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CC 12-06-99 MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, December 6, 1999 ROLL CALL City Council members present: Mayor John Station, Vice-Mayor Sandra James, and Council members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Bob Cowan, Human Resources Officer Bill Woska Parks and Recreation Director Steve Dowling, Public Information Officer Donna Krey, Public Works Director Bert Viskovich, and City Clerk Kimberly Smith. CEREMONIAL .MATTERS - PRESENTATIONS Mayor Station welcomed Boy Scout Troop No. 476. He also noted that this was the last Council meeting for Bob Cowan, who was retiring as Community Development Director after 30 years with the city, and commended him on his service to the community. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Ms. Sessica Rose, 10410 Ann Arbor Avenue, submitted an infoLlhal petition in support of annexation of the Garden Gate neighborhood, and requested that the city and county provide community forums to educate the citizens about the process. Mr. Ed Conens, 10480 P/neville Avenue, said that he was opposed to spending money on a new library, although modernization of the exist/ne library was appropriate.. He also remarked on December 7, Pearl Harbor Day, and asked that Council support a memorial to be built in Washington D.C. Ms. Anna Polman-Black asked about the status of an over-cross/ng on Mary Avenue, as well as the possibility that access to Highway 85 from Stevens Creek Boulevard may be re-muted. Public Works Director Bert Viskovich said that the Bicycle-Pedestrian Col~mltiee's master plan shows a bicycle and pedestrian over-crossing, and they will try to get that/ncluded on a regional list. Before that happens they will work with the neighborhoods. However, there will be no vehicular over-crossing. Floyd Meyer, 10186 Westacres Drive, commented on the demonstrations taking place in Seattle about the World Trade Convention activities. He also mentioned traffic c'uculation problems on McClellan and Boll/nger Roads. Deceml~er ~, 1 {){)~) (~upertlno City Council Page 2 ~CESS At 7:00 p.m. ~e Cup~o Ci~ Co~cil ~ess~, ~d ~nv~ed ~ ~e R~elopm~t Ag~cy. At 7:02 p.m. ~e Co~cil m~g ~onv~ed. CONSE~ C~END~ J~es moved to approve ~e items on ~e cons~t c~ ~ p~s~t~, ~ ~e exc~fion of No. 10 ~at w~ pull~ for ~ ~scussion. C~g s~ond~ ~d ~e motion c~ 5-0. 1. M~utes: Nove~ib~ 15 ~ mee~g, ~d Nov~b~ 17 ~d Nov~b~ 19 ~1~ Mjo~ me~ngs. 2. Accosts payable: Novemb~ 12, Novemb~ 19, ~d Novenib~ 24, 1999, Resolution No.'s 99-347, 99-348, ~d 99-349. 3. Pa~ll: Nov~b~ 12 ~d Nov~b~ 24, 1999, Resolution Nos. 99-350 ~d 99-351. 4. Mon~ly T~'s ~d Budga R~o~, Octob~ 1999. 5. M~ng det~fio~ ~d ~pm~g ~e ~rg~afion of te~tito~ desi~t~ '~. Stelling Ro~ 99-06," ~pmx~ately 0.~ ~ located on ~e west side of N. Stel~g Road be~e~ G~ ~ve ~d ~ed Drive; Se~ (~N 326-08-051), Resolution No. 99-345. 6. Resolution ext~ng ~e deMllne for ~eiv~g ~~ ~d ~bu~s ~lat~ to ~e libr~ b~lot me~ in M~h 2000, Resolution No. 99-352. 7. Request ~m Cup,no Hi~ School for w~v~ of ~e f~ for ~e Cup~r~o ~ School footbfll te~ ~ b~quet held at ~e ~nl~ Cent~ on S~y, Nov~b~ 21, 1999. 8.Jayesh P. P~ 22092 S~ F~t~do Ct., ~N 357-12-010: (a) ~tclalm d~ Re~lufion No. 99-353 ~) Impmv~mt a~m~t, Resolution No. 99-354 9. Ch~ge ord~ No. 1, V~ley SI~ S~, ~ject No. 99-102, Resolution No. 99-355. 11. Acc~ce of ciW pmj~ts P~oii~ied ~d~ con, t: Vflley SI~ Set, ~ject No. 99- 102. 12. C~ng av~labiliW of locfl ~e of Boll~g~ Road ~d Foo~ll Blvd., bike l~e pmj~ts, Resolution No. 99-357. 13. ~d Na~fl G~ Sties ~d A~gafion A~eai~t 96-022, w~ch ~cludes ~c~g · e t~ ~m one ye~ to ~e ye~ (July I, 2002). December 4, 1000 Cuper~no City Council Page Vote Counciknernbers Ayes: Burnett, Chang, James, Lowenthal, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. Designating preferential parking zone, Barbara and Pepper Tree Lanes, Resolution No. 99-356. Burnett said he wished to call attention to this item because it changes parking restrictions in an area near DeAnza College, so it should be publicized as much as possiblc. Bumett moved to adopt Resolution No. 99-356. Chang seconded and the motion carried 5-0. PUBLIC HEARINGS 14. Public hearings concerning a nuisance on parcel 375-27-025, 18781 Tuggle Avenue, overgrown weeds in the front and side yards. (Continued from November 15 meeting.) (Nuisance has been abated.) There were no speakers. Since this item had been abated, it was removed fxom the calendar. 