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HomeMy WebLinkAbout10-16-1991 City Council Minutes MINUTES .... d~ SARATOGA CITY COUNCIL TIME: Wednesday, October 16, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Anderson, Clevenger, Monia, Stutzman, Mayor Kohler Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Environmental Programs Manager Gloege, Interim Planning Director Adar. Planning Commissioners Present: Planning Commission Caldwell. Mayor Kohler requested the letter the Council received regarding the digging around two oak trees on Fruitvale Ave be placed on the agenda under New Business for discussion. ANDERSON/MONIA MOVED TO PLACE THIS ISSUE ON THE AGENDA AS AN EMERGENCY ISSUE. PASSED 5-0. 2. CEREMONIAL ITEMS A. Presentation of "Saratoga,, Booklet by President of League of Women Voters Ms. Fran Krezek, President, League of Women Voters, noted the League recently published a booklet about the City of Saratoga. She acknowledged the Saratoga Rotary Service Fund and the Saratoga Chamber of Commerce for their grants to publish this booklet. Ms. Krezek presented the booklets to the Council. B. Presentation of First Loan Repayment in the Mount of $25,000 from Hakone Foundation by Mayer Kohler to the City Treasurer Mayor Kohler stated that he was wrong in judging the Hakone Foundation. He noted he is very impressed with the Foundation. 3. ROUTINE MATTERS A. Approval of Minutes 10/2 Councilmember Anderson corrected the minutes as follow: Page 5, 3rd Paragraph, add "...due to increased population caused by the construction..." after the word "infrastructure". Also same paragraph add "...because they do not increase population" after the words "...at a lower rate..." Mayor Kohler corrected the minutes as follows: Page 6 "Mayor Kohler concurred" should be changed to reflect he concurred with Councilmember Anderson in regards to the City missing out on an opportunity, but not for the apology as he was not partof the process. STUTZMAN/MONIA MOVED TO APPROVE THE MINUTES OF 10/2, AS AMENDED. PASSED 5-0 B. Approval of Warrant List MONIA/STUTZMAN MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0 C. Report of City Clerk on Posting of Agenda City Manager Peacock noted pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 11. 4. CONSENT CALENDAR A. Planning Commission Actions, 10/9 - Noted and filed. City council Minutes 2 October 16, 1991 B. Parks and Recreation Commission Minutes, 9/9 - Noted and filed. C. Public Safety Commission Minutes, 10/7 - Noted and filed. Authorization for city Manager to execute contract and purchase order for reformattlng and reprinting of City Code. E. Proclamation on Children~s Day for costume Parade on October 26 F. Resolution 91-67 commending Bruce Mitchell for service on Heritage Preservation Commission Special Event Permit for Village Halloween Costume Walk, October 26, 1991 CLEVENGER/ANDERSON MOVED T~ ~PPROVE THE'CONSENT'CALENDAR. PASSED 5-0 CONSENT CALENDAR II - Claims A. Application to file late claim in case where child was hit by auto in 1979 - Butler ANDERSON/MONIA MOVED DENIAL TO FILE LATE CLAIM. PASSED 5~0 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Barco expressed concern regarding football games at West Valley College. He stated Saratoga is a City of residential homes. Although he supported the College, he did not support a stadium. He objects to any football games and urged the council to stand by their original position - no stadium and no football games. Ms. Karin Dowdy, Brook Lane, stated she does not have to be present for the council to consider her item. Mr. Bert Martel, 14420 Fruitvale Ave., expressed concern regarding an agenda item in the minutes. He noted there are untrue statements about him. He extended an invitation to the Council to go to a football game at 3 p.m. on Friday, which was being played in a stadium according to the City's definition, in violation of City ordinances. Councilmember Anderson noted, with regards to recycling, clear plastic should not be placed in the containers with glass. Councilmember Stutzman left the meeting at this time to attend a County Medical society Special Committee meeting relevant to air quality as it pertains to the Paul Masson site. B. WRITTEN COMMUNICATIONS 1) Petition from Quito Oaks Property Owners requesting detachment from Landscaping and Lighting District City Manager Peacock noted the Council had