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CC 10-06-03cUPEKTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday October 6, 2003 PLEDGE OFALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLLCALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Works Director Ralph Qualls, City Planner Cynthia Wordell, Senior Planner Aarti Shrivastava, Assistant Planner Gary Chao; Associate Planner Peter Gilli; Senior Planner Colin Jung, Recreation Supervisor Mike O'Dowd, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Proclamation declaring November 2-8 as Youth Appreciation Week in Cupertino, to be presented to the Cupertino and De Anza Optimist clubs. This item was continued to October 20 at the request of the recipients. POSTPONEMENTS Item Nos. 13, 18, and 21 were postponed to October 20. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Ave., discussed a newspaper article and a letter from United States Representative Mike Honda objecting to the Domestic Security Enhancement Act of 2003 and how it impacts civil liberties within the United States even more than the Patriot Act. Mayor Chang noted that material regarding the positions that other cities had taken had been distributed to City Council once before. Councilmember James noted that historically the City Council did October 6, 2003 Cupertino City Council Page 2 not take a position on national politics. Mayor Chang asked staff to distribute the materials to the City Council again and if any of the Council members wish to pursue the matter, they will let the City Manager know to place it on the agenda. Council member Sandoval said that since she was a member of the Legislative Action Committee, she would work on the issue with the City Manager. Dennis Houlsby, 10255 Mira Vista, submitted a petition appealing a sidewalk requirement in his Monta Vista neighborhood. He said the requirement would remove a large tree and create a safety hazard. Public Works Director Ralph Qualls said item 25 on this evening's agenda would address the requirements. Lihuei Wei, 10823 Willowbrook Way, thanked the City Council on behalf of 58 families with special needs and 157 families of volunteers for a grant for Santa Clara County to provide childcare. Larry Loo, 10442 Scenic Circle, said he was not in favor of Stevens Creek Trail following Scenic Circle or any of the property on that street. Max Bokelman showed some photos of the Scenic Circle area along with some alternative alignments for the Stevens Creek Trail. He said the alignment should not go along the west bank of the creek because it would have to go on the street, and would not be a rewarding view for trail users; it would once again expose the residents to the consequences of night-time drug and alcohol parties at the picnic tables at Blackberry Farm by reopening access to them from Scenic Circle; the neighborhood would become a trail staging and parking lot, and would degrade the quality of life as well as creating a safety hazard. He noted that both the Parks and Recreation Commission and the Stevens Creek Task Force recommended the east bank of the creek for the alignment. Bill Hawkes, Scenic Court resident, said he did not think the City Council should take a position on the Patriot Act or the Domestic Security Enhancement Act. He also spoke about the Stevens Creek Trail alignment and said the neighbors did not speak at the last City Council meeting because they felt they had convinced the Parks and Recreation Commission that the east side alignment was correct. He said that none of the commissioners were present to support that viewpoint, and by then it was too late for the neighbors to speak. He suggested some improvements in the community process, including an opporttmity for feedback from the residents. Don Bautista asked the City Council to remove the west side alignment from the discussion. He said it was unreasonable to put the residents in this position over such a long period of time. He submitted a petition signed by the residents asking that the Stevens Creek trail alignment or access not be placed on the residential side of Scenic Circle. He said the petition also asked that the trail not be visible from the homes, that there be no access or bridges to the residential area, that it not be turned into a parking lot for the trail, and that no trees or shrubbery be removed. He said their concerns about the west side alignment included crime, public safety, traffic, decline in property values, and loss of privacy. October 6, 2003 Cupertino City Council Page 3 Bob Murphy said he was opposed to the trail alignment on Scenic Circle. His house is 60 feet from the creek, and it would be very distressing to have the trail there. He asked for a quick decision, because that too is affecting property values. Steve Moody, Scenic Circle resident, agreed with the previous speakers who were opposed to the trail alignment on the west side. He said the neighborhood is about beauty, privacy, and peacefulness, and a trail across the street fi.om his house would destroy much of that. He said there are many other neighbors from other streets who are currently walk through the area, but that is very different than opening it up as a multi-use trail. Ken Jo said he was opposed to a west side alignment of the trail. He asked for information about zoning around the alignment, such as restrictions easements or setbacks. He also asked if the engineering, geology, and other reports are available to the public, and mentioned earlier problems with erosion near the creek. Parks and Recreation Director Therese Smith said that the information is available on the city's Web site under Stevens Creek Trail Feasibility Study, which was done over a two-year process. Lyman Black, 10338 Scenic Blvd., said the main issue seems to be one of trust and communication. He mentioned a petition with over 170 signatures that asked the trail route not go through the Blackberry Farm area. He said that one of Council's stated objectives was community and public involvement, but that involvement is being disregarded. He said that at the last Council meeting, there was suddenly a west side trail alignment along with a square dance pavilion, and possibly a pole barn. He said that the concerns expressed regarding this alignment apply to Scenic Boulevard, the Linda Vista area, and the Phar Lap/Oakdale area, and asked said