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HomeMy WebLinkAbout08-21-1968 City Council Minutes : SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: Wednesday, August 21, 1968 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 F~uitvale Avenue, Saratoga, California TYPE: Regular Meeting I ORGANIZATION A. ROLL CALL Present: Councilmen Sanders, Smith, Dwyer and Tyler ABSE~I~: Councilman Robbins B. MINUTES Mayor Tyler called the meeting to order at 7:40 P.M. Minutes 1)Gity Administrator Huff referred to his memorandum ~ August 20, 1968 asking that the Minutes of the August 7th meeting be corrected to add the following sentence to the fifth paragraph under Item V, A, Verde Vista Improvement Project: 'The complete text of MF. ~hook's report, as presented, is shown in 'Exhibit"A" attached", as 'advised by Mr. Assaf of the bonding attorneys, Wilson, Jones, Morton and Lynch. 2) Mayor Tyler asked that the Minutes also be amended on page 8, para- raph ~,lYnes~5-6, to delete the phrase "~.t'~h'iS~ti~' from the statement * to waive the reading". Mr. Smith moved approval of the Minutes~ of the meeting of August 7 as amended, Mr. Dwyer seconded, and the motion carried unanimously. II BIDS. AND CONTRACTS A. SARATOGA CAMPUS ASSESSMENT DISTRICT - CHANGE ORDERS 16, 17, 18 City Administrator Huff asked for approval of Change Orders No. Saratoga 16, 17 and 18 for the Saratoga Campus A~s~ssment District. He explained Campus the orders as follows: Assess. Change Order No. 16 would permit removal of a stump and deteriorated District tree not previously scheduled for removal, and for installation of Change an underground sewer lateral to avoid a future pavement cut as agreed Orders with the property owner, Mr. Fry. Mr. Fry or his successors would 16, 17 & reimburse the City for the $300.00 cost when the lateral was connected 18 to the sewer. Total cost of Change Order No. 16 would be $495.00. Change Order No. 17 would permit remov~al of unsuitab]~ native ground material below the Fruitvale Avenue subgrade grading plane, to be replaced with suitable imp~zted material, to correct an unantici- pared underground soil condition. Cost of Change Order No. 17 would be ~450.OO Change Order No. 18 would permit installatign of an underground telephone line to the. 'Carlson house' to comply with undergrounding of utilities on the site. City Attorney Johnston stated that documentation of the reim- .b. ursement agreement regarding the Fry parcel was in order. Councilman Smith moved, Councilman Sanders seconded,~pproval of Saratoga Campus Assessment District Change Orders No. 16, 17 and 18, and the motion carried unanimously- B. AGREEMENT WITH PG&E FOR INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC FACILITIES, SARATOGA CAMPUS ASSESSMENT DISTRICT Mr. Huff asked that the Mayor be authorized to agreement which w~uld permit extension of underground electric C.j 'tZ.;.:' :"/. :'. '?"3:. , .~. ,','. " ': ,'-' distribution facilities to the college campus to the location shown Agreement on Exhibit "A", and that the work would be accomplished at no cost with PG&F to the City but to the Assessment District. re under- ground Mr. Smith moved, and Mr. Dw~r~seconded.~t.lpat the Mayor be authorized facilities to exec~tent~ the agreement with the PG&E to install the facilities on Sarato- as described in the agreement, and the motion carried unanimously. ga Campus C. AGREEI~NT WITH VALLEY TITLE COMPANY - PROVISION OF PARKING SPACES, ASSESSENT NO. 13, VILLAGE R~RKING DISTRICT NO. 1 Mr. Huff explained that this agreement would permit the property owner to construct required parking spaces, which might ~dinarily Agreement be done by the District, and that the number off spaces was 14; this with Valley agreement was'similar to one previously worked out, whereby the owner Title Co. did the work, and that the required ratio of parking area to square re parking footage of the building woul'~l.