HomeMy WebLinkAbout12-02-1992 City Council Minutes MInuTES
SARATOGA CITY COUNCIL
TIME: Wednesday, December 2, 1992
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
Interviews with Finance Committee and Public Safety COmmiSSiOn-
Applicants
Council Office
Councilmembers Burger, Tucker and Mayor Anderson were present. City
Manager Peacock was also present.
Starting at 6:00 p.m., the Council conducted interviews with Public
Safety Commission applicants Feemster, Caskell and Wurth. Starting at
6:38, the Council conducted interviews with Finance Advisory Committee
Applicants Ousley, Reinker and Wang.
The Mayor then recessed the meeting for dinner. The meeting was
reconvened at 7:35 p.m.
Regular Meeting
Council Chambers
Mayor Anderson called the meeting to order at 7:35 p.m and said the
Pledge of Allegiance in Memory of John Corr and William.Kinder.
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 Cloege.
2. CEREMONIAL ITEMS
A. Proclamation concerning Community Hospital and
Rehabilitation Center of Los Gatos/Saratoga
B. Proclamation concerning National Drunk and Drugged Driving
(3D) Prevention Month 1992
C. Resolution commending Michael F. Kotowskl for service on
the Santa Clara County Traffic Authority
Mr. Kotowski was present at the meeting. He presented a Calendar to
Mayor Anderson as a gift. He noted he has worked with Mayor Anderson
for many years and will continue serving Saratoga in whatever capacity
he can.
3. ROUTINE MATTERS
A. Approval of Minutes - ll/18
Councilmember Burger made the following changes to the Minutes of
11/18:
Page 7, paragraph 11, add the following sentence "She does not agree
with this assumption." after the word "changed". Add the following
sentence to the end of the same paragraph "She strongly recommended
that this be pursued."
Mayor Anderson made the following changes to the Minutes of 11/18:
Page 2, Councilmember Kohler's comments and the following paragraph the
rate increase should be reversed it should be 4.8% and 5.2%
respectively.
MONIA/TUCKER MOVED TO APPROVE THE MINUTES OF ll/1S, AS CORRECTED.
PASSED 5-0.
City Council Minutes 2 December 2, 1992
B. Approval of Warrant List
MONIA/TUCKER MOVED TO APPROVE THE W/~RR~a~I LIST. PASSED 5j0.
C. Report of City Clerk on Posting of Agenda
PUrsuant to Government Code 54954.2, the agenda for this meeting was
properly posted on Nov. 25.
4. CONSENT CALENDAR
A. Planning Commission Actions, 11/24 - Noted and filed.
C. Resolution 92-075 accepting offer of dedication of fence
and visual barrier easement at 13194 Via Arriba Dr.
D. Resolution 92-076 authorizing submittal of application for
Environmental Enhancement and Mitigation Program Grant for
Capital ProjeCt No. 924, Saratoga-sunn~vale Road
Improvements
E. Resolution 92-077 appointing a Corporation Representative
for the Small Claims Division of the Municipal court
ordinance 71,115 providing for consolidation of expiration
dates of commission terms (second reading and adoption)
G. Ordinance 71,116 adding Article 15-47 to the city code to
establish a water Efficient Landscape Ordinance relating
to the design, installation and efficiency of landscapes
(AZO 92-005) (second reading and adoption)
H. Resolution 92-078 denying Franklin appeal heard 11/18
J. Approval in concept of Special Events Permit for Los Gatos
Rotaz7 Club Great Race, January 24, 1993, conditioned by
compliance with all requirements
K. Approval in concept of Special Events Permit for Christa
McAuliffe School Parent Faculty Group SK/3K Run, May 2,
1993, conditioned by compliance with all requirements
L. City Financial Reports for October:
1) Treasurer~s Report
2) Investment Report
3) Financial Report
Councilmember Tucker requested the removal of item 4B. A member of the
public requested the removal of item 4I.
MONIA/KOHLER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION
OF 4BAIqD 4I. PASSED 5-0.
B. Public Safety Commission Minutes, 11/10 - Note and file.
Councilmember Tucker stated it should be noted that Halloween went off
very smoothly. She also stated she is h~ppy to report that there is
a good relationship with the Schools and the Sheriff's Department.
