HomeMy WebLinkAbout07-15-1981 City Council Minutes MINUTES
SARATOGA CI.TY COUNCIL
TIME: Wednesday, July 15, 1981 7,:'30 p.m.
PLACE: City Council Chambers, 1377 Fruitvale Avenue
TYPE: Regular Meeting
AGENDA ACTI ON
I. ORGANIZATION
A. ROLL CALL , Councilmembers Clevenger, Jensen,
Mallory, Watson, and Mayor Callon
all present.
B. MINUTES - 7/1;-7/7.. JENSEN/WATSON MOVED ADOPTION AND
APPROVAL OF MINUTES WITH CHANGES NOTED
· I BELOW:
7/1, p. 6, Delete the word not in the
7th paragraph.
7/7, p. 5, Add to '5th paragraph: It was
the consensus of the Council
that Section 4.d. remain as
written. ·
II. COMMUNICATIONS'
A. ORAL' Terry Cabrinha, 19220 Gunther Court
requested that the Council do every-
thing possible to obtain from proper
~authorities a reasonable notice of
future Medfly aerial spraying. She
expressed.concern over confusing and
conflicting information. It was noted
that the City has had extreme diffi-
culty in obtaining accurate information.
The Director of Community Services gave
status report on spraying and current
schedule.
B. WRITTEN Referred to City Manager'for reply.
, As to #2, it was the consensus that
it is sufficient to have the packets
that are now available fof'Fe'fe'FH1 at
III. SUBDIVISIONS, BUILDING SITES,
ZONINg REQUESTS
A. REQUEST OE WILSON E. The City Manager reviewed the request.
HOLBROOK EOR WAIVER OE The City Attorney summarized the two
APPEAL DEADLINE (Continued alternatives compatible with the exist-
from ?/1) ing ordinance, subject to the Council's
interpretation.
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AGENDA ACTION
Mayor Callon and Councilmember Watson
expressed-their feeling that Alter-
native #2, which states that the City
/ .,~. .~, has waived. its right to demand com-
~ .,~.~:.~.~. ~, pliance from the applicant at this time,
.,~._ ~j~ would be mere equitable because the
applicants are the second owners in
this situation~
". ~/ ..... 2 The City Attorn~ey-e-xpl~.ined that the
/~ .... ~ previous discussion wa~ the issue of
whether'or not the--appeal could be held
at this time since the time period has
expired. He stated that there is no
way that the appeal can be extended.
The issue at this time is whether or
not the facts justify a waiver of the
need for the map at the present time.
COuncilmember C.ievenger stated that she
feels the pre~ent owner had benefitted
from the expansion, and there has been
.an over 50% expansion accomplished.
She commented that it is the property
that the City would like control over;
not the owner. Therefore, the first
interpretation should be adopted, which
requires building site approval at
this time. Councilmembers Mallory and
Jensen agreed wi~h this interpretation.
JENSEN/MALL'ORY MOVED TO APPROVE STAFF
RECOMMENDATION TO NOTIFY APPLICANT THAT
THERE ARE NO PROVISIONS IN THE SUB-
· ~ : DIVISION WHICH ALLOW THE WAIVING OF'
THE 15-DAY APPEAL PERIOD. Passed 3-2
(Watson and Callon opposed),
It was explained to Mrs. Holbrook that
the City Attorney has listed the
available options, and the Council must
follow the ordinance in this situation.
THE PUBLIC HEARING WAS HELD NEXT BUT
~7._~EISTED 'IN AGENDA ORDER FOR THE
PURPOSES OF THE MINUTES.
B. CONSIDERATION OF APPROVAL OF The City Manager reviewed the issue,
FINAL MAP, TRACT 6665 (PARNA~ explaining that the owner had requested
CORPORATION, PIERCE RD.) AND Council' consideration of the final
SDR--1426 map at this time; however, there are
~ conditions outstanding at this time.
The Publid Works Director explained
that,-because of the cancellation of
the August 5th meeting, the matter
was on thisagenda. 'He discussed the
! outstanding documentation and commented
that the dates on the bonds will have
to be changed accordingly. He also
noted that the written approval of
the City Geologist had not yet been
~ received.
