HomeMy WebLinkAbout04-07-1990 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, March 7, 1990 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
1. ROLL CALL
Councilmembers Anderson, Peterson, Stutzman and Mayor Clevenger
present at 7:30 p.m. Councilmember Moyles arrived at 7:35 p.m. as
noted below.
2. CEREMONIAL ITEMS
A. Resolution commending Barrett Moore for service on Library
commission
STUTZMAN/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2633 COMMENDING
BARRETT MOORE FOR HER SERVICE ON THE LIBRARY COMMISSION. Passed 4-0
(Moyles absent).
Councilmember Moyles arrived at 7:35 p.m.
B. ResolUtion appointing Frances Krezek to Library Commission
PETERSON/STUTZMANMOVED TO ADOPT RESOLUTION NO. 2634 APPOINTING
FRANCES KREZEK TO THE LIBRARY COMMISSION. Passed 5-0.
Mayor Clevenger welcomed and administered the Oath of Office to Ms
Krezek and thanked her for her willingness to serve on the Committee.
3. ROUTINE MATTERS
A. Approval of Minutes 2/21
PETERSON/STUTZMAN MOVED TO APPROVE AS SUBMITTED. Passed 5-0.
B. Approval of Warrant List
ANDERSON/MOYLES MOVED TO APPROVE AS SUBMITTED. 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 March 2.
4. CONSE~FE CALENDAR
A. Planning Commission Actions, 2/28 - Noted and filed.
B. Library Commission Minutes, 2/28 - Noted and filed.
C. Finance Advisory Committee Minutes, 2/22 - Noted and filed.
D. Public Safety Commission Minutes, 2/12 - Noted and filed.
E. Parks and Recreation Commission Minutes~ 2/5 - Noted and
filed.
F. Authorization for Maintenance Director to attend National Road
and Street Conference, April 10-12 in Las Vegas, with
reasonable and necessary expenses
G. Resolution No. 2635 authorizing the Destruction of Certain
City Records
H. Final Building Site Approval, SD 89-014, Wardell Rd. (2
lots)(Robert Emami, DevelOper)
City council Minutes 2 March 7, 1990
I. Final Acceptance for SDR 1621 and Releaseof Bond, Mendelsohn
Lane (Developer, G. Adorador)
5. Final Acceptance and Notice o~ Completion for Reconstruction
and overlay Of certain city Streets ~GradewayOonstruction
K. Approval of Request for PropoSals and Authorization to
Advertise for Bids for Landscape Architect/Park Planner to
· . develop Park and Trail Master~Plans
bETERSON/ANDERSON MOVED TO APPROVE THE CONSENT CALENDAR. Passed 5-
0.
= 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Mark ~ocir, I12795 Saratoga-Sunnyvale Road, asked why the crosswalk
and'the pedestrian signal were removed from the intersection of
Pierce Road and Saratoga-Sunnyvale Road.
Mayor Clevenger directed staff to respond to Mr. Kucir by letter or
-.to inform him if the item must appear on a future agenda.
Steve DeKeczer, 13415 Pierce Road, S~ratoga, explained that over 30
accidents have occurred in the past 13 years on Pierce Road near his
-. home. He addressed the Planning Commission regarding the problem at
which time the developer agreed to do more work on those street
corners. Mr. DeKeczer described a 12-inch wide raised gutter strip
· along the roadway which reduces the already narrow corners by more
than a foot causing a traffic bottle~neck and a danger to bicyclists
who can no'longer move off the roadway to avoid'cars. He urged that
'the situat~0n be immediately rectified before serious injury or death
occurs.
'!= Mr. SteVen Emslie, Planning Director,' reported that the conditions of
the subdivision required the developer to widen Pierce Road. It was
~ widened'in strategic locations to pr6mote safety, tree preservation
and minimal grading. The Planning Commission reviewed and approved
the plan which the City has implemented. The City Engineer has
conversed'with the Developers to complete the appropriate widening
for'maximum safety.
I~ response to a suggestion by Councilmember Peterson that the matter
be placed before the Public Safety C6mmission, Councilmember Anderson
agreed with Mr. DeKeczer that the matter needs immediate attention.
Mayor Clevenger agreed and directed staff to look into the matter
i~mediately.
B. WRITTEN COMMUNICATIONS
1) - Louise Blake, lS610McCoy Avenue, with objections to recycling program.
