Loading...
CC 02-07-00 MINUTES CUPERTINO CITY COUNCIL Regular Meeting Febr~_~_ry 07, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council mei~ibers present: Mayor John Statton, Vice-Mayor Sandra lames, and Council members Don Bumeti, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Steve Dowhng, Public InfoL-~ation Officer Donna K.~y; Public Works Director Bert Viskovich, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation recognizing Katherine Waugh, locally named School Nurse of the Year. .-- Mayor Station read the proclamation honoring Ms. Waugh for being named School Nurse of the year by the Bay Coast Section of the California School Nurses Association. Councilmamber James congratulated Ms. Waugh and said she valued the experience of working with Ms. Waugh during her time as a member of the school board. 2. Presentation by Cupertino Host Lions Club President John Kolski of financial donations to Blackberry Farm and new Senior Center picnic area. John Kolski, First Vice President of the Cupertino Host Lions Club, presented two checks to be used for the Blackberry Farm picnic area and the new senior center. Mayor Station accepted with thanks. 3. Report from city committee or commission: Housing Conunittee. Cecilia Fu, Chairperson of the Housing Committee, reviewed goals set by the Housing Committee which included the following: 1. Increase supply of affordable units by working with the Planning Commission, City Council and other interested groups. 2. Promote the creation of employer-assisted housing. 3. Preserve existing stock of affordable units. 4. Work to update the housing element. 5. Support the conslruction of the 24-unit affordable housing on the comer of Vista Drive and Stevens Creek Boulevard. In addition, they would be looking at endorsing the Tfi-County Apa~h~ent Association's "Moving in for Less program" which would assist Cupertino teachers. She said Council could assist them by giving the Committee input as to how many BMR units should be in new subdivisions; and by assisting them in educating the community regarding affordable housing in the city. · -- POSTPONE~F-,NTS -- None. WRITTEN COMMUNICATIONS - Letter from Creston Homeowners Association regarding It~rn lO(b). ORAL COMMUNICATIONS Mr. Greg Swanson said he was the chahman of thc committee of the Creston Homeowners Association that is working on the issue of annexation. He said that he was also speaking for the owners of the property at 22170 Berkeley Court, Saifu and Cecilia Angto, who concur with the request that the Berkeley Court issue be pulled from the consent calendar. The Angtos and nearly ail other residents of Creston, a totai of 144 households, are deeply concerned with the present course of annexation. They believe they should have a voice in the matter which city should annex Creston. In are, cent survey of 123 households, 98 percent of the 126 who expressed a preference stated that Creston should annex to Los Altos. While this would require a review of the sphere of influence determination, they believe that the 20-year old decision should be reviewed. Mr. Swanson aiso discussed the following points: 1. County officials clearly stated that residents would be consulted and informed of the advantages of annexation. 2. It is council policy to facilitate annexation by neighborhoods, not piecemeal. The county planning office is currently reviewing their position on development standards in urban pockets. The county staff recommends Rcrther clarification on design review and other issues before further annexation actions are taken throughout the county. B. The residents of Creston have Los Altos addresses 4_ and are in the 94024 postal area. Many purchased their properties in the belief that it was a part of the Los Altos community and no clear disclosures were made in recent years on the meaning of sphere of influence. Mr. Swanson asked that the Cupertino city council meet and work with our association and county officiais to first find a sensible solution to the Angto's request for a building peLmJt without immediate 9nnexation and then to detcn~inc which is the appropriate city of annexation of the Creston neighborhood as a whole. Mr. Pong Ng, 1513 Fairway Drive, Los Altos, project architect and in-law of the applicant. About 8 months ago they submitted their plans to the county, but they were not notified of the annexation issue until very late in the year. The homeowners had decided not to fix the earthquake damage to the home, thinking they would tear it down, and now they're stuck in this situation. Steven Cox, 1538 Chase Drive, Los Altos, said the concern was that this is happening without the homeowners knowing about it, so they would like to start a dialog with the city and thc county to voice their concerns and identify options. CONSENT CALENDAR Burnett moved to approve thc Consent Calendar as presented with the exception of Item 10(b). Sames seconded and the motion 4. Minutes: January 3 regular meeting; January 5, January 6, and January 14 regular adjourned meetings; and January 18 regular meeting. February 7, 2000 Cupergno City Counci! Page -- 5. Accounts payable: January 14, January 21, and January 28, Resolutions 00-040, 00-041, and 00-058. 6. Payroll: Janv~Ee 21, Resolution 00-042. 7. Treasurer's Budget Report, Dec=~-aber 1999. 8. Adoption oft_he Annual Investment Policy. 9. Comprehensive Annual Financial Report 98/99. 