I. Report from City Attorney responding to request for refund
by Joel E. Sharon for Ravenwood Park assessment -Note and
file~ notify Mr. Sharon that refund would constitute an
illegal gift of public funds.
Mr. Joel Sharon, 13870 Ravenwood, addressed the report from the City
Attorney regarding the Ravenwood Assessment District. He noted the
Assessment District was voted in over the majority of the neighbors,
but when the City Council reversed their position the neighbors were
City Council Minutes 3 December 2, 1992
not refunded for the $110 payment they made.
City Attorney Riback recommended that Mr. Sharon read his memo dated
November 18, 1992, addressed to the City Council regarding this matter.
Mr. Riback addressed his memo outlining answers to Mr. Sharon's.
concerns.
Mr. Sharon noted he does not agree with the City Attorney's opinion and
feels the funds were taken in violation of Prop. 13 as well as other
rules. He advised the Council that he is not satisfied with this
matter and will take whatever steps necessary to see a remedy to this
situation.
Mr. Charles Shaw, Ravenwood Dr., addressed a petition submitted to the
City Council last year noting the request of the petition was to
dissolve LLA-1 and return the payment to the residents. He stated he
is requesting that the Council return the money to the 77 homes who
paid the tax.
In response to Councilmember Kohler's question, City Attorney Riback
stated present City Councilmembers do not .have the right to return
money collected by previous City Councils. He stated once money is
collected it becomes public funds.
Councilmember Burger requested that item 4B and 4I be separated.
MONIA/KOHLER MOVED TO APPROVE 4B. PASSED 5-0.
Regarding 4I, Councilmember Burger stated she would like to pursue this
further. She noted a majority of the neighbors did submit a protest
against the formation of the district. She questioned whether public
interest would be served in returning the funds because the majority
did not want the district. She requested that this be researched
further.
City Attorney Riback stated the premise upon which his opinion is based
is that the money did go towards the purchase of the property. He
noted if the property is sold, then perhaps there would be a public
purpose served in returning the money to the property owners.
Councilmember Monia noted this matter was researched and stated that,
although the City may own another piece of property, the Parks and
Recreation Commission voted that the area of Quito and Pollard is not
an appropriate area for a park.
MONIA/KOHLER MOVED TO ACCEPT THE REPORT FROM THE CITY ATTORNEY.
Councilmember Tucker stated the last time this matter was heard the
City Council directed the Parks & Recreation Commission to survey the
neighborhood to find out if a park is wanted in the area.
The above motion was carried 4-1 (Burger No).
City Attorney Riback pointed out that the law has changed and a City
Council can no longer override majority protests in a Lighting and
Landscape district.
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Mr. Jim Lavin, Pepper Ln., thanked the residents involved in the recall
process and Mr. Peacock and Mrs. Cory for the fairness and diligence
they exhibited in counting the petition signatures. Mr. Lavin
reiterated the number of signatures received on the recall petition.
He noted because of the recall petition people are more aware of City
politics. He suggested that when the Councilmembers are deciding
issues they should lean towards the people.
Mr. Jeff Schwartz made a few comments regarding the Cocciardi situation
and the Creek, Mayor Anderson asked Mr. Schwartz if he would hold his
City Council Minutes 4 December 2, 1992
comments,. as the subject of the creek is on the agenda.
Mr. Lou Thorpe, 19550 Farwell Ave., expressed concern about people
wanting to sign the recall petition, but wouldn't for fear of
repercussions. He stated it was observed that the people complaining
of harassment, were actually harassing people into not signing the
petition.
Mr. Eric McCr~stal, 19887 Seagull Way, stated the past few months have
been a disgrace to the people of Saratoga. He expressed his outrage
at the tactics used during the election and with the recall petition.
Mr. McCrystal also expressed concern about existing councilmembers
getting involved in such tactics. He noted City funds have been spent
counting signatures of the recall petition when it was obvious they had
lost. He stated he will work towards removing the Councilmembers
involved in bad City politics.
