Loading...
CC 12-04-95 CC-913 Cupertino City Council Regular Meeting December 4, 1995 PLEDGE OF ALLEGIANCE Mayor Bumett led the Pledge of Allegiance and called the meeting to order in the City Council Chambers, 10300 Torre Avenue, Cupertino, at 6:45 p.m. ROLL CALL Council members present: Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don Bumett. Council members absent: Baufista. Staffpresent: 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; Public Information Officer Donna Krey; and Public Works Director Bert Viskovieh. ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to approve the consent calendar items as presented. Chang seconded and the motion carried 4-0 with Bantista absent. 1. Resolution No. 9508: Accounts Payable, November 17, 1995. 2. Resolution No. 9509: Accounts Payable, November 22, 1995. 3. Resolution No. 9510: Payroll, November 17, 1995. 4. Resolution No. 9511: Approving change order No. 1 for Riviera Road Slide Repair, Project 96-101. 5. Acceptance of city projects performed under contract: Riviera Road Slide Repair, Project 96-101; Hunter Properties, Inc., a commercial pwject on Homestead/Grant Road. 6. Resolution No. 9512: Approving the final map and improvement plans of Tract No 8778 located on Upland Way and authorizing the execution of agreement; Developer, Picetti Construction Co. December 4, 1995 Cupertino City Council Page 7. Resolution No. 9513: Authorizing execution of improvement agreement between the City and Kelly-Gordon Development Corporation; 10239 Byme Avenue. 8. Resolution No. 9514: Accepting quitclaim deed and authorization for underground water rights from Kelly-Gordon Development Corporation; APN 357-11-026; 10217 Byme Avenue. 9. Resolution No. 9515: accepting quitclaim deed and authorization for underground water rights from Kelly-Gordon Development Corporation; APN 357-11-028; 10239 Byrne Avenue. 10. Monthly Treasurer's Report and budget update, October, 1995. 11. Minutes of November 15 adjourned regular meeting, November 16 adjourned regular meeting and November 20 regular meeting. 12. Resolution No. 9516: Making dete~mlnafions and approving the annexation of territory designated "Granada Avenue 95-05", approximately 0.2 acre located on the south side of Granada Avenue between Orange Avenue and Byrne Avenue; Marshall (APN 357-16-028). 13. Request from Payvand School for a fee waiver for use of the Quinlan Community Center. Vote Members of the City Council AYES: Burnett, Chang, Dean, and Sorensen. NOES: None ABSENT: Baufista ABSTAIN: None PUBLIC HEARINGS 14. Public he~ring to consider adopting the 1994 Edition of the California Uniform Building, Plumbing, Mechanical, Housing and Fire Codes and the 1993 Edition of the California Electrical Code, Paragraph 5. The Community Development Director said that a minor change had been made to the section on single-room occupancy, as directed at the meeting of November 20. (a) Second reading and enactment of Ordinance No. 1706: "An Ordinance of - the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.04 of the Cupertino Municipal Code Adopting the 1994 Edition of the Unifo~iii Building Code." December 4, 1995 Cupertino City Council Page 3 (b) Second reading and enachrtent of Ordinance No. 1707: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.16 of the Cupertino Municipal Code Adopting the 1993 Edition of the California Electrical Code, Paragraph 5." Second reading and enactment of Ordinance No. 1708: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.20 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Plumbing Code." (d) Second reading and enactment of Ordinance No. 1709: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.24 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Mechanical Code." (e) Second reading and enactment of Ordinance No. 1710: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.56 of the Cupertino Municipal Code Adopting the 1994 Edition of the Unifot~t Housing Code." (f) Second reading and enactment of Orclinauce No. 1711: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.40 of the Cupertino Municipal Code Adopting the 1994 Edition of the Unifo~i~t Fire Code." The public hearing was opened. No individuals wished to be heard, and the hearing was closed. The City Clerk read the title of the ordinances. Sorensen moved and Dean seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carded 4-0 with Bautista absent. Sorensen moved and Dean seconded to enact Ordinance Nos. 1706-1711. Motion carried 4-0 with Bautista absent. 15. Resolution No. 9517: Ordering abatement of public nuisance (weed abatement) purs~!ont to provisions of Ordinance No. 724 and Resolution No. 9495. The public hearing was opened. No individuals wished to be heard, and the hearing was closed. Sorensen moved to approve Resolution No. 9517. Dean seconded and the motion carried 4-0 with Bautista absent. ' December 4, 1995 Cupertino City Council Page 4 NEW BUSINESS 16. Review and confirm design program for Creeksid¢ Park renovation. The Parks and Recreation Director introduced Mr. Jay Beals, program architect, who reviewed the design parameters. Architect Pam Bruld discussed the proposed building amenities, and Mr. Beals reviewed the use relationship diagrams as shown in the staff report. The Parks and Recreation Director said that although parcourses were often not utilized in other parks, it was requested by this community, and the site lends itself very well to such use. Mr. Beals said the school plaque would be prominently displayed, and a location would be selected during the preliminary design. He said the parking lot would hold 50-75 cars, with overflow parking available elsewhere on the site for another 25. Sorensen said she would prefer more parking. Mr. Beals discussed the concerns about fencing the creek bank and the bridge. Burner suggested that passive areas, play areas, and picnic areas