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HomeMy WebLinkAbout07-01-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 1, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Tucker, Burger, Monia, Kohler, Mayor Anderson Staff Present: City Manager, Peacock, City Attorney Riback, City Engineer Perlin, Environmental Programs Manager Isabel S. Gloege. Mayor Anderson welcomed the two new Councilmembers, Karen Tucker and Ann Marie Burger. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 6/17 KOHLER/MONIA MOVED TO APPROVE MINUTES AS SUBMITTED. Passed 5-0. B. Approval of Warrant List MONIA/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED S-0. C. Report of City clerk on Posting of Agenda City Manager Peacock stated the pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 26. 4. CONSENT CALENDAR Councilmember Burger requested Item C be removed from the consent calendar. A. Planning Commission Actions, 6/24 - Noted and file. B. Library Commission Minutes, 5/27 - Noted and file. C. Commission Attendance Reports D. Approval of use fee waiver for saratoga Community B a n d concert in wildwood Park on May 30, 1993 E. Resolution 779.5 amending Conflict of Interest code F. Resolution 92-049 Stating City Policy concerning Use of City Property Resolution 92-050 Authorizing Destruction of certain City Records Resolution 92-036.1 seeking amendment to the Expenditure Plan of the Local Transportation Authority regarding the Sunn~vale-Cupertlno Rall Extension I. Agreement with Bartie D. Coate and Associates for Arboriculture and Horticulture Consultlng Services J. Renewal of Agreement with Saratoga Little League for Use of Congress Springs Park for a term ending December 31, 1994 K. Qulto Road Bridge Replacements - CIP 905: Resolutlon extending Cooperative Agreement between Saratoga, Monte Sereno and Santa Clara Valley Water District to July 1, 1993 MONIA/KOHLER MOVED APPROVAL OF THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM C. PASSED 5-0. C~ty Council Minutes 2 July 1, 1992 C0uncilmember Burger said the reason she removed Item C was that the Council has reports fromthe various Commissions regarding absences for the past six months. She asked whether any action should be taken. Mayor Anderson said she had planned to ask, particularly the Planning C6mmission to come up with an attendance policy, however, it was pointed out to her that if there is a policy for one Commission, it r~ally should be for all commissions. The Planning Commission meets more often than any one else, so it probably would have to be some type of a percentage policy. She thought it should be.something that is generated by the Council as opposedto something that they generate, especially since there are a number of commissions. She suggested that' since there is a fairly short Study Session on Tuesday that the attendance policy be agendized for that meeting. Councilmember Burger said she thought it was important that the Council move forward on this. Councilmember Kohler asked if there is something already written down with regards to attendance. Mayor Anderson said she did not know if anything was written down, she knew there was at least an unwritten policy that members of the commission are supposed to notify the chair or the staff member that is assigned to them when they are going to be absent. However, it has not been happening on a consistent basis, particularly with the Planning Commission, and it has been identified as a problem. It is thought that it would be appropriate to step forward and have an actual policy in writing. Councilmember Monia questioned the number of absences. Mayor Anderson said she believed this to be the total 'number of absences. There was some discussion as to what constitutes excused absences. Mayor Anderson said she noticed that since she brought up the subject of attendance, the attendance record of the Planning Commission has improved. She further stated that if this is satisfactory then this will be put on the agenda after the meeting with the Chamber of Commerce. 5. COMMUNICATIONS FROM COMMISSION8 AND THE PUBLIC A. ORAL COMMUNICATIONS Mayor Anderson said that there have been some problems in the past of running over time when it came time for the public hearings. She said that since the mayor is the one that sets the time schedule for the meeting, including how many minutes people are allowed to speak, the Council will keep with the same three minute schedule that has always been for oral communications. She further stated the responses will be directed to the staff. She said that in the future 15 minutes will be set aside for items not on the agenda and if there are more people that wish to speak they will be put to the end of the agenda and they can speak later. She stated that she knew many people were here to speak about the election, but she asked that they allow the.people who have-some issue, other than the election, to come down and Speak first. She also asked that the public that wished to 'speak under oral communication