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Home My WebLink About04-21-1982 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 21, 1982 - 7:30 p.m. PLACE: Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSt1D SESSION ~"Litigation Matters - 6:45 p.m. City Hall Conference Rocm REGULAR ~TiNG I. ORGANIZATION A. ROLL CALL - Councilmembers Clevenger, Jensen, Mallory, Watson, and ' Mayor Callon present at ?:40 p.m. B. ~ - 4/7 Councilmember Watson asked that his n~ne be noted in the minutes as the person asking City Attorney a' qu~estion in the paragraph after motion on Item IV.A. (Cle~k'.s note: Review of tapes shows that Watson brought up the question and Clevenger and Mallory followed it up; all three names were added. ) Councilmember Clevenger asked that "Clevenger" be changed to ~Callon" as person requesting notification of property owner and association in Iten IVo Co CLEVENL~i~/MALID~ MOVMD APPROVAL OF MINUTES AS AM~qD~D. Passed B-0. II. ~ICATIONS A. ORAL Jerry' Jordan, 21463 Saratoga Hills Road, stated that the Council had acted unjustly in the case of UP 514 and asked that information concerning lawsuits and legal costs be published. Mayor Callon replied that the information was available at the City Hall.. Coun~ilmenber Watson stated that he believed Mr. Jordan had been well served. #1 concerning parade to be considered under Mallory' s reports. #2 concerning opposition to AB 2447 - no position. #3 objecting to disposal rate increase for businesses referred to staff. #4 supporting construction of Route 85 - information only. #5 reporting progress on Japanese Garden Specialist Program noted. Property Maintenance-Director stated that similar letter had been suhnitted to Saratoga N6~s. #6 and #7 regarding reorganization of Council - noted; item appears later on agenda. III. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS None. IV. PETITIONS, ORDINANCES AND REOSLUTIONS A. RESOLUTION PRDHIBITING PARKING ON A PORTION OF PASEO PRESADA C~LuL~nity DeveloF~nent Director reported that president of ~ers asso- ciation had been notified, as well as fronting property owner; no objections to tk3rking prohibition had been received. JEI~SMq/NATSON MDVED TO ADOPT RESOLUTION MV-153. Passed 5-0. B. RESOLUTION DESCRIBING IMP~S AND DIRECTING' PREPARATION OF ~NGINEER'S REPORT FOR FISCAL YEAR 1982-83, I2tNDSCAPING AND LIGHTING DISTRICT LLA-1 City Manager reviewed history of subject. MAIIORY/C~.RVENGER MDVED TO ADOPT RESOLUTION 1075. Passed 5~0. 2~4/21/82 Mayor Callon than proceeded to Item VI. A., since the bur of 8:00 had not yet arrived. VI. BIDS AND CONTR~ETS A.~ AGREIMEI~T WiTH SARATOGA CC~Rv[UNITY GARDEN TO OVERSEE OPERATION OF Property Maintenance Director explained history aa~dFprovisiOnsnof agreemant. Councilmember Watson noted that the program seemed to be a positive one, as well as self-sustaining. He asked who would be responsible for operational costs if the Cu,mLL~nity Gardan did not have th~sfdnds. Property Maintenance Director replied that CumLdnity Gardan staff would need to keep wee~s down if not all plots were ranted, but she 'believed all plots would be rented. She stated that plots would be about 10.' x 12', and there would be about 25. In response to Mayor Callon, she stated that plots would be restricted to organic gardening to give an opportunity tQ people who wished to gardan organically; this is done in Cupertino and San Jose. Councilmember Clevanger noted that those who do not wish to use pesticides cannot use facilities adjacant to those who do, so more people could be accu~odated~by restricting it to organic. MALLORY/J]lqSEN MOVED ADOPTION OF AGREEMENT. Passed 5-0. Mayor Callon than 'proceeded to Public Hearings as required by ordinance. V. PUItLIC HEARINGS A. APPEAL OF GRAN~ OF VARIANEE A~D DESI6t~ REV]ZW APPROVAL TO CONSTRUCT A SECOND-STORY ADDITION TO EXISTING ONE-STORY HOME WHICH WOULD MAIN- TAIN AN EXISTING WONCONFORMING S~i'BACK OF 32' AT 13030 HOUSTON COURT (Applicant, Dr. and Mrs. R; Vernal; appellants, M. Christiano and S. Calhoun) City Manager explained appeal in ganeral and sflhnitted a letter signed by the applicant which b~_j jus~ bean received. He stated that if'Council considered the letter an official withdrawal they~_cp_uld 'soub/Ll~;, but:~they might'LwiSh to render a decision on the appeal.' City Attorney noted that if no decision were ~endered applicant could sinply obtain a building permit because variance had already been granted. Mayor Callon stated that she felt CounCil ihLthat case must hear the appeal. The public hearing was opened at 8:10 p.m. Matt Christiano, 12970 Pierce, spoke as the appellant, stating that whan the plans cam'ez before the Plemning Cu~a~ission the plot plan as drawn was inaccu- rate. The proposed addition, he said, would face hisihoase rebre direcEly than the plan 'indidated~.B Mrs. Nceggerath, 12950 Pierce Poad~' spoke as a neighbor of Mr. Chr~stiano. She felt the addition would affect"Mr. Ctlristiano adversely~as to his privacy. No one further appea~ing to speak, the public hearing was closed at 8:15. CV.RVENGER/CALIDN MOVtD TO UPHOLD THE APPEAL AND DENY THE APPLICATION W~THOUT PREJUDICE. Passed 5-0.. Councilmember Clevanger stated the.applicant had rare or less witbirawn the appeal, but the action should be takan to prevant ambiguity. She felt the app~l'lant had made a good case. Councilmember Watson stated that if the applicants had been concerned, they would have appeared. Mayor Callon believed that the applicant meant to try an application at a later time, so denial without prejudice seemed appropriate. Councilmember Mallory supported the motion, although he felt it would have been preferable to interpret the letter as a withiraw~l and accept ~t as such. City Manager asked whether it was intended that staff should ~repare resolution making findings, and Mayor Callon affirmed that intantion. B. CONSIDERATION OF AME~DMMqTS TO THE ZONING ORDINANCE, THE SUt1DM SION ORDINANCE, AND THE GRADING ORDINANCE FOR THE SPECIFIC PLAN AREA, WHICH WOULD CREATE THE NORFHWEST HTT,T.qIDE RESIDtIqTIAL DISTRIC~ AND REPEAL PRESENT ZONING DISTRICT, HC-RD (first reading) City Manager reviewed history of o~dinance, noting that this was ordinance 3-4/21/82 required for implementation of Measure A. He also noted that the Council bad adopted an urgency ordinance placing a moratoriun on subdivision which would expire on June 2, so the new ordinance needed to become effective by then. Cu~.,,unity DeveloFxnent Director pointed out the three areas on which the Planning OsaL.l.{ssion could not reach consensus. Councilmember Clevenger stated her belief that in order to be consistent,~the HC-RD'_ordinenee. and the-NHR ordinanceushould both have provisions for a variince tm all~ the' possibility of building on slopes greater than standard. CounciLmember Jensen faVored'having a standard of 15% with a variance procedure for building on greater slopes. Counci~ Jensen statdd~her b~lief.~that the Area. A' plan was a key issue set forth by the initiativesordinance.-- She' movdd that subparagraph iii on page 6 concerning density be retained. The was no second. WATSON/MALLORY MOVED TO ADOPT THE DRAFT AS WRi'f~'~N WITH RESPECT TO THE DRT,R~PION OF SUBPARAGRAPH iii ON PAGE 6. Passed 4-1 (Jensen opposed). CLEVENGER/JENSEN MDVED TO ACCEPT SUBPARAGRAPH 5 REQUIRING DENSITY_REDUCTION UNDER CERTAIN CIRCIPBTANCES (PAGE 7). Passed 5~0. JI'I~SEN/WATSON MDVtD TO ACCEPT SUBPARAGRAPH c EX~IMPTING LOTS CRFRrEU PRIOR TO APRIL 25, 1978. Passed 5-0. WATSON/C~.RVqeQGER MOVED TO ACCEF? SUPARAGRAPH 2 ON PAGE 12 CONCERNING BUILDING ON SLOPES. Passed' 4-1. Councilmenber~ Jensen stated ~she believed the limit should be ho "high~r than 30% to preserve the rural character of Saratoga and for safety reasons. Councilmember Watson stated he believed provision for safety could be made under the ordinance as presented. Cumlunity Develotmlent Director stated that that provision was frcxn the SpeCific Plan. CounCilmember Clevengar ccnlnented that since it was in the Specific Plan, she believed it satisfied the intent of Measure A. She doubted there ~xDuld be variances exceeding 40%, but she did wished. to~alldw a future Council discretion. Councilmenk~r Jensen expressed fear that the Council would have no say on those matters and that they would be approved by the Planning Conluission. WATSON/CALIDN MOVED TO RETAIN CONCEPT OF DEVELOPMEBTE CREDITS AS DRAE'I'~/3 BY BIAYNEY-D~BTi', THE CONSULTANT. Failed 2-3 (Clevenger, MallOry, Jensen opposed). Councilmember Mallory believed it would be 'too difficult to get s~rething so complex into the plan at this point. Mayor Callon stated her hope that development credits could be considered at scme other time. Deputy