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CC 07-16-90 , CITY OF CXJPERTINO, STATE OF C1II..IFŒINIA 10300 'IŒŒŒ AvmJE, CIJPERI'IN:), CA 95014 '!'E:IERaœ: ( 408) 252--4505 HINUI'ES OF '!HE AD:J'CXJmŒD R$UIAR CIT!( axJNCIL l'IU;.I:.uI:; HErD æ JULY 16, 1990, CXXJNC:IL CH1\MBER, cr'lY HAIL, 10300 'Iutu<t; AvmJE, Q).t'U(.I:.uÐ CAL:IRRIIA œ-793D CAlL 'ro æœR '!be meetin:J was called to order by Mayor Rega. at 9:01 p.m. mIL CML Cclttx::. P1. S lül: GoldDBn, Kqpel, Sorensen, Szabo, Mayor Regaa staff PI: 'IL: City ManIIger Brown Cit:ý Clerk COrnelius Director of Public Wo1.iœ visJcDvic:h Director of C'nmonUty Devel..........L Cowan Assistant to the City Manager Brown Director of Finance 5nyder Director of Parks and Recreatia1 Dowling Public Infomatim Officer Rrey City Attomey Kilian ORAL <XHIJNICATIœs - Na1e. study sessim to review surwy CXI1ducted by Godbe,IFries CCIIm.In.icat.i and provide staff direct:ia1 regardinq possible ballot _",me relatinq to a tax. Mayor RcIge1:s sta~ that she does ...".._ with Counc. Szabo rega:rdinq a persa¡al prefer.._ for a utility U88r tax; hc:Jwever, it probably "IOOld not pass and, tbør8tar&, she wculd SYßJ' 'LL an "Oæise tax. Came. Szabo requested that staff pl"'t"'l8 two artU.nances, one for each i'L' 'posed tax """"''''Jre. He said that there IIIJSt be a I'Y'MOI'InUty effort. An excise tax at $2.5 millicm is less likely to pass than a utiJ.it'l' user tax. '!be Jv-:M1er -1- . . t KíNUl'ES OF iRE JULY 16, 1990, ADJOORNED ~ CITY cnJNCIL MEEI'ING (œ-793D) will pay a lot rore with an excise tax. He exprð.LðÐd ca~ that a decision was made in the lower level conference rcx:m withart: 'IV and newspaper reporters present. '!be p.blic sha1ld be invited tc c' .",,-I1t.. He felt that there sha1ld be infozmation p.¡blished in the newspapers. Ccunc. Szabo stated he has calculatiCl'lS that he will sul:Init to S<~ Jcncwledgeable. He also wanted inplt fran Parks am RecreatiŒl rnm.i ....im. He said t.'lat to get his vote in SUM<>rt of an excise tax JIIA""'Jre, there will have to be p.¡blic debate and he will have to be conv:in::1ed that a utility tax --"'Ire is not p"''?'S'able. Came. Goldman å:Jjected to remarks that if a decisim w.re made tarlght, they ~d not be follcwinq the ~ . iL"tic ~T.œs8. He perscnùly ag1. H with Mr. Szabo's ·:--·-.-.jLs regarding a utility user tax, but t:berfo dœs not .- to be enoogh supp. u.L fraD the people in the l"Y"WIWIII"'1ity. F\Jture in:::reases in utility user tax I!IIIICAIl1ts is the bi. -....:rt i ...... in Mr. Goldman's mirxi. u þ Came. Szabo ~--ted a <".J.ause in the -"'Jre that the tax woold end toben the pJrà1ases are paid for. He œquested that these iBB".... be di"""'i'S"ad with the r~lEJ rnm.ittee and the Parks and Recreation rnm.i ....im. Mr. ()únt stated that to place a -aure en the No\I8Ii:)er ballot, an ordinance IIL1St be introduced a18 way or the other m August 1. Mr. Killan stated that the first ~ ~d o:x:ur August 1, seocn:i J:eadinq and enactment August 9. en August 1, there oculd be first readin;Js for two orciinanœs and then a18 oculd be enacted m August 9 with no åIanJes. Mr. Brown said that each ordinance oould be set to service $25 million in debt with a total capital of $2.3 millim for 25 years. utility tax percentage 100Ùd be the SIIIII8 for residential and bJsir--æ. It is bportant; to avoid 1JIIý tax that is oœplicated for the voter to figure cut. It 100Ùd be defeated. Cameil ñi""",,';I;'i!d supp:ntable rates for an excise tax. Mr. RrQm said that large bJsir--æ do mt like a utility user tax. '!he l'L' y:sed excise tax is less rrrrey than a utility user tax for large Cllt'loyers. -2- · MINt'I'ES OF 'mE JUU{ 16, 1990, ADJCXJRNED ~ CITY CXXJNCIL MEE:I'ING (œ-793D) Came. Szabo said that at a $60 excise tax, the small perBa1 breaJœ even. Cameil ñi.......'a....... a $65/$65 excise tax am é!. sunset clal1~ for each kind of tax. Both """"''''Ires wculd have a senior E:"""Ttion. 'Ihe City Manager will åJec:k to see if the sunset clause oculd be less than 25 years. If so, Oouncil wculd prefer that. An infomal p,lblic hearin:J will be oarñuc:ted in Ccunc:il Quunho>,.., August 1, at 7:00 p.m. As Counc. Sorensen will n:Jt be ~ s-ent at that time, b.1t will attem the August 9 ~, she will review a video tape of the August 1 ~ Wich will enable her to vote on August 9. Mr. Snyder asked a1 Wich utilities Cameil wculd like a user tax. · By OCUSE!lISUS, the utilities will be gas, electricity and tel~. Council ñio,,,.,,e-'!!d a possible supplemental survey. 'Ibis wculd ocst ~UjI'i_tely $5,000. 01Uc:k JaCGàlen, 8147 Park Villa Circle, said the voters have to SlJR:.Ol't a tax """"'...