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HomeMy WebLinkAbout03-07-1995 City Council Minutes HINUTES SledSTOGA CITY COUNCIL TIME: Tuesday, March 7, 1995 - 6:30 p.m. PLACE: City Hall Administration Meeting Room, 13777 Fruitvale Ave. TYPE: Adjourned Regular Meeting 1. Roll Call The meeting was called to order at 7:00 p.m. Councilmembers Jacobs, Tucker, Wolfe and Mayor Burger were present. Councilmember Moran arrived at 7:18 PM. Staff Present: City Manager Peacock, City Attorney Riback 2. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the City Clerk reported that the agenda for this meeting.had been posted on March 3, 1995, and that the notice of adjournment from the March 1, 1995, meeting had been posted on March 2, 1995. 3. Discussion of West Valley College Stadium and Football Issues wit~ Representatives of West Valley college and Area G+ Homeowners Group. Mayor Burger indicated that the City Council had been briefed on the background of this issue and had reviewed a number of documents provided by the City Attorney and the City Manager so persons who want to speak on this subject do not have to preface remarks about history but can get right to the heart of the matter. Morris Jones, President of the AREA G+ HOMEOWNERS GROUP indicated that the ordinance is not being enforced, that two scoreboards had been built on the campus for example. The negotiations which the City Manager had facilitated between the groups had fallen apart last fall when the District Board rejected.the agreed upon draft operating document. He wanted to know what the City's policy iS in light of these situations. Victor Monia asked whether the City was prepared to issue a summons if the negotiations didn't go forward. Councilmember Wolfe asked the neighbors what their objections were and what were the issues which needed to be resolved. Mr. Jones responded, less noise from the campus and no early Sunday noise or activity. Councilmember Wolfe asked what the City could do to get things moving forward again. Mayor Burger asked the City Attorney whether that question could even be addressed in open session under the threat of litigation. City Attorney Riback indicated that did create a problem for the City council. Vice Mayor Jacobs stated that he needed to get from the College a sense of what their position is in these matters. Leo Chavez, President of West Valley College indicated that while the governing board did reject the proposal presented to them they did offer a compromise proposal which he presented to the neighbors at a subsequent meeting with the neighbors and that proposal was rejected. Mr. Monia indicated that the response from the governing board was not even close to what had been negotiated. President Chavez indicated that the City should compare the response with the proposal. (Recorders comment: the City Manager had in fact prepared such a comparison in October of 1994). City Council Minutes 2 March 7, 1995 Mr. Monia suggests that perhaps there should.be an effort to get the talks started up again. Boardmember Sloan indicated that the governing board is ready to do so having appointed two of its members to attend the talks. Boardmember Dowdy indicated that the state mandated shared governance structure of the College complicates the decision process for the governing board. Vice Mayor Jacobs stated that if this meant there is no real hope for solutions then the College should not lead the neighbors on. A neighbor who had moved into the neighborhood adjoining the College on the east indicated that in the 11/2 years she has lived in her house the noise from the College has continued to escalate and that six times in the past year she has been unable to enjoy her own back yard because of noise coming from the College. President Chavez indicated that the board probably could not guarantee that what comes out of any future talks will be accepted by the entire board. He also raised the guestion as to who signs for the neighbors and what guarantee the College would have that a neighbor still would not bring legal action against the College. Mr. Jones indicated that resuming the talks would be a hard sell to the neighbors, given the history of how 'the last round of talks ended up. Jim Stuart asked whether the talks could go forward with the understanding that there would be checkpoints along the way where both sides could consult with their constituent groups and get buy-in as things progress. This might help the College manage its shared governance structure and still have a buy-in by. the board for the final product. Councilmember Wolfe indicated that there needed to be a defining of parameters for further negotiations.. He suggested that there be a definition of the rights of the College and a definition of'the rights of the neighbors to have the quiet enjoyment of their property. President Chavez indicated that while the board can decide they must get the opinion of constituent groups before making a final decision. Mayor Burger inquired of the board members whether under their structure the subjects under discussion w~re of the nature that the final authority rested with the board or did any other group have the authority to do anything other than state an opinion. Boardmember Dowdy confirmed that for the subjects under discussion the board had the authority to make the final decisions. Mr. Monia suggested that the facilitator for the talks be empowered to lay down some ground rules to get both sides to the table. Another resident indicated that. all she wants from the College is to abide by the same noise curfew as the rest of the tity and to require Sunday activities to have a late start, if the College will abide by those two rules then she felt they should be free to carry on any activity consistent with their purpose as an institute of higher learning which is of great benefit to the City and its residents. Mayor Burger indicated that it has several options to consider and since one of them was litigation they would adjourn to closed session for 10 to 20 minutes to discuss the options and then return and proceed with the open meeting. The City Council then adjourned to closed session at 8:10 PM. 6. Adjournment to closed session CONFERENCE WITH LEGAL COUNSEL-ANTICII~TED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 in one case. City Council Minutes 3 March 7, 1995 7. Reconvene to open session to report any actions taken The City Council reconvened into open session at 8:40 PM with all members present. The Mayor announced that the City Council has agreed to have City Manager Peacock try to get the talks going again with the College and the neighbors sensing that as a result of the discussions tonight that both groups are interested in reopening talks. The City Council has also instructed the City Manager that he is to have wide discretion in how he structures the talks so that all parties know what is expected of them if they come to the table to talk. 4. 8elf-Evaluatlon of the March 1, 1995, Council Meeting. Councilmember Moran asked that future appropriations resolutions have as a part of the report the status of the Council's general fund contingency included with the new balance remaining after each proposed change. The City Manager thanked Councilmember Moran for bringing the matter to his attention and he will make certain that future resolutions are so structured. Councilmember Tucker asked that in the future the material prepared by the City's labor negotiator for presentation in closed session be sent to the City Council in advance rather than handed out at the meeting. She acknowledged that it was acceptable for the material to be collected at the end of the session because it is confidential but that getting the information ahead of time would.serve to speed up the meetings. The City Council agreed to plan to cancel the August 2nd meeting to provide a summer break from meetings. 5. Agenda Items for the April 1st Town Hall Meeting. The City Council agreed that it wished to have each member cover a major topic from the Policy Development Conference and.decided on the following assignments for the April 1st Agenda. 1. Vision Statement-Councilmember Moran 2. Commercial Development-Councilmember Wolfe a. Specific Plans b. EConomic Development 3. Recreational Facilities-Vice Mayor Jacobs 4. Building the Collaborative Community-Mayor Burger 5. Youth Master Plan/Relations with Schools-Councilmember ~ The City Manager was asked to dress up the presentation of the items in an effort to peak public interest in these topics so the meeting will be well attended. The City Council directed the City Manager to send the final adopted version of the Vision Statement to the Saratoga News. The meeting was adjourned at 9:30 PM. City Manager