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CC 08-05-96 CC-928 MINUTES Regular Adjourned Meeting August 5, 1996 ROLL CALL Mayor Burnctt called the meeting to order at 6:00 p.m. in Conference Room A. Council members present: Michael Chang, Wally Dean, Lauralee Sorensen, and Mayor Don BurneR. Council members absent: John Bautista. Staff present: City Clerk Kimberly Smith. INTERVIEW OF CANDIDATES Council members interviewed Mr. Dana Grover and Ms. Janet Mohr for an unscheduled vacancy on the Fine Arts Commission created by the resignation of Mr. Andrew Springmeyer. Ms. Mohr was selected for the position by a 3-1 vote with Chang, Dean, and Sorensen voting for her and Burnett voting for Mr. Grover. Bautista was absent. Ms. Molar's term will expire in January, 1999. _. The meeting recessed at 6:20 p.m. and reconvened in the Council Chambers at 6:45 p.m. PLEDGE OF ALLEGIANCE Mayor Burnett called the meeting to order in the Council Chambers of Cupertino City Hall, 10300 Torte Avenue, at 6:45 p.m. and led the Pledge of Allegiance. ROLL CALL Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen, and mayor Don Bumett. Council members absent: None. Staffpresent: Acting City Manager Bert Viskovich; City Clerk Kimberly Smith; City Attorney Charles Kilian; Parks and Recreation Director Steve Dowling; Community Development Director Bob Cowan; Planner II Vera Gil; and Building Official Joe Antonucci. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bumett announced that the City of Cupertino and Tandem Computers were joint winners ora Bike to Work Day Business Challenge award. He said that the plaque would be displayed in city }tall. Mr. Terry Feinberg said that he is the Executive Director of the Tri-County Aparhuent Association. Tonight he was representing the Santa Clara County Housing Action Coalition, and highlighted findings from the University of California, Berkeley study regarding the causes, challenges and solutions to the County's housing shortage. The recommended solutions were to August 5, 1996 Cupertino City Council Page 2 reduce uncertainty and streamline the permit review process for new development; make the project review process more timely and responsive; improve the quality of permit applications submitted by developers; provide regulatory relief to small developers and property owners; and establish cooperative initiatives to expand the supply of developable sites. Mr. Feinberg left copies of the study for the Council's review. POSTPONEMENTS - None. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Mr. Chris French said he was representing the spiritual assembly of the Baha'i's. He and other members were present to introduce themselves and leave some materials for Council's review. They will be back in later months with some proposed projects. Similar projects in the past have been skits for students involving race unity and conflict resolution. CONSENT CALENDAR Sorensen moved to adopt the Consent Calendar items as recommended. Dean seconded and the motion carried 5-0. 1. Resolution No. 9665: Accounts Payable, July 12, 1996. 2. Resolution No. 9666: Accounts Payable, July 19, 1996. 3. Resolution No. 9667: Accounts Payable, July 26, 1996. 4. Resolution No. 9668: Payroll, July 12, 1996. 5. Resolution No. 9669: Payroll, July 26, 1996. 6. Monthly Treasurer's and Budget Report for June, 1996. 7. Approval of submission of application for approximately $30,000 in Federal Law Enforcement Block Grant funds to be used for the Public Dialogue Consortium discussions on community safety. (Resolution number 9680 was assigned after the meeting). 8. Approval of minutes of the July 15, 1996, meeting. 9. Resolution No. 9670: Approving cancellation of Land Conservation Contract No. 71- 907, authorizing recordation of Certificate of Cancellation, APN 357-19-001, Charles O. Forge and Eileen Hntchins, Co-Trustees (Otis F. and Muriel N. Forge). 10. Resolution No. 9671: Authorizing execution of improvement agreement between the City and Mario and Edith Zanotfi, 21650 Rainbow Court, APN 366-38-007. August 5, 1996 Cupertino City Council Page 3 .- 11. Resolution No. 9672: Accepting quitclaim deed and authorization for underground water rights fi.om .loanne Gong, 21836 Monte Court, APN 326-19-082. 12. Resolution No. 9673: Accepting quitclaim deed and authorization for underground water rights from ClinG-Yang Tang and Hsueh-Hsia Tang; 21857 Almaden Avenue, APN 357- 15-017. 13. Resolution No. 9674: Accepting grant of easement for roadway purposes from Chao- Yang Tang and Hsueh-Hsia Tang, 21857 Almaden Avenue, APN 357-15-017. 14. Resolution No. 9675: Authorizing execution of improvement agreement between the City and Forge-Homestead Limited, Homestead Road. 15. Resolution No. 9676: Accepting grant of easement for public utilities fi.om Forge- Homestead Limited Partnership, Homestead Road. 16. Resolution No. 9677: Accepting grant of easement for roadway purposes from Forge- Homestead Limited Parh~ership, Homestead Road. 17. Acceptance of municipal improvements: Henry Y. Hong project at 101100 Carmen Road. 18. Resolution No. 96711: Accepting quitclaim deed and authorization for undergwund water rights from Big Guy, Inc., APN 357-12-033, 10411 Byrne Avenue. Vote Members of the City Conncil AYES: Bantism, BurneR, Chang, Dean, and Sorensen. NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None. PUBLIC HEARINGS 19. Resolution No. 9679: Providing for lien assessments and for the collection of same resulting from the abatement of public nuisances (weed abatement). The City Clerk reported that the Fire Marshall's Office has removed weeds from the list of properties shown on Exhibit A. Affected parties were notified of the hearing. Mayor Bumett opened the public hearing, and no individuals wished to be heard. The public hearing was closed, and Sorensen moved to adopt Resolution No. 9679. Dean seconded and the motion carried 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. .