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CC 08-16-04 (I OF CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, August 16,2004 PLEDGE OF ALLEGIANCE At 6:45 p.m. Vice-Mayor Patrick Kwok called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James (arrived at 7:37 p.m.), Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. Vice-Mayor Kwok re-ordered the agenda to take up postponements first. POSTPONEMENTS City Architect Terry Green recommended that Council table Item 16 because it is no longer applicable. He explained that the Cal- Trans requirements that were initially used as a basis for starting this process have been relaxed and the City can re-initiate the proposal at a later date when there is a qualified project. Sandoval/Lowenthal moved and seconded to withdraw item number 16. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith noted the following written communications: 1) A chart regarding reconstruction of sidewalks, curbs, and gutters for item number 10; 2) An email from Mavis Smith offering assistance regarding the Whispering Creek Stables for item number 26; 3) Three letters trom the attorney representing the Blue Pheasant Restaurant asking that their petition for reconsideration be withdrawn for item number 33. August 16,2004 Cupertino City Council Page 2 ORAL COMMUNICATIONS - None CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Sally Lieber, Assistant Speaker Pro Tempore of the California State Assembly, honoring Pearl Cheng as the Assembly District 22 Woman of the Year. (No documentation in packet). Lieber presented a proclamation trom the California State Assembly to Pearl Cheng as Woman of the Year, and acknowledged Cheng's involvement in many community causes, particularly her involvement in organizations that represent multi-racial and multi-cultural families. Cheng thanked everyone, and said that she and her family were proud to be residents of Cupertino. She gave details about her background and how she became involved in community service. Vice-Mayor Kwok presented Cheng with a commendation from the Santa Clara County Board of Supervisors on receiving her Woman of the Year award. Council members offered their congratulations. At 7:07 p.m. Council recessed for a reception for Pearl Cheng, and reconvened at 7:15 p.m. CONSENT CALENDAR Sandoval/Wang moved and seconded to approve the items on the Consent Calendar as recommended with the exception of item numbers 2 and 12, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. 3. Adopt resolutions accepting Accounts Payable for July 16, 23, 30, and August 6, Resolution Nos. 04-371 through 04-374. 4. Adopt a resolution accepting Payroll for July 30, Resolution No. 04-375. 5. Accept the Treasurer's Budget Report for June 2004. 6. Rescind Resolution No. 02-132 and adopt a resolution adopting the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees, Resolution 04-376. 7. Approve applications for Alcoholic Beverage Licenses: a) Royal Tofu House, 21271 Stevens Creek Blvd. b) Elephant Bar Restaurant, 19780 Stevens Creek Blvd. 11. 13. August 16,2004 Cupertino City Council Page 3 8. Improvement Agreements: a) Adopt a resolution approving an Improvement Agreement for William A. Hurt, a married man, as his sole and separate property, 21740 Alcazar Avenue, APN 357- 19-011, Resolution No. 04-377 b) Adopt a resolution approving an Improvement Agreement for Evershine VI, L. P., a California Limited Partnership, APN 369-06-009, Resolution No. 04-378 c) Adopt a resolution approving an Improvement Agreement for Philip Liu & Pai-Ju Ho, 10222 Byrne Avenue, APN 357-15-079, Resolution No. 04-379 9. Grant of Easements: a) Adopt a resolution approving a Grant of Easement, roadway, William A. Hurt, a married man, as his sole and separate property, 21740 Alcazar Avenue, APN 357- 19-011, Resolution No. 04-380 b) Adopt a resolution approving a Grant of Easement, roadway, Philip Liu & Pai-Ju Ho, 10222 Byrne Avenue, APN 357-15-079, Resolution No. 04-381 10. Accept City projects performed under contract for Reconstruction of Curbs, Gutter and Sidewalks, Project 2003-01 (JJR Construction, Inc.). (No documentation in packet). Acknowledge a fee waiver for the 2004 Chamber of Commerce's Art and Wine Festival that was held June 26 and 27, 2004. Approve the donor recognition plaques for artwork donated by Dick and Carolyn Randall. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes ITom the July 6, 19, and August 9 City Council meetings. Wang corrected the second to last paragraph on page 3 of the July 6 minutes to reflect that Vice-Mayor Kwok was absent. Lowenthal made comments regarding item number 15 of the July 19 minutes. He suggested that Council hold a public meeting regarding noticing policies, to increase noticing for General Plan Amendments in particular. Lowenthal/Wang moved and seconded to approve item number 2 as amended. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. August 16, 2004 Cupertino City Council Page 4 12. Accept report regarding the selection of Wells Fargo Bank as the City's provider of Banking Services, and authorize the City Manager to execute the contract. Councilmember Lowenthal recused himself ITom voting on this item due to a conflict of interest. Administrative Services Director Carol Atwood reviewed the staff report. SandovallWang moved and seconded to approve this item. Vote: Ayes: Kwok, Sandoval, and Wang. Noes: None. Absent: James. Abstentions: Lowenthal. Vice-Mayor Kwok re-ordered the agenda to take up item number 17 next. Councilmember Lowenthal was present. At 7:27 p.m. PLANNING APPLICATIONS 17. Applications TM-2004-09 and EA-2004-12, Art Dave, 11081 S. Stelling Road, APN 362- 18-003: a) Grant a Negative Declaration b) Approve a tentative map to subdivide a 1.25-acre parcel into five parcels ranging from approximately 7,200 to 9,273 square feet in an RI-6 zoning district Community Development Director Steve Piasecki reviewed the staff report. Applicant Art Dave said that so far they have met all the requirements of the project and have a plan in place to preserve most of the trees. He said that several informal meetings with the neighbors have taken place and they have been happy with the proposed development. He expressed a concern about the public works condition of a dedication of 25 feet ITom the ITont of the property. He said he had originally proposed to dedicate enough to make the sidewalk contiguous to the existing sidewalk and no more than that. He said he would like the strip of land in front to be the responsibility of the homeowner rather than the City so that the homeowner would keep up the maintenance. Piasecki responded that the City could put down in writing that the property owner would be responsible for maintaining the area behind the sidewalk, but he said he thought it was not an issue and that they should just follow the conventional dedication requirements. LowenthallWang moved and seconded to grant a mitigated negative declaration. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. Sandoval said that for the record she would like to take a look at the extra 5 feet of dedication if it becomes a problem for future projects. August 16,2004 Cupertino City Council Page 5 Lowenthal/Wang moved and seconded to approve the tentative map. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. At 7:37 p.m. Mayor James was present. PUBLIC HEARINGS 14. Consider approving Application No.(s) ASA-2004-07; Ren Bates / Carducci Associates; Town Center Lane; APN(s) 369-40-002, 369-40-016, and 369-40-017. (This item was continued from July 19): a) Architectural and site approval for an approved park space as part of the Civic Park development Community Development Director Steve Piasecki reviewed the staff report. Applicant Ren Bates highlighted the project details and amenities including benches, fountains, trash recycling receptacles, bike racks, pedestrian lights, outlets, and their plans to re-locate the existing oak trees. He explained the change to the fountain and distributed a handout showing the change and all the amenities. Kwok/Sandoval moved and seconded to approve the application. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 15. Consider denying Application No.(s) M-2004-03, TM-2004-04, EA-2004-06; Deke Hunter; 10430 S. De Anza Blvd., APN 369-40-002. (This item was continued from July 19): a) A modification to allow the conversion of an existing two-story office building into office condominiums b) A tentative map application to create 20 office condominiums in an existing office building on Lot 5 (Civic Park development) Community Development Director Steve Piasecki reviewed the staff report and explained that staff had asked the applicant to incorporate both architectural upgrades as well as site plan upgrades to better integrate the building into those around it. He said that the Planning Commission recommended denial because the current enhancements weren't incorporated into the plans when they reviewed them. Piasecki said that staff is now satisfied with the revision, but Council has the option to uphold the Planning Commission denial or to approve the project. He also recommended that The Council add a condition that the building must comply with the requirements of the Americans with Disabilities Act (ADA). August 16,2004 Cupertino City Council Page 6 Applicant Ed Storm representing Hunter Storm Developers agreed that they would make the building ADA accessible. He said that it is their intention to sell to the current tenants, however it is for office use in general and not limited to physicians. LowenthallKwok moved and seconded to approve the Negative Declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to approve the tentative map based on the conditions in the staff report and adding the requirement that the building meet ADA requirements for accessibility. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to approve the modification application based on the conditions in the staff report and adding the requirement that the building meet ADA requirements for accessibility. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 16. Consider adopting a resolution establishing an annual Disadvantaged Business Enterprises Goal of9.9%. (Staff requests this item be continued to September 7). Under "Postponements", City Architect Terry Green recommended that Council table Item 16 because it is no longer applicable. He explained that the Cal-Trans requirements that were initially used as a basis for starting this process have been relaxed and the City can re-initiate the proposal at a later date when there is a qualified project. SandovallLowenthal moved and seconded to withdraw item number 16. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. UNFINISHED BUSINESS 18. Adopt a City Fee Policy including criteria under which the City Manager can make adjustments to Park and Recreation fees. Administrative Services Director Carol Atwood reviewed the staff report and explained that Council adopted Resolution No. 04-350 at an earlier meeting with a caveat that staff would come back with an overall fee policy that would include: 1) Fee increases be consistent with Council's annual goals and objectives; 2) The policy reflects the Council policy that non-residents pay more than non-residents; 3) Fees won't be adjusted mid- season; 4) Staff notifies Council in a timely basis of any changes. Sandoval said she thought it would be a good idea to look at the fees quarterly for the first few quarters to see how the City is doing. Lowenthal said he would like to receive copies of feedback staff receives ITom residents regarding fees. August 16,2004 Cupertino City Council Page 7 KwokILowenthal moved and seconded to adopt the City Fee Policy and directed the City Manager to forward to the Council any public feedback regarding the fees. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. NEW BUSINESS 19. Consider a donation of a commissioned sculpture of Cyrus the Great. City Clerk Kimberly Smith reviewed the staff report, and the Council members discussed whether to accept the gift or require that a policy be in place first. James and Wang felt that a policy should be in place before any artwork was accepted. James and Sandoval were also interested in the idea of a sculpture garden, possibly at Memorial Park. Lowenthal wished to accept this gift, and continue to accept art gifts on a case-by-case basis, because it would leave the decision up to Council's discretion rather than being driven by a policy. Kwok was in favor of a policy, but was also in support of accepting this donation and referring it to the Fine Arts Commission to work out the details. Fariba Nejat, representing the potential donors, talked about the artwork and said that it is being donated to show appreciation to the City of Cupertino and to show Iranian history. She said she doesn't see any controversy in accepting the artwork. Sandoval said she was inclined to accept the offer and future offers on a case-by-case basis. She said that a policy for public art would be difficult to write or so vague and open-ended that it wouldn't really help to make decisions. Sandoval suggested that the donation include a plaque explaining the history and rationale behind the sculpture Lowenthal/Sandoval moved and seconded to accept the statue and have the Fine Arts Commission prepare a policy recommendation regarding future art donations. Sandoval added a mendly amendment to have the Fine Arts Commission hold a public hearing for input on suggestions for placement. Lowenthal accepted the amendment. Kilian said there are good arguments for accepting art on a case-by-case basis because Council would have the maximum flexibility, wouldn't discourage any group of artists, and would encourage innovation. But, on the other hand, if there is a policy in place, Council has both the political and legal cover of the policy if a particular piece of art comes along that it doesn't want to accept. He said it's a difference between flexibility and taking risks versus protecting future decisions. The vote was as follows to have the Fine Arts Commission prepare a policy recommendation regarding future art donations and hold a public hearing to get suggestions for placement. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: James. Absent: None. August 16,2004 Cupertino City Councìl Page 8 20. Civic Center I Library Project: a) Recommendation to Allocate $175,000 ftom the End of Project (EOP) contingency to the available project budget to fund the 2nd (Final) Amendment to the agreement with NOVA Partners in the amount of $75,000 and to augment the construction contingency in the amount of $100,000 City Architect Terry Greene reviewed the staffreport. LowenthallKwok moved and seconded to approve the allocation. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Absent: None. b) Adopt a resolution authorizing the City Manager to negotiate and execute the Second Amendment to the agreement with Nova Partners, in an amount not to exceed $75,000, for additional construction management services on the Library and Civic Center Project for a total agreement amount of $1,225,000, Resolution No. 04-382 Greene reviewed the staff report. Kwok/Lowenthal moved and seconded to adopt the resolution. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Absent: None. c) Approve the relocation of the Cupertino Morion sculpture to the Southeast Corner of Torre and Rodrigues Avenues Greene reviewed the staff report. SandovallKwok moved and seconded to approve the relocation of the Morion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Absent: None. 21. Request by the Library Fundraising Campaign to approve the revised list of sponsorship opportunities, the sponsorship plaques, and the Library Donor Wall conceptual design for the Library I Civic Center Project. City Architect Terry Greene reviewed the staff report. Nicol Lea, representing the Fundraising Campaign Committee, said that she and Jean Gallup are present to answer any questions. She talked more about the plaques and design. Kwok/Lowenthal moved and seconded to approve the item and, because of the approaching deadlines, to have the individual Council members be shown mock-ups of the plaques in actual size, and with appropriate acknowledgement of the community's August 16, 2004 Cupertino City Council Page 9 contribution. The Council members will notifY staff if the plaques were unacceptable in any way. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 22. Adopt a resolution establishing policies and procedures for installing donor artifacts in City facilities, Resolution No. 04-383. City Architect Terry Greene reviewed the staff report. LowenthallKwok moved and seconded to adopt Resolution No. 04-383. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 23. Approve the proposed memoriam statements, and authorize additional artifacts with similar text, to be installed in the English Garden of Cali Mill Plaza. City Architect Terry Greene reviewed the staffreport. Eleanor Watanabe from the Cupertino Education Endowment Foundation (CEEF) said that there would be spaces for 24 bricks from major donors would be installed in a pattern, and the remaining 125 bricks would be installed in a random or alphabetical order. SandovallKwok moved and seconded to approve the proposed memoriam and statements, and to authorize additional artifacts with similar text, to be installed in the English garden of Cali Mill Plaza up to a maximum of 650 bricks as shown on Attachment A of the staff report. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 24. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks, curbs, gutters, and streetlights on Felton Way and Blossom Lane pursuant to Ordinance No. 1925, Resolution No. 04-384. City Manager David Knapp reviewed the staff report. Lowenthal said that he would like to always have corner properties be semi-rural if they are a transition corner in the future. SandovallLowenthal moved and seconded to adopt Resolution No. 04-384 with a requirement for continuous sidewalks on the northern edge of parcels on Felton Way (20592 and 10514), and 2 parcels on the southem edge of Felton Way (10645 and 10648). Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 25. 26. 27. 28. 29. August 16,2004 Cupertino City Council Page 10 Adopt a resolution to make a minor revision to the City policy on responsible contracting, Resolution No. 04-385. City Manager David Knapp reviewed the staff report. Kwok/Lowenthal moved and seconded to adopt Resolution No. 04-385. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Review citizen complaint about Whispering Creek Stables. The Council members received a copy of email from Mavis Smith stating that she considered the stables a responsibly managed asset to the community. Administrative Services Director Carol Atwood reviewed the staff report and said that the city's code enforcement officers have followed up on the complaint by Mr. Ali Yazdi each of the past four years and found that the odor was a reasonable expectation for property 100 feet ITom a horse pasture; no conditions were observed that would indicate neglect in cleaning up manure; no deviation is found in the maintenance of the pasture; and the stable has been in operation for 20-30 years and is a legal, non-conforming use. Council accepted the report. Adopt a First Amendment to Loan Agreement between the City and the Cupertino Community Services (CCS). Administrative Services Director Carol Atwood reviewed the staff report. Kwok/Sandoval moved and seconded to adopt a First Amendment to the Loan Agreement. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Designate a voting delegate and alternate for the League of California Cities Annual Conference on Friday, September 17 through Sunday, September 19. The Council members concurred to designate Councilmember Wang as the delegate and Public Works Director Ralph Qualls as the alternate for the League Conference in September. Confirm Mayor James as the appointee and designate an alternate to the newly formed Santa Clara County Cities Association (SCCCA) standing Joint Economic Development Policy Committee. (No documentation in packet). Council confirmed Mayor James as Cupertino's representative and designated Councilmember Lowenthal as the alternate to the Joint Economic Development Policy Committee. Cupertino City Council August 16,2004 30. 