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HomeMy WebLinkAbout09-16-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 16, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL 2. CEREMONIAL ITEMS A. Resolutions commending outgoing Planning Commissioner Durket and Parks and Recreation Commissioners Franklin, Gilman, and Ward MONIA/TUCKER MOVED TOADOPTRESOLUTIONS 92-060, 92-061, 92-062 AND92- 063 COMMENDING THE ABOVE. PASSED 5-0. B. Resolution appointing Planning commissioners and Parks and Recreation Commissioners BURGER/TUCKER MOVED TO ADOPT RESOLUTION 92-064 APPOINTING PLANNING COMHISSIOMEAS ASFOUR AND MURAKAMI AND PARK8 COMMISSIONERS BARNARD, CLARK, DUTRA, AND SWAN. PASSED 5-0. C. Administration of Oath of Office to above The city Clerk administered the oath of office to Commissioners Asfour, Murakami, Barnard, Clark and Dutra. D. Proclamation on United Nations Day MONIA/BUROER MOVED TO APPROVE PROCLAMATION ON UNITED NATIONS DAY. PASSED 5-0. Ms. Marilyn White stated on the Thursday before UN Day they will hold a luncheon and would like to invite the Councilmembers and the residents. E. Proclamation commending Michelle De Piazza for winning Honors at State Fair for Sewing Project TUCKER/MONIA MOVED TO APPROVE PROCL/~MATION COMMENDING MICHELLE DE PIAZZA FOR WINNING HONORS AT STATE FAIR FOR A SEWING PROJECT. PASSED 3. ROUTINE MATTERS A. Approval of Minutes - 8/27; 9/1; 9/2; 9/8 MONIA/BURGER MOVED TO APPROVE THE MINUTES OF 8/27. PASSED 5-0. MONIA/BURGER MOVED TO APPROVE THE MINUTES OF 9/1. PASSED 5-0. Concerning the 9/2 minutes, Councilmember Kohler requested that the City Clerk verify Mr. Teerlink's comments on page 3; on page 3, paragraph 11, he noted that he was named in the letter with false accusations and would like this included in the minutes. Councilmember Monia commented that concerning page 3, paragraph 11, as addressed by Councilmember Kohler, he and Councilmember Kohler were named in the letter, although they were not on the City Council at the time; Page 9 add paragraph after speaker Nancy McKereghan to read "Councilmember Monia noted that the park development funds are restricted funds and the State budget does not impact these." MONIA/BUROER MOVED TO APPROVE THE MINUTES OF 9/2, AS CORRECTED. PASSED 5-0. BURGER/MONIA MOVED TO APPROVE THE MINUTES OF 9/8. PASSED 5-0. B. Approval of Warrant List City Council Minutes 2 September 16, 1992 TUCKER/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. Councilmember Monia requested clarification on the stipend and what it entails. He requested ,that staff prepare guidelines regarding the stipend versus reimbursable expenses. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 11. 4. CONSENT CALENDAR C. Resolution 92-065 Delegating to the City Manager the Authority to prohibit consumption of a-lcoholic beverages on City Property during City-Sponsored Events D. Acceptance of Donation of $1000 to teen programs from Linda Lubeck, LOs Gatos Rotary Club E. Ordinance 71-110 amending the Zoning Ordinance relating to fences and walls along Heritage lanes (second reading and adoption)(AZO 92-001) F. Ordinance 71-111 amending the Zoning Ordinance eliminating existing nonconforming situations with respect to allowable impervious coverage regulations in the R-1 zone districts (AZO 92-003) (second reading and adoption) Mr. Tom Reddick requested the removal of H, Councilmember Burger requested the removal of B, and Councilmember Monia requested the removal of A & G. MONIA/TUCKER MOVED TO APPROVE ITEMS C, D, E, & F OF THE CONSENT CALENDAR. PASSED 5-0. A. Planning COmmission Actions, 9/9 - Note and file. Councilmember Monia questioned the lack of a Quorum on item 8 of the Planning Commission minutes. He requested a clarification from the City Attorney regarding Quorums. City Attorney Riback stated there were four members in attendance at the Planning Commission meeting and when Commissioner Favero was required to abstain from a discussion there were only three members. He noted when a Commissioner is asked to abstain, his presence cannot be counted for the purposes of a quorum. He stated the Commission can hear testimony, but cannot take any action. City Manager Peacock stated if the majority of the Commission or Council has a conflict of interest there is a provision to address