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HomeMy WebLinkAbout02-17-1993 City Council Minutes MINUTES SARATOGA:CITY COUNCIL TIME: Wednesday, February 17, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Mayor Anderson called the meeting to order at 7:36 p.m. Pledge of Allegiance Mayor Anderson said the Pledge of Allegiance in memory of Debbie Spangler, former Councilmember of Los Altos. 1. ROLL CALL Councilmembers Present: Tucker (arrived 7:36 p.m.), Burger, Monia, Kohler, Mayor Anderson. Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Karen Campbell. 2. CEREMONIAL ITEMS A. Resolution Appointing and' Reappointing Library Commissioners BURGER/MONIA MOVED TO ADOPT A RESOLUTION APPOINTING AND REAPPOINTING LIBRARY COMMISSIONERS. PASSED 5-0. B. Administration of Oath of Office to Above 3. ROUTINE MATTERS A. Approval of Minutes - 2/3 KOHLER/MONIA MOVED TO APPROVE THE'MINUTES OF 2/3, AS PRESENTED. PASSED B. Approval of Warrant List MONIA/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. C. Report of City Clerk'on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 12. BURGER/TUCKER MOVED TO ADD SAN JOSE LANDFILL TAX LITIGATION, PUBLIC NUISANCE ACTION, COMPLAINT AGAINST PUBLIC EMPLOYEE, FOR DISCUSSION UNDER CLOSED SESSION. PASSED 5-0. 4. CONSENT CALENDAR A. Planning Commission Actions, 2/10 - Noted and filed. B. Youth Commission Minutes, 1/11 - Noted and filed. C. Public Safety Commission Minutes, 2/8 - Noted and filed. D. Finance Committee Minutes, 12/17~ 1/11~ 2/4 - Noted and filed. F. Ordinance Amending Temporary Political Sign Ordinance to require declaration of intent to install such signs (second reading and adoption) G. Hakone Foundation Report on Fund Development - 1/5-2/7 - Received and filed. H. Approval of annual purchase of Flex-o-Fill crack filler from Bacon Western Company and Bretthauer Road Oil Company in the amount of $12,158.64. City Council Minutes 2 February 17, 1993 I. City Financial Reports for January 1) Treasurer,s Report 2) Investment Report 3) Financial Report J. Final Acceptance and Notice of Completion= 1992 Pavement Management Program K. Tract 8316, San Marcos Heights (Developer, Rogers & Brook) 1) Final Acceptance of Improvements= Res. 36-B-245 2) Approval of Deed Reallgning Sanitary Sewer Easements L. Final Map Approval, 2 lots, 8D 92-007, 20241 Herriman Ave. (owner, Behel) Councilmember Monia requested the removal of item 4E. MONIA/KOHLER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4E. PASSED 5-0. E. Response to Reglonal Water Quality Control Board,s Request for Information on Illegal Discharges into Saratoga Creek CounciImember Monia asked for more information on the inspections and if the students were trained to do this work. He also noted he requested field notes. Mayor Anderson noted the information requested by Councilmember Monia should be addressed at their study session. Councilmember Monia expressed concern about the report as presented. He noted some of the items addressed in the report are not accurate. He stated it would not be in the best interest of the City to accept the report at this time. He addressed the sample taken on November 26, 1992, and noted discharge was visible and a sample was taken. Councilmember Monia stated that Mr. Whetstone's letter of July 22, 1992 should be included in the report. Councilmember Tucker suggested Councilmember Monia's concerns be researched by staff and have a report at the Study Session. Mr. DonWhetstone, 14768 Vickery Ave., stated the Council has still not answered questions he has put in writing. He noted his letter of July 22, 1992 was not answered and this letter contains important information. He added the longer the City waits to address the creek problem the more it will cost. Mr. Jeff Schwartz, San Marcos Rd., stated the report presented to the City Council contains false statements. He added the City's annual report, which was submitted to the Non-Point Source Pollution Program, contained false data. Mr. Schwartz addressed the volunteers' work in this process. He noted the students were asked to measure catch basins and not asked to inspect the inlet for illicit connections. He added the City has a serious problem regarding false information contained in the report and asked the City to look into this. He noted the staff should be held accountable for the false data. MONIA/KOHLER MOVED TO TABLE THIS ITEM FOR TWO WEEKS. Councilmember Tucker suggested that Mr. Schwartz gave a list of his allegations to staff. Mayor Anderson stated that Council and staff have addressed the creek problem and objects to Mr. Schwartz's comments regarding the City doing nothing. City Council Minutes 3 February 17, 1993 Councilmember Monia stated he has not been able to satisfy himself with the reports and would like some back-up information. Councilmember Kohler stated there are problems regarding this matter and these need to be looked into. He stated he would like to be involved in this process, but will be out of town next week. The above motion was carried 5-0. CONSENT CALENDAR II - Claims A. Amended Claim of Ashby in connection with Emplo~nent Incident BURGER/MONIA MOVED TO REJECT THE CLAIM. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM CITY MANAGERS FOLLOW UP ON PREVIOUS ORAL COMMUNICATIONS 1) Memo in response to oral and written communication from Jeffrey A. Schwartz concerning emergency radio City Manager Peacock read his memo addressed to the City Council dated February 17, 1993. Councilmember Monia asked what would deem an emergency. Mr. Peacock stated at the time of the fire there was not sufficient activity that was out of control. He added this was a short term event. Councilmember Monia feels the fire was an emergency and the radio stationshould have been used to inform the citizens of Saratoga. Mr. Jeff Schwartz stated his problem is not how the system works, but the answer he got from the City Manager when asked about this. He feels the City Manager gave the wrong information and this should be addressed. He added, his concern is that citizens are receiving false information. Councilmember Burger suggested that if Mr. Schwartz has further concerns regarding this matter, they be put in writing. B. ORAL COMMUNICATIONS Mr. Tom Reddick, 12389 Larchmont Ave., expressed concern about the money spent on the studies done on Saratoga Creek. He feels Mr. Whetstone should be paid for services rendered. Mr. Charles Shaw, 13920 Ravenwood Dr., addressed the document presented to the Council containing 45 signatures in support of Ravenwood Park. He noted two of the addresses could not be located and one signature appeared twice. He noted the majority of residents on Ravenwood Drive are not in support of the park and feels the money could be better spent. In response to Councilmember Monia's question, Mr. Shaw stated he has always been opposed to the park on.Ravenwood Drive. Mr. Don Whetstone, 14768 Vickery Ave., Stated he would appreciate a verbal response to his questions asked, regarding the creek. Mayor Anderson stated Mr. Whetstone's questions will be available in the reports to be discussed at their study session. Councilmember Monia ~sked Mr. Whetstone to bring a copy of his questions to the study session. Mr. Whetstone addressed the campaign to stop the publications of cartoons in the Saratoga News. He stated if people value their first amendment rights, they should contact the Metro Publications in support City Council Hinutes 4 Februaz7 17, 2993 of De Cinzo, as he was the first person in the press to address the creek problem. Mayor Anderson stated her sole objection to the cartoon was that she was portrayed as a man. She noted she did not ask anyone to call the newspaper. C. WRITTEN COMMUNICATION8 OLD BUSINESS A. Report from City Engineer on Status of Bicycle Advisory Committee Appointments City Manager Peacock stated three members have been appointed to the Bicycle Advisory Committee and they will continue the process at this time. Councilmember Burger stated she received a call from a citizen who is interested in serving on this Committee. City Manager Peacock stated she should contact the City Clerk's office. MONIA/KOHLER MOVED TO RECEIVE AND FILE. PASSED 5-0. B. Urgency Ordinance Prohibiting Commencement of Operation of Business Activity Between 1:00 a.m. and 6:00 a.m. within all Professional and Administrative Office and Commercial Zoning Districts City Manager Peacock presented the staff report. He stated this matter was discussed at the previous meeting and the City Council directed staff to prepare an ordinance.