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CC 02-02-98 MINUTES Cupertino City Council, Regular Meeting February 2, 1998 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean, Councihnembers Don Burnett, Sandy James, and John Statton. 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; Human Resources Director Bill Woska; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Chang presented a certificate recognizing Good Samaritan United Methodist Church for ..... outstanding leadership and congratulated them on the success of their forum titled "One People Under the Sun." POSTPONEMENTS - none WRITTEN COMMUNICATIONS - none ORAL COMMUNICATIONS Ms. Ardith West, 1021 Tuscany, distributed copies of the Route 85 Noise-Mitigation Study and a newspaper clipping regarding noise on Highway 85 written by Sarah Lombardo. Ms. West said she is a member of the Freeway Noise Abatement Committee. She said that in December of 1995 the city councils of Saratoga and Cupertino passed resolutions asking the state legislature to provide for a demonstration project for new installations along Highway 85, and that new and current technologies and designs be investigated to achieve maximum noise reduction where freeway and residential conditions exist. Caltrans hired an acoustic specialist to conduct an independent study of noise reduction and the results of that study, reflected in the hand out, indicate that they could achieve a 30%-50% reduction in perceived noise. A summary of this report will be presented Wednesday, Feb. 4, to the Saratoga Council, and Ms. West invited the Cupertino Council and citizens to attend. She asked Cupertino to join with Saratoga and the state representatives in asking the legislature to proceed by implementing the demonstration project. Burner said that he would attend the meeting as Council's representative. Ms. Joan Hershkowitz of Saratoga announced that this item would be a public hearing and was scheduled to begin at 8:00 p.m. Februa 2, 19911 Cupertino Gty eoundl Page CONSENT CALENDAR Dean moved to adopt the items on the Consent Calendar as presented, with the exception of item Nos. 12 and 14 which were pulled for further discussion. James seconded and the motion carded 5-0. 1. Resolution No. 98-038: Accounts Payable, January 16, 1998. 2. Resolution No. 98-039: Accounts Payable, January 23, 1998. 3. Resolution No. 98-040: Payroll, January 23, 1998. 4. Minutes of the regular adjourned meeting of January 16 and the regular meeting of January 20, 1998. 5. Resolution No. 98-041: Making determination and approving the reorganization of territory designated "Lomita Avenue 97-15"; approximately 0.132 acre located on the south side of Lomita Avenue between Imperial Avenue and Pasadena Avenue, Chang (APN 3'57-18-005). 6. Monthly Treasurer's and Budget Report, December, 1997. 7. Adoption of the Annual Investment Policy. 8. Resolution No. 98-042: Appointment Carol Atwood as City Treasurer and Lois Thornton as Deputy Treasurer. 9. Resolution No. 98-043: Authorizing execution of renewal of lease with Santa Clara Valley Audubon Society for a portion of the McClellan Ranch House. 10. Resolution No. 98-044: Accepting Irrevocable Offer to Dedicate Property for Street Proposes from Trinet, South of Homestead Road, east of Tantau Avenue. 11. Resolution No. 98-045: Approving contract change order No. 1 for Blackberry Farm Pool House Remodel, Project No. 97-109. 13. Resolution No. 98-047: Approving contract change order No. 10 for Creekside Park Improvements, Project No. 96-9208. 15. Appointment of Planning Commissioner Orrin Mahoney as the member and Planning Commissioner Jerry Stevens as the alternate to the Environmental Review Committee (ERC). February 2, 199~ Cupertino (~y Council ~age ~ Vote Councilmcmbers Ayes: BurneR, Chang, Dean, James, and Statton Noes: 'None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. Resolution No. 98-046: Approving consultant for Library Expansion project. Chang asked for more information about the consultant. Public Works Director Bert Viskovich said that staff is recommending a consultant firm from Minnesota. Their representatives provided the best answers and the most insight about what a library should be, and seems to be very well qualified. There is a scope of work that is estimated to take three months to complete, and the consultant can work in parallel with the needs assessment group. Dean moved to adopt Resolution No. 98-046. Burner seconded and the motion carded 5-0. - - 14. Acceptance of city projects perforated under contract: Storm Drain, Homestead/De Project No. 97-104. Burner expressed concern about the quality of repair, particularly the asphalt. Public Works Director Bert Viskovich said this was a connection of a stomx drain facility from the west side installed by the Forge Development and connected across DeAn?a to the Citation project. Viskovich said he would have someone review the asphalt work and report back to him. Dean moved to accept the city projects performed under contract. James seconded and the motion carried 5-0. PUBLIC HEARINGS 16. Resolution No. 98-048: Ordering abatement of public nuisance at 7526 Rainbow