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Home My WebLink About08-03-1983 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 3, 1983 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL - Councilmembers Callon, Clevenger, Fanelli, Mallory and Mayor Meyles present at 7:06 p.m. B. MINLrfZS - 7/20 PI.EVENGER/MALLORY MOVED APPROVAL OF THE MINUTES WITH THE ROLL CAT,T, CORRECI'~D TO SHC~ MAYOR MOYI,F.q PRESENT. Passed 4-0 (Fanelli abstaining because she had not been present ). Mayor Meyles noted that the General Plan had been printed and was ready for distri- bution. Asst. Planner Flores subnitted the Plan, conmenting that they were available for sale for $20, and that two copies had been filed with the Library. II. ORAL COMMUNICATIONS Charles Lauqhlin, 21075 Michaels Dr., rose to explain difficulties he was. having with a permit for repair of landslide damage and a water nk~in which he felt had been a partial cause of the landslide. Mayor Moyles suggested that Mr. Laughlin remain at the meeting so that the Council could take up the issues further under New Business, and he agreed to do so. III. CONSENT CAT,ENDAR A. Denial of Claim - Brennock Bo Approval of Agreement with Volunteer Center C. Resolution Appointing Heritage Preservation Conmissioners (Resolution 2077) D. Treasurer ' s Report - JUne E. Approval of Warrant List MALLDRY/FANELLI MOVB]D APPROVAL OF CONSENT CALENDAR. Passed 5-0. A. ADMINISTRATIVE REPORTS 1. Response to Merelard School District regarding Brookview School Site Surplus City Manager explained that purlDose of proposed response was to protect City's interest in aoquiring a portion of E1 Quito School site. Councilmember Callon expressed reser- vations about the wording of the proposed resolution and suggested that it be clarified to indicate that the Council' s concern with inadequate public lands is within the northeast area of the City. Mr. Toppel of the City Attorney' s Office stated that such a clarifying phrase could be added without affecting the legality of the document, since the required findings would still be included. He also suhnitted an emerded resolution with the proper citation for the Naylor Act. CALLON/FANFJ,LI MOVED TO APPROVE RESOLUTION 2078, AS AMENDED, WITH THE ADDITION OF A PHRASE IN THE THIRD PARAGRAPH READING "WITHIN THE NORTHEAST AREA OF THE CITY, INCLUDING THE VICINITY OF BROOKVIEW SCHOOL AND EL QUITO SCHOOL." Passed 5-0. 2. Report on Emergency Planning Council FANELLI/MALLORY MOVED TO AMEND RESOLLrfION BY ADDING A PROVISION FOR REVIEW OF THE EFFECrIVSX~SS AND PROGRESS OF THE COFFLISSION AFI'ER ONE YEAR. Passed 5-0. 2-8/3/83 Councilmember Callon expressed zoncern that the proFosed arrangement would involve excessive staff time and money;, that the greatest need at the moment might be for updating the emergency plan, which volunteers could do; that the emergency needs of the City might be hetter me~ by oDozdination with existing County agencies, since emergency aid would come from throughout the County. She also riDted that the, Council had rejected the emergency plan as a top priority. c~,k~VENGER/MALLORY FDVED TO ADOPT RESOLUTION 2079 AS AMEIYDED. Passed 4-1 (Callon OppDsed). 3. Approval of Lease-Purchase Agreement for Portable Office for Maintenance Director CALLON/MALiORY MDVED APPROVAL OF AGREEMENT. Passed 5-0. B. REPORTS FROM CC~[MISSIONS AND COMMI'iTEES ark ~er Plan from Planning Conxnission 1. Re~ort on P Ma Councihnemk~r Mallory expressed interest in having school playing fields studied, and Maintenance Director stated that that was intended to be covered under Item 2 in the reFort. Maintenance ~irector then asked for Council interpretation of the apparent conflict between the General Plan' s prohibition against further facilities in Gardiner Park and the Council' s desire to place playground equiF~_nt in that park. MalKDr Moyles [ointed out that that decision was made before