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CC 05-15-00 MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting (Workshop) May 15, 2000 CALL TO ORI)ER At 3:15 p.m. Vice=Mayor Sandra James called the meeting to order in Conference Room C/D, 10300 Torte Avenue, Cupertino, Califomia. 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 Don Brown, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Public Works Director Bert Viskovich, Planner Michele Rodriguez, City Planner Ciddy Wordell, and City Clerk Kimberly Smith. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None NEW BUSINESS City Council study session: (1) Santa Barbara Grill conversion to new use Planner Michele Rodriquez highlighted the staff report. The project location is the Santa Barbara Grill Restaurant on the southwest corner of Highway 280 off De P,n?a Boulevard. The applicant asked for authorization to demolish the existing restaurant and construct a new office building. Rodriguez said the packet includes a list prepared by the applicant showing various alternatives for mixed use, along with the pros and cons of each alternative. Also included are the 7 criteria that the Commnnlty Development Department uses for similar general plan amendments and draw-downs. She highlighted the unusual site characteristics, including noise and traffic from Highway 280, a high voltage line along north property line, an unusually shaped parcel, alleyway access, and an on-site oak tree. She noted a correction on page 2 of the staff report and said the figure for "land use without a general plan amendment" should be 15,000 square feet, not 40,000, and the figure for "office and industrial" should be 4,000 square feet, not 10,000. Mr. John Shelton, Shelton Development Company, said they originally intended to convert the Santa Barbara Grill restaurant to an office use but other options were explored as requested by the city. Those options included a restaurant, a mixed use project with restaurant and office, mixed-use residential, multi-family apartments, and condomluiums. They still feel that an office use is the best solution for this gateway location, but were May If, :2000 Cupert'mo City Coundl rage 2 willing to address other options for residential use in the city wh~re residential is mom suitable, such as a joint venture with another landowner. Another option would be to provide extra fees toward the provision of housing elsewhere in the city. Mr. Bill Hagtnan, architect, said that forcing a mixed use on this property with its unusu_~l site characteristics would compromise the two functions, and he described the different layouts that had been attempted. Mr. Shelton, Mr. Hagman, and Mr. Dave Wheeler discussed the problems associated with various uses in greater detail. Mr. Shelton said that a 25-unit apartment complex with underground parking would face a $1.5 million to $2 million loss. He also discussed the security issues faced by certain types of companies, such as high-tech computer firms, if part of the building was accessible to the public, and explained that it would effectively preclude a single tenant. Also, when they explored the feasibility of a hotel, it was felt the site was too small and the access inadequate. Burnett said he appealed this itein because he felt more housing was needed, not more commercial. A housing shortage is the biggest risk to this valley's prosperity, and the applicant is requesting a large increase in office space. Also, the city's ordinance states that general plan changes are for the public good overall. Burnett explained why the rear access to the neighborhood was a positive feature of this site for housing. Mr. Shelton said they were asking for 40,000 square feet because the character of a smaller building would only be feasible for multiple tenants. In the larger building, the window-area-to-center-core depths work for a single tenant, open office landscape. Chang asked that the developer bring back a plan that was workable for the developer, and which was either all housing or a mixed use. He would prefer something that didn't require a general plan amendment. Lowenthal said he would accept a project that was all housing, but was flexible about mixed use. However, he would not accept a project that was all office. He wasn't convinced that a restaurant would not be a good solution. He felt that the applicant should create a project that has a benefit to thc community. Discussion followed about current restaurant use and the options for another restaurant, or a mixed-use with restaurant, and the success rates of restaurants in the area. James said that she would prefer a mixed use with retail or restaurant. She said it was important not to take allocations away from retail or housing to create more office space unless there is a benefit to the community. If housing is not provided here, it should be provided somewhere else, or funds given to a project underway. Burnett said the city's biggest