CC 02-20-96 CC-917
MINUTES
Cupertino City Council
Regular Adjourned Meeting
February 20, 1996
PLEDGE OF ALLEGIANCE
Mayor Burnett 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, 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; Community
Development Director Bob Cowan; Public Information Officer Donna Krey; and Public
Works Director Bert Viskovieh.
POSTPONEMENTS
Sorensen said that she had received several phone calls asking to continue item No. 13,
which was a request for rezoning/prezoning 250+ acres in the hillside areas. Sorensen
moved to continue this item to March 4. Bantista seconded and the motion carded 5-0.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
Sorensen moved to approve the items on the Consent Calendar. Chang seconded and the
motion carried 5-0.
1. Resolution No. 9560: Accounts Payable, February 2, 1996.
2. Resolution No. 9561: Accounts Payable, Febrnary 9, 1996.
3. Resolution No. 9562: Payroll, February 9,1996.
4. Approval of the minutes of the regular City Council meeting of February 5, 1996.
5. Resolution No. 9563: Authorizing execution of lease and caretaker agreement
with the Santa Clara Valley Audubon Society for the McClellan Ranch house.
February 20, 1996 Cupertino City Council Page
6. Request for establishment of a revolving fund for repair and demolition related to
nuisance abatement pursuant to the 1994 Uniform Housing Code.
7. Monthly Treasurer's Report and budget update, December, 1995.
8. Resolution No. 9564: Accepting quitclaim deed and authorization for
underground water fights; Rosa Zaidelson; 10140 Santa Clara Avenue; APN 326-
24-016.
9. Resolution No. 9565: Approving contract change order No. 2 for Blackberry Farm
Picnic Grounds Swimming Pool, Project 95-101.
10. Resolution No. 9566: Approving contract change order No. 25 for Cupertino
Nine School Site Improvements, Project 93-9106.
11. Resolution No. 9567: Rescinding Resolution No. 9476 and authorizing
participation in the Association of Bay Area Govermnent's power purchasing
pool.
Vote Members of the Ci~ Council
AYES: Bautista, BurneR, Chang, Dean, and Sorensen.
- NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
12. Public hearing to consider adoption of a resolution approving the County of Santa
Clara Integrated Waste Management Plan Summary Plan and Siting Element
(CoIWMP).
(a) Resolution No. 9568: Approving plan and siting element.
The Public Works Director said that this was a "repackaging" of rates which were
already approved, and there would be no new rate changes. Mayor Bumett opened
the public hearing. No one wished to address this matter and the public hearing
was closed.
Sorensen moved to adopt Resolution No. 9568. Bautista seconded and the motion
carded 5-0.
13. Application No. 10-Z-95 - City of Cupertino - Request for rezoning/prezoning of
250+ acres located in the hillside areas north and east of Regnart Canyon
generally bounded by Upland Way, Lindy Lane, Linda Visa Park, Miramonte
Street, and Stevens Creek to the urban service area boundary line, f~om RI-10
(Residential, single-family, 10,000 sq. ft. minimum lot size) zone; R140 0Non-
Residential, single-family, 40,000 sq. ft. minimum lot size) zone; R1-60
February 20, 1996 Cupertino City Council Page 3
(Residential, single-family, 60,000 sq. ft. minimum lot size) zone; R1-80
(Residential single-family, 80,000 sq. fi. minimum lot size) zone; RI-100
(Residential, single-family 100,000 sq. ft. minimum lot size) zone: A1-43
(Agricultural-Residential, 43,000 sq. ii. minimum lot size) zone; RHS
(Residential hillside) zone; pre-RHS (pre-Residential hillside) zone; and pre-A
(Pre Agricultural) zone to RI-IS (Residential Hillside) zoning district.
Environmental Detemdnation: The Planning Commission recommends the
granting of a negative declaration. Recommended for approval.
(a) First reading of Ordinance No. 1716: "An Ordinance of the City Council
of the City Of Cupertino Amending Section 1 of Ordinance No. 2 By
Rezoning and Prezoning Approximately 250 Acres of Land From RI*10,
R1-40, R1-60, 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)."
Under Postponements, Sorensen moved and Baufista seconded to continue this
item to March 4. The motion carried 5-0.
