Loading...
HomeMy WebLinkAbout07-15-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 15, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Tucker, Burger, Monia, Kohler, Mayor Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planning Director Curtis. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 6/30; 7/1; 7/7 Minutes of 6/30: Councilmember Tucker made a correction to the minutes of 6/30: Page 2,. paragraph 2, should read "Councilmember Tucker nominated Councilmember Anderson. The nomination passed 3-2 (Kohler, Monia opposed) MONIA/BUNGER MOVED TO APPROVE THE MINUTES OF 6/30# A8 CORRECTED. PASSED 5-0. Minutes of 7/1: Mayor Anderson noted names had been spelt wrong and she will submit the corrections to the City Manager. Councilmember Tucker made a correction to page 12, last paragraph, first sentence should read "At this point, Mayor Anderson said she would make one comment, that this has been characterized as a piece of racial hate mail." BURGER/MONIA MOVED TO APPROVE THE MINUTES OF 7/1, AS CORRECTED. PASSED MONIA/BUR8ER MOVED TO APPROVE THE MINUTES OF 7/7, AS SUBMITTED. PASSED B. Approval of Warrant List MONIA/BUNGER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. 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 July 10. 4. CONSENT CALENDAR A. Planning Commission Actions, 7/8 - Noted and filed. B. Rakone Foundation Fund Raising/Donation Recelp~s - 6/4/92- 7/7/92 C. City Financial Reports for June: 1) Treasurer's Report 2) Investment Report 3) Financial Report 4) Quarterly Quarry Creek Trust Report city council Minutes 2 July 15, 1992 5)Quarterly Teerlink Trust Report - Final Report 6) SCACTV Investment Report D. village Parking District No. 3 - Authorization of Mayor to execute Quitclaim Deed reconveying fee title to property at 14407 Big Basin Way. E. Agreement with City of San Jose to Pave Prospect Avenue - Authorization of staff to enter into an Agreement for the construction of an A.C. Overlay on Prospect Avenue with all cost to be reimbursed by the City of Saratoga BURGER/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Jim Lavin, Pepper Ln., explained the reasons he is addressing the City Council. He expressed concern about the past election and the mailer sent out. Mr. Lavin noted his outrage at the tactics used in the last election. Mr. Jim Stuart, Allendale Ave., requested that the City Council vote to overturn the Mayor's decision regarding oral communications. He feels this is denying the right of many citizens to speak to the City Council. He noted there are young and elderly citizens who cannot wait to the end of the meeting to speak. He noted residents concerns and criticism are "real" city business. Mr. Stuart addressed the City Attorney's remarks regarding this issue. Colonel Barco, 19101 Camino, addressed the issue of flood lighting in the City. He noted the flood lights at St. Michael Archangel's Church are operating illegally and asked the City Council to address this. He noted the system was built without a permit and the height of the poles are in violation of city code. Mayor Anderson asked for a report back from staff. Mr. Charles Shaw, Ravenwood Dr., addressed the budget problem of the State in relationship to the City. He suggested that the City use the money allocated for the Ravenwood Park for other City business as not all the residents want this park. Mr. Tom Reddick, 12389 Larchmont Ave., expressed outrage at the time limit under oral communications. He feels this is the time to hear comments from the public and noted the time limit is unfair. He stated people come here to be heard and should be heard. Councilmember Burger stated the Council is not setting a precedent with the change in the policy. She reiterated statements from a policy passed in 1983 regarding the time limit on oral communications. Councilmember Monia requested that oral communications, not heard under Oral Communications, be heard before City Council items on the agenda. City Attorney R~back stated the Council has been acting under the same policy for some time other than the overall time limit for the oral communications. Councilmember Kohler feels it is impractical to have people wait to the end of the meeting to address the Council under Oral Communications. He stated the public should be allowed to speak and be heard and hopes this change in policy is temporary. BURGER/TUCKER MOVED THAT IT BE THE POLICY OF THE CITY COUNCIL TO HEAR REMAINING ORAL COMMUNICATIONS BEFORE COUNCIL ITEMS. PASSED 4-1 (Kohler opposed) Mayor Anderson noted that not all the speakers have to take three minutes to speak and they may be able to hear most people. City Council Minutes 3 July 15, 1992 Councilmember Monia