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HomeMy WebLinkAbout06-05-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 5, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL The meeting was called to order at 7:30 p.m. by Mayor Stutzman. Council Members Present: Anderson, Clevenger, Kohler, Monia and Mayor Stutzman. 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes 5/14; 5/15; 5/28 ANDERSON/MONIA MOVED APPROVAL OF THE MINUTES OF 5/14 AS PRESENTED. PASSED 5-0 Councilmember Monia corrected the Minutes of 5/15 as follows: Page 4, paragraph 11. 4th line, delete the words "and send a copy to the Saratoga News', ANDERSON/CLEVENGER MOVED APPROVAL OF THE MINUTES OF 5/15 AS CORRECTED. PASSED 5-0 CLEVENGER/MONIA MOVED APPROVAL OF THE MINUTES OF 5/28 AS PRESENTED. PASSED 5-0 B. Approval of Warrant List Codncilmember Anderson questioned the watering system to be installed with regards to the Bamboo Garden Maintenance. Mr. Peacock explained they are expecting to go to bid within the next few months and will not be installed until winter. MONIA/KOHLER MOVED APPROVAL OF WARRANT LIST. PASSED 5-0 C. Report of City Clerk on Posting of Agenda City Clerk/City Manager Harry Peacock announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 31, 1991. 4. CONSENT CALENDAR A. Planning Commission Actions, 5/22 - Noted and filed. B. Public Safety Commission Minutes, 5/13 - Noted and filed. C. Library Commission Action Minutes, 5/22 - Noted and filed. D. Approval of Sign for Saratoga Community Library E. Authorization for attendance by Mayor, city councilmembers and City Manager at League of California cities Mayor and Councilmembers Executive Forum, Monterey, July 10-12, with reasonable and necessary expenses as provided in the budget (expected cost $450 per person) F. Proclamation on 45th Anniversary of Founding of Italian Republic G. Final Acceptance of Improvements, Tr. 8250 (Prospect Rd.), with associated Resolution 36-B-243 Accepting Offer of Dedication of Street City Council Minutes 2 June 5, 1991 MONIA/ANDERSON MOVED APPROVAL OF THE CONSENT CALENDAR ITEMS A THROUGH G. H. Award of Construction Contract for west Valley College Tennis Court Resurfacing, with associated resolution providing funds from budget. Item 4H removed by City Manager, Harry Peacock Mr. Peacock noted bids were opened and there were two bidders. He explained that the low bidder failed to follow a technical detail required in.the bid document. He noted a letter of objection was received from the second bidder. After consulting with the City Attorney on this issue staff recommend the. City Council approve awarding the bid to resurface the tennis courts at West Valley College to Sequoia Surface and Engineering of Santa Rosa in the amount of $34,113 and the Council also adopt a Budget Adjustment Resolution 2575.35 appropriating funds to the parks and open space activities budget for the work. Mr. Peacock explained West Valley College will pay the City 50% of the bid amount within 30 days of completion of the work and the other 50% will be paid through the Recreation Enterprise Fund. MONIA/CLEVENGER MOVED APPROVAL TO ACCEPT LOW BID BY SEQUOIA SURFACING & ENGINEERING. PASSED 5-0 MONIA/CLEVENGER MOVED APPROVAL TO ADOPT RESOLUTION 2575.35 TO PAY THE AMOUNT OF $34,113 TO SEQUOIA SURFACING & ENGINEERING TO RESURFACE THE TENNIS COURTS AT WEST VALLEY COLLEGE. PASSED 5-0 4. CONSENT CALENDAR II - Claims A. Claim of Hauser in connection with automobile damage due to pothole on Big Basin Way. MONIA/KOHLER MOVED APPROVAL TO AUTHORIZE STAFF TO SEND REJECTION NOTICE TO MR. HAUSER. PASSED 5-0 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS 1. Mr. Bert Martel, a West Valley College (WVC) student of 14420 Fruitvale Avenue, addressed the Council. He discussed the use of the college facilities for football games. Mr. Martel noted there is a lack of communication with the City and the public regarding this issue. Mr. Peacock explained that the City Council does not grant permission for the College to hold football gameS, noting the only issue regarding the City is if a Stadium is allowed, which it is not. Mayor Stutzman noted the college is independent and the City has little control over it. Councilmember Monia requested that staff research an agreement made in 1978 and 1981-82 with the City Council and the College. In response to Councilmember Anderson's question Mr. Martel noted he is not for or against the football games, but to do it honestly. B. WRITTEN COMMUNICATIONS 1) Steven Kueny, City Manager, city of Moorpark, Callfornia, seeking sponsorship of amicus brief on sale of Surplus Property to City (City of Moorpark v. Moorpark Unified School District) Mr. Riback, City