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CC 03-02-98 MINUTES Cupertino City Council Regular Adjourned Meeting Monday, March 2, 1998 INTERVIEWS OF APPLICANTS FOR CITY BOARDS AND COMMISSIONS At 6:00 p.m. the meeting was called to order in Conference Room A of Cupertino City Hall, 10300 Torte Avenue. City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean, Couneilmembers Don Bumett, Sandy James, and John Statton. Council members absent: None. Staffpresent: City Clerk Kimberly Smith Ms. Patdeia Johnson and Ms. Hema Kundargi were interviewed for the vacancy on the Fine Arts Commission. Council unanimously appointed Ms. Kundargi to the position. Council appointed Ms. Cecilia Fu as the financial representative on the Cupertino Housing Committee. · - Council interviewed Mr. Christopher Klein, Ms. Judith Johnson, Mr. Doug Herrick, and Mr. Richard Lowenthal for vacancies on the Bicycle-Pedestrian Advisory Committee. Council appointed all four candidates to the committee contingent upon the enlargement of this informal committee. Staff was directed to agendize the topic at the next Council meeting. RECESS At 7:00 p.m. the Council recessed, and reconvened at 7:10 p.m. in the Council Chambers. PLEDGE OF ALLEGIANCE At 7:10 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, Councilmembers Don Burnett, Sandy James, and John Statton. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles _ Kllian; 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. March 2, 1998 City o£~2upert~no Page CEREMONIAL MATTERS - PRESENTATIONS Mayor Chang announced the attendance of members from Boy Scout Troop Nos. 470 and 488. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL CO--CATIONS Mr. E. J. Conchs, 10480 Pineville Avenue, commented on the recent survey done of Cupertino residents. He said that there had been no questions about the excellent fire service, and it was important that a new firehouse be constructed in this communi~. He.also suggested that the Sports Center area be used for a teen center, and that steps should be taken to prevent the distribution of handbills. He also suggested that signs should be in English, or if they include other langu_~ges, they should be in smaller characters. CONSENT CALENDAR Burner moved to adopt the items on the Consent Calendar as presented, with the exception of No. 13 which was pulled from the calendar for discussion. James seconded and the -- motion carried 5-0. 1. Resolution No. 98-058: Accounts Payable, February 13, 1998. 2. Resolution No. 98-059: Accounts Payable, February 20, 1998. 3. Resolution No. 98-060: Payroll, February 20, 1998. 4. Minutes of the regular meeting of February 17, 1998. 5. Resolution No. 98-061: Making determinations and approving the reorganiTafion of territory designated "Orange Avenue 97-13', approximately 0.115 acre located on the west side of Orange Avenue between San Femando Avenue and Almaden Avenue; Chou (APN 357-15-036). 6. Resolution No. 98-062: Setting date for consideration of reorganization of area designated "Lomita Avenue 97~16," property located on the south side of Lomita Avenue between Orange And Byme Avenue; approximately 0.3008 Acre, Hill (APN 357-15-004). 7. Request from Cupertino Host Lions Club for a fee waiver of the facility use fees at -- Blackberry Farm for two events. March 2, I~)0~ City of Cupertino Page 3 8. Request from Homestead High School Athletic boosters for a fee waiver of the facility use fees at Quinlan Community Center for a fundmising Social]Auction on Saturday, April 4, 1998. 9. Authorization to allow a hot dog vendor at the Annual Education Day special event at McClellan Ranch Park on March 21, 1998. 10. Resolution No. 98-063: Authorizing execution of agreement with Gabriel E. and Maria L. Tanase, 10146 Amelia Court, APN 326-17-011. 11. Resolution No. 98-064: Accepting grant of easement for roadway purposes from Gabriel E. and Maria L. Tanase, 10146 Amelia Court, APN 326-17-011. 12. Resolution No. 98-065: Accepting contract change order No. 11 for Creekside Park Improvements, Project 96-9208. 14. Review of applications for Alcoholic Beverage Control license: (a) Busters Grille, 10123 N. Wolfe Rod., #2053. (b) Joy Luck Place, 10911 N. Wolfe Road. 15. Council Computer Policy Proposal. 