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CC 12-03-01APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday December 3, 2001 PLEDGE OF ALLEGIANCE At 7:16 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, Public Information Officer Rick Kitson, Senior Planner Vera Gil, Senior Planner Peter Gilli, City Attorney Charles Kilian, Assistant City Attorney Eileen Murray, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Annual Report of the Parks and Recreation Commission. Frank Jelinch presented the report in PowerPoint presentation. The report reviewed their accomplishments in 2001 and their three main goals for 2002. POSTPONEMENTS Item No. 12, appeal regarding a shopping center parking lot on Blaney Avenue, was continued to January 7, 2002. The public hearing was opened at 7:31 p.m. James moved to: 1) Continue the item to January 7 and 2) Indicate that the appeal would not be continued past that date. Chang seconded and the motion carried 4-0 with Kwok abstaining. WRITTEN COMMUNICATIONS · A letter dated November 27 from the City of Sunnyvale regarding the Mary Avenue Footbridge (Item No. 15 on the agenda) · A letter dated December 3 from Nagamani Nataraj opposing the Mary Avenue Footbridge · A letter received December 3 from Robert Giebeler in favor of the Mary Avenue Footbridge Becem~oer 3, 2001 Cupert'mo City Council Page 2 A map of 20075 De Palma Lane (Item No. 13 on the agenda) plus a list of staff- recommended actions ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Avenue offered congratulations to the new Mayor and City council members. Lucia Wu, Chair of the Moon Festival, thanked Cupertino for hosting the festival. She presented the hand-painted Moon Cake box to the City for display and read a letter of congratulations from President George Bush regarding the Moon Festival. Lowenthal accepted both items on behalf of the City. The Council members thanked Ms. Wu for her work. CONSENT CALENDAR Sandoval moved to approve the items on the Consent Calendar as recommended. Chang seconded and the motion carried 5-0. 3. Treasurer's Budget Report - October 2001. 4. Accounts Payable, November 16 and 21, Resolution Nos. 01~246 and 01-247. 5. Payroll, November 21, Resolution No. 01-248. Approve the donation of records fi.om the City Clerk files, which are in excess of two years old and are of historical interest, to the Cupertino Historical Society, Resolution No. 01-249. Public nuisance abatement: Set public heating to consider abating a public nuisance (vacant lot containing an accumulation of trash and debris) at 10200 Stem Avenue (APN 375 12 002, Patrick W. McGrath property owner), Resolution 01-250. Fee Waiver from State of California Employment Development Department (EDD) Tax Branch and the local Internal Revenue Service in the approximate amount of $70.00 for a free employment tax seminar at the Quinlan Community Center on January 23, 2002. 10. Acceptance of improvements (may include grading, street improvements on site and off- site improvements): Steve Zankich, Zankich Construction, 10281 Imperial Avenue; Gregory & Joan Price, 18671 Starrett Court, APN 375-26-023 (no documentation in packet). 11. Authorization for the City Manager to approve an amendment to the Agreement for Architectural Design Services with SMWM for schematic design of the Civic Center Plaza and Improvements projects in an amount not to exceed $165,000 and a provision ' Deeeml>er ~, 21301 Cupertino City Council Page 3 for up to $50,000 in additional services as may be required solely at the City's option and approved by the Director of Public Works. Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2, Approval of minutes, November 19. James clarified that page number 2-9, item No. 30 should be corrected to read, "She said that she would not object to Council member Chang choosing 2 more commissioners if that was the recommendation of the Teen Commission, but she still felt that it wasn't the fight message to give to young people." James moved to approve the minutes of November 19 as amended. Chang seconded and the motion carried 3-0 with Kwok and Sandoval abstaining. 6. Revenue and expenditure status report. Lowenthal said that there needed to be a mandatory check on the City's budget status. So he pulled this item fi.om the consent calendar in order to hear the report from finance. Administrative Services Director Carol Atwood reviewed the highlights of the report. James moved to accept the report. Chang seconded and the motion carried 5-0. PUBLIC HEARINGS 12. Appeal of Planning Commission denial of Application 09-U-01, regarding a use permit for the continued use of a shopping center parking lot for car storage at 10071 S. Blaney Avenue (APN 369-03-014). The appeal was filed by the applicant, Gary Schmidt. (Applicant requests continuance to January 7, 2002). At the beginning of the meeting, Council moved to continue this item to Jan. 7, 2002, and noted that the appeal would not be continued past that date. 13. Approve Use Permit to construct 8 single family townhomes on an approximately one acre parcel and rezoning of an approximately one-acre parcel from RI-10 to P(Res); Tentative map to subdivide an approximately one-acre pamel into 8 townhome lots and 1 common lot; Application Numbers: 08-U-01, 06-Z-01, 03-TM-01, 14-EA-01; R&Z Development. The project is located at 20075 De Palma Lane; APN 369-32-003. A Negative Declaration was previously granted on November 19, 2001. December 3, ~001 Cupertlno City Council Page 4 Second reading of Ordinance