Loading...
HomeMy WebLinkAbout09-01-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 4, 1991 PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - City Manager Evaluation - 6:30 p.m. Council Office Regular Meeting - 7:30 p.m. 1. ROLL CALL Councilmembers present: Anderson, Clevenger, Monia, Stutzman, Mayor Kohler. Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planning Director Emslie. The meeting was called to order at 7:38 p.m. 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 8/6; 8/7; 8/14; 8/27 Councilmember Monia stated what was transcribed in the minutes of the August 6th meeting was not properly transcribed, he requested verbatim transcription of this particular meeting. MONIA/STUTZMAN MOVED TO REQUEST A VERBATIM TRANSCRIPT OF AUGUST 6TH MEETING. PASSED 5-0. Councilmember Anderson corrected the minutes of August 7th as follows: Page 8, requested that the verbatim portion, which was in response from the City Attorney, be reflected in the minutes. Councilmember Clevenger corrected the minutes of August 7th as follows: Page 3, Dora Grens commented, not Charles Grens. Mayor Kohler requested that his suggestion on page 3, written communications, be revised to be clarified as to what was actually stated. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 7, AS AMENDED. PASSED 5-0 CLEVENGER/AMDERSON MOVED TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 14, AS SUBMITTED. PASSED 5-0 Councilmember Anderson noted she had received a phone call from a member of the Board of Directors of the Saratoga School District, expressing concern regarding communication between the City and School, stating it is not adequate. However, a member of her school staff had been on the conunittee. ANDERSON/STUTZMANMOVED TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 27, AS SUBMITTED. PASSED 5-0 B. Approval of Warrant List MONIA/STUTZMAN MOVED APPROVAL OF THE~ARRANT LIST. PASSED 5-0 C. Report of City Clerk ~n P0~ting Of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 30. City Councll Minutes 2 September 4, 1991 4. CONSENT CALENDAR Councilmember Monia requested Item E be removed from the Consent Calendar. Mayor Kohler. stated a member of the audience requested the removal of item D. A. Planning Commission Actions, 8/14~ 8/28 - Noted and filed. B. Public Safety Commission Minutes, 8/12 - Noted and filed. C. Notice of Completion for resurfacing of West Valley College Tennis Courts D. Ordinance HP-19 designating a portion of Saratoga Avenue from Fruitvale Avenue to 14301 Saratoga Avenue as a Heritage Lane (second reading and adoption) E. Makone Foundation Fund Raising - 6/25-8/5/91 F. Resolution 91-62 on Harbor Builders appeal heard 8/7 G. Resolution 91-63 on De La Cruz appeal heard 8/7 H. Resolution 91-53.1 appointing Kohler as representative to City Selection Committee I. City Financial Reports for July: 1) Treasurer's Report 2) Investment Report 3) Financial Report CLEVENGER/ANDERSON MOVED APPROVAL OF THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS D AND E. PASSED 5-0 Regarding item D, Mr. Fine thanked the Council for the designation of the Heritage Lane. He stated he has been working with the Planning Commission with regards to signs on the Heritage Lane. He would like to see a hiking trail along Saratoga Ave. He noted a stop sign is requested at Herriman and Saratoga rather than a stop light. Regarding item E, Councilmember Monia requested a complete breakout of financial matters at the next meeting. MONIA/ANDERSON MOVED APPROVAL OF ITEMS D AND E OF THE CONSENT CALENDAR. PASSED 5-0 CONSENT CALENDAR II - Claims A. claim of Roby concerning fall in Nakone Garden MONIA/ANDERSON MOVED DENIAL OF CLAIM. PASSED 5-0. B. Claim of Hunter concerning incident on Mt. Eden Rd. MONIA/CLEVENGER MOVED TO ACCEPT CLAIM. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS MS. Karin Dowdy, Brook Lane, expressed her concern regarding the Councilmembers' comments at the last regular meeting. Ms. Dowdy provided a copy of verbatim transcripts of her comments from the last meeting. She felt three councilmembers owed her a public apology. Mayor'Kohler stated he had no recollection of requesting that Ms. Dowdy be supervised when reviewing tapes. The Mayor asked which staff member had so advised. Mrs. Dowdy declined to state. Ms. Dowdy requested her concerns be agendized for the appropriate action. City Council Minutes 3 September 4, 1991 Mr. John Di Manto, 1210 Coleman Ave., regarding the Housing Ordinance, requested that all property owners be informed about this process. It should be noticed in the Saratoga News and the San Jose Mercury News. He feels it is important to reach the mass of residents in the City. Ms. Madeline Chiavetta, 19548 Chardonnay Ct., representing Redwood Middle School, requested that the City Council reconsider and make a decision on the bike path on the east side of Fruitvale Ave., from Wild Cat Creek to Saratoga Ave at the September 18th meeting. She also would like removed, project 9105, Capital Improvement Plan, from 1993/94 fiscal year to 1992/93. Mr. Jeff Schwartz, San Marcos Rd., expressed concern about the Investigating Committee not receiving the same information as the Council receives. He stated he wrote a letter protesting this and still, at this hearing, had not- received all the information the Council received. B. WRITTEN COMMUNICATIONS 1) William M. Putsell III, 19306 Vineyard Lane, requesting additional cable. television franchises because of poor.service from South Bay Cable vision Mr. Bill Pursell noted he has written a letter to the Council requesting the consideration for the opening of a franchise for cable television to more than one company in the City. He stated the service from South Bay Cable is not adequate. He feels competition would enhance the service. He requested monitoring on South Bay Cable. City Manager Peacock stated the franchise with South Bay Cable is to be renewed within a year. He noted a committee is being formed to select a consultant to review the request for renewal by South Bay Cable. Mr. Peacock explained the process of renewal to Mr. Putsell. Councilmember Monia informed Mr. Pursell that the Foundation Board meets once a month and he is welcome to participate. 2) Dr. Edward Levin, 13481 Pierce Road, requesting completion of improvements associated with SDSS-006 (Saviano) City Manager Peacock stated the City Engineer suggested that staff be directed to complete the improvements. The cost will be approximately $6500 and this can be handled within the budget. In response to Mayor Kohler's question, City Engineer Perlin stated the retaining wall is along Dr. Levin's property line, but in the City right-of-way. Mr. Perlin stated only one person has opposed the retaining wall. Mayor Kohler felt there was a lot of opposition to this wall. Mr. Perlin stated the purpose of the wall is for falling debris on to the road. He noted he would like to see the water pipes relocated from Dr. Levin's property, if not removed they should be protected. Councilmember Stutzman stated there was misrepresentation to who was in favor of the wall and who wasn't. ANDERSON/STUTZMAN MOVED TO APPROVE CONSTRUCTION OF THE WALL. PASSED 5-0. 3) Ray Froess, 20225 Ljepava, regarding blowing of garden debris CLEVENGER/ANDERSON MOVED TO ACCEPT STAFF RECOMMENDATION TO INFORM MR. FROESS THAT THE PROPOSED REGULATION WOULD BE IMPRAACTICAL TO ENFORCE. PASSED 5-0. 4) Request from Southeast Mission Geriatric Services in San Francisco for waiver of fees for use of Hakone Garden Lower House City Council Minutes 4 September 4, 1991 MONIA/ANDERSON MOVED TO ACCEPT STAFF RECOMMENDATION NOT TO WAIVE FEE8 IN ACCORDANCE WITHCOUNCIL POLICY. PASSED 5-0. 5) Farzaneh Memari, 513 Kiely Blvd. #4, San Jose 95117, requesting refund for reservation cancellation. City Manager Peacock stated it is the City~s policy not to return refunds within 90 days of the event. Me noted, if in the event the particular time slot is rented by someone else the deposit is returned. Councilmember Anderson stated she agrees with Mr. Peacock's decision to return the deposit if rented again. ANDERSON/MONIA MOVED TO ACCEPT STAFF RECOMMENDATION NOT TO RETURN THE DEPOSIT UNLESS THE ROOM IS RENTED AGAIN. PASSED 5-0 6. OLD BUSINESS A. Discussion of letter signed by Jeffrey A. Schwartz, Jeffrey C. Kalb, Donald D. Macrae, and Janet Harris of the Citizens Committee to investigate Tract 7770 1) Report from Finance Director on Distributions from Quarry Creek Trust Account. City Manager Peacock