CC 02-22-00 APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, February 22, 2000
CALL TO ORDER
At 5:35 p.m., Vice Mayor James called the meeting to order in Conference Room A of City Hall,
10300 Tone Avenue, Cupertino.
ROLL CALL
City Council members present: Vice-Mayor Sandra James, and Council members Michael Chang
and Don Burnett. Council members absent: Mayor John Statton and Council member Richard
Lowenthal.
Staff present: Deputy City Clerk Roberta Wolfe.
INTERVIEWS OF CANDIDATES AND APPOINTMENT TO ADVISORY BODIES -
1. Conduct interviews and appoint candidates to the Library Conunission and Public Safety
Commission.
Council interviewed Katherine Stakey and appointed her to the Library Commission for a
partial t~ll~ ending in 2003.
Council interviewed Bradley Tice, Leslie Schreiber, and Julie Goodman, and appointed
Bradley Tice to the Public Safety Commission for a partial term ending in 2002.
At 6:10 p.m., the meeting recessed, and reconvened at 6:45 p.m. in the Council
Chambers, 10300 Tone Avenue, Cupertino
Mayor Statton called the meeting to order and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Station, Vice-Mayor Sandra James, and Council
members Don Bumett and Michael Chang. Council members absent: Richard Lowenthal.
Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation
Director Steve Dowling, Public Info,.~ation Officer Donna Krey; Public Works Director Bert
Viskovich, Planner Vera Gil, Senior Building Inspector Greg Casteel, and Deputy City Clerk
Roberta Wolfe.
February 22, 2000 (~upert~no City Council Page
CEREMONIAL MATTERS - PRESENTATIONS
2. Community update on El Camino Hospital by Mark O'Connor, El Cam'mo Hospital
Board of Directors
Mr. O'Connor outlined the history of the hospital and asked for the support of the
Cupertino community. He said he hoped they could create on ongoing dialog between
council and the hospital. He invited council mca~bers to visit the hospital and said he
hoped they could begin to cooperate as two government entities.
3. Report from city committee or commission: Fine Arts Commission
Ms. Charlene Pai, Chairperson of the Fine Arts Commission, discussed some of the
commission's past accomplishments, which included bringing the San Francisco
Shakespeare Festival to Cupertino, beginning a music and dance recital program which
has become a permanent feature of Euphrat's Family Day, sponsoring the children's art
show in the Cupertino Cherry Blossom Festival, selecting finalists for the public
sculpture at the Four Seasons Comer, and awarding $12,000 last year in grants to
individual artists and fine arts organizations. Next year's goals include the completion of
the Four Seasons Comer park, a mural in the children's area of the Quinlan Center, and
continued outreach to other municipal and community arts organizations.
POSTPONEMENTS
Council members concurred to continue item No. 10 to March 20, and item No. 15 to March 6.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Bumett moved to approve the ite~s on the consent calendar with the exception of Item 7.
James seconded and the motion carried 4-0.
4. Accounts payable: February 4 and Febmsry 11, Resolutions 00-059 and 00-060.
5. Payroll: February 4, Resolution 00-061.
· 6. Review of application for Alcoholic Beverage License for Dubon Liquor, 10073 Saich
Way.
_ 8. Declaring intention to change street name, Sycamore Drive to Sycamore Court,
Resolution 00-063.
9. Acceptance of municipal improvements:
February ~9~, 9-000 (~upertlno City Council Page
(a) Jimmy Fung, 21451 Vai Ave., APN 362-04-019
(b) Danny Lee, 10121 Camino Vista, APN 342-14-080
(c) DB Group LP, 10129 Camino Vista, APN 342-14-081
Vote Councilmembers
Ayes: Bumett, Chang, James, and Statton
Noes: None
Absent: Lowenthal
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Authorizing filing of applications for Federal Surface Transportation Program &
Congestion Mitigation & Air Quality Impwvement Program Funding for traffic projects,
Resolution 00-062.
Public Works Director Viskovich provided an update on the projects, noting that the
proposal is three layers, all dealing with the interconnect system. These are upgrades to
that system, including better timing plans.
Bumett moved to adopt Resolution 00-062. James seconded and the motion passed 4-0.
PUBLIC HEARINGS
10. Reconsideration of determination by the City Council on January 3 denying the appeal of
Steven Holhnan and upholding the decision of the City Manager regarding use of city
park facilities by the Cupertino Unified School District for commercial day care center
operations. Petition request/nE reconsideration filed by Steven D. Hoffman. Continuance
until March 20 requested.
Council members concurred to continue this item to March 20.
