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CC 09-07-99 CUPERTINO CITY COUNCIL Regular Meeting Tuesday, geptember 7, 1999 PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Dean called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led thc Pledge of Allegiance. ROLL CALL City Council members present: Mayor Wally Dean, Vice-Mayor lohn Statton, and Council members Don Bumett, and Michael Chang. Council members absent: Sandra James. Staff present: Acting City Manager Bert Viskovich, City Attorney Charles Kilian, Comml~llity Development Director Bob Cowan, Parks and R~creation Director Steve Dowling, Public Works Director Bert Viskovich, Human Resources Officer Bill Woska, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Councilmember Don Bumett said that September 13, 1899, was the first automobile fatality. Since that time over 30 million people have been killed by automobiles. He said the city is sponsoring a workshop on walkable and rideable cornmunities. It will be at the Qui~lan Community Center on Tuesday, October 19 from 8 a.m.to 4:30 p.m., and it is open to the public. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Ms. Carol Gulley, 10368 Beardon Dr., discussed the problem of abandoned shopping carts in her neighborhood, and distributed photographs from last week as well as a viewgraph. She asked what laws may have been violated and how people who break those laws might be pwsecuted. The council members agreed that this is an area of great concern. Viskovich said that staff was working closely with the various stores, and people should call 777-3354 to report abandoned carts so that staff could contact the store owner directly. Mr. Albert Hoffman said that he wished to remember Mr. Henry Singleton, who had passed away. Mr. Singleton was one of thc original board members at Apple Computers. CONSENT CALENDAR Chang moved to approve the items on the consent calendar as presented. Bumett seconded and the motion carried 4-0, with James absent. aptember 7, 1000 perfino C ity Counell Page 2 1. Monthly Treasurer's and Bud§~ Repo~- July 1999. 2. ^ccounts payable: (a) Au~mt 13, 1999, Resolufiun No. 99-264 August 20, 1999, Re~olution No. 99-256 (c) August 27, 1999, Resolution No. 99-257 3. Payroll - August 20, 1999, Resolution No. 99-258. 4. Approval ofthe minutes of the regular meeting of August 16, 1999. 5. Acceptance of municipal improvements: Nasrollah & Nahid Kaz~i, 22287 Stevens Creek Boulevard, APN 326-50-034. 6. Improvement Agreements: (a) Samuel Liang & Sandra B. Liang, 19010 Barnhart Ave., APN 375-37-041, Resolution No. 99-259 Co) Adc C-ilbrecht, 22436 Palm Ave., APN 357-04-013, Resolution No. 99-260 7. C-rants of Easement, Roadway: (a) Cupertino Village Associates H, LLC, SW Comer Homestead (~ Wolfe, Resolution No. 99-261 CO) Adc Oilbrecht, 22436 Palm Ave., APN 357-04-013, Resolution No. 99-262 8. Quitclaim Deed, Adc Oilbrecht, 22436 Palm Ave., APN 357-04-013, Resolution No. 99- 263. 9. Authorizing execution of Fifth Amendment to the Agreement between Santa Clara County and the City of Cupertino for Abatement of Weeds, Resolution No. 99-265. 10. Requests for fee waiver: (a) Monta Vista High School varsity football team for reserving the barbecue site located behind Quiulan Community Center at Me,~orial Park on Thursday, October 7 and October 14, Friday, October 29, and Thursday, November 4. Iranian Federated Woman's Club and Payvand Cultural School for the Third Annual Iranian Art and Cultural Event scheduled on Sunday, October 10, at Quinlan Community Center. 11. Review of application for Alcoholic Beverage Control license for Albertsons Inc., 10425 De Anza Boulevard. Vote Councilmembos Ayes: Burnett, Chang, Dean, and Statton _ Noes: None. Absent: James Abstain: None. ITEMS REMOVED l~'ltOM THE CONSENT CALENDAR - None PUBLIC HEARINGS 12. Reconsideration of appeals, Application 4-ASA-99 - Public hearing to reconsider appeals filed by Mr. Erh-Kong and Ms. Ding-Wei Chieh and Dr. Nancy and Mr. Henry Adelman. The application requested architectural and site approval to allow the construction of first and second story additions to an existing one-story duplex located at 10333 Degas Court. (Petition for rehearing filed by the Law Offices of Owen Byrd - Adelman's request continuation to Septoi~iber 20, 1999.) The City Attorney said the appellant asked for a continonnce to Septvmber 20, and that the stop-work order be re-established. He noted that if the continunnce is granted, it should be until such time as the Community Development Director will be available, and the earliest date would be November 1. The Adelman's daughter explained that her parents were out of town, and the continuance to November 1 was acceptable. Burnett moved to continue this item to November 1, and to not reissue the stop-work order. Chang seconded and the motion carried 4-0 with James absent. 