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HomeMy WebLinkAbout06-15-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 15, 1994 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Kohler, Burger, Anderson, Mayor Tucker Councilmembers Absent: Monia Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planning Director Curtis 2. CEREMONIAL ITEMS A. Proclamation commending Henry Yamate BURGER/KOHLER MOVED TO APPROVE A PROCLAMATION COMMENDING HENRY YAMATE. PASSED 4-0-1 (Monia absent) B. Proclamation for Schoolchildren of Ecole Mixte des Coteaux BURGER/KOHLER MOVED TO APPROVE A PROCLAMATION COMMENDING THE SCHOOLCHILDREN OF ECOLE MIXTE DES COTEAUX. PASSED 4-0-1 (Monia absent). Councilmember Anderson pointed out that this is a sister school of Foothill Elementary. Mayor Tucker congratulated the City because Saratoga Hillside Fire Protection Task Force Program has been awarded an honorable mention for the best program in Santa Clara County for 1993 by theAmerlcan Society of Public Administration. She noted this is the City's.second award from ASPA. 3. ROUTINE MATTERS A. Approval of Minutes - 6/1; 6/8 Councilmember Burger amended the minutes as follows: 1. Page 9, item 4, She noted she voted no because she at least wanted to discuss the issue. City Manager Peacock stated this will be a notation in the minutes as Councilmember Burger did not state this at the 6/1 meeting. He noted this will be verified through the tapes. Regarding the same item, Councilmember Anderson stated it was her understanding that Mr. Drake was asking for a policy. She stated she would also like this verified through the tapes. Councilmember Burger stated he was asking that this be part of the policy. ANDERSON/BURGER MOVED TO APPROVE THE MINUTES OF 6-1 AS AMENDED. PASSED 4-0-1 (Monia absent). ANDERSON/KOHLER MOVED TO APPROVE THE MINUTES OF 6-8, A8 PRESENTED. PASSED 4-0-1( Monia absent). B. Approval of Warrant List KOHLER/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0-1 (Monia absent). C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was City Council Minutes 2 June 15, 1994 properly posted on June 10. 4. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance amending the smoking ordinance to further restrict smoking in certain areas (second readlngand adoption) (continued from 5/lS) Staff recommends that the City Council adopt the ordinance by title only, waiving further reading. BURGER/KOHLER MOVED TO ADOPT ORDINANCE 71-139 BY TITLE ONLY, WAIVING PURTHER READING. PASSED 4-0-1 (Monla absent). B. New Items 1) Planning commission Actions, 6/s - Note and file. 2) Parks and Recreation Commission Minutes, 5/2 - Note and file. 3) Finance Advisor7 Committee Minutes, 3/3~ 3/21~ 4/4~ 5/2 - Note and file. 4) cooperative Agreement with city of Cupertino for Maintenance of Traffic Signal~ at Saratoga-Eunnyvale Rd. and Prospect Rd. - Authorize Mayor and City Clerk to execute Agreement. 5) Agency Agreement for Countywide AR939 Implementation Fee - Authorize Mayor and City Clerk to execute Agreement. 6) Resolution 94-26 On 1993/94 Used Oil Curbside Collectlon Promotion Grant - Adopt resolution; authorize Mayor and city Clerk to execute Agreement. 7) Special Event Permit restricting Traffic on Bohlman Rd. and Parker Ranch Area on July 4, 1994 - Approve use of reserve deputies. 8) Direction tO Staff to Review conflict of Interest code 9) city Financial Reports for May= a) Treasurer~s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. d) Business License Revenue to Date - Receive and file. BURGER/ANDERSON MOVED TO APPROVE CONSENT CALENDAR 4B. PASSED 4-0-1 (Monia absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS 1) Correspondence from Bert Martel presented at the June 1, 1994, meeting concerning wetlands mitigation project, with staff responses. Staff recommends that the City Council receive and file. City Manager Peacock stated Mr. Martel also asked for summary reports City Council Minutes 3 June 15, 1994 on football games at West Valley College and these were submitted to him. Mr. Bert Martel, 14420 Fruitvale Ave., addressed the minutes of April 24, 1994 and noted the information which is on page 4, paragraph B is untrue and would like this stricken. Regarding item C of the same minutes, Mr. Martel addressed a letter sent to the editor on March 17th from Mr. Rose, the City's contact at West Valley College, who claimed he did not receive the firstwritten draft for Capital Project No. 91- 09. He stated Dr. Chavez did not see or read this draft until March