HomeMy WebLinkAbout03-21-1984 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, March 21, 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 7:02 p.m.
B. MINIEES- 3/7
CLEVENGEK/MALIDRY MDVED TO APPROVE MINLTES AS SURMI'ri'~.'D. Passed 5-0.
II. ORAL COMMUNICATIONS
Omar Chattey, 18316A Hill Avenue, Morgan Hill, spoke in support of the West
Valley freeway hs an environmentally sensitive pzoject.
III. CONSENT CALENDAR
A. Denial of Claim - Barry (by Saucedo)
B. Denial of Claim - Landis (by Ar~erson)
C. Approval of Tenth Annual Bike-A-Thou, 5/20/84
D. Acceptance and Acknowledgment of Donation for Hakone Garden - Slafter
E. ACceptance end Acknowledgment of Denaton for Hakone Garden - Brunner
F. Acceptance and Acknowledgment of DOnation for Hakone Garden - Hand
G. Final Building Site Approval, James W. Day Construction, 14960 Sobey Rd.
(SDR 1523, G. Jacobson)
H. Resolution Denying Appeal of Denial of Variance and Condition #2 of Design
Review Requiring Renoval of Balconies if Varience is Denied, 15041 Sobey
Rd. (R. Renna, Appellant/applicant) (V-629, A-920 (Appeal heard 3/7/84)
(RESOLbTION 2128)
I. Notice of Completion - Underground Fuel Tank
J. Informational Progress Report on Volunteer Saratoga Program
K. Approval of Warrant List
FANRJI,I/CLEVENGER MOVED APPROVAL OF ENTIRE CONSENT CALENDAR. Passed 5-0.
IV. SCHEDULED M~IT~RS
A. A~MINISTRATIVE REPORTS
1. Report from Conmunity Develot~nent Director on Traffic Signal Warrant
Study at Saratoga-Sunnyvale ~./Herriman Avenue Intersection
Cal~l~XLity Development Director explained report, noting that the subject signal
was of first priority among proposed signals to be paid for partly by the City.
Councilmembers discussed alternative means of solving the traffic problem, such
as lowering the speed limit and/or placing a signal at Blauer. Co~uni~y Develo>
merit Director stated that signal at Blauer would have little effect on sDeed in
the area under consideration, and that the recent State speed study eenfinned the
results of the previous one; he believed it unlikely that the State would reduce
the speed limits on the basi~. of the recent study. Councilmembers then discussed
the possibility that the presence of a school might be grounds for reduction of
the speed limit, as well as the possibility of putting a signal at Reid. Council-
member Mallory moved to agendize the issue for a study session. There was no second.
2-3/21/84
Cum~unity DeveloUment Director noted that City does not have jurisdiction ever speed
limits on State highways such as Saratoga-Sunnyvale Road; City Manager conmented
that Saratoga could join cities which are sponsoring legislation to give cities more
control ever speed limits on State highways within their boundaries.
FANELLI/CAItflN MOVED TO ADDRESS A LWi'i'ER TO CALTRANS STATING THAT SARATOGA IS TAKING
UNDER CONSIDERATION A SIGNAL AND REQUESTS THAT THE SPF~.~ LIMIT BETWki~N THE VILLAGE
INTERSECTION AND HERRL~AN (OR AT'LEAST ALOHA) BE REDUCED TO 35 MILES PER HOUR. Passed
5-0.
After discussion, there was consensus to refer all three signals mentioned in Ccmmu-
hity Development Director's report of priorities (Saratoga-Sunnyvale/Herriman;
McCoy/Quito; Westmont/Quito) to the Public Safety Culm~ssion. Councilmenber Clevenger
asked that the high school be given the opportunity to be present at the meeting.
Noting that Todd Likens, Principal of Saratoga High School, was present, Mayor
Moyles reiterated the Council action for his benefit.
B. REPORTS FROM COMMISSIONS AND COMMITTEES
1. Report frc~n Parks and Recreation Ccn~nission on their Involvement in
Hakone Foundation
Councilmember Clevenger suhnitted a letter frcFa Bill Glennon outlining the proposed
Bakone Foundation. Consensus to defer to Councilmembers' Reports.
