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HomeMy WebLinkAbout06-05-1985 City Council Minutes · IME: Wednesday, June 5, 1985 - 7:00 p~m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting ROLL C~LL -- Councilmembers Cle~em~3e~, Hlava and Moyles present at 7:07 · p.m. Councilmember Callon and Mayor Fanelli absent. Coun~i~member Clevenger ~resided at the meeting as Mayor Pro Tern. ~q~,,5/21 Councilmember Moyles pointed out that~th~$57000~figure-concerning the Sister City Cc~mittee on page 1 of the 5/21 minutes should be $500 each time it occurPe~. HIAVA/MO~.F~ MOVED APPROVAL OF THE 5/15 MINUTES AND OF THE 5/21 MINUTES AS AMENDED. Passed 3-0. ' ~C.' RESOLUTION APPO IN~ING MEMBERS OF TM]~ PUBLIC SAi-Er~ COMMISSI(~ ]~ND T~ HLAVA/MOY~.F-q MOVe3 TO ADOPT RESOLUTION 2238. Passed 3-0. D. ADMIN]b-n~I~ OF OAT~ OF O~CE ~D OO~MISSIC~S Mayor Pro Tem Clevenger administered the Oath of Office to Commissioners Heid, Keapernik, and Rollins. (Clerk's note: Commissioner Veester, who was unable to be present, had previously been sworn in by the Deputy City Clerk). Councilmembers congratulated the new and reappointed commissioners, and Mayor Pro Tem Clevenger welcc~ed them to the service of the City. Mr. McIntyre presented to the City a clock which had been made by his son-in-law, Mr. Pierson. Mayor Pro Tem Clevenger thanked Mr. McIntyre on behalf of the citizens. Edna Young rose to request permission to have an art gallery in her recently- .purchased home. There was consensus to discuss the matter under New Business. 1. Fin~] ~,~]~ng Site Ap~, S~R 1574, Ma~l~n (]1aries, ~r~-~n A~e~ue (2 lots) 2. Fin~] ~]ding Site Approval, SDR 1592, Albrecht, San Marcos Rd. (1 lot) 4. Resoluti~ Uph~]~{ng P]~-ning C~m~ssic~ Decisim em Sinsley app-~] ~d 5/17 RESOL~I'I~ 2239 5. Resolution Upholding Planning Commission DeciSion on Bohn appeal heard 5/17 RESOL~I'IOM 2240 6. Approval of Wa~t List Councilmember Hlava asked questions of the Warrant List which were answered by staff. }tLAVA/MOYL~.q F~VED TO APPROVE CONSENT CAnRNDAR. Passed 3-0. 2-615185 1. P~po~lz ~m C~rba~e C~mtrac~ 1~; ~ty ~ices Dir~or ~la~ re~ ~i~l~ly ~e n~ to adZi~t ~ts by ~e cities involv~ ac~ to the costs of coll~on in the 'rive cities so ~t one city was not s~sidiz~ ~o~er. ~ter dis~ssion, ~ere was tentative consensus favorin9 no rate increase this year and negotiation of a ~-y~ p~s~ h~se to ~lize ~sts ~on9 ~e cites. Wi~h .reset to ~e landfill, Councilmembers Hlava and Moyles stat~ their' diS~terest in~ dis~ss~9 ~pi~liza~on of additional l~ill at ~e City's ~se. ~ci~r M~les · ~ ' ~ fic ~i~ ~ ~; ~V~/MOYLES MO~D~'~POtNT~CO~C~M~ CL~Gm ~ THin T~FIC ~U~ORI~ ~RY ~. Pass~ 3-0. ~ci~s dis~s~ irrev~bility determination amendment, whic~ ha~Been approved at the previous meeting, and amendment concernin~ number of trustees. There was consensus to determine the number of trustees at a later date, which n~ssi~t~ e~sion of ~e t~e ~ri~ for a~n~ ~e ~rd MO~.P-qX~ MO~ ~ ~P~ D~ ~ ~2 S~MI'l'l'~ BY ~ CI~ ~ ~R ~I~NG ~ '.~ ~UST~ ~ SIX MO~ .~'f~ ~P~ OF ' ~ ~ S~S ~R ~ ~ON BY ~ IN'f~ ~ S~. Pass~ 3-0. ~t~ dis~sion,. ~e was cons~Sus to ~le ~e sale pr~s~ by ~ ~dino, at l~st ~1 f~ ~,m~tions ~d ~riv~ fr~ ~t city as pr~s~. 1. Re~: on ~w ~orc~t ~pr~iation We~ from ~lic ~fety ~ ~wis of ~e I~lic ~ety ~ission re~ on pl~ recep~on for deputy sh~iffs ~d o~er a~i~es of ~t co~ission. ~ci~r Moyles e~ress~ satisfa~on wi~ ~e re~ ~d s~t~ ~s ~on that the Council had acted too hastily on the fire safety retirements for the Owens p~oject~ he felt if they had waited for this report, they would have acted ~ffer~tly. ~ci~ ~a~ ~d ~yor ~o ~ Clev~9~ ~, ~yin~ ~t ~3 ~di~tes ~t ~e r~~on of ~e a~r~riate f~e cMef s~ould followS, which was done on ~e ~s p~oje~ ~t~ f~ dis~ssion~ ~e was ~e ~al Pi~ w~dch wo~d implant retardations 1-3 after a ~cil study session on ~e ~il~ ~a'.of ~e ~br~ ~ssion re~ on its a~vi~es, n~in~ ~e ~ission had d~id~ to re~ money to ~e ~cil. Co~ci~e~r as l~islative li~son~ was r~est~ to write ~o~ Vas~n~llos to ifluence ~e Ways ~d Me~s ~itt~ to en~a~e a l~er allotion of libr~ f~ds in ~e S~te budget. The hour of 8:00 p.m. havin~ arrived, Mayor Pro Tem Cleven~er proceede~ to public h~s on ~e ag~. 