Loading...
CC 08-16-99 MINUTES CUPERTINO CITY COUNCIL ~ REGULAR MEETING Monday, August 16, 1999 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dean 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 Wally Dean, Vice-Mayor John Statton, and Council members Don BurneR, Michael Chan~ 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 Works Director Bert Viskovieh, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS _. 1. Mr. Bill Savage, Director of Facihty Modernization, gave a report on the Fie.,,ont Union High School District master plan. He handed out copies and reviewed the details of the phasing schedules and phasing plans for all five high schools in Cupertino. Mr. Savage said this pwgram was financed by the Measure H bond. He explained that they will be modei~fizing classroom wings over the next six-seven years, and there are 18 projects beginning in March 2000. Mr. Savage said additional infol'mation is available on the District's Web site, and all residents in the ZIP code will receive notice of upcoming community meetings. 2. Yvonne Kelly of the Community Development Depa~h,,ent introduced representatives of the Housing Industry Foundation. HIF had donated energy-efficient appliances, furniture, and much more to the residents of the one of the City's low-income housing projects. Mayor Wally Dean presented a Certificate of Appreciation to thc Housing Industry Foundation in reco~mltion of outstanding support for the Simms House and its residents. Mr. Allen Ingle thanked council for the award and then for the opportunity to help others in the community. 3. Mr. Rich~d Lowenthal, elmirp~son of the Cupertino Bicycle and Pede~ian Committee, explained that Compaq Computer trod won this award for the most bicycle commuters four times out of four. The most recent competition was in May of 1999 during Bike to Work Week. Mayor Wally Dean presented the award to Compaq Computer. Mr. .... Lowenthal said that the plaque would be shared with the employees of Compaq Computer for one month, and then returned to its usual location at City Hall. August 16, I000 Cuperdno (~ity Council Page 2 _ 4. Mr. Stephen Blalock presented the Saratoga/Cupertino K-12 Trip Reduction Program Final Report by ALTRANS (Altzrrmtivc Transportation Solutions). He reviewed the history of the organization that started at San $ose State University to address parking and transportation needs. They now have a staffof 15, which provides traffic safety and trip production services. He discussed their plans to expand the car pool services, provide shuttle bus service for K-12, and to develop more car pool services at DcAnTa College. Mayor Dean presented a "Kermie" award to the City Channel for their work on the video "A Commonsense Appwach to Y2K and Beyond". POSTPONEMR, NTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. David Fong invited the Councilmembers to lead the delegation to Hsinchu City the week of September 22nd, when the Cupertino-Hsinchu Friendship City delegation would visit there. It will be the 170~ anniversary of the construction of the city's gate and wall. He said that a fo~-aal invitation from that city would be sent to Mayor Dean. CONSENT CALENDAR Chang moved to approve the items on the consent calendar as presented, with the exception of iteiii No. 10A, which was tabled. Bumett seconded and the motion carded 5-0. 5. Accounts payable: (a) July 16, 1999, Resolution No. 99-233 (b) July 23, 1999, Resolution No. 99-234 (c) July 30, 1999, Resolution No. 99-235 (d) August 6, 1999, Resolution No. 99-236 6. Payroll: (a) July 23, 1999, Resolution No. 99-237 Co) August 6, 1999, Resolution No. 99-238 7. Minutes: Approval of the minutes of the regular adjourned meetings of July 8 and July 19, 1999, and special meeting of August 9, 1999. 