HomeMy WebLinkAbout11-20-1985 City Council Minutes ~llg CI~'/OI~IL - -
TII~: We~Jnesday, Novem[~r 20, 1985 - 7:00 p.m.
~CE: Civic ~eater, 13777 ~uitvale Avenue
~: Regular ~eeting
~'x't~ OF ~ ~ - 5:~-7:~ p.m.
G-,,,,~ity ~ter ~ti~
hte~ for Plni~
A. ROLL CALl. - Councilmembers Callon, Fanelli, Hlava, Moyles and Mayor
Clevenger present at 7:10 p.m.
B. MINUTES - 11/7
CALLON/HLAVA MOVED TO APPROVE MINUTES AS SUIt~'I'I'~D. Passed 5-0.
Joan Hershkowitz, Co-Chairperson of Protect Our Environment, requested that Council
rescind Saratoga's freeway agreement with CalTrans in order to prevent the freeway
from being built.
Shelley Willjams, 18951 Brook Ridge Dr., requested that the Council not rescind the
agreement. He noted that CalTrans intended to negotiate new agreements with the
affected cities when the alternative had been detemined.
Russ Maynard asked when the early warning fire alarm system was to be considered.
Mayor Clevenger replied that it was the second public hearing.
There was consensus to take up the oral conmunications under New Business.
III. M CAI.F/qDAR
A. CONSENT CAIF]~IAR - CLAIMS
1. Consideration of Claim - Quirk
HLAVA/CLEVENGER MOVED TO DENY AS TO ALL CLAIMS NOT RELATING TO DEATH, PERSONAL
INJURY (INCLUDING EblOTIONAL DISTRESS) OR PERSONAL PROPERTY DAMAGE, WHICH MA'I'f~I<S ARE
NOT ACCEFI'E~ FOR CONSIDERATION BECAUSE THE CLAIM WAS NOT PRESENTED WITHIN 100 DAYS
OF THE DATE OF ACCRUAL OF THE CAUSE OF ACTION. Passed 5-0.
2. Consideration of Claim - Pope
HiAVA/CLEVENGER MOVED TO DENY CLAIM. Passed 5-0.
3. Consideration of Claim - Ford Mator Co. and Willi~n Jue
HLAVA/CLEVENGER MOVED TO DENY CLAIM. Passed 5-0.
B. CCHSENT CAIF~U3AR - ~ IT!I~
1. First 1985-86 Fiscal Year Quarterly Report
2. Investment Report -- Sept~,nher
3. Treasurer's Report - Sept~,nher
4. Adoption of Resolution 1011.2 (approved in concept 11/7/85)
5. Final Acceptmace for SIll 1473, 20860 Marion, E. 7~mmhetti
'2-n/20/85
6. ConstmJction Acceptance for' Tr. 7~82 (approved ~1/7 pend'ing relx,rt)
7. Resolt~:ion ~xHng Stephen H. Gooam~ of SD~+
RESOI2~rlON 2286 ......
8. ApproVal ef Warrant List
Councilmember Moyles removed Item I fran Consent Calendar B. '
MOYLES/HLAVA MOVED TO APPROVE CONSENT CALENDAR B WITH THE EXCEPTION OF ITEM 1.
Passed 5-0.
City Manager answered Councilmember Moyles' questions oR revenue shortfalls in the
Quarterly Report.
MDYLES/CLEVENGER MOVED TO APPROVE ITS4 1 ON CONSENT CALENDAR B. Passed 5-0.
