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CC 03-17-97 CC-941 MINUTES Cupertino City Council Regular Meeting March 17, 1997 PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Bautista called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor John Bautista, Vice-Mayor Lauralee Sorensen, Councilmembers Don BurneR, Michael Chang, and Wally Dean. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; Public Works Director Bert Viskovich; and Planner II Vera Gil. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bautista presented a proclamation to Jo Ann Parrott from Project Sentinel recognizing Mediation Week. The City Manager said that the overview of City's World Wide Web page would be continued to the following meeting because of staff illness. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar as presented. Burnet~ seconded and the motion carried 5-0. March 17, 1997 Cupertino City Council Page 2 1. Resolution No. 9801: Accounts Payable, Febomry 28, 1997. 2. Resolution No. 9802: Accounts Payable, March 7, 1997. 3. Resolution No. 9803: Payroll, March 7, 1997. 4. Resolution No. 9804: Annexing "Miller Avenue 96-10." 5. Resolution No. 9805: Annexing "Almaden Avenue 96-15." 6. Approval of minutes of Febwa~ 28, Match 1, and March 3 regular adjourned meetings. 7. Request from Homestead High School Athletic Booster Club for waiver of use fee at the Quinlan Community Center for fund-raiser. 8. Resolution 9806: Approving pan:el map and improvement plans, authorizing execution of agreement with Brian Kelly Development, Chavoya Drive and Randy Lane. 9. Acceptance of city projects performed under contract: Stelling Road Median Improvement, Project 96-105 (Jensen Corporation). 10. Resolution 9807: Accepting quitclaim deed for underground water rights from Shyh Hung Yinn; 10160 Camino Vista Drive, APN 342-14-059. 11. Recommendation from Telecommunication Commission for public access grant to The Better Part senior citizens producer group. 12. Resolution No. 9809: Authorizing execution of release and Agreement Not To Debar, Settlement of State of California (City of Cupertino et al.) v. Rosendin Electric Inc~ et al, San Francisco Superior Court No. 880011. (Backup was amended to reflect that the money shall go to the Transportation Authority, not the Traffic Authority.' Vote Councilmembers Ayes: Bautista, Burnett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARINGS ' ' March 17, 1997 Cuperan0 City Council Page 3 13. Public hearing to review and approve use of twenty-third year (1997-98) Community Development Block Grant (CDBG) funds. (a) Resolution No. 9808: Authorizing submittal of funding proposal for the twenty- third program year (1997-98) of the Community Development Block Grant (CDBO). Vera Oil reviewed the staff report and recommended approval of the following funding requests totaling $171,946.00: $15,000 to the Rotating Shelter Program, Cupertino Community Services $13,185 to the Affordable Housing Placement Program, Cupertino Community Services $2,500 to Cupertino Community Services for trcc removal and replacement of diseased trees. $5,000 for Senior Adult Legal Assistance $8,000 for staff support for Public Service Grant Implementation (CDBG) $1,000 for equipment acquisition $25,000 for staff support to the Housing Rehabilitation Program $15,000 for the Urban County Rehabilitation Program Ms. Georgia Bacil, Directing Attorney for Senior Adults Legal Services, said they had been providing free legal services at the Cupertino Senior Center since 1979. This year they are asking for funding for the first time, so that they can expand their services and reduce the waiting time. Ms. Mary Ellen Cheil Executive Director of Cupertino Community Services, described the services they provide in terms of emergency shelter, transitional housing, and affordable housing placement. Dean moved to award the funding as recommended and to transfer $25,000 from the Rehabilitation Program income account to cover city staff costs, and that the General Fund will provide funding for part of the equipment purchase. Chang seconded and the motion carded 5-0. PLANNING APPLICATIONS 14. Application No(s). 10-TM-96 and 38-EA-96 - Lands of Tressler - Tentative map to subdivide a 2.49 acre parcel into eight (8) lots. The project is located at 22110 McClellan Road. Environmental Determination: The Planning Commission recommends thc granting of a negative declaration. Recommended for approval. (Continued from the meeting of March 3, 1997.) The Community Development Director reviewed the staff report. ' ' March 17, 1997 Cupertino City Council Page Mr. Ron Socorra, representing the applicant and owner, explained how they had modified the plans to show only 8 lots, as requested by Council Sorensen moved to grant a negative declaration. Chang seconded and the motion carried 5-0. Burner moved to approve the application per Planning Commission Resolution No. 4823. Sorensen seconded and the motion carried 5-0. UNFINISHED BUSINESS Bautista re-ordered the agenda to discuss item No. 16 next. 16. Application No(s). 