BOOK 21_1946-09-23 to 1948-08-09

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19. Mayor Hilton announced the purpose of the special meeting to consider' adoption of final map on Hudson Park Subdivision as submitted by Mr David Holder. City Clerk Dodge read communication from the Planning Commission recommending favor- able avor- able action on the part of the Council subject to the following conditions: 1. Construction of a six (6) foot grape stake fence, with the grape stakes facing the Redwood Avenue side, across the back of Lots 7, 8, 9, and 10 at a point three. feet or more from the top of the bank of the Creek in its relo- cated position. . 2. Planting of a row of suitable trees, in the area between the grape stake fence and the top of the bank of the Creek. 3. Posting of a sufficient bond or cash guarantee by the subdivider to as- sure relocation of the Creek, construction of the fence and planting as specified above, and the construction of a suitable house in the place marked "Possible House Location" on the attached sketch. Following the reading of the above mentioned communication, Mr, Wayne Milling- ton, Attorney for Mr. Holder, stated they accept the conditions as listed. Attorney James T. O'Keefe, Jr. appeared in behalf of the protestants residing on Redwood Avenue, stating that his clients were not yet satisfied with the map as submitted. He presented certain suggestions for changes which he was of the opinion would meet the objections of his clients. 'Mr. Millington explained that Mr. Holder had made commitments and had.expend- ed approximately $2b00.00 on the.subdivision after his tentative map had been approved by the Council and he did not believe his client should be put to any additional expense or delay by any further changes in the map. Councilman Werder stated he had moved at the previous meeting to reject the map as then sbmitted, however, if Mr. Holder was willing to put up bond to guarantee the conditions submitted by the Planning Commission, he believed the Council should act favorably. Councilman Granger raised the question as to liability of the City in erosion of new Creek bed. He stated his belief that a deed restriction should be established making the property owner definitely responsible for the Creek as relocated. City Attorney McCarthy advised that Mr. Holder was prepared to put a cash. bond to guarantee performance. After discussion it was decided the amount of cash bond should be x$4,000.00. City Attorney McCarthy further advised the City would be fully protected and that if at any future date it became necessary for the City to make any repairs to the Creek, the expense would becometa lien on the property. Councilman Werder moved that the final map be accepted subject to all the conditions listed in Planning Commission letter, that a one year period be covered by the bond which would be g$4,000 cash deposited in a local bank. Councilman Britschgi seconded the motion which carried unanimously on roll call. RALPH S. DODGE City Clerk