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HomeMy WebLinkAbout04-07-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 7, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:30 p.m. - Interview Heritage Preservation Commission Applicants Council Meeting Room adjacent to Theater Lobby, 13777 FruitSale Ave. The meeting was called to order at 7:36 p.m. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Tucker, Burger, Monia, Kohler, Mayor Anderson Staff Present: City Engineer Perlin, City Attorney Riback, Finance Director Shriver, Planning Director Curtis and Assistant to City Manager King 2. CEREMONIAL ITEMS A. Proclamation concerning Armed Forces Day on May 15, 1993, commemorating the sixtieth anniversary of the United States Navy at Moffett Field 3. ROUTINE MATTERS A. Approval of Minutes - 3/9; 3/17; 3/23 KOHLER/MONIA MOVED TO APPROVE THE MINUTES OF 3/9, AS PRESENTED. PASSED BURGER/TUCKER MOVED TO APPROVE THE MINUTES OF 3/17, AS PRESENTED. PASSED 5-0. KOHLER/BURGER MOVED TO APPROVE THE MINUTES OF 3/23, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/TUCKER 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 April 2. 4. CONSENT CALENDAR A. Planning Commission Actions, 3/24 - Noted and filed. B. Heritage Preservation Commission Minutes, 2/9; 3/9 Noted and filed. C. Library Commission Minutes, 1/27; 2/24 - Noted and filed. D. Revised Schedule of Dates for 1993 Policy Development Calendar - Approved. E. Ordinance 71.122 amending City Code to regulate operation of businesses in any professional and administrative office or commercial zoning district during late night-early morning hours (second reading and adoption) F. Resolution 93-011 denying Kinnier Appeal heard 3/17 G. CAFR, Single Audit Reports, Internal Control - Noted and filed. City Council Minutes 2 April 7, 1993 MONIA/KOHLER MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS ~ THE PUBLIC A. REPORT FROM CITY MANAGER: FOLLO~0P ON PREVIOUS ORAL COMMUNICATIONS - None requested by Council. B. ORAL COMMUNICATIONS Mr. Robert Barr, 13914 Camino Earco, expressed concern about the parking lot lights in the church adjoining his property. He stated the' lights have been turned off during the week, but stay on over the weekend. He stated he would like to see the lights taken down to be in conformance with City code. Mayor Anderson asked the staff to look into this. City Attorney Riback stated there is nothing in the Ordinance regarding height of the lights. E.T. Barco, Camino Barco, feels this problem has existed for several months. He noted the property owners are not complying with City Council direction. He urged the Council to remove the lights. He addressed a study he did on parking lot lights. Mr. Jim Reikes, 20541 Leonard Road, stated that Leonard Road is a public safety hazard due to lack of maintenance. He submitted a letter from a neighbor complaining about the condition of the road and a solution to the problem. He stated he would like to formally request that the City Council pass a resolution for the intention of forming an assessment district. He asked the City Council to request the City Engineer to bring forth bids, as well as financing alternatives to be presented to the Council for discussion. Mr. Reikes expressed concern about the process of information that the Council and the public receive. He also expressed concern about the lack of responsiveness from staff. Councilmember Kohler noted he visited the road and feels this is.an emergency item and should be placed on the agenda. KOHLER/MONIA MOVED TO ADD THIS DISCUSSION TO THE AGENDA AS A EMERGENCY ITEM. Mayor Anderson expressed concern about not informing the neighbors of this discussion and suggested placing it on the agenda for the next meeting. Mr. Reikes informed the Council of several surveys taken in the past. He noted the neighborhood is in favor of an assessment district. Councilmember Monia stated he would support the motion in order to obtain information from staff, but will not make a decision at this time. The above motion was carried 5-0. Mr. Gary Hansen, 13289 Via Madronas, noted he has sent communication asking the City Council to consider agendizing a proposal for an interest in presenting to the City Council a master plan of the Paul Masson Mountain Winery. He stated he would appreciate the option to present the Mountain Winery Master Plan on an informal basis to the City Council. Mr. Tom deRegt, New Cities Inv. Co., 9781 Blue Larkspur Ln., Monterey, noted he is a consultant with Bank of America and has been working with Dividend and the City regarding the Paul Masson site on Saratoga Ave. He stated they are requesting to be placed on the agenda for the joint study session with the Planning Commission and City Council. Mr. Richard Oliver, 3600 Pruneridge Ave., #340, stated he concurs with Mr. deRegt regarding the study session. He stated they are under time City Council Minutes 3 April 7, 1993 constraints and need to move forward with this. C. WRITTEN COMMUNICATIONS 1) Bob Dinsen, Mayor of Garden Grove, requesting support for ballot initiative on tax revenue for local governments. Mayor Anderson stated the City is working with the League of California Cities and this letter should be noted and filed. Councilmember Monia suggested sending a note of encouragement and ask for more information. MONIA/BURGER MOVED TO RECEIVE AND FILE. PASSED 5-0. 