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CC 10-19-92 ·:.. . CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 TORRE AVENUE. CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MlNUTES OF THE REGULAR MtiluUtlGOFTHB CITY COUNCIL RRI n ON OCTOBER 19, 1992,COUNClLCHAMBBR,ClTYHALL, I0300TORRB AVENUE, CUPERTINO, CALIFORNIA CC846 CAlL TO ORDER Mayor Sorensen called the meeting to order at 6:45 p.m. in Council Cbmtber PLEDGE OF ALLEGIANCE ROLL CALL Counc. Present Dean, Goldman. Mayor Sonmen Counc. Absent Koppel, Szabo þ Staff Present City Manager Brown Deputy City Clerk Wolfe Director of Public Worb Viskovicb Assistant to the City Manager Brown Director of Community Development Cowin Director of Finance Snyder Director ofParb Ind RcueatiOll Dowling Public InformatiOll Officer Krey City Attorney Kililn CEREMONIAL MATI'ERS - PRESENTATIONS Kathy Nellis accepted the procJamatjOll declaring October 24 - November I as Red Ribbon week. Floyd Meyer asked how 1000g this had been gong on. He said red ribbona WOII't deter drug use. The dealers might laugh themselves to death. He said he wished Council would take a look at the "teaß of gold" P"~a4J. In it, the community unites.. People come together to defend their rights. The way to nm crime off the streets is the certainty of punishment, not the severity. POSTPONEMENTS ~ MINUTES OF TIlE OCTOBER 19, 1992. REGULAR Cf1Y COUNCIL MEETING (00146) It was moved by Counc. Goldman. seconded by Counc. Dean and plllsed unanimously to ccntinue Items 22 and 37 to the meeting of November 2. ORAL COMMUNICATIONS James Portocarrero, 7695 Orange Blossom Drive, spoke about the storm drain service charge. He said he was here to prevent the passing of a new tax. Mayor Sorenseo reminded him that this portion of the meeting was for non-agenda items. Mr. Portocam:ro said he had no objectioo to paying the char¡e for environmental purposes. What he did not agree with and was protesting is that it was made into '1 lien to be included on the IIoperty tax even though it was already collected by Los Altos Garbage Co. He said he di!eS not want to have a cloud against his IIoperty. The City Attorney Iuid indicated that there are 15,000 parcels and only 40 people protested so it tIleR was no majority protest Floyd Meyer said that baving the fee collected by the assessor cost the City less money than having LAGCO do it He then said t:Iat the Jazz Cafe had been forced out of business by the City's machinations. It happened after the City Manager's daughter was fired. He said he bas not been able to aet documents pertaining to the matter. He said that Judge O'Grady is equally mean to everybody. Mr. Meyer said that the woman affected was a single mother worting w support her family. He said he can't find out how there came to be a $S7S bill for City staff. He said he had heard that tIleR is a péOpu>al that when people are denied a permit and go before Council. they will be charged $25. He said he was only bllkiqg to Council about this ~n~ he could not get on the agenda. City Manager Brown said that his daughter's employment was terminated after the problem occurred with the signage. Counc. Goldman said it is not the American way to make a public accusation against a public official unless you have proof. If the issue is getting information, Mr. Meyer should wait until he bas the infQl1Datioo before making the accusation. Mr. Meyer said the City has withheld 6o.:ts CONSENT CALENDAR It was moved by Counc. Goldman. seconded by Counc. Dean and passed unanimously to approve the Consent Calendar with the exception of Items 10 and II which had been removed from the agenda. I. Monthly Activity Report. September, 1992. 2 MINUTES OF TIlE OCTOBER 19, 1992, REGULAR CIlY COUNcn. MEETING (rol46) Þ 2. ResolutiOll No. 8780: -A ResolutiOll of the City Council of the City ofCupcrtino AcceptiDg a Grant of E_<ent for Overland Storm Drain Pwposcs from auu...n Properties, A California Limited Partnership Located 011 Charsan Lane. - 3. AppliCllion 3~ASAC-92 - Bank of America - Requesting review and approval to install three new automatic tcUer machines at an existing bank located on the south side of Stevens Creek Boulevard approximately 200 ft. west of Finch Avenue. Recommended for approval. 4. Resolution No. 8712: -A ResolutiOll of the City Council of the City of Cupertino Approving the Final Map and Improvement PI811S of Tract No. 8352 Located on Cbanan Lane; Developer, Cbanan Development, Inc.- 5. ResolutiOll No. 8713: -A ResolutiOll 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 October 2, 1992.- 6. Resolution No. 8714: - A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Þ funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending October 9, 1992.- 7. Resolution No. 8715: -A ResolutiOll 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 Salaries and Wages for the Payroll Period Ending October 4, 1992.- 8. Approval of minutes of adjourned regular City Council meeting of September 3, 1992 (CC-842C). 9. Approval of minutes of regular City Council meeting of September 8, 1992 (CC- 843). 10. Approval of minutes of adjowned regular City Council meeting of September 17, 1992 (CC-843A). (Removed from agenda; will be considered on November 2, 1992. ) 11. Approval of minutes of regular City Council meeting of September 21 (CC-844). (Removed from agenda; will be considered 011 November 2, 1992.) 