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HomeMy WebLinkAbout11-17-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 17, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Mayor Tucker called the meeting to order at 7:35 p.m. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Burger, Kohler, Anderson, Monia,! Mayor Tucker Staff Present: City Manager Peacock, City Attorney~Riback, City Engineer Perlin, Director of Communit~ Development Curtis, Planner White. Mayor Tucker thanked Pepsi ~ola for supplying the drinks! 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 11/3; 11/9 Councilmember Anderson amended the minutes of 11/3 as follows: Page 7, 2nd paragraph from the bottom should read "Councilmember Anderson stated that Dr. Polson was a consultant hired by GTE". KOHLER/MONIA MOVED TO APPROVE THE MINUTES OF 11/3, AS AMENDED. PASSED 5-0. Councilmember Kohler questioned the Minutes Of 11/9 ~egarding the business license fee. BURGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 11~9, WITH THE CLARIFICATION THAT THERE WAS TO BE A CAP OF $300 ADDED TO~THE BUSINESS LICENSE FEE FOR MOST BUSINESSES. PASSED 5-0. B. Approval of Warrant List ANDERSON/BURGER 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 November 12. 4. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance adding Article 7-45 to the City ~ode relating to commercial Property Maintenance (secona reading and adoption) 2) Ordinance designating the Florence Cunningham House as a Historic Landmark (second reading and adoption) MONIA/KOHLER MOVED TO APPROVE CONSENT CALENDAR SECTION A. PASSED 5-0. B. New Items 1) Planning Commission Actions, 11/10 - Note and file. 2) Parks and Recreation Commission Minutes, 10/4 - Note and file. 3) Youth Commission Minutes, 9/20 - Note and file. 4) Public Safety Commission Minutes, 11/8 - Note and file. City Council Minutes 2 November I , 1993 Mr. Thomas Reddick requested the removal of item 5. BURGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR SECTI)N B WITH THE EXCEPTION OF ITEM 5. PASSED 5-0. 5) Warner Hutton House Improvements, capital Project No. 9301 - Approval to increase construction c~ntractamount by $2350 Mr. Thomas Reddick, 12389 Larchmont Ave., expressed concern about the pool table at the Warner Hutton House and the seniors being unable to use this. He also expressed concern about spending more money on the Warner Hutton House and believes it is not appreciated. Mayor Tucker stated the money is to bring the bathrooms up to the requirements of the Americans with Disabilities Act. BURGER/MONIA MOVED TO APPROVE ITEM 5 OF THE CONSENT CALENDAR. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL C)MMUNICATIONS 1) Report from Public Works Director~ on Martel Communication concerning Quarry Creek Mitigation Work City Manager Peacock addressed the report from the ~Public Works Director dated November 17, 1993. Mr. Perlin, Public Works Director, stated City and college staff looked at the former ski-slope tO determine if there was the p~ssibility to ~evelop wetlands in this area. He noted for a variety ~f reasons it is not nearly as favorable as the identified site in the "wildlife sanctuary". He stated staff recommends that the slope area not be evaluated any further and continue to pursue the plan in the sanctuary area atthis time. Mr.. Bert Martel, 14420 Fruitvale Ave., expressed disagreement with the staff report. He stated he had suggested the ski-slope as an alternate location, not a better one. He disagreed with the statement that the present "wildlife sanctuary" provides low habitat value. He noted the City/College project would create a wetlands, not savE: an existing wetlands, although Governor Wilson's wetlands policy is to save them. He reviewed the definition of habitat and stated that the habitat lost at Quarry Creek will be gone forever. Councilmember Burger stated she did visit the proposed site and the ski slope and agrees with staff regarding the location of the wetlands. She stated she would like information as to who posted tha signs at the sanctuary and who in fact declared this area as a wildli~e sanctuary. Councilmember Monia also stated he would like to know who declared this area as a wildlife sanctuary. Councilmember Anderson stated if there are no animals living on the site, as pointed out by Mr. Martel at a previous meeting[, there is no harm in turning this site into a wetland habitat. Mr. Perlin stated he will have this information when the plan comes back to the Council for review. B. ORAL