received a memo from the City Attorney which outlines the issues to be considered if the Council proceeds with the detachment. He advised the Council that people living in this area were given notice of the formation of the district. He noted 8 of the property owners did protest the formation. Councilmember Clevenger spoke in support of placing this item on the agenda. She stated the property owners should be given the opportunity to speak. Councilmember Monia requested the minutes of the public hearing regarding this issue be attached to the staff report. Councilmember Anderson requested staff outline the financial impact of the detachment. She questioned if the fee can be changed. City Council Minutes 3 October 16, 1991 There was consensus to place this on the agenda at a future hearing. City Manager Peacock suggested directing to the City Attorney to write a resolution of intention for the Council's approval or denial. Councilmember Clevenger stated she has no interest in raising an assessment, but feels the issues need to be addressed. 2) Patrioia Castillo, City of Sunnyvale, with suggestions concerning regional government. Councilmember Clevenger stated Ms. Castillo makes a good point in her letter to the Council, that an interim committee is forming which does not represent all the Cities in the County. She noted the City should respond informing Ms. Castillo of their concerns, but would be interested in participating in activities in which these concerns will be discussed. She also suggested pursuing this at the Cities Association. Councilmember Anderson suggested this be placed on the agenda in the near future.' She noted the Council needs to take a position on this issue and be alert of the meetings being held regionally. Mayor Kohler briefed the Council on the Cities Association meeting noting there were concerns from Cities outside of San Jose regarding these issues. Councilmember Monia noted a letter should be drafted as suggested, but he does not support this item and would like the letter to reference this. He expressed concern regarding the setup of the regional government. City Manager Peacock noted the Cities Association will be sending their position to each city. He urged a-member of the Council to attend the next general assembly of ABAG, at which this issue will be discussed. Councilmember Clevenger noted that the City is only participating in discussions at this point. She expressed concern regarding the Regional Board. Councilmember Monia stated he would attend the ABAG meeting. 3) Letter from Planning Commission regarding process for selection of Interim and Permanent Planning Director Councilmember Clevenger stated it is not the proper procedure to have the Planning Commission interview an interim Planning Director. She noted in the past a representative from the Planning Commission and City Council. sit in on the interview, but it is the City Manager's decision. Mayor Kohler spoke in support of the Planning Commission's request. Councilmember Monia stated the Planning Commission is concerned about a close relationship with the Planning Director. He noted he supports the Planning Commission's request and the final decision will be made by the City Manager. Mr. Peacock stated with the previous.Planning Director, he obtained the services of other City Managers, but he made the final decision. Councilmember Anderson expressed concern regarding the process and setting a precedent for all Commissions to be involved in the hiring process. Planning Commissioner Caldwell stated the Planning Commission wish to offer concerns based on a courtesy interview. She noted the final decision will be the City Manager's Mr. Barco stated the City Manager is responsible for all employees of the City and therefore should make the final decision. Mayor Kohler stated further discussion of this issue will be delayed City Councll Minutes 4 October 16, 1991 until Councilmember. Stutzman returns to the meeting. 