HomeMy WebLinkAbout03-17-1982 City Council Minutes MINIYi~S
CITY COUNCIL
TIME: Wednesday, March 17, 1982 - 7:30 p.m.
PLACE: Council Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL - Clevenger, Jensen, Mallory, Watson, and Callon present
at 7:31 p.m.
B. MINUTES- 3/3
JENSEN/C~.RVENGF. R MOVED ADOPTION2OF MINU1YS WITH CORRECTIONS NOI'~o BFJ_OW. Passed 5-0.
p. 3,-para. 6 - Clarified that Jensen motion was to amend motion.
p. 9, Iten VIII.A. - Clevenger,rlnotuCallon, reported she was ~mable to attend
ABAG General Assembly.
II. COM~I/qICATIONS
A. ORAL
Klaus Pache, owner and operator of The Plunsd Horse at 14555 Big Basin Way,
stated that he had posted a $25,000 txDnd for a future traffic signal. He
had later requested the bond be changed to a letter of credit but had received
no reply, he said. Mayor Callon requested a response for Mr. Pache at the
meeting of April 7.
John Newnk~n, 15070 Stratford Court, Monte Sereno, expressed interest in having
· ' several cities cooperate in providing utilities. Mayor CallonDDidtedout that
his letter would be considered under Written"Ccmmunications.
B. WPJ'IT~N
#1 supporting fees for false burglar alarms - noted.
#2 opposing multiple housing or zoning for lots smaller than 12,500 on
Congress Springs School site -referred to staff for reply.
#3 concerning response to fire alazm - 10-minute response time noted.
#4 concerning scbl bus re-routing =c~eferred to staff for response to Council
Apr._21. Darwin Barrett, 14050 Marilyn, spoke in favor of previous route.
#5 supporting construction of West Valley Freeway - noted.
#6 requesting access sign on Prospect Avenue - referred to staff for response
to Council.
#7 requesting clarification of plumbing restrictions on UP 514 - to be con-
sidered at Item IV. B. 4.
#8 supporting municipal provision Of utilities - referred to staff.
#9 providing report of Ombudsman program - referred to staff for reply stating
that Council needs only Saratoga statistics, but one staff person should
receive entire report.
III. SUBDM SICNS7 BU]TDIlqGTSITES~CZON]!NGLREQUESTS
None.
IV. PETITIONS, ORDINANCES AND RESOLUTIONS
i A. Resolution authorizing appropriation of fund reserves for the purpose
of deferred c~k0ensation payments
Deputy City Manager explained that adju~n~nt~"to~deferred'compensation payments
had not been made since progreta was established to replace Social Security in
1978; ~fter she determined that such adjuetrnents had been intended inl the
original agreement, she ~r~pared resolution providing for the appropriation of
the funds. Mayor Callon noted that although it was not clear frem the record
what intent of Council had been, she accepted staff' s interpretation hassd
cLRVENGER/WATSON MOVMD APPROVAL OF RESOLUTION 1062. Passed 5-0.
2-3/17/82
B. Resolutions making f~ings o~ p~v~us actions
lutz re Gener lan Amendment 82-1-a (Congress
1. & 2. Reso 'ons Ln
Springs School site) ~and Ordinance amending Zoning Ordinance
1. Resolution a~pr6~i~_g:.~amendmen~t6'~Gen~ral Plan and making findings therefor
City Manager explained new procedure for making findings on decisions
through resolutions officially ~opted by Council; resolutions are to set
forth basis for Council decision to facilitate court review.
MALLORY/WATSON MDVED TO ADOPT RESOLUTION 1063. Passed 5-0.
Councilm~m~be±cjef~sen~exp~es~ed~cence~[~-th~tcthe~arhendment might not be' consistent
with the rest of the General Plan because the Open Space Element~ req~]i red Council
2~b~ider the Congress Springs School Site as open space, so that a Land Use
Elenent could not be done ~n~til an Open Space Elenent change had been done if
the~fi~ding~of consistency with the ~eneral Plan were to be made.