need was for housing and he would not support the proposal for office uses. He wanted the project to be all housing, and felt it could be just as good a gateway project as an office building could be. May 1~, 2000 12upettlno City ~2oune;1 Pa, e ~ Mr. Shelton said they would work to come up with a range of viable solutions, including an option for providing funds for a multi-family housing/mixed use project slated for Stevens Creek Boulevard, or a proposal for some funds for affordable housing. Mr. Steve Andrews said there will be a lot of opportunities in the next few years to change the use of other buildings, strip malls, etc., that will be much better suited to housing than this location. He also noted the number of vacancies that exist in retail centers. At 4:20 p.m. the meeting ended. The regular business meeting of the Cupertino City Council was held at 6:45 p.m. in the City Council Chambers. Kim~~i~y Clerk ' MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, May 15, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor $ohn Statton, Vice-Mayor Sandra James, and Council members Don Bumett, Michael Chang, and Richard Lowenthal. Council m~f,~bers absent: None. Staff present: City Manager Don Brown, City Attorney Charles Kilian, Adm'mistrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Steve Dowling, Public Information Officer Donna Krey; Public Works Director Bert Viskovich, City Planner Ciddy Wordell, Planner I Peter Gilli, Intern Rhys Rowland, and City Clerk Kimberly Smith. Consultants Present: Nicki Murphy, legal counsel; and Paul Anderson, Keyser Marston - Associates, Inc. CEREMONIAL MATTERS - PRESENTATIONS 1. Recognition to Santa Clara County Sheriff Officers Ron Karrle and Klm Morgcnthaler for winning the first-place trophy at the 2000 Statewide' Pacific Grove Motor Officer Competition. Mayor Statton presented the certificate. 2. Recognition to Santa Clara County SheriffDeputies Janet Shannon and Bob Gallardo for their participation in thc program "Every 15 Minutes," a two-day program for high school students about drinking and driving, and personal safety. Vice Mayor James presented the certificate. POSTPONEMENTS 3. Item 20: Public hearing to consider a general plan amendment to exceed the allowed height of 75 feet and to penetrate the l:l setback ratio from Stevens Creek Boulevard, applications 2-GPA-99, 8-EA-99, and 9-EA-99, Kimpton Hotel and Restaurant Group and Cupertino City Center land - continued to June 5. WRITTEN COMMUNICATIONS - None. ORAL COM~IUNICATIONS Gordon Fmlich, 1202 Belknap Court, talked about his efforts to qualify for an exemption from the city's utility tax for GTE. He suggested publicizing the fact that residents over 65 years old are exempt from the tax. RECESS At 7:01 p.m., Council recessed and the Redevelopment Agency convened. At 7:08 p.m. Council reconvened. CONSENT CALENDAR Chang moved to approve the itca~s on the Consent Calendar, as reco~end~ with the exception of item Nos. 11, 14, and 18. Burnett seconded and the motion carded 5-0. 4. Minutes: May 1 regular and May 5 adjourned meetings. Accounts payable: April 28 and May 5, Resolutions 00-140 and 00-141. 6. Payroll: April 14, Resolution 00-142. -- 7. Treasurer's Budget Report, March 2000. 8. Consenting to and calling a joint public hearing on the proposed redevelopment plan for the Cupertino Vallco Redevelopment Project, Resolution 00-143. 9. Making det=m~inations and approving the reorganization of territory designated "N. Stell'mg Road 00-01," approximately 0.22 acre located on the East Side of bi. Stelling Road between Garden Gate Drive and Greenleaf Drive, GB Estate Homes LLC (APN 326-30-089), Resolution 00-144. 10. Annual AT&T cable rate increase. 11. Removed from Consent Calendar. 12. Setting date for consideration of reorganization of area designated "San Fernando Avenue 00-05," property located on the north side of San Fvmando Avenue between Byme Avenue and Orange Avenue, approximately 0.456 acre, Wang and Yen, (APN 357-15-047 and 357-15-048), Resolution No. 00-146. 13. Review of application for Alcoholic Beverage Control license: Tory's Restaurant, 10457 South De Anza Boulevard. 14. Removed from Consent Calendar. 15. Change order no. 1, Cupertino Senior Center Expansion, Project 99-9210, Resolution 00- 147. 16. Authorization to submit a funding request form to Department of Conservation's Division of Recycling to receive funds for recycling containers, Resolution 00-148. 17. Improvement agreement with Adc Bash and Hanna Bash at 10115 Salch way, APN 326- 32-034, Resolution 00-149. 18. Removed fi'om Consent Calendar Vote Council members Ayes: BurneR, Chang, Sames, Lowenthal, and Statton Nocs: None Absent: None Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 11. Declaring brush growing on certain described property to be a public nuisance and setting hearing for objections to proposed removal, Resolution 00-145. The City Clerk said the list specifying the properties had not been received. Staff recommended amending the resolution to change paragraph 2 to read, "That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Fire Marshal." Burnett moved to adopt Resolution No. 00-145 as amended. James seconded and the motion passed 5-0. 