CC 07-20-92
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CC841
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 TORRE AVENUE. CUPERTINO, CA 95014
TELEPHONE: (408) 252-4S05
MINUTES OF THE REGULAR CITY COUNCIL t.ußíJJÑG
HELD ON JULY 20, 1992, COUNcn. CHAMBER, CITY HALL
10300 TORRE AVENUE, CUPERTINO, CAUFORNIA
CALL TO ORDER
Mayor Sorensen called the meeting to order at 6: 15 p.m. in Conference Room A
ROLLCALL
Coune. Present:
Goldman, Koppel, Szabo, Mayor Sorensen
Coune. Absent:
Dean
Staff Present:
City acrk Cornelius
7'"'~
Thc-e being no applicants present to interview, it was moved by Coune. Goldman, blic Safety
seconded by Coune. Koppel and paille'! UD8DimOUSIy by tbœc present that the Commission
vacancy be filled in January, 1993, at the same time as rcguIlI'terms.
At 6:25 p.m., Council adjourned to Council Chamber.
Mayor Sorensen called the meeting to order at 6:45 p.rn.
CounCIl Present:
Dean, Goldman, Koppel, Szabo, Mayor Sorensen
Staff Present:
City Manager Brown
City acrk Cornelius
Director of Public Works Viskovieh
Director of Community Development Cowan
Director of Finance Snyder
Director of Parks and Rccreation Dowling
Public Information Officer Krey
Housing and Services Coordinator Norling
City Attorney Kilian
,
.
Renovation
of park sites
St, Joseph
Seminary -
conflict of
interest
.
.
MINUTES OF THE REGULAR CIlY COUNCIL MEETING OF JULY 20.
1992 (cc..84 I)
ORAL COMMUNICATIONS
SlIIdra James, Vice Presidcot of Cupertino Union School District Board ofTruatees,
addressed Council regarding Item No. 28. She WII speaking at this time II she bad
another meeting to attend. She commcoded Cupertino. especially Steve Dowling.
for their work IIId ~cdion in this matter. Ms. James encouraged Council to go
forward with the renovation IIId improvemcot of the school sites.
Stevco Haze, 22681 Sill Juan Road, addressed Council regarding the General Plan
Amcodmcot pertaining to St. Joseph Seminary ...~. He requested that the City
Attorney prepare a determination of each City Council Membe(s qualification to IICl
He stated that in regard to the Planning Commission, after the hearings had started
there WII a news article that a Pllllning Commission member might ~ financially
affected by the decision. He stated that it did turn out the City Attorney said there
was no conflict IIId requested that the City Attorney provide legal counsel to the
City Council regarding any possible fmancial interest. Mr. Haze wlllted to mw
sure that it is legally appropriate for all Council members to participate in lilY action
on this po operty IIId that there is no conflict of interest.
City Attorney Kililll addressed Council regarding financial conflict of interest. He
stated that he has not been made aware of lilY situation of potential conflict
Individual City Council Members would have to provide information IIId request III
opinion. The Fair Political Practices Commission decides whether or not a conflict
of interest exists.
Mr. Haze expressed concern regarding the possible perception of conflict
Mr. Kililll said that if the City Council directs him to do so, he will review Mr.
Haze's concerns if they were submitted in writing. The information would be scot to
the Fair Political Practices Commission. Mr. Haze stated that he is not being
accusatory but Wlllts clarification prior to the start of the hearings.
Floyd Meyer said maybe A-Q should be submitted to the FPPC. Mr. Meyer said that
in regard to commcots he had made previously regarding Don Frolich and in reply to
commcots made by Gordon Frolich, the former Council Member did commit acts
that were criminal. Maybe the Fair Political Practices Commission could get insight
on how to get Council moving on items A-Q.
CONSENT CALENDAR
I. Monthly Activity Report, June, 1992.
MINUTES OF THE REOUl,AR CfIY COUNCIL MEEI1NO OF RJL Y 20, 1992 (cc.I4I)
2. Monthly Budget Update and Treasurer's Report. June, 1992-
3. Resolution No. 8706: · 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 MiaceUIIDOOUI
Expenditures for the Period Ending June 29, 1992.·
4. Resolution No. 8687: . A Resolution of the City Council of the City of
Cupertino AdoplÎllg a Manorandum of Underatanding ßehoteen the City of
Cupertino and the Operating Engineers Loc:a1 No.3.·
S. Resolution No. 8707: . 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 Wagrs for the
Payroll Period Ending June 30, 1992.·
6. Resolution No. 8708: . A Resolution of the City Council of the City of
Cupertino Designating Permit Parlting on Ann Arbor Court. .
7, Acceptance of municipal improvements:
Ruth Nonnan Project - Upland Way
(No documentation required.)
8. Resolution No. 8709: . A Resolution of the City Council of the City of
Cupertino Approving Final Plan for the Improvement of Frontage Located on
South Stelling Road; Developer, Kamran Haider, Authorizing the City
Engineer to Sign the Final Plan; and Authorizing Execution of Agreement in
Connection 'lbercwith. .
9. Resolution No. 8710: ·A Resolution of the City Council of the City of
Cupertino Accepting Grant of Easement for Roadway Purposes from Kamran
Haider, Shaherbano Haider, Tehera Rizvi, Gbraia Hyder. Consisting of
Approximately 0.031 Acres, Located South Stelling Road.·
10. ResohJtion No. 8711: ·A Resolution of the City Council of the City of
Cupertino Approving Final Plan for the Improvement of Property Located on
Lindy Lane; Developer, Dennis Paboojian, Authorizing the City Engineer to
Sign the Final Plan; and Authorizing Execution of Agreement in Connection
Therewith. .
3
.
cant Calen-
dar approved
.
MINUTES OF THE REGUtAR CITY COUNCIL MF.F.11NG OF JUt Y '20.
