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HomeMy WebLinkAbout11-18-1992 City Council Minutes MINUTES SARATOGA.CITY COUNCIL TIME: Wednesday, November 18, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Burger, Kohler, Monia, Tucker, Mayor Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Environmental Programs Manager Gloege. 2. CEREMONIAL ITEM8 A. Proclamation on National Philanthropy Day B. Presentation of Book from sister City Visit - Councilmember Burger Councilmember Burger noted while visiting the Sister City in Japan she received a book on pottery and some of the pottery work is displayed at Montalvo. She presented this book to the City. 3. ROUTIRE MATTERS A. Approval of Minutes - 10/31~ 11/4 KOHLER/MON~A MOVED TO APPROVE THE MINUTES OF 10/31, AS PRESENTED. PASSED 5-0. KORLER/MONIA MOVED TO APPROVE THE MINUTES OF 11/4, 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 November 13. 4. CONSENT CALENDAR A. Planning Commission Actions, 11/10 - Noted and filed. B. Youth CommisSion Minutes, 9/14 - Noted and filed. C. Library Commission Minutes, 9/23 - Noted and filed. D. Ordinance providing for consolidation of expiration dates of commission terms (first reading and introduction) E. Ord. 71.114 deleting loading zone on Oak St. at the Saratoga Elementary School (second reading and adoption) and Res. MV-207 establishing 5-minute parking time limit area along Oak St. adjacent to. saratoga Elemental-f School F. Hakone Foundation Receipts - 10/1/92-11/1/92 BURGER/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS' Mr. Thomas Reddick, 12389 Larchmont Ave., addressed the article in the Saratoga News regarding the recall petition. He expressed concern about certain forms being held at City Hall. He stated that the Council should remain neutral regarding elections. City Council Minutes 2 November 18, 1992 City Manager Peacock stated the City Clerk's office does have forms.for anyone who wants to withdraw names from the recall petition. He stated the forms are obtained from the County Registrar of Voters. Mr. Peacock noted the recall petition must be circulated by the petitioners. Mr. Lou Thorpe, speaking on behalf of Nancy McKereghan, stated it is his understanding that the City has a policy to remain neutral on political matters. He stated the City is in direct violation of the policy when they provide the forms to withdraw names from the recall petition. City Attorney Riback stated the forms are prepared by the County Registrar of Voters and as official documents they may be maintained by the City. Mr. Riback also explained the legal description of the form. Mr. Thorpe questioned how many other forms put out by the Registrar of Voters can be obtained from City Hall. Mayor Anderson stated that the meeting will be continued at this time and Mr. Thorpets concerns will be addressed at the end of the meeting. B. WRITTEN COMMUNICATIONS 1) Memo from Libral7 Commission concerning 'Library EXpansion Survey MONIA/KOHLER MOVED TO RECEIVE AND FILE. PASSED 5-0. OLD BUSINESS B. Notice of Closed Session Decision on the Compensation of the City Manager - Receive and file (continued from 11/4) Councilmember Kohler stated he clearly understood that the rate increase would be 4.8 percent. He stated he never approved of allowing the use of the secretary for the City Manager's personal typing. Mayor Anderson stated there has been a proposal from the City Manager for a 5.2 percent raise and he would not use the secretary for his personal typing. Councilmember Burger stated there was a majority vote of the Council to approve secretarial services to complete the City Manager's thesis. She stated this was discussed in closed session. Councilmember Monia noted he did vote against this in closed session. He questioned taking action on the City Manager's proposal. City Attorney Riback stated the Council can only vote on the action taken in closed session. He suggested the Council meet in closed session to discuss any modifications to the proposal. MONIA/KOHLER MOVED TO TABLE THIS ITEM. PASSED 5-0. C. Settlement Agreement - City of Saratoga vs. cocciardi, et al. Staff recommends that the City Council receive and make part of the public record. MONIA/TUCKER MOVED TO RECEIVE AND MAKE PART OF THE PUBLIC RECORD. PASSED 5-0. D. Quarterly Report from City Engineer on Departmental Operations (continued from 11/4) TUCKER/MONIA MOVED TO APPROVE THE QUARTERLY REPORT FROM THE CITY ENGINEER ON DEPARTMENTAL OPERATIONS. PASSED 5-0. City Council Minutes 3 November 18, 1992 7. NEW BUSINESS A. Policy Development Calendar for 1993 Staff recommends that the City Council review the draft calendar and approve as submitted. MONIA/TUCKER MOVED TO APPROVE THE POLICY D~v~OPMENTCALENDARFOR 1993. PASSED 5-0. B. City Council 1993 Meeting Master Calendar Staff recommends that the City Council review the Master Calendar and approve as submitted. BURGER/TUCKER MOVED TO APPROVE THE CITY COUNCIL 1993 MEETING MASTER CALENDAR. PASSED 5-0. In response to Councilmember Monia~s question, City Manager Peacock stated it has been the Council~s practice to schedule two meetings for August and then cancel one when the time gets closer. Mayor Anderson moved to City Council items at this time. 9. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HOD 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 reported on the Santa Clara County Cities Association meeting. She announced Mayor Anderson was appointed to ABAG Board of Directors. Councilmember Tucker also reported on the Traffic Authority Policy Advisory Board meeting. She stated they are asking the City to consider approving spending an additional $300,000 by the Traffic Authority now in order to save $25 million in the Measure A+ Program. She explained this with regards to current Measure A funding. City Manager Peacock stated, although Measure A+ was passed by the voters, there is the possibility of a legal challenge. He also noted the tax measure will not go into affect until 1995 so any decisions made have to be conditional upon money which has not yet been committed. Me stated he will have documents for the Council to review and suggested having the Traffic Authority.attend a meeting to explain procedures etc. Mayor Anderson reported on the Sister City Committee. She also noted' the Schools Resource Officer Advisory Group needs a volunteer City Councilmember. Councilmember Monia volunteered to attend the meetings. C. General Council Items 1) Consideration of Membership in Natlonal League of Cities City Council Hinutes 4 November XS, 1992 Mayor Anderson noted she received the membership proposal in the mail and a half price membership is being offered. She noted the League does provide services in the form of lobbyists. Councilmember Kohler stated that the membership is not necessar~ at this time. Councilmember Burger stated the more information the City receives from both the national and state levels the more informed the City will be. Councilmember Tucker concurred. BURGER/TUCKER MOVED TO APPROVE MEMBERSHIP IN THE NATIONAL LEAQUE OF CITIES IN THE AMOUNT OF $604.50. PASSED 3-2 (Monia, Kohler No). Mayor Anderson stated the membership can always be withdrawn if it does not prove worthwhile. 2) Interview Schedule for Commission Applicants City Manager Peacock reviewed the alternative dates as outlined in the staff report. It 'was a consensus of the Council to schedule the interviews for December 2 and December 16 at 6 p.m. 6. A. Saratoga Creek Water Quality - Report from Environmental Programs Manager Ms. Gloege presented the staff report dated November 18, 1992. She outlined the City's response plan of action to be taken tomaintain and improve the overall water guality in the creek. She noted she attended a meeting with personnel from the Fire Department, Sheriff's Department and various City Departments and the proposed plan is consistent with what is expected. Mayor Anderson informed the public that it is important to call 911 if something suspicious is seen in the creek.- She noted the Fire Department will take action and inform the City. In response to Councilmember Kohler's guestion, Ms. Gloege stated she has partial results of the water samples taken, but complete results will be available at the next Council meeting. She also explained the procedure the City will follow if pollutants are detected in the samples already taken by the City. Councilmember Monia expressed concern about the pollutants affecting the habitat in the creek and pollution in the sediment. He stated it iS very important that the City identify if the creek has been contaminated. He noted the source of pollution needs to be found and identified. Mr. Peacock stated a sediment analysis will be part of a'regional program. In response to Councilmember Monia's guestions, Mr. Peacock stated sampling the sediment is not part of the City's requirements under the permit. Mr. Peacock addressed the Non Point Source Pollution Program annual report as to what has been happening in the past and what will happen in the future. Mr. KeithWhitman, Program Manager, Santa Clara Valley Non Point Source Pollution Program, stated there are two aspects to the program: 1. Area Wide; 2. Community Specific. He stated on the area wide basis both the water and sediment is being monitored. He stated the main focus is for the City to demonstrate that they are doing what they can to eliminate illegal dumping. Mr. Whitman addressed the annual report noting the illegal dumping investigations. In response to Councilmember Kohler's guestion regarding hea%~y metal pollutants, Mr. Whitman explained the process which would be followed to detect these metals. He informed the Council that on December 1st City Council Hinutes 5 November 18, 1992 the program will be filed with a regional board which will be addressing specifically where the pollutants are coming from. Councilmember Monia stated the City should focus on their compliance for meeting the regulations of the permit and what the City is actually- doing about known pollutants in the creek. Councilmember Tucker pointed out that she did walk along the creek and there were fish in the creek and the vegetation is green. Mr. Don Whetstone, 14768 Vickery Ave., invited the Councilmembers to look at photos of the creek which are in the lobby. He stated there is massive growth which is abnormal. Mr. Whetstone expressed concern about sewer out falls. He stated there have been discharges in the creek over the last 18 months and expressed concern about the lack of supervision. He stated the wildlife in the area depend on the creek for their existence. Mayor Anderson stated the increased awareness of the public has been helpful. Mr. Whetstone noted he walked along the creek with Dr. Bernard and many objects have been dumped in the creek. 