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CC 12-03-84 þ cm (11 w1'_.J.ukI. STArK OF ~ 10~ torre A.enue, Cupertino, ca 95011 Telapbone: (1108) 252-1J505 HIIIUTES OF TBB RBGULAlt crrr COUICIL MDTDO RBLD 01 DECfIMBBR 3, 1984 ø DB COIJICIL ClWCBBR, CItr HALL, cur4ld.wu. CALIFOUU cc-HO Mayor JohDaoa called the _t_ to order at 6.115 p... in the Counoil Chsllber, City Hall. SALUTB TO TBB FLAG ROLL CALL Couno. Present: JohDaoa Gatto, Pl\IIICF. lIo&ers, Sparks, MaJor ~ starr Presentl Clt, Manager Quinlan C1t, Clerk Cornelius Direotor ot Publ10 Works 'Ullørtcb Director or Plann1lll and DP-1 _ nt. Sisk Direotor ot Finance Sn,der Director or Parks and ReoreaU- Dov11nl Assistant to the City Hanaþr ~ Cit, Attorney 1Ci11an POSTPOIIIiMEIITS OR IIßW AGENDA ITBIIS By ooasenaus, Counoil oontinued ne. 2 to the aeet1nl or Janus!')' 7, 1985. Item continued STAl'I' REPORTS 1. Oral reports by statf _bers 8M! subll1ssioa ot wri tten reports, City Manager's RepOrt Proposed policy for vai v1lll 1'_ - It was aoved by Couno. Gatto, seconded by Counc, Sparb.me! passed unaniaoWlly to approve the repOrt as submitted. Waiver of fees Truck aooess issu~ - It vas 8O.ed by Counc. Sparks, seoonded by Counc. Plungy and po'-ed unan1aoWlly to reter the ..tter to staft for reco..--.Jlation anel schedule ror the meeting of December 17, 1984, Truck access þ City Clerk's Report Advisory CoaIII1ttees - By cons-"", Council accepted o.ynda Swanson':. resignation effective December 15. Applications will be accepted for Cable Advisory CoaIIIittee and two Res i;nat ion from Cable COlDlllittee _1_ . Highway 85 -:~r'."" _">~'P:;?""" "":''''G'{':''''.~....~' . IWIV"J"~ or THB )BClMBIJI 3, 1984 CITY COUIICIL MEBTIMG reo,oUIII oCllB1 tt.. posi tions until January 11. Intenl..s nIl be oonduoted January 21. 2. Report on Sheritt's Depart.ent warrant servioe oosta. 1983-84 tiaoal yeer. Continued to January 7, 1985. COUJICIL REPORTS _. Couno. Gatto - Ø1gbway 85 Task Foroe - By oonsensus, Counoil directed that the Highway 85 OOllpletiOll t1lletable be publiahed in the Cupertino 9Cene, It vas aoved by Couno. Gatto, seconded by Gouno. Rogers and passed unaniaouslJ that a lette,. to sent to the Board of &Jpervisors reo~ing &ppointment ot Supervisor MaKenna as )istriot 5 representative to the Polio, Advisory Board. Q)SEIIT CALEHDAR Consent Cal- It vas !lOved by Gouno. Gatto, seconded by Goune. Rogers and endar approved passed unan1mouslJ to approve the Consent Calendar as subllitted. . . 8. Resolution No. 6451: "A Resolution or the City Gounoil of the City of Cupertiro Allowing Certain Claima and Dslands Payable in the bount and rl'Oll tho! Funds as Hereinatter De~ribed for General and Misoellaneous Expenditures for the Period Ending November 9, 1984." 9. Request tor waiver ot busiaesa 110ense rees: (a) Citizens Action League (b) Northwest Valley Y's Hen's Club. 10, Resolution Mo. 6456: "A Resolution or the ~ity Council of the City or Cupertino Approving Contraot Change Order No. 3 For DeAnza Boulevard and Homestead Road Tratfio Signal Modifioation, Project 85-04," Vote Members or the City Counoil AYES: NOES: ABSENT: ABSTAIN: Gatto, None None None Plungy, Rogers, Sparks, Johnson -2_ MIIRJTBS OF TBB DBCBMBER 3, 1984 CIn COOhCIL MiŒ1'DIO · ITBMS RBlÐYEÐ FJI(Jf COIISBNT CALBRDAR 11. lone. ORAL COIfUIIIC1TIORS 12. ReoogDition ot volunteers tor ~e1r oontributlon to Cable t!lutn_l 30 - Gove~t 1000118 - -CUpertino Insight.- Ma,or JobDaoa presented proolamations ot appreoiatiOll to tile volunteers present. The Cit, Clerk will torvard the ProolalUtions to those not present. 