31. 32. 33. Page 11 Conduct the first reading of Ordinance No. 1941: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to Change the City Council Regular Meeting Dates to the First and Third Tuesdays of Each Month." The City Clerk read the title of the ordinance. LowenthallKwok 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: James, Kwok, l.owenthal, Sandoval, Wang. Noes: None. Absent: None. Conduct the first reading of Ordinance No. 1942: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.32.050 (A) of the Cupertino Municipal Code to Change the City Planning Commission Regular Meeting Dates to the Second and Fourth Tuesdays of Each Month." The City Clerk read the title of the ordinance. LowenthallWang 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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. Conduct the first reading of Ordinance No. 1943: "An Ordinance of the City Council of the City of Cupertino Amending Section 13.04.130 of the Cupertino Municipal Code Regulating Skating and Rollerblading in City Parks." City Manager David Knapp reviewed the history of this ordinance and said that a committee of Council members Lowenthal and Sandoval met, in addition to a couple of Teen Commissioners, and a solution was made to put up a sign that says skating on raised surfaces is prohibited. The City Clerk read the title of the ordinance. Lowenthal/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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. Adopt a resolution denying the Petition for Reconsideration ofthe assignment of the Blue Pheasant Lease to Giti Majdy and Kianoush Kakavand, dba San Jose Teamsters, Resolution No. 04-386. Parks and Recreation Director Therese Smith reviewed the staff report. The City Council members received copies of two letters from Blue Pheasant Attorney Paul Hogan, and one letter from the City Attorney to Paul Hogan. City Attorney Charles Kilian explained that the buyers of the business have decided to rescind their offer and Council's consent to an assignment is no longer necessary. He August 16,2004 Cupertino City Council Page 12 suggested that Council still consider adopting the prepared resolution denying the assignment for purposes of possible litigation in the future regarding the current owners of the Blue Pheasant. Kwok/Sandoval moved and seconded to adopt Resolution No. 04-386. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: Lowenthal. Absent: None. City Attorney noted other correspondence on the dais and said he will ask for a closed session on this topic at the regular adjourned Council meeting tomorrow. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Lowenthal suggested a public study session regarding noticing requirements. Council concurred to hold a televised study session on Tuesday, August 31 at 4:00 p.m. in the Council Chambers. Council members highlighted the activities of their committees and various community events including the following: (I) A meeting with the Chamber of Commerce Legislative Action Council to talk about the Initiatives; (2) the ceremonial planting of 16 trees in the Civic Plaza area by the Cupertino Rotary in honor of Rotary International's 1001h year and Cupertino Rotary's 50th year; (3) The Park Place Restaurant grand opening; (4) A meeting with a Councilmember from Saratoga regarding the sports field issue; (5) The Cali-Mill Plaza grand opening; (6) An update on the Policy Review ad hoc committee; (7) Kwok said he supported the Council actions regarding the De Anza Youth Soccer League (DYSL) item at the last meeting, which he was unable to attend; (8) The opening of the new location ofLe Boulanger at Cali-Mill Plaza; (9) The availability of tickets for the Cupertino Community Services BBQ on Saturday, which would honor the firefighters that responded to the 911 catastrophe; (10) Support for the League of California Cities Proposition lA and plans to help raise $14,000 for the approval campaign; (11) The upcoming fundraiser for the library and thanking the surrounding businesses for donating free food and drink. CLOSED SESSION - None ADJOURNMENT At 10:20 p.m. the meeting was adjourned to Tuesday, August 17 at 3:00 p.m. at the Blackberry Farm Conference Room, 21975 San Fernando Avenue, to determine the process for evaluating the City Attorney, and to hold a joint study session to review a development proposal ITom Toll August 16,2004 Cupertino City Council Page 13 Brothers in the Val1co Park planning area for 565 residential units and approximately 50,000- 80,000 sq. ft. of retail space on 27 acres, and to conduct a closed session regarding the Blue Pheasant lease. 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, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes! City Council! Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.