Drive. Bill Woska, Human Resources Officer, reviewed the staff report and described the excessive accumulation of trash and debris, as well as an inoperative, unregistered vehicle. Since September, both Code Enforcement and Vector Control Division of the County have been involved in the matter. The property owner has been unresponsive. On January 5 Council adopted a resolution setting forth this public hearing, and it is staffs recommendation that the trash, debris, and vehicle be declared a public nuisance, and that the property owner be ordered to remove it by February 16. If he does not do so, - the City will remove it and the property owner will be assessed the cost of removal. February 2, 19011 Cupe~no City Council Page Chang opened the public hearing. There were no speakers, and the hearing was closed. Statton asked that staff be prepared to respond promptly if the property owner does not abate the nuisance. Chang said this is the kind of issue which could use some streamlining, since it has taken since September 2 to get this far in the process. Dean moved to adopt Resolution No. 98-048. James seconded and the motion carried 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 17. Request from TCI to amend provision of franchise agreement dealing with timeline for rebuilding cable system (continued from January 5). ~- (a) Resolution No. 98-026: Authorizing amendment of franchise agreement re extension to complete rebuilding of system. Statton said there were a series of very productive meetings between TCI, the city staff, and some council members. TCI is rebuilding the cable systems in the city and will be bringing forward a very exciting product including cable modem access, digital channels, etc. They may need additional time to make sure those get implemented properly, including combining the two existing systems into one, so they arc requesting a continuance. TCI also has a strong commitment to education in the community and has agreed to fund an upgraded video facility at the new library when it is built. Public Info,~,,ation Officer Donna Krey highlighted the amendments to the franchise agreement, which will include a contribution up to $205,000 from TCI for amenities for the expanded library. Bumett asked what will happen to residents who may be annexed in the future. Krey explained that if they are currently in one of the two systems serving the city, they will automatically be upgraded. Mr. David Walton, General Manager for TCI, thanked the council members and staff for their help on this project.. He also thanked the Telecommunications Corranission for - - their careful analysis and recommendations. He noted that TCI's original projection was to roll out the digital product in April. That plan has changed and they now plan to roll out the digital product as each street is completed. · . February 2, 199 Cupertino City Council Page Statton moved to adopt Resolution No. 98-026. Dean seconded on the condition that the media rooms in the new library shall be named "TCI Media Center" to acknowledge the effort that company is making to help the community. ShaRon concurred with the condition, and the motion carried 5-0. 18. Discussion of annexation strategy for unincorporated pockets in Cupertino. Community Development Director Bob Cowan reviewed the staff report. He said the pockets include the Rancho Rinconada area, which is actually four separate subdivisions; the Garden Gate area; and Monta Vista, which is a unique situation because of the long pattern of development which has already taken place there, which 'has created 20 separate islands. The county initiated the program and is working with the city to conduct community meetings regarding possible annexation. Cowan reviewed a chart showing the next steps in the process, beginning with prezoning. Everyone within the proposed annexation area plus a 300 foot radius around them will be notified of the prezoning hearing if the council decides to proceed. Ms. Jennifer Griffon said that zoning of the Rancho Rinconada area will be addressed on Thursday at an all day meeting. The residents want the zoning changed so that they can protect some of the current standards. She is particularly concerned about the three- month lag because a lot of houses have been demolished in the last week. She hoped - - there would be an agreement between the city and the county to change the county zoning as quickly as possible to better match the City's standards. Mr. Steve Smith, 18831 Hunter Way, said he was one of five speakers tonight representing and ad hoc committee called the Rancho Pocket Annexation committee which is advocating annexation. Their main issues are redevelopment in new housing coustmction, protection of street trees and heritage trees, and urban blight. He said that the problems in this neighborhood are very much like the problems which the City of Cupertino has already begun to address. Smith gave an overview of the history of Rancho Rinconada and said that economic market fomes have triggered redevelopment with extremely large houses. Existing Santa Clara County housing standards allow houses to be built right up to