llth. Mr. Martel addressed the California Public Records Act and believes he can obtain a copy of the draft. City Attorney Riback stated assuming, Mr. Rose is the Counterpart to Mr. Perlin in the City, Mr. Rose is not a member of the Public, but a representative of West Valley College, who is working with Mr. Perlin in that capacity in preparing the draft. City Engineer Perlin stated the Council has not received a copy of this draft and he is uncomfortable releasing this to the public before the Council or the College Board see it. Councilmember Anderson stated if staff can verify that Mr. Rose did in fact release a copy, the City should give a copy to Mr. Martel. Mr. Martel noted the video tape of the last City Council meeting is not available at the library and he would like to obtain a copy. (Note: Because of technical problems, there was no audio on the video tape, so a tape of the meeting was not made.) BURGER/ANDERSON MOVED TO RECEIVE AND FILE. PASSED 4-0-1 (Monla absent). B. ORAL COMMUNICATIONS Dr. F.L. Stutzman 15195 Park Ave., read a prepared statement to the Council regarding his dismissal from speaking at the June 1st meeting' under oral communications. A copy of this statement was submitted as part of the record. Mayor Tucker stated that Dr. Stutzman singled out two Councilmembers and she did not feel this was appropriate. Councilmember Kohler stated his time spent on the Council has been very rewarding. He stated freedom of speech is very important and he was attacked on his campaign regarding this matter. Councilmember Kohler stated there was an article in the San Jose Mercury News accusing him of allowing only friends to speak at Council meetings when he was Mayor. Mr. Kohler explained this situation and noted this was definitely not the case. He thanked all those people who helped him during his term and his campaign. Mayor Tucker stated on behalf of the City Council and City she would like to thank Councilmember Kohler for his service on the Council. C. WRITTEN COMMUNICATIONS 1) Helg~ Ruby, President, League of women Voters, regarding the need for affordable housing in Saratoga. Staff recommends that the City Council refer this matter to the Planning Commission to consider in its updating of the City's Housing Element to the General Plan. Councilmember Anderson recommended that a note be attached to the letter to the league asking them to come down to the meetings and express their concerns when housing matters are heard. Councilmember Kohler asked for a definition of "Affordable Housing". City Attorney Riback stated every city in California is required to City CoUncil Minutes 4 June 15, 1994 have in place an updated housing element which should be reviewed and updated every five years. City Manager Peacock stated affordable housing falls into three categories: Moderate -those earning 120% of the median family income; Low - those earning 80% of the median family income and; very low - those earning 50% or less of the median family income. He stated ABAG gives the City the number of various housing units required and the City has the opportunity to comment on this. He stated there are major efforts at the State level to revise the Housing Element and the City is waiting on these revisions. Councilmember Anderson noted there will not be affordable housing on the Paul Masson site as the league should have participated in the hearings when this was reviewed by the Planning Commission. BURGER/KOHLER MOVED TO REFER TO THE PLMqNING COMMIS8ION TO CONSIDER IN ITS UPDATING OF THE CITYe8 HOUSING ELEMENTTO THE GENERAL PLANAND ALSO TO INFORM THE LEAGUE OF SUCH HEANINGS. PASSED 4-0-1 (Monia absent). 2) 1994 Grand Jury Report on False Burglar Alarm Ordinances Staff recommends that the City Council authorize the Mayor and City Manager to respond to the Grand Jury as proposed in the report from the City Manager. Councilmember Anderson asked whether, when the City receives a recommendation from the Grand Jury, this is a mandate. City Manager Peacock stated the only requirement is to respond within 90 days. City Manager Peacock presented the staff report and revised the changes proposed by the Grand Jury and Saratoga's response as outlined in the staff report. He noted the current system has worked fine. BURGER/KOHLER MOVED TO AUTHORIZE THE MAYOR AND CITY MANAGER TO RESPOND TO THE GRAND JURY AS PROPOSED IN THE REPORT FROM THE CITY MANAGER. PASSED 4-0-1 (Monia absent). 