City Attorney Toppel explained a draft on clustering which he presented to Council. Councitmenber Clevenger stated that in developments where clustering is used the minimun lot size requirement should be deleted so as to avDid units being bailt on the lot line. Mr. Toppel suggested that the reference to "attached" should be eliminated if the clustering concept were added. Councilmember Watson stated that his reason for fav6ring transfer of develoIxnent credits was to deal with-mj_nimal situations where clustering or grouping might he to the conmunity's or the developer's interest. He believed' that clustering was a good way to deal with some sites to preserve open space areas but it should not be encouraged as a develoExnent in its entirety. Councilmember MallOry felt it was in the City's interest to do scme clustering and was more consistent with Measure A in reducing need for services and preserving open space. Councilmember Jensen felt if clustering were allowed there ought to be scme concession made by the developer, such as reduced size of dwellings,whiOh would avoid large, multi-family structures. Mayor Callon saw advantages and disadvantages to both sides, but wished to renove idea of attached units, as well as one-acre minimun lot size. In response to her, Ccnmunity Development Director explained that chart of setback requirements reflected rec9~i re- ments of R-1-40,000 zone; he felt they ~light not be feasible for lotS' ~L snaller than one acre. He noted that Mr. Blayney had suggested different setbacks for that reason. Counci~ Jensen stated that setback require- merits had been set,lin'part, for fire safety reasons, especiaIly in hill- side areas; she believed setbacks Should be increased sanewhat, to 45' in front and 30' on the side for multi-sto structures. Councilmembers?Mallory SoUQht..consensus to delete "attached," ~ge setbacks, and eliminat~'! 4~4/21/82 ~_~iIhum~,~o~isizeL~ Cius~ ~'8ohc~p~_: Watson ~d not s~ cl~t~- ~'wi~but d~elo~t c~its ~e it ~d ~age cl~t~g as a ~sic ~ncept; J~en pref~ ~t~ ~c~ ~d not cl~t~g or attach~ ~ell~g ~ts; she fa~r~ ~ lot sizes a~ s~ifi~ ~as~e A; ~lon fa~r~ ~ag~g cl~ter~g wi~ attac~ ~its or ~ lot size; ~l~ger ~liev~ ~ o~iQn of cl~t~g sb~d ~ re~, al~ugh it f~.o~d ~t ~ ~ v~..o~. ~ty D~elo~t Di~or Sbk dj.s~s~ ~e ;~ss~ility of ~cl~g a private m~ ~liq ~ ~e o~i~ce; s~ce i~ w~ ~ ~e S~ific Pi~ ~ w~ ~e stat~ ~liq of ~e e~cil, he ~lieV~ it was ~t n~ess~ to p~ ~ ~ oM~Ce. ~ci~ J~e pref~r~ to ~cl~e 77r l~ge on ~e private m~s, ~ Dep~y City At~ey stat~g~t'~ere ~d ~ m ~v~se eff~ ~ hc!eg it. ~Ci~r J~e stat~ s~ ~d f~ ~ sta~t giv~g pref~ce for private ~s S~ific Ply; ~m~tyL~elo~t Direr ~n~M. City ~ag~ suggest~ ~t ~cil ~ a ~liq re~l~ion ra~er ~ plac~g a start ~ the o~mce. ~ci~ Cl~g~ ~k~ t~t such a re~l~ion ~ ag~iz~~ ~n, ~ o~ ~ci~s age~. ~m'~ty De~lo~t D~er r~i~ se~ion on ross ga~. ~cil- ~ Wat~n suggest~ the ~agaph ~ left as ~aft~, s~ce it ~d ~ diffi~t ~ p~'d~ ~y ~l~e' def~tions on ~e issue. ~cil- ~ Cl~eg~ ag~. ~Ci~ ~10~ suggest~ ~g '~Ee~ely. ~ci~ Cl~g~ felt m rare ht~re~ve ~Ms Ee n~. ~ci~ Je~ a~e~, =~ obje~ ~ ~e ~M "i~ly" ~ a s~t ~agaph. for ~e s~e ma~n~' (p. 13, ~agaph 3). eNS~SUS ~ ~ S~I~ ON ~S ~G ~ D~l'm ~ ~ ~D~ION "e~LY" ~ S~P~H a,~ ~T S~I'~CE. ? ~ci~ J~se ~ ~e~ ~e foll~g re[ions, wMch Ee ~t s end~: p. 1,-setece d - DelVe ".si~fi~t -~r~le." - p. 2, s~agaph d - ~l~e .~St p. 3, first p~a~aph - C~ge 50' to 100'= (~s~ of ~ to s~e~). (~ci~ Cl~ge cumet~ ~t s~ ~d ~t. s~n c~ges w~ch w~e .~g ~ for the f~st t~. ~r ~lon stat~ ~t ~ci~ Je~ ~d brought ~= the suggestions at ~e t~e of ~ S~ific Ply, ~ ~ci~r J~ stat~ .t~t~ of ~e issues ~ not ~e ~ at ~t t~. ~ci~ Watch s~ Co~ci~ J~'s right to br~g ~ ~ su~tio~, ~d ~ci~r ~11o~ s~t~ wo~d a~reciate it if it ~ ~ done ~c~y.9 p. 3~ f~st ~agaph - l~tion of ~ S~d ~t ~ 15% nat~al sloF. p. 3, ~aga~ f.- ~s~ict =slo~s on wMch ~Eg ~is b~lt ~ ~. ~istet ,with recmatio~ ~s. p. 3, ~agaph a - DelVe ~itio~ ~es ~tt~g p~liC ~d private scbls, ~lice s~tions, b~i~ls, ~ ~ s~tios. p. 4, first ~agaph- S~e~ sb~d ~ 150"for.s~les. p. 7, ~agaph b - C~ge ~ site ea ~ ~ acres ~ ~d "r tas a~,' avenge acres for all ~elt~g ~ts..." p. 9, tM~ l~e - ~ "~'~ ~ a~id ~z~s." p. 9, s~agaph iii - ~d ~' 'avoid', pr~t or si~fic~tly... p. 9, btt~ 0f'~ge - ~d. ~tion~ ~int: ' "~'~eda~ons for ~age fa~ili~es prior to a~al~.pmvet dege ~ja~t pm~es." r"~ ~ ,~d stat~t "City ~l~ist s~ll ~ ~tisfi~ ~t ~e develo~t ~Gpm~s~ s~ll ~ safe. '~ p. 13, S~ion~3B~9, ~agaph c- ~s~i~ h~nt to 25' ~ ~ong the ~t~al slo~ at ~y ~t. ~e p~lic E~g was o~ ~t~9:15 p.m. No one ~g to s~, ~e p~lic h~g w~ clos~ at. 9:16. ~cil ~s~ ~ to ~le Cl~ter~g issue,wi~ D~u~ City At~y~' ~d staff. ~~RY f MO~ED'CT0~ CHANGE?