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HomeMy WebLinkAbout11-03-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 3, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Vice Mayor Burger called the meeting to order at 7:35 p.m. She stated that Mayor Tucker was out of town. Pledge of Allegiance . Vice Mayor Burger thanked Pepsi Cola for supplying the d ink r s. 1. ROLL CALL Councilmembers Present: Burger, Kohler, Anderson, Monia Councilmembers Absent: Tucker Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planning Director Curtis 2. CEREMONIAL ITEMS A. Presentation of Plaque by Karen Anderson in connection with Storm Water Program Excellence Award Councilmember Anderson presented a Plaque to the City and also presented a T-Shirt to Larry Perlin for his work on this program. B. Presentation of Proclamation to Karen Anderson Commending her for Work on Behalf of City of Hamburg, Iowa Vice Mayor Burger presented a proclamation to Councilmember Anderson. Councilmember Anderson stated many people p ou~ with this hel ed fundraising event. She noted three boxcars of goods havebeen sent to the City of Hamburg and they raised more than the goal of $20,000 in cash and goods. 3. ROUTINE M~ATTERS A. Approval of Minutes - 10/20; 10/26. KOHLER/ANDERSON MOVED TO APPROVE THE MINUTES OF 10/20, AS PRESENTED. PASSED 4-0-1 (Tucker absent). ANDERSON/MONIA MOVED TO APPROVE THE MINUTES OF 10/26, AS PRESENTED. PASSED 4-0-1 (Tucker absent). B. Approval of Warrant List ANDERSON/MONIA MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0-1 (Tucker absent). C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for thia meeting was properly posted on October 29. ' 4. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 10/27 - Noted and filed. 2) Library commission Minutes, 8/4; 9/22 - Noted and filed. KOHLER/ANDERSON MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0-1 (Tucker absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC City Council Minutes 2 November 3, 1993 A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS - None. B. ORAL COMMUNICATIONS Mr. Thomas Reddick, 12389 Larchmont Ave., addressed the work of the CSO's. He stated they are not available when called and suggested the City hire an 'additional Sheriff and eliminate the CSO department. Mr. Bert Martel, 14420 Fruitvale Ave., addressed the [Quarry Creek Project and the proposed wetlands at West Valley College. He stated the approval of this project, in its present form, would be an embarrassment to both the'California Department of Fish and Game and the Army Corp of Engineers. He noted the placement of the wetlands is in the middle of the Wildlife Sanctuary at West Valley College and any gain of one is the loss of another. Mr. Martel stated there is an area on the campus were this.wetland habitat could be placed. He stated this area is the former ski-slope, which is no longer used. Mr. Martel also expressed concern about the management of the Wildlife habitat. In response to Councilmember Kohler's question, Mr. Martel stated he spoke to the Fish and Game Department and this has not been approved. City Engineer Perlin stated the City has not submitte~ the project proposal to the Fish and Game Department. He noted the c~ncept of the project has been discussed with the department and they have indicated support. Councilmember Kohler stated he would like to hear from the Fish and Game Department. 'He also noted that Quarry Creek is in need of restoration. Councilmember Anderson suggested that staff come back With a report regarding an alternate site. Councilmember Monia noted the City has contracted to develop this project. He stated if an alternative site is possible the City should look into this. The Public Works Director was so directed. C. WRITTEN COMMUNICATIONS - None. 6. OLD BUSINESS - None. 7. NEW BUSINESS A. Ordinance designating the Florence Cunningha House as a Historic Landmark (first reading and introduction) City Manager Peacock presented the staff report dated Novamber 3, 1993. He stated the recommended motion is to designate 14065 Saratoga Avenue, as a historic landmark. MONIA/KOHLER MOVED TO INTRODUCE ORDINANCE HP-19 BY TITLE ONLY, WAIVING FURTHER READING. PASSED 4-0-1 (Tucker absent). B. Resolution on Weed Abatement City Manager Peacock presented the'staff report dated November 3, 1993. He noted this is the first step in Saratoga's annual weed abatement program administered by the County Fire Marshall. Councilmember Anderson asked all property owners to clear their lots of weeds and brush. She noted