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01. Draft Minutes C tJ P E RT I H Q DRAFT MIt~TUTES CUPERTINO CITY COUNCIL Regulaz Meeting Tuesday, January 20, 2009 ROLL CALL At 5:00 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED 5E5SION 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b)(1) regarding the City Attornev. (No documentation in packet). Mayor Mahoney reported that the City Council was in closed session from 5:05 p.m. until 6:45 p.m. No action was taken. PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Orrin Mahoney called the regulaz meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS -PRESENTATIONS 2. E-services presentation regarding the disaster mapping project. (No documentation in packet). The City Clerk distributed a written over?iew of the Emergency Preparedness Incident Report software. Emergency Preparedness Coordinator Marsha Hovey gave an overview of the program, and GIS Coordinator Teri Gerhardt gave a PowerPoint presentation. They noted that this soflwaze provided a tool to increase communications after a disaster using Google maps i-i January 20, 2009 Cupertino City Council Page 2 to show the location and damage and/or needs status of city facilities, schools, hotels etc. This software was on a server in Texas so a local disaster would not affect its accessibility. In addition, the map could be updated by staff at any time in case the Internet was not functioning. Public hearings had been held to introduce this working tool in progress and the project had been well received by the business community. Council received the report and thanked staff for implementing this program. No action was taken. POSTPONEMENTS The City Clerk noted that Item No. S was postponed to February 3, 2009. WRITTEN COMMUNICATIONS The City Clerk announced that Council had been given correspondence related to item Nos. 2, 7 and 9. Council asked that staff continue to provide hard copies of any PowerPoint slide shows in "notes" format. If full-size pages were necessary, staff' should avoid using the reverse print {white letters on colored background) for hard copies. All staff handouts should be identified with a city logo or other indication of which staff member provided it. ORAL COMMUNICATIONS -None CONSENT CALENDAR Wong moved and Sandoval seconded to .approve the items on the Consent Calendar as recommended, with the exception of Item No. 6, which was pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Adopt a resolution accepting Accounts Payable for January 9, 2009, Resolution No. 09- 01 O. 4. Adopt a resolution accepting Payroll for January 9, Resolution No. 09-01 1. 5. Adopt a resolution approving the destruction of records from the Human Resources, Finance, Code Enforcement, Parks 8z Recreation, and City Clerk Departments, Resolution No. 09-012. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None 6. Accept an application for an Alcoholic Beverage License for Reaus, 10297 S. De Anza Blvd., On-Sale Beer 8c Wine -Public Premises (42). Council member Sandoval noted that Regis office would be closing shortly. Sandoval moved and Wong seconded to continue this item to the Feb. 3 meeting so that staff could investigate whether the alcoholic beverage license would stay with the property or with the company when Regus closes. ~-z January 20, 2009 Cupertino Cit}~ Council Page 3 PUBLIC HEARINGS 7. Consider Application Nos. i1-2008-02, ASA-2008-07, TR-2008-09 (EA-2008-08), Rajeev Chopra (Ebrahim Kaabipour), a 5-story hotel on 10165 N De Anna Blvd. (Continued from Dec. 2)c a) Negative declazation b) Use Permit and Architectural and Site approval to demolish an existing gasoline station/caz wash and construct a 5_:>torv. 138 room hotel of approximately 82,000 square feet, which will include a restaurant, bar, lounge and conference rooms built over atwo-level underground sparking podium that contains tandem parking c) Tree Removal request to remove 6 trees and replace with a comprehensive landscape plan The City Clerk distributed the following vv~ritten communications: • An email from Sam Wood and an attached letter dated Jan. 20 from attorney Davis E. Attorney stating that the project doesn't comply with CEQA (California Environmental Quality Act) requirements or the city's General Plan and zoning ordinance • An email to staff forwarded from Sam Wood regarding this project's violation of city policies related to setbacks and privacy • An email from Peggy Nissen opposed to the hotel size and architecture as proposed • Copies of the PowerPoint slides us<;d during the presentation Senior Planner Colin Jung and City Planner Gary Chao reviewed the staff report. It was noted that at their Nov. 25°i meeting the Planning Commission had approved this project except for the building design, and on Jan. 13tl' the Commission approved the project unanimously after addressing the following issues: outdoor lighting, hotel allocation, the trash enclosure and the landscaping on 2Jorth DeAnza Boulevard as well as the new design of the project. Jung and Chao also reviewed architectural renderings, materials, elevations and public comments. Regazding parking, staff' noted that the city could approve a different parking requirement Crom the city code if supported by a parking study. This project included lift as well a:~ tandem parking which would be subject to a use permit. Staff also reported that this project was consistent with the General Plan and was within the zoning regulations. Staff' concurred with the Planning Commission's approval with one exception; they recommended a redesign of the front entry canopy which staff felt needed more design flair than proposed. Staff recommended adding a condition requiring a redesign of this element at the building permit stage subject to the planning director's approval. The Plannin€; Commission did not agree with this proposed condition and did not include it in their approval. 