HomeMy WebLinkAbout02-17-1982 City Council Minutes MINUTES
SARATOGA CITY. COUNCIL
TIME: Wednesday, FebI~sry 17, 1982 - 7:30 p.m.
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. ~OLL CAT.T,
Councilm~mbers Clevenger, Jensen, Mallory, Watson present at 7:35 p~m.
Mayor Callon absent.
B. MINI/fES - 2/3; 1/6 (Capital improvement budget item); 1/20 (Mayo appeal)
J~qS~IqyMALLORY MOVED APPROVAL OF M]]qLFi~S OF 2/3. Passed 4-0.
MALLORY/J~qSEN MOV~) APPROVAL OF MINUTES OF 1/6 (capital improvenent
budget item).' Passed 4-0.
MALLORY/WATSON MOVED APPROVAL OF MINUTES OF 1/20 (Mayo Appeal) WITH
ADDITION OF VERBATIM TRANSCRIPT OF FINDINGS. Passed 4-0.
II. ~ICATIONS
A. ORAL
Ernest T. BarCO, 19101 Camino BarCO, stated that Planning Con~nissioner
Virginia Laden had participated in discussions as a Cc~missioner which _-'involved
apparent-= COnflict of interest because of her ewployment by a develop-
ment COrporation; he also presented a letter to that effect. Mayor Pro
Ten Clevenger requested the City Attorney check the COnflict of interest
law and write a response to Council with a COpy to Col. BarCO.
B. WRITteN
#1 COncerning appointment on Heritage Cc~ission to be COnsidered with
appliCations.
#2COncerning AAA Pedestrian Protection Progran referred to staff.
03 andc'#~:-~o.ncern.ing support for Area A General Plan to be COnsidered
with General Plan.
#5COncerning truck traffic at Paul Masson Winery noted.
#6COncerning dangerous pede~t~ian. cresSin5 at Cox near Miller refer~L~d
tO staff for report.
#7COncerfLi~gI-' sponsorship of Veterans Day Parade--COnsensus not to
sponsor such a parade.
#8COncerning- reduction of building density in Ps category to be filed
with Measure A materials and COnsidered with zoning ordinance.
#9COncerning support for Senate Constitutional Amendment 7--censensus
not to support.
#10 concerning Youth Science Institute noted.
III. SUBDM SIONS, BUILDING SITES, ZONING REQUESTS
None.
IV. PETITIONS, ORDINANCES, AND RESOLUTIONS
A. ORDINANCE OF THE CITY OF SARATOGA CONSOLIDATING THE G~qERAL MUNICIPAL
~,FCTIONS OF THE CITY OF SARATOGA WITH THE JUNE 1982 PRIMARY ~.FCTION
AND IN JUNE OF EACH EV~q-NUMBER~D YEAR THEREAbTER (second reading)
Councilmember Watson stated that the ordinance should be adopted beCause
it saves money and encourages voter participation. Councilmember Mallory
said that June was a bed time for the election beCause of budget timing;
he also objected to consolidating with a primary becahse there would be
so many other issues and candidates on the ballot with local issues. He
intended to vote for the ordinance only because it was recu~l,ended by
the Secretary of State. Mayor Pro Ten Clevenger pointed out that this
2-2/17/82
ordinance had been discussed previously when adopted Decenber 16, 1981.
JENS~Xq/MALIDRY FIDVt~ TO READ ORDINANCE 67 BY ,TITLE ONLX., Passed 4-0.
WATSON/J~IqS~Iq Ff)VED TO ADOPT ORDINANCE 67. Passed 4-0.
B. RESOLbTIGN COMM~IqDING BOB BAPTISTEI
J~IqSI~q/MALIDRY MDVED TO ADOPT RESOLL~ION 1056. Passed 4-0.
C. RESOLLFfION ~ING GORDON C. PAYNE
MALLORY/WATSON FOVED TO ADOPT RESOLUTION 1057. Passed 4-0.
D. RESOLUTION REVISING SALARY CHANC~Iq, PERSOBEqEL POLICY Ak~ FRENGE
B~IqEFITS FOR THE MAN/~TMMENT EMPIDYEES OF THE CITY,OF SARATOGA
Councilmenher Watson noted that Manage had presented request for salary increase
in anclosed session, resulting in heated discussion. He had opposed salary
increase as being too large, but he intended to vote for it to avoid a tie vote
which would only delay passage of the increase for two weeks. Councilmember
Mallory, stated he believed the increase was justified.
M_ALLORYZWATSON E TO AEOPT RESOLUTION 85.9-55. Passed 3-1 (Jensen opposed).
