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HomeMy WebLinkAbout02-03-1982 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, FebrQary 3, 1982 ~ 7:30 p.m. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting EXECUTIVE SESSION - Litigation Matter~- 6:00 p.m. · Conference Room, CTty Hall REGULAR MEETING - 7:30 p.m. Council Chambers I. ORGANIZATION A.. ROLL CALL Councilmembers Clevenger, Jensen, Mal.lory, Watson, and Mayor Callon present at 7:30 p.m. B. MINUTES - ~720 Councilmember Jensen stated her opposition to the motion on the adult enter- tainment facilities, Item VIII.B. (Clerk ~hecked tape recording of vote on issue and found no audible dissenting vote except for CouncilmemberDMallory's.) MALLORY/JENSEN MOVED ACCEPTANCE OF MINUTES EXCEPT FOR ITEM V.A., MAYO APPEAL. Passed 5-0. Mayor Callon welcomed Cub Pack 508 from Oongress Springs School and Argonaut School, who were present at the meeting. II.COMMUNICATIONS A. ORAL Dan Guiterrez, 18845 McFarland, stated that the homeowners associations were preparing a draft proposal for changed notification procedures which would be ready in the near future. Jim Davidson, 19121 Dagmar, spoke on behalf of Walter Dou~ett and Dr. Sidney regarding problems with the Paul Masson Winery. He' expressed appreciation for City efforts to resolve the problems but concern for the length of time involved. Dr. Sidney, he said, was still concerned about truck traffic and noise. Com- munity Development Director then submitted letter from Elliott Fine of Paul Masson describing the winery's actions. He stated that he would continue to monitor progress. Councilmemben Jensen inquired as to whether the City had adopted a noise element in conformance with State law, and Planning Director stated that noise problems were probably due to enforcement considerations rather than the standards in Saratoga~s noise ordinance. T~~ B. WRITTEN #1 concerning change in bus route responded to by (ounty. ~I~ Uats~, #2 concerning drainage problems caused by construction of house referred to staff. #3 concerning heroic action of citizen noted; consensus to have resolution prepared commending citizen. #4 concerning noise at Paul Masson Winery noted; III~SUBDIVISIONS, BUILDING SITES, ~ND ZONING REQUESTS None. IV. PEIITIONS~I ORDINANCES, AND RESOLUTIONS A. RESOLUTION APPRO'VING SARATOGA'S PARTICIPATION IN FEDERAL EMERGENCY MANAGEMENT ASSISTANCE PROGRAM. WATSON/CLEVENGER MOVED TO ADOPT RESOLUTION NO. 1053. Passed 5-0. B. RESOLUTION CALLING ELECTION JUNE 8, 1982 (added at meeting) Deputy City Manager explained that staff had recently determined that above r~esolution was necessary.~ WATSON/jENSEN MOVED TO ADOPT RESOLUTION NO. 1054. Passed 5-0. 2F2/3/82 C. RESOLUTION REQUESTING SERVICES .OFCOUNTY REGISTRAR, 1982 GENERAL MUNICIPAL ELECTION, JUNE 8, 1982 MALLORY/JENSEN MOVED TO ADOPT RESOLUTION 1055. Passed 5-0. D. ORDINANCE CONSOLIDATING THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF SARATOGA WITH THE'JUNE 1982 PRIMARY ELECTION AND IN JUNE OF EACH EVEN~ NUMBERED YEAR THEREAFTER. JENSEN/CLEVENGER MOVED TO. READ BY TITLE ONLY, WAIVING FURTHER READ,~NG. Passed 5-0. JENSEN/CLEVENGER MOVED TO INTRODUCE ORDINANCE N0.'67. Passed 4-1 (Mallory opposed).~ E. ORDINANCE AMENDING THE SARATOGA CITY CODE AND SPECIFICALLY SECTION'9-51 THEREOF, SETTING AND ESTABLISHING PRIMA FACIE SPEED LIMITS FOR MOTOR VEHICLES ON CERTAIN STREEtS>OF THIS CITY, BASED ON AN ENGINEERING AND TRAFFIC SURVEY CONDUCTED WITHIN THE LAST FIVE YEARS JENSEN/MALLORY MOVED TO READ BY TITLE ONLY, WAIVING FURTHER'READING..Passed 5-0. JENSEN/MALLORY MOVED TO ADOR~. Passed 5-0. Councilmember Mallory stated hds feeling that 45 miles per hou~ in Saratoga was too fast, and Councilmember Clevenger agreed. C~i!