CC 12-06-99 MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, December 6, 1999
ROLL CALL
City Council members present: Mayor John Station, Vice-Mayor Sandra James, and Council
members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: None.
Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Community Development Director Bob Cowan, Human Resources
Officer Bill Woska Parks and Recreation Director Steve Dowling, Public Information Officer
Donna Krey, Public Works Director Bert Viskovich, and City Clerk Kimberly Smith.
CEREMONIAL .MATTERS - PRESENTATIONS
Mayor Station welcomed Boy Scout Troop No. 476. He also noted that this was the last Council
meeting for Bob Cowan, who was retiring as Community Development Director after 30 years
with the city, and commended him on his service to the community.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Ms. Sessica Rose, 10410 Ann Arbor Avenue, submitted an infoLlhal petition in support of
annexation of the Garden Gate neighborhood, and requested that the city and county provide
community forums to educate the citizens about the process.
Mr. Ed Conens, 10480 P/neville Avenue, said that he was opposed to spending money on a new
library, although modernization of the exist/ne library was appropriate.. He also remarked on
December 7, Pearl Harbor Day, and asked that Council support a memorial to be built in
Washington D.C.
Ms. Anna Polman-Black asked about the status of an over-cross/ng on Mary Avenue, as well as
the possibility that access to Highway 85 from Stevens Creek Boulevard may be re-muted.
Public Works Director Bert Viskovich said that the Bicycle-Pedestrian Col~mltiee's master plan
shows a bicycle and pedestrian over-crossing, and they will try to get that/ncluded on a regional
list. Before that happens they will work with the neighborhoods. However, there will be no
vehicular over-crossing.
Floyd Meyer, 10186 Westacres Drive, commented on the demonstrations taking place in Seattle
about the World Trade Convention activities. He also mentioned traffic c'uculation problems on
McClellan and Boll/nger Roads.
Deceml~er ~, 1 {){)~) (~upertlno City Council Page 2
~CESS
At 7:00 p.m. ~e Cup~o Ci~ Co~cil ~ess~, ~d ~nv~ed ~ ~e R~elopm~t
Ag~cy. At 7:02 p.m. ~e Co~cil m~g ~onv~ed.
CONSE~ C~END~
J~es moved to approve ~e items on ~e cons~t c~ ~ p~s~t~, ~ ~e exc~fion of
No. 10 ~at w~ pull~ for ~ ~scussion. C~g s~ond~ ~d ~e motion c~ 5-0.
1. M~utes: Nove~ib~ 15 ~ mee~g, ~d Nov~b~ 17 ~d Nov~b~ 19 ~1~
Mjo~ me~ngs.
2. Accosts payable: Novemb~ 12, Novemb~ 19, ~d Novenib~ 24, 1999, Resolution
No.'s 99-347, 99-348, ~d 99-349.
3. Pa~ll: Nov~b~ 12 ~d Nov~b~ 24, 1999, Resolution Nos. 99-350 ~d 99-351.
4. Mon~ly T~'s ~d Budga R~o~, Octob~ 1999.
5. M~ng det~fio~ ~d ~pm~g ~e ~rg~afion of te~tito~ desi~t~ '~.
Stelling Ro~ 99-06," ~pmx~ately 0.~ ~ located on ~e west side of N. Stel~g
Road be~e~ G~ ~ve ~d ~ed Drive; Se~ (~N 326-08-051), Resolution
No. 99-345.
6. Resolution ext~ng ~e deMllne for ~eiv~g ~~ ~d ~bu~s ~lat~ to ~e
libr~ b~lot me~ in M~h 2000, Resolution No. 99-352.
7. Request ~m Cup,no Hi~ School for w~v~ of ~e f~ for ~e Cup~r~o ~ School
footbfll te~ ~ b~quet held at ~e ~nl~ Cent~ on S~y, Nov~b~ 21, 1999.
8.Jayesh P. P~ 22092 S~ F~t~do Ct., ~N 357-12-010:
(a) ~tclalm d~ Re~lufion No. 99-353
~) Impmv~mt a~m~t, Resolution No. 99-354
9. Ch~ge ord~ No. 1, V~ley SI~ S~, ~ject No. 99-102, Resolution No. 99-355.
11. Acc~ce of ciW pmj~ts P~oii~ied ~d~ con, t: Vflley SI~ Set, ~ject No. 99-
102.
12. C~ng av~labiliW of locfl ~e of Boll~g~ Road ~d Foo~ll Blvd., bike l~e
pmj~ts, Resolution No. 99-357.
