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CC 03-21-94 .... .. , . . t CC-876 MINUTES Regular Meeting Cupertino City Council March 21,1994 PLEDGE OF ALLEGIANCE Mayor Koppel led the Pledge of Allegiance, and called the meeting to order at 6:36 p.m. in the City Council Chambers, 10300 Torre Avenue. ROLL CALL Council members present; Jolm Bautista, D<>n Burnett, LauraIee Sorensen, Wally Dean, and Mayor Barbara KoppeL Council members absent: None. StatfPresent; Acting City Manager Bert Viskovich City Clerk Kim Smith Administrativ~ Services Director Blaine Snyder Community Development Director Bob Cowan City Attorney Charles Kilian Public Infonnation Officer Donna Krey POSTPONEMENTS 14. Application Nos. 81,150 and 16-EA-93 - City of Cupertino - Parking and keeping of vehicles in various zones including recreational vehicles. Staff recommendation is to table this item and re-advertised for a public hearing at a 1ater date. Mayor Koppel announced that this item would be tabled, and would be re-advertised for a public hearing at a later time. ORAL COMMUNICATIONS Mr. E. J. Conens, a resident ofPruneville Avenue, expressed concern about the number of handbills left on his property, none of which had permit numbers. He !ouggested that stricter enforcement of the City's laws on this matter could bring in more revenue. The Administrative Services I)irect.or took the flyers for follow-up. Mr. Conc:ns also expressed his objection to the proposed strengthening of the smoking control ordinance. Mr. Leonard Simick discussed a state-wide initiative regarding mobile home rent control and the negative impact it would have upon seniors since the rent could be doubled when the mobilehome is sold. He said it was falsely labeled as providing assistance to seniors and he urged the Council to oppose it. . . þ March21,1994 Cupertino City Council Page 2 CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanimously to adopt item Nos. I through 8 on the consent calendar as recommended. I. Resolution No. 9052: "A Resolution of the City Council of the City of Cupertino Allowing Certam Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 4, 1994." 2. Resolution No. 9053: "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 March 11, 1994." 3. Resolution No. 9054: "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 March 11, 1 Y94." 4. Approval of minutes of the meeting of March 1, 1994. 5. Resolution No. 9055: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 2 for Phase II Blackberry Farm Water and Sanitary Improvements, Project 94-9IOSM." 6. Resolution No. 9056: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Improvement Plans of Property Located at 10074 Santa Clara Avenue, Developer, Daryoush Marbamat; Authorizing Signing of Parcel Map and Improvement Plans. to 7. Review of Alcoholic Beverage Control licenses: (a) Canton Delights Seafood Restaurant, 10125 Bandley Drive; (b) Bombay Oven, 20803 Stevens Creek Boulevard. 8. Monthly Treasurer's and Budget Report, March, 1994. YIlk Members of the Ci\y Council AYES; NOES: ABSENT: ABSTAIN: Bautista, Burnett, Dean, Koppel, and Sorensen. None None None March 21,1994 Cupertino City Council Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Resolution No. 9057; "A Resolutior. of the City Council of the City of Cupertino, Authorizing Execution of Agreement With C. G. Uhlenberg & Company, Certified Public Accountants, For Audit Services for 1994 and 1995." Counc. Bautista received clarification that this agreement was for the fiscal years ending June of 1994 and June of 1995. It was moved by Counc. Burnett, seconded by Counc. Sorensen, and carried unanimously to adopt Resolution No. 9057. PUBLIC BEARINGS 10. Application Nos. 2-GPA-94, 2-U-94, I-TM-94, and S-E-94 - Summerhill Homes - General Plan Amendment to remove commen:ialland use designation for Parcel 326- 19-117; Use permit for a planned unit development consisting of 24 detached single family homes, two of which are designated as affordable; Tentative map to mbdivide a single parcel into 25 lots, one of which is to be held in common ownership. The project is located at 21875-21881 Stevens Creek Boulevard, on the north side of Stevens Creek Boulevard approximately 140 feet west of Mann Drive. Environmental De~rmination: The Planning Commission recommends the granting of a Negative Declaration. Recommended for approval. (a) Resolution No. 9060: "A Resolution of the City Council of the City of Cupertino Adopting An Amendment to the 1993 General rtan To Remove the Commercial Land Use Requirement for Property Located At 21875- 21881 Stevens Creek Boulevard (parcel No. 326-19-117 - Summerhill Homes)." Action to be taken: I. Grant Negative Declaration. 