Loading...
CC 09-18-95· '~ · CC-909 MINUTES Cupertino City Council Regular Meeting October 2, 1995 PLEDGE OF ALLEGIANCE At 6:45 p.m., Mayor Dean called the meeting to order and led the pledge of allegiancc. ROLL CALL Council members present: Don Bumett, John Bautista, Barbara Koppel, Lauralee Sorensen, and Wally Dean. Staff Present: City Manager Don Brown, Director of Public Works Bert Viskovich, Director of Commnoity Development Bob Cowan, Director of Parks and Recreation Steve Dowling, Director of Administrative Services Carol Atwood, Personnel Officer Bill Woska, Deputy City Clerk Roberta Wolfe, Public Infommtion Officer Donna Krey, City Attorney Charles Kilian. CEREMONIAL MATTERS - PRESENTATIONS Presentation of proclamations and gifts to Toyokawa visitors. Twelve students and two teachers were present. Yoshio Asano and Kunio Sugiura, the two teachers, and Natsumi Tanaka, one of the students, spoke about the sister city relationship. Mayor Dean thanked the visitors and gifts were exchanged. POSTPONEMENTS ~ None ORAL COMMUNICATIONS - None. CONSENT CALENDAR Koppel moved and Bumett seconded to approve the items on the Consent Calendar, and the motion carried 5-0 with Sorensen abstaining on Item 4. 1. Resolution No. 9448: Accounts Payable, September 15, 1995. 2. Resolution No. 9449: Accounts Payable, September 22, 1995. 3. Resolution No. 9450: Payroll, September 22, 1995. October 2, 1995 Cupertino City Council Page 2 - 4. Approval of minutes of the regular adjourned meeting of September 18, 1995. 5. Resolution No. 9451: Approving the annexation of "Orange Avenue 95-02", located on the west side of Orange Avenue between Almaden Avenue and San Femando Avenue; Chu/Tang (APN 357-15-097). 6. Resolution No. 9452: Approving the annexation of "Byme Avenue 95-04", located on the west side of Byme Avenue between Lomita Avenue and Hermosa Avenue; Lo/Lin (APN 357-11-012). 7. Resolution No. 9453: Approving change order No. 22 for Cupertino Nine School Site Improvements, Project 93-9106. g. Resolution No. 9454: Accepting quitclaim deed and authorization for underground water rights from The E & H First Family Limited Partnership, a California Limited Partnership; APN 342-29-062; Alcalde Road at Foothill Boulevard 9. Resolution No. 9455: Accepting quitclaim deed and authorization for underground water rights from the Marianist Novitiate, a California Corporation; APN 342-29-037; 22655 Alcalde Road. 10. Resolution No. 9456: Accepting grant of easement for roadway purposes from the Marianist Novitiate, a California Corporation; APN 342-29-037; 22655 Alcalde Road. 11. Resolution No. 9457: Approving the final map and improvement plans of Tract No. 8687; Homestead Road and De An?a Boulevard; Developer, SCS Development Co. (dba Citation Homes General); accepting certain easements; authorizing signing of final map and improvement plans; authorizing the execution of agreement. 12. Resolution No. 9458: Setting date for consideration of annexing area designated "Upland Way 95-0Y', property located on the west side of Upland Way between Rainbow Drive and Bubb Road, approximately 1.8 acres, Incardona/Orose/Roberts (APNs 36-03-007 and -008). 13. Monthly Treasurer's report and budget update, August, 1995. 14. Resolution No. 9459: Rescinding Resolution No. 9443 and fixing lime and place for hearing to order vacation of public utility easement at 19140 Stevens Creek Boulevard October 2, 1995 Cupertino City Council Page 3 --- 15. Resolution No. 9460: Accepting quitclaim deed and authorization for underground water rights from David L. Blockus and Marilyn J. Blockus, APN 324-14-058, 10170 Camlno Vista. 16. Resolution No. 9461: Accepting quitclaim deed and authorization for underground water rights from Wei-Mein Swen and Hsal-Chien Yang; APN 326- 20-014; 10182 Adriana Avenue. 17. Resolution No. 9462: Amending Resolution No. 8497, solid waste franchise agreement between the city and Los Alms Garbage Company to correct the rote adjustment fommla. Vote Members of the City Council AYES: Bantista, Bumett, Koppel Sorensen, Dean NOES: None ABSENT: None ABSTAIN: Sorensen on Item 4 only ITEMS REMOVED FROM TIlE CONSENT CALENDAR - None PUBLIC HEARINGS 18. Applications 9-U-95, 8-Z-95 and 16-EA-95 - Cupertino City Center Associates - Use Permit to construct 24 single-family homes on 2.41 acres located on the east side of Tone Avenue between Stevens Creek Boulevard and Rodrigues Avenue; zoning approval to allow low to medium density residential development. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for denial. (Staff requests continuance of Application No. 9-U-95 to October 16, 1995). (a) First reading of Ordinance No. 1701: "An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 of the Cupertino Municipal Code By Amending Application No. 2-Z-83 To Rezone Approximately 2.41 Acres To Low to Medium Density Residential; Located on the East Side of Torre Avenue South of Stevens' Creek Boulevard (Application No. 8-Z-95 - Classic Communities, Inc.)." Community Development Director Bob Cowan reviewed the steps that might be taken at this meeting. He said Council could decide the zoning tonight and the use penfsit would be heard at the next meeting. October 2, 1995 Cupertino City Council Page 4 City Attorney Charles Kilian stated for the record that at the last Council meeting there was a discussion between the Council and staff regarding the bnildability of the triangle area in relation to a zoning decision. He said Council inadvertently took a 3-2 vote in favor of approving the zoning request allowing for development of some sort on the triangle site. However, there was no public input into that decision. While the Brown Act does not specifically require remedial action, he believed that the spirit of the Act would require that the Council undergo remedial action. His recommendation was that Council open the public hearing with respect to the zoning, hear the public on that issue, rescind its decision of last meeting and defer it until after the public input. He said they could continue the decision on the zoning and hear it with the use pemfit if they desired, but they can make the decision on the zoning after the public input if they wish. He stated that the public had been properly notified of the hearing. Kilian suggested that Council rescind the decision taken at the last meeting regarding this pared. Bumett moved and Koppel seconded to rescind the previous action. Motion carried 5-0. Cowan continued with the staff report regarding the rezonlng. This included the _ history of actions on the property and transfer of development potential between properties. In summary, he believed there is a long history of allowing development credits to be transferred as long as the traffic works in each case. He said the Planning Commission's recommendation is inconsistent with the planning principles that allow property owners to make the transfers. Council had previously discussed development options or types and he thought it would be wrong to say that the property cannot be developed. He said the housing Element discusses the need for some 300 houses in that general area, and he disagreed with the Planning Commission's recommendation based on inconsistency with the General Plan. He said there were three Commissioners present for the vote and the vote was 2-1. There was no legal counsel present. In answer to Council questions, Cowan stated that the General Plan allows a mix of three types so that thc present owner could "purchase" some additional density from Tandem or one of the other property owners. Cowan said transferring rights means the development intensity that person may be allowed by virtue of the floor area ration (FAR) on their property could be transferred out. That's been done 20 to 30 times over the last 30 years. Burner said it seems that if there is an open space zoning, the only one that means anything is a permanent one. Kilian said all zoning is temporary because it's subject to change. The key issue here is not what the property is zoned, but what -- kind of development is allowed by the 1993 General Plan. If Council wants to consider something that involves no development on the property, at the very least October 2, 1995 Cupertino City Council Page 5 they would have to seek an amendment to the C~n~ral Plan. Council was awa~ in 1983 that there had been a transfer of development. Scott Ward, representing the applicant, Classic Communities, encouraged Council to approve the zoning, and to the ext~t that they are able, the use p~mit for the proposed project of 24 homes. With respect to the merits of the project, he said they are completing their response to the Commission's request for modifications to the plan. He said that whatever happened in regard to