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CC 04-06-93 CITY OF CUPERTINO, STATE OF CALIFORNIA CC-856 10300 TORRE AVENUE, CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD APRIL 6, 1993, COUNCIL CHAMBER, CITY HALL, 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA PLEDGE OF ALLEGIANCE The meeting was called to order at 6:45 p.m. by Mayor Szabo. ROLL CALL Counc. Present: Dean, Goldman, Koppel, Sorensen, Mayor Szabo Staff Present: City Manager Brown City Clerk Cornelius Director of Public Works Viskovich Director of Community Development Cowan Assistant to the City Manager Brown Director of Finance Snyder Director of Parks and Recreation Dowling Public Information Officer Krey City Attorney Kilian CEREMONIAL MATTERS - PRESENTATIONS Proclamation declaring April as California Earthquake Preparedness Month. Mayor Szabo presented the proclamation to Chris Capener. POSTPONEMENTS - None. ORAL COMMUNICATIONS Darryl Stow, 20197 Las Ondas Way, distributed copies of a new Chamber pamphlet entitled Why Shop Cupertino? A copy of the pamphlet is being mailed to Cupertino residents. Additional copies are available in the Chamber of Commerce office. Floyd Meyer addressed Council regarding an article in the Cupertino Neighbor which mentions housing supplied by Hewlett Packard, Tandem, and Apple per Mayor Szabo. Mr. Meyer said he had heard that HP had canceled their plans and if so, why didn't the MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) Mayor mention that in the article. Mr. Meyer said he felt it was grand that the Council had shifted the meeting a day for religious reasons. However, they aren't doing some of the things they have to do. He cited that a deputy had been arrested for burglary. He also stated that there is stealing from the evidence lockers. Deputies have high stress, twelve hour shifts. They are committing perjury on the witness stand, etc. He continued to state that the Council claims that it is not their job to deal with such issues; however, it's everyone's job. Council hires the Sheriff's Department to do the job. He stated that he had heard the Sheriff is going to "take care of Floyd Meyer". Gordon Frolich, 1202 Belknap Court, said as a new member of ASAC, he has been involved in rewriting of the sign ordinance. He is trying to make it easy to read and he requested that the Council please be patient. CONSENT CALENDAR Item No. 12 had been removed from the agenda. It was moved by Counc. Sorensen, seconded by Counc. Koppel and passed unanimously to approve Items 1-11 as submitted. 1. Resolution No. 8847: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 12, 1993." 2. Resolution No. 8848: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 19, 1993." 3. Resolution No. 8849: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 26, 1993." 4. Resolution No. 8850: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending March 7, 1993." 5. Resolution No. 8851: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending March 21, 1993." 6. Resolution No. 8852: "A Resolution of the City Council of the City of Cupertino Approving Destruction of Certain Records (City Clerk and City Manager)." 2 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) 7. Resolution No. 8853: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement with T. Scott Sayre for Sister City Gift." 8. Resolution No. 8854: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Cooperative Agreement Between the City of Cupertino and the County of Santa Clara for the County to Provide Appraisal and Right-of- Way Acquisition Services for the DeAnza Boulevard/Route 280 Bridge Widening Project." 9. Resolution No. 8855: "A Resolution of the City Council of the City of Cupertino Approving the Final Map and Improvement Plans of Tract No. 8511, Located South Blaney Avenue, APN 369-04-002; Developer, Harold L. Gheno and Antonio M. Gheno; Accepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authorizing the Execution of Agreement in Connection Therewith." 10. Resolution No. 8856: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights From Roger Alan Stern and Dana Lee Stern, 10418 Palo Vista Road." 11. Resolution No. 8857: "A Resolution of the City Council of the City of Cupertino Declaring Its Intention to Order Vacation of an Emergency Vehicle Access Easement and Public Utility Easement Within the City of Cupertino Pursuant to Section 50430 Et Seq. of the Government Code of the State of California, Fixing time and Place for Hearing and Providing for Notice Thereof; South End of San Fernando Avenue." 12. Previously removed from the agenda. Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None. PUBLIC HEARINGS 13. Application 1-Z-93 - City of Cupertino - Rezoning of Parcels 359-18-046 and -047 from R3 (Multiple-family Residential) Zone to R1-10,000 (Single-family, Residential, 10,000 sq. ft. minimum lot size) zone; located on the north side of Kirwin Lane east of Felton Way. Environmental Determination: The Planning Commission recommends the granting of a Negative Declaration. Recommended for approval. 