Mr. Bob Louden, 21110 Sullivan Way, noted the recall petition failed
so people should go forward. He stated people should criticize
Councilmembers' actions and not their character. He feels the primary
thrust of the recall petition was to attack MayorAnderson's character.
Mayor Anderson publicly thanked the people who did not sign the recall
petition and all those involved in this.
Mr. Preston Burlingham, 14173 Squirrel Hollow Ln., congratulated Mayor
Anderson. He stated he will join with Mr. Lavin as an equally
concerned citizen for the betterment of Saratoga. Mr. Burlingham
addressed the garbage rates, discussed at a previous meeting. He noted
he agrees that a study of Green Valley should take place, but when the
audit takes place in April 1993, this is an opportunity to examine
Green Valley thoroughly and suggested holding a public hearing.
Mr. Ed. Vincent, 13617 Westover Dr., stated, as a citizen, he recently
paid for a building permit, a portion of which is designated as an
inspection fee. He stated the job was not inspected to make sure it
met all building codes. He stated this fee should be called a tax.
He also noted there is some activity on the Paul Masson site and would
like to know if the City has authorized or is part of this.
Mayor Anderson stated the Bank of America is the overseer for this
property. She suggested that Mr. Vincent talk to the City Manager for
more information.
Mr. Forrest Pontenberg, 19000 Bonnet Way, questioned the wall and tree
removal along Bonnet Way. He stated he did send a letter ~o all
Councilmembers and has not received a reply. Mr. Pontenberg stated he
would like a written reply.
City Manager Peacock stated the City Engineer is working on this
matter.
B. WRITTEN COMMUNICATION8
1) Congressman Gary A. Condlt, requesting support for
legislation ending unfunded federal mandates on local
and state governments.
Staff recommends that the City Council support such an effort,
communicate support to Congressmen Condit and Mineta, and Senators
Boxer and Feinstein.
There was a consensus of the Council to support such an effort.
2) District Three Supervisor Ron Gonzales, requesting
support for resolution concerning County Hazardous
Waste Management Plans.
Staff recommends that the City Council adopt the resolution.
MONIA/TUCKER MOVED TO ADOPT RESOLUTION 92-079 CONCERNING COUNTY
City Council Minutes 5 December 2, 1992
HAZARDOUS WASTE MANAGEMENT PLANS. PASSED 5-0.
3) Wanda Alexander, 15879 Ravine Road, Los Gatos,
requesting removal from Saratoga's sphere of
influence.
Staff recommends that the City Council direct staff to continue working
with Ms. Alexander to resolve the claimed discrepancy and report back
to the City Council when the issue has been settled.
City Manager Peacock stated the Planning Director is having a meeting
with Ms. Alexander on December 4, 1992. Mr. Peacock reviewed the
sphere of influence and where Ms. Alexanderes property is located.
4) Request from Azule crossing Merchants for waiver of
temporary use permit requirements for Holiday Faire
on December 5 to support the Second Harvest Food Bank
Staff recommends that the City Council waive the fees but not permit
requirements.
Councilmember Tucker feels that this Holiday Faire is not only
benefiting the Non-Profit Organization, but the Shopping Center. She
feels it may be appropriate for the businesses to donate the funds for
the temporary use permit as a donation and then get the tax write-off.
Councilmember Monia stated the City has been supportive of Second
Harvest Food Bank and would like to keep this going.
City Manager Peacock stated the staff process and staff work is minimal
as no notices or hearings are required.
Mayor Anderson spoke in favor of waiving the fees.
MONIA/BURGER MOVED TO APPROVE WAIVING THE FEES, BUT NOT PEIOIIT
REQUIREMENTS. PASSED 5-0.
5) Letter from Saratoga COmmUnity Access Cable Television
Foundation requesting a Revision to Funding for Fiscal
1992-93
Staff recommends that the City Council adopt the budget adjustment
resolution which appropriates an additional $5,596 to Community Access
TV (Activity 67) in the Revised FY 1992-93 Budget.
Councilmember Monia stated the Council did cut funds from the Assess
cable Television Foundation. He noted after two meetings the
Foundation found that the cut in funds would be extensive and result
in problems. He stated both the City Manager and himself support the
budget adjustment.