2. Resolution adopting Negative Declaration
MALLORY/CLEV~NGER MOV~ ADOPTION OF RESOLUTION 1064. Passed 4-1 (Jensen opposed).
Councilmember Jensen noted that although the proposed loss of open space may
be justified, it is not subject to a Negative Declaration because it is not
subject to mitigation. Councilmember~ Mallory reiterated that he was concerned
about a lack of creative preblem~solving with the site, but wished to move
ahead since it had advanced to this point. Mayor Callon pointed out that the
present action was only a zoning chan~e and that other needs could be ~dressed
ing the Zo g Ordinance by amending the Zoning Map
' regarding APN 391-04-11 frc~ Agricultural to R-1-12,500
WATSONTCALLON E TO INTRODUCE ORDIlqANCE~BYjTITLE ONLY.~7_WAIVINGi~FL~THER'~O~ ~
RFADING~'" Passed 5~0.
Councilmember Jensen stated that she Savored larger-lot zoning and referred
to the old~ecord to mitigate the preblen which an enviromnental impact report
would have addressed.
dte n
3. Resolution making e rminatio of approval of appeal and
making determination of findings in re UP 511 (~ppli~lnt} Hagan;
appellant~ Cross et al. ) ~
M~yor Callon expressed objections to findLn s as prepared: she believed two-
. g
story design was incc~patible only along Bucknail Read; that the finding con-
cernj_ng a lack of need for senior citizen hensing should be deletedl bec~use
issue was not fully addressed; and th~ finding concerning rural~ character
should be deleted because any multi-family development would not conform
with thes~lial~-~h~iacter provisions o~ the General Plan, but there are pro-
visions in the General Plan which would allow for such develoFment- Council-
member Mallory agreed.
CALLON/MALLORY MOV~I) TO AMEND2FI~DINC~ IN ACCORDANCE WITH THE ABOVE STATEMENTS.
Passed 4-1 (Jensen opposed).
JENSEN/WATSON MOVED TO ADOPT RESOLUTION 1065. Passed 5'0.
4.Resolution making determination of appeal and making dete~j~nation
of findings in re UP 514 ~(appiicant/a~pellah~i~6r~an/Hen~icks)-
Mrs. Clevenger assumed the place of Ma r. Mrs. Callon refrained f~Dm 's.c~ssion.
city ger noted the appli i£ications szen
of previous meeting to allow installation of toilet; Mr. Robbins had requested
that toilet not be allew~dl Council discussed whether plumbing should be
allowed, ~and ~ty DeveloFment Director stated that if a sink were allowed
a sewer hookup' would be re~/uired.- He~ c~mented that the~ Code might allow a
hookup which would be a~equate for a ~sink 'but not for other plumbing. City
Attorney pointed out that plumbing ~c~_~nnection could be-allowed, but installa-
tion of a toilet prohibited.. Coun~s expressed fear that such a
· ~ r
situation could not be properly mor~to ed - -
Councilmember Jensen moved that the r~esolUtion be aaopted with a mDdification c
of the findings on page two sta~in~-'JNo plumbing or sewer connections shall be
allowed." There was no second.
3-3/17/82
City Attorney stated that the nntion was inconsistent with Council' s previous
action and that if Council wished to follow that course of action they would
need to reconsider the matter at a subsequent meeting. Councilmember Jensen
protested the length of time that would-take for what seemed to be a small
detail.
WATSON/JENSEN MOVED RECONSIDERATION OF THE APPEAL.AT'THE MEETING OF APRIL 7.
Passed 3-1 (Mallory opposed, Callon r~Dtt.rpai~i~ipating).
Mayor Pro Tern Clevenger reiterated that Council intended to prohibit sewer
connections to prevent installation of a toilet, which would be difficult
to detect and would permit building to be used as a second dwelling.
