HomeMy WebLinkAbout06-06-1990 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, June 6, 1990 - 7:30 p.m.
PLACE: Civic Theater, 13777 [ruitvale Ave.
TYPE: Regular Meeting
1. ROLL CALL
The meeting was called to order by Mayor Clevenger at 7:30 p.m.
Councilmembers present: Anderson, Moyles, Stutzman, and Mayor
Clevenger.
2. CEREMONIAL ITEMS - None.
3. ROUTINE MATTERS
A. Approval of Minutes - 5/14; 5/16; 5/29
Mayor Clevenger requested that on page 3, of the minutes of May 16,
1990, Mayor Levy, be changed to Meyer.
Councilmember Anderson pointed out that the May 16 minutes showed she
did not support four lanes on Quito Road and had recommended a public
hearing be held on the issue.
PETERSON/MOYLES MOVED TO APPROVE THE MINUTES OF MAY 14, 1990, MAY 16,
1990, AND MAY 29, 1990, AS AMENDED. Passed 5-0.
B. Approval of Warrant List
PETERSON, STUTZMAN MOVED TO APPROVE THE WARRANT LIST 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 June 1.
4. CONSENT CALENDAR
A. Planning Commission Actions, 5/23 - Noted and filed.
B. Library Commission Minutes, 5/23 - Noted and filed.
C. Public Safety Commission Minutes, 5/14 - Noted and filed.
D. Authorization to advertise for bids for street sweeping
contract.
E. Authorization to advertise for bids for City Hall
janitorial services
F. Landscaping and Lighting District LLA-1 for FY 1990-91:
Resolution 2649.2 of preliminary approval of Engineer's
Report~ Resolution 2649.3 of intention to order levy and
collection of assessments and setting hearing for said
District
G. Ordinance 71.76 On fencing to separate commercial and
residential uses and setting tim~ limit. to comply with
o~e~to ~l<~%te-~r-em~lese~asbc~tf~iners~-in commercial
zones (second reading and adoption).
H. Ordinance 71.77 granting community Services Officers
concurrent authority with the County to enforce animal
control regulations and increasing requirements for control
and confinement of dogs (second reading and adoption)
(Clerk's note: See discussion below.)
I. Acceptance of Grant Deed, lots 35 and 36, Tract 8316 - Open
Space Dedication (san Marcos Heights subdivision) and
Authorization of City Manager to execute Grant Deed on
behalf of City
city council Agenda. . 2 June 6, 1990
J. Resolution 2657 upholding Planning Commission decision in
case of Pierce/waller heard 5/16
K. 1990 Street Maintenance Program: Declaration of Graham
Contractors of San Jose as the lowest responsible bidder;
-Award of contract to Graham contractors in the amount of
$306,235.52; Authorization of City Manager to execute
change orders to the contract in an amount not to exceed
$46,000.
L. Authorization for attendance of Councll and City Manager
'at League of California Cities Mayors and Council Executive
Forum in Monterey, July 1s-20, with reasonable and
.necessary expenses per Section 2-10.180 of the Saratoga
Municipal code
(Clerk's note: See discussion below.)
M.~ Authorization for attendance of one Councilmember and one
City staff member at 1990 International Open Space
~ ConferenCe, September 22--26, 1990, in Palo Alto, ~with
reasonable and necessary expenses per' section 2-10.180 of
· the Saratoga Municipal Code
N. Authorization for attendance of Chief Building InspectOr
at Annual ICBO Business Meeting, Septemberg-14, 199~ in
Denver, with reasonable and necessary expenses per Section
2-10.180 of the Saratoga Municipal Code
O. Appointment of Joe Eskeldson as City Representative to
County Housing and COmmUnity Development'Citizens Advisory
Committee and Resolution 2658 commending Richard Brooding
for service on Committee
Councilmember Anderson requested that Item No. 4H be removed from the
Consent Calendar. Mayor Clevenger removed Item No. 4L from the Consent
Calendar atthe request of Mr. Victor Monia.
PETERSON/ANDERSON MOVED TO APPROVED THE CONSENT CALENDAR, WITH. THE
.EXCEPTION OF ITEMS 4H AND 4L. Passed 5-0.
