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HomeMy WebLinkAbout10-20-1965 City Council Minutes SAPSTOGA CITY COUNCIL Sb~vI4ARYOF MIIgjTES TIME: Wednesday, October 20, 1965 - 7:30 P. N. FLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. iTYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 F. M. A. ROLL CALL Present: Councilmen Glennon, Drakes Tyler, Burry Absent: Councilman Hartman B. MINUTES Minutes It was moved by Councilman Burry, seconded by Councilman Drake and unanimously carried to waive the reading and approve the minutes of the October 6, 1965 meeting as written. II BIDS AND CONTRACTS A. COST SHARING AGREEMENT WITH SANTA CLARA COUNTY FOR SPECIAL CENSUS - SPRING, 1966 Census Mr. Hanley stated that this is the formal agreement with the County Cost for those census services which the Council informally approved some Sharing months ago and that the cost for participation would be $1656.00. Mr. Agreement Hanley further indicated that the agreement provides that other forms of information would also be obtained if the amount of money from all the participating cities is sufficient to co,~er the additional costs. In answer to a question from Councilman Burry, the Clerk stated that the City of Los Gatos conducted a full special census last year and that they are willing to participate in the County-wide census at a special lowered rate. It was moved by Councilman Drake, seconded by Councilman Burry and unanimously carried to authorize the Mayor to execute the cost sharing agreement with Santa Clara County for a special census to be conducted in the Spring of 1966. B. STREET LIGHTING ACREE}~NTWITH SANTA CLARA COUNTy The City Clerk explained that this agreement has been drafted by the County as a result of its recent action to disband individual lighting Street districts and incorporate them in a single lighting district within the Lighting unincorporated area and that in Sararoga"s case this applies to the Agreement Quito Lighting District. Mr. Hanley outlined theprovisions of the ~ agreement pertaining to payment by the County of the cost of power services for a period of time sufficient for the City to form a special lighting district for continuation of services and levying of taxes. Councilman Burry moved, seconded by Councilman Tyler to authorize the : Mayor to execute the Street Lighting A~reement as presented; motion ; carried unanimously. C. MASTER AGREEMENTS FOR GROUP HEALTH AND LIFE INSURANCE FOR CITY EMPLOYEES Group Mr. Hanley indicated that proposed rate increases by the Western EmplOyee Life Insurance Company, carrier for the City employees group health Insurance and life insurance, are considered too costly and that the employees Agreements have agreed to a new policy with Blue Cross which is commensurate with the present plan at rates in line with those presently in effect. It was moved by Councilman Drake~ seconded by Councilman Tyler:and unanimously carried to authorize the execution of the agreements with Blue Cross as outlined. III PETITIONS, ORDINANCES AND FORbI~L RESOLUTIONS A. RESOLUTION NO. 296 Res. 296 Gas Tax It was moved by Councilman Tyler, seconded by Councilman Burry and Budget unanimously carried to adopt Resolution No. 296, adopting the 1965-~6.'. Approval budget for expenditure of funds allocated from the State Highway Fufid. SARATOGA CITY COUNCIL MINUTES - October 20, 1965 B. ORDINANCE NS-3-ZC-29 The Clerk stated that this ordinanc~,conditionally rezoning approximately 2.06 acres on Saratoga Avenue from R-I-IO,O00 to R-M-3000, had been introduced as amended at the last meeting and that no comments Ordinance or communications had been received at the time of public hearing other NS-3-ZC-29 than the recommendation from the Planning Commission that the rezoning Nail Chase be approvad. It wee moved by Councilman Burry and seconded by Councilman Tyler to adopt Ordinance NS-3-ZC-29. Councilman Drake asked if the proposal had been reviewed by the General Plan Committee and Mr. Henley reported that the Planning Commission did not feel that it should be referred to the Committee for the reason that it did not constitute a departure from the General Plan. Councilman Burry withdrew his motion, with the approval of Councilman Tyler, as second, and then moved for adoption of the ordinance subject to the applicant's signing his acceptance and approval of the conditions of the rezoning ordinance. Motion seconded by Councilman Tyler and carried unanimously. Councilman Mayor Glennon directed the record to indicate that Councilman Martman Martman arrived and took his seat on the Council at 8:10 P. M. arrived C. ORDINANCE 38.8 Mr. Henley stated that because of the complexiris, of this ordinance Ord. 38,8 providing for thelicensing of businesses, trades and professions in Business the City and for the registration and regulation of the same, the ordl- License nance has been reviewed and analyzed several times and that additional Ordinance modifications were considered by