HomeMy WebLinkAbout01-06-1993 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, January 6, 1993 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
The meeting was called to order at 7:35 p.m.
Pledge of Allegiance
1. ROLL CALL
Councilmembers Present: Tucker, Monia, Burger, Mayor Anderson
Councilmembers Absent: Kohler
Staff Present: City Manager Peacock, City Attorney Riback, City
Engineer Perlin
2. CEREMONIAL ITEMS
A. Resolution Appointing Gaske11 to the Public Safety
Commission and Low and Ousley to the Finance Committee
BURGER/MONIA MOVED TO ADOPT A RESOLUTION APPOINTING GASKELL TO THE
PUBLIC SAFETY COMMISSION AND LOW AND OUSLEY TO THE FINANCE COMMITTEE.
PASSED 4-0-1 (Kohler absent)
B. Administration of Oath of Office to the Above
C. Proclamation commending Scott Rosingana as Saratoga Fire
District Firefighter.of the Year
3. ROUTINE MATTERS
A. Approval of Minutes - 12/16
Councilmembers made the following corrections to the minutes of 12/16:
Burger - Page 6, 4th paragraph, insert the words "in lot width" after
the word "shortfall".
Monia - Page 11, 3rd paragraph, "Water District" should be changed to
"Regional Water Board". 13th paragraph, Councilmember Tucker's
comments regarding Mr. Forbes and Mr. Favero needs to be clarified.
Tucker - Page 6, 9th paragraph, 1st sentence should read
"Councilmember Tucker stated that when the Planning Commission looked
at this piece of property they may have felt it was difficult to put
a large home on this property given the composition of the
neighborhood."
Anderson - Page 11, 14th paragraph, Mayor Anderson did not concur.
BURGER/TUCKER MOVED TO APPROVE THE MINUTES OF 12/16, AS CORRECTED.
PASSED 4-0-1 (Kohler absent).
B. Approval of Warrant List
MONIA/TUCKER MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0-1 (Kohler
absent).
C. Report of City Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on December 31.
4. CONSENT CALENDAR
A. Plannlng Commission Actions, 12/23 -- NO meeting held.
B. Youth Commission Minutes, 10/21 - Noted and filed.
City Council Minutes 2 Januar~ 6, 1993
C. Public Safety Commission Minutes, 12~14 - Noted and filed.
D. Fiscal Year 1990-91 Slngle Audit RepOrt Certification and
Audit Finding Resolution - Noted and filed; no findings to
be resolved.
E. CommiSSion Attendance Reports for previous six months
F. Notice of Completion - 1992 Street Maintenance Program
G. Resolution denying 8insley Appeal heard 12/16
Resolutlon approving Behel Appeal heard 12/16
MONIA/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0-1
(Kohler absent)
Councilmember Monia requested that all the Commissions use the same
form for attendance records.
CONSENT CALENDAR II - Claims
A. Claim of Ishimaruin connection with Transit Assist vehicle
collision
Staff recommends that the City Council reject the claim.
MONIA/TUCHER MOVED TO REJECT THE CLAIM. PASSED 4-0-1 (Kohler absent).
5. 'COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Mr. Pete Siemans, 69 Ellenwood Ave., Los Gatos, Director, Midpeninusla
Regional Open Space District, stated this is a courtesy call to the
Council. He stated the District will be having a lunch in the near
future and Councilmembers are invited to attend. He noted he will be
representing Los Gatos, Saratoga, Monte Sereno, and part of Cupertino.
Ms. Dora Grens, 13451 Old Oak Way, addressed the discussion on the
selection of the Planning Commissioners at the last Council meeting.
Ms. Grens also addressed Councilmember Burger's comments regarding her
difference in philosophies to applicants.
Councilmember Burger stated her comments were based on a precedent set
by previous councils.
Mr. John Mehaffey, 14340 Paul Ave., addressed the pollution in Saratoga
Creek and the lack of record keeping regarding environmental problems.
He stated he would like to see some workable plan regarding the clean-
up of the creek and noted records should be kept.
Ms. Anne Mehaffey, 14340 Paul Ave., addressed the pollution in Saratoga
Creek. She noted she was told by the City staff that there was no list
of action plans. Ms. Mehaffey addressed a letter from Mr'. Peacock
regarding this matter noting the information is obsolete. She noted
this is a serious issue as children are playing in the Creek. Ms.