¡re, not the Q\wmhA,.. of ~rce. Any """''''n:e- ~"I'..--nüty SlW",L. He \m}Bd Oouncil not to rush. He r-- ····-ùed that Oouncil taJœ more time and not pIt a """"aure a1 the ballot in NoI.~. Elly Wt.."....c said she appreciated Counc. Szabo's ..............n a!xIut public iJplt. She reminded Counc. Goldman that previQJS pecple a1 the City Oouncil had been voted out. She EIIIIi1asized the need for p,lblic iq:ut. Ms. Werner said renters shculd pay more. She asWoil how an excise tax wculd be collected. Mr. Brown said that residents wculd have the amamt listed on water bills: bJs.iMeses wculd have tbeir ammrts listed on their l::wIiness license tax notice. Possibly, apartment CClTplexes wculd be cb1e this way also. Ann An:Jer asked if the tax wculd a¡:ply to duplcœs and was informed it wculd. Nancy an:nett asked hcw an euployee head camt 1oU.Ùd be dane. · Mr. 5nyder said there is sane reliance a1 Ws1nesses to report the prc::per number or fulltime equivalent. -3- MINtJI'ES OF '!HE Jt.TLY 16, 1990, ADJaJRNED REnJIAR c::rIY CXXJNCIL ME:E:'I'DC (œ-793D) Pa1 Bierman said the sports field users wre the groups responsible for brinqing oonsideration of this measure aOO1t. Now they are losing 8S the ~ m the sports fields waùd be deferred for the p.¡rd1ases. He stated the fields are not safe and sane are not being used because of that. He Blk:>'.J=>ted that the City œy half of FJ.........IL Older am fix the sports field3. He was infoDDed that other ~ space i""",1Þ<I have also always been of canœ.rn. Mr. BrtMn said the upgradinq of the sports fields was going to take a couple of years anyway because of the p,asin;J-in process. It was m:M!Id by Counc. ~1, seoc:njed by Counc. Szabo and pass'Bci unaniIDously to direct staff to prepare two ordinances, me for an excise tax and me for a utilit.y user tax, bath to include a sunset clause not to EÐroeed 25 years, to be for less tlme if possible. Beth ordinances are to include a senior e'-'I'Lim, bath to selVios $25 millim in debt ($2.3 millim for 25 years or less) ¡ the excise tax """"'aure to read $65 per residsnoe/$65 per E!IIplayee¡ the utility tax """"''''me to praII'ide the same rate for busin"--,s önd resiðenoes and that tax to be on gas, electricity and tel~ '~¡ to authotize an additia1al survey 0CIIpn'iJxJ utility user tax aD:JUnt with the excise tax aD:JUnt and inclOOinq 1nfcmœ.tim regardinJ the senior e'-'I,ttm and Q;.nset ..,1",~¡ to authorize a NaI/eId)er ballot -"'me and set 7:00 p.m., August 1, Council Qumh:>r for an 1nfomal public hearinq m the ~,¥sed æ:åinances with any enactment scheduled for August 9. At 10:35 p.m., Council adjourned to August 1, 7:00 p.m. ~~ City Clèrk -4- CI'IY OF ClJPERI'INO, STATE OF CALIFORNIA 10300 '1ut<l<1:; AVENJE, aJPERI'IN'J, CA 95014 TELEPHONE: (4Ca) 252-4505 œ-79JB MINU!'ES OF '!HE ADJOORNID Rm.JIAR CITY roJNCIL MEE:rIN; HErD eN JULY 16, 1990, CXXJNCIL amMBER, CI'lY HAIL, 10300 1U1<1'~ AVENUE. ClJPERI'INO c:u.IP1:RIIA CAlL 'ro ORDER '!be meetinq was called to order by Mayor ~s at 4: 05 p.m. mIL CAlL Came. I'res=1IL: Goldman, ~l, Sorensen, Szabo, Mayor Rogers staff PreserIt: City Manager Brown City ClerK cornelius Director of Public Works Viskr::Nich Director of OCIIIIImity Devel'¥""".L Cowan Assistant to the City Manager Brown Director of Finanœ Snyder Di.rector of Parlæ and Recreatia1 Ccwlinq Public Infomatia1 Officer Rrey City Att.ozney Kilian æAL CXJMJNICATIœs - Na1e. study sessim to review survey cc:n:h1cted by Godbe¡'Fries Oc:mII.u'IicatiCl'lS and proII'ide staff c:lirecticr1 œgardinq possible ballot .........¡re relating to a tax. '!be City MIInager ~ smted the history of t:ha Jwed for a potential tax .......aure and said that staff feela tbar8 are three (- .''1 ~_íls: pn:d1ase of R''''''JA.I..L~ Pana, F.ì........¡L Older Så1oo1 and \.&p,Lade of sd1col playinq fields. He introduoec1 Brian Godbe of GodbejFrles. Mr. Godbe ~ _elrt:ed the methodology used in the survey and reviewed saœ of the questia1S asked and results. He told Cameil of cx:n::lusia1S made frail the survey and infoxmed them that there was a need for b:rn,.