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CC 08-03-98 MINUTES Cupertino City Council Regular Meeting Monday, August 3, 1998 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dea% Councilmembers Sandy Sames and John Statton. Council members absent: Don BurneR. Staff present: 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 Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS City Manager Don Brown introduced Sgt. Steve Angus, who will be working out of Cupertino City Hall His duties will include community outreach and supervising traffic enforcement. Sgt. Angus said he was loolting forward to being the liaison between the City, the Sheriff, and the community. POSTPONEMENTS - None. VsrRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Mr. E. J. Conens, 10480 Pineville Ave., presented a number of flyers for yard service, which he had collected from his property. He said he did not believe that most of the companies had business licenses. He said he had turned in similar flyers to the Finance Depar~m~ent for follow-up on two other occasions. Mr. Conens also complained of graffiti on an old gas station, and said that many streets and sidewalks are in need of repair. He also objected to the City's diversity-oriented activities on the Fourth of July, which he felt diluted the meaning of Independence Day. Public Works Director Bert Viskovich said the gas station was private property and that code enforcement is in the process of providing written notice to the property owner. The City Manager asked that Mr. Conens contact city staff with a list of streets and sidewalks that need repair. August 3, 19911 Cupertino City Council Page CONSENT CALENDAR Dean moved to approve the items on the Consent Calendar as presented, with the exception of item Nos. 13 and 15, which were pulled for discussion. Statton seconded and the motion carried 4-0, with Burnett absent. 1. Accounts payable - July 17, 1998, Resolution No. 98-194. 2. Accounts payable - July 24, 1998. Resolution No. 98-195. 3. Payroll - July 24, 1998. Resolution No. 98-196. 4. Monthly Treasurer's and Budget Report- June 1998. 5. Minutes of the special meeting of July 20, 1998. 6. Alcoholic Beverage Control licenses - Review of applications from: (a) Japanese Restaurant Kitsho, 19541 Richwood Dr. Co) Hilton Garden Inn, 10741 N. Wolfe Rd. 7. California Identification System (CAL-ID) - Authorization to execute tenth -- amendment (for FY 98/99) to agreement to provide local law enforcement agency access. 8. Improvement agreement - Authorizing execution with Joseph Kovalik, 10352 North Stelling Road, APN 326-31-091. Resolution No. 98-198. 9. Storm drain easement - Accepting grant of easement for overland storm drain purposes from Western Diocese of the Axmenian Church of North America, a California Corporation, 11370 South Stelling Road, APN 362-25-032. Resolution No. 98-199. 10. Storm drain easement - Accepting grant of easement for overland storm drain purposes from Joyce E. Lee, 1185 Crestline Drive, APN 362-25-004. Resolution No. 98-200. 11. Storm drain easement - Accepting grant of easement for overland storm drain purposes from Sheau Jiung Lee and Chao Ling Lee, 1183 Cresfline Drive, APN 362- 25-003. Resolution No. 98-201. 12. Underground water rights - Accepting quitclaim deed & authorization for underground water fights from Cary L. Queen, 22830 San Jt~__~n Road, APNs 342-21- 017, 030, 007. Resolution No. 98-202. 14. Acceptance of municipal impwvemems: Debcor Corporation (Aster//2), 1358 South Stelling Road, APN 366-17-098. August ~, lOOI} Cuper no City Council Page 16. Conflict of Interest - Rescind Resolution No. 98-033 and adopt revised conflict of interest code. Resolution No. 98-203. 17. Rancho Rinconada fee levy proceedings - Adopt procedures required by Proposition 218 for the levy of sto, m drainage service fees (applicable only upon annexation of identified parcels). Resolution No. 98-204. Vote Councilmembers Ayes: Chang, Dean, James, and Statton Noes: None. Absent: Burner Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. Use fees at Quinlan Center - Authorize co-sponsorship of United Neighborhood's meeting of October 10 and waive the fees. Parks and Recreation Director Steve Dowling explained that typically if an - organi?ation meets the written criteria for a fee waiver it is granted. United Neighborhood is a 501(C) 3 organization which meets all the criteria except being located within the city. They provide forums and educational information to neighborhoods to improve the quality of llfe. Since this is an annual conference which will benefit Cupertino residents, staff felt the waiver was appropriate. Statton moved to adopt staff's recommendation. Dean seconded and the motion carried 4-0, with Burnett absent. 15. Elections and campaign finance - modification to Chapter 2.05 of the Cupertino Municipal Code: a) Conduct first reading of Ordinance No. 1797: "An Ordinance of the City Council of the City of Cupertino Amending Portions of Chapter 2.05 of the Cupertino Municipal Code Related to City Council Elections and Campalgu Finance." The City Clerk highlighted the staff report and said this was a clean-up ordinance implementing changes that were discussed in May. She read the title of the ordinance. James moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with Bumett absent. August 3, ! 