HomeMy WebLinkAbout08-16-1967 City Council Minutes SARATOC~ CITY COUNCIL
SU~fARY OF ~IINUTES
TIME: Wednesday~ August 16~ 1967 - 7:30 P. R.
P~CE: Saratoga Ci~ Cou~il Ch~bers, 13]~7 Fr~tva~e A~., Saratoga~ Cali~.
~E: ~gul~ ~eeti~
OR~I~TION
~yor Ole~on called the ~eti~ co order a~ 7:35 P. M.
A. ROLL Cg
~eseu~: Co~cilmen Ole~on, Burry~ Robbins~ ~ler
Absent: Counc!l~n Hart~n
B.
It was ~ved by Councilun Rebbins, seconded b~ Council~n Burry, and
un~imeusly carried to dispense vith ~he re~inS~. and approve the
~nutes of the Aught 2~ 1967 ~eti~, as written.
B~S ~D CON~TS
A. Report of Bids - Seal coating certain city streets and overlayi~
Scot].and ~tve with 2' A. C.
Stree~ ~e Clerk reported results of the bids opened earlier today,
Pasurf~i~ fukly itemized on =he bid s~y dated A~ust 16, 1967, and reco~nded
Bids sward of contract to the low bidders as
(1) 2' A. C. ~erla~ - to A. J. Raisch for a total ~un~ of $10~330.
(2) Oil ~d Screens - to Harold D. ~eterson for a total of $12,918~33
(3) Gilsonite Seal - to Gilsabind Contractors for a total of
$9
It was ~ved by Cou~il~ ~ler, seconded b~ Council~ ~bbi~, and
unani~X~ c~ied to authorize ~he ~yo= to ~ecute contracts for
stree~ resurf~i~ as outlined above.
B. Agre~nts for propert~ acquisition - Village Parki~ District
Village Councilman Burr~ ~ved ~o autorile the Ha}.or to e~cute agree~nts
Par~ for property acquisiti~ for the Village Park~g District No. 1 with
Dist. No. 1 Ida E. Banerr in ~he ~oun= of $~662, c~p~ed a~ $2.18 per square
Acquisi~ion foot; ~d with Janet Gunn f6~ ~ ~oun= of $66~7~ based on a
~e~n~s of $2.18 ~r square foot. Cou~il~n ~bbins seceded the ~tion
which c~ried un~i~ly.
C. Report of bids - Villas Parki~ District No. 1
Village ~. Huff reported the= three bids were =eceived for ~pr~ements
Par~ Village Parki~ District No, 1 a~ that the e~ineers for the proJec~
Dist. No. ~ will be prepped to report later a~ this~eting. ~e bids received
vere= ~illi~ D. S~th~ l~. - $94,886.00; Copenhaver Cons~ruction
Company - $83,003,65; and L. C, Smith Cobany - $109,035,7~ and
~. Huff read a Xeteer, dated A~ust 16~ 1967, from Willira D.
lnc., protesting any award of con~rac~ to Copedaver Construction
C~pany. The protest was based on alleged irregularities in the
listing of su~ontractors and on ~he t~e of contrac=or*s ~icense
held by Copedaver Const~c=ion C~any.
~a Co~cil agreed to defer action on the a~ard of bids and consider-
ation of protests until the time for public hearings on Village
Parki~ District No. 1, schedul. ed ~[or later on this agerids.
SARATOGA CITY COUNCIL ~INUTEg - AUGUST 16s 1967 - Con~inued
IIl PETITIONS, ORDINANCES AND FOI~4AL
A. ORDINANCE NS-3.14
It WaS moved by Councilman Tyler, seconded by Councilman Robbins, and
O~d. NS-3.14 unanimously carried to ~.opt Ordin~nce NS-3o14, as introduced at the
Zonin~ last meetings adding ~eqUirements for written notice of public hearings
notices on zonin~ to contiguous property e~ners,
B. ORDIIL~NCE NS-5o16
Crd. Tile Clerk reported that this ordinance is a technical amendmen= to
NS-5.16 the Subdivision O~dinances clarifying existin~ policy relative to
rejected rejected offers of dedleation and that the ordinance was introduced
o£fers of at the last regular meeting. It was moved by Councilman Burrys seconded
dedication by Councilman Tyler~ and carried unanimously to adopt Ordinance NS-5.16.
C. ORDINAI~CE 19-J
Ord. 19-J l~.xe City Attorney sta~ed that the au~.unt o~ revenues necessary to
I967-68 support the City departments and special lightin~ districts must be
revenues ~ixed by the Council each ~iscal year and that it may be accomplished
needed eitherby resolution or by ordinance but that the City of SararoSa hast
by policy~. previously done so by ordinance. It ~as moved by Councilman
Tyl. ers seconded by C0uncilman Robbinss and unanimously carried to adopt
Or,:linanCe 19-Js ~ixing the amount of ~evenue from property taxes
necessary fo~ the SUpport of the departments of the City for the
curren~ fiscal year and fixing the,amount of revenue ~u~ficient to
pay the estimated ~osts fO~ said fiscal. year for:SCL,Dts'~riCt,1
(S.ara~oga Lighting DiStrict)s Azuie Lighting District, and Quite
1.2Lgh~ing DistriCt.