In response to Councilmember Tucker's question, City Manager Peacock
stated the budget for Community Access television is 2% of the 5%
franchise fee. He noted when the City Council adopted the budget they
did agree to put in additional money that was required to start the
live broadcast of the Council meetings in 1991. He stated the target
for budget cuts are those areas of the budget which fall under the
General Fund as opposed to the restricted funds.
TUCKER/MONIA MOVED TOAD OpT BUDGET ADJUSTMENT RESOLUTION 91-46.16 W~ICH
APPROPRIATES ANADDITIONAL $5,596 TO COMMUNITY ACCESS TVIN THE REVISED
FY 1992-93 BUDGET. PASSED 5-0.
Mayor Anderson moved to the public hearings at this time.
8. PUBLIC HEARINGS - 8:30 p.m.
A. Weed Abatement Protest Hearing
Staff recommends that the City Council adopt the resolution ordering
abatement.
City Council Minutes 6 December 2, 1992
City Manager Peacock presented the staff report dated December 2, 1992.
Mayor Anderson opened the public hearing at 8:37 p.m.
MONIA/TUCKER MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0.
TUCKER/MONIA MOVED TO ADOPT RESOLUTION 92-080 ORDERING ABATEMENT.
PASSED 5-0.
6. OLD BUSINESS
A. 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 (second reading and adoption) (AZO 92-
004)
City Manager Peacock stated this is the second reading and adoption.
He noted a public hearing was held two weeks ago..
MONIA/BURGER MOVED TO ADOPT OREINARCE NB3-ZC-100 AMENDING THE ZONING
HAP BY TITLE ONLY, WAIVING FURTHER READING.
Councilmember Kohler stated he will vote against this because he is
concerned about the protests from the neighbors at the last public
hearing. He feels the Council is overriding the majority of the
neighbors. He stated the General Plan should not be changed to satisfy
Dr. Head and go against the neighbors.
Mayor Anderson stated this is an office building and has been
functioning as an office building since it opened. Also doctors have
been tenants since that time. She noted, only recently the zoning
change was made and the proposed zoning change is actually down zoning
the property.
Councilmember Monia stated he also voted against this, but made the
motion to move forward. He stated in his view a conditional use permit
should still be required.
The above motion was carried 4-1 (Kohler No)
B. Ordinance amending Section 15-30.160 (b) of the City Code
relating to time limit for erection and removal of
temporazTpolitical signs (AZO 92-005) (second reading and
adoption)
MONIA/KOHLER MOVED TO ADOPT ORDINANCE 71.117 BY TITLE ONLYt WAIVING
FURTHER READING (AZO 92-005). PASSED 3-2 (TUcker, Burger No).
C. EXpense Reimbursement Policy
Staff recommends that the City Council adopt the changes in wording of
the policy to reflect the direction given by the City Council on
October 21, 1992.
Mayor Anderson suggested adding the word ."mileage" in the Paragraph
titled CITY COUNCIL EXPENSE ALLOWANCE, after the word "all..." She
noted the last discussion on this matter ~nvolved mileage only.
Councilmember Monia stated when this was approved two years ago, it
covered all expenses within the County.
Mayor Anderson noted that the expense allowance will cover mileage, but
not meals. She noted meals should be paid for by the City when a
member of the Council is representing the City in an official capacity.
She noted for the last two years the past Councilmembers, including the
Mayor, have had their meals paid for, but not mileage within the
County.
City Council Minutes 7 December 2# 1992
Councilmember Burger stated the wording should be left as is. She
strongly feels the $250 should be applied throughout the month and if
expenditures go beyond this then vouchers should be submitted to the
City Manager.
MONIA/KOHLER MOVED TO APPROVE THE POLICY FOR CONFERENCE AND MEETING
EXPENSE REIMBURSEMENT, AS WRITTEN. PASSED 4-1 (Anderson No).
