CC 04-17-95 CC-900
I~INUTES
Cupertino City Council
Regular Meeting
April 17, 1995
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: Don Burnett, Barbara Koppel, Lauralee Soreusen and Wally
Dean. Council members absent: John Bautista.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; Administrative
Services Director Carol Atwood; Community Development Director Bob Cowan; City
Attorney Charles Kilian; Public Information Officer Donna Krey; Public Works Director
Bert Viskovieh; and Planner II Vera Gil.
CEREMONIAL MATTERS - PRESENTATIONS
Ms. Amy Altken, Recycling Coordinator for Los Altos Garbage Company, introduced the
students from Cupertino Union School District who had won the poster contest sponsored
by her company. Dean presented awards and prizes to the winners. The theme of the
contest was "Don't Waste It! Reduce, Reuse, Recycle."
POSTPONEMENTS
Koppel moved to continue Item No. 26, second reading of Ordimmee No. 1685, to May 1.
Soreusen seconded, and the motion carried 4-0 with Bautista absent.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
Koppel moved and Bumett seconded to approve the Consent Calendar as presented. The
motion carried 4-0 with Bautista absent.
1. Resolution No. 9316: Accounts Payable, March 31, 1995.
2. Resolution No. 9317: Accounts Payable, April 7, 1995.
3. Resolution No. 9318: Payroll, April 7, 1995.
April 17, 1995 Cupertino City Council Page 2
4. Res. No. 9319: Setting date for annexation, "Upland Way 94-08."
5. Review of application for ABC license, Whole Foods Market California, Inc.
(previously known as The Bread of Life), 10983 N. Wolfe Road.
6. Res. No. 9320: Declaring intent to conduct a public hearing concerning a
nuisance on Parcel 375-42-014, 642 Miller Avenue, accumulation of debris/Wash
and other material stored in the front yard and carport area.
7. Res. No. 9321: Approving destruction of certain records (Building).
8. Res. No. 9322: Approving contract Change Order No. 1 for Bubb Road
Sidewalk, Project 94-111
9. Acceptance of city projects peffor;fled under contract: Bubb Road Sidewalk,
Project 94-111 (Wehner).
10. Acceptance of municipal improvements: Garden Terrace Phase 2, Tract 8529,
G-ardenside/Rainbow (Landmark Property), and Phase I, Parviz Namvar project
on Miramonte Street and Stevens Canyon Road
'-' 11. Res. No. 9323: Authorizing execution of agreement for the completion of
municipal improvements for Tract No. 8325 as condition of approval of Tract No.
8686, southeast comer of North De Anza Boulevard and Homestead Road; SCS
Development Co. (DBA Citation Homes Central).
12. Res. No. 9324: Approving Contract Change Order No. 17 for Cupertino Nine
School Site Improvements, Project 93-9106.
13. Res. No. 9325: Approving parcel map and improvement plans of property located
at Blaney Avenue and Baywood Drive; Developer Emily Chen; authorizing
execution of improvement agreement; authorizing signing of parcel map and
improvement plans.
14. Res. No. 9326: Approving the final map and improvement plans of Tract No.
8723, on Rainbow Drive; Developer, Landmark Development; accepting certain
easements; authorizing signing of final map and improvement plans; authorizing
the execution of agreement in connection therewith.
15. Request for authorization to retain the services of William A. Antonioli to
represent the city to pursue claim on the Portofino Development performance
bond to complete the internal improvements for the project located at DeAnza
..A Boulevard and Homestead Road.
April 17, 1995 Cupertino City Council Page 3
16, Approval of the minutes of March 27 and April 3, 1995.
Vote Members of the City Conn¢il
AYES: Bumett, Dean, Koppel, and Soreusen.
NOES: None
ABSENT: Baufista
ABSTAIN: None
PUBLIC I-W, ARINGS
17. Application 1-Z-95 and 1-EA-95, rezoning of various hillside properties in the
Inspiration Heights area from RI-10 (Residential single-family, 10,000 sq. ft.
minimum lot size) zone, R1-40 (Residential single-family, 40,000 sq. ft.
minimum lot size) zone and RI-IS (Residential Hillside) zone to RI-IS- (Residential
Hillside) zone and OS (private open space) zone. Recommended for approval.
