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HomeMy WebLinkAbout08-01-1984 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 1, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A.ROLL CALL - Councilmembers Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:02 p.m.; Councilmember Callon present at 7:08 p.m. B. MINUTES - 7/18 MOYLES/CLEVENGER MOV~ TO APPROVE AS SUBMI'i'I'Eu. Passed 4-0. Mayor Fanelli suggested that the Council proceed to Item III. C. on the Consent Calendar. There was consensus to do so. CLEVENGER/HLAVA MOVED TO ADOPT RESOLUTION 2167 APPOINTING PLANNING COMMISSIONER AND PARKS AND RECREATION COMMISSIONER. Passed 4-0. Mayor Fanelli administered the oath of office to Ann Marie Burger as Planning Commissioner and Laurie Pakula, Richard Vallone and Terence Ward as Parks and Recreation Commissioners. Councilmembers congratulated them on their appointments and, in the ease of Mr. Vallone, on his reappointment. Mayor Fanelli then presented Councilmember Cleveager with a resolution from Sanitary District #4 commending her on her years of service as Saratoga representative to their Board. She also presented her with a gift from the District, a flower pot made out of sewer pipe. II. ORAL COMMUNICATIONS Dora Grens, 13451 Old Oak Way, requested that recognition be given to Carrie Steinsei£er in honor of her winning two Olympic gold medals. Mayor Fanelli explained that Councilmember Hlava was coordinating Council efforts with other agencies, and -- Councilmember Hlava reviewed preparations for Olympic celebrations briefly. Bill Heiss, 925 Regent St., San Jose, requested on behalf of Bob Dewey that the meeting be adjourned to the study session of August 7 so that the Council could consider Mr. Dewey's design review. The appeal had been considered at the last meeting of the Planning Commission, he said, and was ready to be referred to the City Council again. Mr. Heiss stated that the August 7 date was acceptable to the appellant, Russell Crowther. There was consensus to adjourn the meeting as requested. III. CONSENT C~LRNDAR A. Denial of Claim - Weber B. Final Map Approval, Tr. 7578, Gaines Property, Oak Street (6 condcminiums) C. Resolution Appointing Planning Commissioner and Parks and Recreation C~K~issioners (RESOLUTION 2167 PASS~ EARLIER IN ME~i'iNG. ) D. Approval of Warrant List Councilmembers questioned two items on the warrant list which were explained by the Finance Director. ~ ~ HIAVA/CLEVENGER MOV[~ TO APPROVE CONSENT C/~I.RNDAR EXCEPT FOR IT~4 C. Passed 5-0. IV. SCHEDULED MATI'ERS A. ADMINISTRATIVE REPORTS 2-8/1/84 1. Report from City Manager on Results of Classification Survey and · Recommendations for Adjustments City Manager explained report and recommendations. In response to Deputy City Clerk she stated that the appropriate time for employees to make statements would be after CounciLmembers had made any statements they wishedto make. CounciLmember Clevenger expressed her concern that twopositions in the survey were at the bottom of the range in the County. No other CounciLmembers wishing to make a statement, Mayor Fanelli asked whether any employees were present to make a statement. Deputy City Clerk explained her concerns that the report as submitted did not compare her position with anypositions in the thirteen benchmark cities either as to salary or as to job duties. She also requested that the Council consider delaying approval of the classification survey until the job descriptions had been received. In answer positions in the City rather than compared to positions outside the City, as had . been done for other positions. City Manager stated that the Employee Relations Service had data for comparison but had decided that it was irrelevant because the Deputy City Clerk position was not comparable to other positions in the County. Councilmembers stated that it was too late in the process to consider dissent. With respect to the Saratoga Employees Association memorandum, they also stated thatthe Classification Study had had no impact upon the Meet and Confer process. Mayor Fanelli stated that, although employees should feel welcome to bring their concerns forward, it was tee late in the process to deal with the issue. She suggested going forward withthe recommendation withthe understanding that these matters are in constant review. CounciLmemberCallon then askedwhether other employeeshad submitted letters, and CityManager answered that fourhadbeen received bydepartment heads and would be. submitted tothe Employee Relations Service. If adjustments were recommended, he said, those recommendations wouldbe returned tothe Council. CALLON/MOYLES MOVED TO ADOPT RESOLUTION 2168. Passed 5-0. 2. Paul Avenue Improvements In answer to CounciLmemberHlava, City Managerstate~thatthe expenditures were for contractors only. In answer to Councilmember Callon, Finance Director stated that the full amount had notbeenpreviously appropriated from the budget, which was the reason for the appropriations resolution which had been submitted. CLEVENGER/MOYLES MOV~]D TO APPROVEFINALACCEPTANCE, FILE NOTICEOFCOMPLETION, AND ADOPTRESOLUTION 2073.13 APPROPRIATING FUNDS. Passed 5-0. 