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HomeMy WebLinkAbout05-06-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 6, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Anderson (arrived 7:33 p.m.), Clevenger, Monia (arrived 7:32 p.m.), Stutzman, Mayor Kohler Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planner Adar, Planning Director Curtis. 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 4/15; 4/20; 4/21 STUTZMAN/CLEVENGER MOVED TOAPPROVETHE MINUTES OF 4/15, AS PRSSENTED. PASSED 3-0 (Anderson, Monia absent) CLEVENGER/STUTZMANMOVED TO APPROVE THE MINUTES OF 4/20, AS PRESENTED. PASSED 3-0 (Anderson, Monia absent) STUTZMAN/CLEVENGER MOVED TOAPPROVE THE MINUTES OF 4/21, AS PRESENTED. PASSED 3-0 (Anderson, Monia absent) B. Approval of Warrant List CLEVENGER/STUTZMAN MOVED TO APPROVE THE WARRANT LIST. PASSED 3-0 (Anderson, Monia absent) C. Report of City Clerk on Posting of Agenda City Manager Peacock stated pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 1. 4. CONSENT CALENDAR A. Planning Commission Actions, 4/22 - Noted and filed. B. (See below.) C. Youth Commission Minutes, 3/19 - Noted and filed. D. Resolution abandoning one trail easement and resolution accepting another trail easement at 21471 Contlnental Circle (Kemp) E. Resolution abandoning emergency vehicle and pedestrian access easement and resolution accepting pedestrian access easement at 20695 Rice Ct. (Godbole) F. Final Acceptance, SD87-007, Prospect Road (Developer, Blue Rills center) G. Final acceptance, SDR 1370, Mr. Eden Rd. (Developer, Irany) R. Final map approval, SD 91-002, 15425 Monte Vista Dr. (Developer, Woolworth) I. Approval of Agreement with American Youth Soccer Organization for use of Congress Springs Park for term of three years J. Authorization for Special Events Permit for Recreation Department/CASA Fun Run on June 7 K. Proclemation congratulating Odd Fellows Home on Eightieth ~nniversary City Council Ninutes 2 Nay 6, X992 L.Proclamation concerning Hire-A-Veteran Week N. Proclamation declaring National Public Works Week N. Authorization for Attendance of Naintenance Director at Pavement Hanagament Techniques Seminar in Sacramento, Nay 28, with reasonable and necessar~ expenses O. Approval of fee waiver of tamporar~ use permit tee for annual Saratoga House and Garden Tour by Sacred Heart Womenes Club P. Resolution denying Williamson Appeal heard 4/15 Resolution denying Cancellieri ~ppeal heard 4/15 R. Resolution granting acCormick ~ppeal heard 4/15 Councilmember Clevenger requested the removal of item 4S. STUTZN~N/CLEVENGER NOVED TO ~PPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF 4B. PASSED 5-0 4. B. Public Safety Commission Xlnutes, 4/13 Councilmember Clevenger requested that the Public Safety Commission be invited to the joint meeting with the Sheriff and City Council. She feels the Commission should be involved in the process. There was a consensus of the Council to send a letter inviting the Public Safety Commission. Councilmember Anderson addressed 4 P,Q & R. She expressed concern about the vote in 4Q. She stated the vote was 4-1 to deny without prejudice and this should be reflected in the resolution. Councilmember Clevenger stated that the resolutions does address the vote. The Councilmembers readdressed 4B at this time. City Hanager Peacock noted that the Law Enforcement Agencies attending the joint meeting will not make a presentation and if the Council wishes this they should discuss the length of the meeting. Councilmember Clevenger stated that it is her intention that the Public Safety Commission hear public input and not to have full presentations. Nayor Kohler stated there should be a report available from the Sheriff's Department and the Los Gatos Police Department. Councilmember ~onia suggested allowing the Law Enforcement Agencies five to ten minutes for a presentation. He also requested some background information. NONI~/CL~v~NGER NOVED TO APPROVE 4B. PASSED S-0. Councilmember Anderson stated that 4~ should represent the vote. City Attorney Riback stated the resolution,will reflect the two votes. 