HomeMy WebLinkAbout04-03-1985 City Council Minutes TIME: Wednesday, April 3, 1985 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
A. ROB CAT.T, - Councilmembers Clevenger, Hlava, Moyles ~nd Mayor Fanelli
present at 7:08 p.m.; Councilmember Callon present at 7:10 p.m.
B. MINUTM~ - 3/20
Councilmember Moyles requested that the minutes on page 4 be amended to show the
consensus of Councilmembers to pursue the disposition of City-owned real estate at
the appropriate time. Councilmember Clevenger requested that they be amended on p.
5 to include the $7,000 allocation for handicapped accessibility improvements in the
Village Library.
CLEVENGER/MOYLES MOVED TO APPROVE THE MINU'l'blg AS AMMqDED. Passed 4-0.
II. ORAL COMMUNICA_~IONS
III. ~ CAn;~qDAR
Resolution Declaring Peace Education Week sponsored by Councilmember
Clevemger
RESOI//flfRq 2223
B. Resolution Grant/ng Masek Appeal h~rd 3/20
RESOLUTION 2224 (Clerk's note: It was pointed out that the dissenting
votes (m the grant of the ~1 were Fenel]/and ~l~va.)
C. Final Bui]dlng Site Approval, SDR 1569, Farwell Ave. (S. ~erardo)
D. Resoluticm Accept/rig Offer of D~a~cation, AlleDa~]e Ave.
RESOI/3TION 2225
E. Notice of Cu~letien for Striping Certain City Streets
F. ~x~ffcance arK] Acknowledgment of Donatic~ - White
G. Constructien/~cceptance, SDR 1480, K. Daniel, Pie Road
H. Approval of Wa~L~nt List
Acting City Manager answered Councilmember Hlava's question concerning a records
management-expenditure on the Warrant List, and Councilmember Hlava then questioned
whether the payment to TJKM should be made, since their initial report had not been
satisfactory. After discussion, the Council decided to authorize the payment but to
direct staff to write to TJKM indicating that future pay.ments would depend on
satisfactory work.
CLEVEMGER/HLAVA MOVIID TO APPROVE CONSENT CAI.RNDAR. Passed 5-0.
A. ADMINISTPJ~TIVE REPORTS
1. Report en Bus Stop Pavement la~pmt Program (information only)
Report noted.
B. REPORTS FROM ~SSIONS AND
1. Oral Re~orts frcm Cu~mHssi(~lers - None.
C. ORDINANC]~ A~D RESOI/Yi~ONS
2-4/3/85
1. Ora'~nance T~-eo~ing Transie~xt C~cy Tax (secund
CLEVENGER/HLAVA MOVED TO READ ORDINANCE IMPOSING TRANSI~qT OCCUPANC~ ~AX BY TITLE
ONLY, WAIVING FURTHER ]~3~DING. Passed 5-0.
CLEV~HLAVA MOVED TO ADOPT ORDINANCE 38.129.. Passed 5-0.
2. Ordinano_~ Ad~Jsting Business License Fees (second r~a~ng) - .
CALLON/HLAVA MOVED TO READ ORDINANCE ADJUSTING BUSINESS LIC~qSE F~S BY TITLE ONLY,
WAIVING FURTHER READI~3. Passed 5-0.
CALLON/HLAVA MOVED TO ADOPT ORDINANCE 38.130. Passed 5-0.
3. Ordinano_~ T~MpOSing Utility Users Tax (secund rna~ng)
HLAVA/MOYLES MOVED 9D READ ORDINANCE IMPOSING UTILITY USERS TAX BY TITLE ONLY,
WAIVING FURTHER READING. Passed 5-0.
}ILAVA/~YT,F.q MO~rFI) TO ~3DOPT OPj3IIq2~CE 38.131. Passed 4-1 (Callon opposed).
Councilmember Callon noted that she had previously explained her opposition to the
utility users tax without a cap.
