CC 11-01-93
CC-869
MINUTES
Cupertino City Council, Regular Meeting
November 1, 1993
PLEDGE OF ALLEGIANCE
Mayor Szabo led the Pledge of Allegiance and called the meeting to order at 6:47 p.m. in the City
Council Chambers, 10300 Torre Avenue.
ROLL CALL
Council members present: Wally Dean, Marshall Goldman, Barbara Koppel, Lauralee Sorensen,
and Mayor Nick Szabo. Council members absent: None.
Staff Present: City Manager Don Brown
City Clerk KimSmith
Public Works Director Bert Viskovich
Community Development Director Bob Cowan
Administrative Services Director Blaine Snyder
Parks and Recreation Director Steve Dowling
City Attorney Charles Kilian
Public Information Officer Donna Krey
CEREMONIAL MATTERS - PRESENTATIONS
A. Presentation of award to Mayor Szabo from the U. S. Environmental Protection Agency
for an outstanding municipal storm water control program by the Santa Clara Valley Non-
point Source Pollution Control Program. Ms. Lavenia Millar, Environmental Programs
Manager, presented the award to Mayor Szabo. The Public Works Director thanked Ms.
Millar for her efforts in making the program a success.
B. Proclamation for Youth Appreciation Week, November 7-13, 1993.
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Mayor Szabo presented proclamations to Yolanda Cavanaugh andDennis Whittaker
representing two local Optimists Clubs, in honor of achievements in supporting local
youth. Ms. Cavanaugh invited everyone to attend their next meeting at the Quinlan
Center on November 9, when their guest speaker would be the San Jose Chief of Police.
November 1, 1993 Minutes of theCupertino City Council Page 2
ORAL COMMUNICATIONS
Mr. Robert Hendrickson, 10535 Mira Vista Avenue, said that he served as a City commissioner,
but was speaking tonight on his own behalf as a concerned resident. He referred to a political
newspaper put out by two candidates with the input of the Mayor. He said that he was outraged,
and he read a copy of his letter of October 31 addressed to Mayor Szabo, which he had provided
to all Council members. The letter referred to "gutter politics" and said that the Mayor had
ignored the Council code not to endorse candidates.
Ms. Donna Austin, 22283 De Anza Circle North, appearing on her own behalf, distributed copies
of a letter from Mayor Szabo dated October 29, 1993, which stated his support of Council
candidates Don Burnett and John Bautista and his opposition to Council candidate Marshall
Goldman. Ms. Austin proposed that the Council agendize a code of ethics for City Council and
Commissions to follow in future elections. She said that titles should not be used to further a
political agenda, and the letter did so. She asked that there be clean campaigns in the future so
interested, qualified citizens won't be turned off by dirty politics.
Mr. Erve Conens, 10480 Pineville Avenue, complained about political signs throughout the City,
particularly at Tantau and Stevens Creek Boulevard where there were 42 signs. He asked that an
ordinance be considered to abolish the signs. The City Attorney said the U.S. Supreme Court has
been very strict on throwing out ordinances adopted by cities regarding political signs, and
Cupertino had chosen not to regulate them because of the difficulties that would be experienced in
court. He said that the current City law prohibits signs that create a dangerous condition, and
prohibits the candidates from maintaining the signs beyond a reasonable period of time beyond the
election.
Mr. Steve Sparks, representing Residents Against Noisy Trucks (RANT), distributed an Interim
Report to the City Council dated November 1, 1993, titled "Status of Meetings and Discussions
with Kaiser Cement Corporation." He said that a report from Kaiser triggered a lengthy report
from RANT, which the Council had all received, and the RANT members planned to meet with
Kaiser once again. He said that the Kaiser representatives always approached the discussions
with the attitude that they were willing to do anything to help out, but then stonewalled. He
discussed one example of a discussion with Kaiser about the details of an off-site facility, and
Kaiser never mentioned that they already had one in the port of Redwood City which was
currently functioning. Another example was a statement in Kaiser's report which indicated that
they had been trying unsuccessfully for years to get daytime rail service, when in fact they had
daytime rail service Sunday, Tuesday, and Thursday afternoons.
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Mr. Joe Hauser21461 Milford Drive, expressed his concern about the negative political
campaigning that had been taking place over the last week. He read a part of his letter to the
Mercury News, questioning the integrity of the last-minute campaign flyers. He said that the
information was misleading, inaccurate, and derogatory, and aimed mostly at the Goldman
campaign, which had never levied attacks against other candidates.
November 1, 1993 Minutes of theCupertino City Council Page 3
CONSENT CALENDAR
It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to
approve item Nos. 1-3 and 5-18 as presented.
