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CC 09-08-92 · CI1Y OF CUPERTINO, STA IE OF CALIFORNIA 10300 TORRE AVENUE, CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 8, 1992, COUNCIL CHAMBER, CITY HALL. 10300 TORRS AVENUE, CUPERTINO, CAUFORNIA roM3 CALL TO ORDER Mayor Sorensen called the meeting to order at 6:45 p.m. in Council Chamber PLEDGE OF ALLEGIANCE ROLLCALL Counc. Present: Dean, Goldman, Koppel Szabo, Mayor Sorensen Staff Present: City Manager Brown Deputy City Clerk Wolfe Director of Public Works Viskovich Assistant to the City Manager Brown Director of Community Development Cowan Director of Finance Snyder Director of Parks and Recreation Dowling Public Information Officer Krey City Attorney Kilian CEREMONIAL MATTERS - PRESENTATIONS Proclamation declaring September 14-19, 1992 as California Ridesharc Week and encouraging participation in the Community Walk on September 17. Mayor Sorensen presented the proclamation to Colleen McCarthy from the Beat the RA..Jnlp Committee. Ms McCarthy thanked Council and staff for the leadership they had provided during the Beat the Backup campaign. Floyd Meyer stated that technology has been developed to measure emissions. We nee.) to use that technology and cite those 10"10 of the cars on the road who produce 90% of the emissions. POSTPONEMENTS The request for continuance of Item 23 was withdrawn. ORAL COMMUNICATIONS M1NUTE.S OF TIm SmE.MER t. \<m.1lF.G\JU.R. CI't'Y COUNCR. MF.F:ttNG (cc.U!) Floyd Meyer stated that he had received a letter from ColIne. Szabo in regard to the "s1eepinl giant." Mr. Meyer said he hopes the theory is a piece of popp)'QOCk. The commandin¡ officer of a ship is responsible for the safety of his crew. Mr, Meyer wanta Council to make OlD' leaden in Washington aware so that we're not surprised. He asked if other Council members' poaitiODl were the same as Mr. Szabo's. Mayor Sorensen replied that no action could be taken b--'- the matter was not on the agenda. Mr. Meyer asked how he could get it on the agenda, and - informed that it was not Council business. Ms. Noonan, a resident who had just moved to Cupertino, said she would like to be able to poet signs for a garage sale. Assistant to the City Manager Brown informed her that the sign ordinance is being reviewed. Director of Community Development Cowan said that Ms. Noonan should call him. Mayor Sorensen announced the memorial service for Nancy Hertert. There will be a I~on and fund-raiser for a memorial on September 27. CONSENT CALENDAR Mayor Sorensen removed Item 9 and Floyd Meyer removed Item 1 S. It was moved by Counc. Szabo, sec:onded by Counc. Goldman and passed unanimously to approve the balance of the Consent Calendar as submitted. 1. Approval of minutes of the regular meeting of August 17, 1992 (CC-842). 2. Approval of minutes of the adjourned regular meeting of August 18. 1992 (CC-842A). 3. Request for waiver of business license fee: (a) United Communities for Humsn Rights; (b) Citizen Action Fund. 4. Resolution No. 8730: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Eneling August 14, 1992." S. Resolution No. 8731: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending August 21, 1992." 6. Resolution No. 8732: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payabl.. in the Amounts and From the Funds as 2 · --.,~~~.n".~, "":"'~J~~ '~...,.,.,."""'~-'- MINUTES OF THE SEPTEMER II, 1992, REGUlAR CllY COUNCIL MEh-nNG (CC-II4J) Hereinafter Delçribed for General and Miscellaneous Expenditures for the Period Rndi"S August 28, 1992." 7. Resolution No. 8733: "A Resolution of the City Council of the City of CupatiDo Allowing Certain Claims and Demands Payable in the Amounts and From the FuøcIa . Hereinafter Described for Salaries and Wages for the Payroll Period Ending Aupt 13, 1992." 8. Resolution No. 8734: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Fundi . Hereinafter Delçribed for Salaries and Wages for !he Payroll Period Ending August 23. 1992." 9. Removed. 10. Acceptance of donation of five computers from Apple Computer, Inc. to the Senior Center. 11. Resolution No. 8736: "A Resolution of the City Council of the City of Cupertino Approving Destruction of Certain Records (Finance Department). " 12. Resolution No. 8737: "A Resolution of the City Council of the City of Cupertino Authorizing Fuel Efficient Traffic Signal Management Program Grant Application. " 13. Resolution No. 8738: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Wakr Rights &om Daryousb Marbamat and Manijeb Assadi Marbamat, 10224 Peninsula Avenue." 