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HomeMy WebLinkAbout11-04-1981 City Council Minutes MEqU~.~S SARATOC~A CITY COUNCIL TIME: Wednesday, Dbvember 4, 1981 - 7:30 p.m. PLACE: City Council Chambers, 137'77 Fruitvale TYPE: Regular Meeting 6:00 CLOSED SESSION - Discussi6~ of "Meet and, Confer" Items City Hall Conference~ ROom 7:30 REGULAR ~rfNG I. ORGANIZATION A. ROLL CALL - CoLmcilmembers Clevenger, Jensen, Mallory, Watson, Mayor Callon present at 7:35 p.m. B. MINUTES- 10/13; 10/21 J~sen/Mallory mved acceptanceswith change of Hall_ address on p. 3 of 10/2]. minutes. Passed 5-0. II. CO~4UNICATIONS A. ORAL No one appeared to speak. B. WRI'I'fPi~ All either required no reply or were referred to staff for reply. III. Sb~BDIVISIONS, BUII~DING SITES, ZONING REQUESTS None. IV. PETITIONS, ORDINANCES A~D RESOLUTIONS A.Resolution designating intersection of' Chateau Drive and Woodmont Drive as stop ~ntersection Je~sen/Mallory moved adoption o?' F, esolution MV-150 with provision that charges for [mrchase of materials and installation be covered by those who requested sign. Passed 5-0. B. Resolution modifying site development plan of Lot 1.9, Tract 6526, Pa, rk Ranch Road Councj lmember Jensen expressed uneasingss about proposed modification beeause of ge~]oq]cal questjons. Staff explained~ rationale for modification. Mallory/Watson moved adoption of Resolution 1040. Passed 4-1 (Jensen opposed). Since the hour of 8:00 p.m. had arrived, Mayor[ Cal]on proceed~ to public hearings. V. PUBLIC t-~3~RINGS A. Second hearinq on preliminary budget for 1981-82 and on appljcation of Revenue Sharing funds City Manager presented baTanced budget and explained meg!nods used 'to bal~3nce it. Council asked s!~eCj fic questions about crossing guards, switchboard, City inr~torney hours, and use of vo3unteers. The public hearjng was opened at 8:20 p.m. Barbara Sooner, _]_279]. Idlewood, spoke. aqajnst the.proposed reduction of teenage drop-in at the Cor~nunity Center. City' M~nageI noted that there had been problems with the' progran, and tb~t not a great many individuals were affected by the closure. No one-else a[~a~ng to speak, the pub!]c hearing was'closed at 8:25 p.m. Council asked questions abeut such n~t~ers as s~aff responsibility for updating senior citizens ma~!inq list; possible~reaSsignment of responsibilities to avoid cutting persoanel; ~L~Dss~bi_]ity of direbring planning s~aff to concentrate on projects already started rather than begirming new projects; possibility of creating a hal£-tjme coDtm~ity service; officer position; necessity of maintaining the switchboard open at city F~ll cbntlnuously from 8:00 a.m. to 5:00 p.m.; approval ~ ; %~ Fidance'DirecedFt58~i~ion2k~dhci~sjI~n~'~n ~xp~essed h~ ~pinioh~[hat ~evenue sharing funds shoul~ not be used for the operating budget kn~ ~/3A{] new sources of revenues should be found, Such as site review approval feeS, plan d~velot~-nt-fee~, major andS minor f, inat;'.~p-.fees, ='treenr~novai. ~f~es,:new-~ u~ility-,t pole-placanent'.fees;~chhrg~ fo~ Yal~e-Bu~gla~:~alann~ callS,, .adju~tm~ht-of'~ Saratoga !~s' 3½% ~.share~Lbf~pr0per~y. ~tax;:~ and" f.ineslf6Eid6gi reff~se: objected to the fact that the City was maintaining the senioz citizens mailing list: City ~nager explained that it was necessary to provide services to seniors in order to qualify for federal funds.'Councilm~nber Mallory stated that he was unhappy that the budget cuts ~ere goin, g so deep, but he felt the City,could live with the budget as presented; 'he urged exploration of other sources of funds. Councilmember CleVenger also concurred with the budget as presen6ed. ~yor Callon and CouncilmemP~r Watson noted 'that the time was approaching to establish the ]ong-p].am~ed task force'which woul~d oversee the City' s totai financial operations, suggest new sources of revenue, etc. Mallory/Watson moved adoption of Resoiution 1042 adopting budget as presented. Passed 5-0. B. Appeal of design review denial for= se6ond-story additio~ to a singlers6ory dwelling at 20279 Pierce'Road per Ordinance NS3.47 (Applicant/appellen~, Norman N. Epstein) (continued fr~n 10/7/81)' Deputy City Clerk note~ that caller identifying himself as Mr. Epstein had withdrawn appeal by phone but had declined to submi~t ~etter in writin? and had stated he would not appear or send a representative to appear at