1. Resolution No. 8971: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of 'Omnibus Mutual Aid Agreement' Among Water Agencies
Adopting and Signing the Agreement to Provide Mutual Assistance in Times of
Emergency."
2. Resolution No. 8972: "A Resolution of the City Council of the City of Cupertino
Accepting Quitclaim Deed and Authorization for Underground Water Rights from James
Kenji Murashige, APN 342-14-031; Lockwood Drive."
3. Resolution No. 8973: "A Resolution of the City Council of the City of Cupertino
Accepting Quitclaim Deed and Authorization for Underground Water Rights from Bret A.
Herscher and Penelope A. Herscher, 10259 Ainsworth Drive."
5. Resolution No. 8978: "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
October 1, 1993."
6. Resolution No. 8979: "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
October 8, 1993."
7. Resolution No. 8980: "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 October 8,
1993."
8. Resolution No. 8981: "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
October 15, 1993."
9. Resolution No. 8982: "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
October 22, 1993."
November 1, 1993 Minutes of theCupertino City Council Page 4
10. Resolution No. 8983: "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 October 22,
1993."
11. Monthly Treasurer's Report and Budget Update, September, 1993. (Receive.)
12. Monthly Activity Report, September, 1993. (Receive.)
13. Approval of minutes, City Council meetings held on September 29, October 4, and
October 11, 1993.
14. Review of applications for Alcoholic Beverage Control Licenses: (a) Pizza Depot,
10956-H Homestead Road. (b) Pot Sticker King, 19740 Stevens Creek Boulevard.
15. Changes in City Council meeting schedule through December 1993, to cancel the regularly
scheduled meetings of November 15 and December 20, 1993.
16. Resolution No. 8985: "A Resolution of the City Council of the City of Cupertino
Declaring Weeds Growing on Certain Described Property to be a Public Nuisance and
Setting Hearing for Objections to Proposed Removal."
17. Resolution No. 8986: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of Agreement with the County of Santa Clara for Historical
Project, Accepting Grant for McClellan Ranch Park Historic Structures Assessment."
18. Request for appropriation from the Environmental Impact Fund for the repair of the
fountain at Wolfe Road near Vallco Parkway.
Vote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM CONSENT CALENDAR
4. Resolution No. 8974: "A Resolution of the City Council of the City of Cupertino
Approving Contract Change Order No. 4 for Cupertino Nine School Site Improvements,
Project 93-9106."
November 1, 1993 Minutes of theCupertino City Council Page 5
Ms. Ann Anger, President of the Monta Vista Improvement Association, indicated that
her comments were made as an individual citizen. She asked how many school sites had
the City purchased and how many park areas were under joint use with the schools, as was
done in Sunnyvale. The Public Works Director said that there were nine school sites that
the City maintained and improved, and this item on the agenda was the beginning of a
three-year program to bring all those to a level sufficient for youth sports activities. The
Parks and Recreation Director said that four schools sites were purchased, beginning in
1978. Ms. Anger expressed her concern regarding Proposition 170, which she felt would
make it very easy to purchase additional school sites with only a majority vote.
It was moved by Counc. Goldman, seconded by Counc. Koppel, and carried unanimously
to adopt Resolution No. 8974 as presented.
PUBLIC HEARINGS
19. Public hearing to consider amendments to Chapter 9.06 of the Cupertino Municipal Code
concerning application procedures for massage establishments and services. (Staff
requests that this item be tabled pending additional information.).
The Community Development Director requested that this item be tabled, and that before
it was placed on the agenda again it would be subject to re-noticing as a public hearing.
Council concurred unanimously to table the item.
PLANNING APPLICATIONS
20. Application 2-U-91, Monta Vista Shopping Center (Commercial Bank-California,
property owner), located at 21881 Stevens Creek Boulevard. Request for one year
extension of use permit to demolish an existing retail center, develop 20 townhome units
and 15,000 sq. ft. mixed use office/commercial with 10 senior units. Recommended for
approval.
The Community Development Director reviewed the staff report. It was moved by Counc.
Sorensen, seconded by Counc. Koppel, and passed unanimously to approve a one-year
extension to November 1, 1994.
21. Application 39-U-85, New Life Church, located at 20900 McClellan Road. Request for
extension of time for temporary trailer. Recommended for denial.
