CC 06-02-97 CC-946
MINUTES
Cupertino City Council
P gu r MUg
June 2, 1997
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Baufista 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.
Smffpresent: City Manager Don Brown; City Clerk K/mberly Smith; City Attorney Charles
Kilian; Adm/nistrativ¢ Services Director Carol Atwood; Community Development D/rector Bob
Cowan; Parks and Recreation Director Steve Dowling; and Public Info~t~afion Officer Donna
Krey.
CEREMONIAL MATTERS - PRESENTATIONS
None.
POSTPONEMENTS
None.
WRITTEN COMMUNICATIONS
None.
ORAL COMMUNICATIONS
Mr. Bob Presley, a resident of Upland Way, asked that Council consider amending the
· requirements for street lights. He suggested allowing light poles with reflectors that come down
farther over the bulb. This would be especially helpful in hillside areas, so light scatter would be
reduced while still focusing light on the sidewalks and streets where it was most needed. Mayor
Bautista thanked him for the suggestion and said that they would get back to him about the idea.
Sune 2, 1997 Cu~rtino City Council Page 2
- CONSENT CALENDAR
Sorensen moved to adopt the items on the Consent CalendAr as presented. Dean seconded and
the motion carried 5-0.
1. Resolution No. 9855: Accounts Payable, May 16, 1997.
2. Resolution No. 9856: Accounts Payable, May 23, 1997.
3. Resolution No. 9857: Payroll, May 16, 1997.
4. Approval of the minutes of the special meeting of May 19, 1997, and the regular
adjourned meeting of May 28, 1997.
5. Monthly Treasurer's and Budget Report, April, 1997.
6. Resolution No. 9858: Authorizing execution of amendment to use and maintenance
agreement for Four Seasons Park (City Center Associates).
7. Resolution No. 9859: Approving change order No. 1 for Creekside Park Improvements,
Project 96-9208.
Vote Councihnembers
Ayes: Bautista, Bumett, Chang, Dean, and Sorensen
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
PUBLIC HEARINGS
8. Public hearing to consider an ordinance to protect structures from demolition on 31
potentially historic sites.
(a) Reading and enactment of Ordinance No. 1758: "An Ordinance of the City
Council of the City of Cupertino Adopting Interim Measures to Protect Structures
From Demolition on 31 Potentially Historic Sites and Declaring the Urgency
Thereof."
Community Development Director Bob Cowan reviewed the staff report. He explained
that the Historical Research ad hoc committee had been formed and they would present
their report by September. The ordinance tonight will regulate the 31 homes and
June 2, 1997 Cupertino City Council Page 3
'-' properties listed in the appendix to prohibit their demolition. However, between now and
when the f'mal historical property ordinallce is finally adopted, there is a procedure
owners can follow if they need to delete their property from such regulation. At this time
staff is not aware of any potential demolitions.
Dean said he felt very confident about the abilities of the people they appointed to the ad
hoc Historical Research Committee, they am very capable.
Council was given a copy of a letter dated June 2 from Mrs. Carolyn Lewizky objecting
to her property being included on a list of historical properties. She indicated this
information had been provided to her by a letter from Mr. Monk.
Mayor Bautista opened the public hearing.
Father Michael Mitchell, representing the Roman Catholic Bishop of San Jose, said they
were the owner of two of the parcels on the list of historical properties (St. Joseph's
Church and the Hammond House). He said that Council was about to make'a finding that
was not tree, because there is no threat to public health and safety, and a benefit to public
welfare is not sufficient to adopt an urgency ordinance. Also, the list of "other historic
resources" was created by a non-profit group which did not have a public warrant to make
this list, and yet the ordinance can delay property owners from making any changes for
- 22 months. He said there was no city property on the list, and he felt that every city
property should be held to the same standards as the property held by private citizens.
Bautista said he expected that the demolition of any city property would require a public
hearing before the Planning Commission.
Father Mitchell said that none of their buildings meet any of the tests of the ordinance.
