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HomeMy WebLinkAbout12-01-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 1, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Cu oet Closed Session on Litigation in the case of City of p~rtin al. vs. City of San Jose (The San Jose Landfill Tax Case) - 7:00 p.m. Public Works Conference Room next to Civic Theater Lobb9 There was not a quorum, so the closed session was moved to the end of the agenda. Vice Mayor Burger called the meeting to order at 7:38 p~m. and noted Mayor Tucker is out of town. Vice Mayor Burger noted that Cathy Robillard, Minutes Clerk, recently received her citizenship to the United States. She asked 2athy to lead the Pledge of Allegiance. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Kohler, Anderson, Vice Mayor Burger, Monia (arrived 9:20 p.m.) Councilmembers Absent: Tucker 2. CEREMONIAL ITEMS 3. ROUTINE MATTERS A. Approval Of Minutes 11/17; 11/23 City Manager Peacock stated that'Councilmember Monia contacted him and would like page 8 of the November 17th minutes corrected. Comments under Page 12, word "if" should be changed to "should". Councilmember Burger corrected the minutes of 11/17 as follows: Page 11, add to the last sentence of her comments, the following "... with its large lots and low density." Mr. Bert Martel, 14420 Fruitvale, expressed concern about the accuracy of the minutes and asked who is responsible for this. Ie stated his comments reflected in the last minutes does not reflect ~hat he said. Vice Mayor 'Burger suggested that Mr. Martel submit a statement of his comments in writing. Councilmember Kohler stated if Mr. Martel's comments are not correct in the minutes they should be corrected. Councilmember Anderson suggested making the following qhange to Mr. Martel's comments: Third sentence should read "He noted the City/College project is to create a wetlands and not ~substitute a . wetlands for a dry wild life preserve that already exists." ANDERSON/KOHLER MOVED TO APPROVE THE CHANGE AS SUGGESTED BY COUNCILMEMBER ANDERSON AND APPROVE THE MINUTES AS CORRECTED. PASSED 3- 0-2 (Monia, Tucker absent). KOHLER/ANDERSON MOVED TO APPROVE TME MINUTES OF 11/23, As SUBMITTED. PASSED 3-0-2 (Monia, Tucker absent). B. Approval of Warrant List Councilmember Kohler questioned the warrant list wit! regards to expenditures relating to the Quarry Creek Project. City Engineer Perlin stated the $5463 to Harvey Associate~ is the first of the progress payments. He stated this is funded out 6f the Quarry Creek Trust. He added the $68,000 is the release of a cash bond back City Council Minutes 2 D~c~mher 1, 1993 to the developer. ANDERSON/KOHLER MOVED TO APPROVE THE WARRANT LIST. IPASSED 3-0-2 (Monia, Tucker absent). 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 24. 4. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution adopting Revised Open Space Element of the General Plan (GPA-93-001) City Manager Peacock reviewed the technical changes made on pages 12, should read "The City shall make a concerted f t n space and manage future land uses within the unincorporated hillside area and shall apply the Residential Open Space (ROS) zohing district standards to these lands should they become part of the ~ity's Sphere of Influence or annexed into the City." Page 13, add the words "in accordance with the ROS district." to the last sentence under 9. Appropriate Land Uses. Page 20, q. Enhancement of Creeks and Drainage ways. left the "s" of the word "Corp". ANDERSON/KOHLER MOVED TO APPROVE THE CHANGES OUTLINED BY THE CITY MANAGER. PASSED 3-0-2 (Monia, Tucker absent). KOHLER/ANDERSON MOVED TO ADOPT RESOLUTION 93-054 ADOPTI [G AMENDMENTS TO THE OPEN SPACE ELEMENT OF THE GENERAL PLAN, MODIFYING 3ENERAL TEXT, GOALS, POLICIES AND IMPLEMENTATION PROGRAMS. PASSED =-0-2 (Monia, Tucker absent). B. New Items 1) Planning Commission Actions, 11/22 - Note nd file (note change of date from 11/24) 2) Leonard Road Assessment District, CapitaI Project No. 9308 - Award of Construction Contract to Duran and Venables as the lowest responsible bidder ~n the amount of $86,776, with change orders to the contract authorized up to $7,500 3) Resolution 93-055 of summary vacationi of certain easements within Tract 2502 (Forrest Hills Dr.) 4) Resolution 93-056 appointing corporation representative for small Claims Division of Municipal CoUrt 5) city Financial Reports for October: a) Treasurer,s Report b) Investment Report c) Financial Report KOHLER/ANDERSON MOVED TO ADOPT SECTION B OF THE CONSENT CALENDAR. PASSED 3-0-2 (Monia, Tucker absent). C. Claims 1) claim of Blosk in connection with landslide on their property City Council Minutes 3 December 1, 1993 Staff recommends that the City Council reject the claim as insufficient. ANDERSON/KOHLER MOVED TO REJECT THE CLAIM AS INSUFFICIENT. PASSED 3-0- 2 (Monia, Tucker absent). 