stated the memo submitted to the Councilmembers indicates the receipts and disbursements from the trust fund. It also provides a breakdown for each and every deposit and expenditure. Me noted the additional $3000 was used for continuing consulting work on the restoration plan and legal work with the Corps of Engineers. Mr. Jeff Schwartz noted the letter submitted to the Council was not signed by Peter Smith. He noted the letter had involvement from the Ad Hoc Committee. Mr. Schwartz reiterated the comments in his letter. He noted there was a series of agreements which involved the City, 15 homeowners and the developer. According to the agreement a trust fund would be set up by the City with contributions from the City, homeowners and the developer to pay for any repair work. Mr. Schwartz went on to talk about the costs to each of the above. He also explained the cost of the repair work. He feels there are certain problems with the agreements as follows: 1) Staff proceeded with agreements without Council approval. There was money paid into the account prior to Council approval; 2) Memo to Council fails to mention extraordinary concessions with regards to Borrow Hill. Me noted some of the homeowners were shocked to find out the developer would not actually give a cash contribution. Mr. Schwartz commented on the dirt removed from Borrow Hill. Some homeowners felt they were pressured into signing the agreement. In response to Councilmember Clevenger's question, Mr. Emslie stated the dirt taken from Borrow Hill was done so under an approved grading plan. He noted he has not seen any before graded plans or a projection for the precise number of lots. Councilmember Monia did not feel there was an approved grading plan. Councilmember Clevenger stated she would like to know if there was. Councilmember Clevenger gave some background information with regards to Vaquero court and Quarry Road. She stated a law suit was filed by homeowners because of uncertain access onto Vaquero Court. She noted vaquero court was an accepted street by the City, but Quarry Road was not. Councilmember Clevenger explained how Harbor Builders became involved in this as they paid a sum of money into the Trust Fund that was set up to repave Quarry Road. She suggested talks with Harbor Builders and the former City Attorney should explain how the trust fund was handled. She. also feels two members of the City Council and the present City Attorney should be present. Mayor Kohler stated the issue is the accounting of the money. Councilmember Anderson suggested having the City Auditor present at the talks. City Council Minutes 5 September 4, 1991 Mr. Jeff Kalb spoke in support of Councilmember Clevenger's suggestions. He stated part of the problem is the process. Councilmember Anderson stated the process and accounting should be reviewed. Councilmember Monia stated he agrees with the suggestion of an audit and it should be focused on the financial distribution of the funds. He expressed concern regarding documentation which has not been turned over by the former City Attorney. He suggested writing an official letter requesting any and all City documents be sent to City Attorney Riback. Councilmembe~ Monia_questioned the bid process. In this particular case does the formation of a trust fund require a bid process because of the amount of money involved? Councilmember Stutzman expressed concern regarding the contribution from the developers and how this is dispensed. Also what type of documentation the developer has for deciding how much their work is worth. Mayor Kohler stated the Committee, as suggested by Councilmember Clevenger, will find out the information as requested by Councilmember Stutzman. Mayor Kohler appointed Councilmembers Clevenger and Monia and the City Attorney to serve on the Committee. Also to request the help of the City Auditor if necessary. 