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HomeMy WebLinkAbout07-15-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL i TIME: July 15, 1987 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Hlava, Moyles ' present at 7:03 P.M. 2. CEREMONIAL ITEMS: - None 3. ROUTINE MATTERS A. Approval of Minutes: Meetings of July 1 st and July 7th, 1987. Councilmember Moyles asked that on Minutes of July 1, 1987, Page 4, first paragraph, add, ".. cite any abandoned vehicles parked on lawns." ANDERSON/MOYLES MOVED APPROVAL OF MINUTES OF JULY 1, 1987, AS AMENDED. Passed 5-0. ' HLAVA/CLEVENGER MOVED APPROVAL OF MINUTES OF JULY 7, 1987, AS SUBMITYED. Passed 5-0. i B. Approval of Warrant List: CLEVENGER/HLAVA MOVED APPROVAL OF THE WARRANT LIST. Passed 5-0. C. Report of City Clerk on Posting of Agenda .. Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 10, 1987. 4. CONSENT CALENDAR - OTHER ITEMS: A. Planning Commission Actions, July 8, 1987, - Noted and filed. B. Heritage Preservation Commission Actions, June 3, 1987, - Noted and filed. C. Final Map Approval for SD 86-009, Saratoga-Sunnyvale Rd., (Woolworth Construction, Developer) (3 Lots) D. Final Acceptance for Tract 7382, Ten Acres (C. Szlendak, Developer) E. Approval of Planning Conference Attendance, San Diego, August 19-21, 1987, with reasonable and necessary expenses. HLAVA/CLEVENGER MOVED APPROVAL OF THE CONSENT CALENDAR. Passed 5-0 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. Bert Martel' cited a recent letter addressing concems about vicious dogs and noted that the letter had not been included in Written Communications of the Council agenda. He reiterated his grave safety concems regarding these dogs and reviewed previous requests for action by Community Service Officers. MEETING OF TIlE CITY COUNCIL Page 2 JULY 15, 1987 ,. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC Continued Mr. Thomas l(eddick 1239 Larchmont Ave., Saratoga, addressed the following issues: The two minute allotted time was inadequate for citizens to address the Council Reviewed training and care of dogs in response to the above comments, adding that there continued to be violations of owners who allowed their pets to mn loose in Kevin Moran Park and Blue Hills School. Potenti~d violations of radio operators, interfering with the TV reception of others Mr. David S~rAth requested information on the submission of written communications to be placed o13 the Council agenda; he was invited to make a statement if he so wished. He presented a document, dated July 15, 1987, for review by the Council. B. Written Communications from the Public 1) E. Royd Kvamme, objecting to provisions'of False Alarm Ordinance The City Manager reviewed the concerns expressed by Mr. Kvamme and noted his July 8, 1987, letter of reply. Mr. Reddick, asked to be recognized and suggested that an owner of an alarm system directly connected to the se:curity company and/or the Sheriffs De'pt. should 'notbepenalizedifthe system sounded and possibly scared off a burglar. Consensus reached to receive, file and acknowledge with a letter of reply to Mr. Kvamme from the City Manager 6. OLD BUSINESS A. Ordinanceamending Sections 15-80.020 and 15-80.080 of the City Code pertaining to radio and television antennas (first reading) The City Attomey presented the Memorandum of June 30, 1987, and noted that the proposed Ordinance amendment had been reviewed and public hearings held by the Planning Commission. He described changes in setback requirements and the addition of provisions allowing greater height of antennas and multiple antennas if certain conditions were met. HLAVA/ANDERSON MOVED TO GRANT A NEGATIVE DECLARATION. Passed 5-0. HLAVA/ANDERSON MOVED TO INTRODUCE AN ORDINANCE AMENDING SECTIONS 15-80,020 AND 15-80.080 OF THE CITY CODE PERTAINING TO RADIO AND TELEVISION ANTENNAS AND REPEALING ORDINANCES 3E-21 AND 3E-22. Passed 5-0. Mayor Peterson and Councilmember Hlava noted the benefits of having this Ordinance amendment reviewexl and heard by the Planning Commission. Councilmember Moyles noted that the Ordinance was more liberal than he originally intended; the end result being that antennas would be higher and more likely to proliferate than anticipated. Councilmember Clevenger concurred and questioned potential visual ,impacts and interference of TV reception. Councilmember Anderson questioned whether input received -" ~ had come only from radio operators and not from the general public; the City Attorney noted ' ' that additional noticing had been given and stated that testimony received indicated that the proposed Ordinance: was too restrictive. Mayor Peterson was satisfied that hearings held by the Planning Commission had considered the Item fully; Councilmember Hlava concurred. Councilmember Moyles stated that he favored introducing the Ordinance and would consider the introduction of amendments to the proposed Ordinance:. MEETING OF ~'HE CITY COUNCIL Page JULY 15, 1987 OLD BUSINESS Continued B. Resolution 2434 Making Council