Loading...
HomeMy WebLinkAbout04-20-1994 City Council Minutes MINUTES S~RATOGA CITY COUNCIL TIME: Wednesday, April 20, 1994 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The meeting was called to order at 7:35 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Mayor Tucker, Councilmembers Burger,Kohler, Anderson, and Monia Staff Present: City Manager Peacock, City Attorney Riback, Community Development Director Curtis. Mayor Tucker thanked Pepsi Cola 'Bottling Company for supplying the soft drinks. 2. CEREMONIAL ITEM8 Mayor Tucker asked that a proclamation be added to agenda proclaiming the week of May 1 through May 7th as "Hire a Vet Week," in the City of Saratoga. BURGER/MONIA MOVED TO ADD THE PROCLAMATION TO THE AGENDA. PASSED 5-0. Mayor Tucker proclaimed the week of May i through May 7, 1994, "Hire a Vet Week," in the City of Saratoga. EARTHDAY PROCLAMATION Mayor Tucker read the proclamation into the record and proclaimed the day of April 22, 1994, as Earth Day, in the City of Saratoga. Bert Martel, 14420 Fruitvale Ave., commended the Council for the proclamation. He presented and read a transmittal, dated April 1994, asking that all citizens within the West Valley/Mission College district display concern for the wild life that lost their lives on the Saratoga campus Wild Life Sanctuary, by wearing something black on "Earth Day." MONIA/ANDERSON MOVED TO ACCEPT THE TRANSMITTAL. PASSED 5-0. 3. ROUTINE MATTER8 A. Approval of Minutes Councilmember Anderson asked that the following amendment be made to the Minutes of April 6, 1994: Page 16, paragraph 6, the last sentence: She asked the clarification be added to reflect her position that the traffic impact from the freeway would be so horrendous that impacts from the proposed project would be minor. Councilmember Burger asked that the following amendments be made to the Minutes of April 6, 1994: 1. Page 6, Item 7 (B) 12: She asked that the last sentence be changed reflecting that in conjunction with attending the Transit Assist Board, she artended the Paratransit Coordinating "Council meeting" and not the Paratransit Coordinating "Office." 2. Page 8, paragraph 7: She asked that the minutes be changed replacing "Mayor Tucker stated that ." to "Councilmember Burger stated . ." and, that the reference" . she (Tucker). "be changed to "she (Burger). " 3. Page 9, paragraph 12: She asked that the clarification be made to the widths of the streets, to clarify that the street widths referenced by Mr. Lettieri, ". . various widths of (the street) City Council Minutes 2 April 20, 1994 28 and 32, ." should be changed to ". . various widths of 28 and 36 feet, ." Councilmember Anderson asked for additional amendments, as follows: 1. Page 18, paragraph 5: She asked that since her statement regarding "CMA funds," was corrected by Mr. Peacock indicating that the funds for car pooling the schools was "public money out of the Air Board." 2. Page 17, Item 7 (c) 1, regarding the appeal of denial from the Planning Commission of conceptual plan approval for the former Paul Masson Winery project site: She asked for consistency with regard to the discussion which indicated that the average house sizes be 3,066 square feet, without the garage; and, that later in the discussion the referenced suggestion to reduce the average house sizes to 3,800 square feet, including the garage, was not clear. She expressed concern that the request to reduce the number of square feet appears significant, as stated. She asked that the minutes of April 6, 1994, be changed for consistency. Discussion ensued between Councilmembers, the City Manager and Councilmember Anderson relative to where the correction should be made. The general consensus of the Council was that the minutes of April 20, 1994, would reflect the changes. Councilmember Anderson opposed this position, asking that the minutes of April 6, 1994, be changed. MONIA/BURGER MOVED TO APPROVE THE MINUTE8 OF APRIL 6, 1994. PASSED 4- 1, ANDERSON VOTING NO. BURGER/KOHLER MOVED TO APPROVED THE MINUTE8 OF APRIL 12t 1994. PA8SED B. Approval of Warrant List MONIA/ANDERSON 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 15. 4. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution confirming Council grant of appeal on Paul Masson site heard April 6, 1994. Item 4 (A) 1, was pulled from the Consent Calendar by Councilmember Burger. She asked for clarification of Item 4 (A) 1: Mr. Paul Curtis, Community Development Director, clarified that the landscape plan and architectural rendering displayed on April 6, 1994, were accurate. He assured Councilmember Burger that the resolution would be conditioned to appropriately relative to the setbacks required. Councilmember Anderson asked that the wording regarding the above- mentioned 3,066 square feet be changed. Further, she asked that the resolution be changed to indicate the maximum size and not the average size. Her concerns were discussed and City Manager Peacock reminded Councilmember Anderson that the resolution which is under consideration is only conceptual in nature, and that specific details for the development would come before the Council when appropriate. Councilmember Anderson noted that the City's average house size for R- 1-10 Zoning is 3,200 square feet; and, pointed out that the concept the Council is being asked to approve will place a 3,600 square foot house on a 7,700 square foot lot. BURGER/HONdA MOVED TO ADOPT RESOLUTION 94-17 CONFIRMING GRANT OF APPEAL ON THE PAUL MASSON SITE. Passed 5-0. City Council Minutes 3 April 20, 1994 B. New Items Mayor Tucker asked if there were any requests to pull items from Consent before a motion was entertained. Item No 2, was pulled by Councilmember Kohler, and Item No. 3 was pulled by Councilmember Anderson. 1. Planning Commission Actions, 4/13. 4) Special Event Permit for Christa McAuliffe School Race 5/1/94, conditional upon compliance with ordinance 5) City Financial Reports for March: a. Treasurer's Report b. Investment Report c. Financial Report d. BUsiness License Revenue to Date e. Quarterly Quarry Creek Trust Report BURGER/MONIA MOVED TO APPROVE ITEM NOS. 4 AND 5 OF THE CONSENT CALENDAR. PASSED 5-0. 2) Final Map Approval for 2 lots at 13091 Pierce Road (SD92-004) (Owner, Glennon) Councilmember Kohler asked if subdivision was for the house and the land or for the land only. City Manager Peacock clarified that the subdivision was exclusive to the land. KOHLER/BURGER MOVED TO APPROVE THE FINAL MAP FOR 2 LOTS AT 13091 PIERCE ROAD (SD 92-004). PASSED 5-0. 3) Award of Construction Contract - Warner Hutton House Landscaping, Capital Project No. 9301, to Landscape West-North in the amount of $46,526; Authorization for City Manager to EXecute Contract; Authorization for staff to execute change orders up to $7,000 Councilmember Anderson noted that her concern was not about award of the contract, however, inquired about what would be done with the sod proposed for removal. City Manager Peacock stated that the sod belonged to the contractor. Councilmember Anderson suggested that if the contractor planned to discard the sod, that the City or its residents could move it to another location such as a City Park. BURGER/ROHLER MOTION TO AWARD THE CONSTRUCTION CONTRACT TO LANDSCAPE WEST-NORTH IN THE AMOUNT OF $46,526; TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT; TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDER8 UP TO $7,000. PASSED 5-0. C. Claims Against the City - Skowron claim concerning tree which fell on car BURGER/MONIA MOVED TO DENT THE CLAIM. PASSED. 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS There was no followup for previous Oral Communications. B. ORAL COMMUNICATIONS Mayor Tucker asked if there were any Oral Communications. City Council Minutes 4 April 20, 1994 Mr. Bert Martel, 14420 Fruitvale Ave., presented a written requests asking for the following: a. That he be mailed a notice one week prior to the meeting scheduled for May 12, 1994, between the Saratoga City Council and the West Valley/Mission Joint Community Colleges Board of Trustees, aS outlined by the Brown Act. b. That in conformance with the Freedom of Information'Act, the City provide him with all documents relating to the capital Project No. 91-09. He indicated that requirements for posting by the West Valley Resources Management Committee were not adhered to, stating that he has previously requested the information, and that his request was rejected by an official body of the college. c. That he be provided a copy of the First Written Draft for the Capital Project No. 91-09 Proposal, alleging that it was transmitted by the City to another agency on or about March 11, 1994, and was referenced in a local newspaper by Gray Rose. Mr. Martel further alleged