feels that this is not the proper way to conduct business as this is the only time on the agenda when the general public can speak. He noted many young and elderly people cannot wait to the end of the meting to speak and expressed concern about this. He noted it is a constitutional right to be able to speak. Councilmember Burger stated there are elderly and young people. scheduled to be heard on the agenda and they have to wait to the end of the meeting in some cases. B. WRITTEN COMMUNICATIONS 1) Request for Joining amicus brief - Briseno v. santa Ana - occupancy Ordinance Staff recommends that the City Council agree to join the Dana Point Amicus Brief and ask the State Supreme Court to take up the case. City Attorney Riback noted the City has been requested to join in an amicus brief which will be filed supporting an ordinance with the City of Santa Ana. Mr. Riback addressed the letter to all City Attorneys dated June 23, 1992 explaining the amicus brief. He noted the ordinance involves a limit on persons living in a residence. In response to Councilmember Monia'squestion, Mr. Riback stated if the City had this ordinance in place the City would be allowed to establish what it believes to be an appropriate minimum square footage for each individual in the one home. He noted if the issue came up at this time, the City would have to follow State regulations. In response to Councilmember Kohler's question, regarding implications if Santa Ana won, Mr. Riback stated the implications relates to the State's authority to impose building and housing standards on individual cities. MONIA/KOHLER MOVED TO JOIN IN THE AMICUS BRIEF. PASSED 5-0. 2) Request from Donald B..Miller, Hakone Foundation, concerning appointment of John Tauchi as Hakone Foundation Trustee. MONIA/BURGER MOVED TO APPOINT WR. JOHN TAUCHI AS HAKONE FOUNDATION TRUSTEE. PASSED 5-0. 3) Letter from W. D. Whetstone with complaints about apparent garbage bin and sign vlolatlons at 14375 Saratoga Ave. Staff recommends that the City Council receive and file and note actions taken by City staff. Mr. DonWhetstone, 14395 Saratoga Ave., stated he has had problems with the garbage bins for many months. Be noted where the garbage bins are placed is illegal and in violation of City Ordinance. Mr. Whetstone reiterated comments from a letter received from Mayor Anderson noting her outrage at the conditions of the trash bins. He feels that staff are not taking any actionon this matter and he was promised support from staff, which he never received. Mr. Whetstone presented copies of a letter from the Chief Building Inspector, which were submitted to the Councilmembers. He noted no action ha~ been taken to resolve this matter and he will now take civil action. Mr. Whetstone expressed his outrage that the City Council has not addressed the ordinance violation. Councilmember Burger stated that the cover letter of the staff report outlines the action that has been taken by staff. She noted the owner of the dumpster has been placed on notice and will be cited for any violations. Mayor Anderson noted Mr. White will be cited if the dumpster is not moved to the back of the building after trash pick-up. Councilmember Monia expressed concern as to why the city has taken so City Council Minutes 4 July 15, 1992 long to act on this matter. He stated this is a major issue for Mr. Whetstone. Mayor Anderson stated the problem was complicated by documents given to the City Hall regarding property line locations. She stated staff does need to look into the procedure and respond back to the City Council. Colonel Barco addressed a problem with trash in his neighborhood on Allendale Dr., similar to the one Mr. Whetstone has presented. He noted staff is aware of this problem. He noted that staff needs to address this problem and deal with it. Mayor Anderson stated she would like a report back from staff regarding this matter. 4) Letter from Ripley Associates concerning Community Libraz7 Expansion Architect selection Staff recommends that the City Council receive and file. Mayor Anderson noted there will be a meeting next week, and she and Councilmember Monia could not attend. She asked if the meeting should be changed? City Manager Peacock stated that he has notified all the parties involved. Councilmember Monia stated this is an important issue and he would like to attend the meeting and suggested changing the date. Mayor Anderson concurred. Councilmember Monia suggested discussing this under Council Items. 