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HomeMy WebLinkAbout10-21-1992 City Council Minutes MINUTES SI~TO~A CITY COUNCIL TIME: Wednesday, October 21, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Mayor Anderson noted she and Fire Chief Ernie Kraule attended a Fire Prevention Seminar. She noted they received many ideas to implement in Saratoga. She stated people from all over California attended this Seminar and it was a very worthwhile event. She noted a woman, whose husband was killed in the fire, spoke and gave everyone attending a daffodil, noting a daffodil came up in the spot were her husband died. She wanted to remind everyone that daffodils are for new life. Mayor Anderson stated she would like to plant this daffodil at City Hall as a symbol of Saratoga's Commitment to becoming a fire safe City. Mayor Anderson stated she would like to say the Pledge of Allegiance in the Memory of those who died in the Oakland fire. 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. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 10/6; 10/7 MONIA/KOHLER MOVED TO APPROVE THE MINUTES OF 10/6. Passed 5-0. Councilmember Burger made the following correction to the minutes of 10/7: Page 11, 2nd paragraph from bottom, "...will be..." should be changed to "...have been..." KOHLER/MONIA MOVED TO APPROVE THE MINUTES OF 10/7, AS CORRECTED. PASSED 5-0. B. Approval of Warrant List MONIA/BURGER 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 16. 4. CONSENT CALENDAR A. Planning Commission Actions, 10/14 - Noted and filed. B. Heritage Commission Minutes, 9/2; 9/16 - Noted and filed. C. Public Safety Commission Minutes, 10/12 - Noted and filed. D. (See below) E. l%mendment to Eakone Foundation Loan Agreement concerning Interest Rate F. Resolution 92-005.1amending CooperativeAgreement with Ca1 Trans for Saratoga-Sunnyvale Road Median Improvements, Capital Project No. 924 G. Resolution 91-46.14 amending budget to take account of State budget reductions H. Resolution 91-46.13 amending budget to fund an after- City Council Minutes 2 October 21, 1992 school Sports Program at Redwood School I. Resolution 91-46.15 amending budget to provide funds for bandstand in Wildwood Park approved 10/7 J. Adoption of CDBG County/City Contract for FY 1992-93 K. Quarterly Report from City Engineer on Departmental Operations - Continued to 11/4. Councilmember Monia requested the removal of item 4D. TUCKER/BURGER MOVED TO AppROVETHE CONSENT CALENDAR, WITH THEEXCEPTION OF 4D. PASSED D. Adoption of Family Leave Policy Councilmember Monia stated there needs to be clarification regarding the following paragraph "Family leave will not be granted for any period of time in which the child's other parent is also taking family care leave from employment or is unemployed." He stated this is in conflict with the policy. He stated it is not intended to mean an unemployed person who is ill. City Manager Peacock stated he will clarify this. MONIA/BURGER MOVED TO APPROVE ITEM 4D. PASSED 5. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mayor Anderson stated she received a phone call from Colonel Barco commending the Community Service Officers in pursuing the sign ordinance and also the clean up of trash on the property on Allendale. Mr. Jim Lavin, 15450 Pepper Ln., stated he received a letter from Lee Lesh of the International Consulting Arborist Inc. Mr. Lavin read the letter into the record and presented a copy to the Councilmembers. City Manager Peacock indicated a letter from Mayor Anderson had been sent to Mr. Lesh responding to his concern. Mr. Tom Reddick, 12389 Lerchmont Ave., expressed concern about the emergency station not being in working condition when Saratoga had the fire. He stated he was informed that emergencies can be signalled by handling the system manually. Mr. Reddick also expressed concern about the contamination of the Saratoga Creek and no response from staff. Mayor Anderson stated the Fire Chief informed her that the emergency system is fairly new and he has to familiarize himself with it. City Manager Peacock stated the station can be reprogrammed manually, but is designed to program automatically. He stated if there is an emergency it can be accessed through mobile phones by the fire or Sheriff's departments. He stated that City staff did discuss using it during the fire. Mr. Peacock stated there are certain people who are trained to use the system. He also noted he did meet with the