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HomeMy WebLinkAbout08-19-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: August 19, 1987 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA · _ TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Hlava, Moyles present at 7:02 P.M. 2. CEREMONIAL ITEMS: A. Resolution 2436 Confirming Appointment of John Kolstad to Planning Commission and Peter Smith to Finance Advisory Committee MOYLES/ANDERSON MOVED APPROVAL OF RESOLUTION 2436 APPOINTING A MEMBER OF THE PLANNING COMMISSION AND A MEMBER OF THE FINANCE ADVISORY COMMiTFEE. Passed 5-0. B. Administration of Oath of Office to Above Mayor Peterson administered the Oath of Office to Mr. John Kolstad and Mr. Peter Smith. 3. ROUTINE MATTERS A. ApproVal of Minutes: Meeting of July 15, 1987 CLEVENGER/ANDERSON MOVED APPROVAL OF THE MINUTES OF JULY 15, 1987, AS SUBMITFED. Passed 5-0. B. Approval of Warrant List: HLAVA/CLEVENGER 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 August 14, 1987. 4. CONSENT CALENDAR - OTHER ITEMS: A. Planning Commission Actions, July 22 and August 12, 1987, - Noted and filed. B. Heritage Preservation Commission Actions, July 8 and 22, 1987, - Noted and filed. C. Parks and Recreation Commission Actions, July 13, 1987, - Noted and filed. D. Public Safety Commission Minutes, July 13 and August 10, 1987~ - Noted and filed i E. Cable Television Local Access Board Minutes, July 28, and August 1 I, 1987, - Noted and filed. _ .4 F. Award of Contract for Slurry Seal Type II to Graham Contractors in the amount of $281,930.88 G. Notice of Completion - Overlay of Certa'm City Streets, 1987 H. Fin~:::i~e~ptiance for 14430 Pike Rd., SDR 1602 (Developer, T. Copenhagen) MEETING OF THE CITY COUNCIL Page AUGUST 19, 1987 CONSENT CALENDAR Continued .... I. Final Acceptance of Improvements of Tr. 7499 and Release of Bonds, Saratoga Creek, Saratoga-Sunnyvale Rd., Herriman Ave. (Developer, Osterlund En.t.erprises) J. Final Building Site Approval, SDR 1630, Pierce Road (Developer, L. Dolan) K. Resolution 85.9-73 adjusting Employee Salaries and Benefits for Non-Management Employees L. Joint Meeting Schedules for 1987-88 Councilmember Hlava requested removal of Consent Calendar Item L. MOYLES/CLEVENGER MOVED ADOPTION OF CONSENT CALENDAR WITH REMOVAL OF ITEM L. Passed 5-0. Councilmember Hlava asked that an evening personnel session be scheduled to meet with the City Manager; Corranittee-of-the-Whole Meeting scheduled for September 30, 1987. HLAVA/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR ITEM L. Passed 5-0 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Ms. L. Benson, Village Merchants Association, invited the City Council to attend the Promenade to be held August 25, 1987, at 6:30 P.M; she presented a petition signed by merchants in the Village and cited recent unfavorable publicity for the Village. She noted the problem of adequate street maintenance for the Village area. Mayor Peterson cited his efforts to implement the Saratoga Village Plan and accepted the petition presented. Councilmember Moyles asked th~/t Staff review the street cleaning services performed; Village merchants and Councilmember Moyles to be apprised of the status of this situation. Ms. Debbie Pereia commended the Mayor for his endorsement of a revocation of the business licenses of the two businesses cited with illegal activities; she noted the safety of the streets of Saratoga during the evening hours. B. Written Communications from the Public 1. Brian E.S. Hawes, 444 Castro St. #400, Mt. View, 94041, requesting reconsideration of denial of Bolander second unit use permit. CLEVENGER/ANDERSON MOVED TO RECONSIDER DENIAL OF THE BOLANDER SECOND USE PERMIT. Passed 3-2, Mayor Peterson, Councilmember Moyles opposed. Ms. Johnson asked chat the Hearing date be set for a time that she could attend. Consensus reached by the Council and interested parties; date for Public Hearing set for October 7, 1987. The City Attomey asked that notice be sent to all persons whose names appeared in the record. 