2. Approve application 2-GPA-94 per Planning Commission Resolution No. 4512, modify or deny. 3. If2-GP A-94 is approved, adopt Resolution No. 9060. 4. Approve Application 2-U-94 per Planning Commi"$ion Resolution No. 4513, modify or deny. 5. Approve Application I-TM-94 per Plannil'lg Commission Resolution No. 4514, modify or deny. The Community Development Director reviewed the staff report and showed '.ransparencies of items in the backup material. He explained that one request tonight was to change some text on the General Plan so that it would no longer require a (.')mponent of retail activity on the property. The proposed use permit was to replace tht. previously-approved use permit for that site, and the tentative map would allow 24 detached homes on small lots. He noted that correspondence had !>ten received ftom one neighbor regarding privacy impacts if the grade were increased one foot, as proposed, to allow for positive drainage to Stevens Creek Boulevard. He also March 21,1994 Cupertino City Council Page 4 · discussed neighbors' concerns regarding left turn acce';s and ingress and gaining access to a bus stop. Issues associated with a septic tank that may be on site would be resolved by his office in the building permit stage by !~uiring it to be excavated and compacted with engineered fill. He reviewed the propo!Jed zoning of this site and said that the streets measured 24 feet from curb to curb, which was the standard size for this type of development They were for travel only, and off-street parking was in bays throughout the development Mr. Rick Denman, Vice-Pre!Jidalt of Summerhill Homes, showed some slides of the site and reviewed its history. He discussed their original proposal and the changes that were made in response to input from neighborhood meetings, Planning Commission, and staff. These included concerns about density, privacy, architecture, and having a project that would blend into the existing neighborhood and into the Stevens Creek Boulevard Specific Plan. As a result, the density was reduced from 29 to 24 units, the number of houses along the back property line was reduced from II to 8, and the houses wr.:re reoriented. · Ms. Elane Voulgarez, Development Manager for Summerhill Homes, showed some slides of th;: current site plan and said they had increased privacy for Oakview Lane neighbors, created positive drainage a.vay from the Oakview properties, further improved the Stevens Creek streetscape, and added access off of Stevens Creek Boulevard. Also, the setback from the houses to the property line along the Oakview neighborhood was increased from 5 feet to 15 feet She discussed the drainage pattern, the zero-lot line arrangement of units, staggered front yard setbacks, and the landscaping plans. If left-turn-in, left-turn-out access from Stevens Creek was determined not to be safe, they would prefer to restrict access to right-turn-in, right- turn-out access only rather than moving the access from its proposed location. Two of the 24 units will be below market rate, one targeted for a median-income f&mily and one for a moderate-income family, approximately $150,000 each below the market. She also showed slides of their Somerset project in Sunnyvale which had the same floor plans, although these exteriors will have wood siding and architectura1 features reminiscent of the Monta Vista neighborhood, with high-pro~le heavy composition roof material. She said they accept all the conditions set forth by staff, except for contesting the S 1.5 million per acre assessment for park dedication fees. In response to questions by Council, Ms. V oulgarez said that the current landscape plan shows camphor trees on the north property line, but they were willing to work with the neighbors to determine a¡~ appropriate canopy for that location. An origina1 request ftom the Fire Department for fire sprinklers had been re-evaluated and rescinded since it was determined that there was an acceptable distance between these homes and fire hydrants. The composition roof shingles were about 3/8 inch. · Counc. Bautista objected to the use of composition roofs. Ms. V oulgarez stated that it was economically competitive w.;}¡ concrete tiie, but it suited the archiœcture better and was commonly seen in the Monta Vista district. The Community Development Director added that it was a Class-A fir~ retardent roofing material. Counc. Bautista said thr.t he would like to have other roofing materials to consider. . March 21, 1994 Cupertino City Council Page 5 ~ In response to a question ftom Counc. Bautista about ':tensity, Ms. V oulgarez explained that they reached current density based upon meetings with the neighboB and had not evaluated anything lower than thal Mr. Denham added that statrs emphasis had been to keep the density up in view of