4. CONSENT CALENDAR (discussion of items removed from Consent
Calendar
Item 4.L. Mr. Victor Monia initiated discussion and made three
suggestions, as follows:
1. That expense documents be provided within the Agenda relating
to the League of California Cities.Mayors and Council Executive
Forum in Monterey, on July 19-20, specifically, the Cost of the
.trip, and the financial impact to the City.
2. That a policy be implemented to require that members, upon their
return from attendance at conferences and forums, of this
: nature, provide information relating to the forum, an expense
statement and a statement regarding personal growth and the
City's benefit for such attendance.
3. That he ~ h~ ~,~a ~ this exDense, since he will not be
a~endln~. "
Mayor Cleven~er stated that all these requests cannot be addressed this
evening, however, that when Mr. Monia takes his seat on the Council,
he'can ihitiate these actions.
Councilmember Stutzmanconcurred with Mr.'Monia's suggestions stating
.that ~hese'!trips need to be evaluated.
Mayor Clevenger suggested that Item 4M, relative to the 1990
International Open Space Conference might need the same consideration.
.Mr..Tom Reddick queried relating to Council's attendance at other
City Council Agenda 3 June 6, 1990
cities' conferences and was opposed to sending anyone to Denver.
Councilmember Anderson noted that issues to be considered a~ the League
of California Cities Forum included a three hour information item
regarding the Brown Act and expressed surprise that any Councilmember
would not want to attend.
ITEM 4.H. - ANDERSON/MOYLE8 MOVED TO MOVE THIS ITEM TO OLD BUSINESS.
Passed 5-0.
ITEM 4.L. - ANDERSON/MOYLE8 MOVED TO AUTHORIZE COUNCILMEMBERS AND THE
CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND
COUNCIL EXECUTIVE FORUM IN MONTEREY. Passed 5-0.
CONSENT CALENDAR II CLAIMS
A. Claim of Trisha Christensen in the amount of $375 for
incident where automobile was allegedly scratched by City
tree trimming on April 17, 1990, in Village Parking
District #1
PETERSON/MOYLES MOVED TO REFER CLAIM TO CITY MANAGER FOR SETTLEMENT.
Passed 5-0.
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Mr. Bert Martel, 14420 Fruitvale Avenue, expressed concern relative to
the Budget approved by a "lame-duck" Council. He requests that Budget
approval be referred to the new Council for approval.
Mayor Clevenger explained the budget process and why this is not
possible, that new Councilmembers may amend the adopted Budget.
Mr. Tom Reddick discussed the budget review process, and noted his
opposition to a pre-approved budget.
Mr. Steve de Keczer read his letter dated June 4, 1990, regarding the
dangerous situation in front of his house. He.expressed his anger at
the Council's disinterest in mitigating this matter and requested
immediate action.
Bill Sheridan, 19766 Lisa Avenue, discussed moving the curb at Kevin
Moran Park back and requested that lighting be placed along the
overpass. The City Manager informed Mr. Sheridan of the City's plans
to provide the necessary lighting.
B. WRITTEN COMMUNICATIONS
1) Request from Library Commission for City Council
support of AB 3381.
There being no objection, Mayor Clevenger was authorized to sign the
draft letter supporting AB 3381.
2) Dennis B. Lyden, 19911 saraglen Ct., with questions
about joint powers agreement for stadium.
Mayor Clevenger discussed the ~oint powers agreement and noted that
~k~ will_ respgn~;.to.D~nnis.Ly4en,s.~U~iQn_s,.._~f
objection. No objections were noted.
3) Alan J. Halverson, 12390 Woodslde Dr., objecting to
noise from leafblowers.
Mayor Clevenger informed the Council that the Planning Director has
prepared a draft reply on the status of revisions to the noise
ordinance.
Councilmember Anderson noted that she has been approached by citizens
regarding their' opposition to the noise and the gasoline generated by
leafblowers.
City council Agenda 4 June 6, 1990
Discussion ensued relative to the leafblowers and the appropriateness
of this ordinance. There being no objection, the Mayor authorized Staff
to transmit a draft reply on status of ordinance revision to Mr. Alan
Halverson.
4) Ralph Reinker, Westhope Presbyterian Church, 12850
Saratoga Avenue, requesting waiver of sign permit fee.
City Manager Peacock provided a brief background of the requested
waiver.