that the west bank alignment should be taken offthe table. Mr. Yuen, 10463 Scenic Court, expressed his objection to a trail of any kind near the Scenic neighborhood. He said if one must be built, it should be aligned on east side with no access to the Scenic neighborhood. He said it should not be visible from the homes, there should be no trail parking allowed, and no trees or vegetation trimmed. He said that in addition to an environmental analysis, there should be study done on the impacts to residents, or the Council should listen to them and put the trail on the east side. Mark Bums, member of the General Plan Task Force, said he was opposed to the Stevens Creek Trail for the same reasons as the residents, and that there is a similar problem with the General Plan as well. He said that it is the government taking of land and of people's right to privacy. He said there is a trend toward crisscrossing the city with paths and bikeways, and it is okay to influence new development in that way but inappropriate to impose it on neighborhoods with long-time residents Robert Levy, 10802 Wilkinson Ave., expressed sympathy for the residents of Scenic Circle. He said that people using the trail will expect a nature walk, and to view the heritage orchard and wildlife. He said that if it had been a walking trail or an opening in the fence, none of the problems would have arisen. Rhoda Fry, 10351 San Femando Ave., said she was also concerned about trash being a problem from the trail. She noted that the Blackberry Farm dumpster had not yet been covered, although October 6, 2003 Cupertino City Council Page 4 the trash is now picked up every night, and raccoons are now moving into the neighborhoods in search of food. She also discussed the good intentions when DACA was allowed to use the Blackberry Farm pool, but there was no enforcement and she was unable to use her master bedroom during the time that DACA was using the facilities. Mayor Chang said the concerns of Scenic Circle residents had been noted. He said that some speakers had mentioned "commitments" made by various commissions, but those advisory bodies can only make recommendations to City Council, which they have done on behalf of the residents, and those reconunendations will be heavily considered by City Council. Parks and Recreation Director Therese Smith said the next step would be for Council to consider whether to collect an entry fee, which would be presented later this evening. After that, the environmental review process will begin, and she would recommend a review of an east bank alignment, a hiking trail only, and no trail. She said that additional public comment would be solicited after that scientific review is done, which will include parking issues, neighborhood issues, noise, and security. CONSENTCALENDAR Sandoval/Kwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 12, which was pulled for discussion, and No. 13, which was continued to October 20. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 2. Approve the minutes from the September 15 City Council meeting. Adopt resolutions accepting Accounts Payable for September 12, 19, and 26, Resolution Nos. 03-178 to 03-180. 4. Adopt a resolution accepting Payroll for September 26, Resolution No. 03-181. 5. Accept the Treasurer's Budget Report - August 2003. 6. Approve applications for an Alcoholic Beverage License: California Thai Kitchen, 10525 S. De Anza Blvd., Suite 100 (formerly Gourmet Wrap and Una Mas Restaurant) B. Oakville Market Place, 20558 Stevens Creek Blvd. (formerly McWhorter's) Adopt a resolution approving the Community Development Block Grant Program Separation Agreement between the County of Santa Clara and the City of Cupertino, Resolution No. 03-182. Adopt a resolution approving the destruction of records from the Finance Department, which are in excess of two years old, Resolution No. 03-183. October 6, 2003 Cupertino City Council Page 5 Adopt a resolution approving the lease agreement with Stevens Creek Quarry for use of their site for compost distribution, Resolution No. 03-184. 10. Adopt a resolution accepting the Watershed Action Plan as prepared by the Santa Clara Basin Watershed Management Initiative, and authorizing the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document, to confirm the City's continued commitment to participation in the Watershed Management Initiative activities, Resolution No. 03-185. 11. Accept municipal improvements (grading, curb and gutter) for Reza Morouzi and Firouzeh Hoveidarad, 22771 Stevens Creek Boulevard, APN 342-12-036. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 12. Adopt a resolution endorsing the Valley Transportation Authority Community Design and Transportation (CDT) Program, Resolution No. 03-186. Robert Levy, 10802 Wilkinson Ave., said that the Valley Transportation Authority provides good service on the main traffic routes with high density, but it is provided at the expense of other parts of the city that are underserved or eliminated from the route. Sandoval/James moved and seconded to adopt Resolution No. 03-186 endorsing the Community Design and Transportation Program. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 13. Consider a budget adjustment in the amount of $75,000 to repair the fountain at the Quinlan Community Center. This item was continued to October 20 at the request of staff. PUBLIC HEARINGS Council concurred to hear items 14 and 15 together: 14. Approve Application No. U-2003-07, Steven Ma (ThinkTank Learning), 10650 Bubb Road, APN 362-01-022, for a use permit to operate a learning center in an existing building. 15. Approve Application No(s). Z-2003-05, EA-2003-13, Tom and Liz Jackson, 10650 Bubb Road, APN 362-01-022 to rezone a commemial/office building to allow vocational and specialized schools, subject to securing of a use permit. Conduct the first reading of Ordinance No. 1924: "An Ordinance of the City Council of the City of Cupertino Rezoning One Parcel Totaling .31 Gross Acres Parcel From P(Planned Development/With Limited Commercial/Office Use Activity) Zone to October 6, 2003 Cupertino City Council Page 6 P(Planned Development/With Limited Commercial/Office Use/Vocational and Specialized School Activity) at 10650 Bubb Road." Assistant Planner Gary Chao reviewed the staff report. He said the applicant wishes to operate a learning center in an existing office building, which had been used by a different agency as a learning and educational center for the pass eleven years without the benefit of a permit. Chao said the current zoning does not permit a school use, but the proposed educational center is consistent with the Commercial and Residential General Plan designation for the site. He said the site was recently a 7-11 market, and this proposed use will have less traffic. He said there would be a maximum of 46 students and 6 employees on site any one time, and classes are 4 p.m.