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HomeMy WebLinkAbout08-13-1974 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, August 13, 1974 - 7:30 p.m. PLACE: Crisp Con.ference Room, City Hall, 13777 Fruitvale Avenue, Saratoga, California 'TYPE: Adjourned Regular Meeting I. ORGANIZATION A. -ROLL CALL Present: Councilmen Bridges, Diridon, KraUs and Smith Absent: Councilman Brigham . II. SDR-1103 IFRED MARBURG,~SARATOGA-SUNNYVALE ROAD 1 LOT The'City Manager introduced Mr. Van Du~n, Planning Director, who then discussed the proposed project with the Council. He pointed out the two areas of concern which had been raised-atlthe last City CouncilMeeting -' ehe question of adequate control-of~garbage in the back of the~roposed store asLwell as the existing one, and'the matter of the landscaping.~) There was considerable discussion with'regard to the garbage enclosures, and when Mr. Marburg, architect for this project, was asked if it could be guaranteed the doors of the garbage enclosures'could be closed, he indicated they would be amenable to putting self-cl'osing doors on the enclosures. Interest was also expressed concerning the landscaped area near Saratoga-Sunnyvale Road, in an attempt to effectively hide the vehicles in the parking lot. After additional consideration, it was moved by Councilman Bridges and seconded by Councilman Kraus that Conditional Building Site Approval be granted, as recommended by the Plannihg Commission~ The motion was carried. III. ADJOURNMENT It was moved by Councilman Bridges andsseconded by Councilman Diridon that an Executive Session follow th~ Committee:of the Whole Meeting this evening. ~he motion was carried. The meeting w~s adjourned at 8:10 p.m. .. ectful itted, Robert F. Beyer MINUTES SARATOGA' CITY COUNCIL TIME: Wednesday, August 7, 1974 - 7:30 p.m. PLACE: Saratoga City Council Chambers, 13777 Fruitvale A~e., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Brigham, Diridon, Kraus and Smith B. MINUTES It was moved by Councilman Diridon and seconded by Councilman Bridges the minutes of July 17, 1974, be approved. The motion was carried. II. BIDS AND CONTRACTS A. BROOKGLEN PARK The City Manager advised two bids were received on the Brookglen Mini Park, . the low bid being from Palo Alto Landscaping for $21,929.50 for base items 1 thru 14 on the Bid Summary. He indicated this is 21.7% above the engineer~s estimate of $18,015.00. Additionally, he indicated the two bids were received for items 15 thru 18, which include chain link fencing and power pole bumpers, at $2,650.00. The other portion of this project for which"bids-wefe?'~deived was for (1) arbor and tire swing; (2) play structure; and (3) electrical. He stated the low bid on these alternates was received from Palo Alto Landscaping in the amount of $5,440.00. The City Manager indicated it would be his recommendation that the Council accept the low bid from Palo AltolL~ndscaping for base items 1 thru 14, and delay purchasing of the fence and installation until the park has been com- pleted. It was also hi~,-recommendation the three alternates on this proposed project not be accepted at this time, unless the Parks and Recreation Commission could recommend an adjustment, using funds already allocated td~iidanother park project. Comments were heard from members in the audience, namely, W. G. Carlson, 12234 Brookglen Drive, and Mr. S. Motts, 12260 Mellowood Drive, in favor of completing this entire project w~[_~_ut/~d~.e_l_ay~.~_.-L_? ~ ;_~ ~j~_~_.~. Mayor Smith felt the Council should proceed this e~enipg to approve items 1 thru 14, and the Parks and Recreation Commission review~ih~{~Fprioritf~s' in terms Of other proposed projects and this project'~d' rep~r[' [h~iT'~e~comme~- dations at the next City Council Meeting on August 21st. in Saratoga and further delay might mean another year without a park, he would have to vote against any proposal ~less than~_~h~entire ~pr0je~lf ~douncilman Brigham concurred in Councilman Dirid on ' s comment s and felt t~e' City should move ahead with this park now. It was then moved by Councilman Kraus and seconded by Councilman Bridges that items 1 thru 14 on the bid summary for this project be approved and the contract be awarded to Palo Alto Landscaping for the low bid of $21,929.50. It was further moved and seconded that the