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CC 08-19-02CU?EI INO AFFROVED MII~UTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, August 19, 2002 ROLL CALL At 4:05 p.m. Mayor Lowenthal called the meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino. City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, and Patrick Kwok. Council members absent: Dolly Sandoval. Staff present: City Manager David Knapp and City Clerk Kimberly Smith. INTERVIEWS Conduct interviews of Teen Commission applicants bom Hyde Middle School and Homestead High School. Council interviewed Christopher Haley, Piyush Goyal, Vinaya Mulkareddy, Emily Saneski, and Ashley Orton (on videotape). The Councilmembers voted unanimously to appoint Christopher Haley and Piyush Goyal to the Teen Commission. RECESS Council recessed from 4:35 to 5:08 p.m. ROLL CALL At 5:08 p.m. Mayor Lowenthal called the meeting to order in Conference Room C of City Hall, 10300 Torre Avenue, Cupertino. City Council members presem: Mayor Richard Lowenthal, Vice-Mayor Michael Chang (5:16 p.m.), and Council members Sandra James, and Patrick Kwok. Council members absent: Dolly Sandoval. Planning Commission members presem: Angela Chen, Marc Auerbach, Charles Corr, Taghi Saadati, and Gilbert Wong. Staff presem: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Public Works Director Ralph Qualls, and City Clerk Kimberly Smith. August 19, 2002 Cupertino City Council ~age 2 STUDY SESSION 2. Conduct joint meeting with the Planning Commission regarding Community Design and Transportation ~ with the Valley Transportation Authority). Joanne Benjamin and Chris Augustine from the VTA reviewed the draft manual for integrating both land use and transportation planning, and asked that the City Council adopt a resolution accepting the best practices set forth in that manual. Augustine gave a PowerPoint presentation of the highlights of the Community Design and Transportation manual. Discussion was held about the traffic impact around schools, and that busing has not been re-instituted because of the cost of the subsidy. Chang asked if they could provide bus ridership statistics for Cupertino. James suggested that they advertise the fact that the bus drivers actually serve as an arm of the Sheriff's law enforcement, and can radio in if anyone needs help. Charles Corr suggested that there be a light rail connection on either side of 85, and also on Stevens Creek Boulevard connecting to 85. Robert Levy, 10182 Wilkinson Avenue, said close attention should be paid to get feeder lines to the transportation corridors. Chang asked that the map be amended to specifically show DeAnza College, since it will have a new transit center, and has a population of 26,000. RECESS Council recessed from 6:05 to 6:50 p.m. PLEDGE OF ALLEGIANCE At 6:50 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, and Patrick Kwok. Council members absent: Dolly Sandoval. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Quails, and City Clerk Kimberly Smith. August 19, 2002 Cupert'mo City Council Page 3 CEREMONIAL MATTERS - PRESENTATIONS 3. Presentation to City Council by John Kolski on behalf of the Cupertino Host Lions Club. Mr. Kolski was not present. 4. Presentation of the Cupertino Telecommunications Commission aunual report. David Eggleston, past chairperson of the commission, reviewed a handout listing the commission's accomplishments this year. They included a public Internet forum, technical guidance to the city on wireless antenna installations, and awards and grants. POSTPONEMENTS - none WRITTEN COMMUNICATIONS Correspondence was distributed on items 16 and 19B. ORAL COMMUNICATIONS Eno Schmidt, vice chairperson of the Library Commission, gave an update on the commission's accomplishments, which included a review of the library relocation plans. He said libraries were still necessary in this time of technology because they are advocates for learning and they serve as a community gathering place. Schnaidt said in the year ending in October, the Cupertino library check out more than 2 million items, and reached more than 2900 children and 200 teens in the summer reading program. Robert levy, 10802 Wilkinson Avenue, said there are many activities of the Planning Commission and Council that do not receive much advertising. He discussed the field trip to look at the proposed route for the Stevens Creek Trail. CONSENT CALENDAR Chang/James moved to approve items on the Consent Calendar as recommended, with the exception of 9, 10, 15, and 16, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 5. Approve the minutes from the July 15 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for July 12, July 19, July 26, August 2, and August 9, Resolution Nos. 02-139 to 02-143. 7. Adopt resolutions accepting Payroll for July 19 and August 2, Resolution Nos. 02-144 and 02-145. August 19, 2002 Cupertino City Council Page 4 8. Accept the Treasurer's Budget Report - June 2002. 11. Adopt a resolution setting the date of September 16 to approve the reorganization of area designated "San Femando Avenue 02-02", property located on the north side of San Fernando Avenue between Orange Avenue and Byme Avenue; approximately 0.228 acre, Liu (APN 357-15 -039), Resolution No. 02-146. 