CC 08-01-94
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CC-885
MINUTES
Cupertino City Council
Regular Meeting
August I, 1994
PLEDGE OF ALLEGIANCE
At 6:47 p.m., Mayor Koppel called the meeting to order in the Council Cbambers, 10300
Torre A venue, Cupertino, and lead the Pledge of Allegiance.
ROLL CALL
Council members pl'e$eDt: Jolm Bautista, Don Burnett, Wally Dean, and Mayor Barbara
Koppel. Council members absent; Laura1ee Sorensen.
Staff pl'e$eDt; City Manager Don Brown; City Clerk Kim Smith; Community
Development Director Bob Cowan; City Attorney Charles Kilian; Parks and Recreation
Director Steve Dowling;; Public Information Officer Donna KIey; Public Works
Director Bert Viskovich;
CEREMONIAL MATI'ERS - PRESENTATIONS
City Manager Don Brown introduced the new Administrative Services Director, Carol
Atwood, who will be assuming that position as of August IS, 1994.
Ms. Eileen Goodwin, Executive Director of the Santa Clara County Traffic Authority,
made a presentation regarding their draft :>1I~C plan for 1994, and distributed a chart of
funding sources titlert "Mc:asure A Highway Improvement Program" and said that with
the new funding sources they hope to be able to accomplish the MaudelMiddlefield
project, Mitigationsll.mvl"Ca~ project; a:¡d the Daoa to Rt. 101 project without the
$2.4 million shortfa1l that is projected in the current scenario. She discussed the plans to
sell excess right-of-way. If they are unable to sell all of it during the life of the T.affic
Authority, they will negotiate with CaItrans to take beck ownership of the property in
exchange for other amounts that are owed them. Ms. Goodwin said the Highway 85
construction is on scbedu1e, and the portion at 85 and 101 will be open August 17, and
they plan to have removed the stop light on Highway 237 at Zanker Road by September
I S. Landscaping on 85 should be completed by faIl of this year. Counc. Dean asked that
she find out when they will clear the dumping site at the intersection of 85 and 280.
Counc. Bautista aslro expressed concern about the choice of cities to be displayed on the
highway signs; for example, the 280 destination is shown as Gilroy instead of one of:ht.
nearer cities such as Los Gatos, and may trigger unnecessary travel on that road. Ms.
Goodwin explained that the sigos are controlled by the State Department of
Transportation, but that she would research the matter.
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Cupertino City Council
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Ms. Candace Walsh, President of the Cupertino Tennis Club, and Mr. Ed Hirshfield, its
Community Relations Liaison, presented a check in the amount ofS7,061.28 to the City.
This was a donation ftom the Cupertino Tennis Club toward the cost of paving tennis
courts 14-18 and lighting courts 8 and 12. Ms. Walsh commended the City !Jtatf on the
improvements at the Sports Center since the City took over its m..n'lgement.
Mayor Koppel accepted the CLCA 1994 Bay Area Landscape Award for the Regnart
School project. Mr. Duane Wasson, president of the Jensen Corporation, was the
contractor, and Mr. Jay Bea1s was the landscape architect. Mr. Chuck COlT, Director of
Business Services at t)¡e Cupertino School ~ ;~ct, was also acknowledged.
POSTPONEMENTS
Mayor Koppel said that she would honor a request from one of the key neighbors to
continue item No. 13, Lotus Development, to the next meeting. The Public Works
Director asked that item Nos. 10 and 11, related to easements from Lotus Development,
be pulled from the agenda.
CONSENT CALENDAR
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It was moved by Counc. Dean, seconded by Counc. Burnett, and carried unanimously
with Counc. Sorensen absent, to adopt items No.1 through 9 and item No. 12 on the
consent calendar as presented.
1. Resolution No. 9149; "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 July IS, 1994."
2. Resolution No. 9150; "A Resolution of the City Council of the City of Cupertino
Allowing Certain C1aims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for General and Miscellaneous Expenditures for
the Period Ending July 22, 1994."
3. Resolution No. 9151: "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 July IS, 1994."
4.
Resoiution No. 9152; "A Resolution of the City Council of the City of Cupertino
Rescinding Resolution No. 8638 and Appointing Treasurer and Deputy
Treasurer."