13. Mellbers ot the audience regardinS matters not 011 the agenda. None. PUBLIC HBARIIIGS 14. Consideration ot an ordinance regulatinS _okinS. Mayor JohnsOll explained the purpose ot the eveninS's hearinS and set paraaetars tor input, · Assistant to the City Manager Brown answered questiOlls trœ Counoil. Robert Quigley troll the Aaerican Canoor Sooiet, l11'Ied Counoil to adopt an ordinanoe. lie requested that Counoil give serious oOllsideration to DOn _oking in the workplaoe as it would take the _ployer out ot the lliddle ot a potentiall, unpleasant SituatiOll. He suagested Counoil ooasider the Mt. View ordinance with a non d1sor1lll1nation olause. Dr. Riohard Borisan, radiation therapist fro. B1 CaII1no Bospital, stated that the City ot San Jose had tried vOluntary coapliance, but it did DOt work. CaDpanies ~ll obey the letter of the la" but will not tapose selr-restrictiona, He enoouraged Council to pass an ordinanoe s1lll1lar to Mt, View's. Charles Manson, Saoramento, Non-Smokers Rights lawyer, presented Counoil with a handout and stated he vas willing to work with starr to draw up an ordinance. · Darlene Thome, Cupertino Chamber or CODlDeroe, suggested that Council consider an ad hoc committee to study the issue with representatives from both small and large businesses as well as those people speaking Juring the pub:ic hearing. -3- ":'~..~".( Procl8118tions for volunteers . . Public hear- ing closed OF TBB DBCIiHBBR 3, 19811 CITr COIJIICIL MEftI1lG Jaok Sohrad~l', GoYO!'IIII8IIt Relations Consultant, Npre_~1III a tobaoco li..., stated that 97' ot the lI&IIutaoturel'll IJ'OUP had a poliOJ v.l.thin go de,s ot request. He express.1 the opinion to COI.lDOil that they bad tive alternativ.. tI'CII whioh to obooHI 1. A punitive _sure. 2. A restriotive _sure. 3. VOllII'.t!&ry ooaplianoe. 4. Foration ot a o~ttee. 5. Do nothing, Margo Leathers troa the Allerioan LuIIg Association stated that passive SoOkin& 18 a health risk and that the Association bad worked in the City ot San Jose tor three Y"I'II with OOllpaniea to adopt a voluntary program. She also volunteered her uaiatanoe to the Cit, or ()Jpertino. Bill Fletoher, a resident ot Cupert1ßO, stated that workers do have a need tor protection. Bill Rook, City ot Cupertino. expressed the opinion that governaent should not get involved in every aspect ot a person's lite. Ed O'Dwyer, Aaerioan LuIIg Assooiation, stated that 86' ot Calitornians teel that saoking in the workplace should be regulated. He urged Counoil to enaot an orC:inance s1a1lar to Palo Alto's. Charlie SavaSe, dunnyvale, int'ol'llOCl Counoil that he worlce In Mt. View and that he had worked v.l.th top JII&I1a8_t to regulate saokina in the workplaoe but round no oooperation until the City's ordinance vas passed. Marty Hiller, Cupertino, stated that volunteer progrllllS do not work as there 18 no econOllic inoentive. Since -parties cannot workout the probl", an ordinanoe is needed. It IRS !lOved by Couno. PlUll81, seconded by Couno. Rogers and passed unaniaously to olose to the publio hearing. Council V8a intol'llOCl that the City ot Cupertino does presently have an ordinanoe in ettect that regulates saoking in elevators, publio _ting places, hospitals, theaters and restaurants serving 50 or !DOre persons, <¡moking ord. It was !lOved by Counc. Sparks, seconded by Counc, Rogers and to be prepared passed with Counc. Gatto dissenting to prepare an ordinance pertaining to mandatory regulation or smoking, . Counc, Sparks and the City Manager were directed to drart an ordinance. Council requested that the drart ordinance be placed with their agenda material pertaining to the January 21 meeting and that a public hearing to consider enactment or that ordinance be scheduled ror the meeting or ?ebruary 4, 1985, _4_ . m.UXIlò:t OF THE DBCBHBBR 3. 