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PC 08-04-03cUPE NO APPROVED MINUTES CUPERTINO CITY COUNCIL - Special Meeting CUPERTINO PLANNING COMMISSION - Regular Adjourned Meeting August 4, 2003 CALL TO ORDER At 5:13 p.m. Mayor Chang called the meeting to order in Conference Room C of Cupertino City Hall, 10300 Torte Avenue. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval, and Richard Lowenthal. Planning Commission members present: Marty Miller, Taghi Saadati, and Gilbert Wong. Planning Commission members absent: Chairperson Angela Chen and Commissioner Charles Corr. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Senior Planner Aarti Shrivastava, and City Clerk Kimberly Smith. JOINT STUDY SESSION WITH PLANNING COMMISSION Discuss a development plan for the Cupertino Financial Center located at the northeast comer of Stevens Creek Blvd. and Wolfe Rd. The owner, Menlo Equities, wishes to build 117 podium-level condominium units and 7,000 square feet &ground-level retail uses on the parking lot side of the site, and master plan future buildings along the Stevens Creek Blvd. and Wolfe Rd. frontages. Community Development Director Steve Piasecki said that, as it is currently presented, the project will require a General Plan amendment to allow buildings to extend into the 1.5:1 slope along Stevens Creek Boulevard in the Vallco Planning Area; a Heart of the City Specific Plan exception to exceed allowed building heights from 26 feet to 39 feet; rezoning; a use permit; and a tentative map. There is a future plan to construct two retail buildings totaling 27,000 square feet of retail along the Wolf Road frontage and in the plaza area at Stevens Creek Blvd. and Wolfe Rd. August 4, 2003 Cupertino City Council Page 2 Senior Planner Aarti Shrivastava showed slides illustrating General Plan allocations for development and below-market-rate units, as well as the General Plan height map. She said the project will require a high retaining wall at the north side of the property, and she explained that a mixed-use parking study is needed to determine if sufficient parking will be available if some spaces are shared by both retail and residential uses. Architect Jim Yee showed a series of slides illustrating the existing site, plus architectural styles and streetscapes that are proposed for this location. He also showed a simulated streetscape seen from a driver's viewpoint, and explained where the public and semi- public walkways and courtyards would be located. He said that the residential units would range from a one-bedroom loft (950-1,000 sq. ft.) to a 3-bedroom unit (1,300 sq. fi.). At current market rates, the purchase price will be in the range of $400,000 to $600,000. Discussion followed regarding the benefits of a 1:1 slope ratio instead of 1.5:1, and whether a 1:1 would be a better match with the rest of the street. Council comments included a request for a 1:1 ratio if it provides more variety in housing styles and avoids a General Plan amendment. Council also asked that the developer create more green spaces and/or gathering spaces. Community Development Director Steve Piasecki said that staff will work with the applicant to try to meet the General Plan requirements first, but a General Plan amendment is still an option if the applicant prefers a slope ratio of 1:1. RECESS At 6:15 p.m. the Planning Commission adjourned and the City Council went into recess until 6:48 p.m. PLEDGE OF ALLEGIANCE At 6:48 p.m., Mayor Chang 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 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, 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. August 4, 2003 Cupertino City Council Page 3 CEREMONIAL MATTERS - PRESENTATIONS Report from the Public Safety Commission on its 2003-2004 goals. (No documentation in packet). Emma Darknell, chairperson of the Public Safety Commission, discussed the commission's goals for 2003-2004. She said that they would like to be involved in the following projects: (1) Safe routes to schools and school traffic; (2) Red-light program; and (3) Rural neighborhood street & sidewalk standards. She invited the public to attend the meetings, which are held on the second Thursday of each month at 7:00 p.m. in Conference Room A. Presentation to the Cupertino National Little League Diamond Backs. (No documentation in packet). The Public Information Officer said that the proclamations were mailed since the recipients could not be present. POSTPONEMENTS - None WRITTEN COMMUNICATIONS A letter from the Building Trades Council dated August 4, 2003 regarding item number 27 was handed out. ORAL COMMUNICATIONS Dennis Whittaker, 20622 Cheryl Dr., shared his concerns on some specifics of the Cupertino Courtyard, which had been discussed at the earlier joint study session. Joanne Tong, commented on the development plan on the comer of Stevens Creek Blvd. and Wolfe Rd. Her comments included involving the high school in the study sessions due to growth impacts. She requested that the Community Development Department share the comments from the earlier joint study session at the upcoming General Plan Task Force meeting. Shing-Shwang Yao, 21441 Elm Ct., read a letter addressed to Council members thanking them for their attention to the Elm Ct. flooding problem. Staff recommended adding an additional drain inlet to the end of Elm Ct. prior to the storm season. He wanted to know if the final decision had been made and when it would be added. Public Works Director Ralph Quails responded that the drain would be installed well ahead of flood season. Barry Chang, 21730 Alcazar Dr., said he attended the Parks and Recreation Commission meeting and asked about the procedure for making a decision about the Stevens Creek Trail. He asked Council to put more emphasis on the input from Cupertino residents. Parks and Recreation Director Therese Smith responded that the Commission plans to forward its recommendations on August 4, 2003 Cupertino City Council Page 4 September 15 regarding the Stevens Creek Corridor Master Plan, including a trail that would benefit a variety of trail users. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 10 and 15, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 4. Approve the minutes from the July 7 City Council meeting. Adopt resolutions accepting Accounts Payable for July 4, 11, July 18, and July 25 Resolution Nos. 03-140 through 03-143. Adopt resolutions accepting Payroll for July 18 and August 1, Resolution Nos. 03-144 and 03-145. 7. Accept the Treasurer's Budget Report - June 2003. 8. Approve applications for an Alcoholic Beverage License: a) b) Coach House Wine & Liquors, 1655 S. De Anza Blvd. Formosa Restaurant, 1655 S. De Anza Blvd. #6 Acknowledge a combined fee waiver and expenditure for the 2003 Chamber of Commerce's Art and Wine Festival held July 19 and 29, 2003, in the amount of $11,014.64. 11. Accept municipal improvements (curb & gutter) for William J. Gignac and Nancy L. Keder, 10255 Hillcrest Avenue, APN 326-16-008. (No documentation in packet). 12. Accept city projects performed under contract for the 2002 Annual Overlay Program, Project No. 2002-04 (Top Grade Construction). (No documentation in packet). 13. Adopt a resolution changing the public hearing date from August 18 to September 2 for the vacation of a 10 ft. public service easement, 11477 Lindy Place, APN 356-24-004, Resolution No. 03-147. 14. Report on bids and award the contract for the De Anza Boulevard Adaptive Traffic Signal System, Project No. 420-9535. 16. Approve a request for substitution, by XL Construction, The General Contractor on the Cupertino Sports Center Remodel Project, of the listed electrical sub contractor, Electrical Group, Inc. of San Francisco, to be replaced with sprig Electric of San Jose. August 4, 2003 Cupertino City Council Page 5 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 10. Adopt a resolution supporting the Memorandum of Consensus approved by the members of the Watershed Protection Collaborative, Resolution No. 03-146. Kwok thanked the Santa Clara County Water District and the city staff for their efforts on this item. Greg Zlotnick said that he represents the City of Cupertino along with eight others on the board, and that Cupertino was the first to take action. He said he looked forwarding to the continuing collaboration, and said this model is something that can be used nationwide. Kwok/Lowenthal moved and seconded to adopt Resolution No. 03-146. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 15. Review bids and award the contract for the City Center Park, Project No. 2003-9313, to the lowest responsive and responsible bidder, Robert A. Bothman, Inc., including Add Alternate No. 2 for a total contract amount of $883,634; authorize the City Manager to execute the contract on behalf of the City; and approve a Construction Contingency of $50,000 for unforeseen conditions. After a clarifying question Kwok moved to award the contract, authorize the City Manager to execute the contract, and approve the contingency as recommended by staff. James seconded, and the motion carded by the following vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to discuss item 25 next. ORDINANCES 25. Conduct the second reading of Ordinance No. 1920: "An Ordinance of the City Council of the City of Cupertino rezoning three parcels totaling 3.92 gross acres parcel from P(R3) or Planned Development with multi-family residential uses and R1 or Single Family Residential to R(Res) or Planned Development with residential uses." James/Sandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. James/Sandoval moved and seconded to enact Ordinance No. 1920 Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PUBLIC HEARINGS - None August 4, 2003 Cupertino City Council Page 6 PLANNING APPLICATIONS - None UNFINISHED BUSINESS 17. Naming City facilities: a) Adopt a resolution confirming the policy and procedures regarding the naming of City facilities and recognition of financial donors, Resolution No. 03-148 b) Discuss and/or consider holding a study session with the City Council and the Cupertino Library Foundation, to discuss the effect of the adopted policy on Council's previous action to authorize the Foundation to use a list of naming opportunities to raise contributions Barbara Rogers, representing the Cupertino Library Foundation, asked that the City Council take no action until after a study session had been held with the Foundation representatives. Lowenthal/Sandoval moved and seconded to conduct a study session at 5:00 p.m. on Monday, September 2, to discuss item B, and to continue the action on items 17A and B to the Unfinished Business portion of that evening's agenda. Mayor Chang reordered the agenda to discuss item 27 next. STAFF REPORTS 27. Receive a report on prevailing wage complaint enforcement proposal by the Building Construction Trades Council (BCTC). A letter dated August 4, 2003, from the Building Trades Council, was distributed to City Council. Public Works Director Ralph Qualls showed slides summarizing the prevailing wage complaint investigation proposal by the Building and Construction Trades Council. Neil Strnthers, Executive Director of the Building Trades Council, said that there is a need for an alternative to the current process of investigation for violations of the labor code. He disagreed with staff that there was no need for the proposal. He asked Council to adopt an enfomement provision for the current responsible contracting policy. Jay James, Assistant Business Manager for the Electrician's Union and President of the Building Trades, read the law regarding prevailing wages as pertains to the City of Cupertino and other public agencies in the State of California. Jim Homer, representing Local 270, said that the concern is for those workers who don't have any representation to support and assist them in correcting any violations of state law. He asked Council to support the Building Trades proposal of adding to the current compliance. August 4, 2003 Cupertino City Council Page 7 Daniel Smith, Business Manager of the Roofer's Local, spoke in favor of supporting the Building Trades proposal. He mentioned a case in San Jose where a worker received compensation in only a few weeks versus years because San Jose has a policy in place. Josue Garcia, Deputy Executive for the Building Trades Council, spoke in support of the Building Trades Proposal. Hector Baez, speaking through inte~reter Josue Garcia, said that he is a member of the Roofer's Union. He said that he was taken advantage of and that the City of San Jose backed him up. All the money that was stolen from him would be recovered. Sandoval/Kwok moved and seconded to direct staff to continue filling out the enforcement mechanism proposal in addition to the current procedure; make contact with the Director of Industrial Relations and keep the Building Trades Council informed; and bring the item back to Council in September as an addition to the resolution. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. City Manager David Knapp commented that any labor compliance program would have to come at the expense of some other City program due to time and money limitations. RECESS Council was in recess from 7:35 to 7:50 p.m. NEW BUSINESS 18. Receive a status report on the Cupertino Civic Center and Library Project budget and recommendations for additions to the project for completion. Public Works Director Ralph Qualls reviewed the staff report. Lowenthal/Sandoval moved and seconded to approve the addition of items 1-5 on Attachment A to the Civic Center Library project. Council agreed to consider items 6-8 later this year. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. These items were added to the project: 2. 3. 4. 5. Audio visual equipment Library wireless hub Signage upgrades Community hall patios Community hall ceiling upgrade August 4, 2003 Cupertino City Council Page 19. 20. 21. 22. 23. These items will be considered at a later time: 6. Community hall FF/E, 7. Stone paving upgrade 8. Memorial Redwood Grove improvements. Conduct a hearing to approve assessment of fees for the annual weed and brash abatement program (private parcels), Resolution No. 03-149. There were no individuals who wished to speak and the hearing was closed. KwokdLowenthal moved and seconded to adopt Resolution No. 03-149. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Report and recommendation regarding request from Terry Hertel pertaining to the tank house near Blackberry Farm Golf Course. Director of Community Development Steve Piasecki reviewed the staff report. Richard Whicker of the Byme Avenue Homeowners Association, 10025 Byme Avenue, gave a history of the tank house, showed pictures of the structure and its decay, and asked to have the tank house relocated to a more suitable site if it has historical value or to dismantle it if not. The City Council concurred to direct staff to further research the subject and report back on September 2, 2003. Select study session date regarding the goals and evaluation of the City Manager. (No documentation in packet). City Council concurred to set tentative dates of October 3rd at 1:00 p.m. for the City Manager evaluation and October 10th at 1:00 p.m. for a Council team-building workshop. Designate a voting delegate for the 2003 League of California Cities Annual Conference in Sacramento on September 10. City Council concurred to appoint Patrick Kwok as the voting delegate and Richard Lowenthal as the alternate. Formally appoint Richard Lowenthal as an official board member of the Silicon Valley Animal Control Authority (SVACA) and appoint an alternate. James/Sandoval moved and seconded to appoint Richard Lowenthal as the board members and Dolly Sandoval as the alternate to SVACA. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. August 4, 2003 Cupertino City Council Page 9 24. Consider canceling the meeting of August 18. (No documentation in packet). Council concurred to cancel the meeting of August 18 for lack of business. Kwok asked that the agenda of September 2 include discussion of a Senior Commission. STAFF REPORTS (continued) 26. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood reported that: · The City's revenue fell short of budget by around $662,000 primarily in the area of sales tax and utility user tax · The City is even in revenue versus expenditures, which means the contingency fund for economic uncertainty won't be touched * The auditors are scheduled to come in September and additional numbers will be brought back after that · The City was expecting a $2 million hit from the state budget cuts, which turned out to be only about $822,000 due to a cut in public safety grants and the vehicle license fees. That money will come out of the economic uncertainty fund COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the different events that occurred during the visit of the Sister City delegation; the $20,000 gift from the Sister City delegation to purchase trees for the Civic Center Library Project; the success of the first meeting of the General Plan Task Fome; the Bay Area Air Quality Management District; Cupertino Appreciation Day at the San Jose Giants; a measure on the March 2004 ballot to create a Comanunity Facilities District; and an Audit Committee meeting. CLOSED SESSION 28. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives Carol Atwood and Ralph Qualls concerning labor negotiations with Operating Engineer's Local No. 3. At 9:50 p.m. Council recessed to a closed session. At 10:13 p.m. Council reconvened in open session, and the City Attorney announced that the City Council took no action but gave direction to the negotiators regarding further meetings with OE3 representatives.