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Home My WebLink About02-04-1981 City Council Minutes MINUTES SARATOGA CITY COLrNCIL TIME: Wednesday, February 4, 1981 ~ 7:30 p.m.' PLACE: Council Chambers, Saratoga City Offices, 13777 Fruitvale, Saratoga TYPE: Regular Meeting AGENDA ACTION EXECUTIVE SESSION - Litigation - 6:30 p.m. REGULAR MEETING I. ORGANIZATION A.ROLL CALL - CounciLmembers Clevenger! All present. Jensen, Mallory, Watson, Mayor Callon B. MINUTES - 7/2; 8/6; 1/21; 1/27 JENSEN/CALIONIMOVED APPROVAL WITH CHANGES NfTi'Eu BF~DW. Passed unanimously with following abstentions because of absence on dates noted: Callon - 7/2; Clevenger and Mallory - 8/6. 7/2, p: 2 - "would" changed' to "should" in para. 4. p. 6 - "becauSE Andersen is a client firm" added to Item VIII.D.2; sFelling of "Andersen" corrected. 8/6 - spelling of "Stuart" corrected throughout. p. 12 - "house" changed to "buildihg" in 1/21, para. 6. p. 3 m added "Council asked for applica- tions from Quito area." II. CO~jNICATIONS . A. ORAL B. WRI'I'fE~ III. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. REQUEST FOR DEFERMENT OF IMPROVEMENTS MALIDRY/CLEVENGER MOVED AECEPTANCE OF RECOM- ON MARION AVENUE, SDR 1408 (Brad Renn) MENDATION OF STAFF TO PREPARE DEFERRED IMPROVE- MENT AGRF~MiT FOR MAYOR'S SIG~qATURE. Passed ', 5-0. IV. PETITIONS, ORDINANCES, AND RESOLUTIONS A. RESOLUTION RULING UPON' AN APPLICATION Planning Director reviewed history of the appli- BY ALl.raN DON FOR THE GRANT OF AN EX~ ,. cation, statiDg that no new information had been CEPTION FRDM THE INTERIM RESTRICTIONS provided in the meeting' s materials except for IFfOSED BY THE INITIATIVE ORDINANCE a letter frcm the Dons dated 1/29/81. ADOFrED BY THE VOTERS IN AN EI,ECTION ~ HELD ON APRIL 8, 1980. ~ Mr. andsMrs. DOn, 20661 Oak Creek Lane, spoke as the applicants, explaining how they believed 1. Resolution No~ 984 their proposaiiwoutd improve the situation for the City as well as themselves; they also be- lieved their expenditure 6f time and money and their inconvenience amounted to a hardship. ~ AGENDA ACTION Councilmembers discussed their concerns about IV. A. (continued) .'"the appliCation~iincluding density~'~existence ~ of-!ar. hardship,~ ~nd-iqeol0gy.r~ ~Counci~r.~.. WatsOn fel~t:there was-novhardship;f Jen~enr.' agreed, 'and .felt =the.~changed"rot~ Would. be in a potentiat=de~p~Slidin~'~area~- ~s~.oppo~d~.to a po .tentia~l.~hallb~ :~lidingaa~ea;]Call6~ "f~i6~th~ap plication met both the hardship and the density requirements of Measure A, besides not being located on Pierce ROad; Mallory felt it met the hardship but not the density requirements; Clevenger felt it met the hardship requirements It was noted that an exception requires a 4/5 vote of the Council, which was not obtainable. CONSENSUS TO DIRECT CITY ATTORNEY TO PREPARE FINDINGS AND RESOLUTION TO D~INY HARDSHIP. B. "~RESOLLFfI~N ENCOURAGING."IJDCAL' BUSIzl ~'.~ M~l'-lOi~zY!~f~i~d'i~'tha~re~idehf~,?a~W~'ras busi- NESSES~TO~,iPURCHASE~LOCAL FRUIT nesses, ought to be included in the resolution. BECAUSE OF THE MEDFLY QUARANTINE Jensen suggested that the resolution be sent ~-"'~..'~!~_<"n ~".' ..... to local stores to inform them of Council 1. Resolution No. 991 action. Consensus to carry 6ht both. sug-~ r · gestions. CLEVENGER/MAILORY MOVED TO APPROVE RESOLL~ION NO. 991, AS AME1NDED. Passed 5-0. C. RESOLUTION GRANTING EASEMM~T TO PG&E ConsenSus to add "underground" to resolution FOR PUBLIC UTILITIES THROUGH PARKING to clarify intent of easement. DIST. #1 WATSON/MALLORY MOVED TO ADOPT RESOLUTION 990, 1. Resolution No. 990 AS AMtlNI)ED. Passed 5-0. D. RESOLUTION COM~DNDING GERALD MARSHALL JENSEN/MALLORY MOVED ADOPTION. Passed 5-0. FOR OUTSTANDING SERVICE TO THE CITY OF SARATOGA ' 1. Resolution Nol 992 E. RESOLUTION ~ING RICHARD SIEG- 7 JENSEN/MAIiORY MOVED ADOPTION. PasSed 5-0. FRIED FOR OUTSTANDING SERVICE TO THE CITY OF SARATOGA Resolution No. 993 F. RESOLLFION COMMENDING SHEYLEY WILI,IAMS JENSEN/MALIDRY MOVED ADOPTION. Passed 5-0. FOR OUTSTANDING SERVICE TO THE CITY OF 1. , Resolution No7.. 