HomeMy WebLinkAbout05-06-1987 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: May 6, 1987
PLACE: Ci-dc Theater, 13777 FrdiU,'~c Avcllu~, ~arr:~oga C.~
._TYPE: Reg-alar Meeting
1. ROLL CALL: Mayor Hlava, Councilmembers Anderson, Moyles, present at 7:05 P.M.
Absent: Councilmembers Clevenger, Peterson.
2. CEREMONIAL ITEMS:
A. Resolution 2422 Appointing Harold Clay to the Planning Commission.
MOYLESKtLAVA MOVED TO APPOINT MR. HAROLD CLAY TO THE PLANNING
COMMISSION. Passed 3-0.
B. Administration of the Oath of Office to Commissioner Clay
Mayor Hlava'administered the Oath of Office to Commissioner Clay and noted that the City
was appreciative of those who volunteered their time.
3. ROUTINE MATTERS
A. Approval of Minutes of Meetings of April 15, 1987 and April 21, 1987.
MOYLES/ANDERSON MOVED APPROVAL OF THE MINUTES OF THE MEETINGS: ,.OF
APRIL 15, 1987, AND APRIL 21, 1987, AS SUBMITFED. Passed 3-0.
B. Approval of Warrant List:
ANDERSON/MOYLES 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 meeting was prope~y posted on
May 1, 1987.
4. CONSENT CALENDAR - CLAIMS:
A. Claim presented by Kyle R. Hellar (car accident not on City street.)
B. Claim presented by Margaret M. Buffingham (fell on sidewalk)
C. Claim presented by Isabel MacKenzie (fell on sidewalk)
MOYLES/ANDERSON MOVED TO DENY CLAIMS PRESENTED. Passed 3-0.
4. CONSENT CALENDAR - OTHER ITEMS:
A: Planning Commission Actions, April 22, 1987, - Noted and filed.
B. Public Safety Commission Minutes, April 13, 1987, - Noted and fled.
C. Heritage Preservation Commission Actions, April 1, 1987, ~ Noted and filed.
D. Library Commission Actions, April 29, 1987, - Noted and filed.
MEETING OF TttE CITY COUNCIL Page 2
MAY 6, 1987
CONSENT CALENDAR - OTHER ITEMS Continued
E. Final Acceptance and Release of Improvement Security, SDR 1542, 12299 Saratoga-
Sunnyvale Road (Public Storage, developer) '~'
F. Constrt)C.tjon ~cr~eptal~ce an~:~R~J. ea~,e.,,pf.' BQ~d~,.:T~'.~..7798, Montpere (l. Chu.
G. Autho/i~ition-to Advertise "Concrete Repair - 1987 and 1988" at'various locations~'
H.,.Au.~hgrizayion for Association Planner to attend State Historic .Preservation
Conference, June 4-7, 1987, with' rea~Onable and necessary expenses.
I. Proclamation.on NatiOnal Historic Preservation Week.
J. Proclamation on .Nursing Home Week sponsored by Mayc~r H!ava
K. Acceptance and Acknowledgment of Donation to Hakone Gardens. (P. and S.
Kleinman)
L. AcceptanceandAclcnowledgmen~ofDonationtoHakoneGardens(G. Avery)
M.Authorize Advertising for Bids for R~construction of Canyon View Dr. (thick
overlay with fabric)
Mayor. Hlava :commented that letters sent to Mr. and Mrs. Kleinman and Mrs. Doyle
acknowledging a memorial gift in honor of Mr. Doyle were beautifully written by the City
Parks Supervisor; the Council will follow up with a brief acknowledgment letter. The Mayor
asked that in the t~ture, such letters come from the Council.
Councilmember Moylei requested ramoval of Item H..
MOYLES/ANDERSON MOVED APPROVAL OF CONSENT CALENDAR WITH
REMOVAL OF ITEM'H. Passed 3-0.
Councilmember Moyles asked that a member of the Heritage Preservation Commission also be
included in attendance at the State Historic Preservation Conference.
MOYLES/ANDERSON MOVED AUTHORIZATION FOR A MEMBER OF THE HISTORIC
PRESERVATION COMMISSION AND AN ASSOCIATE PLANNER TO ATTEND THE
STATE HISTORIC PRESERVATION CONFERENCE, JUNE 4-7, 1987, WITH
REASONABLE AND NECESSARY EXPENSES. Passed 3-0.