5) Report from Grand Juz7 concerning Investigation of Events and circumstances Surrounding Unapproved Site Improvements of Tract 7770 in the Saratoga Foothills Staff recommends that the City Council direct staff as to comments, which Grand Jury requires in 90 days. In response to Mayor Anderson~s question, City Manager Peacock stated the legal obligation is to comment on the report. Mayor Anderson read the recommendations of the Grand Jury to the City Council. In .response to Councilmember Kohler~s questions, City Attorney Riback stated the Council has to comment on the findings and recommendations and indicate how the Council feels about them. Also what action the City Council deems appropriate and direct staff to follow. Mayor Anderson recommended asking staff to prepare a response to be reviewed by the Council and open it up to public comment. The Council agreed to work from a letter to be drafted by the staff. Councilmember Monia asked if the Council would like to explore the Grand Jury's comments regarding irregularities. He noted this should be addressed under City Council items. Mayor Anderson moved to the public hearings at this time. 8. PUBLIC HEARINGS A. Appeal of denial of design review approval to construct a 3,332 eg. ft. detached guest house on a 3.45 acre parcel in the NHR zone district at 14930 Vintner ct. (Applicant/appellant, Farsio~ DR-91-057) (continued from 6/17) Councilmember Tucker asked the City Attorney~s advice on participating City Council Minutes 5 July 15, 1992 in the discussion of this hearing as she was involved in this matter as a member of the Planning Commission. City Attorney Riback stated as a Councilmember she is obligated to act on matters before the Council, unless there is a legal conflict of interest. Planning Director Curtis presented the staff report dated July 15, 1992. He noted the Planning Commission did review this in May and voted unanimously to deny the request, reasons outlined in the staff report. He noted on May 27th the applicant presented an alternative design to the Planning Commission, who felt that new plans should be resubmitted. He stated the applicant is now before the Council to appeal the original design. Mayor Anderson opened the public hearing at 8:32 p.m. Mr. Ali Farsio, Applicant, noted his request for the quest house is within City Codes. He noted the size of a guest house allowed is not written in the Ordinance. He stated his lot is 3 1/2 acres and because of the shape it does not allow the building to be close to the existing residence. Mr. Farsio outlined his reasons for wanting theguest house and requested approval of the original design, but a smaller size. In response to Mayor Anderson's question, Mr. Farsio stated he has not submitted new plans for the smaller guest house. Councilmember Monia stated that he feels the applicant is confused about the process of the hearings. City Attorney Riback explained the process to Mr. Farsio, noting that if a new design is requested the applicant must submit new plans and be heard before the Planning Commission. He explained that the modification to the design came after the resolution, therefore new plans must be submitted. He noted the issue before the City Council is the appeal of the denial by the Planning Commission. He stated in order for the City Council to hear the subsequent proposal, plans must be submitted and then be heard by the Planning Commission. Mayor Kohler stated that this is a misunderstanding and suggested that the fee paid for the appeal should be applied toward the fees for the Planning Commission for the redesign. TUCKER/BURGER MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0. Councilmember Monia expressed concern about setting a precedent for other applicants coming in with redesigns. Councilmember Monia spoke in support of waiving the fee and applying it towards the fee for the Planning Commission. City Attorney Riback stated the appropriate action at this time would be to deny without prejudice and recommend going back to the Planning Commission with new plans. Councilmember Monia .noted he would like to discuss this issue in a study session. MONIA/BURGER MOVED TO UPHOLD THE DENIAL OF THE PLANNING COMMISSION WITHOUT PREJUDICE. PASSED 5-0. Councilmember Monia requested a report from the City Attorney about the complications of the Measure A agreement. He also suggested asking the Planning Commission to address the size of accessory structures. Councilmember Kohler asked if people in this area are notified of their legal rights when purchasing the property. MONIA/KOHLER MOVED TO REFUND THE APPEAL FEE BY ALLOWING A CREDIT AGAINST MR. FARSIO'S REAPPLICATION. PASSED 5-0. Mr. Farsio stated there is no comments regarding a guest house in the Measure A settlement. City Attorney Riback stated he did look at the Measure A settlement and Cit~ Council Hinutes 6 ~ul~ 15~ 1992 there is a serious question