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CC 07-17-00 APPROVED MINUTES CUPERTINO CITY COUNCIL - Regular Meeting CUPERTINO REDEVELOPMENT AGENCY - Regular Meeting Monday, July 17, 2000 CITY COD-NCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Vice Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Vice-Mayor Sandra James, and Council members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: Mayor John Statton Staff present: City Manager Dave Knapp, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecld, Public Information Officer Donna Krey, Public Works Director Bert Viskovich, Recreation Supervisor Christine Hanel, Associate Planner Colin Jung, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS James introduced the new City Manager, David Knapp. 1. Report from Godbe Research and Analysis on 2000 Community Satisfaction Survey. Dr. Amy Flower, Brian Godbe, and Tim McClamey gave a PowerPoint presentation highlighting their findings and presented council members with a synopsis of the results. She said that the survey was done by making random telephone calls to 400 adults. This was a similar to the methodology used in the survey conducted in 1998. Chang asked for statistics on crime rate and ethnicity. Council received the report. POSTPONEMENTS The City Clerk announced that Item 11, Adz. ich Properties, application 16-U-98, was withdrawn; Item No. 7 was amended to show correct addresses; and item No. 18 was continued. She clarified that the public hearing on the Redevelopment Agency public hearing on Vallco was closed on June 19, and no further public input would be received on that item. WRITTEN COMMUNICATIONS - None July 17, 9000 C'Xupertlno City Council and Page 2 Cupertino Redevelopment Agency ORAL COIVIIVIUNICATIONS -- None. CONSENT CALENDAR Bumett moved to adopt the consent calendar with corrections to Item #7. Chang seconded and the motion carded 4-0. 2. Minutes: June 5 regular meeting and June 15 regular adjourned meeting. 3. Accounts payable: June 16, June 23, and June 30, 2000 - Resolutions 00-198, 00-199 and 00-200. 4. Payroll: June 23, and July 7, 2000 - Resolutions 00-201 and 00-202. 5. Treasurer's Budget Report, May 2000. 6. Authorize City Attorney to defend Cupertino Community Services with respect to a potential claim related to administration of the City's houshag program, Resolution 00- 203. 7. Make determinations and approve the reorganization of territories designated: ~ (a) '~tJpland Way 00-03," approximately 2.836 acres located on the north side of Grenola Drive between Flora Vista Avenue and Ann Arbor Drive; Lieu and Chen (APN 326-28-009), Resolution 00-204. Th/s item was corrected to read "located on the west side of Upland Way between Rainbow drive and Upland Way; Wang Co) "Grenola Drive 00-02," approximately 0.215 acre located on the north side of San Femando Avenue between Byme Avenue and Orange Avenue; Wang and Yen (APN 357-15-048), Resolution 00-205. Th/s item was corrected to read "located on the north side of Grenola Way between Flora Vista Avenue and Ann arbor Drive; Lieu and Chen (,di°N 326-28-009)" (c) "Alcazar Avenue 00-08," approximately 0.183 acre located on the south side of Alcazar Avenue between Orange Avenue and Imperial Avenue; approximately 0.183 acre, Bmffy and Eastman (APN 357-19-012), Resolution 00-206. 8. Change order No. 4, Cupertino Senior Center Expansion, Project 99-9210, McCrary Construction Company (agreement 00-004), Resolution 00-207. 9. Accept of municipal improvements (no documentation required): (a) Surinder Singh, 10633 Johansen, APN 375-37-059 Co) Alan and Cheung Meekie Y. Yuen, 22277 Crescent Road, APN 326-16-084 (c) Orchard Court, 10036 Crescent Road, Lot 5, APN 326-17-031 ._ (d) CTL Engineering, 20697 Garden Gate Drive, APN 326-33-017 (e) Peter Tan, 10472 Johnson Avenue, APN 375-26-043 (f) Sandra Lee, 19010 Bamhart, APN 375-37-041 July 17, 2000 Cupertino City Council and Page 3 Cupertino Redevelopment Agency (g) Rick Simonini, Sack Goodraan and Marilyn Goodxnan, 22032 San Fernando Court, APN 357-12-015 (h) Qingyu Li and Xianing Zhn, 1554 Santa Lucia Road, APN 342-16-040 (Grading only) (i) Partial acceptance of various O'Bfien Group projects at Oak Valley: · On-site grading-Unit 5, Area 1, Tract 9077; Unit 1, Area 2, Tract 9054;Unit 2, Tract 9075; Unit 3, Neighborhood 4, Tract 9076 · Park Improvements-Unit 1, Neighborhood 2, Tract 9054 · $oint Trench Improvements-Unit 2, Neighbor-hood 3, Tract 9075; Unit 4, Neighborhood 1, Tract 9077; Unit 5, Neighborhood 1, Tract 9078; Unit 1, Neighborhood 2, Tract 9054; Neighborhood 4, Tract 9076 10. Quitclaim deed, Hugh Freeman Jackson Sr., Trustee of the Sackson Family Trust, Children's Trust, created under the Agreement dated December 22, 1988, APN 326-50- 063, Resolution No. 00-208. Vote Council members Ayes: Bumctt, Chang, James, and Lowenthal. Noes: None Absent: Statton Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None. JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY ROLL CALL At 7:20 p.m. Vice-Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. City Council members present: Vice-Mayor Sandra Jemes, and Council members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: Mayor John Statton. Redevelopment Agency members present: Vice-Chair Sandra James, and Agency members Don Burnett, Michael Chang, and Richard Lowenthal. Redevelopment Agency members absent: Chairman John Statton. Staff present: David Knapp, Acting City Manager, Carol Atwood City Administrative Services Director and Finance Director of the