12. Approval of minutes of adjowned regular City Council meeting of October I, Þ 1992 (CC-844A). 3 t þ .. MINUTES OP TIm OCTOBER 19, 1992, REOULAR CflY COUNCIL MEE11NO (CC-146) 13. Resolution No. 8776: wA Resolution of the City CouIIci1 of the City ofCupertiDo Approvins Rmewal of Caretaker Agreement, Mc:CIeUaø Raacb Park. w 14. Approval of plans for the Hertert Memorial Native Plant GInIen. 15. Request for ...... "I" ¡ation to retain services of an 8ppI1Iiser to appraise the Service Center property in conjunc:tion with bond fiDaacir.g; pI~ty located at lOSSS Mary Avenue. 16. Resolution No. 8777: wResoIution Authorizing the Acquisition, Construction 8Dd Installation of Certain Improvements to Recreatioa Facilities on School Diatric:t Sites for the City of Cupertino; Authorizing the city of Cupertino to Enter into a Lease Agreement and Right of Entry Agreement with IDdepencJent Cities Lease Finance Authority for Purposes of Financins Such Acquisition and InstaIIatiOll and Authorizing the Execution of Other Instrumeo1s and the Taking of Other Actions Related to Such Financing. W 17. Request for waiver of fees, Access to Justice cLb.a. Voter Revolt 18. Approval of Human Services Committee recommendations for funding agencies. 19. Report on Cable Television Advisory Committee grant f>I'..:cdurea and filling of committee vacanc:y. Yœ Members JZf~!dtt Council AYES: NOES: ABSENT: !\BSTAIN: Dean, Goldman, Sorensen None Koppel, Szabo None ITEMS REMOVED FROM CONSENT CALENDAR- None. PUBUC HEARINGS 20. Public hearing to consider a increase in business license tax (continued from Oc:tober 5, 1992). <a> First r-fing of Ordinance No. 1612: wAn Ordinance of the City Council of the City of Cupertino Amending Chapter 5.04 of the Cupertino Municipal Code Relating to Business License Taxes. W 4 .__.~-~.....-,.,.....-.--~~ .."!..-;..'.......,.. ,., MINUTES OF THE OCTOBER 19, 1992, RF..<JULAR CITY COUNCIL MEETING (CC-U6) Mayor Sorensen announced that the order to be followed on this would be staff presentation, Council questions and public input Following the public input. it will be Rtumed to Council for a decision. Dim:tor of Finance Snyder presented the staff report. City Attorney Kilian said the Mayor bad requested that be address the question of wbether Council can adopt an increase in the business license tax without a vote of the people. He said that when Prop. 13 WII adopted it said that imposition of a special tax could only be done by a 'lJ3 vote of the people. The California Supreme Court rules that this only applied to special tax. This is a general tax. The money goes to the General Fund. Cities and counties can adopt a general tax without a vote of the people. A few years after Prop. 13, Prop. 62 attempted to close the loophole. Since then Prop. 62 baa been declared constitutiooally invalid by thrœ appellate courts and the Supreme Court refused to review the appellate courts' decisiOlll. Mr. Kilian official position is that the Council can do this without a vote of the people. Mayor Sorensen announced that there WII a bid opening for four lots in the Seven Springs area taking place in the lower level conference room. Mr. Snyder stated that there are two ordinances presented for Councirs conaideration; they are the same except for the rate structure. Nadine Grant, 10463 Heney Creek, said sbe is the owner of a small Cupertino business. She said sbe thanked Council for their businesslike apploa.::b to solving problema. This is an example. of that outreacb proceaa. Another c:umple of working with businesses is the recommendation fiom the Chamber of Commerce. Ma. Grant said sbe bad IIttmded the Silicon Valley Joint Venture Conferenœ. All parties emphasized that for the Silicon Valley to regain its leadership position requires ~abon between business, education and government with the emphasis on CuuJ-abon, not confrontation. The Chamber's request is confinnation of this type of ~abOlL Keep providing a conatlUctive forum with a continued emphasis on fact gathering and group dialog. Ms. Grant challenged those gathered to continue to demooatrate the oooperative, fact based il > lloacb II well Allan Bidwell, ] ]257 Bubb Road, representing the Cupertino Chamber of Commerce, said II a homeowner and business man he is not a t""'I^'"ent of big taxes. He said Chamber has been working with staff. The business community does not necessllrily welcome the prospect of higher business license tax but representatives met to review the plOposed ordinance. They then met with Mr. Snyder to iron out differences. Mr. Bidwell said the Chamber was prepared to support the ordinance with the following provisiOlll: ]. Six tier rate structure. 