Sheriff and Fire Departments to discuss the communications system. He stated the telephone system is being changed to prevent the kind of failure which occurred from happening again. Councilmember Burger stated this is a good'subject for a study session. Mayor Anderson stated there needs to be good communication as to who is responsible for certain actions. Councilmember Kohler expressed concern about the phone system going down. Staff should be trained to operate the system effectively. Mr. Jeff Schwartz stated the emergency system can be accessed from a command post if people remember to .use it. He stated the City should not rely on the phone system. City Council Minutes 3 October 21, 1992 Mr. Whetstone asked why he did not receive a response to his letter dated July 22 to the City Manager and also noted his letter to the City dated September 18 was also ignored. He expressed concern about children playing in the creek if it is contaminated. He expressed concern about the staff report regarding this matter, discussed at the last meeting. Mayor Anderson stated this matter will be on the next agenda. Mr. John Di Manto, 1210 Coleman, Santa Clara, representing San Jose Construction, noted he received notice regarding possible violation on how his project is being managed. He noted he did talk to the City Manager regarding this matter and also talked to Mr. Oncay. Mr. Di Manto stated he also talked to Mr. Riback who advised him to talk under Oral Communications. He stated the job has been cleaned up, but they do not have a trash bin. Mr. Di Manto also expressed concern about lumber being stored on Fourth Street. He stated they need the ability to store lumber adjacent to the project for a few weeks, they need a bin and also storage space. City Engineer Perlin stated he will be happy to meet with Mr. Di Manto and work something out. He feels this does not require a policy change. B. WRITTEN COMMUNICATIONS 1) Bill Liu, 20291 Merrick Lane, concerning racism in Saratoga Mr. Bill Liu, 20291 Merrick Ln., stated there are very few Asians who exercise their opinion at the City Council meetings. He expressed concern about the lack of Asian officers on the Police Force and tension between the Asian community and the police. He stated he would like the City Council to consider hiring an Asian Policy Officer who will be understanding in dealing with the Asian community. Mayor Anderson stated that Mr. Liu's concerns and suggestion will be forwarded to the Sheriff. Councilmember Monia stated the Sheriff should look into this matter. Councilmember Kohler stated that maybe an officer can be moved from another district to serve Saratoga, it would then not be necessary to hire an officer. Councilmember Burger stated the City does not have jurisdiction over the Sheriff's Department.. She stated the City has to be careful that this issue does not get blown out of proportion. She stated it is important to look at this issue from all sides. The City Manager was directed to communicate to Sheriff Gillingham regarding the desire to have an Asian deputy assigned to Saratoga if possible. 2) Memo from Planning Director concerning date and time for joint study session with Planning Commission There was a consensus of the Council to reschedule the joint study session with the Planning Commission to early December. Mayor Anderson stated she received a letter from Shirley Sisk, ABAG, asking for comments on ABAG's proposal for. regional government. The Council agreed to allow the person attending the meeting to comment based on the City's established position on regional government. 6. OLD BUSINESS A. Letter from Senior Programs Director concerning Request for Financial Assistance of $10,802.50 by West Valley College for Older Adult Classes (from 7/15 meeting) City Manager Peacock stated SASCC are offering to take this program over and staff supportthis. He noted it will be dropped from the City programs. City Courtoil Minutes 4 october 21, 1992 There was a consensus of the Council to accept SASCC's offer. B. Resolution aocepting offer of dedication of Pedestrian and Equestrian Easement at Saratoga countr~ Club (oontinued from 10/7) Staff recommends that the City Council 1) Adopt resolution; 2) Direct Parks and Recreation Commission to develop a standard trail development condition. City Manager Peacock presented the staff report dated October 21, 1992. Mr. William Brooks stated he is in support of the staff report