that he has requested a copy from an official of the City prior to this meeting and he had no response. d. He requested that if the City objects to providing him with the requested information, that he be notified in writing with specific references to the legal codes to support its reasons for denying his right to review the documents. e. That if only portions of the documents are deemed inappropriate for public review, that these portions be excluded and that the remainder of the document be forwarded to him. f. That the fee for copying the documents be waived, since the information would be of benefit to the citizens of Saratoga; and, that the City contact him prior to making the copies if the cost exceeds $10. g. Noted that the Freedom of Information act points out that he be provided with the information requested, or that a written response to his request be provided within 10 working days. Mr. Dave Weibel, 20767 Ashley Way, addressed the Council about South Bay Cablevision's intention to drop certain programs currently being provided. He asked that the Council investigate South Bay Cablevision's intentions, since South Bay Cablevision is acting in the public trust. He asked that the City Council be responsive to its citizens to ensure that the public's best interests be served. He provided names of persons that the City may contact. Councilmember Kohler shared the concerns expressed by Mr. Weibel. Councilmember Anderson shared information she had relating to the desire to remove MTV from the cable network, and suggested whether it would be appropriate for the Council to make program suggestions regarding cable TV. Since this meeting is being broadcast, Councilmember Anderson asked that the public write letters to South Bay informing them of their preferences. She indicated a desire to do something as a Council to address the situation. City Manager Peacock suggested that if the Council forwarded a letter it would have an impact on South Bay's proposed actions. At the suggestion of Councilmember Anderson, Mayor Tucker asked that this item be agendized for the City Council meeting of April 26th, allowing the City Council to authorize Mr. Peacock to draft a letter to South Bay Cable Company expressing the Council's concern relative to the company's program agenda. Charles Holmquist, 12720 Arroyo de Arguello, discussed South Bay's City Council Minutes 5 April 20, 1994 intent, pointing out that the Home Shopping Club is now scheduled to air 24 hours a day, and his opposition to this program as compared to others of greater public benefit. He requested that the citizens of Saratoga be given a choice. He asked competition between cable companies be supported. City Manager Peacock informed the Council that South Bay's decision to retain the Home Shopping Club, 24 hours a day, was a directive imposed on South Bay by Federal Communications regulation. Leonard Siemek, 12191 Mellowood Drive, addressed the Council and discussed the Rental Initiative cited for State Legislation which would affect senior citizens. He noted his distribution of the initiative to Councilmembers and asked if the Council was prepared to take action. Mayor Tucker informed Mr. Siemek that since the item is not on the agenda, no action would be taken. Councilmember Burger informed the Council of the City's position is not to take a position that is on the ballot and also noted that no mobile home parks are located within the City of Saratoga. Councilmember Monia asked that the City's policy regarding taking a position on items on items on the ballot be agendized for April 26th. Mayor Tucker asked that this items be agendized for April 26th. Mr. Don Whetstone, 14768 vickery Ave., discussed water pollution being initiated by the City into the Saratoga Creek. He provided material indicating various tests that had been conducted which implicated a higher ratio of pollutants in the water after leaving the City than prior to entering. Mayor Tucker reminded the Council that the City was a recipient of an Excellence Award of the Non-Point Source Pollution Control Program. Ryan Keller, 13030 Walbrook Drive, asked that programs be added to the cable stations. He noted his support for MTV, stating that although MTV, is not generally supported by the adult viewers, it is preferred by teenagers. Additionally, he suggested that channels such as VH1 and ET be added to program viewer choices to provide cultural variety. At 8:30 p.m., Mayor Tucker moved the agenda forward to Public Hearings. 