~e unchanged. Mr. Tyler commented that spaces, the problem was related to an'indecision on the location of the ].r~ Assess- building, and Mr. Huff added that the agreement would not affect ment No.13 distribution costs to other participants in the District. Village Parking Mr. Smith moved that the Vice~ayor be authorized to sign the agree- Dist. I ment with Val~ y Title Company regarding parking spaces, Essessment No. 13, in Village Parking District No. l, Mr. Dwyer seconded the motion, which carried. Mayor Tyler abstained from voting on the agreement and motion. D. VERDE VISTA IMPROVEMENT PROJECT - CHANGE ORDER NO. 1 Petition re under- Mr. Huff said that the petition for reconsideration of a portion of grounding the properties to be included in the Verde Vista Improvement Project on Verde No. l, called for no action at this time,as no change order is needed. Vista Imp. Mr. Tyler said that it would be appropriate to move on to the Project next item on theagenda, since no action was required. E. AGREEMENT FOR SOILS ENGINEERING SERVICES Agreement City Administrator Huff explained that the proposal f~r soils for soils engineering services submitted by Soil Mechanics and Foundation engineer- Engineers, Inc. according to the fee schedule attached was in accord ing with the needs Of the City f~ provision of technical and enf~ ce.- services. ment services related to administration of the grading ordinance. The contrac~twould be prepared by the city attorney to include prohi- bition of the engineer from performing work in Saratoga f~ private clients, and to provide that the engineer would be acting as an agent of the city,to be in effect a deputy building inspector, to per~o~in~ inspection and supervising grading on building sites. Mr. Huff stated that of proposals received from six soils engineering f~rms, the proposal submitted by Soil Mechanics Foundation Engineers, W~ld most nearly meet the city's requirements. The services would provide a more efficient, effective control of grading and excavation work, and relieve the burden of the Chief Building Inspector. The costs would be based on a time and materials bale, and was not a lump sum price, and that the cost would be passed to the developer or indviduals who benefitted. Approximately $10,000 had been allocated in the 1968-69 budget toward this purpose. Mr. Smith moved that the recommendations numbered l, 2, 3 and 4, as contained in Mr. Huff's memorandum to the Council be approved by the Council; Mr. Sanders seconded the motion., which carried unanimously. IIIi PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. SDR-186-2 - RESOUTION ACCEPTING DEDICATION OF RIGHT OF WAY Mr. Huff explained that the Planning Commission had recommended acceptance of the offer of the right of way from MrS. J.E.Denney, - 2 - affecting a small cul de sac turnaround on Westcott Drive. Nr. Smith moved adoption of the resolution No. SDR-186-2, ~r. Dwyer seconded, and the resolution was adopted unanimously. B. SECOND READING - ORDINANCE NS-3.16 - CHANGING C-S CON~,~ERCIAL SERVICE DISTRICTS TO C-V VISITOR CONERCIAL DISTRICTS, PROVIDING NEW AND DIFFERENT USES AND REGULATIONS THEREFOR, AND BY ANENDING SECTION 1.6 AND lO.5(a) OF SAID ORDINANCE Adoption of Ord. No. City Attorney Johnston noted that Nr. John Hayes, representing . NS-3.16, Dr. Oliver was in the audience, that an auto accident had prevenhed establish- Mr. Hayes from appearing at the time of the public hearing, and that ing C-V he ~would like to be heard on the matter. visitor commercial In the absence of objection, Nayor Tyler asked Mr. Hayes tb spes, k. districts Mr. Hayes said that the zoning change would affect use of a relatively new building constructed for about $60,000, and intended for use under the terms of the commercial services classification zoning. He said that h~ s client was asking fc~ aareasonable amortization period before invocation of the 9G-day abandonment of use clause. Mr. Johnston explained that abandonment or discontinuance of a nonconforming use over 90 days would means loss of that use, but that any uses now in effect could be continued until such abandonment~ and the~ the use.of the ~p~rticular premises would have to be changed to a conforming use as provided in Ordinance No. NS-3.16. Nr. Smith moved adoption of Ordinance No. NS-3.6, Nr. Sanders seconded, and the motion carried unanimously. C. ORDINANCE NO. 19-K - AN ORDIANCE FIXING THE AMOUNT OF REV~ENUE Adoption of NECESSARY FOR THE ~UPPORT OF THE DEPAt~ENTS OF THE CITY OF O'rd. 