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CC 01-04-93 CITY OF CUPERTINO, STATE OF CALIFORNIA CC-850 10300 TORRE AVENUE, CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR CITY COUNCIL MEETING, HELD ON JANUARY 4, 1993, COUNCIL CHAMBER, CITY HALL, 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA The meeting was called to order by Mayor Szabo at 6:45 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Counc. Present: Dean, Goldman, Sorensen, Mayor Szabo Counc. Absent: Koppel 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 Parks and Recreation Dowling Director of Finance Snyder Public Information Officer Krey Planner II Gil City Attorney Kilian CEREMONIAL MATTERS - PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS Gordon Frolich, 1202 Belknap Court, addressed Council regarding his files on Highway 85. He stated he would loan the documents to Bert Viskovich and requested that they be returned intact. Mr. Frolich stated that there would be a meeting of the Public Safety Commission on Thursday, January 14, regarding traffic issues. MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) Director of Public Works Viskovich and the City Traffic Engineer, Glenn Grigg, would be attending that meeting. He wanted the public to be aware of the meeting and encourage business people in Cupertino to attend. Anne Moore, 10364 Paradise Drive, addressed Council regarding Los Altos Garbage Company and senior citizen rates. She stated that the company does have a low income rate, but even low income families can't use it. To qualify, one is required to submit the previous year's tax form, which does not account for the current year. She stated that she is currently paying for four cans and uses only two cans each month. No exceptions are allowed for time away from home. In regard to the waste compactor, she stated she neither wants nor needs it, but has no choice regarding this. She pays others to take care of her yard and the waste is taken away. Ms. Moore questioned Assistant to the City Manager Brown's role in negotiations with LAGCO. She urged Council to look at what's happening. Mayor Szabo informed her that this matter will come up under staff reports at approximately 8:20 p.m. this evening. Ms. Moore stated she would remain until that item is discussed. Floyd Meyer objected that Council has repeatedly refused to put him on the agenda. Council now has Hewlett Packard mad at them.. He inquired about the Jazz Cafe and was informed that the owner has been told the City would drop charges if she signed a release form. Mayor Szabo stated that Council would not comment on pending litigation. Mr. Meyer stated he wanted information, and as Council's employer, he expected that information. CONSENT CALENDAR Item No. 21 was removed by Mayor Szabo. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously (4-0) to approve the balance of the Consent Calendar as submitted. 1. Resolution No. 8809: "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 December 4, 1992." 2 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) 2. Resolution No. 8810: "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 December 11, 1992." 3. Resolution No. 8811: "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 December 18, 1992." 4. Resolution No. 8812: "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 December 24, 1992." 5. Resolution No. 8813: "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 29, 1992." 6. Resolution No. 8814: "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 December 13, 1992." 7. Resolution No. 8815: "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 December 27, 1992." 8. Monthly Activity Report, November, 1992. 9. Resolution No. 8808: "A Resolution of the City Council of the City of Cupertino Adopting a Citizen Participation Plan for the 19th Year (1993- 94) Community Development Block Grant Funds." 10. Review of application for Alcoholic Beverage Control license - Gumba's, 10931 North Wolfe Road. 11. Request from Homestead High School Athletic Booster Club for waiver of use fee at the Quinlan Community Center for fundraiser. Recommended for approval. 3 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) 12. Request from Optimist Club of Cupertino for waiver of use fee at the Quinlan Community Center for an awards ceremony. Recommended for approval. 13. Monthly Treasurer's Report, November, 1992. 14. Resolution No. 8816: "A Resolution of the City Council of the City of Cupertino Approving the Amended Parcel Map of Property Owned by Cupertino Gateway Partners and Sobrato Development Bounded by Route 280, North DeAnza Boulevard Mariani Avenue; Authorizing the Signing of Amended Map." 15. Resolution No. 8817: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Easement Deed Conveying to the Santa Clara Valley Water District a Flood Control Easement at Calabazas Creek and Tantau Avenue Bridge Crossing." 16. Resolution No. 8818: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of 'Agreement Regarding Encroachment Permit' Between James L. Kashmitter and the City of Cupertino for the Encroachment Into City Property and Temporary Use--Blackberry Farm." 17. Minutes of the adjourned regular meeting of December 2, 1992 (CC- 848C). 18. Request for appropriation from the cable television fund for audit services. 