99~ Cuperdno City Council Page PUBLIC I~&RINGS 18. Weed abatement - Providing for lien assessments and collection of liens resulting from the abatement of public nuisances. Resolution No. 98-205. The City Clerk reviewed the staff report. Mayor Chang opened the public hearing. Mr. H.K. Krishnapryan, 21251 13ardena Drive, said he was a fairly new owner of this property and had not received notification of the weed abatement process. He does not have the forwarding address for the previous owner which incurred the $127 debt. The City Attorney said that this lien would probably go on the unsecured roll so it would still be levied against the previous owner. He suggested that Mr. Krishnapryan contact the tax collectors office for clarification. The hearing was closed, and James moved to adopt Resolution No. 98-205. Statton seconded. The motion carried 4-0 with Burnett absent. 19. Temporary signs - 25-EA-98, City of Cupertino ~ Modification to Chapter 17.32 of the Cupertino Municipal Code. Negative Declaration recommended and item is recommended for approval. a) Conduct first reading of Ordinance No. 1796: "An Ordinance of the City of Cupertino, Amending Chapter 17.32 of the Cupertino Municipal Code for the Purpose of Confomdng the Provisions of the Code to the Requirements of State and Federal Law, Confomdng the Provisions of the Code to be Consistent with Present City Practices, Eliminating Reduna~nt and Obsolete Provisions, Clarifying Old Provisions with New Language, and Consolidating and Streamlining Various Provisions." Community Development Director Bob Cowan introduced the staff report. The City Attorney referred to his letter highlighting changes to the ordinance, including reducing the number of exemptions, allowing consent for off-site signs to be written or oral; requiring that special event flags and banners be removed within 5 days after the event; deleting a provision about a 60-day limitation prior to the event; and deletion' of a cash deposit to insure sign removal. These changes were made in response to recent court decisions. Mayor Chang opened the public hearing. Augns/2, Cup'no Ci/y Council Page Thc City Clerk read thc rifle of thc ordinance. Dcm moved and James seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carded 3-1 with Burnett absent and Statton voting no. PLANNING APPLICATIONS 20. Demolish building and con,tract retail and residential units - 12-U-97, 37-EA-97, Monica Sun, a use permit to demolish an existing ~ail building and construct a 3769 sq. ft. retail and 6208 sq. ft. residential, (4 units), mixed-use building, located 19028 Stevens Creek Blvd.; and an amendment to the Heart of the City Specific Plan related to development requirements. Community Development Director Bob Cowan reviewed the staff report and showed a diagram of the revised project. The revisions included 36" box evergreen trees in the rear yard, the removal of the gate separating residences from the parking lot, and an increase in the setback from residential parking. The privacy issues were addressed by the use of a high patio fence with lattice, windows with obscure glass, and awnings. The neighboring homeowner sent a letter saying they support the project. Dr. Ben Shyy, one of the property owners, introduced himself and his wife Monica Sun, and introduced his consultant Lee Wieder. Mr. Wieder discussed the challenges to developing this site. He distributed copies of a chart and highlighted the figures which illustrate the reduction in bulk and mass as the project has gone through a number of revisions. Ms. Rowena Lantz, 20724 Sunrise Dr., spoke in favor of this proposal. She said there are houses in her neighborhood which are two stories on a quarter acre which have created privacy problems. This project is a good example of how it can be done to fit into any neighborhood. Ms. Azi Pillow, 10010 Bret Ave., said that she lives directly across the street. There have been problems in the past with vandalism and drug use on the site. People avoid using the existing parking lot and instead block her driveway. This project is the best thing that could happen to that part of town and will greatly improve the situation. James said she was pleased with the response of the pwject development team to Council's concerns and the needs of the community. This project will definitely upgrade the neighborhood. August 2, 199g Cupertino City Council Page 6 Dean said he was concerned about the cumulative traffic impacts that would be created by ail the current or planned development. These developments include: 311 apartments in San Jose (3 1/2 stories); 650,000 square feet to be developed by Tandem; 300,000 sq, are feet of additional office space for Hew!ett Packard; 550 new town homes on both sides of Wolfe, plus a new hotel and 7 houses; 145,000 square feet at DeAnza and Stevens Creek Boulevard for Symantec, and possibly another hotel at that corner; across the street there will be a new office building of 34,000 square feet; and Vallco will be adding new stores. Dean also objected to the trend toward three story buildings. He said for these reasons he cannot accept the three-story proposal, and the problems with the cumulative density. Statton said he did not feel this project would be a large incremental change to this section of the community, and the developer worked diligently to make the requested modifications. He asked if the developer would commit that there would be no nighttime activities