Negative Declaration recommended.
(a) First reading of Ordinance No. 1684: "An Ordinance of the City Council
of the City of Cupertino Amending Title 19 of the Cupertino Municipal
Code by Rezoning Various Hillside Properties Encompassing
Approximately 105 net Acres in the Inspiration Heights Area; Located in
the West Foothills of Cupertino (Application 1-Z-95 - City of
Cupertino)." Continued from April 3.
Dean opened the public hearing. No one wished to speak on this item, and the
public hearing was closed.
Koppel moved to grant a Negative Declaration. Bumett seconded, and the motion
carried 4-0 with Baufista absent.
Koppel moved to approve the application per Planning Commission Resolution
No. 4591. Burner seconded, and the motion carded 4-0 with Bautista absent.
The City Clerk read the title of the ordinance. Koppel moved and Bumett
seconded to read the ordinance by rifle only, and that the City Clerk's reading
would constitute the ftrst reading thereof. Motion carded 4-0 with Bautista
absent.
April 17, 1995 Cupertino City Council Page 4
UNFINISHED BUSINESS
18. Reconsideration of Council approval of Applications 1-U-95 and 2-EA-95 -
Hunter Properties - Use permit to construct a 6,400 sq. ft. retail building, at
Homestead Road and Grant Road. Environmental Dete~llfination: The Planning
Commission recommended the granting of a Negative Declaration.
Recommended for approval.
The Community Development Director reviewed the staff report and explained
that Mr. Hunter had asked for reconsideration of this item to clarify issues
regarding access to the property. He said that the applicant also has a concern
about the cost of undergrounding utilities, but it will be necessary for him to file a
separate application to the Planning Commission to address that. The Community
Development Director di~buted copies of amended wording to be used if
Council agrees to allow reciprocal access to the pwperty. He added that staff had
not yet had an opportunity to discuss with the applicant the architectural treatment
to the rear of the pwperty.
The City Attorney clarified that if reciprocal access is acquired in the future it will
be necessary for the applicant to agree to remove landscaping and an agreement
"- should be signed in that regard.
Mr. Deke Hunter, 20725 Valley Green Drive, said that he accepted staff's
recommendations and he asked that the City Council peiiiiit the staff to approve
any further amendments to the back of the building rather than coming back to
City Council.
Koppel moved to grant a Negative Declaration. Bumett seconded, and the motion
carried 4-0 with Bautista absent.
Koppel moved to approve the application per Planning Commission Resolution
No. 4591 with the amendment recommended by staff, as follows: Regarding
ingress/egress easement: "The applicant shall record an appropriate deed
restriction and covenant running with the land subject to approval of the City
Attorney, with the adjoining property located to the east. Said deed restriction
shall provide for necessary reciprocal ingress and egress to and from the affected
parcels. Planning staffhas forty-five days from the project appwval to secure the
ingress/egress deed restriction from the adjoining property owner located to the
east. If the agreement cannot be secured of this property owner, the applicant
shall implement landscape plan 4b dated 3/29/95 and site plan 4a dated 4/10/95.
Should staff ultimately obtain the ingress/egress from the property owner to the
east, then the applicant's easement agreement will be implemented." The motion
also included that minor changes in architectural and landscaping treatment to the
back of the building shall be approved by staff and not be returned to the City
Council. Burner seconded, and the motion carried 4-0 with Baufista absent.
April 17, 1995 Cupertino City Council Page 5
19. Request for city bridge loan for Pacific Autism Center for Education (PACE).
Planner Vera Gil reviewed the staff report.
Sorensen moved to authorize the bridge loan for PACE to acquire a group home
on Kirwin Lane with the following condition: Should the City experience a
reduction of funding fxom the Department of Housing and Urban Development or
Santa Clara County, PACE shall repay to the City the difference between the
$100,000 bridge loan and any amended loan amount approved by the City.