3. Report on Kenzler Request to Fund Tree Removal City Manager explained report. Mayor Fanelli, while noting that the item was not a public hearing, stated that if the applicant had comments theCouncil would behappy to hear them. No one appeared to speak. MOYT.P.q,/F~,T ~ffv~) TO DENY REQUEST. Passed 5-0. 4. Report on Gift Catalog Responses Finance Director explained report. CounciLmember Callon requested that funds donated to other agencies go directly to them rather than drawing interest in City accounts. City Manager stated'that he expected continuing offers of gifts. CounciLmem~r Moyles asked thatMr. Kaufmann, who had coordinated the gift catalog, be given a copy of the progress report. He also noted that the Hakone Foundation had not yet obtained tax-exempt status and requested that contributors be informed that they risk losing tax deductibility if the Foundation does not obtain such status. Councilmember H_lava requested that all schools in Saratoga attended by Saratoga students be included in the next Gift Catalog. 5. Report on Dates of Sutmission of Arguments re: Special Read Tax Deputy City Clerk reviewed report. Inanswer to CouncilmemberHlava, she stated that official objections were to be filed to ballot arguments during the 10-day public inspection period. CounciLmembers discussed who would write the arguments. Councilmember Moyles volunteered to do so, with the help of any Councilmember who 3-8/1/84 wished to join him. Mayor Fanelli suggested that the matter be discussed at the August 7 study session. She also suggested that the proposed tax be referred to as the "Saratoga Street Tax" or "Saratoga Street Maintenance Tax" to differentiate it frc~ the proposed County-wide tax. B. REPORTS FROM OOF~ISSIONS AND 1. Oral Reports frcm Cc~missioners - None. Mayor Fanelli noted that the above subject had been added to the agenda for any oral reports commissioners wished to make. She suggested that any commissioners present relay this information to other c~',,l~ssioners. Since the hour of 8:0~0 p.m. had srrive~.- ~yor ~a~e!)i proc.eed_..ed to p~b!ic hearings= V. PUBLIC HEARINGS A. Appea~ of Conditions of Approval of Variance and Design Review, 12000 Saratoga-Sunnyvale Rd., (Appellant/applicant, California Real Estate Investment (Saratoga National Bank)), (V-641, A-976) Mr. Toppel of the City Attorney's Office stated that Councilmember Callon would abstain from this item because she was a stockholder in the hank, and Councilmember Hlava would abstain because her business had obtained loans from the bank. Both stepped down from their seats as Councilmembers and participated in no way in the discussion. Community Development Director explained appeal. Deputy City Clerk distributed a page of Planning Commission minutes which had been omitted from the packets, and Councilmembers took time to read them. In answer to Councilmember Moyles, Director stated that the objection to the proposed sign was based on its being illuminated externally rather than internally. Mr. Toppel of the City Attorney's Office added that another difficulty was that the proposed signs were on the outside of the building rather than the interior of the site. Assistant Planner Flores further noted that the site was at an entrance to Saratoga and was thus very visible. The public hearing was opened at 8:10 p.m. Howard Corletz spoke as a representative of Bank Planning Associates, the finn which had designed the bank. He stated that the lights would be low-level and would not create a visual intrusion. They were needed, he said, so that customers could find the bank. He believed the sign on the canopy was acceptable because the canopy was not visible frcm outside the shopping area. Neale Cabrinha spoke as an officer of Saratoga National Bank, saying he felt the signs would be attractive. He pointed out that other buildings had signs illuminated by spotlights and that the previous user of the building had had difficulties because of lack of identification of the building. He suggested that the bank be permitted to illuminate the sign for four months, after which the Council could decide whether there had been negative impact. Councilmember Clevenger suggested that the bank put up the sign without illumination and determine whether the bank sustained negative impact. Cayle Ralph, 20639 Oak Creak, spoke against the proposal. She felt that granting the variance and allowing the sign to be illuminated would set an undesirable precede~t. No one further appearing to speak, the public hearing was closed at 8:24 p.m. Councilmemb~rb discussed issues. Councilmember Moyles preferred the proposed brass sign to a plastic, interior-lit sign. He suggested permitting the sign to be illuminated until J~uary to see how intrusive it would be. Councilmember Fanelli stated her preference not to reverse the Planning Commission on the lighting issue that had been one of the Commission's major concerns. She did not wish to let this kind of precedent. Cr.EVtI~SER/FANF?.I.I MOVED TO DENY APPEAI~ Passed 2-1-2 (Moyles opposed; Callon, Hlava abstaining). 