11. Public hearing to deteimine if'a nuisance exists and to order abatement at 20091 La Roda
Drive, Resolution 00-067.
Senior Building Inspector Greg Casteel reviewed the history of the matter and outlined
staff's recommendations, including hiring a contractor to abate the nuisance. Once that is
done, the house will still not be occupiable until there is sanitation, hot water, etc. When
that is completed the city will do an inspection.
Bumett moved to adopt Resolution 00-067. James seconded and the motion passed 4-0.
12. Public hearing to detemfine if a nuisance exists and to order abatea~ent at 10645 Cordova
Road, Resolution 00-068.
2000 Cupertino C~ty (~ounc',l 'Page
Senior Building Inspector C-reg Casteel presented a history of events leading to the public
hearing and outlined staff's recommendations. He said that the owner had tried to board
up some of the openings in the building to keep people out of the residence, but there are
still people getting into the second story and underneath the house, and there continued to
be complaints. He showed 3 slides of the residence, which illustrated the movement of
the structure and the portions of the deck which were rotted. He said it is a definite safety
hazard and an attractive nuisance.
Brian O'Grady, 1134 W. E1 Camino Real, Mountain View, owner of the property in
question, agreed that the structure needed to come down, but was conce~tted about the
timing of the demolition. He said stability of the hillside is a big issue in the
neighborhood, and demolishing the house now would add to the problem. He said he
hoped to have the application for an exception come before the Planning Commission in
the next 6 to 8 weeks, and would apply for a demolition pe~-~itit in connection with the
grading process in 3-4 months. He said he had boarded up the house, but would be
willing to look at whether it was feasible to fence the area in the meantime.
Discussion followed regarding the possibility that removing the foundation wall would
destabilize the hillside. Mr. O'Grady said engineering reports indicate that the house sits
on uncompacted fill.
Community Development Director Steve Piasecki outlined options for the council,
including giving the pwperty owner 30 days to fence the property and provide an
engineering report to the City stating whether removing the structure would cause
problems with the hillside.
The Senior Building Inspector said he did not know if leaving the retaining wall would
help hold the hillside in place, or if removing it would affect the drainage. He noted that
the hillside is steep, and the owner had tried his best to board the house up to keep people
out.
Council members expressed concern about how long this situation had existed and said
they would prefer to have it addressed quickly. Mr. O'Grady said he was willing to get a
report as to whether he could remove some or all of the structure at this time.
Doris Jacobs, 10676 Cordova Road, said her house is across fiom the structure in
question, and the structure has been a magnet for teenagers. She said somebody was still
going into this building, and she thought it was a danger. She said the neighbors were
concerned with the hillside, but they felt that Mr. O'Grady had been given many
opportunities to do something about this structure. She asked if someone had to get hurt
before the city forced the property owner to do something that he knows should be done.
_ Annie Chyu said she lived next to Mrs. Jacobs. She said the door of the house faced her
kitchen and dining room windows, and sometimes she is scared because she doesn't
know who is at the house. Police have been called several times. She said she and her
neighbors want the structure taken down, but the retaining wall could reixiain. The owner
February 22, 2000 Cupertino City Coun61 Page
had done nothing about thc situation, even though hc has b~n notifiad three times; she
had received copies of thc notices from the city. She said she didn't think it was possible
to build three houses on the property.
Councilmembers agreed that the house should be removed, not just fenced, and that it
was thc owner's responsibility to make sure it was done in a safe manner.
Piasecld said staff's preference was that the property owner deal with this situation. He
said approval of the exception might take awhile, and they would rather not wait for that
to take place before the house is demolished. He said if the owner is not willing to do it,
council could author/ze the city to get its own structural analysis and consider
demolishing thc house based on that.
City Attorney Kilian stated that council had two options: (1) Direct the property owner
to fence the property and get a report indicating how difficult it would be to tear the
house down; or (2) Order that he abate the nuisance, give him 30 days to do so, and in the
interim, as part of the cost of removal hire an engineer to study thc hillside to make sure
removal would not disturb the hillside. He said if thc city undertook the demolition, they
needed solid scientific evidence that it would not cause sliding.
James moved to adopt the resolution ordering demolition and removal of the structure,
subject to the owner being allowed to abate the nuisance within 30 days (March 23);
thereafter the city will undertake to abate the nuisance, including engaging an expert to
assure that no problems with the soil will occur. Bumett seconded the motion. The
motion passed 4-0.
Mr. O'Grady indicated that he was willing to initiate the work himself as soon as
possible, in a safe manner, and to pay for it. Staff advised him that the turnaround time on
a demolition permit was very fast.