Koppel seconded and the motion carried 4-0 with Bautista absent.
NEW BUSINESS
20. Review of bids and award of contract for Saratoga/Sunnyvale Road Interconnect
Extension from Bollinger Road to Prospect Road, Project 120-9502-953.
The Public Works Director said that concurrence from the State of California
must be obtained before awarding this bid, and asked for a continuance to the next
meeting.
Sorensen moved to continue this item to May 1. Koppel seconded and the motion
carried 4-0 with Bantista absent.
21. Review of bids and award of contract for Santa Paula Avenue Water Main
Replacement, Project 94-113.
Koppel moved to (1) Waive the irregularity found in the low bidder's bid sheet;
(2) Award the contract to R. W. French Construction based on the lowest bid for
the amount of $81,945.00; and (3) Authorize a 10% contingency for a total project
of $90,000. Sorensen seconded and the motion carried 4-0 with Bautista absent.
22. Review of bids and award of contract for Pavement Restoration, Project 95-104.'
Koppel moved to (1) Waive the irregularities indicated in the staff report; (2)
Award the project to Coastal Paving Inc. in the amount of $227,108.15 based on
the lowest bid received; and (3) Authorize a 5% contingency for a total project of
$240,000.00. Burnett seconded and the motion carried 4-0 with Bautista absent.
The Public Works Director noted that the project cost will be $100,000 less than
the bidder's estimate.
April 17, 1995 Cupertino City Council Page 6
23. Conceptual support of free Shakespeare in the Park Program by the San Jose
Shakespeare Festival.
The City Clerk reviewed the staff report. Mr. Bobby Winston, representing the
San Jose Shakespeare Festival, introduced his colleague, Mr. Charles McCue.
Mr. Winston highlighted the Shakespeare pros~am and said that they grown
beyond capacity and were looking for an additional location to hold their
performances. Mr. Winston distributed a document entitled "Program Summary
1995", and said that they were requesting financial support from the city in
addition to their corporate sponsors.
Koppel said that she had a concern about funding in light of budget shorffails.
Mr. Winston said they would like a total of $3,000 from the Fine Arts
Commission budget this fiscal year and would be requesting no more than $5,000
in each fiscal year after that. There would not be an additional appropriation
necessary this year.
The City Manager said that the Fine Arts Commission has included an additional
request for funds in their 1995-96 budget documents. Mr. Winston said this was
an excellent opportunity for a public/private parmership and explained that
advertising would be done through the San Jose Mercury News and television
Channel 4. He said they were most successful through word of mouth
advertising, so they propose to begin the series of plays with two weeks the first
summer and will expand the program at, er that to three or four weeks. He
explained that 80% of the expense of a performance occurs before production.
Mr. Dick Weaver, 21426 Rumford Drive, presented a letter to Council asking that
they not endorse this program. One reason was that Cupertino's major cultural
asset is Flint Center, and that it would not be supportive of the Flint Center to
sponsor competing fxee performances across the street. The second item is that
they propose to reduce their San Jose performances by one week when the two
weeks at Cupertino's Memorial Park are implemented. In this way, they are
appealing for funds for two weeks of operation while incurring additional costs
for only one week. The third reason was that the city may not have an adequate
amount of cultural opportunities, but the shortage is not in the Anglo-Saxon
culture and investments by the city to redress cultural shortcomings should
address the issue of diversity.
Burnett said that something like this program, rather than being competitive,
would increase the audience for the arts and may have a beneficial impact as
people become more aware of the advantages of living in the community. Mr.
Winston had explained that the cost of starting and stopping the operation are a
good fraction of the total cost and in view of the number of performances, Burner
felt it was a good idea and a good use of community funds. He said that
Cupertino also sponsors the Cherry Blossom Festival and the Chinese New Year,
April 17, 1995 Cupertino City Council Page 7
and there is nothing in this production that would prevent the city from having
events that feature other cultures.
Koppel moved to conceptually support the Free Shakespeare in the Park program
in Cupertino. Burner seconded and the motion carried 4-0 with Bautista absent.