such as restaurants or night clubs. Mr. Shyy agreed with that condition, and said that business activity would only occur during regular business hours. Chang said the process has proven to be successful in spite of the challenges of this particular site. It is important that the neighbors feel good about this project, and the renovation will be good for the city. He also felt that the three-story building was appropriate along Stevens Creek Blvd., and the developer made significant reductions at the request of Council and the Planning Commission. He hoped that future projects such as this can be streamlined so the entire process doesn't take so long, but the result was a much better project. Statton moved to approve the project according to the model resolution shown on Page 20-5 of the backup materials, with the following conditions: (1) There shall be no business activity allowed between the hours of 9 p.m. and 7 a.m. without a conditional use permit; and (2) There shall be no security gates. James seconded and the motion carried 3-1 with Burner absent and Dean voting no. UNFINISHED BUSINESS 21. Public access television channels - Recommendation from Telecommunications Commission regarding additional access channels. The Public Information Officer reviewed the report and said the commission recommends giving one of the two extra access channels to De Anza College for their use as an educational access channel. The packet included a draft letter from the City Manager outlining the conditions under which the channel would be _ transferred to the college, and it allows the City some flexibility in recovering the channel if it is needed, subject to a 9-month notification period. In addition, a review will be conducted in two years. August 3, 190g Cuper~o ~ty ~ouncll Page James moved to approve the recommendation l~om the Telecommunications Commission to allow De Anza College use of a second educational access channel, under the terms outlined in the draft letter from the City Manager. Station seconded and the motion carried 4-0 with Burner absent. NEW BUSINESS 22. Library Needs/Civic Center expansion - Report on library needs study and request for authorization to retain Adamson & Associates to conduct a cost alternative analysis of the options for the Civic Center expansion. Public Works Director Bert Viskovich reviewed the staff report and explained that they have reached the end of the first phase, which was to acquire infommtion regarding the need for floor space, and whether a new building or a remodeled building would be best. The next phase is to determine the costs of these alternatives and to assess the community needs. The proposal is to hire a cost estimator, and the services of an architect to lay out the building program which will be the basis of the cost estimate. Viskovich reviewed the library location options selected by Council, which included a new library in the open space, a new library in the pla?h; or a new library on the site of the old one. Another item to be considered is the rent potential of the existing building. Dean felt that the project needs full community buy-in, and Council has the option to put this decision to the voters. Statton felt it was too soon in the project for renderings to be developed because people tend to commit to a plan which is only conceptual. He asked to have more information about what will be entailed in the community input process and public survey and how much those would cost. He also asked whether the current consultant would continue to be involved with the project. Discussion followed regarding alternatives that might be eliminated to reduce the cost of the project. James said this would be a huge project and she was adamant that the plans for the library be included as a part of an overall library/civic center project. She noted that the staff report (page 22-4) does not include the plaza area as a potential location and the document should be amended to include that in the future. She felt the plaza was an important site because the sports field should be saved. Viskovich explained that this second phase of the project would collect necessary infoiiaation for Council to be able to scale down the project in the most cost- effective way. The estimatext budget of $22 million will be lowered depending upon the type of building selected and the programs and amenities selected. The Council August 3, 19~)1~ Cupertino City Council Page is not committed to spending any of that money, but it is important that the scope of the project includes everything in the cost estimate so they can make an informed decision. Chang said it was important to have information about the cost of the project and the different options, including financing alternatives. He suggested that the scope of this project be refined to insure there will be usable data at the end and to detemdne the level of public support for the various options. Mr. E. J. Conens, 10480 Pineville Ave., asked if the City would pay the bill for all of this, and why go to this expense for ail the surveys if they weren't going to spend the total amount necessary. He said that the open field used for soccer could be used for the new library because it gets little use other than soccer on the weekends and people walking their dogs. Statton said he was not sure of the value of the architect's work at this point in the process and