Councilmember Moyles asked about the conflict between Church and State
with reference to waiving a fee for this sign permit. In response,
City Attorney Toppel indicated that there would be no conflict since
fee could apply to this church as a non-profit organization.
Councilmember Peterson stated that a precedent had been set due to the
waiver for. the school across the street and suggested approval of the
.request.
STUTZMAN/PETERSON MOVED THAT THE REQUEST FOR WAIVER OF A SIGN PERMIT
FEE BE APPROVED. Passed 5-0.
7There being. no objections, the Mayor moved to Item 8, Public MeaFin~s
at 8:00p.m.
8. PUBLIC HEARING8
~ A. Adoption of the Revised Budget for Fiscal Year 1990-91
1)' Resolution adopting the revised budget for fiscal year
1990-91
.Mayor Clevenger requested that the City Manager explain to the public
why the budget requires approval prior to incoming Councilmembers'
taking their seats.
City Manager'Peacock reviewed the presented the budget and explained
the following:
- the lengthy process of the budget review
- the State and Federal government processes
· - difficulty in interfacing with other agencies
difficulty of changing the Fiscal Year
that the assessment district must be made no later than July
and that there would be no spending authority after than time;
and,
that the budget must be adopted in order to pay for ongoing
services and personnel costs _
Mayor Clevenger noted that 18 changes were made to the previous budget.
Councilmembers Anderson noted that amendments could be made by the new
Council, if necessary, and, that new Councilmembers would be over
burdened if they had to adopt the Fiscal Budget immediately upon taking
office. '-
The City Manager noted that the submitted budget. reflects all
adjustments previously recruested bv th~ Council.. Further, he
continued to June 20, 1990.
Mayor Clevenger opened the public hearing at 8:12 p.m.
Mr. Tom Reddick expressed opposition to approving the budget prior to
new Councilmembers taking their seats and requested an annual review.
Mayor Clevenger clarified that there is currently an annual review
which is on a two-year cycle.
Bill Carlson, Bella Mia Restaurant, Big Basin Way, noted his letter
previously presented to the Council and requested that the City match
City Council Agenda .5 June 6, 1990
the funding raised by the Saratoga Host Association for promoting the
downtown village. Further, he stated that if the downtown area were
promoted, that the City would be receiving more tax revenue.
Councilmember Peterson commended Mr. Carlson on his efforts.
City Manager Peacock noted additional activities that Mr. Carlson has
been involved in that provide benefit to the City. He requested that
he be authorized to respond to the request.
Mr. Bert Martel, 14402 Fruitvale Avenue, asked if the Community
Services Department would utilize the Sheriff's Department of Internal
Affairs as it applies to Community Services Officers.
Mayor Clevenger continued the public hearing to June 20, 1990.
City Manager Peacock updated the Council regarding its request that
funding be provided for household hazardous waste as mandated by the
State. Me noted that he asked other cities about accelerating joint
efforts relative to this issue and that the response was less than
enthusiastic. He reported that most cities are waiting to see 'what
the County will do and that there may be a problem carrying out the
mandate four times a year.
Mayor Clevenger stated that this is one item that the new Council will
discuss.
Councilmember Anderson asked if the City is precluded from sharing with
other cities outside of the West Valley Area and the City Manager
stated that it is not.
B. Appeal of approval of design review to construct a one-
story 1453 sq. ft. office building located within the CH-
2 zone district at 14629 Big Basin Way. Building site
approval is necessar~ to demolish an existing aged
residence and construct an entlrely new structure at this
location. Use permit approval is requested to allow
professional office space located at street level and
having street frontage within the Commercial Historic Zone
district per Ch. 15 of the City Code. Variance approval is
also requested to allow an S ft. tall fence along the west
side property. line and to allow a free-standing site
identification sign. (Appellants, Van Derveer, Wagner,
Boscoe; applicant, H. Davies) (DR90-006; SD90-001; UP90-
001; V90-012)
Planning Director Emslie reviewed the staff report regarding the appeal
of the Planning Commission decision to approve the above-mentioned
application. He noted that Planning Commission approval was based upon
the following:
- design was compatible with the surrounding structures;
- office use is a permitted use in the area;
- on a 3-2 vote the requested height was approved; and
- staff is recommending that the appeal be denied.