COMMUNICATIONS ' Mr. Bill Sheridan, 19766 Elisa Ave., stated he received letter from running a business out of his home. business out of his home and has lived in Saratoga for 2U years. Mr. Sheridan expressed concern about the anonymous tip to th~ City. Mr.' Thomas Reddick, 12389 Larchmont Ave., expressed concern about the CSO department. He stated he has called over the last t~ree weeks and the CSO's are never available. City Council Minutes 3 November 17, 1993 Councilmember Kohler asked what is the City's policy when a resident calls for a Community Service Officer. Councilmember Monia stated that staff needs to look into the communication problem and why Mr. Reddick's calls were not answered. Mr. L.M. Thorpe, 19550 Farwell Ave., expressed concern about increased taxes and urged the City Council to direct staff to balance the budget without increasing taxes. He asked if every item in the budget is fixed and mandatory, or can it be changed. Councilmember Burger stated the budget document guides the Council and can be adjusted throughout the year. She noted what was proposed at the November 9 meeting was one part of the total budget. She added the Council have cut approximately $1.2 million from the budget. Councilmember Monia explained how the Council arrived at' the final budget, but noted it is a flexible document. He stated the City needs to understand that the community at large is sensitive ~o taxes. He addressed the 50% reserve policy and noted the City needs to address this. Councilmember Kohler stated the Council had a gap of $4~0,000 in the budget and the business tax was raised, and maybe this! was not the right thing to do. He stated there will be another opportunity to talk about this tax at a public hearing and would encourage people opposed to this tax to speak about this. C. WRITTEN COMMUNICATIONS 1) Robert W. Gross,!Santa Clara Valley Water District, proposing water recycling project. Note and File. City Manager Peacock noted 5C2 was not on the agenda because Joint Ventures of Silicon Valley suggested not placing on the agenda until they have further communication. 6. OLD BUSINESS ~ A. Resolution denying Appeal of GTE Mobilnet/Cellular One Project at 14471 Big Basin Way City Manager Peacock stated there is a typo in the Resolution regarding Mr. Hammett's name and this will be corrected. Councilmember Kohler stated he was approached by an Attorney representing Mr. Amezcua who questioned if this item can be reconsidered because the experts were hired and paid for by GTE. City Attorney Riback stated the City Code does provide for a motion for reconsideration to be made at the same meeting in which the action was taken. He noted no motion of reconsideration was made on November 3, when the action was taken, therefore it is too late for a motion of reconsideration to be made. Councilmember Monia stated what is before the Council isa resolution and there have been circumstances and recent opinions atithe Planning subsequent meeting. . City Attorney stated c r f . , and with regards to the issue Mr. Monia is addressing, it ~as not clear whether a final action was taken. He stated the action taken by the City Council on November 3rd was very definite. Councilmember Monia stated there is a resolution before the Council for discussion. He addressed Order 159 from the California Public Utilities Commission and read a portion with regards to the environmental concerns. City council Minutes 4 November 17, 1993 City Attorney Riback stated the environmental issues were[dealt with in the order in the context of aesthetic review. He stated the history of the order is that the PUC had this matter brought to it by various cellular phone companies because they were being denied the opportunity to construct antenna towers in various communities throughout California, based on aesthetic issues. He stated the PUC determined that the local agency's right to require an environmental review is more important than the issue of the cellular communication. He stated the i'ssue being discussed had its genesis in a s ~tics and an e th environmental review was conducted regarding this issue. Councilmember ' arefully read the staff re~ort and found Monla stated he c . no environmental review. He stated the environmental revlew was based on visual impact. City Attorney Riback stated an environmentalreview was ~onducted and is in the form of a Negative Declaration which accompanied the staff report and was prepared by staff after the determination that the site was