this. MONiA/BURGER MOVED TO APPROVE 4A. PASSED 5-0. B. Brown Act Reporting Requirements - Memo from City Attorney -Receive and file. Councilmember Burger noted she removed this item from the Consent calendar to bring public closure to an issue that was raised at the last meeting. She noted that the City Attorney has researched the Brown Act Reporting Requirements and indicated that the City Council has complied with the Brown Act. She noted the City Council has reported actions which are not required by State Law to be reported, as well those which are. She requested an article be placed in the Saratoga News regarding this issue and the City Attorney's findings. Councilmember Monia expressed concern about the letter from the City Attorney, noting it does not indicate all that should be reported out of a closed session. He noted, on the issue of the Nelson Gardens, the final decision was not reported out. He feels the general public have city council Minutes 3 September 16, 1992 the right to know the decisions made in closed sessions. BURGER/TUCKER MOVED TO APPROVE 4B. PASSED 5-0. G. Resolution 92~066 committingLocal MatchingFunds for ISTEA Programz Saratoga-eunn~vale Rd. Improvements from Big Basin way to Verde Vista Lame (Capital Project 924) Councilmember Monia expressed concern about spending the money at this time because of budget cuts. He suggested this item be placed on an agenda to give the residents an opportunity to comment. City Manager Peacock stated the City has been working with the neighborhood for years and they are in favor of the project. He stated the City's Local Matching Funds will be gas tax money, a restricted fund. He stated the project will improve the traffic flow, provide for a bicycle path and improve drainage significantly. He noted as many trees as possible will be preserved. City Engineer Perlin stated they hope to start this project this winter. He noted he will bring the plans back to Council for review. Councilmember Kohler requested more information in the Engineer's Report. He stated it is not clear which trees will be removed and would like more information on this. Ms. Nancy McKereghan, 20590 Canyon View Dr., expressed concern about the removal of trees. She requested that the neighbors be notifiedas to which trees will be removed and the condition of the trees. City Engineer Perlin stated the Oak tree on Mr. Kahle~s property needs to be removed to accommodate the widening of the road. Mr. Bill Chastain, Chester Ave., expressed concern about the character of the City and noted the trees should be preserved if possible. He stated he is aware of the need for pathways for pedestrians and bicyclists. MeN!A/BURGER MOVED TO APPROVE 4G. PASSED 5-0. H. Authorization for Attendance of Mayor at ASAG/East Bay HUD Conference entitled "Political Firesterm: Minimizing the Impact of the Fire of the Future in your Backyard" in Oakland, October 21, with reasonable and necessaryexpenses Mayor Anderson noted the Mayor and Fire Chief will attend the conference. The City Manager will not attend. Mr. Tom Reddick expressed concern regarding the cost for the Mayor to attend the Conference. Mayor Anderson stated the Conference in Oakland involves the Mayors and Fire Chiefs from all over the Bay. She noted discussions will be held on how to prevent fires such as the Oakland fire. She stated a lot of the conditions which exist in Saratoga are similar to Oakland. BURGER/TUCKER MOVED TO APPROVE 4H. PASSED S-0. City Attorney alerted the Council for the need to hold a closed session on the Cocciardi litigation and needs a unanimous vote to place this on the agenda. MONIA/KOHLER MOVED TO PLACE A CLOSED 8ESSION ON THE AGENDA. PASSED 5- . 