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CC 01-21-97 CC-937 MINUTES Cupert'mo City Council Regular Adjourned Meeting Jan,,a~y 21, 1997 CALL TO ORDER IN CONFERENCE ROOM A At 5:37 p.m. Mayor Bautista called the meeting to order in Conference Room A of Cupertino City Hall, 10300 Torte Avenue. ROLL CALL City Council members present: Mayor John Bautism, Vice-Mayor Lanralee Sorensen, Councilmembers Don Burnett, Michael Chang, and Wally Dean. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Chuck Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Public Information Officer Donna Krey; Public Works Director Bert Viskovich; Information Technology Manager Steve Toler; and GIS Database Coordinator Tim Stone. WORK SESSION 1. Review of Technology 2000 Master Plan and web site implementation. Information Technology Manager Steve Toler reviewed the background and history of the city's technology plan. He discussed the status of the infxastrueture, Geographic Information System (GIS), the city's interact presence, and future technology goals. RECESS The meeting recessed at 6:40 and reconvened in Council Chambers at 6:46 p.m. PLEDGE OF ALLEGIANCE ROLL CALL City Council members present: 'Mayor John Bautism, Vice-Mayor Lauralee Sorensen, Councilmembers Don Bumett, Michael Chang, and Wally Dean. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles - Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. · Jammry 21, 1997 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS Mayor Bautista presented a proclamation reeogniziag School Nurse Day and School Health Week to four nurses representing the local schools. Ms. Katy Waugh thanked the City Council on their behalf. POSTPONgMENTS Item 11, Applications 15-U-96, 6=Z-96, 8-TM-96 and 22-EA=96 - Sandhill Properties (Tandem Computers, property owner), was continued to the February 3 meeting. Item 13, historic preservation ordinance, was continued to the Febnm_ry 111 meeting. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to adopt the Consent Calendar items as recommended by staff. Dean seconded and the motion carried 5-0. 1. Resolution No. 9768: Accounts Payable, December 27, 1996. 2. Resolution No. 9769: Accounts Payable, January 3, 1997. 3. Resolution No. 9770: Accounts Payable, January 10, 1997. 4. Resolution No. 9771: Payroll, December 27, 1996. 5. Minutes of the January 6 and January 7, 1997 regular adjourned meetings. 6. Resolution No. 9772: Authorizing submission of application for Transportation Development Act Article 3 Bicycle and Pedestrian Fund Program. 7. Resolution No. 9773: Authorizing execution of lease agreement with Pacific Bell Mobile Service for antenna site at 10555 Mary Avenue (Service Center). 8. Resolution No. 9774: Appointing Carol Atwood as City Treasurer and Lois Thornton as Deputy .Treasurer. January 21, 1997 Cupert'mo Ci~ Council Page 3 9. Resolution No. 9775: Authorizing execution of Full Release and Settlement Agreement between the City of Cupertino and C. G. Uhlenberg & Co. Vote Councilmembers Ayes: Bautista, Bumett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM TIlE CONSENT CALENDAR None. PUBLIC HEARINGS 10. Applications 4-GPA-96 and 23-EA-96, City of Cupertino ~ General Plan amendment to the land use and housing elements to redistribute residential potential among the planning districts and the undesignated classification. Environmental Detemfinafion: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from the meeting of January 6, 1997.) -- (a) Resolution No. 9750: Approving General Plan Amendment 4-GPA-96. Community Development Director Bob Cowan said this item was continued from the last meeting because it is linked to the Sandhill application and, to a certain extent, the Thompson application. Council approved the Thompson project contingent upon approval of this General Plan amendment. A letter was received today from Thompson's attorney requesting that Council deliberate upon the general plan change and conduct the second reading of Ordinance No. 1749. Cowan discussed the options associated with continuing or adopting the general plan amendment and the second reading, and how those options would impact the Thompson and Sandhill projects. Cowan said that if Council is more concerned with the design of the Sandhill project rather than the density, they could adopt the general plan amendment tonight. Bautista said the general plan amendment will allocate 60 units from the unallocated pool to these two parcels for a total of 560 units. He asked how that would affect other housing projects in the Vallco Park area, since there is language in the Vallco development agreement that would provide for up to 50 housing units to be built. Cowan said that construction of more housing units is a theoretical possibility, but that was tied to a section in the agreement about commemial mitigation over a two-year period which no longer applies. Mr. Will Thompson, representing the Thompson Residential Company, strongly urged Council's approval to redistribute up to 60 units to Vailco Park. There is no longer a reason to link the Thompson and Sandhill proposals and it will not increase the total ' Sanua~ 21, 1997 Oupe~no Gt~ Council Page 4 number of units allowed by the general plan. It will also not affect Council's subsequent review of the merits of the Sandhill project because all of the general plan issues associated with both projects have been addressed, including traffic, schools and parks. Mr. John Hailey, representing Tandem Computers, Inc., said that the Thompson project is ready to proceed and it is important financially that the process continue. He asked Council to adopt the general plan amendment, and said there are enough safeguards with regard to the subsequent approval of the Sandhill proposal since this will not guarantee a certain number of projects. Discussion followed regarding the Vallco development agreement and whether the general plan amendment should be continued until more data was available. Dean felt it was important that the Thompson project not be delayed as a result and the Council members concurred. Sorensen moved to take up the second reading of the ordinance for the Thompson item (No. 21 on the agenda). Bautista seconded and the motion carried 5-0. 