Mehaffey noted a neighbor's complaint about.the overflow clean-out over
flowing with sewage into her back yard. She stated no action has been
taken to clean up the creek and urged the City Council to take some
action.
Mr. Tom Reddick, 12389 Larchmont Ave., stated the catch basin on
Larchmont Ave is overflowing. He urged the council to address this
problem.
Mr. Jack Key, 18774 Devon, expressed concern about the 24 hour Nautilus
which opened in the Quito Market Place. He expressed concern about
noise and traffic and stated neighbors were not informed about this.
He also noted there is no permit posted at this building. Mr. Key
addressed the issue of a sound wall in this area. He also noted the
City Council Hinutes 3 ~anuary 6, 1993
dumpster used by the market place is in violation of City codes.
Mayor Anderson requested-the City Manager to look into the issues
raisedlby Mr. Key.
Mr. Don Whetstone, 14768 Vickery Ave., addressed a letter he received
from Mayor Anderson asking to share any information he has regarding
the Creek. He stated he has already supplied the City with a massive
amount of information, but feels this has been ignored. He noted he
has not received any answers to his questions sent to the City. He
noted residents should be officially informed about the pollution in
the creek. He expressed concern about information which is out of
date and being used by City staff. Mr. Whetstone addressed Mayor
Anderson's comments regarding the sampling taken on Thanksgiving,
noting this was not a false alarm. He also noted the creek is not in
pristine condition.
Mr. Jeff Schwartz, San Marcos Rd., questioned the Oral Communication
section of the agenda. Mr. Schwartz expressed concern about staff not
being held accountable for not addressing residents' concerns. He
stated the creek issue is important and needs to be addressed. Mr.
Schwartz also addressed the emergency system and how the City deals
with this.
Mayor Anderson stated the City Manager will look into issues raised at
Oral Communications. She noted if the residents want a reply from the
Council at the meeting they should submit their concerns in writing to
be discussed under written communications.
B. WRITTEN.COMMUNICATIONS
1) Kenneth and Constance Gast, 13272 Via'Arriba Dr., et
al., requesting changes on sound wall.
Mayor Anderson stated this issue has been addressed before and noted
the Traffic Authority refused to extend the wall further because they
felt there was no impact from the freeway. Mayor Anderson noted the
Ordinance does allow for a wall at the property owners' expense.
Mr. Ashi Majid, 1324 Via Arriba Dr., stated the exit of the freeway
runs by his backyard and this creates problems. He noted after looking
into this, the Traffic Authority will only put the wall along the
freeway and other walls are the responsibility of the City. He did
express concern about noise.
Mayor Anderson stated the Traffic Authority will not pay for a
community wall unless there is a visual intrusion problem.
In response to Councilmember Burger's question, Mr. Peacock stated a
letter was sent to all the people who signed the petition. Mr. Peacock
went on to explain Cal-Trans plans for this area.
Councilmember Burger suggested that Mr. Curtis respond to the Gasts
and refer to the conclusion as outlined in the staff report.
In response to Councilmembers' questions, Mr. Peacock explained the
grade, noting the off-ramp will not be at the current level, but
depressed by some 20 feet.
Councilmember Monia suggested staff respond to the residents involved,
explaining the grade levels.
Councilmember Monia noted this is the only interchange in the City, and
many of the residents do not want the interchange in their
neighborhood. He stated the City has imposed this on the residents and
under these conditions it would not be unfair to consider the request
for the wall.
Mr. Peacock stated it is his understanding the stretch of road between
Via Monte and Saratoga Avenue to the north will remain the same. He
noted sidewalks will be installed if necessary. He stated rear yards
City Council Minutes 4 Januaz7 6, ~993
will back-up to Saratoga Avenue at grade as is currently the case.
2) JerzTKocir, 12855 Saratoga-Sunnyvale Rd., requesting
removal of 24-hour business authorization for
convenience store site.
City Manager Peacock presented the staff report dated January 6, 1993.
Councilmember Monia suggested this issue be discussed at the joint
meeting with the Planning Commission. He stated that staff should
obtain more information on this issue.
Councilmember Burger expressed concern about 24 hour operations and
would like to see this looked into.
Councilmember Tucker noted she did receive a call from Mr. Key and
noted this needs to be addressed. She also noted this should be
discussed with the Planning Commission at the joint meeting.
Mayor Anderson suggested placing this on the City Council agenda and
then direct the Planning Commission to discuss this.
