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01. Draft Minutes I CUPE~INO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, June 20, 2006 ROLL CALL At 5:37 p.m. Mayor Richard Lowenthal called the meeting to order in the City Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Orrin Mahoney and Dolly Sandoval. Absent: Patrick Kwok. INTERVIEWS At 5:38 p.m. the City Council members relocated to Conference Room A of City Hall, 10300 Torre Avenue. 1. Conduct interviews for a Parks and Recreation Commission unscheduled vacancy. Mr. Derek Chen and Ms. Sakunthula Nallamotu were interviewed. Council voted to appoint Derek Chen to the unscheduled vacancy on the Parks and Recreation Commission with a term ending January 2008. RECESS The City Council was in recess from 6:05 to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENT A TIONS - None f.-I June 20, 2006 Cupertino City Council Page 2 POSTPONEMENTS Sandoval/Wang moved and seconded to reorder the agenda to take up item No. 11, related to the budget, after item No. 16, regarding the Stevens Creek Corridor. The motion carried unanimously. WRITTEN COMMUNICATIONS The City Clerk distributed the following items: Regarding item 11: A copy of the proposed budget for Fiscal Year 2006-2007, and memos from the Public Works Director regarding the Stocklmeir Pedestrian Bridge and the Community Hall Lobby Door. Regarding item 15: A staff report regarding the proposal for Council salary increases. ORAL COMMUNICATIONS CONSENT CALENDAR Wang/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item Nos. 2 and 9, which were pulled for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 3. Adopt resolutions accepting Accounts Payable for June 2 and 9, Resolution Nos. 06-107 and 06-108. 4. Adopt a resolution accepting Payroll for June 2, Resolution No. 06-109. 5. Adopt a resolution setting a hearing date of July 18 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 06-110. 6. Accept applications for Alcoholic Beverage Licenses: a) Albertson's LLC, 10425 De Anza Blvd. b) Chuck E. Cheese 786, 19805 Stevens Creek Blvd. 7. Adopt resolutions approving improvement agreements: a) Andy A. Tu and Lily L. Miao, 10690 Merriman Road, APN 342-16-120, Resolution No. 06-111 b) Lumin S. Chang and Li Shing Chang, 21915 Lomita Avenue, APN 357-16-068, Resolution No. 06-112 r- ::L June 20, 2006 Cupertino City Council Page 3 c) Baldev Singh Jandu and Harinder Kaur Jandu, 10276 Orange Avenue, APN 357- 19-032, Resolution No. 06-113 Through the improvement agreement with the City, these applicants for a single-family dwelling building permit will be obligated to bond and construct City-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 8. Adopt resolutions approving grants of easement for roadway purposes: a) Andy A. Tu and Lily L. Miao, 10690 Merriman Road, APN 342-16-120, Resolution No. 06-114 b) Lumin S. Chang and Li Shing Chang, 21915 Lomita Avenue, APN 357-16-068, Resolution No. 06-115 c) Baldev Singh Jandu and Harinder Kaur Jandu, 10276 Orange Avenue, APN 357- 19-032, Resolution No. 06-116 The owners grant the City of Cupertino, for public roadway purposes, the right of way to construct, repair, operate, and maintain any and all public utilities and improvements that shall be or become necessary. 10. Adopt a resolution electing to receive the City's share of property tax increment pass- through from the City's Redevelopment Agency, Resolution No. 06-117. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Approve the minutes from the May 30 and 31, and June 6 City Council meetings. KwoklSandoval moved and seconded to approye the three sets of minutes, with an amendment to the minutes of June 6, 2006, page 8, paragraph 4, to reflect that the applicant (Mr. Tsachres, owner of the Blue Pheasant) shall be responsible for paying the costs of initiating the process to request an extension of operating hours. The motion carried unanimously. 9. Accept municipal improvements, Belinda Lee, 22260 Cupertino Road, APN 326-50-031. (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, driveway, and storm drain work, as required by the improvement agreement with the City for a single-family dwelling building permit. Staff explained that the paragraph above described the municipal improvement, since no documentation was included in the packet. KwoklWang moved and seconded to accept the municipal improvements at 22260 Cupertino Road. The motion carried unanimously. 1- 3 June 20, 2006 Cupertino City Council Page 4 12. Consider adopting a resolution for the annual renewal of fees for the Storm Drainage Nonpoint Source Program, FY 2006-07, with no increase in current fee rates, Resolution No. 06-120. KwoklSandoval moved and seconded to adopt Resolution No. 06-120. The motion carried unanimously. 