CC 05-20-96 CC-923
MINUTES
Cupertino City Council, Regular Meeting
May 20, 1996
6:45 p.m.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. the Council convened in the Council Chambers and Mayor Burnett led the Pledge
of Allegiance.
ROLL CALL
Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen, and
Mayor Don BurneR. Council members absent: None.
Staff present: City Manager Don Brown; Deputy City Clerk Roberta Wolfe; City Attorney
Charles Kilian; Administrative Services Director Carol Atwood; Planner II Michele Bjurman;
Public Irrformation Officer Donna Krey; Parks and Recreation Director Steve Dowling;
Community Development Director Cowan; and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Floyd Meyer, Cupertino resident, asked what had become of the flag covers he had had made for
the City. He also asked why consideration of forming a militia had not been placed on the
agenda as he had requested via fax.
CONSENT CALENDAR
Mayor Burner removed item 7.
Bautista moved to adopt the Consent Calendar items as presented. Dean seconded and the
motion carded 5-0, with Sorensen abstaining on item 5 only.
1. Resolution No. 9613: Accounts Payable, May 3, 1996.
2. Resolution No. 9614: Accounts Payable, May 10, 1996.
3. Resolution No. 9615: Payroll, May 3, 1996.
4. Review of application for Alcohol Beverage Control license for (a) Yiassoo, 10660 South
De Anm Boulevard; (b) Duke of Edinburgh, 10801 North Wolfe Road.
May 20, 1996 Cupertino City Council Page 2
5. Approval of minutes of May 6, 1996, city council meeting.
6. Acceptance of municipal improvements: Tract 8723, Landmark project on Rainbow
Drive; Debcor Corporation four-lot project on Dolores Avenue.
Vot~ Members of the City Council
AYES: Bautista, Chang, Dean, Sorensen, Bumett.
NOES: None
ABSENT: None
ABSTAIN: Sorensen (Item 5 only)
ITEMS REMOVED FROM TIlE CONSENT CALENDAR
7. Resolution No. 9616: Approving final map and improvement plans of Tract No. 8831;
southeast comer of De Anza Boulevard and Homestead Road; Citation Homes; accepting
certain easements; authorizing signing of final map and improvement plans; authorizing
execution of agreement.
Bill Lapson, 10990 Via Sorrento, representing Portofino Homeowners Association, said
this property is part of six lots that are in the Portofino Homeowners Association. The
- association had no serious objection to the re-subdivision in Tract No. 8831, but wished
to go on record so as not to be precluded from bringing up any issues that they have over
and above the re-subdivision of these lots. He submitted a document prepared by
Citation and presented to the homeowners association in December 1994 and March
1995. The document is a summary of Citation's proposed amendments to the Portofino
CC&Rs. He pointed out that these amendments were rejected by the association on both
occasions. The rejection of the amendments also resulted in the rejection of annexation
of the Corsica project. He emphasized that the controversy between Citation and the
association has been because of their insistence on exercising the fights as if the
amendment to the CC&Rs had been accepted by Portofino homeowners.
Sorensen moved to adopt Resolution No. 9616. Bautista seconded the motion. The
motion passed 5-0.
PUBLIC HEARINGS
8. Application .No. 1-V-96 Dan Askarinam - Appeal of Director of Community
Development decision regarding a variance to construct a single family residence of
2,700 sq. ft. or floor area ratio of .48, whichever is less, in a Pre-R1-7.5 Zoning District at
10496 Byme Avenue, APN No. 357-14-012. Environmental Determ'mation:
Categorically Exempt. The Planning Commission recommendation is to uphold the
.... decision of the Director of Community Development.
Community Development Director Cowan reported that a letter had been received from
the appellant withdrawing the appeal. By eonsansus, the matter was removed from the
agenda.
