HomeMy WebLinkAbout01-19-1994 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, January 19, 1994 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
The meeting was called to order at 7:38 p.m.
Pledge of Allegiance
Mayor Tucker dedicated the~Pledge of Allegiance in memDry of Larry
Perlin's father.
1. ROLL CALL
Councilmembers Present: Anderson, Burger, Kohler, Monia Mayor Tucker
Staff Present: City Manager Peacock, City Attorney Riba(
Mayor Tucker thanked Pepsi for the drinks provided.
2'. CEREMONIAL ITEMS
A. Resolution commending Rollin Swanson for Serv~.ce on Public
Safety Commission
Mayor Tucker presented a resolution to Rollin Swanson fc.r service on
the Public Safety Commission.
B. Presentation of Commemorative Yearbook by Chi~f Sporleder,
Central Fire District
Chief Sporleder stated they sold enough of the yearbooks Lo allow them
to donate one to each Councilmember. He introduced the allthor and the
editor, and they presented the books to the Councilmembers.
C. Proclamation for Dr. Betty Pacheco, Superintend, nt of Schools
for Fremont Union High School District
Mayor Tucker noted Dr. Betty Pacheco is retiring after s,~ven years of
service.
3. ROUTINE MATTERS
A. Approval of Minutes - 1/5; 1/11
Councilmember Burger made the following amendments to t~e minutes of
1/5:
Page 4, second paragraph, add the words "was on the agen~[a" after the
word "matter" .
Page 14, under her comments replace the word "City" with "Village".
Mayor Tucker made the following amendments to the minute! of 1/5:
Page 13, last paragraph before item C, should read "{iouncilmember
Anderson..."
KOHLER/MONIA MOVED T6 APPROVE THE MINUTES OF 1/5 WITH THE ABOVE
AMENDMENTS. PASSED 5-0.
ANDERSON/BURGER MOVED TO APPROVE THE MINUTES OF 1/11, S PRESENTED.
PASSED 5-0.
B. Approval of Warrant LiSt
MONIA/ANDERSON MOVED TO APPROVE THE WARRANT LIST. PASSE] 5-0.
Councilmember Kohler noted he has not seen any expenses f, r dead deer.
City Mgnager Peacock stated they still have a separate co]tract and if
there is no billing, then deer have not been picked up.
City Council Minutes 2 Janua~ry 19, 1994
C. Report of City Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for thi~ meeting was
properly posted on January 14.
4. CONSENT CALENDAR
A. Previously-Discussed Items
1) Resolution denying Masek Appeal of Bistro Approval
2) Ordinance amending Various Sections of Cha ~ter 4 of the
City Code pertaining to Business Reglllations and
Business License Fees (second reading and adoption)
Councilmember Monia requested that item 1 be removed.
He questioned the owner of this property waiving the rig]it to protest
on other property he owns within the same building.
City Manager Peacock stated the property owner must a~here to the
conditions of the resolution for his entire property.
MONIA/KOHLER MOVED TO APPROVE THE RESOLUTION. PASSED 5-~.
MONIA/BURGER MOVED TO ADOPT THE ORDINANCE BY. TITLE NLY, WAIVING
FURTHER READING. PASSED 5-0.
New Items
1) Planning Commission Actions, 1/12 - Notec and filed.
2) Public Safety Commission Minutes, 12/13 - Noted and
filed.
3) Resolution appropriating funds for geolog~ consultant
4) City Financial Reports for December:
a) Treasurer,s Report
b) Investment Report
c) Financial Report
Councilmember Kohler asked for item 5 to be removed.
BURGER/MONIA MOVED TO APPROVE ITEMS i THROUGH 4 OF THE CONSENT
CALENDAR. PASSED 5-0.
5) Quarterly Quarry Creek Trust Report
Councilmember Kohler stated there is still $60,000 in thz.s trust fund
and asked about money being spent on this project.
Mr. Peacock stated the money spent is progress payments ~o Harvey and
Associates for design work.
In response to Councilmember Kohler's question, Mr. Peacc~k stated the
total budget for Quarry Creek and West Valley College is$60,000.
Councilmember Anderson pointed out that item 4B4c, is comparative
financial statement for the City, and the Council rece red in their
packets a table which showed how the City Counci2 budget was
progressing. 'She stated she would like an analysis of year end
expenditures for the City Council budget only, and requ, sted a break
down of attorney's fees.