2. Tw~year phase in. 3. Suspension of utility tax increase 5 MINUTES OF THE OCTOBER 19, 1992,lŒOULAR CITY COUNCIL MEETINO (rol46) þ for throe years. The Chamber no longer requested a maximum tax. Mr. Bidwell talked about the exclusion of some small business. He said he didn't think the tax is regressive. Richard Jones, 10441 Glenview Avenue, said he was a resident and home businaa owner. He said he came to speak specifically about home businesses. He is confused about whether it is a tax or a license. He will assume it is a tax. He spoke of the limitations imposed on home businesses which he said seemed reasonable. But thole limitations also limit income &om home businesses. The nature of home businessea is very different from other commercial businesses. It is not difficult to measure revenue but it would be difficult to measure specifically dedicated space used for the busineu. Mr. Jones said he docs not think the proposal takes special categories into considenttion. Mr. Snyder said that there is no square footage charge for bome businesses. Mr. Jones asked bow income will be determined. Mr. Snyder said there will be an affidavit to be signed by the business owner as to how much income is received. t Michael McCully representing California Business Alliance said that Cupertino seems to understand the importance of a balanced budget. He is strongly against any tax increase. Some factors that must be considered before giving a tax is that once you give a tax you aren't going to get rid of it He asked Mr. Snyder if the tax increase was 1----..... of s18te actions. He said it acts as a deterrent to small busineses doing business in Cupertino. He asked that Council weigh the consequences and needs; if they arc going to raise the tax make sure it is fair. When be says fair tax it must be imposed on all equally. He cited Section 5.04.280 and the method of calculating the tax. Using this method people witt> 30 times more square footage would only pay three times more tax. He said not to worry about scaring big business away becA...... it would cost a lot more to move than to pay the additional tax. Mr. Snyder said that Mr. McCully's interpretation of the six tier method was incorrect. He explained bow it worked. 31. Report on bids for real popc;rty located within the Seven Spring development, and award of contracts (oral reporting throughout evening). City Clerk Cornelius reported that two bids had been received. The written bids were: Lot 188 - Tony Wong- $326,100. Lot 189 - Christopher Henry - $325,097. It was moved by Counc. Dean, seconded by Counc. Goldman and passed unanimously to approve the staff recommendation and accept the bids. þ Eleanor Werner, 20076 LaRoda Drive, commented on the bid opening and said she would like the City to take some of this money and put it in the General Fund which 6 MINUTES OF TIlE OCTOBER 19, 1992. REGUlAR Cl1Y COUNCR. MEETING (roW) þ would take care of the difference CII\..«I by their spenclil18 spree. She said that under S8 1977 which will be in effect as of JanUll)' I, 1993. the City will be bound to publish in a widely cin:ulated publication and hold two public bearings 45 days in advance of the l"opœed tax incruu She said she thinb this will help tax increlus to become more public and stop them from doing sniall notices in the end of a small newspaper and then having them rush them through. Tax ÍDw cases during a recession tip tho business scale toward disaster. She said she would like to see more fairness by making the public more aware of all user fees and taxes l"upœed since the spending spree of two YClU'l ago 10 the public would know all that is expected. Mr. Kilian said the loes bad been dedicated in lieu of perk dedication fees. Therefore requirements of the Quimby Act say that the funds from the auction of the ploperty be earmarked for park purposes. Phil Zeitman, 22900 Cricket Hill representing CURB said that given today's climate we can't rely on the county and state for funding amenities. Therefore, if the City is going to maintain the quality of services the need for increasing fees is obvious. Cupertino baa the second lowest l'.operty tax in the county. This is not an oppressive tax on individual citizens. CURB supports the JXoposa\ with the addition that kids under 18 are exempt from the tax. Let's protect those lemonade staods. t James Ludemann said he is a candidate for the California Assembly for the Libertarian party and quoted Patrick Henry regarding taxa. He said Henry's prediction is coming true. Maybe people are trying to tell Council something. He said the Chamber of Commm:e did not represent him. He said this is a l"IPcssive tax beç,...·e Council wants to keep the big players happy. If Council can't bølance the budget. rep:ace Council. Don't raise taxes. Floyd Meyer said the actua1 amount of l"uyerty tax we pay isabout $48 million. Under Prop. 13 we can't cbange that. Cupertino docs not have a lower tax. The County takes away 98".4. San Jose gets back 20%. If we got 20% of ours we would not have to be scraping up pennies from small businesses. We don't have a police dc,t""buent but we are paying $3.5 million for the Sheriff. He said he is stymied by ci"il servants not providing information. He talked about the Sports center. He said if we leased it at 1% of its value or sold it we would be much better off. He was told that we contribute $27,000 a year for Sunday library services. Mr. Meyer said information is slow in coming. He has to get it from his civil servants. Mr. Snyder said he bad met with Mr. Meyer at some length and thought they had worked out his questions and concerns. . Deborah Jamison, 21346 Rumford Drive, said sbe operates a small home baseò business. She said she was here bec....