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HomeMy WebLinkAbout09-17-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, September 17, 1991 - 7:30 p.m. PLACE: Multi-Purpose Room, Community Center, 19655 Allendale Ave. TYPE: Adjourned Regular Meeting/Joint Meeting with Tract 7770 Citizens Investigative Committee 1. Roll Call Councilmembers Anderson, Clevenger, Monia, Stutzman and Mayor Kohler were present. Committee members present were Macrae, Kalb, Caldwell (Ex Officio). Staff members present were City Manager Peacock, City Attorney Meye[s, City Engineer Perlin, Senior Building Inspector Oncay, and Planning Director Emslie. 2. Report of City Clerk on Posting of Agenda The City Clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 13. The notice of adjournment from the September 10 Council meeting was properly postedon September 11. 3. Discussion of items of Mutual Interest - Staff Responses to Recommendations by Task Force (continued from 9/11) Mr. Monia asked for clarification of the date of Mr. Oncay's visit to the site, which Mr. Oncay indicated was actually the 7th of November rather than the 6th of November, as he indicated in his report on page 9. Mr. Monia also asked for clarification on page 13 regarding discussion of when Mr. Oncay talked to the Public Works Inspector about the illegal grading. Mr. Oncay indicated he went to the site with the City Manager and Planning Director on the 7th, and the Public Works Inspector was already on the site. Mr. Oncay saw the plans (the four-sheet version) when the Public Works Inspector took them from his vehicle, which was the first time Mr. Oncay had seen the plans. Later Mr. Oncay requested and received these plans from the Public Works Inspector. Referring to page 3 of Mr. Oncay's report, Mr. Monia referred to the City Manager's memo of November 15, 1989. Mr. Oncay indicated his reference was that a set of plans had been submitted and the Council knew that unapproved plans were involved. Mr. Monia stated that Arjan knew a second set of plans had been submitted in July of 1989, but the City Manager's report fails to mention that. Mr. Monia referenced p. 35 of the Committee report and page 11, item C of Mr. Oncay's report and asked Mr. Oncay to clarify the reference to the knowledge of the City Attorney. Mr. Monia referred to the settlement agreement as knowledge of the Borrow Hill arrangement. Mrs. Clevenger referenced that the committee suggested that up to three additional lots could be created. Mr. Oncay indicated that if he had overlooked that particular reference, then he was in error. Page 26 of the report states that on June 23, 1989 offsite clearing and removal of brush "offsite" for Cocciardi on the upper site. The work was done by a D8 bulldozer. This was unapproved work. On page 9, Item d, Mr. Oncay questioned that there was evidence that the work referred to was illegal. Mrs. Anderson asked the record be corrected concerning what she and Mrs. Clevenger saw on the site on July 4, 1989. Mr. Perlin also noted the report should be corrected regarding reference to a D-8 Cat rather than a D-6 Cat which was actually used. Mrs. Anderson pointed out that the reference in the City Council Minutes 2 September 17, 1991 contractor's log is not clear as to whether work was being done off-site. Mr. Kalb stated that the intent was to try to establish a timeline of activity. It was not intended to be absolutely accurate in each' detail. Mr. Monia asked about Mr. Oncay's references to unapproved plans and the committee's misunderstanding of that reference until his second interview and also referenced the public works inspector's possession of the plans when he stated that inspectors don't carry plans to the field. Mayor Kohler asked about the memo on procedures for inspectors. Mr. Oncay replied that memo was not approved procedure and Mr. Oncay had never seen the memo before it appeared in the committee report and documents. Mrs. Anderson asked that the references to her and Mrs. Clevenger's visit on July 4 be corrected. She also asked that Mrs. Clevenger's November 8 testimony be clarified, removing the implication that she was telling a different story than others. Mrs. Clevenger concurred in Mrs. Anderson's comments. Mrs. Clevenger noted her reference to Don Peterson in her testimony for the report. Everyone on the Council, including Mr. Peterson, was outraged. Later Mr. Peterson disqualified himself from voting, but.at the time the entire Council was outraged. Mr. Kalb stated that in going over the documents all should not lose sight of the major issues and problems raised by the report · of the committee. Mr. Monia raised the issue of the recent press release from Mrs. Anderson and Mrs. Clevenger accusing Mr. Monia of charging the Council majority with a coverup by referring the matter to the grand jury. The remarks were reported in the paper and attributed to Mr. Schwartz and Mrs. Clevenger, Mrs. Anderson, and Dr. Stutzman agreed that the statement was in error. Mr. Monia asked Mr. Oncay about his involvement in SABRE Corp. and whether Neil Rauschhuber had also done work for the company, if in fact Mr. Rauschhuber had sued the company, and whether this fact might color Mr. Oncay's opinion about Mr. Rauschhuber. Mr. Oncay replied that he had a good working relationship with Mr. Rauschhuber and that Mr. Oncay was not involved with the company when Mr. Rauschhuber did work for the company. Recommendations - Refer Item #5 to staff for a policy which guides staff on applying on ground verification of topographic information. - #6: a revision to the tree protection ordinance will consider these items. Planning Commission is currently working on same. Bonding for tree protection to be required. - #7: OK - #8: Insurance as a remedy; staff to develop policy. - #9: Staff to recommend rating of companies to which City would approve. - #10: OK. - #11: OK. - #12: OK. City Council Minutes 3 September 17, 1991 #13: Issue is "no conditional completeness letter." Staff not to issue-in the future. #14: OK. #15: OK. - #16: Procedures should be put in writing; set as a priority for Engineering. Come back to Council in a month on how to proceed. - #17: OK. - #18: Winterization policy; write into general plan at appropriate element. - #19-20: City Attorney to follow up. Continued items 21-33 at September 18, 1991, meeting. 4. Adjournment The meeting was adjourned at 10:30 p.m. Respectfully submitted, Harry R. Peacock City Clerk