CC 01-20-98 MINUTES
Cupertino City Council
Regular Adjourned Meeting
Tuesday, January 20, 1998
PLEDGE OF ALLEGIANCE
At 6:46 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean,
Councilmembers Don Burnett, Sandy James, and John Statton. Council members absent: None.
Staffpresent: City Manager Don Brown; City Clerk gimberly Smith; City Attorney Charles
Kilian; Administrative Services Director Carol Atwood; ConununRy Development Director Bob
Cowan; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey;
and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
Mayor Chang presented a pmclamarion recognizing School Health Week and School Nurse Day
to school nurses Terry Tellup and Pat Robinson.
Mayor Chang presented a proclamation recognizing the donation of art work rifled "Improving
Cupertino" from Frank Lee. This painting, created in 1994, won the Yosh Decker Historical
Award from the Fine Arts League of Cupertino.
POSTPONEMENTS
James moved to continue Item No. 21, appeal of revocation of massage establishment license,
Prima Skin Care, to the meeting of February 2 at the request of the appellant. There are to be no
further continuances granted. Burner seconded and the motion carried 5-0.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Mr. Mark Auerbach, 18860 Barnhart Avenue, said he represented the Rancho Pocket Annexation
Committee, composed of residenLs who were in favor of armexation the city. He asked other
members to rise so the Council could see how many were in attendance. Many have been
involved with this issue since last summer when the county initiated a series of town hall
-. meetings. The committee has polled their neighborhood and they believe that 50 percent are in
the support of annexation, with no more and 20 percent opposed. Also, it is their understanding
that postcards submitted to the county are showing 2 to I in favor of annexation. In the unlikely
event the question does go to a vote the committee believes it will be overwhelmingly in favor of
Jsn- ry 20, 199t eUpertlno elty eoundl Page 2
annexation. All Rancho residents, both in favor and opposed, were invited to attend an
informational meeting jointly held by the county and the City, and the meeting overflowed their
community room. Mr. Auerbach said the neighborhood association also produces the
Community Crier newsletter, which is a forum for discussion on both sides of the issue. They
are circulating a petition throughout the neighborhood, working with city planning staff, and
working to get attendance at this and future City council meetings. Although each person has
their own reasons for wanting annexation, they are similar to the issues facing all Cupertino
residents: the sizes and appropriateness of new housing, tree-cutting, density, and irrfxastructure.
These residents use Cupertino schools, share in the same mechanism for policing, and even have
Cupertino mailing addresses. The only difference is that in their case, faced with purely urban
issues, they lack the political mechanism designed best to address them, which is city
government. He asked Council to put the item on their agenda with all due speed, and to vote in
favor of annexation.
City Manager Don Brown thanked the audience for attending, and said there had originally been
a briefing planned for this evening but staff were not ready with that report and he apologized for
the inconvenience. They anticipate that it will be ready for the next council meeting and staff
will give a full review. At that time Council may choose to set a public hearing and a noticing
process to gauge the input from the community.
CONSENT CALENDAR
Dean moved approval of the items on the Consent Calendar as presented, with amendments to
the minutes of Jan,~ry 5 as noted. Burnett seconded and the motion carried 5-0.
1. Resolution No. 98-027: Accounts Payable, December 19, 1997.
2. Resolution No. 98-028: Accounts Payable, December 26, 1997.
3. Resolution No. 98-029: Accounts Payable, Janv_~ry 2, 1998.
4. Resolution No. 98-030: Accounts Payable, Jan~_~ary 9, 1998.
5. Resolution No. 98-031: Payroll, December 26, 1997.
6. Resolution No. 98-032: Payroll, January 9, 1998.
7. Minutes of the regular meeting of January 5, with the following amendments: Page 7, line
4, remove the word "not"; Page 10, item 36, amend committee title to read Santa Clara
County Transportation Authority Policy Advisory Committee; and item 37, amend to
show that Burnett and James were Council representatives. Also adopt the minutes of the
regular adjourned meeting of January 7, 1998.
City Clerk noted corrections to the list of commit~e appointments on Page 10 of the
Jan~_~__a_ry 5 minutes.
January 20, 1998 Cupertino City Council Page 3
8. Resolution No. 98-033: Rescinding Resolution No. 9663 and adopting the Conflict of
Interest Code of the City of Cupertino for officials and designated employees.
9. Resolution No. 98-034: Setting date for consideration of reorgaoi?ation of area
designated "Hanford Drive 97-11", property located on the north side of Hanford Drive
between Beardon Avenue and Cupertino city limits line; approximately 0-.228 acre,
Wang (APN 326-33-024).
10. Annual report from Telecommunications Commission.
11. Resolution No. 98-035: Approving contract change order No. I for Reconstruction of
Curbs, Gutters and Sidewalks, Pwject 97-106.