· Mayor Clevenger reported that she has received calls from residents
objecting to recycling and noted that' today's newspaper carried
comments,on that subject. Mayor Cle~enger commended Mr. Todd Argow,
Community Services Director, for excellent replies to letters where
he haS-indicated the recycling projec't is State mandated.
Councilmember Anderson felt that the ireply to Ms. Blake should
include reference to the landfill costs as well as information
..regarding the City of San Jose's marketing effort for recycled goods.
Councilmember Anderson felt that the Council should somehow address
the misconception that the City of Saratoga is making money off
recycled goods and is then charging the public.
CONSENSUS TO DIRECT STAFF TO SEND REPLY INCLUDING COUNCILMEMBER
ANDERSON'S SUGGESTION.
City Council Minutes 3 March 7, 1990
6. OLD BUSINESS
A. Ordinance regulating vehicle repair= this ordinance would
modify existing regulations to the time and place vehicle
repairs can occur in.residential zones (continued from 2/21)
Councilmember Moyles expressed concern with the provision in
paragraph B1 as too strict. He felt that homeowners and their
relatives should not be restricted from repairing automobiles at
their homes.
Councilmember Anderson felt that to remove the provision would be a
problem because the ordinance is meant to address those persons who
repair automobiles as a business at their homes.
ANDERSON/PETERSON MOVED TO READ BY TITLE ONLY, WAIVING FURTHER
READING, AND ADOPT ORDINANCE NO. 71.73 AMENDING SECTION 9-50.010 OF
THE CITY CODE CONCERNING REPAIR ON VEHICLES ON RESIDENTIAL
PROPERTIES. Passed 4-1 (Moyles voted no).
B. Ordinance regulating fencing on hillsides; this ordinance
would create an exemption from the existing 4,000 sq.' ft.
fencing limitation on a neighborhood basis through a petition
and hearing process before the City Planning Commission
(continued from 2/21) (first reading and introduction)
Mr. Peacock reported that Council held a public hearing on the matter
at the last meeting. However, because there was no majority in favor
of introduction, the ordinance was not introduced. Therefore, it has
been agendized for tonight.
Discussion ensued regarding what procedure should be followed since
the hearing was closed at the last meeting. Mr. Peacock stated that
because this matter was a public hearing, Council should give proper'
notice of the matter for another hearing.
Mayor Clevenger stated that the item will be agendized for a public
hearing at the April 4, 1990 Council meeting. She invited those
persons who felt they would not be present at that meeting to address
the Council tonight.
Ms. Ronnie LeCroute, Secretary, Parker Ranch Homeowners~ Association
(PRHOA), reported that for the past 11/2 years members have tried to
get changes made which would allow the homeowners to fence more than
4,000 square feet of their properties (1-3 acres). She testified
that landscaping is continually eaten by the deer and stated that
over 75% of the homeowners have voted for increased open-style
fencing. She requested neighborhood control over fencing~ that open-
fencing be allowed enclosing not more than 60% of each property and
said the existing 65 acres of open space would remain entirely open.
Ingrid Sywack, 12860 Starridge Court, President of PRHOA reiterated
much of the earlier speakerrs comments and urged Council to pass the
ordinance.
Dora Grens, Old Oak Way, spoke of changes in allowances for variances
for size 6f homes, setbacks, fencing, etc., since moving to Saratoga
28 years ago. She gave a listing of landscape materials which deer
do not eat. She said she wonders why the game plans have changed so
much when so many residents were willing to play by rules which were
made for a very good reason.
Ms. Pat Cooker, worker for the Youth ScienceInstitute of Los
Gatos/Saratoga, spoke to environmental issues stating that the
natural habitat is being destroyed by contractors removal of natural
flora and fauna and has been replaced by exotics. She urged the City
must to keep the balance of nature in mind for the future.
Bernard LeCroute, 12832 Starridge Court, agreed with comments made by
Ms. Cooker regarding the environment. He believes the homeowners
City Council Minutes 4 March 7, 1990
should have the right to landscape and to do so would require fencing
because the deer in the area are outof control. He urged approval
of the proposed ordinance as it would allow the homeowners enjoyment
of property without destroying the environment.
Frank Herdwick, Treasurer of the PRHOA, stated that as an
environmentalist he is concerned with the ozone layer. The planting
of more trees on the Saratoga hillsides can only better the area
preventing a fire hazard, and preventing erosion. He urged approval
of the,neighborhood ordinance.
Pamela Lavin, 15450 Pepper Lane, a 20-year volunteer with the
WildlifeDepartment of the Humane Society of Santa Clara, discussed
her concerns for thedeer. She spoke of possible injury which could
result from open-fencing. She recommended that an Environmental
Study be completed on the issue.
