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CC 10-21-02CiTY OF CUPEI TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday October 21, 2002 CALL TO ORDER At 5:00 p.m., Mayor Lowenthal called the meeting to order in Conference Room A, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patxick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Public Works Director Ralph Qualls, Assistant Public Works Director Glen Goepfert, and City Clerk Kimberly Smith. INTERVIEWS 1. Interview applicants for the Bicycle Pedestrian Commission. Council members interviewed the following individuals for terms on the newly formed Bicycle Pedestrian Commission: Mahesh Nihalani, Geoffrey Paulsen, Jim Luther, Anne Ng, Mark Taylor, Hua Fu, Joseph Stern, James Lentfer, Linda Wegner, Judith Hoffman, Julie Goodman, Joseph Walton, Ernest Funk, Gordon Frolich, Harvey Barnett, Robert Levy, David Greenstein, and Nicholas Szabo (videotape). Council appointed Joseph Walton and Robert Levy to terms ending January 2005. Council appointed Geoffrey Paulsen, Hua Fu, and David CJreenstein to terms ending January 2007. RECESS Council recessed from 6:55 p.m. to 7:05 p.m. October 21, 2002 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 7:05 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, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Supervisor Mike O'Dowd, Senior Planner Aarti Shrivastava, Senior Planner Peter Gilli, City Planner Cynthia Wordell, Public Works Director Ralph Qualls, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Present a proclamation honoring the Cupertino Union School District (CUSD) teacher of the year. Mayor Lowenthal presented the proclamation to Mike Harshbarger. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Peter Letchworth, Rose Blossom Drive, asked about the status of Stevens Canyon Road widening. Public Works Director Ralph Qualls said that the contractor has been given the Notice to Proceed, and is currently developing a traffic control plan. Construction should be completed shortly after the first of the year. CONSENT CALENDAR Chang/Sandoval moved to approve items on the Consent Calendar as recommended with the exception of items 3 and 5, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Adopt resolutions accepting Accounts Payable for October 4 and 11, Resolution Nos. 02- 185 and 02-186. Accept improvements: Sherman Tuan & Yun Zheng, 20706 Kirwin Lane, APN 359-23- 005 (on-site grading, sidewalk, driveway approach, sewer lateral, city tree, curb and October 21, 2002 Cupertino City Council Page 3 gutter work; Tom and Paula Hutton, 22820 San Juan Road, Pans 342-21-O23,024, and 025 (retaining walls, curb and gutter work, and paving for road widening); Cupertino City Center Associates, Stevens Creek Boulevard at De Anza Boulevard, APN 369-01-029 (Parking). No documentation in packet. Approve a policy to require an integrated pest management approach to pest control at all city-maimained facilities, Resolution No. 02-188. Accept grant of easement for trail purposes (San Tomas Aquino/Saratoga Creek Trail), San Jose Water Company, Resolution No. 02-189. Adopt a resolution authorizing the City Manager to negotiate and execute a matching share grant agreement with the State of California Energy Commission, for a grant in the amount $37,352.00 and for the City to provide $29,348.00 in matching funds to provide for battery back up systems at 25 major traffic signal locations within the City for a total project cost of $66,700.00, Resolution No. 02-190. 10. Grant a 5 pement salary adjustment to the City Manager for performance from July 10, 2001 to July 9, 2002, Resolution No. 02-191. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Approve the minutes from the September 23, October 7, and October 15 City Council meetings. Kwok moved to amend the minutes of September 23 to add missing page 6 and to correct the spelling of Mr. Strother's name, and also to approve the minutes of October 7 and 15 as presented. Chang seconded. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 5. Adopt a resolution accepting Payroll for October 11, Resolution No. 02-187. Kwok asked if the City Treasurer could provide status of revenues and expenditures. Carol Atwood said Council would be given an update at the November 4 meeting. PUBLIC HEARINGS 11. Extend Interim Ordinance No. 1902 regarding Randy Lane and Larry Way (Linwood Acres), APNs 316-02-005 to 073, to January 31, 2003: "An Interim Ordinance of the City Council of the City of Cupertino Adopting Interim Measures to Immediately Rezone Approximately 19 Acres, Consisting of Sixty-Eight Single-Family Residences, from A1- 43 Agricultural-Residential Zone and the R1-7.5 Single Family Residence Zone to the P(A 1) Planned Development Zone with Agricultural-Residential Intent and Declaring the Urgency Thereof." October 21, 2002 Cupertino City Council Page 4 12. The public hearing was opened at 7:20 p.m. Geoffrey Paulsen, Randy Lane, said that these interim measures provide a good opportunity to pull people together that were divided over the issue, and to potentially find consensus on the matter. The public hearing was then closed. James/Kwok 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, Sandoval. Noes: None. James/Kwok moved to extend Ordinance No. 1902 to January 31, 2003. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Deny appeal of DIR-2002-27 for a temporary use permit issued by the Director of Community Development for a temporary sales trailer, The O'Brien Group, 21151 Canyon Oak Way, APN 342-59-007. The appeal was filed by Mr. Keith Hocker. City Planner Cynthia Wordell reviewed the staff report and said the Planning Commission recommended denial of the appeal. The sales trailer would only be open three days a week for a six-month period, and if the applicant wished an extension they would have to reapply. She reviewed a slideshow of the material in the written staff report. The public hearing was opened at 7:30 p.m. Michelle Hocker, Canyon Oak Way, said that although the use is a temporary one, the sales trailer has already been there for some time, and when she visited the area the sales office was in a model home. She talked about the amount of traffic generated by visitors to the Rancho San Antonio Park, and many people make a U-turu in her driveway. She said she had obtained signatures from 18 households opposing the move of the sales trailer, and asked that it be left where it is. Elissa Morrash, representing the O'Brien Group, said there are 3 homes remaining out of 178 for sale, and the O'Brien group is very anxious to sell these last three. She said that the CC&Rs allow sales trailers, and it is best to have them close to the homes for sale. They don't anticipate a lot of traffic, and the trailer will only be open Friday, Saturday, and Sunday. The O'Brien Group will take any measures to help protect the neighbors from the traffic impacts. Morrash explained that a ramp will be built over the existing curb to allow additional parking and construction access, and the ramp will be removed later. In response to a question by Michael Chang, she said that they may be able to meet people by appointment on Fridays, but fight now they only get about 3-5 visits per week. Donald Potter, Canyon Oak Way, said the neighbors are also eager to see the last three homes sold. He had assumed any other sales offices would be located inside one of the homes. There is a small children's park nearby, so he felt traffic congestion should be minimized. There is also a lot of construction vehicle parking. He asked that the sales office be put in one of the vacant homes, or if Council does approve this use permit for the trailer, that it not be extended beyond the six-month period. October 21, 2002 Cupertino City Council Page 5 James said she felt a good compromise would be for the O'Brien Group to not request an extension, but if a sales office is needed in six months it should be put in one of the homes. Kwok concurred with that suggestion. Sandoval said she recognized that the appellants signed CC&R that allow for a trailer. The City could deny that the trailer be moved, but it could still remain where it is, and it would just be farther away from the houses than the sellers would prefer. Because the tot lot is so close to the parking, this may not be the safest place for the extra traffic. She suggested that the trailer remain where it is, and the O'Brien Group use golf carts to transport prospective buyers to the homes. Also, if the sales trailer is there for six months and all homes not sold, it might as well stay there until it is not needed any more. Chang agreed that the O'Brien Group should work with the neighbors to solve the parking issues, and felt there should be a limit on the time the trailer would be allowed. Lowenthal said he wished to support the most efficient sales mechanism there is, to get the transient traffic out of the area and to get permanent residents in place. Perhaps the sales office could be moved into one of the completed garages as soon as it was available. Elissa Morrash said she had spoken to the Hockers but had not yet had an opportunity to meet with other neighbors yet. The golf carts were an interesting idea, but Cristo Rey Drive may be a dangerous location for that kind of transportation. She said they would be happy to move the sales office into a garage if that is possible, and they would be willing to meet with the neighbors, put signs up, etc. She noted that there should be no construction parking on the street and she would inform the construction crew. The City Planner clarified that the temporary use permit cannot be extended, the application would have to reapply. Council could adopt a condition that said should the applicant apply for another use permit, they would need to demonstrate that it was impossible to locate in an existing house. The public hearing was closed. James/Chang moved to deny the appeal, without adding any other restrictions, and uphold the decision of the Planning Director. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: Sandoval. PLANNING APPLICATIONS 13. Approve application numbers U-2002-07 and EA-2002-12, Cupertino Civic Center (library), 10400 Torte Avenue, APN 369-31-033, for a use permit to demolish the existing Cupertino library, construct a new 53,000 square foot library, and a new 6,300 square foot Community Hall Center / Council Chambers, with accompanying hardscape and landscape improvements. Senior Planner Aarti Shrivastava reviewed a slide presentation that included the site plan and floor plans for the new library, community hall, as well as layout of the plaza, fountains, and seating areas. She also discussed traffic impacts and parking standards, October 21, 2002 Cupertino City Council Page 6 mad said that 293 spaces will be required and 300 will be provided. A mitigated negative declaration is recommended because of the removal of some redwood and cherry trees. Shrivastava reviewed Planning Commission Resolution 6162 that recommended a number of elements in the design of the Civic Center project. Those included: Approval of this project does not include approval of a book drop-off. The Planning Commission is concerned that a book drop-off will encourage unnecessary automobile trips through he parking lot, creating a hazardous situation for pedestrians and bicyclists. Additional trees should be planted as mitigation for the trees to be moved. Donations from persons or organizations could be an option to get additional planting on the site at a reduced cost. · Day lighting and passive solar techniques (including solar-driven shades and lighting controls) should not be compromised in the plan. Cost evaluation of the Civic Center project should consider the trade-off, between the upfront capital costs versus the savings in operating costs, of incorporation energy-saving/recyclable products and measures. · The City should seek grant funding for creek restoration and a trail along Regnart Creek. Patrick Kwok said he felt a drive-up book drop was necessary, and asked if staff could survey other libraries to see how they accomplished that goal. Richard Lowenthai agreed and said although it may be technically challenging, it is something that is needed. Public Works Director Ralph Quails said that staff would make a report on the drive-up book drop next month. Sandoval agreed with the Planning Commission recommendation about day lighting and passive solar techniques. She said it was very important to do a thorough cost evaluation and compare energy saving products and measures over the long term. Richard Lowenthal said that Cupertino's sister city of Toyokawa, Japan, wished to donate 120 trees in acknowledgement of the 25-year anniversary of the sister city relationship, and asked staff to make the necessary arrangements. Sandoval/James moved to grant a negative declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Sandoval/James moved to approve the use permit. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. October 21, 2002 Cupertino City Council Page 7 Sandoval asked if the minute order of the Planning Commission recommendations stays in the record and follows the paperwork process. Community Development Director Steve Piasecki said that it did. UNFINISHED BUSINESS NEW 14. 15. 16. 17. BUSINESS Consider a request for reinstatement to Public Safety Commission by Marc Majewski, pursuant to his written request. James/Kwok moved to deny the request for reinstatement, and suggest that Mr. Majewski reapply during the regular recruitment period in January. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Receive a report on commission terms expiring January 15, 2003 and select application deadline dates and interview dates. Council concurred to set the application deadline for January 17, 2003, with interviews to be held on Monday and Wednesday, Jan 27 and 29, beginning at 6:00 p.m. in Conference Room A. Select November 18 at 5:00 p.m. in Conference Room C for a joint study session with the Parks and Recreation Commission regarding the Stevens Creek Corridor Master Plan. Council concurred to hold the joint study session on Monday, November 18, at 4:30 p.m. Conduct the first reading of Ordinance No. 1904: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.68 of the Cupertino Municipal Code Regarding Definitions" - curfew hours. This item was continued to the next meeting in order to correct a typographical error in the draft ordinance. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None October 21, 2002 Cupertino City Council Page 8 ADJOURNMENT At 8:45 p.m. Council adjourned to November 4 at 5:00 p.m. in Conference Room C for a joint study session with the Planning Commission, meeting with representatives of the Chamber of Commerce and all other interested parties, regarding the proposed Downtown Village Specific Plan. 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 w~wv.cupertino.om. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.