CC 06-25-90
,
CI'IY OF aJr'UU'.u«:>, STATE OF CALIFCeIIA
10300 'lut<l<l:; AVENUE, aJPERl'IN), CA 95014
TELEPHONE: (408) 252-4505
CC-792C
MINtJl'ES OF '!HE JOINl' MEErI1G OF '!HE CITY CXXJNCII.¡PI.AN
CXHŒSSIœ/~ AND SITE ~ a:Hn'I'I'EE,
HEID œ JUNE 25, ).990, mlZK.I: w. ~ CDH.1NI'lY
CENI'ER, 10185 N. S'l'EIL1}I; R:W)
CAlL 'ro ut<UI:óI(
Cam::. Present:
Goldman, Kqpel, Szabo, Mayor aogeJ:s
Counc. Absent:
Sorensen
ArdIitectural and Site 1\pprcIIIal n-n.ni ttee P1. s: lit:
Haxsie, JacJœa1, Lim, weber
ArdIitectural and site 1\pprcIIIal n-n.nittee Absent:
Gcn]
Pl~ n-n.ni_im J». oIL:
Adams, Fazekas, Maclœnzie, Mann (arrived 6:15 p.m.)
PlaJ'1l1Ïn3 n-n.ni -tat Absent:
t"l...riy
Staff Pl. s ut:
City Manager Brain
City ClerK cou.elius
Director of Public ~Jcs Vis1caviå1
Directar of n-wdt¿' Dev8l,¥"""IL Cowan
City Planner ~
Planner I Rcbi.1la%d
Planner I Bjm:man
City Atton'ley Kilian
'Ihcse ~ S lit ocnvened for dinner at 5:30 p.m.
At 6:05 p.m., Mayor lb}era called the meetinq to order.
ORAL CXJMJNICATIœs - Ncne.
1. Policy requiri1:J hearinq requests be brought to the
City Council for ~ prior to sd1eduling by a
l"nmIi ..... ion.
-1-
~ OF 'mE JUNE 25, 1990, JOM CITI aJ.JNCII{PIANNI
CD!MISSICN/~ AND SITE APFRNAL CXHnTI'EE
MEErIN:; (œ-792C)
CamI. Maclœnzie stated that the City Cameil has a
legitimate oa.:;en, regardin:J the need to koow the use of
staff time. '!hey shalld be ootified even as a courtesy.
If the item is on the lower erxi of cantraversy, the
Camlission wooJ.d like to initiate a hearin;J on its own.
CamI. Adams said he did not recall institutinq ~"thin;¡
witlnlt going to Council first. He did not wish to be
curtailed, nor did he wish to feel he has to keep his mouth
shut. He also stated that he did not want to initiate a
hearing without City cooncil help.
N31\C 11_,~ -er Pat Jacksa1 suggeEIted the term "ask" OCJIùd be
_i"led and perhaps d1an;Jed to "notify" or "infO%1ll".
(City Clerk's Note: 0c:mII. Mann an-ived 6:15 p.m.) Ms.
JacIcsa'I said there :øI.1St be a way to cr:kh.....a matters of
stJ:'a'Jq sentiment in the t'Y'I'IOIII1I'\ity.
Tan Weber pointed cut that the City cooncil does hold the
purse strin;p¡ and therefore, it I.:eems that t'Y"ImIi-iCl'lS
shœld have City cooncil pemissian.
Came. Szabo said he wooJ.d have IX) problem with
notification rather than pemissim.
Ccmn. Mann said that she did not think a legal p.¡blic
hearinq sha.1ld be held witlnlt notificatia1 or o1WLwal of
Camcil wherever an open rli..,.."....tm wc:W.d be ............J}'..iate.
coonc. Goldman pointed cut written guidelines or policies
m this matter is limited. He asked what Camcil did want
as policy and W1at sanctia1s were êlV"i1;oh1e.
'!he City Attamey inf~ him that the cœncil does have
the power to rliaanlve the p1.anni.rg' o-ni....im. other
r--'ltœ oculd be used for other or-i-ia1s.
Mr. Goldman said he was not in flNor of a policy whose
sanctim was so severe it wooJ.d never be enforced. He
stated that the restrictiCl'lS were the result of me
incident. Cw.L""d,. political activism forces Council to act
on ~ before they want to ãCt on them. He ht::ped that
those wi10 volunteer (t'Y"lmli-icners) cxme to help an:! have
good intentiCl'lS. He suggested there be IX) policy. If a
prà:>lem cxx:urs, then cooncil oculd look at a policy. He
asked Wtr:I cooncil shalld be p.It in a pœitim of formi.n;J a
policy that causes rli a....':It.