13. Public hearing regarding Notice of Intention to Abate and Remove an Abandoned,
Wrecked, Dismantled or Inoperative. Vehicle or Parts Thereof as a Public Nuisance. The
vehicle owner is Steven Reed, 6276 Shadygrove Court.
Staff noted that the nuisance no longer existed and that Mr. Reed did not wish to address
council. No action was taken.
14. Ordering vacations of various easements:
(a) easement, Parcels A and B, Pnmeddge Avenue, Resolution 00-069
Co) easement, Linnet Lane, Resolution 00-070
(c) easement, retaining public utility easement, Becker Lane, Resolution 00-071
(d) sanitary sewer easement, Linnet Lane, Resolution 00-072
Public Works Dir~tor Viskovich said this was a housekeeping chore as part of the
approval of the projects of the Hilton Hotel and the apartments near Pruneridge, Wolfe
February 22, 2000 Cupertino City Comaeil Page 6
and Linnctt. He said all thc vacations were consistent with council's conditions of
approval for the project, including access to pm'ecl 2.
James moved to adopt Resolutions 00-069, 00-070, 00-071, and 00-072. Chang
seconded, and the motion passed 4-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
15. Consider recommendation of Parks and Recreation Commission to install a pedestrian
access at Kennedy Middle School along Hyannisport Drive.
Council members concurred to continue this item to March 6.
16. Authorizing execution of ground lease with Santa Clara County Central Fire Protection
District, 1-1.2 acres located affordable housing project, Resolution 00-073.
City Attorney Charles Kilian said that the affordable housing would be in the fo~-ra of
rental housing, together with an office and warehouse for Cupertino Community
Services.
Mary Ellen Cheil, Executive Director of Cupertino Community Services (CCS), asked
council to appwve the lease, noting they had been working for several years to provide
affordable housing to people who live and work in Cupertino. They are pwposing to
develop 24 one- and two-bedroom units. She said CCS has committed to raising $1
million.
Don Allen, Chairman of Cupertino National Bank and CCS capital campaign chair, said
there is a risk in the city entering into the agreement, primarily whether CCS can raise $1
million dollars for their participation in the development of the property after the lease is
executed. He said they are already more than halfway toward that goal and he was
comfortable that it would be accomplished.
At 8:14 p.m., Council recessed to a closed session in Conference Room A. At 8:40 p.m.,
Council reconvened in open session. The City Attorney announced that the City Council
discussed the pros and cons of executing the ground lease at this time. The decision was
to approve the resolution.
Bumett moved approval of resolution No. 00-073. James seconded, and the motion
_ carried 4-0.
James praised the project and acknowledged Don Burnett who had worked with the
neighborhoods.
February 22, 2000 Cupertino City Council Page 7
Station acknowledged staff, Don Bumett, and Mary Ellen Chell for their ideas and their
work.
At 8:45 p.m., the Council meeting recessed and the members reconvened as the
Redevelopment Agency. At 8:50 p.m., the Council reconvened in open session.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
James said the first meeting of the skateboarding park task force was held. She said half of the
people were teens, and the group was very energized. She missed part of the meeting because
she was representing the city at San Jose Mayor Ron Gonzales' state of the city address. She and
Chamber Director Linda Ashury went to see offthe delegates to Hsin-Chu City. She and Burnett
welcomed a Japanese delegation visiting the city. They were particularly interested in technology
and how technology and education in our city government interact. She and many other city
representatives attended the Lunar New year luncheon sponsored by the Chamber of Commerce,
and she also attended the Women's Business Council.
Chang reported that he and James attended the Leadership Cupertino Steering Committee
meeting last week, and both the adult and high school programs are going well. Unfortunately,
the director for the high school program will not be continuing in that position next year, and
they will be hiring a new director. He said Carol McNeil had successfully reactivated the high
school program.
Burnett said he had reported to the Cities Association regarding Association of Bay Area
Governments (ABA(]) activities, and about the controversial plans to expand the San Francisco
Airport. There was a discussion about housing quotas. He said that the Governor has created a
commission to start looking at increased ferryboat usage in the bay. He said that Mary Ellen
Cheil gave a presentation for funding for affordable housing. He reported a very serious power
outage in Rancho recently. He said apparently there are a lot of problems with losing power
there, and perhaps the city could do something to.make PG&E look at the situation there.
Statton reported that during a visit to Redding he was taken to see their new skateboard park.
Their local cement company donated all the cement for it, and it was crowded. He also visited
the new kids kingdom area in one of their parks that has been donated by Rotary and other local
volunteers
ADJOURNMENT
At 9:02 p.m., the meeting was adjourned.
2000 Cupert~o C;.~, Counc{l
D~uty City Clerk