2. Report frc~n Perks and Recreation Ca~'u~ssion Requesting Funding to
Support Off Highway Vehicle Perk
Councilmembers Callon and Fanelli expressed doubt as to whether a vehicle perk in
Sen Jose would benefit Saratoga. Councilmember Fenelli also noted that there was
no report directly from the Con]mission on the matter.
MALLORY/CLEVENGER MOVED TO ACCEFU THE ~ATION OF THE COMMISSION TO ALLOCATE
FUNDS FOR THE PROJEC~2. Passed 3-2 (Callon, Fanelli opposed).
3. Report from Public Safety Ccr~mission Recommending that Council take no
Action on Ordinance regarding Sleeping in Public Right of Way at this
time
Mayor Moyles asked whether no-parking signs had been posted in the Crisp area where
the problem had originated. The City Manager said they had, and that the problem
seemed to have been alleviated. TherP~iwas consensus to take the Ccr~mission's recc~c
mendation to take no action on the proposed ordinance.
C. ORDINANCES AND RESOLbTIONS
1. Report on Second Unit Ordinance
Mayor MDyles noted that the Council had requested that the Planning Ccnmission consider
the possibility of making findings that seeend units were not warranted in Saratoga,
since there was no public record on that question. COuncilmembers agreed that it would
be necessary for the CU'~dssion to hold public hearings, so it would not be possible to
adhere to the original schedule.
Jeyce Hlava rose to speak as a Planning Cu~ul~ssioner. She stated that the C~ul~ssion
had deleted all references to second units in the Housing Element, and she felt it was
possible for the Conu~H ssion to remain on schedule with the. Housing Element.
Mr. Toppol of the City Attorney' s office explained that the record would have to show
that there were hearings on the subject; he felt it would be easiest to keep the
Housing Element at the Ccmmission level until the second unit ordinence was ready,
and to bring both back to the Council together.
MOYLES/M3tLIORY MOVED TO AG~qDIZE PROPOSED REVISED SCHEDULE FOR CONSIDERATION OF
SECCND UNIT ORDINANCE AND HOUSING F. LRMENT AT STUDY SESSION 3/27. Passed 5-0.
Mildred Cordon, Preside%t of the Saratoga Area Senior Coordinating Council, stated
that the SASCC was disappointed in the delay and could live with the ordinance pre-
sented previously by the City Attorney.
3-3/21/84
The Council then recessed for the purpose of a closed session on litigation from
8:07 to 8:38 p.m.
V. PUBLIC HEARING
A. Consideration of Request for Rate Increase by Green Valley Disposal Ccmpany
(continued frce 3/7)
The public hearingwas opened at 8:30 p.m.
Don Carr, 19803 Merribrcok Court, asserted that the scale at the landfill did not work,
and garbage was being charged by voltmae, not weight.
Mr. Zanardi, of Guadalupe Rubbish, stated that all rubbish wan weighed, and that there
were two scales.
John Haufe, CanyonviewDrive, requested that the two free unlimited pickups per year
be reinstated.
Dora Grens, 13451 Old Oak Way, stated that she lived in a hard-to-serve area and that
she, together with her neighbors, favored the two free unlimited pickups per year.
She also stated that she often took garbage to the dump, and it was not weighed.
Bill Sheridan, 19776 Lisa Avenue, stated that many citizens had not ccme to the public
hearing because they believed the Council would pass the proposed temporary 10% rate
increane; he asserted that Green Valley would present the Council with an ultimatun
and urged the Council not to yield.
LOis Cockshaw, Canyon View Drive, objected to.the fact that l~land areas could have
unlimited pickup. She also urged that an audit be performed.
