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02. Draft minutes CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL - ~ Regular Meeting Tuesday, January 8, 2008 . PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor poily Sandoval 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 polly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS - City Attvrney Charles Kilian noted that his assistant had retired and to fill in until his retirement the end of the year he had brought on Marc Hynes of the firm Atkinson and Farasyin. He said that Mr. Hynes was currently the City Attorney for Atherton and Brisbane, ax~d he and his associates were quite experienced in local government issues. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Mayor Sandoval noted written communications regazding items 9; 10 and 12. ORAL COMMUNICATIONS Fari Aberg, coordinator for the Cupertino Medical Reserve Corps (NIRC}, commented on the goals and activities of the MRC and noted that they needed volunteers for this orgaxiazation. CONSENT CALENDAR Wang/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. 2-1 January 8, 2008 Cupertina City Council Page 2 1. Adopt resolutions accepting ~iccounts Payable for December 7 and 14, Resolution Nos. 08-001 and 08-002. 2. Adopt a resolution accepting Pavroll for December 14, Resolution No. 08-003. 3. Accept municipal improverzaents, Min~fei Qian & Bingqin.g Haun, 10566 Merriman Road, APN 342-16-112 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of-way, including sidewalk, curb, gutter and asphalt as required by the improvement agreement with the City. 4. Accept municipal improvements, Thomas M. McNair, 22261 McClellan Road, APN 357- 04-067 (No documentation in packet): T'he applicant has completed City-specified improvements in the City right-of-way, including grading, storm drainage, and erosion cflntrol as required by the improvement agreement with the City. 5. Accept municipal improvements, Palisade Builders, Metropolitan at Cupertino, 19501- 19507 Stevens Creek Boulevard, APN(s) 326-20-087 and 31 b-200-U84 (No documentation in packet). , The applicant has completed City-specified improvements in the City right-of-way, including on-site grading, driveway, curb & gutter and landscaping as required by the improvement agreement with the City. 6. Adopt resolutions amending Cupertino 457 deferred compensation plans to permit . employee loans and to allow self directed accounts, Resolution No. 08-004 a~nd Resolution No. 08-005. 7. Appzove an application for an Alcoholic Beverage License (Off-Sale General 21) for Loree Liquor, 19050 S~evens Creek Blvd. . 8. Recognize Tom Bradley in support of a commemorative stamp in his honor. {No . documentation in packet}. ITEMS REMOVED FROM THE CONSENT CA.LENDAR (above) - None Mayor Sandoval re-ordered the agenda to take up item No. 10 next. z-z January 8, 2008 Cupertino City Council Page 3 NEW BUSINESS 10. Adopt a resolution ordering the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 07-201, Resolution No. 08-006. The City Clerk distributed a copy af the Notice to Destroy Weeds that had been mailed out to the property owners. Wang/Mahoney moved and seconded to adopt Resolution No. 08-006 ordering the abatement of weeds. The motion camed unanimously: PUBLIC IiEARINGS 9. Consider Application Nos. U-2007-11 and M-2007-02, Wayne Okubo (Evershine), 19520-19780 Stevens Creek Blvd, APN 369-06-008 to 010: a} Use Permit approval to allow a food store Marukai totaling 28,690 square feet located in the Market~lace Shoppin~ Center (former Longs Drug site). The Planning Commission recommends denial. b) Appeal of a Planning Commission denial of a Modification to an existing Use Permit {16-U-76) to modify the conditions under which food services businesses will be allowed in the Marketplace Shoppin~ Center along the rear service corridor. The appellant is Wayne Okubo. The City Clerk distributed an email from Nadine Grant to the Planning Commission in support of the Marukai store. Cammunity Developnnent Director Steve Piasecki reviewed the project and staff and recommendations. He noted the concerns of the neighbors regarding odor, vector control and re£use. He outlined the recommended staff conditions to address these issues including