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HomeMy WebLinkAbout02-07-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 7, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Anderson, Moyles, Stutzman and Mayor Clevenger present at 7:30 p.m. Councilmember Peterson was absent 2. CEREMONIAL ITEMS A. Proclamations Commending Andrew Beverett, Joan Bose, Keith and M~ldred Gordon, IJoan Lambert and Dorothy Peck for service in Human Relations. Mayor Clevenger thanked the volunteers for their much needed and appreciated service for each specific endeavor. She read and presented a proclamation from the City of Saratoga to each volunteer and reported that the Santa Clara County Office of Human Relations and the [riends of the Human Relations Commission are planning to recognize the Imeritorious service of these citizens at the 10th Annual Awards Banquet to be held [ebruary 22, 1990. 3. ROUTINE MATTERS A. Approval of Minutes - 1/17, 1/23 MOYLES/ANDERSON MOVED TO APPROVE THE MINUTES OF 1/17/90, AND 1/23/90 AS PRESENTED. Passed 4-0 (Peterson absent). B. Approval of Warrant List ANDERSON/STUTZMAN MOVED TO APPROVE WARRANT LIST. Passed 4-0 (Peterson 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 February 2. Mr. Peacock requested that Council make the following changes to tonight's agenda: 1) that Item E. be moved to New Business because a resolution and declaration must be acted upon by Council; 2) that Council respond to a request received yesterday for consideration of the City participating in a dinner honoring military personnel in the Bay Area who assisted in the October 17, 1990 earthquake response. The dinner is scheduled to be held on February 24. 3) that City Council consider two additional Closed Session issues: (a) discuss the filing of a lawsuit by the Coalition for Hillside Protection against the City and Ira Velinsky, et al. regarding the Velinsky house, and (b) discuss settlement of the Feinstein matter. ANDERSON/CLEVENGER MOVED APPROVAL OF THE ABOVE LISTED AGENDA CHANGES DUE TO THE URGENT NATURE. Passed 4-0 (Peterson absent)~ 4. CONSENT CALENDAR These items will be acted upon in one motion unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. A. Planning Commission Actions, 1/24 - Noted and filed. B. Library Commission Minutes, 1/24 - Noted and filed. C. Saratoga Community AccessCATV Foundation Board Minutes, City Council Minutes 2 February 7, 1990 12/12; 1/16 - Noted and filed. D. Summary of Annual Public Safety Commission Retreat, 1/20 - Noted and filed. E. Approval of purchase of automobile to replace 1987 Dodge Aries which was damaged on 1/12/90 F. Approval of purchase of automobile to replace 4-door Toyota G. Authorization to purchase above-grouna diesel fuel tank H. Authorization for attendance of one staff member and three Parks and Recreation Commissioners at 1990 california Park and Recreation Society conference in San Diego, 3/15-18, with reasonable and necessary expenses I. Authorization for attendance of Planning Director and three Planning Commissioners at League of California Cities Planning commission Institute in san Diego, 3/21~23, with reasonable and necessary expenses · . Proclamation for community College Week Regarding Item D., Mayor Clevenger requested that the Summary of Annual Public Safety Commission Retreat, in particular the Goals and Emphasis for 1990, be included in the next Council meeting packet. Councilmember Moyles pulled items H. and I. ANDERSON/CLEVENGER MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEMS E., H. AND I. Passed 4-0 (Peterson absent)'. H. Authorization for attendance of one staff member and three Parks and Recreation Commissioners at 1990 California Park andRecreatlon Society Conference in San Diego, 3/15-18, with reasonable and necessary expenses. I. Authorization for attendance of Planning Director and three Planning commissioners at League of Californla Cities Planning commission Institute in San Diego, 3/21-23 with reasonable and necessary expenses. Councilmember Moyles requested that Council not limit'the authorization for attendance to only three Commissioners. Mr. Peacock clarified that the option to-attend is available to all Commissioners. MOYLES/ANDERSON MOVED APPROVAL OF CONSENT ITEMS H. AND I. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS · Tom Reddick, Larchmont Avenue, expressed concern that although the increase of garbage piqkup rates for recycling is minimal, it is a burden to the low-incomeS. Mayor Clevenger pointed out alternatives for senior citizens includihg information that they could apply for the reduced cest, single-cab pickup or they could have the option not to have garbage pickup. In response to Mr. Red~ick regardiAg the bottle and can recycling "- mandated by the State, M~yor Clevenger suggested Mr. Reddick write the Governor regarding his i question of who is responsible for medical expenses incurred if during the recycling effort someone gets hurt preparing those items fdr recycling. Mayor Clevenger stated the City would not.pay for those~medical expenses. B. WRITTEN COMMUNICATIONS 1) Ira Ve~insky, donating Ricoh Model 3100 Fax machine to city! CONSENSUS TO HOLD OFFi ACCEPTANCE OF THE FAX MACHINE. UNTIL THE PROCEEDINGS REGARDING THE VELINSKY HOME ARE COMPLETED. Passed 4-0 City Council Minutes 3 February 7, 1990 Peterson absent). 2) Request from Planning Commission for traffic control at Titus/Prospect intersection for Primary Plus Preschool MOYLES/ANDERSON MOVED APPROVAL OF STAFF'S RECOMMENDATION THAT COUNCIL REQUEST A REVIEW OF REQUEST BY PUBLIC SAFETY COMMISSION AND CITY ENGINEER. During discussion, Councilmember'Anderson commented that a review process should be continued every six months. Mr. Peacock clarified that Council can direct staff to continue to make informal reviews and reports to the Planning Commission every six months. Mayor Clevenger CALLED FOR THE QUESTION ON THE ABOVE STATED MOTION. Passed 4-0 (Peterson absent). 6. OLD BUSINESS A. Report from City Manager on proposed changes - Development review and implementation process Mr. Peacock reported that to strengthen the development review and implementation process for private development in Saratoga the preliminary conclusions are: the bifurcated plan approval process which occurred on Tract 7770 should not be allowed.again, 2) administration of the development review process after tentative map approval must be strengthened and 3) the inspection process, once work is ready to commence, must be strengthened. Mr. Peacock stated another key element being suggested is that no final map approval be granted by the City until all improvements are in and approved. Also, that work being required off-site, no longer be allowed to be done by the developer but the developer will be required to deposit funds with the City and the City will contract for that work to be done. Changes to the bonding agreements have also been suggested, that is, that they be part of the process of acceptance and approvals before development is allowed. In response to a question from Councilmember Anderson, Mr. Peacock clarified that two issues will be taken into consideration to determine if daily inspection is needed: 1) whether or not it is a discretionary project as defined in the Environmental Quality Act, and 2) how complex the project is. Councilmember Anderson stated she would like to See that there not be too much of a burden placed on those developers who have, in the past, been more than circumspect with the City. Mr. Peacock clarified that the construction schedules must be given to the City in order that maps, etc., can be sent to the Sheriff's Department and to the City's Community Services Officer. Councilmember Stutzman ~upported the changes. Councilmember Moyles suggested that before Council adopt the process, that the Planning Commission be given an opportunity to review the changes after which Public Hearing could be held. Discussion ensued wherein Mr. Peacock and Mr. Toppel briefly discussed the anticipated schedule and timeline for developing consensus of the Development Review and Implementation Process. Mr. Toppel pointed out it is hoped that the changes recommended concerning inspections, conditions, etc., can be incorporated into one document which the developer will sign. MOYLES/STUTZMAN MOVED THE REPORT BE PLACED ON THE FEBRUARY 28 PLANNING COMMISSION AGENDA AND ON THE MARCH 21 CITY COUNCIL AGENDA. Passed 4- 0 (peterson absent). Mayor Clevenger moved the agenda to Public Hearings, since the hour of 8:00 