the Management Committee at its most recent meeting and the draft is now being presented to the entire Council for study. Modifications or comments from the Council should be transmitted to the Management Connnittee for review. With no objection, Mayor Glennon directed the introduction of'the ordinance and the City Attorney advised that if any major changes are made to the ordinance it can then be re-introduced. Councilman Burry asked how the proposal to enact a business license ordinance had come about and Mayor Glennon explained that although similar ordinances have frequently been proposed by residents of the con~nunity, the Council has, since incorporation, rejected them primarily because they were recommended as revenue producing legislation, The ordinance ~ow proposed was not drafted as a revenue producing ordinance but as a needed method of control, particularly as it pertains to peddlers and solicitors. Councilman Burry expressed his general disapproval of business license ordinances, whether for revenue or control but agreed to review the proposed ordinance in the light of the Mayor's comments. IV SUBDIVISIONS AND BUILDING SITES A. SDR-599 - DAVID FRANI~LIN SDR-599 The Clerk reported that all conditions have been met, bonds posted Franklin and fees paid in connection with building site approval for two lots on Hums Dri~e~ with the exception of recordation of the survey maps and that the Staff recommends approval subject to receipt of this map. It was moved by Councilman Drake~ seconded by Councilman Hartman and unanimously carried to adopt Resolution No. SDR-599-i, approving two lots on Hume Drive as building sites~ subject to recordation of the survey map. B. SDR-415 - DONALD P. SEVRENS It was moved by Councilman Hartman, seconded by Councilman Tyler and SDR-415 unanimously carried to adopt Resolution No. SDR-415-2, accepting Sewtens offer of dedication for street purposes of imptorments on Old Tree Accepting Way. Dedication SARATOGA CITY COUNCIL MINUTES - October 20s 1965 Mr. Hanley then read a request from Montgomery Hawks for an extension of time in which to obtain building permits for the construction of the residences on these lots and stated that although the site improve- ments have been completed permits have not been issued for the 'buildingsc b~. Walker indicated that one year is a logical extension periQd and SDR-4i5 ~. Hrff stated that he knew of no new conditions which might b~ Extension imposed if the applicant were to be required to refile for building site approval, with the possible exception of a requirement for underground utilities. It was moved by Councilman Hartman, seconded by Councilman Burrysmd unanimously carried to grant an extension of building site approval for one year from the original expiration date of November 6, 1965. C. SD-564 - TRACT 4062 Mr. Henley reported that the request from Leonard Road residents for SD-564 deletion of the requirement of final map approval of Tract 4062 that Tr.4062 curbs and gutters be installed had been reviewed by the Planning Curbs & Committee and the Subdivision Committee. The Planning Committee, gutters Mr. Henley continued, has submitted a report but the Subdivision Conunittee has not yet had an opportunity to submit its report to the Planning Commission as a whole. Mayor Glennon explained to Mr. James Cole, who was present as representative of the owr, er, Sam Cirtgliano, that if the Planning Committee does not wish to submit its report prior to the Planning Conmmission's consideration of the Subdivision Committee's reports the matter will be placed on the agenda for Council action at its meeting of November 3~ 1965. Mr. Cole stated that he did not think the delsy would create any problems for the developer and Mr. Hartman, Chairman of the Planning Committees stated that under the circumstances he did not feel the Planning Committee should give its opinion at this time. With no objection, }~yor Glennon directed the item deferred until the meeting of November 3s 1965. D. SD-542 - I-L~RVEY GREEN ~he Clerk stated that at the last meeting Mr. Adamss attorney for SD-542 Mr. Greene, had asked defertel of this item to this meeting in the H. Greene hopes that the requirements for final map approval would have been Condemnation met by this time but that, to his knowledge, that aspect of · e work for easements has not yet been completed. Mr. Henley noted that Mr. Greene was Res. 304 present and that it was his understanding that he wished to proceed with the adoption of the resolution authorizing condemnation proceedings for sanitary sewer and storm drain easements. In the event the Council approves this procedure it is the joint recommendation of Mr. Henley and the City Attorney that prior to adoption of the reso- lution~ Mr. Greene be required to execute an addnude to the contract for tract improvements which would provide for reimbursement to the City for costs incurred in the acquisition of the easements. Addi- tionally, the Clerk