5. CONMUNIC~TIONS FRON CONHISSIONS AND THE PUBLIC 3. ORltL COHHUNICATIONS ~r. John ~cVay, 21779 Congress Springs Ln., noted he artended a workshop regarding cable control. He stated he is here to petition the Council to direct the Cable Commission to find a way to provide cable TV to all tax paying citizens at a reasonable cost. Councilmember Clevenger stated the Council should direct the negotiator to make sure that all of the City is served by Cable. City Council Minutes 3 May 6, 1992 City Manager Peacock stated he will pursue this matter. Councilmember Monia stated it is difficult to get to all residents, but suggested that the map be expanded. Councilmember Clevenger suggested using the Sanitation District's model to reach all residents. She stated this should be a priority. City Manager Peacock stated this is a priority and will look into it. In response to Councilmember Clevenger'squestion, City Attorney Riback stated the City Council does not have the ability to go into closed session to discuss the Cable negotiations. This is according to the Brown Act. Councilmember Clevenger stated this should be a priority and people should be kept informed. Councilmember Monia stated there is still five years under the current contract.. ~ B. WRITTEN COMMUNICATIONS 1) Jim Stuart, Allendale Avenue, suggesting change in enforcement of political sign ordinance. Councilmember Clevenger suggested that this item be discussed under the Sign Ordinance later on the agenda. She noted this would also address Mr. Stuart's concerns. Mr. Jim Stuart, 19149 Allendale Ave., read his letter addressed to the City Council, a copy of which was submitted to the Council. He stated this is harassment against one City Council Candidate. Councilmember Anderson stated the other two candidates have been fined for illegal signs. City Manager Peacock stated they were charged for the cost of removing the signs and this was a different violation from what Mr. Stuart addressed. In response to Councilmember Monia's questions City Attorney Riback stated he was not consulted as to the citations regarding Candidates Burger and Tucker. He stated the City does have the authority to enforce the Ordinance regarding the time limit on erecting signs. City Manager Peacock stated the citations were given by the Maintenance Director who has the authority to remove the signs if they are obstructing traffic. Councilmember Monia stated he is uncomfortable about the citations and feels the City needs to take a broader approach to the Ordinance. Councilmember Anderson stated she did not feel that staff is retaliating against Ms. Caldwell, as suggested by Mr. Stuart. She stated this discussion should be held off until it is discussed later on the agenda. Mr. Jeff Schwartz, San Marcos Rd., gave a slide presentation showing campaign signs which are illegally posted. He stated these are a violation of the Ordinance and feels Ms. Caldwell is being singled out to enforce the Ordinance. He also noted that the signs on City property do not have the temporary sign permits required. Ms. Ann Marie Burger, 20450 Winter Ln., stated her illegal signs went up on April 20th and were removed April 23rd. She noted she did send a letter of apology to the City. She does not feel the City is discriminating against one candidate as she was notified to remove signs. Mr. Bill Sheridan expressed concern about prosecuting violations of the Sign Ordinance. CSty Council Minutes 4 May 6, 1992 2) Penny Lave, County Cities ~ssociation, requesting suggestions for work program. C~uncilmember Clevenger stated that Senator Morgan's Bill on Regional Government will not be pursued. She stated this gives the Cities Association time to work on something else. She stated at the ABAG m~eting they discussed the possibility of resolving the problems that. exist rather than form another layer of Government. She suggested the City send a letter endorsing the three priorities, as outlined in the Memo from Penny Lave. City Manager Peacock addressed the Salary Study, noting that for a number of years the County has been involved in a Salary Study and every City in the County subscribes to this service. He stated it needs to be clarified if the City wishes to be involved in such a study. Councilmember Clevenger stated the letter should reflect that they should endorse Regional Government and Local Government as the County is already conducting a Salary Study. Councilmember Anderson stated she attended an ABAG meeting and they will be offering suggestions for the Cities Association to work with. City Manager Peacock stated he will prepare a letter. 