Mayor Callon resuned her position as Mayor and proceeded to public hearings
as required.
V. PUBLIC HEARINGS
A. Appeal of design review approval for second story addition to a single
story residence at 13030 Houston Court (Applicant, R. Vernal; appel-
lants, M. Christiano and S. Calhoun)
MALLORY/JENSEN MDVED TO SET FOR DE NOVO HEARING AS REQUESTEU BY APPELLANTS
ON APRIL 7. Passed 5-0.
B. Ordinance restricting vehicle repairs in residential districts
(first reading) (continued from 2/17)
City Manager explained provisions of proposed ordinance.and recalled that
Council had set public hearing so that public would have an opportunity to
provide input, there being doubt as to whether the ordinance was needecl.
The public hearing was opened at 8:30 p.m.
Ernest T. Barco, 19101 Camino Barco, stated that there was a definite need
for the ordinance because of the number of people perfonming maintenance on
autanobiles. He reccmnended raising the issu~'~of equity amond the various
penalties in the ordinances with the Planning CEmnission.
Bill Notz, 18276 Purdue Drive, spoke as President of the Sunland Park Hcmeowners
Association, stating that the group supported the ordinance as well as the idea
of covering costs incurred through fines.
Robert Leon, 19744 Solano, spoke against the ordinance, saying that it is too
restrictive and prevents enforcement officers from working on mere inportant
matters.
Dan Guiterrez, 18445 McFarland, zspoke in support of the ordinance on behalf
of the E1 Quito Hc~neowners Association. He stated that their problems were
similar to those of Sunland Park; many ccmplaints had been received concerning
autc~obile maintenance being conducted in an annoying manner.
Margaret Sherrill, 14290 Paul Avenue, spoke in suppert of the ordinance because
of her experience with excessive numbers of autcmobiles being repaired in public
view. She felt the undesirable effects radiated from the immediate area. She
suggested ~Hding storage of cars to the ordinance, and she requested that Council
visit the sites which had required frequent police intervention and patrol.
Frank Lynn, 18718 Afton Avenun, spoke as a resident of the Quito area who agreed
with Mr. Guiterrez's ccmnents. He stated that he was experiencing what was in
effect a cunuercial body shop operation which ought to be controlled; the equip-
mant was stored in a garage, but the maintenance was carried on outside, creating
a noise problen. 'Z-z -~tZJ7 i
MAEEOR_Y/JENSEN MOVED TO CLOSE PUBL~C~HEARINGrAT~ 8 :.45 .~: P~ssed~.5.0 ~ ?_CS~nci~discussed
possibility of continuing public hearing rather than closing it, and metion and
second were withdrawn. JII~SEN/MAIiORY MDVtD TO RECONSIDER PREVIOUS MOTION AND
CONTINUE PUBLIC HEARING TO APRIL 7. Passed 5-0.
City Manager stated that City was constrained frcm making fines equitable in
the manner suggested by Col. Barco because Proposition 4 and Proposition 13
provided that service charges could not be set in an amount greater than the
reasonable cost of providing the service; the charge~for false alarms was a
service charge rather than a penalty. For infractions, State law sets certain
maximun anounts which may be chargad, he said. He also noted that State law
regulated how long a vehicle could be parked on public right-of-way before
being considered abandoned; other ordinances regulate storage of vehicles on
private property.
4-3/17/82
In response to Cot~lcilmember Jensen, he stated that ~torage.--of2~inoperable
vehicles on private property waspr6] ~ited by ordinance. He then stated
that the intended means of enforcement was through octplaints from the
ihtro~]uce by ~itle only. Motion was 'withdrawn
after Councilmember Jensen expressed[ a desire to anend ordinance. She
wished to add to paragraph 3, Sectio~n 10~30 (within five ~(5')iconsecutive
days) "!'from the date first reported ~to the City;" a now paragraph 5 stating
"No such repair shall be permitted on more than one vehicle per household at
one time;" a now paragraph 6 stating~ "Storage of disabled automobiles in'_
public viow for longer than 5 days .beginning with date of first repOrt shell
not be allowed;" and number paragraph 5 as paragraph 7. Council discussed
anleDEanents. City Attorney reported that current restrictions prohibit
unlicensed or inoperable vehicles f ~L being stored on private property
for more than 120 hours.