IV. SCHEDHLFn MA'ri~RS
1. Development of City's O.,.,~nts on Draft Enviroia~ntal l~mpect Statement
City Manager explainE;d proposed letter containing City's comments and pointed out
various written communications received on the issue. Councilmembers discussed
letter and decided to add the following questions to the letter: p. 2 under Noise
Mitigation - (c) if .dirt excavated f.rom the depression is mounded up on a 40-50'
wide area; p. 4 under Transitway HOV IDcation - are other areas available in
the vicinity where tr.tnsit stations could be located rather than adjacent to
transitway; p. 4 under effects on local traffic - reword to include references
in attached l~tter to avoid need to a~tach letter. Other c~ts and questicI~s
to be added were as followS: CalTrans2 legal counsel opinion on need for freeway
agreement differed frcra other opinions! received; there may be error in TJKM
Report concerning traffic on FruitvaleI Avenue on p. 3 because of error in
traffic attributed to Glen Una; issues] raised by TJKM that should be added to
letter are requirement for more information on trips to parking lots and stations
~ and more information on effects of ramp metering on surface streets and freeway
operations; request s~ff to do a run to confirm figures on Saratoga Avenue and
Saratoqa-Sunnyvale Rd.. and to check old traffic charts to see if same relationF~hip
applied in previous y6ars; could median be reduced to reduce with of design;
what kind of project (~Duld be built that would still allow for 50' on each side;
is there a significant difference in noise and air pollution between U-shaped
retaining wall and sledding wall; why not have interchange at Pollard instead
of at Quito; if funding falls short what will be done; what impacts will non-
ccxnpietion of freeway have; discrepanCy between two tables in DEIS, one of which
says cost of vehicles is included in bus/HOV ccr~binations, while the other says
it is not; what happens to ridership ~umbers if light rail leep is not ccrnpleted
as proposed; what change would this ~k3ke in cost-effectiveness of light rail;
construction costs of light rail include only one section of corridor; what is
anticipated cost of entire loop and hoQ does additional cost affect cost per
rider estimates; provide layman' s exp ~n ti of light rail in section on light
t a on
rail system and under discussion of alternatives; need analysis of in~acts of
having park and ride lots, transit stat;ions and bus stops.
Mayor Clevenger noted that she had r eJived a large, unsigned doc~nent with
ec I
information and quest~Dns about the DEIS which she would su~rnit to the Ccmtnunity
DeveloFment Director so that he could add ccmanents gleaned frcm that doc~nent.
to the proposed letter.
Since the hour of 8:00 p.m. was at handl, Mayor Clevenger advanced to public hearings
on the agenda.
V. PUBLIC HEARINGS .'. - * '
A. Amendment to the Zoning Ordinance to include regulations for satellite dish
ent~'a~s (first reading) (continued free 10/2)
City Attorney answered Councilmembers'~ questions, noting that as yet no federal.law
3-11/20/85
had been passed which would pre-empt local law as to satellite dish antennas. The
public hearingwas opened at 8:22 p.m.
Tom Reddick, Larchmont Dr., inquired as to specific provisions of the ordinance with
reject to placing an antenna in his setback. The City Attorney answered his
questions in general terms. Mayor Clevenger noted that the public bearing was the
public's opportunity to state their preferences, rather than a time to take up
individual situations.
Don Jones, 18850 Ten Oaks Rd., spoke as a representative of the satellite dish
industry, encouraging the Council not to make the ordinance too restrictive; be felt '~
a 10' dish was sufficient for most people.
David McLaughlin, 12985 Ten Oaks Road, also a representative of the industry, agreed
that the ordinance should not be too restrictive.
Lori Hill, another representative of the industry, felt a 10' dish would permit all
American stations to be picked up.
Tom Reddick rose again to point out for the C0uncil's benefit that there were
obnoxious sights in Saratoga other than satellite dish antennas.
No one further appearing to speak, the public hearing was closed at 8:41 p.m.
After discussion, there was consensus to have the City Attorney re-write the
ordinance to define a satellite dish as being 3' or more in diameter; to
"grandfather i~' existing units; to allow them to be 6' in height plus one foot for
each foot of setback; to allow in any required yard, but to require administrative
review if installation is in a front yard, a roof, a yard facing a street, or
otherwise not in accordance with standards. Councilmember Callon expressed
reluctance to bring in regulation of a matter about which no complaints had been
received and whicb no Councilmember bad asked for. Mayor Clevenger recessed the
meeting from 9:03 to 9:20 p.m.
B. Early Warning Fire Alarm Syst~ (continued fr~n 10/2)
1. Amendment to Ch. 3 of theGeneral Plan, Seismic Safety and Safety
Element, to require installation of an Early Warning Fire Alarm
System to new residences over 5000 sq. ft., multi-family dwellings,
hotels, motels and such commercial structures as determinedby the
Fire Chief (first reading)
2. Amendments to the City Code adding Section 13.10 to the Subdivision
Ordinance, 14.14 to the Zoning Ordinance, and XIII to Cb. 3 of the
City Code relating to requirement for installation of an Early Warning
Fire Alarm System (first reading)
City Attorney explained proposed actions.The public hearing was openedat 9:24 p.m.
