08. Draft MinutesC U P E RT I N O DRAFT MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
May 4, 2010
ROLL CALL
Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: none.
CLOSED SESSION - 5:00 p.m.
1. Conference with legal counsel — existing :litigation (Government Code 54956.9):
a. Case # 1, filed December 14, 2009
City of Cupertino v. Yuen et al. " Santa Clara County Superior Court Case No. 1-
09 -CV- 159280
(In re 20587 Murano Circle, Santa Clara County Superior Court Case No. 1-10 -
CV- 167613)
b. Case #2, filed December 17, 2009
City of Cupertino v. Mansfield et al. Santa Clara County Superior Court Case No.
1- 09- CV- 159511
(In re Mansfield, United States Bankruptcy Court Case No. 10 -51193 ASV)
2. Conference with legal counsel - anticipate=d liti ag tion
a. Significant exposure to litigation pursuant to subdivision (b) of Government Code
Section 54956.9 (3 cases)
3. Conference with Real Property Negotiato (Government Code 54956.8)
a. Property: 10800 Torre Avenue, Cupertino, CA
b. Negotiator: Terry Greene
C. Negotiating parties: City of Cupertino and Streeter and Sons, dba Coffee Society
d. Under negotiation: Lease - Price quad terms of payment
Mayor Wang stated that Council met in closed session on item No. 1 to receive a briefing
from legal counsel, and no action was taken.
She said that Council also met in closed session on item No. 2, discussed three cases,
received a briefing with legal counsel, and no action with taken. She noted that closed
session No. 3 was not held.
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May 4, 2010 Cupertino City Council Page 2
RECESS
The Council was in recess from 6:40 to 6:50 p.m.
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: none.
CEREMONIAL MATTERS — PRESENTATIONS
4. Proclamation to Roseanne Macek for her service to the Cupertino Library. (No
documentation in packet).
This item was postponed to the meeting of May 18.
5. Proclamation for Wildfire Awareness Week in Cupertino, May 2 -8. (No documentation
in packet).
Mayor Wang presented a proclamation to the Executive Director of the Santa Clara
County Firesafe Council and a representative of the Santa Clara County Fire District. It
noted the importance of educating the public on fire safety issues including the creation
of defensible spaces around homes and businesses and how to protect communities
from wildfires. The recipients stated that wildfires were taken very seriously and they
commented on the educational community outreach programs.
6. Proclamation for National Public Works Week in Cupertino, May 16 -22. (No
documentation in packet)..
Mayor Wang presented the proclamation to Cupertino Public Works Director Ralph
Qualls. He showed a poster commissioned by the National American Public Works
Association and accepted the proclamation on behalf of the 70 public works employees in
the city.
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7. Presentation on water quality by San Jose Water Company — John Tang. (No
documentation in packet).
Mr. John Tang, San Jose Water Company, commented that the San Jose Water Company
had a 138 mile service area. There were three main sources of water: 40% ground water,
10% local rainwater and 50% Santa Clara Valley Water District. He referred to the water
quality programs in place and noted that they had an exemplary water quality record. In
an effort to maintain the high standards of water quality 450 tests were conducted each
month.
8. Environmental Affairs update. (No documentation in packet).
Environmental Affairs Coordinator Erin Cooke stated that the Environmental Affairs
Division was formed in 2008 with the goal of developing, implementing and monitoring
internal and community focus programs that conserve energy and water resources as well
as financial resources. She referred to the following potential impacts of climate change
on Cupertino as well as on neighboring communities: drought, loss of snow pack,
population growth and rise of sea level. ;She further noted that the city had the following
in place: energy service agreement, solar power purchase agreement, greenhouse gas
emission inventories, environmentally preferred procurement program and commute
alternatives. There was also a green building ordinance, a water efficient landscaping
ordinance and a climate action plan. It was suggested that residents and business owners
use mass transit and work with the following programs: Acterra Green @Home,
Rebuilding Together Silicon Valley, Go Green Grants, Tree 4 Free and Water District
Water Wise Programs. Ms. Cooke concluded her update with the notation that the
currently unfunded Environmental Stewardship Council project would be brought to
the Council during budget discussions.