Councilmember Callon :suggested tha~ the Council discuss the proposals for study of
the development of the Paul Masson property. She reviewed Planning Commission
discussion of the subject. Gerry de Young, a representative of one of the
consulting firms who had submitted a proposal, rose at the request of the Council to
clarify his proposal and explain how the staff might work with the consultant.
Councilmembers considered the proposals and decided to ' request more information
from the three firms which had submitted "full-service" proposals, to be agendized
for the next regular meeting.
V. F,31~T,TC kI~a, RINGS
A. Ordinance designating the W~l l~m King ~ouse as Fbritage Ras(xlroe (first
reea~ng}
Sharon Landsness, chad.r of the Heritage Preservation Commission, spoke in favor of
the ordinance. The public hearing was opened at 8:14 p.m.
Barbara Voester, another member of the Heritage Preservation Commission, also spoke
in favor of the ordinance. No one further appearing to speak, the public hearing
was closed at 8:14 p.m.
c~,RVENGER/MOYLES MOVEI~ TO INTRODUCE THE ORDINANCE DESIGNATING THE WIT,T,TAM KING HOUSE
AS A HERITAGE RESOURCE. Passed 5-0.
B. Ordinance e~Fahlishing Site Review C~mm~ttee and designating such o ....... {ttce
the advisory body for cer~a{. decisions and determinations under the
Subdivisic~ ,Ordinance (first rnaa~ng)
C. Ora~nance ame~a{ng the Zoning Ordinance to designate Site Review C~mm{ttee
as approving authority for certain design review applications (first
rpzding )
D. Ora~nance ame~a~ng Sectic~ 21 of the Subdivisic~ Ordinance t~. em=,,,:.L
certain exp~nsicels Of Lsingle family resideIces frem the rec~,~rements of
k~,~lding site approval (first reaa~ng)
Mr. Toppel of the City Attorney's Office explained the interrelationship of ordinan;
ces B, C and D. It was agreed to hold the public hearings on all three ordinances
simultaneously. The public hearing was opened at 8:29 p.m. No one appearing to
speak, it was closed at 8:30 p.m.
HLAVA/CALLON MOVED TO INTRODUCE THE ORDINANCE ESTABLISHING THE SITE R]~;IEW
COMMI'iT~. Passed 5-0.
3-4/3/85
CALI3DN/HIAVA MOVED TO APPROVE THE NEGATIVE DECLARATION FOR THE ORDINANCE AMenDING
THE ZONING ORDINANCE TO DESIGNATE THE SITE REVIEW COMM1T~'~:~: AS APPROVING AUTHORITY
FOR ~TAIN DESIGN REVIEW APPLICATIONS. Passed 5-0.
c~.RV~qGER/HLAVA MOV~ TO INTRODUCE THE ORDINANCE AMENDING THE ZONING ORDINANCE TO
DESIGNATE THE SITE REVI~ COMMI'LT~E AS APPROVING AUTHORITY FOR ~T~IN DESIGN REVIEW
APPLICATIONS. Passed 5-0.
HLAVA/CALLON MOVED TO INTRODUCE THE ORDINANCE AMENDING THE SUBDIVISION ORDINANCE TO
EXEMPT CERTAIN EXPANSIONS OF SINGLE FAMILY RESIDENCES FROM THE REQUIREMENTS OF
BUILDING SITE APPROVAI~ Passed 5-0.
Mayor Fanelli commented that the above ordinances, which had been developed by the
Code Review COmmittee, would relieve the Planning COmmission of many standard items,
allowing them to concentrate on other matters. COuncilmember Callon commended the
COuncilmembers who had worked on the committee on their successful efforts.
Ordinance ame~a{ng articles of the City Code pertaining to parade, foot-
race and festi~-al permits (first r~aing)
City Attorney explained ordinance. The public hearing was opened at 8:37 p.m.
Peggy COrr spoke as a representative of the Saratoga Foothill Club, asking whether
their Memorial Day Parade would fall under the provisions of the ordinance. Mayor
Fanelli replied that it would. Mrs. COrr expressed the fear that her organization
could not afford the charges. City Attorney suggested that the City investigate
obtaining an insurance rider covering such special events. Mayor Fanelli stated
that Ms. Corr should make an' official presentation on the matter to the City COuncil.
