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HomeMy WebLinkAbout09-16-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: September 16, 1987 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Clevenger, Hlava present at 7:00 P.M. Councilmember Anderson present at 7:04 P.M. 2. CEREMONIAL ITEMS: - None 3. ROUTINE MATTERS A. Approval of Minutes: Meeting of September 2, 1987 ~ HLAVA/CLEVENGER MOVED APPROVAL OF MINUTES OF SEPTEMBER 2, 1987, AS PRESENTED. Passed 3-0, Councilmember Anderson absent. B. Approval of Warrant List: CLEVENGER/HLAVA MOVED APPROVAL OF THE WARRANT LIST. Passed 3-0, Councilmember Anderson absent C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 11, 1987. 4. CONSENT CALENDAR - GENERAL: A. Planning Commission Actions, September 9, 1987, - Noted and fried. B. Heritage Preservation Commission Actions, August 19, 1987, - Noted and filed. C. Final Building Site Approval, SD 87-011, Paul Avenue (D. Cunn.ingham, Developer) · D. Notice of Completion for Addition and Altei-ations to Village Library : E. Resolution 2439 commending Joanne Crane as Saratoga Teacher of the Year F. Resolution 2440 upholding Planning Commission in Appeal of Rivoir Project heard September 2, 1987, and Approval of Revised Map CLEVENGER/HLAVA MOVED ADOPTION OF CONSENT CALENDAR. Passed 4-0. 4. CONSENT CALENDAR - CLAIMS: A. Ting - Claimant is being required to meet conditions to continue building house B. Collins - Tire of clalmant's automobile damaged on Bohlman Rd. CLEVENGER/HLAVA MOVED TO DENY CLAIMS OF TING AND COLLINS. Mayor Peterson recommended that Item 4. B.; Collins, be referred to the City Manager for adjustment. MEETING OF THE CITY COUNCIl. · -;~, - ~' ' ' Page 2 SEPTEMBER 16, 1987 CONSENT CALENDAR II - CLAIMS Continued CLEVENGERIHLAVA AMENDED THE MOTION, TO DENY ITEM 4. A., TING. -:._.-,~-~ Passed 4-0. CLEVENGER/ANDERSON MOVED TO REFER ITEM 4. B., COLLINS, TO THE CITY MANAGER FOR ADJUSTMENT OF CLAIM. Passed 4-0. 5.COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Ms. Joan Hershkowitz, Chairperson, Protect Our Environment, noted that the final Environmental Impact Statement had been published; she urge~ that a letter be sent to Cal Trans objecting to statements made in Vol. I, Chapte~ 5, Page 22. - B. Written Communications from the Public 1.Growth and Opportunity, Inc., P.O. Box 1449, Morgan Hill, 95037, requesting funds for Latch Key program. The City Manager reviewed the Memorandum of August 25, 1987. Councilmember Anderson noted that she had special interest in providing child care for latch key children; it was with great regret that funds could not be provided at this time. Councilmember Clevenger asked that a letter be sent. 6. OLD BUSINESS - None. 7. NEW BUSINESS - None. Mayor Peterson returned to Oral Communications. Councilmember Clevenger questioned whether an amended Environmental Impact Statement (EIS) would be required in order to address the Saratoga alternative, since the alternative design proposal had not been studied. The City Manager responded that the issue was whether the Saratoga alternative had significant adverse envirpnmental impacts; such could only be determined by a study of the Saratoga alternative. . - Councilmember Clevenger suggested these concerns be raised in a letter;, Mayor Peterson was !: ' . favorable to either a letter or making an inquiry of Mr. Will Kempton. Councilmember Hlava concurred and suggested adding a statement that Saratoga did not intend that lack of an EIS on the Saratoga alternative would restrict the City in the negotiation process. Councilmember Anderson noted that Cal Trans was obligated to provide a supplemental EIS for the Guadalupe area in order to evaluate alternatives; she concurred that a statement from Saratoga was in order. Discussions of a recent meeting of Guadalupe area residents regarding sound walls and width of the mad were reviewed. -:; ~ '~'-,. Consensus reached that a letter will be sent to Cal Trans regarding the above concern, Mayor Peterson proceeded to City Council Items, Reports from Individual Councilmembers: Councilmember Hlava reported on the Solid Waste Committee and the De~_aLne on a proposed landfill tax; Consensus reached to send a letter opposing a landfill tax. She reported on the IGC, Solid Waste Committee work plan