14. Acceptance of municipal improvements: Zankich Construction, Inc., Echo Hill Court at Stelling, Tract 8998. Lowenthal said he noticed a large pothole in the bike lane at this location. Public Works Director Viskovich said the area is settling because of a water line owned by San Jose Water Company. They have been notified and will take care of the probl~ul. Lowenthal moved to accept the improvements. Sames seconded and the motion passed 5= 0. 18. Designating pe~'lt parking zone on Bonny Drive betwccn Scofield Drive and Shelly Drive, Resolution 00-150. Lowenthal referred to a letter from a resident who thought there should be no pe,a,it parking required on Bonny Drive. Since he had gone on record as opposed to permit parking, he asked staff to explain why this should take place. Viskovich said approval of the resolution would extend permit parking to Saturdays because of the De AnT~ College flea market. James said she could agree to extending the permit parking for the first Saturday of each month only. Marilyn Lewis, 10166 Bonny Drive, said the neighbors had submitted the petition because of parking problems related to Faria School as well as the flea market. She said people do not observe permit parking laws during the week. Gary Lure, 20810 Pepper Tree Lane, said he was opposed to the proposal as stated, but he supported the intent. He said he could support permit parking on the Saturdays when the flea market was held. Bumett agreed with the change suggested by James. Lowenthal said he could not support expanding.permit parking because it is not being enforced where it is already in effect. In addition, it is already hard to find parking in the community, particularly around the parks. He suggested that citizens contact the school board. James moved to adopt Resolution No. 00-150 to extend parking to the first Saturday of each month. Bumett seconded and the motion passed 4-1 (Lowenthal - no). PUBLIC HEARINGS 19. Community input on Library site alternatives At 7:15 p.m., Mayor Station opened the public hearing. Peter Kalnay, 20276 Pacifica Drive, said he was a fervent supporter of a truly excellent library. He said he thought aesthetics would have to be one of the main considerations when the council chose a site. He said he did not think the plaza was worth preserving on aesthetic grounds. Sheila Dolezal, 10550 Whitney Way, said her family enjoys both fields and she was not _ convinced that these were the only two options available. She did not think the library measure would have passed if it had stated that the community would lose one of the two areas. She hoped they could do something with the existing structure, and if these were the only two options, she was in favor of saving the field as were her neighbors. She said May 15, 9~000 Pa~e 5 -' Cupertino was about family value, open spaces, and great schools, all of which contain libraries. She asked that council consider other alt¢~aatives. Paul Bommarito, 10684 Martinwood Way, said he had talked to city officials and conducted an opinion survey since the last meeting. Regarding the use of the fields, he said all fields are intended primarily for and used by Cupertino residents. In addition, all fields are booked in advance, either by the Parks and Recreation Depathaent or the school district. He said children have first priority on the use of the fields. Therefore, there is a heavy demand for the library field. His own survey showed that only 2 households out of the 40 people he talked to wanted the library on Site A, and one household had mixed feelings. He was in favor of keeping the filed, and said there should be a general survey or a vote. Michael McDougall, Cupertino Ultimate Frisbee League, said he had been playing on the field for ten years and showed a picture of him taken during a game by the Cupertino Courier. He said Site B was too small for Ultimate Frisbee, and he would appreciate being able to continue playing on Site A. Arthur Harris, 1052 Tuscany Place, principal of a junior high school in Los Altos, said his wife was chair of the Planning Commission. He said Site A had better aesthetics than Site B. He said it may be useful to include the pwblem of which is the better site, what are the reasons, and how they can make the library best work on one site or another - in the selection of the architect for the library. Theresa Logg, 20234 Pacifica Drive, said she loved the field and had lived in Cupertino since she was four years old. She recalled the last time the library was renovated. She agreed that Sites A and B are not the only options. She thought they were both beautiful spaces and should be left as they are. Gerry Mulvey, 20303 Clifden Way, talked about the issue of parking and