6. OLD BUSINESS A. Pierce Road Bridge Replacement, ClP 953 - Review of bridge alignment alternatives Mayor Kohler questioned why more delays may occur. In response, City Engineer Perlin stated that the delay is due to Federal funding and will attend a meeting on May 20th to get an update. He noted he will report back to the Council after this meeting. City Engineer Perlin presented two drawings of the bridge alignment. He stated staff recommends option A. In response to Councilmember Stutzman~s question, Mr. Perlin stated the width of the bridge is 32 feet. He stated option A does meet the criteria for Federal funding. MONIA/CLEVENGER MOVED TO DIRECT STAFF TO PROCEED WITH PROPOSAL A. PASSED 5-0. B. Report from City Manager on letter from saratoga Area senior Coordinating Council concerning funds City Manager Peacock stated that staff recommends that the City Council receive and file the letter from SASCC. Also direct staff to prepare a revision to the selection criteria for human service grants funded by the general fund by including a proposed means test for review and adoption by the City Council at its 2nd meeting in July. Councilmember Clevenger stated the funds should be made available to groups who primarily serve Saratoga. Councilmember Monia requested that staff look into the possibility of using.the Block Grant money within Saratoga. City Manager Peacock stated staff will look into this. He stated the City is extremely limited when using the Block Grant Funds for new construction of housing. He also noted there is a requirement of the State that the City adopt an ordinance for low income housing to be subsidized by the City, this requires a vote of the electorate according to Article 34 of the State Constitution, and it may be possible to use the Block Grant Funds for other purposes. MONIA/CLEVENGER MOVED TO RECEIVE AND FILE AND TO PLACE ON THE AGENDA THE SECOND MEETING IN JULY AND DIRECT STAFF TO PREPARE A MEANS TEST. PASSED 5-0. 7. MEW BUSINESS City Council Minutes 5 Nay 6, 2992 A. Correspondence from City of Sunnyvale opposing use of Moffett Field for General Aviation Purposes City Manager Peacock noted staff also received a copy of a letter from the City of Mountain View to the FAA outlining the same concerns as Saratoga. He stated the City should be concerned about this from a noise, pollution and safety standpoint. He recommends that the City' support the letter from Sunnyvale. Councilmember Clevenger stated she would support Sunnyvale because it is not in the best interest of the residents of Saratoga to use Moffett Field. She feels that San Jose are moving their problems into other jurisdictions. Mayor Kohler concurred. Councilmember Stutzman stated there is going to be a need for private aviation and Moffett Field may be the only area that can potentially offer private aviation. He stated this can be controlled. He stated the City should not take away the option for this private aviation to develop. He suggested replying that they are not in favor of unrestricted use for private aviation, but it should be under strict FAA controls as well as under instrument flight rules and this may be an option for the future. Councilmember Anderson stated she would support Sunnyvale and Mountain View at this time. CLEVENGER/ANDERSON MOVED TO WRITE A LETTER IN SUPPORT OF SUNNYVALE,S POSITION. PASSED 4-1 (Stutzmon No) Mayor Kohler moved to the public hearings at this time. 8. PUBLIC HEARINGS - 8:30 p.m. a. Ordinance Revising Building code Regulations concerning Special Grading conditions by reinstating the former Section 16-15.210 (General Provisions) of the Buildlng code Regulations (first reading and introduction) city Manager Peacock stated the purpose of the hearing is to make minor changes to the Building Code Regulations as outlined in the memo from the City Attorney. Councilmember Anderson asked if the use of reclaimed water should be included in section (b). City Manager Peacock stated this is not necessary as it is included in the Water Ordinance. The public hearing was opened at 8:37 p.m. The public hearing was closed at 8:37 p.m. MONIA/ANDERSON MOVED TO DIRECT STAFF TO MARETHEREVISIONS AS SUGGESTED IN THE MEMOFROM THE CITY ATTORNEYAND INTRODUCE THE ORDiNANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 8. B. Resolution adopting General Plan Amendments to include pollcy statements in the Safety Element related to Winterization and erosion control measures on Construction sites which involve grading when construction is not completed prior to the rainy season, with the associated Negative Declaration city Manager Peacock introduced Planning Director curtis to the Council at this time. Planning Director Curtis stated this is an amendment to the General Plan to provide a written policy statement to provide for implementation measures to utilize construction sites. He stated this is basically a clean up measure. He noted staff recommends approval of the General Plan Amendment. C~ty