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CC 12-06-93 CC-870 MINUTES Regular Meeting City Hall Council Chamber December 6, 1993 PLEDGE OF ALLEGIANCE Mayor Koppel led the Pledge of Allegiance, and called the meeting to order at 6:45 p.m. in the City Council Chambers, 10300 Torre Avenue. ROLL CALL Council members present: John Bautista, Don Burnett, Lauralee Sorensen, and Mayor Barbara Koppel. Council members absent: Wally Dean. Staff Present: City Manager Don Brown City Clerk Kim Smith 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 regarding the Kickoff of the Truancy Court program, to be held one night each month. Presiding judge will be Superior Court Judge Lawrence Terry. Judge Terry thanked the Council for their cooperation in the Youth Outreach Program, and for the use of the Council Chambers for the Truancy Court which was a team effort involving the district, the City, the Sheriff's Office, and the Probation Department. He introduced Terry Mullen, the Cupertino Youth Outreach Probation Officer assigned to the project. He also introduced his bailiff, Chuck McCoy, who is volunteering his time in Truancy Court with the Judge. He said they have known for years that there is a correlation between truancy, behavioral problems in school, and delinquency, and this program was a real opportunity to contribute to the community through prevention. December 6, 1993 Cupertino City Council Page 2 Sheriff Gillingham introduced Police Captain Bob Wilson and said they both supported this program 100% as a part of the preventive community policing program. He also introduced Mrs. Pam Mullen, a probation officer. The Sheriff said that this was an award-winning program which served as another step to keep children in school and their parents involved, and it would also help to prevent burglaries and other problems. The City Manager also acknowledged Mr. Jim Paul from the Cupertino School District, who is closely supporting this program. B. Presentation by Judy Monaco from North Valley Private Industry Council (NOVA), thanking City Council for their participation in the six City Consortium and for their continued support of NOVA. Ms. Judy Monaco, chair of NOVA, gave a brief overview of NOVA's 10-year history. It was formed 10 years ago by the Cities of Cupertino, Santa Clara, Mountain View, Palo Alto, Los Altos, and Sunnyvale, to address a re-employment training need, and it is composed of 19 volunteers. Ms. Monaco introduced John Love and Mike Hurren, and she thanked the Council for their support to the program which had provided training and job placement for almost 50,000 participants, as well as aid to thousands of employers. She presented a plaque to Mayor Koppel called "NOVA's Transition to the Future" award. CLOSED SESSION At 6:50 p.m., the City Council adjourned to closed session to discuss pending litigation pursuant to Government Code Section 54956.9 (a), regarding the City of Cupertino, et al. v. City of San Jose, re: landfill tax. At 7:12 p.m. the Council reconvened, and the City Attorney announced that it was discussed whether the City of Cupertino should join other cities in appealing the decision of the Superior Court in San Mateo County regarding the City of San Jose versus Cupertino. Counc. Sorensen moved to proceed with the appeal along with the other cities regarding the Regional Welfare cause of action. Counc. Burnett seconded, and the motion carried unanimously with Counc. Dean absent. ORAL COMMUNICATIONS There were no oral communications. CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Bautista and passed unanimously, with Counc. Dean absent, to approve the consent calendar as submitted. 1. Monthly Treasurer's Report and Budget Update, October, 1993. December 6, 1993 Cupertino City Council Page 3 2. Monthly Activity Report, October, 1993. 3. Resolution No. 8988: "A Resolution of the City Council of the City of Cupertino Setting Date for Consideration of Annexation of Area Designated as 'Olive Avenue 93-02', a 0.15 Acre Parcel Located on the North Side of Olive Avenue Between Orange and Pasadena Avenues (APN 357-18-028)." 4. Resolution No. 8989: "A Resolution of the City Council of the City of Cupertino in Support of the Zero Tolerance Program to Eliminate the Presence of Weapons on School Campuses Through Prevention and Intervention." 5. Review of application for Alcoholic Beverage Control license for Pollo's, 10525 South DeAnza Boulevard, #100. 6. Resolution No. 8990: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement Between the City of Cupertino and Henry Lozano, Providing for the Undergrounding of Utilities on a Deferred Basis at Tula Lane (APN 459-13-069)." 7. Resolution No. 8991: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 5 for Cupertino Nine School Site Improvements, Project 93-9106." 8. Resolution No. 8992: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Street Maintenance, Slurry Seal, Project 93-104." 9. Acceptance of city projects performed under contract: Street Maintenance, Slurry Seal, Project 93-104 Eaton School Site Project, part of Project 93-9106 (Dedication ceremony to be held in spring) 10. Resolution No. 8993: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Renewal of Lease Agreement With Santa Clara Valley Audubon Society for Office at McClellan Ranch Park." 11. Resolution No. 8994: "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 29, 1993." 12. Resolution No. 8995: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the December 6, 1993 Cupertino City Council Page 4 Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending November 12, 1993." 