14. Resolution No. 8739: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Non-Exclusive Easement for Emergency Vebicle Access &om Cupertino Gateway Partners, a California General Partnersbip, Located Over Private Property Extending from Mariani Avenue to Merritt Drive." I S. Removed. 16. Acceptance of municipal improvements: (a) Forum Project--Cristo ReylFoothill Boulevard (b) Bruce Irwin/Carl Zanger--20S80110596 KilWin Lane (c) Pui Lam Tsang--20100 Stevens Creek Boulevard 17. Application for Alcoholic Beverage Control license: a) Goodwill Szechuan Chinese Restaurant, 10635 South Foothill Boulevard; b) ltalo's Pizza #4,20956 Homestead Road, 3 ~,," . MINUTES Of THE SBl'THMER I, 1m, REûVIAR CI1Y COUNCU. MEBTlNG (roI43) Unit H. 18. Resolution No. 8741: "A Resolution of the City Council of the City of Cupertino ~. Date for Consideration of Annexing Arœ Designated 'Hermosa Avenue 92-06', PI~~ Located on the South Side of Hennosa Avenue Between Byrne Avenue and Ormse Avenue; Approximately 0.166 Ac:re, Fielder (APN 357-16-050).· 19. Monthly Budget Update and Treasurer's Report, July, 1992. 20. Approval of infonnal process for Human Services funding program. 21. Resolution No. 8742: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Cost Sharing Agreement Between the Cities of Campbell. Cupertino, Los Altos, Milpitas, Monte Sereno, Mountain View, Palo Alto, Santa CIarø, Saratoga and Sunnyvale and the Towns of Los Altos Hills and Los Gatos to Retain LepI Counsel. " AYES: NOES: ABSENT: ABSTAIN: Members 2f~!J1I Council Dean, Goldman. Koppel, Szabo, Sorensen None None None ~ ITEMS REMOVED FROM CONSENT CALENDAR 9. Resolution No. 8735: "A Resolution of the City Council of the City of Cupertino Setting October 5 as the Date for a Public Hearing to Consider an Increase in the Business License Tax." The item was moved to the end of the agenda for discussion with the documentary transfer tax item. 15. Resolution No. 8740: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Third Amendment to Agreement for Countywide Household Hazardous Waste Collection. " Floyd Meyer said that he had some floor covering to dispose of and asked about disposal of hazardous materials. Mr. Viskovich informed him of the County hazardous material pickup program. It was moved by Counc. Szabo, seconded by Counc. Goldman and passed unanimously to adopt 4 · , .~, ,,,.....,'",...,.,,.,._."., "'y "".._~. ~" ... ._, v, "_>",,,,"~~~"" MINUI'ES OF THE SEYfEMER I, 1992. REGULAR CI1Y COUNCIL MEETING (CC-143) þ Resolution No. 8740. PUBUC HEARINGS 22. AweaI of Architectural and Site Approval Committee decision regarding Application No. 22-ASAC-92, Symantec Corporation; signs IOCA.M at the northwest comer of Torre Avenue and Rodrigues Avenue and the east side of DeAnza Boulevard, approximately 210 feet north of Rodrigues Avenue, (Philip Gordon Wise, Matrix Design Group, appellant). Director of Community Development Cowan presented the staff report. He said that since this is in a PD zone it is not unusual to deviate from the ordinance. Also, it is not unusual for a site this size to have four signs. Counc. Szabo asked about the timetable for completion of the review of the sign ordinance. Mr. Cowan said they are shooting for December. Counc. Goldman asked how often the application had been to ASAC and did the applicant follow the direction given there. He was told it had been before them twice and the applicant did not follow the direction given, ~ Philip Gordon Wire, principal for Matrix Design Group, said that the Facilities Director for Symantec was present to answer questions. Mr. Wire said he wanted to clarify the reason for the appeal. When they were at ASAC the last time they received approval with conditions. Bec...q; of the timing of getting on the Council agenda they were advised to file an appeal and meet with Symantec. He said the portion of the appeal dealing with the overall height of the sign (condition 10) can be disregarded; the client is satisfied with the 6 ft. height Mr. Wire said that the holes in the sign would also be removed per Condition 11. The portion of the appeal remaining to be considered is the two-sided sign. It is Symantec's opinion that they need the sign oriented as requested for maximum exposure. The feel they