May 20, 1996 Cupertino City Council Page 3
9. Public hearing to consider creation of an historic preservation ordinance.
(a) First reading of Ordinance. No. 1726: "An Ordinance of the City Council of the
City of Cupertino Creating Chapter 19.82, Historic Preservation Regulations, of
the Cupertino Municipal Code."
Planner II Micbele Bjurman presented the staff report which included recommendations
from the Planning Commission on the following unresolved issues: l) Who will make
decisions on historic preservation issues. 2) What should the ranking system be used for
and by whom. 3) Should the ord'mance be modeled after a strict preservationist or
rehabilitation approach. She said the proposed ordinance uses the rehabilitation
approach.
Robert Meyers, 21324 Dexter Drive, said he was neutral on the subject but thought
having an historical ordinance is appropriate. He said he hoped whatever action was
taken on the ordinance would not impair council taking action on the next item. favored
the rehabilitation approach because it allows use with some controls. He had no concerns
about the Historical Society being used as a resource, but funds would have to be
provided for that. In reference to Section 19.82.070g of the proposed ordinance, he
suggested including the date of the guidelines referred to in the last sentence. On page 6,
item (3), the standards and guidelines would have to be approved by council. In regard to
item (4), he said to make the ordinance complete, the criteria for state and federal listing
should be spelled out. He urged council to make sure the ordinance is complete before
they enact it. He said he believed that preservation is important but it must be done with
private funding. The way to get this done is to allow reasonable use.
Frances Bush, 10712 Larry Way, said she is an active member of the De Oro Club and
the Historical Society and understood the need for an historic preservation ordinance. She
described how the club retained the historic nature of the building when they replaced
windows and gutters. She said most of the club members felt very resentful that an
ordinance with its rules and restrictions could be put into control over their private
property when their application was submitted last fall, before anyone had thought of an
ordinance. The club would have graciously complied had guidelines been in place and
established at that time. She referred to the list of historical buildings provided by the
Historical Society and said they have been canvassing people on the list without first
contacting them and have upset some people. She said psychological havoc was being
rendered by the manner in which the contacts were being made.
Pat Allen, 10191 Vista Drive, said he lives in the Wills home on the Patterson property,
one of the residences listed by the Historical Society. He said the paperwork submitted
with the ordinance seemed incomplete. Staff had made no attempts to contact anyone on
the list and no one from the Historical Society or staff has taken an interest in his home
previously. He expressed concern for the vagueness of the documentation and that being
on the list might subject his property to a deed restriction and might have an effect on the
property's value. He said meeting the requirements of the ordinance could be expensive.
He said there are more significantly relevant properties in Cupertino and the Silicon
Valley that historically could mean something in the future. He cited examples including
May 20, 1996 Cupertino City Council Page 4
the home where the first financial agreements regarding Apple Computer were reached.
He said he would like to see the ordinance returned to staff and the people on the list
contacted. He said he would like to hear comments from the general public and not just
the Historical Society.
Charles Newman, 10050 N. Wolfe Road, speaking for the Cupertino Historical Society,
said the society favored having an historic preservation ordinance and had no specific
recommendations to alter the draft ordinance. They are in favor of having an historic
advisory committee and there are society members who could assist in the process and in
designating properties in the community. The list presented was not intended as an
official designation but as an attempt to assist in the process of getting to the point where
significant properties and sites in the community can be recognized.
Mike Ure, 10518 Phil Place, said he lived in the Miller/Anderson House which is on the
list, and thanked the Planning Commission and City Council for their efforts in
preserving the home. He said he was not in favor of the ordinance in its present state. In
regard to issues 1 and 3 of the staff report (which were shown on an overhead) Mr. Ure
asked City Council members if they would be willing to place their home under control
of the proposed ordinance. With regard to point number 1, he asked who should make
decisions on historic preservation issues, and suggested that the ad hoc committee be
expanded to include at least two owners of historical properties. Regarding point 3 there
is nothing in the ordinance to suggest that it will take a lenient approach. That seems to
be wholly in the discretion of the ad hoc committee. In any case, they have wide latitude
under this ordinance to do as they wish. He urged that council not pass the ordinance this
evening but rather take into consideration the concerns, especially points 1 and 3.
