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CC 11-06-95 CC-911 MINUTES Cupertino City Council Regular Meeting November 6, 1995 PLEDGE OF ALLEGIANCE Mayor Dean led the Pledge of Allegiance and called the meeting to order in the City Council Chambers, 10300 Torte Avenue, Cupertino, at 6:45 p.m. ROLL CALL Council members present: John Bautista, Don Bumett, 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; City Attorney Charles Kilian; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Planner II Vera C-il; and Public Works Director Bert Viskovieh. CEREMONIAL MATTERS - PRESENTATIONS Susan Fuller, Santa Clara County Librarian, made a presentation to Barbara Koppel to thank her for her leadership and vision in the formation of the Joint Powers Authority for the library district. Mayor Dean read a proclamation to the Optimist Clubs for Youth Appreciation Day. Representatives of the clubs thanked Council and invited everyone to attend their event at the Quinlan Center which revolves around youth citizenship and community involvement. Mayor Dean announced that the City Channel had won a second-place award from the National Association of Telecommunications Officers and Advisors Association (NATOA) in the category of public and community meetings. He presented the award to Producer Kellyn Yamada. Ms. Yam_ada thanked Council, Planning Commission, staff, and their supervisor Donna Krey for their support and encouragement. She displayed the new video projector in Council Chambers, and showed a brief video highlighting some of the council and elections coverage which had been prepared by the City Channel. POSTPONEMENTS Council agreed to continue Item No. 27 regarding Ola's Restaurant to November 20, at the request of the applicant. November 6, 1995 Cupertino City Council Page 2 .- ORAL COMMUNICATIONS Ms. Sally Brennan said that she had been on the citizens committee for the ADA when the City reviewed their buildings for compliance. The Blue Pheasant Restaurant has still not been brought up to code, and it resulted in one of their members, who is very active in the community, being restricted from the meeting because she could not get access to the meeting room. She said that CDBG funds can be used for ADA modifications, and she asked for an update from the Council. Ms. Nicol Lea, president of Quota International, distributed copies of her letter dated November 6. The letter described their embarrassment and frustration in the lack of wheelchair access to the Blue Pheasant Restaurant, and said they have been forced to move their meetings to another location so that all members can attend. She asked that the City construct the lift and restripe the parking lot as soon as possible. The Parks and Recreation Director said the building was under his jurisdiction. He said he had expressed his regrets to the person who had been denied access. He said that they were trying to retrofit a 35-year-old building. The 1992 estimate of costs was $46,800 for the interior, and $35,000 for the exterior. Those costs are now much higher, but staffis committed to proceed. Ms. Barbara Rogers also spoke regarding access to the Blue Pheasant. She said the code should be enforced and the facility brought into compliance. She asked for a report with a time line showing when the retrofit would be completed. The Parks and Recreation Director said that he would provide a status report on the Blue Pheasant Restaurant at the next meeting. Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services, apologized for missing the last meeting when Council voted to provide funds to that organization. She thanked them for their funding, and said that last year the City's fimding helped to provide 25,000 pounds of food and $21,000 in direct assistance for rent, gas, etc. She said that 90% of the rotating shelter guests have a job, housing, or both when they graduate from the program. Three congregations in Saratoga have joined this very successful program, Mr. John Kimball, owner of the Seven Authors Bookstore in Cupertino Village, delivered 60 letters to Council from antique dealers asking that they declare Cupertino Village a cultural and historical site. The letter said that activities such as the monthly Antique Show are a way to preserve American traditions and memorabilia to educate future generations. Council was asked to preserve the 20-year community contribution of the Antique Show as well as the Dicken's Faire and Octoberfest traditions which will insure continued community consciousness and accountability on the part of the current owners - of the property, Tandem Computers. November 6, 1995 Cupertino City' Council Page 3 _ CONSENT CALENDAR Koppel moved to approve the consent calendar as presented. Bumett seconded, and the motion carried 5-0. 