2) Report from City Attorney on Appropriateness of Referral of Tract 7?70 Committee Report to Grand Jury Councilmember Clevenger suggested accepting staff's recommendation for the City Attorney to write a letter to the Grand Jury foreman. Mayor Kohler felt the recommendation is not aggressive enough and should be stronger. Councilmember Anderson concurred with Mayor Kohler noting the main concern is that the city was not able to subpoena either documents or witnesses. MONIA/STUTZMAN MOVE TO REQUEST THE GRAND JURY TO LOOK INTO THE REPORT · FROM TRACT 7770 COMMITTEE. PASSED 5-0. Mr. Kalb stated the reasons for the Grand Jury are as follows: 1. Could only interview half of the people involved 2. Certain documents were not available 3. Some people would not come forward 4. Got truth, but not whole truth 5. People could not be sworn in, no legal basis 6. 2 Versions, staff response and Committee report. Councilmember Monia stated the points above should be included in the motion. Councilmember Stutzman agreed. Mr. Heber Teerlink, Attorney, stated he supports the grand jury investigation and will cooperate in any way he can. At 9:40 p.m. Mayor Kohler proceeded to the public hearings. 8. PUBLIC HEARINGS: A. Ordinance revising regulations on placement of realtors' open house signs (first reading and introduction) Planning Director Emslie presented the staff report to the Council. He stated staff was requested to revise the Ordinance because of inconsistencies regarding the removal of signs. The Planning Commission has prepared a draft ordinance which Planning Director City Council Minutes 6 september 4, 1991 Emslie reviewed. He noted a few corrections. The Ordinance stated no more than two open house signs, the Planning Commission are recommending there be no reference to limitation of signs at intersections, but rather limit signs to different orientations. Mr. Emslie stated the generic sign would consist of a 1 s.f. sign mounted on a s~ake with "open house" on it. Mr. Emslie went on to explain signs placed in the public right-of-way in order to allow this, staff are recommending an encroachment permit which would take care of any liability to the city in case of accidents. He noted the encroachment fee is $100. The Planning Commission recommended the signs be removed at sundown, but the City Attorney expressed concern regarding the term "sundown" and staff suggested a seasonal arrangement to coincide with daylight savings time. He noted the Board of Realtors had been involved in this process. Mayor Kohler stated he received a phone call from Mr. Morley and was surprised at the number of small -realtors in the City and expressed concern regarding the encroachment fee. Mr. Emslie stated the fee is $100 per year, per office. He noted a sliding scale was suggested, for a smaller office the fee could be reduced. In response to Councilmember Anderson's question, Mr. Emslie stated the encroachment fee is to protect the City.. City Manager Peacock stated the encroachment fee was brought up because of a particular situation, a person was in an accident caused by a real estate sign and then sued the City for allowing the sign. The encroachment fee will stop this from happening. Councilmembers Clevenger and Anderson both stated they spoke to Mr. Morley prior to this meeting. The public hearing was opened at 9:53 p.m. Mr. Eric Morley, Board of Realtors, stated the encroachment permit did cause concerns for some realtors, but the encroachment is to address the safety and the lability concerns of the City and to acquire cost recovery for services rendered. He noted the Board has two concerns with the encroachment fee: 1) Size of office. Some offices have less than five realtors; 2) Amount annually from each realtor is excessive. He spoke in favor of a sliding scale based on the number of agents per office and limit it to $50 for the largest office. Councilmember Anderson commented on the annual take. Mr. Emslie stated he does not anticipate full participation with this ordinance. Mr. Peacock stated the fee is not the issue, but rather lability. He suggested a sliding scale such as $25 for an office with 5 or less agents, $50 for 6-10 agents, $75 for 10-20 agents and $100 for over 20 agents. Mr. Morley stated the realtors are willing to pay the encroachment fee, but feels $100 is too much for.a small office. In response to Mayor Kohler's question Mr. Morley stated he is comfortable with the seasonal approach staff suggested in setting times for signs to be removed. Councilmember Anderson spoke in support of the seasonal approach. She suggested the money for the encroachment