12. Resolution No. 98-036: Authorization to Submit Applications for Transportation
Development Act Article 3 Bicycle and Pedestrian Fund Program.
13. Acceptance of city projects perfo~s-s-~ed under contract: Stevens Creek Boulevard ~
Stelling Road Median Modification, Project 97-105.
14. Resolution No. 98-037: Approving the Final Map of Property Located at 21855 Dolores
Avenue, APN 357-14-025; Developer, E & H Third Family L.P., A California Limited
'- Partnership; Authorizing Execution of Improvement Agreement; Authorizing Signing of
Parcel Map.
15. Resolution No. 98-038: Accepting grant deed fxom R. J. Hunter, APN 362-30-003,
Gardenside Lane at Kingsbury Place.
Vote Councilmembers
Ayes: Bumett, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC ItF~ARINGS
16. Public hearing to consider annual renewal of bingo pe,~fits: (a) St. Joseph of Cupertino
Church, 10110 North De ,AnTa Boulevard; (b) International Order of Odd Fellows,
Cupertino Lodge #70, 20598 Homestead Road.
.-- Mayor Chang opened the public hearing. There were no speakers, although Mr. Dick
Caldwell was present to answer any questions on behalf of the church, and the public
hearing was closed.
20, ! 998 Cupertino City Council Page 4
Dean moved to renew the bingo permits for St. Joseph of Cupertino Church and the
International Order of Odd Fellows. James seconded and the motion carried 5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
17. Advisory Committee, Cupertino Housing Committee and Fine Arts Commission.
James moved to establish a deadline for applications on Friday, February 13, and
interviews on Monday, March 2, at 6:00 p.m. Bumett seconded and the motion carried
18. Annual General Plan Review and review of 1998 Work Program,
Community Development Director Bob Cowan reviewed the staff report. He said that he
would revise the wording on Page 18-6, item 2-3 to be more specific, and to correct that
the conversion of space should be fxom "commercial to office" space. He said they
would also correct Page 18-20, item 6-29, regarding the Stevens Creek Quarry (}ood
- Neighbor Committee. The report says that their activity is ongoing, when act~mlly the
committee has not met for over a year.
James moved and Burnett seconded to accept the annual report, subject to the comments
submitted by the Planning Commission, and to accept the annual work program as
modified by the Planning Commission. The motion carried 5-0.
19. Status report on Simms house, McClellan Road.
Community Development Director Cowan reviewed the staff report. The long-term plan
is to convert this into some park use. At this time it is relatively easy to continue to use
the building as a private residence, but code requirements are quite extensive to convert it
to a place for public assembly. The loan has been repaid in full, and all future revenue
generated by the program is earmarked for home and park maintenance expenses.
Innovative Housing has ceased operation. City staff now serves as property manager to
collect rent, etc. and works with CCS to screen prospective tenants.
Dean moved to continue with the existing program of affordable housing rentals and to
review the status of the Simms house on an annual basis. Burnett seconded and the
motion carried 5-0.
January 20, 199R Cupertino City Council Page
20. Status report on property maintenance ordinance.
An letter dated Jan. 20 from the City Attorney's Office was distributed at the meeting. It
listed some concerns for Council to consider and recommended (1) Demonstrating a
reasonable relationship to the general welfare; (2) Maximizing the City's flexibility in
enforcement by offering as many remedies as possible; (3) Keeping penalties, definitions,
and enforcement pwcedures consistent with relevant sections in the code, uniform codes,
and state statutes; and (4) Bring into consistency the bail schedule on file at Municipal
Court.
Community Development Director Bob Cowan reviewed the staff report. Staff's
recommendation was to tighten up existing ordinances, make them more comprehensive,
strengthen the nuisance abatement law and shorten the time frame, return to Council with
a series of ordilaances to address those concerns which were not already covered, and
create a public relations tool in the form of an informational brochure. He said the
UnifoLm Housing Code is a good tool to use if house paint is peeling so badly the wood is
in danger of deteriorating. However, if paint peeling from a building is just unsightly, it's
difficult to create a law to abate that.
Dean said he was not satisfied with the report and had been expecting something along
· '-- the lines of the Campbell master plan. He felt if a resident had made a commihuent to
move to Cupertino, that should include a commitment to maintain the property and not let
it go to ruin by letting the building deteriorate, the lawn die, etc.
Cowan said things like junk cars, debris in yards, etc. can be solved. The landscaping
portion was the difficulty. Campbell reports a mixed reaction as to the success of their
program because the more subjective items are difficult to enforce.
City Manager Don Brown said it is difficult to clearly define when a violation begins,
such as peeling paint. Currently the code is enforced on a complaint basis only, but if
Council wishes to be more aggressive, more code enforcement officers can be added in
the budget. He said that the Campbell ordinance was merely an overlay over their
existing ordinances and it is therefore not always consistent with the underlying rules.