Jesse Jack, attorney representing Green Valley.Disposal, reviewed the history of the
rate increase request, stating that Green Valley had cooperated extensively with the
Rate Review Comnittee. He noted that the City, in considering a 10% temporary rate
increase, had not promised that the requested 34% increase would be granted if an
audit indicated that the books were accurate..Mr. Jack expressed the opinion that
the City was not negotiating-in gocd faith. He stated that Green Valley coLLId not
continue their level of service on the basis of a 10% increase and, moreover, that
there might be problems with the other contract cities if Green Valley accepted the
10% increase. He satated that if the 10% increase were offered, Green Valley would
discontinue service to Saratoga as of April 20, 1984. If the City were unable .to
find a replacement by that date, he said, Green Valleywould accclnmodate the City
under certain conditions, among whichwouldbe good faith attempts on the part of
the City to find a replacement service.
Mr. Toppel of the City Attorney's Office disputed Mr. Jack's contention that the
Citywas not negotiating in good faith. He noted that it had been stated clearly at
the last study session that the Citywas providing a temporary increase as a good
faith gesture pending the final decision. He pointed out that the franchise agree-
ment states that Green Valley can ask for an increase and that the Council is entitled
to review the recul~endation of the Rate Review Cc~anittee to determine whether to
approve a change in the rate schedule. The other contract cities, he said, are not
entitled to dictate to the Saratoga Council what it should do. He expressed doubt
that Green Valleyhad made an offer to performan audit which the Rate Review Cc~mit-
tee declined, as Mr. Jack had asserted. Mr. Toppel pointed out that the City has not
stated that it woulddeny Green Valley's request; he believed that GreenValley's
giving a date of termination of service was not proper under the contract and would
be regarded as a breach of contract by the City. The Citywould take appropriate
action to prevent termination, he said. If Green Valley disputed Council action
he believed that their remedy was to let a judge decide the issue, not to terminate
service.
The public hearing was closed at 8:59 p.m.
Councilmember Callon and Mr. Toppel discussed the wording of the draft resolution,
including the type of audit to be Idone, payment arrangements, and the fact that
the 10% increase was to be a temporary increase. Councilmember Callon ccm~nented
that the Council bad stated at the study session that they were willing to consider
several measures to increase Green Valley's revenue, such as mandatory service, man-
datQry curbside service, and increasing conmercial rates. She also suggested that
4-3/21/84
a lien system might be possible to reduce bad debts. She objected to Mr. Jack' s
statenent that the City was not attempting to resolve the problare.
Councilmember Fanelli suggested that the scope of the audit be left to whoever was
hired to perform it, since that person would have the expertise to make that judg-
ment.
'Councilmember Mallory expressed the view that the Council' s action ~n passing a
10% increase would be unreasonable and would show to sGne degree a lack of good
faith. He stated that Saratoga' s negotiators had decided that no audit was neces-
sary five months ago, and they represented the City. He felt that Green Valley had
fully cooperated with the Rate Review Ccmmittee, and the City had not contested any
specific issues raised by that committee. He also believed that there was an increase
in service, caused in large part by the one can/unlimited structure which the Council
had adopted a year ago. Mr. Mallory suggested establishing a businesslike working
relationship which would include a rate structure which would charge by cans used
plus an unlimited rate, plus pickup when it is appropriate. He also favored accept-
ing Green Valley' s offer to audit, sithough he believed if the City was unhappy
with Green Valley the City ought to terminate the contract and go to bid. He was
not pleased Wi~h the process the Council was going through.
Councihnent~r Clevenger felt that it would have been better if the Rate Review CGr~
mittee had kept the Council informed earlier in the process. She remirded those
?resent, hewever, that the Council had spent a great deal of time last year in
efforts to develop an equitable rate structure, and in good faith they had not
expected to be faced with another increase so soon. Under the circ~nstances, she
felt it necessary to gain more information to justify another increase.
Mayor Moyles felt it necessary for the Council not to defer the question of the
increase to the Rate Review Cutmittee, but to take the responsibility on the~-
selves. He disassociated kimsetf completely frcm Mr. Mallory's renarks concerning
the good~faith character of the Council' s actions. He subscribed to the City
Attorney's position concerning the City's legal position. He suggested that the
Council take up the resolution as modified concerning the cost of the audit; sched-
ule the topic for a study session to determine the scope of the audit; schedule a
study session to review the City Attorney's reccramendations in response to Green
Valley' s cum~ents.
