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HomeMy WebLinkAbout10-02-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 2, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The meeting was called to order at 7:35 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 Commissioners Present: Planning Commissioner Caldwell 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 9/17; 9/18 Councilmember Clevenger requested that the reference to Councilmember Peterson's remarks and her testimony, which she requested be changed, be reflected in the minutes of 9/17. Councilmember Monia suggested a note indicating verbatim transcripts will follow the minutes of 9/17. Councilmember Anderson requested that on Page 1, the last sentence be deleted from her comments. ANDERSON/MONIA MOVED TO APPROVE THE MINUTES OF 9/17, AS CORRECTED. PASSED 5-0. Mayor Kohler corrected the minutes of 9/18 as follows: The following names should be Mrs. Ottenberg, Mr. Egan, Mr. Shelley Williams. CLEVENGER/MONIA MOVED TO APPROVE THE MINUTES OF 9/18, AS CORRECTED. PASSED 5-0. B. Approval of Warrant List MONIA/STUTZMAN MOVED APPROVAL OF THE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 4. Councilmember Clevenger requested adding an item to the Agenda under New Business regarding Rev. Strasburger. CLEVENGER/ANDERSON MOVED TO ADD AN ITEM TO THE AGENDA TO WRITE A RESOLUTION HONORING REV. STRASBURGER. PASSED 5-0 4. CONSENT CALENDAR These items will be acted upon in one motion unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. A. Planning Commission Actions, 9/25 - Noted and filed. B. Public Safety Commission Minutes, 9/16 - Noted and filed. C. Library Commission Minutes, 8/28 - Noted and filed. D. Authorization for attendance of Environmental Programs Manager at League of California Cities Conference, San Francisco, October 13-16, with reasonable and necessary City Council Minutes 2 October 2, 1991 expenses E. Ordinance repealing provisions of MunicipalCode pertaining to Conditional Final Subdivision Maps (second reading and adoption) G. Ordinance amending the current solicitors ordinance by restricting the practice of leaving flyers, merchandise, etc. outside residences. (second reading and adoption) I. Reclassification of Authorized Position J. Notice of completion for 1991 Street Maintenance Program K. City Financial Reports for August 1) Treasurer's Report 2) Investment Report 3) Financial Report Councilmember Anderson requested the removal of item 4H, Councilmember Stutzman requested the removal of item 4F. MONIA/ANDERSON MOVED TO APPROVE THE CONSENT CALENDARWITH THE EXCEPTION OF ITEMS 4HAND 4F. PASSED 5-0 F. POlicy Statement on Creekslde Trails for Open Space and Circulation Elements (Burlingham oral communication from S/7)(continued from 9/18) Councilmember Stutzman stated rather than denying any further development along Saratoga or Wild Cat Creeks they should deny development across property to which land owners have a legal right or desire to voice objections. Councilmember Clevenger felt that Councilmember Stutzman's suggestion will meet concerns or property owners living along the creek who want to sell their property. Councilmember Anderson stated this is a policy which can be changed in the future. STUTZMAN/MONIA MOVED TO ADD THE WORDING AS SUGGESTED BY COUNCILMEMBER STUTZMAN TO READ ... ACROSS PROPERTY TO WHICH THE LAND OWNER HAS A LEGAL RIGHT OR DESIRE TO VOICE AN OBJECTION... TO BE INSERTED AFTER SARATOGA CREEK. Councilmember Clevenger requested that this statement be clarified and approved at the next hearing. This item was continued to October 16, 1991. Councilmember Stutzman and Monia withdrew their motion. H. Ordinance amending the Zoning Ordinance adding a Residential Open Space Zone District (R-OS), which may be applied to properties within the City's Sphere of Influence upon annexation to the City (second reading and adoption) Councilmember Anderson stated that the Planning Commission should be requested to add (n) to the conditional uses, for a senior care facility. Councilmember Monia felt the Council needs to hear from the Planning Commission. He stated the major disagreement between the Planning Commissioners is how high the height should be on the Masson project site, and perhaps this will be resolved on October 9. Mayor Kohler stated the R-OS Ordinance is good. He is willing to look at other options for a senior care facility if the Planning Commission do not come to a consensus on the Masson site. He noted he would like City Council Minutes 3 October 2, 1991 this Ordinance adopted at this hearing. Councilmember Monia suggested that Page 10, (7) should be subject to Planning Commission approval. He feels there should be specific findings with regards to the setbacks if within the 150 ft. Councilmember Clevenger stated she did not feel specific findings need. to be clarified. She