:' 3-7/15/81
AGENDA ACTION
The Public Works Director also dis-
cussed the recommendation,made by the
geotechnica~ people concerning the
/;"~"~ maintenance period for this subdivi-
, sion, which was that there be annual
) ~ inspections for a 3~yearperiod after
development is completed, and that
"' ' provisions should also be made for the
maintenance work that is needed. He
__ explained that the--immediate impact to
,i. ~ the developer wo~ld be the cost of
maintaining the bonds'~or an extra 2
years. He noted that the developer
sees no reason why it should be extend-
ed;
Steve Bernard, representing Parnas
Corporation, stated that they were
prepared to accept that 3-year con-
dition, provided that they were allowed
to reduce the bond after the first year
to a more reasonable level. Determina-
tion of the amount of the bond after
the first year was discussed. It was
the consensus that the condition
should be added that the 3-year main-
tenance period would be reduced to the
necessary requirement of a maintenance
bond at the end of the first year;
the value to be set by staff. It was
noted that if the determined value at
the end of the first year is signifi-
cantly less than i0%, it will come
back for Council review. Leonard
Borello, of the Parnas Corporation,
concurred with this condition. The
outstanding conditions on each tract
were clarified by the City Attorney.
Councilmember Jensen stated that she
would like to see the outstanding
items completed!andf~oul~ike~tolcontiffuethe
matter.
MALLORY/CLEVENGER MOVED TO ADOPT
RESOLUTIONS NO. 1373-02 AND 1426-02,
CONTINGENT UPON THE OUTSTANDING ITEMS
BEING RECEIVED BY THE END OF THE MONTH.
Passed 4-:~ (Jensen opposed).
IV. PETITIONS, ORDINANCES, AND
RESOLUTIONS
A. ORDINANCE AMENDING ORDINANCE The Deputy City Attorney explained the
NS-S, THE ZONING ORDINANCE, revisions that had been made and
WITH RESPECT TO CERTAIN SEC- approved by the City Council at their
TIONS CONCERNING DESIGN REVIEW last meeting. He stated that there
AS IT RELATES TO SINGLE-FAMILy: had been a consensus at that time, in
DWELLINGS AND THE REQUIRED view of the tfme constraint, that the
NEGATIVE DECLARATION (Second ordinance would be adopted. staff has
reading). been instructed to~proceed,lhowever,
with the preparation of an amendment to
i n c o rp o r a t e ~'~?.~ ~ ~f~i~R_~z~-'7~l'. "' r ~ ':-
Board. At that time any other areis
4-7/
AGENDA ACTION
that may prove to be a problem as the'L
'ordinance is applied can. be addressed.
Further discussion followed on the
"~ changes, and the Deputy City Attorney
~ ~\. iclarified, at Councilmember Jensen's
/', ~request, the sectio~s"of the ordi-
~.f,~,, nance dealing with public hearings
· . and the variance procedure. He also
iexplained Section 12, dealing with
'Exceptions.
I~ '; ~Bo 193~9 C~isp Avenue
,~..~ ~ i ' b Cirell, , spoke
!to the fact that he felt the public
should be notified that the final
,- IDesign Review Ordinance is on public
~display and can be reviewed, in order
ito have public input. It was pointed
out to Mr. Cirelt that this item has
been noticed at the Planning Commission
level and the City Council level for
quite some time.
Mayor Callon stated that she would not
be voting for the ordinance because
she feels the standards are too
restrictive. She commented that she
feels the City has gone way overboard
in asking people to come in and submit
to public hearings and go through the
expense of preparing documents,
because the threshold is too low.
Councilmember Mallory also stated that
he would not be voting for the ordi-
nance. He indicated that he thinks it
is a professionally written document
but opposes it because there are a
number of standards in Section 5 that
are too restrictive and provide an
excessive burden on the right to
develop your property. He added that
he believes that it is going to reduce
the creativity in housing and there will
be an excessive number of appeals or
requests for a variance. He believes
that the residents who will be making
changes will feel these restrictive and
excessive rules in the future.
