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CC 02-06-07 CUPEIQ"INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 6, 2007 ROLL CALL At 6:00 p.m., Mayor Wang called the meeting to order in the City Council Chamber, 10350 Torre Avenue, Cupertino. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal (6:03 p.m.), Orrin Mahoney, and Dolly Sandoval (6:03 p.m.). Absent: none. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Steffen Thornton vs. City of Cupertino. (No documentation in packet). 2. Labor negotiations - Government Code Section 54957.6 regarding initial proposals with Cupertino Employees Association (CEA) and Operating Engineer's Local No.3 (OE3). (No documentation in packet). At 6:00 p.m., Council went into closed session. At 7:25 the Council reconvened in open session. The City Attorney announced that the City Council authorized the city attorney to settle the pending litigation in the amount of $39,500, and authorized the city's representatives to conduct labor negotiations along the lines discussed in closed session. PLEDGE OF ALLEGIANCE At 7:25 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal (absent 10:06 p.m. - 10:17 p.m.), Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENT A TIONS 3. Commissioner swearing-in ceremony. (No documentation in packet). February 6,2007 Cupertino City Council Page 2 Mayor Wang welcomed all of the commissioners and thanked them for their service. The City Clerk gave the oath of office to the recently appointed and re-appointed members. 4. E-Services presentation regarding Parks and Recreation on-line registration. (No documentation in packet). Michael Bookspun, Administrative Assistant, demonstrated how people can use a computer to register for Parks and Recreation activities and classes. He said future enhancements will also permit computer registration for golf tee times. 5. Educational health video. (No documentation in packet). The City Council watched a light-hearted public service announcement titled "Why Don't We Do It In Our Sleeves" that showed how to cover sneezing and coughing to help prevent the spread of disease. .6. Adopt a resolution regarding health awareness, Resolution No. 07-017. Kwok/Lowenthal moved and seconded to adopt Resolution No. 07-017. The motion carried unanimously. 7. Receive an update on Vallco. (No documentation in packet). Vallco General Manager Mike Rohde presented the following status report on Vallco: . The parking structures at Macy's and JCPenney were done with the upper level at Macy's due to open with the opening of the theatres, and the upper level at JCPenney's to open in the next few weeks. . The tentative opening for the AMC theatres was set for the end of April, 2007. . Regarding the mall interior, part of the new flooring was installed and would be completed by mid-April. Also, the updated ceiling has been painted and new lighting will be added. . Strikes is a 30,000 sq.ft. state-of-the-art bowling experience. with 32 bowling lanes, over 75 videos and virtual reality games, an upscale restaurant (one that will not compete with the food court), and party rooms. . The food court should be ready for tenants to start their tenant improvements in April or May. There will be 12 units that seat over 650 people. . The new mall exterior on Wolfe Road will change the fac;ade of Vall co, with the third level of the theatres adding an impressive element to the exterior. February 6,2007 Cupertino City Council Page 3 . California Pizza Kitchen will be breaking ground this spring with a six-month build-out, and both it and Islands Restaurant will open about the same time. . Vallco is being renamed Cupertino Square and the rebranding process will begin in March. They are also looking into the possibility of changing the name of Vallco Parkway to Cupertino Parkway. . Options are being discussed for the lower level with the focus on a children's area including children's stores and activities. . A Sheriffs Sub-Station will be on site directly behind the AMC box office on the second level. . The design for the 45,000 square foot retail area on Wolfe Road is still being reviewed, and they will be reviewing this redesign with city staff in about 30 days. . The development ofthe "Rose Bowl" area will take place in early 2008. As part of phase two of the project, the developer is considering a hotel instead of the previously proposed condominiums. POSTPONEMENTS Mahoney/Lowenthal moved and seconded to continue item No. 21(c) to February 20 (bingo permit renewal for De Anza Force Soccer), and to continue item No. 23 to March 6 (building fees and housing mitigation in-lieu fee). The motion carried unanimously. WRITTEN COMMUNICATIONS The City Clerk distributed the following documents at the