setbacks and heights up to 35 feet, and these houses intrude on the residents' enjoyment of the neighborhood. There are also issues about housing style; some people prefer to preserve the more rustic atmosphere, and they want some protection of their views and daylight access. The trees are protected by the County ordinance, but there is a consistent lack of enforcement to the point that developers openly disregard the ordinance. Ms. Maxine Labash said that one the Rancho Pocket committee has set up a committee, circulated petitions, and in conjunction with the neighborhood association, has started to achieve understanding and commitment within their community. She compared the four major points of incorporation from 1954 with the major points for annexation in 1998. The current goals are to preserve the residential atmosphere; permit residents to receive maximum protection from the encroachment of unsupervised development and a potential destruction of long-established community and environmental benefits; bring local Yebn, ry 2, 10011 Cupertino City Council Page 6 problems under local control by local representation in government.; and to fulfill the long-term goal of the City of Cupertino to annex Rancho Rinconada and stimulate a common community spirit within the City's sphere of influence. She noted that last year she attempted to join the City's Parks and Recreation Commission but was not allowed to do so because she was not a Cupertino resident. This policy does not coincide with the City's long-term goal to stimulate a common community. Ms. Cathy Thaler, 10116 Stem, commented on the number of changes in this community which included physical, emotional, and financial changes. It is the council's public trust to insure that the financial well-being of Cupertino residents is always considered. Based on the report, it would cost just under $35 per house to annex. She conducted an informal survey of about 75% of the neighborhood and found 6 for-sale signs, 13 cleared lots with some foundation present, 15 homes in various stages of building construction, 40 houses that are less than twelve months old, and about 50 homes that have already been remodeled. All of these houses will add to the property tax basis and even at a 2.2% percent increase, it would more than cover the $35 per house cost. Mr. Marc Auerbach, discussed the committee's progress with the petitions. Some petitions and polls were akeady included in the council backup materials, and a number of additional homes have since been polled. He showed a map illustrating the area Where they had polled 594 houses. They received 351respouses, with 58 percent in favor of - -' annexation, 16 percent opposed, and 26 percent undecided. He added that the support for annexation is not restricted to only one pocket in Rancho Rinconada. Mr. Wayne Weichel, 10587 Gascoigne, said that he purchased his home in Rancho Rinconada because it offered excellent schools for his daughter, had an excellent location, and he pemeived it to be a community which was improving rather than decaying. Although it has a colorful history and there is some undesirable redevelopment going on, most of it is attractive and positive for the neighborhood. The majority of tear-downs and re-builds are homes which were not well maintained. New homes mingled with the older, well-maintained homes, continue to enhance the community. He said that Rancho Rinconada will be a valuable addition to the city. He said the neighborhood association is dedicated to bringing the community together and keeping the residents info~raed of neighborhood issues. Quarterly presentations have included emergency preparedness, neighborhood watch, trash pickup and recycling, and annexation. They also produced the quarterly Town Crier newsletter and maintain a neighborhood e-mail list to distribute news. He said that annexation of the entire Rancho Rinconada area should take place at once and not piecemeal because it would be counterproductive to their efforts to bring the neighborhood together. The most opportune time to proceed is now while information is fresh. Mr. A1 DeRidder, 19146 Anne Lane, said that he had forwarded a letter to council which - _ was in their packet. He read a copy of that letter and said that he was not opposed to the annexation but objected to the method of implementing the process. He believed that the residents of the affected area should have a right to vote on the matter. He conducted a survey of neighbors along Tantan Avenue. Of the 30-35 people he spoke to, only 3 were · .February fi, Cupertino Council Page definitely in favor of inunediate annexation. The rest of the residents agreed that they would like to have the issue put on the ballot and thus signed his petition. While the signatures do not meet thc 25 percent negative input requirements of the state law, he believed it was a good representative count of what the community would believe is thc right thing to do. Burner said that his home is very close to the Rancho Rinconada area and he frequently rides his bike through that neighborhood. He was in favor of proceeding and felt the city could do a good job of