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CC 08-21-00 APPROVED MINUTES CUPERTINO CITY COUNCIL Re.dar Meeting Monday, August 21, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton 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 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, City Plarmer Cynthia Wordell; Associate Planner Colin Jung; Planner I Peter G-illi; Public Information Officer Donna Krey; Public Works Director Bert Viskovich, and City Clerk Kimberly Smith. Redevelopment Counsel: Nicky Murphy. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Joe Adamo of Millennium Flag for Cupertino trails. Mr. Adamo said that at a Millennium Celebration conference in June at the Presidio in San Francisco, one of tho Millennium Flags had been designated for the De Anza Trail, one of only 16 trails to receive this honor. He hoped that. the city could arrange for a flag- raising ceremony in the near future, and said he would coordinate that with the city manager's office. He introduced a gentleman who was wearing the unifoiia of the Spanish Cavalry of 1776, which were the men who had been commanded by Juan Bautista De ~n~a. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Michael McNutt, 10368 Westacres Drive, said that he had c'uculated a petition in his neighborhood requesting a speed bump, and he talked about the dangerous driving practices that he had observed. He was later told that funding was no longer available. Public Works Director Bert Viskovich he would insure that the speed bump would be installed. August Ill, 1000 Cupertino Cit Council Page CONSENT CALENDAR James moved to adopt the items on the Consent Calendar as recommended. Lowenthal seconded and the motion carried 5-0. 2. Minutes: June 19 and July 17 regular meetings, July 27 special meeting, and the August 8 regular adjourned meeting. (The City Clerk distributed p. 6 of the Suly 17 minutes, wkich had been omitted from the packet). 3. Accounts payable: July 7, July 14, July 21, July 28, August 4, and August ll, Resolutions 00-21 l, 00-212, 00-213, 00-214, 00-226, and 00-227. 4. Payroll: July 21 and August 4, Resolutions 00-215 and 00-216. 5. Treasurer's Budget Report, June 2000. 6. Approving destruction of certain records (Planning and Building), Resolution 00-217. 7. Review of application for Alcoholic Beverage Control license for Delta Bowl (Homestead FFC Inc.), 20990 Homestead Road. -- 8. Proposed sixth amendment to adjust Hazardous Vegetation Management Program fees - 2000/2001 season, Resolution 00-218. 9. Rescinding Resolution No. 98-033 and adopting the COnflict of Interest Code of the City of Cupertino for officials and designated employees, Resolution 00-219. 10. Request from Cupertino Host Lions Club for waiver of use fees for one fund raising event scheduled at Blackberry Farm, Thursday, August 17, 2000, and one to be held at the Quinlan Community Center, Sunday, September 17, 2000. 11. Public nuisance abatement: Set public hearing to consider abating a public nuisance (overgrown foliage obstructing the sidewalk and street, an appliance, broken equipment, and litter in the front .yard and driveway) at 7535 Normandy Way (APN 366-11-151, William and Elena Kettler, pwperty owners), Resolution 00-220. 12. Leadership Cupertino/Tomorrow's Leaders Today: (a) Authorizing execution of sponsorship agreement between and among the Cupertino Chamber of Commerce; the University of California, Santa Cruz; and Foothill De Anza Community College District to share equally in liability for 2000/01 (b) Authorizing execution of contract with Darryl Stow for Executive Director, .- leadership Cupertino (c) Authorizing execution of contract with Barbara Nunes for Executive Director, Tomorrow's Leaders Today August 21, 2000Cul ertino City Council Page (d) Authorizing execution of contra~t with 13ail Sermen for Executive Director, Tomorrow's Leaders Today 13. Acceptance of municipal improvements (documentation not required): (a) Fazlottah/Jessiea Behesfi, 10707 Santa Lucia, APN 342-17-094 (b) Alan K. Yuen & Meekie Y. Cheung, 22277 Crescent Road, APN 326-16-084 (e) Thomas D. & Stephanie L. Downey, 10192 Peninsula Ave., APN 326-22-023 (d) Chandravadan N. & Am'ti C. Patel, 10220 Dubon Avenue, APN 342-14-051 (e) Anne & Philipe Dor, 22525 Balboa Road, APNs 342-18-032, 033, 034, 035 14. Acceptance of city project performed under contract (documentation not required): McClellan Road School Zone Pedestrian Safety Improvements, Project 2000-01. 