The Community Development Director reviewed the staff report. Pastor Tim Isbell of the
New Life Church said that the trailer had been on location even before 1985, when the
church was granted a use permit to construct a classroom facility. He showed a series of
slides illustrating the church and trailer as seen from all sides. He agreed that it was a
temporary structure, and certainly was not as attractive as the stucco structure, but he
noted that the trailer could not be seen from the street or from neighboring property. He
explained that it was outfitted with a special stage for puppet shows, and was used for
children's ministry and child care. Rev. Isbell stated that he was new to Cupertino, and
November 1, 1993 Minutes of theCupertino City Council Page 6
had become pastor at the New Life Church in March of 1993. He stated that when he
worked in industry he had a history of building organizations and making things
successful, and he needed more time in this case. He said that the church had done very
well in the last few months and they would appreciate the six months recommended by
staff, but were hoping for a five-year extension to give them time to build the financial
strength and the strength in the congregation.
It was moved by Counc. Koppel, seconded by Counc. Goldman, and passed unanimously
to approve a maximum 3-year extension. Rev.Isbell agreed to send a status letter to the
City Council in one year to report on their efforts to raise funds for a permanent location.
22. Appeal of Planning Commission action approving Application No. 2-EXC-93, Cupertino
Gateway Partners, an exception to the Sign Ordinance for two building signs exceeding
the sign height limit. The project is located on the Apple Computer R&D Campus in the
southwest quadrant of I-280 and DeAnza Boulevard. Steve Prosser, 10699 Larry Way,
appellant.
The Community Development Director reviewed the staff report. Mr. Glen Barber,
representing Apple Computer, explained the location of the proposed logo sign and said
its purpose was to establish a building identity. He acknowledged that there were
residents on Larry Way who did not feel the sign was desirable from their point of view,
but he noted that the sign ordinance required that a commercial building sign be at least
100 feet from a residence, and the sign in question was 300 feet from the residences. Mr.
Barber stated that the sign would be lit according to the sign ordinance, and turned off at
night by a timer. He explained that they did not plan to glass-mount the logo in Building
3, as they were doing in Building 1, because the fourth floor in Building 3 was extremely
desirable conference room space. Counc. Sorensen said that she had visited the Prossers'
property and the sign could be clearly seen from their backyard, from the pool area,
although it may be screened when the trees grow larger. Mr. Barber explained that the
proposed location was the only concrete panel available for a sign to be angled at the
freeway.
Mr. Wesley Weigel, 10726 Larry Way, expressed his opposition to the sign proposed on
Building 3, which would face Larry Way. He said that residents of Larry Way had
sustained damages to their property during the construction of these buildings, and their
concerns continued to be ignored. Mr. Weigel said that the stem and leaf of the logo was
part of the registered trademark and could not be removed, and rather than making the
entire logo small enough they had asked for an exception to the ordinance which would
allow the larger sign. He suggested that the sign be placed in a different location so it
could be seen from the freeway but would not face Larry Way.
Mrs. Donna Prosser, 10699 Larry Way, commented that the new sign ordinance had gone
into effect recently and yet within two months the sign size could be changed. She stated
that the sign problem had a lot to do with the size of the building, which had also
displeased the residents. She said the sign looked directly into her back yard, and she
expressed concern about the lighting, noting that the building had lights on all night long.
November 1, 1993 Minutes of theCupertino City Council Page 7
Ms. Prosser said that their complaints about the buildings and garbage pickups had
notbeen answered, and they were extremely concerned that they had not been notified of
the sign exception request going before Planning Commission. She said the signs were
large, intrusive, and were difficult to see from the freeway because the overpass at Blaney
blocks the view. She said no one had come to her location to see the impact of the
building and sign upon her home. She suggested that the sign be relocated to another
floor or put on a different part of the building, or that it at least be held to the four-foot
maximum allowed by the sign ordinance.
Mr. Barber explained that the goal of placing the sign on the diagonal panel was to be seen
by people traveling north on the freeway, and that Mrs. Prosser's suggestion would result
in the sign being mounted perpendicular to the freeway and drivers would have to turn
their heads to see it. He stated that the proposed sign locations were more in concert with
the building design because they could be mounted on concrete panels with high visibility
from both directions on the freeway. He acknowledged that some individuals would be
adversely affected, and that the Prossers had legitimately voiced their concern. He stated
that there was not currently an Apple logo on any Apple building occupied within
Cupertino, although that included more than two million feet of space, and since this was
their own campus they were attempting to place the logos in a way that was both
aesthetically and visually the best location.
