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Home My WebLink About02-01-1984 City Council Minutes MINUfES SARATOGA CITY COUNCIL TIME: Wednesday, Febroiry 1, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL - Councilmembers Callon, Clevenger, Fanelli, Mallory and Mayor Moyles present at 7:04 p.m. B. MllqUi~S- 1/18 MALIDRY/MDYLES MOVED TO APPROVE AS SURMI'ri'EU. Passed 5-0. II. ORAL COMMUNICATIONS Naomi Hoffman, Secretary of the Sister City Ca~'~ttee, requested that the Council contribute $60 to defray 1/3 of the cost of van rental during the visit of Sister City representatives frcm Muko-Shi, Japan. MALIDRY/CLEVENGER MDV~D TO GRANT $60 TO SISTER CITY CCI~MI'i'fEE. Passed 5-0. DOn Eagleston, President of the Village Merchants Association, stated that a recently-passed ordinance prohibiting drinking of alcoholic beverages in parks without a permit had resulted in an increase in drinking in the Village. He requested further restrictions on public drinking. City Manager clarified that Mr. Eagle- ston's concern was with private parking lots. Councilmember Mallory suggested referring the matter to the Public Safety Culu,ission. CONSENSUS TO RF~'~ M~II'~ TO PUBLIC SAF~rY COD~4ISSION. Jeff Schwartz, speaking on behalf of the BOard of West Valley Taxpayers Associa- tion, stated that the question of increased taxes for road repair should be put to a vote at the June 1984 election. In answer to Councilmenher Fenelli, Mr. Schwartz stated that the proposed tax should be proportional to property tax, if that wore legally possible. Mr. Toppet of the City Attorney' s office stated that such a tax would be an ad valoren tax and thus illegal. To Councilmember Clevenger, Mr. Schwartz said that a 2/3 vote of the people should be sought rather than an advisory vote. In answer to Mayor Moyles, he stated that the Board did not discuss what to do about street maintenance; speaking for himself, he felt the need for large additional s~ns of money for streets had not yet been demonstrated. Mr. Schwartz said that five of the seven BOard members had attended the discussion, and the other two had been contacted. In answer to Councilmember Mallory, he statad that he had not read the consultents' reports and did not know whether the other BOard menbers had. III. CONSENT C~I.RNDAR A.! Denial of Claim - Carr (by Huber) B. Denial of Claim - San Jose Water Co. (by Willi~ns) C. Acceptance and Acknc~led~nent of Donation of Services at Hakone Garden D. Acceptance and Acknowledgment of DOnation for Hakone Garden E. Acceptance and Acknowledgment of DOnation of Microwave Oven by ~nployees F. Authorization of KEZR Fools Parade/Race, 4/1/84 G. Resolution Approving Supplement Number Four to local Agency - State Agreement for Federal Aid Projects (Culvert Replacament on Mt. Eden Rd. ) (RESOLUTION NO. 2119) H. Approval of Warrant List CALLON/MALLORY MOVED APPROVAL OF ENTIRE CONSENT CALENDAR. Passed 5-0. IV. SCHED[F.RD FRl'l'k/F6 2-2/1/84 A. ADMINISTRATIVE REPORTS 1. Report on Requ_est for Fee Refund Councilmember Fanelli announced that she would abstain frcm participation Ln this item. Conxnunity DeveloFment Director explained req~lest frcm Wilson DeveloFment. Mayor. Moyles inquired as to whether anyone was present in the audience to represent Mr. Wilson; no one appeared to speak. Council discussed use of staff time.on applica- tion, and Cc~munity DeveloFment Director explained that when entire subdivision appl l- cation was considered, a great deal of staff t/me had been spent on it. Councilmenber Callon expressed concern about the possibility of charging rare than was required to. cover costs. Other councilmenbers felt it inappropriate to re-calculate fees after the fact to benefit one developer, thus setting a precedent. MALLORY/CLEVEN~ MOV~D TO ACCRPT STAFF REPORT RECO~MENDING AGAINST F~.'~.' REFUND FOR WILSON, INC. Passed 3-1-1 (Callon opposed, Fanelli abstaining). B. REPORTS FROM COM~ISSIONS 1. Report frem Planning CcFa~ission Concerning No Parking Zone Along the End of Crisp Avenue i.- City Manager explained recc~nendation, noting that parking regulations would be dif- · 'a ficalt to enforce and may not be needed. Councilmenbets asked for further clarifi- cation of problem and possible solutions, and C(mlmanity DevetoFment Director cu~plied. Mayor Moyles invited Robert Swanson to speak representing the heineowners of the area. Robert Swanson, 19305 Crisp Avenue, spoke in favor 0f a no-parking zone. He stated that the Cc~munity Garden was causing part of the problem by not providng parking within their area, but there was an additional, long-teun problem caused by transients using the rural area for purposes such as sleeping in cars or drug dealing. Councilmembers discussed Mr. Swanson' s c~l~ent~ and use permit for which Cu~ul~unity Garden was supposed to apply'. Mayor Moyles requested Mr. Toppel to give Council a background report on what uses are permitted for the Garden. Cc~munity Develo~nent Director noted that residents considered the Garden a good neighbor in general and only wished to improve the parking situation. MALLORY/cLRVENGER MOVED TO ACCEPT PLANNING COMMISSION RECOMMENDATION IN FA~DR OF NO-- PARKING ZONE, WITH THE CITY TO PAY THE COST OF SIGNING. Passed 5-0. City Manager stated he would request the Sheriff' s office to keep an eye on the area. He also mentioned that Saratoga apparently does not have an ordinance prohibiting camping in public streets in residential areas. Mayer Moyles requested that he send a memo bringing up the possibility of such an ordinance to the chair of the Public Safety Oalu~[ssion. C. ORDINANCES AND RESOLLTIONS 1. Resolution Declaring Intent to Establish and Maintain a PaveT~nt Manage- ment Program Councilmember Mallory expressed his belief that the subject resolution should be passed before the financing was arranged so that the Council' s objectives were clear. Other Councilmembers preferred to wait until the informational newsletter had been distributed and the resulting input received. FANRr.L!