10. Setting dates for consideration of reorganization of areas designated: (a) "Festival Drive 99-13," property located on the east side of Festival Drive between Kenmore Court and Orogrande Place; approximately 6.85 acres, Wang (APNs 362-17-002, 362-17-067, and Highway 85 right of way), Resolution 00- O43 (c) "Byme Avenue 99-10," property located on the west side of Byme Avenue between San Femando Avenue and Alcazar Avenue; approximately 0.234 acre, Holt (APN 357-12-029), Resolution 00-045 11. Approving the destruction of certain records, Resolution 00-046. 12. Recommendation from Planning Commission for Environmental Review Committee representative (Chuck Corr) and alternate (Jerry Stevens)~ 13. Quitclaim deeds: (a) Chi-Yen Lin and Meng-Yin Lee Lin, 21925 Almaden Ave., APN 357-15-022, Resolution 00-047 Co) Thinh H. Nguyen & Ruby T. Nguyen, 10325 Orange Ave., APN 357-15-060, Resolution 00-048 14. Improvement agreements: (a) Chi-Yen Lin and Meng-Yin Lee Lin, 21925 Almaden Ave., APN 357-15-022, Resolution 00-049 Co) Julie Heilin Weng & Jen-Ho Wong, 19075 Tilson Ave., APN 375-08-055, Resolution 00-050 (c) Daisy Loh, 10391 Sterling Blvd., APN 375-26-059, Resolution 00-051 (d) Thinh H. Nguyen & Ruby T. Nguyen, 10325 Orange Ave., APN 357-15-060, Resolution 00-052 15. Grant of easeinent, wadways: (a) Chi-Yen Lin and Meng-Yin Lee Lin, 21925 Almaden Ave., APN 357-15-022, Resolution 00-053 Co) Thinh H. Nguyen & Ruby T. Nguyen, 10325 Orange Ave., APN 357-15-060, Resolution 00-054 --' 16. Declaring intention to order vacation of roadway easement, l~nlnbow Drive, Resolution 00-055. 17. Declaring intention to conduct public hearings concerning nuisances - unsafe and uninhabitable residences: (a) 20091 La Reda Court, APN 369-34-0030, Resolution 00-0~ (b) 10645 Cordova Road, APN 342-22-099, Resolution 00-057 Vote Couneilmembers Ayes: Burnett, Chang, James, Lowenthal, and Statton Noes: None Absent: None Abstain: . None. ORAL COMMUNICATIONS (continued) Mr. Leslie Burnell, Holly Oak Drive, said that he believes the library needs more space. However, there's been no information about the plans or cost of using the old library building. He felt it would be appropriate to identify two or three options, price them out, and make the information available to the public. Mr. Bumell noted the Cupertino school district is twice the size of the city, and a great percentage of the full time users of the Cupertino library are in the Cupertino school system but not in the city of Cupertino, which means that they are not going to be responsible for the costs of a new library. That information should also be shared in a very straightforward manner. He also said that he did not think the Mayor should have advocated his position in favor of the library at the time he made his State of the City speech. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. Setting dates for consideration of reorganization of areas designated: (b) "Berkeley Court 99-11," property located on Berkeley Court between Creston Drive and the Cupertino city limits; approximately 0.a.~.~. acre, Angto (APN 326- 12-033), Resolution 00-044 Community Development Director Steve Piasecki described the property, noting that it had been prezoned to R1-10 zone in 1980. The applicant and pwperty owner is seeking a building permit, and it's been the policy of the county that suburban development will occur within the cities and not within the county, so the applicant is seeking annexation to the city of Cupertino to enable him to receive city services and obtain those p=mfits. He explained that prior to the time this property was prczoned in 1980, the Local Agency Formation Commission (LAFCO) worked with the cities to establish the sphere of influence and urban service area boundaries of communities. It was determined that the Creston neighborhood was in the Cupertino Sphere of Influence because one must go through it to serve an existing portion of Cupertino, and it is otherwise predominantly surrounded by Cupertino. February 7, 2000 Cupet no C ty Coun¢i! Page City Attorney Kilian said a city cannot annex an area that is outside its sphere of influence or its urban service area, so Los Altos could not at this point conduct any kind of annexation because the area is in the Cupertino urban service. When it comes to actual annexation, the city is the conducting authority, but it must go through a process in which there are protest hearings, etc. However, the city no control over what the city of Los Altos wishes to do. He noted that about 15 years ago the city of Los Altos had citywide election on whether to include Creston in its city limits. LAFCO would have to make any sphere of influence changes. In this case there is a property owner who needs city services, and it is the policy of the city that it doesn't serve properties outside the city limits. If building pv,~,its are needed, they must annex to the city, so it's kind of an exception to the overall piecemeal policy, and LAFCO doesn't get involved in individual annexations. Burnett said that apparently the big issue is the post office mailing address. Cupertino certainly provides services as well as Los Altos and it's very much more efficient for Cupertino to serve this area. The local school and nearby park are Cupertino facilities. He asked if it would be possible for this neighborhood to keep their Los Altos maiFmg address Kilian said it might be worthwhile to approach the postmaster and ask how such things are determined. The city would have no interest in changing addresses, only providing - services on a more efficient basis. Piasecki said the postal service decides addresses based on logical service areas and he didn't believe the address would change as the result of this annexation. Viskovich said the city