8. PUBLIC HEARINGS A. Appeal of denial of a request for Variance and Design Review approval to allow the construction of a 700 sq. ft. pool house at 12375 Farr Ranch Road on a site of approximately 1.2 acres located in a HR zone district. Variance approval is necessaz~ since the proposal exceeds the slte,s maximum allowable floor area of 5,610 sq. ft. ~y 531 sq. ft. and to allow the pool house to be Built on an average slope of 39% where 30% is the maximum permitted. Design Review Approval is also necessar~ to allow the site,s gross floor area to exceed 6,000 sq. ft. (Developer, Lawson)(V93-031; DR93-046) Paul Curtis, Community Development Director, presented the Staff Report dated April 10, 1994, recommending that the City Council uphold the Planning Commission decision and deny the Variance and Design Review being requested. Director Curtis explained that although the Commission approved the applicant's requests for site modification, the Commission could not make necessary findings relating to the proposed floor area that would satisfy the requirements of a variance, such as special circumstances relating to land that exist and would deprive the applicant of privileges enjoyed by other property owners in the vicinity, or that circumstances exist that presented a hardship. City Council Minutes 6 April 20, 1994 Councilmember Burger noted receipt of a letter received by her from the Greenleaf's, dated March 3rd, regarding their objections to the proposed development. She further stated that she had visited the neighboring residence to consider the impact upon them. councilmember Monia initiated discussion of the fairness of providing the applicant with a copy of the letter. Mayor Tucker noted that she too had visited the Greenleaf's and spoke to them about providing the letter to the applicant. She stated that the Greenleafs indicated that if the City determined that it would be appropriate to provide a copy of the letter to the applicant, they would pose no objection. A copy of the letter was given to the Lawsons, the applicants, for their review. Mrs. Marcia Lawson, introduced her family to the Council and noted that she had not received the staff report since the copy machine was inoperable. Mayor Tucker recessed the meeting at 8:42 p.m., to allow time for the applicant to review the letter from the Greenleafs and the April 20, 1994, Staff report. The meeting reconvened at 8:55 p.m, with all Councilmembers present. Mrs. Marcia Lawson, stated her reasons for requesting a variance, as follows: a. Their involvement in numerous community groups, and programs. She informed the Council of social events related to this involvement created a need to conduct social events at their home. She spoke of the need for one large room which would be allow a large number of people to attend such events. b. She specified the need for more room was also due to the family's theatrical activities and church events. She stated that the social gatherings were beneficial to the community. c. She suggested that the pool house would help detour erosion of the hillside, and that noise would not be a concern. d. She suggested that exceptions for granting findings for a variance would be appropriate due to changes in the zoning regulations which were established after the purchase of the home. Additionally, she indicated that the request is not an exception to other homes in the area. Tim Hoagland, Landscape Architect, 513 Monterey Avenue, Los Gatos, expressed his belief that the plan was a good plan, and he discussed how in other cities accessory structures are not considered as part of the main dwelling. Councilmember Burger asked if plans for a roof deck are included in the plans, and about the electrical system. Mr. Hoagland stated that there would be access to the roof, and could not respond to the electrical voltage question posed. Councilmember Anderson asked about changes to the Zoning which were suggested by Mrs. Lawson. Mr. Hank Lawson addressed the Council explaining that he understood that at the time of purchase the Homeowner's Association did exist and that the association had dissolved. The CC&R bylaws require that all plans be reviewed by the association prior to presentation to the