HomeMy WebLinkAbout06-16-1982 City Council Minutes SUMMARY MINLTES
SARATOGA CITY COUNCIL
TIME: Wednesday, June 16, 1982 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL - Councilmembers~J~nsen~-MalIory~ Wats~h-and Mayor
Callon present' at 7: 35; Councilmember Clevenger
present at 7:50 p.m.
~ ' 'B.~'/MINUTES.~6~2i~ .L~ '_~ .... ~!~
MALLORY/WATSON ~DVED ADOPTION OF THE MINUTES WiTH THE CORRECTION ON PAGE 2 THAT
COLNCILMEMBER MALLORY HAD MOVED THE CAMPA/GN SIGNS BE Pa~DV~D THE NEXT DAY
(THURSDAY) Z 'RATHER THAN THE THURSDAY AbT~.'R THE F~,ECTION. Passed 4-0 (Clevenger
absent ).
II. ODMMLTNICATIONS
A. ORAL
Maintenance Services Director pointed out further gifts received from officials
in Japan in connection with the Japanese Gardener exchange program. Council
accepted the gifts with thanks.
B. P4'~'l'l'P/q
Neither. item required a respDnse.
III. SUBDM SIONS, BUILDING SITES, AND ZONING REQUESTS
A. APPEAL OF ADM/NISTRA~IVE D~IqIAL OF BUILDING PERM/T, 13485 OLD OAK WAY
(Willi~n Peretti, appellant/applicant)
City~ Manager and City Attorney ~plained issues, and Council discussed them.
Mr. Peretti stated that his principal purpose was to improve the structure,
not to add to the value of the structure; he said he was willing to sign a
waiver holding the City harmless.
WATSON/J~NSEN MOVED TO GRANT APPEAL ON7THE CONDITION THAT THE HOMEOWNERS E~]~TOTE
A WRI'.T~N WA/VER OF ANY FUTURE CLAIM AS PROV2DED IN CITY ATTORNEY'S IB~I'I'~R OF
6/11/81 (sic--correct date is 1982). Passed 3-2 (Callon, Mallory opposed).
Councilmember Mallory voted against the motion because he felt the City should
decrease its7 liability when possible; the?~'~pp~&L.was~featly. an i~sue of safety
in the hills which whould be referred to the General Plan. Mayor Callon voted
against it for similar reasons; she also noted that a permit would have been f.~
issued if the work had been intended to merely ~hore up the structure rather
than to add to the habitable area.~ Mayor Callon also expressed concern about
the stability of the ~ite, since the City Geologist had stated stability had
not been demonstrated.
Since the heur of 8:00 had been reached, Mayor Callon proceeded to public
hearings as required by ordinance.
V. PUBLIC HEARINGS
~. PROPOSED BUDGET FOR 1982-83
B. PROPOSED USE OF REVENUE SHARING FUNDS
City Manager suggested above two public hearings be combined, since they were
concerned with similar matters. He then explained the relationship of the State
budget to the City budget and how it would affect the level of services offered
2-6/16/82
by the City, particularly in the area of law enforcenent. With regard to
revenue sharing funds, he explained the tentative figures and possible
transfers which could be made to the General Fund and to reserves. The
public hearing (combining Items/~ and B) was opened.
Nana Simone, 1 Park Place, spoke-as a representative of the CuL~'tunity Garden.
She requested an additional $1,000, making a total of $2,000, to fund their
higher operating expenses because of increased services. In response to
Councilmember Mallory, she stated that they had raised fees for various ser-
vices. In response to Councilmember Watson, Ms. Sireone said that their
annual budget was $25,000, and their main function!was as a training and
demonstration garden serving Saratoga and the County.
Gary Pinkus, 19661 Martha, .spoke as a representative of the Catholic Soeial
Services LOng Term Care Ombudsman Progrsm~, which trains volunteers for serving
the institutionalized elderly. He noted that although he had received $1691
last year, he was requesting only $978 this year. Since the County is laying
off public health nurses, he said, the ombudsmen are needed-even more. 'Coun-
cilmember Clevenger remarked that she had had reservations last year because
she felt Saratoga paid more than its share of the progrin, and she was pleased
that the funding arrangement had been made more equitable. ~
Joan Faunce, 18644 Bucknell, requested better maintenance of streets in the
E1 Quito Park area and consideration of the purchase of E1 Quito Park.
