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CC 07-01-96 CC-926 MINUTES Cupertino City Council Regular Meeting July 1, 1996 PLEDGE OF ALLEGIANCE Mayor Burner 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: Michael Chang, Wally Dean, Lauralee Sorensen, and mayor Don Bumett. Council members absent: John Bantista. Staffpresent: Acting City Manager Bert Viskovich; City Clerk Kimberly Smith; City Attorney Charles Kilian: Public Information Officer Donna Krey; Parks and Recreation Director Steve Dowling; Community Development Director Bob Cowan; and Code Enforcement Officer Gary Komahrens. CEREMONIAL MATTERS - PRESENTATIONS Sharon Blaine showed a brief video made by the Federal Emergency Management Agency (FEMA) of Cupertino's emergency preparedness drills put on by the Disaster Preparedness Coordinator Marie Moore. She wanted Council to know how much the St. Andrews/Riverside Neighborhood appreciated the promotion of this partnership between residents and the city. She thanked Made Moore, Diane Snow, Jerry Brager, and staff from the Service Center, the City Channel and the Sheriff's Office for their assistance. POSTPONEMENTS - None. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Mr. Wen-Lung Chow, a resident of Cupertino, objected to the mandatory garbage service. He asked what purpose it serves, and said it did not meet his needs as an apartment manager. Also, the garbage company won't pick up building materials. Mr. Chow said he had offered to start his own garbage company but the City would not issue a license for that. He asked for a written response from the Mayor. The Public Works Director explained that the mandatory participation creates the cash flow necessary to provide other services, such as comprehensive recycling which was required by AB 939. July 1, 1096 Cupertino Gty eOuncll Page Ms. Elizabeth Zimmerman, the Environmental Programs Director for the Santa Clara Valley Manufacturing Group, distributed their first Indust~ Environmental Report and asked that any comments or suggestions be directed to her for the next year's document. Mr. Floyd Meyer, 10486 Westacres Drive, discussed his concerns about possible child abuse at Juvenile Hall He said that the Administrative Services Director had forwarded his comments to them, but he had received no response from them. He said it was important that parents of those children stay in close communication with them. CONSENT CALENDAR Sorensen moved to adopt the Consent Calendar items as recommended. Dean seconded and the motion carried 4-0, with Baufista absent. 1. Resolution No. 9647: Accounts Payable, June 14, 1996. 2. Resolution No. 9648: Accounts Payable, June 21, 1996. 3. Resolution No. 9649: Payroll, June 14, 1996. 4. Approval of minutes of regular meeting of June 17, 1996. 5. Resolution No. 9650: Setting hearing to provide for lien assessment and collection resulting from abatement of public nuisance (weeds). 6. Acceptance of municipal improvements: Emily Chen Project (The E & H First Family Limited Partnership ) B1aney/Baywood (4 lots). 7. Resolution No. 9651 Approving a Joint Powers Agreement between the City of Cupertino and County of Santa Clara for the Community Development Block Grant Program. 8. Resolution No. 9652: Authorizing execution of agreement for management services at Blackberry Feaccs. 9. Resolution No. 9653: Authorizing extension of tenant agreement with Cupertino Historical Society. Vote Members of the City Council AYES: Bumett, Chang, Dean, and Sorensen. NOES: None ABSENT: Bautista ABSTAIN: None ITEMS REMOVED FROM TIlE CONSENT CALENDAR - None. July 1, 1996 Cupertino City Counell Page 3 PUBLIC HEARINGS 10. Resolution No. 9627: Ordering vacation of public utility easement and sanitary sewer easement; located over a portion of Lot 98 of Tract No. 8325; Citation Homes, southeast comer of DeAnza and Homestead (Continued t~om meeting of June 17, 1996.) The Public Works Director reviewed the staff report. Mayor Burner opened the public hearing at 7:07 p.m. No individuals wished to be heard, and the public hearing was closed. Sorensen moved to adopt Resolution No. 9627. Dean seconded and the motion carried 4-0 with Bautista absent. 11. Public hearing to consider recovery of costs incurred for repairs/installation of a new roof at 19851 La Mar Drive as a result ora housing code violation enforcement. The Uniform Housing Code, Section 1601, provides for the recovery of cost incurred by lien of assessment. (a) Resolution No. 9654: Ordering a special assessment against property located at 19851 La Mar Drive, APN 369-10-032. The Community Development Director said the purpose of the hearing is to consider placing an assessment against the property. Mayor Bumett opened the public hearing at 7:09 p.m. Mr. Floyd Meyer, 10486 Westacres Drive, suggested this item be continued so that a carpenter which he knew could review the materials list and billing costs to insure that everything is in order. The Community Development Director explained that the roof had been in need of repairs for several years. The owner chose not to repair it, but an arrangement was reached in which the City got three bids, the repairs were made, and the owner is not protesting the process. Dean moved to adopt Resolution No. 9654 which will place of Lien of Assessment on the property and authorize five installment payments with interest. Sorensen seconded and the motion carried 4-0 with Bautista absent. 