21. Second reading and enactment of Ordinance No. 1749: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning a Parcel Located at 10750 Wolfe Road From Planned Industrial Zone P (MP) to Plauned Residential P (RES), (Application 5-Z-96).' (This item is linked to Item 10.) The City Clerk read the title of the ordinance. Sorensen moved and Bumett 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. Sorensen moved and Bumett seconded to enact Ordinance No. 1749. Motion carried 5-0. Sorensen moved to continue the general plan amendment to February 3 and directed staff to provide information on the potential impacts upon the Vallco development agreement. Bumett seconded and the motion carded 5-0. 11. Applications 15-U-96, 6-Z-96, 8-TM-96 and 22-EA-96 - Sandhill Properties (Tandem Computers, property owner) - Use permit to construct 213 apartment units, 8 single- family detached units and a 4-story hotel (maximum of 215 rooms) on ten acres located at 10741 N. Wolfe Road and 19590 Pruneridge Avenue; Rezoning ora 10-acre parcel from Planned (Commercial, Office, Recreation) zor~e to Planned (Residential/Commercial) zone; Tentative map to subdivide 10 acres into 13 lots to allow 8 single-family residences, 213 apartments on 2 lots, private driveways and a community center and park. Recommended for approval. Environmental determination: The Planning Commission recommends the granting of a negative declaration. (Continued from the meeting of January 6, 1997. This item was continued to February 3 at the request of the applicant. · Jammry 21, 1997 Cupertino City Council Page Later in the evening, Mr. Werner Oanz, a Sunnyvale resident, was pcm~ttcd to address Council on this item. He felt that the traffic study figure for additional traffic at Pruncridge and Wolfe was too low, and asked that Council request a more detailed traffic report. He also asked whether the planned expansion of the Hewlctt Packard site was included in the existing study. The Public Works Director said he would meet with Mr. Ganz to discuss thc traffic study and trip generation in more detail. 12. Public hearing to consider annual renewal of bingo petmits: (a) St. Joseph of Cupertino Church, 10110 North De Anza Boulevard; (b) International Order. of Odd Fellows, Cupertino Lodge #70, 20598 Homestead Road. Bautista opened the public hearing. No individuals wished to speak and the hearing was closed. Dean moved for approval. Sorensen seconded and the motion carried 5-0. 13. Public hearing to consider historic preservation ordinance. Environmental determination: Negative Declaration recommended. This item was continued to February 18 at the request of staff. PLANNING APPLICATIONS Community Development Director Bob Cowan reviewed all the Symantec Corporation Items (Nos. 14-17) at the same time. The Planning Commission has recommended a condition that requires a review of the security plan by the Sheriff's Department, to be approved by City staff. Sheriff's representatives agree that some security measures are in order for the garage parking area. Cowan also discussed the condition regarding public art at this site and recommended that the Fine Arts Commission and City Council not approve the specific art proposal on this private property. Cowan highlighted the changes made to the plan since it was last before Council, which included a sand volleyball court, a change to the design of the front plaza, and the relocation of 74 parking spaces. Dean felt that the liability factor associated with the corporation owning the building will be sufficient incentive for them to have internal security procedures for the garage, and it is not necessary for the City to.dictate .that. Sorensen asked how to insure the preservation of the large oak tree in the Great Western Bank driveway. Bautista was in favor of slightly relocating the volleyball court further east away from the street. Discussion followed regarding the access for fire apparatus and pedestrians. Janna~y ~1, 1007 Eupertlno E~ty Eounc'll Page 6 Mr. Gordon Ciochon, Vice President of World-Wide Opcmfions for Symantec, said they would appreciate Council's consideration of the issues discussed by the Community Development Director. Mr. Paul Latierre, the landscape architect, reviewed the changes in the landscaping, the locations for signing and artwork, and illustrated how moving the parking spaces has allowed for a campus-like landscaped area. He said the oak tree at Great Western Bank would not be affected by the construction on this property. He said the firelane through the site would be composed of sidewalk and turf block to create a 32-foot wide area to allow access and parking for emergency vehicles. The Community Development Director said that Planning Commission felt that the public art piece should not be any higher than half of the building. Mr. Latierre discussed the volleyball court which was located in the circular area south of the building. To move it farther east would mean it was no longer centered with the building, and would also intrude an activity into the passive space where people would be walking through. Council members discussed the Planning Commission recommendations about the art work and which party would be responsible for selecting it; security for the garage; parking space relocation; volleyball court location; and precautions to preserve the oak tree on the Great - Western property. The following actions were taken: 14. Application 21-ASA-96 - Symantec Corporation - (a) Request for approval of final landscaping and site plan for the proposed Symantec City Center 5 (CC5) Building located at South DeAnza Boulevard. Said plan will include site location for public art. (b) Request for approval of landscaping plan for western portion of existing Symantec site located at 10201 Torte Avenue. Environmental detcmdnation: Categorically exempt. Recommended for approval. Sorensen moved approval of the application per Planning Commission Resolution No. 4799 with the deletion of wording about public art, since the plan itself requires public art, and the addition of a condition that the applicant consult with an arbofist regarding preparation of a protection plan for the oak tree on the Great Western property. Bumett seconded and the motion carded 5-0. 