Discussion ensued relating to allowable height, which the Planning
Director stated was 26 feet for commercial buildinge in the OH-2 zoning
district.
M~vor Clevenaer oDene~ the huhlie h~ ~ ~:q2 D.m., and the
ifollowlng concerns were accep~eu~
Ms. Holly Davies, applicant, addressed the Council and requested
support for her proposal noting adjacent residences concern regarding
the height 0f the building. She displayed a model of the building and
stated that she feels that the height is not excessive; that the design
is in conformance with the Village Plan; that the plan provides fencing
for the protection of the neighbors; and that obscure glass windows
will be placed on the resident side of the building for the same
reason. Further, overhead transparencies were provided of the last
proposal, a two-story office structure and photographs were circulated
showing surrounding areas.
City Council Agenda 6 June 6, 1990
Ms. Davies, responding to Councilmember Peterson's question relative
to her futhre plans'for the site, stated that she is reviewing the
possibility of placing a small residential unit in the rear of the lot.
Discussion ensued between Councilmembers Peterson, Stutzman and Staff
relative to the creekside slope and the remaining lot area.
Ann Wagner, 14611 Big Basin Way, addressed the Council in opposition
to the proposal noting that the building design is similarto a barn
and that its placement on the street is inappropriate, that the
b~ilding is-too high. She requested that the fencing be made of boards
that Overlap.
Councilmember Peterson asked the Architect Ms. Kaye Schmidt what the
pitch of the roof was. She responded that the pitch is 9/12.
Barbara Van-Derveer, 114611 B Big Basin Way, provided photographs with
overSays to illustrate the size of the proposed building and noted her
opposition to the proposal was based upon massiveness, closeness to the
street, and. limiting her privacy. She requested a soundwall due to
noise and complimented Councilmembers for taking the time to visit the
site=prior to this meeting.
Mary B6scoe,'14611 D Big Basin Way, addressed the Council in opposition
of the.proposal, providing illustrations and photographs comparing t~e
Surrounding area and noting her position that the submitted plan is
only a partial plan, that Ms. Davies plans to further develop the site,
~hat a soundwall is necessary, and, that the height should be limited
· so as notto. impair the residence's light, air and view.
Discussion ensued between Councilmembers, the applicant and the project
architect regarding landscaping, lowering the grade, parking, proximity
to the street, placement of the driveway and walkways and lowering of
the building height. Ms. Schmidt noted that lowering of the roof
height.would adversely effect the building integrity.
CounCilmember StUtzman suggested that the driveway be moved to the
.eastside of the building, specifically to reverse the building
~Iocation.
Noone further appearing to speak, Mayor Clevenger closed the public
hearing.
'Councilmember Peterson Supported the building design but expressed
~boncern regarding the height of the structure,.and the request for
construction'of a soundwall. He noted that he is not supportive of a
soundwalllin'the village area.
'CounCilmember Anderson supported' Dr. Stutzman's suggestion regarding
setting'Ithe building'back and placing the driveway on the other side
of the building, "a mirror image of the plan presented."
Mayor Clevenger objected to limiting the amount of greenery around the
structure,,the building height, and the setback of only 15 feet from
the street. She believed that reversing the building is not enough.
Councilmember Stutzman was supportive of the reversal idea and noted
that the design is very tastefully done. Further, he opposedlowering
the roof line.
~ou~lm~e='Mo~l~-~ggze~d. ~f~hCnunsilmer~b_er Stutzman's observations
and asked'the applicant to respond to the alternative suggestion
regarding lowering the building two feet in grade level.
Mrs. Davies noted the following concern:
- access for the handicapped would be limited;
- landscaping would be concealed; and
- the oak trees would have to be'eliminated
In response to Councilmember Peterson's question r&garding parking,
Ms...Schmidt stated that reversal of the building would not cause
3roblems with parking, that the Fire Department's request for access
could be provided.
city Council Agenda 7 June 6, 1990
PETERSON/STUTZMAN MOVED TO DENY THE APPEAL AND APPROVE THE PROPOSED
PROJECT MODIFIED TO CREATE A MIRROR IMAGE OF THE BUILDING LOCATION AND
REQUIRE THAT LANDSCAPING BE PLACED ON BOTH SIDE8 OF THE FENCE, WHICH
WILL BE CONSTRUCTED OF OVERLAPPING BOARDS. Passed 4-1, Mayor Clevenger
voting no.