Mr. Jerry Kocir, 12855 Saratoga-Sunnyvale Rd., stated if previous
Council's had adhered to a previously adopted Ordinance there would be
no 24 hour service allowed. He expressed concern about the noise
related to 24 hour service. He noted prior staff and Council made the
error by permitting 24 hour operation.
Mayor Anderson noted this will be placed on the agenda for a future
meeting in order for the public to give input. She stated substantial
noticing should be done.
3) City of Blythe City Council, with concerns about the
Desert Protection Act
Staff recommends that the City Council receive and file.
MONIA/BURGER MOVED TO RECEIVE AND FILE. PASSED 4-0-1.
Councilmember Monia addressed a letter from Universal Maintenance
offering their services at Ravenwood Park.
Mr. Peacock stated this letter was sent to the Parks and Recreation
Commission.
Mayor Anderson moved to the Public Hearings at this time.
8. PUBLIC HEARINGS - 8z30 p.m.
A. Ordinance amending procedures for Extensions of Time for
Design Review Approvals (first reading and introduction)
Staff recommends that the City Council introduce the ordinance by title
only, waiving further reading~
Planning Director Curtis presented the staff report dated December 29,
1993. He reviewed the Planning Commission's recommendations of
November 24, 1992 as outlined. in the staff report. He noted the
Planning Commission discussed grandlathering extensively. Mr. Curtis
reviewed the alternatives the Planning Commission considered for
grandfathering previously approved projects, as outlined in the staff
report. He noted staff concurs with the Planning Commission.
In response to Councilmembers' question, Mr. Curtis stated there are
3 or 4 requests a year for extensions. He also noted there are 36
grandfathering cases on record. He noted based on his experience, 5
years is uncommon for Design Review Approval and extensions.
Mayor Anderson noted she received a call from Virginia Fanelli who
expressed concern about State law regarding this matter.
City Council Minutes 5 Januar~ 6, 1993
City Attorney Riback stated Ms. Fanelli's concerns would be related to
the Subdivision Map Act.
Mayor Anderson opened the public hearing at 8:54 p.m.
Mr. Eric Morley, 92 Central Ave., Los Gatos, Saratoga/Los Gatos Board
of Realtors, expressed concern about the lack of extension proposed.
He recommended that the City Council approve 2 years with an option of
a one year extension. He feels this is a compromise. He noted he did
an informal survey and 5 years is on the high end.
Mayor Anderson closed the public hearing at 8:57 p.m.
In response to Councilmembers' questions, Planning Director Curtis
stated few people come in for a five year extension. He stated
currently the Planning Commission does not have the authority to impose
'up-to-date design criteria on applicants applying for extensions.
Mr. Peacock noted an applicant has two years to get their plans
approved and then another two years to build.
Councilmember Monia stated the purpose of the change is to give the
City the opportunity to apply the up-to-date standards, which in turn
is better for the community at large.
Councilmember Tucker asked if class A roofing was required by the City
would this be a safety issue and require a modification?
Mr. Peacock stated if the City determines that class A roofs are
required in the hillside areas, unless the house is under construction,
design review approval does not specify roofing material.
Mayor Anderson stated the Board of Realtors recommendation should be
considered because people have been unable to pursue their building
plans because of the recession.
Councilmember Tucker stated she is willing to support a two year design
review with a one year extension. She noted there are safe guards as
far as health, safety and welfare are concerned.
Councilmember Burger noted there are only 3 or 4 people who apply for
extensions and the design review is a difficult process in Saratoga.
She feels eliminating the extension period is an over reaction and
spoke in favor of the two year design review with a one year extension.
In response to Mayor Anderson's concerns, Mr. Curtis stated
notification was sent to all applicants who have design review
approval.
Ms. Gillian Moran, Planning Commissioner, with regards to fee
adjustment, stated that no ordinance pertaining to a particular
application would change during the two year period and the fee
adjustment could be handled by staff. She noted the fees are
substantial. She also noted the Planning Commission is in a position
where they cannot change a condition of approval unless it is a health,
safety or welfare concern. Ms. Moran spoke in favor of the two years
with the one year extension. She noted people speaking at the Planning
Commission meeting were concerned about the grandfathering.
City Attorney Riback stated the City does have the flexibility to
modify the proposed ordinance to include a one year extension.
