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CC 01-16-01 APPROVED MINUTE§ CUPERTINO CITY COUNCIL Regular Meeting Tuesday, Sanuary 16, 2001 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 Burnett, Michael Chang, and John Statton. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Public Works Director Ralph Quails, Associate Planner Colin Jung, Planner I Vera Gil, Planner I Peter Gilli, Planner Aarti Shrivastava, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None. City Councilman John Statton announced his resignation, effective immediately, citing a long distance commute and lack of affordable housing as among the reasons for this decision. He reflected on his long relationship in the community, and how much he had enjoyed serving with Apple's community affairs staff, serving on the city's Energy Commission, campaigning to save Blackberry Farm, serving as Executive Director of the Chamber of Commerce, and serving on the city council. The councilmembers expressed their thanks for his teamwork, sense of humor, good ideas, and leadership, especially with the Community Congress. CONSENT CALENDAR Bumett noted items of interest on the Consent Calendar and thanked staff for their initiative: · Item 20 - Calabazas Creek Bridge agreement to start fixing what is the last of the serious flooding problems in the city, plus street widening to allow for safer bicycling · Item 22 - More cameras being put in to prevent red light running January 16, 200/ Cuper~no City Council Page · Item 24 - LED lights for green lights on traffic signals, saving energy and easier to maintain · Item 25 - San Tomas Aquino-Saratoga Creek Trail · Item 26 - Crossing guards Lowenthal removed item 1 fi'om the Consent Calendar. Chang moved to approve items 2-30 on the Consent Calendar, as recommended. Bumett seconded and the motion carried 4-0. 2. Accounts payable: December 1, December 8, December 15, December 22, and December 29, Resolutions 01-001, 01-002, 01-003, 01-004, and 01-005. 3. Payroll: Dec~mber 8, December 22, and Januaxy 5, Resolutions 01-008, 01-009, and 01- 010. 4. Review of application for Alcoholic Beverage Control license for Ikenohana, 20625 Alves Drive. 5. Treasurer's Budget Report, November 2000. 6. Appointing Carol Atwood aa City Treasurer and Lois Thomton as Deputy Treasurer, ~ Resolution No. 01-011. 7. Annexation: "Byme Avenue 99-09," making determinations and approving the reorganization'of territory designated "Byrne Avenue 99-09," property located on Byrne Avenue between Alcazar Avenue and Dolores Avenue, approximately 0.445 acre, Choe (APN 357-14-032), Resolution No. 01-012. 8. Recommendation from Telecommunications Commission to award a $10,000 educational grant to Homestead High School video production elaas. 9. Set public hearing date for fee increases for group picnic areas and Blackberry Farm golf course and picnic grounds. 10. Quinlan Center use fee waiver requests from: · Iranian Federated Women's Club and Payvand Cultural School for waiver of use fees for New Year celebration on March 18, 2001 · Cupertino High School Football Team for waiver of use fee for its annual banquet at the Quinlan Community Center on November 19, 2000 11. Amendment of listing of classifications and salary schedule, Resolution No. 01-028. 12. Improvement agreement, AKVW Investments, LLC, 10175 Orange Avenue, APN 357- 16-060, Resolution No. 01-013. lanuary 16, I~001 . Cupertlno City Council Page 13. Roadway easoraent, AKVV~ Investments, LLC, 10175 Orange Avenue, APN 357-16-060, Resolution No. 01-014. 14. Quitclaim deed, AKVW Investments, LLC, 10175 Orange Avenue, APN 357-16-060, Resolution bio. 01-015. 15. Approving ConWact change Order No. 1, Fuel Tank Replacement at City Hall, Project No. 2000-104 Resolution No. 01-016. 16. Approving Contract change Order No. 10, Cupertino Senior Center, Project No. 99-9210, Resolution No. 01-017. 17. Acceptance of city projects perfo~s~r, ed under contract: · City Hall Fuel Tank Replacement · De Anza Boulevard and Stevens Creek Boulevard Arterial Management · Homestead' Road Arterial Management Project, Phase 18. Acceptance of improvements: O'Brien Group, Oak Valley, Neighborhood 4, Unit 1, Tract 9076 (Water Tank). 19. Approval of appointment of Joseph Stem to Cupertino Bicycle & Pedestrian Advisory Committee. 20. Calabazas Creek Bridge: (a) Authorization to execute cooperative agreement with Santa Clara Valley Water District, Resolution No. 01-01 $. (b) Amend design contract with Winzler & Kelly to increase contract from $74,950 to $221,246, Resolution No. 01-019. 21. Authorization to execute cooperative agreement with State of California Office of Traffic Safety for Speed Reduction Program purchase of radar speed trailer and laser-speed detectors at a cost of $25,000, Resolution No. 01-020. 22. Report on deployment and demonstration of Red Light Running Photo Enforcement Systems. 23. Ordering vacation of a private access easement and emergency vehicle access easements, Lot 1 of Tract 7953, southeast comer of Stevens Creek Boulevard and De Anza Boulevard, Resolution No. 01-021. 24. Authorization for appropriation of $135,000 to procure and install lamps under PG&E LED Traffic Signal Rebate program, Resolution No. 01-022. ~Ianuary 1~, 2001 Cupertino City Council Page 25. Authorizing amendment to design contract with Zumwalt Engineering Group for San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project from $52,500 tO $158,889, Resolution No. 01-023. 