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Home My WebLink About11-03-1982 City Council Minutes SARATOGA CITY COUNCIL TIME: Wednesday, Novenber 3, 1982 - 7:30 p.m. · PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Personnel - Conference Room, City Hall - 6:00 p.m. I. ORGANIZATION A. BOIL CALL - Counci/menbers Cleven~er, Fanelli, Mallory, Meyles and Mayor Callon present at 7:30 p.m. B. MINUTES - 10/20 FANRLI,I/MAILORY MOVED APPROVAL AS SUBMX'ITED. Passed 5-0. II. CCE4MUNICATIONS A. ORAL - No one appeared to speak. ~2]~iu SPECIAL PRES~ATION - Barbara Rude - Volunteer Coordinator Ms. Rude reported on the newly-formed volunteer program, its benefits to City and volunteers, and recruitment efforts. B. WRi'fI'~N #1 requesting support for brief closure of Highway 101 for flight demonstration-- noted and filed. #2 with questions about Saratoga Cable TV referred to staff.for reply. #3 with information about surplus school property - referred to Parks and Recreation Conmission for their infon~ation in connection with parks acquisition. #4 concerning groundbreaking cere.onies for housing cc~plex - noted and filed. #5 resigning Greg N~llis' appointment to Financial ~/]visory Conmittee--acoepted and referred to study session agenda. #6 requesting study session with Saratoga Fire District - meeting set for mid- December to beginning of January. Chief Ernie Kraule emplained further the purpose of the meeting and stated he expected to have a report ready before ~ the study session. III. SUROM SIONS, BUILDING SITES, AND ZONING REQUESTS None. IV. PETITIONS, ORDINANCES, AND RESOI/EIONS A. Ordinance providing for appointment and removal of ccm~nissioners (seee~d~ reading); resolution establishing policy MALLORY/OLRVR~GER MDV~D TO READ BY TITLE ONLY, WAIVING ~ READINGS,. Passed 5-0. FAN~,I.IERY MDVED TO ADOPT OBOINkNCE 38.107. Passed 5-0. CONSENSUS TO DISCUSS POLICY RESOLbTION AT 11/9 STLDY SESSION, TH~N SYNTHESIZE VARIOUS VIEWPOINTS A~) ASK PLANNING COMMISSION FOR THEIR INPUT. B. Ord/nance reconmended by Planning C~mmission to amend the Administrative Code pertaining to status of rejected motions and evenly split votes (first reading) MALLORY/CLEVENGER MDVED TO READ BY TITLE ONLY, W~IVING ~ READING. Passed 5-0. C. Resolh%ion sustaining a decision of the Planning Commission and denying without prejudlce a variance V-590 (Galeb appeal heard 10/20/82) Mayor Callon and Coancilmenbem Clevenger noted that they were voting for the resolution sinply to indicate that it accurately reflected what had been done by the majority of the Council at the last meeting. MOYLES/MAILOEY MOVED TO ADOPT RESOLUTION 2023. Passed 5-0. 2-11/3/82 D. Resolution approving Stipulation for Settlement in Wilson Develo~m~_nt case C6~n~'~F~ll.i~x~i~e~fi~ind~.~i~e~. her seat as a Co~cilmember; S~ia'~t participate inlay ~ay ~ this matter.because ~he ~sy~mployed by ~qilson DevelQFmen_t.,' Inc. MALLORY/MDF.F~ MDVED TO ADOPT RESOLUTION 2024. Passed 4-0 (Fanelli not participatinq). un '1'~ Councilmember Moyles stated that the settlement had been reached ~ugh' the Co c~ s efforts to balance the interests of the cuf~nity at large with t~ose 'of the resident's most immediately affected, as authorized by law. He believed the settlenent was fair but noted the burden of conducting business through executive sessions which must he held confidential. Russell Crowther, 20788 Norada Court, rose to question a section in the s~tt~lement which seemed to state that the tentative map would be approved; he felt this could only he done by the Planning Commission and with a conplete General Plan. City Attorney stated that the tentative map approval was not granted by the stipulation for settlement, but ~Duld~TM he considered through the normal proceddres when the map iscsu~mitted. Councilmember Mallory expressed a d~staste for the process of settling litigation through closed sessions, believing that they do not serve the public well. Mayor Callon also stated she felt the process was not the best way to resolve conflict, but was the onl method available to the CounCil at the time. Councilmember Fanelli restned her se~ as a Councilmember. V. PUBLIC HEARINGS - 8:00 p.m. A. Abatement of public nuisance at 21072 Corner Drive, Hong City Manager, Senior Inspector, and City Attorney explained issues and procedures. The public hearing was opened at 8:25 p.m. Jack FairSInks s~oke as Mr.' Hong's~ attorney, urging that M~2 Hong be peEntitted to apply for a retroactive permit rather than having a public nuisance declared. He Stated that he could virtually .