come forward and sit on the front row, also fill out a blue slip of paper. She said if you have an item that has nothing to do with the election, please step forward and speak first. Councilman Monia called for a point of order and asked for a legal opinion on that ruling, he referred to the Brown Act. If there is an item is announced on the Agenda, such as Oral Communications, people cannot be denied the right to speak. He said he did not need a ruling tonight, but wants a legal opinion. Councilmember Kohler concurs. Cit~ Council Hinutes ~ ~ul~ 1, 1992 City Attorney, Riback, stated he believed the City Council does have the authority to limit the time frame within which Oral Communication can be made. He said he was not certain whether the question is if the City 'Council can do this in general or whether or not it is not specified in the agenda . Councilmember Monla interjected that there are really two issues '- one, whether or not the Council has the prerogative to limit the time. He said he understands the concern about people getting up and talking about the same thing over and over. However, if there are 25 citizens that wish to speak about 25 issues, to his recollection, the Brown Act clearly says you cannot deny individuals the right to speak. The second issue has to do with the announced agenda and if the timeframe can be changed in the middle of the agenda. He said the Council has done that from time to time, in order to benefit the public at large, not the Council. Councilmember Kohler said if the policy is to be changed, it should be agenidzed. Mayor Anderson asked City Attorney Riback if he would like to have the meeting to begin to give him. time to check into the legality of the ruling. He replied that he would. Mayor Anderson then stated the first person to be recognized would be Cathy Gaskell. Ms. Gaskell, 20700 Seville Lane, read and submitted questions regarding the Kerwin Ranch which she thought were more appropriate to be directed to the City Council rather than the Planning Commission. She said she had a concern that very few people were concerned about this development. Mayor Anderson then recognized Karin Dowdy. Ms. Dowdy also.spoke of the development of Kerwin Ranch. Her concerns were preserving some of the corner and the location of the buffer on the Heritage orchard. Mayor Anderson recognized Shelley S. Willjams, Jr. Mr. Williams spoke on the Measure T ballot. He questioned the City's position on the ballot. The Mayor said the City Council had just passed a resolution on the consent calendar, Item 4 A. Mr. Williams would like to have the action postponed for another 2 weeks time and have it agendized for public hearing so that it may be discussed in public. Mayor Anderson said this would be discussed at the end of the meeting and they would let Mr. Williams know, however, it has been passed on the consent calendar. She asked Mr. Williams to write out the concerns and send a letter to the Council. At this time City Attorney Riback'said Municipal Code Section 2-10.080 2 and 3 do authorize the Mayor, as the presiding officer, to set time limits on City Council discussion on any item and set time limits on any communications from members of the public to the City Council. He further stated perhaps that was open to interpretation as to what that means in terms of communication from the public, but in his opinion it would authorize the Mayor to set an overall reasonable time limit on that particular category of discussion. Mayor Anderson said then there shouldn't be a problem of delaying the rest of the communication until the end of the meeting, which does not deprive anyone of speaking. She asked whether she could limit the first 15 minutes so that the meeting could proceed. City Attorney Riback replied he believed so. Mayor Anderson stated that u~der normal circumstances the Council does CSt~ Council Hinutes 4' ~ul~ 1, 1992 not have a lot of communications and it does disturb the agenda when t~ey do not know how many peeple will show up. It does work better for t~e Council and for the community at large when a certain period of time is set aside so then the Council can move on. Someone challenged the City Attorney. Mayor Anderson said the person w~s out of order. He stated he was not out of order. The Mayor called for the next speaker, Nancy McKoreghan. Ms. McKoreghan deferred to Jim Lavin. Councilmember Monia stated he officially protested the ruling of the City Attorney, because he believed the interpretation that he has read means that each speaker can be limited, he does not believe that the Council can deny access to the general public. His feeling is that the Council is here to serve and listen, no matter the amount of time. He would request an opinion from the Attorney General~s office. Mayor Anderson said 'this City is generous in the amount of time it allows for items not on the agenda. The Board of Supervisors allows exactly one minute. She then called for Mr. Lavin to begin. Mr. Jim Lavin, 15450 Pepper