13. Resolution No. 8996: "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 November 19, 1993." 14. Resolution No. 8997: "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 November 23, 1993." 15. Resolution No. 8998: "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 November 5, 1993." 16. Resolution No. 8999: "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 November 19, 1993." 17. Approval of minutes of the City Council meetings of November 1, 1993 and November 23, 1993. 18. Results of Compliance Audit for Gas Tax Fund. 19. Approval of grant recommendations from the Fine Arts Commission. Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen NOES: None ABSENT: Dean ABSTAIN: None December 6, 1993 Cupertino City Council Page 5 PUBLIC HEARINGS 20. Hearing to consider objections to proposed removal of weeds and to order abandonment. (a) Resolution No. 9001: "A Resolution of the City Council of the City of Cupertino Ordering Abatement of Public Nuisance Pursuant to Provisions of Ordinance No. 724 and Resolution No. 8985." The City Manager reviewed the report. Mayor Koppel opened the public hearing. No communications or protests were received and the public hearing was closed. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously, with Counc. Dean absent, to adopt Resolution No. 9001. 21. Application 80,011, a public hearing to consider minor amendments to Title 19, Zoning, of the Cupertino Municipal Code to clarify and correct changes that occurred during codification. (a) First reading of Ordinance No. 1637: "An Ordinance of the City Council of the City of Cupertino Amending Title 19, Zoning, of the Cupertino Municipal Code." The Community Development Director reviewed the staff report. He explained that most of the items were "housekeeping" items to correct errors which occurred when the ordinance was codified. The only new information was that a project of over 8 residential units would go to City Council, and this ordinance now included the conditions regarding the rotating homeless shelter. The City Clerk read the ordinance title. Mayor Koppel opened the public hearing and there were no oral communications. The public hearing was closed, and it was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Counc. Dean absent that Ordinance No. 1637 be read by title only and the City Clerk's reading would constitute the first reading thereof. 22. Application 2-Z-93, KC Associates (San Francisco Federal Savings & Loan) - Rezoning of a 1.6 acre parcel from ML-rc (light industrial) zone to B (Quasi- public building) zone for use by the Home of Christ Church. The property is located at 10340 Bubb Road. Environmental Determination: The Planning Commission recommends the granting of a Negative Declaration. Recommended for approval. The City Clerk had received additional letters of support and opposition to this rezoning request. (a) First reading of Ordinance No. 1638: "An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 By Rezoning Approximately 1.6 Acres From a Light Industrial Zone to a December 6, 1993 Cupertino City Council Page 6 Quasi Public Building Zone, Located at 10340 Bubb Road (KC Associates/Home of Christ Church - Application 2-Z-93)." The Community Development Director showed a transparency which was color coded to indicate the property in question as well as the light industrial uses, Cogswell College, and adjoining single- and multi-family residential areas. He noted there was also a use permit which would automatically expire if this item were not adopted and that a children's day-care use was a part of this application. He discussed the purpose of a quasi-residential zone, and said that a major issue had just come to light regarding hazardous materials in use at this industrial park. Staff had checked with the Central Fire District, which managed the hazardous materials program for the City, and they determined that at the present time there were no chemicals on-site in quantities sufficient to present any risk to the church or child-care program. However, the church might limit the adjoining industrial businesses' use of their property by limiting their ability to expand their use of chemicals needed to expand their operations. He noted that this was an issue because the General Plan discussed the possibility of a feasibility study of this area and whether it would eventually transition into a residential area, but that the study was not yet scheduled as a staff project. He said that Council received in their packet some correspondence which indicated there may need to be a 1000-foot buffer zone between certain chemicals and an operation such as child care. County officials had been contacted for clarification, but an answer had not yet been received. This issue had not been discussed at the time the item was heard by the Planning Commission. The Community Development Director suggested that more time be allowed for staff to follow up with the County, Central Fire District, and the Hazardous Materials division. Mayor Koppel said that one council member was absent and one would be abstaining because he had voted on the item while a member of the Planning Commission. She indicated that the item would probably be continued, and asked that only key people speak on the item at this time. Mayor Koppel opened the public hearing. Mr. Kevin Chiang stated that he was the architect for this project and a member of the church. He expressed concern that a feasibility study would greatly delay their