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Home My WebLink About09-21-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, Septernber 21, 1988 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Anderson, Councilmembers Clevenger, Moyles, Peterson, Smtzman present at 7:35 P.M. 2. CEREMONIAL ITEMS: A. Proclamation recognizing 100th Anniversary of Cherrymount, Arch Brolly's Farm at corner of Fruitvale and Burgundy Way Mayor Anderson presented a Proclamation recognizing the 100th Anniversary of Cherrymounf. B. Proclanmtion on UN Day Mayor Anderson pre~ented the Proclamation on UN Day to Ms. Marilyn White. 3. ROUTINE MATTERS A. Approval of Minutes: Meeting of September 7, 1988, and September 13, 1988 MOYLES/PETERSON MOVED APPROVAL OF MINUTES OF SEPTEMBER 7, 1988. Passed 5-0. CLEVENGER/PETERSON MOVED APPROVAL OF MINUTES OF SEPTEMBER 13, 1988 Passed 4-0-1, Mayor Anderson abstaining. B. Approval of Wan'ant List: PETERSON/CLEVENGER MOVED APPROVAL OF THE WARRANT LIST. Passed 5-0. C. Report of City Clerk on Posting of Agenda Pursuant to Governnrnent Code 54954.2, the agenda for this meeting was properly posted on September 16, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, September 14, 1988, - Noted and filed. B. Heritage Preservation Commission Minutes, August 3, 1988, - Noted and filed. C. Proclamation commending William Podgorsek D. Proclamation on Fire Prevention Week E. Ordinance NS3ZC--95 prezoning certain territory and amending Zoning Map on pamels at 21350 and 21290 Blue Hills Rd. (Nelson/Chambe~ain, applicants) (Second reading and adoption) F. Ord,71.48 Relating to Modification of Zoning Standards through. rssuance Of ~ Use Permit (Second reading and adoption) G. Authorization to attend League of California Cities Conference in San Diego for Councilmembers, City Manager, Community Services Director, and City Attorney MEETING OF THE CITY COUNCIL Page SEPTEMBER 21, 1988 CONSENT CALENDAR Continued H. Final Building Site Approval, SD-87-009, Hill Ave. (3 lots) CR. Rivoir, Developer) I. Final Map Approval, SD~87-020, Quito Rd. (3 lots) (P. Olsen, Developer) J. Resolution 2492.1 amending budget for crossing guards K. Resolution 2513 upholding decision of Planning Commission on Sun Appeal heard September 7, 1988. Councilmember Moyles requested removal of Consent Calendar Item C. CLEVENGER/PETERSON MOVED APPROVAL OF CONSENT CALENDAR WITH THE REMOVAL OF ITEM C. Passed 5-0. Councilmember Moyles presented an alternative resolution in the name of the entire Council, honoring Mr. Pedgorsek. MOYLES/CLEVENGER MOVED APPROVAL OF RESOLUTION 2514, A RESOLU- TION HONORING MR. WILLIAM PODGORSEK. Passed 5-0. 4. CONSENT CALENDAR II - CLAIMS: A. Claim presented by Hohman concerning damage to car from pothole at Allendale and Chester with was caused by San Jose Water Co. main break. MOYLES/PETERSON MOVED DENIAL OF CLAIM BY HOHMAN. Passed 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. David GilHes, Principal, Marshall Lane Elementary School, expressed his deep apprecia- tion for the Counci/'s action concerning crossing guards. B. Written Communications from the Public 1) Beverly Myers, 12787 Brook Glen Ct., objecting to removal of structure from Brook Glen Park. Letter be acknowledged and referred to Parks and Recreation Commission for consideration. 2) Sally Drake, 13610 Saratoga Vista, Concerning Council policy on public statements by Councilmembers. - Received, acknowledged and fried. 3) Tod Uricins, Saratoga High School, explaining circumstances of Quad Dance on May 20, 1988. Consensus that a meeting be arranged between Mr. L'dcins and the Public Safety Commission. 4) Assemblyman Patrick Johnston, 261h District, 31 E. Channel St., Rm. 306, Stockton, 95202, requesting support for Pr. 88. Consensus reached that letter be received and fled; no position taken by the Council. 5) William J. Burke, Humane Society; 2530 Lafayette St., Santa Clara, 95050, requesting adoption of steel-jaw trap ordinance. Consensus reached that action be deferred until the need for such an ordinance arose. MEETING OF THE CITY COUNCIL Page SEPTEMBER 21, 1988 COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC Continued 6) Wanda Alexander, James Jefferson, and William Robson, Ravine Rd., concerning disrupted water service. Councilmember Clevenger asked that since controversy existed between the parties represented, there be assurances given that easements had been granted before the Certificates of Occupancy were issued. Councilmember Peterson asked whether preceden~ would be set by not granting a Certificate; Councilmember Moyles concurred that further information was required. Councilmember Stutzman felt that the easements should be granted; it was his understanding that the water lines had been damaged by workmen of the adjacent property owner involved. Consensus reached that Item to be continued to October 5, 1988, pending further information. 