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'..
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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. · -
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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.
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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.
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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
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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~
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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
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