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CC 02-05-96· '- CC-916 MINUTES Cupertino City Council Regular Meeting February 5, 1996 PLEDGE OF ALLEGIANCE Mayor Burner led the Pledge of Allegiance and called the meeting to order in the City Council Chambers, 10300 Torre Avenue, Cupertino, at 6:45 p.m. ROLL CALL Council members present: John Bautism, Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don BurneR. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Info~mafion Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bumett presented a proclamation declaring February 1996 "Autism Awareness Month" to representatives from the Pacific Autism Center for Education (PACE). Sandy Reicher, Jerry Matranga, and Dennis Whitaker received the proclamation and thanked the Council and the community for all of their support. Mayor Burnett presented city employee Joe Antonucci with a plaque from the Monterey Chapter of the International Congress of Building Officials. Mr. Antonucci had been selected as the "Building Official of the Year." The City Manager congratulated Mr. Antonueei and said he had led the city's involvement into permit streamlining, and was now leading the county-wide code consistency program. Mr. Antonucci thanked the city officials for supporting him in these efforts. POSTPONEMENTS None. ORAL COMMUNICATIONS None. February 5, 1996 Cupertino City Council Page 2 --" CONSENT CALENDAR Sorensen moved to approve the consent agenda items as presented. Bautista seconded and the motion carried 5-0. 1. Resolution No. 9553: Accounts Payable, January 12, 1996. 2. Resolution No. 9554: Accounts Payable, January 19, 1996. 3. Resolution No. 9555: Payroll, January 12, 1996. 4. Resolution No. 9556: Payroll, Sanuar~ 26, 1996. 5. Application for Alcoholic Beverage Control License from Flint Center, 21250 Stevens Creek Boulevard. 6. Approval of minutes of the January 10 and January 16 regular adjourned meetings. 7. Resolution No. 9557: Setting hearing to consider annexation designated "Almaden Avenue 95-06." ._ 8. Request from Rotary Interact Clubs for waiver of use fee at the Quinlan Community Center for their semi-anmm! training and informational meeting for the District's 60 club presidents. 9. Request from Optimist Clubs of Cupertino and DeAnza/Cupertino for waiver of use fee at the Quinlan Community Center for their annual oratorical contest for young high school students. 10. Request from Homestead High School Athletic Booster Club for waiver of use fee at the Quinlan Community Center for fund raiser. 11. Resolution No. 9558: Approving change order No. 24 for Cupertino Nine School Site Improvements Project 93-9106. 12. Resolution No. 9560: Accounts Payable, January 26, 1996. PUBLIC HEARINGS 13. Public hearing to consider thc adoption of a fee to recover costs associated with the preparation of the Stevens Creek Boulevard Specific Plan. Environmental Determination: Categorically exempt. Recommended for approval. (a) Resolution 9559: Approving the adoption of the fee. February 5, 1996 Cupertino City Council Page 3 - The Community Development Director reviewed the staff report, and said this fee would be applied only to preparation costs of the plan, not for its adoption or administration. The City Manager said that he had met with the Chamber of Commerce president and executive director. One of staff's recommendations was that the money be used to promote business and marketing efforts along Stevens Creek Boulevard. The Chamber of Commerce is neutral on this matter. Bautista asked if this would be a big effort for a fairly small return. The Administrative Services Director said that the accounting would be very simple and would not be an extra burden on staff. Sorensen said she would be Voting no because she felt there was already too much government. Mayor Bumett opened the public hearing. No speakers wished to be heard and the public hearing was closed. Dean moved to approve Resolution No. 9559 with the condition that the specific plan fees will be used to underwrite future projects which support economic development activities within the Stevens Creek Boulevard planning area. Bantista seconded and the motion carried 4-1 with Sorensen voting no. PLANNING APPLICATIONS 14. Application Nos. 6-TM-94, 10-U-89, 8-U-94 (Mod.), 6-TM-95 and 18-EA-95 - Citation Homes Central - Request to delete conditions regarding common area including the following City Council Action Letters: Condition No. 1 of Application No. 6-TM-94 dated October 5, 1994; Condition No. 15 of Application No. 10-U-89 dated August 17, 1989; Condition No. 1 of Application No. 8-U-94 (Mod.) dated October 5, 1994; Condition No. 1 of City Council Action Letter dated September 7, 1995; Condition No. 9 of 8-U-94 (Mod.) dated October 20, 1995; and Condition No. 3 of 6-TM-95 dated October 16, 1995. Recommended for denial. Environmental Determination: The Planning Commission reeomraends the granting of a negative declaration. Mr. Jim Sullivan, Citation Homes, said this concept has the backing of the Portofino HOA president and of the residents of Northpoint. The prior suggestion did not allow Corsica homeowners any amenities but this action would remedy that with slightly higher HOA fees. There would still be picnic and barbecue areas, but instead of a sand volleyball area there will be a tot lot and seating. He said they are eager to temdnate litigation with the Portofino HOA as soon as possible. Mr. Sullivan explained there would be a break-away gate between the homes and apartments. They feel the projects should remain' separated with no cross-over by pedestrians. Mr. Mort Schorr, member of the Northpoint HOA, said they were very pleased that agreement was reached by both parties