ñkIo-1 t'Y'nOIII"'1ity stg)Ort of a:rrj """"CII.Ire presented. Also, a:rrj tax shculd be for no more than 25 years. Hr. Godbe was lIV"'il..hle for questiCl'lS frail Oouncil. -1- þ MINUl'ES OF 'IRE JULY 16, 1990, ADJOORNED RmJ!AR CITi CXXJNCIL MEE:l'ING (œ-793B) It was asJœd if he <"Y'nt"'red the ~L' ~ excise tax figures wi'.:h probable utility tax figures with these surveyed. He said after every poll there are always more ao1e&tiŒ1S to ask. '!he interpclatim of 1XJblic survey rE¡;~·rch is always dan:;¡e.rtx1s. It is difficult to as'100e how the dollar chan;¡es would c:i1an;Je answers. utility taxes in califœ:ni.a have negative OCI'InCt:atiCl'lS. Counc. Szabo requested a secx:n1 opWm as his us-->"ål tells him that a $29 utility user tax would get more aR;>rOVal than a $70 residential tax. Allen Snyder, 10534 Meteor Place, asJœd if there was a breakdown beIbJ8en ~ am þ. ~. He was infu, .._1 that in the oc:.aplete L""IA'LL, there was such a breakdcwn. Nancy amwtt, 729 stendahl I.ane, said people dcn't urxJerstand the meaninq of the teIE. Were thœe surveyed clear rø:¡ardiJ'xJ open space and utility tax. Mr. Godbe said thœe ocn1uct.ing the suzvey did not try to explain. 'Ihœe i_..... are pertinent to any '"""'I"'i9l1, tut not a survey. '!he survey was replicatinq me sentence as if thB persa1 had walked into the votinq booth and just saw a æntenc:e. Ann 1J'qar, MŒrt:a Vista, asked how people were selected to be interviewed. Mr. Godbe stated that they CXI1tracted with Vater Q:ntact services Wiål p.II'ålases the reqistered voter tape traa the county. A CXIIp.lter selects a frequency and gellerates a rarñcm start place. Ms. IJ'qar stated she was a leader in the Prop 13 ........,.,tgn to requiJ:e 2/3 vctes for tax _...~. She realizes that there is a time that it is ~,,¥date to pay taxes. Mr. Brown said that a utility user tax 'oIO',M brinq the most J1JŒV!J'j to the City and is the easiest to administer. It has one fatal flaw; the voters dcn't like it. An excise tax will not generate enaJgh 'ð:1l'S';I to do what the City would like to do. A JDeIID to Council tries to list optiCl'lS available. Mr. Brown said that 'Ian Fries, the other ",...¡ oer of the COI'1SlÙt:.in.J firm, was also presClIt if Cameil had any questiCl'lS, as is Brian Quint fran Janes, Hall, Hill an:\ ~te. -2- t' MINUTES OF '!HE JUT.Ji 16, 1990, AOJaJRNED RÐ:;UL1\R CITI CCXJNCIL MEITrnG (œ-793B) Mr. Snyder pointed aJt that all taxin:J aqencies are AVAI1'{'t fran the excise tax. He was not sure abc:ut utilities or L'1SIJIëU1Oe I"YIIt"'nies. 0n.Irches are also e:--,\,L; banks and sav~ and loans are not. . Upc8'l be~ asked if the property owner or resident wc:W.d pay the excise tax, Mr. ~ l.~pClllded, the resident. '!he excise taxes the users. It cannot be a }'L'¥"L"ty tax, as that \>IWld be a special tax and require a 2/3 vote. It is the bon:i cnmsel's analysis of the law that as laJ;J as the tax is not ~ directly art:o the parcel, it is all right. OÍSC'1Ssion followed regardinq the fairness of sud1 a tax as those living in a studio apart::ment \>IWld pay the same as these livinq in a fh....-l.-:h.UUIl mansim. Uþat beinq asked, Mr. ~ Iespcuded that the tax oculd Jx¡ acoorciin;J to square footage. Mr. Kilian respc:med to Council's questim regardinq oc:mt å1allE!n38 that a validatia1 actim III.1St be filed within 60 days of decisim m the -....Ir8. unless an injunctim were filed, the City """,11'1 collect the tax. Prudence wc:W.d dictate that it be eBDBrJœd. Mr. Kilian told Council that arr;{ fUrther rli."..,'....im regardinq possible litigatim shaùd be in closed sess1m. þ AIm Anger, Ma1ta vista, said that the day after PrqI 13 was I1t!Iss'9d, leqislators tried evm:ythinq to dt:raOL<u)' it. Arrf kind of tax taJœs a 2/3 vote of the peqùe. She invited evetya'1e to a Sept'-.. er 21 leqislative IIIe8tinq and annamœd that the Pacific T"'7'l Famdatia1 will be there. Mr. Kilian clarified that in california, a 2/3 vote for all taxes is not required, a1ly for speci:ol taxes and this applies to General raw cities. Nancy an.-¡..Lt inquired about an initiative to be m the ballot in NaIIeIItIer that aŒm all ~ to this. Mr. Kilian clarified the initiative and that excise and utility taxes are not special taxes. Ra'\ Biennan, 19781 Bixby Drive, asked questiCl'lS reqaItlinq FlelOOllt Older and the upgrade of school playing fields. Darwin 'Ihra1e, 22952 Cricket Hill Road, ~ of the Revenue Generatinq Task Force, said there a:g r.eeds to be aåh:'essed. He requested a breaJ<èown of the $4.6 millim. He also stated that there are collectim prcblems with an excise tax ard he persoo¡ùly has prcblems with sud1 a tax because of inequities. He stated that dollars ard cents are Íllp:>rtant in any tax issue ard needs to be ð.lh.-"'ed. -3- MINtJI'ES OF '!HE JULY 16, 1990, ADJŒlRNED REX:;UU.R CIT'i CXXJNCIL MEErIN:; (œ-793B) He asked if a utility user tax WCJ.lld have a prd:>lem with passing when it WCJ.lld cost less mcney than an excise tax. Allan Bidwell, 11021 aJl:i) Read, asked hew many state bcni ; ..""