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CC 02-16-93 CITY OF CUPERTINO, STATE OF CALIFORNIA C-853 10300 TORRE AVENUE, CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR CITY COUNCIL MEETING, HELD FEBRUARY 16, 1993, COUNCIL CHAMBER, CITY HALL 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA The meeting was called to order at 6:45 p.m. by Mayor Szabo. PLEDGE OF ALLEGIANCE ROLL CALL Counc. Present: Dean, Goldman, Koppel, Sorensen, Mayor Szabo Staff Present: City Manager Brown City Clerk Cornelius Director of Public Works Viskovich Director of Community Development Cowan Assistant to the City Manager Brown Director of Parks and Recreation Dowling Public Information Officer Krey City Attorney Kilian CEREMONIAL MATTERS - PRESENTATIONS Recognition of the Cupertino Sports Center and Jim Trenner for selection by Northern California Tennis Association as the Club of the Year for 1992. POSTPONEMENTS - None. ORAL COMMUNICATIONS Betty Bidwell, 11257 Bubb Road, Cupertino, addressed Council regarding the cancellation of the Fourth of July fireworks. She stated that this is an American holiday and the only one not moved to a Monday. She already has $1,000 promised to her towards fireworks. She stated she knew this item was not on the agenda and Council could not make any decisions regarding it. All ages can participate in the Fourth of July. Counc. Goldman stated he agreed with Ms. Bidwell and if, at some time, this item is on an agenda, he would support it. MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) Ms. Bidwell said she had talked to the City's Public Information Officer about putting information in the newspapers and the Parks and Recreation Director is getting some cost figures together. Mr. Dowling stated that by the end of February, it would be necessary to line up a pyrotechnician if the event is to occur. Gordon Frolich, 1202 Belknap Court, spoke in support of Ms. Bidwell. He said he too will work on this. He brought it before the Chamber of Commerce Government Subcommittee last week. Counc. Koppel said that she had received calls from people who have offered to pay. CONSENT CALENDAR Counc. Goldman removed Item No. 4. It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to approve the balance of the Consent Calendar as submitted. 1. Resolution No. 8829: "A Resolution of the City Council of the City of Cupertino Supporting the Completion of Soundwall Installation Along Route 280 Within Cupertino Jurisdiction." 2. Resolution No. 8830: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Annual Overlay and Pavement Restoration Project 92-101." 3. Acceptance of City project performed under contract: Annual Overlay and Pavement Restoration, Project 92-101 (El Camino Paving, Inc.). (No documentation necessary.) 4. Removed from the Consent Calendar. 5. Resolution No. 8832: "A Resolution of the City Council of the City of Cupertino Approving Final Plan for the Improvement of Frontage Located at 21621 Stevens Creek Boulevard (Formerly 10022 Peninsula); Developer, Nelson Chao; Authorizing the City Engineer to Sign the Final Plan; and Authorizing Execution of Agreement in Connection Therewith." 6. Monthly Activity Report, January, 1993. 2 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) 7. Approval of minutes of the regular meeting of January 19, 1993 (CC-851). 8. Approval of minutes of the adjourned regular meeting of January 26, 1993 (CC- 851B). 9. Resolution No. 8833: "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 January 24, 1993. 10. Resolution No. 8834: "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 January 29, 1993. 11. Resolution No. 8835: "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 February 5, 1993. 12. Approval of appointment of Parks and Recreation Commissioner Bob Hopkins to Friends of Stevens Creek Advisory Council. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. Resolution No. 8831: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement Between Zanker Road Resource Management Ltd. and the City of Cupertino Providing for the Processing of Yard Waste Into Compost." Counc. Goldman stated he will support this item because if it is rejected, the City would be subjected to financial risk. It was moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to adopt Resolution No. 8831. PUBLIC HEARINGS 13. Appeal of ASAC denial of Application No. 51,908.2 (Amended) - Bill Moore & Associates, Inc., sign for Ross Dress for Less, Vallco Fashion Park. Following review of the report by the Director of Community Development, the Mayor opened the hearing. 3 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) Wendy Norgaard, Bill Moore and Associates, representing Ross, presented photos of the signs. She stated that Ross needs the signs for people to know where the store is. They would like to keep the sign. It is good identification for the store. She was aware that Ross needed landlord approval; however, there was confusion on the firm's part about staff approval. Gordon Frolich stated this was the first item before him as a member of ASAC and he was the dissenting vote. Mr. Frolich said he took the condition to not prohibit the sign. He felt that if there is a question, the applicant should be favored. He reviewed where the signs for Ross were located. He found the sign not redundant. It is at a different angle than the other signs. There being no other public input, the Mayor brought discussion to Council. It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to grant the appeal with the neon window sign shifted to the west side window of the bay on which the sign is currently located so that it faces the parking lot directly. Council also authorized that Condition No. 11 be changed to read, "Tenants with exterior entrances shall be allowed one or more exterior building mounted signs with formal approval of ASAC before installation. Tenants with 50,000 sq. ft. of area or more are exempt from this requirement and shall be allowed one or more building mounted signs with staff approval. Staff approval shall be based upon height, setback, and visibility of the sign." PLANNING APPLICATIONS 14. None. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 15. None. UNFINISHED BUSINESS 16. Presentation of update on City Net computer network (Counc. Dean). Counc. Dean presented Council with an update of City Net. He stated that each school will input its own information. In regard to City information, the Cupertino Scene, agendas, etc., are already typed. Mayor Szabo asked who would pay for modems and other necessary equipment. 4 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) Counc. Dean said he is working with the three major corporations in Cupertino and believes that cost will not be a problem. There will be a small cost to the City. That information will be presented as soon as it is available. Counc. Koppel said the idea is great, but she is concerned regarding the perception of conflict as Council will be getting proposals from the companies involved. Counc. Dean said he perceives no conflict. Including phone lines and an administrator, he is currently looking at a charge of $20 a year for a subscriber. The subscriber would also have to purchase a modem. Mayor Szabo stated that he suspected it will cost more than it first appears to. City Manager Brown encouraged Council not to concentrate on problems at this time. It is important that the network be input friendly as well as user friendly. Also, it would need some kind of governance. As obstacles arise, they could be identified and resolved. Counc. Sorensen and Goldman expressed agreement with the City Manager. Counc. Dean will come back with a more structured program at a later date. NEW BUSINESS 17. Consideration of Establishment of a Disadvantaged Business Enterprise program to qualify for federal aid funds. (a) Resolution No. 8824: "A Resolution of the City Council of the City of Cupertino Establishing a Disadvantaged Business Enterprise Program to Qualify for Federal-Aid Funds." Director of Public Works Viskovich reviewed his report. Gordon Frolich, Belknap Court, urged Council not to underestimate the bureaucracy that goes with this. There will be a cost to the City. Mr. Viskovich agreed that there would. However, the amount of a $2,000,000 grant probably will make it worthwhile. It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously to adopt the resolution. 5 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) 18. Consideration of ordinance to adjust Council salaries as permitted by State law. (a) First reading of Ordinance No. 1620: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.16 of the Cupertino Municipal Code, City Council - Salaries." Following discussion, it was moved by Counc. Koppel, seconded by Counc. Sorensen and passed 4-1 with Counc. Goldman dissenting, to defer consideration of this ordinance until such time Council is considering staff salaries (May or June). 19. Annual report on the status of the Cupertino General Plan pursuant to Government Code Section 65400(b). Council received the report. 20. Update on truck traffic, Kaiser Permanente. Mayor Szabo that the title listed on the agenda should refer to an appropriation. He said he had met with the neighborhood group. Mr. Viskovich stated that prior to speed limits being posted and enforced, there must be an engineering study. Speed limit signs cannot just be posted. Counc. Dean said that he did not know what speed would result in the trucks being the quietest. He urged that all parties involved keep the dialogue going. Mayor Szabo agreed that there are two distinct problems, speed and noise. He expressed the belief that there is a need to look at a long range plan. Council owes it to the people to look at solutions. The vehicle code establishes a noise standard. The City cannot do other than that. Some noise has been caused by the road being in bad condition. Michael Bishop of Kaiser, expressed concern regarding the contents of a packet of material being distributed. This packet is a summary of the meeting held between the neighborhood and Kaiser. He said he felt material presented was biased and inferred that Kaiser has not done enough to solve the problem. There has been no purposeful reduction in the traffic by Kaiser. Speeding mitigation has been initiated by Kaiser. It is entering into an agreement with a noise consultant for a study. Kaiser is also repairing the road. He stated he was upset that the Mayor was taking a position that only a reduction of night traffic is a solution. Kaiser is committing resources and funds to find out what can be done and to resolve the problem. He hopes to bring back a workable plan. In regard to the time line, Mr. Bishop expects the consultant to start within a couple of weeks. He has a meeting with the committee on March 1. He hopes to have an outline proposal and then will come back to the City. Kaiser is trying to get trucking companies involved as they are integral to this situation. 