14. Application No. 11-Z-95 - Peninsula 7 - Request for rezoning a .7 acre parcel to P
(RES 4.4-7.7 dwelling units per gross acre) zone. The property is located on
Peninsula Avenue. Environmental Determination: The Planning Commission
recommends the granting of a negative declaration. Recommended for approval.
(This item was heard in conjunction with Item 15.)
(a) First reading of Ordinance No. 1717: "An Ordinance of the City Council
of the City Of Cupertino Amending Section 1 of Ordinance No. 2 By
Rezoning 0.7 Net Acres From R-2-H to Planned Development P(RES 4.4-
7.7); located on the West Side of Peninsula Avenue and Northerly of
Stevens Creek Boulevard (Application No. 11-Z-95 - Peninsula 7)."
PLANNING APPLICATIONS
15. Application No(s). 14-U-95, 8-TM-95 and 32-EA-95 - Peninsula 7 - Use permit to
construct 7 residential units and one second unit on a .7 acre parcel in a Planned
Development Zone; tentative map to subdivide a .7 acre parcel into seven lots.
The propertyislocated-on Peninsula Avenue. Environmental. Determination: The
Planning Commission recommends the granting of a negative declaration.
Recommended for approval.
Item Nos. 14 and 15 were discussed together.
The Community Development Director reviewed the staff report and said that
people buying the property would be fully aware that the railroad spur behind the
property was in use.
February 20, 1996 Cupertino City Council Page 4
Mr. Dick Childress, President of Debcor Corporation, said that earlier plans for
commercial use had been unsuccessful. This is a good residential site because of
its proximity to DeAnza College and the freeway. He said they had received only
supportive responses to their survey of the neighborhood. He agreed with the
recommended conditions except that regarding street trees. He asked that the
existing trees be retained, and they would fill in with additional trees as required.
Council members discussed the elevations and location of porches and ground
floor windows on the units. They commented on the success of the project given
the unusual configuration of the lot.
Ms. Ann Anger, 10185 Empire Avenue, said she was the President of the Monta
Vista Improvement Association. She sa/d that this property had been an eyesore
for many years, and in the past there had been a problem with people dumping
trash there. The proposed project is a good solution, and the plan was attractive.
She noted there are two other homes in the community which are also built very
close to railroad tracks.
Sorensen moved to grant a negative declaration. Bautista seconded and the
motion carried 5-0.
Sorensen moved to approve Application No. 11-Z-95 per Planning Commission
Resolution No. 4675. Bautista seconded and the motion carried 5-0.
The City Clerk read the title of Ordinance No. 1717. Sorensen moved and
Bautista seconded to read the ordipance by title only, and that the City Clerk's
reading would constitute the first reading thereof. Motion carried 5-0.
Sorensen moved to approve Application No. 14-U-95 per Planning Commission
Resolution No. 4673. Bautista seconded and the motion carried 5-0.
Sorensen moved to approve Application No. 8-TM-95 per Planning Commission
Resolution No. 4674. Bautista seconded and the motion carried 5-0.
UNFINISHED BUSINESS
16. Request for interpretation of access requirements for Citation Homes.
The Community Development Director said this item had been returned to council
for clarification. Staff suggested that access be made available to the two
adjoining communities, but that there be no public easements.
Mr. Frank Nicoletti, attorney for Citation Homes, said that they supported the
staff recommendation.
Febr,mry 20, 1996 Cupertino City Council Page
Mr. Mort Schorr referred to some concems regarding a letter from Mr. Sullivan,
which said that council could also require access through the Northpoint
development. Mr. Schorr also commented that the amount of homeowners
association dues was a private matter and should not be discussed at a public
hearing. He agreed with the staff recommendation for the gate.
Mr. Bill Lapson, representing Portofmo Homeowners Association, felt that the
proposed access would cause more harm than good. The original plan for the 18-
acre parcel had changed drastically and eliminated the need for shared access.
There would be no convenience created by allowing the access, but it would
directly affect Portofmo streets. The increase in pedestrians, bicycles, and
skateboards could create a safety hazard especially since the streets are narrower
than normal. Despite no trespassing signs and locks on the gate, they already
have problems with people climbing into the pool area.