of whether Mr. Farsic has the right to build anything on the lot. Me noted he has not had the opportunity to look at the background documents that relate to the settlement agreement back in 1983 and will look at these to determine the intent. Councilmember Monia suggested that Mr. Farsio wait until the legal opinion has been established before going any further. B. Resolution approving Final Zngineer~s Report and confirming Assessments (LLA-1) (existing) Staff recommends that the City Council adopt the resolution. City Engineer Perlin presented the staff report dated July 15, 1992. Me noted he receiVed'no written protest. In response to Councilmember Burgeres question, Mr. Perlin stated this is an existing Landscaping and Lighting District which was established in 1980. He noted the recommendation is to reauthorize the existing district. The public hearing was opened at 8:52 p.m. The public hearing was clo~ed at 8:53 p.m. MONIA/TUCKER MOVED TO ADOPT 'RESOLUTION 92-032.4 CONFIRMING THE ASSESSMENTS. PASSED 5-0. C. Integrated Waste Management Program costs and Proposed Rates MONIA/TUCRER MOVED TO CONTINUE ITEM 8C TO THE MEETING OF AUGUST 5, 1992. PASSED 5-0. 6. OLD BUSINESS A. Funding Criteria for Human services Grants Program (requested at May 6 meeting) Staff recommends that the City Council consider options and direct staff. Ms. King, Assistant to the City Manager, presented the staff report dated July 15, 1992. Ms. King reiterated comments from the staff report and outlined the options recommended. Councilmember Monia stated applicants requesting grants should be asked for financial statements as this would be helpful to staff when making recommendations to the City Council. Councilmember Burger stated she has no objections to request a financial statement. She noted she would like to see the City Council, as a body, reiterate the Council commitments to the agencies who are providing services to Saratoga residents. Councilmember Monia noted this will be difficult to judge because most of the applicants have some percentage of service to Saratoga. There was a consensus of the Council to request a financial statement from applicants applying for grants. B. Report from Planning Director'on Kerwin Ranch Status City Manager Peacock noted the City Council received an oral communication at the July 1st meeting and directed staff to prepare a status report. He noted staff was not asked to comment on the questions raised. City Attorney Riback stated this should be received and filed and no discussion held. MONIA/BURGER MOVED TO RECEIVE AND FILE. PASSED 5-0. City Council Minutes 7 July 15, 1992 C. Council Team Building session Staff recommends that the City Council select possible dates for a Team Building Retreat in September. The Councilmembers discussed the team building and Mayor Anderson noted there are two options and outlined these. She noted the Council n~ed to decide which option to choose. Councilmember Monia stated it would be his preference to have individual consulting. He suggested having private sessions with the consultant and then when they come together as a group it should be a public session. Councilmember Kohler stated the Council should look into the people who give these courses and make sure it will benefit the City. Councilmember Burger stated that the team building will be helpful and the Council will benefit from it. She noted she is concerned if all councilmembers are not willing to participate. She noted she has no objections doing it under the auspices of a consultant, but feels when the Council meet as a group the public must be observers only. Councilmember Tucker spoke in favor of the team building offered by the League of California Cities. She feels getting away and discussing the issues would be beneficial to all councilmembers. Councilmember Monia Stated it should be a public session. City Manager Peacock informed the Council as to when the League has their team building and noted he does have literature describing the process of team building. In response to Mayor Andersonts questions, City Attorney Riback stated the Brown Act does require the City Council or Planning Commission, at a retreat, to meet in public session. They must allow the public to observe when the City Council discuss their relationshlp with each other. He noted the Council will discuss policies, albeit unintentionally, and the public should be allowed to observe. Councilmember Monia requested that staff come back with an outline of events. City Manager Peacock stated there are general rules that have to be agreed upon. He noted no-one can be judgmental. Also there has to be assurances that people will not be attacked for their