~emS~r JENSEN/MALLORY MOVED TO ASK STAFF FOR REPORT ON THE COST OF RE-EXAMINiNG THE SPEEDS ON PIERCE ROAD NEAR THE BRIDGE, FRUITVALE AVENUE NEAR THE HUMP, AND SARATOGA'AVENUE. Failed 2-3' (Callon, Clevenger,'Watson opposed). Community Development Director not~ddthat he was not certain whether the 'areas Shecif.ied were studied, but if further studies were necessary'they' would need to be performed by means of outside assistance. Councilmembers Clevenger and Wa~sonCahd Mayor Callon noted that the study ~ad already been performed,aahd they saw no need for another. ' Since the hour of 8:00 p.m. had not arrived, Mayor Callon proceeded to the first item listed after public hearings. VI. BIDS AND CONTRACTS 'None. VII. CONSENT CALENDAR Co~nciJmember.Mallory removed Ite~ B. A. FINAL ACCEPTANCE'FOR SDR 1311, FOX, BOHLMAN ROAD jENSEN/MALLORY MOVED TO ACCEPT.' Passed 5-0. 'B. APPROVAL OF WARRANT LIS1SDATED 1/28/82.AND 1/29/82.' Councilmember Mallory inquired as to'the Community Center windows listed. Deputy City Manage~ noted that competitive bids had been solicited before the work was awarded. Maintenance Services Director stated that payment was for $95 more than original estimate., ~inceieon~act6~:~would not hold bid longer than lO days. Councilmember Watson said that competitive bids should be a Part of the regular procedure, and Councilmember MailOry noted that staff should have 'the opportunity to exerc'ise judgment as {o whether to advertise for bids in some cases. COuHcilmember JenSen thenTasked about the payment for flagpole service, and MaintenanCe Services Director explained. CEEVENGER/jENSEN MOVED APPROVAL. Passed 5-0. '~V. ~UB~ICSHEARINGS~..~iCZT.S A. APPEAL OF CONDITION CONCERNING RESTRICTIONS OF HOURS FOR CONDUCTING GLASSES OF USE PERMIT TO ALLOW NEW MASTER LEASEE AND SUBLEASEES TO OCCUPY BROOKVIEW ELEMENTARY SCHOOL SITE AT 12301 RADOYKA (Applicant/appellant, Warren Jacobsen) (continued from 1/6) Community Development Director explained clarification by Planning Co~i~si6n:~concerning evening and weekend uses of the building. The public hearing was opened at 8:05 p.m. Warren Jacobsen spoke as the appellant, saying that he had nothing to add excepti/~a~que~tion as to whether evening uses could continue until 3-2/3/82 June 28. Community Development Director replied that neither profit-making nor non-profit agencies could use the Site after 7:00 p.m. except for non-regularly scheduled events, bUtthat the profit-making agencies could continue using the site untll June 28 if they adjusted their schedules accordingly. In response to Councilmember Mallory, Community Development Director stated that some agencies would have to'leave if they could not adjust their schedules. Virginia Laden was asked to speak as a member of the Planning Commission, and she confirmed Community Development Director's interpretation. The public hearing was closed ~t 8:15 p.m. CLE~ENGER/WATSON MOVED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION. Passed 5-0. Councilmember Clevengen noted that traffic to site began early in the day and continued late; she wished to relieve the situation by denying the appeal. Councilmember Jensen stated that denying the appeal might not be enough to aid the neighborhood in recovering from that use of the site. Councilmember Mallory stated his hope that denying the appeal would maintain the necessary .balance between neighbors'needs and schools' uses. B. GREEN VALLEY GARBAGE.DISPOSAL REQUEST FOR RATE INCREASE Deputy City Manager explained request for rate increase and staff recommendations. Councilmember Watson spoke as a member of the committee which had worked on the matter on behalf of several cities. He said he considered the settlement fair and complimented Green Valley Disposal on