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HomeMy WebLinkAbout02-18-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: February 18, 1987 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Councilmembers Clevenger, Anderson, Moyles, Peterson present at 7:05 P.M. Mayor Hlava absent. 2. CEREMONIAL ITEMS: A. Resolution 2403 Commending Marion Card as Citizen of the Year CLEVENGER/MOYLES MOVED APPROVAL OF RESOLUTION 2403 COMMENDING MARION CARD AS CITIZEN OF THE YEAR. Passed 4-0. l~yor 'Pr:o Tera i~qderson'read into the record the Resolution honoring Mrs. Card; Mrs. Marion Card expressed her appreciation to the City Council for the honor bestowed. 3. ROUTINE MATTERS A. Approval of Minutes of the Meeting of February 4, 1987. MOYLES/PETERSON MOVED APPROVAL OF THE MINUTES OF THE MEETING OF FEBRUARY 4, 1987, AS SUBMITFED. Passed 4-0. B. Approval of Warrant List MOYLES/PETERSON MOVED APPROVAL OF THE WARRANT LIST AS SUBMITtED. Passed 4-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Cede 54954,2, the agenda for this meeting was properly posted on February 13, 1987. 4. CONSENT CALENDAR - OTHER ITEMS: A. Planning Commission Actions, Febmax-J 11, 1987, - Noted and filed. B. Heritage Preservation Commission Actions, January 21, 1987, - Noted and fried. C. Authodzation for Planning Commissioners and Staff to Attend Planning Commissioners Institute with Reasonable and Necessary Expenses D. Proposal to Prohibit Dogs in City Parks and Authorization for City Attorney to Prepare Proposed Ordinance and Set for Hearing on March 18, 1987. E. Request for Waiver of Hakone Gardens Rental Fees for Fund Raiser - Delta kappa Gamma. F. Resolution 2404 Authorizing Desauction of Obsolete Records G. Extension of Traffic Signal Maintenance Agreement through June 30, 1988, with 5% rate adjustment effective July 1, 1987. H. Final Map Approval, Tr. 7928, Miljevich Dr., 11 lots (D. Coffey, developer) MEETING OF THE CITY COUNCIL Page 2 FEBRUARY 18, 1987 ~ CONSENT CALENDAR Continued I. Acceptance and Acknowledgment of Donation to Halcone Gardens (Waters) ResOlution 2383.1 amending Fee Schedule as to Encroachment Permits K. Construction Acceptance, SDR 1486, Ashley Way (D. Coffey, developer) L. Ordinance 71.20 amending the Zoning Ordinance to add Art. 15-29 pertaining to fences, walls and hedges: to consolidate the various regulations into one section of the Code; and to add requirements for fencing along scenic highway to allow a minimum 15 ft. setback with appropriate landscaping (AZO 86 006) (second reading and adoption) M. Summary of Public Safety Commission Retreat - Noted and fried. N..Report from Library Commission on Library Utilization, Videotape Circulation, and Contributions - Noted and filed. O. Approval of CASA Fun Run, May 31, 1987 P.Authorization for City Engineer to attend Public Works Officers Institute in Monterey, March 3-25, 1987. Councilmember Clevenger requested the removal of Items D. and E. from Consent Calendar. Mr. Bert Manel, Saratoga, questioned Item F. of Consent Calendar; the City Attorney stated he did not know whether the correspondence in question was included in the proposed destruction of obsolete records. He stated that even if included in the records to be destroyed, copies of this correspondence existed elsewhere; he clarified government codes relevant to destruction of obsolete records and the Freedom of Information Act. CLEVENGER/MOYLES MOVED ADOPTION OF CONSENT CALENDAR WITH THE REMOVAL OF ITEM D. AND ITEM E. Passed 4-0. Councilmember C. levenger noted that she received a letter and several phone calls on Item D. and asked that citizens who wished to speak to this issue to offer constructive solutions. Councilmember Anderson noted she also received phone calls regarding this Item and asked the Community Services Officer to prepare a report addressing the question of why there have been no citations issued and to demonstrate any difficulties encountered in Cede enforcement. CLEVENGER/MOYLES MOVED ADOPTION OF CONSENT CALENDAR ITEM