She requested a discussion of a possible expansion of the Board for Hakone Gardens be scheduled on the Council agenda. MEETI/qG OF THE CITY COUNCIL Page 3 SEPTEMBER 16, 1987 CITY COUNCIL ITEMS Continued Councilmember Clevenger reported on recent actions of the HCD Board of Supervisors Councilmember Anderson reported on the Transportation Commission; letter to be sent regarding lack of adequate wansit services in the City of Saratoga · 8. PUBLIC HEARINGS A. Ordinance revising design review regulations (AZO-87-003) (first reading) (Continued from September 2, 1987) The City ,{ttomey presented the revised Ordinance and reviewed additional changes and clarifications requested by Staff, as follows: Section 3, (b), Gross floor area, first sentence, delete the words, "which are not used as or capable of being converted into living space." Rest of paragraph as stated Section 4, (b), first sentence amended as noted above2 In 15-45.030, (c), delete "penalty" to read "Slope adjustment" In 15-45.030, (b), adding language to clarify that any square footage exceec~..'ng 1000 sq. ft. would be rounded upward In 15-45.060, Requirement for design review; public heating, add, (7) to read, "Whenever, as a result of the construction or expansion, the allowable floor area may be exceeded pursuant to Subsection 15-45.030 (d) of this Article." The Public Hearing was opened at 7:57 P.M. Mr. Jerry Lohr, 18755 Montewood Dr.,-Saratoga, noted two areas of concern regarding the proposed Ordinance amendment: Reduction of square footage allowed in the R-1-10,000 and R-1-12,500 zoning districts; however, there were not many 10,000 or 12,500 sq. ft. lots remaining 26 ft. height limitation; an example was cited. In order to meet the height limitation, developers would be forced into build relatively large flattened roof areas, scale of houses would be distorted and proper perspective would not be maintained in limiting height for houses on large lois as for a similar limitation for houses on small lots. He favored allowing up to a 30 ft. height in the R-1-20,000 and R-1-40,000 zoning districts. CLEVENGER/ANDERSON MOVED TO CLOSE THE PUBLIC HEARING AT 8:04 P.M. Passed 4-0. Councilmember Hlava stated that she was not favorable to the 25% allowance in exceeding the height limitation and favored removal of the requirement for aerial photographs. Mayor Peterson noted concern regarding hillside development which appeared massive; he favored ihe 26 ft. height limitation and a change in 15-45.030 (c) Slope adjustment, to read, "30% plush4% for each 1 percent of slope over 10%." Councilmember Moyles had communicated to Councilmember Clevenger that he was favorable to a trial period of the Ordinance amendment as proposed. HLAVA MOVED TO INTRODUCE AN ORDINANCE REVISING DESIGN REVIEW REGULATIONS, WITH AMENDMENTS AS STATED ABOVE AND DELETION OF REQUIREMENT FOR AERIAL PHOTOGRAPHS. There was no Second to the Motion. Councilmember Clevenger favored inclusion of aerial photographs as written in the Ordinance. She was very favorable to the proposed Ordinance revising the design review standards; Mayor Peterson concurred. CLEVENGER/HLAVA MOVED TO ADOPT A NEGATIVE DECLARATION. Passed 4-0 CLEVENGER/ANDERSON MOVED TO AMEND THE PREVIOUS MOTION INTRO- DUCING AN ORDINANCE BY TITLE ONLY WAIVING FURTHER READING, TO INCLUDE THE REQUIREMENT FOR AERIAL PHOTOGRAPHS Passed 4-0. MEETING OF THE CITY COUNCIL '..' _. ;~ ~ ...... ' I= Page 4 SEPTEMBER 16, 1987 PUBHC HEARINGg Continued B. Consideration of General Plan Amendment for revised Safety Element of the General Plan. (GPA ~87-01) (City of Saratoga) Planning Director Hsia reviewed the Report to Mayor and City Council, September I0, 1987. Councilmember Hlava asked that in Floc~ I-Ia~ard; the polic-] llraitir~g '_a.mperviouS coverage be included; such was of special concem in the hi/lside area tO prevent the cumulative impacts of runoff. The Planning Director responded that such was already part of the Zoning regulations; however, if the Council so wished, this policy could be repeated in this section. Consensus reached by the Council to incorporate this suggestion. The City Manager noted a conversation with Councilmember Moyles wherein he agreed that there were only two remaining issues that related to policy matters; these were: · Additional regulations relating to fn'e hazards in the Village .I Lowering the, square footage threshold for installation of the early Warning sys~tems CiLy ganaqer reported that a phone call had ~ received £rcta Fire Chief ~Kraulo, who suq~Jestocl__~t_s°cudy .sesSion Wif-h the Counc53.