E. RESOLUTION MAKING APPROPPJ3LTIONS ADJUSTMENTS FOR MANAGRI~iNT SALARY
MALLORY/WATSON MDVED ADOPTION OF RESOLUTION 1058. Passed 3-1 (Jensen opposed).
· F. , INTRODUCTION OF ORDINANCE TO ESTABLISH ~'~:~: FOR' SERVICE RESPONSE TOFFALSE
INTRUSION ~
City Manager explained rationale for ordinance. Councilmsnber Watson stated his
beliefe that the feeshould, be larger, b~- it should not_be charged for the
first alarm. Councilmember Jensen felt that the fee should be $35,' but that it
should be charged for all alarms so that all costs could be recovered. Council-
member Mallory concurred, stating that residents should pay for the services they
need. MayoriPro/~en Clevenger agireed that the City should not subsidize those
who have burglar alarm systens. In answer to her, City Manager explained that
there would still be a number for autn~atic dialing systems to call into and that
lists of' those who have alarms would be confidential. Mayor Pro Tern Clevenger
then noted that appeals to the Council might take up significant time. She then
asked whether any members of the public would like to speak on the proposed
ordinance, and no one appeared to spe~k.
J~lqSEN/MALLORY MOVED TO READ ORDINANCE BY TITLE GNLY. Passed 4-0.
JENS~lq/MALIDRY MOVED TO E SSETIONCT.0.38 OF THE ORDINANCE TO P~DVIDE FOR A
SERVICE CHARGE FOR E~EH FALSE ALAi~M, INCLUDING THE FIRST. Passed 3-~ (Watson
opposed).
Councilmember Mallory reiterated~ the importance of recover:~g costs of services,
and CouncilmemtP_r Watson stated that one of the City' s responsibilities was security.
Councilmember Mallory felt that if the City ensured that the $50~,000 required to
provide the service were recovered, it would strengthen future provision of service.
Mayor Pro Ten noted that after system had been in operation for about six months
the Council could find out whether costs were being recovered.
Since the hour of 8:00 p.m. had arrived, Mayor Pro Ten Clevenger proceeded to
public hearings as required.
V. PUBLIC HEARINGS
A. A~PEAL OF D~I~IAL OF VARIANCE TO CONSTRUCT AN ADDITION TO AN EXISTING TWO-
STORY RESIDENCE WHICH E~:~:~:~8 THE FLOOR ARFA RATIO BY GREATER THAN 5% AT
19384 CHABLIS COURt (Appellant/applicant, James F. Elder)
Ruthann Elder, wife of the applicant, explained that she was requesting a de novo
hearing on behalf of her husband. She stated-that the design of the house is
suitable for the area and. that the neighbors did not object.
3-2/17/82
Oscar SoB, architect for the project, stated that the addition was needed by
the applicant. He explained further details about the design, stating that it
was aesthetically pleasing, and that nearby neighbors also had large families.
with need for space.
Councilmember Watson questioned whether all neighbors in the area would need
provision for five autonDbiles, and Mr. Sohns stated that it was a problem which
the Elders needed to provide for.
MAILORY/WATSON MOVED TO SET FOR DE NOVO PUBLIC HEARING MARCH 3. Passed 4-0.
B. APPEAL OF DECISION OF PLANN]IqG CIPPiISSION FOR USE PERMIT 514 TO MODIFY AN
EXISTING NON-CONFORMING ~ECESSORY STR~ OVER 6' IN HEIGHT IN THE
REQUIPID REAR YARD AT 19467 SARAROGA-LOS GATOS ROD (Appellant/applicant,
Jerry W. Jordan, John Henricks)
John Henricks rose to speak as one of the applicants. He stated that new information
needad to be brought to the .Council, so helfelt a de nevo hearing was~warranted. He
then noted that Shelley Williams was present and was~willing to speak if the Council
wished.
Shelley Willie~s, the realtor whose firm had handled the house, recomendad that the
Council look at the property before making a decision.
.MA~RY'/J~qS~ MOVED TO SET FOR DE NOVO PUBLIC HEAR]I~G MARCH 5. Passed 4-0.
Mayor Pro Ten Clevenger then proceeded to agenda items preceding public hearings.
IV. PETITIONS, ORDINANCES AND RESOLUTIONS (continued)
G. INTRODUCTION OF O~DINANCE REGARDING REPAIR OF MOTOR VEHICLES IN RIGHT OF
WRY AND PRIIrATE PROPERTY.
City Manager explained ordinance and,n6tedzthat~=hethad no information as [o whether
this ordinance was warranted by the number of complaints received. Councilmenber
Je~sen suggested that only one vehicle per household be allowed under the emergency
repair provisions. Councilmemk~r Watson stated that enforcenent might be difficult
and costly; he felt there should be a public hearing, as did Councilmember Jensen.