discussed the complications created by having to add more parking spaces. He said the bicentennial redwood grove should be considered part of the open space. Mr. Mulvey said they should plan for the future and the expandability of the library and adequate parking by using Site A. Rachel Friedman, 20260 Pacifica Drive, said Cupertino was running out of open space and becoming more and more urban. Once a structure is built, open space is gone forever. She thought the problem with creeks overflowing during rain stosms was partly because there is less open space to absorb the water. She said they need to encourage children's physical, capabilities as well as their intellect. Her opinion was that the library should be built on Site B if anywhere. Jose Friedman, 20260 Pacifica Drive, agreed with his wife and added that he understood that as we see more population growth in Cupertino, there is a need to build more structures such as buildings, roads, and libraries. Once the library is built, even if it is decided that it wasn't the most optimum way to use the space, he did not think they could do much about it regaining the space. He said when the space is lost, there is also a loss of the essence of Cupertino, which is about families getting together. 15, 000 Pa e 6 Oded Raviv, 10536 Whitney Way, said his sons played soccer on this field. He stresscd how important the soccer field was to the younger generation. Curtis Woodruff said he and his wife, Lois, have lived on Rodrigues Avenue for 48 years and have always been active users and volunteers at the library. He said they favor Site A for the location of the new building. He said in order to be successful, the new building must be designed for maximum economy in construction, maximum efficiency of library operation, maximum utility of the patrons, and flexibility to meet unknown future demands. He said the field area was acquired for possible future construction of additional city buildings and now is a good time to use it. Jean Gallup, 10356 Plum Tree Lane, said she thought the signs asking people where the library should be built were misleading. She said Site B cannot physically accommodate the same size library, the surrounding immediate area, and the room for expansion that Site A can, and council should consider the consultant's report as their regulation minimum size for the library because library usage continues to grow. Regarding the theory that the Internet will so dil~inish library use there will never be a need for expansion, she said the Internet has been around for at least five years and library use numbers keep going up. Many people use the soccer field, but a million and half people visit the library every year, and that number is increasing. She had toured a lot of libraries in the past two years and the librarians had never mentioned that their libraries were too big, but rather they they were already out of space. She showed a picture of a library in Oxnard which is facing that problem. She thought Cupertino was very fortunate that the far-seeing city fathers purchased the entire Torte block for civic use. She asked that council master plan the whole parcel and put the library on Site A. Barbara Rogers, 19764 Auburn Drive, said she had been a participant and coach in sports. She thought people need stimulus in various areas including the arts, physical activity, and mental activity. She said the city had provided a balance, including public facilities, fine arts, and parks. She thought the city had done very well in addressing the needs of the youth, and perhaps it was time thcy looked at adult needs. This should be done by the parks and recreation department on a citywide basis, then a policy adopted by thc city council and implemented by parks and recreation. She said there were passive uses available now at Mcnioriai Park, Linda Vista Park, and maybe others. If they decide to continue using the field for sports, it would require an amendment to the general plan. She talked about other things the city provided, noting that there is one library. She said they have the chance to do it right. If they squeeze it into the plaza, they would need underground parking or use Site A for parking. Y. Diana Wu, 10445 Imperial Avenue, ~iterated her support for Site A because there is space for parking, there could be a drive-through book drop which would not be possible at Site B, and they would not have to go beyond two stories which they might have to do in order to fit a 63,000 sq. ft. building on Site B. She said Site B is a safe place for children and the elderly. In conclusion, she said they need room for future growth, and that the Internct is a good tool but is not a substitute for books. Leslie Burncn, 21466 Holly Oak Dr/ve, congratulated those who had put togoth~' the library survey. He described options and proposed one that included do/~olishing the current library, locating the library in portable buildings on the field, and building