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HomeMy WebLinkAbout05-18-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 18, 1994 PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular City Council Meeting Closes Session for the purpose of meet and oonfer instructions to the City Manager in Meeting with the Saratoga Employees Association - 7:00 p.m. in Public Works conference Room. The regular meeting was called to order at 7:35 p.m. by Mayor Tucker PLEDGE OF ALLEGIANCE 1. ROLL CALL Mayor Tucker and Councilmembers Anderson, Burger, Kohler and Monia were present. Staff Present: City Manager Peacock, City Attorney Riback, Public Works Director Perlin, Planning Director Curtis. Mayor Tucker welcomed Scout Troop 562 from Los Gatos and thanked the Pepsi Cola Company for supplying the soft drinks. 2. CEREMONIAL ITEMS A. Resolution reappointing Frank Dutro and Larr~ Fine to Heritage Preservation commission BURGER/MONIA MOVED TO ADOPT RESOLUTION 94-21 REAPMINTING FRANK DUTRO AND LARRY FINE TO THE HERITAGE PRESERVATION COMMISSION. PASSED 5-0. B. Administration of Oath of Office to above C. Resolution on Saratoga citizen of the Year Paul Bowlin KOHLER/BURGER MOVED TO ADOPT RESOLUTION 94-22 ON SARATOGA CITIZEN OF THE YEAR PAUL BOWLIN. PASSED 5-0. D. Proclamatlon concerning Public Works Week BURGER/ANDERSON MOVED TO ACCEPT A PROCLAMATION CONCERNING PUBLIC WORKS WEEK. PASSED 5-0. · E. Proclamatlon concerning the West Valley College Pedestrian Trail Mayor Tucker presented the Proclamation to Mr. Don Stoner. 3. ROUTINE MATTERS A. Approval of Minutes - 5/4; 5/10; 5/12 Councilmembers Anderson and Burger ~equested the following amendments to the Minutes of May 4, 1994: 1. Page 6, paragraph 7, "Santa Clara Valley Water District" should be changed to "San Jose Water Company" 2. Page 3, paragraph 3, under Oral Communications, "Mr. Savona's" should read "Mr. Swoboda's". Mr. Bert Marts1, 14420 Fruitvale Ave., commented on the minutes of May 4 as follows: Page 3, item 2. (c) he would like the following words added to the last sentence "...and did not comply with the legal requirements." City Council Minutes 2 May 18, 1994 Mr. Martel also noted that the City Attorney ' s comments are irrelevant to what he requested. KOHLER/MONIA MOVED TO APPROVE THE MINUTE8 OF MAY 4, 1994 WITH THE AMENDMENTS A8 STATED ABOVE. City Attorney Riback stated the paragraph Mr. Martel is referring to should read "The City Manager..." as opposed to "The City Attorney..." The above motion was carried with verification from the tapes concerning this matter. Passed 5-0. Councilmember Kohler requested the following amendments to the Minutes of May 10, 1994: 1. Page 2, regarding the funding for Joint Venture Silicon Valley, he stated he would like it stated in the record that he was against any funding for Joint Venture Silicon Valley. Councilmember Anderson questioned the funding for School Crossing Guards. City Manager Peacock stated on the budget in June there will be a $5000 increase for the full school year. BURGER/ANDERSON MOVED TO APPROVE THE MINUTES OF MAY 10, 1994, A8 AMENDED. PASSED 5-0. BURGER/ANDERSON MOVED TO APPROVE THE MINUTE8 OF MAY 12, 1994, AS PRESENTED. PASSED 5-0. B. Approval of the Warrant List ANDERSON/MONIA MOVED TO APPROVE THE WARRANT LIST. · PASSED C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 13. 4. CONSENT CALENDAR A. Previously-Discussed Items 1. Resolution adopting Protocol for Public Officials. Councilmember Monia stated the Protocol does not address the assurance that people running for election do not put pressure on staff or other commissioners. He asked if this should be addressed. Councilmember Anderson stated that she believes this is a non- issue and has not seen a problem regarding this. Councilmember Burger believes that commissioners running for Council are covered under the Protocol. She also believes it is a non-issue. BURGER/KOHLER MOVED TO APPROVE RESOLUTION 94~23 ADOPTING PROTOCOL FOR PUBLIC OFFICIALS. PASSED 5-0. 2. Ordinance Repealing Article 9-65 and Adding Article 9-70 of the City Code Relating to a Transportation Management Program (second reading and adoption). city Manager Peacock noted that Article 9-65 should read 9-66. BURGER/MONIA MOVED TO ADOPT THE ORDINANCE WITH THE CORRECTION. City Council Minutes 3 May 18, 1994 PASSED 5-0. 