- Mr. Kocir, 12855 Saratoga-Sunnyvale Rd., outlined the noise factor he has had to put up with 24 hours a day. He stated he wants hours of operation prohibited between 1 a.m. and 6 a.m. He thanked staff for prohibiting some of the truck noise. In response to Mr. Kocir's question, Mayor Anderson stated there will be another hearing regarding 24 hour operations. She added that 24 hour Nautilus has approval. Mr. Kocir asked, under what section of the Commercial District's Article 15-19, the 24 hour Nautilus was consummated. He noted this needs to be looked into. Councilmember Monia stated the urgency ordinance only deals with the stopping of the permit process as it stands. He added there will be a hearing in which the ordinance change will be finalized. Mr. Kocir addressed an article in the Saratoga News noting the City and 24 hour Nautilus maintain they are under no obligations to inform nearby residents about 24 hour operation. He added the article also noted the City did not look for' potential problems before this was approved. He stated this will be addressed at another hearing. Mr. Kocir also expressed concern about activity outside Safeway during the summer months. Mayor Anderson stated the business is' not the problem, but the customers. She noted the Sheriff's Department is working on this problem. Mr. Jack Mallory, 12258 Kirkdale Rd., spoke in support of the ordinance and noted he is concerned about 24 hour operations. Councilmember Monia stated he is concerned about the word "Commencement" in section 1. City Manager Peacock stated this word will be changed to "Initiation". City Council Minutes 5 Februar~ 17, 1993 MONIA/BURGER MOVED TO APPROVE THE URGENCY ORDINANCE, CHANGING THE WORD -COMMENCEMENT- TO "INITIATION". .PASSED 5-0. Mayor Anderson moved to the public hearings at this time. 8. PUBLIC HEARINGS - 8230 p.m. A. CDBG and HUman Services Allocations for 1993-94 Staff recommends that the City Council allocate HCDA Funds for eligible projects and allocate Human Services grants from other revenue sources according to staff recommendations. Ms. Karen Campbell presented the staff report. She reviewed the funds received from the Federal Government and the money to be used from the City's General Fund. She reviewed staff's recommendations as outlined in the staff report. In response to Mayor Anderson's question, Ms. Campbell stated if the $45,000 is not used for public service money, technically $174,000 could be used for capital improvements. She also added that under ADA Hakone Gardens and Wildwood Park are required to have disability access, but is not sure if the CDBG funds can be used for this. In response to Councilmember Burger's question regarding parks complying with ADA, Mr. Peacock stated the Council will review the Transition Plan in March. He noted all public facilities must comply with ADA requirements. City Engineer Perlin stated a request from staff is to retain a consultant who would survey City facilities to address ADA requirements. He noted staff has a list of projects and they are in the process of prioritizing. Councilmember Tucker suggested looking at what is necessary for making a decision to fund organizations and then look at other applications in light of the budget cuts. City Manager Peacock suggested the City Council prioritize the remaining funding with the understanding that this decision is preliminary and is not final until the budget is adopted in June. He noted the number indicated in the staff report is predicated on established Council policy. He noted if the Council wish to change the policy they may do so. Mayor Anderson went through the requests at this time. American Disabillty Act City Engineer Perlin stated staff does not have the in-house expertise and the CDBG funds do provide the funds to address the requirements. City Wide Curb Cuts City Engineer Perlin stated there are many more locations which need curb cuts, but cannot do this year. He noted staff will be attempting to prioritize the locations and will seek community input. Hakone and Wildwood Park City Manager Peacock stated a survey is needed by a consulting architect to find out the cost to meet ADA requirements. City Engineer stated CDBG funds can be used for handicap access on old facilities, but cannot be used to build new facilities. Emergency Housing No speakers Second Harvest Food Bank City Council Minutes 6 Februaz7 17, 1993 Ms. Debra Casparian, 750 Curtnet Ave., San Jose, addressed the Brown Bag Program. She noted this program is to provide food to seniors on a very ·limited income. Ms. Casparian outlined the criteria to qualify for the brown bag program. She added they do have a brown bag program· in Saratoga and have 6-8 volunteers from the City. Ms. Casparian thanked the Council for their past support and asked for continued support. Project Match Ms. Colby outlined the operations of Project Match and asked for continued support. She thanked the City Council for past support. She added Project Match has one group home in Saratoga. Mayor Anderson pointed out that the housing provided by Project Match can be included in the number of affordable homes required by the State. Saratoga Area Senior Coordinating Council