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CC 07-07-97 CC-948 MINUTES Cupertino City Council Regular Meeting July 7, 1997 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Bautista called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Bautista, Vice-Mayor Michael Chang, Councilmembers Don Burnett, Wally Dean, and Lauralee Sorensen. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Community Development Director Bob Cowan; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS None. POSTPONEMENTS Staff requested that Item Nos. 27 and 28 be tabled. The City Clerk noted that these items had been advertised for public hearing. No-one wished to be heard. Sorensen moved that these items be tabled. Chang seconded and the motion carried 5-0. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS Ms. Not~,,a Gould Reiss, 1584 Clay Drive, Los Altos, discussed her objections to the potential use of Moffett Field for commercial aviation. She cited increases in noise and air pollution, as well as an increase in the potential for accidents and greater physical and emotional stress on residents. She distributed copies of a letter to City Council regarding the Russian cargo planes, as well as a letter asking Council to stop general aviation and cargo flights from Moffett field. Ms. Reiss felt that the Citizens Advisory Commission (CAC) was biased in terms of gender, aviation background, and business interests. Ju/y 7, 1997 Cupertlno City Council Page Dr. Joseph Curry, 914 O'Dell Way, Los Altos, asked the City Council to join with the citizens of Mountain View to oppose air cargo operations at Moffett field. Although the CAC provided alternatives that were to the social and educational benefit of the community and they did not recommend general aviation, they did support air freight. There are several problems with this, and with their suggestion to limit the hours of operation. Residents are afraid that if commercialization of the field is allowed, it will serve as a wedge for future commercial expansion. Also, the field for air freight will be used mostly in the evening hours, which will cause the maximum amount of problems for surrounding residents. Dr. Curry asked if Council was willing to accept the negative impacts associated with these proposed activities, and he asked council to support the voters of Mountain View and Sunnyvale in opposing such uses. Mr. Gary Wesley, 707 Continental Circle, Mountain View, referred to a letter he had sent some months earlier to cities which he believed would be in the flight path. Mr. Wesley asked that Council work with the federal representatives to insure a positive use for Moffett Field and not one detrimental to the area. He urged Cupertino council to contact the new members on the Mountain View City Council. The government may dispose of that property at any time and very quickly, so it is important to have plans for Moffett Field. Mrs. Myra Orta, 1225 Via Huerta, Los Altos, distributed copies of a fOllll letter for residents to use to oppose air cargo and general aviation at Moffett Field. She also distributed copies of a letter to Representative Anna Eshoo regarding concerns about the makeup of the committee, the '- committee process, and their conclusions. She said they are afraid that Cupertino does not know enough about the situation to really take action. She cautioned that ail the cities in this community will be impacted by planes in a holding pattern. Also, she was concerned that if Moffett Field is opened for civil aviation it will increase the potential for accidents. When Moffett Field was relinquished by the military NASA needed to make up the financial deficit so the CAC was formed to assist with that pwblem. She said the committee is composed of people from the Chamber of Commerce, who like business, and pilots, who love to fly. All of these want aviation from Moffett Field, but the residents do not. The CAC only voted on two things, genera] aviation and air cargo. Mountain View's measure J voted both down by 68.5%. Sunnyvale wasn't given the option of voting, and a comment was made that "the people don't understand the issue." The CAC voted 15-5 against general aviation and 11-8 in favor of air cargo. Mrs. Orta asked that the Council not rubberstamp the final report when they get it in the next few days. Mr. Carl Orta, 225 Via Huerta, Los Altos, said this is a regional problem. He said he is now a retired aerospace engineer and was educated as an aeronauticai engineer. He commented on the conditional acceptable requirements that the report says would make air cargo acceptable, including the provisions for no flight over residential areas and bay approaches only over the water. Mr. Orta said the latter is not possible since airplanes take off and land into the wind and the prevailing winds here are from the north. This will end up being a federal air field, even if it is a mixed use, and local agencies will not have any control. He asked Council to reject the idea .