Loading...
CC 05-18-98 MINUTES Cupertino City Council, Regular Adjourned Meeting Monday, May 18, 1998 ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean, Councihnembers Don Burnett, Sandy James, and John Statton. Council members absent: None. Staff present: City Clerk Kimbedy Smith INTERVIEWS Mayor Chang called the meeting to order at 6:05 p.m. in Conference Room A of City Hall. Councilmembers interviewed Ms. Mary Tan for the position of bush}ess representative on the Cupertino Housing Committee. Council voted 4 tol, with James voting no, to appoint Ms. Tan to the committee. James was opposed because she felt Ms. Tan's philosophy of affordable housing was not in keeping with the philosophy of the Cupertino City Council that below-market-rate housing should be disbursed throughout the community. Chang suggested that Tan meet with Mary Ellen Cheil of Cupertino Community Services to obtain -' more background on the affordable housing program history and philosophy. RECESS At 6:30 p.m. the meeting recessed. At 6:45 p.m. Council reconvened in the Council Chambers to conduct their regular business. PLEDGE OF ALLEGIANCE At 6:45 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, Vice-Mayor Wally Dean, Councilmembers Don Bumett, Sandy James, and John Statton. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Community Development Director Bob Cowan; Associate Planner Colin Jung; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. May 11~, 100~ ~ity o£Cupertlno Page CEREMONIAL MATTERS - PRESENTATIONS Mayor Chang presented a proclamation in honor of National Police Week to Capt. Bob Wilson of the Santa Clara County Sheriffs Office. POSTPONEMENTS Item No. 18 and 19 were continued to June 15, 1998. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Mr. Al DeRidder, 19146 Ann Lane, said that he was a bicycle rider and he complained about the condition of streets after street cuts and pavement replacement work was done. He explained that the asphalt in the bike lane becomes very rough and can be a hazard. He asked that contractors be requested to do a better job of repair in these areas. Chang asked that Mr. DeRidder inform the Public Works Director of specific problem areas so they can be corrected. Ms. Anna Polman-Black, 21118 Gardena Drive, complained that a stack of flyers available in the library were written in Chinese only. She objected to the exclusion of English on such documents. Chang said that whenever possible, Council encourages the use of English as well, but there are laws which protect the freedom of expression. CONSENT CALENDAR Dean moved to adopt the items on the Consent Calendar as presented. Burner seconded and the motion carried 5-0. 1. Resolution No. 98-112: Accounts Payable, May 1, 1998. 2. Resolution No. 98-113: Accounts Payable, May 8, 1998. 3. Resolution No. 98-114: Payroll, May 1, 1998. 4. Minutes of regular adjourned meeting of May 4. 5. Resolution No. 98-115: Making dete,,~dnations and approving the reorganization of territory designated "Alcazar Avenue 98-04", approximately 0.2088 acre located on the south side of Alcazar Avenue between Byme Avenue and Orange Avenue; Chen (APN 357-14-035). 6. Resolution No. 98-116: Designating agents for obtaining financial assistance for E1 Nifio flooding, which occurred in February 1998. May 1 ~, 1 ~}~}~ City of Cuper~no Page 7. Request from Cupertino Community Services, Inc. for a fee waiver of the facility use fees at Blackberry Farm. 8. Request from Optimist Clubs of Cupertino for a fee waiver of the facility use fees at Quinlan Community Center. 9. Resolution No. 98-117: Authorizing execution of program supplement No. 001-M to Administering Agency State Master Agreement No. 04-5318. 10. Resolution No. 98-118: Approving contract change order No. 4, Blackberry Farm Pool House Remodel, Project 97-109. 11. Resolution No. 98-119: Acceptance of City projects perfomled under contract: (a) Blackberry Farm Pool House Remodel, Project 97-109. (b) Monta Vista Fire Station, 22620 Stevens Creek Blvd., APN 342-14-120. 12. Resolution No. 98-120: Approving contract change order No. 1, Blue Pheasant Restroom Renovation, Project 98-102. 13. Resolution No. 98-121: Approving contract change order No. 3, Reconstruction of -- Curbs, Gutters & Sidewalks, Project 97-106. Vote Councilmembers Ayes: Burnett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR- None. PUBLIC HEARINGS 14. Applications 5-Z-98 and 1-GPA-98 - City of Cupertino - Pre-zoning of approximately 317 acres of developed land from Santa Clara County (an area 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. ft., and pre-zoning of an existing community center to pre-BY (quasi-public/institutional) zone; General Plan Amendment to the land use map and general plan text, Policy No. 2-42 to allow the expansion of the city's Urban Service Area/Sphere of Influence to include 3.64 acres of residentially developed land situated between Saratoga Creek, Bollinger Road, and Lawrence Expressway. Recommended for approval. Environmental determination: Negative Declaration recommended. (a) Resolution No. 98-122: Approving General Plan Amendment 