13. Electronic Security Gates - Public hearing to consider a General Plan Amendment to policies 2-33 and 6-17 regarding discouraging electwnic security gates, and an amendment to Chapter 16.28 of the Cupertino Municipal Code regarding prohibition of security gates in non-single family residential parcels. A Negative Declaration is recommended and this item is recommended for approval. (Continued from August 16 meeting.) (a) Resolution adopting general plan amendment, Resolution No. 99-255 (b) First reading of Ord. 1833: "An ~ce of the City Council of the City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal Code Regarding Electronic Security Gates" Burnett moved to grant a Negative Declaration and approve the project per Planning Commission Resolution No. 5053, with the following amendment: Change the last bullet of the resolution to read" The electronic gates are needed for de~-,~onstrated security reasons." Chang seconded and the motion carried 4-0 with lames absent. The City Clerk read the title of the ordinance. Bumett moved and Chang seconded to read the ordinance by tifie only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with James absent. eptember 7, 1000 Cupertino City Council Page 4 14. Animal control -- Public hearing regarding compliance with AB 14812 (Alquist), holding periods for a~imal prior to outhanizatiorl: (a) Electing to comply with certain animal holding periods set forth under state law in effect on June 30, 1999, pursuant to the terms of AB 1482 (Alquist) holding periods set forth in Chapter ?$2 of Statues of 1998 of the State of California, and authorizing the city manager to take any actions to effect this election and the actions contemplated under this resolution, Resolution No. 99-266. Ms. Anna Polman-Black asked if something can be done about the large number of feral cats on Gardena Drive near Highway 280. Woska said that he would contact the Humane Society to see if they could assist with the problem. Statton moved to adopt Resolution No. 99-266. Chang seconded and the motion carried 4-0, with James absent. 1 $. Tree Ordinance - Public hearing to consider amending Chapter 14.18: (a) First reading of Ordinance No. 1835: "An Ordinsnco of the City Council of the City of Cupertino Amending Chapter 14.18 of the Cupertino Municipal Code Regarding Heritage and Specimen Trees." Community Development Director Bob Cowan explained that the Planning Commission recommended preservation of more th~_n oak trees in order to ira.DroVe the quality of the streetscape, particularly in residential areas. He reviewed the recommendations of the Planning Commission, and said that if Council adds trees to the list of protected species, staff will send out a flyer with drawings illustrating the additions to the list. Bumett said he was opposed to including the Coast Redwood because of its large size and shallow wets, and the California Pepper because it is brittle and creates a lot of litter. The public hearing was opened. There were no speakers, and the hearing was closed. Bumett moved to ~ant a Negative Declaration, and to accept the recommendations set forth in Planning Commiss/on Resolution No. $065, with the exception of the Coast Redwood and California Pepper. The trees to be added to the list will be the California Buckeye, the Big Leaf maple, the Deodar Cedar, and the Blue Arias Cedar. Chang seconded and the motion carried 4-0, with James absent. The City Clerk read the title of ordinance No. 1835. Bumett moved and Statton seconded to read the ordinance by rifle only, and that the City Clerk's reading would constitute the first reading thereof. Motion can'ied 4-0 with James absent. 