and they were happy that the density was lowered for the Citation development. The HOA was still concerned about traffic safety and the impact of increased traffic on the residents. He said that the General Plan indicates there is a deficit of public parkland in their neighborhood, and he asked the council to develop additional facilities for children. Ms. Sharon Kohlmannslegner, member of the Portofino HOA, said they supported staff's recommendation and Citation's idea to change the fenceline. She understood the ' Feb~_~ary 5, 1996 Cupertino City Council Page 4 recreation area would be for their use only, and there would be no effect on the fees for Portofino homeowners. Dean said that when the conditions were originally applied the project was much different. It has been downsized, and he now supported the staff recommendation. Bautista said there had been many improvements and he recognized that considerable effort had gone into solving the problems, but he still felt there was not enough open space. Sorensen agreed with Dean and said that although it was not a perfect project at least there were now a play space for children and a barbecue area. Chang said he would accept the project since there is now some recreation area for all three developments. He said he would be willing to vote for pedestrian access between Corsica and the apartments. Bumett said he was pleased that so much progress was made. He said this area was originally conceived as a neighborhood, and he wanted people to have the ability to walk back and forth between the different developments. He said he would only vote aye if there were pedestrian access to give it a pedestrian=friendly, human scale. Sorensen moved to grant a negative declaration. Dean seconded and the motion carried Sorensen moved to delete and modify condition 15 and other conditions listed in the summary section of the staff report contingent upon city approval of a minor amendment of the ten~tive map 6-TM-95 and 8-U-94(IVI) to effect design changes reflected in Exhibit A, B, and C to the staff report. Dean seconded. Chang moved to amend the motion to add a pedestrian gate between the Corsica development and the apartments. Bumett seconded the amendment, and the motion for the pedestrian gate carried 3-2 with Dean and Sorensen voting no. A vote was taken on the original motion, which can~ed 4-1 with Bautista voting no: Condition 15 of 10-U-89, Condition 1 of 6-TM-94, Condition 1 of 8-U-94(M), Condition 1 amending Condition 15 of 10-U-89, Condition 3 of 6-TM-95, and Condition 9 of 8-U-94(M) are hereby modified to delete the requirement that property owners represented by the Portofino Homeowners Association, the Corsica Homeowners Association, Citation Homes and the existing and future owners of the 140 unit apartment project approved by 8-U-94(M) are required to provide reciprocal access to commonly held recreation space on respective - properties. This action is contingent upon a transfer by deed of an approximate 3,000 square foot lot on the apartment parcel to the Corsica Homeowners Association for the purpose of providing recreation activities. Exhibit C labeled February 5, I/)96 Cupertino City Council Page .... Corsica Aparhnents" dated 1/30/96 generally describes the lot in question. The action is contingent upon subsequent city approval of the precise site plan/map modification to effect the above approval. A pedestrian gate shall be installed. NEW BUSINESS 15. Confi~,.ing dates for filing applications and interviews of applicants for vacancies on Telecommunications Commission. Council concurred that the filing deadline shall be Friday, February 16, and that interviews will be held on Monday, March 4, at 6:15 p.m. 16. Review and adoption of the Creekside Park preliminary master plan. The Parks and Recreation Director reviewed the staff report. Mr. Jay Beals, the landscape architect, reviewed the park design including plans for soccer fields, a jogging path, and both paved and overflow parking areas. He said they also propose to add a practice baseball area with a 20'-30' backstop There is the possibility that some foul balls will go into the parking area or onto the church property. Pamela Brule reviewed plans for the building, which include an enclosed meeting room which can be made to open onto a covered patio area. There are three unisex restrooms, one of which can be seen from the children's play area. The Parks and Recreation Director said that Wilson Park is designed primarily for baseball and this park will focus on soccer, although they are adding a baseball practice area. This was agreed to by the Parks and Recreation Commission. Mr. Beals said that no specific plans have been made for properties along Phil Lane. The City would like to obtain all of them, but it is not known when they will go on the market. At this point the only intention is to keep it an open area, such as turf, parking, or a play area, so that the view is not restricted. Mr. Raymond Hass said he was a nearby homeowner and vice president of the TH-Cities Little League. He suggested acquiring additional property from the church to allow a 90- foot baseball field. There is a need for this for players in the 15-16 age range. The Public Works Director said that the city had already contacted the church but they were not interested in selling or swapping property, which was suggested earlier in the process. Ms. Wendy A~mstrong, a member of the Master Plan committee, said she represented residents near Alderbrook. They were very pleased with the parking design and hope it will reduce the parking problems on their street. They also appreciate the picnic space near their neighborhood. She said the neighbors were also grateful for the new sidewalk leading to Sedgewick School, which will improve access to this park as well. The Parks and Recreation Director said that the final master plan will come back to the council in March. . February 5, 1996 Cupert/no City Council Page Sorensen moved to adopt the Creekside Park preliminary master plan. Bautista seconded and the motion carried 5-0. February 5, 1996 Cupertino City Council Page 7 ORDINANCES 17. Second reading and enactment of Ordinance. No. 1713: "An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 By Rezoning Approximately 18 Acres From P (RES 20-35) to P (RES 10-20) - Application No. 7-Z- 95." The City Clerk read the title of the ordinance. Sorensen moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carded 5-0. Sorensen moved and Bantista seconded to enact Ordinance No. 1713. Motion carded 5-0. 