own opinions and the facilitator must make sure this is done. Mr. Peacock outlined the proceedings of the team building. Be suggested that the Consultant talk to the City Council before hand and give an overview of the proceedings. Councilmember Burger spoke in support of staffts recommendations. Councilmember Monia noted he supports staff~s recommendation but would not be available two weeks in September. Councilmember Kohler stated he would like to see the objectives of the program before starting. He stated the Council~s objective must be to have clear policies for the public. The Councilmembers discussed the objectives of the team building. Mayor Anderson noted she would like the consultant to talk to the City Council to outline the process. D. Bakone Parking Fee (from 2/19) - Progress Report on Implamentation from Foundation President Don Miller City Manager Peacock stated this is a progress report. In response to Councilmember Monia~s question, Mr. Peacock stated Hakone don~t have to pay back to the City until the end of 1995. He stated financially, it is better to pay off the loan. Councilmember Burger stated at the last meeting she attended at Hakone City Council Minutes S July 15, 1992 Foundation they did discuss the advantage of paying down the loan. E. Litigation on San Jose Landfill T~x - discuss whether to Join other cities in pursuing legal action. City Manager Peacock stated he received a confidential memo from the City Attorney at the City of Palo Alto requesting the City join with other cities to overturn the decision of the City of San Jose regarding the Landfill Tax. He noted the amount of money involved for the litigation would be approximately $2500. Mayor Anderson noted this should be discussed in closed session. 7. NEW BUSINESS A. Staff Quarterly Report on To-Do List Items Staff recommends that the City Council review the current list, add items to be done in .1992-93 if necessary. City Manager Peacock noted'six items the Council may want to discuss before March. He reviewed these as outlined in the staff report. In response to Mayor Anderson~s comments, Mr. PeacoCk stated the County has adopted the T2010 plan. He stated the City should be concerned about how transit improvements are going to translate into improved public transit in and around Saratoga. Mayor Anderson outlined the cuts in transportation. Councilmember Burger requested adding Senior housing to the list. Mayor Anderson stated this will be added to the City Mariagerms list. Councilmember Monia stated the City is at final build-out in the Community and the Council should put to rest the interest to have funding mechanism for open space. He stated the City Should find out if the residents want the open space funding and find out how it will be funded. Mayor Anderson noted there have been discussions in the past about having an organization of citizens to look at the open space policies and put a package together which informs the residents on what the money is being spent on. She noted they need a consensus from the Community at large whether they want the open space funding and who will pay for it. Councilmember Monia stated he would like to start the process and the Council should take the leadership and present something to the community. Councilmember Burger stated she would like to see this placed on the agenda for discussion. Mayor Anderson noted it would be useful to find out how other cities deal with this. Mayor Anderson went back to item 6E at this time. Mr. Bill Chastain, 14481 Chester Ave., requested that the Council make a direct and clear statement to the City of San Jose opposing the landfill tax. He stated the litigationis justified and the money should be spent to participate in theligation. Mayor Anderson noted the Council has taken a stand opposing this tax. The Council continued discussion on item 7A. City Manager noted the Council would like to add Senior Housing and Open Space to the to-do list. He noted there is a 10 year plan to improve and complete existing parks within the City. He noted the Library Expansion and SW/NE Road are also on the list. City Council Minutes 9 July 15, 1992 Councilmember Kohler stated SW/NE Road can be heard in combination with open space. City Manager stated this is a complex issue and needs to be resolved. Mayor Anderson questioned the sidewalk plan. City Manager Peacock stated this plan has been reviewed by the Public Safety Commission and will be integrated into the circulation element. He noted the school sidewalk is part of the sidewalk plan. Mr. Peacock stated the residential lighting ordinance will be discussed with the Planning Director. Regarding the. Air Quality Element, Mr. Peacock