1-3 January 20, 2009 Cupertino City Council Page 4 Applicant Rajeev Chopra, Shashi Corporation, stated that they were looking forward to building this high end luxury hotel in Cupertino. He noted that this project was LEED certified (Leadership in Energy and Environmental Design and noted that meetings had been held with the neighbors to address their concerns. He said that tandem and lift parking would only be used with valet pazking, and that parking needs would depend upon occupancy rates and overlap of users of the various venues. Mr. Chops stated that they would be replacing several of the trees, planting trees on DeAnza Boulevard, planting trees on the neighbors' side, and that they would make shrubs available to the neighbors for planting on their properties and would plant as many shrubs as necessary to fill in the existing gaps between the trees. Mr. Chopra stated that they preferred the new design of the project. It was a high-end design which included excellent materials, interesting design features, a reduction in the mass of the project and a more subdued result than the original design. Concerning the construction hours and the installation of a fence during construction, they would work with staff and the neighbors. On the issue of signage and lighting, Mr. Chops stated that there would be shaded elegant lighting and a pedestrian level hotel sign. The project architect commented on both designs for this project including the elevations and recessed windows and coh,mnc. He believed either design was fine but thought the second design was more appropriate for this location. He commented that this new design had traditional elements but also modern elements and would withstand the test of time. The following addressed the Council expressing their concerns about this project: Sam Wood, Bill Barthell, Maty Soha, Bingxi Wood, Galen Walters, Rekha Menon and Sridhaz Ramaswamy. They commented on the negative impact of this project on their properties, property values, views and privacy_ They believed the project was too large and not in conformity with the neighborhood, not compliance with the General Plan, and that not all of the issues had been addressed in the EIR. The neighbors also commented on the exterior lighting of the hotel and the potential overflow of parking into the neighborhood. Suzi Blackman, CEO of the Cupertino Chamber of Commerce, stated the Chamber's support of this project. She noted that the developer had worked with the neighbors and the redesign had softened the building. The Chamber believed it would be an asset to the community. Jennifer Griffin cautioned the Council about overbuilding in the city but stated she was pleased with the redesign. She hoped the developer could work with the neighbors on their concerns. Kevin Dare, Sand Hill Property Company, stated his concerns about the development allocation for this project and noted that depending on what actions the Council took approval of this project may reduce the amount of rooms available for the Main Street Cupertino project. Ruby Elbogen stated her support for this project. She too thought it would be an asset to the community and would provide additional revenue to the city. ~-a January 20, 2009 Cupertino Cit}~ Council Page 5 Administrative Services Director Carol .Atwood stated this project would create an additional $'700,000 in transient occupancy tax (TOT) as well as additional revenues from other taxes such as the property taxes. It was believed that this luxury hotel may take some clients from other hotels in the city but for the most part would be attracting new business. Council discussed several aspects of this project including landscaping, parking, density, design and development allocation. Wong moved and Sandoval seconded to adlopt a negative declaration. The motion carried unanimously_ Wong moved and Santoro seconded to approve TR-2008-09 with the following additions: The applicant shall plant more trees shrubs on the eastern side of DeAnza Blvd. on city property, to fill in gaps where there may be a view of the hotel, in consultation with the neighbors and city staff; the applicant shall offer shrubs to the neighbors for privacy screening; the applicant shall plant larger trees (48-inch box) on the west side of the street; and the irrigation system shall be evaluated and the applicant shall be responsible for the one-time cost to update the infrastnicture. The motion carried unanimously. Wong moved and Sandoval seconded to approve the use permit and architectural and site approval with Allocation Option No. 2 j which involves using the uncommitted hotel allocation from the Vallco Planning Area and using commercial allocation from the north De Anima Pla,,.,;ng Area that has been discounted based on peak hour trip equivalency) with the condition that when the Cupertino Square Mall Development Agreement ends, the hotel allocations will be transferred to the approved hotel projects and the commercial allocation will be returned to the available pools of development; Approved Architectural Design Option No. 2 is; if there is a pax•king problem or concern, the matter shall be brought back before the city; the construction management plan shall provide for posting of a 24-hour telephone number for complaints and additional fencing; the applicant shall provide 201 spaces (with capacity of up to 240 with valet service); an adequate number of spaces for self-parking shall be worked out with staff; The motion carried unanimously. Councihnember Wong clarified for the record that the discounting is taken from retail commercial space only, and not office commercial space. RECESS Council was in recess from 10:25 p.m. until 10:38 p.m. 8. Consider Application No. SPA-2008-01; Heart of the City; Stevens