He said that if they had known that such a restrictive ordinance would have been passed,
they would have strongly resisted the inclusion of St. Joseph's Church on the list which
was included in the General Plan.
Cowan clarified that the gazebo in Memorial Park and the Blacksmith Shop at McClellan
Ranch Park were owned by the City.
City Attorney Chuck Kilian said that Government Code 65858 is an interim zoning
ordinance which allows for immediate restrictions on property. That ordinance would
only be good for 45 days unless there is a full public hearing before that, then the
ordinance can be extended for up to two years. It does include the general welfare of the
community as an aspect of adopting such an ordinance.
Cowan said that both lists of historic properties were compiled by the Cupertino
Historical Society. However, the numbered items appeared in the General Pla% and
items A through P, other historical resources, were prepared at the request of staff in
anticipation of historic preservation ordinance.
June ~l, 1§§'] Cupertino City Council Page 4
Burnett said he had problems with both the ordinance and the list. Some of the listed
items stand out as obviously important properties, but he didn't think any were under
threat, and he was greatly concerned about Mrs. Lewizky's letter say'ml~ that she had not
been notified that her house was being considered. There was not a compelling need at
this time.
Chang said he was in favor of the ordinance since it was only an interim measure to
protect the houses from possible demolition while the study is completed. Also, none of
the property owners have mentioned plans to modify or demolish their houses that would
conflict with this interim ordinance. Sorensen agreed, and said the Historical Research
Committee was first class and would do a good job, and their report is expected in just a
few months.
Dean said he was in favor, since this interim ordinance sets forth a procedure for Council
to react to any attempts to demolish homes only if that situation arises. Council will still
consider opinions and property rights of the owners. Bautista agreed and added that it is
Council's intent this ordinance is solely an interim measure and this list is not to be a
predetermination as to whether these properties should ultimately be on any historical list,
if in fact there is a historical ordinance adopted.
Dean moved to approve the application per Planning Commission Resolution No. 4839,
- with Appendix B amended as follows: No. 7 will include all structures on McClellan
Ranch Park, and No. 11 will include both the gazebo and gingerbread trim at Memorial
Park. Sorensen seconded and the motion carried 4-1 with Bumett voting no.
The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to
read Ordinance No. 1758 by title only, and that the City Clerk's reading would constitute
the only reading thereof. Motion carried 5-0. Sorensen moved to enact Ordinance No.
1758. Dean seconded and the motion carried 4-1 with Burnett voting no.
Cowan said that he would contact Mrs. Lewizky about her letter and explain that her
property is not included on the list of potential historical sites.
9. Public hearing to consider the 1997-98 preliminary budget.
· Administrative Services Director Carol Atwood highlighted the proposed budget and
discussed general fund revenues and expenditures. General fund revenues this year are
$23,973,000 compared to $20,451,000 last year. General fund expenditures this year are
$22,063,000 compared to $21,985,000 last year. That reflects an increase in salary costs
for new positions in maintenance. She also reviewed the fund balance trends for a five-
year period and said the positive changes were due to park dedication fees, a I,rnp sum
from TCI Cablevision for their franchise fees, and an increase in construction permits.
_ Atwood discussed the new program items proposed for fiscal year 97/98 which Council
had approved. All of these costs would come from General Fund Operations except for
the Public Dialogue Consortium, which will receive funding from a new federal block
grant:
·. June 2, 1997 Cuper6no City Council Page 5
$110,000 One additional School Resource Officer for 9 months.
$ 60,000 Contingency funding for campaign reform enforcement (election years)
$ 50,000 Feasibility study of a uew/expanded library
$ 30,000 Continuation of the Public Dialogue Consortium community outreach
$ 20,000 Funding of the entire annual Fourth of July fireworks celebration
$ 15,000 Semi-annual community survey of 400 citizens regarding city services
Atwood noted that Council had directed staff to proceed with the Rainbow median
(DeAnza to Stelling). The construction costs had been updated and were determined to
be $60,000 instead of $40,000 as earlier reported. Council unanimously agreed that the
project should proceed.