project, that the property in question had been vacant and in foreclosure for three years, and they had spent a great deal of time researching whether this building would accommodate a church use of this size. He showed a transparency which reflected the residential areas from which their members came and discussed the importance of having the church within the community. He also discussed the number of students and residents already living in the area of the proposed rezoning, and said that a church was a better use than another industrial development or increased chemical use. He asked how increased use of chemicals might affect the existing population of Cogswell College and local residents, and showed another transparency which had circled areas reflecting the different zones. December 6, 1993 Cupertino City Council Page 7 He showed transparencies of churches from other communities which were successfully located in industrial zones. Mr. Michael Mulligan, representing San Francisco Federal Savings and Loan, the property owner, expressed support for the church use. He reviewed the history of the property and their inability to sell or lease the site. He said that they had contracted with the Home of Christ Church three months ago, and the church's representatives had been diligently working to bring the church to that location. He discussed the its compatibility with the surrounding uses such as Cogswell College and the residential development, and that the church was were willing to make the necessary improvements. Mr. Bob Pressley, 11850 Upland Way, representing Silicon Video Corporation, explained that his business was a manufacturing start-up with proprietary technology invented in Cupertino to make a lower-cost, higher-quality display for televisions. He said their projections show that they will hire 21 more employees next year, and they do use materials which are considered hazardous, one of which is antifreeze. Those materials are all properly disposed of off-site, but current law makes it illegal to have those materials on-site if they are within 1000 feet of a nursery school or other use with young children. He reviewed the other major companies with which they were working, and said that he had selected this site because of its designation as light industrial. He discussed the reasons why it was an excellent site for light industrial and had little impact on residential areas, and why the site was too small for a mixed-use zone. Mr. Pressley said that in order to raise money needed to proceed with his expansion, he needed a guarantee that he would be able to operate in that facility without contingent new laws impacting him because a different use had moved in next door. He said any other tenant in the light industrial area would have the same problem in raising funds, and he distributed copies of the transparencies he had shown reflecting his comments. Mr. John Sobrato, 10600 N. De Anza Boulevard, said that Council had previously received a letter from himself and other business owners in opposition to this rezoning. He indicated there were other places more suitable for a church which were not in the middle of an industrial park, such as the Monta Vista Hardware site. He said there was no economic justification today for an owner to demolish the buildings in the Bubb Road area in order to build residential units, and it would be more logical to experiment with mixed use zoning on the periphery of the area instead of the middle of the light industrial zone. Mr. Sobrato said that he had a letter of November 30 from the Santa Clara County Environmental Resources Agency, Dept. of Environmental Health Services, which confirms that it is not necessary to do a lengthy and expensive study on the merits of this proposal. He read the letter from the Supervising Hazardous Materials Specialist, which addressed the issue of a day care center in an industrial zone, and said that it could significantly impact both existing and new facilities trying to comply with the Risk Management and Prevention Program (RMPP) requirements. In the RMPP plan, December 6, 1993 Cupertino City Council Page 8 businesses will be required to identify sensitive populations and take measures to protect these individuals, which will require the expenditure of additional resources to address the health and safety of this population. Businesses that are currently in compliance with the RMPP requirements would have to update their plan to identify the new sensitive population and take measures to protect it. Also, the additional of a sensitive population could influence future land use. The RMPP plan cannot prevent a day care from locating in an industrial area, and cities have addressed the issue by not rezoning areas to allow day care or other sensitive populations to be established. Mr. Sobrato said that the applicant should not have to go through the needless exercise and months of review to come to an obvious conclusion that these uses should not be mixed in the middle of the industrial park. He expressed particular concern about Section 6.95 of the Health and Safety Code, which could require some extraordinary measures. Mr. Tsung-Ning Ho, 1565 Provincetown Drive, San Jose, said that he was an elder in the Home of Christ Church. He referred to Mr. Pressley's earlier comments about a 1000-foot buffer between hazardous materials and young children. He showed a chart with a 1000-square foot circle centered over the Silicon Valley Corporation building, and the circle included residential areas and Lincoln