8, PUBLIC HEARINGS - 8~30 p.m. a. Appeal of denial of tentative map approval to create five separate parcels accessing Qulto Road via a short cul-de- sac out of two existing parcels totalling approximately 3.1 acres in gross site area at 13686 Quito Road in the R-1- 10,000 zone district (Applicant-appellant, Franklin)(SD91- 006) (continued from 11/4) Planning Director Curtis presented the staff report dated November 18, 1992. He stated staff recommends that the City Council uphold the Planning Commission~s denial. He noted if a fee title is required the application should be denied and if an easement is required the application should go back before the Planning Commission for additional review. Ms. Sue Tippets, Project Engineer, Design Coordination Division, Santa Clara Valley Water District, stated the proposal to the City is to place the fencing along the creek. She noted placing the fence on the easement line protects the area so access can be obtained. She noted the Water District can not require a dedication of right-of-way so they rely on the Cities for this so the District can maintain facilities. She stated the District requests a fee title for major subdivisions and an easement for a single family home. Mayor Anderson opened the public hearing at 8:51 p.m. Mr. Terry Szewcyk, Nowack Associates, stated the policy regarding fee title vs. an easement for the Water District purposes is not clear. Mr. Szewcyk addressed his letter dated November 13, 1992 and reviewed the main concerns. He stated the policy is unclear based on past practices. Mayor Anderson closed the public hearing at 8:55 p.m. Mayor Anderson expressed concern about h0meowners encroaching on the Water District~s easement. She stated if fencing is required on the easement line, this will make the lots smaller, thus making them substandard and unuseable. She expressed concern about small lots being built on and noted emergency vehicles need to be able to use the access roads. Councilmember Burger stated she did walk the site and it is a difficult situation because of the easements required. She stated the applicant is requesting approval on a tentative map which does not conform and would support the Planning Commission~s decision. City Council Minutes 6 November 18, 1992 Councilmember Monia stated the main problem is with lot #2, but does concur with Councilmember Burger. MONIA/KOHLER MOVED TO UPHOLDTHE PLANNING COMMISSION~S DECISION TO DENY TENTATIVE MAP #92-006. PAS8ED ~-0. City Attorney Riback asked for a verification on the policy the Council is establishing. MONIA/KOHLEH MOVED THAT THE CITY COUNCIL, AS A GENERAL POLICY STATEMENT, MAKE IT KNOWNTHAT ON MAJOR SUBDIVISIONS, FIVE OR MORE LOTS, THE CITY SHOULD SEEK FEE TITLE AND SUBDIVISIONS LESS THAN FIVE IT I8 STRONGLY HECOMMENEED. PASSED B. Resolution amending the General Plan designation for APN 386-14-026 (18805 COX Avenue) from Commercial to Professional and Ordinance amending the Zoning Map from Commercial-Neighborhood (C-N) to Professional and Administrative (P-A) offices to provide consistency between the City~s land use designation for this property and the existing office building development, with the associated Negative Declaration (GPA 92-001~ AZO 92-004) (Applicant, Head etal.) (continued from 11/4) Planning Director Curtis presented the staff report dated November 18, 1992. He stated the main issue is that for this zoning district to allow a medical office facility a conditional use permit is required. He noted that parking requirements are the same for both zoning distrigts. Mr. Curtis reviewed staff~s analysis to approve the zoning change, as outlined in the staff report. Mayor Anderson opened the public hearing at 9:12 p.m. Mr. Stan Atwood, 160 W. Santa Clara Street, San Jose, stated the building is 100 percent occupied. He stated the property owners have entered into a lease with a tenant who was required to receive Conditional Use Permit and this is a matter of urgency. He stated he has owned the building for approximately 12 years and when he purchased the property there was an existing medical suite. He stated he inquired with the City as to what uses were allowed. He stated the change in zoning will not affect the parking requirements. He noted there will be no loss in commercial as the building was never intended for commercial. Ms. Loma Stuart, Manager of the Quito Courtyard Office, ~stated there is .an existing parking problem and expressed concern about