Council and City Attorney discussed wording of resolution~ and its title.
MOYLES/FANELLI MDVED TO ADOPT RESOLI/~ION 2129 OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING A TEMPORARY AND INTERIM RATE INCREASE UNDER THE FRANCHISE AGREE-
MENT WITH GREEq VArI.EY DISPOSAL COMPANY, WITH THE IAST SENTENCH IN PARAGRAPH 2 MODI-
FIED TO READ "GREEN V~T.T,FX SHALL BE RESPOSIHLE FOR PAYMENT OF SUCH AUDIT COSTS AS
MAY BE REQUIRED UNDER THE TERMS OF THE FRANCHISE AGREEMENT, AND THE BALANCE OF ANY
COST SHALL BE PAID BY THE CITY." Passed 4-1 (Mallory opposed).
There was consensus to agendize for the next study session the question of the
scope of the Green Valley audit, as well as a closed session on litigation. Mr.
Toppel asked Councilmembers for suggestions for auditors who might conduct the
audit, since he hoped to avoid the public bid process on this specialized topic.
Mayor Moyles returned to items preceding public hearings.
C. ORDINANCES AND RESOLUTIONS (continued)
2. Ordinance Designating Foothill Club as Heritage Resource (second reading)
FANRLT,I/~GER FDVED TO READ THE ORDINANCE BY TITLE ONLY, WAIVING FURTIER READING.
Passed 5-0.
FANELLI/CLEVENGER MDVED TO ADOPT ORDINANCE HP-1. Passed' 5-0.
3. Ordinance concerning Enforcsnent of Code and Ordinance Provisions (second
reading)
CLEVtlN~/MALLORY MOVED TO READ THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING.
Passed 5-0.
CLRVENGER/MAILORY MOVED TO ADOPT ORDINANCE 38. 118. Passed 5-0.
5-3/21/84
4. Ordinance Regarding Placement of Political Signs (second reading)
FANELLI/MOYLES MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING FLrRTHER READING.
Passed 5-0.
FANRrI.I/CLEVENGER MOVED TO ADOPT ORDINANCE NS-3.56. Passed 5-0.
5. Resolution concerning .Youth Appreciation Week sponsored by Mayor Moyles
MOYLES/~GERMOVEDTO ADOPT RESOLUTION 2130. Passed 5-0.
D. BIDS AND CONTRACTS
1. Agreement for Plan Checking Services
Ccr~nunityDevelopnent Director explained proposed agreement. CouncilmemberFanelli
expressed objections to it, including the fact that the Planning Department was con-
sidering hiring an in-house checker; the contract checker should not be allc~ed to
do other projects in Saratoga; timeline r_eqv/renents shouldbe tightened up, and
the checker should be penalized if he does not meet the timelines. Councilmembers
and City Attorney discussed further revisions, end Ccmmunity Development Director
offered to discuss the proposed revisions with the plan checker. He reccrmnended
that the fee schedule be adopted, however, effective inmediately.
FANFJLI/MOYLES MDVED TO ADOPT FEE SCHEDULE ON PAGE 2 OF PlAN CHECKING AGREEF~RqT
BL~ NUT THE REMAINDER ABSENT THE RLTURN OF THE CONTRACT TO THE COUNCIL. Passed 5-0.
City Manager noted that staffing in this area would be discussed at the next study
session.
Mayor MDyles then proceeded to items following public hearings on the agenda.
VI. NEW BUSINESS
A. D~scussion of Oral Cc~munications, if any - None.
B. Written Ccmmunications frcm Public
#1 fremJ. end T. Hayden supporting revenue-generating package - noted and filed.
#2 fran J. Jackson requesting action to prevent visual intrusion by occupants of
building near residence of M. and S. Galeb - Culu,~0nity Development Director to
host meeting between two parties involved. '
#3 frcra K. Loewensternopposing Planning Ccnraission actions hampering outdoor din-
ing in Saratoga restaurants - staff directed to write Ms. Loewenstern to deter-
mine whether she has a specific restaurant in mind.