the Fire Departments do have programs to follow, and people need to clear their lots for the safety of everyone in the community.' In response to Councilmember Kohler's question regarding!the process, Mr. Peacock stated a public hearing will be set and notification will be sent to all residents regarding weed abatement. Councilmember Anderson suggested two weed abatements a year. City council Minutes 3 v mbea No e ~ 3, 1993 City Attorney Riback stated the Fire Chief can determine, at any time, that conditions warrant an immediate abatement. Councilmember Anderson suggested-a letter to both fire chiefs urging them to take immediate action to protect the safety of the community. There was a consensus to send the letters. MONIA/KOHLER MOVED TO ADOPT A RESOLUTION DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE. PASSED 4-0-1 (Tucker absent). C. Memo Authorizing Publicity for Upcoming Hearings No additional items were added; there was consensus to approve the publicity as recommended. D. Resolution adopting Regulations with respect t9 Basic Cable Service and setting forth the Administration Thereof City Manager Peacock presented the staff report dated November 3, 1993, noting this is another step in the process of implementing the FCC regulations. He noted this resolution sets forth the basic procedures under which the City of Saratoga will regulate rates and equipment. In response to Councilmember Monia's question, Mr. Peacock stated that the rates have been frozen until November 15, 1993. He stated on October 6, 1994, the rates will be adjustable again because of the allowance for costs of retransmission consent. MONIA/ANDERSON MOVED TO ADOPT A RESOLUTION WHICH ADOPTS BY REFERENCE FEDERAL COMMUNICATIONS COMMISSION REGULATIONS WITH RESPECT TO BASIC CABLE TELEVISION SERVICE IN THE CITY. PASSED 4-0-1 (Tucker absent). 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. 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 Force - Monia 16. Emergency Planning Council - Kohler 17. Congestion Management Agency Advisory Board - Burger/Tucker Councilmember Anderson reported on the ABAG meeting. She noted they discussed demographics. She stated the economist whoSpQke expressed concerned about the welfare of young people going into the job market and the level of jobs becoming lower and lower. She stated she looked at the demographics for Saratoga~ Also discussed at the ABAG meeting was the Regional Government Bill. Councilmember Anderson noted this is changing rapidly .and they are concerned that they will end up with a Bill which was not intended. Councilmember Anderson reported on the Transportation Commission noting City Council Minutes 4 November 3, 1993 they discussed the new Transit Board. She also addressed the rail line proposed for Saratoga-Sunnyvale Road, discussed at the LTA meeting. Councilmember Anderson addressed-a letter she received regarding the railroad and using the Vasona Corridor as a commute route. City Manager Peacock stated this is an adverse environmental impact and total mitigation has been requested. be out of town. Councilmember Monia also stated he will be out of the country at the time of this meeting and suggested November 11, 1993. Councilmember Anderson stated they would better serve Hakone and the City if a full Council was present at this meeting and'it should be rescheduled. After discussion, it was agreed to hold the meeting with Hakone, as scheduled. Vice Mayor Burger reported on the Sister City Committee and noted they discussed the plans for the visitors in November 1994. C. General Council Items 1) Agenda items for adjourned regular meeting November 9: Joint meetings with Parks and Recreation COmmission and Hakone Foundation a) New Operations and Management A ee with g~ merit Makone Foundation b) Parks and Trails Master Plan Priority List for Future Capital Improvements Plan c) Hakone Foundation Business Plan d) Hakone Foundation Loan Agreements e) Hakone Foundation Financial Reports f) Teeter Plan Resolution g) Status of Paul Masson Mountain Winery Councilmember Monia stated he would like to discuss the City's position regarding trail easements and structures built in these easements. He stated the City Council needs to review this and reach a consensus. He noted this should be added to the Parks & Recreation Commission joint meeting. 2) Other Councilmember Monia requested data on the Video taping of the storm drains. Mr. Perlin stated this information was included in the r~port sent to the Water Board in August/September. He noted he will forward a copy to Councilmember Monia. Councilmember Anderson requested staff look into the City of Cupertino's Hillside Ordinance. 