D. Report from City Manager on Measure A Renewal Funding
Accelerated for Projects from Current Funds
City Manager Peacock stated there was a staff briefing on Monday
afternoon and the documents are included in the staff report. He noted
the question is if the amount of money is $30,000 or $300,000
Mr. Joel Maniaci, Deputy Director, Santa Clara County Traffic
Authority, stated the number in the charts is $300,000, but after
further evaluation, the new number is $93,000. He stated the number
presumes a six month window of activity, which is reasonable in
allowing the new measure A to work through any new challenges. He
stated the $93,000 is contingent on an agreement with the Traffic
Authority.
In response to Councilmember Burger's question, Mr. Maniaci stated the
change in the jump start funding will have no impact on the overall
savings. He also stated the old Measure A has a completion plan and
this will be pursued in connection with the new Measure A.
In response to Councilmember Monia's question, City Attorney Riback
explained how this new authority differs from the San Diego authority
which was the subject of the Rider decision by the State Supreme Court.
City Manager Peacock stated the action of the City Council is to
instruct Councilmember Tucker to vote at the next meeting of the
Measure A Policy Advisory Board. He noted the issues Councilmember
Tucker heard and what was presented at the November 12th meeting have
been modified, as outlined in the Traffic Authority report. He stated
the concerns expressed by the Councilmembers have been addressed. Mr.
Peacock stated from the perspective of a Public Administrator and
Manager of local government, the proposed "Fast Track" is a good idea,
as long as the dollars are spent only to further the completion plan
components of Measure A.
Mr. Maniaci stated the Traffic Authority will focus on the completion
plan items that are included in the new Measure A.
BUROER/MONIA MOVED TO DIRECT COUNCILMEMBER TUCKER TO VOTE IN FAVOR OF
THE MEASURE A FUNDS TO "JUMP START" PORTIONS OF THE MEASURE A HIGHWAY
ELEMENT PROJECTS. PASSED 5-0.
Mayor Anderson stated she had a request to hear item 7B at this time.
7. B. Agreement with Saratoga Union School District for Use of
District Facilitles to Replace Redwood Middle School
Cafeteria Floor; Resolution amending budget to fund floor
replacement
City Manager Peacock presented the' staff. report dated November 20,
1992. In response to Councilmember Monia's question, Mr. Peacock
stated the funds will be fully recovered by the fees charged by the
Parks and Recreation Department.
MONIA/TUCKER MOVED TOAD OpT RESOLUTION 91-46.17 AMENDING THE BUDGET TO
FUND FLOOR REPLACEMENT. PASSED 5-0.
6. E. Report from City Manager on Water Sampling of Saratoga
Creek and Related Items
Mr. Jeff Schwartz stated his remarks do not have to do with the staff
report and requested that he make his comments before the staff report.
Mr. Schwartz addressed the Cocciardi matter noting that the City
City Council Hinutes · December 2# 1992
Council voted against the Citizens Committee being involved in the
reply to the Grand Jury. He noted Saratoga Creek could be a more
severe problem. He commented on the hostility of councilmembers toward
the public and noted letters regarding the creek, sent to the Council
have gone unanswered. He stated the biggest impediment to the
Cocciardi investigation was that the City Inspector kept no records of
his inspections and feels the same thing is happening with the Creek
inspections. Mr. Schwartz stated Mr. Whetstone posted signs along the
creek, at his own expense, and the response from the City was that the
signs were illegal. Mr. Schwartz stated the response from the City to
the Regional Water Quality Control Board is incomplete and inaccurate.
He stated the City owes Mr. Whetstone an apology and owes the City
immediate action on the creek.
City Manager Peacock presented the staff report dated December 2, 1992.
He noted that staff has prepared a response to the Council's request
at the November 8th meeting. Mr. Peacock addressed the illegal
discharge reported on November 26, as outlined in his memo dated
December 2, 1992. Mr. Peacock reviewed the actions to be taken, as
outlined in the staff report.
Councilmember Monia suggested making the proposed signs more clear as
to a health hazard.
City Manager Peacock suggested the following "DO NOT WADE OR PLAY IN
THE CREEK. THE CITY IS INVESTIGATING THE PRESENCE OF POSSIBLE
POLLUTANTS IN THIS AREA WHICH MAY POSE A HEALTH HAZARD."
