HomeMy WebLinkAbout05-04-1994 City Council MinutesTIME: Wednesday, May 4, 1994
PLACE: Civic ~heater, 13777 Fruitvale Avenue
TYPE: Regular City Council Meeting
Ixl~ with }terltage Preservatical O-,.,.~qic~l Applic~ - 6:30
ODuncilmenbers Anderson, Burger, Kobler, Monia and Mayor Tucker were present.
City Manager Peacock was also present.
The Council interviewed larry Fine at 6:30, Frank Dutro and 6:45, and Beth Wyman
at 7:00.
BURG~]VM3NIA ~XDV~D TO REAPPOINT IARRY FINE AND FRANK DUTRO. Passed 5-0.
RecF,]~r Meetixlq - 7:30 p.m.
PT~rGE OF ~TI~k;~ANC~
1.
Mayor Tucker and CounciLmembers Anderson, Burger, Kc~ler, and Monia were present.
Staff Present: City Manager Peacock, City Attozney Riback, Public Works Director
Mayor Tucker thanked Pepsi Cola Bottling Cu,~any for supplying the soft drinks.
2. ~ 1'1"~,~
A. I~oc]amaf. ion cfi Olde=/~,-pr.icm'~
Mayor Tucker ~ized the l:~cc~tion asd l:~ocla~ the month of as "01der
3. R::X,rz',u~ lk~L'I',I~S
A,, Ap~ c~ lk~nL,d'~:~ -- 4/20; 4/26
counci~ ~n:*ger requested t.he follcT,/,_.n9 =t.s to the Z~'L.-t. es of April
20, 1994:
1. 1::~9e 13, No. 17: (::~e frc~ "o . . ~e was ncr~
"o . . it was difficult to get a ~. . ."
1. ~age 6, pa~agral~ 1: (::~*~e fi-crn ~rMayor 'l~c~er remirded the council t3*~t
~ City v,~as a z~cipie_nt of as aT, ra.~l fz~:~n ~A for moving' :~c:rv,*a~d on
City was a recipient of an ~:c~ellence ~rd_rd of the Non-Poirtc Scu_--**ce
2o 1:~cje 10, ~:~ra, cJ~al:~, 1, sentence 2: ~ frc~ "..
kei~ :in r~-,n~. . ." to ~ead, ". . . only 25% should ~e kept in reserw~.
· -
3· l:~cJ*e 13, ~o· 11: (:~m'~Je f=:~n, ". . . strategic plan = a 2.4 m/llicr~
dolla~ shor~a11, hc,deve~, that the 3 n~.llion money set. aside for the
program close Out should aaareSS the shortfall.", to r~_~d, el · /
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.,'
MCI~]~/I~ MDVI~ TO AHF~INE ~tE MINUTES OF APR~ 20, 1994. PAS~O 5-0.
B. AFtoval of Warrant n{~t
C. Repcrt of City Clerk c~ Posting of Agents
Pth~suant to Gove~zment Code 54954.2, the agenda for this meeting was properly
posted on April 29, 1994.
A. Previously-Discussed I
1) Resolution denying Lawson Appeal b~-~d 4/20
B. Ne~It~n~
Mayor Tucker read the new items asking for any requests for items to be pulled
frc~n the Consent CaleDa~. Iten No. 6 was pulled by (buncilmember Monia.
1) p]a ' n.,.,,k~ion Actlots, 4/27 - Note and file.
2) Public Safety r~-,-,,{-~ic~ Minutes, 3/14 - Note and file.
3) Parks and Pnr~eatim c..~.,,~-~icel Minuf~, 3/7 - Note and file.
4) l.~:,~ n-~--]~ion Minuf~; 4/27 - Note and file.
5) ~esolutic~l 94-20 appr~ing ~u~m Suppl~aw~lt No. 10 to
~Jre~m~nt with cR]tn~ans ua~rnjx~ CapifR] Project No. 924
(sarat~ga-S~rale ~d. ~a~a.s)
6) Quarfwly Rep~t r, ~ Public Wurks Direc~r~ to ~egi~ Water
Councilmember Monia asked if staff was working with Mr. Whetstone relating to the
envirormental concerns brought out at the City Council meeting of April 20, 1994.
City Engineer Perlin stated that he intends to schedule a meeting with Mr.
Whetstone; however, no meeting has been scheduled at this time. Mr. Perlin added
that staff has investigated water contaminants and noted that water f~ts
conductna on the spring under the townhouses were received yesterday. They
revealed a level 4 in the coliform. Mr.~ Whetstone's analysis is onneistent with
results obtained by the City.
PAS~U5-0o
Mayor Tucker informed the Council that at the request of Mr. Denton that Item No.
6 B be a~-~oassed in a study session following this regular City Council meeting.
p~TRI.TC STtI)Y SESSI~)N, ]]~M~DI3~'E~N FO~ ~{[S ClTf COUNCIL ~K~:~'ING. PASSE) 5-
0.
5. CCI~EMI~C~S F~CM CCMMISSZCMSA~) ~ I~m~.TC
Mayor Tucker asked for discussion relative to Items 5 (A) 1 and 2.
1) Respmse f~n Public Wurks Directur to ~Rnks of ~m M~stcre
at April 20 meeting
City Manager Peacock reminded Council that this item w-as contimaed to May 18th in
order to provide a more cumplete written report.
Councilmember Monia noted that he had previously voiced concern that staff
City ~gineer Perlin provided a brief update of tests conducted by tba City and by
West Valley College and that similar results were obtained frcan both.
Councilmenher Monia asked if it had been determined that the cc~taminants found
City Council Minutes 3 May 4, 1994
were human or animal in nature, and Mr. Perlin staf~ that it was most likely
of both.
MZ~/3~/~ M TO {X~I'INUE DIS(~3SSIC!~ OF ~ IT]~M ~D ~ U'I~ C~, ]~E~:,'3_~
OF NAY 18~H. PAS~U 5-0.
2) ~XmSe C, ~ D~ City Clerk to ~ks of Bert Mar~ at
Mr. Bert Martel, 14420 Fruitvale Avenue, expressed concern relating to response he
has received frun staff. He specified the follc~ing concerns:
a. Intent of the Brown Act as it relates to regular and adjourned
meetings.
b. His request of April 20th was not for all copies of documents relating
to Project 91-09; and,
c. Relating to information requested under the Freedun of Information
Act, he expressed concern that this response had not been reviewed,
since it had not been initialed, and since there was no distribution
list indicating that this response had been reviewed by the City
Manager, the City Ate, ,er the City Council.
Councilmember Kchler asked for clarification frun the Clty Attorney regarding the
question of intent of the Brown Act, as .previously raised by Mr. Martel.
The City Manager clerified that the intent of the Brown Act is that an agenda for
adjourned meetings ha posted within 24 hours frun the time the meeting is noticed,
indicating items of dl-co3ssion.
Bert Martel, 14420 Fruitvale Avenue, reminded the Council and the Students of West
Valley College that there will be a meeting May 12, 1994, at 6:00 p.m., to
Wild Life, at the West Valley College Bcard Room, 14000 Fruitvale Avenue, in
Bill Svobcda, 22440 Mount Eden Road, expressed concern relating to lack of
cu,u,'~nication between himseif and city staff regarding the ~ which allows
bends to be returned to applicants.
Mr. Perlin explained that Mr. Swobcda had pcst~ a cash bond which r~as that
it he added to the warrant list for action by City Council, and stated that the
deadline for su~tting items for the Council's Warrant List had passed,
therefore, Mr. Svobcd~s bond was not included on tonight's agenda. Additionally,
Mr. Perlin apologized for any lack of culuLan~ication between Mr. Swobcda and s~f.
City Manager Peacock informed Mr. Swobcda that a check for his bend WDUld be
railed on May 19, 1994, unless Mr. Swobcda would prefer to pick it up. Mr.
Swobcda asked that it be railed.
C. ~'rr~
/
1) Iet-~s finn Fr-~n M~]]er and Jan F~n resigni~ f~um Hakc~e
Ccunci~ Bur~er expressed regret at the resignations of Fran Miller and Jan
Morgan. She thanked them for their dedicatien and for there work on the Hakone
Feindation Board.
Mayor Tucker expressed the City's appreciation for their service.
2) ~ frc~ Youth ~rmn~ion re~ a~po~.~,.--~s fc~ 1994-95 to
the
Mayor Tucker asked for clarification regarding the request for more members.
City Manager Peacock explained the request for two a~!tional members is to
provide better regresentation throughcut the area, and that terms of office expire
for suue me~abers expires in two years. At that time, the Youth Co~aission will
City Council Minutes 4 May 4, 1994
return to a 12 member c~mission. He rec~Lmenae~ approval of the appointments.
M~/~ MOVED ~D APPROVE ~E A~I'Ei.CMAL APPO]I~]M~TS. P~-~M, 50.
6o
A. PLutnco1 fur Public Offic~-]~ (~a,t/xmed free 4/26)
Councilmember Monia indica~a concern that portions of this document would hinder
cu~Lunications between Councilmembers and staff. He not~a tba following concerns:
, Page 1, under Organizational FramewDrk, billet #1: Tnat a definition
be provided for the words "influence and pressure." He indicated that
differences between s~fe's rec~a~,endation and a Councilmenber,s right
to a~agree with that rec~u~endation could be impeded.
Mr. Peacock suggest~a that althoug~ i~- expressed by Ccunci~ and the
recommendation made by s~[ are not always in agreement, he has never sensed that
Council has tried to influence or pressure him. He contended that c~mL~xr~ication
fL~, Council is necessary in order for the City Manager to explore viable
rec~ndations.
Councilmember Anders~n suggested that establishing a "line of cu~m~uld" whereby
Councilmemkers would oa~umalicate their positions solely to the City Manager, w~/ld
allow the City Manager an ~pportunity to provide ~iate direction to staff.
The City Attorney pointed out that current ordinances ere structured in that
manner.
* Page 2: Request for correction of a misspelling.
* Page 2, paragraph 5, the last sentence: If an emergency exists
requiring immediate attention, this sentence would require a meeting
before action.
Mayor Tucker pointed out that if an emel~ency situation developed, the
Councilmember should relate the situation to the City Manager and let him decide
what, if any, action should be taken.
Councilmember Kohler asked the City Attorney if City Codes su~_rsede the document
in question during times of eme_mgency, and the City Attorney responded that they
do.
Mr. Peacock stated that this document should in no way limit Council,
rights as individual citizens to make responsible oontacts when necessary.
Diso~-~ion ensued relating to appropriate Councilmember a{vectien.
Councilmember ~3nia and City Manager Peacock discussed 8~-~t~shing an
individual Counci~,s right to direct action and/or to inform staff regarding
city services, but not to reqardang city projects.
The Council concurred t_hat using the term "City Services," would be more
apprupriata than "City Projects," as suggested by Councilmenher Anderson.
Further, Councilmember Anderson asked that regarding page two, "Public Office,"
first paragraph, second sentence add the words "personal gain," as follows: "Nor
will it be used to induce or coerce others for econumic benefit or [~_vsonal qain."
Councilmenbez Monia expressed concern that regarding the end of the last page,
last paragraph, the words, "rules of corrluct," needed clarification. He asked
that the document be named or referred to in the title as '~ules of Conduct,"
Councilmember Burger suggested Mr. M~nia's request could be addressed by restating
the sentence as follows: ".. . any member who willfully violates tbase rules of
conduct barein contained and set forth in the Protocol for Public Officials."
