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CC 11-15-99 MINUTEg .... CUPERTINO CITY COUNCIL Regular Meeting Monday, November 15, 1999 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dean 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 Wally Dean, Vice-Mayor John Statton, and Council m~mbers Don Bumett, Michael Chang, and Sandra James. Council members absent: None. Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Bob Cowan, Parks and Recreation Director Steve Dowling, Public Infox-~ation Officer Donna Krey, Public Works Director Bert Viskovich, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Vice-Mayor Statton presented proclamations to the DeAnza and Cupertino Optimists Clubs in recognition of Youth Appreciation Week. Representatives of those clubs thanked the council and Mayor Dean for all of the support he has given to the service clubs. City Manager Donald Brown presented two Western Access Video Excellence (WAVE) awards to Donna Krey and the video crew. These were both first place awards in the professional categories of Programming by/for Children, and Municipal/Government Access programming. POSTPONEMENTS - No. 19, a public heating on a nuisance on Tuggle Avenue, was continued to December 6. WRITTEN COMMUNICATIONS 1. Request from Mr. Leonard Hufton to modify the City's annexation policy relative to the requirement to annex newly developed properties contiguous to a city boundary. Mr. Huf~on said that the property in question is on North Stelling Road. He had purchased another property on Stelling two years ago and developed it through the county. Then he purchased this property and submitted his plans. One month later he was told he would have to submit plans to the city instead, and that annexation to Cupertino was required. He asked if the city would be lenient and forego annexation, or if not, could he apply for prezoning and annexation, but continue with the development process. Dean referred the matter to staff for recommendation. Page 2 C~pert~no City Council Noveaiber 15, 1999 ORAL CObllVlUNICATIONS -- None CONSENT CALENDAR James moved to approve the items on the consent calendar as presented. Chang seconded and thc motion canied 5-0. 2. Minutes: November 1, 1999 regular meeting. 3. Accounts payable: (a) October 29, 1999, Resolution No. 99-329 Co) Noveiaber 5, 1999, Resolution No. 99-330 4. Payroll: October 29, 1999, Resolution No. 99-331. 5. Approving the 1999-2000 Citizens Option for Public Safety (COPS) Funding Allocation, Resolution No. 99-332. 6. Review of applications for Alcoholic Beverage Control license: (a) Rags and Friends, 19979 Stevens Creek Boulevard Co) Green Valley Liquors, 10073 Saich Way 7. Tank Protect Engineering of North¢ia California, Inc.: Change order No. 1, fuel tank replacements, Pwject No. 98-117, Resolution No. 99-333. 8. Grant of easea-tent, roadway, C.I.W. Trust, Diana Wong, Trustee, 10067 Bianchi Way, APN 359-07-009, Resolution No. 99-334. 9. Improvement agreements: (a) Ben Shyy and Monica H. Sun, 19028 Stevens Creek Boulevard, APN 375-11-071, Resolution No. 99-335 Co) Xuan Nguc Nguyen and Nguyet-Lan Thi Vu, 22056 Wallace Dr., APN 326-03- 041, Resolution No. 99-336 (c) C.I.W. Trust, Diana Wong, Trustee, 10067 Bianchi Way, APN 359-07-009, Resolution No. 99-337 10. Quitclaim deed, Xuan Ngoc Nguyen and Nguyet-Lan Thi Vth 22056 Wallace Dr., APN 326-03-041, Resolution No. 99-338. 11. Acceptance of municipal improvements: Sobrato Dev. Co., 19310 Pruneridge Avenue. 12. Authorizing execution of the revised Mca~orandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program, Resolution No. 99-339. 13. Approving re-issuance of the City of Cupertino's Municipal Storm Water NPDES Permit, Resolution No. 99-340. i~ovem~er I:~, 10{)9 L'nuper~no (~ty (~ounc~! Page 14. Resolution of intention to approve an amendment to a contract between the Board of Administration of the California Public Employees Retirement System and the City of Cupertino, Resolution No. 99-341. 15. Resolution extending the deadline for receiving arguments and rebuttals related to the library ballot measure in March 2000, Resolution No. 99-342. 16. Report from Fine Arts Commission regarding grants. Vote Councilmembcrs Ayes: Burnett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS -- 17. Public hearing to consider the proposed use of $25,529.00 of Public Safety Block Grant Funds for the Public Dialogue Consortium discussions on community safety. Administrative Services Director Carol Atwood reviewed the staff report, and said that it is proposed that this year's allocation be utilized to provide community outreach and neighborhood training using the services of the Public Dialog Consortium. The grant requires a local match of 10%, or $2,837.00. She said that an advisory board was established to review the application for funds, and they recommended approval. Statton moved and Chang seconded to approve the local match of funds. Thc motion carried 5-0. 18. Ordering vacation of roadway easement, 10201 Hillcrest Rd., APN 326-16-060, Resolution No. 99-344. Public Works Director Bert Viskovich reviewed the staff report. Burnett moved to adopt Resolution No. 99-344. James seconded and the motion carried 5-0. 