Council Minutes S Hay 5, 1992 In response to Mayor Kohler's question, City Engineer Perlin explained the requirements. He stated the erosion control measures will be shown on plans, which will be separate from the grading and building plans. He noted he will require the erosion control plans the 1st part of September. He stated the additional controls will be effective. The public hearing was opened at 8:45 p.m. The public hearing was closed at 8:45 p.m. MONIA/STUTZMANMOVEDTOAPPROVETHENECu~TIVEDECLARATIONANDADOPTTHE RESOLUTION. PASSED 5-0. C. Ordinance making IrHR standards applicable to both HC-RD and NHRDistricts, with the associated Negative Declaration (first reading and introduction) City Manager Peacock reiterated background information on this item. He outlined the major differences which may affect development within the HC-RD zone district, as outlined in the staff report. The public hearing was opened at 8:48 p.m. Mr. John Di Manto, 1210 Coleman Ave., stated there is not a map available outlining minor and major ridgelines. He requested an exhibit be included outlining the ridgelines. The public hearing was closed at 8:50 p.m. Councilmember Anderson stated in order to serve the public, ridgelines should be defined. In response to Councilmember Monia'squestion, Planning Director Curtis stated staff is currently working on a map identifying the ridgelines. He stated they have received the first draft and staff is reviewing this. He stated the map will be made available when the ordinance becomes effective. MONIA/STUTZMAN MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING, AND APPROVE THE NEGATIVE DECLARATION, WITH THE SECOND READING TO CONE BACK TO THE CITY COUNCIL whEN THE RIDGELINE MAP I8 COMPLETED. PASSED 5-0. 7. B. .Request for Proposal - Design Development Project Expansion of COmmunity Library City Manager Peacock stated staff recommends that the City Council approve the request for proposals recommended by the Library Expansion Committee and direct the proposals to be sent to selected architects recommended by the Committee. Councilmember Anderson requested that the reference to "smaller scale" in #2 be defined. City Manager Peacock stated that when discussions were held with the Library Expansion Committee on the proposals they had a minimum and maximum range of improvements. He stated the 18,000 s.f. is the maximum and the minimum wouldbe set by the assessment study done by the Library Expansion Committee. In response to Councilmember Stutzman's question, Mr. Peacock stated the architects on the list will be asked to submit a request for proposal and then one architect will be selected to draw two plans. The Councilmembers discussed the process which should be followed in selecting an architect. Councilmember Clevenger requested that the architect who designed the Village Square be added to the list. She stated they need to be specific about designing a project which meets all the needs of the City. Councilmember Anderson stated the Council should see drawings from the selected architects and not just resumes. City Council Minutes 7 May 6, 1992 City Manager Peacock stated the architect selected will be reporting back to the Library Expansion Committee as the work progresses and the Library Expansion Committee will be reporting to the City Council. He stated the Council can not predetermine the end product. He stated if the CoUncil wish to have a design competition they must go through the process. Councilmember Stutzman stated the Council appointed the Library Expansion Committee and they should pursue this. He spoke in favor of the Library Expansion Committee's recommendations. Mr. Perlin stated after the resumes are received, request for proposals will be sent out to a selected list and then, if requested, a design competition could be held. Mr. Jeff Schwartz stated the operational plan has not been addressed and this should be the place to start. Councilmember Clevenger stated the Library Commission has discussed the operational plan and they should go forward with this project as they recommended. CLEVENGER/STUTZMAN MOVED TO SEND OUT REQUEST FOR PROPOSAL TO THE ATTACHED LIST OF ARCHITECTS WITH THE ADDITIONAL ARCHITECT AS MENTIONED BY COUNCILMEMEER CLEVENGER. City Manager Peacock stated if the Council wish that the Library Expansion Committee look at design proposals, the Request For Proposal will have to be changed. ANDERSON/KOHLEH MOVED TO AMEND THE MOTION TO REVISE THE REQUEST FOR PROPOSAL TO PROVIDE FOR A DESIGN COMPETITION FOR THE FINAL LIST OF ARCHITECT8 