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HomeMy WebLinkAbout10-07-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 7, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Burger, Tucker, Monia, Kohler, Mayor Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Environmental Programs Manager Gloege. 2. CEREMONIAL ITEMS Mayor Anderson requested placing a proclamation on the Agenda for the fire fighters involved in the recent fire in the Saratoga Hills. BURGER/TUCKER MOVED TO PLACE A PROCLAMATION FOR THE FIRE FIGHTERS ON THE AGENDA. PASSED 5-0. A. Acceptance, with regret, of letter of resignation from Public Safety Commissioner Anne Dawson The City Council presented a Resolution to Anne Dawson and a Proclamation to the Fire Department. B. Resolution 92-067 commending Commissioner Dawson C. Acceptance of Certificate of Achievement for Excellence in Financial Reporting awarded to City of Saratoga Finance Department Ms. Patricia Shriver was presented with the Certificate of Achievement for Excellence in Financial Reporting. 3. ROUTINE MATTERS A. Approval of Minutes - 9/16; 9/21 Councilmember Monia made the following corrections to the minutes of 9/16: Page 4, paragraph 11, should read "Councilmember Monia stated he would not apologize because Mr. Burlingham was involved in the racial hate mailer" Councilmember Kohler made the following corrections to the minutes of 9/16: Page 1, he would like Mr. Teerlink's comments included in the minutes and would request a copy of the corrected minutes. Councilmember Burger made the following corrections to the minutes of 9/16: Page 6, the motion under 5B2 should read "MONIA/TUCRER MOVED TO APPROVE THE REQUEST TO WAIVE THE FEES AND THE COUNCIL DOES NOT INTEND TO HAVE AN INFLUENCE ON THE PLANNING COMMISSION'8 UPCOMING DISCUSSION ON THIS MATTER". BURGER/MONIA MOVED TO APPROVE THE MINUTE8 OF 9/16, AN CORRECTED. PASSED TUCKER/BURGER MOVED TO APPROVE THE MINDTEe OF 9/21, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/KOHLER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda PUrsuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 2. City Council Minutes 2 october 7# 1992 4. CONSENT C~/~ENDAR A. Planning COmmissiOn Actions, 9/23 - Noted and filed. B. Public Safety commission Minutes, 9/14 - Noted and filed. C. Resolution 92-031.1 amending Resolution 92--031 regarding deductions from compensation of employees exempt from the overtime provisions of the Fair Labor Standards Act D, Special Event Permit Request for October 25, 1992, Village Halloween Costume Walk F. Resolution 92-068 abandoning Emergency Access and Public Service Easements in Tract 7889, G~psy Hills Subdivision H. Hakone Foundation Revenues - 9/2-10/1/92 I. City Financial Reports for July and August= 1) Treasurerss Report 2) Investment Report 3) Financial Report Councilmember Anderson requested the removal of item 4E from the Consent Calendar. Mr. Teerlink requested the removal of item 4G KOHLER/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF 4 E & G. PlYSeED 5-0. E. Resolution accepting offer of dedication of Pedestrian and Equestrian Easement at Saratoga Countr~ Club Mr. William Brooks, Merrick Dr., addressed the trail system. He expressed concern about the construction of the trails as well as the conditions of approval. He noted the Maintenance Department was not involved when construction on the trail system was signed off. He stated the department responsible should be involved in the approval process. Mr. Brooks requested that this item not be approved at this time until the Maintenance Department can look into it. At Mayor Anderson's request, Mr. Brooks explained his involvement in the trail system. Mayor Anderson suggested that the Parks Department and the Maintenance Director look into this. Councilmember Monia asked if the trail was built to City requirements. City Manager Peacock stated the improvements are reviewed by the Engineering Department. Mr. Brooks stated when he looked at the files in the Planning Department there was no objective criteria and is concerned about this. Mr. Brooks stated there should be a standard procedure to follow when plans come up for review and all the departments involved should be aware of this procedure. Mr. Brooks noted he will leave photos with the City Manager. TUCKER/MONIA MOVED TO CONTINUE THIS ITEM FORTWOWEEKS/~NDTHEHESHOULD BE A SIGN OFF SHEET FOR THE PARKS, ENGINEERING AND PLANNING DEPARTI4ENTS. PASSED 5-0. G. Resolution accepting offers of Dedication of