13. ~d Na~fl G~ Sties ~d A~gafion A~eai~t 96-022, w~ch ~cludes ~c~g
· e t~ ~m one ye~ to ~e ye~ (July I, 2002).
December 4, 1000 Cuper~no City Council Page
Vote Counciknernbers
Ayes: Burnett, Chang, James, Lowenthal, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. Designating preferential parking zone, Barbara and Pepper Tree Lanes, Resolution No.
99-356.
Burnett said he wished to call attention to this item because it changes parking
restrictions in an area near DeAnza College, so it should be publicized as much as
possiblc. Bumett moved to adopt Resolution No. 99-356. Chang seconded and the
motion carried 5-0.
PUBLIC HEARINGS
14. Public hearings concerning a nuisance on parcel 375-27-025, 18781 Tuggle Avenue,
overgrown weeds in the front and side yards. (Continued from November 15 meeting.)
(Nuisance has been abated.)
There were no speakers. Since this item had been abated, it was removed fxom the
calendar.
15. Ordering abatement of public nuisance (abandoned vehicles) at 20091 La Roda Court.
Hearing requested by property owner Colleen James, Resolution No. 99-358.
Code Enforcement Officer Gary Komabrens reviewed the staff report and discussed the
steps he had taken to work with the property owner to remove two vehicles or bring them
into operating condition. He explained that when the complaint was filed, both vehicles
had low tires and were filled with trash. They have been cleaned out, but the property
owner has not proved they are operable. There is also another nuisance abatement
associated with this property, which would be brought before the cOuncil at a later time.
Ms. Colleen James explained that she wished to keep one of the vehicles for sentimental
reasons, and she planned to use the other one for personal transportation once the battery
had been replaced, since her existing car had over 140,000 miles on it.
Councilrnember James suggested that Cupertino Community Services be contacted'to see
if they could be of assistance to the property owner. Councilmember Burnett said that the
heart of this ordinance was to protect the citizens in the community, and it should be
enforced if she is in violation of the ordinance. Chang said Ms. James had taken some
steps to clean up the vehicles, and asked how much more time she needed. Ms. James
said that both vehicles were licensed, and she could make repairs within 10 days.
December ~, 1000 ~upergno ~iiy ~ouncll Page
Chang moved to deny the appeal and order abatement if the property owner had not made
the vehicles operable within 10 days. James seconded and the motion carried 5-0.
16. Ordering vacation of roadway easement, C.LW. Trust, Diana Wont, Trustee, 10067
Bianchi Way, APN 359-07-009, (Res. No. 99-305), Resolution No. 99-359.
The public hearing was opened. There were no speakers, and the hearing was closed.
James moved to adopt the resolution. Bumett seconded and the motion carried 5-0.
17. Ordering vacation of emergency vehicle access easeiaent, Parcels 2 and 3, 22831
Mercedes Road, (Res. No. 99-325), Resolution No. 99-360.
The public hearing was opened. There were no speakers, and the hearing was closed.
Chang moved to adopt the resolution. James seconded and the motion carried 5-0.
18. Tom Quaglia - The Riding C.n'oup: request for a tentative map to subdivide an
approximately two-acre parcel into 8 lots, and prezoning an approximately two-acre
parcel from Pre-A to Pre R1-6, applications 5-TM-99, 8-Z-99, and 13-EA-99. The
project is located at 7816 Festival Drive (APN #362-17-002). A Negative Declaration is
recommended and this iteia is recommended for approval.
(a) First reading of Ordinance No. 1842, "An Ordinance of the City Council of the
City of Cupertino Rezoning a 1.96 Acres Parcel at 7816 Festival Drive (362-17-
02) fxom Pre(A) to (RI-6,000); applicant The Riding Group."
Community Development Director Bob Cowan said there would be no vehicle access
between parcels, but bicyclists and pedestrians would have access. Hazardous materials
from an old fanning operation will be cleaned up, and a 20-foot Valley Oak would be
relocated.
Mr. Tom Quaglia said this project would create a public street, and there would be
pedestrian and bicycle access to Festival Drive. The relocated Valley Oak would help to
screen Highway 85, and the existing redwood trees would be retained in their original
location. Other changes would include soRenlng the eiiiergency vehicle access on
Festival Drive. He said that they hope to break ground in April
Burner moved to grant a Negative Declaration. Chang seconded and the motion carried 5-
0.
