Loading...
CC 12-02-02CUPE INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, December 2, 2002 PLEDGE OF ALLEGIANCE At 6:46 p.m. Mayor Chang 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 Michael Chang, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: Sandra James. 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, Assistant Planner Gary Chao, Public Information Officer Rick Kitson, Public Works Director Ralph Quails, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Receive Award of Appreciation from Michelle Hu for the City of Cupertino's support of the Lunar New Year Unity Parade. Michele Hu, co-chairperson of the Lunar New Year Unity Parade, thanked the city for its in-kind contribution of $10,000 and for demonstrating leadership in bringing together a broad cross-section of the community. She acknowledged the contributions of Richard Lowenthal, co-chairperson, and Mayor Michael Chang who also sits on the board. She said the parade will take place on March 8 from Jollyrnan Park to Memorial Park, and volunteers are welcome to participate in the planning. The website for the event is wxwv.unityparade.org. Mayor Michael Chang and City Manager David Knapp accepted the award on behalf of the City. 2. Receive annual report from the Teen Commission. Kenny Lin, Chairperson of the Cupertino Teen Commission, reported on the goals and projects for the year. He said their group participated in a ropes course teambuilding session, produced the first Skatefest with 40 participants, participated in the Rotary December 2, 2002 Cupertino City Council Page 2 Club's holiday food drive and Adopt-A-Family program, assisted with the Lunar New Year Unity Parade fundraising, and have begun planning the second annual job fair scheduled for March 29, 2003. They have also begun working with the Fine Arts Commission on a teen-friendly grants application and are participating in Teen Center planning. 3. Receive annual report from the Library Commission. Yuhfen Diana Wu, Chairperson of the Library Commission, reported on the accomplishments of the commission. She said the Library was No. 1 in the nation for the second year in a row in the categories of items checked out per capita and numbers of staff per citizen. She discussed the Q&A cafe online, which is a virtual reference center, and said the commission was working with city and library staff on the new library. They also had subcommittees working on library relocation and parking, and were continuing outreach efforts for seniors and for the summer reading program. Their sister library in Taiwan had sent pictures, which were displayed in Cupertino, and in exchange the commission had sent a gift of books. Wu said that Librarian Susan Fuller retired this year and over 200 people attended the farewell party. POSTPONEMENTS Item No. 20, considering the name of Lozano Lane for a private street, was continued to December 16, 2002. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Kimberly Ferm, representing Cupertino Day Services, said they had served the city and county for 22 years. She thanked the City Council for its support on behalf of the staff, seniors, and caregivers who had received respite. Dale Polleck, 11261 Catalina Court, thanked past Mayor Lowenthal for his attendance at the award ceremony for the American Youth Soccer Association (AYSO). He also spoke of the need to improve recycling and conserve power and said Cupertino is behind the times compared to other cities and even other countries. His hope is that the city's power supply can become grid- free, but the first steps are to educate the public and clarify information regarding rebates, new construction, etc. He offered his assistance in the area of recycling and energy conservation. Anna Black, a Cupertino resident, referred to a recent Mercury News article about the difficulties keeping the ponds clean. She said the problem is actually created by parents and children who ignore signs prohibiting feeding of ducks, and suggested a multilingual ordinance on the subject. December 2, 2002 Cupertino City Council Page 3 CONSENT CALENDAR Lowenthal/Kwok moved to approve the items on the Consent Calendar as recommended, with the exception of items 16 and 17 that were pulled for discussion. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. 4. Adopt a resolution accepting Accounts Payable for November 15, Resolution No. 02-209. 5. Adopt a resolution accepting Payroll for November 22, Resolution No. 02-210. o Accept improvements (grading, retaining wall, and driveway approach), Kit Man Cham and Sau-Lan Ng, 11206 Mount Crest Drive, APN 356-26-016 (No documentation). Adopt a resolution accepting grant of easement for roadway purposes from Philip W. Yen and Irene H. Kung, 21821 McClellan Road, APN 357-14-042, Resolution No. 02-211. Adopt a resolution authorizing execution of improvement agreement (curb, gutter and sidewalk), Jim Netzel and Zita S. Netzel, husband and wife as community property, 10070 Hillcrest Road, APN 326-16-019, Resolution No. 02-212. o Adopt a resolution accepting grant of easement for roadway purposes from Jim Netzel and Zita S. Netzel, husband and wife as community property, 10070 Hillcrest Road, APN 326-16-019, Resolution No. 02-213. 