8. Monthly Treasurer's and Budget Report - June 1999. -- 9. Making determinations and approving the reorganization of territories designated: (a) "Greenleaf Drive 99-03," approximately 0.235 acre located on the north side of Groenleaf Drive between Bcardon Drive and Stelling Road; Wang (API~I 326-09- 05), Resolution No. 99-239 Co) "Almaden Avenue 99-04/' approximately 0.228 acre located on the north side of Almaden Avenue between Byme Avenue and Orange Avenue; Lin (APN 357=15= 022), Resolution No. 99-240 (c) "San Fernando Avenue 99-08," approximately 0.207 acre located on the west side of San Femando Avenue between San Fernando Avenue and San Fernando Court; Klm (APN 357-17-003), Resolution No. 99-241 10. Public nuisance abatements: (a) Set public hearing to consider abating a public nuisance regarding weeds at 7855 Festival Drive (APN 362-14-001, C, wan-Ling Deng, property owner), Resolution No. 99-242. (This it~tu was tabled since the public nuisance had been abated). Co) Set public hearing to consider abating public nuisances (weeds, inoperable vehicle, and substandard moo at 19337 Phil Lane, Lida Riverik Resolution No. 99-243. (The public hearing was set for September 20). 11. California Identification System (CAL-ID) - Authorization to execute eleventh amendment to agreement (for FY 98/99) to provide local law enforcei~ent agency access, Resolution No. 99-244. 12. Fee Waiver- Request for fee waiver from the De ,inza College Dance Department for use of the Memorial Park Amphitheater. 13. Improvement agreements: (a) Peter Gwozdz and Barbara Gwozdz, George McCutcheon and Owen McCutcheon, 10351 Byme Ave., APN 357-12-028, Resolution No. 99-245 Co) Rick Simonini, Jack Goodman and Marilyn Goodman, 22032 San Femando Ct., APN 357-12-105, Resolution No. 99-246 14. Quitclaim deeds: (a) Peter Owozdz and Barbara owozdz, George McCutoheon and owen McCutcheon, 10351 Byme Ave., APN 357-12-028, Resolution No. 99-247 Co) Rick Simonini, Jack Goodman and Marilyn Goodman, 22032 San Femando Ct., APN 357-12-105, Resolution No. 99-248 15. Acceptance of city projects performed under conlraet: pavement restoration project No. 99-103, O'Orady Pav/ng. 16. Approving change order #1, O'Orady Paving, pavement restoration, Project 99-103, .- Resolution No. 99-249. 17. Agreement with City of San Jose for overlay on Bollinger Road, Resolution No. 99-250. A.~ust I ~, 1000 Cuverfmo City Council P,,ge 4 18. Authorizing execution of Local A~ncy-State Agreement No. BTA 9/0-1, Bicycle Transportation Account Project, Resolution No. 99-251. 19. Authorization to extend street sweeping contract with Don and Mike's Sweeping, Inc., Resolution 99-252. 20. Program supplet~ients to admi~stering agency-state master agreement No. 04-5318 for federal-aid projects: (a) No. 004-M covering preliminary engineering for traffic signal upgrades on Wolfe Road at Route 280, Resolution No. 99-253 Co) No. 00$-M covering preliminary ell~neering for traffic signal upr~des on Homestead Road at Blue Jay and Tantau Avenue at Vallco Parkway, Resolution No. 99-254 Vote Councilmember~ Ayes: Burnett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 21. Ordering vacation of a portion of a public utility easement, 22362 Regnart Road (continued from July 19 meeting), Resolution No. 99-227. Public Works Director Bert Viskovich reviewed the staff report and said the applicant is requesting abandonment of this eas~t-~ient in order to build a house over the piece of property. There is been no objection from utility companies. Mayor Dean opened the public hearing. There were no speaks~s, and the public hearing was closed, lames moved to adopt Resolution number 99-227. Statton seconded and the motion carried 5-0. PLANNING APPLICATIONS 22. Electronic Security Gates - Public hearing to consider a General Plan Amendment to policies 2-33 and 6-17 regarding discouraging electronic 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) A Negative Declaration is recommended and this item is recommended for approval _ (b) Resolution adopting general plan amendment, Resolution No. 99-255 (c) First reading of Ord. 1833: "An Ordinance of thc City Council of thc City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal Code Regarding Eleclmnic Security Gates" Comm~mity Development Director Bob Cowen reviewed the staff report end highlighted the Planning Commission's recommendations which are: (1) Gates are permitted on single residential lots or if developments meet certain conditions (Mixed use where parking needs to be separate, below grade parking structure, or gates required for funding); (2) Gates on all other developments require meeting one of two criteria (secluded, security reasons) and receiving approval of a fence exception; and (3) General Plan text is amended to discourage electronic security gates and to attempt to standardize aCCeSS. Bumett said he had concvw-~ about the requirement that says that mixed used parking must be separated. One of the advantages of a mixed used is a certain amount of shared parking, because the parking spaces are used at different times of the day. Cowan said it is important that residential units have it least one parking space they can always count on, although thc rest of the parking spaces may bc in the shared pool. Thc ordinance does not specifically address that ratio idea, but it can be included. lames said that in prior discussions, some of the Councilmembers were opposed to gates anywhere because it denotes an unsafe community, but she did not agree with that philosophy, and felt it was an issue of the marketplace. However, this proposed change would allow gates on single residential lots, which seeiiis to be the opposite of prior discussions. If people want a gate on a single-family home, then they should go through a review process. Statton agreed and said he generally was not in favor of gates. They lead to isolation and give a wrong impression of thc community. As long as there is an exception process available, he felt the single-family homes should also be excluded. Bumett agreed with Statton's suggestion. Chang said that he would like to have the ordinance include the explanation for separated parking in mixed-use areas. City Manager Don Bwwn clarified that this o~inance would not pertain to decorative fences or gates, it only applies to electronic gates. Sames moved to continue this item and to direct staff to come back with an amended ordinance. Bumett seconded and the motion carried $-0. .~ugust 14,/~0~ C'~upei~o C~ty Coune~! Page 23. R-1 Ordinance - Public hearing to consider thc following Am~Ddm~ltS tO Chapter 19.28 of the Cupertino Municipal Code: (1) Applying the Residential Hillside Standards to the R-1 zoning districts for development on slopes greater than 30 percent. A Negative Declaration is recommended and this item is recommended for approval. (2) Requiring tree planting in fi*ant and side yards for new development. A Negative Declaration is recommended and this item is recommended for approval. (3) Establishing design standards to address blank walls facing the street. A Negative Declaration is recommended and this item is recol~mended for approval. (a) First reading of Ordnance 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" Community Development Director Bob Cowan reviewed the staff report items, which included the following: (1) RHS development standards for steep R-1 zoned properties. Will apply to properties with slopes of 30% or greater, and they will have to abide by the most restrictive regulations of both the R-1 and the RI-IS zones. (2) Privacy protection ordinance modifications. Will require tree planting in the front yards of new two-story homes or additions, unless there is a conflict with the canopy of existing public street trees. Cowan noted that in practice its difficult to have effective tree screening in a 10- foot sideyard setback, so the recommended solution is to require a high sill or obscure glass. This does not preclude the property owner and neighbor from reaching an agreement to allow clear glass. If the side yard is more than 10 feet wide, the property owner will have the option ofputtlng in trees or modifying the windows. (3) Design standards will require that blank walls facing the public street include wall articulation, second-story offsets, trellises, etc. Mr. Dean Sayre, Stevens Canyon Road, said there was a lot of talk about efforts to keep "trophy houses" off the ridge lines, as well as atteiiipts to reduce visual pollution such as si~c,n.