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CC 06-18-01 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, June 18, 2001 PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor James 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 Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burnett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piaseeki, Public Works Director Ralph Quails, Senior Civil Engineer Mike Fuller, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to state champion ice hockey teams, Bantam A Division Cupertino Cougars and Pee Wee B Division Cupertino Cougars. Mayor James presented proclamations, pens and a patch to the players, managers and coaches. The Bantam A team presented James with a #1 jersey sporting her name. 2. Presentation to winners of Bike-to-Work Week Challenge. Mayor James presented plaques to the winners: Regional Facility Manager Keith Dias from Compaq and Cupertino City Manager Dave Knapp. Ann Ng from the Bicycle and Pedestrian Advisory Committee (BPAC) reported on the event and gave statistics sheets to the Council. POSTPONEMENTS - None WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Cupertino Host Lions Club President John Kolski presented Council with a check for $1,000 as a thank you for the use of Blackberty Farm. Robert Levy talked about parking problems at the John F. Kennedy school playing field. He said that ears park illegally on the sidewalk in the evenings when games occur. He June Ig, 2001 Cupertino City Council Page 2 asked that parking be enforced. He also discussed having additional stop signs and a traffic light in that area. CONSENT CALENDAR Chang moved to approve the items on the Consent Calendar as recommended. Lowenthal seconded and the motion carried 4-0. 3. Approval of minutes May 30, and June 4 4. Accounts Payable, June 1 and June 8, Resolution Nos. 01-126 and 01-127. 5. Payroll June 6, Resolution No, 01-128. 6. Approve the addition of article XVI to the League of California Cities' bylaws relating to the establishment of a Grassroots Network for lobbying purposes. 7. Endorse the Draft Compact for a Sustainable Bay Area for a prosperous economy, quality environment, and social equity. 8. Making determinations and approving the reorganization of area designated "lq. Stelling .- Road 00-12," property located at 10599 N. Stelling Road, on the west side of Stelling Road, between Gardena Drive and Greenleaf Drive, approximately .24 acre (APN 326- 08-053) Lin-Hai Nan, Resolution No. 01-129. 9. Making detemdnations and approving the reorganization of area designated "Orange Avenue 01-03," property located on Orange Avenue between Lomita Avenue and Almaden Avenue; approximately 0.121 acre, Vemulpalli and Talasila (APN 357-15-013), Resolution No. 01-130. 10. Temis and conditions of employment for 2001-2002 fiscal year: A. Amending the listing of classificatious and salary ranges, Resolution No. 01-131 B. Fixing the employer's contribution for medical insurance (Meyers-Geddes Ac0, Resolution No. 01-132 C. Amending the unrepresented compensation program, Resolution No. 01-133 11. Approval of request for additional services from Winzler & Kelly Consulting Engineers for Bollinger Road Bicycle Trail Facility Improvement Project. 12. Improvement agreement: Reza Norouzi and Firouzeh Hoveidarad, 22771 Stevens Creek Boulevard, APN 342-12-036, Resolution No. 01-134. 13. Approval of Contract Change Order No. 2 in the amount of ($249.00) for Traffic Signal Installation at Stevens Creek Boulevard at Saich Way, Project No. 9526, Resolution No. 01-135. June 15, 2001 Cupertino City Council Page 14. Renewal of contract with Tally's Enterprises for reconstruction of curbs, gutters, sidewalks, Resolution No. 01-142. 15. Approving the final map of Tract No. 9313, located at 22020 Homestead Road; Developer Hossain E. Khaziri and Christine V. Khaziri, husband and wife as Joint Tenants, and Michael M. Aminian, Trustee U/D/T Michael M. Aminian 1999 Trust Dated April 23, 1999, accepting certain easements; authorizing signing of final map and execution of agreement, Resolution No. 01-136. 16. Recommendation to support Assembly Bill 78, sponsored by Assemblywoman Elaine Alquist. Vote Members of the City Council AYES: BurneR, James, Lowenthal, Chang NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 17. Ordering abatement of public nuisance (weeds and brush) pursuant to provisions of Ordinance 724 and Resolution No. 01-114, Resolution No. 01-137. Mayor James opened the public hearing at 7:18 p.m. There were no speakers, and the hearing was closed. Burner moved to adopt Resolution No. 01-137. Chang seconded and the motion carried 4-0. 18. Adopt the Operating Budget for the 2001-02 fiscal year, establish appropriation limit, and approve the granting of a Negative Declaration. A. Adopt an operating and construction budget for fiscal year 2001-02 by ratifying estimates of revenues to be received in each fund and appropriating monies there for specified activities and accounts and setting forth conditions of administering said budget, Resolution No. 01-138 B. Establish an appropriation limit for fiscal year 2001-02, Resolution No. 01-139 Administrative Services Director Carol Atwood reviewed the staff report and showed highlights via a Powerpoint presentation. She said the budget assumptions this year included an economic downturn, rising costs of power, no new revenue sources, a construction escalation factor, and some revenues "at risk." She reviewed the General June Ii, 2001 Cupertino City Council