Loading...
CC 03-18-02 CIT~ C cu [CBNO APPROVED MINUTES CUPERTINO CITY COUNCIL Monday, March 18, 2002 4:00 p.m. CALL TO ORDER At 4:05 p.m., Mayor Lowenthal called the meeting to order in the City Council Chambers. 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, Adrninistrative Services Director Carol Atwood, , Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, City Attorney Charles Kilian, and City Clerk Kimberly Smith. STUDY SESSION - 4:00 p.m. - Council Chambers 1. Discussion of feasibility and trail alignment of the Stevens Creek Trail. Parks and Recreation Director Therese Smith handed out copies of a PowerPoint presentation and a document listing the community meeting schedule and the roster of the members of the Stevens Creek Trail task force. Consultant Jana Sokale reviewed the PowerPoint slides and answered questions from City Council The slides included photographs of other trails, the public notification that had been given, the trail planning process, the community meeting schedule, the key goals of the study, and identified the study areas. Area A is from Rancho San Antonio to Stevens Creek Boulevard, which is through county parklands. The remaining three areas along Stevens Creek are: Area B, Stevens Creek County Park to Linda Vista Park; Area C, Linda Vista Park through McClellan Ranch to Blackberry Farm; and Area D, McClellan Ranch through Blackberry Farm to Stevens Creek Boulevard. There would be a total of approximately 6.0 miles of trails, 0.75 miles of bicycle lanes, one new crosswalk at Stevens Creek Boulevard, and one new crosswalk or a new bridge with trail underpass at McClellan Road. The work products expected from this include a biological report, geo-technical report, operations and maintenance report, trail funding report, and trail feasibility report. March 18, 2002 Cupertino City Council Page 2 Robert Levy asked whether a hard surface on the trail was desirable, and whether it was appropriate for a nature study area. David Scionti was opposed to the suggestion of doubling up the driveway, since the fumes from idling cars and buses were already very bad. He said the entrance should come from Stevens Creek Boulevard. Debora Jamison, 21345 Rumford, handed om copies of Ordinance 1710, guidelines, and the master plan from 1993 and said those document the need to preserve the rural nature of McClellan Ranch. She was opposed to an asphalt trail, and felt the task force ignored the special requirements and restrictions of this site. David Greenstein, Byme Avenue, said he chaired the task force but was speaking tonight as a resident. He said this trail would be a benefit for children and families, and a hard surface is appropriate at some locations along the trail. It can also be an excellent alternative route to school other than by car. Alex Tsai said the trail alignment should not be determined until the Blackberry Farm master plan is in place. He felt the trail should not disturb the grassy area where families sit to watch children in the pool. He asked that the entrance be redesigned because it is unsafe where pedestrians and vehicles share the road down the hill. Susan Sievert provided a petition signed by Patricia Sievert opposing paved multi-use trails through the picnic grounds, golf course, nature preserve, and the Linda Vista neighborhood. Jana Sokale and Therese Smith provided the following information in response to questions by Council: RECESS The rome past the pool area was chosen to keep the trail separate from the fee area. Council may wish to change the fee structure and charge only for the pool and site reservations. McClellan Ranch was set up as a nature preserve and it will be Council's decision whether to allow a paved trail. The task force recommends a hard surface behind the garden and walnut orchard. A paved trail is less subject to rutting, and is wide enough for bicycles and skates. They recommend two feet of gravel on each side, which keeps weeds om and can be used by joggers. Options regarding a new entrance will be discussed in the master plan process. A crosswalk and/or signal at Phar Lap Drive has yet to go through traffic analysis. - Council recessed from 5:48 p.m. to 6:48 p.m. March 18, 2002 Cupertino City Council Page 3 PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torre 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, Associate Planner Peter Gilli, Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS Item number 18 was continued to April 15 at the request of the applicant. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy was opposed to the proposed Stevens Creek Trail route where it passed along the fence at Blackberry Farm. He also referred to comments by a Council member who unthinkingly said that there should be more Asians on stall but that could be a violation of Proposition 209. Skin color and background are differences that should not matter in employment. CONSENT CALENDAR Sandoval/James moved to approve the items on the Consent Calendar as recommended, with the exception of items 2, 11, and 14, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 4. 5. 6. 7. Accounts Payable: March 1 and 8, Resolution Nos. 02-041 and 02-042. Payroll: March 1 and March 15, Resolution Nos. 02-043 and 02-044. Treasurer's Budget Report - January 2002. Mid-year Budget Adjustment Report. Approve application for Alcoholic Beverage License: Glass Gecko, 10031 Judy Avenue. March 18, 2002 Cupertino City Council Page 4 Annexation: Setting date for consideration of reorganization of area designated "Orange Avenue 02-01", property located on the west side of Orange Avenue between Granada Avenue and Hermosa Avenue; approximately 0.219 acre, Lukzadeh, Javanmard, and Asgari (APN 357-16-029), Resolution No. 02-045. Approve request to waive fees: · Cupertino Symphonic Band for use of the Quinlan Center on Sunday, April 14, 2002 for a free public concert; amount requesting to be waived is $317.50 · California Grand Jurors' for use of the Quinlan Center for several meetings March through August 2002; amount requesting to be waived is $150.00 10, Accept improvements: PG&E Berm, The O'Brien Group (Oak Valley). (No documentation). 12. Grant of easement, roadway, Bagher Navid, 10950 Stevens Canyon Road, APN 356-01- 011, Resolution No. 02-047. 13. Grant of easement, drainage, Hanson Permanente Inc., property located on the west side of Stevens Canyon Road, approximately 500 feet south of Ricardo Road, APN 351-10- 023, Resolution No. 02-048. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve minutes: March 4, 2002. The minutes were corrected to show that Sandoval was not present during the commission interviews, to show that Frances Seward was appointed by a 4-0 vote, and to correct the spelling of Sally Lieber's name. James/Kwok moved to approve the minutes as corrected. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 11. Authorize the City Manager to execute a Temporary Access Agreement for construction between Tom McNair, 22261 McClellan Road, and the City of Cupertino, Resolution No. 02-046. Public Works Director Ralph Qualls said that there had been no concerns raised by the renters, only questions, for which staff was able to provide answers. Kwok/James moved to adopt Resolution No. 02-046. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 14. Approve designation of permit parking on Phar Lap Drive between Clearcreek Court and Oakdell Place, Resolution No. 02~049. March 18, 2002 Cupertino City Council Page 5 Public Works Director Ralph Qualls said he pulled this item because City Council preferred to discuss any permit parking requests under new business. James/Kwok moved to adopt Resolution No. 02-049. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None PUBLIC HEARiNGS 15. Use of the 2001/02 Local Law Enforcement Block Grant Funds. Administrative Services Director Carol Atwood stated that the City has received $22,636 in Block Grant Funds for 2001-02 from the Bureau of Justice Administration. The grant requires a local match of 10%, or $2,515. This year's allocation will be used to provide community outreach to youth and "at-risk" counseling, including $7,500 to Social Advocates for Youth. The Public Dialog Consortium will continue to meet with students and the Sheriff's Department for Phase II of the "Kids with Cops" program. The Mayor asked for public comments. There were none, and Council concurred to receive the report. Mayor Lowenthal directed that items 16 and 17 be considered at the same time. 16. Application No. 05-GPA-01, 15-EA-01: City-initiated General Plan Amendment to determine possible amendments to, or deletion of, Policy 2-80 as it relates to quasi~public uses. A Negative Declaration is recommended, and this item is recommended for approval, Resolution No. 02-050. 