and would encourage one more step on the check list. He suggested there be a policy requirement that each department notified of the application should respond in writing. He feels this will prevent any information being missed. City Manager Peacock spoke in favor of Mr. Brooks' suggestion and stated there should be a response from every agency. TUCKER/BURGER MOVED TO ADOPT RESOLUTION 92-069 ACCEPTING OFFER OF DEDICATION WITH THE ADDITIONAL CHECK LIST ITEM AS SUGGESTED BY MR. BROOKS. PA8SED 5-0. TUCKER/BURGER MOVED TO DIRECT PARKS AND RECREATION COMMISSION TO DEVELOP A STANDARD TRAIL DEVELOPMENT CONDITION. PASSED 5-0. C. Warner Hutton House Landscaping - Approval of plan and authorization to solicit bids Staff recommends that the City Council review and approve the final plan and authorize staff to solicit bids for the work. City Engineer Perlin presented the staff report dated October 21, 1992. He stated this was reviewed by the Heritage Commission who recommends Council approval. He stated the plan also has received Cal-Trans' approval of the State Historic Preservation Office. Mr. Jim Hemmann, Landscape Architect, stated this will be Queen Ann garden style and drought tolerant plants will be used. Mr. Hemmann went on the explain the planting and layoutof the garden. In response to Councilmember Tucker's question, Mr. Hemmann stated they are using the decomposed granite to keep the historical look of the site. In response to Councilmember Kohler's question, City Manager Peacock stated the Traffic Authority will pay for this after the bids are in. He stated the landscaping was in the agreement, but no dollar amount was specified. City Engineer Perlin stated this was not reviewed by the Planning Commission, but was reviewed by staff and disabled access will be provided. Councilmember Monia expressed concern about the entrance on Fruitvale and feels this will become a safety issue if parents stop to drop their children off. City Manager Peacock stated there is a drop off area planned in the City Hall parking lot beside the house. Councilmember Monia expressed concern about this not going through the Planning Commission and following City procedures. Mayor Anderson stated the meetings regarding this matter were open to the public. Councilmember Tucker stated it is her experience that the Planning Commission does refer to the Heritage Commission for comment. Councilmember Kohler stated the correct process should be followed and Commissions which the City Council appointed should be used. City Council Minutes 5 october 21t 1992 MONIA/KOHLER MOVED TO ACCEPT THE PLANS PENDING CONCURRENCE OF THE PLANNING COMMI8SION. PASSED 5-0. City Manager Peacock stated that staff did follow the proper procedure and sent it to the Commission they felt was appropriate. Mayor Anderson moved to the public hearings at this time. 8. PUBLIC HEARINGS - 8:30 p.m. A. Ordinance amending Section 16.20,310 of the Saratoga City Code to amend Section 79.709 of the 1991 Edition of the UniformFire Code concerning testing of underground storage tank piping (first reading and introduction) City Manager Peacock presented the staff report. He stated this is a public hearing to consider a specific technical change. Mr. Peacock reviewed the change as outlined in the staff report relating to inspection of underground storage tank piping. The public hearing was opened at 9:05 p.m. BURGER/ANDERSON MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0. KOHLER/TUCKER MOVED TO INTRODUCE THE ORDINANCE BY TITLE-ONLY, WAIVING FURTHER READING. PASSED 5-0. The Mayor then returned to Old Business. D. Discussion on Possible Development of a Commercial Property Maintenance Standards Ordinance and Enforcement Program (continued from 10/7) Staff reco. mmends that the City Council determine whether and when to direct staff to prepare a program/policy paper on such a program and ordinance. City Manager Peacock stated a memo has been prepared by the City Attorney outlining the existing ordinance and a proposed "Property Maintenance Ordinance". He stated although the Argonaut Shopping Center is in poor condition the ordinance is not geared to handle general lack of maintenance, but geared toward public health and safety. He stated the Property Maintenance Ordinance is an option the City Council can take to regulate general conditions of a commercial property. He stated staff is.concerned about the administrative effort to enforce the Ordinance