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CC 07-20-98 MINUTES Cupertino City Council Special Meeting Monday, July 20, 1998 CALL TO ORDER Mayor Chang called the meeting to order at 6:00 p.m. in Conference Room A of Cupertino City Hall. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean, Councilmembers Don BurneR, Sandra James, and John Statton. Council members absent: None. Staff present: City Clerk Kimberly Smith. INTERVIE~WS Mr. Joseph Coddington was interviewed and unanimously appointed to the Cupertino Housing Committee for a te~m expiring Sanuory 2000. RECESS At 6:20 p.m., Council recessed. At 6:45 p.m., they reconvened in the City Council Chambers to discuss the remaining items of business. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean, Councilmembers Don Bumett, Sandra James, and John Statton. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS - None. ' Suly 20, I998 Cupertino City Council Page POSTPONEMENTS Item 15, Sun Javasoft Towers sign - Appeal of Planning Commission decision regarding Application 5-EXC-98, AMCOE Sign Co. Applicant requests continuance to Tuesday, Sept. 8. Dean moved and Statton seconded to continue this item to Sept. 8. The motion carried 5-0. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS - None. CONSENT CALENDAR Burnett moved to approve the items on the Consent Calendar as presented, with the exception of item No. 5, which was pulled for further discussion. Dean seconded and the motion carried 5-0. 1. Accounts payable, June 29, 1998, Resolution No. 98-185. 2. Accounts payable, June 30, 1998, Resolution No. 98-186. 3. Accounts payable, July 10, 1998, Resolution No. 98-187. 4. Payroll, July 10, 1998, Resolution No. 98-188. 6. Reorganizing Lomita Avenue - Making determinations and approving the reorganization of territory designated "Lomita Avenue 98-06," approximately 0.3088 acre located on the south side of Lomita Avenue between Byme Avenue and Orange Avenue; Sinksen (APN 357-15,003). Resolution No. 98-189. 7. Reorganizing North Stelling Road - Making determinations and approving the reorganization of territory designated '°N. Stelling Road 98-03," approximately 0.754 acre located on the east side of N. Stelling Road between Garden Gate Drive and Hazelbrook Drive; Kovalik et al. (APN 326-30-091). Resolution No. 98-190. 8. Payvand TV public access program Grant request for funding by the Telecommunications Commission. Recommended for approval. 9. Diocese property - Approving cancellation of the Williamson Land Act Conservation Contract; authorizing recordation of Certificate of Cancellation, APN 342-05-056 and 342-05-060, The Roman Catholic Bishop of San Jose; and authorizing recordation of Release of Lien. Resolution No. 98-191. 10. Rolling Hills 4-H Club at McClellan Ranch Park - Authorizing renewal of lease agreement between the City of Cupertino and the Regents of the University of California. Resolution No. 98-192. Suly 20, I99g Cupertino City Council Page 3 11. Grant for a comprehensive bicycle and pedestrian safety program - Request authorization to submit application. Resolution No. 98-193. 12. Appointment to the Bicycle Advisory Committee of the Santa Clara Valley Transportation Authority. 13. Municipal improvements at Forge and Homestead - Acceptance of municipal improvements at 20691 Forge Way. 14. Review of application for Alcoholic Beverage Control license: The Florentine Restaurant Group, 10275 S. De ,~nTa Boulevard. Vote Councilmembers Ayes: Buruett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Minutes of the ~luly 6 meeting. James asked that the minutes be corrected as follows: On page 5, sixth paragraph, the sentence about the project on Stelling should say the backs of the houses were toward the street. Chang asked that page 7, second paragraph, be corrected to read, "Chang indicated that Citation could have its request reheard as part of the Planning Commission's deliberations regarding a change in Policy 2-33." Dean moved to approve the minutes as amended. Burnett seconded and the motion carried 5-0. PUBLIC HEARINGS 15. Sun Javasofi Towers sign - Appeal. of Planning Commission decision regarding Application 5-EXC-98, AMCOE Sign Co. - a sign exception to exceed the allowed size of a wall sign at 20400/20450 Stevens Creek Boulevard in accord_auce with Chapter 17 of the Cupertino Municipal Code. (Council member Wally Dean, appellant) (Continued from June 15, 1998). Applicant requests continuance to Tuesday, Sept. 8. Dean moved and Statton seconded to continue this item to Sept. 8. The motion carried luly 20, ! 991 Cupertino City Council - PLANNING APPLICATIONS - None. UNHNISHED BUSINESS - None. NEW BUSINESS ' 16. Reno Cab Company - request to provide taxi service within the City of Cupertino. Administrative Services Director Carol Atwood reviewed the staff report. She explained that Cupertino has two cab companies now, and Reno Cab will be a new business. The owners did not want to incur startup costs, including the purchase of vehicles, until they are confident they will be approved to do business in this city. For this reason, they asked that the request be brought before Council, although their application is not complete at this time. She said they will not be able to conduct business in Cupertino without meeting all of the requirements, and she reviewed a list of the items which had not yet been received. Dean said his inclination was to direct the applicants to come back to Council when they are ready, since much of the application fo~m is blank. City Attorney Chuck Kilian explained that technically, non-approved cab companies could not operate in the city. Cupertino does not have a lot of cabs, and previous councils have promoted cab companies for this city since it is sometimes the only transportation available for a part of the population. He said that council could conceptually approve this tonight as long as all of the conditions were ministerial in nature. Burner agreed and said that all of the expertise in judging whether the conditions have been met resides with the staff. James agreed with Dean, and said that the process should be followed to allow staff to examine the application materials. She said she had no philosophical problem with allowing another cab company to operate in the city. Chang suggested that Council inform the applicant that there is no philosophical barrier but require that the cab company complete the application process. Bumett moved to adopt a minute order that a new cab company is acceptable to the Council provided that they meet all of the city's requirements, including the submission of all items required for the application. Reno Cab's completed application must be returned to City Council for final approval. Statton seconded and the motion carried 5-0. 