HomeMy WebLinkAbout06-02-1982 City Council Minutes SUMMARY
MINUTES
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TI~E: Wednesday, June 2, 1982 -7:30 p.m.
PLACE: City Cotmcil Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
CLOSED SESSION - LiTIGATION - 6:30 p.m.
City Hall Conference Rocm
REGULAR SESSION
I. ORGANIZATION
A. ROLL CALL
Councilmenbers Clevenger, Jensen, Mallory, Watson, and Mayor Callon present
at 7:32 p.m.
B. MINUTES - 5/19
JENSEN/CLEVtNGER MDVED ADOPTION OF MINUTES WITH MDDIFIGATIONS N01~D BELOW:
p. 1 - Correction of 5/5 minutes modifed to show that Measure A
referred to was 1982 Measure A (County). ?
p. 5 ,-para? 6 - First sentence mbdified to indicate speaker was
Councilmember Clevenger.
p. 6 -Iten E, first paragraph, last sentence modified to show that
"it" referred to procedure for calling up an item for Council
review.
p. 6 - Item E, third paragraph, last sentence modified to show that
"procedure" referred to hhat described under paragraph 4.6-3.
p. 8 - First full paragraph, first sentence modified to show that
R-l-10 referred to R-l-10 acre.
p. 9 - last paragraph, lin~ill, r~iew of -tape ~hows that minutes were
correct as :~dh~itted. :Councilmenber .-J~nseh-stated 'that she had
~c~_h-referring to funds that would otherwise be lost.
p. 10- It~Ea VIII, A., "Senator~ '~Tasconcellos"2Ohanged to "Assemblyman
Vascencellos."
II. COMMUNICATIONS
A. PRESENTATION BY J~ZK TOMLINSON ON BEHALF OF THE CITIES OF KYOTO AND
MUKO-SHI AND JAPANESE OFFICIALS
Mr. Tomlinson described his experiences in Japan in his training program as
a Japanese Garden Specialist and presented various gifts and letters. Mayor
Callon accepted them with thanks. Council directed staff to pursue sister
city possibility and make periodic reports on same~ as well as reports on
p~ogres~-of th~=!/Bamboo Society; to display gifts at reception at Hakone
Gardens for Mr. Yasui, who had trained Mr. Tcmlinson in Japan; to consider
the possibility of presenting a Saratoga tree in return; to prepare a list
of the gifts and who gave them; to ~onsider the possibility of presenting
a stained glass representation of Hakone Gardens to the Japanese officials;
and to publicize Mr. Tomlinson'~s trip and the expressions of the Japanese
people.~
B. ORAL
Tcm Reddick, 12389 LarchnDnt, thanked the Japanese officials and invited
Fir. Yasui to drink wine in his house. He then stat-ed that various candi.-'_
dates for public office had violated various prcr~isioas of the sign ordinance
and asked that Cou~cil direct the City Manager to renove illegal signs.
Mayor Callon, as a candidate for office, re~noved herself from the discussion,
as.'did Councilmember Jensen. Councilmenbet Clevenger assuned the chair as
Mayor Pro Ten. City Attorney explained that there had been recent cases
on the interpretation of sign ordinances as aplied to political signs with
respect to free speech and that connon practice was now to enforce removal
of illegal signs after an election. He stated that during the campaign it
was usual to remove such signs only if they obstructed the public right-of-
way or if they were on public buildings and public places.
2-6/2/82
Councilmember Mallory moved to ~d~irect th~ City Manage~ to remove all
illegal campaign signs on the ~_~._ ~d~y~(_T~_~d~a~)~including
those 6~ utility poles, City property, and tPose on private property
which exceed the ordinance limitations. There was no second.
City Manager noted that the City would enforce the sign ordinance as
soon after the election as p6ssible, and that signs presenting a
hazard to the public or obstructing the public right of way were being
renoved in]nediately by the City..
Mr. Reddick then stated he intended to subpoena the City Council in
court on the matter, and Mayor Pro Ten Clevenger pointed out that-it
had been stated that there was a conflict b~tween the sign ordinance
and free speech rights guaranteed by the First Amendment.