Russ Maynard, a representative of the fire alarm industry, supported the requirement
of fire alarm systems in homes and business establishments. He described the
problems of insurance and maintaining adequate monitoring and service if a system
automatically dials into an agency other than a private industry installation. He
also stated that there were private companies which were transitory in nature and
could not be depended upon for proper installation, so inspection by the Fire Chief
would be particularly helpful.
Mike Brock, a representative of Central Fire District, endorsed the Fire Services
Task Force recommendations.
Assistant Chief Dick Faxton of the Central Fire District stated that he objected to
the PlanningCommission's addition to the Task Force recommendations, which provided
for automatic dialing to the Saratoga Fire District in certain situations because
the Fire District system did not comply With Underwriters Laboratory standards, and
the fire cedes already require continuous monitoring, resulting in a duplication of
effort if the Planning Commission's recommendation were added.
Bob Egan spoke as a Fire Commissioner for the Saratoga Fire District. He expressed
concern for life safety, saying that the best way to provide cost-effective, quick
protection was by an automatic dialer to the Saratoga Fire District. In answer to
4-11/20/85
CouncilmemberCallon, he stated'that if a p~ivates~..ystem were moni.toring alarmS, the
dialer could dial any agency desired'
Ernie Kraule, Chief of the Saratog! Fire District, fav0~ed the automatic dialer.
system, saying it was effective and life-saving.
Tim Launs, a representative of the industry, stated that a private citizen may
obtain a system incapable of pinpointing fires; he felt pinpointing the location was
unnecessary as a practical matter. He believed builders would not install an early
warning system if it were not required.
David Clayton spoke as a supplier for alarm companies. He supported the ordinance
with the Planning Commission addition. He stated the~e were many problems with
monitoring a system which wOuld not]occur if the system tied into the fire district.
Brian Harbinson spoke as an industry~ representative. He felt the ordinance did not
consider customer needs because of !the automatic dialer requirement, which would
reduce the information which could!be transmitted. He also felt there would be
insurance problems with the dialer tied into the Saratoga Fire District. He stated
that his company charged $20 per month for 8 zones.
Chief Kraule added that homeowners are required to have a service contract for alarm
systems. He stated that the fire district did have liability insurance.
Mr. Clayton rose again to state that as the proposed ordinance reads, Zone 7 would
report trouble immediately rather than every 24 hours.
John Clifford, another representat.lye of the industry, favored the ordinance but
without monitoring by the fire distr.ict; he favored monitoring by a private central
station.
Russ Maynard rose again to state that zoning of alarms was necessary for efficient
trouble-shooting; in .very large homes it could be difficult to locate a smoldering
fire without it.
No one further appearing to speak, t~e public hearing was closed at 10:30 p.m.
Cot~cilmembers discussed issues. Councilmember Callon favored adding nothing to the
Fire Services Task Force recommendaeions. When the issue first arose, she said, it
applied to a particular area with a'] fire problem. She favored the recommendations
concerning such situations as multi-family and hotels but opposed adding something
which would increase costs for res!idents. She felt there should be a choice of
connecting to a public or a privat'e agency in the case of structures over 5,000
square feet. She also believed th~ extra cost for burglary protection under the
Saratoga Fire District system was excessive, considering that the private companies
can provide fire protection for only] slightly more than the basic rate for burglary
protection.
Councilmember Fanelli believed our ~basic ordinance had not had time to be tested.
She, too, did not want to add anything that had not been recommended by the Task
Force. She felt the industry rep~resentatives should work with Saratoga Fire
District to see if the monitoring problems could be w~rked out, and she recommended
they keep in touch with the Task For~e.
Councilmember Moyles believed the~alarm system to be worthwhile, although! it was
costly. He feared the Task Force report might not go far enough, and the automatic
system should perhaps be required in all new starts. Recommendation ~7 of the Task
Force concerning fire safety in older structures in the Village should, he, felt, be
agendized for further discussion and action in the future. He did not consider the
monitoring to be a real problem, since he felt the alarm companies did not do
anything the fire chiefs could not do. The priority should be to retain control of
that function with the fire district., he felt, to ensure compliance at installation
and in the future.
Councilmember Hlava was willing to ~ndorse most of the Task Force report and delete
the material added by the Planning ~ommission. She felt Recommendation ~7 of the
Task Force was not practical, as retrofit was too expensive. She expressed concern
over the increased cost of burglary protection under the Saratoga Fire District-
system. She was willing to endorse the ordinance without the Planning Conmission
re~t~mendation.