'No. 19-K SARATOGA FOR THE CURRENT YEAR AND TO PAY ANY BONDED OR OTHER fixing amount~ INDEBTEDNESS OF THE CITY, AND FIXING THE AMOUNT OF REVENUE FOR for support SCL LIGHTING DISTRICT l, A~ULE LIGHTIRG DISTRICT, AND QUITO of Lighting LIGHTING DISTRICT. . Districts- SCL l, Nr. Huff explained that this was a routine matter to assure amounts Azule, & equal to those listed in the budget, f~ the items given in the Quito or, di~ance title. ~r. Smith moved adoption of Ordinance No. 19-K, Mr. Dwyer seconded, and the ordinance was adopted unanimously. D. RESOLUTIOI~ NO. 32-K - RESOLUTION FIXING TAX RATES FOR GENERAL Adoption of ~P~PERTYSTA~ES NECESSARY' FOR~ GENERAL PROPERTY TAXES, SPECIAL Res. No. ASSESSENT DISTRICTS SCL DISTRICT NO. l, AZb'LE LIGHTING DISTRICT -32-K, AND QUITO LIGHTING DISTRICT. fixing tax rates- general Mr. Huff noted that the general City tax rate of ten cents would City & remain unchanged, and that there were some reductions in the rates special assessed to the special lighting districts listed in the resolution. lighting districts Mr. Smith moved, and Mr. Dwyer seconded adoption of the Resolution No. 32-K, and the resolution was adopted uanimously. E. ORDINANCE NO. ~38.21 - AN ORDINANCE OF THE CITy OF SARATOGA ADDING DIVISION 2.5 TO ARTICLE I OF CHAPTER 8 OF THE SARATOGA ~ITY CODE ELATING TO ANINAL T~AINTENANCE. Nr. Johnston explained that this o~dinanee was a companion to Ordina'nce No. NS-3.15, to be heard later in the agenda, that it required ~o public hearing,aandhthatil.there was no conflict with the changes in the County ordinance pertaining to animal n~intenance. He said'that the county would not enforce the ordinance, and that probably it would be done by Planning Director Walker, as it would be in accord!with the zoning ordinance. - 3 - Nr. Sanders moved adoption of Ordinance No. 38.21, Nr. Smtth seconded, and the Ordins~nce was adopted unanimously. F. RESOLUTION NO. 451 - A RESOLUTION OF THE CITY OF SARATOGA APPROVING Adoption BUDGET FOR THE VITL&GE PARKING ~INTENANCE DISTRICT NO. I AND of Re~. No. FIXING TAX RATE FOR THE YEAR 1968-1969 451, - budget for Village Nr. Huff explained that this resolution had been prepared by Prking the bonding attorneys in relation to the Village P, arking District, that Diet. No.1 it set a tax rate of $2-05 for each $100 of taxable property in the Dis- & fixing trict to cover maintenance costs for the sum of $3,120 for land- tax rate scaping, surfacing, and other maintenance services as requireQ He said the tax rate could be expected to drop as assessed valuation rose with more development. Mr. Smith moved adoption of Resolution No. 451, Mr. Dwyer seconded, and the motion carried, with Mr. Tyler abstaining. G. RESOLUTION NO. 399-2 - RESOLUTION OF THE CITY COUNCIL OF SARATOGA Sept. 4 CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, set as HEALGH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND dat~ for UTILITY DISTRICT ON THE NORTH AND SOUTH SIDE OF VERDE VISTA LANE public HeAr-BETWEEN SARATOGA-SUNNYVALE ROAD AND TRACT 3942. ing on Verde Vista Mr. Huff said that to set up this public hearing would be in Lane response to the petition contained under item II-D of this agenda, undergnd for reconsideration _el certain properties within an underground utility utility district on the north and south sides, Verde Vista Lane, district that such district would not be an assessment district as such, but a district as required by the PUG to permit use of Rule 20. He added that there would be a charge to owners ~to?hookup lines, , and that the PG~E did not expect to do the work until next year, a timing which woul~ permit utilizing the balance of this year's funds plus next years for the PG&E allocation to the City. Mr. Huff said that it would be appropriate to set a public hearing' foF the next .regular meeting of the Council, on September 4th. Mr. Sanders moved that September 4, 1968 be set as the date for a public hearing on Resolution N~. 