15-U-96 and 8-TM-96 - Sandhill Properties (Tandem Computers, property owner) - Consideration of minor re-design of private road between apartments and hotel. The project is located at 10741 North Wolfe Road and 19590 Pruneridge Avenue. Community Development Director Cowan reviewed the staff report. He said there had been a dispute between the owner of the Marriott site and these developers regarding the nature of the easement connecting Pruneridge to the Marriott Courtyard. The two parties have agreed to decrease the 40-foot pavement requested down to 34 feet, and that would accommodate 3 travel lanes. It decreases portions of the landscaping by about 4 feet and the building locations are altered slightly. Mr. Mike Anderson, Sandhill Properties, described how the road was widened to allow three travel lanes and improve circulation to all sites. Mr. Randy Harris, architect, illustrated which buildings had been relocated. Mr. Anderson said that they were moving ahead with the architectural drawings for the hotel, and would be working with Cowan to clarify condition No. 15 regarding the houses. Chang moved to approve the minor re-design of the private road. Bumett seconded, and the motion carried 4-1 with Dean voting no. 15. Report from ad hoc committee on Campaign Finance Reform. City Attorney Chuck Kilian said the committee was composed of Mayor Bautista and Council member Dean, working with himself and the city clerk. Kilian highlighted the report and explained that one of the important parts of the proposal was the idea that candidates stop raising funds prior to the election, and disclose those funds to the voters. Independent expenditure committees will have the same contribution limits as allowed by state law except for two weeks prior to the election their ability to raise funds is reduced to $100 per person, and they can only raise funds until 14 days after an election. Most of the rest of the proposal is modeled after proposition 208 so that filing requirements, etc., are consistent with or complementary to the proposition where possible. · ' March 17, 1997 Cupe 0 City CouncilPage 5 The proposed enforcement mechanism will involve hiring a city auditor to review campaign disclosure statements and render reports periodically. There is an appeal process to allow the appeal of the auditor's position or a candidate's complaint, which would be heard in the context of an administrative law judge. Kilian said he welcomed input from the public and other council members, and said there are many technical issues to resolve before an ordinance can be drafted. Bautista said the reform strives for simplicity in the sense that they've limited contributions to $100 per person across the board, whether individnals or committees. They also tried to coordinate the filing requirements with existing requirements where possible. Another unique feature of this proposal is the enforcement process. The judge will also have the flexibility to assess costs against a non-prevailing party who is abusive of that process. The committee would have liked to have done more but there were some constitutional restraints. This is more restrictive than Proposition 208 and meets the city's interests better. Dean said they tried to address the issues being discussed in the national press fight now regarding "soft" money and liability issues· A person lending equipment, throwing a party, etc. can be held liable as well as the candidate. Bautista said they would also like to hear input from the Council and public about -- possibly establishing voluntary expenditure limits. There would be no enforcement mechanism associated with that. Ms. Barbara Koppel, 7967 Folkestone Drive, said her prepared statement included input from many people in the community. She asked that Council reconsider this proposal and recruit some members of the community to work with the council. The voters overwhelmingly approved the campaign refo~ii proposed by Proposition 208. However, Proposition 212, which was even more stringent, was voted down overwhelmingly by the same voters. There has not been an opportunity to see if Proposition 208 will be effective. She said their concerns were that: (1) This proposal may favor wealthy candidates; (2) Independent expenditure committees should be treated at least as strictly as candidates; (3) It is confusing to change the allowable .contribution amount to independent expenditure committees in the 2 weeks prior to the election; (4) Enforcement consisting of both jail time and a fine is too stringent. This would discourage many candidates who might make an honest bookkeeping mistake and end up in jail. In the case of certain professions, conviction leads to a loss of license and livelihood; (5) The cost to the city is estimated to be between $20,000 to $60,000, and she asked whether this cost should be passed on to the candidates, and whether people would still want to mn. Ms. Koppel said this proposal encourages candidates to try to find mistakes in the reporting forms instead of discussing issues relevant to Cupertino. Right now there are candidates who can't find treasurers because of the rigid reporting procedures. She asked that there be more time allowed for community input. Bumett said he agreed with the comments made by Ms. Koppel. If this ordinance is adopted, Cupertino would have one of the most restrictive campaign finance laws in the ' ' March 17, 1997 Cupertino