8. PUBLIC HEARINGS 8:30 p.m. A. Appeal of design review approval to.install two cellular transmission arrays, consisting of 18 individua~ antennas, on the roof of an existing structure in the commercial Historical (CH) zone district at 14471 Big Basin Way. (Applicant, GTE Mobilnet/Cellular One; Appellant, V. Amezcua)(DR93-029). Staff recommends that the City Council deny the appeal, upholding the Planning Commission's decision. City Council Minutes 5 November 3, 1993 City Manager Peacock stated they had received additional written communication from: Dr. Heller, Brenda Lee Duchesne, ~avid Zaches, Joseph C. Masek, Frank Patten, Robert E. Catalano, Lea Ann Hernandez and Eileen Staats'. - Mr. Paul Curtis, Director of Community Development, prese ted the staff report dated November 3, 1993 noting that this item was reviewed and approved by the Planning Commission on September 22, 1993. Mr. Curtis addressed the initial study as mandated by CEQA for discretionary projects. H~ noted staff concluded that no potentially significant environmental impacts were resultant from this project. He noted the negative declaration for this project was reviewed by the Planning Commission on September 22, 1993. Vice Mayor Burger opened the public hearing at 8:35 p.m. Mr. Amezcua, Appellant, 14110 Shadow Oaks Way, stated in his letter to the Planning Commission and City Council he indicated that they are not opposing the antennas, but appealing that the approval be constrained to some considerations as proposed in his letter. Mr. Amezcua addressed the CEQA guidelines, noting that these guidelines establish responsibility of the City to enforce environmental actions. Mr. Amezcua stated the initial environmental study was done by a consultant hired by GTE and an independent study needs to be done. Mr. Amezcua addressed Dr. Polson's report and noted the ANSI guidelines are for limiting heat stress. He expressed concern about the studies done by GTE and their consultant. He stated he collected 650 signatures from concerned citizens regarding the proposed antennas. In response to Councilmember Kohler's questions, Mr. Amezcua stated this issue is very controversial and the City needs to take protective measures. Mr. Amezcua presented blue prints to the Council, given to him by GTE, to allow him to have his architect draw in the trellis. City Attorney Riback explained a de novo hearing. He stated this is a new hearing from the hearing that took place before the Planning Commission, therefore all aspects of the project which are before the City Council are subject to review by the City Council, regardless of the determination of the Planning Commission. In response to Councilmember Anderson's question, Mr. Amezcua stated his fears have been confirmed that significant portions of the population would be concerned about the antennas near his establishment. Mr. Mike Mangiantini, GTE, Applicant, stated the proposed cellular antenna is necessary because'of the poor cellular service, in Saratoga. He stated customer complaints are high and also the Fire Department uses cellular phones and would be interested in bette~ service for safety. He stated, regarding the safety questions raised, a site specific report was prepared by Dr. Polson which states the facilities would not cause unsafe exposure conditions and there i~ no need for protective shielding. He noted Mr. Amezcua had begun pursuing this trellis idea before this project began. Mr. Mangiantini ~tated this is an application for design review and not a use permit. Mr. Jay Nlsedo, Engineering Manager, Cellular One, presented overheads to the Council outlining the signal strength throughout Saratoga. He stated they do monitor performance statistics throughout the Bay Area and Saratoga is one of the areas they'receive the most complaints. Mr. William F. Hammet stated a regular part of his practice is the calculation, measurement and mitigation of radio frequency exposure conditions. He noted he reviewed the work done by Dr. Polson and also visited the site and made independent calculations. He stated it is his professional opinion that the proposed facility will easily meet the limits on human exposure, established by the American National Standards Institute and adopted by the FCC. Mr. Hammet stated that the energy used in cellular communications is radio frequency. He stated he will answer any questions. City Council Minutes 6 November 3, 