low bid submitted by this contractor for the three alternates ($5,440.00) be retained and reconsidered by the Council at its next regular meeting on August 21, 1974, and a report be submitted at that time regarding the implementation of these alternates, as well as the ~pr_o~osed Y~n~/=~$2,650.00). Included within this motion was authorization fbr tHfs'-'~oht~for to proceed immediately on the approved portion of the contract. ' The motion was carried, 3 to 2 in favor, Councilman Diridon and Brigham opposed. B. LEASE AGREEMENT - SARATOGA BRANCH LIBRARY FACILITY' It was moved by Councilman Bridges and seconded by Councilman Kraus the Mayor be authorized to execute the Lease Agreementla~d'forward to Santa Clara County for approval. The motion was carried. C. FINANCING - SARATOGA BRANCH LIBRARY The City Manager indicated ther~ are basically two alternative methods for financing this_library facility: 1) General Obligation Bond; and 2) Lease- Purchase ~nanci~,~H?stated the Library Commission has affirmed its original~domme~d~ti6~ for Lease-Purchase financing; however, it has been indicated if the method of the bond issue is chosen, they would prefer this be included on the March, 1975 ballot, rather than the November ballot. C~p~ilman_B~igham recommended_th~_C~ncjl proceed with the '~s~-~rchase~et~h0d '~{Tfi~__~j~l~wi~h_h~an~>H~y~8~t'e~ ~nd .f~Cl~de lt~i~_0n_'~7.[he~'No~mber b~.- -~o~B~l 7~pm~_i~i~r~Jo~n~rje~h t~{~Cq~mmgnda[ion. ' Dr. Wallace Hall, Chairman, Saratoga Library Commission, addressed the Council, stating he felt it was important. for citizens to be given a full education period concerning library services. It was moved by'Councilman Bridges and seconded by Councilman Kraus that the Council approve the General Obligation Bond method of financing, and this be included as an issue on the March, 1975 election ballot. The motion was _ .carrie~, 3 to 2 in favor, Councilmen Diridon and Brigham opposed. ,~. D. LICENSE AGREEMENT - CONGRESS SPRINGS PARK SITE Barbara Sampson, Director of Community Services, commented it is the Parks and Recreation Commission's recommendation that even though the direction of the baseball diamond is not ideal, Scheme #6'~be accepted .as the development concept of the park, and development of the City-owned portion be considered as Phase I of this project. Councilman ~iridon suggest'ed on page 2, paragraph 3, the last sentence be modified to delete . . "nor, subject to reasonable regulations, by reason of sex." The City Manager indicated this sentence would be modified to state that "LICENSEE shall not discriminate against any proposed participant by reason of race, color, creed, sex, or origin of birth." The City Manager explained that Mr. Rodrigues, representative for the Saratoga Senior Little League, has inquired~ with 'regard to the effective date of insurance liability, and ha~requested this be effective during Licensee's use of the facilities. It was, therefore, indicated the effective date would be shown as April 1 through June 30¥~(page 4, paragraph 7). Councilman Brigham questioned the .provision pertinent to sale of beer, and also, "promotion'%.of baseball, and suggested the agreement be modified to exclude these tw6 '.provisions. It was indicated these references would be struck from the agreement. It was moved bX Councilman Diridon and secon~ by~ouncilman Kraus the.site.i, Agreem&nt between the City ana '~Yar~i~r~Lf~tie L~gh~ be'~pp~o~d"a~'~m~ndedV' The motion was carried. E. FARWELL STORM DRAIN It was moved by Councilman Bridges and seconded by Councilman Kraus the staff be authorized to advertise for bids on this project. The motion was carried'.. - 2 - F. REID LANE, SARATOGA-SUNNYVALE ROAD TRAFFIC SIGNAL Mayor Smith explained the recommended action this evening would be to affirm the Ci~y's participation in the signal installation at the inter- section of Reid Lane and Saratoga-Sunnyvale Road at the cost of $46,000.00. Mrs. Ousley, 20707 Seaton Avenue, requested that some consideration be given - to an alternate location for this signal, that being Herriman Avenue. She felt'~'_~at~a~i~this crossing might better serve pedestrians in this dread than the Signal proposed for Reid Lane. Mr. Shook, Director of Public Works, advised thathe has instructed the Traffic Engineer to explore this possibility of an alternate locationSand report back to the Council his findings. It was moved by Councilman Kraus and seconded by Councilman Diridon the City communicate to the State its willingness to participate in fudding of this project in the amount of $46,000.00. The motion was carried. III'. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. MV-76 'Resolution Establishing No Parking and Tow Away Zone for Portion of Alta Vista Avenue The City Manager explained this resolution is in follow up to several meetings with residents of this area and the Traffic Engineers, and it is recommended it be adopted at this time. It was moved by Councilman Bridges and seconded by Councilman Kraus Resolution MV-76 be adopted. The motion was carried. B. RESOLUTION NO. MV~80 Resolution Prohibiting Parking on a. Portion of Fourth Street It was moved by Councilman Kraus and seconded by Councilman Diridon Resolution MV-80 be adopted. The mgtion was carried. C. ORDINANCE NO. 38.59 Ordinance Pertaining to Swimming Pool Fencing It was moved by Councilman Brigham and seconded by Councilman Kraus this ordinance be introduced ;Zeh~:~adi~'g ~ai~'~" /S~ptember 4th. The. motion was carried. D. REQUEST FOR NAME CHANGE - SARATOGA YOUTH CENTER (Cont'd. from 7/3/74)' Miss Sampson, Director of Community Services, advised there were no objections expressed regarding this proposed name change of the Saratoga Youth Center to "City of Saratoga Community Center". It was moved by Councilman Bridges and seconded by Councilman Kraus this name change be approved. The motion was carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT 4768 OSTERLUND ENTERPRISES, ALLENDALE AVE. It was moved by ~ouncilman Diridon'and seconded by Councilman Bridges the Council accept improvements for construction only on this trac~. The motion was carried. B. TRACT 4887 SARATOGA FOOTHILLS DEVELOPMENT CORP., HILLMOOR DRIVE It was moved by Councilman Diridon and seconded by Councilman Bridges the Council accept improvements for construction only on this tract. The motion was carried. C. TRACT 4886 OSTERLUND ENTERPRISES,.VERDE MOORE COURT It was moved by Councilman Diridon and seconded by Councilman Bridges the Council accept improvements for construction only on this tract. The motion was carried. D. TRACT 5409 OSTERLUND ENTERPRISES, INC., SARATOGA AVE. & BUCKNALL It was moved by Councilman Diridon and seconded by Councilman Bridges the Council accept improvements for construction only on this tract. The motion was carried. E. SDR-1128 COLLEEN KAMBER, PARK DRIVE 1 LOT It was moved by Councilman Diridon and seconde.d by Councilman Bridges that Resolution SDR-1128-1 be adopted. The motion was carried. F. SDR-~3~i~ FRED MARBURG, SARATOGA-SUNNYVALE ROAD 1 LOT Councilman F, raus indicated he has received some citizen complaint with regard to the.l~f6p0s.ed~'~afeway Store at this location, particularly with regard to litter in back of the store, and was concerned how this garbage problem would be taken care of. Mr. Marburg, who is the architect for this project, assured the Council this situation would not exist when the new building is constructed. He indicated in the process of the re'-deSign of the existing facility, the l'oading ramp has been eliminated~land all garbage has been hauled out from the interior of the building. Mr. Marburg clarified for the Council this is not an expansion of the existing' store, but it is actually a new facility~ and the old one would be put to a Mayor Smith suggested this matter be continued to an A~journed Regular Meeting so the COuncil could see the plans for this building. The City Attorney pointed out the Council has no power to modify or add to any of the conditions imposed, but could only determine if the conditions have been complied with. It was moved by Councilman Bridges and seconded by Councilman Kraus this matter be agendized for an Adjourned Regular Meeting on August 13th to review plans for this project and consider Final Building Site Approval. The motion was carried. G. SDR-1070 DOUGLAS HINES, PIERCE ROAD 3 LOTS It was moved by CoUncilman Diridon and seconded by Councilman Bridges ,~. Resolution SDR-1070-1, granting Conditional Building Site Approval, be ~bpted. The motion was carried. · - -4 - H. ENCROACHMENT'PERMIT - STORMDRAIN,MANHOLE, CORDWOOD COURT The Director of Public Works reported this encroachment