~ There was consensus tO proceed with the Safety Element rather than delayi~ it '{~a 'Study '~essiohl The Public Homing was opened at 8:30 P.M. There were no speakers. HLAVA/ANDERSON MOVED TO CLOSE THE PUBLIC HEARING AT 8:31 P.M. Passed 4-0~ with respect to concerns expressed in a memorandum from Councilmember MDyleS, Councilmember Hlava was opposed to addition'a requirements for a redofitting the Village; such was counter to the ob]ectives for this area. ~Vith respect to the second issue,=thc rationale was that a house at the 5,000 sq. ft. threshold approached the size of a commer6ial building and therefore, would be a potentially ~reater f~e hazard. Mayor Peterson concurred with the above conunents. Councilmember Clovenget noted that she relied on the expe~ise of the technical commjttee for the (~aft Safety Element and would support it. Councilmember Anderson concraTed and cited the potential costs of installing an early warning system in an existing residence. Councilmember H]ava asked that if a sPady session/meeting were scheduled, both Fire Chiefs be included and an agenda be presented to Stuff in advance of the meeting. CLEVENGER/HLAVA MOVED THE GRANTING OF A NEGATIVE DECLARATION. Passed 4-0. CLEVENGER/HLAVA MOVED TO ADOPT GPA-87-01, REVISED SAFETY ELEMBNT. Passed 4-0. C. Ordinance which would add to the ~ems in which smoldng is not allowed in the City of S=atoga. Smoking would not be allowed in any public place or service area such as hanks, superrn~rkets, retail stores, etc. Small restaurants could choose whether · to allow smoking, but large restaurants could not allow smoking except under certain circumstances. In work places, smoking would not be allowed in necessary communal areas. (fn-st reading) i'~i~ Manager noted receipt of 457 postcards; of'which 452 favored an ordina~6e z~zJulating stoking; a [ a phone call was received from Stan and Nadine Fralick, Sarahills Ct., Saratoga, in favor of the no-smoking Ordinance with a ban on smoking in restaurants. The City Attorney summarized the proposed Ordinancej The Public Hearing was opened at 8:45 P.M, MEETING OF THE CITY COUNCIL Page 5 SEPTEMBER 16, 1987 PUBLIC HEARINGS Continued " Col. E.T. Barco, 19101 Camino Barco, Saratoga, was unfavorable to the Ordinance and opposed portions of the Ordinance which addressed restaurants for the following rea. s, ons: - Inequity: large restaurants would be penalized while smull establishments could make what was essentially, a business decision Incongruity: small restaurants were the most likely offenders due to poor ventilation. Noted that restaurant use was a matter of choice. Restaurants were a main attraction in Saratoga; such legislation would harm the ~ity Problem of enforcing such an Ordinance Suggested education of the young in preference to the proposed Ordinance _ Ms. Gail Call, 19684 Glen Brae Dr., Saratoga, noted that restaurants were of special concern to those with respiratory problems and asked that provisions for non-smoking areas be made. Mr. Robert Quigley, Represented a coalition of the American Cancer Society, American Heart and Lung Association, reviewed progress made in obtaining non-smokihg Ordinances in the · County. With respect to the proposed Ordinance, he presented the Recommended Changes for the Saratoga Smoking Pollution Control Ordinances. Ms. Margaret Leathers, American Lung Association, concurred with the above presentation and added the following considerations: Smoking in public places and the work place wherein day-to-day activities were performed Importance of this Ordinance for small work places which often had informal systems for addressing a complaint Individuals who were unable to come forward to speak in favor of this proposal Mr. Jack Christian, Saratoga, favored the Ordinance; however, with respect to applying standards to work places of less than twenty people, he cited an example wherein a small "mom and pop" grocery store was required to have separate bathrooms. Ms. Barbara Campbell, 13759 