26. Authorizing execution of an agreement with All City Management Services (ACMS) for crossing guards at eight (8) Cupertino school sites, Resolution No. 01-024. 27. Approving the 2000-2001 Citizens Option for Public Safety (COPS) Funding Allocation, Resolution No. 01-025. 28. Approving request from Sheriff for use of California Law Enforcement Equipment Program (CLEEP) High Technology Funds of$118,286, Resolution No. 01-026. 29. Request for authorization from part-time to full-time positions: Teen Recreation Coordinator and Assistant City Attorney. 30. Adoption of Citizen Participation Plan Schedule for Twenty-seventh Program Year (2001-2002) of the Community Development Block Grant Program (CDBG), Resolution No. 01-027. Vote Members of the City Council AYES: Bumett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None · ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Minutes: December 4, 2000 regular meeting, and December 1 $, 2000 special meeting. Lowenthal noted that there was a redunanncy in the December 4 minutes, pages 8 and 9. The City Clerk will correct the minutes. Lowenthal moved and Bumett seconded to approve agenda item 1 with the December 4 minutes corrected. The motion carried 4-0. Mayor James re-ordered the agenda to consider Item 43 next. 43. Consideration of recommendations for Monta Vista High School Pilot Student Parking Public Works Director Ralph Qualls reviewed the staff report noting that the program is working well and there has been positive support from the school district staff, students, and neighbors.' Members of the task force were recommending extending the program January It;, 2001 (~upert~no ~ty (~ounc[1 Page and inviting residents in other adjacant pv~fit parking areas to consider taking part in it, and staff supported those recommendations. Betty Powcll, Principal of Monta Vista High School, talked about thc renovations that had caused the loss of parking spaces on campus and the success of the permit parking task force formed last April to address the problem. One of the largest gains was the sense of councction and accountability between thc students and thc residents in thc area. She said they were asking for an extension of thc pilot program into thc spring semester because the school is still facing a loss of parking spaces duc to construction. This semester they will limit the eligibility to junior students who live more than half a mile from school, with preference given to students who live thc farthest away. They arc also creating carpool spots for senior students and are working with the city on a grant to encourage bicycling. The district has also conducted a parking study and thc city is conducting a traffic study in the area around thc schools. She said they are meeting with thc residents on other streets to share with them thc success of the pilot program and discuss possible expansion of designated parking duc to further decreases, of campus parking spaces, during the next phase of construction. Allison Weeks, a student at Monta Vista High School, said she was there to promote the pilot program. She said she participated in the program and saw its success every day. There is less traffic, less garbage, and a greater respect from the students toward the residents of Dolores and Hyannisport. She believed the program would be a success if expanded to surrounding streets and put into place p~manently. On behalf of many Monta Vista students, she thanked council for their support and hoped to continue the growing bond between thc students, residents, and the city. Paul Montafiez, a junior who participates in the program, thanked council for allowing them to implement thc program. The installation and expansion of thc program would benefit the students and the residents in a number of ways. He said when he was a freshman, if they left home after 7:00 a.m. traffic was heavy, and finding a parking spot was a battle. Since the parking program has been installed there arc no fights for parking spots and there is little traffic in the area. Quails said that extending the program through thc spring semester should allow time to investigate the other areas and come back with appropriate recommendations in thc Fall. Council members expressed enthusiasm for the program and its expansion, citing improved traffic as one of the unintended consccluenccs, and praising the participants. Burnctt moved to approve the extension of the Monta Vista Student Parking Pilot Program for thc spring soiiiester through June 2001, and to support the Fremont Union High School District inviting residents in adjacent permit parking areas to participate in Sanuarv 16, 001 pertlno C itv C ounell Pa e 6 the student parking program (Fort Baker, Presidio, Wilkinson, Shattuck, Santa Theresa, Byme, Orange and Noonan) with a report back to Council with appropriate recommendations prior to the end of the spring semester of 2001. Lowenthal seconded and the motion carried 4-0. PUBLIC HEARINGS 31. Renewal of bingo permits: · Oddfellows · St. Joseph's Catholic Church Mayor James opened the public hearing. There were no speakers, and the hearing was closed. Chang moved to renew the bingo permits for one year. Lowenthal seconded and the motion carried 4-0. 