Attorney explained the amicus brief, which would City Council Minutes 3 June 5, 1991 be prepared by City Counsel of the City of Moorpark. He noted the City of Moorpark is looking for support from the City of Saratoga. Mr. Riback explained the Naylor Act, noting the School District had failed to abide by this. The issue was then taken to court and now the State Supreme court is reviewing this issue. Councilmember Anderson spoke in favor of sending a letter to the Supreme Court in support of the City of Moorpark as there may be a potential site in Saratoga in the near future. ANDERSON/CLEVENGER MOVED APPROVAL TO SEND LETTER TO THE SUPREME COURT. PASSED 5-0 2) William H. Morgan, USO of Northern California, Treasure Island, San Francisco 94130, requesting City participation in ',Tribute to our Troops.,, Following discussion, it was agreed the City would participate in the event. ANDERSON/CLEVENGER MOVED APPROVAL FOR THE CITY TO PARTICIPATE IN THE EVENT. PASSED 5-0 3) Bert Martel, 14420 Fruitvale Avenue, requesting that court decisions be reviewed and public hearing be held on football game at West Valley College. Mr. Martel expressed concerns regarding the Superior Court decisions on this issue and requested the City Attorney look into this. Mr. Martel reiterated his comments from his letter addressed to the Council Members, dated May 27, 1991. 6. OLD BUSINESS A. Further Consideration of Development of Reward Policy - Public Safety Commission Mr. Peacock noted the Commission has not changed its recommendation. Councilmember Monia requested that this item be placed on the agenda for the next joint session. MONIA/CLEVENGER MOVED ACCEPTANCE OF THE REPORT. PASSED 5-0 B. Resolution on Gault Appeal heard 5/15 Mr. Peacock noted staff and Council has received revised plans that were discussed at the last meeting. He noted the City Attorney has prepared a Resolution which would uphold and modify the Planning Commission's decision and a written communication was received from Mrs Fanelli. CLEVENGER/ANDERSON MOVED TO ADOPT THE DRAFT RESOLUTION PREPARED BY CITY ATTORNEY TO APPROVE PLANS AS SUBMITTED. PASSED 5-0 Councilmember Clevenger noted these plans do address the concerns the City Council discussed and are an improvement over the originally proposed plans. Mr. Glen Cahoon, Architect presented diagrams of an alternative design. He noted the height of the building has been reduced and feels this is an acceptable design. Mr. Cahoon presented a footprint of a single story resident noting that a one story home would appear more massive and more grading would be involved. In response to Councilmember Monia's question Mr. Steve Emslie, Planning Director stated the one story heights for this size of a house is 20 to 22 feet. Councilmember Monia stated he did not favor the turret, but suggested blending the roof line in with the turret and would support this applicant with the minor modification. City Council Minutes 4 June 5, 1991 Inresponse to Vice Mayor Kohler's question Mr. Emslie stated for this particular lot the allowable building space is 6,000 s.f. and the applicant is proposing 5,943 s.f. MONIA/KOHLER 'MOVED TO AMEND THE ABOVE MOTION TO REVISE THE ELEVATION TO REMOVE THE TURRET ROOF ON THE FRONT OF THE HOUSE, SUCH MODIFICATION TO BE APPROVED BY STAFF. PASSED 5-0 Councilmember Anderson noted she had no objections to the turret, as this redesign is an improvement. 7. NEW BUSINESS A. Consideration of Thursday EVening Service at Saratoga Community Librar~ KOHLER/CLEVENGER MOVED TO POSTPONE THE SERVICE UNTIL SUFFICIENT STAFFING IS AVAILABLE TO ADD HOURS OF SERVICE. PASSED 5-0 B. Agreement with Projeot Match to use City HCDA Funds to provide Rent Subsidies for Senior Group Residence in Saratoga. Councilmember Clevenger noted the council has already approved this and this is the contract which puts into place the Council's policy decisions. She requested the City Manager explain the Agreement to the public. Mr. Peacock explained the agreement with Project Match which is to house seniors. He noted Project Match would lease a house with several bedrooms to house seniors who would pay low rent and then be subsidized by the City. .Ms. Carolyn. King addressed the Council noting that Project Match has found a house and occupancy will be July 1, 1991. KOHLER/MONIA MOVED TO APPROVE PROGRAM AND AUTHORIZE MAYOR TO SIGN AGREEMENT. C. Requests from Hakone Foundation to: 1) Extend rental income use agreement; 2) Adopt new fee structure for rental of Hakone Gardens; 3) Receive reports on: a) Fund Development and Membership Income; b) Expenditure status on Cultural Exchange Building. Vice Mayo~ Kohler suggested extending rental agreement