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Resolution No. 9154: "A Resolution of the City Council of the City of Cupertino
Setting the Date for Consideration of Annexing Area Desigl"'t~ 'Dolores 94-06',
Property Located on the South Side of Dolores Avenue Betwœn Orange Avenue
and Byrne Avenue; Approximately 0.92 Acre, Estate of Alva M. Ehrhart (APN
357-14-040)."
6. Resolution No. 9155: "A Resolution of the City Council of the City of Cupertino
Making Determinations and Approving the Annexation of Territory Desig1'JltM
'Hermosa Avenue 94-05', Approximately 0.17 Acre Located on the South Side of
Hermosa Avenue Between Orange Ave'1ue and Byrne Avenue - Lee (APN 357-
16-049)."
7. Approval ofminutcsofthe City Council meetings of July 18 and July 21,1994.
8. Resolution No. 9156: "A Resolution of the City Council of the City of Cupertino
Accepting Quitclaim Deed and Authorization for Underground Water Rights ftom
Wendy Simonovich, 10185 Amelia Court."
9.
Resolution No. 9157; "A Resolution of the City Council of the City of Cupertino
Approving Contract Change Order No. II for Cupertino Nine School Site
Improvements, Project 93-9106." (plan revisions for Hyde Junior High School
reducing cost by $23,474.00.)
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12. Review of Alcoholic Beverage Control license for (a) St. Jolm's Restaurant,
19541 Richwood Drive; (b) Brinker InternationaIlnc. (Chili's), 20060 Stevens
Creek Boulevard.
Yme
Members of the Ci\y C.ouncil
AYES;
NOES:
ABSENT:
ABSTAIN;
Bautista, Burnett, Dean, and Koppel.
None
Sorensen
None
ITEMS REMOVED FROM THE CONSENT AGENDA
10. Resolution No. 9158: "A Resolution of the City Council of the City of Cupertino
Accepting a Grant of Easement for Water Line Purposes From Lotus
Development and Construction, Inc., Located Along Southerly Boundary of Lot
3, Tract No. 8585, San Fernando Avenue." (Removed from the agenda, no action
taken)
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II. Resolution No. 91 59: "A Resolution of the City Council of the City of Cupertino
Accepting a Grant of Easement for Water Line Purposes From Lotus
Development and Construction, Inc.. Located Along Southerly Boundary of Lot
4, Tract No. 8585, San Fernando Avenue." (Removed from the agenda, no action
taken)
ORAL COMMUNICATIONS
None.
PUBLIC HEARINGS
13. Appeal of Planning Commission denial of Application 7-EXC-93 filed by Barre
Barnes. President, Lotus Development and Construction, Inc. The application
requests an exception to construct a new residence on a substandard lot in
accordance with Section 19.40.050 of the Cupertino Municipal Code. The
property is located at 22801 San Juan Road. (Continued from July 18, 1994.)
(Continuance requested by Ron Pasari, 22776 Mercedes Road.)
This item was continued to September 6, 1994.
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14. Appeal of Planning Commission decision regarding Applications II-EXC-93 and
3-TM-92 (Modified) - Mark Sandoval, architect; Joseph and Xenia Czisch,
property owners. This is a request for an exception to construct a new residence
on slopes greater than 30% in accordance with Section 19.40.050 of the Cupertino
Municipal Code. and a tentative map to moditÿ an approved map to subdivide a
2.28 acre parcel into two lots with lot sizes of 1.15 and 1.13 acres. The property
is located at 11845 Upland Way (Pressley/CunnínghamlRennak, appellants).
(Continued from July 18, 1994.)
Community Development Director Bob Cowan reviewed the staff report and
showed transparencies comparing the original application with the revised plans.
He noted that ~ Pressleys had withdrawn their objections to the residence after
revi~"'''".!:6 Ûle revised plans. The City's geologist felt that the site was buildable
after substantial excavation and compaction of some soil areas, but that would not
affect the design of the site. Mayor Koppel opened the public hearing.
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Mr. Mark Sandoval, architect, reviewed transparencies of documents distributed
to Council which included proposed design schemes data and a comparison of the
first, second, and third design elevations and site locations. Mr. Sandoval showed
how the latest design changed the location of the house which would set it farther
back into the hillside to reduce the bulk and mass, and to make it more easily
screened by landscaping.
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Cupertino City COWICil
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Mr. Dean Affeldt, the applicant's soils consultant, showed the location of the old
landslide on a site map, discusse.J the steps taken to analyze the soil, and reviewed
their plans to excavate a 100foot trench to be filled with compacted soil as
additional stabilization. He said these plans had been discussed with Mr. Cotton's
office and they agreed with '.he approach.