D. RE~OLDT~O~ ~O. 32-j
Reso 32-J It ~as moved b~ CounCilman RobbinS~ seCOnded h~ C~uneil~an Bur~, and
1967-68 unanimously carried to adopt Resolution ~oo 32-J~'fixin~ the general
tax rates prope~y tax rate for the fiscal year 1967~68 at 10¢ per $100o assessed'
~aluation, and the special assessment tax rates ~or SCL District 1 at
22¢ per $100o assessed valuaCion~ Azele LightinS District at 75¢ per
$100. assessed valuations and quito Lighting District at ~0¢ per
assessed valuationo Rates for the special llgh~ing distric~s are based
on assessments ~cr land only~ exclusive of improvements.
IV SUBDIVISIONS~ BUILDING SITES AiqD ZONING REQUESTS
Ao SDR-706 - VIRGIL HE1LRI~G
SDR-706
Herrin~ ~ha Cl~rk reported ~hat all conditions £or ~fnal building eite approval
fo= one loC on Big Basin ~ays o~vned by Virgil Herrivgs have been mats
with the excepticn of provision for off-street parking. lie rcco~wnended
that approval be granted subject to compliance ~ith this condition by
either the formation of the Village Paxking District No° I or by the
postin~ o~ a bonds by the applicant, to guarantee cons~ruction of
required parking facilities if the parking district does not proceed.
It was ~oved by Councilman ~ylers seconded by Councilman Robbinss and
unanimously car~led to adopt Resolution ~oo SDR-706-1~ granting final
building si~e approval to Virgil Herring~ subject to satis~actory
co~pliance with t he requlremen~ £or o2f~s~:~:ee~ parking°
V PUBLIC HEARINGS - 8:00 P. ~,
A. VILLAGE PARKING DIS'fRiCT ~O. 1
Village Phillip Assaf~ representing the ~ondlng attorneys for the project,
Parkin~ stated that there are two hearings. One is on the resolution of
Distric~ intention to form the parking district and the o~her on the formati~n
6oo I of a parking maintenance dis~ricto
SARATOGA CITY COUNCIL HINUTES - AUGUST 16, 1967 - Continued
With no obJection~ M~yo~ Cie.~non opened the public hearing at 8|04
and ordered the record to Shc~ that due notice of hearin~ had been
posted and nmiled in accord Kith law.
Counc!lnmn Tyler askod Nr, Assaf wha~ posit~n he ~ould be in re~ard~
vo~i~ on the resolu~ions, ~, ~saf advised ~hn~ a full disclosure
of his interests in this matter ~de public x~ould enable him to
par~icipate in these p=oceed~s~ Co~cil~ ~ler s=a=ed the= he
~s a half interest in the fomer You~t Center propertys ~ith ~,
and ~s, Kocher, ~yor Glennon asked if there w~ any doub~ on the
part of ~yone present the= ;~, ~ler has an interes~ in s~e of
~he land In the pa=kin~ dis~ric~, No one presser replied ~o ~his
statement,
~e ~yor then directed the City Clerk to outline ~he proposed projec~
and explain ~he proposed assess~nt spread, ~e Clerk described
boundaries of tile dis~ric=, ~e parking area has access on bo~h
sides of Fourth St~= and serves the properties bed'sen =he Victori~n
House and the ~cher buildt~ lyln~ ~e~een Big Basin Way ~nd
Creak, ~e o~ers in ~he distric~ are ~h~ who will be payin~ for
~he district, ~e dts=ric~ ~11 provide 160 parki~ spaces Co
benoff= ~he properties which are pa3,1n~ for this proJect, ~e benefi~
is assumed ~o be directly related to'the square fcota~e of.buildl~
area ~hich each parcel will be able to erec~ on the property after
Village the distrio= cons~=uc~ion i~ complete, ~e benefit is based on =he
Perkier ratio of buildleg area e property be=rs to ~he =o=~ buildinS area
Dis=rio= within the district, ~e district ~ill provide ~60 spaces plus
No, 1 ~2 ~.ddlCional spaces ~o be provided late~ on ~ pri~ate basis,
Buildin~ e~ea ~i~1 equal &60 square fee= pet parkin =~space, To~al
cos~ will be $321s000 including land acquisiCion~ inuidental costs
and cons~ruc~ion of ~he parkinS spaces, ~s, ~dersons ~, ~ler
and ~, Green ~ill provide so~ addi~ional space and their assessments
are based on total building area less credi= for these spaces, They
will no~ be allied to build their full bu~ldinS area until construction
of these additional spaces,
l.k'~ Assaf stated that ~he en~i~ers report co~istin~ of parcels to
be assessed~ eatimPs of cos~s and assessments, etc, are on file with
the Clerk and the me=hod of spread of assess~n= is a pare of the
repor= and ~Iso a par~ of fize evidence in these proceedi~s, He
disp~ayed a map of ~he assess~nt district and =he boundaries of the
parking ~inten~ce dis=ric=, ~e ~ps ~ill be filed ~i~h 2he Clerk
and made a par~ of the record, ~ith no objec=ions ~yor Gle~on
direc=ed the ~ps in evidence.