Councilmember Watson stated that he
woUid vote for the ordinance because
~el~;;feels this community has become
one where a transition has clearly been
indicated, and is a city of people who
want to retain a character. He feels
this ordinance goes a long way towards~
~reserving this.
]ouncilmember Clevenger stated that
she would vote for the ordinance.
She explained that she was the Council
representative on the original commit-
tee set up to prepare this ordinance,
and she feels it is in response to
S-7/lS/S1
AGENDA ACTION
· problems which have repeatedly come
up before the Planning Commission and
the Council. She stated that she
--~- feels that changes can be made, but
" '~ this is an adequate start.
Councilme~ber Jensen stated'that she
.... ? would vote for the ordinance. She
feels the City has'needed this for a
long time and feels it is an overall
,:"~',"':""-: good compromis~-'."Sh~'Fadded that she
~"~ -----'/ Considers it a C_o~_n_ci~:sponsored ordi-
nance; even the Councilmembers who are
going to vote against it had a lot of
their ideas incorporated in it.
JENSEN/CLEV~NGER MOVED TO READ BY
TITLE ONLY AND WAIVE FURTHER READING,
Passed 5-0.
JENSEN/CLEVENBER MOVED TO ADOPT ORDI-
NANCE NS-3.47. Passed 3-.2 (Callon and
Mallory opposed).
B. ORDINANCE ADOPTING BY REFERENCE JENSEN/MALLORY MOVED TO WAIVE FULL
THE SANTA CLARA COUNTY ANIMAL~ READING AND INTRODUCE THE ORDINANCE
CONTROL REGULATIONS PERTAINING BY TITLE ONLY. Passed 5-0.
TO QUARANTINES AND REPORTING
REQUIREMENTS OF COMMERCIAL
ANIMAL HANDLING ESTABLISHMENTS,.
C. RESOLUTION SUPPORTING SB 215 The City Manager reviewed the resolu-
tion for consideration. Mayor Callon
stated that she is not'in favor of any
increase i~ gas tax. She feels the
point that Saratoga should make is that
due to the increase in tt~e~cost'Ofr'~as~tb~
~ale~tax"o~g&s'isr,enormous and the State
has greatly increased their revenue as
a result. She stated that she feels
the City should appeal to the State
that they take the sales tax produced
by gasoline and devote it to trans-
portation needs.
Councilmember Mallory stated that there
is a definite need for help in the
local area for maintenance of roads.
He added that the City could send
two messages: (1) We like a portion
of the bill, and (2) we would like to
see what you are talking about.
Councilm~mber Watson stated that he
wo~ld .l~k~.'t6 ~end.~wo messages':
(1) local application for maintenance,
and (2) reallocation. rather than
addition-. .
Mayor'Ca'lion suggested that there be
an additLon }o the resolution, stating
that the City does not support a 2¢
increaSe. in gas tax, and they should
6~7/15/81
AGENDA ACTION
take the increased revenues they are
currently receiving and devote them
to transportatio~ needs.
Councilmember Watson stated that he
k felt the Council should reject SB 215,
~ -~' since in the ,final reading th~°. request
is going to be-lost and' it will gO
forward and do e~c~y what it was
......... .= intended to"do .i7hitiafly.
The City Manager commented that the
legislature has found that the State
was not able to meet its current level
of services with the amount of revenues
available to it in the General Fund.
As a result the State has taken away
from the cities and counties some of
the subventions and sharedrevenues.
He stated that he sees no alternative
for them to meet .th'e"LCi't~ ' ~ ~6~U'irements
without some additi~Hi'I taxi"
Councilmember Jensen stated that she
is in favor of the sales tax applied
as long as it doesn't build new free-
ways. If it goes strictly for main-
tenance and stays at the local level
she is in favor of it, because the
City needs it.
Councilmember MallOry stated that he
is in favor of it and feels it is a
very modest
feels the people are interested in the
maintenance of roads and Saratoga has
to look to ways to get money for this.