has been inspected and all work has been satisfactorily completed. It was moved b~ Councilman Kraus and seconded by Councilman Brigham the bond guaranteeing this construction of improvements be released. The motion was carried. I. SDR-1127 DAVID ZAPPACOSTA, PAUL AVE. 1 LOT ~P~"~'~staff recommendation, dated July 30, 1974, it was moved by Council- "'--man~Bridlg~s and seconded by Councilman Kraus that Resolution SDR-1127-1, granting Final Building Site Approval, be adopted and the Mayor be authorized to execute a Deferred Improvement Agreement. The motion was carried. J. SDR-1058 CHAIHO KIM, SUNSET STREET It was moved by Councilman Bridges and seconded by Councilman Brigham a six-month extension for completion of street improvements be granted. The motion was carried. K. A-430 FOURTH STREET WALKWAY Mayor Smith!'~dvised the cost for half-street improvements from Fourth Street to Oak Street has been estimated at approximately $8,000, and the developer is asking for II[~&~d~j~si~a[[~i~a6~onbi~"~a~fn~'the difference between what Mr. Franklin ~s'~&~d£~ad~'~p~f~'i'~alf-stree~improvement and the cost of the stairway within the Fourth Street right-of-way which they are required to con- struct. The City Managenc pointed out this estimate did not take into account the slope of the street in this location and indicated that the Public Works engineer has submitted an estimate for $12,000 for half-street improvements. Therefore~ he indicated it would be his recommendation the City not participate in this project, but deny the r~quest. There being no further'comments, .it was moved by Councilman Kraus and seconded by Councilman Bridges the request for participation in the half-street improve- ments be denied. The motion was carried. V. PUBLIC HEARINGS A. E.I.R. REPORT ON 1974 SARATOGA GENERAL PLAN (Resolution No. 70~) The City Manager explained that the draft E.I.R. for the General Plan was considered by the Planning Commission several months ago and then forwarded to the City Council. It was the~ forwarded to the State Resources Agency, and a thirty-day waiting period was necessary before t~e City could act after that filing. He indicated the resolution is now before the Council and must be adopted prior to adoption of the General Plan. The Mayor opened the public hearing'(9:25 p.m.) There ~eing no comments, it was ~oved by Councilman Kraus and seconded by Councilman Brigham the public hea~ing be closed. The motion was carried. The public hearing was closed at 9:26 p.m. It was then moved by Councilma~ Kraus and seconded byeCouncilman Brigham Resolution 706, Certifying Final Environmental Impadt Report, be adopted. The motion was carried. - 5 - B. 1974 SARATOGA GENERAL PLAN (Rjsolution No..430.1) The City Manager stated this would finalize a long process to update the '. Saratoga General Plan. He~,~tatp~.~b~{_G_~e~nRra!;,Elan ~as t~ent__at~e!y_~_a~p_r~!~! in May; and thisqi~l~'d~dTgeh~lty the acFi~n~ft~s,~'He state~ the Basic Data Report, Geotech~ical~udy~an~ Seis~'~g[~'~em~ ~cYu~'irt~e~ General Plan document, and it .~s anticip~t~d~*~b~e~l~ be a draft ordin~hce which will make the (~i~giO~di~dhe~dOnSi~[~nt.;~ithlt~' ~ehe~al Plan for presentation and rev'~p~bi~ ~t ~W~'~'~dI~'me~E{~ of the City Council. The Mayor opened the public hearingi~9:26 p.m.) There being no further comments, ft was moved by Councilman ~aus and seconded by Councilman Bridges the public hearing be closed; motion carried. Hearing closed at 9~27 p.m.' It was then moved by Councilman Bridges an~ seconded by Councilman Brigham Resolution 430.1, ~opting the 19~4 ~neral Plan, be adopted. The motion was carried. C.REQUEST FOR RECONSIDE~TION OF CO~ITION ~6 ~: ~IMPRO~D PATHWAY ON DOUGLAS LA~ The City Manage~indicated the attorney representing ~orge Day Construction Co. has requested this hearing be postponed to August 21, due to the fact he would be on vacation at this time. It was moved by Councilman Bridges and seconded by Councilman ~aus the public hearing on this matter be continued to August 21st. The motion was carried. D. ~PE~ OF ~ING CO~ISSION DECISION ~LATIVE TO V-409 FOR ACCESSORY STRUCTURE IN A RE~ Y~D IN EXCESS OF 250 SQU~E FEET ON RE~IDE~I~ PROPERTY AT 20341 C~TEAU DRI~ Mr. Van Duyn~ ~l~nnin~_Director, explained this request ,~or'~ variance was m~d~ in 6fd~r=to:~t~owT~re~oh~[rhction of a structure