_SETBACKSL'~6~jTMULTii~ STORY S~~ ~O 45' ~.-~, 30' S~E Y~. Pass~ 5-0. 5-4/21/82 WATSON/MALIDRy MOVED T~AT~IN THE CASE OF CLUSTERkID ~qI~'.T.IN(~ UNITS; SIDE YARD SETBACN<S MAY BE VARIABLE, AND THE MINIMLM SPACE STRUCTURES SHALT, BE 30.'~ Passed 4-1 (Jensen opposed). Councilmember Mallory stated he would like to encourage grouping to obtain the benefits of open space and limiting the ~ntrusion of services and roads while permitting people to develop consiStent'with density. MALLORY/WATSON FDVED TO ADOPT THE CLUSTERING SECTION ~S AMM~DED. Passed 4-1 (Jensen opposed). Sm LORY TO nvmoDu BY ONLY, READING, W~TH ADDITION OF "'UNREASONABLE" IN S~CTION 3B.SA ~ ADOPTION OF AMENDED SECTION ON CLUSTERING. PasSed 5-0. J~NSgN/MALIDRY MDVED TO CONSIDER ADOPTION OF ORDINANCE AT .SPECIAL C~rLr.Rn MEEtiNG OF 4/27. AT: 7:15 P.M. IN CObI~LNITY C~'l'~ MEETING ROOM. Passed 5-0. The Council recessed f~uti 9:40 p.m. to 9:55 p.m. Deputy City Attorney sLmmmri2ed Council ac~cion by saying notwithstanding paragraph b in Section 3B.6, minimum ~Ot size may be less; the only change in the clustering section ~ i~' taking Out reference to attached. units; in 3B.10~here was consensus to change .the setjDacks on multi-story to 45, on the front yard, 30' on the side yard, ieaV,ing .60' on the rear yard; ~d '~.'i~ -' s. ection a paragraph c would De added ~aying that with respect to the clusteringof units the minimum ~pacing between s~ructures would be not less than 30' but' the side.yards may vary, and the total lot size may vary (which would be an exception from paragraph b on p. 7). C. CONSIDERATION' OF REVISION 9D SlOPE'DENSITY FOE IN THE HC-MD ZONING DISTRICT TO A 2-10 ACRE STRAIGHT LINE FORMULA (Section 3A.24) (continued from 4/7)/ (first reading) C~'t~nunity DeVelopment Direr briefly ~eviewed revision, 'and City. Manager showed area that would be affected on map. In response .~o Mayor Cal~!on, City Attorney stated that lots now in existence are unaffected as to Size. The public hearing was opened at 10:00 p.m. No one appearing to speak, the public hearing was closed at 10:01 p.m. JENSEN/WATSON MOVED TO READ TH~'OEDn~.NCE BY T-'fhE ONLY, W~G FURrotoR READING. Passed 5-0. D. APPEAL OF CONDITIONS OF VARIANCE TO R~]DUCE 'THE P.ARKING REQUE FOR A BANK TO BE CONS~RUCi'm AT ~ ARGONAUT SHOPPING C]lqTER ON SARATOGA-SUBLNYVALE ROAD (Applicant/ appellant, Robert G. Egan' for Philip and Martha Sanfili[0) City Manager explained' appeal brief/y, noting that appellant had not requested a de novo hearing, and describing various traffic problens. and possibilities. He recu~,rended consideration of 6hanging conditions, since applicant was willing to cons_ider options which might be better than the Planning Cc~mission~.S conditions. Councilmenher MallOry said he was concerned with the fact [hat a bank provided no sales tax; he also stated that the shopping center was asking for consideration, but he believed it was poorly maintained; he believed the building ~was tqo tall for the area, and that there might be no reason the City should pay for a traffic light which would benefit mainly the .shopping center. Councilmember Clevenger also cc~ented about poor maintenance at the center and the need for beautifi~ation in the rear are; she felt the appellant was not very cooperative when these matters were brought up. Councilmember Watson also remarked on l~ck of cooperation from the appellant in the pest. Councilmember Jensen believed a de novo hearing should be held tEause more information has cc~e to li~nt sinc~ the Planning Conmission heard the matter. The public hearing was opened at 10:25. Robert Egan spoke as a member Of the Roaxd of ~irectors of the Saratoga National Bank. He requested a 30-day extension so that the appellant and staff could resolve scme of the issues. Jerry Kocir, 12855 S. Saratoga-Sunnyvale ,Road, stated that most accidents in the area were caused. by left-hand turns, and there were more at Blauer 6-4/21/82 than-Brandywine. He favored eliminating left-hand turns and creating a circular traffic pattern. He at ~so stated that Area B and the people in .the area of the shopping center wanted the light at Blauer. Anne Marie Burger, 20045 Winter ~ane, spoke as a resident of the Argonaut area. She believed that traffic count figures might not be accurate the count at Brandywine warranted a light while that at Blauer did not, because most residents avoided Blauer d~iberat~ly~- Councilmembers discussed when to discuss appeal next. CONS~SUS 50 ~DLD STL~Y S~SION ON ISSUE 5/11. Councilmember Mallory stated he would not be. present, bnd Mr. Egan stated that 5/11 would be satisfactory. JENSEN/CLEV~NGE~ ~DV~D TO CONTINUE TO DE NOVO HEAR]I~G~.5/19?