10. Adopt a resolution accepting quitclaim deed, Jim Netzel and Zita S. Netzel, husband and wife as community property, 10070 Hillcrest Road, APN 326-16-019, Resolution No. 02- 214. 11. Adopt a resolution authorizing execution of improvement agreement (curb, gutter, sidewalk, and driveway approach) Bin Xu and Chi Zhang, husband and wife as community property with right of survivorship, 10465 Byme Avenue, APN 357-12-038, Resolution No. 02-215. 12. Adopt a resolution accepting grant of easement for roadway purposes from Bin Xu and Chi Zhang, husband and wife as community property ~vith right of survivorship, 10465 Byrne Avenue, APN 357-12-038, Resolution No. 02-216. 13. Adopt a resolution accepting quitclaim deed, Bin Xu and Chi Zhang, husband and wife as community property with right of survivorship, 10465 Byme Avenue, APN 357-12-038, Resolution No. 02-217. 14. Adopt a resolution authorizing execution of improvement agreement (grading, excavation, curb and gutter, and driveway approach), Stevens Creek Apartments, a California limited parmership (Verona Apartments), Cupertino City Center, APN 369-01- 029, Resolution No. 02-218. December 2, 2002 Cupertino City Council Page 4 15. Adopt a resolution declaring intention to order vacation of public utility easements, fixing time and place for public hearing to be held on January 21, 2003, and providing for notice thereof, Cupertino City Center, Phase III, Tract No. 7953, Resolution No. 02-219. 18. Approve request from the Organization of Special Needs Families (OSF) for waiver of fees in the approximate amount of $240 for use of the Senior Center's reception hall on December 13, 2002 to hold their volunteer appreciation party. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 16. Adopt goals for the Stevens Creek Corridor Master Plan. Council asked that staff provide a written description of the process, to be reviewed at their McClellan Ranch Study session on December 16. Robert Levy, 10802 Wilkinson Drive, asked to receive a copy of the recommended goals as well as the process to be followed. Sandoval/Lowenthal moved to adopt the goals. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. 17. Review of bids and award of contract for Portal Park and Wilson Park Improvement, Project No. 2002-9119, to the low bidder, Bay Construction, in the amount of $596,106.64 for the base bid and Bid Alternate No. 1, the Restroom Building in Wilson Park, and approve a construction contingency of $39,000, for a total of $635,106.64. Patrick Kwok said that he had no problem with the bid results or the award, but told staff he was relying on them to insure that certified payroll copies were received and the contractor paid prevailing wages. Kwok/Lowenthal moved to award the contract to Bay Construction. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. PUBLIC HEARINGS 19. Consider the appeal of the Planning Commission approval of Application M-2002-06, regarding modification of a use permit (24-U-88) to locate a children's playground at the front of the property and extend the hours of operation for the YMCA of Santa Clara Valley at 20803 Alves Drive (APN 326-32-039). Janice S. Burdesci filed the appeal. Patrick Kwok reported that he serves as a volunteer on the board of directors for the Northwest YMCA. He has confirmed with the City Attorney that there is no legal impediment to his participation on this item. Richard Lowenthal reported that he serves on the board of directors for the County YMCA but also has no financial interest. December 2, 2002 Cupertino City Council Page 5 Assistant Planner Gary Chao said that the neighbors' concerns included aesthetics, noise, safety and traffic, as well as noise from the air conditioner and pool ventilation, and late- night and early-morning activities in the basketball court and parking lot. The Planning Commission approved five conditions shown on page 19-3 of the staff report to address these concerns. Staff recommends an additional condition regarding noise, shown on page 19-4. Appellant Janice Burriesci, 20900 Alves Drive, distributed a petition on behalf of the residents of Alves Drive asking that the playground not be put in the front of the property, that hours of operation be limited, and that a security fence be put around the front of the property. She said the YMCA is no longer just an after-school childcare facility, but now offers a gym, swimming, and day care. She talked about the problems with noise, and that the YMCA has been opening as early as 5:30 a.m. without a permit. Vehicle noise, car alarm activation, and cell phone conversations start in the parking lot earlier than that, and the noise continues as late as 9 or 10 p.m. She asked that the City Council recognize that the YMCA has broken the law, that they require a perimeter fence, and that the neighbors be given some relief from the traffic. She noted that there are also safety problems with on street parking because employees' vehicles block the view of children on the sidewalk and residents exiting their driveways. Ms. Burriesci also objected at having to pay a $140 fee to appeal this project. Kassandra Skordilis, 1186 Starling Ridge Court, San Jose, said she owned a small apartment building adjacent to the YMCA. She