Mr. Paul Bowlin, 20136 Pierce Rd., invited the citizens of Saratoga to observe what SASCC offer at the Adult Day Care Center. He noted their only purpose for existing is to serve the older adults in the Community. Mr. Bowlin addressed the endowment fund. He noted the principal of this fund is not ava{lable for operations and the present discretionary fund is used for other uses. He stated SASCC operates under an agreement with the City and relieves the City of its duties to serve the seniors. He noted the City's general fund grant is for the operation of the Adult Day Care Center. He added SASCC is an organization of volunteers and every penny of the budget goes to serving 'the older adults of Saratoga. Mr. Bowlin urged the City COuncil to provide the funding requested. Adult Day Care Center Mr. Vernon Griffith, 18571 Withey Road, Chairman, Adult Day Care Center, outlined the objectivity of the Adult Day Care Center. He added the Adult Day Care Center has proved to be a most effective way of using public funds. He noted there are over 60 volunteers who provide services to the Day Care Center. He added they are currently serving at near capacity and will continue to grow. He stated they are asking for funds to continue providing services to the seniors of Saratoga. Hospice of the Valley No speakers. In response to Councilmember Monia ' s question regarding clean up responsibilities, Mr. Peacock stated staff make a minimal response. He noted a policy the City Council adopted requires all organizations to pay rent for the use of City property. He noted when the City waives the rental fee they are in effect supporting a particular charity with public funds. Councilmember Tucker stated all organizations should adhere to City policies. She noted Hospice of the Valley .does serve other cities and feels these cities should help with providing facilities. case Management Program - SeniOr Coordinating Councll of Los Gatos No speakers Catholic Charities Ms. Donna Cooper, 2625 Zanker Road, San Jose, Program Director for Long Term Care Ombudsman Program, reviewed the charity, noting they investigate long term care facilities for seniors. She noted last year 26 cases were investigated in the Saratoga facility and are continuing to hear more problems this year. She noted the program relies on City Council Minutes 7 Feb~uaz~ 17, 1993 community volunteers. Ms. Cooper thanked the Council for past support and urged continued support. Transit Assist ; Ms. Lauren Mende, Program Manager, thanked the City Council for their continued support. Ms. Mende outlined the Transportation Program for the frail elderly and the disabled of the community. She noted 39% of the rides go to Saratoga residents and this is growing. She added they are expanding operations through taxis and van contracts. Ms. Mende stated this is a Federally mandated program and each City contributes to attempting to meet the ADA compliance. In response to Mayor Anderson's question, Ms. Mende stated that Los Gatos also provides in-kind contributions. She noted the Santa Clara County Transportation Implementation ADA Plan began this year and will be in full compliance by July 1995. She noted that the Transit Assist service area will be incorporated into the County Wide program in 1995. Ms. Mende noted if funds are not granted by the City, they will have to curtail the services offered weekdays 8 a.m. to 5 p.m. She added this is the most demanding time for service. Women's Housing Mr. John Wong stated they operate three shelters in Santa Clara County and the need for their service is increasing. He stated the organization was grateful for the funds they received last year and it made an impact. He expressed concern about staff's recommendation and urged to Council to grant the $5000 they request. Friends of the Library Reading Program No speakers Teen Counseling Center Ms. Mindy Goodman stated they do teen counseling on site at the high schools. Ms. Goodman outlined the organization noting that the students in Saratoga had counseling on many topics. She noted the organization is considering group and individual counseling at the Warher Hutton House. She added they are requesting $5000 to cover the overall cost of serving Saratoga, $5000 for general support, and that there will be no charge for students. Mayor Anderson closed the public hearing at 9:35 p.m. Councilmember Monia asked why staff recommended zero funding for the Women's housing connection. Mayor Anderson stated this organization serves few Saratogans. City Manager Peacock stated the Teen Counseling was not recommended