D. Passed 4-0. Councilmember Clevenger stated that with regard to Item E. she had spoken to Ms. Takeda and felt that this Item merited discussion by the Council. In response to Councilmember Moyles' question, the City Manager reviewed the policy adopted by the Council on waiver of fees at community centers. Ms. Karen Hendrickson, Treasurer, Delta Kappa Gamma, reviewed the purpose of the event. Mr. Dan Trinidad, Director of Maintenance, answered questions addressed by the Council regarding fee schexlule, staffing of this event and use of the Gardens by other organizations during regular hours of operation. Councilmember Moyles stated that neither the amount charged nor the worthiness of a cause. was !the issue; rather, a policy review was required. Any change in policy to accommodate this petitioner would invite other requests; a policy has no purpose if not adhered to. He noted the fairness of the cuxrent policy and stated that the City must recover some of the costs incurred. Councilmember Clevenger stated that it had been unclear to her what the policy was. CLEVENGER/ANDERSON MOVED THAT STAFF RECOMMENDATION TO DENY THIS REQUEST BE ADOPTED. Passed 4-0. Councilmember Moyles asked that the HiStorical Society receive an Index of Documents before the Destruction of Obsolete Records was completed in order to preserve any necessary records. MEETING OF THE CITY COUNCIL Page 3 FEBRUARY 18, 1987 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions - None. B. Written Communications from the Public 1) Anne Crosley, 20152 Pierce Rd., Saratoga, supporting no-smoking ordinance - Noted and fried 2) Robert C. Pemberton, 2901 Moorpark Ave., San Jose, objecting to fee for annual inspection of Vineyards of Saratoga Clubhouse. CLEVENGER/ANDERSON MOVED TO ACCEPT STAFF RECOMMENDATION TO REPLY WITH AN EXPLANATION. Passed 4-0. 6. OLD BUSINESS A. Discussion of Request for Proposals Document Concerning City-Owned Property at the Corner of Cox Avenue and Saratoga-Sunnyvale Road Councilmembers commended the City Manager and the City Attorney on the Request for Proposals prepared. In response to Councilmember Peterson's question on II, C. (2), the City Attorney confamed that this was a Conditional Use Permit. The City Manager stated that other cities allow residential use in conditional use permits; this is a device used for Planned Residential Developrnents where common open space is provided. CLEVENGER/MOYLES MOVED TO APPROVE THE REOUEST FOR PROPOSALS SUBMITIED AND DIRECT THE CITY MANAGER TO ADVERTISE FOR PROPOSALS. Passed 4-0. 7. NEW BUSINESS A. Policy Developrnent Agenda The City Manager reviewed the proposed Policy Developrnent Agendm Councilmember Moyles asked that 4. of the Policy Development Agenda be deleted; consensus reached to delete this itern. Councilmember Clevenger favored the retention of Item 5; the City Manager suggested that this itern be combined with a discussion on the General Plan Elements. Consensus reached to separate into two parts Item 6; Councilmember Moyles noted that the policy to enhance historic preservation involved land use issues. Councilmember Anderson asked that Item 15 by retained due to public interest. Councilmember Peterson favored retaining Itern 21 for discussion with a deletion of discussion on expansion of current smoking regulations. Consensus reached to adopt the Policy Development Agenda with the deletion of Item 4., the separation of Item 6 into two parts and deletion of expansion of current smoking regulations in Item 21. 