Ron Knapp, 20885 Wardell, rose to reque~tathat the Council clarify its
intent with ~espect to its decision on 11/4/81 concerning his horse
license.
CONSENSUS TO DIRECT STAFF TO PREPARE A RESPONSE TO MR. ~NAPP BEFORE THE
~ASTCME~I!ING~OF..THEi~COUNCIL ~S CURRENTLY CONSTITbT~u ~/16)~7 'IN~.ING
MINUTES AND TRANSCRIPT OF THE MOTION.
Ken Colson, 13851 Raven Court, stated that he believed Council had the
right to regulate signs without infringing on the right of free Speech.
He felt the Council° was remiss in not requiring enforcement of the sign
ordinance.and might be liable in court for not doing so.
CONSt'IqSUS TO DIRtDCT CITY MANAGER TO 'REVIEW MEANS-OF BRINGING SIG~. ORDINANCE INTO
CONFORM_TTY,.WI~H~SUPR~EZCOURT2DDZISION~AFFIRMINGr-FREE;SPEECHZ!~SYAPPL,tED TO
POLITICAL SI~qS SO THAT SUCH SI~S COULD BE REg3I~'I'~/3 AS TO TIME, PI~EE,
ETC. M~yor Callon then resumed her duties as Mayor.
Biil Notz-, 18276 Purdue, stated that the' California Political Reform Act
of 1974 allowed cities to enact o~dinances to regulate canlDaign ~igns.
-Ci WRITTEN
#1 concerning rezoning of Spa~h p~perty noted;. no action recovered.
#2 requesting supFort for Ombudsman Program referred to staff for
budget consideration.
#3 requesting official response oh Sheriff' s substation in Saratoga:
ODNSENSUS TO DIRECT CITY'MANAGER TO SCHEDULE PUBLIC HF3tP~NG (City
Manager set for 7/7).
#4 urging examination of impact of revised ABAG inccme distribution
formula referred to staff for acknowledgment.
#S requesting direction as to ext&nsion of cable TV. referred to staff for
. report ~(Cityj;Mi~na_geri:set~f6r~stedy session in July).
#6 requesting infozmation'on 'prospective Jaycees referred to individual
Councilmembers for reply.
#7 providing infozmation on Japanese Garden Specialist noted. ~=cL~ ~-'
III. SUBDMSIONS, BUIIDING SITES,!' ZCNING REQUESTS
· h -myor-then p oc ed
V.. PUELiC.'HEARING~ ~ ~-~!~ :; i~~' _ _- _- ....~-; ~f~. ~t-~-
A. aiNs--0N m QuES xoN CO , . CTXON ROPOSm
ASSESSMtIqT FOR CONSTRUCTION OR INSTAllATION OF IMPND~S. UNDER
LIA-1
The public hearing was opened at 8:55 p.m. No one appesring to speak,
the public hearing was closed at .8:56 p.m.
MALlORY/WATSON ~DVtI) TO ADOPT RESOLUTION 1075D OVERRULING PROTESTS, ORDER-
ING IMPROVEM~WTS, ~ CONFIRMING 'DIAGRAM AND ASSESSM~I~T. Passed 5-0.
B. NUISANCE ABATtlMII~T: CONSIDERATION-OF VIOLATIONS OF A REZONING,
C-157, WHICH REQUIRES-DESIGN REVIEW APPROVAL OF ANY F~I~CING, II~DER
AIIfHORITY-OF MUNICIPAL CODE SECTION 1-7.4-1. (14296 Taos Drive, APN
397-16-130, Dr. and Mrs. 'Alan Joe)
3-6/2/82
City Manager explained that the issue was whether the fence erected by
the Joes was in violation of the Design Review Ordinance and the sub~
division conditions. C~,LLenity DeVelOpment Director. reviewed history
of nuisance abatement. He recommended that the public hearing he continued
uaqtil the Joes had gone through the procedures to amend the OC&R's to allow
more than 15% of interior to he fehced. Planning Con~aission, he said, had
believed it inappropriate to 'review a single lot requirenent whehLthat:-lot
w'as surroundedt~bylother subdivisions in the P-C Zone; they would consider
changing the restriction if'75% of the property owners of his subdivision
and the surrounding P-C subdivisions favored n]Ddifying the CC&R'S to allow
the fencing. In response to Mayor Callon, he said that design review would
still have to he approved by the Planning Cu~H ssion if the CC&R's were
changed. In response to Councilmember MAl'lory, he stated that the CC&R's
themselves would ~l~acify--the method for changing their own provisiohs; he
knew, however, that ~ Jdes]had:'said¥~bat 75% of the signatures were
required to m6dify the CC&R' s. He believed that the City would also have
to he a party to the change of that portion of the CC&R's because the City
had made that a condition of site approval.