Mayor Wang announced that, on May 4 only, several stores and restaurants in Cupertino were
contributing a portion of purchases to the support of Cupertino schools. She also noted that May
15 was the deadline to contribute to the fundraising effort underway to protect Cupertino's
schools and save many teaching positions, and that more information was available at:
www. savecupertinoschools .org/communityd � or savecupertino.org
POSTPONEMENTS
The following items were continued to May 18:
• Item No. 3, closed session for real property negotiation
• Item No. 4, proclamation for former Cupertino Librarian Roseanne Macek
• Item No. 22, rezoning and variance for 10642 North Portal Avenue
• Item No. 25, lease with Coffee Society at Cupertino Library
Wong moved and Mahoney seconded to continue Items 3, 4, 22 and 25 to May 18. The motion
carried unanimously.
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WRITTEN COMMUNICATIONS
City Clerk Kimberly Smith distributed copies of the following written items:
• An amendment to page 5 of the minutes of April 20
• Emails opposing the proposed RV parking ordinance from Bruce McFarling, Luiz
Peregrino, Debi Chessen, and Ruby Elbogen
ORAL COMMUNICATIONS
Ray Crump thanked staff for meeting with him concerning the below market rate program. He
had some concerns about this program such as the gap between the purchase price and the market
value and he believed additional or different approaches should be reviewed regarding this
program.
Ian Wong and Chris Wong, Boy Scouts, presented two suggestions to Council. Ian recommended
that the schools start programs to make compost in gardens. This would contribute to healthy and
fresh foods which could be sold at the schools. Chris recommended changing the hours of the
library to better accommodate high school students. The total number of hours the library was
open (60) would remain the same but the proposed hours would be: Monday - Thursday 1 -9 p.m.,
Friday — Saturday 10-9 p.m. and Sunday 12 -6 p.m.
Michael Gottwald announced that on June 5 an Autism Speaks Walk would take place in San
Jose to support children with autism, and more information was available at
www.autismspeaks.org. Also on July 17 the American Cancer Society's Relay for Life would
take place at DeAnza College and on October 30 the American Cancer Society's "Making Strides
for Breast Cancer" would take place in San Jose. Mr. Gottwald asked the public to support these
events.
CONSENT CALENDAR
Wong moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item No. 15, 20, and 21 which were pulled for discussion.
Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
9. Approve the minutes from the April 20 City Council meeting, as amended.
10. Adopt resolutions accepting Accounts Payable for April 16 and 23, Resolution Nos. 10-
081 and 10 -082.
11. Adopt a resolution accepting Payroll for April 30, Resolution No. 10 -083.
12. Accept the Treasurer's Investment & Budget report for March 2010.
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13. Accept municipal improvements Sandra L. Delgado, 10739 Santa Lucia Road, Lot(s) 1
and 2, APN 342 -17 -100.
The applicant has completed City - specified improvements in the City right -of -way
including grading, retaining wall, sidewalk, handicap ramp, curb & gutter, and driveway
approach as required by the improvement agreement with the City.
14. Assembly Bill (AB) 939 Solid Waste Management programs:
a. Adopt a resolution approving the Agency Agreement for the Countywide AB939
Implementation Fee for FY 10 -1 l., Resolution No. 10 -084
b. Adopt a resolution approving the agreement for Countywide Household
Hazardous Waste Collection Program for FY 10 -11, Resolution No. 10 -085
C. Adopt a resolution authorizing execution of the first amendment to the agency
agreement for the Countywide Household Hazardous Waste Collection Program
for FY 09 -10, Resolution 10 -086
16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Homestead Mine Court, LLC, 10 Mine Court APN 316-47 -020, Resolution
No. 10 -089.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
17. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Homestead Mine Court, LLC, 10 Mine Court APN 316 -47 -021, Resolution
No. 10 -090.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
18. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Homestead Mine Court, LLC, 10 Mine Court APN 316 -47 -023, Resolution
No. 10 -091.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Homestead Mine Court, LLC, 10 Mine Court APN 316 -47 -022, Resolution
No. 10 -092.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
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May 4, 2010 Cupertino City Council
Page 6
21. Authorize the mayor to sign a letter supporting San Jose Water Company's application for
tax - exempt bonds as part of the California Pollution Control Financing Authority's
revenue bonds.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
15. Modena Investment, L.P., a California Limited Partnership, and Sunnyvale Holding,
LLC, a California Limited Liability Company, tenants -in- common, 21255 Stevens Creek
Boulevard, APN 326 -27 -035:
a. Adopt a resolution approving a Declaration of Covenants, Conditions and
Restrictions and Establishment of Easements Affecting Land, a Deferred
Improvement Agreement and a Declaration of Restrictive Covenants Resolution
No. 10 -087
Through these agreements and declarations, the owners agree to the terms and
restrictions set forth by the City of Cupertino for the subdivision of an 8.1 acre
parcel into two parcels of approximately 2.6 acres and 5.5 acres.