4) Jeffrey Schwartz, 19281 San Marcos Rd., with concerns about work performed by City employee. Councilmember Clevenger stated the City Attorney should respond to the issueS. CLEVENGER/MONIA MOVED TO REQUEST THE CITY ATTORNEY TO ANSWER MR. SCHWARTZ~S QUESTIONS IN WRITTEN FORM. PASSED 4-0 (Stutzman absent) 6. OLD BUSINESS A. Response to oral communication of Septen~ber 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/lS) Mayor Kohler apologized to Ms. Dowdy for the postponement of this item. Councilmember Anderson stated she misunderstood what transpired at the September 4th meeting and apologized for the accusstions. Councilmember Monia stated what is important is not what was said, but how Ms. Dowdy perceived it. He apologized for offending Ms. DOwdy. He stated his perception of Ms. Dowdy~s comments has not changed. He expressed concern regarding the accusations to Mayor Kohler. He stated he got the impression that Ms. Dowdy was accusing the Council of delaying. Mayor Kohler stated that his impression was also that Ms. Dowdy was accusing the Council of delaying. With regards to Ms. Dowdy listening to the tapes, Mayor Kohler stated there was a confusion as to his directions to the Deputy city Clerk regarding tapes. He was referring to the Cocciardi hearing and did request people be supervised when reviewing this tape. He noted having a City representative present when a person is listening to a tape is protection for the person and the tape and this should be a policy. Councilmember Anderson stated she did not label Ms. Dowdy's actions as inappropriate. The Councilmembers proceeded to the public hearings. 8. PUBLIC HEARINGS - 8:30 p.m. A. Nuisance Abatement Proceedings for 12501 De Sanka Avenue (W. Chew) city Manager Peacock noted he has provided the Council with additional items: a resolution declaring the property a public nuisance; a memo, a notice of hearing. The resolution, if adopted, would order the abatement. He noted the nuisance has a long history and reiterated comments from the staff report. He noted in spite of actions by the City Mr. Chew continues to collect trash and debris. Mr. Peacock stated he personally visited the property this afternoon and although Mr. Chew has removed some of the trash, it still remains a nuisance and it is necessary to abate the nuisance. Mayor Kohler opened the public hearing atS:50 p.m. Mrs Carol Joyal stated they bought their home in 1984 and was assured that the remaining lot would be used for a single family home. She noted this lot has been used for junk and expressed concern regarding property value in the area. She urged speedy resolution to this problem. Ms. Joyal presented a petition to the Council from neighbors. City Manager Peacock stated the property owner of the vacant lot has been told to clean up his lot. He noted the City Council has to take action and should move expeditiously to fulfill the remaining legal and administrative requirements that are necessary before the City clears the property. city Council Minutes 5 October 16, 1991 Mr. Chew, 12501 DeSanka Ave., noted he has made progress in cleaning up his property. He apologized to the neighbors. He noted he has sold off tonnage of trash and will continue to try to meet the deadline. He noted he has purchased building materials and requests that these not be'removed. In response to Councilmember Monia's question Mr. Chew stated he does not have an existing building permit, but will re- apply. The public.hearing was closed at 8:55 p.m. Councilmember Anderson stated she is sympathetic to the neighbors. ANDERSON/CLEVENGER MOVED TO ADOPT RESOLUTION 91-66.1. Councilmember Clevenger stated this is painful for Mr. Chew and the Council as well as for the neighbors and noted she is not in support of an exception for the building material. Councilmember Monia concurred. Mayor Kohler concurred with Councilmember Clevenger noting that Mr. Chew can start with a clean slate and keep his property clean. The above motion was carried. Passed 4-0 (Stutzman absent) B. Request to amend the General Plan from Low Density Residential to Very Low Density Residential for a site at 20301 Hill Avenue, with the associated Negative Declaration. The request also involves amending the zoning ordinance to reclasslfy parcels currently in the R-1- 20,000 zone district to R-1-40,000 in order to ensure that all parcels under the same ownership are in consistent zone districts. (Applicant, Estate of Audrey Smith) (GPA 91- 001; ZC 91-002) Interim Planning Director Adar presented the staff report. She noted the request is for a General Plan and Zoning Ordinance Amendment which was initiated by the owner. She noted the planning Commission reviewed the application and recommended approval. The amendment will achieve lower density and more restrictive development