..... waùd be en the ballot in No\IeIIi)er. Mr. Quint said ,18 did not knew the exact rn "".,.,,., but there wwld be quite a few. Part1aps, a utility tax measure waùd be acoeptab1e if it stated a specific ~ with a guarantee of the percentage being at the lQof end for the first two years. He asIœd about "'-r"ojgn costs. '!be City Att.ozney said the City cannot use ¡:ù>lic funds to advocate a 1X8itim. Public funds oculd be used a1ly to -"".ate. An:in:iepenjent ()/"WIftI;ttee aooeptinq """",ign oantr:ib.rt:iCl'lS waùd be ~e'UY for an advocacy. F.erman Hijmans, 19875 støvens Creek Boulevard, _v-m the opWm that the City CD.Inc:il is bet\Jeerl a rock and a hard place. He stated the business t'Y"ftOI'I1TÚty is m a fence. He felt that the Cameil is runni.n;J ahead of the C"..lVll.. OaIIIIittee. He rec....·-ded that a blue ri1:b::n rY'WIWIIittee of residents and business leaders -i118 the entire fes structure of the City an:l taxes and sales tax enhancement. He does not feel that the CD.Inc:il has had tilDe to do what it _u~." to do. He offered a $500 oc:ntrih1tim toward fODlBtim of a blue r:iJ:Jbc:n rY'WIWIIittee. Mr. cœan said that staff does want to get the I.an:i Use an:l Eoollccic D8Y8l'¥"""1t suñnnnnittees of the citizen C"..lVll.. OaIIIIittee briefed m this issue. '!be C"J>OI1.. rnm.ittee is not makinq a xe()..··_·ldatim to o:mx:il until ~-.~.r, ...hich is past the "l'~ñl ine to place a """"""Jre m the No\IeIIi)er ballot. Mr. Brown said that the issue has been introduced to the Goals OaIIIIittee. He also feels the two BUbo ···..;ttees shoold have a briefing. NarIC'j RD:no=Ll, _.~ -ex of the Goals a:mmittee, said that the C'hmIn'\i.ty Identity S\J)'vY'onmittee waùd aJ.so be interested. In regard to a utility USE'XS tax, she asIœd if it "Iere possible to have it œ~ m the OCJI'ISUI1ption amount and not the dollar amount. Mr. Kilian said he SURJOSed it cx:W.d be ~lied w raw COTISUIIptim and not cost. -4- MINlJI'ES OF '!HE JUrJi 16, 1990, ~ REnJIAR CIT'{ CXXJNCIL HEE:l'llC (CC-793B) Eleanor Werner, 20076 I.a Rcdt'., asJœd questiCl'lS regardirq the $20 million payback to the General F\Jnd frail park develq;¡er fees. Mr. Brown explained what it was for and that it was $15-16 million. Ms. Werner expressed concern regard:iJY,J level of sezvices to the City beinq in jecplrdy "--,.... of p.u:t:hases 1IIIIIde. She asJœd if, in fact, a tax was rDt linJœcl to the parcel ~ it is baged m bprcvements to i"-~t.y. In answer to her questim regard:iJY,J "II.........r of acres of q&1 space in 0JpertiIX>, she was infomed that there are 102 acres of open "If"'V'" and park land. She was also inf... ......i that there is potential of a¡:.praxiJIBtely 1700 mare residential units inc1u:lin;J a ffiN acres of unir.........}'UIoated land ~ål the City will p:rcœblyannex. Ms. Werner stated that ~L...IUy the theme of prat:ect.ing the envh.........IL and open ~ is the "sexy" t:hinq to do. ~t l'Y'WI'IØA to her mind is - city J.ambankin;J. She as)rM hew the city ocW.d justify another 1xI1d issue ~ the last :taxis are rDt retired frail the ¡m:å1ase of another sc:tIcol site. Mayor Rogers infÚLbal her that, unfortunately, the City cannot always d100se when these ~t:unities arise. Ann An,;er said she understood that Blackbeny FanII is m the market. If so, she wcotld li1œ it to be a park. She ~~ed IUY.)8r because the city spent so IIUCh m 8p8C"i..l interest grcups. She felt this was bad foresight. Beez Jmes, ,,_.J -er of the Goals l"ronIIi~ and the PIu:U and Recreatim II'JIx> .....Ittee, said that Wed! u~ night the staff shculd explain this issue to thea. PBcple are worldn:¡ hazù and deserve a full explanatim of i"-""i'"'L ties the City wants to J:uy and the tax i_-. Mr. Godbe told Council that his bias is to be m the c:œserlative side. He has no data to base any IISSI.IIIptia1 of a utility user tax passing at $29.00. He ~; II lilted material frail the cal Tax newsletter pert:.ainin;J to utility user tax ..........lre& and stated he is rDt sure a utility user tax is a good risk. Mr. Brown reviewed the cal Tax news data. -5- MINtJI'ES OF '!HE JUU{ 16, 1990, ADJaJRNED REGJI.AR CI'IY CXXJNCIL ~ (œ-793B) Came. Szabo said he is an advocate of a utility users tax. 'lbere is a basic fairness aba1t it; an excise tax .if; perilauJly close to cx:urt challerqe and there is a collection prà:>lem for an excise tax. He requester:I that bath optiCl'lS be imrestigated am Cameil make a final dec:isim August 9. He expressed Cúr...élT1 that the public did not have enough infomatim regazùinq the two tax -<ZIJreø that \oICUld be t'lilOi"t1S'9«1. He felt théat staff shcW.d prepare two ordinances. Counc. I<'q:p!l said the þIAa"':\re K qJpOEIitim was based m lack of fairness. 'Ihœe in higher priced hanes paid mare. She ~_8ed ca~ rø;arding havinq any -aure m the NoI/eIIi:)el ballot. She aslrM Mmt prà:>lems \oICUld result it Council waited until April tor an electi.a1 am """tAL -'It! o........m regazùinq tight tiJDe limits for a NcI'....4I:..... electim. Mr. Brown stated that an electim in April will have a la.<er turnout; the infrequent vota:s do not vote. A lot of work ~d have to be ck:ne to get voters cut. Mayor ~. ~ ........e'i!d the opinion that the climate in regard to taxes is less good in April for various reasa1S. Counc. Sorensen said that originally she was in sun> u.L of a utility users tax; however, after seein1 the smvey results and t.alkin¡ to people, she has fani that this """"""nUty is '"fI""'ged to a \.o"tility users tax. '!here is a fesling of lack of ~1L<ul OYer utility bills as they get higher. She did exple..& ~-m regard.inq this t'Iooçisiat beinq made prior to oœpletim of the (".....,1.. l"rImIittee wœ:k, however, she realized that April woo\ld not be a good tÚIe for an electi.a1. Counc. Goldman said the:re is a need to acquire cpen "11- and it does mean passinq a tax -"':\re. He does not foel anythinq would pass in April. He """tAL ...... the opinian t-'1at the poll taJœn was fair. !ie, too, had talJœd to people in the ~nUty and they ~ly prefer an excise tax. '!hey kr1cIi what ama.mt they ".ill be payinq and it will stay the same. Mr. Goldman stated that he ~d li1œ the same amount that residents pay awlied to what bJs.iJ-a'Zs pay per E!IIployee, either $70 and $70 or $60 and $60. Hcwever, all of Ocuncil IIIJSt I:uy into this or it shcW.d not be done. Counc. l(q:pel said she will go for a November ballot -aure and ~L ,B that it IIIJSt be a UJ1êIlÙJIIas t'lAt-i"im m Cameil's part. She felt that the ðIDJUI'1t for E!IIployees cnùd be different than the ama.mt per household as b..!siness pays for each euployee. -6- r KDI!1l'!S OF 'mE JULY 16, 1990, ADJa.1RNE!) Rm.IL\R CIT'i cx::ufCIL l'IUi.uJG (00-7938) cun::. ("....].-.¡ said he just felt that it waùd be better it it'. Q'18 p.........., the sbpler, the JIICIre effectiV8 traD a IIIIIrkat:.inq lItan:Jpoint. At 6:05 p.II., Oouncil adjourned to 8:30 p.lI. to 0a1tirue rli..........i.a1 of this matter. crrtZ2f ~ City erK -7- CIT'i OF aJP'ERTINJ, STATE OF CALIF\::RfIA 10300 '~1.lliIQ; AVENUE, CUPERTIN::>, Ch 95014 'I'EIEFfDlE: (408) 252-4505 œ-793C MINtJI'ES OF '!HE ADJCURNED REGJIAR CI'IY CXXJNCIL ~ HErD CN JULY 16, 1990, <:nœERDrCE RXM A, CITY HAIL, 10300 '.LUI<t<t; AVENJE, aJPERl'nI) CALIFC.II<NIA CAlL 'ro ORDER '!be meetinq was called to order by Mayor Rogers at 6: 25 p.m. Co.Jnc. Present: Goldlban, Kq.pel, Sorensen, Szabo, Mayor Rcgers staff Present: City ClerK COrnelius ORAL CDHJNICATIœs - Na1e. Interview of awlicants for an a¡p:>iul..uo...L to the CUpertino Energy Chnrni ....1m. Followinq interviews, it was D:MId by Co.Jnc. Fq:pel, seoanded by Counc. s.......L en and P"--ed ~y to a¡p:>int Debra Friedenberg to the Energy Chnrni ....ia1 to CX'IIplete the te1:m expiring Ja1"IJa%Y, 1992. At 6:50 p.m., Oouncil adjcumød to 8:30 p.m., Oouncil ctunnhoar, JUly 16, to ocntirJ.Je the study sessia1 to review a survey ocmucted by r~ Fries Q:møJni.caticrB and provide staff directim regardinq a I'O"'9ible œnat -....1X'8 relating to a tax. ~¿Ç C Cl 4~¿f.: . . . CI'IY OF CI1PERI'INO, STATE OF CAI..IFCRITA 10300 '1ut<t<t; A~'.JE, a.JPERl'n«>, CA 95014 TEIEPtDIE: (408) 252-4505 MINtJ1'ES OF 'lliE REX>UIAR CITY <nJNCIL lou2a".lJ'G HErD œ JULY 16, 1990, CXXINCIl. awmER, CI.'lY HAIL, 10300 '1 IJ!(I(,t; AVENUE, aJPERl'IN:), CAI.I:R:HIIA œ-794 SAllJ1'E 'ro '!HE FIM; '!be meetinq was called to order by Mayor ~.. at 7:03 p.m. mIL CAlL Counc. ~!I'ellt: Goldman, Kqpel, Sorensen, Szal.o, Mayor Rog&s þ Staff Present: City Manager Brown City Clerk COrnelius Director of Public Works ViBJa:wich Director of lhmonrlty Devel'¥"""1t Cowan ~istant to the City Manager Brown DiIector of Finance snyder Director of Parks arxi Recreatia1 Ccwling Public Infomation Officer Rrey City Attorney Kilian Mayor a:Jgers annoonoed the 8R'OLII.........L of Debra FrlederbeJ:g to the Energy C'rmrn;....i.a1. ~ staff requests Z'E!IIXNal of Item No. 15. It was lIIOVed by Counc. Szabo, ~.:Jo:d by Counc. Sorensen and P""'<>«i UJ1êIlÙJIIasly to rE!IIIaII8 Item No. 15 frail the agenda, to continue Item No. 7 to the œet.inq of August 6, and to continue Item No. 16 to the meet:in:J of August 20. CE:Rm:tUAL MA'ITERS - PRESENrM'Iœs - Na1e. ORAL a::HIJNICATIOOS John Timms, repreænting CUpertiIX> senior Day Sezvloes, aI11'ICUIx:ed that Friday, July 20, was the ëIg\!!Iq's loth anniversazy celebration and invited Cameil to attend. -1- . MINlJI'ES OF '!HE JULY 16, 1990, RmJlAR CIT'i CDJl~.:::rL MEETING (œ-794) ca5ENl' ~ Came. Sorensen requested the remcval of Item No.3. It was DK:Ned by Counc. Sorensen, seconded by Came. Goldman and I"'",sed l.InëIIÚlID.Isly to approlle the balance of the Consent calerñar as sul:lDitted. Consent Calendar 1. Resolutim No. 8164: "A Resolution of the city Council of the City of CUpertiIX> Makin;J Detenn:inations am Approvinq the Ar1nmœtim of PrqJerty Designated "Ianita AverøJe 90-07". 