CC 02-22-94
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CC-874
MINUTES
Cupertino City Council, Adjourned Regular Meeting
February 22,1994
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 Chamber, 10300 Torre Avenue.
ROLL CALL
Council members present: Jolm Bautista, Don Burnett, Wally Dean, Lauralee Sorensen,
and Mayor Barb Koppel. Council members absent: None.
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StatfPresent: City Manager Don Brown
Deputy City Clerk Roberta Wolfe
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 Information Officer Donna Krey
CEREMONIAL MATI'ERS - PRESENTATIONS _ None.
POSTPONEMENTS - None.
ORAL COMMuNICATIONS - None.
CONSENT CALENDAR
Mayor Koppel removed Item 10 ûom the Consent Calendar. It was moved by Counc.
Sorensen, seconded by Counc. Burnett and p"~sed unanimously to approve the
balance of the Consent Calendar with corrections to Item 4 as noted by the Deputy
City Clerk.
I. Resolution No. 9036; . A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims an.j Demands Payable in the Amounts
and From the Funds as Hereinafter Described for General and Miscellaneous
Expenditures for the Period Ending February 4, 1994."
February 22,1994
Cupertino City Council
Page 2
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2.
Resolution No. 9037: "A Resolution of the City Council of the City of
CupertIno Allowing Certain Claims and Demands Payable in the Amounts
and From the Funds as Hereinafter Described for General and Miscellaneous
Expenditures for the Period Ending February 11, 1994."
3. Resolution No. 9038: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and From the Funds as Hereinafter Described for Salaries and Wages for the
Payroll Period Ending February 11, 1994."
4. Approval of minutes of the meeting of February 7,1994.
5. Monthly Treasurer's and Budget Report, January, 1994.
6. Request for waiver of user fees, Cupertino Community Services, Inc., for use of
Memorial Park on March 12, 1994, for fund raising event (walkathon).
7. Resolution No. 9039: "A Resolution of the City Council of the City of Cupertino
Approving Contract Change Order No.1 for Phase II Blackberry Fann Water and
Sanitary Improvements, Project 94-9105M."
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8.
Resolution No. 9040: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of Agreement Between the City of San Jose and the City
of Cupertino for Maintenance of Medians Under Joint Jurisdiction."
9. Resolution No. 9041: "A Resolution of the City Council of the City of Cupertino
Authorizing the City Manager to Enter Into a Contract With Shannon Associates
In An Amount Not to Exceed $15,000 for Recruitment Services for Director of
Administrative Services."
~ Members of the City Council
AYES;
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
10. Resolution No. 9043: "A Resolution of the City Council of the City of Cupertino
Authorizing the City Manager to Execute Animal Control Agreements."
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Director of Administrative Services Snyder refened to page 6 of the agreement and said
under Section 5, Other Responsibilities, item 3), the portion reading "by city staff or"
should be removed.
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February 22, 1994
cupertino City Council
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It was moved by Counc. Sorensen, seconded by Counc. Burnett and passed unanimously
to adopted Resolution 9043 authorizing execution of the corrected agreement.
PUBLIC HEARINGS
11. Public hearing regarding user fees.
(a) Resolution No. 9031: "A Resolution of the City Council of the City of
Cupertino Rescinding Resolution No. 8465 and Establishing User
Fees." (Continued ftom the meeting ofFebruary 7, 1994.)
Director of Finance Snyder pre$enteIÌ the staff's report.
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Jolm Statton, Executive Director of the Cupertino Chamber of Commerce, told
Council that the Chamber zppreciated Council's postponing the adoption of fees to
allow more discussion with staff. He said that the Chamber is generelly supportive of
the fees, even though it is a difficult position for them to take in what can best be
described as "improving economic times." However, they have concerns with the fee
for temporary signs. These fees affect small businesses, many of which are "on the
edge" financially. He said they are asking Council to make a policy determination
similar to the one regarding recreation class fees, in this case to accommodate the
needs of small business owners.
