The URL can be used to link to this page

Home My WebLink About07-18-1984 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 18, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL - Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:02 p.m. B. MINUTKS- 5/21, 6/19, 6/20 MOYT.F-q/FAN~II.I MOVED APPROVAL OF 5/21 MINUTES AS SUBMI'ITPJJ. Passed 4-0-1 (Hlava abstaining because she had not been present). MOYT.F-q/CALLON MOVED APPROVAL OF 6/19 MINUTES AS SUBMi'FF~]3. Passed 4-0-1 (Hlava abstaining because she had not been present as a Councilmember during the entire meeting). MOYLES/CALLON MOVED APPROVAL OF 6/20 ~ AS SUBMI'rA'Eu. Passed 5-0. II. ORAL COMMUNICATIONS - NO one appeared to speak. Ill. CONSENT CAT.~ A. Denial of Amended Claim - San Jose Water Company (by Pinelli in reference to 21075 Michaels Drive) B. Notice of Cul~letion - Overlay Certain City Streets C. Final Acceptance for SDR 1526 D. Acceptance and Acknowledgment of DOnation to Hakone ~rden (Hogan-Moles) E. Acceptance and Acknowledgment of DOnation to Hakone Garden (Moore) F. Modification of Site Development Plan and CC&R's, Parker Ranch (approved 6/6/84 ) RESOLUTION 2157 G. Treasurer's Report - May H. Approval of Warrant List MOYLES/CLEVENGER MOVED APPROVAL OF ENTIRE CONSENT C~T2~NDAR. Passed 5-0. A. ADMINISTRATIVE REPORTS 1._ Cupertino Request to Restripe Prospect Rd. Between Stelling and jamestown Ct. Councilmembers questioned safety aspects of proposed restriping and requested that staff investigate and report hack to Cenacil. 2. Report on AAUW Fee Waiver Request Councilmembers discussed Community Center Use Policy and determined that a section should be added to clarify that to qualify for a fee waiver, an event must involve the public. ~/CALLON MOVED TO CLARIFY THE COMMUNITY CENT~ USE POLICY BY ADDING SECTION D UNDER 'NON-PROFIT GROUPS' INDICATING THAT IN ORDER TO QUALIFY FOR ~'~.'~.' WAIVER THE EVENT MUST BE OPEN TO THE PUBLIC, ADVERTIS~HD AS SUCH, AND FOR THE PUBLIC BENEFIT. Passed 5-0. Councilmembers discussed whether the AAUW event met the guidelines for public involvement. Most agreed that it was an event for the membership of AAUW, and not for the public benefit. Councilmember Hlava felt that the event was open to the public and had been so in the past. 2-7/18/84 FANRLLI/CAIJJDN MOVED TO DENY AAUW b'~.'~: WAIVER REQUEST. Passed 4-1 (Hlava opposed). Councilmember Hlava asked that AAUW be permitted to appeal denial to staff if they could show that the event was indeed open to the public, advertised as such, end for the public benefit. Mayor Fanelli directed that staff grant the fee waiver if AAUW could meet the guidelines. 3. Reports on Request for Closure of Paseo Lado City Manager explained reports. He recommended that the Community Service Officer recommendation not to hire a traffic consultant be approved. Councilmember Hlava reported that she had spoken with six residents of the area who had varying opinions as to the results ef the efforts of the Com~.3~,ity Se.T~ices Officer~ ,~.~hich c~nsist¢~ of monitoring the situation and requesting voluntary compliance. There was consensus to request the CSO to continue his efforts and report back to the Council in four months, after school had started; the Community Development Deparment was to monitor traffic patterns. The traffic consultant option could be reconsidered if necessary after the four-month period. B. REPORTS FROM CO~4ISSIONS AND ~'l'l'~.