Page 4 Fund revenues and explained that the revenues at risk include utility users tax, PG~cE franchise fees, vehicle license fees and sales tax. She said that the proposed programs include revenue aht~ncoments, general fund expenditures of salary increases, new debt and major Capital Improvement Projects (CIP) funding. She highlighted the 5-year CIP program, which includes the library and the Sports Center; and said that the General Fund reserve policy is set at $15 million. The following individuals expressed their desire for Council to spend the $22 million needed to build the new library with no reduction in size. Kathie Mulvey, 20303 Clifden Way Dorothy Stow, 20197 Las Ondas Way Gerry Mulvey, 20303 Clifden Way Thelma Epstein, 7975 Rainbow Drive $illian Hamer, 10310 Lockwood Drive Jean Bedord, 11120 Santa Teresa Drive Some of the comments included: The city has spent too much money on recreation, such as the Sports Center; people move to Cupertino because of the educational facilities, such as the library; the library measure passed with 71% of the voters wanting to spend up to $22 million for an adequately-sized library; and capital project decisions should be based on satisfying an existing need, providing service to the largest number of citizens possible, serving the community for at least 10-15 years after their completion and taking the yearly operations and maintenance costs into account. Bur~ett said that the construction of the Sports Center is not an option because it must comply with the American Disabilities Act (ADA) and the City has already experienced some legal issues because of this. He commented that the library ballot measure said that "up to $22 million" could be spent. Burnett also said he was concerned about finding a good use for the existing library. Chang said he is committed to building a library that is adequate but that the budget must balance. He said he also wanted to look again at how the existing library could be used and to look at the overall demographics and library usage and how it might change over time, to see what numbers the library capacity is based on. Lowenthal commented that everyone who spoke on this issue was acting very responsibly in regards to the City's financial situation. He said he thought that hasty assumptions had been made about using the old library for new library functions and it deserved more review. He said he felt the need to do this "largest capital project ever" the right way, keeping in mind the economic uncertainties but he wanted to see how expansion for the new library would look. He said Council should try to shift every dollar it can to this project. James explained that a multi-purpose community room was being considered for Council and community use rather than just being a new Council Chambers. She said that the staff 2001 Cupertino City Council Page $ was looking into finding other resources and assets and will prepare a report for Council. She also mentioned that the ballot measure said "between $17o$22 million," so $19 million was in the ballpark. The newly hired architects would be able to determine whether the new library would have adequate space. Lowenthal moved to approve the proposed budget but added that Council needs to review the library funding again at a study session. Chang seconded and the motion carried 4-0. Burnett moved to adopt Resolution No. 01-138. Chang seconded and the motion carried 4-0. Bumett moved to adopt Resolution No. 01-139. Lowenthal seconded and the motion carried 4-0. 19. Nonpoint Source Pollution Program, Assessment of Fees for Storm Drainage Purposes, Resolution No. 01-140. Public Works Director Ralph Quails reviewed the staff report and said that the storm drainage fees were set in 1991 and no change was recommended. Mayor James opened the public hearing. There were no speakers, and the hearing was closed. Bumett moved to adopt Resolution No. 01-140. Lowenthai seconded and the motion carried 4-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 20. Monta Vista High School Student Parking Pilot Program. Public Works D/rector Ralph Quails reviewed the staff report which concluded that there are 3 alternative approaches to this program: 1) Make tiffs an all-voluntary program; 2) Make this a mandatory program and extend it to the remaining school year; 3) Continue the Pilot Program on Hyannisport and Dolores in its current form and continue the effort to 8 other streets and report back with recommendations. He said the Task Force recommendation was to proceed with a voluntary program with a report back prior to the end of this year. Betty Pow, Principle of Monta Vista High School summarized the parking situation at the school during construction and the need for help from the community residents for a period of about a year and a half. She said that the task force proposes a voluntary lune Ig, 2001 Cupertino City Council Page 6 parking pilot program where there would be one student parking space in front of each participating house. The following members of the task fome expressed their support of this program. Mike Cummings, 22034 Baxley Court Oded Cedar, 10481 Stokes Avenue Allison Weeks, 11630 Wildflowor Court Sandy Ravizza, 21945 Hyannisport Drive Victoria Gomcz, 21880 Dolores Avenue Their comments included: Building community and understanding between the students and the residents; using a student conduct liaison to monitor and avoid potential problems with littering, reducing aggressive driving and loitering of the students; and reducing