BURGER/TUCKER MOVED TO i~[END THE RECOIOiENDATION OF THE PLANNING
COMMISSION TO ALLOW FOR A TWO YEAR DESIGN REVIEW PROCESS WITH A ONE
YEAR EXTENSION AND DIRECT THE CITY ATTORNEY TO AMEND TEE PROPOSED
ORDINANCE FOR INTRODUCTION BY THE CITY COUNCIL ON JANUARY 20, 1993.
PASSED 4-0-1 (Kohler absent).
B. Performing Arts Grants - Review Funding Proposals and
Determine Allocations of 1993 Grants
City Council Hinutes 6 January 6, 1993
Ms. Karen Campbell, Administrative Assistant, presented the staff
report dated January 6, 1992. She reviewed the funding to the various
groups as outlined in the staff report.
Mayor Anderson noted the Council is looking for applications which have
volunteers as opposed to paid employees. She noted this is one of the
criteria for selecting groups to receive the funding.
Mayor Anderson opened the public hearing.
VILLA MONTALVO
Ms. Debbie Jones spoke in favor of staff's recommendation.
SARATOGA COMMUNITY BAND
Mr. Craig Northrup, 19160 Portos Dr., thanked the City Council for
their support. He noted the band has doubled in size and they perform
for many people.
YOUNG AUDIENCES
Ms. Julianna McKnight, stated their mission is to establish the arts
in children's education as well as their lifestyle. Ms. McKnight
explained the background of this organization.
PETER THOMPSON TRIO
Mr. Peter Thompson, 20720 4th Street, #14, stated his trio has
performed in seven public schools in Saratoga. He noted he has talked
to staff about the possibility of making a tape to broadcast over KSAR.
He stated he meets the criteria required for the funding. He expressed
the importance of music in schools and noted his program is appropriate
for all family members. Mr. Thompson addressed a letter from Saratoga
School dated 1991, praising the Thompson Trio for their performance.
He requests 100% financing.
In response to Councilmember Burger's question, Mr. Thompson stated he
did not do any concerts in Saratoga last year.
TIM RICHARDS/BARBARA SCOTT
Mr. Tim Richards, 14281 Paul Ave., stated they would like to put on two
community concerts of traditional -acoustic music in Saratoga. He
outlined the costs involved in this program. He noted they will have
volunteer staff to promote the concerts. Mr. Richards noted if money
is raised through the concerts it will be donated back to the City for
the performing arts grants. Mr. Richards explained traditional
acoustic music.
WEST VALLEY/MISSION COLLEGES FOUNDATION, INC. -- OLYMPIAD OF THE ARTS
Mr. Willys Peck, 14275 Saratoga Ave., stated that this is an activity
indigenous to Saratoga. Mr. Willys outlined the background of the
foundation. He noted the public performance is planned to coincide
with the Rotary Arts Show. He urged the City to support this
organization and noted they do have many volunteers.
SARATOGA EDUCATION FOUNDATION
Ms. Cindy Reardon stated they are requesting funds for a stage which
is in the process of being built; She noted they use the stage for
many purposes including graduation, special award assemblies and music
assemblies.
FOOTHILL ELEMENTARY SCHOOL
Ms. Betty Crookshank, Elvira St., stated 'Foothill is the only school
who participate in the French Foreign Exchange Student Program. She
noted both the French and local students perform. Ms. Crookshank
explained what the funding will be used for. She stated they will
include the community.
SARATOGA HIGH SCHOOL
Ms. Robin Yang, 19550 Braemar Ct., stated to host a show at school it
costs approximately $2,000. She noted the Color Guard has be acting
as ambassador for Saratoga and have performed throughout the State and
Country. She noted because of new equipment etc., the budget will be
tight. She noted the Color guard provides enjoyment to many people.
City Council Minutes 7 Januar~ 6, 1993
She noted the people involved are volunteers except for the
choreographer. Ms. Yang stated all performances are open to the
public.
SILICON VALLEY ARTS FUND
Mr. Larry Jinks, 21355 Saratoga Hills Rd., outlined the emphasis of
this organization. He noted this is a regional effort and urged the
Council to approve the funding. He stated they are making a request
to all the municipalities in Santa Clara County.
Mayor Anderson stated she and Councilmember Tucker attended a luncheon
given by the Silicon Valley Arts Fund and were very impressed. She
noted that this organization would like the City Council to consider
funds above and beyond the $10,000 allocated.
GILBERT & SULLIVAN SOCIETY
Mr. Don Gerjeski stated they do provide a series of performances at the
Civic Theater which are suitable for all ages. He noted all the
criteria for the grants should be published before the applications are
submitted.