Elementary School Mr. Ho said it should be the City's responsibility to relocate the industrial uses in order to protect the children. He added that the Church was not adamant about having day care provided during the week, and he believed they were willing to negotiate that point. Mr. Ho stated that it is unlikely that Mr. Pressley would be able to find another tenant or buyer for the site, and the Monta Vista Hardware site was in escrow. He asked that the Council not continue this item, and that they approve the item as recommended by the Planning Commission. Mr. Chester Wang, a member of the Home of Christ Church, acknowledged that if the church occupied this property it would not generate any property tax, but it may help to stabilize society and prevent delinquency. He noted that many people from other communities would come for the services and stay to shop in the area. He said that a church in any part of the city results in a savings in costs associated with police, prisons, etc. Mr. Ching Fa Hwangsaid that he was a resident and businessman in Cupertino, and a member of the church. His company was Ecosystems and they employed about 60 employees. He said that Cupertino was not only an incubator for startup companies but it also a resource for high tech engineers, of which many are Chinese. Roughly 25% of the population are Chinese-Americans, and consideration must be given to maintaining a good quality of life for all citizens. He said they had been unable to locate a facility large enough to accommodate their needs, and it was important to establish one within the community. He noted that Cogswell College was located very near the area, and that adult students lives were as important as children's lives. December 6, 1993 Cupertino City Council Page 9 Mayor Koppel closed the public hearing. She indicated that she had contacted two Planning Commissioners regarding this item and they indicated that if they had all the information regarding the potential impact of the church use upon the use of chemicals at the site, they might have considered voting differently. She expressed concern about creating a decline in the industrial community as a result of spot- zoning. Counc. Sorensen expressed concern about the precedent of spot-zoning, particularly beginning in the middle of the zone. Also, more information was needed regarding the RMPP and the question of toxic materials. Counc. Burnett indicated that he was angry and saddened that after so much time and effort by the applicants that this late-breaking information should bring the process to a halt, but that it was important to know the potential impact on the surrounding industries, and the case against locating the church there had been strengthened by the information brought up at this meeting. Discussion was held whether the item should be referred back to the Planning Commission or continued to another Council meeting. Mayor Koppel stated that Council must consider carefully whether they were doing the church a favor by pursuing this matter further, to the detriment of existing businesses. The City Manager noted that all the prior information received from agencies that represent the City suggested that there was no problem, and he apologized for bringing the late information to Council. Mr. Gordon Liu, a resident of Cupertino, asked if toxic waste was such a concern why was the issue not brought up earlier in regard to Silicon Video Corporation and the school in the area. The Community Development Director said that the present companies and chemicals presently stored out there are no risk to anyone, but the issue is that this is a light industrial zone and the businesses want the opportunity to have chemicals in this zone that might be a problem in the future, and staff does not yet have an answer to that. The City Attorney stated that although Mr. Liu's comments were framed as a question, they were really arguments and if Council wished to hear them the public hearing would have to be reopened. It was moved by Counc. Sorensen to continue this item to January 3 to allow staff to acquire the information about restrictions on toxic materials. Mayor Koppel asked if the issue of spot-zoning should also be included the motion. The City Attorney said that many people had submitted speaker's cards but had not been given a chance to discuss the zoning issues, and he suggested that the entire item be continued so that they would be given an opportunity to speak on the zoning issue. Counc. Sorensen amended her motion to continue the entire item to January 3. Counc. Burnett seconded, and the motion carried with Counc. Bautista abstaining and Counc. Dean absent. Counc. Bautista abstained because he had voted on this item while he was a member of the Planning Commission. PLANNING APPLICATIONS December 6, 1993 Cupertino City Council Page 10 23. Appeal of Planning Commission action regarding signage for Application 9-U-93, Pacific College of Acupressure Massage located at 19997 Stevens Creek Boulevard. Peter Z. Hou, appellant. The Community Development Director reviewed the report. Mr. Peter Hou explained that original information received from the Planning Department about the appeal period was in error, and he had less time to request an appeal than he had expected. In order to meet the deadline, he quickly hand-wrote out the appeal request which did not fully cover all the issues which he wished to appeal, so he followed up with a typed letter dated December 6 which set forth all of his concerns, specifically Condition No. 4, Approved