CC 11-07-00 APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, November 7, 2000
PLEDGE OF ALLEGIANCE
At 2:00 p.m. Mayor Statton called the meeting to order at the Blackberry From Retreat Center,
21975 San Fernando Avenue, Cupertino.
ROLL CALL
City Council mei~bers present: Mayor John Statton, Vice-Mayor Sandra James, and Council
members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: None.
Staffpresent: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation
Supervisor Don McCarthy, Public Works Director Ralph Quails, and City Clerk Kimberly
Smith.
ORAL COMMUNICATIONS - None
STUDY SESSION
1. Proposal from Cupetth~o School District regarding use of Portal School site as a middle
school and joint-use park facility.
Mr. Bill Bragg, Superintendent of the Cupertino Union School District, handed out an
updated copy of the proposal by the school district. He highlighted the report and
discussed funding alternatives, and said they hope to pass a bond election next year.
He reviewed the proposed design and uses. The project architect said they would use as
much of the existing Portal School building as possible. The parking would be realigned,
and the administration building would be altered to include a library. There would be
more classrooms for science, physical education, and electives. There would also be a
70,000 square foot multipurpose gym, as well as areas for soccer, soft, and some track
and field events.
Bragg said that the primary draw for this area would be Collins and Eaton schools, as
well as part of Kennedy. Another option is to make this a neighborhood school, or to
make a portion an alt~Liiative school. The school district would need the city's assistance
in conducting the Waffic planning and traffic studies. They plan to prepare a 3- to 5-year
master plan for the overall project that will cost approximately $17 million.
Oc{oDer l~, ~000 (]uper~no/~{ty {~ouncll Pa~e ~l
Parks and Recreation Supervisor Don McCarthy reviewed a number of itei~s that would
be important to the city. These included a recreation room with restrooms available
outside the building, access to the gym after 4 p.m. and on weekends, soccer fields that
measure at least 70 feet by 110 feet, or a larger gym.
Interim Parks and Recreation Director Carol Atwood addressed several concerns of city
staff including displacement of four city recreation programs that serve more 450 clients
through the after-school enrichment program, summer science, etc. The restrooms would
need to be replaced at a cost of approximately $250,000, and the more active use would
impact the residents. She said that originally the school had requested 2 acres of the park
space and $5.4 million, and asked about the status of the funding request.
McCarthy added that there would need to be a sound barrier between this area and the
neighborhood. Community Development DirecWr Steve Piasecki said that there would
be more traffic on Blaney, so it should be better screened by landscaping, and the parking
lot by the day care center building should be redone.
Bragg said that the district is are not requesting any funds at this time, but they are
requesting that this project be permitted to extend south into the existing park. Although
a big gym was not planned at this time, it may be possible to enlarge it.
Burnett said that giving up that much park area would be a severe loss to the community.
Perhaps the neighborhood will see these changes as a benefit, but typically schools are so
protective of their property that neighbors have not been pe,~,itted to use school
buildings for community meetings, etc. This community needs recreation space available
all the time.
Chang said that that is the school where his children attend, and he agreed with Bumett's
concerns. He was also concerned with the overall impact on the neighborhoods and
traffic. The project is not impossible, but the school district must determine if the
neighborhood will see value in this change. He added that this has been a problem park,
with a non-functioning water feature that is 30 years old. Perhaps the project can address
the park use at the same time. He suggested that the city and the school district work
together to refine the project.
Lowenthal said that the community issue and the neighborhood issue or two different
things. If city would be giving away the equivalent of $2 million dollars in land, there
must be a benefit to the citizens. He felt that the gym was an important feature, and
wished to discuss the potential for district-wide use of school gyms. Bragg noted that the
district was not asking for tho land, only a long*te~m lease. Lowenthal suggested that the
day-care center might be converted to a teen center.
October 16, :2000 Cup,S'mo City Council Page
James said that Council was viewing this as a more controversial project than previous
partnership projects because the school district was presenting a plan that was created
without city input. She felt that a joint use project was a good idea, but that the school
district should work with the city on its plans.