1993 In response to Councilmember Kohler's question regarding marginal safety, Mr. Hammet explained the margin of safety addressed in Dr. Polson's report. In response to Councilmember Monia's question, Mr. Hammet stated he does not take issue with Dr. Polson's report, but would not have used the same explanations. He also noted he was hired by GTE and does this type of work'on behalf of various groups. In response to Councilmember Munia's question, Mr. Nisedo stated a test transmitter was set up in this location. Councilmember Monia stated he asked for information, a.t a previous hearing, regarding the number of complaints and has never'received any data. Mr. Mangiantini stated that a resident of Saratoga did submit a letter regarding poor service which was agendized for City Councih discussion. Councilmember Monia stated he would like to see data regarding the number of complaints prior to this hearing. In response to Councilmember Monia's question regarding the blue prints received by Mr. Amezcua, Mr. Mangiantini stated the blue prints are the plans for the cellular site and not for trellis work. In response to Councilmember Burger's question, Mr. Hammet explained the difference between radio frequency and electromagnetic fields. Ms. Kathleen Amezcua, International Coffee Exchange, stated they were interested in providing trellis, but was told by Dr. Polson that the trellis and vegetation would protect customers from 90% of the radiation. She noted since this issue has received such attention, she is no longer convinced they are safe inside the building. Ms. Amezcua noted she works 40 hours a week, 40 ft. from these antennas and this is of concern to her. She noted an environmental impact study needs to be done, independent of GTE. Mr. Scott Schneider, 14361 Springer Ave., stated the notification of this issue was insufficient. He presented a petition t~ the Council for denial of the installation of the antenna system. He noted there have been no studies proving that these antennas are ~afe, long or short term. He noted he is a concerned father and concerned about long term affects. Mr. Schneider addressed Dr. Polson's report regarding the health affects of cellular antennas. He urged the City Council to deny the cellular installation. Ms. Marie Kovacs, 14280 Paul Ave., stated these antennas have a negative effect and the residents are concerned about long term effects. She noted she is opposed to these antennas and expressed concern about the notification of this issue. In response to Councilmember Anderson's question, Mr. Hammet stated RF could not be detected from several hundred feet away. Mr. Don Whetstone, 14768 Vickery Ave., stated in 1991 the Planning Commission and City Council denied a GTE transmitter installation near his office building. Mr. Whetstone addressed order 159 of the Public Utilities Commission and urged the Council to read this. Me stated the order itself was a consequence of the Public UtilityiCommission's finding that there was an immediate need to "require proper environmental review, prior to construction of additional cellular facilities." He stated the present City ordinance should be replaced with a revised ordinance. Mr. Jim Katzman, 19607 Farwell Ave., believes there is a need for improved cellular service in Saratoga. He stated cellular phones have been used for many years. Mr. Katzman stated that many of the complaints are called in as opposed to written and drop calls would be the proof of customer complaints. He stated there are no studies confirming that cellular phone antennas are dangerous. Mr. Katzman City Council Minutes 7 vemb 3, 1993 No er stated that ANSI is a standards committee and are indepehdent experts who worry about safety of the human being. He stated the s dards 50 times safer than the worse case scenario. One service and has complained about the bad service. e traveled all over the world and the street he lives on has the worse cellular service. He noted there is no evidence that wireless systems are dangerous, long or short term. Mr.' Clair addressad FUD (Fear, Uncertainty, Doubt) and believes many people are speaking against cellular systems because of FUD. Mr. Clair stated the~e are safety factors built into the design and the Council should rely on experience and scientific evidence and not FUD. He noted he has children and does not believe there are any harmful effects of the cellular system. He noted it is critical for residents to have access to 911 at all times and the service should.be improved. Mr. Don Miller, 21180 