Loading...
HomeMy WebLinkAbout02-18-1981 City Council Minutes MINU,TES SARATOGA ' CITY COUNCIL TIME: Wednesday, February 18, 1981- 7:30 p~m. PLACE: saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga TYPE: Regular Meeting AGENDA ACTI ON EXECUTIVE SESSION - 5:00 p.m. (Litigation and Personnel. Matters) REGULAR MEETING I. ORGAN I Z AT I QN A. ROLL CALL ' f_l Councilmembers Clevenger, Jensen, .- · Mallory~ Watson, Mayor Callon - present B. MINUTES - 2/4/81 JENSEN/MALLORY MOVED ACCEPTANCE WITH CHANGE IN ITEM IV. A. INDICATING POTENTIAL DEEP SLIDING A~EA. -' Passed 5-0. II. COMMUNICATIONS A. ORAL None. B. WRITTEN Noted'and referred to staff. III. SUBDIVISIONS, BUILDING SITES, None. ZONING P~EQUESTS , IV. PETITIONS, ORDINANCES, AND None. RESOLUTIONS ~ '. V. PUBLIC HEARINGS.- 8:00 p.m. A. AMENDMENT TO THE 1974 GENERA] Planning Director reviewed the General Plan PLAN LAND USE ELEM_E.NT - process and the amendments being proposed to GPA-81-1 AND NEGATIVE bring it into confonnance'with the areas in DECLARATION question. After discussion by Council, the public hearing was opened. 1.' R.esolution N6..996 ' ' Everett McNicholas, Superintendent of the Saratoga Union School District, spoke to lend District support to Resolution 996 as applied .. to the school district. No one else appearing to speak, the public hearing was closed. : Planning ~irector discussed the possibility · ' " of using Area A as a senior citizens housing project, p6inting out that the State would probably not approve Ibecause such a use would n0~ meet the needs ~tated in the Housing Element Mr. McNicholas again spoke to inform the Council that ,the District intended 'to sell the lots. He ~" ~ felt that the inhabitants of the expensive · houses surrodnd~ng those lots would not want senior hous'.lng in the area. CounCilmember 2-2/18/81 AGENDA ACTION Mallory responded that senior housing should not be restricted to poorer neighborhoods. In response to Councilmember jensen's inquiry, Planning. Director stated that the proposed changes conformed to the zoning regulations. Mayor Callon.noted tha~ the Oak Street SchoOl are might be more suitable for a ~enior housinc area,f because of its favorable location. Councilmembers' Clevenger and Mallory stated that the proposed use 'would be ideal for the school district area, but Councilmember Jensen felt it would .be out of character with the neighborhood. CLEVENGER/MALLORY MOVED APPROVAL OF RESOLUTION 996 AS APPLIED TO GPA 81-1-a ONLY (SARATOGA L~qION SCHGOL DISTRICT OFFICES); APPROVAL OF THE GENERAL PLAN AMENDMENT AS APPLIED TO GPA 81-l-a; APPROVAL OF THE NEGATIVE DECLARATION FOR GPA 81-1-a GNLY. Passed 4-1 (Jensen opposed. ) Council and staff discussed whether items b and c should be referred to General. Plan Citizens Advisory Cc~mittee or Planning Com- mission. Councilmember Jensen expressed the conviction that zoning should follow the General Plan designation, and f0frther noted the need to comply with federal flood insurancc requirements. She explained that if the matter were referred to the P%anning .Cc~mission it would not be heard by the Council again because of the necessary procedural sgqueDce.. Coun- cilmemberTWatson noted' that~there was a ~ew group of Planning Cul~dssi0ners to examine the matter. Councilmember Mallory favored sending it to the .Planning Cu~u~ssion, specifically so that thief; coul~ determine whether it Wohld be - a good s~te for senio~lhousing. Mayor~Callon pointed out that City process rest continue no matter who serves on the Plan~ing Conm~ssion; she favored referring the matter to them if the Council wished to indicate a changed direc- tion, but .hot otherwise. 'I Planning Director stated that ~eferring it to the Planning Com- mission would not lead to further public exposure. City 'Attorney informed Council that only three 'changes per year are permitted for any mandatory element. JENSEN/WATSON MOVED TO RE~'ER GPA 81-1-b (John- ston Property; APN 503-23-38) A~D GPA 81-1-c (HINCKS PROPERTY; APN 517-13-14 and 517-13-15) TO GENERAL PLAN CITIZ~I~S ADVISORY ~TfEE FOR DhTERMINATION OF APPROPRIATE LAND USE AND AP- PROPRI/~TE DENSITY. Passed 5-0. JENSEN/MALLORY MOVED TO APPROVE PLANNING COM- MISSION RELATION TO REFER GPA 81-1-d (C~.RN UNA) TO THE GENERAL PLAN CITIZENS ADVISORY COMV~'FrE~. Passed 5-0. 