City Council Page 6 country. He was concerned about the complexity. The supervisor's campaign was a classic example that the issues got lost in content, and people spent time going through financial records instead of telling the voters what they stood for as a candidate. Burner said he had enough money to be able to run a campaign so he could live with this proposal, but he would rather raise the money through contributions and this ordinance would makes it much more difficult to do so. One of the new requirements is that anyone contributing over $50 must disclose their identity to the community. However, it seems that no politician is going to be seriously compromised by a hundred-dollar contribution. Most people contributed beneath the previous limit of $100 because they wanted to retain their privacy and because they feared retribution. Since Proposition 208 is being challenged in the courts, to proceed with something more severe at this time is not good public policy. There will be a substantial expenditure, and another layer of complexity on top of what is already a very complex and difficult process. He was not aware of any pressure for campaign finance reform in the community, although each of the council members hears something different depending upon the people they talk to. The City of Cupertino does not need an ordinance of this type and Proposition 208 is certainly adequate to guarantee an open and fair campaign. Chang said he had reviewed the proposed ordinance carefully, and felt it was a very complicated solution. The committee worked hard to f'md solutions, but those solutions opened up other cans of wombs. He asked council to carefully consider this policy and spend the time for adequate council deliberations and community input. An earlier concern was about the amount of money people could contribute under the old rules. A second issue has to do with disclosure of who contributed. Chang said he concurred with Ms. Koppel's comments that since Proposition 208 lowered the limit to $100 there has been a revolutionary change in the amount that can be contributed. Disclosure is important to determine conflict of interest, but now that the contribution amounts are only $100 it's not that interesting to find out who is contributing, and the usefulness of that infom~ation must be weighed with the amount of work it takes to track those disclosures. He agreed that independent committees should be treated the same as individuals and also be limited to $100. The way the proposal is currently written, it favors people who have their own resources. Regarding the audit, it would be better to have an audit triggered at a certain point or when a problem was discovered. To impose a police-type automatic audit on candidates would put a lot of attention on the audits, and Chang questioned whether that result is what the city really wants. All these factors, plus the cost, are different than what the voters overwhelmingly voted for. If Council wishes to override that, there must be an extremely good reason to give to the public. Chang said one area he would like to explore, if they did proceed, was the voluntary expenditure limit. A number of things could be addressed by such voluntary agreements, including expenditures, hit pieces, etc. March 17, 1997 Cul tino City Council Page 7 Sorensen said the voters did approve Proposition 208, but it's going to be heard in the courts in October and that is too late to have the issue resolved for this year's election. She agreed that independent committees should be held to the same standard as candidates, even if this were added to the ordinance at a later time. She also agreed that the penalty should be fines and/or jail. She said the other West Valley cities are very interested in what Cupertino will do, and will want to consider similar ordinances in their own cities. Dean said that the last election b~d the lowest participation in six decades. There are innuendoes about mistrust and money. This proposal is simple in that candidates will identify the sources of income and state them. There is no way to circumvent the reporting of money, and it will be done two weeks ahead of time. Baufista said there could be problems if they attempted to regulate the content of campaign literature. That was one of the failures and criticisms of the refoxff~ that was introduced in this city four years ago. Kilian said the penalties shown are the maximum that are provided by any ordinance that is a misdemeanor, but the penalty could be zero or a $500 fine and no jail, or no fine and six months in jail, etc. -- Bautista said one of the flaws of Proposition 208 is that by limiting contributions for individuals, it makes it possible for independent committees to become the mechanism for getting campaign contributions to the candidate. The committee spent a lot of time trying to make those contribution limits the same. He felt that it's a lot more difficult from a first amendment point of view to regulate third parties. Therefore it introduces a lot of weakness into this refom~ to make the committees subject to the same fund-raising cut-off. Bantista said he would like more time to get public input and suggested that the item be continued to the next