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CC 11-20-95 CC=912 MINUTES Cupertino City Council Regular Meeting November 20, 1995 PLEDGE OF ALLEGIANCE At 6:45 p.m., Mayor Burner called the meeting to order in the City Council Chamber, 10300 Torre Avenue, Cupertino, and led the Pledge of Allegiance. ROLL CALL '" Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen, and Don Burnett Staff Present: City Manager Don Brown, Director of Public Works Bert Viskovich, Director of Community Development Bob Cowan, Director of Parks and Recreation Steve Dowling, Director of Administrative Services Carol Atwood, Personnel Officer Bill Woska, Deputy City Clerk Roberta Wolfe, Public Information Officer Donna Krey, City Attorney Charles Kilian. CEREMONIAL MATTERS - PRESENTATIONS City Manager Don Brown presented a Certificate of Achievement for Excellence in Financial Reporting to Carol Atwood, Director of Administrative Services. Mayor Bumett presented certificates to members of the United States Tennis Association Women's Senior 3.5 national champions. POSTPONEMENTS = City Manager Brown announced that Item 11 had been withdrawn from the agenda, and Item 17 was continued to the meeting of Dec. 4. ORAL COMMUNICATIONS Ed I-Iirshfield, Cupertino Tennis Club, thanked Council for their support of tennis programs and expressed pleasure in the way they are run. He said Cupertino has another tennis champion, Bea Green who placed second in the over 80 nationals. CONSENT CALENDAR Bautista moved and Chang seconded to approve the consent calendar as submitted. Motion carded 5-0 with Chang abstaining on Item 8 only. November 20, 1995 Cupertino City Council Page 2 l. Resolution No. 9501: Accounts Payable, November 3, 1995. 2. Resolution No. 9502: Accounts Payable, November 10, 1995. 3. Resolution No. 9503: Payroll, November 3, 1995. 4. Acceptance of city projects performed under contract: (a) Street Maintenance-- Slurry Seal Project 95-102; (b) Reconstruction of Curbs, Gutters, & Sidewalks, Project 95-105. 5. Resolution No. 9504: Approving contract change order No. 1 for Reconstruction of Curbs, Gutters, and Sidewalks Project 95-104. 6. Resolution No. 9505: Accepting grant deed of real property from the Santa Clara Valley District for public street purposes, Klm Street. 7. Approval of recommendation from Cable Television Advisory Committee for public access programming grants. 8. Minutes of the November 6, 1995, regular meeting. Vote Members of the City Council AYES: Bautism, Chang, Dean, Sorensen, Burnett NOES: None ABSENT: None ABSTAIN: Chang (on Item 8 only) ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 9. Public hearing to consider adopting the 1994 Edition of the California Uniform Building, Plumbing, Mechanical, Housing and Fire Codes and the 1993 Edition of the California Electrical Code, Paragraph 5. (a) First reading Of Ordinance No. 1706: "An Ordinance of the City Council of thc City of Cupertino Repealing and Re-enacting Chapter 16.04 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Building Code." _ Co) First reading of Ordinance No. 1707: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.16 of the November 20, 1995 Cupertino City Council Page 3 Cupertino Municipal Code Adopting the 1993 Edition of the California Electrical Code, Paragraph 5." (c) First reading of Ordinance No. 1708: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.20 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Plumbing Code." (d) First reading of Ordinance No. 1709: "An ordhaance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.24 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Mechanical Code." (e) First reading of Ordinance No. 1710: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.56 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Housing Code." (f) First reading of Ordinance No. 1711: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.40 of the Cupertino Municipal Code Adopting the 1994 Edition of the Uniform Fire Code." Community Development Director Bob Cowan reviewed the staff report. He said the only local amendments retained were those regarding duel receptors, spark arresters and strapping of water heaters. He also pointed out in Section 16.04.070 of Ord. 1706 that the size of the living room in a single room occupancy had been reduced to 150 sq. ft. The Uniform Housing Code sets the size at 220 sq. ft. Mayor Bumett pointed out that material on page 3 had been repeated on page 4. Following discussion, Council members agreed that they preferred the 220 sq. ft. limit and directed staff to make the necessary minor changes in the ordinance prior to second reading. Sorensen moved, Baufista seconded and the motion passed 5-0 to read the ordinances by title only and that the City Attorney's reading would constitute the first reading thereof. 