2) San Jose Symphony Request for Signs Ms. Ann Hexamer stated the fee requested for signs was waived last year. She noted she has been informed that there is no fee for the signs. Planning Director Curtis stated there is an application fee of $71. He stated last year the fee was waived, but because of budget constraints this year, the fee has been collected for all applications. KOHLER/MONIA MOVED TO APPROVE REQUEST AND APPLY THE FEE. PASSED 5-0. 3) Parents Nurser~ Request for Signs MONIA/KOHLER MOVED TO APPROVE THE REQUEST FOR A SPECIAL PERMIT TO ERECT TEMPORARY SIGNAGE IN DESIGNATED ZONE DISTRICTS. PASSED-5-0. 6. OLD BUSINESS A. Report from Environmental Programs Manager on sampling Procedures for Saratoga Creek City Engineer Perlin presented the staff report dated April 1, 1993. Be noted this is a follow up report on the comments raised at the last Council meeting. He added he did review the first video tape of the storm drain system. He stated they will know more about the storm drain system after they meet with the Regional Water Board. In response to Councilmember Monia's question, Mr. Perlin stated staff will be able to respond to the Regional Water Board by April 23rd. Mayor Anderson stated the meeting with the Regional Water Board is important to find out what they want in the letter of response. She expressed concern about budget constraints and costs being passed on to the City. City Engineer Perlin stated staff is arranging a meeting in which six agencies will participate. Mayor Anderson addressed the testing of the creek water, noting this testing will have to be repeated as the last testing was done during a rain storm, which makes the results invalid. Councilmember Monia requested that staff find out if the Regional Water Board's requests are different from what is required in the permit. He also requested information on the testing and if the City did follow the correct procedure. B. Heritage Preservation Commission Items: 1) Report from Finance Director on Heritage Trust Fund 2) Report from Heritage Preservation Commission on sales Price of Heritage Inventory Book City Council Minutes 4 April 7, 1993 Ms. Patricia Shriver, Finance Director, presented the staff report datedApril 7, 1993. She stated this is a budget priority decision and the focus is to recover the money spent from the General Fund. Mr. Norm Koepernik stated the Heritage Preservation Commission would like to maintain the funds so they do not have to come to the Council to request additional funds. He stated it was never indicated at any time that they would have to pay back the funds. Mr. Larry Fine, Heritage Preservation Commissioner, explained the money received from the city's General Fund and the money spent on the publishing of the books. Mayor Anderson discussed the Heritage Preservation Trust Fund Reportas presented by staff. Ms. Shriver explained the fund and noted that the City has complied with the requests from the Federal Government to receive the funds from them. She stated if the Council did not take any action at this time the Heritage Preservation Commission would still have $3930 in their trust fund. City Engineer Perlin stated the question is if the City wants to recover the $5,000 spent out of the General Fund. Ms. Shriver stated the City must set budgeting priorities in the future. She noted if the Heritage Preservation Commission keeps the money granted to them plus the proceeds of the sale of the books, then the City is therefore allocating money to this Commission. Councilmember Monia stated the City did make a contract to help promote the book and suggested splitting the proceeds of the book sales until the City receives the $5,000 spent out of the General Fund. MONIA/BURGER MOVED TO SET THE PRICE AT $15 .POR THE BOOKS AND THE REVENUE OF THE SALE TO BE SPLIT 50-50 BETWEEN THE GENERAL FUND AND THE HERITAGE PRESERVATION COMMISSION UNTIL THE GENERAL FUND RECOVERS $5,000. Councilmember Tucker stated the book should be sold at $16 as this is what it cost to publish. Mr. Koepernik stated the purpose of the Trust Fund is to generate funds to do projects without going through the City Council. He noted the initial understanding was that this was an in-kind service, not to be paid back. The above motion