#4 fr~n R. Fairall ctmplimenting Jack Tomlinson - letter to be acknowledged and Mr.
Temlinson sent a copy.
#5 frcrnF.' Esparza et al. petitioning for closure of Paseo Lado - agendized for
staff repOrt 4/18; Cc~munity Service Officers and Sheriff's office to be infonned
of problem. Mary Hawkins, 18692 Paseo Lado and Thcmas Cribbs, 19645 Pasee Lado,
expressed support for the closure at Quito.
C. New Business frcra Councihranbers
Fenelli stated she planned to hold a public hearing to obtain input in fire services
from the public for the benefit of the Fire District Study Coamittee. She requested
authorization to have the City pay for a notice in the paper. Consensus to have
the City pay for the notice.
Fanelli then expressed concern that a public hearing on the proposed ballot measure
for an asses~nent to support pavement management had not yet been scheduled. City
Manager suggested that the matter be discussed at a study session. Fanelli reccrn-
mended that $85 be assessed rather than $100, feeling that the City should not col-
lect more then it needed per year. Mallory suggested that before a decision on the
amount to be collected was made, staff should report on what total costs were ex-
pected ever the next five years for the program. Moyles noted that the matter was
agendized for study session, and that staff could answer questions at that time.
Mallory also requested information on howmuch is to be accon~plished on the program
this year.
6-3/21/84
Clevenger reported that the Policy Advisory Board for Highway 85 was to vote on
whether Nbuntain Vie~ and Sunnyvale should join the Board. Consensus to wait
until further information is available.
Clevenger then asked if Council wished to add anything further to the letter con-
cerning Hakone Foundation. Consensus to have Clevenger take the letter to the
Parks and Recreation Culul~ssion. City Manager stated ha would also take some sug-
gested input to the Cual~ssion.
~byles stated he had received a ccnmunication from Lynn Belanger which he had ex-
pected to take up under Oral Cul~uunications, but since she and her client had been
waiting all evening, he suggested that the Council hear the matter to see if there
were anything they wanted to consider.
Lynn Belanger, representing. Rhett's restaurant in Saratoga, stated she had an urgent
matter to discuss. She said that Rhett's had been cited twice for failure to have a
dance hall permit. In attempting to obtain a permit from the City, she was told by
staff that the area was not zoned for dance hall use, nor was any area in the City
so zoned. She cited Division 4 of the Saratoga City Code, which includes the issu-
ance of dance hall permits under Business Regulations, and suggested that the Zoning
Ordinance should not be considered to have any control over dance hall permits.
Mr. Toppel stated he felt Ms. Belanger's reasoning was persuasive. Councilmember
Callon stated she would prefer to amend the ordinance to require a public hearing
with an appeal to the City Council.
CALLON/MOYLES MOVED TO INTERPRET THE CODE AS IT STANDS TO PERMIT THE GRANTING OF A
LIC~tNSE IN A DISTRICT WITHIN THE CITY FOR WHICH THE KINDS OF USES ARE SPOKEN AND
TO ASK THAT STAFF ACCEI~ AN APPLICATION AND FOLLOW THE PROCESS AS OUTLINED IN THE
BUSINESS REGULATIONS ORDINANCE. Passed 4-1 (Mallory opposed).
Councilmember Mallory stated he opposed the motion because he felt it opened up the
City beyond what the citizens wanted; he felt the matter had been handled too quickly,
which showed favoritisn.
Ms. Belanger inquired as to any fee that might be required; City Manager believed
there was no fee.
D. New Business frcTn Staff
City Manager brought up an invitation from the Chamber of Caaterce to' hold a
joint meeting with the Council on April 23. Councilmembers discussed scheduling,
and there was consensus to hold meeting on a s[udy session night if the schedule per-
nitted.
Cum~onity .Development Director asked that Council sent a time for a joint meeting
with the Heritage Preservation Ccremission. THere was consensus to allow the City
Manager to set an appropriate date.
VII. ADJOURNMENT
The Council adjourned at 11:23 p.m.
Respectfully submitted,
Grace E. Cozy
Deputy City Clerk