for funding because the application was received late and staff could not make a recommendation. He also noted the limited hours the Warner Hutton House is open and rooms available. Mayor Anderson expressed concern about available space in the Warher Hutton House; she also stated the City needs to address free counseling. Councilmember Monia stated the City should address the 1.3% as outlined in the City Policy. He added there is a need to look at cutting the funding across the board because of budget constraints. He noted people should be informed that grants presented at this hearing are preliminary and may be cut further when the City reviews its budget. Councilmember Burger suggested not taking money from the General Funds. Mayor Anderson stated all applicants would have to receive half of their request or they would have to cut some funding out. City Council Minutes S February 17, 1993 MONIA/KOHLER MOVED TO APPROVE THE HCD CAPITAL FUNDS, AS RECOMMENDED BY STAFF. PASSED 5-0. Councilmember Burger suggested looking at some of the requests that are not offering specific service to this community. .She suggested cutting Second Food Harvest Bank and Catholic Charities. She stated both receive funds from the City and this money is not a large amount in the overall funds they collect. She also suggested zero funding for Hospice of the Valley. Mayor Anderson stated they need to decide where money would go, if the City was able to give more after their budget discussions. Ms. Karen Campbell stated there is a different set of funding requirements when offering grants less than $5000 from the public service funds. She stated the only agencies funded by the CDBG funds would be SASCC and Transit Assist.. City Manager Peacock stated the City hasin the past paid for senior day care activities out of the general fund. The primary focus of the CDBG funds, for the last two years, has been Transit Assist and SASCC. Mayor Anderson noted that Transit Assist needs funding to meet its goals. Councilmember Monia spoke in support of funding groups that are necessary for people's health and welfare. He noted Second Harvest Food Bank does provide service to Saratoga. He suggested cutting the funding by 10 or 15% as this is the City's cut in income, and noted it may be more when the budget is reviewed. Mayor Anderson suggested a 25% cut across the board. Councilmember Tucker stated citizens can contribute and help distribute food for Second Harvest Food Bank. MONIA/KOHLER MOVED THAT THE AMOUNT GRANTED NOT EXCEED $78,000. Councilmember Burger stated she does not see how the Council can make a commitment to fund $7S,000 when they have not reviewed the budget. Councilmember Tucker concurred. City Manager Peacock stated it is understood that it is not possible for the Council to make a guarantee at this time. MONIA/KOHLER MOVED TO AMEND THE MOTION THAT $78,000 I8 A PROPOSAL FOR THE BUDGETARY REVIEW. PASSED 5-0. Mayor Anderson recommended zero financing for Friends of the Library Reading Program and also the Teen Counseling. She suggested the Council consider a policy in the future regarding Teen Counseling. In response to Councilmember Tucker'squestion, Mr. Peacock stated Case Management provides a service at the Senior center through their organization. Mr. Charles Metcalf, Los Gatos Area Senior Coordinating Council, noted the program includes the Cities of Campbell, Los Gatos and Saratoga. He stated the Case Management Program has social workers who go out to homes of the elderly. He noted 25 clients a month are served in Saratoga. He added this is a low cost program and would hurt the program if not funded. Councilmember Tucker suggested paper work be kept to a minimum when funding programs combined with other Cities. Ms. Carolyn King stated that this procedure is followed with CDBG funds. Councilmember Kohler suggested the City Manager work on the budget and stated there should be cuts across the board. City Council Hinutes 9 Februa~ 17, 1993 Councilmember Monia suggested considering 87 and one 1/2 percent of the entire amount. BURGER/TUCKER MOVED TO ELIMINATE SECOND BARVEST FOOD BANK. Councilmember Monia spoke in support of funding Second Harvest Food Bank. MONIA/KOHLER MOVED TO MODIFY THE MOTION TO FUND SECOND HARVEST FOOD BANK $1000. PASSED 3-2 (Burger, .TUcker No). BURGER/TUCKER' MOVED TO FUND PROJECT MATCH $1000. PASSED 5-0. BURGER/TUCKER MOVED TO ELIMINATE FUNDING FORTHE HOSPICE OF THE VALLEY. PASSED 5-0. A representative from the Los Gatos Area Senior Coordinating Council, stated the Case Management Program provides social services for