10. Public hearing to consider revocation of use permit, Application No. 4-U-85 (Modified), allowing late evening activities at Ola's Restaurant and Nightclub located at 10905 North Wolfe Road. (Continued from October 16, 1995.) _. City Attorney Charles Kilian announced that this hearing was qua4-judicial in nature. The Deputy City Clerk swore in all those who wished to speak, including staff members. November 20, 1995 Cupertino City Council Page 4 Director of Community Development Cowan presented the staff report which included background information on the use permit and modification. Captain Robert Wilson, Santa Clara County Sheriff's Department, said problems were directly related to the extended hours. Calls for services between Suly 1, 1993 and November 10, 1995 had been surveyed and there had been 154 hours which he said is an extreme amount of time. Mr. Ola Hassan, owner of Ola's Restaurant, thanked Council for being supportive and congratulated Mr. Chang on his election to Council. As part of the background of the item, Mr. Hassan said there is not a trouble-free night club operation in the area. As a businessman he did not want any trouble that would disrupt his business. He said he would like feedback from the police as to what measures need to be taken. He said he had extended the hours of operation of his restaurant in October, 1994, and was unaware the use permit allowed him to be open until only 2:00 a.m. until April, 1995, when Mr. Cowan contacted him. The incidents reported in June, 1994 occurred before the hours had been extended. At that time a hearing was held and he reported what measures would be taken to avoid further problems. On September 20 he had received a call from Mr. Cowan stating he was setting up a hearing for revocation of the use permit because of - problems reported in a letter he had received from Capt. Wilson. (Council indicated that they had received copies of the letter.) Mr. Hassan said that he had talked with Sgt. Tomlinson before and after the letter was sent and he knew nothing about the letter. He said he had obtained a copy of the letter and that some of the information was exaggerated and most was not representative of actual events. He said he tries to nm a safe establishment, but some things are beyond his control. He stated that he had six armed guards on duty. He said he would like the city to survey other clubs in the area to compare the security measures taken with those at this club. He also inquired about what infoLmation the Sheriff had linking the incidents to gang activity. Mr. Hassan said they try to avoid incidents, and when they occur he tells people who are involved in fights to leave the club and not come back. Mr. Hassan concluded by saying he wanted to be the one to make decisions about his business, not the City Council. A man who introduced himself as Falousie said that people not taking responsibility for their actions is a fundamental problem facing society. He said the Constitution recognizes the rights of individuals and laws are there to protect everyone. He described why he enjoyed going to Ola's club and said one reason was that Ola ba.~ the best security in the area and he felt safe there. He described some of the ways he felt Mr. Hassan's operation deterred problems. He said other businesses had failed at the location had he felt Mr. Hassan had demonstrated a lot _ of courage and sacrifice in getting the business going when others said it couldn't be done. He said law enforcement is about protecting everyone and there must be individual responsibility. He said the hearing process is about the role of November 20, 1995 Cupertino City Council Page 5 regulation in the free market; the role of law enforcement in business, especially whcn thc business is extrcmcly competitive and security is expensive; going out of business; fairness; the furore; and getting to know each other. He said he loved the kind of interaction that occurs at Ola's club. Capt. Wilson responded by saying that when the cost of providing service strips their ability to provide service to the rest of the community, that becomes an issue with them. He said the issues described in the memo reflect actual events and thc last paragraph is the only unsubstantiated area. The other events involve criminal cases where arrests were made and people went to the hospital. He said with the resources available to them during the hours the establishment is in operation, it is stripping them of their ability to deal with issues in other parts of the community. He stated he could get a breakdown of the hours during the period since the club has been open after hours. The demand becomes large when there is an event such as was described in the letter when the Sheriff must bring in large numbers of personnel and take long hours. Capt. Wilson stated the earliest event occurred at 2:05 a.m. The recent, most severe event occurred on September 17 at 3:35 a.m., which was after extension of the use permit. There have been no events since the date of the memo. Capt. Wilson stated they have in effect closed the doors and patrons are no longer allowed outside unless they leave. However, the SheriWs Department is still heavily patrol checking because it is a large - gathering. Mr. Hassan stated the club is only open after hours on Friday and Saturday nights (Saturday and Sunday morning). During those times there are 200-300 customers. On Thursday the average number of patrons is about 200. He said sometimes he has events during the week as well. He said they are aiways a point of contact for the Sheriff's Department to look at the operation. The security is still intact including a video camera which monitors eye,body who comes in and takes pictures so he can identify those he doesn't want in his club. Mayor Burnett closed the public hearing. Following Council discussion, Sorensen moved to modify the use permit to re.