The public hearing on_~re~enu~ sharing was closed at 8:45 p.m. The public
hearing on City budget was continued to a future date to he set at the study
.session 6/22.
Manager arfi Council discussed further the State budget problens and encouraged
citizens to write legislators urging them not to cut cities' funding.
Mayor Callon than proceeded to items preceding public hearings on the agenda.
IV. PETITIONS, ORDINANCES AND RESOLUTIONS
A. PETEION ~E TRAFFIC CONTROL ON SL~ER DRIVE
Although ~tem_~WaS not a public hearing,' Mayor Callon ~ll0wed repre~ntatives
of the petitioners to speak.
Laurence ChiI~nan~ '12489 Blue Meadow Court, 'stated that because of speeding
traffic, sharp turns, and the. l~ck_6'f~side~lks. in his area, safety considera-
tions demanded that a step sign be installed to slow traffic frcm Saratoga-~i
Sunnyvale Road.
Jay Yu, 12474 S~mner, stated that he supported Mr. Chitm~n~'s statenents and
was also aware of near accidents.~in the area.
Mr. Chipman asserted that the greatest hazard.was traffic f_rom Saratog~-2Tr
~unnyvale into Fredericksburg; restric/Cing that flow would remove the hazard.
In response to Counci.lm~m.ber. Mallory, he stated that t_raffiq was a problare
in both'directions because of drivers attempting to avoid.stop lights. He
reoam~anded a 'stop' sign at Biue Meadow arid Sum~er. In response to Council-
member Watson, he stated that at least sc¢ae residents would he willing to
pay a share of the cost-of a st6p sign. Ccnmtunity Development Director felt
that coSe of a stop sign ~Duld be less than $500. Council discussed best
way of hsjndling problem, including using peliee patrols-rather than making
one-way Streets; and lowerin~g speed limits.
CLEVE~GER/JENSEN MDVED TO AUTHORIZE PLACemeNT OF A s~OP SIG~ AT BLUE MEADOW
AND StA~qER AND MAKE SE ONE WAY BETW~.k~q MCCARTYSVII.I.R AND F'R~DERICKSBURG,
WITH THE PETITIONERS BEAR/NG THE COST OF ~MPI/~4EANTATION. Passed 3-2 (Mallory,
Watson opposed). (Clerk's note: Mation was reconsidered after
Councilmember Mallory stated he voted against the n]Dtion because of the one-
way provision,]ibilt~he favored the use of step signs. Councilmember Watson
agreed with him. _'_-~ ~-ur'~i~ .~L~ ~' -'.'~ '-~'~ :7' _ i
B] ORD~lqANCE AMENDIN~ ORDfNAiqCE NS ~0.11-BY EXT~qDINd ITS TEll4 (second
reading)
CLEVENGER/JENSEN MOVED TO READ BY TITLE ONLY, WA/VING FURTHER READING. Passed 5-0.
~GER/JENS~q MOVED TO ADOPT ORDINANCE NS 60.12. Passed 5-0.
3-6/16/82
Council recessed frcm 9:15 to 9:35 p.m.
Mayor Callon the stated that a neighbor had objected to the one-way
provision because bicyeles would hove difficulty in that situation.
Cc~munity Developnent Director believed there would be no problem in
Eking the street to ac~ate bicycles.
Counci~ Jensen stated she preferred stop signs to one-way areas,
but had voted for the motion because she thought that was the residents'
desire.
JENSEN/WATSON MOVED TO RECONSIDER PREVIOUS MDTION UNDER I'I'~iM IV. A.
ATIA7LATERoTIME. Passed 5-0.
Council directed that neighbors be notified so that they could appear
again; time for agendizing would be left to staff. Pat Babiasz volunteered
to let individuals on Fredericksburg know date of meeting if staff
informed her of date.