15. Cupertino Senior Center Expansion, MeCrary Construction, change order no. 5, Project 99-9210, (agreement 00-004), Resolution 00-221. 16. Modification of agreement with Tally's Enterprises (# 99-068) for curb, gutter, and sidewalk work, Resolution 00-222. 17. Improvement agreement with G. B. Estate Homes, 10322 N. Stelling Road, APN 326-30- 089, agreement 00-090, Resolution 00-223. 18. Authorizing participation in the "Spare The Air City and County" Campaign, Resolution 00-224 (The staff report on this project was distributed at the meeting). Vote Council members · Ayes: BurneR, Chang, James, Lowenthal, and Statton Noes: None Absent: None Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 19. Hossain Khaziri, Application 4-Z-97, 5-U-97, 7-TM-99, 14-EA-97, and 32-EA-99. Request to consider rezoning APN 326-02-051 located at 22020 Homestead Road to P (Res) Zone, a use permit to demolish a vacant service station and construct 7 single family residences, and a tentative map to create 7 lots. Negative Declarations are recommended, and this item is recommended for approval. Continued from July 1Z (a) First reading of Ordinsnce No. 1852: "An Ordinance of the City Council of the City Of Cupertino Approving the Rezoning of a 0.96-Acre Lot From P(Cg) to P(Res) Located At 22020 Homestead Road". August 21, 2000 Cu rtiuo Cit Council l%e I Associate Planner Colin JunE reviewed thc staff report, stating that at a previous meet/nE thc applicant had been d/rected to reduce the average floor area ratio (FAR) fi~m 49% to 45%. He said the reason the corner house on Lot 7 was to be moved 8 fi. closer to Homestead was that the Planning Commission wanted a uniform frontage along Homestead Road. The Planning Commission also recommended that they go through an additional architectural and site approval for Lot 7 and Lot I to make sure there is a frontal facade on Homestead Road Maxine Drive. Piasecki said the applicant originally had placed the house farther back from the street. If Council preferred that option, he would recommend it also be done on maxine Drive for consistence, and it would create an opportunity to provide an attractive landscape buffer around this project. He said it would be staff's job to ensure that the applicant meets the 45% overall FAR. If there is a major disagreement, it would go back before the planning commission and the council. Sung said that thc staff's original recommendation was for a 20-foot setback and the planning commission had recommended a reduction to 12 feet, which would create a much larger yard space. Mr. Michael Aminian said he was speaking on behalf of his partner, Mr. Mike Khaziri. He said they had met with their architect and had given him direction to reduce the plans to a 45% FAR recommended by the council. He mentioned that this was the fourth winter that the application had been filed with the city, and it had been difficult site in te.~llS of environmental and other issues. They would like get the project done as quickly as possible. Jung noted that the enviommental issues were not completed until April of this year, and at that point the applicant was able to move forward on the development. BUrnett moved to approve application 4-Z-97 per Planning Commission Resolution 6037, with an amendment to change the setback from Homestead back to 20 feet. James seconded, and the motion carried 5-0. BUrneR moved to grant a negative declaration. Lowenthlfi seconded, and the motion carried 5-0. Bumett moved to approve applications 7-TM-99 and 5-U-97 per Planning Commission Resolutions 6038 and 6039, with an amendment to change the setback from Homestead back to 20 feet. Chang seconded and the motion carried 5-0. 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. Augm 21, 2000 2upe no 2oundl l age 3 20. Public hearing to consider the appeal of two conditions of the Planning Commission approval of application 09-U-00, filed by Wayne Y. Gong. The application requested a use permit to add 1,120 square feet to an existing shopping center and modify the exterior of the buildings. City Planner Cynthia Wordell reviewed the staff report, and a video roil=in was shown describing the project. Mr. Gong was appealing the Planning Commission decision regarding sign illumination and a planter box. Wordell described the alternative lighting solution preferred by Jr. Gong, and said the Planning Commission approved spotlights instead. Regarding work hour restrictions, the