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CC 01-18-94 , þ CC-872 MINUTES Adjourned Regular Meeting City Hall Council Cbamber January 18, 1994 Legislative Review Committee - 6: 1 5 p.m. - Conference Room A PLEDGE OF ALLEGIA.1IiCE Mayor Koppel led the Pledge of Allegiance, and called the meeting to order at 6:48 p.m. in the City Council Chambers, 1 0300 Torre Avenue. ROLL CALL Council members present: Jolm Bautista, Don Burnett, LauraIee Sorensen, Wally Dean. and Mayor Barbara Koppel. Council members absent: None. þ Staff Present: City Manager Don Brown City Clerk Kim Smith Public Works Director Bert Viskovich Community Development Director Bob Cowan Administrative Services Director Blaine Snyder Parks and Recreation Director Steve Dowling City Attorney Charles Kilian Public Infonnation Officer Donna KIey CEREMONIAL MATIERS - PRESENTATIONS Proclamation recognizing School Health Week and School Nurse Day on January 26, 1994. Mayor Koppel presented the proclamation to Ms. Katy Waugh and Ms. Teny Tellup. ORAL COMMUNICATIONS Ms. Rhoda Fry, 10351 San Fernando Avenue, displayed a bucket of golfba11s which she had found on her property over the last six months. She ~~ concern about the hazards it created for her family, and noted that she had nearly been struck by golf balls three times. She!J8id that her previous contacts with staff had failed to rectifÿ the problem and she asked Council to consider raising a second fence by the tee to prevent future injuries. Ms. Fry also discussed a claim which had been rejected by the City regarding damage caused to her property when an oak tree fell and """"'ged her fence and landscaping. She noted that the estimate for repair at the time of the claim was . $6,000 but would now be more expensive. . . . . ." " January 18, 1994 Cupertino City Council Page 2 The City Attom(y explained that her claim regarding tree damage was handled by a an insurer for a consortium of cities under the auspices of the Association of Bay ~a Govcmments (ABAG). The adjuster apparently felt that the claims were not warran\cd and therefore the City rejected the claim. He said that the Council should not discuss the merits of the claim because there was potential pending litigation, since that was the next step for Ms. Fry to take if she so choo$es, and there was a pending claim regarding the golf baIls as well. The City Manager suggested that Council may wish to have a more thorough briefmg in closed session with the claims adjuster. Counc. Bautista asked that staff provide a full briefing on the facts of the$e issues. Council directed staff to address this issue at a closed session in two weeks. CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanimously to approve the consent calendar as submitted. 1. Review of application for Alcoholic Beverage Control license for Main Street Califomia, Inc., 10343 North Wolfe Road (formerly TGI Friday's). 2. Monthly Budget Update and Treasurer's Report, December, 1993. 3. Monthly Activity Report, December, 1993. 4. Resolution No. 9013 : "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending December 22,1993." 5. Resolution No. 9014: "A Resolution of the City Council of the City of Cupertino Allowing Ct'rtain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditure!J for the Period Ending December 29, 1993." 6. Resolution No. 9015: "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 7,1994." 7. Resolution No. 9016: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending December 29, 1~3"" January 18, ",994 Cupertino City Council Page 3 . 8. Resolution No. 9017: "A Resolution of the City Council of the City of Cupertino Adopting a Schedule for Citizen Participation for the Twentieth Program Year {I 994-95) Community Development Block Grant (CDBG) Program." 9. Approval of minutes of the City Council meetings of December 13, 1993, and January 3, 1994. 10. Resolution No. 9018: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Cooperative Agreement No.6-CUP Between the City of Cupertino and the Santa Clara County Traffic Authority for Route 85 Signal and Intersection Modifications at Stevens Creek Boulevard and DeAnza College." 11. Resolution No. 9019: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights ftom Lotus Development Company, Tract 8585, San Fernando Road." 12. Resolution No. 9020: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Memorandum of Understanding Between the City of Cupertir,,) and Santa Clara Valley Water District Regardin(; Existing and New Storm Water Infiltration Devices." . ~ Members of the Ci~ Council AYES: NOES: ABSENT; ABSTAIN: Bautista, Burnett, Dean, Koppel, and Sorensen None None None PUBLIC HEARINGS 13. Public hearing regarding annual renewa1 of bingo permits: (a) No.