hearing. City Attorney advised Council to hold=hearing and determine appeal on its. merits. The public hearing was opened at 8:55 p.m. Those appearing to speak against the ~ptDeal were Dave Young, 20218 Pierce; Ann Dempsey, 20311 Pierce; John Ostrovsky, lone Court; and James Dunne..' No one appeared to speak in favor of the appeal, and k~0-40,:nDre~mer~jers'of, the~laudienCe iindicated'they were against the appeal. The pub~i6 hearing was closed at 9:15 p-m- counci]~nea~oers discussed the issues, ~ncluding responsiveness tO ~ei~bbors' concerns; preservation of the character. of the neighborhood; lack of special circumstances which would justify-gra~ting appeal; impects oh privacy. The right of ~he proper~y owner to use his property as he saw fit was discussed, especially with regard to family circumstances. in the~ fac~ 'of inflation, as well as the values of the' community. ,Jensen/Mallory. moved to deny appeal. ! Passed 5-0. C. Api~al of revocation of horse license at 20885 W~rdel] ' (.Appel!ant~ Ronald J. Knapp) (continued from 10/21/81) City Manager reviewed appeal, and City Attorney explaihed'that the only issue to be decided was revocation of the horse ljcense. He then explained the four fjndiDgs necessari/to deny the horse license, saying that no findings were necessary to grant it. ' ' The public hearing was opened at 9:45 p.m. Ron Knapp,, 20885 Wardell_, spoke as the appellant. H~ stated that he believed he had met al~= requirements when his horse license had been issued. An, eigbbor who objected to the horse corral moved' in after the lic~ns~ had~ been %ssued, he said, and other neighbors did not object. Bill Garfield, Mr. Knapp's a~to~ney, ~e~e~ated his points and stated that Fir. Knapp had relied on the City's issuance of the license as being correct. Furthea?, he stated, an~eapement on~ the. property was not public and therefore' should not be subtracted'from the Ilot =size balculations. walter Shropsky~ 12672 Arroyo de Arguelio, :spOke d'n supPOrt of the appeal, 'as did Mrs. D..S. Woodford, 12755 Arroyo de Arguello, of the Wardell }braeowners Association, who also submitted a ',letter, suppe~tin~ .the a~pe~l from Dec and L.A. Fulgham, 20502 Wardell. Also speaking for the apjejl?vere Winston Tang, ]2727 Arroyo de Arguello~ and DoUglag Diemer, 2075] Wardell. Mary Moon, 12651 Arroyo de Arquello, then spoke again. St the ~pp~al, s~a~ing that when they bought their lot no horse Qas present. She reviewed t~xe history' 6f her dissatisfaction with the situation and warned the Council against setting a precedent by granting the aDpeal. Marshall Hall:', 20865 Wardell, spoke against the appeal, stating that the: fence'narrows a30' easement down to 22', and that the Knapps had no right to maintain a permanent obstruction to the easement. In response to M~.yor Ca].lQn, Mr. Hall'stated he thought the lo~s had been zoned R-l-40,000. St~ve Kn~pp, 20885 W~rdell, the~L spoke, saying the neighbors' property' values were hot reduced by the; c~rral. He suhnitted a letter to that effect from lois Aguilar., 12764' Arroyo de Arguello. -. Chuck Moon, 12651 Arroyo' de Arguello, then~ spoke against the 'appeal, citing dust and manure problems.' Ron Knapp spoke again to assert that even with all easements subtracted his lot was over 3/4 acre. In respon~ to CouncilmPlnber Watson, FIr. Knapp stated that he did hot want a horse at the moment, but he wished to retain the right to have a horse. The publi~ hearing was closed at 10:30 p.m. .. : Council discussed the four findings t~ be considered, noting that the arrangement was felt by the City staff to be acceptable in 1970. Councilmember Jensen stated that the ordinance was over-restrictive and not in conformity with the General Plan. COLn~ci~m~nbe_r Mallory st. ated his concern with re~roactivity, and his belief that new neighbors should tolerate situatioDs involving rural characteristics. Nevertheless, he felt, the license should be revoked betause a variance had not been approved. Councilmember Watson felt the City was obligated to the Knapps because of the previous 'license granted. the~n: In response to Mayor Callon, City Attorney noted that Council could not condition grantinq of appeal at this pojjqt. Jensen/Watson msved to gran~ appeal.' Passed 4-] (Mallory opposed). D. Appeal of condition of tentative building site approval, Vaquero Court (Appellant, Michael Corm on behalf of Carole Well~eloved) The public hearing was Opened at 11:00 p.m. Michael Corm, joint o~er of the property in question, spoke in favor cjf the appeal. He stated that the condition requirinQ 1000 gallons per minute of ~ater was impossible to meet without extensive traderground work at a cost 6f $50-60,000. He also believed that the present rate of flow would not ~ndang~r surrounding property in case of fire. Ernie Kraule, Saratoga Fire District ,C/qief, explained how the figure of 1000 gallons per m~nute had been arrived at.; he alsQ explained why a swirmning pool was not an acceptable reservoir for firefighting purposes. Council discussed the possibility of conditioning sprinklers, size of house, fireretardant roof, etc. Mr. COn9 said he was willihg to comply with whatever honditions were imposed. The public .hearing was closed~ at 11:10 p.m. Council discussed issues. Director of~ Con~nunity Develo!m~ant wegulatjon stated that any change. in requif~he~ts shQUA{{.be~valtabtei to!'ali] ihl the' af~. Council- member Jensen expressed concern that if an agreement were reached whereby some · people ipaid!and~omejd. id~not,'iwhile ~]'l~.ben'efitted, that would be unfair; she favored holding to the standard. Mayor Callon stated that if Chief Kraule was able to develop an alternative whereby everyone on the hillside could · benefit, the Council could consider' thht. Jensen/Mallory moved to 'follow the Staff reccx~nendation.. Callon/Watson moved to amend the motion to.~eny the appeal~ wit/~out prejudice. Passed 5-0. The amended motion then pas~ed 5-0. E. Appeal of denial of variance to allow Constructjon of solar panels which would not meet ordinance requirements for side yard setbacks where 20' is required at 13948 Camino Barco (Appellant, E. M~as) City Manager reviewed ap~al. CC~nmunity Development Regulation Director stated that it appeared the appellant had withdrawn appeal orally,. ·Council discussed matter. The public hearing ~was opened at 11:20 p.m. No one appearing to speak, jt was closed at 11:21. Mallory/Callon moved to deny appeal. Passed 5-0. F. Reversion to acreage of 2 approved lots into one parcel (APN 510-05-31 and 32), corner of Glen Una and Qaratoga-Los. C~tos Road (Applicant, Alice P. Siegrisf) Staff reviewed application. The public hearing was opened at 11:22 p.m. No one appearing to speak, it was closed at li:23. In response to Councilmember Jensen, City Attorney stated that recent legislation on reversions to acreage , did not affect property ~n question. Jensen/Mallory moved to approve reversion to acreage. passed 5-0. G.. Consideration of City's participation finder the Housing and Coarnm~ity Development Act (continued f~om 10/21/81)' Administrative Services Director reviewed issues and stated that final draft of Joint Powers Agreement'would be available 11/]_8. Councilmember Clevenger explained issues and sought direction from Council as to whether to voffe' for proposal for use of fu~ds as presented by County or as presented by City Managers at ,HCD meeting. ConSensus to direct Clevenger to vote for 50% of funds to be used for any eligible program and no mere than 50% to be used for housing. The ~ public hearing was opened at 11:30 p.m. No one appeared to speak, Watson/Mallory moved to continue to 11/18 at 8:00 p.m., Passed 5-0. Mayor Callon then returned to unfinished items preceding public hearings on aganda. IV.' ~PETITI~NS'~'ORDINANCES;'~/qD RESOLUTIONS.' ~'..' , C. Heritag~i Consal~vation::.Ordifia~ee= t(se~Ondqre~ding)'~ :~.~ Councilmember Jensen, whose proposed changes to the draft ordi~ance had been included in the Council packet, expressed concern that the Heritage' lanes were not adequately defined by the ordinance. She felt bth the width of the street and preservation, of trees should be addressed, in addition, to her pror posed changes in the ordinance. Councilmember Clevenger stated that it was incumbent on residents involved to propose designation of a street as a Heritage Lane. Counci~ Jensen's proposed changes were referred to the Heritage Co~nission. Callon/Mallory moved wai~er of further reading of Ordinance 66. Passed 5-0. Callon/Mallory moved adoption Qf ordinance as presented oriqinally before Council. Passed ~;5~0.C"'~_~'~-:~'~ .~T' ~'.,~'.~,"J~ . D. Resolution modifying fees for Community Center Administrative Services Director reviewed issues. 