p.m. had passed. City Counoil Minutes ~ 4 February 7, 1990 8. PUBLIC HEARINGSi A. Projeots for 1990-91 community Development Block Grant Funds and Human Services Grants Ms. Carolyn King, Assiatant to the City Manager, stated the purpose of the Public Hearing'is to consider proposals and make determinations on the Housing and Community Development Act (HCDA) Block Grant Funds for FY 90/91 and to makeiadditional grants in general funds to human services agencies serving Saratoga residents. The City will receive an HCDA allocation of approximately $147,000 for eligible project costs to be used primarily ito benefit low and moderate income persons. $86,000 in General Fund~ is available for grant~ to non-profit agencies providing basic needs 4o the low-income and elderly. Sixteen proposals h~ve been received totaling $298,000. Staff recommendations total $211,150 of which $147,000 are from HCDA funds and $64,150 from the G~neral Funds. Staff's recommendation is based on allocating no more than $22,050 of HCDA funds for public services at this time~· Eventtally, perhaps an additional $10,000 may be utilized for public service but that is unknown at this time. Staff recommendations are divided into three categories which Ms. King reviewed in detail. S~aff recommends all HCDA public service dollars be allocated to Saratoga Senior COordinating. Council Operations proposal and smaller am6unts ·in human services from the General Funds. Discussion ensued wherein Ms. King answered various questions regarding - selected agencies to r&ceive funds and regarding Housing Development Project Funds ($10,000 !must remain in that fund). Mayor Clevenger opened ithe Public Hearing at 8:22 p.m. Cary Wi~liams, Housing for Independent People (H.I.P.) requested approvals for- both p~ojects proposed for low-income seniors and developmentally disable~ be funded. The project offers the residents permanent housing and']supportive service and intensive independent living training. He stated there is a great need for both projects. Keith Gordon, Saratoga ~Ar a Senior Coordinating Council, thanked the ~e City Council for its support through the 10 years the program has been in operation. He urged support for the requested projects. The Coordinating Council hopes to raise approximately 50% of the budget for the Senior Center Operation and the Saratoga Day Care. Donna Donahue, Long Term Care Ombudsman Program, thanked the City Council for its past ~upport. ,She reported the program's target population consists of ~aratoga residents who are frail, elderly, low- moderate income and whoi do not have anyone to speak for their rights if the Ombudsman Progra~ does not exist. She reported briefly on past accomplishments of the program and explained what the funds received are utilized for. Leta Friedlander, Execdtive Director, Live Oak ·Adult Day SerVices Program, thanked Council for its past support. Mrs. Friedlander reported her project is! a non-profit community service project which provides a program of so~ial day care for frail elderly and handicapped adults. The program ~nables them to· remain in their homes and community rather than ih institutional care. Ms. Friedlander gave to the City Council a copy ~of a study completed jointly by the United Way and the Council on Aging pertaining to adult day care. She reported on earthquake damage to the program's building which has been repaired. Janet King-Goth,·Exe tiVe Director, Senior Coordinating Council of the cu Los Gates area, thanked the City Council for inclusion into the budget for the Case Management Program. She reported on past in-home program service to the Saratoga!seniors for the past seven years and answered various questions from C?uncil regarding funding and specific services it would provide Saratoga residents. She reported that matching County funds will go only to th~se cities which provide funds. Ms. King-Goth reported that approximately 50% program clientele212 are from the Los Gates/Cambrian area, 25~ are from Campbell;'and 25% from Saratoga. Tom Reddick urged the C'ity Council to visit the senior programs and stated his opinion that many of the seniors would be willing to volunteer services where~ needed. City Council Minutes 5 February 7, 1990 No one further appearing