Mayor Callon then proceeded to items appearing after public hearings on the
agenda.
VI. BIDS A~D CONTP~ETS
A. NOTICE OF COMPLETION - OLD WOOD POD STORM DRAIN
MALLORY/JENSEN MOVED TO ACU~2T WORK AND DIRECT STAFF TO FII,E NOTICE OF
COMPLETION. Passed 5-0.
VII. CONSENT CALENDAR
JENSEN/CLEV[NGER MOV[D TO ACCEPT A~D APPPOVE CONSEN~ CALMqDAR. Passed 5-0.
A. Treasurer's Report - May
B. Approval of Warrant List
VIII-.~Z. ADMINISTRATIVE MRIT~RS
A. MAYOR
B. COUNC]nL ~ CO~MISSION REPORTS
1. Planning Cormnission
a. Report on Froposed General Plan Designation Change, Moreland
School District, E1 Quito Park School (ConmLmity Facility
to Mediun Density Residential)
MALLORY/JENSEN MOVED TO SET PUBLIC HEAPalqG 7/21. Passed 5-0.
b. Report on Proposed General Plan Designation Change, Moreland
School District, Brookview School (Cc~munity Facility to
Mediun Density Residential)
MALLORY/WATSON MOVED TO SET PUBLIC HEARING FOR 7/21. Passed 5-0.
2. Request frcm Counci~ Jensen for 12 minutes to ~aaress Council
Geuncilmenber Jensen made her farewell remarks, thanking the Council as well as
cOncerned citizens who had participated in civic affairs over the last two years,
particularly volunteer observers. Sba then listed whot she considered the
Council's most worthwhile achievene_nts since April 1980: rejection of a busing
element which would hove .t~lr~tenedlrd~9 neighborhoods with high density beusing,
and return of land banking fund for subsidized high density busing; adoption of
the design review ordinance, which provides a forun for neighborhood concerns and
sets house size limitations; the saving of most of the oak trees on the Saratoga-
Sunnyvale median; adding money to City reserves; balancing this year's budget as
adopted in spite of declining revenues; a financial management system which
makes it possible to keep better track of City finances thanks to the hard work
of the City Manager; the historic heritage ordinance; sustaining the integrity
of sc~e neighborhoods as an appeals hDdy; holding the freeway at bay; removing
4-6/16/82
restrictions which had bean a part of the de novo hearing process; carrying
the General Plan through to its final-stages in a manner which would retain
the traditional character of the City without social engineering, which had
been rejected by the citizans.
She than ~eviewed what she felt had:.~en Scme sad losses to the City: the
moving of the main post office and the Village library, which she believed
would result in loss .of sales. tax revenue as well as sc~e of the sense of
co~L~ity; effective loss of Measure A and, with i~, the citizens' right to
make' democracy effective. Councilmember Jensen believed that the manner in
which the lawsuits challenging Measure A were bjled resulted in "hackroom
negotiations" to evad~ the law and that the initiative would. have been upheld
in an unbiased court. No appeals were filed, although Judge Allan was the
most frequently overturned judge in the'County, she said. Due to-the failure
to defend the initiative and due to the favorable settlements granted~ five
more lawsuits hav.~.' been filed, she -_added. Counci~ Jansan expressed
sadness that abou~ 1/3 of the Measure .A area wa~. involved in the initial
settlenents, resulting in hillside densities almost as great' as if Measure A
In the Lyngse ease, she stated, the City defended the citizens' right to make
laws and wen the case, altheugh it was retroactive, as was Measure A, which
the City did not defend. As to the Specific Plan and its implementing
ordinances, she felt they were better than ~ast'-regulations but far behind
the requirements Of Measure A.
Councilmember Jensen cencleded by stating that she b~d accepted out-of-state
cuieL. itments but ~Duld he happy to help citizans needing advice on processes
or strategy when in the area. She felt the City's greatest asset w~s concerned
citizens, and they should not lose interest in advocating the c~lndnijty they
desired. She thanked the citizens for the opportunity to serve then;~ she
has given then her best.