Mayor Anderson stated KeithWhitman from the Non-Point Source Pollution
Agency, indicated the appropriate agency to discuss health hazards is
with the County Environmental Health Department. She also urged that
a City official be involved in meetings regarding water quality.
Councilmember Monia stated the Council should make an effort to
publicize that there is a potential health problem in the creek.
Mr. Peacock stated it is his belief that the sampling and training kits
will not exceed $12,000. He noted he is seeking confirmation to expend
up to that amount and to prepare a budget adjustment resolution for
December 16th approval.
Councilmember Burger stated the actions in the City Manager's memo are
positive steps. She stated she would like to make a clear statement
that, while the City welcomes all the help it can get, there should be
a central point to resolving these problems and one person to report
to.
Mayor Anderson concurred and stated the City Manager would be the
central point. She noted they need to re-establish which agency is
responsible for certain problems.
Councilmember Monia stated the Council needs to show stronger
leadership in this area. He feels the only people that have taken any
action are the citizens. He stated the Council needs to be at the
leading edge and invite the public to help. He stated an outreach
program is needed. He stated the City should be aware of other sources
of pollution other than restaurants and how to identify these. He
asked why the pollution was not caught during normal routine
inspections. He stated there needs to be communication between the
city and the Water District before problems can be resolved.
Mayor Anderson stated a staff person did go out frequently to try and
identify the pollutants, but there was a breakdown in communication.
She also noted she went on a walk along the creek with Dr. Bernard.
She stated he will be making a recommendation to the Planning
Commission to keep development away from the creek, because when lawns
are watered, fertilizers seep into the creek.
The Councilmembers discussed the report from ToxScan Inc. Mayor
Anderson stated the only metal found was copper. Councilmember Monia
stated the City now has a base line as a result of the report~
City Council Minutes 9 'December 2# 1992
Ms. Gloege stated the numbers in the ToxScan report can be compared to
the range found in water quality monitoring throughout the County.
Mr. Peacock stated the next step is to send the report to the County
and State Health Departments.
Mr. DonWhetstone, Saratoga-Sunnyvale Road, stated the response at this
hearing should have come a year ago. He feels answers to his questions
have not been given. Mr. Whetstone noted on Thanksgiving, while
inspecting the creek there was a foul smell and he had to remove
children playing in the creek. He noted this is a serious matter. He
stated the creek is beautiful and children will not stay out so the
creek needs to be cleaned up. Mr. Whetstone addressed the discharges
in the creek. He stated the Fire Department should be called when
discharges are seen and suggested a phone line be put in near the creek
so the Fire Department can respond immediately. He suggested the
Councilmembers read the NPDES permits.
In response to Councilmember Tucker's question, Mr. Whetstone stated
he has not talked to parents of children playing in the creek and there
have been no reports of sickness, to his howledge.
Ms. Anne Mehaffy, 14340 Paul Ave., stated she has observed a foul smell
and suds in the creek. She expressed concern about the lack of
response from the City and noted the Creek should be cleaned up as soon
as possible.
Ms. Roberta Marshall, 14341 Paul Ave., thanked Mr. Whetstone for his
work regarding this matter. She noted the Environmental Service
Manager should be involved in this process or should be the central
person to contact. She noted she has waded in the creek, not realizing
it is polluted. Ms. Marshall stated action should be taken to clean
up the creek as soon as possible.
Mayor Anderson stated #6 under the City Manager's recommendations
should be the topic of discussion when the Council meets with the
restaurant owners.
Mr. Peacock explained the penalties if a Use Permit is in violation.
In response to Councilmember Kohler's question, Mr. Peacock stated Mrs
Gloege is the first person on the notification list.
Councilmember Burger stated the City needs to reiterate and make it
clear what the chain of command is. She also concurred with the City
Manager's additional wording on the signs.
City Manager Peacock stated signs will be posted where the City has the
right-of-way and does not have to get permission.
Councilmember Monia suggested posting signs in other places along the
creek and then get permission from the Water District. He also noted
he did read the permit and there are a number of threshold dates to
file reports. He asked whether all these obligations had been met.