indicated, Mr. Greene is willing to post a cash bond for this purpose. ~. Greene filed a check with the Clerk in the amount of $2~000. and the City Attorney stated that although Mr. Greene is not yet ready to file for final map approval, the Council can proceed with adoption of the condemnation resolution and that he will hold the proceedings for acquisition of the easements until such time as the basic agree- meut and the addnude have been executed by Mr. Greene. It was moved by Councilman Burrys seconded by Councilmen Tyler and unanimously carried to adopt Resolution No. 304~ authorizing condemnation proceedings for sanitary sewer and storm drain easements for SD-542. In answer to questions from Mr. Greene regarding the costs connected with easement acquisition, the City Attorney suggested that Mr. Greene check with i,~. Adams for clarification. E. SDR-58~ - ROBERT B. RICNARDS SDR-583 Richards With no objection, Mayor Glennon referred to the Planning Committee Underground a request from Mr. Robert B. Richards for elimination of requirement Utilities for underground utilities as a condition of building site approval for one lot on Sebey Road. ~.~RATOGA CITY COUNCIL MEETING - October 20, 1965 F. C-90 - TOWN AND COUNTRY REALTY ~k. Hanley stated that this application for rezoning of property at Cox and Saratoga Avenues had been set for Council consideration at this time but th= he has been notified that the applicant has had a C-90 heart attack and requests deferrment until such time that he is Town and physically able to be present to discuss the matter. Country Realty The City Attorney indicated that this type of application cannot be put over for an indefinite period but that the Council can carry the item on the agenda. He pointed out that the ordinance provides that an applicant may not refile a rezoning application for one year from the time of Council action and that deferrment would hinder only the applicant and would not adversely affect the City. With no objection, Mayor Glennon referred this item to the agenda of the meeting of November 17, 1965. G~ SDR-566 - HELMUT WANKA SDR-566 Wanka - With Council approval, Mayor Glennon referred a request from Helmut Underground Wanka for deletion of a requirement for installation of underground Utilities utilities to the Planning Committee for investigation and recommendation. V PUBLIC HEARINGS - 8:50 P. M. A. AZULE HOMESITES IMPROVEMENT PROJECT - CONTINUATION OF PUBLIC HEARING Mayor Glennon announced that this was the time and place for continu- ation of the public hearing on the Azule Homesites Improvement Project and declared the public hearing opened at 8:50 P. M. The Clerk then read into the record the following written communica- Azule tions received at the City Clerk's office: Homesites Improvement (1) Petition of protest from 15 residents of De Sanka Avenue District (2) Petition of protest from 5 residents of Cherry Lane public (3) Protest letter dated 10/18/65 from J. Young, 12385 De Sanka Ave. hearing (4) Protest letter dated 10/18/65 from Mr. and Mrs. J. Young, 12385 De Sanka Avenue (5) Protest letter dated 10/17/65 from Walter Bamber, 12384 De Sanka (6) Protest letter dated 10/18/65 from Mr. and Mrs. J. A. Emerson, 12354 De Sanka Avenue (7) Letter approving district, dated 10/15/65, from Mrs. Gordon Gilbert, 20310 Sea Gull Way (8) Letter approving district, received 10/18/65 from Mrs. R. C. Greene, 12350 Goleta Avenue Two letters which were presented to the Clerk at tonight's meeting were then read by Mr. Hanley; protest letter dated 10/18/65 from S. E. Prescott, 12344 De Sanka Avenue, and protest letter dated 10/19/65 from Stephen Donnell, 12401 Ted Avenue. Mr. Hanley pointed out, with the aid of a map with protest areas colored, that the total protest area is approximately 47% of the total district area, representing 25% of the property ownerships. 75% of the 90 parcels of property are in the non-protest area. Mr. Hanley then read an affidavit from Walter Doyle regarding his analysis of the benefit to the area within the proposed district, summarizing with the conclusion that the market value of the property within the district would be increased by the proposed improvement to an amount exceeding the amount of the assessment levied. ~,~. Hanley reported that five bids were received on the paving portion of the project, ranging from a low bid of $100,420.20 from Wattis Construction Company, Incorporated, to a high of $118,094.60. The low bid is approximately 15% under the engineer's estimate for the project which was used as a basis for the original estimate for the assessment. Additionally, Mr. Hanley reported, sewer lines are to be installed, at the joint expense of the City a~ the Cupertino SARATOGA CITY COUNCIL MINUTES - October 20, 1965 Sanitary District, with no portion of the cost to assessment; Five bids were received on this portion~ ranging from a high bid of $18s406.98 to a low bid of $13~685o95 from Ebert and Spartan.. Mr. Hanley