6. OLD BUSINESS 7. NEW BUSINESS A. Report from Bicycle AdvisoryCommlttee on Bicycle Lane Plan Staff recommends that the City Council either a) forward directly to Planning Commission to consider with Circulation Element update along with any general comments or b) return to Bicycle Committee to address any specific concerns raised by the COuncil, then have Bicycle Committee forward to Planning Commission to consider with Circulation Element. City Engineer Perlin presented the staff report noting the Bicycle Lane Plan has been reviewed by the Planning Commission, the Public Safety Commission and the Parks Commission. Councilmember Burger stated a lot of work went into this plan and she has no specific concerns or comments. She recommends that this go to the Planning Commission to consider with the Circulation Element update. Councilmember Anderson stated yellow railroad lines on the map should be clearly delineated. Mr. Peacock stated bicyclists cannot use the railroad bridge to cross Saratoga Ave. Mr. Perlin noted the yellow line on the Plan is a wish. He stated there are a number of creeks which would need separate structures or bridges to accommodate bicycles. Councilmember Kohler expressed concern about bicyclists on Pierce Road noting this is the most dangerous area in Saratoga. He noted past City Council Minutes 5 June 15, 1994 Councils have always been negative about a bike path on Pierce Road. He believes if a bicycle path cannot be separated from the traffic, there should not be one. He also noted the residents on Pierce Road do not want to see the trees removed to widen the road. Mr. Perlin stated the plan identifies Pierce Road as a bicycle route as opposed to a path. He noted this is one of the most popular routes for bicyclists within the County. He stated the plan recognizes that Pierce Road is used by bicyclists and therefore it is postedas a bicycle route. Mayor Tucker questioned the bicycle lane. She noted she has questions about some sections of the bike lanes and whether these lanes are wide enough to accommodate park cars and also have a bike lane. She stated she also hopes that the BAC contacts neighbors where these bicycle lanes may occur. Mr. Perlin stated if not posted on the plan, parking will not be allowed in the bicycle lanes. City Manager Peacock stated he is not sure all the areas indicated on the map as bicycle lanes with parking exist, and believes the map should be more precise. He stated the City needs to be sure before the master plan is adopted, that this plan is achievable. City Engineer Perlin stated staff who worked on this map did consider the width of the streets where bicycle lanes would be. He noted there are only certain locations where parking will be permitted, and these are indicated on the map. He added this is a significant issue and the Council should be comfortable with this plan before approving it, as this issue has caused problems in past years. Mr. Peacock stated the City Council needs to decide that in areas not sufficient for both parking and bicycles, what the policy will be. He noted this type of instruction to the Bicycle Advisory Committee and the Planning Commission is essential. Councilmember Anderson expressed concern about liability if the City marks the map as a bicycle lane and there is an accident because there was not enough room for both a car and the bicyclist. She suggested the City Attorney review the map and the City Council have a joint meeting with the Bicycle Committee. She also suggested if cars are allowed, it be identified as a bike route and not a path. Mayor Tucker suggested a meeting with the Bicycle Advisory Committee. Councilmember Kohler suggested that the City Attorney look at the signage to make sure it is legal. It was a consensus of the Council to decide at the next Council meeting on a date to meet with the Bicycle Advisory Committee. 8. PUBLIC HEARING8 - 8:30 p.m. A. City of Saratoga 1994-95 Budget (Correspondence relatlng to budget hearings: City Manager~s Report on Police Costs for Campbell and Los Gatos Police Departments) Staff recommends that the City Council 1) Adopt resolution approving the revised budgets for fiscal years 1993-94 and 1994-95; 2) Adopt resolution on appropriations limit for fiscal year 1994-95. City Manager Peacock presented the staff report noting before the Council are the revised pages of the budget as a result of comments made by the Council at the last hearing. Mr. Peacock briefly reviewed the summary of the budget appropriations. He reviewed his memo to the City Council dated June 15, 1994 regarding