3-6/5/85 Vo P~JBLIC ~EARINGS reserves were sufficient to allow the Council to return $200,000 from reserves to ~a~t __ ~m3ne~a~nG program if desired. · The public hearing was opened at 8:12 p.m. No one appeari~g'~6 speak, it was closed at 8:13 p.m. Councilmember Moyles spoke against the proposed budget. Although the staff work was very good, he said, the budget reflected a lack of focus from the Council. He reviewed his concerns in a number of areas and made m~tions to change the budget as s~narized below. Program 540 (Sheriff's Contract) - felt the requested 8% increase in activity was unjustified, and the Sheriff must be brought into line with what Saratoga wants and can afford. He reviewed the repeated requests for increases by the Sheriff, as well as his tardy provision of the required Plan of Services. Noting that the Sheriff had stated that the increase related to items which could be handled by the Communi- ty Services Officers, he felt the allocation should be reduced to a 5% increase to allow for the deputies' salary negotiations, but there should be no activity in- crease funded. He so moved, but the motion died for lack of a second. Other Councilmembers expressed agreement with the issues Mr. Moyles raised but felt the amount in the budget was a reasonable compromise. Pavement Management Program - felt the program should be increased to original amount requested by staff in order to keep faith with the residents who will pay the Utility Users Tax. Other Councilme~bers agreed. MOYT.~/HLAVA MOVED TO RETurN $200,000 TO THE PA~ MANAG~ PROGRAM F~OM THE ~ b~a~D BALANCE, BRINGING IT TO A TOTAL OF $1,050,000. Passed 3-0. Program 550 (Community Services Officer Program) - felt that funding the clerical assistant requested would enable the CSO's to ~erform their duties better, espaCial- ly in view of the increased demand for CSO service. He so moved, but the motion died for lack of a seoonc~ Other Councilmembers felt the issue had been discussed and the position was not justified. Progcam 170 (Revenue Sharing Activities) -pointed out that Saratogans were being asked to pay more to fund the library than the City receives in property tax allocations because of inequitable formula for redistribution of property tax revenues. He felt the City should consider seceding from the County library system. He then moved to reduce the library funding to the previous level of $17,500, but the motion died for lack of a second. Other Councilmembers felt the full allocation should be retained, including the funding for Sunday open/rig, because the library was such an important community asset. IThey agreed that negotiations with the County should be undertaken but felt that would be a long process, and the money lwas needed now. Program 620 (Special Projects) - did no.t support the $5,000 for the Village plan, believing it to be a low priority. He moved to delete the funds or reallocate them for Village Parking District #3, but the motion died for lack of a second. Other Councilmembers thought the work of the Village Task Force should be implemented, and the problems of the parking district would not be solved by $5,000 in any case. Councilmember Moyles ~ded upon his concern with County issues. He felt that no program involving the County was going well; that the situation could not continue indefinitely; that City revenues were increasing very little except for the added taxes; and that the City budget was largely in the hands of people who did not reflect the concerns of Saratoga. He intended to vote against the budget. Councilmember Hlava expressed Concern about the Volunteer Center; she wished to fund it only the the amount needed for City staff to run the center. City Manager stated that the budget reflected that decision. 