~,~rantee that Mr. H~ng ~Duld probably cc~p_ly with legal requirements if given more time. Mr.. Fairbanks conceded that Mr. Hong had performed g~ading and built a retaining wall without obtaining the required permits, but asserted that he'had not himself violated the requirement for a fence around the swi~nting Fool; that, he said, had been removed by a previous owner, if ihdeed there had been a fence. Upon questioning by Councilmembers, Mr. Hong stated that he had not bad a contractor reconstruct the ~11=~ after learning about the Code reql~irenents because the estimated cost had been $50,000. Ernie Porcelli, 21020 Ccmer Drive, spoke as the individual who had filed the i~i- tial complaint against Mr. Hong. He described the precarious condition of the ~all3and danage caused to his. property by erosion as a result of the wall; he also sutmtitted phetographe of the situation. He ~de~that there had been a fence and sblrube around the swin]ning ~ool before Mr. Hong reno~edcth~m~o grade and construct the wall. Janet Harris, 12813 Coroner, then spoke ~gainst the grading which Mr. Hong had per- formed, saying that vegetation had been reinDyed, which encouraged users of four- wheel drive vehicles to drive up the slope. She felt this was a dangerous situ- ation, and she also sukmitted photographs of the site. Mr. Norling spoke as a neighkor to the south ~f the property in question'. He expressed concern over the unfenced swimming pool as a dangerous attraction to his child; he was also concerned akout danger to the gravel road from bad drainage because of the retaining wall. No one further appearing to speak, the public hearing was closed at 8:40 p.m. Council discUssed issues, noting that Mr. Hong had bean given notice several times that he was not in compliance with the law and had t~kene~o corrective action. MALT. DR.Y/~T.RV~q(~X MDVED TO D~CIARE THAT A PUBLIC NUISANCE EXISTS AS TO EACH 6F THE I--~T~ CODE VIOLATIONS SET OUT IN THE' STAFF REPOKT A~D THAT THE COUNCIL FINDS THAT A b"£'RC~ HAS ~RRN CONSTRIL'I'~/3 WITHIN THE SCENIC EASE~ DEDIC3~'~U TO THE PUBLIC BY THE RECORDATION OF THE SUBDM SION MAP FOR TR. 5693; SAID STRUCTURE IS AN ENCNDACH- MENT ON A~D UPON SAID PUBLIC SC~qIC EAS~M~qT AND, AS SUCH, CONSTITLFES A PUBLIC NUISANCE; APPLICANT IS GIV~ UNTIL DEC~M~RR 15 TO TAEE APPROPRIATE ACTION TO ABATE 3-11/3/82 SAID PUBLIC NUISANCE, OR MAKE APPLICATION FOR AN MqCROAC"aMENT PERMIT PERMITTING ENCROACHMENT INTO THE SCENIC EAS~ME~F~ ACCCMPANI~D BY APPROPRIATE ENGIN~:~:~ING CALCEEA~IONS AND PLANS FOR FROPER CONS~i'MOCTION OR ALT~a~kTION OF THE P~'I'~IN]lqG W'AT.Lq A~D FOR THE CONSTRUCTION OF THE POOL FENCING. Passed 5-0. City Attorney noted that in order for the plans to be considered properly by staff, in time for the Dec. 15 Council meeting, staff would need them by Dec. 1 or 2. VI. BIDS AND CONTRACTS A. Award of contract - mDdification of the no~sterly corner of Quito Road and Marshall Lane FANELLI/eI.RVENGER MOVED TO APPROVE RESOLbTION 1099.1 INCREASING APPROPRIATIONS AND AMENDING 'THE 1982-83 FISCAL YEAR BUDGET IN ORDER TO MAKE REPAIRS TO THE INTERSECTION OF MARSHALL LANE A~D QUITO ROAD, ENABLING SCHOOL BUSES TO TURN SAFELY ONTO MARSHAIL LANE AND TO AWAMD THE CONTRAC~ TO CUSHMAN OONST~UCTION CCNPANY IN THE AMOL~Tf OF $3,172.00. Passed 5'0. B. Notice of Completion - reconstruction and overlay of Allendale MALLORY/C~.RVENGER MDVMD TO ACCEFE PROJECT AS COMPIEi'~: AND FILE NOTICE OF COMPLETION. Passed 5-0. C. Review results of bids received on Village Library, to be opened Tuesday; oral report frcm staff. Staff reported that again only one bid had been received on the renovation project, but the bid was significantly lower than that suhnitted earlier. Council discussed the fact that lease agreements had not been executed yet and whether that should affect the work to he done. AdmLinistrative Services Direr reported that ~thertwongroup~?had agteedr6n the major considerations, and the details should be worked out soon. FANRLT.I/~DyI.