Councilmember Watson stated that, in
addition to not adding tax, he feels
the City should redefine their priori-
ties, which is to find alternative
forms of transportation,
CALLON/MALLORY MOVED TO SEND A RESOLU-
TION AMENDED TO SHOW T~T THE CITY= DOES
NOTZ'SUPPORT SB 215~E
SUPPORT AN INCREASE IN THE GAS TAXj~
HOWEVER, THE CITY DOES SUPPORT THE
OTHER THINGS THAT ARE POINTED OUT.
Passed 3-2 (Jensen and MallOry opposed).
Councilmember Jensen stated that she
: would favor additional tax in order
[to just keep up the ~r$~'t~ cap~t~'i"-
~ i~iF~fi~Zq~b~Ca~s ~'~fi~.~:~'6 l~L~sH~l e t
~'~a~iBra~e ~he~ ~e '~i~ aoUid
Mtake action.
7-7/15/81
AGENDA ACTION
V.PUBLIC HEARING 8:00 p.m.
A. APPEAL OF PLANNING COmmISSION ~ The City Manager reviewed the appeal.
DENIAL OF TENTATIVE SUBDIVISION The Planning Director briefed the
-~ , APPROVAL FOR TEN LOTS ON TRICIA Council on the subdivision, stating
/ ~yAY (Applicant/appellant, David that the principal issues were (1) num-
bs, S. Wilson) ~ bet of lots on a cul-de-sac, (2) length
" of the cul-de-sac,'and (3) number of
location of two-stories. It was noted
__~,._~ that the Publi9 Work~ Department had
~' f. indicated that~the mos't, logical and
.... safest way was:-to_b~ve _~ccess on Tricia
Way; however, the neighbors were not
in favor of'this access because of the
increased traffic.. The Planning Direc-
tor pointed out that the General Plan,
as well as the Subdivision Ord%pance.,
indicates as a matter of police that "-
there only be 15 lots on a cUl-de-sac
unless there is an emergency access.
He added that this project does have
an emergency. access provided in the
cul-de-sac.to Saratoga-Sunnyvale Road
which does meet that provision.
DisCussion followed on the length of
~the cul-de=sac and the possibility of
ifull access onto Saratoga-Sunnyvale
!Road. The Public Works Director
stated that it has been an effort of
the City to minimize the number of
streets intersecting thoroughfare
streets, particularly streets such as
Saratoga-Sunnyvale Road which has a
heavy traffic volume. He explained
that to access this would require
U--turns at Blauer and Paramount. and
creates an additional maneuver in a
traffic stream of heavy volume, which
adds to the hazards of the roadway.
The Planning Director discussed the
proposed soundwall, including land-
scaping, sound-proofing and the
appropriate setbacks.
The public hearing was opened at 8:20
p.m.
Bob Saxe, attorney representing the
appellant, stated that the engineer
wa's present tonight to explain how
the design of the adjacent.Pinn
Brothers subdivision, which he pre-
pared, was done in such a way that
Tricia Way was intended to be the
extension to serve this property. Mr.
Saxe quoted the Staff Report on this
project, which states that the project
complies with all objectives of the
General Plan and requirements of the
Zoning and Subdivision Ordinance. He
pointed out that this proposal speci-
fically provides for emergency access
" '8u7/15/81
ACTION
and is consistent with the language
in the General Plan. He noted fhat,
regarding the length of the cul-de-sac,
i the Planning Commission had agreed
that it was not realistic to take
access directly onto Saratoga-Sunnyvale
Road; therefore, he felt the finding
could be made that Tricia Way is the
only feasible access. Mr. Saxe dis-
cussed the traffic_.an~~_pointed 'out
that 'the Public"'Works S,~aff had stated
!that there wouid-=be--~o?traffic impact
as-a resul~ of th.is project.
:Dave Wilson, the ~ppellant, discussed
the development of the project, stat-
ing that~ after much ti.me and study,
they had determined 'that the most
intelligent' and well p~anned develop-
ment would be an extension of Tricia
Way. When questioned about alterna'-'. ....
tives, he stated that if the City
I makes the determination that Saratoga-
~SunnyVale Road is a better access to
~the property, they will investigate
that access. Mr. Wilson discussed
the proposed landscaping along Sara-
toga-Sunnyvale Road.