13. Consider an appeal of the Planning Commission's decision to approve Application No. TR-2006-07, Anthony Christen, 19900 Stevens Creek Blvd. (former Suburban House site). APN 369-05-038, a Tree Removal Permit to trim trees greater than 25% of the tree canopy and removal of a redwood tree at an existing commercial site. The appellant is Vice-Mayor Kris Wang. Vice Mayor Wang stated that she had appealed this Planning Commission decision because the trees had been removed without a permit and there had been no penalty imposed on the owners, which she believed set a bad precedent. Community Development Director Steve Piasecki reported that in January 2006 the owners had removed a Coast Redwood tree and had topped seven of the twelve Canary Island Pines on their property. The owners had stated that they had done this work after receiving verbal consent by a Service Center employee who had indicated that these trees were not protected under the city's tree ordinance. However, Mr. Piasecki noted that had the owners checked with the Planning Department they would have been advised that these trees were part of an approved landscape plan for the building and were protected. The applicant had filed a tree removal permit to have this work approved and to also top the remaining five Canary Island Pines. He stated that the pruning work was necessary for safety reasons. The City Arborist had determined that the seven topped pines were essentially destroyed and the remaining pines had been pruned over the years, removing all the lower branches, and were unlikely to regain their former shape. Anthony Christen, applicant, explained that the trees removed and/or trimmed were not heritage trees and he had not realized a permit was needed. Upon notification from code enforcement, he had applied to the Planning Commission for a permit for tree removal and replacement. Mr. Christen also noted that he had checked with the city's Heritage Tree Ordinance and he found this document confusing. It stated that a tree is required to be protected as part of a zoning tentative map use permit for privacy protection requirement in a Rl zoning district. The comma after the word 'permit' was missing which changed the meaning of the sentence.. Alan Firenzi, property owner, stated that they had safety concerns regarding the trees and had hired a licensed contractor to the work. There had been no willful intention to do the wrong thing. I-~ June 20,2006 Cupertino City Council Page 5 Scott Chiamparino, property owner, noted that he had bought the building and land thirty years ago and had always had a good relationship with the city. He noted that there had been a miscommunication with staff as to what could or could not be done with the trees but as stated previously there had been no intent to do anything wrong. Jennifer Griffin, noted that this was a highly visible building and when the pines were topped the landscaping was negatively impacted on the neighboring business. She reaffirmed that this was why cities had landscape plans for buildings and she recommended replacing the topped pines with the largest available pines. Wang/Kwok moved and seconded to uphold the appeal and accept the staffs recommendation that the existing five trees will be retained and the 8 trees will be replaced with redwoods per the arborist's recommendation. The replacement trees will be a 72-inch boxed Coastal Redwood trees in the redwood tree site and 48-inch boxed Coastal Redwood trees in the Canary Island pines site. If sizes are not available, an equivalent caliber is acceptable per the arborist's recommendation. The motion carried unanimously The City Attorney said that the Clerk could make the necessary grammatical correction to the tree ordinance (inserting the appropriate punctuation) without the City Council having to make a formal amendment to the ordinance. The City Manager said that staff would explore methods, including the Cupertino Scene, to notify residents of the requirements of the tree ordinance. UNFINISHED BUSINESS 14. Consider deletion or modification ofthe fee associated with petitions for reconsideration. Director of Administrative Services Carol Atwood stated that at their April 4th meeting Council had approved a $500 fee for requests for reconsideration of Council decisions. She reported that on average the cost to the city of such an appeal was $5,000. This decision had been appealed and Council had requested at their June 6th meeting that the issue be brought back to them for discussion. In response to a Council inquiry, Ms. Atwood noted that the current appeal fee for land use decisions was $149. Darrel Lum, reiterated his concerns that such a reconsideration fee was a deterrent to those who wished to question a Council decision. He objected to any fee for such requests. Jennifer Griffin recommended a fee of $50. She believed people could afford this amount, frivolous requests would be avoided and people would have a chance to voice their concerns. {-) June 20,2006 Cupertino City Council Page 6 Sandoval/Mahoney moved and seconded to set the reconsideration fee at the same rate as the appeal fee for land use decisions. The motion carried unanimously. Staff was directed to include the option in future staff reports that the reconsideration fee could be refunded. 