Agency; Charles Kilian, City Attorney and General Coungel to the Agency, Community Development Director Steve Piasecki, City Planner Ciddy Wordell,, · - Public Information Officer Donna Krey, Public Works Director Bert Viskovich, and Kimberly Smith, City Clerk and Secretary to the Agency. July 17, ~(~00 ~uper~lo ~ity ~ounc~ ann ~aEe A Cupertino Redevelopment Agency Redevelopment Attorney for the City and Agency: Nicole Murphy. F. nvironmcntal consultant: $ohn Wa§staff · IOINT PUBLIC HEARING A. Minutes of the June 19, 2000, Redevelopment Agency meeting. Bumett moved to approve the minutes of the June 19, 2000, Redevelopment Agency meeting. Chang seconded and the motion carried 4-0 with Statton absent. JOINT PUBLIC HEARING B. Joint public hearing of the City Council and the Redevelopment Agency on the proposed redevelopment plan for the Cupertino Valleo Redevelopment Pwject. Public Hearing closed on June 19. Ms. Nicole Murphy, consulting attomey, said that the public hearing was closed after receiving testimony on June 19, but two items were continued to tonight's meeting. She said the environmental impact ~oport identifies mitigation measures that will eliminate or lessen all of the significant effects of the project, with two exceptions. The first exception is the cumulative impacts on the Wolfe Road-Pruneridge Avenue intersection, and the second exception is regional air quality emissions. As a result, the resolution contains a statement of overriding considerations by which the Agency finds that the benefits of adoption of the project outweigh these significant effects. Also, attached to the resolution is a mitigation monitoring program. The second item for consideration is a resolution finding that the use of tax increment funds by the Agency outside the pwject area will be of benefit to the project area. The record contains information indicating that the pwject is essentially the revitalization of Vallco. Affordable housing outside the 'project area will serve the employees of Vallco. NEW BUSINESS C. Agency certifies and makes findings based upon consideration of the Final Environmental Impact Report, Resolution No. RA-00-06. Continued from June 19. Ms. Murphy said that the statement of overriding considerations finds that although the EIR concludes that regional air quality emissions remain a significant unmitigated effect of adoption of the project, the benefits outweigh those effects. Mr. Wagstaff, environmental consultant, said that the EIR looked at seven criteria regarding pollutant categories weighted upon the guidelines of the Bay Area Air Quality Management July 17, 2000 Cupertino City Council and Page Cupertino Redevelopment Agency District. Two of those seven categories were significant and could not bc mitigated, nitrates of oxygen and particulate. In the Bay Area Air Quality Management District, virtually any commercial project over 100,00 square feet, or any other type of general construction that will have 2,000 trips per day, would have this kind of unmitigablc air quality impact. Chang moved to adopt Resolution No. RA-00-06. Lowenthal seconded and the motion carried 4-0 with Statton absent. D. Agency i'mds that the use of taxes allocated fi'om the Project for the purpose of improving and increasing the community's supply of low- and moderate-income housing outside the Project Area will be of benefit to the Project, Resolution No. RA-00-07. Continued from June 19. Chang moved to adopt Resolution No. RA-00-07. Lowenthal seconded and the motion carried 4-0 with Statton absent. ADJOURNMENT OF THE AGENCY At 7:32 p.m., the Redevelopment Agency adjoumcd and the City Council meeting continued. -- CITY COUNCIL MEETING E. City Council certifies and makes findings based upon consideration of the final Environmental Impact Report, Resolution No. 00-187. Continued from June 19. Chang moved to adopt Resolution No. 00-187. Lowenthal seconded and the motion carried 4-0 with Statton absent. F. City Council adopts findings in response to written objections on adoption of the Redevelopment Plan for the Cupertino Vallco Redevelopment Project, Resolution 00- 197. Lowenthal moved to adopt Resolution No. 00-197. Bumctt seconded and the motion carried 4-0 with Statton absent. G. City Council finds that thc use of taxes allocated from the Project for the purpose of improving and increasing the community's supply of low- and moderate-income housing outside the Project Area will be of benefit to the project, Resolution. No. 00-188. Continued from June 19. Lowenthal moved to adopt Resolution No. 00-188. Chang seconded and the motion carried 4-0 with Statton absent. H. City Council approves and adopts the Redevelopment Plan, first reading of Ordinance No. 1850: "An Ordinance of the City Council of the City of Cupertino, California, July 17, 3000 Cupertlno City Council and Page 6 Cupertino Redevelopment Agency Approving and Adopting the Redevelopment Plan for thc Cupertino Vallco Redevelopment Project". (Second reading and enactment scheduled for August 21, 2000.) Continued from dune 19. The Secretary read the title of the ordinance. Burner moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reoding would constitute the first reading thereof. Motion carried 4-0 with Statton absent. PUBLIC HEARINGS 11. Appeal of Planning Commission denial of Application 16-U-98, Adzich Properties. Use pexmit to demolish an existing house and construct four single-family detached residences on a net 12,480 square foot lot located at 10216 Pasadena Avenue. Appellants: Radovan and Helen Adzich. The appellants had withdrawn their appeal, and there were no other individuals who wished to speak. This item was tabled. 