Trail Easements and Pedestrian and Equestrian Easements in Tract 6781, Teerlink Ranch Subdivision Mr. Heber Teerlink suggested that 4G be continued. He stated the original offer of dedication on the Teerlink Ranch was made in 1977. He stated the offer to dedicate was withdrawn several years ago. He City Council Minutes 3 october 7, 1992 requested that this item be continued to research this issue. He stated the only improvements made to the property have been made by the Teerlinks. City Attorney Riback stated he did respond to Mr. Teerlink a year ago regarding this issue. Re noted the offer of dedication is not subject to be withdrawn and is an open offer for 25 years. He noted his letter advised Mr. Teerlink of those facts. Mr. Riback stated he will review this issue again if the Council so request. Councilmember Tucker made a motion to investigate the offer of dedication. Councilmember Monia stated the City has already investigated this and the offer runs with the land. Councilmember Tucker withdrew her motion. City Attorney Riback stated this matter can be continued and Mr. Teerlink should provide any additional information which he may have regarding this matter. Councilmember Kohler requested that the dedication for the fire house be reviewed. Mr. Heber J. Teerlink addressed the horse trails running through his property. Re stated there are two trails and the City needs to clarify which is the dedication and decide if this offer can be revoked. Mayor Anderson stated that staff should look into this matter. TUCKER/MONIA MOVED TO CONTINUE THIS ITEM FOR FOUR WEEKS AND ALSO TO LOOK AT THE DEDICATION FOR THE FIRE ROUSE. PA~SED 5-0. CONSENT CALENDAR II - Claims a. Claim of Royce in connection with injuries sustained after tripping over concrete bumper in parking lot Staff recommends that the City Council reject the claim. BURGER/TUCKER MOVED TO REJECT THE CLAIM. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Tom Reddick, 12389 Larchmont Ave., suggested that people speaking under Oral Communications write in the time they arrived at the meeting so they can be called in order. He also asked why the budget is not on the agenda. City Manager Peacock stated a resolution to finalize the budget will be on the agenda for October 21, 1992. Ms. Dora Grens, 13451 Old Oak Way, commended the Fire Department for their handling of the fire in Saratoga. She stated the emergency communication was not very effective and the public needs to be informed in a timely manner. E.T. Barco, Barco Camino, commended the Fire Department. He expressed concern about the light at the Orthodox Church on Allendale. He noted they have erected two 20 ft. poles to hold up a banner, with no Use Permit. Mr. Barco also expressed concern about the house on Allendale with a trash problem. He suggested that the City rewrite the sign ordinance and the Mayor contact Mr. Fixit of the San Jose Mercury News to solve the trash problem. Ms. Carla Peterschmidt, Saratoga, noted Mayor Anderson spoke to her class in school. She expressed concern about the comments made by Mayor Anderson about Councilmember Monia and Meg Caldwell. City Council ainutee 4 October 7, 1992 Ms. Nancy McKereghan, 20590 Canyon View Dr., stated there have been questions regarding the Odd Fellows site which have been unanswered. She stated it is not Council's policy to have a report wrote up for social visits and noted the report is available to the public. Mayor Anderson noted this will be addressed at the end of the meeting.. Councilmember Kohler noted he received two letters which were not on the agenda. Mr. Kohler read a letter fromMr. Bixley into the record. Mayor Anderson noted she does not choose what goes on the agenda. Mayor Anderson read a letter from Ms. Jill Lin. She noted she did submit a statement to several Asian papers and the San Jose Mercury News regarding her comments about "Chinese Dollars". Councilmember Burger stated every piece of mail which comes to the City, a copy is made and distributed to each Councilmember. She stated she does not recall Mr. Bixley requesting his letter be read into the record. Councilmember Tucker stated the Council should continue with City business at this time. B. WRITTEN COMMUNICATIONS 1) Memo from Planning Commission recommending that Council consider seriously the purchase of a portion of Kerwin Ranch Mr. Guenther Machol, Ronnie Way, stated this project was approved by the Planning Commission and calls for some open space. He asked why the acquisition