-8:30 p.m. on weekdays and 10 a.m. - 9 p.m. on weekends. Virginia Logan, 21453 Shannon Ct., objected to this application. She said she lives off Bubb Road and school traffic is so heavy she cannot get on or off Shannon Court. She said the "keep clear" sign has no impact on drivers who are dropping offchildren. Bin Xu, 933 Bubb Rd., objected to this application and said that Bubb is already too crowded with 3 schools in the area, and this will create more impacts. Robert Levy, 10802 Wilkinson Ave., said he was a member of TSAC, the Tri-Schools Action Committee, and he was opposed to the application. He said although this appeared to be a good use with not many students, it is a small problem being added to a very large problem. Lowenthal/James moved and seconded to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Lowenthal/James moved and seconded to approve the applications as recommended by Planning Commission Resolution No. 6204, with an addition to the use permit to require the applicant to provide bicycle racks onsite. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PLANNING APPLICATIONS 16. Review the Planning Commission Minute Order related to the R1 Ordinance. (Continued from 9/15/03). Associate Planner Peter Gilli reviewed the staff report regarding the R1 Ordinance for residential development. October 6, 2003 Cupertino City Council Page 7 Mark Bums, 21269 Stevens Creek Blvd., asked to have clarification of the confusing language regarding floor area ratio (FAR) measurements, and Council members explained that the Planning Commission may choose to study that section. Sandoval/Kwok moved and seconded that the Planning Commission should limit its discussions to the items on exhibit A and defer any public hearing until afmr it has finished its study. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Following are the recommendations for changes or study from exhibit A that are open to review: Regulations affecting the review process for new development - changes recommended by staff and/or the Planning Commission a. RHS & R1 review for development on 30% slopes b. Two-story over 35% triggers design review c. Design Guidelines applied to all two-story homes d. Exceptions to R1 regulations e. Residential Design Approval process f. Procedures for review (includes story poles) g. Design Guidelines (not part of the ordinance, but part of the development review process) Non-Process regulations a. Second Story Area = 35% of first story b. Side Setback = 10 feet c. Surcharge = 15 feet applied in combination to front and side d. Planting to block two-story views e. Planting not necessary in certain cases Minor technical changes suggested by staff a. Lot Coverage of 45% b. Prescribed second story wall offsets c. Gable end with attic can encroach into building envelope d. Height exceeding 20 feet must meet second-story setbacks e. Blank single-story walls facing street 17. Adopt a resolution and Negative Declaration, and approve Application Nos. CP-2000-09 and EA-2003-08, City of Cupertino, Citywide, regarding the Wireless Facilities Master Plan, Resolution No. 03-187. Senior Planner Colin Jung reviewed the staff report for the master plan for the location, siting, design and entitlement of personal wireless service facilities throughout the City. Public Information Officer Rick Kitson said that the Telecommunications Commission, has been working hard to educate service providers and the community about high- speed intemet access, and they can also educate cell phone users about how to get in touch with October 6, 2003 Cupertino City Council Page 8 their providers about increasing and improving service. Council concurred that this would be a useful step. Kwok/James moved and seconded to grant a Mitigated Negative Declaration for the master plan. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Kwok/James moved and seconded to adopt Resolution No. 03-187 adopting the Wireless Facilities Master Plan in accordance with the recommendations by staff. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. UNFINISHED BUSINESS 18. Tropical Marine Aquarium in the lobby of the new Cupertino Library (Continued from September 15; request to continue to October 20 at the request of staff). Council concurred to continue this item to October 20, 2003. 19. Adopt a resolution establishing a Cupertino Senior Citizens Commission, Resolution No. 03-188. Parks and Recreation Director Therese Smith reviewed the staff report. Kwok/James moved and seconded to adopt Resolution No. 03-188 establishing a Cupertino Senior Citizens Commission; with an amendment to the fifth bullet to indicate that at least one commissioner shall be a member of the Cupertino Senior Center Volunteer Advisory Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 20. Stevens Creek Corridor Master Plan - Review the fiscal impacts of closing Blackberry Farm Picnic Grounds. Parks and Recreation Director Therese Smith presented a PowerPoint presentation reviewing the impacts of reducing the picnic grounds to a maximum of 200 with fixed picnic tables, and with the ability to expand capacity to 500 to accommodate large events with folding tables and chairs. Robert Levy, 10802 Wilkinson Ave., said that he thought it would be a gradual reduction of facilities over time so that the profit wouldn't be cut too much at one time. Rhoda Fry, 10351 San Femando Ave., said that she didn't see worker's compensation, liability, insurance, etc. in the cost estimate. She wondered how the school camps would fit in since there are usually 1000 visitors per day. She said she liked the entry fee, but many swimmers per day would be needed to make the pool cost worthwhile. She thanked Council for listening to the neighborhood concerns. October 6, 2003 Cupertino City Council Page 9 Council members concurred that staff should proceed with a design that gives priority to creek restoration and which retains picnicking, in a more park-like fashion instead of a for-profit business. NEW BUSINESS 21. School District presentation regarding attendance boundaries and projected number of students from new developments. (Request continuance). Council concurred to continue this item to October 20 when all parties were available. 