cited concerns about extending the hours, as well as on-going problems with pool ventilation noise. She read a letter from one of her tenants that said that earplugs were required to sleep at night, and they have difficulty hearing their television during the day. Nicholas Skordilis, 1186 Starling Ridge Court, San Jose, said the YMCA had been a good neighbor until the indoor swimming pool had been installed and the ventilation noise began. A number of the tenants have complained, and some have left the apartment building because of the noise. He also read a letter from one of the tenants. Mr. Skordilis asked that the YMCA be required to adhere to residential noise limits and times. Community Development Director Steve Piasecki noted that the city has been enforcing commercial noise generation limits, and changing to residential would affect all commercial uses throughout the city. Bart Hayes, 20790 Garden Gate Drive, said there have been ongoing problems for years with parking, noise and outdoor activities. Staff members jump the fence into his yard to retrieve lost balls, and he has had to call police sometimes because of people teasing his dog or throwing things over the fence. Adam Hayes, 20790 Garden Gate Drive, said the noise has been unbearable, and the pool ventilation noise is particularly stressful. Also, the staff does not seem to be in control of the children. December 2, 2002 Cupertino City Council Page 6 Leon Hayes, 20790 Garden Gate Drive, said the YMCA had been fairly quiet until recently, and then they extended their building and activities to the property lines. The noise is now bad, and the hours ridiculous. Ron Ohlfs, 10335 Dempster Avenue, said he had been a volunteer with the YMCA, said there is a need for outside activities for daycare. The YMCA has chosen not to put the play area in back, closer to the neighbors, and the playground will be supervised at all times. Cheryl Vargas, 20803 Alves Drive, Executive Director of the Northwest Branch of the YMCA, said she had met with the appellant, the Hayes family and the Skordilis family, and it is the objective of the YMCA to be a good neighbor. They have moved 200 children from this site to other school locations, which helped lessen traffic and outdoor activities, as well as closing the skateboard park and absorbing the $8,000 cost to bus children. She explained that the ventilation system heats and circulates air, and the doors must remain open until technicians have adjusted the timing. Right now the system runs at 70% capacity in the day, and 50% capacity at night. She said they could comply with residential decibel limits if necessary. However, it was important for them to continue opening at 5:30 a.m. to maintain consistent operations for their health and wellness program users who need to work out before their jobs. Kwok/Sandoval moved to deny the appeal and uphold the Planning Commission's decision; adopted all of the staff recommendations in Model Resolution No. M-2002-06 with the following amendments. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. 1). Outdoor activity hours shall be limited to the hours of 9 a.m.-8 p.m.; 2). The YMCA shall comply with residential noise standards; 3). The hours of operation will be Monday - Friday from 6:00 a.m. to 10:00 p.m. & Saturday and Sunday 7:00 a.m. to 8:00 p.m.; 4). The YMCA will attempt to be good neighbors by working with them as much as possible to address their concerns and continue to educate its staff and members to be sensitive to the neighborhood; 5). Additional shrubbery shall be planted along the existing wooden fence immediately adjacent to the existing residential uses west of the project site, a revised landscaping plan shall be submitted to the Planning Department for approval prior to issuance of building permits; 6). The use permit shall be issued for one year upon which time the YMCA will return to Council for review to see if they have complied with all of the conditions. Council also directed staff to consider the feasibility of bollards and/or make changes to the existing pork chop in the street. If the residents are interested in closing Alves Drive, they may petition the City Council. December 2, 2002 Cupertino City Council Page 7 20. Consider adopting the name Lozano Lane for the private street created by Tract 9405, Campo de Lozano, a subdivision located on the south side of Rodrigues Avenue, between Torre Avenue on the west and Blaney Avenue on the east. This item was continued to December 16. PLANNING APPLICATIONS 21. Approve Application U-2002-10, City of Cupertino; a use permit to construct "City Center Park" at the southeast comer of the intersection of De Anza and Stevens Creek Boulevards. This item is categorically exempt and is recommended for approval. Landscape architect Paul Lettieri, Guzzardo and Associates, reviewed slides and talked about the changes made to the City Center Park plans since it was last reviewed by City Council. More detail has been developed about the thematic gardens, pedestrian access, location of public sculpture and water features, and how the active and passive spaces can be used. Richard Lowenthal noted that Tom Latour, Chief Executive Officer of the Kimpton Group, has offered to cover