6 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) John Gibbs, of Supervisor McKenna's office, said that the County had never gotten to the point of determining whether or not the road to Kaiser would be put on the list of roads to be repaired. Mr. Gibbs did state he was going to look at the bump on the road that causes the trucks to bounce and make noise. It appears to be in the County jurisdiction. Kaiser has stated if it were going to be on a long list, they would like to take care of the problem. Sometimes County roads are maintained by assessments. Mr. Gibbs said he has not explored when or if the County could repair the road. It is not as bad as some other County roads and that was his concern. It could be low on the list. Steve Sparks stated he had just arrived at the meeting and at a later time he would like to see the video of what had transpired. The neighborhood wishes to cooperate and work this through. Following review of what had occurred, he stated that the meeting is scheduled for March 9, not March 1. He stated that he believed Kaiser is cooperative and sensitive to the problem, but is holding out little hope for the elimination of night traffic. Therefore, he would like the City to pursue its options. The neighborhood group is doing its own measurements. He urged Council to fund the Attorney's office to do research. John Tramontana, Stevens Creek Boulevard, representing the people along Foothill to DeAnza Oaks, said the sound walls do not help on Foothill. Night time traffic noise is his main concern. Mr. Sparks said during the week the measurements were done, the night traffic seemed low and quiet. Bob Irwin, Camino Vista, said that around 2:00-3:00 a.m., trucks ride the brakes to stop at the light. He urged that the City's ordinance for 60 dBAs be enforced. Mayor Szabo informed him that the city ordinance is preempted by the State vehicle code and does not apply to vehicles. Mr. Irwin said that courtesy by the truck drivers would help. He heard that trucks going into Bateh Brothers' parking lot was being cured. Mary Klaussen, DeAnza Oaks, said that Kaiser is cooperating with the homeowners group. They have voluntarily made concessions in the past. It is clear to the residents that for financial reasons, Kaiser will not curtail night business. Alan Strong, resident of Cupertino and employee of Kaiser, said he was speaking as a resident. He enjoys living in Cupertino. The same is true for some other employees at Kaiser. As a supervisor, he encourages employees to reduce their speed and to be courteous. Actions are taken against abusive truck drivers. He expressed concern regarding spending money in these times. The City is not funding Fourth of July fireworks. He is concerned regarding spending to research an issue that is probably fruitless. He urged Council to give the committee a chance to work out the problem. 7 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) Kindel Blau, Standing Oak Court, said Kaiser is over the hill from her. She stated spending may be politically good, but financially it is not. Kaiser has been responsive in the past. Give them the opportunity to work this out. John Tramontana said the Council is talking about $500-1,000. Others have tried to work out the problem in the past and it was not resolved. He urged Council to authorize the research. There being no other public input, the Mayor brought discussion to Council. It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed 4-1 with Mayor Szabo dissenting, to let the committee try to find a solution with Kaiser. WRITTEN COMMUNICATIONS 21. None. ORDINANCES 22. None. RESOLUTIONS 23. None. STAFF REPORTS 24. Oral reports by staff members and submission of written reports. City Manager Brown addressed Council regarding Kaiser Hospital's search for a new site. He said they have selected the southwest corner of Homestead and Lawrence Expressway in Santa Clara. This is subject to Kaiser board approval in May. If Council wishes, representatives from Kaiser will come to a meeting and give a presentation. A majority of Council members requested a presentation. COUNCIL REPORTS 28. Counc. Koppel - Santa Clara County Transportation Commission - Counc. Koppel requested a letter of support over the Mayor's signature stating that the Commission should continue to hold two meetings each month and not be reduced to one meeting. 8 MINUTES OF THE FEBRUARY 16, 1993, REGULAR CITY COUNCIL MEETING (CC-853) 29. Counc. Sorensen - Sister City Committee - Toyokawa - Counc. Sorensen announced that April 3 and 4 will be the dates for the annual Cherry Blossom Festival. 27. Counc. Goldman - Cupertino Education Committee Liaison - The City Manager was requested to follow up regarding a meeting to investigate solutions to short and long term funding issues. City Manager Brown stated he will also follow up with letters to those appointed to the Citizen Budget Committee. City Attorney Kilian announced that there are two items for closed session, pending litigation, Cupertino et al. v. City of San Jose and appointment of City Clerk. At 9:35 p.m., Council adjourned to a closed session. At 10:05 p.m., Council reconvened in Chamber. Cupertino et al. v. City of San Jose (Government Code Section 54956.9). It was moved by Counc. Sorensen, seconded by Counc. Koppel and passed unanimously to amend the contract with the litigation attorney to a $130,000 cap total fees, with Cupertino's share to be 6.6%. Appointment of City Clerk (Government Code Section 54957.6) Council had received an update. At 10:10 p.m., Council adjourned to 6:45 p.m., February 22, 1993, Conference Rooms C & D. _____________________________ City Clerk 9