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CC 02-05-01 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Moeting Monday, February 5, 2001 CALL TO ORDER At 5:00 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council members absent: None. Staff present: City Clerk ~Cimberly Smith. NEW BUSINESS I. Interview candidates for the Audit Committee, Library Commission, and Fine Arts Commission. City Council interviewed Gillian Enos, Stephen Richards, and Vineet Kumar for the -- Audit Committee. Oillian Enos was appointed to a full to~m ending January 2005. Janet Riddell, Eno Schmidt, Vineet Kumar, Charles Liggett, and Edward Jajko were interviewed for the Library Commission. Janet Riddell and Eno Schmidt were appointed to full terms ending January 2005. Barbara Phelps and Gillian Enos were interviewed for the Fine Arts Commission. Barbara Phelps was appointed to a partial term ending January 2002. RECESS 6:35 - 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 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 Burnctt and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Community Development Director Steve Piasecki, _ Parks and Recreation Director Therese Smith, Planner I Peter C-illi, Planner H Colin Jung, Public Works Director Ralph Q~mlls, and City Clerk gimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 2. Reco~ition of Santa Clara County Sheriff Laurie Smith, thc Sheriff's Office, and the Sheriff's Emergency Response Team (SERT) Sheriff Laurie Smith gave an update on the bomb threat at DeAnza College. She explained that public safety officials were notified about photographs of a person with what appeared to be bombs and weapons. A search of his home uncovered those materials, as well as apparent plans for an attack on the campus. In the interest of safety, appwximately 13,000 students were evacuated while the campus was searched. The investigation is ongoing. She commended the two young women who had been involved in making the initial call, as well as the San Jose Police Department for their follow-up. Sheriff Laurie Smith introduced Commander Dave Clifford, Capt. Jeff Miles, Watch Commander Lt. Nancy Ludckc, and Lt. Pete Rode of the Santa Clara County Sheriff's Office. She explained that Cupertino contracts for public safety services with the Sheriff's Office. Thc city does not need a full-t/me emergency response team, or detective bureau, but when there is a n~.~d for those special skills they are immediately available, and the officers are fully trained and experienced. The Council members and the City Manager offered their individual thanks and appreciation for how well this incident was handled. Mayor James read a pwclamation honoring the Santa Clara County Sheriff's Office, Kelley Bennett, and MJchelle Houde. James said that there will be a community gathering to honor the Sheriff's Department Ms. Bennett and Ms. Houde, and the DeAnza College staff. Also, a scholarship fund has been set up to benefit Ms. Bennett and Ms. Houde. It will be handled through the Foothill-DeAnza College Foundation. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang moved to approve the items on the Consent Calendar, as recommended, with the exception of items 3, 16, and 17 which were pulled for discussion. Bumett seconded and thc motion carried 5-0. 4. Accounts payable: San, ary 5, January 12 and Jan,~ry 19, Resolutions 01-029, 01-130 and 01-039. February 5, 2001 C~upert~o City Counell Page ~ 5.Payroll: January 19, Resolution 01-031. 6. Treasurer's Bu.dget Report - December 2000. 7. Adoption of annual investment policy. 8. Annexation: Setting date for consideration of reorganization of area designated "Lavina Court 00-11", property located on the north side of Lavina Court bet~veen Flora Vista Avenue and Ann Arbor Drive; approximately 0.26 acre, Wong and Fang (APN 326-08- 024), Resolution No. 01-032. 9. Recommendation of the Planning Commission for the representative and alternate to the Environmental Review Committee. 10. Review of applications for Alcoholic B~vemge Control licenses: · Erik's Deli Caf6, 19652 Stevens Creek Boulevard · Chipotle Mexican Grill, 10385 S. De An~.a Boulevard 11. Approving the final map of Tract No. 9251, located at 7359 Rainbow Drive; developer SQJ Development Company, Inc.; accepting certain easements; authorizing signing of final map and execution of agreement, Resolution No. 01-033. 12. Approving contract change order No. 11, Cupertino Senior Center, Project 99-9210, in the credit amount of ($7,504.00), Resolution No. 01-034. 