~e she received a notice fron the City that this would be 7 M1NUfES OF TIll! OCTOBER 19, 1992, ~ cmr COUNC1L MPm1NO (CC-W) I discussed but also beca>- sbe rec:eived a piece of litendU1'e dcliveml in the mail from Cupatino W8fd1dog. It was so full of mislv-'ina .bded1enll and abBolutely ridiculous assertioua that she felt compelled to mske her opinion on the matter 1mown. Ms. JIIIDÍSOD said she tbouøht it appropriate and l""'I"""'ible of Council to exam raising revenues and the business liœnse tax is an "i¥opIiate one to look at. Quality of life depends on øood City servic:c:s. Good services increase pI() )Orty vùucs. Council his a reputation of beina in favor of m-..r and controlled ørowtb and open spece preservation. She said sbe is suspicious of the beckers of a pømph1et like this. It was desiøned to whip ferment and whip up an irrational response. It is "W'opriate to come an discuss the issues. She is not in favor of this pømphlet. ~ John Little. 20863 Steveus Creek Boulevard. said there an: 100 people here that oppose the tax and some in favor. Maybe they favor higher taxes. He said be had three diffeacnt versions of the ordinance. Which one is real? It comes down to promises - promises that this tax is not as bad as it seems. It is the letter of the law that mattcn, not the empty promises that matter. The tax applies to multiple businc:sses. small children, small businesses. Maybe Council is receiving bad advice. Mr. Little said that we know that every year the City sets more money. We know about the gallons of red ink and we don't like it It is time to face the problem bead OD. The problem is the City spends too much money. He is outraged at the level of government spending. The message is clear. No new taxes. Counc. Goldman commented that when people print something they ought to stick to relevant issues and ought to sign and identifY who they an:. Mr. Little said the issues an: what is important Mr. Snyder said the CtUrellt tax ordin8nce does not give the latitude that this one does. This one gives staff the latitude for judøment He also said that under state law the City cannot tax licensed child care. In IIIISwer to questions about who was l...poDSible for the pømph1et, Mr. Little said he would defend it He said he didn't see how tbi! is relevant to the issues. He said Council can defend their record, he will defend his. þ Richard Johnson, 7542 Sbadowhill Lane, said he owns a home in Cupertino and pays a lot of taxes. He said be had received one of the pømph1ets and that is why he was at the meeting it attracted his attention. Mr. Jo1mson said he is awan: ofwbere Cupatino gets its income. There has been less sales tax from Vallco. We don't have the tax besc that we should have. We an: very constrained on taxes. Mr. Jo1mson said he thought Prop. 13 W3S a mistake. It went too far beao>'V! we tax and spend collectively in order to enhance plopcrty values. Most bomeowners depend on a level of City service, that if it declines it will threaten pI.,..crty values. He said he didn't want that. He wants his home 8 t MINUI'ES OF TIlE OCTOBER 19, 1992, REGULAR CfIY COUNCD. MEETING (CC-U6) to be a secure baais for hill retirement and wants Council to do the best they can to find revenue sources. If they have to raise tEXes, 1et'1I be aduI1s. Basic City lIervicca need to be paid for. Hctlid be 1hinb it is a mistake to cut taxes in a way that harms City servicca. He lI~bt the City Coußçirll efforts to raise revenues. He wants value for hia moncy and to protect his 1"....mY. He has lltarted a home business. In hia opinion if you don't raise taxes to pay for the services, you cut the value of your plope.1y. Ann Anger said llhe was one of the people who bad been fighting for Prop. 13 sinco 1965. Tbe pI~ition was supposed to take care of local fire and police œl"'lhuœts and parks. However, the legislature changed it after it was passed. Ms. Anger quoted as!~·ments from past years and passed out that information. The county gets over a billion doUars. The ) Opuooition was to keep it locally. She said she would like to know what they are doiug with that billion dollars. Tbe City gets only 12"A.. Redevelopneat will be the next thing Council will put at citizens '-'-..~ they want redevelopneat money. She asked why Council didn't make it their business to find out what the county is doing with that money. Anna Black, 2118 Gardena Drive, said she thinb the tax is unfair. Why tax the I.Ulemployed and mothers and senior citizens who work at home? She asked wbeo Council will stop wasting taxpayers' money for art plogt_ and social servicca to undocumented persons. People should be able to vote on this tax. Charles Steinmelz, 11233 Palos Verdes Court, said he bad never seen such determination 10 raise taxes. He said he assumed from the fact that then: were only three Council members present that it has been decided. He said get rid of this regressive tax. He thanked Council and said this was the best show in town. Leo Cassel. 19831 LaMar Drive, said he has lived in Cupertino for a long time. He said he is interested in cutting taxes. not raising them. The way he cuts expenses is be doesn't buy if he can't afford it He said he 1hinb CouncilllhouJd do the same thing. Doo't spend more than you take in and try to save a couple of bucb for a rainy day. If you're spending more money, cut it out. Cut out employees, then: might be someone counting paper clips. He said Council should quit spending the money. He said r"Ullcil isllitting up there like Julius Caesar. He feels intimidated. Council should be looking up to the people instead. Nancy Burnett, 729 Stendhal Lane, said she had been at home watching the meeting on television. She had received the pamphlet. She said it is full of so many inaœuracies that she started calling Council and saying she supported this thing. In regard to Section 5.04.110 .F., she thinks anyone who earns $1,000 or less should be exempt. Mr. Snyder said that wæ in the ordinance. Mr. Kilian said Council might want to clarify the exemptions contained in that section. 