1-GPA-98. May 1 ~, ! OOIl City ofl2uperdno Page 4 Co) First reading 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. ft. to 10,000 sq. ft., and Prezoning of an Existing community Center to Pre-BQ (Quasi-Public/Institutional) Zone." Community Development Director Bob Cowan reviewed the staff report. Mr. Marc Auerbach, 18860 Barnhart, said he represented the Rancho Pocket Annexation Committee and encouraged Council's support for this pre-annexation. He said that their own survey showed that 55 percent of the residents are in favor of annexation and 15 percent or fewer are opposed. The remaining residents who had no opinion closely matches the approximate number of renters in the area. Mr. Al DeRidder, 19146 Ann Lane, said he was pleased to see the progress on development standards to bring them in better confoi~iiance with city standards. Mr. DeRidder said he still believed that the residents should be allowed to vote on the question of whether their property would be annexed to the city. - Burner moved to grant a Negative Declaration. James seconded and the motion carried 5-10. Burner moved to Approve Application 1-GPA-98 per Planning Commission Resolution No. 4919. Statton seconded and the motion carded 5-0. James moved to adopt Resolution No. 98-122. Bumett seconded, and the motion carried 5-0. Bumett moved to grant a Negative Declaration. Dean seconded and the motion carded 5-0. Burnett moved to approve Application 5-Z-98 per Planning Commission Resolution No. 4916. Dean seconded, and the motion carried 5-0. The City Clerk read the title of the ordinance. Bumett moved and Statton seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. May 11~, 100~ City o£Cuper~o Pa~e 5 15. Consider requesting the Santa Clara County Local Agency Formation Commission (LAFCO) to take action regarding reorganization of 10116 Stern Avenue, and minor amendments to the Urban Service Area and Sphere of Influence. (a) Resolution No. 98-123: Request for Reorganization of 10116 Stem Avenue which involves a detachment from the City of San Jose and an annexation to the Fire Department of Santa Clara County. (b) Resolution No. 98-124: Request for Minor Amendment to Urban Service Area and Sphere of Influence. Community Development Director Bob Cowan reviewed the staff report. Ms. Catherine Thaler, 10116 SteTM Avenue, said that she lived on the property in question, which was a county pocket. She said there had been many times she had difficulty in getting garbage service, etc. She explained that 911 calls are connected to the nearest city which offers emergency service, so when she calls for emergency service from her house, the fire truck comes from a San Jose fire station instead of from a Cupertino station which is only blocks away. She asked that council approve the reorganization of this property. Burnett moved to adopt Resolution No. 98-123. Dean seconded and the motion carded 5-0. Bumett moved to adopt Resolution No. 98-124. Statton seconded and the motion carried 5-0. 16. Consideration of appeal of Planning Commission decision regarding Application 3- ASA-98, SEM Architects, for the Shane Company - Request for approval to remodel and re-landscape an existing building at 21255 Stevens Creek Boulevard in the Oaks Shopping Center, including minor exterior modifications. (Council members Sandra James and Don Bumett-appellants). Community Development Director Bob Cowan reviewed the staff report and showed the placement of additional windows and change in the size of the glass blocks, which were suggested as a solution to the appeal of this item. James said she had appealed this item because it is on a major intersection which is very visible, and she felt it was important to maintain the architectural style of this area. She had met with sheriffs representatives, city staff, and the project architect about the architecture and the security measures, and the applicant has responded to -. many of her concerns. Using larger glass blocks separated with wood is definitely a better match for the early-California style of the area. May l~,/99~ (~i/y o~e(~uper~no Page Burner said that he would like better definition of the new plantings planned for the east side of the building. Mr. Timothy Stead, the architect for the project, showed where additional shrubs and trees would be planted. He explained that the glass blocks, viewed from a distance, will look like standard divided windows. He said that the applicant would agree to add additional windows as proposed by the Planning Commission and as illustrated on the plan under discussion tonight. Statton said that he was concerned about setting a precedent, and asked why the security features of this store are different from other jewelry stores. Steve said that the Shane Company has fine tuned this approach over many years of working with police departments. Cowan explained that Capt. Bob Wilson had been concerned about the location of this particular building, since it is located near a major freeway intersection. Most mail shops have their own the internal security, but this is a freestanding building. Burner said that his concerns had been addressed. James moved to deny the appeal, and approve the project per the modified plan in the - staff report, which includes three additional windows and additional landscaping. The staff recommendation was to modify the Planning Commission's recommendation by adding the following: A. Replace 7'x8" glass block with 12"x12' glass block with wood framing (refer to Exhibit B). B. Add an additional window on the east elevation (Mary Avenue Frontage), in addition to the new window required by the Planning Commission for a total of two windows on the east elevation; C. Add an additionai window on the south elevation (Stevens Creek Boulevard). D. Require an arborist report to define a plan to protect the oak trees which may be affected by the new auto passenger drop-off area near the entrance. 17. Consideration of appeai of Planning Commission decision regarding Application 4- U-98, Daryn Lau - Request for a use permit to extend business hours to 2:00 a.m. at an existing restaurant location at 20950 Stevens Creek Boulevard (formerly the Al Castello restaurant). (Council member Don BurneR-appellant) Burner said he appealed this item because the city has consistently tried to protect residents from late night noise. He said he felt comfortable with a closing time of 1 l:00 p.m. The Community Development Director showed a chart illustrating other - businesses aiong Stevens Creek Blvd. which showed how late they stayed open for food service. The other restaurants that stay open until midnight are separated from the neighborhood by a significant sound wail. However, a sound wail on this site is May I g, City of Cupertlno Page 7 not deemed wise since the pattern of land use indicates that it may change to become a larger retail or commercial use. He suggested that a note be added to the signs in the rear parking lot explaining that code enforcement should be called if there were noise problems. Ms. Jenny Lau said she was the buyer for this location. If the planning recommendation is followed, then six of the parking spaces in the back of the lot would be restricted after 10:00 p.m. and would not leave her sufficient parking spaces for this restaurant. She explained that they want the restaurant to stay open to meet the niche market for Asian businessmen. Dean pointed out that this building used to be a restaurant which was open until 11 p.m. If the new restaurant is allowed to stay open one hour later, why is it necessary to add additional parking restrictions if they were not already a condition at this site. Burnett said he felt no compelling reason to impose this level of noise on the neighbors. Even pharmacies have not been allowed to stay open late, and in some cases they could provide emergency medication. Statwn suggested that if the business is allowed to stay open until 2:00 a.m., perhaps the item could be brought back to the council in six months to review any potential -- complaints. James said she agreed with Dean's point about the existing business, which had no parking restrictions. She was willing to allow a closing time of 12 midnight. City Manager Don Bwwn said that an automatic review may be unfair to the applicants. He suggested that Council allow the existing complaint process to handle any issues that arise, knowing there is a very good enforcement process. Chang said that he was willing to try the regular business hours of 7 a.m. to 11 p.m. City Attorney Charles Kilian said that normally there is a hearing before any amendment or revocation, and Council typically gives several chances to the property owner. Dean and moved to allow this business to have operating hours of 7 a.m. to midnight on Monday through Saturday, and 7 a.m. to 11 p.m. on Sunday. There would be no restrictions on parking spaces. James seconded and the motion carded 4-1,with Burner voting no. May l ~, ! 00~ City of Cupertino Page 18. Resolution No. 98-125: Ordering Vacation of a Portion of St. Joseph Avenue as provided in Section 8320 et seq. of the Streets and Highways Code of the State of California, Fixing Time and Place for public hearing and Providing for Notice Thereof. Staff requests continuance to June 15, 1998. Council concurred to continue this item to June 15, 1998. PLANNING APPLICATIONS 19. Application 15-EA-98 City of Cupertino, Amendment to Heart of the City Specific Plan to provide for an exception process. Environmental Determination: Negative Declaration Recommended. Recommended for Approval. (a) First reading of Ordinance No. 1786: "An Ordinance of the City Council of the City of Cupertino Amending the Heart of the City Specific Plan to Provide for an Exception Process for Design Standards." Council concurred to continue this item to June 15, 1998. 20. Applications 15-U-97, 40-EA-97 Robert, Steven, Ronald & Marvin Jakob; Use -- Permit to construct an 11,137 sq. ft., 10 unit apathl~ent building and demolish an existing single family residence at 19160 Stevens Creek Boulevard, including amendments to the Heart of the City plan. Environmental Declaration: Negative Declaration recommended. Recommended for Approval. The Community Development Director showed a new proposal for the parking lot layout, which would move parking back 20 feet from the street. Mr. Bob Hightower, project architect, said they tried to be as cooperative as possible. Mr. Al DeRidder, Ann Lane, said that he lived one block behind this development. He was glad to see the 20-foot setback for parking, and asked if the developer had considered secured parking for residents, although that would limit guest access to parking spaces. Dean said that he very much liked the architecture of the project, but he took exception to the parking next to Stevens Creek Blvd. He would also prefer a density of eight units, and wondered if there were sufficient guest parking spaces. He said this will be a premium location and the city shouldn't try to squeeze in setbacks, gates, a parking lot, etc. .- Cowan said that this development meets the standards for parking spaces. He suggested that staff have input on the placement and style of lighting fixtures to arrange for cutoff features to prevent light spillover in the residential area. May 1~, 100~ City o£(]upertlno Page Burnett moved to grant a negative declaration. James seconded, and the motion carded 5-4, with Dean voting no. James moved to approve the application per Planning Commission Resolution No. 4915, as modified with 20-ft. setbacks and extensive landscaping, and staff shall have input regarding the design and lighting. These conditions will supercede Condition No. 7 regarding the relocation of the trash enclosure. Bumett seconded and the motion carried 4-1, with Dean voting no. UNFINISHED BUSINESS - None NEW BUSINESS 21. Annual report on TCI rate adjustment. Public Information Officer Donna Krey reviewed the staff report and said that TCI is proposing a basic rate for Cupertino's two systems that is a few cents below the FCC allowable rote for basic cable. Cupertino system customers will pay $13.29 per month for basic cable, and TCI San Jose customers will pay $13.31. Most customers receive basic and expanded basic service, and can expect an average total increase of about 5.5 percent on their bills. She explained that when the rebuild is complete, - there will be another new rate, and $13.42 will be the allowable basic cable rate at that time. Krey noted that every year the city submits fomial complaints on expanded basic service rates, and one year the subscribers did receive a small rebate. Mr. Eddie Garcia, Regional Governmental Affairs Manager for TCI Cablevision, reported on the status of the rebuild. He said they were on schedule, and had already surveyed the city and completed some of the initial mapping. They have completed engineering and design on five nodes, which would serve between 1200-1500 homes. They began conduit proofing today to determine if it is okay to replace cable with fiber, and in some cases this may trigger street cuts. City Manager Don Brown said that TCI's written monthly report will be given to the Council members to keep them informed. Bumett moved to authorize staff to continue reviewing the FCC forms from TCI, with the understanding that the new rate will be implemented June 1, 1998, and to seek refunds should discrepancies exist in the FCC forms filed by TCI. James seconded and the motion carried 5-0. ORDINANCES - None May 18, 1998 City of Cupertino Page 10 STAFF REPORTS 22. Recommend support for revised version of AB1614 (Internet Taxes). City Manager Don Brown highlighted a draft resolution and letter from Mayor Jim Roberts, Sunnyx;ale, which had been distributed after the agenda was prepared. The letter pointed out concerns on the part of many cities regarding the definition of taxes, the potential loss of cable franchise fees, the preservation of state and local taxing authority, and other issues. There was also agreement for the need to preserve the unrestricted growth of the Interact and protect existing City revenue sources. Statton moved to approve Resolution No. 98-119 supporting a compromise proposal to The California Internet Tax Freedom ~lct. James seconded and the motion carried 5-0. COUNCIL REPORTS Chang thanked staff for a great event at the annual CREST awards (Cupertino Recognizes Extra Steps Taken), and said there is a good pool of applicants for the position of Executive Director of Leadership Cupertino. Bumett said the North Central Flood Control Zone is in bad financial shape, and they will need more money just for maintenance of the flood control channels. James said she had attended the Teen Sheriffs Academy graduation, and had toured affordable housing with Cupertino Community Services and the Bridge Group, both of which were time well spent. She announced that the RFP for the architect for the Senior Center expansion has been sent out and interviews will be held in a few weeks. She commented on the very moving Sheriff's memorial for slain officers which had been attended by many city representatives, and on the success of the Cupertino Educational Endowment Fund gala. CLOSED SESSION - None ADJOURNMENT At 8:30 p.m. the meeting was adjourned to budget study session, 6:30 p.m., May 27, Conference Room C/D. - Kimberly ~ City Clerk