have made many concessions as a compromise. He commented that the City Center sign is on the same orientation but has better exposure because of the location. Fredrique Lavios, member of the Architectural and Site Approval Committee, said that the application had been before ASAC three time. It was the same proposal each time. The Committee tried to work with Symantec. She said the sign is actually 8 ft. in height bee........ it's on a 2 ft. benn. The Committee had allowed four signs, but they feel strongly about the two- sided sign. When asked by Counc. Dean why the oblong and circle bother them, Ms. Lavi08 said because it's advertising. The apple for Apple Computer doesn't represent a computer, but the disk is Symantec's product. The orientation of the sign is now the only issue. Mr. Wire answered questions from Council. He said the smaller signs indicate entrances to the parking lot and are not primary signs. The monument sign serves as identification. I 5 -....~-'~."':.~~:.;:-.,.,. MINUTES Of TIlE sEPTEMER S, 1992, REGULAR CJ1Y COUNCIL MEETING (CC-143) Wayland Lim, member of ASAC but speaking as a Cupertino resident, said that Symanteo - his former employer. He wished to address two issues, first of all design, the ReasOIi the lip was COIIIidered as "statuary" is that there were no other signs in the City where the sip lçyo æmts what the business does. Mr. Lim said that ASAC felt the sip is not in keeping with the residential neighborhood or the sign ordinance. It is also not in keeping with the c:omJlØllY'I marketing - they don't use the floppy disk as a marketing icon. Mr. Lim said he thinks the sign looks better as is than a two-sided sign would. He felt there is no need for a two-sided sign. Counc. Koppel said she had no problem with the two sided sign. but asked about the color. Council members were shown a sample of the color. Mr. Wire said the image of a floppy disk is credible. Mayor Sorensen closed the public hearing. It was moved by Counc. Koppel, seconded by Counc. Goldman and pasted with Mayor Sorensen dissenting to approve the agreement with Symantec regarding the height of the lip (Condition 10) and removal of holes from the sign (Condition II) and to uphold the appeal of Condition 12 regarding orientation of the sign at the comer of Torre and Rodrigues and the number of signs. Counc. Goldman said the review of the sign ordinance should address number and height of signs, but the City shouldn't be telling businesses how to market their products. Mr. Cowan said the work program of the sign ordinance review committee had been approved by Council. The question of statuary can be added to the list of items to be considered. City Manager Brown said he was concerned that we are tIying to sanitize everything to a common denominator. He said he liked the idea of a company being able to identify themselves the way they want to. We are leaving no room for individuality. Mr. Cowan asked if the sign as represented tonight is OK. Counc. Dean asked if they can come back with the original application. It was moved by Counc. Goldman, seconded by Counc. Dean to reconsider allowing either the sign as submitted tonight or the original design with the circle and oblong holes, providing all other conditions remain the same, The motion was passed with Counc. Koppel and Mayor Sorensen dissenting. Mr. Wire said Symantec wasn't enthusiastic about removing the holes. Counc. Goldman moved to give Symantec the option of either the design they submitted this 6 MINUTES OF THE SEPTEMER 8, 1992, REGULAR C1lY COUNCIL MEETING (CC-U3) evening or the one they submitted to ASAC. The motion was defeated with Council members Sorensen, Szabo and Koppel dissenting. Mr. Wire stated that he had addressed the California American Institute of An:hitccls on tho subject of citizen review committees and the power they have in the community. He said they arc only as good as the people on the committees and Council should review their qualifications carefully. 