City Attorney explained that the procedure for:~.the'Jo~s toifollow was ~s:'
follows: amend the CC&R's as pbovided:in the CC&R's. and suhmit':to the City
for approval; submit request for amendment of condition which limited
internal fencing to Planning Con~Lission; if the Planning Con,',Hssion reccmb
mends amendment, request would then go to City Council for final approval
because it would change a condition imposed on the subdivision; subnit
request for design review approval of fence. ~ L -L rJ_'.?.
The public hearing was opened at 9:10 p.m.
Alan Joe, 14296 Tsos Drive, spoke as the owner of the fence in question.
He stated that the purpose of the fence was to reduce conflict between neigh-
bors add protect property. He had believed that though~thePlanning Cc~mission
denied his request to build a fence, he was within his rights in building a
"fence partition," since it did not enclose any area. 85% of those. in the P-C
area, he said, had built fences; he felt that not allowing him to ke~D the
fence would be discriminatory. Councilmember Clevenger confirmed that there
were quite a few fences in the area. Mr. Joe submitted two more signatures.
of property c~aqers in the area who were willing to change the OC&R'S.
Jack Tevis, 19607 Kenosha Court, spoke in support of Dr. Joe. He stated that
the P-C cenmunity ~ras a good concept, but it did not take into consideration
the needs of those who live there who need fences to keep out children and
dogs.. Mr. Tevis believed that the neighbors supported the Joes. He went on
to say that the City was asking then for an easement, and in return the City
should treatcthe Joes with consideration. In response to Councilmember Watson,
Mr. Tevis said that he bad a fence similar to the Joes, but that its*legality
was not in question because the ordinance did not apply to it.
City Attorney explained further that Planning Commission bad wished to have
an iD~ication from the adjoining subdivisions whether they were also willing
to have fencing in excess of 15%; thus, the Cu,,ld ssion had asked for signa-
tures of 75% of those property owners on an advisory basis. To amend the CC&R's,
~igna~ur~s of~75%-.of-th~ p~operty ~owners!~-in~ the:_ Joe' s subdivision only
was required. In answer to Councilmember Jensen, City Attorney stated' that
design review process still need to be followed as previously noted. Dr. Joe
produced a copy of the CC&R'S, which stated that 75% of the owners' signatures
were required, and that the signatures had to be notarized and the doctm~mt
recorded. City Attorney then recu~,,ended that a doctment he prepared at .the
request of the dwners covering the four parcels in the Joe subdivision; the
doc~nent would amer~ the CC&R's to delete the requirement of the 15% fencing;
the doctment should be reviewed by City staff, then the homeowners would sign
it and have their signatures notarized; it would then be presented~-.to the Planning
C~,,l~i ssion to determine whether the requirement should be deleted; if the Com-
mission recommended deletion, Council would then cen~ider the document; only
Council would have the power to delete that condition of the subdivision.
John Klein, 14328 Taos, asked what deleting the requirement would do to the
concept of Planning Community zoning, since that would eliminate the open
space which was the heart of the concept. Councilmember Watson felt that
perhaps the Council should deal with the entire dDncept~bf Planned Ccmmunity.
Councilmember Mallory and Mayor Callon' agreed.
Dr. Joe ~e~ziefged-:the~hist6r~:'ofl-hi~!disagreenent with Fir. Klein. No one
further appearing to speak, the public hearing was closed at 9:30 p.m.
4-6/2/82
Councilmenbe~ Clevenger said she also was interested in considering
the entire P-C concept. She felt it seemed inequitable to require
ranoval of a fence in an area whe/r~'~others had fences.