Canyon View Dr., spoke in favor of~the cellular antenna as the service is poor. He noted there is no conclusive evidence that this is dangerous. He added there have been fires in Saratoga over the last few years and the fire departmene needs clear communication. He stated the level of service that exists does not guarantee clear communication. Mr. Frank Patten, 12842 Carniel Ct., stated there is a problem in Saratoga with cellular service. He added there are antennas all over the world and they have been around for many years. He urged the Council to move forward. Mr. Steven Porter, 19730 Lanark Ln., stated that cellular telephone service is important for public safety and the 800-900 ~hz frequency range that is used by cellular service was previously allocated to television transmission. He stated if the Council feel they need to deny the cellular antenna they may want to shut down the transmitters which service the City. Mr. Sami Asfour, Planning Commissioner, 20522 Sevilla Lane, noted the cellular service in Saratoga is very bad. He stated he=has traveled around the world on business and many people use cellular phones and there have been no complaints or health hazards. He stated if people are worried about this they should not use items in their homes. He noted the screening proposed is for aesthetic value. In response to Councilmembe~ Monia's concerns regarding the environmental review, Mr. Riback stated the Mr. Curtis did determine that a categorical exemption would not be used in this~case because there was a reasonable possibility that the activity ~ould have a significant impact on the environment due to the unusual rircumstances present with regards to this application, that is provide for in CEQA i t i r a t studies which resulted in the negative declaration which !is before the City Council and was before the Planning Commission. On[the basis of the initial study it was determined there would not be a significant adverse impact on the environment as a result of th~s particular installation. Ms. Meg Caldwell, Planning Commission, stated it was he~ belief that Mr. Polson was selected by the City staff, but was in fac~ hired by GTE and Cellular One. She noted she did not conclude that any device to shield the antenna would be an eyesore. In response to Councilmember Kohler's question Ms. Caldwell stated it is not unusual for experts to know applicants as they work with them on a regular basis. Councilmember Anderson stated that Dr. Polson was a consultant hired by GTE. Ms. Peggy O'Loughlin, GT[, stated this will not pose eny threat to anyone in Saratoga based of the RF emission' from the~ site. Ms. City council Minutes 8 November 3, 1993 O'Loughlin addressed General Order 159 and stated this o~der talks of environmental review as related to the siting of the facikity focusing on their aesthetic impact to the community. She also~informed the Council that in 1984 the CPUC issued a negative decla~ation to GTE Mobilnet which gave GTE the right to establish cellular facilities. She noted Dr. Polson is an independent scientist and not a~ employee of GTE. She stated under CEQA guidelines, the applicant, in preparing the EIR, can have'its own consultant prepare the EIR. She addled the report is in conformance with CEQA. Mr. Amezcua stated ANSI standards only relate to heat transfer affects. He stated people are concerned because they do not know if these antennas are safe. Mr. Amezcua added that his business will be affected by this antenna. ANDERSON/MONIA MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0-1 (Tucker absent). In response to Councilmember Monia's question, Mr. Nisedo stated' the cellular facility could go about a mile up the hill and still receive service. He also noted that the nearest antennas are at West Gate Mall and Los Altos. In response to Councilmember Monia's question regarding~the cellular site at Lawrence Expressway, Ms. O'Loughlin stated they have not started construction to extend the monopole on this s~te, but this cellular site will not service the village area. In response to Councilmember Anderson's questions regarding Mr. Whetstone's material, City Attorney Riback stated he is familiar with this material. He stated the order is deferring to local agencies, the right to conduct some environmental review on the cellular antenna application. If the local agencies deny the application the applicant has the right to go to the PUC and request a pre-emption. He stated the environmental review is speaking only to aesthetics in Order 159. In response to