CC 06-01-98 MINUTES
Cupertino City Council
Regular Meeting
Monday, June 1, 1998
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300
Torte Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean,
Councjlmembers Don Burnett, Sandy James, and John Statton. 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; Parks and Recreation Director Steve Dowling; Public Information Officer
Donna Krey; and Environmental Programs Manager Lavenia Millar.
CEREMONIAL MATTERS - PRESENTATIONS
Mayor Chang presented a proclamation to Joanne Laird, Assistant Principal of Monta Vista
High School, recognizing her award from the state and McDonald National Association of
.Secondary Principals as the Vice Principal of the Year for California.
POSTPONEMENTS
James moved to continue item Nos. 16 and 18 to June 15. Dean seconded and the motion
carried 5-0. Item No. 16 was continued to allow the applicant to meet with neighbors to
resolve concerns about signage at Sun Mierosystems. Item 18 was continued to allow staff
to explore additional user fees discussed at the budget workshop.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Mr. Robert Johnson, 836 Shetland Pl., Sunnyvale, reviewed his letter of June 1 which was
distributed at the meeting, and said he was the owner of the property that abuts Parkview Lot
No. 10. He explained that Sandhill Properties is apparently not in compliance with
Cupertino's rear yard setback requirements and he asked that Council (1) prohibit any
extension, addition, or modification to the house (such as a patio cover or storage shed) that
-- would reduce the existing setback; (2) Require the contractor to erect, on the Sandhill
property, a solid fence at least eight feet high; and (3) Require that contractor to plant dense,
shielding, evergreen shrubbery 10 feet high to maintain a privacy and noise shield between
the offend'rog property and Mr. Johnson's.
June I, 1998 City of Cupertino Page
Community Dcvelopmem Director Bob Cowan said he had reviewed this matter with Mr.
Johnson. His first suggestion is easy to accomplish because any extension would require
Planning Commission approval. An g-foot fence could be accomplished by either the
neighbor or the new property owner. Planting of shrubbery would be voluntary at this point
because the project has been approved and the city does not have the power to require
additional landscaping, but it can certainly suggest that. He said that he would work with
Mr. Johnson and the developer on this matter.
Ms. Anna Sixth, 1556 Halford, claimed she had evidence of police brutality against her, and
that legal counsel and the police ~ suppressed evidence regarding an accident in which she
was the victim. She said the City of Cupertino must be held accountable for the malicious
police reports and she wants $1 million in damages. Ms. Sixth said there is dangerous
pedestrian lighting where vehicles and people across at the same time, and it must be
corrected and proven by witnesses. She asked that Council require the reckless driver to
appear, and said she expects restorative justice fi'om the City.
Ms. Laurie Tehaney, 2200 Cmhxer Ave., Campbell, said she was the home health aide who
Had cared for Ms. Sixth for 12 days afar the accident in September 1994. Ms. Sixth was
bedridden and almost died. Ms. Tehaney said she wanted justice done.
Chang said that the City has responded to Ms. Sixth's concerns and a number of Council
members have met with her on this issue. Burner said it is his observation that the lights do
not allow pedestrians and leR-tuming cars in the intersection at the same time. Chang asked
that a message be given to the Public Works Director to respond to BurneR's comment.
CONSENT CALENDAR
James moved to adopt the items on the consent calendar as presented, with the exception of
No. 14 which was pulled for further discussion. Burner seconded and the motion carried 5-
0.
1. Resolution No. 98-127: Accounts Payable, May 15, 1998.
2. Resolution No. 98-128: Accounts Payable, May 22, 1998.
3. Resolution No. 98-129: Payroll, May 15, 1998.
4. Minutes of regular adjourued meetings of May 15 and May 18.
5. Monthly Treasurer' s and Budgct Report - April 1998.
6. Request from Cupertino High School PTA for a waiver of the facility use fees at
~ Quinlan Community Center.
7. Acceptance of city projects performed under contract: State Route 85 Exit Ramp,
Right Turn Lane (O'Grady Paving, Inc.).
June 1,199g City of Cup ino Page 3
8. Resolution No. 98-130: Authorizing execution of improvement agreement between
the City and Fazlollah K. Beheshti and Sessica Beheshti, APN 342-17-094, 10707
Santa Lucia Road.
9. Resolution No. 98-131: Accepting Quitclaim Deed & Authorization for Underground
Water Rights from Fazlollah K. Beheshfi and Jessica Beheshfi, APN 342-17-094,
10707 Santa Lucia Road.
10. Resolution No. 98-132: Authorizing execution of improvement agreement between
the City and Optimum Investments LLC, 21870 Lomita Avenue, APN 357-15-004.
11. Resolution No. 98-133: Accepting Quitclaim Deed & Authorization for Underground
· Water Rights from Optimum Investments LLC, 21870 Lomita Avenue, APN 357-15-
004.
12. Resolution No. 98-134: Accepting G-rant of Easement for roadway purposes from
Optimum Investments LLC, 21870 Lomita Avenue, APN 357-15-004.
13. Resolution No. 98-135: Authorizing execution of improvement agreement between
the City and Krishna Kidambi and Jyothirmayi Kiclambi, 21844 Hermosa Avenue,
APN 357-18-053.
15. Resolution No. 98-137: Approve Cb_ange Order No. 2, Blue Pheasant Restaurant Rest
Rooms, Project 98-102 (PICC, Inc.).
Vote Councilmembers
Ayes: Burnett, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM CONSENT CALENDAR
14. Resolution No..98-136: Declaring weeds and brush growing on certain described
properties to be a public nuisance. '
Dean asked said there were a number of weeds growing on Foothill Boulevard and at
the corners of side streets of Alpine and Salem. He asked why there were not on the
list with this resolution. Cowan said the list is of properties to be abated because of
fire safety issues. Because the weed problem Dean mentioned is at aparhnents, staff
does have the leverage to make sure they are maintained consistent with the plan
..- under which they were approved.
Burnett moved to adopt Resolution No. 98-136. James seconded and the motion
carried 5-0.
June 1, 1998 City of Cupertino Page
PUBLIC HEARINGS
16. Consideration of appeal of the Planning Commission's decision regarding Application
5-EXC-98, AMCOE Sign Co. (Sun Javasoft Towers) -~ Request for a sign exception
to exceed the allowed size of a wall sign at 20400/20450 Stevens Creek Boulevard in
accordance with Chapter 17 of the Cupertino Municipal Code. (Council member
Wally Dean, appellant)
James moved to continue this item to June 15, 1998, at the request of Cupertino City
Center Associates D to allow time for Sun Microsystems to meet with concerned
neighbors. Dean seconded and the motion carried 5-0.
17. Consideration of appeal of the Planning Commission's decision regarding Application
4-ASA-98, Evershine VI, LP - Request for approval to modify an approved
landscaping and parking plan at an existing shopping center at 19744 Stevens Creek
Boulevard. (Council member Don Burnett, appellant).
Coramunity Development Director Bob Cowan reviewed the staff report and
explained that Bumett had appealed this item because of concerns about the removal
of significant trees and about the types of trees selected for replacement. As a result
the applicant had reworked the plans and agreed to place Chinese pistacbe trees in the
end caps, and to keep the Chinese Elm trees in front of the Boulangerie.
Burner said his goal was good visual access, and the selected trees didn't seem to
meet that. He had met with a representative of the owner, and the new planting
scheme meets a lot of his concerns but he still felt strongly that the elm by the
driveway on Portal should be preserved. Also, he was concerned that the 6 strawberry
trees on the perimeter could block visual access. He suggested the types of
replacement trees be reviewed by the city's arborist.
Mr. Paul Reed, landscape architect for this project, said that the Long's store has had
to root out the drains every month. Removing all three elm trees would solve that
problem and create more parking spaces. The applicant was willing to add trees back
in as requested by Councilmember Burnett, although they prefer to remove the last
elm to improve the drainage problem. He explained that the strawberry trees are a tall
hybrid that branches about 7 feet above grade. They were also willing to work with
the City arborist on these plans but asked that the final decision be made at stafflevel.