Creek Boulevard between Highway 85 and the Eastern city limit. Heart of the City Specific plan amendments to achieve conformance with the General Plan. This item was postponed to February 3, 2009. ~-s January 20, 2009 Cupertino City Council Page 6 UNFINLSHED BUSINE5S 9. Consider Application Nos. U-2008-01, EA-2008-07, ASA-2008-06, TM-2008-01, TR- 2008-08, Kevin Dare/Sand Hill Development Company, 500 Forbes, LLC (South Vallco Main Street Project); North Side of Stevens Creek Boulevard between Finch Avenue 8c Tantau Avenue, APN Nos. 316-20-078, 316-20-079, 316-20-085: (Continued from January 12): a) Certify Final Environmental Impact Report {EIR), including the Statement of Overriding Considerations b) Use Permit and Architectural and Site Annroval for a master plan for amixed-use development consisting of approximately: 147,000 square feet of retail commercial; 100,000 square feet of office; a 150 room hotel a 160 unit senior (age restricted housing facility; 145,000 square feet of athletic club; a four level parking garage and a 1.6 acre pazk/town square. (A project alternative consists of approximately 205,000 square feet of office and a 250-room hotel in place of the athletic club) c) Tentative man to subdivide 3 parcels (approximately 18.7 acres) into 5 parcels for a master plan for amixed-use development consisting of approximately: 147,000 square feet of retail comtriercial, 100,000 square feet of office, a 150 room hotel, a 160 unit senior {age restricted) housing, facility, 145,000-square foot athletic club, a four level parking garage and a 1.6 acre pazk/town square. (A project alternative consists of approximately 205,000 squaze feet of office and a 250 room hotel in place of the athletic club) d) Tree Removal request to remove approximately 93 trees in conjunction with a proposed master plan for amixed-use development The City Clerk distributed the following written communications: • An amended cover sheet for the staff report dated January 15, 2009 • Emails from Christina Fung, Choonsu Park, Irene Niazov, and Ming and Joyce in favor of the one-acre park and opposed to the loading dock • An email from Ken Wong asking that the item be heard early in the evening so that homeowners can participate • Two handouts of PowerPoint slides used during the presentation (staff report and Main Street Vallco Parkway options) Senior Planner Aki Honda reviewed the staff report. Council had asked for clazification of the following: senior housing, hotel amenities, park size and green building measures. Planner Honda also commented on the environmental impact report and statement of overriding considerations which allowed the city to determine that there were benefits of the project that outweighed the significant unavoidable adverse environmental impacts. These benefits included: a strong municipal tax base and fiscal benefits- to the city, job 1-6 January 20, 2009 Cupertino City Council Page 7 opportunities, senior housing units, positive influence on the local economy, public plaza and pazk space, school district revenue and improved pedestrian and bicycle circulation. Staff recommended approval of this project:. Glen Goepfert, Assistant Director of Public: Works, addressed various Main Street Vallco Parkway lane configurations for vehicles and bicycles. Staff recommended either Alternative 1 (one traffic lane eastbound, two traffic Lanes westbound, one bike lane eastbound and westbound, angled pazkin;g south side, parallel parking north side? or 5 (one traffic lane eastbound, one bike lane eastbound, angled parking south side and no change to westbound lane configurations). Alternative O was the most severe option, Alternative 2 resulted in a loss of 27 parking spaces, Alternative 3 resulted in a loss of 48 pazkixig spaces and Alternative 4 required tree removal. Director of Administrative Services Carol Atwood estimated there would be a $1 million net revenue gain to the city. This number was reached after a determination was made of gross revenue minus the costs the city would incur regarding this project. Applicant Kevin Dare, Sand Hilt Property Company, responded to questions and comments from the last meeting and said this was a plan which included mixed-use and pedestrian-friendly elements, but it needed flexibility to be successful. Mr. Dare commented on the hotel amenities, the xni~:ed use element, pazk5ng and stated his support of Alternative 1 regarding lane configurations. Ken Rodriguez, project architect, addressed the materials, colors and design elements of the project. He also commented on the European auto court, the screening of the garage along Vallco Parkway, the generous setbacks, the four acres of landscape open space, the outdoor seating venues, the variety of azchitectural styles, the retail spaces, parking and size of the hotel. Councilmember Sandoval moved that since most of these residents had spoken last week and there was no new information in the emails received the speakers be limited to two minutes. Motion failed for lack of a second. Jennifer Chang submitted a petition signed by 103 Metropolitan homeowners urging Council to keep the original size of pazk and to move the loading dock away from the neighbors. The following addressed the Council stating their support of a one-acre park and relocation of the loading dock: Gunturi, Robin Su, Ming Li, Winston, Theodore Hwa, Emily Shieh, Youngjae Kim, Stephen Lim, Terry Lydon, John Rowles, James Yeh, Renee Geng, Angeline Lin, Rachel Yuen and Ron Jou. Jennifer Griffin commended the developer for his outreach to the community. She also urged Councii to protect the ash trees on Vallco Parkway and commented on the traffic issue. January 20, 2009 Cupertino City Council Page 8 Keith Murphy noted that the melding of infrastructure and communities was important but it was apparent that if not carefully thought out issues could arise. He also noted that the developer working with the community was important and this outreach should be conducted in future developments. Council addressed several issues regarding this project. They agreed that they were flexible on retail and the athletic club but not on office space; either option 1 or 2 was acceptable for Vallco Parkway retail options; phasing was acceptable; they supported Alternative 5 for lane configurations; and senior housing must include 15% onsite BMR. A suggestion was made to put housing on-the upper floors of the garage but there was no _ majority support for this suggestion. Council also noted for benefit of the public that the original acreage for the corner park was .89 acres, not one acre as stated by some speakers. Kevin Dare, Sand Hill Property Company, stated that if they removed 2,500 square feet of retail they could increase the corner park to .75 acres. Director of Administrative Services Carol Atwood noted, in response to Council questions, that the fmancial return from retail would be the best option for the project, followed by the sports facility and then office uses. Jim Randolph, leasing officer for the project, stated that the only option that worked for Vallco Pazkway retail was option one. Wong moved and Sandoval seconded to stipulate that the corner park area near the Metropolitan be .75 net acres. There was no vote taken on this motion. Sandoval moved and Wong seconded to approve the removal of 93 trees in conjunction with the master plan for amixed-use development. The motion carried unanimously. Wong moved and Sandoval seconded to approve the Environmental Impact Report including the Statement of Overriding Consideration. The motion carried unanimously. Sandoval moved and Wong seconded, for purposes of discussion, the following motion: Approve the Use Permit, Architectural Site Approval, and Tentative map with the following conditions: • Select alternate no. 5 for the VaIIco Parkway lane narrowing &c parking, consisting of one traffic lane east bound, one bike lane east bound, angled parking along the south side of Vallco Parkway and no changes to the west bound lane configuration. Elevations and architectural details are approved per the conditions of approval recommended by the Planning Commission, except that the architectural design of the hotel shall come back to the City Council for review and approval. ~-s January 20, 2009 Cupertino Cit. Council Page 9 • Phasing of the development shall take place as specified in condition No. 13 as recommended by the Planning Contmission. • The below market rate (BMR) housing program condition of approval for the senior housing shall require the applicant to dedicate 15% of the total number of on-site senior housing units at below market rates. • The comer park area along Stevens Creek Boulevard, adjacent to the Metropolitan condominiums, shall be .75 net acres. • The applicant shall adjust the size: of the retail building adjacent to the park to accommodate the expansion of the corner park to .75 net acres. • Developer may build up to a $ve-story hotel of up to 250 rooms; if there are over 160 rooms the hotel shall provide fiall amenities, including a banquet facility. • If the residents nearby feel that additional trees are needed to mitigate the visual impacts of the hotel, stafF will evaluate the addition of trees in conjunction with the architectural and site approval ~rrocess for the hotel. • The hotel allocation shall be taken from the remaining available retail commercial allocations in the city using t3he commercial traffic equivalency formula recommended by staff. In the evc;nt future hotel allocations are made available (i.e., the release of the committed hotel units or new units added by a general plan amendment) the commercial allocation would be returned to the corresponding geographic areas. • The commercial allocation for the athletic club shall be discounted to 98,800 square feet based upon a membership limit of 9,000 members. • Retail uses on Valtco Parkway at Finch Avenue may consist of either alternate option 1 (30,000 s.f. major retail tenant, 5,500 s.f. retaiI shops and two "jewel box" buildings totaling 3,100 s.f.} or alternate option 2 (40,000 s.f. major retail and 20,81 1 s.f ,of retail shops lininl; Vatlco parkway). • Tentative map to subdivide the property from three parcels to five parcels. • Allow for future conversion of the ground IIoor of the parking garage to retail shops as shown in the exhibits. • The northwest corner of Stevens Creek Boulevard and north Tantau Avenue shall either be an athletic club (scheme A) or 36,000 square feet of retail commercial <alternate option). • 100,000 square feet of office space: (scheme A) shall be allocated from available office allocations within the city. ~-s January 20, 2009 Cupertino City Council Page 1 O • The square European parking court is accepted. • Require a 400-person banquet hall for a hotel of over 160 rooms On January 12, the City Council came to consensus on the following items and these conditions were also included in tonight's action: • Senior housing interface with metropolitan is acceptable as proposed • Support the building size as proposed for senior housing and require a covenant for to ensure that the building remains as age-restricted housing for seniors. • Require applicant/developer to provide Valley Transit Authority (VTA) eco- passes for one year for the senior residents of the project • Green building/LEED certification: support the condition as recommended by the applicant. Wong offered a friendly amendment to require a 400-person banquet hall for a hotel of over 160 rooms. Sandoval accepted the amendment. Sandoval called for the question, and that motion failed, with Sandoval and Wang voting yes, and Mahoney, Santoro, and Wong voting no. Further discussion followed. Sandoval again called for the question, and that motion failed with Sandoval voting yes and Mahoney, Santoro, Wang, and Wong voting no. Santoro asked a question of staff, and then the vote was taken on the original motion, including the friendly amendment, and the motion carried. 1 O. Consider implementing Phase II of the City Wellness Program. (Continued from January 12). Sandoval moved and Wang seconded to approve Phase lI of the Wellness Program. The motion carried unanimously. NEW BUSINESS 1 L Review and approve 2008-09 mid-year budget adjustment No. 2 which includes a report on City revenue and expenditures. Wong moved and Sandoval seconded to continue this item to the next regular meeting on February 3, 2009. The motion carried unanimously. ~ - ~o January 20, 2009 Cupertino Cit}~ Council Page 1 1 12. Award a contract for the Sports Court/T'~ennis Lighting Upgrade Project at the Sports Center to Cupertino Electric in the amount. of $254,000AO for the Tennis Court Lighting Upgrade Base Bid and authorize a constriction contingency in the amount of $ 35,000 and approve the installation of a safety cover over the swimming pool. Merge Account 420-9236 -Tennis Court Fighting into Account 420-9231 -Sports Court and Pool Demo for a total budget for the combined project of $750,000_ Edwazd Hirschfield supported the -staff recommendation and thanked the Council and staff for their assistance and support. Santoro moved and Sandoval seconded toy approve Option No. 1 in the staff report and award the contract to Cupertino Electric for the base bid only, which will require spending up o $30,000 for a pool safety cower. The motion carried unanimously. 13. Conduct the first reading of Ordinance No. 09-2037: "An Ordinance of the City of Cupertino adding Chapter 19.118.00 requiring artwork in public and private developments." Wong moved and Sandoval seconded to continue this item to the next regular meeting on Februazy 3, 2009 14. Authorize the Mayor to sign the contract for City Attorney. (No documentation in packet). Sandoval moved and Wong seconded to hold a closed session regazding the selection of the City Attorney on Tuesday, Jan. 27 at 5:00 p.m, before the commission interviews, and to continue this item to Wednesday, Jain. 28, at 5:30 p.m. before the commission interviews. The motion carried unanimously. ORDII~IANCES -None STAFF REPORTS -None COUNCIL REPORTS Councilmember Sandoval stated that she had received many emails from residents concerning the Marketplace Shopping Center. She asked the City Manager #o contact the management at the Marketplace regarding these issues of non-compli~ince with their use permit. i-ii January 20, 2009 Cupertino City Council Page 12 ADJOURNMENT At 1:58 p.m. the meeting was adjourned to Tuesday, January 27 at 5:00 p.m. for a closed session and to conduct commission interviews. The meeting will take place in Conference Room A of Cupertino City Hall, 10300 Tone Avenue_ Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the meeting aze available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.org ,then click Online Services and Watch City Meetings. Videotapes aze available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. ~-~z DRAFT MINUTES CUPERTINO CT]CY COUNCIL C O P E RT I N O Regular Adj ounzed Meeting Tuesday, January 27, 2008 ROLL CALL At 6:10 p.m. Mayor Orrin Mahoney called the regular adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, Califi~rnia. Present: Mayor Orrin Mahoney, Vice- Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro and Gilbert Wong. Absent: none. ORAL COMMUNICATIONS -None BOARDS AND COMMISSIONS INTERVIEW'S 1. Interview applicants for commission and committee vacancies. • Library Commission The City Council interviewed Ron l~Ziller, Ann Stevenson, Yi Xia, Adrian Kolb, Denice Kesterson, Ajit Dongre, John Fiegel, and Susanna Tsai. The City Council appointed incumbents Ron Miller and Susanna Tsai to full terms ending January 2013, Ann Stevenson to a full term endling January 2013, and Adrian Kolb to a partial term ending January 201 1 which will count as a full term. • Audit Committee The City Council interviewed Mandana Bamdad and Jenny Chang. Incumbent Stanley Stemkoski called in ill. The City Council appointed incumbent Stanley Stemkoski to a full term ending January 2013. • Fine Arts Commission The City Council interviewed Christina Hackworth, Vijay Veeramachaneni, and John Fiegel. The City Council appointed Christina Hackworth and John Fiegel to full terms ending January 2013. • Public Safety Commission The City Council interviewed Thorisa Yap, Craig Lee, Chris I-Iuang, Yi Xia, and Vijay Veeramachaneni. The City Council appointed Craig Lee to a partial term ending January 2012 which will count as a full. term. 1-13 January 27, 2009 Cupertino City Council Page 2 ADJOURI~IMENT At 9:08 p.m. the City Council adjourned to Wednesday, January 28 at 5:00 p.m. to conduct a closed session regarding the City Attorney. An open session regarding the City Attorney will follow the closed session, and additional board and commission interviews will be conducted beginning at 5:45 p.m. Grace Schmidt, Deputy City Clerk 1 - 14 DRAFT Ml NUTES CUPERTINO CI'CY COUNCIL C O P E RT I N O Regular Adjourned Meeting Wednesday, January 28, 2008 CALL TO ORDER At 5:00 p.m. Mayor Orrin Mahoney called the meeting to order in Conference Room A of City Hall, 10300 Tone Avenue, Cupertino California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee - Govennment Code Section 54957(b) (1) regarding the City Attorney. (No documentation in packet). Mayor Mahoney reported out from closed session that Council made an agreement between the City of Cupertino and the Law Firm of Dang and Trachuk regarding the City Attorney. ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to thrr_e (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. R'RI"rTEN COMMUNICATIONS • Email from Planning Commission Chair Lisa Giefer recommending reappointment of Paul Brophy, Jessica Rose, and Marty Miller. NEW BUSINESS 2. Authorize the Mayor to sign the contract for City Attorney. (No documentation in packet). Santoro moved and Wong seconded to auithorize the Mayor to sign the contract for legal services. Wang offered a friendly amendment that the Council would help to review the fnal contract. Wong accepted the friendly amendment. The motion carried unanimously. 1 - 15 January 28, 2009 Cupertino City Council Page 2 RECESS Council recessed from 5:45 p.m. to 6:03 p.m. BOARDS AND COMMISSIONS INTERVIEWS 3. Interview applicants for commission and committee vacancies: Planning Bicycle Pedestrian Housing CDBG (Community Development Block Grant) • Planning Commission The City Council interviewed Martin Miller, Mark Fantozzi, Jessica Rose, Graziella Vaccaro, Winnie Lee, William Sunlin, Chris Huang, Alan Ota, Ramesh Nair, Paul Brophy, Jose Voltaire Martin, and Qinghui (Helen) Altmar. The City Council appointed incumbents Martin Miller and Paul Brophy to full terms ending January 2013, and Winnie Lee to a full term ending January 2013. • Bicycle Pedestrian Commission The City Council interviewed Anne Ng, Mark Fantozzi, May Koski, and Alan Takahashi. The City Council appointed incumbent Mark Fantozzi and Alan Takahashi to full terms ending January 2013. • Housing Commission The City Council interviewed Harvey Barnett, Ramesh Nair, Jose Voltaire Martin, and Qinghui (Helen) Altmar. The City Council appointed Harvey Barnett to a full term ending January 2013. The appointment of Winnie Lee to the Planning Commission left a partial vacancy ending January 2011. Council directed staff to re- advertise the vacancy. • CDBG Committee The City Council interviewed William Sunlin and appointed him to a full term ending January 2013 as the Citywide representative. Apartial term ending January 2012 for Garden Gate is still open. 1 - 16 January 28, 2009 Cupertino Cit3~ Council Page 3 ADJOURNMENT At 10:00 p.m. the City Council adjourned to Tuesday, February 3 at 5:30 p.m. to conduct a study session regarding the City commission process, City Hall Conference Room A, 10300 Torre Avenue. Grace Schmidt, Deputy City Clerk ~-n CIJPERTINO DRAFT` MINUTES CUPERTINO CI'T'Y COUNCIL Regular Adjourned Meeting Tuesday, February 3, 2009 ROLL CALL At 5:32 p.m. Mayor Orrin Mahoney called the regular meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. STUDY SESSION A. Review the City Commission Process - An informal discussion to explore ways of improving Council/commission integration, including, but not limited to: 1) Interview processes 2) Formation of new commissions 3) Retirement of existing commissions 4) Council commission integration 5) Progress reporting of commission work and issues Council members discussed the interview and appointment process for commissioners. Council member Sandoval noted for the record that many times when the Council has an agenda item and fords that the item has not been noticed, or the affected orga_ni~~tion has not been invited, the matter is postponed in order to send the notice and invitations. She said that in this case, the commissioners were not notified or invited, and she felt that was a necessary step to promote open and transparent government. Sandoval moved to cancel the study session at this time, give notice to the commissions, and reschedule the item to a 5:30 p.m. televised session. Mahoney seconded for purposes of discussion. Wong called for the question, and the motion failed with Wang, Wong, and Santoro voting no. Wong noted that tonight's study session had been legally noticed. • ~-~a February 3, 2009 Cupertino Cit}~ Council Page 2 Discussion continued regarding the interview process. Topics included: (1) Who is the appropriate person to notify incumbents that were not reappointed; (2) Consider extending the interview length for more complex interviews; (3) Consider a Council discussion session after the interviews but before the vote in order to analyze what the Council is looking for in certain commissions; (4) Should the Council members allow or discourage lobbying or endorsements for commissions or members; (5) Identify ways to better coordinate with the City Clerk's Office to arrange back-to-back interviews; (6) Consider an orientation for commissioners before they are interviewed or appointed; (7) Consider whether a more formal process is needed to create or dissolve a commission; (8) Should there be fornial presentations from the commissions every year; (9) Should there be formal Council liaisons to commissions, informal drop-ins by Council members, or other solutions for Council to stay informed about commission activities; (10) Consider ways to improve attendance reporting and enforcement; (11) Should a process be developed to review commissioners annually instead of every four years when they are up for reappointment; (12) Should there be a process to replace an incumbent with a new applicant at any time during the incumbent's term. Former Bicycle Pedestrian Commissioner May Koski noted that at the Mayor's monthly breakfast, it was common for the commissions to send a different representative every month so that many people got to hear what the other commissions were doing. She also suggested that Council members make a point of visiting other commissions when the staff liaison is present, for those commissions that are staffed at only half of the meetings. Council members concurred that: (1) The mayor :>hould personally notify any incumbent who is not reappointed; (2) Commission attendance should be reviewed by the Council every six months instead of annually; (3) Commissions should report to Council annually; (4) Council members will make