16. Public hearing to consider elimination of the turninS restrictions at Torte Avenue and Rodrigues Avenue. Negative Declaration recommended. - Public Works D/rector Bert Viskovich reviewed the staff report and said that staff recommended that the turning restriction be removed and the situation be monitored to see if there is a substantial adverse impact. S tember 7, 1999Cupertino City Council Page Ms. Paige Kittle, 10224 Danube Drive, Mr. Howard Ashmore, 10224 Danube Drive, and Mr. Albert Hoffman, 10209 Nile Drive, ail spoke in favor of the removai of the turning restriction. Station rea~arked that it would aiso reduce the number of U-tums on Tone Avenue. Station moved to adopt a Negative Declaration, and to direct staff to remove the turning restriction. Chang seconded and the motion carried 4-0 with James absent. Burnett moved to approve the staff' recommendation to reaiove the restriction, and if it is found that a substantiai impact has been created, the City Council may consider re- installing the restriction. Statton seconded and the motion carried 4-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 17. Parking prohibition, on the east side of Stevens Canyon Road, between McClellan and St. Andrews. Enactment of Urgency Ordinance No. 1836, "An Ordinance of thc City Council of the City of Cupertino amending Chapter 11.24.150 of the Cupertino Municipal Code, Parking Prohibition Along Certain Streets, East Side of Stevens Canyon - Road Between McClellan Road and St. Andrews Avenue and Declaring the Urgency Thereof." Public Works Director Bert Viskovich reviewed the staff report and said this ordinance was to prevent truck chivers from parking their trucks on the street, which was causing a line of sight probleai for drivers. The City Clerk read the title of urgency ordinance No. 1836. Bumeti moved and Station seconded to read thc ordinance by title only, and that the City Clerk's reading would constitute the reading thereof. Motion carried 4-0 with James absent. Bumett moved and Chang seconded to enact Ordinance No. 1836. Motion carried 5-0. ORDINANCES 18. Second reading and enactment of Ordinance No. 1834: "An Ordinance of the City Council of the City of Cupertino Approving an Amendment to Title 19, Chapter 19.28 Single Family Ordinance of the Cupertino Municipal Code." Thc City Clerk read the title of the ordinance. Bumeti moved and Station seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0 with James absent. Bumeti moved and Station seconded to enact Ordinance No. 1834. Motion carried 4-0 with Sames absent. ~eptember 7, 1999 Cuper~.o City Council Page 6 STAFF REPORTS Parks and Recreation Director Steve Dowling said that council had received a letter from residents on Christiauson regarding impacts from the recent Art & Wine festival held near the Quinlan center. He said the Chamber of Commerce has been very supportive, and will meet with him to identify the impacts. Recommendations will be taken to tho Parks and Recreation Commission and then to City Council. In response to Burnett's comments about vendor hat'fie on the site, Dowling said that staff has been meeting with the Sheriff's depa~haent, and they will have to take a more organized and punitive approach to controlling the vehicles that are used for set-up and tear-down. Statton asked that the Parks and Recreation Commission consider changes to the front of the park to improve its functionality for such events, as well as considering other suitable sites. He suggested that the Compaq Computer site may be able to include an area for community events. COUNCIL REPORTS Councilmember Chang said he facilitated a meeting last week of the Leadership Cupertino program. They are now recruiting for class members for this program as well as a youth leadership pwgram. Councilmember Burner said the Walkable Communities workshop would be useful information for individuals interested in the leadership pwgram. Bumett also discussed inequ/ties in water conservation from one community to another, and said he would be pursuing that in his various roles in the water district. CLOSED SESSION - None At 7:36 p.m. the meeting was adjourned. · 4pproved at City Council rne~g of 09/20/99.