1966 301-328 _ 9-26 cont. to 10-24-1966

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319 Councilman Henderson suggested that in the future, Director of Public Works write to people involved in newly formed assessment districts and explain the procedures to them so that the property owners will understand what is involved. (Memo 10/11/66) Motion by Councilman Petersen to have City crews replace the 3 fences pulled down, seconded by Councilman Keckley. Councilman Keckley stated that City did not warn people sufficiently and fences should be replaced. City Attorney stated this is a common problem with improvement districts. In this district there were a number of other improvements where there were encroachment problems. City Attorney stated that there were other encroachments in this District; that if City puts up fences for these three property owners, all others should have equal consideration; that to replace on private property the fences which were originally on public right-of-way, would be a gift of public funds. Councilman Bury asked the attorney for the District, C. W. Lebsack if the fences could have been replaced as part of the improvements. Mr. Lebsack responded that if the property owner suffered a legal damage which the public authority was obligated to pay, the cost should be included in the District. However, the property owner did not suffer a loss and therefore the Council would be making a gift of public funds. Councilman Petersen stated he still feels City's responsibility to put fences back up based on the question of prior notice, but feels no obligation to make restitu- tion where adequate advance notice was given. Councilman Henderson questioned could City be subject to claims for damages from other people in District. City Attorney stated he does not feel there would be lawful claims. Motion by Councilman Petersen to replace fences lost on roll call vote, with Councilmen Bury, Henderson, Rosselli & Mayor Herkner voting no, Councilmen Granger, Keckley and Petersen voting yes. Councilman Keckley moved to adopt RESOLUTION NO. 5168 AMENDING RESOLUTION NO. 5137, ADOPTED SEPTEMBER 12, 1966, AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR WATERWAY AND RELATED IMPROVEMENTS, seconded by Councilman Rosselli. Councilman Henderson asked if the resolution adopted on September 12th indicated that boundary line was not clearly established. City Attorney explained that the boundary description at that time was an overall description including both slough area and filled lands. Subsequent to the adoption of Resolution #5137, City was furnished the description of the State-owned tidelands. Therefore the prior description of the State-owned tidelands. Therefore the prior description of the total area has been broken down into three smaller parcels, identical in area with the original described area. Motion carried on roll call vote, Councilman Henderson voting no. Councilman Bury questioned Item 6, design of Woodside Expressway pedestrian overcrossing. He requested that the 8 weeks allotted for designing over -crossing be shortened. City Manager stated that he would contact firm of De Leuw Cather and try to expedite the design work. Council requested a time schedule for design, letting of bods and construction. (Memo 10/11/66)