Mr. Richard Kier, engineer, described
the soundwall, including its location
and setbacks.
Thomas O'Donnell, the attorney repre-
senting the neighbors on Tricia Way,
showed a chart indicating the loca-
tion of the signators on the petition
whfch 'had previously been submitted
against the project. He explained
that his clients are not against the
development of the property, but are
concerned about access and density:
Mr. O'Donnell ~tated that they~x~Q_lTd:
like to see the access be right turns
onto Saratoga-Sunnyvale Road, and if
the Council does not feel that.to be
a satisfactory solution, t, hen they
wo'uld like the number of homes to be
reduced to 6. He pointed out that
a right turn onto Saratoga-Sunnyvale
Road does not seem to be that dan-
gerous, and they are concerned with
the safety of the children.
Pat Carroll, resident of Tricia Way,
discussed the proposed access onto
Tricia, stressing concern that there
are 18 children in the 9 homes on
Tricia Way.
Ro'nald Pizaiali, 13123 Regan, stated
that'he had not seen any other
alternatives from the developer, eve~
9-7/15/81
AGENDA ACTION
though promised. He expressed con-
cern over tree removai, specifically
/_ ..... at the e~trance point into the expan-
sion of the cul~de-.sac. He added
~ J,~ '\ that they were'only asking for an ex-
.: tension of the current access to
~- '~' Saratoga-Sunnyvale that already exists.
Mr. Touns, 13035 Regan Lane, expressed
~" -- concern over th~"t~ff,ic and the
L..~_~,----~ height of the h0u~s~._The Planning
Director explained that each home will
be going through design review.
Gil Troutman, 13070 Regan Lane,
commented that two-story homes would
completely block his view. He expresse
a desire for a stop sign on the corner
of Tricia W.ay and Regan and also on
Argonaut and Regan, in order to slow
down traffic. He indicated that he
.. , felt a traffic light at Saratoga-
Sunnyvale would slow down traffic
sufficiently to make a safe access onto
that road from the new development.
' "- Alan King, 14690 Fieldstone Drive,
.: spoke to the fact that he believes that
th~L~Planning Commission erred in this
dec'ision, and he feels the project
does mee't the intent of the General
Plan and the local zoning. He added
.. that he feels the Planning Commission
· ,, should.'have co~ditioned the develop-
ment for single-story homes, which
-' - would be appropriate for the community.
Bob:Granum, Tricia Way, referenced
the petition wxth 72 s~gnatures that
. had been submitted, opposxng this
- - development. He stated that he has
the rig.ht.-to preserve the well being
of ~s Yamil~landjroperty value, and
when he purchased his home there was
., clearly a tempoyary curve at the end
of the cul-de-sac. He noted that the
i'n{tial~taff'Rep0rt had been changed
'~ and it'now.says tha~ an option does
' exist. He stated that he had con-
"" ' tact~d. CalT~ans, who said' that an accesS'.
· ·- can Be provide.d on Saratoga-Sunnyvale
Road if a r~asonable plan is presented.
-' · ' H~ d~ged that',this proposal be
.', referred back to the Staff or developer
for alternative solutions.
Mr. Saxe again addressed the Council,
clarifying that construction traffic
on Tricia Way could be avoided by
constructing from Saratoga-Sunnyvale .
Road up the existing'd'~'7~: He also.
commented thdt they are 'agreeable to
lO-7/lS/S1
I- .ACTION '-
the condition of one-story homes.
Mr. Kier explained that the sub-
division map for Pinn Brothers very
clearly shows the extension-of Tricia
Way and also indicates a temporary
turnaround easement that was granted
to the City by the developer.
WATSON/MALLORY MOVED TO CLOSE THE
PUBLIC HEARING (5-0),.,_
-CLEVENGER/JENSE~ MOVEb'THAT THE
APPEAL FOR SD-1489 BE DENIED.