to speak, Mayor Clevenger closed the Public Hearing at 8:50 p.m. Discussion ensued regarding recommended funding for the projects. Councilmember Stutzman suggested an increase for the Case Management Program and an increase for the Para Transit Program. Mayor Clevenger expressed concern that only 3% of the Live Oak Adult Day Care Program population is comprised of Saratoga residents. Mayor Clevenger recommended full funding for the Case Management Program. MOYLES/STUTZMAN MOVED TO FUND THE CASE MANAGEMENT PROGRAM AT $2,500; THE PARA TRANSIT PROGRAMAT $6,500; LIVE OAK ADULT DAY CARE AT $1,500; AND THE OTHER PROJECTS AS LISTED ON PAGE 3 OF STAFF'S SUMMARY OF HCDA AND HUMAN SERVICES GRANT PROPOSALS FOR FY 1990/91. Passed 4-0 (Peterson absent). B. Ordinance Regulating Toxic Gases Mr. Peacock reported this is a Public Hearing to consider the adoption of a model toxic gas ordinance developed by the Santa Clara County Fire Chiefs Association, reviewed extensively by industry and environmental groups as being adequate and acceptable by same. The goal of the ordinance is to create a system which will actively control and prevent the release of toxic gases into the atmosphere when being used for industrial or commercial purposeS, and to establish a · system of required response and emergency plans by users which wil.1 protect the community in the event of an emergency. It is hoped the ordinance will be adopted uniformly by the fifteen cities.in the County and by the County. This endeavor will be a nationwide model'and is the first attempt to uniformly regulate these kinds of substances. Mr. Peacock reported that staff gave notice to those segments of the community who could be potentially affected by the regulations contained in the ordinance. Mr. Toppel clarified that this ordinance will constitute an additional article being added to the 1988 edition of the Uniform Fire Code. Currently, the code has not been fully reviewed. Therefore, although staff is recommending introduction of the ordinance, the second reading and adoption will be postponed until the Fire Chiefs present their changes to the 1988 Fire Code. At that time, both ordinances will be placed before the Council for adoption. Mayor Clevengeropened the Public Hearing at 9:10 p.m. No one appearing to speak, the Public Hearing was closed at 9:12 p.m. MOYLES/ANDERSON MOVED TO INTRODUCE AN ORDINANCE AMENDING THE 1988 EDITION OF THE UNIFORM FIRE CODE BY ADDING ARTICLE 88 CONCERNING TOXIC GASES. Passed 4-0 (Peterson absent). C. ~earing of Any Objections to Abatement of Nuisance Declared at 12501 De Sanka on January 3, 1990 (Property owner, Winston Chew) Mr. Peacock reviewed his Executive Summary to the City Council regarding this matter and reported that the majority of the items located at the property on January 3, 1990 are still located there. Staff does not consider that the nuisance has been removed. Mayor Clevenger opened the Public Hearing at 9:15 p.m. Winston Chew, 12501 De Sanka Avenue, stated that since the January 3 Council Meeting, he has centacted a professional for assistance with his problem of collecting things. He stated he has tried to comply with staff's direction in clearing the property. He reiterated his apology and requested ~hat he be given consideration until Monday February 12, 1990 so that he could try to complete the direction without having to hire assistance. Mr. Toppel clarified that there will beno action taken by the City on the abatement before Monday. He stated the City's preference is that Mr. Chew abate the property in order to make a determination as to what City Council Minutes 6 February ?, 1990 he wishes to save or discard. If the City must abate the property; nothing will be saved.~ In response to a question from Mayor Clevenger concerning inspections of the property in order to make certain this does not happen in the future, Mr. Toppel sta~ed there is nothing in this proceeding to handle future problems. As ~art of the Community Service Officer's normal routine, the area willibe patrolled. He stated that there will be new ordinances put in place which will apply to the entire City regarding storage of personal prQperty in areas exposed to public view. MOYLES/ANDERSON MOVED T9 OVERRULE OBJECTIONS AND PROCEED WITH ABATEMENT AS RECOMMENDED BY STAFF. Passed 4-0 (Peterson absent). (Cle~k's note: As Councilmember Moyles indicated he would have to leave at 10:00 p.m., there was no recess'.) Mayor CleVenger returned to items preceding Public Hearings on the agenda. 