5. COMMUNICATIONS FROM COMMISSIONS AND TME PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS B. ORAL COMMUNICATIONS Mr. Bert Martel, 14420 Fruitvale Ave., stated this project is concerning C.P.9109, mitigation of Quarry Creek. Meetinl date Oct 6, 1993. He read the following statement from the Capital project "The proposed restoration area is a narrow knoll between two converging creeks just north of the tennis courts and east of the baseball field." He believes it was covered up by those visiting the area, ~hat this was indeed posted as a wildlife sanctuary. He noted the chancellor at West Valley College is concerned about the wildlife. He state~ he does not understand how the Fish and Game would approve bulldozing a wildlife sanctuary. He stated there is no bulldozing plan and they can do as much or as little as they want and this concerns him. Ms. Victoria Ann Hostetter, 14563 Oak Street, stated she ~s a business owner in Saratoga and would like to address the letter she sent to Councilmembers several weeks ago'about conditions in he building at 14577 Big Basin Way. She stated her insurance or land ord will not take care of the problems. She noted they are waitinc on original permits and noted she can no longer operate her business after seven years, until the conditions are fixed. She stated Lhere are no concrete facts with regards to a use permit and asked that!her business license be revoked and the property owner not be allowed~to lease his building until the conditions have been taken care of. Ishe believes that the City has an obligation and the land owner has r~sponsibility to make the building safe. councilmember Anderson stated she would like a report from the City Attorney and City Manager on this matter, from a legal s~andpoint, at their meeting on Tuesday. Vice Mayor Burger recommended that Ms. Hostetter attend the meeting on TUesday. Mr. Scott Schneider, 14391 Springer Ave., stated he has questions regarding the use permit for the cellular antenna recently approved. He stated he has concerns, as do his neighbors, and is confused about the City Council's direction when they approved the usa permit. He noted there are scientific studies in process and none~ldicate that these antennas are safe. Mr. Schneider addressed second and smoke and term health affects. He asked how the Council could app.r~ve this with no hard evidence that it is safe. He also noted that a similar project came up before the City Council approximately two y~ars ago and Councilmember Anderson voted'no. City Attorney Riback stated the public hearing regarding this matter has been closed and action has been taken. He stated the resolution stating all the findings, that were the basis for the City Council's action, have been adopted. He noted, from a legal standpoint, for the City Council to explain why they took the action they took, is inappropriate. He noted there is still an appeal period ~o a court of law. He suggested Mr. Schneider speak individually to Councilmember Anderson. Councilmember Kohler stated if members of the public have additional data, he would encourage appealing this in a court of law. Mr. Mark Wagner, 100 Albert Ct., Los Gatos, stated he ia here at the request of some residents in Saratoga with regards to th~ GTE cellular City Council Minutes 4 Deoe.mber 1, 1993 antenna. He noted it is his understanding that during thee proceedings when the antenna was approved there was some misinformation and mis- representation made to the City Council. He addressed th~ issue within the Town of Los Gatos and noted the entire issue was. solely health. He noted the City of Saratoga being the lead agency under CEQA, in his opinion, is required to initiate an EIR in a situation I~uch as this. Mr. Wagner presented sections 15064 and 15126 of CEQA wii:h regards to this issue to the Council, and read them. C. WRITTEN COMMUNICATIONS 1) Request from Public Safety Commission to approve Funding of Additional crossing Guard Position, with associated Appropriations Resolution Staff recommends that the City Council authorize the additional position and approve a Resolution in the amount of $1700~ for FY 93/94 City Manager Peacock presented the staff report dated December 1, 1993, noting this request came from the Public Safety Commissi6n. He stated there may be a conflict between passing this resolution