32. R-1 ordinance, amendment to Chapter 19.28 of the Cupertino Municipal Code to decrease building mass and improve the integration of new construction into existing neighborhoods (application 01-MCA-00). · First reading of Ordinance No. 1868, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28, Single Family Residential Zones (R-1) of the Cupertino Municipal Code." Planner I Peter Gilli outlined the proposed changes to the ordinance. He said they could include window louvers as a means of achieving privacy protection. In addition to the changes mentioned in the staff report, staff proposed a pipeline that would allow any building permit filed prior to the effective date of the ordinance to be processed under the existing ordinance. Also, they propose that the terms mass and bulk be added to the design review component. He infomted council that a building permit application can be on file for six months before it expires and a six month extension may be allowed if requested. Bumett said he supported the changes, adding that the ordinance has been successful in making new homes more compatible with existing ones, and no one has lost any living space. Chang agreed that this refined the R1 ordinance and he also supported it. Lowenthal said he was glad they were making the ordinance more precise, particularly with the requiteaient of notify neighbors within 300 feet of the proposed new house, not just those adjacent. Mark Bums, 21269 Stevens Creek, said he was chair of the Local Government Relations Committee for the Cupertino/Sunnyvale district of the Silicon Valley Association of Realtors. He expressed support for the amendments on behalf of that group. January 16, ~00! ~uper~no (~i{'y (~ouncll Page Leslie Burnell, 21466 Holly Oak Drive, thought the modifications were good. He said Section H. of the privacy protection section should be replaced with the same wording contained in the Eichler ordinance. He showed examples of homes that had used those privacy protection measures even though they were not required to do so. He thanked Council member Statton for his creative input during the R1 ordinance amendment process. Burnett commented that he supported inclusion of Mr. Bumell's changes. Council concurred to add the following two conditions: Section 19.28.050 (D) Site development regulations: An application for building p~,udts which was filed and accepted by the City (fees paid and control number issued) on or before March 2, 2001, may proceed with application processing under the ordinances in effect at that time. As requested by Steve Blanton, Silicon Valley Association of Realtors, section 19.28.060Cla was amended to read: "the mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattern .... " Lowenthal moved to grant a Negative Declaration. Chang seconded and the motion carried 4-0. The City Clerk read the title of the ordinance. Burner moved and Lowenthal seconded to read thc ordinance by title only, and that thc City Clerk's reading would constitute thc fLrst reading thereof. Motion carried 4-0. 33. Cupertino Community Services (Richard Lohmiller), applications 10-EXC-00, 14-U-00, and 18-EA-00. Vista Drive and Stevens Creek Boulevard (north of the new fire station). APN 316-24-008. · Exception to the Heart of the City Specific Plan that requires a 20 foot separation between on-site buildings · Usc permit to construct and 24-unit affordable housing apartment building and a 5,225 square foot Cupertino Community Services building on a 1.18 acre vacant lot. A negative declaration is recommended, and this item is recommended for approval. Following a video report, Planner I Vera Gil presented the staff report and handed out a memo regarding the phasing condition. She showed the elevation and site plan, and highlighted traffic issues. She said they want to minimize thc cut-through traffic on Randy Lane and had added parking spaces. Richard Lohmiller, building project developer for Cupertino Community Services, talked about the work of CCS, and added that they are working with the county and the city on this effort to develop, own and operate an affordable housing project in Cupertino and to have a permanent facility where the agency can continue to serve those in need. He described the housing component and listed those groups who might benefit. The other January l~, 300! ~'~uperfino (~iiy (~ouncll Page important component is the CCS building, which would house program, services, and administrative offices. CCS is obligated the raise the funds for this building, and the campaign committee believes they will reach their goal of $1.8 million. They hope to break ground with summer and have the building occupied by late spring of next year. He said while this is a joint effort, and introduced Jaclyn Fabre, Executive Director of CCS. He said Tom Earley, project manager from Bridge Housing, CCS housing consultant, was also present. Ms. Fabre said the new building would enable them to improve services to the community significantly. She thanked council for being part of the solution and asked for their ~ontinued support. Rick Williams, architect from the fi, m Van Meter, Williams and Pollack, said this was an important development for the city and a model that other communities can look at. He described it as infill housing that is a transition between commercial and residential uses that he thought