noted that the significance of submitting this material at this time is to indicate that, in terms of the actual low bids the original estimate of cost is approximately 15% lower, resulting in a reduction in cost of the assessment to the individual property owners of approxi- mately 15%. The Director of Public Works then submitted the ~gineer's Report on the project as revised in accordance with the bids received. Mr. Assafs representing the Bonding Attorneys~ indicated that the questions some of the protestants raised regarding the cost of tile project are answered by the actual low bid which reduces th~ total cost of the project to $126,900 of which $84,600 will be contributed by the City, leaving a balance to assessment cf $42,300 or $7,700 less than the original $50,000 estimated cost of the assessment. There being no other written material submitted since the last meeting, Azule the Mayor then asked if any one present would like to be heard ~omesites regarding this matter. Improvement . .. District B.T. Galeb, 204~0 Sea GullWay, stated that he had expected a ~etter from his attorne9 withdrawing his protest to the inclusion of parcels 110, 112, ].15 and 117, being assessments No,. 1, 55,56 and 90 respect- ively, and, in th~ absence Of this letter, he wished to persona!l~ withdraw his previous protest in the interests of mutual benefit to the area. Mr. Assaf advised that, as owner of the parcels in question, Mr. Galeb could orally withdraw his protest and that the withdrawal need not be in writing. The Director of Public Works noted that exclusion of these parcels from the protest area reduces the area of protest to 16%, representing 24% of the property ownerships° Jack Young, 12385 De Sanka and Walter Bamber, 12384 De Sanka, protested the inclusion of De Sanka Avenue within the district and were advised by Mr. Assaf that any property which benefits by an assessment district must be included for assessment. Mrs. Meryl Van Alstine, 20339 Sea Gull Way, suggested that residents of De Sanka be allowed to secede from the assessment d~ trict provided they do not drive on the other streets to be improved by the district. Mr. John Musser, 12401 De Sanka Avenue, requested that his name be withdrawn from the protest petition submitted by residents of De Sanka Avenue. George L. Hoffschildt, 12370 Ted Avenue, was informed, in answer to several questions, that the City Council dete~rines the area of benefit of a proposal and that Mr. Walter Doyle's appraisal was requested because one of the factors which the City Council must consider is the determination as to ~hether or not the district increases the value sufficiently to offset the cost. Also, the Clerk explained that for several years it has been the policy of the City to require sidewalks on major feeder streets leading to a school site and that verticle curbs and gutters are standard requirements for residential areas zoned R-l- 20,000 or less as these areas of higher density create greater drainage needs. Mrs. Maurtce Tucker, 20050 Winter Lane, who owns property at 12443 De Sanka, was informed that notice of public hearing was mailed to each property owner. as sho~n on the latest equalized assessment roll and that if she did not receive notice it was because she purchased the property since the last assessment roll was prepared and the prior o~;ner would have received the notice. The Mayor also suggested that Mrs. Tucker contact Mr. Stanley Walker relative to a complaint regardip~ disabled cars littering the area. SARATOGA CITY COUNCIL MEETING - October 20, 1965 Mr. Donnell, 12401 Ted Avenue and Mr. John Moohey, 12385 Ted Avenue, objected to the use of verticle curbs and gutters and urged the use of rolled curbs and gutters in areas other than those adjacent to sidewalks. In answer to FLrS. Perry of 20325 Sea Gull Way, Mr. Peter- son, 21170 Sea Gull Way, and Mro Donnell, the Director of Public Works advised that four foot sidewalks arc proposed along Sea Gull Way and that portion of De Sanka from Sea Gull to the school site; that the contractor will scarify the planting strip between the curb and sidewalk; screenings will be removed and the area backfilled to the curb. Also, Mr. Huff indicated that the City will plant trees wherc Azule needed but that maintenance of these trees will be the responsibility Homesites of the property owners. It is proposed that the entrance be maintained Improvement either by the Azule Improvement Association or by the Association in District conjunction with the City. Mr. Bamber asked if property would be purchased and Mr. Huff stated that except for two small strips that did not affect Mr. Bamber, all the improvements will be within the existing right-of-way. B. T. Galeb urged that every effort be made to have a left turn storage lane installed at Sea Gull Way on tItghway 9 and the ~yor directed the Director of Public Works tO contact the State with this request. There being no one else who w~shed to speak, it w~s moved