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HomeMy WebLinkAbout02-20-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 20, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 p.m. - Closed session on potential litigation on Lightner Appeal (Refer to item 6-A.) 1. ROLL CALL Mayor Stutzman called the meeting to order at 7:30 p.m. Councilmembers Present: Clevenger, Vice Mayor Kohler, Monia, and Mayor Stutzman. (Councilmember Anderson arrived as noted below.) 2. CEREMONIAL ITEMS A. Resolution 91-14 commending Barbara Wood for service on Library Commission. MONIA/CLEVENGER MOVED APPROVAL. PASSED 4-0. Mayor Stutzman read and presented the resolution to Ms. Wood. B. Resolution 91-15 appointing Towse and reappointing Krezek and Peacock as Members of Library Commission. MONIA/KOHLER MOVED APPROVAL. PASSED 4-0. C. Administration of Oath of Office to above. City Manager Harry Peacock administered the Oath of Office to Ms. Towse and Ms. Krezek. (Ms. Peacock was not present.) 3. ROUTINE MATTERS A. Approval of Minutes - 2/6; 2/12 CLEVENGER/MONIA MOVED TO APPROVE MINUTES OF FEBRUARY 6, 1991, AS WRITTEN. Referring to page 4, line 11, Vice Mayor Kohler clarified he is against the utility tax and at the same time, he is against spending more money for the City Hall expansion. MOTION PASSED 4-0. CLEVENGER/MONIA MOVED TO APPROVE MINUTES OF FEBRUARY 12, 1991, AS WRITTEN. PASSED 4-0. B. Approval of Warrant List MONIA/CLEVENGER MOVED APPROVAL. PASSED 4-0. C. Report of City Clerk on Posting of Agenda Mr. Peacock announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 15. 4. CONSENT CALENDAR MONIA/CLEVENGER MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEM 4-G. PASSED 4-0. A. Planning Commission Actions, 2/13 - Noted and filed. B. Heritage Preservation Commission Minutes, 11/7, 12/5 Noted and filed. C. Resolution 91-16 denying Shuffle appeal heard 2/6. D. Ordinance 71.91 to allow certain cellular telephone City Council Minutes 2 FebrUary 20, 1991 transmission structures (with those between 40 and 65 feet high being subject to a use permit) in the Commercial and Professional Office Zone District (second reading and adoption.) ~E. Resolution 91-17 abandoning storm drainage easement on Lands of Francone. F.Resolution 91-18 declining to accept offers of dedications for street purposes, Tr. 6454 (Kendall.) G. Landscaping and Lighting Assessment District LLA-i: Adoption of schedule for meeting with property owners of the areas proposed to be annexed into District for FY 1991-92. Item removed from agenda for discussion by Councilmember Clevenger. She questioned why some of the parcels on the map in the agenda packet were left out. City Engineer Larry Perlin responded to Councilmembers's questions. Following discussion, CLEVENGER/MONIA MOVED TO INCLUDE TRACTS 3738, 2969, 1938, 1695, 1644, 5233 AND 4967 IN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ANDTBAT THE~ BE DIVIDED BETWEEN THE COX AVENUEAND PROSPECT AVENUE ZONES SO THAT BOTH ZONESANE ASSESSED EQUALLY. PASSED 4-0. H. Resolution MV-196 authorizing installation of stop sign at Glen Brae Drive/Hammons Ave. I. Authorization for attendance of City Engineer at League of California Cities Annual Public Works Officers Institute, Monterey, March 6-8, with reasonable and necessary expenses. J. Proclamation on Santa Clara County Community Development 'Week. ' K. Proclamation on Science Fair Week. L. Treasurer's Report - January. M. Investment Report - January. N. Financial Report - January. O. Hakone Foundation Fund Raising - January 1990; Disbursement Report - January 1991. CONSENT CALENDAR II - Claims A. Claim of Burton in connection ticket for parking in handicapped space. CLEVENGER/MONIA MOVED TO DENY CLAIM. PASSED 4-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Dora Grens, 13451 Old Oak Way, referred to a newspaper article regarding the Council; she expressed her admiration and respect for the Council and the good job Council is doing. B. WRITTEN COMMUNICATIONS 1) George K. Godlewski, 20773 Hillmore Drive, requesting inclusion of a bicycle path from Cox Ave. to Congress Springs Park along Route 85. Mr. Peacock reported that the Council received letters from Supervisor Dianne McKenna of the Santa Clara County Board of Supervisors and Jim Stallman of the Santa Clara Valley Bicycle Association in support of City Council Minutes 3 Februar~ 20, 1991 the bicycle path. Mr. Peacock said that he has been in contact with Will Kempton of the Santa Clara County Traffic Authority and Mr. Kempton is aware that the City might be sending the proposal to the Traffic Authority. CONSENSUS TO REFER TO STAFF TO PURSUE WITH CALTRANS AND SANTA CLARA COUNTY TRAFFIC AUTHORITY. 