and City's policy on reserve amounts. Mr. Peacock addressed the new legislation which goes into effect January 1, 1994 which repeals the] provision in the State Education Code requiring cities to fund school crossing guards. Vice Mayor Burger stated if they pass this resolution they are waiving the reserve policy. She noted the State has raided Cit~ coffers and made the schools whole and the schools are in a better position to fund a crossing guard. Councilmember Anderson stated she recognizes some of 'the names of people who signed the petition and stated a number of people don't live in an area where their children would use a crossing guaid. She asked how many children would use this crossing guard. Councilmember Kohler stated if the schools have the responsibility to provide the crossing guards they should do so. Ms. Carolyn King, Assistant to City Manager, stated that Mrs Foust brought the matter to the Public Safety Commission. she stated the petition is signed by members of the PTA at Redwood SchoOl. Mrs Foust stated her daughter attends Redwood School and is very concerned about her daughter crossing the roads. She stated she did approach the PTA who approved supporting the request fori the crossing guard. She noted she then took the request to the Public Safety Commission who recommended a crossing guard. Mrs Fous stated there was a child hit by a car in 1991 at this intersectic She noted approximately 30 children do cross this intersection dai~y. Councilmember Kohler stated this is in the interest cf the school children and believes it is the schools' responsibility., He believes the school has more funds and if the parents want fast action they should bring this issue to the school. Mr. Swanson, Public Safety Commissioner, stated the Comm!ission looked at this intersection several times and it was Ma unanimous recommendation. vice Mayor Burger stated the City Manager indicated that the City would be willing to train and supervise a crossing guard. In response to Councilmember Anderson's questions, Mr. Swanson stated the Public Safety Commission took testimony and looked at the intersection several years ago. He did confirm that 30-35 students do cross this intersection daily. ANDERSON MOVED TO APPROVE APPROPRIATION RESOLUTION IN THE AMOUNT $1700 WITH THE CONDITIONS THAT THE CITY VERIFY THERE ARE SUFFICIENT NUMBERS TO WARRANT THERE BEING A CROSSING GUARD; AT THE END OF TIE SCHOOL YEAR THE CITY WILL NO LONGER FUND THIS CROSSING GUARD. City Council Minutes 5 Dece~ber 1, 1993 The motion died due to lack of a second. KOMLER/BURGER MOVED TO DENY THE APPROPRIATION RESOLUTION, BUT SUPPLY TRAINING FOR THE 'CROSSING GUARD._ Councilmember Anderson stated that the City has offere8 to purchase software for implementing car pools and will still stand bY this offer. She encouraged Mrs. Foust to bring this back to the PTA and School Board. Vice Mayor Burger stated it is not pleasant to deny thi1 request, but the City is facing financial hardships and believes t e school can provide the crossing guard. The above motion was carried 2-1-2 (Anderson No, Tucker, Monia absent). Vice Mayor Burger moved to the public hearings at 8:35 pi.m. 8. PUBLIC HEARINGS A. Appeal of Use Permit Approval to allow Establishment of a Deli- Bistro and the Sale of Beer and Wine at 14480 Big Basin Way within an existing commercial space in the Saratoga village which is zoned Commercial-Historic (CH-1) (UP93-006) (Applicant, Stark; appellant, Masek) Staff recommends that the City Council deny the appeal, upholding the Planning Commission's decision. City Manager Peacock stated additional written communication was received from: Otto Crawford, Joseph Masek, Marcelle Bloxham, Carolyn Holm, Tracy Hill, Tom VandenHoogen. Vice Mayor Burger noted she had conversations with Mr. 2rawford, Mr. Cancellieri, Mr. Masek and Mr. Rankin. Councilmember Anderson stated she also had conversati)ns with the above, except Mr. Masek. Planning Director Curtis presented the staff report date~ December 1, 1993. He stated after conducting a public hearing, ~the Planning Commission felt that the land use was appropriate at thi~ site and it did meet the objectives of the Village Plan in terms of providing a commercial business in an existing facility. He sta~ed there was extensive discussion regarding the parking situation and noted this particular building is not part of a parking district, but has its own parking lot. Mr. Curtis reviewed the parking available and noted the Commission felt there was sufficient parking for this type of use and felt this property owner could not resolve the