12. Adopt a resolution of intention to amend the contract with the Public Employee Retirement System (CalPERS) to enhance 1959 survivor benefits, Resolution No. 02-147. 13. Accept street improvements, 10060 S. Stelling Road, APN 359-07-003; Stanley Wang; 10599 N. Stelling Road, APN 326-08-053; Lin-Hal Nan and Hsiao-Yun Tan; 21730 Alcazar Ave., APN 357-19-012; Chiao-Fu and Sue-Fay L. Chang. (No documentation in Packet). 14. Adopt a resolution accepting a Grant of Easement for Public Utility Purposes, Maximo Perez, 1248 Weymouth Dr., APN 362-10-067, Resolution No. 02-148. 17. Support Proposition 46 (Burton), the Housing and Emergency Shelter Trust Fund Act of 2002, Resolution No. 02-151. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 9. Accept Annual Report from July 1, 2001 to June 30, 2002. Mayor Lowenthal said he appreciated the recap of the year's activities, and offered his thanks to the staff. James/Chang moved to accept the annual report. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval 10. Approve applications for an Alcoholic Beverage License: B. C. D. Oakmont Market, 19944 Homestead Road Loree Liquors, 19050 Stevens Creek Boulevard Peacock Lounge, 19980 Homestead Road 20956 Homestead Road, Suite A1 (no name listed) After discussion, Kwok/James moved to continue item I 0 B., Loree Liquors, to allow time for a meeting between the owner and the city council regarding the maintenance of the property. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. The city attorney said that both the property owner and the lessee should be notified. Kwok/James moved to approve the applications for the Oakmont Market, the Peacock Lounge, and 20956 Homestead Road. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval August 19, 2002 Cupeffmo City Council Page 5 15. Adopt a resolution authorizing the City Manager to execute an agreement between the City of Cupertino and Field Paoli Architects for the renovation of the Cupertino Sports Center for a fee of $297,125; and authorize the Director of Public Works to execute up to an additional $50,000 of additional services as may be required to complete the work, Resolution No. 02-149. Quails discussed the tentative project schedule that listed a series of milestones. He said the design concept approval is the next step, and it is scheduled for September 3. James/Kwok moved to adopt resolution 02-149, and to hold a city council study session on this item on Tuesday, September 3, at 430 p.m. 16. Adopt a resolution authorizing the City Manager to approve a Lease Agreement between the City and Devcon Associates XVI for the temporary relocation of the Cupertino Public Library and for the lease of up to 10,175 square feet of commercial space at 10441 Bandley Drive for a period of up to 22 months, with a total lease amount not to exceed $300,000 and with an option to extend the lease for up to two months in an amount not to exceed $30,000, Resolution No. 02-150. The city clerk distributed a letter dated August 19 from Susan Fuller, Santa Clara County Librarian, in support of the relocation and lease. James thanked Quails for finding a location and negotiating a good lease. City Manager David Knapp discussed the impacts expected during the relocation. He said the library and staff will work to identify other locations for story hour mad other library programs during construction of the new building. Finance Director Carol Atwood talked about the status of the bonds process. Kwok/James moved to adopt resolution No. 02-150. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval PUBLIC HEARINGS 18. Conduct a public hearing and adopt a resolution ordering a street name change within the city pursuant to Section 5026 of the Streets and Highways Code to change Maryknoll Court to Peralta Court, Resolution No. 02-152 (item continued from July 15). The public hearing was opened and 7:25 p.m. there were no speakers. James/Kwok moved to adopt Resolution 02-152. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. 19. Approve applications and adopt a resolution approving a General Plan Amendment for David Chui (Monta Vista Church) and Allen Wong (Keiki Place), Resolution No. 02-153. The public hearing for both item 19A and 19B was opened at 7:30 p.m. August 19, 2002 Cupeffmo City Council Page 6 Approve application(s) U-2002~05, GPA-2002-01, Z-2002-01, EA-2002-06, David Chui (Monta Vista Church), located at 10051 Pasadena Avenue, APN 357- 17-041 Applicant David Chui, 21947 Oak Leaf Court, said the church operation is small- scale, and most traffic occurs on Sunday between 10 a.m. and noon. Approximately 70 people attend each week. Kwok/James moved to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval First reading of Ordinance No. 1899: "An Ordinance of the City Council of the City of Cupertino Rezoning Approximately a 0,45-acre Lot From P(CN, ML, Res 4-12) to P(CN, ML, BQ, Res 4-12) to Allow Quasi-Public Land Use Activities at 10051 Pasadena Avenue" The City Clerk read the title of the ordinance. Kwok/Chang moved and seconded 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, Noes: None. Absent: Sandoval. Kwok/Chang moved to approve the application for a use permit to allow a quasi-public use (church) in a portion of an existing office building, with the conditions recommended by staff. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. Approve application(s) U-2002-04, GPA-2002-02, EA-2002-09, Allen Wong (Keiki Place) located at 10931 Maxine Avenue, APN 326-02-052, to allow a child care center in an existing quasi-public building. The City Clerk distributed an email message dated August 20 from John Shea in support of this application. Mae Ling Tien, applicant, talked about her plans for the business, and said it will be fore childcare with heavy parent involvement. Planner Veto Gil said staff recomanended the fee waiver on the basis that a hardship was created for this property owner when General Plan policy 2-80 was removed. If childcare use on the property had been continuous, this new business would not require a General Plan amendment. However, the use ceased more than a year ago and during that time the policy was removed. 1. Chang/James moved to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. August 19, 2002 Cupertino City Council Page 7 20. Chang/James moved to approve an application for a Use Permit to allow a child care facility in an existing quasi-public building. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. Chang/James moved to grant a fee waiver for a General Plan Amendment. Vote: Ayes: Chang, James, Kwok. Noes: Lowenthal. Absent: Sandoval. Lowenthal said this was an expired use, and he did not see a reason to waive the fee. Also, it may set a precedent. James/Chang moved to adopt a resolution No. 02-153, a General Plan Amendment for David Chui (Monta Vista Church) and Allen Wong (Keiki Place). Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. Approve application(s) U-2002-03, EXC-2002-04, EA-2002-05, CTC Funding, LLC (Cupertino Town Center) located at the Southwest comer of Rodrigues and Torte Avenues), APN (s) 369-40-017 and 369-40-002. These applications are to: (1) Demolish two office buildings (for a temporary parking lot) and construct a 28,000 square foot, two-story office building and a 2,500 square foot commercial building; and (2) Approve an exception to the Heart of the City Specific Plan to increase the height of an office building from 36' to 45' The public hearing was opened at 8:00 p.m. Ed Storm, one of the applicants, said they hoped to get some forward progress and may have a tenant lined up for this property. Also, some of the existing buildings are in need of repair. The rest of the master plan is in progress, and he asked that counsel not penalize this portion of the project wall waiting for the rest. He explained that the request for an exception to allow a height of 45 feet is necessary for the pitched roof that is proposed. They can build a flat-roofed building and not need the height exception, but the architectural design would not be as good. E. J. Conens said he was opposed to the height exception, and noted that traffic is worse than ever. Joarme Tong said she was also concerned about the height, and asked whether the exceptions would be granted on a piecemeal basis or for the entire project. Robert Levy, 10802 Wilkinson Avenue, suggested the buildings incorporate passive solar solutions. He liked the increased residential units, but if it is targeted at young families, where will children have to play. He also discussed traffic calming. James/Lowenthal moved to grant a Negative Declaration. The motion failed to carry with Chang and Kwok voting no. August 19, 2002 Cupertino City Council Page 8 Kwok moved to continue this item to September 16, and to hold a joint study session with the Planning Commission on September 16 at 4:30 p.m. Chang seconded. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. Chang requested that staff provide an update on how changes to this overall plan will affect traffic and parking. PLANNING APPLICATIONS 21. Authorize a Public Hearing to consider a General Plan Amendment to increase Residential Allocation in the Heart of the City planning area by 170-300 units for a mixed use Residential/Retail/Office development at the Hewlett Packard site north of Stevens Creek Boulevard between Wolfe Road and Tantau Avenue (APNS: 316-20-078/316-20- 079/316-20-085), Application No. 2002-03, Resolution No. 02-154. Tom Quaglia, representing the applicant, said that he was not expecting the Council to take action on the allocation of office at this time, but only to authorize the hearing. James/Kwok moved to adopt Resolution 02-154. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. They also agreed to hold a study session on this item on Monday, September 9, at 5:00 p.m. UNFINISHED BUSINESS - None NEW BUSINESS 22. Adopt a resolution authorizing the City Manager to execute an informal letter agreement with De Anza Cupertino Aquatics (DACA) for the temporary use of the pool facilities at Blackberry Farm, Resolution No. 02-155. Pete Raykovich, DACA Executive Director, said they need this new space for about six months while the DeAnza College pool is being renovated. Other pools will take some of DACA's programs, but they still need a location for the pre-competitive program serving about swimmers. David Skionti, 22079 San Femando Court, said his home is by the entrance to Blackberry Farm. He is worried about increased noise and traffic and the lights that will be necessary at the pool in the fall and winter. He asked that the city guarantee the lights would be removed at the end of the six-month period, or the entrance to the park be relocated. He also discussed a problem with trash and rodents near the garbage dump site. Robert Levy said he was concerned about the additional days of usage. There will be even more impacts on Byrne Avenue, which has inadequate sidewalks, and after dark the problem will be worse. August 19, 2002 Cupertino City Council Page 9 23. 24. Fang Cai, 20975 Valley Green Drive, spoke in support of the DACA request. He talked about how the swimming program had improved the health of his daughter. Sujatha Suresh, 10175 Orange Avenue, spoke in support of the DACA request. Umesh Talwalker, 20875 Valley Green Drive, spoke in support of the request. He was told the other alternative is to drive eight miles to San Jose where other pools are available, but this would be a great impact on the 200 to 300 families every week who are involved in the competitive swimming program. Parks and Recreation Director Therese Smith said she will investigate and address the trash pickup problems. Pete Raykovich said he believed they found a solution to the lighting, and are investigating the use of lights that have a lower glow area. Kwok/Chang moved to adopt Resolution No. 02-155. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. Direct staff to advertise for the five vacant positions of the Cupertino Bicycle Pedestrian Commission (three four-year terms and two two-year terms) and select application dates for the deadline and interviews. Council selected an application deadline of October 11, 2002, 5:00 p.m., and will conduct interviews on October 21, 2002, 5:30 p.m. Read and enact urgency Ordinance No. 1900 authorizing the Director of Public Works to approve individual Construction Contract Change Orders not to exceed $100,000 and in the aggregate not to exceed the Council approved contingency fund for each project; and authorize the Director of Public Works to approve extensions of time for construction projects up to a maximum of 60 calendar days. "An Ordinance of the City Council of the City of Cupertino Amending Chapter 3.23 of the Cupertino Municipal Code Relating to Public Works Contracts and Bidding Procedures, Repealing Section 3.23.160 and Adding a New Section 3.23.160 Relating to Change Orders for Additional Work on Public works Contracts and Declaring the Urgency Thereof." The City Clerk read the title of the ordinance. James/Chang moved to read the ordinance by title only, and that the City Clerk's reading would constitute the only reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. James/Chang moved to enact Urgency Ordinance No. 1900. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval August 19, 2002 Cupertino City Council Page 10 25. Consider a request for reinstatement to Public Safety Commission by Marc Majewski. Kwok/Chang moved to reinstate Mr. Majewski to his term on the commission, which will end in June 2004. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. ORDINANCES 26. Conduct the second reading and enact Ordinance No. 1898: "An Ordinance of the City Council of the City of Cupertino amending Chapter 11.080.270 Related to Skateboarding and Roller Skating." (Allows skating on the two concrete retaining walls parallel to and closest to Torte Avenue between City Hall and the Library). Robert Levy, 10802 Wilkinson Avenue, said he did not think that the ordinance was intended to allow skating in the entire plaza. Today there were 5-6 skateboarders on the steps by the library, and he felt Code Enforcement should be enforcing the ordinance. Kwok said he was concemed about safety to the skateboarders and the pedestrians, and ability the difficulty of enforcing the restrictions. Chang said he would support it because of its limited scope, but if there are problems it should be brought back to Council. The City Clerk read the title of the ordinance. James/Chang 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. James/Chang moved to enact Ordinance No. 1898. Vote: Ayes: Chang, James, Lowenthal. Noes: Kwok. Absent: Sandoval. STAFF REPORTS - None COUNCIL REPORTS Mayor Lowenthal announced that Santa Clara County Librarian Susan Fuller was retiring, and a dinner would be held in her honor on September 19. CLOSED SESSION - None ADJOURNMENT At 9:50 p.m. the meeting was adjourned to September 3 at 4:30 for a study session to review the schematic plans and cost estimate of the Cupertino Sports Center. Kimberly Smith, ~/ty Clerk August 10, ~2002 Cupertino City Council Page 11 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.cupertino.ore. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.