Councilmember Watson than made his farewell remarks, noting that he had felt
it a privilege to serve on the Transportation Conmission. He cc~nented that
when he was appointed he'had stated publicly that he would not run for the
office, and he had kept that promise. He felt that the City and its people
were extraordinary, but not enough citizens became involved in civic affairs.
He believed, howeyer, that the new ceunci~rs would be vas..~ concerned and
cu~,~tted as previous councilmembers. There were challanges ahead, he said,
but with a fine staff and fine colleagues, they could he met. Councilmember
Watson c~ncluded by ekpr~sing his thanks.
C. DEPARTMENT HEADS AND OFFICERS
1. Maintenance Services Director
a. ReFQrt on Proposed R~ps~r of Wildwood Park
Directo~ explained work to be done and desirability of granting easement
to Water District so that the District could maintain the creek area.
~ATSON/MALIDRY MDV~D TO GRANT 'EAS~EN~ BY ADOPTIlqG RESOLUTION 1094 GRANTING
THE EAS~qT OF A PORTION OF WTTDWOOD PARK TO SANTA CLARA V~T.T.Ry WATER DISTRICT
FOR PURPOSES OF MAINI'~NANCE A~D REPAIR OF SARATOGA CR~:~:~. Passed 5-0.
WATSON/MALLORY ~DV~D TO APPPOVE PNOJECT AS DESCRIBED IN AG~DA B~I. 285.
Passed 5-0.
Councilmemb6r Clevenger noted that Richard Kauf~an had objected to the langth
of time it was taking to repair the park. Consensus to direct staff to
not_iEy Fir. Kauf2nan Qf the reasons for the langth process.and send him a copy
of the staff r~p?~.
D. CITY MANAC~
a. Report on Knapp ~peal .of H0~Se LidenSe Revocation
City Manager explained 'history of appeal,. noting that he felt the record shewed
that the appeal ~a~d been g~anted 1114/81 With regard to the revocation of the
horse ~icense, but that the_ question of the variance had not been addressed.
Mr. Knapp,.he said, was raising questions about the interpretation of Council
action.
Ponald Knapp, 20885 Wardell Road, spoke as the appellant, saying that the
5-6/16/82
tape recording of the 11/4 meeting showed that Council felt the conditions
requiring a variance did not exist.
Councilmember Clevenger stated she had listened to the tape recording and
taken down the essential points: Mr. Knapp had been granted a horse license
in 1970 in spite of the nonconformance with Section 3.4, and the procedure
to get a variance was explained; the corral had been built according to
City staff "directions, but it apparently became non-confOrming when there
were four lots made instead of three, putting a house close to the barn;
City Manager stated that health problems could always be addressed under
the health and safety regulations; it was pointed out that if the horse
permit were denied Knapp could apply for a variance, which would enable
him to apply again for a horse permit; the Mayor stated she did not want
to go 10 years beck and make changes in something granted at that t/me.
Mayor Callon.andvCouncilmembers Watson and Jensen stated they felt that
Council' action on 11/4/81 granting the herse license did not re~]ire Mr.
Knapp ~o request a variance, although that had not been the staff reoc~n-
mendation. The issue, they believed, was closed.
JENSEN/CIEJE~GEM MDVED TO REAFF~°~M DECISION OF 11/4/81 THAT THERE W~S A
VAL]]D ~DRSE PERMIT ISSUED A~]3 THERE WAS NO N~:~:u FOR A VARIANCE. Passed
4-0 (Mallory abstaining).
Mayor Callon stated that Councilmember Mallory was abstaining because he
had voted negatively on the original issue.
Councilmember Clevenger asked whether the problem could occur again with
Mr. Knapp, and City Manager replied that that was a t3Dssibility because
a variance had not been issued. ~lthough Council saw DO need to issue a
variance, he said, the building physically sits within the setback require-
ments; anyone who objected to that could call u~on the City to enforce its
ordinance by having the building moved or issuing a variance. The problem
still existed physically, whether that fact was recognized or not, he
stated.