1992 (CC-84I)
11. Resolution No. 8712: wA Resolution of the City Council of the City of
Cupertino Approving a ContractuaI Cost of Living Adjustment in Service
Rates Chsrged by Los Altos Garbage Company for CoI1ec:tion and Dispœll
ofRefuse. W
12. Resolution No. 8713: W A Resolution of the City Council of the City of
Cupertino Setting a Public Hearing to Consider Solid W8Ite Service Rate
Increase to Offset the Business License Fee Imposed by the City of San JOIO. W
13. Resolution No. 8714: wA Resolution of the City Council of the City of
Cupertino Setting Public Hearing to Consider Cupertino Municipø1 Water
Utility Rate Increase. W
14. Resolution No. 8715: wA Resolution of the City Council of the City of
Cupertino Approving Destruction of Records (Traffic Accident Records). W
15. Approvll of minutes of the adjourned regular meeting of June 23. 1992.
16. Approvll of minutes of the adjourned regular meeting of June 30, 1992.
It W8I moved by Coonc. Koppel, seconded by Coonc. Goldman and pIIIl-=d
WUIIIimously to approve the Consent Cllendar. with Mayor Sorensen abstaining on
Item 16 (June 30 minutes) and Coonc. Szabo abstaining on actions that occurred
prior to his arrivll at the meeting of June 23 (Item 15).
~
Members gf.!Œ~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Dean, Goldman, Koppel. Szabo. Mayor Sorensen
None
None
Sorensen (Item 16 only); Szabo (actions that occurred prior to his
arrival at the meeting of June 23)
ITEMS REMOVED FROM CONSENT CALENDAR - None.
PUBUC HEARINGS
17. Public hearing to determine if the charge for storm drainage services sba1\
constitute a lien upon these parcels of land
MINUTES OF THE REGULAR cnv COUNCIL MElITlNO Or JUL v 20, 1992 (roMI)
(a) First reading of Ordinance No. 1598: -An Ordinance of the City
Council of the City of Cupertino Amending Chapter 9.18 of the
Cupertino Municipal Code for the Purpose of Protecting the State
Water Courses Meeting Federally Mandated Nonpoint Source Control
and Stormw8ter Management Prosram. -
(b) Reading and enactment of Urgency Ordinance No. 1599: -An
Ordinance of the City Council of the City of Cupertino Amending Its
Ordinance Code by Adding a Ncw Chapter 3.36 to Establish a Storm
Drainage Service Charge and Declaring the Urgency Thereof.-
Director of Public Works Viskovich revicwed the proposed annual fees:
Single family, SI2.00'parcel; commerciallindustriallap4abuents, SI441acre;
unimproved/recreation.. S361acre. He also revicwed the allowed exemptions
and the process used for determining the rates.
Mayor Sorensen then revicwed the process that would be used for the public
hearing.
Mr. G. Frazier, 10153 Colby, said that he had some questions regarding the
City's question and an wer sheet. He stated that he had no chemical resources
on his property and there is no excess rain causing runoff.
Director ofPubhc Works Viskovich stated that the proposed program is one of
prevention and every ploperty owner contributes. Mr. Viskovich also said that
the City is the: entity that sets the rates. There are no qualitative numbers.
There is a wide array of pollutants. Also, there is no set cap on the fees
1x=1',e the need is unknown at this time. In regard to what townhouses will
be charged, they are combined with other residential. The street sweeping
contract is a fIXed cost no matter how many workers are on the sweeper. The
City had requested bids and awarded the contract to the lowest responsible
bidder.
City Attorney Kilian addressed Council stating that in regard to comments
about Proposition 13, this is not a special tax but a service charge in
accordance with Section 5471 of the Health and Safety Code. This is not a
violation of either Prop. 13 or Prop. 62.
Continuing. Mr. Viskovich stated that by removing street sweeping from the
General Fund and placing it under Nonpoint Source fee, the General Fund can
support another program. The law does allow for these charges to be used for
reconstruction/repair of existing storm drains. Any reconstructing. realignment
or removal of illegal hookups would be done as needed.
5
MINUTES OF THE REGULAR CITY COUNCIL MhhllÑG OF JULY 20.
11992 (CG-84I)
Vince Garrod. 22600 Mt Eden Road. Saratoga. addressed Council regarding 0110
pan:cl be owns that _BIlle bis wben Cupertino annexed the area next to SIII1dop.
Mr. Garrod stated that he bad sold land in Cupertino to Midponinsula Regional
Open Space District except for a very small piece of undeve1opablo land. It is not a
legal parcel. He asked if there were any way to omit this parcel remnant
Mr. Viskovicb suggested he submit the matter to staff.
Floyd Meyer said the p ~ service fee is a fairly small amount of money. Storm
drains were here before Prop. 13 and were taken care of and maintained. He stated
ibe p.~ed service charge is just a way around Prop. 13.
Brian Avery said that apartments maintain their own internal streets and catch basins
and therefore should receive some credit
The City Attorney informed those present that the law docs provido a protest
po OI:edure. If anyone wished to register a protest. all that is necessary is putting
down hislher name, address and parcel number during the hearing.
Mr. Avery, representing Glenbrook and Village Green Apartments. stated ho
protested.
James Portocarrero, 7695 Orange BIcssom Drive, addressed Council regarding the
notice. He said it looked like jWlIc mail. The timing of such a service charge could
not be wone. He felt threatened in regard to mention of a lien and felt resentmODt
about that. He stated he is pro environment and cooperates with the City, but the
City needs to cooperate with the citizens. If the assessment is necessary, don't make
it a tax lien. Mr. Portocarrero filed a protest
Mr. Viskovich pointed out that the residents could be liened even if tho charge
remained on the garbage bill.
Mr. Portocarrero stated that OIIce something is on the tax bill it is there forever.