recent improvements. He then suggested that Green Valley Disposal inform 'its customers that they are entitled to have ~ their garbage cans picked up just beyond their fences rather than at the curb. Councilmember Jensen expressed disappointment that the rate increase was not structured on a per-can basis to encourage recycling, as she had requested at the time of the last increase. The public hearing was opened at 8:25 p.m. Bob Stevens spoke as a representative of Green Valley Disposal, explaining various levels of service ~ different cities. Councilmember Watson noted that the proposed 27% profit was fair when considered as a return on investment. Deputy City Manager explained rationale for that figure. Mr. Stevens stated that the profit would be about $133,000. Councilmember MallOry asked whether productivity had been improved to decrease costs, and Mr. Stevens replied that the number of refuse collectors had been reduced through the purchase of near-load trucks; loads are also ~pnitored by route to allow personnel reduction. Council- member Watson noted that service of trucks had been improved, and the new trucks were more efficient. In response to Councilmember Mallory, Mr. Stevens explained that the cost for drop-off boxes had increased; those boxes are not ~egul'a~ed'~by the franchise, although (~een Valley is the only company allowed to provide them in Saratoga. Mr. Mallory recommended investigating other possibilities when the franchise agreement is due for renewal.' Mr. Stevens said that bad debts were a problem, and Mr. Mallory stated his willingness to participate in a resolution of that problem. Councilmember Jensen inquired as to the'esc~e~:e:for the new franchise, and Deputy City Manager said that a draft would be ~ubmitted within about one week.to the committee. Councilmember Watson encouraged citizens to provide input. Nino Gallo, 13165 Via Ranchero, objected to having to pay for sending trucks back for pickup when cans were not set out and to handling of cans which resulted in their poor condition. He also objected to G~e~n Valley's strict credit policy. on the dumpsters.. Councilmember MallOry stated that the change in policy should have been communicated to citizens. In response to MayorCallon, Dennis ~arni~ of Green Valley Disposal explained the dumpster rates and stated that the next billing would have b~t~ information, but'they had notified steady customers for.dumpsters 'by l~tter. Councilmember Watson stated that all residents should have notification of services and that a policy statement and price list of drop-off boxes should be included. Council- member Mallory pointed out that an unregulated activity had increased with no ~ review, which he found unacceptable. Mayor Callon asked why the boxes had not been ~egulated, and Deputy City Manager stated that that had been set up many years ago; it was not included in' the rate increase discussions because it was' not part of the franchise agreement, although the subject was broached. Mr. Stevens noted that when the franch'ise agreement was set up the drop-off box business was a very small part of revenues; he also asserted that their rates were lower than some of their competitors' rates.. Dennis Varni explained further details of the drop-off box rates. Councilmember Mallory asked Green Valley to submit a letter comparing their rates with their competitors' rates. 