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CC 06-06-94 , CC-881 MINUTES Cupertino City Council Regular Adjourned Meeting June 6, 1994 PLEDGE OF ALLEGIANCE At 6;50 p.rn., Mayor Koppel called the meeting to order in the Council Chambers, 10300 Torn: Avenue, Cupertino, and lead the Pledge of Allegiance. ROLLCALL Council members present; Jolm Bautista, Don Burnett, LauraIee Sorensen, and Mayor Barbara Koppel. Council members absent: Wally Dean. Staff present; City Manager Don Brown; City Clerk Kim Smith; Administrative Services Director Blaine Snyder; Community Development Director Bob Cowan; City Attorney Charles Kilian; City Planner Ciddy Wordell; Parks and Recreation Director Steve Dowling; Planner II Vera Gil; Public Information Officer Donna Krey; Public Works Director Bert Viskovich; CEREMONIAL MATTERS - PRESENTATIONS Mayor Koppel presented a proclamation commemorating the 50th anniversary of D-Day, June 6, 1944, to Mr. A1fred Shamble, Commander of the Stevens Creek American Legion Post No. 642. ORAL COMMUNICATIONS Mr. Peter Hou!J8id he owned the Pacific College of Massage at 19997 Stevens Creek Boulevard. He asked that the City waive its requirement that he submit origina1 health certificates when applying for a m..cc'!ge permit. He explained that the originals were occasionally needed for other purposes, and asked ifhe could in.<Ztead show the origina1 form at the time of application, but leave a copy for the City's records. The Administrative Services Director explained that for the City's purposes and for the protection of the community it was appropriate for the City to retain the origina1 forms, as is done for invoices and other documents that come to the Finance Division. The City Attorney indicated that he had discussed this matter with Mr. HoD, and it was important that the City retain the original medical certificate. He explained that there was no additional hardship created for Mr. HoD, because all of the applicants for this permit also had to submit origina1 documentation. : . . . June 6, 1994 cupertino City Council Page 2 CONSENT CALENDAR It was moved by Counc. Sorensen, !JeCOnded by Counc. Burnett, and carried tuumimously, with Counc. Dean ab!Jent, to adopt items No. 1 through lIon the consent calendP.: as presented, and with corrections to the minutes of M!y 2, 1994: 1. Resolution No. 9095: "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 Genera1 and Miscellaneous Expenditures for the Period Ending May 13, 1994." 2. Resolution No. 9096: "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 May 20,1994." 3. Resolution No. 9097: "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 May 20,1994." 4. Resolution No. 9098: "A Resolution of the City Council of the City of Cupertino Setting Date for Consideratiol' of Annexing Area Designated 'Byrne Avenue 94- 01', Property Located on the West Side of Byrne Avenue Between Lomita Avenue and Almaden Avenue; Approximately 0.85 Acre, O'Connor (APN 357- 11-015)." S. Resolution No. 9099: "A Resolution of the City Council of the City of Cupertino Making Determinations and Approving the Annexation of Territory Designated 'Stelling 94-02', Approximately 0.32 Acre, Located on the West Side of Stelling Road Between Rainbow Drive and Squirehill Court; Shvarts (APN 362-23-035)." 6. Approval of minutes of May 2 and May 16, 1994, City Council meetings. Counc. Burnett asked that the minutes of May 2, item No. 21, be amended to reflect that Counc. Burnett abstained instead ofCounc. Bautista. 7. Resolution No. 9100: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Bahador Askarinam Consisting of Approximately .058 Acres, Located at 10680 Merriman Road." 8. Resolution No. 9101: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights ftom Bah3dor Askarinam, 10680 Merriman Road." June 6, \994 cupertino City Council Page 3 » 9. Resolution No. 9102: WA Resolution of the City Council of the City of Cupertino Authorizing Execution of Agency Agreement for Countywide Household Hazardous Waste Collection Program' Between the County of Santa Clara and the City of Cupertino." 10. Resolution No. 9103; WA Resolution of the City Council of the City of Cupertino Authorizing Execution of Cooperative Agreement No. 7-CUP Route 85 Community Landscaping', Betwæn the Santa Clara County Traffic Authority, a Public Entity of the State ofCaIifomia, and the City of Cupertino." 