thc property before adoption of the 1993 General Plan is moot. The General Plan is the controlling authority and clearly provides for this type of use, not open space or other recreational use. Mr. Ward said they agree with Kilian that the approved use for the property is conunereial/offiee/residential and any other use would require an amendment to the General Plan. Residential is the least intensive use. He said the Park and Recreation Element of the General Plan does not acknowledge the site at all. Mr. Ward complimented staff on their analysis of the record of the proceedings regarding the parcel and said they had spent some time reviewing the information. Mr. Ward said that with the proposed modifications, this project will conform with both the intent and the letter of the Heart of the City plan. Farokh DeBoo, 10257 Nile Drive, said he was responding to comments made by himself and his neighbors and was turning in about 100 signatures of those opposing the application. He said it is not clear whether they should be considering this property for rezoning or a use permit prior to the Stevens Creek Specific Plan being resolved. He thought that the Planning Commission was going to review the project from scratch but they had only reviewed it for its architectural merit. He reminded Council that the Commission had recommended denial of the project. He referred to a letter he had submitted, supported by his neighbors, pointing out some of the issues. When the 120 unit complex came up for Planning and Council review, he and some of his neighbors supported it, both for the needed housing in the area and the below-market rate (BMR) units that would be provided. They also felt that areas like the triangle should have lower or no density, and they feel the City Center area is getting overdeveloped. Many neighbors moved into the area believing the triangle would be a park. He said there have been changes, but they stand by their original open space designation and would like Council to consider the merits of the property being open space. They would like the application to go back for consideration of the Heart of the City and the Stevens Creek Specific Plan in its entirety before this specific plot of land can be considered for rezoning and use permit. Gary Pruitt said he represented the Carpenters' Union and the Central California Council of Carpenters which want the project to be built. He reminded Council that they had worked for and supported Measure T, the open space initiative. He said this property would be an excellent place to put the proposed project. October 2, 1995 Cupertino City Council Page 6 John Bayer, 10233 Danube Drive, said when he moved there he saw a plan showing the open space and he assumed that negotiations for the original city center project were to decide the best thing to do because Cupert'mo doesn't have a downtown. The City Center was supposed to be the centerpiece for the City of Cupertino and he thought the decision was made to transfer those rights from that piece of property and put it all on one side so the towers could be built. He said it seems strange that this property is coming up and the developer doesn't even own the property, but only has an option to buy. He said he was disappointed that the Council is giving up on the centerpiece for the new buzzword, Heart of the City. If Council does allow the development he urged that they at least negotiate and get something good, maybe 2 to 5 houses and the rest open space. Albert Hoffman, 10209 Nile, pointed out that the notices did not include the use permit hearing. At the last council meeting, without public input, it was sent back to the Planning Commission. Mr. Hoffman said he thought their results should be completely ignored because of the lack of public input. He hoped Commission input would have some weight with Council and he didn't think the Parks and Recreation Commission had looked at the whole area in te~f~-lS of a park. He said the towers bother a lot of neighbors. He didn't think the "shell game" of transferring development rights was right and he thought that was why the Planning Commission took a negative position on this. Many people think the 1993 Heneral Plan says go ahead and build, but it really says that the area should have a certain development potential. It's up to the City Council to consider what is going on with the neighborhood and decide if the best potential is what is before them tonight. Normally, he would believe in the property owner's right to develop the property as he sees fit, but he didn't think the City would be wise in choosing this lower density since it is a central property in Cupertino. David Townsley, Danube Drive, said he was in favor of more small parks in the area. He said he often walks to work, and he feels Cupertino is a special place to live, but he will continue to live here only as long as the density bas not gotten out of control. The problems in the area lead him to believe that things are getting out of control. He said developer renderings and City staff reports are consistent that the 2.4 acre parcel was planned for open space in 1983. He expressed concern that the developer and City officials may be trying to take away what little open space remains in this highly developed area. It is still clear that the designation for this space is grass and trees. The amphitheater was originally intended for public use but is now private and can be sold off in the future by the developer. People who live in the City Center area have contributed millions of dollars in park fees but have no park in the area. He said it is hard to imagine an area more in need of some park and open space. There are enough plans for development and there is already a traffic problem. He requested that City officials keep the commitment to responsible controlled growth and recognize that the original plans should be upheld. October 2, 1995 Cupertino City Council Page 7 Dr. Francesca Verming, 10166 Danube Drive, urged Council to deny the application for a use permit for residential development and to redesignate the 2.41 acres as open space per the 1983 General Plan. She said Council needed to consider what is in the best interest for the City Center area and those who live there. She said there is a variety of housing options available in the area. She also said it was Council's obligation to represent the wishes and needs of their constituency to the best of their ability. Over thc years when the issue of building on this parcel has come before them, the neighbors have made it very clear that they do not want residential or commercial development on this site. Many of them had bought their townhomes and condos with the 1983 General Plan firmly in mind. She realized that not all of the current Council were serving when the designation was changed but Council has an obligation to rebuild the City Center neighbors' trust in Council and to reaffmn that their voices and wishes will be heard over those of land developers. Randy Schwartz, 10233 Nile Drive, said the biggest issue is that Prometheus transferred the fights to be able to increase the return on their investment in the towers. When they did that they gave up the rights to develop on that land and it was designated as open space. He said there is a tremendous amount of density and to add more capacity is counter to what is needed in the area. He described the traffic situation and said the 30-foot wall is unacceptable for those who live there now. He described difficulties they have had with the development. Mark La~zarini, 675 N. First Street, San Jose, Executive Director of the Building Industry Association of Northern California, said he was there to follow up on a letter sent on Sept. 27 expressing concerns that the City would choose to ignore a General Plan designation as having the overriding land use authority for this or any site. He said failure to do so would have enormous implications that would affect business and land use decisions statewide. He referred to a 1995 report from the Santa Clara Valley Manufacturing Group entitled, "Creating Quality Neighborhoods, Housing Solutions for Silicon Valley," and said this project addresses many of the concerns raised in the report. He asked that Council expedite approval of the application. Sally Larson, 10220 Danube Drive, said she was speaking to the emotional issue. She said they were lured to the area to fulfill the ideal of living close to the workplace, but the proposed project would create a ghetto. The area is not the dream that was shown on the artist's renderings when she bought the property, traffic is severely limited, and they are surrounded by an urban area that is not what they were promised. She