was being considered. Mr. Chris Marchese, 19413 Lisa Marie Ct., stated the neighbors on Lisa Marie Ct. submitted a petition to the Council and noted the City should not consider.purchasing this property. Mr. Marchese stated the KeNin family should be allowed to get on with their development. In response to Councilmember Kohler's question, Mr. Marchese stated after looking at the plans presented by the property owners, he approves of the proposal. Mr. Preston Burlingham, 14173 Squirrel Hollow Ln., stated he has no interest in Kerwin Ranch, but is speaking to avoid a "Ravenwood 2". He stated the Kerwin's have Planning Commission approval and the residents do not want a park. He stated re-studying KeNin Ranch at this time is inappropriate. Ms. Linda Davis, 13616 Fruitvale Ave., stated the property owners have worked with staff, neighbors and the Planning Commission all through this process. She noted they have had several public hearings. Ms. Davis noted a petition was submitted against the acquisition of the property. She requested that the City Council be responsive to the neighborhood issues and their needs. Mayor Anderson commended Ms. Davis for her commitment to the neighbors. Mr. Robert Cooper, 13655 Ronnie Way, requested that the KeNin Ranch be developed in accordance with the current zoning and General Plan. He stated the Orchard is declining and the neighbors do not want a park. He stated the Council should proceed with the current plans and concurred with Mayor Anderson regarding Ms. Davis' commitment to the neighbors. Mr. Dennis Favero, Planning Commissioner, stated the Planning Commission was concerned that this is a prominent site within the city. They wanted to give the City Council the option to consider purchasing all or part of the property. He stated the Plannihg Commission felt they had a responsibility to the city as a whole to bring this issue forward. Ms. Carol Machol stated she takes a stand against the letter from the Planning Commission. She stated there is no support for the purchasing City Council Minutes 5 october 7, 1992 of the property for open space. Ms. Machol outlined the open space on the proposed plans. She reviewed the petition submitted to the Council noting the area is zoned for single family residents. Mr. Bill Stevens, 19337 Lisa Marie Ct., spoke in opposition to the City acquiring part of the property for open space. He expressed concern about the care and maintenance of the open space and also the safety problem if a park was installed. Mr. Stevens stated if a park is installed it will lack parking. He commended the property owners for working with the neighbors. He stated he attended a Planning Commission meeting and they took a preference vote (6-0) not to acquire the property for public use. Councilmember Kohler stated he thought the people wanted the open space in this area. He stated if the neighborhood is in favor of the development it should go ahead. Councilmember Tucker stated the Planning Commission worked with the developer to address sensitivity issues. She feels the citizens will be pleased with the development. Councilmember Monia stated the Planning Commission cannot approve the acquisition of property and this is why it is before the City Council. He stated staff have been directed by the City Council to enforce budget cuts, therefore the acquisition of this property at this time is unfeasible. KOHLER/BURGER MOVED TO NOT APPROVE THE PURCHASE OF KERWlN RANCH. PASSED 5-0. 2) Jeffrey A. Schwartz, 19281 San Marcos Road, requesting a resolution of censure by the City Council for Mayor Anderson BURGER/TOCKER MOVED TO RECEIVE AND FILE. Mr. Jeffrey Schwartz stated he would llke to change the request in his letter. He noted he saw the letter of apology from Mayor Anderson and because of this would withdraw his censure request. He feels Mayor Anderson should have apologized when the statement was made. The above motion was carried 5-0. Mayor Anderson noted she did not intend for her comment to be a racial slur. She noted she talked to people she has worked with who stated this was an expression used. She noted on the advice of the Asian Alliance she did write an apology. 