would become prevalent throughout the south bay area. He talked about the process which included neighborhood meetings, program and design meetings. The design was well reviewed and has undergone major changes which include reducing the size of the building, adding parking and landscaping, and changing the exterior materials of the administrative building to connect with the residential. He talked about thc new conditions of approval regarding the development phasing, stressing that this is a single -- project from their standpoint. He concluded that they do not anticipatc problems meeting any of the five conditions, but they think it might bc easier for the city to administer the conditions about the completion dates of the residential units. Chang said this is a very important development in the city with quality design, and will provide much-needed affordable housing. He was plcased with the process and that some of the issues such as parking had been resolved. Burnett said people are often not aware of how often families in this country need help and this project fills a real need. Lowcnthal disclosed that he serves on the CCS board but the city attorney had info, reed him that this is not a conflict of interest. He thanked the organization for being such an important part of the city. He said this is a very important step, along with the affordable component of Oak Valley. It is a community project was started by Mary Ellen Cheil and Mayor James, and the design was done with the neighbors. The financing is coming from the community as well. James agreed that it is a collaborative cffort and one that everyone has gotten involvcd in. She has talked to other groups about how they got the government, social services agencies, and the fire district to work together on the project. She discussed the tours where residents had an opportunity to see how other affordable housing projects looked, and thanked people who have been involved in the project, including Dan Sailer of Prometheus and staff. January 16, ~001 Euperfino City Council Page -' Lowenthal moved to grant a Negative Declaration. Burnett seconded and the motion card~ 4-0. Lowenthal moved to approve 14-U-00 per Planning Commission Resolution 6070 with an added condition regarding phasing. Burner seconded and the motion carried 4-0. 'Lowcnthal moved to approve 10-EXC-00 as recommended by the Planning Commission. Chang seconded and the motion carried 4-0. PLANNING APPLICATIONS 34. Eichler Home Zoning District design guidelines, application 14-SP-00, Rl-e Zoning District. Recommended for approval. Following a video roll-in, Planner Aarti Shrivastava, reviewed the staff recommendations. She noted that the handbook states that the guidelines are completely voluntary. Piasecki they could add the ordinance as an exhibit to the handbook. Nancy Bumett, 729 Stendhal Lane, said a lot of positive things had happened at the meeting. She urged approval of the guidelines. -- James agreed that the document is outstanding. She thanked thc Burnetts for their leadership on this project. Chang moved to approve the apphcation adopting thc design guidelines as recommended by Planning Commission Res. 6071. Burnett seconded and the motion carried 4-0. Note: Councilmember Chang left the meeting. 35. Kelly Gordon Development Corporation, applications 02-TM-00 and 22-EA-00. 7825 and 7851 Orion Lane (APNs 362-18-039 and 362-18-011). Tentative map to subdivide two pan:els (3.01 acres) into 8 single family parcels with an average lot size of 7,800 square feet in an R1-6 zoning district. A negative declaration is recommended and this item is recommended for approval. City Planner Ciddy Wordell reviewed the staff report which addressed access to the project, tree protection, and the trail to be built south of Regnart Creek. Brian Kelly of Kelly Gordon Development Corporation, applicant, said this subdivision was the end result of a lot of hard work by city planning staff, and they felt they had incorporated the concerns of the neighbors. He thought the subdivision as proposed blends very well with the existing neighborhood. The existing creek erosion problems that concerned some of the neighbors are being taken will be taken care of when the project is completed. lanuary 16,/1001 Cuper~no Clty ~ounc;] Page --' Bumett said he would support the design and did not think thc T intersection would bca problem given the small volume of traffic. Lowenthal said he was glad to see the trail and thought they should try to preserve access to natural resources whenever possible. Piasecki said that as a result of council direction regarding the importance ofwalkability and trails, they did consider that on every project. Burnett moved to grant a Negative Declaration. Lowenthal seconded and the motion carried 3-0 (Chang absent). Burnett moved to approve the application as recommended by Planning Commission Res. 6068. Lowenthal seconded and the motion carried 3-0 (Chang absent). 