~hwest Valley Y's Men's Club, 20803 Alves Drive; (b) Sl Joseph of Cupertino Ch.U'Ch, 10110 North DeAnza Boulevard; (c) International Order of Odd Fellows, Cupertino Lodge #70, 20598 Homestead Road. Mayor Koppel opened the public hearing and no individuals wished to speak. The public hearing was closed, and it was moved by Counc. Dean, seconded by Counc. Burnett, and carried unanimously to renew the three bingo permits. . þ . þ . January 18. 1994 Page 4 Cupertino City Council PLANNING APPLICATIONS 14. Appeal of Director of the Community Development's decision to grant a one year exten.~ion of a temporary storage building located at 10594 South DeAnza Boulevard per Application No. 39-11-83 - Rosalind Cardia (Byer Properjes. property owner), Eugene and Susan Adrian, appellants. The Community Development Director reviewed the report. Written communications had been received from Ms. Adrian, the appellant, who said that she and her husband objected to the storage building and that the applicant was performing contracting at the business. Ms. Rosalind Cardia, 10594 S. DeAnza Boulevard, said she was the owner of the Plul1lbing Bank. She exphined that it was the retail side of the business, and the same employees also comprised Cupertino Plumbing, which did contracting work in customers' homes. She showed slides of her business. parking lot, storage container at the DeAnza Center, and the adjoining residential area. Ms. Cardia explained the improvements she had made in response to Ms. Adrian's concerns. She showed additional slides of parking lots and storage sheds by other businesses and said she believed the intent of the General Commercial ordinance had been to exclude heavy equipment, heavy machinery, large areas of outside storage, and on-site prefabrication, which the Plumbing Bank did not have. She asked for assistance in interpreiing the ordinance, and then to have the documentation to support the interpretation. The Community Development Director said that an extensive general contracting business would not be acceptable there, but that incidental plumbing connected with a retail business was okay. He said there may be a way to allow the current business to continue pending the ordinance. Mr. Jolt'l Statton, representing the Cupertino Chamber of Commerce, asked Council not to support the appeal but to allow the Plumbing Bank to retain their storage ~,hed for the remainder of the permit period. He also asked that Council address the interpretation problems with the General Commercial ordinance to remove the ullcertainty. He noted that the Plumbing Bank was meeting some very strict performance standard!J and had worked with the neighbors to accommodate them. The City Attorney said that the Council may decide in the future that the plumbing shop definition should be changed to allow this kind of use, but in the interim they may wish to direct that this particular activity not be prosecuted until the definition of GCi1eral Commercial uses is clarified. The Community Development Director said that he agreed with that recommendation. January 18. 1994 Cupertino City ColB1Cil Page S þ It was moved by Counc. Sorensen, seconded by Counc. Bautista, and passed unanimously to affirm the Planning Director's decision to (\) Allow a one-year extension for the storage building and the initiation of a public hearing to evaluate the General Commercial zone and perfonnance standards; and (2) That the Plumbing Bank not be prosecuted for performing plumbing contracting until the definition of plumbing shop has been clarified by a change in ordinance. NEW BUSINESS 15. Award of contract for Phase ß Blackberry Farm Water and SanitaJy Improvements, Project No. 94-9105M. The Public Works Director reviewed the report and announced that the lowest bidder came in below the engineer's estimate. It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanim:>usly to award the contract to Lowery Engineering in the amount of $42,850 based on the lowest bid, and to authorize a 10"10 contingency of$4,300 fora total project cost of$47,150. þ 16. Consideration of recommendation to modifÿ the composition of the Affordable Housing Committee by removing the City Council and Planning Commission representatives, and to consider the role of staff as non-voting members of t!le Committ~. (a) First reading ofOrdinanÅ“ No. 1641: "An Ordinance of the City Council of the City of Cupertino Ameniling Chapter 2.86 of the Cupertino Municipal Code to Modify the Composition of the Affordable Housing Committee. " The Community Development Director reviewed the reasons for the proposed ordinance amendment which was intended to reduce the chance of conflicts in policy. It was moved by Counc. Dean, seconded by Counc. Sorensen, and passed unanimously that the reference to Planning Commission, City Council, and the Finance director as members should be deleted. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously that Ordtnance No. 1641 be read by title only and the City Clerk's reading would constitute the fir3t reading thereof. The City Clerk read the ordinance title. 17. Selection of dates for filing deadline and int~ews for Affordable Housing Committee. þ The City Clerk reviewed the report. Staff was directed to set the deadline for applications on Friday, February 18, and to arrange the City Council interviews for Tuesday, March I, 1994, in Conference Room C at 7:00 p.m. January 18, 1994 Cupertino City Council Page 6 . 18. Consideration of request fÌ'Om Summerhill Homes to set a public hearing for a General Plan Amendment to change the designation of APN 326-19-117 ftom CommerciaIlResidential to Residential; property is located at 21875-21881 Stevens Creek Boulevard. Environmental Determination; Categoricaily exempt Recommended for approval. Tbe Community Development Director reviewed the report. It was moved by Counc. Dean, seconded by Counc. Sorensen, and passed unanimously to schedule a Genera1 Plan amendment hearing out of the nonnaI General Plan amendment sequence. 19. Report ftom Steve Sparks, Re!'idents Against Noisy Trucks (RANT) regarding Kaiser Cement Corporation truck traftic (continued fÌ'Om meeting of December 6, 1993.) . Mr. Earl Bouse, representing )(a.her Cement, made a slide presentation which included previou:; City Cour.;;il direction, the alternatives which have been attempted to respond to complaints, how the hours of operation are driven by consumer demand and traffic impacts, the reasons why rail did not provide feasible solutions, and why Redwood City Terminal could not handle additional volume or type of cement Mr. Bouse stated that specifically they iuod repaired the road and lowered a man-hole to eliminate noise fÌ'Om trucks when they bounced over it, undertook a sound study which was terminated by RANT, reopened their offer to pay for sound walls for neighbors who didn't participate 15 years ago, conducted an off-site terminal study, and retained Santa Clara sheriff reserve officers to work on neighborhood traffic enforcement until the photo-radar system was in place. He !laid their future plans included utilizing the photo-=adar system, pursuing .-iil1g edge technology to reduce noise fÌ'Om traffic by altering wind shear or road surfaces, and attempting to shift as much traffic as possible out of night-time hours. Mr. Bouse !laid that Kaiser Cement was bearing the burden of public policy made by the City 15 years ago, and even more homes are being remodeled so that their windows are above sound waIls. Mr. Bouse made the following suggestions to the City Council: (I) An acoustical goal be established in the bedrooms where they understand the problem is most acute; (2) Use a Regional Task Force to establish that goal with representatives fÌ'Om the city, county, and affected communities include DeAnza and Stonebridge, as well as Kaiser Cement; (3) Include an independent acoustical engineer who has not previously worked on this issue, and who has been trained or approved by CALTRANS sound specialists; (4) Kaiser will continue tt) provide funds toward noise abatement programs to respond to the acoustical goal. The compa.'ìY will commit $500,000 over the next 10 years. up to $50,000 per year. This would bring their investment in this issue to more than $1 million - which they considered a ceiling; and (5) Kaiser actively encourag.-:s those funds to be matched by the city, county, or others who may benefit from these programs. . January 18. 