Planning Commission. Mrs. Lawson stated that there are no bylaws, since there is no association. However, that if a review is necessary, it would be City Council Minutes 7 April 20, 1994 conducted. Councilmember Anderson suggested that if the plans had been reviewed by the association prior to the Planning Commission, many of the concerns could be mitigated prior to public hearing. She discussed prior similar projects. City Manager Peacock reminded the Council that the Council can only view the project from the City's standards unless the City is a party to the'CC&R's. Discussion ensued regarding the Homeowners Association process. John and Carol Greenleaf, approached the Council explaining their opposition to the proposed project is based upon rules which are clearly outlined by the City ~nd by the Association. Further, he spoke of the modifications that he and his wife had to make to their original plans in order to comply with established rules. He asked that the Lawsons follow the rules. Councilmember Anderson asked about the impact which would be experienced if the proposed project were constructed. The Greenleafs stated that the windowed side of their home would face the project. A concerned citizen, a woman who did not state her name, noted that she was previously on the Homeowners Association Board, and that at the time, that the policy for plan approval required the applicant to present plans to the Board prior to submitting it to the City. She indicated that the association dissolved due to inappropriate practices. Another concerned citizen summarized her prior membership on the Board, pointing out that similar requests from homeowners in Parker Ranch had been denied by the Board. Mrs. Lawson presented arguments for clarification regarding requirements imposed upon the Greenleafs to provide screening between the two homes. She stated that the only screen currently existing is shrubbery planted on the Lawsons' property. BURGER/MONIA MOVED TO UPHOLD THE PLANNING COMMI8SION DECISION AND DENY THE APPEAL TO ALLOW A VARIANCE. DISCUSSION ON THE MOTION Councilmember Burger expressed concern relating to construction on a site with a slope of 39%. She suggested several alternatives to the pool house that would provide the Lawsons needed space. Councilmember Anderson pointed out the granting of a variance requires findings of a hardship directly relating to the land and not to the use of the land. Further, she noted that objection by neighbors are matters of concern, and that Parker Ranch has not been in existence for a long time, and questioned significant changes in the zoning laws. She expressed an understanding of the circumstances in which the Lawsons would request more square footage. Councilmember Kohler opposed the appeal due to the slope of the land. Councilmember Monia expressed concern that granting an excess of floor area ratio to the Lawsons would not be supportive of the variance requirements. Mayor Tucker noted that she would be supporting the motion to deny the appeal because there are no findings to support a variance. At 9:42 the public hearing was closed. BURGER/MONIA MOVED TO DENY THE APPEAL OF THE PROPOSED PROJECT AND UPHOLD THE PLANNING COMMISSION DECISION, AND TO DIRECT THE CITY MANAGER TO PREPARE A RESOLUTION OF DENIAL FOR ACTION ON MAY 4, 1994. PASSED 5-0. City Council Minutes 8 April 20, 1994 Mayor Tucker returned the agenda back to Item No'. 5 (c). C. WRITTEN COMMUNICATIONS 1) Mayor Richard A. Lang, City of Modesto, requesting support for change in state law concerning graffiti vandalism. Councilmember Anderson is supportive of the request. ANDERSON/KOHLER MOVED TO TRANSMIT A LETTER OF SUPPORT TO THE CITY OF MODESTO, THAT WOULD MAKE CHANGE8 IN STATE LAW CONCERNING GRAFFITI VANDALISM, AS OUTLINED BY HAYOR RICHARD LAND. DISCUSSION ON MOTION Councilmember Burger noted that the law would allow cities to contact the parents of the vandals for restitution. ANDERSON/KOHLER MOVED TO AUTHORIZE THE CITY MANAGER TO PREPARE AND TRANSMIT A LETTER OF SUPPORT TO THE CITY OF MODESTO, THAT WOULD MAKE CHANGES IN STATE LAW-CONCERNING GRAFFITI VANDALISM, AS OUTLINED BY HAYOR RICHARD LAND. PASSED 5-0. 6. OLD BUSINESS A. Agreements with Hakone Foundation City Manager Peacock provided details of changes made by staff to the previously approved agreement. He stated that the changes were in conjunction with requested amendments to the agreement as outlined by the City Council. He recommended approval of the agreement. 