the need to provide to meet the requirements of the State Department of Housing and Community Developmenl Counc. Bautista said that he would have liked to see the affect on the project to remove 2, 4, 6, and 8 homes. Mr. Denman discussed the economics of the project and said that there was already a diminution in the value through the loss of density but also because of the below-market-rate home!J. Mr. Edwin Brown, 21852 OakvJew Lane, distributed a copy of his comments which commended Summerhill for their work with the neighboB and urged that City Council approve the project. Ms. Ann Anger, 10185 Empire, expressed ~ er support for the project and discussed the history of the Monta Vista district. She said that she was sorry that a shopping center was no longer a viable use, and Cupertino was fortunate to have a company such Summerhill to develop the property. . Mayor Koppel said she was pleased to have a project she could sUpPOrt with minimal change!J. Counc. SOreD!Jen regretted the loss of senior housing and commercial uses. She remindet\ the developer that the oak trees must be treated as heritage and specimen ~ a¡;d said that the fence on the north side must insure privacy for the current ~;dents. She said she had no concerns about the roofs or the density. Counc. Dean complimented the developeB on their approach to the neighborhood. agreed with the change to the backyard setbacks and the privacy-oriented changes to the sideyards. He said he had a probl:m with street size and driveway size, and the issue of the back fence and grading difference resulting in a 3-foot fence on one side must be corrected. An issue that arose in the Seven Springs development was the unanticipated impact on the school system, and that should be reviewed for this project too. He said that Council needs to discuss policy regarding density and may need to restructure staff's recommendations to developers. þ Mayor Koppel said that staff was giving direction as best they know how because the Council has, in certain areas, supported higher densities because they have to provide additional housing. She said she could support the proposal, but wanted to try to keep full access to and ftom ~ property on Stevens Creek Boulevard. The Public Works Director said that ftom staff's point of view it's better not to have a full turning movement on a slope. It would only limit the local community who would have to go to the signal at Mann Drive, which would in turn benefit the community in general. Mayor Koppel agreed to the pro\'ision for right-turn-in, right-turn-out only. March 21.1994 cupertino City Council Page 6 . Counc. Burnett said he was in favor of the project, which was in keeping the with style of the neighborhood, and he supported the right-tum-only solution. He said he had looked at Summerhill's other project in Sunnyvale and found the roofing materials to be acceptable since there was enough relief in the roof. Counc. Bautista said this was an improvement over the previous proposals. and the architectura1 standard$ were superb. He said he would like to see how the project would look with fewer units, which may help to address Counc. Dean's concerns about street width. The grading must be addressed and the neighbors to the north shouldn't have a two-foot grade above them. This project woulå set a precedent for planned developments in the City and Council should be very careful to look at all of the options. Removing four more units would not compromise the City's position with the State, and he did not want to compromise this development to meet that ambiguous standard. . The Community Development Director said that impact of this particular development upon the schools had not been looked at, but during Genera¡ Plan discussions it was found there could be an imbalance in the future and it would have to be assessed on a year-to-year basis. The adopted General Plan showed roughly 2500 units would be built, and this project was included in that amount. The worst impact was in the eastern end of town, where a school might have to be reopened that was already closed. Ms. V oulgarez reviewed slides of the existing structure on the site and explained how close to the property line the new homes would be. Counc. Bauti!Jta said that if Council looked at different density options it would have a dramatic ch.mge on the site and the setbacks as well. Mayor Koppel !Jtated that the neighborhood seemed to be in support of the project. which weighs in the prt'jects favor. Reducing units may have a negative impact on the affordable units that the developer must provide. Mr. Denman said they had spent many months with the community in addre!Jsing their needs. There is a 10"10 ratio of affordable units, so if density is dropped the number of affordable units is dropped. They plan to provide single family detached homes at an affordable market rate, and reducing density would mean they must decide whether to proceed with the project or not, and if so, fewer units would then become more expensive. Counc. Sorensen moved to grant a Negative Declaration. Counc. Burnett seconded, and the motion carried with Counc. Bauti!Jta and Dean voting no. þ Counc. Sorensen moved to approve application 2-GPA-94 per Planning Commission Resolution No. 4512. Counc. Burnett seconded, and the motion carried with Counc. Bautista and Dean voting no. ., March 21,1994 Cupe-,ti"\I City Council Page 7 Coone. Sorensen moved to adopt Resolution No. 9060. Coune. Burnett seconded. and the motion carried with Counc. Bliutista and Dean voting no. Counc. Sorensen moved to approve Application 2-U-94 per Planning Commission Resolution No. 4513. Counc. Burnett seconded, and the motion carried with Counc. Bautista and Dean voting no. Counc. Sorensen moved to approve Application l-TM-94 per Planning Commission Resolution No. 4514. Counc. Burnett seconded, and the motion carried with Counc. Bautista and Dean voting no. 11. Review and approval of use of Twentieth Year (1994-95) Community Development Block Grant funds. (a) Resolution No. 9058: "A Resolution of the City Council of the City of Cupertino Authorizing Submittal of Funding Proposals for the Twentieth Program Year (1994-95) of the Community Development Block Grant." V era Gil, Planner II, reviewed the staff report. Ms. Linda Walker, Presiden of the Cupertino Community Services Board, apologized that a CCS representative W"dS not at the Affordable Housing meeting and said they received late notice. She reviewed the mission, objectives, and goals of Cupertino Community Services (CCS). Their long-range goal was to become more involved in affordable housing and one way was to manage a multi-unit complex. They also want to have the ability to conduct a search for owners who would delegate a unit for below market housing and CCS would s.;reen tenants and provided services. This requires increased funding, and the cut from SII,300 last year to this year's recommendation of S6,000 would prevent them from reaching their goals. Ms. Polli Rychlik, Director of Affordable Housing for Cupertino Community Services discussed the difficulties in Jìlacing tenants because of the narrow requirements by the City. Three applications were screened and submitted to the City but all three were denied. At that time it was decided that the property would be sold, and making that disclosure to potential applicants increased the difficulty in placement. She clarified that CCS did not want to offer rental subsidies. She explained that they are required to raise rents at the Cupertino Chateau annually based on the CPI increase, ar.d there were three elderly clients who could not afford a rental increase bec&use they are paying more than 75% of their limited incomes. The property owner and the City did not ",ish to negotiate further, so CCS underwrote the difference between the existing rent and the increase, which was done without the knowledge of those tenants. CCS absorbs that $57 per month out of any funds they have. March 21,1994 cupertino City Council Page 8 · Mayor Koppel said that the S10,ooo granted to CCS had originally been for administration costs of running the 10 subsidized units at Chateau C:¡pertino, and there had been minimal turnover. The money was not meant to run the day to day operation of the agency. She commended them for helping out the three individuals discussed earlier. Discussion followed regarding the appropriate level of funding for administration costs and what amount of activity may be expected in the future. Mayor Koppel asked if CCS had given thought to alternative sources of funding. Ms. Rychlik said she believed that the money was not only for placement services at the Chateau but was for affordable housing type of situations. The Planner explained that the Affordable Housing Committee was trying to get across a point the original funds were for startup, and the number of units has only increased by one but the scope of the project and the budget figures keep increasing each year. Counc. Sorensen moved to allocate an additional S4,OOO from the Affordable Housing Fund to CCS. Mayor Koppel seconded. Counc. Sorensen said she chose the figure of S4,Ooo because she felt it unfair to hit CCS with a 50% cut since it was unanticipated. · The Community Development Director said one of the primary purposes of this fund was to build the capacity of CCS to manage placement for projects that are not coming on line as had been expected, so in the future there will be more "~ts. As more projects come on line there will be greater efficiencies. Mayor Koppel said that it appears CCS is using some of the money for other needs and the Affordable Housing Committee should develop better çriteria for how the funds can be used. The motion carried unanimously. Counc. Sorensen moved approval of Resolution No. 9058 as amended. Counc. Burnett seconded, and the motion carried unanimously. The funds were awarded as follows: Housing Rehabilitation Program Administration, $15,000; Public Service Grant Implementation, $6,000; Sunnyvale/Cupertino Rotating Shelter Program, Sl1,OOO; At1òrdable Housing Placement Program, SI0,OOO; and Urban County Rehabilitation Program, $15,050, for a total ofSS3,OSO. The remaining funds will be placed in the Affordable Housing Fund for new construction, acquisition, or rehabilitation activities. SIS,OOO will be transferred from the Rehabilitation Program income account to cover City staff costs. 12. Resolution No. 9059; "A Resolution of the City Council of the City of Cupertino Rescinding Schedule C of Resolution No. 9031 and Establishing User Fees for Planning Services." (Continued from the meeting of February 22, 1994.) This re$Olution includes a $32 fees for temporary signs. Subsequently filed requests for · March 21, 1994 Cupertino City Council Page 9 . temporary signs or a renewaI of a previously approved temporary sign will be reviewed and issued at no additional fee. It was moved by Counc. Dean, seconded by Counc. Sorensen, and carried unanimously to adopt Resolution No. 9059. PLANNING APPLICATIONS 13. Appeal of Planning Commission decision approving Application Nos. ll-EXC-93 and 3-TM-92 (modified), Mark Sandoval, architect, and Joseph and Xena Szisch, property owners. The property is located at 11845 Upland Way. Anne and Bob Pressley, Jim Cunningham and Kim Rennak, appellants. The Community Development Director reviewed the staff report and showed transparencies of the plans. . Mr. Mark Sandoval, the architect, showed additional slides of the project and distributed copies to Council, and also displayed enlarged photographs of neighboring homes. He explained the changes between the original proposal and the current one, including a different grading ¡,!an, on-site parking, circulation around the house, and a landscaping plan to screen the project and its retaining waIl.. The currer.t landscaping plan has received the approval of the Central Fire District and the existing oak tree will be retained. He !Jaid that the house was not large compared to other nearby homes, which were technically in the County. One of those homes took up 23% of the property, and this home would take up 14% of the property. He explained how the roadway below this site would serve to chalUlel any water ftom the pool during seismic activity, in addition to another diversion channel located on the property. Mr. Sandoval !Jaid another objection to this project had been about the mass, and he showed a slide of one of the homes of the appellants which was a 3-story building with no screening and mitigating .....easures. He showed various views of the parcel and how privacy issues would be addressed by the design and by landscaping screening. The swimming pool will be used as a supplementary reservoir for the local area. . Mr. Morey Nelsen, the civil engineer for this project, !Jaid there could be some 40"10 slopes on the site depending upon where the measurements are taken. The average slope of this site was about 35%. The geotechnical study ftom May 1992 was the latest available. Counc. Burnett expressed concern with the findings of the study, which analyzed a hypothetical house as proposed in the origina1 application which had a light-weight frame structure. However, the design and construction materials had now changed substantially. Mr. Sandoval acknowledged that a new geotechnical report would be required. The Community Development Director explained that goology reports were done in two stages, and this report reflects the first stage. The second :;tage would be the more precise engineering work tailored to the specific design of the house. Marth 21,1994 Cupertino City Council Page 10 Counc. Dean also expressed concern about the increase in the size of the structure and the slope of the site, and the issue!J raised in the geological report. Counc. Sorensen added that a Lettis report on the local seismic faults wiIl be pu>'lished soon. Some Stanford geologists reported some recent landslides so San Jose has put a moratorium on all hillside development. She stated that she did not I-úave enough information to make a decision at this time. Mr. Jim Cunningham, 11838 Upland Way, appellant, said that the key points of his appeal were the size and visual impact on the valley floor, as well as the apparent confusion on the pari of the Planning Commission regarding how much control they have over "pipeline" projects. He said from his own house this proposed structure is not even visible, and he appealed it because of the visual impact from the valley floor. He asked that Council send this back to Planning Commission and provide guidance as to what to approve in the hillside!J. Mr. Fred Pendergast, 11700 Upland Way, said his home was located directly below the proposed project. His concem was with the size of the house, especially the height being over 30 feet with retaining walls, and how it would affect their privacy. Landscape screening would take a long time to grow high enough to be effective. Also, this house is nearly double the size of most other houses in the neighborhood, and the pool is above ground in an area that is unstable and directly above his home. He suggested that the pool be put in the ground, or preferably eliminated. He also expressed concern about water pressure in the area and the impact another home would have drawing upon the $8IDe water supply in an emergency. Mr. Bob Pressley, 11850 Upland Way, expressed concern about a house that was built in that area which is in the County's jurisdiction. After sev::rallawsuits the house was tom down and the lot is unused beca'lse they tried to build on too large a promontory. He recommended that a pool not be put in because of the seismic activity. He noted that when dril!ing for a weIl he had drilled 300 feet and was stiIl in expansive soil with no bedrock. A light-weight house could probably be acceptable. He showed a transparency of an existing homç on that hill, and then applied an overlay showing the location of the proposed home. He also said that the proposed landscap-: screening could not be allowed to grow as high as åepicted because of high-voltage and low- voltage electrical lines. Counc. Burnett felt there were serious risks in buHding on this hillside, and it was not wise to try to insta1l a pool given the history of the area and the nature of the soil. The house is too large to fit in with the neighborhood, and for its location on the hill. He would not approve development on this site without a current geological report. Mayor Koppel said she was not ready to vote at this time. It was not Council's role to decide whether the house is too large as long as it falls within the criteria approved by Council. Some additional infonnation was needed regarding the stability of the site. I March 2l, 1994 C~rtino City Council Page II Counc. Dean said that it should go back to planning with the original submission and start over again, providing accurate slope density numbers, size and weight numbers, correct and current geological reports. Counc. Bautista said that this project is an exception to the adopted General Plan guidelines, which means that Council must be particularly careful about the size, height, and geological issues. He felt the correlation between house size and slope was not acceptable. Something along the lines of the original proposal would be more appropriate and the current proposal of 6,400 square feet was excessive by about 2,000 square feet. Also, the 30-foot height, inchuling the retaining waIl, is too high. He agreed with Counc. Dean that more information is needed and the project should be returned with a smaller size, smaller height, and full geological reports. Counc. Sorensen said she felt an updated geological report was the first step and ù.... the project should go back before the Planning Commission. She said in her personal opinion the house was too big but she would not vote against it for that reason. Counc. Bautista noted that the purpose of this exception procedure was to give the Council discretion in cases where they were dealing with properties to be built on slopes over 30"10, and it was appropriate to comment on the size of the house since it was being considered as an exception. The City Attorney said if the majority of Council wants to require the applicant, as a condition of approval, to reduce the size of the house substantially, the applicant is entitled to denial oihis project or to have it go back to the Planning Commission ifhe wishes. Counc. Dean said he was not pleased with the size of the house. Counc. Burnett said his concern about the size was both aesthetic and structuraI, and he felt 4,000 square feet was more appropriate. Mayor Koppel said that Council should take a field trip to view the neighborhood, and it was inappropriate for them to dictate the size of a house. Mr. Sandoval clarified that the house size, excluding garage and basement, was 4,758 square feet Counc. Dean said in California garage space was not counted, but the basement should be included. The Council members took a straw vote on this matter. Counc. Dean moved that the applicant be instructed that Council would like significantly smaller house. Counc. Bautista seconded. The motion carried with Mayor Koppel and Counc. Sorensen voting no. The Comn;unity Development Director confirmed that a new geological report would include work by the applicant's geologist, the City's geologist's review of that work, the Lettis report involving the Monta Vista thrust fault system and tale report on the landslides in San Jose. Mr. Sandoval asked what specific square footage was desirable. The City Attorney said that the Council was not in a position to give that information. Mr. Sandoval þ March 21,1994 Cupertino City Council Pagt \2 agreed to go back to the Planning Commission with this project, and he also agreed to waive the provision of the State Streamlining Act which requires Council to act on a tentative map within a certain period of time. Counc. Sorensen asked that a geological study be performed, and to have the City's engineer present when it is heard, and that a field trip be arranged. The Community Development Director said he would arrange a joint field trip for Council and Planning Commission which will take place 45 minutes before the regular Commission meeting. He added that it will take one to two months to complete the geological repom, and that this item will be re-advertised. NEW BUSINESS IS. Report un yard waste program. . The Public Works Director reviewed the staff report. Discussion followed regarding program options and the costs associated with them. Counc. Dean said it was important to improve notice to residents of the clean-up day sched¡de. Mayor Koppel said it should be made cle¿or that the results of the survey were advisory only. Council concurred to authorize staff to proceed with an advisory survey to be conducted through the use of the Cupertino Scene and City Net to determine the desires of the community. Ms. Ann Anger, 10185 Empire Avenue, discussed the programs in other communities which allow citizens to request a special pickup of non-recyclables for a fee. She presented a flyer from a recycling company which will pick up appliances for a fee. She suggested that the City inform its citizens of the companies that are available to pick up discards. Mayor Koppel asked that the information be given to the City's Public Infonnation Officer, who would include it in the Cupertino Scene. ORDIN/ .NCES 16. Second reading and enactment 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 AI-43 Zone to RHS Zone; Located at 22045 Regnart Road, APN 366-46-004 <Application 3-Z-93 - Mahon)." The City Clerk read the title of the ordinance. It was moved by Counc. Koppel, seconded by Counc. Sorensen, and passed unanimously to read Ordinance No. 1646 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Koppel, seconded by Counc. Burnett, and passed 3-2 with Counc. Burnett and Sorensen voting no that Ordinance No. 1646 be enacted. . March 2\, \994 Cupertino City Council paget3 . COUNCIL REPORTS Mayor Koppel said that she had gone to the National League of Cities meeting in Washington D.C. last week. It was announced there would Oe full funding for the Tasman corridor, and that MTC would not be able to give the $237 million to BART. There must still be matr.bil'lg funds from the County, but if the appeal of Measure A at the Supreme Court fails there would be another opportunity to get the funding. Mayor Koppel attended a meeting last week for Community Services and found that no other communiûes had considered doing a joint powers agreement to help out libraries. She congratu1ated Supervisor McKenna and Don Brown for their work on that proposal. . The Public Works Director reviewed the recommendations of the Legislative Review Committee, as follows; (I) Support SB 1477, Building Occupancy Levels (Bergeson), to reduce overcrowding; (2) Oppose AB 3156, Emergency Medical Services (Tucker), which establishes a state-wide standard; (3) Support ACA 34, State Mandates (Pringle, et. al), which requires subvention of funds to reimburse local costs for state-mandated programs; (4) Oppose AB 3167, Graffiti Preemption (Epple); and (5) Support AB 2219, Recall Elections in municipalities (Horcher). Mayor Koppel said that she was not in favor of the provisions of AB 2219 which would require the recalled individual's replacement to be chosen in the same election as the recall. It was moved by Counc. Bautista, seconded by Counc. Dean, and carried unanimously to adopt the first four recommendations of the Legislative Review Committee and to take no position on AB 2219. ADJOURNMENT At 11:06 p.m., the City Council meeting was adjourned. kfflMå fmøj Kim Marie Smith City Clerk .