by Council- man Drake, seconded by Councilman Hartman and unanimously carried to close the public hearing at 10:10 P. M. Res. 299 (1) Resolution No. 299 - It was moved by Councilman Drake: seconded Overruling by Councilma~ Hartman and unanimously carried to adopt Resolution protests No. 299, overruling protests on Resolution of Intention No. 229. Res. 300 (2) Resolution No. 300 - Councilman Drake moved, seconded by Council- reducing man Hartman to adopt Resolution No. 300, ordering reduction of assessments asseasments; motion carried unanimously. Res. 301 (3) Resolution No. 301 - It was moved by Councilman Drake, seconded Adopting by Councilman Hartman and unanimously carried to adopt Resolution Engineer's No. 301, adopting engtneer's report, confirming assessment and ordering report the work and acquisitions. Res. 302 (4) Resolution No. 302 - Motion was made by Councilman Drake, seconded Awarding by Councilman Hartman and carried unanimously to adopt Resolu- Bid tion No. 302, awarding the contract to the low bidder, Wattis Construction Company, Incorporated. Re,. 303 (5) Resolution No. 303 - It was moved by Councilman Drake, seconded Designating by Councilman Hartman and unanimously carried to adopt Resolution collection No. 303, designating collection officer. officer Recess: 10:15 P. M. Reconvened: 10:35 P. M. (6) Contract for sanitary sewer work in Azule Improvemen~ District Area Sanitary sewer work It was moved by Councilman Hartman, seconded by Councilman Drake Contract and unanimously carried to award the bid for the sanitary sewer work to be installed in conjunction with the Azule improvements to the low bidder, Ebert and Spartan Construction Company and to authorize the Mayor to execute the contract with the Company, subject to execution of the joint exercise of powers agreement by Cupertino Sanitary District. -6- SARATQGA CITY COUNCIL ~ETING - October 20, 1965 B. c-91 - CLAPA SI~MPER C-91 Mr. Hanley reported that this is an application to fezone approximately Clara 5.21 acres located on Anza Drive from A to R~jlol2,500 and that the Stamp~r Planning Con~nission recommends that the reaching be approved. Mr.. · Walker stated that the proposed rezoning complies with the General Plano Mayor Glennon declared the public hearing opened at 10:40 P. M. and directed that the Planning Commission file No. C-91 he introduced as evidence. No one present responded to an invitation to speak regarding this matter and it was moved by Councilman Hartman, seconded by Councilmen Burry and carried unanimously to close the public Ordinance hearing at 10:45 P. M. The Mayor directed the record to indicate NS-3-ZC-30 that Ordinance No. NS-3-ZC-30 was introduced. VI ADMINISTRATIVE MATTERS A. MAYOR Chamber of Mayor Glennon announced that it is a new policy of the Chamber of Commerce Commerce to have ~resent a representative to audit the maetings of Represent. the City Council ~nd that he is pleased to note this addition to the present interest evidenced by the representation Of the Planning Commission and Good Government Group. B. FINANCE Bills (1) It was moved by CoUncil~an Drake, seconded by Councilman Burry and unanimously carried to approve the disbursements on the list dated October 20, 1965 for a total. amount of $11,822.i9 and authorize that warrants be drawn in payment. Finance (2) The Treasurer's report and the City Clerk's Financial report reports for the month of September, 1965 were submitted and accepted. C. COUNCIL CO~IITTEES (1) Councilman Hartman reported that the Planning Committee reviewed, with the Subdivision Committee, a request from Mr. Carl Dozier~ C-55 C-55, for an extension or elimination of the condition requiring Dozler construction of the structure to house a restaurant use on the Extension Saratoga Inn property by the previously extended time limit of October 17, 1965. After extended discussion, Councilman Hartman reported, the Planning Committee recommends that Condition 2 of Ordinance No. NS-3-ZC-16 be amended to require commencement of construction within three years. Ord. NS-3-ZC-16-A The Clerk indicated that subsequent to the joint Flanning Committee- Subdivision Committee meeting, the Planning Commission, in accordance with the zoning ordinance, considered the Subdivision Committee report and adopted the recommendation that Comditlon 2 be amended to provide that construction of the structure to hones the restaurant use shall be commenced no later than October 17, 1968 and shall be completed within 18 months after date upon which construction commences. Mr. Henley :ead Ordinance NSo3-ZC-16~A, incorporating this recommendation, and Councilman Hartman stated that the Planning Committee recommends introduction of this ordinance as read. Mr. Kenneth Malewoe, attorney representing the applicant, spoke in favor of extending the time limit, citing the need for as near as possible permanent scning for the purposes ef financial hacking for the project. He indicated that it is the intent of the