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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