Mr. Joe Czisch, the applicant, said his family currently resided in Cupertino and
they hoped to educate their children here. He noted that they are very crowded in
their home now, and the new house would include a room for each child.
Counc. Burnett said that his concerns regarding this project had been met, since
the geology i$$De$ had been addressed and the visible mass of the house has been
substantially reduced.
Coone. Bautista said he appreciated the applicant's efforts in complying with the
City's requirements. This house was a good model for building in the hillsides,
particularly since it minimized the wall face portion from the perspective of the
valley floor.
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Counc. Dean asked about follow-up on size and location of trees and landscaping.
The Community Development Director said that would be verified before the
final permit was signed, and that trees were typically the IS-gallon size.
Counc. Burnett said that a letter from the Pre$$leys commented on
undergrounding the utilities, and this would be an opportunity to do that. Counc.
Burnett encouraged the applicant to do so because it would improve the beauty of
the hillsides. The Community Development Director added that there is already a
requirement to underground the 5er\ice from the closest point to the house, but
not to underground all of the utility lines.
It was moved by Coone. Burnett, seconded by Counc. Dean, and carried
unanimously with Counc. Sorensen ab!Jent to deny the appeal and approve
Application Nos. II-EXC-93 and 3-TM-92 (Mod.) with the conditions listed in
Exhibit I of this staff report and to require that the applicant comply with the
conditions set forth in geologist William Cotton's letter of July 25, 1994.
I S. Hearing regarding 8S$CSStDent for weed abatement.
(a) Resolution No. 9160: "A Resolution of the City Council of the City of
Cupertino Providing for Lien Assessments and for the Collection of Same
Resulting from the Abatement of Public Nuisances."
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The City Clerk reviewed the staff report and Mayor Koppel opened the public
hearing. No individuals wished to speak, and the public hearing was closed.
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Cupertino City Council
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It was moved by Counc. Dean, seconded by Counc. Burnett and carried
unanimously with Counc. Sorensen absent to adopt Resolution No. 9160. Counc.
Dean said the City had received a complaint about the medians on Foothill
Avenue. The Public Works Director said thaI the City will have additional staff
from the work furlough program to help with maintenance so the medians will
look better in the future.
NEW BUSINESS
16. Request to exercise first right of refusal to acquire a Below Market Rate housing
unit at 19803 Portal Plaza and to authorize a loan from the General Fund to
acquire said unit.
The Community Development Director reviewed the staff report, and explained
that the below market rate price of the unit is $111,611.95. and the current market
is approximately $190,000. Usually there is a waiting list of buyers but in this
instance there is not a current list. The City would purchase the property while a
qualified buyer is located and it would then be sold as soon as possible. Counc.
Bautista said the 30-day window for the City to exercise the first right of refusal
seemed too short. The City Attomey said that it had been established in the
program many ye;as ago.
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Counc. Dean said thaI according to the General Plan there will be a lot more
below-market-rate units than the City's current list of IS, and he questioned
whether the City should be getting into this business. The Community
Development Director said there might eventually be as many as 150 units. The
City Attorney said the only decision thaI had to be made at this time was whether
to exercise the 30-day period, and once the property has been acquired then
Council can decide what they want to do with it. Counc. Bautista said the issue in
the future is to give direction to staff to strengthen the City's rights in extending
the time period, passing along the costs of escrow, etc. The Community
Development Director said there is usua1ly a ready list of buyers thaI are all pre-
qualified and a 30-day window has not been a problem before, but that they will
report back to Council. Counc. Burnett said maybe the Affordable Housing
Committee can advise Council on a list of buyers.
It was moved by Counc. Koppel, seconded by Counc. Burnett, and carried
unanimously with Counc. Sorensen absent to exercise the right of first refusal to
purchase the unit at 19803 Portal Plaza, and to authorize a loan from the Genera1
Fund at the prevailing interest rate to purchase the unit.
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17.
Designation ofvoting delegate for League ofCalifomia Cities annual conference.
Mayor Koppel and Counc. Dean were selected as the voting delegate and
alternate, respectively for the League of California Cities Conference on October
23-25, 1994.
18. Reading and enactment of Urgency Ordinance No. 1666: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 10.56 of the Cupertino
Municipal Code Relating to Trespassing on Private Property Open to the Public
and Declaring the Urgency Thereof."
City Manager Don Brown reviewed the proposed urgency ordinance and said it
was changed to be more specific than the previous trespassing ordinance, which
will make it easier to enforce. There will be no significant change in enforcement
because most of the things specified in the ordinance are not occurring on a
regular basis in any shopping center. He had met with a group of merchants ftom
The Oaks, along ""ith representatives of the Sheriff's Office and the property
manager, and positive steps had been taken. He explained this was being handled
as an urgency ordinance since if it followed the: usua1 calendar it would not go
into effect until October.
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The City Manager said the old ordinance was adopted in 1978 primarily to help
the regional shopping center to protect its ability to do business, but it has been
difficult to prosecute under the old ordinance because it was too broad. The new
ordinance specifically ties the City's involvement into violations of the State law,
penal code, and the smoking ordinance, and is much more precise.
Coone. Dean said when he spoke at the high schools the students felt they were
being o~TI'acized by, the aggressive enforcement policy. He said he supported the
new ordinance but suggested that the Mayor write a letter to the ma....gement
company asking them to send a representative, or in some fonnat explain to the
high school students what the problem is, what they are trying to achieve, and to
encourage the students' business.
The City Manager said th..'\t part of the strategy discussed at their meeting had
been to talk to the students !hat are at the shopping center about appropriate
behavior and reasons for certain tlrings, and to make those willing to comply with
the rules feel welcome.
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Counc. Bauti$fa said since the new ordinance references the California Penal
Code, it gives it a lot of legitimacy. He asked about the section regarding
violation of smoking rules. The City Attomey explained that the City had
adopted an ordinance that allows owners of busiut:SSCs to expand their rules and
regulations beyond what the City's ordinance providt'S. so if the Oaks Shopping
Center management chooses to make the entire center a no-smoking area, a
smoker could be removed pursuant to this new ordinance.
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August I, 1994
Cupertino City Council
It was moved by Counc. Dean, seconded by Counc. Bautista, and canied
unanimously with Counc. Sorensen absent to authorize the Mayor to send a letter
to the Oaks Shopping Center management company encouraging their efforts to
explain the situation to younger patrons. encourage their participation in the
problem solving, and encourage their business.
It was moved by Mayor Koppel, seconded by Counc. Dean, and canied
unanimously with Counc. Sorensen ab!Jent to enact urgency Ordinance No. 1666,
that it be read by title only, and that the Clerk's ,.-lil'l8 constituted the only
rel'dil'lg thereof.
19. Streamlining of Planning Commission meetings.
llH: Community Development Director reviewed the staff report and explaint"i
that the Planning Commission had adopted Resolution No. 4546 which made
three recommendations for streamlining the meetings; (I) Limit the comment time
for applicants and members of the public; (2) Sugg~ that commissioners contact
staff for questions prior to the meeting; and (3) Establish an 11:00 p.m. cutoff
time as a goal. If approved by Council, these changes would be implemented at
the meeting of August 8, 1994.
It was moved by Counc. Dean, seconded by Counc. Burnett, and canied
unanimously with Counc. Sorensen absent to endOt'Se Planning Commission
Resolution No. 4546 with the recommendations listed above.
ORDINA.."iCES
20. Second ,.-I;I'Ig and enactment of Ordinance No. 1662: "An Ordinance of the
City Council of the City of Cupertino Amending Title 19 of the Cupertino
Municipal Code By Rezoning Approximately 1.08 Acres Gross ftom a Single
Family Residential (R1-6) Zone to a Planned Development Residential P (RES)
Zone; Located at 19340 Phil Lane (Application 2-Z-94 - Chen)."
Counc. Burnett said that he would abstain on this item since he was an immediate
neighbor, and he left the dais. The City Clerk read the title of the ordinance. It
was moved by Counc. Dean, seconded by Counc. Bautista, and passed with
Counc. Sorensen absent and Counc. Burnett abstaining to read Onlinanc:e No.
1662 by title only and the City Clerk's reading to constitute the second r-fil'!g
thereof. It was moved by Counc. Burnett, seconded by Counc. Bautista, and
passed with Counc. Sorensen absent and Counc. Burnett abstaining that
Ordinance No. 1662 be enacted.