not categorically exempt because of unique circumstances. He noted the unique circumstances included the proximity of the antenna to Big Basin Way and to businesses within the village area. As a result of the applicant's expert report, which was reviewed by staff, the determination was made that it was not likely there would be negative adverse environmental impacts resulting from this project. He stated a full environmental impact report was not necessary because of the information provided in the report from Dr. Polson. Councilmember Burger stated a vote was taken on this issue at a · previous hearing and there is no new information before the Council at this time. She stated the Council made a decision and the matter is closed. She noted the matter before the Council at thia time is the approval of the resolution which memorializes the actionstaken by the City Council at the last meeting. [ Mayor Tucker stated the City Council and the public cab discuss the resolution only, at this time. Councilmember Monia asked if the resolution is propel, given the testimony received. He also stated he would like a report regarding the denial of the antenna by the Town of Los Gatos. Mr. Curtis, Director of Community Development, stated he did not say that Los Gatos denied the antenna on aesthetics grounds at a previous hearing. He stated what he said was that the Town Council did not certify the environmental document because they were not satisfied that all the information was in front of them. He stated they never got to the specific question of the antenna. Mayor Tucker stated she read the minutes and listened to the tape and has no problem with this approval. Councilmember Anderson asked what kind of credentials staff has when looking at the report from Dr. Polson to determine that he is correct. She stated the City should select the experts or have ~an expert on staff who can evaluate the report. She stated in the futbre, the City needs to be careful about where the testimony comes from~ Councilmember Monia expressed concern that this is not a use permit and is more difficult to recall. He asked the Council to consider a use permit. He suggested the that the Council, staff and !GTE meet and discuss other alternative locations for the antenna where it is not near a residential or a heavy populated area. City Attorney Riback explained a quasi-judicial hearing. He noted the Council would be in violation of due process, if they changed their 'decision made at the public hearing. Councilmember Monia stated that a method should be found that will lower the risk factor. He stated if the Council now believe the testimony they received does not support their action they have a duty to reconsider. He expressed concern about information provided by City council Minutes I 5 November 17, 1993 experts paid by GTE. Councilmember Monia also expressed concern about long term radiation affects. BURGER/ANDERSON MOVED TO ADOPT A RESOLUTION DENYING APPEAL OF GTE MOBILNET/CELLULAR ONE PROJECT AT 14471 BIG BASIN WAY. Mr. Brian Duckworth, 675 N. First Street, Ste. 1250, stated he is an attorney representing a group of concerned citizens. He requested reconsideration and noted the ordinance does provide for this. He added that consideration can be made at any time.' He noted the decision on the environmental impact for the negative declaration was made on Dr. Polson's report. He believes the Council has been deceived by GTE by acting upon a document that is prejudicial. H~ recommended that the City Council reject the resolution for various reasons. In response to Councilmember Anderson's question, Mr. Riback stated there are no restrictions for a motion for reconsideration, if it is made at the appropriate time. Mr. Jeff Schwartz, San Marcos Road, believes that a plan for development on Saratoga Avenue was reconsidered in this kind of situation. He stated the Planning Director is incorrect regarding the denial in Los Gatos. He added this was denied because there was substantial disagreement about the health hazards. He no~ed the reason they did not reach a negative declaration was because of substantial controversy. He noted CEQA has delegated to the cities, complete environmental review and Order 159 is not limited to aesthetics. Mr. Schwartz expressed concern about experts being selected and paid for by GTE. He urged the Council to reconsider this appeal and he believes their decision was reached on misinformation. When questioned he stated he had not attended the meetings in Los