parking congestion by allowing only one car to park in i}ont of each house. Betty Pow explained that three buildings are being renovated and 14 portables wore brought in for classroom space, which displaced the parking spaces. After the construction is finished, the school will have about 500 spaces total but that facilities on campus are limited with the current enrollment and space will always be an issue. She said that if monies were available, a parking structure could be built under the tennis - courts but that currently the school is $10 million over budget with the new construction. James commented that the previous offer of Blackberry Fax-iii for student parking had been rejected and said that the City had recently offered it again. District staff member Gene Longinetti said that the offer was rejected because of the distance and because of the lack of sidewalks from Blackberry Pa~Jxi to the school, which is a potential liability for the school. He said that the idea of shuttle buses was also rejected due to the expense. James responded that there were ways to accommodate the sidewalk issue and wanted to look further into this since Council has been trying hard to make Cupertino a more walkable community. She asked the task force to look further into the offer to use the Farm parking lot. The following individuals expressed their opposition to this program using a Powerpoint presentation. Max Spivak, 10861 Santa Teresa Drive James Shih, 21801 Dolores Avenue Wilson Woo, 21848 Dolores Avenue Dennis Yau, 21795 Hyaunisport Drive Susan Camillori, 10812 Wilkinson Avenue Kelly Kendle, 21746 Noonan Court David Frederick, 10852 Wilkinson Venkat Bommakanti, 948 Fort Baker Drive Bob Vitro, 10480 Orange Avenue Howard Bauman, 21947 Shattuck Drive June I g, 2001 Cupert'mo City Council Page 7 Brian Low, 21736 Noonan Court Suzanne Ford, 10853 Wilkinson Avenue Their comments included: FUItSD has the responsibility to provide adequate parking for the students; any resident can akeady lend their parking permit to anyone so an additional program is not needed; 93% of residents are against the proposed parking program; concern over speeding and traffic in the proximity of Lincoln Elementary School; fire hazard due to smoking of the students; trash left by the students; things are better than before the Parking Pilot Program but still not great; not enough residents on the task force, not enough meetings and not enough notice to attend the meetings; homeowner liability; not being able to park in front of one's own house; suggest closing the campus for lunch; recommend that Council say no to all 3 options presented by staff, have students help pay for shuttle buses from Blackberry Farm, and propose a community- wide group of people meet to come up with a viable solution to pwtect the children, streets and neighborhood. The following individuals expressed their support of this program. Sheila Martin, 10382 Orange Avenue Cathy Davis, 21926 Hyannisport Drive Robert Levy, 10802 Wilkinson Avenue -- Dean Jaynes, 10841 Santa Teresa Drive Their comments included:' The burden of limited parking would be spread out among more streets and residents; student drop-offis a problem; The following individuals expressed their opposition to this program. Jim Fullerton, Old Town Court Ken Race, 906 Liberty Court Bernd Stamme, 8187 Presidio Drive Pat Yanez, 8173 Presidio Drive Rebecca Kobayakawa, Wilkinson Avenue Donald Oestreicher, Old Town Court Natalino Camilleri, 10812 Wilkinson Avenue Their comments included: Pushing back the student participation to those who live a mile or more away; building a vertical parking structure; encouraging the residents to form a political action group and appear before the State Educational Board that the school tell the students that they must drive themselves to athletic events, but doesn't provide enough parking; that crosswalks give children an illusion of safety with traffic congestion. One person suggested that Lowenthal should abstain fi~m the vote due to conflict of interest because his daughter will be a senior at that school. Bumett said that the most compelling issue is safety and said that he hopes the Safe Routes to School Program will help make the streets safer for children to walk and ride June l g, 2001 Cupertino City Council Page their bikes to school, but said that program success relies on the neighborhood and the parents. He said he wants to give the voluntary program a try with careful eunsiderafion about which streets are appropriate. Chang said that the neighbors have come to the Council for relief and have a fundamental fight to safety around their neighborhood and to have guest parking. He said that Blackberry Faxm should be considered as a serious solution and the schools should listen to the residents' comments. He said that extending the program to a one-mile radius is a good idea to encourage people not to drive and that the volunteer parking would spread out the burden. He encouraged the schools to step up to help solve the problem. Lowenthal said he will not abstain from this issue because he does not have a conflict. He said that his daughter participates in the community in many other ways and this is just one of those. He said that a mandatory parking program in place and the school later asked to make it voluntary in order to maintain a good relationship with the neighborhood. He said that this is a school district issue and the City is trying its best to deal with the situation of inadequate parking at the school