Statton said that support for a ballot measure might be strengthened if traffic mitigation
solutions were included. He preferred a more active park use. He said that it was his
impression that the passion for a large gym had faded, and he liked Lowenthal's idea that
the community have access to all of the school district's gyms. James said that the
community does need more gyms, and the city is also in discussions with the high school
district about the joint use of a new large gym.
Bumett said there is a $400,000 dollar grant available that could be used to encourage
students to walk or ride bicycles. Bragg said that ail of the cities in the area want some
kind of school transport, and perhaps an inter-city route to all schools would help to
address the traffic situation. Statton suggested that an access committee be developed to
discuss ongoing access to joint use areas. James said that this year the city will again be
having qu_a_rterly City Council meetings with the school districts, and the primary issue is
traffic around schools. The council should also take this opportunity to discuss plans for
the remaining portion of the park.
Bragg said that this project had been on a very short time line because they hoped to open
in 2002. Now that they intend to place a school bond measure on the ballot, there is more
time to develop the plans and to be able to work with city staff.
Chang suggested that the school district also get the city's perspective on other possible
Cupertino locations for a middle school, since this site has few selling points for the
community. Burner suggested finding other smaller places where a passive park can be
created to replace the loss of these two acres.
2. Update on proposal by Hunter/Storm Associates for Cupertino Town Center
development.
Mr. Deke Hunter, Hunter-Storm Associates, distributed a modified concept for the Civic
Park and highlighted their proposal. The area currently consists of 12.3 acres of office
and retail uses. This mixed-use development project would increase the density to match
that of the City Center, and would serve as a spine to connect the area to the civic center
and the surrounding businesses. He discussed the traffic flow along Ton'e, Rodriguez,
and Pacifica Avenues, and said this project would feature medical offices, retail,
residential apartments, and corporate offices.
Mr. Vince Lattanzio, Carducci Landscape Architects, discussed the park area of the
project. He said the purpose of this project is to develop a place, not just a single
building. People will use the open space, physical layout, and vehicle and pedes~an
access to arrive at a special area. The open space portion is a major focus and would be
October 16, 2000 Cut er6no City Counc[! Pase 4
large enough to serve as a location for cultural events. There would bca fountain to
create a gateway, and plaques and markers would have information about the history and
future of thc city. A water play area can bc turned on when desired. Bicycles will be
welcomed, with bicycle parking provided at each building and the garage. There are a
number of mature oaks that will be retained.
Mr. John Eller, an architect with Sandy & Babcock International, discussed the aparhuent
buildings, which include mixed uses. The 3-story residential side will face City Hall,
with parking underground lA level. A mixed-use building will be four stories over two
levels of parking.
Hunter discussed parking options and said the parking garage has space at grade for the
civic center. Subterranean parking in the structure could be made available for special
events. He explained that this is basically a "build-to-suit" project and they hope to
accommodate all of the current health services providers.
Lowenthal said that this type of pwject was very much needed, and the concept was
excellent. The city also needs a large meeting wom that could hold as many as 500
people, although it probably could not be addressed by this project. Lowenthal said his
only questions were details about how to attract desirable retail and restaurants, and
whether the developer would be open to subsidies to make that happen. He asked to see
other projects this team had created, because it is critical that this project works from an
urban planning standpoint. Lowenthal added that he would like to have all diagonal
parking, and a water feature at the corner of Torre Avenue. Hunter said there would be
two to three high-end dinner houses, and so far their inquiries have generated a
tremendous response.
Chang said that his if it was really wide enough for community events, and asked if the
developers could provide the list of the types of events they envision could occur there.
Also, he asked what synergy could be created with the library.
Burnett said that he agreed with his colleagues' comments, but his main concern was with
the jobs-housing balance. The overall project would make that situation even worse,
although the City Council may allow it because of the overall benefit to the colnm~mlty.
He would like to see as much housing as possible, as well as a mix of sizes including
some small units. He also suggested that they redesign some of the intersections to make
them more walkable, to make the roundabout work properly, and to add crosswalks. He
said that there is a tendency to lose some of the small businesses as new projects develop,
and hoped theY could find a place for those essential services.