19811 CI'rf COUJICIL KEB'lIllG nv IlUSIJIBSS 19. COnsideration 01' setting a public hear1nl to repeal ex1ating ordinanoe "'1\I1&tilll parking ot reo....tional vehicles. . Bill *"'-y, 211121 Milt'oN Drive. Cupert1Do. int'orMd COuncu that he doea enD a lI1ni...otorhOM vb10h he CWIIIot park on his propert,. At this t1llle he keeps 1t on a storage lot. Be asked should Council not ...peal the p...sent ordinance pertaining to oversized vehicle' or enact IIIIOther one, we... they P¡'Opared to ent'oroe 1t un1toral,. Be stated that he did ·not teal the Cit, cou'.d att'ord it and should a 80... ...strictive ordillance be rec~nded the cost ot entor_t should be known at such tille &II a publio hearing is held. Public hea....- It vas ISOVed b1 Counc. Sparka. seconded by Couno. Gatto anQ ing to rp.pc..l paaaed uuanillousl1 b1 those present to set a public hearing o....d. re ,>arlr.- to repeal the existing ordinance. Said public hearing rill ing of over- be Inld on Februa", 18, 1985. sized vehicles 20. Cloã~ Ù:.r dua¡es filed by Edward Wiener. Wiener claim a.ved Res. 6457 adopted Res. 6458 adopted . It vas 80ved by Couno. Gatto, seconded by Counc. Roge... and paaaed unanimously b1 those present to po, the ola1a in the aaount 01' .50 upon 3xecution ot a general reI_H. 21. Approval ot 19811-85 Water Budget aDd setting public h_ring to oonsider a rate inorease. (a) Resolution No, 61157: '1 A Resolution or the C1t}· Counoil ot tbe City ot Cupertino Approving the Water Budget 19811-85.- (b) Resolution No. 61158: - A Resolution or the City Counoil ot the City 01' Cupertino Setting T1IIIe and Plaoe tor Publio Bea~ing to Consider a Raise in Wllter Rates.- It vas ISOVed b1 Counc. Sparks, seconded b1 Couno, Gatto and passed unanilloualY b1 those present tc adopt Resolution No, 6457. It vas IIOVed by Counc. Sparks, seconded b1 Couno, Gatto and passed unanimously by those present to adopt Resolution No. 6458. 22. Request for approval to proceed with bidding ~ City properties: (a) Pasadena property. (b) Three Oaks Park luts. (Hay require closed session). -6- . ma¡;.Aòt or TBB DBC1!MBU 3. 198" CITr CouøCIL MBmIG ØellOlutioo No. 61162: A Besolutioo of the City COUnoil of the City of CupertiDo &lpport1Dg a TecbnolOØ Center of SÜloon 'aUe, at Mountain View.- It was aoved by CoUDO. SparIca, secc,oded by COUno. Plun., and pasr..cl with CoUDO. Gatto abstaio1Dg to adopt Øesolutioo No. 6462 support1Dg Mt. View as the location for a tecbnoloØ oenter. (Cit, Clerk's Note. COUno. P1UDS1 left the m&et1Dg at 8.15 p...) 15. Consideration of ,. inorease in the transient oooupanoy tax. Ca) First read1Dg of OI'd1naDoe No. 1294: -An Ord1naDoe of the City of Cupertino Allend1Dg Chapter 3.12, Transient OooUpaDOJ Tax, or the Cupertino Muniolpal Code.- Walter liard, General ~þI', 'a11oo Park, inforaed COUnoil that VaUoo ia in the late stale of negotiating for a _jor hotel. Be expecta the hotel to be read, to aooept guests In 1987. He ~·,..ted tllat CoUDoil delaY any inor8£lIe in transient ooouJIWIOJ tax tor ooe IlOl'8 ,ear. . Darlene Thorne, Executive DiNOtoI', Cupertino Chaaber of ec:-erce, also requellted Counoil table this itea tor ooe year. It was aoved by CoUDO. Sparks, lIeoonded by CoUDO. Rogers and passed unanaausly by those pre"eot to olose the publio heer1Dg. CoUDO. Gatto WIIOt 011 reoord stat1Dg that he is in agre_nt with tabling IIlIJ Inorease ror one ,ear onl,. It was IIOVed by CoUDO, Rogers, seconded by Counc. Gatto and passed unan1aoualy by those present to take no aotion at this t1ae but to br1Dg the _tter baok in one year. PLANNIHG APPLICATIONS 16. None ARCHITECTURAL AND SITE APPROVAL COHHITTEE APPLICATIONS 17. None UNFINISHED BUSINESS . 