and noted if the ordinance is to be successful it is important to enforce it. Mr. Peacock stated the City Council must consider that this will be a time consuming effort and additional work on the existing staff. Mr. Jerr~ Kocir, 12855 Saratoga-Sunnyvale Rd., addressed the City Engineer and told him to be careful as to what he presents to the Heritage Commission as they are very critical. Mr. Kocir expressed concern about trucks coming into the Argonaut Shopping Center causing traffic problems. He stated the trucks idle therefore causing pollution. He requested that a stop sign be placed at the entrance of the center at Safeway. He also expressed concern about noise from teenagers drinking and also the leaf blowers and street sweeping in early morning hours. Mayor Anderson stated she.did receive a Complaint from a store owner in the center about kids in the shopping center late at night. In response to Councilmember Monia~s question, City Manager Peacock stated the Use Permit is silent on the issue of 24 hour operation. He stated he has spoken to the Manager at Safeway who has restricted delivery between the hours of 5:30 a.m to 9:00 p.m. He stated the Property Maintenance Ordinance will not address Mr. Kocir's concerns. He stated the City staff needs to address those issues and contact the Sheriff~s Department. He noted staff can monitor the noise and will follow up on this. City Council Minutes 6 October 21, 1992 Councilmember Monia stated they need to have cooperation from Safeway and if the City does not get this they should contact their corporate headquarters. Councilmember Burger stated the trucks should use Blauer Street for entrance into the shopping center. Mayor Anderson stated staff should look at the possibility of prohibiting a left hand turn when leaving the center. Councilmember Burger stated the Property Management Ordinance should not apply to residential property. Councilmember Tucker concurred. Councilmember Monia stated this Property Maintenance Ordinance would be worthwhile to pursue, but agreed it should not apply to residential property. City Manager Peacock stated this would be in the Code Enforcement section of the City Code and would not relate to zoning. MONIA/BURGER MOVED TO DIRECT STAFF TO PROCEED WITH THE PROPERTY MAINTENANCE ORDINANCE TO EXCLUDE RESIDENTIAL PROPERTY AND HAVE A DRAFT PREPARED WITHIN TWO MONTHS. PASSED E. Bonnet Way Soundwall, Capital Project No. 9113 - Approval of final design and authorization to solicit bids Staff recommends that the City Council approve the final design and adopt a resolution authorizing staff to solicit informal bids for the project. City Engineer Perlin presented the staff report dated October 21, 1992. He stated if this is approved the Council should adopt the findings attached so bids can be limited to the four freeway contractors already working in Saratoga. The Councilmembers discussed the mix in textures seen by the community and commuters on the freeway. Mr. Perlin stated this was done to add to the design of the wall. Mr. Tom Foresight questioned the design of the wall. He stated the plans as shown are in conflict with the neighborhood's requests. City Engineer Perlin stated the plans are incorrect and will be reversed to address the neighborhood's request. Councilmember Burger suggested approving the design with'everything on the community side to be split face with some scoring as requested by the neighborhood. City Engineer concurred. BURGER/MONIA MOVED TO APPROVE THE DESIGN WITH THE UNDERETANDIN~ THAT ALL THE WALL FACING THE NEIGHBORHOOD IS SPLIT FACE WITH SOME 8CORING. PASSED 5-0. Mayor Anderson expressed concern about reflective noise from the freeway to other neighborhoods. Councilmember Tucker asked for. a reconsideration of the vote and also expressed concern about the reflective noise to other neighborhoods. The Councilmembers discussed the issue of reflective noise from this wall to adjoining neighborhoods. City Engineer Perlin did verify that there is less reflective noise from a split face wall.