LOS GATOS COMMUNITY CONCERT ASSOCIATION
Ms. Veronica Rabedeau, 18631 Harleigh Dr., stated they offer several
concerts throughout the year and the goals are to keep the excellence
of the performances and membership subscription reasonably low. She
noted last year's grant from Saratoga was very helpful and would like
to see continued support. She pointed out that most of the members
are seniors.
PHOTOGRAPHIC GUILD OF LOS GATOS
Mr. Jack Parsons gave background information on this organization and
how it was organized. He stated more money is needed to support the
competition.
MORELAND MUSIC COALITION
Ms. Nancy Nelson gave background information on the Coalition. She
noted there will be a performance on January 29th at Prospect High
School, which will be open to the public. Ms. Nelson noted there are
20 different musical groups and the money will help bring 4th grade
music back into the schools. She pointed out that 20-30 percent of the
students do live in Saratoga.
CHRISTA MCAULIFFE SCHOOL
Mr. Steve Trinwith, Parent and Teacher at Christa McAuliffe, stated
they are a model for volunteerism in the schools. He noted they have
been performing for several years and would like to purchase new
equipment with the money they are requesting. He noted Saratoga
residents will be invited to attend the performances.
Mayor Anderson noted the City received requests in the amount of
$93,000 and only have $10,000.
Mayor Anderson closed the public hearing at 10:15 p.m.
MONIA/TUCRER MOVED TO APPROVE STAFF'S RECOMMENDATIONS. PASSED 4-0-1.
Councilmember Monia spoke in support of funding the arts which include
the children of the community.
MONIA/TUCKER MOVED TO GRANT $500 TO THE FOLLOWING APPLICANTS: MORELAND
MUSIC COALITION; CHRISTA MCAULIFFE; REDWOOD MIDDLE SCHOOL; FOOTHILL
ELEMENTARY SCHOOL; SARATOGA EDUCATION FOUNDATION. PASSED 4-0-1 (Kohler
absent).
MONIA/TUCKER MOVED TO GRANT $500 TO WEST VALLEY/MISSION COLLEGES
FOUNDATION, INC. -- OLYMPIAD OF THE ARTS. PASSED 4-0-1 (Kohler
absent).
MONIA/BURGER MOVED TO GRANT $1500 TO SARATOGA HIGH SCHOOL - PACIFIC
EXPRESSION COLOR GUARD. PASSED 3-1-1 (Tucker Opposed, Kohler absent).
City Council Minutes 8 Januaz7 6, 1993
MONIA/BURGER MOVED TO GRANT $500 TO TIM RICHARDS/BARBARABCOTT. PASSED
4-0-1. (Kohler absent).
Mayor Anderson suggested discussing the Silicon Valley Arts Fund at the
policy discussion meeting.
C. Ordinance regulating reckclefs by adding Article 4-65 to
the City Code (first reading and introduction)
Staff recommends that the City Council introduce the ordinance by title ..~o
only, waiving further reading.
City Manager Peacock presented the staff report dated January 6, 1992.
Mayor Anderson opened the public hearing at 10:35 p.m.
Mayor Anderson closed the public hearing at 10:35 p.m.
MONIA/BURGER MOVED TO INTRODUCE ORDINANCE NO~ 71- ADDING SECTION 4-
05,020(i) AND ARTICLE 4-65 TO THE CODE OF THE CITY OF SARATOGA,
RELATING TO RECYCLERB. PASSED 4-0-1 (Kohler absent).
6. OLD BUSINESS
A. Bonnet Way Boundwall, Capital Project No. 9113
1) Resolution of Tree Conflicts
City Engineer Perlin presented the staff report dated January 5, 1992.
Be noted there are a total of 99 trees on Bonnet Way. He reviewed the
tree removal, recommended by staff and Mr. Coate, Arborist. Mr. Perlin
noted there is the possibility of moving some of the larger trees over
to Kevin Moran Park were there is a visual intrusion problem from the
pedestrian overpass. He noted the Traffic Authority will look into
this. He stated this could further off-set the cost. He also noted
weather permitting the contractor could begin. work shortly.
In response to Councilmember Tucker's question, Mr. Perlin noted he
will get in touch with the resident who volunteered to store the moved
trees.