said her land has devalued by $80,000 because of the poor construction and she is trapped. She asked them to think about what they are doing for those who live there now and for those who may be drawn to the 2.4 acre parcel which will not be the dream they will see in the artist's renderings. October 2, 1995 Cupertino City Council Page 8 - Scott Ward, representing the applicant, said they have no affiliation with the owner of the property other than a single option agreement with this particular piece of property. He referred to a document sent to them by the owners of the property regarding representations made about the future use of the property as far back as 1984. The document was transmitted to the developers of the adjacent properties. He did not know if that infom-mtion had been passed along to prospective buyers. He pointed out that they are providing a type of housing that does not exist in the town center area. He said the proposed buildings would be 25 ft. high and they will not build walls higher than allowed by ordinance. Koppel thought it was important to focus on the most recent General Plan and asked staff for clarification on the park issue. Parks and Recreation Director Steve Dowling said the Commission has not taken a position on this particular parcel. In the 1993 General Plan update, they discussed this and other similar properties in town and the existing General Plan said that no park shall be under 3.5 acres. He described the priorities considered in providing parks for an area. This particular parcel is in a neighborhood that has Wilson Park (10.4 acres) and Eaton School (5.98 acres) as open space. Under those priorities the triangle would not even qualify as a low priority for acquisition. The Commission did want flexibility to review any parcel based on the priorities. - Cowan said both the Parks and Recreation and Planning Commissions recommended that there be no public acquisition of open space in the corridor which includes the triangle site. Bumett said this is a basic issue of trust as to what was promised back in 1983. The development there right now makes this the most densely developed area in the City and more is coming in which will approach an overall FAR of 1.0 or more. The highest now is .37. He said ail the current residents have lost, and putting in this kind of density is bad for the community. If the General Plan made the change, he would favor amending it and would oppose the zoning change. Sorensen said she had heard about this triangle since she came on the Council six years ago. She agreed with the City Attorney's advice that they should be going with what developmem is allowed by the most recent General Plan. The minutes of previous meetings on the parcel indicate a great deal of public input. Bautista said the facts are ambiguous. He referred to a letter from the City dated July 26, 1983 which was apparently uncontested until now. He spoke about the history of transferring development rights within the city. His concern was the precedent being set by allowing development rights to be transferred and then finding another mechanism whereby development can occur. He felt that unless the developer is allowed to obtain density through a subsequent transfer, the parcel should remain without the additional density. He believed that in 1983 it was clear that the triangle was to remain open space per the transfer of October 2, 1995 Cupertino City Council Page 9 '- development rights and the City's letter, but the General Plan is ambiguous. The triangle parcel is not crosshatched in the drawing shown and is not included in the 300 units to be included in the General Plan. He said that while there are Council minutes that go to the issue of what height limits there should be on the triangle parcel, the issue of whether or not there should be development on the parcel was never discussed. It was not clear to him that they can say one way or the other what the Council in 1993 intended to do. Regardless of the facts, he had four points: 1. There is high degree of density already in the Town Center area; 2. Some of the open space in the neighborhood is private so there is really no open space for the apartments yet to be built and some of the adjoining residences; 3. There is a plan and policy in the Stevens Creek Specific Plan and an overriding policy which Dowiing recited that gives Council the authority to look at parcels that are less than 3 acres and consider them for additional open space; and 4. When ail considerations are baianced there is very little open space remaining in the entire area and Council should seek public input as to whether the Generai Plan should be amended or clarified. Overail he said he would vote in favor of conducting a public heating to look at the triangle parcel and decide what the General Plan says and what we ought to do as a city given the fact that there has been a lot of development in the area, Council has recently transferred additional development rights, densities are extremely high and there will soon be 120 additional units in the area with no public open space to accommodate those - residents. Kilian said he believed that the fact that the drawing didn't show residentiai units in the triangle area was an error as was indicated by Cowan. Other maps clearly show that lower heights would be allowed on that site. He said he thought Bantista would determine from listening to the tapes that Council did in fact taik about the development of that parcel. He said he thinks the facts are fairly clear that in 1993 Council considered that area for potential development. Council is free to change that by asking for a General Plan amendment, and recommended that any public hearing concerning the triangle piece that talks about not allowing development there would be in the context of a General Plan amendment. He said they could aiso put a moratorium on development there until it is finally determined ff the triangle parcel will be acquired by the City or what else it will be used for. City Manager Brown said there is no question in his mind that the City Council members at that time very clearly anticipated some kind of development on this parcel. He also said that Bautista's claim that there is no open space for the area does not comply with what Dowling had just presented. Dowiing added that areas such as the soccer field, the amphitheater and the library plaza are not included in their formula in considering public open space. Bautista said his point was that there is an overriding General Plan policy that says they can selectively purchase sites in areas. October 2, 1995 Cupertino City Council Page 10 Dean said there is a document that says they have a right to build there. The issue is they have a right to use the land because the document says so. Kilian said the solution is still in Council's hands. They have a right to change previous decisions now. He said this is a separate parcel and there are ~ttictures in place now that weren't in 1983 regarding government using its zoning powers in ways that are unreasonable. Bautista said the question is what are the consequences in tetras of fiscal impact but Council doesn't have the information now. Brown said the owner of the property said in 1992 they were willing to sell it to the City if they wanted it for open space and park. At that time Council did not deem this a priority for park and open space. This purchase is not in the capital financing program at this time. Koppel stated that Cupertino has more parks and open space per capita than any other of the 15 cities in the County, with the exception of Palo Alto, and people in the area have more open space than some other residents. She said there are all kinds of needs in the community and she felt Council has done a pretty fair job in taking care of parks and open space. Bautista said that to the extent that the City would need to give something up for this parcel, Council has approved in concept a transfer of development rights for the Apple World Headquarters building and there is some joint ownership. Therefore, he wouldn't want to rule out the possibility of some kind of agreement where in return for an actual project for the Apple site the property owners would be willing to give up a certain part of the economic value of the triangle site. Brown said that when the owners indicated they would sell the parcel they made it clear that it would be for value as a developable parcel. Bautista did not think Council can conclude tonight that there would be a fiscal impact on the City because the applicant can enter into an agreement that involves the other parcel. Burner talked about the concept of private open space. If there is to be such a thing in the commtmity there ought to be an effort to preserve it. He said he hoped the open space on the comer can be kept private open space. Koppel moved that the zoning be approved at 8-15 dwelling units per acre and that a Negative Declaration be approved. Cowan pointed out the ordinance in the packet that refers to low to medium density, which is 5-10 in the G-enerai Plan. The specific plan talked about 8-15. Sorensen moved to amend the motion to October 2, 1995 Cupertino City Council Page 11 specify 5-10 dwelling units per gross acre. Koppel seconded the amendment. The amended motion was carried 3-2, Bumett and Bautista dissenting. The Deputy City Clerk read the ordinance by title. Koppol moved to read ordinance 1701 by title only and that the reading would constitute the first reading thereof. The motion carried 4-1 with Bautista dissenting. Sorensen requested that the City Clerk add the specific density (5-10 dwelling units per gross acre) following the words "low density" wherever they appear in the ordinance. RECESS: 8:37-8:55 p.m. 19. Application No.