Appointments to Agencies Mayor Peterson noted that in the past, representation on the Sanitation District 4, Board of Directors, was the Mayor's prerogative and suggested that this policy remain. He stated that he had asked Councilmember Clevenger to continue to serve in this position. HLAVA/ANDERSON MOVED APPROVAL OF RESOLUTION 2434 APPOINTING COUNCIL REPRESENTATIVES TO VARIOUS COMMITFEES AND AGENCIES WITH THE ADDITION OF COUNCILMEMBER CLEVENGER AS REPRESENTATIVE/MAYOR PETERSON ALTERNATIVE, TO SANITATION DISTRICT 4. Passed 5-0. C. Agreement with Saratoga Area Senior Coordinating Council on Adult Day Care Center The City Manager reviewed the Report of July 9, 1987; Mr. Peacock and the City Attorney clarified an ap. parent contradiction between Section A. 1 .,"City shall own and control use of the Center.." and B. 6., "..the City is under no obligation...." Mr. Richard Drake, representing SASCC, was favorable to the proposed agreement if their insurance policy would indetrmify them in the areas they were required to indemnify the City. The Center did not wish gifts or memorials given to them, to be placed in the public domain. HLAVA/MOYLES MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREE- MENT ON BEHALF OF THE CITY. PasSed 5-0. 7. NEW BUSINESS A. Customer Service Training The City Manager reviewed his Report of July 7, 1987, and requested direction from the Council as to whether to pursue forrealized training. Councilmember Clevenger favored further iywestigation of proposed training; Councilmember Hlava concurred and added that effective training required a "hands on" technique applied on a continuing basis. Councilmember Moyles noted previous service of Staff to the community; however, the Council was responsible for creating the character of the organization and he favored provision of the resources necessary to pursue this goal. Councilmember Anderson cited incidents of Staffs effectiveness in deaiing with the public. Mayor Peterson asked that training include an emphasis on role playing. Consensus reached to direct the City Manager to pursue customer service training and report back to the City Council on initiating a training program. B. Request for 4-Way Stop Signs at Blauer Dr. and Regan Lane City Engineer Shook reviewed the Report of July 1, 1987; this matter had been reviewed by the Public Safety Commission and they concurred that this request should be denied. Councilmember Anderson noted that there were a number of near accidents at this intersection; Councilmelber Hlava suggested that the problem was the interference with the sight line on Regan Lane in relationship to the stop sign. The City Engineer noted that Staff would further review this situation to_assess whether a reconfiguration of the intersection was necessary. HLAVA/ANDERSON MOVED TO DENY THE REQUEST FOR INSTALLATION OF A 4-WAY STOP SIGNS AT BLAUER DRIVE AND REGAN LANE, DIRECTING STAFF TO INVESTIGATE A RECONHGURATION OF THIS INTERSECTION. Passed 5-0. .. Councilmember Moyles asked that interested individuals be informed of this decision. The Mayor proceeded to Public Hearings. MEETING OF THE CITY COUNCIL · Page 4 JULY 15, 198'7 8. PUBLIC HEARINGS A. Consideration of Exemption from State Requirement for Establishment of Recycle Centers at Certain Large Supermarkets. The Community Services Director reviewed the Repoi't to the Mayor and City Council of July 15, 1987, and answered 'questions addressed by the Council. Councilmember Moyles commended that he did not wish exemptions to relieve either the Safeway store nor Gene's Quito Market from participation in this program; he suggested the imposition of conditions requiring the participation of the above business, availability of information on alternatives and a process whereby items would be transported to the Kiwanis Club Recycling Center. The Public Hearing was opened at 8:20 P.M. Mr. Dominic A. Fanelli, Chairman, Saratoga Recycle Center, noted the letter submitted to the Council, concurred with Staff recommendation and made himself available for questions. He noted that an incentive for individuals to utilize the Kiwanis Club was that the Center would accept all types of recycled materiais and added that unless information regarding procedures for redeeming items was available, the centers would not be effective. He noted the surveiilance necessary to maintain drop off cen_ters in an orderly and clean manner ANDERSON/HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 8:26 P.M. Passed 5-02 Councilmember Anderson suggested the benefits of having Saratoga Village also participate in recycling efforts. HLAVA/CLEVENGER MOVED ADOPTION OF RESOLUTION 2435 AUTHORIZING THE SUBMISSION OF CONVENIENCE ZONE EXEMPTION REQUEST FORMS TO CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING. Passed 5-0. The Mayor rel:umed to NEW BUSINESS C. Request for Mirror at Bend in Stoneridge Drive " The City Engineer reviewed the request and noted concern regarding potential lawsuits resulting from a lack of maintenance of the mirror;, the