3) Raisa Kocher, Sotoptimist Club, requesting fee waiver for use of Community Center. Staff recommends that the City Council deny the request in accordance with Council policy. Ms. Raisa Kocher, Soroptimist Club, stated last year was the first year they were required to pay the $900 fee. She explained what the Soroptimist Club do and requested that half the fee be waived if all cannot. City Manager Peacock stated it is the City. Counciles decision to waive the fee and he addressed his memo dated October 1, 1992. KOHLER/BURGER MOVED TO DENY THE REQUEST IN ACCORDANCE WITH COUNCIL POLICY. Mayor Anderson suggested the Soroptimist Club request funding from the Human Service grants. The above motion was carried 5-0. '4) Aaron L. Katz, P.O. Box 116, concerning Cityes handling of Cable TV Franchise Extension and Solid City Council Minutes 6 october 7, 1992 Waste Rates Mr. Aaron Katz, P.O. Box 116, commended the Fire Department. He expressed concern about the process of letters getting to Councilmembers and the competence of,staff. Mr. Katz addressed the issue of Southbay Cable exercising the option to extend the franchise. He requested a thorough investigation and a public hearing to find out the facts. Mr. Katz also expressed concern about rate increases. Councilmember Monia noted he did receive a call from Mr. Katz regarding this matter. He asked if the contract with Southbay Cable is in default would the City would be in a better position to negotiate? Mr. Monia asked how the City could negotiate in relationship to the Bill that was passed by Congress. City Manager Peacock stated there would be a requirement in the new contract which addresses any Bill passed in Congress. He stated the City does not know at this point what the FCC will do in terms of regulating rates. He stated he has another negotiating session on October 15th and the consulting attorney will be briefed as to what the Bill means to the City. Mr. Peacock stated a report of the negotiating session will be submitted to the Councilmembers. Councilmember Monia stated the City has not indicated acceptance of the Cable Company's option. City Manager Peacock noted he was verbally informed by Mr. Haggerry that Southbay did want to exercise their option prior to the deadline. Mayor Anderson stated the City is looking into the aspects of the new legislation. 6. OLD BUSINESS Report from Environmental Programs Manager on Solid Waste Rate Differentials Policy Mr. Katz addressed the discrimination in rates for garbage pick-up. He stated staff made a recommendation several years ago for a higher charge for hard-to-serve areas. He noted the difference in rates is 45 percent. Mr. Katz stated if the hard-to-serve rates were eliminated there would minimal increase for those in the flat lands. Me stated rates should not be discriminated within the City and this should be eliminated. Mayor Anderson stated that there was a citizen's committee who studied this issue. Ms. Isabel Gloege, Environmental Programs Manager, stated the rates for garbage pick-up also includes recycling. She stated people in the flat lands do not want to pay more for people living in the hard-to-serve areas. In response to Councilmember Kohler's question, Ms. Gloege stated a member of the Citizens Committee does live in the hard-to- serve areas. City Manager Peacock pointed out that the City Council did vote against discrimination in rates for sewer maintenance. Councilmember Monia feels that the rates in the hard-to-serve areas go up because of the recycling programs and the flat lands generate more recyclables. He stated the Council needs to decide if they should have average rates. He noted this is a policy issue. Councilmember Monia requested an average cost for all citizens. The Councilmembers discussed the issue of trucks going to the end of driveways. Councilmember Kohler stated he and his neighbors already take their garbage cans to a common area to facilitate garbage pick-up. Councilmember Burger stated this is a policy decision and should be placed on the agenda. She asked staff to provide the City Council with City Council Minutes 7 October 7# 1992 a basic rate to citizens. Mr. Katz asked that this not be agendized and the Council make a decision. Councilmember Burger stated the Council must notify the public if they are considering a policy change. Mayor Anderson thanked Green Valley for offering their services for removing debris after the fire. B. Report from Environmental Programs Manager on Saratoga creek Water Quality Ms. Isabel Gloege presented the staff report dated October 7, 1992. She stated Mr. Whetstone never received a letter because the case is not closed. She stated staff is concerned about the foam in the creek and this is being investigated further. She stated a grab sample was collected from the creek