9 ~._, --- -.- ~··-"'-"""'Jf""~~""··\~""·}''ll~·P~ MINUTES OF THE OCTOBER 19, 1992. REGULAR CITY COUNCIL MEETING (CCI46) COUIIÇ. Goldman stated that people have a right to express their opinion and write whatever they want However, it wouJd be nice if it were accurate. The City bas cut costs. Mr. Goldman cited budget cuts made over the last few years. He said we could eliminate all taxes but then could not pay for services. The City tries to cut costs every year and win do it again next year. He said he hopes the people here tonight wiD come to the budget horings. It would be an eye opener for them and they could contribute to the process. He said if they arc serious about cutting costs, come to the budget hearings. Regarding withholding information. there is a copy of the budget at the library. Mr. Goldman said it could be improved. There arc ways to infonn yourselves and bring ideas to us. In regard to the business license tax it has not changed in all the years it bas been imposed. Council has talked with the business community. They arc recommending the pcoposcd concept. Mr. Goldman said as a businessman he understands the issues; he has had to cut his staff by 90"10. Property tax is a real issue. He suggested to those present that they find out about the pr~ tax issue and if anyone can solve it let Council know. He said he øgrccd that it is unfair. In the meantime, we must deal with fiscal reality. Counc. Dean said that during election time he heard people say it was not fair for 1argc businesses to pay the same fee as home businesses. He said he had a problem with the pamphlet. If people have a position. they should stand up for it He told of the vcrbal abuse his family had suffered from people calling on the phone. He acknowledged there is a huge &ustration with taxes and predicted that the state deficit will get worse. He said this is not a new tax and there had been no secret meetings. Mr. Dear, said he is sony for the style used in the pamphlet and glad people came out tonight becl1USe Council needs their input. Mayor Sorensen also encouraged everyone to come to budget hearings in the spring and utilize the Cupertino Scene Soundoff cards. Ms. Sorensen referred to City Msnagcr Brown's financial report and thanked the Chamber of Commerce for their assists.ncc in this process. She read a letter from Council member Koppel into the record. Counc. Koppel supported the tax. It was moved by Counc. Goldman, seconded by Counc. Dean and passed unanimously to approve the ordinance including the six tier rate structure, phase in of increase over a two year period and suspension of any increase of the utility tax for three years; and with Section 5.04.110, Exemptions, part F, first sentence, amended to read, "Every natural person whose annual gross receipts from any and all business arc one thousand dollars (SI,OOO.OO) or less." 10 MINUTES OF THE OCTOBmt 19, 1992, IŒ<ìUl.AR CJ1Y COUNCIL MEETJNO (rol46) It was moved by Counc. Dean. sccooded by Counc. Goldman and paled _imously to read OrdiDance 1612 by title only and the Deputy City CIedt'1 reading to .......tilUte die fiøt reading thereof. RECESS: 8:4G-8:SS p.m. 21. Consideration of vacation of easements within the Apple Computer P'~' DeAnza Boulevard between Mariani Avenue ønd Route 280. (a) Resolution No. 8778: -A Relolution of the City Council of the City of Cupertino Ordering Vacation of a Waterline Easement Within the City of Cupertino Punuant to Section 50430 of the Government Code of the State of California; Locate<! Within Apple Computer Property - DeAnza Boulevard Between Mariani Avenue ønd Route 280.- I (b) Resolution No. 8779: -A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Emelgencv Ingress ønd Bgress Easement Within the City of Cupertino Punuant to Section 504)0 of the Government Code of the State of California; Located Within Apple Computer PlV Idty - DeAnza Boulevard Between Mariani Avenue and Route 280.- Director of Public Worb VÛ!kovich presenteú the staff n:port. It was moved by Counc. Dean. seconded by Counc. GoIdmøn and passed unanimously to adopt Resolutions 8778 and 8779. 22. Appeal of Plann;118 COIIIIIIission approval of an amendment to Application 2S-U- 86 to allow bingo games at St. Andrews Ann:nÎøn Church. 11370 South Stelling Road. F. Scott and Sbarilyn HeUinge. et aL. appeUants. Previously continued to November 2. PLANNING APPUCATIONS 23. Application 7-U-92 - PBCO-Clyde Okimoto - Use Permit to allow øn 1,800 sq. ft. on-premise dry cl""";118 business in an existing mail building. The paoperty is located at 19998 Homestead Road. Environmental Determination: '1bt! plRft11;ng Commission rc:commends the granting of a Negative Declaration. RecomJ':1ended for approval. (Continued fi'om September 21, 1992.) þ 11 MJNUlES OF TIlE OCTOBER 19, 1992, RE<ìlILAR C11Y COUNCJL MEETING (IDI46) Diredor of Community Development Cowan introduœd Steve Hill, Manager of the Toxic Air Contaminant Evaluation Section of the Bay Area Air Quality Management Dil1uct. Mr. Cowan said staff bad met with 1M øgency and Mr. Hill is here to tell about the review ...