17. Z-2001-04, U-2001-03, DA-2001-01, EA-2001-04; Appeal of the Director of Community Development's decision to stop processing the Canyon Heights Academy application and environmental impact report due to inconsistencies with the hillside and neighborhood protection policies in the Cupertino General Plan; Southeast side of Stevens Canyon Road, approximately 100 feet south of Ricardo Road (formerly McDonald-Dorsa quarry); Appealed by a representative of the Canyon Heights Academy. Community Development Director Steve Piasecki reviewed both items. Associate Planner Peter Gilli reviewed the Planning Commission recommendations for General Plan Policy 2-80, including the current site plan. He reviewed a PowerPoint presentation, which compared the allowable General Plan residential development to the Canyon Heights Academy proposal for a school. Conflicts with the General Plan include traffic impacts, noise impacts, visual impacts, and hillside protection. He also reviewed a flow chart showing processing options and decision points. Andy Faber, land use attorney, asked that City Council not change the rules in the middle of the game. He said that the applicant's money was spent in good faith, and they want to continue with the application process. He said he thought it was premature to say that the school had to figure out how to solve every potential problem at this stage and that everything would be analyzed in the Environmental Impact Report (EIR). He said that it was ultimately up to Council to decide to accept the application or not and that there was March 18, 2002 Cupertino City Council Page 6 nothing in the City code that says staff has the right to stop processing an application. He said they are only asking for fairness, not to have the rules changed mid-stream, and to let them proceed and have Council eventually decide to approve or deny the project. Paul Parker, principal of Canyon Heights Academy, echoed the sentiments of Andy Faber and talked about fairness and fair play. He thought it only fair that the application be allowed to move through the process and that the rules and procedures be consistent throughout. He asked that Council allow the application to be moved to the next step of the process, which would be the completion of the EIR and the scheduling of public hearings. He said he realized that moving forward does not guarantee that the school will be approved, but wanted the Council to be able to make that decision at a later date. The following individuals asked that Council uphold the appeal: · Dr. Carl Litak, 22535 Salem Avenue, Cupertino · Charles Corbalis, 19357 Zinfandel Ct., Saratoga · Virginia Fanelli, 5958 Dry Oak Dr., San Jose · Trisha Carbajal, 10681 Johnson Ave., Cupertino · Mary Ellen Tanberg, 5868 Chebro Ave., San Jose · Father Patrick Langan, 310 Eazy Street, Mountain View · Jan Pendergast, 11700 Upland Way, Cupertino · Takung Wang, 6392 Vicanna Dr., San Jose · Dieter Statezni, 18701 Hanna Dr., Cupertino · Mark Casper, 927 Blandford Ave., Redwood City The following individuals requested that Council deny the appeal: · Jay Anderson, 22384 Riverside Dr., Cupertino · John Kolski, 12100 Stevens Canyon Rd., Cupertino (oral and handout) · Sharon Blaine, 22284 De Anza Circle, Cupertino · Steve Faust, 11033 Canyon Vista Dr., Cupertino · Ken Brown, 22475 Mc Clellan Rd., Cupertino · Robert J. Levy, 10802 Wilkinson Ave., Cupertino · Frank Harrison, 22325 Rancho Deep Cliff Dr., Cupertino · Donna Poggi, 22384 Riverside Dr., Cupertino · Jim and Marti Klug (email and handout) The following individuals asked that Council deny the appeal and delete Policy 2-80: · Chris Wendt, 22600 Ricardo Rd., Cupertino · Roger Costa, 10932 Canyon Vista Dr., Cupertino · Shirley Poitras, 22415 Rancho Deep Cliff, Cupertino · Craig K. Breon, Executive Director of the Santa Clara Audobon Society · Jay Glicksman, 11052 Canyon Vista Dr., Cupertino · Paul Roberts, 22363 St. Andrews Ave., Cupertino · Jack Goodman, 10374 San Femando Ave., Cupertino · Bruce Nilo, 22389 Balustrol Ct., Cupertino March 18, 2002 Cupertino City Council Page 7 Alan Miller, 11042 Canyon Vista Dr., Cupertino Ignatius Y. Ding, 10397 Avenida Lane, Cupertino Domenic and Sheila Falcone (email and handout) Anne Dor, 22525 Balboa Rd., Cupertino, said she was a successful developer of hillside property in Cupertino, and that the developer did not seem to be listening to the advice given by the Planning staff, who was trying to help them create a successful project. Council discussion followed. Michael Chang preferred the changes proposed by staff for Policy 2-80 