Ann Anger said sbe bad listened to Mr. Viskovich's report. Sbe bad been told that
the money for street sweeping came ñom the Gas Tax. That is a trust fund Of the
$12 recommended as the service charge, how much will the City keep? Ms. Anger
stated that she realizes the need to keep the Bay clean. Is this charge t-",...... of
Prop. 13? Since 13 was enacted citizens have been to court nine times including the
Supremo Court, and each time it has been upheld Sbe stated she is not prot~t18
her lot, she just wants to know, is it fair. She will contact the Pacific Legal
Foundation to see if it is all right for the City to do this.
MINUrES OF TIlE REGULARCTIY COUNCIL MEE11NOOF JULY 20,1992 (CC-I4I)
Mr. Visltovicl1 stated that street sweeping is paid from the General Fund b--'''' of
the maintenance of effort requirements. Of the l"upOooed funds. S58,OOO will go to
the region and $266,000 stays with the City.
Syd Jarvis, 20640 Sunrise Drive, said this charge is a tax. The cœscøsID in the
room is that it is defeating the spirit of 13. He stated that be believes there are other
ways to raise the revenues and said he protests.
Don Barnett, 10745 Peninsular Avenue, APN 326-03-022, also prok4ted. He stated
that Webster says an assessment is a means of assessing a tax. There is a history of
as.essmenIB in Cupertino. He questioned why there is a nonpoint source fee and a
sewer cl1arge as well. He asked what was to prevent the City from increasing the
amount
Mr. Kilian explained that the Sanitary District bas nothing to do with storm drains.
In the future a public hearing would be held before any change in fees ocCWTCd.
Mr. Viskovich stated that Cupertino was one of the few cities with the fee on the
garbage bill.
John Marshall, 11101 South Stelling. also protested. He stated he owns two lots, but
one is unbuildable.
Anna Webber, 11670 Regnart Canyon Road, stated that part of the structure of the
City should come from the basic tax paid. She questioned why citizens would have
to pay more.
Mr. Viskovich explained that the nonpoint source effort is not regular maintellal1Ce.
but an environmental program. If the nonpoint source P'''IS'lUD were taken away,
basic taxes would cover neca¡sary maintenance. However, this is a federally
mandated ~an..
Ms. Webber suggested the City eliminate something else and use basic tax dollars
for this program.
Counc. Dean asked the Finance Director what the City's share of property taxes was.
Mr. Snyder replied that 2.85 cents of each property tax dollar comes to Cupertino.
Ms. Webber stated that the money is misused. She said she sees many cosmetic
things going on and felt the money should be spent on basic fundamental needs.
Robert Browning. 7741 Oak Meadow Court, stated that his property had flooded
7
MINUTES OF THE REGULAR CIlY COUNCIL MEETING OF JULY 20,
1992 (CC-841)
twice during the drought There is no drain to take water away from where the
creek used to be.
Mr. Viskovich mentioned that the )Ioposed charge does not cover any new storm
drnins. He recommended that Mr. Browning talk to City staff.
Mr. Browning said that he has. He also protested the lien. Since he does not have
a stonn drain he did not undentand why he should pay.
Council recommended that staff wort with him regarding his flooding problem.
Keith Bower, 11106 Linda Vista Drive, protested the propœed action (APN 356-
16-020) primarily on comparative analysis with the San Jose tax bill. He stated that
the City of San Jose appears to be about 1~1o more efficient He assumed that there
would be a separate line item for the $12 a year. He recommended that staff do an
analysis and check with other cities. In regard to ownen of industrial ploperties. he
asked how they were paying their fair share. Mr. Bower was informed that the
numbers quoted for the City of San Jose were really for the Sanitary District The
commercial/industrial properties will be charged $144 an acre. Mr. Bower said that
this is sort of like a utility tax; once it is put on the property it never goes away.
Counc. Szabo said that San Jose gets about ten times what Cupertino gets in regard
to percentage of the tax dollar.
Hazel Jordan , 872 Rose Blossom Drive, said that she protested the assessment on
the property. She prefen the charge to be on the gubage bill or there be an annual
environmental fee.
Kathryn Nickerson, 11360 S. Stelling Road, also protested the charge. She stated
that she did speak out against the mandatory gubage fee. She stated that LAGCO
was not picking up yard clippings and they will not pick up appliances. She was
infonned that Item 19 on the evening's agenda refen to a pilot compost program.
Ms. Nickerson asked if the City knew what it was doing and stated that this is not
an appropriate time to be adding new taxes. In regard to a runoff fee, she stated
that if Council approved this then there should be a reverse situation for run-on.
Her property is located downhill. Ms. Nickerson stated a protest for APN 362-25-
025.
M8Jjorie Simonds, 1171 S. Stelling Road, said she was fed up. She received three
of the public hearing notices. She stated that the proposal is a way to circumvent a
tax. She owns three parcels in Cupertino. She stated that if the City could afford to
buy a racquet club, Blackbeny Fann and park land they can afford not to charge
this fee. She stated rather than hearing 2.6% for property taxes, how many dollars
MINUTES Of mE REGULAR CfIY COUNCIL MEETlNO OF JULY 20, 1992 (CC-MI)
docs this mean. She was informed that $1.3 million is the totaI",~rty tax. Ma.
Simonds protested thia charge for her three parcels. They arc 1171 S. Stelling Roed
and APNI 342-17-072 and 362-23-014 loatted on Cordova Road and Tula Lane.
She stated that when the parcels were pun:hased they were not in Cupertino. 1be
City grabbed the territory against the property owners' will. As they were annexed
they were told their billa would not increase. That was not true. She recommended
that the City sell the Sports Center.
Dorothy Zeazutek. 10710 N. Blaney Avenue, said that nobody likes to see the word
"lien." She stated she is away from home most of the time. Water is used so there
is not a lot of runoff. Oil from the chun:h and the apørtment properties around her
residence cause a problem. When she received the notice she assumed it was for a
storm drain along Highway 280. However, during the hearing she heard that the
State was exempt from the charge. The biggest pollution is aloog Highway 280.