Councilmember Clevenger stated that
she felt 15 homes should be allowed
but no more. She added that she felt
the overall cumulative traffic impact
of a future development at Cunningham
Court should also be considered. She
stated that the access should be from
Tricia Way and not Saratoga-Sunnyvale
Road, and the issue is the number of
homes on the cul-de-sac. She would
approve this cul-de-sac if there were
only 6 homes on it and it would not
exceed the 15 homes that the City
advocates.
Councilmember Jensen concurred. She
expressed the desire for the access
to be moved to preserve the cluster of
fir~trees. She also indicated that
she would like Staff to explore the
possibility of a stop's~gn at Argonaut
and Regan and Regan and Tricia Way.
Mayor Callon indicated that she did
not feel 10 homes would add much more
traffic than j~?, but expressed concern
about thelength and design of the
cul~de-sac. She suggested the possi-
bility of the developer either
reducing the number of homes and
shortening the cul-de-sac with access
onto Tricia, or open the access onto
Saratoga~Sunnyvale Road with the full
number of homes. She added that she
felt openings on Saratoga-Sunnyvale
are dangerous, bu~ if ,there were just
10 homes, irma? be' po'~sible.
The City Manager pointed put that
this is not 'a d6 'nero hea~ing and the-
issues to be considered at-~histime'~
are those that were presented to the
Commission."He explain'ed that, while
~he Council may express preference or
indicate its views with regard to the
project, it woUl*d 6~'inappr0priate to
condition the 'concluSiohs Or findings.
It was clarified that the issue of
access' is .appropriate, but it would
..
ll-7/lS/81
AGENDA ACTION
not be appropriate to amend the
tentative map. Howe'ver, the Council
~ .......~ can give the developer an indication
'.~, of the direction they feel he should
,-~ take.
~ ......~ Councilmember Watson.stated that he
feels the significant issue is the
number of cars that~would impact that
~ '~ area; however,-H~i~?sensitive to the
%..
,~, _3- fact that Mr. Wilsoh-_w6uld like to
develop this i~-th~ most efficient and
effective way. He concurred that
there are alternatives that have not
been explored that can minimize the
~ impact to adjacent people, and, for
that reason, he would support a denial
of the application.
The Planning Director clarified the
fact that the developer could come
in with a new map with 10 homes that
had access only off of Saratoga-
Sunnyvale Road, provided that he meets
all the necessary street standards
and was able to meet the lot widths.
Councilmember Mallory stated that
he would vote against the motion,
because he feels very strongly that
there should not be a permanent access
onto Saratoga-Sunnyvale Road with
the increased ho~sFs in this area. He
added that he t~i~s-that the emergency
access is proper on Saratoga-Sunnyvale
and that Tricia Way should be used for
the .full access. He explained that
~ f~Hb_ ~6~'se~/~F~e~6O~enfj~d~d~d~ai~~
~ain' th~ b~Fc~ c~ar'~Ci~r o'f' ~i~i~. '
He basically feels there is no reason,
because of the emergency access, to
only have 15 homes in this area and
feels this proposal is a moderate one.
The f~ndings were discussed by the City
Attorney.
CLEVENGER/JENSEN AMENDED THE MOTION
TO DENY THE APPEAL ON SD-1489 WITHOUT
~ PREJUDICE, MAKING THE FINDING THAT
THE PROPOSED SUBDIVISION DOES NOT MEET
THE TERMS OF THE SUBDIVISION ORDINANCE
BECAUSE IT DOES REQUIRE A CUL-DE-SAC
IN EXCESS OF 400 FEET WITHOUT SECON-
DARY ACCESS, AND THEY CANNOT MAKE
THE FINDING REQUIRED BY SECTION 13.34
WHICH PROVIDES AN EXCEPTION TO THAT.
Passe~ 4=1 (Mai170ry opposed).
lZ-7/iS/Sl
AGENDA ACTION
VI. BIDS AND CONTRACTS
A. AUTHORIZE EXECUTION OF INSUR-I JENSEN/MALLORY MOVED TO APPROVE
._I ....~ ANCE AGREEMENT WITH INSURANCE INSURANCE AGREEMENT AND'AUTHORIZE
Y '%COMPANY OF NORTH AMERICA (INA); CITY MANAGER TO EXECUTE ON BEHALF OF
~1 !FOR MULTI--PERIL, LIABILITY, AND CITY. Passed 5-0.