2) Ann Fitzsimmons, Saratoga Village Association, P.O. Box 725, requesting placement of flags along Big Basin Way. KOHLER/MONIA MOVED TO APPROVE REQUEST. Mr. Peacock announced that the City received a letter from the Saratoga Rotary Club today requesting permission to place yellow ribbons around the City until the Persian Gulf conflict is over. MOTION AMENDED TO INCLUDE APPROVAL OF YELLOW RIBBONS PROVIDED THAT STAFF DIRECT OR APPROVE WHERE THEY ARE TO BE PLACED. PASSED 4-0. 3) Barbara Poe, 19951 Lannoy Ct., and Edita Yagol, 19970 Lannoy Ct., with petition requesting installation of Traffic Signal at Saratoga Avenue/Herriman Avenue. Mr. Perlin summarized the Staff Report dated February 20, 1991, to the City Council. Responding to Vice Mayor Kohlerts question regarding accidents, Mr. Perlin replied that the City has no record of accidents at the location. MONIA/CLEVENGER MOVED TO REFER TO THE PUBLIC SAFETY COMMISSION FOR ANALYSIS AND RESPONSE BACK TO COUNCIL. PASSED 4-0. 6. OLD BUSINESS A. Appeal of denial of tentative map approval to subdivide a 2.67 acre lot at 12297 Saratoga-Sunnyvale Road into one two-acre multi-family parcel and two .3-acre parcels for commercial use; use permit to allow a 26-unit multi-family residential development within a Commercial Visitor zone district; design review approval for the entire project; variance approval to allow the two commercial structures to encroach into rear yard setbacks, with the associated Negative Declaration (Appellant/applicant, Lightner Peninsula Townhomes) (SDg0-003) (continued from 2/6). City Attorney Michael Riback reported that the City Council met in Closed Session earlier tonight to discuss legal issues raised by the developer, Bill Lightner, at the City Council meeting of February 6, 1991. Mr. Riback said that after considerable research, he has advised the City Council that as a result of recently amended State law, the City Council is precluded from denying the housing project based on density or from reducing the density of the project and then approving it, since the project density is in compliance with the City's General Plan. Responding to Councilmember Monia~s question, Mr. Riback said that his opinion to the City Council relates only to the density issue and the parking issue is a matter which the City Council may still consider. Bill Lightner addressed the Council as appellant/applicant, and said that to address the commercial parking issue, he is willing to reduce the size of the two commercial structures from 8500 square feet to a total of 7500 square feet. By doing so, the plan would add six parking spaces to the commercial area for a total of 32 parking spaces for the 7500 square feet, or a ratio of 1:234. Mr. Lightnet stated he prefers to maintain the two lots split upfront without any restrictions as to the retail use that the units might have. The applicant is also willing to continue with the agreement that Peninsula Townhomes would contribute to a new traffic signal if it is added to the street intersection. A discussion ensued regarding the motion made at the February 6, 1991 City Council Minutes 4 February 20, 1991 Council meeting pertaining to the Lightner project. CONSENSUS THAT ACTION TAKEN BY CITY COUNCIL ON FEBRUARY 6, 1991, TO CONTINUE THIS MATTER WAS AN INTENT TO RECONSIDER THE MATTER. MONIA/CLEVENGER MOVED APPROVAL BA~ED ON MODIFICATION OF PARKING RATIO TO i:234, REDUCING THE SQUARE FOOTAGE OF THE COMMERCIAL AREA FROM 8500 TO 7500 AND AN AGKEEMENT IN w~ICH PENINSULA TOWNHOMES WILL