are really three separate uses. Mr. Beals said that there were no specific plans regarding the property along Phil Lane because it was not known when or if the City would ever own all of the houses along that street. Instead, it would be open space to provide identification, visibility into the park, and landscaping. Ms. Wendy Armstrong said she was a member of the Creekside Master Plan Task Force and represented the neighborhood off Alderbrook. She said there was strong support for keeping the fence by the passive play area in the back triangle, and asked that it be specified in writing. She said there was not a lot of play area near her neighborhood, and suggested a few picnic tables. She was glad that the building remained in the project. Mr. Gary Virshup, 753 Stendhal Lane, expressed concern that play areas may be hidden from the street, and people in those areas would feel vulnerable and isolated. Also, picnic and play areas should be emphasized, since those are less common in the area than basketball and hard courts found at the schools. Mr. Beals said they would address these suggestions when the specific site design is developed. He explained that it was important not to have play areas too close to the street, and that the concession area must have access to the parking lot so that materials and supplies can be unloaded easily. Sorensen moved to (1) Re-confirm the park design parameters and amenities; (2) Approve the "split scheme" concept for the park building; and (3) Approve the concepO~_a! Use Relationship Diagram for the site, as submitted by the Creekside Park Master Plan Committee. Dean seconded and the motion carried 4-0 with Bautista absent. ' December 4, 1995 Cupertino City Council Page 5 17. Consideration of fee increase for Blackberry Farm picnic grounds for the 1996 season. The Parks and Recreation Director reviewed the staff report and said that staff was requesting a 50-cent increase in all categories of admission. Sorensen moved to approve an increase the picnic admission fees for Blackberry Farm according to the fee schedule in the staff report. Dean seconded, and the motion carried 4-0 with Bautista absent. 18. Consider addition of a Mixed Paper/Cardboard Recycling Program and extension of franchise agreement. (a) Resolution No. 9518: Authorizing extension of franchise agreement with Los Altos Garbage Company for the collection and disposal of refuse in and from the City of Cupertino. The Public Works Director reviewed the staff report and a number of options regarding the recycling program and differem periods of time for extending the agreement. He said that although there are always some complaints filed, Los Altos Garbage Company (LAGCo) had served the area since the 1930s, the number of complaints was low, and their staff went out of their way to mitigate ._ any problems. The company had a good reputation in the community, and it was important from a regional perspective to keep as many contractors working in the area as possible. He discussed the steps involved if cardboard were to be separated from the stream, and said that the market price fluctuated quite a bit. The biggest concern is distance to a recycling center, but if the value of cardboard goes up the city could invest in a separation process. The Public Works Director said this proposal would finish the plans for residential recycling, and staff is already begir~ning to work on a commemiai recycling plan. Ms. Mary Ellen Dick, in charge of the City of San Jose's solid waste department, said she was concerned about the length of the contract extension and the lack of public input because the item was not well advertised. Los Altos (~arbage Company has had this contract exclusively since the 1950s and the City has never gone out to bid. She said that most other cities only extend the contract five years, but this agreement would effectively extend it 15 years, and technology changes so fast within that time. She said she was also concerned about truck amortization, which is normally 5-7 years. In this case they would be amortized over 15 years even thought the vehicle was long since paid for. The Public Works Director said that in 1988 the City stipulated that Los Altos Garbage Company must meet or beat the City of Sunnyvale bid, so the City does monitor rates in comparison to other agencies. ' December 4, 1995 Cupertino City Council page Mr. John Angin, General Manager of the Los Altos Garbage Company, said that vehicles would be amoffized over 8 years. The contract is only a 10-year extension because there are 5 years left to run, and it is tied to the amortization of vehicles but also to future investments to be made on behalf of the City. The next step will be to address the needs of commercial customers, and his company expects to make a sizable investment in a recove~ center. Regarding cardboard recycling, the price has been volatile but they plan to pull it out of the mixed paper stream. He said they have an incentive to maximize recovery because revenue above $100,000 is split between the City and his company. Chang said he felt this was a quality company and that having rotes benchmarked against other cities is a good monitoring tool. He said he was anxious about extending the contract for another 10 years, and asked if it allowed for re- negotiation. The Public Works Director said either party can request and negotiate a change to the contract during that time, as is being done now on the mixed paper portion. Dean said he did not see a negative side to the proposal, and it is an opportunity for profit to the City. Dean moved to (1) Approve addition of mixed paper and cardboard to the curbside recycling program beginning approximately July 1, 1996; (2) Select option 4 as the most cost effective (which sets a 2% franchise _ surcharge resulting in revenue to the City of approximately $120,000 per year); and (3) Adopt Resolution No. 9518 approving the franchise agreement as modified, and authorizing execution. Sorensen seconded and the motion carried 4- 0 with Bautista absent. 