Mayor Callon believed the Joes should follow the City Attorney' s reccm-
mendati~n on obtaining 3 signatures fr~n owners in their subdivision
and proceed to amend the CC&R's. When the matter reached the Planning~-
Ccmmission, Cot~Cil c~ents could be sent to the Cc~tission to the effect
that deleting the requirement ~Duld change' the concept of Planned Community,
and the CcEmtission would need to s~trvey the area and determine their reccm-
mendation. · ~ ' ' ·
~C~oung_!!m_embe.r.~W~t~s_~o'~n s~ta~te.~gt_~b~e~g.re_ed w.~i.th. wh~a~t~M_ayQr,C~ll0.n
~djexc~ '~tha~h~-cf~f~el~l~Fd~d g~e?~rgD ~di-~ecti~n;~t6~-~-'~'s~io~'~'bu~
let the P~ing Conm~ssioh recc~me~ tb the Coumcil. He ~ls6 ~expfessed
concern that ~cme of the special zones that had been set up' sounded good,
but they could be violated. Councilmember Mallory a~reed. Mayor Callon
asked whether that was a ~Dtion;. Co~cilmember Watson said that it was,
and Councilmember Mallory seconded. (Cler~:s note: The following nDtion has
b~en reoonstrudted in an attem~ t6 ecmbine the p~ints of agreement of
Mayor Callon and Councilmember Watson..)'.
WATSON/MALLORY MOV~ TO TO FOLLOW THE CITY AITORNEY'S RECO~qDATION AND
ASK THAT THE JOES OBTAINSTHE SIGNATURES OF 75% OF THE PNDPE~Ff OWNERS IN
THEIR SU~DM SION TO PERMIT THEIR CE&R'S TO BE CHANGED A~ TH~q OBTAIN
THE ~ATION OF THE P~ING CO~vLISSION THROUGH THE~ORMA~= PROC~.qS.
Passed 5-0.
The Council recessed from 9:35 to 9:45 p.m. Mayor Callon then returned
to itens preceding public hearing~ on the agenda.
IV. PETITIONS, IORDINANCES AND RESOLUTIONS
ORDINANCE kME~ING ORDINANCE NS-60.11 BY EXTE~E)ING ITS~TERM~FROM
NINE MONTHS TO' FI~'I'~ MDNTHS (first reading)
Passed ~-1 (Jensen absent).
B. ORDINANCE ADDING ARTICLE 24 REGARDING APPEALS TO Z(~NING ORDINANCE
' (second reading)
~T,RV~qGER/WATSON MOVED TO READ BY 'TITLE ONLY, WAIVING FURTHER READING.Passed 5-0.
C~EVENGER/J~WS~jMOVEDSTO2ADOPT~OmINANCE NS 3.51. Passed 5-0.
· ' C~ RESOLUTION CONFIRMING GRANT OF APPEAL AND MAKIlqG FIlqDINC~ ]lq CASE
OF ~CE NEALE (considered 5/19)
CIEVE~IGER/W~TSON MDV~D TO ADOPT RESOLUTION 1091. Passed 4-1 (Jensen opposed).
OSun'ci~LeI~e~' ddtedT~th~t"~ltSju~h'/'she was voting for the mation,
she bad concerns about the ~uture dedication of land to the Santa' Clara Valley
Water District should the existing structure be r~oved; she felt the require-
ment was burdensc~ne. Councilmenber Jensen agreed.and noted her intention to
vote against the motion for that' ~eason.
D. RESOLUTION ALLOWING THE HERITAGE PRESERVATION COMMISSION TO REVIEW
City Attorney expressed concern that resolution was being. presented to set
up the procedure. He felt an ordinance would be more appropriate, since
the Cu~u.l ssion',had been set up by ,ordinance and because delay of issuance
of a building ~rmit sbuld not be justified on the basis of a resolution.
City Manager further r~ted that if code requirements have been mot issuance
of. permit is a ministerial function, and he felt a resolution would not
carry sufficient way to justify withhDlding the permit. After discussion,
it was Council consensus that the ~pro~ess was voluntary, not m~tory, and
was !not intended to delay the issuance of permits; if an applicant objected,
he ~Duld be issued the permit'if ~ll other r~quirements had been met.