Lane, spoke about and quoted from the June 25, issue of the Metro. He referred to a hate mail flier. He stated that the mayor signed a conditional final map for the Cacharti' (?) property that contained no conditions resulting in the worst environmental disaster since the City was incorporated. Mayor Anderson called for the next speaker, Nancy McKoreghan. Ms. McKoreghan, 20590 Canyon View Dr. spoke about and presented to Mayor Anderson a notice of intent to circulate a recall petition. The grounds for the proposed recall were read. Mayor Anderson called the next speaker, Preston Burlingham. Mr. Preston Burlingham, 14173 Squirrel Hollow Lane, referred to the election, stating it was over, Ms. Anderson is not going to resign, let~s move ahead. He stated that they who worked very hard to elect Ann Marie Burger and Karen Tucker will work as hard or harder to defeat any recall attempt that Mr. Lavin' may start. Councilmember Kohler asked if Mr. Burlingham had seen the "hit piece?" Mr. Burlingham replied, yes, he was proud to say he helped mail it. Councilmember Kohler said he did not understand the "hit piece." Mr. Burlingham interjected that Councilmember Kohler read it one way and he read it another. Mayor Anderson called for the meeting to keep moving. Councilmember Burger asked the public to refrain from demonstrations after each speaker until this issue is completed. Several unidentified people spoke at once. Tom Reddick challenged the City Attorney on how this meeting should be conducted. The Mayor said the City Attorney had already made his judgement. Mr. Reddick said the meeting was operating under the Roberts Rule of Order and you cannot take away his rights to address his.council. city Attorney Riback called a point of order, stating under the Brown Act the City Council may limit the amount of time of testimony on any particular issue and each individual speaker. That taken together with the Municipal Code provision authorizes limits. Councilmember Monia asked how the council knows what it is that these individuals have come to talk about. The Mayor answered, it is on the blue slip. Councilmember Monia again said the issue that the Council declares a limit without previously publicizing the amount of time the general public can speak about any issue is the item on the table. Cit~ Council ainutes 5 ~uly 1, 1992 Jeff Schwartz spoke at this point. Mayor Anderson asked the City Attorney if his ruling still stood. He replied yes. She then said there is room for one more speaker until after the rest of the meeting is over. She said the meeting would be a short one, and for the public not to be impatient. She then called. for the next speaker. Mr. Bert Martel, 14420 Fruitvale Avenue, also spoke of the politics and referred to the youth of Saratoga. He supported the recall. Councilmember Monia wished to follow-up with the City Attorney with the issue as he has to make a decision whether he will step down from this meeting and not participate in it. He said his understanding is there are two policies, one is written policy and one is implied. He said any change in policy requires either a public hearing and/or immediate action to force the vote of the City Council. Or can the Council just interpret the policies to suit their own particular needs. City Attorney Riback replied the issue is whether or not the Ordinance the City Council adopted does in fact authorize the presiding officer to set time limits on discussion items. He thinks the presiding officer can change it whenever the presiding officer wishes to, so long as, according to the Brown Act, the end result is fair and reasonable. At this point, Councilmember Monia moved to overturn Ms. Anderson~s changing of the policy, on the grounds that it is not fair to the general public, under the understanding of the long standing oral communications policy in which any resident may come forth and speak to the City Council about any problems or issues they have. Councilmember Kohler seconded the motion. Councilmember Burger said she would like to hear what each person had to say it is important, but she is also concerned about the people that are already on the agenda with a timeframe. She reiterates the Mayor~s concern about waiting until the end of the meeting. That is what she will be voting in favor of. She questioned if the Council could take a vote on what seems to be setting aside an Ordinance that is currently in the Municipal Code. City Attorney Riback replied you would not be setting aside an Ordinance, you would be setting aside the Mayor~s determination to establish a policy with respect to public discussion. Councilmember Burger thanked the City Attorney, and clarified the fact that according to the attorney~s interpretation that the Mayor does have the authority to take the action that she has. Councilmember Kohler referred to the public participation policy that says persons will have 3 minutes to present the item of interest. He says in his opinion, if that policy is to be changed, it