was carried 5-0. Mayor Anderson moved to the public hearings at 8:40 p.m. 8. PUBLIC HEARINGS A. Appeal of conditions of approval of variance to allow the replacement and extension of an existing retaining wall with a maximum height of 14 feet on a property of 1.25 acres at 13877 Upperhill Ct. in an R-1-40,000 zone district (Appellant/applicant, W. Johnson)(V-92-023) Planning Director Curtis stated he did call Mr. Johnson's attorney and spoke to Mr. Frank Small, who said they were responding on behalf of their clients, but did not attend the meeting as they felt this was not a major issue. Planning Director Curtis presented the staff report dated April 7, 1993. He noted the Planning Commission voted unanimously to approve the wall per staff's recommendation and the applicant is appealing this. Mr. Curtis answered various questions of the Councilmembers regarding the height and placement of the wall. He noted a condition was included that required the fence to be off-set from the wall by two feet to provide some relief to the wall and to minimize the visual City Council Hinutes 5 April 7, 1993 height of the wall. Councilmembers Monia, Burger and Tucker noted they did visit this site. In response to Councilmember Monia's question regarding the maximum height allowed in the Ordinance~ Mr. Curtis stated staff felt the applicant should be allowed to rebuild what was already there. Mayor Anderson opened the public hearing at 8:52 p.m. Mr. Johnson, 13877 Upperhill Court, noted he talked to the Allstate Agent regarding this wall. He outlined the soil testing which has taken place as well as design review. Mr. Johnson reviewed the plans with the Council outlining the position of the wall and the height at various locations. He noted drainage would be more adequate with the wall as proposed by him. He noted the fence being moved back as proposed by staff is appropriate, but the drainage ditch will have to be maintained and this will be difficult. Regarding Condition 3b, Mr. Johnson stated it is his understanding that the trees will be planted near the edge of the wall up slope. Councilmember Monia stated the reason for the trees being planted on the down slope is to mitigate the visual impact of the wall. The Councilmembers discussed the height of the entire wall. Mr. Johnson stated that vegetation will be planted to mitigate the visual impact. In response to Councilmember Monia's question regarding the loss of trees, Planning Director Curtis noted the Arborist's report stated that both trees are in danger no matter what plan is approved. Mr. Johnson stated the Arborist established that the trees only have a life span of three years. Mayor Anderson closed the public hearing at 9:08 p.m. Councilmember Tucker stated the Ordinance requires the least impact on the downhill property. She expressed concern about additional height and asked if staff would entertain this application if this was a new wall being built. Mayor Anderson expressed concern about proceeding with this without a geological report. She feels the site is in poor condition and would like a report before moving forward. Councilmember Monia stated if this was a new wall being built, it would be difficult to make the findings to allow the applicant to build this wall. He noted they are dealing. with an existing situation and the question is if the property owner can build what he had before. He expressed concern about the height of the wall and safety. In response to Councilmembers' questions, Mr. Perlin stated there is no record in the City's file that the existing wall went through the correct process. Councilmember Burger stated the geology of the site needs to be discussed more and she would like to see the reports as addressed by Mr. Johnson. Councilmember Kohler stated it is the job of the Planning Commission to look into the geology reports and see if they are adequate. City Engineer Perlin stated a typical process would require a geotechnical clearance prior to the application being submitted to the Planning Commission. He stated in this particular application, there was concern whether or not the application, as proposed, would receive approval from the Planning Commission and this is the reason the geotechnical study was not required. He noted Condition 7 does cover this concern. He stated the design criteria can be established regardless of the location of the wall. City Council Minutes 6 April 7, 1993 Mayor Anderson expressed concern about. the visual'impact of the wall if it is brought forward 20 feet. Councilmember Monia spoke in favor of stepping the wall 5 feet. Planning Dir. stated there would be several 5 ft. retaining walls; staff was trying to let the applicant build what previously existed. MONIA/KOHLER MOVED TO DENY THE APPELLANT,8 REQUEST AND UPHOLD THE CONDITIONS OF RESOLUTION