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CC 02-07-94 þ MINUTES Adjourned Regular Meeting City Hall Council Chamber February 7,1994 CC-873 PLEDGE OF ALLEGIANCE Mayor Koppel led the Pledge of Allegiance, and called the meeting to order at 6:45 p.m. in the City Council Chambers, 10300 Torre Avenue. ROLL CALL Council members present: Jolm Bautista, Don Burnett, LauraIee Sorensen, Wally Dean, and Mayor Barbara Koppel. Council members absent: None. Staff Present: City Manager Don Brown City Clerk Kim Smith Public Works Director Bert Viskovich Community ')evelopment Director Bob Cowan Administrative Services Director Blaine Snyder Parks and Recreation Director Steve Dowling City Attorney Charles Kilian Public Information Officer Donna Krey CEREMONIAL MA'ITERS - PRESENTATIONS Chief Douglas Sporleder, Central i;"ire Protection District, JII",,-nted a commemorative yearbook to the Council members anJ the City Manager. He introduced Bill Hardwicke and his dog Dolph, who was trained to detect accelerants. Chief Sporleder also introduced some of the people who had worked on the yearbook, including Kevin Mwphy, Dennis Moore, Kevin Schott, and Chris Harrington. Mayor Koppel presented a proclamation to Mr. Rick Woodland in honor of his receiving the National Shoe Repair award. Mr. Woodland introduced his family and thanked them fi,r their support. He said he was looking forwa.-d to new opportunities to work with the public, and would continue to work toward and to teach excellence. POSTPO~MENTS Mayor Kopp;:! announced that an appeal had been filed regarding the Home of Christ church application, which -'V!!S associated with both item Nos. 17 and 23 on the agenda. It was moved by Counc. Dean, seconded by Counc. Sorensen, and carried unanimously to continue item Nos. 17 and 23 to March 7 to be heard at the time of the appeal, and to send these two . . . February", 1994 Cupertino City Council Page 2 items back to the Environmental Review Committee (ERC) and the Planning Commission for a repon on the issues raised in t e appeal letter. Staff was directed to send a letter informing the aþpellant's attorneys of this action. ORAL COMMUNICATIONS Mr. Ed Hirshfield, 734 StendhaI Lane, said he was the Communit) Liaison fQr the Cupertino Tennis Club. He dis.:ussed the future of the Cupertino Sports Center and suggested the following: That current passholders be given assurance as to the statu!J of the p!lSSeS; that the upper courts be resurfaced and some of them be better lighted; that Jim Trenner's lease be renewed; that non-tennis activities be supported; and that a professional social organizer be hired. Mr. Hir!Jhfield noted that the Tennis Club would not oppose an approximate 1000h increase in fees, but they were split on whether the United States Tennis Association (UST A) members should be required to be passholders. He explained the urgency in settling these issues in order to book the upcoming UST A schedule. Mr. Hirshfield said the Club had offered to pay $7,000 toward the lighting and resurfacing projects, and would also provide some labor to help install lights. Ms. Candace Walsh, President of the Cupertino Tennis Club, concurred with Mr. Her!Jhfield's comments. She added that in order to keep selling passes it was important to receive assurance that the Cupertino Sports Center will be kepi open, and that the guest pass policy should be reinstituted. Mr. Kes Deimling, 10082 Senate Way, said that the Sports Center was used by many senior!J as welL He said the center needs more members, and the current policy lets the UST A tie up courts while discouraging others ftom playing or joining the Center. He suggested that the number ofUST A teams be limited, and that only passholders be allowed to play there. Mr. Alan Bidwell, representing the Cupertino Chamber of Commerce, invited the public to the Second Annual Crab Feed on Friday night at St Joseph's Church. CONSENT CALENDAR It was moved by Counc. Dean, seconded by Counc. Sorensen, and passed unanimously to adopt the consent calendar as recommended, with corrections to Page 12, Councii Reports, of the City Council minutes of January 18, 1994. L Approval of minutes of the meeêngs of January 5, January 12, January 18, and February I, 1994. 2. Resolution No. 9021 : "A Resolution of the City Council of the City ofCupertÍDo 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 14, 1994." , February 7, 1994 Cupertino City Council Page 3 þ 3. Resolution No. 9022: "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 21, 1994." 4. Resolution No. 9023: "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 28, 1994." 5. Resolution No. 9024; "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Oemands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending January 14, 11194." 6. Resolution No. 902J. ".\ 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 De$Cribed for Salaries and Wages for the Payroll Period Ending January 28, 1994." 