-2-
·
MINUI'ES OF !HE JUNE 25,
CXHo!ISSIOO/~
MEErr'IlC (œ-792C)
City Manager Brown said the City council ~d like to be
advised by arr¡ CYWmIi ....im who is planrtirJ} to conduct a
¡:d>lic hearinq m such thin;¡s as a General Plan aö1IE!I.:hu.:.IL.
'lbe Council could then let the oamnission Iax:Jw if they
~rt that or mt. Mr. Brown stated he is not prepared
for significant staff time to be spent for sc:methin] the
City Cameil does mt suwort.
1990, JOINI' CITY O:X,1NcrI(~
AND SITE APPRO\lAL cr::MCTŒE
,
Mr. Goldman said he is not prepared to SURX'rt arr¡ policy
at this time. He dœs not think O;Juncil has the ability to
back me up and it woold put cnmcil in a 'IIOI'Se political
position. He dœs not feel it is a tr-ñr1q of ~ -:n
issue. He also ~_=-i the belief that CYWmIi....ia'!eJ::s
McW.d not use their official position to }IL........te a
personal view that is different frcm the city's positim.
Calm. Mann _ eed the opinim that peI~Lim camts and
dœs need to be 0CI'ISiderec1.
Mayor Rcgers and City Manager Brown ~-ted that it a
l'roIofti aeim were going to OCI'ISider a significant i ...... or
require significant staff time or mooey, that CYWmIi....t.cn
notify the City Council.
'lbe City Attorney su,,"y=>-œd that if that is Wat Oouncil
wanted or if Oouncil wants no policy, then arr¡ policy in
pr8Ctioe should be rescUñed.
It was DK:Ned by Counc. K/::g)el, w.xA..a.l by Came. Szabo and
paE'e9d unaniaIa1sly (4-0) to sd1edule a resolutim at the
next Cameil meetinq rescindinq the current policy and
establishin¡ a new policy of notificatim.
2. Disotssim of operatilX1al aspects of the design review
iJ1:0c-0"!' and related iSS'..... involving PlanJ'Ún:] l'roIofti ....im,
Aråù.tectural and site J\ßIrCMIll'roloftittee an:i City Oouncil.
Di"""'wsim cxx:urred regardin} possible streamlininq of the
design reviw pl~e.
'!be city Attorney stated that in salle cities fin:lin:Js are
made after the hearinq an:i brœght bad\: at the next
meetinq .
Came. Goldman said he did mt want to hold up ë!R)licants
for policy i........... Fezhaps actim oculd be taken an::! staff
could 0CIIIe back at the next meetinq with an ageOOa item to
set policy.
-3-
,
MrnUI'ES OF '!HE JUNE 25, 1990, :romr CTI:"i ~
<XØ1ISSIOO/ARŒI'I'EClURAL AND SITE APPf/!NAL œt'fo!lTI'EE
MEETING (CC-792C)
Ms. JacJœcr'I said ,...,..,."i....ianers need to know iIIbere the City
Cameil is ~ fi.......-reaEIŒ1S for a denial or anythin;J
that can help the O"""""i-ia1eI'S know what Cameil is
l~ for.
Mr. Goldman su;¡gested there was a need for specific policy
guidelines for ,...,..,."i ....iCl'lS. He su;¡gested specific design
guidelines .
Ms. Mann expressed 00I1œm that if guidelines were too
specific, the pràJlem oculd beoc:Itl9 worse as not every
situation cxuld be incl\ñed.
City Manager Broom said the oo......-=t,t of specific design
guidelines was beinq ñi ""'le~'!!d C:Ullt2ltly by the Citizens
Goals CcmIIittee.
Mr. Mackenzie suggested that pert1aps ,...,..,."i ....iCl'lS oculd
receive notice not a1ly of what Council decided, b.1t also
Wrrj they decided that way.
Mr. Weber suJ.gested a staff L",~t qiving the reasa'1 Wrrj
City Council 0Yerturned a '-"i51on. '!hat 1o'CUld really be
all that was ne ~..r!.
Mr. Adams said that after the last meet.inq, he had thought
that the City Oouncil was going to tak8 Mr. FazeIœs' and
Mr. Mackenzie's written questia1s and write dawn the
answers. He said he was lookinq for these answm:s.
PertIaps joint JIIB8t:jn;JB oculd be ~~.ed until after
oc:.qùetia1 of the 1".-1. ChnInittee work. He also said that
the City of 5unnyva1e Planning ChnIni -1m has worItinq
sessiCl'lS. 'Ihere are bIo regular H::I'œy JIIB8t:jn;JB and bIo
Mc:I1days where the applicant has an inf~l /'Ji.".,.....im with
the Planninq ChnIni-im and staff.
City Attorney Kilian pointed cut that these worItinq
JIIE!etin; s are also qe1 sessim and the pmlic can provide
ir;ut.
'!be City of r~,,{~ ...11 has Planning t"'romniqian,lASI\C
sphrromlittee meetinqs (not a quorum) an:! ~r cut
awlicatiCl'lS with the awlicant prior to the fomal
meet:in:J .