1. Resolution No. 9478: Accounts Payable, October 13, 1995. 2. Resolution No. 9479: Accounts Payable, October 20, 1995. 3. Resolution No. 9480: Accounts Payable, October 27, 1995. 4. Resolution No. 9481: Payroll, October 20, 1995. 5. Application for Alcoholic Beverage Control Licenses from: (a) Roxy Cafe, 19998 Homestead Road, #C; Co) Sirens Cafe, 10100 South DeAnza Boulevard (formerly Crouton's). 6. Request from Monta Vista High School Variations and Music Boosters organization for waiver of facility use fees for fundraising performance to be held at Quinlan Community Center on November 12, 1995. 7. Acceptance of city projects performed under contract: (a) Pavement Restoration Project 95-104; Co) Fremont Older School Demolition Project 95-110. (No documentation necessary.) 8. Resolution No. 9482: Approving contract change order No. 1 for Pavement Restoration, Project 95-104. 9. Resolution No. 9483: Accepting quitclaim deed and authorization for underground water rights from Lotus Development & Construction Co., APN 357-17-104, 10130 Orange Avenue. 10. Resolution No. 9484: Accepting quitclaim deed and authorization for underground water rights from Rathin Neogy and Geraldine Neogy, APN 342,16- 036, 10630 Santa Lucia Road. 11. Resolution No. 9485: Accepting grant of easement for roadway purposes from Rathin Neogy and Geraldine Neogy, APN 342-16-036, 10630 Santa Lucia Road. 12. Resolution No. 9486: Accepting quitclaim deed and authorization for underground water rights from Jimmy O. Lo and Daisy K. Lo, APN 357-11-012, 10175 Byme Avenue. 13. Resolution No. 9487: Approving contract change order No. 1 for Fremont Older Demolition Project 95-110. November 6, 1995 Cupertino City Council Page 4 _ 14. Resolution No. 9488: Accepting grant of easement for roadway purposes from Wei-Luh Chu and Tsai Lan Chu, APN 357-15-097, 21801 San Fermmdo Avenue. 15. Resolution No. 9489: Accepting quitclaim deed and authorization for underground water rights from Wei-Luh Chu and Tsai Lan Chu, APN 357-15- 097, 21801 San Femando Avenue. 16. Resolution No. 9490: Authorizing execution of improvement agreement between the city and Developer Imwaller & Stegner, APN 359-23-017, De Anm Boulevard at Bollinger Road. 17. Resolution No. 9491: Approving final plan for the improvement of frontage at 10120/10130 Orange Avenue, Lotus Development & Construction, Inc.; authorizing the City Engineer to sign the final plan; authorizing execution of agreement in connection therewith. 18. Resolution No. 9492: Approving contract change order No. 23 for Cupertino Nine School Site Improvements, Project 93-9106. 19. Resolution No. 9493: Accepting quitclaim deed and authorization for underground water rights from Joe L. Rod and Patficia L. Rod, APN 342-45-009, 10387 Amistad Court. 20. Resolution No. 9494: Setting date for annexing "Granada Avenue 95-05". 21. Resolution No. 9495: Declaring weeds growing on certain property to be a public nuisance and setting heating for objections to proposed removal. 22. Resolution No. 9496: Approving annexation of"Upland Way 95-03". 23. Approval of minutes of the October 2 and October 16, 1995, meetings. 24. Approval of grants recommendation from the Fine Arts Commission. 25. Monthly Treasurer's Report and budget update, September, 1995. 26. Removed from the agenda. Vote Members of the City Council AYES: Bautista, Bumett, Dean, Koppel, and Sorensen. NOES: None ABSENT: None - ABSTAIN: None November 6, 1995 Cupertino City Council Page 5 _ PUBLIC HEARINGS 27. Public hearing to consider revocation of use permit, Application No. 4-U-85 (Modified), allowing late evening activities at Ola's Restaurant and Nightclub located at 10905 North Wolfe Road. (Continued from October 16, 1995; applicant requests continu0nce to November 20, 1995.) Council agreed to continue this item to November 20. 28. Resolution No. 9497: Ordering vacation of a roadway easement; retaining a 15 foot public utility easement; 19140 Stevens Creek Boulevard. The Public Works Director gave a brief report. The public hearing was opened at 7:18 p.m., and no individuals wished to speak. Sorensen moved to approve the resolution. Koppel seconded, and the motion carried 5-0. PLANNING APPLICATIONS 29. Applications 9-U-95 and 16-EA-95 - Cupertino City Center Associates - Use Pemdt to construct 24 single-family homes on 2.41 acres located on the east side of Torte Avenue between Stevens Creek Boulevard and Rodrigues Avenue. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from the meeting of October 2, 1995.) Community Development Director Bob Cowan reviewed the staff report. Mr. Scott Ward, representing the applicant, said that the project conforms with the General Plan land use, zoning, and Heart of the City Plan, and had received a unanimous recommendation from the Planning Commission. It will be a successful integration into a mix of land uses and densities. He said they will continue to work with the neighbors to mitigate impacts during the construction phase. Burnett said he was concerned that the open space can be blocked to the general public, which goes against the intent of the Heart of the City. There is other open space available in the community but it has a different use. This would be a place to sit in the sun and talk with friends. He would like to see a change in the way Council approaches these things to make it a public area so people can enjoy it. He was not in favor of the project as long as it had private open space. Koppel noted that the senior residents at Chateau Cupertino had a lovely open space, and "' both the Parks and Recreation Commission and the Planning Commission had recommended approval. November 6, 1995 Cupertino City Council Page 6 _ Bautista said his concern was with the density because the back yards were only 15 feet deep with only 8 feet between homes. He suggested removing 4 homes from the plan. The Community Development Director explained that the plans say there is 15 feet, but a condition of approval requires 20 feet to the main building line. Bantista said that was acceptable but felt 8 feet between homes was still too tight. Koppel explained that many homes in Cupertino have narrow side yards; her own home has a side yard of 9 feet. Bautista said he believed these units would be the highest density single-family detached homes in Cupertino. Sorensen said she would accept the 24 units, and would not require a public park because of the commission recommendations and the cost of city upkeep. Koppel moved to grant a negative declaration. Sorensen seconded, and the motion carried 5-0. Koppel moved to approve the application per Planning Commission Resolution No. 4640. Sorensen seconded, and the motion carried 3-2 with Burner and Bantista voting no. NEW BUSINESS 30. First reading of Ordinance No. 1703: "An Ordinance of the City Council of the City of Cupertino Repealing and Reenacting Chapter 6.28 of the Cupertino Municipal Code Relating to Cable Television Franchise Regulations." 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 first reading thereof. Motion carried 5-0. 31. Resolution No. 9498: Authorizing execution of agreement with TCI for installation, construction, operation and regulation of antenna television system. The City Manager reviewed the staff report and said this was a very attractive cable TV franchise renewal agreement. He said this level of commitment is unusual and depends on the commitment made by the City, both past and future, for public, education, and government (PEG) access. Ms. Valerie Castellano representing TCI said this is a win-win agreement and the level of commitment to PEG access groups in Cupertino is much higher than in other communities of this size. Engine.ering will begin in the next 12 months with most of the construction in the following year. Sorensen moved and Koppel seconded to approve the resolution. Motion carded - 5-0. Some of the provisions of the agreement are as follows: (1) The agreement is non-exclusive; (2) The term is 10 years, with an additional five years conditioned upon TCI integrating the old "Heritage" system with the main Cupertino system; (3) TCI will rebuild both systems at the same time, with a November 6, 1995 Cupertino City Council Page 7 .._ state-of-the-art, fiber opfie/eoaxiai system that will serve ail of Cupertino and will initially offer 77 channels; (4) The system upgrade will ova:ur within 30 months of the agreement taking effect; (5) TCI will make a total of six PEG access ehatmels available to the city; (6) TCI will contribute a total of $1.6 million to the city for the support of PEG; (7) There will be two-way video capability in ail of the Cupertino school sites within the Cupertino Union School District; (8) A discount of 25 percent on basic service will be offered to up to 75 residents who are disabled and who are within the 'htery low" income standard set by the county; (9) The .