Ce_uncilmember ='~ven~_~.ta~ted t'~re ~ere' pr~bab112 r~y ~b~a~o]ga ~bui!dings= with-
,'out ~v~r~ce~ ~h~ needed tb and City did not have the manpower to enforce
that kind of supervision. Mayor Callon stated that at the 11/4/81 hearing
the issue was debated frc~ the public point of view, the City Attorney' s
point of view, and f~um Mr. Knapp's attorney's point of view as to whether
there was a setback violation; she believed that issue had been resolved
and should not return to the Council again. Councilmember Clevenger asked
whether Council should issue a statenent that all these factors have been
considered, and Council has made a decision on the matter;. sh~.feared that
Mro Knapp may have to go through the process every year. City Manager
stated that was quite possible. Mayor Callon saw the issue in te~ms of
the minut~s~and tapes frcm the 11/4/81 meeting; if the issue returned,
Council would have to leek at those again. Councilmember Watson suggested
that it might not be unfair to leave the issue open so that if there were
a problem in the future resulting in an unsatisfactory or distasteful
situation to the neighbors, they would have an alternative to raise the
issue. He felt it was fair to Mr. Knapp because Council had supported
him, and he should have a good defense if the issue came before the Planning
Conmission or the Council again; alt3bugh his position has been upheld,
Mr. Knapp should not be assured that he will never have a problem again~
if ha does not live up to his responsibilities.
Mr. Knapp acknowledged that if a health problem developed that would be
a fair issue to raise, but he believed that the variance question shDuld
never return because of the timing element as Mayor Callon had noted.
Councilmember Clevenger stated it was Council' s intention that the variance
procedure should not ccme up again because the building was there, ana at
the time Mr. Knapp had done everything he ~as supposed to do to get it
approved by the City.
b. Sheriff's Contract (added at meeting)
City Manager suhnitted information abDut the rising cost of the Sheriff' s
contract and presented the proposed contract. He pointed out that the
City could not gain much through negotiating the price of service, since
6-6/16/82
he felt the price was fair. HOwever, the contract does not give City
control over the quantity of service paid for. Moreover, less than 50%
of the officers' time was spent' in enforcenent activity, he said. He
stated that the city needs control and efficiency and recce~Lended that
Council -'r'e,j eCt-~ the proposed contract and authorize Manager to extend
the~ cur~.t eon~ract on a month-to~nDnth basis.
City Manager hoted that the proposal f6r a substation in Saratoga n~ght
be affected by..this decisions; the Supervisors' tentative approval of the '
substat_ion. w~s eonditi6ned on approval of an agreement by July 13, so
that' deadline might. be' extended beyond that date. He added that t/~e
Gloege report on the Cc~muni~y Services Officer program had indicated
that significant savings could be achieved,. but only if cooperation were
obtained from the She~iff's Department to assign duties to the CSO.
However, _he said, it did not appear that such cooperation would be
forthc~i~.'_g. . 1
IN TERMS OF THE CONTINUATION OF THE SHERI~'~'aS ~CONTRACT, EqCLUDING
CITY OONTROL OF HOW MUCH SERVICE IT PURCHASES; REJEt'TION OF THE EXISTING
PRDPOSAL BECAUSE IT DOES NOT GIVE CONTROL OVER THE AMDL~qT OF SERVICE.
Passed 5-0..
Councilmember Jensen said she fe~t the proposed ~ost was too high, and
Councilmember Clevenger noted that Manager had ~e~6rted that the rate
seemed to be fair.
c. Request ~or Block Party on June Way 7/3 (added at meeting)
CLEVENGER/JENSEN MDVED.APbNOVAL FOR CLOSING OF CUL-DETSAC OF JUNE WAY 7/3.
Passed 5-0.
City Manager then reported that' there had be~n' good. cooperatio~ frc~ _.
candidates on rerovat of 'campaign signs, but 'staff had reroved 112
signs, for which about 35 candidates were being billed $3.40 per sign.
MALIDR~!/~JENSE~MDVEDuTO.--ADJOU~N THE -M~i'ING AT 10:45-p.m.
Respe.dhfully shbmitted,
Grace E. Cory
DeDuty.!~ City Clerk . . _