5. COMMUNICATIONS FROM COMMISSION8 AND THE PUBLIC A. ORAL COMMUNICATIONS Mayor Anderson acknowledged Boy Scout Troop 536. E.T. Barco, Camino Barco, expressed concern about stray dogs in the City Council ainutes 4 September 16, X992 City and also dogs not being kept on a leash. He stated the City should alert the public of the Ordinance addressing this issue. He stated if the Code Enforcement Officers are not trained to catch stray dogs they should get help from the Sheriff's Department until Animal Control arrives. Colonel Barco addressed illegal signs all over the City. He also addressed the issue of trash on Allendale, an issue he raised at a previous meeting. He noted the can was removed, but the trash is still there. Councilmember Kohler suggested giving the speakers an indication of how their request or concern will be handled. Mayor Anderson requested that staff look into the issues raised by Colonel Barco. Mr. Robert Comstock II, Saratoga, American Independent Party, demanded a public apology from Councilmembers Anderson, Tucker and Burger regarding the statement that implied that the American Independent Party is racist. He stated he would like the apology printed in the Saratoga News and the San Jose Mercury News and a mailer sent out to the residents of Saratoga. He stated if this is not done the American Independent Party will take the Councilmembers to court. Mr. Jim Turk, 19908 Vineyard Ln., submitted a letter from the Council at the Vineyards regarding the entrance/exit into the Vineyards. He stated this is a dangerous situation and speed limits are not adhered to on Saratoga Avenue. He noted there are several suggestions to the Traffic Authority which are contained in the letter. Councilmember Kohler addressed Mr. Comstock's comments. He asked if any Councilmembers are sued will the City Attorney represent them. City Attorney Riback stated if the Councilmembers were acting in the course and scope of their position as councilmembers, the City would defend any law suits against them. Regarding Mr. Turk's comments, Mayor Anderson noted she has talked to the City Manager and they are looking into the possibility of putting a stop light at the Vineyards. Mr. Preston Burlingham, 14173 Squirrel Hollow Ln., stated he is a member of the Saratogans Against Recall (SAR) group. He read a statement of a News Release to the San Francisco Chronicle, San Jose Mercury News and the Saratoga News to the Council and submitted a copy. He requested that a copy of this be made part of the minutes. Mr. Burlingham expressed concern about Councilmember Monia's conduct at City Council meetings and requested a formal apology. He noted any registered voters who signed the recall petition can withdraw their name by submitting a request to the Registrar of Voters. Councilmember Monia stated he would not apologize because Mr. Burlingham was involved in the racial hate mailer. Mr. Don Whetstone, 14768 Vickery Ave., addressed pollutants being discharged into Saratoga Creek. · He stated he asked staff to warn property owners of potential hazards and staff declined for two reasons: 1) Did not know for sure if the substances were harmful; 2) No city program to issue such warnings.. Mr. Whetstone noted he received a letter from the City Manager last year stating that the matter was being investigated.~ Mr. Whetstone expressed concern about staff response regarding this matter. He also submitted a letter from Dr. Stutzman regarding this issue. He also expressed concern about cover stories by staff without taking any action. Mayor Anderson stated Mr. Whetstone's concerns should be placed on the agenda for the next meeting. Mr. Whetstone noted he would circulate photos to the Council as well as the audience of the condition of the creek. ~ity Council Minutes 5 8eptember 16~ 1992 Mr. Jeff Schwartz addressed the Council as follows (exchange transcribed verbatim at the request of Councilmember Monia per City Code Section 2-10,060): Schwartz: Mrs. Anderson is the mayor of this City. As such, she has a special role in representing the City of Saratoga. Mrs. Anderson is also the Councilmember who has acknowledged helping to plan, write, print and distribute the racial hate mail that implied that Meg Caldwell, Planning Commission Chair, is a white supremacist. This flyer was sent to all of Saratoga in spite of Mrs. Anderson's knowledge, since admitted, that Meg Caldwell is not a racist. Last week, however, at the City Council meeting, and in her role as Mayor, Mrs. Anderson used a racial stereotype that defamed an important group of Saratoga residents and should prove repugnant to all Saratogans. During the discussion of Hakone finances, Mrs. Anderson said, "You will excuse the expression, but are we talking about Chinese dollars here or about real dollars?" Well, I won't excuse the expression, any more than if you paired black people and watermelon, or if