She said she did not mind the $12; however, the people on the freeway should be
taxed.
City Attorney Kilian stated he put the word "lien" on the notice. The law is very
clear that the citizens have the right to know what this is. It cannot be sugar coated
This is not a tax but a storm drain service charge. It will come on the property tax
bill as a line item. Its use is for environmental purposes. Not everything on a tax
bill is a tax. The law provides that the ",.,..erty owners may protest the lien.
David Severin, 22570 San Juan Road, said that someone in his neighborhood is
dumping oil down the storm drain; however, it is not he. He questioned why those
not having sewers or storm drains have to pay this fee. Mr. Severin protested 011
behalf of his ..........ts.
Erwin Conens, 10840 Pineville Avenue, protested based on the lien issue (APN
369-13-034). He said the City is short of money and is finding ways to get il
People can't go to their employers for a raise. The City should only spend what it
has. Proposition 13 should not be blamed.
AI Amolfo, 10219 Will Court (APN 316-25-034), stated he represents his mother.
In regard to duplexes he said they should be the same as single family divided by
two - in other words, S6 per unit He filed a protest
Brigitte Lane, 10305 Vicksburg Drive, APN 369-07-009, also protested.
Dean Sayre, 10805 S. Stevens Canyon Road, also protested the charge. He stated
that he had fought annexation to the City which was done legally but not morally.
There arc no storm drains on his property. The driveway has a stream when it
rains. Any storm drains in the area were there before being annexed to the City.
He stated he has no objection to paying for schools and parks. However, he is not
9
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 20.
1992 (CC-84 I)
benefiting from storm drains. It's a matter of priority for things the City spends ita
money on. Such things as traffic barricades cost money and cause problems.
Kathy Nellis, 22322 Regn811 ROIId, addrascd Council regarding residential
premises already built, not on vacant land. She asked about the
commerciallindustriall......bllent cost compared to undeveloped I"""",.ties. She
recommended that the tenn used be residential properties, not residential prøn;..
or leave the fees with increases on the garbage bill.
Director of Public Worb stated that she did have a good point and staff may come
back next year with some cleanup legislation.
Marie Pollard, 10420 Creston Drive, Los Altos, asked if an easement I"~rty were
included.
Mr. Viskovich stated probably not. However, he would need the APN to check it
out.
Ms. Pollard stated it was Lot 132 in the development. It was detennined that it
should not be on the tax roll.
Hiram Sibley said he bad been home watcbing the bearing on television and
decided be sbould come down. He lives at 20087 Pacifica and also bas two parcels
on Stelling Road. He stated that this could be the first of many taxes. He
understood that the City is getting less money from the State; bowever, in a major
storm some runoff always spiUs into the bay. He protested the $12 and stated that
the City could get money elsewhere. He asked why it was necessary to close
Pacifica. Excess money is used in sucb situations. It could be used elsewbere. He
urged that Council cut unnecessary items and restated be was protesting.
David Severin said that if this goes on the tax rolls the City would only get :ZOAo.
City Attorney Kilian clarified once again that this is not a tax, therefore the City
would receive the full amount.
Mr. Viskovich stated that in regard to the closure of Pacifica. public bearings were
held and the neighborhood wanted it. If the neighborhood wants it removed be
recommended that a petition be filed with the City.
Mayor Sorensen closed the public hearing and announced there would be a recess to
enable to City Clerk to tally the protests.
RECESS: 8:55-9:05 p.m.
MlNUfES Of THE REOULAR CITY COUNCIL MEBTlNO Of JULY 20, 1m (roMI)
The City Clerk announced that 42 protests had been filed.
City Attorney Kilian told those present that if there is a majority protest then there is
no lien. In the City of Cupertino there are in excess of 15,000 parcels. Clearly there
is not a majority protest for purposes of law. A 4/5 vote of the Council is required to
approve this ordinance. Otherwise it will not go on the tax rolls. The ur¡enc:y
ordinance is n......,sary as the last day to put this charge on the tax rolls is August 10
and this is the last meeting prior to that date. He restated that the garbage collection
bill is also a lien on property.
Mr. Viskovieh stated that for staff administration purposes it is easier to place this
charge on the tax bill. It is also less costly to the City.
It Wi. moved by Coune. Szabo and seconded by Counc. Koppel to approve the staff
recommendation.
Coone. Dean asked why there was an increase recommended when I"u.....ty owners
not currently paying would be added.
Mr. Viskovich informed him that it was J-",nse the street sweeping is being shifted
under this category. When asked about future increases, Mr. Viskovieh said he did
not know. There may be federal or state standards set at some time. Lawsuits may
be filed that say we're not doing enough in this area.
City Manager Brown said that although he did not know, he did not believe there
would be immediate increases. Other counties are farther behind on this item than
Santa Clara County. We are doing a good faith effort.
In answer to further questions by Council Members, Mr. Viskovieh said that this
would be straight line item, and he did not know if anything would be added in the
future.
Cone. Goldman stated that there is a difference between a lien on a tax bill and a
charge on a garbage bill, if only in perception. Government needs to be aware of
issues such as "the carners nose under the tenL" Also, he is not yet convinced as to
the applicability to vacant land as it does not contribute as much pollution. He
discussed an amendment to the motion to consider placing it on the garbage bill for
one year and if administrative difficulties, such as cost and non collection occur, it
be revisited.
Coonc. Goldman presented a substitute motion to raise the fee and continue placing
it on the garbage bill. The substitute motion was seconded by Coune. Dean.
II
·
·
Staff recom-
mendation
approved
Fisrt reading
of Ord. 1598
Ord. 1599
enacted
·
MINUTES OF TIΠREGUlAR CITY COUNCIL MEETING OF JUt Y 20.