~ 1. Attendance Reports frc~ Cu,l~Hssions Mayor Fanelli noted that attendance had been generally good; with the Council's consent she agreed to counsel two commissioners whose attendance had been below average. _ 2. Report and Recommendations from Public Safety Commission on Traffic Safety Evaluation Report City Manager reviewed report and, in answer to MayOr Fanelli, stated that the Sheriff's Office had received a copy and had been requested to respond to it. Councilmember Hlava noted that the Commission had commended Erman Dersey and the City staff in general. With respect to the recommendation in the Traffic Safety Evaluation Report that the Community Services Officer be supervised by the Sheriff's Office, she preferred that the supervision remain the joint responsibility of the City and the Sheriff's Office. Mayor Fanelli commended the Commission on the report and suggested that the report be accepted and returned to the CULILj SSiOn and staff. CLEV~GER/CAItDN MOVED TO ACCEPT REPORT. Passed 5-0. C. ORDINANCES AND RESOLUTIONS 1. Ordinance Imposing Special Tax for Maintenance of Public Streets and Roads (second reading) MOYI.F-q/CLEV~GER MOVtD TO READ ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. MOYLES/CALLON MOVED TO ADOPT ORDINANCE 69 ~'~'~3TIVE ~ ITS APPROVAL BY THE V(~£~S AT THE ROV]tMBER 6, 1984 RLFCTION. Passed 5-0. 2. Resolutions Implementing Above Ordinance a. Resolution Calling Special Election to Submit Proposition for Approval of a Special Tax for Read Maintenance CALLON/HIAVA MOVED TO ADOPT RESOLUTION 2158. Passed 5-0. b. Resolution to Consolidate Saratoga Election with Statewide General Election CALLON/FDYLES MOVED TO ADOPT RESOLUTION 2159. Passed 5-0. c. Resolution Requesting Services of County Registrar of Voters for Special Election CALLON/CLRVt~F~ER E TO ADOPT RESOLUTION 2160. Passed 5-0. 3. Ordinance Prohibiting the Possession of Opened Alcoholic' Beverage COntainers On POsted Premises (second reading) Cr.RVEI~GER/ItLAVA MOVED TO READ ORDINANCE BY TITLE ONLY, WAIV]!NG FURTHER READIlqG. Passed 5-0.' CIEVENGhR{/HLAVA MOVED TO ADOPT ORDINANCE 38.120 AS READ BY TITLE ONLY. Passed 5'0.. 3-7/18/84 4. Ordinance Adding Article 16A to the Zoning Ordinance Relating to Second Units as Conditional Uses in Certain Zoning Districts (second reading) Mr. Toppel of the City Attorney's Office explained a wording change he had submitted which clarified Council's intent; existing second units on non-conforming lots established before the City's incorporation were to be permitted, subject to all other requirements of the ordinance. Councilmembers agreed that that had been their intent, and Mr. Toppel stated that the first reading would not need to be repea~ed. MOYLES/HLAVA MOVED TO READ ORDINANCE, SUBJECT TO CLARIFICATION OF CITY AI'IDRNEY, BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0.. MOYY.PS/HIAVA MOVED TO ADOPT ORDINANCE NS3.59. Passed 4-1 (Clevenger opposed). Councilmember Clevenger, no~ing that she had explained her opposition to the ordinance in the past, made no further statements on the matter. Councilmembers discussed communicating Withthe PlanningCommission on interpretation of the ordinance, and Mayor Fanelli directed staff to sendtheCommission a memorandum stating that their application of the ordinance should be strictly according to the provisions of the ordinance. Councilmembers then discusseddisseminating information about the ordinance. There was tentative consensus to publish the ordinance in the Saratoga News in full, to send the residents of Saratoga the newsletter whichhadbeenpreparedand to send property owners notification,~ if staff indicated that the costs were not excessive. 5. Resolution of Intention to Abandon a Portion of Riverdale Drive CALDDN/CLEVENGERMOVED TOAD OpT RESOLUTION 2161. Passed 5-0. 6. Resolution Favoring the Reduction of Alternatives to be Studied for the Development of Route 85 and Recu~ending Guidelines for the Alternatives Analysis CouncilmemberClevenger suggested the resolution beamendedto show that if the Policy Advisory Board supported study of an eight-lane freeway, the light rail-only alternative should also be studied. There was consensus to do so. CLEVE]q"~EE/HLAVAMOVED TO AMENDAS SUGGESTt])ANDADOPTRESOLUTION 2162. Passed 5-0. 