applicant to proceed with the development as soon as possible. Councilman Drake expressed his reluctance to approve any further extension and noted that although he will not oppose the extension he wishes the record to clearly indicate that it is the intent of the applicant to proceed expeditiously with the restaurant construction. Mayor Glennon directed the record to indicate that Ordinance NS-3-ZC~16-A was introduced as read, SARATOGA CITY COUNCIL MEETING - October 20, 1965 Bids - (2) It was moved by Councilman Tyler, seconded by Councilman Berry roller and carried unanimously to authorize the City Administrator to advertise for bids for a new roller for the street maintenance crew, this item having been included in the 1965-66 budget at an estimated cost of $7500. D. DEPARTMENT HEADS AND OFFICERS (1) The City Attorney reported that, as requested some weeks ago, San Jose he wrote to the Public Utilities Commission regarding the San Water Works Jose Water Works-City Of San Jose fluoridation question and that fluoridation although be has not yet received the reply which Mr. Grover's hearing secretary indicated would be forthcoming, he had notice that a new hearing has been set for November i0 at the Board of Supervisors Charabets. Mr. Johnston asked if the City Council wishes to take a position regarding the matter at that time or state any opposition to any attempt to fluoridate Saratoga water without a vote of the people. Councilman Hartman stated that he felt the City Council would be remiss if it failed to take some action regarding the question of the right of a vote as to whether Saratoga residents want or do not want fluoridatlon. Councilmad Drake stated that he did not feel the City has any JUrisdiction in the matter and should teke no position and that, in any event, he did not think it possible f6r the San Jose Water Works system to be broken up by separate juriSdictiuhe and therefore any attempt to distinguish Saratoga water users from those comprising the area ~elwed by the water works would be impracticable. Councilman Berry suggested that if other ]urisdietion~ inVOlved insist on the right of a vote then maybe the PUt would agree to a vote of all the persons served by the system. Councilman Tyler agreed that it does not seem feasible to break the system up but that he felt it should be a matter of voting right of all the members of the system. Mayor Glennon suggested that he be authorized to write to the PUC to the effect that while the City Council wants to take no position on the question of fluoridation, the City does think that before the matter i8 imposed on the people of the courtunity that a vote of all the people within the system be taken. After discussion the City Council concurred that the Mayor ~rite a letter to the PUC as outlined and the City Attorney send a representa- tive to the hearing to appear in support of the Council's position. (2) ~. Huff reported that plans were included in the Saratoga Avenue project for a storm drain system on Saratoga Avenue to drain Saratoga Avenue from Fruitvale Avenue to Ranfre and Fruit- Saratoga vale Avenue from Wildcat Creek to Saratoga Avenue and that this portion Avenue of the storm drain system was included primarily to avoid tearing up drainage the improvements in the future and it was intended ~ seal off the system system until needed but that after review it is now the recommendation that this system be extended to the creek to provide positive drainage for the area at this time. The cost, the Director of Public Works ~ stated, would be approximately $i0~500 and he suggested that plans be prepared so the contractor can give a precise price for the work. The system will serve an area of approximately 32 acres and the current subdivision ordinance provides for recovery of the cost of the system by charging pro rata shares of the cost against property in the area as it develops. Mr. Huff indicated that the system would drain the Sara- toga Avenue improvement and take the Fruitvale Avenue runoff, The City Attorney advised that although the City does not have a du~y to build a drainage system once it does so it does have e responsi- bility to continue the system to the nearest drain outlet. With no objection, ~yor Glennon referred.the matter to the Public Welfare Committee for investigation and recommendation. SARATOGA CITY COUNCIL MEETING - Octoher 20, 1965 E. CITY ADMINISTRATOR Highway 9 (1) Mr. Hanley called attention to a communication from the Pathway Planning Commission regarding the Construction of a pathway along the east side of Highway 9 from the Plaza to the High School and, with no objection, Mayor Glennon directed the City Administrator to survey the area involved and prepare an estimate of costs involved for land acquisition and construction. Bids - (2) It was moved by Councilman Tyler, seconded by Councilman Burry Street and unanimously carried to authorize the City Administrator to Patching advertise for bids ~or the