protecting the area's beauty and providing services to the citizens. James said one of the reasons to consider this annexation is to have a government that's more responsive to the residents needs. There are both financial issues and quality-of- community issues to be considered, and she felt that the Rancho Rinconada area would fit nicely into the City. Those residents already use city schools and libraries, and participate in local fund-raisers and community service organizations. She felt strongly that residents should not be forced to annex but they Should be welcomed if that is something they want to do. There are also plans to speak with Supervisor Simifian about · some of the creek land along the outside edge of the neighborhood which could benefit residents of Cupertino. Statton said Cupertino values an active cifizeury. One of his concerns about annexation '- - had been the net cost, but this particular situation appears to be a wash, one way or the other. He is also concerned about overall quality-of-life issues which council and staff will be working on over the next few weeks. There are also very high standards in the community for park space. He said he had some sympathy with Mr. DeRidder's desire for an election to decide this question, but he would reserve his opinion on that until later. In general, in was in favor of the annexation. Dean said that the City had worked hard to create a high standard of housing and there have been hot debates on setbacks and quality-of-life issues. The City is not in a position to go out and seek more residents, but if they do join it is critically important that they do so because they want to be annexed. Chang said he agreed with the comments of the other council members. If the county pockets choose to annex to Cupertino they will be welcomed, and in fact maybe this proposal has been too long in coming. Chang said he had originally wanted the matter put to a vote of the public as well, but now that he has a better understanding of the history and process of annexation he is more comfortable with not holding an election· The California status has a specific section which says that the state does not require a vote but regards silence as giving consent on this type of issue. Chang said he would prefer to wait until further information was received from the residents before he decided whether to support an election. He said that the City would work closely with the county · - - to encourage the adoption of development standards which would more closely match those of Cupertino. February 2, eunertino City eo dl Page Burnett moved to adopt the staffrecommendation as set forth in the staff report, as follows: Endorse the described annexation strategy including the following elements: guiding annexation principles, the general annexation procedures and the specific annexation procedures. Authorized staff to implement this strategy by initiating a prezoning hearing for Rancho Rinconada, and upon completion, return to Council to initiate subsequent annexation proceedings for the area. James seconded and the motion carried 5-0. 19. First reading of Ordinance No. 1777, an Ordinance of the City of Cupertino, Amending Title 16 of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforming the Provisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old Provisions with New Language, and Consolidating and Streamlining Various Provisions. The City Attorney said that there were some minor proofreading corrections that would be made before the next reading on this item. The City Clerk read the title of the ordinance. Dean moved and James seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carded 5- 0. · -- -- 20. Appeal of revocation of massage establishment license, Prima Skin Care (continued from January 20). City Attorney Charles Kilian reviewed his letter to Council on this matter, and said .their notice of appeal had one legal question. Mr. Smithton said that there is no argument that the license is revoked. However, there is an argument as to when it was revoked. The City Attorney's position is that it was valid until revoked, and it is his position that the city and the code enforcement office acted as if it was revoked, told the applicant it had been revoked, and as a result she changed the nature of her business and her license and stopped doing business as a massage parlor. If the license was revoked by the City they shouldn't have been be able to revoke it again in the hearing. He said the applicant is not asking to have her license reinstated. In fact she is closing the business and re-negotiating the lease with the landlord. However, the way the ordinance is worded, it will prevent her from obtaining work as a licensed massage therapist in other communities that have similar ordinances. He asked that council set the decision aside and make it a condition that the applicant cease doing any business at this location, and that she not apply for an establishment license for at least five years in the city. Kilian said that, for the record, the City could not revoke on a code enforcement officer's ~ .