4-6/5/85 HDAVA~CLEVE~=MOVED TO NOTIFY THE VOLUNT~ CENTER THAT THE CONTRACT WOULD NOT BE Pd~qEW~D AFTER ITS EXPIRATION. Passed 3-0. Councilmember F_lava then suggested that Community _~jD~e~yvelopment~l~ck~ant funds be provided for--equipm~_n~t for_ ~_e ~sns~it--Ass~v~n~' Mayor Pro Tern Clevenger noted that that could be ha~another?~me ff the Council wished. Councilmen~r Cleve~ger then stated that she shared nklny of '~..3Mo~_~_~ that those cones would need to be handled in the future. City Manager explakled that the budget exhibit should have indicated that the tele- phone system was to come from Revenue Sharing rather than Capital Improvement funds. HLAVA/CLEVENGER MOVED TO ADOPT RESOLUTION 2241 APPROVING THE 1985-86 B~)GET AS AME~DRD. Passed 2-1 (Moyles Opposed)'. B. Design Review Appro~-al to construct at Two-Story Residence., on a Su~an] Lot at 14466 Oak Place (A-1069) (oc~tinued frcm 5/1) 1. App~ of Above Approval (App~l~a.t, W. and A. Coughed.) 2. ~peal of Condition of Above/k~proval to I~nkit Size of Residerace to 2,380 .,~]. ft. (Applicant/appellant, L. and E. Protiva) Mayor Pro Tem Clevenger noted that the applicant had requested a continuance to July 3 to prepare plans. The public hearing was opened at 8:50 p.m. No one ap~.ing to speak, it was closed. at 8:51 p.m. F]DYLF-q/HLAVA MOVED TO CO~I'INUE ~ PUBLIC HE TO JULY 3. Passed 3-0. C_ Appeal of approval of Use Permit to allow construction of a One-Story Storage B~dlding within 15' of the rear and side property lines, and Design Re~iew to exceed the 6200 sq. ft. gross floor are standard at 14311 Quito Rd. (~q~plicant, P. Heath; appellants, Mr. and Mrs. J. Pope) (UP-578, A--1087) '- Mr. Toppel of the City Attorney's Office stated that he would abstain from participation in the item because Mr. Heath is his client. The public hearing was opened at 8:56 p.m. Pat Pope rose to spesk as an appellant. She distributed photographs of the site and reiterated the points in her appeal letter. - Paul Heath then rose to speak as the applicant. He stated that all Mrs. Pope's concerns had been addressed by the Planning Commission. He believed the findings made by the Commission indicated that her concerns had been dealt with. The proposed building would have almost no impact on the neighbors, he said, especially because his lot was lower than theirs. No one further appearing to speak, the public hearing was closed at 9:09 p.m. Mayor Pro Tem Clevenger stated that she had a problem approving a building 15' from a fence where it should be 50', but when she looked at the site it appeared to be satisfactory. She had inspected it from the Heath property, she said, and felt it would not impact the neighbors. Councilmember Hlava felt the proposed building was appropriate for t~e site and agreed that it would not impact the neighbors. Councilmember Moyles opposed the application because Mr. Heath had not applied for proper permits before beginning construction and because he shared the concerns of the Planning Commissioners who had voted against it. HLAVA/CI~RVR~EE MOVED TO DENY THE APPEAL. Passed 2-1 (Moyles opposed). D. Prc~t ~ing in C~(ml with Iandscaping and I~ighting District IJ3~-i (existing) 5-6/5/85 The Mayor Pro Tem made the required statement and delared the public hearing open at 9:10 p.m. The Deputy City Clerk verified that the affidavit of publication and certificate of posting the resolution of intention were on file. The Community Development Director explained the nature of the project and noted that there were no written protests. No one appeared to make an oral statement, and the public hearing was closed at 9:16 p.m. HLAVA/MOYLES MOV~ TO ADOPT RESOLUTION 2227D OVERRULING PROTESTS AND ORDERING THE IMPROV]A~EN~S AND CONFIRMING THE DIAGRAM AND ASSESSM~N~P. Passed 3-0. ~ E. P~utest ~e~ring in Cc~nectim with Iandsc~ping and Light/rig District T.TA--1 (anne~atim) The Mayor Pro Tem made the required statement and declared the public hearing open at 9:20 p.m. The Deputy City Clerk verified that the affidavit of publication and certificate of mailing the resolution of intention