399-2, Mr. Smith seconded, and the motion carried unanimously. IV. SUBDIVISIONS, BUILDING SITES A~D ZONING REQUESTS A. SDR-764 - REQUEST FOR ELIMINATION OF CONDITION B OF BUILDING SDR-764, SITE CO~,~ITTEE REPORT - SARATOC~ F~DOTHILL DEVELOPMENT CORP. referred to Mr. Huff explained that Condition B of the report requiring posting planning of a long ~rm 'bond or cash deposit'to guarantee improvement of Sara- Committee toga Avenue to provide full half-street iml~ovements in conformance for study with Saratoga Avenue Plan Line, and that there was a time-element involved, in that the bond might go on for 30 years, and also the plan lines were incomplete. Without objection, M~yor Tyler ~r~ferred the request to the Planning Committee for study. B. SDR-763 - REQUEST FORECONSIDERATION OF CONDITIONS FOR BUILDING SITE OF C~YLEN L~EISH~N ON PANELA WAY SDR-763 Mr. Huff explained that Mr. Leishman was askirg f~ra~waiver to waiver of place underground utilities on his building site, the last lot on undergrid a street that was otherwise fully developed, with other lots having utilities overhead utilities. Nayor Tyler commented that such waiver would be require- in line with the policy established by the Planning Committee. ment Mr. Smith moved, and Mr. Dwyer seconded that a waiver be given Mr. Lei~hman, releasing him from the requirement to install under- ground utilities on his Pamela Way building site, and the motion carried unanimously. - 4- C. SDR-721 RELEASE OF PORTION OF BOND, RAY E. BIEBER, PIKE ROAD SDR-721 Mr. Shook explained that he ~ecommended release of $4,000 of the partial $6,000 savings certificate of assi'gnment, but that the full street release of improvement in front of the lot was still incomplete, and he recom- bond, R.E. mended retention of $2,000 tolinsure satisfactory completion. Bieber, Pike Rd Mr. Sanders moved, and Mr. Smit~ seconded that. the $4000 portion of the~ond be released to Mr~ Bieber, and that the balance of $2,000r~[ retained until the work was completed, and the motion carrie~l~lani~ously.. D.-RESOLUTION NO. SD-75A-1 - APPROVING FINAL MAP OF TRACT 'NO. 4548 GEORGE DAY COMPANY, FARWELL AVENUE SDR-754-1 Mr. Huff stated that t~e developer had met all ~onditions of map granting approval with three small exceptions as listed in the resolution, final map and that he was recommending adoption of the resolution. He added approval- that this development on Farwell Avenue would be the second de~vel- Tract No. opment to pay the park fee. 4548 Farwell Ave. Mr. Smith moved adoption of Resolution No. SD-75#-l, Mr. Sanders seconded, and the motion was carried unanimgusly- V. PUBLIC HEARINGS A. C-115 - PUBLIC HEARING ON APPLICATION TO REZONE FROM "A" (AGRI- CULTURAL) TO "R-.1-12,500" (SINGE FAMILY RESIDENTIAL) APPROXIMATELY 47 ACRES FROhTING ON THE NORTH SIDE OF COX AVENUE BETWEEN SARATOGA C-115 CREEK AND DARIEN WAY. rezoning of 47 acres Mr. Huff said the file contained a letter from Edwin Cox asking on Cox Ave. for exception of a garage site from the final map for the development from"A"to proposed by Brown and Kauffman, and the r~ommenda~ion of the__Plan- R-l-12500 ning Commission on the matter, and his recommendation that re~oning be denied unless applicantsagreed to remove the garage. Introddction Nayor Tyler declared the public hearing open at 9:05 of Ord. No- NS-3-ZC-#5 Mr. Huff stated that the subject rezoning was recommended by the Planning Commission, subject to the removal of the non-~onforming C-115 garage structure through legal nonconforming use procedures. referred Mr. Walker ~aid the City had never embarked on removal procedures, to Plan- although it was 35 years since the date of construction of the garage. ning Comm. and Oublic Mr. Rose, representing the developers,said there was a time element hea~ing involved, and they would appreciate action on the application, that continued Mr. Cox, if permitted tO keep the garage operated by his son, would to next landscape around it, so that its presence would not be objectionable, regular and that th~ three lots occupied by the garage structure would at meeting some future date be built