fees could be used to enter the permits into a computer system. Mr. Miles Rankin expressed concern regarding realtors from San Jose coming into Saratoga. He stated enforcement of the sign ordinance is necessary. He stated he is involved in the village Plan and this should be implemented. Councilmember Clevenger suggested that Mr. Rankin go along with the Code Enforcement Officer and point out the violations. In response to Councilmember Anderson's question, Planning Director Emslie stated the Ordinance will require identification on the signs as to who they belong to. Mr. Bill Murphy, 12150 Sara Glen Dr., spoke in favor of the enforcement City Council Minutes 7 September 4, 1991 of the sign ordinance. He feels it should be enforced for all signs in the City and needs to be enforced on the weekends. He spoke in favor of the generic signs as well as lower encroachment fees. Mayor Kohler closed the public hearing at 10:10 p.m. Councilmember Clevenger stated the Ordinance should apply to all signs. CLEVENGER/MONIA MOVED TO INTRODUCE THE ORDINANCE WITH THE MODIFICATIONS AS STATED BY STAFF AND COUNCILMEMBER ANDERSON. PASSED 5-0 In response to Councilmember Anderson's concern Mr. Riback stated other cities have sign permits and the issue for the fee encroachment is more of a liability issue. Councilmember Monia expressed concern regarding the fee structure. He feels the city should be sensitive regarding fees required, although he does feel the liability is the key issue in this case. Councilmember Anderson requested that there be an accounting of the encroachment fee and the costs attached to it. Also the excess funds go into entering the permits onto a computer system for the use of the real estate licensees within the City. She requested this be added to the motion. CLEVENGER/MONIA MOVED TO ADOPT A NEGATIVE DECLARATION. PASSED 5-0 B. Ordinance pertaining to completion of improvements prior to final map approval (first reading and introduction) City Manager Peacock stated this is a draft ordinance which amends several sections of the sub-division regulations of the City. It relates to the completion of improvements prior to final sub-division map approval. He noted the City Attorney drafted the Ordinance and the relevant changes have been underlined as stated in the staff report. The revised Ordinance would remove the current language which allows for a regular or deferred improvement agreements. He explained the intent of the Ordinance is for the City Engineer to make determinations on a case by case basis. Councilmember Anderson noted the intent was to remove this decision from the Consent Calendar. She felt it should be handled as a policy matter. She felt it is a noticing issue and consent matters are not noticed to the extent they should be. Councilmember Clevenger requested a staff report. She stated it is important that the Council approve the tentative maps for subdivisions. Councilmember Anderson commented on a final map approval which did not have all the conditions met then came up on the consent calendar. The public missed the notice. In response to Mayor Kohler~s question regarding what tools the City Engineer will use to investigate, Mr. Perlin stated it depends on the particular subdivision and what issues of concern are raised. He stated the intent is to identify critical issues and they may seek outside help if necessary. He also noted geotechnical clearance is not limited to. hillside lots, he noted the language will be changed to reflect this. The term "geotechnical clearance" was discussed. Mr. Perlin stated this is a staff determination. Mayor Kohler requested this term be defined in the Ordinance. In response to Mayor Kohler's question Mr. Riback noted the Advisory Agency is the Planning Commission. This should also be defined in the Ordinance. Mr. Perlin stated the recommendations which would be forwarded to the Planning Commission would include recommendations on which improvements staff feels should be completed prior to final map approval. In response to Councilmember Monia's question, Mr. Perlin stated the City Council Minutes 8 September 4. 