13. Acceptance of city projects pct£ormed under contract: Miller Avenue Bicycle Facility Improvements and Stelling Road Bicycle Facility Improvements 14. Establi~hirtg an annual Disadvantaged Business Enterprises Goal, Resolution No. 01-036. 15. Increasing part-time hourly rat~ for Parks and Recreation staff, Resolution No 01-037. Vote Members of the City Council AYES: Burnett, Chang, James, Lowe~thnl; NOES: None ABSENT: None ABSTAIN: None t~el~ruary ~, 3001 (~upett~o/~{ty (~ouncll Page 4 ITI~M$ REMOVED FROM THE CONSi~NT CALI~N1)AR (above) 3. Minutes: Sana~ry 8 and January 9, 2001 regular adjourned meetings, lanuary 16, 2001, regular meeting, and Sanuary 19 regular adjourned meeting. The City Clerk noted corrections to the minutes of lan. 19: Council member Statton's name should be deleted, duplicate text removed, and the word "new" be added to the phrase about initiatives for 2000-2001. Lowenthal moved to approve the minutes as con~eted. Bumett seconded and the motion carried 4-0. 16. Authorize staff to amend the FY 2000-2001 operating budget, add the pe~-~-~anent full- time position ~f Senior Civil En~neer in the Public Works Engineering Division and allocate $35,000 from the FY 2000-01 CIP to fund the position, Resolution No. 01-035. Lowenthal asked if thc CIP is the appropriate place to budget this position, or should thc money be moved to the operating budget. The city manager said it was very typical at thc entire cost of the capital project to shown, including staffing costs to manage the project. Lowenthal moved to approve the item. Bumett seconded, and the motion carried 4-0. 17. Change order request to purchase and install a 72" Box Coast Live Oak at the Senior Center for the Veteran's Memorial. Lowenthal said he had expected to see a proposal for veterans' reco~ition at the Senior Center, as opposed to the budget approval item tonight. Burner agreed that he would like more information. Parks and Recreation Director Therese Smith said that at the last meeting Council had discussed three items: making a contribution to the memorial in Washington D.C., doing something at the Senior Center, such as a tree or flagpole, and adding some public art at the senior center. She had contacted the architect and landscape architect, and they felt a flagpole would be redundant, since the one in Memorial Park can be seen from the Senior Center. The public art would be considered as part of a separate process. She put this item on the agenda so a change order could be made to the contract before the senior center landscaping was concluded. However, if the council wished to wait and see the plans for this change, there would not be much cost difference. Burnett said he didn't think the city could go wrong with an oak tree, and he had confidence in the architccts. He moved to approve itei~ No. 17. Chang seconded, and the motion carried 4-0. February 5, 2001 Cupertino City Council Page PUBLIC HEARIN(~S 18. Fee increases for/roup picnic areas and Blackbary Farm, Resolution .No. 01-038. P~ks and Recreation Director Smi~ reviewed ~e proposed fee increases. It was noted that the new fees shown in the staff report were the same as the exisfinE fees, but the resolution attached to the staff report was correct. Group picnic fees Cupertino Resident $55 Non-Resident $80 Cupertino Business $75 Non-Resident Business $100 Blackberry Farm Golf Course Weekdays $11 Weekends $13 Blackberry Farm Picnic C-rounds Weekdays: adult $6, youth $5 Weekends and holidays: adult $8, youth $6 Burnett moved to adopt Resolution No. 01-038 approving the fee increases. Chang seconded and the motion carded 4-0. 19. Construction nbise: application 04-SP-00, public hearing to consider modifications to the Cupertino Municipal Code. A Negative Declaration is recommended, and this item is recommended for approval. (a) First reading of Ordinance No. 1871, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Community Noise Control." Planner 11 Colin Jung reviewed the staff report, and said that the planning commission recommends the following amendments: 1. Tighten up early morning construction hours and prohibit con.~Uaction activities on holidays. 2. Address the long duration constmetion activities of hired building contractors without affecting sporadic work ofhomeewners and ranchers. 3. Increased penalty for code violation to create greater deterrence. 4. Clarify conflicting and confusing language. 