~ and the line-of-site issues associated with second-story houses and additions. However, regulation is needed to protect the views of property owners and council is ignoring that aspect. Mr. Sayre said he built his home 40 years ago, and had a view from Los Gates to the East and of the Dumbarton Bridge. In the ensuing years there been three walls of trees planted in his area alone. Some were eucalyptus and have blown over, but even the few remaining blocked his view. Mayor Dean said that the trend in housing now is to const~-tlct homes far larger than the original house on the lot. Council is trying to address these problems with the new regulations, but the law also protects the individual rights of the property owners. Council cannot deny individuals the right to build second-story homes. - James moved to grant the Negative Declarations. Bumett seconded and the motion carried 5-0. August I ~, 1/)/){) (~upert~no (~ity Council Page 7 lames moved to approve the application per Planning Commission Resolution No. 5060. Burner seconded and the motion carried 5-0. The City Clerk read thc rifle of Ordinance No. 1834. Sames moved and Bumett seconded to read the ordinance by tire only, and that the City Clerk's readin~ would constitute the first reading thereof. Motion carried $-0. UNFINISHED BUSINESS - None NEW BUSINESS 24. Designation of the voting delegate for thc League of California Cities annual conference. Burnett moved to designate Mayor Wally Dean as the voting delegate and Vice Mayor John Station as the alternate. Chang seconded and the motion carried 5-0. 25. Status report on thc City's Y2K plan. Administrative Services Director Carol Atwood discussed the city's internal preparedness efforts, including an emergency plan and asses~i~ent of the city's facilities, equipment, vehicle fleet, traffic control systems, and cash numagement system. They are also world~g with external agencies including County Fire, Sheriff, and 911; water -- companies, and Pacific Gas and Electric. The city is urging that citizens follow a common-sense approach to individual preparedness, including sufficient emergency supplies for about a week, and to take advance of free preparedness training offered through the Cupertino Emergency Response Training (CERT). The Emergency Operations Center will be on standby status, and employees will participate in a tabletop drill later this year. She said that all critical systems have been assessed and necessary modifications done, and thc city will be Y2K ready before the end of the year. Public Info~mation Officer Donna Krey said the public information was being provided to the community through the Cupertino Scene, media reports, a brochure di~Ulbuted city- wide, the city's Web site, a 40-minute progrsm by the City Channel which is aired frequently, and a series of "Y2K minutes" which are also aired throughout the day between other programs. Station asked for information on how to address the needs of people who are flail or elderly, or those with disabilities who may be isohted in an emergency situation, and whether there was a way for th~m to identify themselves as needing to be checked up on. Atwood said that the city expected the 911 system to be avalhble to them in case of emergency, but there is currently no inventory of at-risk residents unless they are residing in one of the private care facilities. The City Clerk said there is an out-reach program to at-risk populations through the governor's office. Bumett said the organized neighborhood groups are the best means of identifying people who have special needs in their neighborhood. l&, C pertino City &uneil Pa e 26. Bid opening and award of contract - De ~,n~a Boulevard and Stevens Creek Boulevard Arterial Management Project. Public Works Director Bert Viskovich reviewed thc staff report. James moved to award the installation contract to Freeway Electric, Inc., in the amount of $80,400 (base bid pins alternates B and C) and award the material acquisition contract to Western Pacific Signal in the amount of $66,525.00. Bumett seconded and the motion carried $-0. ORDINANCES - None STAFF REPORTS 27. Report on options for Creston area annexation. Community Development Director Bob Cowan reported that the city participated in the "Urban Pockets" program to develop incentives to imple-~ent the county's objective of annexing county islands into cities. The project concentrated on the Monta Vista, Garden Gate, and Rancho Rinconada neighborhoods. The Creston neighborhood was not included in the/nifial effort becanse a lack of redevelopment activity and complications from the fact that it has a Los Altos address. This property is in the Cupertino sphere of influence and urban service boundaries. Redevelopment activity is now increasing, and staff is requesting policy direction from council. He reviewed the options, which included (1) no annexation; (2) annexing all at