you talked about Mexican time, or used any other odious racial slur. Or did you insult the Chinese community because they are a relatively small group here? And precisely what did you mean? Was your meaning the Chinese people work less hard for their dollars, or that they stretch their dollars because they are stingy, or what? And if you think this is a minor matter, perhaps we could ask Norm Mineta to address this Council. Me has asked employees of the federal government to resign for referring to Japanese people as "Japs" and then given speeches in front of Congress explaining exactly what he meant and why. I ask two things of you in this Council. First, I demand a public apology from Mrs. Anderson on behalf of this City and particularly on behalf of our Asian residents. Second, I ask the Council to vote a resolution of censure against Mrs. Anderson for her racial slur. I will also make a prediction: those people calling themselves Saratogans Against Recall will condone-this racial slur with their silence. It was okay with them that Mrs. Anderson labeled someone a racist knowing that it was false. So why should it now surprise them when Mrs. Anderson talks publicly about Chinese dollars as opposed to real dollars. These people are very concerned about the cost of an election to correct this situation, but they take no position on slander and racial slurs. These are people with large pocketbooks and tiny, tiny principles. I renew my demand for a formal apology publicly, and I respectfully request the rest of this Council vote to censure Mrs. Anderson for an unthinkable use of the position of mayor to slur members of this community and this area. Thank you. Anderson: I hardly know where to begin on this one. Yeah--don't. It's a very common piece of terminology in the defense business, and I have been many years in the defense business. It simply refers to money that's in-house money that's being transferred around as opposed to money coming in from the outside. Where it originated, I have no idea. I certainly never intended any racial slur. Mr. John Cantlen, 13625 Westover Dr., stated his primary purpose for appearing before the Council is to rebut some of the comments made by Mr. Monia at the last council meeting. He noted the SaratogansAgainst Recall are not a controlled organization of the mayor and also were not involved in the circulation of the document discussed at the last meeting. He noted that SAR put their name on everything they circulate. He suggested the Councilmembers take their personal political discussions and address them in their own time. B. WRITTEN COMMUNICATION8 1) Deborah Vetrano, West Valley College Interior Design Club, requesting waiver of temporary use permit fee for house tour on November 15. City Manager Peacock presented the staff report dated September 16, 1992. He noted the City has waived these fees in the past. City Council Ninutes 6 september 16, 1992 NONIA/BURGER NOVED TO APPROVE THE REQUEST TO WAIVE THE FEES. PASSED 2) The Rev. Eugene W. Jewell, Prince of Peace Lutheran Church, requesting waiver of temporar~use permit fee for Community Inns Rotating Housing Program for December, 1992. Rev. Jewell explained the Rotating Housing Program. In response to Councilmember Burger's question, City Manager Peacock stated the City Council's decision has no bearing on the application before the Planning Commission. He also noted that any cost to the City would be identified by the Planning Commission during the Public hearing process. He noted the Planning Commission has the authority to impose a condition for reimbursement. MONIA/TUCKER MOVED TO APPROVE THE HEQUEST TO WAIVE THE FEES WiTH THE INTENT THAT THE COUNCIL DECISION SHOULD NOT BE VIEWED BY THE PLANNING COMMISSION AS AN INDICATION ONE WAY OR THE OTHER AS TO THE COUNCIL'S FEELING IN THIS MATTER. PASSED 5-0. OLD BUSINESS A. Continued Discussion of Items Involving Hakone Gardens from 9/8 Meeting 1) Possibility of Lowering- Interest Rate on Loan to Hakone Foundation City Manager Peacock addressed the letter from the City Manager to Hakone Foundation. Mr. Peacock reviewed the current loan provisions and noted the issue is if the City Council wish to lower the interest rate. Mr. Peacock addressed the maintenance of Hakone Gardens and if the money coming