~ 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC:
A. Oral Communications from the Public and Commissions.
Col. E.T. Bearco noted that he had received many comments regarding the City Council
Meeting of April 15, 1987; among comments made were the following:
Citizens did not appreciate being timed when making presentations
': _. .-v They did not appreciate being "shouted at," the difficulty in heating the Council speak
( -. or that issues of concem to them were considered "non-issues"
He presented a copy of "Roben's Rules of Order"
B. Written Communications from the Public
1)Letter from Arts Council, 4 N. Second St., # 505, San Jose 95113, requesting
support for "Hands on the Arts" festival.
Mr. Hal Cropp, Arts Council of Santa Clara County, reviewed the fund raising efforts and
· - asked for a letter of support even if the Council was unable to financially support the festival.
~'.!!: Consensus reached that a letter of support would besent; no financial commitment made.
MEETING OF THE CITY COUNCIL Page 3
MAY 6, 1987
COMMUNICATIONS FROM THE COMMISSIONS AND THE PUBLIC Continued
2) Letter from Mayor of Rolling Hills Estates, 4045 Palos Verdes Di. North, Rolling
Hills Estates, 90274, requesting support for AB 1608.
Consensus reazhed :c se::d a !e~tcr i:7. s'-:'r-pc~ clAP, .~_597 +"
3) Letter ~'om Nell Westreich, 14z['40 Este~ee Dr, requesting continued City
ps. yment of certain be_nefits: · '
The City Manager reviewed current personnel policies and noted the unu~uai circhmstances in
Mr. Westreich's request, as noted in a letter of April 28, 1987.
· Mayor Hiava and Councilmember Moyles noted concern regarding a discussion of personnel
and/or legal matters; the City Attorney concurred and stated that this Item was placed on the
agenda to focus attention on the policy of extension of benefits. He reviewed current City
policy and noted that the personnel manual and state law had been reviewed; he suggested that
a personnel session would be a more appropriate setting for consideration of this request and
noted that mending the agreement with one employee by an action taken, may give other
employees the right to make similar requests.
Mr. Neil Westreich stated that his letter addressed his concerns and added that work related
injuries received benefits similar to a maternity leave. He noted that he could not chm~ge to a
lower cost policy until September of this year and asked for consideration by the Council.
Consensus reached to be provided with additional information from Staff regarding this policy
and to discuss this Item in litigation/personnel session; claimant to be informed of decision.
4) Letters from Ann K. Bond, 15440 Via Colinn, objecting to leaf blowers.
Consensus reached to note, acknowledge and file; Ms. Bond will be informed that her
concerns would be incorporated in the Noise Element Policy considerations.
5) Letter from Marilyn Kanemura, Library Commission Chair, suggesting
installation of pay telephone.
Consensus reached that this letter be referred to Public Safety Commission and City Engineer
for a report to be submitted to the City Council regarding a possible City-wide implementation
of this request. The City Manager will communicate this information to Ms. Kanemura.
6. OLD BUSINESS - None.
7. NEW BUSINESS
A. Building Services Agreement - City of Monte Sereno
The City Manager called attention to the Memorandum of April 29, 1987, and stated that he had
received a phone call from the Acting City Manager of Monte Sereno asking that this Item be.
continued to the Meeting of May 20, 1987. He added that the issue under consideration was a .
contractual agreement between the two cities and noted the annual status of contract renewal.
Mayor Hlava favored an exchange of information and cited the position of Saratoga with regard
to the difficulty of obtaining information from the County of Santa Clara; she did not wish such
a situation to exist between neighboring cities. Councilmembers Moyles and Anderson
concurred. Consensus reached to continue this Item .to the Meeting of May 20, 1987.
B. Hazardous Structure Mitigation Program - SB 547 (Chapter 250, Statutes of 1986)
The City Manager stated that this Item was presented for the information of the Council only.
MEETING OF TffE CITY COUNCIL Page 4
MAY 6, 1987
NEW BUSINESS Continued
C. Resolution 2423 Setting New Rubbish Collection Rates effective July 1, 1987.
The City Manager reviewed the Report of May 6, 1987, and called attention to the changes
~, ,~ recommended: :Mayor-Eh~va ,noted that is re~-~ing on~he. S elid x.,~as~e,Cem.mittee actions to
· . adj acent2cities, the. rex~e strong feelings in theisT)of Los Gatos that:
. ~. :Unlimited collection' service provided by Saratoga ~vould: not encourage recycling
':'Ra~es charged~Were subgidizing the increased generation of garbage
. CbunCilmember Moyles challenged theassumption that the rate of disposal had anything to do
. with Consumption;' he was supportive of the proposed resolution.
'MOYLES/HLAVA MOVED APPROVAL OFRESOLUTION 2423-MODIFYING RATES
FOR:REFUSE COLLECTIONSERVICES, Passed 3-0.