3-2/18/81 ,AGENDA ACTION V.B. APPLICATION BY RALPH MARES FOR THE GRANT The public hearing was opened;. no one appearing OF AN EXCEPTION FROM THE INTERIM RESTRIg- to speak, it was closed. TIONS IMPOSED BY THE INITIATIVE ORDINANCE ADOPi'EU BY THE VOTERS IN AN ELECTION HELD JENSEN/MALIDRY MOVED TO CONTINUE TO 3/4 AS ON APRIL 8, 1980 REQUESTEU BY APPLICANT. PasSed 5-0. C. GREEN VAI,I,RY RATE INCREASE Acting City Manager reviewed staff report and ". explained that the four cities involved in paying for the Green Valley audit had done so because ther~ was no other way to determine whether Green Valley's request for increase was justified. Mayor Callon noted that she had voted against the cities' paying, for the full cost of the audit, since the' resulting rec~nendationS were td Green Valley' s benefit. Councilmember Jensen noted that the State Solid Waste Management Board wished' to encourage recycling. She felt this could be done .by setting a rate increase based on a per-can rate rather. than the proposed schedule; this would give residents an incentive to recycle in order to reduce the number of cans paid for. Acting City Manager stated that such a change. might better be addressed in the franchise agreement. The public hearing was opened. Bill Grafton, 292 E. Main, Los Gatos, spoke as accountant · for Green Valley. He stated that the rate increases were necessary and that a per-can rate would be more expensive. Councilmember Watson pointed out that Saratoga residents are entitled to 100' pick-up of their garbage, rather than curbside pickup. He felt that residents should. be informed of this fact, end more service provided if rates were to be increased. Richard Amerio, speaking for Green Valley, stated that his employees were not required to open gates, and that residents bringing their garbage to the curb were not being forced to do so. Mayor Callon noted that many residents do not know that they are entitled to 100' pick-up. Councilmember Mallory inquired as to the pes- sibility of autcmated pick-up. Joe Zanardi, of Green Valley, 'explained that this was pes- sible in sc~e areas where there was great uni- fornlity and accessibility for the machinery. Mayor Callon noted for the 'record a letter received from Mr. and Mrs. James Buchan, 12553 Woodside, expressing their dissatisfac~ ' tion with Green Valley's service. Norman Martin, 12524 Miller, spoke in favor of informing the public of the 100' pick-up privilege and adopting the per-can rate to encourage recycling. 4-2/18/81 AGENDA ACTION V. C. (continued Acting City Manager stated that some of these possibilities had been discussed by the four cities involved in the audit. She believed, that the problems could be better addressed in terms of the franchise agreement. When the agreements are re-worked, she felt, more data would be available, since more of the reccm- mendations would have been put into effect. The public hearing was closed. Councilmember Jensen moved that the rate schedule be changed to a per-ca basis. There was no second, and the motion failed 4-t. Councilmember Mallory asked whether Green Valley could send the Council a letter saying that they agreed to the recc~mendations of the Ralph Andersen audit. Representatives of Green Valley replied that they could, but they felt it was unnecessary. MAILORY/~GER MOVED TO APPROVE RATE f INCREASE WITH THE PROVISO THAT FUTURE REQUESTS WOULD BE CONTINGENT UPON SUBSTANTIAL PROGRESS BEING MADE IN ALL .AREAS COVERED BY THE AGREED- U~O.~.N..~R~,..~ATTpNS kND THAT .~'VA!,I,EY DIS- ROSAL'WRITE A SUPPI~I~I~qTAL I~l'l'~ CONFIRMING THEIR INTENT TO PURSUE THE PROPOSED WORK PRO- GRAM ATTACHED TO THE STAFF REPORT DA'rm 2/13/81. Passed 3-2 (Jensen, Watson opposed). Councilmember Jensen explained that she oppos6~ the rate increase because it did not encourage recycAing. Councilmember Watson opposed it because he felt residents were paying for ser- vice which was not being provided. Mayor Callon and CounciLmember Clevenger noted that they voted for the rate increase because they felt it Was justified by current information, but that at a later date they would be in a better position to evaluate the service and rate increase. matterS. VI. BIDS AND CONTRACTS (This item was cQnsidered before the public hearings began at 8:00 p.m., but for the sake of the minutes it is being recorded in agenda order. ) A. CHANGE ORDER #3 - CONGRESS SPRINGS PARK MALLORY/WAtSON MOVED APPROVAL. Passed' 5-0. DEVELOPMENT B. NOTICE OF COMPLETION - PHASE 1 DEVELOP-'. WATSON/MALLORY MOVED APPROVAL. Passed 5-0. .ME~EU, CONGRESS SPRINGS PARK' C. AGREFMENT GN LOTS - PARKER RANCH, UNIT 1 Planning Director reviewed circumstances (Blackwell Hcmes) leading to submission of two agreements, one drafted by the Blackwell Hc~es attorney and the other by the City Attorney. He stated that the principal difference was that the Blackwell Homes version encumbered the lots nol being developed through a recorded restriction, while the City Attorney version called for execution of grant deeds conveying the lots to the Hcmeowner~ A~sociation. 