Mr. Statton said that while planning application, engineering work and building
permit fees are generally aimed at businesses that are building or expanding and re
steep, they are more easily accommodated. But sign pennits are costs that occur
when the business is running. He said these are still hard times for the business
community and the increased permit costs goes directly to the bottom line and will
have a negative impact on those who can afford it least.
Mr. Statton told Council that Chamber members would be happy to work with staff to
devise a manner of issuing the temporary permits that will reduce or eliminSlt'" the
need for staff time. He gave an example of a repeat temporary sign, one that is put up
several times a year. The business would be charged the fee for each time. He said
this could hopefully be done in a single step process, saving staff time and business
money. The Chamber asks that the fee not be implemented until after evaluation of
the process.
The Chamber of Commerce also shares the concerns regarding the costs of making an
appeal, but feels that the proposed ~373 is too high. They urged an alternative $UCh as
refunding of the fee if the appeal is granted. Mr. Statton referred to the alternatives
provided in the staff report and said the Chamber would support anyone of those over
the full fee.
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Cupertino City Council
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In answer to Council questions. Mr. Statton said he thought the Chamber would
suppon a duel fee - one that was higher for an appeal of a matter heard at a public
hearing versus an administrative decision.
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Gordon F rolich, 1202 Belknap Court, stated that he is against the proposcc' : ce
increases. He said that some have increased 5-6 times over what was adopted in
1991, and he cannot see that the increases are justified. Mr. Frolich said that a good
deal of effort has been expended making the fees reflect what the total c( ~t to the City
is but may not reflect what value the citizens receive. He suggested that instead of
recovering all costs, ways should be found to be more efficient: make it simpler and
easier to do some of these tasks. The Chamber of Commerce has suggested one in
regard the handling of the temporary sign pennits. In his opinion, the $373 fee is
outrageous. He said he could see a token fee of $20-25. Mr. frolich described a
situation at a local gas station and said he told him he has been visited by the City in
regard to runoff of rain water and was told he would have to insta1l a drain system. In
order to appeal the action at this time. he would have to pay $373. Mr. frolich said
he thinks that is an outrageous decision by staff. He also said that when he was a
member of the Architectural and Site Approval Committee, he had been told by a
staff member that the people who do code enforcement do no know what the sign
ordinance says. They travel around the City and fmd things which they think are
inappropriate and cite people for them and let the people come to City Hall to say
they are in compliance or file an appeal Mr. frolich said he thought that was unfair.
All appeals to the City Council should be no charge or a token of $20-25. Mr. Frolich
referred to the staff report and said that the comparison should have been consistent.
He showed some of the fees that will increase five times and stated the opinion that
'.he fees for address change and temporary sign permits were too high.
Counc. Dean replied that the Code Enforcement people take their jobs seriously and
he believes they do know the ordinances. He said they have a tough job and he thinks
they are very competent. Mr. Frolich said that he was citing a story told to him and
he can get the individual to confinn it.
Mayor Koppel said that our fees are well under those in other cities; we are trying tr¡
have the individual involved be the one to pay the costs and not pass it along to
taxpayers.
Mr. Frolich asked what amount of fees are brought into the City annually. Director
of Administrative Services Snyder said he would have to look at the detail to get that
infonnation.
Mayor Koppel closed the public hearing.
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Director of Community Development Cowan explained that there are seven or eight
steps, including Code Enforcement tasks, involved in issuing a temporary sign permit.
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He said there is room for a reduced fee for repeat signs; often a business wiIl display
the same sign over and over.
Counc. Bautista asked about the address change fee. Mr. Cowan explained the
process. and that basically what staff docs is make sure changes won't create a public
safety problem. Mr. Snyder said the fee is based on two hours of a building
inspector's time.
It was moved by Counc. Bautista, !JeCOnded by Counc. Dean and passed unanimously to
approve the user fees as presented except for fees for temporary signs, to send that matter
back to staff for future Council decision, and that Council will discuss appeal fees
separately.