- of these acceptability conditions as unenforceable or impractical from an eng'meering standpoint. He also asked Council to write a letter declaring their opposition to air cargo and general aviation at Moffett Field. Suly 7, 1997 Cupertino City Council Page 3 Ms. Barbara Loebner, 16a.a. Newcastle Drive, Los Altos, supported the comments of the previous speakers. Federal representatives have been minimally involved and NASA is looking to the community to solve its problems. What's missing is an agency, or the federal government, being responsible to the entire region instead of leaving it to the control of either San Jose, Sunnyvale or Mountain View, who will all stand to benefit in some way. There will be drastic, negative effects on thousands of households. She said they would appreciate any involvement that the Cupertino City Council can offer in this matter. Mayor John Bautista thanked them for coming to speak about this item, and said that staff would be in touch with them via Mrs. Ortm Ms. Sharon Kohlmannslehuer, representing the Portofino Homeowners Association, said the Board of Directors is very concerned about the unfinished, incomplete and missing public improvements on Tract 2385. The last house was finished by the developer several months ago and there are numerous conditions still missing. One of the most serious problems is that they did not separate the common area utilities owned by the different associations. She reviewed a series of overheads illustrating the problems, which included the following: Irrigation and lighting connections to the wrong meters, dsmaged lighting, unpainted fences, cracked pool decking, dying plants because of no irrigation, unmarked storm drains, and unmarked fire lanes. Public Works Director Bert Viskovich said they are in the process now of going through a final punch list for bond releases. The Homeowners Associations of Portofino, Corsica, and Citation have been invited to review that to make sure that all issues are addressed before any bends are released. There's a settlement on the table now that may mitigate a lot of the concerns expressed. The Public Info. mation Officer reviewed an electronic communication about Moffett Field from Mr. Jim Hunt. He said that for many years the Field has provided numerous jobs for civilian.~ and military. This purchasing power resulted in healthy sales tax revenues for the nearby cities. The speculated uses of the Field seem to be of a much milder nature than the hordes of Navy fighters that used to swarm over the area. Also, the location is much better than most airports since the final approach is over light industry and a golf course and take-off is over the bay, which is a real plus for safety. CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar as presented, with the exception of item No. 11 which was pulled for further discussion after the closed session at the end of the agenda. Burnett seconded and the motion carried 5-0. 1. Resolution No. 9876: Accounts Payable, June 13, 1997. 2. Resolution No. 9885: Accounts Payable, June 20, 1997. 3. Resolution No. 9886: Accounts Payable, June 27, 1997. 4. Resolution No. 9887: Payroll, June 13, 1997. luly ~, ! ~ ~uperdno City Council l~age 4 5. Resolution No. 9888: Payroll, June 27, 1997. 6. Request from Cupertino Historical Society for waiver of facility use fees for art exhibit to be held at Quinlan Community Center on July 27, 1997. 7. Monthly Treasurer's and Budget Report - May 1997. 8. Resolution No. 9889: Approving the form and authorizing the execution of certain documents in connection with the refinancing of certain health facilities, Sunny View Lutheran Home. 9. Approval of the minutes of the special meeting of June 16, 1997. 10. Resolution No. 9890: Authorizing execution of Ninth Amendment to Agreement with Santa Clara County to Provide Local Law Enforcement Agency Access to the California Identification (Cai-ID) System. 12. Request from Irvine Apartment Communities and Ventana Apartment Services for interpretation of Section 2.2.10 of the Housing Mitigation Manu_al. 13. Resolution No. 9892: Authorizing execution of the Agency Agreement for Countywide · - Household I-laT~rdous Waste Collection Program, 14. Resolution No. 9893: Accepting quitclaim deed from Joseph Patrick Kramer and James Kramer, 22701 Stevens Creek Boulevard, APN 342-12-025. 