rather than deletion of the policy as proposed by the Planning Commission. Dolly Sandoval felt that any change or deletion of policy 2-80 should be considered when General Plan update was discussed. Sandra James and Patrick Kwok said they would support either deletion or modification of the policy. Richard Lowenthal was in favor of deletion. The Council members were concerned about the land use proposed for this site and the impacts it would have. They specifically listed concerns with the impacts from density, school population, traffic, and the need to protect the riparian habitat and preserve open space. Chang/James moved to deny the appeal and uphold the Community Development Director's decision. Vote: Ayes: Chang, James, Kwok, Lowenthal, SandovaL Noes: None. Chang/Kwok moved that this project would not be granted pipeline status. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Chang moved to table the decision on Policy 2-80 and let it be decided during the General Plan update. The motion failed for lack of a second. Chang/Sandoval moved to retain Policy 2-80 and direct staff to study the matter and address it during the General Plan update. Motion failed by the following vote: Ayes: Chang, Sandoval. Noes: James, Kwok, Lowenthal. James/Kwok moved to delete Policy 2-80. Vote: Ayes: James, Kwok, Lowenthal. Noes: Chang, SandovaL Sandoval asked that the record show she voted no because taking part of the policy out of the General Plan discussion in total is not the way to do business. James/Kwok moved to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS ~ None March 18, 2002 Cupertino City Council Page NEW BUSINESS 18. Petition for reconsideration of the City Council 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 (continued to April 15 at the request of the applicant). This item was continued to April 15 at the request of the applicant. 19. First reading of Ordinance No. 1893: "An Ordinance of the City Council of the City of Cupertino amending Chapter 3.25, Sale of Surplus Supplies and Equipment." The City Clerk read the title of the ordinance. James/Sandoval moved to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 20. Consider joint use of the Cupertino High School pool pending city financial participation in the renovation project for a one-time cost of $400,000 plus ongoing utility expenses. Parks and Recreation Director Therese Smith handed out a staff report for this item and explained there does not appear to be a design option within the district's budget that would meet summer program needs. District staff would allow the city to purchase additional shallow water areas, but staff recommends against this because of the cost. There would be a capital investment cost of $266,000 plus an annual operating cost of $20,000 to $27,000. The City Council received the report and agreed that it was unfortunate that the proposal did not work out. 21. Award contract for Blackberry Farm Golf Course Maintenance, Project No. 2001-2008. James/Kwok moved to award the yearly maintenance contract for Blackberry Farm Golf Course Maintenance, Project 2001-08, to the low bidder, Spot Water Management, in the amount of $175,599.96. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES 22. Second reading of Ordinance No. 1892: "An Ordinance of the City Council of the City of Cupertino Amending chapter 2.86 Housing Committee of the Cupertino Municipal Code Concerning Renaming the Housing Committee." The City Clerk read the title of the ordinance. James/Sandoval moved to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. March 18, 2002 Cupertino City Council Page 9 James/Sandoval moved to enact Ordinance No. 1892. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS 23. Revenue and expenditure status report. Administrative Services Director Carol Atwood said that revenues were down in sales tax by 12%, down in transient occupancy tax by 38%, and down in property tax by 58%. Expenditures are down 9% from last year. Council received the report. COUNCIL REPORTS - None CLOSED SESSION - None ADJOURNMENT At 11:08 p.m. the meeting was adjourned to a joint study session with the Library Steering Committee at the Cupertino Senior Center, 21251 Stevens Creek Boulevard, on March 19 from 5:00 p.m. to 6:30 p.m. City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cuCertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. Both the study session and regular business meeting of March 18 were televised.