7) Richard Dennis, Sarahills Improvement Association, 20794 Russell Ln., favoring interchanges in Saratoga - Received, acknowledged and filecL 6. OLD BUSINESS A. Village Parking District No. 3 The City Manager reviewed the status of the Parking District Assessments. 1) Resolution 2473.11 determining assessments remaining unpaid PETERSON/CLEVENGER MOVED APPROVAL OF RESOLUTION 2473.11 DETERMIN- ING ASSESSMENTS REMAINING UNPAID ON VILLAGE PARKING DISTRICT NO. 3. Passed 5-0. 2) Resolution 2473.12 approving agreement with Bank of America as Paying Agent and Registrar CLEVENGER/PETERSON MOVED APPROVAL OF RESOLUTION 2473.12 APPROVING AGREEMENT WITH BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION FOR SERVICES AS PAYING AGENT, TRANSFER AGENT AND REGISTRAR. Passed 5-0. 3) Resolution 2473.13 authorizing issuance of bonds. CLEVENGER/PETERSON MOVED APPROVAL OF RESOLUTION 2473.13 AUTHORIZ- ING ISSUANCE OF BONDS. Passed 5-0. 4) Resolution 2473.14 ordering the sale of bonds The City Manager reviewed the negotiations regaxding the sale of bonds and recommended that the bond sale coturact be awarded to wul'ff~ Hanson & Co. PETERSON/CLEVENGER MOVED TO ACCEPT THE OFFER OF W't.V~FF, HANSElq & CO. ATrACHING RESOLUTION 2473.14 ORDERING THE SALEOF BONDS. Passed 5-0. 5) Development Rights Policy for Excess Parking Spaces The City Manager reviewed the Report of September 16, 1988, and discussions of the Finance Committee of August 30, 1988; he provided information requested by the Council. MOYLES/CLEVENGER MOVED TO ADOPT THE DEVELOPMENT RIGHTS POLICY FOR EXCESS PARKING SPACES IN VILLAGE PARKING DISTRICT NO. 3 AS PROPOSED IN THE CITY MANAGER'S REPORT. Passed 5-0. MEETING OF THE CITY COUNCIL Page 4 SEPTEMBER 21, 1988 OLD BUSINESS Continued B. Resolution 2515 reversing decision of Planning Commission on Del Monaco appeal reconsidered September 7, 1988. PETERSON/CLEVENGER MOVED APPROVAL OF RESOLUTION 2515 REVERSING A DECISION OF THE PLANNING COMMISSION ON DEL MONACO APPEAL. Passed 5-0 C. Report on Stop Sign Requests on Regan Ln. at Blauer Dr. and at Argonaut Dr. Councilmember Clevenger stated that while she would accept the Public Safety Commission's recommendation to not install a stop sign on Regan Ln./Argonaut Dr. intersection, she felt that a stop sign was necessary at Blauer Dr;, Mayor Anderson concurred. CLEVENGER/STUTZMAN MOVED TO AUTHORIT~ A FOUR Wa, X BE)P AT P,~DG/x. tq .~q. ba'X~D BLAUER DR. Passed 5-0. D. Amendment to Development Agreement with Hulberg, Gilbeau and Hirschman (Cot- Saratoga/Sunnyvale Property) The City Manager updated the Council on the status of this Agreement PETERSON/CLEVENGER MOVED TO ADOPT THE AMENDMENT TO DEVELOPMENT AGREEMENT. Passed 5-0. 7. NEW BUSINESS A. 'Continuation of Sheriffs DUI Program Community Services Director reviewed the Report to Mayor and City Council. - The City Manager reviewed the benefits of the Program and recommended Option 1. Councilmember Stutzman felt the cost was a small price to pay if an accident were prevented. Councilmember Moyles stated that the Program had demonstrated its worth and added that the City was in a position to finance it. CLEVENGER/PETERSON MOVED TO CONTINUE THE SHERIFF'S DUI PROGRAM, OPTION 1. Passed 5-0. B. Award of Contract for Overlay of Various City Streets The City Manager presented the ~d summary; Raisch ConstruCtion was the low bidder. MOYLES/PETERSON MOVED TO AWARD A CONTRACT FOR OVERLAY OF CERTAIN CITY STREETS TO RAISCH CONSTRUCTION CO. AT $217,576.09 C. Revisions to County I-Ia~,ar~ons Waste Management Plan The City Manager reviewed the Memorandum of September 15, 1988. PETERSON/STUTZMAN MOVED TO RESPOND THAT THE CITY HAD NO COMMENT AND BELIEVED THAT THE CHANGES WILL NOT ADVERSELY IMPACT THE CITY OF SARATOGA. Passed 5-0. 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS: A. Report on No- and Low-Property Tax Legislation The City Manager reviewed the Report of September 16, 1988. MEETING OF THE CITY COUNCIL Page 5 SEPTEMBER 21, 1988 CITY COUNCIL ITEMS Continued Councilmember Moyles commended Assemblyman Quackenbush for representing the interests of the City. Figures presented did not accurately represent Saratoga, which was not a wealthy municipality; however, he was concerned regarding the good workings of the court system and wished to preserve such. The City Manager suggested that a Resolution of Appreciation be prepared for Assemblyman Quackenbush and presented for the Council's consideration on October 5, 1988. Consensus reached by the Council that further action not be taken at the present time. B. Reports from Individual Councilmembers Councilmember Clevenger reported on ~We~. val,ley~ S~tation District. Mayor Anderson reported on the recent We~t Valley ¥1ayo~. aria 'Managers meeting. The meeting of the City Council was adjourned at 9:55 P.M. Respectfully submitted, Carol A. Probst-Caughey / 7 Recording Secretary ~