(s) 1-DA-95 and 20-EA-95, Hewlett-Packard - Public hearing to consider the approval of a Development Agreement to pe, idt Hewlett-Packard or successor in interest, to construct new buildings and develop a master site plan based upon the entitlements contained in the City of Cupertino General Plan; site contains approximately 95 acres and is bounded by Homestead Road, Tantau Avenue, Pnmeridge Avenue, and Wolfe Road Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance No. 1702: "An Ordinance of the City Council of the City of Cupertino Approving Application 1-DA-95, Development Agreement Between the City of Cupertino and Hewlett-Packard, Inc." Cowan went over the outline shown in the overhead and presented the staff report. He said Bumett had raised a point regarding use of the tX;till Tier One. Tier One has to do with a method of allowing additional square footage if there is a Transportation Demand Management (TDM) program, etc. It's part of the Transportation Element of the General Plan. Cowan read proposed changes to the development agreement which would be used instead of the term Tier One, which has been assumed to mean base level entitlements. Kilian clarified for Council what the changes mean. This development agreement establishes a certain range of development which is the existing General Plan land use element. It does not establish what was previously known as the second tier. Although it's mentioned in the General Plan, this agreement does not guarantee H-P the 2 million square feet of development. However, it does not preclude them from applying later on, if there is still a Tier Two, if Council wishes to give it. He said the nsc of the term Tier One was technically inaccurate in this context because it refers to traffic. The developer is in agreement with the change. Kilian agreed with the Planning Commission recommendation that the portion of the table in Exhibit C labeled Tier Two should be removed. October 2, 1995 Cupertino City Council Page 12 - Cowan showed the chart in the Circulation Element that he and Burnett had discussed. Bumett said he thinks the General Plan should be amended to call trip discount a growth bonus since that's what it really is. Director of Public Works Viskovich talked about how the original square footage numbers in the General Plan were determined. Bumett said he would like to agendize a discussion of modifying the General Plan to make it consistent with the way the City is now doing development. Cowan said that redrafting the Development Intensity Manual will be considered soon by the Planning Commission and perhaps BurneR's concerns could be addressed at that time. Cowan completed the staff report and the chart labeled "Hewlett-Packard Development Agreement Discussion Points." Mamel Koren, Bay Area Real Estate Manager for Hewlett-Packard, 3000 Hanover Street, Palo Alto, said the development agreement is to provide stability in land use regulations and will benefit both the City and the property owner. It's purpose is to enable Cupertino and H-P to use the present Oeneral Plan and regulations as a long term framework of policies which will control innovation and buildout of the H-P campus in Cupertino. The General Plan was adopted in 1993 after intense public participation and was intended to be a 20-year basis for oftice/residentiai growth policy. This agreement protects Cupertino's basic planning consensus from uncertainty which may come along over the next several years. He said when H-P comes back with building plans Council will retain all discretion to regulate the size, location, height, design of the new building which they have now. For the purpose of applying land use policies the 1993 General Plan will be used. For financial purposes all fees payable at the time of their future use permit application will be payable at the future rates so no one else will subsidize H-P's buildouts. Mr. Koren spoke of the assurances both the City and H-P will receive under the agreement. He said they agreed with proposed changes to the agreement. He said it is only H-P's need for more than average planning stability that justifies the agreement. He said they understand the need for advance payment of fees for the first building. The exhibits and points noted in the staff report are all acceptable. Mr. Koren said they have no intention of transferring properties at this time, but economics can change and if needed they would like to reserve the right to transfer the property to other people with the same right. Burner talked about the benefits to the City and expressed concern regarding Tier Two growth. He saw no pressing need for the agreement and felt that approving it would set a bad precedent. Koppel said this is not setting a precedent and she was not willing to eliminate the Tier Two. Koppel moved to grant a Negative Declarative and Sorensen seconded. October 2, 1995 Cup~/no City Council Page 13 Bautista said that the agreement docs not lock in Tier Two. H-P has been a long- standing corporate citizen of the City and needs to be able to plan on a long term basis. He said thc agreement is a good arrangement for both parties. The motion to approve a Negativc Declaration carried 5-0. Koppel moved to approve Application 1-DA-95 per Planning Commission Rcs. 4642. Bautista moved to amend the motion to include the following amendments to thc development agreement: * Page 2: Paragraph D should read, "Owner has requested this Agreement in order to vest the land use policies established..." · Page 2: paragraph D, add this sentence: "Notwithstanding the above described, the "additional mitigated development" referenced in Policy 2-3 (footnote **) of 2,000,000 square feet is not vested pursuant to this agreement or otherwise. · Page 4: paragraph 1.1, Development Plan, second sentence shall read, ".. · provided, however, that future implementation of the Project will be subject to other discretionary approvals by City which would establish the precise density and intensity of use, the precise heights, locations, sizes of -- buildings, and traffic mitigation measures." · Page 5: paragraph 1.2, Present Right to Develop, delete "Tier One" from the first sentence· Replace the words "The 'Tier One'" with the word "These" at the beginning of the second sentence. Add to the second sentence, "but excluding the vesting of any portion of the 2,000,000 square feet of additional mitigated development as referenced in Policy 2- 3 (footnote **)." · Page 6: Add Section 1.5, Advance Payment of Construction Taxes and Fees, to read as follows: "In order to secure for City the economic benefits of new con,traction on the Property as early as is practicable, Owner shall pay to City, with thirty (30) days after the Effective Date, the sum (''Advance Payment") of $220,000. The Advance Payment shall be nonrefundable, and shall be applied as a non-interest bearing deposit against the total fees, taxes and other payments due from Owner to City upon Owner's applications (''Permit Applications") to demolish or construct new buildings on the Property. If the Advance Payment is less than the total fees due upon Owner's Pet-mit Applications, the amount of the Advance Payment shall be credited against the total payment due. If the Advance Payment is more than the fees due upon Owner's initial Permit Applications, the remainder of the Advance Payment shall be credited against the amounts due upon Owner's subsequent Permit _ Applications." October 2, 1995 Cupertino City Council Page 14 - · Exhibit C: Replace heading "Tier 1" with "Development Allocation Pursuant to General Plan Policy 2-3" and delete entire lower portion of table labeled "Tier 2." · Label exhibits as illustrative examples. Soreusen seconded and the motion carried 4-1 with Bumett dissenting. The Deputy City Clerk read the title of Ordinance No. 1702. Sorensen moved to read Ordinance 1702 by title only and that the Deputy City Clerk's reading would constitute the first reading thereof. Koppel seconded and the motion carried 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS 20. Discussion regarding a change to the meeting date related to Route 85 noise levels. Following discussion, Council agreed to meet at 7:00 p.m. on Wednesday, November 15 in Council Chamber. NEW BUSINESS 21. Review of bids and award of contract for Riviera Road Slide Repair, Project 96- 101. Director of Public Works Viskovich presented the staff report and answered questions regarding reimbursement. Koppel moved and Sorensen seconded to award the project to Lowery Engineering for its low bid of $109,930 and to authorize a 5% contingency of $5,500 for a total project of $115,430. The motion carried 5-0. 