12. 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 seven single family residences, and a tentative map to create seven lots. Negative Declarations are recommended, and this item is recommended for approval. Colin Jung reviewed the staffreport and highlighted project densities in other areas along Homestead. He said the new R1 zoning development standards will be used to guide the project. James Chow, the architect representing applicant, said that over the last two plans he had worked closely with staff. He appreciated the assistance they had provided and agreed with their recommendation. Georgino Palmer said he lived in the neighborhood and he spoke in support of this proposal. He said he was glad to see the derelict station gone. Chang and Burner liked the project. Lowenthal said that two neighbors had contacted him about their concerns that the proposal doesn't match the surrounding area. It would be neither high density nor R-1 development, and they would have preferred either of those types of projects. Lowenthal said that with this density and the possible redevelopment of the school site, a $1 percent floor area ratio (FAR) would defeat the intent of the R-1 zoning standards recently enacted. He felt it would encourage the construction of large houses, and thought the FAR should be a maximum of 45 percent. Associate Planner Colin Sung said they had surveyed smaller-lot, single-family developments, and showed a chart of those projects, which were done before the implementation of the current R-1 ordinance. July 17, 2000 Cupertino City Council and Page ? Cupertino Redevelopment Agency James shared the concerns expressed by Lowenthal. She said that Council had made a promise to the community, and other developers have been held accountable. Bumett agreed that the houses are very large, and there is linkage between price and affordability. Lowenthal suggested a large common area. James said she could support more density if there was a benefit to the community, but'she did not see it in this case. She suggested that the staff continue to work with the applicant, and that this item be continued for one month. Bumett agreed, but said that council should be clear about what they want, since this project was begun before the new FAR was adopted. Lowenthal said an average FAR of 45 percent for the whole development would be okay. Burner asked that the comer building be made smaller. Michael Aminian, representing the applicant, said they have cleared four gas stations in town. This project took two years until it was acceptable to the Planning Commission and staff, and the applicant hoped to get the demolition pei-iiiit in the next two weeks. He agreed that they will go back to work to reduce the FAR to 45 percent. Lowenthal moved to continue this item to August 21, and to ask the applicant to work with staff to create another plan with an average 45 percent FAR for the entire project. Burnett seconded and the motion carried 4-0, with Statton absent. PLANNING APPLICATIONS 13. Report to City Council from the Planning Commission regarding a use permit to demolish two single-family dwellings and construct eight townhomes totaling 13,686 square feet on a 23,170 square foot lot (applications 16-U-99, 31-EA-99). Stanley Wang; 10060 S. Stelling Road and 10051 Bianchi Way (APN's 359-07-003, 359-07-004, and 359-07-015). A negative declaration is recommended and this item is recommended for approval. Planner Vera C-il gave the staff report. Piasecki said that since this lot is literally one lot south of Stevens Creek, it seemed that it was not as necessary to include pedestrian access because the small benefit of including it would create many more proble,-,is in the project. James said that Capt. JeffMiles, Santa Clara County Sheriff's Office, felt that this was a safe solution. Lowenthal said this was a good solution. He would have preferred pedestrian access, and although stafftried to make that happen, there was too much compwmise. ._ Bumett said this project is incompatible here. It has a high FAR, but no limit. Council was granting a lot of exceptions, so he was reluctant to go without pedestrian access. 'July 17, 2000 Cupertino City ounell ancl Page Cupertino Reclevelopment Agency James said she was pleased with the project, and was willing to allow higher density because it fills a niche for needed housing. Chang moved to grant a Negative Declaration. Lowenthal seconded and the motion carried 3-1 with Burner voting no and Statton absent. Chang moved to appwve the application per Plavni~tg Commission Resolution 6041. Lowenthal seconded and the motion carried 3-1 with Burnett voting no and Statton absent. 