for 2 years as opposed to 1995. Mr. Peacock noted the reason for December 1995 is because that is when the principle of the loan is due. Councilmember Clevenger noted there is a cancellation clause in the Hakone Foundation Basic Maintenance Agreement, it can be called up for review if necessary. In response to Vice Mayor Kohler's question Mr. Miller noted the building will be completed under the prediction made last November. CLEVENGER/ANDERSON MOVED APPROVAL FOR THE RENEWAL OF THE AMENDMENT TO THE MAINTENANCE AGREEMENT TO DECEMBER 31, 1995. PASSED 5-0 MONIA/CLEVENGER MOVED TO ADOPT A NEW FEE STRUCTURE FOR RENTAL OF HAKONE GARDENS. PASSED 5-0 In response to Councilmember Monia's question Mr. Miller stated they have received bookings. Mr. Peacock addressed the Council, stating that on the Agenda at this hearing, as part of the budget is a revision to the fee resolution and recommended that the resolution not be adopted until June 19 at which time staff will have made the necessary changes to the rents for Hakone Gardens. City Council Minutes 5 June 5, 1991 In response to Councilmember Anderson's question Mr. Miller explained the marketing strategy to rent the buildings. ANDERSON/MONIA MOVED APPROVAL TO RECEIVE AND FILE REPORTS AS INFORMATION. PASSED 8. PUBLIC HEARING8 - 8:58 P.M. A. Senior Housing Task Force Report Mr. Peacock informed the Council of the Written Communications received since the agenda-was sent to the Council: Kenneth Meeker Shane Woolsey Len Feldheym Bob Flora Jeanne Holst Gordan Hanson Eric Morley Richard Kaufman The public hearing was opened at 8:58 p.m. Mr. Andy Beverett, 19597 Via Monte Dr., Representing Senior Coordinating Council of Saratoga, noted that the issue of this hearing is action by the City Council to authorize change to the General Plan and Zoning. Mr. Beverett explained their concept of a Life-Care facility and the amenities available with the facility as well as a skilled nursing unit. Mr. Beverett noted there is a strong need for a life-care facility in Saratoga. He noted there is a waiting list in surrounding communities for occupancy in a life-care facility. He feels the odd Fellows site is appropriate. He noted there is a height limitation on the Masson site and air pollution are critical factors. He noted that some medical practitioners believe that the high levels of carbon monoxide from auto exhaust can pose health risks. Also numerous individuals are concerned about the marketability of this site and the impact on surrounding neighborhoods. Mr. Beverett stated that the Housing Committee felt a Life-care center would enhance a neighborhood. Mr. Beverett went on to reiterate his comments as outlined in the staff report. He noted there is much public support for the life- care center and urged strong consideration for Council to support it. Councilmember Monia questioned the issue of 2 and 3 story buildings and a "needs analysis". He noted there is a site approved by the city for a life-care center. In response to Councilmember Monia's questions Mr. Beverett stated that after discussions with the developer they were in favor of a 3 story structure. He noted, regarding the "needs analysis", in his opinion he covered many needs in his presentation. Dr. Henry Drinker, 14711 Fruitvale, representing physicians in Saratoga, noted that Saratoga need to keep seniors in the City, therefore a life-care facility is needed. He noted seniors will seek housing, companionship as well as health care. Dr. Drinker shared excerpts from other physicians in Saratoga in support of a life-care facility. In response to .Councilmember Anderson's question Dr. Drinker stated the physicians have no preference as to the site. Ms. Betty Eskeldson, 12638 Radoyka Drive, noted the support from churches and synagogues for a life-care facility. Ms. Eskeldson quoted letters from church members. She noted seniors have to leave Saratoga to find housing and the community has an obligation to provide for seniors. Personally she favored the Odd Fellows site. She noted the churches did not specify which site was more appropriate, but the majority of the Senior Ministry Board favored the Odd Fellows site. Ms. Gladys Armstrong, 20462 Chalet Lane, League of Women Voters, City Council Minutes 6 June 5, 1991 spoke in support of the life-care facility. She presented a petition from citizens in Saratoga urging the City Council to take action to provide a life-care facility. She noted the League believes senior housing should be provided and zoning restrictions should be lifted as needed. Ms. Mary Moss, 110 Wood Rd., Los Gatos, noted she could not remain living in Saratoga as there are no facilities for seniors. She spoke in