3. Resolution appropriating funds for Heritage Lane Signs. MONIA/BURGER MOVED TO ADOPT A RESOLUTION APPROPRIATING FUNDS FOR HERITAGE LANE SIGNS. PASSED 5-0. B. New Items 1) Planning Commission Actions, 5/11 - Note and file 2) Parks and Recreation Commission Minutes, 4/4 - Note and file 3) Approval of Memorial Day Ceremony at Memorial Arch on May 30, 1994, with services of Deputy Sheriff from 9:00 a.m. to 10:00 a.m. 4) Cooperative Agreement with the Santa Clara County Traffic Authority for Route 85 Community Landscaping 5) Final Acceptance of Public Improvements and Release of Maintenance Security, 15425 Monte Vista Dr. 6) Resolution Removing two-way bicycle Lanes on certain Portions of Via Roncole and Prospect Road 7)Final Map Approval, Kerwin Ranch.- Phase I 8) Authorization for City Attorney to join amicus brief on behalf of City of Saratoga in the case of Berger 'v. City of Morgan Hill 9) City Financial Reports for April: a) Treasurer's Report b) Investment Report c) Financial Report d) Business License Revenue to Date BURGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS ~ THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS 1) Response from Pubic works Director to Remarks of Don Whetstone at April 20 Meeting. City Engineer Perlin presented the staff report dated May 13, 1994, noting he did talk to Mr. Whetstone regarding his concerns. He stated he concurred with Mr. Whetstone that the City should proceed with testing and determine the cause of the fecal coliformbacteria and where it is entering the creek. He noted the tests will occur over the summer. Mr.. Perlin stated the storm drain was video taped, but cracks, if they exist, may not be evident on the tape. Councilmember Anderson asked what the distance is from where the Water is clean to where it is coming out dirty. Mr. Perlin stated the distance is approximately 700-800 feet. He noted testing samples of the flow will be taken from points along the storm drain where access into the drain is possible, e.g. manholes and catch basins. Mr. Don Whetstone, 14768 Vickery Ave., stated the main sewer line from the Village area goes down Big Basin Way to the intersection. He addressed his letter dated April 20th noting that if the water is polluted with coliform bacteria this is a serious violation of both federal and state law. Mr. Whetstone stated back in early 1993, there were reports submitted by the City which contained false statements. He stated his principal concern is children playing in the creek and noted the signs are down in Wildwood Park. He stated the City should put up more descriptive signs. With regards to pollution in the creek, Mr. Whetstone stated the level increases as you go down stream. He noted if there are leaks in the sewer lines, this is the responsibility of the West Valley Sanitation District and Santa Clara Valley Water District, but the City council Minutes 4 May 18, 1994 city should have this problem investigated and find out what the problem is and what is causing it. Mr. Whetstone presented handouts of the Federal Water Pollution Control Act. Councilmember Monia asked if there is a sewageline leakage, what action does the City need to take. He also expressed concern about the health issue and noted it is important that the Council give direction to the City Manager if leaks do actually exist. Mr. Perlin stated sewer lines do leak, as there is an inherent problem with sewer lines over time. He stated he does not believe there is a major rupture in the sewage line as there would be more physical evidence. He believes staff is dealing with the common problem which exists wherever there are sewer lines. He noted, attempting to pin-point the cracks is a difficult task, but he will talk to the Sanitation District regarding this. He stated he can request that the Sanitation District televise the sanitary sewer lines to identify any problems. Councilmember Monia stated he would like to know the City~s legal obligation if there is a sewer leak. Councilmember Anderson stated she would like tests conducted which will identify whether the fecal coliform is human or animal. She stated if there are old sewers under the intersection