the library where the current one is, using some of the plaza and the field. He said this would allow for future expansion of the library and city hall. Christina Berretti, 10695 Martinwood Way, said she was 12 years old, and was nmning for ecological commissioner at her school. She thought it would be safer for people if the library were on Site B. She said she and her friend were going to join soccer next year and would like to play on the Site A field. Carol EmLeti, 10695 Martinwood Way, said she would like the open space maintained. She thought there may be somewhere else to locate the library, or perhaps the current one could be expanded and they could keep both sites green. Mel Couchman, 20272 Pacifica Drive, said he was a fifth generation native of the valley. He and his wife grew up on farms in the San Jose area and have seen green space disappear, particularly urban green space. He thought we could not afford to lose any more. From an ecological point of view, Site A is a habitat for seagulls, squirrels, and mallards. He said he thought it was an obligation to preserve Site A. Ian Hendry said he worked at 1 Infinite Loop and has been playing Ultimate Frisbee on the field twice a week for about ten years. He reiterated that once land is built upon, it's hard to get it back as open space. He said that in addition to having fun playing, the people who play foLic~ a community of their own. He urged council not to stop with the plans submitted by the architect and consultants but to continue the planning process. Mitchell Adler, 10090 Pasadena Avenue, #B3, an Ultimate Frisbee player, asked that if they have to choose between the two sites, then build the library on Site B. People from all over the world have heard about and visited their game. He expressed concern about the cost, but said he would prefer that they spend more money and preserve the open space. Pat Rogers, 19764 Auburn Drive, said there was usually more than one way to accomplish an objective. He thought council had to base their decision on certain factors, one of them being what is the greatest good for the greatest number. He said the library is by far the most heavily used public facility in the city. Opposition to the land-banked field seemed to be limited to a relatively small number of people when compared to library users. Mr. Rogers did not think a multi-story library could be efficiently run. He said there were many advantages to Site A, and they could not preserve the field because they would need to use part of it for parking. Jim Yglesias, 21010 Classic Court, said when he moved to Cupertino in 1983, he rode his bicycle around town and marveled at the parks. He grew up in Brooklyn Heights where it was all concrete, but they had a world-class library. He said he did not miss living there. He said if/hey lose the fields they will never get them back. There are thousands of kids who play soccer every week, almost year-wund. He said they were talking about taking away a field that was not used by the youth and telling the adults who use it to go May 15, 9~000 Page somewhere else. Practice fields are hard to find. He said he liked a Plan C which would keep the field and find another solution besides Site A or B. Christine Ott, 10690 Martinwood Way, said she and her husband were there on behalf of the younger citizens of Cupertino, including their son Kevin. She said they were in favor of putting the new library anywhere but in the field. Mary Minow, said she loved opec space and had heard a lot about greec space disappearing. This is not true in Cupertino. Cupertino has spent $60 million in the last tec ycars in parks and opec space. She said she camc as an advocate of people with disabilities and referred to the parking problems that would be encountered if the library were placed on Site B. She said she was interested in a Plan C and opposed to Plan B. Ronda Hoxsie, 10545 Mira Vista Road, said she agreed with Mr. Ygleaias regarding a new alternative, and eccouraged council to not just look at the two options. She said she was in favor of keeping as much open space as possible. Suzanne Sclar, 10581 Whitney Way, asked how to get on the committee that was making the decision. Mayor Statton explained the process and said that committee would be inviting input as well. Ms. Sclar said she hoped council would listen to what people had to say. She said there is a need for fields and expressed a preference for Site B. -- Janet Shaw, a resident of the Rancho Rinconada area of Cupertino, said she could not believe there were only two solutions and thought they should have a contest for architectural solutions with the local colleges. She asked that the entire block be looked at as a whole, not just for this project. She said she liked the current design of the buildings and plaza. She thought Site A should be considered, but that a sense of opec space could be maintained, and achieved with good architecture. Kathy Mulvey, 20303 