standards. Mayor Kohler opened the public hearing at 9:00 p.m. Mr. Bill Heiss, Civil Engineer, stated the intent is to get the property to conform to one zone district. In response to Councilmember Monia's question Mr. Heiss stated parcel B will be subdivided further. Mayor Kohler closed the public hearing at 9:06 p.m. Councilmember Clevenger spoke in support of the General Plan Amendment. MONIA/ANDERSON MOVED APPROVAL OF THE NEGATIVE DECLARATION. PASSED 4- 0 (stutzman absent) MONIA/ANDERSON MOVED APPROVAL OF RESOLUTION 91--68 AS RECOilMENDED BY STAFF, AMENDING THE GENERAL PLAN. PASSED 4-0. (Stutzman absent) CLEVENGER/ANDERSON MOVED TO INTRODUCE THE. ORDINANCE BY TITLE ONLY AND WAIVE FURTHER READING. PASSED 4-0 (Stutzman absent) 6. B. Policy Statement on Creekside Trails for open Space and Circulation Elements (Burlingham oral communication from 8/7)(continued from 9/18) City Attorney Riback noted modifications were made to the proposed resolution. He stated prior to the hearing Councilmember Stutzman indicated that the changes did not reflect his concerns and this statement has been modified further to read "In the event a landowner has no legal right tO object to a trail or public access easement across or abutting his property, this policy statement shall not City Councll Minutes 6 October 16, 1991 apply". He stated Councilmember Stutzman wanted to make it clear that if a property owner had no right to object then the policy statement should not apply and the City Council should have the discretion to take whatever action it deems appropriate. In response to Mayor Kohlerts question Mr. Riback stated this policy is unusual, but can be adopted. Mr. Preston Burlingham voiced objections to Councilmember Stutzman~s continual modifications to the resolution. He stated people do not want creekside trials. Mr. Burlingham stated he is speaking for many people. He stated the amendment should be approved as presented at this hearing. CLEVENGER/MONIA MOVED TO ADOPT THE RESOLUTION 91-68 ADOPTING A POLICY PROHIBITING TRAILS ALONG PORTIONS OF SARATOGA AND WILDCAT CREEKS WITH THE AMENDED LANGUAGE. Mr. Bob Cross concurred with Mr. Burlingham. He objected to the modification requested by Councilmember Stutzman and requested the resolution be adopted as previously written. Councilmember Anderson stated she is not in support of the change as requested by Councilmember Stutzman and would be opposed to the motion. Councilmember Monia stated the change requested i~ not significant and supports the motion. Mayor Kohler stated there has been good cooperation between staff and neighbors and would support the motion. City Attorney Riback stated the modification is not a substantive change. City Manager Peacock stated many cities have policy statements not to condemn or use public funds to acquire easements or trails. Mr. Burlingham expressed concern about the change requested by Councilmember Stutzman. He stated he does not want this issue opened up again. Mr. Bob Cross expressed concern about the language of the modification regarding the legal aspect. He feels the language will create more problems. Councilmember Monia explained the language used. He noted the language deals with property owners who wish to dedicate property. Councilmember Anderson suggested being specific in the statement. Councilmember Monia stated dedication should be added into the policy statement. City Attorney Riback stated there may be language in the deed dedication that may provide some legal right to object. Councilmember Monia stated the intention of the statement is not to prohibit property owners from.dedicating an easement, they should not be denied this. City Manager suggested changing the last.paragraph to read "This policy shall not apply to currently dedicated trail easements in the subject area" Councilmember Clevenger suggested removing the word "currently". This was accepted by the Council. The above motion was carried with the language recommended by the City Manager. Passed 4-0 (Stutzman absent) C. Route 85 - Saratoga Creek to Los Gatos Creek: Design and Plans. City Engineer Perlin reiterated his comments as outlined in the staff report dated October 16, 1991. City Council Minutes 7 October 16, 1991 Councilmember Clevenger noted the wall heights west of Saratoga Ave. on both sides of the corridor are 16 feet. Councilmember Stutzman returned to the meeting at 