14. Use permit to demolish a restaurant and construct a 47,000 square foot, 77-room hotel. Applications 01-U-00, 02-EA-00; Pinn Brothers (The Adobe Inn Hotel); 20128 Stevens Creek Boulevard, APN 369-03-001. A mitigated Negative Declaration is recommended, and this item is recommended for approval. Associate Planner Colin Jung showed the pwposed pedestrian easement access for Biltmore residents, with a gate between the properties (not shown on plans). He said the Biltmore residents were not yet contacted about this option, but council may want to reserve it as an option in the future. Community Development Director Steve Piasecki talked about the Heart of the City Specific Plan exceptions, and said the height exception is less noticeable and won't be objectionable. The side setback exceptions were relatively minor, especially with the landscape buffer. These are comfortable exceptions that won't undermine the intent of the specific plan. Mr. Greg Pinn, Pinn Bros., said they were the building owners. They will hire a manag¢~uent company to nm the boutique-style hotel, which will have a f'mish similar to the Ernst and Young building also located on .Stevens Creek Boulevard. He discussed the amenities that would be offered. Mr. George Monk, 19985 Price Avenue, said the development from hotels and Vallco will create more traffic, including taxis and delivery trucks, but no studies have been done on the impact on residential streets, which included Blaney, Rodrigues, and Torre. He felt a baseline study should be done now, and Council should treat traffic impacts in a comprehensive way, perhaps even asking for funding from the developers. Bumett said there should be good-q~olity, large-canopy trees over the emergency access, and he did not find palms incompatible with the Heart of the City plan. He did like the pedestrian access from Biltmore. Lowenthal said he liked the extra building width to keep the garage entrance from being ..-- overwhelming, and had 'no problem with palms and flowering pear trees. He was also concerned about the cumulative effect of traffic on feeder streets. 'July 17, 2000 Cupertino City Counell and Page § Cupertino Redevelopment Agency Viskovich explained that the general plan takes into account tho traffic impacts of all development. The individual review is to hone in on any operational changes that the general plan didn't cover, such as driveway access, queuing, etc. As long as the classification of the intersection does not drop below a level D, then it is consistent with the general plan's total picture. Piasecki noted that a number of developments that will be coming before council would replace existing buildings, which could have the potential to become uses that are less desirable. Hotels are good because they generate off-peak traffic and fairly low rates. PJ Mulligan's is tearing down an older shopping center that doesn't generate as much as a newer center, but they're offsetting some of the existing uses in this case. The increment then is smaller than if they were starting from bare ground and going up. James was in favor of the development, and liked the idea of canopy trees over the emergency access. She did like the palm trees in combination with the flowering pears, as well as a walk through to the Biltmore Apartments. Burnett moved to grant a mitigating Negative Declaration. Chang seconded and the motion carried 4-0 with Statton absent. Burner moved to grant development exceptions to the Heart of the City specific plan for maximum building heights, side setbacks, and rear setback, file number 06-EXC-00, per Planning Cowmission Resolution 6043. Lowenthal seconded and the motion carried 4-0 with Statton absent. Burnett moved to approve the use permit, file number 01-U-00 per Planning Commission Resolution No. 6042. Lowenthal seconded and the motion carried 4-0 with Statton absent. UNFINISHED BUSINESS - None. NEW BUSINESS 15. Request from Stephen C. Porter for a permit to use sound amplifying equipment in the amphitheater at Memorial Park on Sunday, July 30, 2000, for a wedding ceremony. Staff recommends denial of request. Recreation Supervisor Christine Hanel presented staff's recommendation to deny the request. Stephen Porter, 14395 Sycamore Avenue, San Martin, said he was a former resident of Cupertino and his children had frequently played in Memorial Park. He was appealing the city manager's denial of a pei-a~it to allow brief use of a small sound system at his son's wedding at Memorial Park on July 30. He said the noise level present in the amphitheater is such that it was unlikely that their guests would be able to hear the ceremony unless they amplify the voices of the judge, bride and groom. Also to keep costs down, they proposed using appropriate recorded wedding music. When his wife July 17, 2000 Cupertino Clty Council and Page lO Cupertino Redevelopment Agency applied for a pemdt to use the amphitheater, she was not given an application form, although the municipal code .specifies that there should be an application form, which should provide for any request to use amplified sound. The park regulations sent with the permit made no mention of any restrictions on the use of amplified sound. They mailed the invitations specifying Memorial Park amphitheater as the location of the wedding ceremony, then later became aware of the restrictions on the use of amplified sound. They applied to the city manager for an exclusive use p~m,it as provided in the municipal code, but it was denied, although none of the conditions for denial specified in the municipal code appeared to exist. He said if the council grants the appeal, he would personally ensure that the sound level during the wedding is carefully controlled to be no louder than necessary and, insofar as possible, confined to the amphitheater seating area only, and only during the ceremony. Hanel said when the applicant requested use of the amphitheater, it was conveyed to that person that electricity was not available. The only exceptions to that policy are for non- profit organizations with an exclusive use p~m,it. She said that when the permit is sent to the applicant, they are given a pamphlet that says amplified music is not allowed in the amphitheater. They are also given a list