Gatos. Mr. Don Whetstone, 14768 Vickery Ave., addressed Order 159 and noted the word "aesthetics" does not even appear in the document. He stated the community is entitled to an answer regarding Order 1F9. Dr. Stutzman, Parks Dr., stated from a medical point of View there is an increasing number of reports regarding brain tumors being related to radiation. He stated it is not known how much the body can tolerate at this time. Dr. Stutzman stated the risk exists that tumors can occur in people living around such antennas and does not trust the report supplied by GTE. He stated the City should have its own independent source of information on this subject, which is vital to the safety of the community. Mayor Tucker encouraged people to come to City Hall and read the information which was available tO the Council and they should contact the Public Utilities Commission regarding any other concerns. Councilmember Anderson stated if this Cellular site is denied this will be the second denial and GTE could, in fact, go to the Public Utilities Commission and they have the right to override the Council's decision. She stated she will vote for this based on information from the City Attorney that the matter is closed. Councilmember Monia asked whether, if this is approved,i it could be recalled. City Attorney Riback stated a conditional use permit ordinance can be adopted by the City Council after the appropriate process~is followed. This would then become a presumed conditional use and the~City Council can impose the same types of review that is required for a conditional use permit. He noted regardless of this, if there is a determination in the future that there is a health or safety hazard being generated by a particular activity, this can be treated as a public nuisance. He also addressed the health problem. He added the City Council and staff has the authority to refer any matter to the City Council if a health or safety problem exists. Councilmember Anderson stated the original appeal was for a trellis over the antenna. city council Minutes .6 November 17, 1993 Councilmember Kohler stated according to the City Attorney this cannot be reconsidered. He expressed concern about due process for the applicant. He added the Council's decision was made on the report from Dr. Polson and even if-there was another opinion the marcin of safety is large enough for the numbers to be somewhat different and still be well within the margin of safety. The above motion was carried 4-1 (Monia No). Mayor Thcker moved to the public hearings at 9:15 p.m. 8. PUBLIC HEARINGS A. Prezonlng Map for Sphere of Influence and the associated Negative Declaration. Pursuant to the adoption of the Residential open Space Zoning District (ROS), the city Council will consider a Prezoning map identifying the boundaries of said zoning district. city Manager Peacock noted additional correspondence from Alice Humbert and Dorothy Webb. Mr. Curtis, Dlrector of Community Development,' presented the staff report dated November 17, 1993. He added the purpose of the prezoning is to apply the zoning classifications to property! within the unincorporated part of the County that is consistent with existing County Zoning and also with Saratoga's Land Use policieS. He stated there are no applications at this time to annex any properties into the City. Mr. Curtis reviewed the prezone classifications ~hich are ROS and HR. He noted the major criteria for zoning proparties HR is because the lots are too small to meet the ROS standards. He stated the Planning Commission recommended adoption of the prezQning. Councilmember Monia stated that the item before the counail is not an extension of the sphere of influence and if the City desires to annex property it can only be done if the majority of property o~ners approve this. , Mr. Curtis stated that usually property owners request annexation and it is typically done for development. City Manager Peacock stated if someone is outside the City limits, but within the sphere of influence and contiguous to the City, and wants to develop, the County refers this to the City. He added the City has the choice to annex and have the property developed under City standards. Mayor Tucker opened the public hearing at 9:30 p.m. Mrs Stephenson, 22505 Rolling Hills Rd., questioned the ~nnexation. City Manager Peacock stated the election only takes plach between the property owners in the area. Councilmember Monia stated~if less than 12 registered voters the vote is weighed on the