upon as regular residential lots structures, conforming to the rest of the development. Finding that ~here were many questions still to be answered regard- ing the garage removal problem, Mayor Tyler, without objection, directed that the Ordinance No? NS-3-ZC-4~ to rezone be introduced, that Application C-115 be referred to the Planning Committee for study and recommendation, andlthat the public hearing be continued to the next regular Council meeting. B. ORDINANCE NS-3.15 ~ AN ORDINANCE AMENDING ORDINANCE NS-3, THE ZONING ORDINANDE OF THE CITY OF SARATOGA, PROVIDING FOR CERTAIN SMALL ANIMALS AS PETS IN RESIDENTIAL DISTRICTS Mayor Tyler opened the public hearing at 9:25 P.M. Mr. Huff read letters from residents on that part of the ~ dinance pertaining to keeping cats and dogs, expressing opinions both pro and con on ~ ashing and control of such pets. The Nayor asked if anyone wished to spe.ak on the matter from the audience, but there were none, Mr. ,Smith moved to close the public hearing, Mr- Dwyer seconded the motion, and the public hearing was closed. - 5 - Councilman Smith said that the Public Welfare Committee ~as recomme~di~ng adoption of the ordinance with the deletion of the reference to dome stic cats, and that the following be inserted as the second paragraph of subsection (g)'under S&ction 1 of Ordinance NS-3.15, to readia~ foltows: "Domestic cats, in reasonable numbers, so long as said domestic cats are maintained unfier the control of the owner." Mr. Smith added that the recommendation was being made in reference to the nature of cats and correspondence he had received, and that the change would take cats out of the leash-heel concept to the category of reasonable control. Adoption of Mayor Tyler commented that the effectiveness of the ordinance Ord. No. depended upon its enforcement, and if it. proved too harsh, the ordinanc~ NS-3.15 could be changed. ~ as amended in subsect.! City Attorney Johnston stated that since it came under zoning (g) under requirements, enforcement would be up to the Planning Director. Section i Mr. Walker commented that the ordinance would provide a tool tO allow types of pets as listed, within some reasonable restrictions. Mr. Smith moved adoption of Ordinance No. NS-3.15~ asamended in subsection (g) under Section I, Mr..Dwyer seconded, and the ~ordinance was adopted unanimously. C. PUBLIC HEARING ON APPLICATION TO R~ZONE FROM "R-i-40,OOO"(SINGLE FAMILY RESIDENTIAL) TO "R-1-20,O00" (SINGE FAMILY RESIDENTIAL) APPROXIMATELY TWO ACES ON ALIZNDALE AVENUE BETWEEN PORTOS DRIV]E AND DOLPHIN DRIVE. Mr. Huff said that while the public hearing had been duly noticed in the newspaper, notices to all residents within 500 feet had not Introduc- been mailed. He added that the City Attorney advised that the .tion of Ord.public hearing could be opened, the application could be introduced, No. NS-3- and the public hearing be continued to allow full public expression, ZC-45 on Ordinance No. NS~3-ZC-4~ to fezone. to fezone Mayor Tyler declared the public hearing open at 9:40 P.M., and inthe absence of objection, declared the apDlication f~ rezoning public introduced, and the public hearing continued to the next regular hearing meeting of the Council, for discussion of the application to rezone. continued The Mayor acknowledged the presence of Planning Commissioners H.J. Kraus~ and Philip Lively at the meeting. VI ADMINISTRATIVE MATTERS A. MAYOR (1) Mayor Tyler appointed Planning Commissioner H.J. KraUs~ to tbs Planning Policy Committee. (2) Mayor Tyler said that on items that might be coming up for discussion by the Council, he was asking Mr. Huff to use his own discretion as to whether any particular item should be ~eferred to a committee of the Council before general listing on the agenda, and that this action would Save time and expenses. (3) The mayor read a letter from the Marine Reserve Assistance group asking that he sign a p~oclamation in aid of their program helping needy Vietnamese. After some discussion, regarding City policy in such matters, Mayor Tyler, in the absence of objection, asked Mr. Huff to respond to the group regarding