1994 Cupertino City Council Page 7 . Mr. M. J. Bishop, the President of Kaiser Cement, said that Kai~r had been willing to invest significantly to address this issue, and to date there had been about $500,000 in direct costs and more in intemal resources that had been committed to this matter. He said that Kaiser had been carrying this burden alone, and all improvements were made unilaterally in the face of criticism ftom those who would not meet them half-way. In order to maintain their operation, they must be able to ship at night, and !Ie hoped their presentation demonstrated the lengths to which Kaiser would go to continue to mitigate the problem. Mr. Bishop said that Stevens Creek Boulevard was their only feasible access, and Council must consider that the incompatible land use problem was not created by his company. . Mr. Bouse said that a 25 mile-an-houf limitation would not be a problem as far as Kaiser was concerned, and he explained how the photo-radar system would give them the abilit:, to censure or to work with their customers if the speed limit was exceedt:d. The Public Works Director clarified that it would have to be a voluntary program as far as the signs were concerned, because speed limit signs enforceable by the Sheriff would require an engineering study and a study given to the courts. Discussion followed regarding the appropriate speed limit for Stevens Creek Boulevard near the Kaiser plant, as well as methods of enforcing legal and/or advisory speed limits. Mr. Bouse said that Kaiser would be willing to share the data fium the photo-radar system with the public. He also mentioned that consideration could be given to 2djl,sting the: light at Stevens Creek Boulevard and Foothill to allow a "free left" during evenir.g and night-time hours, which was something that had been suggested by some of the neighbors. Mr. Steve Sparks, representing Residents Against Noisy Trucks (RANT), said he was delighted in the proposals by Kaiser and felt it was a step in the right direction. He indicated that some members of Council and others did not appreciate the seriousness of the night-trucking nuisance, and he invited thern to spend a night in one of the homes along that area. He explained that the main problem was not that there was an increase in traffic, but that there was heavy industrial traffic in a residential neighborhood. They understood that their stand against inside noise measurements was seen as uncooperative, but that stand was taken against Kaiser's implied intent to use the results of the measurements to make building modifications instead of mitigating the source of the: nuisance. Mr. Sparks said they are now reversing their position and they invite inside noise measurements, although they still believe that the impact of truck noise outside must be resolved as well as inside. Mr. Sparks stated that the home buyers knew that the Kaiser plant was there when they purchased their homes, but they did not realize that trucks ran all night. . January 18. 1994 Cupertino City Council Page ¡ Mr. Dan Sarouhan, also a member of RANT, pointed out that a number of acoustical studies had been done in the past which showed that noise levels had not changed even after the sound walls were constructed. The origina1 agreement had been for Kaiser to do some additional sound testing after the sound walls were constructed but it did not take place. In re!JPOnse to a question by Counc. Dean, Mr. Sarouhan said that he supported the idea of a coalition of the COW.lty, City, Kaiser, and RANT to work on this problem. Counc. Sorensen moved to accept the suggestions by Kaiser. Counc. Bautista asked that the phrase "acoustical baseline" be changed to "acoustical baselines", to be established in different locations. He also said he would like to add to Kaiser's proposed list the City's role in cooperating with Kaiser to look at ways of enforcing the speed limit or to provide notice to drivers by granting an easement for advisory signs. Mayor Koppel said that should be done within the Memorandum of Understanding by the task force. Counc. Dean seconded. Ms. Mary Kloss, the co-chair of RANT, said that it seems the issue Council is addressing is one of speed, but RANTs concern was night-time truck noise. Mayor Koppel said all of these issues will fall within the task force's area of study Counc. Sorensen re!Jtated her motion for clarification; it was to take the suggestions offered by Kaiser and create a task force made up of the County, the City, the residents, and Kaiser to study not only these items but the whole issue, which would include speed enforcement, acoustics, and any other methods to help resolve the issue. Counc. Bautista asked to clarify if the City would be corùlDÎtting to match the funds spent by Kaiser. Mayor Koppel agreed that there was no guarantee that any of these items would be implemented. Counc. Dean had seconded, and the motion carried unanimously. The City Manager stated it was his expectation that the County would be the lead agency on setting up the meetings and moving forward on this. Council concurred. Counc. Dean asked that the cardboard recycling bins by the fire station be cleaned up. 20. Ordinance No. 1642: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.20.010 of the Cupertino Municipal Code Designating the City Clerk and Others to Keep and Enter in a Minutes Book a Record of Topics Discussed and Decisions Made in Closed Sessions of the City Council and Planning Commission." The purpose of this amendment is to bring the Municipal Code into compliance with the Ralph M. Brown Act, Government Code 54950, et seq. January J 8, 1994 Cupertino City Council Page 9 . It was moved by Counc. Sorensen, seconded by Counc. Bautista, and passed unanimously that Otdinance No. 1642 be read by title only and the City Attorney's reading would constitute the first reading thereof. The City Attorney read the ordinance title. 