stated they received a draft deficiency plan guidelines which will be adopted in October. B. Second Amendment to Agency Agreement for Count~wlde Household Hazardous Waste Collection Program Staff recommends that the City Council approve the amendment. MONIA/TUCKER MOVED TO APPROVE THE AMENDMENT TO AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. PASSED 5-0. C. Request for Financial Assistance of $10,802.50 by west Valley College for Older Adult Classes Staff recommends that the City Council table this for 45 days to await outcome of State budget impact on the City. Mayor Anderson noted she had a call from the trustee who expressed concern about the cut in classes because of the budget. City Manager Peacock noted when the City Council met with the college last October they mentioned that this was an emerging problem, and they might have to cut back on some outreach programs in the near future. Councilmember Monia spoke in support of staffts recommendation. MONIA/BURGER MOVED TO TABLE THIS ITEM FOR 45 DAYS. PASSED 5-0. D. Fees for Permits for Massage Establlshments and Massagists Staff recommends that the City Council receive and file. City Manager Peacock presented the staff report dated June 26, 1992. He did not recommend the fees be reduced. Councilmember Kohler stated the registration f~es are higher than neighboring cities. City Manager Peacock explained how the City arrived at its fee, noting that each City makes its own decision regarding the fee and recovering the costs. TUCKER/BURGER MOVED TO RECEIVE AND FILE. PASSED 5-0. E. Memo Authorizing Publicity for Upcoming Hearings - Weed Abatement~ Cable ~ Franchise Councilmember Monia suggested staff consider putting together general information on Cable TV to hand out to the general public. Mayor Anderson suggested putting an article in the Saratoga News which answers common questions regarding cable TV. F. Proposed City Budget cuts, including ch-mher of commerce Funding The Councilmembers discussed the proposed budget cuts. City Manager Peacock stated if is difficult to say what will happen until the State makes a decision, but would like information from the Council. It was agreed that the Councilmembers would submit their comments in City Council Minutes 10 July 15, 1992 writing, regarding the budget cuts, to the City Manager. Mr. Bill Chastain, expressed concern about a continuing problem regarding through traffic on Chester Avenue. He requested that staff look into this issue to eliminate the through traffic and slow down the speed on Chester Avenue. Mayor Anderson noted this should be directed to the Public Safety Commission through the City Engineer and asked Mr. Chastain to follow such a course of action. 9. CITY COUNCIL ITEMS A. Resolution Appointing councilmembers to Various Intergovernmental Committees - Kohler Councilmember Kohler expressed concern regarding the appointment to the West Valley Sanitation District. He feels when Councilmember Burger was appointed it was planned before the appointment. Councilmember Kohler noted he requested to be appointed. Mayor Anderson stated that new Councilmembers are given literature regarding the Commiagencies sions they could serve on. She noted that Councilmember Burger showed interest in this agency. Councilmember Kohler stated he felt he was rejected for the wrong reason. Ms. Nancy McKereghan stated she was disturbed to find out the process in which Councilmembers where appointed to agencies. She expressed concern about the fact that Mayor Anderson was approached a week before her 'appointment to Mayor regarding the position on this agency. She questioned if this was a political pay-off before the election. Councilmember Burger expressed her outrage at the allegations made. She noted she has taken more than her fair share of assignments because she feels the City has suffered in the past years when Councilmembers do not attend the meetings. Mayor Anderson explained the procedure for selecting the Mayor and gave a history of the selections. Councilmember Monia suggested that if a Councilmember receives a stipend from another agency their stipend for City Council should be reduced. He also expressed concern about Councilmembers discussing items on the agenda outside of a public meeting. In response to Councilmember Monia's question City Attorney Riback stated that discussions can take place with less than a quorum, but decisions cannot be made. Mayor Anderson noted she reviewed the committees and asked the Councilmembers which ones they would like to serve on. Councilmember Monia believes that Mayor Anderson violated the BrownAct and made a decision regarding the appointment to the West Valley Sanitation Commission