this situation getting worse if the zoning change is granted. She noted only 31 percent of the building she manages is occupied. She stated it was her understanding that the entire site was zoned to prohibit medical facilities. City Attorney Riback reiterated that a medical facility is allowed if the tenant obtains a conditional use permit. Councilmember Monia asked why the zoning was changed in 1989. Planning Director Curtis stated the amendment to the Commercial zoning ordinance in 1989, requiring conditional use permits for medical facilities, was seen as a means to promote retail commercial uses. He noted the amendments applied to the City as a whole. Ms. Kathy McG01drick, 12860 Paseo Presada, stated it is unfortunate that the Planning Commission did not contact the homeowners in the neighborhood before making any decisions. She also expressed concern about the lack of publication for this item. Ms. McGoldrick also expressed concern about potential traffic problems. Ms. Laurie Doss, 12884 Paseo Presada, expressed concern about safety. She noted the building is occupied more in the summer, thus causing more traffic problems. She also expressed concern about street maintenance. Ms. Doss stated there has been an increase in traffic City Council Minutes 7 November 18, 1992 over the last eight years and parking is a problem. Ms. Delor Sanfilippo, 18805 Cox Ave., stated these two buildings were not built at the same time. Ms. Sanfilippo gave some history of the two buildings and the site. She stated it was her belief that both buildings would be denied medical use. Ms. Sanfilippo presented copies of the design review application to the Councilmembers and addressed this in relationship to parking. She noted both buildings were to be professional administrative offices. Ms. Sanfilippo also presented copies of the cross easements and rights between two parcels of land in common ownership to the Councilmembers. Councilmember Kohler stated the history of these buildings should' be addressed by staff. He feels more information is needed before a decision can be made. Dr. Head stated there are eight other doctors residing in this building and the request for the zoning change is to bring the existing building and uses into conformance with the City's ordinance. He noted any documents he has seen, the zoning district is PA. Mr. Atwood stated when they purchased the building they met with staff to determine that the existing tenants were approved. He stated there have always been doctors and dentists in this building. He stated the traffic pattern, highway 85 etc., are not the issues at this hearing. Ms. Sanfilippo stated if this is approved, parking does become an issue. Mayor Anderson closed the public hearing at 9:48 p.m. City Attorney Riback verified that prior to 1989 medical use was a permitted use. Councilmember Monia stated by changing the zoning they lose the option to control traffic by requiring a conditional use permit. Mayor Anderson stated the change in the zoning in 1989 was to improve the commercial activfty in the City as a whole. She noted this building was never considered commercial. In response to Councilmember Monia's question, Mr. Curtis stated Neighborhood/Commercial zoning is to provide services to neighborhoods. Councilmember Burger stated the zoning change made in 1989 was specifically aimed at the village area. She stated there is an assumption that there is going to be an intensity in use or a change in the traffic patten if the zoning is changed. She does not agree with this assumption. Ms. Burger feels that PA zoning is a more appropriate use for this building. She stated traffic is a separate issue and should be dealt with through the Public Safety Commission. She would urge this be done. Councilmember Tucker noted she did visit the site and counted 35 empty parking spaces. She noted she would support the request for a zoning change because the building is not conducive to commercial and there is no difference in the parking requirement. Councilmember Kohler stated if the neighbors complain about traffic it should be considered. He noted he feels.strongly about denying the zoning change. Mr. Kohler stated if the nature of the business is changed the traffic will change and therefore impact the neighborhood. Dr. Head stated he would support street changes and maintenance as requested by the neighbors, but would not get personally involved. Mayor Anderson expressed concern about the neighborhood's problems. She encouraged the neighbors to work with the Public Safety Commission. BURGER/TUCKER MOVED TO APPROVE A NEGATIVE DECLARATION. Councilmember Monia stated he would not support the zoning change City Council Minutes 8 November 18, 1992r because the City is aware of a traffic problem and this should be addressed. He stated he does not want to give up the flexibility of using the conditional use permit to control the traffic. He spoke in support of the conditional use permit. Councilmember Kohler feels it would be a mistake to change the General Plan for this property. He stated the City