18, None -5- I I I ..., 6462 adopted !'ubl1c hear- ing closed No action on transient occupancy tax for one year .w.uxu or !D I«:V". 3, 19M CITY CCUlCIL "UUIRI It vas !lOved bJ Couno. Getto, seconded by Couno. lIoCen and paaaed unanS-ly by those present to approve t!".e bid d~ts, to aooept appraisal reporte as 81n~ b1d1S and to oonduot bidd1D& ~ltaneoual, with tile C1ty Counoll _ting or P'e""-"1 18, 1985. 23. Report - II1te rap Vall and ParkinS Lot - Publ10 1u1sanoe. A1 Chappell, Lake Blltacre Apar~ts, requested tllet Counoll interv_ In the probl.. as it vas not beinS solved. J_s Bowen, rr-tlleua DeveloPMDt. Property Manager ot Lake Blltllore lpartaents, stated that the R1te rap should tix the vall as it is not ProMtheua's _11. Bill Mendelhall. NPNseating the lite rap. seld that when the issue .a bI'oUSbt to court tile judp stated that the ooets should be 50-50 betwa the lite rap and Prometheus. He stated that tile lite rap IoU v1ll1ng to pa, halt tile oost ot replaoinS tile ten". By consensus, c.o.-ll direoted the Mayor to _t with R1ta tap and Lake B11Wore representatives reprdinS parking lot dust and vall. 211. Report 01\ bid opening, DPV 85-109, la_ -*Or, and award or contraot. It vas !lOved by CouDo. Sparks, seconded by Couno, Rogers and paased unan1llloualJ by tbose present to award Iohe oontraot to l'urt and Industrial Bqui.-ent Co. tor the1r low b1d ot $8.767.35. VRITTEIJ C<HroIIICATIOIIS 25. lIone ORDIIIAIICBS 26. Second read inS ot Ordinance No. 1292: -An Ordinance or the City or CUpert1no ...OO1ng Chapter 2.08.080, Method or Preaenting Matters to Counoil, 0: the Cupertino Hunioipal Code.- It vas !lOved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously by those present to read Ordinance 110. 1292 by title only and the City Clerk's reading to oonstitute the second reading thersor. þ It vas moved by Counc. Rogers, seconded by Coun~, Gatto and passed unanimously by those prel'lent to enaot Ordinanoe No, 1292, -7- lidding on City property Nite Kap wall Contract to Turf & Indus- ~cial equip. Second reading of Ord. 1292 Ord. 1292 enacted OF tBB DICBMBE1I 3, 1984 GIn COOIICIL MBBTIIG RESOLutIONS . 27. Molle NON-AGBllDA BUSIRBSS 28, Beoo8D1t1on II)' Hayor or special requests. (a> General Audienoe - Ikme. Study session (b) Cit, Counoil - Counoil stated that the City Counoil/City KaDager stud, ..ssion soheduled tor WedDellday, December 5 at IhOO p... lIOuld be held at MaClellan llanch Park. CLOSED SESSIOj At 8:45 p..., Counoil adjourned to the Oonterenco Booa tor a ;)losed session to dlllouss Ut1ga~iOll with the Cupert1no Sanitary Dlstriot. . Counoil reoonvened In Chl.2ber at 8:50 p... Tholle prellct were Counoi~berll Gatto, RoIers, Sparks and Hayor Jolmaon as well as City Hanaser Quinlan, City Clt.rk Cornelius, Director ot PJ.""1'11 aDd ))evelopaent Sisk and Cit, Attorne, lilian. The City Attorney announced that DO discussion bad been bald in closed "ss:.on but Counoil had received the status ot pending lit1gat1on. At 8:51 p..., CoUDOil adjourned to 4:00 p.II., WednesdaY, Deoember 5, 1984, MaClellan llanch Park. ~A ~¿... ëït~~ . _6_ " It I . CITY OF CUPERTINO. S~ATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CllY COUNCIL FOR STUDY SESSION HELD ON DECEMBER 5, 1984 IN THE CONFERENCE ROOM OF THE MCCLELLAN RANCH PA~K BUIL~ING, CUPERTINO, CALIFORNIA Mayor Johnson called the meeting to order at 4:00 p.m. In the Conference Room of the Cupertino Parks & Recreation Office Center. ROLL CALL CO'Jnc. present: Gatto, Plungy, Rogers, Sparks Johnson Staff present: City Manager Quinlan Issues papers previously presented to the City Council were discussed and consensuS by the Council on each Issue Is as follows: 1. Civic Center The question of modification and expansion of the Civic Center was an issue and dlscussi~n was deferred to December 17 when the Space Utilization C<~ittee is to report to the Council. 