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Home My WebLink About10-21-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: October21, 1987 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Hlava, present · at 7:04 P.M. Councilmember Moyles present at 7:06 P.M. 2. CEREMONIAL ITEMS: - None. 3. ROUTINE MATTERS A. Approvalof Minutes: Meetingof October7, 1987. CLEVENGER/I4LAVA MOVED TO APPROVE THE MINUTES OF OCTOBER 7, 1987, AS PRESENTED. Passed 4-0, Councitmember Moyles absent. B. Approval of Warrant List: CLEVENGER/ANDERSON MOVED TO APPROVE THE WARRANT LIST. Passed 4-0, Councilmember Moyles absent. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properlyposted on October 16, 1987. 4. CONSENT CALENDAR - OTHER ITEMS: A. Planning Commission Actions, October 14, 1987, - Noted and filed. B. Final Building Site Approval, SD 87-004, Oak Plhce (1 loft (Developer, J. Waller) C. Final Acceptance and Release of Bond, SDR 1617, Chester Avenue ( Developer, T. Houston) D. Resolution 2442 upholding Planning Commission Decision of Appeal of Naval project, heard October 7, 1987. E. Resolution 2443 upholding Planning Commissi'on Decision of Appeal of Broner project, heard October 7, 1987. F. Resolution 2444 upholding Planning CommisSion Decision on Revocation of Bolander Second Unit Use Permit, bep_rd Octoberi7, 1987. G. Resolution 2445 upholding Planning Commission Decision of Appeal of Brown. project, heard October 7, 1987. H. Proclamation on Children's Day. I. Proclamation on Red Ribbon Week Councilmember Anderson requested removal of Item 4.A. HLAVA/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR WITH REMOVAL OF ITEM 4.A. Passed 5-0. MEETING OF THE CITY COUNCIL Page 2 OCTOBER 21, 1987 CONSENT CALENDAR Continued Councilmember Anderson requested 7reformation on Planning Commission Meeting of October 14, 1987, Item 20; Staff directed to provide additional information. CLEVENGER/ANDERSON MOVED APPROVAL OF ITEM 4. A., PLANNING COMMISSION ACTION ORDER, PENDING ADDITIONAL INFORMATION. Passed 5-0: 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions - Mr. Bext Martel presented a written statemere dated October 12, i987, regarding policy of the Council on Written Communications. B. Written CommUnications from the Public 1) David Carlson, 13301 Glen Brae Dr., expressing opinions on Route 85. - HLAVA/CLEVENGER MOVED TO NOTE, ACKNOWLEDGE AND FILE. Passed 5-0. 2) Earl Sneary, St..Andrew's School, P.O. Box 7, objecting to interchange at Samtoga Avenue HLAVAJANDERSON MOVED TO NOTE, ACKNOWLEDGE AND FILE. Passed 5-0. 3) Carl and Ruth Palmer, 14671 Horseshoe Drive, objecting to mandatory recycling. ANDERSON/HLAVA MOVED TO NOTE, ACKNOWLEDGE AND FILE. Passed 5-0. 4) Hubert E. Roberts, Saratoga Hight School, requesting City Councilmember to senre as judge for Bicentennial of the Constimti0n Contest: HLAVA/MOYLES MOVED TO APPOINT COUNCILMEMBER CLEVENGER TO SERVE AS JUDGE FOR BICENTENNIAL OF THE CONSTITUTION CONTEST. Passed 5-0. 6. OLD BUSINESS A. Ordinance 71.29 amending Article 7-35 of the City Code to Prohibit and Regulate Smoking in Certain Places (second reading and adoption) Councilmember Hlava notedthat the proposed Ordinance Amendment requiring formulati6n of a non-smoking plan for smaller workplaces went considerably beyond what other small cities had adopted; she felt that the amendment would be effective for all workplaces. I--ILAVA/MOYLES MOVED TO ADOPT AN ORDINANCE AMENDING ARTICLE %35 OF : THE CITY CODE TO PROHIBIT AND REGULATE SMOKING IN CERTAIN PLACES, BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. '- - Councilmember Cievenger felt the original draft was a better ordinance. She would vote favorably since such was preferable'to no regulation; however, ,the amendment did not/iddress' cohcerns expressed by the public. Councilmember Anderson questioned whether the public realized that an amendment had been added and felt that the public favored stronger regulations. _~ Ms. Gay Crawford, Past President, American Cancer Society, felt that Saratoga had taken less of a stand than other cities and noted