8ELECTED BEFORE A FINAL DECISION. City Manager Peacock stated the above amended motion will lengthen the process. The motion to amend the initial motion was carried 5-0. Mr. Stuart spoke in support of Councilmember Anderson's amendment. The initial motion was carried 5-0 as amended. C. Memo Authorizing Publicity for Upcoming Hearings - LLA-1 Deannexation; Fathali Appeal; Kinnier Appeal Regarding the Fathali Appeal, Councilmember Anderson stated there will be traffic impacts on residents outside the 500 ft. and these people should be notified. She suggested notifying residents on Baylor as well as Purdue. D. Polltical Sign Ordinance City Attorney Riback reiterated comments from his memo dated April 28, 1992. He explained the three District Court cases involved in this issue. Councilmember Clevenger stated when this Ordinance was developed it was done so with the help of the Citizens. .She suggested leaving the Ordinance as is, with the elimination of ~he 45 day period, and have an advisory message that says the City Council advises that no political signs be put up more than 45 days prior to elections. City Attorney Riback stated the City could establish a guideline which reflects Councilmember Clevenger's suggestion. Councilmember Stutzman stated they should eliminate what is not constitutional. Councilmember Monia expressed concern about the 45 day period and restricting a challenger from putting signs up prior to the 45 days. He stated that the City should not make a policy statement. He stated City Council Minutes 8 May 6, 1992 the laws of democracy are more important than winning and there should n~t be a restriction on political debate. He expressed concern about the City being sued for an unconstitutional ordinance provision. Mayor Kohler stated the fines should be eliminated because of the unconstitutional issue. Councilmember Clevenger stated the fines which relate to the 45 day period should be thrown out, but the other fines should be adhered to. Councilmember Monia noted he does not want to enforce any fines. Be stated there are illegal signs all over the City and these should be taken down. Councilmember Clevenger stated the City has rules and all residents should abide by them, including City Council candidates. She suggested no fines, but a charge if the City staff have to remove the signs. Councilmember Anderson stated if a sign is causing a traffic problem it should be removed, from a liability standpoint. She stated there should be a uniform policy, if it is a non-safety hazard, in which gives a warning to remove illegal signs and if not removed the City should remove them and charge the person responsible. Councilmember Monia suggested that the letter received from Mr. Romero be made part of the record. In response to Councilmember Anderson'squestion, Mr. Riback stated the City can not limit the n~mher of signs on a persons private property. Ms. Ann Marie Burger, 20045 Winter Ln., stated she is a candidate for City Council. She stated the ordinance has been enforced against all three candidates. She stated if the ordinance is unacceptable the City Council should hold a public hearing on whether or not to repeal the Ordinance, either in part or in-its entirety. In response to Councilmember Monia~s question, Ms. Burger stated her illegal signs were the result of an innocent mistake. Mr. Marvin Becker, 12120 Mellowood Dr., stated there are signs up within the City of San Jose boundaries. In response to Mr. Becker~s question, Mr. Riback stated if Mr. Becker wishes to put up a sign it would come under the temporary Sign Ordinance. Ms. Karen Tucker, 13645 Riverdale Dr., stated that Colonel Barco is not working on her campaign. She stated there are probably several laws on the books that could be proven unconstitutional, if challenged. She stated she believes that the residents of Saratoga don~t want political signs up any longer than necessary. She stated the Ordinance should be adhered to until revised. She noted that all candidates should abide by the Ordinance. Mr. Dick Siegfried stated the driving motivation for the ordinance was because of the vast amount of signs all over the City. He stated the Council should suggest to future Candidates that they should put signs up for as little a time period as possible and only in certain places. Mr. Jeff Schwartz stated the City does not.enforce this ordinance. He noted there are three illegal signs within the City hall limits. He stated illegal signs from candidates are still up at this time. Mr. Schwartz questioned why this would be