PARTICIPATE IN INSTALLING A TRAFFIC SIGNAL AT AN APPROXIMATE AMOUNT OF $65,000. ADDITIONALLY, RESOLUTION DR-90-034 IS TO BE INCLUDED IN THE AGREEMENT. THE ARCHITECTURAL RENDERING IS ALSO TO BE INCLUDED IN THE AGREEMENT AS PART OF THE APPROVAL. Councilmember Monia stated he would like to follow up later with the issue of the Zoning Ordinance not complying with the General Plan. Mayor Stutzman raised the issue of impact on public health because of the potential problem with water rationing and added density. He noted that the Negative Declaration had been issued before the potential problem became a consideration. He agrees that the architectural rendering should be a part of the agreement so that the final project meets with the configuration of the rendering, which he described as beautiful. Vice Mayor Kohler emphasized the importance of making City ordinances consistent with the City's General Plan and for the City to consider making the necessary changes. MOTION PASSED 4-0. Mr. Emslie referred to Mr. Lightner's remark regarding deleting the restrictions of retail use that the Planning Commission had drafted. Mr. Emslie asked for clarification of the motion. Responding to Councilmember Clevenger's question, Mr. Emslie replied that parking is not going to be a problem and the restriction is unnecessary. CONSENSUS TO REMOVE THE PLANNING COMMISSION'S RESTRICTION REGARDING RETAIL USE AND PARKING. MONIA/CLEVENGER MOVED TO APPROVE THE NEGATIVE DECLARATION. PASSED 4- D. Administrative Regulations for Villa Montalvo Mr. Peacock announced that the Council ~eceived a letter today from John DiManto dated February 19, 1991, regarding Villa Montalvo. Mr. Peacock presented the Staff Report dated February 12, 1991, to the Council. Lon Allan addressed the Council as President of the Villa Montalvo Association. He said he met with staff and discussed interim conditions which Montalvo feels properly address the traffic and noise concerns. Councilmember Clevenger noted that Montalvo's draft proposal was received by Council tonight and asked Mr. Allan to point out the differences in Montalvo's draft proposal and Staff's recommendations. Mr. Allan presented an overview of Montalvo's recommendations which include deletion of Staff recommendations numbered 6, 8, 10, 11, 12, and 13. He stated that some of the Staff recommendations are punitive in tone and inappropriate. He explained each point, noting that Villa Montalvo Association cannot cede to the City of Saratoga's jurisdiction through a use permit over Montalvo's 75% land located in the County of Santa Clara. Mr. Allan emphasized that Montalvo's relationship with the County is vital for Montalvo's survival. The County of Santa Clara contributed between $600,000-750,000 last year, and the City of Saratoga budget would not allow the City to support Montalvo at the level it needs to be supported. Mr. Allan said that Montalvo is agreeable to complying with the City's City Courtell Minutes 5 February 20, 1991 interim conditions regarding noise and traffic for the entire 175 acres of Montalvo. Mr. Allan reported that a meeting with the Sheriff and Fire Chief went very well. Montalvo has engaged sound engineers to review placement of instruments on the stage to minimize the sound. A contractual clause has been put in every agreement with each artist scheduled for next season that they must strictly comply with 51 dba levels. Councilmember Monia asked about Staff items #8 and #12 pertaining to a conditional use permit. Mr. Allan responded that a use permit would be inappropriate because of Montalvo~s relationship with the County. He stated that Montalvo has told artists that if they exceed the noise level, the concert will be stopped. Vice Mayor Kohler questioned the legal ramifications regarding the use permit. Mr. Allan commented that Montalvo's attorney has presented a legal objection for a use permit to the City. Mr. Riback said he has reviewed the letter from Montalvo~s legal counsel. He disagrees with the letter and expressed his opinion that the City of Saratoga could impose a use permit requirement on property