BURGER/MONIA MOVED TO APPROVE ITEM 4B5. PASSED 5-0.
City council Minutes 3 January 19, 1994
5. COMMUNICATIONS FROM COMMISSIONS_AND THE PUBLIC
A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL C~)MMUNICATIONS
- None.
B. ORAL COMMUNICATIONS
1) Presentation by Jack Lucas, Monte S~reno City
Councilmember and Representative on TraffLc Authority,
requesting Council action on bricks or Route 85
soundwall.
City Manager Peacock stated that Mr. Lucas will not be p ~sent at this
meeting. There was a consensus of the Council to writ a letter of
appreciation to Mr. Lucas.
Mr. Jeff Schwartz, San Marcos Road, stated in the San Jose Mercury
News, the City Attorney commented on the cellular antenn~ siting. He
noted the City Attorney was directed by the Council not zo answer any
questions because this was a closed issue. Mr. Schwartz noted he has
asked questions several times, both oral and written, and has not
received an answer. He expressed concern about residents not receiving
answers to questions, but the same information being avahlable to the
media. He noted what was printed in.the newspaper, if iz is correct,
does not make sense. Mr. Schwartz addressed the article, and noted Mr.
Riback suggested there was no public controversy, but there was a
petition signed by 700 people.
Mr. Tim Casey, 14346 Wildwood Way, stated that drinkinc in Wildwood
park is becoming a major problem. He requested that th~ City Council
review the policy regarding this, and suggested that tl.ey create an
ordinance that allows drinking at this park for special events only.
He expressed concern about children playing in this pa]'k and people
drinking.
City Manager Peacock suggested referring this matter to 5he Parks and
Recreation Commission. He noted this issue has been ra..sed in other
parks within the City and may b~ it is time to re-examin~ the policy.
There was a consensus to refer this matter to the Parks a~d Recreation
Commission.
Councilmember Monia suggested asking the CSO's and Sheriff's Department
to drive by this park a few times a day.
C. WRITTEN COMMUNICATIONS
1) Letter from Jeffrey Schwartz asking numer)us questions
and asking the City to revise its cellu~.ar telephone
facilities regulations
Councilmember Tucker stated answers to Mr. Schwartz's questions will be
provided in writing.
City Manager Peacock stated the cellular siting has beel~ referred to
the Planning Commission and other matters will be res onded to and
signed by the Mayor.
Councilmember Kohler stated all these questions should ~ answered as
should other citizens concerns. He stated the question still remains,
whether the City should have done an EIR based on th~ information
received.
Councilmember Anderson read her report of her conversatic~ with Martha
Sullivan at the PUC and noted her report will be available at City Hall
for any interested party.
Mr. Schwartz stated there has been questions as to whether anyone has
come forward with evidence that harmful effects exist. He stated he
has addressed this issue in his letter. Mr. Schwartz note~ he did talk
to Martha Sullivan, who did not mention the 5 feet as addressed by
Cit~ Council Minutes 4 Januaz!y 19, 1994
Councilmember Anderson in her report, but a Negative Declaration is
adequate. Mr. Schwartz addressed studies done on sun lock, noting
they do not prevent skin cancer, as previously thought. Ie stated the
City should be prudent in avoiding risks with environmet ~al dangers.
Councilmember Anderson stated that Ms. Sullivan indicated that CEQA
will require an EIR if there ~s substantial public cont oversy. She
stated public controversy is the presentation of substantial data.
City Attorney Riback stated he will respond to Councilme ~ber Kohler's
question in writing regarding the. EIR.
City Manager Peacock stated there is a reference in t~ PUC report
which discusses emissions of 19 channels vs. 1 channel, .nd even with
19 channels they are below the ANSI standards.
Mr. Don Whetstone, Vickery Lane, stated he has read t~ report and
noted the only correlation between what Councilmember Anderson reported
and what is contained in the report is the 5 feet. Jr. Whetstone
stated the more channels operated, the more mega watts. stated each
channel in operation adds to the total radiated power.