would continue to use the Los Altos address until the whole area got changed. Chang said that even if the whole area comes under the jurisdiction of Cupertino they could still conceivably keep their Los Altos address. Kilian said that really the only choices are whether the property is annexed to Cupertino or stays in the county Burner suggested that since the proposed action tonight is to merely set a hearing date, he suggested a date be selected at this time. The neighbors can discuss what was said today, and consider other reasons why they might not want to become a part of Cupertino, and then return with their input when the hearing is held. Mr. Swanson said that in the matter of postal addresses, they had been in touch with Congresswoman Eshoo's office and the postal department. He added that in 1981 LAFCO did on the sphere of influence issue, but it also ruled in 1980 by a 5-0 vote that the Creston area would be in the Los Altos sphere of influence. There were some very unusual events that occurred in late 1980 before and after the election, and they contend that circumstances have changed by way of service provision, and it deserves a fresh look. We've talked to representatives of Los Altos and they have not at all rejected the idea of annexing Creston. Burnett moved to adopt Resolution 00-044. James seconded and the motion passed 5-0. 2000 Cut, err'mo City Council Page 6 PUBLIC HEARINGS - None. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS - None. ORDINANCES 18. Second reading and ~nactment of Ordinance No. 1843: "An Ordinance of the City Council of the City of Cupertino Authorizing and Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System." The City Clerk read the title of the ordinance. Burnett moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Burner moved and Chang seconded to enact Ordinance No. 1843. Motion carried 5-0. STAFF REPORTS COUNCIL REPORTS Legislative Review Committee - Bumett moved to support AB 1303, AB 1612, and Propositions 12, 13, 14, 15, and 26, all on the March 7 ballot; and directed sending a letter to the governor and committee regarding SCA. James seconded and the motion carried 5-0. Lowenthal said he attended a meeting of the County Parks and Recreation commission where he spoke as an advocate for the Union Pacific railroad trail. He asked the county to endorse a task force, including the five cities that would be affected by the Wail, and to provide some funding. It was a well attended meeting, and about 15 members of the audience were residents of Cupertino. James said that the Economic Development Committee had a meeting with developers and brokers about revitalizing some of the older strip malls and smaller centers. It was both informative and problematic. If nothing else, it pointed out the complexity of the issue. The next step will be to invite some of the owners of those centers to continue the discussion in small groups. She thanked Apple Computer for the technology briefing and reception that they did for council and staff. James said that she and Carol Atwood participated in Portal software's all- employee annual meeting this week at the DeAnza College, and she gave a talk on behalf of the city welcoming them into their new corporate offices and asking them to become involved in the community. She attended a county conference on creating a hate-free community along with other representatives of the city and Chamber members. There were about 500 people at the luncheon alone, talking about how to address the different cultures, interests and the level of stress and growth in the community. February 7, 2000 Cupertino City Council Page 7 Chang said that he enjoyed the state of the city address, and he congratulated the mayor on giving the community a good sense of the direction that the city will be taking this year. He was also looking forward to the senior center groundbreaking ceremony this Thursday. Burnett said that he had attended a water district flood control workshop with Lowenthal. They have made a lot of progress on the program for a parcel tax for flood control and environmental programs in the County. They do not yet know if they will have the necessary two-thirds vote, so it may not make the election in November. He also attended the ABAG Board of Directors meeting. The principal subject was the housing allocations, as well as a presentation on the related issue of returning funding to the cities from the state. The committee came up with a number of recommendations, none of which seemed to fit very well with what the cities wanted. There was a long discussion on appealing the city's quota. In order to appeal their quota, a city has to get another city in the same county to agree to take it. The numbers came from the Legislature and ABAG negotiated with them to reduce the numbers. Cupertino's numbers were adjusted down after staff contacted ABAG and found out that they had calculated the Rancho annexation improperly. Burner also attended the Bay Area League of Women Voters meeting with his wife and said there was discussion about legislation that would return property taxes and more to cities and cities that provided housing. Lowenthal said in the budgeting for the Santa Clara Valley water district, there's also money for recreational use of stream site areas, so the Parks and Recreation Director may want to pursue that. CLOSED SESSION ADJOURNMENT At 7:42 p.m., the meeting was adjourned to Tuesday, February 22, 5:30 p.m., for interviews and appointments to the Public Safety and Library Commissions. The regular meeting will follow· City Clerk