Mayor Rogers said it was up to the ,...,..,."i_tCl'lS to decide if
they wanted to do this. (City ClerK Note: '!here ST1~ to
be a general feelinq of c2Wloval of this OOIo.qÂ...)
City Manager Brown pointed cut that if this type of
SI.!oYvonmittee were formed, it shoold not be en a
hit-and""'l\\ÍSS basis, b.1t OOI'ISistent.
-4-
~
t
MINtJI'ES OF '!HE JUNE 25, 1990, JOmr CI'IY CXXJNCII¡/PIANNnG
aHŒSSIœjARCHI'l'æIURAL AND SITE APHOVAL a:HoII'ITEE
MEETING (œ-792C)
Mayor Rogers rA(.....-.rled thzt Mr. Cowan iDplement this idea
and try it for a few 1IUlths. At the end of ab:ut six
months, she requested that he serrl a report with a
rðCu.......idation to the Cameil regarð.in;J its effectiveness.
Mr. Cowan said that the City Attorney is currently draftÏn:J
a ZŒÚJ'Ç' ordinance.
Mr. Goldman said he wwld like to design a policy prior to
doinq this.
Upon being asJœd by a oœrx::il~, Mr. KHian stated that
the City of 5unnyvale gives staff lime authority arx1 that
shortens the l£n3th of meetinqs.
Diso'....iŒ1 followed :regartl.irq the type of authority that
cxW.d be delegated to a staff 1110-..¡ .er and the Planninq
C'ronni....iŒ1. SUdl thirxJs as use permits and regulatory
activities were t'lian1Pð'!!d. certain items included in the
list fi I,hnittAd by staff were fœrx:i aooept:able: others EIlJdl
as entertainment were questioned by SCIIIe oœrx::il11"',,~.ers.
Mr. Mac:lœnzie EIt&Jo:¡aD--œd that the ordinance be stJ:uctured so
the Dizect:or of n-m11'lity Dsvel,¥""",L served as zminq
administrator .
'D1e City Att.ozney requested that the COOncil give him
direc:tim regaxdinq hoii they wanted that ordi.Mnce
structured. He said that staff will 0CIII8 b!IcIt with a list
of thirç¡ that 0ClÙd be in::1uded in the ordinance. COOncil
wwld have the "'M'ULL..Inity to file an ~1 after a
Planninq C'ronni....iŒ1 or AS1IC decisim. '!here was t'lian.....im
regardin} the public hearinq 1"-' -c _8, the 1£n3th of
1III!Iet:in;Jø and the IIIIDmt of p.¡blic irpIt.
City Manager Brown pointed cut that v..¡olL<ul of that
situatim was the call of the chair. 'D1e Oouncil and eaå1
advisory body may decide hoii they want to nm their
meetinq. Di..........iŒ1 followed reg¡u:dinq a sign-up card and
it was det.ermined that a sign-up card be prepared that
oculd be OCIIpleted by the p.¡blic and turned into the City
Clerk prior to the start of the 1IIeetirq.
Carm. Þ.dams suggested that there be another joint JDeEr...inq
to t'li"'C",ðð infomatim fran the Goals Canmittee after the
Goals rnnmi ttee r.as a few more meetinqs.
-5-
-.
MINUI'ES OF 'IHE JUNE 25, 1990, JOIN!' cr::i ~
CDMISSIœ/~ AND SITE APæOVAL CXHII'ITEE
MEEl'Il«> (œ-792C)
tJpa1 being ap1rM if a roll call were taken at the l".-lR
l"rnwni ttee, Mr. QJWan said no, there had already been
OCI~u ~ i1 by ~s of the l'YWOIIittee that the
~ were too sb:uctured. He~ that there be a
joint Planning l"rnwni_im, City Oouncil and l".-lR ,..,..,."ittee
mestinq in the first part of 5ept:ad:Ier.
Ms. Jac:Iœa1 S\'.:h_-ted that AS1IC also attA'ñ that mestinq.
Mr. COWan said that it had been decided prior to the start
of the l".-lR l"rnwnittee that at:hIEIr l'YWOIIi_tons besides
Planninq l"rnwni_im wculd not be incl\rled; hcwøv8r,
~ are pJblic.
)jso......tm followed regardin;J inviting the d1airs of other
~"-iQ1S.
Ms. JacIœa1 said that as design is beinq di.......eeed, AS1IC
shculd be involved.
By ...........sus, Oouncil dAr!i"'-'l that or-i-im d1airs 'WCUl.d
be invited to atten:l.
Mr. Lim pointed axt a di.scJ:epBncy in figures in the
CCI1SUltant's L~ L.
At 8:05 p.m., the mestinq adjœmecl.
w~
CityClcit
-6-