b. Adopt a resolution approving a Parcel Map Resolution No. 10 -088
Approval of the parcel map permits the map to be forwarded to the County for
recording, which completes the subdivision.
Jennifer Griffin noted that this item referred to the Oaks Shopping Center and she
believed this was a good example of how covenants protected the land. She thought
covenants were very important and it was worthwhile to take an historical look at what
past Councils had done regarding covenants and land use.
Mahoney moved and Wong seconded to approve Item 15a and 15b. The motion carried
unanimously.
20. Authorize support of AB 1784 regarding local roadway projects
Council member Santoro inquired about the fiscal responsibility aspect of this bill and
wondered whether the cities would be fiscally responsible. Vice Mayor Wong explained
that this bill provided a mechanism for cities to do a shared public works project. Mayor
Wang suggested taking no action until the bill had been reviewed by the Cities
Association for comment and recommendation.
Council took no action on this item at this time.
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21a. Authorize sending of attached letter to the BE Area Air Quali!Y Management District
( BAAQMD) regarding implementing of the Environmental Protection Agency's (EPA)
Proposed Rule.
Council member Chang noted that the Legislative Committee had asked for a minor
correction to the letter.
Tim Brand stated that the Air Quality District had been manipulated for years by the
cement company. He urged Council to keep the wording in the letter asking the Air
Quality District to maintain a higher standard. The Air Quality District had the ability and
Council could urge them to use it. In addition he suggested changing the word `hope' to
`ask' in the following sentence: "We hope that the BAAQMD would require those rules
even if the final EPA rules lead to a lower standard."
Mahoney moved and Wong seconded to send the letter as amended by the Legislative
Committee, which had changed the first phrase "thank you for your active
participation..." to read "thank the Bay Area Quality Management District for its
participation... " and also corrected "for a several matters" to read "for several matters."
Discussion followed about whether to retain the phrase "We hope that the BAAQMD
would require those rules even if the final EPA rules lead to a lower standard."
Mayor Wang offered a friendly amendrrLent to change the final sentence as follows:
"We would like to suggest that both the BAAQMD and Lehigh look further into this
possibility and the City Couneil ,, fges th u n n QNID to _f e ilit.,to the timely process''rre
of all pefmi#ing Fequired for the an - of a si}gle -sue ". Santoro seconded, and
the motion failed to carry 3:2 with Council members Chang, Wong, and Mahoney
voting no.
Council member Chang moved to amend the original motion to change the word `hope'
to `ask' in the following sentence: "We hope -ask that the BAAQMD would require those
rules even if the final EPA rules lead to a lower standard." The motion failed for lack of a
second.
Council members voted on the main motion as offered by Council member Mahoney, and
the motion carried 4:1 with Mayor Wang voting no. She indicated that she was willing to
sign the letter even though she had voted no.
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PUBLIC HEARINGS
22. Consider Application Nos. TM- 2010 -02 (EA- 2010 -01), Z- 2010 -01, V- 2010 -01, Pam
Yoshida (Richard Gregersen) 10642 North Portal Avenue, APN Nos. 316 -25 -054, 316-
25 -047, 316 -25 -048:
a. Adopt a Negative Declaration
b. Subdivide 0.618 acres into two single - family residential lots of approximately
11,737 and 13,982 gross square feet with an exception area of 1,211 square feet in
the City of Sunnyvale
C. Prezone and Rezone 0.028 acres from the City of Sunnyvale to pre- RI -7.5 and
0.590 acres to RI-7.5
d. Variance to allow a lot width of 55 feet in an R -1 zoning district where 60 feet is
required
e. Conduct the first reading of Ordinance No. 10 -2059: "An Ordinance of the City
Council of the City of Cupertino approving the prezoning and rezoning of
approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of
Sunnyvale to pre- Rl -7.5 (Single - Family Residential, 7,500 square feet minimum
lot size), and a rezoning of 0.59 acre from A1-43 to R1 -7.5 for property located
north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 048)"
Under "Postponements ", Wong moved and Mahoney seconded to continue this item to
May 18 as requested by the applicant. The motion carried unanimously.
23. Consider Application Nos. ASA- 2009 -08, U- 2009 -08 (EA- 2009 -11), TR- 2010 -08, Ken
Rodrigues (FBJ Homestead Associates, LLC), 20620, 20580 & 20680 Homestead Road
(PW Market) APNs 326 -10 -051, 326 -10 -060, 326 -10 -063:
a. Approve a Negative Declaration
b. Architectural and Site Approval to allow the demolition of 95,666 square feet of
existing commercial space and the construction of 146,458 square feet of new
commercial space consisting of four new commercial satellite buildings and three
new major tenant spaces in an existing shopping center. The approval also allows
a 24 -hour drive - through pharmacy and a second drive- through at one of the
satellite buildings to operate from 6:00 a.m. to 11:00 p.m.
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May 4, 2010 Cupertino City Council
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C. Use Permit to allow the demolition of 95,666 square feet of existing commercial
space and the construction of 146,458 square feet of new commercial space
consisting of four new commerciaa satellite buildings and three new major tenant
spaces in an existing shopping center. The approval also allows a 24 -hour drive -
through pharmacy and a second drive- through at one of the satellite buildings to
operate from 6:00 a.m. to 11:00 p.m.
d. Tree Removal Permit to allow the removal and replacement of up to 124 trees as
part of a proposed development application
Senior Planner Piu Ghosh presented an overview of the project and said that staff
concurred with the Planning Commission's recommendations, with the exception of the
second drive- through proposed for one of the satellite buildings. Staff recommended
adding language to the Construction Management Plan to reflect that the northerly
driveway to the Goodyear Tire Store shall not be blocked. Staff also recommended that
improvements to the fire apparatus be made. The applicant concurred with both of these
requests. Staff also agreed with the applicant's request for a change in the phasing plan.
It was noted that this project proposed 23 fewer parking spaces than required by the
City's Parking Ordinance. However, staff had determined that the impacts on parking
were less than significant. Council did have the option however of requiring a shared
property agreement with neighboring properties or of reducing the square footage of the
project if they did not agree.
On the subject of the gateway sign, Ms. Ghosh noted that the General Plan identified six
gateways to the city and, as with similar properties near these gateways, staff
recommended that the applicant contribute $25,000 towards the gateway feature along
DeAnza Boulevard. The Planning Commission recommended that this amount be
subtracted from the public art requirement which stated that new developments would
provide an art feature worth 0.25% of the project proforma up to $100,000. Staff noted
that it was difficult to determine the public art requirement and the balance available if
$25,000 for the gateway feature was subtracted as the applicant could not provide a
project proforma at this time.
Ken Rodrigues, project architect, stated that they concurred with the Planning
Commission's recommendations but strongly supported the need for two drive - throughs —
one for the pickup window at the pharmacy and one for a use such as a bank or coffee
shop. Regarding the gateway and public art costs, he noted that for this project they would
be paying the maximum $100,000 and they supported deducting the $25,000 gateway
sign costs from the $100,000. Mr. Rodrigues commented on the importance of trees in the
parking lot but noted he could discuss roof located solar with the tenants. He also noted
that underground parking was very expensive and not popular today with customers.