No one further appearing to speak, the public hearing was closed at 8:40 p.m.
MOYLES/HLAVA MOVED TO INTRODUCE AN ORDINANCE PERTAINING TO PARADE, FOOTRACE AND
FESTIVAL PERMITS. Passed 5-0.
A. Discussice1 Of Oral Cu~nicatifms, if any - None.
B. Written C~....,~ticati~s froIra the Public
#1 from J. Votaw requesting relaxation of restrictions on Wiidwood Park for Chili
Cook-off - Mr. Votaw was permitted to speak in support of his letter. The item
was referred to staff for processing of approval.
#2 from Residents United to Protect Vickery Lane requesting locked gate - staff
directed~o prepare report detailing history of situation and addressing the
feasibility of the gate; COuncil will then determine whether circumstances have
changed, warranting a change in the requirement.
#3 from M. Hinman expressing objections to decision on Morrison appeal -
Mayor Fanelli removed herself from the discussion and did not participate in any
way, since she had abstained from the original decision. COuncilmember Clevenger
presided as Mayor Pro Tem. She allowed Mr. Hinman to speak, and he reiterated the
points in his letter. Mayor Pro Tem Clevenger aske~ whether anyone wished to move
to reconsider the Council's previous action. No such motion was made, and the
COuncil's previous action therefore stood. Mayor Fanelli resumed her duties as
Mayor.
Mayor Fanelli, noting that the Community Newsletter editor was present, asked whe-
ther he had questions for the Council. Mr. Stankus rose and discussed with the
Council various items to be included in the next newsletter. He expected that a
draft could be included with the packet for the April 17 COuncil meeting.
C_ New Business from Sf~ff, ;~]mlnistrative Re~orts not Scheduled
Finance Director reported that the air conditioner in the Community Services
De artment had malfunctioned and recommended replacement at a cost estimated at
$3~0. Maintenance Director explained that the cost could be covered from savings
in other, completed capital improvement items. Mayor Fanelli asked whether using
4-4/3/85
the funds for the air conditioner would be to the disadvantage of other projects,
and Finance Director replied that it would not.
HIAVA/MOYLES MOVED ~[D AUTHOPaZE REPLACEMENT OF THE AIR CONDITIONER/HE~/NG UNIT IN
THE COMMUNITY DEVELOPM~Vf DEPARTMENT USING SAVINGS IN THE CURRENT BUDGET OF THE
M/~N'iENANCE DEPARTMj.IqT. Passed 5-0.
Community Development Director reported that the Union Oil Company had put in new
plantings in a service station area which had previously been a problem.
D. New Business f~uu Cotnlc~l-w~-hers
Clevenger - reported on the construction schedule for Route 85, which had been
discussed at the most recent ROute 85 Policy Advisory Board meeting. She noted that
San Jose residents supported depressing the freeway in their area, as the Council
wished to do in Saratoga. Councilmembers discussed writing a letter to CalTrans
requesting them to release data required by the City's Route 85 consultant.
Councilmember Clevenger volunteered to work with staff to write the letter, with a
copy to Diane McKenra.
Fanelli - commented that a recent report from the Humane Society seemed to indicate
that the Humane Sooiety was an expensive service, but it might be worth while
considering later.
- reported 'that a meeting was to be arranged with the Board of Trustees of
West Valley Joint Community College District to discuss the possibility of the
District's paying some street maintenance costs.
- suggested that the Council save May 28 or May 29 for an extra Council
n~eting on the budget:, if needed. There was consensus to do so.
E. Actill1 Ref,~a Log - No ccnm~_nts.
VII. ADJM
The meeting was adjourned at 9:22 p.m. to a closed session on personnel, then to a
closed session on litigation (Hulse and Cocciardi).
Respectfully suhnitte~l,
Deputy City Clerk