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CC 01-18-00 CUPERTINO CIT~ COUNCIL -- REGULAR MEETI~qG Tuesday, Sanuary 18, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Statton, Vice-Mayor Sandra Sames, and Council members Don BurneR, 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 Steve Piasacki, Parks and Recreation Director Steve Dowling, Public Infow~ation Officer Donna Krey; Public Works Director Bert Viskovich, Planner Vera Gil, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Anne Ng, Bicycle-Pedestrian Advisory Commission, presented a check from the City of Cupertino to Debbie Schmalz, faculty advisor for Lynbrook High School Enviroomental Activist Federation (LEAF), winners of the 1999 Bike-to-School Day contest. POSTPONEMENTS - Items 13 and 16 were removed from the Consent Calendar. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Kay Nickerson, 11360 S. Stelling Ro~d~ presented a petition signed by 125 residents of the South Stelling area. She summarized the petition results which requested traffic controls, crosswalks and sidewalks. Director of Public Works Viskovich said the city needs to acquire soine land to be able to provide a walkway and give some sight distance for the Echo Hill residents. He said they were in contact with Mrs. Nickerson. CONSENT CALENDAR James moved to approve the items on the consent calendar as presented with the exception of items No. 13 and 16. Chang seconded and the motion carried 5-0. 1. Accounts payable: December 23, December 30, 1999, and January 7, 2000, Resolution Nos. 00-015, 00-016, and 00-017. 2. Payroll: December 23, 1999, and January 7, 2000, Resolution Nos. 00-018 and 00-019. Januar~ 1 ~, ~000 Oup~ino Oity ~ouncil Page 3. Appointing Carol Atwood as City Treasurer and Lois Eagle as Deputy Treasme~, ~' Re~olution 1'~o. 00-020· 4. Review of application for Alcoholic Beverage Control license for Route Du Charapagne, 10056 Pasadena Avenue, Suite C. 5. Amendment to animal services agreement, Resolution No. 00-021.. 6. Recommendation from Telecommunications Commission to award final educational grant for 1999-2000. 7. Change order No. 1, Annual Overlay, Project 99-108, Resolution No. 00-022. 8. Quitclaim deeds: (a) Jyh Nomg Yinn and Chiung Chu Yin Wei, 10120 Camino Vista Drive, APN 342-14-064, Resolution No. 00-023 Co) Eunhee Klm 10363 San Fernando, APN 357-12-003,, Resolution No. 00- O24 9. Improvement Agreements: (a) Jyh Nomg Yinn and Chiung Chu Yin Wei, 10120 Camino Vista Drive, APN 342- 14-064, Resolution No. 00-025 Co) Franklin W. Cobum, 10300 Sterling Blvd., APN 375-24-018, Resolution No. 00- 026 (¢) Daren Sbu, 2060/20762 Lomita Avenue, APN 357-18-001, Resolution No. 00- 027 (d) Eunhee Klm, 10363 San Femando, APN 357-12-003, Resolution NO. 00-028 (e) Kevin L. Su, Sandy Su, Tony Su, 10225 S. Blaney Ave., APN 369-32-009, Resolution No. 00-029 (0 Garrick H. Lee, 18871 Arata Way, APN 375-12-036, Resolution No. 00-030 (g) Richard D. Martinez and Henrietta B. Martinez, 18760 Arata Way, APN 375-13- 015, Resolution No. 00-031 10. Acceptance of city projects performed under contract: Landscape improvements on Stevens Creek Boulevard and Regnart Re.ad, Project 99-111. 11. Supporting Bollinger Road Bicycle and Pedestrian Facility Improvements, Resolution No. 00-032. 12. Approval of Candidate Bicycle Projects for Valley Transportation Plan 2020, Resolution No. 00-033. 14. Declaring intentions to order vacations: (a) Linnet Lane, public utility easement, Resolution No. 00-035 Co) Pruneridge Avenue, ingress and egress easement and public utility easement, Resolution No. 00-036 (c) Linnet Lane, sanitary sewer easement, Resolution No. 00-037 , 000 Cuvegino City Cotmeil Page 3 15. Declaring intention to order abandonment of rights of ingr~s and egress over Becker Lane, Resolution No. 00=038. 17. Authorizing submittal of project applications for Tran~portation Fund for Clean Air, Resolution No. 00-039. Vote Couucilm~l,~bers Ayes: Buructt, Chang, James, Lowenthal, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. Authorlzirtg filing of applications for Federal Surface Transportation Program and Congestion Mitigation & Air Quality Improvement Program funding, Resolution No. 00- 034. The item was tabled. 16. Appoinh~ent to Bicycle and Pedestrian Committee. Mr. David Greenstein introduced himself and reviewed his background serving on other bicycle committees for the City of Santa Clara and the Valley Transportation Agency. Burnett moved to appoint David C-reenstein to the Bicycle and Pedestrian Committee. Chang seconded and the motion carried 5-0. PUBLIC HEARINGS 18. Renewal of bingo permits: · Oddfellows · St. Joseph's Catholic Church City Clerk Kimberly Smith reviewed the staff report. Statton opened the public hearing. No one wished to speak, and the hearing was closed. Chang moved to renew the bingo pv.~,,its for the Oddfeilows and St. Joseph's Catholic Church for 2000. Lowcnthal seconded, and the motion carried 5-0. 