V-92-023 ADOPTED BY THE PLANNING COMMISSION. Councilmember Tucker asked if the motion included the setback for the .picket fence. MONIA/KOHLER MOVED TO MODIFY THE MOTION TO REMOVE THE CONDITION CONCERNING THE SETBACK ON THE PICKET .FENCE AND THE LIMIT NOT TO EXCEED 32' INCHES~ THE COLOR SHOULD BE EARTH TONE. Councilmember Burger noted she would vote against this motion because staff indicated that the aesthetics appear to be a major concern. She stated she does not see any difference in the visual impact between the wall as it stood before it failed and the proposed wall which could be mitigated by vegetation. She added moving the fence up flush with the wall is a good idea. Mayor Anderson spoke in favor of the motion. The above motion with the modification was passed 3-2 (Tucker, Burger No) Councilmember Burger's opposition was based on the idea that the property owners should be able to enjoy the full economic benefit of their property. Councilmember Tucker feels the applicant's proposal will have less impact than the plan approved. Councilmember Kohler spoke in favor of the Planning Commission's vote. B. Cable Television Franchise Hearing - Revise Cable Television Franchise Ordinance and consider an Agreement to extend the current Franchise with South Bay cablevision under certain terms and conditions Ms. Carolyn King, Assistant to the City Manager, presented the staff report dated April 7, 1993. Mr. Richard Littorno, City Consultant, went through a check list of what was negotiated between Southbay Cable and the City, as outlined in the documents presented to the Council. Mayor Anderson expressed concern about going ahead with this franchise before the FCC regulations have been finalized. Mr. Littorno stated heis unsure at this time what the FCC regulations will require and the Council may want to hold decisions until FCC puts their regulations forward. Councilmember Monia requested word changes in the Franchise Agreement for clarification. Mr. Littorno stated changes will be made. In response to Councilmember Monia's question regarding "roll back", Mr. Littorno stated the trade journals speculate that there may be a roll back after September 1992. He stated it will not be cash, but credit. He stated his research indicates that there will be a minimum of 10 percent reduction in rates. Regarding hook-ups, Mr. Littorno stated the existing ordinance provides for a density requirement hook- up of 50 homes per mile; staff is proposing to reduce this number. Councilmember Burger stated there are a number of homes which do not meet the density range to receive cable. In response to Councilmembers' questions, Mr. Littorno stated more City Council Minutes 7 April 7, 1993 homes will be hooked up with the new system. He added that cable will run through the existing pipe. Mr. Littorno stated the cable system will be completed within 18 months from the effective date of the agreement. Councilmember Monia requested information on competitive costs. Mayor Anderson opened the public hearing at 10:02 p.m. Mr. Aaron Katz, P.O. Box 116, stated there are two issues: 1. Whether or not the Council should approve the new ordinance and approve the proposed contract; 2. A February 12, 1993 request by the cable operators regarding transfer of ownership in excess of 20 percent. City Engineer Perlin stated the issue before the Council is the Ordinance and the Franchise Agreement, not the transfer of ownership. City Attorney Riback stated the City has received the required transfer fee from the applicant and the City will not process this request. He noted the City's Consultant will have to review the financial data and make recommendations. Mr. Riback stated this issue will be addressed within the next six weeks. Mr. Katz stated the City does not have to wait for FCC regulations to regulate rates according to the existing agreement. He feels the City should roll back rate increases since September 1991. Mr. Katz stated the City should find out how much the cable cost of operation is and then decide on the rates. He stated the benefits reiterated by Mr. Littorno will be granted whether this ordinance is passed. He urged the Council not to make any decisions at this time until they receive more information. Mr Katz made reference to the Los Gatos Weekly regarding that City entering into an agreement with a cable company. Mr. John Mallen, Attorney, stated he is representing four property owners in Saratoga Heights who do not have cable. He noted these residents have been asked to pay $1500 each to hook-up cable to their homes. He feels these residents should not have to pay more than other property owners within the City. He requested that the Council include, as a condition, that these four homes be hooked up to cable as other homes in Saratoga are. Councilmember Monia