22. Review of bids and award of contract for Blackberry Farm Picnic Grounds Swimming Pool Renovation, Project 95-101. Director of Public Works Viskovich presented the staff report. Koppel moved and Sorensen seconded to award the project, including the waterslide, to Western Waterfeatures in the amount of $459,799 and to approve contingency for a total project of the budget amount of $475,000 which is a 3.3% contingency. The motion carried 5-0. 23. Approval of historical plaque design for Miller House on Phil Lane. October 2, 1995 Cupertino City Council Page 15 Director of Community Development Cowan presented the staff report. Koppel moved and Sorensen seconded to approve the design and procedure as recommended. The motion carried 5-0. Bautista suggested using complete sentences for the text on the plaque. WRITTEN COMMUNICATIONS - None. ORDINANCES 24. Second reading and enactment of Ordinance No, 1694: "An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 By Rezoning Approximately 1.97 Acres from RHS to RHS-10, Located at 1545 Upland Way and 11571 Upland Way, Application No. 6-Z-95." The Deputy City Clerk read the ordinance by rifle. Koppel moved and Bautista seconded to read Ordinance 1694 by rifle only and that the Deputy City Clerk's reading would constitute the second reading thereof. The motion carried 5-0. Koppel moved and Sorensen seconded to enact the ordinance. The morion carded 5-0. 25. Second reading and enactment Of Ordinance No. 1699: "An Ordinance of the _ City Council Of The City Of Cupertino Adopting The Stevens Creek Boulevard Specific Plan (The Heart Of The City) Which Encompasses Incorporated and Unincorporated Property On Or Adjacent to Stevens Creek Boulevard Between Highway 85 and the Eastern City Limits (Application No. 81,152)." Director of Community Development Cowan presented the staff report. He said based on the earlier vote on the rezoning of the triangle parcel (Item 18) he assumed Council wanted to include that parcel in the ordinance at 5-10 dwelling units per gross acre. Burnett referred to the height limitation of three floors or 36 feet and said he preferred having the height specific. Council members agreed. Burner asked staff to check the wording in the ordinance regarding fences and to make it clear that a hedge was required along the public right of way. Regarding signage in the right of way, Cowan said staff would be coming back with cleanup language. Burnett said he would vote against the ordinance because it includes the Apple World Headquarters Building which transfers in another 50,000 sq. ft. of growth which is above that considered in the General Plan. He said he doesn't like the fact that the building would be adjacent to apartments and higher than they are. The Deputy City Clerk read Ordinance 1699 by rifle. Koppel moved and Sorensen seconded to read the ordinance by rifle only and that the Deputy City October 2, 1995 Cup~ino City Council Page 16 Clerk's reading would constitute the second reading thereofi The motion carried 4-1 with Burner dissenfmg. Koppel moved and Sorensen seconded to enact Ordinance 1699. The motion carried 4-1 with Burner dissenting. RESOLUTIONS - None. STAFF REPORTS - None. COUNCIL REPORTS Koppd talked about the Supreme Court decision regarding Measure A and said staff has been directed to come back with options as to how this might be pursued. Kilian said he had provided Council with a complete opinion of the Supreme Court and it does affect cities. He said it was unlikely to affect taxes and fees already in place in Cupertino because the statute of limitations has run out on them. Koppel asked if anyone was interested in serving on the Santa Clara County Cities Association Hazardous Materials Advisory Committee until June 30, 1998. Sorensen said she would like to be reappointed to the Emergency Medical Care Committee. Koppel talked about representation on the West Valley Cities Congestion Management Program. Council agreed with her recommendation, which was to have the representative of the West Valley Cities serve a long enough term so they can become chair of the board. Koppel reported that CalTrans has agreed to remove the HOV lane on 280 northbound from 85 to Magdalena and to put in an additional exit lane onto Foothill. She said they would be working on a policy for the "living logo" program. Koppel reported on the 40th anniversary celebration coming up this weekend. Burnett said all the flood control advisory committees will be meeting to go over the results of a survey as to whether people would support a tax measure to continue flood control activities. CLOSED SESSION Kilian announced that Council would meet in dosed session regarding labor negotiations pursuant to Government Code Section 54957.6 for a conference with the labor negotiator regarding a salary survey. October 2, 1995 Cupertino City Council Page 17 At 10:02 p.m. Council adjourned to a closed session. At 10:15 p.m. they reconvened in Council Chamber and the City Attorney reported that no action had been taken in closed session. At 10:16 p.m. the meeting was adjourned to 6:00 p.m., Monday, October 16 for a joint meeting with the Affordable Housing Committee prior to the regular meeting at 6:45 p.m. Deputy City Clerk t. ..' f ,i' 4 4 ...- S i��A;Y.',:::, ...,1 l'",;. S'i t x :14 V ,',V.' wm .aa2...y.aaai<1c.1�ka.... ..,..... ...v , u,. ..,..z..:a. ,.n...,.v.... _... ..s-_ ',,.,1,.,,,•,',.....',,. ..,. _ .,a..a..l.:�..w.:.s....t+....d.:,:}n.,.w,1u�'_:� ;°A. yYF.Y '.af�1,T.:v f.i.-'l:Kr. �tAf'. is r7 ;..,4S.t • "': NIINUTI,S ``' Cupertino City ('ouncil '4: 7. ' Regular -Adjourned N-lccting Septcnit- r 18, I 995 12(11.1, (':A 1.1. Council members present: Don Burnett, Barbara Koppel, and \Nall\' Dean. Council members ., '' absent: John Bautista and I auralec Sorensen. •w' Stall'present: City Clerk Kimberly Smith. I cl'l:Rd'IF.Ws OF (':ANi)II)A'1'l'S F()12 FINE AR'T'S ('ONlMMISSION �' ' C'andidate JoAnn Barney \\;is not able to attend the interviews. Council interviewed Rita Young and Linda 'i oda. and selected Nis. Young, to fill the remaining term on the Fine Arts RY`. Commission. .r. At 6:40 p.m., ('ouncil recessed, and reconvened in he Council Chambers at 6:45 p.m. 1'l..I':I)(;F OF ALLEGIANCE ',: At 6:45 p.nl. Mayor Dean called the meeting to ord r and led the pledge of allegiance. q. ' ROLL ('ALL ;v' Council members present: John Bautista, Don 3urnett, Barbara Koppel. and Wally Dean. ,'k' Council members absent: I.auralee Sorensen. Stall present: Acting City Manager Bert Viskovich, ('ity Attorney Charles Kilian; City Clerk Kimberly Smith; Administrative Services Director ..'arol Atwood; C'ommuruty Development Director Bob Cowan: Parks and Recreation Director Steve Dowling; and Public Information ()Bice Donna Krev. ,',. I'OS'I1'ONE 1EN'fti Dean announced that the applicants had requested continuances for Items 21 and 23 to October 116. OR.A1. ('OdiML N1('A'I'IONS ,, NIr. F:ugene l lumen, a municipal judge in the Santa Clara County Municipal Court, distributed copies or an article he had \Mitten !or the San Jose ;Nlereur\ News on Jul\' 23 regarding domestic i'` violence. Ile said they \\crc trying to approach this issue in a systematic and a systemic was'. Ile .;aid that all cities had been requested to send a 1-\e-person team to a conference on domestic :'''.......'......-'-i. ..•'.„,. +: 7 j i, t ∎',yI .' ." , ,',.•,:j.',.,is 5 ,.■`a! 'o►•: R i f t 0.,` f 1,4:1 S .$t dr4 5 r a y' r i r 1p x y >< • � } * �`�''�`" ��l; � �"�'�`'+�i;f�r�K.�u1 ��i'',i" M�, ...'�"e *"+i'; <. i ' y ,�� _ .As.»-! .�.a4 t�:ii.�_ "'x�vA 4i. :,,• h. 9`.'�9�x�, Z'''''' ;' ,. Je.H d J-1:::`,::° £'� I a A ,._;m�.,..v�G+....._ e, �.� ,�,;ta,�a +4K'fir.?t!Lud..�c.. ., . .t. .. . . ..a. ._ t jay Mi ,SC .f kR.'.,tis'� +4 . a ,� 'l . , q y11, T ' 't i ` * * { � ti a, ; y b F e. fir rp 4 ' G` a-� \" E . ;: i Y .,''.. rAxY 'y+ ' September 18, 199; ('upertirto Cit'• Council Pagel `; violence. the Public Information Officer ficer said that :'ouncil member Sorensen would be attending • on behalf of the C'rty. along with representatives ;ront Cupertino Community Services and the °: Sheriff's department. CONSENT CAI,I?NI):1RR • Bautista moved to approve the items on the consent calendar, with the exception of item No. 12 ∎%hich. was pulled at the request of Burnett. Burnett seconded. and the motion carried 4-O 'with Sorensen absent. '4 I. Resolution No. 9430: Accounts Payable, September 1, 1995. 1 Resolution No. 9431: Accounts Payable. September 8, 1995. `i • 3. Resolution No. 9432: Pay'r'oll, September 8, 1995. 4. Resolution No. 9433: Approving change order for Slurry Seal, Project 95-102. 5. Resolution No. 9434. Accepting quitclaim deed and authorization for underground water rights front Pasur S. Sengottaivan and Norma I.. Sengottaivait: APN 357-02-058, 10250 Palo Vista Road. 6. Resolution No. 9435: Authorizing execution of improvement agreement between the city and Yeshwant Niehta: Northwest Corner of('range Avenue and Dolores Avenue. 7. r Resolution No. )436 Accepting grant of easement for roadway purposes from Nitin R. Parekh & Alka N. Parekh and Yeshwant \lehta & Ila Y. Nlebta: APN 357-14-022, Dolores Avenue and Orange Avenue. S. Resolution No. 9437: Accepting quitclaim deed and authorization for underground water rights from Nitin R. Parekh and Alka N. Parekh and Ycshwant 1\'lehta & (la Y. N'lehta: .\PN 357-14-022, Dolores Avenue & Orange Avenue. 9. Resolution No. 9438: Accepting quitclaim deed and authorization for underground water rights from Raymond .1. Lewis and Kay ,\ Lewis; APN 342-14-087, 10181 Camino Vista. • 10. Resolution No. 9439: Approving change order for handicap Ramps with Wheelchair Detectors, Project No. 95-107. 11. Resolution No. 9-140: ;\ppro■inf_ parcel map and improvement plans of property located it Alcalde Road at foothill Blvd.: Developer, 1•: & I1 Partnership. • 13. Minutes of the regular adjourned meetings of September- 5 and 6, 1995. (The City Clerk amended page 1 of the September 6 minutes regarding hoppers comment about the triangle property). t 4. , �.•, , ' t r 3 '.� rte'; Iy /t.Y r .. ...:i a d t t � , tip°tx t' ' '.n`.+11, ..^i d., _ .....�.., .>............. _...r......._. ,......-.._.,...r.......r..-..,r.+.A.�c,l....«,�..aa.eawnr:vilnu,ira5itii .. ti. ° : •!' . Qo-`w7, � :` • September 18, 1995 (.'upertino City Council Page 3 i. ,:. 14. Resolution No. 9442.: Amending tileriorandunt of understanding with Cupertino ., . Employees ees Associ:.:tion. ! f 15. Resolution No. 944 : Declaring, intention to order vacation of a public utility easement at 19140 Stevens ('reek Boulevard and lixin�e time and place for hearing J tot z 16. Review of application for Alcoholic Iie\crage and Control License, 1 lamasushi, Inc. ' .�r _0031) Ste v ens Creek Boiilev aid. Y 1:, 5 ti f -- Vote Members ofthe (.'it\ (Trine l N F AY1:S: Bautista, Burnett, Dean. and Koppel. P NOI:. '• None {. ;` ABSENT: Sorensen. ABSTAIN: None p ITEMS REMOVED FROM THE CONSENT CALENDAR :1•�.ti ;; 12. Resolution No. 9441: Authorizing execution of agreement with Beals Landscape r Architecture (ur design services for ('reekside Park. Burnett asked for clarification on the C'reekside Park architectural design. The Public Works Director said they hope to receive ., S70,000 grant, and will have about a year to use the money. '1 he Parks and Recreation Director said that the architect has been told that the bridge should be the first item addressed. Plans should he ready for hid in August of 1996 and construction is estimated to take 9 months, depending upon the scope of the building. P.imett moved to approve the s.af•f recommendation. Bautista seconded and "t" the motion carried 4-0 \yitlt Sorensen absent. 1,... l PUMA(' I1EARIN(;S i J, `?'` 17. Appeal of Planning Commission approval of Application 9-(1-94 (Mod.), Charles O. ';' lorge'Lileen Hutchins, ('o-Trustees. The application is a request for approval of modification of use permit to allow for an administrative approval of a minor change in a -` project in accordance with Chapter 19.132 of the Cupertino Municipal Code, specifically :'` changes to the front setback and the addition of security gates. The project is located at 20691 Homestead Road. (Council member I)on Burnett, appellant). 1-' The Community Development Director re\iewed the stall report and said that both the V. Sherifl-s Office and the Fire Marshall have indicated that security gates were acceptable j,.: if-there were an override for emergency vehicle access. lie added that the General Plan policy No. 6-17 di.-,couragcs private residential entry gates. rr` • Burnett said that he was the appellant on this item, and the only two changes he objected .g:' to were the reduction in setbacks and the entry gates. lie ie said that changing the setbacks s. would he a loss of public space and \youlcf place the buildings too close to the street. • 41' Cr, u'. aF 'S : tom. , September IS, 199' Cupertino City Council P. -., Page t S' Also, there is no real evidence that gates reduce the crime rate, and they do change the �:..: character of the community. R.;tY, The Community 1)eyelopment. Director reviewed the proposed changes in setbacks, "�' which would reduce them by 5 to 10 feet. '`',' Nits. Jim Sisk, representing the applicant, said he did not intend to mislead the Council about his representation of the changes. IIe felt these were minor changes, and even though the setbacks would be reduced there is still more open space from the fenced area `" to the sidewalk, and then to the street. The fences will be transparent but will provide some safety to children in the development by protecting 1 ( them from a busy street. q. Nfr. Brett Cottong, the landscape architect. said many developers are now adding fences and gates because one of the biggest couerns is automobile break-ins. lie showed a #1. drawing of the street layout and existing setbacks, and said they were design for a three- story complex which has now been reduced to two stories. Mr. Edward Nlurlow, a resident of the Countrywood development, asked for clarification on the number of units proposed and how many ears would be able to enter the gate at t. g I one trine. „.. os Mr. Sisk said the request was lur 196 units. The gate had not been designed yet, but it would be a .,iiding gate with a stacking area Ibr 5 cars, and the timing on it could be adjusted for one or more cars • • Bautista moved and 13urnett seconded to uphold the appeal regarding setbacks. The developer will not be permitted to reduce the setbacks. Motion carried 4-0 with Sorensen absent. Dean said if this case were precedent-setting regarding gates, he would be more concerned, but there are already 3 developments in the city that have them. • Bautista moved and Koppel seconded to d,ny the appeal regarding the security gates. The developer will be permitted to install `gates. Motion carried 3-1 with Burnett voting •.- no and Sorensen absent. IS. Public hearing to consider cancellation of Williamson Act Contract No. 71-907; Otis F. and Muriel N. Forge, 20691 I lon:estead Road. (Continued from September 5, 1995.) • (a) Resolution No. 9422: Nlaking certain findings required by the California .t I•.nvironmental Quality Act in conneci ion with the cancellation of a Williamson Act contract relating, to real property and adopting a negative declaration thereof; . .:::. Charles O. Forge and Hleen I lutchins, ('o-Trustees (Otis F. and Muriel N. Forge), . • Land Conservation Contract No. 71-°;)7. „,.. ..... . • .,...„.. :....: ...'•a u,,4:.•s;. #i.s ty ;0",;45 4;„4. .4,14 r,•∎•:4::�`"c: f',,,o,4x, ,:., -.t, .. . • ^;lc .sf r >;t.` .. t .t •ail {'t�r1Y,+a 'y 44 t� . y;�'. • • yt� 4�$1`Fd,� �.j 3�` T�„'5 5,* � �. �. � � .; . s`. q�'.�k ''.,�^ �it tiS`hi��'f� �.' ,,`y�,,•�yr �'y}A.��{µ y���I''' �:°� rb M,�q1 ,,ffaaL.� Lr ,$ ") ii. S 4 '� :a. x yR' . w4 h `.i"TiA•�.7''/ i'ai1,.:rt`�r. ,t'.'. { "drYNliisai° <. .¢iia�.iY.�":>• u°Lt♦�.'�.,.+..r+-r'�.4. .,._M i...L`.w k.:........-,:�.3fa-.ntY 4..._sCul..�^:. ,.}- ...1 'cM1•...'rLiii''.IWRi • September 18. 1995 Cupertino City Council Page 5 `: (b) Resolution No. 9423: Certifying to the County Auditor of Santa Clara County the tnnount of cancellation tees to he paid upon cancellation of a land conservation contract. giving tentative approval to such cancellation. prescribing conditions upon which this resolution will be effective, directing the clerk to record a certificate relating to such ccuteelliition fee when resolution is effective, requiring payment in lull of cancellation tee prior to the cancellation becoming effective; and prescribing other conditions in connection therewith; Charles O. Forge and Eileen Hutchins, Co-trustees (Otis F. and Muriel N. Forge), Land Conservation stir. Contract No. 71-91)7. `•;' Koppel moved and Bautista seconded to adopt Resolution No. 9422. Motion carried 4-0 with Sorensen absent. Bautista moved and Burnett seconded to adopt Resolution No. 9423. Motion carried 4-0 with Sorensen absent. 19. Applications 3-l'N1-95, 6-7-95 and 11-.',A-95 - Marguerite V. Roberts and Blanche Grose/Leroy (,rose Trustee - Tentative Val) to subdivide two parcels totaling 1.97 acres into six parcels: rezoning to assign a minimum lot size (10.000 sq. lt.). The project is located at 11545 and 11571 Upland Way. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from Sept. 5, 1995). (a) First reading of Ordinance. No. 1694: "An Ordinance of the City Council of the City of Cupertino Amending Section I of Ordinance No. 2 By Rezoning Approximately 1.97 Acres from RiIS to RIIS10. Located at 1545 Upland Way and 11571 Upland Way, Application No. 6-Z-95.- Bautista asked whether this development should tall under the hillside ordinance and not be subdivided. The Community Development Director said that the General Plan sets forth a transition are:\ between the boundaries of RI and RI IS along Upland Way, and this particular transition is consistent with the General Plan. Mrs. Roberts. a resident of Upland C'our:, discussed how she had seen the surroundlNG countryside change and the impacts that had on the views from her home. She said that property owners should be allowed to develop as they wished, within guidelines, and she expressed her support for this particular development. N1r. Charles Vee, 11591) Upland Way, thanked Burnett, the developer, and other individuals who had been instrumental in facilitating discussions about this project. The developer had been open to the neighbors concerns and most were addressed. Ile V expressed his support for this project. ` .• y r'''s '' . ' r:- , f . uE E 4i, '�0 0„t`S.. 1,t,iii ,.. ".L..L.._.�.,„.,„F.+a..: ,,,:.,...,.2....L t ' F,' 10'°4.' ti !N-.. jai,i.w t v.;1 .,,�y< . s ... u+.N.:.,...._....w..,............+u..,.nu�..'a�e2j., rddwo-..— '�A.rig: ''.11 y w• M1 , Y. , s , Y'•< September 18, 1995 Cupertino City itv Council Page 6 N1r. Michael Picetti. 7565 Bollinger Rcad. said , developing i 12; would t c de�•eluping the northern parcel on t Ipland \'g:ay. Ile discussed the location ofa cedar tree which would impact the :grading: of the property and reduce the amount of land on which there could be ::'.,; construction. Ile offered to plant replacement trees at other sites if the cedar could be rY.. removed. ` ' T he Community Development Director said that cedars were not normally protected and ''.:• ' this one was not eery large. Mrs. Roherb; added that the roots were exposed and the tree wr had almost died several times. :,;: Koppel moved and Burnett seconded to L rant a negative declaration. Motion carried 4-0 ” ' vwith Sorensen absent. Yf., Bautista moved and Koppel seconded to approve Application No. 6-7-95 per Plannirgz ° Commission Resolution No. -+622. Nlotior carried 4-0 with Sorensen absent. ff' k; ,l. The City Clerk read the title of the ordinance. Burnett moved and Koppel seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the '� first reading thereof: Motion carried 1-0 NNith Sorensen absent. Bautista moved and Koppel seconded to approve Application No. 3-TM-95 per Planning Commission Resolution No. 4621, and in Condition No. 2, to delete the reference to the :( I 0-inch cedar and require two 24-inch replacement trees. 20. Resolution No. 9444 Ordering street name change within the City of Cupertino pursuant to Section 5026 of the Streets and I ligiiways Code. State of California: change Saratoga/Sunnyvale Road to South DeAnza Boulevard for the segment of the street located from Route 55 freeway to Prospect Avenue. Koppel moved and Burnett seconded to adopt Resolution No. 9444. Motion carried 4-0 i.: with Sorensen absent. 2 1. Public h;arimg to consider appeal of Plannilg Commission denial of Application 5-EXC- t `« 94 (Modification) (Cat} Queen, Korn berg Associates, applicant/appellant) which requested amendment to the condition of approval requiring a sanitary sewage system for I a project located at 22830 San Juan Road. (Continued from September 5. 1995; applicant requests cutatinu; ue.a This item was continued to October 16. G s Public hearing to consider an application for a bingo permit submitted by Northern ;. California Community foundation, Inc. (Continued from September 5, 1995.) Mr. Jim Callahan, Director of the foundation, said that the bingo games were a fund- maising project. The YNIC'A would provide space, and the foundation would pay them rent as well as part of the proceeds. All members of the board were volunteers, they were { s. Tj t +� k*; d Rv r i .b.u,..Bf:.HI .er..,..i,.....w,h:S..h,,...._.:.n...�_...�a.....a.. .. ,.._... .._.....,�.,......_.....w.;..:s...-....,..........0 •rte } �• ";+�' 'R� } 4.s7F1 - • ;.' • September 18, 1995 Cupertino City Council Page 7 active in charitable oreaniratio;hs and they inelu('ed two catholic priests, an attorney, a • banker. and himselt. t'' Koppel expressed concern that this was a new toundation with no track record, and all of the members were out of tow n. _,'4(', Nir. Callahan said that he was familiar with the Cupertino YMCA, and it was centrally located for their members who came f•rurh San Francisco,ncisco, Burlingame, Menlo Park, and Watsonville. It would be a very small game but the rent was !ow and would attract residents from communities outside of Cupertino to help bring funds to the YMCA. lie said they would have to invest in some equipment, and there was no guarantee that it would even he earned back. l hey had conformed with the requirements of the municipal code. They anticipated there would he fewer than 200 people in attendance at each game. and they would then fund certain events at the YMCA with a grant, scheduled to begin in November 1996, The touadation has been in existence for about a year and has been developing an access directory for charities on the Internet. Burnett said he shared Koppel's concerns The description of the foundation's activities is vague and there is no indication where the money will be spent. The City Attorney said that the Council may refuse this application if it is injurious to the health, safety, \yelfare, or morals of the community, or if it is not in compliance with the Municipal Code. Ile said if Council finds that the information submitted was inadequate, they are entitled to make further inquiries or to deny the project. I?ean said he had run bingo games for lour years and it was a difficult job even to get enough money to pay prizes. Bautista said that Council needed more information because this is not an established charity. Mr. Callahan said he did not know what o.her information to provide. lie explained that they have the same charitable status as a boy scout troop or a church. • I Koppel said there was not sufficient inforrration about how much money would come to this community. Koppel moved to deny the application. Burnett seconded and the motion carried 3-1 with Dean voting no and Sorensen absent. 23. Application No.(s) 2-GPA-95 and IS-FA-05 - Citation Homes Central - General Plan Amendment to change the land use designation from 20-35 to 10-20 dwelling units per • gross acre. The project is located at the southeast corner of De Anza Boulevard and I iomestead Road. (Continued from Septen'ber 5, 1995; applicant requests continuance to October 16, i 1 5.) This item was continued to October 16. • ra.•d.. ..:.•.• ' ,,. . .;yam �. .. Jr era.. _ .w. .. . . %k L 7�f gCrl ':•ti 4 °f 1 4 . : 2 - ' to ,. 1 E A r° t*4 41 �R j-F ~•t ! . .r • 4 '-','-'1'''''*`'' Y..,' a:- t w V 7't' 1 n '� m , A u x y L '' X:t'� S ♦ 4 .y- V.4:Y� , t . .• 1: t Y ,. , ri;':'A , . fra L:9a ` w .XS, r t.�. v ti . r t: s t r C'u�ertino City C mneil Page 8 , September 1 ;. 