overall parking problem in the Village area. Mr. Curtis stated the Planning Commission unanimously recommended to the City Council that the overall parking situation in the Village area be studied. In response to Councilmember Kohler's question, Mr. Curt~is stated the previous occupant was a music store. In response to Councilmember Anderson's question, Mr. ~urtis stated basically most buildings in the Village area are subst~ndard in the commercial parking standards. Vice Mayor Burger opened the public hearing at 8:45 p.m. Mr. J. Masek, 14467 Big Basin Way, Appellant, stated that 12 people signed the appeal and noted the concern is parking and not the Deli. He stated several years ago he was denied a project becadse of lack of parking and had to redesign his project. Mr. Masek stated the parking report prepared by Mr. Lampshire is incorrect. He requested that the City look into the parking situation before any permits are issued. Mr. Lampshire, 15055 Park Drive, stated he is representing the owner of the building and the applicant, Dan Stark, is also here to speak. City Council Minutes 6 December 1, 1993 Mr. Lampshire stated he did a study of some 50,000 sq. ft~. of building on the south side of Big Basin which is not in a parking district and some have parking spaces, such as the Hillview Shopping Center. He noted staff has' indicated that this building meets the City's requirements for operating as a Bistro/Deli. He stated the property will conform to the requirements of parking districts two and four. Mr. Lampshire reviewed the surrounding buildings and the parking required and noted no tenant can meet the parking requir~ments of the ordinance. Mr. Lampshire reviewed the appeal petition. i{e stated the applicant will restripe the parking lot and a trash encll~sure will be put into place. Mr. Lampshire stated he has tried for o~/er a year to bring in new tenants into this building. He noted if the ase is denied it will penalize one building owner. Mr. Lampshire added that improvements have been made to the interior of the building as well as replacing the sewer line. He urged the City Council to de~y.the appeal on the basis that there is no clear way to change it fr+m what it is today. Mr. Dan Stark addressed his comments dated November 23,~addressed to the City Council. He stated parking is not an issue andihe has never had any trouble finding parking in the Village area. H~ pointed out that the tenant does not have control over the parking~ and the use proposed is a very positive use for this space and will bring customers to the downtown area. Ms. Bette Crawford, 12471 Green Meadows Ln., stated all merchants and business owners signed the petition after reading it. She stated there was an interior decorator in this building prior to the music store and they sold furniture. She added they were in business for several years. Mr. Otto Crawford, 12471 Green Meadows Ln., stated they ace protesting this use because this is maximizing the utilization of the building with very little parking. He stated they have never objected to any retail use, but are protesting the lack of parking. ~e stated all parking districts cannot be combined as all the bonds aie different. Mr. Crawford addressed his letter dated November 29, 1993 and asked the i . .a e his letter, "How can the Council say yes to a Bistro-Deli-Restaurant when over 90% of the businesses say no - because of ark'l p l~g shortages. Why make Stark and Lampshire happy and make the other merchants unhappy. If approved the City is breaking new ground, permitting a new restaurant/deli/bistro where there has never been one."[ Mr. Larry Tyler, 13611 Saratoga Vista Ave., stated heihad a master lease on the building for 25 years, but at the time of the lease the parking requirements were different. He stated it is his 6nderstanding that the use and ownership of a building can change, as lcng as it does not increase the need for parking. Mr. Tyler reviewed the parking code that affected the legal non-conforming uses. He also a(tded that the analysis done by Mr. Lampshire is incorrect as it is not based on the parking ordinance for the City. Mr. Tyler noted in 1975 13 new parking spaces were put in as he received an easement from an adjoining property owner. He stated this easement can be canceled at any time. Mr. Alden Bloxham, Big Basin Way, asked the City Council tD support the petition opposing this use, and noted he does this on behalf of parking district three as his wife owns property within that istrict. He stated the parking which exists has been established in t~e form of an ordinance