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CC 11-18-08CIJPERTINO MINUTES CUPERTINO CI7CY COUNCIL Regular Adjounied Meeting Tuesday, November 18, 2008 CLOSED SESSION At 5:30 p.m., Mayor Dolly Sandoval called the regular adjourned meeting to order in the Cupertino City Hall, Conference Room A, 10300 Torre Avenue, Cupertino, California. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b) (1) regarding the City Attorney. (No documentation in packet). Mayor Dolly Sandoval reported that the City Council met in closed session and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m., Mayor Dolly Sandoval called th~~ regular meeting to order in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, California, and the Webelo Scout Troup 415 led the Pledge of Allegiance. ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor C~rrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. CEREMONIAL MATTERS -PRESENTATIONS 2. Proclamation to the Santa Clara County Library for achieving the No. 2 ranking nationwide in the Hennen's American Public Library Ratings. (No documentation in packet). Continued from Nov. 3. Mayor Dolly Sandoval presented the proclamation to Hema Kundargi, Vice President of Cupertino Library Foundation. Ms. Kundai•gi presented information on the Silicon Valley Reads special event. She noted that the Cupertino Library Foundation is sponsoring the Cupertino 2009 Silicon Valley Reads event to be held in the Cupertino Community Hall on January 21, 2009. To kick-off this ye~ir's event in Cupertino, the Cupertino Library Foundation is sponsoring an essay contest on the book with some outstanding prizes. For November 18, 2008 Cupertino City Council Page 2 more information on the event including the essay contest please visit http://www.cupertinolibrary. org/campaign/ index.html. 3. Proclamation to Los Altos Garbage COmpanv (LAGCO) regarding Recycle Day. ~No documentation in packet). Continued from Nov. 3. Mayor Dolly Sandoval presented the proclamation to John Zirelli, General Manager of Los Altos Garbage Company. He explained that the first Environmental Day Program on October 18`h, 2008, collected 77,000 pou~ids of material for recycling, which included 19,000 pounds of E-waste; 28,000 pound, of dirt, rock and concrete; 27,000 pounds of fence and sheetrock material; 4000 pounds of document destruction material; 560 vehicles; and 1,584 pounds of clothes, shoes, and linens that were recycled through Goodwill. Cherie Donnelly, the Envirorunental Programs Manager for the City of Cupertino participated in the event. The ne:+ct Environmental Day will be scheduled in late January or early February. 4. Proclamation to Yamagami's Nursery for their 60th anniversary. (No documentation in packet). Mayor Dolly Sandoval noted that this proclamation would be presented at another Council meeting. POSTPONEMENTS -None WRITTEN COMMUNICATIONS The Deputy City Clerk distributed the following itc;ms: • An amended attachment to Resolution No. 08-150, Item Number 6. • Amore legible copy of the map that was in the packet for Item No. 1 1 ORAL COMMUNICATIONS -None CONSENT CALENDAR Mahoney/Wong moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 6, 9, 10, and 14, which were pulled for discussion. Ayes: Sandoval, Mahoney, Santoro, Rang and Wong. Noes: None. Abstain: None. 5. Approve the minutes from the November 3 City Council meeting. 7. Adopt a resolution accepting Payroll for October 31, Resolution No. 08-151. 8. Accept an application for an Alcoholic Beverage License for Arya Global Cuisine - (47) On-Sale General for Bona Fide Public Eati~ig Place, 19930 Stevens Creek Blvd. November 18, 2008 Cupertino Cit}~ Council Page 3 11. Accept municipal improvements, Gregg C. Bunker, 1375 S. De Anza Boulevard, APN 366-19-071. The applicant has completed City-specified improvements in the City right-of--way, including curb ramp, sewer and storm drain work as required by the improvement agreement with the City. Written communications included the following: a more legible copy of the map that was in the packet. 12. Adopt a resolution approving a StOC111watE~r Management Facility Easement Agreement, Tantau Investments, LLC, a California Limited Liability Company, 10900 Tantau Avenue, APN 316-09-029, Resolution No. 08-154. Through an agreement with the City, the property owners of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. 13. Adopt a resolution approving a Stormvvater Management Facilities Operation And Maintenance Agreement, Tantau Investrents, LLC, a California Limited Liability Company, 10900 Tantau Avenue, APN 31Ei-09-029, Resolution No. 08-155. Through an agreement with the City, the property owners of this commercial development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 15. Appoint Joe Walton as an Ex-Officio nnember of the Cupertino Bicycle Pedestrian Commission for atwo-year term beginning January 31, 2009. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Adopt resolutions accepting Accounts Payable for October 31 and November 7, Resolution No. 08-149 and 08-150. Written communications included the following: an amended attachment to Resolution No. 08-150. Wang/Mahoney moved and seconded to defer Resolution No. 08-150 to the next meeting so Council would have more time to review the new information. The motion carried unanimously. Mahoney/Santoro moved and seconded to adopt Resolution No. 08-149. The motion carried unanimously. November 18, 2008 Cupertino City- Council Page 4 9. Adopt a resolution authorizing staff to apply for grant funding under the Urban Streams Restoration Program from the State of Caliifornia Department of Water Resources for the Stevens Creek Corridor Proiect, Phase 2, Resolution No. 08-152. Santoro/along moved and seconded to adopt Resolution No. 08-152. The motion carried unanimously. 1 O. Adopt a resolution authorizing staff to apply for grant funding under the California River Parkways Program from the Resources Agency of the State of California for the Stevens Creek Corridor Park, Phase 2, Resolution No. 08-153. Santoro/along moved and seconded to adopt Resolution No. 08-153. The motion carried unanimously. 14. Adopt a resolution endorsing the 2008 Update of the Comprehensive County Expressway Planning Study, Resolution No. 08-156. Dawn Cameron, Consulting Transportation Planner from the County of Santa Clara Roads and Airports Department, presented an update on the Comprehensive County Expressway Planning Study, which is :~ long-term plan for the improvement and maintenance of the County Expressway System. She noted that Council member Wong served on the Policy Advisory Board and David Stillman, City of Cupertino Senior Civil Engineer, served on the Technical Working Group for the update, which is the first update since 2003. She said that the update included expressway, bicycle and pedestrian elements, and noted that the City's main concern was the I280 /Lawrence interchange. Jennifer Griffin said that the Lawrence Expressway corridor is of most importance to her neighborhood. She noted that many of hex neighbors have expressed concerns about the safety at the Mitty/Lawrence and Bollinger/Lawrence intersections. She commended the City of Cupertino for the safety improvements that are being made on the Lawrence Expressway corridor from Bollinger to the Mitty crosswalk, which she hopes will extend to the Calvert/280 on-ramp. She explained that many Cupertino residents of the Rancho Rinconada and Loree neighborhoods use this corridor to conduct their daily business. She said that the Stevens Creek Boulevard and Lawrence overcrossings need to be rebuilt and that residents would like to be kept up to date about plans for expressway expansion, with safety and accessibility of the eastern Cupertino neighborhoods being their priority. Wong/Mahoney moved and seconded to adopt Resolution No. 08-156. The motion carried unanimously. PUBLIC HEARINGS -None UNFINISHED BUSINESS November 18, 2008 Cupertino Cit}' Council Page 5 16. Conduct the first reading of Ordinance :~lo. 08-2033: "An Ordinance of the City of Cupertino amending section 2.18.040 relating to the City Attorney." (Continued from Nov. 3). Mayor Sandoval read the title of the ordinance. Wang/Mahoney moved and seconded to read the ordinance by title only, and that the Mayor's reading would constitute the first reading thereof. Ayes: Sandoval, Mahoney, Santoro, Wang and Wong. Noes: None. Council Members Santoro and Mahoney asked thhat a discussion about the Green Coordinator position be put on the agenda before the position i:: filled. NEW BUSINESS 17. Consider a petition for reconsideration of the City Council's decision to deny an appeal regarding the approval of a Residential Design Review for a new 4,491 square foot, two- story, single-family residence with a basement Application No. R-2008-14, Chia-Ching Lin, 21947 Lindy Lane, <Krishnapura 8t Minasandram residence), APN 356-25-029. The petitioner is Seema Mittal 8c Sarvesh Mahesh. Council member Santoro recused himself from this item because he owned property nearby, and he left the room. Senior Planner Colin Jung reviewed the Staff Report. Petitioner Seema Mittal said that Council's decision to move the house back 6 feet was not in her best interest and that this is new, relevant evidence because they weren't allowed to speak to this during the appeal hearing. She noted that the visual impacts have not been mitigated and that the findings are not supported by the evidence. She suggested that the house be moved back to where it vvas and that an alternative mitigation procedure should be done. She noted that dropping the house 3 feet didn't do anything to mitigate either and that the large second story is still incompatible. She explained that Cupertino Municipal Code Title 19 speaks to protecting the character of the neighborhood and property values and that she is only asking for mitigation. Mahoney/along moved and seconded to accept the petition for reconsideration. The motion carried with Santoro absent. Petitioner Seema Mittal said that there have been unintended consequences under the new rezoning and that the large upper story has been the issue all along, not the size or square footage of the proposed project. She said that when she purchased her property under a different zoning, she worked out what she thought might be built next door and designed where to put her own family room, windows, etc. She said that when the zoning changed and took away the upper store restriction, it created adverse impacts to her floor plan. She asked Council to not eliminate the upper sl:ory instead mitigate the visual impact, perhaps by changing the length or the roof design. She noted that one option is to drop the house by 3.5 feet and then no views are lost. November 18, 2008 Cupertino City Council Page 6 Applicant Mr. Krishnapura said that this project has already taken more than a year and that he has followed the rules, not asked for any exceptions, and has already made many changes to his design. He offered some suggestions such as moving the house back by 3 feet and changing around the garage and family room. Responding to questions from Council, he said that he is willing to move the house back 6 feet to its original position and had been opposed to moving it in the first place. He also urged Council to give him back the lower balcony that was removed from the design in the previous Council action. Edward Chan said that he is the lower neighbor and urged Council to retain the removal of the lower balcony and the lower retaining wall a distance to his property. He noted that he bought his house already built and can only assume it meets all codes. He said that the City is welcome to inspect his property to make sure he has the appropriate landscaping and that he is willing to do whatever the City needs him to do. Wong/Mahoney moved and seconded to deny the appeal and uphold the approval, with the additional requirement that the house be moved back 6 feet to its original position. The motion carried with Santoro absent. ORDINANCES -None STAFF REPORTS -None At 8:47 p.m. Council member Santoro came back 1.o the dais. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:57 p.m. the meeting was adjourned. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distribixted at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cu_pertino.orca. Click on Agendas 8c Minutes/City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.ore and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.