her disappointment in the proposed amendment. HLAVA/MOYLES MOVED TO ADOPT ORDINANCE 71.29 AMENDING ARTICLE 7-35 OF THE CITY CODE TO PROHIBIT AND REGULATE SMOKING IN CERTAIN PLACES, BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. MEETING OF THE CITY COUNCIL Page OCTOBER 21, 1987 OLD BUSINESS Continued B. Requested Modifications of Proposed Operating Agreement with SASCC The City Manager reviewed the modifications made to the proposed Agreement with SASCC; Staff recommended that the agreement be adopted with the amendments as stated. HLAVA/CLEVENGER MOVED APPROVAL OF THE REVISED AGREEMENT BE- TWEEN THE CITY AND SARATOGA AREA SENIOR COORDINATING COUNCIL IN CONNECTION WITH CONSTRUCTION AND FURNISHING THE 1987 ADDITION TO THE SARATOGA SENIOR CENTER AND OPERATION OF THE CENTER. Passed 5-0. 7. NEW BUSINESS A. Proposed Vector Control District The City Manager reviewed the Memorandum of October 16, 1987, and recommended that this Item be set for public hearing December 16, 1987, with an article in the December Newsletter. Councilmember Hiava, noting the rural character of Saratoga, felt that the assessed $3.36 per dwelling unit was minimal in comparison with the demand for service; however, she questioned the percentage of the cost which would be spent on overhead. She was favorable to the holding of a public heating, asked that information be provided on overhead costs and requested that the County be approached regarding the setting of a limit on overhead costs. Mayor Peterson concurred that vector control was a major concern for the City of Saratoga. Councilmember Moyles concurred with comments of Councilmember Hlava and suggested that the City complete its own needs assessment, evaluating options for addressing vector control. HLAVA/CLEVENGER MOVED TO SET A PUBLIC HEARING ON THE PROPOSED VECTOR CONTROL DISTRICT FOR DECEMBER 16, 1987, WITH AN ARTICLE BEING INCLUDED IN THE DECEMBER NEWSLETTER. Passed 5-0. B. Possible Expansion of Board of Trustees of Hakone Foundation Councilmember HIava suggested further consideration of the possible expansion of the Hakone Foundation Board of Trustees; she asked that the Mayor and Councilmember Moyles assess the situation and represent the concerns of the Council to the Board of Trustees. Consensus reached to table discussion on this Item pending further considerations. C. Resolution SD-86.008-03 Request for Modification of a Condition on Final Map SD 86-008 HLAVA/CLEVENGER MOVED TO APPROVE RESOLUTION SD-86-008-03 AMENDING RESOLUTION SD-86-008-02 AND GRANTING CONDITIONAL FINAL MAP APPROVAL FOR TRACT 8058. Passed 5-0. " 8. PUBLIC HEARINGS An Amendment to the General Plan to establish a retail commercial designation on approximately 4.42 acres of partially developed property and prezone the property to CN, neighborhood cordmercial (GP 87-002; ZC 87-002) The City Manager reviewed the proposed amendment and the status of this action in the City of San Jose. The City Manager introduced into the record a letter received from Mr. Christensen, property owner, in opposition to the exchange of land; Mr. Christensen requested a continuance of this Item due to his inability to be present at the hearing. MEETING OF THE CITY COUNCIL Page 4 OCTOBER 21, 1987 PUBLIC HEARINGS Continued The City Manager stated that the City of San Jose Planning Staff recommended that this item be deferred to a date in 1988 in an effort to work out an agreeable transaction between the City of Saratoga, City of San Jose and Mr. Christensen. The City Manager will confer with the City of San Jose and suggested that a meeting be arranged with Mr. Christensen to work out an agreement; a report will be made at the November 4, 1987, Meeting of the Council. The Public Hearing was opened at 7:45 P.M. Mr. John Gatto, Saratoga Avenue Associates, had .no objections to the proposed action. However, he requested consideration of the unique situation wherein property he owned slxaddled the Saratoga/San Jose boundary. He asked that a mechanism be developed in the annexation procedure so that this property not become a non-conforming