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CC 02-17-98 MINUTES Cupertino City Council Regular Meeting Febma_ry 17, 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 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 Kilian; 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 Mr. Brian Godbe of Godbe Research & Analysis highlighted the results from the 1998 community survey. Chang asked for more details at a later date on the responses to the question "What's the thing about living in Cupertino?" City Manager Don Brown said the survey results would help staff to determine which areas of service were most important to the community, and they would like to do a similar survey in about two years to measure their success in meeting those needs. POSTPONEMENTS - None WRITTEN COMMUNICATIONS- None ORAL COMMUNICATIONS- None CONSENT CALENDAR Dean moved to adopt the items on the Consent Calendar as presented. James seconded and the motion carded 5-0. 1. Resolution No. 98-050: Accounts Payable, January 30, 1998. 2. Resolution No. 98-051: Accounts Payable, February 6, 1998. 3. Resolution No. 98-052: Payroll, Febrns_ry 6, 1998. -. 4. Minutes of the regular meeting of February 2, 1998. ' lveb ,, y 17, 199g Cupertino City Council Page 5. Resolution No. 98-053: Making determinations and approving the reorganization of territory designated "Hanford Drive 97-11", approximately 0.228 acre located on the north side of Hanford Drive between Beardon Avenue and Cupertino city limits line; Wang (APN 326-33-024). 6. Review of application for Alcoholic Beverage Control license, El Molino Taco Grill, 19656 Stevens Creek Blvd, Suite C. 7. Request from Iranian Women's Club for waiver of use fees for a fundraiser to be held at Quinlan Community Center. 8. Acceptance of municipal improvements: James Kramer & Joseph Kramer, 22701 Stevens Creek Blvd. 9. Resolution No. 98-054: Authorizing execution of agreement with Symantec, 10201 Torte Avenue, APN 369-41-005. 10. Resolution No. 98-055: Accepting grant of easement for public utilities, Nasrollah Kazemi and Nahid Kazemi, 22287 Stevens Creek Boulevard, APN 326-50-034. 11. Resolution No. 98-056: Accepting grant of easement for roadway proposes, Wei-Luh - Chu and Tsal-Lan Chu, 22371 Cupertino Road, APN 326-15-010. 12. Resolution No. 98-057: Authorizing acceptance of agreement with George Adzich, 21850 Granada Avenue, APN 357-16-139. Vote Councilmembers Ayes: Bumett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED I~ROM THE CONSENT CALENDAR- None PUBLIC HEARINGS 13. Consideration of additions to the Cupertino Municipal Code regarding architectural and site review. Environmental determination: Categorically exempt. (a) First reading 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." Co) First reading of Ordinance No. 1779: "An Ordinance of the City Council of the City of Cupertino Adding Chapters _ 19.60.090 and 19.32.090 Adding the Requirement of Architectural and Site Review to all Construction in Light Industrial (ML) and Residential Duplex (R-2) Zones." l~ebruary 17, 1{)~)~ Cupertino City Council Page .... Community Development Director Bob Cowan reviewed the staff report and said that this is a stopgap measure for a few months to replace some text that was inadvertently left out of the code. In the meantime, the Planning Commission is considering a new architectural and site review process and other changes will be forthcollaing. Ms. Ann Anger, president of the Monta Vista Improvement Association, discussed the efforts which had gone into improving the Monta Vista neighborhood, but said there is still a problem with blight. Light industry is of particular concern and duplexes can suffer much more blight because there are often absentee landlords. Council members discussed the possibility of broadening the area of notification as a part of the public notice procedures. Council also encouraged staff to conduct pre-reviews to streamline the architectural and site review process and keep applicants' costs down. PLANNING APPLICATIONS- None UNFINISHED BUSINESS- None NEW BUSINESS 14. Review of bids and award of contract for Blue Pheasant Restaurant Restroom Renovation, Project No. 98-102. Dean moved to award the contract to PICC, Inc., in the amount of $170,000, and to authorize a 15% contingency. James seconded and the motion carried 5-0. 15. Modification of annual Disposal Day from one fixed day per year to two select-your-own days. Public Works Director Bert Viskovich reviewed the new disposal day options. He said that this was an enhancement of the service available to residents, but there will no longer be a way to track the tonnage collected because weekly garbage and "disposal day" items will go into the same truck. James moved to approve new program which will provide two disposal days per calendar year, to be selected by the resident. Bumett seconded and the motion carried 5-0. 