James said that she was excited about the concept, and particularly liked the pedestrian-
friendly driving areas and landscaping. She suggested that they work with the developer
of the City Center Hotel to create a connection to that location. She liked the concept of
the historical markers, and that more retail areas were added to the concept. A number of
restaurants and shops had contacted her about this opportunity, and one was a bookstore.
She agreed with Lowenthal about the need for a large gathering place, and suggested a
October 16, 2000 Cupertino Cit CouncilPage
tent over the city hall plaza area for galas. James asked if any of the housing would be
available for sale. Hunter said that ail the units would be for lease only.
Station said that this is a phenomenal opportunity. The conccptual plan has the dctsils
fight, but it was still missing the point about creating a downtown. TMs project would
create only a small strip. He asked how the adjacent properties would develop, whether
they would be similar in look and feel. Piasecki said that over time there might be
additional alternatives, because the overall area would work very well as a grid.
Station said that this design feels narrow, and asked if the side streets can include
activities such as a club, a theater, or something to create a 24-hour flavor.
Piasecki said that the developer would be modifying the plans taking into account the
Council's direction. At the same time they will begin to work with staff on the traffic
reports, and will shortly be submitting a request for general plan amendment.
James said that one major benefit to the community is the parking garage, which will
save the city fi'om having to build one for the library.
Piasecki clarified that the applicants will identify similar size plazas and building
relationships that have been created in other communities. He suggested a tour of Santa
-- Row, which has similar concepts.
Discussion followed regarding the best way to create a vibrant downtown. Mr. Ed Storm
said it could be dangerous to rely on chains as the predominant retailers. This project is
designed to work very flexibly and can adapt to changing needs. James said she had
never envisioned a traditional downtown for this location and is convinced that it can be
something very unique.
Piasecki said the Library Steering Committee would be discussing ways to make a
connection between this development and the new library.
ADJOURNMENT
At $:00 p.m., the meeting was adjourned to November 14, 2000, in the Cupertino Council
Chambers at 6:00 p.m. for a swearing-in cerei~iony for the new mayor and vice-mayor.
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Mooting
Monday, November 6, 2000
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Statton called the mooting to order in the Council Chambers, 10B00 Torre
Avenue, Cupertino, Califoroia, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council
members Don Burnett, Michael Chang, and Richard Lowenthal. Council members absent: None.
Staffpresent: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Community Development Director Steve Piasecki, Public Information
Officer Donna Krey, Public Works Director Ralph Quails, Planner I Peter Crilli, and City Clerk
Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Proclamations recognizing Optimists' Youth Appreciation Week.
The Presidents of the Cupertino and the DeAnza Optimist Clubs explained that there
would be a ceremony to recognize youth for their distinguished community service, at
which they would be recognizing 40 students who have made a significant contribution to
their community, church, or school. They invited council members to attend the event
which will take place on November 9 at 7:30 p.m. at the Quinlan Community Center.
The DeAnza club selected students from the local high schools who are deserving of the
recognition and perhaps have not been recognized before. The mayor thanked the
Optimists and presented the proclamations.
2. Presentation of a check from the Lion's Club by John Kolski.
John Kolski, President of Cupertino Host Lions Club, noted that at the Fourth of July
celebration, the club gives away flags. However, some people wish to donate funds, and
this year the donations totaled $521.12. He presented the check to be used for the Fourth
of July event next year. The mayor thanked Mr. Kolski and the Lions Club.
3. Report on the Moon Festival by Lucia Wu.
Ms. Wu said she was chair of the 2000 Moon Festival. She reported that the event was a
success, and she thanked the city council and the community for their support. She
referred to the financial statement included in the report and said the proceeds will go
back to tho comm~mlty to improve cross-cultural understanding. From the proceeds of
this year's festival, $1,700 had already been given to the city for the new senior center,
and she present~l an additional $1,100 for that program. Mayor Statton thanked those
who supported the festival.
' ' Novemb~ 6, 2000 /~upert~no/~ty Council ~age ~.
City Manager Knapp presented coffee mugs to council members from the Domestic
Violence Council in recognition of the city's financial support.