- City Manager Peacock stated this was discussed three years ago at the beginning of the process and all adjoining neighborhoods were involved. He also stated that vines will be planted inside the corridor and grow City Cotmcil Minutes 7 October 21# 1992 on the freeway side of the wall. Mr. Perlin stated if the Council wish to make a change he would suggest 'placing split face in the verticalsections. BURGER/MONIA MOVED TO DIRECT STAFF TO 8OLICIT BIDS AS RECOMMENDED BY STAFF. In response to Councilmember Monia's question, City Engineer Perlin stated there are several reasons to solicit bids to the existing freeway contractors: they have a competitive advantage; they have the necessary easement to do this work from the freeway side. He stated a different contractor would have to go through the process with Cal- Trans and the Railroad to acquire encroachment permits to work on their rights of way. The above motion was carried 5-0. F. Hakone Gardens Water System, Capital Project No. 981 - Award of Construction Contract City Engineer Perlin presented the staff report. He noted bids were opened yesterday and the lowest bidder was acompany from HayWard. He stated the bid was much lower than the next bid, and expressed concern about the bidder's ability to complete the project for the amount of the bid. He stated he would like to redesign the project to bring the costs down and open bids again. He requested that the City Council reject all bids and authorize staff to redesign the project. He feels there will be a saving of 25-30 percent if the project is redesigned. Mr. Perlin expressed concern about the alignment of the water main from the water tank down into the garden. Councilmember Kohler asked if there was any guarantee that the contractor must do the work specified in the agreement. City Engineer Perlin stated there is a performance bond put up. He further stated the reason for wanting to redesign the project is that he does not think the City's consulting engineer's estimate is correct. Mr. Tom Foresight stated he has had substantial experience in this line of work and noted that $30-$35 iS a low estimate for 6" PVC piping. He stated he would support the City Engineer's comments that $35 seems suspicious. MONIA/BURGER MOVED TO REJECT ALL BIDS, DIRECT STAFF TO REDESIGN AND SOLICIT NEW BIDS. PASSED 5-0. 7. NEW BUSINESS A. Revision of Criteria for Performing Arts Grants Staff recommends that the City Council approve staff recommendation and revised statement of policy and procedures. Ms. Carolyn King, Assistant to the City Manager, presented the staff report dated October 21, 1992. She stated staff is recommending that the proposal instructions be modi'fied to limit the grant application to a specific program or event in Saratoga which will be enjoyed by all of the community. She feels this would also be easier to work with. Mayor Anderson stated a non-profit organization should be involved. Councilmember Monia stated he would like to see how much of the funds are spent on administration. He stated he would fav6r an organization which is voluntary. He noted that most of the funds should go to the art as opposed to the administration. City Manager Peacock stated part of the standard submittal is a breakdown of an applicant's budget. Mayor Anderson suggested including the Silicon Valley Arts Fund and let them know what the City's process is for applying for grants. City Council. Minutes S October 21, 1992 Councilmember Tucker stated this organization is to help local arts. There was a consensus of the Council to make the changes recommended by staff. B. Resolution appointing City Council Representative to County Emergency Preparedness Council Staff recommends that the City Council appoint a member of the City Council by resolution. City Manager Peacock stated the Emergency Preparedness Council meets quarterly at midday at the County building. He stated a member of all Cities within the County will be on this Council. KOHLER/BURGER MOVED TO ADOPT RESOLUTION 92.051.1 APPOINTING COUNCILMEMBER KOHLER TO REPRESENT THE CITY OF SARATOGA. PASSED 5-0. C. Ordinance deletlng loadlng zone on Oak street at the Saratoga Elementary School (first reading and introduction) Staff recommends that the City Council introduce the ordinance by title only, waiving further reading. City Engineer Perlin presented the staff report dated October 21, 1992. Mayor Anderson expressed concern about people parking and no place to unload. She stated the school wants to legalize violations which are currently taking place. City Manager feels the parents have a legitimate concern as they have to take kindergarten children into the classroom and so far the school has failed to deal with this issue. Mayor Anderson feels this will create further traffic hazards. City Engineer Perlin stated this change has already been made and they