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HomeMy WebLinkAbout10-21-1981 City Council Minutes SL~M~ARY MI,NLT_ES SARATOC~A CITY~ COUNCIL TIME,: Wednesday, October ~], 1981 - 7:30 p.m. PLACE: Saratoga City Council Ch~Ders, 13777 F~uitvale TYPE: Repular Meeting ADJOURNED REGULAR MFA~TING - DiScussion of Budget - 6:00 p.m. Conmunity Center Meeting Room I. ROLL CALL ' ~11 C~uncilmembers present. II. REVIEW OVERALL BUDGET ISSUES III. REPORT FRDM ~-~]xlAGFI~ ON: a. Police Services Alternatives b, Street Maj.ntenanc~ Costs c. Parks and Recreation COnmission d. City~ Attorney ServiCes IV. ADJOURN TO LIGITATION SESSION REGULAR MEETING - 7: 30 p .m. Council Chambers I. ORC=ANIZATION A.Roll Call - Councilmembers Clevenger, Jensen, M~llory, Watson, Mayor Callon. All present at 7:35 p.m. B. MINUTES - 10/7 Ma] lory/Watson moved to adopt. Passed 5--0. II. CO~UNICATIONS A. Oral Warren Held, ~ ~630 Biq Basin Way requested that Council. ceh~ider. approval of street i~rovemants for half street, Alpha Avenue at Forest Hills Drive. Mayor Cx~!]on stated that the item could be considered under ~r]ministrative Matters. B. Written #1 concerning opposition to early ~elease of Sirhan Sirhan': consensus to direct that resolution be prepared.to that effect. #4 concerning zoning of schooi s~_te:; j6~sensus to direct' City ~lnaqer to contact schoo~ d~ stricts inform]n~ the~n they may-initia~ Ceneral Plan changes ~h~mse]ves and informing fh~n h~ to do so. #9 cDncerrdnq traffic prob].~n referred to City Manager for comment. #~0 concerninq Kos]ch property referred to C~nera! Plan Conmittee. #1] concerninq conmercja] activity at Brookview School referred to Planning Conmission. Ren~_ing items informationa3.. ilI. SUEDIViSIONS, BUILDING SI_~ES, A~ ZONING R~UESTS. None. PETITIONS, ORDINANCES AKD RESOLUTIONS. A. Heritage Conservatjon Ordinance (first reading) City ~nager ezpJain~l possibilities for preparation of plan called for by ordinance. Councilmember Jensen expressed concern about lim/ted sdope of ordinance with respect to Heritage Lanes and other matters. Mayor Callon requested Mrs. Jensen to draft suggested chanqes and bring to second reading of 0rd]nance. Malloilz/Watson raoved to read by title only and introduce. Passed 5-0. .Mayor Callgn oroceeaed to Public H.ea~ngs as required 'by ordinsanc~.' V. PUBLIC HFARIbE~S A. _.O~Dortunity fo~ Citizen Input on 1981-82 City of Saratoga Budget CityManager reviewed financial situation of City, including fact ~bat revenues were reduced by Proposition 13 and havenot risen significantly since then; infls~i6n~= is high; no siKnificant new*revenue sources have been developed. The public hearing was opened at 8:05 p.m. MarEaret l~alen, 14i40 Vidtor, spoke a~ a reDresentative of Friends of Libraries -':r~questing that'funds be pr~v{ded"for the repairof the Village Library building. Bill ~btz, 18276.Purdue, spoke as President of the Sunl~nd Park Home~ners Association, reouestin~ that ~olice serv{ces be.retained at the present level and that the Code F~forcene~t Officer not be cut. Greg Nellis, , 18366 Clens.on, also spoke in favor Of Dolice services a~d the Code ~hforcement Officer, end he reconmended no cut ~n ~ta~f salaries. Joyce'Hla+a, 20137 Guava Court, spoke for imorovir~g the areawhere .Saratog~$unnyvaleRoad enters the City; she favored develo~nne~.t of a masterplan to .guide development ther_e. Dottie Hgnilton, 13193 Via Arriba, spoke aKainst cutting patrol services or crossing' ~Kuards. No one further a~L~aring to speak, the ~u~lic hearing was closed at 8:25 P.m. "B. AOpeal of Denial of V~riance to Allow construc[ion of a Second-Story Addition to an Fxisting One-S~ory Structure which Exceeds the Floor Area Ratio by FDre than 5% (ll%maximum) at 19783 Colby Court. (_A~plicannt/Appellant Rsbert Sc}~artz). Th~lDubli~earingwas opened at 8:30 p.m. P~bert Schwartz spoke as the appellant. Ha contended that'the proposed addit{On was necessary because of family circumstances, that revised figures showed that the proposalwas only 7 s~,~re feet over the 5%disC~etior~ry increase allowed and that his case had Dot been handled properly by City staff. He also pointed out that the neigjnbors did not object to his proposal. Jim KerrLick, 19786 CDlby Court, spoke in'favor ~f the appea..i, as did Albert Baker, 13237 DeSanka; Mary Jean Van peborgh 18693 McFarland; Andy Beverett, 19597 Via MDnte; Dottie ind~le.