Dean said that it may be necessary for Cupertino to take the first step to write an
ordinance governing landscape maintenance. The City Attorney said there are two
options. Staff can either draft a very specific, objective ordinance that says, for example,
refrigerators cannot be left in the front yard, peeling of paint is not allowed, etc. The
problem with that is that people get around those ordinances by coming up with some
pc, mutation which isn't covered. The other option is to make the definition of nuisance
in the city code stronger and more detailed, and on a case by case basis to allow Council
to detem~ine whether something is bad enough to constitute a nuisance.
January lO'Ii Cupertino City Council 'age 6
Bumett felt an overlay ordinance would make the process more complex. The real need
is to give the neighbors a tool to know what is acceptable and what isn't. That should be
done right away, and in the meantime staff can begin strengthening the ordinances.
Statton said that he heard many complaints about landlords that bought property and let it
go to seed, which affects the entire neighborhood. He felt it would be very difficult to
design an objective ordinance to address this sort of problem but a brochure was a good
first step along with strengthening the ordinances. He asked if the enforcement process
could be speeded up. The City Attorney said they might be able to shorten the protocol
for staff, so they did not write so many letters or wait for time to pass, and it could be
addressed quicker.
Dean said if there was a brochure people would know what to expect, what would be due
diligence. If that was not met they could come back to Council for enforcement.
James agreed a more subjective approach would be better.
Chang agreed a tool was needed to bring problem buildings up to community standards,
but it must be fair enough to allow for personal style to be reflected. He felt building
maintenance was more straightforward and easier to enforce, and agreed Council needed
- a tool to deal with the more extreme situations. In landscaping there are more issues
about personal preference.
Burnett said his preference was to strengthen a broadly-worded ordinance, and continue
to enforce nuisance abatement on a complaint basis.
James felt the staff recommendations were a good starting point, and add another process
where the ultimate decision falls to Council on those subjective issues. James agreed that
enforcement of landscaping should also be addressed, but was concerned about the
possible confusion over the word landscaping. She understood that Dean was not talking
about regulating what type or design of landscaping could be put in the front yard, but
rather a way to address the problem of a yard taken over by weeds, a dead lawn, or the
yard composed of mud and dirt. She suggested referring to it as property appearance.
Statton said he would be in favor of a general nuisance abatement ordinance that creates a
tool to address complaints about both landscaping and building maintenance.
Chang said that the items brought before Council for abatement should only be the
extreme cases.
Council agreed to fo~m a subcommittee consisting of Council Members Wally Dean and
._ Don Bumett, and directed Cowan and Kilian to prepare an updated report. Those four
will put together a recommendation for the full Council.
January 2/), 1991 Cupertino City Council Page 7
Ms. Ann Anger, 10185 Empire, President of the Monta Vista Improvement Association,
expressed her dissatisfaction with the proposed solution. She said these discussions
pertained to subdivisions and did not address the problems that existed in old Monta
Vista. There are cars parked where there should be landscaping. She distributed copies
of an old letter to Council discussing the on-going problems with junk cars, and she
discussed her efforts which resulted in a $1 surcharge on license fees for one year to raise
funds for additional enforcement. She asked that ail visible junk be removed from old
Monta Vista.
21. Appeal of revocation of massage establishment license, Prima Skin Care.
James moved to continue Item No. 21, appeal of revocation of massage establishment
license, Prima Skin Care, to the meeting of February 2 at the request of the appellant.
There are to be no further continuances granted. Burner seconded and the motion carried
5-0.
22. Review of the City Financial Statement (CAFR).
Administrative Services Director Carol Atwood reviewed the staff report and highlighted
the audit results from the 1996/97 Comprehensive Annual Financial Report, which
showed a clean audit opinion, with no management letter or audit adjustments. She also
- discussed transparencies of charts which compared original revenue projections with the
actual figures, which were higher than anticipated. Original projections were for $20.5
million, and the ac~ol revenue was $24.4 million. The original budget was $22 million,
and actual expenditures were $22.3 million. She also reviewed the enterprise funds,
which had a very good year.
Council concurred to received the report.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
Chang thanked the Councilmembers for their hard work at the recent council goal setting session.
Dean said that he had been elected to serve on the Santa Clara County Solid Waste Commission.
Buruett said that he had attended the meeting of the Association of Bay Area Governments and
they had an interesting conversation about what comprises sustainable development.
James said that members of Leadership Cupertino had met with the high school district and are
interested in pursuing a teen program.
1anuary JO, 1~ ~up~&o ~ty ~o~m~l ?~g¢ 8
Statton said that the T0yokawa Sister City was developing a great agenda for the 20-year
anniversary, and they needed support from City council and staff.
ADJOURNMENT
At 8:32 p.m. the meeting was adjourned.
City Clerk