and the water appears not to be contaminated. Ms. Gloege reviewed staff's response to the concerns raised, as outlined in the staff report. Councilmember Kohler stated it would be worthwhile to do one sample to look for contaminants. Ms. Gloege outlined the procedure to obtain a baseline. She stated this must be an on-going analysis. Councilmember Burger requested that Mr. Whetstone notify the City if the foam occurs again so staff can get a sample. Ms. Gloege stated there was an incident of contamination to the creek and this was resolved. Councilmember Monia stated the presence of trout in the creek is not proof that the creek is not contaminated. He stated there are Federal laws to deal with contamination of creeks. Mr. Monia stated the City needs to deal with preventive procedures and policies. In response to Councilmember Monia's question, Ms. Gloege stated if residents suspect the creek is contaminated they should call 911 and staff will be notified. Mayor Anderson suggested an article be placed in the Saratoga News informing the residents of the procedure to follow. The Council then discussed the storm drainage system. Ms. Gloege stated the City uses 15 maps which are accurate. She stated the main arteries in the City are controlled by Cal-Trans and the City does not have copies of the permits or their mapping. Mr. Don Whetstone, 14395 Saratoga Ave., stated the maps show no storm drains on Big Basin Way. He expressed concern about the series of discharges in the creeks. He noted he called the City and could not get a response. He stated trout in the creek is a negative indicator as to the water quality. Mr. Whetstone noted the people living along the creek should be notified of the possible contamination. He noted he has hired an individual to investigate this matter and noted the City of Saratoga is violating Federal Law by not dealing with the contamination. In response to Councilmember Burger's question, Mr. Whetstone stated he would show the contract he signed with the toxicologist to the Council if they signed a non-disclosure statement. Mr. Whetstone expressed concern about several places in the village where discharge goes into the storm drains. He also expressed concern about letters. he sent to the City, regarding this issue, being ignored. In response to Councilmember Kohler's question, Ms. Gloege stated a sample from the creek was taken, but put in a plastic container and could not be used. City Council Ninutes 8 October 7, 1992 Councilmember Kohler stated the City is lacking expertise and needs to send out a sample immediately to be analyzed. Mr. Stan Bogosian, Planning Commissioner, stated he has observed sewage smell in the village shortly after the drains were cleaned out. He noted he has also observed algae growing in the creek. Mr. Bogosian stated this will become a big problem if not dealt with and the City needs to have samples analyzed as soon as possible. Ms. Gloege stated the City has contracted with the West Valley Sanitation District to inspect the storm drains and review their map to better understand the Cal-Trans system. She stated the problem is dealing with a system which is not the City~s. Mr. Jeff Schwartz expressed concern about illegal dumping of hazardous materials into the creek. He also expressed concern about the response from staff and the attitudes of staff towards citizens trying to help the City. Dr. Leo Barnard explalned the background of his work regarding water quality. He noted he has stepped forward as a private citizen because he is concerned about this issue. He stated Mr. Whetstone's concerns should be noted and the City should take the chance to step forward and take a strong stance with this issue. He stated the City should have a strong plan of action to respond to complaints regarding pollutants in the creek. Dr. Barnard expressed concern about metals in the water. He stated a pristine creek to the eye is not necessarily free of contaminants and the presence of trout is not an indicator as to the condition of the creek. He concurred with Mayor Anderson regarding an informational piece in the Saratoga News. In response to Councilmember Burger's question regarding EPA sampling, Dr. Barnard did not feel it was necessarily appropriate at this time. Dr. Barnard explained his work which involved sampling waters he has done in the past. He stated he can provide help, but a thorough response on a scientific basis is called for and he would be happy to participate. In response to