they may need to be replaced. Councilmember Anderson believes the Council should not get too alarmed at this point as she was told by a staff member at the Regional Water Board, if there is a sewer leak it will be very obvious. Councilmember Kohler asked about other forms of testing. Mr. Perlin stated they can do dye testing and have been doing this throughout the Village area with negative results so far. City Manager Peacock stated they need to test the main line on Big Basin Way. Mayor Tucker stated staff has done a remarkable job investigating this and working with the different agencies. She stated they need to continue this work and by working together they should be able to find a solution. B. ORAL COMMUNICATIONS Mr. Dave Ne~nnark, 19165 Austin Way, West Valley College, stated he would like to report to the Council that the students at West Valley College struck an agreement with the Transportation Agency regarding flash passes. He noted state law also allows other large entities to buy into a similar program. He stated the City may want to look into this program which could involve both the students and post office employees. Councilmember Anderson asked if the students have any programs dealing with carpooling. Mr. Newmark stated they are involved in carpooling and have many incentives, one of which is free parking for those who carpool. Mr. Thomas Reddick, 12389 Larchmont Ave., expressed concern about the time limitation under Oral Communications. He noted people would like the opportunity to speak before the end of the agenda. Mr. Don Wolfe, Co-Chair, Saratoga-Hamburg, Iowa Relief Fund, asked Councilmember Anderson to join him. Mr. Wolfe read a letter from a State Senator in Iowa and presented Councilmember Anderson with a certificate of recognition from the Iowa State Senate. 8. PUBLIC HEARINQS - 8=30 p.m. City Council Minutes' 5 May 18, 1994 A. Ordinance amending the smoking ordinance to further restrict smoking in certain areas (first reading and introduction). City Manager Peacock stated the ordinance before the Council does not contain standard sections 12 and 13, but these will be included. He also noted staff received a letter from the Lung Association recommending additional items to be placed in the ordinance. Mr. Peacock reviewed the items as addressed in the. letter dated May 18, 1994 from the American Lung Association as follows: 1. 7.30,030 Restaurants Smoking allowed throughout outdoor seating areas, especially in walled-in areas with less air flow, can rule out safe areas. Without non-smoking sections being assigned outdoors, there is no protection. Under such conditions the pleasure of eating outdoors safely would be denied to the over 80% of the population who do not smoke. 2. 7-35.050 Smoking Permitted 3) Private clubs serve the public. ETS is a serious health hazard. Surely even private clubs should be required to make some accommodation for public safety. 5) For purposes of discussion, the Council might clarify by providing example of "areas not generally open to the public" that do not fall under Section 7-35.040. 6) It would help inform the public of recent state legislation if the Council added "as, for example, during the provision of childcare." 7) Smoking allowed in small enclosed spaces such as that in vehicles can cause especially high exposure to ETS. Smoking should at least be prohibited in city-owned vehicles and other company- owned vehicles when nonsmokers are present. The public hearing was opened at 8:34 p.m. Ms. Sandy Bouja, 1469 'Park Ave., San Jose, American Lung Association, addressed the letter dated May 18, 1994 from the American Lung Association. She reiterated the recommendations as written above. She stated the Association has a strong issue with outdoor eating and employees having to work in this as well as employees having to work in private clubs which allow smoking. Ms. Gay Crawford, resident, stated she was past president of the State Board of the Cancer Society and noted there are many volunteers in Santa Clara County. She noted tobacco causes lung cancer and the strongest ordinances to prohibit smoking have come from local governments. She stated small businesses in general support no-smoking, it is good for all people