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HomeMy WebLinkAbout12-05-1984 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 5, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL - Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:04 p.m. B. M_IlqLFfES- 11/7, 11/27 MOYLES/CALLON MOVED TO APPROVE 11/7 MINLFfES AS SUBMiI'fED. Passed 3-0 (Fanelli, clevenger abstaining, since they had been absent from that ~eting). HLAVA/CLEVENGER MOVED TO APPROVE 11/27 MINL~fES AS SUBMITlED. Passed 4-0 (Callon abstaining, since she had been absent from that meeting). Councilmember Callon culu.ented that it had been brought to her attention that cer- tain regulations prohibited certain designs for handicapped accessible facilities. She inquired as to the exact action taken by the Council at the 11/7 meeting, since the minutes did not describe the action, but simply referred to the approval of "Option B." City Manager explained the action, which was apparently consistent with the regu- lations. II. ORAL COF~4UNICATIONS - No one appeared to speak. III. CONSENT CAT,ENDAR A. Consideration of Claims: 1. Margolis (by Willoughby) 2. Golliher (by Hernandez) 3. Lloyd ODy Heran) 4. Vaquero Ct Residents (by Briski) 5. Rapp (by De~pster) CLEVENGER/HLAVA MOVED TO DENY CLAIMS 1 - 5. Passed 5-0. B. Other Consent Calendar Items: 1. Final Building Site Approval, SDR 1559, Kathryn Pittman, Fruitvale Avenue (3 lots) 2. Final Building Site Approval, SDR 1575, Lazlo Sipos, Allendale Ave. (2 lots) 3. Final Building Site Approval, SDR 1510, Oudewaal, Saratoga Avenue (1 lot) 4. I Acceptance and Acknowledgment of T~hor - McIntyre 5. Acceptance and Acknowledgment of Labor at Hakone Gardens - Gubler 6. Acceptance and Acknowled~nent of T~hor - Go1T~an 7. Treasurer's Report - September 8. Approval of Warrant List HIAVA/CLEVENGER MOVED TO APPROVE OYFTER CONSENT CALENDAR ITEMS 1 - 8. Passed 5-0. IV. SCHEDULED MATTERS A. ADM/NISTRATIVE REPORTS 2-12/5/84 1. Appeal of Denial of Business Licenses for "Pick and Cut" Christmas Tree Lots at 13650 Saratoga-Sunnyvale Rd. and 21511 Big Basin Way ~' City Manager and Conmunity Development Director explained appeal. MaWr Fanelli, not- ing that dried fruits were being sold near one of the sites, inquired as to that opera- ~ tion's legality. City Manager stated that the Culm0nity Services Officer had notified that property owner that his activities wore illegal and that enforce~nent actions were presently under way. In response to Councilmember Clevenger, Cc~nunity Development Director replied that the Big Basin Way site was part of the McBain and Gibbs sub- division fronting on Congress Springs Road. Councilmember Clevenger suggested issu- ing a t~,~porary business license for the Saratoga-Sunnyvale Road site. She felt the trees were more attractive than development which might take place if the present owner were not able to sell his trees. Councilmembers discussed issuing a temporary license and other factors, such asparking, sale of the trees off the site (which wouldbe permitted), setting an undesirable precedent, and the possibility of amend- ing the Zoning Ordinance to add sale of agricultural products as a conditional use. Councilmember Clevengermoved to direct the staff to prepare an amendment to the Zoning Ordinance to add sale of agricultural products as a conditional usa and to grant the appeal as to the site on Saratoga-Sunnyvale Road in anticipation of the amendment. There was no second. MOYLES/HIAVAFDVEDTODENY THE APPEAL, UPHOlDING THE ADMINISTRATIVE DECISION D~INYING THE BUSINESS LICENSES. Passed 4-1 (Clevenger opposed). Councilmember Hlava culu~ented that when she was on the Planning ComnisSion an application which provided for parking and other considerations had been denied, and she saw no reason to approve the appeal. Councilmember Clevenger feered that if the Council made it difficult for people to do anything but build houses, the building of houses would be encouraged on Saratoga' s remaining open land. Council- member Callon felt that she had no choice bug to deny the appeal because :no way to handle the situation had been found other than amending the ordinance, which she could not support. 