use; buildings proposed for this site were in excess of the 26 ft. height limitation of Saratoga. HLAVA/ANDERSON MOVED TO CONTINUE THE PUBLIC HEARING ON AN AMENDMENT TO THE GENERAL PLAN (GP-87-002; ZC-87-002) TO NOVEMBER 4, 1987. Passed 5-0. B. Resolution 2446 Reversion to acreage of two appmved lots into 1 parcel (lots 9 and 10 in Block 2 shown upon map entitled "Amended Map of Saratoga Park Lots"), Oak Place (Applicant, J. Waller) The City Manager reviewed the application for reversion to acreage and answered questions. The City Attorney provided further information for the benefit of the City Council. The Public' Hearing was opened at 7:55 P.M. Mr. Joseph Waller, Applicant, presented information on the lots in queStiOn and the new home. HLAVA/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 7:56 P.M. Passed 5-0 MOYLES/HLAVA MOVED APPROVAL OF RESOLUTION 2446 REVERTING TO ACREAGE CERTAIN LOTS IN TRACT SARATOGA PARK LOTS, AND MAKING FINDINGS IN SUPPORT THEREOF. Passed 5-0. C. Ordinance amending Section 9-15.130 of the City Code to designate an additional mail deposit zone (fast reading) The City Manager reviewed the Report of 0etober 21, 1987; Staff recommended approval. : The Public Heating was opened at 7:57 P.M. There were no speakers. MOYLES/HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 7:58 P.M. Passed 5-0 CLEVENGER/HLAVA MOVED TO INTRODUCE AN ORDINANCE AMENDING SECTION 9-15.130 OF THE CITY CODE BY DESIGNATING AN ADDITIONAL MAIL DEPOSIT ZONE, BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. D. Ordinance adding Section 2-20.035 to the City Cede to codify the designation of the ...... City Manager as City Treasurer ( fast reading) The City Manager reviewed the Report of October 21, 1987. . The Public Hearing was opened at 7:59 P.M. There were no speakers. MOYLES]HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 8:00 P.M. Passed 5-0 CLEVENGER/HLAVA MOVED TO INTRODUCE AN ORDINANCE ADDING SECTION 2-20.035 TO THE CITY CODE RELATING TO THE DESIGNATION OF THE CITY MANAGER AS CITY TREASURER, BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. MEETING OF THE CITY COUNCIL Page 5 OCTOBER 21, 1987 PUBLIC HEARINGS Continued E. Ordinance adding Article 16-66 to City Code pertaining to flood damage prevention - * (fast reading) The City Attorney reviewed the Report of October 21, 1987; he presented a revision which __ incorporated the addition requested by the Director of Planning, namely, in Section 16-66.070 (a) Permit Review to state that the Floodplain Administrator can refer any proposal to the City Engineer, the Santa Clara Water District and any other persons or agencies deemed appropriate for review and recommendation on the proposal. The Public Hearing was opened at 8:03 P.M. There were no speakers. MOYLES/HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 8:04 P.M. Passed 5-0 HLAVA/MOYLES MOVED TO INTRODUCE AN ORDINANCE ADDING ARTICLE 16-66 TO CHAPTER 16 OF THE CITY CODE PERTAINING TO FLOOD DAMAGE PREVENTION, BY TITLE ONLY, WAMNG FURTHER READING. Passed 5-0. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Councilmember Anderson requested consideration of changing City Council regular meeting time to 7:30 P.M. HLAVA/PETERSON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE MUNICIPAL CODE TO CHANGE THE REGULAR · 7:3 P.M.ePa sed 5-0. Censensus waive MEE? ? OF THE IF the pub ic hearing usua y e for al an -. - Councilmember Clevenger reported on a recem HCD Meeting. She reviewed the schedule for the upcoming sister city visit to the City of Saratoga Councilmember Hlava reported on the Solid Waste Committee Meeting She reported on Transist Assist Councilmember Anderson reported on the TranSportation Commission Meeting Mayor Peterson reported on the IGC 'hnd Mayor ti Conference. He reported on the West Valley Managers and Mayors Meeting ADJOURNMENT: TO A CLOSED SESSION ON LITIGATION AND PERSONNEL MATTERS AT 8:30 P.M. AND THEN TO 7:30 P.M. ON OCTOBER 27, 1987, AT THE SARATOGA COMMUNITY CENTER, 19655 ALLENDALE AVE., SARATOGA. Respectfully submitted, t Recording Secretary -