Mayor.Clevenger moved the agenda to Public. Hearings, since the hour
o~ 8:00 p.m. had passed.
PUBLIC HEARINGS
A. Objections by the property owners to the order of abatement of
nuisance - Certain lots within Tract 7770 and certain property
located adjacent to said tract (extensions of Old Oak Way and
' Chlquita Way) (continued from~2/21)
'IBecause ofpossible conflict, Councilmember Peterson stepped down for
the. hearing of this item and abstained from voting.
M~yor CleVenger opened the Public He~ring at 8:15 p.m~
In ~esponse to a question from Mr. Phil Williams, Mayor Clevenger
reported that Council has a copy of his earlier letter which was read
into the record as well as a copy of]the verbatim transcript of that
.public hearing.. ~
Phil Williams, 12161 Parker Ranch Road, Saratoga, read verbatim a
subsequent~letter dated March 7, 1990 expressing outrage at the
'delays, and frustration which he believes the City has caused him.
He Said. although the City has indicated some changes have occurred
and-.a final,plan was being typed, he[has not yet received any
indication from the City that such aiformalized plan exists. He felt
the Citylhas not been effective in managing the developer adtivities
~ and requested that his lot be removed from the public nuisance
category. .if'that can't be done, he,requested that Council provide a
.reasonable plan to allow him to movelforward. He requested a
· response from the City as he felt helhas had none over the last 11/2
months. *
Mayor Clevenger indicated to Mr. Wil~iams that the.response he Qants
has not been forthcoming because the City must make sure that the
problem which has occurred in the hillsides is not compounded.
Council is not in a position to respond as this issue is in court.
Jack Gunn, Co-Council, representing Anthony and Carolyn Cocciardi,
addressed the Council, stating that the $4.7 million lawsuit filed
against the-City had been dismissed.! Mr. Gunn distributed copies of
the filed endorsed dismissal of action pending against the City.
Mr. Gunn explained in detail how the:sitUation occurred. He stated
the violation which occurred in November 1989 was inadvertent and
unfortunate and attributed the cause~to: the earthquake (due to a
substantial2 amount of work which the.inspector was given); the
inspector who was unable to be at th~ site to monitor the job after
October 17 until the neighbors reported grading activity after
November 1 (after the winter grading'moratorium).; a slightly over-
.zealous contractor who was rushing to get work completed before the
.winter moratorium - the workers admittedly, wrongfully removed dirt
from lotS?l,2,10 and 11 without specific permission, and because of a
key-cut property adjacent to lot 11.~ The key cut was necessary in
city council Minutes 5 March 7, 1990
order to protect that lot from drainage problems and to introduce
less slope of the land. He said he believes the key-cut issue can be
resolved now or after the winter moratorium.
The erosion control plan has been submitted and Anthony and Carolyn
Cocciardi are prepared to cooperate to make sure the land is
environmentally in good condition and safe for the downhill owners.
He requested an opportunity to work with City staff without formal
threat of prosecution for the nuisance pending and asked that the
City defer legal abatement action to allow his clients to arrive at a
plan to beautify the lots and to get City approval of appropriate
home sites and to have appropriate grading done. He proposed that
his clients submit, at their cost, a full landscaping plan which will
allow for more, better, and healthier trees than those that were
removed illegally. He maintained that the trees removed were not
particularly healthy, large or beautiful trees.
In response to a question from Councilmember Moyles regarding whether
or not the developers have given any consideration to Mr. William's
circumstances and in rendering any assistance to him, Mr. Gunn stated
that the developer wants to help Mr. Williams by cooperating with the
City. He said that although he is not sure of exactly what the City
has requested from Mr. Williams by way of abatement, his clients
would be happy to work with the Council and staff to try and resolve
the problem as quickly as possible. Councilmember Moyles requested
that staff give Mr. Gunn all the information the City has requested
of Mr. Williams so there are no communication problems, if Mr. Gunn
is truly willing to follow up on the offer.
Councilmember Anderson agreed that Mr. Gunn work the problem out with
Mr. Williams. She stated that, regarding the statements made
referring to the inadvertent movement of dirt, Mr. Cocciardi was
supposed to have been at the site. Mr. Gunn stated that Mr.
Cocciardi was not present at the site at all times but had given
general instructions for the engineers to proceed with the necessary
grading and movement of dirt to put the streets in and that it was
not a willful violation.