No. 1889: "An Ordinance of the City Council of the City of Cupertino Rezoning a 1.04-Acre Lot from Rl-10 to P(Res) to Allow 8 Single-Family Townhouses Located at 20075 De Palma Lane." City Attorney Charles Kilian said that Council member Kwok had participated on this item as a Planning Commission member and that Kwok indicated that he would abstain from participation. Community Development Director Steve Piasecki reviewed the item and suggested wording for council actions. The public hearing was opened at 7:50 p.m. The following individuals spoke in opposition to the project: Tony Fong, 20182 Rodrigues Avenue Nelson Dennis, 20055 De Palma Lane John Lieu, 20172 Rodrigues Avenue Lucy Lieu, 20172 Rodrigues Avenue They were opposed to the trail location along Regnart Creek from Rodrigues Avenue to the back of the units, but not opposed to the development of the property. Glenn Cahoon, designer of the project, said that he changed the design as council directed by reducing each unit approximately 150 square feet, increasing the setback on one location to 15 feet and straightening out the creek trail and moving it away from adjacent property as much as possible. Mark Roberts, 10227 Adriana Avenue, represented the applicant, R & Z Development Co. He said that they have followed Council direction, the General Plan and all City ordinances for this project. He asked Council to reconsider allowing 9 units, but said that he would try to work with 8 units if Council would allow the size unit to be 2000 square feet. He also asked Council to consider waiving park fees since the site would have a public benefit from the open space and the trail. He asked the Council to clarify that it would indemnify the use of the trail both on the site and on Santa Clara Valley Water District property. He asked for further clarification from Council regarding the trail use both now and later, and asked that the City assume the maintenance for the maderlying trail system on and off site. Community Development Director responded to the applicant's questions. The City Clerk read the title of the ordinance. James moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion carried 4-0 with Kwok abstaining. James moved and Chang seconded to enact Ordinance No. 1889 for zone change No. 06- Z-01. The motion carried 4-0 with Kwok abstaining. December 3, 2001 Cupertino City Council Page 5 James moved to approve the Use Permit No. 08-U-01 for 8 units with 2000 square feet of living area, allow temporary gates until the City takes responsibility for the trail and its maintenance, and reference the following 3 bullets taken from the handout: · Approval was based on exhibits titled: "Campo de Lozano between Rodrigues Avenue and 20075 De Palma Lane, Cupertino, California," consisting of 13 pages labeled: C, S, 1 through 11 dated July 2001, except as may be amended by the conditions contained in this approval · A final landscape plan shall be approved by the Director of Community Development at the building permit stage · Allowed temporary gates on the Santa Clara Valley Water District fight-of-way Sandoval seconded and the motion carried 3-1, with Chang voting no and Kwok abstaining. James moved to approve Tentative Map No. 03-TM-01 adjusted to reflect the 2000 square feet of living area and to reference the following 3 items taken from the handout: · The approval was based on exhibits titled: "Tentative Map, 20075 De Palma lane, Cupertino, California," consisting of 1 sheet labeled: 1 and dated 11/29/01, except as may be amended by the conditions contained in this approval · A final grading and drainage plan shall be approved by the Director of Public Works at the final map stage · Required Park Fees will be revised for 8 townhouse units with a credit for the one single-family detached dwelling Sandoval seconded and the motion carried 3-1-1 with Chang voting no and Kwok abstaining. UNFINISHED BUSINESS - None NEW BUSINESS 14. Request from Stevens Canyon Residents Association to consider an amendment to General Plan Policy 2-80 related to public and quasi-public land uses. At 8:40 p.m. City Attorney Charles Kilian abstained from participation and left the room. Assistant Attorney Eileen Murray replaced him. Commtmity Development Director Steve Piasecki did a PowerPoint presentation and answered questions from Council. The following individuals spoke in favor of the item: December 3, 2001 Cupertino City Council Page 6 Cris Wendt, 22600 Ricardo Road, representative from Stevens Canyon Resident's Association Robert Levy, 10802 Wilkinson Avenue Greg Harrison Sharon Blaine, 22284 De Anza Circle Lyn Faust, 11033 Canyon Vista Drive Paul Parker Virginia Fanelli, Principle of Canyon Heights Academy Steve Faust, 11033 Canyon Vista Their comments included the following: · The policy was originally included in the General Plan to make it easier for churches, child-care facilities, convalescent homes and private recreational uses to be located in the neighborhoods which would serve the population · The policy wording is too vague and is not in line with the intent and goals of the General Plan specifically with the hillside development provisions. James brought up the policy of applicants needing Council approval first for a General Plan amendment before bringing their plans forward that would require a General Plan amendment. This policy gives the appearance of Council advocating the change in the General Plan by allowing the applicant to apply for a General Plan amendment. She asked that this topic be brought to a future Council meeting. James moved to authorize a City-initiated General Plan amendment to evaluate Policy 2- 80. Kwok seconded and the motion carried 5-0. James moved to direct the Planning Commission to hold a public heating to evaluate Policy 2-80, consider how their recommendation to change or delete the policy would affect any applications in progress, and determine the appropriate language or possible deletion of Policy 2-80 and make a recommendation to Council. Sandoval seconded and the motion carried 5-0. 