and employees need to be considered. She would encourage the Council to pass a strong ordinance and would support the recommendations from the American Lung Association. Ms. Sandy Bell, Los Altos, stated she is a volunteer with the American Cancer Society, working on a committee to monitor the Philip Morris Proposition. She noted she is pleased to see the Council take action as this is very important. The public hearing was closed at 8:40 p.m. Councilmember Anderson stated she has discussed this issue with several people who feel strongly about an ordinance which prohibits smoking. She stated the City needs to also consider employees in establishments which allow smoking. City Council Minutes 6 May 18, 1994 ANDERSON/BURGER MOVED TO INTRODUCE THE SMOKING ORDINANCE TO FURTHER RESTRICT SMOKING IN CERTAIN AREA8 AND ALSO TO INCLUDE THE RECOMMENDATION8 FROM THE AMERICAN LUNG ASSOCIATION. Councilmember Burger stated she agrees with most of what the American Lung Association requests, but is concerned 'about prohibiting smoking in privately owned clubs. She believes the . Council may be over legislating if they require this. She noted smoking may not be a problem, because the owner of a private club who allows smoking, may suffer from lack of business. She stated she would include City-owned vehicles and would be open for discussion with regards to outdoor seating. Mr. Peacock stated he would be concerned about the City being able to monitor no-smoking laws in privately owned vehicles. Councilmember Kohler 'stated people should be allowed to smoke in outdoor areas, but would be willing to discuss enclosed outdoor areas. Councilmember Monia stated his interpretation of the ordinance was that if a private club hired employees, that is their place of work, therefore smoking is prohibited. City Manager Peacock stated this may include restaurant workers who serve outdoors. Councilmember Anderson stated she would urge the Council to adopt a no-smoking for outside areas as it affects people sitting near by. Mayor Tucker stated the ordinance presented by staff with a few minor modificationsis acceptable. She expressed concern about over regulating and noted people should be able to smoke outdoors' as well as in a private club if they so wish. Councilmember Monia stated they need to address the issue about employees as he believes there is a conflict in the ordinance as written. He stated it would be his preference tha~ all employees are protected from smoking areas. The Council took votes on the recommendations from the American Lung Association. 1. Smoking allowed throughout outdoor eating areas. RNDERSON/MONIA MOVED THAT THIS PROVI8ION BE RULED OUT. FAILED 2- 3 (Tucker, Burger, Kohler No). 2. Private clubs which serve the public. ANDERSON/MONIA MOVED TO NOT EXEMPT PRIVATE CLUB8 BECAUSE OF THEIR WORK PLACE CONDITIONS. FAILED 2-3 (Tucker, Burger, Kohler No). 3. Include "as, for example, during the provision of childcare.,, ANDERSON/HONIA MOVED TO INCLUDE THIS STATEMENT. PASSED 5-0. 4. No-smoking in city-owned vehicles. City Manager Peacock stated staff are preparing to do this. ANDER8ON/MONIA MOVED TO INCLUDE NO-SMOKING IN CITY-OWNEDVEHICLES. PASSED 4-1 (Tucker opposed). Councilmember Monia stated the Council should instruct the City Manager to define more accurately the issue concerning private clubs being exempt. city Council Minutes 7 May 18, 1994 City Attorney Riback stated he will address this issue. Councilmember Burger expressed. concern about government overstepping its bounds and smokers should be allowed to smoke in certain areas. Councilmember Monia asked if the Council will concur and direct the City Manager to come back with regulations concerning cigarette vending machines. Councilmember Anderson asked for a copy of the Philip Morris Initiative, City Manager Peacock stated staff would obtain a copy of the initiative and distribute it to the Council and they could vote on this at the next Tuesday night meeting, He also noted he will address the vending machine issue and come back with the amendments for introduction. at the next Council meeting, 5. C. WRITTEN COMMUNICATIONS 1) Don Miller, 14600 Wild Oak Way, resigning from Hakone Foundation Board Staff recommends that the City Council accept the resignation with regret. ANDERSON/BURGER MOVED TO ACCEPT THE RESIGNATION WITH REGRET. Councilmember Burger commended Mr. Miller for his work and dedication to the Hakone Foundation Board and is sorry to see him resign. Mayor Tucker stated the Council appreciates the work Mr. Miller has done and accept his resignation with regret. Councilmember Anderson suggested presenting Mr. Miller with a proclamation. The above motion was carried 3-0-2 (Kohler, Monia temporarily absent). 