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cupertino City Council
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21. Second reading 8J1d enactment of Ordinance No. 1655: "An Ordinance of the
City Council of the City of Cupertino Sections 17.24.130 Ground Signs:
Infonnation Contained, 17.32.010 Temporary Signs; Location, 17.32.040
Temporary Political Signs, 17.44.030 Planning Commission Review Required ,
17.44.080 Appea1s ofTitle 17, Signs, of the Cupertino Municipal Code."
The City Clerk read the title of the ordinance. It was moved by Counc. Dean,
seconded by Counc. Burnett, and passed unanimously with Counc. Sorensen
absent to read Ordinance No. 1655 by title only and the City Clerk's reading to
constitute the second reading thereof. It was moved by Counc. Burnett, seconded
by Counc. Bautista, and passed unanimously with Counc. Sorensen ab'ient that
Ordinance No. 1655 be enacted.
22.
Second reading and enactment of Ordinance No. 1657: "An Ordinance of the
City Council of the City of Cupertino Amending Various Sections of Title 19,
Zoning Code Regulations." (This includes prescriptive requirements for large
family day care homes.)
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The City Clerk read the title of the ordinance. It was moved by Counc. BautiSl.1,
seconded by Counc. Dean, and passed unanimously with Coone. Sorensen ab!Jent
to read Ordinance No. 1657 by title only and the City Clerk's reading to constitute
the second reading thm:of. It was moved by Counc. Burnett, secondeà by Counc.
Bautista, and passed unanimously with Counc. Sorensen absent that Ordinance
No. 1657 be enacted.
23.
Second reading and enactment of Ordinance No. 1664: "An Ordinance of the
City Council of the City of Cupertino Amending Its Ordinance Code to Add Title
20 Regarding the Enactment and Amendment of Genera1 and Specific Plans."
The City Clerk read the title of the ordinance. It was moved by Counc. Bautista,
seconded by Counc. Burnett, and passed unanimously with Counc. Sorensen
absent to read Ordi""""" No. 1664 by title only and the City Clerk's [P'Iding to
constitute the !JeCODd [P'Idi"g thereof. It was moved by Counc. Burnett, seconded
by Counc. Bautista, and passed unanimously with Counc. Sorensen absent that
Ordinance No. 1664 be enacted.
24.
Second R'"ñil'lg and enactment of Ordinance No. 1665: "An Ordinance of the
City Council of the City of Cupertino Repealing and Reenacting Chapter 10.68 of
the Cupertino Municipal Code Relating to Juvenile Curfew Regulations."
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The City Clerk read the title of the ordinance. It was moved by Counc. Burnett,
seconded by COIDJC. ~ and passed unanimously with Counc. Sorensen absent
to read Ordinance No. 1665 by title only and the City Clerk's reading to constituœ
the second reading thereof. It was movtd by Counc. Burnett, seconded by Counc.
Bautista, and passed unanimously with Coune. Soænsen absent that Ordinance
No. 1665 be enacted.
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August I, 1994
Cupertino City COlUlCil
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COUNCIL REPORTS
Mayor Koppel discussed the banner that had been ordered for the celebration of
the opening of Highway 85.
Counc. Burnett reported that be attended a California Bike Safety Group being
formed in San Diego, and he hoped there would be some good work done toward
improving safety for children through better conditions and education.
Counc. Dean reported that the Emergency PreparedIY:s Committee had met and
their plan was to merge all of the cities and county into one cohesive policy.
Mayor Koppel added that the Board of Supervisor's consent calendar included
approval of the benefit assessment disttict i(-r the November ballot for funds for
the Santa Clara County Library Disttict.
CLOSED SESSION
AI 8:00 p.m., the City Council recessed to Conference Room A to bold a closed session
rega.r.Jing negotiations for purchase, sale. exchange, or lease of real property
(Government Code Section 54956.8) relating to the Cupertino Sports Center. Counc.
Dean said that be would abstain on this item because be was a member of the Sport
Center. At 8;00 p.m. Counc. Dean was absent. At 8:20 p.m. Council reconvened in open
session. The City Attomey announced that Council met regarding the possible least' of
the Cupertino Sports Center to the Ather Sports Clinic. Genera1 direction was given to the
City's representatives to proceed with negotiations along the lines discussed in clO!Jed
session. There was no action taken.
ADJOURNMENT
Mayor Koppel announced that the August IS meeting bad been canceled, and September
5 is an observed holiday. Therefore, the next City Council meeting will held on
September 6, 1994.
A.t 8:22 p.m. the meeting was adjourned.
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Kim Marie Smith
City Clerk