19. Request for appropriation from the equipment fund for replacement of water tanker. 20. General Plan schedule and request for appropriation from the General Fund for consultant services to complete the Draft Environmental Impact Report. 21. Removed from the Consent Calendar. Vote Members of the City Council AYES: Dean, Goldman, Sorensen, Szabo NOES: None ABSENT: Koppel ABSTAIN: None 4 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) ITEMS REMOVED FROM THE CONSENT CALENDAR 21. Authorization for appropriation from the environmental impact fund for consultant services to study retail options for Vallco Fashion Park. City Manager Brown explained that this was an advance of funds which is not to exceed $20,000, which would be reimbursed by Westfield. The contract would not be signed until the reimbursement agreement was signed. It was moved by Mayor Szabo, seconded by Counc. Sorensen and passed unanimously by those present (4-0) to authorize the appropriation. PUBLIC HEARINGS 22. Public hearing to consider appeal for refund of $490 storm drain fee, Chris Bennett, appellant, 21905 Corte Madera Lane. Chris Bennett, 21905 Corte Madera Lane, summarized the points of his appeal letter and reviewed the background information Director of Public Works Viskovich gave a history of the fee and process/procedure. He stated this a legitimate assessment on development which exceeds 25%. This puts it in the category of new development. Mr. Bennett said the code gives exception if it is less than 25%. He is not concerned regarding storm drain fees previously paid. This area was developed prior to annexation to Cupertino. He sees no direct expense to the City. Mr. Viskovich said the City has no ability to collect fees because of annexation, only on development. Mr. Bennett did not understand the application of the resolution in this situation. City Attorney Kilian reviewed the theory behind the resolution. This is not a fee on inspections. A storm drain fee is allowed by the state to build storm drains. Mr. Bennett's house has been served by storm drains free of charge to this point. The resolution is a mechanism for collecting funds to build storm drains in the City. His storm drains were paid for by someone else. The resolution establishes the formula for that fee. It is a reasonable charge and is charged routinely. He has had the benefit of storm drains over the years. 5 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) Mayor Szabo opened the meeting for public input. Floyd Meyer asked if this resolution was passed before or after Proposition 13. He was informed it was before Proposition 13. Mr. Meyer asked if the 25% of value is based on the tax dollars or resale value. Mr. Viskovich stated that the building official looks at the structure and the percentage is based on the size of the house. Mr. Meyer asked why if there were no changes in the storm drain Mr. Bennett should have to pay. This was paid for years ago and should not be charged for twice. He stated that Hewlett Packard is leaving Cupertino and other businesses feel the same. He told Council to change their ways. In regard to not putting him on the agenda, Mr. Meyer stated that Council should just put the item on the agenda and have it out. Ann Anger reminded Council when Cupertino bought the Monta Vista Water Company they tried to do the same type of thing with people in that water district. The attitude seems to be that staff is always right and people are stupid. Ms. Anger stated that she went to the Public Utility Commission in the 1960s and brought back documents showing staff could not do what it wanted to do. There being no other public input, Mayor Szabo brought discussion to Council. Counc. Dean felt that Mr. Bennett's questions were well founded based on the way the ordinance is written. He inquired as to whether or not it should be rewritten. City Attorney Kilian said it would not be necessary as the ordinance had been interpreted for years and years in this manner. The question is, can a City legitimately charge someone who has benefited from use of public facilities for a number of years and use that money to construct other improvements in the same area that are related? Mr. Kilian stated he believes the City can do that. There has never been a legal challenge that he knows of and many cities have a resolution like this. It was moved by Counc. Goldman, seconded by Counc. Sorensen and passed unanimously by those present (4-0) to deny the appeal. 6 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) 23. Public hearing to consider adding Chapter 14.15, Xeriscape to the Cupertino Municipal Code, and to amend Title 14 to read "Streets, Sidewalks and Landscaping". (a) First reading of Ordinance No. 1615: "An Ordinance of the City Council of the City of Cupertino Amending Title 14 of the Cupertino Municipal Code to Read 'Streets, Sidewalks and Landscaping', Adding Chapter 14.15, Xeriscape Landscaping." (b) Resolution No. 8807: "A Resolution of the City Council of the City of Cupertino Adopting Guidelines for Plant Materials, Landscape Design Parameter and Maintenance of Soil Preparation, Water Features and Irrigation Design and Operation." Director of Community Development Cowan said the proposed ordinance and resolution are prompted by state requirements. He reviewed the ordinance and resolution with design guidelines. The ordinance covers initial installation and would be enforced on an ad hoc basis, not regular inspections. He stated there was one last change to the ordinance which would be the addition of Item No. 20 to Appendix A.. This would state that total water usage does not exceed maximum allowed (23 gallons per square foot). There being no one present who wished to speak on this matter, Mayor Szabo brought discussion to Council. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously by those present (4-0) to read Ordinance No. 1615 by title only and the City Clerk's reading to constitute the first reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously by those present (4-0) to adopt the resolution. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously by those present (4-0) to approve the granting of a Negative Declaration. 24. Consideration of priorities for the 19th Year (1993-94) Community Development Block Grant funds. Planner II Gil reviewed her report and recommendations. 7 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) Counc. Sorensen inquired about the doors at Quinlan Community Center and their accessibility for people in wheelchairs. She asked if these funds could be used for that type of project. Ms. Gil stated that would require review of income levels of the users of the center. If it is for handicap accessibility, there is a possibility it may be funded. She reviewed additional recommendations. There being no public input, Mayor Szabo brought discussion to Council. It was moved by Counc. Sorensen, seconded by Counc. Dean and passed unanimously by those present (4-0) to approve staff recommendation with the inclusion of American Disabilities Act compliance projects. PLANNING APPLICATIONS 25. Application No. 2-U-81 (modified) - Scott Design Associates - Modification of use permit to allow a second story addition, 22573 Woodridge Court. Environmental Determination: Categorically Exempt. Recommended for approval. Following staff review of report and Planning Commission recommendation, Mayor Szabo opened the meeting for public comment. Scott Cunningham, Saratoga Avenue, showed a transparency of the existing residence and proposed addition. He said the issue seems to be not the building of a second story, but the floor area ratio. Currently, the applicant is looking at .56- 1/2 FAR. Some homes in the neighborhood are in the .50+ range. Mr. Cunningham requested a modification of the FAR condition and said that, if necessary, he and the property owners would cut back a little. With the proposed addition to the kitchen, they could comply with a three foot encroachment instead of a six foot one, if necessary. There was no public input, therefore, Mayor Szabo brought discussion to Council. Counc. Dean liked the second story, but expressed concern regarding the FAR. He stated he would prefer a .45. It was moved by Counc. Goldman and seconded by Counc. Sorensen to approve the application per Planning Commission Resolution No. 4436. 8 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) It was moved by Counc. Dean and seconded by Counc. Goldman to amend the motion to approve per Planning Commission Resolution No. 4436 amended to a .45 FAR. The amendment was defeated with Counc. Sorensen and Mayor Szabo dissenting. The original motion passed with Counc. Dean dissenting. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 26. None. UNFINISHED BUSINESS 27. None. NEW BUSINESS 28. Selection of additional date for interviews of commission applicants and discussion regarding interview format. Following some discussion, it was suggested that Council conduct interviews for the Planning Commission on one day and select another day for the other interviews. The interviews for Planning Commission would be a two-step process, a five minute presentation from each applicant and then Council interviews, with no guidelines on the presentation, but some standard questions and follow-up questions as well. The item was then opened for public input. Nancy Cross, 301 Vine Street, Menlo Park, addressed Council regarding alternate methods of selection, such as written exams. She said she has found similar situations in other cities, a lot of applicants with high education levels. She stressed that it was important that Council get the best people. She suggested setting standards of capability and implementing qualifications tests. Then, it is not necessary to interview each applicant. She distributed a flyer to Council and suggested they contact her for further information. Mayor Szabo then brought the meeting back to Council. By consensus, Council set January 13, 6:30 p.m., Conference Room A, for presentations by Planning Commission applicants and interviews by the Council. 9 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) At that time they will also review a revision of Resolution No. 8790, which sets regulations for commissions, to allow some flexibility in the appointment process. Specifically, they directed that the resolution include a statement that these regulations apply unless otherwise decided on the City Council on a case by case basis. 