The City Council recessed at 9:15 p.m., and reconvened at 9:30 p.m.,
with all Councilmembers present, except Councilmember Peterson who
stepped down due to a possible conflict of interest relative to the
next agenda item.
C. Actions pertaining to certain lots within Tract 7770 and
certain property located adjacent to said tract (extensions
of Old Oak Way and Chicluita Way) (continued from May 2)
1) City Engineer's report on status of violations.
City Engineer Perlin provided an update of the s~atus of the violations
on all lots and requested that the Council proceed with their review
of the restoration plans.
2) Planning Director's report on restoration plans.
Planning Director Emslie reviewed the staff report and recommended
approval of the restoration plans for Lots 3 and 9; release of lots 5,
7 and 8 from the nuisance abatement proceedings; continuance of the
nuisance abatement proceedings for Lots 1, 2, 4, 6, 10, 11 and APN 503-
12-24 to a later date.
In response to Councilmember Anderson's question relating to whether
release of the recommended lots from abatement proceedings, City.
Attorney Toppel noted that this release of these properties would not
release any pending lawsuits with respect to on-site.and off-site
measures, that no lending institution would lend money to develop such
properties and that no building permits would be approved until all
abatement issues are satisfied.
Mr. Emslie then proceeded to the restoration plans for lots 3 and 9.
He discussed replacement of trees, noting that the two mature trees
removed on lot 3 could not be replaced with trees comparable in size,
therefore, these trees would be replaced with twelve trees for
restoration of the property. He noted that grading would be necessary
on both lots.
Discussion ensued between Councilmember Anderson and Mr. Emslie
relative to tree measurements.
Councilmember Stutzman compared replacement of two mature trees with
twelve smaller trees with replacing two antique cars with twelve
smaller cars of lesser value. He stated that he would prefer that the
mature trees be replaced with trees of th~ same size or that financial
restitution should be made.
The City Manager explained that there is a factor of survivability to
consider regarding transplanting trees of the same size. Further, he
noted that the ordinance is very specific relating to calculating the
values relative to tree size and that the monetary value of the trees
removed must equal the monetary value of the replacement trees.
Councilmember Stutzman asked where the ordinance initiated.
City Manager PeacoCk stated that the ordinance originated from the City
and that it could be changed.
The City Attorney cautioned that the ordinance, if changed, would not
impose an ex post facto penalty.
Councilmember Anderson asked if the Planning Department investigated
nurseries to see what the largest trees available are.
Mr. Emslie stated that the size of the trees removed exceeds what could
be procured and brought to the site.
City Council Agenda S June 6, 1990
Mayor Clevenger opened the public hearing at 9:50 p.m.
Bill bheridan addressed the Council and requested that the City Council
initiate action now rather than dragging this issue out for years which
would allow erosion to continue destroying the land.
Tom Reddick requested that the smaller trees be put in place as soon
as.possible to mitigate the erosion and noted that larger trees might
not survive the transplant..
Luanne Nieman, 11317 Padere Court,-expressed concern that due to the
lack of easement, City personnel still have to travel through her
property to evaluate the situation. She stated that the jute netting
is ro~ling up, there is erosion of the hillside and there were several
other trees removed that are not being considered due to their smaller
size.
Shelly Williams, Brookridge Drive, noted that he witnessed a twenty
fnch tree moved by a developer and that the tree later 'died. He
expressed concern that requiring the developer to provide trees of the
same size would not mitigate the current problems and that the
developer could be still be penalized.
Vince. Garr6d noted opposition to Council suggestion that trees of the
same size be required due to problems of transplanting these trees and
he noted that larger trees, when transplanted, are unstable and Could
fall down.
W~llem Kohler stated that several smaller trees were also destroyed
and that their replacement should be noted as well.
There being no further public comment, Mayor Clevenger closed the
public hearing at 10:00 p.m.
The City Manager suggested since staff review of the restoration plans
has not yet been completed for lots 1, 2, 10, 11 and the Williamson Act
Parcel, that this item be continued relative to those lots and that
the grading.restoration process be allowed to begin on lots 3 and 9.