11. ResolU'Jon No. 9104: WA Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement Between the State of C!llifornia and the City of Cupertino Providing for the Widening of the Overcrossing Structure Route 280 at DeAnza Boulevard." Y21I: Members of the Ci\y Council AYES: NOES: ABSENT: ABSTAIN: Bautista, Burnett, Koppel, and Sorensen. None Dean None ITEMS REMOVED FROM THE CONSENT CALENDAR 12. Resolution No. 9105; WA Resolution of the City Council of the City of Cupertino Designating Permit Parting on Wilkinson Avenue From Hyannisport Drive to Colmnbus Avenue." Ms. Suzanne Ford, 10853 Wtlkinson, said that she had signed the petition in mvor of permit parking on that street, but felt it should only be done as a last resort. She asked that this item be continued for one month to allow her to meet with represet!~ves &om Monta Vista High School regarding ways to address the parking situation. She added that she had told as many neighbors as possible that she was asking for this continuance. Council concurred to continue this item to the Consent Agenda of July 5, 1994. PUBLIC HEARINGS 13. Applications No. 81,150 and 16-EA-93 - City of Cupertino - Amendment to Chapters 19.96 and 11.29 of the Cupertino Municipal Code, including regulations regarding recreational vehicles. (Continued from the meeting of May 16, 1994.) (a) First reading of Ordinance No. 1650; "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.96, Parking and Keeping of . June 6, 1994 Cupertino City Council Page.. þ Vehicles in Various Zones, and Chapter 1\.29 of the Cupertino Municipøl Code, On-Site Parting, of the Cupertino Municipal Code." Mr. Greg Beall, 22437 St Andrews Avenue, said that this issue was raised by SL Andrews residents. Mr. Modlin did not go the extra mile to notify the neighbon of his plans, although he knew they were not in keeping with the intent of the origina1 ordinance. Mr. Beall said allowing the motorhome to remain in the front yard was detrimental to property values. He suggested that Council amend the ordinance to !JaY that vehicles would be allowed under terms agreeable to the Good Sam Club. He asked Mayor Koppel why she told St Andren residents she was in favor of a 9O-day period for compliance, but later changed her recommendation to 2 years. Mayor Koppel said that it was necessary in terms of being able to enforce the ordinance, since the City only had two code enforcement officer!J. þ Mr. Dick Modlin, owner of the motorhome which had triggered this ordinance change, said that he was not happy with the change but he would accept it. He said it would create a financial hardship for him, and he had already spent !JeVeraI thousand dollars to obey the CUITeDt law. He had spoken to a couple of neighbon who would be most affected and they did not have a problem with his plan to park the RV in his front yard. He had misunderstood how the area was to be measured. which was why he poured too much concrete, but that situation had been corrected. The City Clerk read the ordinance title. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Counc. Dean absent that Ordinance No. 1650 be read by title only, and the Clerk's 'PSItling to constitute the first reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed with Counc. Dean absent and Mayor Koppel voting no to approve Ordinance No. 1650 for first reading. 14. Applications 81,151 and l-EA-94 - City of Cupertino - Amendments to various sections of Title 17, Signs, of the Cupertino Municipal Code, including regulations for political signs and sign sizes. (a) First reading of Ordinance No. 1655: "An Ordinance of the City Council of the City of Cupertino Amending Sections 17.24.130, Ground Signs; Information Contained, 17.32.01 0, Temporary Signs: Location, 17.32.040, Temporary Political Signs, 17.44.030, Planning Commission Review Required, 17.44.080, Appeals ofTitle 17, Signs, of the Cupertino Municipal Code." . The Community Development Director reviewed the proposed amendments including those regarding political signs which would bring the City's ordinance into conformance with federa1law. . June 6, 1994 Cupertino City Council Page s · Mr. Gordon Frolich, 1202 Belknap Court, said that these changes were what he had proposed last year. He noted that portions of the ordinance said "Except for political signs" which could actua1ly encourage the posting of poliûcal signs in those places, such as public utility poles. The City Attorney said it would be allowed, but was not encouraged, and if it was owned by another entity, such as PG&E, they would have the option of removing the signs. Mr. Frolich suggested the wording of Section C, subparagraph 2, be amended to delete the word "written", so that verbal consent could be given to post signs on private property. He also sugge!Jted striking the phrases "except for political signs" and instead refer to Char.:er 17.16, Exempt signs. The Cit) Attorney explained that for political signs posted on utility poles, the utility company may choose to remove the signs, but the City cannot dictate that they be removed unless the signs pose a health and safety hazard. The Community Development Director recommended against removing the requirement for written approval since the ordinance applied to signs of all kinds, not just political signs. · The City Attorney said another possibility for Council to consider would be to prohibit all signs in the public right of way or a public utility area. Counc. Bautista said it was important to know if there are commercial signs in the encroaching right-of-way before Council took that step. Coone. Sorensen said she would like these proposed sign ordinance changes to go back to the Planning Commission for public input. Counc. Burnett said he was satisfied with the proposed changes, and the safety issues were adequately addressed in the pre!JeDt wording. Counc. Bautista felt that they should see how the public feels about regulating all sign in the public right-of-way. Counc. Bautista moved to refer this item to the Planning Commi!l$ion to review (1) The wording changes as discussed, including the removal of the phrase "except for poliûcal signs" from certain sections of the code a:ld referring instead to the section on Exempt Signs; and (2) Consider banning signs in all public rights-of- way. Counc. Sorensen seconded, and the motion carried with Counc. Dean absent and Counc. Burnett voting no. IS. Application I-GPA-94 and 3-EA-94 - City of Cupertino - Consideration of amendments to the Housing Element of the General Plan. (a) Resolution No. 9106: "A Resoluûon of the City Council of the City r.f Cupertino Approving Application l-GP A-94, Draft Amendments to the Housing Element of the General Plan." · . . . June 6, 1 ~'4 Cupertino City CoUŒil Page 6 The City Planner reviewed the staff report and explained the changes shown on amended Appendix B of the General Plan, included in the backup materials. Counc. Burnett said he was opposed to higher density. What staff proposes would satistÿ the State's immediate requirement, but a move to higher density would not be in the best interests of the City. They should continue to encourage low- density development and look at each project sepaaatcly in determining whether it is appropriate for the City. The City Planner explained that these amendments will give the City a larger pool of housing, some of which will build out to the greatest amount and some not at a1I, so it increases the possibilities available to Council. Counc. Burnett agreed with Counc. Bautista that so many more houses would have a tremendous impact on the infrastructure. Counc. Burnett ag¡eed to support the amendments because it had to be done to comply with the law under current circumstances. The City Attorney noted that the draft resolution in the packet was incorrect. The corrected resolution will approve the amendments to the draft Housing Element, direct staff to forward the draft Housing Element to the Departm~t of Housing and Community Development, and to continue the public hearing to July 5 for final consideration. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried with Counc. Dean absent and Counc. Bautista voting no to adopt Resolution No. 9106 as amended. NEW BUSINESS 16. Award of contract for Reconstruction of Curb$, Gutter.¡ and Sidewa1ks, Project 94-103. The Public Works Director reviewed the bids received. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimQusly with Counc. Dean absent to (I) Award only the base bid in the amount ofS84,292.34 to P & F Construction based on the lowest bid mbmitted, and authorize the staff to negotiate on the alternate bid; and (2) Authorize a 10% contingency ofS8,400 for a total project of$92,692.34. 17. Draft Housing Mitigation manual. Planner Vera Gil reviewed the staff report and explained the proposed amendments. Counc. Burnett noted some typographical errors. Mr. Mike Bruner, 1144 Derbyshire Drive, raised a qUC!Jtion about fees in-lieu of development. The Planner highlighted section 2.2.3 on page IS of the staff report. . JUDe 6,1994 cupertino City Council Page 7 þ Ms. Jackie Diller, 2152 Leavenworth, San Francisco, said she represented Maxim Property Management She suggested adding a clause to give Council the flexibility to negotiate the residential measure on a case-by-case basis instead of specifying exactly what percentage must be low-i or very-low income units. The Planner ~d they would be reluctant to have development reviewed on a case-by- case basis, and the option bas been provided that if the below-market-rate units can't be constructed onsite, they can be offsite. They are trying to insure that apartments serve low-iand very-low income families, and newer developments for sale will not be able to serve those families. Counc. Burnett said he supported the staff position on this item because they did face problems in providing housing for low income levels. It was moved by Counc. Bautista, seconded by Sorensen, and carried with Counc. Dean absent and Counc. Burnett voting no to approve the Housing Mitigation Procedural Manual as submitted in the staff report, with an amendment to Section 2.2.3 to include the phrase "the City will consider an in-lieu fee or other alternatives consistent with the General Plan." 18 Resolution No. 9107: "A Resolution of the City Council of the City of Cupertino Opposing the Tobacco Industry's Tobacco Initiative." . It was moved by Counc. Sorensen, seconded by Burnett, and carried unanimously with Coone. Dean absent to adopt Resolution No. 9107, and to direct staff to forward a copy of the resolution to the appropriaie legislative committees. 19. Review and approve reconciliation with Lo!J Altos Garbage Company and further discussion of yard waste program modification. The Public Works Director reviewed the staff report and discussed the options for reimbursement It was moved by Counc. Burnett, seconded by Counc. Sorensen, and carried unanimously with Counc. Dean absent to (I) Receive $271,715 over the next six Year!J in the form of yard waste service equivalent to $55,590 per year; (2) That the $25,410 be paid &om the resource recovery fund annually for the next six Year!J to totally fund the yard waste program and cleanup at a total of 581,000; and (3) That the cost of living increase over the next six Year!J keep this modification to the yard waste program sufficiently funded. 20. Review of recommendations &om the Fremont Older Task Force regarding interim use of the Fremont Older site. þ The Parks and Recreation Directo: reviewed the staff report. He showed a plaque presented by the student body of Fremont Older school,. to mounted at the site of the former school when the park renovation is completed. He commended Ms. t þ þ June 6, \994 Cupertino City Council Page I Wendy Annstrong for her work on the plaque, and Mr. Dick Lohmiller for chairing the committee. The Parks and Recreation Director explained that it was not viable for the child-care facility to remain there for two years because they are losing their student population, but they will remain in operation through August to allow a more reasonable transition period for parents who need to find another child-care facility. It was moved by Counc. Sorensen, seconded by Counc. Bautista and carried unanimQusly with Counc. Dean absent to (I) Adopt the Fremont Older Interim Use Task Force recommendations as set for the in Attachr :"..nt A to the staff repon; (2) Ask the committee members to !JerVe on the master planning r.ommittee; and (3) Rename the park. ORDINANCES 21. Second reading and enactment of Ordinance No. 1654; "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08.030, Definitions, and Chapter 19.80.030, Site Development Regulations, of the Cupertino Municipal Code, Including Regulations Pertaining to Play Structures." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Coone. Burnett, and passed unanimously with Counc. Dean absent to read Ordinance No. l6S4 by title only and the City Clerk's reading to c~í1StÎtute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Counc. Dean absent and Counc. Bautista voting no that Ordinance No. 1654 be enacted. COUNCIL REPORTS Mayor Koppel reported that (I) The Congestion Management Agency will s..-rve as the Transit Authority Board and there will be no directly elected members; (2) At the Cities Association meeting they will be appointing ABAG replacements; (3) She and City Manager Don Brown are continuing to work on the library benefit assessment district; and (4) The Highway 85 opening celebration pJannil'lg continues. Counc. Sorensen æked if an alternate could be appointed to the CDBG committee to attend meetings when she was not able to do so. Coone. Burnett agreed to !JerVe as alternate. CLOSED SESSION At 8;55 p.m., Council recessed to a closed session to discuss labor negotiation pursuant to Government Code Section 54957.6. · , June 6, 1994 Cupertino City CouŒi.l Page 9 At 9:43 p.m., Council reconvened. The City Attorney announced that the City Council had me! with their labor negotiators and gave them direction to proceed along the lines discussed in closed session. No action was taken. ADJOURNMENT At 9:45 p.m., the City Council meeting adjourned. ~4/v-,- ~/7tL-tL Kim Marie Smith City Clerk