Councilmember Kohler~s question, Dr. Barnard stated the EPA have guidelines and standards for testing, but in many cases it is not tied to the toxicity. He did express concern about the sewage smell as addressed earlier. Dr. Barnard stated he does have some of the equipment needed to do the testing and the City needs to get on top of this problem. Ms. Gloege stated she did contact the Sanitation District and they are looking into this. Councilmember Monia asked what are the chances of taking a sample and finding pollutants? Dr. Barnard stated it depends on how the stream is flowing when the samples are taken. Councilmember Monia stated the City needs a baseline and also expressed concern about illegal dumping. Councilmember Burger stated she would like to see a baseline sample. She encouraged Mr. Whetstone to call the authorities if he identifies a problem again. She feels a problem, if one exists, can be identified and resolved with the help of staff. Mayor Anderson asked Dr. Barnard to work with staff. Councilmember Monia stated there should be samples taken from above the downtown area and analyzed. Ms. Gloege stated she does not have the money in the budget to perform the sampling and also does not think that one sample will establish a baseline. City Manager Peacock stated that, when the budget was established for city council Minutes 9 October 7, 1992 the non-point source pollution program, staff did not foresee the City getting involved in these studies. He stated this is not a new situation as the City has had these kinds of problems before and this is a serious issue. Mr. Peacock stated if the City is going to become involved and do the studies, it will be outside the budget and the City Council will have to look at this issue. Councilmember Monia asked the legal requirements if the stream is contaminated. City Manager Peacock stated the idea of the non-point source pollution program is to track down illegal discharges and eliminate these and this is the reason for the contract with the Sanitation District. In response to Councilmember Monia's question Mr. Peacock stated he does not think the City can recover the costs of the sampling. He stated the State and Federal Government have the authority to fine. He noted if caught in the act of discharging hazardous material it is a criminal act. In response to Councilmember Kohler's question regarding the legal obligation of the State regarding the costs of analyzing, City Manager Peacock stated he will look into this. City Attorney Riback noted it is the District Attorney's office who will prosecute and assess fines and damages. He stated they will not attempt to reimburse the City for their costs. City Engineer Perlin suggested giving Ms. Gloege time to come up with a plan. He stated if something is found in the creek it should be dealt with at that time. He stated from previous experience the costs are staggering in just the sampling alone. He suggested the money be put into the non-point source pollution program to prevent the pollution. He stated if there is another incident the City should get on the problem immediately and identify this. He stated the City are not dealing with a specific incident, but a larger program. Councilmember Tucker suggesting notifying the Commercial area of the Council's concerns and would like their cooperation when a program is set up. She suggested staff come back with some options. Dr. Barnard stated he did a project along the Florida coast line and the cost of the entire study for a three month period was $500,000. He stated if there is a problem in the creek it needs to be identified. Councilmember Tucker also suggested getting help from West Valley College. Mayor Anderson suggested staff report back on optional programs and costs. Councilmember Monia stated that merchants should be notified. Councilmember Kohler stated a baseline should be started immediately. He stated the State should be contacted and told there is a potential problem. He noted the City must be prepared if another incident occurs. TUCKER/BURGER MOVED TO NOTIFY THE MERCHANT8 OF THE ACTION8 THE CITY COUNCIL WILL BE TAKING; LET THE RESIDENTS KNOWWHO TO CALL IF A PROBLEM OCCURS; DIRECT STAFF TO DO A STUDY ~ COME BACK WITH OPTION8 AND COSTS; LOOK INTO WEST VALLEY COLLEGE COOPERATING. Councilmember Monia stated if there is'a problem it needs to be resolved and the City needs to take some action. City Manager Peacock stated they will set up an immediate change of contact