7. Review of application for Alcoholic Beverage Control licenses for Chili's Hamburger Bar & Grill, 20060 Stevens Creek Boulevard; Pay less Drugs, 20580 Homestead Road. } 8. Resolution No. 9026: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement, Sidewalk Purposes, from Joseph P. Franco and Florence E. Franco or Their Successor(s), Trustees Under Revocab!e Trust Agreement Dated August 3, 1982, As Amended, Located Or.. DeAnza Boulevard." 9. Resolution No. 9027: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement, SidewaIk Purposes, from Joseph P. Franco and Florence E. Franco, or Their Successor(s), Trustees Under Revocable Trust Agreement Dated August 3, 1982, As Amended, Located On Homestead Road." 10. Resolution No. 9028: "A Resolution of the City Council of the City ofCI.òi :tino Accepting Grant of Easement, Roadway Purposes, from Joseph P. Franco and Florence E. Franco, or Their SuccesSOr(s), Trustees Under Revocable Trust Agreement Dated August 3, 1982, As Amended, Consisted of Approximately 0.026 Acres, Located On Homestead Road." II. Resolution No. 9029: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement, Sidewalk Purposes, from John T. Vidovich, Kathy A. Tomaino, Mary Jane Vidovich and Michael A. Vidovich, Located On DeAnza Boulevard. .. ,teDruary I, J ~ cupenmo cay counclJ page 4 . 12. Acceptance of city projects performed under contract: Monta Vista Park Site Project (Part of Nine School Sites, Project No. 93-9106) 13. Resolution No. 9030: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 7 for Cupertino Nine School Site Improvements, Project 93-9106." 14. Acceptance of ml1DÍcipal street improvements: 21980 and 21982 McClellan Road, Lotus Development and Construction I S. Request ftom Homestead High School Athletic Booster Club for waiver of use fee at the Quinlan Comml1DÍty Center for fund raiser. Y2œ Members of the Ci(y Council AYES: NOES: ABSENT: ABSTAIN: Bautista, Burnett, Dean, Koppel, and Sorensen. None None None . 16. Public hearing regarding user fees. (a) Resolution No. 9031: "A Resolution of the City Council of the City of Cupertino Rescinding Resolution No. 8465 and Establishing User Fees." The Administrative Services Director reviewed the staff report. Mayor Koppel opened the public hearing. Mr. Jolm Statton, repre$eDting the Cupertino Chamber of Commerce, requested a two-week continuance to allow the Chamber a chance to meet with the Administrative Services Director to disc\:ss the fees in greater depth. The Community Development director clarified that the proposed appeal fee would cover the costs of the entire appea1 process, including both Planning Commission and the City Council. It was moved by Counc. Sorensen, seconded by Counc. Dean, and carried unanimously to continue this iiem for two weeks so that Chamber representatives could meeI with staff on this item. The Administrative Services director said that he would provide Council with some options for reducing or eliminating appea1 fees in certain c-.ases . , February 7,1994 cupertino City Council Page 5 J UNFINISHED BUSINESS 17. Granting of Negative Declaration, Application 2-Z-93, KC AssociatesIHomc of Christ Church, 10340 Bubb Road. Under the heading of "Postponements" this item was continued to March 7, 1994. Item Nos. 17 and 23 were referred back to the Environmental Review Committee (ERC) and the Planning Commission for a report on the issues raised in the appeal letter. Staff was directed to send a letter informing the appellant's attorneys of this action. NEW BUSINESS 18. Approval of scope of work and schedule for Stevens Creek Boulevard Specific Plan. The Community Development Director reviewed the staff report. At 7:30 p.m. Counc. Bautista was absent. He returned at 7:40 p.m. Mr. Jolm Statton, representing the Cupertino Chamber of Commerce, expressed support for this project. t It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously to adopt the staff recommendation, as follows: (1) Approve the scope of work as described in the staff report; (2) Authorize the expenditure of $29,000 to fund design Task I; S-""~P'" Concl;pt and Guideline!! for the Heart of the City specific Plan; (3) Approve an informal citizen participation plun; and (4) Authorize proceeding with the Heart of the City Specific Plan with the budget item described in Task I. 19. Review of Application No. 81,130 - Massage ordinance. (a) First reading of Ordinance No. 1643: n An Ordinance' of the City Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal Code, Massage Establishments and Services, to Modify Permitting Requirements and to Consider Allowing Off-Site Massage." The Communit} Development Director reviewed the report, t Mr. Ross Presley, 20633 Cheryl Drive, said that he was a member of the American Massage therapists Association. He expressed support for the proposed ordinance, but objected to the requirement for membership in a professional organization. he also asked that the ordinance be amended to allow massage in residential areas in order to treat individuals who were disabled and could not easily travel. He also ,February 7,1994 Cupertino City Council Page 6 t explained that the term~ license~ could be misleading, since there was no state licensing authority for massage, and in this case the license would only be for the City of Cupertino. Mi. David ?;:.iC\er, Executive Director of On-Site Enterprises, explained that he provicied CO!1tÎriuing education in chair massage to people who were already trained in table massage. H-= gave a brief background on the trend toward "corporate" massage, and expt~.:t! support for that activity to be included in other licensing ordinances. It was moved by Counc. Bautista, seconded by Counc. Sorensen, and passed unanimously to continue this item for two weeks. Staff was directed to provide a fairly narrow defi.r.