17. McDonald-Dorsa landfill - request to waive the formal bidding process for removing old landfill pursuant to Municipal Code section 3.23.130. Public Works Director Bert Viskovich reviewed the staff report. He said it is imperative that the landfill removal be done before the winter rains begin. Some of the testing bad Ju/y 20, 1998 Cupertino City Council Page '- been delayed because of this year' s El Nino storms, and there is one more test to be done. Once those results are available, staff will proceed to obtain info~i~ai, competitive bids and then arrange for removal of the landfill material as soon as possible. James agreed that the landfill removal should be done quickly since the city was aware there was a problem which needed to be cleaned up, but felt that Council should take another look at the costs farther along in the process, since it is going to be a large public works project. Viskovich said that they would not have accurate costs until the project was completed. City Manager Don Brown said staff would have a much more detailed analysis prior to awarding the bid and spending any funds, so that info~ruation will be brought back to Council to get authorization to proceed. James moved that the Council waive the formal bidding procedure in accordance with Municipal Code Section 3.23.130, declaring it an emergency, authorizing staff to award the contract based on a negotiated intomad bid, and requiring that it come back before Council for a final review. Dean seconded and the motion carried 5-0. ORDINANCES 18. Building and Property Maintenance - "An Ordinance of the City Council of the City of Cupertino Adding Chapter 9.22 to the Cupertino Municipal Code for the Purpose of Establishing Minimum Standards for the Maintenance of Ail Building Exteriors, Premises and Vacant Land." Second reading and enactment of Ordinance No. 1793. The City Clerk read the title of the ordinance. Burner moved and Dean 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. Burner moved and Dean seconded to enact Ordinance No. 1793. Motion carried 5-0. 19. Updating the Code regarding enforcement procedures - "An Ordinance of the City Council of the City of Cupertino, Amending Chapter 1.09 of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to be Consistent with Present City Practices and to be Consistent with New Sections of the Code." Second reading and enactment of Ordinance No. 1794. The City Clerk read the l/fie of the ordinance. Bumett moved and Dean 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. Burnett moved and Dean seconded to enact Ordinance No. 1794. Motion carded 5-0. . 1uly 20, Cupertino City Council Page - 20. Rezoning 10345 Tula Lane - "An Ordinance of the City Council of the City of Cupertino Rezoning a Parcel Located at 10345 Tula Lane fiom R1-10 to R1-7.5 (Application 7-Z- 98)." Second reading and enacUnent of Ordinance No. 1795. The CiW Clerk read the title of the ordinance. Burner moved and Dean 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 Dean seconded to enact Ordinance No. 1795. Motion carried 5-0. STAFF REPORTS 21. Single-family zoning ordinance amendment - Status report regarding the amendment of the R-1 ordinance and consideration of an adjourned meeting to discuss this topic. Discussion followed regarding the selection of a date and time for a joint City Council /Planning Commission meeting to discuss an accelerated hearing schedule for amendment of the Single Family Residential (R- 1) ordinance regarding privacy intrusion. The joint meeting was scheduled for Monday, August 10, t~om 6 p.m.-7:30 p.m. in conference room C/D at City Hall. COUNCIL REPORTS James said that a full day was spent interviewing architects to select the person that will be helping with the design guidelines for the new R-1 ordinance. Also, the Senior Center expansion committee interviewed architectural firms over two days and they are now doing reference checks. The Economic Development Committee met again, and representatives of that group met with Sun Microsystems. James and Burnett commended staff on the interview process for architects for both the library and senior center projects. Burner said that the Santa Clam County Cities Association met last week and he was reappoint~l as one of two representatives to the Association of Bay Area Governments (ABAG), and he will serve on that committee until the year 2000. Chang said the Library Expansion Advisory Committee met with the consultant, and his report will be coming to council. There was a meeting with the delegates that will represent Cupertino in Toyokawa, Japan, during the celebration of their 20th anniversary of the sister city relationship. The delegation will be in Japan August 12-17. Dean said the Solid Waste Committee has noticed a trend about shopping carts being lef~ at bus stops around DeAnza and Stevens Creek Blvd. The situation must be remedied through discussion with the store owners or other mean.~, because it is becoming more and more apparent. He asked that it be agendized for the next meeting. , 1uly 20, 1998 Cupertino City Council Page Statton said the Cities Association also had a long discussion about the spending of transportation funds, which has been cleared by the courts. Although there cannot be an obvious tie between the (3enerai Funds measure and the ac~_al spending of those funds, the Cities Association was very clear that they wanted the Board of Supervisors to spend as the will of the people had indicated. Bumett said he felt the Supervisors are responsible, and if the Transportation Authority and the Board work as a team this will work out ail right. CLOSED SESSION - None. At 7:15 p.m. the meeting was adjourned to Friday, July 24, at 9:00 a.m. at the Blackberry Fami Retreat Center to discuss the Civic Center/Library review process. IOmberl~,~n~th City Clerk