16. Acceptance of city projects perfo, i~ed under contract: Landscape Renovation at Robert W. Quinlan Community Center, Project No. 97-108 (Jensen Corporation Landscape Contractors). Vote Councilmembers Ayes: BurneR, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. Diocese property: Selection of three lots pursuant to Section 6 of 2-DA-97, Park Fees. Community Development Director Bob Cowan explained that lot No. 13, which had previously been recommended, would have a below-grade sewer pump, and staff wished to research any potential impacts that would create before recommending that lot. March 2, 19~)1~ City of Cupertlno Page James moved to approve a minute order authorizing the City Attorney to prepare a letter agreement to be signed by the Mayor and the O'Brien Group to select lot No. 2 in Neighborhood 3 and lot No. 11 in Neighborhood 2; She directed staff to select one more lot, either No. 13 or No. 12 in Neighborhood 3, after they research the impacts of a below-grade sewer pump; and all lots are to be deeded to the City following recordation of the map. Burnett seconded and the motion carried 5-0. PUBLIC HEARINGS 17. Public hearing to review and approve use of twenty-fourth year 1998-99 Community Development Block Grant (CDBG) funds. (a) Resolution No. 98-066: Authorizing submittal of funding proposal for the twenty-fourth program year (1998-99) of the Community Development Block Grant (CDBO) Program. Vera G-il reviewed the staff report and highlighted the CDBG priorities which Council had adopted earlier this year. She noted that there had been a 4% overall cut in funding this year, and compared the Housing Committee recommendations to the staff recommendations. Ms. Georgia Bacil, the Directing Attorney for Senior Adults Legal Assistance - (SALA), said that they are a law office which provides free legal services to elders throughout the county. The $5,000 grant in 1997 was the first time they received funding to expand services at the Cupertino Senior Center (from 48 to 96 annually), and they are requesting funding this year to maintain those visits. Services are targeted at older people who are low income, frail, isolated, or otherwise at risk of institutionalization. She reviewed the statistics regarding their clients and the typical legal problems that they face. SALA has a staff of five full-time attorneys and some volunteers who visit 23 centers for scheduled appointments. They visit Cupertino twice each month and offer 96 visits annually. Cupertino residents that are homebound or institutionalized are served by telephone or home visits. Since they expanded their hours, 74 percent of the Cupertino residents they served have been seen at the senior center. The Older Americans Act prohibits them from charging any fees for services so the funding from Cupertino has done a great deal to help fill the gap and serve more residents locally. They currently receive CDBO funding from six other cities and the total agency budget is over $500,000. The cost for Cupertino services is $19,255.00, which includes $2,898 of in-kind services. Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services (CCS), reviewed three grant proposals submitted this year: (1) The Rotating Shelter Program serves employable homeless men, and with the cooperation of local churches and a synagogue, their clients are given the resources to get jobs and find permanent - housing; (2) The Affordable Housing Placement Program makes it possible for some low-income and very-low-income residents to live in Cupertino; and (3) The fourplex needs repair to bathroom facilities and some property damage. Ms. Cheil said these services are essential to the city, and she asked the council make up the Marcel ~, 10~)~ /~i/y' of~]uper~no Page difference between the requested mount and the available funds by supplementing it with general fund money or in-lieu fees. Ms. Chell added that some of their funds had been used to help Cupertino residents who were displaced during the floods. Mr. Ron Zielske, representing Surmyview Lutheran Home, explained that this year they received permission from the Department of Housing and Urban Development (HUD) to license part of their facility as a residential facility for the elderly. This will allow them to provide assisted living for very low income people. One of the conditions is that they are not allowed to use HUD funds, so the money provided by the city, along with funds raised from other sources, will allow them to begin this pwject. They will be able to pwvide 24 units for up to 30 residents which are ail low income, and will be primarily people from the Sunny View West complex. Bumett said that the rotating shelter was a ve~ important program and he wished to support it at the $20,000 dollar level. Dean said that he felt comfortable with the' recommendation from staff, and that there were always more requests for money than the city could provide. James felt that the affordable housing placement program should also be fully funded because it provided such an important service. C-il suggested that item be sent back to be housing committee, which oversees that fund, and she would conduct more research and check with legal counsel to see if the in-lieu fees could be used to fund public service activities. -' Gil explained that funding for public service activities is limited to 15 percent of the County's CDBG funds, which in Cupertino's case is about $32,000. Public service activities are things such as homeless services or a unique type of activity without hard costs, such as acquiring, constructing, or rehabilitating housing. It would be difficult to move the rotating shelter program into another program with a hard cost because their money goes to staffing costs and overhead. City Manager Don Brown said that the amount of money that has historically gone to the CDBG program is dropping, and it is a dangerous precedent for the city to automatically step in with General Fund money. Gil noted that if Council wishes to adopt funding recommendations it must be done tonight so the recommendations can be processed by the county. Station suggested that a group should be appointed with representatives from Council and statTto discuss programs to be considered and where funding may be obtained. That group could work with the social services agencies within Cupert'mo. Dean said that the city has gone through difficult budget times before which resulted in pay freezes and the curtailment of some projects, and he felt they must learn to work within their budget. He supported the staff recommendation. Statton said that this community has a certain level of need, and since it is wealthy at this point, these - needs deserve to be put on the table and measured against all the others, as well as how they are funded. James moved to allocate funds for 1998-99 as recommended by staff, and directed staff to research additional sources of funds to fully fund the CCS rotating shelter and CCS affordable placement program, with the condition that General Fund money shall not be used. Bumett seconded. Chang suggested amending the motion so that any additional money that becomes available should go first to the rotating shelter. Brown suggested that priorities be set when staff returns in 3045 days to report if any additional funds were identified. Chang agreed and withdrew his amendment, and the motion carried 5-0. The existing funds were distributed as follows: Program Administration $15,000 Public Service Grant Implementation $8,000 CCS - Rotating Shelter $14,565 CCS - Affordable Placement Program $12,803 Senior Adults Legal Assistance $4,853 Sunny View Lutheran Home $50,000 CCS - Transitional Housing Rehabilitation $0 Urban County Rehabilitation Services$15,000 Equipment Acquisition $2,500 Affordable Housing Fund $42,845 $165,566 PLANNING APPLICATIONS 18. Application 2-ASA-98 Honeywell/Measurex: Consideration of an ASA (Architectural Site Approval) application to construct a 43,000_+ square foot offieedindustrial building on the Honeywell/Measurex site located at One Results Way. Environmental determination: Negative declaration recommended. Recommended for approval. Community Development Director Bob Cowan reviewed the staff report. Ms. Bobbi Engelbert, 8067 Park Villa Circle, discussed her concerns about the Measurex project, specifically the potential use of chemicals, the increased number of employees, and increased traffic if the property is sold. She asked how the residents would be info, met of activity at that location and what recourse they would have to prevent changes. Cowan explained that, in texms of chemical use, the company must submit a hazardous materials plan armnally to the County fire district. Measurex has testified that in their particular business they will not be adding more employees and it has a low occupancy since they use very large machines. The parking and traffic assessments were done using larger numbers of employees that would be routinely found at a typical R & D complex. The Planning Commission has talked at length .- about the traffic problem at Bubb Road and McClellan, which is generated by the three schools in the area, but it is not likely to be exacerbated by this particular project because most of the trips will be attracted to the intersection of Stevens Creek Blvd. and Highway 85. March 2, lOOg ~;~y o£Cuper6no Page Mr. $oe Stasi, Facilities Manager at Honeywell-Measurex, said they plan to construct a building to house their integration center. They do not plan to add employees on the site. He noted that the traffic signal favors residents traveling north since they never have to stop unless there is a train. Mr. Gil Smith, Corporate Real Estate Facilities Manager for Honeywell, discussed the potential for a leaseback. He explained that within their company they have many large sites, so when they are under-utilized they look for a way to improve their efficiency. The type of transaction they are considering is a