City Council Minutes 5 May 4, 1994
B. Policy PLuposal for Distribution of ProGaele frm~ the Hillside
Develu~Lent Fund (continued from 4/26), with Letter from David
Krevanko asking for time schedule for acceptance of improvements to
Tract 6781 (Teerlink Rar~h)
~here was consensus to continue this item to an adjourned meeting immediately
following the regular meeting.
NB~INESS
A. Ordlalml~e/~m~3 Sectira 4-25.170 of the Saratoga City Oode r-l~tlx~
to ~ble ~ ..... mlicati~ (~]~H,~ State C~-+~ Servioe Standards
~ained in Azticle 4.5, Glap~--r 1, Divisim Z of Title 5
C~de (final r~ and ~.~*,u].~tim)
City Manager Peacock presented a brief background of State legislation which was
adop~ in September, allowing city gove~,aLents to establish b~ ordinance the
administration of State Customer Service CATV ~. He sta~ that the
State's adoption of this legislation requires action by ame~ng the City's
existing ordinance. He rec~.~jlded that the Council introduce the ordinance by
title only, waiving further reading, and citing May 18, 1994, as the date for
second reading and aduption allowing the City to establish fines for nml-
c~lianoe. He also recommended a new section be anted to the c~dinance to
regulate late fees as provided by the Federal c~:~nications C~m~dssion. The City
Attorney indicated the language of the additioDal section.
C0uncilmember Kohler asked the City Attorney to clarify the rec~ended action,
and the City Attorney stated that the reoa~nded action would take the fees a
cable c~any is allowed to charge its custcmers for late fees out of the hands of
the cable c~anies and place the barden of establishing these fees with the City
Council.
Councilmember Kohler asked what would happen if the ~hle c~,~anies dlar~ed a
higher rate anyway, and the City Attorney stated that here are penalties for
violations to such established fees.
READR~G, AM) Url'L~g MAY 18, 1994, AS ~E DATE F(R ~ READR~G AM)
Mayor Tucker H~rec~ staff to notify the cable c~any of the City's action.
B. Ordinance Repee]~ng Article 965 and ~ Article 9-70 of the City
City Manager Peacock provided an update of the recu~e~lded action which w~uld
remy~ the transportation management program for trip reduction frc~ the
(Ccelgestion Management ~3ency ) G~A, and place tb~ management with the Air Quality
Board. He rec~lended that the Council introduce an ordinance by title rally,
waiving further reading, and setting May 18, 1994, as the date for second reading
and adoption.
AFa'~. 9-70 OF ~E url~ (EOE MAT/]~] ~O ~HE ~kqPuFd~_~iC~ ~
P~5-0.
C. ~ Auth~rlzir~ PubLicity for I~--..~ng
There were no hearings scheduled May 18..
8. P[m~.vC HEARINGS
There were no public hearings.
9. ul',~ (Z~'~,,.
A. Oral O ..... micati~ (o~,~L~) and i~uctims to s~f regardi~3
.City Council Minutes 6 May 4, 1994
1. ABAG-Anderson
2. Cable TV Board - Mania
3. HCD Policy C~t~ittee - Tud[er
4. Transportation Oatmdssion - Anderson
5. Hakone Foundation - Kohler
6. Flood Control Advisory Board - Bur~er
7. l~gue of Cities Peninsula Division - Tucker
8. Water District O~dssion -- Anderson
9. Santa Clara County Cities Association - Tucker
10. Sister City C~dttee - B~er
12. Transit Assist Board - Bur.~.er
13. SerLior Coord~ting Cuuuttittee - BLIr~Jer
14. West Valley Sanitation District - Burger
15. County Cities As_ca. Legislative Task Force - Monia
16. Emergency Planning Council - Kohler
17. Congestion Management Agency Advisory Board - Burger/Tucker
Kohler/Anderson
19. Crossing Guard Oamuittee - Anderson and Monia
Mayor Tucker as~M if there was anything to report.
Councilmember Monia reported that with regard to the item B (15) County Cities
Association Legislative Task Force that the agreement establish/rig a booking fee
would be made retroactive. /~aa~tionally, be reoam~ended that the City take no
action regarding the smoking initiative.
Councilmember Anderson reported on the Water District C~tmdssion Board meeting.
She said that the County ground ~rater is in good condition this year, however, it
is being requested that the district voluntarily retain scme of the drought
measlures because, although this year's water supply is adequate, there is no
guarantee that there will be enoug~ water in future years, since the past year was
Mayer Tucker asked if staff intended to transmit an informational newsletter to
residents in the r~v future.
Mr. Peacock noted t_hat the City had transmitted a newsletter in March, and that
another one was not scheduled to go out again until September.
Councilmember Anderson added that since 30% of water usage is frcm flushing the
toilet, that the Low Flow Toilet Program providing a rebate to residents who
purvba-~e low flow toilets is still in effect. However, she stated that residents
wishing to participate in the program, are required to obtain an application from
the San Jose Water Company~.. prier to purchasing in order to obtain the
r~h~te. She wanted residents to be aware of the application rec~ements.
Mr. Pearlin noted that there is no fee for plumbir~ [~l-mits when the applicant is
installing a low flow toilst.
Counci~ Burger reported on B (17) Cong~-tion Management Agency Advisory
Board meeting r~ the IsfzA Program, noting that $2.9 million would go back
to the County. She reported that the Capital Improvenent Usa money for the ADA
l~m was approved. Additionally she stated that changes were made to the by
laws to conform to the new amendments to the Brown Act were adopters_.
Counci~ Bur~er reported on B (14) West Valley Sanitation District meeting
approved the proposed badget, and noted that the District received the 1994 award
for sanitation agencies of the year by the State. She stated that the District,s
proazure will be used as tba model program. She cc~mended tha District, and staff
that worked on the program.
Mayor Tucker asked about the Hakone Foundation meeting, since she W'dS notified
that the City w-us not represented at the previous meeting. Councilmember Kchler
stated that he was not notified of the meeting.
Discussion ensued relating to appointing altexnates to agency assi~,ments.
Councilmenher Anders<xl asked that discussion relating to the 46 foot median be
placed on a future Council agenda.
City Council Minu~ 7 May 4, 1994
C. Getmetal C~ulfi I~
1) Ag~da i~--,~ f~ joint m~tlng ~ Y~ O-,-,.~i~ ~ 24
~i~ ~n ~ ~t ~e i~ r~ ~ ~ ~1~ ~
~i~ f~ ~e ~ll~e ~ a~ ~ ~ i~ of ~i~ at ~e jo~ Mt~
~ ~y 12, 1994.
2) ~ f~ ~ ~~, ~Vi~ V. ~,ty ~ ~
~ Ci~ A~ ~tl~ ~e ~ fm N~. He ~t~ ~t ~e ~d ~
~ ~ ~ ~e Ci~. ~e ~ ~i~ ~ ~ ~lf of ~e ~e of
~lifom Citi~ ~ ~ ~ ~ ~ ~ ~ Pi~ ~ ~ ~e~ wi~
~ ~ p~ ~ agi~ ~ ~ N~ ~. He ~ ~t if ~s
law ~ ~, it ~d all~ ~ ~w ~ ~t 1~ g~u~e~ fm
~~ i~ M p~, sm it ~d all~ ~ ~ ~ de~ h~
~al Pi~ ~d ~ ~. ~ ~ ~t 1~1 g~X~L~ ~d ~
~ le ~e~ a~.
3) ~h,e.,~ ~ ~i~ ~~ n.,.,,~M
~r ~ ~ ~t Ta~ F~ ~ ~ ~ ~e r~a~ ~ ~e
H~i~ge ~eti~ ~L~i~.
4) M~m Of ~ ~ ~ ~ jO~ ~ ~ ~ Vallq
~e Mt~ t~ ~ ~ at 6:30 p.m. ~ ~LUL~. (N~: ~ ~
~ 6:00 p.m. at r~ of W~ Vallq ~ll~e.)
5) ~
~i~ ~ ~ e ~t ~a fMy ~ ~d~ ~
~1~ ~ ~ ~ ~ 46 f~t wide ~ ~t it d~ ~ ~ ~ ~ ~t
wide. ~e ~ if ~f ~d r~ mht~ ~ ~ wi~ of ~ frey
~. ~. ~1~ ~ ~ ~ ~t ~ ~e ~ wi~.
~. ~ s~ ~t ~ ~e wi~ ~ ~t 46 f~, a r~ will ~ p~i~.
~e ~y~ ~j~ ~e M~ ~ ~ ~ati~ ~~ ~ at 9:05 p.m.
~ ~t~ ~ion of I~ 6. B.
B. ~q P~ f~ D~m of ~ ~ ~ ~
~=-,~ ~ (~ ~ 4/26) , ~ ~t~ ~ ~
~ ~ f~ ~ ~,]e f~ ~~ ~ {~~ ~
~ 6781 (~ ~)
~ ~lic ~r~ D~ ~ve ~ ~ of ~ p~l ~ ~i~ mi~ at
~e ~ril 26, 1994, adj~ ~ wi~ hE of ~1~ ~. He
~ ~f's ~m ~t ~t faile my ~ ~ ~ ~ ~e ~
of ~e ~t ~g~ ~ ~ a~ly r~.
D~ion foll~ r~ ~ ~ of ~e Ci~ ~liq ~ ~ a~
~llside ~id~tial ~ ~ ~ e ~t ~e hE ~e ~ ~ifi~
~t ~e Ci~ ~d ~ ~ ~ a~ ~ ~.
~. ~ of ~e ~1~ ~ ~ion ~ ~. ~ of ~ ~. ~
~M ~visio~ ~ ~t de ag~ ~ ~ ~e Ci~ ~ ~t ~e
s~ ~d ~ ae ~ ~e Ci~.
D~i~ ~ ~ ~ ~e ~f ~o~1 ~ ~ ~fi~tio~ p~
~ ~. ~n ~ el~ a ~ ad~ ~ ~ ~ Ci~ ~ ~ Ci~ ~d
a~ ~e ~~ ~ ~ ~i~ ~v~i~. ~f ~ ~t ~
ellis ~ do~.
~i~ ~a ~ ~t ~e Ci~ gi~ ~ 10% of ~e m~ ~ y~.
If ~ of it ~ ~, ~ ~ Ci~ will ~ve ~ ~.
~- ~ ~ ~. ~n's ~o~ e a ~L~ , ~ ~a Ci~
~d ~e a ~li~l ~f~ ~ rel~ ~e p~l~.
City Oouncil Minutes 8 May 4, 1994
The Council agreed to give staff two weeks tx~ review the proposal var/ables, agree
not to use the money for routine ma~, establish a time frame where if
funds aren't used, they should either be given beck to the residents or, if
legally possible, ketYc by the City for genel~l street maintenance ~. (The
City Atturney is to research this). ~he Ccuncil will make a decision on June 1.
Staff was direct~ to notify all property ow~Brs and ask each subdivision to
appoint a representative to present its position to the st~f. T~a City Council
is to be provided with the original subdivision conditions on Teerlink Ranch.
The meeting was adjourned at 10:20 p.m. to a joint meeting with the Finance
Ozmmlittee at 7:30 p.m. on Tuesday, May 10, at Administration Me~ting Room, 13777
Fruitvale Avenue and to a joint meeting with the West Valley/Mission C~unity
College Board at 6:00 p.m. on Thursday, May 12, in West Valley College Board Roen,
14000 Fruitvale Avenue.
Respectfully mmhmitted,
Karon Fleming
~Eting Minutes Clerk