have experienced no problems. He noted all parties involved are in support of the change. Normally such a change would not have been brought to the Council, but the current regulations were adopted by ordinance, so a permanent change must be made by Council. Mayor Anderson suggested getting an update before a final decision is made. Councilmember Tucker stated the City should move forward with this and if a problem occurs deal with it then. BURGER/KOHLER MOVED TO INTRODUCE BY TITLE ONLY, WAIING FURTHER READING, AN ORDINANCE DELETING THE LOADING 2ONE ON OAK STREET AT THE SARATOGA ELEMENTARY SCHOOL. PASSED 5-0. D. Resolution establishing Policy of Taking Minutes of Closed Sessions of Council Councilmember Monia stated that final actions should be recorded. City Attorney Riback stated this can be included in the resolution if the Council so desires. City Manager Peacock stated this is an issue of timing. He stated all final decisions come on the next agenda and are confirmed at that meeting. City Attorney Riback stated that final actions should be made public when the paper work is complete or at the next Council meeting. Mr. Peacock stated the minutes will be kept and can be reviewed at the following closed session. He stated when a vote is taken in a closed session it is recognized as a final decision. city Attorney Riback stated he would prefer any final action not be disclosed until the next Council meeting. City Council ainutee 9 October 21# X992 NONIA/TUCKER HOVED TO APPROVE RESOLUTION 92-071 ESTABLISHING POLICY OF TAKING MINUTES OF CLOSED SESSIONS OF COUNCIL. PASSED 5-0. E. Memo Authorizing Publicity for Upcoming Hearings - Political Sign Ordinance; Head General Plan and Zoning Change City Manager Peacock stated there is a request to continue the Head General Plan and Zoning Change as well as the appeal for denial of a subdivision on Quito Road. Councilmember Monia stated the Council needs to discuss commercial needs within the City and noted this should be discussed at the joint meeting with the Planning Commission. 9. CITY COUNCIL ITEM A. Oral Communications (continued) and response from City Council, if necessaz7 - None. 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 Tucker noted she has a scheduling conflict with Hakone Foundation and the HCD Policy Committee. Councilmember Tucker noted the City has been asked by the Santa Clara County Cities Association to take a position on whether to endorse or not endorse the Silicon Valley Arts Fund. Mayor Anderson stated this is a worthwhile organization. Councilmember Burger suggested putting this on a future agenda. Councilmember Tucker noted the Strategic Vision was discussed at SCCCA meeting and reports will be submitted. Councilmember Burger reported on the Senior Coordinating Committee. She reported on the endowment fund. She also reported on the West Valley Sanitation District. Councilmember Burger apologized to the Council for not yet submitting reports of the California League of Cities Conference. Councilmember Monia reported on Cable T.V. He noted there is a new President and Vice President. Mayor Anderson reported on the Transportation Committee. She noted they discussed service cuts. ABAG discussed fire safety, noting the Cities must be aggressive. C. General Councll Items 1) Agenda items for joint meeting with Parks and Recreation Commission 10/27 Staff recommends that the City Council reschedule to 1/12/93 (see memo from Maintenance Director) City Council Ninutes 10 October 2X, X992 2) Proposal for Consolidation of Commission Term Expiration Dates (continued from 10/7)# including Commission Candidate Interview Process for Inc-mhent Commissioners - Burger (continued from 10/7) Staff recommends that the City Council discuss whether to change current policies. City Manager Peacock presented the staff report dated October 7, 1992. He stated that staff can present to the Council a list of applicants which are on file. The Council can choose from these or re-advertise. Councilmember Monia noted he concurs with the staff suggestion and feels there will be a lot of turnover. He suggested that if a resignation occurs two months prior to the next appointment, it should be left vacant until the appointment. MONIA/BURGER MOVED TO ACCEPT THE PROPOSAL FOR CONSOLIDATING EXPIRATION DATES. PASSED 5-0. The Council now discussed the interview process for incumbent Commissioners. Councilmember Burger stated the current Planning