1991 City Council or Planning Commission can determine if a condition should be enforced prior to final map approval. Mr. Perlin noted it is staff's practice that every condition proposed for a Map, in the condition it should specify when conditions should be met. He noted there are several reasons why all conditions are not met prior to final map, ofie is for financial reasons, another being staff may not want all conditions met prior to final map approval, e.g. design or landscape. Mayor Kohler opened the public hearing at 10:40 p.m. Mr. John Di Manto stated there needs to be guidelines that identify the issues which would be set aside from the major portion of the development. There is a need to separate off-site from on-site. He also suggested a "set a side letter" guaranteeing funds for the off- site portion. He suggested a two hour time period for a working session to work on this Ordinance. Mr. Di Manto stated he has not had adequate time to review this document. Councilmember Monia requested that Mr. Di Manto expand on the financing issue at his next presentation. Councilmember Anderson spoke in favor of the meeting requested by Mr. Di Manto. Mr. Peacock suggested the Council continue this hearing to the meeting of September 18th to have the staff revise the Ordinance as directed by the Council. There was a consensus to continue this hearing to September 18, 1991. City Attorney Riback informed the Council he would be absent on September 18, 1991. 6. B. Award of Contract for Civic Center Improvements: Capital Project 956 City Manager Peacock presented the staff report. He noted the City Engineer and the Architect have examined the details of the bid submittal. Swenson and Associates were declared the lowest responsible bidder. He noted the bid is under the budget. City Engineer Perlin stated Swenson and Associates did provide a breakdown of their bid and compared with cost estimate, the bidder's figures are compatible. After checking references the developer received high marks. The three alternates staff is recommending be awarded with the base bid are alternates 2, 3 and 6. Alternates 2 and 3 include the site parking lot on the east and north side of the building. Alternate 6 involves additional dry wall on the Community Center. He stated the contractor is anxious to get started. Mr. Peacock stated the cost of a skateboard facility has been subtracted out as part of this bid. In response to Councilmember Monia's question regarding lateness, Mr. Perlin stated the penalty is $500 a day. Withholding of the final payment is 10% upon full acceptance. Bonding is at 100% of the project both for performance as well as'labor and materials. The bonding includes attorney fees, as well as any extras added into the project. He noted the contractor has been in business for at least 10 years. In response to Mayor Kohler's question regarding the change order, Mr. Perlin stated as part of the award, staff is requesting that council authorize staff to execute change orders up to $75,000. Mayor Kohler stated change orders should be reported to the Council. Councilmember Monia suggested a report back when change orders take place and the amount. MONIA/ANDERSON MOVED TO APPROVE STAFF'S RECOMMENDATION AWARDING THE BID TO SWENSON & ASSOCIATES OF CAMPBELL FOR THE TOTAL AMOUNT OF $1,364~560. PASSED 5-0 C. Amendment to Open Space Contract with Willdan and City Council Minutes 9 September 4, 1991 Associates City Manager Peacock stated this is a recommendation from the Planning Director to amend the contract with Willdan and Associates. CLEVENGER/STUTZMAN MOVED TO APPROVE THE CONTRACT AMENDMENT FOR AM ADDITIONAL $3025. PASSED 5-0. Mayor Kohler expressed concern regarding the cost overrun. Planning Director Emslie stated the overrun is a direct result of a request made by the task force who went beyond the scope of work described in the contract. D. Trust Agreement for deposit of funds - Saratoga Community Access Television Foundation City Manager Peacock stated the Foundation is requesting the City be a depository for their idle funds. CLEVENGER/MONIA MOVED TO APPROVE THE TRUST AGREEMENT DIRECTING THE MAYOR TO EXECUTE IT ON BEHALF OF THE CITY. PASSED 5-0 E. Metropolitan Transportation Commission Resolution 2303 - Granting Project Approval of Route 85 between 1-280 and US 101 at Bernal Discussion was held on the air quality