prior to the meeting. Mayor Anderson stated it is the Mayor~s prerogative to select committee members, but ratification is by City Council resolution. Councilmember Kohler stated he would like to know the reason why Councilmember Burger was picked for the District Board. He stated he does not feel he has to justify his commitment to the City Council. He feels, traditionally, it was his turn to take this position. Councilmember Tucker noted that the Mayor should make a decision and move on with the meeting. Mayor Anderson stated that she stands by her original decision. She noted it is important that Councilmembers attend the meetings. Councilmember Kohler stated he resents comments made about his lack of City Council Minutes 11 July 15, 1992 dedication for serving the City. Mr. Lou Thorpe, 19550 Farwell Ave., noted there were nine people who took out papers to run for City Council and stated that Mayor Anderson took one of those people to breakfast to discourage him from running for City Council. Mayor Anderson explained the situation with the person noting the issue was absenteeism. Mr. Thorpe stated that Mayor Anderson owes an explanation to the Community about her actions addressed earlier. B. agenda items for adjourned regular meeting July 21: 1} Presentations concerning Expansion of Community Library by Ripley Associates and Spencer Associates city Manager Peacock stated the bridge on Pierce Road needs to be addressed. He noted the Council should meet to discuss this item as well as the Management Staff Development Plan. The Council agreed to meet on July 21 to discuss the two items above and to meet on the 28th to discuss the Library expansion. C. Reports from Individual Councilmembers Councilmember Burger reported on the West Valley Sanitation District meeting and noted there was approval for the storm drain maintenance program for Saratoga. Councilmember Burger requested that discussion be held on the condition of the Argonaut Shopping Center and would like this placed on the agenda. Councilmember Tucker reported on the Santa Clara County Cities Association meeting. She noted the City will be contacted by the Silicon Valley Arts, asking for the City~s endorsement. She also reported on SB797. She noted there was a request to keep sending letters to the legislator regarding budget cuts. Councilmember Tucker noted SCCCA would like Saratoga~s position on taping some of the closed sessions. Councilmember Monia noted the Brown Act needs to be reviewed. City Attorney Riback stated the District Attorney and the Grand Jury would have access to the tapes. City Manager Peacock stated some Cities do tape their closed session for their own protection. Councilmember Monia stated there should be a report on any action taken. Mr. Peacock stated if action is taken it is written into the minutes. Mayor Anderson expressed concern about security of the tapes. Mayor Anderson addressed the letter from Nick Szabo regarding the transportation meeting. Mayor Anderson reported on the Mayors and Managers meeting. Councilmember Monia requested that the Planning Commission look into the issue of accessory structures. He also requested that they address the size of a guest house. Councilmember Monia also noted that the problems Mr. Whetstone encountered should have been taken care of earlier. He noted the Council needs to discuss how they will address problems such as Mr. ~rnetstone~s. Councilmember Monia also addressed comments made in the Grand Jury City Council Minutes 12 ~uly 15, 1992 report regarding poor judgments and irregularities. He feels the Council owe the General Public an explanation. Councilmember Burger stated she made a connection between "irregularities and poor judgments" and "weaknesses" also referenced in the Grand Jury report. She noted that some of the irregularities and poor judgments have been addressed by implementing the. recommendations received from the Investigating Committee. 10. ADJOURNMENT The meeting adjourned at 11:30 p.m. to a closed session and then to the next regular meeting of August 5, 1992 11. CLOSED SESSION The City Council reconvened from Closed Session, having instructed the City Attorneyto agree to join the San Jose Landfill Tax Litigation provided it was agreed that option (i) of paragraph 5.6 of the draft agreement between the participating citiesis accepted as the basis for majority vote under the agreement. The City Council also instructed the City Manager to place review of the Tract 7770 restoration plan with the City Engineer on the agenda for the July 28th adjourned regular meeting. The meeting adjourned at 11:57 p.m. to 7:30 July 21, 1992. ReSpectfully submitted, Catherine Robillard Minutes Clerk