Uses, in which he requests longer operating hours, and Condition No. 6, Signage, in which he objected to the requirement to design a sign program for the entire center where he operates, even though there has been another new tenant who did not have to meet that condition. He also requested permission to have two signs to reflect the two businesses occupying that location (the therapy business and the school, which have two different doors inside, and are composed of different staff) and wished to use blue and white as a sign color instead of black, green, and red, since that was the color his business had used when it was located in Mountain View. He noted that an inspection of the shopping center would indicate that many different sign colors have been used. He asked that, in light of the staff error which shortened the time which he thought he had to prepare the appeal, that the City Council consider all of these items. Mr. Hou stated that it was his understanding that it should be the property owner who was responsible for a sign program, and not the tenant. The Community Development Director suggested that the City Council grant the request to eliminate Condition No. 6, regarding sign color, and start fresh with Mr. Hou as a sign applicant, not a use permit applicant. Staff could then work with him and the shopping center owner to organize a sign program. He concurred that there may have been another tenant in the center that has gone in without a sign change. The point would be to establish a sign program so that there is some consistency, and it may have been inappropriate to make it a condition of approval on his business. Mr. Hou asked who would pay for this process. The Community Development Director said that typically the shopping center owner was responsible, and that a meeting would be set up with Mr. Hou and the center owner at first. Mr. Hou asked what issues would be discussed in the meeting. The City Manager clarified that the issues for discussion were sign color and who was responsible for the sign program for the entire center. He added that the issue of two fictitious businesses in one space warranting two signs would not qualify for discussion, and was not a subject for debate. The Community Development Director said that Mr. Hou could file for an exception to allow two signs for his businesses. Mayor Koppel said that a letter had been received from the neighbors requesting that the sign be amended so instead of saying "massage" it would say "the school of acupressure December 6, 1993 Cupertino City Council Page 11 and massage." Mr. Hou said that he had heard that request through the landlord, and that he had agreed to make that change. The Community Development Director recommended that Condition No. 6 be repealed, and that Mr. Hou would then have to file for a sign permit, and he would meet with Mr. Hou and the shopping center director. Mr. Hou asked again for an opportunity to appeal the limitations on business hours. The City Manager explained that since this item was not on the agenda the Council could not legally discuss the item. The City Attorney said Mr. Hou had the right to request a change to the hours of operation by filing for a modification to the permit through the Planning Department, but it could not be handled at this meeting. Counc. Bautista said that he wished to speak on this item in open session as a citizen, because he would be abstaining from voting on it since he had voted on it as a member of the Planning Commission. Mr. Bautista said deleting Condition 6 would remove the only reference to limiting the business to one sign. The Community Development Director noted that the City's municipal code contains the wording which limits the business to one sign, although Mr. Hou always has the option of filing for an exception. It was moved by Counc. Sorensen and seconded by Counc. Burnett to delete Condition No. 6 of Planning Commission Resolution No. 4476. The motion carried with Counc. Bautista abstaining and Counc. Dean absent. 24. Application 1-ASA-93 - Tevis Ignacio - Request for review and approval of site and development plans for a single family residence located at 11209 Stauffer Lane. Recommended for approval. The Community Development Director reviewed the report, and said that it was not necessary for the Council to follow the very rigid standards set forth by the Residential Hill Side (RHS) zone, since this application was filed before that was adopted, and Council may choose to follow the General Plan Guidelines instead. He said that the applicant had agreed to conform to the RHS requirements regarding color scheme, but desired 2,500 square feet of flat area instead of the 1,000 square feet maximum allowed by the RHS. The applicant, Mr. Tevis Ignacio, stated that he agreed with the Planning Department's recommendation. He made a minor correction to the graph that was shown and said that he was requesting a 4,500 square foot flat yard area, and that 1000 square feet of flat yard ratio was too small around any house considering all walkways. He noted that the back yard would not be visible by neighbors, and the front yard would consist of about 1,500 feet of lawn. He said that it would be painted a darker color than originally planned, at the request of the Planning Commission. December 6, 1993 Cupertino City Council Page 12 It was moved by Counc. Sorensen and seconded by Counc. Burnett to approve the findings and conditions recommended by Planning Commission Resolution No. 4478. The motion carried with Counc. Bautista