_~~-~pa~sedi4-1 (Callon opposed). Neale Cab~inha spoke as a difecto~ of the Saratoga National Bank, asking if a de novo hearing meant that everything that had gone before was to ff be discarded. City Attorney a irmed that. Mr. Cabrinha stated he did not believe that a de novo hear~ing was necessary in light of previous opportunities. for public input and the possible benefits of the bank to Saratoga. Mayor Callon inquired ~s to the Planning C~ssion vote, and M~. Egan stated it had been' 4-3 on the conditions ar~ 6-0-1 on the variance. Mayor Callon stated s~e did not believe a de novo hearing was necessary because the Plannin~ Commission had been almost unanimous, and other considerations could be. dealt with at a later time. Council- member Watson ~/~sed an undertone' that scme things might not have been brought to light, and several issues o. ught to be resolved. Councilmember Clevenger felt having a de novo hearing would not have a great impact on the process. Councilmember Jensen believed that the City was now too late to get a state contribution toward the light and the o~ly way now to do it was through developmight. Z Mayor Callon then proceeded to City Attorney' s report becahse he had indicated tha~ he needed to leave the meeting. VIII. ADMINISTRATIVE M3~TERS C. DEPE HEADS A~ OFFIu~MS 2. City Attorney City Attorney reported that the City had received. an adverse s~m~ jndg- ment in the case of DiMartini vs. City Of Saratoga, and the attorneys involved on behalf of the City re6um,ended appeal. THE APPI~DPRIATE NOTICE OF APPEAL ~O TAKE ALL ACTIONS NECESSARY TO APPEAL ORDER GRANTING SI~v~L~RY JIIKIMENT IN THE DIMARTINI SUIT, COUR~ ORDER #4B2482 DATED FEBRUARY 28, 1982. 'Passed 5-0. Councilmenbet Watson bored that the issue had been discussed and carefully reviewed in closed session. City Manager brought up the matter of settlement in the case of Saratoga vs. Floyd F. Gaines. He stated that the agreement would grant the City a perpetual easenent for parking,7 and the City would transfer fee title to a snail piece of land; City .would guarantee right of develol~nent of six units to Gaines for the remaining property, and the property would have the right of ingress and egress off Fourth Street. CAIIDNy~I~TSON MOV~D 'TO ACCEPT SS'~'I'LtM~qT AID ALrfHORIZE MAYOR TO Failed 2~2 (Jensen and Mallory opposed; Clevanger abstained). Councilmenbet Mallory felt the. City gave away too much in the proposed settlement. Councilmember CleveYger abstained because she had missed the litigation session. Councilmember Jensen agreed with Coun~i]~ember Mallory. 7-4/21/82 Jt~SEN/MALIJDRY MDV~D TO INSTRUCT SPECIAL COUNSEL TO FTI,E MOTION FOR NEW TRIAL. Passed 5-0. Mayor Callon then ~eturned'.to-item/s remainin~ion~ agenda after public hearings. VI. BIDS AND CONTR~ETS (continued) B. ~ REGARDING STUDY OF ~ITY SERVICES OFFICER PROGRAM City Manager explained issues and proposed agreement. Councilmember Watson stated that the program was needed, but he was disturbed that the requests for proposals had been distributed to a limited area. He felt it would be irresponsible to proceed without wider advertising. City Manager stated that re-advertiSing would r~sult in a delay of two or three months. Councilmember Mallory expressed concern that Mr. Gloege did not have line experience, although his haCkground was very good in other ways; he was pleased with Mr. Gloege's apparent contacts throughout the County and the completeness of his proposal. Councilmember Clevenger was also impressed by the proposal and was happy that .Mr. G!oege .lived in Saratoga and would thus live w~th the results. Mayor Callon was concerned about timing, if the progrin were to be considered for the next budget. City