It ~as indicated ~ha= property o~ers had advised =he e~ineer
re~ardi~ ultimte develop~n= of their proper~ies ~nd izdtc6ted .
~he sq~re f~age.o~ ~ldinS ~o ~ deveZolmd ~e the basis for the
square foodage participation in the dis~rict,
~e bb. yor asked if any protests had been re~=eived ~d the Clerk
reported no ~iCten protests,
W~llt~ ~ou~hs attorney represen~iu~ San Jose Wa~er ~orks (from
the rim of Burnsits Burnett~ Keough & Colri) asked to see the
mp a~ pointed out that the parcel he is in=crested in is parcel
S~ Jose ~a~er ~orkss owner of parcel 6 wants out of =he district
on th~ basis ~he= they have no benefit from t~e d~stric~, ~e
property of the San Jose Water Works is a p~ptug station with
for .park!n~ one ==uck on ~h2 property when the p~s need adJust~,
Distrtc~ cost ~o ~he Wa~e= Works is $~00, Mr. Keough noted
final site epproval of the Virgil Herring proper~y required provision
of 19 parkinS spaces or provision of these spaces by =he parki~
district and ~hat he did nc~ feel ~haC =he d~=ric~ was intended =o
be in lieu cf the p~kt~ spaces required by ordh~ce. Alsos he
indicated Char ~he dZs~ict could be drafted around the Wa~er ~orks
and stated that ~he property is net adjacen~ ~o ~he parking area
~e Mayor asked if there ~as ~y restriction in the Sta~e charter =o
the. S~ Jose ~acer ~or~ as Co its ability Co re-sell l~*aC a
prO~iC~ ~. ~ough replied thaC he did noC ~ ~d Chac C~e Water
~orks hu J~t all the ro~ it ~ed8 - approx~ely 3500 sq~e ~eeC
o~ l~d,
John, ~c~arc, the.g~ineer o~ ~ork~ S~ated that, in addition to legal
notice, the S~ Jose Water ~orks was concacC~ bY letter aski~ ~or
buildi~ area they would have ~d their assessing is based on this
area, ~, Stewart Stated Chac the WaCer ~orks properc~ is as close
as any ocher buildinS in the disCrict~Co.~he proposed ~rki~.~Wich the
exception of one orC~o buildi~s~ Paring district improve~ntS.in
addition to off street perkinS sp~c~S include Forth Street improveenOs
in ~ronC of the wa~er wor~ property, ~ ~ouSh asked if the district
could be chased on the b~is thaC the racer works does not bene~iC in
the s~me ratio as a co~ercial use does,
~; . . ,, .
Cou~ilmn ~ler ~ked chat the reCSrd Csh~ thaC he was absCaini~
~rom any discussion on this mtCer and if any voCe c~s up he will
abstain from voCi~ on the" basis ~ his interest in the ouCco~
the disCrice. PresenCzo~ of Ch~s. properCy of the San Jose ~aCer
~orks was reported co be co~rcial~ the sm ~ the ocher parcels
the district,
~s. ~errill spoke in opposition ~o the part Chac affects
hand side of Fourth Street; She favoced prese~inS the natural'
beauty of the creedbed, ~e ~yor uked if Chore ~ere ~y 8ddiCional
oral protests and ~ one fr~che audience replied.
~e ~yor asked aC this t~ for the ~otal valuation of the various
Village p~cels in the district. ~e Clerk-re,fred ~227,950, valuation,
Parki~ which $111,950 is ~or the San Jose ~ater Works~ accordi~ to info~ion
District obtain ~r~ the county. assessor, ~ ~ou~h expressed extre~ doubt
No, 1 as to the accuracy bf ~his ~iSure and ~; ~saf said that the Board
Equalization, and not the County assessor, probably assesses the ~ater
works on a 50z basis. San Jose ~ater ~o~ks ~s 3206 square ~eet
property in the distric~ Which totais 1~0,000 square feet. Cou~il~n
Bur~ comented tha~ public.utilitieS are assessed at 50Z o~ value, as
contrasted ~to 25Z ~Or c~erCial properties,~ ~, ~ouSh asked ~e
total square footaE~ of the i~r~e~nt~ ~sed as the basis for the
spread o~ assessmene ~d ~ advised that i~O50 square ~eet of total
for the San Jose ~ater ~or~s o~ buildi~ area is c~ared With ~Q:..