abstaining, and Counc. Dean absent. Counc. Bautista abstained because he had voted on this item while he was a member of the Planning Commission. NEW BUSINESS 25. Report from Steve Sparks, Residents Against Noisy Trucks (RANT) regarding Kaiser Cement Corporation truck traffic. Mr. Sparks reviewed his report and gave an overview of the negotiations that had taken place between RANT and Kaiser. He said that the noise and speed problem still continues since there are 160 cement trucks passing nightly 9 p.m. and 7 a.m. along the truck corridor and hundreds of trucks passing during the day. He said that in January RANT proposed two solutions; (1) that Kaiser do night shipping from an off-site facility away from residential property; and (2) that there be installed a permanent, continuously operating radar system and use it to enforce a day-time truck speed. Mr. Sparks said they agreed to do the radar system and it would soon be operating. He said that RANT was disappointed that Kaiser will not end their night trucking, and noted that Kaiser had performed a detailed engineering study regarding the acquisition and/or construction of a new terminal and never mentioned that they were regularly shipping cement from their terminal at the port of Redwood City. Mr. Sparks said that a September report had been given to Kaiser, but no response had yet been received. He said that RANT was asking for a systematic measurement of truck noise as a function of truck speed to determine a more appropriate speed but that Kaiser refused. He said that Supervisor McKenna has asked County Counsel to determine what the County's power is to regulate the operation of a plant, and he asked the City Council to direct the City Attorney to investigate the authority of the City to regulate night trucking and ask the County to open Kaiser's use permit. The City Manager said that this item had been agendized at Mr. Spark's request in the hope that the response from County Counsel would have been received in time, but that was not the case. He said it was important that the City Council have that information before they make a decision on this matter. Discussion followed regarding whether there was a need to take baseline measurements before the radar system was implemented. Mr. Sparks said that sound measurements had been taken earlier, but RANT wanted the measurements as a function of truck speed and Kaiser wanted the measurements taken inside the house. Counc. Sorensen moved to continue this item to January 18. Mr. Sparks asked that City Council direct the City Attorney to research the City's authority in this matter. The City Attorney explained that he did not want to December 6, 1993 Cupertino City Council Page 13 duplicate the scope of work, and that if Mr. Sparks could provide him with the name of the Deputy County Counsel who would be writing the opinion, he would contact that person. The City Attorney said that he had distributed to an earlier Council a packet of materials and research done up to 1978, and would have copies of that information circulated to the present Council. He recommended that Council wait until they had the information from the County instead of directing him to proceed on a policy matter without specific Council direction. Counc. Burnett seconded the motion to continue this item. The motion carried with Counc. Dean absent. The public hearing had been closed, but Mr. Earl Bouse, representing Kaiser Cement Corporation, asked that the record reflect his comment that the Redwood City facility mentioned by Mr. Sparks is an export facility only and does not deliver materials to domestic customers. 26. First reading of Ordinance No. 1639: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.36, Parks and Recreation Commission, of the Cupertino Municipal Code," to change the membership from seven members to five. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and passed unanimously with Counc. Dean absent that Ordinance No. 1639 be read by title only and the City Clerk's reading would constitute the first reading thereof. The City Clerk read the ordinance title. 27. First reading of Ordinance No. 1640: "An Ordinance of the City of Cupertino Amending Chapter 10.44 of the Cupertino Municipal Code Relating to Parades," to change the definition of "athletic event" and "parade." It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Counc. Dean absent that Ordinance No. 1640 be read by title only and the City Clerk's reading would constitute the first reading thereof. The City Clerk read the ordinance title. 28. Acceptance of Annual Financial Report. The Administrative Services Director reviewed the report. The City Council concurred to accept the Financial report as presented. 29. Recommendation regarding Planning Commission vacancy and selection of dates for application deadlines and interviews. The City Clerk reviewed the report and stated that notice of the unscheduled vacancy would be posted in the library and at City Hall, as well as being included in the January Cupertino Sceneand included in a press release. Council concurred December 6, 1993 Cupertino City Council Page 14 to establish Friday, January 21, 1994, as the deadline for applications, and to schedule appointments for interviews with Council on Wednesday, February 2, 1994, at 7:00 p.m. in Conference Room A. (At the end of the meeting, Council reconsidered this item and changed the interview date from February 2 to February 1). 30. Award of bid -- Contractual Janitorial Service, Project 94-101. The Public Works Director reviewed the staff report. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimously with Counc. Dean absent to award the janitorial contract to Central Maintenance Company in the amount of $128,717.88. 31. Consideration of grant request from Santa Clara County Children's Shelter. Ms. Nancy Wiener, the Project Director for the new children's shelter, said that funds provided by Council would be pooled with a group of other Community Development Block Grant (CDBG) funds from other cities to help build the shelter. She said that there were over 2 million reports of suspected child abuse nation-wide, and 25,000 cases reported in Santa Clara County. The shelter provides safety, protection, care and services until more permanent plans can be made for children at a time when they are vulnerable and at serious risk in their own families or community. The facility was open 24-hours all year round, and that 1.2% of the 2500 children served came from families in Cupertino. The existing facility was outdated and undersized, and there were not sufficient public funds available, so a very successful public-private partnership was formed. The new shelter would consist of six home-like cottages to serve children on a temporary basis. There would be a school, recreation center, dining facility, and central child services all designed to a child's scale. December 6, 1993 Cupertino City Council Page 15 It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Counc. Dean absent to allocate $10,000 in Community Development Block Grant (CDBG) funds to the new Children's Shelter Fund, Inc., for use in the development and construction of a children's shelter. 32. Consideration of sale of city-owned townhomes. The Community Development Director reviewed the report. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Counc. Dean absent to authorize staff to proceed with selling the unit by issuing a Request for Proposals to Cupertino-based realtors with the assistance of the San Jose Real Estate Board. 33. Authorization for execution of lease agreement with Friends of Stevens Creek Trail. a) Resolution No. 9000: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Lease Agreement With Friends of Stevens Creek Trail." The Parks and Recreation Director reviewed the report. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Counc. Dean absent to adopt Resolution No. 9000 to authorize the execution of a lease agreement with the Friends of Stevens Creek Trail for the use of office space at McClellan Ranch Park, and also to waive the $250 deposit fee. 34. Authorization of composition for McClellan Ranch Task Force. The Parks and Recreation Director reviewed the report. Mayor Koppel asked that the Committee be sensitive to the potential negative impact upon the Simm's property in that location. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimously with Counc. Dean absent to endorse the composition of the McClellan Ranch Task Force as recommended by the Parks and Recreation Commission, which includes: Parks and Recreation Staff (2) ? Parks and Recreation Commission (1) ? Representative from the School Districts (1) ? Representative from the Audubon Society (1) ? Representative from the Rolling Hills 4-H Club (1) ? Representative from the Community Gardeners (1) ? December 6, 1993 Cupertino City Council Page 16 35. Authorization of composition for Stevens Creek Trail Committee. The Parks and Recreation Director reviewed the report. Mr. Mark McKenna, representing the Kaiser Cement Corporation, noted that some of the proposed trail extensions were on Kaiser property, and asked that Kaiser also be represented on the Committee. The Council concurred to endorse the composition of the Stevens Creek Trail Route Committee as recommended by the Parks and Recreation Commission, and to include representation from Kaiser, as follows: Parks and Recreation Staff (2) ? Parks and Recreation Commission (1) ? Planning Staff (1) ? Traffic Division (1) ? Representative from Stevens Creek Trail (1) ? Representative from Trail Center (1) ? Representative from Phar Lap area (1) ? Representative of the Management of Deep Cliff Golf Course (1) ? Representative from Kaiser Cement Corporation (1) ? WRITTEN COMMUNICATIONS 37. Consideration of a letter of support for a petition for hearing by California Supreme Court, Local Transportation Authority v. Guardino (Jarvis Association) - Measure A funds. Mr. Shelley Williams, 1195 Brook Ridge Drive, said that he was representing the Route 85 Task Force, No on A Committee, and is President of the Santa Clara Taxpayers Association. Mr. Williams read what the majority opinion of the appellate court said regarding Measure A, which was that a special tax imposed by a special district will be valid only if approved by a 2/3 vote. The court concluded the Transportation Authority was a special district and the sales tax was a special tax, and was therefore invalid because it was approved by less than a 2/3 vote. He said that the No on A Committee had attempted to get the backers of Measure A to include other operations but were not successful so they sued the district in Superior Court and the Local Traffic Authority sued itself in appellate court in order to borrow money against revenue bonds. He said a large coalition of organizations continues to fight that issue. Hedisplayed enlarged charts of census data showing vehicle trips, transit trips, and foot traffic, as well as a chart showing the planned use of Measure A funds and discussed transit surveys. Mr. Williams asked that the Council not support the issue at this time and let the courts decide whether to take up the issue. Mayor Koppel said that the request was to write a letter requesting that the Supreme Court hear the appeal, and to expedite the hearing, which would affect not only Santa Clara County but many other counties in the state. December 6, 1993 Cupertino City Council Page 17 It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimously with Counc. Dean absent to authorize the Mayor to send a letter of support for a petition for hearing on this matter. 