should listen to the. concerns of the neighbors. In response to Councilmembers' concerns, Mr. Curtis stated the process for a conditional use permit takes approximately 4 months and costs $1000. The above motion was carried 3-2 (Kohler, Monla No). BURGER/TUCKER MOVED TO APPROVE Resolutlon 92-074 for General Plan Amendment 92-001. PASSED 3-2 (Kohler, Monia No). BURGER/TUCKER MOVED TO INTRODUCE THE ORDINANCE. PASSED 3-2 (Kohler, Monia No) City Manager Peacock suggested that the City Engineer examine the circulation problem addressed by the neighbors. and make a recommendation to be discussed in a Public Safety Commission meeting. BURGER/TUCKER MOVED THAT TRAFFIC REGULATION PROBLEMS BE REFERRED TO THE CITY ENGINEER AND PRESENTED TO THE PUBLIC SAFETY COMMISSION WITH NEIGHBORS BEING INVITED TO ATTEND. PASSED 5-0. C. Change in garbage rate to increase the per can rate for regular curbside pickup per can by an amount of $0.53 or $0.93, depending on whether the rate goes into effect in December 1992 or March 1993t for all non hard to serve residential areas of the City and decrease the' rates for hard to serve areas by $4.67 or $4.27 respectively for the same implementation dates. City Manager Peacock presented the staff report dated November 18, 1992. He noted the letter received from Maraia Fariss, President, Saratoga Woods Park Homeowners Association, should be made part of the record. Mayor Anderson opened the public hearing at 10:40 p.m. Ms. Roberta Worden, 14204 Squirrel Hollow Lane, stated the people living in the hillsides are paying too much, but does not want the flat land rates increased to cover their costs. Mr..Aaron L. Katz, P.O.Box 116, stated the problem is with Green Valley and not with the people in the flat lands and hillside areas. He stated Green Valley use the same trucks for the hillsides as they do for the flat lands. He stated the rates are discriminatory and should be the same for all residents. He stated the Sanitary District is not part of the City, therefore citizens must comply, but the City can control the costs Green Valley impose. He stated the rates should be retroactive if they are changed. He suggested the City investigate the fees Green Valley charges. Ms. Evelyn Johnson, 19375 Portos Ct., concurred with Mr. Katz regarding the investigation, but stated the City should not put the burden on the people living in the flat lands. Mr. Robert Johnson, 19375 Portos Ct., stated ifit costs more to serve the hard-to-serve areas, then they should be charged more. He stated he cleans up property on Saratoga Ave., which fronts his house, with no help from Green Valley or the City. Mr. Ed Ebejer, 12658 Kane Drive, stated that the people who live in the flat lands should not have to pay for the people in the hillsides. Mayor Anderson closed the public hearing at 10:48 p.m. City Council Ninutes 9 November 18, 1992 TUCKER/BURGER MOVEDTO CONTINUE WITH THE EXIBTING POLICY. Councilmember Tucker stated she received several calls in opposition of the rate increase. She stated people live in the hillsides by choice. Councilmember Monia expressed concern about potential problems with cable regarding hard-to-serve areas. Councilmember Kohler stated that cable is not a basic need and garbage pick-up is. Me stated many retired people live in the hillsides and struggle to pay bills. He feels many of the hard-to-serve areas are easier to serve because the garbage is taken to a common area. He stated there is no justification for a 40 percent rate difference. Mayor Anderson noted she did not receive any calls from people living in the hillsides, but did receive calls from people living in the flat lands, opposing the rate increase. She stated they should have an adequate audit done with Green Valley and they should define the hard- to-serve areas and why it costs more to serve. .She feels living in the hillsides is an option and would support the motion. City Manager Peacock stated if the Council continue the existing policy an independent analysis of Green Valley will be conducted. He also noted that part of the performance audit will be to determine the different rates. The above motion was carried 4-1 (Kohler No). TUCKER/MONIA MOVED TO HAVE AN INDEPENDENT AUDIT TO DETERMINE IF DIFFEKENTIALRATESAREPROPERLY DEFINED ANDTONEDEFINETHE BOUNDARIES. PASSED 5-0. City Manager Peacock stated the City has a 20 year franchise with Green Valley and this was entered into in 1983 with the four surrounding cities. Mr. Peacock explained the system the City is currently operating under. D. Ordinance amending Section 15-30.160 (h) of the City Code relating to time limit for erection and removal of temporary political signs, with the associated Negative Declaration (AZO 92-005) (first reading and introduction) City Attorney Riback stated he has prepared an ordinance which was forwarded to the Planning Commission. He noted the Planning Commission held a hearing in October and unanimously approved the ordinance which deletes the 45 day limit. Mayor Anderson opened the public hearing at 11:12 p.m. Mayor Anderson closed the public