4-8/1/84 2. Report from Heritage Preservation Commission ConCerning Ordinance Designating Central Park as Heritage Resource Sharon T~ndsness spoke as Chair of the Heritage Preservation Commission. She explained the ordinance end the Commission's desire to establish support for it. She felt that adopting the ordinance would follow the General Plan and set a good example for the community, encouraging citizens to apply for Heritage Resource designation. Assistant Planner Flores pointed out that one of the General Plan policies, as well as the Area H General Plan Guidelines, called for the designation of Central Park as a Heritage Resource Mayor Fenelli thanked the Heritage Preservatioh CommissiOn on their outstanding job. .She stafe~ fh~f ~h~ h~ bean to~.d ~h~ ~h~ C~ h~H ~nc~_~l~re~.. the l~n~ ~l~, for ~h~ future use for a museum, cultural center, or other City use. Ms. Landsness replied that the Heritage Resource designation could be removed through due process. Assistant Planner Flores added that any such project would have to be reviewed by the Commission to determine its consistency with the agricultural end historic nature of the site if it were designated as a Heritage Resource. FtLrt_her, he said, the land is designated as Open Space, so such projects would require a General Plan amendment. Mayor Fanelli commented that over a period of time the essence of a site's character can be lost; she felt that documentation was needed to preserve that essence. CALLON/HLAVA MOVI~D TO RFAD ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. CALLON/HLAVA MOVED TO INTRODUCE ORDINANCE DESIGNATING CENTRAL PARK AS HERITAGE RESOURCE. Passed 5-0. Councilmember Moyles stated that although he supported the ordinance he had certain reservations which he requested be transcribed verbatim. (Councilmember Moyles' statenent appears below. ) "I will vote for the motion, but I will make it explicitly clear to the community that I reserve the right to reverse this judgment if I find myself unable to provide my constituents essential City services in the future. And I would say, still, that there is no City asset that is not subject to that same jeopardy. Until the City is on stable, predictable sources of funding, we will have to look wherever we must. Even if we don't like looking in these places, we will still have to consider them '' as sources of funding if the day comes when we can't keep the police on the streets or pave the streets the police are supposed to be riding on. So with that explanation, I will vote in favor of this ordinence ~hanges. As I understand it, it adds a very useful loop to the reconsideration process if we do have to renege on this commitment tonight. It's appropriate to h_ave the Heritage Commission be a part of that process. It would serve to alert the oommttnity to a very difficult end painful decision that we would be addressing, and I can support that. But I don;'t want this to be interpreted as a lifelong pledge never to reconsider these issues. I think we're going to be looking at then in the near future." Mayor Fanelli brought up the possibility of holding a public hearing on the matter. Other Councilmembers felt a public hearing was not necessary because it is the Council's decision, based on the~ownership of the land; public concern is focused on possible expansion of City offices into the site, not sale of the land; the proposed designation is in the General Plan, which is established through public hearings; the issue of sale of City lend has been addressed in a recent public hearing; the Council must make decisions based on the information available at the time the decisions is made. Mayor Fanelli directed that the minutes be incorporated with the history of the : ': site. C. ORDINANCES AND RESOLUTIONS 1. Resolution on Conflict of Interest Code Deputy City Clerk reviewed reasons for updating Conflict of Interest Code. Councilmember Hlava suggested that the Planning Director position be included in the Code so that it would not have to be changed if that position were ever filled. HLAVA/c~.RVENGER MOVED TO AMEND RESOLUTION TO INCLUDE PLANNING DIRECTOR AS A DESI(t~i'~SD EMPLOYEE AhD TO ADOPT RESOLUTION 779.1. Passed 5-0. 