JENSEN/~GER MDV~ TO ADOPT RESOLUTiON 1092. Passed 5-0.
5-6/2/82
Mayor Callon then proceeded to items subsequent to public h~arings on the
age fla.
VI. BIDS AND CCNTRACTS
A. Award of Contract for Purchase of Sweeper
MALLORY/WATSON MOVED TO AWARD CONTP~L~T TO TENNANT COMPANY II~ THE AMDUNT OF
$17,500 W£'I'H DELIVERY TO BE WrrH]lq 30 DAYS OF AUTHORIZATION. Passed 5-0.
VII. CONSENT CAT,Iql'~DAR
Councilmenher Mallory removed Iten A.
CLEVt~qGER/JENSEN MOVtD TO ADOPT AND APP~DVE ITemS B-C. Passed 5-0.
A. ResolutiOn COncerning Station KTEH
J~SEN/CALIDN MOVED TO ADOPT RESOLUTION 1093. Passed 4-1 (Mallory opposed).
Co~ncilme_mber Mallory noted that he votedjno~ ,because he still did not know
what was in the script.
B. Release of Cash Bond - Klaus Pache
APPRDVtD.
C. Resolution on NegatiVe DeclaratiOn for HCRD Oi~inanCe
.N~gatiV~'Dec~ar~ti~!for HCF~ Ordinance approved by minute-resolution.
D. Approval of Warrant List
APPROV~D.
A. MAYOR
B. COUNCIL AND COD~4ISSION REPORTS
Watson - brought up Highway Financing Task Force. After discussion, City
Manager sEized. issues as follows: if tax remains 5¢, local/regional
split sheuld be reversed, providing ~r~?fo~:lo~ll:?ind::l~ss forlregional; no
monies for construction should be provided until all maintenance requirements
of existing roads have been met; total amount of local tax should be reduced
frcm 5¢ to 2¢. Peggy Corr rose to speak as a representative to the Task Force
fzon the League of Wcmen Voters, saying that the 5¢ had been set as a part of
the total progrin for the Bay Area. ~j..--
CLEVENGER/WATSON MOVED TO ~IDORSE POINTS MENTIONED ABOVE BY CITY MANAgER.BY
L~TI'ER TO CHAIR OF COMFfESSION ,AND EVELYN FREEMAN 'AS~:COORDINATOR OF TASK FORCE AND
TOj ADD_(i) THAT VOTERS WII,I, PROBABLY NOT ACCEFP A 5¢ TAX INCREASE (ALLUDING
TO ~LTIONS BY ~A AND CONTRA COSTA2COU~rIES TO REDUCE TAX); (2) THAT
OPERATIONAL IMPROV~I~IV~S TO STATE ROUTE 85 SHOULD BE RS~IDVtD, AS W~I,I, AS RIGHT
OF WAY ACQUISITION FOR ~lqTIRE ODRRIDOR FROM ROUTE 87 TO SARATOGA-SUNNYVALE
ROAD. Passed 5-0.
Mayor Callon noted that she disagreed with the part oh thezcorridor because
she felt that the questions were not that the COrridor should be completed
but how wide it should be and whet forms of transportation it. should he used
for.
Jensen - reported On increase of sewage treatment fees by 44%, although Los
Gatos and Saratoga had voted against it.
Mallory - stated that he had received in the mail a campaign ad referring to
mobile homes; he rejected the~ad' hec&use he believed it was meant to fcment
emotionalism, was published to avoid discussion of legitimate issues such as
fLnances, and used an example of something which was illegal anyway. Council-
~ Watson remarked that he felt that each side of the c~l~aign deserved
the other, and he felt misleading statenents were made by beth sides.
6-6/2/82
Report on Use of Village Library Building
Clevenger - ~ted that although in the past there had~sometimes
been actions taken WithOut enough public input, the Village Library
Building Usage Task Force had had'~significant input from people who
were ooncerned about the issue. She then explained how the tasklfOrce
had arrived at its recc~mendations to keep the building in public u~e
and to allow it to he used by VITA, Friends of the Library,rand Environ-
mental Volunteers under a oontract,,~l arrangement to be developed by
then.