4-2/~/82 Councilmember Jensen then asked about payment during the Medfly. crisis, and Mr. Varni stated that Green Valley was reimbursed for expenses by the State. With regard to Mr. Gallo's concern, he stated that the drivers became accustomed to a customer's placing .the can in a certain place;..if the can was not there, the driver would assume that there was no garbage. Councilmember WatSon asked if Mr. Stevens could +provide a. special mailing on service availability and drop-box..charges, and he affirmed .they could. Council- member Clevenger asked .if a double load could be picked up one week if the cans were not picked up the previous week, and Mr. Varni said that could be done. The public hearing was closed at 8:55 p.m. Mr. Varni then asserted that the proposed mailing would be very costly, and he suggested placing a large ad in the paper for four weeks. Discussion followed as to the necessity for that, and Councilmember Watson stated he felt four weeks would be appropriate. C6~cilmemb!e'~rr'Jensen moved .to send the request back to staff to develop a rate structure based on a 7.4% increase I~ut on a per can basis. There was no second. MALLORY/WATSON MOVED ADOPTION OF RATE STRUCTURE DESCRIBED IN EXHIBIT B EEF~EDTIVE MARCH 1, 1982, WITH THE PROVISION THAT GREEN VALLEY DISPOSAL NOTIFY THE RESIDENTS BY NEWSPAPER OF SERVICE AVAILABLE AND DROP-BOX CHARGES. - Passed 4-1 (Jensen opposed). Counci~lFnember Clevenger noted that adoption of Mrs. Jensen's motion would have - placed the City in an awkward ~position with respect to the other cities in the agreement. Deputy City Manager further explained that there was not unanimous agreement on the per-can issue, and if Saratoga made changes it would have to be returned to the .other cities for discussion. Councilmember Jensen moved to instruct staff as franchise discuss;ions ~ros~ec'. tha proceed that a curbside recyc.ljng program be established and reduced service be available ;at' lower cost; ~hat a per-Can rate +be established; that other cities' input be considered so that citizens' ideas are reflected. There was no second., Councilmember Watson poi,nted ou~ that a coUncilmember 'had been appointed ~o work in the neggtiations process and that concerns were to have been fo~arded to that pers6n; he felt discussion at the 'm~eting was inappropriate. Mayo~iCa~l=~l~bhrstated she favored a per-can rate struc~r~ but not maDdated recycling. Councilmember Jensen stated that she had been promised that her 9oneern on th~; per-ca'n issue would be built into the n~otiations_, and she was disappointed. ~ouncilmember W~ts6n ~ndiM~yo~ C~onh~i~e~at~ddthatnh~,ideaeHad been discussed but were not accepted. The Councj] then recessed from .9:05. ~o 9:20. · Mayor Cal 1 on ',(~atedT;.that~ ahOthe~s ac,t~ Onawas~ necessary on t'h'e Green Va.11 e~ matter. ~%}MALLORY%'.W~SO~¥ZMOVEDZIO EXTEND THE [ETTER OF AGREEMENT WITH GREEN VALLEY DISPOSAL UNTIL JANUARY 1983. Passed 4-1 (JenseH o~posed). VIII. ADMINISTRATIVE MATTERS A. ~YOR Mayor Callon spoke to the procedural S~'tuation whereby an appellant who requests a de nOvo+public hearing cannot have that h~aring until .an ordinary public hearing is opened; the ~de novo hearing' is then set for another evening.. She noted that the parties should be info~ed of this situation. Discussion followed as to how ~Bt~tc~H~dsVf~tVBnr~i~{~ ~. han~t~ ~i~ad~ti~e~p~ P1 arming Commission, CALLON/JENSEN MOVED TO DIRECT PLANNING COMMISSION TO CONSIDER INTERIM CHANGE IN IHE ORDINANCE THAT WOULD STRIKE THE REQUIREMENT THAT A DE NOVO HEARING BE HELD AT A DIFFERENT TIME. Passed 5-0. B~yoeOUN(IbnAND' COMMISSION REPORTS = Councilmember Clevenger suggested that the goals and objectives statement be released to the newspaper so that citizens could respond. Consensus to work further on document b~fore releasing, then set for'hearing. Councilmember Mallory reported On the Peninsula DivisiOn League of California Cities meeting the next .night.. Councilmember Jensen 'inquired 'as to the fair share all'ocatiOn numbers the city was to have received from ABAG. Planning Director noted that staff has numbers and will attempt to have a report March 3. 