It was moved by Counc. Bautista and !JeCOnded by Counc. Sorensen to approve an appeal
fee of SSO only if the action being appealed was taken at a duly noticed public hearing;
and that if the appeal is upheld fees would be refunded.
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Concerns were expressed regarding who absorbs the cost of the appeal and that the City
would not come close to recouping costs with a $SO fee. Mr. Snyder infonn_J Council
that the Community Development Department plans to use a service to do hearing
notifications in the future and suggested that Council set a minimum of $SO. If the actual
notification cost exceeds that, it should be passed on to the appellant.
Counc. Sorensen moved to amend the motion to require that the appellant would pay a
minimum ofSSO plus any additional mailing costs the City would have to pay $he agency.
Mr. Cowan said the agency fees will be $.84 per name, plus postage for a total of $1.13
per name at current postage rates.
Counc. Sorensen withdrew the amendment to the motion.
It was moved by Counc. Bautista and !JeCOnded by Counc. Dean to amend the motion to
set a $100 fee. The amendment and motion passed unanimously.
City Manager Brown clarified for Council that these fees are being charged to people
who are asking for special services from the City, not fees that" will be charged to all
citizens. To argue against charging the fees would argue for the rest of us sub'Jidizing
those special users. Also, Mr. Brown said, these fees were calculated after streamlining
and staff reduction were put in place which is the reason the fees are lower than for
comparable cities.
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By consensus, consideration of the temporary signage was continued to the !JeCOnd
meeting in March.
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February 22, \994
Cupertino City Council
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Also by consensus, Council directed that staff report back in one year regarding appeal
fees.
12. Application No. 32-U-85 (Modification) - Rancho San Antonio Retirement
Housing - Modification of use permit to construct sound mitigation waIls or
berms on property line adjacent to Interstate 280. Environmental Detennination;
The Planning Commission recommends the granting of a Negative Declaration.
The property is located adjacent to Interstate 280. Recommended for approval.
Director of Community Development Cowan presented the staff report and passed out
"before" photos of the area under discussion. He also showed on a vugraph where the,
wall and berm are proposed.
Gary Kutz, Director of Support Services for The Forum, said he had been the contract
manager of the facility previously. He asked Council to approve the concept. Caltrans,
the City and The Forum are in agreement regarding the earth benn. They all want to
screen both sight and sound from the freeway. Mr. Kutz said this is not just for the villas
that are visible from the freeway, but for the whole facility. A petition had been
submitted by the approximately 300 residents of The Forum, and they are highly in favor
of the proposal. In answer to Council questions regarding trees, Mr. Kutz said that the
plan submitted has extensive plantings of evergreen trees which would replace the ones
which have to be removed to complete the benn. He said the plan contains a
considerable amount of evergreen trees plus shrubs, natural gras$CS and wildflowers. The
trees will be large enough to have an effect right away and will be placed on both sides of
the benn. Mr. Kutz said there were no specific plans to plant trees farther up the hill, but
showed on the drawing that with the current plan the view of the villas from the fteeway
will be screened. He then showed slides depicting before and after installation of the
benn.
Counc. Sorensen said she was concerned regarding the color of the wall; it should be
wood or a natural color.
It was moved by Counc. Dean, seconded by Counc. Sorensen and passed unanimously to
approve Application 32-U-85 (modified) according to the findings contained in Planning
Commission resolution 4502, with emphasis on maximum screening of existing
buildings.
UNFINISHED BUSINESS - None.
NEW BUSINESS
13. Confmnation of date of March 14, 1994, for Council study session to review Five
Year Fiscal Forecast and Five Year Capital Improvement Program.
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February 22,1994
Cupertino City Council
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By consensus, Council set March 17, 6:30 p.m., Conference Room C, for the study
session.
14. Review of Application No. 81,130 - Massage ordinance (Continued from the
meeting of February 7, 1994).
(a) First reading of Ordinance No. 1643; "An Ordinance of the City
Councillif 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."