9:55 p.m. Mr. Perlin noted that there is one lane of traffic in each direction on the Quito Rd. overcrossing, this will be corrected in the staff report. In response to Councilmember Anderson's question regarding the width. of the bridge, Mr. Perlin stated it does include the sidewalk. Councilmember Clevenger questioned the gap in the sound wall if the Paul Masson site does not develop. Mr. Perlin stated if the site is not d~veloped there is no need for a sound wall. Mr. Will Kempton, Traffic Authority, stated the original proposal was to have development of this site underway prior to expiration of Measure A tax. He noted there is no requirement to provide for a sound wall because the site is undeveloped. A chain link fence would be used. He noted the height of the walls are 16 ft. as questioned by Councilmember Clevenger. City Manager Peacock stated if development does not go forward before expiration of the Traffic Authority, the property owner will be required to build the wall as designed, when developed. Mr. Alan Strong, Montpere Way, expressed concern regarding the height of the wall east of Quito on the southern side of Route 85. He requested 16 ft. Mr. Kempton explained that the portion of the freeway, west of Wildcat Creek noting there is a technical restriction. He noted the wall can be built to 16 ft., but cannot be done within the cost provided. Mr. Perlin noted the additional cost would be approximately $25,000. Mr. Strong urged the Council to provide the funds to upgrade from Quito to san Tomas. He noted neighbors were not notified of this meeting and requested they do so. Ms. Carol Machol, Ronnie Way, stated west of Saratoga Ave. the wall height should be 16 ft. on both sides from Saratoga Creek to Saratoga Ave. She stated the walls at the ihterchange have been approved by Cal-Trans at 12 ft. Mr. Perlin noted these walls have already been approved at 12 ft. Ms. Machol stated that the wall from Saratoga Ave to Bonnet Way is not discussed in the staff report, but has been approved at 16 ft. by Cal- Trans. Bonnet Way should also be 16 ft. She urged the Council to look at the profile of the freeway from Saratoga Creek to Saratoga Ave before approving. Mr. Ralph Slain, 13501 Souza Ln., expressed concern regarding the sound wall so close to his property. He noted he would like to see Santa Clara county Traffic Authority take all the property or none. ~ Mr. Kempton stated they.are in continuing negotiations with the property owner. He noted the sound wall jogs around his house, but is beyond setbacks. He noted they are acquiring less than 10% of the lot. In response to Councilmember Clevenger's question, Mr. Kempton explained the additional cost to provide sound attenuation on the 270 ft. portion. He noted 3 or 4 homes would back up to the 270 ft. Mr. Dale Drumm, 18396 Montpere Way, reiterated Mr. Strong's comments and requested the 16 ft. wall, he stated this is the consensus of the neighborhood. City Councll Minutes S October 16, 1991 Mr. Jeff Schwartz, San Marcos Rd., questioned if the bridge would accommodate 4 lanes if Quito Rd. was widened. He also questioned the legal aspect of using federal funds and truck use of the freeway. Mr. Kempton stated State Law prohibits truck traffic over 9,000 pounds on the'85 corridor. He noted this will be enforced. He noted a four lane bridge would be inconsistent with their policy. In response to Mayor Kohler's question, Mr. Perlin stated the only way to make the bridge four lanes would be for the City to fund the costs of widening the bridge. He noted the bridge structure is within the City of San Jose. In response to Councilmember Monia's question, Mr. Perlin stated there are only two lanes on the bridge. Councilmember Monia stated he felt the issues of wall heights were resolved'and the Council made final decisions. Mr. Kempton stated the problem is the additional cost of $25,000 to build the portion of the wall at 16 ft. With regards to Bonnet Way, City Engineer Perlin provided a table to the Council outlining the commitments the City and Traffic Authority have made regarding wall heights. It states the changes which have been made and the financial impact. He noted included in the Staff report, is a report from Mesiti-Miller Engineering. Mr. Mesiti-Miller, Engineer, noted he had visited the site and reviewed the original Cal-Trans documents. He stated there are two choices, a