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CC 03-07-94 . . . ~ , , CC-87S MINUTES Adjourned Regular Meeting . City Hall Council Chamber March 7, 1994 PLEDGE OF ALLEGIANCE Mayor Koppel led the Pledge of Allegiance, and called the meeting to order at 6:53 p.m. in the City Council Cbambers, 10300 Torre Avenue. ROLLCALL Council members present: 101m Bautista, Don Burnett, LauraIee Sorensen, Wally Dean, and Mayor Barbara Koppel. Councill!.embers absent: None. StatfPresent: City Manager Don Brown City Clerk Kim Smith Public Works Director Bert Viskovich Community Development Director Bob Cowan Parks and Recreation Director Steve Dowling City Attomey Charles Kilian Public Infonnation Officer Donna Krey CEREMONIAL MATTERS - PRESENTATIONS Mayor Koppel presented a Commi"Sioner's Award to oulgoing Public Safety Commissioner Elly Werner. Mayor Koppel presented a proclamation to Ms. Eleanor Voldridge, the President of the Santa Clara County Dental Assistants Association, in honor of Dental AssidJmf<o Recognition Week, March 7-12,1994. Mr. Mark McKenna of the Kaiser Cement Corporation presented Mayor Koppel with a ftamed and mounted aerial photograph of the City of Cupertino to be hung in the Mayor's Office. ORAL COMMUNICATIONS Mr. Tap Merrick, 1091 Firth Court, Sunnyvale, introduced himself to the City Council. He explained that he was the new manager of the Taco Bell in Cupertino, and he distributed copies of his resume to the COU:lcil members. . . . '. March 7, 1994 Cupertino City Council Page 2 Mr. Wen Chow, P.O. Box 700675, San Jose, objected to the fact that garbage service through Los Altos Garbage was mandatory. He said that ...'Yen when he was on vacation he was stilI required to pay the fee. The Public Works Director explained that re!Jidents no longer paid for specific setvices rendered, but instead paid a monthly fee to support a comprehensive recycling program. Mr. Chow said that he would write to the Mayor on this item and requested a written response. CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanimously to adopt the consent calendar as recommended with the exception of No.5, which was pulled for discussion. 1. Resolution No. 9044: "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 18, 1994." 2. Resolution No. 9045: "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 25, 1994." 3. Resolution No. 9046: "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 25, 1994." 4. Approval of minutes cfthe meeting of February 22,1994. 6. Authorization to initiate public hearing before the Parks and Recreation Commission and Planning Commht..ion to amend the PR (parks and Recreation) Zone to allow a broader range of permitted activities. 7. Rcsclution No. 9048: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights ftom Lotus Development and Construction, Inc. 22777 San Juan Road." 8. Resolution No. 9049: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purpo$CS From Cupertino DeOro Club, a California Corporation, Consisting of Approximately .038 Acres, Located at 11010 Saratoga-Sunnyvale Road." March 7, /994 Cupertino City Council Page J . 9. Authorization to modify the mailing procedure for notices of public hearing. .Ygtc Members of the CilY COImdl AYES: NOES; ABSENT: ABSTAIN; Bautista, Burnett, Dean, Koppel, and Sorensen. None None None ITEMS REMOVED FROM THE CONSENT CALENDAR s. Resolution No. 9047; "A Resolution of the City Council of the City of Cupertino Declaring Intent to Conduct a Public Hearing Concerning a Nuisance on Parcel 326-25-028, 10101 and 10103 Alhambra Avenue, Accumulation of Debrisffrash and Other M8lerial Stored in the Front Yard and Carport Area, and Auto Repair Business Being Conducted on Property." . Counc. Dean asked why a public hearing was required if there had already been a detenninaûon that a nuisance existed. The City Attorney explained that a public heari'1g ~.'as necc""ary in order to establish a lien on the property to reclaim the costs of cleaning it up. It was moved by Counc. Dean, seconded by Counc. Baptista, and carried unanimously to adopt resolution No. 9047. PUBLIC HEARINGS 10. Application No(s). 2-GPA-93 and 3-Z-93 - Cecil Mahon and City of Cupertino - Environmental Determination: The Planning Commi,,-..ion recommends the granting of a Negative Declaration. Application No. 2-GP A-93 is: · A General Plan Amendment to change ftom "Very Low Density Residential, 5-20 acre slope density formula" to "Very Low Density Residential !JeIDÎ-rura1 5 acre slope densit¡ formula" approJÚmately 185 net acres known as Regnart Canyon. Recommended for denial. Action to be taken; I. Grant Negative Declaration for enti.-e project. 