21. Reconsideration of the City Council's decision to consider a General Plan Land Use Amendment and attendant hillside policies, including the consolidation of lots of les$ than 5 acres in size. If Council decides to proceed with said amendment there is a request by the Environmental Review Committee (ERe) to e!Jtablish a project scope for General Plan Amendment file No. 2-GPA-93 (Lands of Cecil Mahon) for property located on the west side of Regnart Road, about 320 feet southerly of Regnart Canyon Drive, 22045 Regnart Road. (Continued tÌ'om January 3,1994.) . The Community Development Director reviewed the staff report and displayed overheads showing the hillside areas. He distributed a handout titled "General Plan Amendment Options", and explained that both options 2 and 3 could be selected. He reviewed the policy changes and implications of such changes. The options were (I) do nothing; (2) Consider the amendment of the General Plan to allow additional development on the Mahon property; and (3) Consider a General Plan amendment to delete the requirement which disallows buildings on a lot less than 5 acres if the adjoining lot is owned by the same party (Policy 2-38). Mr. Kirk Hoftinan said he was the attorney representing Mr. and Mrs. Hanggi who owned property on Lindy Lane. He asked that Council reconsider hillside consolidation policy No. 2-38. He said it \\1IS his belief that the policy constitutes the taking of property without the payment of just compensation because it deprives Mr. Hanggi of the reasonable value and beneficial use of his adjacent parcel of property. He showed slides reflecting Mr. Hanggi's house and property and explained that the vacant parcel had been leveled, compacted, provided with driveway access tÌ'om Lindy Lane, and provided with full sewer, utility, and dectrical power, so the only reasonable use for the property was residential. Ms. Kindel Blau, 23005 Standing Oak Court, spoke on behalf of herself and Organization Advocating Keeping St. Joseph's as Open Space (OAKS). She said it would set a bad precedent to dismiss e!Jtablished criteria for the General Plan amendment process. She suggested that Mr. Mahon to re-write his proposal so it did satisfy the criteria, or new criteria should be e!Jtablished. She urged that consistency be maintained because there are other big property owners that might be affected and it could create problems to open up the General Plan amendment process whenever someone felt like it. . JanuaI)' \ß. \W4 Cupertino City Council Page \0 Mr. Morey Nelson, 21801 Stevens Creek Bl,ulevard, said he was a civil engineer representing Cecil Mahon. He reminded the Council that it had been a unanimous decision to open the General Plan amendment process to consider Mr. Mahon's project. He urged Council to refer this matter to the ERC to study the Regnart Canyon area only so that Mr. Mahon's project can progress. Mr. Jon Garliepp, 11690 Regnart Canyon Drive, said he supported Mr. Mahon's request to add one house. The whole canyon should be of a similar density all the way through, and the property there should all revert back to the general hilíside plan ftom 1975-76. Lindy Canyon, containing 15 lots. should be included with Regnart Canyon, which is enclosed by park district on each end and around it, with a quarry behind it. He noted that his home is now considered a non- confonning use, and asked if it were destroyed for some reason, would he be able to rebuild it? The City Attomey explained that there is a process that would allow reconstruction of a non-confonning house. Mr. Garliepp also said that the designation of non-conforming could cause concern to future buyers. He said that he agreed with option three recommended by staff, which was to delete Policy 2- 38. Mr. Cecil Mahon, 22045 Regnart Road, said the reason he wanted to subdivide was that disability prevented him from maintaining the property, and he wanted to sell it for sufficient money to allow him to