1995 i UNFINISHED BUSINESS 24. Resolution No. 9446: Authorir.ing execution of Implementation Agreement for transit . shelter advertising program Between the City of upertino, the County of Santa Clara and Cities of San Jose, Sunnyvale. Santa Clara, Palo Alto, Nlountain View, Milpitas Gilroy. ... Campbell, Nlorgan I fill and l.os Altos. Ms. Linda \Va;.;eoner from the 'transit Authority said that Council had been given a list of comments and endorsements front other cities and they were mostly positive. She said it ;t' would be approximately 5500 more per shelter for a custom design, and showed two samples of styles with a domed roof and a pyramid roof. She also discussed their commitment about graffiti abatement and m.:intenance, and alternatives being tested for graffiti-resistant coatings, paints, and screens. Bautista asked that Section 6C specifically refer to the word "graffiti." Mullett moved and Koppel seconded to adopt Resolution No. 9446. Motion carried 4-0 j with Sorensen absent. NEWS" BUSINESS 25. Discussion whether to consider amending Cupertino Municipal Code Section 13.04.180 • to allow food and beverage concessions in Memorial Park. Council had received a copy of electronic communications from John 1-lagen regarding garbage i.:cncrated by sales of items other than ice cream and beverages. Mr. John Morgan of John's Superdogs said that 5%-10% o.f his business is from people who buy lunch to take to the park. Ile said there is already a concession stand which is now used for storage, and if it were well-run it could bring in $10,000-$20,000 in revenue for the City. • Koppel moved to investigate options and bring proposals to th;_ Council. Dean asked that the issue of garbage be reviewed too. Burnett seconded and the motion carried 4-0 with • Sorensen absent. 'r: 26. Discussion regarding meeting date related to Route 85 noise levels. �:.. Ms. Ardith \Vest said that she had told a neighbor of her intention to ask Council for a hearing on this matter, and the neighbor had created and distributed over 300 flyers • saving there was a meeting on the topic at the Council meeting of September 5, as even as sending a letter to the Courier. Dean said :hat Council had not been aware those people were coming last week. but they had agreed to schedule a meeting for this topic. .:3.,'•.' Ms. West reported on the progress of meetings with Caltrans and the Transit Authority in meetings with Saratoga and representatives of the legislature. r.r ,t 2 ' z • `-7��.r'`-`�+ � �•R�' }~ �r'l7R.tt�i,a• • September 18, 1995 Cupertino City Council Page 9 • Council concurred to discuss this topic at a meeting on Tuesday, October 17, at 7:00 p.m. in the Council Chambers. The Public 'Works Director said this is a big issue because of the money involved and it would he imporLant to get all involved parties to participate. [he City will he able to lend support but it will be the other agencies who must address • the issues. 27. Resolution No. 9447: Supporting the League of California Cities' resolution on sales tax redistribution to increase the amount received by cities to 2%. Koppel said on the surface this appears to be a positive bill, but someone would be hurt because it was simply a shifting of funds. Burnett agreed this was an optimistic bill, but there were other problems with the State as a whole and this did not help. Koppel moved to take no action. Burnett seconded and the motion carried 4-1 with Sorensen absent. 28. Ordinance No. 1700: "An Ordinance of the City Council of the City of Cupertino Establishing, a 90-day Moratorium upon the Issuance of Any New License or Permit Issued Under the Authority of Chapter 9.06 of the Cupertino Municipal Code (Massage ile Urgency Thereof- The Establishments and Services) and 1)eclari��` ,��.. ,r�_..�, City Attorney said the adoption of this ordinance would allow time for the City to examine its ordinance and bring it into similarity with neighboring cities. The urgency ordinance would be effective immediately. 1 l indicated that the Sheriff's Office had +` • warned that there would be an influx of requests unless the ordinance were revamped • because it was weaker than those of other cities. • 'The City Clerk read the title of the ordinance. Koppel moved and Burnett seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the only reading thereof. Burnett moved and Koppel seconded to enact Ordinance 1700. • Motion carried 4-0 with Sorensen absent. • • ORIANANCES • 29. Second reading and enactment of Ordinance No. 1695: "An Ordinance of the City • Council of the City of Cupertino Amending Condition No. 4 of Application No. 2-Z-94 to Modify the Bonding Requirement Relate] to Tree Protection (Application 2-Z-94 (Nloditied)-19340 Phil Lane.)" Burnett showed the Council numbers photographs of a dump truck on the site. l le then abstained from participation on this item because he lives nearby, and stepped down from the dais. The Public Works Director said the issue of debris on the lot is separate from this item. • • The City Clerk read the title of the ordinance. Koppel moved and Bautista seconded to read the ordinance by title only, and that the City C'lerk's reading would constitute the second reading thereof. Motion carried 5-0. �' :. ; t , 5a^i;, `"i sA,`Fv 'jr his :4 ti. ..%,:ii,42A11i ...u,t..�..r:^ u1...;u....u......,..._v...,._...,,,,,,L,....., ,„:,n.1.,.,.3:,1. ..,..:, . .w,..S121,1; t�.,:..,.. .. .,wrii^.uw:, , , e}A:, `;R#.^'• `. Fw ;is>'A 7 i !".-• ''•1' 4. ' .� ti';• ,,'; • - September 18, 1995 Cupertino City Council Page 10 Koppel moved and Bautista seconded to e tact Ordinance No 1697. Motion can-ied 3-0 with Burnett abstaining and Sorensen absent. f`: 30. Second reading and enactment of Ordinance No. 1697: "An Ordinance of the City, Council of the City of Cupertino, Amending Title One (General Provisions) and Title Two (Administration and Personnel) of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the ode to the Requirements of State and Federal Law, `. C'ontorntinr the Provisions of the Code to be Consistent with Present City Practices, a . Fliminatin�r Redundant and Obsolete Provisions, Clarifying Old Provisions with New Language, and Consolidating.and Streamlinin, Various Provisions."" The City Clerk read the title of the ordinance. Koppel moved and Burnett seconded to 4..; read the ordinance by title only. and that the City Clerk's reading would constitute the second reading t!lereof. Motion carried 4-0 ,with Sorensen absent, Koppel moved and Burnett seconded to enact Ordinance No. 1697. Motion carried 4-0 with Sorensen absent. Y • 31. Second reading and enactment of Ordinance No. 1698: "An Ordinance of the City • • • Council of the City of Cupertino Ame din`.; Section 11 20.020 of the Cupertino ` Municipal Code Relating to Establishment of Vehicular Stop and Section 11.20.030 All .,, 0 I)irectional Vehicular Stop Required at Cenain Intersections to Include Blue Jay Drive at the Intersection of-Northwest Square.” The City Clerk read the title of the ordinance. Burnett moved and Koppel seconded to read the ordinance by title only, and that fie City C'lerk's reading would constitute the ..• second reading thereof. Motion carried 4-0 with Sorensen absent. • Burnett moved and Koppel seconded to enact Ordinance No. 1698. Motion carried 4-0 • • with Sorensen absent. • • COIINC'IL REPORTS • Koppel said that effccti•,e June 1, 1996, there will he a state mandate to sell reformulated gasoline, which will cost an extra 10-15 cents per gallon. This will reduce benzine by -10 which is the No. 1 toxic substance produced by automobiles. She also reported on the successful sign-ups for Spare the Air Day. . , Koppel asked that Code Enforcement follow tip on a written complaint she had received about the quality of the Oaks 'Theater. The interior has deteriorated, there are broken seats, etc. The Public Information Officer reported that a secor..d electronic communication had been received from "Mr. Mustard", John Hagen (the earlier message was received prior to the meeting and was distributed as written communications). Ile said he was thankful that • • .11,.;�^a •,?. •' ,'.-;t.:7 ...ly,rE'n';,L✓ ,,. .i, rxa.7.,.,'f s.,. ..• t\'. .. . , .. . September 18, 1995 Cupertino City Council i'agc 11 s. the City will investigate vending in the park, and th:re would be less garbage if only ice cream and drinks were sold. lean said that Council had been invited to participate in a law enforcement clinic on the I leidi Klass case and how cities can respond in emergencies. ('LOSE() SESSION • At 8:40 p.m., Council recessed to a closed session in Conference Room A to discuss significant exposure to litigation (Go\eminent Code Section 54956 9(b) (1 ) - Potential suit by City of Los Altos regarding Diocese property. 1t 8:52 p.m.. Council reconvened in open session. The City Attorney said that lie had been directed to respond confidentially to a letter from the Los Altos City Attorney dated September 15. 1995 The letter :s to remain private. AV)JO11RNN111;N"1' At 8:53 p.m. Council concurred to adjourn. / % 3 1�'r� 4 ,G ,, JCS///� l Z Kimber,‹Sinith ® City Clerk . • • • • _ . ....... . .. . ..:. .... ..... . .„..„ . . ,. .... .. ...,...„.... y, ..-7.;,.. ......... ..„ . .........:, , , ..,..,:::„... .,.. .. ,...,. .... .......,.. ,.. .. ......, ... . . . .. . ... .....,. .. . . ... .... ...: .. ...., - ... ....-,. ., . ... :'� ; ' r `+'�t F'i F \t �t 1 M1 i et h9 4 .. ` .av^....4 ti 4,4 r. 1O. n :i;l tix.' • .• ..1,. .4' .