MALLORY/CLEVENC~sR MDV~ TO AMEND THE ORDINANCE ADDING TO PARAGRAPH 3,
SECTION 10-30 (within five (5) censecutiv~e days) "frcm the date first
re~orted to the City." Passed 5-0.
MALLORY/c~.~v~NGER MDV~D TO INTRODUCE ORDINANCE BY TITLE 0NLY, WAIVING
FURTHER READING. Passed 5-0.
The public hearing was continued to April 7. Councilmember Jensen expressed
concern that the noise ordinance allowed 'too much noise for a residential
area.' The'Council then recessed fr~ 9:05 to 9:20. Mayor Callon then
proceeded' to 6nfinishedcitems preceding public hearingS.'
IV. PETITIONS, ORDINANCES, AND RESOLUTIONS (continued)
5'. Resolution ..m~Tkingidete~tidn'{ofc'appr6val-bofcappe~t.,. and making
'f~sj.in.~reiA=-8Q4~2andI V~568,~(Applicant~,$Etdef).
Councilmember Clevenger suggested' a ~hange in the findings such~_thatl-.thez~u?
reference to an eyesore would be r ved and further explanation of the
~ogic of enclosing the area defined ~ supports below the addition would
be added; these changes would be in paragraph 2.
JENSEN/~.RV~qGER MOVED TO ADOPT RESOLbTION 1066 WITH CHANGES SUGGF~T~U
BY COUNC~ER CLEVENt{~K. Passed 13-2 (Callon, Mallory Opposed).
6. Resolution approving request for reversion to acreage and
making determination of [findings in re Blackwell development
City Manager reviowed request and noted that it crmplied with provisions
in settlement agreement.rc~fsz!~.c S.a~zi-~i
J~gS~/WATSON MDVtD TO ADOPT RESOLUTION 1067. Passed 5-0.
C. Resolution revising the housing needs ~etermination for the City
of Saratoga b
Assisti%nt Planner Flores explained numbers were derived. Councilmember
Jensen asked whether City would be ~llowed to revise figures based on changed
land use policies again in the future. ~ssistant Planner stated he believed
any more land use Changes would have to fe incorporated into ABAG's procedures
in 1983. In· response to Councilmember Watson; Assistant Planner explained
figures for very~ll6w, low, and moderate inccme.
MALLORY/WATSON MOVED TO ADOPT RESOLUTION 1068. Passed 5-0.
Cotmcilmember Mallory cu[~ented tha{ he ~as not sure that Saratoga had any
further responsibility to provide h6uSin~, since the City had provided 10,000
housing units without any significant industry. He also objected to outside
future course, but he acce~ted it because
agencies' determining Saratoga's
it would' avoid legal preblens and w~s fairly minor in jJ~pact.
Councilmember Jensen and y Ca lo~n agreed, and Mayor Callon requested Ma or 1
that a letter be sent to the 'Legisl~ture inoting that Saratoga does not wish
to be told ·how to determine land use. C6uncilmenber Clevenger agreed, and
Councilmember Watson asked that it ~e sent to Saratoga's legislators spe-
cifically. Consensus to cul~leD~] staff for excellent work on the project.
5-3/17/82
Mayor Callon then proceeded to remaining items after public hearings.
VI. BIDS AND CONTRACTS
A. Agreement with Saratoga C~'l,LL~nity Garden for purchase of
'materials for installation of irrigation syst~n.