2. High School Closures The question is whether to designate in advance possible City use of any high school sites prior to closure of such schools. Council consensus is to make no studies or take any position on closure at this time, 3. Redevelopment Agency The question is whether to consider further for purposes of con- verting older single-family housing areas into higher density to supply more and moderate income housing. Council by consensus agreed to pursue only to look into legality of including some areas, possibly outside the City limits but in the sphere of influence, as well as schools in those areas for consideration. 4. Community Center Discussion is deferred on this matter to the December 17 meeting for a report from the Space Utilization Committee. 5. Route 85 The question is whether to develop alternative plans should Saratoga and/or Los Gatos not allow the freeway to be constructed in their cities. The City Attorney is re~uested to research Measure A to d~termine the City's authority on this matt~r and direct access to De Anza College. . . . MINUTES OF THE OECEMBER 5. 1984 CITY COUNCIL MEETING . 6. Reeyel ing The City Council deferred action on this matter for a report from the Recycling Committee. 7. T-2000 The question is what role the staff should play in respect to T-2000 study. Councllmember Gatto explained the program in detail. The consensu~ of the Council is staff should not take any greater role than presently assumed. 8. Open Space The question of whether we should have a more definitive open space plan to pre-determine what schools, If closed, would be considered for acquisition for open space was discussed. General consensus of the Council is that the General Plan is sufficient and should be reviewed first before considering any changes. This is a low priority item, but If we do amend the General Plan, this matter should be reviewed as ~Il as ~onsideration of high schools at that time. 9. Police and Fire This was placed as an issue item merely because of the annual review required ~y the Council. The question that arose during discussion is why the increase in fire calls after paramedic service was institu:ed. 10. Cost Center Council decided to review the report of the consultants at the same time the budget is being reviewed. Executive summary should be supplied to the Council on this report. 11. Excess Fund Balance Due to fund balance ment of reserves for and self-insurance. ing reserve funds at in existence: increase, the question arose as to establish- such items as infrastructure replacement Council consensuS is to cons:der the fol1ow- budget time, if such excesses are still 1) General I iabi I ity 2) Hedical insurance costs for retired employees (this is a required obligation) 3) Infrastructure replacement 12. Building Fees on Subsidized Housing Counei] consensuS is to defer this matter for a view of economic factors and housing costs for the proposed Decembe~ 17 date for theo BMR repor' At 9:45 p.m.. the meeting was adjourned to a Ceuncil to be held on December 17. 1984. 0~_H~e:i~~ of the ts ~N~ City '\} ~ -