12. Public hearing to review the mount of revenue produced by the storm drainage service charge and the estimated cost of the city's Non-Point Source Control and Storm Water Management Program. Staff recommends no change in the amount of such charges. (a) Resolution No. 9655: Conducting an annual review of the Storm Drainage Service Charge. The Public Works Director reviewed the staff report. Mayor Burner opened the public hearing at 7:11 p.m. No one wished to speak and the public hearing was closed. ' July 1, 1996 Cupertino City Council Page Sorensen moved to adopt Resolution No. 9655 and that the City continue collecting the assessment of fees for sto,,l, drain purposes at the existing rate on the property tax bill for FY 1996-97. Chang seconded and the motion carried 4-0 with Baufista absent. 13. Public hearing to consider whether vehicles located on property at 10486 Westacres Drive, Cupertino California (Meyer) are abandoned, wrecked, dismantled or inoperative and constitute a public nuisance under Chapter 11.04 of the Cupertino Municipal Code. At the conclusion of the hearing, the City Council shall reverse, modify or affim~ the detemfinafions of the City Manager and make such orders and confirmation of costs as appropriate. The City Attorney described the hearing process established by Municipal Code Section 1.09 Appendix A. He asked the City Clerk to administer the oath to any parties who intended to be witnesses in this ease. Mr. Meyer declined to take the oath. The City Attorney said Mr. Meyer is the property owner and can speak without taking the oath but Council is not required to consider his comments as evidence of any fact. The City Clerk administered to the oath to Code Enfomement Officer Gary Kornahrens. The City Attorney asked that the Clerk make part of the record 10 City exhibits. Copies of these exhibits had been provided to Mr. Meyer by mail previously. Code Enforcement Officer Gary Kornahrens presented the City's case regarding the - inoperative vehicles. October 29, 1995, the Santa Clara County Sheriff's Office called his attention to several possible code violations. There were five vehicles which appeared inoperable and without a current license. A letter was sent to the property owners on October 30. Komahrens explained that although one of the five vehicles had been removed and another licensed, no further progress had been made since February of this year. A number of contacts were made and requests for extension have been honored during this process. Notices of intent to abate the nuisance were then issued. At 7:13 p.m. the public hearing was opened. Mr. Meyer asked questions of the Code Enforcement Officer, including his length of service as a code enforcement officer, how long he thought the vehicles had been there, whether he had obtained permission to enter the property in order to photograph the vehicles, whether they had discussed Mr. Meyer's plan to address the situation by moving vehicles from the garage and licensing them, storing the others, and mining the van into a trailer. Kornahrens answered that the vehicles had been there at least three years, he had not asked permission to photograph the vehicles, and they had discussed Mr. Meyer's plans. Mr. Meyer asked if anyone in the audience were here on this matter. He said that he was concerned that his neighbors had not complained, and did not understand why the City did not act on this code violation earlier. He said it is long past due that the vehicles be moved. He asked how long he would have to abate the vehicles, because he needed to .._ have some teeth pulled and that would keep him out for three weeks to one month. He asked for clarification on the costs which may be incurred. The City Attorney explained that all costs have not yet been incurred, and they will include the cost of enforcement as ' July 1,100/; Cupertino City Council Page well as any legal costs that may be incurred, so they cannot be detemfined at this time. If Council affirms the decision of the City Manager, there will be another hearing in the future to deteimine costs and Mr. Meyer will have an opportunity to object to the costs at that time. The public hearing was closed at 7:31 p.m. Council and Mr. Meyer were given copies of a draft resolution finding that there is a public nuisance. Sorensen said Mr. Meyer had received his final notice of the intent to abate on March 3. A two-week extension was granted, and then notices were sent out April 30. He has a plan to address the situation. She was willing to allow 30 days for voluntary abatement and waive any costs incurred to date. Chang agreed. Dean asked Mr. Meyer if he would abate the situation if he were given 30 days. Mr. Meyer said he would. Sorensen moved to adopt Resolution No. 9656 with 30 days allowed for voluntary abatement, and to adopt a minute order to the Finance Department that in the event that the vehicles are removed within the 30-day period by voluntary action on Mr. Meyer's pan, all costs incurred by the City up to tonight's date would be waived. Dean seconded, and the motion carded 4-0 with Bautista absent. 