Sharon Blaine, member of Board of Directors of the Historical Society, said the
community needs an historical preservation ordinance. She suggested these changes: 1.
The committee be permanent, not ad hoc or temporary. 2. Include recent history. 3.
Lean toward preservation not rehabilitation. 4. The ranking system used by Monte
Sereno has some value and she would like to see that used in judging the historical value
of properties. 5. The ordinance would require that an architect with historical experience
be used by those proposing changes. She believed there should be some flexibility for
people who live in historical homes. Those buildings that people don't live in can be held
to a higher standard. Ms. Blaine invited Mr. Anderson to join the Historical Society.
George Monk, 19985 Price Avenue, said he owns the Lazaneo Tank House. He referred
to a letter delivered on May 5 and which referred to the following issues 1. Absence of
any discussion ..with impacted .owners to get their input on the. draft ordinance. 2.
Absence of any discussion during the drafting of the ordinance regarding the impact on
property values of homes that were listed. 3. The plan to record deed restrictions on
properties. He asked that this be eliminated. 4. Include provision in the ordinance to
require owners consent to their property being listed. This would bring the ordinance into
conformity with state and federal rules. Mr. Monk. said he would welcome a
collaborative approach to preservation and does not need enforcement.
May 20, 1996 Cupertino City Council Page
Kathy Nellis, member of the Cupertino Historical Society Board, said all 29 sites are
already in the General Plan and designated as historical sites. The ordinance is
implementation of what has been adopted. The Board had asked Ethel Worn, Executive
Director of the Historical Society, to consolidate three lists into one so it would be clear
what sites are already in the General Plan. Ms. Nellis said she believed the ordinance
should go back to the Planning Commission and all owners on the list should be invited
to provide their input. She said .there should be an historic advisory committee to provide
input from the historical perspective. She said the list was not intended to be all inclusive
and as was pointed out, there is ongoing history. She said there should be separate
restrictions for residential and public buildings and she would like to see further
discussion on the certified local government because one of the benefits would be that the
city would be eligible for funding from the state.
Ann Westwood, 10090 Hillcrest Road, lives in the Amh Wilson home. She said she
appreciated that the ordinance was originally drafted to solve the dilemma of the De Oro
Club but it is affecting private homes that perhaps would be served by a different
approach. For instance the ranking system is not clear and should be made more definite.
She said language has been removed in this draft of the ordinance that there must be
members on the advisory committee who have demonstrated expertise in historical
matters. She was concerned that this leaves the community with a committee who meets
to review details but has no experience or accountability. The ordinance will impose a
finaneiai burden on them that their neighbors would not have to bear. She said they are
faced with higher costs to maintain their home and the resale value will probably be
severely diminished because the pool of potential buyers will be very small. If Cupertino
would like to enact this ordinance Council should think about financial costs to those who
own historical homes and are anxious to maintain them well but would rather avoid the
financial aspect of it. She asked that there be more consideration of the ordinance.
Don Westwood, 10090 Hillcrest Road, expressed a number of strong reservations about
some of the features of the proposed ordinance. He said the language pertaining to single
family homes is ambiguous. The requirements seem designed for commercial properties,
not homes. Involving an expert architect in any exterior modifications is expensive but in
the language of the ordinance, this is encouraged. The very nature of requiring
homeowners to appear before a commission is restricting the property. There is
acknowledgment of the concept of private ownership in reference to economic hardship,
but according to the Planning Commission concern for resale value of property is not a
valid criteria for considering economic hardship. He said his family had checked on
restrictions before they bought their house because of its historical designation, and a city
employee informed.them there .were none. He .said he was concerned that the historical
designation will reduce the value of their house and there is no provision to obtain
property owners' consent to be listed. The city can unilaterally impose this ordinance
without owner consent because they are fundamentally zoning issues. This is at odds
with state and federal regulations which require owner consent. He urged that the
-. ordinance not be enacted as presently written to allow time for these deficiencies to be
corrected.