through 911. He stated he is concerned about sending staff into the creek for sampling without proper training and clothing. Mr. Jim Stuart asked that the Council respond as to why it took 15 months to respond to this problem. Mayor Anderson stated a response has been prepared. City Council Minutes l0 october 7, 1992 The above motion was carried S-0. C. Report from Finance Director on Index for computing Interest for Loan to Hakeno Foundation City Manager Peacock presented the staff report from the Finance Department dated October 7, 1992. He stated if the rates are changed frequently it will create a book-keeping requirement which the City does not have. The Councilmembers discussed the rental return and Mayor Anderson suggested reviewing this in six months. MONIA/KOHLEH MOVED TO ACCEPT O~E HALF PERCENT OVER THE PRIME REGISTERED IN THE WALL STREET JOURNAL AS OF OCTOBER 5, 1992, TO BE REVIEWED IN SIX MO~TAH. PASSED Mr. Jeff Schwartz asked if the private events would interfere with regular visiting hours. city Manager Peacock stated the gardens will remain open to the public during regular visiting hours. 7. NEW BUSINESS A. City Council Expense Reimbursement Policy Staff recommends that the City Council direct staff to revise the existing policy statement to conform with the proposal made by staff in March 1986 for adoption by the City Council on October 21, 1992. Mayor Anderson stated if the Councilmembers are attending a function or meeting within the County it comes out of their own expense account. If expenses are out of County it comes out of another expense account. City Manager Peacock stated the existing policy is for staff and Councilmembers. He noted if a meeting/conference is outside the metropolitan area they can claim for either mileage or air fare. Councilmember Burger asked if there is a consensus of the Council for a member to attend meetings outside the County. City Manager Peacock stated that some meetings involving the Bay Area are held outside the County. Mr. Peacock reviewed the policy which was adopted. He stated the original intent of the expense allowance was for City Council obligations, but not necessarily formal obligations. Councilmember Monia stated he will work with staff and bring back a recommendation. B. Memo AuthorizingPublicity for Upcoming Hearings - Franklin Appeal; Uniform Codes There was consensus to accept the staff recommendations for publicity. C. Proposal for Consolidation of C~mm~ssion Term Expiration Dates City Manager Peacock presented the staff report dated October 7, 1992. Councilmember Monia suggested considering appointing an alternate to Commissions to cover early resignations of Commissioners. Councilmember Burger stated if a resignation occurs after an appointment they should have a pool in which the City Council can choose from. City Manager Peacock stated the law requires that the vacancy be posted, but the Council can select from the pool. Councilmember Monia stated the Council should look at this policy in its entirety and review it at a future date. City Council Minutes 11 october 7, 1992 8. PUBLIC HEARINGS- None. 9. CITY COUNCIL ITEMS &. Oral Communications (continued) and response from City. Council, if necessar~ Mayor Anderson responded to Nancy McKereghan's comments regarding the Odd Fellows site. She noted this meeting was informal and it was not inappropriate to discuss future plans. She noted the Paul Masson site was also under consideration and a status report was brought back to the Council. She noted she was not representing a Council decision, but wanted a status report. Ms. Nancy McKereghan stated Mayor Anderson artended this meeting without prior approval from the Council. She noted the Paul Masson site is already approved for senior housing. Ms. McKereghan stated the matter of the Odd Fellows site was a matter of political rhetoric and debate during the campaign. She stated if the Council has concerns about development on the Paul Masson site falling through it should be discussed in front of the public and any reports should be made available to the public. City Manager Peacock stated the minutes of the meetings were discussed at an adjourned meeting. Ms. McKereghan stated the City Manager's report had not been agendized. Mayor Anderson stated a copy of the report can be obtained from staff. Councilmember Monia addressed the issue of station 1610. City Manager Peacock stated this station is operated by telephone and the system was down on the day of the fire. Me