~i~ictest customer service standards available will be applied, and include response times for answering telephones, responding to complaints and fixing outages. Customers may have billing cycles customized and may receive a late- fee waiver if they have not had a late-fee charge in the past 12 months; (10) The city may conduct performance reviews every three years; (11) There are numerous sanctions and penalties if the cable company does not comply with the terms of the agreement. 32. Recommendation from Public Safety Commission that City Council support a safe way to Sedgewick Elementary School. (This item will be discussed under Staff Reports.) 33. This item removed from agenda. 34. Confirm Council meeting dates: (a) Swearing-in ceremony; (b) Highway 85 heating. Council concurred to tentatively schedule the swearing-in ceremony for Thursday, November 16 at 6:45 p.m., and to confx, m the Highway 85 meeting for Wednesday, November 15 at 7:00 p.m. 35. Annual review of progress in General Plan implementation. The Community Development Director summarized the staff report and explained how some priorities had been changed. He said that this annual review was required by the State. Council received the report. 36. First reading of Ordinance No. 1704: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Stop Required at Certain Intersections-Grand Avenue and Santa Clara Avenue." The City Clerk read the title of the ordinance. Bumett moved and Sorensen seconded to read the ordinance by rifle only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 37. First reading of Ordinance No. 1705: "An Ordinance of the City Council of the City of Cupertino Amending Title Two, Title Three and Title Five of the Cupertino Munieipai Code for the Purpose of Conforming the Provisions of the November 6, 1995 Cupertino City Council Page 8 Code to the Requirements of State and Federal Law, Confo~,dng the Provisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old Provisions With New Language, and Consolidating and Streaml'ming Various Provisions." The City Clerk read the title of the ordinance. Sorensen moved and Koppel seconded to delete the words "and shall not be displayed on the" from Section 5.16.050 so that it will be pemdssible to display sale items on the lawn and driveway areas; and to read the ordinance by title only; and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 38. Report on commissions and committee terms expiring January 15, 1996; selection of application deadlines and interview dates. Council agreed to the following deadlines: Application deadline for incumbents, Dec. 21; Application deadline for non-incumbents, Dec. 26; and interviews on Jan. 10. 39. Final budget adjustments, fiscal year 1994-95. The Administrative Services Director highlighted the adjustments. Council _ received thc report. ORDINANCES 40. Second reading and enactment of Ordinance No. 1702: "An Ordinance of the City Council of the City of Cupertino Approving Application 1-DA-95, Development Agreement Between the City of Cupertino and Hewlett-Packard, Inc." (Continued from the meeting of October 16, 1995). Bumett said that he would be voting no on this item. He had no objection to this amount of development, which he felt was appropriate for the property. However, he believed a development agreement was not necessary and would lock in the City without adequate compensation for conferring this much benefit upon a developer. 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 4-1 with Bumett voting no. Sorensen moved and Bautista seconded to enact Ordinance No. 1702 Motion carried 4-1 with Burnett voting no. November 6, 1995 Cupertino City Council Page 9 STAFF REPORTS 32. Recommendation from Public Safety Commission that City Council support a safe way to Sedgewick Elementary School. The Public Works Director gave a status report on the Phil Lane sidewalk installation issue. Hc said that the County iS the lead agency and there is a strong desire on the part of the school district, County, and the City to get this implemented. There's a tentative agreement with the property owner to purchase thc property. Thc cost will be divided among the three agencies, and Cupertino is asking to pay the least amount for two reasons: (1) The school district was going to install the sidewalk until they reached a conflict with the property owner; and (2) Thc property is in the County jurisdiction. Cupertino is a partner because they have some responsibility for a "safe