5-2/3/82 Councilmember Jensen then brought up SB1209, which she stated would remove the mandatory aspect of ~ious elements of the General Plan. JENSEN/WATSON MOVED OPPOSITION TO SB 1209. Passed 3-2 (Callon, Mallory-abstaining). Councilmember Mallory explained that he abstained because there' was not an opportunity' to consider it properly, although he feared that it impacted on local rule. Council-. member Watson stated he voted for it because he f~lt the focused areas were those that were most important to Saratoga's quality of life. Mayor Callon preferred to have further information before making a d~cision; she requested staff analysis. Counci~ember Watson reported, concerning the Transportation Commission, that the Guadalupe Corridor had begun to move ahead; he felt the potential for light rail was exciting. C. DEPARTMENT HEADS AND OFFICERS 1. Planning Director a. Report re: Manufactured Housing Ordinance Councilm~mbe~sje~sen expressed dissatisfaction with the fact that the ordinance did not make requirements concerning safety and aesthetics. Planning Director noted that City cannot discriminate against manufactured housing; the same design review require- ments would apply to that as to standard housing. He asserted that safety requirements were included in State law and the Uniform Building Code. Mayor Callon suggested that ordinance be considered in §tUdy session before public hearing. Consensus to set for study session February 23. b. Report re: Saratoga Union School District General Plan Amendment (82-1-A) and Rezoning (C-198) WATSON/MALLORY MOVED TO ACCEPT REPORT AND SET DATE FOR PUBLIC HEARING MARCH 3. Passed 4-1 (jensen opposed) 2. Director of Administrative Services a. Report re: Appointment of Representative to Urban County HCDA Citizens Committee CLEVENGER/jENSENMOVED THAT LARRY HUGHES BE APPOINTED. Passed 5-0. OopnciQm~ber Clevenger suggested using Mrs. Gouldsberry's talents in another manner. Mayor Callon noted that she had found that Mrs. Gouldsberry is president of a volunteer agendy; she felt that Mrs. Gouldsberry would be an excellent prospect for the volunteer prggram for Saratoga. Mrs. Gouldsberry had expressed interest, she said. Consensus to request Mrs. Gouldsberry to attend study session for discussion. 3. Maintenance Services Director a. Report re: Request for Run-A-Thon April 17, 1982 (Information only) Councilmember Mallory suggested.that staff investigate possibility of charging fee for such races. Councilmember Jensen expressed concern for safety, especially when closing of streets is involved. b. Report re: Women's Auxiliary Dental Society Race, February 28, 1982 (Information only) c. Report re: Multiple Sclerosis Society Race, March 14, 1982 (Information only) d. Report re: Fourth Annual KEZR Fools Parade Race, March 27, 1982 (Information only) C. CITY MANAGER 1. Report re: Issues to be decided before period for filing nomination papers for 1982 municipal election Consensus not to require fiqi~g fee; to bill candidates for cost of candidates' state- ments after election; to retain 200-word limit on candidates' statements; to allow rebuttal arguments limited to 200 words; to publish candidates' statements in Saratoga News at City expense; to prohibit extra campaign materials in voters pa~phl.ets. 6-2./3:/82 2. Report re: P'ublication of summaries of ordinances CLEVENGER/MALLORY MOVED TO ADOPT POLICY TO PUBLISH-SUMMARY ORDINANCES, DESIGNATING CLERK AS OFFICIAL TO WRITE SUMMARIES, BUT RESERVING TO COUNCIL THE RIGHT TO REQUIRE PUBLICATION OF FULL TEXT. Passed 5-0. - IX. A'DjOURNMENT - 12:00.or earlier CLEVENGER/WATSON MOVED ADJOURNMENT AT 10:25 P.M. P~ssed 5-0. Respectfully submitted, Grace E. Cory ~ . Deputy City Clerk