5. Add specific limitations on construction deliveries and pickups. 6. Tighte~l up time restriotions on helicopter usage. Director of Public Works Ralph Quails said that the Public Works staff did not agree with the recommendation to change the workday construction start time from 7 a.m. to 8 a.m. He explained that the contractors like to get their employees, vendors and supplies on the project site before the commute gets very heavy, to avoid scheduling delays and increased February ~, :2001 C~upertlno ~liy ~ouncl! Pase ~ costs. He said there are at least nine other cities in the county that still enforce the 7 a.m. start time, and one uses 7:30 a.m. Thc exception process is fairly cumbersome. Council discussed appropriate starting times, the feasibility of changing the schedule of thc enforcement staff so they are on duty by 7 a.m., and whether fines should be increased. Quails noted that violation of this ordinance would now be a misdemeanor, so fines have been effectively increased by a factor of ten. Lowenthal moved to approve the ordinance as recommended by Plapning Commission, with the exception that the weekday start time shall remain at 7:00 a.m. Bumett seconded and the motion carried 4-0. Bumett moved to approve a Negative Declaration. Chang seconded and the motion carried 4-0. Thc City Clerk read the title of thc ordinance. Burnctt moved and Lowcnthal 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. PLANNING APPLICATIONS 20. Review of pinn Brothers application 05-TM-00 for a tentative map to subdivide a parcel into two lots for an approved planned development; one lot for the residential use (46 condominium units) and one for the retail/office use at 19979-19999 Stevens Creek Boulevard, APN 316-21-029. This iteai is categorically exempt, and it is recommended for approval. Planner I Peter Gilli reviewed the staffreport and site plan. Bumett said housing is a critical issue for this community. The 6,000 sq. ft. of office in this project will generate about 24 new workers, which will require about 16 dwelling units. This development will provide 46 new housing units, so he was happy to support it. James said she hoped that other developers would follow this example and help the city with its ho'using/jobs imbalance. Bumett moved to approve thc application per Planning Commission Resolution No. 6076. Chang seconded and the motion carried 4-0. UNFINISITI~D BUSINESS - None NEW BUSINESS 21. Dcte~,~ine process to fill City Council vacancy created by resignation of John Statton. The City Attorney reviewed the staff report, and explained that the council had 30 days from the vacancy to either appoint a successor or call a special election. If thc election were called today, it would have to occur in June. If they wait until Feb 13 or 14, thc February ~, 200! /~per//no/~/y/~ounci! ])age election would take place in November. Having the election in November would save the city approximately $65,000. If the special election were called before then, it would occur on June 5, and would cost approximately $65,000 since it would not be consolidated with other elections. There are two other City Council seats also open in November. Council concurred to continue this item to a regular adjourned meeting Tuesday, Feb. 13 and direct staffto prepare a draR resolution calling for a special election on Nov. 6, 2001. They will also consider canceling the regular Feb. 20 council meeting at that time. 22. Authorization to proceed with a General Plan Amendment and request rezoning to accommodate additional office, retail, and residential development at Town Center (bounded by S. De Anza Boulevard, Rodrigues Avenue, Torre Avenue, and Pacifica Drive). Council member Lowenthal said he would abstain due to a potential conflict of interest, since he owned property within 300 feet of the project area. He expects to t~,minate that interest soon. A video mil-in was shown. The proposed mixed-use development on 12 acres would include 223,000 sq. f. of corporate office space, 194 apa~huents, and 32,000 sq. ft. of retail/commercial space with underground parking. Community Development Director Steve Piasecki said the property is currently zoned for commercial office and residential -- land use, and is within the Heart of the City planning area. It will be necessary to change the Gen~ Plan and Heart of the City text will have to be modified related to development intensity and height of buildings. The zoning will also have to be amended to include ~em/l, hotel, and