way to school" access. Bautista asked about some correspondence Council had received from a resident near Hoover Park regarding the frequency of use as a soccer field and its use on Sunday. The Parks and Recreation Director said that the park was planned before residents moved in on the school property, and this particular neighborhood felt strongly there should be two soccer fields. Traditionally league play does not occur on Sundays. There are tournaments in August and October, and at this' _ point in the season it seems like fields are always in use. Thc usc is no greater this year than prior years. The groups that used the parks on Sundays did so with permission. There may be drop-in usage as well on weekends. Baufista asked that staff monitor to see that only groups with pei-iifits use the parks on Sundays and to make sure that months other than August and October do not include Sunday usage. The Parks and Recreation Director said that unless an ordinance is passed that precludes use on Sundays, it can't be prohibited since it's public space. This particular individual came to the Parks and Recreation Commission about three years ago, and the Commission felt the level of use of Hoover Park for soccer was appropriate. COUNCIL REPORTS Koppcl reported that thc Cities Association is having what they hope will become an annual holiday celebration at the historical Hayes Man-~ion on December 14. All the elected officials in the county are invited. She reported that the Transportation Agency met and discussed the Vasona Corridor. Their funding has been transferred to the Tasman Corridor. Burnett reported that the Association of Bay Areal Governments will meet Thursday. One - of their tasks is to review the Constitutional Revision Committee's recommendations, and each Council member will receive a packet of this information for their review and comment. November 6, 1995 Cupertino City Council Palge 10 - The North Central Flood Control District board has decided to hold an election to increase the assessment for that district, which includes the part of Cupertino which contains Calabasas Creek. Dean commended Marie Moore, the Emergency Preparedness Coordinator, for her citizen training program which she coordinated with the Central Fire District. Sorensen referred to the Community Development Block Grant Program and said the County's allocation will probably be the same as last year's. All jurisdictions are urged to get their funds committed or it will be taken back and re-committed. Also, the Emergency Medical Care Commission received a report regarding the San Jose Fire Department and their new paramedic system which seems to be going quite well. Central Fire District will begin their paramedic program after thc new year. The Council members all wished Koppel farewell and thanked her for her eight years on Council. The City Manager reviewed some of the highlights of her career including Measure T (utility tax), the Library district, and launching of the Santa Clara County Cities Association. Her regional leadership benefited Cupertino in transportation, air quality, and congestion management. He said she was also an outstanding events organizer, and cited the Highway $5 grand opening celebration, City tree lighting ceremony, and Family Day at Blackberry Farm. Council members also said good-bye and thank-you to Miguel Salinas who was leaving the Cupertino Courier. CLOSED SESSION (a) Pending litigation (Oovernment Code Section 54956.9 (a) - Dean Witter. The City Attorney announced that another closed session item had arisen a~er the agenda was posted: (b) Negotiations for purchase, sale, exchange, or lease of real property (Oovernment Code Section 54956.8), regarding 10461 Miller Avenue. At 8:40 p.m. Council recessed to hold the closed session on the Miller Avenue property in Conference Room C&D. The closed session on the Dean Witter matter was held in Conference Room A. At 8:39 p.m. Council reconvened in open session. The City Attorney announced that further direction had been given to the attorney regarding the Dean Witter litigation but no action was taken. Sorensen moved to appropriate approximately $217,000 for the acquisition of 10461 Miller Avenue, and authorized staff to consummate the purchase and rent out the property '- on a temporary basis. lqovember 6, 1995 Cupertino City Council Pa~e 11 ADJOURNMENT At 9:52 p.m., Council adjourned to Wednesday, November 15, 7:00 p.m., in the Council Chambers to hold a public meeting regarding sound impacts on Route 85. City Clerk