~3,000 total squ~e ~oota~e. exclusi~ O~ the a~ea to be all~ed by
future. pri~ate p~ki~ construction ~O a~i~ ~t the ~433.66
assess~nt ~ the Water ~rkS parcel,
~e CoUncil.ac~l~dZed that the only protest is S~ Jose ~ater
~orks ~ith. 3206 square fee~ ~ut o~ 140~O0O. squa~e ~eet, 'No other
protests ~ere mde~ Council~n Bu~y' moved that the publi~
re~ardi~ ~he prote~ts t~ reSolUtion o~ intention be closed. Cou~il~n
Robbins seconded the motion ~hich taxied ~ani~usly at 8:~
At 8:45 ~. ~. ~yor Glennon opened ~he public heari~ on the parki~
~intenance district, and directed the Clerk to explain the need for
the district. ~e Clerk briefly outlined that this district is co-
tortuous ~th the perkinS district and that this Is to provide funds
for ~intenance o~ the parki~ district. Cost o~ mintena~e will be
computed annually ~ assessmnt levied on the property to support
the~intenav~e, ~e~yor as~d i~ anyone pnsent ~ished to spe~
and ~. Faou~h asked the basis o~ the ~intenance assessmnt.
~sai stated that assessed value o~ land ~d imprints is the basis
for ~intenance district asse~s~nts. ~ere were no other counts.
Co~cilmn ~bbi~ ~ed, seconded by Councilman Bur~ to close the
public hearing; wtion carried ~usly aC 8:50 P.
Council~n Bur~ reviewed S~ Jose Wate~ ~orks objections ~hich
they based on (1) no benefit (2) they ope:ate no c~erctal
enterrise needi~ parking. He said he tends to 8o alon~ if the
protest pr~ides definite assurance to the city that this property would
never be used for a comercial venture. Council~nRobbi~ s~d he
thought the parki~ district would e~ance the val~ o~ the San Jose
~ater ~or~ property, ~r Glennon stated that he thin~ the ~ater
works has a responsibility to ~he co~,~ity that is probably Ereater
th~ that o~ an individual, He co~nted that the perkins district
vital to the area aM the water ~rks should enco~e ~t if for no
other reason that th~ i~ is the kind o~ thin~ a Eocd
aTeCA CITY COUNCIL MINUTES - AUGUST 16. 1967- Continued
Councilman EBbbins stated that the location in a c~rcial district
wass to his thinkir~, the key consideration,
RESOLUTION NO. 368 - It was moved by Councilman'Robbins and seconded.
by Councilman Burry to adopt Resolution No, 368, overrulin~ protests
to the resolutionof intention to Construct improvements in the
Village Pazkin~ DistriCt No~ 1, 14orion carrieds with Councilman Tyler
abstainin~ :
RESOLUTION NO, 369 - ~he OriSinal ResolutiOn No. 369, ordering reduation
of assessments was not needed sO:the Mayor ordered that the number be
assigned ~o the Resolution ordering formation of City of Saratoga
Village Parkin~ Maintenance District No. 1. Resolution No. 370, which
would have been necessary h~d the 'bids been:higher than the en~ineers
estimate was deleted from the agendas as not needed,
For the record, Mr. Kenugh ~rotest~d to the maintenance distzict~ The
City Attorney objected slnc~ the public hearing was closed and the
time for hearing p~otest~ cIosed~ ~he Mayor stated that the CounCil
had considered Mr. Keo~gh*S objections thoroughly and pointed out that
the hearing had been Closed. Mr. Keough objected that the agenda had
listed only one publt~ hearings instead of two, The Mayor pointed out
that Hr, Keough' had become aware that there,ere two hearings.
Village Countlinen Tyle~ asked if there was any ~ay the water works could pay on
Parking . a basis of squ~re footage~because they are assessed so high on their
District p~rcel, If so~ he IndiCated that he weuid be in favor of some adjust-
EB. 1 ment, Mr~ AsSaf indicated that there would be for a charter city but
that the parking maintenance district 'is u~der the improvement act of
1911 and there ~as no other Way tO do it, Councilman Tyler noted that,
as the property builds UPs the maintenance district cost based ~n
assessed Value Of land&improvements would go do~fn for the San Jose
~ater ~ork~ as the assessed value ~f the ot~er pr6perty increases.
The Cler~ estimated a $500. yearly maintenance cos~ which was
contested by Mr. Keou~h,
Councilman EBbbinS .stated tha~ the ~ouncil should h01d off formation
of the maintenance district and see'aboat the property owners doing
i~ themselves ann leave the water works out~ He stated that he did
not Vent to hold ~p the parking district but sow,no need for the
maineChance district at this time.