Mr. Run Bierman, 19781 Bixby Dr., said he lives behind the soundwall at the Long's
loading dock. Mr. Bierman said he was not notified of this hearing at the Planning
Commission level. The shopping center has done a good job of maintaining the
landscaping, with the exception of the gateway to the condos off Portal Ave. He
suggested that it be improved, and the shopping center do a better job of maintaining
the landscaping in the rear of the center. Mr. Bierman presented Council with two
Polaroid photographs of the landscaped areas. He also asked the city to enforce the
noise ordinance regarding leafolowers, since they are starting well before 8:00 a.m.
Sune I, ! 991 City of Cu~rt/no Pa~e 5
Mr. Biem~an said that the parkint lot is never full and additional spaces are not
needed, and he has heard the m/fin problem w/th th/s center has been the rents. He
noted that the center has changed its name three times, which makes it more difficult
to find. Chan§ a~ked Mr. Bierman to provide the Community Development Director
with a specific list of maintenance issues and staff will work with the shopping center
to correct those.
Mr. George Monk, 19985 Price Ave., said he felt this was one of the better landscaped
projects in the city, and although he wished no trees were removed he would accept
the changes arranged by CounciLman Burnett. He said that he reads the public hearing
announcements in the Cupertino Courier and missed this item because the description
was vague. He asked that hearing notices include a location, address, cross streets,
and common name. Chang agreed it was important that the hearing notices contain
sufficient information for the public to identify the property under discussion.
James liked the higher and broader canopy trees and did not think more parking was
necessary. James, Statton and Chang wanted to keep the elms. Dean said he was
concerned with the empty buildings at this shopping center.
Bumett moved to grant the appeal pursuant to Planning Commission Res. 4911 with
the following modifications. Cowan said staff would be sure the new plans reflect the
changes.
· Retain the two Chinese elms in front of Le Boulanger and one Chinese elm on the
south side of the west entrance on Portal Ave.; this may result in the loss of one
parking space
· Selection of strawberry trees will be subject to the approval of the city arborist and
staff
· The applicant shall arrange to replace one olive tree on the shopping center side of
the gateway.
James seconded and the motion carded $-0.
18. Public hearing regarding user fees. (a) Resolution No. 98-138: Rescinding
Resolution No. 9860 and establishing user fees.
James moved to continue this item to June 15 at the request of staff. Dean seconded
and the motion carried 5-0.
19. Public hearing to consider the 1998-99 preliminary budget.
Administrative Services Director Carol Atwood reviewed the staff report. She
highlighted the revenues, expenditures, goals, and new pwgrams.
. une I, 1998 City of Cupertino Page 6
She said the budget is very conservative, and estimates a revenue and expenditure
growth of 3%. Property tax growth next year is esfunated at 15%; Utility tax from
PG&E will drop by 10%; Sties tax figures reflect an increase because of additional
sales from the opening of Macy's at Vallco; Transient Occupancy Tax (hotel tax) has
been increased for the opening of the Hilton Garden Inn in September; and a 5%
increase is expected in the parks and recreation programs.
Total city revenue for all funds is $45.1 million, 19% of that from sales tax, and 7%
from property tax. General fund revenues are projected at $24 million, and 35% of
that is from sales tax. Property tax for general fund purposes is 14% of the budget.
Total city expenditures for all funds is $54 million, and the bulk of that is for public
works expenditures for street improvements, law enforcement, debt service, and
capital projects, as well as the new projects including senior center and analysis for a
library expansion. General fund expenditures are projected at $30 million.
Atwood illustrated the five-year trends regarding revenue and expenditure sources and
major capital projects. The largest modification was in capital projects, including
funding for options for library expansion/rebuild, and conducting an analysis
regarding the widening of Stevens Canyon Road. She discussed the general fund
reserve and said the policy is to maintain the reserve at 75% of annual operating
expenditures plus debt service, with a goal of 100%.
She reviewed the list of new programs shown in the backup materials, including
increased funding for a second school resource officer; a community outreach officer;
one year of operating expenses for the Cupertino Historical Society Museum; night
and weekend code enforcement in city parks; additional funding for Free Shakespeare
in the Park, and funding for the Countywide Green Business Program.
Chang opened the public hearing.
Ms. Kathy Nellis thanked Council for their commitment and support for the Cupertino
Historical Society which will be funded for another year.
Burner reported on the success of the Cupertino Bike Rally which happened last
Saturday, and the routes through the city featured parks and historical buildings.
Atwood explained that if the proposal by the legislature to take away vehicle license
fees from cities is adopted, it will affect general fund revenue by about $1.9 million,
which would be a substantial hit, and the five-year forecast would have to be revised.
The public hearing was closed. The second and final public hearing will be held on
June 15.
June t, ! 99g City of CupeaJno Page 7
20. Applications 4-Z-98 and 10-EA-98 - City of Cupertino - amendments to the
Cupertino Municipal Code, Chapter 2.32, 16.28, 17.44, 19.132 and 19.134 to enable
the creation of a design review subcommittee of the Planning Commission and
change public noticing requirements for fence exceptions, sign exceptions, and
Community Development Director's administrative appFxcations referred to the
Planning Commission. Environmental determination: Negative Declaration
recommended. Recommended for approval:
(a) First reading of Ordinance No. 1787: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 2.32 of the Cupertino Municipal
Code to Enable the Creation of a Planning Commission Subcommittee for
Design review."
Co) First reading of Ordinance No. 1788: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal
Code to Change Public Noticing Requirements for Fence Exceptions."
(c) First reading of Ordinance No. 1789: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 17.44 of the Cupertino Municipal
Code to Change Public Noticing Requirements for Sign Exceptions."
(d) First reading of Ordinance No. 1790: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 19.132 of the Cupertino Municipal
Code to Change Public Noticing Requirements for Administrative Approval
of Minor Changes in Projects."
(e) First reading of Ordinance No. 1791: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 19.134 of the Cupertino Municipal
Code to Change Public Noticing Requirements for the Architectural and Site
Review Process."
(f) Resolution No. 98-126: Approving Rules of Procedure for a Design Review
Subcommittee of the Planning Commission.
Community Development Director Bob Cowan reviewed the staff report and said that
the purpose is to create greater efficiency and effectiveness at the Planning
Commission level. The subcommittee would consist of two members who would
initially review minor applications and then forward those to the full commission.
This proposal also creates the concept of an architectural advisor
James said she had a bias against term limits because it often means kicking out
people with valuable experience, so she would not be in favor of term limits for the
subcommittee members. Bumett agreed.
Chang opened the public hearing. No-one wished to speak on th/s matter and the
public hearing was closed.
City Attorney Chuck Kilian suggested that regarding the noticing changes, there may
be occasions when the Comm~mity Development Director may wish to expand the
June I, 1998 City of Cupertino Page
mailed notices for projects that may affect a wider area. He suggested that the
language be added before the next reading is held on these items.
James said she disagreed with the alternative recommendation that standard
applications go directly to the Planning Commission and not be reviewed by the
subcommittee.
Dean said in the past some of the visions expressed by Council are not shared, or the
Planning Commission doesn't understand that. There are new trends in development
in this community, and the challenge for this committee is to be a good messenger of
City Council opinion.
Cowan explained how the timeline will be adjusted to accomplish both the
subcommittee and Commission review in the same time frame. There will be more
clerical work involved, but the payoff will be at the end both a better project and
fewer iterations at the Planning Commission level.
Statton said he felt it would be beneficial for developers of major applications to get
some feedback early in the process.
Bumett said he was not in favor of anything that made the process more complicated
that it already is, but Cowan has made a compelling case that taking some of more
detailed reviews offiine can help improve the final outcome. He shared Dean's
concern that Council shares the final responsibility for whatever happens at all levels.
He felt it should be done on a thai basis.
James said she shared the concerns expressed by Dean and Bumett about Council's
responsibility, and also that the architectural advisor may not have as much input as
Council might wish. She asked where in the process will there be the changed
architectural guidelines which had been discussed in a joint meeting with Council and
Plarming Commission. Cowan said architectural standards will be implemented
separately from this process to be used at the staff level.
Discussion followed regarding how the review process would work, the membership
of the group, and the need for Council to participate in the selection of the members
and the architectural consultant.
James moved to direct staff to rewrite ordinances and bring back to council reflecting
the following items. Bumett seconded and the motion carried 5-0.