¡tiúI'I of clientele for whom residential massage would be permitted. This may include $eniors, the disabled, or other individuals as identified in ÙI\o :.ulericans with Disabilities Act. 20. Progress report from Cupertino Library Commission. t Mr. Charles Liggett, Chairman of the Commission, reviewed the status of the steps the Commission had taken to raise funds, estabEsh a library foundation, increase public awareness of the library budget situation, and their plans for 1994. Mr. Liggett also reviewed a chart that compared the levels of circulation, gate count, hours of operation, and budget from 1988 through the pre$ent. The City Manager reported on the progress made by the County-wide task force spearheaded by Supervisor McKenna. All nine cities and the County were workini together to find solutions to save the libraries. Their proposals were to (1) Create a joint powers board with representatives from all of the agencies; and (2) Establish community service areas that would allow benefit assessments. He explained that an advisory ballot measure would be on the ballot in November to test support for a $2S/parcel assessment. 21. Chamber of Commerce proposal to encourage sales to benefit the library. Mr. Stan Thomas, the President of the Cupertino Chamber of Commerce, reviewed the Chamber's partnership proposal. The Chamber members would use their creative talents to provide short-term gains, to further strengthen the partnership between goverrIJT ;nt, business and the commmüty, and to meet a critical need in such; way that It would enhance economic development and utilize the special expertise of businesses, instead of having them j:.st make a donation. He said that they already had commitments ofSll,ooo from rhamber members. . Discussion followed regarding the appropriate increments for the City's matching funds. The City Manager agreed that $1,000 to $2,000 increments would be acceptable. .-" ,'-- ,"" .. February 7,1994 Cupertino City Council Page 7 . Mayor Koppel moved tc: (I) Appropriate up to 530,000 for this program; (2) $ II ,000 is to be appropriated now to match the funds already raised by the Chamber; (3) Arrange for further increments to be paid to the Chamber based upon need and without having to come back to Cour.cil; and that (4) Sales tax revenue above the base shall be dedicatc:d to the Library in an amount not-to-exceed $100,000. Counc. Sorensen seconded the motion. Coone. Bautista said that he was concerned about the ability of achieving a 56.6 million increase in sales over the base amount. He was in favor of appropriating 520,000 tonight and not committing to the full $30,000 at this time. Mayor Koppel noted that the motion stated they would appropriate UJ1Ja 530,000 so the Chamber would not have to keep coming back to Counc]. Counc. Bautista said that Council had tacitly accepted the proposition that it would be a dollar for dollar match. If the project requires 560,000 and Council decides they cannot contribute all $30,000, it would be up to the merchants to make up the balance. Counc. Bautista said he thought the program was a good idea, but questioned whether the City should contribute on a one-to-one basis or decide the amount of the City's total contribution at a future date. Mayor Koppel called for the vote, and the motion carried with Counc. Burnett, Dean, Koppel, and Sorensen voting aye and Counc. Bautista voting no. . Mr. Ed Jajko, 6235 Shady Grove Drive, introduced himself as the Chairman of the new Ccpertino Library Foundation. He announced that the Friends of the Library had authorized seed money for the Library F.>undation this evening so they could file the papers nece£sary to become a tax-exempt organization. 22. Modifications to AnimaI Services Program. (a) Resolution No. 9033; "A Resolution of the City Council of the City of Cupertino Establishing Fees for Animal Control Services." (b) Resolution No. 9034: "A Resolution of the City Council of the City of Cupertino Authorizing the City Manager to Execute Anima1 Control Agreements. " (c) Resolution No. 9035: "A Resolution of the City Council of the City of Cupertino Authorizing the City Manager to Execute An Agreement With the West Valley Cities to Cooperatively Implement and Operate an Animal Services Program." (d) First reading of Ordinance No. 1644: "An Ordinance of the City Council of the City of Cupertino Repealing Title 8 of the Cupertino Municipal Code Relating to Animals and Enacting a New Title 8, ·Animals'... þ The Administrative Services Director reviewed the staff report. ït was moved by CUW1C. Sorer..