of park regulations, but it does not refer to amplified music. Generally the issue does not arise became it is not an amenity that is provided. Chang and Bumett supported the staff recommendation. Lowenthal felt that the list of park regulations should specify that no amplification of sound or music is allowed. He did not think that park users should have to draw that implication. He thought the applicant should be given the benefit of the doubt and his appeal should be supported. James supported staff's recommendation. She apologized to the applicant for the confusion, but believed that it was a question that could have been'asked up front. She did not think the city could grant an exception in this case and then not expect other users to want it. Chang moved to deny the appeal. Burnett seconded and the motion carried 3-1 with Lowenthal voting no and Statton absent. 16. Set application deadlines and interview dates for an unscheduled Vacancy on the Parks and Recreation Commission. James acknowledged the death of Terry Cook, who had served on the city's Parks and Recreation Commission. Council concurred to set the application deadline for August 23, and to conduct interviews on Tuesday, September 5, at 5:00 p.m. luly 17, 9000 Cupertino City Council and Page 11 Cupertino Redevelopment Agency 17. Designate voting delegate for League of California Cities Annual Conference None of the four council members present had plans to attend this conference. They concurred to ask Mayor Stalton to be the voting delegate if he would be in attendance. 18. Clarify council intent regarding funding (loan vs. grant) awarded to Cupertino Community Services (ecs) for affordable housing project. This item was continued. 19. Nonpoint Source Pollution Program, Assessment of Fees for StoLm Drainage Proposes - the request is to continue the existing assessment for Nonpoint Source without increasing the fees, Resolution 00-209. Bcrt Viskovich, Public Works Director, reviewed the staff report and said the staff recommendation was to continue the assessment on the same basis. Lowenthal moved to adopt Resolution 00-209. Bumett seconded and the motion carried 4=0 with Statton absent. 20. Set date for adjourned Council meeting: (a) Award Stevens Canyon Road Widening project (b) Public hearing regarding assessment of fees for annual weed abatoc, ient program (private parcels). Council concurred to set the datc of Thursday, July 27, at 6:45 p.m. for these two items. ORDINANCES 21. Second reading and enactment of Ordinance No. 1851: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Codc Relating to Establishment of Parking Prohibition on thc North Side of Bollinger Road From Dc Anza Boulevard West + 546 Feet." The city clerk read the title of the ordinance. Burnett moved that Ordinancc 1851 be read by title only and that the city clerk's reading constitute the second reading thereof. Chang seconded and the motion carried 4-0 with Statton absent. Burnett moved to enact Ordinance 1851. Chang seconded and the motion carried 4-0 with Statton absent. July 17, 2000 Cupertino City Council and Page Cupertino Redevelopment Agency STAFF REPORTS 22. Status report regarding construction at Biltmore Apartments. Steve Piasecki, Community Development Director, reviewed the staffreport. Barbara Langworthy, 20030 Rodrigues Avenue, #K, said that when she moved into the Biltmore apartments she was asked to sign an asbestos agreement, which stated that asbestos is safe as long as it's undisturbed. For the last five days, pounding from the construction has been so violent it disturbed ceiling asbestos. Each day she would call the office and ask for cleanup by staffwith the special vacuum cleaner. There is only one vacuum available, with a very small opening on the hose, and it cannot adequately clean the entire carpet. She said there is no systematic procedure to make this a safe process for residents. Her other concern was about tufts of exposed fiberglass, which are blowing around, covering her patio, etc. Also, she said in June she observed saw blades coming through her wall, with no warning given about the seismic retrofit that was taking place. David Woo, Lake Biltmore Resident Association, said he moved his family out last weekend to protect them from what he had observed happening when construction began in May. Some of the things he had seen were broken ceilings, cuts into the windows, inadequate protection from asbestos, and many people pleading with the management. He was concerned about asbestos fibers remaining in his clothing, carpets, and furniture. Some people have found their doors boarded up because there is no footing fi'om the front door to the stairs, or sliding glass doors boarded up for two weeks. Oleg Kolosov, Ph.D., 10129 S. B laney Avenue, #A, Lake Biltmore Resident Association, described his experience. When renovation began, the residents were not really told what would happen. When he was preparing to move into the apartment in September, he was asked to sign the asbestos agreement two weeks after he paid the deposit. Then the construction began, with noise, shaking of the building, and asbestos coming out. Mr. Kolosov said he has seen asbestos handling done in other countries and the method used here was definitely a violation of the code. Also, the actual workers were without any respirators. He said the noise is terrible and begins at 7:30 in the morning. Faith Miller, Lake Biltmore Resident Association, said she did not understand how anyone authorized or permitted a construction site over the heads of residents. This has been the most misrepresented, misspoken, ill-advised project she had ever seen. She wanted council to show up at Lake Biltmore, or for the building inspector to do moro than have the nails swept from the sidewalk.. There are flying boards, broken glass, and ladders. This council has a responsibility not to be misled any longer. There was an original group of 47 residents who were preparing to file a class action lawsuit, and that number has aknost quadrupled. She remarked on one pregnant woman who was boarded in for nearly 30 days when the temperature reached as high as. 109 degrees. 