23. Appeal of Planning Commission conditions of approval for Application No. 3-U-92 (modified) - 10021 South Blaney Avenue. Cali-Land Associates has appealed conditions placed on use of roll-up doors and involving adjacent parcels that arc not a subject of the pennit or amendment request. (Continued from August 17, 1992.) Director of Community Development Cowan summarized the staff report and revicwed the chronology of the appeal. Gary Schmidt representing Cali-Land Associates stated that the tenant is aware that he must maintain produce at 49"10 or less or the total floor area He said the tenant was upset because of the letter; he believes he is in compliance with the 49% requirement. The plan has incorrect information. It was a working plan. Mr. Schmidt read from staff comments for the March 9 Planning Commission meeting. He said he is thoroughly confused. He referred to the plan and said there were inaccuracies. This is not the plan identified in the 1988 use permit. He said Cali-Land feels that conditions placed on the use penn it granted by Council on March 16 are reasonable. He said we should only be talking about the Blaney Center parcel. They are willing to improve the paving and provide 29 spøces on the paving. Mr. Schmidt said that the City's Public Works deparbnent told them to put gravel over the paving. Mr. Cowan said there must be access and the gravel must be removed. Counc. Szabo said ordinances require paved parking and access so there doesn't need to be a condition tö that effect. Mr, Schmidt said that people have been parking on the dirt since 1952. He asked for the City Attorney's opinion on the ability to enforce. City Attorney Kilian said the City's ordinance relating to paving of parking lots is not a planning requirement but a health and safety requirement and as such regardless of how long someone has parked in the dirt has no bearing on whether a City can by its police power prohibit it to continue. The owner doesn't have to allow parking there or the city can prohibit it. It can't require the owner to pave it but can under the ordinance prohibit the owner from using it as a 7 MIN\J1"ES OF THE SEPTEMER S. 1992., REGULAR CITY COUNCIL MEE11NG (CC-U3) þ parlcing pIau based upon health and safety. Mr. Schmidt showed how access and parking could be provided as originally poposed. Counc. Goldman asked about repairing the pavement and access. Mr. Schmidt said that part of the 1988 use penn it included building. It is their position that they have a use pennit approved on March 16 with conditions identified, not all of which they have met with but are in the process of doing. Basically the have met all but the condition calling for a single garbage enclosure for the whole center. They are working on thai. Mr. Schmidt described the proposed plan for the center as approved in the use pennit. He said he felt the conditions placed on the amendment are invalid. improper and probably illegal. He said they are willing to repair the paved area where required on the Blaney Center parking lot in order to activate the use pennit for produce store and are willing to discuss some compromises. Mr. Cowan summarized staffs position. He said the original use penn it tied the three JXoperties together. A condition of approval of the produce store ties them together. He reemphasized the condition regarding reciprocal access. He said they can't be looked at as three separate properties as all are tied together as far a parking and reciproca1 access. Paul Goodley, a neighbor of the project, said that in hearing the discussion a lot of thingJ fall between the cracks. The biggest issue is that the parking area is grossly under numbered and that was probably missed by staff and that staff was mislead. Also understated is the condition of the parking lot. It is hard packed dirt. The fence is a contribution to eliminating cars stirring up dust. There are a number of code violations which City is on top of. There are plocedura1 thingJ that could help if staff had all the infonnation. He was happy the City was following through. The improved parking lot would help Mr. Schmidt. Mayor Sorensen closed the public hearing. It was moved by Coone. Szabo and seconded by Counc. Koppel to deny the appeal. Mr. Kilian answered questions about enforcement of the ordinance. He said there are four options: 1. Consider revocation of the master use penn it for the whole site for violation of the ordinance and non-conformance with a condition. 2. Civil action to require the condition; this may not be appropriate. 3. Criminal prosecution. 