which had fallen t~i~in~"~'non-confor~ing accessory structure. He indicated Mrs. Rozman, the applicant, had hired a contractor to do this ~ork, and~'~e~eneiafl~ a trelis structure used to'shield and cover plants. He indicated ~ ~l~ning Commission had referred this matte~ to the Variance Committee and an on-site inspection was conducted. Mr. Van Duyn explained this was referred t~ the City because of the number cgmplaints received from abutting neighbors. It was'learned the applicant had not obtained the necessary-permitS, and when she came in to obtain these, it was found the structure would be ~ violation of the Zoning Ordinance in that it was 416 square*~eet in excess o~ that which is allowable for this use under the Zoning OrdinanCe. He indicated the maeter 'was again consideredjy the Planning Co~ission on July 10, 1974, at which time the pJ.~f[~epo~t recommending denial was approved. The Mayor then opened the public hearing~(9:30 p.m.). Mrs. Rozman~ 2034-1-'Chateau Drive, Taddressed the Council and stated that after she came into the .City and learned about ~his problem, she tried to design a structure to fall within the 250 square foot requirement. However, she indicated she had already installed 26~posts in the ground and di~ not wish to install 32 add{tional posts, leaving 26 useless posts. the sides and four-foo[~~ront and rear, making the roof level:~{~h~r -an~2i~ ~t~e~fr~cture she wanted to build. ' Appeal Re: V-409 for Accessory Structure (Cont'd.) Mrs. Rozman stated she has sent a letter to the neighbors within 500 feet of her property informing them of ~his.proposed design. She pointed out that the primary difference in the two structures is the distance of the posts from each other. It was her feeling, however, the variance structure has the better design and is much more beautiful. Mayor Smith pointed out there are several alternatives in acting on this appeal. Councilman Diridon indicated he would like to view this property before taking action, and then schedule a hearing de devo. Councilman ICraus stated he would favor this course of action. Mr. Davis, 20250 Chateau Drive, indicated he would like to offer some support to Mrs. Rozman's proposed structure and felt it would be aesthetically sitting. Mrs. Rozman.~r~I that the Council proceed on this matter with as much speed as possible, as she has several camelias sitting and burning up during this time. It was moved by Councilman Diridon and seconded by Councilman Brigham the public hearing be closed and the matter be set for hearing de novo on August 21, 1974. The motion was carried. The public hearing was closed at 9:40 p.m. The City Manager indicated his office would coordinate a time for the Council to view this site. VI. SPECIAL HEARING A. REQUEST BY SARATOGA EMPLOYEES ASSOCIATION RE: SALARIES AND BENEFITS Mayor Smith explained this hearing is for the purpose of considering the matter of salaries' and benefits for employees of the City of Saratoga, at the request of the Saratoga Employees Association. He asked if there was a!~representative of the Association present who would like to comment~ Mr. David Leahy, Attorney representing the Saratoga Employees Association, addressed the Council, stating this is the second time he has appeared before this city council. He ~ben asked that the members of the Saratoga Employees Association~jp~sini,~tb~I-audiende please stand, indicating that most of the re City employe~'were in attendance. Mr. Leahy pointed out there are approximately 37 positions represented by the Association, 35 of which are presently filled. He commented that he Wondered if the~'~p~wsp~er.~p~re.ports were correct in stating that the Council was going to h~a~'~n'~ind, but they are going to support the City Manager at all costs. Mayor Smith pointed out the reason for this hearing is to honor a request by the Employees Association to present their facts and feelings concerning a wage and benefits proposal for the City, and this is what the Council would like to hear at this time. ~/,that one of the reasons we are here is because Mr. Leahy stated that it seems.