22. Review and approve Application Nos. CP-2003-02 and EA-2003-15, City Center Pedestrian Plan, including properties between Stevens Creek Blvd., Torre Ave., Town Center Lane, and De Anza Blvd. in the Heart of the City Specific Plan area including the Civic Center and Civic Park properties. (Continued from 9/15/03). Senior Planner Aarti Shrivastava reviewed the staff report about a unifying plan to connect the three major developments of the City Center, the Civic Park and the Civic Center, to include entry features, historic markers, banners, etc. Robert Levy, 10802 Wilkinson Ave. suggested that Council should not "count the view until it was hatched" because there are currently a number of trees along Town Center Lane, more may be added, and there will be speed bumps too. Council members asked staff to add signage (including signs indicating direction of Cupertino's Sister Cities), benches, fountains and entry features, to the proposed components of the plan, providing plan features within interior paths in the City Center area and along Town Center Lane/Civic Park Drive, and to install bike racks at convenient locations to encourage biking to these locations. Sandoval/James moved and seconded to approve the applications for the City Center Pedestrian Plan. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to hear item No. 25 next. 25. Rural neighborhood and street standards: Conduct the first reading of Ordinance No. 1925: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.040, Relating to Street Improvement Requirements, and Chapter 18.32, Section 18.32.030, Relating to Subdivision Frontage Improvements to Include Findings for Adoption of a Rural or Semi-Rural Street Designation." Public Works Director Ralph Qualls reviewed the staff report and said that there are pockets of neighborhoods that, as they are developed, are required to install sidewalks, curbs and gutter, street lights and other improvements. Some residents have requested an October 6, 2003 Cupertino City Council Page 10 exception to those requirements in order to retain the character of their neighborhood. He said that a petition has already been received from Mann Drive and Corte Madeira, as well as from Dennis Houlsby who submitted a petition this evening regarding the Monta Vista neighborhood. Terry Griffin, 10727 Randy Lane, said he lived in one of semi-rural neighborhoods for which a petition has been submitted. He thanked the City Council for not enforcing a homogenized look throughout the neighborhoods. Donna Lowell, 10311 Mann Dr., referred to petition she submitted for Mann Drive and Corte Madeira and said although they already had curbs and gutters, the neighbors did not want sidewalks because of the amount of trees and vegetation that would be lost. Rhoda Fry, 10351 San Femando Ave., said that in the area between Stevens Creek Boulevard, McClellan Road, and Byme and Orange Avenues, the improvements are very inconsistent, which is both ugly and unsafe, such as when a sidewalk suddenly ends. She also asked about the new light poles that are not functional. Public Works Director Ralph Qualls said that it is the responsibility of PG&E to provide the power and there is a substantial lag time in their response. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 23. Notice of commissions with terms expiring January 15, 2004, and selection of dates for applications (December 30, 2003) and interviews (January 12 and 13, 2004). The City Clerk announced that she had received a resignation letter, effective October 28, from Planning Commissioner Charles Corr because he is moving out of the city. She said that the unscheduled vacancy will be posted and can be filled in January along with the scheduled vacancies and the new positions on the Cupertino Senior Commission. She said that the commissions with vacancies are: CDBG Steering Committee; Cupertino Audit Committee; Cupertino Housing Commission; Fine Arts Commission; Parks and Recreation Commission; Planning Commission; Public Safety Commission; Telecommunications Commission; and Senior Commission. Council concurred to accept applications until 5:00 p.m. on December 30, 2003; to conduct interviews January 12 and 13 at 6:00 p.m.; and to conduct a separate interview for each commission if an applicant applies for two commissions. Staff was asked to include the notice of the Senior Commission vacancies in the Senior Center newsletter in multiple languages. 24. Schedule dates to declare election results, select new Mayor and Vice-Mayor, and hold a reception for new and outgoing officials. October 6, 2003 Cupertino City Council Page 11 The City Clerk reviewed the staff report and explained that new legislation requires that the City Council hold a meeting to declare election results and seat new members, and that the Mayor and Vice Mayor must be selected at the next regular meeting after the declaration of results. Council concurred to hold a regular adjourned meeting on December 1~ to swear in the new Council, to select the new Mayor and Vice-Mayor at the regular meeting of December 1st, and to hold a reception after the regular meeting. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the "Best in the West" SWAT competition and participation by the Sheriff's Emergency Response Team; the annual Cupertino Educational Endowment Foundation (CEEF) Gala; a presentation by the Borland Company to the Economic Development Committee; the activities of the County Emergency Preparedness Commission; the opening of the Shaolin Kung Fu school in Cupertino, and the upcoming March ballot measure for the Library Joint Powers Authority. CLOSED SESSION 26. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. The City Attorney announced that no closed session was necessary at this time. ADJOURNMENT At 10:45 p.m. Council adjoumed to a study session on October 17 at 1:00 p.m. at Blackberry Farm Retreat Center, 21975 San Femando Ave., for a Council team-building workshop. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be pumhased from the Cupertino City Channel, 777-2364. CITY OF CUPER TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday October 6, 2003 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and lcd the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Works Director Ralph Qualls, City Planner Cynthia Wordell, Senior Planner Aarti Shdvastava, Assistant Planner Gary Chao; Associate Planner Peter Gilli; Senior Planner Colin Jung, Recreation Supervisor Mike O'Dowd, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Proclamation declaring November 2-8 as Youth Appreciation Week in Cupertino, to be presented to the Cupertino and De Anza Optimist clubs. This item was continued to October 20 at the request of the recipients. POSTPONEMENTS Item Nos. 13, 18, and 21 were postponed to October 20. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Ave., discussed a newspaper article and a letter from United States Representative Mike Honda objecting to the Domestic Security Enhancement Act of 2003 and how it impacts civil liberties within the United States even more than the Patriot Act. Mayor Chang noted that material regarding the positions that other cities had taken had been distributed to City Council once before. Councilmember James noted that historically the City Council did October 6, 2003 Cupertino City Council Page 2 not take a position on national politics. Mayor Chang asked staff to distribute the materials to the City Council again and if any of the Council members wish to pursue the matter, they will let the City Manager know to place it on the agenda. Council member Sandoval said that since she was a member of the Legislative Action Committee, she would work on the issue with the City Manager. Dennis Houlsby, 10255 Mira Vista, submitted a petition appealing a sidewalk requirement in his Monta Vista neighborhood. He said the requirement would remove a large tree and create a safety hazard. Public Works Director Ralph Quails said item 25 on this evening's agenda would address the requirements. Lihuei Wei, 10823 Willowbrook Way, thanked the City Council on behalf of 58 families with special needs and 157 families of volunteers for a grant for Santa Clara County to provide childcare. Larry Loo, 10442 Scenic Circle, said he was not in favor of Stevens Creek Trail following Scenic Circle or any of the property on that street. Max Bokelman, 10432 Scenic Circle, showed some photos of the Scenic Circle area along with some alternative alignments for the Stevens Creek Trail. He said the alignment should not go along the west bank of the creek because it would have to go on the street, and would not be a rewarding view for trail users; it would expose the residents to night-time alcohol and drug parties; the neighborhood would become a trail staging and parking lot, and would degrade the quality of life as well as creating a safety hazard. He noted that both the Parks and Recreation Commission and the Stevens Creek Task Force recommended the east bank of the creek for the alignment. Bill Hawkes, Scenic Court resident, said he did not think the City Council should take a position on the Patriot Act or the Domestic Security Enhancement Act. He also spoke about the Stevens Creek Trail alignment and said the neighbors did not speak at the last City Council meeting because they felt they had convinced the Parks and Recreation Commission that the east side alignment was correct. He said that none of the commissioners were present to support that viewpoint, and by then it was too late for the neighbors to speak. He suggested some improvements in the community process, including an opportunity for feedback from the residents. Don Bautista asked the City Council to remove the west side alignment from the discussion. He said it was unreasonable to put the residents in this position over such a long period of time. He submitted a petition signed by the residents asking that the Stevens Creek trail alignment or access not be placed on the residential side of Scenic Circle. He said the petition also asked that the trail not be visible from the homes, that there be no access or bridges to the residential area, that it not be turned into a parking lot for the trail, and that no trees or shrubbery be removed. He said their concerns about the west side alignment included crime, public safety, traffic, decline in property values, and loss of privacy. October 6, 2003 Cupertino City Council Page 3 Bob Murphy said he was opposed to the trail alignment on Scenic Circle. His house is 60 feet from the creek, and it would be very distressing to have the trail there. He asked for a quick decision, because that too is affecting property values. Steve Moody, Scenic Circle resident, agreed with the previous speakers who were opposed to the trail alignment on the west side. He said the neighborhood is about beauty, privacy, and peacefulness, and a trail across the street from his house would destroy much of that. He said there are many other neighbors from other streets who are currently walk through the area, but that is very different than opening it up as a multi-use trail. Ken Jo said he was opposed to a west side alignment of the trail. He asked for information about zoning around the alignment, such as restrictions easements or setbacks. He also asked if the engineering, geology, and other reports are available to the public, and mentioned earlier problems with erosion near the creek. Parks and Recreation Director Therese Smith said that the information is available on the city's Web site under Stevens Creek Trail Feasibility Study, which was done over a two-year process. Lyman Black, 10338 Scenic Blvd., said the main issue seems to be one of trust and communication. He mentioned a petition with over 170 signatures that asked the trail route not go through the Blackberry Farm area. He said that one of Council's stated objectives was community and public involvement, but that involvement is being disregarded. He said that at the last Council meeting, there was suddenly a west side trail alignment along with a square dance pavilion, and possibly a pole barn. He said that the concerns expressed regarding this alignment apply to Scenic Boulevard, the Linda Vista area, and the Phar Lap/Oakdale area, and asked said that the west bank alignment should be taken offthe table. Mr. Yuen, 10463 Scenic