goals. Councilmember Anderson suggested writing a letter to Judge Henderson to review the standards under which the decision was made. Mayor Kohler authorized Councilmembers Clevenger and Anderson to work with City Manager Peacock to write a letter to Judge Henderson. F. Policy statement on Creekslde Trails for Open Space and Circulation Elements (Burlingham oral communication from 8/7) City Manager Peacock stated the Council had received a report from the Planning Director of proposed wording to be sent to the Planning Commission. He noted a letter from Mr. Brooks discussing the proposed language and also expressing concerns. Mr. Bob Cross, Attorney, stated the staff memo adequately addresses the concerns of the residents. Mr. Brooks stated he did review staff's memo and does not support the proposed policy. He requested the Council read the letter he submitted. Mr. Brooks reiterated the comments in his letter and requested the policy be amended to allow the City to retain the flexibility to analyze each decision and to consider both private and public interests. Mr. Brooks stated the streams need to be utilized to connect the trail system with Stevens Creek County Park. He felt the requirement of streams should be as important as open space. He urged the Council not to adopt the Policy Statement. Councilmember Clevenger asked Mr. Brooks how he would resolve the problem of the property owners trying to sell their property along the creekside with the knowledge that someday the City might develop the creeks into a trail system? Mr. Brooks stated the 2nd sentence of the policy should be deleted. He stated the specific problems of Wildcat and Saratoga Creek have been addressed in the first sentence. He stated the City should retain flexibility rather than not consider it at all. Councilmember Monia asked Mr. Brooks if he is in concurrence with Council with regards to Saratoga and Wildcat Creek given the fact that the easements are not pedestrian or equestrian trails. City council Minutes 10 September 4, 1991 Mr. Brooks stated he agrees with Council that it is impractical and impossible to acquire trail easement throughout Saratoga and Wildcat Creeks, but to put a blanket clause, as proposed, eliminates the possibility of trails on parts of the Creeks where it could be possible. Mr. Robert Cross, 13132 Via Madronas Dr., stated at the July 17, 1991 Council meeting there were many residents, who reside adjacent to the creek, opposed to trails. Their properties were developed as a consequence of a plan then acceptable to the City Council and Planning Commission at that time. Some of the properties are within 20 ft. of the Creek bank, which is in a flood zone. A trail would have to placed above the flood line. He stated the residents felt their vested rights would be violated if a trail system was developed. Mr. cross suggested including "Residential Properties" within the staff recommendation to address those' residential properties that are within the creekside areas. He stated the creeks were primarily dedicated for water conservation. Mr. Preston Burlingham, 14173 Squirrel Hollow Lane, stated he is in favor of trails, but not going through the middle of his backyard. He feels the aesthetic value of the property would be lost if trails are allowed. Mr. Eric Morley stated he concurred with Councilmember Clevenger, both home buyers and sellers in the Creekside areas have been held in abeyance as to the outcome of this and the perceived loss of property value. He stated the residents need the assurance that there will be no developments in these areas. Councilmember Anderson agreed that the 2nd sentence of the policy statement should be deleted. She suggested including boundaries on the creeks so as not to include hillsides. Councilmember Monia concurred. Councilmember Stutzman stated that there are some areas of Wildcat Creek that should not be excluded. There is a long segment which people use which does not impact the property owners. He stated the trials are not intended to encroach on property owners. MONIA/ANDERSON MOVED TO CONTINUE WITH DIRECTION TO STAFF TO PROVIDE MAPS OUTLINING THE TRAILS. PASSED 5-0. City Manager Peacock suggested developing a policy statement which indicates that the City