Manager explained fprther_ details. of how staff had proceeded with this matter, noting that there are very few people whD are qualified tO consult on it. Most jUrisdictions, he said, have. developed Such prOgrams frown existing prOgrams--an option which Saratloga does not have. H~"!al~o noted that the City was not required to advertise widely. MayOr calion inquired ~s ~o the time line for budget purposes if advertisements were placed for about t~D weeks, and Councilmenber Watson .felt t~at ~e procedure f611owe~ may not have been illegal, but it was da~ned' i[mDral to have lost the opportunity for co~¥~arison' for 6he sake of expedienCy. Councilmember MallOry noted that there had been several recent instances where staff had been double- checked, resulting in a delay of the process with 'no better resultsl P'lanning Director Stated that ~e ~ad contacted several sources and found that there were very few consultants in that area because, as the City Manager had explained ,I most programs had been set up .on an in-house hasis. Councilmenher Jensen cc~mented that the City is spending over $900,000 on the Sberiff's contract,= and the sooner the new program is in place, the sooner it can start saving the Ci~ money; in the long run, she felt, it would be best to ~et up the program as quickly and as well as possible. MALIDRY/J~qSEN MDVtD TO ACCEPT MR. GLDEGE'S PROPOSAL. Passed 4-1 fWatsen opposed). Mayor Callon stated that she was concerned' about the process followed and in the future would like Council t~o be informed if limited advertising for proposals was to be done. VII. CONSENT CALFADAR;.~ ~ ;-' CONSENT CAIaI~DAR. Passed 5'0. A. Final Building Site Approval, SDR 1518, Montewood Dr. (Dr. C.M. Mayo) APPRDVED. B. Final Map Approval, Tract 6528, Parker Ranch Unit II~ Prospect Road (Blackwel~ H~nes) Councilmember Jensen requested this item be renoved frcm the Consent Calendar. MALLORY/WATSON ~DV~ TO APPROVE. Passed 4-0. (Jensen abstaining). C. Request by F. H~t, Saratoga Optimists Ckub, for ResolutiOn on Respect for Law Week. RESOLUTION NO. 1076 APPPOV~D. D, RequeSt by IDeal Realtor Board for Resolution on Private Property Week RESOLUTION NO. 1077 APPROVED. 8-4/21/82 VII. CONSENT CAr,FNDAR (continuei)' E. Resolution Concerning Use of Public Employees Retirement System Funds RESOLUPION NO. 1078 APPRDVED. F. T~eaSurer' s Report - March APPROVEDo G. Approval Of Warrant List APPRDV~D .... A~Zf'TMAYOR 1.- Council Reergani.z~ti, on City Manager. noted that one cu~'.~cmication frcm Joan Faunee, President of the E1 Quito Perk Hc~eown~rS'Association, had been received, urging that reorganization be deferred to a later date when the public can respond after a reasonable notice period. Councilmember Mallory moved that the CounCil defer reorganization until the second meeting after the JLme election so that. a bet~e~. consensus could be reached based on the m.'e~ers' interests' and leade~.ship. Council- member C.levanger seconded the notion. CounCil and staff discussed calen- dar for consolidated election as reviewed in City Manager' ~ memo of March 9, which stated that the official canvass of votes would not be available for about' tw~ weeks ~fter the election. Councilmember Clevan- ger statedtthat this in~omnatidn had not been availabie to Council when they were making th~ decision on changing the election date. Council- member Watson said it would have been foolish to reorganize b~fore the election and .put to' shame either those who had wished to do?so or those who believed the Council wished to do so, whichever was appropriate. Councilmember M~l-lo~y revised' his notion, Councilme~ber Clevenger agreed, and the following motion was voted upon.' MALLORY/cT,RVEN~R MDV~D TO D~'~R REORGANIZATION TO THE FIRST ~TING AbT~2{ THE SEATING OF rl~E NEW COLI~CILi Passed 5-0. Councilmember Mallo~ cu~tented that his notion b~d had no, political purposes and pointed up the need for .the Council to be neutral in its a.ctions as a Council. B. COUNCIL ~ ~SSION REPORTS 1. Jensen/Callon - Appointment of Heritage Cu~,.