Ross Presley, 20633 Cheryl Drive, a member of the American Massage Therapim
Association, complimented staff on their quick reaction to the matter. Mr. Presley said he
had no problem with almost everything in the staff report but expressed concern with the
tendency to use "license" as opposed to "pennit."
City Attorney Kilian stated the opinion that the terms are pretty much interchangeable in
this context.
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Mr. Presley mentioned two news items that had appeared in the last week which are
germane to the discussion. He said the people who didn't like the regulations were
flocking to the cities without them, so those cities were toughening their ordinances. Mr.
Presley said he was a little inclined to favor alternative A, but is not really opposed
strongly to B. Mr. Presley said he thinks 45 days is excessive if you are a trainee wanting
to go to work. He suggested issuing a permit in advance of employment. For example, he
said he would like to be permitted and pay his fee and then go see who he would want to
work for.
City Manager Brown stated that it would not necessarily take the entire 45 days, but we
are subject to the fingerprinting and background checking done by the Sheriff which
sometimes takes longer than 30 days.
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Peter HoD, 19997 Stevens Creek Boulevard, said he bas a ¡n"~5'lge establishment and a
recognized school approved by the State. He said his school is the only one in the
immediate area. Mr. Hou said he had been in business during most of the time the
ordinance hæ; been in effect. He said he would like to talk about what he bas learned
about being in the business. Mr. Hou referred to Section 9.06.100 of the cunent
ordinance. He agreed with Mr. Presley that the 45 day requirement is not convenient for
employers or employees. He suggested starting the investigation process first and the
applicants can get their 100 hour certification later in order to speed up employment. Mr.
Hou said he was suggesting that the investigation take place first, not be omitted. Then,
when they graduate the investigation is done. Mr. Hou said that some cities do this.
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February 22, 1994
cupertino City Council
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Referring to Section 9.06.150 on page 14-8, Mr. Hou suggested changing the first
$eDtence to read, ". . . provided, however, no licensed massage therapist shall œ
permitted to supervise more than four persons at nne time issued a trainee permit." He
said that in other cities if you pay the fees and submit the forms you are issued a
temporary license. Mr. Hou expressed concern regarding the wording of the ordinance
concerning the requirement for an annual medical exam. He said that someone coming
from another city could have problems
Mr. Kilian said he thought that what Mr. Hou was saying is that the requirement would
put pressure or inconvenience on a person moving from one city to another.
Mr. Hou said that he is uncomfortable with the ordinance citing only one organization,
the AMT A. He said there are many profCS$ionaI organizations. Mr. Hou was informed
that the amended ordinance does not refer to a specific organization. Mr. Hou said that
even though AMT A is not specifically referred to, the detailed requirements in the
ordinance make it difficult to find another organization that can match them.
Mr. Hou asked why the ordinance uses the words "fully clothed" and limits massage to
the u¡;per body. Mr. Cowan said tltÍs was included in the definition of corporate massage
and differentiated that from the other off site m"c""g~ which takes place in a home.
City Attorney Kilian clarified that this only affects m"c~ages given off site in offices.
Mr. Hou stated he wanted to support the ordinance but was not sure how it could be
enforced.
Counc. Koppel brought the matter to Council.
It was moved by Counc. Sorensen, seconded by Counc. Bautista and passed 'l1UU1imously
to approve Ordinance No. 1643, alternate B.
Counc. Bautista asked that the motion be amended to include a requirement for a medical
examination as part of the application p.~ as well as the annual eJ<"miruotion already
required by Section 9.06.160 and to allow applicants to make application without a
diploma but that it would have to be delivered before the permit would be issued.
Director of Administrative Services Snyder said that the applications are processed
through Code Enforcement. He said he saw no problem if the applicants understand that
fees would not be returned if the application is not approved. Counc. Sorensen added
these items to her motion which was then passed unanimously.
City Attorney Kilian stated that the ordinance will come back to Council for second
reading with the minor changes requested at this mœting.
The Deputy City Clerk read Ordinance No. 1643 by title. It was moved by Counc.