a criminal issue. In response to Councilmember Anderson~s question, City Attorney Riback stated that a "Bus Route" sign would be considered a traffic sign. Mr. Stuart stated that Ms. Caldwell did not put up the signs, therefore should not be fined. He noted she abided by the ordinance and it was he who put the signs up. Mr. Stuart addressed the "free speech" issue. Councilmember Stutzman stated that the letter from Mr. Romero should be made part of the public record. He feels that all the candidates City Council Minutes 9 May 6, 1992 have violated the Sign Ordinance. Councilmember Stutzman stated this campaign has become vicious and it should focus on the issues of the campaign. Councilmember Clevenger stated the Sign Ordinance needs revision. She stated'the Council needs to set a time to revise the Ordinance. She also suggested giving the City Attorney direction to come back with a- revised Ordinance. She noted when the Ordinance does come back before the Council, the issue of the time period should be addressed. City'Attorney Riback suggested that the City Council consider suspending the portion of the provision of the Political Sign Ordinance with relates to the time period, until such time that the Ordinance is revised. CLEVENGER/ANDERSON MOVED TO SUSPEND SECTION 15-30. 160 (B) OF THE POLITICAL SIGN ORDINANCE UNTIL IT IS REVIEWED BY THE CITY ATTOItNEY AND THE REMAINDER OF THE ORDINANCE BE IN EFFECT UNTIL SUCH TIME THAT IT IS REVISED. STAFF SHOULD NOT PURSUE THE PAYMENT OF THE FINES AT THIS TIME. Councilmember Anderson requested that the City Attorney define traffic signs. The City Councilmembers questioned the citations. City Attorney Riback stated formal citations were not issued. He stated the intent was to handle the matter internally. He stated it is appropriate for the Council to direct staff not to pursue the payment of the fines. The above motion was carried 5-0. CLEVENGER/ANDEREON MOVED THAT NO FURTHER ACTION BE TAKEN ON THE CITATION AND THAT MS. CALDWELL BE SENT A LETTER AS A RESULT OF THIS MEETING. Councilmember Monia suggested adding an apology to the motion because Ms. Caldwell did in fact abide by the Ordinance, but it was Mr. Stuart who violated the Ordinance. Mr. Dick Siegfried stated the City has an Ordinance and people must abide by this. He stated the City does not have to apologize for enforcing the Ordinance. Councilmember Clevenger stated there were other violations, other than Mr. Stuart~s and the motion should stay as is. The above motion was carried. 3-0-2 (Monia, Stutzman abstain). Mr. Jeff Schwartz feels the City does have an apology to make because of the appellate court decisions. He stated having an advisory statement is offensive and the City should say they prefer residents to exercise their constitutional rights. Councilmember Monia stated he is uncomfortable with the situation of the other two candidates and does not support sending citations to them. City Manager Peacock stated the Ordinance provides for notification of illegal-signs and if not removed the City. will remove them and charge the person involved. He.noted if the violator refuses to pay the charge, they will then be cited. Mr. Peacock stated that staff enforce the Ordinance on the bases of complaints and this has been Council policy. He noted staff does respond to all complaints. He stated there are illegal signs displayed for many things, real estate, garage sales, etc., but it is not City policy to hunt for them and take them all down. He also noted that it is City policy to keep the complainant anonymous. Mr. Stuart questioned why the City would pursue the citation to Ms. Caldwell as a criminal complaint. C~ty Council Xinutes 1O May 6, 1992 City Attorney Riback stated the term "criminal complaint" is used w~ongly. He stated the citation is an infraction and not a criminal complaint. In response to Mr. Schwartz's comments, Mr. Riback noted that there is not a court of appeals decision that has ruled this particular time period unconstitutional. Councilmember Anderson questioned why the Romero letter should become. part of the record. In response, Councilmember Stutzman feels the letter is pertinent as it clarifies the issues. Councilmember Anderson stated that Mr. Romero is not truthful in everything he says. 9. CITY COUNCIL ITEMS A. Agenda items foz Joint meeting with Planning Commission on May 12 City Manager Peacock noted items the Planning Commission would like to discuss at the joint meeting: 1. Private gates 2. Existing policy which provides for multiple housing in the Village area 