condition approval says that a plan will be worked out to assure that the adjacent property owner's concerns are met. Wordell said there is not a significant visible difference between the two kinds of planters, she said it was not significant. What Mr. Gong is suggesting a low shrub, and the commission's preference was for a more architectural feature such as stucco planters. Piasecki said he agreed with Lan'y Cannon that the externally illuminated signs would be a more aih~ctive approach, but the internally illuminated sign is a very conventional approach which has been used throughout the community. Mr. Wayne Gong, appellant, said the planter indicated on the early drawings was intended as a curb with a low bush or shrub. He wanted thc lighted sign to conform to the signagn of the nearby shopping center, which he hoped to consolidate eventually with this one. Bumett said that he preferred the raised planter and spot lighting to make this center more distinctive and attractive. Chang supported the applican'ts request and felt this shopping center shouldn't be singled out for changes in the sign lighting. James agreed that the applicant shouldn't be mandated to put in spot lighting, but should be encouraged to do so because it would be more attractive. She also preferred the raised planter. Lowenthal supported the raised planter to help hide the dumpster area. He suggested that the city develop some new guidelines for signage rather than making those changes in a haphazard way. He supported the Planning Commission's decision, but was concerned about the method, and felt that new guidelines would help to address other centers as they were improved. Statton liked the raised planter and preferred the spot lighting, but understood the applicant's desire for consistency. lu ust /)00 C upert no C ounc;.1 Page ' James moved to deny thc appeal and uphold the Planning Cor~m~ssion decision regarding the requirement for a raised planter. Burnett seconded and the motion carried 4-1 with Chang voting no. James wanted to encourage the applicant to use the indirect lighting. She moved to uphold the appeal regarding lighted signage, and directed that Condition No. 5 be modified to eliminate the first sentence, and to modify the second sentence to say that the sign may be internally illuminated, but that it may also have up or down spot lighting, and that this item will be sent to the Design Review Committee for final approval. Chang seconded and the motion carried 3-2 with Lowenthal and Burnett voting no. PLANNING APPLICATIONS 21. R-1 ordinance review (application 07-SP-00): One year review of the R-1 ordinance to determine if it has had a positive effect on reducing building mass and better integrating new construction and modifications into neighborhoods. PLant,er Pcter C-illi rcvicwed the staff report and showed a chart highlighting the changes made to the R-1 ordinance. Burner said it was his intention that glass block would be acceptable as an obscure window treatment because it prevents privacy intrusion and provides light. Lowenthal moved to (1) Authorize modifications to the R-1 Ordinance, as outlined in the staff report and in the minute order, including staff-level approval of two-story homes under 35% floor area ratio to allow for the design guidelines to be applied in order to reduce mass and bulk; and (2). Authorize staff to waive review by the architectural consultant for minor residential additions that require approval by the Design Review Committee. Sames seconded, and the motion carried 5-0. 22. Wireless Communications Facilities Master Plan (Application 09-SP-00): Budget allocation. Associate Planner Colin Jung reviewed the staff report and said that the planning commission requested the amount of $35,000.00 to pay for consulting services and contingencies related to the preparation of a Wireless Communications Facilities Master Plan. These consultant services will include outside expertise on various aspects of the plan, information on independent industry sources, and consultation on overall plan development. Costs will be recovered through antenna application fees. He said as part of the plan, the city would be going to the carriers and asking where they fred gaps in their coverage and whether those can be accommodated. · ~ Council members agreed that the issue needed to be looked at from the viewpoint of both adequate coverage and aesthetics. August 21, 2000 Cupertino City Council Page 7 Jmes moved to approve a budget of $35,000.00 for consulting services for the Wireless Communications Facilities Master Plan. Chang seconded, and the motion carried 5-0. UNFINISHED BUSINESS - None NEW BUSINESS 23. Appointment(s) to Bicycle and Pedestrian Advisory Committee. City Clerk Kimberly Smith presented the staff report. Philip Underwood talked about his interest in serving on the committee. Council members thanked him for the work he had already done. Lowenthal moved to appoint Mr. Philip George Underwood to the vacant position on the Bicycle and Pedestrian Advisory Committee. Burnett seconded, and motion carried 5-0. 