2. Elwood Maynard, 1355 Felipe Ave., San Jose, 95122, requesting permission to plant trees on property zoned R-l- 12,500 Mayor Peterson recommended that this Item be formally referred back to the Planning Commission; Planning Director Hsia concurred. Councilmember Hlava asked that the Commission be apprised of the need for preservation of an adjacent walkway. Councilmember Moyles asked that a similar case on Saratoga-Sunnyvale Rd. be researched and information presented for the Commission's consideration of a possible policy change. HLAVA/CLEVENGER MOVED TO REFER THIS REQUEST TO THE PLANNING COMMISSION FOR REVIEW AND REPORT. Passed 5-0. MEETING OF THE CITY COUNCIL Page 3 AUGUST 19, 1987 COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC Continued 3. Frances Krezek, 20570 Ashley Way, objecting to lack of choice in garbage Contract I I Councilmember Hlava was favorable to the proposed response with the addition of information explaining the operation of franchise contracts and the resulting lack of choice for individuals. HLAVA/CLEVENGER MOVED TO SEND LETTER OF RESPONSE AS AMENDED, - NOTED AND FILED. Passed 5-0. 4.Todd Walsh, 12759 Plymouth Dr., suggesting that Council issue a statement that Paul Masson Mountain Winery zoning shall remain unchanged. Councilmember Moyles suggested that a copy of Mayor Peterson's letter of information be sent to Mr. Walsh. Consensus reached to send letter of information. 5. Marcia O. Kaplan, 20734 Sevilla Ln., objecting to debris near recycling receptacles at Argonaut parking lot. HLAVA/CLEVENGER MOVED TO SEND RESPONSE OF THE COMMUNITY SERVICES DIRECTOR, - NOTED AND FILED. Passed 5-0. 6.Ernest O. Kraule, Saratoga Fire District, with suggestions concerning the Village Plan and the Safety Element of the General Plan. HLAVA MOVED TO REFER COMMUNICATION TO STAFF. Councilmember Moyles noted concerns regarding the Safety Element; he stated that he would offer amendments for consideration by the Council, including the following: The boundaries of hazardous fire area excluded new development on the Freemont School site. Requirements of Saratoga Fire District/Central Fire District were compared Glen Una area boundaries should be formed in consideration of the hazard rather than arbitrary political boundaries. Older buildings in the Village shotrid be connected by computer to the fire department. Senior housing being considered at Paul Masson Champagne Cellars would introduce densities in the Village never contemplated before; this project should also be connected by computer to the fae depathnent Prohibition on the installation of a metal roof over a shake roof; both the Safety Element prohibition and enforcement need to be addressed Current safety ordinance was inadequate in that it did not require remote heat and smoke protection systems connected to the Fire District if the house was less than 5,000 sq. ft; the purpose was protection of individual life, not square footage Councilmember Anderson requested cost figures for installation of a remote alarm system. Councilmember Hlava asked that information be prepared by Staff prior to discussion; Councilmember Moyles will present a memorandum on the above concern. Consensus reached that a study session be held on the above concerns; date to be set and notice to be given to the public and interested parties. The City Attorney advised the Council that reference to the early warning fire alarm system was in the Safety Element for a specific and technical legal purpose; he requested that the early warning fire alarm system be dealt with in the context of the Safety Element and not reserved I for later determination in the Saratoga Village Plan. ' 7.Fred and Carolyn Dabney, 15765 Apollo Heights Ct.., complaining about noise from Paul Masson Mountain Winery 8. Audrey L. Summers, P.O. Box 251, similar to above Consensus on Items 7 and 8 that letters of reply be sent per Staff Recommendation.. MEETING OF THE CITY COUNCIL ' - ,.-" ' Page 4 AUGUST 19, 1987 6. OLD BUSINESS A. Ordinance 71.26 amending Sections 15-80.020 and 15-80.080 of the City Code pertaining to radio and television antennas (second reading) The City Attorney reviewed the modifications made by the Planning Commission as follows: Setback requirement changed from being equal to the height of the antenna plus 5 ft. to setback being one-half the antenna height Height of the antenna increased from 65 ft. to 75 ft. Allowance of more than one antenna structure on a single site if f'mdings could be made Councilmember/vloyles favored the following requirements: Original setback requirements (setback equal to height of the antenna plus 5 ft.) A 65 ft. height restriction with no exceptions Prohibition of more than one antenna on any single site 'i: Councilmember Clevenger concurred regarding the above suggestions. Councilmember Hlava questioned the need for a setback equaling the height of the antenna plus 5 ft. and cited the