residential land use components. He said that Council has had two previous study sessions on this project. The applicant will be expected to address the list of 19 conditions which are a result of those study sessions. Also, the applicant has included additional housing in Phase H of his project area, and is willing to consider additional housing on site A-l, across the street, which had some housing but not as much as could be provided if the parking is relocated. Staff expects it may be possible to provide more housing in the 7 acres not owned by this applicant. Mr. Eryc Conens asked if there is anything the city can do to produce power for all these new homes and businesses that are being added. Public Works Director Ralph Qualls said no. Santa Clara and Palo Alto have been in the business of producing their own power for a long time, but that opportunity has passed for Cupertino. Applicant Deke Hunter reviewed the proposed Civic Park site plan and building elevations in his PowerPoint slide presentation. He said this would only be a conditional approval on Council's part and would allow them to investigate the feasibility of the project. There will be trade-offs to consider, such as rental vs. for-sale housing, location of library paridnE, etc. The intention is to provide a downtown that would be a nexus between City Hall and City Center. The site plan reflects their vision of a downtown which connects DeAnza Boulevard to the Civic Center/library. There will be over a half- acre park area with a history walk, water features, etc. February :~, 9001 (~upertlno (~Ity ~o~cll Page ~ ~ Po~-B~k ~ why m m~h of &e ciF is b~g b~lt up, ~d &~ ~ll be no op~ sp~o left. It is ~ too ~e, ~d ~c ~ co~cil to save ~o ~e. Pi~ s~d &e ~f-~ p~k ~ll be ~ ~on to &e ~ sp~e ~t ~s~ today. J~es not~ that &e ~ field ~ll ~m be ~ since ~c n~ lib~ l~a~on w~ c~. C~g s~d ~s d~elop~ ~ ~y ~ one ou~ b~l~g ~ ~e ~~ 'so &e co~cil ~ows he c~ de~v~ ~ exci~g ~d aes&~c~ly pl~g pmj~t. He su~t~ ~id~on be ~v~ to o~ ~es, ~d s~d ~at p~s To~ C~t~ is still &e b~t de~fip~on of &e n~ "~to~" f~l m be c~t~ h~. B~ s~d he s~ &e ~nc~ ~p~ss~ by &e ci~ but p~ple must ~t ~ ~e~ly ~ &ey c~ m ~e ~S popula~on ~d d~c ~nomy. He w~ v~ ~nce~u~ ~ut e~s~g ~d po~fi~y wo~g ho~ing si~fion, ~d s~d it w~ impo~t ~t ~e co~cil ~i~ l~d ~e to g~ m~ rote ~d below ~ket ~te ho~g. He w~ ~ su~ of&e pmj~t, but w~t~ it to be hous~g neut. J~es s~d ~e ~d~ds &e ~nc~ ~ut d~i~ ~d opm sp~e, ~d ~s ~j~t goes a long way to ~ss ~& of &ese. It be~ to dele a do~to~, ~d ~e felt ~s w~ a wond~r~ d~i~. She ~so a~ia~ ~e ~t ~t ~e devel~o~a welcome ~W ~put. She a~ ~& ~g's ~e~on about &e ~ ~e of ~e ~t~. B~ mov~ to ~ofi~ s~ m ~fiate a public h~g to co~id~ ~m~ m · e gm~ pl~ ~d ~e H~ of ~e Ci~ Sp~ific Pl~ subj~ to ~e ~n~fio~ ~d findings ~n~ ~ ~e mMel ~lufion ~emlufion No. 01-~0). C~g s~nded ~d · e motion c~ 3-0, ~ Co~cil m~b~ ~w~ abs~nlng. 23. ~m~ to ~e M~cipfl C~ ~ ~ ~late to Bicycle Routes ~d L~es: a) Fimt ~g of ~ce No. 1872, "~ ~ of ~e Ci~ Co~cil of ~e Ci~ of Cup~o ~maing S~fion 11.08.260 of ~e Cup~no M~cipfl Code Rel~g m &e Desi~fion of Bicycle Routes m Delae Foo~ll Bofl~ ~m St~ ~k Bofl~ m McClell~ Ro~ ~d Boll~g~ Ro~ ~m ~ S~et to De Anna Bofl~ ~d Add Bicycle Routes on ~llg Avmue ~m C~le de B~elo~ to St~ ~k BogeyS." b) First reading of Ordinance No. 1873, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes to Add Bicycle Lanes at Various Street Segments." The City Clerk read the title of Ordinance 1872 and 1873. Bumett moved and Chang seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 540. Feb~,-~y 5, 2001 C'~upertino City Council Page 9 ORDINANCES 24. Second reading and enactment of Ordinance No. 1868, "An Ordinance of thc City Council of the City of Cupertino .Amevding Chapter 19.28, Single Family Residential Zones (R- 1) of the Cupertino Municipal Code." The City Clerk' read thc title of thc ordinance. Bumott moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Burner moved and Chang seconded to enact Ordinance 1868. The motion canied 4-0. 25. Second reading and enactment of Ordinance No. 1869, "An Ordinance of the City council of the City of Cupertino Amending Chapter 3.25 of the City's Ordinance Code to Add Section 3.25.100 to Provide for the Transfer of Surplus Supplies and Equipment to Certain Public Agencies and Charitable Corporations." The City Clerk read thc title of thc ordinance. Chang moved and Bumctt seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Chang moved and Burnett seconded to enact Ordinance 1869. The motion carried 4-0. 