maintenance department street patching truck truck which was budgeted. (3) Councilman Hartman reported that the Planning Committee has reviewed the Landscape Architect's plans for the Civic Center Civic and think it a desirable plan but does have a question regarding Center the d~sir~ollity of including a pool segment as an alternate for bidding. Landscape An alternate plan for this portion has been suggested ands after brief Plans discussion, the Council agreed that the alternate plan should be prepared for consideration. Councilman Hartman pointed out that although landscaping normally costs around 10% of the amount of capital investment, the plan to date is estimated to cost between $20,000 and $22,900. VII COI~IUNICATIONS A. WRITTEN (1) Request from Cupertlno Sanitary District that City consent to formation of assessment district within the City and construction of sanitary sewer mains in,City streets. Cupertino Sanitary The City Clerk generally described the boundaries of a proposed District Cupertino Sanitary Assessment District and reported that property request owners within the proposed district have petitioned for the forma- for formation tion of the assessment district. of district. The Mayor directed the record to indicate that Councilman Hartman left the meeting at this time; 11:47 P. M. 1-~. Henley stated that approximately a year ago, when the petition for formation of the district was initially circulated, he had received a letter from Mrs. Marshall Hall, setting forth reasons for objection to inclusion within the district and requesting notification when the matter came up for Council consideration. Mr. Jack Fleming, engineer of the Cupertino Sanitary Distriet~ introduced the members of the District Board and the Distriet's attorney~ Mr. Sam Anderson. Mr. Fleming explained the background of this request for permission to form an assessment district and construct sanitary sewer mains and stated that it involves approxi- mately 225 acres and that the petitioners for the district represent 71.61% Of the area involved. He noted that this area would complete the necessary area left after the formation of several other districts in adjacent areas which have been formed during the past several years. Mr. Fleming reported that at its meeting tonight the Board passed a resolution of intention to set up the district and a reso- lution requesting City approval of the formation of such a district. If approved, Mr. Fleming estimated that construction would begin in nine months. Pk's. Diemet, Wardell Road~ asked several questions regarding the proposed district boundaries and was told that the proposed district included that portion of the Wardell Road area that was not yet sewered. Marshall Hall protested the inclusion of his property in the proposed district and stated that because of lack of access it is not possible to develop his property and therefore the property would not benefit by the improvements. SARATOGA CITY COUNCIL MEETING - October 20, 1965 1,~yor Glennon asked if this district was proposed because: 9f a health problem and Mr. Fleming indicated that it was not and that it was requested on a voluntary basis for the installation Of sewers in aU area that is presently served by septic tanks. Mr. Fleming stated that the petition for formation of the district was signed by' 19 of 55 property owners, representing approximately 307' of the ownershipS. After discussion the Council agreed that the matter should be given further study and x,ztth the approval of the Sanitary DistriCt repre- sentatives and of Mr. Hall, Mayor Glennon referred the item to the Policy Committee. Fir, Hall advised that his interest will he represented by Mr. George Bonney of 12740 Carniel Avenue. (2) Mr. Ranley referred ~o a letter from Saratoga Fire District Plaza area Commissioner Baker McGinnis and indicated that he.will inform plans - Mr. 14cGinnis of the City's plans for the triangular pardel of land fire station located across from the plaza and adjacent to the fire Station. Mr. Hanley noted that the Fire District is concerned about the plans for this area and that it is the intent of the City to submit the plans to the district for Study and consideration as soon as they are available. Youth ~3) The Council acknowledged.a letter from l~rs. Butera regarding Center the appointment of Councilmen Drake and T~ler to ~he Youth Committee Center Committee. Chamber of (4) Mr. Hanley announhed that the Saratoga Chamber of Cqmmerce has Commerce extended an invitation to the CoUncil to attend its annual meeting to Meeting be held October 26 at the Council Chambers, B. ORAL Mayor Glennon acknowledged, with pleasure, the presence of Planning Commissioner Cowley, Good Government Group representative Mrs. Parker and Chamber of Comerce representative Donald Bush. VIII AD3OURNMENT It was moved by Councilman Burry, seconded by Councilman Tyler and unanimously carried to adjourn the meeting at 12:15 A. M. Respectfully submitted, -iO-