2. Report from CityAttorney on Masek ~reement Mr. Toppel of the City Attor~ey's Office explained that ~. Masek's application for design review approval cculd be considered by the Planning Cn~nission, but the City was not obligated to accept it, since Mr. Masek had not met a previous deadline for construction. Councilmember Hlava stated that she wished Mr. Fasek to be given a date certain for construction in order to avoid further delays; Mr. Toppel replied that the Plannirr3 Commission would set a date certain. Councilmember Moyles com- mended Mr. Toppel for his efforts on the project. CONSt~qSUS TO ALLOW PLAb~ING C(Iv~SSION TO CGNSIDERMASEKAPPLICATIONFOR DESIGN REVI~qADPROVAL. 3. Approval of Great Saratoga-Los Gatos Race, 1/13/85 Cc~nnnity Services Director explained report, and Don Wimberly spoke as a representa- tive of the Los Gatos Rotary Club, stating that the Club agreed to the proposed conditions. In answer to Councilmember Hlava, City Manager stated that staff was preparing new procedures for sponsors of races, including a provision for clean-up. MOYLES/CLEVENGERMOVEDTOAppROVEGREAT SARATCGA-LGS GATOS RACE. Passed 5-0. B. REPORTS FRCMCO}~ESSIONSAND C~MI~'~ES 1. Oral Reports from Conmissioners - None. C. ORDINANCES AND RESOLUTIONS 1. Ordinance AFendip~ the Zoning Map in Connection with GPA-84-1 and C-210 (Joseph. Kennedy, Peach Hill Rd.) (second reading) ~lanswer teMayor Fanelli, CoaTunity DevelopnBnt Director replied that the subject parcel was part of the Lauer approval. He said it ~ould not remove any obligation as to street connections, read lmprovaments, easements, etc., but would adjust or defer same of them, including the emergency access road. Councilmember Clevengerexpressed 3~12/5/84 the view that the application was favorable to the City because the ir~nediate building of the road would have been undesirable. HLAVA/CLEVENGER MOVED TO READ ORDINANCE NS3-ZC-91 BY TITLE ONLY, WAIlZING FURTHER READING. Passed 5-0. HLAVA/CLEV~GER MOVED TO ADOPT ORDINANCE NS-3-ZC-91 AS READ BY TITLe. Passed 5-9. 2. Anti-Loitering Ordinance (second r~a~ing) ~ CALLON/HLAVA MOVED TO READ ORDINANCE 38.124 BY TITLE ONLY, ~AIVING FURTHER READ]2qG. Passed 5-0. HLAVA/CLEV~NG~ MOVED TO ADOPT ORDINANCE 38.124 AS READ BY TITLE. Passed 5-0. 3. Personnel Resolutions a. Resolution Adding to Basic Salary Classes and Employment Position Classifications of Non-Management ~]nployees Councilmember Hlava inquired as to the reason for c~iSsiOn of the position entitled "Secretary to the City Manager:' from the salary schedule, while it was included in the list of ~mployment position classifications. City Manager explained that the Council had preferred not to create the class of Secretary to City Manager. The person serving in that position, he said, is classified as a Secretary. He further explained that he anticipated the possibility of recon,nending that the class be activated in the future, although that would not be implemented by the Council' s adoption of the resolution. Mayor Fanelli asked whether the salary schedule reflected changes n~de to the original recom- mendations by the Council~ and City Manager stated that it reflected all changes Council has made as of this moment in the past slither months when the issue was before the Council, He added that the salary schedule could not be presented to the Council at that time because the position of Administrative Services Director, who would ordinarily prepare the resolution, was vacant. MOYLES/CALLON MOVED TO ADOPT RESOLUTION 85-9.62. Passed 5-0. b0 Resolution Revising Salary Ranges for Non-Management Employees CLEVENGER/HLAVA MOVED TO ADOPT RESOLUTION 85L9.63. Passed 5-0. c0 Resolution Revising Benefits for City Manager, with Resolution Appropriating Funds for that Purpose CLEVENGER/HLAVA MOVED TO ADOPT RESOLUTION 775.8. Passed 5-0. HLAVA/~GER MOVE]D TO ADOF~ RESOLUTION 2151.14 APPROPRIATING FUNDS. Passed 5-0. Councilmember Callon reiterated her previously-expressed concern that the City ought not to pay Public Employee Retirement System benefits on behalf of employees because there is then no alliance between the City and employees in efforts to encourage the State to keep contributions low. D. BIDS AND CONTRACTS 1. Recul~lendation for Award of COntract-on