CC 02-06-95-- CC=895
MINUTES
Cupertino City Council
Regular Adjourned Meeting
February 6, 1995
CALL TO ORDER
At 6:20 p.m. Mayor Dean called the meeting to order in Conference Room A.
ROLL CALL
Council members present: John Bautista (6:27 p.m.), Don BurneR, Barbara Koppel, Lauralee
Sorensen and Mayor Wally Dean. Council members absent: None. Staff members present:
Kim Smith, City Clerk.
NEW BUSINESS
Council conducted interviews of applicants for advisory bodies.
Mr. Richard Schuster and Mr. Dave Eggleston were interviewed for the CDBG vacancy on
- the Affordable Housing Committee. By consensus (with Bautista abstaining), Council
reappointed Mr. Schuster.
Mr. Steven Smith was interviewed for the financial representative vacancy on the Affordable
Housing Committee and was appointed by consensus of the Council.
Ms. Mary Sievert was interviewed for the vacancy on the Fine Arts Commission and was
appointed by consensus oftbe Council.
RECESS
At 6:35 p.m., Council recessed. At 6:45 p.m., Council reconvened in the City Council
Chambers. Mayor Dean led the Pledge of Allegiance.
ROLL CALL
Council members present: John Bautista, Don Burnett, Barbara Koppel, Lauralee Sorensen
and Mayor Wally Dean. Council members absent: None.
Staff presem: City Manager Don Brown; City Clerk Kim 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; and Public Works Director Bert Viskovich.
.. Febr-~,'y 6, 1995 Cupertino City Council Page 2
ORAL CO1VIMUNICATIONS
Mr. Thomas Mayer, 325 Lakechime Drive, Sunnyvale, said that he used his bicycle to
commute to Cupertino. He discussed the benefits that both he and the conununity derive
from this choice. He said that the existing transportation structure is hostile, and asked that
Council build and roairxtaill a transportation system that can be shared with cyclists and
pedestrians.
CONSENT CALENDAR
Burner moved to approve the consent calendar as presented. Sorensen seconded and the
motion carried 5-0.
1. Resolution No. 9275: Accounts Payable, Jannary 13, 1995.
2. Resolution No. 9276: Accounts Payable, January 20, 1995.
3. Resolution No. 9277: Accounts Payable, January 27, 1995.
4. Resolution No. 9278: Payroll, January 13,1995.
5. Resolution No. 9279: Payroll, January 22, 1995
6. Review of application for Alcoholic Beverage Control license for Kuni Sushi, 10211
South DeAnza Boulevard.
7. Resolution No. 9280: Authorizing execution of caretaker housing agreement,
McClellan Ranch mobile home.
8. Approval of January 10 and January 17, 1995, City Council minutes.
9. Resolution No. 9281: Making determinations and approving annexation of territory
designated "Orange Avenue 94-07", approximately 0.16 acre located on the west side
of Orange Avenue between Almaden Avenue and San Femando Avenue; Kitchens
(APN 357-15-096).
10. Resolution No. 9282: Making detem-dnations and approving annexation of territory
designated "Orange Avenue 94-03", approximately .032 acre located on the west side
of Orange Avenue between Dolores Avenue and Alcazar Avenue; Mehta and Parekh
(APN.357-14-022).
11. Acceptance of municipal improvements--Chevron project at 11010 No. De Anza
- Boulevard.
Pebw_~_ry 6, 1995 Cupertino City Council Page 3
12. Acceptance of city projects performed under contract: Faria Elementary School Site;
Hyde Junior High School Site (Part of Nine School Sites, Project 93-9106).
13. Resolution No. 9283: Approving Contract Change Order No. 2 for Homestead Road
and De Anza Boulevard Widening, Project 94-112.
14. Resolution No. 9284: Approving Contract Change Order No. 16 for Cupertino Nine
School Site Improvements, Project 93-9106.
15. Application 39-U-85 - New Life Church - regarding financing of a peu~mnent
building located at 20900 McClellan Road. Recommended for approval.
16. Resolution No. 9285: Accepting quitclaim deed and authorization for underground
water rights, Mahmoud Shahram and Azar Shahram, APN 357-04-053, 22435 Santa
Pauia Avenue.
17. Resolution No. 9288: Authorizing execution of sixth amendment to agreement to
provide local law enforcement agency access to the California Identification System.
Vote Members of the City Co~mcil
- AYES: Bautista, Bumett, Dean, Koppel, and Sorensen.