Councilmember Stutzman questioned the landscaping plan and asked if
the mature oak trees would be put back. Mr. Gunn said the
landscaping would include new young trees on the lots. He said he
believes the environmental loss has been exaggerated as to the number
of trees removed. He felt there weren't very many removed.
Willem Kohler, 21842 Via Regina, stated that if Mr. Gunn wishes to
cooperate, it would be appreciated if he put back the mature, large
oak trees and pay the proper fines.
Allan Chadwick, 13539 Mandarin Way, reported that as the owner of 5
lots in the subdivision, he felt it is unreasonable that the City
allowed the title company to title the lots off individually in
individual's names and felt that it is no longer a "subdivision". He
believes that it is not right that he or any other individual should
be blamed for what somebody else has done to their own private
property. He stated he is not responsible and requested that his 5
lots be released from the public nuisance category and said his lots
should never have been included.
Mr. Peacock referred to Page 2 of the Engineer's Report included in
the meeting packet. The matrix, is the status of each lot and the
violations under the public nuisance resolution passed by the City
Council. He concurred with the City Engineer's opinion that only
lots 5 and 8 do not have an existing public nuisance status. Minor
items need to be taken care of on lots 4, 6, and 7, which can
probably be dealt with very quickly.
Mr. Peacock reported that a letter was received from Kurt Anderson,
who has been retained by Mr. Khan. He has requested that Council
allow him sixty days to design a restoration plan for approval by the
City in order that he may begin work.
City Council Minutes 6 March 7, 1990
Mr. Peacock discussed the time-table~in this matter in detail. He
recommended that at the close of the hearing the City Council
establish conditions for abatement of the nuisance, establish a time
limit to abate and continue the hearing on abatement to a date
certain to determine the progress made to abate the nuisance as
defined. At that time Council can, if it so wishes, either declare
furtherslots to have been adequately. abated and removed from the
abatement process. If dissatisfied With the progress on any of the
lots, Council would have the authority and power to order the City to
abate the nuisance. Mr. Anderson has suggested a continuance for
sixty days, to the May 2 Council meeting,
In response to Councilmember Anderson, Mr. Peacock stated'there are
no fines under nuisance abatement. The fines relate to the. Civil and
criminal actions.
M~.'~Hal'T~ppel, City Attorney, agreed with Mr. Peacock's statements
and"further stated that this is an issue which is best discussed in
closed'session.
Mr.' Peacock stated that the municipal code is very specific in its
reference to trees and discussed the. municipal code provisions in
'detail.'
-Mr. ~eacock stated that in staff's opinion the nuisance abatement on
lots. 5 and 8 should be removed because there are no violations. He
recommended that Council continue the hearing for 60 days to consider
'declaring a public nuisance. However, since some of the properties
will be abated within the next few weeks, he requested that staff
'have the authority to return to the Council torecommend removal from
the public nuisance as the lots are abated.
'MO'Y~ES/ANDERSON MOVED THAT THE RESOLUTION OF NUISANCE BE RESCINDED ON
LOTS 5 AND8~ Passed 3-0-1 (Stutzman abstained'and Peterson did not
· partiCipate in the vote.
CONSENSUS TO CONTINUE THE HEARING TO~MAY 2, 1990 TO CONSIDER
DECLARING A ~UBLIC NUISANCE ON THE REMAINING LOTS AND AS VIOLATIONS
ARE ABATED, STAFF BE GIVEN AUTHORITY.TO PRESENT RESOLUTION WITH
FINDINGS TO COUNCIL FOR CONSIDERATION.
:CONSENSUS THAT THE CITY MANAGER RESPOND TO MRS. NIEMAN'S LETTER
REGARDING DAMAGE TO HER PROPERTY, WITH INFORMATION FROM CITY
MANAGER'S REPORT PRESENTED TO COUNCIL LAST FRIDAY.
Maygr Clevenger declared a recess at=9:15 p.m. Upon reconvening at
9:35 p.m. the same Councilmembers and staff were present.
B. Denial of design review approval to construot an 1855 sq. ft.
~second story addition to an existing single story home for a
.total of 5879 sq. ft. in the R-1-40,000 zone district at 20040
Bella Vista Ave. (DR 89-114) (Appellant/applicant, Ng)
CONSENSUS To CONTINUE TO 3/21 AS REQUESTED BY APPELLANT/APPLICANT.
-
~.'May~r clevenger returned to items preceding public hearings on the
-.agenda.'