/CLEVENGER MOVED TO CONTINUE TO 3/7. Passed 4-1 (Mallory opposed). 2. Resolution Authorizing Filing of Application for Allocation of TranspOr- tation DeveloFr~ent Act Funds for FY 1984-85 CLEVEN~/MALLORY MOVED TO ADOPT RESOLLFgION 2120. Passed 5-0. D. BIDS AND CONTRACTS - None. V. PUBLIC HEARING A. Consideration of Housing Issues (Clerk~ s note: Although separate public hearings were opened on the two issues listed, members of the public did not necessarily speak to the issue listed for each hearing; Council requested that the minutes segregate ccr~nents made so that the relevant ea~nents would be noted under each hearing. ) 3-2/1/84 1. Revisions to the Draft Housing Element of the General Plan (GPA 83-1-A) The public hearing was opened at 8:04 p.m. Mildred Cordon, representing the Saratoga Area Senior Coordinating Council, stated it would be difficult to meet the state requirements for affordable housing in Saratoga. Jessie MacGuire stated Saratoga had a problem in meeting the ABAG housing standards, and she scmetimes questioned w~V we had to. Margaret Corr, also representing the SASCC, spoke in favor of creating a good Housing Element which would meet the needs of Saratoga. The public hearing was closed at 8:14 p.m. Councilmembers discussed draft Housing .Element. They clarified that the City Attorney was to revie~ the entire docunent; altered #6, p. 3 to indicate that current plans for the Village not only allow, but encourage, multi-f~nily residential/commercial use through the conditional use permit process; requested that staff modify #9, p. 3 so that Council could discuss it further; added "where appropriate" to #3, p. 4 concern- ing amending the building code. 2. Amendment of the Zoning Ordinance to allow second units to occupy certain single family lots by obtaining a use permit (GF 344) The public hearing was opened at 8:33 p.m. Mildred Cordon, representing SASCC, favored second units with co~non walls as a means of creating affordable busing in Saratoga. Jessie MacGuire expressed her belief that second units are not the proper means to meet the ABAG standards because they would not enhance Saratoga. She felt the most conservative possible ordinance should be passed. Margaret Corr stated that second units would help to meet the housing needs of Saratoga. Tcm Reddick, 12389 Larcbnt, spoke against second units, saying they would bring the "wrong element" into Saratoga, and favored other means of providing housing. NDYLES/FANF/.LI MOVED TO CONTINUE TO PUBLIC HEARING 4/4. Passed 5-0. VI. NEW BUSINESS A. Discussion of Oral Cu,,t~unications - None. B. Written Ccnmunieations from Public #1 frem D. Rruce, 2110 Mangin Way, San Jose 95148 requesting Council's official position on Guadalupe Corridor referred to staff for reply. Mr. Bruce spoke briefly opposing light rail on the corridor. #2 frem T. Ferrito urging Council to voice opposition to priority list of highway projects noted and filed. #3 fr~n Z. Lofgren accepting funding for Library noted and filed. #4 frcm J. Sutton, VITA, P.O. Box 999 requesting Revenue Sharing funds - staff directed to inform VITA to contact City Manager concerning schedule for sukmitting requests at normal time. C. New Business fr~n Councilmembers Callon - reported she was not receiving Western Cities magazine at her hcrne address and requested that staff correct the problem. Fanelli - made progress report on ccnmunity newsletter and introduced editor. Councilmember Mallory raised questions about procedures which other Councilmembers and City Manager clarifiedL Mallory - reported on tour of substation and fire stations by Public Safety Ccm~issiono Clevenger - reported on letter frem resident requesting that legislators be contacted to sponsor a bill returning a pertion of motor fuel tax to cities for street main- tenance. There was consensus for the City Manager to Write to State legislators requesting a' greater share of Gas Tax revenues for street maintenance, returning copy to the ~ouncil before it is sent. Councilmembe~ Clevenger also reported on ccming public hearings on Highway 85, wi one being in~ Saratoga March 15. She described the date and graphics that would b~ available and encouraged attendance. D. New BUsiness frcm Staff, A~ministrative Reports not Scheduled 1. Rate Increase Request frcm Green Valley Disposal Administrative Services Director explained requ~est. Councilmembers requested further information on the financial condition of Green Valley; number of one-can Users; o3nparison of rates with other cities; costs of other landfills; n6~ equit~nent pur- chased by Green Valley; any obligation Saratoga might have to provide same rate of increase as other cities; section of contract relating to requ~est for rate increase; p~_rcent of increase per year; rate of labor increase per year; possible limit on number of bags. Councilmember Clevenger requested that citizens be notified before increase goes into effect. Councilmember Mallory requested that a rate structure be considered which would encourage econ3nizing, since tonnage had been reported at a 40% increase. Administrative Services Director explained difficulties in developing another rate structure, and there was no consensUs to do so. City Manager pointed OUt that in prior years tonnage bad been estimated and it was now weighed, so increase might not have been as great as it appeared. CONSENSUS TO HOD PUBLIC HEARING ON PROPOSED INCREASE 2/15. Councilmember Fanelli expressed thanks to newspapers for recent excellent coverage of the street maintenance issue. VII o ADJOURM~ENT The meeting was adjourned at 9:32 p.m. Respectfully suhnitted, Grace E. Cory Deputy City Clerk