18. Second reading and enactment of Ordinance No. 1714: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.74 of the Cupertino Municipal Code Relating to the Cupertino Telecommunications Commission." The City Clerk read the title of the ordinance. Sorensen moved and Bautista seconded to read the ordivance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Sorensen moved and Bautista seconded to enact Ordinance No. 1714. Motion carried 19. Second reading and enactment of Ordinance No. 1715: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 14.18 of the Cupertino Municipal Code Regarding Tree Removal Procedure and Chapter 19.48 of the Cupertino Municipal Code Regarding Procedure for Modification of a Definitive Development Plan in a Planned Development Zone." The City Clerk read the title of the ordinance. Chang moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Chang moved and Bautista seconded to enact Ordinance No. 1715. Motion carried 5-0. COUNCIL REPORTS City Manager Don Brown reviewed the recommendations of the Legislative Review Committee. Sorensen moved and Dean seconded to oppose AB 2084 (Richter), transportation funding shift to counties. The motion carried unanimously. He also reported that the federal telecommunications bill had passed, and it retai~ the local government right to collect fees. He said that he would write a letter to the legislators, including Senator Diane Feinstein, who made sure that the cities financial interests were protected. February 5, 1996 Cupertino City Council Page Bautista reported that he and Sorensen had met with the City Manager, thc Director of Administrative Services and thc Director of Community Development regarding the economic development focus meeting scheduled for Feb. 22, 8:00-noon. Dan Iacofano will be the facilitator. Thc community at large, including residents, business and the City, will be discussing what can be done to enhance the City's economic well-being. Sorensen said the Fourth of July committee has set March 4 as the date when they have to have a certaiu amount of money. They are optimistic that they will reach their goal. Committee assignments have been made. She said it is exciting to see a grass-roots effort. Sorensen said that at the last CDBG meeting it was reported that they are assuming they will receive a certain amount of money for emergency purposes. However, they won't know until March, given what is happening in Washington, DC. Chang said at the Santa Clara County Library JPA meeting they discussed the current library building policy. The building standard is now 0.5 feet per capita based on population. There was discussion that perhaps the allocation should not be based just on population but that circulation and other factors should be considered. This was sent back to the management committee for review and there might be a new formula coming out. The Cherry Blossom Committee also met and are in the process of looking for vendors for the Cherry Blossom Festival. Chang said it will include the same kind of activities as last year and is scheduled for the second weekend in April. Sorensen said the plan for the Fourth of July includes the Optimists' pancake breakfast until 11:00 a.m., a children's parade from 11:00 a.m. to noon, sale of items by the various service organizations from $:00 p.m. until approximately 9:00 p.m., with the fireworks beginning at 9:30 p.m. Burnett said that at the meeting of the Board of the Transportation Authority they had discussed the policing on light rail and buses. It had been done by a private contractor prior to 1990, then the Sheriff's office took over. The advantage of having the private contractor is that there is more police presence on board the vehicles. He said the controversy was resolved and agreement was reached between the director of the Transportation Authority and the Sheriff. Over the next two years they will phase in coverage by private contractors. There will be a security person on every light rail vehicle and most of the buses, particularly in the evening hours and in more congested areas. Sheriff deputies will be assigned for backup. Burnett said he thought people would feel more secure and perhaps this would remove one more barrier from people using public transportation. CLOSED SESSION At 8:27 p.m. Council recessed to a closed session in Conference Room A to discuss -- negotiations for purchase, sale, exchange, or release of real property -Government Code Section 54956.8 - Municipal water utility to San Jose Water Works. At 8:58 February 5, 1996 Cupert/no City Council Page -- p.m. Council reconvened. The City Attorney announced that Council had taken no action, but directed staffto proceed along the lines discussed in closed session. ADJOURNMENT At 9:00 p.m. the meeting was adjourned. The next meeting is scheduled for Tuesday, February 20, at 6:45 p.m. City Clerk