Mr. Assaf sa~d that for~ation of th~distri~t did dot,necess~rii~
mean that the Council has to~ levy a~ax, ln any,event~ he poihted out
that no tax* could be 1avted ~fore next year~ Aaoption of this
resol~ti0n ~0 form the maintenance district ~0ula no~ preclude the
Council'from considering other ,means of,financing this district if
it wishes. Mr~ ASsaf indiCated,that this is the only vehicle
available.by which the Council ban be certain the parking district
is maintained in the future He said that the low allows the City
to advance money to maintatu it until the revenue or tow is available.
The City Attorney asked if it is required that boundaries of the
parking distract and maintenance district be co-termtnous. Mr, Assaf
replied that it would be difficult to say that a property derives
benefit from the parking district and not by the maintenance dist~ict,
The only alternative Mr, Assaf could recommend was to drop the
water works entirely from both districts but he pointed out that
there would be no way to assess for another use in the future if tC
is dropped now, He also said he did not think there was any providion
in maintenance district law for the setting up of zones. If there
is he will so advise the Council.
Councllm~n Burry stated that if the City is ~oing to have the district
it meat at least set up the formation of the district and, on that
basis, he moved for adoption of Resolution No. 369. Councilman
*** Tyler seconded the marion and Mr, Assafwas requested*to check further
into the question of zones in amainten&nee district,
S~ATOCA CItY COUNCIL ~lI~ES - A~UST 16, 1967 - Co~tinued
~, Ass~ stated t~at.i~ there is ~0p~rtunity. to se~ up zones it
maybe that it is:in the ~irst inst~e~ He therefore-reco~uded
that action be wit~held until he could Check ~Urther, Councilm~
Burry then ~ithdr~ hia.~otion and CoUncilmn ~ler withdrew his
second, ~lth no objection, the ~yor. postponed action until later
in the evening.
~, KeouSh stated ~hat the S~ Jo~e.~a~bt ~orks ~ould like to continue
this matter to a definite date sO'they e0~ld meet with ~,
~e ~ayor stated that the San Jose ~ater .~orks had had t~o ~eeks,
Keou~h repeated his request, ~s. Koc~er (one o~ the o~ers o~ the
parkin~ district) s~id that. all ~ere S~Ven ti~ to ~ke decisions and
that she ~as sure that the ~ater c0mpa~y.Was 81yen the s~ amount
o~ ~e that the others ~ere. ~ey had the in~o~tion~ she indicated~
and she did no~ feel ~hat it should ali be postponed now because o~
them,
~e ~yor suggested that ~, ~s~ ch~Ck oU~ the 1~ and the CoUnCil
return to the item later in the m~tin~, ~, Aseaf said t~t the
Council would have to dete~ne any.aCtion ~ the hearinS had been
closed and he did not ~ow ~hat cduld be decided on a staf~ level~
~e ~ayor asked i~ the Council ~hould decide a~ this ~etin~ to Eoma
mintenance district i~ i~ would.bepossible at a later meetin~
the Council to decide that for~intenance purposes it ~ould decree
e~e o~her ~thod.oE t~ation. ~, ~aE stated that the Council
could refuse to !~ the.t~ to bupport =~n~enance.
~. Assa~ said there,ere ~hree ~ore re~olutions to adopt, no~
numbered 371~ 372 and.373, none bE which bear on this question.
~th no objection, the~yor o~dered tha~ ~. ~Sa~ Be'asked to
check the l~onminte~e district and moved on to the next
item on the aSenda,
Counciln Burry moved ~or adoption oE Resolution ~o. 371, adopti~
Village the en~inee~s report and orderin~ ~ork and acquisition. Council~n
~arki~ ~ler seconded ~he ~cion which carried unani~;ly,
District
~o. 1 Bid ~ounts ~or parkinE lot assessment construc~ion were L, C, Smith-
~104,710.75; Copenhaver Construction - $79,158.85; and ~, D, Smith
$90,964,50. All ~ere reported to be responsible bidders who had
posted a bidders
~r. Steele, representinS ~. D, S~th C;any was present in connection
~ith a letter protestin~ ir~e~ularities in Copenhaver Construction
Company~s bid, ~e City Clerk read the letter oE protest o~ a~ard
to Cope~ave~ in that the lis~ of su~contractors was not filled outs
and that Copenhaver*s C-12 license w~ not su~ficient ~or this
~r. Assa~ sta~ed that this was a valid protest, He s~id that bids
were opened at approxl~tely 3:05 ~, ~, and that Cope~aver~s bid
lis~ed the exact item~ ~hich ~ould be sub-contracted bu~ did not have
the n~es o~ the subcontractors at that point. ~, Hu~ talked to
representatives oE Copenhaver and at 3:18 P. ~. the list of sub-
contractors was received. ~e subcontraCtors 1~ ts ~or the benefit
oE the public and not other sub contractprs. It is to prevent shoppinS
for sub-contraCtors. ~e specifications further provide that the
Council c~aive ~y irre~ularities. ~, Assaf s~ated that he thou~h~
the publi~ interest was se~ed in this instance. XE, within 10 to
~nutes the list o~ subcontractors'~as available and the ~otk to be
done was listed, then it was his belief that it ~as an oversi~ht.