Geological Hazards Mapping .,. Consulting Services in Southern and Western Portion of City City Manager explained proposal, and Con~nuni~y Develo~nent Director gave further details, including description of area to be mapped. Councilmeraber Hlava pointed out that a large port/on of the area had been developed. Cc~rnunity Services Director stated that one purpose of mapping such areas could be to notify residents · of areas which might slide rather than waiting for damage to occur. City Manager stated that very effective preventive n~ans could be taken to prevent damage. He believed the mapping was desirable to assist in identifying hazardous areas, and he felt it could be very cost-effective as opposed to reacting to problems. He also stated that substantial areas in the mapping area had not been developed. City Manager then hoted that applications were always being presented for additions to existing structures; these would also be subject to mitigation measures if located in areas of actual or potential geologic hazard. Where property damage is occurring, he said, it is in areas developed before Saratoga' s mapping programs Were initiated. 4-12/5/84 Councilmember Hlava felt that funds for mapping should be used in ares not yet developed. She commented on the wide disparity among the bids, as did Mayor Fanelli. The latter inquired as to the reason for not recommending the low bid, especially since it had been submitted by a reputabl~e firm which had done business with the City previously. Community Development Dfrector stated that the low bid lacked imagination and provided no details. City Manager stated that the unit costs of each bid were virtually identical, and that the difference simply reflected that the low bidder intended to spend much less time on the project. Councilmember Callon noted that the work would have to conform to the Request for Proposals; she felt that the fact that the low bidder estimated less time to perform the work should not disqualify that firm. City ~mnager stated that the quality of the work would be in proportion to the time expended. Councilmembers discussed issues, and Councilmember Clevenger stated that the low bid's lack of a good summary worried her. c~.~JENGER/MOYLES MOV~ TO AWARD THE CONTRACT TO WILLTAM COTTON AND ASSOCIATES. Failed 2-3 (Callon, Fanelli, Hlava opposed). After further discussion, Community Development Director stated that staff could contact bidders and return to the Council with a report on the discrepancy within 30 days. CALLON/FANRrJ.T MOVe]3 TO DIRECT STAFF TO RECONTACT BIDDERS IN 'I'EF~4S OF THE DISCREPANCY IN THE BIDS AND TO REPORT TO THE COUNCIL IN 30 DAYS. Passed 5-0. Councilmembers discussed lawsuits in which some of the firms might be involved. Mr. Toppel of the City Attorney's Office recommended that if one firm were investigated as to that point, they all should be. There was consensus to separate the developed area about which Councilmember Hlava had expressed concern and to designate it as Alternate 3. The hour of 8:00 p.m. having arrived, Mayor Fanelli proceeded to public hearings on the agenda. V. PUBLIC HEARINGS - 8:00 P.M. OR EARLIER A. Consideration of Any Objections to Proposed Weed Abatement Deputy City Clerk reviewed procedures and noted that no written objections had been received. The public hearing was opened at 8:25 p.m. No one appearing to speak, it was closed at 8:26 p.m.,, FANF~.LI/CALLON MOVEI3 TO ADOPT RESOLUTION 2200 ORDERING ABATEMENT OF W~:~:~)S. Passed 5-0. B. Appeal of Denial of Variance to Allow a 10-ft. Fence Seven Ft. from the Side Property Line at 14681 Farwell Ave. in the R-1-40,000 Zoning District (Appellant/applicant, J.P. and G. DeVos) (V-662) Community Development Director explained appeal and pointed out the site on a map. In answer to Councilmember Callon, he stated that the applicant had the right to build a 6-foot fence on the property line if he wished. The public hearing was open~ed at 8: 30 p.m. Paul Devos appeared to speak as the appellant/applicant. He reviewed the sequence of events, explaining that the wall, which had originally been built at 8 feet, had been raised by two feet when it was noticed that the neighbors could look into the hathroom. A 