36. Appeal of Planning Commission's denial of the Vista Garden Home Owner's Association request to remove trees (file no. 05-DIR-00). Following a video roll in, Associate Planner Colin Sung presented the staffreport. Carl Cottrell, 13480 N. Fork Lane, Los Altos Hills, owner of property at 20292 Cartwright Way, and president of the homeowners association, said they all enjoy the landscaping and no-one is eager to bear the expense of removing trees and replacing them. However, they want to stop the damage being caused by the root growth of the ash trees, which have already distorted the lawn and raised the sidewalks. Also, part of the irrigation system is being raised, and it is a very real threat to the foundation of one unit. There does not seem to be any reasonable or common sense answer to stopping this except the removal of the trees and their replacement. He requested the help of the council in solving this and asked them to uphold the appeal. The homeowners association concurs with the recomraendation that the replacements be two for one, and be a crape myrtle or a similar plant. Lowenthal moved to uphold the appeal and allow removal of three ash trees. At least six 24" box Crape Myrtles shall be planted as replacements. Bumett seconded and the motion carried 3-0. UNFINISHED BUSINESS - None NEW BUSINESS 37. Consideration of donating toward the World War II Veterans Mgmotial in Washington, D.C. City Manager Dave Knapp introduced Therese Smith, the new Parks and Recreation Director. January 16, 2001 Cupertino City Council Page 11 Smith outlincxl staff's recommendations, which included alt,,,,ativcs for donating to thc WWI veterans memorial or installing a memorial plaque or tree in the city's Memorial Park. Erve Conons, 10480 Pincvillc Avenue, said hc was again appearing before Council to request funds for WWII veterans memorial in the nation's capitol. He asked that the city contribute $5,000 toward the memorial. Burnett said he thought WWII might be the pivotal moment in United States history, and in his lifetime it was this country's finest hour. He said he would favor making the contribution as well as doing something at the scnior center. Lowenthal agreed and proposed placing a plaquc on the existing flagpole in the park which would honor veterans of all wars. James agreed that both proposals had merit. Shc said they also need to look at the senior center as a location for public art and perhaps it could be one that related to veterans. Burner moved to contribute $5,000 toward the cost of a World War II Veteran's Memorial in Washington D.C. and to dircet staffto look into thc idcas discussed tonight and come back with some ideas. Lowenthal seconded and thc motion carried 3-0. 38. First rcading 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 the title of the ordinance. Bumett moved and Lowenthai' seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 3-0. 39. First reading 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, to Add Bicycle Lanes on De Anza Boulevard from Homestead Road to State Route 85." The City Clerk read the title of the ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 3-0. 40. Selection of application deadlines and interview dates for vacancies on the Cupertino Library Commission. The City Clerk asked that Council also schedule interviews for the Audit Committee and the Fine Arts Commission. Council concurred to set the deadline for the applications on Tuesday, Jan. 30, and to schedule interviews beginning at 5:00 p.m. on Monday, Feb 5, 2001. January 16, 9_001 Ouper6no (2ity C~ounell Page ORDINANCES 41. Second reading and enactment of Ordinance No 1866, "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code by Pre- Zoning a 0.26 Acre Parcel Located at 21103 Lavina Court to Pre-R1-10 (Single Family Residential with a Minimum Lot Size of 10,000 Square Feet) (Application No. 06-Z- 00)." The City Clerk read the title of the ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitutc thc second reading thereof. Motion carried 3-0. Burner moved and Lowenthal seconded to enact Ordinance No. 1856. The motion carried 3-0. 42. Amendment to contract with Public Employees' Retirement System (PERS) regarding survivor benefits. Second reading and enactment of Ordinance No. 1867: "An Ordinance of the City Council of the City of Cupertino Authorizing an Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System." The City Clerk read the title of the ordinance. Bumett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carded 3-0. Burner moved and Lowenthal seconded to enact Ordinance No. 1867. The motion carried 3-0. 43. This item was discussed after the consent calendar. January 16, 2001 Cuper6no City Council Page STAFF REPORTS 44. Review and acceptance of the 1999/2000 Comprehensive Annual Financial Report Administrative Services Director reported that the city had received a clean bill of health from their new auditors, Maze and Associates. She said as of June 30, 2000, the excess of revenues over cxpenditurcs and other financing sources was $1.7 million. In May, 1999, it had been projected to be -$1.6 million because of funds committed to capital projects. She said this was primarily because of increased sales tax, licenses and permits, and use of money and property. The higher sales tax revenues were primarily fi.om Apple Computer. Burnett moved to approve the 1999/2000 Comprehensive Annual Financial Report. Lowenthal seconded and the motion carried 3-0. COUNCIL REPORTS - None. CLOSED SESSION - None ADJOURNMENT At 9:15 p.m. the meeting was adjourned to Friday, Jan. 19, 2001, 9:00 a.m., for annual goal- setting study session. The meeting will be held at Blackberry Faan Retreat Center, 21975 San Femando Avenue. Kimberly SA~, City Clerk