___ and criteria used in reviewing sucb applications. Mr. Hill said the BAAQMD is.CS )OOIible for regulabng emission of contamínan1s. The permiUing authority for suell an upð.a6on is delegated to the District by both the state and fedaa1 govemmenIB. Any potentiallOlll'Ce of air emissions is required to submit an application which is evaluated to see if it complies with the regulations. If there ao toxic air (XVIbImÏ1um~ they are evaluated and sent to his office. Mr. Hill described how predictions of ground level toxicity are 8ITÍVed at He said a health risk _essment follows and they determine if the levels øre acceptable. An increaed risk of ODe in 100,000 is the acceptable level. Mr. Hill said that in some areas the risk in the ambient air is much higher than this. He said that when a new facility wants to open is the best time to incorporate controls. The purpose of the review is to prevent creation of a public health problem. In answer to questions about the propoo;ecI use, Mr. HíI1said the routine emission is less than the acceptable level. He also said tIleR is a ¡>ooposal to require retrofitting old businesses with the closed loop system and requiring it for all new ones. It has not been ....-.eeI yet. Douglas Levine.~ entíng the applicant stated his creclíbílity as to being able to address the issue. He said the old fluids were highly toxic and t1amma!>le. He bas worked around them all his life. In regard to the 2% loss of the PCE, it does not go into the air. He said that gasoline is far more toxic and flammable than PCB. The major hazardous cleanup comp8DÏes bad informed him that they bad not seen any spills at dry cl......i"8 plants. The machines are safe. The company bas not bI:en denied a permit to coostruct and operate. RegardiDg the statement about the number of cleaners in ~ the state said tIleR are four and the fin:: ch.a-Iwent says nine. Mr. Levine said be did DOt see bow by .ddi"8 this establishment we would add to the pollutioo. It seems they would lessen the poUution by taking cleaning away from businesses that do not have the closed loop system. David Buchholz. 400 -A- South Genevieve, San Jose, representing Jim Dandy Cleaners, said that in the beginning the community members' position was that they are afraid of competítioo. After the City Attorney said Council was not allowed to render judgment beca....e of competition they changed to the pollution issue. There are a few lIDSubstantíated claims. Two things they are concerned with are 1. the true safety of the: cleaners, the track record. Jim Dandy's record was reviewed by BAAQMD and found to be in compliance in Southern California. 2. How are the: cleaners in compliance with the 12 MINUTES OF TJIE OCTOBER 19, 1992. REGULAR CITY COUNCll.. MEETING (CCI46) code. Other cleaning businesses arc much closer to residences than the one pI~ tonight If you strip away these arguments it boils down to competition. J08II Tice Lee. 20041 Nortbwood, said she 1"P"_ented beøelfand Nortbpoint She said that she bad addressed the issue of the cumulative effects of taxies on the enviroament lit the Planning Commission, not the issue of competition. She expressed some confusioo about the numbers cited. She thanked Council for postponing the matter so people could look into it She said we don't know enough about the cumulative effects. She cited 11ft article from Business Week, She is trying to understand the problem. Ms. Lee cited another article, this one from t!le Sa" Jose Merr:rITJI News. regarding toxic chemicals in use by IBM. An article in Drj.cleoning Timu talked about PCE causing illness. Ms. Lee told about the City of Turlock where wells bad become contaminated with PCE. The state held the city responsible for damage and cited them. One of the weDs is still shut down. Ms. Lee said we have no way oflmowing about possible contamination. Ms. Lee showed a list of contaminated sites in the county. One of the top ten worst is in Cupertino. She said all equipment bas a life cycle and it will break down. She told of the human error that IIIId contributed to the Rancho Seco problem. She ¡xoposed that Council pause and take an important step in halting the body count She encouraged a shift to the new equipment Alan Wright, 20014 Nortbwind Square, said he was also representing himself and Nortbpoint and that his concerns had nothing to do with competition but with I"~rty values and quality of life. His three concerns were with traffic, noise and chemicals. He said there had not been sufficient study done regarding the impact on traffic. Regarding noise from the roof mounted equipment, he said the City should handle the problem of noise from other cleaners before they create another problem. Regarding the PCB, he said he doesn't think he is in danger of cancer but is in danger of headaches. He urged Council to send the message that they are concerned with property values. Randall Hill, 10938 Northshore Square, representing Nortbpoint homeowners, said there is considerable opposition to this plOf)OSal. Noise and traffic will be increased. There arc concerns regarding air and water pollution and handling of taxies. He