2. Deny portion of application per PlannL'!g Commission Resolution No. 4509, modify or approve. . A General Plan Amendment that states that Regnart Canyon property previously subdivided under the Semi-Rural formula has no further subdivision potential. Recommended for denial. . Action to be taken: 1. Deny portion of application per Planning Commission Resolution No. 4510, modify or approve. March 7, 1994 Cupertino City Council Page 4 . . A General Plan Text Amendment deleting General Plan Policy No. 2-311: Hillside Parcel Consolidation. Recommended for approval. Action to be taken: 1. Approve portion of application per Planning Commission Resolution No. 4508, modify or deny. Application No. 3-Z-93 is a request to rezone about 14 acres located at 22045 Regnart Road and desigro"te<l by APN 36646-004 from A 1-43 to RHS zoning. Recommended for approval. Action to be taken; (a) First reading of Ordinance No. 1646: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning Approximately 14 Acres from A 1-43 Zone to RHS Zone; Located at 22045 Regnart Road, APN 366-46-004 (Application 3-Z-93 - Mahon)." 1. 2. Grant Negative Declaration. Approve application per Planning Commission Resolution No. 4511, modify or deny. If approved, conduct fust reading of Ordinance No. 1646. . 3. The Community Development Director reviewed the $Iaff report and distributed draft Resolution Nos. 9050 and 9051. He explained that the Planning Commission recommended the deletion of Hillside Consolidation Policy 2-38 and the reZ()ning of Mr. Mahon's property, but they did not recommend changil'lg the designation of Regnart Canyon. Statfhad prepared draft language which Council could use if they wanted to allow Mr. Mahon to subdivide his property without changing the canyon's land use designation. The City Attorney explained that there could be a change in the language regaIding the 5-20 slope density formula in the General Plan, but the plan itself and the maps would not be changed. The Community Development Director said that a maximum of four lots could result ftom the subdivision of the property. The City Attomey stated that the suggested language was the least likely to create a precedent since it wouldn't change the zoning maps, and any lot that was not subdivided under the old Plan, which was only Mr. Mahon's property, could now be subdivided according to the old Plan. The public hearing was opened. The following individuals spoke in favor of the General Plan Amendment: . Mr. Bob Nellis, 22322 Regnart Canyon Drive, displayed a transparency showing plans for Regnart Canyon from a 1976 draft environmental impact ;eport, one showing the current situation with fewer parcels than proposed in 19í6, and one of a hypothetical development which he used to illustrate the fairness of allowing March 7, 1994 Cupertino City Council Pille 5 . Mr. Mahon's property to be subdivided. Mr. Cecil Mahon, the applicant, saiJ that he had intended to live on the property all his life but health problems forced the sale of the property. He said that Council was concerned about spot zoning. but since his was the only property not subdivided when the new regulations went into effect, his property was spot zoned in reverse. Mr. Jim Walker, 11660 Regnart Canyon Drive, and Mr. Jon Garliepp, 11690 Regnart Canyon Drive, also expressed support for Mr. Mahon's request to subd¡v!d~ his property. Ms. Ann Anger pointed out similarities between this situation and old Monta Vista, which was given special zoning. Mr. Dick Randall, 22348 Regnart Road, said he was pleased with the Planning Commission's recommendation which would resolve the problem of merging two lots together. He explained the importance of having property that is confonning for the purposes of selling real estate, and said that not only should care be taken not to make changes detrimental to the community, but earlier changes that were detrimental ~hould be corrected. . The following individuals spoke in opposition to the General Plan Amendment Ms. Kindel Blau, 23005 Standing Oak Court, felt that there was too great a risk in taking Regnart Canyon out of the Hillside Protection Policy. She suggested that Mr. Mahon's houses should be made conforming uses, but that the language of the General Plan should not be changed since it may set a precedent. Mr. Phil ZeiMlan concurred with Ms. Blau's concerns and said that the canyon should not be removed fi'om the Hillside Protection Policy. He also expre$Sed concern about further development on Mr. Mahon's property, since ample time was given to subdivide the property before the new policies went into effect. Mr. Zeitman was in favor of deleting Policy 2-38. The public hearing was closed. Counc. Bautista