meeting, and that council further explore the merits of voluntary spending limits. Kilian clarified that those limits would not be the voluntary expenditure limits set forth in Proposition 208, which triggers other things, but simply voluntary expenditure limits which would be a part of the cities campaign reform. It would ask candidates to signify in their filings that they will adhere to these limits, but there's no enforcement or penalty if they do not sign or exceed the limits. Bumett said he would like to respond to the question about why people aren't voting. There was an article in the League of Women Voters magazine on that topic and studies show that the biggest reason is that the public feels it doesn't make a difference. The only way to get them out to vote is if they think something different will happen. Campaign financing is not something that people respond to emotionally. The problem rests with the candidate to convince the voters that he has something to offer, and to make it worth their while going to the polls. Another aspect of the county supervisors' race, which had such disastrous results, was that the background of the contributors became an · ' March 17, 1997 Cupertino City Council Page g issue. Will candidates have to run a background check on everybody who contributes to make sure that somewhere there is not a conviction. Chang said he encouraged everyone to look at the proposed campaign reform proposal and come to their own conclusion whether it is simple or complicated. There are so many different parts in this, plus Proposition 208, plus the original FPPC requirements. He asked if the city would incur expenses if someone were to sue. Some of the proposed solutions are more liable to litigation than others, and he felt the refom~ should be written in such a way that it would not invite too much litigation. Kilian said if there is a lawsuit filed on this, it is the city attomey's job to defend it. If the suit were successful, or partially successful, it is likely that the court would award attorney's fees to the plaintiff. Chang said that people are frustrated because there are flyers that get a lot of negative publicity, and they are not always factnsl. He asked if there are standards that could be set forth which would not violate First Amendment rights. Dean said the committee considered that but could not find a way to make it work with the laws that are in place. This item was continued to the meeting of April 7. NEW BUSINESS 17. Appointment of Planning Commission representative to Environmental Review Committee. Sorensen moved and Dean seconded to appoint Commissioner On'in Mahoney as the representative. The motion carded 5-0. ORDINANCES 18. Second reading and enactment of Ordinance No. 1753: "An Ordinance of the City Council of the City of Cupertino Adopting Amendments to the Stevens Creek Boulevard Specific Plan (The Heart of the City) Which Defines Appropriate Land Uses and Intensities for Land in the City Center Area and Approves the Transfer of 141,000 Square Feet of Office Development Allocation from Apple Computer to Symantec Corporation for an Office Building Project in the City Center Area (Application No. 81,152)." The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by title only, that the City Clerk's reading would constitute the second reading thereof, and that the exhibit be changed to reflect that parcel No. 22. shall be designated for parking only. Motion carried 4-1 with Bumett voting no. Sorensen moved and Dean seconded to enact Ordinance No. 1753. Motion carded 4-1 with Burnett voting no. March 17, 1997 Cupertino City Council Page 9 19. Second reading and enactment of Ordinance No. 1754: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19 of the Cupertino Municipal Code By Modifying the Planned Development Zoning of Approximately 21.9 Acres to Restrict the Land Uses and Building Heights of Certain Parcels of Land Located in the Southeasterly Quadrant of Stevens Creek and De Anza Boulevards Commonly Known as The City Center Area (Application No. 2-Z-83 (Modified)." The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by title only, that the City Clerk's reading would constitute the second reading thereof, and that the zoning map list of uses be amended to show parking only allowed for parcel No. 22. Motion carried 4-1 with Burnett voting no. Sorensen moved and Dean seconded to enact Ordinance No. 1754. Motion carried 4-1 with Burner voting no. Burner explained that he voted no because there is already an intersection which is at a Level E near here, and he did not feel it was appropriate to increase the density. STAFF REPORTS None. COUNCIL REPORTS City Manager Don Brown reviewed the recommendations fxom the Legislative Review Committee. Bumett moved to adopt those recommendations as follows. Dean seconded and the motion carried 5-0. Oppose SB 689.(Johnson), Regulatory Takings. Hours and Manner of Operation. Oppose AB 252 (Leonard), School Facilities Support SB 1048 (Sher), Defining a Bay Area Program within the State Coastal Conservancy. ADJOURNMENT At 8:20 p.m. the meeting was adjourned to March 22, 1997, at 8:00 a.m. in the Quinlan Community Center, 10185 N. Stelling Road, to discuss City Council goals. City Clerk