15. Application 11-U-96 - Symantec CC5 Building - Minor amendment of use permit to permit approximately 2,0(10 sq. ft. of lobby space to be categorized as amenity space resulting in a total building area of 143,000 sq. ft. Located on South DeAnza Boulevard approximately 400 ft. from the intersection of Rodrigues. Environmental dete~afination: Categorically exempt. Recommended for approval. Sorensen moved to approve the application per Planning Commission Resolution No. 4798, with the second paragraph of condition 3 amended to advise that the applicant consult with the sheriff and city staff regarding security for the underground parking Ian--,y 21, 1007 (~upertJno (~{ty (~ounc{l Page '7 garage. The security measures would be advisory and not mandatory. Chang seconded and the motion carried 4-1 with Burner voting no. He voted against this application because he felt the building was too large for the best interests of the community. 16. Application 7-U-81 (Mod.) - Symantec (Lincoln Property) - Minor amendment of use permit to (a) Modif~ landscaping plan including pedestrian link to Symantec's proposed CC5 Building. Co) Modify parking plan to shift surface parking spaces to the below- grade parking structure for CC5. Located at 10201 Torte Avenue. Environmental detemiination: Categorically exempt. Recommended for approval. Sorensen moved to approve the application per Planning Commission Resolution No. 4796, with the second paragraph of condition 2 amended to advise that the applicant shall consult with the sheriff and city staff regarding security for the underground parking garage. The security measures would be advisory and not mandatory. Chang seconded and the motion carried 5-0. 17. Application 9-U-95 (Mod.) - City Center Associates - Minor amendment to shift 12 on- street parking spaces to the below grade parking garage for Symantec Building CC5. Environmental determination: Categorically exempt. Recommended for approval. Sorensen moved to approve the application per Planning Commission Resolution No. 4797. Dean seconded and the motion carried 5-0. UNFINISHED BUSINESS None. NEW BUSINESS 18. City Attorney opinion regarding campaign financing restrictions. (Continued from the meeting of January 6.) City Attorney Chuck Kilian reviewed his memorandum to Council and said that the city may adopt restrictions which are more stringent than state law. Proposition 208 was passed by the voters this year, which is a comprehensive approach to campaign financing. There have been two lawsuits filed contesting the validity of that proposition. However, there have been no court orders to stop the enforcement. The Fair Political Practices Commission continues to issue opinions, interpretations, and regulations on this topic. Kilian said the three options were to (1) rely upon the provisions of 208, which is the simplest and most cost-effective option; (2) adopt other regulations which are more strict; (3) under Prop. 208 the city may adopt voluntary expenditure limits which would increase the contribution limits for individual candidates. He said the packet included an .- FPPC summary of the new provisions of Prop. 208 compared to the old law. Kilian said that if council wished to adopt more stringent provisions it is very important that the ordinance be adopted at least six months prior to the election. Jan,] y 9_1, 1907 Cupertino City Council Page Dean reviewed some suggested restrictions which included: All fund-raising must be completed 14 days prior to election days; a different schedule for filing campaign report forms; campaigns cannot be mn at a deficit; ail loans must be settled 14 days prior to the election; fund-raising groups are limited to $100 donation limit; and there are no transfers of funds between campaigns, candidates, or commissioners. Dean said some of these provisions were modeled after those at Santa Clara County and some were more restrictive versions of Prop. 208 requirements. Discussion followed regarding which body would be in charge of enforcement, and whether an ethics commission should be formed. Kilian noted that if the restrictions were more stringent than set forth in Prop. 208 then the FPPC and the District Attorney would not provide enforcement. Council also discussed the option for potential expenditure limits as provided in Prop. 208. Dean said his goal in proposing these changes was to get the money issue out of the way before the election to be able to concentrate on the people. City Manager Don Brown noted that the County process did not always work smoothly. No provision had been made for staffing for the committee, and they made up the roles as they went along. It may be necessary for Cupertino to provide staffing for the committee and consider additional costs for the city clerk's office to follow up on the reporting mechanisms. Kilian said that although the County's procedures totaled 15 pages they were still not adequate when their hearings were held. Proposition 208 