said he is asking Council to say no and put a moratorium 00 this type of application for the next year until we get more information. Mr. Hill said that when they can allay residents' feaß, everyone will feel confident about their decision. Virginia Tamblyn, 19721 Bixby Drive, Northpoint, said that at the last meeting staff bad said there were no complaints about Holiday Cleaners. They are 50 ft. directly behind her home. She had written and appeared stating her opposition on the basis of noise and environmental impact. She d~cribed the installation of the equipment After contacting Council members it was placed on the roof, not in the back wall adjacent to her property. She described the noise from the steam and a "whine". She said we need to ask some 13 - ---- ,",.,,~~,~ ~~,ç-:":'!r,""~' MINUI'ES OF TIlE OCTOBER 19, 1992. RI!OUlÁR CITY COUNen. MP.ET1NO (CC-146) t qucstiOlll. Where is the equipment? Council members talk about qua1ity of life in Cupertino. Mr. Tamblyn said she does not see it being improved. She said she woaclenxl why they are having a secoocI clelDCl' in the SlIDe ccoter aad rcmarbcI 00 competition. She said tho: pI~ cIeIøer is too close to residences. She bas ~ the intcrventioo ofCouncilIlld the Planning ~ Chong ChIlD Kim, 1113 JamestowÐ, SUllll)'Vale, lives a few blocb from the ploposed site IIId said be bas been foUawing the matter. He said he W8I here to share wb8t b..ppcned to ooe of his friends who bad two dJy cleaning establisbmen1a. 'Ibere W8I a spill at his Milpitas store. The cause was the human fector. His friend bas been in the business for fifteen years. Replacing chemicals was routine for him. Mr. Kim described how the acçident h"PP"'lcd. His friend spent $10,000 on a fine and cleaning up. This chemical is not water. It does not matter how high tech the machine is, there is a1ways human error. Accidents wiD happen sooner or later. We need dty cleaning services. If we don't have an alternative, fine, but we do - it caD be sent off site. A dty cleaner is no different from a factory in terms of bandling chemica1s. He requested that Council think about a1temativcs. We have a choice to avoid possible danger. . Coone. Dean said he thinks the citizens mean well but Mr. Hilrs agency does not see a health hazard. It is not the jurisdiction of the Council to determine the type of businesa going in. Counc. Goldman said there were legitimate conccms but we have heard from the lead agency regarding that concern. He said he didn't think Council could deny the application. Ms. Tamblyn urged Cooncil to make sure the equipment will be roof top and there are limits on the height of the stacks. Counc. Goldman asked staff to get someone in Ms. Tamblyn's back yard to listen to the noise she bad described. Mayor Sorensen thanked Mr. Hill for 811Swering her questions. It was moved by Couoo. Goldman, seconded by Coonc. Dean and pIII',M unanimously to approve the application per p¡....niJ18 Commission Resolution 4419 with a condition added requiring venting to be on the roof IIId limiting the height of the stacb to below roof line. . 24. Application 20-U-86 (modified): 1MB P1operties, use permit modification to landscaping plan. Property 100000fctl at 21269 Stevens Creek Boulevard. Environmental Determination: Categorically exempt. Recommended for approval. 14 MI~ù"'ES OF 1'1Æ OCTOBIòR 19.1992. REG\'LAR CITY COUNcn. MEETING (CC-%46) Director of Community Development Cowan present<:<! staffs recommendation. He reviewed the use pcnnit and the two new requests. He asked for discretion if the S" trees can't be found and suggested a canopy size be set. City Manager Brown inquired about the shtus of the Oak Tree Managc:ment Plan. Mr. Cowan said that condition 4 of Planning Co:nmission's resolution addressed that David Mackie, General Manager of the Oaks, presented a time line of work that had been done on the trP.eS. He addressed Mr. Brown's concern that there had been not activity from the time the plan was approved to mid year, He showed on the time line that there had been activity. It took several months to draw up the plan, It is specifically engineered for the property, The trees and problems had been inventoried. It was naive of them to accept the S" trunk directive, They should have come back and told Council they couldn't find trees that met this criteria, even though they searched three states. Regarding the tree that was planted in the wrong location it was an innocent mistake and not done intentionally. Ms, Bjunnan seemed comfortable with the location, Mr. Mackie showed expenditures for 1992 and those proposed for next year, He said he thinks the request to replace two trees with four is burdensome and excessive. He showed a map of the center and indicated the trees that are a problem. Instead of four trees he would propose two larger trees. He said he thinks Council will be comfortable with this solution. The trees that can be purchased now were not available to them last year and are not now available to the general public. He showed photos of the trees. Barrie Coate, arborist, discussed the proposal to plant two 18ft, crown, 9-10" diametcJ trunk trees. He said he can see the logic and does not know where they would put two more Oak trees on the site. They will probably have to build an island to accommodate these two trees. Mr. Coate showed discrepancies on the map. He said the proposed trees would serve the function of screening the back of the restaurant. Regarding the health of the Oaks, Mr. Coate said one is diseased and will have to be treated by brmch removal and spraymg. One other has problems and the others are improving. The tree people can't work magic. They are one of the best in the æea The maintenance program is being done properly. He suggested two very large trees are a fair exchange for four smaller ones, two of which would have to be squeezed in. Dave Doctor 0:' Corporate Commercial Service." the tree care service provioing Oak tree care, said the.