Clifdec Way, said on the map Site A and Site B appear to be about the same size. In reality Site A is much larger. She said they could locate the library on Site B, but there would only be 22 feet between it and city hall. If the library were made deeper, parking spaces would be eliminated. If they are going to keep three buildings they will have to add parking. Adding it underground would only provide 68 spaces at a tremendous cost. She said they were going to lose the field anyway because they have to put parking somewhere. She said one of the reasons she liked Site A is that it there would a lot of room around the library. Arlene Boyd, 20301 Clifden Way, said after research, she wondered why they had to just consider Sites A and B. Her concern with either site was the influx of traffic from Bollinger and DeAnza and the possible loss of the traffic barrier on Pacifies. Rhonda Nuflez, 11351 Bubb Road, said she was a soccer mom and was involved in the community. She said she was an advocate of saving Site A. She commented that this _ could be a win-win situation. She was in favor of a Site C combination of Site B and the current library, which could be achieved with good architectural design, or it could be built on another site. Cupertino has developed a reputation of cultivating and supporting May 15, 2000 Page athletics for all ages. Also, Cupertino is recognized world wide for thc opportunity it provides for the development of competitive soccer. She said the needs of the community have changed and they need to keep the open space. Diane Lee, 20234 Pacifica Drive, said she was for Site C which would incorporate the library plus Site B. She talked about parking options. Thc mayor closed the public hearing at 8:50 p.m. James thanked those who had given input. She stressed that council had looked at other alternatives including retrofitting or demolishing the current library. The architects applying for the job will present preFuninary plans as part of their application for the job. Council has not made up their mlrlds regarding location of thc building or parking at this point. Lowenthal said that the vote indicated that the community overwhelmingly wanted a new library. He said thc input would be very valuable in their decision making. Chang agreed that the hearings had been helpful. The next step is having the architect look at how many of those suggestions they can address, and the pros and cons of each site. Bumett said they had come a long way on the r~brary, and they would not be able to make everyone happy. However, he was optimistic that the community would be improved with the new library and they would try to minimize the loss of green space. Station thanked the audience and told them what the next steps would be looking at architectural ideas and considering the ideas presented by the public. There was a recess from 8:50-8:55 p.m. 20. Public hearing to consider a general plan amendment to exceed the allowed height of 75 feet and to penetrate the 1:1 setback ratio from Stevens Creek Boulevard. Applications 2-GAP-99, 8-EA-99, and 9-EA-99, Kimpton Hotel and Restaurant Group and Cupertino City Center Land; Lots 6 and 1, Tract 7953, Cupertino City Center. A mitigated negative declaration is recommended, and this item is recommended for approval - eantinued to June 5. 21. Appeal of Planning Commission denial of application 1-DIR-00, request to move an oak tree and replace with an evergreen tree at a single-family residence at 10135 Scenic Boulevard. Applicant/appellant Mary Graham. Planner I Peter Gilli presented the staff report. He said the homeowner and her neighbor agreed that the tree should be removed because it would do significant damage to the retaining wall. An arborist's report validated that would be the case. Mary Graham, 10135 Scenic Boulevard, said when they moved in ten years ago, the tree was small. She did not think it would be long before the tnmk would grow until it would press against the neighbor's wall and cause damage, which would be a significant issue for both them end their neighbor. She thought the tree would eventually die anyway. She said they were more than willing to replace it with two new trees at the lower part of the driveway. She confi~iied that they and their neighbor were in agreement about removing the tree. Bumett moved to sustain the appeal of the Planning Commission decision regarding Application 1-D]R-00. James seconded and the motion carried $-0. 