3 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) (a) First reading of Ordinance No. 1621: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code by Rezoning Parcels 359-18-046 and 359-18-047 from R3 Zone to R1-10,000 Zone; Located on the North Side of Kirwin Lane East of Felton Way (Application No. 1-Z-93 - City of Cupertino)." Director of Community Development Cowan said he sees this as a clean-up matter. There being no public input, Mayor Szabo brought discussion to Council. It was moved by Counc. Goldman, seconded by Counc. Sorensen and passed unanimously to approve the granting of a Negative Declaration. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to approve the application per Planning Commission Resolution No. 4452. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to read Ordinance No. 1621 by title only and the City Clerk's reading to constitute the first reading thereof. PLANNING APPLICATIONS 14. None. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 15. None. UNFINISHED BUSINESS 16. None. NEW BUSINESS 17. Approval of public art project proposed by Apple, Inc.; to be located on the northeast corner of Mariani Avenue and Infinite Loop. Following presentation of the staff report by the City Clerk, Ed Stellingsma, Apple Computer Senior Project Manager, introduced Scott Kyler of Sussman/Prejza who reviewed previous projects completed by the firm. He then reviewed a rendering and site location of the proposed Apple art project. It will consist of eight icons constructed of fiberglass and aluminum. These seem to be the best, longest lasting materials. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to accept the proposal as submitted. The Fine Arts Commission and Apple were commended for their work. 4 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) 18. Consideration of a contribution from Fred Tierney for the purpose of additional lighting for two tennis courts at the Sports Center. Steve Dowling reviewed his report with Council and requested a decision regarding the basic concept of accepting donations that are presented with conditions. Floyd Meyer stated his opinion that it does not look like the City got too good a deal with purchase of the Sports Center in regard to money. Director of Finance Snyder pointed out that it is now being managed by someone other than City staff under a lease agreement. There being no other public input, the Mayor brought discussion to Council. Counc. Koppel felt that accepting a donation with conditions attached would be a bad precedent. She feels that it is wonderful for people to give to the community. She expressed concern that free memberships would be a gift of public funds. Rotary is giving two benches for the front of the Quinlan Community Center and is asking nothing in return. She restated her opinion that this might be considered a gift of public funds and therefore, she could not support the request. She hoped that Mr. Tierney will reconsider and make the donation with no strings. Mayor Szabo asked the City Attorney if this would be a gift of public funds. City Attorney said that if the benefit is substantially greater than the $6,000, there is that argument. He suggested that if the Council wished to approve this, then others be offered lifetime memberships and a fee for such a membership be established. Counc. Dean did not believe that could be done as there is only a two year contract with the vendor. Mr. Kilian informed Council that any lifetime membership would have to clearly state that it is only good as long as the center is in business. Counc. Sorensen expressed concern that approval of this would set a precedent. The City has a wish book for people who wish to donate items. She felt that the proposal before them is not right and could be used as a tax write-off. Counc. Dean said he did not think that Mr. Tierney was looking for that. With the City's current financial situation, he feels this is a vehicle to reach a goal. He felt that it would be possible to establish a lifetime membership dollar value. It is an opportunity to be creative. He recommended the City accept the proposal and address conditions later. Counc. Goldman expressed agreement with Counc. Sorensen. Mayor Szabo agreed with Counc. Dean, stating that he did not feel the proposal was unreasonable. 5 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) It was moved by Counc. Koppel and seconded by Counc. Sorensen to deny this request. Mayor Szabo offered an amended motion that the City thank Mr. Tierney for the offer and suggest he make a donation. Counc. Koppel and Counc. Sorensen accepted the amended motion which passed 4-1 with Counc. Dean dissenting. 19. Consideration of amending Cupertino Municipal Code Chapter 15.32 pertaining to water conservation. a) First reading of Ordinance No. 1622: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 15.32 of the Cupertino Municipal Code, By Eliminating Certain Restriction for the Conservation of Water." Director of Public Works Viskovich reviewed the changes that were proposed for the water conservation ordinance and stated that this ordinance is the same as those being adopted in other cities in Santa Clara Valley. During discussion, he was asked to get information regarding the cost of running City fountains. Mr. Viskovich emphasized that even though the drought is over, there is need to stress water conservation. California cannot afford to waste water. Counc. Dean questioned the need for the ordinance. Floyd Meyer said that the water emergency is over. What the City is saying is it's going to keep a grip on things. The laws are past their need if there ever was a need. The people come first; make it easier for them to live. Mr. Meyer stated he had a question he really wanted to ask on the last item. Mayor Szabo recommended that he ask staff at a later time. John Wasserman, 10119 S. Blaney Avenue, suggested that water regulators be used. He stated that in school to wash hands, a student pushes a button and the water runs five seconds. Counc. Goldman stated that it is cheaper for builders to use a single-pass cooling system. Therefore, without an ordinance regulating their use, it is possible they would be used in buildings. If drought conditions occur again, the building would then be unoccupiable. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed 4-1 with Counc. Dean dissenting to approve the staff recommendation. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed 4-1 with Counc. Dean dissenting to read Ordinance No. 1622 by title only and the City Clerk's reading to constitute the first reading thereof. The City Clerk read the ordinance. 6 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) 7 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) 20. Schedule for General Plan/EIR public hearing. By consensus, Council set May 20 as a joint City Council/Planning Commission meeting to discuss the General Plan and the Environmental Impact Report. Their first choice for location of the meeting would be the Quinlan Community Center, followed by the Senior Center. If neither location is available, the meeting will be held in the Council Chamber. Council will consider the General Plan and EIR on June 1 and if there is a brief agenda at their regular meeting of June 7. If necessary, there will be an additional meeting held June 14. The City Attorney stated that if a new or alternate option that has not been considered is added during those meetings, a new 45 day review period would start. 21. Report on bid opening and award of contract, Street Sweeping, Project 93-102. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to award the bid to Universal Sweeping for their low bid of $6,951.96. Floyd Meyer asked what the cost of street sweeping would be per hour. Director of Public Works Viskovich stated that the cost is per mile. He gave Mr. Meyer a copy of the staff report. WRITTEN COMMUNICATIONS 22. None. ORDINANCES 23. Second reading and enactment of Ordinance No. 1620: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.32, Swimming Pools, of the Cupertino Municipal Code." It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to read Ordinance No. 1620 by title only and the Mayor's reading to constitute the second reading thereof. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to enact Ordinance No. 1620. RESOLUTIONS 24. None. 8 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) STAFF REPORTS 25. Oral reports by staff members and submission of written reports - None. COUNCIL REPORTS 26. Mayor Szabo - The Mayor informed Council that he written a letter pertaining to the Los Altos Hills proposed development. The Board of Supervisors originally scheduled a hearing on that matter for April 6; however, it has been postponed to May. The West Valley Mayors and Managers Association also adopted a resolution opposing the development. Mayor Szabo stated that he had received a letter at his home from Phil Zeitman representing OAKS. Today, he had received what appears to be the same letter signed by others. Legislative Review Committee - Following discussion, Council unanimously opposed AB157 (Conroy), AB515 (Ferguson), AB746 (Ferguson) and AB1320 (Richter), various measures to abolish, preempt, or restrict rent control; SCA22 and SB1114 (Maddy), Governor's super mandate proposal for public safety; SB870 (Hayden), redevelopment project area adoption; SB243 (Lewis), subdivision maps and SB153(Morgan), regional growth management. Council supports AB487 (Freidman), outdoor advertising; AB401 (Margolin), recycling - adding wine and liquor bottles to bottle bill; SB49 (Torres), superfund - relief from municipal liability and ABAG's first resolution regarding the state budget. In regard to ABAG's second resolution, Counc. Goldman expressed the feeling that the current allocations are unfair to the City of Cupertino and he believes it would be a mistake to support current allocations. Counc. Dean agreed with that. Counc. Koppel pointed out that Cupertino does not want the state to take more. Counc. Goldman expressed the concern that support of the resolution could be interpreted as agreeing with the distribution. It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed 3-2 with Counc. Dean and Counc. Goldman dissenting that Council take no action, but request more information. Counc. Koppel requested that this be placed on a future agenda. 28. Counc. Goldman - Cupertino Education Committee Liaison - The committee has met with Kaiser. Kaiser is looking at providing programs meshing education with job opportunities. A joint meeting is being planned. He will place the date selection on a Council agenda at a future time. 9 MINUTES OF THE APRIL 6, 1993 REGULAR CITY COUNCIL MEETING (CC-856) 29. Counc. Koppel announced that the issue of tickets to Flint Center, including parking fees, has been placed on an agenda for the Foothill- DeAnza Community College Board. The meeting was adjourned at 8:35 p.m. __________________________ City Clerk 10