into the City would off-set the cost of the maintenance. He noted that the City of San Jose spend approximately $225,000 for the maintenance of the Kelly Park Japanese Gardens. Mayor Anderson thanked the volunteers who work at Hakone Gardens noting this keeps the cost down. The Council discussed several ways in which the City could look at a new interest rate. Mr. Peacock noted Hakone Foundation was established to show an income stream to the Gardens and to hopefully entice contributors. The councilmembers discussed investments which the City have and the interest rate they return. Councilmember Kohler stated Hakone Foundation should be encouraged to have other incentives to generate money other than requesting a lower interest rate. Councilmember Burger stated there is balancing act which the city has to achieve. She noted if the City lowers the interest rate they will lose revenue which will affect other City business. She also noted if Hakone pay lower interest rates, payments will come in more often and be larger. She feels more information is needed before the Council can make a decision. Mayor Anderson stated the income Hakone receive from paying a lower interest rate would increase the hours of a staff person to solicit more visitors. She spoke in support of lowering the interest rate for a period of time to see what can be achieved. Councilmember Monia stated the Council must consider how much money is being spent on Hakone and how much the City has already put into Hakone. He stated staff needs to develop a strategy and bring back to Council for review. He stated Hakone Gardens is a public facility and should brln9 in revenue, but not to the point that it loses its public purpose. The Councilmembers discussed the amount of money spent on Hakone City Council Minutes 7 SeptAmber 16, 1992 Gardens versus other city parks. Councilmember Burger stated Hakone Gardens is a much different park than other city parks and the park budget should not be spread evenly among all the parks. Mayor Anderson stated access to the gardens is a problem. She feels if there was better access more people would visit the gardens. Mr. Tom Reddick, 12389 Larchmont Ave., stated the American Disability Act requires handicap access and noted this needs to be looked into. Mayor Anderson stated the City is aware of this necessity. City Manager Peacock stated the law allows three years to complete the handicap access and the City will comply with the law. The Councilmembers discussed rental fees and what the City receives from the Gardens. Councilmember Monia noted he would support a floating interest rate and a formula needs to be established. He asked what is the contribution of the Foundation versus normal city business. He stated the reason for the Foundation was to raise funds and they should go seek donations and members to raise funds. Councilmember Kohler stated the gardens should be made more attractive and the handicap access, as addressed by Mr. Reddick, should be expedited to make the park more available. The Council agreed to have the Finance Department look into a floating interest rate and report back to the Council on October 7. 2) Methods of Reducing Costs of Hakone Festival, including making Annual Hakone Festival a Bi-~nnUal Event Consensus of the Council to have a bi-annual event. 3) Proportional Share of Park Budget Maintenance Budget allocated to Hakone Operations and Possibilities for Offsetting Operating costs presently funded by City Park Maintenance Budget City Manager Peacock stated the Councilmembers made good points regarding strategy. He suggested this be a major item for the Policy Development Meeting which would give staff time to develop an outline for the City Council to explore the issues. Mayor Anderson noted the Council appreciates the number of hours the volunteers put into the Hakone Gardens. B. Draft Reply to Grand Jury regarding its Report on Tract 7770 (from 9/2 meeting) Staff recommends that the City Council review the draft reply; revise as necessary and authorize Mayor to sign on behalf of the City. Ms. Nancy McKereghan stated she was representing Mr. Don Macrae who was unable to attend the meeting. Ms. McKereghan read his letter into the record. Mr. Jeffery Schwartz stated he has read the letter from Mr. Kalb and