Mr. Tim Casey, Wildwood Way, stated he deals with te nology on a
regular basis and noted if the transmitter is turned away this does not
prevent radiation. He stated it is not safe to stand behind these
transmitters. He noted the Council needs to conside~ maintenance
workers on the roof of the Coffee Exchange, as they will De exposed to
substantial radiation. Mr. Casey addressed CEQA guidel2.nes, section
15.382 and noted aesthetics is the last on the list to b~ considered.
He stated the two key issues are the creation of health hazard or
potential health hazard, and exposure to people of pote!ntial health
hazard. He stated there does not have to be physical concrete evidence
and noted the whole purpose of CEQA is to put the burden of making
determinations as to whether an EIR should be done on the lead agency.
In response to CoUncilmember Monia's question, Mr. Case~ stated CEQA
does not address radiation effects as a specific issue. He noted it
addresses potential public health hazards in general.
Councilmember Kohler stated he concurs with Mr. Casey and noted people
are in danger if they get too close to the antennas. He noted the
Cellular Company, when doing maintenance, must shut the ~ntennas off.
He stated this should be done for any maintenance on the roof.
Ms. Kathleen Amezcua, Coffee Exchange, asked if the ai]' conditioner
needs to be fixed, can they be assured that the cable company will turn
off the antenna. She noted she works 40 to 50'ft. from th~ antenna, 40
hours a week and expressed concern about her personal safety. She also
expressed concern about the effect of long-term exposure to low level
radiation and her employees being exposed.
In response to Councilmember Monia's question, Mr. Peacoc stated that
radiation emitt'ed is three dimensional.
Councilmember Burger addressed cellular antennas on auto 3biles which
are emitting and receiving and people are within 5 feet. ~he noted the
Council has. conducted its business on this issue in publ.c and people
do not agree with these decisions. She believes people ere appealing
to fear, uncertainty and doubt and the Council has not received any
scientific evidence to support their views. Councilmember Burger noted
she was elected to make these decisions and believes this matter has
gotten out of hand.
Councilmember Monia stated he senses a frustration from tie public and
believes it is the responsibility of the Council to be prudent. He
noted the body can tolerate certain contaminants at certaLn levels and
process them without any damage. He stated it is a densa.ty issue and
the risk is the accumulative effect. He noted science has proven, that
even low levels of carbon monoxide over long periods of ~ime continue
to destroy tissue.
City Council Minutes 5 Janua~'y 19, 1994
BURGER/ANDERSON MOVED TO RECEIVE AND FILE. CITY COUNCIL DIRECTED A
REVIEW OF CELLULAR SITING REGULATIONS BY THE PLANNING (OMMISSION ON
DECEMBER 15, 1993. DR. SCHWARTZ TO BE NOTIFIEDWHEN THIS~{ATTER IS SET
FOR HEARING BY THE COMMISSION. MAYOR TO PREPARE WRITTE~ RESPONSE TO
QUESTIONS AS APPROPRIATE. ALSO CITY ATTORNEYANSWER QUESTIONS AS ASKED
BY COUNCILMEMBER MONIA. PASSED 5-0.
Mayor Tucker moved to the public hearings at this time.
8. PUBLIC HEARINGS
A. Pavement Management: Review performance o~ the City's
Pavement Management Program for 1993-94, prop~sals for the
1994-95 work program and adequacy of funding to =arty out the
Program
City Manager Peacock presented the staff report dated January 19, 1994.
He stated this is an annual report to review the status ofthe Pavement
Management Program and also to propose the work to be done in the
coming year. He noted an analysis was prepared of the expenditures and
revenues for the various sources, as outlined in the staff report. He
addressed the utility user tax and noted if the Council dDes not renew
this tax for fiscal year 1995-96, the City would experi~nce a severe
deficit in this area of the budget. He stated staff recommends that
the City Council approve the report and authorize staff tc proceed with
the program for fiscal year.. He noted staff also recommends that the
City Council keep the utility user tax rate at 3 1/2 percent at this
time.
In response to Councilmember Anderson's question, City Manager Peacock
stated a pavement management program must be in plal:e to retain
eligibility to receive funds from the State.
Councilmember Anderson stated it was her suggestion at ~he League of
California Cities to make the pavement managementprogram requirement
to receive funds.
City Manager Peacock stated the Utility Tax sunsets on lne 30, 1995
and if the Council want to re-authorize they must adopt a new
ordinance.