has no intention of developing trails along portions of the creeks which are not designated as trail systems. The Councilmembers agreed. Report from Planning Commission on appeal of denial of design review approval at 14801 Andrew Ct. (Appellant/applicant, West)(DR91-013) (referred to Commission on July 17) CLEVENGER/ANDERSON MOVED TO GRANT THE PLANNING COMMISSION THE ADDITIONAL TIME THEY REQUESTED ON THE WEST APPEAL. PASSED 5-0 H. Report from Parks and Recreation Commission on complaints from Therese Osborne on Gardiner Park CLEVENGER/ANDERSON MOVED TO APPROVE STAFF RECOMMENDATION. PASSED 5- 0 ?. NEW BUSINESS A. Authorization for Mayor to sign Subordination Agreement for 1989 CDBG Loan CLEVENGER/STUTZMAN MOVED TO AUTHORIZE THE MAYOR TO SIGN SUBORDINATION AGREEMENT POR 1989 CDBG LOAN. PASSED 5-0 City Council Minutes 11 September 4, 1991 B. Resolution amending Conflict of Interest code to include all management staff members who oversee contractors ANDERSON/MONIA MOVED APPROVAL OF RESOLUTION NO. 779.4, AMENDING THE CONFLICT OF INTEREST CODE. PASSED 5-0 C. Designation of Voting Delegate for League of California Cities Annual Conference CLEVENGER/STUTZMANMOVED TO APPOINT MAYOR KOHLER AS DELEGATE FOR LEAGUE OF CALIFORNIA CITIES AND COUNCILMEMBER ANDERSON AS ALTERNATE. PASSED 5-0 D. Proposed Program Enhancements~ Traffic Safety Enforcement and Traffic Engineering Analysis This item was continued by consensus. E. Design, Specifications and Budget for Beauchamps Park Mr. Trinidad, Maintenance Department, stated the staff report is self explanatory and will answer any questions. Mr. Steve Wheeler, Architect, noted traffic was a concern when developing the park. Mr. Wheeler pointed out the access to the park as well as handicap access. He stated this is a low maintenance park and is simply zoned. He presented a preliminary plan outlining the zoning areas. He pointed out the. activity areas in the park and noted the buffer zones for adjacent neighbors. In response to the Council~s questions Mr. Wheeler stated the tennis court was developed, taking the sun into consideration. The basket ball court is 60 to 80 ft. away from residential homes. Mr. Douglas Lipton, 20910 Burnett Dr., presented a petition to the Council in favor of the park noting there is a strong consensus for a community park. He stated the design of the park is the result of neighborhood involvement. Mr. Lipton stated Beauchamps Ln. is a busy street and the children need a park. In response to Councilmember Anderson~s question Mr. Wheeler stated there is a walkway from one end of the park to the other which connects to the different areas of the park. Councilmember Monia suggested some trees along Beauchamps Ln. Mr. Wheeler stated there are no trees so as to maintain a view and also a cost concern. Councilmember Monia suggested planting a few trees in this area. Mr. Ed Rodriguez, 12308 Crayside Ln., expressed support for the park and concurred with Mr. Liptonts comments. MONIA/ANDERSON MOVED TO APPROVE THE PRELIMINARY DESIGN AS PREPARED. PASSED 5-0. F. Memo Authorizing Publicity for Upcoming Hearings Solicitors Ordinance~ Repeal of Conditional Final Maps~ R-OS Ordlnance~ Design Review Ordinance CLEVENGER/MONIA MOVED TO ACCEPT PUBLICITY AS RECOMMENDED. PASSED 5- 0 9. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meeting September 10 with Makone Board and Tr. 7770 Investigative Committee B. Reports from Individual Councilmembers Councilmember Clevenger stated on September 19, 1991 there will be a Cities meeting in Gilroy to discuss regional issues. She requested the Councilmembers look at the literature on regional government set out by SCCCA so as to give the delegate direction on how to vote at this City Council Minutes 12 September 4, 1991 meeting. The Councilmembers discussed the issues to be addressed at the meeting. Councilmember Clevenger also reported on the Sister City visitors schedule and urged Councilmembers to attend any functions they could. 10. CLOSED SESSION on pending litigation on' illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. 11. ADJOURNMENT The meeting was adjourned at 12:25 a.m. to the meeting of September 10 at 6:30 p.m. at Hakone Gardens. Respectfully Submitted Catherine Robillard Minute Clerk