The City Engineer concurred with the City Manager's suggestion.
Councilmembe~ Anderson requested that Barry Coate, the City
Horticulturist, be present to answer questions from the City Council,
before taking further action on the landscaping restoration.
On order of the Mayor, there being no objection, it was decided to
continue the public hearing on this item to July 24, 1990, for further
discussion regarding tree replacement on lots 3 and 9, that lots 5, 7
and 8 be released from the nuisance abatement proceedings, and Council
review of the plans for lots 1, 2, 10, 11 and the Williamson Act parcel
be continued to July 24.
The City Manager requested that he be authorized to revise the
previously established deadline schedule for restoration work.
ANDERSON/MOYLES MOVED TO APPROVE THE GRADINGRESTORATION PLANS FOR LOTS
.3 AND 9 AND ALLOH THE LOT OWNERS TO PROCEED WITH THE WORK. Passed 4-
0-1, Councilmember Peterson abstaining.
Councilmember Moyles requested that Item 6C be heard next; there was
no objection.
6. OLD BUSINESS
C. Route 8S: Saratoga Creek te Los Gates Creek - Quite Road
Overcrossing
Mr. WilI Kempton, Santa Clara County Traffic Authority, addressed the
Council relating Route 85 stating that the Traffic Authority would like
to proceed with its plans to begin a two lane bridge on Quite Road.
Councilmember Anderson asked whose financial responsibility it would
be to widen the bridge if at sometime in the future it was found
necessary~ In response, Mr. Kempton stated that he believed that the
City Council Agenda 9 June 6, 1990
City of San Jose would be responsible sfnce the property is located in
San Jose.
Further, Mr. Kempton noted Mr. Moyles would be leaving the Traffic
Authority and commended him for his contribution in obtaining Measure
A Funding.
Mr. Ralph Ramona, 871 Casa Blanca Lane, addressed the Council stating
that.the only access to Highway 85 would be via Saratoga Avenue and he
stated that this would create a bottle-neck effect. He urged the
Council to consider the decision carefully.
Mr. Robert Wilson, Melba Court, noted that he and his neighbors are
glad to see that Quito Road will not belwidened and supported the
Traffic Authority's position.
Bill~Sheridan noted opposition to the Traffic Authority's position.
Ms. Jenner, 13861 River Court, expressed opposition to widening of
Quito Road.
Councilmember Anderson suggested that this item be continued for a
public hearing process.
Mr. Kempton was not supportive of this idea due to impacts on the
schedule. Me noted that there would be a community meeting to discuss
other issues in the late summer.
Discussion continued regarding whether a two lane bridge would be
appropriate.
PETERSON/STUTZMANMOVED TO ACCEPT THE TWO LANE BRIDGE PROPOSAL. Passed
5-0.
Councilmember Anderson suggested clarification to the General Plan and
the City's Master Plan.
The City Manager suggested that a motion be apprcved that would require
the resolution and map be brought back to the City Council at its next
mmeeting amending the plan line for Quito Road north of Pollard from
90 feet to 60 feet. There being no objection, it was so ordered by
Mayor Clevenger.
The Council considered Item 4.H. under Old Business at this time.
H. Ordinance granting COmmUnity Services Officers concurrent
authority with the County to enforce animal control
regulations and increasing requirements for control and
confinement of dogs (second reading and ~doption).
Councilmember Anderson, in order not to burden property owners with
unnecessary hardship, requested that the Ordinance amending Section 7-
20.020 of the City Code concerning enforcement of animal control
regulations, Section 2, (b)(2) relating to the height of the fence, be
reworded so that fence height be indicated as five feet or more as
opposed to six feet.
Mr. Bill Sheridan opposed this suggestion.
ANDER~ON/STUT~MAN MOVED TO AMEND THE ORDINANCE NO. 71.77 OMITTING
SECTIO~ T-T~r.OF';SUB~CTI0~ ~"~0NC~E~f~f~G CONTRO~ O~'DO~ ~.~ENYTEU
TO EXCLUDE SECTION 2, (b)(2) OF SECTION 7-2~.02~ OF THE CITY CODE
REWORDED TO INDICATE FENCE HEIGHT OF 5 FEET OR MORE AND TO ADOPT THE
ORDINANCE AS AMENDED, BY TITLE ONLY, WAIVING FURTHER READING. Passed
5-0. ~
6. OLD BUSINESS (continued)
A. Implementation of the Callfornla Integrated Waste
Management Act of 1989 (AB 939) - Progress Report
(continued from 2/7)
The City Manager reported that implementation of AB 939 be continued
City Council Agenda 10 June 6, 1990
to July 10, 1990, in order to develop a program.