J~I~SEN/MALLORY MOVED TO SET PUBLIC HEARING FOR MARCH 17. Passed 4-0.
Councilmember Jensen and Councilmenk~r Mallory roved and seconded a rotion to intro-
duce the ordinance, but,after discussion, withdrew it so that Council would have an
opportunity to review the ordinance further and prepare any changes they wished to
suggest at the time of the public hearing.
VI.BIDS AND CONTRACTS
None.
VII. CONS~T CALENDAR
Jens~n'=rembvedEItem E; Watson removed Item F.
MALLORY/JtlNSEN MOVED ADOPTION AND APPROVAL OF ITEMS A-D. Passed 4-0.
A. DENIAL OF CLAIM - JA~ES STEWART
Claim denied.
B. CITY TREASURER'S REFORT - JANUAR~
Approved.
C. FINAL ACCEPTANCE OF IMPROVEMENTS, SDR 1362, JAMES DAY, MARION ROAD
D. ~ANCE OF DONATIONS FOR SARATOGA COb~4UNITY LIBRARY.
Approved.
E. RESOLUTION FOR NATIONAL ENGINEERS' WEEK
WATSON/MALIDRY MOVED ADOPTION OF RESOLUTION 1059. Passed 5-0.
4-2/17/82
F. APPNOVAL .OF WARRANT LIST
City Manager explained several individual items at request of Councilmembers.
WATSON/MALIDRY MDVED APPROVAL .OF WARRANT LIST. Passed 4-0.
'~CZZVIII~TADMINISTRATIVEZMRi~I'E~S
2 ~ A. MAYOR
B. COUNCIL AND CCM~ISSION REPORTS
1. Planning C~'~,LH ssion letter on Housing Element
CONSENSUS TO SET FOR STUDY SESSION F~i~RUARY 23, INVITING PLANNING OCE4vLISSION TO
-RI'I~D IF THEY WISH
C. DEPARTMENT HEADS AND OFFICERS
1. Ccal~ unity DevelOp~en~ Director'. '~_ , ' '
af bR&D6itqreitere~uestetofexclude ]~at%'.!bhcmessfrom the rec~rement
of building site approval for over 50% expansions.
CONSENNSUS TO CONSIDER AT A lATER DATE A~T~R K~qANS HAVE BEtlq NOTIFIED OF REPORT.
2. Planning Director
a. Report re: .. Saratoga. Heritage C~m,~ssion
Counci~ Mallory suggested that Warren Heid be considered a~sthe individual
filling the architect/planner position rather than as the appointee of the
Historical Society. MayoriPro Ten expanded on the idea, stating that the Council
could C~nsider Mr; Heid as filling beth-positions, leaving. three to be filled
rather than four. Councilmember Jansen favored interviewing all applicants.
CONSENSUS TO HAVE APPLICANTSiINTERVIEWED BY T~O COUNC±I/~I~R~S: MRS. J~SEN
WITH MRS. CALLON (OR COUNC~ WATSON OR MALIDRY IF CALLON CANNOT).
· b. Report re: Adult Entertainment Facilities
Planning Director explained options reconmended by staff. City Attorney spoke
briefly about ordinance. Mayor Pro Ten Clevenger stated that Option 1. was a
fairly simple ~adition to the present zoning ordinance, and City Attorney
concurred.
MALIORY/JflqStIq MOVED TO ADOPT OPTION 1 DESCRIBtD IN STAFF REPORT DA~'~U 2/9/92
WHICH WOe EXPAND CHAPi'kR{ 10 OF THELZONINGEOBDINANCE TO INCLUDE CABARET, ADULT
BOOKSTORES AND MOVIE THEATRES, AND MASSAGE AN~) CULTURE STUDICB AS BEING EXPRESSLY
PPOHIBiTED WITHIN THE CITY. Passed 3-1 fWatson opposed).
C6~i~ Watson commented that his opposition was based on the la6k of need
for such an ordinance in Saratoga.
Councilmember Jensen brought up the possibility of a "figleaf ordinance" which
would involve restrictions on display of materials on newstands and other places
accessible to the public view. Mayor Pro Ten Clevenger directed staff to look
into "figleaf ordinance" also.
c. Peport re: SB 1093, Petris (Mandatory Density Bonus for
Parkland Dedication)
MALLORY/JENSEN MOVED TO OPPOSE BII,I, AND St~) APPROPRIATE L~T~'~S TO OFFICIALS.
Passed 4-0.