4. Injunctive relief that would be sought by the City would be to either pave the parking lot or not use it. Counc. Goldman said he feels we would be penalizing a businessman who is doing business in the center. If the parlcing lot should be paved and it was a condition of the master use pennit we should a hold revocation hearing and uphold the appeal but take steps to get parking lot paved. Mr. Cowan stated that the requirement for parking is linked to the actual produce store itself, not 8 MINlITES OF THE SEPTEMER 8. 1992. REGUI..AR CITY COUNCll. MEETING (CC-843) just the roll up doors. The motion was passed 4-1 with Counc. Dean dissenting. Mr. Kilian said that use pennit was granted. However, the condition is that the parking lot within the use permit an:a be paved together with ingress and egress. Mr. Cowan said the person can operate the store as a non-conforming use. Counc. Goldman asked how do we get the parking lot paved? Mr. Cowan said staff needed to research what was going on prior to the request for tho use pennit for tho produce store. City Manager Brown said there an: two separate issues: 1. To gain compliance on the use pennit he has to take can: of parking indicated on the plan and then he can operate the produce store. 2. Enforcement of standing ordinance. His advice was to pursue the ordinance and see what actions would come out of that. 24. Application 2-Z-92 - City of Cupertino - Rezoning of .23 acre from undetermined designation to Public Buildings (BA) Zone; located on the east side of Franco Caurt. approximately 150 ft. south of Homestead Road. Environmental Determination: Tho Planning Commission recommends the granting of a Negative Declaration. Recommended for approval. (a) First reading of Ordinance No. 1602: -An Ordinance of the City Council of the City of Cupertino Amending Section I of Ordinance No.2 by Rezoning Approximately .23 acre from Undetermined Designation to BA Zone; Located on the East Side of Franco Court, Approximately ISO ft. South of Homestead Road - Application 2-Z-92 - City ofCupertino.- Director of Community Development Cowan presented a staff report. As there was no one present who wished to speak, Mayor Sorensen closed the public hearing. It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to grant a Negative Declaration. It was moved by Counc. Koppel, seconded by Coonc. Goldman and passed unanimously to approve Application 2-Z-92 per Planning Commission Resolution No. 4414. It was moved by Counc. Koppel, seconded by Conc. Goldman and passed unanimously to read Ordinance No. 1602 by title only and the Deputy City Clerk's reading to constitute the first 9 "."'-':''''''',::'Y'~~~;}-?îi~''''-- - ..' MINUTES OF THE SEPTEMER I, 1992, REGULAR CITY COUNCIL MEETING (cc.143) reading thereof. 25. Appeal of ltaff decision regarding payment of park and storm drain fees filed by Willi8m M. McGuire, 22315 Regnart Road. Director of Public Works Viskovich presented the staff report. It was announced that the appellant was not present City Attorney Kilian stated the opinion that ~taff þOSitiOll could be upheld It was moved by Counc. Szabo, seconded by Counc. Koppel and passed unanimously to deny the appeal. PLANNING APPLICATIONS 26. Application No. S-U-92 - American Learning Corporation - Use Pennit to operate a learning center in an existing shopping center. The property is located at 20375 Stevens Creek Boulevard. Et:,·irOllmental Determination: Categorically Exempt. Recommended for approval. Director of Community Development Cowan presented the staff report. It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to approve Application S-U-92 per Planning Commission Resolution No. 4418. ARCHITECTURAL AND SITE APPROVAL COMMI'ITEE APPLICATIONS 27. None. UNFINISHED BUSINESS 28. NOlIe. NEW BUSINESS 29. Setting public hearing to consider increase in Documentary Transfer Tax. (Closed session requested. ) (a) Resolution No. 8743: "A Resolution of the City Council of the City of Cupertino Setting October 5 as the Date for a Pablic Hearing to Consider an Increase in the Documentary Transfer Tax." 10 MINUfES OF THE SEPTEMER I, 1992, REGULAR CITY COUNCIL MEETING (CC-U~) The item will be considered out of order at the end of the meeting. 