B. Discussion of Reimbursement for Meetings for which Council
representative is not presently reimbursed
There was consensus to table this item.
C. (Considered on previous page.)
D. Memorandum of Understanding with VITA re: Rent on City-
'owned building
The City Manager reported on the status of understanding with VITA,
noting that they have been making payments and will be current by July.
ANDERSON/MOYLES MOVED TO AUTHORIZE THE CITY TO EXECUTE MEMORANDUM OF
UNDERSTANDING ON BEHALF OF THE CITY. Passed 5-0.
E. AB 2766 (ShoE) - Letter from Air Quality Management
District requesting support
Mayor Cievenger discussed her trip to Sacramento to lobby for passage
of AB 2766. She informed the Council that funding may be provided to
City that already have an Air Quality Management plan in order a~d
requested that she be authorized to transmit a letter in support of
this Assembly Bill. ~
PETERSON/MOYLES MOVED TO SUPPORT AM 2766. Passed 5-0.
7. NEW BUSINESS
A. ,Disclosure of Information on commission Applications
The City Attorney reported that it is possible to adopt a local
regulation relative to public disclosure of information, however, he
stated, there is a provision relative to the right of privacy.
DiscUssion ensued relating to what information should be made public
and the consensus was that address and telephone numbers and references
should be kept private.
ANDERSON/MOYLES MOVED TO PROVIDE INFORMATION ON COMMISSION APPLICATIONS
TO THE PUBLIC AFTER THE TELEPHONE NUMBERS AND ADDRESS ANDI REFERENCES
HAVE BEEN DELETED. Passed 5-0.=
B. Rescheduling of Selectlon of Youth Commission Members from
June 20, 1990, to september 19, 1990
on general consensus of the council, the reschedullng of Selection of
youth Commission Members was approved.
C. Reschedule Annual Meeting with Hakone Foundation Board
On general consensus of the Council, the meeting schedule was revised
as recommended.
D. Intergovernmental Council and Santa Clara County Cities
Associatioh Organization Update
The council received information from the City Manager concerning
~r~nization update~
Mr. Peacock suggested that the Council providea date for swearing in
of new Councilmembers. The date of July 5, 1990, was mentioned,
however, no date was agreed upon. It was agreed that future
Councilmembers. Monia and Kohlerwould discuss a convenient date with
Vice Mayor Stutzman.
E. Approval of contract for preparation of Environmental
Impact Report by STA Consulting Services for Paul Masson
Mountain Winery 10-lot subdivision proposed by
C011ishaw/Marocco developers in the amount of $69,270
City Councll Agenda 11 June 6, 1990
8TUTZMAN/MOYLES MOVED TO APPROVE THE CONTRACT FOR PREPARATION OF THE
ENVIRONMENTAL IMPACT REPORT BY STA CONSULTING SERVICES. Passed 5-0.
F. Publioity for Upcoming Hearings - Senior Facility Site; Air
Quality for Masson Senior Project
MOYLES/PETERSON MOVED TO APPROVED PUBLICITY FOR UPCOMING HEARINGS AS
RECOMMENDED. Passed 5-0.
9. CITY COUNCIL ITEM8
A. Reports from Individual Councilmembers
Mayor Clevenger reported on the meeting she attended relative to the
stadium being moved the Santa Clara.
Councilmember Stutzman cautioned that according to an article in the
newspaper, there would be no financial return for at least 30 years.
Councilmember Anderson requested that the issue brought to the
attention of the Council by Mr. de Keczer be investigated.
Councilmember Peterson concurred and noted that he was jogging in that
area and felt it was a problem. ,
City Engineer Perlin stated that he would investigate the issu~ and
report back to the Council at its next meeting.
Councilmember Anderson requested that the City Engineer notify Mr. de
Keczer that the situation is being investigated.
10. ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
Respectfully submitted,
Karon Shaban
Minutes Clerk