~m~il~o~--13193~ Via Arriba. .Mr. ~amiltonalso submitted a letter from Dottie Noeggerath 12950 Pierce Road, favor.~, the appeal. No one further aDDearitl~ tO speak, the public hearing was closed at 8:55 P.m. City Attorney reviewed the findings that were necessary in order to-grant '~ '~ the aDDeal. Councilmember Clevenger expressed her belief that the f!ndii~gs could all be made and that the project met the intent of the ordinance, which ~s to maintain ~e character of the nei~hborho6d. Cc, mcilmemDer Jensen s~upported the aPPeal while pointing out that the appellant had s~bmitfed incorre6~' 'informa- tion to the staff; she suF~gested. that ,the aDDel!a.nt correct the impression,which had been disseminated to large number~ of people, that the ~tsJSf was uDreasonable. Mayor C~llon stated that she supDorted the appeal ba~ed on the merits of the case rather than the identity of the appellan~ and other peripheral matters which had been brought forward; she noted that she had voted against the design revi~v ordinance under ~Lich the appeal was being considered and believed that it was too restrictive and might need to be changed. Councilmember Mallory also noted problems with the design review ordinance and supported the appeal on its merits. Councilmember Watson supported the findlngs to grann the appeal. CLEVENGER/MAILORYMOVED TO GRANT V-557 AND A-785 AS A VARIjtNCEOF 7 SQ. LIARE ['~t~P. Passed 5-0. C. Appeal of Denial of Tentative Subdivision Approval for 10 Iots on Saratoga- Sunnyvale Road fWilson Developnen~ Corporation, Applicant/appellant). The public hearing 'was opened at 9:iS'p.m. Dave Wilson spoke as the appellant. He stated that the plan for access off Saratoga~Sunnyvale Road was acceptable to all p~rties,involved, but that he would like to have a study session with the Council tQ discuss possible alterna- tives. Jay Kier, engineer for the project, stated that the right-of-way width should be 40 ~feet in the staff report; he also ~aid that the soundwail report needed to be revjsed for the present map. Bob Saxe, attorney for the appe!]ant, rc<iuested · a study session to explore alternatives William Kinder, 20412 Tricia, spoke ~m"=favor.~of.r access from Highway 9. Bob Granum, 21421 Tricia Way, spoke in favor of the proposal, adding that.the c~]-de-sac was ihtended to be temporary, and permanent curbs and gutters should be ~nstgl]ed. Jim Chiao, Tricja, spoke 3-10 in favor of the appeal, as did Pat Car~(51i, 204]8 Tricia Way.' Mr. Carroll coranented ~jnat he had written a form letter signed by many residents in favor of .the appeal. He also stated that the City or the developer Should work with Mr. Granum and Mr. Chiao to reaqh an aesthetic solution to the cul-de-sac development. William Gloegge, 13109 Regan, also spekel in favor of the appeal. Jensen/Callon moved to continue to 1]/18 at 8:00 p.m., with the intention of dis- cussing issue at a study session 11/10. ' Passed 5-0. Ron Pizziali, 13123 Tricia, expressed frustration at not having the issue settled. The Council recessed'from 9:45 p.m. to 10:00 p.m. .D.' Appeal of revocation of horse license at 20885 Wardell (Appellant, Ronald J. Knapp) Staff ,eJ~p, lajn,e~.?ap~t~,.~l,i and j~gt,..ed .t~.~t,_,a, pp~!~a~,~ had asked.