POSTPONEMENTS
The following items were removed from the agenda:
21. Public hearing to consider an appeal of the decision of the Community Development
Director to approve a minor modification to application 02-U~67 (removed.from agenda;
will be appealed to the Planning Commission).
22. Public nuisance abatement: Public hearing to consider abating a public nuisance at 10200
Stem Avenue. (removed from agenda; nuisance abated).
WRITTEN COMMUNICATIONS - none
ORAL COMMUNICATIONS - none
CONSENT CALENDAR
The City Clerk corrected the spelling of Kareen Lambert's name in the council reports
section of the October 16 minutes.
Burnett moved to approve the Consent Calendar, items 4 through 20. Chang seconded
and the motion carried 5-0.
4. Minutes: October 16 regular meeting.
5. Accounts payable: October 13, October 20, and October 27, Resolutions 00-262, 00-263,
and 00-264.
6. Payroll: October 13 and October 27, Resolutions 00-265 and 00-266.
7. Treasurer's Budget Report, September 2000.
8. Recommendation from the Telecommunications Commission for approval of public
access grant.
9. Declaring weeds growing on certain described property to be a public nuisance and
setting a public hearing for December 4, 2000, for objections to proposed removal,
Resolution No. 00-267.
10. Reorganizations:
(a) "San Fernando Avenue 00-09," making determinations and approving the
reorganization of te, itory designated "San Fernando Avenue 00-09,"
approximately 0.1704 acre located on the north side of San Fernando Avenue
between Byme Avenue and Orange Avenue; Gu and Zhang (APN 357-15-046),
Resolution No. 00-268.
' ' November 6, :2000 C~uperllno (~ity C~ouncll Page
0o) "Orange Avenue 00-10, "making determinations end approv/ng the reorganization
of territory designated "Orange Avenue 00-10," approximately 0.22 acre located
on the east side of Orange Avenue between Alcazar Avenue and Noonan Court,
Ma and Peng (APN 357-19-005), Resolution No. 00- 269.
(c) "Byme Avenue 00-06," setting date for consideration of reorganization of area
designated "Byrne Avenue 00-06", property located on the west side of Byme
Avenue between Alcazar Avenue and Dolores Avenue, appwximately 0.299 acre,
Owozdz (APN 357-12-031), Resolution No. 00-270.
11. Cupertino Senior Center Project Number 99-9210, Contract Change Order No. 7,
Resolution No. 00-271.
12. Improvement agreements:
(a) 10363 Byme Avenue, APN 357-12-029: Peter Gwozdz and Barbara Gwozdz,
Resolution No. 00-272
(b) 21740 Vai Ave., APN 362-05-023, Nagaraj and Prathima Murthy, Resolution No.
00-273
13. Request for appwpriafion: $30,000 from General Fund to Memorial Park rest rooms,
Project, Resolution No.. 00-274.
14. Adoption of annual goal for Disadvantaged Business Enterprises, Resolution No. 00-275.
15. Authorizing execution of agreement with City of Sunnyvale for traffic signal control and
cost sharing agreement, Resolution No. 00-276.
16. Authorizing submittal of application for grant funds for Environmental Enhancement and
Mitigation Program for the San Tomas Aquino-Saratoga Creek Trail, Resolution No. 00-
277.
17. Authorizing execution of Program Supplement 00S-M1 to Administering Agency State
Master Agreement No. 04-5318 for Federal Aid Projects (traffic signal upgrades on
Homestead and Tantau), Resolution No. 00-278.
18. Resolution of intention to amend the contract with the California Public Employees
Retirement System (CalPERS) and agreement to pool 1959 Survivor Benefits assets and
liabilities, Resolution No. 00-279.
19. Ratification of additional encumbrances and agreement with BSA Architects for the
Cupertino Senior Center.
20. Approving recommendation by the Fine Arts Commission for distribution of the fall 2000
fine arts grants totaling $4,000.
' ' lqovmber 6, :1000 eu. ino City Council Page
Vote M~mb~rs of the City Council
AYES: Burnett, Chang, Sames, Lowenthal, Statton
NO~.S: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR- None.