38. Consideration of request from County of Santa Clara Board of Supervisors to adopt a city ordinance prohibiting the establishment of cardrooms in the County. The City Manager reviewed the letter and recommended that the City take no position at this time, so that their options remain open. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Counc. Dean absent to adopt staff's recommendation. 39. Request from County of Santa Clara Board of Supervisors for Council input regarding a plan for management audits for Santa Clara County Library District to be conducted by Harvey Rose Accountancy Corporation for fiscal year 1993-94. The City Manager reviewed the letter and recommended that the Council wait until a decision has been made about the possible restructuring of the library district before taking a position regarding the management audits of the current district. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously to adopt staff's recommendation. 40. Consideration of a request from Santa Clara County Cities Association to adopt a resolution supporting NASA Ames Research Center as the location for planned new NASA wind tunnels. (a) Resolution No. 9002: "A Resolution of the City Council of the City of Cupertino Supporting NASA Ames Research Center as the Location for Planned New NASA Wind Tunnels." Mayor Koppel reviewed the letter. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimously with Counc. Dean absent to adopt Resolution No. 9002. December 6, 1993 Cupertino City Council Page 18 STAFF REPORTS The City Clerk noted that a vacancy also existed on the Cupertino Bicycle/Pedestrian Advisory Committee since Councilman Burnett had resigned. The Council concurred to follow the same schedule for application deadlines and interviews as was selected in item No. 29, for the Planning Commission. Counc. Burnett asked that the next agenda include a recommendation to consider increasing the number of members on that committee from three to five. COUNCIL REPORTS 36. Review and appointment of Council members to various boards and commissions. Mayor Koppel reviewed the list of committees and the following assignments were made: Mayor Koppel Congestion Management Agency Cupertino Audit Committee Intergovernmental Council, Chair; Homeless Committee Legislative Review Committee Route 85 Task Force Santa Clara County Cities Association, Second Vice President, Executive Committee Santa Clara County Local Transportation Authority Santa Clara County Local Traffic Authority Policy Advisory Board Santa Clara County Transportation Commission Sister City Committee-Pereslavl-Zalessky Stevens Creek Boulevard Corridor Joint Policy Board Sunnyvale-Cupertino Corridor Joint Policy Board West Valley Mayors and Managers Counc. Bautista Association of Bay Area Governments Counc. Burnett Association of Bay Area Governments Alternate Policy Advisory Board for Traffic Authority Sunnyvale-Cupertino Corridor Joint Policy Board Counc. Dean December 6, 1993 Cupertino City Council Page 19 Emergency Preparedness Commission Environmental Review Committee Legislative Review Committee North Central and Northwest Flood Control Zone Advisory Committee Santa Clara County Water Commission Counc. Sorensen County Committee on Housing and Community Block Grant Program Cupertino Audit Committee Cupertino Education Committee Liaison Joint Venture Silicon Valley Public Sector Round Table Santa Clara County Alcohol and Drug Board Santa Clara County Cities Association Alternate Sister City Committee - Toyokawa There were no appointments made at this time to the following committees: Bay Area Air Quality Management District Board Transportation 2010 Task Force Cupertino Affordable Housing Committee CLOSED SESSION At 10:17 p.m., the City Council adjourned to a closed session to discuss pending litigation pursuant to Government Code Section 54956.9 (a), regarding the Roman Catholic Bishop of San Jose v. City of Cupertino (Superior Court Case Number 732683). At 10:55 p.m. the Council reconvened in open session. The City Attorney announced there was a discussion in closed session regarding the Diocese litigation and various aspects of that, and the only decision Council wanted to consider tonight was to set a meeting for a study session regarding the General Plan. Counc. Sorensen moved that the City Council hold a study session on Wednesday, January 5 at 5:00 p.m., and directed the City Attorney to attend. Counc. Burnett seconded, and the motion carried unanimously with Counc. Dean absent. December 6, 1993 Cupertino City Council Page 20 RECONSIDERATION OF ITEM NO. 29 Because of a conflict in schedules, the City Council concurred to change the date of the Planning Commission and Cupertino Bicycle/Pedestrian Advisory Committee to Tuesday, February 1, at 7:00 p.m. ADJOURNMENT At 10:57 p.m. the City Council concurred to adjourn to December 13, 1993, 6:45 p.m., in the Council Chamber, for a joint meeting with Planning Commission regarding the design charette. ______________________ Kim Marie Smith City Clerk