campus. He said he would be happy to go to the school district meetings to help solve this issue, including talking about parking garages under the tennis courts, busing, etc. Lowenthal said that traffic issue is a neighborhood issue and students have some fights and are being inconvenienced by the school. He said that if visibility is a problem, then the City will paint the curb red, but if the residents just don't want students to park there, he was less sensitive to that because the City must serve the students too. Lowenthal commended the students who had spoken for being respectful of the situation with the residents. He said he liked best the idea of spreading the problem at a low density and commented that rejecting the voluntary program and restricting parking to residents only means taking away a neighbor's ability to allow a student to park there. He supported the use of Blackberry Farm for parking and asked the neighbors to think about the situation between now and Sanuary and to bring a better solution to Council. James said that she is in favor of the voluntary program and also supports using Blackberry Farm for parking but wants to see some long-tem~ solutions. She said that everyone needs to do a better job of carpooling and that the school needs to provide better safety for students who roller blade and bike to school. She said that she is aware of traffic around the schools and mentioned the City-School Summit meetings where the district and the City are working together to solve this issue. Chang said he would like the high school to review its policy so as to not encourage driving, and Burnett mentioned giving parking priority to the students who live the farthest away. Quails said that staffwould report back to Council prior to the fall semester. Bumett moved to 1). Adopt the voluntary student parking program on all streets as proposed by the Monta Vista High School Parking Program Task Force, 2). Direct staff June 18, 2001 Cupertino City Council Page 9 to review the situation at Fort Baker/Presidio to determine if additional alternatives should be considered for this unique school drop-offlocation and 3). Ask that the school district provide better statistics on the school's projected parking needs. Lowenthal seconded and the motion carried 4-0. 21. Designating a preferential parking zone on Imperial Avenue between Alcazar Avenue and McClellan Road, Resolution No. 01-141 (deferred from 6/4/01). Public Works Director Ralph Quails reviewed the report and recommended approval. He mentioned that the voluntary parking issue would also apply to this street. Ann Gill, who lives on Imperial Avenue, spoke in opposition to preferential parking and said that permit parking would stop the elementary student parents from parking to bring their children to school. Ashok Bhatia, 10415 Imperial Avenue, spoke in opposition to preferential parking because he wants the Council to find a permanent solution and not just a temporary one. Sandie Zander, 10350 Imperial Avenue, spoke in favor of preferential parking because of parking congestion due to student parking. She asked Council to think about a short waiting zone for drop-off and pick-up on Orange Avenue and Imperial Avenue, which -- could only work ifMonta Vista High School students weren't already parked there. Council asked staff to pursue looking at a drop-off zone which includes a solution for Lincoln Elementary School parent part-time parking and that this solution be part of the permit parking. Bumctt moved to adopt Resolution No. 01-141. Lowenthal seconded and the motion carried 4-0. RECESS The Council took a 10 minute recess from I 1:00-11:10 p.m. NEW BUSINESS - continued 22. Presentation of a development application by Charles Corbalis, representing Canyon Heights Academy, LLC, for a use permit and rezoning to construct a 240,000 square foot private school accommodating 1,500 students on the site of the fomser McDonald-Dorsa quarry (inforoiational only--no action to be taken). City Attorney Charles Kilian abstained from participation and discussion on this item and left the room. He had a potential conflict of interest related to property ownership. Community Development Director Steve Piasecki reviewed the report and said that the applicant is starting the application process. He stressed that this was an infom-~ational June lg, 2001 Cupertino City Council Page 10 .... meeting only to inform the Council of this application and not the formal public hearing process, so Council was not able to render any decisions. He said that the applicant is preparing an Environmental Impact Report (EIR) to address any impacts associated with traffic, the natural environment, the Stevens Creek watercourse and riparian corridor, the sun'ounding mountainous area and the surrounding residential areas. He said the EIR is expected to be in final form in February of 2002 and that the public hearings are projected to occur in March or April of 2002. Piasecki explained that the General Plan has designated this site for low-density residential land uses to only accommodate 12-14 dwelling units. The Plan also allows public land use, including churches, schools, day-care centers, etc. subject to the detel~ination that the use is compatible with the surrounding neighborhood, the street and the utility system capacity. He said that the applicant does not need to apply for a General Plan amendment. Virginia Fanelli, the Project Manager for the Canyon Heights Academy presented an overview of their application for the