City policy denying publication of proclamations or similar requests received from many applicants. -6- B. FINAIdE (1) Payment of Claims Nr. Shook explained that Warrant No. 9958 was requested for payment of a refund to Saratoga Foothills Development Co. as for oversize and out-Of-tract s%orm drainage fee credit, Tracts No. 4300 and 4301. Bills Nr. Smith moved that the Nayor be authorized to sign warrants for disbursement of $99,779.26 in payment of burrent bills, Nr. San- ders seconded, and the motion carried unanimously. (2) City Clerk's Financial Report ~r. Dwyer complimented Nr. Huff on taking advantage of maturation of time rates deposits, which were still 5-7/8 at time of redeposit. (3) City Treasurer's Report 'The Councilmen read the report without comment. C. COUNCIL CONNITTEES AND REPORTS (1) Nr. Smith read the recommendation of the old Public Welfare Committee regarding applicants for the franchise to provide CATV Award of service, in Saratoga, stating that after careful review of some six CATV such proposals, it was the recommendation of the Committee that franchise Teleprompter be awarded the franchise. to Mr,~ ~D~yie ~arman, r.~.epresenting one of the other C~TV companies Telepromp- submitting proposals, asked reconsideration of the proposal of his t~r group, ~llf~-~-.~le?TV!-~ Corporation on the basis of an amendment submitted, even though it had been introduced after the deadline date for submittals. Hestated that his rate would be lower than that of Teleprompter, calculated over a period of time. Mr. Smith said all proposals had been carefully studied, and the recommendation was made on that basis, and that the Committee recommended that the City Attorney be instructed to prepare a franchise awarding the Saratoga CATV francrise to Teleprompter on the basis of the proposalsubmitted. He added that consideration had also been given to the possibility of combining with Monte Sereno and Los Gatos in possible cost reduction, if some use in common of certain facilities could be arranged.. Nr. Smith moved that the City Attorney be directed to prepare an ordinance for a franchise awarding the City's CATV franchise to Telepromptor on the basis of their proposal. Mr. Sanders seconded the motion, which carried unanimously. (2) Mr. Smith reported from the Public Welfare Committee regarding Dr. Hardy's appeal from the decision of Chief Building Inspector Harris Denial of requiring an openable window in every sleeping room, and that there Dr. Hardy's had ~pparently been some misunderstanding or breakdown in communication appeal that had led Dr. Hardy to install fixed windows in these rooms, of which there were three, against code requirements. Mr. Smith moved adoption of the Committee's report, Mr. Dwyer seconded, and Dr. Hardy's appeal was unanimously denied. (3) Mr. Sanders reported'the findings of the Planning Committee Neale~s on Mr. Clarence Neale's request that Neale's Hollow be automatically Hollow re- included in the new C-V ordinance zoning, and that it was the Com- zoning to mittee recommendation that the question be referred to the Planning C-V refer- Commission for consideration. red to Mr. Sanders moved acceptance of the Planning Committee's Planning recommendations r~garding Neale's Hollow, Mr. Dwyer seconded, and · Commission the motion carried unanimously. (4) Nr. Smith reported on the Public Welfare Committee's recommendations that the staff be authorized to file a notice of completion for Village Parking District No. l, and that the penalty per da~ -7- assessment 6f $50.00 for failure to complete the work on time, amounting to $10,9~0 be imposed on the Copenhaver Construction Company, and that Palo Alto L~ndscaping Company be relieved from the 45-day maintenance period, since the planting was satisfactory. Notice of completion, Mr. Smith moved acceptance of the recommendations so listed Village by the Public Welfare Committee'regarding Village Parking District Parking No.l, Mr. Dwyer seconded, and the motion carried unanimously. Dist. No. I (5) Wildwood Park Lake After reading the letter from Councilman Robbins on the Wildwood results Of the meeting with the County Flood Control and Water Pa~k Conservation District regarding location of a lake within Wildwood Lake Perk, the Councilmen studied a map showing possible locations of referred the creek channel within the Park, and other aspects of lake develop- ~o Plan- ment, including The problems of the pump installation and tax. .