stated the Ordinance addresses Councilmember Monia's question regarding water quality. Councilmember Stutzman stated he would like to see specific findings as suggested by Councilmember Monia. He suggested that before the Planning Commission grants an exception the applicant must supply in writing and affirmatively prove by clear and convincing evidence that the proposed encroachment into the riparian corridor setback area will not cause increased water quality degradation, soil erosion etc. It should not be detrimental to the general public. He concurred that it should be subject to Planning Commission approval. Planning Director Emslie stated findings are difficult to make and noted it would be acceptable to add language to clarify that this would have to meet all the findings ofthe variance section. City AttornEy Riback informed the Council if changes are made to the Ordinance they should be reviewed by the Planning Commission in a public hearing process. MONIA/CLEVENGER MOVED TOADOPT THE R-O8 ORDINANCE AS SUBMITTED. PASSED 5-0. MONIA/ANDERSON MOVED THAT THE PLANNING COMMISSION REVIEW G (7) CONCERNING ADDITIONAL FINDINGS REQUIRED AND THE SETBACKS REGARDING A VARIANCE, REVIEW ADDING SENIOR CARE FACILITY UNDER CONDITIONAL USES. PASSED 5-0 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Bert Martel 14420 Fruitvale Ave., noted he did not request that this item be placed on the agenda. He stated the Chancellor at the college said he would not support a football game unless the City Council approves. He stated there should be a joint meeting with the college and the City Council. He suggested the meeting be held at the Civic Center. Mr. Tom Reddickquestioned the senior rates for the garbage collection. He requested the City Council look into this and inform him. Mr. Gene O'Rorke, 14031 Shadow Oaks Way, commended the City Council and the City Staff for their work during the emergency preparedness. He stated the Emergency Preparedness Program is a good investment for the City of Saratoga. Councilmember Anderson stated it would be appropriate for the next issue of the Saratogan to cover emergency preparedness. B. WRITTEN COMMUNICATIONS 1) Bruce Mitchell, 20400 Chalet Lane, resigning from Heritage Preservation commission. MONIA/ANDERSON MOVED TO ACCEPT THE RESIGNATION AND AUTHORIZE STAFF TO ADVERTISE FOR VACANCY. PASSED 5-0. 2) W.D. Whetstone, 14395 Saratoga Avenue, with petition to revoke ordinance on cellular transmission antennas City Attorney Riback stated GTE Mobilnet is before the Planning Commission and should not be discussed at this hearing. Councilmember Monia noted he had a phone call from Mr. Whetstone regarding the antennas. City council Minutes 4 October 2, 1991 Planning Director Emslie stated health and mechanical interference are major concerns for staff. They have requested that GTE respond to these concerns. Councilmember Anderson stated these concerns need to be addressed and should be done so by an independent consultant. Councilmember Stutzman stated there are definite health concerns and would rather be over protective than under. Councilmember Monia stated staff is looking at changing the Ordinance regarding these concerns. Mr. Don Whetstone, 14395 Saratoga Ave., noted he is pleased to hear the health issues are being considered. He noted there would be approximately 200 people affected by these antennas. City Attorney Riback reiterated his comments that this issue should not be discussed at this time. He noted to discuss this is a violation of the due process system. Mr. Whetstone stated that the population density should be taken into consideration. Mr. Joe Long concurred with Mr. Whetstone. The health factors need to be taken into consideration and there should be minimum standards to protect residential areas. 3) Proclamation for UN Day requested by Marilyn White CLEVENGER/MONIA MOVED TO ADOPT THE PROCLAMATION DESIGNATION UN DAY ON OCTOBER 24. Mayor Kohler stated last year-he voted against this and would vote against it at this time. The above motion was carried 4-1 (Kohler opposed) 6. OLD BUSINESS A. 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) City Manager Peacock stated the applicant has not resubmitted and this should be tabled until there is a report back. MONIA/ANDERSON MOVED TO' TABLE ITEM 6A. PASSED 5-0. B. Letter from County Intergovernmental Council, requesting endorsement of IGC Homeless Task Force Work Plan (continued from 9/18) Councilmember Clevenger noted she represents the Council on the IGC and suggests endorsing the Homeless Task Force. CLEVENGER/ANDERSON MOVED TO ADOPT THE HOMELESS TASK FORCE WORK PLAN. Councilmember Anderson questioned the' visits to San Diego. Councilmember Clevenger noted this will be addressed at the next meeting of the Task Force. Mayor Kohler stated he is not in favor of the endorsement as he feels it is too much Federal and State influence. The above motion was carried. 