1992 (CC-84I)
Mayor Sorensen suggested that the hillsides be treated differart1y.
Upon being asked a question by Counc. Dean, Mr. Portociu.ero said he would
rather have the charge on the garbage bill even if it were more because of peace of
mind Counc. Dean confinned that it was not the amount of money but the method
of collection that was a concern.
City Attorney Kilian said that to raise the fee the action requires a 4/5 vote. To
keep it on the garbage bill requires a majority vote. In either case, whether
collected on the garbage bill or the tax bill, the Council could waive a fee.
Mr. Viskovich pointed out that if it is done on the garbage bill the Finance
Del"" huent is also involved.
Mayor Sorensen asked if there was a desire to reopen the public hearing. There was
not
Counc. Goldman asked Mr. Portoc:arrero ifhe had a solution to this problem.
Mr. Portocarrero replied that the charge should be placed on the garbage bill as an
annual collection. If it doesn't work change it next year.
City Manager Brown strongly urged Council to adopt the charge as an assessment
on the tax rolls. He stated there was no question in his mind that it was the best
way. This is a fee. He believed it would be a significant impact on staff if it was
collected through the garbage bill.
The motion to increase the fee and mamtain collection through the garbage bill was
defeated with Council members Koppel and Szabo and Mayor Sorensen dissenting.
The original motion to approve staff recommendation was adopted unanimously.
It was moved by Counc. Koppel, seconded by Counc. Goldman and parsed
unanimously to read Ordinance No. 1598 by title only and the City Clerk's reading
to constitute the first reading thereof.
It was moved by Counc. Koppel, seconded by Counc. Goldman and parsed
unanimously to read Ordinance No. 1599 by title only and the City Cleric's reading
to constitute the reading thereof; to enact Ordinance No. 1599; and that the
engineer's report be accepted and adopted and there was not a majority protest
18. Hearing regarding assessment for weed abatement
MINUfE,S OF THE REGULAR CITY COUNCIL MEETING OF JULY 20, 1992 (00141)
(a) Resolution No. 8716: "A Resolution of the City Council of the City
of Cupertino Providing for Lien Assessments ønd for the Collection
of Same Resulting From the Abattement of Public Nuisances."
There being no one who wished to address Council on this matter, Mayor
Sorensen closed the public hearing.
It was moved by Counc. Goldman, seconded by Coonc. Koppel and pasr'!ld Res, 8716
unanimously to adopt Resolution No. 8716. adopted
19. Public hearing to receive input on Preliminary Draft of Solid Waste Elements
Associated with AB939: Source Reduction and Recycling Element IDd
Household Hazardous Waste Element
(a) R~lution No. 8717: "A Resolution of the City Council of the City
of Cupertino Setting a Public Hearing for Final Approval of AB939
Element"
Following Mr. Viskovich's report, Mayor Sorensen opened the meeting for public
testimony.
Kathryn Nickerson, S. Stelling Road, expressed concern regarding mandatory
gaJbage fees. She asked when the recycling yard waste I"u&lam would start.
Mr. Viskovich said that a pilot plosnun is going on now, then a fee would be
determined and the regular program initiated.
Ms. Nickerson said that she thought it would be part of the mlDdatory fee and not
extra. She stated that other cities have better service.
Mr. Viskovich replied that the City of San Jose's pcogntD1 will cost more as does
Sunnyvale's.
Ms. Nickerson urged that the fee be included with mandatory. She asked about
appliances being picked up in the annual pickup.
Mr. Viskovich told her that the Council will look at the entire program and may
eliminate the fall and spring cleanup.
Ms. Nickerson replied that she could see additional fees coming down the road.
13
e
.
Res. 8717
adopted
.
MINUTES OF THE REGULAR CI1Y COUNCIL MEETING OF JULY 20,
1992 (CG-84I)
Ann Anger said that she had participated in the :UIZIII'dous material coIleetiœ
program. She got rid of some old paint. She stated it was done very efficieatly eod
within IS minutcll she was bøclt home. She would like the limit on the amOUDt thIIt
is collected raised.
Greg Karayan. 817 September Drive, said that he had missed any public infonlUltiœ
regarding the toxic waste pickup.
Mr. Viskovich said it had been publicized in the Cupertino Scene, the Stm Jœe
Mercury News and the Cupertino Courier. Anyone who missed thIIt pickup c:ouId SO
to any being held in neighboring cities. Mr. Kslayan was asked to leave his name
and address with the Director of Public Works who would notify him of the next
pickup.
Mr. Kslayan asked if 8 plopcrty owner has 8 gardener that mnoves the waste, will
residents still have to pay for it.
Mr. Viskovich said that he would look into that.
Floyd Meyer said that San lese thought they would turn clippings into compoR
which would make 8 self paying I"US"..... He asked if the City charged, who would
get any money from the compost.
Mr. Viskovich said that San lœe residents an: paying fçr the service and there is a
net cost
It was moved by Counc. Goldman. seconded by Counc. Koppel and pSlled
unanimously to adopt Resolution No. 8717 setting 8 public hearing for Septanber
21.
20. Public hearing to consider an increase in user fees at Blackberry Farm Golf
Course.
<8> Resolution No. 8718: wA Resolution of the City Council of the City
of Cupertino Amending User Fees, Blackberry Farm Golf Coone. W
Director of Parks and Recreation Dowling reviewed the proposed fees with Council.
Counc. Szabo expressed 8 preference that the City charge more than is being
rec:ommended.
Mllljorie Simœds, 1171 S. Stelling, said the City took that property off the tax rolls.
She asked if this wCle 8 PGA approved course and was infonned it is not, it is 8 nine
MINUTES OF THE REOULAR CITY COUNCll. MEETING OF RJL Y 20, 1992 (roM I)
bole course. She told the CowJçjI to make it make money. People wbo play golf
will go, regardless of the cost. The fee should be raised to the point the City makes
money. It is a business. She asked why the City was letting the laminated beams
deteriorate on the M(1Qellan Road pedestrian bridge.