moved to (1) Adopt the Planning Commission's recommendation that the current density formula (5-20 formula) in the hillside remain as it is; (2) delete Policy No. 2-38 (hillside parcel consolidation); and (3) rezone fi'om the A-43 zoning designation to RHS (Residential Hillside Zone) for Mr. Mahon's property. Mayor Koppel seconded. Counc. Dean said that he had met with Mr. Mahon and repeatedly encouraged him to change the land set-up before the new regulations went into effect and explained that the City Council tried to work with the community when changes were being made that would affect them. He urged that that the hi!lside policy not be weakened under any circumstances, and noted that the City Attorney had assured them that the proposed wording changes should not create any precedents that would threaten the Plan or the hillside policy. . Counc. Burnett noted that a letter had been received fi'om Mrs. Carol McNeal who said that she and some neighbors would prefer that Mr. Mahon's property not be further developed since it would intrude into their view. Counc. Burnett said that there were two viewpoints, aDd what may be a restriction for one individual was protection for another. The hillside policy was to provide protection for the Marth 7, 1994 Cupertino City Council Page 6 hillside areas, and experience had shown that building in the hillsid~ could cause serious problems. Counc. Sorensen clarified that, as stated on January 18, she would honor a hearing request for a General Plan amendment, but she would not do anything to jeopardize the hillside policy. Counc. B!tutista restated his motion. The Community Development Director noted that there was a draft ordinance and draft resolutions which addressed some of the items in his motion. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimously to adopt a Negative Declaration for the entire project. Counc. Bautista said that since he was not actively involved in the goals process he had a different pe.:>~tive, and he wanted to make sure the process was fair. He had seen many sides of the issue and felt there was a lot of disagreement about what had happened. Counc. Bautista amended his motion to break it down into a series of motions, as follows. Mayor Koppel concurred with this amendment. It was moved by Counc. Bautista, seconded by Mayor Koppel, and carried unanimously to maintain the 5-20 acre slope density formula as per the Planning Commission's recommendation. It was moved by Counc. Bautista, seconded by Counc. Burnett, and carried unanimously to delete Policy 2-38, the hillside parcel consolidation policy. The Community Development Director noted that Resolution No. 9051 had the appropriate wording. It was moved by Counc. Bautista, seconded by Counc. Burnett, and carried unanimously to rezone ftom A-143 to RHS (Residential Hill Side) the parcel belonging to Mr. Mahon as recommended by staff and the Plannil'lg Commission. The Community Development Director noted that Ordinance No. 1646 had the appropriate wording. The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously that Ordinance No. 1646 be read by title only and the City Clerk's ,....,fing would constitute the first reading thereof. Counc. Bautista said there were a lot of questions about the fairness of the process which he wanted to resolve. For the same reason they deleted the hillside consolidation policy they should look at the issue of further development of Mr. Mahon's property. There were currently three structures, four could be allowed at maximum, and he did not feel there would be any impact outside of Regnart March 7, 1994 Cupertino City Council Page 7 . Canyon. He recommended support for the language change because it would be best for that community and for the overall process. Counc. Bautista moved to adopt Resolution No. 9050 which would make the language change to allow properties previously designated under the semi-rural fonnula to be subdivided under that formula if they bad not already been subdivided. Mayor Koppel seconded. The motion carried with Coone. Burnett and Sorensen voting no. PLANNING APPLICATIONS UNFINISHED BUSINESS II. KC AssociateslHome ofCbrist Church. (a) Appeal of Application No. IO-U-93 (Modified)· KC AssociateslHome of Christ Church. (b) Second reading and enactment of Ordinance No. 1638: "An Ordinance of the City Council of the City of Cupertino Amending Secûon 1 of Ordinance No.2 By Rezoning Approximately 1.6 Acres From a Light Industrial Zone to a Quasi Public Builcling Zone, Located at 10340 Bubb Road (KC AssociateslHome ofCbrist Church - Application2-Z-93)." . (c) Granting ofNegaûve Declaration, Application 2-Z-93, KC AssociatesIHome