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Home My WebLink About12-21-1977 City Council Minutes MINUTES SARATOGA 'CITY COUNCIL TIME: Wednesday, December 21, 1977 -. 7:30 P.M. PLACE: Saratoga City Council Chambersl, 13777 FruitSale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Bridges Absent: Councilman Matteoni (arrived later) B MINUTES Councilwoman Corr questioned item 3 of CITY MANAGER REPORTS, relevant to the Committee of the Whole Meeting on December 27th. It was pointed out.this should be re-worded to indicate the December 27th meeting would be cancelled. / It was moved by Councilman Brigham and seconded by C6uncilman Kraus the minutes of December 7, 1977, be approved as amended. The motion was carried unanimously. II. ~ONSENT CALENDAR A, COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Kraus and seconded by Councilman Brigham the Composition of COnsent Calendar be approved. The motion was carried unanimously. B. ITEMS FOR CONSENT CALENDAR i. Ordinance 38.82, Modifying the Procedure Prescribing Time and Method of Payment of. Payroll and Reimbursement of Funds !-~- 2. Community Center Parking'Lot and Azule Pathway Development Notice of Completion 3. Resolution 85-9~31, Amending Resolution 85-9.30 and 85-9 Adding to Basic Salary Classes, Employment Position Classifications and Compensation Schedule for Employees of the City of Saratoga '~1 4. Letter Agreement between the City of Saratoga and Los Gatos Joint Union High School District to Proceed with Tennis . Court Resurfacing at Saratoga High School · 5. Payment of Claims 6. City Clerk's Financial Report 7. City Treasurer's Report It was moved By Councilman Kraus and seconded by Councilman Brigham approval of the Items for Consent'Calendar. The motion was carried unanimously. III, BIDS AND CONTRACTS REVISION' O~ AGREEMENT WITH STATE OF CALIFORNIA FOR LEASE OF STATE OWNED PROPERTY ADJACENT TO CONGRESS SPRINGS PARK It was moved by Councilman Kraus and seconded by Councilman Brigham approval of the revised agreement. The motion was carried unanimously. (Councilman Matteoni arrives) B.QUITO/POLLARD ROAD IMPROVEMENT AND BRIDGE RECONSTRUCTION PROJECT The Director of Public Works reported that the work on this project is complete, and it is recommended the Council accept the completed project and authorize the filing of the Notice of Completion. It is further redSmmended that in lieu of collecting liquidated damages on this contract for the period between April 22nd and December 9th, these be waived and the City collect the extra costs which the City incurred, amounting to $1,926.34. It is recor~nended the Council approve the final payment as specified, including Change Order No. 3 in the amount of $582.40, and Change Order No. 4 in the amount of $9,660.70. Following a discussion concerning this project, it was moved by Councilman Kraus and seconded by.Councilman Matteoni approval of Change Order No. 3 ~nd Change Order No. 4, and app~oVa~tq grant Final Acceptance and'NotiCe of Completion,f~di~../ waiver of liquidated damages and collection of extra costs, as set forth in 'the staff memorandum da~ed December 14, 1977. The motion was carried unanimously. C. CHANGE ORDER NO. 1 - FOOTHILL PARK The City Manager explained that this $1.40 change order is for the addition of a backflow preve~ter on the water system for the development of Foothill Park, per the requirement of San Jose Water Works, and it is recommended this be approved. It was moved by Councilman'Brigham and seconded by Councilwoman Corr approval of Change Order No. 1 for Foothill Park develop- 'ment. The motion was carried unanimously. IV. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS V.' SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. REQUEST BY B. P. HAGAN OF HAGAN CONSTRUCTION AND DEVELOPMENT CO. FOR CONDITIONAL FINAL APPROVAL, TRACT 6199 - SARATOGA~SUNNYVALE ROAD (Cont'd. Dec. 7) '~Final- Appro~? jdbj~ct~C~'~en{7 of th~ f~' ~"5~d~'/~ ..... '~ ~' Jim Calloway,"207 Marshall Street, Redwood City, addressed the Council on behalf of Mr. Hagah, and explained that there is an option on the property which expires after the first of the year. Therefore, they are requesting the Council to conditionally approve the subdivision map so it can be recorded. Mr. Catloway indicated that the subdivider is confid~nt he can meet his January 1st schedule; however, the Council does not meet again until January 4th, and he would have to request an extension. It was moved by Councilman Kraus and seconded by Councilman Matte6ni to grant Conditional Final Approval, subject to payment of fees and completion of conditions 1 thru 4 of the staff report, dated December 16, 1977, by January 1, 1978. The motion was carried unanimously. B. CONSIDERATION OF A REQUEST BY ALLEN DE GRANGE THAT THE PARKS AND RECREATION FEE FOR SENIOR CITIZEN HOUSING ON SARATOGA COURT BE WAIVED (Cont'd. Dec. 7) The City Manager reviewed t~e Council's previous considerations on this property. The CounCil on December 7th agreed to waive 50 percent of the Parks and. Recreation. fee for this p~oject, and it was discussed at a shbsequent Committee of the Whole Meeting. At that time, the Council had asked staff if it would be possible to negotiata a trade-off~6f~' the additional fees for a pathway from Cox Avenue to E1 Quito. Park across this property. However, the Parks and Recreation commission did not feel it was practical to impiement this suggestion. Councilwoman Corr indicated she felt Mr. De Grange should be granted 100 percent waiver of the fees in that he has been under much different restraints than a private contractor, due to having to meet government requirements. Councilman Kraus indicated he would be willing to allow 50 percent waiver, and based upon how Mr. De Grange comes out~on this project, give him the remaining 50 percent waiver at a later date. It was the consensus ofthe Council to again continue this matter for two weeks to allow Mr. De Grange to present financial data concerning this project. VI ~UBLIC HEARINGS = ."