16. One-year review of condition requiring public access to private open space on Classic Community project located on Tone Avenue. Community Development Director Bob Cowan reviewed the staff report. A letter dated February 11 was distributed to City Council from Ms. Zahra Pavlovic, President of the Cupertino Classics Homeowner's Association. The letter reported the results of a neighborhood survey, which showed their desire to make the park a private park, and · - indicated there had been many complaints of skateboarding and rollerblading in the park directly in fi~nt of the homes. February 17, 199g Cuper~o City Councll Page Mr. Farok_h Deboo, a resident of the Cupertino Waterfall development, said that his community had chosen not to have dividing walls between their neighborhood and others. This decision had resulted in a friendlier open space and better emergency access, and he hoped the Classic Community project could find a similar solution. Discussion followed regarding the status of the Teen Task Force'recommendations and the pros and cons of a skateboard park. City Manager Don Brown said that a skateboard park would be considered as a part of the overall needs which are being surveyed by the Teen Task Force. City Attorney Chuck Kilian noted that this particular park is private property, and the homeowners could choose to post a notice prohibiting skateboarding. Any violations of that would be reported to the Sheriff's Office as trespassing. Burner moved to continue the existence of the park as a private park which is open to the public, and to notify the property owners that they are free to prohibit skateboarding on that site. Statton seconded and the motion carded 5-0. ORDINANCES 17. Second reading and enactment of Ordinance No. 1777, "An Ordinance of the City of Cupertino, Amending Title 16 of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforming the Provisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old Provisions with New Language, and Consolidating and Streamlining Various Provisions." The City Clerk read the title 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. Burner moved and Dean seconded to enact Ordinance No. 1777. Motion carried 5-0. STAFF REPORTS 18. Recommendation regarding 408 new area code boundaries. Mr. Farokh Deboo said that he used to live on the boundary of area codes 408 and 415 and it was not unusual that he would need to dial an area code to call across the street, but did not pay extra for those calls. Community Development Director Bob Cowan reviewed the staff report. Burner moved to recommend Alternative No. 12A as the first choice and Alternative lA as the second choice. James seconded and the motion carded 5-0. Febr,, ,,'y 17, 1/)!)// Cupertino City Council Page 19. Update on flooding and stoxrr~ damage in the month of FebrnAry. Council viewed a brief videotape which showed the flooding which took place on various city streets and at Blackberry Farm Golf Course. Public Works Director Bert Viskovich said Caiabazas Creek overflowed in two places because the culverts are substandard. A portion of Regnart Road was washed out, but emergency repairs had been made and staff is continuing to work on this area. There is some concern that there may be some failures up in the Regnart Canyon because of septic tanks and leach lines that are overfilled. The City Manager and the City Council asked that their thanks be passed along to Bob RizTo and the staff at the Service Center, as well as to Stevens Creek Quarry, because all their work helped to minimize the damage. Burner said that last week at the Flood Control meeting they showed a map of rain density, and the most dense rainfall was immediately west of Cupertino, which received as much as 8 inches of rain in a 24-hour period. Viskovich said that the Santa Clara Valley Water District had a website which provided real-time information on rain gauges and reservoir levels throughout the county. COUNCIL REPORTS City Manager Don Brown reviewed the recommendations of the Legislative Review Committee, - which was to support the following. Burnett moved to accept the recommendations of the Legislatiye Review Committee. James seconded and the motion carried 5-0. AB 1712 (Cuneen), local government finance, tax revenue apportionment mistakes AB 1243 (Granlund), SB 110 sales and use tax reallocation, urgency fix SB 1405 (Lee), security bars, fire safety, regulations AB 371 (Figueroa), sex offenders, county sexual assault Statton reported that the Sister City Committee met with the school district and they are begi~nirtg to work out the children's portion of the exchange. Dean said that the Santa Clara County Emergency Preparedness Commission is preparing a budget for next year so Cupertino will be in line for some funding which will include a computer for the Emergency Preparedness Coordinator. Burnett said he attended the hearing at the Saratoga City Council on freeway noise. The representative for the company which did the research presented the findings which mostly corroborated what the citizens had found. Four methods of reducing noise include reducing the speed limit, repaving with a quieter asphalt, putting sound-absorbent materials on the walls, and raising some of the soundwall heights. With all of those together the perceived sound level may be reduced as much as half. Some citizens criticized the report because they felt it underestimated the number of people affected. The committee will be arranging a meeting with - local legislative representatives to garner support to have Caltrans fix the problem. If that does not happen, Measure A/B included funding for noise reduction. He said he would follow what Saratoga was doing and report back to Council. February 17, 1998 Cupe 0 City Council Page 6 James said that she had met with the Leadership Cupertino committee and discussed the possibility of a teen leadership academy. They will explore Sunnyvale's model, which has been very successful, but first they will replace their executive director. Chang that the Library Expansion Committee met. The consultant will be seeking input from the community and will brief Council on his recommendations and timeline. CLOSED SESSION - None ADJOURNMENT At 8:30 p.m. the meeting was adjourned to 6:00 p.m., March 2, Conference Room A, for interviews of applicants and appoinh-ents to advisory bodies.