24. Responses to communications from Dick Weaver.
Mr. Dick Weaver, 21426 Rumford Drive, said he appreciated the attorney
providing so much information. Mr. Weaver did not agree that Councilman
Bautista had selected a variant of what was suggested in the staff report, and
Council did not adopt one of the recommendations. During the meeting the
motion was made as to the "big three" companies losing something; they lost
development agreements on Tier II growth without the ability to comment. Mr.
Weaver said that it wasn't fair play.
The City Attorney said that the staff report mentioned as an option that there be
no development agreement on Tier II. From the transcript it is clear that, prior to
the time that remarks were received from Hewlett-Packard, Apple and Tandem,
Mr. Bautista indicated he wanted a consideration of those things, so that they did
have an opportunity to speak on them. The option itself was not mentioned in the
agenda, nor is it required. The City Attorney said that in his view, the Council
followed the requirements of the law.
Dean asked Mr. Weaver to direct any further questions on this interpretation
directly to the City Attorney. The City Manager said that staff has reviewed the
issue of verbatim motions, and they agree that motions should be a little closer to
the language that Council offers. The problem has been getting exactly what that
language is, and staff will do a better job of forcing a clear motion in the future.
ORDINANCES
25. 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(Res. 10-20), Planned Residential Development for 10-20
Units Per Gross Acre (Application 3-Z-94)'. (Forge/Homestead project.
Continued from March 6.)
Dean referred to his request of the developer to provide funding for schools K-8,
high schools, college and the library and said that Council has asked to put that
subject to a vote.
Koppel said that whatever decisions were to be made on the property should not
be tied into any demand from the developer to accommodate a particular need
from the school district or anything else. Some Council members were opposed
to 2O4 units,
April 17, 1995 Cupertino City Council Page
the demands made of the developer, in this case, to provide computers. Council
needs to clarify that and approve the second reading based on the zoning and
number of units.
Dean said that the issue on the number of units was misunderstood. The
newspapers ran with the story that it was high density. In fact, the law stipulates a
minimum number. It's out of local legislation as far as the base numbers.
The City Attorney said that the only item on tonight's agenda is second reading
and enactment of the ordinance. Dean said that he asked the developer at the
public meeting if he would provide funds for computers; the developer agreed to
do it, and based on that, he voted. The City Attorney said Council voted on zoning
the project. If they vote not to allow the ordinance to go through, then it dies and
the applicant would have to come back with another application before the
Planning Commission.
Mr. John Vidovich said it's quite clear that the project that was voted on was the
minimum density that was approved under the (~eneral Plan. Whatever Council
approves as a project requires school funds because there is a school tax. He said
he was the last person that wants to be held up, but he recognized that this school
district has a need for investment in technology. He proposed that the Council
consider some type of construction tax which can be enacted before the permits
are pulled on this project and it could properly fund technology. He said he had
received a lot from the city, and he was willing to spearhead this.
The City Attorney said another option would be to continue this to the next
meeting since only four council members were present. Koppel moved to
postpone the action. The motion failed for lack of a second.
Bumett said that he voted for the project beeanse he thought it was fight for the
city, but he did not think it was appropriate to fie conditions like that to a project.
If Council is going to raise funds, it should be done in a consistent manner.
Koppel said she was a strong supporter of schools, but Bumett made an important
point. Council had not asked for medians that will be needed, which is a city
need. There is a need to keep the two things separate, but there are a lot of things
for which the city can use ftmding. Koppel said there is an important bond
measure coming up and in the long run, that will really benefit the schools.
Sorensen said she voted for this project because it was within the General Plan
and she would vote for it tonight for the same reason. The City Attorney said that
f~om what he recalled of the last hearing, it was rather general as to what the
developer agreed to. One idea was to create a more specific obligation on his part
between now and then. If Council adopts the ordinance, the developer won't have
an obligation to pay. Mr. Vidovich said he was in favor of helping the schools
and had made a commitment. There has got to be another mechanism to be put in
place. He said he did not think that the Council doesn't support the Mayor's idea,
April 17, 1995 Cupertino City Council Page 9
just the methodology. There may be support for a specific construction tax or
some other mechanism.