stated this is a difficult issue as residents on the flat lands don't want to pay more to subsidize people who live in the hillsides. Mr. Mallen stated the City Council should require that cable be provided to the entire City. Councilmember Kohler suggested reducing the density range to catch more homes. Mrs McVay, Congress Hall Lane, questioned the installation rates and if Southbay Cable will comply with the FCC regulations. She stated there are 37 homes in Saratoga Heights within 1.4 mile radius who do not have cable. Mr. John McVay, Congress Hall Lane, stated the residents all equally subsidize the police and fire and feels they are entitled to receive cable. He urged the Council not to approve this until the Cable Company is willing to provide cable to all residents. Ms. Jayne Ascher, Congress Hall Ln., expressed concern about the lack of competition with the Cable Company. She also expressed concern about not being able to receive local news and feels they are subsidizing cable to other residents through their property tax. Mr. Roger Lee, resident, stated it is important that the Council be well informed before making any decisions. He noted they need to understand why the City is being asked to accept what is being proposed. He asked if the Council feels they have had a fair assessment of what could be installed or are they acting on what Southbay Cable put forth. He expressed concern about a 15 year City Council Minutes 8 April 7, 1993 agreement and being unable to demand updates on new technology. He suggested limiting the length of the agreement to ensure they maintain a state of the art system. Mayor Anderson closed the public hearing at 10:33 p.m. In response to Councilmembers' questions Mr. Littorno stated the 1992 Cable Act does not make any provision with respect to installation cost and density. He reiterated a 1977 agreement regarding regulation of rates. He noted this is general language and does not give the City much to work with and the new provision provides more control over rate increase. Regarding updating new technology in the future, Littorno stated this has not been addressed as it is difficult to pre- determine what the specifications for the system will be in the future. He stated there are evaluation sections in the Ordinance and this topic can be discussed at that time. Councilmember Monia suggested an additional paragraph in the ordinance addressing the upgrading of technology when it becomes available. In response to Councilmember Monia's question regarding the cost to hook-up the remaining homes within the City, Mr. Littorno stated they did require Southbay to do a study on this. He noted in his experience there is a density requirement in all franchise agreements. The Council briefly discussed the cost of providing cable to the remaining homes within the City. Mayor Anderson stated it is common place to pay more for utilities if you live off the main road. She noted people moving into Saratoga should be aware of this extra cost during negotiations. Councilmember Burger stated she met with Mrs McVay and also spoke to Southbay Cable. She stated the installation costs should be worked out with the Cable Company and the residents of Saratoga Heights. She stated she would like to see all the homes in Saratoga hooked-up to cable and the costs should be assessed as the garbage rates are. Councilmember Burger stated the Council should look at the tiered rate schedule. She expressed concern about some of the programming provided by cable. She addressed an article in the San Jose Mercury News regarding MTV and feels this should be a premium channel. She stated she would rather see cable provide channels such as the learning channel and expressed concerned about the quality of entertainment. Mayor Anderson concurred with Councilmember Burger regarding MTV, and would like this channel blocked out if possible. She also expressed concern about the senior rate proposed. She feels this should be for low income persons, as this was a previous agreement of the Council. Mr. Haggerty, Southbay Cablevision, addressed the right to present programming in a diverse population. He stated they could provide to customers a number of ways in which programs such as MTV can be blocked. He added that this will require some cost. He does not feel that MTV should be controlled, but the Cable Company will make a device available to block this channel. Councilmember Monia stated the Cable Company should not be responsible for controlling what parents should control. Councilmember Monia reiterated the areas to be considered: Tier rate schedule, Consider roll backs, Senior rates, Add a paragraph indicating that the Council can demand upgrading the system. Councilmember Monia stated he is not willing to make any .decisions until they understand