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Home My WebLink About07-02-1997 City Council Minutes MINUTES SAI!~TOGA CITY COUNCIL TIME: Wednesday, July 2, 1997 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - 6:30 in Administration Conference Room, 13777 Frultvale Avenue CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION PUrsuant to Government Code Section 54956.9 (a) Name of Cases: Green Valley Disposal/Guadalupe Landfill vs. City of Saratoga 7:30 Pledge of Allegiance The pledge was led by Don Miller, in character as Uncle Sam. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Shaw, Wolfe and Mayor Moran were present at 7:30. Also present were Interim City Manager Larry Perlin, Finance Director Thomas Fil, Community Development Manager Walgren, and Deputy City Clerk Cory. 2. CEREMONiAL ITEMS A. Acceptance by Finance Director of Certificate of Achievement for Excellence in Financial Reporting from Government Finance Officers AssoCiation - Accepted by Finance Director Thomas Fil. B. Proclamation on Saratoga Hometown Fourth Celebration - Approved by consensus and accepted by Marilyn White, Don Miller, Marlene Duffin, Willys Peck, and Jack Mallory. C. Proclnmation commending Francine Bion for Service on KSAR Board - JACOBS/BOGOSIAN MOVED TO APPROVE. Passed 5-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 27. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNiCATiONS Fran Franklin, 15177 Park Dr., expressed objections to illegal extension of neighbor's fence and lack of City response to her complaints. Consensus to direct City Manager to report on progress at July 16 meeting. B. COMMUNICATIONS FROM COMMISSION8 - None. C. WRITTEN COMMUNICATIONS - None-. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution denying Jensen Appeal of Kazemzadeh Project JACOBS/WOLFE MOVED TO ADOPT RESOLUTION 97-30. Passed 5-0. B. New Items 1) Planning Commission Actions, 6/25 - Note and file. 2) Public Safety Commission Minutes, 5/12 - Note and file. Removed by Councilmember Bogosian, who requested information on speed bump policy to be circulated to Council. BOGOSIAN/WOLFE MOVED TO NOTE AND FILE MINUTES. Passed 5-0. City Council Minutes 2 July 2, 1997 3) Memo Authorizing Publicity for Upcoming Hearings - No hearings scheduled for July 16. 4) Approval of Check Register 5) Approval of Appointment of Betty Feldheym to HCD Citizens Advisory Committee 6) Resolution HV-228 designating (in Section 1) stop intersections (Bainter/Austin~ Lancaster/Austin) and (in Section 2) 'No Stopping Zone- (Shadow Mountain Dr.) Removed by Interim City Manager Perlin, who requested deletion of Section 2. WOLFE/BOGOSIANMOVED TO APPROVE RESOLUTION MV-228 WITH THE DELETION OF SECTION 2. Passed 5-0. 7) Approval of contract/~Jnendment for MedianLandscaping Maintenance Services with DMS Horticultural Services in the amount of $11#988 WOLFE/JACOBS MOVED APPROVAL OF CONSENT CALENDAR B. WITH EXCEPTION OF ITEMS 2 AND 6. Passed 5-0. C. CLAIMS AGAINST THE CITY 1) Claim of Ngnyen in connection with automobile accident in West Valley College parking lot BOGOSIAN/JACOBS MOVED TO REJECT CLAIM. Passed 5-0. Since the hour set for public hearings had not yet arrived, Mayor Moran proceeded to Item 8. 8. NEW BUSINESS A. Renewal of Household Hazardous Waste Collection Agreement with Santa clara County for FY 1997-9s WOLFE/JACOBS MOVED TO APPROVE THE AGREEMENT. Passed 5-0. B. Ordinance revising speed limit for Saratoga Avenue between Cox Ave. and Lawrence EXpressway from 45 to 40 mph WOLFE/JACOBS MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. Mayor Moran then proceeded to Item 10.A.(1). 10. CITY COUNCILiTEMS A. Upcoming Meetings: 1) Agenda items for next adjourned regular meeting July 8 (Note: Community Meeting requesting public input concerning City Manager recruitment is scheduled for 7:00 p.m.) Mayor Moran noted the Community Meeting and invited all those interested to attend. Consensus to cancel July 8 adjourned meeting. 