agrees with his comments and noted this should be sent as part of the response from the City. Mr. Schwartz also addressed his letter to the Council dated September 14, 1992. The Councilmembers discussed the recommendations from the Grand Jury. Councilmember Monia suggested the letter from Mr. Kalb and other committee members be sent with the City Council response. He feels this will address recommendation #2. City Council Minutos 8 September X6# X992 Councilmember Tucker stated the Grand Jury asked for a response from the City Council. She noted this item was on the agenda at the last hearing as well as this hearing and recommendation #2 has been addressed. Councilmember Kohler spoke in favor of including the letters from the- committee as part of the response from the Council. Mayor Anderson concurred with Councilmember Tucker. Councilmember Burger stated the Grand Jury did not ask that the Investigative Committee be reconvened. She stated the Committee~s role in this process was completed when they turned over their report. Councilmember Monia stated this item was continued from the last meeting to get comments from the Investigative Committee. TUCKER/BURGER MOVED TO SEND THE RESPONSE FROM COUNCIL AND STATE THAT THIS ITEM WAS ON THE AGENDA FOR THOHEETING8 TO ADDRESB RECOMMENDATION #2. Mayor Anderson suggested that the letter be structured so that each response follows the recommendation. She does not think the letters submitted to the Council from the Committee members should be sent with the Council~s response. Councilmember Kohler stated the Council is not fulfilling recommendation #2 if they do not include the Committeees response. Mr. Jim Stuart, Allendale, concurred with Councilmember Kohler. Be stated the Judge should see all the unresolved issues. Councilmember Burger stated the Council and the Investigative Committee have distinct differences of opinion of what should have occurred and will never come to a unanimous agreement. She stated the Council should make the decision as to what should be reported back to the Judge. Ms. Nancy McKereghan expressed concern about compliance with recommendation #2. She feels there was not an attempt on the part of the Council to involve the parties involved, therefore it is false to say that the Council has complied to recommendation #2. In response to Councilmember Tucker's question, City Attorney Riback stated recommendation #2 is open to many interpretations and cannot say what the intent of the Grand Jury was. Mayor Anderson suggested that the Council ask for clarification on recommendation #2. Councilmember Kohler concurred. Mr. Schwartz stated that recommendation #2 is not very confusing. He stated no-one in the committee was notified about the draft response. Ms. Meg Caldwell requested that a Councilmember read Mr. Kalb's letter for the purpose of the audience. Councilmember Tucker withdrew her motion. TUCKER MOVED TO 8END THE COUNCIL'8 RESPONSE FORWARD AND ASK FOR CLARIFICATION FOR RECOMMENDATION #2. The motion died due to lack of a second. Councilmember Monia read the letter from Mr. Kalb into the record. TUCKER/KOHLER MOVED TO 8END THE COUNCIL'8 RESPONSE FORWARD AND INQUIRE AS TO WHAT THE INTENT OF RECOMMENDATION #2 IS AND TO NOT 8END THE LETTERS RECEIVED FROM COMMITTEE MEMBERS. PASSED 3-2 (Monia, Burger No). TUCKER/BURGER MOVED TO ACCEPT THE RESPONSE TO RECOMMENDATION City Council Minutes 9 September 16, 1992 Regarding recommendation #3, city Manager Peacock stated staff are suggesting that there be periodic reports of the engineering department, so as the same kind of problem will not be repeated. Mayor Anderson stated the report shall be presented to the public and this should be noted in the letter. Councilmember Tucker withdrew her motion. MONIA/KOHLER MOVED TO DIRECT STAFF TO PREPARE FOR THE CITY COUNCIL A QUARTERLY REPORT ON THE OPERATION OF THE ENGINEERING DEPARTMENT, REPORTING ON ALL M~JOR DEVELOPMENT PROJECTS AS WELL AS BACK LOG PROBLEMS AND ANY OTHER DEFICIENCIES. THIS DIRECTION SHOULD BE REFLECTED IN THE LETTER. PASSED 5-0. C. Request for Financial Assistance of $10,802.50 by West Valley college for Older Adult classes (from 7/15 meeting) Mr. Hubbard outlined the requested from West Valley College. He noted the request is to continue Older Adult Classes. He stated because