1) Fourth Amendment to Trust Agreement MONIA/BUNGER MOVED TO APPROVE THE FOURTH AMENDMENT TO THE TRUST AGREEMENT. PASSEDS-0. 2) Management and Operations Agreement MONIA/BURGER MOVED TO APPROVE THE MANAGEMENT AND OPERATIONS AGREEMENT. PASSED 5-0. 3) Lease agreement MONIA/BURGER MOVED TO APPROVE THE LEASE AGREEMENT. PASSED 5-0. 4) Second Amendment to Loan Agreement MONIA/BURGER MOVED TO APPROVE THE SECOND AMENDMENT TO THE LEASE AGREEMENT. PASSED 5-0. B. Report on Heritage Lane Signs City Manager Peacock recommended approval of th~ request to appropriate funds, because after expenditure of the funds, the preservation trust fund would have a balance of $2,800. The appropriation of funds could be placed on the City Council agenda for May 4, 1994. Councilmember Burger reminded the Council of the lumber donation offered at the last discussion. Mr. Peacock stated that he would ask the community Development Director to find out from Commissioner Koepernik if the offer had materialized. MONIA/BUNGER MOVED TO RECEIVED AND FILE THE REPORT, AND TO AUTHORIZE THE CITY MANAGER TO INVESTIGATE THE PROPOSED DONATION. PASSED 5-0. C. Report from Sheriff's Department regarding Results of contacts with Drinkers in wildwood Park city Manager Peacock noted that the report was not part of the City Council Minutes 9 April 20, 1994 Council packet because it was received this afternoon. He pointed out that the Sheriff did not view the situation as creating a problem. He recommended that the Council determine whether any further policy action is warranted on the part of the City Council. Councilmember Anderson stated that changes in the ordinance are not necessary because there are currently laws that would prevent drunk and disorderly conduct. MONIA/BURGER MOVED TO RECEIVE AND FILE THE REPORT FROM THE 8HERIFF'S DEPARTMENT, AND TO DIRECT THE CITY MANAGER TO WRITE A FOLLOWUP LETTER TO THE NEIGHBOR. PASSED 5-0. D. Report from Finance Director on Operating Reserve Policy city Manager Peacock discussed the report from the Finance Director and recommended support. He stated that the report was initiated after extensive analysis of policies currently used by other cities. Finance is asking that the Council establish a policy for reserves based upon income and outflow from the General Fund including capitai projects. The recommendation is that only 25% should be kept in reserves. Councilmember Anderson expressed concern that she would prefer to make a decision after meeting with the Finance Committee during the Budget Hearings, that it would be inappropriate to establish new policies with limited information. Councilmember Monia explained how the suggested policy~would work. City Manager Peacock explained that the Finance Department is establishing the 1994/95 budget now, informed the Council of the time constraints for waiting for the Budget Hearings to establish new policies. He recommended approval and noted the date for consideration of the budget is approaching. Councilmember Anderson expressed concern because she did not have the old policy before her and could not make a comparison. Additionally,' she noted that she was uncomfortable putting money into the General Fund due to cash flow during times of emergency, such as the earthquake. Councilmember Burger informed the Council of her attendance at the Finance Committee meetings, .and of discussion she has had with staff relating to the recommendations, and she was impressed by the expertise of the staff and would support their' recommendation. Councilmember Anderson reminded the Council that it is the Council that is responsible for recommended actions, and needed to understand all aspects of financial decisions. Councilmember Monia stated that a reserve policy would provide room in the budget for emergencies. He indicted that this type of policy would work quite well. Councilmember Burger pointed out that the recommendation is only for 25% of the funds appropriated for the General Fund. Councilmember Monia added that this type of policy would force future Councilmembers to examine expenditures when establishing a budget. Councilmember Anderson conceded to that portion of Mr. Monia's support. Councilmember Monia added that the reality is that the current policy cannot be met. Mr. Peacock