Sorensen, seconded by Counc. Bautista and passed unanimously to read Ordinance No.
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February 22, 1994 Cupertino City Council Pap 9
16~by title only and the Ikputy City Clerk's n'"tlil'lg to constitute the first reading
thereof.
15. Amendment to Cupertino Municipal Code relating to establishment 01 parking
prohibition on Orange Avenue between Granada and Dolores Avenues.
(a) First [PJOtling of Ordinance No. 1645; "An Ordinance of the City Council
of the City of Cupertino Amending Chapter 11.24.160 of the Cupertino
Municipal Code Relating to Establishment ofParlting Prohibition During
Certain Hours on the East Side of Orange Avenue between Granada and
Dolores Avenues."
It was moved by Counc. Dean, seconded by Counc. Burnett and passed unanimously to
approve the staff recommendation.
It was moved by Counc. Sorensen, seconded by Counc. Burnett and passed unanimously
to read Ordinance No. 1645 by title only and the Deputy City Clerk's reading to
constitute the first reading thereof. The Deputy City Clerk read the title.
16. Discussion regarding the designation of the Santa Clara County Congestion
Management Agency as recipient of and program manager for AB434 (Sher-
1991) vehicle registnltion fee revenues.
(a) Resolution No. 9042: "A Resolution of the City council of the City of
Cupertino Designating the Santa Clara County Congestion Management
Agency as Recipient of and Overall Program Manager for AB434 (Sher-
1991) Vehicle Registration Fee Revenues."
Director of Public Works Viskovich presented the staff report.
It was moved by Counc. Sorensen, seconded by Counc. Burnett and passed unanimously
to adopt Resolution No. 9042.
WRlITEN COMMUNICATIONS
ORDINANCES
17. Second reading and enactment of Ordinance No. 1644; "An Ordinam:e of the
City Council of the City of Cupertino Rep<"'ling Title 8 of the Cupertino
Municipal Code Relating to Animals and Enacting a New Title 8, . Animals'."
It was moved by Counc. Sorensen, seconded by Coone. Dean and passed unanimously to
read Ordinance No. 1644 by titie only and the Deputy City Clerk's reading to constit'.lte
the second reading thereof. The Deputy City Clerk read the title.
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February 22, 1994
Cupertino City COWICil
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It was moved by Counc. Sorensen, seconded by Counc. Dean and passed unanimously to
enact Ordin;;¡1ce No. 1644.
RESOLtrrlONS - None.
STAFF REPORTS
Public Information Officer KIey made an announcement regarding TCl's consolidation of
offices in the Bay Area. Beginniro.g Man:h 7, the Cupertino office on Imperial will
become a store ftont office where people can pay bills, request service and exchange
equipment The operations including telephone administrative services will be shifted to
the San Jose headquarters which already serves the Cupertino residents in the fOnDer
Heritage dimicl Ms. KIey said that TCI claims this will result in better customer service
for Cupertino residents. According to Ms. KIey, staff has adopted a wait and see position
and hopes the results are better customer service. She said we are in a good position to
demand remedies if there are problems because we are in the process ofrenegoûating the
franchise agreement
City Manager Brown stated that he had received a letter ûom the League of California
Ciûes after the posting of the agenda which urges cities to oppose AB 2544 which would
require cities to send 50 percent of their fines to counties. The City Attorney stated that
since this matter had arisen after the posting of the agenda, action could be taken at this
time.
It was moved by Counc. Dean, seconded by Counc. Sorensen and passed unanimously to
oppose AD 2544 and to direct the City Clerk to send a letter to the Assembly Judiciary
Committee as soon as possible urging their opposition.
COUNCIL REPORTS
Mayor Koppel announced that a meeting to plan the October IS Highway 85 grand
opening would be held on March 8.
At 8:30 p.m., the meeting was adjourned to Tuesday, March 1, 1994, 7:00 p.m.,
Conference Room C, interviews for .\ffordable Housing Committee.
0MÆ;Ç P /o.J-lL--
Deputy City Clerk '
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