14. Application 1-GPA-96, General Plan Amendment to (1) change the land use map designation from Very Low Density Residential, Foothill Modified slope density formula - to Low Density Residential, 1-5 dwellings per gross acre or whatever designation the City Council deems appropriate. The amendment applies to 12 acres of mostly- developed land along Ricardo Road and Miramonte Road; (2) revise the text of the General Plan regarding the redistribution of 500 total dwelling units proposed to be located in the vicinity of Stevens Creek Boulevard between Route 85 freeway and the eastern city limit line. Environmental Detemdnation: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from the meeting of June 17, 1996.) (a) Resolution No. 9640: Approving general plan amendment. The Community Development Director reviewed the staff report on zoning of the Ricardo lane area, and said that the Planning Commission recommended that there be at least some dialog on the issue of street standards. The public hearing was opened at 7:45 p.m. Mr. John Michel, a resident of Ricardo Road, said he was in favor of zoning the property Low Density Residential because it does not fit into the hillside designations. The concern of most of the residents of Ricardo Road is that it be retained as a sleepy little lane, not be widened and have a sidewalk and street lights added. There is very little traffic on the dead-end street that is just a couple hundred yards long. The Planning Commission requested information on how to retain this street in a rural standard. Mr. Michel felt that merely waiving the sidewalk requirement would not be sufficient. The Public Works Director said the road is currently only driveway width and there is not proper safety access for fire vehicles so it would have to be widened. These changes July 1, 1996 Cupertino City Council Page 6 would be made as property developed. Unlike other communities with rural lanes, the properties on this street have no space on site for' visitor parking, so guests must park in the lane. The Community Development Director reviewed the staff report on the redistribution of 500 total dwelling units on Stevens Creek Boulevard. Bumett said he believed staff's recommendation makes sense. If these properties were to redevelop they would probably be more high-density and improvements to the mad would be necessary. The Community Development Director said that Council may choose to discuss the road standards separately from the G-enerai Plan amendments. Dean said that going from a 10-foot wide street to a 30-foot wide street would be a shock, and hoped that there could be compromise reached which would still address safety concerns. Dean moved to adopt Resolution No. 9640 approving the General Plan amendments and to postpone the discussion of road standards pending input by the Fire Department, and review and report back by the Planning Commission. Sorensen seconded and the motion carried 4-0, with Bantista absent. Sorensen moved to adopt a Negative Declaration. Chang seconded and the motion carried 4-0, with Bautista absent. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS 15. Review of bids and award of contract for Somerset Park Improvements, Project 96-9102. The Public Works Director reviewed the staff report. Sorensen moved to award the project to Jensen Co~poration based on the lowest bid in the amount of $172,770; to approve a 5% contingency for a total project of $181,400; and to appropriate $74,400 from the General Fund. Chang seconded and the motion carded 4-0 with Bautista absent. 16. Hearing of appeal of decision of Director of Public Works concerning the use of inappropriate garbage containers for yard waste. (Tom Horsley, appellant). The Public Works Director reviewed the staff report and explained that Mr. Horsley does - not want to utilize the existing recycle toters because of a preference for different materials. Mr. Horsley cannot use a container different than the toter because it is an automated program that utilizes equipment with specific standards. To have an operator July 1, 1996 Cupertino Cily Council Page '1 lift the container manually is a safety issue because of the height to which it must be lifted. Staff provided some alternatives, including 1Mr. Horsley having his own yard waste compost program in his back yard; disposing of it to Zanker landfill directly; or contracting with Los Altos Garbage to pick up yard waste after a certain amount is accumulated. However, Mr. Horslcy