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May 4, 2010 Cupertino City Council
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John Machado, leasing agent, commented on the current tenants who would be staying
(TJ Maxx, Rite -Aid and PW Market) and potential other tenants. He too stressed the
importance to the project of the drive - throughs. They created value for the project and
brought in financing. Many businesses would not consider leasing without a drive -
through. He also preferred not to have restrictions imposed on the type of business that
could have a drive- through.
A representative from Rite -Aid commented on their plans for a new concept store which
had a different layout than the existing store and focused on health and well being.
A representative from PW Market stated that they wanted to continue with their location
in Cupertino. He also noted that financing was difficult in these times and any assistance
from the Council toward the completion of this project would be appreciated.
Jennifer Griffin noted that this was a high profile project and a destination shopping
center. She believed it was important to have enough parking, clear drive - throughs and
security especially for the patrons of the 24 -hour Rite Aid.
Steve Scharf stated he was glad the developer was not building condos on this site and
would also like to see a big box store there. He would like to see an In & Out put in the
center and one that was open to 1:30 am. He commented that many restaurants would not
come to Cupertino because they could not stay open late.
Community Development Director Aarti Shrivastava read a suggested condition from the
Public Works Director which addressed a concern about the call box location at the drive -
through window could cause a circulation problem and have a negative impact on the
flow of traffic off the central driveway from Homestead- Road.
Wong moved and Mahoney seconded to adopt a Negative Declaration. The motion
carried unanimously.
Wong moved and Mahoney seconded to ( 1) Approve the tree removal permit to allow the
removal and replacement of up to 124 trees; (2) A pprove the architectural and site
approval to allow demolition and construction with conditions noted below, and approve
the use permit with the conditions noted below. The motion carried unanimously.
The Architectural and Site Approval was approved with the following conditions:
Change condition No. 11 to read:
Public art
The applicant shall install public art, in locations approved by the fine arts
commission, prior to final occupancy. The public art shall be valued at a
minimum of one - quarter percent (1 /4 %) of the total project budget, not to exceed
$100,000. The applicant shall submit a public art plan to be reviewed by the fine
arts commission prior to installation of the public art.
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May 4, 2010 Cupertino City Council Page 11
• Change condition No. 12 to read:
Gateway d
The applicant shall pay $10,000 i:oward the installation of a gateway feature /sign
in the project vicinity. The amount shall be paid to the public works department.
• Change condition No. 3 to read:
Phase IA:
The following improvements will be completed to the satisfaction of the Director
of Community Development and the Director of Public Works prior to final
occupancy of the phase IA building (Rite Aid):
A. Separated sidewalk in public right of way along homestead road associated
with phase 1 A improvements
B. Street landscape improvements in public right of way along Homestead
Road associated with phase 1A improvements
C. Pedestrian improvements in right -of -way recommended by the Fehr and
Peers, inc. Traffic report, dated A]')ril 1, 2010.
D. Parking lot improvements in area associated with phase 1 A construction as
identified on exhibit B (see attached).
Phase IB:
The following improvements will be completed to the satisfaction of the Director
of Community Development and the Director of Public Works prior to final
occupancy of the phase 1B building (pad buildings 2, 3 and 4):
A. Separated sidewalk in public right of way along Homestead Road and
Franco Court associated with phase 1 B improvements
B. Street landscape improvements in public right of way along Homestead
Road associated with phase 1B improvements
C. Pedestrian improvements in right -of -way recommended by the Fehr and
Peers, inc. Traffic report, dated April 1, 2010.
D. Parking lot improvements in area associated with phase 1B construction as
identified on exhibit B (see attach-,d).
Phase II:
Complete the rest of the shopping center (major 1, major 2 and major 3,
associated parking and landscaping) as identified on exhibit B (see attached).
• Add the following to condition No. 13 (construction management plan):
The northerly driveway providing, access to the good year auto service store shall
not be blocked unless notice to the adjacent property owner is provided, consent is
obtained and alternative means of access to the site is provided
• Add the following condition:
Fire department apparatus:
Improvements to the fire apparatus located at the N. De Anza Boulevard driveway
shall be made to the satisfaction of the fire department prior to building occupancy
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May 4, 2010 Cupertino City Council
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The Use Permit was approved with the following conditions:
• Change condition No. 15 to read:
Public art
The applicant shall install public art, in locations approved by the Fine Arts
Commission, prior to final occupancy. The public art shall be valued at a
minimum of one - quarter percent (1/4 %) of the total project budget, not to exceed
$100,000. The applicant shall submit a public art plan to be reviewed by the Fine
Arts Commission prior to installation of the public art.
• Change condition No. 16 to read:
Gateway fund
The applicant shall pay $10,000 toward the installation of a gateway feature /sign
in the project vicinity. The amount shall be paid to the Public Works Department.
• Change condition No. 6 to read:
Phase IA:
The following improvements will be completed to the satisfaction of the director
of Community Development and the Director of Public Works prior to final
occupancy of the phase I building (Rite Aid):
A. Separated sidewalk in public right of way along Homestead Road
associated with Phase 1 A improvements
B. - Street landscape improvements in public right of way along Homestead
Road associated with Phase 1 A improvements
C. Pedestrian improvements in right -of -way recommended by the Fehr and
Peers, inc. Traffic report, dated April 1, 2010.
D. Parking lot improvements in area associated with phase 1 construction as
identified on exhibit B (see attached).
Phase IB:
The following improvements will be completed to the satisfaction of the Director
of Community Development and the Director of Public Works prior to final
occupancy of the phase lb building (pad buildings 2, 3 and 4):
A. Separated sidewalk in public right of way along homestead road and
Franco court associated with phase 1 B improvements
B. Street landscape improvements in public right of way along Homestead
road associated with phase 1 B improvements
C. Pedestrian improvements in right -of -way recommended by the Fehr and
Peers, inc. Traffic report, dated April 1, 2010.
D. Parking lot improvements in area associated with phase 1 B construction as
identified on exhibit B (see attached).
Phase II:
Complete the rest of the shopping center (major 1, major 2 and major 3,
associated parking and landscaping) as identified on exhibit B (see attached).
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May 4, 2010 Cupertino City Council Page 13
• Add the following to condition No. 17 (construction management plan):
The northerly driveway providing access to the Good Year Auto service store
shall not be blocked unless notice to the adjacent property owner is provided,
consent is obtained and alternative means of access to the site is provided
• Add the following condition:
Fire department apyaratus:
Improvements to the fire apparatus located at the N. De Anza Boulevard driveway
shall be made to the satisfaction of the fire department prior to building occupancy
UNFINISHED BUSINESS
24. Reschedule the study session with regula #ors regarding Lehigh air quality because the Bay
Area Air Quality Management District is not available on June 22. (Staff suggests July 20
at 3:00 p.m.). No documentation in packet.
Council concurred to hold the study session on July 20, 3:00 p.m., in the City Council
Chambers.
NEW BUSINESS
25. Authorize the City Manager to execute a new five -year lease with Jackie Streeter, the
owner of the Coffee Society at the Civic Center with the terms approved by the, City
Council during negotiation.
Under "Postponements ", Wong moved and Mahoney seconded to continue this item to
May 18 as requested by the applicant. The motion carried unanimously.
26. Conduct the first reading of an ordinance adding Section 11.24.250 to the Cupertino
Municipal Code regarding parking recre vehicles in excess of ten days on public
streets.
Ordinance No. 10 -2060: "An ordinance of the City Council of the City of Cupertino
adopting Section 11.24.250 of the Cupertino Municipal Code regarding restricting
recreational vehicle parking in residential neighborhoods."
The following expressed their opposition to the proposed ordinance: Doroh Drusinsky,
Luiz Peregrino, Stuart Chessen, Joe Darosa, Keith Murphy, Tom Hugunin and Bruce
McFarling. They stated that neighboring cities had no such ordinance regarding
recreational vehicles and this ordinance was discriminatory against the owners of
recreational vehicles. in addition it was riot clearly defined and caused great difficulty for
visitors. They questioned the noticing fbr this ordinance and also questioned why the
Council was considering an ordinance for such a minor issue.
The City Council concurred to take no action and the item was tabled.
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May 4, 2010 Cupertino City Council Page 14
ORDINANCES
27. Conduct the second reading of Ordinance No. 10 -2058: "An Ordinance of the City
Council of the City of Cupertino repealing the existing Chapter 14.15 of the Cupertino
Municipal Code, Xerisca e Landsca in , and adopting a new Chapter 14.15, Landscape
Ordinance, in order to establish new landscaping regulations pursuant to the California
Water Conservation in Landscaping Act."
Mahoney moved and Chang seconded to read the ordinance by title only, that the City
Clerk's reading would constitute the second reading thereof, and that the ordinance was
amended to indicate that (1) The trigger point threshold would be 2500 square feet for
single family homes; and to (2) Add a sentence in 14.15.100 (Page 27 -12) to read "City
shall adopt reasonable rules and regulations on the process for determining what
constitutes existing landscaping larger than one acre. Ayes: Chang, Mahoney, Santoro,
Wang, and Wong. Noes: None.
Mahoney moved and Chang seconded to enact Ordinance No. 10 -2058. Ayes: Chang,
Mahoney, Santoro, Wang, and Wong. Noes: None.
STAFF REPORTS - None
COUNCIL REPORTS
Vice -Mayor Wong commented on the following events: Asian American Heritage Month,
welcome to Linda Thorpe, the new Chancellor of the Foothill/DeAnza College District by the
Asian American Community, the League of California Cities Conference in Washington, D.C.,
the Cherry Blossom Festival and the Silicon Valley Korean School Sports Day. Councilmember
Mahoney attended the League of California Cities Bocce Ball Tournament. Council Member
Chang visited the LeHigh Plant and attended the community meeting on LeHigh at City Hall.
Council Member Santoro noted that he would invite the Sister City delegation to report to
Council upon their return from Toyokawa. Mayor Wang noted that she had attended the Expo
and reported on Cupertino's environmental activities. Many expressed an interest in learning
more about what the city was doing and the Mayor again thanked Erin Cooke for her excellent
report on this subject earlier in the meeting.
ADJOURNMENT
At 11:45 p.m., the meeting was adjourned.
Kimberly Smith, City Clerk
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EXHIBITS
BEGIN
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May 4, 2010 Cupertino City Council Page 7
21a. Authorize sending of attached letter to the Bay Area Air Quality Management District
(BAAQMD) regarding implementing of the Environmental Protection Agency's (EPA)
Proposed Rule.
Council member Chang noted that the Legislative Committee had asked for a minor
correction to the letter.
Tim Brand stated that the Air Quality Di strict had been manipulated for years by the
cement company. He urged Council to keep the wording in the letter asking the Air
Quality District to maintain a higher standard. The Air Quality District had the ability and
Council could urge them to use it. In addition he suggested changing the word `hope' to
`ask' in the following sentence: "We hope that the BAAQMD would require those rules
even if the final EPA rules lead to a lower standard."
Mahoney moved and Wong seconded to send the letter as amended by the Legislative
Committee, which had changed the first phrase "thank you for your active
participation..." to read "thank the Bay Area Quality Management District for its
participation... "; corrected "for a several matters" to read "for several matters. "; and
remove the bracketed phrase "We hope that the BAAQMD would require those rules
even if the final EPA rules lead to a lower standard."
Mayor Wang offered a friendly amendment to change the final sentence as follows:
"We would like to suggest that both the :BAAQMD and Lehigh look further into this
possibility and the City Council urges the ! • • e ' ' ` = • • - - - "' o = - • --
4-all-permitting required for the construction of a single - stack ". Santoro seconded, and
the motion failed to carry 3:2 with Council members Chang, Wong, and Mahoney
voting no.
Council member Chang moved to amend the original motion to change the word `hope'
to `ask' in the following sentence: "We lope ask that the BAAQMD would require those
rules even if the final EPA rules lead to a lower standard." The motion failed for lack of a
second.
Council members voted on the main motion as offered by Council member Mahoney, and
the motion carried 4:1 with Mayor Wang voting no. She indicated that she was willing to
sign the letter even though she had voted no.
•
-':":1-72 IC4 \HI: 1 B