~ of the procedure which is being followed by the City, and it is a legal require- ment that the cities meet and confer in good faith. He felt both parties have approached each othe~ in good faith; however, he stated the employees have no desire of handling this process privately, rather, they are prepared to discuss fully and openly their position. - 7 - Request by Saratoga Employees Association (Cont'd.) Mr. Leahy stated when you examine the Employee Association's one-year proposal and the City Manager's one-year proposal, the differences,are relatively minor. However, he stated the reasonlh~'~nd the Association are present this evening is that the Council are the ones who make the final decision, and the Council acts through the Cit~1 Manager, and the Manager then negotiates the process. Mr. Leahy indicated the Association doesn't expec~ ~o engage in a public negotiating session as it is impossible to get into a negotiating session with any substance at this time. Therefore, he is not proposing the Council take action on salaries and benefits, but that they instruct the City Manager in a particular way. He stated he would first like to take the Councit~b~ough the differences of the two parties based on the ore-year proposal. He commented there was at one time a two-yearproposal presented aS a result of.a mediation prodedure, which was turned d~wn bythe membership. However, it appears the appeal is on the one-year proposal, which includes some 8 or 9 basic items. One intent is to take some individual classifications which are comparitively out of line with other cities and to adjust them independently, rather than an overall adjustment. He stated the Association is in disagreement by 2% on one position (Clerk-Typist II) and 3% on another (Park Maintenance Man). He indicated they are 2% apart on the position of Recreation. Supervisor; however, there is agree- ment~ on the adjustment for Plannin'~Draftsman. Mr. Leahy stated the'other salary. area pertains to an across-the-board increase. He indicated the Associationis last proposal was an 8% across-the-board increase; the Manager~s proposal was 7%. He pointed out that most of the increases with the employees have been discussed in terms of range~. He stated that there is approximately 1% difference presently between the employees and City Manager in terms of the wage increase to be p~id at the b~ginning of this fiscal year. He felt the real.differences start to show up when you get down to the benefits. The Health Insurance benefit difference is not that far apart; however~.th~_ Dental Insurance benefit is $10~ apart, the employees are proposing~a~imum ~i~b~tion of $12.25 and the C~y Manager proposes $2.25. Wit~r~ga~'~~ 'horfd~ys~ both parties have agreed to exchanging certain holiday~or vacation, but the~jT~are. approximately 4 to 5 hours apart at this point. The difference for Personal Leave time is 1 day. U~iforms: The City Manager has proposed to pay $25.00; the Association Would like them' to. pay the complete cost of $42.00. Mr. Leahy pointed out over the years the City of Saratoga in terms of comparison with other jdrisdictions in this county has been traditionallylast in salaries, and last or next to last in benefits, ~L the Employee Association's representa- tive has taken the position that they want to get to a mid-point, and from that mid-point deal with the future. He indicated that one proposal was offered which would increas~ salaries based on the Consumer's Price Index between July and next January; however, the objective is to reach a mid-point now. Mr. Leahy commented that he feels when you look at Saratoga in comparison to other dities, it is apparent that most of the employees are more versatile than those in a larger city. He stated that if the principal of mid-point compensation is adopted, it would be relatively ea§y to settle these negotiation processes. Therefore, Mr. Leahy stated he would l~ke the City Council to consider the principal of employees receiving salaries and benefits which would put them at a mid-point with other cities in the area, and along with that principal, in- struct the City Manager to meet with the S.E~. negotiating committee as soon as possible in an~attempt to reac~ an agreement. Mayor Smith commented with regard to the procedure for meet-and-confer, indicating that as far as the question of negotiating, the City has designated the City Manager to act as its representative and the employees have designated their representative. Hefurther commented that the Council was disappointed