would like to pay an extra surcharge to usc a different container but that is not acceptable because of the automated system. Mr. Tom Horsley, 10798 Willowbrook Way, said he is a very strong environmentalist and believes that plastic is bad for the environment. Although some is described as biodegradable, that is controversiai, and most actually stays in the environment forever. He referred to Municipal Code section 6.24.080 regarding inappropriate garbage containers which allows for an appropriate additional charge for other containers. He suggested a $2.00 additional charge for pickup of rubber containers and $2.50 for pickup of metal containers. This would raise more money for the garbage company and compensate for the increased risk incurred by thc operator. Dean said it is unfortunate that there is a problem with the container type. The City is trying to keep rates low by increasing the efficiency of the system through automation. Sorensen said her biggest concern was the increased risk of injury to the operators. Chang said he interpreted the code section differently as that being an option, but not a requirement, to establish fees for inappropriate containers. The City Attorney said this language is intended for general garbage pickup where people use all types of containers for mannal pickup, not the specific program the Public Works Director is referring to. Municipal Code section 6.24.325 says the Public Works Director has the power to specify types of special containers required, and he felt that gives the authority to the Director to prohibit certain types of containers as not conducive to the particular program. Chang suggested that Mr. Horsley work something out with the garbage company to see if there is a way to develop a container made of material acceptable to him that would also work with the automated system. The Public Works Director said the cost would be very high but Mr. Horsley couid explore that. Burnett agreed with comments by Dean about rubber not being a solution either. Rubber is made from petroleum, metal is extracted from the earth in what can be a very destructive process. There is no way to prove that any one of these is environmentally better. Sorensen moved to deny the appeal. Chang seconded and the motion carried 4-0 with Bantista absent. 17. Notice of unscheduled vacancy on the Fine Arts Commission and scheduling of interviews. The City Clerk reviewed the report and said that the vacant term will expire in 1999. Council concurred to schedule interviews for August 5 at 6:00 p.m. Applications will be accepted through July 26. July 1, 1996 Cupertino City Council Page g ORDINANCES 18. Second reading and enactment of Ordinance No. 1728: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.16 of the Cupertino Municipal Code, City Council--Salaries." The City Clerk read the title of the ordinance. Sorensen 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 carded 4-0 with Bautista absent. Sorensen moved and Dean seconded to enact Ordinance No. 1728. Motion carried 4-0 with Bautista absent. STAFF REPORTS The Public Works Director reviewed the progress on tree planting in the medians on Stevens Creek Boulevard. He explained that originally staff had been directed to proceed as far as Blaney Avenue but they have found that the appropriate pear trees are difficult to obtain. Also, the contractors are already on-site, so staff proposes to purchase and plant enough pear trees to complete the medians as far as Blaney Avenue instead of stopping at Torre. Unless one of the Council members asks to put this on next week's agenda, staff will proceed as proposed. COUNCIL REPORTS Burner reported that the Santa Clara Valley Manufacturer's Group worked with a number of transportation experts and are proposing a couple of measures for the November ballot. One will be a one-half cent sales tax increase for 9 years, and the other is an advisory bill regarding projects for these funds. Surveys show that the most popular reason is the maintenance of streets. Chang reported that the County Library Board met and approved the addition of two hours more hours of service on Sundays. Also, the Joint Powers Authority approved the recommended budget. Chang also reported that the Fourth of July Committee had raised about $27,000 and were continuing to accept donations. Everyone was invited to attend the celebration beginning with a pancake breakfast and children's parade, and finishing with entertainment and fireworks at DeAnza College. CLOSED SESSION At 8:39 p.m., Council recessed to a closed session in Conference Room A to discuss negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8) - 21979 San Femando Avenue. At 9:07 p.m., Council reconvened in open session. The City Attorney announced that Council had directed their negotiator, Bert Viskovich, to make an offer _ and such communications as were directed in closed session. July I, 1996 Cupertino City Council Page ADJOURNMENT At 9:07 p.m. the meeting was adjourned. City Clerk