were on file. The Community Development Director e×plained the nature of the project. City Manager reviewed a letter of protest from Aaron Katz and a letter of qualified support from Don O ' Neill. Harvey Orndorf, 18944 Bonnet, spoke in favor of the annexation, outlining the ef- forts of homeowners to provide appropriate landscaping. Bill Philips, 19096 Bonnet, confirmed Mr. Orndorf's statement and supported the annexation. No one further appearing to speak, the public hearing was closed at 9:32 p.m. MayOr Pro Tem Clevenger commented that if such districts could be set up all over the City it would be very productive, particularly where the proposed freeway is to be constructed. Councilmember Hlava considered Mr. Katz's letter fairly porsnasive but noted that most residents seemad to agree with the proponents of the annexation. HLAVA/MOYT,F.q MOVED TO ADOPT RESOLUTION 2228D OVERRULING PROTESTS AND ORDEPamNG THE A~qEXATION OF T~:MRITORy TO THE EXISTING ASSESSFj~qT. DISTR/T, ORDERING IMPROVEMENTS, AND CONFIRMING THE DIAGRAM AND ASSESSM~qT. Passed 3-0. Mayor Pro Tem Clevenger recessed the meeting from 9:35 p.m. to 9:46 p.m., then returned to unfinished items preceding public hearings on the agenda. C. ORDINANc~R A~D RESOLUTIOIIS 1. Ordinance Repealing CIL 3 of the City Code and adding a new Ch. 3 per~i~ing to Ccestructic~ and Bn{lding Re~fiatices (second r~a~ng) HLAVA/MOYT.~.q MOVED TO READ ORDINANCE BY TITLE ONLY, WA/VING FURTHER READING. Passed 3-0. MOYT.F-q/HLA~/A ~K3V~I) TO ADOPT ORDINANCE 38.134. Passed 3-0. FIDYT.F.q/}ILAVA ~ TO ADOPT RESOLUTION 2242. Passed 3-0. 3. PEsoluticm uaxcerning Ga/nes Deferred T-prOvPm~nt ~m=nt Councilmember Hlava asked why the problem requiring adoption of the proposed resolution had never come up before. Mr. Toppel of the City Attorney's Office replied that the project had apparently been reviewed by an examiner who was stricter than usual at the County level, who had required the new agreements. HLAVA/CLEVENGER MOVED TO ADOPT RESOLUTION 2243. Passed 3-0. D. RTnS AE~) (I~V/~%~C'IS - None. Mayor Pro Tem Clevenger proceeded to items following public hearings on the agenda. V/. NEW BUSINESS 6-6/5/'85 A. D/scussic~L of (h--d1 n,,,,,unicati(ms, if any. Mr. Toppel .of the City Attorney's Office reviewed Mrs. Young's request, and Councilmembers disc/ssed it. Community Development Director pointed out that both immediate neighbors had already e~pressed opposition to the proposed use. Betty Maas, 20360 Saratoga-Los Gatos Rd., opposed the use, stating that ~!the house would be appropriate for residential ra~her than cc~mercial use. Mayor Pro Tem Cleverget suggested that Mrs. Young discuss the matter wit~, the City Attorney. B. ~ritten Cum~micatic~s f~fa. the Pub]/c #1 from B. Porcelli requesting refund of fees for use permit - no justifj.cation found for refund. #2 from L. Pahl expressing need for better communication during disasters - City Manager reported that Mrs. Pahl's cones had been met. #3 from S. Schmoll ]:equesting funding for Senior Profile - Mayor Pro Tern Clevenger volunteered to a-~;k the Saratoga Area Senior Coordinating Council about the project. #4 from B. Picone submitting proposal for use of Paul Masson site - referred to Planning Cu~ssion. #5 from J. Bucholtz concerning traffic light at Covina and Prospect - staff directed to inform Mr. Bucholtz that traffic light was responsibility of homeowners association. #6 from ~L Fariss comment/rig on asymmetrical appearance of entrance sign .- staff directed to inform MS. Fariss that sign would be c~leted in the future. D. New ]]usine]s fr(~ Ccounc{ ~lava - T~msit/%ssist ~oard Rec~m.e~ic~ Councilmember Hlava noted that the Town of Los Gatos supported disbanding the Peratransit Coord/nat/ng Council and reorganizing it as part of the Transportation C~l~ssion. HLAVA/~.RV]~GER MOV~3 TO DISBAND THE PAPATRANSIT C00RDINAT/NG COUNCII~ Passed 3-0. E. Actic~ ~eferral Log VII. The meeting was adjourned at 10:16 p.m. Respectfully suhnitted, Grace E. Cory Deputy City Clerk