that - 8 - Request by Saratoga Employees Association (Cont'd.) during the weekend of July 4th,~the~mediation which was agreed to'by-the Manager and the employees'was not accepted'. ~e~t~*~'d~this process allows a means of compromise; however, as negotiations prolong, logic tends to~ by the wayside and it then becomes a matter of animosity. Mr. Lehey commented that the problem of mediation~f~ ~'public .sec~ is ~t~t~1 there ~re no two equal parties as the employees look d~o~ ~h~ ma~agem~n~'~heir employer. He stated the ideal climate for collective bargaining is mutual anxiety; however, the anxiety is all on ~his rside. He felt that a ~p~l~=~n~,~~ capacity, subject to the member'shi/~ ~d'~nc~di~ti'o~ h~'fail~d~,~h ~ ~'to somering else. He stated the'reason the employees come before the Council is. because they cannot come to an agreemen~ because of certain limitations ~ich have been placed on the City Manager. MaXor Smith commented he felt if the Council were to go on record this evening a~c~p~!ng the average or mid-D~position, ~thi~ ~ould ~edestine the ~. Leahy pointed out in Resolution 509-1, which establishes compensation and benefits objectives for the City of Saratoga, it states: "The City Council will establish salaries and-salary ranges for all City of Saratoga positions sub- stantially equal to the median of salaries anticipated to be paid during the coming y~ar by other cities for simi-lar positions . . ", and Resolution 509.2 states: "~e City Council will seek t~ establish a compensation program consisting of salaries and employee benefits commensurate with that in public and private employ- ment necessary to attract and retain qualified employees for positions with the City of Saratoga . . . ".. M~. Leahy stated he didn't understand why the Council changed this wording. ~ditionally, he pointed out in this resolution the City Manager obtain benchmark surveys and report this information to the City employees. He felt i~ was very difficult to bargain with this kind of policy, and that-is why he was asking the Council to put itself in a bargaining position. ~. Le~hy c~mented with regard to "being able. to attract and retain qualified employees" and indicated since 1956, 39 employees have left the City, of ~ich 21 were employed for 2 years or less. He stated i~ appears~as though the City ~s running a training school for the other cities in the county. ~he ~ttorney ~ommented the employees are asking the Council to act as judges in this ~atter, as the Employees ~socia~.on is only an interested party, and the Council is the only entity which has t~ ~yer to decide in this matter. It was his feeling that the City'~ history ~ terms'Of statements of principal for compen- sation of its employees has been in .tr~ing-to reach a mid-point. 'He s~ed the City of Saratoga is first in many areas, such as attractiveness, low tax rates and low crime rate. ~ In closing, Mr. Leahy stated he would~req~t ~,~uncil to ask ~hat the two parties reconvenein negotiation~e~io~and~dvis~ the City Manager the ~olicy which the Council feels the City Should take. Mayor Smith stated he appreciated this input and indicated he feltSthe Council ,should take the attorney~s advise and talk to the City Manag~r~bo_~ where.they are. Further, he asked'that the Council meet this evening '~n_an~Exe~ive ,Se~i~n and ~he City Manager communicate with the staff tomorrow of ~ha~r' dhe COuncil decides. The City~Manager indicated he would like to clarify some of the comments ~ich have been made~ He stated Resolution,509-2 also says that the City will use~ its dat~)co~lection not only the salaries p~to the other cities, but also would use comparable private industry data.' Furt~t was his feeling the question of the "mid-point" should be negotiated and decided at the bargaining table. He stated there is very little evidence in the history of the employeels turnover throughout the ~ast',Y~h~he's~Pe~Pr~left~rfi~u~arlY;f°r~'reas°n~'°f~ - 9 - Request by Saratoga Employees Association (Cont'd,) The City Manager further stated he is not sure we are talking about such a minor difference, in that the ~roposat the employees are discussing amounts to . · Le y comment~he~intentrof negotiations ~i%~b~t~ou-.add i~,~ome area~.,I Mr ah . _ ~ Councilman Diridon pointed out that. the City just recently went through the anxiety