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CC 03-15-93 CITY OF CUPERTINO, STATE OF CALIFORNIA CC-855 10300 TORRE AVENUE, CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD MARCH 15, 1993, COUNCIL CHAMBER, CITY HALL, 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA PLEDGE OF ALLEGIANCE The meeting was called to order at 6:45 p.m. by Mayor Szabo. ROLL CALL Counc. Present: Dean, Goldman, Koppel, Sorensen, Mayor Szabo Staff Present: City Manager Brown City Clerk Cornelius Director of Public Works Viskovich Director of Community Development Cowan Assistant to the City Manager Brown (arrives 6:55 p.m.) Director of Finance Snyder Public Information Officer Krey Planner II Gil City Attorney Kilian CEREMONIAL MATTERS - PRESENTATIONS Presentation to Council regarding Kaiser Hospital facility proposed for Lawrence Expressway and Homestead Road, Santa Clara. Ken Kentch, Medical Center Administrator of Kaiser Hospital, presented an overview of the proposed new Kaiser Hospital facility. He introduced Michelle Mann, who stated that Kaiser's current building is outdated. The electronic equipment is at its maximum and it is cheaper to replace the hospital than to expand it. She said Kaiser has looked at various sites and has chosen the Tandem site with the Marchese orchard. Kaiser prefers to stay in Santa Clara. (Assistant to the City Manager Brown arrives 6:55 p.m.) She reviewed the proposed site plan as well as community relations efforts completed or under way. Special Presentation -- Mayor Szabo All those present joined Mayor Szabo in wishing the City Attorney a happy birthday. MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) POSTPONEMENTS - None. ORAL COMMUNICATIONS Mr. Bruce Ives, District Director for Anna Eshoo, introduced himself and presented an offer of services at the federal level. A town hall meeting is scheduled Saturday, March 20, 3:00 p.m., in Cupertino Council Chamber. Benjamin Kaufman, 867 Hyde Avenue, said his neighbor is planning to build on to his home. The proposed addition violates his visual privacy and is an intrusion. He asked how this could be prevented. Mayor Szabo suggested he talk to Director of Community Development, Robert Cowan. Floyd Meyer addressed Council regarding the "church property". He stated the City could refund on their overcharging of park fees. He expressed admiration for Counc. Dean for opposing the housing requirement placed on businesses wishing to expand. Mike Betz, editor of the Cupertino Courier, said the paper had gone to press today and did not fold. CONSENT CALENDAR Mr. Meyer requested that Item No. 1 be removed. It was moved by Counc. Sorensen, seconded by Counc. Koppel and passed unanimously to approve the balance of the Consent Calendar as submitted. 1. Removed from the Consent Calendar. 2. Application No. 17-U-90 - Chevron Research and Technology Company - Request for a one year extension of a use permit for mini-mart/car wash for service station at the northeast corner of Homestead Road and DeAnza Boulevard. Environmental Determination: Categorically Exempt. Recommended for approval. 3. Monthly Activity Report, February, 1993. 4. Resolution No. 8842: "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 February 21, 1993." 2 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) 5. Resolution No. 8843: "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 26, 1993." 6. Resolution No. 8844: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 5, 1993." 7. Monthly Treasurer's Report and Budget Update, February, 1993. 8. Review of applications for Alcoholic Beverage Control license: (a) Margherita di Roma, 21269 Stevens Creek Boulevard, Space 510-520 (formerly Senor Pepe's; (b) City Stop, 10123 North Wolfe Road, Space 992 (located in food court under Sears at Vallco). 9. Approval of minutes of the adjourned regular meeting of March 1, 1993 (CC- 853B). 10. Approval of minutes of the regular meeting of March 1, 1993 (CC-854). Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Resolution No. 8841: "A Resolution of the City Council of the City of Cupertino Approving Destruction of Certain Records (City Clerk)." Following discussion, it was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to adopt the resolution. PUBLIC HEARINGS 11. Review and approval of use of Nineteenth Year (1993-94) Community Development Block Grant funds. (a) Resolution No. 8846: "A Resolution of the City Council of the City of Cupertino Authorizing Submittal of Funding Proposals for the Nineteenth Program Year (1993-94) of the Community Development Block Grant Program." 