-for an-extension. The public hearing was opened at 10:05'p.m. ~arshall Hall, 20865 W,~rdel-l!i,. spoke against the appeal, as did Mr. and Mrs. Moon, :12651 Arroyo de Arque]_lo; Jim Whalen, 20901 Wardell; and John Durnya, 12675 Arroyo de .Ar,auello. No one else appeared to speak. Watson/Jensen. moved to continue to 11/4 at 8:00 p.m. Passed 5-0. Mayor Ca] lon then decided to move beck to items appearing on the agenda' before public hearings, since no one was.present to speak on Item V.E. IV. Pk~TITIONS, ORDINANCES ~\~D RESOLUfIONS (c~ntinued) G. Resolution designating intersection 6f Chateau Drive and Wocdmont Drive as a yield intersection. City Menaqer explained that stop sigh was not warranted by state and federal guidelines, but that yield sign would solve problem of ambiguity of right of way. StYyen W. Bowman, 12882 ,Woodmont, sFg, ke in favor of a stop intersection rather tt~n a yield intersection. Staff pointed out disadvantages of installing unwar- ranted stop signs and presented gujdbljnes 'for stop intersections. Bob look, 20123 Chateau, spoke against a yield~ intersection, as did Aram ~anjigian, 12875 Woodmont. Mr. Bo~nan stated that a ~esident was willing to pay for a stop intersection. 'Jensen/C]evenger moved to accept offer of cjtizens to pay for 4-way stop sign. Passed 3-2 (Callon, M~llory opposed)'. ~ayor Callon then proceeded to Item V.E. V. PUBLIC HF~ARING E. Considerat]on of City's participatjoh under the Housing end Con~nunity Deve]ol~nent Act (cOntinued from 10/7) City Manager noted that changes in f~dera], regula~tions had taken place very recently to broaden the application~6, f block grant,monies. Some cities have therefore decided to rescind joint pewers agre~nents in connection with the nDnies with the j~tention of increasing the proportion a~,].ocated to the cities and increasing their control over 'it~ Ire recc~mended against rescinding the current joint powers agreement, .at !~ast until it was clear what form a new one might take. Councilme~bers inquired as to whether Saratoga proposal. might change; whethen SI{AR? money could be applied to 'str.eets or sewers; whether sub- sidized housing might be imposed. Staff replied ,that changes in Saratoga proposal would not be reconm~nded; regulations on appl]cation of SHARP money have been samewhat re]~xed~ e~hasis:' ~on subsjdized housjng has .been lessened. Council- agren~n~x~s~ce~ce~r~yt~o~no~.rat& with other cities on rescission.before Clevenger/Mallo~y moved to adopt ResOlution 1035.1 z:escindinq City's participation under the Housing and Conr~nity Development Act. Passed 3-1-1 fWatson opposed; Jensen abstaining). The public hearing ~as opened at .11: ~5. No one appeared to sF~ak. Watson/Jensen moved tO continue to 11/4 at 8:00 p.m. Passed 5-0. M~yor Callon then proceeded to Item IV.B. 0/21/81 IV. PETITIONS, ORDINANCES AN]D~ P~ESOLUTIONS B.Resolution accepting dedication of ~ight-of-way (SDR 1387 and SDR 1388, Big Basin Way) City ManaGer explained that recxDn~ndation was to accept dedication of right of way to provide relief to Mr. Rosenfeld. He also stated that City was investigating possibility of fi~dinq agreement of sale in default, since Mr. Masek had not developed propert~ within one year; City may seek to re- acquire property or enter into new agreement. Jensen/Mallory moved to adopt. Resolution ID00'acdeptinq'dedicati6n?'of 'riahtcof"way from Joseph Masek .and tO"direCt Jam~s Ro~ehfeld to prodeedI With' cCnstrdctio~ of temporary access across the public way. '. Passed -~5-0, .: ', ,~. f' ~I .. C. Resolution ~Rprovinq and authorj zjng execution of second addendum to joint exercise of _Dowers agreement, buildihg inspection services between the Cjty of Monte Sereno and the Cj ty of Saratoga. Watson/Jensen ,moved to adopt Resolution 1038. Passed 5-0. D.Resolution ap!~jf~Eing City Manager as. Treasurer Mallory/Jensen moved to adopt Resolution 1039. Passed 5-0. E.~esolution prohibiting parking on a portion of Fourth Street . Council discussed opposition of Village merchants to proposed prohibition and need for parking spaces as opposed to need for rocxn for 'access to parking lots. Jensen/Mallory moved to adopt reso!