Mr. Gordon Frolich said that he had anticipated a request for Apple logos, in the same
way that Tandem Computers desired to sign their buildings. He had witnessed the
arguments about Tandem Computer sign location, size, brightness, etc., and when he sees
them today they are an asset to the community. Mr. Frolich stated they were simple, quiet,
and not overlit. He said that the Apple logo would mark the gateway to Cupertino and
would be an asset, and although the signs were oversize, they were not overbearing since
they were 300 feet away from residential property. He asked that the Council deny the
appeal.
Mr. Steve Prosser, 10699 Larry Way, asked that if the sign location would not be
changed, that it should at least be restricted to 4 feet as set forth in the ordinance. He read
a phrase from Section 17.24.180G of the sign regulations in the Cupertino Municipal
Code which said that "sign color and illumination shall not produce distractions to passing
motorists or nearby residents," and said that he found the sign extremely distracting. Mr.
Prosser pointed out a location on the third floor which he proposed as a compromise
location. He expressed concern about lack of notification of the Planning Commission
items.
Mr. Erve Conens, 10480 Pineville Avenue, complained about the lack of notification
regarding the Planning Commission's hearing on this item, as well as the need for
communication with neighborhood residents when new construction is planned.
The Community Development Director acknowledged that it was a staff error that the
residents of Larry Way were not notified of the exception request, and rather than go back
November 1, 1993 Minutes of theCupertino City Council Page 8
to the Planning Commission for another hearing, the City Attorney had felt it should be
brought to the City Council for a hearing as a part of the appeal process.
Counc. Sorensen said that if the sign location would not be changed, it should be held to
four feet. Counc. Koppel said that perhaps it should have gone back to Planning
Commission for further input, but that a 300 feet separation from the residential area was
a long distance. She did not feel that illumination of the sign would be a problem at that
distance, and she was supportive of the exception.
Ms. Prosser clarified the location of the sign as seen from 280 northbound.
Counc. Koppel said that she had seen the temporary signs and did not have a problem with
their location. She said that if the sign location was to be changed, the item should be
continued to allow further study. Mayor Szabo stated that if the Council could not make a
decision at this point, it should be referred back to the Planning Commission.
Counc. Dean said that it would be a point of pride for the community, and he did not think
it was obtrusive and would not be a long-term problem. It was moved by Counc. Dean
and seconded by Counc. Koppel to deny the appeal and uphold the Planning Commission's
action.
Counc. Goldman stated that he had not been made aware of the damage which had
occurred on Mr. Weigel's property and said he would like copies of anything which staff
had received in writing. He expressed support for the motion. The passed by a 3 to 2
vote, with Counc. Sorensen and Szabo voting no.
NEW BUSINESS
23. Approval of 1993-94 Human Services funding allocations as recommended by the Human
Services funding committee.
The Public Information Officer reviewed the staff report. It was moved by Counc. Koppel,
seconded by Counc. Goldman, and passed unanimously to approve 1993-94 Human
Services funding allocations to Cupertino Community Services, Cupertino Day Services,
Long-term Care Ombudsman, Mid-Peninsula Support Network, Outreach and Escort, and
Second Harvest Food Bank, as recommended by the committee.
November 1, 1993 Minutes of theCupertino City Council Page 9
24. Review and approval of Parks and Recreation Commission recommendation regarding
composition of the Commission.
The Parks and Recreation Director reviewed the staff report. It was moved by Counc.
Koppel, seconded by Counc. Dean, and passed unanimously to direct staff that the
ordinance regulating the size of the Parks and Recreation Commission be amended to a
five-member body.
25. Review and approval of Parks and Recreation Commission recommendations regarding
the Fremont Older Interim Use Committee.
The Parks and Recreation Director reviewed the staff report. It was moved by Counc.
Koppel, seconded by Counc. Goldman, and passed unanimously to endorse the
composition of the Fremont Older Interim Use Committee to be as follows: Parks and
Recreation staff (Dowling and McCarthy); Parks and Recreation Commissioners
(Lohmiller and Hendrickson); Director of Public Works (Viskovich); Director of
Community Development (Cowan); Youth Sports Groups (one representative each from
soccer, baseball, and basketball); and one representative each from the Day Care/Pre-
school program, the J-1, J-2, and K Neighborhood, the I-2 Neighborhood; the Baptist
Church, and Cupertino Unified School District.
26. Request for authorization to construct a new entrance to DeAnza College from Route
280, and to appropriate funds.
The Public Works Director reviewed the staff report. It was moved by Counc. Koppel and
seconded by Counc. Goldman to (1) appropriate $125,000 from the General Fund; (2)
Authorize the design and implementation of a direct access from De Anza College to
Route 85 as shown in the exhibit in the staff report; and (C) Authorize a loan to De Anza
College in the amount of $100,000, not to exceed three years, at an interest rate tied to
the Local Agency Investment Fund (LAIF) which is currently at 4.5%.