4-1 (Kohler opposed) C. Letter from Robert and Kathleen Moore, 12969 Foothill Lane, objecting to rate of construction Tax (continued from 9/18) city Manager Peacock stated Robert and Kathleen Moore have submitted City Council Minutes 5 October 2, 1991 additional information. Mr. Peacock reiterated the comments in the staff report regarding the intent of this Ordinance. He noted the structure of the Ordinance and action from previous Councils indicate sports courts, etc. are subject to tax. He noted the issue is the cost as to the function of the improvement. He stated if the tax is adjusted there are multiplier effects to the trial court funding revenue. He suggested if the Council does adjust the tax they do so in a way to make the change revenue neutral. Mr. Robert Moore, 12969 Foothill Ln., expressed concern regarding the amount of tax charged and requested waiving this fee. Mr. Moore feels the intent of the Ordinance is for structures with walls and a roof. He presented a chart to the Councilmembers showing tax comparisonS. Councilmember Anderson noted the intent of the tax was to pay for infrastructure due to increased population caused by construction. She stated sports courts, swimming pools and decks should be taxed at a lower rate. She feels garages and carports should be taxed at a higher rate than what is proposed. Councilmember Clevenger concurred with Councilmember Anderson. She stated there is a need to look at the reassessment of taxes. She suggested the City Manager prepare a table which reflect his concerns. The tax rates were discussed. Councilmember Monia stated that taxes should only be for what is under a roof. Councilmember Anderson noted she would be willing to tax the garages and carports at a lower rate than living areas. Councilmember Clevenger felt that garages should be taxed the same. She feels there should be some tax for sports courts.~ She suggested giving staff direction to come back with a recommendation. Councilmember Stutzman stated that any impervious coverage should be taxed as it adds to the storm runoff and non-point source pollution problem. He noted decks are non-impervious and should be taxed at a lower rate. There should be some tax on sports courts, but at a lower rate. He stated the revenue neutral status should not be abandoned. Mayor Kohler directed staff to come back with the Council's concerns. He noted the consensus is to lower taxes on recreation facilities and increased taxes on garages and living areas. There should be some taxes for impervious coverage. D. Letter from Saratoga Youth Commission, supporting development of public skateboard facility in Saratoga (continued from 9/18) CLEVENGER/STUTZMAN MOVED TO INCLUDE THE LETTER IN THE STAFF REPORT. PASSED 5-0. Mayor Kohler stated he received a letter from Gerard Jones who expresses concern regarding graffiti, noise and traffic, Mayor Kohler noted he shares these concerns. Ms. Glenda Rossie, 19607 Kenosha Ct., expressed concern regarding security and noise. She feels the skateboard facility will be a cost to the City and maintenance will be an issue. Ms. Rossie also expressed concern about outside residents coming in to use this facility. She recommended the City refer to Palo Alto as to their skateboard facility. Mayor Kohler stated he would like to see how many youth want this facility. He stated, in his opinion, the City Hall complex would be the best place. E. Letter from Ann Waltonsmith, 21868 Saratoga Hills Road, regarding Route 85 corridor riparian replacement and the Nelson Gardens property (continued from 9/18) City Council Minutes 6 October 2, 1991 Mr. Don McCrea questioned why it is more expensive to save the natural land than destroy it. Ms. Ann Waltonsmith, 21060 Saratoga Hills Rd., commented on her letter submitted to the Council. She stated if the decisions made could be reversed she would urge this. She feels there is money that could be used to save the open space land. In response to Councilmember Anderson's question, Planning Director Emslie stated the Army Corp permit was issued in August. Councilmember Anderson apologized for the Council missing out on this opportunity in 1985 and 1986. Mayor Kohler concurred but indicated he was not on the Council at the time.. Mr. Emslie stated the Council can request the reconsideration of the mitigation. CLEVENGER/MONIA MOVED TO WRITE A LETTER TO THE TRAFFIC AUTHORITY. PASSED 5-0 F. Amendment to the Zoning Ordinance revising Design and Residential Development Standards (with the associated Negative Declaration) (first reading and introduction) (continued from 9/I8) City Manager Peacock stated staff was directed to make changes to the Ordinance and the changes are included in the amendment to the draft. Planning Director Emslie noted technical changes to the Ordinance. Councilmember