2. Review of AlcOOolic Beverage o....LLul Li.cense ~lication filed for Payless Drug store '4240, 20580 :iaDestead Read. 3. ReIJL"'ed frail the Ca1sent calemar . 4. Resolutim No. 8179: "A Resolution of the city Council of the City of CUpertiIX> ~inq Cart:ract CharJge Order No. 1 for Viceroy COJrt Stol:m Drain, Project 90-6013." 5. Resolutim No. 8182: "A Resolution of the city Council of the City of CUpertiIX> Allowinq Certain CliÚJIIs and Demands Payable in the A100unts and Fran the PUnds as Hereinafter Described for General and Misoe1laneous Expenditures for the Period Endinq JUne 29, 1990." 6. Resolutim No. 8183: "A Resolutim of the City Oouncil of the City of CUpertir.o Allowinq Certain CliÚJIIs and Demanàs Payable in the A100unts am frail the PUnds as Hereinafter Described for Salaries am Wages for the Payroll Period Erñin;J JUly 3, 1990." 7. ~licatim AS1IC 51,903.1 - ~ ¡.lIoll- - Request for review and approval of final site and ard1it:ect:ure for a single family resiœnce in the I.Jn-1:hased area of the Seven Sprinqs Devel'¥"""It. site is located at the northwest corner of PLUÞ-pect Read and stauffer Iðne. ~~-.-._Irled for~. 8. ~y Activity Report, JUne 1990. 9. ~y Treasurer's and aJdget Report, June, 1990. . -2- MINUI'ES OF '!HE JULY 16, 1990, REX;UIAR CITY a:xJNCIL MEE'I'I}«; (œ-794) 10. Minutes of the regular meetin;J of JUne 18, 1990. 11. Minutes of the adjoorned regular meetinq of JUne 21, 1990. 12. Minutes of the adjoorned regular meeting of JUne 24, 1990. 13. Minutes of the adjoorned regular meeting of JUne 25, 1990. 14. Minutes of the adjoorned regular meetinq of July 2, 1990. vote MeItèers of the city Council AYES: NOES: ABSENI': ABSTAIN: Goldman, Na1e Na1e None ~l, Sorensen, Szabo, Mayor Rcgers ITEMS REHJ\1ED FH:H a:tEENI' ~ 3. Resolution No. 8178: "A Resolutim of the ctty 0Juncil of the City of QJpertino Authorizing Ao"..........t with central Fire Protectim District ~ Installatia1 of Traffic Signal Ð..=~"'.1 Vehicle PL~Li.at System at Various IntersectiCl'lS within the City of CUpertino." courx:il su;¡gested the J:'L""",,¥Lim system be mentia1ed to the Sheriff's Department and pe..._n-iiCS. It was DK:Ned by Came. Sorensen, seoc..:Jo:d by Counc. Goldman and pell¡'e9d unaniJJø.¡sly to adept Resolutim No. 8178. EUBLIC HE'ARDQ 15. Previously remaved fram the agenda. 16. ~1 of Architectural and site Awravall"rlmlittee's requirement for :i:nsta11atim of curt:> and five foot planter by Tandem 0::IIp.Iter, 10400 Tantau Averue, ~lication ASAC 51,899.1. Aæ-l filed by UO}'d Clark, Project Manager, Tandem CCIIp1ters, IncolpoIated. (Previously oantinued to the meetinq of A1.1gust 20, 1990.) -3- Traffic Signal Emergency Vehicl. Preempt ion Sys tel . App. 13-U-90 . November election . MINl1I'ES OF 'I1Œ JUI1l 16, 1990, RmJIAR CI'lY caJNCIL MŒl'DC (œ-794) PIJINNIN:; APPLICATIœs 17. ~licatim 13-u-90 - Terry Brown - P-J-t for USe P8Im.i.t to .......L<1JCt Ii 1,700 sq. tt. sinqle family dwellinq in a Planned D8Y8l,¥"""IL Za1inq district. Envh........tLal Detexminatim: categarically E> ~ .L. '!he prcpert:y is located at the northeast ................ of Lallita Drive and 0l'aIY;e Averue. RJe(. ·..·-·idoad for ~. It was maved 17;{ Counc. Kq:pel, aeculdtod 17;{ Counc. So1:éL en and p"E'<J«'I unanimcusly to ~U\/8 the a¡plicatim per Plann:ing n-w....i_ia1 Resolutim No. 4274. ~ AND SITE APPR:WAL CXJoKtTIEE APPLICATIœs 18. Na1e. UNFINISHED H1SDŒSS 19. Na1e. Nnf RJSDIESS 20. Ocnd.œraticn of NcI......... 6, 1990, the two11ot. callin¡ an electicn to be held for ¡:mpcøe of p1"Cinq -aure(s) m a) ßesoJ.utiCIl No. 8184: "A ResolutiCll of the City Oouncil of the City of 0Jpert.in0 calling for a Speci ..J II.micipal Electicn for the Puzpose of RnhRi:ttinq an Advisory )fouI"'u:e B&tore the Qualified Voters." b) ResolutiCll No. 8185: "A Resolutia1 of the City Council O'¿ the City of O,¡pert.im R8questin¡ the Board of SUpervisors of santa Clara Q:Iunty to Provide for the CCDIolidatim of a Sp-i ..1 1tJn1ci~ Electicn with the state of california ElectiCl1 to be Held NcI.......... 6, 1990." It was maved 17;{ 0U1c. l&'g)el and ~.:Jo:d by Came. Szabo to adept: the two resolutiCl'lS regardinq an advisory -"'u:e with the cxniitia1 that this be m the NoIIeabD: ballot