police services. He noted he met with the Sheriff along with other City Mangers to request that the Sheriff keep the cost increase to a more reasonable 4.5% when the final figures are developed. Mr. Peacock reviewed the resolution to be adopted by the Council. C~t~ Council ~nutes 6 ~une 15~ 1994 Councilmember Anderson commented on page 45 of the revised budget and noted the contribution to Redwood School was actually pre-paid rent. Councilmember Anderson also addressed the letter received from the Prides Crossing residents. Mr. Peacock stated the residents of Prides Crossing attended the Public Safety Commission meeting and also talked to Mr. Perlin. Mr. Perlin stated for several months the residents, particularly along Miller, have been working to come up with means to reduce the amount of traffic, reduce speed and deal with other traffic related issues. He added the residents met with the Sheriff's Department and the Public Safety Commission and presented a formalized plan. He noted the Public Safety Commission took comment, but did not take action on the matter because they felt the nature of the problems may disappear, or at least change, after the opening of Highway 85. He added the City is currently taking traffic counts around the City including the Prides Crossing area. He noted the Commission wants a chance to review this data before making any recommendations. He noted another concern of the Commission was that any change in the traffic patterns may affect over 1100 property owners who are unaware of this issue. Mr. Perlin stated the Prides Crossing residents want a neighborhood traffic circulation study to be performed, and such a study goes beyond staff resources, and there would be a need to hire a consultant. He noted it was suggested to the residents to approach the Council directly to explore the possibilities of such a study. Councilmember Anderson stated increased traffic surveillance by the' deputy sheriffs usually helps slow down the traffic. Mr. Perlin stated the deputiesin Saratoga are already spread thinly. Mayor Tucker asked how much a study would cost and whether it can be funded. The public hearing was opened at 8:55 p.m. Mr. Bert Martel, Fruitvale Ave., addressed the Quarry Creek project and the money allocated for the Wetlands at West Valley College. He suggested this money be spent on something more worthwhile. Ms. Roxie Elderry, 12546 Miller Ave., read the letter submitted to the Council from the Prides Crossing Residents dated June 15, 1994. Councilmember Kohler asked whether better implementation of the Sheriff's Department in this area would take care of the residents' concerns. Ms. Elderry stated they see a deputy daily, but it is only effective when he is present. She stated the main problem is the volume of traffic. Mayor Tucker closed the public hearing at 9:05 p.m. In response to Councilmember Anderson's question, Mr. Perlin stated the City does have traffic data from 1989 and are currently updating this data. CouncilmemberA~nderson stated traffic counts should be compared to 1989 to see if there is a big difference. Mr. Perlin noted they will also be taking traffic counts after Highway 85 has opened. Mr. Peacock stated an evening traffic deputy is budgeted, and the City is also going to purchase.a speed control device, which is portable and can be moved all over the City. Councilmember Kohler stated the implementation by the deputy sheriff's is very important as the neighbors have a concern about the traffic and he would encourage a study. City Council Minutes 7 June 15, 1994 Mayor Tucker stated the City needs to look at the 1989 figures and the new study as well as the residents work. She agrees that they should wait until after the opening of highway 85 to see the impact on the City. Regarding cost, Mr. Peacoc~ stated this could be an expensive project as many things will need to be looked at. He noted the cost could not be absorbed in the current budget. Councilmember Anderson stated the homeowners should work on writing up grants. Mr. Peacock stated reports are needed before applying for grants. Councilmember Kohler addressed the Wetlands and the money proposed to be spent on this project. He stated the money was taken from the Quarry Creek project and should be used for Quarry Creek. He stated after his visit to the wetlands at West Valley College, he did not see much enthusiasm from students or teachers and believes this will be money wasted. He believes that Quarry Creek is more of a wetlands and