land owned. City Manager Peacock explained the Urban Service Area andlthe Sphere of Influence. He noted these areas are established by State law and the City is required to identify these areas. He added the sphere of influence and urban service boundaries are decided by a County agency. Mr. Joel Siegell, Glen Una, expressed concern about beingSannexed into Saratoga. Ms. Meg Giberson, Glen Una, stated that LAFCO make the decisions about the sphere of influence and the urban service areas, but as a result of the City's request. City Attorney Riback stated this is not the result of the City's request, but the City can petition LAFCO for an adjustment to the sphere of influence. Ms. Giberson stated an urban service area is the next ~parcel to be City Council Minutes 7 November 17, 1993 annexed when there is an annexation into the City. She a~ked whether, if there are fewer than 12 people, a large land owner! can bring a number of neighbors into the City if he wished to annex. M Councilmember Anderson stated they are not discussing the!expansion of the sphere of influence. Ms. Dorothy W~bb, Redberry Dr., stated she opposes any action to the prezoning and requested that this be tabled indefinitely. Ms. Webb read her letter dated November 17,1993, addressed to the City Council. Ms. Margaret Slemmons, 19655 Redberry Dr., believes that this prezoning will eventually lead to annexation and would like to be on record opposing any action that would lead to this. She expressed financial concern as a result of annexation. Ms. Fran Lauridsen, 19450 Redberry Dr., asked if there is any way property owners can be removed from the sphere of Influence. City Manager Peacock suggested Ms. Lauridsen talk to LAFCO staff and noted at one time the sphere of influence was larger 'and has been reduced. Councilmember Anderson noted that if this property is pre-zoned the City can have some design review protection, she noted they do not make final decisions, but can have some input. Councilmember Monia stated that the prezoning will require that the minimum lot size in the ROS district be 20 acres. He n~ted if it is not prezoned ROS, there could be a higher density development in this area. He stated the City is following County guidelines. Ms. Nancy Carlson, 22301 Rolling Hills Rd., stated if the property owners wanted protection they would ask the City Council. She stated she does not want to be annexed into the City and would oppose the prezoning. In response to Ms. Webb's question, Mr. Peacock stated the Council can not consider reducing the sphere of influence as the issue is not before the Council. The public hearing was closed at 10 p.m. ANDERSON/BURGER MOVED TO ADOPT THE DRAFT PREZONE MAP FORiTHE EXISTING SPHERE OF INFLUENCE AND THE ASSOCIATED NEGATIVE DECLARATION. Councilmember Anderson stated she would support the motion for the protection of both Saratoga and County residents. She:believes the City needs to have the ability to comment on projects that take place near Saratoga. She stated the prezoning is needed to established standards that are exactly as the County's. Councilmember Anderson addressed the landscaping section and stated the Planning Commission should look at adding fire safe plants to this section of the Ordinance. The above motion was carried 5-0. B. Adoption of Open Space Element of the General Plan with the associated Negative Declaration (GPA-93-001)(c0ntinued from November 3) Planner White presented the staff report dated November ~7, 1993. He stated the documents before the Council contain all requested changes made at previous meetings. Mr. White reviewed the changes modified.by staff as directed by the City Council. He stated staff recommends adoption of the final Open Space Element and the Associated Negative Declaration. ' City Manager Peacock stated the City received additional communication from Michael T. Parson, The Committee For Green Foothills, and Craig City Council Minutes 8 November 17, 1993 Britton, Midpeninsula Regional Open Space District. , Mr. Peacock reviewed the letter from Mr. Britton and the changes requested. Councilmember Monia made the following changes: Page 12, #6. Future Land Use - Continue the paragraph with the following sentence "...and shall apply the ROS zone district to these · in nce or lands should 'they become part of the sphere of flue annexed into the City." ~ . City Attorney Riback stated in taking this action the Council can not pre-empt the authority of a future Council to make a different