5-2/18/81 AGENDA ACTION VI. C. (continued) James McKeehan, attorney for Blackwell Ho~aes, pointed out that Blackwell Hc~s had already been granted an exception from the restric- tions 9f·M~.asure-A wi.th respect to this tract. He also ,state~ ,that he ,believed nO agreement as proposed by the City was hecessary because none of the· lots could be built upon in any eventc withou~ a. buildj~n~g permit issued by the City.' He e~pressed Blackw~ll 'Hcmes' desire Eo ~etain title tO the~ lots so that if Measure A were dec.lared invalid they could be deve2- loped. He'stressed that under Blackwell Hc~es' agreement the lots would be-maintained by th~n. affecting a proposed subdivision could con- ceivablly take place in,any situation; he pointed out that rulings cannot be made on the basis of'what may happen, but what is in effect an the time of the action. Councilmember Mallory stated his opposition to the City agreement, saying that the issue was one of justice. Councilmember Watson expressed his belief that the property rights should remain with the developer, if Measure A were declared invalid. CALLON/CLEVENGER MOVED TO ACCEPT CITY ATTOR- NEY'S DRAFT AGREfMENT. Passed 3-2 (Watson, Mallory opposed) j (At a later time in the meeting Mayor Callon moved to reconsider the above motion. There was no second. Failed 4-1~) VII.' CONSENT CALENDAR JENSEN REQUESTED THAT IT~4 B BE REMOVED FROM THE CONSENT CAI.RNDAR. CLEVENGER/CALLON MOVED THAT ITEIvLg A, C, AND D BE ADOPTt~D AND APPROVED. Passed 5-0. A. CITY TREASURER' S REPORT Approved. B. FINAL MAP APPROVAL - QUITO-SARATOGA Mayor Callon stated that approval of the final CENTER, SDR 1472 (Cox Avenue) map was a ministerial act which the Council was . bound to perform. City Attorney noted that 1. Resolution 1472-02 ~ if the Council felt they did' not have adequate information to judge whether the final map was · in conformance with the tentative map, that could be a basis for continuance. ~ Councilmember Jensen stated that 'the project was too big for a residential neighborhood " i and was thus not in keeping with the General Plan. Planning Director pointed out that the pr6ject had been through the design review process ' " and was, he f~]t, consistent with the General Plan. Moreover, there had been a great deal - ~ of ,~p~b, ii.c .i~put' at earlier stages. Director , of Public Works· agreed With 'these statenents. ; City Attorney stated .that the only issue was ~ 'conformity with the t~ntative map and com- ~ ' pliahCe with the conditions of tentative map approval. 6-2/18/81 AGENDA ACTION VII. B. (continued) Councilmembers expressed concern about such issues as adequagy of setbacks, utilization of the site for business and professional pur- poses (rather than ccm~ercial purposes which would generate sales tax), and design. A representative of the developer stated that the tentative map and the final map were essen- tially identical, and that changes which had been made had come about at the suggestioB of staff. JENSEN/CLEVENGER MOVED THAT ITEM B BE PLACED ON THE AGENDA FOR 3/4 AND THAT STAFF SUBMIT FURTHER INFORMATION, INCLUDING'THE TENTATIVE MAP; THE SITE PLAN AND ELEVATIONS; AND THE CITY CODE REQUIPJ1MENTS W~TH RESPECT TO SET- BACKS. Passed 5-0. C. STREET ACCEPTANCE - Tract 4886 Approved. 1. Resolution No. 995 D. PAYMENT OF CLAIMS Approv~d. VIII. ADMINISTRATIVE MA'Fi~RS A. MAYOR Mayor Callon announcedI sppointment of J. Wayne Dernetz as City Manager, effective on a part-time basis as contract employee 2/24 and as a full-time employee 4/1. CALLON/JENSEN MOVED APPROVAL OF LETi'~R OF INTENT TO HIRE JOSEPH WAYNE DERNETZ AS CITY MANAGER. Passed 5-0. B. COUNCIL AND COD~4ISSION REPORTS 1. Report re: Appointment of Library Consensus to interview five applicants. Conmissioners ,, 2. Report re: Appointment of Parks and Consensus to discuss subconmittee recc~nenda- Recreation Conmissioners, tions. C. DEPARTMENT HEADS AND OFFICERS 1. Planning Director a. Report re: Ordinance Aeferred 'Continued to .3/4. frc~ County re Adult Entertain- ment Facilities D. CITY MANAGER IX. ADJOURNMF~P - 12:00 or earlier EXECUTITVE SESSION - Litigation and Personnel Consensus to cancel. Matters Respectfully suhnitted, Grace E. Gory Acting City Clerk