Monia noted he has several reconsiderations regarding the Ordinance after receiving input from the Planning Commission. He suggested when there is a major zoning change they should have a joint meeting with the Planning Commission. Councilmember Stutzman stated he had problems with deleting the cap, he feels the house size should not exceed 9,000 s.f. regardless of the size of the lot. He noted the community does not want these huge homes. Utilities must also be taken into consideration and feels the city does need to establish a cap. Councilmember Clevenger stated she is not in favor of a cap. She feels one large house is better than two small houses on a piece of property. Councilmember Anderson stated she does not support the cap. She stated if.a property owner has enough land then a large home should be allowed rather than subdividing. Councilmember Monia stated that each zoning district has a cap which seems to work. He noted the cap has been reduced as a result of complaints. He stated the cap should be consistent with other ordinances. He noted 7200 s.f. is acceptable, but would also accept a higher cap. If prominence becomes an issue there are ordinances to deal with these problems. Mayor Kohler agreed with Councilmember Anderson regarding the asymptotic curve describing the relatioship betwen size of house and size of lot. He suggested reducing the number of square feet for every 1000 s.f. over 80,000 s.f. or.have a cap. Councilmember Clevenger stated, given the two choices, she would prefer a cap, although she feels a cap is too restrictive and will be changed by a future Council. Councilmember Anderson spoke in favor of working with Mayor Kohler regarding the asymptotic curve. Councilmember Stutzman stated most of the restrictions will apply to the hillside areas and the issue is protecting the environment. He stated large houses will be visible and the amount of excavation must city council Minutes 7 October 2, 1991 be taken into consideration. Councilmember Monia stated the first priority is the environment, then the development of the property and feels the cap will address both issues. Councilmember Anderson suggested tightening up the asymptotic curveI rather than an absolute cap. MONIA/STUTZMANMOVED TO DIRECT STAFF TO COME BACK WITH A REVISED SQUARE FOOTAGE ALLOTMENT OF 8000 S.F. Councilmember Clevenger stated she would vote against the cap. Mayor Kohler stated he would be willing to go to 8380 s.f. asymptotically and then have a cap. Councilmember Anderson stated she is opposed to this and suggested that property owners.with large lots should be allowed large homes. City Attorney Riback informed the Council as this is not a public hearing changes should be directed to staff and then come back for a public hearing with the modifications. Councilmember Clevenger stated there are areas in the hills which would accommodate large homes. She feels precluding the option for large homes is too restrictive, flexibility is needed. The above motion was carried 3-2 (Clevenger, Anderson opposed) Councilmember Stutzman stated that the revised corner setback standards should apply to existing lots as well as newly created lots. Mr. Peacock explained if the setback requirements are changed on existing lots, non-conforming lots are created, a practice which should be avoided. Planning Director Emslie stated that if this is applied to existing lots they will be penalized. Mayor Kohler stated the impervious surface limit is too high. Councilmember Anderson suggested that Item G be heard at this time, because of school children present for this particular hearing. The Council agreed. G. Pedestrian/Bicycle Safety Improvements in and around Saratoga Avenue/Fruitvale Avenue intersection, including letter from Angus Huang. City Manager Peacock reiterated comments from the staff report. Councilmember Clevenger agreed with the staff report, she felt the staff report addressed the needs of the safety improvements. Ms. Madeline Chiavetta, Chardonnay Ct., presented photos to the Council. She stated it is important to get the bike path maintained. She requested that the City talk to the people who disk the field, to do it at times when children are not going to and from school. She suggested city activities be scheduled at. times when children are not going to and from school. She noted they have talked to parents regarding car-pooling. Councilmember Anderson stated the Congestion Management Plan will mandate the college to institute car-pooling and noted the Council will work with her. Ms. Chiavetta requested the police be at the intersection for the next two weeks. Mark Chiavetta thanked the Council for the crossing guard as now it is safer to ride his bike to and from school. City Council Minutes 8 October 2, 1991 Douglas Leverich noted that last year when riding his bike he had to dodge