19. Appeal of Planning Commission's denial of application 12-U-99, Santa Clara Family Dental, 10413 Torre Avenue. Appellant: Mark Makiewicz (attorney for applicant). Planner Vera Gil presented the staff report, noting that there had not been lime for extensive parking surveys. Council had received a letter prior to thc meeting fi'om Jim Jackson, Sackson & Abdalah, tenants near thc subject site in Town Center. Jarluary l~, ~000 Cuper~o Clty ~oun¢il Page Mark Makicwicz, Ten Almaden Boulevard, Eleventh Floor, San Jose, attorney for the property owner/appellant, said that the use they were requesting is pea,~fitted under zoning regulations. He said the floor area ratio, includin§ the modification, was well within imposed limits. He said there were people objecting to the proposed use who were using more than their share o£ parking, thereby contributing to the situation. Staff has twice recommended that this project be approved, and he believed that Council should trust their recommendations. Dr. Khalil Saghezschi, property owner, cited his education and credentials, and said the office will be restricted to co.~metic dentistry. He said he believed if any dental office or any office wanted to increase their size they had to go to the city to get their permission. Planner G-il confu-,ed that Dr. Saghezschi was correct that if he wanted to expand the dental practice he would need building permits. Application for the pezmits would trigger a check with the Planning Depa~tu,ent to make sure there is enough parking. If there is not, they cannot expand. Dennis Whittaker, 20622 Cheryl Drive, said he was concerned about what could happen in the future. He had taken photographs of the entire complex that showed that all the parking spaces were occupied. He said many of the cars were not compacts. He said he was not concerned about what the doctor wanted to do now, but he would like to have pei~iianent restrictions on expanding into the general office space. He said he had to park two buildings away from my office twice in the last year because there was no space - available. He said his concerns were about quality of life. He showed where the buildings under discussion were located and where the parking for the various buildings was located. Steven Lipp, 10413 Torre Avenue, said he had been a tenant in the building but had vacated, partly because of the parking pwblcms. He said when he signed the lease, it stipulated that he had ten parking spaces because he knew at that time parking was a problem. Mr. Lipp said he was in the building a little over three years and experienced parking problems the entire time he was there. He said his having the right to ten parking spaces left only eleven for the rest of the building. He said it was not his problem now, but is something that should be taken into consideration. Steve Rudd, occupant of the office next door to the applicant, agreed with what Mr. Whittaker 'had said. He said he had the authority to speak for the building owners, and they believe there is a parking problem, especially in recent years as the Town Center has expanded and as more tenants, employees, and customers have moved in. He said he believed they could expand their building under the parking ratios but they have chosen not to because they want to have sufficient parking at this center. Clients, especially elderly ones, have told them that they switched from downtown finns because of the convenient, free parking. He said there were two or three days a year when he had parked next to the building in question, and a notice had been put on his car telling him not to park there. He said if clients and customers get notices on their windshield, they _ are not going to think this is a friendly place. Mr. Rudd said he agreed with Mr. Jackson's cormnents. hnuare 1 2000 Cupertino City Council Page Dr. Daryl Lure, 20395 Pacifica Drive, said his dental office was at Pacifica Suites which is inu~ediately adjacent to the applicant's property. He said he was speaking becaus~ they have always had a parking problem and people drive fairly fast in this area. He referred to General Plan Policy 2-6 which states that individual properties are developed independently of surrounding sites and they should have interconnecting pedestrian and vehicle access and shared parldng. He said that none of these parcels have shared parking. Each parcel was responsible to provide its own parking and in the deeds and restrictions each parking space is allocated to a particular property. As a result, everyone gets protective of their own parking. He said that this policy only works if there is enough parking for each complex, and one complex is down 20 spaces. He said those 20 cars tend to be spread over Pacifica Suites parking, and as a result everybody g~s bumped farther and farther away. He said he would like to see the city take a proactive role in trying to resolve this parking problem. He said he thought there should be conditions placed on adjoining buildings that if they are converted to a dental or medical office which has a higher parking requirement, it should appear before the Planning Commission. As it is now it could go ahead without any city approval except a building permit. Gil noted that there is street parking on Torte Avenue, but that staff had only looked at off-street parking when the parking count was taken. She outlined the staff process when applicants seek an expansion. If a parking analysis is required, the staff person makes sure it is complete, and if there is enough parking provided, they could sign off on it. If council wanted to ensure that a request for a change of use would go to the Planning Commission, they could place such a condition on the approval. Community Development Director Piasecki said there is not much capacity on the site to provide more parking, but council could add a condition that any expansion would require review of the use permit. If it is detei~iqed that parking continues to be a problem, it would force it back to the Planning Commission. Gil provided background info.-~ation on the parking situation, noting that when the center was originally constructed the parking requirement was different. It was one space for every 200 sq. ft. and was not separated into general office or dental but was a mix of both. She said.the applicant had re-striped the parking lot in order to meet some handicap accessibility requii¢iiients but no additional spaces had been provided. She explained the reasons for staff's recommendation for approval of the application, stating the recommendation is based on a newer formula. She said they looked at other dental practices not in this center and determined that the one space for every 175 sq. ft. ratio does work for other dental facilities. Director of Public Works Viskovich said it would be hard to administer and enforce a requirement that people not park in parts of the center other than their designated part. In regard to the legal force of a note placed on a car telling them not to park in that space, City Attorney Kilian said if an owner leases property with a guarantee of a certain -_ number of spaces, that can be enforced but only privately, not by the vehicle code. He said they should mark the spots like the title company does saying these spots are reserved for such and such a business. He said it has a legal effect and they can have the cars towed. Lowenthal said the applicant seems willing to live with the parking planning restrictions, and all the other property owners and tenants who spoke wanted protection against future use of the building where more of it would be converted to dental use. He agreed with staffs suggestion that requests for conversion of other parts of the building to dental use would be required to go through the Planning Commission. James agreed with Lowenthal but believed that the city needed to be proactive. She said she would l/ke staff to take another look at this whole office area and make some recommendations regarding the parking area. Chang agreed with James and Lowenthal Burner said he also was in basic agreement with other council members, and enllamented on the speeding problem. He said the Public Works Deparh~ent is aware of techniques that can be used to control traffic in such areas. James moved to uphold the appeal and overturn the denial by Planning Commission; to add a condition that any changes to the internal use of the building must be reviewed by the Planning Commission; and to direct staff to do a follow-up study and make recommendations to city council regarding the overall parking use of the center. Lowenthal seconded and the motion carried 5-0. 20. Appeal of Planning Commission's approval of application 29-U-85(IVl), First Baptist Church, 10151 Howard Court. Appellant: Councilmember Don BurneR. Associate Planner Colin Jung reviewed the staff report. Burner explained the reasons for his appeal, noting that if all ten units were one subdivision, one of theiii would have had to be an affordable' un/t. He felt that the Plarming Commission recommendation was a reasonable compromise to balance out the benefits that have been passed on to the developer and the church. He was also concerned that the house is moving out of Cupertino. Kilian said that if a subdivision of ten or more lots is developed, one lot must be dedicated for BMR, and if there are less than ten lots, each lot pays an in lien fee. He said the area outlined in red on the map is not part of the subdivision, but is called a remainder. Therefore by law this is a nlne-lot subdivision. As a result those n/ne lots have paid in- lieu fees, and he was concerned that if this is required to be a BMR unit the city might owe refunds for the in-lien fees. He said he had suggested to the Planning Commission that the best way to handle this was to condition approval saying that the house on the remainder would always remain a parsonage. Should the church want to do anything else with the house, it must first get approval from the city. Kilian said the planning commission considered that this might be viewed as a way to avoid the BMR requirement, but everything that the church has done was withlrl the law. January 11], 9-000 Cupertino City Council Page James said she was not sure she would have previously approved the application had it come before her in this manner. She recalled that council's earlier approval required that the house be retained. Kilian said mat their approval of the nlne-lot subdivision included a condition that the building remain as a parsonage. He said they are putting in a new building which will perform presumably the same function as the old one, and it has very little to do with the BMR requirements. A1 Baker, Pastor of First Baptist Church, said originally they had planned to move the house on the property. However, the builder offered to build a new 2,800 sq. ft. house for $230,000. After lengthy consideration, they decided the new house would better serve the church. The.McCubbin house is 100 years old and would be costly to upgrade. He said he thought the builder's motive was to help the church. He said there are people interested in buying the house. There is no lot in Cupertino where the house could be moved. Councilmembers expressed regret that the house could not remain in Cupertino. Chang said it appeared that the applicant had agreed to the condition that the house remain a parsonage, and he was inclined to uphold the plan_ning Commission recommendation. Lowenthal expressed concern about avoiding the spirit of the BMR restriction. He said the city had chosen not to have an ordinance that protects historic houses in Cupertino so there was no way to require that the McCubbin house stay in Cupertino. James agreed with Lowenthal that somehow the city had lost something that they should have had in the process. She asked the city attorney if there was anything that could be done about it. Kilian said they could designate the new house as a BMR unit if it ceases to operate as a parsonage. At that time they would refund the in-lieu fee to the then owners of the other nine parcels. Another possibility would be to require that if the house was ever to be used for anything other than a parsonage it would come back to council for review and they could impose a condition on it. lung showed pictures of the house. Statton said he would rather see the house moved out of the community than tom down. He agreed with other councilmembers about the appearance of avoiding the spirit of the BMR requirement. However, he said he would generally consider a parsonage to be a BMR unit. He agreed with the city attorney's proposal. Bumett moved to approve the application per PC Res. 5090, with condition 4 amended to _ change the title to USE RESTRICTIONS, and to read, "... who is not the pastor of the abutting church, then the use of this property shall be reviewed by the Planning Commission." James seconded and the motion passed 5-0. J mmry l 2000 CUl~erlino (~il'y (~ouncll PaEe {~ PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS 21. First reading of Ordinance No. 1843: "An Ordinance of the City Council of the City of Cupertino Authorizing an Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System." Human Resources Manager Bill Wnska reviewed the staff report. · The City Clerk read the title of the ordinance. Chang moved to read Ordinance No. 1843 by title only and the City Clerk's reading to constitute the first reading thereof. Bumett scconded, and the motion carried $-0. 22. Sclect interview and appointment dates to fill unscheduled vacancies on Library and Public Safety Commissions. Council selected dates as follows: Deadline for application, February 16. Interviews, Tuesday, February 22, be~nning at 5:30 p.m.; delay beginning of regular meeting if necessary. ORDINANCES - None. STAFF REPORTS -Nonc. COUNCIL REPORTS James presented an update on the scarch for a city manager. She s.aid they have hired a consultant, are proofing the brochure, and ads were going out. Council memb=,~ have received input from Chief Sporleder and Captain Wilson as well as other community m=mbers. She attended her first meeting of the County Emergency Preparedness Commission. She ssld .today was the last day for people to file for Marie Moore's job. She said she liked the goals workshop, and the mayor had done an outstanding job of facilitating it. Lowenthal reported that he was a guest speaker at the Asian American Business Council, a subcommittee of the chamber of commerce. He also went to the first Moonfest 2000 organizational meeting. Chang had suggested that since it fell on the same day as the CCS barbecue, the city co-promote the two activities. Chang attended the Santa Clara County Cities Association meeting where there were presentations by different jurisdictions of emergency services. He said those agencies are making progress in terms of being able to communicate w/th one another during emergencies. January l I g, 2000 Cupertino Burnctt attended a meetin§ of the Policy Advisory Committee for the Valley Transportation Agency. Mike Evanhoe, head o£ the VTA, had met with Gov. Davis regarding SCA 3 which he opposes. He said the new budget includes some additional items for Santa Clara County, including money to extend the Vasona line one stop farther than was the original plan so it will go to Winchester. He said he is the new chair of the conunittee. Statton said he had met with representatives from Apple Computer, and they are in the process of discussing ways for that company to participate more in the community. He congratulated the organizers on last Sunday's World Religion Day. He thanked the city manager, staff and commission members for producing goals to be used in developing the work plan for the coming year. He suggested se~ding flowers to Dave Espinosa, a firefighter who was injured in the fire on Blaney. At 8:30 p.m., the meeting was adjourned. D~uty City Clerk