stated he was in contact with the Sheriff's Department, but was not in contact with the Fire Department. He noted he has a meeting with the Fire Department to discuss the issues. Me also noted they will talk about establishing a prearranged determination of were an evacuation assembly location maybe. Me stated station 1610 is not a live broadcast, but pre- recorded messages which can be updated. Councilmember Monia stated they should get some kind of instruction to the areas in danger in a timely manner. City Manager Peacock stated this would have happened if there had not been an equipment failure. Ms. McKereghan informed the Council that she did receive information over the radio. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Tucker 6. IGC - Kohler 7. Flood Control Advisory Board - Burger 8. League of Cities Peninsula Division - Tucker 9. Water District Commission - Anderson 10. Santa Clara County Cities Association - Tucker 11. Sister City Committee - Burger 12. Traffic Authority Policy Advisory Board - Tucker 13. Transit Assist Board - Burger 14. Senior Coordinating Committee - Burger 15. West Valley Sanitation District - Burger Councilmember Burger stated reports had been submitted to Councilmembers on the meetings she attended. Councilmember Tucker reported on the League of Cities dinner. Cit~ Council Minutes ~2 October 7, ~992 Councilmember Monia suggested writing a letter of appreciation to the other Fire Departments. He questioned the policy which addresses disclosing final actions in closed sessions and closed session minutes. City Attorney stated this has been reviewed and will be on the next agenda. Councilmember Monia also addressed the double yellow lines in front of the Sheriff's sub-station. City Engineer Perlin stated he has sent a letter to the Sheriff's Department asking that he advise his deputies of this problem. In response to Councilmember Monia's question, City Manager Peacock stated the City Council's decision was to continue sending the Council meeting agendas to all Planning Commissioners and commission chairs, but not to send the follow up memos. C. General Council Items 1) Discussion on Possible Development of a Commercial Property Maintenance Standards Ordinance and Enforcement Program Staff recommends that the City Council determine whether and when to direct staff to prepare a program/policy paper on such a program and ordinance. Mr. Jerry Kocir, 12855 Saratoga-Sunnyvale Rd., gave some background information relative to noise and machine operations at the Argonaut Shopping Center. He stated the problem is getting out of hand and City codes are being violated. He expressed concern about Safeway being opened 24 hours and trucks coming all hours of night and not abiding by the conditions of approval. This item was continued to the next meeting. 2) Commission Candidate Interview Process for Incumbent Commissioners - Burger This item was continued. 3) Further Discussion of City Response to Grand Jury Report - Kohler Councilmember Kohler noted he did agree to send the letter to the Grand Jury with a special request to explain recommendation #2. He stated this request is not in the letter and would either like to reconsider his vote or have the letter rewritten. He stated that the letter from Jeff Kalb should have been sent to the Grand Jury, but to expedite the meeting he agreed to sent the City's letter requesting the explanation of #2. He stated he would like a clear statement in the letter to the Grand Jury asking for an explanation. City Manager Peacock stated there is time to amend the letter if the Council so wish. The Council agreed that the City Manager should write a clarifying letter. 4) Other City Manager Peacock stated the Parks & Recreation Commission came to the conclusion that the bandstand at Wildwood Park needs to be repaired and stabilized. He noted they have a quote of $13,313 to repair it. BURGER/TUCKER MOVED TO PLACE AN EMERGENCY ITEM ON THE AGENDA REGARDING THE BANDSTAND AT WILDWOOD PARK. PASSED 5-0. BURGER/TUCKER MOVED TO APPROVE THE LIONSGATE CORPORATION'8 REBUILDING THE BANDST/~ND AT WILDWOOD PARK AT A COST OF $13,313. PASSED 5-0. City Council ainutes 13 October 7, 1992 10. IM~TOUI~D(ENT The meeting adjourned at 12:40 in memory of Admiral Edward s. Carmick, a distinguished Navy officer, teacher at San Jose State University, and Saratoga resident. 11. CLOSED SESSION on litigation in the case of Saratoga vs. Cocciardi Respectfully submitted, CatherineRobillard Minutes Clerk