which was passed approximately 10 years ago. He stated if this ordinance was applied to this use it would result in a shortfall of 48 parking spaces. He stated the merchants of parkimg district 3 are paying 50 cents per square foot, per month for theiprivilege of parking in district 3 and expressed concern about businesses coming in and paying nothing. He urged the Council to deny the Bistro/Deli. Councilmember Monia arrived at 9:20 p.m. Councilmember Anderson asked how many parking spaces Mr~ Bloxham had for his building before parking district 3. Mr. Bloxham responded he City Council Minutes ; 7 Dece/~r 1, 1993 had 86 spaces. Councilmember Anderson pointed out that when the parking district was formed the parking district, through the City, purchased those 86 spaces and he received a lump sum. Mr. Bloxham stated they received payment for an easement and then the City charged them for a construction bond. He stated theI are entitled to a return on an investment. Ms. Tracy Hill, Bank of America, stated she is responsible for the Hill reiterated the comments made in her letter e City Council dated November 23, 1993. She stated if the Blstro is approved people will park in their lot and repair will be moreSfrequent and costly. She stated the parking is inadequate as is. In response to Councilmember Kohler's question regarding the public using the parking lot after bank hours, Ms. Hill stated t~is will still infringe on the maintenance upkeep. Mr. Leonard Sullivan, 14421 Big ~Basin Way, property own,~r, expressed concern about the parking. He stated he paid to put th, lot in, and pays for the maintenance. Ms. C.J. Tomaino, 20603, 20605 Third Street, stated the p~rking lot for her business is also shared by several other businessesj She stated , . she is entitled to four parking spaces, but receives complaints from customers regarding lack of parking. She added that delivery trucks park in the parking lot blocking parking spaces and ~f there was another establishment this would cause more problems. S~e stated she is not against the Bistro, but is very concerned about the parking. Ms. Annette Casabonne, 20120 Herriman Ave., stated they o~n property in the Village area which is in parking district 3. She stated business and competition is good for Saratoga, but what is nSt good is a business being able to open without adequate parking. She stated the requirements for off-street parking spaces should be u~held and the City must be consistent. She'added that the member~ of parking district 3 are providing parking for employees, owners an~ customers of businesses outside the district. She stated it will be ma~y more years before a parking district will be formed and something needs, and must be done before this. She stated if parking requirements on the south side of Big Basin Way cannot be met, a parking district needs to be formed. Ms. Casabonne read from the minutes of the Plannilg Commission regarding this issue. She reviewed other possible u:;es for this building. Ms. Poppy Brozda, 24501 Big Basin Way, stated in 1990 the 3ity assessed her $330,000 for parking fees, another $5,000 per year f,~r picking up trash and expressed concern about future tax assessments She stated Mr. Stark will be allowed to operate the Bistro without any assessments. She stated the Village area does not need another restaurant. Mr. Miles Rankin, 14506 Big Basin Way, believes there ~is a parking problem in Saratoga especially between the hours of ll:30~a.m. to 2:00 p.m. and also 5 p.m. to 7 p.m. He stated when the use is ~hanged there are new rules to follow. He stated he can not believe}the Planning Commission did not notify the applicant that there would!be a parking problem. He stated there has to be a solution to the parking problem and would not recommend that a restaurant be allowed in this building as it will make the parking situation worse. He also expressed concern about the number of establishments serving alcohol in Saratoga and stated Saratoga will have to address this in the future. Mr. Gene Zambetti, 14575 Oak Street, stated the expansiol~ of the non- conforming use would greatly intensify a non-conforming use. He stated there is already a deficiency of 29 parking spaces and the proposed use will increase the deficiency by another 29. He believes the Planning Commission made an error in not conditioning the applicatLon to either City Council Minutes 8 D:cember 1, 1993 enter into or form another parking district. He stated the Planning Commission also did not condition the applicant to ~nter into a lighting district. Mr. Zambetti reviewed his tax