'Jensen/~llory moved adoption of Resolution 780.14 with change providing special · pay 'for supervisor on holidays and after midnight. Pas~ed 5-0. E. Resolution appointing members of Finance Advisory Conmdttee Mayor Callon cammented that Greg Nellis ought to be given the choice of belonging to Finance Advisory Committee or Task Force proposed by Dale Watson. Jensen/Watson moved to adopt Resqlution. 10.4.1 appointing 4 members of Finance Advisory Cc~mlittee with provision that Greg Nellis. be,given option of belonging to this Committee, Citizens TaSk Force, or,b0~/4. Passed 5-0'~ Mayor,'.Callon then proceeded to items {subsequent to public hearings on agenda.' ' VI. BIDS AND C6~TRACTS' A. Addition of two windows to Connmnity C~nt&t ' ' Councihnember Watson inquired as to whether more than one bid was obtained and as to- proposed ~. use of windows. City Manager explained that bids were not required for projects under $5,000, and it was felt that contractor already on site for Ccr~munity Center work could do job most ~ost=effectively; windows would be placed ih roo~s now used as offices by Ci~dy Gilmore and Dan Trinidad. Jensen2Clevenger moved to award contract to lbwest of three quotes~ Passed 4-1 ~allory opposed). Councilmember Mallory noted that his opposition tojthe motion was based on his belief that awarding bids would be a more costly process than that proposed by staff. VII. CONSENT CALENDAR A. Resolution urging rescission of early release date of Sirhan Sirhat Callon/Mallory moved to adopt Resolution 1043 with deletion of para?_r_ap_h_s. _ giving a- sanewhat political flavor to the resolution. Passed 5-'0.< - ~, - B. Resolution concerning opening of new Post, Office Mallory/Clevenger moized adoption of resolution 1044 with change of date. Passed 5-0. C. Fifth Annual Western Federal Savings Great Raee Callon/Mallory moved approval on condition that'proof of adequate insurance is suhnitted by Western Federal Savings o~ PRX to .Satisfyaction o.f Manager with City named as additional insured and certificate provided 'to City. Passed 5-0. D. Approval of warrant list VIII. ADMINISTRATIVE MATi'ERS A:~ j "MAYOR R~Et~d: bh Eh~gyECSns~irvatibn Meeting November 5 and & and League of O~iifornia Cities Attorneys Conference; B. COUNCIL AND CC~PIISSION REPORTS Jensen noted her wish to receive materials on CalSECDA, which she had not received. ~ayg[:~.~l'.lqnL:.O,n ~beba~:l.£:~O~::~s~RObb.in~ brought u_pL,~e.~s~j~t~O_fza:,[em~d_.~eling project near his home. Mr. Jordan, who was performing the remodeling, explained project and asserted that no invasion ~f privacy would result. Consensus to stop issuance of building .permit and direct City Manager to prepare report on various rights and options involved. C. DEPARTMENT HEADS AND OFFICERS 1. Director of Plarming ~nd Policy Analysis a. Progress Report re: Equestria~ easement on Upper Chester Avenue Coancilma~ber Jedsen stated that the C~ty did not have funds to build and maintain a horse trail. City Manager ~oted that the General Plan ~ncluded the subject easement, although it migh~ not be able to be implemented. COLmCil discn2ssed the matter further, and Councilmember Jensen suggested that itzoome back jh 'the General Plan report/. and Council could make a decision then. 2. Director o~ Community Developnent Regulation a. Report re: Noticing omissions pn recent public hearing City M~ager explained. that noticing omissions did not mandate re-hearing of appeal in question, since City had acted in good faith. Councilmember Watson noted that a great deal of input on the question had been received already. Council discussed whether ~c±ti±ens ;:right t6 be heard necessitated re-hearing. Callon/Jensen roved to reconsider Dividend appeal of denial of 'design review application for a two-story singf.I~-fami'ly dwelling on Iot 4, Carnelian Glen Tract 6722, which had been granted 10/7/81. Passed 3-2. ~atson, Mallory opposed). 3. Director of Administrative ServiCes a. Report re: Waiver of ConmunitX Center fees Clevenger/Jensen moved to grant waiver 'to Saratoga Music Boosters. Failed 2-3. LD. CITY MANAGER IX. ADJOURNMENT Mallory/Jensen moved adjournment at 12:15,.in memory of Vladimir Fabris, to closed session for personnel purposes at 6:00 p.~. on 11/10. Passed 5-0. Respectfully submitted, Grace E. Cory Deputy City Clerk