Burner moved to approve the applications per Planning Commission Resolutions 5080
and 5081. James seconded and the motion carried 5-0.
The City Clerk read the title of Ordinance No. 1842. 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 carried 5-0.
December ~, l{)O0 ~uperl{no (~ity &uncl] Page
19. Hazardous vegetation/weed abatement: ordering abatement of public nuisance pursuant to
provisions of Ordinance No. 724 and Resolution No. 99-287, Resolution 99-361.
The public hearing was opened. There were no speakers, and the hearing was closed.
James moved to adopt Resolution No. 99-361. Burnett seconded and the motion carried
5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS - None
20. Review of Council committees and assignments.
Council members concurred with the following assignments:
Mayor Statton:
Association of Bay Area Governments- Alt~mte
Legislative Review Committee
West Valley Mayors and City Managers
Sister City Committee - Toyokawa
Vice-Mayor James:
Cupertino Audit Committee
Economic Development Team
Environmental Review Committee - Alternate
Leadership Cupertino
Northwest Flood Control Zone Advisory Committee
Santa Clara County Cities Association - Alternate
Santa Clara County Emergency Preparedness Commission
Senior Center Expansion Committee
West Valley Mayors and City Managers - Alternate
Councilmember Bumett:
Library Expansion Committee
North Central Flood Control Zone Advisory Committee
Public Dialog Liaison
Santa Clara County Cities Association Representative, ABAG Board of Directors
Santa Clara County Committee on Housing & Community Block Grant Program
Santa Clara County Library District IPA Board of Directors - Alternate
Santa Clara County Transportation Agency Policy Advisory Committee
Santa Clara Valley Water Commission
Senior Center Expansion Committee
December 6, 1/)00 CUl ertino Eib, Council Pa e 6
Councilmombor Chang:
Association of Bay Area Govei-arnents
Leadership Cupertino
· Legislative Review Committee
Library Expansion Committee
Public Dialog Liaison
Santa Clara County Cities Association
Santa Clara County Comm. on Housing & Community Block Grant Program-
Alternate
Santa Clara County Emergency Preparedness Commission - Alternate
Councilmember Lowenthal
Association of Bay Area Goveii~ments - Alternate
Cupertino Audit Committee
Economic Development Team
Environmental Review Committee
Santa Clara County Library District JPA Board of Directors
21. Request to initiate a public hearing to consider amendments to the General Plan and Heart
of the City Specific Plan to accommodate changes in development regulations, including
building height and location, for a hotel, apartments, and retail activities in the City
~ Center.
Community Development Director Bob Cowan reviewed the staff report. Council
members directed staff to initiate a public hearing to consider a general plan amendment
and an amendment to the Heart of the City Specific Plan, and specified that the applicant
may submit development applications to be heard concurrently with those amendments.
ORDINANCES - None
STAFF REPORTS
City Manager Don Brown announced that there would be a reception for retiring Community
Development Director Bob Cowan on December 16 at the Quinlan Community Center.
COUNCIL REPORTS
James reported that she attended the Portal Software reception. Also, she and Lowenthal
participated in the anm~_a! Rotary Club shopping excursion for children, and it was an excellent
program made possible by the Rotary Club, the Quota Club, the YMCA, and $.C. Permey's.
December 6, 10{)0 Cupertino City Council
Burnett said that he attended the County. Housing Authority tour of affordable units, and was
particularly impressed with one development of 110 units on less than an acres that were
attractive and well designed. He said there is still a huge shortfall between the supply and
demand. Burnett also took his first ride on the Tasman West light rail, which was very smooth.
It will be a more useful link if they can improve pedestrian access to the rail line, because right
now there are not a lot of sidewalks.
Chang said that he represented the city at the Thanksgiving church service put together by eight
local churches. He also attended the charity concert sponsored by the World Journal, and was
pleased at their efforts to support the community. Those donations will benefit the American
Cancer Society.
Lowenthal said there is a lot of evidence of economic success - Portal Software is very excited to
be here, and he attended the ribbon cutting for the Andrew James salon which grew out of its last
building. Also, tonight is the groundbreaking for a new aquatic center at the YMCA.
CLOSED SESSION - None
At 8:05 p.m., the meeting was adjourned to Monday, January 3, 2000, at 5:30 p.m., in the City
Council chambers, for a joint study session with the Plan, lng Commission regarding the City
Center hotel and apartment project at the comer of Stevens Creek and De.AnTa Boulevards.
City Clerk