is self-executing to a large extent and the FPPC makes the detemllnation on that. Bumett said that Proposition 208 is brand-new and the result of a lot of work by many knowledgeable people. It meets a lot of the objections that people have, and the best thing to do is see how well Prop. 208 addresses the council members' perceived problems. He said it is already a complex and troublesome process to run for office, and putting another layer of complexity works for incumbents and against challengers. Prop. 208 is a good attempt to address the worst abuses of campaign f'mancing, and he did not want to add to the complexity. Chang said he was concerned about the issue of enforcement and using a lot of taxpayer money to accomplish that. The County process with its ethics commission has become another political arena. Prop. 208 has already been described as an earthquake in political campaign reform, and it is an important step in the right direction. It seems that the FPPC would be the most impartial enforcer. Chang said he would like to see how the Proposition 208 changes work out, and Council could consider more. stringent rules at a later time. Sorensen said she would like to try the suggestions made by Dean. One reason is that the cost of elections continue to climb but there is not as much contact with the citizenry. Instead there is increasing campaign literature. This may force the candidates to get out and discover what the electorate wants. Another problem is that the county has become jaded with the whole election process, and maybe these changes will be another · January 21,199'/ Cupertino City Council Page oppommity for the people to have their say. Sorensen agreed there will be a cost for this as well as discussions about an ethics conunission. However, Proposition 208 is going to have to go through the courts and the November election will occur before that. Dean said he was not satisfied with the Prop. 208 changes because candidates can still accept funds for 90 days after the election, so the voter never has a chance to find out the sources of funding before the election takes place. The purpose of these time limits and prohibiting deficit campaigns is to clean up the monetary side of the election. Bautista agreed with Dean's and Sorensen's comments. One of the benefits of city government is the ability to be different and tailor the roles to the specific community. This is a unique opportunity to try something. He agreed with the City Attorney that Council should act expediently so the November candidates have enough time to prepare. Bautista said it is not clear under Prop. 208 that there will necessarily be enfomement, or when it will occur. He said he would like to use Prop. 208 as a model and find ways in which City Council feels it should be tightened up. The City Attorney suggested that each council make their individual comments on a copy of the FPPC comparison chart and provide those to him and he will prepare a report. Council concurred that a public hearing should be held on the proposed ordinance, when it was ready. -- 19. Selection of application deadlines and interview dates for an unscheduled vacancy on the Parks and Recreation Commission. Council concurred to establish Febm_~ry 26 as the deadline for applications and March 3 at 6:00 p.m. as the time for interviews. 20. Adoption of city investment policy to comply with State law changes. (Recommended for approval by Audit Committee.) The Administrative Services Director reviewed the staff report and discussed the state law changes regarding reporting procedures and standardized criteria for investment policies. The investment reports will now show all city funds, including cash in the checking account and deferred compensation funds for employees. There is also a required statement about yields, maturities, and a statement as to whether there are enough liquid assets to cover the cash flow for the next six months. She explained that there is also new legislation which requires an annual resolution to appoint the treasurer and deputy.treasurer and .that.securities must be held by a third party for safe-keeping. Dean moved to adopt the city's investment polity and receive the report. Sorensen seconded and the motion carded 5-0. ORDINANCES Item No. 21 was discussed and the second reading was conducted as a part of Item No. 10. · ' January 21, 1997 Cupertino City Cound l Page STAFF REPORTS 22. Shopping cart regulation. (Continued from the Javnary 6 meeting.) The City Manager discussed legislation which has been enacted to require certain notification procedures if a city has a local ordinance regulating shopping carts. Council concurred not to adopt a local ordinance. Staffwill either contact the cart owners and ask them to collect the cart, or staff may return the cart directly to the store. Carts which pose a public hazard may be immediately impounded. 23. Status of the site at the northeast comer of De ArTs and Stevens Creek Boulevards. The Administrative Services Director reported that the Economic Development Committee planned to report back to City Council with some recommended alternative uses. During the interim another application has been received for the entire comer, which assumes the acquisition of the comer pwperty, and those projects will be considered in late Febp~ary or March. Any economic issues that arise in the mean time will continue to be referred to the Economic Development Committee. Council concurred to receive the report. ADJOURNMENT At 8:50 p.m. the meeting was adjourned to 8:45 a.m., January 25, Blackberry Farm Retreat Center, 21975 San Femando Avenue, for a study session with the Public Dialogue Consortium. A joint work session with the Planning Commission regarding the General Plan has also been scheduled for 5:30 p.m., Jam~ary 27. City Clerk