6. OLD~BUSINES8, Cont,d.
c. ReSolution modifying decision.of Planning commission
-. concerning Nieman appeal of Dymand lot line adjustment, design
'review and variance heard 11/1 and 11/15 (Continued from 2/21)
f
Doug Adams, representing the Appellants, Bernard and Luanne Nieman,
commented on a letter from the SaratOga Fire'Chief in which it was
indicated that herbicides could be used for abating the weeds. Mr.
Adams pointed out that possible health and safety problems could
occur because of the steep slope on the property. He maintained that
the best way to abate the weeds is to have an access granted to the
City Council Minutes 7 March 7, 1990
Dymand property.
Virginia Fanelli, representing Mr. and Mrs. Dymand, reiterated that,
based on the information received from the County's weed abatement
program that weeds on large parcels can be abated by the County,
because Fire Chief Kraule indicated in a letter that access is not
necessary for fire protection, because of the many concerns expressed
by the neighbors and because of Mr. Dymand's concern of a cloud on
his title, requested that Council pass the resolution upholding the
Planning Commission's approval and denying the appeal.
Councilmember Stutzman felt that although after speaking with Fire
Chief Kraule, the fire hazard concern is no longer an issue but he
strongly believes there should be some access for the Niemans.
Councilmember Anderson reiterated that Fire Chief Kraule indicated he
was not concerned from a fire standpoint, and because the County
indicated they could do the weed abatement she felt she could not
make the findings that an access is required. She was assured by the
County that the Nieman property would be placed on the list for
abatement.
Mayor Clevenger stated she felt an access to the Nieman property is
not too much to ask for.
MOYLES/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2636 UPHOLDING A
DECISION OF THE PLANNING COMMISSION. Passed 3-2 (Clevenger/Stutzman
voted no).
D. Resolution granting Hornung Appeal heard 2/21
In response to a concern from Councilmember Stutzman, Mr. Toppel
clarified that Paragraph C of the Resolution addresses the planting
along the rear portion of the yard which must be done before a
building permit is issued to the Hornungs.
Councilmember Anderson stated that she walked the property and is
satisfied with the Resolution.
CLEVENGER/ANDERSON MOVED TO APPROVE RESOLUTION NO. 2637 REVERSING A
DECISION OF THE PLANNING COMMISSION. Passed 4-0-1 (Moyles abstained
due to his absence at the last meeting).
E. Ronald R. Esau, santa Clara Valley Water District, requesting
comments on .proposed resolution concerning potential water
quality impacts on solid waste landfills (continued from 2/21)
Mr. Peacock suggested that Council endorse points 2 and 3 of the
Resolution but that point 1 should be deleted in its entirety or
language should be included referring to all other sources of
groundwater contamination which should be discouraged from being
placed near aquifers.
MOYLES/ANDERSON MOVED TO ADOPT THE CITY MANAGER'S REPORT AND RESPOND
TO THE SANTA CLARA VALLEY WATER DISTRICT AS SUGGESTED
F. Congestion Management Plan Agency - Memorandum from Joint
Committee on Congestion Management Plan
Mayor Clevenger reported that the West Valley Cities of the Cities
Association are hoping to have a change in the Plan; that is, that
any project within the boarders of San Jose must have a 2/3 vote of
the group to pass and she requested Council's support of that
position.
Councilmember Peterson stated that this issue will have far-reaching
affects regarding land use decisions for every City in the County and
urged the Councilmembers to become familiar with the issue.- He
supported that position mentioned above by Mayor Clevenger.
Discussion ensued.
City Council Minutes 8 = March 7, 1990
Mr. Peacock reported that today a letter was received from the City
of Gilr0y City Council detailing concerns regarding the structure,
power and authority being proposed as being significantly beyond what
the KatzBill, AB471, suggests.
There was no objection to Chairperson Clevenger presenting Council's
position on the matter as earlier stated.
Mr. PeacoCk reported that the Congestion Management Plan Proposal
will be agendized for the March 13 adjourned regular meeting.
G. ' Open Space Survey - Nelson Property Acquisition
'i
CLEVENGER/ANDERSON MOVED TO CONTINUE THE-OPEN SPACE SURVEY REVIEW TO
THEAPRIE~18 COUNCIL MEETING. Passed 5-0.
Discussionehsued regarding whether or not it is necessary to order
an'appraiSal on the Nelson property.'
Councilmember Moyles clarified that he would rather wait for the Open
Space Survey results before-considering the issde; he did not see the
'necessity for an appraisal. Becauseihe felt the rest of the Council
had purposes that required an appraiaal, however, he would vote for
it as an accommodation.