ofCbrist Church, 10340 Bubb Road. The Council was given copies of a letter from Julie Meier Wright, Secretary of the California Trade and Commerce Agency, dated March 1, 1994, which asked Council to consider the needs and concerns of the businCS$ community as they addressed this issue. The Community Development Director reviewed the staff report and noted that the Planning Commission amended the use permit to delete the opportunity for child care on site and provided a more specific definition of a religious activity. He also reviewed the materials which were handed out at the meeting, including Commission Resolution No. 4498, a draft negative declaration, certificate of fee exemption, and a written recommendation of the Environmental Review Committee from October 1993. He said that both the Environmental Review Committee and the Planning Commission had reviewed the letter prepared by the attomey f;¡r Berg and Berg. and the Environmental Review Committee did not feel they bad to change their recommendation. The Planning Commission's report was provided in the form of a resolution, and they did not feel additional modifications were warranted. The Community Development Director reviewed transparencies of materials ftom the packet and staff's responses to the appeal letter. . Marth 7, 1994 Cupertino City Cow.cil Page 8 Mr. Chuck Reed with the firm of Reed, Elliot, Creech & Roth, said he was representing Berg and Berg Development. He said he had previously submitted several letters which went into detail about the objections that Berg and Berg have to the project and was available to answer any further questions. Jim Jackson, representing KC As.'iOCiates, said he also had submitted points in writing, and had spoken before the Environmental Review Committee and Planning Commission. He said the staff did an excellent job on the report and answered all the questions raised in the appeaIletter. He noted that this was the eighth time the applicants had been before various City agencies since October, and they had been very patient and understanding. Mr. Jackson asked the City Council to reject the appeal, grant the negative declaration, and hold the second reading of the ordinance. Mr. George McKee, 2500 El Camino Real, Palo Alto, spoke in opposition to the church use on Bubb Road. He said he represented Renault and Handley, an investment finn which owned 10260 Bubb Road. He opposed the church use because a major change in zoning or a dramatic change, such as was proposed, would dramatically affect the real value of the property on Bubb Road since companies moving into the area would look for other places to go. Property owners can let them go or dramatically decrease the rent. He said there was not an excess of industrial property in Cupertino. He added that this should never have been built and allowing a use out of conformity exacerbates the problem. Mr. McKee said the site should be razed and the property should be an industrial site and returned to profitability . Counc. Dean moved for staffs recommendation, which was to deny the appea1 and proceed with the second reading of the rezoning from ML-rc (Light Industrial) to BQ (Quasi-Public) for 1.6 acres at 10340 Bubb Road. Counc. Sorensen seconded. Mayor Koppel said she was opposed to that bee"..... it was an incompatible use in an industrial park. There were only two industrial parks in the which City prides itself on its start-up companies, and she was concerned about what would happen to the industrial park at Bubb Road. She said there may be other churches that want to come in as well and asked if Council would be able to say "no" to second one. She said she had remained consistent in her position on this matter, but was disturbed because she wanted these people to have their church in the community The City Attorney asked if the motion included adopting the negative declaration. Counc. Dean and Sorensen concurred to amend the motion to include adopting a negative declaration. The motion carried with Counc. Bautista abstaining and Mayor Koppel voting no. Counc. Bautista abstained because he had previously voted on this project when he was a member of the Planning Commission. ... March 7,1994 Cupertino City Council Page 9 . The City Clerk read the title of the ordinance. It was moved by Counc. Soren.ooen, seconded by Counc. Dean and passed with Counc. Bautista abstaining to read OrdilldDce No. 1638 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed with Counc. Bautista abstaining and Mayor Koppel voting no that Ordinance No. 1638 be enacted. NEW BUSINESS 12. Acceptance of resignation of Elly Werner fiom the Public Safety Commission and direction to