24. Clarify council intent regarding funding (loan vs. grant) awarded to Cupertino Community Services (CCS) for affordable housing project. Continued from July 17. Lowenthal said that a letter received by council on this topic was in conflict with an oral conversation, and he asked that this matter be tabled. By consensus, council tabled the matter. 25. Park dedication fees, first reading of Ordinance No. 1853: "An Ordinance of the City Council of the City of Cupertino Amending Chapters 14.05 and 18.24 to Clarify Park Maintenance and Dedication Fees." Public Works Director Viskovich explained that the purpose of the ordinance was to bring consistency to the way the fees were collected. The City Clerk read the title of the ordinance. Bumett moved and Lowcnthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried $-0. 26. Approval of revised 2000/2001 Capital Improvement Program (CIP), Resolution 00-225. Administrative Services Director Carol Atwood reviewed the staff report. Bumett talked about the $2 million cost for widening Stevens Canyon Road and said he was reconsidering his recommendation to proceed at this time. Instead, he suggested that staff explore thc amount of money which would be returned to the city as other property .- owners develop their properties and repay the city for their share of the widening. The project could go out for bids this winter, and Council could econsider the widening project again in thc spring. Viskovich said staff would come back to council with the reimbursement the city will receive before the project is advertised for bid. Au nst 21,11000 / upertino/ it / oundl Page In the meantime, maintenance will continuein that area to prune shrubs and clean the shoulder of the road. Council discussed the possibility of signs waming that the road is shared by bicycles and trucks. Viskovich said the $5 million in the capital improvement projects budget was not funded in order to alert council that the existing library is going to need some money to keep it going. Burnett moved to: (1) Approve the five-year CIP budget as is with the stipulation that staff not go out to bid on the Stevens Canyon Road Widening project until the Council has approved the project based upon the amount to be reimbursed to the city and the estimated costs of construction at that time. When that information is available, Council can cut the project or proceed with the bidding process; and (2) Strike the $5 million from the unprogrammed category of the library CIP budget. James seconded and the motion carried 5-0. 27. General Fund Reserve policy based on Council discussions on August 8, 2000. Administrative Services Director Carol Atwood reviewed the staff report. Lowenthal moved to adopt the following policy for the general fund and CIP reserves. Burnett seconded, and the motion carried 5-0. · Economic Uncertainty - maintain 8-10% of general fund operating expenditures, or approximately $2.5 million. · Disaster Preparedness - maintain $7.5 million. · CIP base - maintain $5 million for acquisition of land for future CPUs. · CIP 5-year funding plan - transfer all access reserves over the $15 million noted above and general fund net income each year to the CIP fund for appropriation of current and future capital improvement projects. 