bill [egarding the maintenance of five parking spaces within the City. He added they would like to see some use in this building, but there is a need to form another parking district. He stated a cash bond shoald be posted by the applicant or purchase parking rights from parking district three or the City. He also noted that a cash bond should be posted for a landscaping and lighting district.' Mr. Zambetti stated a trash enclosure should be built prior to occupancy. He added that circulation of traffic is a problem and parking district 5 would solve this problem. He stated this allowed change will greatl] increase the parking needs. Mr. Jim O'Rourke, 20121 Rancho Bella Vista, stated he has never had any problems with parking in Saratoga. He read from a letter from Mr. Dan Stark and noted this is not a change in use, as part of the facility will be retail. Mr. O'Rourke believes there is a fear oT competition and other retailers are jealous. He noted if there is a parking problem, it is the City's responsibility. Mr. Sami Asfour, Planning Commissioner, encouraged the City Council to approve the application as recommended by the Planning Conmission. He stated, as stated by staff and also discussed extens.vely at the Planning Commission, no viable business can occupy this building and meet the parking requirements. He believes if this i. denied the tenant will be held hostage. Mr. Asfour suggested that the City establish one parking district and all landlords contribute to this parking district. Mr. Robert Cancellieri, property owner, stated all the property owners did sign the appeal. He noted people will park at the Bahk of America ~ . and go to the Bistro. He expressed concern about the rkl pa ng issue. He noted restaurants are acceptable, and competition ms good, but parking must be provided. He urged the City Council Co deny this application. Vice Mayor Burger closed the public hearing at 9:50 p.m.; ~he re-opened it at 9:51 p.m. Mr. Lampshire stated he has great compassion for the peop] paying into the parking district. He stated the problem Bank of America has with parking will not go away and needs to be controlled. ~e stated the property owner or applicant can not be held responsible f~r the parking problems in Saratoga. He stated there is rear parking aid there will be rear access after renovation. Mr. Lampshire stated he easement, after a period of time, can not be taken away. Mr. Masek addressed the easement and stated this is only a~ addendum to the grant deed. He stated the parking is chained off ever~ year around July 4th. Vice Mayor Burger closed the public hearing at 9:55 p.m. Councilmember Anderson questioned excess parking space~ in parking district 3. City Manager Peacock stated there are more parking spac,~s in parking district three than are required for the existing square footage of building. He noted there is no restriction on use in any parking district. In response to Councilmember Anderson's question, Mr. ~urtis stated there would be a deficit of parking spaces based on 1 spade per 200 sq. ft. He stated there is a special calculation used fo~ the Village cilmember Anderson asked if this was approved can t ey condition the applicant to purchase additional parking spaces. City Manager Peacock stated they would have to rent spaces that are City Council Minutes 9 De ember 1, 1993 c available. He stated the City.limited the purchase of the spaces in parking district 3 to the properties within that district. He stated the spaces could be rented out if they have a surplus. Mr. Peacock stated the spaces' are owned by the City and the property owners own building rights, not parking spaces. Vice Mayor Burger stated in order for joint parking tD work, both parties need to be in agreement and enforcement would be a problem. In response to Councilmember Monia-'s'question Mr. Peacock stated if the parking ratio in the code is applied to the Village are~ he believes. there would be a shortfall of 125 spaces. Mr. Curtis stated it is staff's. opinion that parking is sufficient within walking distance. He stated the proposed use willSnot create a significant parking problem in the Village area. He noted the use sta ' proposed does not require the same parking as a re urant. City Attorney Riback stated the City can require the applicant to meet the parking standards. In response to Councilmember Anderson's question, Mr. P,acock stated the Village Plan contemplates the creation of a 5th and 6th parking district in the future which would improve circulation. !He stated it would be appropriate for the City Council to require the ~wner to waive the right to protest in the event a district is formed. In response to Councilmember Monia's question, Mr. Curtis stated staff never anticipated customers of the Bistro using private pa?king spaces. Councilmember Kohler stated there are many problems with t3e parking in the Village area. He stated there is an inequitak[e financial situation and noted this problem will get worse if not 'esolved. He agrees that everyone should pay into the parking districts. He added he is willing to support this application, if there was fair parking for everyone. He spoke in favor of upholding the appeal tnd work hard to get a different parking formula. Councilmember Monia stated he will not vote for this ite~ as he missed the opening arguments. He suggested continuing this ilem and staff come back with a report regarding the parking deficit i the Village area. He noted the City Council can then decide how much'more will be allowed. Councilmember Anderson stated no one wan~s vacant buildings. She addressed a seminar she attended on how to revitalize a downtown. She noted people from the Village area were asked to p icip~te, but they art got very little response. She asked the property owners~to meet with the facilitator and discuss a plan for the Village area. ~She spoke in e . support of a condition that the applicant must lease a certain number of parking spaces and must waive ~he right to protest. She stated she would like to get the merchants together and formulate a plan. Vice Mayor Burger stated there are three options for the Council: 1. Continue and receive staff analysis regarding pasking in the Village area; 2. Denial until a Village wide parking district is es' ]blished; 3. Approval with the conditions as addressed by 2ouncilmember Anderson. Councilmember Kohler stated the City should not ask the m rchants to go to seminars and believes it is the City's responsibility to come up with a plan. Councilmember Anderson stated it is her belief that if the merchants come up with a plan it will work. Vice Mayor Burger expressed concern about vacant buildings in the Village area as well as the parking problems. She suggested that this be continued and ask staff to report back on the parking problem and where they would draw the line. City council Minutes 10 Dece~r 1, 1993 City Manager requested this be continued to January 5, .994 as field work will be required. KOHLER/ANDERSON MOVED TO REOPEN THE HEARING AND CONTIN E THIS UNTIL JANUARY 5, 1994. PASSED 4-0-1 (Tucker absent). B. Resolution ordering Abatement of a Public Nuisance by Removal ' of Hazardous Weeds 'r s ' Staff recommends that the City Council adopt the e olut o ~ n. City Manager Peacock presented the staff report dated Dec]ember 1, 1993 and noted this represents the second step in the weed abatement process for this season. Vice Mayor Burger opened the public hearing at 10:45 p.m; she closed it at 10:45 p.m. MONIA/ANDERSON MOVED TO ADOPT RESOLUTION 93-057 ORDERING ABATEMENT. PASSED 4-0-1 (Tucker absent). City Manager Peacock stated that there is a meeting sched~ led with both fire districts to discuss their winter program. 6. OLD BUSINESS A. Ordinance Prezoning Map for Sphere of Influence Pursuant to the adoption of the Residential Open space Zo]~ing District (ROS), the City Council will consider a Prezoning map identifying the boundaries of said zoning dist~ict. (first reading and introduction) Staff recommends that the City Council introduce the ordir ]nce by title only, waiving further reading. City Manager Peacock stated in order to identify every parcel they have listed the assessor parcel number. MONIA/ANDERSON MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 4-0-1 (Tucker absent). 7. NEW BUSINESS A. Informational meeting on business license rates and regulations city Manager Peacock reviewed the changes requested by t]~e Council at a previous meeting as reflected in the ordinance. MONIA/ANDERSON MOVED TO DIRECT THE CITY MANAGER TO CONTiiNUE WITH THE PROCESS. PASSED 4-0-1 (Tucker absent). B. Memo Authorizing Publicity for Upcoming Hearin¢ s Staff recommends that the City Council authorize the Publicity as recommended. ANDERSON/KOHLER MOVED TO AUTHORIZE THE PUBLICITY FOR UPCOM~[NG HEARINGS. PASSED 4-0-1 (Tucker absent). 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructigns to staff regarding actions on current oral communicatlolns Councilmember Monia asked about a letter from Mr. Whetstohe concerning the analysis by the City Attorney regarding the PUC Orde~.