7. NEW BUSINESS A i S A. Appeal of ,dm nl tratlve Decision to Record Notice of Code Violation (iAppellant, I. Khan) Mr. Peacock reported this appeal has been filed as a result of the Notice of Recordation 6f Code Violations on Lot 9, TraCt 7770 and as a result of an AdministPative Hearing conducted by the City Manager on January 15, 1990 wher&in it was determined that grading and tree removal violations of ~he subdivision conditions exist. Mr. Peacock referred to the documents in tonight's meeting packet. Imdad Khan, Appellant, ~ddressed the Council to reiterate that he and his wife have been innocent of any wrong doing and that he had no knowledge of the tree r~moval. He requested that Lot 9 of Tract 7770 be separated from the subdivision and dealt with separately. He stated he would cooperate fully with. the City to satisfy necessary requirements. He requested that the City hold off on the Recordation of Code Violations uHtil such time the corrective measures are completed. Mr. Toppel reported that tonight's proceedings will not affect or prevent mitigation plans by Mr. and Mrs. Khan to discuss with the City how the property will be!restored. When the nuisance is abated and the situation corrected, the Notice of Code Violation will be terminated. MOYLES/ANDERSON MOVED T~E APPEAL BE DENIEDAND THAT THE DECISION OF THE CITY MANAGER BE SUSTAINED. Passed 4-0 (Peterson absent). B. Implementation of the California Integrated Waste Management Act of 1989 (AB 939) MOYLES/ANDERSON MOVED A~PROVAL OF STAFF RECOMMENDATION TO DIRECT CITY MANAGER TO .COOPERATE WIGTH OTHER WEST VALLEY CITIES IN DEVELOPING A JOINT PROGRAM OF IMPLEMENTATION IF FEASIBLE; PROCEED TO DEVELOP INDIVIDUAL ACTION PLAN iF JOINT PROGRAM IS NOT FEASIBLE; REPORT BACK NO LATER THAN FIRST MEETING IN JUNE. Passed 4-0 (Peterson absent). C. Funding of Mazardous Waste Plan Implementation MOYLES/ANDERSON MOVED ~TO' ADOPT RESOLUTION 2575.12 INCREASING APPROPRIATIONS AND AMENDING THE FY 1990 BUDGET TO FUND CITY'S SHARE ($6,500) FOR HAZARDOUS WASTE MANAGEMENT PLAN FOR FY 1990-91. Passed 4-0'(Peterson absent). Mr. Peacock reported that the City will seek reimbursement under the State's Mandate Act. D. Authorizatioh of Publ'icity for Upcoming Hearings - Hornung Appeal; Ng Appeal; Hillside Fencing ordinance; Ordinance on Repair of]vehicles on Residential Property ANDERSON/STUTZMAN MOVED :APPROVAL OF STAFF RECOMMENDATION TO APPROVE PUBLICITY AS RECOMMENDED[ E. 'Approval of ~urchase of automobile to replace 1987 Dodge Aries which was damaged on 1/12/90'and appropriation. City Council Minutes 7 February 7, 1990 MOYLES/ANDERSON MOVED TO DECLARE THE DODGE ARIES AS SURPLUS. Passed 4-0 (Peterson absent). MOYLES/ANDERSON MOVED TO ADOPT APPROPRIATIONS RESOLUTION NO. 2575.12. Passed 4-0 (Peterson absent). ANDERSON/MOYLES MOVED TO AUTHORIZE STAFF TO EXECUTE PURCHASE ORDER TO ACQUIRE A REPLACEMENT POOL CAR FROM THE STATE OF CALIFORNIA OFFICE OF PROCUREMENT. Passed 4-0 (Peterson absent). 9. CITY COUNCIL ITEMS A. ·Items for Agenda of Joint Meeting with Public safety Commission February 13 Mayor Clevenger pointed out that she has requested that the Commission's goals and review of its past year activity be placed on that agenda. Mr. Peacock reported he will be adding discussion regarding several letters received from the community which express concern regarding height of the retaining walls at Cox Avenue. B. Drug Free Zone Signs at all saratoga Schools - Councilman Peterson CONSENSUS TO CONTINUE DUE TO COUNCILMEMBER PETERSON'S ABSENCE. C. Informal Discussion On Nelson Gardens - Mayor Clevenger Mayor Clevenger reported it has come to-Council's attention that Nelson Gardens has become available for sale and that she would like to discuss what options Saratoga may have relative to acquisition of that land. Lengthy discussion ensued regarding budget projections of long-term revenues and expenditures. Mr. Peacock reported that unless the City Council is willing to significantly reduce reserve requirements or