how it will impact a second architectural process which would happen in another year. Viskovich explained that the cost estimator needs a basic plan to work from, then there is a final costing out before the project goes out to bid. The expenditure for an architect today will allow the Council to make some determinations, set budgets, and when the final architect is retained, the architect can be forced to work within that budget. It would not be wasting any money, but doing it in a different order and providing a more detailed scope of work. James said this is such a large commitment on the part of the city it is important to get public input, but in order to do that they must have something to show the public first, which will cost money. She asked for more time to review the materiais and talk to the people in the field. She also felt that ail the Council members should be able to vote on this decision and Council member Bumett was absent at this meeting. Dean said that the public input he has receded was to increase the capacity of the library by adding more hours. As this project expands there will be many different opinions and Council needs to hear ail of those. Chang said it was important to get an accurate estimate and get a better sense of what the end product will be for this $40,000 cost. ShaRon said that there is aiso a timing issue. Already the completion date has moved out to 2001-2002. It is incumbent upon Council do what they can to collapse the process down while still maintaining quality. Also, he was not entirely comfortable with the $95,000 cost for this phase. Discussion followed regarding the possibility of using the Cupertino Scene or another method of survey to poll the conununity about the library expansion. City Manager Brown said it would be important to have both a dollar figure and a description of what that would buy before polling the public. August 3, Cupertino City Council Page Council concurred to continue this item to September 8. StatT was directed to provide more details about the scope of the project and the cost of the entire process, including the public input process. Until then, individuals council members will contact staff with requests for further information. 23. Abandoned shopping carts - Discussion regarding abandoned shopping carts and review of state law (requested by Council member Dean). The City Manager distributed a survey done July 28-Aug 1 showing the number of abandoned carts at various locations. He explained that the markets use a cart collection service, and one of the options would be to contact the individual market or its collection service on an as-needed basis. Dean showed a slide of a number of carts left at a bus stop and said that he had received a couple of phone calls from grocery associations expressing their willingness to work with the stores to resolve the situation. Council concurred to direct staff to contact the markets directly about collecting the carts which were removed from their property. OR1)INANCES - None STAFF REPORTS 24. Affordable housing projects - Review of Santa Clam County Board of Supervisors' plans to submit an initiative to the voters under Article 34 of the California Constitution (infox umtion only). Vera Oil, Planner II, reviewed the staff report. Council concurred to receive the report and acknowledge the letter of support to be signed by the City Manager (shown as Exhibit C in the backup materials). 25. Single-family zoning ordinance amendmem - Selection of a date for a joint meeting of the Planning Commission and City Council. Council concurred to select Aug. 31, 6:00 p.m. - 8:00 p.m. in Conference Room C/D as the time and place for the joint meeting. Council concurred to select the Option 2 hearing schedule shown in the backup materials, which includes an Environmental Review Committee meeting on August 12, and a Planning Commission public hearing on Aug. 31 following the joint session. COUNCIL REPORTS James said there was a meeting of the Senior Center Design Committee and they are making good progress. There have been a couple of meetings regarding the teen task force in which she is still involved. She said she was very impressed with the new Executive Director of Leadership Cupertino, Darryl Stowe, who is already lining up the program for next year. Chang said he has looking forward to the trip to Japan next week, when a delegation from the city would visit Toyokawa to celebrate the 20th anniversary of the Sister City Program. CLOSED SESSION At 9:25 p.m. Council recessed to a closed session regarding significant exposure to litigation - Oovernment Code Section 54956.9(b)(1) - Clean up of landfill site, Stevens Canyon Road and Ricardo Road (McDonald Dorsa). At 10:03 p.m., Council reconvened in the Council Chambers. The City Attorney announced that staff had been authorized to: (1) Authorize execution of an agreement with the consulting fLrm of CDM to oversee the remediation work and closure of the site; (2) Authorize disposal at the Kettleman Hills Facility landfill; and (3) Contract for excavation and transportation. ADJOURNMENT At 10:08 p.m. the meeting was adjourned to Aug. 31 to hold a joint meeting of the Planning Commission and City Council. The purpose will be to discuss an accelerated hearing schedule for amendment of the Single Family Residential (R~I) ordinance regarding privacy intrusion. Kimberly ~mith City Clerk