City Manager Peacock stated the utility tax went into Tfect July 1,
1985. He noted when this was originally set up, half .he money was
placed into the capital budget to account for ~verlays and
reconstructions. He noted a policy decision was made ;everal years
later, that this is not truly a capital expenditure, becalse they were
just maintaining existing streets. He noted the money w~s then moved
into the street maintenance budget.
Councilmember Monia requested a list of items which have been added to
the pavement management program since 1985.
In response to Councilmember Anderson's question regardinc the business
license tax, City Manager Peacock stated when the '2ity Council
originally raised the business tax half of it was to go to the Pavement
Management Program. He stated they use a different caL:ulation now,
but it is basically the same figure.
Councilmember Monia requested copies of each year's cash flow model.
Mayor Tucker opened the public hearing at 8:50 p.m. Since no one
appeared so speak, she closed the public hearing at 8:50 p.m.
MONIA/KOHLER MOVED TO RECEIVE AND FILE THE REPORT AND PROCEED WITH THE
PROGRAM FOR THE COMING YEAR. PASSED 5-0.
Mayor Tucker returned to Written Communications.
2) Letter from Scott Schneider requesting that co'~ncil discuss
action regarding statements concerning cellular microwave
phone antennas made by GTE Attorney Peggy O'La'aghlin during
City Council Minutes 6 January 19, 1994
City Council meeting of 11Z3/93
Mr. Tim Casey, Wildwood Way, stated Mr. Schneider kad a family
emergency and could not attend this meeting. He reques~ed that this
item be tabled until the next meeting.
Councilmember Monia addressed the comments made by the ~]ity Attorney
and Ms. O'Laughlin, and City Attorney Riback stated he will respond to
Councilmember Monia in writing.
Mr. Casey read transcripts of Ms. O'Laughlin's comments tom the video
of the meeting, regarding the cellular antenna.
3) Letter from W. D. Whetstone requesting 1) repeal of
current cellular transmitter regulations, ) appointment
of special commission to prepare a new ~rdinance and
procedures, and 3) voiding the permit sued to GTE-
cellular One.
Mr. Don Whetstone, Vickery Ave., expressed concern about ~ot receiving
answers to his questions he has put in writing. H~ stated any
information he has presented has been factual. He noted he is not
convinced there is a problem with the cellular antenna, but is
convinced there are problems if a person is working on t~he roof. He
stated he is asking that CEQA guidelines be followed and b~lieves there
is enough evidence to look at this issue further. }r. Whetstone
addressed Dr. Polson's report regarding the operating channels and the
watts per channel. He noted there will be a combined total of 124,000
watts operating from the antenna.
In response to Councilmember Kohler's question, City Ma]~ager Peacock
stated if the intention is to operate more than 51 hannels, the
operator must file an application.
Mr. Schwartz addressed the transmission.from a car ~tenna and a
antenna such as the one just approved, noting theIe is a big
difference. He stated he has not been happy w~th the qllestioning of
the motives of the people who'address the Council. He ]aoted he read
the report, addressed by Councilmember Anderson, and not,]d if the two
companies go to 122 channels each it would be 40,000 ~'atts maximum
power at the Coffee Exchange. He stated'there are questions that need
to be answered and stated the CEQA rules were not follow,~d and an EIR
should be done.
Mr. Tim Casey stated he hopes the Council will reconsider this issue,
and noted, deciding on the technical issues is beyond tLhe Council's
knowledge. He stated the Council should be prudent when they receive
concerns from citizens and these should be addressed apprcpriately. He
added that CEQA procedures were not followed and this m~tter will be
brought to court if not dealt with.
In response to Ms. Amezcua's question., City Attorney Rib~ck stated if
GTE or Cellular One increases the number of channels they will violate
their permit and also violate FCC regulations.
Councilmember Monia requested a copy of the permit.
City Attorney Riback stated the permit was not approved without a limit
on the channels because the application is incorporated into the permit
and the application referred to a specific number of chal~nels.
BURGER/ANDERSON MOVED TO RECEIVE AND FILE THE LETTER. HAVE STAFF
CONFIRM THE LIMITS OF FACILITIES APPROVED BY THE CIT3 TO GTE AND
CELLULAR ONE TO BOTH ORGANIZATIONS. PASSED 5-0.