one time; and (3) annexing incrementally, or annexing incrementally following a change in address. Discnssions with the Post Office indicate that cnstomers have a very strong voice in the decision about their addresses, and staff does not expect the Creston residents to be cnthnsiasfic about volunteering to switch to a Cupertino address COUNCIL REPORTS Sames reported that she had attended a loint Venture Silicon Valley workshop on Int~,,,et clnsters, taxation, point-of-sale etc. She also attended the California Cities redevelopment conference. She mentioned that the celebration for the opening of E-O~line Inc. was well done and was an excellent start introducing this new company into the community, lames sa/d that the art and wine festival, Taste of Cupertino, and Shakespeare Festival perfo,manco all happened this weekend. She offered her congratulations to Steve DowlinE and Diane Snow of thc Parks and Recreation department, which had been selected as a grant recipient for funds from the Cupertino Rotary Club. Chang reported that he and Mayor Dean had attended the Chinese-American tournament of athletes. August 16, 1999 Cupert/no City Council Page 9 Statton said that he had also enjoyed the welcome for E. Online Inc. and the Shakespeare performance. RECESS At 8:40 p.m., Council recessed and reconvened as the Redevelopment Agency. At 1/:42 p.m., the Redevelopment Agency recessed and Council reconvened. CLOSED SESSION At 8:45 p.m. Council recessed to a closed session to discuss the following it~-~s: (a) Negotiations for purchase, sale, exchange, or lease of real property - Gowii~ment Code Section 54956.8: fire station property at the comer of Vista Drive and Stevens Creek Boulevard. Co) Labor negotiations - Government Code Section 54957.6. At 9:15 p.m. Council reconvened in open session. The City Attorney snnounced that with respect to the lease of the Central F/re District property, it was decided in closed session to accept the offer of the county through the P. nshallzh Real Estate Consulting Development finn, as descr/bed in the letter dated July 20, 1999. James moved and Bumett seconded to accept the offer. The motion carried 4-1 with Mayor Dean voting no. Regarding the labor negotiations ite~, Bumett move to approve staffs recommendation to pwvide a car allowance for certain designated ~,-ployees. James seconded the motion carried 4- ! with Statton voting no. ADJOURNMENT At 9:16 p.m. the meeting was adjourned to Monday, August 30, at 6 p.m., at the Quinlan Community Center, 10185 North Stelling, to discuss the preliminary design review of the proposed Vallco redevelopment. City Clerk ____ ~ NOTICE OF CANCELLATION CITY COUNCIL cIrg o~ REDEVELOPMENT AGENCY CUPEPxTINO PLANNING C0.MMISSION NOTICE IS HEREBY GIVEN that the joint meeting of the Cupertino City Council, Redevelopment Agency, and Planning Commission called for August 30, 1999, has been cancelled. A joint meeting to discuss the Vallco Redevelopment project Will be reseheduled at a later date. Dated this 25 day of August, 1999. Kimberly Smith~,(Tit~ Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss. CITY OF CUPERTINO ) Kim Smith, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk and that on ~[,,75ff['~ , she caused the above notice to be posted near the door of the Cupertino City Hall located at 10300 Torte Avenue, Cupertino, California. Kimberly Smitl(~42ity Clerk Cupertino, California MINUTES CUPERTINO CITY COUNCIL ~ SPECIAL MEETING Monday, August 9, 1999 6:00 p.m. PLEDGE OF ALLEGIANCE At 6:00 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 member Sandra James. Council members absent: Don Burner and Michael Chang, Staff present: City Manager Don Brown, City Attorney Charles Kilian, and City Clerk Kimberly Smith. ORAL COMMUNICATIONS None. NEW BUSINESS 1. Hazardous vegetation- hearing to receive objections regarding assessments for removal of weeds. Resolution No. 99-232. Mayor Dean asked for comments or objections regarding the assessments. There was no input, and the hearing was closed. James moved to adopt Resolution No. 99-232 directing the County Fire Marshal to enter on the County Assessment Roll the lien assessments for the abatement of hazardous vegetation. Statton seconded and the motion carried 5-0. ADJOURNMENT At 6:06 p.m. the meeting was adjourned.