buy different property not in the hillsides. He said he was reqUf'sting permission to building one more house, and although there were three !:.:Jnconforming houses already on the property, they should have been grandfathered in. He said he planned to sell the property to a developer who could handle the financing, and suggested that the Council require the houses be clustered to retain a large portion of open space. He said that he did not have sufficient finances to perfonn a large envirt'nmental impact report, and he asked for the Council's help. Mr. Phil Zeitman, 22907 Cricket Hill Road, said that Council had developed a hillside policy for all the hillsides in the City, and if the items under discussion at this meeting were granted, it would seem to erode the hillside protection policy. He urged that Council carefully consider the scope, criteria, and implications of their decision. t Mr. Dick Randall, 22348 Regnart Road, said that the current Council did not have the benefit of the Council of 12 years ago when a large porticn of the Regnart Canyon area developed. Sixty-four acres of land owned by the developer were converted to open space, and there are 22.5 ar.res of land that owners of the Regnart Ridge Homeowners Association maintain. When the Council adopted the plan to approve the Regnart Ridge program, it had another 85 acres of land that is in pennanent open space, but those facts are not being considered at tonight's meeting. He said that the other Council took into an environmental impact report which considered the issues now under discussion. Mr. Randall said that he January 18,1994 Cupertino City Council Page 1l . believed Policy 2-38 did constitute a taking, and he noted that he bad a copy to all the Council of the letter that he bad received fium the City which told him that he had to merge the lots. He expressed support for the zoning which had been in place in 1975. Mr. Robert Nellis, 22322 Regnart Road, said he bad developed the upper portion of Regnart Canyon about IS years ago. Prior to that the City had developed the Hillside General Plan EIR, with a hypothetical development plan for Regnart Canyon, and was essentially the way the canyon was develcped except that 64 acres of the upper portion was sold to the Mid-Peninsula Open Space District, which removed approximately II homes which were planned to be built. He urged that the City go back to the zoning that existed prior to the current General Plan, and to make the homes conforming. CLOSED SESSION . At 9:46 p.m., the City Council convened in closed session to discuss signifk.ant exposure to litigation, pursuant to Government Code Section 54956.9(BX1). The City Attorney explained that Mr. Randall, in his last hearing before the Council, indicated that he had secured the services of an attorney and was considerin~ the possibility of litigation, and Mr. Hangii was also rep=ted by an attomey. At 10:22 p.m., Council reconvened in open session. The City Attomey announced that Council had discussed various legal options regarding the requests on the agenda but no action was taken and the matter was now back in open session for a vote. NEW BUSINESS 21. (Discussion continues) The Council members requested that the record reflect their comments, as follows; Counc. Burnett said that a policy was established to determine whether a hearing will be held to modify the Genera1 Plan. He read the General Plan Review Procedure which was included in the backup materials on page 21-4, and said that the decision to proceed should be based upon those findings. He said the policy was so stringent Þel-""~ the General Plan was an important document and should not be changed capriciously or for a trivial reason, or if it did not benefit the whole City. He indicated that Mr. Mabon did not act in time to subdivide his property although others bad urged him to do so, and now Council was being asked to fix Mr. Mahon's problem by changing the General Plan. Counc. Burnett reviewed the fmdings made by the Planning Commission when they denied the request, as shown in Planniug Commission Resolution No. 4472, on page 21-12 of the backup materials. Counc. Burnett said that amendment would be strictly for the benefit of Mr. Mahon and it would not benefit the community, and Counc. . Burnett did not feel it was right to grant the change. January 1~,I994 Cupertino City Council Page 12 Counc. Bautista said the Council was committed to the hillside policy and its goals, but he felt it warranted to look at this issue to detennine the environmental impact of a potential amendment to the General Plan. He said there