3 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) Planner II Gil reviewed the suggested conditions of approval for the Oaktree Place project proposed by Sunnyview West. She said the neighborhood does approve of the project. No funds would be released until approval of the loan with the deed of trust and promissory note. Conditions have been set by a subcommittee of the Affordable Housing Committee. City Attorney Kilian recommended the addition of another condition that the amounts authorized be subject to the City Attorney approval regarding the legality of the proposals. Ron Zilsky of Sunnyview West, said they need very little debt and requested that Cupertino help them with it. The total cost of the project is approximately $3 million. They are requesting as many fees as possible be waived as that might make a difference. Dolly Bates, Sunnyview West, read a statement from Iola Hendricssen in support of Sunnyview West. She then followed with comments of support of her own. Jan Stephenson, Cupertino Community Services, stated she was available to answer any questions. Katherine Brown, ESO, requested that Council recommend them to the County even if the City does not fund them. Mike Wiley, Midpeninsula Housing Coalition, stated he was present to answer any questions. Floyd Meyer inquired as to the amount of the park dedication fee. He felt the projects being proposed provided a park-like setting. Maybe that property could be dedicated to the City. In regard to CCS, he asked how many people they served and was informed approximately 15-16 on a regular monthly basis. He then asked how many Midpeninsula Housing served. Jan Stephenson said approximately 15-16 on a monthly basis. However, they usually work with 60-70 homeless people per year and approximately 500 that do not stay in a shelter. It was moved by Counc. Sorensen and seconded by Counc. Koppel to approve the staff and Affordable Housing Committee recommendation. Counc. Dean moved to amend the motion to not waive park fees. There was no second to the amendment. Counc. Koppel moved to amend the motion to recommend that ESO be eligible for urban county funds. Counc. Sorensen seconded the motion. It was suggested that Planner II Gil draft a letter to the Board of Supervisors regarding the use of through funds for ESO. Counc. Koppel and Sorensen withdrew the amendment and second. 4 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) The original motion was approved unanimously with the additional condition for the Oaktree Place proposal. PLANNING APPLICATIONS 12. None. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 13. None. UNFINISHED BUSINESS 14. None. NEW BUSINESS 15. Approval of proposed action plan for City Net (Counc. Dean). Counc. Dean thanked those who had been of assistance on this project. He stated there is a need to form a nonprofit agency and he would like to dedicate his funds as a Councilmember for use of the City Attorney to have Mr. Kilian set up this agency. Counc. Dean stated that the City Manager does not support this; however, he does not want to get a local attorney in case they ever need to come before City Council and there might be a perception of a conflict. City Attorney Kilian stated he felt that this involves not just City Attorney time, but also other City staff time. The issue is, how involved does Council want the City and its agents, whether it is free or not? Counc. Koppel stated she feels this is a private issue outside of the City. She believes that an attorney here in the City could be used and she would not support use of the City Attorney. Counc. Goldman stated he hoped that Council could have more discussion regarding where this project is leading. He said he thinks it is a great idea. However, if he knew more about it, it would be helpful. He is not adverse to the City being involved; however, there is no proposal in front of Council. Counc. Dean stated he wanted access to the City Attorney. Counc. Goldman asked where the City is going with this. Where is a business plan? What group is involved? What is the eventual goal? He felt that City Net is a great idea. Council just does not have enough information. He read from the minutes of the September 21, 1992, Council meeting. He stated Council needs some basic information and needs to be involved in some basic policy decisions. 5 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) Counc. Dean pointed out that Council had received minutes of every meeting of the committee. Mayor Szabo stated that he believes that what Counc. Goldman wants is information pertaining to how much staff time would be necessary, how many subscribers are anticipated, and what are equipment needs. Counc. Dean said that in regard to funding, a golf extravaganza has been planned. This will be held at Deep Cliff Golf Course to raise money for schools and City Net. The task force is working on this. Counc. Goldman requested that the committee come to the next Council meeting with a business plan and its impacts, including cost and who would be involved. City Manager said the City's Computer User Committee is starting to define what information would go on City Net. Organization and management