if a tax -aure is and that it be aut:aDatica1ly rescinded if no tax """""'Jre is adqJted by A1ç1st 10. City Att.ozney Kilian pointed out that in the future the City camcil oculd c:han;¡e the result of the vote beinq taken at this time. -4- MINtJI'ES OF '!HE JUU{ 16, 1990, REX:;UIAR CITY o::uNCIL MEFrIN:; (œ-794) NêIn::y B.1rnet:t, 729 steOOahl lane, OJperti..Y)O, said she WI!UI having trouble with the _'"\Ire !IlÒ WOIùd like Council to rescin:i the fœ:am: decisim. She as)r-' 10ihat a no vote wculd ~ ~..........,L, a18 is persmally agai!1St the a1ly a18 affected by this -"'1%'8, or it oculd be a vote against advisory -"'n:es. '!he JlPtim was adc.pt:.ed with Counc. Goldman !IlÒ Mayor 1Ð;e1:s ñiøonentirq.. 21. List of 188'- and questiaw of the interim use t"Y'OI'IIIi ttee, 0Jpertin0 Sports Center. Mr. Ccwling told Council the reacticxt of the ParIaI !IlÒ Recreatim l"rwIoni_iat. '!hey wculd like the interim use fees to cover cperatinq costs. Dick I.àmdller, ~ of the :IrIterlJII Use l"rwIonittee, }'L SSIrt;ed e--n"les of fes structures. Cameil 8UÇI9Mted the use of vo),unteers in exd1an;J8 for ocurt ¡r-ivileges. Sharon ColDln, 0Iair of the ~--4rlm Use O::mIIittee, WI!UI available for questicns. D:i ec"aaioo followed regardinq interim fees coverinq ~tinq costs and the pctential of the facility ul timate1y 1-' ...i"lq self "'w ... Ling in q¡eratimal oosts within the next: 12-18 mcnths. '!he ~ WI!UI ~ this oculd be dcrIe withaJt puttinq rates so high that a large portic:n of O,¡pert.im ~ WJlùd be disenfranàúsed and our rates wc.ùd not be in 0 ..,'OItitia1 with other lY'OIWIIInUties. Mr. I..å1miller stated that the CULL.1t fees are not 0CIIIinq close to oaverinq costs. If the fees wre pi....... III.1Cb higher, pràJably sane p8q)le '-'CUld step usinq the facility. Na1-resident fees are already higher than resident fees. Mr. IdmLUler requested that Cameil cákh.....s the """"'"ership iss1Je . Ccunc. Goldman stated that he wanted the l'Y'ONI'I"'1ity service option, not a private club. E.'IIeryme should have reasc.nable a,........e. He stated he WI!UI a!:isolutely against c.ption B. Mr. Id1miller said there are plenty of free temis ooorts if this facility is made a .........¡ ..".<:óhip facility. -5- Interim Use Committee-Sports Center ~ OF 'mE JULY 16, 1990, REX>UIAR CITY CUJNcrL ~ (œ-794) Ca.lr'L"':. Szabo stated the city bcu;Jht the lanj; breaJd.rg 8Y8n is not so inp:>rtant. He WQ.Ùc' not play at $8-10 an boor fees. A meubersh.ip club is reaHy more geared for tltV'iAl activities. '!be CUpertino Sporbl Center is a "'--"'1ity sezvice. He urged the involwment of voll.U1teer8 in operat.irç the facility and poir.ted rot that SUra1yvale's facility is close to breakinq even. Mr. Ccwlin;J inf...u....d Cameil that the facility in SUra1yvale operated at a loss the first ~ years. By consensus, Council erxkIrsed the I'YWmllnúty sezvioe cptia1 anj Fes StJ:u:ture No. 1. It was DK:Ned by Came. Goldman and seca>Jt...l by Counc. 5vL..._ en to "H-'L""" the O,¡pert.im Sports Center as a ...--núty sezvioe and leave the fes st:ruc:ture as it is or lower, if possible, and to involve the use of voll.U1teer8. Cameil decided to defer vote m that matim until after the other iaaue (Is the facility itself to be Ill.Ùti-sports?) is resolved. Ii:Jtiat and BeCMd were witJxb:awn. By consensus, Council ~.....c1 that the QJpertino Sports Center is to be a Ill.Ùti~ts cc:aplex by itself. '1be interim basis a1ly is being aM.. -~ at this time. Oouncil ~_""ted sud1 thin;Js as sand volleytell, basIœt:ball and other sports that oculd œ p.zt in pJ "I"'" without expemiture of a lot of 1II:I18Y. It was DK:Ned by Counc. so...... Inn, seca.:Jo:d by Counc. ~1 and pE"¡"secl unanimcusJ.y that the 0Jpertin0 Sports 0Imter alme is to be a III1lti~ls facility; the intarim t'Y'WI'Iftittee is to look at sand volleyball. '1be facility is to be a I"Y'Om'Inúty sezvioe facility with a basic l8Y8l of r&YelIJØ. '1be use of volunteers is to be -i"l8d and 1Dplemented if possible. Fees are not to be l"'i-d. By oonsensus, Council ~ a joint CounciljParJes and Recreation C"rImIi....im and Interi1II Use C"rImIittee meet:in:J to be held octàJer 16 at 5:00 p.m. WRITrm CXH1UNICATIOOS 22. Na1e. -6- , MINUI'ES OF '!HE JULY 16, 1990, RJ:nJI.AR CITY roJNCIL 1'IlL.l'.u«> (œ-794) œDINANCES 23. 