~r~ ~sai advised ~hat the Council may reject the bids or reserve the
right to ~aive any 'lrre~ularities a~d award the bid to ~he low bidder.
Counciln Burry asked i~ a su~t a~ainsC awa~ ~ould be possibly
successful and ~. Ass~ repeated that he believed the interes~
the law had been ~et. if a contractor is not l~.censed to do
~ork then he ~ould be in violati~n oE the law b~ ~, Assaf indicated
~hat from what he kn~s, Cope~aver is licensed ~o do the ~ork and
that i~ anyone has an objection. then the Objection should be taken
before the State contractor~s licenein~ board,
SARATOGA CITY COUNCIL laNUTES - AUGUST 16~ 1967 - Conti~ued
Counci~man Robbins moved to waive any irregularities or informalities
in the bidding and a~ard the contract to tile low bidder by the
adoption of Resolution No. 372. The bid amount was $83~003,65
of which $79s158,85 will be paid by the parkiF district, Councilman
Burry seconded the marion which carried unanimously,
Councilman Tyler moved, seconded by Councilman RobbinS to adopt
Resolution No. 373, designating the City Clerk as the Collection
officerl motion carried unanimously. ~ayor Glennon asked if that
was all except the item Mr, AsSaf was going to check and Mr. Assaf
confirmed that it was°
B. QUiTO p~AD PLAN LINE
The City Clerk s~ated that notice of hearing has been published and
this was the time and place for public hearing. on the map of
plan line. The map was posted on =he board behind the Council and
Quite the Clerk pointed Out the general line. The Mayor declared that he
Road will call a recess for the audience to look ~lcsely a~ the plan,
P!an Quite Read, north of Pollard road is proposed for four lane reads with
Line two lanes frnmPollard south~ divided at certain key areas to preserve
landmark trees and .other existing vegetation, It follows .Quite road
with some minor madivicationto. improve sight 'distance and alignment
a~ consists of 40~ roadway on 60' right of way, Righ~ of Way varies
where road is divided and in four lan~ sectiens~ Mr. Huff explained
thae the bulk 6f t~affic ~ou~h of the freeway iS expected to siphon
off of Pollard road. The General Plan indica=es that four ldnes are
adequate north of Pollard Road and that two lanes south of Pollard will
be adequate until 1985, at least. The plan line will be effective as
a street line end will serve as a setback line permitting no structure
to be in the first 30' from the right of way. Recess at 9:55 P. M.
and reconvened at 10:09 P. M.
The Mayor declared the public hearing opened at 10:10 P. M. and asked
if anyone present wished to address the Council and no one responded.
Councilman Eurry moved, seconded by Councilman Robbins to close the
public hearing, Motion carried unanimously at 10~11 P. M. With no
objection, Mayor Glennon ordered the nLtnutes to show the public
hearing was held and the ordinance introduced.
A. VILLAGE PARKING DISTRICT NO. 1 MAINTENANCE DISTRICT - Continued
FAr. Assaf said there is no way to establish zone of cost on a maintenance
district under this act. Mro Keou~h said the cost of maintaining
Village the district is based on assessed valuation and that San Jose Water
Parkin~ Works has about one half of the value. He mentioned a procedure under
District the 1911 ant whereby the Council could bring within a maintenands
No. 1 district, on its own motion, any parcel it feels should be added. He
Maintenance said that it would be a simple matter for the Council to add the
District property at such time as they might, in the future, use the area
fe= commercial use. M~-. Keough stated that the maintenance district
did not have to be the same as the parking district itself, and t}at
he thought the San Jose Water Works property should be e~cluded till
such time that the perkins district would be used by them,
Mr. Assaf advised that a parking maintenance district was the only way
he hew of for this purpose. But Mr. Assaf pointed out that the
maintenance district need not be co-terminous with the parking district.