has to be announced and agendized. Councilmember Burger said no one is limiting input from the public. She said let~s get to the bottom of this, this is an organized demonstration. Councilmember Monia said to change the policy, in the middle of a meeting, is outrageous. Mayor Anderson then explained the purpose of moving some of the oral communications to the end is that she believes there is a higher obligation to those who are agendized than to the people who are not agendized. Councilmember Monia said the people should be able to speak. Mayor Anderson reminded Councilmember Monia that several months ago there was an issue on the agenda regarding the parcel tax, and one of the decisions made at that time was that if it was not in the jurisdiction of this body, we were not going to allow discussion. She further stated it is not within the jurisdiction of this body to recall C~ty Council M~nutes 6 ~uly 1# 1992 the mayor, but we are going to allow everyone to speak. At this time she called for everyone in favor of allowing everyone to speak at this t~me as opposed to putting them off to the end of the meeting. Ayes - Monia/Xohler. Opposed - Tucker/Burger/Anderson. MOtion failed. C0uncilmember Monia then excused himself and stepped down from the maeting. Someone interrupted at this point, wishing to speak on Item 6. He was declared out of order, but continued. Mayor Anderson announced moving to Item 5B1. The library proposal. B. WRITTEN COMMUNICATIONS 1) Report from Librar~ Expansion Committee City Manager Peacock spoke regarding this matter. He said the City Council did appoint a committee to recommend a selection of an architect to the City Council to begin design development studies. The committee did narrow the selection down to two. At their last meeting they recommended that the City Council approve the retention of Ripley The memo recommends the scope of work be revised regarding the need for two expansion proposals versus one. Mayor Anderson asked if someone new will have to take Ms. Tucker~s place. Mr. Peacock said he thought the Library Commission is concerned about adding a new member to the committee in the middle of this process. He suggested checking with the Library Commission regarding that. Mayor Anderson called on Robert Peepari, the Chairman of the library expansion committee. Mr. Peepari stated that he did not wish to speak as a committee member, rather as an architect and as a resident of Saratoga. He said the recommendation that the committee made was for Ripley Assoc. He is opposed to that selection. He stated that that firm~s architectural practice is primarily library interiors to existing building, plus some additions to those buildings. He further stated that her practice did not show any individual buildings that she started from the beginning. He spoke of the four proposals that she made. Mayor Anderson interjected that she suspected that the Council would need a study session on this, as it is hard to envision, and needs a proper amount of discussion. She suggested to put this on the agenda to have a meeting with Mr. Peepari's committee. She thinks some time needs to be spent on this. She asked Councilmember Kohier if he remembered the Council indicating a preference to go to the original architect. Councilmember Kohler said he remembered it being left open. Mr. Peepari mentioned the amount of proposals going out and the fact that responses only came in from 6. He stated that all he is interested in is preserving the library. He feels sure in his own mind that Ripl~y could not do it. Mayor Anderson called upon Mr. Watkins. Mr. Bill Watkins, of 20209 Edinburgh Drive, said he is also a' member of the Library Expansion Committee. He feels more input is needed. He is in favor of Ripley Assoc. stating they were chosen by a 4 - 3 vote of the expansion committee. He said he is not an architect, but he uses libraries. He has been to meetings and uses the Redwood City Library, and it turns out that Ripley Assoc. were the architects for the expansion of that library. He was immensely impressed by the efficiency, functionality and the charm of the interior, he was further impressed by the ability of the architect to maintain the integrity of Cit~ Council ainutes 7 ~ul~ 1, 1992 the old building. He thinks the Council should go and look at the Redwood City library and speak with the people who operate that library. He said this library has been recognized by the American Library Association for an award. Councilmember Burger said she believes this should be discussed at a study session. City Manager Peacock said July 21 would be the first open date. Councilmember Kohler feels the Council should trust the committee to do the job and confirm its choice of Ripley. Mayor Anderson said this vote was split, 4 - 3. She feels the Council' will have to take the responsibility in making the right decision. Councilmember Kohler disagrees, stating a 4- 3 vote is in favor. He feels the Council should take the recommendation of the committee. Mayor