6-foot fence on the property line, he stated, would be 3 inches higher than the existing wall. He expressed willingness to plant landscaping which would screen the wall. Richard Stowers spoke as the architect for the project. He felt the existing wall blended better with the house than would a fence on the property line. No one further appearing to speak, the public hearing was closed at 8:35 p.m. Councilmember Hlava stated that she could make the findings to grant the variance because of the unusual topography of the lot, which resulted in the neighbor being 5-12/5/84 close but at a higher elevation; because the Cotnlcil has allowed higher walls in certain areas where there are extraordinary circumstances; and because granting the variance would therefore be a common privilege. Councilmember Callon agreed that the topography was the deciding factor, although she was not pleased that the applicant had built the additional height on the wall without proper authority. Other Councilmembers were unable to make the required findings. Councilmember ~ Clevenger commented that the house was built on the setback, indicating an intensive use, and she did not wish to be a party to an even more intensive use. MO~,F,q/C~C~ MOV]~D lID DENY THE APPEAL. Passed 3-2 (Callon, Hlava opposed). Mayor Fanelli then returned to unfinished items preceding public hearings on the agenda. 2. Report on Liability Insurance Proposal City Manager reported that the City's liability insurance had been canceled, necessitating coverage through another, more expensive carrier. He presented the resolution appropriating funds for the higher premiums. He noted that the original carrier had not paid any money in losses as of this date. He explained that Saratoga was a good insurance risk, and that there were reasons for the cancellation which had nothing to do with Saratoga as distinct from any other city. HLAVA/cI,RVENGER MOVtD TO DIRECT STAFF TO OBTAIN COVERAGE FROM THE CHICAGO INSURANCE CO. AND TO ADOPT RESOLUTION 2151.16 APPROPRIATING FUNDS FOR THE INCREASED PREMIUMS. Passed 5-0. Councilmember Hlava volunteered to contact local legislative representatives in order to bring about changes in such areas as California's joint and several liability rule. VI. ~ BUSINESS A. Discussion Of Oral Cul~l~0nications, if any - None. B. Written C~t,l~0nications from the Public #1, #2 and #3 from D. Eagleston, Saratoga Village Association, making various c~fents end recommendations concerning Village issues - noted and filed. #4 from S. Carnekie and K. Kerdus, thanking Council on behalf of staff for granting two extra days off during the holiday period - noted and filed. C. New Business from Staff, Administrative Reports not Scheduled Community Services Director reported that Saratoga Cable TV had announced a rate increase. There was consensus to approve the staff recommendation that staff be directed to write to Saratoga Cable TV objecting to the rate increase. ~ City Mar4ger noted that the Council had received a report from the Community Services Director concerning complaints about Green Valley Disposal. D. New Business from Councils Callon - reported that more burglaries had taken place in her neighborhood and requested focusing on that area. Hlava - reported on a problem on Worker's Compensation in connection with the Transit Assist Joint Pc~ers Agreement. M0yles - presented Charles Robbins with an award from Saratoga's Japanese Sister City, Muko-Shi, for his long-time involvement with Hakone Gardens. Clevenger - reported on an IGO meeting at which the statement had been made that Saratoga had not adopted a hazardous waste ordinance. Staff was requested to determine where the misconception lay, since Saratoga had indeed adopted such an ordinance. Fanelli - inquired as to whether anyone was to attend the IGC meeting 12/7 on hillside density; no one was. She then presented a large number of gifts from City of Muko-Shi, Japam 6-12/5/84 E. Action Referral Log - No cc~_nts. VII. ADJOURNMEN~ The meeting was adjourned at 9:25 p.m. to 6:00 p.m. in the Community Center Senior Wing on 12/6, then to 8:00 a.m. in the Community Center Senior Lounge on 12/7. Respectfully su~tted, Grace Eo Cory Deputy City Clerk