pre-cast concrete wall or a wood wall. Mr. Miller stated a wood wall would be more appropriate and explained the different types of wood that can be used and the cost. He noted masonry is also an option. In response to Councilmember Anderson's question Mr. Miller stated the minimum thickness of the wall would be 3 inches, which will meet the sound attenuation the Traffic Authority require. C0uncilmember Anderson felt that the maintenance of the wood fence would be more than it would be with a concrete wall. She questioned the toxic used for treating a wood fence and if it would leak into the soil. Mr. Miller stated this is being researched. Councilmember Anderson stated she is still in support of the 16 ft. masonry wall as suggested by Cal-Trans. Mr~ Perlin stated the Traffic Authority has built a wood wall in Sunnyvale and the sound attenuation is comparable to a masonry wall. Mr. Kempton stated a wood wall is attractive, but can work out to be just as expensive as a masonry wall. City Manager Peacock stated the issue is to have a wall which will protect the neighbors from the train and they requested 16 ft. Mr. Perlin stated he will do research to find the cost of a 16 ft. masonry wallincluding'the 270 ft. portion on Quito and will provide this i~formation at the next meeting. Mayor Kohler stated that may be a taller Wooden wall would work better than the masonry wall and asked staff to look into this. Councilmember Clevenger suggested a study session with the neighbors involved. Councilmember Anderson stated this is a unique situation and should be dealt with appropriately. MONIA/CLEVENGER MOVED TO APPROVE BUILDING THE WALL AT THE 270 FT. PORTION AT QUITO ROAD. PASSED 5-0. City Councll Minutes ~' October 16, 1991 Ms. Machol stated she is opposed to wood and concrete walls on Bonnet Way. She expressed concern regarding the cap of the funds to be spent. She requested the same type of wall the rest of Saratoga is getting. Wood rots and the concrete wall.will cause noise to bounce off. She noted neighbors were not informed of this issue. Mr. Kempton questioned if the plans were approved. Councilmember Anderson stated she would like to see the plans and make sure they are correct. City Engineer Perlin stated he has gone over plans and they do reflect the wall heights discussed with exception of the 270 ft. section, which was approved. Councilmember Monia suggested approving the plans to be reviewed on the consent calendar. City Engineer Perlin suggested authorizing him to sign the plans and come back with a formal letter signed by the Traffic Authority and the City confirming the changes. MONIA/ANDERSON MOVED TO APPROVE THE PROJECT DESIGN, AS MODIFIED AT THE HEARING. PASSED 5-0. MONIA/RNDERSON MOVED TO AUTHORIZE THE CITY ENGINEER TO SIGN THE PLANS, AS MODIFIED. PASSED 5-0. Bonnet Way issue to be tabled. D. Route 85 - stevens creek Blvd. to Prospect Rd.: Design and Plans. City Engineer Perlin stated staff is requesting the Council approve the project design and he receives authorization to sign the plans. He noted there is only 1000 ft. of sound wall involved in this project. Mr. Perlin reiterated his comments as outlined in the staff report. In response to Mayor Kohler~s question, Mr. Perlin said he gave direction to notify the neighbors involved. He stated there has been no changes to this project. Councilmember Monia stated there has been input from the neighbors regarding this issue and feels comfortable with this as there have been no changes. MONIA/ANDERSON MOVED TO AUTHORIZE THE CITY ENGINEER TO SIGN THE PLANS. PASSED 5-0. E. Tract 8466 (Pache)- Fourth Street: Final Map Approval City Engineer Perlin stated this is a final map approval for a two lot subdivision. The final map complies with the approved tentative map. The final map has been signed off and submitted to the Council for approval. All conditions of the tentative map and the City Subdivision Ordinance have been complied too. The final map is technically correct. CLEVENGER/MONIA MOVED TO ADOPT RESOLUTION SD-90-004 GRANTING FINAL MAP APPROVAL OF T~ACT 8466. PASSED 5-0 CLEVENGER/MONIA MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT FOR THE IMPROVEMENT OF TRACT 8466. PASSED 5-0. F. Response to oral communication made 9/18 by Tom Reddick on trash City Manager Peacock noted the Council received a draft letter to Mr. Reddick regarding the issue of