~ . ., iUMBRELLA COVERAGE WITH LIMITS
'OF $10,000,000 FOR FISCAL YEAR
1981-82.
-:~ ' NOTICE TO. ?HE PUBLIC ........ -
All matters listed under Item VII, Consent:Calendar, are considered to be routine
by the City Council and wil.1 be enacted b¢ione motion in the form listed below.
There will be' no separate discussion of these items. If discussion is required,
that item will be remove~ from the Conseni{Calendar and will be considered
separately. Vote may be by roll call. f~
VII. CONSENT CALENDAR The City Manager requested removal of
Item C.
CLEVENGER/MALLORY MOVED ADOPTION AND
APPROVAL OF ITEMS A AND BON THE
CONSENT CALENDAR. Passed 5-0.
A. CITY TREASURER'S REPORT - JUNE. APPROVED.
B. DENIAL OF CLAIM FOR DLMAGES: CLAIM DENIED.
ROSE MARIE HORVATH
C. PAYMENT OF CLAIMS The City Manager explained-that there
was an error in th~ preparation of
'WarrantNo.'34380 on page 4 of thb
Warrant Register. He stated that this
amount should be $2,000 for the Medfly
litigation suit, and the check will be
reissued.
JENSEN/MALLORY MOVE6'TO APPROVE ITEM
C, WITH THE AMOUNT BEING CHANGED TO
$2,000 ON WARRANT NO. 34380. Passed
4-1. (Watson opposed, stating that he
feels the full amount.should be paid.)
Discussion followed with the City
Attorney on the expenses for the
Medfly Suit.
Councilmember Jensen commented that
sh6 felt the Council was obligated to
pay the bill as submitted. 'She
explained that the Council had been
given only an estimate of expenses.
She felt that the issue was that the
City has pulled out of a suit that
may eventually protect some cities.
~ Mayor Callon stated that the Council
agreed to start out the lawsuit on
the basis of the estimate. She pointed
out that Mouhtain View had also paid
only $2,000.'
Council~embe~ Watson stated that he
felt that, although there was a
communication diffic~lty,.the attor-
.~_,, ne "s
.- ,., y services were expended in
." .-. Saratoga's behalf,,~nd the City 'was
'~ ~ ~ ~bligate~ to p'a~'.the'bill.
~"' Councilmember Mallory stated that
he felt ther~ was a lack of communi-
cation. .He'did not feel Saratoga was
"~"~ ~bliged to cOve~ery~hing that the
't~--~---Y' .- aFtbrney did, ~.nce-.the~Council had '
authorized $2,000.
Councilme~ber Cleveng~r stated that
.. ithe Los Gato~ attorney gave Saratoga
-' !an upperlimit.of $750 to $1,000. She
noted that the City Attorney had
discussed this with th~ Los Gatos
attorney and has left it to the Court-
· cil's good judgment to determine the
City's obligation.
It was th~ majorify feeling that
$2,000 was adequate.
VIII. ADMINISTRATIVE MATTERS
A. MAYOR'
B. COUNCIL AND COMMISSION REPORT
1. Parks & Rec'~eation Commis-~
sion
a. AuthoriZation for the: The Director of Cqmmunity Services
Japan B'amboo Society of reviewed th.e program.
Saratoga to Use a Pot-!
tionLof H~kO'n~'Garden. WATSON/MALLORY MOVED TO'AUTHORIZE
PREPARATION OF AGREEMENT. Passed ~-0.
C. DEPARTMENT HEADS'AND OFFICERS
D. C'ITY MANAGER ·
1. Street Closure for 16th MALLORY/JENSEN MOVED TO APPROVE RESOLU.-
Annual Fall Festival TION NO. 1026 DECLARING THE 1981 FALL
Parade and Race. (submitted FESTIVAL PARADE/RACE AND THE TEMPORARY
at meeting) . CLOSURE OF BIG BASIN WAY. Passed 5-0.
IX. ADJOURNMENT . Adjourned atll:47 p.m.
Respec'tfully submitted,
c