4) Letter from Bert Martel regarding Capital Project 91-09
(Quarry Creek Restoration/west Valley ColL~ge Wetlands
Project)
Mr. Martel addressed his letter dated January 1994 to the Council. He
addressed the District Resource Management Committee Mee!ting minutes
.City council Minutes 7 Janua:y 19, 1994
and noted the people involved in this. He noted, as ex [ained in his
letter, he went through the Governing Board and Administr]tion with no
objections to posting the sanctuary signs. Mr. Martel ~ddressed the
newspaper from West Valley College-and noted staff made a statement
that the posting was done illegally. He addressed an artiDle regarding
the Department of Fish and Game and Army Corps of Enfineers still
looking into the project. He noted he has talked to the 'Department of
Fish & Game and they do not know about these signs. He nDted he would
like some answers.
Councilmember Kohler_stated if people are not intereszed in these
wetlands, the money should be spent on Quarry Creek.
city Manager Peacock stated it would be appropriate Tor the City
Council to address this project when it comes before the 2ouncil for a
decision. He stated people should make their comments at that time and
it is not appropriate to discuss this before all the data is presented.
Mr. Martel stated he is concerned that the public was no~ informed of
this project. He also expressed concern that there wes no grading
plan.
City Manager Peacock pointed out that there is a grading lan which has
been prepared by the Public Works Department.
Councilmember Monia asked about the action taken by he Governing
Board. He noted if the Governing Board took an actior to designate
this as a wildlife sanctuary, this is a legal action.
Councilmember Burger asked Mr. Martel for information 'ega~ding the
difference between agreement to post and legal desi'nation of a
wildlife sanctuary.
BURGER/ANDERSON MOVED TO DEFER THIS MATTER UNTIL THE PRO~ 8CT REPORT IS
PRESENTED TO THE CITY COUNCIL AND NOTIFY MR. MARTEL WH]:N THE MATTER
WILL BE AGENDIZED PER CITY COUNCIL DIRECTIVE OF NOVEMBER 17, 1993.
PASSED 5-0.
6. OLD BUSINESS
A. Oral Report from City Attorney regarding execution of a
Supplement to the Settlement Agreement of Octobe=r 1992 in re:
city of Saratogav. Cocciardi
City Attorney stated he does have an abstract for publication and read
this into the record. He noted the full text of the agreement and the
1992 agreement are available in the City Clerk~s office for review. In
response to Councilmember Monia's question, he noted th~ recourse in
case of default will be to go after the bond.
BURGER/MONIA MOVED TO INSTRUCT THE CITY ATTORNEY TO PRERRE A SUMMARY
OF THE AGREEMENT SUPPLEMENT FOR PUBLICATION. PASSED 5-0
B. Report from Public Services Assistant on An~nal Control:
Resolution Appropriating Funds for Animal Control
City Manager Peacock stated that as of today, the City h~s solidified
the contract arrangements. He noted the agreements will 3e before the
Council by the second meeting in February. He added that Licensing and
shelter will be handled for the cities by the Central Aninal Hospitals
in Campbell and Los Gatos. Other services will be prSvided by the
Humane Services of Santa Clara County. He noted the resokution before
the Council is a budget adjustment to continue services. ~e added when
this comes back before the Council in February, he hopes to have a
memorandum of understanding between all the cities on sharing the
costs. He noted the revised ordinance will also be presented at that
time.
MONIA/BURGER MOVED TO AUTHORIZE THE CITY MANAGER,S OFFICE TO NEGOTIATE
THE EXTENSION OF CURRENT SERVICES. PASSED 5-0.
City Councll Minutes 8 Janua~ry 19, 1994
MONIA/KOHLER MOVED TO DIRECT THE CITY MANAGER,S OFFICE TO REPORT IN
MARCH 1994 ON THE STATUS OF THE SERVICES. PASSED 5-0.
7. NEW BUSINESS
A. South Bay CableVision Request for Extension of Time to File
Cost of Service Showing Form 328 for Basic Tier 3ervice Cable
TV Rates
City Manager Peacock addressed the refund time period an~| noted Cable
Vision has agreed to waive the right to limit the refunds to one year,
as addressed in their letter. He added, for the Council's information,
less than 10% of the subscribers subscribe to basic serv.ce.