toters. Mr. Reddick stated he did not request smaller toters. Mr. Reddick voiced objections as to the proceedings of the hearings. City council Minutes 10 October 16, 1991 City Manager Peacock stated in April the city will go back to metered can service and people will pay for individual cans. He noted there will no longer be a senior citizen rate. He noted once the recycling programs start they are requesting that Green Valley provide a two can toter. He noted that to do what Mr. Reddick requests would require a change'in the Council-adopted policy. Mr. Reddick questioned the negotiations with Green Valley. He felt there were no negotiations. Councilmember Monia stated there were many months of negotiations with. Green Valley and citizens groups. It was a consensus of the Council to sign the letter to Mr. Reddick. Mayor Kohler returned to Item 5.B.3. 3) Letter from Planning Commission regarding process for selection of Interim and Permanent Planning Director (continued from earlier in meeting) Councilmember Anderson stated she does not want a delay in getting an interim Planning Director and has confidence that Mr. Peacock can do this. CLEVENGER/ANDERSON MOVED TO REAFFIRM THE COUNCIL'S POSITION. Councilmember Monia stated he does not want to totally exclude the Planning Commission. He noted it can be made clear to the Planning Commission that the City Manager will hire the person. Councilmember Clevenger stated she did not think the council should be involved in the interviewing of the Planning Director and does not feel the Planning Commission should be involved. Mayor Kohler stated he feels it is important for the Planning Commission to participate in the process. Councilmember Monia stated the Planning Commission should be involved as the Planning Director has to work closely with this commission. The above motion was carried. Passed 3-2 (Kohler, Monia opposed) B. Proposed County service Area - Animal control service City Manager Peacock stated the proposal is to form a service area which does require approval by the Local Agency Formation Commission. It is to provide a certain level of services as outlined in the report. It.is also to establish the ability to levy an annual fee, based on benefit, which would be slightly over $14 annually. He stated the major concern is that the fee is too high. He noted the fee would be less over time. He noted five cities have already agreed to participate in this. The issue is one of providing animal control services for the City. Councilmember Anderson expressed concern about losing County Services if the City does not participate. City Manager Peacock stated there are mandated services the County must provide to the City. Ms. Kathy Kleine, Director, Animal control, gave an overview of the mandated and non-mandated services offered by the County. Ms. Kleine stated that 18% of the County's general fund is used for these services. She noted the fee is required to increase the revenue to support the. services. She stated they are proposing that each City be represented in an oversight committee. Ms. Kleine stated the Animal Control operates 24 hours~a day. Councilmember Anderson did not feel the additional service was necessary to the City unless the existing services are improved. City Manager Peacock stated the fee is too high. He did point out that City Council Minutes 11 October 16, 1991 the County does need the revenue to provide better services. Mr. Peacock explained how this proposal came about. He stated if this was budgeted to come out of the City's general fund, he would support this. He stated he is concerned that if the City deny this, the County will not include the City in the service area. He noted this is a difficult situation. He questioned whether the city could annex into the service area in the future. Ms. Sally Logothetti, County Executive Office,'noted they would like to have the service area in place by the end of the year. Those Cities who choose not to participate at this time, can apply to LAFCO and annex into the service area at that time. She noted cities not participating will lose some of the services they are now offered. Ms. Kleine stated the fee will be lowered when the revenue starts coming in. Councilmember Monia stated he is not in favor of participating in this program. MONIA/ANDERSON MOVED TO DENY THE PROPOSAL FOR THE COUNTY SERVICE AREA TO BE REVIEWED AT