which highly impacts the City area. Ricardo Wanka, 15486 Madrone Hill Road, stated that from the beginning it was the neighborhood~s position that noise decibels be rolled back to the 1986-87 levels. Mr. Wanka urged the Council to direct Montalvo to comply with the 13 conditions as outlined by Staff. Councilmember Anderson arrived at 8:35 p.m. Wolfandre Wanka, 15486 Madrone Hill Road, stated that Villa Montalvo is located in an environmentally-sensitive and noise-sensitive area. He referred to the dangerous fire season as a result of the critical drought. If the drought continues, the park is going to be a hazard to the neighborhood. John Delmare, 15221 Piedmont Road, requested that the City vote in favor of a conditional use permit. He said that the neighborhood is not advocating 1990 noise levels. He asked that all events at Montalvo be monitored. Winifred Miller, Saratoga resident, addressed the Council as a neighbor surrounding Villa Montalvo. She questioned the measuring of the decibel level at the property line. She said that the property line between Montalvo and the neighbors is considerably below the performance level and residents~ level. In response to Councilmember Clevenger's question, Mr. Allan replied that the decibel level applies to any function held at Villa Montalvo. Discussion ensued regarding measuring noise levels. Mr. Peacock remarked that measuring of noise levels will be worked out by Staff and the Sheriffle Department. Jean DiManto, Saratoga resident, addressed the Council as a neighboring property owner of Montalvo. She spoke on behalf of Mr. John DiManto and read the five items outlined in Mr. DiManto's letter dated February 19, 1991, to the City Council. Mayor Stutzman briefly described Villa Montalvo~s background and alluded to a time when it was almost lost to development. He sees Montalvo as the cultural center of Saratoga. He has met with the Montalvo Association, Mr. Allan, and the neighbors, and feels that both sides have justifiable issues. Mayor Stutzman noted that it is important that Villa Montalvo continue to have the level of · performances that they have had in the past in order to maintain financial viability. City Council Minutes 6 February 20, 1991 Mayor Stutzman commented that the City cannot mitigate all noise levels, but the agreement outlines a very workable approach. He opposes a use permit and feels that an agreement is appropriate. He expressed that the more serious issue is the County's involvement in the matter. Should the County reduce or eliminate Villa Montalvo's funding, the City could be faced with a dilemma of being unable to support Montalvo or losing it to development. Be said that the document submitted by Montalvo covers the essential points and gives the City the control to carry out the regulations. If the regulations are not followed, the City can always impose a use permit or other stringent measures. Vice Mayor Kohler referred to Senator Phelan's intended use of Villa Montalvo and stated that the concerts and events have gotten out of hand. Mr. Kohler stated that he feels the first priority is the welfare of the neighbors. He agrees with the 13 interim conditions recommended by Staff, and continuing to work out a solution on the use permit. Councilmember Anderson stated that Montalvo has made a good faith effort to talk with neighbors, Mayor Stutzman'(who is a neighbor of Montalvo), and Sheriff's Department. She is willing to try an interim agreement without a use permit. She noted that the City will get reports on events held during the summer and adjustments can be made then. Councilmember Clevenger .said that the best practical solution is to proceed with the proposal submitted by Montalvo. She prefers. to try an interim agreement beneficial to the City, Montalvo, and the neighbors. Councilmember Monia remarked he is looking for what could be a reasonable document for the neighbors, the City, and Montalvo. He feels that neither proposal restricts the County in what it wants to do in the park. He said the issue comes down to the use permit. He supports the use permit