the regulations from FCC. Councilmember Kohler stated the emphasis should be put on service as this is important to everyone. He noted the density range should be looked into and noted he would like to see a cross calculation of City Council Minutes 9 April 7, 1993 density vs. cost of hook-up to individual homes. He agreed that the tiered rate schedule should be addressed. Mr. Littorno reiterated the number of homes without cable at this time and the money involved to provide cable at the different density ranges. Mr. Haggetty stated 85 new homes within the City will be provided with Cable and this was included in the agreement. He stated additional homes which do not meet the density range will cost more to provide cable. City Engineer Perlin suggested that this item be continued to allow staff to work with Mr. Littorno and the Cable Company on the issues raised at this meeting. C. Establishment of City Position regarding Allocation of Santa Clara County ISTEA Funds City Engineer Perlin presented the staff report dated April 7, 1993. He noted the City has been asked to take a position and report back to the Congestion Management Agency Board. He noted it is his recommendation that the funds be allocated to the Measure A fund. The Councilmembers briefly discussed the position the City should take and felt they would like to show support to the neighboring cities who requested the ISTEA funds and rather than oppose this they would take no action. D. Policy Development Conference Notes from March 26-27, 1993 The Councilmembers went through the policy development conference notes and made the necessary changes. Councilmember Monia addressed the Employee Housing Assistance Funding and expressed concern about this not being included in the budget discussions. The Council discussed the budget Cuts the City has made. Councilmember Monia stated that the housing assistance funds should have been part of the budget discussion process. He spoke in favor of releasing these funds. Mayor Anderson stated this fund can be used for projects other than housing assistance. She spoke in favor of making the budget cuts previously discussed and retain the reserve funds. The Council discussed the operating and reserve funds. City Engineer Perlin stated the question is if the Council wants to continue the policy of allowing General Fund reserves to be used for Department Head housing assistance program. Mayor Anderson stated she would favor releasing the funds, but they should not be spent at this time. Councilmember Burger asked staff to look into this. Mayor Anderson suggested discussing this at the joint meeting with the Finance Committee. 7. NEW BUSINESS A. Approval of Cooperative Agreement with Santa Clara County Traffic Authority regarding Reimbursement for Measure A Improvements for former Paul Masson Winery site on Saratoga Avenue City Engineer Perlin presented the staff report dated April 7, 1993. Mr. Perlin and City Attorney Riback noted the changes they made. City Council Ninutes l0 April 7, 1993 KOHLER/BURGER MOVED TO APPROVE THE COOPERATIVE AGREEMENT WITH SANTA CLARA COUNTY TRAFFIC AUTHORITY WiTH THE CHANGES OUTLINED BY THE CITY ENGINEER AND THE CITY ATTORNEY. PASSED 5-0. B. Memo Authorizing Publicity for Upcoming Hearings - None 9. CITY COUNCIL ITEMS Emergency item regarding Leonard Road. City Engineer Perlin stated Leonard Road is a private road and therefore cannot be maintained by the City. He stated some portions of the street have been dedicated to the City and the City is responsible for maintaining these portions. He noted a petition was submitted to the City to initiate and assessment process to improve Leonard Road. He stated staff will investigate alternative assessment processes that may be feasible and will arrange a meeting with the property owners. He noted preliminary cost ~and design has been identified, but stated the problem is that staff cannot identify an assessment process that would be feasible for the property owners. He added the petition indicated that a pay back period was requested to do the improvements on Leonard Road. He noted the total project is 870,000 - $80,000. In response to Councilmember Monia's question, City Engineer Perlin stated that staff hopes to have a meeting with the property owners this month and present the options available. He stated the intention is to bring the street up to public standards and then accept it into the City. He stated the petition from the neighbors indicated they requested a pay back system. The Councilmembers discussed the issue of funding the money for 'these improvements with a pay back system. City Attorney Riback stated this is private property so staff needs to explore this situation and find ways to fund this property while it is still private property. Mr. Reikes, 20541 Leonard