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
18. Resolution No. 9286: Ordering vacation of public utility easement located north of
l~ai~bow Drive, south of Route 85.
The Public Works Director reviewed the staff report. Mayor Dean opened the public
hearing. No one wished to speak on this item, and the hearing was closed. Koppel
moved to adopt Resolution No. 9286. Burnett seconded and the motion carried 5-0.
19. Resolution No. 9287: Ordering vacation of a roadway easement, north side of
Stevens Creek Boulevard, north of Janice Avenue.
The Public Works Director reviewed the staff report. Mayor Dean opened the public
hearing. No one wished to speak on this item, and the hearing was closed. Koppel
moved to adopt Resolution No. 9287. Burnett seconded and the motion carried 5-0.
20. Application Nos. 81,156 and 9-EA-94 - City of Cupertino. Amendments to various
sections of Chapter 19.40 of the Cupertino Municipal Code, Residential Hillside
Zones, regarding regulations for flat yard area, second stout off-sets and house sizes.
Cupertino City Council Page 4
Environmental Determination: The Planning Commission recommends the granting
of Negative Declaration. Recommended for approval. (Continued from Sanuary 3,
1995 and Sanuary 17, 1995.)
(a) First reading of Ordinance No. 1658: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 19.40, Residential Hillside Zones, of the
Cupertino Municipal Code."
A letter was received from Mr. Michael Picetti dated Janna~y 30 expressing support
of the planning commission's recommendation for floor area restrictions.
Planner Tom Robillard discussed diagrams of lot clustering models, floor area ratio
models, and comparisons of slope adju~iment formulas. He also reviewed a chart
provided by. Burnett comparing house size limits as proposed by the staff and the
Planning Commission. Baufista asked about the formulas for slope adjush~ent
criteria, and Robillard agreed that the wording should be clarified to indicate that
maximum house size was 6500 square feet.
Mayor Dean opened the public hearing. No one wished to speak on this item, and the
hearing was closed. Burnett moved to grant a Negative Declaration. Sorensen
seconded, and the motion carried 5-0.
The City Clerk read the title of the Ordinance No. 1658. Burnett moved and Bautista
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof. Motion carried 5-0.
21. Application Nos. 1-Z-94 and 2-EA-94 - City of Cupertino. Request for rezoning of
various hillside properties encompassing 185 net acres in the Regnart Canyon area,
located in the west foothills of Cupertino. Environmental Determination: The
Planning Commission recommends the granting of a Negative Declaration.
Recommended for approval. (Continued from January 3, 1995 and January 17, 1995.)
(a) First reading of Ordinance No. 1659: "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 185 Net Acres in
the Regnart Canyon Area; Located in the West Foothills of Cupertino."
Mayor Dean opened the public hearing. No one wished to speak on this item, and the
hearing was closed. Sorensen moved to grant a Negative Declaration. Koppel
seconded, and the motion carried 5-0.
The City Clerk read the title of the Ordinance No. 1659. Bumett moved and Koppel
- seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof. Motion carried 5-0.
February 6, 10{}5 Cupertino City Council Page 5
NEW BUSINESS
22. Annual Financial Report and Management Letter.
The Administrative Services Director reviewed two staff reports on these items,
which had already been reviewed by the Audit Committee in their meeting. Council
concurred to accept the 1993/94 Comprehensive Annual Financial Report and the
Audit Management Letter.
23. First reading of Ordinance No. 1679: "An Ordinance of the City Council of the City
of Cupertino Adding Chapter 2.88 to the Cupertino Municipal Code to Establish An
Audit Committee."
The City Clerk read the title of the ordinance. Koppel moved and Soreusen seconded
to read the ordinance by title only, and that the City Clerk's reading would constitute
the first reading thereof. Motion carried 5-0.
24. Establishment of meeting dates to consider scope of review for possible general plan
amendment for calendar year 1995. (Suggested meeting dates are March 6 and March
2O, 1995.)
The Community Development Director reviewed his staff report and said that Council
had agreed to discuss the possible amendment of General Plan policies related
"s~cond tier" growth.
Bautista said he felt there was a need to take another look at the General Plan because
of changes the ratio of jobs to housing, the ways jobs are created in the community,
the type of space that is needed, and the increased demand for more single-family
homes.
Koppel said she was willing to listen, but that she did not expect to support reopening
the General Plan. Sorensen agreed and said since Council had spent 3 I/2 years on it,
she did not want to go back and do it again now.