'ffuly 17, 2000 Cupertino City Council and Page 12 Cupertino Redevelopment Agency Sukanya Sreehari, 20020 Rodrigues Avenue, #61~, said he had experienced the same problems the other speakers have discussed. His sinus and asthma problem~ have been aggravated and his physician has told him he should not live in a construction zone. His medical tests confn'm that he has been exposed to high levels of dust, and is now being given high doses of medication. Naveen Saxena, 20050 Rodrigues Avenue, #I~, said she did not believe the situation was being dealt with reasonably. She felt they should finish one building before beginning work on another. She did not know the whole story about the asbestos concern, but felt that building inspectors should inspect the situation and produce a report for the people, if nothing else. At least it would provide ammunition to the residents to sue if things were not done properly. Ajay Sharma, 20020 Rodrigues Avenue #6H, said that one day her balcony was gone without any prior notice and her 8-year old child could have stepped out into a 20-foot drop. She had been told that all the laundry facilities would be removed except for six located by the office. The renters are paying for amenities which are no longer available, including the lakes, and there has been no compensation or even sympathy. There is zero percent vacancy in this area, so there is nowhere else to go. She came from India, and this country is supposed to have great human rights and human values, but she doesn't see it here. Paul iVlcKennon, 20090 Rodrigues, said he had worked in construction for over 20 years. He saw many safety violations that have since been addressed, probably due to so many complaints by the tenants. He has been relocated to a different unit because of the asbestos exposure in his own apartment when construction workers broke through the ceiling with a Skil saw, then tried to clean up the asbestos with a regular vacuum instead of a hepavac. He has received only $500 for the loss of his bed, carpet, furniture, sheets, comforters etc., and has yet to be reimbursed for three weeks in a hotel. Tonight he found asbestos sheet rock from the exterior of the building sitting in a large pile on the ground beneath his new unit. He knows that appropriate asbestos abatement has not happened here, and discussed how his personal items were handled. Lorraine De Souza, 20030 Rodrigues Avenue, said she spoke with great trepidation because one year ago when they tried to hold a residents meeting, they were threatened with eviction. She is living here on a dependent visa and cannot afford to go to court. She said her building recently had work done on the siding and there were 25 nails sticking out of the entire length of the window sill near the location where her daughter's 'high chair usually sits. Her carpet is littered with sawdust and asbestos. The workers attack one building, then move on, and interior carpentry work is not finished for weeks. She discussed other safety hazards on the way to the laundry room, including sheets of metal, ladders, and loose boards. She said she comes from India, a Third World country, and if this happened in her own country she would be furious. She was dumfounded to imagine that it could happen in America. Cupertino Redevelopment Agency Nikanjan Maka, 10129 S. Blaney Avenue, selected Cupertino based on a reputation of the city for being well run, with good schools. She selected Lake Biltmore b~cause of the tranquility of the lakes. The lake has now vanished without notice, there are no longer laundry facilities close by, and there's no place for her children to play. She said that council should not allow this injustice to be happening. Raju Shah, 20050 Rodrigues Avenue #A, Lake Biltmore Residents Association, said when he signed his lease he was not told that construction would be taking place shortly. He wanted to move out and was told he would have to pay the remaining six months on his lease, or find someone else to move in. There have been times when they had no walkway to the laundry facilities. He invited the council members to stay at his home for one or two nights to see how serious the problem is. He asked to move into another apart~uent that had been renovated and was told that none are ready. However, there are two apartments across from him that were just renovated and rented out. Whenever the residents complain they are told" if you don't like it, just get out." Marymoore Patterson, 10139 S. Blaney Avenue, said her building was the first to be hit before they had a plan for the asbestos. They knocked out windows and walls, and her unit was littered with insulation fibers and dust. She said an independent test done for asbestos showed a sample taken from her carpet contained 14 percent asbestos. For six weeks there have been nails in her kitchen where her daughter could have scraped