traffic. This year is much better now that the crossing guard is there. He thanked the Council. Scott Simms noted he rides his bike to school and feels safer now. He noted he had observed 500 cars turning right from Fruitvale onto Saratoga Ave. between 3 -3:30 p.m. Scott Peterson noted that he had observed 200 cars turning from Scotland onto Saratoga Ave. between 3 -3:30 p.m. He stated the crossing guard is an improvement for the safety of the bikers and hopes improvements will continue. Jeff Randese thanked Council for the crossing guard. He stated he observed 490 cars going east on Fruitvale between 3 - 3:30 p.m. Sergio Severo talked about the dangers of bike riding to school. He stated the bike path on the east side should be widened for safety. He observed 86 cars coming into Scotland Drive between 3 3:30 p.m. Peter Fabricius noted he observed 440 cars from Fruitvale onto Saratoga Ave. at the same time period. He thanked the Council for the crossing guard. Councilmember Clevenger stated the survey was very good. CLEVENGER/ANDERSON MOVED TO UPGRADE THE INTERSECTION, TO CONSTRUCT A TEMPORARY PUBLIC WAY, AND TO COORDINATE CITY ACTIVITIES WITH THE SCHOOLS. Councilmember Monia expressed concern regarding the intersection especially when the freeway opens. He feels the right turn from Fruitvale onto Saratoga will never be safe unless some improvements are made. He also expressed concern regarding cars speeding and suggested staff look at the overall traffic pattern of the intersection and work to make it safe. City Manager Peacock stated redesigning an intersection takes time and effort. He stated the staff may be able to start .construction next summer, but there is no guarantee at present. Councilmember Monia noted students use this cross walk at times outside of school hours. He noted the quicker this intersection is improved the better. Councilmember Clevenger stated compromises are going to have to be made when Kerwin Ranch is developed to make the intersection safe as soon aspossible. Councilmember Anderson suggested revisiting the possibility of a bicycle overpass. The above motion was carried 5-0 ANDERSON/MONIA MOVED TO SENT A LETTER TO THE TRAFFIC AUTHORITY TO ADDRESS THE POSSIBILITY OF A PEDESTRIAN/BICYCLE OVERPASS. PASSED 5- 0 MS. Madeline Chiavetta suggested no right turn on a red light from Fruitvale onto Saratoga. Mayor Kohler stated this will be looked into. City Engineer Perlin stated Capital Project 9125 can be used to begin to look at improvements for this intersection. He noted staff will come back with a proposal in a month. H. Response to oral communication of September 4, 1991, from Karin Dowdy requesting a public apology for incorrect statements made by Mayor Kohler, vice Mayor Monia and Councilwoman Anderson and attributed to Mrs. Dowdy. (continued from 9/18) City Councll Minutes 9 October 2, 1991 Councilmember Monia noted Ms. Dowdy was not present, so this item should be placed on the next agenda as the first item under Old Business. The Council returned to Item 6F. F. Amendment to the Zoning Ordinance revising Design and Residential Development Standards (with the associated Negative Declaration) (first reading and introduction) (continued from 9/18) (CONTINUED FROM EARLIER PORTION OF MEETING) Councilmember Monia stated he would like to reconsider the 2% height penalty. He noted this is a tool for a one story alternative. Mayor Kohler directed staff to reconsider this and noted a compromise may be possible. Councilmember Clevenger stated the penalty limits people from adding a second story. Planning Director Emslie stated the intent of the penalty is to have the property owners make a choice when adding to their homes, to go up or out. Councilmember Clevenger feels this will prohibit many people, especially in mixed neighborhoodS, from building two story. She noted this will solve few problems, but create more. Planning Director Emslie stated this applies only to R1 districts and in reality the reduction required would be less. Councilmember Anderson felt this should be dealt with on a case by case basis. In response to Councilmember Monia's question Mr. Emslie stated the exception process was not considered. Councilmember Anderson suggested inviting the Planning Commission to the next Council public hearing. MONIA/STUTZMAN MOVED TO LOOK AT EXCEPTIONS TO HEIGHT ADJUSTMENT FOR PREDOMINANTLYTWO-STORY NEIGHBORHOODS. Passed 3-2 (Anderson, Clevenger opposed). Mayor Kohler stated that 20,000 s.f. of impervious coverage allowance is too much. Councilmember Monia concurred. He stated 12,000 s.f. is acceptable. Planning Director Emslie stated the amount of square feet has been used over the years to gauge the impact on the environment. This is not a hard and fast rule but does require a variance when exceeded. Councilmember Anderson stated it is difficult to place a number on the