Anderson would feel more comfortable if it were a unanimous vote. Councilmember Burger agrees with the mayor. .She feels there are obviously some concerns at the committee level that have not been addressed to the satisfaction of the entire committee. City Manager Peacock suggested it would be helpful to.know what the Council will do that night. He feels it would be constructive to the City Council if the two architects were present to present their own proposals. He feels there are two options: either take the recommendation of the committee, or thank the committee for getting it down to two architects and then take it from there. Interview those two and then the Council make the decision. Councilmember Burger said she agrees that a study session would be helpful. An unidentified speaker interrupted with a point of order stating he has just spoken with an attorney who is an expert on the Brown Act. He stated 3 criticisms and asked the Council to reconsider the ruling and continue with oral communications. Councilmember Kohler asked for comment from the City Attorney, he does not wish to be part of the City Council if it is run in an illegal way. Mayor Anderson asked for comment from the City Attorney, as she does not wish to run an illegal meeting either. City Attorney Riback said he does not understand the action of the mayor to be a content-based action. As he understands it, it is an action to simply limit the amount of time devoted to oral communications to 15 minutes at the outset of the meeting and then to keep the remaining portion of oral communications at the end of the meeting to allow the agendized items to move forward. If that was the intent of the mayor, then he does not believe that that is unlawful. Councilmember asked that the record show that the speaker is Mr. Jeffrey Schwartz of San Marcos Rd. Mayor Anderson requests move to Item 5B 2. In reply to a question, Mayor Anderson said her intention was to. get through the agendized items in a timely matter. At this point, she indicated it was time to move to the public hearing. Another unidentified person interrupted. Complaining about the Mayor, the City Attorney and the way the meeting is being run, in general. The City Attorney said it is the policy of the City Council to move to public hearings at the scheduled time for the public hearings, which is 8:30 p.m. and move beyond any items which have not been taken up. Several people spoke simultaneously. So as to restore order, the Mayor adjourned the meeting for 10 minutes. C~ty Council Minutes 8 ~uly l, 1992 M~yor Anderson opened the public hearing and asked Ms. Isabel S. G~oege, Environmental Programs Manager to give her report. T~e City Manager interjected that this is the public hearing on the P~eliminary Draft Research Reduction and Recycling Element and HOusehold Hazardous Wastes Element that has been prepared by the City as part of the requirements of AB 939. He stated that the purpose of this hearing is to receive comments from the public much in the same way that a Draft Environmental Impact Report is submitted for comment. The City Council will act to adopt this plan element on August 5, based upon the comments received between now and the final date for decision on this. Ms. Gloege said that the comments received here today as well as from adjacent cities and the county itself will be incorporated in the final report that will be submitted for review and adoption. She mentioned timeframes, public information, encouragement of recycling, etc. Mayor Anderson thanked Ms. Gloege for all the hard work that went into this report. She asked for any questions from the Council. No questions. The public hearing was opened at exactly 9:05 p.m. and asked for any persons wishing to make comments to come forward. No one came forward. The public hearing was closed. Councilmember Burger asked if further input would be allowed when the CoUncil meets again. City Manager Peacock answered, stating the Council will have to adopt the element on the 5th of August, and it would be impossible to make any changes. The City was under a specific deadline from the State of California to submit this document and the deadline was today. It has been submitted to the State for their comments and the City will be responding to those comments and include them in the final document. He said if the City does get any written comments in the next few weeks they attempt to include them in the final draft. Mayor Anderson said members of the public are encouraged to send any comments in right away. Mr. Peacock said this document is available for review in the City Manager's office. He mentigned the cost of reproducing the document to satisfy the requirements of the State and hoped people would bear with the City. Mayor Anderson suggested sending a copy to the library. Ms. Gloege said she would do that. Mayor Anderson proceeded to Item 5 B 2. 2) Letter from Assembllrman Jim Costa requesting support for Proposition 155, bond act for rail transportation. Mayor Anderson noted that the letter was received and filed. 