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CC 03-19-2013 Special it/ �,.1 ys� CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, March 19, 2013 CITY COUNCIL MEETING ROLL CALL At 5:35 p.m. Mayor Orrin Mahoney called the Special City Council meeting to order. Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, and Mark Santoro. Absent: Rod Sinks. CLOSED SESSION 1. Subject: Conference with Real Property Negotiator (Gov't Code Sec. 54956.8); 1. Property: Pruneridge Avenue between Wolfe and Tantau, with the exception of that portion of Pruneridge that fronts along the Hamptons; 2. Negotiating Parties: City Manager, City Attorney, Special Counsel; 3. Under Negotiation: Price and terms At 5:35 p.m. Council recessed to a closed session, and reconvened in open session at 6:47 p.m. Mayor Mahoney announced that Council had a closed session on March 18 regarding Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential)Employees' Compensation Program; Appointed Employees' Compensation Program. He said that Council received a report and no action was taken. Regarding the closed session from this evening, he said that Council gave instructions to staff. Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Orrin Mahoney reconvened the Special City Council meeting and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: 2013 Arbor Day Proclamation Recommended Action: Present proclamation Director of Public Works Timm Borden explained that October 2011 was the first observance of Arbor Day in Cupertino which signifies the City's effort to promote a healthy, urban forest. The City applied to Tree City USA to become a tree city in February 2013 and has just received signs and a plaque from the foundation. Arbor Day will be held on April 6 in conjunction with Earth Day. Mayor Mahoney presented the proclamation to Mr. Borden. 3. Subject: Presentation from the Board of Trustees of the Foothill-DeAnza Community College District Recommended Action: Accept Presentation Pearl Cheng, Board Trustee of the Foothill-De Anza Community College District made a presentation via PowerPoint. She noted that in the audience were District Chancellor Linda Thor, President of DeAnza College Brian Murphy and other senior staff members. She said that the District's focus is on the students and she highlighted statistics including student population; number one UC transfer district; career preparation; success stories; civic engagement; community connections; state of the art facilities; enhancing student learning; building for the future; Eco Pass program; and establishing an education center at the Onizuka Air Force Base in Sunnyvale. She also said that the District received $63,000 from PG&E for energy savings and that they are meeting 60 percent of their own energy needs from solar power. Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency POSTPONEMENTS Wong moved and Chang seconded to postpone item number 9 to April 2. The motion carried unanimously. ORAL COMMUNICATIONS Maria Begiebing said that she is a student at San Jose State University conducting a research study on the environment surrounding local leaders. She noted that she emailed a survey to Council and encouraged them to respond to the survey for her class project. Kapil Bhatnagar representing the Art of Living Foundation regarding personal development and stress management thanked Council for their support and extended an invitation to attend an event on March 24 at the San Jose Convention Center from 3:15-6:30 p.m. He said their focus is to launch a campaign in support of a stress and violence free environment and that they are hoping to partner with Cupertino and other cities to bring the community opportunities to participate. He noted that Jim Doherty, Santa Clara County Supervisor Dave Cortese, and the founder of the Global Art Living Foundation are expected to attend the event on March 24. Steve Elich representing the Homestead Villa subdivision gave a PowerPoint presentation regarding the Stevens Creek Trail. He highlighted where Homestead Villa is located and said that the Citizens Advisory Committee was composed of bicycle activists, neighborhoods do not really have a voice, and that other options such as Mary Avenue or Foothill were not considered. He said that making Stevens Creek Boulevard safer should be a higher priority and that building another bridge a half mile away from the Mary Avenue Bridge is not fiscally responsible. He distributed a petition signed by 150 people and urged Council to adopt the Mary Avenue Bridge route which promotes fiscal responsibility, has existing infrastructure, and minimizes the impact on neighborhoods. The Mayor summarized where the City is in the process and said that no decisions have been made at this time. Art Cohen, CEO and owner of Blue Light Cinemas at the Oaks across from De Anza College said that on April 27 and 28, actors from Hollywood would be coming to Blue Light for the Trek for Autism event. He invited Council to attend the event and said that a portion of all proceeds would be donated to Achieve Kids which supports autism programs. He also said that any business can be a sponsor for as low as $50. Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency Dileep Tiku said that his family bought a property in Cupertino and remodeled it so each daughter could have her own room. He said he submitted the plans and that Public Works informed him that he is also responsible for doing off-site development work, including fixing the driveway. He said he hadn't planned to have to do this extra work and asked Council to waive the requirement to fix the driveway. CONSENT CALENDAR Santoro moved and Wong seconded to approve the items on the Consent Calendar as recommended with the exception of item number 9 which was continued to April 2. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: Santoro abstained from voting on items 10 and 11. 4. Subject: Approve the March 5 City Council minutes Recommended Action: Approve the minutes 5. Subject: Accept Accounts Payable for period ending February 22, 2013 Recommended Action: Adopt Resolution No. 13-022 accepting Accounts Payable for period ending February 22, 2013 6. Subject: Accept Accounts Payable for period ending March 1, 2013 Recommended Action: Adopt Resolution No. 13-023 accepting Accounts Payable for period ending March 1, 2013 7. Subject: Modify the Cupertino Employees Association (CEA) Memorandum of Understanding (MOU) to add a new position category Recommended Action: Amend the Salary Schedule to reflect new position; Traffic Signal Technician, Apprentice 8. Subject: Adopt resolution supporting Senate Bill 629- Tax Equity Allocation (TEA) Recommended Action: Adopt Resolution No. 13-024 supporting SB629-TEA 9. Subject: Approve criteria for City sponsorship of a special event Recommended Action: Approve attached criteria for Cupertino support of special event Under Postponements, this item was continued to April 2. Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency 10. Subject: Approve the Tract Map, Bollinger Venture, LLC, a California Limited Liability Company, APN 359-22-077, Westerly terminus of Bollinger Road Recommended Action: Adopt Resolution No. 13-025 approving the Tract Map Description: A resolution approving a tract map that subdivides an approximately 49,650 square foot parcel into five parcels, consisting of five residential lots and a cul-de-sac dedication, ranging in size from 7,130 to 11,101 square feet in area 11. Subject: Approve the Improvement Agreement, Bollinger Venture, LLC, a California Limited Liability Company, Tract 10157, Westerly terminus of Bollinger Road, APN: 359-22-077 Recommended Action: Adopt Resolution No. 13-026 approving the Agreement Description: Through the improvement agreement with the City, the applicants of a five lot subdivision for five residential houses will be obligated to construct City- specified street improvements, including asphalt pavement, street light, curb, gutter, sidewalk and driveway approaches completing the cul-de-sac at the Westerly terminus of Bollinger Road 12. Subject: Alcoholic Beverage License, Ajito Izakaya Dining, 7335 Bollinger Road, #C1 Recommended Action: Approve Alcoholic Beverage License, Ajito Izakaya Dining SECOND READING OF ORDINANCES PUBLIC HEARINGS 13. Subject: Approval of minor amendments to Chapter 14.18 of the Municipal Code, Protected Trees, and request for Council direction on future amendments to Chapter 14.18. (postponed from the March 5, 2013 meeting) Recommended Action: 1. Conduct the first reading of Ordinance No. 13-2107 "An Ordinance of the City Council of the Cii:y of Cupertino amending Chapter 14.18, Protected Trees, of the Municipal Code" to clarify references to public trees and modify penalties for violations; and; 2. Provide direction to staff on scope of further amendments to Chapter 14.18 to be studied and authorize the City Manager to enter into a consultant services contract in an amount not to exceed $65,000 Description: Application No. MCA-2012-02; Applicant: City of Cupertino; Location: Citywide; Municipal Code Amendment to Chapter 14.18, Protected Trees and review for future potential amendments Written communications for this item included a staff PowerPoint presentation and an email from Jennifer Griffin. Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency Assistant Planner Simon Vuong reviewed the staff report via a PowerPoint presentation. Jennifer Griffin said that she is concerned that the protected tree list is being used for political purposes and that trees are being removed from this list three to four years after they were added, especially the Bay Laurel tree. She said the largest Bay Laurel is in Rancho San Antonio Park and is protected, but it is close to 170 years old. She urged Council not to remove the Bay Laurel from the protected tree list. Tamon Norimoto from PG&E thanked Council for the continued listing of the public utility under exemptions. He said that the company's 811 program requests that people call a minimum of 48 hours before doing work like planting a tree to avoid hitting a utility line. He distributed a poster regarding the right to replant program which encourages people to consider the type of trees planted near utility lines and information about overhead utility lines. He encouraged Council to work with PG&E's vegetation management in the future to encourage people to plant the right tree in the right place. City Clerk Grace Schmidt read the title of Ordinance No. 13-2107. Wong moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Council provided direction to move forward based on staff's suggested scope for further amendments to Chapter 14.18 and added a review of: (1) the specimen tree list to add non-native trees that should be protected; and (2) tree removal process for planned residential developments. Wong moved and Santoro seconded to authorize the City Manager to enter into a consultant services contract in an amount not to exceed $65,000. The motion carried unanimously. Council recessed from 8:36 p.m. to 8:46 p.m. 14. Subject: Appeal of a decision of the Director of Public Works regarding the relocation of a utility pole Recommended Action: Deny the appeal, upholding the Director's decision to require the relocation of the existing utility pole, located near the northeast corner of Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency appellant's property, to a location behind the proposed new curb and gutter required along the property frontage Director of Public Works Timm Borden reviewed the staff report. Appellant Paul Kalra said that he is building a house and asked Council to not require him to relocate the utility pole onto his neighbor's property and be responsible for the cost. He explained his appeal as discussed in a handout he distributed. Wong moved and Sinks seconded to deny the appeal, upholding the Director's decision to require the relocation of the existing utility pole, located near the northeast corner of appellant's property, to a location behind the proposed new curb and gutter required along the property frontage. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 15. Subject: Approve actions to further streamline City Council's Consent Calendar Recommended Action: 1) Adopt Resolution No. 13-027 approving streamlining of the consent calendar by amending the approval authority for Alcohol Beverage Control Licenses, Bingo Permits, Improvement Agreements and Public Improvement Acceptance; 2) Conduct first reading of Ordinance No. 13-2108 for Bingo permits: "An ordinance of the City Council of the City of Cupertino amending Chapter 5.32 of the Cupertino Municipal. Code regarding bingo"; 3) Conduct first reading of Ordinance No. 13-2109 for Acceptance of Public Improvements: "An ordinance of the City Council of the City of Cupertino amending sections 14.04.170 and 18.32.390 of the Cupertino municipal code regarding acceptance of public improvements" Director of Public Works Timm Borden reviewed the staff report. Jennifer Griffin said that she understands the need to streamline the consent calendar but said the public is also interested in these items and should have the right to hear and speak about them. She said that it's important to make sure that things disappearing from the consent calendar aren't things the public is interested in, especially liquor licenses and public improvement developments. She said that the consent calendar is a neutral item and is a good way for the public to be aware of what is happening throughout the City. Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency Wong moved and Santoro seconded to adopt Resolution No. 13-027 approving streamlining of the consent calendar by amending the approval authority for Bingo Permits, Improvement Agreements and Public Improvement Acceptance with an amendment to continue to include Alcohol Beverage License approvals on the consent calendar. The motion carried unanimously. City Clerk Grace Schmidt read the title of Ordinance No. 13-2108. Chang moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. City Clerk Grace Schmidt read the title of Ordinance No. 13-2109. Chang moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. 16. Subject: Authorize City Manager to execute lease agreement for property known as The Blue Pheasant Restaurant Recommended Action: Authorize City Manager to execute lease agreement for property known as The Blue Pheasant Restaurant with Hungry Jack's Restaurant Corporation and Mike Tsachres Written communications for this item included an amended recommended action and an email from Diane Berg. Acting Director of Parks and Recreation Carol Atwood reviewed the staff report. Dan Berg representing his neighborhood group and also speaking for Albrecht Schoy, Theresa Horng, Marjan Kashvad, and Oakdale Ranch, distributed a handout of recommended actions regarding the Blue Pheasant restaurant. He asked Council to think about the impacts on the surrounding neighborhood before deciding on a new lease for the restaurant. He said that residents of Oakdale Ranch do not think the terms of the contract are being adhered to such as a closing time of 11:00 p.m. He said that the restaurant doesn't close until 12:30 or 1:00 a.m., that the reviews online are poor, and that most patrons are not from Cupertino at all. He said that they recommend the restaurant close at 10:00 p.m. with everyone out of the parking Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency lot by 11:00 p.m. and that more money be allocated to improve the facility's appearance. Brian Vanoli said that he and his family have lived in the neighborhood for seven years and likes the idea of a golf course, restaurant, and bar but said he is concerned about the type of clientele that go there. He said he feels uneasy about the atmosphere, that the late closing is creating problems, and that it looks run-down. He also said that the restaurant seems to have a better crowd with good dancing from 5:00 to 8:00 p.m. and then around 9:30 a new crowd comes in and the other one leaves. Robin Seaman said that she moved to Oakdale Ranch in the late 60's and lived there until two years ago. She talked about what it felt like being a single woman living down the street from the Blue Pheasant and explained that it's a run-down restaurant and attracts questionable clientele. She said that in the 70's and 80's it was a family style place for dinner, but that she would never go there now. She said she hopes the place and the area could be cleaned up and made into a nice establishment. Tom Guntly, from the Pharlap Dr. neighborhood said that after 11:00 p.m. the neighborhood experiences noise, traffic, and trash from people coming out of the Blue Pheasant restaurant. He said that safety issues and non-compliance of the lease terms need to be addressed if the lease is approved. He also said that it would be great to build something more appealing in the upcoming master plan. Angela Duffy talked about the issue of safety in the Pharlap Dr. neighborhood. She explained that traffic is bad in the area and people going to the Blue Pheasant would park in the neighborhood. She said that the restaurant isn't clean and asked Council to make it a place where the community would be proud to go. Diane Berg said that this has been an issue for a long time and her neighborhood group of Oakdale Ranch has recommended actions that they urged the Council to consider. She said she is glad that the master plan is coming and the upgrades as mentioned in the staff report and would like to know the timeline for these upgrades. Capt. Ken Binder from the Sheriff's Office said that he is available to answer any questions and provided a general understanding of the sheriff's activity in the area in the past six months. He said that the majority of the activity revolves around cite Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency writing and parking issues and reviewed the report from the last six months. He clarified that his understanding is that the restaurant is supposed to restrict access to any new patrons after 11:00 p.m. and to close at midnight. He said that random checks over the past few months have showed that the restaurant abides by this requirement and most of the cars have left the parking lot by 12:30 a.m. Tenant Mike Tsachres clarified some points made by the speakers. He said that the accusations are the same stories from when the past tenant was there. He said he has security and stands in the parking lot to make sure people leave when they are supposed to and calls the police as needed. He said that he honors the agreement to not let anyone else in at 11:00 p.m., closes at midnight, and that he keeps the place clean. He said he is insulted that it is considered a hookup place. He also said that if the restaurant were to close at 10:00 p.m. he would lose business to other establishments. Chang moved and Santoro seconded to authorize the City Manager to negotiate and execute a lease agreement for property known as The Blue Pheasant Restaurant with Hungry Jack's Restaurant Corporation and Mike Tsachres in accordance with the following Council direction. The motion carried with Wong and Sinks voting no. 1. Add a sign in the parking lot noting when the lot closes (staff to work with Sheriff's Dept to make sure sign is enforceable) 2. Lessee to provide security to ensure trash is picked up in parking lot 3. Doors closed at 11:00 pm and no more patrons allowed in the building 4. Stop serving alcohol at 11:30 pm 5. Stop music at 12:00 am 6. All patrons must be out of parking lot by 12:30 am 7. 5-year lease 8. Fines of$200, $400, $1000 (equivalent to two times the penalty for administrative citation) for allowing patrons to come into the building after 11:00 pm 9. Include percent of revenue in lease (staff to find out what is common) 10. Lessee to paint inside of facility and add new carpet 11. City to paint outside of facility and landscape 12. Option to extend lease Tuesday, March 19, 2013 Cupertino City Council Successor to the Redevelopment Agency REPORTS BY COUNCIL AND STAFF City Manager David Brandt said that a new tree application, Trees 95014, is available for residents to use on their iPads and iPhones. It allows residents to see details about City planted trees and to search for trees by street address. . Council members highlighted the activities o:f their committees and various community events. At 12:13 a.m., on Wednesday, March 20, the meeting was adjourned to Tuesday, April 2 beginning at 5:30 p.m. for a study session regarding Civic Center Cell Service, Council Chamber, 10350 Torre Avenue, Cupertino, California. 6v. "U-(1-.A--,,SL. kJ:O.-- Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.