BURGER/KOHLER MOVED TO GRANT THE REQUEST TO ALLOW SOU[H BAY CABLE
VISION 60 DAYS TO FILE COST OF SERVICE SHOWING FROM THE DATE THE FCC
PROMULGATES FINAL COST OF SERVICE SHOWING RULES AND REGULATIONS.
PASSED 5-0.
B. Resolution Authorizing Request for Proposals Tot Recycling
and Yard Waste Pickup Services
City Manager Peacock stated that the West Valley juri:dictios have
hired the City Attorney for legal services. He stated the current
contract ends in [ebruary 1995, so staff is starting the process of
soliciting requests forproposals for recycling services and yard waste
services for residential properties. He noted the timeline would be
for the Council to have a hearing in May. ~~
Councilmember Anderson addressed the report regardlng fun us and asked
wheth r the City would be held financ~ially liable f a pr lem occurs.
st e b
City Manager Peacock ated th urden is on the operatozr and, in the
agreement that has been prepared, the City will be protel:ted.
Councilmember Burger addressed liquidated damages, as addressed on
pages 29 and 30 in the report and noted in the listing tILe contractor
would be responsible for a $1000 fine for each o.~currence of
discourtesy behavior and $1000 fine for each occurrence of excessive
noise. She asked what is the process, if a citizen conplains. She
also asked whether there is a procedure set in place for dl~cumentation.
Ms. Vera Dahle Lacaze, West Valley Cities Solid Waste Pro,~ram Manager,
stated the Council should refer to Section 7.10.6, page 28 of the draft
yard waste agreement where it addresses employee conduct .~nd courtesy.
She stated she will discuss this matter with Mr. Riback.
City Manager Peacock stated, assuming that the complaint Ls valid, the
city should make the determination. He noted the (ity has the
authority to require that a driver be transferred or replaced if there
is a problem. He added this should be clarified in the ~greement.
Councilmember Anderson stated that a common complaint i the garbage
companies starting too early in the morning.
Councilmember Tucker pointed out that Christmas tree collection will be
included in residential curb side.
Councilmember Anderson stated this service does provide m~)re recycling
for single family dwelling. She expressed concern abo~t additional
costs to the City with regards to recycling.
Ms. Dahle Lacaze stated that the market for recycling miz[ed paper has
a negative value.
Mr. Peacock stated that recycling has increased per ousehold, as
outlined in the quarterly report. With regards to this :ontract, Mr.
Peacock stated sometime in the life of this contract they nust meet the
50% level of recycling.
Councilmember Monia stated the general trend over the last few years is
City Council Minutes 9 Janua:ry 19, 1994
that while recycling grows, demand drops. He stated the Council will
have to deal with this problem in the future.
In response to Councilmember Anderson's question, Ms. Dahle Lacaze
stated the City of San Jose has submitted an application Tor recycling
market development and under .these applications, jurisdictions can
receive significant amount of funds to promote, ~ithin their
jurisdiction, secondary materials manufacturers. She xplained the
City of'San Jose's involvement in this.
MONIA/BURGER MOVED TO ADOPT A RESOLUTION AUTHORIZING REQUEST FOR
PROPOSALS FOR RECYCLING AND YARD WASTE PICKUP SERVICES. PASSED 5-0.
C. Memo Authorizing Publicity for Upcoming Hearings - CDBG/HUman
Services Grants; Ebrahimoun Appeal Reconsiderat
BURGER/KOHLER MOVED TO AUTHORIZE THE PUBLICITY FOR UPCOMi ~G HEARINGS.
PASSED 5-0.
D. Policy regarding Assessments and Benefit Assessment Districts
for Saratoga Village
MONIA/BURGER MOVED TO ADOPT THE POLICY REGARDING ASSSSSMENTS AND
BENEFIT ASSESSMENT DISTRICTS FOR SARATOGA VILLAGE.
Mayor Tucker questioned the procedure if the use of a bui].ding changes
and the intensity increases.
In response to Mayor Tucker's question, City Manager Peacock stated
when the annual assessment is levied by the City Council, ~here will be
a change in assessments based upon the reevaluation of th, intensity.
The above motion was carried. Passed 5-0.
9. CITY COUNCIL ITEMS
A. Oral Communications (continued) and instructi .ns to staff
regarding actions on current oral communicatio]~s
Councilmember Monia noted that Mr. Peacock, CouncilmembEr Burger and
himself met with some of the member~ of the Hakone Board to discuss
their agreement. He expressed concern about the Brown ct and would
like to discuss this issue further.