~{tjon. .Failed 2-3 (Callon, Clevanger, Jensen opposed) . F.Resolution. prohibiting parking on a portion of Quito Road. jensen/Mallory moved to adopt Resolution MV-148. Passed 5-0. DYote: ih~n IV. G. had been dealt with earlie.r. !I. Ordinance prohibiting the discharge Of pollutants into stom drains or watercourses (secor!d reading) ', Jensen/~allory moved to read Ordinance 38.103 by title only. Passed 5-0. Jensen/Ma!!ory moved to adopt Ordinance 38. 103. Passed 5-0. Mayor Callon proceeded to Item VI?A,. VI. BIDS AND CONTRACTS A. Notice of Completion - Signal modi~ications at intersections of Cox Ave./Saratoga Ave. and Allendale Ave/Quito Road ' Jensen/C]evenger moved to accept completion of work and to direct that notice of completion be filed. Passed 5-0. B. Award of Contract - Overlaying of ~cCoy Avenue and Prospect Road Jansen/Clevenger moved to award con, tract to overlay McCoy to Piazza Construction in the amount of $27,840.00 and the contract to overlay Prospect to Sweeney & Sons in the amount of $28,277.20. ,Passed 5-'0. VII. CONSE~NT CALENDAR.. Jensen/Watson moved to approve Consent Calendar. ~assed 5-0. A. Final building site appro~ral, SDR 1497 (Charles ~bss, Austin Way) Resolution 1497-2 adopted. B. Resolution designatjnql intersectio~ of H~ll Ave. a~d Montalvo Rd. as yield intersection. Resolution MV-149 adopted. C. Denial of claj/n - ~onique Ernest Claim denied. 5-10/21/81 VII. CONSt~ CALENDAR (continued) D. Denial of claim - Eunice I~rmett . Claim denied. E.Approval of warrant list. Approved. F. Treasurer ' s Report - September Approved. VIII. ADMINISTRATIVE ~I'I'ERS A. MAYOR Reported on I~ague of California Cities convention end upconung ABAG Ceneral AsSembly, B. COUNCIL kND COP~[ISSION REPORTS :' Jensen - Reported on rental of sewage treatment capacity to SP~I Jose; possible routing of Cuban refugees to Saratoga. Ca] lon- Psported on possibility 6f using CalSECDA ~rogram for!raising revenues through municipal utilities rather than for drafting solar ofdineuaces. ~4~,] !ory - Reported that he had redeived a resume of an individual who should be considered for .the Finance Advisory Cc~mittee. Watson - Reported on possibility of developing foundation for City which could accept c~ntributions from corporations. Mallory - Reported on upoomino Peninsula Division meetfng ,and problems at ~ound Table Pizza Pa~lor. C. DFi~?J~/T~,~ffP FFADS AND OFFICERS Staff reported that street improvehints on Aloha and Forest H]].i, which had been brought up during Oral Comunications ~y Warren Held, were complete' and recor~nended that they be accepted for construction only. Sensen/Mallory moved to accept street improvements for half street, Aloha Avenue at Forest Hills Drive for Saratoga Union School District. Passed 5-0. D. CI2Y MINACER a. Report on request for water assessment district proceedings in the Northwest Hillside area. .. Councilmember Jensen expressed reservations b~cause of possibility of City liability, in case of iandslides damaging water lines. City AttQrney stated his opinion ~hat city_,. would not be liable because c~,nnerShiD 'wou].dlbe:=transf~err! Who :b~d made'Original-r~q~es[~. state3. that funding had been arranged and ~at City would be reimbursed for expens~ .' Watson/Ma].!or~/mp. ved to initiate process for water assessment district. Passed 4=1 (~ensen opposed). Shelley I.qillia~s, a 'men~r of the wes~ valiey Multi-~odal Transportation Corridor Task Force, 'cc~nented on several items on the agenda. IX. ADJOU!q~MF~.mU Jensen/Callon moved to 'recess at 12:0~ a.m. to litigation sessionj Passed 5-0. Reconvened to open session. Adjourned to executive session on meet and confer process on 10/27 iramediately following Cor~nittee of the Whole. Respectfully submitted, GraCe E. Cory Depnty City Clerk