the money should go to improve this. Councilmember Anderson stated this is mandated replacement wetlands. She stated when she went on the tour of the wetlands and believes there was enthusiasm and a commitment .to the City. Councilmember Anderson noted that the Governor has misplaced money and may come looking for it at the Cities and Counties. BURGER/ANDERSON MOVED TO ADOPT RESOLUTION 93-25.14 REVISING THE CONSOLIDATED BUDGETS FOR FISCAL YEARS 1993-94 ~ 1994-95, MAKING APPROPRIATIONS AND AUTHORIZING CARRY-OVERS THERETO AND EXPENDITURES THEREFROM. PASSED 4-0-1 (Monia absent). BURGER/ANDERSON MOVED TOAD OpT RESOLUTION 94-27 ESTABLISHING THE 1994- 95 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF SARATOGA. PASSED 4-0-1 (Monia absent). B. Public Hearing to consider Amendments to the Northwestern Hillside Specific Plan 1) Resolution amending the Northwestern Hillside Specific Plan (GPA 94-001). 2) Resolution concerning the Establishing of a Hillside Street Repair Fund for the Future Repair of Hillslde Streets in the HR Zoning District 3) Resolution Concerning the Dissolution of the Hillside Traffic circulation Fund and causing Refund of certain Monies Therefrom 4) Ordinance amending Article 9-65 of the City code to discontinue the Hillside Traffic Impact Fee and establish a Hillside Road Repair Fund (second reading and adoption) Planning Director Curtis stated he will address the resolution amending the Northwestern Hillside Specific Plan (1). He noted the changes to this plan are as follows: 1. Deletion of all references to SW/NE Road Project. 2. Amendment to the economic section regarding the collection of fees for the construction roads. 3. Expand the specific Plan boundaries to include all of the hillside zoning districts. Mr. Curtis noted there are other clean-up items which will be reflected in the revised resolution. Mr. Peacock stated once the Council acts on the resolution amending the Specific Plan other resolutions will be adopted. He reviewed the City Council Minutes 8 June 15, 1994 resolutions and ordinance to be adopted, as outlined in the staff report. The public hearing was opened at 9:25 p.m. Mr. Richard Denton, 21770 Reber Way, stated he is representing homeowners from Teerlink Ranch who are in support of staff's recommendations to adopt the resolutions and ordinance. Mr. Ken Riding, 21836 Villa Oaks Ln., stated the residents of the Monta Vista Estates support staff~s recommendations. Mr. Rolf Brauchler, 13951 Damon Ln., representing Tract 6701, stated the residents support the adoption of the resolutions and ordinance. He addressed the issue regarding the precise amount of money which will be returned to thehomeowners. He stated the Council should take into account when property owners purchased their home. Re noted the distribution of money should be based on how long an individual~s contribution has been in the fund. City Manager Peacock stated the balance of the 'fund will be computed including the interest. Re stated when the fund was initially set up there was no requirement that the City retain the interest in that account. He noted the law changed in 1989, and the City will take the entire amount of money and divide it equally between the homeowners. City Attorney Riback stated the law says that the method of distributing the money should be the simplest and most cost effective method the City can use. Re stated the simplest and most cost effective is to divide the money equally. Mr. Peacock stated the same amount of money which was paid has escalated over the years. He noted the City does not have the individual records to go back to 1984 to see what individual property owners paid and how much interest was earned for each property. Mayor Tucker closed the public hearing at 9:35 p.m. BURGER/ANDERSON MOVED TO ADOPT RESOLUTION 94-28 AI~ENDING THE NORTHWESTERN HILLSIDE SPECIFIC PLAN (OPA 94-001). Councilmember Kohler stated he has been politically active to get this specific plan approved and.is happy it will be applied to all the hillside zoning districts. The above motion was carried 4-0-1 (Monia absent). BURGER/KOHLER MOVED TOADOPT ORDINANCE 71-140 AMENDING ARTICLE 9-65 OF THE CITY CODE TO DISCONTINUE THE HILLSIDE TRAFFIC IMPACT FEE AND ESTABLISH A HILLSIDE ROAD REPAIR FUND BY TITLE ONLY, WAIVING FURTHER READING. Councilmember Kohler stated there was concern about the roads in the hillsides and hopes that Mr. Peacock with the homeowners have done good calculations with regards to landslides. He believes the City could be liable for any problems. The above motion was carried 4-0-1 (Monia absent). KOHLER/ANDERSON MOVED TO ADOPT RESOLUTION 94-29 CONCERNING THE ESTABLISHING OF A HILLSIDE STREET REPAIR FUND FOR THE FUTURE REPAIR OF HILLSIDE STREETS IN THE HR ZONING DISTRICT. PASSED 4-0-1 (Monia absent). KOHLER/BURGER MOVED TO ADOPT RESOLUTION 94-30 CONCERNING THE DISSOLUTION OP THE HILLSIDE TRAFFIC CIRCULATION FUND ANDCAUaINOREFUND OF CERTAIN MONIES THEREPROM. PASSED 4-0-1 (Monia absent). 