~ssion JIlqSEN/CLEVENG~{ MDVMD TO APPOINT BIELINSKI, VOES'I]ER, AND LANDSNESS TO COMMISSION. Passed' 5'0. Councilmemtber Mallory expressed disappoinh~e_nt that the-Lnotion did not include Mr. Pierce.. Mayor Callon noted that all applicants~.were excellent. Planning Director noted that the ordinance required that those nceLinated by ~ihe Plam~ing Cc~ssion and the Historical Society must be appointed. Councilmenbet Jensen expressed concern that scmeOn~ E fight have a con- flick of interest and, if appointed, might have to abstain frequently. CLEVENGER/MALLORY FDVED TO APPOINT ZAMBETTI AS THE PLANNING'CCI~W_ISSION N(IM]lqEE A~D HEID AS THE HISTORICAL SOC33~1'Y NOMINEE. Passed 5'0. J~NSEN/CL~ENGER MOVED TO APPOINT BIELINSKI AND LANDSNESS TO 4-YEAR TERMS; VOESTER A~D HEiD TO 3-YEAR TERMS; ZAMB~ITI TO A 2-YEAR TERM. Passed 5-0. Mayor CAllon.requested that a letter be sent to all applicants making it clear.that they were all very good applicants and inviting all to the Conmission's first meeting~ Counci~ Jensen remarked that it should be a working cu~,,~ssion, so all who wished to participate should do so in order to help as much as possible. 9-4/21/82 2. Mallory - asked th the Fcothill Club be presented with a resolution thankinc then for have the Memorial Day progran, to be pre~ented at a' eny Memorial Day. Councilmember Jensen stated the City did not have the funds to provide law enforcerent ~br the progrin. Maintenance Services Director stated the only area where Sheriff' s]patrol ~Duld be needed would be for group c~ossing Saratoga-Los G.atos Read, which .would be early in the morning,. and she believed additional patrol would not be necessary. She had informed Sheriff of the parade, she said, and did not anticipate problems, since none had occurred in the past. Peggy Corr spoke as chairman of the event for sev 1 years, saying that need for patrol era was very minimal. MALLOR~/CLEVENGER MDV~]3 TO APPRDVE PARADE, PROVIDE PA~DL SERVICSE, WR~I~E RESOLUTION 'I~L~NKING FOC~HILL CLUB. Passed 5-0. Councilmember Mallory excused himself at.left the meeting at 11:45 p.m. · ensen - Reso' 'ons brOught to agenda f~u~, meeting of 3 J lutl . 4/7 Councilmember Clevenger stated her belief that there was no purpose to uncl ember Jensen passing the resolutions. Co lm oa'L'e',~ented that she felt it was important to pass then! as did Councilmember Watson. Mayor Callon asked the importance of the truck traffic resolution, and Councilmember Jensen stated it was one of t~e most important onus, especially considering the recent truck accident in the Caldecott Tunnell JENSEN/WATSON MDV~D ADOPTION OF THE FO~G MDTIONS WITH CORRECT VOTE INDICATE~. Passed 3'0 (Mallo~ absent, CleVenger abstaining). I Resolution 1079 Concerning Family C~,~Lunicat~on 'Week Resolution 1080 c0n~cerning Cun~L~mity Awareness Week Rusolution 1081 concerning Ihternational Year of the Disabled Resolution 1082 cencernj_ng Truck Traffic Resolution 1083 concerning Victims Rights 4. Watson -'Transport ion Cu~Lassion Councitmanber Watson reported hat Transportation Cc~mission had voted to approve advertising on bases ~except for liquDr and cigarettes. He had voted against it, he said, but was asked to get input on advertising on bus shelters· WA~SON/J]~qSEN MOVED TO WRI'rk~ 'THE 'i~ANSPORT/~TION COb~viISSION WITH COPTF. q TO THE BOARD OF SUPERV'/SORS E%~]OR~ING 'FHE PRDMOTION OF ADVERTISING IN BUS SHEL'rh~S BUT EXCLL~3ING DRUGS, iIQUOR Ab~ CIGAR~I'I~S. 'Passed 4-0 (Mallory absent). u51' cat-lonu~ IGC M~yor Callon reported that IGq desired input On a figleaf ordinance. Council- me~be~ Jensen noted that Co'~unc~l had previously 'reqhusted information on th~ possibility Of a figleaf ordinance. Councilmenber Watson stated he could not suppOrt such an ordinance u~til he could see it, and no other Council- member expressed another ' view. poLnt of C. DEPARIYel~U HEADS Ab~ OFFIcR. wS a. Report re: SDR 1515, M. C<]nez, Aloha Avenue (Saunders letter) C~,~unity Deveiol=nent Director reported that Planning Cc~mLission had no strong opinions, but indica-zed that Council might want to re-examine configuration since so much tnne had elapsed since decision had been made. He noted that staff .had found no reason for change in configuration as requested by Mr. Saunders.- In]response to Mayor Callon, Corm~m/ty Develop- ment Director explained that there.would be improvenent costs in any case, and he did not know what the ' ' r. lat costs would be. He suggested Council e 1ve might wish to hold another public hearing on the matter. Councilmenber 10-4/21/82 Jensen noted ~he hazardous condition of the intersection and conlnented that the whole backgrolmd ~Duld be needed if any changes Were to be made'. Cc~!nunity Develo~nent Director repoi~ced that ~Planning C~,,.