8. PUBLIC HEARINGS : A. Ordinance amending Article 6-10 of the City Code relating to alarm systems (first reading) The City Manager summarized the proposed Ordinance and noted two concerns that arose from the Ordinance as it presen~y existed: There has been no diminishment of incidents of false alarms · - There has been only a 45% rate of compliance in payment of fines levied. MEETING OF THE CITY COUNCIL Page 4 FEBRUARY 18, 1987 ~' PUBLIC HEARINGS Continued The City Manager stated that the amendment would modify the present Ordinance through the: -. Requirement that a permit be obtained for an alarm system Allowance for two false alarms per year without being charged a' fine; additional incidents would result in progressively increased fees per incident and corrective action is required. In response to Councilmember Clevenger's question, the City Manager stated that frees would be collected from individuals who repeatedly have false alarms and that a revocation of the permit for an alarm system would be initiated if fines were not paid. He noted the fairness of the proposed amendment and stated that the purpose was to reduce the incidents of false alarms, which was costly to the City and reduce the safety hazard to officers responding to false alarms. The Public Hearing was opened at 7:52 P.M. There were no speakers. PETERS ON/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:53 P.M. Passed 4-0. Councilmember Clevenger noted concem that the Ordinance was less effective than desired; she had reservations regarding the amount Staff time required, publication of information regarding the permit required and enforcement of the amended Ordinance. Councilmember Moyles question~t the allowance of several false alarms without penalty and noted that citizens might be unfavorable to a Penalty attached to not possessing the necessary permit Councilmember Peterson favored the proposed amendment and noted the fairness of implementing a City-wide policy. In response to comments made, the City Attomey reviewed the procedures for the levying of fines. Ms. Anne Made Burger stated that she Was addressing the Council as a private citizen rather than as Chairwoman of the Planning Commission; she noted the following considerations: Range of services provided by security companies; clients must provide the names of a "primary responsible" person as a back up in case the alarm is triggered. Installation of private security systems by individuals; when the alarm goes off neighbors will call the police department. Councilmember Moyles asked that at the second reading of the amendment to the Ordinance, it be a Public Headrig in order to hear any citizens who may wish to speak on this issue. CLEVENGER/ANDERSON MOVED TO INTRODUCE AN ORDINANCE AMENDING ARTICLE 6-10 OF THE CITY CODE RELATING TO ALARM SYSTEMS. Passed 4-0. B. Ordinance adding Article 10-05.055 relating to sales of public fights-of-way, amending Article 10-10 to regulate the activity of street vendors during the conduct of special events and repealing Urgency Ordinance 3E-23 (first reading) The City Attomey reviewed the history of this proposed Ordinance amendment and noted that it would prohibit the sale of goods on public streets or right-of-way with two exceptions. The Public Heating was opened at 8:14 P.M. There were no speakers. MOYLES/PETERSON MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. Passed 4-0. MOYLES/PETERSON MOVED TO INTRODUCE AN ORDINANCE ADDING SECTION 10-05.055 RELA'HNG TO SALES ON PUBLIC RIGHTS-OF-WAY, AMENDING SECTIONS 10-10.020, 10-10.030 AND 10-10.070 RELATING TO SPECIAL EVENT PERMITS AND REPEALING ORDINANCE NO. 3E-23. Passed 4-0. MEETING OF THE CITY COUNCIL Page 5 FEBRUARY 18, 1987 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers - Councilmember Moyles reported on the Traffic Authority Meeting of February 13, 1987. He asked for a discussion concerning the Madrone Cemetery District regulations. He noted concern regarding the current state of affairs regarding the Santa Clara County Board of Supervisors and the recent decision of the Honorable Spurgeon Avaldan. The City Manager reported on the County response to this situation. Councilmember Clevenger reported on Sanitation District 4. AD.IOURNMENT: CLEVENGER/ANDERSON MOVED TO ADJOURN TO A CLOSED SESSION ON PERSONNEL ISSUES AT 8:29 P.M. AND THEN TO FEBRUARY 24, 1987, 6:00 P.M. AT THE SARATOGA COMMUNITY CENTER, 19655 ALLENDALE AVE., SARATOGA. Passed 4-0. Respectfully submitted, Carol A. Probst-Caughey Recording Secreta~