~ing Mayor Tyler abstained from the discussion. Comm. The Mayor' directed that the problem be referred to the Planni~ Committee, and that 'the City Attorney research the water rights. D. DEPARtmENT MEADS AND OFFICERS (1) Mr. Walker said he had received a letter regarding an accessory building proposed to be constructed by Mr. Kaiser on H~rae Drive, and that the permit would be issued since the construction would lie within ordinance requirements, but that a neighbor, Mrs. Ross, on Pepper Lane was asking the Council to intervene, regarding possible deed restrictions. Without objection, the Mayor directed the City Attorney to research the matter, and consult Mrs. Ross' attorney. (2) City Attorney Johnston stated that all his reports were in writing. (3) Public Works Director Shook said he had nothing to report. E. CITYADMINISTRATOR City-wide Recreation (1) Mr. Huff said that the Council Planning Committee had not & Hakone completed its work on the problems involved in making recreation p~grams Gardens a~ai~8 to residents of all areas of the City, and it might be sent to ~ppropriate to refer the matter to the Parks and Recreation Commission. Parks & Without objection, Mayor Tyler asked Mr. Huff to refer this Recr. and the question of Hakone Gardens to the Commission. Commission (~ Mr. Huff asked that the proDlem concerning disposition of advertising throwaways be refe~E~dto the Policy Committee, and in the ~bsence of objection, the Mayor so directed. VII. CO~UNICATIONS A. WRITTEN (l~)Ma~o~ Tyler noted an inquiry regarding the parade route for this ye~r's Festi~al~ i~h~.~tob~e.~id~,i~he ~Nsyo~~d~h~,s~f to ~en~y ~.n~U~i~S~r~re~Ectu~st~s~hambe~ of Commerce. (~) After discussion of the letter of Mr. William Wenks on his wish ~o lease his Devon Avenue p~pepty to theCOounty Housing Authority, the Mayor,without objection, referred the matter to the Public Welfare Committee. B. ORAL None. VII. ADJOURnmENT Mr. Smith moved that the meeting be adjourned, Mr- Dwyer seconded, and the motion carried unanimously. Respectfully submitted, -8- //.~.'Huff, City Clerk CITY OF SARATOGA Department of Public Works VERDE VISTA IMPROVEMENT PROJECT INFORMATION TO BE PRESENTED BY DIRECTOR OF PUBLIC WORKS AT COUNCIL MEETING CONCERNING THE ASSESSMENT DISTRICT August 7, 1968 1. The Director of Public Works is a registered Civil Engineer in the State of California and has been in charge of the preparation of ~_!~plans and specifications and the spreading of assessments for over five years. 2. The proposed assessment district is required in order to provide satisfactory and proper access to the properties within the proposed assessment district boundaries and to provide proper traffic flow to and from the properties in the district when they are developed. The area within the assessment district is proposed for residential de- velopment. It is the opinion of the staff that the improvements presented in the assessment district are all required for the proper access and traffic flow to the properties in the proposed district. The street improvements will also be required to provide access for fire, police and other emergency°facilities, as well as for the normal deliveries to and from the area. 3. The Verde Vista Improvement Project lies between Saratoga-Sunnyvale Road and the easterly boundary of Tract No. 4253 as shown on the Assessment Diagram. 4. Improvements to be Installed (a) Verde Vista Lane The improvements on Verde Vista Lane to be installed by the assessment district would be on a 60-foot right-of-way consist- ing of 37 feet of paving from lip of gutter to lip of gutter, curb and gutter on both sides of the street, sidewalk on south side, and storm drain. At the west end the improvements conform to existing improvements with a 40' right-of-way and 23' of paving ~' _ from l'i~~ to lip of gutter. 