Court, expressed his objection to a trail of any kind near the Scenic neighborhood. He said if one must be built, it should be aligned on east side with no access to the Scenic neighborhood. He said it should not be visible from the homes, there should be no trail parking allowed, and no trees or vegetation trimmed. He said that in addition to an environmental analysis, there should be study done on the impacts to residents, or the Council should listen to them and put the trail on the east side. Mark Bums, member of the General Plan Task Force, said he was opposed to the Stevens Creek Trail for the same reasons as the residents, and that there is a similar problem with the General Plan as well. He said that it is the government taking of land and of people's right to privacy. He said there is a trend toward crisscrossing the city with paths and bikeways, and it is okay to influence new development in that way but inappropriate to impose it on neighborhoods with long-time residents Robert Levy, 10802 Wilkinson Ave., expressed sympathy for the residents of Scenic Circle. He said that people using the trail will expect a nature walk, and to view the heritage orchard and wildlife. He said that if it had been a walking trail or an opening in the fence, none of the problems would have arisen. Rhoda Fry, 10351 San Femando Ave., said she was also concerned about trash being a problem from the trail. She noted that the Blackberry Farm dumpster had not yet been covered, although October 6, 2003 Cupertino City Council Page 4 the trash is now picked up every night, and raccoons are now moving into the neighborhoods in search of food. She also discussed the good intentions when DACA was allowed to use the Blackberry Farm pool, but there was no enforcement and she was unable to use her master bedroom during the time that DACA was using the facilities. Mayor Chang said the concerns of Scenic Circle residents had been noted. He said that some speakers had mentioned "commitments" made by various commissions, but those advisory bodies can only make recommendations to City Council, which they have done on behalf of the residents, and those recommendations will be heavily considered by City Council. Parks and Recreation Director Therese Smith said the next step would be for Council to consider whether to collect an entry fee, which would be presented later this evening. After that, the environmental review process will begin, and she would recommend a review of an east bank alignment, a hiking trail only, and no trail. She said that additional public comment would be solicited after that scientific review is done, which will include parking issues, neighborhood issues, noise, and security. CONSENT CALENDAR Sandoval/Kwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 12, which was pulled for discussion, and No. 13, which was continued to October 20. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Approve the minutes from the September 15 City Council meeting. Adopt resolutions accepting Accounts Payable for September 12, 19, and 26, Resolution Nos. 03-178 to 03-180. Adopt a resolution accepting Payroll for September 26, Resolution No. 03-181. Accept the Treasurer's Budget Report - August 2003. Approve applications for an Alcoholic Beverage License: California Thai Kitchen, 10525 S. De Anza Blvd., Suite 100 (formerly Gourmet Wrap and Una Mas Restaurant) B. Oakville Market Place, 20558 Stevens Creek Blvd. (formerly McWhorter's) Adopt a resolution approving the Community Development Block Grant Program Separation Agreement between the County of Santa Clara and the City of Cupertino, Resolution No. 03-182. Adopt a resolution approving the destruction of records from the Finance Department, which are in excess of two years old, Resolution No. 03-183. October 6, 2003 Cupertino City Council Page 5 Adopt a resolution approving the lease agreement with Stevens Creek Quarry for use of their site for compost distribution, Resolution No. 03-184. 10. Adopt a resolution accepting the Watershed Action Plan as prepared by the Santa Clara Basin Watershed Management Initiative, and authorizing the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document, to confirm the City's continued commitment to participation in the Watershed Management Initiative activities, Resolution No. 03-185. 11. Accept municipal improvements (grading, curb and gutter) for Reza Morouzi and Firouzeh Hoveidarad, 22771 Stevens Creek Boulevard, APN 342-12-036. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 12. Adopt a resolution endorsing the Valley Transportation Authority Community Design and Transportation (CDT) Program, Resolution No. 03-186. Robert Levy, 10802 Wilkinson Ave., said that the Valley Transportation Authority provides good service on the main traffic routes with high density, but it is provided at the expense of other parts of the city that are underserved or eliminated from the route. Sandoval/James moved and seconded to adopt Resolution No. 03-186 endorsing the Community Design and Transportation Program. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 13. Consider a budget adjustment in the amount of $75,000 to repair the fountain at the Quinlan Community Center. This item was continued to October 20 at the request of staff. PUBLIC HEARINGS Council concurred to hear items 14 and 15 together: 14. Approve Application No. U-2003-07, Steven Ma (ThinkTank Learning), 10650 Bubb Road, APN 362-01-022, for a use permit to operate a learning center in an existing building. 15. Approve Application No(s). Z-2003-05, EA-2003-13, Tom and Liz Jackson, 10650 Bubb Road, APN 362-01-022 to rezone a commercial/office building to allow vocational and specialized schools, subject to securing of a use permit. Conduct the first reading of Ordinance No. 1924: "An Ordinance of the City Council of the City of Cupertino Rezoning One Parcel Totaling .31 Gross Acres Parcel From P(Planned Development/With Limited Commercial/Office Use Activity) Zone to October 6, 2003 Cupertino City Council Page 6 P(Planned Development/With Limited Commercial/Office Use/Vocational and Specialized School Activity) at 10650 Bubb Road." Assistant Planner Gary Chao reviewed the staff report. He said the applicant wishes to operate a learning center in an existing office building, which had been used by a different agency as a learning and educational center for the pass eleven years without the benefit of a permit. Chao said the current zoning does not permit a school use, but the proposed educational center is consistent with the Commercial and Residential General Plan designation for the site. He said the site was recently a 7-11 market, and this proposed use will have less traffic. He said there would be a maximum of 46 students and 6 employees on site any one time, and classes are 4 p.m.