In response, Mr. Gloege stated they have and are on record. She also
noted the Health Departmentdoes inspect the grease traps, but does not
report to the City.
Councilmember Monia asked if there are regular City inspections to
restaurants regarding garbage bin overflow into the creek.
Mr. Peacock stated the City Engineer is working on this sort of
problem. Mr. Monia requested reports on NPDES compliance and cleanout
and inspection reports by West Valley Sanitation District.
MONIA/BURGER MOVED TO ACCEPT THE CITY FaUNAGERmS REPORT AND IMPLEMENT
THE NINE ITEMS. PASSED
City Engineer reiterated the coliform standards and noted he believes
the City is below the standard.
City Council Minutes 10 December 2, 1992
7. NEW BUSINESS
A. Appeal of administrative decision made by the Planning
Department concerning color of water tank at 21333
Lumbertown Lane (Appellant, J. and N. Wall)
Staff recommends that the City Council continue to January 20, 1993,
at request of appellant.
C. Report from City Attorney on Validity of an Ordinance which
would Void Deed Restrictions Prohibiting Rooftop Television
Antennas
Staff recommends that the City Council determine whether to pursue this
issue further~ if so, direct staff to return in 90 days with a
proposal on the cost to research the factual issues which would need
to be addressed by the City to support necessary findings.
Mayor Anderson noted there is no interest in pursuing this.
D. Replacement of Xerox 1090 Copier
Staff recommends that the City Council approve the replacement of Xerox
1090 copier with Xerox 5100 copier based on Joint Purchasing Service
Agreement price for the County of Los Angeles.
MONIA/TUCKER MOVED TO AUTHORIZE THE REPLACEMENT OF XEROX 1090 COPIER.
PASSED 5-0.
E. Memo Authorizing Publicity for Upcoming Hearings - Behel
Appeal~ Slnsley Appeal
The Councilmembers briefly discussed the Herriman Appeal.
9. CITY COUNCIL ITEMS
A. Oral Communications (continued) and response from city
council, if necessary
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 reported on the Hakone Foundation audit.
C. General Council Items
1) Agenda items for adjourned reqular meeting December
8 (6:00 Jt. meeting with Planning Commission~ S=00
Jr. meeting with Saratoga Area Senior Coordinating
Council)
City Manager Peacock stated the Planning Commission wish to discuss the
pros and cons. of requiring a formal review for City projects. He did
note that ultimately all projects will come before the City Council.
Mr. Peacock stated Mr. Curtis would like to present to the Council the
Paul Masson Specific Work Program at the joint meeting.
City Council Minutes 11 December 2, 1992
2) Other
Ms. Meg Caldwell, Ravenwood Dr., addressed the fecal coliform
standards. She stated she has copies of the standards which are in the.
NPDES permit and would be happy to furnish copies to Council.
The Councilmembers discussed item 4I at this time.
Councilmember Kohler stated the Parks and Recreation CommissiOn has
been working on the Ravenwood Park site and does not think more
discussion is necessary.
Councilmember Tucker stated when the Council decided to move forward
with the design plans they asked the Parks & Recreation Commission to
survey the area to make sure the community wanted a park.
Councilmember Monia stated there have been many meetings with neighbors
regarding the park. He noted the neighbors were in support of a park
and when a tax was imposed the support was lost.
Councilmember Tucker noted that some neighbors wanted clarification
about whether or not a park should be constructed at Ravenwood.
Mayor Anderson stated if there is concern from the neighbors, they
should address the City Council.
10. ADJOUItNMENT The meeting adjourned at 10:40 p.m. to a closed
session.
11. CLOSED SESSION on personnel matters - City Mariagerms Salary
The City Council recessed to closed session to discuss the compensation
of the City Manager.
The City Council reconvened with all members present and announced that
the City Manager had been granted a 5.2% salary increase, but that his
use of his secretary to type his doctoral dissertation had been removed
from his previously approved plan for professional development.
The meeting was adjourned at 11;02 p.m. to 6:00 p.m. on December 8,
1992, for a joint meeting with the Planning Commission and a joint
meeting with the Saratoga Area Senior Coordinating Council.
Respectfully submitted,
Catherine