staff regardin~ appointment to fill vacancy. The City Clerk reviewed the statf report. Council members discussed whether they should appoint one of the two current candidates, re-interview them, or allow additional applications to be submitted. It was moved by Counc. Sorensen, seconded by Counc. Dean, and carried with Counc. Bautista voting no to re- interview the two current candidates at 6:30 p.m. before the next regular meeting. Counc. Bautista indicated that if interviews were to be held, he would prefer to open up the application process to other applicants as well. 13. Review and authorization ofCupertÍDo Sports Center revised rate schedule. . Counc. Burnett and Dean abstained fiom participating and voting on this item because they are members of the Sports Center, and at 8;40 p.m. they took seats in the audience. The Parks and Recreation Director reviewed the staff report and said that the Parks and Recreation Commission endorsed staff's recommendation with the exception of eliminating the two-tier structure for residents and non- residents. He distributed a memorandum dated March 4, 1994, which summarized the action of the Parks and Recreation Commission. The City Manager said that it was important to make the Sports Center viable and able to stand on its own economically. Mr. David Clapper, 10400 Byrne Avenue, objected to the recommendation that United States Tennis Association (V.S.T.A.) members must become passholders. He said that his taxes benefit the Sports Center, and many people will be eliminated because of the cost of the passholder requirement. . The City Manager explained that in the past the U.S.T.A. had been heavily subsidized for the use of the facility, and both residents and nonresident. 'I had priority during the prime hours and received favorable rates. Staff's recommendation would still allow U.S.T.A. to reserve courts at prime time, but at the minimum all members should be passholders. Council and staff discussed the months and days which were reserved for U.S.T.A. play. March 7, 1994 Cupertino City Council Page 10 Mr. Paul Hughes, 7995 Folkestone Drive, discussed his participation on V.S.T.A. and the number of times :hat he had used the facility for league play practice. He said that the passholder requirement would triple the fees he would have to pay and that was excessive. Mr. Ed Hirshfield, Community Liaison for the Cupertino Tennis Club, explained that the amount of time a person would play at the Sports Center would depend upon several factors, including how that person ranked on the team and how many qualifying matches were played, etc. Mr. Wade Smithson, 11741 Regnart Canyon Drive, said he was on the V.S.T.A. team and was also a member of the Sports Center, and he joined beca"se many of his friends were members. If the V.S.T.A. members were required to become passholders and not all of them chose to do so, they would not be able to have their team play. He asked that V.S.T.A. team play be allowed even if IOû"1o of the V.S.T.A. members did not become passholders.. Mr. Frederick W. Tierney Jr., 10591 Stokes Avenue, said that similar sports centers did not require annual fees to play on their courts. He suggested that consideration be given to requiring day, monthly, or quarterly passes for residents instead of annual passes. Mr. Ed Hirshfield, 734 Stendhal Lane, represented the Cupertino Tennis Club (C.T.C.), said he was generally in favor ofstaff's recommendation, and in favor of a single-rate structure since they were trying to encourage as many passholders as possible. He said he had reservations about requiring V.S.T.A. members to be passholders, but would let Candace Walsh address that issue. Ms. Candace M. Walsh, President of the Cupertino Tennis Club, said that the Club's members were both for and against the proposal to require passes for V.S.T.A. members. She asked Council to consider, on a one-year trial basis, allowing players on the V.S.T.A. to purchase a pass on a month-to-month basis so they may play during the V.S.T.A. league season. It would favor the club bec"\I5e it would give them more teams and it would favor the Sports Center because those people who paid fairly high month-to-month rates might find it more economical to purchase an annual pass. Mr. Phil Zeitman said he believed people were less concerned about raising rates and more concerned about keeping the Sports Center open and affordable. He stated support for the staff-recommended modifications. He noted that V.S.T.A. was tying up a lot of courts, and in order to consider the Sports Center as a business proposition it was important to charge V.S.T.A. playen; the same rates as the other players