2) Town Hall Heeting scheduled for July 12 Consensus to cancel meeting, since July 8 Community Meeting would serve as Town Hall Meeting. 9. ROUTINE MATTERS a. Approval of Minutes - 6/15 There was consensus to approve the minutes as submitted. Mayor Moran then proceeded to'Item 10.B. 10. CITY COUNCIL ITEMS (continued) Cit~ Council Minutes 3 Jul~ 2f 1997 B. Othor Councilmember Bogosian suggested that Floyd Steinberg's note concerning a traffic safety sign be referred to the Public Safety Commission. There was consensus to do so. 6. PUBLIC HEARINGS A. City Council Review of Design Review approval to construct a 1,082 sq. ft., one and two-stor~ addition to an existing 1,830 sq. ft. one stor~ home on a 9,750 sq. ft. lot. The site is located at 12181 Mellowood Dr. in an R-1-10,000 zoning district (Applicant, Metzler)(DR97-008) Interim City Manager Perlin introduced the item and listed correspondence received. Community Development Manager Walgren reviewed the staff report. Mayor Moran opened the public hearing at 8:10 p.m. John Metzler, the applicant, supported the project. Sandy Johnson, 12200 Mellowood Dr. opposed the project, as did Leonard Siemek, 12191 Mellowood Dr. Paul Finnigan, 12308 Titus Ave., supported the project. Betty Jo Stewart, 12517 Palmtag Dr., opposed the project. Marvin Becker, 12120 Mellowood Dr., supported the project, as did Frans Roosen, 12240 Mellowood Dr. Cheriel Jensen, 13737 Quito Rd., opposed the project, as did Harriet MacIntyre, 12462 Woodside Dr. Stan Queen, 12151 Mellowood Dr., supported the project. Eugene Craig, 12132 Titus Ave., opposed the project. Hans Muller, 12160 Mellowood Dr., supported the project. Mr. Metzler then spoke in rebuttal. No one further appearing to speak, the public hearing was closed at 8:45 p.m. Councilmembers discussed the various issues involved. WOLFE/JACOBS MOVED TO UPHOLD THE PLANNING COMMISSION APPROVAL. Passed 3-2 (Bogosian, Shaw opposed). Mayor Moran then recessed the meeting from 9:25 to 9:35 p.m. Upon reconvening, the same Councilmembers were present. B. Establishment of 1997-8 residential, commercial and industrlal garbage rates (continued from 6/18) Mayor Moran explained that the Council had approved a settlement agreement with Green Valley Disposal Co. and Guadalupe Rubbish Disposal Co. during the closed session and that a 5% across the board rate adjustment was recommended because of additional services mandated by State and federal agencies. Mayor Moran opened the public hearing at 9:40 p.m. Since no one appeared to speak, the hearing was closed immediately. WOLFE/BOGOSIAN MOVED TO APPROVE RESOLUTION 97-31 ADJUSTING GARBAGE RATES. Passed 5-0. WOLFE/JACOBS MOVED TO APPROVE THE REFUSE COLLECTION AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY. Passed 5-0. WOLFE/JACOBS MOVED TO APPROVE THE WASTE DISPOSAL AGREEMENT WITH GUADALUPE RUBBISH DISPOSAL COMPANY. Passed 5-0. C. Resolution approving First Amendment to the County of Santa City Council Minutes 4 July 2, 1997 Clara County-wide Non-Disposal Facility Element BOGOSIAN/WOLFE MOVED TO ADOPT RESOLUTION 97-32. Passed 5-0. D. Public meeting on lev~of Landscaping and Lighting Assessment District (LLA~I) assessments for 1997-98 for Zones 3 & 6 (No council action required.) Allen Roten, 19812 Veronica Dr., supported the proposed assessment for Zone 3 · RiChard Dennis, 20835 Russell Ave., asked about the assessment for Zone 6, and Interim City Manager Perlin explained why there was a zero assessment last year and a higher assessment proposed for the new year. 4. a. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 7. OLD BUSINESS - None. 11. ADJOURNMENT The meeting was adjourned at 10:08 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk