CC 05-15-95 CC-902
MINUTES
~-- Cupertino City Council
Regular Meeting
May 15, 1995
6:45 p.m.
PLEDGE OF ALLEGIANCE
At 6:45 p.m., Dean called the meeting to order and led the Pledge of Allegiance.
ROLL CALL
Council members present: $ohn Bautista, Don Burnett, Barbara Koppel, Lauralee
Sorensen and Wally Dean. Council members absent: None.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; Administrative
Services Director Carol Atwood; Community Development Director Bob Cowan; City
Attorney Charles Kilian; Parks and Recreation Director Steve Dowling; Public
Information Officer Donna Krey; Public Works Director Bert Viskovich; and Planner II
Vera G-il..
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
Koppel moved and Sorensen seconded to approve the Consent Calendar as presented.
The motion carried 5-0.
1. Resolution No. 9332: Accounts Payable, April 28, 1995.
2. Resolution No. 9333: Accounts Payable, May 5, 1995.
3. Resolution No. 9334: Payroll, May 5, 1995.
4. Review of application for Alcoholic Beverage Control license, PjzTaria, 20956
Homestead Road, Suite H, Cupertino.
5. Resolution No. 9335: Making determinations and approving the annexation of
territory designated "Upland Way 94-08", approximately 0.91 acre located on the
west side of Upland Way between Rainbow Drive and Bubb Road; Wooley (APN
366-03-009).
6. Resolution No. 9336: Approving Contract Change Order No. 19 for Cupertino
Nine School Site Improvements, Project 93-9106.
May 15, 1995 Cupertino City Council Page 2
7. Resolution No. 9337: Approving Contract Change Order No. 2 for Bubb Road
Sidewalk Project 94-111.
8. Resolution No. 9338: Approving pamel map and improvement plans of property
located at 10120 Crescent Road, APN 326-17-023; Developer, Clemen G. Jue and
Miu Chiang Jue, authorizing execution of improvement agreement; authorizing
signing of parcel map and improvement plans.
9. Resolution No. 9339: Authorizing execution of agreement with Clemen G. Jue
and Miu Chiang Jue for the undergrounding of utilities on a deferred basis at
10120 Crescent Road.
10. Resolution No. 9340: Accepting quitclaim deed from Clemen G. Jue and Miu
Chiang Jue; 10120 Crescent Road.
11. Acceptance of municipal improvements: Daryoush Marhamat and Mohammad
Estehbanaty project at 10074 Santa Clara Avenue.
12. Request for fee waiver by Sheriff's Officer Association for use of Blackben3,
Farm on June 17, 1995.
13. Minutes of the regular meeting of May 1, 1995.
Vote Members of the City Council
AYES: Bautista, Bumett, Dean, Koppel, and Sorensen.
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
14. Resolution No. 9341: Ordering abatement of public nuisance at 642 Miller
Avenue. (Nuisance has been abated. No action required.)
Council concurred to table this item.
The City Attorney suggested that the agenda be reordered so that related items 15 and 20
would be discussed together. Mayor Dean reordered the agenda to accommodate that
suggestion, and because the auction on item No. 17 was not yet completed.
May 15, 1995 Cupertino City Council Page 3
NEW BUSINESS
16. Authorization to approve fourth q-after basic cable rate increase for both TCI
systems in Cupertino.
The Public Information Officer reviewed the staff report. The City Attorney
explained that if the increase were not approved, TCI planned to appeal to the
Federal Communications Commission (FCC). The end result may be that the
City would be decertified and TCI would be unregulated.
Koppel asked how much city staff time is spent on the quarterly increases. The
Public Infoimafion Officer explained that her time on cable issues had gone from
30% before rate regulation to about 60%, although she could not specify how
much of that was specifically tied to the quarterly rate increases. The Public
Information Officer explained that one option is require an accounting order,
which would allow the cable company to proceed with the increase but give the
city the fight to order refunds if that increase proves unjustified as a result of
information that is later received.
Koppel moved to (1) Authorize fourth-q-after basic cable service increases for
both systems in Cupertino; (2) Write a letter to TCI indicating the council's
dissatisfaction with the company's q. arterly rate increase policy, its customer
service policies and its technical quality, and specifying the amount of staff hours
spent on this function; and (3) Issue an accounting order for the 27-cent increase.
Sorensen seconded, and the motion carried 5-0.
18. Selection of name change for Fremont Older school site.
The Parks and Recreation Director reviewed the report. Koppel moved and
Burnett seconded to rename the Fremont Older site "Creekside Park." The
motion carried 5-0.
19. Request from Community Housing Developers for additional funds for Stevens
Creek/Tantau development.
Vera Gil, Planner II, reviewed the staff report. She said that the funds were for
the residential portion of the project only. The City Attorney said that the County
did not award the full amount of funds which Community Housing Developers
had requested because of the City of Cupertino's surplus of housing funds.
Discussion followed on whether it was likely another project would come forward
to request Community Development Block Grant (CDBG) funds or if the money
should be utilized for this existing project.
· . May 15, 1995 Cupertino City Council Page 4
Koppel moved to approve the request for an additional $121,000 loan subject to
~-- these conditions:
1. Community Housing Developers shall submit to the Affordable Housing
Committee and City staff a pest-construction audit performed by an
independent auditor within three months after completion of construction.
2. Any project savings would be used to pay down the principal on the City
loan.
3. A final pro-forma would be submitted to the City prior to the beginning of
construction.
4. Community Housing Developers shall seek additional funding sources for
any future project overages.
5. The $121,000 will be a loan secured by a deed of trust. Loan teiais to be
recommended by a City loan committee and referred to the City Council
for final appwval.
6. The loan committee shall explore the possibility of a minimum payment of
3% simple interest or a percentage of residuo! receipts, whichever is more.
Sorensen seconded, and the motion carried 5-0.
UNFINISHED BUSINESS
Item Nos. 15 and 20 were discussed together
15. Application No. 9-U-94 Forge/Homestead - Architectural review and
recommendation from the Planning Commission for an administrative approval of
a minor change in a project in accordance with Chapter 19.132 of the Cupertino
Municipal Code; project is located at 20691 Homestead Road. (Related item is
Ordinance No. 1680, Item No. 20.) Continued from May 1.
The Community Development Director reviewed the staff report.
Mr. John Vidovich, representing the applicant, reviewed his latest proposal, which
was to put two-story units on the perimeter and 3-story units on the interior, and
to extend the median on Homestead Road from Franco Court to De Anza
Boulevard. This proposal would total 196 uoits. Baufista said that a request was
made to provide a plan for 190 units, and asked why that was not done.
Mr. Vidovich said that allowing three-story units in the interior would create a
tremendous amount of open space, and six fewer units would not make a
difference visually. The housing mitigation requirements that must be met result
May 15, 1/)95 Cupertino City Council Page $
in certain minimums of density, and allowing 196 units it important for that
~-- reason. To bifurcate a building would not be aesthetically pleasing.
Bautista said the median would help address issues of safety and increased traffic.
The Public Works Director said that the estimated cost of the median would be
about $250,000, and would be in the middle of Homestead Road where the two-
way left turn exists today. Mr. Vidovich said that it was his request to install the
median, and he would do so without reimbursement from the city or from other
property owners if that's that the Council desires. The City Attorney clarified that
staff is not recommending that the median be an absolute requirement for the
pwject, but that it was a voluntary offer from the applicant.
Discussion followed regarding Mr. Vidovich's earlier offer to donate funds to the
schools. Koppel moved to reconfirm the vote of May 1 that Council not accept
the grant of computers for schools.
Dean opened the public hearing. Ms. Karen Bumett, Coordinator of Info~,,,ation
Services for Fremont Union High School District, said she was representing
Superintendent Panucci. She said that there is a very real need for support from
the community for school computers and library materials. The community does
support education, and they hope to continue that partnership in many venues and
arenas. Any support would be appreciated.
Ms. Lynore Slaton, President of the Cupertino Countrywood Homeowners
Association, said they have not received any information about the median and
would like to have an opportunity for input. She discussed the original 2-2 vote of
Council for an all two-story complex, and Mayor Dean's request for a grant for
school computers. Then when Council requested 190 units, it was their
understanding that Council again wanted an all two-story project. It is unclear
what has happened to the grant and the smaller project.
Dean said that the issue is not the number of units, because Council has more
restricted control over the number of units than on noLu~l developments, but if is
more an issue of height. Then there was a discussion about making a trade for
some three-story units in exchange for money for the schools. The median is a
new proposal.
Ms. Slaton said that her association would still like to see a two-story
development next door to them.
Mr. Edward Merlo, 11079 Flowering Pear, said he was also a resident of
Countrywood. He said there, was also a 178-unit plan voted on as well in
February. He said that the median would give the new development full access,
but would cut off all access for left turns from Countrywood, and he would
oppose that.
May 15, 1995 Cupertino City Council Page 6
The Community Development Director said the median would be a public works
project, and no~mally people would be contacted about the impact on their
property, but it is possible to have theoretical approval of a median without
having exact tuming points described at this time.