self- contained refuse containers, double bagging and sealing of refuse, limitations ~on uses and access to the rear corridor and the requiremer~t that the applicant maintain a contract with a licensed vector control specialist. He nated that Resolution No. 3055 in 1987 lim.ited food uses along the rear corridor of the shopping center. The intent of this condition was to minimize the impacts from restauran#s or specialty foods fio the adjacent residential neighborhood to the south. However, this existing condition precludes all business involving food preparation without defining what is considered "food preparation". The condition also made no distinction between tex~ants that have limited or no affsite unpacts from those that do. Staff believed that the intent of the condition was to lixnit food services that may create cooking odar, vector and refuse problems. Therefore, staff recommended approval of a modification to the existing condition in order to allow food uses that do not have any offsite impacts. The Planning Commission had recommended denial of the use permit and had denied the request by the applicant for a modification to the condition of the existing use pernut to redefine the limitations of food preparation issues. The applicant was appealing this decision. 2-3 January 8, 2008 Cupertino City Council Page 4 Wayne Okubo, applicant, urged Council to approve this project. He supported a modification to Resolution No. 3055 that would allow for a restaurat~.t over 20,40Q square feet and would also allow for preparation of certain foods on site. He explained that they had eliminated their plans for a bakery and he described the packaging process for the fish and meat. Mr. Okubo also handed out a diagr~am showing the location of existing dumpsters and proposed new coznpactors, as well as a flyer regarding the Vert-I-Pack self-contained compactor/cantainer ~ and the Sonozaire 4dor neutralizer that would attach to .it. He believed these improved odor control systems would address the neighbors' concerns. Aaron Jang, representing Yogurtland, urged Council to consider a.mending Resolution No. 3055. He noted that his mother had been in the food business for 25 years and they were looking forward to running Yogurtland as a family business. It was a low maintenance franchise and one which had proven to be very popular to all demographics. However, a part of their healthy offerings included fruit toppings and that meant that the fiuit needed to be cut up on site. Mr. Jang explained the minimal. impact of this on the trash/garbage that would be generated by Yogurtland: Kenny Tagaki, representing Marukai Market, noted that the markets were very popular in Southern California and he stated they were looking forward to establishing themselves in Cupertino. He dishibuted a letter of support from Mayor Paul Tanaka, City of Gardena, on behalf of Marukai Forum and Marukai Mar~Cet. The following spoke agai.nst approving the above-referenced application: Stacie Callas, Gene West, Kali Richards, Alan Roth, Sandra Spivak, Marge Thompson, Boris Abramson, Arth~r Federico, Virginia Tamblyn, Shao Liu, Keith Murphy, Jennifer Griffn and Chris Huang. Tk~ey cited the following cancerns: noise, odors, vector control issues, public nuisance, parking, disruption of neighborhood, trash/garbage, health issues~ and the negative ixnpact on properiy vaiues. They further stated that Resolution No. 3055 should not be changed. The residents noted that in part this resolution sta#ed that "the existing resta.urant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor (Orchard Valley Market Place Shopping Center - now the Markefplace Shopping Ceiate~r) may reno.ain however, new food services involving on-site foot preparation shall not be permitted in this area". Scott Stauffez, President of the Chamber of Commerce, stated his support for this project. He believed the neighbors' complaints could be worked out and he believed #his was a business opportunity that was good for the whole Cupertino community. Kelly K1ine, the City's Economic Development Manager, commented that food establishments in shopping centers were much more prevalent than they used to be. It was important to find a good balance that allowed for these additions to the community and at the same time addressed the neighbors' concerns. Mahoney~Vong moved and seconded to approve the above-referenced use permit allowing a food store (Marukai) totaling 28,600 square feet located in the Mazketplace Shopping Center with the conditions recommended by staff and amended as follows: Condition No. 2: Refuse 2-4 January 8, 2008 Cupertino City Council Page 5 and Recycling Control - applicant shall provide self contained recycling/refuse containers, as described at this meeting, for the entire Marketplace Shoppirig Center thereby upgrading the entire existing open refuse container system; Condition #5: Early Morning Refuse and Recycling Pickup Schedule - add that the refuse and recycling pickups would occur on a daily basis weekends included dependin.g on concurrence by the L,os Altos Garbage Company; add a condition that Council will review ali issues related to this application in one year; and add a condition stating that code enforcemen,t contact information and a descziption of development activity will be posted on the Marketplace Shopping Center website. The xnotidn carried unanimously. Mahoney/Wong moved and seconded to modify condition #4 to read as foilows: "'I'he existing restaurant and specialty food services involving on-site food prepaxation which are located adjacent to the gated portion of the rear coxridar may remain; however, new food services involving on-site food . prepazation shall not be permitted in this area. Food~ preparation is defined as on-site cooking or warming of food products by the applicatian of heat. The intenit of this condition is to prohibit new food services adjoining the rear conridor that will crea.te or attract food odor, vector and refuse nuisances. Existing food establishnnents could be replaced by another food establishment that is either equal or less in intensity (size and operational characteristics)." The motion passed unanimously. Community Development Director Steve Piasecki confi~ed that this action would further define Resolution No. 3055 to apply to any businesses along the rear corridor of the Marketplace Shopping Center. . RECESS The meeting was recessed from 9:14 p.m. to 9:30 p.m. UNFINISHED BUSINESS - None NEW BUSINESS {continued) ~ 11. Consider Application Nos. EA-2007-10, U-2007-09, ASA-2407-14, and TR-2007-06, Tantau Investments, LLC, 10900 N. Tantau Ave., APN 31 b-09-Q29: ~ a) Ne~ative declaration b) Use pennit to construct a 100,0{?0 square foot, two-story office building on a 6.6- acre site c) Architectural and site approval for a 100,000 square foot, two-story ofFice building and site improvements d) Tree removal of 37 trees to construct a 100,OOU square foot, iwo-story office building and site improvements 2-5 January 8, 2008 Cupertino City Council Page 6 City Planner Aki Honda presented an~ overview of the project, including landscaping, parking, elevations and the tree removal. Ms. Handa noted that the applicant would be maintaining all of the trees on the perimeter of the site and would be replacing the removed trees with native species of trees. For any additional trees that were removed due to hazardous conditians or were considered dead, the applicant would be required to replace those trees in accordance with the Protected Trees Ordinance. Larry Wallers, applicant, noted that he was one of the four partners in this project and his partners were also present if there were any questions. Mr. Wallers commented on the tree replacement issue and also on the LEED (Leaderslup in Energy and Environment ~ Design} Silver Certification which they would be obtainiag for this project. Mr. Wallers , commented on the differences between core and shell certification and new construction certification. Larry Lens, Devcon Construction, further elaborated on the LEED Silver certification process. He noted that this certification was based on a point system for various green building features that were incorporated into a project. He noted that the new construction model did not fit into this project as it was a spec deveiopment. For example, the different guidelines ratings precluded this project from getting certain points for such things as carpeting and ceiling tiles as these wouid not be part of the project a# this time. Jetuc~ifer Cmffin noteii that this was a superfund site and deed restrictions had been placed ' on the property. Housing, schools or hospitals were not pertnitted. She s~ated her support of the office building being proposed for this property and commended the owners for their sensitivity in the development of this project. Wong/Mahoney moved and seconded to approve the negative declaration, use permit, architectural and site approval and tree removal far the above-referenced project with the following modifications to the proposed recom,mendations: use permit approved with the ~ xnodification to the green buiiding condition that the applicant will be required to obtain LEED Silver Core and Shell Certification only; and architectu~ral and site approval will be . given with the modification to the green building condition that the applicant will be required to obtain LEED Silver Core and Shell Certification only. The motion passed unanimously, ~ ORDINANCES 12. Conduct the second readina of Ordinance No. 07-2014: "An Ordinance of the Cupertino City Council amending Section 13.04.150{H} of the Municipal Code related to use of Bicycles in Citv Parks." 'i'b.e City Clerk. distributed four emails opposed to the use of bicycles on the Stevens Creek Trail and McClellan Ranch Park. The emails were from Bob Power, on behalf of the Santa Clara Valley Audubon Society, and also from Cheryl Tumer, Deborah 3amison, and Ralph Ri.ddle. 2-s January 8, 2008 Cupertino City Cowncil ~ Page 7 The City Attomey explained that this ordinance stated that one could only ride a bicycle on a paved road or path unless tlus activity was prohibited by a posted sign. A bicyclist may wheel or push a bicycle by hand over any grassy area, wooded trail or over any other area in which bicycle riding was otherwise prohibited. However, if one wanted to prevent this from happenin.g in a certain park or area this could be accompli'shed by posting a sign. Mahoney/Wong moved and seconded to read the ordinance by title onlyand that the City Clerk's reading would constitute the secflnd rea.ding thereof. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. Mahoney/Wong moved and seconded to enact Ordinance No. 07-2014. Ayes: Mahoney, Sandoval, Wang, an.d Wong. Noes: None. 13, Conduct the second rea.din~ of Ordinance No. 07-2015: "An Ordinance of the Cupertino City Council amending sections of the Cupertino Municipal Code regarding Advisorv - Commission Chairnerson and Vice Chairperson terms and extending the Term Expiration Date for the Bicycle Pedestrian and Public Safetv Commissions from January 15 to January 3U." Mahoney/Wang moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. Mahoney/Wang moved and seconded to enact Ordinance No. 07-2015. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. STAFF REPURTS COUNCIL REPORTS Council members highlighted the activities of thei.r committees and various community events. Mayor Sandoval thanked staff, the sheriff s deputies and the county firefighters for their prompt responses during the current storms. Vice Mayor Mahoney reminded everyone that January 30 was the State of fihe City address. This even# was co-sponsored by the Chamber of Coxnmerce and Cupertino Rotary and all reservations were made thraugh the Chamber. Mayor Sandoval also asked that everyone attending bring an extra can or box of food to donate to CCS, 2-~ January 8, 2008 Cupertino City Council Page 8 ADJOURNMENT •At 10:10 p.m. p.m. the meeting was adjourned. Kimberly Smith, City Clerk r Staff z-eports, backup materials, and items distributed at the meeting are available far review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Min~utes/ City CounciU Packets. ~ Most Council meeti.ngs aze shown live on Cable Channel 26, and are availabte at your convenience on the web site: Visit www.cupertino.orQ and click on View Meefiings Online. Videotapes are available at the Cupertino Library, or may be pwchased from the Cupertino City Channel, 777-2364. 2-a C U P E RT I N~O Dg~,~ ~INUTES CUPERTINO CITY COUNCII. ~ Regular Meeting Tuesday, January 15, 2008 PLEDGE OF ALLEGIANCE 'A# b:45 p.m. Mayor polly Sandoval called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge o£Allegiance. ROLL CALL Present: Mayor polly Sandoval, Vice-Mayar Orrin Mahoney, and Council members Kxis Wang and Gilbert Wong. Absent: none. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation declaring Jax~uary as National Blood Donor Month. Mayor Sandoval presen.ted the proclamation to Patricia Childress, Donor Recraitment Manager for the American Red Crass. Ms. Childress accepted the proclamation and made an appeal for more blood donors. 2. Cupertino Square shopping center update. This item was continued to February 19. POSTPONEMENTS ~ Item No. 1 l, bingo permits, was continued to Feb. 4. WRITTEN COMMUriICATIONS - None ORAL COMMUivICATIONS - None CONSENT CALENDAR Wang/Mahoney moved and seconded to approve the items on the Consent Calendar, with the exception of Itetn No. 3, which was pulled for discussion. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. 2-s January 15, 2008 Cupertino Ciry Council Page 2 Cupertino Redevelopment Agency 4. Adopt resolutions , acceptiz~g Accounts Pavable for December 28 and January 4, Resolution Nos. 08-007 and 08-008. 5. Adopt a resolunon accepting Pavroll for December 28, Resotution No. 08-009. 6. Accept the City's year-end financial reports for 2006-07. 7. Accept the Treasurer's Bud e~ t Report for November 2007. 8. Approve the extension of a twa-year contract with the city's financial auditors Maze and Associates, 9. Acceptance of munieipai improvements, Cher?g Hsin Yin & Vickie Peng, APN 357-I7- 059, l OQ38 Oran~e Avenue, (No documentatian in packet). The applicant has completed City-specified improvements in the City right-af-way, including cwrb and gutter, sidewalk, #renching and erosion control as required by the improvement agreement with the City. 10. Acceptance of municipal improvements, Adobe Tenace, A~'N 369-03-OQ1, 20128 Stevens Creek Blvd., (No documen.tation in packet}. The applicant has cozx~pleted City-specified improvemen#s in the City right-of-way, including paving and concrete, storm drain and mobilization work as required by the improvement agreement witl~. the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above} 3. Approve the minutes from the December 18 City Council meeting. Council me~mber Gilbert Wong asked to strike the last sentence of Item No. 35 on page 3- 9 of the packet. Wong/Wang moved and seconded to approve the minutes as amended. The motion carried unanimously. PUBLIC HEARINGS 11. Consider approving bingo permit renewals. Wong/Mahoney moved and seconded to continue this item to Monday, February 4 as requested by staff. The motion carried unanimously. UNFINISHED BUSINESS NEW BUSINESS z-~o January 15, 2008 Cupertino City Council Page 3 Cupertino Redevelapment Agency QRDINANCES STAFF REPORTS COUNCIL REPORTS Gouncil member Kris Wang noted that the California Cities Association~asked each member city to choose 3 topics that it would like to focus on. Each Council member concunred to email 5 topics of interest to Wang who would put together a matrix for Council to choose its top 3 topics at the Feb. 4 meeting. CLOSED SESSION 11. Closed session regarding public employee pe~rformance evaluation - Government Code Section 54954.5 - evaluation of City Manager Dave Knapp. At 7:45 p.xz~. the Council recessed ta a closed session for the City Manager's evaluation, and reconvened at 10:15 p.m. No action was taken. ~ ADJOURNMENT At 10:15 p.m. the meeting was adjourned to Tuesday, Ja~nuary 22 at b:00 p.m., 1 Q300 Torre Avenue, Conference Room A, to conduct commission interviews. Grace Schmidt, Deputy City Clerk 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 Councill Packets. Most Council meetings aze shown live on Cable Channel 26, and aze available at your convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 2-11 , . DRAF'T MINUTES CUPERTINO CITY COUNCFL C U P E RT I N O Regulaz Adjourned Meeting Tuesday, January 22, 2008 ROLL CALL At 6:00 p.m. Mayor polly Sandoval called the regular meeting to order in Conferez~ce Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor polly Sandoval, Vice-Mayor Orrin Mahoney, and Council mexnbezs Kris Wang (absent at 9:30 p.m.) and Gilbert Wong. Absent: none. ORA.L COMMUNICATIONS - None BOARDS AND COMMISSIONS INTERVIEWS 1. Interview applicants for cotnmission and committee vacancies. ~ Parks and Recreation Commission The City Council interviewed Darcy Paul, Jeff Payne, Tamara Pow, Steve Kim, Debbie Stephens Stauffer, Nancy Coss-Fitzwater, and Raj Abhyanker. A decision about the appointments was deferred to the following evening. • Planning Commission T'he City Council interviewed Nancy Coss-Fitzwater, Raj Abhyanker, Eric Rafia, Avinash Gadre, Matangi Rajamani, Paul Brophy, Ron Raberts, Geoffrey Paulsen, Winnie Lee, Jeffrey Lin, and Stephen Elich. A decision about the appoinhnents was defened to the following evening. • Technology, Information, and Coxru~nunications Commission (TICC) Council member Kris Wang was absent during these interviews, due to illness: The City Council interviewed Alexander Kalinin, William Allen, Watlace Iimura, Avinash Gadre, Ramesh Dewangan, and Paul Peta.ch. The City Council appointed incumbents William Atlen and Wallace Iimwra to fiill terms ending January 2012. ADJOURNMENT At 11:50 p.m. the city Council adjourned to Wednesday, January 23 at b:(}0 p.m. to conduct interviews for other commissions. Karnberly Smith, City Clerk 2-12 C U P E RT 1 N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeti~g Wednesday, January 23, 2008 ROLL CALL At 6:00 p.m. Mayor polly Sandoval called the regular meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, Califomia. Present: Mayor polly Sandoval, Vice-Mayor OzYin Mahoney, and Council members Kris Wang (absent at 9:30 p.m.) and Gilbert Wong. Absent: none. ORAL COMMUNICATIONS - None BOARDS AND COMMISSIONS INTERVIEWS 1. Interview applicants for cornmission and committee vacancies. ~ Senior Commission The City Council in.terviewed Mavis Smith, Thycaud Subramonian, and Steven Stone. It was noted that the sitting Senior Cominission xr~embe~rs had a meeting scheduled for the next day when they would be discussing the future of the commission, so City Council directed staff to contact all the candidates and invite them to attend that meeting. StafF was also directed to prepare a report docume~ring the outcome of the meeting, to be presented at tbe City Council mee#ing of February 4, at which time the City Council would decide whether to disband the commission or to make new appoinhnents. • Public Safety Comm.ission The City Council interviewed Steven Stone, Charles Caldwell, Jeff Payne, and Tamara Pow. Council appointed Jeff Payne, Tamara Pow, and incumbent Cha~rles Caldwell to full terms ending January 2012. • Housing Commission The City Council interviewed Thorisa Yap, Karen Mecker, and Radha Kulkarni. Council appointed Radha Kulkarni to a full term ending January 2012. There were no applicants qualified for the Business Representative so that position remains vacant and will be re-advertised. Staff was asked to contact West Valley Community Services and the Cupertino Chamber of Commerce about referrals. 2-13 January 23, 2Q08 Cupertino City Couneil Page 2 • CDBG Steex7ing Committee The City Council interviewed Radha Kulkarni and Thorisa Yap, and appointed Thorisa Yap to a full term ending January 2012. There were no applicants qualified for the Garden Gate representative, so that position remains vacant and will be re- advertised. Staff was asked to do additional outreach • Audit Committee The City Council interviewed Karen Mecker, Ganett Wade, Myoutag Kang, and Alexander Kalinin. Council appointed incumbents Garrett Wade and Myoung Kang to full terms ending January 2012. • Parks and Recreation Conarnission Tb.e City Council continued their discussion of the prior evening, and reviewed the applications again. They appointed Darcy Paul and Debbie Stephens Stauffer to full terms en~ding Jaxiuary 2012. , • Planning Commission The City Council continued their discussion of the prior evening and reviewed the applications again. The four council members were unable to reach a majority on a person to fill the single vacancy, so decided to defez~ making an appointnnent until such time as the 5`~ rz~ember of the City Council had been sworn in. Staff was directed to schedule another round of interviews for Tuesday, March 18, at approximately 4:00 p.m.; to notify all of the candidates and invite them to interview again on that date; and to re-advertise the vacancy and accept additional applications. - ADJOURNMENT . ~ At 9:20 p.m. the meeting was adjourned. Kimberly Smith, City Clerk ~ 2-14