City Attorney Riback stated the new law for the Brown ct goes into
effect April 1, 1994, and will require non-pr fit private
organizations, which have public members or receive public funds, to
conduct meetings under the Brown Act.
The Council briefly discussed other groups which would b~ affected by
the new law. Councilmember Monia stated all the grou]~s should be
notified.
City Attorney Riback read the specific criteria requested for the Brown
Act.
City Manager Peacock stated he will call and invite the Chairperson
from each committee to the meeting of the 25th.
B. Agency Assignment Reports
1. ABAG - Anderson
2 Cable TV Board - Monia
3 HCD Policy Committee - Tucker
4 Transportation Commission - Anderson
5 Hakone Foundation - Kohler
6 Flood Control Advisory Board - Burger
7 League of Cities Peninsula Division - Tuc]~er
8 Water District Commission - Anderson
9 Santa Clara County Cities Association - T][cker
10. Sister City Committee - Burger
City Council Minutes 10 January 19, 1994
11. Traffic AuthOrity Policy Advisory Board Tucker
12. Transit Assist Board - Burger
13. Senior Coordinating Committee - Burger
14. West Valley Sanitation District - Burger
15. County Cities Assn. Legislative Task Forc~ - Monia
16. Emergency Planning Council - Kohler
17. Congestion Management Agency Advisor Board
Burger/Tucker
18. Local Transportation Authority Policy Adv ]ory Board-.
Kohler/Anderson
Councilmember Monia reported on the Cable meeting. He ~uggested the
committee develop a policy as towho they are and what th,~ir strategic
plan is. He stated they do not have a guiding document at this time
and will be forming a sub-committee to work on the policy. He noted he
would like a plan in which they are delivering, on a r~!gular basis,
some public service information. He suggested a librat of tapes on
educational items.
Mr. Peacock stated they are receiving proposals from s hools on the
video equipment. Councilmember Monia stated rather than iust granting
the schools $1400, there was a suggestion that they match funds to
implement the programs.
Councilmember Anderson reported on the Transportation m :eting noting
they had a meeting on the American Disability Act (ADA) a! a number of
disabled people spoke of their expectations for service. )uncilmember
Anderson stated if public transit connects to another County, a
disabled person can choose to go to a Doctor, orvisit a isiend, at any
time transit is running, and has to be transported b cab to San
Francisco, if that is their choice. She stated without MEasure A being
supported by the courts there is no way to fund ADA trans )rtation that
is required of cities without severely cutting back ehe level of
transit in the County. Councilmember Anderson stated ma issues have
to be addressed.
Councilmember Kohler reported on the Hakone Foundation ~nd noted he
attended the New Years get together on 'January 14, 1994. He added he
did speak to several members of the Board and noted he will attend the
next meeting.
Mayor Tucker reported on the Santa Clara County Cities AsBociation and
noted she and Councilmember Burger attended a workskip regarding
compensation for public employees. She noted this meetLing was very
informative and a report will be forwarded to other Councilmembers.
Councilmember Burger reported on the Senior C0ordinatzng Committee
noting they had their annual retreat, and they reviewe( and updated
their one year goals and reviewed their five year goals.
Councilmember Kohler reported on the Emergency Preparedness Council
noting two speakers were present, Jack Sutcliff who discussed the water
level in the reservoir. He noted the rainfall is 65% o~ normal. He
also noted they had a speaker from the American Red Cros
Councilmember Burger reported on the League of California Cities Public
Safety Committee meeting and will send a report to Councilmembers. She
stated the Coalition of Alcoholic Beverage Retailers were moving to try
to get the State Legislature to pass legislation that w,)uld prohibit
local jurisdictions using their conditional use perm~.ts to limit
alcoholic beverage establishments. She noted she would [ike a letter
sent to Tom Campbell stating they would like to retain 1)cal control.
Councilmember Anderson stated after talking to Tom Campbell, he
indicated he would be very interested in what the City C)uncil thinks
of regional government and any other issues that are important to the
City.
There was a consensus of the Council to send a letter to Fom Campbell,
similar to the letter that was sent to the Governor re!garding term
limitation.