of State budget cuts, Older Adult Classes will have to be cut. He noted two programs in Saratoga would be cut and the request is for $3545 to continue these classes next semester. In response to Councilmember Moniaes question, Mr. Hubbard stated they are prevented by State law for charging for non-credit classes. Councilmember Monia suggested contracting with the College to perform the classes at the City to recover costs. Mr. Hubbard stated this is a possibility. He noted the City, through its own Recreation Department, can take over the classes. Mr. Hubbard noted they will be serving approximately 10 hours of class per week with no less than 20 students per class. He explained what Older Adult Classes are, noting the class is designed for students 60 years and older. City Manager Peacock stated a contractual agreement with the College is a possibility. He noted the college would deal with the hiring and training. He stated they have set up similar programs with the Saratoga Unified School District for after school programs. Councilmember Monia suggested going forward with this and directing staff to pass this on to the Recreation Director for implementation. MONIA/BURGER MOVED TO APPROVE THE FINANCIAL ASSISTANCE OF $3550 TONEST VALLEY COLLEGE FOR OLDER ADULT CLASSES AND DIRECT THROUGH THE PARKS & RECREATION DEPARTMENT, AS A FEE RECOVERY CLASS. PASSED 5-0. Mayor Anderson moved to item 7B at this time. 7. NEW BUSINESS B. Agreement with Ripley Associates for Preliminary Architectural Services for Community Library Expansion City Manager Peacock stated that staff's recommendation was made before the City received the budget cuts from the State. He stated special district funds have been cut by the State.budget and this has had an impact on the library expansion. He noted if the Council ~roceeds with the expansion of the library, Santa Clara County may not be able to accommodate the expanded cost of operation because of their budget cuts. He stated the City Council need to decide if the library expansion should proceed at this time. He stated even if the City had the funding to build the library, the County may not be able to operate it. Mr. Jim Stuart stated the Council needs to take the County's position into consideration. Ms. Janice Yee, County of Santa Clara, stated they have had a 10 percent revenue loss. She suggested if this issue goes out to the City Council Minutes l0 Beptembor 16, 1992 voters, it should have an amount of money needed to enhance the services. She noted there will be cuts resulting in longer lines and fewer books. She noted that more volunteers will be needed. Ms. Cynthia Ripley, AIA, stated she is available to answer questions of the Council. Councilmember Monia stated that this should go to the voters to get their opinion on the library expansion. Mayor Anderson stated she is concerned about spending money on plans if the residents don't want the expansion at this time. Councilmember Burger stated it was her understanding that the City discussed $10,000 for the initial expansion planning. She expressed concern about the funding from the County and feels the City need to be fiscally conservative. Councilmember Burger also expressed concern about.going forward with this and not completing it for many years and more plans being needed when it finally is completed. Councilmember Tucker suggested meeting with the Library Commission before going forward with this. Mr. Bill Watkins, Library Commissioner, stated he has been involved in library expansions before. He stated the interest rate is good at this time for borrowing money. He also agreed with the Council that the public opinion should be assessed. He feels there is strong public support for libraries in Cities as well and the County. He suggested that a survey be done. He stated a library is an institution which serves all members of the community. He also suggested renegotiating with Ripley Associates. He noted he would be willing tO organize a survey. The Councilmembers discussed the possibility of a professional survey and the cost. Ms. Cynthia Ripley stated if the Council is still interested in the expansion a cost construction projection can be looked at. Councilmember Monia spoke in favor of a survey. Mayor Anderson stated the voters need to know how