7. B. Landscaping and Lighting District LLA-1, PY 1994-95 1) Resolution of Prelimlnar~/ Approval of Engineer~s City Council Minutes 9 June 15, 1994 RepOrt 2) Resolution of Intention to order Levy and Collection of Assessments City Engineer Perlin presented the staff report dated June 15, 1994, noting the preliminary engineers reports are available if requested. He noted the City Council needs to adopt the above two resolutions. Mr. Perlin stated he is proposing several changes to the districts to promote greater equity among the various zones. Mr. Perlin stated he is suggesting the following: Zones 2 & 9'be merged to create Zone 25~ Zones 10,14 & 18 be merged to created Zone 26~ Zones 0,8,19,20 & 21 merged to create Zone 24. He noted this latter zone merger attempts to follow up on the Council~s policy to have all the village merchants share on the cost of maintaining the parking districts. Mr. Perlin explained the methods of spreading the assessments in all zones, as outlined in a spread sheet given to Councilmembers. He noted there are three components to spreading the assessment for commercial properties: 1. Administrative costs - cost spread equally; 2. Street assessment - cost for lighting and landscaping along Big Basin Way.' He added it has been proposed that the most equitable way to spread these costs is based on gross parcel size~ 3. Parking assessment - this would include the pro-rated cost of maintaining the four public parking lots. This assessment would be developed by looking at the building area on each parcel, the use for each parcel and whether or not each parcel has on- site parking, for which they would receive credit. Mr. Perlin reviewed the use factors assigned to each type of business and explained how the cost will be distributed for the parking assessment. He also explained the carry-overs and noted any deficits will be made up. Councilmember Anderson asked how the City reached a deficit situation. Mr..Perlin stated over the years assessments in some zones have not been enough to pay for.the services. He stated he does not believe there are any deficits in the combined zones. Mr. Perlin explained the protest hearing noting residents cannot protest the merger, but can protest the assessment. He stated all properties who are subject to an increase in their assessment will receive notices which will inform them of the information requested for a protest hearing. He pointed out that these are only preliminary assessments and the Council can decrease the assessment at the Protest Hearing on July 3, 1994. Councilmember Kohler stated before the Council accepts the notion of combining zones, zones which have a deficit should not be subsidized by other zones. He suggested waiting until all deficits are met before merging. Councilmember Anderson questioned if residents in a particular zone do not agree with the increase they can abandon the district and the deficit remains. Mr. Perlin stated he will separate each zone and calculate the deficit or surplus and keep them separate. A second option would be to eliminate any portion of the deficit make up from the assessment and carry-over the deficit to the following year and have that zone who acquired the deficit pay it. Councilmember Burger asked what the use factor figures are based on. Mr. Peacock stated the use factor figures are based on relative parking demand. BURGER/ANDERSON MOVED TO ADOPT RESOLUTION 94-24.2 FOR PRELIMINARY APPROVAL OF THE ENGINEER~S REPORT AND SEPARATE OUT THE ZONES AND PROVIDE OPTIONS FOR ZONE8 WHERE THERE IS A DEFICIT. PASSED 4-0-1 (Monia absent). BURGER/KOHLER MOVED TO ADOPT RESOLUTION 94-24.3 OF INTENTION TO ORDER LEVY AND COLLECTION OF ASSESSMENTS. PASSED 4-0-1 (Monia absent). Cit~ Council Minutes 10 June 15# 1994 Mr. Perlin stated the next meeting on this issue will be July 6th and this will be an informational item. C. Memo Authorizing Publicity for Upcoming Hearings - No public hearings scheduled for July 6. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications city Manager Peacock asked if staff and Council should respond to Dr. Stutzman's comments under Oral Communications. Councilmember Kohler suggesting sending Dr. Stutzman the appropriate portion of the Brown Act. City Attorney Riback stated the Brown Act provides the City Council with the right to determine whether or not they wish to hear items which are not within the subject matter of the jurisdiction of the City Council. He noted the distinction between Dr. Stutzman's comments and the 1st speakers comments at the last hearing was that Councilmember Monia raised the subject of the parking ticket. Mayor Tucker stated staff should sent the pertinent information to Dr. stutzman. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakerio 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 Sanitation District - Burger 15 County Cities Assn. Legislative Task Force - Monia 16 Emergency Planning Council - Kehler 17 Congestion Management Agency Advisory Board Burger/Tucker 18. Local Transportation Authority Policy Advisory Board -Kohler/Anderson 19. Crossing Guard Committee - Anderson and Monia Councilmember Tucker reported on the Santa Clara County Cities Association noting they had a farewell dinner for Pam Marsh and discussed a survey regarding activities of the league. Councilmember Burger stated the membership is increasing in the Sister City Committee and they are continuing to plan their trip to the Sister City in November. Mayor Tucker presented a plan for a carpeel kit developed by Contra County Resource. City Manager Peacock stated staff is working on carpeel plans. Councilmember Burger stated she is continuing to meet with members of the Post Office and Montalvo for the Honor Saratoga activities on July 5. She stated they are sponsoring an essay and poster contest. She noted she also met with the California Issue Forum who are attempting to promote a forum within the West Valley Communities regarding politics in California. City Council Xinutes 11 June 15, 2991 Councilmember Burger noted on Friday she will have a meeting with Tech Mark on performance budgeting for localgovernment. She also noted she attended a community forum in Los Gat0s regarding drug abuse. She stated there were other Saratogans present and Los Gatos is interested in Saratoga's Youth Commission. She noted there will be a follow-up meeting on June 20th. Councilmember Anderson addressed an article in the paper regarding Cupertino's waste collection. C. General Council Items 1) Approval of Date for Meeting to Canvass Election Results and Reorganize City Council Staff recommends that the City Council, Per California Government Code, set a meeting for June 28 at 5:30 p.m. at the Community Center. 2) Approval of July 12 as Date for Meeting with Sheriff Gi11ingham to Discuss Costs of Law Enforcement Contract; any other agenda items for meeting. 3) Appointment of Replacement Planning commissioners Staff recommends that the City Council determine the process for appointing commissioners for the three members elected to the City Council. The Council discussed the possibility of appointing an interim Planning Commissioner. City Attorney Riback stated the Council does not have the authority to appoint an interim without that person being allowed to fulfill the full term. City Manager Peacock stated a full Commission would not be present for the month of July, but the Planning Commission may cancel the second meeting in July. He noted he will put this on the June 28th agenda. Mr. Peacock stated that Greenbriar development filed a Tentative Map today for the Paul Masson property. He stated he has been in discussion with a finance consultant regarding a sub-station at West Valley College and will have more information within the week. He also noted he has been in contact with three consulting firms regarding the private sector compensation comparison study. He stated it will take a few months to do a study and it may cost less than what is budgeted. He stated his only concern is signing an agreement with the employees before the study is completed. Mr. Peacock stated he attended a meeting with the Library Campaign Committee. 4) Other 10. ADJOURNMENT The meating adjourned at 10:45 p.m. to closed session for the purpose of meet and confer instructions to the City Manager in meeting with the Saratoga Employees Association and to June 28 for an adjourned regular meeting at 5:30 p.m. in front of the Civic Theater, 13777 Fruitvale Avenue. t~ullV submitted, Catherin~ Ro~b'~lr~d Minutes Clerk