Councilmember Monia's question regarding a~denial in Los Gatos of a cellular antenna, Mr. Curtis stated the Planning Commission of Los Gatos approved the cellular site and this was appealed to the Town Council and the question was raised about an environmental impact. He noted there is a section in CEQA that says if there is a substantial body of evidence of different opinions an EIR must be prepared. The Council directed an EIR be prepared and sent back to Planning Commission. He stated the Town Council did not certify the EIR and the project died. He stated the reason for not certifying. the EIR was because they did not come to a conclusion that there was enough information to certify the EIR as adequate. Councilmember Anderson addressed the letter from Dr.] Heller who indicated the importance of the cellular phones and that no danger has been proven at this time. She stated the cellular phones emit radiation themselves. She added she is not persuaded that there is a body of evidence that suggests there is a danger. A/qDERSON/KOHLER MOVED TO ACCEPT THE ANTENNA AND DENY THE APPEAL. Councilmember Anderson also noted that she has not heard from other tenants requesting the trellis and cannot make a finding to require the trellis. councilmember Kohler stated he believes that the level of radiation is very low and we live in a society with radiation all around us. He addressed Mr. and Mrs Amezcua's concerns. He stated with the margin of safety stated by the experts, this is a very safe situation. He believes the customers will be exposed to very little radiation. Councilmember Monia stated the issue is the people who live around this cellular antenna every day. He believes that allowing thls antenna is condemning residents nearby to unknown quantities of r~diation. He .I believes the service is not the issue and is not convinced that the levels of radiation being exposed are not dangerous. He ~dded, people city Council Minutes 9 November 3, 1993 who use cellular phones are doing so by choice, but people living around the antenna are being exposed without choice. Councilmember Anderson stated the neighborhood is not Close to this antenna and high tension lines emit more radiation. Vice Mayor Burger stated, regarding notification, the Cit~ exceeds what is legally required by State law. She stated the City didOpost notices at the city offices and there was a notice in the Saratoga News. She added that no-one testifies under oath at the City Council meetings. She stated she will vote in favor of this as there are no health hazards currently known after 30 years of studies. She noted the expert's conclusions are not null and void because of who hired him. She believes that cellular phones are important for public safety and businesses in the community. The above motion was carried. Passed 3-1-1 (Monia No, Tucker absent). B. Ordinance amending Various Sections of Chapter !4 of the City code pertaining to Business Regulations and Bus~ness License Fees (first reading and introduction) city Manager Peacock noted the written communications he eceived after the agenda was posted. Mr Peacock stated he received a memo from the City Attorney regarding SB376. He stated the affect=of this new statute is that the hearing the Council will hold this evening is in fact just the beginning of a process. The process will require that any decisions made by the Council at this hearing are instructions to staff and will be further refined and discussed at a~ information meeting on December 1st. There will be another publi~ hearing on January 5, 1994. He stated following this hearing the City Council can introduce the ordinance as revised and adopt it on January 19, 1994. He stated after discussion with the City Attorney and. the Finance Director, he suggests that the City Council consider adopting a process which would be more efficient, stating that business licenses should run for a year from the day they are acquired. He added this would also be a better cash flow for the City. Mr. Peacock stated this ordinance is the final step in dealing with $1.3 million budget cap. He stated the proposal before the City Council breaks various categories of businesses down and ~ets rates for each category. He added the ordinance is based, primarily on per employee with a basic business fee and a cap of 4500 on most businesses. He stated, based on the information the City has, this would raise approximately $416,000. Councilmember Anderson asked what the projected surplus! is now that Prop. 172 has passed. City Manager Peacock