Mr. Viskovich replied he was not aware of any deterioration but he would review
that.
Ms. Simonds asked if the City was using reclaimed water. She was informed that
the City did use reclaimed water during the drought and is still doing that lit
Memorial Psrk. Ma. Simonds stated the City should keep using it. She stated that
there may be a becklash on the nonpoint soun:e fees. She said staffs have been
reduced everywhenl. Fees at the golf COUISe sbou!d be above what is being
recommended. She ur¡ed Council to watcb the City's assets.
Mayor Sorensen then brought the discussion to Council.
It was moved by Counc:. Koppel and sec:onded by Counc. Dean to adopt Resolution Res. 8718
8718 as presented by staff. adopted
Counc. Szabo moved to amend the motion to increase fees S 1.25 over what is
currently charged. There was no second to the amendment and the original motion
was adopted unanimously.
21. Public bearing to COIIIider amending the Utility User's Tax to include interstate
and international teIcpI!one commwùcation service.
<a> First reading of Ordinanc:e No. 1600: · An Ordinance of the City
COUßÇil of the City of Cupertino Amendil.ig Chapter 3.34 of the
Cupertino Municipal Code, Utility Users Excise Tax, To Include
Interstate and International Telephone CommwùcatiOD Service. ·
Director of Finance Snyder reviewed the ...upuooaI with Council.
Ann Anger said that when the people voted for the utility tax they voted for certain
thing\!. Sbe asked if the tax could legally be extended to long distance service.
City Attorney Kilian stated that in his opinion it could be. PlOJ>ODitiOD 62 bad
recently been declared UDCOnStitutional by the State Appellate Court. The City
Council can increase general taxes without a vote of the people at this time. In his
view therefore; this tax can be amended without th" people's vote.
Kathryn Nickerson protested this. She felt it could adversely affect people with
limited mobility confined to homes.
15
.
Fttt reading
of Ord. 1600
.
r
MINUTES OF THE REGULAR Cl1Y COUNCIL MEtillÑG OF RJL Y 20-
1992 (CC-84t)
Mr. Snyder stated that areas within the .tate arc already taxed; there is no lifeline
rate. Seniors 65 and over arc exempt.
Ms. Nickerson expressed concern regarding those on fixed incomes such as Social
Security.
Mr. Snyder said he didn't know how much revenue this would generate. It would
come mostly from businesses and the City does not have access to their records.
Ms. Nickerson expressed concern regarding the recession and urged Council to look
at staff recommendations closely.
Floyd Meyer expressed concern about creeping violations of Prop. 13.
There being no others present who wished to speak on this matter, Mayor Sorensen
closed the public hearing.
It was moved by Counc. Goldman, seconded by Coonc. Koppel and p BUed
unanimously to approve the staff recommendation.
It was moved by Counc. Koppel, secooded by Counc. Goldman and pøsled
unanimously to read Ordinance No. 1600 by title only and the City Clerk'. reading
to constitute the first reading thereof.
22. Application No. 81,043 - Zoning Codification - Public hearing to
consider a ~08I ) J1 to reformat and consolidate all zoning ordinances
into the Municipal Code. The POUSUIUI will include a proposa1 to
modify procedures for review of development poupc'6"I". including a
determination of the final review authority for v1"'Íous types of
development applications and the appeal process. The consolidation
of codification effort will include minor amendments of several
ordinances and a complete redraft of the legal non-conforming use
ordinance. Environmental Detennination: The Planning Commission
recommends the granting of a Negative Declaration. Recommended
for approval.
(a) First reading of Ordinance No. 1601: -An Ordinance of the City
Council of the City of Cupertino Adding Title 19, Zoning, to the
Cupertino Municipal Code, and Rescinding Previous Zoning
Ordinances. -
Director of Community Development Cowan reviewed the recommended changes
MINUTES OFm REGULARCI1Y COUNCIL MEETlNOOf JULY 20,1992 (00141)
with Council.
It W81 moved by Counc. Goldman, seconded by Counc. Szabo and .'lIled
unsnimously to continue this public hearing to the reguIsr meeting of August 17.
In regard to possible Code Enforcement c:barges. the City Attorney stated that those
would probably be placed in the beginning chapter of the Municipal Code and not in
the Zoning title.
RECESS: 10-35-10:45 p.m.
23. Appeal of Planning Commission conditions of approval for Application No.
3-U-92 (modified) - 10021 South Blaney Avenue. Cali,Land Associates bas
appealed conditions placed on use of roll-up doors and involving adjacent
parcels that are not a subjec.t of the permit or amendment request. (Continued
from lune 15, 1992.)
Director of Community Development Cowan noted that the appellant W81 not
present
City Attorney Kilian stated that be does reside in Nevada and it would be "I'I"opriatc
to continue this matter.
It was moved by Counc. Koppel. seconded by Counc. Goldman and p nn«l
unsnimously to continue this item to August 17.
PLANNING APPLICATIONS
24. Application No. 4-U-92 - Bill &: Amalia, Inc. - Use Pennit for an existing
restaurant with full service bar. The property is located at 10385 South
DcAnza Boulevard. Environmental Dctcnnination: Categorically Exempt.
Recommended for approval.
Following the report from Director of Community Development, the discussion was
brought to Council.
It was moved by Counc. Goldman. seconded by Counc. Koppel and passed with
Counc. Dean dissenting to approve the application per Planning Commission
Resolution No. 4412.