Any parcel could, he stated, be omitted either now or later, Also,
a parcel could be included in the parking district and left out of
the maintenance district. Mr. Assaf stated that he understood
Keough to imply that the San Jose Water Works would be willinS to
enter into an agreement that if the property is ever used for e+ny
other purpose than its present use, they wcuid, in the future, annex
this property to the maintenance district. Mr. Keough stated that
he had nO objections to such an egreemsnt, althcuah he saw no need
for
SARATOGA CRY COUNCIL MINUTES - AUGUST 16s' 1967 - 7:30 P.M. ~ Continued
CouxmilnmnTyler asked if this provision might also apply to other
properties An the district and Mr. Assaf said it could happen. He
indicated that the water~company property assessed value As probably
a factor in this but that it was true that sther owners might come
to the Council with a Claim that they h~ve no nesd for the district
as they are not using it. at the time, Howevers he pointed that all
the property does benefit by the improvement and is there for use
whether it is usedor not, Property can b~ excluded at any time but
Mr. Assaf advised that it is difficult to bring them back in at a
later date. Findings on w~%ther or not ~ certain area benefits must
be made and FAro A~saf said that he thought that if the reason why an
area was determined not to benefit was stated in the Council minutes
and that the record showed that if~ at a later times the property
changes to anothe~ uses then h9 felt the record would stand that the
property does not now benefit but may at a later date,
The City Attorney stated that the Cauncil!had already passed a
resolution that this property would benefit by~e parking district
and that he did not see ha~ it could determine that they dO not benefit
by the maintenance district, b~o Assaf stated that the particular
method of assessment was the result of ownerss engineers and staff
feelings as to the most equitable; The hearing was held t~ consider
protests and none were advanced except by the Sen Jose Water Works
who did ndt say they protested the Spread Or method.of assessment but
Village only on the basis that their use of the property does not benefit as
parking would the area under another use,
District
No, 1 Councilman Burry stated that he would be inclined to exclude the
Maintenance water works from the maintenance district subject to receipt of a
District written agreement to go with the land so that if it ever becomes another
use then it would become part of the maintenance district.
~r. Assaf advised that he would like to see further study for he did
not know what San Jose Water Works would do on the construction
assessment. Mr. Ks,ugh said that the Council had the means within
existing State law to bring 'the water works property into the district
at any time in the future that it wished to do sos with or without
the water Work company's consent, Mr, Ks,ugh indicated that if they
entered into an agreement to come ins that would be different but
thats if as was presupposeds a vacant lot also entered an agreements
there would be a discrepancy of percentage of assessment,
Councilman Tyler indicated that he did not favor exclusion of the
water works property from the maintenance district, His feeling
was that if there is a way to handle them in a special way because
of their use it should be done but that they should not be excluded,
Mr, Assaf stated that the property owners could agree within themselves
to make up the money to take up this portion, Councilman Tyler
acknowledged the shortcomings of that procedure and stated that the
maintenance would be very low for the first few years and then the
discrepancies would become lower as the other property develops, In
view of the law and this fact relative to present discrepancies s
Councilmen Tyler stated that he would be in favor of retaining the
water works in the maintenance district°
Mr, Assaf indicated that the resolution could be adopted as it is if
the Council desires to include the San Jose Water W~ks in the mainten-
ance district, If, howevers it is the intent of the Council to exclude
them then this intent should be expressed in effect to find out if
a majority of the Council agrees, In this events Mr, Assaf stated
that he would prepare a resolution for the next meeting with a
revised map of boundaries' an.~ assessment,
The Mayor suggested a motion relative to Resolution No, 369, Councilman
Entry mo~d, seconded by Councilman Robbins that consideration be given
SARATOGA C1Ty COUNCIL HINUTES - AUGUST 16s 1967 - Continned
to the exclusion of the San Jose Water Works in the maintenance district
Village and that the bonding attorney be directed to prepare a resolution
Parking together with the present resolution andmaps and that the Council
District take the entire matter under consideration. Motion failed by a tie
No. i vote of the Aye votes of Councilmen Burry and Robbins and the No votes
Maintenance of Mayor Cleunon and Councilman. Tyler. Mayor Glennon then stated that,
District rather than hold up the matter by a tie vote, he would change his vote
to Aye~ Motion therefore carried and Mayor Glennon directed Mr..Assaf
to prepare a new resolution for CoUncil consideration at the next
meeting,
At the request of Councilman Rob~ins, Mayu: Glennon instructed the
City Clerk to prepare more detailed estimate of costs of main~enance
over ~he years to come,
VI ADMINISTRATIVE MATTERS
A. MAYOR
Cuperr!no (1) Mayor Glennon reminded the Council end staff that they a re scheduled
vs. Saratoga for a softball game against the City of Cupertino tomorrow evening
Mayor (2) The Mayor announced that he will be out of the city until about
away August 29~
(3) Mayor Glennon announced that the MayorIs Committee of the Iuter-
Tax on City Council hopes to conside~, at the September 7 meetings the
transfer of imposition of a t~x on transfer of real property as a means of
real property . additiona!~evenue for cities and counties,
B · FINANCE
Bills (1) It was moved by Councilmen Tyler, seconded by Councilman Robbing,
and unanimously carried to approve the disbursements dated
August 16~ 1967 for a total amount of $24,210o40 and authorize that
wad'rants be drawn in payment.
