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CC 04-04-94 , , , . . CC-877 MINUTES Cupertino City Council Regular Meeting April 4, 1994 PLEDGE OF ALLEGIANCE Mayor Koppel led the Pledge of Allegiance, and called the meeting to order at 6:48 p.m. in the City Council Chambers, 10300 Torre Avenue. ROLLCALL Council members present: Jolm Bautista, Don Burnett, LauraIee Sorensen, Wally Dean, and Mayor Barbara Koppel. Council members absent; None. Staff Present: City Manager Don Brown City Clerk Kim Smith Administrative Services Director Blaine Snyder Community Development Director Bob Cowan City Attorney Charles Kilian Public Infonnation Officer Donna Krey Public Works Director Bert Viskovich Parks and Recreation Director Steve Dowling CEREMONIAL MATI'ERS - PRESENTATIONS POSTPONEMENTS It was moved by Counc. Sorensen, seconded by Counc. Burnett and carried ,manimously to continue Item No. 14, a request for financial support ftom Joint Venture Silicon Valley, to the meeting of April 18, 1994. CONSENT CALENDAR It was moved by Counc. Dean, seconded by Counc. Burnett, and passe<l,manimously to adopt item Nos. 1 through 8 on the consent calendar as recommended. I. Resolution No. 9061: U A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Danands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 18, 1994." 2. Resolution No. 9062: "A Resolution of the City Council o!the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and Frore the Funds as Hereinafter Described for General and Miscellaneo\L'I Expenditures for the Period Ending March 25, 1994." Apri14,1994 cupertino City Council Page 2 3. Resolution No. 9063: "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 25, 1994." 4. Approval ofminutcs of the meetinss of March 7, March 17, and March 21,1994. S. Resolution No. 9064: "A Resolution of the City Council of the City of Cupertino Approving Policy for the Procurement of Recycled Paper and Recycled Paper Products." 6. Acceptance of municipal improvements at The Wherehouse, 21000 Stevens Creek Boulevard, M. S. Partnerships, a La Mancha Development company 7. Resolution No. 9065; "A Resolution of the City Council of the City of Cupertino Authorizing the Execution of Documer.1s Pertaining to Independent Cities Lease Finance Authority (lCLF A) Related tc the Association of Bay Area Governments (ABAG) Loan." 8. Request for waiver of facili!"j use fees from Cupertino High School for Senior Baccalaureate to be held at Quinlan Community Center. Ysm: Members of the Ci\y Council AYES: NOES; ABSENT; ABSTAIN: Bautista, Burnett, Dean, Koppel, and Sorensen. None None None PUBLIC HEARINGS 9. Public hearing concerning a nuisance on Parcel 326-25-028 located at 10101 and 10103 Alhambra Avenue regarding the accumulation of debris/trash and other material stored in the front yard and carport area, and an auto repair business being conducted on property. (a) Resolution ~!"'_ 9066: "A Resolution of the City Council of the City of Cupertino Ordering Abatement of Public Nuisance at 10101 and 10103 Alhambra Avenue." The Aèministrative Services Director showed photographs of the property at 10101 and 10103 Alhambra A venue. He explained that nine of the photographs were both before Þ and after some clean up was done on February 17, 1994 April 4, 1994 cupertino City Council Page 3 þ Mr. Joseph Martin, 10159 Empire Avenue, stated that he was the owner of the property in question. His stepson lived in the house and was not doing business as a mechanic, although he had perfonned some work on Mr. Martin's car for wrich he was not paid. There had already been a lot of debris removed and they were still in the process of clP.aning up some other things on the property. Mr. Martin said that he had not received any other notice except for the letter from the City Clerk three weeks ago and a letter ftom Code Enforcement telling him that he needed to clean up the property. Mr. Martin said that he had spoken to a Code Enforcement Officer named Gary in December of last year after he had started cleaning up the property and was told that it looked okay, so he assumed that nothing else needed to be done. The Administrative Services Director reviewed the dates of registered letters which had been $eDt to Mr. Martin's home. He added that he had spoken to the Code Enforcement Officer GarJ Komahrens today and there was still debris on the property Also, a public notice has been posted on the property regarding this abatement hearing. He said the staffs recommendation was to declare this a public nuisance and to proceed with the abatement The City Attorney recommended that the Council not make a finding with respect to the alleged al'to repair business on the property since there was no evidence of that acti-Yity. . It was moved by Counc. Dean, seconded by Counc. Sorensen and carried unanimously to declare the outside storage at 10101 and 10103 Alhambra a public nuisance; and fin1hermore, that the property owner be ordered to permanently abate said nuisance before April 14, 1994, or City staff will have the said items removed and the costs assessed to the property owner. 10. Public hearing to consider aJepting a revised smoking ordinance. (a) First r-lil'lg of Ordinance No. 1647; "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.25 of the Cupertino Municipal Code to Regulate Smoking in Public P11I'-~." The City Manager distributed copies of the matrix comparing smoking ordinances among the cities in Santa Clara County. The City Attorney referred to a letter of March 30, 1994, ftom the Tri-County Apartment Association which asks that the ordinance shift responsibility from the property owners to patrons or residences for any violations of the smoking ordinance. He ~ that the ordinance, as proposed, already contained that condition. . J.¡xil 4, 1994 Cupertino City Council Page 4 þ Ms. C81...line Lee Baker, 10327 Cold Harbor Avenue, said that she ar.d her husband supported the stronger regulations proposed by this ordinance. She said that for many years it was known that second-hand smoke was dangerous, and it poses a serious thre&t to children. Ms. Baker said she works for the American Cancer Society in the smoking c....'..hon clinic and she knows how hard it is to quit because she used to smoke herself, but the health risks were too great to be ignored. Mr. Michael GaIane, 10195 Scenic Boulevard, Acting Pre!Jident of the American Heart Association, reviewed some statistics regarding the number of illne5$CS and deaths associated with exposure to tobacco products and second hand $IDoke. He said it is corm:t to view this as a health issue and that citizens expect government to protect them fÌ'om hazardous situations. Linda Rose Mar, 20370 Town Center Lane, Suite 100, explained that the bu:!ding in which her business was located has a ventilation system that .;overs more than her own suite so that the air circulating through her office contains $IDoke fÌ'om the other suites. Many people have allergies and exposure to smoke can make that worse. Ms. Mar said she strongly supports the ban on smoking in office buildings unless a separate ventilation system is provided. þ Ms. Betty Schlichting, 20215 Northglen Square, said she was a $IDoker and opposed the smoking ordinance. There was no proof that smoking cal'yod all the negative effects attributed to it SI:o.e said that businesses in San Jose, especially restaurants, had lost a lot of customers by going non-$IDoking, and that government does not have the right to tell a proprietor how to run his business. The next step might be to ban $IDoking in vehicles or $IDoking in private homes. Mr. Richard Robinson, representing the Santa Clara County Anti-Tobacco Coalition, expressed support for this ordinance bee"u"'"' it is a health issue and because of the positive economic impact that it would have. He said his firm was hired by the Cupertinc Chamber of Commerce to increase sales tax within the City and the most effective way was to pass this ordinance. Despite rumors, studies have shown that sales tax revenue actually increases when $IDoking (,rdinances are passed He said sales tax revenue increased by 41.t"/Ó in Palo Alto and more than that in Los Gatos. Sandy Bouja, 10961 Lucky Oak, representing the Am.:rican Lung Association and a member of the Santa Clara County Anti-Tobacco Coalition, said that $IDoking is a health issue and it has been proven that 53,000 people die every year ftom second hand $IDoke and she commended the Council for looking at this issue and pointed out that it will also serve to protect the health of employees, which is an area that is sometimes overlooked. . Mr. Pete Warburton, 11001 Lucky Oak Street, urged Council to adopt the proposed ordinance. He said he chose to patronize restaurants that banned all smoking and that his last place of employment was a better place to wOik because smoking was also banned there. Mr. Warb!ll1on said his wife quit smoking at the age of 59, but was disabled by emphysema and died last December at the age of 65. April 4, 1994 Cupertino City Council PageS t Mr. James Gray, 4886 Moorpark Avenue, San Jose, said that he represented the Y's Men's Clubs and the YMCA. He asked for clarifications on the ordinance as it would apply to bingo parlors. The City Attomey said that bingo parlors would still be exempt from the smoking ban. Mr. Gray said that he was not opposed to the ordinance and added that they had a separate non-smoking area with its own air conditioning and only about 25% of the non-smoking patrons used thaL Sharon Mcrion, 63 Metro Drive, San Jose, representing the Building Owners and Managers Association, distributed copies of her statement which expressed support for the non-$ß1oking ordinance. She said the issue of indoor air qua!ity is important because it affect:; comfort, health and safety. In their Office Building Fire Safety Survey published in October, 1993, it was shown that smoking was the number one cause of workplace fires, accounting for 26% of all such fires nationally. Also, if buildings were not made smoke-free, the only means to ensure that second-hand smoke is not ~distributed is to create separately ventilated areas for smokers. Retrofitting is costly as is the design and installation of separate ventilation systems in new buildings. She urged the Council to make Cupertino smoke free. . John Statton, executive director of the Cupertino Chamber of Commerce, said they had sent a letter to all the businesses and bar owners in town providing them with San Jose's ordinance for initial review. There were three main responses; 1) The restaurant owners did not want to be the "bad guys" and tel! their patrons that smoking was no longer allowed. 2) A number of restaurants had already banned smoking for the comfort and health of their employees and patrons; and (3) There were a few cases of restaurant owners that were strongly opposed to the ordinance, especially for small restaurants and businesses that could not put in partitions such as PJ Mulligan's. Mr. Statton suggested that the ordinance be explicit in its exemption of limousine services; that it be phased in over a 90 day period to give the owners an opportunity to comply; and that it allow individual restaurant and bar owners to plead their cases on an individual basis. Mr. Statton said that the Chamber agreed with the majority of the speakers that the evidence that second-hand smoke is a carcinogen is overwhelming. In the normal course of time, the marketplace will take care of this issue but Council's actions tonight will hasten iL It must be recognized that some people will be more adversely affected by the ordinance than others. Mr. Michael Martindale said that he was a smoker, too. Using the statistics about the number of people who contract cancer from second hand smoke, he calculated that the total is .06 of 1%, which is statistically meaningless. He suggested that if Council wants to cut down on the nunlber of death!J then automobiles should be banned. . Counc. Burnett said he would prefer to have a complete ban on smoking because all employees deserve protection. He was particularly concerned about the increase of smoking by youngsters and he felt that the ordinance was a fair compromise. April 4, 1994 Cupertino City Council Page 6 þ Counc. Sorensen said that she heard the citizens' concerns about economic impacts and took that into account as she made her decision. She was going to vote yes because the health impacts were overriding and she endorsed the suggestions made by the Chamber of Commerce. Coone. Dean referred to AB96 and said that the State could invoke legislation to throw out any action taken by Council on this matter. He agreed that the 90 day phase-in period was important He also discussed the smoking situation at bingo halls and said that the City had issued five bingo permits. The majority of players were smokers and as long as the bingo parlors met the ordinance regulations regarding separate ventilation. etc., there w;¡uld be a place for non-smokers to play. He was in favor of the ordinance. . Counc. Bautista said he supported the ordinance with the 90 day phase-in as suggested by the Chamber of Commerce. One of his concerns was the way that the ordinance dealt with smoking in hotels. The current ordinance would restrict smoking to 50"10 of guest rooms, but it dido't specify $taIldards as far as separate ventilation systems. It may not be practical in some cases, but he felt that the ordinance should be more restrictive. The City Manager indicated that the City of San Jose does not require separate ventilation systems for hotel and motel rooms. They do require that smoking and non-smoking roolllS be grouped together. Mayor Koppel said both of the hotels in Cupertino had voluntarily designated at least 50"10 of their guest rooms as non-smoking. She said she had mixed feelings about the ordinance because Cupertino is a progressive city and businesses have made the smoking restrictions voluntarily. She added that the owners of three different restaurants had indicated their desire to go non-smoking because it improved their ability to make seating arrangements. She said she would reluctantly support the ordinance if Council agreed with the recommendations offered by the Chamber of Commerce, such as exempting limousines and a couple of other businesses that might have difficulty complying. Mayor Koppel referred to taxing smokers and suggested that the Council send a resolution to the Pre!Jident indicating that we should quit subsidizing the tobacco industry. The City Attorney explained that the exception process may have some difficulties because Council cannot exempt a specific business from the ordinance. He suggested that the individual business owners present their case to Council and then attempt to draft an exemption category which would fit all of them. Counc. Bautista said that one example was a bar with a No. 47 liquor license. The City Attorney clarified that it was a bar which also served food and had no separate ventilation system. Counc. Sorensen said that most hotels and motels do not have separate ventilation system for their smoking and non-smoking rooms and it doesn't seem to be a major concern. . Discussion followed regarding the time frame on the assembly bill (AB13) and whether it could preempt any action that the City Council took at this time. April 4, 1994 cupertino City Council Page 7 þ Mr. Richard Robinson said the bill was now in the Senate Health Committee but the author of the bill was pulling his support since the tobacco induW)' was trying to get it passed. He urged that Council adopt the ordinance soon to put Cupertino on record so that they are protected fÌ'Om the preemption which could take place in 1995 if the bill is passed as written. The City Manager said that the League of California Cities bulletin indicated the tobacco industry was trying to qualify an initiative on the ballot that would preempt all local ordinances. both past and future. Discussion was held regarding the various bus:negses in town which would be classified as bars with incidental food service and how to addre$$ those busine!JSCS in the ordinance. Mr. Statton stated that was the primary type of exemption that he had found during his survey. Mr. Robinson said that in Santa Clara, any establishment that lets in someone under the age of 21 was a smoke-free restaurant He suggested that the Council pass the ordinance tonight, but delay administrative enforcement to allow a phase-in period. Mayor Koppel said that another issue not yet discussed was the bowling alley. Smoking was not allowed on the lanes, but was allowed in the bar and on the concourse and she hoped to make it exempt . City Manager Brown reviewed each of the proposed amendments and a straw vote was taken. 1) Limousines would be ex.:mpt if they have a partition which keeps smoke ftom passing between the driver and passenger compartment The vote was 4-1 with Counc. Burnett voting no. 2) Enforcement of the ordinance would begin 60 days after the ordinance became effective. The motion carried 4-1 with Counc. Burnett voting no. 3) Hotels and motels shall have at least SO"Æ. of their rooms non-smoking. The motion carried 4-1 with Counc. Bautista voting no. Further discussion was held on the concept of the over 21 rule for bars that have incidental food service. Mr. Martindale said that such a rule made no sense if cigarettes could still be sold to people under 21. Counc. Bautista suggested an amendment to page 3, paragraph b, so that the sentence reads as follows: "Bar" and/or "cocktail lounge" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises in which the servicing of food is only incidental to the consumption of such beverages such as bars serving food but to which children under 21 are not allowed entry." The Council . members concurred with that amendmcnt Atri14,1994 Cupertino Cir} Council Page' Discussion followed regarding the bowling alley. The City Manager stated that they bad a physically separated bar, but the concourse would not qualify for smoking. It was moved by Counc. Sorensen and seconded by Coone. Dean to continue this item to the next meeting. NEW BUSINESS 11. Request Îor public hearing to amend various sections of Title 17, Signs. including requirements for political signs and size reguiations. Mr. Gordon Frolich, 1202 Belkllap Court, stated that he was involved with the sign ordinance a year ago and that he offered his services to work with City staff in making these amendments. It was moved by Counc. Sorensen, seconded by Counc. Dean and carried unanimously to authorize staff to set a pubhc hearing to amend Title 17, Signs, of the Cupertino Municipal Code. 12. Discussion regarding establishing a date for a joint City Council and Planning Commission meeting to review the "Sandoval Application" site located on Upland Way. Council concurred to set the joint meeting for May 23, 1994, at City Hall at 6;00 p.m. to take a field trip to the Upland Way site. 13. Request ftom the Fine Arts Commission to provide funds to Euphrat Museum of Art to co-sponsor Euphrat Museum's annual Family Day. The City Clerk reviewed the staff report and explained tbat the funds would be taken ftom the Fine Arts Commission's special events budget. They had planned to use the funds for a family oriented function and wnuld be able to reach the same audience by co-sponsoring the Euphrat Museum's fourth annual Family Day. It was moved by Counc. Dean and seconded by Counc. Sorensen to authorize the expenditure of $1,000 ftom the special events budget of the Fine Arts Commission to co-sponsor Family Day in conjunction with the Euphrat Museum of Art. 14. Request for fmancial support ftom Joint Venture Silicon Valley. Council concurreå to continue this item to April 18, 1994. April 4, 1994 Cupertino City Council Page 9 IS. Amendment to Transportation DeIIUiIId Management Program. (a) Resolution No. 9067: "A Resolution of the City Council of the City or" Cupertino Rescinding Resolution No. 8616 Relating to the Administration of the Transportation Demand Management Ordinance." (b) Ordinance No. 1648: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.38 of the Cupertino Municipal Code Relating to Transportation Demand Management" The Director of Public Works reviewed the staff report. He explained that all of the cities in the county are making the same change which was to designate the Bay Area Air Quality Management District (BAAQMD) as the administrator instead of the Congestion Management Agency. It was moved by Counc. Bautista, seconded by Counc. Burnett and carried unanimously to adopt Resolution No. 906"1. It was moved by Counc. Sorensen, seconded by Counc. Bautista and carried unanimously to read Ordinance No. 1648 by title only and the City Clerk's reading to constitute the first reading thereof. STAFF REPORTS 16. Update on the modification of the compost program. The Director of Public Works reviewed the staff report and explained that the compost program would be modified as follows: I) All compost pickup will be by appointment only; 2) Each household will have an allocation of either six bags or one Wlbagged pickup per quarter; 3) Pickup will occur each Saturday between the hours of 8:30 a.m. and 10;00 a.m.; 4) Allocation will be monitored by the use of the Los Altos Garbage Company bill for the quarter. Persons obtainil'lg compost must have both an appointment and their IatesI garbage bill. The program will begin on April 9 for unhagged compost and April 16 for bagged compost. The compost hotline number is (408) 725-2923 and reservations are made by calling (408) 777-3269. Council concurred to receive the report. COUNCIL REPORTS Mayor Koppel !J8id that the Board of Supervisor!J would be considering increasing booking fees and that she would represcnt the Cities Association at their meeting tomorrow. She!J8id that the staff for the Board has recommended that the item be , . , , April 4, 1994 Cupertino City Council Page 10 t continued until they have the audit report. Regarding the Highway 8S grand opening. there will probably not be a race along the entire corridor because the Town of Los Gatos does not want a race through their community. The race will probably take place in San Jose. ) The City Manager summarized the recommendations of the Legislative Review Committee as follows; (I) Oppose AB 13, smoking and tobacco control, which Council had origiru;1::r supported but which has been amended by the smoking lobby; (2) Support AB 2742 (L.:e) which gives the state Álcoholic Beverage Commission more power to revoke liquor license in establishments that have lost their use pennits from cities; (3) Oppose AB 2414 which would require a traffic hearing officer to be a graduated attorney, but not necessarily having passed the bar. This would cause problems for the City because the City Manger or his designee is the hearing officer; (4) Support AB 2711 (Y. Brown which would require peñormance auditing of various state agencies on a rolling basis at the state level: (S) Oppose SB 1823 which would add unreasonable procedural processes to disciplining public safety officers; (6) Oppose AB 3327 which it would institute onerous requirements for the cities to adopt and review their safety elements of the General Plan which would be expensive and time consuming: (7) Support a request froill t.he City of Modesto to allow cities to provide for clean up cost! and fines of up to $1,000 10 minor or minors' parents involved in graffiti on private property; (8) Support SB 2972 regarding municipal liability. It had been referred to the City Attorney at the previous meeting and he recommended strongly Council support this bill. It was moved by Counc. Bautista, seconded by Counc. Dean and carried unanimously to approve the recommendations. Counc. Sorensen said that the Cheny Blossom Festival was a success and the up and coming little drummers were very good. She said she had attended the Joint Venture Leadership Council meeting. Retention is the key word for Economic Development Committee to try to keep businesses in the valley. They raised $20 million for start up costs last year. The environmental industry will grow by 40"/0 by 1997. Regarding Item No. 14 which was continued for two weeks, seven cities have made commitments of between $25,000 and $SS,OOO and 21 cities are being contacted. Mayor Koppel announced that the employee award luncheon will be held on Thursday and Saturday morning at 9:00 a.m. is the Monta Vista Park dedication. ADJOUR..1\ßfENT At 8:35 p.m., the City Council adjoumed. . ¿nt'yr1ilW,~ Kim Marie Smith City Clerk