The City Attorney said that if council did not want a public easement, then staff's
recommendation is legal and appropriate.
Baufista agreed with the staff recommendation. There are some negative .aspects
but they are outweighed by the access provided to DeAnza Boulevard.
Chang said he favored staff's recommendation and felt it would facilitate a sense
- of community.
Baufista added that council had no intention of changing the existing situation at
Northpoint.
Dean felt that the streets were narrow and not the best place for public traffic, and
they didn't need a public easement.
Sorensen said she would vote against the gate because it was not necessary.
Burner said that the standard in most of the community is to have an open feel.
In this ease people will be able to mix if they like.
Baufista moved to clarify the record by stating that a gate shall be installed
between the future apmhttent development and the Corsica development to
facilitate socialization between the apartment residents and the Corsica residents.
Chang seconded.and the motion carried 3-2 with Dean and Sorensen voting no.
NEW BUSINESS
17. Resolution No. 9569: Appwving the acquisition of PG&E-owned street lights and
authorizing the execution of agreement.
The Public Works Director said it would improve the level of service and there
would be a net savings of $47,000 over the 30-year life of the street lights.
Feb~,,~y 20, 1996 Cupertino City Council Page 6
Chang moved to adopt Resolution No. 9569 and to appropriate $259,350.00 from
the general fund for this acquisition. Sorensen seconded and the motion carried
5-0.
18. Ordinance No. 1718: "An Ordinance of the City of Cupertino Amending Chapter
11.24.160 of the Cupertino Municipal Code Relating to the Establishment of
Stopping, Standing, and Parking During Certalr~ Hours, Valley Green Drive."
The City Clerk read the title of the ordilmnce. Sorensen moved and Dean
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.
STAFF REPORTS
19. Community Issues Forum.
The City Manager gave an update on this project. He explained that the Public
Dialogue Consortium is headq:mrtered at DeAnza College. They plan to facilitate
a number of focus groups of randomly selected residents, then conduct one-on-
one interviews with community leaders. The purpose is to identify the key issues
in the community to be discussed in a series of public forums in a positive, non-
threatening manner. The group is seeking grant funding, but not from the City.
COUNCIL REPORTS
Dean said that Emergency Preparedness Committee was working to get a list of assets
available at the county and other cities. There may be a way to share some things that
would benefit all financially.
Chang said that the next 4th of July committee meeting was in March. They still needed
donations from businesses and residents. Also, the Cherry Blossom Festival is scheduled
for April 13 and 14. Last year was one of their most successful. This year they are also
in need of donations because they did not receive as much grant money as last year.
Baufista reminded everyone that the Economic Development Focus meeting would be
held Thursday at the Sports Center.
Council concurred to support the recommendations of the Legislative Review
Committee, as. follows: .. Support .the SB 1590 .(O~Connell), the 'Proposition 62
implementation bill; Oppose AB 771 (Aguiar) Subdivisions: Tentative Maps -
Extensions; and Support AB 616 (Morrow) Buildings: Occupancy Levels.
Bumett commented on the activities he had attended over the last few weeks,
- including a service at an Armenian church, a Vietnamese flag-raising ceremony,
and a meeting with an Iranian organization. He said it is fascinating how
February 20, 1996 Cupertino City Council Page 7
incredibly diverse and interesting the community is. Burner also noted that there
would be another meeting of the Highway 85 committee in Saratoga. The
technical committee feels there may be an opportunity to make some substantial
improvements for a small amount of money because the problems are occurring
on very small portions of the freeway.
CLOSED SESSION
At 7:55 p.m. Council recessed to a closed session to discuss pending litigation pursuant to
Government Code Section 54956.9(a) - City of Cupertino v. Dean Witter Reynolds, et al.,
Santa Clara County Superior Court Case No. CV746356.
At 8:27 p.m. Council reconvened. The City Attorney announced that direction was given
to the negotiators along the lines discussed in closed session. No action was taken.
ADJOURN
At 8:28 p.m. the meeting was adjourned to Febv,ary 22, 1996, 8:00 a.m., at the Cupertino
Sports Center, to hold an Economic Development Focus meeting.
City Clerk