stated the passage of prop 172 will bring approximately $50,000 more in sales tax per year. Councilmember Anderson made minor changes to the draft ordinance. The Council briefly discussed the fee structure. Councilmember Monia stated the State did not take as much money from the City as originally thought and suggested looking at the whole fee structure in order to balance the budget. Councilmember Kohle~ stated the Council should not look at the whole fee structure. He agreed that maybe taxes should be decreased across the board, but they should only discuss business licenses at this time. Councilmember Monia stated there are areas in which people received substantial increases in taxes. Councilmember Anderson stated not all the taxes raised wer! significant and would prefer to look at the business license fee at t~is time. She noted the business community got together and agreed on ~ formula and the Council should listen to them. City Councll Minutes 10 November 3, 1993 Vice Mayor Burger opened the public PLearing at 11:20 a.m. Mr. Preston Wisner, President, Chamber of Commerce, thankad Mr. Peacock for working on this with the community. He stated they recognize the need to raise money and they want to come up with a sch&me that will ., work for all parties concerned. He spoke in favor of l~creasing the base fee, but not substantially. He added the caps should be kept low. Mr. Wisner expressed concern about the fee schedule in th~ staff report and would like to see a simpler process. i " -Mr. Russell Perry, 21846 Via Regina, representing the Saratoga Chamber of Commerce, stated the Chamber supports the two following propositions: 1. Flat fee for all business, not to exceed $125 per year; 2. Flat fee of $100, plus a small fee for each full time employee with a cap, not to exceed $300. Mr. Perry stated the Chamber of Commerce feels that the business license tax is unfairly burdensome upon the businesses in Saratoga and the cost of business will increase and in some cases they will leave Saratoga. He added it is widely felt by businesses that increased taxes do not encourage business, but discourage business in the City and ultimately results in lower tax revenues. He stated the City should look at other alternatives to raise taxes, such as. expansion of the utility user tax. He stated the business tax should bE distributed over all segments of Saratoga. Ms. Kookie Fitzsimmons, 14675 Big Basin Way, President, Saratoga Village Association, stated it is clear that merchants of the village do not want an increase in tax. Ms. Fitzsimmons reviewedi events which have taken place over the last four years which hake negatively affected the businesses in the village area. She noted businesses are struggling and suggested the tax increase be based on the following figures: $100 base fee, $10 for full time equivalent, $300 cap. She urged the City to use their surplus fees to reduce the bus~ness license fee. Councilmember Monia stated his wife owns a business in the village area and asked if he should participate in this discussion. City Attorney Riback stated the fee increase does not reach the threshold level with would require Mr. Monia to abstain.l Mr. Warren Heid, Architect, noted he has Owned a business in Saratoga for 36 years and is concerned about the business license tax. He stated he is here to represent the construction industry. He stated the construction tax is 25% of the fees and believes this is unfair. He stated construction in Saratoga is a major industry.~ He noted he talked with several contractors and they indicated the~ would cease · building or pass the tax increase onto the consumer. ANDERSON MOVED TO ADOPT OPTION 3 AS PROPOSED BY THE BUSINESS OWNERS: $100 BASE FEE, $10 PER EMPLOYEE, $300 CAP AND NO ]CONSTRUCTION SURCHARGE. City Attorney Riback stated the public hearing must be clbsed before a motion can be entertained. Mr. Eric Morley, Los Gatos-Saratoga Board of Realtors, stated the passage of prop. 172 gives the City more money than they previously expected and the business license tax should be reduced. He stated he agrees with Councilmember Anderson's motion. Dr. John Cox, Jacks Rd., stated he was the founding President of the Good Government Group and stated one of the purposes for t~his group was to minimize taxation. He stated the businesses should not be asked to accept the increase in tax and the City must live within their budget. He stated the goal is to promote business and not pehalize it by increasing taxes. Ms. Pat Puder, 19680 Crestbrook Dr., expressed