~rlct the hours to closing at 2:00 a.m. on Saturday and Sunday mornings. Bautista seconded and the motion carried 5-0. 11. Public hearing to consider appeal of Planning Commission denial of Application 5-EXC-94 (Modification) (Ca~ Queen, Komberg Associates, applicant/appellant) which requested amendment to the condition of approval requiring a sanitary sewage system for a project located at 22830 San Juan Road. Removed from agenda. PLANNING APPLICATIONS November 20, 1995 Cupertino City Council Page 6 12. Application No. 3-U-90 (Modified) - Aeel Realty (Siren's), Wells Fargo Bank - Use pemiit modification to extend business hours to 24 hours, to allow outside seating area, to reduce one parking space and to include sale of flowers. The property is located at 10100 South DeAnza BOulevard. Recommended for approval. Community Development Director Bob Cowan presented the staff report. Sophia yang, President of Sirens Associates Inc., said that opening at 6 a.m. provides a convenience for workers. After several meetings regarding a 24 hour operation, they realized that opening at 6:00 a.m. should do what they intend to do. She said they have changed the full service to self serve. She said the reason they want to be open until 1:00 a.m. is that there are not many upscale places around where one can enjoy longer hours in a cafe environment. The kitchen will be open until 1:00 a.m. Sorensen moved and Chang seconded to approve Application 3-U-90 (Modified) per Planning Commission Resolution No. 4652. The motion carried 5-0. 13. Application Nos. 7-TM-95 and 2g-EA-9$ - Cupertino City Center Associates - - Tentative Map to subdivide a 2.41 acre parcel into 24 single-family residential lots and one common lot. The property is located on the east side of Tone Avenue between Stevens Creek Boulevard and Rodrigues Avenue. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. Director of Community Development Cowan presented the staff report. Scott Ward representing Classic Communities encouraged Council to approve staff and Planning Commission recommendations. He said there had been no expressed opposition to the project at any of the recent hearings. He asked that if public access to the park is allowed there be a review in one year. In response to Council concerns regarding lots size, Mr. Ward said it was not acceptable to reduce the number of units any more as it would not be economically feasible. Council applauded the efforts made to create open space and agreed that public access is important. Farokh Deboo, 10257 Nile Drive, said over the last ten years there has been very ._ strong opposition. Just because people did not show up at recent meetings it did not mean there was no opposition. He said the 1990 general plan was not what they heard about when they moved in. November 20, 1995 Cupertino City Council Page 7 Mark Lazzarini, Director of the Building Industry Association, said they support the project. There is not much of this type of housing on the market or much land remaining to accommodate it. Leslie Coleman, Santa Clara Valley Manufacturing Group, said the organization is in support of the project. They are concerned about the availability of housing for workers. She urged Council to keep the number of units that is proposed. Decreased density will increase cost. Mr. Ward stated for the record that his company has had an extensive positive dialog with Mr. Deboo and expects to continue to do so. Bautista moved, Sorensen seconded and the motion passed 5-0 to grant a negative declaration. Chang moved to approve Application 7-TM-95 per Planning Commission Resolution 4653 amended as follows: Condition 5 shall read as follows: "5. PARKINO I,ANE The parking lane turnout on Torte Avenue shall be eliminated to be replaced by a duck out on Torre Avenue. The intent of this condition is to provide parking with less pavement and more park space." Condition 22 shall be added as follows: "22. pUBI,IC ACCESS TO TORRE AVI:,NLIE "PARK" The "park" lot shall be open to the general public from dawn until dusk for passive activities and shall be designed in a manner that makes it accessible. The use of the park by the public shall be reviewed in one year. The basis of the review is whether or not the rules of the park have been followed. The property owner or homeowners association shall continue to maintain and insure the property and otherwise regulate its use consistent with passive use of the property for recreational purposes." Soreusen seconded and the motion carried 4-1 with Dean voting no. UNFINISHED BUSINESS - None. NEW BUSINESS November 20, 1995 Cupertino City Council Page 14. Application No. 51,075.40 - Vallco L.L.C., 10123 North Wolfe Road - Request to amend the approved landscaping plan for Vallco Fashion Park by removing trees located adjacent to a private street. Recommended for approval. Community Development Director Cowan reviewed the staff report. Scott Stevens, General Manager of Vallco said the current situation poses a liability to the center. All of the landscaping will be reviewed in 1996. Sorensen moved, Bautista seconded and the motion passed 5-0 to approve the Planning Commission recommendation that the trees be removed and not replaced. 15. Confirmation of west valley cities' representative on the Santa Clara County Transportation Agency Board. Director of Public Works Bert Viskovich presented the staff report. Mayor Bumett said he has served on the policy advisory board and the Agency Board has agreed it would be appropriate for him to complete Koppel's tenn. - Baufista moved, Chang seconded and the motion carried 5-0 to appoint Mayor Burner to complete Barbara Koppel's term on the Santa Clara County Transportation Agency Board. 16. Approval of selection and terms of West Valley representative to the Santa Clara County Transportation Agency Board. Director of Public Works Viskovich reviewed the proposed changes in the selection process and length of terms. Bautista moved and Sorensen seconded to ratify the changes in the process for appointing the West Valley Cities representative to the Santa Clara County Transportation Agency Board. The motion carried 5-0. 17. Resolution No. 9507: Supporting the Benefit Assessment District election for North Central Flood Control Zone. Previously continued to December 4, 1995. WRITTEN COMMUNICATIONS - None. ORDINANCES November 20, 1995 Cupertino City Council Page 9 -- 18. Second reading and enactment of Ordinance No. 1703: "An Ordinance of the City Council of the City of Cupertino Repealing and Reenacting Chapter 6.28 of the Cupertino Municipal Code Relating to Cable Television Franchise Regulations." Sorensen moved, Bautista seconded and the motion passed 5-0 to read Ordinance No. 1703 by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Sorensen moved, Baufista seconded and the motion passed 5-0 to enact Ordinance No. 1703. 19. Second reading and enactment of Ordinance No. 1704: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Stop Required at Certain Intersections--orand Avenue and Santa Clara Avenue." Sorensen moved, Bautista seconded and the motion passed 5-0 to read Ordinance No. 1704 by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Sorensen moved, Bantista seconded and the motion passed 5-0 to enact Ordinance No. 1704. 20. Second reading and enactment of Ordinance No. 1705: "An Ordinance of the City Council of the City of Cupertino Amending Title Two, Title Three and Title Five of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforr~ing the Provisions of the Code to be Consistent with Present City Practices, Ellrnlnming Redundm~t and Obsolete Provisions, Clarifying Old Provisions With New Language, and Consolidating and Streamlining Various Provisions." Sorensen moved, Bautista seconded and the motion passed 5-0 to read Ordinance No. 1705 by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Sorensen moved, Bautista seconded and the motion passed 5-0 to enact Ordinance No. 1705. RESOLUTIONS - None. STAFF REPORTS 21. Status report on retrofit of Blue Pheasant restaurant to comply with the Americans With Disabilities Act (ADA). Director of Parks and Recreation Dowling reviewed the report. ._ Barbara Rogers inquired about construction dates and whether the parking lot striping could be completed early. Dowling said the exterior work will begin in January and it is a 60-day project. The striping can't be done early because of the November 20, 1995 Cupertino City Council Page 10 extensive grading that will need to be done. When the project is completed the exterior will conform to the Americans With Disabilities Act (ADA). He said that Community Development Block Grant (CDBG) funds could not be used because of the commercial lease of a public building. Sorensen said she would discuss it with CDBG again. Dowling said the interior portion is still being designed and construction should take place in the spring. COUNCIL REPORTS Mayor Bumett announced changes to the committee assignments. Council members will now serve on the following boards and committees: Mayor Bumett: Association of Bay Area Governments County Committee on Homing and Community Block Grant Program Alternate Environmental Review Committee Alternate North Central and NorthWest Flood Control Zone Advisory Committee Santa Clara County Transportation Agency Board Santa Clara County Water Commission -. Traffic Authority Policy Advisory Board West Valley Mayors and Managers Counc. Bautista: Association of Bay A_ma Governments Alternate Cupertino Audit Committee League of California Cities City Legislative Delegate Program Legislative Review Committee Santa Clara County Cities Association Counc. Chang: Santa Clara County Transportation Agency Policy Advisory Committee Sister City Committees - Toyokawa and Pareslavl-Zalessky Counc. Dean: Environmental Review Committee Legislative Review Committee Santa Clara County Emergency Preparedness Commission November 20, 1995 Cupertino City Council Page 11 Counc. Sorensen: Cupertino Audit Committee Cupertino Education Committee Liaison Joint Venture Silicon Valley Public Sector Round Table Santa Clara County Alcohol and Drug Board Santa Clara County Cities Association Alternate County Committee on Housing and Community Block Grant Program Santa Clara County Emergency Medical Care Commission Diversity Committee At 9:00 p.m., the meeting was adjourned.