>en, ;econded by Counc. Burnett, and carried unanimously to adopt Resolution Nos. 9033, 9034, and 9035, includir.g a revision to Resolution No. 9033 to _.,-.",-.'"....,.-,. , . .. February 7, 1994 Cupertino City Council Page 8 . change impound fees for quarantined "dogs and cats" to "domestic animals." It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanir.1ously that Ordinance No. 1644 be read by title only and the City Clerk's reading would constitute the first reading thereof. The City Clerk read the ordinance title. ORDINANCES 23. Second reading and enactment of Ordinance No. 1638: "An Ordinance of the City Council of the City of Cupertino Amending Section I of Ordinance No.2 By Rezoning Approximately 1.6 Acres From a Light Industrial Zone to a Quasi Public Building Zone, Located at 10340 Bubb Road (KC AssociatesIHome of Christ Church - Application 2-Z-93)." Under the heading of "Postponement$" this item was continued to March 7, 1994. Item Nos. 17 and 23 were referred back to the Environmental ~eview Committee (ERe) and the Planning Commission for a report on the issues raised in the appeal letter. StatfWfIS directed to send a letter infonning the appellant's attorneys of this action. . 24. Second reading and enactment of Ordinance No. 1641: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.86 of the Cupertino Municipal Code to Modify the Composition of the Affordable Housing Committee. " The City C!erk read the title of the ordinance. It was moved by Counc. Sorensen. seconded by C('.mc. Burnett, and passed unanimously to read Ordinance No. 1641 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. SOI'eDSC"D, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1641 be enacted. 25. Second reading and enactment of 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 City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously to read Ordinance No. 1642 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, set'onded by Counc. Burnett, and passed unanimously that Ordinance No. 1642 be enacted. þ . . February 7,1994 Cupertino City Council Page 9 COUNCIL REPORTS Mayor Koppel invited the other Council members to a meeting sponsored by the Santa Clara County Cities Association to be held at Sunnyvale City Hall on Thursday at 7:00 p.m.. The topic of the meeting was Joint Venture Silicon Valley, and Executive Director Becky Morgan will be making a presentation which will include asking the cities for money. She stated that the Sunnyvale-Cupertino Corridor Joint Policy Board meeting had been canceled this week, and the West Valley Mayors and Managers would meet Thursday. Their discussion would include the grand opening of Highway 85. Counc. Dean said that he had been asked to participate in a telecommuting project. Pac Bell has underwritten a book which describes how to use this teclmology in business to help savp the environment, redu..-e commuting, etc., and he would be meeting with L'1e City Manager and PacBell on Thursday night to di 1CUSS that item. Counc. Sorensen said she attended a "Zero Tolerance" meeting last Wednesday, and that both schrols and cities are moving forward m their efforts. The resolutions were accepted and there will now De additional publicity on this topic of keeping weapons out of the hands of youth and others. She complimented the video staff on their new video titled" A Place Called Cupertino" which was previewed last week. She noted that it is available for sale with proceeds going to the Cupertino Historical Society, or that it could be obtained at the library. The City Manager reported on one item recommended for opposition by the Legislati'o'e Review Committee. It was moved by Counc. Sorensen, seconded by Count:, Burnett, and carried unanimously to oppose AB 1272 (Presley), which proposes removing elected officials from the South Coast Air Quality Management Program (SCAQMP) and replacing them with state-appointed members. Staff was directed to send a letter stating the City's opposition. CLOSED SESSION At 8:50 p.m. the City Council adjourned to a closed session to discuss the following: (A) Exposure to litigation (Government Code Section S4956.9(b) (1), regarding the Rhoda Fry tree damage claim rejection and concern about golf baIl hazards; and (8); Negotiations for purchase, sale, exchange, or lease of real property (Government Code Section 54956.8), a review of options for the Sports Center facility lease/contract At 10: 13 p.m., City Council reconvened. The City Attorney announced that regarding the Rhoda Fry claim, direction was given to the Cit"s representatives to proceed in that matter. Regarding the Sports Center, the City Manager was given direction to pursue certain courses of action. . . . ".-- -~;'''!''''~._.. -::'-. ""!''''''~..'''''''''''''-''''--~"'Ø''''~''''''''''~.::'1!'~~'.' ~.,.._.., -~, -~C"'-'-' . .. February 7, 1994 Cupertino City CoUDCil Page 10 ADJOURNMENT At 10:15 p.m., City Council conc:urred to adjourn to Saturday, February 12, 1994,8:30 a.m., at the Marianist Center in Cupertino for a goal setting meeting and to hold a closed session regarding the City Manager's evaluation. ~kuti Kim Marie Smith City Clerk