unlikelihood that an antenna would break off at the ground level. She was favorable to the 65 ft. height limitation and the allowance of more than one antenna on site. In response to a question, Councilmember Moyles conf'n'med that his concern in promoting the setbacks as originally proposed was both to increase the restfictions for placing antennas in neighborhoods and to mitigate visual impact. Councilmember Anderson felt that antennas would impact neighborhoods regardless of height and did not feel that safety would be jeopardized by a setback restriction of one-half the antenna height. She was not opposed to the 75 ft. antenna heibht if installed on larger parcels of property and asked that consideration be given on a case by case basis. Mayor Peterson favored the Ordinance as recommended by the Planning Commission; the City Attorney reviewed the deliberations and testimony taken on by the Commission. MOYLES/CLEVENGER MOVED TO AMEND ORDINANCE SETBACKS FOR ANTENNAS TO iBE EQUAL THE HEIGHT OF THE ANTENNA PLUS 5 FT. FROM THE PROPERTY LINt:.. Failed 2-3, Mayor Peterson, Councilmembers Anderson, Hlava opposed. Councilmember Clevenger stated she voted in favor of the above motion, noting the unattractiveness and close proximity of an antenna which might create anxiety for adjacent property owners; she was favorable to allowing antennas on the larger lots to prevent the abov6 ~mpacts. In response to Mayor Peterson's question, the City Attorney reviewed the Commission's deliberations. In determining whether the Ordinance could be reconciled with the FCC rulings requiring the City to accommodate radio operators, he was favorable to the 65 ft. height, despite radio operator's claims that a 75 ft. height would allow for better reception. MOYLES/CLEVENGER MOVED TO LIMIT ANTENNA HEIGHT TO 65 FT. WI':FHOUT EXCEPTION. Passed 4-1, CouncilmemberAnderson opposed. MOYLES/CLEVENGER MOVED TO AMEND THE ORDINANCE TO ALLOW ONLY ONE ANTENNA ON ANY INDIVIDUAL SITE. Failed 2-3, Mayor Peterson, Ctuncilmembers Anderson, Hlava opposed. READING .. :Passed 5--0 ~ - HLAVA/ANDERSON MOVED TO ADOPT ORDINANCE 71.26 AS AMENDED.' Passed 3-2, Councilmembers Clevenger, Moyles opposed. Councilmember Moyles stated that since he felt strongly in favor of amendments proposed, he did not vote in favor of the Motion made; however, he was favorable to the provision limiting ". antenna height. Mayor Petenon proceeded to Public Hearings. MEETING OF THE CITY COUNCIL · - Page 5 AUGUST 19, 1987 8. PUBLIC HEARINGS A. Reconsideration of Prior Denial of Variance to allow a 3 foot side yard setback for a detached garage where 6 feet is required at 14684 Oak Street (V-86-006) (Appellant/applicant, J. Gregory) Planning Director Hsia presented the Report to Mayor and City Council of August 13, 1987. The Public Heating was opened at 8:03 P.M. Mr. James Gregory, Appellant/Applicant, stated that renovation of the house was completed; pictures were presented. In response to the Staff Recommendation, he noted the following: The difficulty of ingress/egress to the garage with a 6 ft, side yard setback The garage was not adjacent to other structures on neighboring properties; he felt that there would not be a fire hazard nor would air and open space be impacted. He asked the Council to review this request from the prospective of the overall project, Councilmember Clevenger noted the attractiveness of the remodeled house and felt that the Appellant had contributed to the improvement of the City and Oak Street; she was favorable to granting the requested variance. CLEVENGER/ANDERSON MOVED TO CLOSE THE PUBLIC HEARING AT 8:09 P.M. Passed 5-0. Councilmember Cievenger felt that she could make the findings on practical difficulty. Councilmember Anderson noted her concern regarding potential f'tre hazard; however, any hazard could be addressed by other means rather than requiting the 6 ft. side yard setback. Mayor Peterson felt that the 3 ft. in question would not make a difference. Councilmember Hlava responded that: Access by fire fighters was necessary; a 3 ft. setback would restrict and/or prohibit access If setback requirements were undesirable, then the Ordinance itself should be amended. There were no grounds for making variance findings There would not be a resulting hardship from denial of the appeal Requirements allowed remodeled homes to be brought up to Code; allowing variances was in opposition to the better interests of the City Precedent may be set for adjacent property owners