26. Second reading and enactment of Ordinance No. 1870, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes on De Anza Boulevard from Homestead Road to State Route 85." The City Clerk read the title of the ordinance. Burner moved and Lowenthal seconded to read the ordinance by rifle only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Bumett moved and Lowenthal seconded to enact Ordinance 1870. The motion carried 4-0. STAFF REPORTS 27. Staffreport on traffic level of service (LOS) at Cupertino signalized intersections. Public Works Director Ralph Quails reviewed the staff report and attachments which came from the Valley Transportation Authority (VTA) Congestion Manage-,~ient Program (CMP) 2000 Performance and Monitoring Report. Quails said that within Cupertino, traffic conditions have improved from 1990 to 2000, and the level of service at the Congestion Manag=ment Program (CMP) intersections has improved from a year ago. There are no CMP intersections in Cupertino at a level of February $, 2001 C~pcr6no City C~ouncll Page service "E" or "F". Quails said that compared to other Bay area cities, and even other regions of California, Cupo,~no is not experiencing serious traffic congestion. This may be contrary to popular perception, but it is certainly not as serious as the traffic in other cities or on state highways and county expressways. Quails said this also shows the urgent need to continue the city's efforts in regard to traffic improvements on the street system to allow for continued economic development, protect residential neighborhoods from cut-through traffic, and insure that the city maintains or improves the current level of service. COUNCIL REPORTS Council member Lowenthal congratulated Mayor James on the excellent State of the City address. He gave an update on The Union Pacific Trail and said that Cupertino is the lead on an inter-city task force involving the cities of Los Gates, Saratoga, Campbell, County of Santa Clara Parks and Recreation, and the Valley Transportation Authority (VTA). Lowenthal said there is a citizen task force meeting on the alignment of Stevens Creek Trail. There was a walk-though with staff last week on the San Thomas Aquino/Saratoga Creek Trail. He also talked about the Economic Developm6nt Team, and said that developer Deke Hunter was in one of those meetings about a year ago when they talked about the need for a kind of downtown in Cupertino. Council member Chang also offered his con~amlafions on the State of the City address, and talked about several festivities he had attended related to the Lunar New Year, including some events at the Chinese School, the Chamber of Commerce lunch, a performance at Flint Center, and a rave-like dance at DeAnTa College. Bumett said most of his activity in January was related to the Association of Bay Area Governments (ABAG), which is working a smart-growth scenario to predict growth into 2020. Mayor James said that the Lunar Luncheon was held at Hong Fu Restaurant to celebrate the Chinese New Year and it was a great success. She talked about thc fourth annual Chinese Performing Arts of America performance which is always outstanding, and this year's event also included a performance by a Flamenco dance group. James thanked the Cupertino Rotary and the Cupertino Chamber of Cowmerce for hosting the State of thc City luncheon. She also mentioned that she was chair of the West Valley Mayor and City Managers this year, and had changed the format so that the luncheon was held in a different location in Cupertino each month, which gives the city a chance to feature its restaurants and businesses. Some of the locations will include Apple Computer, the Cupertino Senior Center, the Outback Caf6, Blackbv,~y Farm, and Portal Software. She announced that Apple Computer is donating 9 IMacs and the technology, training, and support system for them, for the new Cupertino Senior Center. CLOSED SESSION At 8:30 p.m., Council recessed to a closed session to discuss negotiations for purchase, sale, exchange, or lease of real pwpcrty pursuant to Govv,,ment Code Section 54956.8, regarding the potential lease of Compaq property for skate park. l%br,_~__~_ry :~, 2001 ~uper~no ~;ty ~o~c;l Pa~e l l At 9:25 p.m. Co~cil ~onv~ ~ op~ session. ~e Ci~ A~mey ~o~c~ ~t no ~fion ~ be~ t~. S~ b~ ~v~ ~fion ~ ~me b~k at ~o~ clos~ s~sion. ~JO~~ At 9:25 p.m. Co~cil ~jom~ to Tu~ay, Feb 13, 6:45 p.m., ~ &e CiF Co~cil ~b~. Kimb~ly S~CiF Cl~k