Burner moved that the ordinance be read by title only and the City Clerk's
reading to constitute the reading thereof. Sorensen seconded. The motion failed
to carry with Koppel and Dean voting no.
Koppel moved that the item be continued for two weeks. Dean seconded. The
motion carded 4-0 with Bautista absent.
26. Second 're, lng and enactment of Ordinance No. 1685: "An Ordinance of the
City Council of the City of Cupertino Rezoning a .4 Acre Parcel from R1 to BA
(Public Building) (Application 2-Z-95 - City of Cupertino)." (Fire station at
22620 Stevens Creek Boulevard.) ( Continued to May I, 1995.)
Under "Postponements", this item was continued to May I.
STAFF REPORTS
The City Manager said that Council had been invited to a tour of the NASA/AMES
Research Center. A tentative date was set for Tuesday, May 2, from 8 a.m. to 10 a.m.
COUNCIL REPORTS
Koppel reported that Friday is the first annual Bay Area Air Quality meeting and
tomorrow is the Cities' Association new council members' luncheon. There have been
concerns regarding the parade mute, so a meeting was scheduled for April 26. There is a
recommendation from Cupertino High School and the city, and the Mayor is invited.
Burnett said the Tran.~portation Policy Advisory Committee met regarding transit
shelters. People currently maintaining them don't have enough funding and shelters are
not doing the job they should be doing. The company has made a pwposai to the county
to take over maintenance and building of them completely and they would increase the
number by an additional 150 shelters. There would be a panel of advertising in each
shelter, and they have agreed to put up information cards advertising the route and
schedules. All cities involved must approve this pwposal so they will be making their
presentation to ail the city councils. He said that it would generate revenue each year for
the transit district.
Sorensen said that Councilman Bumett and she went to the Community Development
Block Grant breakfast. Their staff is anticipating a maximum reduction of 8% if Congress
reduces funding. She discussed the Chen3t Blossom Festival and said that it had a been a
success in spite of the chilly weather. It is estimated that over 30,000 people attended the
two-day event. Some problems were .~c and parking, and those will be addressed next
year.
April 17, 1995 Cupertino City Council page 10
"--' Dean said that he met with the chah~mn of the Federal Communications Commission and
presented the city's concerns about the new parameter which allows a $3.00 monthly
charge on certain types of telephone calls such as ISDN lines. He explained the impact it
could have on the schools and businesses so the FCC has now agreed to withdraw that
proposal entirely. Dean said that Sunnyvale gave Cupertino the rights to their emergency
services manual text and he had passed that along to the city's Emergency Preparedness
Coordinator.
Thc City Manager reviewed the recommendatious of the Legislative Review Committee,
as follows:
· Opposed ACA 13 (Johnson), vote requirements for imposing taxes, assessments and
fees
· Opposed AB 1865 and ACA 24 (Baldwin), expenditure of public monies
· Opposed AB 182 (G-ranlund), shopping cart preemption
· Opposed AB 1073 (Costa), housing elements, preparation and review, realtor bill
adds mandates, land use authority by COGs and increased HCD power over cities
· Supported SB 1167 (Craven), return property tax growth from Education Revenue
Augmentation Fund to cities, counties and special districts
· Supported SB 1X(O'Connell), disaster assistance, local government
Burnett moved to accept the recommendations. Koppel seconded and the motion
carried 4-0 with Bautista absent.
RECESS
At 8:05 p.m. Council recessed, and at 8:10 they reconvened.
CLOSED SESSION
At 8:10 p.m. Council recessed to a closed session to discuss pending litigation pursuant to
Government Code Section 54956.9 (a) regarding the City of Cupertino v. Dean Witter
Reynolds, et al., Santa Clara County Superior Court Case No. CV746356. At 9:18 p.m.
Council reconvened in open session. The City Attorney announced that no action had
been taken, and that the City's representative had been directed to proceed as discussed in
the closed session.
ADJOURNMENT
At 9:20 p.m. Council concurred to adjourn.
City Clerk