Burnett discussed some charts he had prepared. He discussed the amount of land
available for development in Cupertino, and cautioned that the state may ask the city
to provide even more than the 2500 housing units which is currently required. He said
there was a need to reopen the plan to adjust growth.
The City Manager clarified that the topic of discussion would be the merits of
reopening the plan, and it would not be a public hearing at this time. However, it
would be a public meeting, and the key stakeholders should attend.
ebr.nry (,, 10{)5 Cupertino City Council Page 6
Koppel moved to agendize this topic for March 6 and March 20, as a part of the
regular Council meetings. Burner seconded, and the motion carried 5-0. Staff said
that specific notice would be sent to the companies affected by the Tier II provisions.
25. Review of scope of work for Traffic and Circulation Study for Diocese General Plan
EIR Supplement (St. Joseph's Avenue).
The Community Development Director reviewed the staff report.
Sorensen moved that Council endorse the scope of work for the study. Bumett
seconded, and the motion carried 5-0.
26. Request for authorization of basic cable rate and update on related cable issues.
The Public Information Officer reviewed the staff report. Koppel moved to approve
TCI's existing basic rate of $10.41 for Cupertino/Los Altos system subscribers, and
$10.93 for TCI San Jose subscribers as presented in FCC forms 1200 and 1205.
Bautista seconded, and the motion carried 5-0. Koppel moved that rote reviews be
conducted quarterly rate review and that Council should adopt the recommendations
of the Cable Television Advisory Committee. Baufista seconded, and the motion
carried 5-0.
27. Assignment of the Westfield Development Agreement.
The City Manager reviewed the staff report. Koppel moved to authorize the City
Manager to sign the letter shown in the backup materials consenting to the assignment
of the development agreement. Bantista seconded, and the motion carried 5-0.
28. Status report regarding Santa Clara County Planning Commission review of Stevens
Creek Quarry use permit.
The Community Development Director distributed a memorandum dated February 3,
1995, giving an update of the County Planning Commission's action regarding
Stevens Creek Quarry. The County's action was to grant a 20-year time period, but
with a short-~,'ax review in September to deteLufine compliance with conditions, and
a 5-year review to monitor conditions in the long term. City officials or residents
may ask at any time to have the County Planning Commission conduct a hearing if
conditions appear to be violated. Also, the good neighbor committee had been
reinstated.
Ms. Lynn Faust, 11033 Canyon Vista Drive, said she was disappointed in the length
of the renewal period, but that positive steps were taken in requiring a September
- review, a 5-year review, reinstatement of the good neighbor committee, and truck
monitoring methods including legal non-confoL~;fing uses. She noted that data
regarding truck tallies would be considered proprietary, and only percentages of
February 6, 1095 Cupertino City Council page 7
increase and decrease would be released. She asked if the good neighbor committee
could receive the actual data.
Mr. John Kolski, representing Stevens Creek Qnsrry, said the infomatfion was
proprietary because it could be used to calculate quantifies shipped and gross sales.
The final method of truck counting had not been selected, but it may be possible to
provide a baseline with the percentages of change.
Bautista suggested that 'the Council ask for the raw data. The Public Works Director
said if that was not acceptable, the City could perform its own count, although it
would include other truck traffic not going to the quarry.
The Community Development Director said that the question of water contamination
in the reservoir was the responsibility of the County, but staff would infomt Council
when results were known.
Mayor Dean re-ordered the agenda to place item No. 29 at the end of the agenda.
ORDINANCES
30. Second reading and enactment of Ordinance No. 1677: "An Ordinance of the City
Council 0fthe City of Cupertino Amending Chapter 1.09 of the Cupertino Municipal
Code Relating to Nuisance Abatement."
The City Clerk read the title of the ordinance. Koppel 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.
Koppel moved and Burner seconded to enact Ordinance No. 1677. Motion carded
5-0.
31. Second reading and enactment of Ordinance No. 1678: "An Ordinance of the City
Council of the City of Cupertino Amending Chapter 2.48 of the Cupertino Municipal
Code, Departmental Orga~i?ation.'
The City Clerk read the title of the ordinance. Koppel moved and Bumett 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.
Koppel moved and Bumett seconded to enact Ordinance No. 1678. Motion carried
5-0.
leebruary 6, ! 005 Cupertino City Council Page
STAFF REPORTS
Mid-year update on 1994-95 budget and adjustments. The Administrative Services Director
reviewed the staff report on the mid-year budget status and showed graphs of the General
Fund revenues, sales tax trends, General Fund taxes, and expenditures of all departments.