15. Resolution No. 9894: Accepting quitclaim deed from Brett C. Beedle and Lori L. Beedle, 21904 Almaden Avenue, APN 357-15-027. 16. Resolution No. 9895: Accepting grant of easement, roadway, Brett C. Beedle and Lori L. Beedle, 21904 Almaden Avenue, APN 357-15-027. 17. Resolution No. 9896: Adopting a Memorandum of Understanding with Operating Engineers Local No. 3. 18. Resolution No. 9897: Adopting a Memorandum of Understanding with City Employees' Association. 19. Resolution No. 9898: Adopting the California Public Employees' Deferred Compensation Program. 20. Resolution No. 9899: Establishing a housing assistance program for department heads. 21. Resolution No. 9900: Providing for a pre-tax payroll deduction plan for service credit purchsses. ]u/y 7,/007 Cuper6no City Council Page ~ 22. Resolution No. 9901: Approving the Unrepresented Employees' Compensation Plan. 23. Resolution No. 9902: Approving Terms and Conditions of Employment. 24. Review of bids and award of contract for printing of Cupertino Scene. 25. Resolution No. 9903: Setting date for consideration of annexing area designated "Byme Avenue 97-08", property located on the west side of Byrne Avenue between Dolores Avenue and Alcazar Avenue; approximately 0.234 acre, Carter (APN 357-12-032). 25. Review of application for Alcoholic Beverage Control license, Cupertino Inn, 10089 North De Anza Boulevard. Vote Councilmembers Ayes: Bautista, Buruett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR No. 11 was discussed and acted upon after the closed session at the end of the agenda. PUBLIC HEARINGS Under Postponements these items were tabled indefinitely. 27. Resolution No. 9877: Ordering vacation of a portion of Ricardo Road located at 22530 Ricardo Road, retaining public utility easement as provided in Section 8320 et seq. of the Streets and Highways Code of the State of California (Continued from the June 16, 1997, meeting). 28. Resolution No. 9878: Ordering vacation of a portion of Miramonte Road located at 10980 Miramonte Road, retaining public utility easement as provided in Section 8320 et seq. of the Streets and Highways Code of the State of California (Continued from the June 16, 1997, meeting). PLANNING APPLICATIONS None. UNFINISHED BUSINESS None. My 7, I ~)~7 Cupert/no (~Ity (~ouncll Page NEW BUSINESS 29. Review of pending council workload, scheduling, and consideration of cancellation of August 18 council meeting. Community Development Director Bob Cowan said the purpose of this item is to review upcoming projects and determine whether Council wants to hear items in the latter part of August, primarily the Diocese project, or if that should be continued to September. Also there was an issue regarding the practice of looking at General Plan Amendments and current projects in parallel instead of in serial fashion. Some of the Planning Commissioners have a concern with this practice. Burnett said that three of the most important issues Council has dealt with in the last four years are all coming to a head in a short period of time, and felt the Commission cannot give adequate attention to these, the Tandem item particularly, until they've looked at the underlying General Plan provisions. Tandem has asked for a lot of growth, more than half of which will require General Plan changes or very strong changes in Council policy. He felt the General Plan issues should be studied first. Dean said he agreed with Burner in the sense that the Council should not rush into anything for a schedule, but felt the items could be concurrent. Sorensen said she was concerned about the workload pushed onto the Planning Commission. Bautista suggested canceling the first meeting in August before these items in question were scheduled to be heard. Mr. John Hm.'ley, representing Tandem Computers, said the core issue was whether or not Council should cause one of the meetings to be delayed, and whether the items have to be sequential or concurrent. Tandem has a project that has been before staff for some time and they are interested in moving it along. A concurrent process does not necessarily assume that an issue being considered from a General Plan perspective has to be decided before the General Plan issues. However, if the two are heard concurrently, if the General Plan issue is put to bed then an action can be taken on the applicant's issue that relates to that. He felt that can be done without rushing the calendar of either the Council or Commission. Bautista said he felt a concurrent approach makes sense because the reason for the General Plan amendment is the application which triggered it, so they can be heard together in the same public hearing with the same info~i~iation. Cowan