herself. There are nails everywhere, and crumbling sheetrock throughout her home. She has come home to find someone on standing on her balcony, and people come in and out of her home with no notice. Recently while walking through the grounds, her daughter picked up a board laying against the construction fence. The fence would have fallen on her daughter's head if a man hadn't been nearby to catch it. She said it is shocking that these things are happening with residents living inside the homes, and the management is not offering any relocation or compensation. Instead, they offer ways to move out, which is really a fou- of eviction. Most people here either cannot move out or do not want to. Marie Gatto said her family owns several units across the street from the Biltmore apamnents. Her elderly father has full time caregivers 24 hours a days. The other day one of the caregivers was appalled when she saw pink insulation coming off the building and she was threatening to quit. The insulation is not being removed in a safe matter, and the wind was blowing it all over. James closed the public hearing and asked for a response from staff. She noted that the e-mails from residents have been forwarded to both the owners of the project and the city planning commission, and the inspectors have been on the pr¢i~ises regularly. Joe Antonucci, Building Official, said that permits for asbestos removal are issued by the Bay Area Air Quality Management District. The contact person is Sharon Gee, at (415) 749-4606. He said it is a very serious issue with a specialized area of mitigation. If the July 17, 2000 Cupertino ~ity Eouneil and Page Cupertino Redevelopment Agency '--' city inspectors see an asbestos problem on site, they contact the asbestos company working there to address their concerns. The city inspectors will do whatever it takes to ensure safety of the residents. Steve Piasecki, Community Development Director, said the inspectors have been focusing on anything that might inhibit safe passage. When they have found problems, such as nails, they were brought to the attention of the construction management in the area at that time and immediately cleaned up. If anyone sees a problem, they can call the building inspectors directly. Joe Antonucci will be personally involved, and Inspector Jerry Brager is out there several times a day. If there is a probl¢iii that is downright dangerous, the project can be shut down, but that is usually a temporary solution. He thought it was a good idea to require that one building be done at a time. James said she would like to meet with the property owners about that change in procedure, and would like to have a copy of the videotape of this meeting sent to the property owners. Piasecki said that he would make a tape available and ask them to respond to the individual complaints that had been raised this evening. Antonucci said that the city is very concerned about the residents' safety and they have responded to every call. However, he has not been invited inside the units to see the problems occurring there. Residents may call him directly if they would like him to lo0k inside their apartments to make an analysis of the situation. His officc number is 777- 3205. He noted that Inspector Brager walks the site at least two times a day. If they are missing problems, they need the residents to point them out. They're trying to be as picky as possible, but they can only write up problems that they have personally seen. Piasecld stated that the city attorney may want to respond regarding the legal rights of the owner to renovate their own property, but staff would much prefer the people were not inside the units at the time. When they raised this issue with the Prometheus Group, there was equal concern about displacing a lot of people to proceed with the project. He felt that the Prometheus Group should look for opportunities to get people out of the construction zone. The bottom line is that these buildings must be renovated at some time, and it will be disruptive. City Attorney Kilian said other cities have rules and regulations regarding building pei~iits and the ability to regulate the occupancy during construction. The problem is that it varies from case to case. He was not aware of any cities in Santa Clara County that have such regulations. It may be possible under the health and safety powers of the city to adopt such regulations regarding renovation of occupied residential building. James said the city is interested in the concerns of the residents, and the inspectors have been making spot inspections over and above what they would no~mally do. The job has been permitted and is legal from the city's perspective, and the city is in contact with the owner. Unfortunately, the problems have not yet been resolved so the matter will be further pursued. 