private, non-profit school. She said the total project would include 131 acres, and would serve children from pre-kindergarten through high school. Full enrollment was not expected until 2020. The main site of the school will include an auditorium/chapel, a gymnasium, two buildings for grades 3-8, two buildings for high school, a multi-purpose/dining room, a soccer field, parking, a baseball diamond · -. and other playgrounds. She said that 70% of the 131 acres would be preserved for open space (combination of public and private). She said a transportation plan is being developed, including carpools, v~_n~, shuttles and busing, and they will also look at other mitigation measures like staggering starting times and limiting on student drivers. They are also working with the public works department to expand the City's planned improvements of Stevens Canyon Road. She said that the academy would bring to the community an excellent private academic education to augment Cupertino's outstanding school system; an alternative education choice for the development of tomorrow's leaders; a public and private partnership with environmental programs; cutting edge technology to be shared with other schools; shared facilities with the community, such as the soccer field and multi-use center; road improvements; vital link in trail system; and a re-vegetation program in abandoned quarry area. Charles Corbalis, applicant, talked about the project and his vision for helping the community with this school. He said that the school opened last year with 4 teachers and 13 students. He said that the objective of the school is for children to be able to reach their full human potential through rigorous scholarship and strong moral guidance. Council members discussed their concerns about traffic and safety. The following individuals spoke in opposition. Alan Miller, 11042 Canyon Vista Drive (Representative for Stevens Canyon Residents Association) June 2001 Cupert'~no City Council page 11 Richard Pospisil, 16530 Stevens Canyon Road Cris Wendt, 22600 Ricardo Road Steve Haze, 22681 San Juan Road Ian Andrew, 23500 Cristo Rey Drive Craig Breon (Executive Director of the Santa Clara Valley Audubon Society) Roger Costa, 10932 Canyon Vista Drive Donna Poggi, 22384 Riverside Drive Ignatius Ding, 10397 Avenida Lane Ken Brown, 22475 McClellan Road (President of Foothill Comers Homeowners Association) Viranjit Maclan, 10751 Santa Lucia Road Robert Levy, 10802 Wilkinson Avenue (neutral to the issue) Steve Faust, 11033 Canyon Vista Drive Kelly R. Crowley, 22221 McClellan Road (Environmental Advocate for Santa Clara Valley Audubon Society) John Klein, 10236 Pale Vista Road John Michel, 22540 Ricardo Road Dean Sayre, 10805 S. Stevens Canyon Road Tom Hinkelman, 10910 Kester Drive (President of Rancho Deep Cliff Homeowners Association) Their comments included: concerns about environmental impacts, traffic congestion, noise, safety, quarry truck tralTlc, and flooding from a nearby earthen dam; inappropriate land use, blocking view of mountains, negative impacts on housing value; lack of public transit; degrading the creek habitat of the steelhead trout, an endangered species, that Cupertino already has a good school system; and that there is no second access road in case of natural disasters. Chang concurred with staff that there were potentially significant environmental issues. He asked if the applicant is able ask for a preliminary finding of an EIR regarding these conc~txis. Burnett said he was concerned about the Residential Hillside Ordinance and the effort put into protecting that area. He is also concerned about the loss of 12-14 potential housing units in an area that desperately needs housing. Lowenthal said that he wasn't sure how the traffic issue could be addressed, and Council would need a lot of specificity before agreeing to approve the project. James said that this project has some serious challenges such as the environmental and traffic issues, and this site was problematic. Fanelli said that she felt solutions could be worked out which would be amenable to the neighbors, and that the neighborhood in turn would benefit fi'om the school. 2001 Cupertino City Council Page 12 ORDINANCES City Attorney Charles Kilian came back to the meeting. 23. First reading of Ordinance No. 1881: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.16 of the Cupertino Municipal Code, City Council - Salaries." The City Clerk read the title of the ordinance. Burner moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried 4-0. STAFF REPORTS - None COUNCIL REPORTS - None CLOSED SESSION At 12:35 a.m. the city council recessed to a closed session to discuss the following items: A. Significant exposure to litigation - Government Code Section 54956.9Co)(1) regarding housing mitigation fees related to building pemdts for Honeywell, Inc. and Berg & Berg Developers. B. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, regarding Proposal for Compaq Skate Park. At 12:43 a.m. Council was back in session. The City Attorney announced that the Council authorized a settlement as described in closed session with Honeywell, Inc. and authorized proceeding with respect to Berg & Berg as discussed in closed session. In regards to the Compaq Skate Park, Council directed staff to proceed along the lines as discussed in closed session. ADJOURNMENT At 12:45 a.m. the meeting was adjourned to a study session at Blackben'y Farm, 21975 San Femando Avenue, Cupertino, from 8 a.m. to noon regarding Vallco Fashion Park. Ki~ity Clerk