paid. He added that V.S.T.A. members could still play at Memorial Park even if they did not use the Sports Center. Mr. Hershfield and the Parks and Recreation Director discussed the regulations governing the use of Memorial Park for league play. , March 7, 1994 cupertino City Council PaaeJJ . Counc. Sorensen said that was an issue of economics and the Sports Center has to pay for itself. The City paid a premium for that property and had to recognize it was not a profitable club, and Council would be remiss if they did not go along with the staff recommendation and at least give it a try because otherwise they would just have to keep subsidizing it Mayor Koppel referred to an earlier comment by the public that taxpayers should not have to pay to use the Center, and pointed out that Council members discussing this item were also paying taxes and they did not play there. The people who used the facility were the ones who should pay for it because the City could not continue to subsidize it at the level they had been. Counc. Bautista stated support for the idea of some differentiation between residents and non-residents, such as a single annual pass with a S50 dollar difference which would be a decrease for both categories. He!J8Íd that if the V.S.T.A. tournament was April through July, and the individuals played a month before and after, that would be a six-month pass that is almost cost of an annual pass. He added that there is a premium for the ability to reserve courts. He!J8id he supported all the recommendations except eliminating the two-tier (resident and non-residential) differential. . Counc. Sorensen stated that she could not support the elimination of the two tiers at this time. She said that, with proper marketing, it could get by if additional residents join, and she wanted to try statrs recommendation for a year. Mayor Koppel agreed with Coone. Sorensen regarding the need to retain the two- tier rates. She suggested that they try out statrs recommendations for a one-year period and then revisit the issue, and reconsider the rate structure at that time. . Counc. Sorensen moved to accept statrs proposals, as follows: (I) Elimin..t.. the "Two- Tier" (ResidentINon-Resident) rate structure for monthly and annual pas$CS. Retain the differential for day use fees; (2) Add an annual fee for Juniors (17 years and younger) of$240.00; (3) Add an annual fee for Seniors (62 years and older) of S31S.00; (4) The Cupertino Tennis Club will be charged Sl0.oolhour (currently S7.00lhour) per court for all C.T.C. sponsored activities other than V.S.T.A. leagues and practices; (5) City Council has determined that all C.T.C./U.S.T.A. leagues participating at the Sports Center must purchase an annual pass. In return, it recommended that those purchasing an annual pass be allowed to join C.T.C. without impacting the Club's residency requirement for c0- sponsorship; and (6) An annual pass holder may purchase one block often (10) guest passes per year for S6O.OO. A guest must be accompanied by the pass holder who purchased the guest pass. Counc. Bautista seconded, and the motion carried with Counc. Burnett and Dean abstaining. At 9:25 p.m. Counc. Burnett and Dean were present. March 7, 1994 Cupertino City Council Page 12 þ i4. Review of smoking ordinance options and direction to staff. The City Manager said that addressing this issue had been one of Council's goals for the year. He reviewed a matrix prepared by Pam Marsh of the Santa Clara County Cities Association which compared the smoking ordinances for comparable cities in the County. He distributed a fax ftom Ms. Marsh which indicated that the City of Mountain View was also considering revising their ordinance to make it more restrictive. He reviewed an item fTom the League of California Cities Bulletin which showed there was propo!Jed legislation for a statewide restriction regarding smoking (AB 13) which had been opposed by the hotel industry but which was now receiving their support. The Legislative Review Committee was recommending support for AB 13. þ Ms. Sandy Bouja !J8Îd she represen'~ the American Lung Association and was a member of the Santa Clara County Tobacco Control Coalition. She asked the Council to revise their ordinance to ban smoking in all work places. She re~iewed statistics regarding the number of deaths attributed to smoking and exposure to second-hand smoke, and noted that the Environmental Protection Agency had classified second-hand smoke as a Class A carcinogen with no safe limits. Ms. Bouja also reviewed statistics regarding the number of companies that had restricted or eliminated smoking in the workplace. She asked that Council not wait