Commissioners were embarrassed, as seated commissioners, to go through interviews with candidates not Seated. She suggested returning to the previous policy. Council'member Monia stated the previous policy allows Commissioners to stay on the Commission if they so wish. Councilmember Burger expressed concern about interviews being a waste of time for new Commission applicants if existing Commissioners will be re-appointed. Mayor Anderson suggested having incumbents apply, but do not have to go through the interview process. Councilmember Kohler stated all Commissioners should submit an application and then decisions should be made. He was afraid that if they are not interviewed, others will think that they are not going to be equally considered. Councilmember Burger stated vacancies should always be advertised and interviews held, but seated Commissioners should have the option to be interviewed or not. Mayor Anderson concurred. Councilmember Burger stated it is her attempt to streamline and improve the system. TUCKER/BURGER MOVED TO ALLOW SEATED COMMISSIONERS TO HAVE THE OPTION OF AN INTERVIEW. PASSED 4-0-1 (Monia abstain). 3) city council Expense Reimbursement Policy Councilmember Monia noted he met with Mr. Peacock to discuss the stipend. Mr. Monia reviewed the Policy for Conference and Meeting Expense reimbursement as outlined in the staff report. Mayor Anderson stated expense reimbursement should refer to out of County. She stated she goes to many meetings outside the County which are less than 100 miles. In response to Mayor Andersonts question City Manager Peacock stated that the issue is, the policy adopted never defined what a stipend is and the Council need to do this. He stated if City Councilmembers are on official business they.will be paid if the particular agency attended does not give a stipend according to the current policy. Mayor Anderson spoke in favor of a modification. She suggested the stipend include all travel expenses outside the County. She also suggested that meetings for which the member of the City Council is paid to attend by the sponsoring agency, regardless of where, shall not City Council Minutes 11 october 21, 1992 be.reimbursed. Councilmember Monia spoke in favor of using mileage as a criterion. Mayor Anderson suggested a radius of 20 miles. MONIA/KONLER MOVED TO APPROVE THAT THE FIRST 50 MILE8 PER DAY BE EXCLUDED FROM THE EXPENSE ALLOWANCE AND IE CONSIDERED PANT OF THE STIPEND. FAILED 2-3 (Anderson# Tucker, Burger No) KOHLER/MONIA MOVED TO APPROVE A 30 MILE RADIUS FOR THE EXPENSE ALLOWANCE CRITERIA. City Manager Peacock stated the only application to the "within County exception" relates to meetings which Councilmembers are not appointed delegates by resolution. He stated it does not matter where the meetings are; if the person is representing the City Council the City now pays for expenses. The above motion failed 2-3 (Anderson, Tucker, Burger No). TUCKER/BURGER MOVED TO USE OUT OF COUNTY AS CRITERIA FOR THE EXPENSE ALLOWANCE. PASSED 3-2 (Monia, Kohler No). MONIA/ANDERSON MOVED TO APPROVE THAT MEETINGS FOR WHICH THE MEMBER OF THE CITY COUNCIL IS PAID TO ATTEND BY THE SPONSORING AGENCY WILL NOT BE REIMBURSED. PASSED 4) Other City Attorney Riback requested an item be placed on the agenda as an emergency item. The matter involves a request that the City participate in an amicus in a zoning case. He stated this is of Statewide importance. BURGER/TUCKER MOVED TO PLACE THE CITY ATTORNEY'SHEQUEST ON THE AGENDA. PASSED 5-0. City Attorney Riback stated this involves a provision in State law which limits a water agency, in this case East Bay MUD, from being able to construct a facility within the City limits without adhering to city rules and regulations. He noted current State law says only when the facility is for water transportation purposes can they avoid the City laws. He stated East Bay MUD wants to construct a corporation yard in the City limits of lafayette and has challenged this particular Statute. Mr. Riback stated the City of lafayette is asking for an amicus to support their position. He noted there will be no cost to the City. There was a consensus of the Council to participate in an amicus and support the City of lafayette. 10. ADJOURNMENT The meeting adjourned at 11:55 p.m. to a closed session and then to October 27 at 7:30 p.m. 11. CLOSED SESSION on salary negotiations for City Manager Respectfully Submitted, Catherine M. Robillard Minutes Clerk