~ssion had voted 6-1 for lot split but' had reconmended strongly that matter be continue~t, feeling that Council may want to reconsider intersection, but not wishing to hold up approval of lot split. In response to Mayor Callon, he stated that configuration was not a condition (which c~uld have bean appealed to 'Council), bLlt a red flag~ John Saunders, 13570 Beaunont, spoke aS the individ,~A1 r+equesting a change in the proposed traffic qonfigura~ion. He stated that the Planning CuLu~ssion did strongly oppose~any changes in the present. configuration. C~L~.~ity Develo[~ne~nt Director stated be had advised Cu~ssion that. the configuration ~ecision ~ld been made at an- earlier public hearing at which there had been substantially mor.e input than at the hearing on the lot split. Councilmember Watson suggested that Council re-h~ar the matter.. CONSENSUS TO RE.-_EDLAMINE AT STL~Y.SESSION W_F~H BAC~GROL~D FROM STY? A~TER ARCONAUT S~JPPiNG CENTER BANK I~SUE ON 5/11. b. Report re: Notification to Mr. and Mrs. Steele on Report, which documented proper notificatign to Mr. and Mrs. steele on setting of de novo hearing at a later date, was noted. Mayor Callon then proqee~ed to It.en D., since Item C.2. had been dealt with earlier at the request of the City Attorney. D. CiTY MANAGER :- 1. Report re: Orienteering walk sponsored by Pierce Canyon H~neowners Association May 15, 1982 City Manager recu~e_fided' approval; With condition that applicants provide certi~icat~ of ~dditional 'insuranCe. for City. J~qSEN/WATSON ~ TO APPROVE WALK WiTH CO~ITICN TH3LT APPLICANTS PNOVIDE CERTIFICATE OF ADDITIONAL ~NSD~j~NCE ~OR CITY. Passed 4-0 (Mallory absent ). InL res~ofi~e-to Mayor Callon, City. Manager reported he did not expect any cost to the City. Wi~lem=~lKohle~'~:appareh~ly representing the Pierce Canyon Hcmeowners, presented the Ci with the certificate of insurance. Councilmenbet Wdtso~ excused himse~ and left the meeting at 12:06 a.m. Cit~7 Manager explained that SuperVisors we_re considering subSecho patrol subs~ation~prDposed for the Post Office. He rec~m~Kled that City LLr~e the Supervisors to approve the lease agreement for the substation, which he felt would provide ~reater benefits than disadvantages. Councilmembers discussed phrasin~ of l~cter, considering hhat there had been no official public inpLfc,but opinions eXpreSsed on beth sides unofficially. Council- member ~ensen ~wished to as. sere that there was roc~n 'for beth ~he Post Office and the substation~ .and feared that p~rkin~ would be a~ight squeeze. CoLmcilmember Clevenger repa~ced ~hat ~upervisor ~Drgan may~oppDs~Ith~.sub- s~ation becau~ of lack of money. I Cit~7 Manager further erplained pro- posed use of substation~ which he felt would not cause probl~ns for the city~.sin~e it would be used for office space. Councilmembe~ clevenger felt the substation would ~i~prov~ poli~e protection. CONS~lqSUS TO SEND A M~R TO THE ~O~qD OF SL~RVISORS STATING THaT F~.~Lq THE SUBSTATION I~IDULD BE ~ B~XT~FICI~L ~DD~'ION TO ~ C~v~v~Ni~I~ i~2qD THE CODNCIL ~DPES ~ ~C~ION TM<EIq BY THE SUPERVISORS ~DULD N~T ~0RECIOSE ~HE OPPORTUNITY ~OR CITIZENS TO P~fICP~ IN ~HE D~CISION.~ 3. Overlay. of McCoy A~enne {added at meeting) Conmunity Develot~nt,Director ~ported ~j~at staff had worked OL~C solu- tion to su~zt prDblem which was acceptable to homeowners of areas and il-4~2i/82 to contractor. An additional s~n of money was required for the ~Drk, he said, and the S~nland Park H~seowners Association had agreed that the funds w~uld come from funds they had previously sutmlitted to the City for the work. He therefore requested an appropriation to Icovef this cost plus some other related work in the amount of $1,920.16. He further explained that the pavement as it existed before the work was done was high,~and the exdas~asphil~ ~eeded to be ground down to gutter level, in~reg~x)ns~to~OounCilmember Jensen's question as to why staff bad recom- mended acceptance of the work 6riginally. JE~SEN/CLEVENGER MDVED TO AUTHOPJZE $1920.16 FOR WORK ON MCCOY AVtl~ru]~ AS EXPIAIBrED BY ODM~3NITY DEVELOPMtl~T DIRECTOR. Passed 3-0 (MallOry, Watson absent). IX. ADJOUt~IMEMI' The meeting was adjourned at 12:20 a.m. Respectfully suhT.~tted, Grace E. Cozy ~ Deputy City Clerk