ARCHITECTURAL AND SITE APPROVAL COMMI'ITEE APPLICATIONS
25. None.
17
PH continued;
Application
81.043 -
zOJ:1ng codifi-
cation
Appeal of
3-U-92
continued
Application
4-U-92
approved
MINUI'ES OF THE REGULAR CIlY COUNCIL MEETING OF JULY 20,
1992 (CC-84I)
UNFINISHED BUSINESS
26. AppIicabon No(s). 1-(]'92 and I-EA-92 - Jack In The Box . Use PcnDit to
demolish an existing building and construct a new 2,600 sq. ft. f...food
n:stauranl The I""t""rty is located at 20803 Stevens Creek Bou1evri
Environmental Determination: The Planning Commission recommends the
granting of a Negative Dcçlaration. Recommended for denial.
Mayor Sorensen ønnounced that she had a possible conflict of interest in this matter
and left the dais. Mayor Pro Tem Szabo chaired the meeting.
Director of Community Development Cowan reported on the Planning Commission
findings. He stated that in his opinion this applicabon docs not conform to the
General Plan.
Council discussed the l"U X)Sed location of the building.
Virginia Fanelli, 10052 Pasadena Avenue, representing the applicant, said that he
was willing to make design changes. She stated the belief that the technical issues
were resolved. The question is, does Cupertino want a sit-down Jack in the Box in
the community; docs it fit the City's vision. She stated it will belp the City's
economic growth and will draw sboppers to Stevens Creek Boulevard. The plan
calls for spending more than $700,000 on the site.
Joe LoBianco, regional construction manager for Foodmaker of Hayward, said the
building bas been designed with no drive through. The use, building, size and
business are compatible with the area. The application bas ASAC approval.
Council's approval is now being requested.
Kathryn Somier, representing Southland and 7-11 stores, said there are over 17
restaurants within a few miles. Jack in tJoc Box is not good for slllTOUllding
businesses as it will pull customers fiom existing restaurants. It requires a lot of
customers for a Jack in the Box to be successful.
Murray Horton, Good Earth, Cupertino, expressed five concerns: 1. Parking
problems. 2. Traffic flow and safety problems. 3. Impeding future possibility of
redoing the existing center. 4. Architecture. 5. Tbe site is vacant but there bas
been a 20"10 increase in restaurant space in the area since the Magic Wok closed. He
expressed a preference for something besides a restaurant going on that site. Also be
expressed preference that any building on the site be placed back from the sidewalk.
Hong Loa, Magic Wok, stated that Mr. Horton was concerned that Jack in the Box
take over his parking lot. When the Magic Wok was open the exact opposite had
MINUTES OF TIm REGUlAR. CITY COUNctl MEtmNO OF J\Jl. V 20. \g1)1 (CC-U\)
occ:urred. Today Good Earth customers are pørlced in the Magic Wok lot He stilted
that pictures and video have been taken. At the comer of Stevens Creek Boulevard
and Saich Way there are few can. Traffic is not a problem. In regard to the
possibility of the neighboring p.O )erty owner, Mr. VoIckmann purchasing and
integrating that area, the owner will not sell. If there is a c:onccpt of reataunmt
overpopulation, Mr. Horton is guilty. Since he opened Fontana's 8CRIIII the street he
has tried to buy the Magic Wok and open another restaurant 1bcre is enough
population to support another restaurant in the area. The building on the site at
present was constructed in 1968. Various alternatives offered for that building have
been a Chinese restaurant, a Burger King, Lonnie's Barbecue, Machismo Mouse and
Signature Food. Jack in the Box is the best opportunity. He submitted photos
showing the area and an existing Jack in the Box.
Floyd Meyer said this was a familiar reftain. Someone tries to do business and
people say I don't like that. Let the business start and they can sink or make it He
supported anything that makes money. Mr. Meyer stated that these people are ready
to go.
Marjorie Simonds said she had read about this in the newspaper. The plO )erty is an
eyesore. Traffic has been reduced with the relocation o. the Post Office. If a
neighbor wants to buy, put it on paper. She supported the applicant Ms. Simonds
stilted that the 7-11 store could not get approval now. Restaurants draw business for
each other. Make Jack in the Box put in a nice one and retain the existing tree. She
stilted that the City has a company with money wanting to come in and the
application should be approved.
A woman addressed Council stating she was a shareholder of the Magic Wok and a
native of Malaysia. She was told United States was a democracy but she docs not
see that. She stated the City would get revenue ftom Jack in the Box.
Acting Chair Szabo brought the discussion to Council.
Council expressed concern regarding the proposal being not in conformance with the
policy in the General Plan. Other concerns included the location of the building at
the sidewalk, left turn at Saich, and traffic.
It was moved by Counc. Koppel, seconded by Counc. Goldman and passed (3-1) Neg, Dec. for
with Counc. Dean dissenting to approve granting of /I Negative Declaration. l-U-92
It was moved by Counc. Goldman, seconded by Counc. Koppel and passed (3-1) l-U-92
with Council Dean dissenting to deny the application per Planning Commission denied
Resolution 4413 and find that the proposal is not in conformance with General Plan
Policy 2-52.
19
.
Request
denied
.
.
MINUTES OF THE REGUlAR CITY COUNCIL MEETING OF JULY 20,
1992 (CC-841)
(Mayor Sorensen mumed to the dais.)
NEW BUSINESS
27. Consideration of request from Innovative Housing for $3,000 for their Shared
Housing Prog¡am in Cupertino. (Continued from the meeting of July 6, 1992.)
(a) Resolution No. 8668: . A Resolution of the City Council of the City
of Cupertino Authorizing Execution of One Year Agreement Between
the City of Cupertino and Innovative Housing for the Expenditure of
$3,000 from the Affordable Housing Fund.·
Housing and Services Coordinator Norling reviewed the report with Council.
Floyd Meyer said that he had asked Innovative Housing for information. They did
not respond. Mr. Meyer did get their tax number and wrote to Fresno. He has since
received some of their tax mum copies. It was requested that Mr. Meyer give Ms.
Norling a copy of the information he had received.