- August 5, 1996 Cupert'~no City Council Page 4 NEW BUSINESS 20. Review of Housing Mitigation manual. Planner Vera Gil reviewed the staff report regarding the office/industrial portion of the manual. She highlighted the two main alternatives. Alternative 1 is to remove the "cause to be built" portion of the man-al so that office/industrial developers would not be required to "be in the housing business." Instead, a fee would be charged per square foot of development, and those fees would be ea~niarked for the development of affordable housing in Cupertino. Alternative 2 is to eliminate the housing mitigation requirement of office/industrial development. This would create a friendly environment for business trying to expand through development in Cupertino and promote industrial/office growth. Mr. John Hailcy, representing Tandem Computers, said he was concerned about Alternative. 1 because a mandatory fee of $5 per square foot is excessively high and they believe they can build units cheaper than that. Regarding Alternative 2, Tandem would be very interested in that in the long term but they are concerned about the risk of de- certification of the General Plan. Also, they wish to insure that once a project has been approved they still have the ability to bank housing units to be built at a later time when more commercial properties are built. Discussion followed regarding the definition of "housing bank" and the need to clarify '-- the tenn. Chang felt this was a good starting point but both alternatives need more review, and Cupertino should survey cities to see what they are charging for in-lieu fees. Sorensen was concerned about the affect on local companies and their ability to remain competitive. She suggested a joint study session of the economic development group, Council, Planning Commission and Housing Commission. Bautista said he did not want to pursue Alternative 2. He feels a mitigation measure is needed, but it should be comparable with standards from other cities to help protect against de-certification of the General Plan. He preferred a voluntary approach, "pay or build." Dean said this was a classic case of too much government. When this manual was written the computer industry was rapidly growing, but it's a different industry today, and the city must be concerned about businesses staying profitable. It is not the companies' problem to be in the real estate business. Burnett said that housing needs are growing, and even if Cupertino were able to meet its housing goal there would still be some who worked here but had to live in the central - valley. Land is the issue here, and there is not enough zoned for housing. He felt that Alternative 1 was the most appropriate, and perhaps the in-lieu fee should be reviewed. He commented on Mr. Halley's concerns about Tandem's housing plans, and felt that if they proceeded in a timely fashion to meet those needs, there would be no need to break Aul~ust S, 1996 Cupertino C'~by Counc'~l Page that deal. This is a Tandem-oriented issue, since other affected companies do not have the land to provide housing. Dean said he did not think the issue of housing was as important as the overcrowding that would be caused in schools. The Community Development Director suggested that instead of a study session, they could have a meeting with representatives of the various groups. Chang moved that this matter be referred to the Economic Development Team for review of Alternative Nos. 1 and 2, and other options they may identify, and that the Housing Commission review the in-lieu fee. Bautista suggested an amendment to the motion that the Economic Team review the alternatives and other options with input from their members, which includes members from the City Council, Chamber of Commerce, and the affected companies. Also, Tandem Computers and representatives from the Planning Commission and Housing Commission will be invited to participate in the review process and provide input. Chang accepted the amended motion. Sorensen seconded and the motion carried 4-1 with Bumett voting no. 21. Report from the Parks and Recreation Commission regarding composition of the Teen Task Force. The Parks and Recreation Director reviewed the staff report. Sorensen moved to accept the Parks and Recreation Commission's recommendation to convene a policy committee to establish a task force to conduct an analysis of teen services and programs within Cupertino. Bautista seconded and the motion carried 5-0. 