~ ~' A. APPEAL BY CHARLES GUICHARD OF REQUIRED ~ICETA-YEAR DISCING OF PARCELS 503-17-029 AND 503-17-03! PURSUANT TO S~RATOGA WEED ABATEMENT ACT The City Manager brought to i he Councii's attention a letter from the County Fire Marshall indicating his position on this matter. He explained that the City's ordinance calls for two discings. per year, and the Fire Marshal. has indicated he felt he could work with Mr. Guichard to resolve the w~ed aba~ement problem. The Mayor opened the public hearing on this matter at 8:10 P.M. There being. no co~aments from the' au'dience at this. time, it was moved by CoUncilman Kraus and seconded by Councilman Brigham the public hearing be closed. The motion was carried. The public hearing was closed at 8:10 P.M. It was then moyed ~y Councilman Kraus and seconded b~ CoUncilman Brigham to deny Mr. Guidhard's appeal,~ and request that he work with the Fire Marshal in terms of timing of this discing. The motion was carried unani~busly. VII. ADMINISTRATION A. MAYOR B', COUNCIL A~D CO~ISSION'REPORTS C. DEPARtmENT HEADS AND OFFICERS D. CITY MANAGER 1. Change Order No.'8 Saratoga Community Library It was moved by Councilman Brigham and seconded by Councilman Kraus to approve Change Order No. 8 for the purpose of completing landscaping surrounding the library, in the a~ount of $5,197.50. The motion was carried unanamously. 2. Abandonment of Portion of~ement'~i~hi~'~6'hthern Pacific Right-Of-Way The City Manager explained thatit is the City's intent to hold a public hearing on January 18th to consider abandonment of this easement,.thus eliminating the City's liabil{ty and responsibility for any approach to this rights-of-way. However, he indicated he has received a letter from Southern Pacific indicating that all the C{t~ has to do is provide a stop sign along with"a' and '!Pedestrians/BicyclYs Ohf~", and t~a:'~ua~a~'t~e ~h~t ~h~ City would enforce that stop sign. It was the consensus of the Council to continue inthe direction to hold a public hearing as indicated. VIii. COMMUNICATIONS " A. WR{~TEN · 1. Mr. Nicholas A. Frank, President , West Valley Taxpayers and Environment Association, thanking the Saratoga City Counc{1 for its decision to enact their anti-stadium initiative ordinance into law. - Noted and filed. 2. Mr. George M. Shannon Jr.; DireCtor, Criminal Justice P~anning Board, re:. City Council supporting ~he LEAA Program in Santa Clara County. It was agreed to discuss this matter at a Committee of the Whole Meeting. 3. ~{r. Anthony Badame, 18494 Twin Creeks Road, expressing oppositi6n to "No Parking" signs posted on'.Shorthill Road. ~7'.B~3~e-aa~s'seh~.~h~ Council, indicating that this is a d~d-en~ road~,~'~nd'I~h~n'ly traffic encountered is that of ' students while they are parking and homeowners going to and from work. He indicated that few pe'ople know of this r'oad; therefore, there is no threat of the traffic situation getting out of hand. Further, he and other tax paying citizens are paying f6r this road, yet are denied u~e df it, and this constitutes a reversal of the Shorthill "No Parking" order. Following consideration of this request, the Mayor asked if there was a motion to rec0ns{der the CoU~cil's previous decis{on relevant to "No Parking" in this area. No such action was taken; therefore, this~;~a~Smis~ed. 4. John B. Lochner, Chairman'of the Local Agency Formation Cpmmission, on re: report entitled Housing: IA Call for ~dtion - Noted and filed. 5. Alan B. Carder, Fire Marshal, dountygf Santa Clara, re: appeal of Charles Guichard, Weed Abatement Program. - Noted & filed 6. Officer Larry W. Campbell, All-Star Basketball Game Commissioner, San Jose Police Activities teague, requesting City's support of benefit basketball game. The Council.~oncurred in~!L~h~reques.~ to indicate support of the benefit%~asRetball gam~'~lo the'Golden State Warriors organization. B. ORAL C. MISCELLANEOUS 1. The City Manager.indicate~ he has received a r:equest to approve the AnnUal Paul Massoh C~ampaign Marathon on Sunday, January.22nd. It was moved by Councilmah Brigham and seconded by Councilwoman Corr to approve'the Paul Masson Champaign Marathon on January 22, 1978~ ~The motion was carried unanimously. D. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENATIVES The M~yor acknowledged the pr~esence of: Virginia Laden, Saratoga Planning Commissioner IX. ADJOURNMENT ~t was moved by CoUncilman Brigham and seconded by Councilwoman Corr the meetipg be adjourned. The motion was carried unanimously. The meeting was adjourned'at 8:50 PiM. Resp~Y~y"~ubmitted,