Councilmember Jensen asked whether volunteer work could be done under the
subject agreement, since certain regulations applied to projects acccm-
plished with Revenue Sharing money. City Manager replied that volunteer
work could be done; paid work would have to be performed under the prevailing
wage rates. Councilmember Mallory pointed out that ground was leased to
Cc~lnunity Garden by Odd Fellows and that City might lose its investment if
a change in the lease took place.
JI~qS~N/MALLORY MOVED TO APPROVE AE Ah~ AUTHORIZE MAYOR TO SIGq. Passed 5-0.
B. Proposed formation of Transit ASSIST Joint Powers and Conmunity Transit
Services Agency
City Manager explained history of propesai and ~ecc~mended approval. Stan
Carnekie, Housing and C~nity Develolm~_nt Coordinator, gave further details
on propesai. Counci~ Jensen noted that the cost would he less per ride
than the-'cu3sr~nt cost, which was confirmed by Mr. Carnekie. Councilmember
Mallory stated he was concerned with the goal .of 'reducing: farebox reql]i rement
to 10%; h~ifelt a more reasonable require~hent would be 20%. Councilmember
Watson believed that the program was worthwhile because it served a significant
number of r~idents. Councilmember Jensen felt it wasi a good"programLwhich
could be shaped into a better program. Councilmember Clevenger pointed out
that this type of program made it more practical for seniors to remain in
their pre.s~nt'l hcmes.
J~qS~IN/CLMVENGER E TO APPROVE E AND AUTHORIZE THE MAYOR TO SIG~ IT.
Passed 3-2 (Callon and Mallory opposed).
Consensus to appoint Councilmember Jensen as Council' s representative on the
bard.
VII. CONSENT CAI,ENDAR
Counci~ Mallory removed the warrant list from the Consent Calendar.
J~SEN/MALLORY MOVHD APPROVAL OF ITEMS A-E. Passed 5-0.
A. Resolutions hemring cities in Japan
RESOLUTIONS 1069 AND 1070 APPROV~D.
B. Re~olution proclaiming May 7-~14 as Child Passenger Safety Week.
RESOLUTION 1071 APPROVED.
C. Resolution proclaiming April as Neighborhood Watch Month
RESOLUTION 1072 APPROVED.
D. Resolution proclaiming April 11-17 as Science Fai~ Week
~ESOLUTIGN 1073 APPROVED.
E. City Treasurer's Report - Febm~ary
APPROVHD.
F. Approval of Warrant List
Councilmember Mallory questioned payment by City of Deputy City Manager' s
membership in California Wc~en in Goverr~ent. Deputy Cit~ Manager and
City Manager explained purposes of organization. Planning Cc~missioner's
expenses and locksmith' s charges were also questioned and ~xplained.
J]~qS~I~/CALLON MOVEDU APPNOVAL OF WARRANT LIST. Passed 4-1 (Mallory opposed).
VIII. ADMINISTRATIVE MA~TERS
p. 6
A. MAYOR
Mayor Callon requested other Councilmembers' rec~L~endations'for Heritage
commission members.
Mayor Callon then requested that Council reorganization be agendized for
the second meeting in?April.
B. COUNCIL AND ~SSION REPORTS
a r winter grading on Csmino Barco.
Councilmember Jensen requested '~ eport on
She then inquired as to the Saratega-Surmyvale undergrounding project;
Cu~,L,~nity Development Director Shook reported that his previous informa-
tion that private residences had c~ple~ed their undergrounding in the
area was incorrect. He stated that if the remain/rig property owner~ had
not converted within three weeks th~ City would take appropriate action
to have i ~p ' . ~ as te. the status of the
t accu llshed She then red
traffic signals at the Argonaut sho'pping center and at Lyle and English.