994 V. PUBLIC HEAR/NGS - 8:00 p.m. None. VIiT. BIDS AND CONTRACTS A. AGRFfMMqT ON PARNAS lOTS Planning Director reviewed history of hardship application. CouncilnP3nber Jensen expressed concern that not all building ~nvelopes were indicated on the map and that some of the lots- were very steep. Consensus to permit staff to work with Parnas on specific lots to be de-' veloped. Councilmember Mallory brought up the possibility of including a waiver of claims in the agreement. Steve Bernard, attorney for' Parnas, stated that Parnas would drop their pending suit if the hardship exemption were granted, which would make a waiver of claims WATSON/MAILORY MOVED ACCEF~ANCE OF AGREEMENT BETWEEN PARNAS AND CITY AND ALrfHORIZATION OF MAYOR TO SIGN AGREEMENT. Passed 4-1 (Jensen lopposed). 3 _I. 2/4/81 AGENDA ACTION VII. CONSENT CALalXIDAR MALLORY/JENSEN MOVED ADOPTION AND APPROVAL OF ALL ITEMS ON CONSENT CALE~X~3AR. Passed 5-0. A. DENIAL OF CLAIM OF ALBERT SIEBER, SR Claim denied. B. PROFESSIONAL SERVICE AGPk~M[~Ff WITH Adopted RALPH ANDERSEN AND ASSOCIATES FOR RECRUITMENT OF CITY MANAGER. C. CHANGE ORDER ~1 - REDUCfION OF RE- Adopted. TA/NING WALL I~q VILLAGE PARKING DISTRICT #4 D. RELF~SE' OF IMP~ BOND - SDR" Adopted.' 923 (DOnald Perata, Pike Road) E~ PAYMENT OF CLAIMS Adopted. VIIIo ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL AND ~SSION REPORTS 1. Appointment o~ New Members :of 'CounCilmember Clevenger reported on progress Library' Cc~ssion '~ in selecting commissioners. C. DEPARTMENT HEADS AND ~FIC. ERS 1. Director of Ccmlmlnity Servlces a. Report re: Status of Report noted; birector ind staff canTended for Medfly Program vigorous action. b. Report re: Referral to th~~ JENSEN/MALLO~Y MOVED. TO ACCEPT ~ATIONS Parks & Recreation Cc~n~is-' OF STAFF AND DIRECT CODE ENFORCeMeNT OFFICER TO sion Regarding Animal' WORK WITH CITY ATTORNEY TO DRAFT REVISED ORDI- Ordinance NANCE FOR PLANNING COb~LISSION HEAR/NGS. Passed 5-0. D. CITY MANAGER 1. STATUS OF PARKS & RECREATION Acting City Manager noted that Council had ODMvLISSION APPLICATIONS received applications; subccmmittee will pro- ceed with l interview process. 2. LIBRARY FUNDING FOR BOOKMOBILE Oral Report by County Librarian considered. 3. ATHLETIC AfTIC-KEZR FOOLS CONSENSUS TO AUTHORIZE .CODE ENFO~ OFFICER PARADE RACE TO MAKE APioJ~NGt~4EIMTS FOR RACE. ORAL CO~4UNICATION - Robert Feldman, Mayor Callon permitted Mr. Feldman tO speak, 12050 Via Roncole although he had missed the oral ccnmmmications portion df the agenda. Mr. Feldman'requested that PG&E not underground utilities for certain I.. nearby houses, since the undergrounding would disturb his lawn. CQNSENSUS'TO PUT-THIS MA~TER ON THE AG~NDA FOR FEBRUARY 10 FOR ACTION IF NOT RESOLVED BEFORE THAT TIME BY STAFF. IX. ADJOUF~qMEB~ - 12: 00 Or earlier CONSENSUS TO ADJOURN TO EXECUTIVE SESSION ON PERSONNEL. EXECUTIVE SESSION - PERSONNEL After executive session, consensus to adjourn to regular meeting; then .to adjourned regular ,. meeting and, executive session at 6:00 p.m., ~. Feb. 5; then to adjourned regular meeting at · 7:30 p.m., Feb. 10. · Respectfull~ suhnitted, Grace E. Cory Acting City Clerk