29. Proposed Interim Study Zone for the Inspiration Heights area. (a) Reading and enactment of Ordinance No. 1614: "An Ordinance of the City Council of the City of Cupertino Relating to the Application of Interim Zoning Regulations in Residential, Agricultural and Quasi-Public Zoning Districts Located in Specific Hillside Areas, and Declaring the Urgency Thereof, and Taking Effect Immediately." It was moved by Counc. Goldman, seconded by Counc. Sorensen and passed unanimously by those present (4-0) to read Ordinance No. 1614 by title only and City Clerk's reading to constitute the reading thereof. It was moved by Counc. Goldman, seconded by Counc. Sorensen and passed unanimously by those present (4-0) to enact Ordinance No. 1614. 30. Consideration of amendment to Section 2.7.3 of Ordinance No. 1606, Massage Establishments and Services. (a) First reading of Ordinance No. 1616: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.7.3 of Ordinance No. 1606, Massage Establishments and Services." . It was moved by Counc. Goldman, seconded by Counc. Sorensen and passed unanimously by those present (4-0) to read Ordinance No. 1616 by title only and City Clerk's reading to constitute the first reading thereof. 31. Review and acceptance of Annual Financial Report. Director of Finance Snyder said that the Audit Committee had met with the auditors and reviewed the documents. He then reviewed the letter received from the auditor and the changes being made to the City process. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously by those present (4-0) to approve the report. 10 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) 32. Consideration of amendment to Cupertino Municipal Code regarding the procedure to fill City Council vacancies. (a) First reading of Ordinance No. 1617: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.04.040, City Council-Vacancy, of the Cupertino Municipal Code." It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously by those present (4-0) to read Ordinance No. 1617 by title only and the City Clerk's reading to constitute the first reading thereof. WRITTEN COMMUNICATIONS 33. None. ORDINANCES 34. None. RESOLUTIONS 35. None. STAFF REPORTS 36. Oral reports by staff members and submission of written reports. Director of Public Works Viskovich addressed Council regarding Los Altos Garbage Company and the waiver of fees during residents' absences. He mentioned that garbage fees are no longer a fee for service, but a fee for program. However, he has negotiated with Los Altos Garbage Company and if a resident is gone over 30 days he or she will not be charged for that program while absent from the city and receiving no service. In regard to the senior citizen rate, it really is a combination of age and the ability to pay for the programs. Assistant to the City Manager Brown stated, for the record, that she did not participate in negotiating this policy in any way. Council then discussed the rates charged in areas zoned Planned Development. A rate change to Multi-Family will be proposed. 11 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) Anne Moore asked why she had to pay for waste cans she had no use for and had to find storage room for. Mr. Viskovich stated that if she did not want the can, she did not have to take it; however, she would have to pay for the program. Ms. Moore said she only put out two cans of garbage a month and still has to pay for four. Mr. Viskovich suggested she ask her gardener how much he would reduce the bill if he didn't have clippings to dump. The gardener could leave the clippings at the curb. Ms. Moore stated she doesn't see her gardener and that others have the same problem. Mr. Viskovich stated that he would be happy to meet with Ms. Moore to discuss this issue. Gordon Frolich suggested that Council consider allowing two cans on one pickup between Christmas and New Year because of extra waste accumulating during the holidays. Mr. Viskovich replied that during the January, February, March period there will be a clean-up time. City Manager Brown noted that the date for the City Manager's evaluation and Council/City Manager goal setting meeting has been changed to Sunday, January 10, 9:00 a.m., at the Marianist Center. Counc. Sorensen inquired about activities at the building on Stevens Creek Boulevard formerly occupied by BIPO Microfilming. Mr. Cowan stated that the Planning Department is pursuing that apparent problem. 37. Referral from County of Santa Clara regarding 5 year renewal of existing use permit to operate stables on Stevens Creek Quarry property, off Montebello Road near Stevens Canyon Road. By consensus, Council directed staff to notify the County that they have no concerns. 12 MINUTES OF THE JANUARY 4, 1993, REGULAR CITY COUNCIL MEETING (CC-850) City Attorney Kilian announced that Council would now meet in closed session regarding pending litigation, Collishaw Construction, Inc. v. City of Cupertino, Superior Court Action No. 726563. At 9:20 p.m., Council adjourned to closed session. Council reconvened at 9:55 p.m. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously by those present (4-0) to direct the City Attorney to resolve the case as determined in closed session and that he communicate with Collishaw Construction's attorney for that purpose. At 10:00 p.m., Council adjourned to 8:00 a.m., January 8, at the Fremont Union High School District office. ____________________________ City Clerk 13