seniors. She noted this program deals with the elderly in Fellowship Plaza and provides service to low income people. TUCKER/BURGER MOVED TO FUND CASE MANAGEMENT $1000. PASSED 5-0. BURGER/TUCKER MOVED TO ELIMINATE CATHOLIC CHARITIES. Councilmember Kohler suggested funding half of their request. The above motion was passed 4-1 (Kohler No). BURGER/TUCKER MOVED TO ELIMINATE FRIENDS OF THE LIBRARY READING PROGRAM. PASSED 5-0. Councilmember Monia stated the Senior Center has some ability to generate fees. MONIA/TUCKER MOVED TOREMOVE $2400 OUT OF THE SENIOR CENTER OPERATIONS. FAILED 2-3 (Anderson, Burger, Kohler No). KOELER/ANDERSON MOVED TO PRO-RATE THE $2400 OVER SASCC, TRANSIT ASSIST AND THE ADULT DAY CARE CENTER. PASSED 3-2 (Monla, Tucker No). Mayor Anderson stated what was decided at this meeting is what the City hopes to do, but if no money is available from the General Fund how will the $45,000 of Federal money be spent. MONIA/TUCKER MOVED TO PRO-RATE THE $45,000 FOR SASCC, TRANSIT ASSIST AND ADULT DAY CARE CENTER. PASSED 5-0. B. Ordinance Adding Article 7-45 to the City Code relatlng to Commerclal Property Maintenance Staff recommends that the City Council introduce the ordinance by title only, waiving further reading. City Attorney Riback stated he has worked with staff in preparing this ordinance. He noted the ordinance has been circulated to various community organizations for review. He reviewed the purpose of the ordinance as outlined in the staff report and how it will be implemented. Mr. Riback.also reviewed the procedure to follow if commercial properties are not in compliance with the Ordinance. Councilmember Burger stated the ~ity should have objective standards which could be applied to the landscaping and vegetation section. City Attorney Riback stated if the determination was made that the property is unsightly, and the property owner were to object to the determination it Would come before the City Council. He stated the ordinance is to address overgrown vegetation, or vegetation which is not properly maintained and may affect surrounding properties. He added a note will be sent to property owners and if action is not taken City Council Hinutes 10 Februaz7 17, 1993 the property owner will be cited or the City would begin the process of abatement. Mayor Anderson stated she had a meeting with Safeway, who addressed their relationship with the property owner and the effect the ordinance may have on them. Mayor Anderson opened the public hearing at 10:45 p.m. Ms. Susie Persall, representing Safeway, stated the owner of the shopping center is responsible for the maintenance of the property and the tenants should not be cited. Ms. Persall stated if the garbage dumpsters are enclosed, this may cause problems and Safeway have to look into this. Mr. Robert Egan stated Safeway and Longs have total control over their buildings and do take care of their own property. Mayor Anderson closed the public hearing at 10:50 p.m. Councilmember Burger asked if concerns addressed by individuals were considered when preparing the ordinance. Mr. Riback stated the City Manager and himself did review the concerns sent to the City in written form. Councilmember Kohler stated he had a call from a person complaining about the garbage enclosures. He noted the person was concerned about expenses if they have to enclose the dumpster and feels more garbage would be accumulated because of the enclosure. City Manager Peacock stated the garbage enclosures can be a problem and additional cost may be a factor. He added that most suburban cities require trash enclosures on commercial properties and this is the law in Saratoga,-as it stands today. Councilmember Monia expressed concern about the ordinance being too detailed and becoming too much work for staff. He suggested sending this back to the Planning Commission for review. Councilmember Burger feels this could be fine tuned when the Ordinance is in place. MONIA/KOHLER MOVED TO SEND THIS ORDINANCE TO THE PLANNING COMMISSION FOR REVIEW. Mayor Anderson stated the Planning Commission may want to have a study session and invite some businesses. The above motion was carried 5-0. C. Cable Televlslon Franchise Hearing - Revise Cable Televlslon Franchise Ordinance and Consider an Agreement to extend the Current Franchise with South Bay Cablevision under certain terms and conditions There was consensus to continue this hearing to March 17. C. Results of Chamber of Commerce Survey Concerning Celebrate Saratoga Festival (to be presented at meeting) Mr. Wisner, Chamber of Commerce, read the "Celebrate