THE CITY MANAGER'S DISCRETION OR IN ONE YEAR. PASSED 5-0. G. Amendment to Tax on New Construction CLEVENGER/ANDERSON MOVED TO ACCEPT THE STAFF RECOMMENDATION TO DIRECT CITY ATTORNEY TO AMEND CITY CODE TO LIMIT CONSTRUCTION TAX TO BUILDINGS AND STRUCTURES WHICH HAVE A ROOF AND REQUIRE A BUILDING PERMIT AT $.57 PER SQ. FT.. PASSED 5-0 7. NEW BUSINESS A. Agreement for County-wide Household Hazardous Waste Collection Program. ANDERSON/CLEVENGER MOVED TO ACCEPT THE STAFF RECOMMENDATION TO AUTHORIZE CITY MANAGER TO SIGN AGREEMENT. PASSED 5-0 C. Memo Authorizing Publicity for Upcoming Hearings - Residential Design and Development Standards CLEVENGER/STUTZMAN MOVED TO APPROVE THE PUBLICITY AS RECOMMENDED. PASSED 5-0. D. Discussion regarding Oak trees on Fruitvale Ave. (added to agenda) Mayor Kohler questioned the work that was being done by the San Jose Water Co. and asked if the City Arborist was involved. Councilmember Stutzman stated that San Jose Water Co. received an encroachment permit from the City to do trenching and lay a pipe. He noted the pipe was laid within two feet of two oak trees and the trenching was done near the roots of the trees. He noted the arborist was not informed of this and expressed concern regarding the life of the trees. He noted after talking to the arborist, the two trees will need special attention within the next few weeks and may even die. He noted hand digging was supposed to be done in the deeper parts of the trenches, but didn't think this had taken place. City Engineer Perlin stated this was a mistake in the Engineering Department for issuing the permit before the Arborist looked at the trees. When the Arborist did look at the trees he was discouraged. Mr. Perlin noted the trenches were not dug all the way down and was continuously inspected by City staff. He noted the Arborist did express concern about damage to the roots of the trees. The Arborist stated keeping the area moist may save the trees. He noted the Arborist was not pressured to write a report which did not reflect his observations. Councilmember Monia stated he did not agree with the City Manager's report that every reasonable precaution was taken. He stated he talked City Council Hinutes 12 October 16# 1991 with the Arborist, who was concerned about the trenching under the drip line. He noted after observing the area, 2 ft. under the drip line had been trenched and roots were damaged. He feels there was a break down in the system. He stated the City did not take precaution regarding this matter. Mr. Perlin stated he talked to the Arborist regarding the report he wrote. He stated the Arborist had written a clarifying letter. He stated the Arborist said the roots of the trees will recover. The breakdown occurred at the encroachment process. Staff was not clear that when issuing the encroachment permits they must inform an Arborist. Planning Commissioner Caldwell stated the Arborist went to the site on her request. She stated the Arborist was pressured into writing a report which did not reflect his observations. She stated the Arborist feels immediate action must be taken to save these trees. She requested the Council to direct staff to follow the arborist's recommendations. Mayor Kohler stated that staff must communicate with the Arborist and take immediate action to save these trees. City Engineer Perlin stated the Arborist will submit recommendations in writing. He did indicate that not all the roots were damaged. He feels there is a misunderstanding of what the Arborist was asked to write. He stated he asked the Arborist to write down what he was telling him over the phone. Councilmember Anderson suggested the procedure for encroachment permits be reviewed on the Consent Calendar at the next meeting. The City Engineer was so directed. 9. CITY COUNCIL ITEMS A. Barking Dog Ordinance - Need to review. B. Agenda items for adjourned meetings: October 22 and October 29 (joint meeting with West Valley/Mission College Board C. Reports from Individual Councilmembers Councilmember Monia requested to place a discussion on term limits on the agenda for the next meeting. The other members of the City Council concurred. 10. CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. 11. ADJOUI~NMENT The meeting was adjourned at 12:45 a.m. to 7:30 p.m. on October 22, then to October 29, 1991. Respectfully submitted, Catherine Robillard Minutes Clerk