May 20, 1996 Cupertino City Council Page 6
Mary Lou Lyon, member of the Santa Clara County Historical Heritage Commission,
said she was glad council was an getting around to an historical ordinance. She said she
wanted to speak for Jeanne Ryder, who had recently died, who had pushed for an
historical ordinance. She said some of Planning staff and Commission members should
be trained, and there is a preservation conference in San Jose next weekend. She would
provide infom~ation if anyone is interested in attending. She said the ordinance .must
consider the homeowners but should try to save at least outside appearance of the
buildings.
Sorensen thanked staff and said she appreciated the input, especially from homeowners.
She said the City does need an ordinance and they need to make sure it is complete.
There should be a separate permanent committee which should include an architect and
two homeowners. She said she would like the ordinance to be referred back to the
Planning Conunission and invite all owners of property on list. The Planning
Commission should review the concerns expressed by Mr. Monk, especially the impact
on property values. 'She would like further discussion of certification and consent of
owners because the ordinance needs to allow flexibility.
Chang also thanked staff and said it was clear that more work needed to be done on the
ordinance. He agreed that the city should have an historic preservation ordinance and is
in favor of a rating scale system. However, he would like it to be more definite in terms
of where a house would fall within that scale. He agreed that owners should be notified
- of all meetings and he felt consideration should be given to separate requirements for
residential and public or quasi-public buildings. He favored the rehabilitation approach
over a strict preservation approach and agreed that there should be a separate committee,
although it may not need to be permanent. He asked if there were some way that a
preliminary evaluation of the sites on the list, based on the rating scale, could be done.
He agreed there should be homeowners on the committee and said he wanted to balance
preservation and making the house livable.
Bautista agreed with most of the comments and said he assumed those people who were
affected would be notified. He thought a pem~anent committee makes sense. He did not
see anything about deed restrictions in the ordinance. It would be a zoning designation
(R1H), not a deed restriction. He said he favored a rehabilitation approach as opposed to
a preservation approach and favored a rating system. The ordinance needs to make it
clear how the rating system is used. There needs to be some built-in flexibility for
homeowners. Regarding owner consent to being listed, he said it was an issue that needs
to be looked at more closely.
Dean said he would like to see the Planning Commission, homeowners, staff and the
Historical Society get together and discuss the ordinance. If the intent is to put an
historical ordinance in place, he would like to see a grass roots effort to develop the data
and then have council consider it. He said he thinks a positive ordinance that addresses
- all the major concerns can be created. He said it was clear there is talent available and
maybe council does not have all the facts and needs to listen.
Discussion followed as to the process that should be used.
May 20, 1996 Cupertino City Council Page 7
..... Bumett said he favored a restoration approach and homeowners must be protected.
City Attorney Kilian said council needs to give the Planning Commission direction on the
issue of consent. Regarding whether a homeowner has recourse if he finds out alter he
buys a house that it is designated as historical, Kilian said the issue of inverse
condemnation would not be applicable as long as the owner has reasonable use of his
property. Cities all over the country have adopted zoning ordinances that designated
historical buildings and he knew of no case that has held that as invalid in any way. This
would be legal constraint on property. Kilian said it was all right to have different
regulations for different types of uses. ]'his ordinance regulates only the exterior.
Dean moved to send the ordinance back to the Planning Commission for review with
property owners, staff and historical groups to try to come to a resolution using this
ordinance as the structure but modify it so it is mutually acceptable. Chang seconded and
the motion passed 5-0.