-8:30 p.m. on weekdays and 10 a.m. - 9 p.m. on weekends. Virginia Logan, 21453 Shannon Ct., objected to this application. She said she lives off Bubb Road and school traffic is so heavy she cannot get on or off Shannon Court. She said the "keep clear" sign has no impact on drivers who are dropping off children. Bin Xu, 933 Bubb Rd., objected to this application and said that Bubb is already too crowded with 3 schools in the area, and this will create more impacts. Robert Levy, 10802 Wilkinson Ave., said he was a member of TSAC, the Tri-Schools Action Committee, and he was opposed to the application. He said although this appeared to be a good use with not many students, it is a small problem being added to a very large problem. Lowenthal/James moved and seconded to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Lowenthal/James moved and seconded to approve the applications as recommended by Planning Commission Resolution No. 6204, with an addition to the use permit to require the applicant to provide bicycle racks onsite. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PLANNING APPLICATIONS 16. Review the Planning Commission Minute Order related to the Ri Ordinance. (Continued from 9/15/03). Associate Planner Peter Gilli reviewed the staff report regarding the R1 Ordinance for residential development. October 6, 2003 Cupertino City Council Page 7 Mark Bums, 21269 Stevens Creek Blvd., asked to have clarification of the confusing language regarding floor area ratio (FAR) measurements, and Council members explained that the Planning Commission may choose to study that section. Sandoval/Kwok moved and seconded that the Planning Commission should limit its discussions to the items on exhibit A and defer any public hearing until after it has finished its study. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Following are the recommendations for changes or study from exhibit A that are open to review: Regulations affecting the review process for new development - changes recommended by staff and/or the Planning Commission a. RHS & R1 review for development on 30% slopes b. Two-story over 35% triggers design review c. Design Guidelines applied to all two-story homes d. Exceptions to R1 regulations e. Residential Design Approval process f. Procedures for review (includes story poles) g. Design Guidelines (not part of the ordinance, but part of the development review process) Non-Process regulations a. Second Story Area = 35% of first story b. Side Setback = 10 feet c. Surcharge = 15 feet applied in combination to front and side d. Planting to block two-story views e. Planting not necessary in certain cases Minor technical changes suggested by staff a. Lot Coverage of 45% b. Prescribed second story wall offsets c. Gable end with attic can encroach into building envelope d. Height exceeding 20 feet must meet second-story setbacks e. Blank single-story walls facing street 17. Adopt a resolution and Negative Declaration, and approve Application Nos. CP-2000-09 and EA-2003-08, City of Cupertino, Citywide, regarding the Wireless Facilities Master Plan, Resolution No. 03-187. Senior Planner Colin Jung reviewed the staff report for the master plan for the location, siting, design and entitlement of personal wireless service facilities throughout the City. Public Information Officer Rick Kitson said that the Telecommunications Commission, has been working hard to educate service providers and the community about high- speed intemet access, and they can also educate cell phone users about how to get in touch with October 6, 2003 Cupertino City Council Page 8 their providers about increasing and improving service. Council concurred that this would be a useful step. KwokdJames moved and seconded to grant a Mitigated Negative Declaration for the master plan. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. KwokdJames moved and seconded to adopt Resolution No. 03-187 adopting the Wireless Facilities Master Plan in accordance with the recommendations by staff. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. UNFINISHED BUSINESS 18. Tropical Marine Aquarium in the lobby of the new Cupertino Library (Continued from September 15; request to continue to October 20 at the request of staff). Council concurred to continue this item to October 20, 2003. 19. Adopt a resolution establishing a Cupertino Senior Citizens Commission, Resolution No. 03-188. Parks and Recreation Director Therese Smith reviewed the staff report. Kwok/James moved and seconded to adopt Resolution No. 03-188 establishing a Cupertino Senior Citizens Commission; with an amendment to the fifth bullet to indicate that at least one commissioner shall be a member of the Cupertino Senior Center Volunteer Advisory Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 20. Stevens Creek Corridor Master Plan - Review the fiscal impacts of closing Blackberry Farm Picnic Grounds. Parks and Recreation Director Therese Smith presented a PowerPoint presentation reviewing the impacts of reducing the picnic grounds to a maximum of 200 with fixed picnic tables, and with the ability to expand capacity to 500 to accommodate large events with folding tables and chairs. Robert Levy, 10802 Wilkinson Ave., said that he thought it would be a gradual reduction of facilities over time so that the profit wouldn't be cut too much at one time. Rhoda Fry, 10351 San Femando Ave., said that she didn't see worker's compensation, liability, insurance, etc. in the cost estimate. She wondered how the school camps would fit in since there are usually 1000 visitors per day. She said she liked the entry fee, but many swimmers per day would be needed to make the pool cost worthwhile. She thanked Council for listening to the neighborhood concerns. October 6, 2003 Cupertino City Council Page 9 Council members concurred that staff should proceed with a design that gives priority to creek restoration and which retains picnicking, in a more park-like fashion instead of a for-profit business. NEW BUSINESS 21. School District presentation regarding attendance boundaries and projected number of students from new developments. (Request continuance). Council concurred to continue this item to October 20 when all parties were available. 