15. Report on Mary Avenue bicycle footbridge feasibility study. Public Works Director Ralph Quails reviewed the staff report. Mr. Steven Grover gave an overview of the Feasibility Study using a powerpoint presentation. Quails said that the consultant gave a preliminary estimate of $4.65 million for construction costs and a total project cost estimate of $6.6 million. He said that the current funding commitment from the Valley Transportation Authority (VTA) is $3.1 million. Decemher 3, 2001 Cupertlno City Council Page 16. The following individuals spoke on this item: Gary Tietz, 10520 Castine Avenue Jack Funk, 10679 Nathanson Avenue Len Doberne, 1601 Honfleur Drive in Sunnyvale Dieckmann Wolfe, traffic engineer for Sunnyvale Kevin Jackson from Sunnyvale Bob Kundich from Sunnyvale Donald Burnett, 729 Stendhal Lane Joe Walton, 21721 Columbus Avenue, Bicycle Committee (BPAC) member Anne Ng, 6031 Bollinger, (BPAC member) David Greenstein, chair of BPAC Mike Bullock, 21831 Hermosa Avenue Robert Levy, 10802 Wilkinson Avenue Kevin Gregory from Sunnyvale and Pedestrian Advisory Their comments included the following: · Cost concerns · Potential lack of utilization · A need to survey residents in the affected areas to see if there is interest · That it is important for private property intrusion, noise, graffiti concerns to continue to be addressed · Maintenance concerns · The bridge would reduce automobile traffic · The bridge would be money well-spent in comparison with global costs of maintaining the planet · The bridge would help with bus transit · More students could attend Homestead High School relieving some population pressure from Monta Vista High School. Kwok moved to: 1) Accept the feasibility study by Steven Grover and Associates for the implementation of the Mary Avenue Bicycle Footbridge; and 2) Request that the Director of Public Works develop a project implementation schedule and preliminary budget for the project and evaluate the current funding against other sources of potential funding; and 3) Report back to the Council with a schedule and budget with appropriate recommendations in early 2002. James seconded and the motion carried 5-0. Preparation of argument in favor of the March 2002 measure to extend the utility users excise tax. Lowenthal reviewed the purpose of this item. December ], 2001 Cupertino C{ty Coune{1 Page 17. Council discussed the pros and cons of having this measure on the November election versus the March election. Council concurred to continue this item to Tuesday, December 4 at 4:00 p.m. Appointments to Council committees. Lowenthal Animal Control JPA (until rotated to Los Gatos) Economic Development Public Dialog SCC Library JPA West Valley Mayors and Managers SCC Cities Association North Central Flood Alternate Northwest Flood Alternate SCC Cities Legislative Alternate Toyokawa Sister City Alternate VTA PAC Alternate Chang Audit Committee Leadership Cupertino Legislative Review Library Steering Committee Public Dialog SCC Library JPA Alternate West Valley Mayors and Managers Alternate SCC Housing and CDBG Alternate James ABAG Economic Development Library Steering Committee SCC Emergency Preparedness Skate Park Santa Clara Valley Water Alternate Environmental Review Alternate Kwok Leadership Cupertino North Central Flood Zone Northwest Flood Zone SCC Recycling ~3ecember 3, 2001 Cupertino City Council Page 9 Santa Clara Valley Water Toyokawa Sister City SCC Cities Alternate Skate Park Alternate Library Steering Cormnittee Alternate Sandoval Audit Committee Environmental Review Committee Legislative Review Committee SCC Cities Legislative Review SCC Housing and CDBG VTA PAC SCC Emergency Preparedness Alternate SCC Recycling Alternate ABAG Alternate 18. Consider cancellation of meeting on February 19, 2002. Council concurred to cancel the meeting. ORDINANCES 19. Second reading of Ordinance No. 1890: "An Ordinance of the City Council of the City of Cupertino Rezoning Approximately 20 Acres of Property Located on Results Way From ML(Light Industrial) to P(ML) (Planned Development Light Industrial)", The City Clerk read the title of the ordinance. James moved and Kwok seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion carried 5-0. James moved and Kwok seconded to enact Ordinance No. 1890. The motion carried 5-0. STAFF REPORTS COUNCIL REPORTS CLOSED SESSION At 11:37 p.m. Council adjourned to a closed session regarding pending litigation pursuant to Government Code Section 54956.9(a) regarding Cupertino Citizens for Affordable Housing et al. All Persons Interested in the Redevelopment Plan for the Cupertino Vallco Redevelopment Project, et al., Case No. CV 793260. December 3, 20131 Cupert'mo City Council Page 10 At 11:50 p.m. Council reconvened in open session. The City Attorney announced that the Council gave direction to its representative to proceed along lines discussed in closed session. ADJOURNMENT At 11:59 p.m. the meeting was adjourned to Tuesday, December 4 at 4:00 p.m. Ki~~y Clerk '