CC 06-03-96-- CC-924
MINUTES
Cupertino City Council
Regular Meeting
June 3, 1996
PLEDGE OF ALLEGIANCE
Mayor Burnctt called thc meeting to order in the Council Chambers of Cupertino City Hall,
10300 Torte Avenue, at 6:50 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.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles
Kilian; Administrative Services Director Carol Atwood; Public Infomaation Officer Donna Krey;
Parks and Recreation Director Steve Dowling; Planner II Vera Gil; Community Development
Director Cowan; and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
Mayor Burnett presented certificates to anti-graffiti poster contest participants. Cash prizes will
be awarded to the first and second place winners at their school assemblies. Yi-Yurn Wang won
$300 for first prize, and Genie Son and Kaori Hashimoto each won $100. Posters are on display
in the City Hall lobby.
Mr. Chuck Corr, Director of Business Services from the school district, said they were very
pleased to participate on the committee in putting this all together. They were pleased with the
number and quality of the entries, there were over 150 not counting those from the high school.
POSTPONEMENTS
Item No. 12 was tabled and item No. 15 was continued to June 17, as requested by staff.
WRITTEN COMMUNICATIONS
Burnett noted that written communications had been received from the County Assessor offering
to make a presentation to Council on the assessment process. The City Manager said that he
would arrange for the presentation in the near future.
ORAL COMMUNICATIONS
June 3, 1996 Cupertino City Council Page 2
-- Mr. Floyd Meyer, Cupertino resident, said he was speaking under oral corrmaunications because
Council would not place his items on the agenda. He asked again about the status of the flag
covers which his daughter had made. He said Council had not yet taken any action on the militia
issue. Mr. Meyer said he had received no reply yet from a fax sent to President Clinton and
Congresswoman Eshoo about the Montana Freemen. He asked Council to forward a copy as
well. Mr. Meyer said he had not gotten a reply to his questions about park fees, and asked how
to get that item on the agenda. The Public Works Director said they were thankful to have the
flag covers, they are used whenever the flags are transported to other locations.
CONSENT CALENDAR
Chang moved to approve the Consent Agenda Items as presented, with the exception of item No.
12, which had been tabled. Sorensen seconded and the motion carried 5-0.
1. Resolution No. 9617: Accounts Payable, May 17, 1996.
2. Resolution No. 9618: Accounts Payable, May 24, 1996.
3. Resolution No. 9619: Payroll, May 17, 1996.
4. Proposal for Cupertino Housing Commission to co-sponsor "Housing Solutions for
.~ Silicon Valley", a Housing Action Coalition event.
5. Approval of minutes of May 20, 1996, regular meeting.
6. Resolution No. 9620: Making detem,inations and approving the annexation of territory
designated "Byme Avenue 96-02", approximately 0.165 acre located on the west side of
Byme Avenue between Dolores Avenue and Alcazar Avenue; Ikeda (APN 357-12-033)
7. Resolution No. 9621: Making detemdnafions and approving the annexation of territory
designated "Byme Avenue 96-01", approximately 0.172 acre located on the north side of
McClellan Road between Byrne Avenue and Orange Avenue; Askarinam (APN 357-14-
012).
8. Resolution No. 9622: Authorizing execution of agreement with H. M. and T. Limited
Liability Company (Sui Hwu), Blaney Avenue.
9. Resolution No. 9623: Authorizing execution of Second Amendment to Agency
Agreement for Countywide Hazardous Waste Collection Program.
10. Resolution No. 9624: Authorizing execution of agreement with the County of Santa
Clara for the reauthorization of the countywide AB939 implementation fee.
- 11. Review of application for Alcohol Beverage Control license for St. John's Pub & Grub,
19541 Richwood Drive.
June 3, 1996 Cupertino City Council Page
VOTE COUNCIL MEMBER
Ayes: Bautista, Burnett, Chang, Dean, and Sorensen
Noes: None.
Absent: None.
Abstain: None.
· ITEMS REMOVED FROM THE CONSENT CALENDAR
12. Resolution No. 9625: Approving parcel map and improvement plans of property located
at 10187 Stonydale Road, developer William Klein, and authorizing the execution of
improvement agreement.
At the request of staff, this item was tabled.
PUBLIC HEARINGS
13. Public hearing to consider 1996-97 preliminary budget.
The Director of Administrative Services Atwood reviewed the budget summary in the
_ packet. Burnett opened the public hearing. No indivicluals wished to speak and the
hearing was closed. Atwood said that the second hearing and adoption of the budget will
be on the June 17 agenda.
14. Public hearing regarding user fees.
(a) Resolution No. 9626: Rescinding Resolution No. 9425 and establishing user fees.
The Director of Administrative Services reviewed the proposed changes to the user fees.