10. Public hearing to consider appeals of Planning Commission approval of Application 1 I-
U-95, Cupertino De Oro Club. Appeals were filed by The Cupertino Historical Society,
Inc. and Friends of Old Collins School. Application 11-U-95 requested a use permit to
add a 580 sq. ft. serving area to an existing club building located at 20441 Homestead
Road. (Continued from April 15.)
Planner II Bjurman reviewed the staff report and said that council action would not render
the landmark ineligible for either state or federal listing, as was indicated page 10-76 of
the staff report.
Robert Meyers said the De Om Club application stands on its own merits. He believed
the ladies of the club have maintained the facility for 75 years and saved it. They are not
interested in changing its historic character and the application should move forward. He
believed that private funds must be used for historical preservation. He thought council
should allow the club to add on but not change the building's character, and get on with
letting the facility be used by present members as well as future ones.
Beez Jones, 10398 Heney Creek Road, said she was speaking for Friends of Old Collins
School. She asked Council to consider that the difference of opinion between the Friends
of Old Collins School and the majority of the De Oro members is philosophical. The
Friends are the descendants of the pioneers and their families which built the foundation
of Cupertino. They want to preserve the few remaining historical buildings. There are so
few because families.lived on.very large.parcels and there.weren?t many buildings. The
Friends of Old Collins School want the De Oro Club to remain a historic building the
request they are making has no bearing on the new ordinance. For years this building has
been on the Historic American Buildings Survey and they feel it should remain on that
list. The historic architect they have been consulting says members' wishes can be
- accommodated within the existing walls. If council grants the application, there are
methods of remodeling to retain the integrity of the building and she asked them to
stipulate that on the permit. There should be the least loss of historic materials and the
character-defining features should not be obscured, damaged or destroyed. Ms. Jones
said the majority of the present De Om Club members do not want it to be listed on the
May 20, ! 991~ Cupert/no City Council Page
National Register. She asked that if Council grants the application, they provide
guidelines so if future members want the building on the National Register the historical
significance has not been destroyed and it does not become ineligible for listing on the
Historic American Buildings Survey.
Mathilda Sousa, 707 E. Homestead Road, Sunnyvale, said her mother attended Collins
School. The ladies purchased the building when Cupertino Union School was formed
and it has gone through many changes. The building does need improvements but her
concern is that in the future, unless restrictions are put on the building, a new owner could
tear it down and part of Cupertino history would be lost.
Mary Lou Lyon, 879 Lily Avenue, asked again to keep the historical integrity of the
school, which is about all Cupertino has left. It was Jeanne Ryder's wish that historical
buildings be saved. She said there is a philosophical difference, those who really
appreciate history and those who seem not to. She said she can see that the club needs to
fix the inside of the building from time to time but hoped the footprint and the outside
could be kept the same.
Jim Jackson, 10455 Torre Avenue, speaking on behalf of the De Om Club, said he was
also a member of the Historical Society and respects what they are doing. He said
Cupertino needs an historic ordinance and urged council to continue with the process. He
said it was time to go forward with the De Oro Club's application. The historical
-- consultant's study states that this would not degrade the historical concept of the building
nor keep the Club from seeking historical landmark designation. He said the De Oro Club
has not used a tear down approach. He noted that history is not just buildings, it is people
and organizations and clubs. The De Oro Club's minutes provide a chronicle of history.
The club has given loving care to the building for 75 years. This is a unique situation
where a property owner has preserved a historical building and wants to continue
preserving it. This is one of the few historical buildings where people can see and use it.
It is almost like a governmental equivalent of a kick in the teeth to say to this group that
the government will take away from them their power to continue their preservation of
this building because of a rather abstract concept that it might not qualify for the
historical register. The group simply wants to make a more functionally building by
doing the minimum they can to make it function better. He said it will look
approximately the same and they will preserve as much as possible of the present
building.