significantly modify the Capital Improvements Program for the City, there is not much money for the purchase of open space, given the current tax structure of the City. Mr. Peacock reported on several potential funding mechanisms which have been discussed. Councilmember Anderson reported that several letters have been received from the public recommending that the issue be placed on the ballot. Mr. Peacock clarified the various options open to the Council for such an endeavor and possible costs that would be involved. Mayor Clevenger suggested the Finance Committee be requested to review the possibilities as it reviews the Capital Improvement Budget. Councilmember Anderson suggested the Finance Committee be requested to review what kind of money it would take to have the City put in an Option to Buy while the property is under study. · Councilmember Moyles said he felt the determination hasn't yet been made as to whether or not the City should acquire the property. He said he would like to have the results of the public survey regarding open space which should be available the first week in March. Councilmember Anderson pointed Out that there were a series of open hearings throughout the process involving the community wherein there seems to have been agreement that the Nelson Gardens become a community park. She felt the community showed sufficient interest that this be pursued. Mayor Clevenger suggested the Open Space Survey results be agendized for the first Council Meeting in March, along with a discussion of Nelson Gardens, and how that fits in with the Open Space survey results. Councilmember Moyles said he would assume the' Council would want to City Council Minutes 8 February 7, 1990 share survey results wl]th the Parks Commission and hear comments from them. Mr. Peacock reported on!the status of an RFP to update the Master Plan for the Parks and Trail System which will come before the Council on March 7. The outcome 6f the Open Space Survey will be considered in one of the components. Further lengthy discussion ensued regarding whether or not Council should consider obtaining an Option to Buy on the property fo~ a certain period of time.i Anne Waltonsmith, 21060[Saratoga Hills, reported on a conversation she had with a Board Member of the Nelson Foundation who indicated the Foundation had no objection to selling the garden to the City but that they had no'plans to hold it for the City. That person recommended the City contact the realty company representing the Foundation. She pointed out that Nelson Gardens has been studied for two years and felt frustrated to hear CoUnCil talk about more studies. She recommended 1) that the City appoint a representative from the Council to start negotiations to keep the property off the market, 2) that Council dedicate some money thia evening to have an assessed value completed, and 3) that the CouncilScontinue looking for creative ways to acquire funds. Donald McCrea,- 20679 R d Lane, spoke in favor of the purchase of ee Nelson Gardens and reitarated that there seemed to be consensus among the Nelson Gardens Committee that the purchase should be made. He stated it would be a crime against the people and the environment to let it be developed. ive Paul Griffith, Malcom ,A nue, stated he would like to see some commitment on the part!of the City Council. He spoke in favor of purchase of the property. Willem Kohl~, 21842 V~a Regina, spoke in favor of open space and stated the Nelson Gardens is an ideal property to preserve. He recommended council review the budget for possible transfer'of funds to purchase and then to jet funds aside, on a long-termbasis, for open space acquisitions. Max Rasmusson, Woodward Court,'stated there are objections to the purchase Of Nelson Gardens. He stated his opposition to adding this property as a park with~n a block of the existing park of Foothill SChool which, in his opinion, receives very little use except ~uring school hours. He expressed objection that the taxpayers would be paying for the upkeep if the property is purchased for park use and stated he can see no re~son to add park land if present parks cannot be maintained. He felt that any expenditure of this magnitude should beplaCed before the voters. -Betty