suggested that they continue the practice of concurrent review but be sensitive to the particular schedule and the unique bunching up of applications. Bumett said that would not really solve the problem. He did not see an urgent need for this 20 year development agreement or the large amount of building in the short term. Bautista moved that they continue to practice concurrent review of General Plan amendments, but that the Planning Commission have more discretion in terms of scheduling at a rate which is comfortable for the Commission. Sorensen seconded. Bautista amended the motion to say that the August 4 meeting will be canceled unless they find at their next meeting that it will be necessary to meet on the 4th. Sorensen seconded the amendment and the motion carded 4-1, with Burner voting no. July 7, 1997 Cupe~no City Council Page 7 30. Ordinance No. 1759: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code, Relating to the Designation of Bicycle Lanes, Adding Bicycle Lane on the North Side of Stevens Creek Boulevard From Stelling Road to De Anza Boulevard." The City Clerk read the title of the ordinance. Sorensen moved and Bumett 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. 31. Ordinance No. 1760: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.26.110 of the Cupertino Municipal Code to Include Item "I" Relating to the Establishment of Stopping, Standing, and Parking on Private Streets, and Providing for Signs Notifying the Public Thereof, and Further Providing for Penalties for Violation Thereof P~-nnt to the California Vehicle Code, for Tract Nos. 8325, 8686, 8687, and 8831, Portofino." Public Works Director Bert Viskovich said a request had been received from the Corsica and Portofmo residents to adopt a section of the California vehicle code which would allow full enforcement of all traffic violations within the condominium area. The only place in the city where that exists is the perimeter road around Vallco. Staff recommended against this request since the condominium is self-contained and the city -- does not have sufficient staff to enforce this code section. Instead, staff recommends the adoption of a similar code related to parking. This would allow the Sheriffs officers to cite violators in no parking zones such as the fire lanes. Ms. Sharon Kohlmannslehner pointed out some corrections to the draft ordinance. These included changing the reference regarding tract 825 to tract 8325 and removing the redundant reference to Via Volante. The City Clerk read the title of the ordinance. Sorensen moved and Burnett seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carded 5-0. ORDINANCES None. STAFF REPORTS None. COUNCIL REPORTS Sorensen asked the City Manager to commend Parka and Recreation Director Steve Dowling and his staff on the excellent Fourth of July celebration. July 7, 1997 Cupertino City Council Page 8 f CLOSED SESSION At 7:45 p.m. Council recessed to a closed session to discuss two closed session items, one of which was added after the agenda was finalized. The first item was a request from San Jose Water Company dated July 7, 1997, offering to pay for the cancellation of the city's option with respect to its waterworks system. That item's discussion was be pursnar~t to Government Code Section 54957 generally, et. Sec. There was also an item related to Labor negotiations pursuant to Government Code Section 54957.6, regarding compensation negotiations. At 8:13 p.m. Council reconvened in open session. The City Attorney announced that there were two closed session items. The first was a San Jose Waterworks offer to purchase the option owned by the City of Cupertino with respect to certain waterworks for the sum of $125,000. The Council elected to accept that offer and to direct the Public Works Director to communicate the acceptance forthwith to the San Jose Water. The second item involved Resolution No. 989l involving an amendment to the agreement between the City of Cupertino and Donald Brown regarding housing assistance. The resolution was amended in closed session to add the following words to paragraph 9: This provision will only become effective in the event Brown remains as City Manager at least to the date of January 1 of the year 2000, otherwise the agreement will remain at six months. 11. Resolution No. 9891: Authorizing execution of Second Amendment to agreement between the City of Cupertino and Donald Brown regarding housing assistance. Sorensen moved to approve Resolution No. 9891 with the amendment as described by the City Attorney. Burnett seconded and the motion carried 4-0 with Bautista absent. ADJOURNMENT At 8:15 p.m. the meeting was adjourned. ~~mith City Clerk