was also a fundamental issue of fairness considering the fact that it was an historical planning area, and it deserves review. Counc. Sorensen said that Council has a process to do General Plan amendments and if they reopened it, it wO'.tId be brought into the establis1:ed process. She agreed with Counc. Bautista's comments about the Hillside Protection Policy and this is something that should be carefully looked at during the process.. She said she would not do anything to endanger the hillside protection policy, but in faimess, there is a process to address General Plan amendments. Counc. Dean said it would be somewhat of a spot zoning issue as it was now portrayed, and the topic of Lindy Canyon had come up this evening, which had not been mentioned before. If Council were trying to address it in a spot zoning manner or separate section manner, tTom the standpoint of the City they could be in a tenuous legal position. The options presented would need to be in the conservative vein, so therefore it was his desire to uphold the Planning Commission's recommendation for denial. I Mayor Koppel said that she W?'1ted to reopen the General Flan on the Regnart Canyon area. There was an issue of fairness and Regnart Canyon perhaps should have been kept separate tTom the hillside policy because up until a year and a half ago it was treated differently. Mayor Koppel made a motion that Council continue with the re-opening of the General Plan for the Regnart Canyon area, that the item be referred to the Environmental Review Committee since they had requested direction regarding a scope of study, and that the item then be referred (0 the Planning Commi"5ion before coming back to City Council. Counc. Bautista seconded, and the motion carried with Counc. Burnett and Dean voting no. The City Attorney said that a companion motion would be to refer to the ERC and Planning Commission for consideration the removal or deletion of Policy 2-38. Counc. Sorensen so moved and Counc. Bautista seconded, and the motion carried with Counc. Dean voting no. COUNCIL REPORTS Mayor Koppel said that Thursday night they would be voting for a new chair and vice chair of the Policy Advisory Committee of the Congestion Management Agency. She had postponed a meeting "ith the Santa Clara County Cities Association regarding an agenda for the new State Senator Tcm Campbell. Mayor Koppel said that she and the City Manager would also be meeting with other representatives of the Library Committee with the Mercury News and Rob Elder. There was also a meeting scheduled » .' . . Jar;uary 18, 1994 Cupertino City Council Page 13 with the West Valley Mayors and Managers, and one item for discussion was the grand opening of Highway 85, which was scheduled for October IS. She asked that Council contact her if they had any ideas for the celebration, and to consider tying in the community parade with the highway opening. Counc. Dean said that at the Emergency Service meeting they were very concerned about the upcoming world cup soccer event, which was sold out Traffic and law enforcement protection would be taxed. The City Manager reviewed the items which had been considered by the legislative Review Committee prior to the Council meeting. The Committee recommended (I) Supporting AB 443, removing cities' responsibility for checking contractors for their Worker's C"!!!~ensation coverage; (2) Supporting AB 688 which would change enforcement provisions of AB 939, an omnibus recycling garbage reduction bill, which had contained severe cash penalties for day for not complying with reduction requirements. AB 688 would impose penalties if the City were willfully or intentionally violating the requirements, and if the City had made substantial compliance and making a good faith effort, the pena1ties would not be charged; (3) Supporting AB 13, a smoking and tobacco control bill which provides a stronger State-wide ordinance but allows cities to go further if they wish. The Sta:e ordinance would exclude ftee-standing bars, parts of hotel lobbies, and hotel sleeping rooms. Co.mc. Dean moved that the Council support the recommendations of the Legislative Review Committee. Counc. Bautista seconded, and the motion carried unanimously. Mayor Koppel described the opportunity she had to welcome Vice-President Gore to Cupertino, and noted that the County had agreed to share the cost of Sherift's Department coverage. ADJOURNMENT At 10: p.m. the Council adjourned to Tuesday, February 1, 1994, at 7:00 p.m. for interviews with applicants for Planning CommiS$ion and Bicycle Pedestrian Committee. ~~~ Kim Marie Smith City Clerk