3. Applicability of Northwestern Hillside Specific Plan to HC-RD zoning district 4. Senior housing overlay zone. Ms. Meg Caldwell, Chair, Planning Commission, stated the Senior housing overlay zone discussion is to discuss basic parameters for the Paul Masson site. Councilmember Clevenger suggested that the joint meeting start at 6 p.m. B. Confirmation of Date of Youth Commission Inte~views: Saturday morning, June 6 Councilmember Clevenger stated she will be out of town on June 6. This date was acceptable to the other Councilmembers. C. Reports from Individual Councilmembers Councilmember Clevenger addressed the issue of Sanitation. She noted Saratoga is served by West Valley Sanitation, as well as Cupertino Sanitation. She stated West Valley Sanitation is going to be working on .the storm drain run-off and will include this as part of the service. She noted because Saratoga is served by two agencies this causes a problem. City Manager Peacock stated West Valley Sanitation is willing to contract the part of the City within their district, but can not contract with the City to go outside the limits. Mr. Peacock explained the program and what it would entail. He noted a solution to the City's problem would be a re-organize to have all of Saratoga within the West Valley District, but it is improbable that the Cupertino District would agree. Councilmember Clevenger noted there are two Saratoga residents on the Cupertino Sanitation District and this should be discussed with them. Councilmember Anderson questioned the early start of construction work for Highway 85, as addressed at a previous meeting. City Engineer Perlin stated they are having a joint meeting with Cal- trans and the Contractors and will pursue this issue. Councilmember Anderson also addressed the pipe issue on Cox Ave. Mr. Perlin stated staff is still working on this issue. He noted there is a possibility that the drainage will go onto the freeway. City Council ainutes Xl Nay 6, 1992 Councilmember Anderson expressed concern about Saratoga Creek. She stated the creek has been bulldozed and there is now no riparian habitat. Mr. Perlin stated the work being done in conformance with the permits and he will look into this. He stated he will look into the riparian restoration when the freeway is complete. He noted the restoration can be done and landscaping funds can be used. Councilmember Anderson stated the creek should be restored as part of the project. Mayor Kohler noted he received letters from three people on La Vista Court regarding the reflective noise from the sound wall. Councilmember Clevenger stated the noise is from the construction. Mayor Kohler stated he would submit the three letters as part of the record and would like this issue placed on the agenda for the next meeting. Councilmember Monia advised the Council that the City Council received a proclamation from the Board of Supervisors for their donation to the Santa Clara County Children's Shelter. Councilmember Monia requested more information regarding the Sheriff's services and taxes. Councilmember Monia reported on the meeting with the Elementary School District. Mayor Kohler stated he did not and does not support or endorse any City Council candidates. City Manager Peacock noted he received a notice of a Negative Declaration from the City of San Jose on their intention to raise the business tax on land fills to $13 per ton. There was a consensus of the Council to ~write a letter opposing to this. Mr. Peacock noted he received a fax yesterday from the Manufacturing Group requesting that the City Council place on its May 20 agenda an ordinance establishing the Santa Clara County Local Transportation Authority. He noted this is not possible and it can be placed on the June 3rd agenda at the earliest. He noted he is reluctant to place items on the agenda from third parties without prior Council approval. Councilmember Anderson left the meeting at 11:05 p.m. City Manager Peacock read the letter from the Santa Clara County Local Transportation Authority. Councilmember Clevenger stated the Council should get more information and this should be placed on the agenda for discussion. There was a consensus of the Council to place this on the agenda, as suggested by Councilmember Clevenger for the June 3 meeting. 10. ADJOURNMENT The meeting adjourned at 11:10 p.m. to a closed session and then to May 12 at 6:00 p.m. in the Community Center, 19655 Allendale Avenue 11. CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. Respectfully submitted, Catherine ~obil~ard~ Minutes Clerk