Betsy Wood, 14694 Sycamore Gr., Saratoga, said she and her husband have both been
involved in the4:ommunity. She joined the De Oro Club in 1958 and she wholeheartedly
supports the renovation. She said they can better serve the needs of the community with
the improvements. She said they are very proud of their building and it is loved dearly.'
She asked council if a membership that that has consistently made wise and infmlued
decisions about the building would suddenly deviate from their stance as faithful
- caretakers and stewards.
Mike Horton, 1033 Willow Street, San Jose, De Oro Club architect, said the drawing
shown at this meeting was not the latest one and pointed out changes that had been made.
They plan is to use as much of the old material as possible but there will some new
May 20, 1996 Cupertino City Council Page 9
materials. Questions had been raised about removing load bearing walls, and a letter
from a structural engineer stated that what was being put back would take the forces up to
building code standards of today.
Virginia Hamilton, 11222 Cataiine Court, said she has lived in Cupertino for 30 years
She said she has seen many buildings destroyed that should have been preserved, and she
was against anything that would change the De Oro Club in any way.
Arleen Walton, 5922 Castano Drive, San Jose, co-chair of the remodel committee,
described the process used by the Club to determine what they needed to do to the
building and to formulate the plan that was submitted to the city. She said she hoped
council has confidence in the De Oro Club, its members and its record of 75 years. She
asked for approval of the use permit.
Doris Hijmans, 23311 Mora Glen Drive, Los Altos; said it is that the club has already met
the requirements of the proposed ordinance. For example, reports have been provided by
a certified historical consultant and a certified arborist. She said she did not think the
request was excessive and it would make the facility more accessible.
Pat Allen said that council should reward the club's stewardship. The plan is fair and
looks good.
-- Charles Newman, speaking for Cupertino Historical Society, said they recognize what
has been done by the De Oro Club. The Club has two historical bases for designation - as
Collins School and as the De Oro Club. The Historical Society is doing its job and has
taken a position against the removal of the rear wail. The club is using the least attractive
of the four state historical preservation guidelines which are 1. No change; 2. Detached
addition; 3. Attach addition that looks dissimilar; or 4. Allow addition which looks like
primary building. He asked that they look at the draf~ historical preservation ordinance
and apply it to this situation. Mr. Newman said it is a judgment call whether or not the
changes are significant from a historical preservation standpoint.
Sharon Blaine said that for 75 years the De Oro Club has preserved this building but what
they are proposing is not preservation. They are changing from what they have done for
75 years. She said if council finds for approval of the proposal she hoped they would
condition the approval so that materials from the rear wall will be used.
Planner II Bjurrnan said that as a result of the last city council meeting there was an
identification problem .with .the .roof on.the._drawing and the.architect was directed to
modify it to show the accurate roof line. She identified other changes to the drawing
which included a relocated wood window and removal of double doors.
Community Development Director Cowan said he would like to add a note to the
-. drawing to the effect that existing materials will be used to the greatest extent possible.
He proposed that council adopt the amended drawing as the exhibit.
Floyd Meyer, when informed there was no basement, suggested that if they need more
space, they dig a basement.
May 20, 1996 Cupertino City Council Page 10
George Monk said he was a very interested resident who wants to preserve history
sensibly. He said the Club has come forward with a well-thought-out plan for a much
needed development. He asked council to give them pem,ission to do the development
and at the same time send a message to those who oppose it that council wants to hear
them, but they have to come forward with something substantive.
Public Information Officer Donna Krey read an electronic message received from Jim
Hunts in regard to Item 9 into the record.
Bautista said it was useful to see the draft ordinance before making this decision and that
it comes down to the issue of trust in the members of the De Om Club. He agreed that
approval should be conditioned on keeping historical features (gingerbread trim,
windows, cimular attic vent and shingles) and re-ming materials as much as possible. He
said this re-enforces the need for an historical ordinance.
Sorensen thanked the De Oro Club for preserving the building. If the application is
approved she would like a condition that they follow the Secretary of Interior guidelines
for rehabilitation of historical buildings and preserve the materials and historical features
previously mentioned. She said she would vote against it in principle.