Mr. Shook stated. that the Argonaut '~signal had been referred to the General
Plan Citizens Advisory Cu~.~ttee. He went on to say that during the. process
of approval of a bank at that shopping center there had been discussions
of the access, and approval had b~n conditioned on the developer's
pliance with recfuir~d ' ~ ' .
rioter nia s ke 'as ,, . ssio er in
a P1 Cu, .
discussions on the'_bank. He stated that the bank had not been approved,
but only the~.variance for the park{ng 10t..
Councilmenber Jensen~red as to~ wh~ther-=an.ordinance 'amendment providing
th~t-~ tentative- ~ 666ld~be-. a. pprQ~d'k?y~th~rCo~nCir cbutd~be=Rres&htedL=to
City Manager replied 6~at ft was b~.~ing considered but was not a' high priority;
further, it was probably better to ,handle several such related ~ssues ~t a
time rather than piecemeal. i
Councilmember Jensen then asked whether the read improvenents on Vista
Regina were to be resolved. Mr. Shook stated he would discuss the matter
With the City Attorney. at the next opportunity.
c'~ evenger reported that the HCD Council was dividing the
Coun · C1
available reDnies, but Saratoga :rec~iVed~no more because all rehabilitation
programs were disallowed.
Councilmembe3r Mallory rep6rted on a conference on the causes of crime and
violence sponsored by John Vasconc~llos; the top priority was parenting
practices, and h~i~Duld be meeting with' people on that.
C. DEPARTM~qT HEADS AND OFFICERS
1. Administrative Services Director
a. FY 1982-83 ~CDA F~[d' ~ ·
. Lng. for the Saratoga Area Senior
Coordinating Comc~l
Admini a S sD
· 'str rive errice irector le~xplainad that clarification of Council's
intent had been requeSted'with respect {o matching rec~r~nent for funds
provided.
CONSENSUS TO DISCUSS USE OF HCDA FUNDS AT STUDY SESSION WHEI~ MDRE CONCRETE
INFORMATION ON AVAIlABILiTY OF FUMDS WAS OBTAINABLE.
b. Unexpended Village Library Funds
[
Report noted. Councilmembers Jensen and Mallory questioned perchase of
Catholic Encyclopedia and film reviews.
Re rt to unc
· po CO il regarding conflict of interest rec~renents
' in re CO1. Barco lette~
City Attorney affirmed that F~'ir pl
olitical Practices C~,Hssion had
been contacted, and previous memo ~frcm ~DepUty City Attorney reflected that
information. There was no conflic~cI of %interest involved in Cu~.~ssioner
Laden' s voting on land use issues or issues that involved statewide lobby-
ing by the construction or development industry. In response to Council-
member Watson, City Attorney replied that the FPPC regulations apply to
the financial interests of officeholders rather than to lobbying activities
with regard to one' s occupation.
City Manager stated that he had spoken with the Fair Political Practices
Cu~L,,~ssion.and found that State eonftict of interest law refers to specific
decisions; no one, as far as he knew, had asserted there was any direct
link on any specific decision made which would result in conflict of interest.
He also pointed out that any perceived conflict of interest should be brought
before the courts or the Fair Political Practices C~'~'H ssion, not the City
Council'. As to future possibilities of conflict of interest, he stated that
only the principal involved would have the power to request an opinion frcm
the FPPC.
CONSENSUS FOR CITY MANAGER TO TELEPHONE COMMISSIONER LADEN AND COL. BARCO
WITH ABOVE INFORMATION.
City Manager then brought up the cost of reproducing the draft General Plan
and requested Council's approval for charging $13.50 to cover costs of repro-
duction for the public. He stated that 100 had been printed and were available
at the Planning Depaf~ent; copies were also available for inspection at the 7 i~r
Library and the City Hall.
CONSENSUS TO PERMIT CHARGE OF $13.50 FOR DRAFT G~qERAL PLANS.
IX. ADJOURNMENT
MALIDRY/CT~VENGER MOVED ADJOURM~A~T AT 10:55 p.m. Passed 5-0.
Respectfully suhnitted,
Grace E. Cory
Deputy City Clerk