5. Method of Sprea~ (a) The cost of the right-of-way acquisition is to be assessed in full to the abutting landowners pursuant to the proposed assess- ment district spread. ..... (b)__One~third of. the.cost of_.the. street imprDvements~ consisting Of__ the curb and gutter, paving, sidewalk and storm drain, plus in- cidental expenses, shall be assessed in full to the abuttinq landowners based on the proposed assessment district spread. The exact type-and-kind of street improvements have been mentioned previously. (c) (1) Seventy-five percent of the right-of-way cost would be spread directly to the property from which the right-of- way is acquired. City to contribute two-thirds of the cost of construction plus construction incidental expenses. -1- (2) One-hundred percent of the remaining costs would be spread on a "per front foot" basis. The "frontage" shall consist of the frontage along Verde Vista Lane. (d) The assessment district is also assessed for the bond attorney's fees, engineering fees, land and construction contingencies, mailing fees, etc. The landowners are not assessed for the City's contribution. (e) In my opinion, all properties benefitted have been included within the district and no property benefitting has been omitted from the district. Further, it is my opinion that the assessment levied against each parcel of property ~eflects the benefit to be derived by that particular par- ~ cel, a~d ~h~ value of each parcel, after the improve- ? mentsI~hav~ ~een installed, will be increased by more than the amount assessed. 6. City Contribution Although not in the assessment district, the City is contributing two-thirds of the cost of construction and construction incidentals. 7. The Engineer's Estimate is as follows: Preliminary Final Cost of Construction $53,154.50 $49,333.32 Cost of Acquisitions 22,768.00 22,904.00 Contingencies 7,592.50 7,213.33 Incidental Expenses 13,819.00 13,735.35 TOTAL COST $97,334.00 $93,086.00 Cit~ Contribution 45,459.00 42,814.00 ~ALA~R~ $5~,875.00 $50,272.00 ~ 8. Report on Bids The assessment district received very favo~Abl~ bids. 'Fi~'e ~f~rs' " submitted bids ranging from a low of $48,742.52 to a high of $64,707.16. The Engineer's estimate for the construction contract was $53,154.50. If the City Council desires to form the proposed assessment district, then the City Staff recommends that the contract for construction of the street improvements be awarded to the low bidder, R. J. Zipse Paving Company, Inc. for $48,742.50. For competitive purposes, the the list of bidders and their bids are shown on the following tabu- lation: R. J. Zipse Paving Company, Inc. $48,742.52 McCarthy & Spiesman 49,922.30 A. J. Raisch ~!5.i~8~5~f0 B & D Trenching & Excavation 53,485.21 Pellegrini Paving 64,707.52 9. The following is a table showing the reduction in proposed assess- ments between the original spread based on the Engineer's Estimate of cost and the final proposed spread based on actual bid prices. Parcel No. Preliminary Spread Final Spread 1' $ 2,837.00 $ 3519.00 2 1,301.00 1260.00 3 1,542.00 1493.00 4 6,547.00 6387.00 5 237.00 229.00 6 237.00 229.00 7 2,765.00 2699.00 8 7,740.00 7643.00 9 5,364.00 5293.00 10 9,545.00 9241.00 11 13~760.00 13279.00 TOTAL $51,875.00 $50,272.00 Respectfully submitted, RSS/g ~~~ Director of Public Works CfTY OF SARATOGA MEMORANDUM August 20, 1968 TO: CITY COUNCIL FROM: CITY ADMINISTRATOR SUBJECT: MINUTES OF AUGUST 7 MEETING Mr. Assaf of Wilson, Jones, Morton and Lynch advises that the complete text of the engineer's report on the Verde Vista Improve- ment project should be included in the minutes. Therefore the minutes should be corrected to add the following sentence to the fifth paragraph under Item V. A. VERDE VISTA IMPROVEMENT PROJECT: "The complete texts.of Mr. Shook's report, as presented, is shown in Exhibit "A" attached." J. R. HUFF IV. ADJOURNMENT It was moved b~ 6o6n~il~a~'Bridges'an~ Secbnded by Councilman DiridOn the meeting be-adjourned. The motion-was carried. The meeting .was adjourned at 7:45 p.m. ,' " "I~ I.? ' R ectfull~ submitted, · ~ Robert