City Council Minutes 11 Janua]~y 19, 1994
Mayor Tucker reported on the League of California Cities ]:nvironmental
Quality Committee noting they discussed solid waste. Sh~ stated some
cities are having difficulty meeting the 25% requirement, but the
committee did support this requirement. She noted Sara oga is ahead
with the NPDES. Mayor Tucker also reported on the Mayors and Managers
October 15 was discussed for a celebration. She added tha'~ Ms. Goodwin
wants a person from the City to sit on a committee to f cilitate the
celebration.
City Manager Peacock noted that "Celebrate Saratoga" will be occurring
close to this celebration and it may be difficult to ge volunteers.
He noted the Chamber of Commerce may not willing, or abl~ to put this
off for a few weeks.
Councilmember Anderson suggested that they let citizens low about the
celebration and they can participate. .
Mayor TuCker volunteered to sit on the Committee.
Mayor Tucker reported on the update from Bob DaugheI y, .Campbell,
regarding the County General Plan. She noted he indicated he was
concerned about non-residential and hillsides, and how his could be
addressed in the County General Plan.
Regarding CMA, Mayor Tucker stated Joanne Benjamin repo ted that the
MTC is holding the funds until a court decision on the LFA.
Councilmember Monia reported on the School Resource Offi:er and noted
there have been no problems. He noted a resolution was ,assed asking
the Council to take a position on zero tolerance on weapor in schools.
Councilmember Anderson addressed an article in the San Iose Mercury
News, regarding funding of crossing guards.for schools in Saratoga.
She believes the reporting was inaccurate.
C. General Council Items
1) Agenda items for next adjourned regular meehing: Review
of Brown Act with All Commibsions; Quarterly storm water
Management Report (4th Quarter)
city Manager Peacock stated the Council should review a~draft policy
regarding communications between the Council and Plannin' Commission.
He noted the City Attorney will also address the current policy on
conflict of interest and ex-parte communication.
In response to Councilmember Anderson's question, Mr. PeacDck noted the
Community Development staff put together a listing of lan( owned by the
City and will prepare a report.
2) Establish City Position on Regional Government
Legislation - Anderson
Staff recommends that the City Council determine a posi' ion the City
should take and present to others on future regione governance
structure.
Councilmember Anderson addressed the Valerie Brown Bill ~nd noted it
has taken on a life of its own and, with numerous compromises, may not
reflect any longer the wishes of ABAG members. She note the concern
is, who will pay for regional government, and they sugg~sted a study
that will demonstrate that there will be cost savings b], merging two
agencies. She added there is no merger of the two age]~cies, a sub-
regional body has been mandated to make land use and t~ansportation
decisions, and costs are not covered. Councilmember A]~derson asked
Mayor Tucker to address this issue at the Santa Clara .:ounty Cities
Association meeting. She noted she has not heard from a~y cities and
does not know were the Governor stands on this issue.
City Council Minutes 12 Janua'y 19, 1994
Councilmember Burger suggested not Supporting the Bill Is it is not
what the original intent was.
Councilmember Monia stated he has spoke negatively about his bill from
the beginning and believes the solution is, to stop uilding more
bureaucracies.
BURGER/KOHLER MOVED TO CALL A MEETING OF THE GENERAL AS~ ~MBLY TO KILL
THE PILL. PASSED 5-0.
3) Items to discuss with Boards of Sat itoga School
District, Los Gatos/Saratoga High School D~strict, West
Valley/Mission community College District
The following was suggested for discussion:
School District:
Further exploration of using school facilities for the City's
recreation programs.
Car pooling and the necessity of crossing guards.
West Valley College:
Leaf Blowers starting at 6 a.m.
Football Games
Councilmember Anderson suggested writing to Tom Campbell address the
jurisdictional problems with the schools.
4) Others
Councilmember Monia asked if the direct contact reports e part of the
public records.
City Manager Peacock stated he does not believe the~ are public
documents because they are working documents. He noted i~hen a report
from staff is presented to the Council, then it becomes pablic record.
10. ADJOURNMENT
The meeting adjourned at 11:20 p.m. to 7:30 p.m. on Tue:~day, January
25, at Community Center Meeting Room (formerly snack bar area), 19655
Allendale Avenue.
Respectfully submitted,
Minutes Clerk