PUBLIC HEARINGS
21. Public hearing to consider an appeal of the decision of the Community Development
· Director to approve a minor modification to application 02=U-67. The modification is for
the addition of two air conditioning units at a church located at 10270 S. Stelling Road.
The appeal was filed by Luis Yu and Lisa Wong (removed from agenda; will be
appealed to the Planning Commission).
22. Public nuisance abatement: Public hearing to consider abating a public nuisance
(overgrown weeds creating a fire hazard, and a large accumulation of garbage and refuse
discarded on the property) at 10200 Stern Avenue (APN 375-12-002, Patrick McGrath,
property owner), Resolution 00-280 (removed from agenda; nuisance abated).
23. Modification of Title 19, Zoning, of the Municipal Code related to regulations for
basements in single-family homes, applications 10-SP-00 and 16-EA-00. A negative
declaration is recommended, and this item is recommended for approval.
· First reading of Ordinance No. 1863: "An Ordinance of the City Council of the City of
Cupertino Amending Section 19.08 and Section 19.28.060 of the Cupertino Municipal
Code Relating to Basements in Single Family Residential (R-l) Zones"
Planner I Peter Gilli presented the staff report, noting that the bulk of the changes were in
the definitions section, including modifications of the definitions of basement, floor area,
height, lot coverage, and story. In addition, definitions for lightwell (light and ventilation
for excavated moms below grade) and natural grade have been added. A section focusing
on restriction of the number, size, and encroachment into setbacks of lightwells will be
added to the R1 ordinance.
James moved to grant a negative declaration. Lowenthal seconded and the motion carried 5-
0. James moved to appwve the model ordinance attached to the staff report. Lowenthal
seconded and the motion carried 5-0.
The City Clerk read the title of the ordinance. Burner moved and Lowenthal 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.
November/~, 2000 Cuper~no C;~y Counc;1 Page
· '- 24. Local Law Enforcement Block C-rant: hear/ng on proposed use of $22,501 of Public Safety
Block Grant funds for the Public Dialogue Consortium discussion on community safety.
Director of Admirdstrafive Services Carol Atwood reviewed the proposed uses, noting that
the city had received $22,501 in Local Law Enforcement Block Grant funds for the current
fiscal year. A local match of ten percent is required. The use of the funds is restricted to
specific types of program expenditures. Atwood stated that this year's allocation will be
utilized to provide community outreach and neighborhood training. By consensus, council
received the report.
PLANNING APPLICATIONS - None.
UNFINISHED BUSINESS - None.
NEW BUSINESS
25. Re-appointment of Joseph Walton to the Bicycle Advisory Committee of the Santa Clara
Valley Transportation Authority.
Burnett moved to re-appoint Joseph Walton. Chang seconded and the motion carried 5-0.
26. Review Council holiday schedule.
Following review, council concurred to cancel the December 18 and January 2 regular
meetings.
27. First reading of Ordinance No. 1864 regarding bicycle routes on Tantau Avenue and
Bamhart Avenue: "An Ordinance of the City Council of the City of Cupertino Amending
Section 11.08.260 of the Cupertino Mnnicipal Code Relating to the Designation of Bicycle
Routes."
The City Clerk read the title of the ordinance. Bumett moved and Lowenthal 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.
ORDINANCES
28. Second reading and enactment of Ordinance No. 1862, "An Ordinance of the City Council
of the City of Cupertino Amending Chapter 11.24.160 of the Cupertino Municipal Code
Relating to the Establishment of Parking Prohibition During Certain Hours on the West Sidc
of Mary Avenue."
The City Clerk read thc title of the ordinancc. Burnett moved and Lowenthal 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 to enact Ordinance No. 1862. Chang seconded and the motion carried 5-0.
November 6, 2000 Cupertino City Council Page 6
STAFF REPORTS - None.
COUNCIL REPORTS - None.
CLOSED SESSION - None.
ADJOURNMENT
At 7:15 p.m., the meeting was adjourned to Tuesday, November 7, 2:00-4:30 p.m., for a council
study session at the Blackberry Farm Retreat Center, 21975 San Fernando Avenue, to discuss the
use of the Portal School site and the Cupertino Town Center development.