2) eladys Armstrong, Hakone Foundation President, requesting approval of plan for construction of storage facility at Hakone Gardens and waiver of fees. Ms. Gladys Armstrong, President, Hakone Foundation, presented a rendering of the building in relationship to the Cultural Exchange Building. BURGER/ANDERSON MOVED TO APPROVE THE PLAN FOR CONSTRUCTION OF STORAGE FACILITY AT HAKONE GARDENS AND WAIVER OF FEES. PASSED 5- . 6. OLD BUSINESS A. Sign Ordinance Report from Community Development Director Planning Director Curtis presented the staff report dated May 18, 1994, noting there are three alternatives to deal with the Sign Ordinance: 1. Follow the Chamber of Commerce's recommendations, which is basically the same kind of ordinance presented by staff and this could go to a public hearing in a short period of time. Mr. Curtis believes that once the Council start discussing this ordinance a study would be required. City Council Minutes 8 May 18, 1994 2. A 5-6 month time period, delay the sphere of influence study and allow staff time to study this and look at other cities' ordinances. Mr. Curtis stated if this format was followed, items staff is currently working on would be delayed and the sphere of influence study will not be started until February 1995. 3. Wait until the Sphere of Influence study is completed and then work on the sign program. Mr. Curtis stated another alternative which may be considered is, assuming the Council feels that there is a need to change the ordinance, proceed with the ordinance amendments. He stated if changes are not necessary then staff should not proceed. He noted any proposal will require a study. Councilmember Anderson stated the Council asked the Chamber to give them recommendations regarding this and would like to look at this. She spoke in support of alternative #1, but noted she would like to keep the Sphere of Influence study on track if possible. Councilmember Burger stated if the Council decides to go ahead with the public hearing on the proposal from the Chamber a study will need to be done. She stated if this happens staff time will be wasted by starting sooner. She asked if they decide to do a study, where does this fit in with the work program and noted it is Mr. Curtis' feeling that the Council would not jeopardize themselves by considering a delay in the sphere of influence study, because at this point in time it is not crucial. She spoke in support of alternative #2. In response to Councilmember Kohler's question regarding temporary signs, Mr. Curtis stated the Planning Commission will hold a hearing on June 8 regarding this issue. 'He stated his recommendation will have a sunset clause included. He stated it does not propose an interim ordinance to deal with permanent signs. Councilmember Kohler suggested discussing certain aspects of the ordinance to help the merchants with their signs. Mr. Curtis stated if this is done quickly, he is concerned about delays because a study is required anyway. Councilmember Monia stated his preference is alternative 2, given the fact that there will be flexibility with the temporary sign ordinance. He does not believe that they need a sign ordinance which has the same rules and regulations for every area in town. He would like to see, in the discussion about temporary sign ordinance, lots of flexibility, e.g. a review period. He stated they could address some major problems now and take time to study the ordinance. Councilmember Burger stated if Council wants staff to do a study, staff would like specific direction from the Council. She expressed concern that if they go forward with the ordinance as proposed, they are buying into the concept that this will fix the merchants' problems. She spoke in support of the study