support of a life-care facility and seniors in Saratoga have to seek care in surrounding cities. She noted she has no preference as to the site. Ms. Marjorie Bunyard, 12625 Miller, American Association of the University of Women, noted that people like to live in their community. She stated people work and get involved and a life- care facility is needed. Ms. MariIyn White, 20811 Canyon View Dr., representing Soroptimist International club noted seniors want to stay in Saratoga and the Organization stands behind a life-care facility. She noted personally she prefers the Odd Fellows site, but the Organization has no preference. Ms. Jacqueline Welch, 20925 Jacks Rd., representing Citizen of the Year, presented a petition urging a life-care facility in Saratoga. She noted seniors need companionship of others and the assurance of care for seniors is needed. Ms. Marguerite Fischer, 14520 Fruitvale, noted she lives in Fellowship Plaza, but it does not provide life time care. She expressed concern regarding traffic increase with the life-care facility. She noted the present site needs to be upgraded. She noted she is not opposed to a life-time facility, but feels it is too many units. Ms. Faith Schmidt, 19964 Mallory Ct., representing Housing and Homeless Coalition of Santa Clara, noted the primary objective of the coalition is to provide support'and education to communities for a regional approach to solving California's housing needs. She noted State Law mandates senior housing when the need arises. The Coalition supports the housing needs of.seniors and the life-care facility, but have no preference to a particular site. Ms. Gertrude Welch, 1229 Naglee Ave, San Jose, Santa Clara County Council of Churches, Director of Affordable Housing Program, noted there is concern regarding senior housing throughout the County and the lack of senior housing in Saratoga. She spoke in favor of the Odd Fellows site. In response to Councilmember Anderson's question Ms. Welch stated after hearing the arguments on both sites they prefer the Odd Fellows site and hope affordable housing will be provided on this site. She stated HUD's definition of affordable housing is not over 30% of income. Ms. Welch stated they are interested.in rental units. Mr. Calvin Hamick, 15440 Quito Rd., noted there are senior housing facilities in neighboring cities which are available. Mr. Charles Hecker, 1939 Crisp Ave., objected to the General Plan change to permit a life-care facility on the Odd Fellows site. He noted the Masson site has already been approved and is more appropriate. Ms. Marydee Urbano, 14520 Fruitvale Ave., stated a senior facility is needed in Saratoga. She noted the Odd Fellows site is the only home in California for retirement for Rebeccas and Odd Fellows. She stated the zone change is needed, but this should not be developed on the Odd Fellows property. Mr. Shelley Williams, 11951 Brookridge Dr., noted the need for senior care in Saratoga. He noted seniors need to be close to activities and feels the Odd Fellows site is too remote. In City Council Minutes 7 June 5, 1991 response to Councilmember Kohler's question, Mr. Williams did not feel the freeway is an obstacle. He did not feel the value of homes would reduce because of the senior housing. Mr. Kenneth Meeker, P.O. Box 669, Lewiston, r~presenting Odd Fellows, reiterated the history of the Odd Fellows home. He feels with this project they are combining two objectives. The citizens of Saratoga want what is best for residents and the Odd Fellows want to build a facility which would be a benefit to the City. He noted they are willing to listen and work with the citizens of Saratoga. Mr. Don Richiuso, 19303 Chablis Ct., Neighborhood Task Force, reiterated the letter submitted by neighbors as presented in the staff report. They feel'any increased density on the Odd Fellows site is inappropriate. The neighbors feel the General Plan should be adhered to; the 10 acre Rogers and Brooks parcel should be built out with nine homes only, as approved; there are other sites in Saratoga which should be considered if there is a need for a senior care facility. Councilmember ~nlderson stated the senior housing should not be limited to Saratoga citizens only. Mr. Jeff Schwartz, San Marcos Rd., noted the neighbors are not opposed to a senior project, but don't see any proof for the need. They are opposed to higher density on the Odd Fellows site, but would like to see improvements on the site. He noted alternative sites should be considered. Mr. Schwartz noted there are openings at senior care centers in surrounding cities. He discussed the carbon monoxide levels at the Masson site and how these could be