because that is the function by which the City can regulate non-complying events for. use of the facilities. Councilmember Monia said he also supports Staff recommendations. MONIA/KOHLER MOVED TO PROCEED WITH STAFF RECOMMENDATION ON 13 POINTS CONCERNING VILLA MONTALVO ASSOCIATION. MOTION FAILED 2-3 (ANDERSON, CLEVENGER, STUTZMAN OPPOSED.) CLEVENGER/ANDERSON MOVED TO ADOPT DRAFT INTERIM AGREEMENT AS PROPOSED BY VILLA MONTALVO ASSOCIATION. PASSED 3-2 (KOHLER, MONIA OPPOSED.) Mayor Stutzman declared a recess at 9:05 p.m. Upon reconvening at 9:15 p.m., the same Councilmembers were present. Mayor Stutzman moved the agenda to item 8A. 8. PUBLIC HEARINGS - 8:30 p.m. A. Appeal of denial of design review approval to demolish an existing one-story home and construct a new 4,120 sq. ft. one-story structure at 14071 saratoga-sunnyvale Rd. in the R-l-10,000 zone district (Appellant/applicant, Rinaldo)(DR90-048.1) Mr. Emslie summarized the Staff Report dated February 14, 1991, to the city council. The Public Hearing was opened at 9:20 p.m. Alfred Rinaldo addressed the Council as appellant/ applicant. Mr. Rinaldo presented a history of the project, referring to a previous appeal denied by the Council. His architect has redesigned a new structure to meet the City's regulations. The latest plan requires the removal of two trees; however, the City Arborist has ruled that the trees are healthy and recommended that they not be removed. Mr. Rinaldo said he is entitled to a fair impartial hearing. Me stated he does not feel it is fair for Council members to attend Planning Commission meetings, and for him to appear before the Council after City Council Minutes 7 February 20, 1991 .Council members have heard the Planning Commission proceedings. Mr. Rinaldo stated he has made every effort to accommodate the City's needs. He has tried' saving the trees, but redesigning the property around the trees is a big factor. He encouraged Council to grant the appeall Councilmember Monia explained his interest in attending Planning Commission meetings. Vice Mayor Kohler objected to Mr. Rinaldo's alluding that Council members are prejudiced because they attend Planning Commission meetings. Responding to Vice Mayor Kohler's question, Mr. Riback replied that there is absolutely no prohibition against a City Council member attending a Planning Commission meeting and observing as a citizen. A discussion ensued between Council members and Mr. Rinaldo regarding the trees. With no further testimony, the Public Hearing closed at 9:33 p.m. Councilmember Clevenger remarked that the Deodara Cedar tree is not very attractive, and hopes other Council members agree to remove the tree. She pointed out that for the house to be moved ten feet closer to Saratoga-Sunnyvale Road would put the house out of alignment to the dwelling located next door. Councilmember Anderson stated that she visited the site today. She is not willing to approve removing the Redwood tree. It would take very little to redesign the family room to save the Redwood. She said Mr. Rinaldo should be allowed to build the one-story house with the same setback as the house next door. Councilmember Monia agreed with Councilmembers Anderson and Clevenger. He feels that the applicant should make an adjustment to save the Redwood tree and remove the Deodara. Vice Mayor Kohler said that he agrees with the report from Barrie Coate, City Arborist Consultant, and is in favor of upholding the Planning Commission decision. Mayor Stutzman stated that he would not object to removing the Deodara, but the Redwood tree needs to be preserved. ANDERSON/MONIA MOVED TO APPROVE THE APPLICATION WITH MODIFICATION THAT APPLICANT ACCOMMODATE THE FAMILY ROOM AROUND THE REDWOOD TREE AND THAT APPLICANT BE ALLOWED TO REMOVE THE DEODARA CEDAR TREE TO BE REPLACED WITH A SUITABLE NUMBER OF TREES AS SPECIFIED BY STAFF. PASSED 4-1 (KOHLER OPPOSED). Mr. Rinaldo was directed to come back to the Council within two weeks with a revised plan showing the modifications. B. Appeal of denial of variance to allow 58.36% impervious coverage on a 12,960 sq. ft. parcel for