City Attorney cc~lnented that he h~.d been asked to analyze three possible
uses for the Library, and his memo ~Duld have to he revised. He said
his memo had analyzed those~uses ~ith respect to the concept of a gift
of public funds.
Council discussed various issues, ~including 1969 resolution whereby
City Council ~ould giveifuture us~ of the Library to the Historical
Foundation; gift of public funds; iproposed basic capital improvenents;
· whether direction sheuld be given!without relating it to budget; what
rent should be charged; whether financial help should be .requested frown
the cu~L~nity for capital impreve~nts; possibility of using Library to
develop cultural opportunities through V1TA and Friends of the Library;
possibility Of holding public hearing for cuL,:~unity input.
CLEVEN~/J~SEN MOVED TO ACCEPT ~ASK FORCE ~ATION TO ALLOW ENVIRON-
MENTAL VOLU~I'~j~RS, FRZEND~ OF THE ~.LIBRARY, AND VITA TO WORK OUT A CON-
TRACTUAL ARRANGEMENT FOR.THE T,F. ASING OF THE VYLLAGE LIBRARY. Passed 3-2
Callon, Mallory opposed).
Coun6ilmember Mallor~ stated he opposed~the motion'because there was no
fizm rent agree~_nt. Mayor Callo~ stated she opposed the motion because
she felt it was irregular to proceed withput a public hearing.
CLEVENGER/JENSEN MOVED TO APPROPRIATE REVE~F~E SHARING FU~S IN THE AMDUNT
OF $19,500.00 FOR NECESSARY STRUCTURAL I~4PROV~4ENTS TO LIBRAR~ (Drainage
Im~reEts, Pest Control, Shear~ Panels). Passed 4-1 (Mallory opposed).
Mayor Callon noted that the app~riation was part of the budget that
was proposed by the staff.
C. DEPE HEADS ~ OFE~IC~MS
1. Planning Director -
a. Report on review' of SB 1785 (Perkland Dedication)
M~T,TnRY/CLEV~GER MOVED TO DIRECT~ STAFF TO PREPARE A L~TI'ER TO SENATOR
O'~:~:FM FOR THE MAYOR'S_~SIGNATURE' STATING THE CITY'S OBJECtlIONS TO SB
1785 WiTH RESPECT TO HOME RULE AS! OPPOSED TO SACRAMENTO RULE. Passed 5-0.
b. Report on Apartment Vacancy Survey (information only)
D. CITY MANAGER
Bud~et'Fi~FCity~Managerfpr~se_n_tedLp~Sp~s~d~budget-~-f6r-1982-83.and recc~n-
mended Council set a public heeringa for 6/16.
CO sus TO 6/le
Election - City Manager noted that earliest date to complete canvass of
ballots ~Duld he June 22.
Objectives - Mallory requested a session on setting objectives be held by
the new Council as soon as possib221e, but not in August.
Block PartX'~- City Manager stated that a r~uest for closure of one block
of Dundee b~tween Kevin and Mc/Dol.'e from 3:00 to 7:00-p.m. for a party.
MALLORY/CLEV~C~R MDVED TO GRANT REQUEST FOR CLOSURE OF DUNDEE AS STA~'~D
P sed s-0. ·
CONSENSUS TO REQUIRE SPONSORS OF BLOCK PARFf TO E~AR COST OF SECURITY.
City Manager stated that that consideration should be included. in all -
7-6/2/82
future requests for street closures for block parties.
County Library - City Manager reported that a letter bad been received frc~
Janice Yee proposing reductions in services due to budget cuts. CONSENSUS
TO DISCUSS AT TIME OF BE DISCUSSION.
Legislative Briefing - City Manager reported that this would take place
6/14-15 in Sacr~nento and rec~,Lended Council send a representative.
Konnyu Breakfast - City Manager asked that Councilmenbets interested in
attending inform him or Deputy City Clerk.
Study Session June 8 - CONSENSUS TO
IX. ADJOURNM~qT
The meeting was adjourned at 11:04 p.m.
Respectfully sul~mitted,
Grace ~E .. Cory
Deputy City Clerk