- mistaken interpretation that there was no license. That is why there are due process hearings. In fact, there was a license whether the code enforcement officer knew it or not. The fact that it was not being utilized because the applicant did not have a therapist permit is irrelevant. The City proceeded on this long due process hearing to give the applicant an opportunity to demonstrate why she should continue to have a license in the City. Kilian said that this is a regional issue and he did not feel that the City should hide from the neighboring communities the fact that there have been problems with this applicant. Dean commented on the history of this complaint and how long it took to abate the problem. Smithton said that in trying to safeguard the community in this particular case, the right of employment wMch his client has as a therapist is being denied by the terms of the ordinance because she was a negligent manager. He felt the best thing would be to simply set aside those findings made by the City Manager and find that the license was revoked 90 days after the noncompliance took place and that she gave up in the right to that license. Kilian said the fact is that the license was not revoked 90 days after the ordinance. Chang moved to aft'mn the decision of the City Manager to permanently revoke the massage establishment license. Statton seconded and the motion carried 5-0. Burner moved to deny the appeal. Statton seconded and the motion carried 5-0. Statton said that he was concerned about such a long process to solve this issue. There - -' are other shops in town which have raised issues as well, and he asked if there was a way to increase enforcement or expedite enforcement. Kilian said in this particular case the delay was caused by the difficulty the Sheriff's officers had in conducting the investigation. Dean said the officers did the best they could and made several attempts to get in. 21. Resolution No. 98-049, supporting the campaign to create the Bear Creek Redwoods Regional Preserve. Dr. Robert Montcrief, 18190 Bancroft Avenue, Monte Sereno, represented the Friends of Bear Creek Redwoods Regional Preserve and asked for Council's endorsement of their project. They seek to preserve a unique tract adjoining Lexington Reservoir, to be made a public regional preserve. He reviewed the mission statement of the Friends, distributed copies of a map of the area, and described the wide variety of trees and animals which live in the varied terrain. This is a unique area close to a heavily populated region, and it is threatened with logging the area, development of home sites, and possibly a golf course. He asked for Council's support in principle for the preserve project. Burnett moved to adopt Resolution No. 98-049. James seconded and the motion carded 5-0. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS City Manager Don Brown reviewed the recommendations of the Legislative Review Committee. Burnett moved to adopt the recommendations, as follows. James seconded and the motion carded 5-0. Opposed Vehicle License Fees, Three Year Phase Out (bill number to be announced) (McClintock) AB 1614 (Lempert), California Internet Tax Freedom Act AB 1498 (Campbell), Drive-Thru Facilities, Accessibility to Public Accommodations AB 297 (Vincent), Smoking and Tobacco Control Supported AB 726 (Baugh), Sexually-Oriented Businesses, Local Regulation AB 1427 (Pringle), Retrieval of Shopping Carts by a City or County AB 427 (Knox), Public Employees' Health Benefits, Domestic Partners AB 511 (Migden), Bank In-Lieu Tax, Financial Aid to Local Agencies. Brown said that in addition to sending letters to the pertinent committees, as a murine matter staff will add copies to the local assemblyman and state senator as well as the Cities Association. Statton said he had attended a meeting of the Library Joint Powers Authority last Thursday where they heard input, primarily from residents of Oilroy who are concerned about unfettered access to the internet through the library system. Bumett encouraged everyone to attend the meeting on "Why People Don't Trust Government" which will be Thursday at Sunnyvale City Hall, sponsored by the Cities Association. James said she attended the first meeting of the Senior Center Expansion Design Committee, and it will be an interesting and energetic group. They will be touring other senior centers in the area. James said she also sat on the Audit Committee and the Economic Development Team, and they blend well together. Members are serving as mentors for selected businesses in town and that program is working out well. Chang thanked the staff for helping out with the preparation of the State of the City presentation. CLOSED SESSION At 8:40 p.m., the Council adjourned to a closed session to discuss negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8,. regarding the MeDonald-Dorsa property. At 9:16 p.m. Council reconvened. The City Attorney reported that staffhad been directed to proceed along the lines discussed in closed session, and that no action had been taken. ADJOURNMENT At 9:16 p.m. the meeting was adjourned to Tuesday, February 17, 1998, at 6:45 p.m. (February 16 is a holiday). City Clerk