BURGER/TUCKER MOVED TO AUTHORIZE BTAFF TO ISSUE A PURCHASE ORDER TO
WILRERSON TREE BERVICE FOR AN AMOUNT NOT TO EXCEED $20,000 TO REMOVE,
STOKE AND REPLANT DESIGNATED TKEEB ALONG BONNET WAY. PASSED 4-0-1
(Kohler absent)
2) Resolution amending Budget to provide funds to move
trees in connection with Bonnet way soundwall
MONIA/TUCKER MOVED TO ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA INCREASING APPROPRIATIONS AND AMENDING THE F.Y. 1993
BUDGET. PASSED 4-0-1 (Kohler absent).
B. Report from Cit~ Attorney on Teerlink Ranch Fire Station
site dedication offer'
City Attorney Riback reviewed the issues addressed in his memo to the
City Council dated December 23, 1992. He stated the conclusion is
that, the offer of dedication terminated when the City rejected it upon
approVing the final map and, thus, that the City no longer has any
entitlement to the offered easement over Parcel A. Mr. Riback also
stated that this type of an easement for a fire station under the
Subdivision Map Act is allowed, only if the City will pay the
negotiated price for the property. He stated the agreement must be
entered into at the time the map is approved.
Regarding the trail easement, Mr. Riback stated the exact location of
the trail has been identified and he has requested from, Mr. Teerlink,
any questions regarding the location, otherwise it will be recorded as
specified on the map.
City Council Minutes 9 January 6, 1993
MONIA/TUCKER MOVED TO RECEIVE AND FILE. PASSED 4-0-1 (Kohler absent).
7. NEW BUSINESS
A. Report from Planning Director explainlng Specific Plan
Process with Respect to Paul Masson Property on Saratoga
Avenue
Planning Director Curtis presented the staff report dated December 30,
1992, outlining what a specific plan is and what staff hopes to
accomplish. In response to Councilmember Burger's question, Mr. Curtis
stated staff can look at the different alternatives for both the Paul
Masson site and Dr. Abrams' site if a specific plan is drawn.
Councilmember Monia stated that staff can establish a baseline for
these sites giving the current zoning without being specific.
Councilmember Burger stated Dr. Abrams' property does and should stand
alone.
Planning Director Curtis stated the assumption is that PA zoning on Dr.
Abrams' property is appropriate and staff is looking at this. He
stated from a planning standpoint, it is unique to have two large
pieces of property in such close proximity to each other. He stated
this is an opportunity to look at the development on both sites. He
noted if Dr. Abrams' property is included in the specific plan it will
be assumed to be zoned PA.
City Manager Peacock stated this is an issue of site planning. He
noted Dr. Abrams' property is adjacent to a high density multi-family
neighborhood which backs up to Saratoga Creek and these are two major
considerations. He stated if the current zoning is followed, these
type of issues will not be addressed. He suggested that Dr. Abrams'
property be included in the specific plan to address important issues
besides the current zoning.
Councilmember Tucker stated she understands Dr. Abrams' concerns, but
staff believes that the specific plan will open more possibilities for
Dr. Abrams.
Planning Director Curtis stated the approach to the specific plan is
to look at a development pattern for the area. He stated the overall
effect of the development in the area needs to be looked at, as well
as the many issues which will be raised. He noted for planning
purposes, it is best to include both the Paul Masson property and Dr.
Abrams' property.
Dr. Abrams, 12948 Village Dr., stated he has owned the property since
1962 and has gone through most of the General Plans within the City.
He noted all the issues being discussed at this hearing are addressed
in the General Plan. He stated he instigated the development of
Saratoga Ave. He noted it is his intention to hold his property for
his grandchildren and has no plans to develop it at this time. He
stated the Paul Masson site is a different issue, the zoning is
different, as are the requirements.
In response to Mayor Anderson's questions, Dr. Abrams stated he will
discuss road cuts, etc., for the Paul MasSon site with staff, but is
satisfied with the current zoning of his property.
Councilmember Tucker stated if Dr. Abrams does not decide to be part
of the specific plan, he may be faced with limitations when he develops
his site as a result of what is developed on the Paul Masson site.
Dr. Abrams feels the only discussion should be the location of the
entrances to the Paul Masson site.
Councilmember Monia stated staff should only include what the City
knows will be an impact on the Paul Masson site and use this in the
specific plan for that'site.
City Council Minutes 10 Januaz7 6, 1993
Councilmember Tucker concurred.
Councilmember Burger stated it is inappropriate! to fold Dr. Abrams'
property into the Paul Masson site.
