CC 04-06-98 MINUTES
Cupertino City Council, Regular Meeting
Monday, April 6, 1998
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.
Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles
Kilian; Administrative Services Director Carol Atwood; Associate Planner Colin Jung;
Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; and
Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
Ms. Alice Freund made a presentation regarding the "Yes for Kids! Yes on Measure H!"
campaign which was a local high school facilities bond. She handed out backup materials
and explained that the money would be used for renovation or upgrades to five school
facilities, and no money would be used for staff, programming, or furniture. Ms. Freund
asked that Council adopt a resolution in support of Measure H on the April 14 election.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Ms. Anna Black was pet-dtted to speak at the end of the meeting. She stated her opposition
to Measure H and to a farmer's market in Cupertino.
CONSENT CALENDAR
Dean moved to adopt the items on the Consent Calendar as presented. James seconded and
the motion carried $-0.
1. Resolution No. 98-073: Accounts Payable, March 13, 1998.
2. Resolution No. 98-074: Accounts Payable, March 20. 1998.
3. Resolution No. 98-075: Payroll, March 20, 1998
4. Resolution No. 98-076: Accounts Payable, March 27, 1998.
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5. Monthly Treasurer's and Budget report - March 1998.
6. Resolution No. 98-077: Setting date for consideration of reorganization of area
designated "Judy Avenue 98-01", property located on the south side of Stevens
Creek Boulevard between Judy Avenue and Bret Avenue; approximately 0.861 Acre,
Robinson Oil Co., and Cheng (APNs 375-11-072, -013, -014).
7. Resolution No. 98-078: Setting date for consideration of reorganization of area
designated "San Fernando Court 98-02", property located on the north side of San
Femando Court between San Fernando Court and San Fe~i~cudo Avenue;
approximately 0.822 Acre, Cheung (APN 375-12-006).
8. Resolution No. 98-079: Making determinations and approving the reorganization of
territory designated "Lomita Avenue 97-16", approximately 0.3008 acre located on
the south side of Lomita Avenue between Orange Avenue and Byme Avenue; Hill
(APN 357-15-004).
9. Minutes of the regular meeting of March 16, 1998.
10. Review of applications for Alcoholic Beverage Control licenses: (a) China Paradise
Seafood Restaurant, 10877 N. Wolfe Road. Co) Al Castello Ristorante & Pizzeria,
20950 Stevens Creek Blvd. (c) Caf6 Sochi, 20956 Homestead Rd., Ste A 1.
11. Resolution No. 98-080: Approving Change Order No. 2, Reconstruction of Curbs,
Gutters & Sidewalks, Project No. 97-106.
12. Acceptance of municipal improvements:
(a) Emily Chon, "YMP," Tract No. 8693, Phil Lane.
(b) Emily Chon, 20800 McClellan mad, APN 359-20-034.
13. Request bom Tri-Cities Little League for waiver of the facility use fees at Quinlan
Community Center.
14. Recommendation bom the Parks and Recreation Commission to support tho
Midpeninsula Regional Open Space District Open Space Study.
15. Resolution No. 98-081: Endorsing Fremont Union High School District Measure
16. Resolution No. 98-082: Adopting a Disadvantaged Business Enterprises Program
and establishment of annual DBE goal.
17. Approval of Fine Arts Commission recommendation for the award of Spring 1998
fine arts grants.
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-- 18. Resolution No. 98-083: Approving contract change order No. 3 for Blackberry Farm
Pool Remodel, Project number 97-109.
Vote Councilmembers
Ayes: Bumett, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM TI-I~ CONSENT CALi~,NDAR - None
PUBLIC HEARINGS
19. Consideration of appeal of planning Commission decision regarding Application 2-
EXC-98 - Chevron Service Station at 10023 S. De Anza Boulevard - Sign exception
to exceed the allowed number of ground and wall signs in accordance with Title 17
of the Cupertino Municipal Code. (Council member John Statton, appellant).
Associate Planner Colin Jung reviewed the staff report and explained that the
Planning Commission granted two ground signs in exchange for a public art
easement where the existing monument sign is now located. He said that the area of
the signs will meet the requirements of the sign code.
James said when this item was discussed before she took exception to the Food Mart
sign, and Chevron is aware of that. She was told that Chevron is making a
corporate-wide change to the sign, which they will bring back for further review.
Mr. Doyle Warnock, representing Chevron, said the decision about changes to the
Food Mart signage will probably be made in about six months.
Mr. Craig Schafer of the RHL Design Group, consultants for Chevron, said that total
signage allowed for the building was 127.5 square feet, and they are proposing 108.8
square feet. The logos on the end of the canopy facing the intersection were
removed in the hope that they could have the 16-inch high Chevron wordmarks
approved. The spanners will hold only the corporate trademark and no other text
will appear on them. Below that strip is a blue band, which includes information
such as No Smoking, Turn Off Engine, etc., but those have all been included in the
sign calculations.
Statton moved to uphold the Plavning Commission decision to allow a sign
exception. James seconded and the motion carried 5-0.
Jung suggested that when Chevron has made the changes to the Food Mart sign, the
sign will be brought back to the City as a minor modification, and the Council will
get a referral to notify them it is in progress. The City Council concurred.
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lames said when the renovations were discussed previously she had asked Chevron
to participate in a "Don't Drink and Drive" campaign in Cupertino, to be designed
with the Sheriff's Department. She had attended initial meetings with representatives
of Chevron and Captain Bob Wilson, and the program is developing well. Chevron
has been very cooperative and are excited about the ideas bein§ discussed.
20. Application 2-Z-98 (2-U-98 and 4-EA-98) - Little Angels/Maple Leaf Investments -
Use permit to locate a day care center in an existing building and prezoning an
approximately .74 acre parcel to a BQ (Qna.~i-Public) zoning district at 10352 N.
Stelling Road. Recommended for approval. Environmental determination:
Negative Declaration recommended.
(a) First reading of Ordinance No. 1782: "An Ordinance of the City Council of
the City of Cupertino Prezoning an Existing Neighborhood Commercial (CN)
Lot Located at 10352 North Stelling Road to Pre-BQ (Quasi-Public) Zoning
District."
Associate Planner Colin Jung reviewed the staff report and explained how the
building and playground would be laid out to protect the safety of the children at the
day care center. A "drop-off' and "pick-up" plan has been designed to minimize any
parking and traffic impacts during peak hours, and no more than 30 children will use
the playground at any given time in order to minimize the noise. He noted that there
- would be a maximum of 75 children at this facility.
Dean moved to grant a Negative Declaration. Burnett seconded and the motion
carried 5-0.
Dean moved to approve Application 2-U-98 per Planning Commission Resolution
No. 4903. Statton seconded and the motion carried 5-0.
Dean moved to approve Application 2-Z-98 per Planning Commission Resolution
No. 4904. Statton seconded and the motion carded 5-0.
The City Clerk read the title of the ordinance. Bumett 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 5-0.
21. Applications 1-Z-98, and 3-EA-98 - Ji-Chung Lee - Prezoning a 9,989 square foot
parcel to an RI-10 (Residential, single-family, 10,000 sq. ft. minimum lot size)
zoning district. Recommended for approval. Environmental determination:
Negative Declaration recommended.
(a) First reading of Ordinance No. 1783: "An Ordinance of the City Council of
the City of Cupertino Prezouing an Existing Single-Family Residential Lot
.A Located at 20696 Garden Gate Drive to Pre RI-10 (Single-Family
Residential) Zoning District."
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"- Associate Planner Colin Jung reviewed the staff report. He explained that the owner
is intending to demolish and rebuild a house according to Cupertino development
standards, and in order to do that he is proposing pre-zoning. If that is approved, he
will subsequently annex the lot to the city.
Bumett moved to grant a Negative Declaration. James seconded and the motion
carried 5-0.
James moved to approve Application 1-Z-98 per Planning Commission Resolution
No. 4902. Statton seconded and the motion canied 5-0.
The City Clerk read the title of the ordinance. Burner moved and James seconded to
read the ordivance by title only, and that the City Clerk's reading would constitute
the first reading thereof. Motion carded 5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
22. Selection of meeting date for joint meeting with the Planning Commission to discuss
the house size and design and to select City Council subcommittee members to
discuss technical issues prior to the joint meeting.
Dean said that some neighborhoods are organizing in order to oppose second-story
homes, and there may be a trend in that direction for some older neighborhoods.
Council concurred to appoint Council members James and Chang to the Technical
Review Subcommittee. They will meet on April 15, 11:30 a.m. to 1:30 p.m.
Staff was directed to invite Ms. Pat Jackson, who is a resident of Cupertino, to
participate on the subcommittee as a representative of the local realtors.
The joint City Council/Planning Commission meeting was scheduled for April 20,
6:00 p.m. to 8:00 p.m., to be followed by the regular Council meeting.
23. Award of contract for traffic engineering services for the De Anza Boulevard and
Stevens Creek Boulevard Arterial Management Program (funded by a federal grant). '
Bumett moved to award the contract to DKS Associates for traffic engineering
services on the De Anza Boulevard and Stevens Creek Boulevard Arterial
Management Project. Their compensation will not exceed $151,964.00. James
seconded and the motion carried 5-0.
April 6, 1~)9~ Cji3, oi~Cuperfino Page
24. Setting application deadline and interview date for appointment to the Cupertino
Housing Committee.
James moved to establish the deadline for applications on Friday, May 11, and to
conduct interviews on Monday, May 18, at 6:00 p.m. Burner seconded and the
motion carried 5-0. Statton asked that staff forward the unscheduled vacancy notice
to the Chamber of Commerce.