Chang said the school is a very special place and the decision should not be taken lightly.
After seeing the proposed ordinance he did not think the proposal is in conflict. Without
the De Oro Club this building would not continue to exist. He said he felt the historic
character of the building will be preserved despite the renovation. He said he would vote
for this because the change is happening at the rear of building. It should not set a
precedent. He agreed that the old material should be used. Efforts have been made to
preserve the building and he was in favor of the staff and Planning Commission
recommendation.
Bantista said De Oro Club members should be encouraged to be active in the dmffing of
the proposed preservation ordinance.
Bumett said the De Oro Club has done a great service to the community. Regarding
approaches used, this alternate works for this building better than others and he would
support the proposal. There is an environmental aspect as there will less landfill and
fewer trees will be chopped down. He said he would vote for approval with assurances
for quality and manner of reconstruction as defined by the drawing.
Bautista moved to approve the application as recommended by the Planning Commission
and staff and to add to the application conditions that the applicant re-me materials as
much as possible and maintain any historical and architectural features of the building
including, but not limited to, the gingerbread trim, windows, circular attic vent and
shingles.
Director of Public Works Viskovich referred to page 10-36, condition 3, and said staff
has granted an appeal to delete this condition.
May 20, 1996 Cupertino City Council Page 11
Bautista amended the motion to add the deletion of the condition and approval of the
application as set forth in the diagram. Dean seconded the motion. The motion passed 4-
1 with Sorensen voting no.
RECESS: 9:12-9:22 p.m.
PLANNING APPLICATIONS - None.
UNFINISHED BUSINESS - None.
NEW BUSINESS
Item 12 was considered out of order.
12. Review of recommendations of the Parks and Recreation Commission regarding a teen
task force.
Parks and Recreation Director Dowling reviewed the Parks and Recreation Commission's
recommendations as to scope of work and composition of the task fome.
Sorensen said the Phoenix School was not being represented. Dowling said the
Commission had discussed the alternative programs and in the end were trying to
eliminate the number of members on the committee.
Bautista said he was not sure they need city council members on the task force and
thought it should contain more representative members.
Chang said it is important to have a high profile group of community leaders but there
might be too many people. He said he would like to see more front-line people who work
with teens. He said there needs to be a broad-based assessment reflecting the diversity of
the community.
Dowling said there had been lots of discussion about involving front line staff. This
group would be a steering committee who would commit resources and appropriate them.
City Manager Don Brown said he supported going ahead with a task force but had a
problem with the makeup of the committee. He felt that this committee would spend a lot
of time guessing what the problem is and submit a report which would not produce
workable solutions. He saldhe would like to have a better guarantee of success and did
not think that would happen unless the people who deal with the issues every day are
involved and willing to put time into it.
Dean said he appreciated the efforts and intent of the Parks and Recreation Commission
- but would like them to reconsider it.
Brown agreed with Sorensen that a good cross section of students is needed. One way to
have the task force work is to acknowledge that there is a policy board to verify that there
is a commitment but it meets only to hear from the working group.
May 20, 1996 Cupe ino City Council Page 12
Baufista said it makes sense to have a two-tiered committee, one that makes decisions and
the other that gathers information. Dowling said that is not inconsistent with what the
commission envisioned.
Burnett said this is a good start and the scope of work is great. He suggested that when
the committee looks at services that are available for teens they look at them in terms of
how many teens they serve in relation to how many teens there are so there is some idea
of how many are being reached by the services now available.
By consensus council agreed to send the proposal back to the commission for
development into a two-tier system which would include counselors, schools, churches,
honor groups, sports groups, and other groups who work with children.
11. Review of bids and award of contract for Stelling Road Median Improvements, Project
96-105.
Public Works Director Viskovich presented staff's recommendation.