much the expansion will cost them. MONIA/KOHLER MOVED TO DIRECT 8TAFF TO WORK WITH THE LIBRARY COMMISSION TO COME UP WITH A 8UGGE8TION FOR A SURVEY TO BE REVIEWED BY THE CITY COUNCIL. Ms. Yee stated the economic times will impact how people will respond to the survey. councilmember Kohler stated the survey will cost money, but feels it is necessary. He noted a better response would be to put this on an Advisory Ballot,' but not now because of economic time. He suggested delaying the survey for six months. The above motion was carried 5-0. A. Comments on Proposed Public Transit Service CUts Staff recommends that the City Council review the proposed cuts to lines 27, 54, 57 and 58 which serve SaratOga and forward any comments to the County Transportation Agency. City Manager Peacock noted there was no commentary from the public. MONIA/BURGER MOVED TO APPROVE STAFF RECOMMENDATION TO CUT THE TRANSIT LIMES, WITH REGRET. PASSED 5-0. Oral Communications was continued at this time. Rev. Jewell requested adding an emergency item to the agenda for a request regarding the waiver of a fee for an Arts & Music Festival. MONIA/TUCKER MOVED TO AGENDIZE THE EMERGENCY ITEM. PASSED 5-0. City Council Minutes ll September 16, 1992 Rev. Jewell stated the church is holding an Art and Music Festivaland requested that the City waive the fee. He noted the donations of the festival are for the first and last months rent for a family coming out of the Housing Program. BURGER/TUCKER MOVED TO WAIVE THE FEE. PASSED 5-0. Ms. Nancy McKereghan expressed concern about how long she had to wait to speak under Oral Communications. She noted she will address her item at another time. Mr. Jim Lavin, Pepper Ln., stated he was in the process of obtaining signatures for the recall petition and noted a woman was afraid to sign the petition out of concern about the retaliation on her grand- children. Mr. Lavin feels this woman's concerns go far beyond the last election. Me stated it is important how elected officials are perceived because they impact and affect lives. Mr. Tom Reddick expressed concern about no minutes taken at the meeting with Hakone Foundation. Mayor Anderson stated there were minutes taken which were approved with the other minutes earlier in the meeting. C. Memo Authorizing Publicity for Upcoming Hearings - None. D. Scheduling of City Manager Evaluatlon Process Mayor Anderson noted she needs to receive evaluation forms from the Councilmembers. City Manager Peacock suggested a meeting with the West Valley College on October 6, 1992 to discuss budget cuts. The Councilmembers agreed to meet for the City Manager's Evaluation Process on Monday September 21, at 7:30 p.m. and then October 6 with the City Manager present. 8. PUBLIC HEARING8 - None. 9. CITY COUNCIL ITEMS A. Agency Assignment Reports Councilmember Burger stated she attended the Flood Control Advisory Board and a copy of her report was submitted to the Councilmembers. Councilmember Monia reported on the Cable TV meeting. He stated the by-laws were updated. Be stated a report will be submitted to the Councilmembers. Councilmember Monia noted the poor transmission when televising the City Council meeting, the fault lies with the Cable Company. Councilmember Tucker reported on the HCD meeting. Mayor Anderson reported on the Mayors and Managers meeting. She also reported on the ABAG meeting and senator Morgan's Bill which was defeated and is going to resurface. City Manager Peacock explained the roles of ABAG and MTC. B. General Items 1) Joint Meeting with West Valley College - Need for meeting and, if needed, acceptable date The Councilmember agreed to postpone the joint meeting with West Valley College on October 1, 1992, until after the board of Trustees election. city Council Minu~es X2 september 16# 1992 Councilmember Burger requested a discussion be held on the possible change in the interview process for incumbent commission members at the next regular meeting. 10. ADJOURNMENT The meeting was adjourned at 11:35, in memory of Lenny Bee, to the meeting of September 21, 1992 at 7:30 p.m., then to october 6 at 7:30 p.m., both meetings to be held in the City Hall Emergency Meeting Room. 11. CLOSED SESSION on pending litigation in the case of Saratoga vs. Cocciardi. Respectfully submitted, Minutes Clerk