approach. Mayor Tucker spoke in support of alternative #2 and noted other cities' ordinances should be studied who have the same characteristics as Saratoga. She noted staff needs time to do a study. Councilmember Anderson stated she got the feeling from merchants that they were expecting the Council to expedite this operation. She stated she would like the Council to expedite this and noted one of the biggest complaints in Santa Clara County is slow government process. She added she will vote against alternative #2 because this should be moved forward quickly. City Council Minutes 9 May 18, 1994 KOHLER/ANDERSON MOVED TO SUPPORT ALTERNATIVE #1. FAILED 2-3 (Monia, Tucker, Burger opposed). MONIA/BURGER MOVED TO DIRECT STAFF TO PROCEED WITH ALTERNATIVE GIVING PRIORITY AND MAXIMUM FLEXIBILITY TO THE TEMPORARY SIGN ORDINANCE. PASSED 3-2 (Anderson, Kohler No). Mr. Curtis stated he will work with the Chamber of Commerce to identify areas of concern. 6. B. Ordinance Amending Section 4-25.170 of the Saratoga City Code relating to Cable Communications implements State Customer Service Standards contained in Article 4.5, Chapter 1, Division 2 or Title 5 Government Code (second reading and adoption) City Manager Peacock noted they received a letter from Intermedia Partners concerning this ordinance late this afternoon. He noted what the City is doing at this point is implementing State law and the penalties are set forth by state law. Mr. Peacock pointed out that Intermedia Partners own Southbay Cable.. Councilmember Monia thanked Mr. Haggarty from Southbay for responding to the Cityts concerns. Mr. Haggarty, Southbay Cable, stated they do try to listen to the customers and deal with concerns. He stated he has not had the opportunity to discuss the letter from Intermedia Partners, but will respond to any failures to comply with State and local standards. Councilmember Monia asked about late fees. Mr. Peacock stated staff will be researching this and talking to Southbay about this. Councilmember Anderson stated Southbay has been responsive to complaints from residents. She believes customers do not want to subsidize late paying customers. KOHLER/BURGER MOVED TO ADOPT THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. 7. NEW BUSINESS A. Resolutions Reauthorizing Landscaping and Lighting Assessments District LLA-1 for 1994-95 1. Resolution describing improvements and directing preparation of the Engineer~s Report 2. Resolution appointing Attorneys City Engineer Perlin presented the staff report dated May 18, 1994. Councilmember Anderson noted that the City replaced lights in the Greenbriar sign and asked if the City is responsible in the case of vandalism. Mr. Perlin stated the district would be responsible. BURGER/KOHLER MOVED TO ADOPT A RESOLUTION ORDERING THE ENGINEERs8 REPORT AND APPOINTING THE ATTORNEY~8 FOR THE DISTRICT. PASSED 5- e City Manager Peacock stated that the proposal from John H. Heindel is not on the agenda. ANDERSON/BURGER MOVED TO PLACE ITEM 7A(3)ON THE AGERDA. PASSED 5-- e City council Minutes 10 May 18, 1994 3) Proposal from John H. Heindel to perform the assessment engineering services. BURGER/KOHLER MOVED TO ACCEPT THE PROPOSAL FROM JOHN H. HEINDEL TO PERFORM THE ASSESSMENT ENGINEERING 8ERrICES FOR THE DISTRICT FOR THE AMOUNTS SPECIFIED IN THE PROPOSAL. PASSED 5-0. B. Memo Authorizing Publlcity for Upcoming Hearings - Budget~ Weed and Brush Abatement. MONIA/ANDERSON MOVED TO AUTHORIZE THE PUBLICITY FOR UPCOMING HEARINGS. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. B. Agency Assignment RepOrts 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HOD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Kohler 6. Flood Control Advisory Board - Burger 7. League of Cities peninsula Division - Tucker 8. Water District Commission - Anderson 9. Santa Clara County Cities Association - Tucker 10. Sister City Committee - Burger 11. Traffic Authority Policy Advisory Board - Tucker 12. Transit Assist Board - Burger 13. Senior Coordinating Committee - Burger 14. West Valley Sanitatfon District - Burger 15. County Cities Assn. Legislative Task Force - Monia 16. Emergency Planning Council - Kohler 17. Congestion Management Agency Advisory Board - Burger/Tucker 18. Local