19. Public hearing concerning a nuisance on parcel 375-27-025, 18781 Tuggle Avenue, overgrown weeds in the front and side yards, Resolution No. 99-345. ._ This item was continued to December 6. Page 4 Cupertino City Council November 13, 1909 PLANNING APPLICATIONS 20. Santa Barbara Grill site ~ 10745 North De Anza Boulevard. Request to initiate a public hearing for a general plan amendment to allow existing commercial retail site to be developed as office space. Community Development Director Bob Cowan reviewed the staff report. He explained that this parcel had not been successful as a retail site. Another parcel to the south also suffered fi'om very poor access, and the restaurant on that location was tom down and converted to an office use. Mr. David Wheeler, local CPA and past president of the Chamber Of Commerce, explained that this restaurant has been the Santa Barbara Grill for one year, and before that it was Sports City for nine years. None of those businesses has done well, especially in the evening hours. In fact, Santa Barbara Grill is currently in Chapter 11 trying to reorganize. Although they have won several "Best Restaurant in the West Side" awards, when the other restaurant use converted to office space this location was severely impacted. It is also a difficult site for a retail use because access is too difficult, and the parcel appeam to be too small for housing. They propose a landmark style office build'rog which would make an good impression at the city's gateway. Cowan said if council chooses to initiate the general plan amendment hearing, it will not prohibit this parcel from being designated for housing. Bumett noted that the site is roughly the same size as the old fire station location where housing will now be placed, so it is his current preference that this' spot also be used for housing. Chang agreed that the potential for housing at this location should be explored. The city council members expressed regret at the loss of a fine restaurant. ~Iames moved to adopt staff's recommendation. Chang seconded and the motion carried unanimously. The recommendation was to initiate a general plan amendment hearing at which the following analysis will be made: · The impacts of converting retail to office be assessed in terms of determining whether it would result in diminished pool of retail space which would not meet the City's retail (fiscal) objectives · To evaluate the possible aesthetics relative to the general plan design objectives and the North DeAnza Boulevard conceptual plan. 21. Appeal of the Planning Commission decision regarding applications 8-U-99 and 21-EA- 99 of HOK Architects (for Symantec Corporation). The application requested a use permit to construct a 1,750 sq. ft. addition (Learning Center) to an existing office building located at 20330 Torre Avenue. (Mayor Wally Dean, appellant.) (Continued from November 1.) November 15, 1999 Cupertino City Council Community Development Director Bob Cowan reviewed the staff report and showed a diagram illustrating where the medians could be installed. Public Works Director Viskovich said a ballpark estimate for the entire median would be $100,000. The southern side by itself would cost roughly $50,000. Burnett noted that some of the planted area would be lost if this project is approved. Mr. Jeff Birdwell, representing Symantec, said that they do not object to the concept of a median, only to the magnitude of it compared to the value of their 1900 square foot addition. Symantec is willing to share costs at a magnitude that would feel in proportion to this project, and perhaps the city could condition the future hotel or other undeveloped portions of the City Center for additional funds. Also, the city may wish to allocate dollars to construct the median. He said their proposed building will have a very high cost compared to other buildings of its size because of the audiovisual technology inside and the high finishes of the building. Overall cost for this addition will be between $700,000-$900,000, whereas a normal building might be $200,000. In the previous meeting there was also discussion about having four trees relocated, but that was not reflected in the staff report. He said Symantec is willing to relocate the four trees, but they should not be relocated to the median because of the root ball size and existing utilities. Instead, there is a locadon on the site where they can be planted. Bumett said that the project is already over the floor area ratio restrictions, it will cover more planted areas, and it will bring in more employees, thereby negatively impacting the traffic and the environment. He didn't think their argument for amenity space holds up, but this median would serve as compensation. He reviewed the history of Symantec's buildings and their changed plans regarding the world headquarters building. Statton suggested that the southern strip of median be installed with 36 in. box trees, which would help to isolate residential areas from office areas, and slow down traffic on that streat. Chang said he remembered Symantec arguing passionately for their 50,000 square foot bonus for their world headquarters building. It is hard to see the benefit/profit in that instance and now say that the council's request for a median is too much money. He agreed that there may be a major impact on the nearby homes as well James said she felt that Symantec was malting a good faith effort, and to install part of the median would be a good compromise. Mr. Birdwell said he was authorized to offer relocation of the four trees, estimated to cost $10,000, and provide a contribution of $35,000. The city can put in a median or other improvements. Symantec prefers not to be responsible for installing the median in a public