is the concern. He recommends that it not be a City operation, but a nonprofit agency. Therefore, the City would not be the recipient of equipment, the holder of funds, etc. He said he did not feel it was correct for the City Attorney to set up the agency; it would be preferable for someone working with a corporation. He would like to see an orderly transition from the "champion" of the project to the board. Counc. Goldman agreed he would like to know the game plan, including the type of organization and how the City can help facilitate this to be positive. He would like it by the next Council meeting if possible. Counc. Dean did not feel it could be done by the next Council meeting. Counc. Goldman moved that information regarding the type of organization and the game plan be presented to City Council at their next meeting. Mayor Szabo seconded the motion. Following discussion, Counc. Goldman withdrew the motion and Mayor Szabo withdrew the second. Counc. Goldman moved that information from the committee be presented to Council prior to decision regarding use of the City Attorney. Mayor Szabo seconded the motion which was adopted with Counc. Dean and Sorensen dissenting. 16. Consideration of an amendment to Chapter 16.32 of the Cupertino Municipal Code to modify definitions and safety standards related to swimming pools. (a) First reading of Ordinance No. 1620: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.32, Swimming Pools, of the Cupertino Municipal Code." 6 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to approve staff recommendation. It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to read Ordinance No. 1620 by title only and the City Clerk's reading to constitute the first reading thereof. WRITTEN COMMUNICATIONS 17. Letter from Gary Fazzino, Chairman, Santa Clara County Local Transportation Authority. Council received the letter and recommended that Councilmembers suggest key people to apply. The City Manager pointed out that others may also wish to apply. Applications will be available in the City Clerk's Office. ORDINANCES 18. None. RESOLUTIONS 19. None. STAFF REPORTS 20. Oral reports by staff members and submission of written reports. Director of Public Works Viskovich reported on Measure A projects. Counc. Sorensen asked PIO Krey if a letter had been sent to TCI and the FCC regarding cable television. She replied that a letter had been sent to TCI, however, no response had yet been received. This could be an issue in the franchise renewal process. Mayor Szabo inquired regarding cable television rate regulations. In response, Ms. Krey stated that on April 1, some regulations will be out from the FCC. That will also be part of the franchise renewal. 7 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) COUNCIL REPORTS 21. Mayor Szabo - Legislative Review Committee - It was moved by Mayor Szabo, seconded by Counc. Koppel and passed unanimously to take the following action regarding proposed legislation: Oppose SB36 (Kopp), Brown Act; Support AB75 (Hauser), Air Quality, City representation of Air Districts and SB501 (Beverly), PERS benefits, golden handshake. Staff was directed to obtain a copy of SB273 (Bergeson), regional government. The bill sponsored by T. Friedman, AB418, regarding business license tax, was referred to the Chamber of Commerce for any input. Mayor Szabo addressed those present regarding County hill property and the development proposal submitted by John Vidovich and being considered by the County. By consensus, Council directed that the Mayor send a letter to the County in strong opposition to the development proposal in Los Altos Hills' sphere of influence. They also authorized attendance at the April 6 Board of Supervisors meeting and communication with the Mercury News editorial board expressing strong opposition to the proposed development. 22. Counc. Dean referred to a benefactor who wants to donate $6,000 for lights at the Cupertino Sports Center. In return, he requested a plaque on one of the poles and a lifetime membership at the center. City Manager Brown that this item was not placed on the agenda because he had been expecting a written proposal to bring to Council. City Attorney Kilian stated that in order to determine the legality of the proposal, he needs to see it in writing. 23. Counc. Goldman stated at their 8:30 a.m. meeting of March 26, the Cupertino Education Committee would like to see a City Net demonstration. 24. Counc. Koppel reported on the Sunnyvale-Cupertino Corridor. 25. Counc. Sorensen reported on Joint Venture Silicon Valley. 8 MINUTES OF THE MARCH 15, 1993, REGULAR CITY COUNCIL MEETING (CC-855) City Manager Brown announced that the General Plan EIR is available for purchase and copies are available for review both at the Cupertino Library and at City Hall. The meeting was adjourned at 8:55 p.m. __________________________ City Clerk 9