30. Consideration of refunding Certificates of Pluticipation issued lince 1986. (a> Resolution No. 8744: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement Between the City of Cupertino and Jona. Hall, Hitt and White for Special Legal Counsel Services in Connection with Certificates of Participation. " (b> Resolution No. 8747: "A Resolution of the City Council of the City of Cupertino Approving, Authorizing, and Directing Execution of Certain Lease Financing Documents, Approving the Form and Authorizing Distribution of a Preliminary Official Statement, in Connection With the Offering and Sale of Certificates of Participation Relating Thereto, Approving a Purchase Agreement and Authorizing and Directing Certain Actions With Respect Thereto." It was moved by Coone. Goldman, seconded by Coone. Koppel and passed unanimously to adopt Resolution No. 8744. It was moved by Coune. Goldman, seconded by Coone. Koppel and passed unanimously to adopt Resolution No. 8747. 31. Consideration of amendment to Cupertino Municipal Code Section 15.12, Adjustment of Utility Bills. (a> First reading of Ordinance No. 1604: "An Ordinance of the City Cooncil of the City of Cupertino Amending Chapter 15.12, Waterworks System-Regulations and Enforcement, of the Cupertino Municipal Code. . Director of Finance Snyder stated tl1at the proposed amendment would permit staff to adjust water bitts when customers have excessive water consumption due to water loss by an \II11UItUJ'aI cause. It was moved by Coone. Szabo, seconded by COImc. Goldman and passed unanimously to approve the amendment It was moved by Coone. Koppel, seconded by Coone. Goldman and passed unanimously to read Ordinance No. 1604 by title only and the Deputy City Clelk's reading to constitute the first reading thereof. 32. Consideration ofsaJe oflots - Seven Springs - Lots 187, 188, 189 and 194 - Stauffer Lane and Dorothy Anne Way. II MINUTES OF THE SEPTEMER I, 1992, REGULAR C11Y COUNCIL MEETING (roW) <a) Resolution No. 8745: "A Resolution of the City Council of the City of CupertiDo Declaring Its Intention to Sell Surplus Real Plopcrty." Director of Public Works Viskovich presented the staff report. He stated that the funds from the sale would go to the Park Dedication Fund. In answer to questions from Council, Mr. Cowan stated that the lacs cannot be further divided. It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to adopt Resolution No. 8745. 33. Resolution No. 8746: "A Resolution of the City Council of the City of Cupertino Providing Matching Funds for Project Programmed in the Suñace ïransportation Program (STP) DeAnza BoulevardIRoute 280 Bridge Widening, Saratoga-Sunnyvale Road Traffic Signal Interconnect " Director of Public Works Viskovich presented staff's recommendation. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to adopt Resolution No. 8746. 34. Consideration of amending Chapter I \.24 of the Cupertino Municipal Code, parking on Cristo Rey Drive. <a) First reading of Ordinance No. 1605: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24 of the Cupertino Municipal Code, Relating to Establishment of Parking Prohibition on Cristo Rey Drive. Between the Easterly City Limits to the Northwesterly Terminus." Following staff recommendation presented by Director of Public Works Viskovich, it was moved by Counc. Goldman, seconded by Counc. Dean and passed unanimously to approve the proposed amendment It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to read Ordinance No. 1605 by title only and the Deputy City Clerk's reading to constitute the first reading thereof. WRITTEN COMMUNICATIONS 35. None. ORDINANCES 12 MINUTES OF THE sE1'1'£),Œ~ I. \9I».1Œ0\JlA\\. C11"l COUNCIL MF.ImNO (cc..U~) þ 36. Second reading and enactment of Ordinance No. 160\: . An Ordinance of the City Counc:iI of the City of Cupertino Adding Tide 19, Zoning, to the Cupertino Municipal Code. and Rescinding Previous Zoning Ordinances.· Nancy Burnett representing CURB said they agree that the decision making process needs to be streamlined. Regarding the six month testing period, Ms. Burnett said the next six months win not be ayptopriate beçau-e we don't have a General plan approved, we're in a recession and there will likely be fewer appIiœtions for variances, use pennits, etc. She was also concerned with the notification process. People complain about not receiving notification of impending actions. Protection of residents is very important Some things should be plaçed at higher level at a staff decision making level. How are thinp that are decided by staff receiving notice? We need a process so the public can know about staff decisions on property that they are interested in. Mr. Cowan stated that notification of staff actions go to tile Planning Commission and City Council. His review would be limited and