the General Plan was adopted, and Counci]_mene~r [Clevenger agreed. Councilmember Fanelli stated she believed the General Plan prohibited expansion of the park, but she believed that adding playground equipment w-as not expanding the park in function or adding to the developed area. Councilmember ~Callon agreed. CounciLmember Mallory's ~ concern was that there might not be sufficient people using the equit~nent to warrant the expenditure. C. ORDINANCES AND RESOLUTIONS 1. Resolution Establishing Public Safety Cormnission ss [1 Councilmembers discussed po ib e additions and changes to the resolution. FANELLI/CLEVI1NGER MDVED TO ADOPT RESOLUTION 2080 WITH THE FOLLOWING CHANGES: UNDER "PURI~SE " IN SEOOND PARAGRAPH CHANGE "SHERIFF'S OFFICE" TO "LAW [lVFORCEFRlVT AGENCIES," IN FOURT~ PARAGRAPH ADD "AND CO~fEY EVALUATE ALL AVAILABLE MEANS FOR PROVIDING LAW ENFORCE~ENT SERVICES IN AN EFFICIENT AND E~'FECTIVE MANNER;" ADD 1-YEAR REVIEW. Passed 5-0. V. PLTRLIC HEARINGS A. Reversion to Acreage - Tr. 6665 and SDR 1426, Parnas CorpDration, Pierce Road, Vintage Lane, Saratoga Heights and Congress Springs Road (continued from 7/20) The public hearing was opened at 8:08 p.m. No one appearing to speak, it was closed at 8:09 p.m. CALION/FANELLI ~DVED TO ADOPT RESOLUTION 2081 APPROVING REVERSION TO ACREAGE. Passed 5-0. recessed The City Council then 8:09 p.m. to 8:20 p.m. Mayor Moyles then returned to items preceding public hearings on the agenda. iV. SCH~DLF.~ Mj~'i'~RS C. ORDINANCES A~D RESOLUTIONS (continued) 2. Resolution on P B a ed Management Compensation Plan er ormance-B s FANF%I.I/MALLORY MOVED TO ADOPT RESOLUTION 85-9.57 WITH DF. LR~FION OF RORTION OF LAST SEN- TENCE IN PART V AkTER "CONFIDENTIAL!' ]~/qD ADDITION OF "AND NOT A PART OF THE PUtlLIC RECORD" (INSTRILTIONS FOR PROGRAM). Passed 5-0. 3. Ordinance Co ern~g Mosquito Abatement (first reading) nc CALLON/CLEVENGER MOVID~ TO AMEND THE PROPOSED ORDINANCE TO ALLOW APPEALS BY PROPERTY OWNERS TO THE SARATOGA CTiY COUNCIL. Passed 5-0. ~GER/FANEILI MOVED TO READ BY TITLE ONLY, kT~IVING ~ READING. Passed 5-0. FANELLI/CALLON ~DVED TO INTRODUCE ORDINANCE AS AMSNDRD. Passed 5-0. 3-8/3/83 4. Ordinance Regarding Meeting and Procedures of City Council and Planning Connlission (first reading) Councilmember Clevenger suggested repealing Section 2-24 regarding a Sergeant at Arms, and Council concurred. CL~v~qGER/CALLON MDVED TO READ BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. CLEVENGER/FANELLI MOVED TO INTRODUCE ORDINANCE AS AM~qDED. Passed 5-0. 5. Appropriations Resolution and Notice of Completion - Pierce Road Storm Drain FANELLI/CLEVENGER MOVe]3 TO ADOPT RESOLUTION 1099.17. Passed 5-0. D. BIDS AND CONTRACTS 1. Approval of Agreement with Property Owner and Award of Contract - Pierce Road Slide Repair Maintenance Director explained that only one bid had been received, but he felt ronetheless that the contract should be awarded to the bidder because of various unusual circanstances. Concerning the pro~~osed agreement with the property owner, Mayor Moyles asked how Mr. Sutton's case could he distinguished from those of others on Pierce Road. City Manager explained that there was no parallel with the Sutton case, since the City needed to install a drainage system through Mr. Sutton' s property in order to deal with a lardslide on Pierce Road. Mayor Moyles noted that the work was neces- sitated to correct a problem on a public thoroughfare, and that was the only reason work was being done by the City on private pro_zerty. Mr. Toppel added that in order to repair Pierce Reed the City needed access to Mr. Sutton' s property, and that some of the work being done by the owner himself. The claim on Via Regina, he said, was a claim for damage done to private property, which the City denied. Although the City repaired the road, there was no agreement on cost-sharing with the property owners, he stated. FANELLI/~DYLES MOVED TO APPROVE AGREF/~E~T IN CONCEPT PENDING COMPLETION OF DOCUMENT. Passed 5-0. FANEI,LI/MOYLES MOVED TO AWARD CONTRACT TO PACIFIC GENERAL ENGINEERING CORPORATION IN THE A~DUNT OF $63,286.00 CONTINGENT ON THEIR SUBM/TTAL OF AN ACCEPTABLE AFFiRMA- TIVE AC~fION PROGRAM AND OTHER CONTRAOT ~ AND THE AGREEMENT BETWEEN THE CITY AND THE SUTTONS BEING CONSUMvLA_TED IN A MANNER ACCEPT~RLR TO THE CITY ATTORNEY. Passed 5-0. 