impervious coverage. She does not want to preclude applicants, who have large lots to have a tennis court or swimming pool etc. City Manager Peacock suggested staying within the 15,000 s.f. excluding the driveway. Regarding the site coverage as written in the Ordinance City Manager Peacock suggested (a) 15,000 s.f.., delete (b) and (c) becomes (b). Councilmember Stutzman stated that if lots are subdivided they should be prohibited against further subdivision once approved. City Manager Peacock stated this is covered in the Ordinance. Councilmember Monia stated it should be clearly stated. City Attorney Riback stated he would research this. City Council Minutes 10 October 2, 1991 There was consensus to revise the ordinance and re-advertise the hearing. The Mayor proceeded to Item 6I. I. Proposed Program Enhancements; Traffic safety Enforcement and Traffic Engineering Analysis (continued from 9/1s) It was agreed by the Council to continue this item to a study session. J. Review recommendations of Tract 7770 Committee if necessary- from discussion at the adjourned regular meeting of September 17, 1991. (continued from 9/1S) It was agreed by the Council to continue this item to a study session. 7. NEW BUSINESS A. Hakone Gardens Irrigation System Plans and Specifications, with associated budget resolution CLEVENGER/ANDERSON MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE GOING TO BID. PASSED 5-0. ANDERSON/STUTZMAN MOVED TO ADOPT RESOLUTION 91-46.3 AMENDING THE BUDGET. PASSED 5-0 B. Development of City Irrigation System Master Plan for Parks, Medians, Parkways and Landscape Facilities CLEVENGER/ANDERSON MOVED TO APPROVE THE PROPOSAL FROM RUSSELL D. MITCHELL AND ASSOCIATES IN THE AMOUNT OF $11,750. PASSED 5-0. C. Discussion of Policy on-Football at West Valley College Councilmember Monia stated he requested this item be on the agenda. Mr. Monia reviewed the background of this issue regarding lawsuits. He stated the games are inappropriate and in violation of the use permit. He suggested the City Manager draft a letter for the Councilmembers signature explaining the Council's position on football games. Mr. Bert Martel, 14420 Fruitvale Ave., stated there should be a joint meeting with the College and the Council at the Council Chambers. He stated he would like the minutes corrected to reflect that he did not request this item be placed on the agenda. He urged the college and City Attorney to research the court decisions. Ms, Patty Browder stated she enjoyed the games at the college. She noted she has heard no complaints. In response to Councilmember Clevenger's question Ms. Browder stated there were under 500 people at the game. Councilmember Monia stated there was an agreement between the Athletic Department and the residents as to what would be allowed to take place on the field. He noted a football stadium was prohibited. The field was to serve minimum needs for the Athletic Department and now additional uses are being requested. He stated the Status Quo allows seven uses of the practice field. Councilmember Clevenger stated the footbali games may not be a problem with so few in attendance. Councilmember Monia stated the City Ordinance does not prohibit the use of the practice field, it specifically prohibits loudspeakers, permanent seating, etc. He feels the position of the Chancellor of the College is, not to bring this issue up again. Councilmember Anderson stated she was willing to support football games, but still to prohibit the permanent seating. She stated football games are healthy activities for the youth of the City. Mr. Jeff Schwartz, San Marcos Rd., stated the neighbors surrounding the City Council Minutes 11 October 2, 1991 College are opposed to football games. Me stated the football game was held without the vote of the Governing Board of the College. Me noted the games are in direct violation of college policy and stated permanent seating was being constructed within the stadium. He noted he is in support of writing a letter as suggested by Councilmember Monia.' Councilmember Anderson suggested an informal meeting with the college to clarify what their policy is. Councilmember Clevenger concurred. Councilmember Monia stated the same policy should be continued. Me [eels the games do have an impact on the neighbors. Councilmember Stutzman stated that he feels football is a destructive sport but noted, out of courtesy, the Council should meet with the college. It was a consensus of the Council to have a meeting with the college. D. Discussion of Policy on Press Releases Councilmember Clevenger stated, in the past, Councilmembers very rarely responded to the press and now this has changed. She questioned the difference between a press release and a letter. City Attorney Riback stated a press release is a statement prepared in advance and given to the press by the person who