determination. MONIA/KOHLER MOVED TO INCORPORATE THE TWO SUGGESTIONS MADE BY THE OPEN SPACE DISTRICT AS WRITTEN IN THEIR LETTER OF NOVEMBER 16, ~1993. PASSED Planner White addressed suggestion #3 as written in the letter from the Open Space District dated November 16, 1993, and stated if this is applied outside the current urban service limits, there may be a conflict. It was a consensus of the Council not. to add suggestion #3. The following change was made by Councilmember Monia: Page 13, #9. Appropriate Land Uses - and the words "o any" after "western hillside..." Also add to the last sentence" .... n accordance with the ROS district." ANDERSON/KOHLER MOVED TO APPROVE THE ABOVE CHANGE. PASSED 5-0. Councilmember Anderson made the following changes: Page 12, #7. Agricultural Use - add a sentence to the end of the paragraph to read "The City shall discourage early exiting from the Williamson Act". ANDERSON/KOHLER MOVED TO APPROVE THE ABOVE CMANGE. PASSED 5-0. Page 15, #14. Major Entryways and Arterial - Should read "The major entryways and arterial throughout the City shall be designed to enhance Saratoga's residential character and scale. Public health and safety shall be an important consideration in evaluating the design of major entryways and arterials". ANDERSON/KOHLER MOVED TO APPROVE THE ABOVE CHANGE. PASS'".D 5-0. Page 15 c. Hillside Development - Leave the word "shall" after the words "scenic views.. ." ANDERSON/MONIA MOVED TO APPROVE THE ABOVE CHANGE. PASSED 4-1 (Burger No) ' Page 18 #30. TransportatiOn Improvements leave in the f rst "should" - in the paragraph. In response to Councilmember Monia's suggestion regarding inclusion of the Bicycle Committee, City Manager Peacock stated he will add the appropriate wording. MONIA/ANDERSON MOVED TO APPROVE THE ABOVE CHANGE AND ADD THE WORDING BY THE CITY MANAGER. PASSED 5-0. Councilmember Tucker stated she is concerned about "shall" and "should" in the document, and is not ready to go forward at this time. Page 18 (k) Project Review - Leave in the first "shall"~ in the first sentence. ' City Council Minutes 9 November 17, 1993 ANDERSON/MONIA MOVED TO APPROVE THE ABOVE CHANGE. PASSED 4-1 (Burger No) Page 19, (p) Development and Maintenance - remove the word "shall". MONIA/KOHLER MOVED TO APPROVE THE ABOVE CHANGE. PASSED ~-0. Page 22, #40 Standards - Leave in "should" in the second sentence. ANDERSON/MONIA MOVED TO APPROVE THE ABOVE CHANGE. PASSED 5-0. Page 23, (s) Dedications and In-Lieu Fees - leave the wo~d "shall" in the first sentence and add "require". MONIA/KOHLER MOVED TO APPROVE THE ABOVE CHANGE. PASSED 5-0. Mayor Tucker made the following changes: Page 23, #45 Acquisition Legislation change the word "promote" to support". ANDERSON/MONIA MOVED TO APPROVE THE ABOVE CHANGE. Mayor Tucker proposed an amendment to the motion to read "should support". PASSED 5-0. TUCKER/KOHLER MOVED TO ADD THE AMENDMENT TO THE MOTION. . Mayor Tucker stated the General Plan is a document that charts the future of the City and is the basis for all capital expenditures within the City as well as the annual operating budget adopted by the City Council. She added this document needs to be flexible so it does not tie the City into something they cannot afford. She believes the wording should be more permissive and it would be in the best interest of the City to make the document more flexible. Mayor Tucker opened the public hearing at 11:00 p.m. Ms. Marjorie Ottenberg, resident, expressed concern about the availability of the agenda. Ms. Ottenberg addressed the following pages: 'Page 13, (a) #1 Mayor Tucker stated it was not the City's intent to go~into a Joint Powers Agreement. Councilmember Anderson stated Los Gatos has a Joint Powers Agreement with the County, but they did not expand their sphere. I She stated staff at Los Gatos indicated that the County is known to~violate this agreement, but will not violate State Law. Page 16, Trail System, Ms. Ottenberg spoke in ~upport of this issue. Page 18, (k) Project Review - Leave in the word "Dedications" City Manager Peacock stated using the term "Dedication" the City is requiring a dedication of fee rather than an easement. Ms. Ottenberg suggested the following wording: "Dedications of fee or easements..." Page 22, #40 Standards - Change the word "standard" to "population". Page 19 (33) the 150 ft. standard should be left in. Mr. Stan Bogosian, 20630 Lomita Ave., stated he agrees with the previous speakers comments. He stated if the City pursues the sphere of influence expansion