19. Resolution No. 9519: Support of the neighborhood interests regarding track traffic to and from Stevens Creek Q. arry. The Public Works Director reviewed the staff report. Bumett gave a brief history of the meetings that had been held regarding the quarry and its operating permit. He said that the County counsel feels that all truck traffic was controlled by the use permit. Burnett said he had already spoken to the County Planning Commission once on this matter, and if this resolution is adopted he will present it to them this Thursday. Mr. John Statton, representing the Cupertino Chamber of Commerce, said this has been a long, on-going issue. He asked that Council not adopt the resolution because there was no process in place to let the qnarry representatives get involved and speak out. There is truck traffic generated by other locations too, such as the stables and wineries. He said this is a simplistic resolution on a complex issue, and asked that the quarry representatives be given some more time to meet with the neighbors. Adopting this resolution would put the City in the middle of a political decision that must be made by the County. He added that the quarry has December 4, 1995 Cupertino City Council Page 7 not yet seen the County Counsel's opinion on the matter. Mr. Statton explained that thc opcmting permit is for thc quarry, but they fccl that construction uscs are not using quarry-related equipment and are not covered by the permit. Also, it is only fair to regulate all truck traffic, not just quarry trucks. The City Manager said he believed there was no down side to this resolution. It would help the Mayor if he had the Council's backing, and in the past the City has consistently restricted truck traffic when it had the opportunity to do so. Dean said that he felt the resolution is so general that it wouldn't hurt. The City cannot control what thc County will do anyway. Chang said that while walking precincts prior to the election there were many residents who expressed concern about track traffic and noise from the quarry. Dean moved to adopt Resolution No. 9159. Chang seconded and the motion carried 3-1 with Baufista absent and Sorensen voting no. She explained that she wanted to read the County Counsel's opinion first, and did not feel she had sufficient information at this time to make a decision. 20. Resolution No. 9507: Supporting the Benefit Assessment District election for _ North Central Flood Control Zone (continued from November 20, 1995). Ms. Kay Whitlock, Assistant General Manager at the Santa Clara County Water Di~tr'lct, made a brief presentation regarding the benefit assessment. Historically, thc lowest rates in thc County were thc North Central zone. When thc last assessment was established the valley was in an aggressive, economic-growth phase, but current projections show a $24-million shortfall. Also, the cost of doing projects has gone up, Caiabasas Creek in particular She said that a hearing before the Board of Dixectors was scheduled for December 19, and she asked Council to let the board know if they supported thc election, or if they had any suggestions. Sorensen moved to adopt Resolution No. 9507 endorsing the March 1996 election; raising the assessment for residential property from $15 to $43; and assuring that improvements are completed. Chang seconded, and the motion carded 4-0 with Bautista absent. 21. First reading of Ordinance No. 1712: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal Code (Massage Establishments and Services) to Better Satisfy the Purpose and Intent of This Chapter and Declaring the Urgency Thereof." Personnel Officer Bill Woska reviewed the staff report. The City Attorney said the agenda should be amended to reflect that this is the only reading of the ordinance since it is an urgency ordinance. The Mayor read the title of the ordinance. Sorensen moved and Chang seconded to read the ordinance by title only, and that the Mayor's reading would constitute December 4, 1995 Cupertino City Council Page 8 the only reading thereof. Motion carried 4-0 with Bautista absent. Sorensen moved to enact Ordinance No. 1712. Dean seconded, and the motion carried 4-0 with Bautista absent. STAFF REPORTS The Public Works Director handed out a schedule of repair for railroad crossings. He reported that the median on Foothill Boulevard would be replanted to replace the plants that were lost in the drought. He said staff had met with Stevens Creek Quarry and Kaiser representatives about cleaning that street as well. The City Manager reported on an urgent fax received from the League of California Cities asking Council to oppose HR 1058 and SB 240, Securities Legislation Refona, which was sponsored by the securities industry to keep cities from suing them when given bad advice. Sorensen moved that Council oppose these bills, and notify President Clinton, Senator Feinstein, and Representative Eshoo. Dean seconded, and the motion can'ied 4-0 with Bautista absent. COUNCIL REPORTS Mayor Burner said that he will be attending the Transportation Agency meeting ._ on Thursday, and the big issue is about security. There is a conflict between how much emphasis should be on sheriff's presence and how much emphasis given to on-board security. He felt there was a need to maximize peace officers on the vehicles. Counc. Soreusen reported that the Fourth of July committee was making good progress, and by January they hope to have sufficient commitments to move ahead with the celebration in July of 1996 as well as sustaining the program in the future. At 8:45 p.m. the meeting was adjourned to December 15, 1995, 1:00 p.m., Quinlan Comnlnnity Center for City Council/Manager workshop. City Clerk