Councilmember Clevenger answered that a variance procedure addressed unique situations; she was not favorable to changing the Ordinance. Councilmember Moyles noted the attractiveness of the home; however, he concurred that the necessary findings could not be made. Mayor Peterson was favorable to granting the variance and noted that the City wished to encourage property owners to renovate their homes. Findings to be made that requiting a 6 ft. side yard setback would create a practical difficulty in access/egress of the garage. Access by the fire department was not prohibited, thus public safety was not endangered. CLEVENGER/ANDERSON MOVED TO GRANT AN APPEAL OF A VARIANCE ALLOW- INGA 3 FT. SIDE YARD SETBACK. Passed 3-2, Councilmembers Hlava, Moyles opposed. B. Confn-mation of Report of Weed Abatement Assessments The Public Hearing was opened at 8:18 P.M. There were no speakers. ANDERSON/HLAVA MOVED TO CLOSE PUBLIC HEARING AT 8:19 P.M. Passed 5-0. MDYLES/ANIIERSON MDVED .TO. ADOPT ~ESOLTLrIDN 2432 .CZI,IFIP, M]NG REPOR[12 OF. ~,~:,':,~ ABATEMENT ASSESSMENTS. Passed 5-0. Mayor Peterson recessed the Meeting from 8:17 - 8:37 P.M. The Mayor proceeded to City Council Items per reqhest of Mr. Sterling. MEETING OF THE CITY COUNCIL '; Page 6 AUGUST 19, 1987 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Councilmember Clevenger: Report on Issue of Annexation of Property at Norton & Sigal Councilmember Clevenger cited the policy of Sanitation District 4, which prohibited property owners from annexing to the sewer district unless they also annexed to the City. Since the property of Mr. Sterling was outside City limits, he was assessed for the sewer but would not be able to hook up to it; he would have to install a costly septic system on his property. Consensus reached not to annex the property in question but rather, to utilize the exemption allowed by Sanitation District 4; namely, allowing property owners within a 500 ft. distance from the present boundary to hook up to Sanitation District sewer lines. Councilmember Clevenger will vote in favor of the above exemption when the Motion is presented at Sanitation District 4 Meeting. The Mayor returned. to Old Business B. Proposed Regulations on SmOking (Continued from July 15, 1987) Acting City Manag{:r Shook noted that information requested on Smoking Ordinances of other cities had been subn~itted to the Council for their review. Councilmember Hlava commented on the Memorandum, Recommendations, and noted that: - :' - Consensus reached regarding 1. No smoking in any public place... On 2., Restaurants, agreement reached that restaurants with less than 50 seats, would post whether smoking was allowed or prohibited; in excess of 50 seats, both a smoking and non-smoking area must be provided at a ratio of one_third/two_thirds On 3, Workplace, reference to the City of Cupertino Ordinance in this respect Councilmember H]ava noted the following remarks on the Draft Ordinance: ., Hotel, Motels, Resorts, Conference Rooms: prohibition of smoking in this area was ' unrealistic, determination would made by tile individual/corporation renting the room Business Establishments, with less than 25 employees would be required to have a plan to accommodate non-smokers and that non-smokers rights would take precedence; establishments with over 25 employees as recommended by Staff. She noted the lack of detail in this section and suggested consideration of the City of Cupertino Ordinance which provided a better definition of what constituted "personal work space." Consensus reached to establish the limit at 20, not 25 employees and smoking to be prohibited in Hotel lobbies. : ~- Councilmember Anderson favored a ban on smoking in Hospitals and Health Care Facilities: consideration give to the potential health risks on smokers denied cigarettes while hospitalized. Draft Ordinance to remain as stated. Councilmember Anderson favored elimination of stadiums, outdoor theaters in Gymnasiums, Fieldhouses, Stadiums and Outdoor Theaters and elimination of the section entitled Public Transit. Consensus reached to direct the City Attorney to draft an Ordinance on Smoking Regulations. C. Award of Contract for Saratoga Community Center Emergency Alarm System and Report on Costs of construction of Adult Day Care Center Acting City Manager Shook noted the bids received and stated that references from the Saratoga Fire Chief and the Fire District Consultant stated that the Crime Alert Alarm Co. was a reputable fn'm. HLAVA/MOYLES MOVED TO AWARD THE CONTRACT TO CRIME ALERT ALARM CO. IN THE AMOUNT OF $16,600. Passed 5-0. MOYLES/HLAVA MOVED TO ADOPT RESOLUTION 2429.1 Passed 5-0 MEETING OF THE CITY COUNCIL Page 7 AUGUST 19, 1987 . 