ORDINANCES
25. Second reading and enactment of Ordinance No. 1780: "An Ordinance of the City
Council of the City of Cupertino Designating Permit Parking on Rose Blossom Drive
From McClellan Road to Lily Avenue."
The City Clerk read the title of the ordinance. Bumett 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.
Bumett moved and Dean seconded to enact Ordinance No. 1780. Motion carded 5-
0.
-- 26. Second reading and enactment of Ordinance No. 1781: "An Ordinance of the City
Council of the City of Cupertino Amending Chapter 11.24.160 of the Cupertino
Municipal Code Relating to the Establishment of Parking Prohibition During Certain
Hours."
The City Clerk read the title of the ordinance. Dean moved and Burnett 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.
Burnctt moved and Dean seconded to enact Ordinance No. 1781. Motion carded
5-0.
STAFF REPORTS
Public Works Director Bert Viskovich reported that the current budget indicates a traffic
signal will be placed at Saich and Stevens Creek Boulevard, and the plan was to wait until
the Pi?.~a Hut development occurred so it can be made a four-way signal. That project is not
moving quickly, and the City has now received a grant for that intersection. There is a
warrant for a traffic signal to be installed so staff will proceed now with the implementation
of a 3-way signal, and the U-turn will remain.
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City Manager Don Brown reviewed the recommendations of the Legislative Review
Committee, as follows:
Oppose AB 2488,(Cardoza).Developer Fees and Exactions, "Rough Proportionality."
Oppose AB 2354, (Olberg). Development Agreement: Accounting of Fees.
Oppose SB 1782 (Thompson). Vehicle License Fee Exemption.
Oppose AB 2081 (Villaraigosa). Sales Tax Exemption, Newspapers, Periodicals
Support SB 1971 (Watson). Residential Care Facilities: Statewide Database.
Support AB 2569 (Kuehl). Drug Free Zones. Parks, Beaches and Now Libraries.
Support AB 1938 (Brown and Cardenas). Alcoholic Beverages. License Fees.
Burnett moved to adopt the recommendations. James seconded and the motion carried 5-0.
COUNCIL REPORTS
Statton said that the Library continues to wrestle with the issue of what to do about filtering
access to the internet. The Library Commission is working this evening on some options
they would like to suggest to the $oint Powers Authority. Also, the Sister City Committee's
Cherry Blossom Festival occurs at the end of April and their fundraising has stalled. He said
that it concerns Council because the festival is a quasi-city activity, so he would keep
Council and the City Manager infol~,,ed.
Dean said he was con~_acted by a person who runs the farmers' market in Los Altos and
Saratoga. The Los Altos market has lost their lease agreement and they would like to
relocate to Cupertino and put the fa~iiiers' market on across the street from City Hall. The
City would not be liable for fees or the other standard start-up costs. The Council members
were all in favor of the suggestion. Statton suggested they also consider The Oaks Shopping
Center and the Quinlan Community Center as alternate sites. Staffwas directed to explore
this offer further.
Ms. Anna Black was permitted to speak at the end of the meeting. She stated her opposition
to Measure H because she did not feel that the homeowners should be taxed to support the
school facilities, and instead there should be taxes on developers' and realtors' profits. Ms.
Black was not in favor of a farmer's market because they are so messy. There are many
other farmers' markets in other communities.
Burnett reported on the progress of meetings of the Library Expansion Advisory Committee.
The dollar amount to meet all of the needs identified at this point will be over $10 million.
He did not feel that was an appropriate amount, and the committee would need to identify a
limit and make their choices within that context.
Chang reported that next Monday there will be a study session with the City Council and
the Library Expansion Advisory Committee to hear a report from the consultant.
Sandra James reported that the Senior Center Expansion Committee is also making progress.
It has been determined that the building will remain at one level and there will be sufficient
room to expand, and move the building more to the front of the lot. She also congratulated
April g, 1001~ Clty o£Cupertino Page
.... the City Manager on an enjoyable Cupertino Rotary fishing trip for 75 third-grade children.
James also congratulated Donna Krey on a very successful Student Week in Neighborhood
Government (SWING) week. James also reported on the "topping off" party at the Hilton
Garden Inn. City Manager Don Brown said that two different people involved with the
project had spoken to him about on how well they had worked with the City's building
inspectors and how easy it was to get permits approved, etc., so he would pass those
comments along to the inspectors.
Chang said that Leadership Cupertino is continuing their search for a new executive director
and applications are still being accepted. He also noted that some of the Council members
Dean and James will be meeting with Congressman Tom Campbell this week. Chang will
meet with Congresswoman Anna Eshoo, and he will follow up with her regarding the need
for a permanent Cupertino postmaster.
CLOSED SESSION -None
ADJOURNMENT
At 8:20 p.m., the meeting was adjourned to Monday, April 13, 5:00 p.m., for a joint study
session with the Library Expansion Advisory Committee. The meeting will be held in
Conference Room Cfi) at Cupertino City Hall.
fCity Clerk