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Home My WebLink About05-04-1988 City Council Minutes MINUTES ! SARATOGA CITY COUNCIL TIME: Wednesday, May 4, 1988 PLACE: Civic Theater, 13777 Fruitvale Avenue, S,aratoga CA TYPE: Regular Meeting 1. ROLL CALL: Vice Mayor Anderson, Councilmembers Clevenger, Hlava, present at 7:33 P.M. Mayor Peterson, Councilmember Moyles absent. · 2. CEREMONIAL ITEMS: A2 Proclamation on Sober Graduation Week presented to Mr. Glen Thomas of CASA ViCe Mayor Anderson noted with appreciation the contributions of Mr. Thomas and CASA; Mr. Glen Thomas, Chair, Community Against Substance Abuse, accepted the proclamation. 3L ROUTINE MATTERS A. Approval of Minutes: Meetings of April, 20, 1988 and April 26, 1988 HLAVA/ANDERSON MOVED APPROVAL 'OF MINUTES OF APRIL 20, 1988. Passed 3-0 HLAVA/CLEVENGER MOVED APPROVAL OF MINUTES OF APRIL 26, 1988. Passed 3-0 B. Approval of Warrant List: HLAVA/ANDERSON MOVED APPROVAL OF THE WARRANT LIST. Passed 3-0. C. Report of City Clerk 'on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this n~ceting was properly posted on April 29, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, April 27, 1988, - Noted and filed. B. Community CATV Access Board Meeting Minutes, March 15, 1988 and April 22, 1988, - Noted and filed. C. Heritage Preservation Commission Minutes, April 20, 1988, - Noted and f~ed~ D. Proclamation on Sober Graduation E. Proclamation for Historic Preservation Week F. Proclamation on Respect for Law Week G. Resolution 2479 Vacating Alley Adjacent to Prolira Property H. Construction Acceptance and Release of Bond, SDR 1616, Cox Avenue ( Developer, Prince of Peace Church) I. Resolution 2480 commending Richard Tyrrell for Service on Heritage Preservation Commission. J. Resolution 2481 commending Harold Clay for Service on Planning Commission K. Authorization for Attendance at State Historic Preservation Conference, Palo Alto, May 19-22, 1988, for five Heritage Commissioners and one Planner, with reasonable and necess::ry expenses MEETING OF THE CITY COUNCIL Page 2 MAY 4, 1988 . CONSENT C.AI;NDAR Continued L. Authorization for Advertising for Bids for Reconstruction and Ove~ay of Various City.'. Streets. M. Resolution MV- 176 Establishing Yield Intersection on Somerville Dr/Ct. at Terre,nce Dr Councilmember H/ava commented on the contributions of Mr. Harold Clay to-the Planning Commission and Mr. Richard Tyrrell of the Heritage Preservation Commission. HLAVA/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR. Passed 3-0. 4. CONSENT CALENDARIx-CLAIMS: A. Claim presented by Perkins concerning broken vase' HLAVA/CLEVENGER MOVED TO DENY CLAIM OF PERKINS AtqD R~ER ~O Crr'/~ FOR ADJUSTM]~qT. Passed 3-0. 5. COMMUNICATIONS .FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Col. E. T. Barco, 19101 Camino Barco, Saratoga, presented a prepared statement opposing any extension of the City utility users tax. B. Written Communications from the Public I) Terrence Towner; Los Gatos-Saratoga High Schobl District, 17421 Farley Rd., West, Los Gatos, 95030-3396, requesting funds for tennis court repair. Councilmember Hlava felt the request was reasonable; precedent had previously been set in contributing to the repair of the tennis courts and commented that citizens used these courts. Councilmember Clevenger noted that schools were considered open space and provided recre- ational activities for citizens; the public bene~ted more than the $16,000 haLrig requested. The City Manager suggested consideration of the possible ramifications of this request, namely, would the Council entertain similar requests from other schools? He Wished to consideF. a quid pro quo arrangement with the District for use of facilities. ConsenSus reached that Item to be placed on the agenda of the May 1.8, 1988, Meeting. 2) Mary Jane K. aras (no address), opposing interchanges on Hwy. 85 , Noted, acknowledged and filed. 6. OLD BUSINESS A. Proposed Language for Advisory Measure for Freeway Interchanges Corisensus reached to Continue Item to the May 180 1988, Meeting of the City Council. B. Letter from Transportation Commission concerning Commission Restmcturing : Vice Mayor Anderson updated the Council on the status of the Santa Clara Coun_ty Trans- portation Commission Bylaws, Committee Rules and Policies Report, rest draft; alternatives for restructuring the Board were discussed. Consensus reached on one vote per city, non-voting appointees and no Weighted votes. 7.'NEW BUSINESS A. Report on Publicity for Upcoming Hearings - Westbrook Appeal Ms. Ann Marie Burger, Planning Commissioner, confirmed that neighbors had testified at the Commission Hearing: '" HLA\fA/CLEL(~/~!~ 1VIO~,~ TO ADOPT iT/'.,:.~F R~i2~ig~END~T, ION~. 