22. Appeal of Planning Commission appwval of application 15-EXC-99 for fence exception of an electronic security gate at 22525 Balboa Road in accordance with Chapter 16.28 of the Cupertino Municipal Code. Applicant Anne Dor and Appellant Council member Don BurneR. Planning Intern Rhys Rowland reviewed staff's recommendations Anne Dor handed out a photo of the original gate on Balboa Road before the entrance was moved and explained why it was moved. She said there would be landscaping to help hide the wall, and the hill had been greatly improved as well. The gate had been put in by the previous owner because of trespassing from the open space adjacent to the property. She said the road had been built to meet city standards in case it was accepted in the future by the city for dedication as a public wad. She said it looks like a public road and it makes it inviting to explore their property, even though it is posted as private property. She explained their concerns with security and fire prevention, and said they find evidence of pm'ties on their property because there is no gate. A chain they had installed across the road had been r¢/iioved on several occasions. She said it is private land from Stevens Canyon Road up to the house, and they would like to secure the property from ill-intentioned people. She said a letter was sent the council from the adjacent property owner who has a gate, and a home across the street also has a gate. She showed where the property is posted. She said the gate would be six feet tall and would swing open from the middle. Bumett expressed concern about the road, a prospective city street, being gated off. When other homes are built he felt there would be less need for security. He said they had gone to a lot of trouble with the hillside policy, and he was always concerned when projects change aRer they are approved. He said it was apparent that there are serious safety pwblems there, but rather than have it be voluntary that the gates be moved back up the hill when further development occurs, it be mandatory when a certain amount of building has taken place. The road would then be open until you reach the individual houses. Chang agreed with Burnett that this was private property and there were some security concerus. May 15, ~000 Page 11 Lowenthal said he thought they deserved some protection from people going to the open space. He suggested having it come back for a review in a certain length of time. James also agreed they needed a gate and liked the new location. Statton said he did not like gates. However, he thought this case deserved an exception. He said he liked the idea of masldng the large cut in the hillside with landscaping. Bumett moved to deny the appeal and directed that Condition 3 be modified to state that it will be reviewed by the city council in five years to dete.,aine if it should be modified to remove or relocate the gate. In addition, Condition 5 will be added stating that withinn six months the applicant shall plant clinging vines along the wall to mask out the wall, along with instalrmg irrigation, subject to review by the Community Development Director. James seconded and the motion passed 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS 23. Council appwval of composition of the Sports Center Building Design Advisory Committee. The following people spoke in favor of including handball courts in the new design: Sherm Waldman, 7585 Bollinger Road Vernon and Denise East, 10635 Johnson Avenue Jim Guidott/, 22640 Ricardo Road Jack Murphy, 7603 Newcastle Drive Lowenthal moved to endorse the staff recommendation regarding composition of the committee with the addition of a person representing handball and racquetball players, and to appoint Bumett as the Council representative. Burnett seconded and the motion passed 5-0. ORDINANCES - None STAFF REPORTS - None May 15, 2000 Pase 12 '--' COUNCIL REPORTS James informed them that Leadership Cupertino had hired Barbara Nunes and Gaff Jensen as Co-Executive Directors for Tomorrow's Leaders Today. She and other council meinber attended the kickoff of the Cupertino Community Services capital campaign for the affordable housing project. The event was hosted by the firefighters. She attended the Rotary golf tournament on Saturday, which raised money to furnish the new senior center. Lowenthal said that this is Bike to Work Week and tomorrow is Bike to Work Day. Chang agreed that they had hired a good team to lead Tomorrow's Leaders Today. He reported that he attended the Cities Association meeting at which there was a presentation regarding the de-regulation of utilities. He suggested that Cupertino look into the possibility of raising revenues in connection with that de-regulation. Bumett said the housing committee for the County Housing Authority met and recommended that the Board of Supervisors approve a list of projects which included the money for the CCS project. CLOSED SESSION At 9:58 p.m., Council recessed to a closed session regarding City Manager recruitment pursuant to Government Code Section 54957.6, labor negotiations - Discussed At 10:05 p.m. Council reconvened in open session. The City Attorney announced that they had discussed potential additional inputs with respect to selection of city manager and gave direction to thc mayor to that effect. At 10:05 p.m., Council adjourned to Tuesday, May 16, 1:30 p.m., conference room A, for a closed session regarding the city manager recmPu-uent. Ki~City Clerk