the area with wireless Intemet and he asked staff to follow-up with him. He felt strongly that parking should be made available on site or in place of the bus duck-ont on Stevens Creek Boulevard. Public Works Director Ralph Quails and Paul Lettieri explained that it would have serious impacts on the site's functionality as a park. Robert Levy, 10802 Wilkinson Drive, said it would be good to have the bus stop so close to the park and the new retail businesses. He asked if the hard surfaces were pavers which would let the water run through them. Planner Aarti Shrivastava said that most of the surface was solid concrete but the Planning Commission recommendations would insure that run-off was handled appropriately. City Manager David Knapp passed along comments by Vice-Mayor Sandra James, who was not in attendance. She recommended that there be foliage on the trellis, that the site be laid out in such a way as to permit a tent which could seat up to 500 people at dinner, that there should be evening lighting to highlight the park features, and that there should be a space or a monument on which to recognize major donors to the school program. Chang said that some of the seating areas were too exposed and would be unusable in the summer, and he suggested creating more shade where possible or at least more foliage to create an impression of coolness. Sandoval/Lowenthal moved to approve the use permit with the addition of the following comments and suggestions from the Planning Commission. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. The sunken lawn should be level with the pavement because it might be a tripping hazard for the handicapped. December 2, 2002 Cupertino City Council Page 8 On-going park maintenance could be an issue due to abuse by skateboarders and roller-bladers. Public parking should be properly designated with clear signage for people attending events in the park. The lower banner arms should be located higher than 8 feet from the ground to prevent abuse by people attempting to hang from them. Programming of the park is very important to ensure optimal utilization. Reduction of impervious surface and other means should be considered to reduce impacts to the storm water system. Pedestrian safety at the intersection of Stevens Creek and DeAnza Boulevards should be considered. The curb radius at the southeast comer of Stevens Creek and De Anza Boulevards should be reduced to prevent high-speed right tums by automobiles, creating hazards for pedestrians. Location of cross walks across Stevens Creek and De Anza Boulevards should be reviewed to minimize pedestrian conflict with automobile turning movements. UNFINISHED BUSINESS - None NEW BUSINESS 22. Select date, time, and location to discuss McClellan Ranch Park Master Plan. Council concurred to meet Monday, December 16, at 4:00 p.m. in the McClellan Ranch Parking lot, for a tour followed by a meeting. ORDINANCES 23. Conduct the first reading of Ordinance No. 1906: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 (community noise control) of the Cupertino Municipal Code regarding hours of operation for home maintenance activities - use of power equipment and other related issues of clarification." (Continued from November 18). Nicholas Skordilis, 1186 Starling Ridge Court, San Jose, said this would allow higher commercial noise limits and would penalize residents. Kassandra Skordilis, 1186 Starling Ridge Court, San Jose, said she was a property owner on Beardon Avenue, and had been the victim of loud commercial noise, and it was an injustice to allow commercial standards next to residential uses. Janice Burriesci, 20900 Alves Drive, said other cities use the residential noise limits as the norm, but residents on Alves are impacted by noise from the business park and the car wash. Bart Hayes, 20790 Garden Gate Drive, said if this is passed then the YMCA or other businesses can make more noise. He asked that residential noise limits be enforced. December 2, 2002 Cupertino City Council Page 9 Richard Lowenthal, Dolly Sandoval, and Michael Chang wanted to remain with the city's past practice of enforcing noise limits, but to investigate other options, which would measure the noise at the receiving site. Community Development Director Steve Piasecki said that staff could evaluate a higher standard later in conjunction with the Noise Element of the General Plan update. Lowenthal/Kwok moved and seconded to approve the application. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. The City Clerk read the title of the ordinance. Lowenthal/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, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. STAFF REPORTS 24. Receive status report on General Fund Revenue and Expenditures. Council received the report. COUNCIL REPORTS 25. Council committee assignments This item was continued to the next meeting. ADJOURNMENT At 10:52 p.m. the meeting was adjourned to Monday, December 16, at 4:00 p.m. The Council will meet in the McClellan Ranch Parking lot, 22221 McClellan Ranch Road in Cupertino, for a tour followed by a meeting. Kimberly Smith, ~ty 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.cupertino.om. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.