5-11/20/85
Mayor Clevenger summarized the consensus to adopt the Task Force report and delete
the Planning Commission addition.
FANEI.I.I/HLAVA M6VED TO APPROVE THE NEGATIVE DECLARATION. Passed 5-0.
FANELLI~HLAVA MOVED TO ADOPT RESOLUTION 2287 AMENDING THE SEISMIC SAFETY/SAFETY
EI,EMENT OF THE GENERAL PLAN, DF.I.ETING THE LAST SENTENCE IN POLICY 3.2. Passed 4-1
(Callon opposed).
FANELLI/HLAVA MOVED TO INTRODUCE THE ORDINANCE AMENDING THE BUILDING REGULATIONS,
SUBDIVISION REGULATIONS AND ZONING REGULATIONS TO IMPLEMENT THE SAFelY ELEMENT OF
THE GENERAL PLAN RELATING TO INSTALLATION OF EARLY WARNING FIRE ALARM SYSTEMS,
ELIMINATING SUBPARAGRAPH C IN SECTION 13.10 AND 14.14. Passed 4-1 (Callon opposed).
Councilmember Callon explained that she had~ opposed the resolution and ordinance
because they did not provide the choice she had mentioned earlier.
2. Reports from City Attorney and Community Services Director on
Comm~mity O~udsman Program
Councilmembers discussed the reports, and the majority agreed that the Ombudsman
program should not be established because it might lead to the 0mbudsman arbitrating
between staff and citizens, and it might eventually cost too much staff time.
Councilmember Fanelli and Mayor Clevenger felt the program should be tried because
it might save Community Services Officer time if properly administered.
HLAVA/CALLON MOVED NOT TO ESTABLISH OMBUDSMAN PROGRAM. Passed 3-2 (Clevenger,
Fanelli opposed).
3. Second Units in R-l-10,000 District
After discussion of the heavy upcoming schedule, there ~s consensus to continue to
March.
4. Report from Corninanity Development Director o~ Gatto Letter concerning
de~,~.~ation of parcel
There was consensus to continue to 12/4 at request of Mr. Gatto.
5. Report from C~,-w,,,~ity Development Director on Artberg Letter Request{np~
Waiver of Ar~ation Requirements.
After discussion, Councilmembers agreed that there was no reason to justify waiver
of requirements, which would have allowed development under less rigorous standards.
FANF].LI/HLAVA MDVED TO DENY REQUEST FOR WAIV~. Passed 5-0.
1. Report from Parks and Recreation Commission on Skinner Letter
co&lcern~ng Horseshoe Pits at E1 Quito Park
City Manager explained anomaly in ordinance concerning issuance of permits for
alcoholic beverages in park. There was consensus to accept the staff recommendation
for increased surveillance. Council requested that changes in Municipal Code
pertaining to this item be brought to their attention when the Code is considered.
2. Pl~,~ng O-,.,,~ssion A~ztio~s of 11/13/85 - Noted.
3. Planning Commission Recommendations on Village Beautification
Committee Letter concerning Plan for Paving and Other Elements in Village
Community Development Director explained the type of cobblestones involved and
stated that the developer would pay for the paving in front of the hotel.
Councilmember Moyles said he would speak to Mr. Bachtold about obtaining money from
CalTrans so crosswalks can be paved. Councilmember Fanelli favored the paving plan
if others would commit to fund it. City Manager stated that the question at this
point was establishing a standard paving material policy rather than determining
funding for it.
,- 6'-1-1/20/85
HIAVA/CLEVENGER MOVED TO APPROVE THE PAVING MA'f~IAL' PLAN AND. TREE-LIST PROPOSED BY
THE VILLAGE BEAUTIFI~TION COMMI'fI~ AND ASK THE PLANNING COMMISSION TO REFI~E THE
RECOMMENDATIONS FURTI~ZR SO THAT WE HAVE A DESIGN STANDARD FOR DOWNTOWN SARATOGA.
Passed 5-0.
4o Oral Retorts fra~ C~,i,,isSioners - None.
1. Resolutio~ Declaring We~ds Crowing on Certain Described Property to
be a Public Nuis~mce and iSetting Date for Public liearir~
MDYLES/HLAVA MOV~D TO ADOPT RESOLUTION :2288. Passed 5-0.
2. Resolut:ion Authorizing ~Partial Credit of Surplus Funds from the
Est~blisi~nt of Parking District ~
CALLON/FANEi.i,I MOVED TO ADOPT RESOLUTION 2289. Passed 5-0.