15. Consider conducting the first reading of Ordinance No. 06-1985: "An Ordinance of the Cupertino City Council Amending Chapter 2.16 of the Cupertino Municipal Code, City Council- Salaries." (Requested by Council member Kwok). The City Clerk had distributed a staff report regarding the proposal for Council salary Increases. Director of Administrative Services Carol Atwood reported that Council's last salary increase was in 2001 and State Government Code provided for increases to Council salaries at a maximum rate of five percent per calendar year. Council member Patrick Kwok distributed a chart comparing the salaries of other city councils in the area. Mahoney/Kwok moved and seconded to modify Paragraph A of Ordinance No. 06-1985 to reflect a 3% per year salary increase effective November, 2007. The motion carried with Sandoval voting no. It was clarified that this vote was for a 3% increase per year for the last five years bringing the monthly salary to approximately $720. Mahoney/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading of the ordinance as amended. The motion carried with Sandoval and Lowenthal voting no. Mayor Lowenthal explained that he voted yes on the first motion because it limited the amount of the raise being considered but he voted no on this motion because he did not agree with any salary increase. RECESS The Council was in recess form 8:32 p.m. to 8:40 p.m. NEW BUSINESS 16. Certification of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Stevens Creek Corridor Proiect (SCCP). (This item will be heard before item 11, Budget). A joint presentation on this project was made by Parks and Recreation Director Therese Smith, consulting Environmental Planner 1 ana Sokale, and Christine Schneider of Thomas Reid Associates, Environmental Consultants. (-~ June 20, 2006 Cupertino City Council Page 7 They explained that the CEQA (California Environmental Quality Act) document analyzed all of the issues regarding the Stevens Creek Corridor Project. When all phases of this project are complete the following will have been accomplished: reduction of commercial picnic areas, restoration of in stream and riparian habitats along the creek within the 100-year flood plain, enhancement of adjacent upland oak woodland habitat, construction of a 5,900 foot all weather trail, construction of neighborhood park amenities for year round use, and development of a new environmental education center. Thomas Reid Associates determined the following findings for this project: 1) the proposed project will provide enhanced riparian habitat for the federally-listed Steelhead trout and 2) The project's negative effects can be avoided or reduced through the implementation of the mitigated measures listed in the Initial Study/Mitigated Negative Declaration. None of the public comments received resulted in the need for new environmental analysis nor did they result in any changes to the project. Staffs recommendation was that Council certify the Initial Study/Mitigated Negative Declaration for the Stevens Creek Corridor Project. The following individuals stated their concerns regarding the Stevens Creek Corridor Project and the mitigated negative declaration: Joe Camarda (Cupertino Lions Club) Bill Fry Dale Compton Deborah Jamison Donna Austin Jack Goodman Nancy Teater Eumhee Kim Felicia Chen Daniel Chen Marilyn Goodman Paulo Franca Rao Dayaneni Alex Tsai David Greenstein Jennifer Griffin Nicole Rau (Mgr. of the Cupertino Historical Society Museum) Carol Stanek Akshya Prakash Mark McKenna Wendy Liu Henry Liu Rhoda Fry Their comments included: o Opposition to closing the park for a year for construction o Loss of trees due to creek redesign - violation of tree ordinance o Blackberry Farm becoming a business park and not a neighborhood park o Trash is a problem and should be in enclosed containers o Use of alcohol at park o Mostly used by non-residents o Historical Society should have time to formulate plans for Stocklmeir property o Not sufficient community discussion and input o Separate smaller parking lot not necessary o Too many uses being proposed for land o Negative impact on riparian habitats o Stocklmeir orchard should be preserved - historical significance o Traffic and safety concerns regarding San Fernando entrance i-l June 20, 2006 Cupertino City Council Page 8 o Negative impact on neighborhood o Bicyclists and joggers problematic o Allowing dogs is ill advised o Negative impact of noise o Enforcement issues o Parking limitations o Against closure of bridge at Scenic Circle o Parking should not be restricted in certain areas o Suggestion made that dogs be allowed only during certain hours The following individuals stated their support of the Stevens Creek Corridor Project and the mitigated negative declaration: Pat Showalter, Santa Clara Valley Water District Jason Christie, Santa Clara Valley Water District Aaron Grossman, Executive Director of Friends of Stevens Creek Trail Sheila Martin Their comments included: . Well designed project . Significant improvement of natural habitats . Creek restoration . Trail realignment . City's excellent efforts to obtain grants for this project . Neighborhood park as well as a community park . Great asset to the community Council discussed several of the issues raised including: project's compliance with the General Plan, traffic, safety, one-year closure of park, access, enforcement, resident vs. non-resident usage and loss of orchard due to creek realignment. RECESS Council was in recess from 11 :04 p.m. to 11: 10 p.m. PUBLIC HEARINGS - continued Mayor Lowenthal interrupted the discussion on item No. 16 to take up the budget item No. 11 next. 11. Receive public comments, discuss, and adopt the 2006-07 budget. a) Grant a negative declaration b) Adopt a resolution establishing an operating and capital budget for fiscal year 2006-07, Resolution No. 06-118 {-a June 20, 2006 Cupertino City Council Page 9 c) Adopt a resolution establishing an appropriation limit for fiscal year 2006-07, Resolution No. 06-119 The City Clerk distributed a copy of the proposed budget for Fiscal Year 2006-2007, and memos from the Public Works Director regarding the Stocklmeir Pedestrian Bridge and the Community Hall Lobby Door. Craig Slama, representin~ the Cupertino High School Tournament of Bands, noted that this event was in its 36t year and this year would be held on October 14th. He was appreciative of any support from the city and specifically asked if the special event fee could be waived. Julia Miyakawa commented that the Tournament of Bands was the longest running event in the city. She also noted that 100% of the net proceeds from this event went to the bands and to music programs. Ms. Miyakawa asked for Council's financial support for this event. Ed Hirschfield thanked the Council for their support of the tennis court lighting project at the Sports Center. Rhoda Fry addressed the issue of profit generated from Blackberry Farm and its decline over the years. She suggested Council should look at property trends and at refocusing their priorities for such lands. Mark Walker, CEO for United Way Silicon Valley, asked Council to join with Morgan Hill, Mountain View, San Jose and the County of Santa Clara in their support of the 211 toll-free information and assistance referral telephone and website project. Bruce Liedstrand urged Council to support the North Area Vallco Concept Study. He believed this was an excellent opportunity for good community planning. Getting the community involved in such a project would help them understand the issues better. Mark McKenna offered to work with staff on the restoration of the Stocklmeir property. Marty Miller, Planning Commission Chairperson, urged Council to support the North Area Vallco Concept Study. He noted that there was the opinion that developers were driving decisions made by the city. This project however would look at the process differently by establishing a master plan for the area. By getting input and agreement from residents of the plan in advance, problems and controversies could be avoided in the future. Sandoval/Kwok moved and seconded to approve the following: 1) tennis court lighting design - $50,000, lighting construction - $200,000 08-09; 2) revisit fixing the Quinlan Fountain at midyear; 3) community festival funding - $100,000 (this includes the $35,000 (-1 June 20, 2006 Cupertino City Council Page 10 in-lieu fee waivers). Staff will bring back a report on suggested distribution of this funding.; 4) TV public engagement program - $25,000; 5) fine arts grants - $2,500; and 6) delete earthquake insurance - $100,000. Motion carried with Mayor Lowenthal voting no. Sandoval/Mahoney moved and seconded to approve the following: 1) Stocklmeir preservation budget - $50,000; 2) community hall automatic door - $45,000; and 3) service club memberships - $2,500. The motion carried with Council member Kwok voting no. KwoklLowenthal moved and seconded to fund the North Area Vallco Concept Study for $100,000. The motion carried with Vice Mayor Wang and Councilmember Mahoney voting no. Sandoval/Kwok moved and seconded to allocate $2,000 for the 211 service. It was left to staffs discretion to determine if this amount could be obtained from the Community Development Block Grant funds. The motion carried unanimously. Sandoval/Kwok moved and seconded to a) grant a negative declaration; b) adopt resolution establishing an operating and capital budget for fiscal year 2006-07, Resolution No. 06-118 as amended by Council; and c) adopt a resolution establishing an appropriation limit for fiscal year 2006-07, Resolution No. 06-119. The motion carried unanimously. Item 20 was moved forward on the agenda 20. Receive a report regarding tree removal on the Knopp property. Community Development Director Steve Piasecki reported that in May 2006 Code Enforcement advised Mr. Knopp of the illegal removal of two trees on his property. Mr. Knopp advised the city that the trees had been removed illegally by someone else and he had filed a police report. In June Mr., Knopp filed an application for tree removal. Mr. Piasecki noted that removal of trees was inconsistent with the approval given for Mr. Knopp's subdivision and no final map will be approved until the tree issue is resolved. This report tonight was for Council's information only. No action was required. This matter was scheduled for a July meeting of the Planning Commission. Mr. John Knopp reiterated he had filed a police report and fully expected to be reimbursed by the person who removed these trees for all costs related to this situation. On a related subject, Mr. Knopp asked for respect of his private property. While of course emergency vehicles had access he did not believe city staff or neighbors or Planning Commissioners had the right to go on his property uninvited. Jennifer Griffin stated that she was distressed at the removal of these trees and it was a situation that seemed to be happening repeatedly in the city. She urged Council to protect trees of significance in the community. 1.-(0 June 20, 2006 Cupertino City Council Page 11 Council accepted this status report and, while making no decision on the matter, did direct the Planning Commission to see that these trees were replaced in the same location and not elsewhere on the property. 17. Review bids and award contract for the 2006 Annual Overlay, Project No. 2006-9450 to O'Grady Paving, Inc., in the amount of $697,701.00, and approve a construction contingency of $69,799.00 to cover any unforeseen work required to complete the project, for a total of $767,500.00. Sandoval/Kwok moved and seconded award the contract to O'Grady Paving, Inc. The motion carried unanimously. 18. Review bids and award contract for Pavement Restoration, Project No. 2006-02 to G. Bortolotto & Co. Inc., in the amount of $127,806.00 and approve a construction contingency of $32,194.00 to cover any unforeseen work required to complete the project, for a total of $160,000.00. Sandoval/Kwok moved and seconded to award the contract to G. Bortolotto & Co., Inc. The motion carried unanimously. 19. Adopt a resolution authorizing the City Manager to negotiate and execute an agreement between the Cities of Cupertino and San Jose for the Overlay of Stern Avenue between Stevens Creek Boulevard and approximately 340 Linear Feet South of Stevens Creek Boulevard, Resolution No. 06-121. Sandoval/Kwok moved and seconded to adopt Resolution No. 06-121. The motion carried unanimously. NEW BUSINESS - continued City Council resumed the discussion on item No. 16. 16. Certification of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Stevens Creek Corridor Proiect (SCCP). Council members raised several issues that they wanted to address in future discussions on this project, including: reduction of garden plots; no buses at San Fernando entrance once trail is open at both ends; the San Fernando entrance should be closed to cars for the remaining 256 days; consider encouraging more equitable use of park by residents and non-residents; serious penalties for dogs off leash; keep the bridge at Scenic Drive; consider not moving the creek by the Stocklmeir house and putting the trail on the west side as close to the creek as possible; keep one of the volley ball courts outside ofthe pay area as well as the softball fields; have a bus pull out at McClellan; consider parking options; require a permit and deposit for alcohol use; and reduce the amount of orchard to be removed. No action was taken on these items. Council members also asked that staff return for further discussion on whether to change plans regarding the Blackberry Farm plcmc use. (-ll June 20, 2006 Cupertino City Council Page 12 KwoklSandoval moved and seconded to certify the Initial Study/Mitigated Negative Declaration for the Stevens Creek Corridor Project. The motion carried unanimously. ORDINANCES 21. Conduct the second reading of Ordinance No. 06-1982: "An Ordinance of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention and Watershed Protection." Mahoney/Kwok moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Mahoney/Sandoval moved and seconded to adopt Ordinance No. 06-1982. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ST AFF REPORTS COUNCIL REPORTS ADJOURNMENT At 12:50 p.m. the meeting was adjourned. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. (-/~