'~Councilmember Peterson requested cla½ification as to what the Council
would learn from anappraisal because the property is in the
-Williamson Act and the appraisal would be based on that current
circumstance.
~Cou~cilmember Anderson felt that the~appraisal would serve as a tool
for Council and for the Finance Committee.
ANDERSON/STUTZMAN MOVED TO ORDER AN ~PPRAISAL. ON THE NELSON PROPERTY
~AT A COST NOT TO EXCEED $2,500. Passed 4-1 (Peterson voted no).
7. NEW BUSINESS
· A~ '~ Pu~kkcity for upcoming Hearings - Appeals of Waller, Blum,
'Pool'and Levin; Ordinance strengthening development review'
MOYLES/CLE~ENGER MOVED TO APPROVE PUBLICITY AS RECOMMENDED BY STAFF.
Passed.5-0.
B. Expiration of Terms on Heritage PreServation commission
MOYLES/CLEVENGER MOVED TO DIRECT STAFF TO ADVERTISE AS RECOMMENDED BY
STAFF. Passed 5-0.
C. Approval of Contract with wildan Associates for Assistant
Planning Services until Permanent Replacements can be found
MOYLES/STUTZMAN MOVED TO APPROVE CONTRACT. Passed 5-0.
9. CITY COUNCIL ITEMS
A. RepOrts from Individual Councilmembers
Peterson - reported on a meeting held with Senator Rebecca Q. Mgrgan
regarding the proposal to allow parents the choice of schools.
Although the Senator indicated she could not get a District Bill on
the issue~ Councilmember Peterson stated it is his hope that Council
will continue the endeavor.
Peterson - reported that "The Last P6p" event is sold out.
M0yles - reported he would give a report on his trip to Japan after
the Hakone-Foundation Board Members have had a chance to discuss
same.
City Council Minutes 9 Ma~2h 7, 1990
Moyles - reported on his meeting with Senator Morgan regarding the
Cocciardi problem. Her staff will be evaluating whether it is
possible to increase the penalties for this type of violation and
will be reviewed with next year's legislation.
Clevenger/Anderson - discussed the selection of the color for the
walls along Freeway 85. Mr. Peacock reported that there is much
controversy over what the choices for the walls are and that it is
possible the VisUal Design Guidelines Task Force will reconvene.
Block Color "C" was chosen by the Council for soundwall color through
Saratoga.
Clevenger - requested that Council members to attend the April 10
Library Commission Study Session.
B. Discussion of Intergovernmental Council Dues - Mayor Clevenger
In response to Mayor Clevenger, Mr. Peacock reported that information
has not yet been received regarding how the dues will be spent. No
action was taken on this item.
C. Hillside Zone Sewer service surcharge - Mayor Clevenger
Mayor Clevenger reported that Campbell, the Town of Los Gatos, and
the County have been firm in stating that they want a Hillside
District. Monte Sereno and Saratoga do not wish to have the Hillside
District implemented as it will cost $50.00 a year more for
residents.
Mayor Clevenger reported that septic system abandonment programs in
Saratoga are proceeding.
10. ADJOURNMENT at 10:35 p.m. to closed session on potential litigation
concerning Draft Environmental Impact Report for E1 Paseo
Redevelopmerit prepared by City of San Jose; illegal grading,
clearing and tree removal on Cocciardi/Chadwiok development, Tr.
7770; right of way acquisition negotiations - John Kahle (Project
924) Median Landscaping Saratoga/sunn~vale Rd.
The Council ~econvened after the closed session. They ordered the
City Manager to negotiate providing improvements to the Kahle
property in an amount not to exceed $15,000 in exchange for a deed of
right of way of equal value. The Council also authorized the City
Attorney to meet with attorneys from Mr. Cocciardi to discuss what
terms Cocciardi is willing to offer to the City in exchange for
dismissal of the lawsuits against Cocciardi; directed him to continue
settlement negotiations with the City of San Jose; and indicated that
the Mayor would be responsive to meeting with the San Jose
Councilwoman from the E1 Paseo district, but the City Attorney and
City Manager from Saratoga should be in attendance.
At 11:30 p.m. the meeting was adjourned to March 13, at 7:30 p.m. for
a joint meeting with .the Planning Commission and to discuss other
specific items: Quarry Creek, the Congestion Management Plan, the
water rationing ordinance, and the E1 Paseo litigation.
Vicki Lindema~V
Minutes Clerk