D, BIDS AND CC~IRACIS - None.
A. Discussion of Oral Cf ..... mications, if any.
Mayor Clevenger returned to the oral ~ommunications from Ms. Hershkowitz and Mr.
Willjams. Councilmember Fanelli felt the Council should wait until Saratoga's
public hearings were! finished before discussing rescission of the freeway
agreement. City Attorney noted that Ron Lemmon of CalTrans had said it was
necessary to re-negotiate the freeway agreements in any case. He felt if the
Council took formal action to rescind the agreement, it might imply that Saratoga
,~was bound by it in the first place. After further discussion, there was consensus
to have the minutes reflect that the ~Council concurs with CalTrans that the old
freeway agreement is no longer currently operative, and to send Ms. Hershkowitz a
copy of those, minutes. There was also ~consensus to hold the January 7 meeting as a
ngticed public hearing on Route 85.
B. Written C~u~micatio~s fron the Public
1. Letter f~m John Mercer c~ncerning US Conference of Nayors - COnsensus
not to join organization. ]
· w~-tz
2. Letter f~rom Terry Rabxno ~l concerning Saratoga parks - Consensus to
send res[~nse saying parks~ would be considered at budget time.
.i
3. Multiple letters concerning Route 85 - Noted.
a. Richard M. Walker encouraging light rail.
b. Mr. and Mrs. L.F. Dun~on opposing freeway.
c. John B. COrwin opposing freeway.
d. Brookview Homeowner~ Association opposing freeway and imposing
conditions if built. I
e. W. Chao opposing freeWay,
f. Mr. and Mrs. A. J. Redrigues opposing offramps in Saratoga.
g. Dennis R, Johnson opp6sing freeway and imposing conditions if built·
h. 5 form letters (one ~eproduced) opposing freeway and imposing
conditions if built. ] ·
i. 4 form letters (one reproduced) opposing freeway and imposing
conditions if built.
C. New Business l~Dm Staff, Administrative Reports not Scheduled
City Manager brought up question 6f reim~bursement for travel expenses for applicants
for City positions. Councilmember Fanelli favored leaving the decision up to the
discretion of the City Manager.
CALLON/HLAVA MOVED TO ALIJDC~TE $1000 FOR THE PLANNING DIRECIOR CANDIDATES AND $~[000
FOR THE FINANCE DI~R CANDIDATES. P~ssed 4-1 (Fanelli opposed).
7-11/20/85
City Manager reported that the preliminary report on emergency communications bad
been received fr~ Cupertino.
C{'~ Manager then reported that a notice of non-renewal had been received from the
City's liability carrier and explained staff efforts to find al.ternatives.
Councilmembers Moyles and Fanelli requested that staff determine possibility of
exposure to Council and staff if no insurance can be obtained.
D. New Business from Co~mcilmembers
HLAVA/MOYLES MOVED TO APPOI~rf SUSA~ GUCH TO THE PLANNING COI~iISSION AND POLLY HIlLIS
TO T~E FINANCE ADVISORY COI~I'I'f~E. Passed 5-0.
CALLON/MOYLES MOVED TO REAPPOII~f DAVID DECARION TO THE FIi~A~CE ADVISORY
Passed 5-0.
Councilmember C~llon expressed appreciation for the good operation of the microphone
system. She also noted that the City Manager had been named City Manager of the
Year by the Assistant City Managers of Southern California.
Councilmember Fanelli suggested that the school districts be contacted to send
representatives so that school site issues could be discussed by a task force.
There was consensus to do so.
Mayor Clevenger noted that the Mayor of Sunnyvale had requested a chan~e in the name
of the street variously known as De Anza Boulevard, Saratoga-Sunnyvale Road, and
Sunnyvale Saratoga Road. There was consensus not to chan~e the name.
Hayor Clevenger reported that Los Gatos had requested a joint meeting on the Route
85 issue. After discussion of schedulir~, there was consensus for Mayor Clevenger
to work out the scheduling with the City Manager and a representative from Los
Gatos.
Mayor Clevenger noted that there two terms expiring on the Public Safety Commission.
After discussion, there was consensus to advertise the vacancies but not
necessarily to go through the full interview process.
E. Action Referral Lo~ - No cannents.
The meeting was adjourned at 12:10 p.m.
Respectfully suhnitted,
Grace E. Gory
Deputy City Clerk