Transportation Authority Policy AdvisoryBoard - Kohler/Anderson 19. Crossing Guard Committee - Anderson/Monia Councilmember Monia reported On Cable TV Board and addressed the franchise fee. He noted because of expanded programming, funds are insufficient and Council will have to make a decision next September regarding this. He added the President of KSAR is moving from the City and has resigned; the position will be advertised. Councilmember Anderson reported o'n the Transportation Commission and noted they had a discussion on the fast start train between Alameda County and San Jose. Councilmember Burger reported on the Flood Control Advisory Board and noted that every five years the Army Corps of Engineers issue the permits to the Santa Clara Valley Water District, which in turn allows the district to issue permits for small construction permits for projects in creeks throughout Santa Clara County. She noted this permit expires on June 15, 1994 and the Corps is indicating that this will not be renewed. She added the district is trying to negotiate with the Corp to renew the permit. Mayor Tucker reported on the Traffic Authority Policy Advisory Board noting the Traffic Authority brought forward a proposal to revise the 1994 strategic plan regarding financing. She stated at the meeting she discussed the light at Quito and was told the Traffic Authority will look into this. Mr. Perlin stated it was indicated by the Deputy Director of the Traffic Authority that one location they may be looking at securing funds to pay for the traffic signal would be the surplus funds that City Council Minutes' 11 May 18, 1994 appear to be available from the MuttonHouse landscaping. He noted there may be enough money to do all the landscaping and put in the light. Councilmember Burger reported on the Senior.Coordinating Committee and noted they elected new officers and passed the by-laws. Councilmember Kohler reported on the Emergency Planning Council and noted they discussed the upcoming soccer event at Stanford. C. General Council Items 1. confirmation of Date for Youth commission Interviews There was consensus to set interviews for June 1 before the regular meeting. 2. Other Councilmember Burger addressed the letter received from the City Attorney regarding the Oddfellows project and the Planning Commissioners running for Council. She asked had copies gone to the press and if not she would submit copies to them. Mayor Tucker stated that Mr. Whetstone asked the City Attorney to look into the issue of the Creek. City Manager Peacock stated if they find some source they can identify in the creek then the City needs to know its legal obligation. He stated this may be a complicated issue because most of the storm drain system is the property of the State of California and the sewer system is the property of Sanitation District and the guestion is what authority could the City have to either the State or the District in ordering them to repair their system. Mr. Perlin stated Mr. Whetstone also made a suggestion about additional signs. Councilmember Monia asked if staff believes there may be a sewage leak into the system. He stated if staff do believe there is a problem, they should get an opinion from the health department. Regarding the signs, Mr. Peacock stated the signs posted last year were appropriate and have not been removed by the City. He added if these signs are down staff will put them back up. Regarding the pollution, Mr. Peacock stated staff has not changed their position and they are still investigating possible pollutants in the creek. Mayor Tucker stated the staff is moving forward on this issue and working with the different bodies to deal with this. She added they need to take a steady course of action and find out the problem. The Council discussed the possibility of new signs as suggested by Mr. Whetstone. They decided if any signs are down they should be put back up, but it is not necessary to post new signs. 10. ADJOURNMENT The City Council adjourned at 10:25 p.m. to a joint meeting with Youth Commission and a joint meeting with the Finance Advisory Committee on Tuesday, May 24, at 7:30 p.m. in Administration Meeting Room, 13777 Frultvale Avenue. Re pectfully submitted i Minutes Clerk