of developinga budget which left "no fat", and the City is not like a large corporation which might have,profit to fall back on. He indicated that earlier in tonight's session the Council could not fund a park~w~ich a major portion of the city's population has looked forward to~ for the lack --' of $10 000. Mr. Leahy commented he was surprised to find the City of Milpitas paying. its employees general at the mid-point ~nd ~oming out overall very well. He suggested a possible solution would be to raise the tax rate; however, he fel~bT~t~'in~-p~riorities and balancin~ the proposal~ the matter could be resol~d] Mayor Smith then indicated there wohld be an Executive Session to follow this meetin~ to further discuss this issuepand closed the public hearinE. VII. ~MINIST~TIVE MAKERS A. A.B. 2040 - Bay ~ea PlanninE~ency It was moved by Mayor Smith and seconded by Councilman Diridon the Council indicate its endorsement of this bill. ~e motion was carried~ 4 to 1 in favor, Councilman Brigham opposed. B. FIN~CE 1. Payment of Claims It was moved by Councilman Bridges and seconded by Councilman ~aua the list of disbursementss 19684 thru 19789, be approved and the Mayor be authorized to sign the warrants. The motion was carrie~. C. CO~CIL ~ C0~ISSION REPORTS ~ 1. Library Commission - Recommendation Re: Lease ~reement - Noted and filed. 2. Councilman Bri~ham - Stated he would be representinE the League~ Resolutions, Committee and has presented ,four resolutions for discussion at their next meetinE on Tuesday~ AuEust'13. The resolution topics were: Release of Highway Trus~ Funds for~ Mass Transit ~t~ak ImprovinE Inter-C~e2y Rail[~vice ,ProVidins Fund~ for U~b~n~W~de BicyCle Route System Non-Smokin~ Legislation Followin~ some discussion of these resolutions, it was moved by Councilman Diridon and seconded byeCouncilman B~idEes the Council ~o on record endorsinE the resolutions2as submitted by Councilman Brigham. The motion was carried. D. DEP~NT ~S ~ OFFICES 1. Director of Public Works - Letter from Dr. and Mrs. Sithey, etal.s Re: Creekside Path - Council approved postponement of this path until the Trails and Pathways Committee had~ reviewed. Ma~ter to be re-aEendiz~ when the City is ready to approve this work and~F~e a. new bond to replace the ~xistinE improvement bond· E. CITY MANAGER 1. Recommendation Re: Purchase of New City Vehicles It was moved by Councilman K~aus and seconded ~y Councilman Bridges the City be authorized to purchase two 1974 vehicles. The motion was carried. 2. Sidewalk Sale (Saratoga Village Merchants) It was moved by ~oUncilman Brigham and seconded by Councilman Bridges the Sidewalk Sale be approved ~or 'Thursday, August 8, from 10:00 a.m. to 8:00 p.m., and Friday, August 9, from 10:00 a.m..to 5:30 p.m. The motion was carried. VIII. COMMUNICATIONS A. WRITTEN 1. Jon P. Svilich, Chairman, Saratoga Festival and Parade Con~aittee, requesting a letter of permission re: Annual Fall FestiVal and Parade. It was moved by Councilman Kraus and seconded by Councilman Bridges the Council approve the parade and communicate its support to the Saratoga Parade Committee. The motion was carried. 2. Lloyd N. Case and Evelyn H. Case, 20537 Verde ViSta Lane, requesting the City Council~s consideration re: the application for a two-story home on Verde Court (Tract No. 5328). - Noted and filed. 3. A. Zettler Greely, 21450 Prospect Road, Cupertino, and John M. Weir, 12343 Arroyo De Arguello, requesting the Council reverse the Planning Commission's declaration regarding rezoning of property encumbered bya Land Conservation Contract. - No action taken. Noted and filed; City Manager to respond. 4. Rosanne Dorsey, etal., San Marcos Road, Saratoga, requesting the City Counoil's consideration in providing horse trails. - Trails and Pathways Committee to consider this entire sub~ject and report at a future time. B. ORAL 1. Councilman Brigham inquired C~gard to the City's Disaster Training Program. The City Manager advised he would have a report for the Council on this subject in 30~days. IX. ADJOURNMENT ~ was moved by Councilman Diridon and seconded by Councilman Kraus the meeting be adjourned to an Executive Session this evening and toTan A~journed Regular Meeting Tuesday, August 13th. ~The motion was carried. The meeting was adjourned at 11:25 p.m. ectfull submitted, Robert - 11 -