Bumett seconded Koppel's motion not to accept the grant of computers for
schools. The motion carried 3-2, with Dean and Sorensen voting no.
Sorensen moved to accept the proposal for 196 units, with 2-stories on the
perimeter and 3 stories on the interior. The developer shall be required, based
upon his voluntary request, to place a median from Franco Court to De Anza
Boulevard, at the discretion of the city aider other decisions have been made on
whether the median is required and what its configuration will be. The
approximate cost of the median will $250,000. Bumett seconded, and the motion
carried 3-2 with Koppel and Dean voting no.
Sorensen said she would like to see the proposed site plans informally, but not
brought back before Council.
Bautista said that he wanted it to be clear that there will be a median unless
Council decided otherwise after public input.
20. Second reading and enactment of Ordinance No. 1680: "An Ordinance of the
City Council of the City of Cupertino Approving a Zone Change of a 9.26 Acre
Parcel from A-215 to P(Resolution 10-20), Planned Residential Development for
10-20 Units Per Gross Acre (Application 3-Z-94).' (Forge/Homestead project
continued from April 17, 1995.) Continued from May 1.
The City Clerk read the title of the ordinance. Burner moved and Sorensen
seconded to read the ordinance by title only, and that the City Clerk's reading
would constitute the second reading thereof. Motion carried 5-0.
Bumett moved and Sorensen seconded to enact Ordinance No. 1680 Motion
carried 4-1 with Koppel voting no.
STAFF REPORTS
21. Staff Report - Budget Adjustments - Revision of various revenue and expenditure
budgets through 4/30/95.
The Administrative Services Director reviewed the staff report.
Burner moved to approve the adjustments as presented. Koppel seconded and the
motion carried 5-0.
May I5, 1995 Cupertino City Council Page 7
NEW BUSINESS (continued)
17. Review of bids for Lot 187, APN 365-54-123, located on Dorothy Anne Way.
The Public Works Director said that $ sealed bids had been received and the
highest bid was $331,000. Then an auction was held and highest bid was
$357,000 from Mr. and Mrs. Gordon.
Koppel moved to accept the bid and award the sale to Mr. and Mrs. Gordon in the
amount of $357,000. Sorensen seconded, and the motion carried 5-0.
STAFF REPORTS (continued)
22. Discussion of possible hearing dates for the Diocese General Plan Amendment.
Council concurred to set tentative meeting dates on July 31 and August 1. These
dates will be dependent upon Sorensen's availability.
The City Manager also asked Council to set and/or corrfiffa dates for the Stevens Creek
Specific Plan and the budget study session, as follows:
June 5, 5:30 p.m. Joint meeting with Planning Commission to discuss
Stevens Creek Specific Plan "Heart of the City" project
May 24, 6:00 p.m. Budget study session
COUNCIL REPORTS
Bumett said that the North Central Flood Control will have an election in November or
March. The purpose will be to extend a tax that is scheduled to sunset.
Dean said that Council would be receiving copies of a memorandum he wrote to
Senator Kopp regarding housing allotments.
The City Manager reviewed the recommendations of the Legislative Review
Committee. He said that although they had agreed to oppose AB 318 (Katz), the
Public Works Director was doing further research and he asked that action be
postponed on that item.
Baufista moved to adopt the recommendations as follows. Koppel seconded and
the motion carried 5-0.
· Oppose SB 1066 (Campbell), Development fees for school facilities
· Oppose AB 1544 (I-Iaunigan), Delinquency Penalties on Assessments and
Mello-Roos Taxes: Revocation of Court Decision.
· Support SB 305 (Monteith), Unfunded Mandates
. . May 1 $, 1995 Cupertino City Council Page S
CLOSED SESSION
At 8:12 p.m. Council recessed to a closed session in Conference Room A to discuss
Labor negotiations pursuant to Government Code Section $4957.6. At 9:08 p.m. Council
reconvcned. Thc City Attorney announced that Council had met with their labor
negotiators and gave them direction to proceed with negotiations with various employee
associations. No action was taken.
ADJOURNMENT
At 9:09 p.m. Council concurred to adjourn to Friday, May 19, at 8:30 a.m. in the Quinlan
Community Center to attend the 1995 Economic Sul~m|t sponsored by the City of
Cupertino and the Cupertino Chamber of Commerce. That meeting will be adjourned to
Wednesday, May 24, 1995, 6:00 p.m., Conference Rooms C and D, for a budget study
session.
City Clerk