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Home My WebLink About08-18-1982 City Council Minutes SUMMARY MINLTES SARATOGA CITY COLI~CIL T~4E:Wednesday, August 18, 1982 - 7:30 p.m. PL~]2E:'= City Cot~cil Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting CIDS~D SESSION - Litigation Matters - 6:30 p.m. Canceled due to lack of a quDr~n. REGULAR I. ORGANIZATION A. ROLL CAlL - Councilmembers Clevenger, Fanelli and Moyles present at 7:32 p.m. Councilmember Mallory and Mayor Callon absent. The DeputyT City Clerk called for a motion to appoint a Mayor Pro Tern. MOYI.F~/FABY~,T.I MDVtD TO APROINT COUNC~R CLEVt~GER AS MAYOR PRO T~M. Passed 3-0. Mayori'.Pro Tern Clevenger took her scat as presiding officer. B. ~ - 8/4 FANEI,t,I/MDYIRq MDVED TO ADOPT MINUIES WITH OORRECTION THAT C~.RVENGER HAD STRI'~ HE HAD RES~VATIONS ON THE PROCESS ROLLOWED. Passed 3~0. II. COMMUNICATIONS A. PRESENTATION - Resolution conm~_nding Sean Grovier Mayor Pro Ten Clevenger read Resolution 2002 and presented it, with thanks, to Mr. Grevier. B. ORAL Mzs. Samuel ~nith, 20301 Hill Avenue, expressed concern about the condition of streets in her area, particularly the many potholes and the aesthetically · cj-'~r~'~ effect of patching gray asphalt with black material. Mayor Pro Ten Clevenger noted that new reads have to meet more stringent requirenents than old roads, and that the City was performing a street survey in o~der to ideh~ify the streets most in need of maintenance. City Manager requested that Mrs. Smith lcave her phone number with staff so that she could he contacted. C. WRIT~'~N #2from-~lan Kingz'resigning appointment as Plannj_ng Co~nlissioner accetYced with greatzregret. #4f~u~L Mrs. William Smyth objecting to City inaction on cars parked for sale referred to staff for followup. Remaining itens noted and filed. III. SUBDM SIONS, BUll,PING SITES, AND ZONING REQUESTS NOne. IV. PETtTICNS, ORDINANCF. q AND RESOILTIONS A. ORDINANCE CONCERNING TIMES OF EXPIRATION OF SUBDIVISION MAPS George Tobin, attorney representing Coc~iardi, Krajeska and Chadwick, asked whether the proposed ordinance ~Duld affect his clients. City Attorney replied that since the ordinance applied to all subdivisions, Mister'n Tobin's clients ~Duld have six more months before expiration. · FANRLLI/FDYL~q ~DVED TO INTRODUCE ORDINANCE BY'TiTlE ONLY, WAIVING FURFHER READING. Passed 3-0. 1. Resolution extending the initial expiration date of subdivision maps FANRI,LI/MOYLF. q MDVED TO ADOPT RESOLUTION 2006. Passed 3-0. 2-8/18/82 B. RESOLUTION CONFIRMING GRANT OF APPEAL ON BUTLER SUBDM SIONS PRESENTED 8/4 ANI) MAKING FIM3INGS Cc~ununity DeveloEmlent Director su~tt~d'_-~-lett~r'owhich~ad been received from Nei~hkor~ and Re~ident~ of V~ckery Kvan~le' and Lira Drive COncerning clarification of COndition 3 in 874 letter fr~n Gerald Butler. The letter asserted'"that the intent of the COndition was to provide family- n~s access without allowing pedestrian trespassers, and i~ suggested a locked pedestrian gate. Councilmembers discussed the matter and decided that a locked pedestrian gat~':might create .later probl~ as to who was allowed access; sinqe a public road was being put~.through, use by pedestrians _~Duld be compatible with that; the CuL,L~Unity shoUld provide areas for pedestrian traffic. FAN~,T.iTCLEV~.GER':FDV[D TO?ADOI~Ti. RESOLUTION 2007 PERTAINING TO SD 1521 AS PRESENTP23. Passed 2-i (Moyles opFosed).. FANELLI/CLEVt~qGER ~DVED TO ADOPT RESOLUTION 2008 PERTAINING TO SD 1522 AS PRES~i'~/3. Passed 2-1 (Moyles opposed). Mrs. Sanuel Smith rose again to assert that Mr. Butle~ was going against the wishes of the residents of the area. Mayor Pro Tern Clevenger('~]~' \i~t~t~dljtha6~did notrhave~sUfficien[~re~sbfiit6~.deny the subdivfsion. s~e~Q~m~ted~t if the neighbors wished to preserve Montalvo_ as it..was, they ought. _to make a COncerted effort to change the General Plan, since tile sutXtivision as proposed was COnsistant with the currant General Plan. V. PUBLIC HEARINGS - 8:00 p.m. A. APPLICATION OF ~.l..HQMES FOR APPROVAL OF REVERSION TO ACREAGE OF 20 APPROVED LOTS (Tr. 6528, LOts 4, 5, 6, 7, 16, 17, 18, 19, 2~, 25, 26, 27, 28, 29, 30, 31, 45, ~6, 49 and 60) INTO 10 PARCELq. (These lots are located' southerly of Prospect Rd. and Perker Ranch Rd.) The public hearing was opened at 8:10 p.m. B. il~ He~ss rose to answer questions,. be'.lng _an ~nginej for Blackwell Hc~es. He explained _that the optimun site for each home Woula be selected without regard to previous lot lines. Russ CrowthOr, 20788 Nor~da Court, read a letter'which urged .that more lots she~]d b~. reverted until the density was COnsis_tent with Mea.s~re A; that lots adjacent to the eucalyptus grove be reverted first because the trees were beginning to die. The letter also stated that grading was being done too early in the morning and on weekands and that an una'uthSri~ed. ind