Mayor Bautista opened the public hearing. No one wished to speak on this item, and the
public hearing was closed. This item was continued to June 16 for a second public
hearing.
10. Public hearing regarding user fees.
(a) Resolution No. 9860: Rescinding Resolution No. 9626 and establishing user fees.
Administrative Services Director Carol Atwood reviewed the proposed changes to user
fees. She also handed out a revised "Schedule C" listing planning fees. She explained
that most of the changes to the user fees reflect the cost of staff time.
Sorensen asked what arrangements are made for families who cannot afford to pay for
their children's participation in recreation opportunities. Parks and Recreation Director
Steve Dowling explained that there is a scholarship program offered by Cupertino
Community Services. They help to pay for the cost of the recreation programs, and city
staff is not aware which children have received assistance. During this current year
$3,500 in scholarships had been awarded.
Mayor Bautista opened the public hearing. No one wished to address this item, and the
public hearing was closed. Burner moved to adopt Resolution No. 9860. Sorensen
seconded and the motion carried 5-0.
11. Resolution No. 9861: Ordering abatement of public nuisance (brush) purs-ant to
provisions of Ordinance No. 724 and Resolution No. 9842.
The City Clerk explained that this is a new brush abatement program which will be done
in addition to the on-going weed abatement program. The purpose of tonight's meeting
was to hear any protests by property owners whose property was scheduled for brush
removal. Sorensen asked whether property owners had been specifically notified of the
date and time of the public hearing. Mr. Dan Dunlop, representing the Santa Clara
... June 2, 1997 Cupert~o City Coundl Page 6
- County Fire Department, said that property owners had been notified in person or by door
hanger of the need for abatement, but that he was not certain if specific mailed notice had
been sent. Sorensen moved and Dean seconded to continue this item to June 16 to verify
that appropriate notice had been sent. The motion carried 5-0.
PLANNING APPLICATIONS
12. Application No. 4-U-97 - Peter Ko/Cupertino Village Associates - Use Permit to
construct a ncw one-story, 6,000 sq. fl. commercial retail building. The project is located
at the southwest comer of Wolfe Road and Homestead Road. Environmental
Detemdnation: Thc Planning Commission recommends the granting of a .. negative
declaration. Recommendcd for approval.
Community Development Director Bob Cowan reviewed the staff report and highlighted
the modifications that had been made in terms of window treatment and orientation of the
buildings. He said that the Planning Commission recommends approval contingent upon
conditions related to a more interesting building favade, changes to the trash enclosure,
and providing five Crape Myrtle trees at the corner.
Chang asked about the aesthetics of the sign on the corner. Mr. Peter Ko, architect,
explained that they will replace the portion that says "Vallco Park" with the words
"Welcome to Cupertino" and the sign will be pain~l to match the shopping center
behind it.
Sorensen moved to grant a negative declaration. Dean seconded and the motion carried
Bumett moved to approve the application per Planning Commission Resolution No.
4840. Sorensen seconded and the motion carried 5-1. Staff was directed to review the
sign for aesthetics, and require that the sign be lighted at night.
UNFINISHED BUSINESS
None.
NEW BUSINESS
None.
ORDINANCES
None.
STAFF REPORTS
None.
· ... June 2, 1997 Cupertino City Council Page 7
COUNCIL REPORTS
City Manager Don Brown highlighted the recommendations of the Legislative Review
Committee, as follows:
Supported: AB 1296 (Morrow), skateboarding, hazardous recreational activity,
liability;
SB 880 (Craven), property tax shiR, ERAF
AB 334 (Wildman) and AB 339 (Takasugi), technical correction
AB 1191 (Prop. 172)
AB 1506 (Ortiz), taxes, assessments, fees and charges (implementation of
Prop. 218)
AB 915 (Baugh), wllerblading, hazardous recreational activity.
Opposed: AB 940 (Miller), retention, local retention limitation;
SB 874 (Calderon), public works, contracts
AB 1070 (Campbell), design professionals, indemnification.
ADJOURNMENT
At 8:00 p.m. the meeting was adjourned.
City Clerk