It was moved by Counc. Dean, seconded by Mayor Sorensen and passed with
Council members Goldman and Koppel dissenting to deny the request for $3,000.
28. Review and approval of the master plan for the renovation and improvement
of sites.
(a) Eaton School, 20220 Suisun Drive
(b) Faria School, 10155 Barbara Lane
(c) Garden Gate School, 10500 Ann Arbor Avenue
(d) Lincoln School, 21710 McClellan Road
(e) Regnart School, 1170 Yorkshire Drive
(I) Stevens Creek School, 10300 Ainsworth Drive
(g) Kennedy Junior High School, 821 Bubb Road
(h) Monta Vista ParIc, 22601 Voss Avenue
(i) Hyde Junior High School
Director of Parks and Recreation Dowling gave some brief comments on the }II.........
used. He stated the task force had held 41 meetings.
Jay Beals. landscape architect, reviewed the goals and objectives. He then p. eJented
the plan for Eaton School site and the changes that had been made as a result of
community participation. The activity area has been moved farther away from the
homes and the jogging track has been placed farther from the street and will not be
implemented until the school is reopened.
MINUfES OF TIlE REGULAR cm COUNCIL MEETING OF JULY 20, 1992 (roMI)
Darlene Thome, 20097 John Drive, said that neighboB 8R concerned. Stnlngen
8R often çoming over the bøck fence. Kids throw things into the yuda from the
trees. She showed Council a beg of items that she bad pielted up in her yard. She
cxp.:ucd conc:em regarding the older children using the field. She bad beco told
there would be no Sunday play and if problems do occur the residents can come to
City Council. She stated that those in the neighborhood do use their yuda and seme
have pools. She requested that Council cut the proposed field size to the same size
as thœe on the other sites. Then it would not !ItInK:t the SCH:aIled pirate 1-".-.
She urged that it be made 6OxlOO like the rest
Bob Jachcns, a member of the task force, stated he was active in soccer. It is not
quite accurate that all the other fields 8R 60x I 00. He stated there 8R not many
opportunities for a 70x 110 field. This is one of the few places. Pirate leagues will
use a 60x I 00 field. He recommended that Council authorize the building of the field
as planned.
Joan Banam, Cupertino Union School District Board member, said that the District
had reviewed the plans and they were impressed with the City's responsiveness to the
School District's needs. The neighboB' needs have been considered. The plans meet
the School District's needs.
The discussion was brought to the City Council.
Mr. Viskovich said that by spring of next year the bidding should be complete and
Council can then consider what can and cannot be done.
Phil Devin, John Drive, asked what approval of the master plan would do. He was
informed that it would allow for preparation of construdion and bid documents. It
authorizes approximately $240,000 be spent for the design of the documents.
Council will vote on this item again prior to going out to bid, then if after any bids
8R received they would vote to award or reject the bids. Council will decide
whether or not to eliminate sites or to space bidding on sites over a period of time.
However, this would not necessarily save money.
Mr. Beals stated that he was satisfied that the changes made on the Eaton site do
address the concerns of the neighborhood except for reducing that one field. He did
recommend Council approve a 70x II 0 yard field
It was moved by Counc. Goldman, seconded by Counc. Koppel and passed Eaton School
unanimously to approve the plan submitted for Eaton School site æ presented with
the overlay.
It was moved by Counc. Goldman, seconded by Counc. Koppel and passed Plans approved
unanimously to approve the plans for all other sites.
2J
MINUTES OF THB REGULAR CITY COUNCIL MBETlNGOF JULY 20.
· 1992 (CC-84I)
Director of Finance Snyder' told Council tbIt boad tiDIøciDs is available with ·
variable interest rate and staff is JW"lllmeodiøs tbIt CouøciI b"..vw SS million 8Dd
authorize investing the peocccds.
Authority to
borrow
$5 million
Opposed SB
797
·
·
It was moved by Counc. Goldman, .C('(Ir"Md by Counc. Koppel and plSled
unanimously to grant staff the aJrtbority to proceed with bu.."w~j SS million and
investing the XlXeeds.
29. Discussion ofSB 797 (Morgan), rqponal govcrmnent. (Counc. Koppel)
Counc. Szabo moved that the City go on record 85 opposing SB 797.
Ann Anger, Monta Vista, expressed Iupport for Councir. opposition to regional
government
The motion was seconded by Counc. Koppel and adopted UDaDimOUSIy.
Mayor Sorensen wiD write a letter exprasing Councirs pœition.
WRfITEN COMMUNICATIONS
30. None.
ORDINANCES
31. None.
RESOLUTIONS
32. None.
STAFF REPORTS
33. OraIle >Ortl by staff members - None.
COUNCIL REPORTS
34. Mayor Sorensen stated that two abandoned sites in Cupertinc appear to have
excess weeds. These an: the red ~k building on the comer of Stevens Creek
Boulevard and DeAnza Boulevard and the former site of the Post Office.
MINUfES OF11JE REOOLAR CITY COUNCIL MEEI1NOOF JULY 20,1992 (00.141)
35. Counc. Szabo requested that It8ff look Id the sipallld Highway 280 -
DeADza Boulevard and at'" _eel ~ reprding the few can getting lb........
various intcnections.
37. C-. Goldman .keel for poe...,I;..1 dares for the D6Xt joint meeting of City
repn.'IeII1Ih'iv-'l wid1lChooI...cs .1>III'VCl.
38. Santa CIa.. County Tuulsp....~Oß C.nmmiuiOll, Executive Committee .
Counc. Koppel stated Ihat San Jase .CfXf....I\.oI>.a bad voted apinat November's
Measure A She also announced that on BesIt the Backup Day, September 17, ·
concert will be held at the amphitbealcr at the SOllth eot comer of Stevens Creek md
DcAnza Boulevards.
At 12:35 a.m., Tuesday, July 21, the meeting was adjourned.
¿.
23