BURGER/MONIA MOVED TO CONFIRM THE BOUNDARIES OF THE SPECIFIC PLAN AREA
TO INCLUDE THE PAUL MASSON SITE ONLY. PASSED 4-0-1 (Kohler absent).
B. Amendment No. I to Agreement relating to Inspection and
cleaning of Storm Drains with the West Valley sanitation
District
Staff recommends that the City Council authorize the City Manager to
execute the amendment to the agreement dated July 24, 1992, between the
City and West Valley Sanitation District.
City Manager Peacock presented the staff report dated January 6, 1993.
TUCKER/MONIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE
AMENDMENT TO THE AGREEMENT DATED JULY 24, 1992, BETWEEN THE CITY AND
WEST VALLEY SANITATION DISTRICT. PASSED 4-0-1 (Kohler absent).
In response to Councilmember Monia's question regarding the data
received from the Water Board, Mr. Peacock stated staff has certified
15% of the system is clear. He noted 310 inlets have been labeled and
catalogued since July and several more have been inspected. He noted
the storm drain map locates lines and street manholes, but does not
actually locate inlet structures. He stated he will get more
information on this.
In response to Councilmember Monia's question, Mr. Peacock stated the
City started giving citations at the beginning of this week. He noted
the names do not become part of-the public record until they are filed
with the court.
Mr. Peacock noted he did discuss with the Water Board the limitation
of violation authority the City can exercise. He noted the Water Board
has more authority and discussed the possibility of using the Water
Board's authority to be able to cite people without having to meet the
criminal standards the City must meet. He noted the Water Board has
also agreed to help with the cost of testing the water.
Mayor Anderson addressed the Non-Point Source Pollution meeting she
will be attending.
Mr. Peacock stated the NPDES does not have standards for testing at
this point. He stated their program is intended to reduce the amount
of specific chemicals found in the water.
Mr. Peacock noted that staff is working to find out the sources of the
pollution and they are also acting on the coliform testing. He stated
there will also be testing for ammonia.
C. Memo Authorizing Publicity for Upcoming Hearings
Staff recommends that the City Council approve the publicity as
recommended by staff.
BURGER/TUCKER MOVED TO APPROVE THE PUBLICITY AS RECOMMENDED BY STAFF,
WITH THE ADDITION OF NOTIFICATION OF COMMUNITY GROUP8 FOR THE ROOFING
ORDINANCE. PASSED 4-0-1 (Kohler absent).
D. Request for Proposals. for Selection of City Auditor for
Fiscal Year 1993-1997
Ms. Patricia Shriver, Finance Director, presented the staff report
dated January 6, 1993.
BURGER/TUCKER MOVED TO APPROVE THE RFP. PASSED 4-0-1 (Kohler absent).
9. CITY COUNCIL ITEMS
City CounCil Minutes 11 Januar~ 6, 1993
A. Oral Communications [(continued) and response from City
council, if necessaz7
B. Agency Assignment Reports
1. ABAG - Anderson
2. Cable TV Board - Monia
3. HCD Policy Committee - Tucker
4. Transportation Commission - Anderson
e 5. Hakone Foundation - Tucker
6. IGC - Kohler
7. Flood Control Advisory Board - Burger
8. League of Cities Peninsula Division - Tucker
9. Water District Commission - Anderson
10. Santa Clara County Cities Association - Tucker
11. Sister City Committee - Burger
12. Traffic Authority Policy Advisory Board - Tucker
13. Transit Assist Board - Burger
14. Senior Coordinating Committee - Burger
15. West Valley Sanitation District - Burger
Councilmember Burger reported on the Sister City Committee meeting.
She stated they are pursuing the Student Exchange Program.
Mayor Anderson stated she is in favor of adjusting the dates, but is
not in support of reducing the time period for the Student Exchange
Program.
Councilmember Burger also noted that the Committee thanked the Council
for their membership in the International Sister City Organization.
C. 0eneral Council Items.
1) Agenda items for joint meeting with Parks and
Recreation Commission 1/12
2 ) Other
10. ADJOURNMENT
The meeting was adjourned at 11:40 p.m. to a closed session.
11. CLOSED SESSION on pending litigation in the case of Saratoga vs.
Cocciardi
No action was taken in the closed session. The meeting was reconvened
at 11:53 p.m. and adjourned to January 12 at 7:30 p.m.
Respectfully submitted,
Catherine
Minute Clerk