5-8/1/84 Councilmember Hlava expressed her belief that the procedure for rending, introducing and adopting ordinances was too unwieldy. Mr. Toppel of the City Attorney's Office stated he would check into simplifying it, and Councilmember Callon volunteered to lock for another method also. 2. Resolution Providing Supplemental Appropriation for Upgrading Level of Maintenance of Landscaped Medians MOYLES/CLRVENGER MOVED TO ADOPT RESOLUTION 215~.2 APPROPRIATING FUNDS TO FULLY FUND PROGRAM 720, TO AUTHORIZE CHANGING EXISTING TEMPORARY HALF-TIME PARKS MAINTENANCE WORKER I TO A FULL TIME PE POSITION, AND TO ADOPT REHABILITATION PROGRAM AS DRLINEATED IN STAFF REPORT. Passed 5-0. Councilmember. Callbn noted that she had previously expressed in a study session her concerns as to putting more funds into maintenance rather than into median rehabilitation. D. BIDS AND CONTRACTS 1. Approval of General Liability, Casualty, and Excess Blanket Liability Insurance Policies for 1984-85 Finance Director explained recommendation, noting that proposal did not make use of all funds allocated in the budget. Councilmember Moyles expressed concern that the proposed $10,000,000 excess liability coverage might not be sufficient. Councilmembers discussed amount of coverage necessary and wording of motion request staff to obtain further coverage. City Manager stated that there was a viewpoint that juries do not usually award more than the amount of insurance, but it was a matter for the Council's judgment. HLAVA/MOYLES MOVED TO APPROVE THE AWARD OF INSURANCE COVERAGE FOR THE 1984-85 FISCAL YEAR FOR LIABILITY AND CASUALTY COVERAGE WITH UN1TED PACIFIC AT A TOTAL PREMIUM OF $56,595.00 PLUS THE REMAINING BUIXEET~D AMOUNT (APPROXIMATELY $3400) TO OBTAIN AS MUCH ADDITIONAL COVERAGE AS THAT AMOUNT WOULD PROVIDE AND AUTHORIZE THE FINANCE DIRECTOR TO EXECUTE THE INSURANCE CONTRACT ON BEHALF OF THE CITY. Passed 5-0. A. Discussion of Oral Ccmm~lnications, if any - None. B. Written Cc~m~umications ffem the Public #1 from S. W. McPeak requesting endorsement of water policy and opposition to SB 1369 - referred to legislative liaison and staff. #2 from J. Hanley encouraging non-support for County-wide sales tax for highway construction - noted and filed. #3 from W. Benevento resigning from Finance Advisory Committee - resignation accepted; staff directed to recruit for vacancy and retain applications received for December vacancies on Committee; at suggestion of Councilmember Callon, staff directed to prepare resolutions rather than certificates for all Commissioners lenving office. After further discussion, there was consensus to discuss the future of the Finance Committee with that committee, including former members, at a study session. #4 from P. Brown reporting on outrench efforts of Live Oak Adult Day Care Center - no action required; information only. C. New Business frc~ Councilmembers Clevenger - Report on Route 85 Policy Advisory Board Meeting Councilmember Clevenger explained farther her written report on a recent ROute 85 Policy Advisory Board meeting. Councilmembers discussed implications of report. It was noted that Mr. Rich Green of CalTrans was to attend the next study session, and concerns of the Council on CalTrans' procedures could be pursued with him at that time. Nlava - reported on Transportation Commission meeting and requested Council direction on how she should vote on County-wide 1/2-cent sales tax. Consensus that Council did not wish to take a stand, and Counci~r Hlava should abstain. Moyles - reported on status of plans for visitors from Japanese Sister City. He 6-8/1/84 suggested that the City present a gift of Saratoga flags to the visitors. 1 Thee was consensus to discuss preparation of a City flag at the August 15 Council meeting. Councilmember Moyles also requested that he be given a copy of the lease for the orchard which would be designated as a Heritage Resource by Ordinance HP-3. Clevenger - reported on County Housing and Cc~munity Development meeting. ~eiii - reported on upcoming events: Sister City visitors Septeanber 27; volunteer luncheon September 20; Cc~mission dinner October 25. Mayor Fanelli then brought up the question of notifying property owners concerning the Second Unit Ordinance. Community Development Director reported on costs involved. There was consensus to direct the City Manager to send a letter to property owners giving enough information about the ordinance to warn those who might be affected and telling the where more information could be obtained. D. New Business frcm Staff, Administrative Reports not Scheduled ... Maintenance Director reported on completion of recent street oil and screen project, stating that the work was done for about 10% less than the estimate. He noted, however, that not all the repair work which had been contemplated could be done because all the Gas Tax funds had keen utilized. Community Development Director explained how railread crossings would be made more passable. City Manager stated that all the Gas Tax reserves had been expended, and more funds were needed. E. Council Action Referral Log Moyles - noted that some lights behind bank at Fourth Street and Big Basin Way were not energized; he asked that the matter return to Council in three months. Hlava - requested that revision of sign ordinance be'included in general cede revision because she felt the present sign ordinance was not working properly. Mayor Fanelli noted that the Ad Hoc Committee on Code Revision was to meet on the second and fourth Wednesdays at 4:00 p.m. VII. ADJOURNMENT The meeting was adjourned at 9:58 p.m. to closed session on litigation; that meeting was then adjourned to 7:00 p.m. on August 7. Respectfully submitted, Grace E. Cory Deputy City Clerk