17,12000 Cupertino City Council and Page 16 Cupertino Redevelopment Agency Burnett said there is no excuse for the things that are happening to these people. It seems the property owner is trying to do this as cheaply as possible. Council must see how to change the process to reduce these events to an acceptable level, and then set in place new regulations so that it never happens again. Chang concurred, and said he was very disappointed with the developer and management. They have shown carelessness and lack of regard for people, and it is important for the city to give the signal that they must approach this in a comprehensive way and not just on a piecemeal basis. His main concei~s were the health and safety issues, particularly asbestos. It is important for the residents to have a mechanism in place to address their concerns and council should be an advocate for thea~ on the asbestos issue, even to the point of considering work stoppage. He agreed with thc idea that construction happen to one unit at a time. Lowenthal said he was disturbed by the differences in the reports that council has been receiving. He asked the inspectors to meet with residents to get the facts. He said he would also like to see an independent report on the air quality. Lowenthal mentioned the comment by a renter about the loss of amenities and asked if this was a violation of the agreement. Kilian said there might be a case of constructive eviction. That would be the basis of a civil action against the landlord, but that is between the landlord and the tenant, and the city is not in a position to intervene in that situation. James asked those in the audience to provide their name and telephone number so that staff could follow up. Building Inspector Jerry Brager said he walks the project three times a day and meets with the contractors when they are on site. He keeps the site very clean, and runs off people that do not belong there. He makes sure that nails are cleaned up, and has already shut down the job once. As a building inspector, he can only deal with code issues in the Unifoc//t Plumbing Code, Mechanical Code, Building Code, and Electrical Code. However, when he leaves there are two or three hours when additional problems can arise. He is not allowed to enter apartment units without permission of the tenant, but would be happy to make inspections upon request. Kilian noted that if a unit is uninhabitable, then the inspector needs to red tag it, which means the people can't live there any more.' If they were required to go to a motel or to seek other lodging as a result of that, that would be part of their lawsuit. Council concurred to file this report and directed staff to monitor the construction and respond to any complaints related to building code or code enforcement issues. James will meet with the owners, provide them with a videotape from tonight's meeting and asked them to respond to the public comments. She suggested that construction is done ..- on only one building at a time so that the residents can be relocated. Residents are encouraged to contact the building officials for inspection inside their units. In the future, City Council will consider a policy or ordinance regarding construction on occupied residential housing. July 17, 3000 ~upert~no ~ity ~ouncll and Page 17 Cupertino Redevelopment Agency 23. Status report on interim teen center and selection of skateboard park Christine Hanel presented the reports. James asked for clarification on the cost of the Sunnyvale teen center. Hanel said the $$$,000 is mainly for staffing costs. They have full-time staff on hand in addition to 2-3 part-time staff members that work on this project. Up until this point, they have felt the need to have recreation coordination supervisors there on site on those evenings. Council received the report. 24. Update on Measure A project for extension of sales tax for transportation purposes. Viskovich presented a brief info~liuitional report. Margaret Okuzumi, said she was the Executive Director for Peninsula Rail 2000, a member organization of the Bay Area Transportation and Land Use Coalition. She stated that the coalition is calling upon Santa Clara County city councils to oppose this BART tax measure and to instead support the Board of Supervisors in initiating a planning process now that will place a more equitable sales tax on the ballot in 2002 or 2004. Their new report called "What's the Rush" dispels the myth that there's any advantage to rushing this proposal onto the November ballot at this time. The current proposal by the Manufacturing Group would not provide congestion relief throughout the county in an equitable fashion and would sink billions of dollars into the BART extension from Fremont to San Jose, which would not pwvide congestion relief for much of the county. Burner requested that, at the next meeting, the council consider taking a stand on SB 1629, which is the safe roads bill. It's opposed by the League of California Cities but supported by the Association of Bay Area Governments, as well as Palo Alto and virtually all the environmental organizations. Council members concurred to place this it¢in on the next agenda. CLOSED SESSION At 10:53 p.m. Council recessed to a closed session on the following items: A.Pending litigation - Government Code Section $4956.9(a): 1. Nemetz vs. City of Cupertino B.Significant exposure to litigation- Government Code Section 54956.9(b)(1): 1. Brow. ning Fcrris Industries (BFI) issue regarding contract dispute ._ C. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8: 1. home of the former city manager hly 17, 2000 Cupatlno City Council and Page Cupertino Redevelopment Agency At 11:26 p.m., Council reconvened. The City attorney said that with respect to the Nemetz matter, the council directed its negotiator along the lines discussed in closed session. With respect to the BFI claim, the matter will be put on the next city council agenda for consideration. Finally, with respect to the city manager's home, there has been direction given to the negotiator to approach Mr. Brown with respect to purchase of the property. At 11:27 p.m. the meeting was adjourned to July 27 at 6:45 p.m. Kimberly Smitl~i'ty Clerk