reduced. Councilmember Monia requested that Mr. Schwartz submit the list of available sites to staff.' Councilmember Anderson questioned the green belt on the Odd Fellows site, Mr. Donovan, Rogers & Brook, Inc., noted there will be a green belt around the bulk of the property with an open space for a driveway and a parking lot. Ms. Margaret Russell, 12776 Saratoga Glen Ct., noted she was a member of the Citizens Advisory Committee and a consensus was reached that the Odd Fellows site should remained as zoned. She stated special interest groups should not be able to change the General Plan. Ms. Dora Grens, 13451 Old Oak Way, noted she was on the General Plan Committee and a consensus was reached to leave the Odd Fellows site as zoned. She felt the General Plan should not be changed. Mr. Ralph Masscillio, 19271 San Marcos Rd. expressed concern regarding the probability of physical alteration of San Marcos Road if development on the Odd Fellows site proceeds. He also expressed concern regarding increase of traffic. Ms. Sheila Swanson, Member Odd Fellows Senior Housing Focus Group, noted the-neighbors want to protect their neighborhood from high density. She noted development on the Odd Fellows site will increase traffic and senior housing should be developed in areas zoned appropriately. She requested the Council deny the proposed plan for additional high density, but the neighbors have no objection to remodeling the Odd Fellows site. She also requested the Odd Fellows submit a Master Plan. Mr. Herb Radding, 14050 Chester Ave., presented a petition from neighborhoods surrounding the Odd Fellows site. The petition requested the following: the current zoning be adhered to; the existing City Council ruling that phase III of the San Marcos Heights Development consist of nine homes on 10 acres with access to the Odd Fellows site to represent their part of burden sharing from this project;' modernization and/or home repair only; preserving the current care and quality of the neighborhood. City Council Minutes 8 June 5, 1991 Mr. Edmund Kartcher, 14266 Granite Way, read a letter as presented to the Councilmembers expressing concern regarding increase traffic with the increase population of the site. He stated if there is a need for senior housing the open space around the library should be considered as well as other sites. Ms. Mildred Simons, 14755 Aloha, noted the need for a senior care facility in Saratoga. Mayor Stutzman closed the public hearing at 11:00 p.m. Vice Mayor Kohler felt alternative sites in the City should be addressed. He noted the seniors are important and a-life-care facility is needed. Councilmember Anderson noted the reason for considering the Odd Fellows site is because of the Height limit on the Masson site. She expressed concern regarding the size and price of units on the Masson site. Councilmember Anderson stated the Odd Fellow site is larger and hoped a wider variety of units and prices could be developed on this site. She did not feel there would be a large traffic impact on surrounding neighborhoods as most of the seniors .would use the shuttles provided by the center. She noted that three story structures should be considered for the Masson site. Councilmember Monia noted the City Council do care about senior development and support it. He noted there is a need for senior care, but to what urgency is still questionable. If a need is proved a General Plan change can be made. Councilmember Monia went on to say that seniors are not bad neighbors and the council have a responsibility to govern the city and follow certain documents unless they find certain situations to deviate from that and at this time he does not support a deviation from the General Plan because there are no findings. He spoke in support of abandoning the Odd Fellows site and leave the zoning as is. With regards to the 3 story issue on the Masson site, he noted this is a possibility. Councilmember Clevenger mentioned .outside influences she had been in contact with and has a positive feeling about life-care centers. She noted the number of aging Saratogans would be candidates for a facility and the number of seniors attending this hearing is proof for a need. With regards to the site she spoke in favor of the Odd Fellows site, but is still prepared to vote for a 3 story structure at the Masson site. She expressed concern regarding the carbon monoxide levels at the Masson site and noted a decision has to be made to develop the Masson site or the Odd Fellows site. Mayor Stutzman stated this issue is both a political and emotional problem. He believes the Masson site is not appropriate for a life-care center. He noted the City looked into