stated that there is over a million dollars in the bank due to franchise money. He stated that the Council zeroed out to avoid surplus over the reserve. Councilmember Anderson asked about the operating budget, and Mr. Peacock stated that the recommendation has nothing to do with the operating budget, that the General Fund appropriations. City Council Minutes 10 April 20, 1994 More details of the proposed policy were outlined by the City Manager relating to the analysis how adjustments could be attained, and that appropriations would require high priority such as disaster relief. MONIA/ANDERSON MOVED TO SUPPORT THE RECOMMENDATION OF THE FINANCE DIRECTOR ON OPERATING RESERVE POLICY. PASSED 5-0. E. Requests from legislators concerning gun control legi s lation: 1) Assembl~nan Louis caldera, requesting support for AB2706 giving local governments more power to requlate firearms and Ammunition (continued from City Manager Peacock stated that a copy of the legislation was distributed the Council and summarized that the bill would remove a section of the code that allows the State to regulate concealed weapons. He did not recommend support. Councilmember Burger expressed opposition. Councilmember Anderson expressed concern regarding the difficulty of enforcement within jurisdictions within the State. Councilmember Monia asked what regulations exist that control the sale of handguns. Mr. Peacock explained that in order to be a gun dealer, a person would have to come to the City for a business license, and specify the intent to sell guns. If the use is not approved, they have the right to appeal the decision before the Council. MONIA/BURGER MOVED TO .RECEIVE AND FILE THE REQUEST FOR SUPPORT. PASSED 5-0. 2) Senator Tom Hayden, requesting support for SB1293 giving local communities right to pass gun control ordinances MONIA/BURGER MOVED TO RECEIVE AND FILE THE REQUEST FOR SUPPORT. PASSED 7. NEW BUSINE88 A. Library Services and funding: 1) Resolution consenting to Incluslon of Territory of the city in Formation of the county Library service Area 2) Joint Powers Agreement relating to Library Services City Manager Peacock stated that the County brought documentation in late this after noon, and that he has not thoroughly reviewed the documents. He stated that it appears that the document is identical to the previously adopted resolution. He explained that being included in the library service area would require consent to impose a parcel tax to supplement the community libraries. He stated that the tax would not be used until after a public election provided public support for the tax increase. Mr. Peacock continued by explaining that the second portion of this agreement is the formation of the Joint Powers Board which would include one member of each City for the purpose of controlling the annual budget funds are appropriated and how the supplemental funds are used. He recommended approval. Councilmember Monia asked what control over the libraries within the Saratoga Community the Board would have. Councilmember Burger addressed the question by drawing attention to page 6 of the agreement, describes how policies are established, City Council Minutes 11 April 20, 1994 decisions regarding staffing within the cities, staff hours, and she noted that the agreement is not explicit on how supplemental funding will be used. Councilmember Monia commented about the County's action to reduce library funding. Mr. Peacock explained that libraries operate as special districts and the State took the library funding when it transferred the property tax money. Councilmember Monia expressed concern relating to ensuring that money allotted to the Saratoga Community would be made available. Mr. Peacock explained that the money would remain with the libraries regardless of changes imposed by the State. Discussion continued between the Councilmembers and the City Manager relating to securing funds for the libraries. MONIA/BURGER MOVED TO ADOPT RESOLUTION 94-18 CONSENTING TO INCLU8ION OF TERRITORY OF THE CITY IN THE FORMATION# AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE A JOINT POWERS AGREEMENT FOR THE CITY OF SARATOGA, PASSED 5-0. B. Memo Authorizing Publicity for Upcoming Hearings There are no hearings to notify. C. Locations for updating CitTwide Traffic Counts City Manager Peacock recommended approval of staff recommendation concerning traffic counts a various locations. BURGER/KOHLER MOVED TO APPROVE STAFF RECOMMENDATIONS PASSED. 5-0. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications BURGER/KOHLER MOVED TO AUTHORIZE STAFF TO INFORM THE PUBLIC REGARDING ACTIONS ON ORAL COMMUNICATIONS. PASSED 5-0. B. Agency Assignment Reports 1. ABAG Councilmember Anderson reported that'the meeting is scheduled for tomorrow in San Francisco. 2. Cable TV Board Councilmember Monia reported that the meeting, held yesterday, appointed a subcommittee to analyze the direction in which the committee should move and provide a report in mid June, and that the Report will be submitted to the cities in late July or August. The Cable company is going to request more funding to maintain the programs which will result in a 20 - 22 percent increase, amounting to 50 to 100% of the present funding. 3. HCD Policy Committee Mayor Tucker reported that Committee met and made recommendations for funding for the coming year. 4. Transportation Commission Councilmember Anderson did not attend the last meeting. 5. Hakone Foundation City Council Minutes 12 April 20, 1994 Councilmember Kohler stated that there was no meeting. 6. Flood Control Advisory Board Councilmember Burger noted that the meeting is next week. 7. League of Cities Peninsula Division Mayor Tucker noted that there would be a dinner on the 28th and discussion of the super highway. She asked that interested Councilmembers contact her. 8. Water District Commission Councilmember Anderson reported that the meeting is next Thursday. 9. Santa Clara County Cities Association Mayor Tucker reported that Susan Fuller provided a report on the Libraries and commended Don Brown and Diane McKenna for their efforts. 10. Sister City Committee Councilmember Burger reported that there was no meeting. 11. Traffic Authority Policy Advisory Board Mayor Tucker reported that the 1994 strategic plan shows a 2.4 million dollar shortfall at project end in 1996; however, any shortfall under 3 million should be recouped through the Close Out Program. Councilmember Anderson was happy to see landscaping on Saratoga Avenue and asked about the crossing at Cox. Mr. Peacock stated that the traffic authority is trying to get funds to landscape Cox, Rodeo Creek and another area. Further, they discussed potential delays in funds tied up in Measure A that would preclude the City's planned upgrades to Saratoga/Sunnyvale Rd. 12. Transit Assist Board There was no meeting. 13. Senior Coordinating Committee Councilmember Burger reported that Mike Riback was asked to determine a stand in terms of the New Brown Act. 14. West Valley Sanitation District Councilmember Burger noted two items of interest. 15. County Cities Assn. Legislative Task Force Councilmember Monia reported that the next meeting will be a week from tomorrow. 16. Emergency Planning Council Councilmember Kohler that there was no quorum and discussed food provisions. He said that the next meeting is scheduled for May 7th. 17. Congestion Management Agency Advisory Board Councilmember Burger noted that there was a difficulty seating a quorum, however, the system has been changed and she is hopeful that there will be a quorum at the next meeting. 18. Local Transportation Authority Policy Advisory Board Councilmember Kohler had nothing to report. C. General Council Items City Council Minutes 13 April 20, 1994 1) Agenda items for joint meeting with Finance Committee, May 10, 1994 2) Discussion of Date to Interview Heritage Preservation Commission applicants is scheduled on May 4th, at 6:30 p.m. 3) Agenda Items for joint meeting with Chamber of Commerce: 1. Smoking Ordinance 2. Sheriff's Substation 3. Sign Ordinance Revision 4. Celebrate Saratoga 5. Joint Venture Silicon Valley Financial Support 4 ) Other 1. The Finance Committee wants to bring forward the uses and make a statement make a charter - Burger. 2. Privatisation of services - Peacock. 3. Conditioning of Housing Assistance policies Anderson. 4. Review of redevelopment for retail businesses - Monia. 5. Appointment of an Economic Officer 6. May 21st, removal of money from the budget 7. School funding for the crossing guard 10. THE MEETING ADJOURNED AT 11:30 P.M. to next meeting on Tuesday, April 26, at 7:00 p.m. in Administration Meeting Room, 13777 Fruitvale Avenue Respectfully submitted,' Karon Fleming Acting Minutes' Clerk