the addition of a new swimming pool, deck, concrete patio, walkways, and a pool equipment accessory structure where 55% impervious coverage is allowed and for a reduction of the side yard setback to 7 ft. where 10 ft. is required for the placement of a 3-ft. high, 20 sq. ft. pool equipment accessory structure in the R-1-12,500 zone district at 13073 Glen Brae Dr. (Applicant/appellant, Grotzinger)(V90-036) Mr. Emslie summarized the Staff Report dated February 15, 1991, to the Council, and responded to questions from Council members. The Public Hearing was opened at 9:50 p.m. Bill Grotzinger addressed the Council as the applicant/appellant. Based on professional advice, he said that a retaining wall is necessary to prevent erosion, support the fence, and provide adequate usable yard. These special circumstances and other limitations prevent the practical placement of the pool equipment in other locations. City Council Minutes 8 February 20, 1991 Using an overhead projector, he described the three conforming locations proposed by the City. The Grotzingers do not agree with the alternatives. Mr. Grotzinger said that granting a variance does not adversely impact the neighbors and does not impede anyone's health, safety or welfare. He indicated where he prefers the pool equipment location. He asked the Council to grant the variance. Mr. Grotzinger submitted a letter from his neighbor, Michael Hunt, 13049 Glen Brae Avenue, Saratoga, in support of the project. Eddie Loayza, 2096 Stone Avenue, San Jose, addressed the Council as the Project Landscape Contractor. He explained it is more practical to place the pool equipment on the side yard because placing it behind the retaining Wall will cause the pump to eventually burn-out. He said that the retaining wall is necessary because of the different elevations on the lot. Mr. Loayza responded to questions from Council members. Mayor Stutzman suggested undergrounding the equipment. Mr. Loayza responded that undergrounding the equipment would create a drainage problem, and there would be no way to pump out the water. Eddie Bracher, 19542 Chardonnay Court, Saratoga, addressed the Council as the Grotzingers' neighbor. Mr. Bracher supports the project. He noted that none of the neighbors have protested the plan. Mr. Grotzinger again addressed the Council, and reiterated that the people who would be most affected by the plan would be the Hunts, and they support the plan. With no further public testimony, the Public Hearing was closed at 10:08 p.m. In response to Councilmember Monia's request, Mr. Emslie reviewed the conditions for upholding the Planning Commission's decision. Vice Mayor Kohler asked if there is a precedent in which the City has allowed locating the pumping equipment as proposed by the Grotzingers. Mr. Emslie responded that in the past 2 1/2-3 years, there has been no precedent. Mr. Emslie said that the test in finding a unique circumstance is the absence of alternatives that are feasible. A discussion ensued regarding extraordinary circumstances for granting a variance. Councilmember Anderson stated that there is nothing on which to make a variance finding and that a rule is in the books by which the City has to abide. Councilmember Clevenger said she could not make any variance findings. Councilmember Monia commented he has no problem with side yard units in some circumstances, but he is unable to make any findings for a variance. He said he would uphold. the Planning Commission decision. Vice Mayor Kohler said he feels has to adhere to the Planning Commission decision. Mayor Stutzman stated that the City has a regulation and the City is not in a position to deviate from it. MONIA/CLEVENGER MOVED TO DENY APPEAL. PASSED 5-0. Mayor Stutzman moved the agenda to item 6-C. 6. C. Adoption of Final Policy Development Agenda Mr. Peacock briefly reported on Staff Report dated February 20, 1991, to the Council, and responded to Council members' questions. Following discussion, ANDERSON/MONIA MOVED APPROVAL. PASSED 5-0. City Council Minutes 9 February 20, 1991 D. Report from City Engineer on current level of review and oversight on approval of freeway segments and their construction. MONIA/CLEVENGER MOVED TO CONTINUE ITEM TO POLICY DEVELOPMENT CONFERENCE. PASSED 5-0. E. Draft letter responding to memo from Association of Bay Area Governments concerning Regional Governance: Bay Vision 2020 Proposal and AB 3 (Brown) Item deferred to later in meeting. 