meeting: . For item No. 27, an agreement with the Cupertino Rotary Club for the use of the Tank House, as well as a letter dated January 17 from Randy Brown of Los Gatos Roofing offering to donate all labor and material needed to install a new Class "B" fire rated wood shingle roof on the Tank House. . For item No. 30, copies of four applications for the Technology, Information, and Communications Commission (TICC). ORAL COMMUNICATIONS Gordon Frolich stated that spoke to Council two weeks ago on the status of his complaint regarding his neighbor's illegally placed shed. The Director of Community Development did call him to discuss it, but did not follow up after that conversation. Mr. Frolich believed the Council should treat residents with dignity and provide a response when a complaint was filed. February 6,2007 Cupertino City Council Page 4 CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 13 which was pulled for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 8. Approve the minutes from the City Council meetings of January 8, 16, and 22. 9. Adopt resolutions accepting Accounts Payable for January 5, 12, and 19 Resolution Nos. 07-018 to 07-020. 10. Adopt resolutions accepting Payroll for December 28, January 12, and 26, Resolution Nos. 07-021 to 07-023. 11. Accept the Treasurer's Investment Report for December 2006. 12. Adopt a resolution accepting the Treasurer/Deputy Treasurer appointment, Resolution No. 07-024. 14. Accept an application for an Alcoholic Beverage License for Golden Apple Buffet, 20030 Stevens Creek Blvd. (former Hamasushi Restaurant location). 15. Adopt a resolution approving the destruction of records from the Parks and Recreation department (Quinlan), Resolution No. 07-025. 16. Accept municipal improvements. (No documentation in packet): a) Sesharao and Padmavathi Patchipala, 10455 Byrne Avenue, APN 357-12-037 b) Mehdi Moazeni and Mohsen Amini-Rad, 10580 San Leandro Avenue, APN 357- 05-045 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. 17. Accept city projects performed under contract, 2006 Annual Overlay, Project No. 2006- 9450, O'Grady Paving, Inc. (No documentation in packet). The City's contractor O'Grady Paving has completed work on the City's Annual Overlay Project. The work includes repair of existing pavement and striping in the city right-of- way. 18. Adopt a resolution approving a final map for Jinling Low and Roger Low, 21988 McClellan Road, APN 356-08-027, Resolution No. 07-026. February 6,2007 Cupertino City Council Page 5 Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 19. Adopt a resolution approving an improvement agreement, Allen K. Hsu and Cindy S. Hsu, 21926 Dolores Avenue, APN 357-14-015, Resolution No. 07-027. Through an improvement agreement with the City for a single-family development building permit, these applicants 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. 20. Approve the Planning Commission recommendation to appoint Lisa Giefer as the Environmental Review Committee representative. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. Accept the Comprehensive Annual Financial Report for 05/06. Mayor Wang noted that the General Fund balance had increased by $4.6 million and the auditors had found the city's accounting program in good order. She thanked staff for a job well done and also thanked the Audit Committee for all of their hard work. Sandoval/Kwok moved and seconded to accept the Comprehensive Annual Financial Report for 05/06. The motion carried unanimously. PUBLIC HEARINGS 21. Consider approving bingo permit renewals. (Continued from January 16): a) Senior Center Coordinating Council b) St. Joseph's of Cupertino Church c) De Anza Force Soccer (Continue to February 20) Sandoval/Lowenthal moved and seconded to approve the bingo permit renewals for the Senior Center Coordinating Council and St. Joseph's of Cupertino Church. The permit for De Anza Force Soccer was continued to February 20. The motion carried unanimousl y. 22. Consider two appeals of the Planning Commission's decision to deny an appeal of a Residential Design Review approval and a Minor Residential Permit to construct a new, two-story 4,219 square foot residence with two-second story rear yard decks, Application Nos. R-2006-08 and RM-2006-13, Cliff Cowles (Mojgani residence), 21180 Grenola Avenue, APN 326-28-057. (Continued from January 16). The appellants are: February 6,2007 Cupertino City Council Page 6 a) Jessica Rose and John Tracy b) Elena Herrera and Subir Sengupta Director of Community Development Steve Piasecki stated that this project met all of the city's ordinances and there were existing second story balconies in the neighborhood. Appeals had been filed based in part on the architectural design, the negative impact on privacy and the preservation of the oak tree. Staff suggested that Council could consider asking the owner to inset the balcony, reduce the depth of the balcony, add a screening wall around a portion of the balcony or put in a faux balcony. The option of mediation had not been acceptable to the owners. Appellant Elena Herrera restated her position regarding this project. She did not believe this balcony nor the house met the city's ordinances. Furthermore she believed the mass of this house and the balcony did not fit into the neighborhood. Mrs. Herrera also noted that the landscaping plan was insufficient and the oak tree was not protected in any of the plans. Appellant Jessica Rose noted that she had led the annexation efforts of the Garden Gate area into the city with the hope that it would better protect their privacy and neighborhood preservation rights. She noted that this balcony had a negative impact on their privacy and the landscaping plan was not sufficient. Cliff Cowles, architect representing the property owners, stated that this project met all of the city's ordinances and balconies were allowed in the city. He also noted that a privacy landscaping plan should be required and in place and as part of this his client had agreed to a full screening on the side of the balcony. Homa Mojgani, property owner, stated that she had submitted new landscaping plans to the city. She said that this process had been very time consuming and she had been emotionally and financially impacted by it. She stated that mediation had been proposed a month ago and she did not think it was necessary since the matter was coming before the Council. The following addressed the Council in support ofthe appeals filed regarding this project: Saul Chaikin, Tibor Polgor, Eric Sharps, Lester Bowers, Margaret Limberatos, Kathy Berger and Jennifer Griffin. They expressed their concerns regarding the negative impact on privacy and the existing neighborhoods. Council discussed their options regarding the project before them and noted that this was a neighborhood in transition but the negative impact of this project on the neighboring properties had not been resolved, and the landscaping plan had not been submitted in time for Council review. Mahoney/Lowenthal moved to continue this item to March 6, to allow the applicant time to modify the proposal to meet the City Council's understanding of reasonable mitigation February 6,2007 Cupertino City Council Page 7 of adverse visual impacts, and to work with the appellants to reach an agreement by eliminating or modifying the balcony, addressing minimal privacy impacts, etc. The property owner agreed to the continuance and the appellants agreed that March 6 was convenient for them. The motion carried unanimously. 23. Consider adopting resolutions regarding new fees. (Continued to March 6): a) Building fees, Resolution No. 07- b) Revision of the housing mitigation in-lieu fee, Resolution No. 07-_. Under the "Postponements" section, these items were continued to March 6. RECESS The meeting was recessed from 9:50 p.m. until 1 0:05 p.m. PUBLIC HEARINGS (continued) 24. Consider Application Nos. TM-2009-02, Z-2006-01 (EA-2006-02), TS/Civil Engineering (Lau residence), 21600 Rainbow Drive, APN 366-38-012: a) Negative Declaration b) Tentative Map to subdivide a 2.09 net acre parcel into one 40,009 square foot parcel and one 51,171 square foot parcel in a proposed RHS-40 zoning district c) Rezoning of a 2.29 gross-acre parcel from RHS-80 (Residential Hillside Zoning, 80,000 square foot minimum parcel size) to RHS-40 (Residential Hillside Zoning, 40,000 square foot minimum parcel size) First reading of Ordinance No. 07-1993: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.09 Acres From RHS-80 (Residential Hillside Zoning, 80,000 Square Foot Minimum Lot Size) To RHS-40 (Residential Hillside Zoning, 40,000 Square Foot Minimum Lot Size) Located at 21600 Rainbow Drive, Cupertino Application Z- 2006-01" Council member Lowenthal recused himself from participation on this item because of its proximity to his home. At 1 0:06 p.m., Lowenthal left the Council Chambers. The applicant's representative from TS/Civil Engineering stated that they were In agreement with all of the conditions. Jennifer Griffin stated that she had followed the steps of this subdivision process and noted that she was pleased the property was only been subdivided into two lots. She did February 6,2007 Cupertino City Council Page 8 express concern though that by doing so the Council was creating a second buildable lot which if left empty could become an attractive nuisance. Sandoval/Kwok moved and seconded to adopt a Negative Declaration and approve the tentative map TM-2009-02. The motion carried 4-0, with Lowenthal absent. The City Clerk read the title of ordinance No. 07-1993. Sandoval/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Lowenthal 25. Consider Application Nos. Z-2006-06 (EA-2006-20), Olivia Jang (Huang), 20916 and 20956 Homestead Road, APN Nos. 326-09-052 and -061: a) Negative Declaration b) Rezoning of a 2.2-gross acre site from Planned Development (Recreation, Entertainment, Limited Commercial) to CG (General Commercial) First reading of Ordinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No.2 by Rezoning Approximately 2.2 Gross Acres From P(REC, Enter, Ltd Com) To CGLocated at 20916 and 20956 Homestead Road Application Z-2006-06" At 1 0: 17 p.m., Council member Richard Lowenthal rejoined the meeting. Eric Juang, property owner, stated that the business climate had changed and he believed this rezoning this area to general commercial would be a positive change for both the city and the owners. When he was asked about making other improvements to the center, he explained that his property was between McDonalds and Homestead Lanes, but he would attempt to work with Homestead to improve lighting and other improvements. Jennifer Griffin said it appeared that the owners were trying to get more commercial accessibility, but would they also be considering housing. The following addressed the Council stating their support of the request for rezoning: Kahlil Marzban, Melinda Chang, Nancy Shyu, Pailinh Hu, Josh Chang, Aimin Zhu, Patrick Zhu, Olivia Jang (property manager of the center since 1989), Yao Pai Hsu and Stephan Hsu. Council discussed the need to revitalize this center, the importance of sales tax revenue, and the need for physical improvements such as lighting, paving, etc. Eric Juang, property owner, agreed that they needed to make the center as attractive as possible and he would discuss this with the other owners. He noted that they did not intend to put in housing because it would require a much larger area. February 6,2007 Cupertino City Council Page 9 Sandoval/Lowenthal moved and seconded to continue this item to April 3 to allow the applicant more time to prepare a plan for revitalization for the center including a report on potential future tenants and including a good faith collaboration with the other owners concerning property improvements. UNFINISHED BUSINESS NEW BUSINESS 26. Approve the conceptual design and site location ofthe Cupertino Veteran's Memorial in Memorial Park. Public Works Director Ralph Qualls noted that this memorial proposal had been presented to the Council in August, 2005 and to date $125,000 had been raised by the committee. This memorial sculpture, seating area, and landscaping will be placed in Memorial Park. Sandra James, President of the Cupertino Veterans Memorial Corporation, explained the location and the different features. She said the Walk of Remembrance would consist of pavers which could be purchased for $500 or $1,000, and those would honor anyone in the country who has served or who is serving in the military. The Wall of Honor would acknowledge all residents of Cupertino or graduates of any school in the Cupertino School District who have died in service. The bronze sculpture will honor Navy Seal Matthew Axelson, a Monta Vista graduate, and his Navy Seal partner, James Suh, both of whom were killed in Afghanistan, and it will represent all branches of the military. Ms. J ames said they hoped to dedicate the sculpture in 2007 on Memorial Day, Independence Day or Veterans Day. Ms. James acknowledged the members of the design team who had all generously donated their services. Donna Axelson thanked the Council for supporting this project. She believed it was a wonderful way to remember her son and all the others who had died in service. She also believed it spoke to the character of a community that valued democracy and freedom. Sandra James spoke on behalf of Ralph Otte, who represented the Veterans' organizations, noting they supported the project and were willing to help. Dennis Whittaker stated his support of this project and asked Council to expedite it as much as possible. He noted there was a Spring Fling scheduled at Quinlan Center for $75.00 a person as a fundraiser for this project and he urged everyone to spread the word throughout the community. This project needed the support of the public as a whole. Mahoney/Lowenthal moved and seconded to approve the conceptual design and site location. The motion carried unanimously. February 6,2007 Cupertino City Council Page 10 27. Authorize the City Manager to sign an agreement with the Rotary Club of Cupertino to lease the Nathan Hall Tank House for five years and assist in its restoration and maintenance. Administrative Services Director Carol Atwood said that staff recommended approval of the agreement as well as a budget adjustment of $41,360 to cover the costs of transfer of title, scaffolding and other repairs that would make the building watertight. Jim Walker, representing Rotary Club of Cupertino, said this partnership would benefit the city, the county and the historic Nathan Hall Tank House. Jennifer Griffin objected that a historical site was being turned over to another group. Lowenthal/Mahoney moved and seconded to accept staff s recommendation to authorize the City Manager to sign the agreement with the Cupertino Rotary Club and to make the budget adjustment. The motion carried unanimously. Mayor Wang re-ordered the agenda to consider item 31 next. 31. Conduct the first reading of ordinances regarding combining the Parks and Recreation and Bicycle Pedestrian Commissions: Ordinance No. 07-1996: "An Ordinance of the Cupertino City Council Amending Section 2.36.080 of the Cupertino Municipal Code to Add Additional Powers and Functions to the Parks and Recreation Commission." Ordinance No. 07-1997: "An Ordinance of the Cupertino City Council Repealing Chapter 2.92 of the Cupertino Municipal Code Eliminating the Bicycle Pedestrian Commission." Joe Walton, a member of the Bicycle Pedestrian Commission and city representative to the Valley Transportation Authority, was opposed to combing the commissions. He felt it could be a conflict of purpose, a conflict of priorities and a diminishment of dedication. May Koski, member of the Bicycle Pedestrian Commission, was also opposed, and said that her commission was successfully working toward the solution of transportation issues and was a known point of access to those who were interested in these issues. David Greenstein, former Bicycle and Pedestrian Commissioner and now a Parks and Recreation Commissioner, was opposed to combining the two commissions. He stated that the Bicycle Pedestrian Commission dealt with transportation issues and the Parks and Recreation Commission dealt with managing properties and recreational activities. He suggested holding fewer meetings as a way to address the staffing concerns. Council members concurred that it was a good idea to periodically review the structure of commissions, but it was apparent that these two commissions each had a different focus. In this case it was more important to focus on the number and content of the meetings. February 6,2007 Cupertino City Council Page 11 K wok/ Mahoney moved and seconded to remove from the calendar. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to state that commissioners from the Parks and Recreation Commission and the Bicycle Pedestrian Commission whose terms expired in January could continue to serve until such time as Council made Commission appointments. 28. Reconsider the $1-per-voter voluntary expenditure limit for City Council candidates in 2007. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 07-029, setting the 2007 voluntary campaign expenditure limit at $26,500.00. The motion carried unanimously. 29. Adopt a resolution authorizing the Historical Society to apply for grant funds from the Historical Heritage Commission and Department of Parks and Recreation of Santa Clara County for use on City-owned property, Resolution No. 07-028. Lowenthal/Sandoval moved and seconded to adopt resolution No. 07-028. The motion carried unanimously. 30. Conduct the first reading of Ordinance No. 07-1995: "An Ordinance of the Cupertino City Council Amending Section 2.36.010 of the Cupertino Municipal Code Modifying the Composition of the Technology, Information, and Communications Commission to Add Two Additional Members." The City Clerk read the title of ordinance No. 07-1995. Sandoval/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 32. Review and adopt the 2007-08 City Council work program. Mahoney/Kwok moved and seconded to continue this item to the next meeting. The motion carried 4-1, with Sandoval voting no. ORDINANCES 33. Conduct the second reading of Ordinance No. 07-1992: "An Ordinance of the Cupertino City Council adding Chapter 9.19 to the Cupertino Municipal Code: Water Resource Protection for Properties Adjacent to a Stream." February 6,2007 Cupertino City Council Page 12 Jennifer Griffin asked that Council protect the areas along the Calabasas watershed from excessive encroachment. Lowenthal/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. Lowenthal/Kwok moved and seconded to enact Ordinance No. 17-1992. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ST AFF REPORTS COUNCIL REPORTS ADJOURNMENT At 12:40 a.m. the meeting was adjourned. 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 View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.