7. NEW BUSINESS A. Purchase of Two Vehicles Acting City Manager Shook reviewed the Report from Maintenance of August 19, 1987. Councilmember Moyles questioned the haste with which a newly hired individual ~s acc~ated by purchase of a vehicle for his use withou~ Council review. He asked that suc~ aprocedure not be considered a precedent to be acted upon in the future. CLEVENGER/HLAVA MOVED TO APPROVE THE PURCHASE OF TWO VEHICLES AS BUDGETED. Passed 5-0. B. Report on Request for Improvement of Alley Near Village Post Office Acting City Manager Shook cited the Report from Maintenance of August 19, 1987; the City Attorney reviewed legal actions available to the City. He added that an offer of dedication had been made on the alley but had not been accepted by the City. Consensus reached to direct the City Attorney to investigate ownership of the alley near the Village Post Office and report back to the Council. C. Report and Recommendations from Planning Commission on Senior Housing Mayor Peterson recommended the report be noted and filed; he added that he had informed callers that the City was not interested in rezoning the Oddfellows property for senior housing. PETERSON/CLEVENGER MOVED TO ACCEPT, NOTE AND FILE REPORT ON SENIOR CITIZEN HOUSING. Passed 5-0. D. Agreement with American Youth Soccer Organization (AYSO) concerning Use of Congress Springs Park MOYLES/ANDERSON MOVED TO APPROVE THE AGREEMENT WITH AYSO FOR USE OF CONGRESS SPRINGS PARK. Passed 5-0. E. Resolution MV-172 establishing Yield and Stop Intersection at Toll Gate Rd. and Saratoga Heights Dr. Acting City Manager reviewed the Report of August 19, 1987, and recommended approval. HLAVA/CLEVENGER MOVED TO ADOPT RESOLUTION MV-172. Passed 5-0. Ttie Mayor returned to City Council Items - Reports from Individual Councilmembers. Mayor Peterson noted the following: Tour of Paul Masson Mountain Winery Property, date of tour for September 12, 1987. Councilmembers Hiava and Moyles reported on a recent Santa Clara Co. Board of Supervisors Meeting wherein sale of the property was discussed. Marsh-Metzger House discussed at the Heritage Preservation Commission Meeting earlier in the day Fall Parade, a Fun Run walk will be substituted for the parade Oddfellows Property - Senior Housing - as noted above under q'tera 7C. Recent disclosure of illegal activities at two businesses located in the Village PETERSON/HLAVA MOVED TO PLACE AN ITEM ON THE AGENDA CONCERNING HOUSES OF PROSTITUTION IN SARATOGA. Passed 5-0. The City Attorney updated the Council and noted that actions under consideration included: Revocation of Business License: grounds and limitations for revocation reviewed. He recommended this action be taken and reviewed necessary procedures. Application of the Red Light Abatement Law MEETING OF THE CITY COUNCIL '- '' Page 8 AUGUST 19, 1987 CITY COUNCIL ITEMS Continued The City Attorney noted that he had been in contact with the District Attorney and the property owners of the two establishments involved; he had reason to believe that both properties would be vacated by the tenants within the near future and suggested that the revocation be initiated to assist the property owners in evicting the current tenants. Councilmember Clevenger stated that Mr. Tom Reddick contacted her regarding increased vandalism in Keyin Moran Park; extra patrols by Code Enforcement Officers requested. CounciLmember Hlava reported on the Solid Waste Committee Meeting She reported on complaints received regarding the operation of a home business Councilmember Anderson noted complaints received regarding a public nuisance Councilmember Moyles reported on the Traffic Authority Meeting He noted beautification efforts at Hakone Gardens He also received complaints that original quotations were consistently lower than final billing received from the Sanitation District; he asked for further information from Sanitation DisUict 4 Representative Clevenger. B. DesignationofVotingDelegateforLeagueofCaliforniaCitiesAnnualConference CLEVENGER/HLAVA MOVED TO DESIGNATE MAYOR PETERSON AS VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Passed 5-0. ADJOURNMENT: The meeting of the City Council was adjourned at 10:10 P.M. Respectfully submitted, Carol A. Probst-Caughey ? Recording Secretary