Mr. Gordon Frolich clarified that this would create an exit-only lane from DeAnza
College, with the ability to turn left on Stevens Creek Boulevard going west, or to go
straight across the boulevard to reach the ramp for 280. He asked why drivers would not
be able to turn right from the 85 off ramp. The Public Works Director explained that
there was not enough room to allow a two-way exit and entrance, and the entrance to the
east would be aligned with the parking structure entrance. Mr. Frolich expressed concern
about drivers making right hand turns going across the traffic exiting from the college.
The Public Works Director said that the signal would be programmed to stop the traffic
on the off ramp when cars exiting the college had the right of way, and vice versa. He
discussed the peak periods of traffic exiting the college. Mr. Frolich pointed out that it
was misleading to call this a direct access to Highway 85, but rather it was an exit from
DeAnza College onto Stevens Creek Boulevard.
The motion to approve the staff recommendation carried unanimously.
November 1, 1993 Minutes of theCupertino City Council Page 10
STAFF REPORTS
27. Status report from Cable TV Advisory Committee.
The Public Information Officer reviewed the staff report. She urged anyone who was
having problems with reception to contact the cable company directly. The City Council
concurred to receive the report for information.
COUNCIL REPORTS
Mayor Szabo stated that he and Counc. Koppel had attended the Santa Clara County Local
Transportation Agency's last prioritization of the rail projects, and all projects under $5 billion
would be started as soon as the Court approved new Measure A. He said that the original
priorities were approved, with a great deal of apprehension that the money would run out before
the projects were finished, and Cupertino's projects were the last two. He explained the
discrepancy between the budget for annual increases for maintenance and operations and the
actual rate of increase.
Counc. Koppel announced that visitors from France would be arriving on Thursday, and if
Council members were available, they would like to discuss partnerships between the City and the
business community. She also discussed a request from the Historical Society to consider holding
the Holiday Tree Lighting ceremony in conjunction with their program on the topic of gift-giving
customs around the world.
The Community Development Director explained the agenda and location for the upcoming
design charette for a "heart of the city" design. The City Manager noted that there was a video
"walking tour" available from the library and a charette guidebook available at the library and City
Hall, which allowed for individual comments to be recorded in the guidebook and then included in
the reference materials for the designers in the charette.
Counc. Sorensen distributed copies of "Cupertino/Fremont Healthy Start Community
Assessment", which documented the results of a the work done by a focus group and included
community input. Counc. Sorensen said the Emergency Preparedness Commission had addressed
fire safety, in view of the tragic fires that had recently occurred in Southern California, and the
county was training together to be prepared for any mutual aid efforts. Counc. Sorensen referred
to Community Development Block Grants (CDBG) and said that a subcommittee was created to
discover why the money was not being spent under CDBG and to aggressively move on cities if
the monies were not being used. She said that she volunteered Cupertino for the committee, to
begin in November, and there will be a tour arranged then of CDBG projects in the County. The
City Manager said that Council deserved credit for being one of the leaders in getting fire-safe
roofs adopted for the hillside area, and also been one of the leaders in requiring residential
sprinklers in those areas. He added that the central fire district was in a two-year program of
education and enforcement of brush clearance in the hillsides.
CLOSED SESSION
November 1, 1993 Minutes of theCupertino City Council Page 11
(a) Pending litigation (Government Code Section 54656.9(a) - Haze v. Barnes, Action
No. H009513; City of Cupertino, et al. v. City of San Jose, re: landfill tax.
The City Attorney announced that the Council would recess to a closed session to
consider two pending litigation matters; Cupertino et al. v. City of San Jose, and Haze v.
City of Cupertino.At 9:30 p.m., the City Council recessed to a closed session At 9:42,
Council reconvened. The City Attorney announced that Council had met in closed session
regarding two items of pending litigation. He indicated that in the City of Cupertino, et al.
v. City of San Jose, the City Council's representative was directed to meet with
representatives of the various plaintiffs and to come back with a report at a later date.
With respect to Haze v. Cupertino, the City Council directed the City Attorney to do what
was discussed in closed session. It was moved by Counc. Goldman, seconded by Counc.
Sorensen, and passed unanimously to direct staff to proceed as had been discussed.
ADJOURNMENT
At 9:43 p.m., the City Council concurred to adjourn to 6:45 p.m., Thursday, November 18, 1993,
in the City Council Chamber, to hold the swearing-in ceremony for elected Council members.
_____________________
Kim Marie Smith
City Clerk