5eccn:l ræding and enactment of ordinance No. 1534: "An ordinance of the city Oouncil of the City of CUpertiIX> .Amerxii.n¡ 01apter 11.24.150 of the 0Jp0rtin0 M.micipal COde Relating to stcppÜç, starxtinq, or Parkin;¡' on Scenic BcW.evard." Terry Brown, 10230 Scenic Boulevard, stated that he and a neighbor are most affected by the i'L' ~<sec1 orc:iiJ'Iame. '!his is an R-l neighbamood and witha.tt the c:urtøide parkinq, there waãd be no guest parkinq. Cars paJ:iœd m a narrcw ..LL....t ,,,,,,,...lly slow the ~nd of traffic. He stated he does not believe the ban is r--nnry and it will create a prå:llem for the i-'li..te œsident:s. Mr. VisJa:wiå1 said the ordinancE. is bein:.; p..'~oC!Iec1 ~ a letter was received via the SCUrXIoffs that said th8nt ill a prå:llem. staff reviøoIIec1 the area and fc:urñ the .L<..øt narrcw and no parkinq III8ets the City standaIds m that narrcw a ..L<_t. Oouncil inq.úrec2 regarding banninq parkinq m cnly me side and was intu, ..-11 it WO'ùd be better not to enact the orc:iiJ'Iame . Mr. Brown said the prà:Il811 may have ocx:urred ~. __ devel,¥""",L was goinq m and haDes WBre under oa...LL\JCt'ia1. At that time, there WBre truc1cs in the area. Mr. VisJa:wicn said that staff is authorized to stripe up to 50 feet if they fesl it is ~"ny. It was DK:Ned by Chmc. }Ctypel, seo....:Jo:d by Came. So1.__ sn and p"e"'«1 ~y to deny enacbDent of the orc:iiJ'Iame. Mr. Michael Galane, 10195 Scenic Boulevard, as""'" that he and Mr. Brown be notified should this OCIIIB up again. '!he City Att.ozney asJœd him to lea...e his name and ðå:h.....s with the City Clerk. 24. Seccn:i readin:J and enactment of 0J:tlinance No. 1530: "An Ot'dinance of the City Council of the City or CUpertiIX> Amerxiin¡ Sectim 1 of 0J:tlinance No. 2 By Pezminq ~tely 2.07 J\t:::œs fran BQ Za1e to Rl-7.5 Za1e; Ia:ated m the North Side of McClellan Road, 130 Ft. West of Byme AveruJe (~licatim 3-Z-90, First Baptist Qrurch, Mc.nt:a vista) ." -7- Ord. 1534 . 2nd reading of Ord. 1530 Ord. 1530 enacted .. Cent..r CMA rep.. . MINl1I'ES OF '!HE JULY 16, 1990, RmJIAR CITY CXXJNCIL MEE.TnC (CC-794) It was DK:Ned by Counc. ICrßJel, seocnied by Came. Sorensen and I"'e"'«! unanimously to read 0rdinImce No. 1530 t7¡ title a1ly and the City ClerK's readin;J to Oa1Stitute the seoo.L1 readin1 thereof. It was DK:Ned by Counc. JCqpal, secc:nBi by Came. Sorensen and paeged UJ1êIlÙJIIasly to enact Ordinance No. 1530. REroI11l'Iœs 25. Na1e. ~~1:) 26. Oral u,¡.....~Ls by staff -,,~..,...rs - Na1e. 27. Notificatim of PlanrIirq C'roIoni -im decisim to cx:nli.der requests for private general plan éIIIIeIÙb.....Ls. Cameil received the L"'I'ULL. 28. Update m status of City Center CXIIpJ.ex, southeast oou..... of stevens exee:~ Boulevard and DeAnza Boulevard. 'Ihe City MIIni!Iger infOt'lDBd CCIuncil that Hr. St'iebel and he had ~-cl that it was no lagel 1'1&:- .ry to have a negotiator as no active negotiatiCl'lS are goinq m. Ccpies of Hr. stieœJ.'s letter are lIVI'Iilllble to the public. CXXINCIL ~1:) 29. Mayor Rega.. West Valley Kayars and Managers CI::n:]esti.a'1 Mana-~ -IL Authority - It was DK:Ned by Came. lI'q:Ipe1, II8OCI1ded t7¡ Counc. SOrensen and pot-ad l.II'IaniJDcusly to ccnsider actia1 m this item as it CXIII8 up after the postinq of the agenda and actim was 1'IeC"-t!'lIry prior to the next meetinq. It was DK:Ned by Counc. ~, 8eOCI'Jded by Came. Szabo and I"'P9ed l.II'IaniJDcusly to ratify Jàm Ash!oIarth of r.....1 ~>el] as ¡~ Be'lItative and Joanne Benjamin of I.os Gatos as alternate with a rotation sd1edu1e of QJpertino, Saratoga and M:Jnte 5o:L....... Also ratified were the 3/5 vote: that if a city c::hc-.:-E''9S to pass its term, that city mcves down me step: that the alternate will lIICJYe up to sezve as lqu. cs:...tdtive: that if me has served as l"t'L Ii" .¡I.ative for more than half a regular term, that per&a'I may not serve a ocnsecutive full term as l"t'L rlllLative: and that the alternate is to be an å:JseIver and not It participant unless he or she wants to ask a questim that has not been asked. -8- · . MINUTES OF 'IHE JUI}f 16, 1990, R'nJì..AR CITY aXJNCE.. ~ (œ-794) At 8:50 p.m., t::nmcil adjourned to a Closed sessim in Cc:nfetelo::.. RealI A for a matter of labor negoth.tiCl'lS. axux:il reconvened in "",..LeI at 8:55 p.m. axux:. Present: }{cg)el, Sorensen, Szabo, Mayor Rcgers axux:. Absent: Counc. Goldman staff Present: City Manager Brown City ClerK comelius Director of Public War!œ VisJa:Nich Director of n-m"1ity D8Y8l............L Cowan Assistant to the City Manager Brown Director of Finance Snyder Director of I'erkB and Recreatim Ccwling Public InfODllatim otfiœr JCrey City Att.ozney Kilian It was DK:Ned by Counc. Su.._ nn, -....ded by Counc. Xq:peJ. and ~D~ed unanimcusly (4-0) to ctizect staff to 1'L~ a Memorandum of tb:Ierstaminq with the 0pBratin;J Ðgineer& as per closed sessim and to ilL s .t it to Oouncil for ~oval m J\u;JUSt 6. At 9:00 p.m., Oouncil adjcurned. A2. ~ éity Cl~ -9- Closed Session