he would support the ROS zone as the City needs to control development in the hills. He added this i~s a regional City Council Minutes 10 Novembe 17, 1993 concern. Ms. Dorothy Webb stated all her comments made for item !A should be applied to this matter. She asked if the sphere of influence could be reduced. Ms. Margaret Slemmons, 19655 Redberry Rd., asked about the extension of the sphere of' influence. City Manager Peacock stated, at this time, the City Council is placidg, in the draft element, a statement to the affect that if the City expands its sphere of influence the residential open space zoning would be applied to the future areas in the sphere of influence. Mr. Gregory Fox, 15175 Norton Ave., stated he has seen no! agreement to have his property included in the open space inventory and would like his property removed from this zoning. Ms. Stephenson, 22505 Rolling Hills Road, stated she~ was in the agricultural zone until the City changed it to residential. She expressed concern about the property changing zoning and d~velopment in the hillsides. Ms. Stephenson also expressed concern about the expansion of the sphere of influence. Ms. Meg Caldwell, Planning Commissioner, commended the Co.hncil for the procedure they are following regarding this item. She stated all the amendments made to the draft at this meeting are appropriate. She · stated it is the position of the Planning Commission that the expansion of the sphere of influence is inappropriate at this time without very careful study and public input. Ms. Meg Giberson, Glen Una Dr., expressed concern about Policy 6 on Page 12, and noted people do not want the City of Saratoga to manage their property within the unincorporated areas. Ms. Giberson addressed the suggested addition #2 from the Open Space District, and stated people in the unincorporated areas are asking for no expansion. She believes the ' %%gJ2 $rr UJJ is imp because the element has currently a o the language City. Ms. Giberson submitted provisions from the County also a letter from her dated October 12. She expressed concern about the City being able to protect a creek and addressed a project on Sunset. She noted the Carey open space is. not included on the open space map. ANDERSON/BURGER MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0. Councilmember Monia addressed issues raised by the publiC. Page 18 (K) Second sentence should read "Dedications in fee or easement.. ." MONIA/~DERSON MOVED TO APPROVE THE ABOVE CHANGE. PASSED 5-0. Councilmember Monia suggested changing the title on Page 10 to read "THE OPEN SPACE GOALS OF THE CITY ARE:" Councilmember Monia made the following changes: Page 1~, capitalize paragraphs under GENE~L POLICIES. He also noted the names of groups and governing bodies should be written properly an~ consistent throughout the document. In response to Councilmember Monia's concerns regarding private property, Mr. Curtis stated the maps will be amended to re=.flect current policy, once the Open Space Element is adopted.. MONIA/ANDERSON MOVED TO REMOVE MR. FOX'S PROPERTY FROM THE I~ENTORY IF NOT DEDICATED AND TO INCLUDE THE C~REY PROPERTY IF DEDICATED. PASSED 5-0. City Council Minutes 11 Novembe~ 17, 1993 ANDERSON/MONIA MOVED TO ACCEPT THE NEGATIVE DECLARATION ON THE OPEN SPACE ELEMENT AS AMENDED. PASSED 5-0. ANDERSON/MONIA MOVED TO ADOPT THE~RESOLUTION OF THE OPEN SPACE ELEMENT AS AMENDED. Councilmember Burger stated she still has some major concerns with the open space element as it stands. She expressed concern about private property rights. She believes there are too many shalls and not enough shoulds. S~ stated there is reference to dem ands and ~ecessity for additional neighborhood parks, this is not documented. Also certain areas of the City are referenced that do not have sufficient quantities of opensspace and this is not documented. She believes[the National Recreation and Parks Association Standards are not totally applicable to Saratoga with its large lots and low density. Councilmember Burger add e r ssed the 1954 U.S. Supreme court case which is referenced in the document and believes this is unclear in its intent and if included a balancing statement is neede~ that makes reference to the constitutional premise of private property and just compensation for the taking of private property. Mayor Tucker stated many changes have been made to this document, but will not vote for it at this time. She expressed concern about the usage of the word shall and believes there is too much inconsistency. She addressed Page 24, first paragraph, requested the removal of the word "Majority". She expressed concern about working within the budget believes this document forces the City into a situation Were there is no discretion. The above motion carried 3-2 (Tucker, Burger No). MONIA/KOHLER MOVED TO CHANGE THE ORDER OF THE AGENDA. PASSED 5-0. Councilmember Anderson left at 11:45 p.m. The Council continued with Oral Communications Mr. Philip Willjams, 11566 Fallcreek Spring Ct, Cupertino, stated he is the owner of lot 3, Tract 7770. He stated improvements h.