right-of-way. Page fi Cuper~no C~i~ C?ounell November 13, 10~0 Statton moved approve thc applications upon thc condition that Symantec donate $50,000.00, to be used for median improvements along Torre Avenue, as well as relocate four existing trees to another location on the property. Chang seconded and the motion carried 5-0. UNFINISHED BUSINESS - None NEW BUSINESS 22. Consideration of a letter from Marc G. Hynes, Esq., attorney for Steven D. Hoffman, appealing the decision of the city manager regarding use of city park facilities by the Cupertino Unified School District for commercial day care center operations. Public Works Director Viskovich reviewed the background of this issue. The parking lot today is being used for drop-off to the day-care center and a turnaround for parents to drop-off their kids. The request by Mr. Hoffman is that the city no longer allow this parking lot to be used for that purpose. He said that Mr. Hof~nan made an appeal to the City Manager, who rendered an opinion, and now the appeal is before the city council. Killian said that Mr. Hynes did submit a letter to the city council dated November 9 requesting that the hearing be held by the council but that no decision be taken, so they would have the opportunity to negotiate some compensation by way of a transfer of the old Crescent Way area. Viskovich said such a transfer of property would take about 10 feet from Varian Park. James said she understood that Mr. Hoffilmn has been in litigation with the school district for the last two years. The City Clerk reported that a letter had been received today from Charles Corr, representing the Cupertino Union School District, regarding this student care center. Copies were provided to Council. Mr. Hynes distributed a binder of materials for each council member stating his client's position in detail. Mr. Ho/~uun is proposing acquiring additional property beside his house. He referred to an earlier letter regarding the joint use and maintenance agreement entered into by the city and the school district. That type of agreement was principally designed for a situation in which thc city, in return for spending money and mainta~nir~g the property, would have the recreation fields, etc., available for city and public use. He did not think it necessarily provided the type of leeway being used in this case. James said she felt it was good public policy to support the child care center, and felt the city manager made the right decision. Chang said he did not see a basis for negotiation about the transfer ofpwperty at this time. Mr. Hoffman said he understands the dire need for day care services, and he is also a supporter of the YMCA. He is fighting a principled issue of notice and opportunity to be heard. The day care is not the issue, but whether the school district can use a public park l~ovember 15, 1000 Cupertino Cliy (~ouncll Page 7 without coming to thc city for approval. As a property owner adjacent to the park, he is entitled to some protection and an opportunity to be heard. He felt that his property values had substantially declined because of the traffic (350 cars a day), the full parking lot, the late-night noise and lights from the cleanlug crew, etc. Bumett said he was sympathetic to Mr. Hoffman in terms of the way this is being done by the school district in tc, iiis of noise, etc., but he did not see how the additional land could help the situation. It seems a situation that will have to be addressed with the school district. Dean agreed that there is a lot of noise flora the air conditioning in the summer. Statton said perhaps the cleaniug crew could come down the back wad on the park land. He did not feel the city should consider deeding public land as mitigation for another entity's problem. James agreed most of the problems seem to be something to be addressed by the school district and it would be a poor precedent to negotiate payment for that 16 feet of property, which will not change the basis situation. Chang agreed that some of the noise issues can pwbably be mitigated by the school district. Mr. Hoffman said the additional property from the city would ~ive him a bit of a buffer and return some of the lost pwperty value. He said he is prepared to pay a fair pr/ce for the property and the change will not detract from the park. Liz Gallegos, executive director for the Northwest YMCA, said they are working to be good neighbors. The child care program was expanded in partnership with the school district over the last couple of years because the demand was so large. The parents and children using this facility live in the immediate area. She said they can instruct the cleaning contractors to adjust their work schedule so they are not cleaning late at night. A delivery truck comes in every two weeks, and the rest of their items are centrally purchased and delivered by staff. The air conditioning can be put on a timer, or staff can be reminded to turn it off at night in the sununertime. She said that these communication issues that can be easily resolved. Statton voted not to negotiate with the applicant regarding a transfer of a strip of property. Chang seconded and the motion carried 5-0. Statton moved to continue this item to January 4, and the applicant agreed. Chang seconded and thc motion carried 4-I, with James voting no. ORDINANCES Second reading and enactments of.' 23. Ordinance No. 1837, "An Ordinance of thc City Council of the City of Cupertino Amending Section 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Section 11.34.010, Relating to Road Bump-Definition." Page g ~upertlno City Council November lS, 1999 The City Clerk read the title of the ordinance. Burnett moved and Sarnes 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 Statton seconded to enact Ordinance No. 1837. Motion carried 5-0. 