ugly read had been built to the site. City Manager replied that .the C_ity had responded to some of those COncerns after being notified by Mr. Crowther. The contractor had been advised not to grade early in'the morning; the ~un~uthDrized road" was a legal haul road, ~.d t~e area was to be restored to its natural COndition; the developer had called in a treejexpert tb examine the eucalyptus grove. Bill Heiss reporeed that the eucalyptus grove COnsisted of 37 t~ees, of which 4 were dead or dying; onlyzdne?of~these was close to the "_censtruction. His opinion was that the loss of a leaky water tank which had been used when the area supported horses was the cause of the trees' difficulty. The area had been deeply watered, he said, to help the trees through the transition. With respect to Measure A, the City Attorney pointed Out that the project was exempt frcm tba requirements of Maasure A because it is regulated by the settlement agreement ~Drked out through litigation. He than discussed findings necessary to be made under the Subdivision Map Act. Mr. Heiss felt that dedications or offers' of dedication to'be vacated or abandoned by the reversion to acreage. were u~e~es_s~ for 'present or prespective public purposes; all owners have COnsented to reversion; and no lots shown on final mp or parcel map had been sold within five years of the date the mp was filed for reCOrd. .- No¥one'afdrtherr~ppearing to speak, the public hearing was closed at 8[25 p.m. Mayor Pro Tern noted that the settlement agreement usder which the reversion was taking place had been worked out by the previous Council. Councilmember Fanelli thanked Mr. Crowther for b~inging the COntractor' s violations to CounCil's attention and noted that the present Council was bound to follow the settlem~_nt agreenent stipulations. 3-8/18/82 MOYLES/FANFm,T,I MOVED TO APPROVE APPLICATION AND DIRECT STAFF TO PREPARE NECESSARY RESOLUTION MAKING THE FINDINGS PRESCRIB~]) BY THE CITY A_q~iDRNEY. Passed 3-0. B. CONSIDERATION AND CONFIRMATION OF W~SD ABA_q~I4~f ASSESSMENTS - 1982 SEASON The public PEaring was opened at 8:32. No one appearing to speak, the public hearing was closed at 8: 33. FAN~,T.I/MOYLES MOVt.3D TO ADOPT RESOLUTION 2009 CONFIRMING REPORT AND ASSESSMEN~ OF W~:h:~, ABATEMENT CHARC4FS. Passed 3-0. VI. BIDS AND CONTRACiS None. VII. CONS~IqT CAT.FNDAR A. Approval of Warrant List MOYT,F.q/FANRTI,I MOVtD APPROVAL OF WARRANT LIST. Passed 3-0. A. MAYOR Clevenger reported that the drawings for the Paul Street improvements to be funded through the HCD Cc~nittee would be ready for approval by the neigbjsorhood in the near future. B. COL~CIL AND COFFLISSION REPORTS Fanelli reported that she had learned of the proposed oonsolidation of the Saratoga Fire District and the Central Fire District at a recent luncheon hosted by Supervisor Rebecca Morgan. City Manager pointed out a number of possibly-misleading statenents of cost savings through consolidation and recul~ended Council oppose any effort by the Supervisors to ',raid" Special District Augnentation Funds to' force consolidation and, secondly, to encourage the Supervisors to allow the districts to discuss means of improving service with appropriate public input, with recommendations for action next year. Mayor Pro Tern Clevenger asked for public input, but rD one appeared to speak. CONSENSUS TO DIRECT STAFF TO WRITE A L~l'i'~ TO THE BOARD OF SUPERVISORS ACCORDING TO CITY MANAGER'S ~ATIONS AND TO APPOINT VIRGINIA FAN~LI.I TO RI'I'~/~D THE SUPERVISORS' ~J~I'ING AT WHICH THE MA~'I'E~ WOULD BE DISCUSSED. Mayor Pro Tern Clevenger noted that further action by the Council might be taken if it became necessary. C. DEPARI~4E~T HEADS AND OFFICERS 1. Administrative Services Director a. Authorization for E~ployee Assistance Progran the'endih~dat~'o~jZding>with the'e~d: ,:periO~,~o:that' if:e~IOyees wi~ed' FAN~,T.I/MOYLES MOVE]) TO APPROVE PROGRAM. Passed 3-0. D. CITY MANAGER City Manager reported that he had received ~ letter frc~ Mrs. NDsemary Hex~n objecting to an earthen dam on Sohey l~Dad. He stated that the work had exceeded its legal limits, and a stop-work order had bean issued. 4-8/14/82 Councilmember Fanelli asked whether some inexpensive solution could he found for the problem of cars parked for sale. City Manage ~_xp!Ained that part of the problem was that owners could park cars for sale on their own property legally. If the cars are parked on someone else' s property, he said, the property owner could contact the sheriff to cite the car owner. He expressed hope that the CuL~atmity Services Officer Progrin could handle the problem more satisfactorily. . 1 IX. ADJOUR~I~tV~ - 9:10 p.m. MOYLF.q/FANF~.LI MDV~D TO ADJOURN THE ~I~2~'I'iNG 'TO AUGUST 30 at 5:00 p.m. FOR THE PURPOSE OF APPOINTING A PLANNING ~SSIONER. Passed 3-0. Respectfully sukmitted, Grace E. Cory Deputy City Clerk