Vista Ave., Saratoga, stated that as a teacher she worked in a small and informal work place; the health hazards of using a communal facility room were cited. She noted the lack of choice in selecting the work place and added that the smaller the setting the more difficult it may be to oppose smoking. Mr. John Campbell, 13759 Vista Ave., Saratoga, was in favor of the proposed Ordinance and added that the California State Automobile Association in Sunnyvale had enacted no smoking procedures without negative repemussions. CLEVENGER/HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 9:15 P.M. Passed 4-0. Discussion of "Recommended Changes" presented earlier by Mr. Qu i gl ey: 7-35.030 (a) Wording suggested already included in Ordinance 7-35.060, Posting of signs. 7-35.030 (c) Consensus reached to include recommended changes 7-35.040 Recommended change to delete the word "office" from the title accepted 7-35.040 (a) Delete statements: "offices with twenty or more employees" and "...who regularly employs twenty or more employees.." Councilmember Hlava opposed deletion of wording and noted that in smaller offices such decisions involved interpersonal relationships; she favored requiting a plan addressing the no . smoking issue. Councilmember Anderson noted the impact of a few smokers on other employees and suggested consideration of mandating no smoking in smaller offices; Councilmember Hlava objected to 'such a suggesti on. Councilmember Clevenger concurred regarding the difficulty of addressing the no smoking issue in small offices; she favored the recommended change; Mayor Peterson noted the numerous small offices in the City and agreed with the recommended change. 7-35.050(b) Recommended deletion of entire pamgraph accepted MEETING OF THE CITY COUNCIL -.~ ~ Page 6 SEPTEMBER 16, 1987 PUBLIC HEARINGS Continued 7-35.060 (a) Recommended deletion "Any property owned or leased ..." The City Attorney stated that the City did not regulate County, State or federal government entities. 7-35.090Violations: The City Attorney reviewed standird procedures for infractions of an Ordinance and stated that the recommended change was in fact, already in force. SECTION 2: Recommended change to add a statement on non discrimination. The City Attorney noted concern regarding City enforcement of employee rights or alleged discrimination in the private work place. He questioned whether the City would be put in the position of citing an employer for refusing to hire and/or lure by reason of the fact that the complainant was/was not a smoker. He noted that the objective was to establish smoke free work places; he had no obje,ction to other changes proposed. The City Manager advised the Council to direct the City Attorney to prepare a draft Ordinance% incorporating' the recommended changes as stated; the Ordinance could then be introduced at the Meeting of October 7, 1987. Consensus reached to proceed as advised. Councilmember Hlava stated she would oppose the Ordinance as proposed and noted strong concern regarding the interference of government; in addition, in small offices the question was one of interpersonal relations. D. Ordinance adding Article 4-55 to the City Cede to regulate the establishment and operation of massage parlors and to require the licensing of massagists (first reading) The City Attorney reviewed provisions 'of the proposed Article 4-55. The Public Hearing was opened at 9:31 P.M. There were no speakers. HLAVA/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:32 P.M. Passed 4-0. CLEVENGER/HLAVA MOVED TO INTRODUCE AN ORDINANCE ADDING ARTICLE 4-55 BY TITLE ONLY WAIVING FLIRTHER READING. Passed 4-0. E. Appeal of approval of conditional use permit to allow a glass p0ol enclosure to be located within the required rear yard 6 ft. from the rear property line and 4 ft. from the left side in the R-l-10,000 zoning district at 12246 Via Roncole (UP 87-012) (Appellant, L. Palmet, applicant, M. Broner) . I. The City Attomey staied that this Item was Continued to October 7, 1987, at the request of the Applicant and the Appellant ~ To A CLOS$]~ SESSICN ON LITIGATION AND E NEGOTIATIONS AT 9:33 P.M. AND TH~Iq To 5:00 P.M. ON ~T~. 29/AT THE SARATOGA COMMUNITY CENTER, 19655 ALLENDALE AVE., SARATOGA. .: ..I ,. Respectfully submittect,