· The revised application processing time frame must remain consistent with
current time frames
· This subcommittee will be done on a trail basis for one year and then
_ reviewed by city council, including the time frame for projects
June I, 1998 City of Cupertino Page ~)
_ · The architectural advisor will be selected by an ad hoc committee composed
of members of the Planning Commission, City Council (Jmes and ShaRon),
and staff
· Members of the design review subcommittee will be nominated by the
Planing Commission and appointed by the City. Council. They will serve
one-year terms and be eligible for re-appoirFuaent
· Applicants with major projects can choose to go through the design review
subcommittee first on a voluntary basis
PLANNING APPLICATIONS- None
NEW BUSINESS
21. Acceptance of bid and award of contract for Slurry Seal, Project No. 98-104.
Environmental Programs Manager Lavenia Millar reviewed the staff report.
Dean moved to select the alternate bid and award the project to the lowest bidder,
Graham Contractors, in the amount of $136,003.88, and authorize a 10% contingency
for a total project of $149,606.60. Burner seconded and the motion carded 5-0.
ORDINANCES
22. Second reading and enactment of Ordinance No. 1785: "An Ordinance of the City
Council of the City of Cupertino Prezoning Approximately 317 Acres of Developed
Land Commonly Known as Rancho Rinconada and Loree Estates to Pre-R1 (Single-
Family Residential) With Minimum Lot Sizes Ranging from 5,000 sq. ff. to 10,000
sq. fl., and Prezoning of an Existing community Center to Pre-BQ (Qn_~i-
Public/Institutional) Zone."
The City Clerk read the title of the ordinance. Burnett moved and Dean 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.
Burnett moved and Dean seconded to enact Ordinance No. 1785. Motion carried
5-0.
STAFF REPORTS
City M_an_ager Don Brown reviewed the recommendations of the Legislative Review
Committee, as follows:
· Oppose AB 1614 (Lempert), California Interact Tax Freedom Act, becanse amendment
was not accepted.
· Support ACA 30 (Murray), protection of gas taxes, public transportation account funds
and local transportation funds.
June 1, 1998 City of Cupertlno Page
He said that he was also preparing a letter, on behalf of the West Valley Cities, in opposition
to the proposal to cut Vehicle License Fees (VLF), which could result in the loss of $1.8
million to the City of Cupertino. Legislators are promising to backfill funds but when the
economy slows then those funds would probably be lost. If that were to happen the five-
year budget forecast would have to be modified.
Dean moved to accept the recommendations of the Legislative Review Committee. Burner
seconded and the motion carded 5-0.
COUNCIL REPORTS
James reported that the Economic Development Team will be meeting with Sun
Microsystems; the Autodesk reception was an outstanding way for a new business to
introduce the company to the community leadership; Leadership Cupertino's new Executive
Director is Darryl Stowe, and Carol McNeal will go through the Leadership program and
begin development of a Teen Leadership program; she attended the Compaq barbecue at the
San Jose Chamber of Commerce; and she represented the City at the annual foundation
dinner for the Fremont Union High School District.
Burner said the flood control advisory committees had been active, and the Northwest
committee advised the board strongly not to take a bond measure to the November ballot,
they needed to clarify the program fa'st. The need for money in the Central zone is
approaching desperation and they are already in debt to another zone.
Chang announced the Leadership Cupertino graduation would be held in June. The Library
Expansion Committee met with the consultant and they reviewed a number of design
features of various libraries and arranged for more tours of libraries. Council members are
encouraged to participate in those tours. He reported on ribbon-cutting ceremonies which
had taken place in the community, and said that Autodesk seemed excited about the library
project and may be exploring some ways in which they could offer some architectural design
assistance using their computer software.
CLOSED SESSION
City Attorney Charles Kilian announced that the Council would hold a closed session
pursuant to the appropriate government code regarding potential litigation from Harold
Crdffith.
At 8:55 p.m. Council adjourned to closed session. They reconvened in open session at 9:23
and the City Attorney announced that Council had discussed strategies regarding tax
mandates but no action was taken.
June 1, 1998 City. of Cupertino Page 11
ADJOURNMENT
At 9:25 p.m. the meeting was adjourned to 9:00 a.m., June 11, in the City Council Chamber
for Leadership Cupertino graduation. Council will then meet at noon in the Quinlan
Community Center for lunch with the graduates.
City Clerk