Finance (2) ~e City Clerk's financial report for the month of July, 1967
Reports ~as distributed for Council information,
(3) The July, 1967 Treasureris report was received without comment.
(4) The foarth quarter budget report was distributed for Council revie~
C. COUNCIL COmmITTEES AND REPORTS
(1) Councilman Burry reported that the Management Committee recounends
R. S. Shook that Mr, Robert S. Shook be hireds at a monthly salary of $1050.
employment as to fill the position of Director of Public Works. It was moved
Director of by Councilman Burry, seconded by Councilman Robbins~ald unanimously
Public Works carried to adopt the committee report and authorize the employ-
ment of Mr, Shook as recommended~
(2) It was moved by Councilman Berry, seconded by Councilman Robbins~
City office and unanimously carried to accept the reconnnendation of the Manage-
hours merit Comfttee that Resolution No. 85-6 be amended to establish
the office hours for the city hail at 8:00 Ao Me to S:00 P. M.
daily, Monday throughFriday and that the maintenance crew work
from 7:30 a.M. to 4:00 P. M. with a 30 minute lunch period,
(3) Councilman Burry reported that the Manngement Committee reviewed
Engineering James F. Riley~s letter of August 1, 1967 relative to engineering
fees - Hakeme fees for the Rakone Gardens water system and, because the plans
Water system as originally drawn can be used for ultimate expansion of the
water system, =ecomends that the engineer!~z fee be computed
at 6% of the $31,946.00 original bid~ or $i,916o76 plus $774~00
for revising plans following the initial bid openil~ for a total
design fee of $2,690,76, Councilman Burz7 moved that the Committee
report be accepted and Councilman Robbing sec~.~ded the motion~
which carried unanimously.
SAI~TOCA CITY COUNCIL NINUTES - AUGUST 16m 1967 - Con~inued
(4) Councilman Tyler zeporCed tlat the Public Welfare Co~ttee met
PEellon Drive several times with residents of ~ellen Dr~e and recommends moving
Sara. Ave° the curb line at Saratoga Avenue and ~ellon Drive. Previously the
curb line Council approved an alignment designed in an effort to save the Oak
tree at that location but the =tree died and the Committee there-
for recentends ~evision of the curb line at a cost of $2500 to
$3000~ exclusive of landscaping. Counciiman Tyler moved
seconded by Coun6ilman Robeinss to authorize the Cit~ Administra-
tor ~o call for informal bids on this project; motion carried
unanimous ly,
D. DEPAR~,~T }F_ADS AND OPFICERS - nO reports
E. CITY
Purchase (1) In'accord with a ~eport and ~eeo~ndation f~om the City Admin-
sprayi~ istrator, it was .~oved by Councilnmn Rebbins~ seconded by Council-
equipment m-"~ ~/].er~ and carried unanimeusly to authorize the City Adminis-
t~etor to purchace Spraying equipment fo~ use by the street
maintenance'crew a~ a cost of $~50o25o
Jo Huff - (2) l~e City Counci~ app~o~ed the City Administratorss reqUeSt for
vacation vacation timo, f~omAu~dst 18 through S~ptember 5~ with Don Harris
super~lsin~ the 6ity office staff in Mr. Huff~s absence.
Street (3) The City Administrator called the Council~s attention to a lis~
Dept. of current neighborhood youth corps and Nelson ~endment trainsees
Trainsee and stated that periodic reports will be made to the Council
re~ardin~ their employment with the City.
(4) F~. Huff reported that the firm of Gribaldo~ J~cobss Jones and
Soils Associates submitted a proposal for soils engineerin~ services
En~lneering and Chat the City Attorney had prepared a contract, based on the
Contract proposal. for Council consideration. Xt was moved by Councilmen
Robbins, seconded by Councilmen Burry~ and carried unanimously
to authorize the Mayor' to execute the contract as presented.
VII CO~R~LraICATIONS
A. WRITTEN
Westhope (1) ~ne Council acknowledged an invitation to ettend the ground
Presbyterian breaking ceremonies for the Westhope Presbyterian Church,
Church
(2) The Council read e letter from Ken ~rts of MarwisE Construction
Verde Vista Conpaxxy~ requesting reUa~r to Verde Vista Lane, Mayor Glennon
Lena ldaint, directed the City Administrator to advise Fir. Harts of the City's
willingness to participate on the same basis as the Council
agreed to partlcipa~e for Vickery Lane maintenance.
B. ORaL
Hayor Glennon eeknowledEedm with pleesure~ the presence of Plenning
Commission Chairman Norten~ Good Govern~ent Group representatives
l~rs~ )~dire and Mr. Lewis (~he served eelfee durin~ the recess) and
ldro Stewart Howell~ representing the Chamber of Commerce.
ADJO{NT
It was moved by Councilman Burry~ seconded by Councilman Rob)ins, and
unanimously carzied to adjourn the meetin
mdr