hearing at 11:12 p.m. MONIA/KOHLER MOVED TO APPROVE THE ORDINANCE AMENDING SECTION 15- 30.160(B) OF THE CITY OF SARATOGA~ PASSED 3-2 (Burger, Tucker No). Councilmember Tucker feels this is a fairness issue. She stated the majority of citizens do not want to see political signs up two years before' the election. Councilmember Burger concurred. City Manager Peacock stated the City Clerk's office has a difficult time when State or National elections take place. He stated there is an administrative problem when trying to find people to take the signs down. He suggested that people putting up political signs register with the City Clerk, at no cost. He noted he has asked the City Attorney to look into the legal aspects of this. E. Ordinance adding Article 15-47 to the City Code to establish a Water Efficient Landscape Ordinance relating City Council Minutes 10 November 18, 1992 to the design, installation and efficiency of landscapes, with the associated Negative Declaration (ASO 92-005) (first reading and introduction) Planning Director Curtis introduced George White, noting he was recently promoted to Associate Planner. Associate Planner White presented the staff report dated November 18, 1992. He stated the draft of the proposed Water Efficient Landscape Ordinance was received by the Planning Commission who recommended that the City Council adopt the Ordinance. City Manager Peacock addressed an inconsistency with the current ordinance relating to the hours for landscape irrigation. He stated in order to respond to residents concerns the City Council has established, in the past, hours between 10 a.m. - 6 p.m. Mayor Anderson stated the City should have a set period of time. Councilmember Monia stated he views this ordinance as an overall plan regardless of which season it is. City Attorney Riback suggested adding the following sentence: "Landscape irrigation should be limited to those hours established from time to time by the City Council." Mayor Anderson opened the public hearing at 11:26 p.m. Mayor Anderson closed the public hearing at 11:26 p.m. MONIA/BURGER MOVED TO ADOPT THE WATER EFFICIENT LANDSCAPE ORDII~ANCE WITH THE MODIFICATION AS SUGGESTED BY THE CITY ATTORNEY. PASSED MONIA/KOHLER MOVED TO APPROVE A NEGATIVE DECLARATION. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Oral CommUniCations (continued) and response from City Council, if necessary The Council continued discussion on item 6A. Councilmember Monia requested the following information: 1. Where does the City stand with protocols? 2. Information regarding training of staff when dealing with hazardous materials. 3. City response to the letter. from the regional board. City Manager Peacock stated the letter will be responded to at the end of the week. He noted he received, from the Non Point Source Pollution Program, a manual which deals. with best management practices. He stated the permit does not require sediment sampling as this is done regionally. Me stated part of the staff report is a recommendation that the City require four more 'sampling kits two of which will be given to the fire department. Also to arrange for the lab to train fire personnel to use the proper techniques when gathering samples. In response to Councilmember Monia's concerns, Mr. Peacock stated he will have the Maintenance Director put together a list of what training staff has undertaken. He noted safety training is done on a regular basis. He stated there are new regulations and staff is dealing with these as best they can. Councilmember Monia suggested an independent contractor come in to make sure the procedure the City is following is correct and up-to-date. In response to Councilmember Kohler's question regarding a response team, Mr. Peacock stated the Fire Protection Agency will respond to any concerns then notify the City. City Council Minutes 11 November 18, 1992 Mayor Anderson stated if citizens see any illegal dumping or discharge they should call 911. City Manager Peacock stated there will be an article in the newsletter outlining the procedure to follow and the questions. the 911 dispatcher will ask. The Councilmembers continued discussions under oral communications at this time. Regarding the issue of forms the City Hall stocks, Mr. Peacock stated a number of documents are kept by the City. With regards to the form addressed by Mr. Reddick, Mr. Peacock stated staff called the Registrar of Voters to inquire about the form. He noted several copies of the form were sent to the City and they are available to the public. He stated the recall petition was submitted and approved by the City Clerk's Office, but they are not circulating the petition at City Hall. He stated the Election Code is very specific with regards to the recall petition. In response to Mr. Reddick's concerns, Mr. Peacock stated there are many forms City Hall has which are not displayed on the counter, but are available to the public on request. 10. CLOSED SESSION - None scheduled. 11. ADJOURNMENT The meeting adjourned at 11:50 p.m. Respectfully submitted, Catherine M. Robil~r~ Minutes Clerk