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearings - Spanek Appeal; Salter Appeal; Nelson Gardens Condemnation. Following discussion, CONSENSUS TO APPROVE PUBLICITY AND TO PUBLICIZE NELSON GARDENS CONDEMNATION IN NEWSPAPER AND CHANNEL 6 ONE WEEK BEFORE PUBLIC HEARING. B. Request from Friends of Saratoga Libraries to lease the entire Historic Library building for $1 per year. Councilmember Clevenger said that the Friends of Saratoga Libraries' annual revenue is $20,000. It is possible the City could generate $30,000 per year by leasing the building and donating the funds to the Friends. A discussion ensued. Mr. Peacock reminded Council that the City's agreement with the Friends is that the Friends would have first right to lease the entire building. Mr. Perlin reported that the City has received a report stating that the building is structurally deficient to withstand seismic events. The City has submitted a report to bring the building up to standard code. No estimates have been received to date. CLEVENGER/ANDERSON MOVED TO ALLOW THE FRIENDS OF SARATOGA LIBRARIES TO LEASE THE ENTIRE BUILDING FOR $1.00 A YEAR AND DIRECT CITY MANAGER TO AMEND CURRENT LEASE AGREEMENT. PASSED 5-0. C. Long term Financing Options - ABAG Financial Services Mr. Peacock summarized the Staff Report to the Council. Vice Mayor Kohler said he disagrees with the City Hall expansion. AMDERSON/MONIA MOVED TO ACCEPT STAFF RECOMMENDATION, PROCEED WITH CREDIT POOLING, AND DIRECT THE CITY MANAGER TO SECURE LONG-TERM FINANCING FOR THE NELSON GARDENS AND CIVIC CENTER IMPROVEMENT PROJECTS THROUGH 15-YEAR CERTIFICATES OF PARTICIPATION IN AM AMOUNT NOT TO EXCEED $3,675,000 THROUGH ABAG FINANCIAL SERVICES. PASSED 4-1 (KOHLER OPPOSED.) Mayor Stutzman moved the agenda back to item 6-E. 6. E. Draft letter responding to memo from Association of Bay Area Governments concerning Regional Governance: Bay Vision 2020 Proposal and AB 3 (Brown.) Councilmember Anderson said she was late to tonight's Council meeting because she was attending a Bay Vision 2020 meeting. She reported that Bay Vision 20/20 was funded to function for one year to the end of 1990. However, the group is continuing to work for regional government. Councilmember Anderson said that most of the cities have already held in-depth discussions. The main concern centered on revenue-sharing and fair and equitable means of revenue-sharing. The majority of the small cities expressed that they want to keep their individual character and City Council Minutes 10 Februaz7 20, 1991 don't want regional government. The three agencies which Bay Vision 2020 is proposing to consolidate to form a Regional Commission are ABAG (Association of Bay Area Governments), Bay Area Quality Control Board, and MTC (Metropolitan TranspOrtation Commission.) Discussion ensued. CONSENSUS NOT TO SEND PROPOSED LETTER AND TO PLACE ON CITY COUNCIL RETREAT AGENDA OF MARCH 8 AND 9, 1991, AS ITEM NO. 16 FOR FURTHER DISCUSSION. 9. CITY COUNCIL ITEMS A. Reports from Individual Councilmembers i) Councilmember Clevenger referred to the legality of a gas pump in back of a commercial building on Julie Street. Mr. Peacock responded that the City is reviewing the situation. ii) Councilmember Monia referred to the General Plan and Ordinances consistency. Mr. Riback was directed to review problem areas and report back within the next month outlining the areas which need to be addressed. 10. CLOSED SESSION on pending litigation concerning illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. and on potential litigation if City declines to pay Booking Fees to Santa Clara County 11. ADJOURNMENT The meeting was adjourned at 11:30 p.m. to February 26, 1991, at 7:30 p.m. Respectfully submitted, Lynda Ramirez Minutes Clerk