Public Safety Commission had come to a similar conclusion. Councilmember Clevenger commented that the proposed mirror was primarily for the benefit of private property owners. In response to Councilmember Moyles'question, the City Engineer noted that the Public Safety Commission had asked Staff to consider alternative safety measures, other than the proposed mirror, at this location. Mr. Eugene O'Rorke, Public Safety Commission, reported on the site visit made and stated that homeowners noted the lack of view when backing out of private property. In summary, the Commission: :. Felt that the proposed mirror would not be as beneficial as proponents felt it would be · ~ Noted that the mirror would represent an opportunity for individuals to alter its position; the public relying upon a mirror out of proper adjustment, would be less safe than if the mirror wasn't installed in the first place Councilmember Hlava felt that the City could not justify allowing a mirror at this location since it would be primarily for the benefit of a few h0meowners. HLAVA/MOYLES MOVED TO APPROVE THE REQUEST UPON CONDITION THAT THE APPLICANT ACCEPT RESPQNSIBILITY FOR MAINTENANCE AND HOLDS THE CITY HARMLESS FROM ANY CLAIMS RESULTING FROM SUCH AN INSTALLATION. Passed 5-0 MEETING OF THE CITY COUNCIL Page 5 JULY 15, 1987 NEW BUSINESS Continued D. Proposed Regulations on Smoking The City Manager reviewed the Memorandum of July 9, 1987, a matrix companng provisions of various ordinances of adjacent cities and the proposed draft ordinance for consideration. He recommended that the Council authorize and direct the City Attorney to prepare an amendment to the Municipal Code and schedule a public hearing be held on September 2, 1987. Councilmember Moyles concurred that smoking represented a health hazard; he noted that a limited restriction did not noticeably serve public health interests more than no regulation at all. In addition, he wished to stimulate public interest on this issue and stated that he would offer an amendment prohibiting smoking in restaurants of 50 seats or more. Councilmember Clevenger noted that smaller restaurants posed the health hazard since they accommodated smokers and non-smokers in a small space. Councilmember Anderson stated that Beve~y Hills which had adopted a non-smoking policy in restaurants had received numerous complaints from restaurant owners. She favored an ordinance requiring 60% non-smoking; however, if 100% non-smoking were to be required, she favored that such apply to smaller restaurants. Councilmember Hlava noting the difficulty Of enforcement of a non-smoking ordinance: Concurred with Staff recommendation regirding restaurants and public places Questioned a ban on smoking in Hotel/Motel and Resort conference rooms Felt strongly .that regulations be applied to any business of over 25 individuals Suggested designated smoking areas in the work area and asked that the Cupertino Ordinance be reviewed on this subject Noted the expense and effort involved for business to comply with such an Ordinance Noted the limited number of organizations in Saratoga to which such would apply i Mayor Peterson stated that he was favorable to making a statement on a non-~moking policy and added that he was reluctant to penalize ~mall restaurants and retailers in the Village. Councilmember Anderson noted that a number of small cities had required that each business have a plan addressing the issue of smoking and non-smokir/g, rather than attempting to impose smoking regulations on small business operations. Consensus reached to continue Proposed Regulations on smoking to the ~tJUst: .19, 1987, Meeting; copies of the Los Altos and Cupenino Ordinances to be provided for the Council. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Councilmember Hlava updated the Council on the upcoming September Newsletter ' She reported on the interest of San Jose Symphony committee members in the Paul Masson Site; Councilmember Clevenger suggested the Council make a visit to the winery. Mayor Peterson concurred with the City Manager that members of the Planning Commission and Staff also be included. Tour to be arranged by the City Manager. Councilmember Moyles noted concerns regarding: Board of Supervisors proposed creation of a detention center; he asked that the Public Safety Commission be advised not to make comment reflecting on City policy until further - - advised by the Council i League of California Cities Senate Bill 407, which excluded small cities outside of Los Angeles County; the City Manager provided information on the political strategy of the League Councilmember Anderson reported on the Transportation Commission Meeting She provided materials from a seminar entitled "Character and Confidence" held at Santa Clara University MEETING OF THE CITY COUNCIL .- Page JULY 15, 1987 AD.IOURNMEN'I': TO CLOSED SESSION TO DISCUSS MEET AND CONFER WITH SARATOGA EMPLOYEES ASSOCIATION AT 9:25 P.M. Respectfully submitled, Carol A. Probst-Caughey / Recording Secretary