28. Review of bids and award of contract for fuel tank replacement, project 2000-104, (Agreement 00-091). Viskovich said that even though only one bid was received, staff felt it was a reasonable one, and they recommended awarding the contract to the sole bidder. Lowenthal moved to award the contract to the sole bidder, Technology, Engineering and Construction, Inc., in the amount of $154,$00.00, and authorize 9% contingency for a total project of $168,405.00. Chang seconded and the motion carried 5-0. August 21, 2000 Cupert'mo City Council Page ORDINANCES 29. Second reading and enactment of Ordinance No. 1850: "An Ordinance of the City Council of the City of Cupertino, California, Approving and Adopting the Redevelopment Plan for the Cupertino Vallco Redevelopment Project". Ms. Nicki Murphy, Redevelopment Counsel, said this ordinance was the final step in the process leading to the adoption of the redevelopment plan for the Cupertino Vallco Redevelopment Project. She said council may hear additional comments on this item. However, their decision must be based on and limited'to the evidence presented prior to or at the public hearing that was held on June 19, 2000. The city clerk read Ordinance No. 1850 by title. Mr. Jim Eller, attorney with Bryant, Clohan, Eller, Maines & Baruh, said he was representing Leo Cassetfi on behalf of the Cassetti Family Trust, and also representing Westfield. He said he disagreed with legal counsel, and said the city council could make their decision on any information they have before them whether or not they obtained it in the public hearing. He said they also had the fight to reopen the public hearing if for some reason they wished to take in further information. He asked that they consider reopening the hearing and having the EIR withdrawn at this time. He said the California Appellate Court has said that in order to do an EIR for a redevelopment project, you should do a project EIR, but this one was a program EIR. He said since there is no project ready to start, the City of Cupertino has the luxury to take additional input. Another reason to consider his request was that the KMA Report which says that after spending $70 million on the center, they will only be able to achieve rents on an annual basis of $25 a foot. He said those rents do not exist in this valley any more, they certainly don't exist in Cupertino, and they don't exist in a regional mall after it's been rehabilitated with more than $70 million. Mr. Eller said he had submitted correspondencewhich talks about faulty traffic analysis and that adding over 200 peak hour trips was not taken into consideration. He noted that they had done a lot of work to date, and while it was good work, some of it was out of date and some of it was inaccurate. He urged them to consider that before going forward on a decision that may be based on inaccurate and unsupportable infox,ixafion. In answer to Mayor Statton's question regarding a mall in Sacramento, owned by Westfield, that benefits from redevelopment money, Mr. Eller'said he was not aware of one. Bumctt 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 and Lowenthal seconded to enact Ordinance No. 1850. Motion carried 5- 0. August 21, 2000' Cup no City Counell Page 10 STAFF REPORTS - N~ne CLOSED SESSION At 8:10 p.m., council recessed to a closed session to discuss the following items: 1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 - 10346 Scenic Boulevard. 2. Pending litigation - Government Code Section 54956.9(a) - Nemetz vs. City of Cupertino 3. Significant exposure to litigation - Government Code Section 54956.9(b)(1) - Paul Fong and Grace Mock vs. Cupertino Community Services (CCS) At 8:45 p.m. Council reconvened in open session. The City attorney Anuounced that Council had given direction to their representatives on these three items. COUNCIL REPORTS Burner said that at the Sport Center Committee meeting; staff reported on their study of what could be done with $2 million in terms of a new building. They concluded that the building would be so small it wouldn't make sense, and given those cost constraints it would make a lot more sense to try and rehabilitate the current building. He had a list of additional uses to be considered which were sport center related, including a child care room, a game room, and a massage room. The objective is to try to increase the attractiveness of the center as a fitness center while maintaining the tennis center. He said they would be keeping the racquetball/handball courts and perhaps adding basketball and table tennis. He said they might want to consider a two-tiered system such as that used by some of the centers they had toured, in which the tennis fees were higher than the fitness fees. Cupertino's costs for tennis were very competitive, but the fitness center fees were not. ADJOURNMENT At 8:50 p.m. the meeting was adjourned to 5:00 p.m., Tuesday, September 5, for interviews of applicants for the Parks and Recreation Commission.