the possibility of removing Carbon monoxide from the air and it proved to be very expensive. He noted the Odd Fellows did not propose the development for their site, but were willing to support it. Mayor Stutzman noted the need for upgrading of the Odd Fellows property and hoped the life-care facility would be an asset to the community. He stated as there is no support from surrounding neighbors he would respect the General Plan which is unfortunate as there is a need for senior care in the City and land is becoming scarce to develop such a facility. Mayor Stutzman suggested the Old Masson Vineyard for a facility with the necessary amenities provided, if this is not possible Mayor Stutzman suggested putting this issue on the ballot for the whole of Saratoga. He stated he cannot vote for the Odd Fellows site as he must uphold the General Plan. Councilmember Anderson noted the City Council can vote to put an issue on the ballot. Vice Mayor Kohler noted that with regards to the ballot, it can't be too specific and there is a general consensus that senior City Council Minutes 9 June 5, 1991 housing is needed. He noted he is willing to work on a 3 story structure at the Masson site. Following discussion, MONIA/KOHLER MOVED TO DECLARE THE ODD FELLOWS SITE IS INAPPROPRIATE TO INCREASE DENSITY AND THAT THE ISSUE CONCERNING THE POSSIBILITY OF A LIFE CARE FACILITY IS ALSO INAPPROPRIATE. PASSED 3-2 (CLEVENGER, ANDERSON OPPOSED) Councilmember Anderson suggested discussing a scaled down project on the Odd Fellows site. Councilmember Monia did not feel this is necessary. Councilmember Clevenger noted there is a social obligation and noted her reason to vote against the motion is if the requirements to make the Masson site acceptable fall through, she would like the option to fall back on the Odd Fellows site as a senior care facility is needed. MONIA/KOHLER MOVED TO REAFFIRMTHE GENERAL PLAN WITHREGARDS TO THE ODD FELLOWS SITE. 2-3 (CLEVENGER, ANDERSON, STUTZMAN ABSTAIN) Mr. Peacock suggested the Council direct staff to review the density at the Masson site and to look at the issues of air quality as well as the economics. ANDERSON/MONIA MOVED THAT CITY COUNCIL AND PLANNING COMMISSION CONSIDER THE HASSON SITE AND VERIFY A 3 STORY STRUCTURE. PASSED 5- 0 Mr. Richard Oliver, owner of the Masson site, suggested that the motion reflect the council's support a 3 story configuration and increased zoning to make the Masson site feasible. B. Actions with respect to tentative map approval for a four- lot subdivision at 22631 Mt. Eden Rd. (Applicant/appellant, E. Sung; OWner, Stella Investment Co.) (SD87-008.1) 1) Appeal of denial of request for extension of tentative map approval 2) Request for Final Map Approval Item B 1 & 2 was withdrawn at the request of the applicant. C. City of Saratoga 1991-93 Budget, including consideration of: 1) Gann appropriations limit; 2) continuing necessity of hillside traffic impact fee; 3) authorized employees, salaries and classifications; 4) resolution establishing schedule of fees pursuant to Saratoga City Code; 5) Review of capital Improvements Plan 1991-1996 Mr. Peacock noted there are a number of issues to consider including fee resolution; budget; capital improvements plan to approve at the June 19th meeting. Mr. Peacock noted any modifications to the rubbish rate will be heard on July 3, 1991. The public hearing was opened at 12 a.m. MONIA/KOHLER MOVED TO CONTINUE THIS ITEM TO THE JUNE 19 MEETINGAND DIRECTED STAFF TO PREPARE THE NECESSARY RESOLUTIONS INCLUDING THE CHANGES FOR HAKONE GARDENS. PASSED 5-0 7. D. Ex Parte Communication Disclosure Policy This item was continued to the June 19th meeting E. Memo Authorizing Publicity for Upcoming Hearings - Landscaping and Lighting District; Noise Ordinance; R- OS Ordinance MONIA/KOHLER MOVED TO APPROVE AUTHORIZING PUBLICITY FOR UPCOMING HEARINGS. PASSED 5-0 City Council Minutes 10 June 5, 1991 9. CITY COUNCIL ITEMS A. Reports from Individual Counoilmembers None 10. CLOSED SESSION on pending litigation in case of City of Saratoga v. City of San Jose and on illegal grading, olearing and tree removal on Coociardi/Chadwiok development, Tr. 7770. After the closed session, the City Manager announced that there was consensus that if the City of San Jose changes the General Plan for the E1 Paseo Shopping Center to the way it was before the last General Plan change, the City of Saratoga will drop its lawsuit. 11. ADJOURNMENT The meeting was adjourned at 12 a.m. to 7:30 p.m. on June 11 for Planning and Public Safety Commission Interviews and to 9:00 a.m. on Saturday, June 8, 1991 for Youth Commission Interviews. Respectfully submitted, Catherine Robillard Minutes Clerk