22. Review and approve Application Nos. CP-2003-02 and EA-2003-15, City Center Pedestrian Plan, including properties between Stevens Creek Blvd., Torre Ave., Town Center Lane, and De Anza Blvd. in the Heart of the City Specific Plan area including the Civic Center and Civic Park properties. (Continued from 9/15/03). Senior Planner Aarti Shrivastava reviewed the staff report about a unifying plan to connect the three major developments of the City Center, the Civic Park and the Civic Center, to include entry features, historic markers, banners, etc. Robert Levy, 10802 Wilkinson Ave. suggested that Council should not "count the view until it was hatched" because there are currently a number of trees along Town Center Lane, more may be added, and there will be speed bumps too. Council members asked staff to add signage (including signs indicating direction of Cupertino's Sister Cities), benches, fountains and entry features, to the proposed components of the plan, providing plan features within interior paths in the City Center area and along Town Center Lane/Civic Park Drive, and to install bike racks at convenient locations to encourage biking to these locations. Sandoval/James moved and seconded to approve the applications for the City Center Pedestrian Plan. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to hear item No. 25 next. 25. Rural neighborhood and street standards: Conduct the first reading of Ordinance No. 1925: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.040, Relating to Street Improvement Requirements, and Chapter 18.32, Section 18.32.030, Relating to Subdivision Frontage Improvements to Include Findings for Adoption of a Rural or Semi-Rural Street Designation." Public Works Director Ralph Quails reviewed the staff report and said that there are pockets of neighborhoods that, as they are developed, are required to install sidewalks, curbs and gutter, street lights and other improvements. Some residents have requested an October 6, 2003 Cupertino City Council Page 10 exception to those requirements in order to retain the character of their neighborhood. He said that a petition has already been received from Mann Drive and Corte Madeira, as well as from Dennis Houlsby who submitted a petition this evening regarding the Monta Vista neighborhood. Terry Griffin, 10727 Randy Lane, said he lived in one of semi-rural neighborhoods for which a petition has been submitted. He thanked the City Council for not enforcing a homogenized look throughout the neighborhoods. Donna Lowell, 10311 Mann Dr., referred to petition she submitted for Mann Drive and Corte Madeira and said although they already had curbs and gutters, the neighbors did not want sidewalks because of the amount of trees and vegetation that would be lost. Rhoda Fry, 10351 San Femando Ave., said that in the area between Stevens Creek Boulevard, McClellan Road, and Byme and Orange Avenues, the improvements are very inconsistent, which is both ugly and unsafe, such as when a sidewalk suddenly ends. She also asked about the new light poles that are not functional. Public Works Director Ralph Qualls said that it is the responsibility of PG&E to provide the power and there is a substantial lag time in their response. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 23. Notice of commissions with terms expiring January 15, 2004, and selection of dates for applications (December 30, 2003) and interviews (January 12 and 13, 2004). The City Clerk announced that she had received a resignation letter, effective October 28, from Planning Commissioner Charles Corr because he is moving out of the city. She said that the unscheduled vacancy will be posted and can be filled in January along with the scheduled vacancies and the new positions on the Cupertino Senior Commission. She said that the commissions with vacancies are: CDBG Steering Committee; Cupertino Audit Committee; Cupertino Housing Commission; Fine Arts Commission; Parks and Recreation Commission; Planning Commission; Public Safety Commission; Telecommunications Commission; and Senior Commission. Council concurred to accept applications until 5:00 p.m. on December 30, 2003; to conduct interviews January 12 and 13 at 6:00 p.m.; and to conduct a separate interview for each commission if an applicant applies for two commissions. Staff was asked to include the notice of the Senior Commission vacancies in the Senior Center newsletter in multiple languages. 24. Schedule dates to declare election results, select new Mayor and Vice-Mayor, and hold a reception for new and outgoing officials. October 6, 2003 Cupertino City Council Page 11 The City Clerk reviewed the staff report and explained that new legislation requires that the City Council hold a meeting to declare election results and seat new members, and that the Mayor and Vice Mayor must be selected at the next regular meeting after the declaration of results. Council concurred to hold a regular adjourned meeting on December 1st to swear in the new Council, to select the new Mayor and Vice-Mayor at the regular meeting of December 1st , and to hold a reception after the regular meeting. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the "Best in the West" SWAT competition and participation by the Sheriff's Emergency Response Team; the annual Cupertino Educational Endowment Foundation (CEEF) Gala; a presentation by the Borland Company to the Economic Development Committee; the activities of the County Emergency Preparedness Commission; the opening of the Shaolin Kung Fu school in Cupertino, and the upcoming March ballot measure for the Library Joint Powers Authority. CLOSED SESSION 26. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. The City Attomey announced that no closed session was necessary at this time. ADJOURNMENT At 10:45 p.m. Council adjourned to a study session on October 17 at 1:00 p.m. at Blackberry Farm Retreat Center, 21975 San Femando Ave., for a Council team-building workshop. I~imberly Smit~]~y Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be pumhased from the Cupertino City Channel, 777-2364.