informal visits to the commissions, .and report those visits under the category of "Council Reports" at their Council meetings. RECESS At 6:32 p.m., Council recessed the study session., and reconvened in the Council Chambers for the regular business session at 6:50 p.m. PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lead the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. ~ -~s February 3, 2009 Cupertino City Council Page 3 CEREMONIAL MATTERS -PRESENTATIONS -None POSTPONEMENTS -None WRITTEN COMMUNICATIONS The City Clerk distributed the following written communications: For item No. 13: • A letter from Darrel Lum with suggestions for the Heart of the City Specific Plan • A handout from Darrel Lum titled Attachment 1, Heart of the City Landscape at the Oaks • A handout from Darrel Lum titled Attachment 2, Heart of the City Specific Plan/Library • A copy of the staff PowerPoint presentation • A copy of the City's report from the Grand Boulevard Committee dated November 6, 1991 For item No. 14: • A copy of the staff PowerPoint presentation. • A color-coded map of wireless communication facilities • An email from Santa Clara County Sheriff Capt. Terry Calderone supporting the ordinance For item No. 15, a copy of the staff PowerPoint presentation For item No. 16, a letter from Adam Montgomery, Silicon Valley Association of Realtors, suggesting an amendment to the ordinance For item No. 17, a petition from property owners of John Way and Kirwin Lane requesting a rural designation and sidewalk exemption For item No. 18A, an agenda of the Cupertino Senior Center Volunteer Advisory Council ORAL COMMUNICATIONS Sparky Cohen noted that, prior to each Council meeting, the lobby television showed programming highlighting various city events. He suggested a similar resource for the Cupertino Library. In addition, Mr. Cohen noted that the current Mayor's picture in the lobby was not displayed in the proper order.. The City Manager stated that he would check that all three locations where the photos were posted were current. CONSENT CALENDAR Wong moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 10 and 12 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. ~ - zo February 3, 2009 Cupertino Cite Council Page 4 1. Approve the minutes from the January 12 City Council meeting. 2. Adopt resolutions accepting Accounts Pay a? ble for January 16 and 23, Resolution Nos. 09-013 and 09-014. 3. Adopt a resolution accepting Payroll for January 23, Resolution No. 09-OI 5. 4. _ Accept the Treasure's Investment Report for December 2008. 5. Adopt a resolution approving the Treasw~er/Deputy Treasurer apUOintment, Resolution No. 09-016. 6. Accept an application for an Alcoholic BE:verage License for Regus, 10297 S_ De Anna Blvd., On-Sale Beer 8~ Wine -Public Premises (42). (Continued from Jan. 20. Regus withdrew the application). 7. Accept municipal improvements, Tantau Investments, LLC, 10900 Tantau Avenue, APN 316-09-029. The applicant has completed City-speci7Fied improvements in the City right-of--way, including easement, grading, and on-site storm drain work as required by the improvement agreement with the City. 8. Accept cit~proiects performed under contract: Local Streets Pavement Management 1, Project No. 2008-03 (O'Grady Paving, Inc.). The city's contractor O'Grady Paving, Inc. has completed work on the Local Streets Pavement Management 1 Project. The work included Slurry Seal, Cape Seal and Overlay on Various streets throughout the city. 9. Accept city proiects performed under contract: Major Streets Pavement Management, Project No_ 2008-04 (O'Grady Paving, Inc.). The City's contractor O'Grady Paving, hic. has completed work on the Local Streets Pavement Management 1 Project. The work included Slurry Seal, Cape Seal and Overlay on Various streets throughout the city. 11. Accept a donation of furniture, fixtures, library reference books, and other items at an appraised value of $16,495.00 from Chazles Kilian. ITEMS REMOVED FROM T73E CONSENT CALENDAR (above) ~ - z~ February 3, 2009 Cupertino City Council Page 5 10. Accept city proiects performed under contract: 2007-08 STP Overlav, Project No. 2007-01 (G. Bortolotto 8c Company, Inc.) The City`s contractor O'Grady Paving, Inc. has completed work on the 2007-08 STP Overlay Project. The work included asphalt overlay on various streets throughout the city. The City Clerk noted a typographical error in the agenda, and said that the contractor name should have been O'Grady Paving, Inc., and not G. Bortolotto 8~ Company, Inc. Wang moved and Sandoval seconded to accept the project. The motion carried unanimously. 12. Accept the Planning Commission recommendation to appoint Lisa Giefer as the Environmental Review Committee representative. Vice-Mayor Wang noted that this appointment was not urgent, and she recommended deferring the appointment out of respect and courtesy to the recently-appoin#ed Planning Commission. Council member Sandoval stated that the seated Planning Commission had made the recommendation and she was in favor of moving forward with their recommendation. Council members Santoro and Wong raised concerns about this Planning Co**~*n~ssion appointment being made via email and believed the vote should be done in a public meeting. Councilmember Sandoval supported continuing this appointment as she did not support the Commission voting by email. Wang moved and Wong seconded to defer this item for two weeks. The motion carried unanimously. Mayor Mahoney reordered the agenda to hear Staff Reports next. STAFF REPORTS 19. Receive a report concerning a citizen complaint regarding excessive noise from roof- mounted mechanical equipment located at the Marketplace Shopping Center (Yogurtland), 19770 Stevens Creek Boulevard. City Planner Gary Chao reported that in April, 2008, a complaint had been received concerning the