2. Approval of General Liability and Casualty Insurance for 1983-84 FANELLI/CALLON MOVED TO APPROVE THE AWARD OF INSURANCE COVERAGE FOR THE YEAR ENDING JUNE 30, 1984, FOR LIABILITY AND CASUALTY COVERAGE TO UNITED PACIFIC AT A TOTAL PREM/UM OF ~50,697.00. AND ALrfHORIZE THE CITY MANAGER TO EXECUTE CONTRACT. Passed 5-0. Mayor Moyles then proceeded to items following public hearings on the agenda. VI. NEW BUSINESS A. Discussion of Oral Conmunications, if any Mr. Laughlin gave further details of his difficulties in obtaining a permit. City Manager stated that the problem w-as lack of agreement between the City Geologist and b'nr. Laughlin's geologist concerning the adequacy of the geotechnical report. After discussion, there was consensus to direct the City Attorney to work with the geologists so that if there remains an outstanding difference the hemcowner can pro- ceed on the strength of his own geelogist's advice as long as the difference is acknowledged and recorded and the responsibility is assumed, with the particulars of the agreement left to the discretion of the City Attorney, to be prepared by Friday. Mr. Laughlin agreed. AS to Mr. Laughlin's difficulties with San Jose Water Works, Gemunity Development Director repDrted that overflow was not continuous, but only intermittent. He felt that it was not the City's role to take an active part in the management of San Jose Water Works. No disagreement was expressed by Council. 4-8/3/83 B. Written Con~aunications from Public #1 frc~ J. Driscoll encl~osing resolution relative to soil erosion and sediment control spe~i lists noted and filed. a #2 from H. Rogers enco~.aging donation to Vietnam War Memorial noted and filed. #3 from K. Ellis concerna_ng field trip to Silicon Valley - Cainunity Develop- ment Director to noti~fy Council when dates are picked and those who wish to go will contact him. #4 from O. Zagazeta concerning national championship soccer trophy - trophy to be displayed at C~ty Hall for about one nonth. #5 from R. Drake with SASCC activities for 1982-83 noted and filed. C. New Business from Councilmembers Councilmember Fanelli inquired ~as to the status of the Housing Element, and she was informed that the Council dLrected that the reconmended draft from the Planning Commission be forwarded to Sa r ~ c amento. She also noted that the new Council set-up seemed to be satisfactory but w~s slightly misaligned. Councilmember Fanelli then suggested that staff on stage could have nameplates so that the public ~ould know who they were. iment~ed Councilmember Mallory compl Mayor ~byles on the job he was doing as Mayor. Councilmember Clevenger reForted on the League of California Cities conference in Monterey. Jend Mayor Moyles reForted on the at ance of several representatives of Saratoga at a recent meeting of the PenLnsula Division of the LeaoR/e, at which Counc~lmenber Mallory had been installed as President of the Divisi6n. Mayor Moyles then brought up the! [ossibility of making an allocation to the Sister City C~l,~ttee from money which has been budgeted. There was consensus to instruct Finance Director to draw a check in the amount of $500. Cit er s , i ctives for the City Gove~tlent for the 1982-83 Fiscal Year. FAN~T,LI/MOYI,F.q MDVED TO ADOPT RESOUTION 2082. Passed 5-0. VII. ADJOURMv~NT CALIDN/FANETI,I MDV~D TO ADJOURN ~TO CIDSED PERSONNEL SESSION FOR DISCUSSION OF AND CONFER AT 9:42 P.M. Passed 5-0. Respectfully suhnitted, Grace E. Cozy Deputy City Clerk