for AB 13 to be pas!Jed, and noted that the tobacco industry was also supporting a bill regarding smoking which would eliminate all the work that had been done since April of 1993. Counc. Burnett expressed support for a revi!Jed ordinance based upon the San Jose ordinance which still exempts $taIld-alone bars but provides good protection in critical areas. Counc. Bautista asked if there will be more than one public hearing. The City Manager !J8Îd that the ordinance could be brought back to Council fairly quickly and it could be a public hearing. Mayor Koppel !J8Îd that she would prefer to hold a study session, and that passing a stricter ordinance seemed to be "government in your face." She explained that both of Cupertino's hotels have chosen to make SO"Æ. of their lOOms non-smoking, and a number of restaurants and businesses have become non-smoking. She!J8Îd other restaurants would prefer to have government pass the restrictions so that they don't have to, and it had nothing to do with the health issues, but the change was happening without the government forcing it. Counc. Sorensen said she would prefer to have public input on the ordinance. þ . . . , March 7, 1994 cupertino City Council Page J3 Counc. Burnett moved to direct staff to develop an ordil'.8Dce based upon San Jose's ordinance to control smoking and that it be discussed as a public hearing in 30 days. Counc. Sorensen seconded. Discussion followed regarding the definition of a stand-alone bar, and the City Manager said that a defInition woul{¡ be included in the ordinance and could be modifIed by Council when they reviewed it. The motion carried unanimously. ORDINANCES 15. Second reading and enactment of Ordinance No. 1643; "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal Code, Massage E!Jtablishments and Services, to Modify Permitting Requirements and to Consider AUowing Off-Site Massage." 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. 1643 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnet[ and passed unanimously that Ordinance No. 1643 be enacted. 16. Second reading and enactment of Ordinance No. 1645: "An Ordinance of the City Council of the City of Cupertino Amending Chapter I 1.24.160 of the Cupertino Municipal Code Relating to Establishment of Parking Prohibition During Certain Hours on the East Side of Orange Avenue between Granada and Dolores Avenues." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Bautista and passed unanimously to read Ordinance No. 1645 by title only and the City Clerk's I""'tfil'lg to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and passed unanimously that Ordinance No. 1645 be enacted. COUNCIL REPORTS Mayor Koppel discussed AB 398 (Brown), the regional government b:U. She said that Sally Brown's constituents were not supporting this bill either, and asked if Council had taken a position. The City Manager explained that they had opposed it in the past because none of their conditions of support were met. The City Manager reviewed the activity of the Legislative Review Committee, which was as follows: (I) Support SB 1254 (Ayala), state-mandated costs; (2) Support SB 1448 (Roberti), library services assessment districts; (3) Support AB 13 (f. Priedman), smoking and tobacco control; (4) Oppose AB 2471 (Rainey), benefIt a.<:;essments; (5) Review Federal Bill HR 3636 (Dingel), telecommunications competition; (6) Support SB 1288 (Beverly), early retirement incentives for public retirement systems; and (7) and AB 2972 (Aguiar), municipal liability, should be referred to the City Attorney and to the City's Risk Management providers for review and recommendation. Counc. Dean moved ~~~."'V>"-,,, , March 7, 1994 Cupertino City Council Page 14 ) to aœept the recommPnlf.m·;IßS of the Legislative Review Committee as stated above. Coone. Burnett seconded and the motion carried unanimously. Coone. Sorensen indicated that March 26 and 27 were the dates of the Cherry Blossom Festival and the Council was invited on Saturday at 10;00 a.m. for the kick-off. CLOSED SESSION At 10:08 p.m., the City Council adjomned to a closed session regarding pending litigation pursuant to Government Code Section 54956.9 (a). The item under discussion was the Roman Catholic Bishop of San Jose v. City of Cupertino (Superior Court Case Number 7326583). At 10:35 p.m., the Council reconvened. The City Attome)' announced that Council discussed various strategies regarding pending litigation and that no action was taken. ADJOURNMENT At 10:35 p.m. the City Council adjourned '') Thursday, March 17, 6;30 p.m., in Conference Room C to hold a study session on the Five Year Forecast. / ~. Úm >11.th -;¡¡ Kim Marie Smith City Clerk