Cost reimbursement fees have been modified to reimburse on an actual cost plus 10%
overhead. A lien processing charge of $25 per book/block/parcel was added, and an
exempt business license processing fee of $25 has been added. Fees for the Blackberry
Fa~i~ Golf Course will be increased by an average of $1.00 per round, and several room
rental and picnic area rates have been increased for the Quinlan Center and Memorial
Park.
Burnett opened the public hearing and no individ-als wished to speak. Dean moved and
Sorensen seconded to adopt Resolution No. 9626. The motion carried 5-0.
15. 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 Boulevard and Homestead Road.
This item was continued to June 17.
' June 3, 1996 Cupertino City Council Page 4
PLANNING APPLICATIONS - None.
UNFINISHED BUSINESS - None.
NEW BUSINESS
16. Approval of loan temis and agreement for Cupertino Community Services' purchase of
four-plex.
Planner II Vera Gil reviewed the staff report. She explained that the funds are federal
Community Development Block Grant monies, and the purpose is to provide assistance
to low- and very-low-income families. CCS is requesting a deferment of $100,000 for
the life of the loan, and amortized payments to begin in year six for the remaining
$220,000. The entire loan mount would be subject to an interest rate of 3 pement. In
response to a request by Bautista, Gil said that she would add a paragraph to the
agreement to insure that there was no subordination provision.
Dean moved to approve the agreement with Cupertino Community Services and
authorize the City Manager to sign the agreement. Sorensen seconded and the motion
carried 5-0.
17. Request for City Council to set a time and date for hearing to consider the recovery of
costs incurred for repairs/installation of new roof at 19851 La Mar Drive as a result of a
housing code violation enfomement.
The Community Development Director reviewed the staff report. Sorensen moved to
schedule a hearing on July 1 for consideration of cost recovery. Bantista seconded and
the motion carried 5-0.
18. Discussion of West Valley Hillsides Joint Planning Review.
The Ctmmunity Development Director reviewed the staff report and explained that the
Planning Commission proposes that the city not develop beyond the current 5-year
growth boundary, even on a long-tern, basis, so the existing urban service area line is
final. The other hillside communities are planning basically the same thing.
Ms. Beez Jones, a Cupertino resident, asked that landowners and residents be included
when discussions begin about the county and city hillside land use agreements, as well as
including the Mid-Peninsula Open Space District. She described a map she had seen in
the newspaper, which had an additional bound_ary line which went farther into the
foothills. The Community Development Director said that the County is not interested in
re-opening their General Plan since they just finished a 3 or 4-year effort. This purpOse
June 3, 1996 Cupertino City Council Page 5
of this joint planning review is merely to look for commonality among cities and the
county and try to retain existing policies. If there are plans to do something different than
that, then there would be public hearings and the residents would certainly have an
opportunity to give input.
Sorensen said she was pleased that so much progress had been made on this topic. She
said she was opposed to joint powers agreements and what they entail, and she would be
sure that homeowners are included in any discussions about changes in policy.
Dean moved to endorse the recommendations of the Planning Commission as set forth in
Resolution No. 4710, as follows: The Long Term Growth Boundary should be
coterminous with the urban service area; the cumulative and growth-inducing impacts of
uses allowed in the unincorporated hillsides should be considered; and the agreement
with the County should contain a mission statement, or other means, to convey the
importance of interaction between the County and Cupertino regarding development in
Cupertino's sphere of influence. Bautista seconded, and the motion carried 5-0.
19. Consideration of cancellation of one meeting in August.
Council concurred to cancel their meeting of August 19, 1996.
ORDINANCES - None.
STAFF REPORTS - None.
COUNCIL REPORTS
Mayor Burner reported that the Transportation Authority met to discuss concerns about
Moffet Field night operations. It may not cause as much impact as originally thought,
since the freight planes can leave in the evening over the bay, and if winds are low in the
morning they can also come in over the bay. They would have to fly over inland areas
about 3% of the time when there are strong onshore winds.
The City Manager reviewed the recommendations of the Legislative Review Committee.
He also noted that the AB 1352 (Bmlte) was killed on the Assembly Floor, and that
Assemblyman Cuneen had voted against it. Council directed staff to send a thank-you
letter to Cuneen acknowledging his efforts to block that legislation.
Dean moved to accept the recommendations as follows, Chang seconded, and the motion
carried 5-0.
Support AB 1436 (Burton), First Responder Emergency Services
Support AB 2357 (Morrow), Skateboarding, Municipal Liability.
June 3, 1996 Cupertino City Council Page 6
Counc. Dean reported that the anti-graffiti poster contest and other publicity about the
reward program is already showing positive results, and it was exciting to see action
taking place on this effort.
Counc. Sorensen reported on the plans for the Fourth of July celebration, including a
children's parade, pancake breakfast, refreshments for sale, a live band, and a sing-along.
She expressed her appreciation for the corporations and citizens that had already sero in
money to support the event.
ADJOURNMENT
At 8:00 p.m. the meeting was adjourned.
Kimb~Smith
City Clerk