Dean moved to award the contract to Jensen Corp. for the amount of $114,444 based on
the lowest bid received; to approve a contingency of $5,556 for a total project of
$120,000; and to transfer $20,000 from the Stevens Creek Specific Plan project.
Sorensen seconded the motion. The motion passed 5-0.
ORDINANCES
13. Reading and enactment of Ordinance No. 1727: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code
Relating to the Establishment of Parking Prohibition Along C~ain Strects on the West
Side of South De Anza Boulevard From Prosl~ct Road to the Northerly City Limits and
Declaring the Urgency Thereof."
The Deputy City Clerk read the title of ordinance No., 1727. Sorensen moved and Chang
seconded to read the ordinance by title only and that the Deputy City Clerk's reading
would constitute the reading thereof. The motion carried 5-0.
Sorensen moved and Bautista seconded to enact ordinance No. 1727. The motion carried
5-0.
14. Second reading and enactment of Ordinance No. 1716: "An Ordinance of the City
Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code by
Rezoning and Prezonin§ Approximately 250 Acres of Land From RI-10, R1-40, R1-80,
RI-100, A1-43, Al-100, RHS, Pre-RHS and Pre-A to RHS (Residential Hillside) Zoning
District; Located North and East of Regnart Canyon and Generally Bounded By Upland
Way, Lindy Lane, Linda Vista Park, Stevens Creek to the Urban Service Area Boundary
(Application No. 10-Z-95 - City of Cupertino)."
May 20, 1996 Cupertino City Council Page 13
_ The Deputy City Clerk read the title of ordinance No., 1716. Sorensen moved and
Bautista seconded to read the ordinance by title only and that the Deputy City Clerk's
reading would constitute the second reading thereof. The motion carded 5-0.
Sorensen moved and Bautista seconded to enact ordinance No. 1716. The motion carded
5-0.
15. Second reading and enactment of Ordinance No. 1725: "An Ordinance of the City
Council of the City of Cupertino Amending Chapter 19.40, Residential Hillside 0II-IS)
Zones of the Cupertino Municipal Code and Chapter 19.08, Definitions of the Cupertino
Municipal Code Related to Definition of Basement."
The Deputy City Clerk read the title of ordinance No., 1725. Sorensen moved and
Bautista seconded to read the ordinance by title only and that the Deputy City Clerk's
reading would constitute the second reading thereof. The motion carded 5-0.
Sorensen moved and Bautista seconded to enact ordinance No. 1725. The motion carried
5-0.
STAFF REPORTS - None.
COUNCIL REPORTS
Counc. Dean reported that 150 entries to the graffiti poster contest had been
received. There has been a noticeable decrease in graffiti at Kennedy since the
reward program was announced.
Mayor Burner said the Friends of Calahazas Creek had taken a creek walk and
had found one spot where a flood control method that appealed to them had been
used.
The City Manager reviewed the recommendations of the Legislative Review
Committee as follows: Support SB 1393 (Thompson), state budget, city fines and
forfeitures; and AB 2379 (Margett), state mandated local programs. Oppose SB
109 (Kopp) investment practices of local agencies.
Dean moved and Bautista seconded to approve the recommendations and direct
staffto contact legislators. The motion carried 5-0.
CLOSED SESSION
At 9:50 p.m., the City Attorney announced that council would adjourn to a closed
session to discuss labor negotiations in accordance with Government Code Section
54957.6).
May 20, 1996 Cupertino City Council Page 14
._ At 9:55 p.m., council reconvened in open session and the City Attorney announced
that council deliberated briefly and appointed William Woska as negotiator and
directed him to begin negotiations with Operating Engineers Local No. 3. Council
had given staff direction in closed session and no other action was necessary.
At 9:59 p.m. the Mayor adjourned the meeting to a budget study session, 7:00 p.m., Wednesday,
May 29, Conference Rooms C & D.
Deputy City Clerk