24. Ordinance No. 1838, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Section 11.34.020, Relating to Administrative Authority." 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 second reading thereof. Motion carried 5-0. Burner moved and Statton seconded to enact Ordinance No. 1838. Motion carried 5-0. 25. Ordinance No. 1839, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Section 11.34.030, Relating to Establishment of Warrants for the Installation and Maintenance of Road Bumps." 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 second reading thereof. Motion carried 5-0. Burner moved and Statton seconded to enact Ordinance No. 1839. Motion carried 5-0. 26. Ordinance No. 1840, "An Ordinance of the City Council of the city of Cupertino Amending Cupertino Municipal Code chapter 11.24.150 Relating to Parking Prohibition, Chapter 11.24.160 Relating to parking Prohibition during Certain' Hours on the East and West Sides of Mary Avenue, and Chapter 11.24.180 Relating to Diagonal Parking on the West Side of Mary Avenue." 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 second reading thereof. Motion carried 5-0. Burner moved and Statton seconded to enact Ordinance No. 1840. Motion carried 5-0. 27. Ordinance No. 1841, "An Ordinance of the City Council of the city of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Establishment of Vehicular Stop and Section 11.20.030, All Directional Vehicular Stop Required at Certain Intersections to Include Bahl street at the Intersection of Ainsworth Drive, Kendle Street at the Intersection of Ainsworth Drive, and Carta Blanca Street at the Intersection of Ainsworth Drive." November 15, 1999 Cupertino City Council Page The City Clerk read the title of the ordinance. Burnett moved and James seconded to read the ordinance by title only, and that the City Clerk's mad/nE would constitute the second reading thereof. Motion carried 5-0. Burnett moved and Statton seconded to enact Ordinance No. 1841. Motion carried 5-0. STAFF REPORTS 28. Human Services funding - preliminary report. City Manager Donald Brown reviewed the preliminary staff report. He said a full- fledged evaluation of human services funding in Cupertino would be a complex undertaking, and would require the use of an outside consultant. Chances are that the conclusion will be there is a significant gap in funding. Staff has provided the historical contributions that the city has made to all the agencies over the past 10 years, and another alternative would be to follow that same pattern with a CPI adjustment, with the understanding that there may be some catch-up years like this one. If council wanted to do a full analysis, he suggested that it be discussed as a part of the goals in January. Bumett suggested another alternative, which is consider what other infoLmation the city can use to det¢i~ine if its grant is appropriate, and he listed a number of categories Statton said one of the issues is what is the city's role in pwviding social services for its residents, as well as the role of public vs. private funding Council concurred to discuss this item at the council goals session in January. The basic approach will be to incorporate the suggestions by Counc. Bumett and Statton which included: 1. The percentage of money spent on administration by each agency. 2. The percentage of Cupertino residents served. 3. The percentage of city funding in relation to overall budget. 4. How much funding is provided by other cities. 5. How much funding comes from private versus public organizations. 6. Need versus demand. COUNCIL REPORTS Chang reported that hc attended the 5 C's town hall meeting on Wednesday on the issue of diversity and cultural richness in the city, and was glad there was such a good turnout (over 130 people), and hc congratulated the organizers. Bumett said there are plans for the flood control issue to be on the ballot for Noveinber 2000. However, they will need to clarify thcir message and be more specific about the sunset provision and the bonds, as well as being more specific about the programs they plan to spend them on. He said that he had also been to a number of housing meetings of the Manufacturers Group. They Cupertino City/~ounell l%vember 13, 1999 are starting a trust fund and are trying to raise $20 million and leverage it by having it reliever in loans. Cupertino will be requested to contribute to this fund. James complimented the staff on the 5 C's town hail meeting. She said that Senior Center members said goodbye to their building on Sunday and it was very touching ever. She attendM the housing summit to discuss strategy setting participation with Silicon Valley Manufacturing Group. For affordable housing they will focus on teachers, law-enforcement, emergency workers etc. She noted that the Cupertino Rotary Club painted the gazebo, as well as making and delivering emergency kits for seniors. CLOSED SESSION - None ADJOUI~'M~NT At 8:34 p.m. the meeting was adjourned to November 17, 6:00 p.m., in the City Council chambers. The purpose of the meeting will be to swear in a new council member and to elect a new mayor and vice-mayor. Kimberly Smith City Clerk