15. Ordering abatement of public nuisance (abandoned vehicles) at 20091 La Roda Court. Hearing requested by property owner Colleen James, Resolution No. 99-358. Code Enforcement Officer Gary Komabrens reviewed the staff report and discussed the steps he had taken to work with the property owner to remove two vehicles or bring them into operating condition. He explained that when the complaint was filed, both vehicles had low tires and were filled with trash. They have been cleaned out, but the property owner has not proved they are operable. There is also another nuisance abatement associated with this property, which would be brought before the cOuncil at a later time. Ms. Colleen James explained that she wished to keep one of the vehicles for sentimental reasons, and she planned to use the other one for personal transportation once the battery had been replaced, since her existing car had over 140,000 miles on it. Councilrnember James suggested that Cupertino Community Services be contacted'to see if they could be of assistance to the property owner. Councilmember Burnett said that the heart of this ordinance was to protect the citizens in the community, and it should be enforced if she is in violation of the ordinance. Chang said Ms. James had taken some steps to clean up the vehicles, and asked how much more time she needed. Ms. James said that both vehicles were licensed, and she could make repairs within 10 days. December ~, 1000 ~upergno ~iiy ~ouncll Page Chang moved to deny the appeal and order abatement if the property owner had not made the vehicles operable within 10 days. James seconded and the motion carried 5-0. 16. Ordering vacation of roadway easement, C.LW. Trust, Diana Wont, Trustee, 10067 Bianchi Way, APN 359-07-009, (Res. No. 99-305), Resolution No. 99-359. The public hearing was opened. There were no speakers, and the hearing was closed. James moved to adopt the resolution. Bumett seconded and the motion carried 5-0. 17. Ordering vacation of emergency vehicle access easeiaent, Parcels 2 and 3, 22831 Mercedes Road, (Res. No. 99-325), Resolution No. 99-360. The public hearing was opened. There were no speakers, and the hearing was closed. Chang moved to adopt the resolution. James seconded and the motion carried 5-0. 18. Tom Quaglia - The Riding C.n'oup: request for a tentative map to subdivide an approximately two-acre parcel into 8 lots, and prezoning an approximately two-acre parcel from Pre-A to Pre R1-6, applications 5-TM-99, 8-Z-99, and 13-EA-99. The project is located at 7816 Festival Drive (APN #362-17-002). A Negative Declaration is recommended and this iteia is recommended for approval. (a) First reading of Ordinance No. 1842, "An Ordinance of the City Council of the City of Cupertino Rezoning a 1.96 Acres Parcel at 7816 Festival Drive (362-17- 02) fxom Pre(A) to (RI-6,000); applicant The Riding Group." Community Development Director Bob Cowan said there would be no vehicle access between parcels, but bicyclists and pedestrians would have access. Hazardous materials from an old fanning operation will be cleaned up, and a 20-foot Valley Oak would be relocated. Mr. Tom Quaglia said this project would create a public street, and there would be pedestrian and bicycle access to Festival Drive. The relocated Valley Oak would help to screen Highway 85, and the existing redwood trees would be retained in their original location. Other changes would include soRenlng the eiiiergency vehicle access on Festival Drive. He said that they hope to break ground in April Burner moved to grant a Negative Declaration. Chang seconded and the motion carried 5- 0. Burner moved to approve the applications per Planning Commission Resolutions 5080 and 5081. James seconded and the motion carried 5-0. The City Clerk read the title of Ordinance No. 1842. Bumett moved and James seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. December ~, l{)O0 ~uperl{no (~ity &uncl] Page 19. Hazardous vegetation/weed abatement: ordering abatement of public nuisance pursuant to provisions of Ordinance No. 724 and Resolution No. 99-287, Resolution 99-361. The public hearing was opened. There were no speakers, and the hearing was closed. James moved to adopt Resolution No. 99-361. Burnett seconded and the motion carried 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS - None 20. Review of Council committees and assignments. Council members concurred with the following assignments: Mayor Statton: Association of Bay Area Governments- Alt~mte Legislative Review Committee West Valley Mayors and City Managers Sister City Committee - Toyokawa Vice-Mayor James: Cupertino Audit Committee Economic Development Team Environmental Review Committee - Alternate Leadership Cupertino Northwest Flood Control Zone Advisory Committee Santa Clara County Cities Association - Alternate Santa Clara County Emergency Preparedness Commission Senior Center Expansion Committee West Valley Mayors and City Managers - Alternate Councilmember Bumett: Library Expansion Committee North Central Flood Control Zone Advisory Committee Public Dialog Liaison Santa Clara County Cities Association Representative, ABAG Board of Directors Santa Clara County Committee on Housing & Community Block Grant Program Santa Clara County Library District IPA Board of Directors - Alternate Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission Senior Center Expansion Committee December 6, 1/)00 CUl ertino Eib, Council Pa e 6 Councilmombor Chang: Association of Bay Area Govei-arnents Leadership Cupertino · Legislative Review Committee Library Expansion Committee Public Dialog Liaison Santa Clara County Cities Association Santa Clara County Comm. on Housing & Community Block Grant Program- Alternate Santa Clara County Emergency Preparedness Commission - Alternate Councilmember Lowenthal Association of Bay Area Goveii~ments - Alternate Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Library District JPA Board of Directors 21. Request to initiate a public hearing to consider amendments to the General Plan and Heart of the City Specific Plan to accommodate changes in development regulations, including building height and location, for a hotel, apartments, and retail activities in the City ~ Center. Community Development Director Bob Cowan reviewed the staff report. Council members directed staff to initiate a public hearing to consider a general plan amendment and an amendment to the Heart of the City Specific Plan, and specified that the applicant may submit development applications to be heard concurrently with those amendments. ORDINANCES - None STAFF REPORTS City Manager Don Brown announced that there would be a reception for retiring Community Development Director Bob Cowan on December 16 at the Quinlan Community Center. COUNCIL REPORTS James reported that she attended the Portal Software reception. Also, she and Lowenthal participated in the anm~_a! Rotary Club shopping excursion for children, and it was an excellent program made possible by the Rotary Club, the Quota Club, the YMCA, and $.C. Permey's. December 6, 10{)0 Cupertino City Council Burnett said that he attended the County. Housing Authority tour of affordable units, and was particularly impressed with one development of 110 units on less than an acres that were attractive and well designed. He said there is still a huge shortfall between the supply and demand. Burnett also took his first ride on the Tasman West light rail, which was very smooth. It will be a more useful link if they can improve pedestrian access to the rail line, because right now there are not a lot of sidewalks. Chang said that he represented the city at the Thanksgiving church service put together by eight local churches. He also attended the charity concert sponsored by the World Journal, and was pleased at their efforts to support the community. Those donations will benefit the American Cancer Society. Lowenthal said there is a lot of evidence of economic success - Portal Software is very excited to be here, and he attended the ribbon cutting for the Andrew James salon which grew out of its last building. Also, tonight is the groundbreaking for a new aquatic center at the YMCA. CLOSED SESSION - None At 8:05 p.m., the meeting was adjourned to Monday, January 3, 2000, at 5:30 p.m., in the City Council chambers, for a joint study session with the Plan, lng Commission regarding the City Center hotel and apartment project at the comer of Stevens Creek and De.AnTa Boulevards. City Clerk