~, 159. City Attorney Riback stated that Mr. Whetstone faxed to h' a statement and a request that he respond. He noted it is the Councll's policy not to respond in that respect. ' ' ' City Council Minutes 11 ~ ce~r 1, 1993 Regarding cellular antenna, Councilmember Anderson state~ she was led to believe that PUC may step in after two applications were denied. She stated it was also her understanding that the PIIC would not consider health issues in making the determination about ~he location. City Attorney Riback stated the PUC can consider health l~sues as well a~ aestheticS. .He noted the activity that preceded th? P~C Order ~ealt Council can review the hea~th issues even if the PUC denias or approves a project. Councilmember Monia suggested the City Attorney reply to Mr. Whetstone indicating that he can only respond to his questions at .rection from the Council. B. Agency Assignment Reports 1. ABAG - AnderSon 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anders, 5. Hakone Foundation - Kohler 6. Flood Control Advisory Board - Burger 7. League of Cities Peninsula Division h Tucker 8. Water District Commission - Anderson~ 9. Santa Clara County Cities Associatio~ - Tucker 10 Sister City Committee - Burger ~ 11 Traffic Authority Policy Advisory Board - Tucker 12 Transit Assist Board - Burger ~ 13 Senior Coordinating Committee - Burg?r 14 West Valley Sanitation District - Bu[ger 15 County Cities Assn. Legislative Task Force - Monia 16 Emergency Planning Council - Kohler . 17 Congestion Management Agency Adviaory Board - Burger/Tucker 18. Local Transportation Authority Policy Advisory Board -Kohler/Anderson - No reports C. General Council Items 1) Agenda items for joint meeting with Saratoca Area Senior Coordinating Council 12/7 city Manager Peacock stated the Country Store will be on his agenda as discussed earlier in the meeting. 2) Shall the City of Saratoga Create an Arts ~=ommission or Foundation? Councilmember Anderson stated the Silicon Valley Arts Fund requested $10,000 per year from the City and the City has said no] She stated her suggestion is to have a fund raising committee to raise money for · ~ the arts. She stated the City must be involved because 1~ must be City money. Councilmember Monia expressed concern about staff time~ He stated people'~can donate money to the City on b~half of t~e arts. He suggested the City being a partner. Councilmember Anderson stated little staff time would be involved. Vice Mayor Burger suggested the interested parties prepare a proposal and submit it to the City Council. Councilmember Monia stated he would like to encourage this to go forward, but would restrict time spent on this. The Council requested that Councilmember Anderson approach the people City Council Minutes 12 ~eember 1, 1993 c who showed interest and submit a proposal to the Council 3) Other City Manager Peacock stated there will be a closed session after this meeting on the San Jose Landfill tax litigation. ViCe Mayor Burger stated the Council needs to come to c2.osure on the discussion regarding fire resistant landscaping in the ROS and HR zones. - City Manager Peacock stated this is written indirectly through the fire task force, but does not get into the specifics of species. He stated the xeriscape guidelines address the type of plants alloiled. City Manager Peacock stated staff is in the process of developing a list of standard conditions that would apply in particul~Lr zones. He stated the next step is the annual inspection and enforcement. City Manager stated it is his suggestion that as a part of the standard conditions on new developments in the HR and ROS zone that there be a. condition that specifies not only that the landscaping m~et xeriscape standards and water conservation, but it also meet fire code requirements in terms of the type of planting and the a~rangement of planting. The City Council agreed with using such an approach. Vice Mayor stated this Saturday is direct contact and asked Councilmember Kohler or Monia to participate. 10. ADJOURNMENT The City Council adjourned to closed session at 11:20 p.~ to consider litigation in the case of the City of Cupertino, et al. vs City of San Jose (The San Jose Landfill Tax case). The City Council reconvened at 11:28 p.m. with all members except Mayor Tucker being present. Vice Mayor Burger announced that in closed session the City Council had unanimously agreed to authorize the City Attorney to indicate Saratoga will join in an appeal oflthe Superior Court.decision in this case but that such appeal shall be at no cost to ing adjourned at 11:30 p.m. to 7:30 p.m. on Tues ay, December 7, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine Minutes Clerk