6. OLD BUSINE88 A. Resolution approving preliminaz7 Engineerss Report and setting hearing for July 15 - Landscaping and Lighting District #1 (existing) city Engineer, Larry Perlin presented and summarized the report. Me said the reports have been available, and no one has come to look at them. The City Manager said the first action would be to consider a resolution of preliminary approval of the Engineer~s Report of the City of Saratoga Landscaping and Lighting Assessment District LLA-i: DY 92- 93. BURGER/TUCKER MOVED TO APPROVE RESOLUTION 92-032.1. PASSED 4-0. (COUNCILMEMBER MONIA ABSENT) City Council Minutes 9 July l, 1992 Mayor Anderson said next the Council needed to adopt a resolution of intent to levy assessments and fixing the date and time of the public hearing as July 15, at 8:30 p.m. BURGER/TUCKER MOVED TO ADOPT RESOLUTION 92-032.2. PASSED 4-0. (COUNCILMEMBER MONIA ASSENT) B. Status Report on Pierce Road Bridge Replacement - CIP 953 The report was presented and summarized by City Engineer. His recommendation, described as option 3, is to let the Design Engineer design the temporary support and assuming the City could use some sort of emergency contracting procedures, the work could probably begin around the beginning of August and would take a couple of weeks to construct, he would expect that the bridge could reopen before the end of August with restricted weight limits. It is also doubtful that any of the costs associated with temporary support would be eligible for reimbursement through the Federal Bridge Program. Councilmember Kohler said he has been pushing for a solution of this for a long time. Not only for reasons of inconvenience, but also of liability and danger. There already has been an accident there. He said he prefers option 3. Mayor Anderson asked for any members of the public who wished to speak on this matter to come forward. Mr. Steve DeGetzer of 13415 Pierce Rd. suggested an option 4 -- instead of a temporary repair of the bridge, a permanent repair of the bridge be looked at. With a temporary repair, you will later have to permanently repair and will then have an accumulation of the two costs, where if it is just permanently repaired now, it will cost less. He is concerned of future development on Pierce Rd. City Attorney Riback said if the City Council were to move forward with option 3 and if the repair work to cause the temporary reopening of the bridge with restricted weight limits, were to be designed and constructed in accordance with generally improved engineering standards and the bridge was properly signed as such, as to restricted weight limits, he said he believed that would satisfy the City's responsiblity in terms of any liability. Mayor Anderson asked the City Attorney's view of option 4. He had no reply. The mayor then asked for a motion. Councilmember Kohler asked for the City Manager's view on option 4. City Manager Peacock said that this matter was discussed extensively at a previous City Council meeting. The conclusion of the City Council was that the bridge needed to be replaced rather than some sort of fix- it. He feels the main issue is that the bridge does not meet current engineering and safety standards and to simply repair it and leave it in substandard condition when we have the responsibilty and ability to bring the bridge up to current standards and improve the safety is one that the City Council agreed should be the course of action. That is why the entire b~idge is now being designed rather than some sort of permanent repair which Council has decided not to do. KOHLER/BURGER MOVED TO GO WITH OPTION 3. PASSED 4-0 (COUNCILMEMBER MONIA ASSENT) Councilmember Burger agreed with Mr. Kohler but she would like to let Mr. DeGetzerknow that under no circumstances would she approve of any widening or increased traffic on Pierce Rd. She questioned the weight limit that would be on the bridge. What would that allow? Mr. Perlin replied that what would be proposed to be restricted would be the large semi's traveling down Pierce Rd. and over the bridge. Mayor Anderson asked if Mr. Teerlink was present as he had wanted to speak on this issue. He was not present. The above motion passed 4 - 0. (Councilmember Monia Absent) City Council Minutes l0 July l, 1992 7. ~ BUSIHESS A. Memo Authorizing Publicity for Upcoming Hearings - Landscaping and Lighting District #l~ Solid Waste Rates City Manager Peacock explained this item. There was consensus to approve the staff recommendation. B. Authorization for staff to advertise for vacancy on Planning Commission caused by election of Comm~ssioner Tucker to the City Council KOHLER/BURGER NOVED TO AUTHORIZE BTAFF TO ADVERTISE FOR THE VACANCY. PASSED 4-0 (COUNCILMEMBER MONIA ABSENT) 9. CITY COUNCIL ITEMB A. Council Committee Appointments Mayor Anderson said she had received from a couple of the Councilmembers which positions they would like to take. She stated she had not heard from Councilmember Monia. In response