Councilmember Mallory stated he felt the bill restricts freedom and allows the
State to tell municipalities what to do.
d. Report re: SB 1209 (O'Keefe)
Councilmember Mallory stated he would support bill because it made certain
5-2/17/82
elements optional rather than mandatory, gi~ihg cities their rightful
responsibility to make the decision. Councilmember Jensen felt the
bill sot up a priority system ~nong elements, which she objected to.
Councilmsnber Watson said that what was being made optional would
affect Saratoga deeply. Mayor Pro Tem Clevenger requested that City
Manager write appropriate letters COncerning bill, since there were
still three Councilmembers in opposition to the bill.
D. CITY MANAgeR
1. Report on changes in progran for training of Japanese Garden Specialist
City Manager explained circ~nstanees which necessitated changes in
progrmn. and proposed revisions. He also mentioned that approving program
COuld focus attention on Hakone Gardens and COuld be an initial step in
a further plan, that of developing a foundation to suppDrt Hakone Gardens.
An initial appeal to the public COuld be made for donati0ns) he said,
for a gift to the people of Japan to bezpresented ~-by Mr. Tomlinson and
for proper hosting of the exchange gardener frcm Japan.
MALLORY/J~NS~Iq E TO APPROVE THE 8-WEEw TRAINING PROGRAM IN JAPAN
AUTHORIZE $1300 FOR ADDITIONAL PART-TIME STAFF. Passed 4-0.
Councilmember Watson stated he felt the training and develotm~_nt of a
foundation would be an excellent investment to protect the extraordinary
beauty and craftsnanship in the gardens and the tea house.
CONSMqSUS TO DIRECT CITY MANAGER TO PRDVIDE PUBLICITY FOR PROGRAM AND
SET UP MEANS OF RECEIVING DONATIONS AND TO Pt~C~:~:- WITH DEVELOPM~INT OF
A FOUNDATION CONC~T TO SUPPOET HAKONE GARDENS.
City Manager and Coaneilmember Mallory took note of the detezmined efforts
ms~e by Barbara Sampson to retain the training program in spite of great
difficulties.
Mayor Pro Ten Clevenger then returaed to Council reports.
B. COUNCIL ~ CC~IMISSION REPORTS (COntinued)
Mallory reported that the League of California Cities was planning a march
on Sacrsmento March 10 and a legislative conference in June; be recommended
Councilmenbers attend. Mayor Pro T~n Clevenger stated she would be in
Sacrmnente in March.
Mallory inq~i red as to Governor' s bedget, and City Manager explained that
about $250 million was to be reroved frcm the motor vehicle license fund,
reducing Saratoga's largest single source of revenue by about $413,000.
That isuDiahned 'tS:'.be-~n~!ibrated; h~-'said, by a "safety net," which
would not reduce these revenues below a certain level, as well as
certain revenue offsets. He suggested that residents become informed
about issues and writer Coveraor expressing COncern.
CONSENSUS TO DIRECT CITY MANAgeR< TO WRITE A STRONG I~TI'~R TO THE COVERNOR
WITH A COPY TO THE NEWSPAPERS SO'THAT CITIZtlNS COLriD USE IT AS A FDDEL
TO WRITE THEIR OWN I~TI'~RS; LETI'~:R WOULD Otk]~X3T TO GOVERNOR'S PLANNED
MEANS OF BALANCING HIS BLIX~EI' AT EXPENSE OF CITIES.
Watson noted that his son was to be representative of his high school
in the presidential classrocm progrsm, having been assisted by the
City Manager. He also noted that he was seeking input frcm certain
businesspersons ~oncerning improvement of cable television sorvice
and means of gaining revenue therefrc~n.
Clevenger reported that she had received complaints about loed radios on
c COnstruction sites; City Manager reco~mer~ed that he be informed so that
staff COuld notify those causing problems. about noise ordinance. She
then reported a COmplaint about excessive lighting, and City Manager
asked to be informed about those cu~Lplaints also.
Mayor Pro Ten Clevenger noted that City Attorney wished to a~d an it~n. to the agenda.
ADD~IqDI~4 TO AE WITH BLACKWRI.T. HOMES
6-2/17/82
City Attorney explained that addend~n had been prepared to resolve problen
of where building site approval would apply to paired.lots.
WATSON/MALLORY MDV~ TO APPROVE ADDEL~ A~D AUTHORIZE CITY ATTORNEY TO SI~
L~I'I'~R AND RETLrf~ IT TO B~,T. HOMES A_qTORNEY. Passed 3-1 (Jensen opposed).
Councilmember Jensen stated she voted against the motion because she had not
had a chance to look at the addend~n.
IX;~, ADJOUrNmeNT
~-~e meet~'~q ~as edjourned at 9:~0 p.m.
Respectfully submitted,
~race E. Cory
Deputy City Clerk