22. First reading of Ordinance No. 1731: "An Ordinance of the City of Cupertino Amending Various Titles of the Cupertino Municipal Code for the Pmloose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforming 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 Streamlining Various Provisions." The City Clerk read the title of the ordinance. The City Attorney noted that there were two items which were rather more than housekeeping items. One was on page 22-55, which would repeal the section on the exhibition of chug paraphernalia to minors. He said it has never been used, and has outlived its usefulness. The other section was on page 22-92, which deletes civil penalties for cutting down heritage or specimen trees. He explained that this year the state legislature adopted a civil penalty statute which establishes a process to create a civil - penalty procedure. The city may choose to do that, but if so it should be done for the entire code. At this time, the item regarding the trees is the only civil penalty in the code and is now probably invalid. He recommended that Council not establish a civil penalty procedure at this time. August 5, 1§§6 Cupe~no City Council Page 6 Burnett called two other items to Council's attention. One section that is being removed is the ability of the City Manager to deny a parade pcLmit if the group is profit making. The other is that all traffic demand management requirements have been removed by the state, so there is now no way of enforcing traffic controls for the City's Tier II system established in the General Plan. Sorensen 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. 23. Discussion of a possible change in the fire code to require class A roofing for all residential structures. The Community Development Director reviewed the staff report and highlighted the pros and cons of this proposal. It would enhance public health, reduce property loss, and lower insurance rates over time. However, it would also deviate from the regional goal of uniform codes, the initial cost may be higher for re-roofing because of a change in structure, and it may result in the use of non-harmonious materials in planned unit developments. Chief Sporleder of the Central Fire District introduced Mr. Robert Bums, a retired Mountain View City Fire Chief. Mr. Bums said he was a member of the Committee for fire-safe roofing, a non-profit consumer information group funded by manufacturers of fire retardant roofing. He explained that many fire chiefs tried to have a similar Class A policy adopted but were unsuccessful, so this committee was formed 13 years ago. Since than .280 cities in the state have adopted codes in excess of the Uniform Fire Code. He distributed a document called Fire Retardant Roofing, and showed samples of brands that are used for a burning brand test to establish Class A, B, and C roofing materials. Chief Sporleder said that Cupertino currently requires Class A roofing in hillside areas, and Class C for all other residential properties. Building Official Joe Antonucci said there had only been discussions about hillside properties, and no discussion had been held about the rest of the district and whether Class C was sufficient. Bumett said he felt it was-important to make this change. In particular there are some houses on the way to Regnart Canyon that are in a hazardous area. Bautista agreed that the change would be good but was concerned about the aesthetics. He suggested that Council specify the types of Class A roofing that would not be aesthetically acceptable. Council concurred to schedule a public hearing to consider a local amendment to -- universally require Class A roofs. Staff will invite participation from interested parties, including public safety personnel and representatives from the building industry. The Community Development Director said that he would also bring samples of roofing materials for review. August 5, 1996 Cupertino C~ Council Page 7 ORDINANCES 24. Second reading and enactment of Ordinance No. 1729: "An Ordinance of the City Council of the City of Cupertino Prohibiting Parking Along East Side of Portal Avenue from Stevens Creek Blvd. South, 175 Feet". The City Clerk read the title of the ordinance. Sorensen moved and Chang 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. Sorensen moved and Dean seconded to enact Ordinance No. 1729 Motion carried 5-0. 25. Second reading and enactment of Ordinance No. 1730: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Establishment of Vehicular Stop Required at Certain Intersections". The City Clerk read the title of the ordinance. Sorensen moved and Bautista 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. Sorensen moved and Bautista seconded to enact Ordinance No. 1730. Motion carried 5-0. STAFF REPORTS - None. COUNCIL REPORTS Mayor Burner reported that the Board of Supervisors will be voting tomorrow whether they will support measure A and Measure B, regarding transportation, for the November ballot. Also, Caltrans has reported that they will fast-track the installation of median barriers on Highway 85 from 280 to 101, beginning at Cupertino. Counc. Bautista reported that the Economic Development Team had split into four groups in order to more effectively address specific issues. CLOSED SESSION At 8:22 p.m., the meeting was recessed to a closed session in Conference Room A to discuss initiating litigation pursuant to Government Code Section 54956.9(c) regarding abatement action, Floyd Meyer. At 8:35 p.m. Council reconvened in open session. The City Attorney announced that no action had been taken except to grant an extension to Monday, August 12, for Mr. Meyer to complete the abatement. .. August g, 1{}¢6 Cupertino City Council Page 8 ADJOURNMENT At 8:36 p.m. the meeting was adjourned to 6:00 p.m., Monday, August 12, 1996, Council Chamber, for a joint meeting with the Planning Commission for introduction of a proposed development plan for the property known as the "Diocese" property. City Clerk