She distributed a chart showing the budget figures, trends, and percent of budget expended
for the city's various funds. The City Manager reviewed the report on budget adjustments,
and gave an update on the activities of Joint Venture Silicon Valley. City Council voted on
the mid-year adjustment requests, to be funded from the General Fund reserve balance, as
follows:
1. Cable television legal costs. Koppel moved to approve $5,000. Sorensen seconded,
and the motion carried 5-0. (These funds will come from the Cable Television reserve
fund).
2. Sports Center Signage. Bumett moved to approve $9,500. Koppel seconded, and the
motion carried 4-1 with Soreusen voting no. Sorensen explained she voted no
because she wanted to wait until March to discuss this item.
3. Joint Venture Silicon Valley Annual Support Campaign. Bumett moved to approve
$5,000. The motion failed for lack of a second. Koppel moved to approve $8,000
A based upon the information to be provided in the March treasurer's report. The
motion failed for lack of a second. Baufista moved to postpone taking action on this
item until after the March figures were available. Sorensen seconded.
Ms. Connie Martinez, Joint Venture Silicon Valley, thanked Council for their past
support, especially for the regulatory streamlining pwcess and the round table
meetings, and said that in March she hoped to have available the video program on
Joint Venture Silicon Valley.
The motion carried 5-0 to continue this request until March.
4. 1995 Fireworks display. Banfista moved to postpone this item to March. Sorensen
seconded, and the motion carried 4-1 with Bumett voting no.
5. City Attorney, additional moving expenses. Sorensen moved to approve this item.
Koppel seconded and the motion carried 5-0.
6. School Resource Officer. Council concurred to support the transfer of an officer
assigned to the Driving Under the Influence (DUI) unit to the position of School
Resource Officer (There are no additional costs associated with this item).
· -- Review of electronic communications. The Public Infosssmtion Officer indicated that there
had been 6 communications received electronically, 5 of which were congratulations
regarding the establishment of a new communication link. The sixth was from Mr. Steve Pat
February 6, 1995 Cupertino City Council Page 9
to Counc. Bautista objecting to a joking remark which inferred that bicyclists do not observe
traffic lights.
Report fxom Bicycle Pedestrian Advisory Committee. Ms. Anne Ng reviewed the summary
report dated January 1995 from the Committee and discussed a series of slides regarding
committee projects, mission, goals, objectives, and significant accomplishments. She said
they are attempting to have the city designated as an official Bicycle-Friendly Community by
the League of American Bicyclists. Council concurred to accept the report.
COUNCIL REPORTS
Koppel reported on the first meeting of the new transportation agency.
Bautista reported on the first meeting of the formalized Audit Committee, which included
himself and Sorensen. They will meet monthly at first and begin working on a new format to
present monthly treasurer's reports and financial reports with comparative data.
He also discussed legislation to be introduced by Assemblyman Mike Sweeney which would
allow cities in the east bay to enter binding land use agreements with counties. This could be
a positive tool in hillside planning, and is more flexible than joint powers agreements. He
suggested that the City ask to have the legislation include this community. The City
-- Manager said he would prepare a letter for the Mayor's signature.
Sorensen reminded the Council and audience of the Chinese New Year celebration to be held
at DeAnza College on the coming weekend.
Dean said that the Emergency Services Commission would have a report available in about
two months with a complete inventory of emergency facilities and services available fxom
cities and the County.
He also said he had been asked by Senator Tom Campbell to attend a meeting with the
mayors of Los Altos and Los Altos Hills. Senator Campbell has been appointed to the
Housing Commission in Sacramento. They have heard the concerns the cities have raised
about housing counts, and they plan to begin changing the laws regarding housing
requirements imposed upon cities, which should be positive for the city of Cupertino,
29. Request for authorization to purchase a home at 10471 Miller Avenue (adjacent to
Fremont Older site).
The Public Works Director asked for a closed session on this item.
CLOSED SESSION
At 8:55 p.m. the City Council recessed to closed session to discuss negotiations for the
purchase of real property pursu_ant to Government Code Section 54956.8. At 9:11 p.m.
February 6, 1995 Cupertino City Council Page 10
Council reconvened. Thc City Attorney announced that Council had authorized staff to begin
negotiations for the acquisition of the property at 10471 Miller Avenue.
ADJOURNN~NT
At 9:12 p.m. Council concul~d to adjourn. (City Hall will be closed on February 20 for the
President's Day holiday. The next council meeting will be held on February 21).
Kim Marie Smith
City Clerk