Peck, Saratoga Avenue, thanked the City for its efforts to better SaratOga. She spoke in~support of placing an Option to Buy on the property and suggested that perhaps a- newspaper article requesting financial assistance from private donors could be considered. She reported she has had d.ai~y requests for ecology programs for students in the County. Monte' Boisen,' Lindy Avenue, stated that he believes the open space Nelson Gardens could provide is unwarranted because within a few hundred feet of that property is Foothill School and Foothill Park which are seldom utiliz&d and because the millions of dollars for acquisition, maintenance~nd liability protection for this space which is not needed, is a costly and unthinkable precedent. He urged that if Council determines'to ~cquire the property, that the issue be placed on the ballot. Discussion ensued regarding whether the City should appoint a representative to negotiate an Option to Buy. Councilmember Moyles st'~ted that ,he believes the discussion of appointing a representative pre-supposes that the Council wants the property. He felt that if the City is not in a position to purchase the property, then the City should not interfere with the listing. He stated that in his opinioD,, to appoint a representative to acquire the property would render meaningless the Council's agreement to pursue the City council Minutes 9 February 7, 1990 Open Space Survey. He urged Council not to 1) appoint a representative, 2) that Council should consult with the Commissions, 3) that Council should look at funding mechanisms and 4) Council should take a broader view of open space needs of the City. Councilmember Anderson felt that tonight's discussion was to approach the foundation to determine if there is an option to keep the property off the market. She suggested that the City consider putting aside a certain amount of funds from Capital Improvements ($500,000) and use it as a 4-1 matching fund, subject to this fund having sufficient pledges and donations to purchase the property. CONSENSUS (WITH EXCEPTION OF COUNCILMEMBER MOYLES) THAT THE CITY MANAGER WILL NEGOTIATE WITH THE FOUNDATIONS REALTOR FOR A NO-COST OPTION TO KEEP THE PROPERTY OFF THE MARKET AND THAT THE ISSUE BE AGENDIZED IN CLOSED SESSION NEXT WEEK AFTER THE COUNCIL'S STUDY SESSION. Councilmember Moyles voiced his dissent and stated he felt uncomfortable with a Closed Session. ANDERSON/STUTZMAN MOVED THAT A CLOSED SESSION ON THIS SUBJECT BE PLACED ON COUNCIL'S NEXT STUDY SESSION. Passed 3-1 (Moyles ~oted no,.peterson was absent). Brief discussion ensued regarding what role the Finance Advisory Committee could take on the issue. Mr. Peacock suggested that the Finance be requested to review what alternatives the City could take. (Clerk's note: Councilmember Moyles left the meeting at 10:45 p.m. and did not return). D. Discussion of Intergovernmental Council Dues - Mayor Clevenger Following brief discussion, there was CONSENSUS TO CONTINUE ONE MONTH. E', -Reports from Individual Councilmembers Anderson - Suggested and there was CONSENSUS TO WRITE A LETTER OVER MAYOR CLEVENGER'S SIGNATURE TO THE TRANSPORTATION AGENCY SUGGESTING THAT WASTE RECLAMATION LINES BE INSTALLED IN ROUTE 85, ROUTE 87 AS SUGGESTED BY THE STATE BUREAU OF RECLAMATION. Mayor Clevenger reported that a substitute representative is needed to attend the ICC Meeting tomorrow night in Councilmember Peterson's absence. There was consensus to take no action on the invitation to participate in the dinner honoring military personel in the Bay Area who assisted in the October earthquake response. 10. ADJOURNMENT The meeting was adjourned at 11:00 p.m. to closed session on potential litigation concerning Draft Environmental Impact Report for E1 Paseo Redevelopment prepared by City of San Jose and on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770; Claim against Robert C. Pierce et al. for damage to City property; Coalition for Hillside Protection lawsuit; settlement of Feinstein matter. The meeting was reconvened at 12:15 a.m. The City Manager announced that the City Council had authorized him to settle the claim against Robert C. Pierce et al. The meeting was then adjourned to 7:30 p.m. on February 13. Respectfully submitted, Minutes clerk /