~ have a special opportunity to pw,~hase these 60" and 72" trees, probably one time v~!y. The person selling them does no\ grow them for sale. These trees have great character and he wants them for The Oaks. He showed where he favored planting the two trees. He is pleased to work on this projel t. 1MB has given them the liberty to do what is necessary The health of the trees is pi ~king up following care taken in the first year. Next, they want to move to the Ash trees. 15 """"';':~!~~'" MINUTES OF TIlE OCTOBER 19, 1992. REGULAR CITY COUNCll. MEETING (cc.I46) Coonc. Goldman said he would like to know in the futun: when changes arc made. It was moved by Coonc. Goldman. seconded by Coonc. Dean and pøssed unanimously to approve Application 20-U-86 (modified) per Planing Commission Resolution No. 4429 with conditions 2 and 5 removed; to allow 1MB to take out the træ that is falling down and replace it with a 9-10" tree as shown anrl place another 9-10" tree in the place indicated to the south of the first tree; staff to make final dctcnnination which trees are planted; to allow removal of one parting place; to allow removal of diseased limb from tree 55, When asked about the time frame, the tree service representative said the important thing now is to purchase the trees while they arc available. They will probably be planted in the early spring. ARCHITECfURAL AND SITE APPROVAL COMMI1TEE APPLICATIONS 25, None. UNFINISHED BUSINESS 26. None. NEW BUSINESS 27. Discussion of ABAG Platform on Growth Management. Coonc. Goldman swnmarized the platform and expressed concerns regarding limiting of powers. that representatives be elcx.1cd officials. and sharing of revenues. He said the options are we can continue to oppose or seek to have it modified. By consensus Counc. Goldman was authorized to vote for approval unless Item 14 (revenue sharing) remains the same. 28, Acceptance of Pat Jackson's resignation from Architectural and Site Approval Committee, By consensus, Council accepted the resignation wid> regret and will fill the vacancy in January with other appointments. 29. Report on commission and cornmittt.,,: terms expiring January 15, 1993; selection of application filing and interview dates. 16 MINUTES OF THE OCTOBER 19, 1992, REGULAR CIlY COUNCn.. MEETING (CCI46) By consensus, Council set dates as follows: Deadline for incumbents to apply - December II; extended deadline for non incumbents - December 16; interviewll - Wednesday, January 13, Conference Room A, 6:30 p.m. Directed staff to allow some flexibility in the date for interviews in the event there are so many applicants that two interview sessions are required. 30. Confinnation of date for joint meeting with Architectural and Site Approval Committee. By consensus, Council confinned October 26,7:30 p.m., Conference Room A, for a joint meeting. 31, Report on bids for real property located within the Seven Spring development, and award of contracts (oral reporting throughout evening). This item was considered earlier in the meeting. 32. Applications I-DA-90 and 9-U-90 - Westfield, IlIc. (VaIlco) - Appeal of Director of Community Development's denial of application for minor modification to use penn it 9-U-90 regarding the placement of a parting structure on th~ Sears parting lot fronting Stevens Creek Boulevard, Westfield, Inc., appellant Director of Community Development Cowan presented staffs recommendation. Mayor Sorensen said Council would focus discussion on whether this is a minor amendment or major, not on the merits of the application. John Endicott representing Westfield told Council that his reasons for pursuing this are timing and conflicts in his schedule. Going though the use pennit process would take a lot longer. The development agreement allows Westfield to pursue the minor amendment CO\USe. If they had more time they would go the longer route. Mr. Endicott said the change from the original plan had been made as the result of discussion with Sears. Nancy Burnett said she was speaking for herself. In her opinion, this was not minor by any stretch of the imagination. It is putting in a building th'it does not exist and adds 343 parting spaces. Therefore, it should go through the regular process. Following Council discussion Mr, Endicott withdrew the reques¡ for a minor amendment WRITIEN COMMUNICA nONS 33, None, 17 MJNlJfES OF TIŒ OCTOBER 19, 1992.1tEOULAR. crrv COUNCIL MI!BTING (CC-W) ORDINANCES 34. None, RESOLUTIONS 35. None. STAFF REPORTS 36. Oral J~ by staff memben and submission of written reports - None. 37. Overview of City's safety program. Previously continued to November 2. At 10:45 p.m., the meetins w. adjomned to 7:30 p.m., October 26, 1992. ~ d,)8L(o Deputy City Clerk - 18