concern about the City Council Minutes ~1 November 3, 1993 proposed increase in business tax and noted it will be a hardship for the businesses in the City. Mr. Larry Proula,'20361 Chalet Lane, stated this tax should be applied to all residents and not just businesses. ANDERSON/KOHLER MOVED TO CLOSE THE PUELIC HEARING. PASSED 4-0-1 (Tucker abseIrt). Vice Mayor Burger stated this'particular tax"increase ~s part-of a package put together by the City Council. ~ CONSTRUCTION ANDERSON/KOHLER MOVED TO ADOPT OPTION 3 AS PROPOSED BY THE BUSINESS OWNERS: $100 BASE FEE, $10 PER EMPLOYEE, $300 CAP AND NO SURCHARGE. ] Councilmember Anderson stated the tax increase has been shared by everyone in the community. Councilmember Monia stated he does not agree with the increased tax to the business area only. He suggested the motion be withdr~awn and staff come back with new figures before approving the motion. The Council discussed the motion and Councilmember Monia stated he would like to see figures before approving this motion. Mr. Peacock stated in order to follow the law, staff must place an advertisement in the paper on November 17, 1993 which specifies the amount of the licenses. City Attorney Riback stated this notice must go to the newspaper by the 10th in order to be posted on the 17th. He stated if they miss the deadline, the public hearing is also postponed for two weeks. ~ Councilmember Kohler stated if the Council agree with t~e figures in the motion, he would suggest a floating cap to meet the specific amount of money the Council agree upon. Councilmember Kohler suggested the following amendment t0 the motion: $100 base fee, $10 per employee, No construction tax, and a floating cap in order to yield $277,000. Mr. Peacock stated he would like some instruction from the City Council on a number of categories of businesses for licenses based on a business unit. Councilmember Monia stated the CoUncil should give broader direction to staff. The above motion and amendment died. Denied 2-2-1 (Burger, Monia No, Tucker absent). MONIA/BURGER MOVED TO DIRECT STAFF TO REDUCE THE BUSINESS TAX USING A SIMILAR MODEL TO #3, AS PROPOSED BY THE BUSINESS COMMUNITY, WITH REMOVAL OF THE CONSTRUCTION SURCHARGE AND REDUCE THOSE FIGURES TO A LEVEL AND COME BACK WITH-A PERFORMANCE BALANCED BUDGET, TO EE REVIEWED AT THE COUNCIL'S NEXT MEETING. PASSED 4-0-1 (Tucker absent). Councilmember Monia stated the Council needs to distuss the 50% reserves. C. Ordinance Adding Article 7-45 to the City ~ode relating to Commercial Property Maintenance (first reading and introduction) Staff recommends that the City Council introduce the ordinance as revised by title only, waiving further reading. City Manager Peacock presented the staff report dated November 3, 1993 and noted following the meeting with the Ad Hoc Committee a number of changes to the ordinance were proposed and submittedto the City Attorney for redraft. He added the Public Works Director suggested city Council Minutes 12 November 3, 1993 putting another purpose statement in the ordinance relating to commercial property and also make additional changes to the ordinance that would relate to activities which end up impacting the City's storm drain system. Vice Mayor Burger opened the public hearing at 12:25 p.mL Vice Mayor BuTger closed the public hearing at 12:25 p.m! ANDERSON/MONIA MOVED TO CLOSE THE PUBLIC HEARING. PASSED ~-0-1 (Tucker absent). MONIA/KOHLER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING TO INCLUDE THE NON POINT SOURCE REGULATIONS. City Attorney Riback stated the types of changes refer to the accumulation of dirt, sand gravel, etc, and he would add "which could potentially be discharged into the storm drain system". He stated this change will be made throughout the ordinance. The above motion, with the City Attorney,s proposed ~wording, was carried. Passed 4-0-1 (Tucker absent). D. Adoption of Open Space Element of the General Plan with the associated Negative Declaration (GPA-93-001)(continued from September 1) Staff recommends that the City Council take no action;[ continue to November 17. City Manager Peacock stated he instructed staff to put so~e language in the open space element which relates to boundary agreements with the other cities and seeking cooperative agreement with the Cbunty as well as limiting the future sphere of influence expansion to t~e first major ridgeline as defined. 10.. ADJOURNMENT at 12:30 p.m. to next meeting on Tuesday,] November 9, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Roblllard Minutes Clerk