typically involve very few people and probably would not involve big neighborhood projects. They would be notified the same way Commission notifies - the 300 ft. list in the mail. Meetings would be at 5:00 p.m. Ms. Burnett cited commen:ial zone dry cleaning decisions as a an example of the failure of the notification process. Mr. Cowan stated that the air quality aspects and hazardous waste disposal &r. not controlled by the City. Council might want to deregulate when we review the general commen:ial zoning ordinance. In answer to a questions about Councirs ability to enforce, City Attorney Kilian answered that they may be co-equal jurisdictions, but if we rely on the other agency we give up jurisdiction in that area. It was moved by Counc. Koppel, seconded by Counc. Dean and passed unanimously to read Ordinance No. 1601 by tide only and the Deputy City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to enact Ordinance No. 1601. RESOLUTIONS 37. None. STAFF REPORTS 38. Oral reports by staff members. \3 MINUTES OF THE SE1'1'EMER a. 1992. REGUlAR CITY COUNClt M£tmNG (CC.U~) Dircc:tor of Finance Snyder reported the General Fund balance on June 30, 1992 and prcaentecl c statement of revenues, expenditures and changes to fund balances based on actua1 revenues ad expenditures. He stated that for the first time since he has been with the City revenues bas fallen short of his estimate. He said he would return with an analysis when the financial report is completed. City Manager Brown reported that the Quackenbush bill had passed and thought the City would want to appeal. Mr. Snyder reported on the effects of the state budget on Cupertino. Mr. Snyder estimated the loss of sales tax at just over S 1 million over the next five years. He said that staff would like to bring City Council up to date on the budget situation quarterly. By consensus, Council set November 2 as the date for the filSt quarterly update. 39. Report on status of property located at 22801 San Juan Road. Lotus Development and Construction. No Council action was nec:essary on this item. Loretta Paviso Stegan representing the Paviso family, owners of the property at 22820 San Juan Road, read a statement into the record stating conditions she believed should be imposed prior to issuance of grading/retaining wall pennits for the Lotus Dev. project She said this is a very complex matter and affects 13 property owners and 25 acres. She said she feels the P'~rty should be developed in a responsible manner with strict adherence to the Municipal Code. Ms. Stegan said that the developer had never come to them. She said staff has been very responsive. 9. Resoluti",n No. 8735: "A Resolution of the City Council of the City of Cupertino Setting October 5 as the Date for a Public Hearing to Consider an Increase in the Business License Tax. " 29. Setting public hearing to consider increase in Documentary Transfer Tax. (Closed session requested. ) (a) Resolution No. 8743: "A Resolution of the City Council of the City of Cupertino Setting October 5 as the Date for a Public Hearing to Consider an Increase in the Documentary Transfer Tax." At 9:23 p.m., Council adjourned to a closed session pursuant to Government Code Section 54956.9(b)(I). At 9:50 p.m., Council reconvened in open session. 14 MlNlTI'ES OF THE SEPTEMER S, 1992, REGULAR CI1Y COUNCD.. MEETING (roW) City Manager Brown stated that we cannot sustain the "'CIr cutII if we don't enhance our revenue base. Council has liken the action of adding to tile utility tax and incrasing recrellioo fees. Street sweeping COI1s have been øppIied to non-poiøt soun:e instead of the 0eneraI Fund. Staff is asking Council to set public bearings for two additiona1 revenue sources, increasing the documentary transfer and business license taxes. It was moved by COIInc. 87""", sec:onded by Counc. Goldman and pasœ 4-1 with Counc. Koppel dissenting to adopt Resolution No. 8743. It was moved by Counc. Szabo, seconded by Counc. Goldman and paled 4-1 with Counc. Koppel dissenting to adopt Resolution No. 8735. City Manager Brown reported on the status of legislation. Staff bas urged the Governor's veto of SB 1559 affecting booking fees and SB 1977 regarding notices for general tax and ISlessments. He stated that the negative parts of the Brown Act will have been removed At 10:04 p.m., the meeting was adjourned to Thursday. September 17,1992, 7:30 p,m.. ;¿~ --U '-'I' - 15