sale/leaseback arrangement, in which the entire property is sold and they enter a lease with new owner for the 60% of the site. Mr. Stasi said that Measurex currently has 447 employees with no plans to increase that number. Cowan explained that Condition 5 would obligate them to build a road along the railroad track to exit onto Stevens Creek Boulevard if it were shown that a traffic problem results from this operation. Burner said he had a concern about locking in a larger building in the future with the use of amenity space that really shouldn't qu_alify as such. Measurex was given a 20,000 square foot bonus in the General Plan specifically for this site, and he felt the Planning Commission has done a good job of finding the amenity space that doesn't really fit the definition and removing that. Another concern was building No. 9, which was all amenity space that might be converted to other uses. Burner said he - would support the Planning Commission recommendation, but with some concern. James said that given the company acquisition and changing workforce, flexible space seems to the be main issue. She understood the concerns at this point the Planning Commission recommendation makes sense. Statton said that Honeywell-Measurex is very involved in the community, out of proportion to any of the other frans, and that involvement is noted and appreciated by the citizens of Cupertino. He felt this was a reasonable request, and supported the Planning Commission recommendation. Dean also favored the Planning Commission recommendation. He noted that there was still some land remaining on Miller, and if there is a misuse, or a negative trend, Council can take appropriate action on the other parcel when it develops. Chang supported the Planning Commission recommendation, although he was still concerned about the traffic situation. He felt the city should work toward a consistent policy regarding amenity space so it is clearly understood by everyone. Bumett moved to (1) Adopt a Negative Declaration based upon the imposition of noise control Condition No. 7, which is intended to protect future residents should noise levels increase; and (2) Approve the architectural site control application contingent upon Planning Commission Resolution No. 4897. Dean seconded and the motion carried 5-0. March 3, 1 ~)~)~ /~Ity o~/~uper~no Page UNFINISHED BUSINESS - None NEW BUSINESS - None ORDINANCES 19. Second reading and enactment of Ordinance No. 1778: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 19.134 to the Cupertino Municipal Code to Provide for an Architectural and Site Review Process for Development Applications." The City Clerk read the rifle of the ordinance. Burner 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 carried 5-0. Bumett moved and Dean seconded to enact Ordinance No. 1778. Motion carded 5- 0. 20. Second reading and enactment of Ordinance No. 1779: "An Ordinance of the City Council of the City of Cupertino Adding Chapters 19.60.090 and 19.32.090 to the Cupertino Municipal Code Adding the Requirement of Architectural and Site Review to all Construction in Light Industrial 0VIL) and Residential Duplex (R-2) - Zones." The City Clerk read the rifle of the orcli~ance. Burner moved and James 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. Bumett moved and James seconded to enact Ordinance No. 1779. Motion carded 5-0. STAFF REPORTS Public Works Director Bert Viskovich gave an update on the status of storm damage and repair to Regnart Road, and said they hope to be completed by the end of this week. City Manager Don Brown announced the Creekside Park opening on Saturday, March 7. COUNCIL REPORTS Dean said he had noticed that the television picture quality in his neighborhood had been dropping, and said the city should work aggressively with TCI Cablevision for a clear picture. If they settle for less, then the satellite television companies benefit, - and that doesn't help TCI or the City's t~anchise. Mm'eh 2, 109g City of Cupe~no Page Burner reported that the Library Expansion Committee met with a consultant and gave a lot of good input. Also, the Senior Center Expansion Design Comruittee visited other sites in the Bay Area and got many excellent ideas. James reported on her visit to the Seven Springs fire station for a round table discussion, and then visited the Stevens Creek Boulevard station to ride along on a call, and hold another discussion with that staff. She plans to visit the Monta Vista station at a later time. Statton reported that the Santa Clara County Library JPA Board met last Thursday and received input, both pro and con, about providing filtering software for the Library's intemet access. ADJOURNMENT At 8:58 p.m. the meeting was adjourned. City Clerk