signs it. It can be a document officially approved by the City or it can be from an individual. Councilmember Anderson felt the press release is used to be quoted correctly. Mayor Kohler stated if it is an official policy from the City or results from a meeting, ifla press release is requested, it should be voted upon by the Council. If it is a personal opinion, then that person has the right to speak out. Councilmember Monia stated a press release normally indicates official business. He stated if there are press releases by individual City Councilmembers they should inform the other Councilmembers so as they can respond correctly. Mayor Kohler concurred with Councilmember Monia stating that all Councilmembers should be informed of press releases. Me stated there should be a policy that all Councilmembers be informed of a press release and have the opportunity to vote on the release. Mr~ Jeff Schwartz commented on the Councilmembers comments. He stated if an individual person wants to send a letter or release to the press it should not be done on city equipment. Councilmember Stutzman explained to Mr. Schwartz city policies. He noted he has been misrepresented by Mr. Schwartz and resented this. E. Memo Authorizing Publicity for Upcoming Hearings city Manager Peacock stated there are two hearings coming up and is recommending normal advertising. There was consensus to approve the publicity as recommended. F. County Interest Retention 'of collection of special Assessments and Indebtedness CLEVENGER/MONIA MOVED TO AUTHORIZE THE CITY ATTORNEY TO RESPONSE TO THE CITY ATTORNEY OF CAMPBELL THAT SARATOGA IS INTERESTED IN JOINING THE DEMAND'FOR INTEREST AND PROVIDE RELEVANT DATA. PASSED 5-0 G. Resolution amending garbage rates City Manager Peacock noted, on request from Councilmember Anderson, he has prepared a proposed further revision to the rates in the hard-to- serve areas. There have been complaints from residents concerning the City Council Minutes 12 October 2, 1991 rate increase. He noted he has prepared a resolution based upon Councilmember Anderson~s suggested changes to the rates. He noted Mrs. Gloege, Environmental Programs Manager, has prepared a spread sheet as presented to the Council and explained it. Mr. Peacock stated if the resolution was to be adopted the City would have a $54,000 deficit ae opposed to $26,000 at the current time. This amount will have to be made up next year. Councilmember Anderson explained how she came up with the figures noting the hard-to-serve areas were receiving an unfair increase. Mr. John Ursher, Vaquero Ct., stated he had a 100% increase. He feels there should be a better way and may be the City should receive competitive bids. Councilmember Clevenger explained that Green Valley was the best deal the City could obtain. Councilmember Monia stated this is a difficult situation. He noted there is a citizens group who are involved in the process of recommending rates to convert the City to a per-can service system. Councilmember Anderson noted recycling programs have been added and these are costly for the city, so all residents 'received increased rates. She explained that the flat lands will no longer receive unlimited pickup. Mrs. Isabel Gloege, Environmental Programs Manager, explained the service of the Garbage Co. in the flat land and hillside areas noting it cost 40% more to serve the hillside areas. Mr. Gerard Wen, General Manager, Green Valley Disposal Co., explained the rate increases. He noted the reason for highest increase is because of the allocation method used. Councilmember. Anderson spoke in favor of adopting the first scenario of the spread sheet. She noted the Senior Citizen subsidy will be dropped in April. COUNCILMEMBER A~DERSON MOVED TO ADOPT THE FIRST SCENARIO. Councilmember Anderson~s motion failed due to lack of a second. Councilmember Monia suggested the increase be 50 or 60 percent. Councilmember Clevenger expressed concern regarding the $46,309.86 deficit. CLEVENGER/STUTZMAN MOVED TO ADOPT THE THIRD SCENARIO OF THE IMPACT OF "HARD-TO-SERVE" INTERIM RATE REDUCTION ON 1991-92 BUDGET LEAVING THE I CAN RATE AT $15.37 AND $15.37 FOR SENIORS. PASSED 4-1 (Anderson opposed) H. Councilmember Clevenger~s request to write a resolution honoring Rev. Strasburger. CLEVENGER/ANDERSON MOVED TO REQUEST CITY CLERK TO WRITE A RESOLUTION HONORING THE REV. STRASBURGER. PASSED 5-0. 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS - None. A. Reports from Individual Councilmembers 10. CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770 and on litigation in Villa Montalvo case and on personnel matters regarding compensation for management employees 11. ADJOURNMENT Having concluded business the meeting adjourned at 12:50 a.m. to a closed session. City Council Minutes 13 October 2, 1991 Respectfully submitted, Catherine Robillard Minute Clerk