Road, stated this is an emergency situation and noted water runs onto private property from City-maintained improvements. He added the City has to look at different assessment options and.this should be done soon. Mr. Reikes stated this is a problem because neither the County nor the City maintains the road. He suggested that staff and the residents have a meeting prior to the next Council meeting and present any information staff may have. Councilmember Monia stated the City does not look upon a private road as its responsibility until it is accepted by the City. He stated if the majority of people want the road brought up to City standards, this should be done. In response to Councilmember Kohler's question City Attorney Riback stated, in general, the City is not liable'for the condition of a private road. Mr. Reikes stated public curbs and gutters deposits water onto the private road which causes erosion of private property. He feels the City should be liable for this. He added this is a safety issue. Mayor Anderson suggested directing staff to move forward on this and the City should look into lending money to bring the road up to City standards. City Engineer stated a letter will go out next week and a meeting will be held in a few weeks. In response to Councilmember Kohler's question, City Attorney Riback stated if private property represents a public nuisance the City can take action. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications City Council Minutes 11 April 7, 1993 B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Tucker 6. IGC - Kohler 7. Flood Control Advisory Board - Burger 8. League of Cities Peninsula Division - Tucker 9. Water District Commission - Anderson 10 Santa Clara County Cities Association - Tucker 11 Sister City.Committee - Burger 12 Traffic Authority Policy Advisory Board - Tucker 13 Transit Assist Board - Burger 14 'Senior Coordinating Committee - Burger 15 West Valley Sanitation District - Burger 16 School Resource Officer Task Force - Monia Councilmember Tucker stated Hakone Foundation would like to set a date for their meeting with the City Council. She addressed the Cities Association Task Force noting that a Councilmember needs to attend these meetings. C. General Council Items 1) Agenda items for Joint Meeting with Planning Commission on April 13 Planning Director Curtis stated he received a letter regarding the Paul Masson site requesting a joint meeting with the Planning Commission and City Council noting this is on the agenda for the Council to decide tonight. He noted there is also a request from the Mountain Winery to attend the joint meeting to discuss development concepts on that property. Mr. Thomas deRegt stated they did ask for this joint meeting in November as they would like to give input as to the development of this site. He noted they need to apply for an extension in June and would like some input before this. He feels the property owners should be involved in the early discussions. He added they will meet with neighbors and staff to move this process forward. The Council agreed to place this on the agenda. Mr. Gary Hansen, Mountain Winery, stated they have a general plan and would like to present this to the Council for input. He stated they would like a meeting with the Planning Commission and City Council to discuss what could be done on this property if annexed into the City of Saratoga. The Council agreed to place this on the agenda. 2) Appoint LTA Pollcy Advisor~ Board Representative Councilmember Kohler was appointed to attend the first meeting of the Policy Advisory Board. 3) Appointment of Heritage Preservation Commissioners Mayor Anderson noted that Frank Dutro has been appointed to the Heritage Preservation Commission and Linda Davis and Willys Peck were reappointed. 4) Set date and agenda items for Joint Meeting with Hakone Foundation Tuesday, April 27, 1993 was the date set for the joint meeting with Hakone Foundation. No additional items were added. 5) Discussion of Ex-Parte Communications - Mayor City Council Minutes 12 April 7, 1993 Kuderson City Attorney Riback stated Councilmembers must raise any information they receive from ex-parte communication at the public hearing if this particular information is their basis for a decision at the meeting. He stated this is based on the legal issue regarding due process. He added there are no restrictions about two councilmembers discussing a matter on the agenda, as long as they do not arrive at a decision. Councilmember Monia asked staff to look into cancelling one Council meeting in July. 10. closed Session - None. 11. ADJOURNMENT- The meeting adjourned at 12:50 a.m. to Joint Meeting with Planning Commission on April 13, 1993, at 7:30 p.m. in the Administration Conference Room. Respectfully submitted, Catherine M. Minutes Clerk