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Director's Report CITY OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Directo~ Planning Commission Agenda Date: Tuesday, Tune 10, 2008 The City Council met on Tune 2, 2008, and discussed the following items of interest to the Planning Commission: 1. Confirm a new member to the Historic Preservation Committee: The City Council received the report and confirmed the new member. (see attached report, item #7) 2. Adopt a resolution authorizing the City manager to negotiate and execute an encroachment agreement between the City of Cupertino and Omnipoint Comminucations, Inc. dba. T-Mobile, a Delaware Corporation (Resolution # 08-076): The City Council adopted the resolution. (see attached report, item #13) 3. Consider offering an early pre-preview option for development proposals and designating the Environmental Review Committee to conduct the early reviews: The City Council received the report and referred this item to the Planning Commission to re- work the topic to include: (see attached report, item #15) a. Trial period of one year b. Address potential noticing issues c. No staff time should be spent on the preview meeting d. Who should host the meeting e. Develop structure for meeting to address issues f. What triggers preview meeting (square footage or number of units) g. Consider having mandatory developer run public meetings 4. Economic Development update: The City Council received the report. (see attached report, item #17) 5. The city Council decided to cancel the two meetings in July due to vacation schedules Enclosures: Staff reports articles G:\ Planning \ 5teveP\ Director's Report \2008\pd6-10-08.doc Dk>-I City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPERTINO Community Development Department Summary Agenda Item No.1 Agenda Date: Tune 2, 2008 SUMMARY Confirmation of a new Ad Hoc Historical Preservation Advisory Committee Member, Application No. CP-2007-03, City of Cupertino, City Wide. RECOMMENDATION Staff recommends that the City Council: 1. Confirm a new Ad Hoc Historical Preservation Advisory Committee Member BACKGROUND On February 19 2008, the City Council directed staff to define a committee of five to seven persons, of which two to three are from the Historical Society with a majority of the Historical Society members being residents. The City Council also directed staff to solicit Cupertino residents through outreach, including a press release. On May 5, 2008, the City Council formed the Ad Hoc Historical Preservation Advisory Committee with the following members. Historical Society Member(s): - Helene M. Davis - MarkJosephMcKenna Cupertino Resident(s): - George M. Monk City Council directed Staff to continue to advertise the two vacant seats on the City website with the hope that others may want to apply to be on the committee. In the meantime, staff can work with the three person committee to begin updating the historic inventory and process. Any additional applicants will be brought forward to the City Council for confirmation. PI2..;? Historic Preservation Ordinance Page 2 June 2, 2008 DISCUSSION The City received an application from another community member (see attached application) Staff recommends that the City Council confirm the new Ad Hoc Historical Preservation Advisory Committee member: Cupertino Resident(s): - Mike Sanchez Staff will continue to advertise the one vacant seat on the City website with the hope that others may want to apply to be on the committee. In the meantime, staff can work with the four person committee to begin updating the historic inventory and process. Any additional applicants will be brought forward to the City Council for confirmation. ENCLOSURE Exhibit A: Historical Preservation Ad Hoc Advisory Committee Application Prepared by: Leslie Gross, Assistant Planner Approved by: Stev Piaseckl Director, Community Development David W. Knapp City Manager PR ~a CUPERTINO DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM /3 AGENDA DATE June 2. 2008 SUBJECT AND ISSUE Adopt a resolution authorizing the City Manager to negotiate and execute an encroachment agreement between the City of Cupertino and Omnipoint Communications, Inc. dba T -Mobile, a Delaware corporation. BACKGROUND Cell phone system provider T-Mobile an4 its customers in Cupertino have reported that current cell phone reception in a sizable area surrounding Bollinger Road and Blaney Avenue is poor. As a result, T -Mobile has applied to the City to install cell phone system antennas in City right of way adjacent to 20041 Bollinger Road, the site of the Tin Tin Market, to improve cell phone system coverage in the surrounding area The antenna installation planned by T-Mobile calls for replacing an existing City streetlight pole with a modified streetlight pole sufficiently larger in diameter to contain three panel antennas inside the pole. The modified streetlight pole will be about 20 inches in diameter without ~ tapering from base to top, where the standard streetlight pole tapers in diameter from about eight to nine inches at its base to about four inches at its top. There will also be a five-foot-wide easement in City right of way behind the pole, extending approximately seven feet eight inches to the adjacent private property, which will contain antenna cable connected to equipment sited on the private property. The agreement between the City and T-Mobile USA, Inc., will establish the terms for the encroachment, including fees, .rent, bonding, maintenance, and liabiiity. The City has previously conducted public hearings on this installation, which indicated widespread approval based on public desire to improve cell phone reception in the poorly covered area. FISCAL IMP A.CT Approval of the resolution may allow the City to receive an as yet undetermined amount in rent for the antenna location. 13 - D,e ,Lf DRAFT RESOLUTION NO. 08-076 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTIIORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ENCROACHMENT AGREEMENT BE1WEEN THE CITY OF CUPERTINO AND OMNIPOINT COMMUNICATIONS, lNe., DBA T-MOBILE, A DELAWARE CORPORATION WHEREAS, cell phone system provider Omnipoint Communications,. Inc., dba T- Mobile, a Delaware corporation, and its customers in Cupertino have reported that current cell phone reception in a sizable area surrounding Bollinger Road and Blaney Avenue is poor; and WHEREAS, as a result, Omnipoint Communications, Inc., has applied to the City to install cell phone system antennas in City right of way adjacent to 20041 Bollinger Road, the site. of the Tin Tin Market, to improve cell phone system coverage in the surrounding area; and WHEREAS, the City has previously conducted public hearings on this installation, which indicated widespread approval based on public desire to improve cell phone reception in the poorly covered area; and WHEREAS, the agreement between the City and Omnipoint Communications, Inc., will establish the terms for the encroachment, and may allow the City to receive an as yet undetermined amount in rent for the antenna location. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an encroaclunent agreement between the City of Cupertino and Omnipoint Communications, Inc., dba T-Mobile, a Delaware corporation, on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2ND day of June 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 13 - Dte...-i4 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPERTINO Community Development Department Summary Agenda Item No. Jr ' Agenda Date: Tune 2, 2008 ITEM SUMMARY Consider offering an early pre-review option for development proposals and designating the Environmental Review Committee to conduct the early reviews. PLANNING COMMISSION RECOMMENDATION That the City Council approve a voluntary pre-review process for applicants and designate the Environmental Review Committee to conduct the reviews. BACKGROUND On April 8, 2008, Chairman Miller appeared at the City Council meeting and suggested that the City Council consider an early review opportunity for decision makers prior to filing of a formal planning application. The concept is that with early review, applicants can be advised of major issues or "deal breakers" when their application is in the conceptual phase and it is easier to change direction. DISCUSSION: The attached staff report to the Planning Commission outlines several approaches that other cities have used to conduct early reviews of development applications. All of the approaches offer the review at the applicant's option and they conduct the review when the application is still in the early conceptual stage often without specific site or development plans. Only one city offers the review free of charge. The City Council previously conducted study sessions of major development applications. These study sessions became the topic of some controversy as some members of the public perceived that the Council was committing themselves to a particular course of action or view of the application ahead of any public notification or input. Due to that perception the council expanded noticing and refrained from early review by the whole council. The council has authorized another form of "early- review" with major areas through master plans developed in North and South Vallco. The South Vallco process was conducted by a major property owner who is poised to present their own development application. This approach allows individual council and commission members to attend as observers without the perception that they were '\)e~ Consider offering an early pre-review option for development proposals and designating the Environmental Review Committee to conduct the early reviews June 2, 2008 Page 2 in any way "buying-in" or pre-judging the future development project. This concept was well received. In North Vallco there wasn't a major property owner ready to develop and the city undertook the study. Environmental Review Committee (ERC) The ERC gets the first look at development applications and in the course of reviewing the potential environmental impacts and frequently provides advice to developers on "hot-topic" items at the time of the environmental review meeting. The Planning Commission recommends that applicants be given the option of appearing early for a concept review prior to filing the application. This concept review would take place well before the item is ready for environmental review. It has the benefit that the ERC could also identify or comment on "hot topic" environmental concerns as well as general community concerns. This model has the benefit of using an existing committee that includes only one council member and one planning commissioner, leaving the remainder of the commission and council independent of any criticism that they may have offered to the applicant prior to the formal hearings. If the Council concurs with the Planning Commission recommendation then staff recommends that the service be offered for a minimal fee such as $500. Approved by: ~ David W. Knapp City Manager ENCLOSURES Exhibit A: Minutes from the Planning Commission, May 13, 2008. Exhibit B: Staff report to the Planning Commission, May 13, 2008. Dr<-q City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPERTINO Community Development Department Summary Agenda Item No. D Agenda Date: Tune 2, 2008 ITEM SUMMARY Economic development update RECOMMENDATION That the City Council receives and files the report. BACKGROUND At the May 27, 2008, budget study session several Council members asked about the details of the economic development program. Recently Economic Development/Redevelopment Manager Kelly Kline prepared a list of "Economic Development Key Initiatives" and last year she provided a list of "06/07 Redevelopment Agency Accomplishments" (both documents are attached). The economic development program provides staffing for the Economic Development Committee. Attached is the latest Economic Development Committee packet. Also, the Economic Development program budget manages the housing programs and supports the economic development effort with Senior Planner Vera Gil reporting to Kelly and includes a portion of Senior Planner Gary Chao's time. Kelly Kline will provide a brief update of the economic development program. Approved by: ~ David W. Knapp City Manager ENCLOSURES Economic Development Key Initiatives 06/07 Redevelopment Agency Accomplishments May 7, 2008, Economic Development Committee Agenda and attachments Dt<-IO San Jose is nation's 7th-greenest city - San Jose Mercury News Il)e JlteftUf:g News MercuryNews.com San Jose is nation's 7th- greenest city SMALL CARBON FOOTPRINT HELPS RANKING By Matt Nauman Mercury News Arlicle Launched: 05/29/2008 01 :3505 AM PDT Related documents . On the Web: . Brookings Institute carbon- footprint study More coverage . Green living . Green energy San Jose has one of the smallest carbon footprints of any large U.S. city, research released today by the Brookings Institution reveals. The San Jose metropolitan area, including Sunnyvale and Santa Clara, ranked NO.7 among the 100 largest cities in terms of the amount of carbon produced by its residents' energy use. San Francisco, which researchers pair with Oakland and Fremont, finished eighth. Lexington, Ky., was the worst. The study tracked two of the largest sources of carbon emissions - the fuel used by cars and trucks, and the energy used in homes, which account for a little more than half of the carbon emissions in the United States. What was omitted - emissions from commercial Page 1 of2 buildings, factories and air, rail and sea transportation - account for the other half. Brookings, a Washington-based think tank, has said it will add those two factors into subsequent rankings due out later this year or early in 2009. Measuring the carbon emissions from cities could provide policy-makers with a tool to help in efforts to reduce greenhouse gases and combat global warming. Metropolitan areas are ranked in metric tons of carbon emitted per capita. Honolulu is tops at 1.356 metric tons per capita. San Joseans emitted 1.573 tons. The average footprint for the 100 cities was 2.235 tons, and Lexington residents contributed 3.455 tons. Overall, California does quite well in the report. Los Angeles ranked second, and San Diego joined San Jose and San Francisco in the top 10. Other big metropolitan areas in the Golden State - Oxnard, Sacramento, Stockton and even Fresno - finished among the top 22 cities. In fact, only Bakersfield, which ranked 53rd, emerged as a California city outside of the top quarter of the ran kings. The state's big cities benefit from several factors, the researchers said, including that much of their electricity comes from natural gas, hydro-electric projects and other cleaner sources. Cities such as San Francisco and San Jose have mass-transit systems and weather that doesn't require as much winter heating or summer cooling as other areas of the United States. Plus, said Mark Muro, policy director of Brookings' Metropolitan Policy Program, "you benefit from the substantial interest in the public policy community and at the household level in these issues for longer than the rest of the country." Advertisement G Print Powered By Dte-I' http://www.mercurynews.com/greenenergy /ci_94125 56?nclick _ check= 1 6/5/2008 San Jose is nation's 7th-greenest city - San Jose Mercury News ~eJlertury News MercuryNews.com Page 2 0[2 That includes California's landmark global-warming legislation and its requirement that utilities buy more power from renewable sources. Utilities such as Pacific Gas & Electric push conservation, while Silicon Valley venture-capitalists invest in various clean-tech technologies, including solar, biofuels and electric cars. San Jose Mayor Chuck Reed, who wants the city to get 100 percent of its power from renewable sources and for its residents to cut per capita energy use by 50 percent within 15 years, was pleased with the Brookings ranking. "But I think we have room to improve," he said. "We'd like to be No.1, not No.7." Muro said he was "struck by the starkness of the regional variations." Research showed that the Mississippi River and the Mason-Dixon line serve as demarcations of carbon production. Nine of the 10 largest emitting metro areas were east of the Mississippi. Seven of the 10 were south of the Mason-Dixon line. Generally, these are cities that rely on coal for their electricity and gasoline for their transportation. Some other findings: . The nation's 100 largest cities hold two-thirds of the U.S. population and three-quarters of its economic activity, yet produce only 56 percent of the carbon emissions from transportation and homes. . The average metro resident had a smaller carbon footprint (2.24 metric tons per capita) than the average American (2.60 metric tons). . The West was the only region to show a decline in its partial carbon footprint from 2000 to 2005. Overall, the carbon footprint for the 100 metro areas grew 7.5 percent from 2000 to 2005. San Jose's per capita carbon footprint from transportation and residential energy use decreased 7.43 percent during that time period. Some question Brookings methodology, which relies on U.S. Census Bureau designations to determine commute patterns and uses statewide averages to calculate electricity costs. Marilyn Brown, a professor of energy policy at Georgia Tech and one of the three co-authors of the report, defended the source material as the best available. "It's astonishing to know this type of data has never been pulled together before," Brown said. "We're apologetic that this represents just half the footprint, but we're really proud we've made an enormous step forward." Andrea Sarzynski, a Brookings researcher and another of the co-authors, said the findings will help the federal government calculate the role of big cities as it formulates national energy and transportation policies. The group made several policy suggestions based on its research, including that the country needs to put a price on carbon, spend more on energy research and create national renewable energy standards. It also suggested that homeowners be required to disclose energy costs when they put their homes on the market. Contact Matt Nauman at mnauman@mercurynews. com or (408) 920-5701. Advertisement o Print Powered By t:>R ~I ~ http://www.mercurynews.com/greenenergy/ci _9412556?nc1ick _ check= 1 6/512008