to a question from the mayor, City Manager Peacock said he had not heard from Councilmember Monia either. There was discussion and it was decided to have alternatives so the City of Saratoga would be represented if one person could not be present. The following is a summary of the positions and the appointments: Aaencv Councilmember Assoc. of Bay Area Governments: Anderson/Kohler Community Access TV Board (2 members): Monia and Peacock County HCD Policy Committee Tucker County Transportation Commission Anderson Hakone Foundation Liaison Tucker/Kohler Intergovernmental Council Kohler No. Cent. Flood Control Adv. Bd. Burger/Perlin Penin. Div., League of Cal. Cities Tucker/Burger Santa Clara Valley Water Dist. Anderson/Perlin Santa Clara County Cities Assn./City Selection Committee Tucker Sister City Liaison Burger/Kohler Traffic Auth. Policy Adv. Bd. Tucker/Anderson Transit Assist JPA Board Burger/Tucker SASCC Liaison Burger/Tucker West Valley Sanitation District Burger/Kohler B. Agenda items for joint meeting with cb~mher of commerce JUly 7. Mayor Anderson said that the stores in the Village should be open during the parade. She feels one of the issues that should be discussed with the Chamber is the possibility that the Council tie some strings to this gift that is given to' them in order to put on the parade. Another item that should be discussed with the Chamber is a revitalization seminar that is going to be put on by the League of California Cities, the first .week in August. The Chamber and the Village Merchants Assoc. have been invited to participate with a Council member, or staff member in this two day conference, which is local and the cost is minimal. The Council wants a commitment. This should be discussed at the meeting with the Chamber. Further items probably will be Celebrate Saratoga days, and in general some items about what we can do together to promote business in Saratoga. Mayor Anderson asked if there was anyone present who had any further suggestions. No one came forward. City Council Minutes 11 July 1, 1992 C. Reports from Individual Councilmembers City Manager Peacock said that Councilmember Monia had asked that this item be put on the agenda. He said there is still one bill that is activein the legislature, it is SB 1298 concerning term limits. Councilmember Kohler agreed it is good to support this bill. Mayor asked the City Manager if he was looking for a vote from the Council whether or not to send a letter. He replied that he assumed " that was what Councilmember Monia was seeking--to communicate to the legislature or the Governor the City's support of term limits rather than just a general statement. He said the bill had been amended so that the voters would be able to decide how the term limit would be drafted. Councilmember Kohler said he thinks it is good to encourage the local initiative on this matter. He agrees with the bill. Councilmember Burger asked of City Manager Peacock if this is what Councilmember Monia wanted to do. He replied that he was making that assumption. She asked if the letter had been drafted and was told that it had not. She indicated that she would like to see a draft of the letter before the Council moves forward on it. She asked if the City Manager could find out what Councilmember Monia had in mind and bring it to the study session on Tuesday night. He agreed. Councilmember Burger said she would like the City Council to consider beginning the meeting with the Pledge of Allegiance to the Flag. She said it is done by the Planning Commission and it is done almost statewide by every City in the State of California. Mayor Anderson, Councilmembers Tucker and Kohler agreed to do that. Councilmember Kohler presented a letter and pictures from W. D. Whetstone with several complaints. One is a garbage bin in front of his business that is overflowing, the other is a violation of the City sign ordinance beneath his office. Mayor Anderson said she thought this should be passed on to the Community Service Office. Councilmember Kohler felt that every Councilmember should look at it and take note of it. Mayor Anderson said there is nothing happening with the Transportation Commission, and since we are no longer in the severe drought conditions, there have not been frequent meetings of the Water Commission. Mayor Anderson, at this time, said she would like to return to Oral Communications, if the people who would like to speak would come forward and sit in the front row, she will go through the names she has and if anyone else would like to speak they should fill out a blue form and hand it forward. Mr. Hal Hodges deferred to Dora Grens. Ms. Dora Grens, 13451 Old Oak Way, she said she made the wrong assumption thinking it would not be a 10ng wait to speak. She had viewed the tape of last night's swearing in. She wished to protest the treatment given the citizens of Saratoga. Mr. Hal Hodges, 19875 Park Drive, protested the strong armtactics that he witnessed tonight. He said the children are not learning