. ,D. ;Proposed Policy on Conflicroflntemst .:': ' . -'. : .
The City Manager noted Councilmember Peterson's comments On the proposed~ policy and
suggested consideration of a 'continuance of this Item to May 20, 1987, Councilmember
Moyles concurred and noted the appropriateness of having a full Council in attendance when
this Item was heard. He asked for further clarification of the term "direct economic benefit."
Consensus reached to continue this Item to May 20, 1987..
8. PUBLIC HEARINGS
A. Proposed Nuisance Abatement by City of Saratoga on Property at 13675 Quito Road.
The City Attorney reviewed the status of this Item and noted that the Council had already
determined that a nuisance existed; procedures~had been initiated for abatement of a nuisance.
The Public Hearing was to hear any objections the property owner may have to the proposed
action. The City Attomey's office had already on file misdemeanor complaints and separate
criminal proceedings were pending.
The Public Hearing was opened at 8:04 P.M.
Mr. Gary Horn, 18514 Aspesi Dr., Saratoga, noted dissatisfaction that the City delayed action
on this matter for a year. He presented photographs and stated that there was a gaping hole in
wall of this home, excessive debris in the back yard, an illegal structure; in addition, debris
was breeding rodents which were now infesting his yard.
MrZ Elgin Hart, 13685 Quito Rd., Saratoga, stated that the property in question had always
smelled of garbage which was left for months at a time; he noted the health hazard of flies. He
~ ' had written two notes to Mr. Smith in this regard and asked the Council to initiate action.
Mr. David Smith, Property Owner, stated that the City had not sent him a letter and asked
whether the City had proof of service. Consensus of the Council that Staff or Councilmembers
would not dialol;ue with the speaker; Mr. Smith was invited to make a statement if he so
wished.
Mr. Smith stated that he felt his constitutional rights were being violated in that after filing a
".. criminal complaint, a Public Hearing was being held; he stated that he would not incriminate
himserf. The City Attorney noted that the purpose of the hearing was for the speaker to raise
any objections to the proposed action by the City. He added that there was nothing unusual,
uncommon or illegal about civil proceedings being conducted in tandem with criminal
proceedings and noted that the speaker could retain couns~lto advise him on his status at the
Hearing. Mr. Snfith restated that he never received notice and suggested that it be investigated.
ANDERSON, rMOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 8:14 P.M.
Passed 3-0. .
MEETING OF THE CITY COUNCIL Page 5
MAY 6, 1987
PUBLIC HEARINGS Continued
Councilmember Moyles stated that the substance of the accusations were dealt with earlier; the
Council concurred and subscribed to them by previous actions. He stated that he had heard
nothing at this Hearing to cause him to alter previous judgment and suggested consideration of
advantages to be secured for the City and adjacent neighbors through affirmative action which
_ would accelerate compliance. He favored an aggressive and prompt abatement by City
officials.
Councilmember Anderson had made a site visit and concurred with comments made above.
Mayor Hlava noted that Mr. Smith had contacted her at home regarding his concern of whether
his fights have been violated by the City; however, he did not seem concerned regarding the
potential violation of his neighbor's rights. She felt that such a situation as presented here was
a breakdown in a sense of community and concurred with the recommended actions to insure
that others did not feel that they could abuse their neighbors and/or the community.
HLAVA/ANDERSON MOVED TO AUTHORIZE THE CITY MANAGER TO ABATE
NUISANCE ON PROPERTY AT 13675 QUITO RD., PURSUANT TO CITY CODE
SECTION 3-15.080 ET SEQ. Passed 3-0.
9. CITY COUNCIL ITEMS:
A. Reports from Individual Councilmembers
Mayor Hlava - Support for SB 1029 (Morgan) concerning public transportation services.
HLAVA/ANDERSON MOVED TO SEND A LETTER OF SUPPORT FOR SB 1029 TO
STATE SENATOR MORGAN AND ASSEMBLYMAN QUACKENBUSH. Passed 3-0.
Councilmember Anderson reported on the Board of Relator's Breakfast Meeting.
She reported on the Transportation Commission Meeting.
ADJOURNMENT: TO A CLOSED SESSION AT 8:31 P.M. TO DISCUSS PER-
SONNEL MATTERS REGARDING NEIL WESTREICH, AND-THEN TO 7':G0 P.M.
ON TUESDAY, MAY ]2,1987, AT THE SARATOGA COMMUNITY CENTER, 19655
ALLENDALE AVE.,SARATOGA.
Respectfully submitted,
Carol A. Probst-CaugHey
Recording Secretary