~q MOVtD TO ADOPT RESOLUTION 1099.2 INCREASING APPROPRIATIONS A~D AM~qDING THE 1982-83 FISCAL YEAR BUD~EI' TO MAKE REPALRS AND Pa~qOVATIONS FANF~.I.I/MALLORY MDV~D TO REQUIRE ALL PARTIES ~l'~/lqG INTO A LEASE AGM FOR THE VILLAGE LIBRARY FACILITY TO HAVE AGR~:~:~} TO AND SIGNED A LEASE 30 DAYS OF TODAY; IF THIS HAS NOT BEMq DONE BY THE DEADLINE, THE ISSUE OF USE OF THE LIBRARY WII,I, BE RECCNSIDERED. Passed 5'0. CLEVENGER/MALIDRY MOV[D TO AWARD THE CONTRALT TO W. G. FOSS IN THE ANDUNT OF $21,700 A~D AUTHORIZE THE MANAGER TO E~'l'~/~ INTO 'IT. Passed 5-0. VII. CONSENT CALMqDAR CLEVENGER/MALLORY MOVED TO ADOPT AND APPROVE CONSMNT CALENDAR. Passed 5.0. A. Final Building Site Approval, SDR 1525, Holiday Drive (D. Harris) APPROVtD. B. Resolution removing stop sign On Glen Brae Dr. at Via Real Dr. APPROVtD RESOLUTION MV-156. F~EC?.~/Approval of Warrant List APPRCAeD. VIII. ADMINISTRATIVE M3~'I'ZRS A. MAYOR CONSENSUS TO AUFrDRIZE MAYOR TO SIGN PROCLAMATION CONOR~NING EDUCATION WEEK. Mayor Callon reported on the ICE Financial EValuation; she encouraged Council- members to attend so that City would benefit more from membership. B. COUNCIL AND COMMISSION REPORTS Counci'~ Clevenger reported on the ROute 85 Interim Policy Board. CONSENSUS TO S[XqD A L~'rl'~ SUGGESTING THAT EnEH JURISDICTION INVOLVED HAVE OlqE VI3~ ON ~2~ ~i~, ~VI'IIH MOIq~ SERENO HAVING NO VOTE, SINCE THEyCORPJDOR DOES NOT PASS THROUGH THERE; AND THAT ALL CITES SHOULD BE IN AGRRFMMqT BEFORE THE PROJECT GOES FOMqARD. 4-11/3/82 Councilmember Moyles reported on progress of the Sister City program. Councilmember Mallory agreed to attend a Cupertino Union School District study session on disposition of closed schools November 16. C. DEPAR~M~qT HEADS AND OFFICERS 1. Conmunity Development Director a. Report re: Resolution requesting County Transit District reimbursement for bus damage MALLORY/FANELLI FOVt1D TO ADOFT RESOLUTION 2025. Passed 3-2 (Clevenger, Callon opposed) o Councilmember Clevenger and Mayor Callon explained they felt it was appropriate for the City to p~y for street d~nage caused by buses as a contribution toward public transportation. 2. Administrative Services Director a. Report re: Response to Mayor's inquiry COncerning staff support to CU3. LULLI,]D_itl; Garden Council noted the report, which explained why st~ff support had been ended to Conmunity Garden. No formal action was taken. (See note after adjourrmlent. ) D.. CITY MANAGER 1. Report re: Murficipal Court AcCOunts Receivable agreement CLEVENGER/MDYT.F-q FDVED TO APPROVE ~It~EM~lqT AND ALFFHORIZE MAYOR TO SIGN. Passed 5-0. Councilmember Mallory expressed reservations about the agreenent in that it seemed to result in Seratoga's paying twice for the same service. City Manager then brought up a letter published in the Saratoga News which questioned City handling of the restoration of WildkD(~ Park. He explained that COrrective work by the contractor had been required by the State; the Cit~z rightly delayed road construction until after the corrective work because the road would have been destroyed by that work. IX. ADJOURM~lqT The meeting was adjourned to a closed session on litigation at 9:50 p.m. Respectfully sutmitted, Graee?E. Cory Deputy City Clerk (Clerk's note: After the meeting was adjourned Stephen Craig, P.O. Box 756, approached the Council to ask that the Conmlmity Garden be permitted to COntinue to use City copying services On the basis of its services to the CuL.~LUnity. Mayor Callon sugg~ested that he ~Drk with staff to findzan equitable agreenent.)