about democracy by what is happening here and this is sad. Mayor Anderson called the next speaker, Tom Reddick. Mr. Tom Reddick, 12389 Larchmont Avenue, he said he was at the ceremony yesterday also. It was embarrassing to him to see Councilmember Monia leave. He referred to a tctalitarian state right here with the City C~ty Council Minutes 12 ~uly 1, 1992 Council. He said he assumes that you will be recalled. M~yor Anderson next called Nicole Monia. M~. Nic~le Monia stated she lives on Granite Way, she said her statement. She referred to a leadership class that Ms. Anderson recently~spoke at and said Ms. Anderson should be ashamed of herself for criticizing other members of the Council when they are not present. Mayor Anderson said she would comment on that statement because the Leadership class of Saratoga High is currently preparing a letter which rebuts the above statement which will be signed by the teacher, the president of the Student Body, and everybody who is not on vacation will be signing it and it will be going to the Saratoga News and hopefully it will be printed. The mayor announced the next speaker Maryrose Lamb. Ms. Maryrose Lamb, 14690 Oak Street, she said the reason she is here is that she was sitting at home watching the first hour of this City Council meeting on TV and it was a circus. She said her message is that everyone is entitled to their opinion. What is past is past. It is time to have some healing in this community. Mayor Anderson next called Jeffrey Schwartz. Mr. Schwartz said let's talk about the healing process. He mentioned the two new members of the Council, also the tradition of appointing the Vice Mayor as Mayor, the fact that everyone who couldn't wait several hours until the end of the meeting was sent home. He suggested the meetings start by reading the Bill of Rights, then perhaps something will be accomplished. He spoke of political signs. He said the community will not heal itself until something is done about a creative use of racial hate mail for the first time in the city's history. He said there is something called accountability. He protested the fact that most of the people who wished to speak were put off until the end of the meeting. Mayor Anderson said the next speaker will be Jim stuart. She asked that anyone else who wished to speak to start lining up on the front row, otherwise this is the last speaker. Mr. Jim Stuart, 19148 Allendale Ave., spoke of the campaign tactics that were used by Mayor Anderson, Karen Tucker and Ann Marie Burger. He also spoke of the hate mailer, calling Meg Caldwell a white supremacist. He called for the mayor to resign now so the City can begin to heal the open wounds. The.mayor called the next speaker, Shelley Williams. Mr. Shelley W. Willjams, Jr., 11951 Brook Ridge Drive, said let us pray for Shalom. He said he felt the Mayor and the Council intended to be fair to those who came for the public hearing and to allow the rest to speak after the meeting. He spoke specifically about Measure T. and presented a letter to the Council and asked to have a copy'of the letter returned to him. He requested a public hearing be set on this matter before any action by the City is taken. Councilmember Kohler stated he wished to' speak about the campaign flier. He protested it and stated that he'personally felt this was an injury and insult done to all Saratoga. He further stated that all Saratogans should have to opportunity to repudiate this. Mayor Anderson said she would make one comment, that this has been characterized as a piece of racial hate mail. She said racial hate mail is mail that is perpetrated by a racist attacking a given race, this was not an attempt to defame a given race. She feels the public needs to know something that has come to light since the mailer. She feels it is fair when someone belongs to an unusual political party it is ok to ask why they are there. She said one other thing that has bothered her a great deal is that from the beginning there has been a City Council ainutes 12 July 1, 1992 personal attack on her, even though she was not running. She said she will fight the recall and she feels the people who supported Tucker/Burger will fight the recall too. Mayor Anderson said the City Manager Peacock will now discuss the summer-meeting schedule. He suggested not having the second regular meeting in August -- August 19th. The mayor asked if that would create a problem with regard to the agenda, and the City Manager said no. The Council decided to cancel the meeting of August 19. 10. CLOSED SESSION - None. 11. ADJOURNMENT The meeting adjourned at 10:40 p.m. to 7:30 p.m. on Tuesday, July 7, with the Chamber of Commerce and the letter on term limits and perhaps the letter from Mr. Williams to be on the agenda. There was discussion on Measure T at this time. Councilmember Burger asked if the new Councilmembers could get a copy of the packet for study purposes and was told they would get them. Respectfully submitted, Darlene Bell Consultant Minutes Clerk