7. Resolution Appointing Council Representatives to Various Cul~,~tteesand Agencies Councilmember Moyles stated that he was willing to relinquish theposition of alternate to Sanitation District #4 Board to Councilmember Clevenger. Other CounciLmembers acquiesced, and the resolution was so amended. HLAVA/CLEVENGER MOVED TO AMEND AS SUGGESTEu AND ADOPT RESOLUTION 2163. Passed 5-0. 8. Resolution establishing Finance Charge, Administrative Charge and Special Assessment Charge on Delinquent Accounts for Garbage Collection MOYLP.~/FANRLIJ MOVt]) TO ADOPTRESOI/JTION 2164. Passed 4-0-1 (Hlava abstaining). 9. Resolution Approving County-Wide Multiple Casualty Incident Plan CLEVE~YI.P~ MOVED TO ADOPTRESOLUTION 2165. Passed 5-0. D. BIDS AND CONTRACTS 1. Purchase of Backhoe Attachment HIAVA/MOYI?S MOVED TO APPROVE PURCHASE OF BACKHOE AITACHM~NT. Passed 5-0. V. PUBLIC HEARINGS - None. VI. NEW BUSINESS A. Discussion of Oral C~,~unications, if any. 4-7/18/84 Mary Hawkins, 18692 Paseo Lado, requested permission to speak, since she had received anagenda showingan incorrect time for the meeting andhadtherefore missed her item. Mayor Fanelli summarized the action taken on the Request for Closure of Paseo Lado. Ms. Hawkins then expressed dissatisfaction with the large amount of traffic generated bythe pizza parlor and with speeders in the area. She requested further enforcenent by the Sheriff. Mayor Fanelli then announcedthat the Council was preparedto make appointments to the commissions which had had vacancies. HLAVA/MO~7.F.q MOVT~3 TO APPOINT ANN MARIE BURGER TO PLANNING COMMISSION. Passed 5-0. C!-.-~--rEN-~M./CAILON M~-mTD~ ~ P~APPO,,I~,~_·. RICH ~.~rTJ~LO~,~ ~ TO APPOINT LAURIE PAKI[LA AND Tk~{ENCE WARD TO THE PARKS AND RECRFATION COMMISSION. Passed 5-0. B. Written Cc~munications from the Public #1 from S. and M. Kenzler requesting that City expend funds to remove tree on their property - referred to staff for recommendation. #2 from I~ Burtness objecting to elimination of single can garbage service - noted and filed. #3 frcm M. Garcia objecting to raising of garbage rates - noted and filed. #4 from Saratoga Village Association objecting to hot dog cart - referred to Parks and Recreation Commission for reply to Village ASsociation. #5 frc~ C. Gulrichmaking recul~L,endations on Route 85 - noted and filed. #6 from M. BUllock objecting to elimination of LRT only alternative for Route 85 - noted and filed. #7 from Z. Lofgren, County Board of Supervisors, requesting change in procedures in garbage negotiations - referred to City Manager for recu,,,endations. #8 from two residents concerning installation of sign withnames of houses of worship. Judy Carr, one of the writers, rose to give further details of request She was advised to apply for sign permit. #9 frcm B. Martel concerning water problem - noted and filed. C. New BUsiness frcm Councilmembers Mayor Fanelli noted that a resolution conunending Jack Mallory for his years of service on the City Council had been prepared for presentation at the. Peninsula Division of the League of California Cities dinner. CLEVE~GER/MOYI.~.q MOVe]3 TO ADOPTRESOLUTION 2166 IN REOOGNITION OF JACK MALLORY. Passed 5-0. Councilmember Clevengerbrought up the subject of appeals of the GreenValley Garbage Disposal rates. There was consensus to request that those wishing to appeal write Green Valley, witha copy of the letter going to the City Manager. Mayor Fanelli discussed the possibility of creatingan ad hee committee to review Planning Commission procedures. Mr. Toppel added thatthe committee wouldbeable to advise staff on revision of the Zoning Ordinance, which mightbe a fairly lengthy process. HLAVA/MOYIZS MOVI~3TOPORMA PI2LNNINGPROCF-qSREVIEWCOMMI.iT~COMpOSEDOFCOUNCiLMEMBERS AND PLANNING COMMISSIONERS. Passed 5-0. D. New BUsiness frem Staff, Administrative Reports not Scheduled- None. VII. ADJOURNMENT The meeting was adjournedat 9:00 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk