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CC 06-20-94 , þ t þ ;.. .. CC-882 MINUTES Cupertino City Council Regular Meeting June 20,1994 PLEDGE OF ALLEGIANCE At 6:45 p.m., Vice Mayor Dean called the meeting to order in the City Council Chambers, 10300 Torre Avenue, Cupertino. ROLLCALL Council members present: Jolm Bautista, Don Burnett, Lauralee Sorensen, and Vice Mayor Wally Dean. Council members absent: Mayor Barbara Koppel. Staff Present: City Manager Don Brown City Clerk Kim Smith City Attomey Charles Kilian Administrative Services Director Blaine Snyder Community Development Director Bob Cowan Parks and Recreation Director Steve Dowling Planner II Vera Gil Public Information Officer Donna KIey Public Works Director Bert Viskovich CEREMONIAL MATTERS - PRESENTATIONS Vice Mayor Dean presented a proclamation to Mr. Phil Johnson in recognition of Tandem Computers' 10th year supporting Northwest Valley YMCA. POSTPONEMENTS ORAL COMMUMCATIONS Mr. Mort Schorr, 10880 Northpoint Way, said he was a member of the Board of Directors of the Northpoint Homeowners Association. He complained of illegal commercial dumping on the site of the unfinished Portofino project. that the quantity of weeds on the lot posed a fire hazard, and that the fence was in disrepair. The Community Development Director said the project had been in receivership but staff learned last week that the lender and builder were ready to start again. Staff had visited the site several times over the last few years to address safety issues, and they would do their best to address the dumping problems. . '. . . . June 20, 1994 Cupertino City Council Page 2 Counc. Sorensen announced that repair and rehabilitation of the gazebo in Memorial Park and been completed by volunteers fÌ'Om the Rotary Club, and she commended them for their effort. The Parks and Recreation Director said that a proclamation would be prepared in acknowledgment of their work. CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Mayor Koppel absent, to adopt the items on the Consent Calendar as ,¢commended with corrections to the minutes as noted by the City Clerk. 1. Resolution No. 9108; "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 27,1994." 2. Resolution No. 9109: "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 MiscellaneoW' Expenditures for the Period Ending June 3,1994." 3. Resolution No. 9110: "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 June 10, 1994." 4. Resolution No. 9111; "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 Sa1aries and Wages for the Payroll Period Ending June 2, 1994." S. Resolution No. 9112; "A Resolution of the City Council of the City of Cupertino Setting Hearing to Provide for Lien ~ent and Collection Resulting ftom Abatement of Public Nuisance (Weeds)." 6. Review of application for Alcoholic Beverage Control license for Palms Cafe, 20735 Stevens Creek Boulevard, Suites A and B. 7. Approval of minutes of the City Council meetings of May 23, May 31, June 1, and June 6, 1994. The City Clerk noted that on page 3 of the minutes of May 31, 1994, third paragraph, the words "amount was insignificant and" should be deleted fÌ'Om the paragraph. 8. Monthly Treasurer's Report and Budget Update, May, 1994. June 20,1994 Cupertino City COWICiI Page 3 9. Resolution No. 9113: "A Resolution of the City Council of the City of Cupertino Change Order No. 9 for Cupertino Nine School Site Improvements, Project 93- 9106." . 10. Resolution No. 9114: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Lease of Excess Property at Varian Park to Chuck Varian, Lessee." 11. Resolution No. 9115; "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Contract Between City of Cupertino and Tennis Pro Lijêlime Tennis, Cupertino Sports Center." 12. Request by Cupertino Rotary for waiver of tèe for fund raiser at Blackberry Farm on July 8, 1994. 13. Resolution No. 9116: "A Resolution of the City Council of the City of Cupertino Authorizing RenewaI ofContr&ct with Blackberry Fann Golf Pro JeffPiserchio." 14. Resolution No. 9117: "A Resolution of the City Council of the City of Cupertino Authorizing Renewal of Tenant Agreement For Space at Quinlan Community Center Between the City of Cupertino and the Cupertino Historical Society." . IS. Resolution No. 9118: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement Between Piazza Mobil Sweeping and the City of Cupertino Providing for Street Sweeping Services." Ymc Members of the City Council AYES: NOES: ABSENT; ABSTAIN: Bautista, Bwnett, Dean, and Sorensen. None Koppel None PUBLIC HEARINGS 16. Application Nos. 81,159 and 13-EA-94 - City of Cupertino - Amendment to Title 19, Zoning, of the Cupertino Municipal Code, to regulate the processing of combined development applications which involve differing review bodies. (?) First reading of Ordinance No. 1656: "An Ordinance of the City Council of the City of Cupertino Amending Title 19, Zoning, of the Cupertino Municipal Code, to Regulate the Processing of Combined Development Applications Which Involve Differing Review Bodies." . The Community Development Director reviewed the staff report. Vice Mayor Dean opened the public hearing. No individuals wished to be hc:ard. and the public hearing was closed. The City Clerk read the ordinance title. It was moved '. June 20, 1994 Cupertino City Council Page 4 by Counc. Bautista, seconded by Counc. Burnett, and passed unanimously with Mayor Koppel absent that Ordinance No. 1656 be read by title only, and the Clerk's reading to constitute the first reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Mayor Koppel absent to approve Ordinance No. 1656 for fIrst reading. 17. Public hearing to adopt the 1994-95 fiscal year operating budget, e!Jtablish appropriation limit and approve the granting of a Negative Declaration. (a) Grant Negative Declaration. (b) Resolution No. 9119; "A Resolution of the City Council of the City of Cupertino Adopting an Operating and Construction Budget for Fiscal Year 1994-95 by Ratifying Estimates of Revenues to be Received in Each Fund and Appropriating Monies Therefrom for Specified Activitie!J and Accounts and Setting Forth Conditions of Administering Said Budget." (c) Resolution No. 9120: "A Resolution of the City Council of the City of Cupertino Establishing an Appropriation Limit for Fiscal Year 1994-95." The Administrative Services Director reviewed the staff report. Vice Mayor Dean opened the public hearing. No individuals wished to be heard, and the public hearing was closed. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and carried unanimously, with Mayor Koppel absent, to grant a negative declaration. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Mayor Koppel absent to adopt Resolution No. 9119. It was moved by Coone. Burnett, seconded by Counc. Sorensen, and carried unanimously with Mayor Koppel absent, to adopt Resolution No. 9120. 18. Appeal ofplannil'lg Commission decision regarding Application No. 5-U-94 filed by Landmark Development Corporation (Lawrence Guy). The application requests a use permit to construct six townhomes on an 11,761 sq. ft. parcel in a Planned Development residential zoning district located at Gardenside Circle and Rainbow Drive. The applicant, Mr. Larry Guy, asked for a continuance of this item beca'Ise the documentati~;. of some items to be discussed had been lost. Council concurred to continue this item to July 5, 1994. June 20, 1994 Cupertino City Council Pay,e , . 19. Appeal of Planning Commission decision regarding Applications II-EXC-93 and 3-TM-92 (Modified) - Mark Sandoval, architect; Joseph and Xenia Cziscb, j)roperty owners. This is a request for an exception to construct a new residence on slopes greater than 30"10 in accordance with Section 19.40.050 of the Cupertino Municipal Code, and a tentative map to modify an approved map to subdivide a 2.28 acre parcel into two lots with lot sizes of 1.1 5 and 1.13 acres. The property is located at 11845 Upland Way. (Pressley/CunningbamlRennak, appellants.) The Planning Commission bas prepared a report on the revised development proposal and geologic conditions of the site. (Staff requests this item be continued to the meeting ofJuly 18, 1994.) Council concurred to continue this item to July 18, 1994. 20. Public hearing to review amount of revenue produced by the storm drainage service charge and the estimated cost of the city's Non-Point SOIlItt Control and Storm Water Management Program. Statfrecomrnends no change in the amount of such charges. (a) Resolution No. 9121: "A Resolution of the City Council of the City of Cupertino Conducting anAnnual Review of the Storm Drainage Service Charge." . The Public Works Director reviewed the staff report. Vice Mayor Dean opened the public he:mng. No individuals wished to speak, and the public hearing was closed. It was moved by Counc. Sorensen, !JeCOnded by Counc. Burnett, and carried unanimously with Mayor Koppel absent to adopt Resolution No. 9121 and to direct that the City continue collecting the assessment of fees for storm drain purposes at the existing rate on the property tax bill for FY 1994-95. NEW BUSINESS 21. Recommended response to the draft EIR (Environmental Impact Report) for the Kaiser Pennanente Medical Center located at Homestead Road and Lawrence Expressway. . The Community Development Director reviewed the staff report and reviewed transparencies which showed the height of the proposed structure, which at its highest point was 86 feet at the pavilion. He said that no residents of Cupertino would be able to see the building, but it would be seen by residents of Santa Clara and Sunnyvale. Counc. Bautista said he was not comfortable with the building height and said perhaps Council should recommend they look at ways to lower the building. The City Manager said that it might draw a response IÌOm other cities regarding Cupertino's General Plan, which would allow buildings this high in the Vallco Park area and along the free-way. It was moved by Counc. Sorensen, !JeCOnded by Counc. Burr.ett, and carried unanimously with Mayor Koppel absent that the City submit comments on the June 20, 1994 Cupertino City Council Page 6 . EIR in the following areas, as recommended by staff: (1) Recognition of Congestion Management Agency (CMA) methods for cclculating Level of Service (LOS); (2) Provision of future mitigation for A.M. peak hour LOS at Homestead and Wolfe; (3) Provision of space for interchange on Kaiser property; and (4) Inclusion of Transportation Demand Management (TDM) as propo!Jed mitigation in the summary section. 22. Consideration of funding request in the amount of $330,800 from Community Housing Developers, Inc. Planner Vera Gil reviewed the staff report. She explained that at a prior meeting the City had approved another purchase of property by Community Housing Developers. That sale bad not been consummated because the owners bad filed for bankruptcy and that process bad to be completed ftrst. . It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Mayor Koppel absent to authorize Community Housing Developers to proceed with the purchase .Jf eight units on Beardon Drive, including the following conditions to be placed on the loan as recommended by the Affordable Housing Committee: (1) The terms of the $330,800 loan shall be negotiated with the City of Cupertino's Loan Committee so that the City shall!Jee repayment begin within twenty years. On an annual basis the Committee shall review the cash flow of the complex to see if payments may be accelerated; and (2) First priority for occupation of the units shall be given to current Cupertino residents, second priority to individt.als working or attending school in Cupertino, third priority to individuals having imme:iiate familial ties to residents of Cupertino (sons, daughters, etc., ofCupertÍDo residents). 23. Con1innation of cancellation of August 15 City Council meeting. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Mayor Koppel absent, to cancel the August IS meeting. Vice Mayor Dean reordered the agenda so that item No. 24, a report !"rom the Cupertino Campaign Ethics Committee, would be discussed when the committee member.; were present. 25. Appointment of Council member to Santa Clara County Transportation Commission for term expiring June 30, 1996. It was moved by Counc. Burnett, seconded by Counc. Bautista, and carried unanimously with Mayor Koppel absent, to reappoint Mayor Koppel to the Transportation Commission for the remainder of her term on the City CounciL . 26. Resolution No. 9122: "A Resolution of the City Council of the City of Cupertino Declaring Its Intention to Order Vacation of a Portion of a Public Utility Easement Within the City of Cupertino Pursuant to Section 50430 Et Seq. of the Government Code of the State of California, Fixing Time and Place for Hearing . " June 20, J 994 Cupertino City Council Page 7 . InI Providing tòr Notice Thereof. Located Within Tract 7277, Lots 5 and 6, Tula Lane." It was moved by Coone. Sorensen, sec.:>nded by Counc. Bautista, and c..'UTÍed "nJlnimously with Mayor Koppel ab!Jent, to bCiopt Resolution No. 9122. 27. Authorization to conduct pilot program on mixed paper and begin recycling of No.2 plastics. The Public Works Director reviewed the staff report. He eJ<plained that they were able to keep the costs down because they could use Stevens Creek Quarry as a staging area to store recycled materials until a sufficient quantity was collected. It was moved by Counc. Burnett, seconded by Counc. Bautista, and carried unanimously with Mayor Koppel ab!Jent, to (I) Approve the collection of #2 plastic to commence in August, currently at no additional cost with a caveat that attrition could potentially require minor increases; and (2) Authorize a mixed paper pilot program to commence in August, and appropriate SlO,ooo from the resource recovery fund to cover the cost. 28. Report on Grand Jury review of false alarms of cities in Santa Clara County and comments from City Council. . The Administrative Services Director reviewed the staff report, and noted that the word "p.~ts" in item No.6 should be amended to read "presence." It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously with Mayor Koppel absent, to forward correspondence ftom the Mayor to the Grand Jury with the eight comments as recommended in the staff report. 29. Report on bid opening and award of contract for Street Maintenance, Slurry Sea1, Project 94-105. The Public Works Director reviewed the staff report. It was moved by Counc. Sorensen, seconded by Coone. Burnett, and carried unanimously with Mayor Koppel absent, to utilize the alternate bid and award the project to the lowest bidder, Valley Slurry Seal, in the amount of SI46,039.78 and authorize a IO"/Ó contingency ofSI4,600.00 for a total project ofSl60,639.78. 30. Report on bid opening and award of contract for Annual Overlay and Pavement Restoration, Project 94-106. . The Public Works Director reviewed the staff report. He explained that C. F. Archibald Paving had made an error in their bid, and asked to withdraw ftom the process. Article 5103 of the Public Contract Code has criteria to determine whether the bid bond, in the amount of S38,624, would be returned. Staff indicated that the company had agreed to pay S10,OOO in exchange for the bid June 20,1994 Cupertino City Council Page 8 I bond. It was moved by Counc. SOI'l"IlSeD, seconded by Counc. Burnett, and C&'tied unanimously with Mayor Koppel absent, to (1) Award the contract to O'Grady paving in the amount of$S70,624.3S; (2) Approve a 10010 contingency ofSS7,OOO for a total project of $627,624.3; and (3) Require a payment of $10,000 for the error made by C. F. Archibald Paving. 24. Report from the Cupertino Campaign Ethics Committee. I Ms. Nadine Grant, representing the Ethics Committee, reviewed their report. She asked that their Code of Campaign Ethics be included in the candidates' packets, as well as the Code of Ethics from the American Association of Political Consultants (AAPC). The decision to sign these forms would be optional. Ms. Grant reviewed the enforcement process and asked for the City Council's endorsement She said that the reviewing agencies would be the League of Women Voters and the Center for Applied Ethics at Santa Clara University, and unsubstantiated claims would never be published. Mr. Tim Masur, representing the Center for Applied Ethics (CAE) at the University of Santa Clara, said the committee bad spent six months on this project, volunteering their time, and bad caught the attention of state-wide and natIonal organizations. Some of tho!Je included the Center for Public Integrity in Washington D.C., the Josephson Institute of Ethics in Marina Del Rey, and the American Association for Applied Ethics, who were all watching the progress of this effort as a test case. He explained that the proposed Codes did not refer to any limitations on spending becaJI5e the committee tried to avoid the inclusion of items which could create legal issues, but that the Council could consider such a limitation if they felt it appropriate for their city. Counc. Burnett said it appeared that charges could be made anonymously, and the candidate was not invited to the investigatory hearing. Mr. Masur explained tb:1t only claims that were ultimately substantiated would be made public. The 3Cholars from the CAE would certainly contact the candidate for input regarding the allegations, and there was nothing to prohibit them ftom meeting in person. Counc. Bautista asked what specific involvement was requested of the City. Mr. Masur explained that the City would provide the two Codes as a part of the candidates' packets, would receive and retain them with the other documents filed by the candidates, and would provide infonnation to the public and media when requested as to which candidates and/or campaign advisors bad signed the forms. Counc. Sorensen commended the committee on their efforts. Counc. Dean asked for an opinion of the City Attorney, who replied that be saw no problems with what was being asked. Counc. Bautista noted that by having the political consultant sign the code, a candidate may be disclosing very early in the campaign who the consultant was. Mr. Masur said that Mr. Rich Robinson, a political consultant who was on the committee, bad brought forward this idea, and the form was a1ready approved by the American Association of Political Consultants. The City Attorney suggested that both of the forms be modified to indicate that it is optional for the candidate or consultant to sign. ~ . ; . . . June 20, 1994 Page 9 Cupertino City Council It was moved by Counc. Sorensen, seconded by Counç. Burnett, and carried unanimously with Mayor Koppel absent, to (1) Endorse the enforcement process recommended by the Ethics Committee; (2) Modify the fonns to indicate that they are optional; and (3) Direct staff to include the enforcement process documentation and Code of Ethics fonns in the candidates' nomination packages. ORDINANCES 31. Second reading and enactment Ordinance No. 1650: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.96, Parking and Keeping of Vehicles in Various Zones, and Chapter 11.29 of the Cupertino Municipal Code, On-Site Parting, of the Cupertino Municipal Code." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Mayor Koppel absent to read Ordinance No. 1650 by title only a'ld the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously with Mayor Koppel absent that Ordinance No. 1650 be enacted. COUNCIL REPORTS The City Manager reviewed the action recommended by the Legislative Review Committee, as follows: (1) Oppose ACA 43 (Johnson), voting requirement for taxes and assessments, which would require a majority vote for general taxes; (2) Oppose AB 3055 (Conroy), which would reduce the time fable for returning retention funds to contractors on public works projects; (3) Oppose AB 2876 (Burton), a1arm system regulatory preemption; and (4) SB 1601 (Beverly), which would subordinate City p.u.....ty liens, for failure to pay municipal charges, i:ehind all others. It was moved by Counc. Sorensen, seconded by Counc. B1UDett, and carried unanimously with Mayor Koppel absent to approve the recommendations of the Legislative Review Committee. CounC. Burnett said he attended a meeting of the Local Traffic Authority Policy Advisory Board (Old Measure A) and Highway 85 completion is on schedule. Counc. Sorensen said she attended a meeting of the SchooUCommunity Youth Safety Task Force, the zero tolerance against weapons group, and said there would be a kickoff in the fall regarding !Jafety zones around schools, as well as a sign art contest. Some of their objectives for next year were to investigate the impact of some of the City's ordinances on the businesses that operate 24 hours a day, conflict resolution, peer mediation in fifth and six grade, and community school for students who may have been expelled or suspended. She said they needed to discuss whether the City should have a youth commission composed of students from the high school and possibly the junior high school level. Counc. Sorensen said the Diversity Summit will be held the morning of June 28 at the Quinlan Community Center. lWJC 20, 1994 Cupertino City CoundJ Page 10 Vice Mayor Dean announced that Cupertino will be the first to have a computer networlt that is completely wirelCS$. Demonstrations wiil be held on June 28 at City Hall at noon and 2:30 p.m., and the public is invited. CLOSED SESSION At 8:07 p.m., the City Council rece!Jsed to a closed session to discuss labor negotiations p\Ø'SU8Dt to Government Code Section 54957.6, and to consider negotiations for purchase, sale, exchange, or lease of real property (Government Code Section 54956.8) regarding the lease of the Cupertino Sports Center. At 8:56 p.m. Council reconvened. The City Attorney announced that Council had considered propo!Jals presented by its .ep.GSCDta1Íve for labor negotiations, and the proposals were directed to the negotiator for purposes of acceptance and placement for action on the next Council meeting. There was no formal action taken. With respect to the Sports Center, some options were discussed and no decision was made. ADJOURNMENT At 8;58 p.m. the City Council adjourned to June 27, 1994,6:00 p.m. in the Council Chamber for a joint workshop with the Planning Commission regarding the Stevens Creek "Heart of the City" Specific Plan. , 4mM~~ Kim Marie Smith City Clerk