~ve been made and development has started, but there is no electric power to this lot. He requested that the City Council direct staff to u~se the surety bond to pay PG&E to put electricity into his home. City Manager Peacock stated staff has issued a letter to t.he Surety and has contacted PG&E regarding this issue, but have not received a satisfactory answer from either at this point. He requested the City Council authorize the City Manager to use the money for Mr. Willjams and then pursue the surety for the reimbursement. MONIA/BURGER DECLARED THIS AN EMERGENCY ITEM AND PLACED IT ON THE AGENDA. PASSED 4-0-1 (Anderson absent) MONIA/BURGER MOVED TO DIRECT STAFF TO AUTHORIZE PG&E Tq INSTALL THE ELECTRICAL LINES AND FURTHER INSTRUCT STAFF TO PURSUE TH~ MATTER WITH THE SURETY TO BE REIMBURSED FOR THE FUNDS. PASSED 4-0-1 (Anderson absent). 6. B. Report from City Manager on Animal Control !Joint Powers Agency - Review Concept Paper to Form with Other Cities Staff recommends that the City Council authorize the City Manager to pursue the establishment of a joint agreement to provide animal control services for Saratoga and extend the existing contract with the Santa Clara County Humane Society through January 15, 1994. City Manager Peacock presented the staff report dated November 17, 1993 and noted they are in the process of reviewing proposals with other cities. MONIA/BURGER MOVED TO AUTHORIZE THE CITY MANAGER'S OFFICE TO NEGOTIATE City Council Minutes 12 November 17, 1993 AN EXTENSION OF THE CURRENT SERVICE AGREEMENT WITH THE HUMANE SOCIETY. PASSED 4-0-1 (Anderson absent) MONIA/KOHLER MOVED TO DIRECT THE CITY MANAGER,S OFFICE TO~REPORT AGAIN IN JANUARY 1994, ON THE STATUS OF THE SERVICE IMPLEMENTATION. PASSED 4-0-1 (Anderson absent). 7. NEW BUSINESS A. Master Meeting Calendar for 1994 Staff recommends that the City Council review the calendar and approve the proposed meeting dates. City Manager Peacock stated the City Attorney has requested a meeting with the Council and all Commissions to discuss the changes to the Brown Act. He stated if it is agreeable it will be scheduled for January 25, 1994. Councilmember Monia suggested that staff talk to the school district staff before the Council meets with the School District lnd come back with a list of mutual items to discuss. The Council approved the calendar by consensus. B. Memo Authorizing Publicity for Upcoming Hearinc's Staff recommends that the City Council authorize the publicity as recommended. BURGER/KOHLER MOVED TO AUTHORIZE THE PUBLICITY AS RECOMMENDED. PASSED 4-0-1 (Anderson absent). 9. CITY COUNCIL ITEMS A. Oral communications (continued) and instructirons to staff regarding actions on current oral communications B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD 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 Sanitation District - Burger 15. County Cities Assn. Legislative Task ~orce - Monia 16. Emergency Planning Council - Kohler 17. Congestion Management Agency AdviSory Board Burger/Tucker 18. Local Transportation Authority Policy Advisory Board -Kohler/Anderson MONIA/KOHLER MOVED TO TABLE THE AGENCY ASSIGNMENT REPORTS, EXCEPT ITEM 17 TO NOVEMBER 23, 1993. PASSED 4-0-1 (Anderson absent). Regarding item 17, Mayor Tucker stated with the passage of, the advisory vote on the consolidation of the CMA, the plan will move] forward very rapidly and any comments or concerns should be expressed before November 29, 1993. C. General Council Items city Council Minutes 13 November 17, 1993 1) Agenda items for adjourned regular meeting 11/23: a. council codeof conduct b. Minutes of 9/21 Meeting c. Performance Appraisal of the City Manager 2) other Mayor Tucker stated the Planning Commissioners Christmas Dinner will be December 10th. 10. ADJOURNMENT The meeting adjourned at 12:00 a.m. to n~xt meeting on Tuesday, November 23, at 7:30 p.m. in Administration ~eeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine Robillard Minutes Clerk