Saratoga Opinion Survey" and relayed the results. He also reviewed his letter addressed to the Council dated February 17, 1993. He expressed concern about moving this function to Sunday night and losing some of the customers. He also feels it is more difficult to get volunteers on a Sunday night. Mr. Robert Egan stated that four restaurants responded to the survey, two agreed to keep it on Saturday night and two agreed to change the night. City Council Minutes 11 February 17, 1993 Mr. Klaus Pache spoke in support of changing the Celebration to Sunday and holding it from noon to 6 p.m. Me stated the Saturday night Celebration cuts into the restaurants~ revenues and does not feel other restaurants in the City are aware of the survey. Councilmember Monia expressed concern about the weather being too hot if the Celebration was held Sunday from noon to 6 p.m. He stated he would prefer the night time. Councilmember Monia asked why the City is involved in this matter. City Manager Peacock stated this was put on a previous agenda aS a result of written communications received from restaurant owners requesting the change. MONIA/TUCKER MOVED TO RECEIVE AND FILE. PASSED 5-0. 7. NEW BUSINESS A. Final Agenda for Policy Development Conference Mar. 12-13 City Manager Peacock stated the Policy Development Conference will be held at the Senior Day Care Center. Councilmember Tucker stated the Council should talk about a "Mission Statement" for the City Council. City Manager Peacock stated this will be discussed under item 9. He noted the items on the Policy Development Conference Agenda will be parcelled out to staff to write background reports. Me stated the reports will then be given to the City Council for review. Mayor Anderson suggested, under item 11, staff do some investigating to find out how cafeteria benefits could be offered to employees as an option. B. Memo Authorizing Publicity for Upcoming Hearings - ADA Plan~ GTE Mobilnet Appeal Councilmember Burger asked if the ADA Plan would include community egroups- city Manager Peacock stated they have formed an Outreach committee who is involved in the process. C. Auditor Selection Ms. Patricia Shriver, Finance Director, presented the staff report dated February 17, 1993. She stated the Finance Committee went through the selection process. She added staff did negotiate with Maze and Associates for a reduction of their proposed fee and they are now saving approximately 20 percent.~ BURGER/TUCKER MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE ENGAGEMENT LETTER WITH MAZEANDASSOCIATES FOR ANINDEPENDENTFINANCIAL AUDIT OF THE CITY OF SARATOGA. PASSED 5-0. Councilmember Monia noted that a report, such as the Auditor selection, should be on the Consent Calendar. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 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 City Council Minutes 12 February 17, 1993 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 16. School Resource Officer Task Force - Monia Councilmember Tucker reported' on the Santa Clara County Cities Association. She noted SCCCA decided to form an Independent Legislative Task Force who would meet two weeks before the normal meeting. She noted people from the Council are asked to be part of this Task Force. Councilmember Tucker agreed to serve on this Task Force. She noted Barbara Tryon from Los Altos' Hills, is trying to get credit for housing if the City grants funds to neighboring cities. Councilmember Burger stated Mr. Gissler will be retiring from the West Valley Sanitation District. Mayor Anderson reported on the Mayors and Managers Meeting. She noted they have selected an alternate to the Local Transportation Authority. She also stated that Barbara Koppel was appointed by the Board of Supervisors to the Air Board to take the place of Diane McKenna. She noted this will have to go through Santa Clara County Cities Association for approval. C. General Council Items 10. ADJOURNMENT The meeting adjourned at 11:25 p.m. to a closed session and then to 6:30 p.m. on February 23 for joint meeting with Saratoga Union School District 11. CLOSED SESSION on personnel matters - City Attorney Performance Evaluation, San Jose Lendfill Tax Litigation, Public Nuisance Action re: Callahan and Katz and Complaint about public employee. In closed session the City Attorney was instructed to make no further change to the litigation agreement on the San Jose Lendfill Tax matter. The annual performance evaluation of the City Attorney was continued to the closed session on February 23. Respectfully submitted, Catherine M. Minutes Clerk