'Pa~sed 3-0. MEETING OF THE CITY COUNCIL Page MAY 4, 1988· NEW BUSINESS Continued Y B. Letter from Santa Clara County Transportation Agency 'COncerning BUs ROute Steady The City Manager reviewed the Report to M. ayor and City Council, April 26, 1988. HLAVA/CLEVENGER MOVED TO DIRECT STAFF TO PREPARE A SURVEY FOR "THE SARATOGAN" AND TO APPOINT VICE MAYOR ANDERSON TO WORK WITH STAFF Passed 3-0. Vice Mayor Anderson procealed to Public Hearings: 8. PUBLIC HEARINGS A. Ordinance amending the Subdivision Ordinance and the Zoning OrdinanCe With respect to modification of zoning standards through subdivision approval and use permits (AZO-88-002) (ftrst reading) Item Continued to July 6, 1988, Meeting. B. Ordinance amending various sections of the City Code concerning indemnification of the City and liability insurance (AZO-88-003) (first reading) The City Attorney reviewed the Report on Requirements for Liability Insurance and Indem- nification of the City of May 4, 1988; he agreed to research information on the cost of one day events as requested by Councilmember Clevenger. The City Manager stated that insurance costs were determined by the mount of deductible; he noted ABAG's efforts to establish a method for insuring one time public events. Hiring of consulting services raised the issue of professional errors and omissions coverage. The City Attorney stated that errors and omissions were not viewed in the Ordinance Amend- ment as a liability; examples were cited. He suggested language be added, "With respect to the rendering of professional services, the requirement of the City if any, for errors and omiss- ions coverage Will be determined or established in the contract Or "Request for Proposal." The Public Hearing was opened at 8:26 P.M. Mr. Paul Bowman, Adult Day Care Center, questioned Ordinance Amendment applications. HLAVA/CLEVENGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:29 P.M. Passed 3-0 CLEVENGER/HLAVA MOVED TO INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE CITY CODE PERTAINING TO INDEMNIFICATION OF THE CITY AND LIABILITY INSURANCE, WAIVING FURTHER READING. Passed 3-0. · C. Ordinance mending various provisions in Chapter 15 of the City Code concerning structure height, site coverage, fences, parking requirements, tree removal permits, and variance findings. (AZO-88-004) (fast reading) The City Attorney presented the Report on Miscellaneous Amendments to the Zoning Ordinance; he reviewed discussions at the Planning Commission level on Parking Regulations and noted that public testimony was received on Home Occupations in accessory structures. The Public Hearing was opened at 8:38 P.M. There were no speakers. HLAVA/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:38 P.M. Passed 3-0. Councilmember Hlava commended the Planning Commission for their efforts on this Item; Councilmember Clevenger concurred and noted the clarity achieved in the Zoning Ordinance. HLAVA/CLEVENGER MOVED TO INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING VARIOUS PROVISIONS IN CHAPTER 15 OF THE CITY CODE CONCERNING HEIGHT, SITE COVERAGE, FENCES, PARKING REQUIREMENTS, TREE REMOVAL PERMITS AND VARIANCES, WAIVING FURTHER READING AND ~i;~'~tz--~D APPP, OV.,'~!~ OF A NEGAT~V}~7. DEC~.~'LP, AT~ON. Passed 3-0 MEETING OF THE CITY COUNCIL Page 4 MAY 4, 1988 PUBLIC HEARINGS Continued D. Ordinance modifying passenger loading zone on Komina Avenue (fast reading) City Engineer Shook reviewed the Report of April 20, 1988, and answered questions. Vice Mayor Anderson raised concerns regarding the safety of the children exiting cars. The Public Hearing was opened at 8:46 P.M. There were no speakers. HLAVA/CLEVENGER MOVED TO CLOSE PUBLIC HEARINGS A 8:46 P.M. Passed 3-0. HLAVA/CLEVENGER MOVED TO ADOPT A RESOLUTION AMENDING RESOLU- TION MV-9-A AND TO INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING SUBSECTION 9-15.100 (D) OF THE CITY CODE RELATING TO PASSENGER LOADING ZONES, WAIVING FURTHER READING, AND APPROVING THE NEGATIVE DECLARATION. Passed 3-0. Vice Mayor Anderson returned to New Business: C. Acceptance of Resignation of Richard Tyrrell from Heritage Preservation Commission . and Authorization of Advertising for Vacancy HLAVA/CLEVENGER MOVED TO ACCEPT'THE RESIGNATION OF RICHARD TYRRELL FROM HERITAGE PRESERVATION COMMISSION AND AUTHORIZE STAFF TO ADVERTISE VACANCY. Passed 3-0. D. Ordinance regulating Massage Establishments (f~rst reading) CLEVENGER/HLAVA MOVED TO INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING SECTION 4.55.040 CONCERNING EXEMPTIONS FROM REGULATIONS OF MASSAGE ESTABLISHMENTS AND MASSAGISTS, WAIVING FURTHER READ- ING. Passed 3-0. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Counci]member H]ava updated the Council on the sol id Waste Subregional Plan Amendment · She asked for consideration of seliing a City station wagon to Para Transit - Councilmember Cleyenger referred Argonaut/Regan corner to Public Safety Comn3ission Vice Mayor Anderson commended Saratoga for regulations on impervious coverage; she noted the growing concerns regarding impervious coverage and runoff . B. Regional Leadership Forum, May 19-20, Stanfoavd University The Council. agreed to approve reasonable and necessary expenses for Vice Mayor Anderson to attend the forum. ananlmMas2z """ · The meeting of the City Council was adjourned at 9:07 P.M. to Sa~xrday, May 7, at 9:00 a.m. at the Inn at Saratoga. Respectfully subraitted, Carol A. Probst-Caughey Recording Secretary