noise levels at Yogurtland. Code Enforcement had reviewed the matter and determined that the noise levels were below those allowed by code. A further complaint was made in January, 2009, and staff again determined that the noise levels were within the allowed amounts. Staff worked with the property owner and the business owner, and the business owner took mitigating measures to correct the situation but the property owner said the noise issue had still not been sufficiently addressed. Staff' noted that the noise ordinance did not address this type of situation where there may be a constant noise generated which is below the noise limitation. ~ - zz February 3, 2009 Cupertino Cit~r Council Page 6 The following individuals spoke regazd:ing the noise ordinance: Virginia Tamblyn, George Monk, Keith Murphy and Tom Hugunin. They supported an ordinance which would address constant noise levels. It was suggested that the properly owners be responsible for getting certain issues resolved within a certain timeframe and that the city officials be aware of the neighbors' needs. Council agreed that more information was needed about the issue of constant noise and whether it should be addressed in the mLUiicipal code. In this situation there was little recourse since the noise levels were below those currently allowed, but the issue could be re-examined during the use permit review. Staff noted that Cupertino's noise levels were comparable with other cities and no other city addressed the issue of constant noise. Staff recommended that input be obtained from both businesses and neighbors, since lowering allowable levels could create non-conforming situations. Council agreed that staff should report back to Council in a month on this issue. PUBLIC BEARINGS 13. Consider Application No. SPA-2008-01; Heart of the City; Stevens Creek Boulevard between Highway 85 and the Eastern city limit. Heart of the City Specific plan amendments to achieve conformance with the General Plan. (Postponed from January 20). The City Clerk distributed the following items at the meeting: • a letter from Darrel Lum, Feb. 2, 2009, with suggestions for the Heart of the City Specific Pian • A handout from Darrel Lum titled Attachment 1, Heart of the City Landscape at the Oaks • A handout from Darrel Lum titled Attachment 2, Heart of the City Specific Plan/Library • A handout of the staff PowerPoint presentation • A copy of the city report from the Grand Boulevard Committee dated November 6, 1991 Senior Planner Aki Honda Snelling presented the staff report. She said that on December 16, 2008, Council reviewed the updated. version of the Heart of the City, accepted comments from the public and directed sl:aff to prepaze a map of -the Heart of the City Plan area showing the land uses by type amd percentages. Council also directed staff to clarify miscellaneous items in the draft Conceptual Plan. For tonight's meeting staff had prepared a map based on the current boundaries and -had clazified several items within the Conceptual Plan. The following addressed the Council concerning the Heart of the City Plan: Jennifer Griffui, Tom Hugunin, Keith Murphy aad Virginia Tamblyn. These speakers. supported the Heart of the City Plan and urged Council to make good decisions for the city's future. Change was good but they supported keeping the basic layout of the city. They also 1 - 23 February 3; 2009 Cupertino City Council Page 7 strongly supported the protection of the trees along Stevens Creek Boulevazd as well as the full public rights-of--way. They believed the Heart of the City Plan, while needing some modification, was a reasonable plan. Mayor Mahoney read one of the letters that had been submitted by Darrel Lum. In part Mr. Lum's letter stated that the Heart of the City Plan dated Feb. 3, 2009, was primarily a landscape plan and Lacked the original policy framework of overall goals, policies and strategies. In addition Mr. Lum stated that the original Heart of the City Specific Plan should be updated to reflect the changes adopted in the 2005 General Plan and should continue to be in the form of a specific plan. Council discussed several issues, including definition of a conceptual plan vs. a specific plan, tree protection, conformity with the General Plan, zoning, boundaries (including the suggestion of expanding the boundaries as part of the General Plan amendment process) and format of plan. Mayor Mahoney suggested making the Heart of the City Plan consistent with the current General Pian, knowing that there would be changes made in the future, or making the Heart of the City Plan match what Council thought they were going to have. Interim City Attorney Mark Hynes concurred with the Mayor's comment, stating that Council could create a draft that was consistent with the current General Plan, with the idea that was where Council thought things were headed, and with the understanding that Council would be doing this in conjunction with future amendment of the General Plan. Council could draft a working document while working on the General Plan amendments. Any applications received before any such amendments were approved would be subject to the current General Plan and adopted Heart of the City Plan. Community Development Director Steve Piasecki suggested adopting a Heart of the City Plan with boundaries as defined in the current plan, with an expanded azea to be reviewed when General Plan amendments were discussed in six months. Council reviewed the document before them and made the following changes: Introduction: change 250 acres to 552 acres • Policy Framework: 1. Should read: Require shared parking arrangements in the Crossroads area in mixed use developments; 2. Correct to state streetscape plan; 3. Delete; 5. Should read: Plans for the new projects should include pedestrian and bicycle pathways, incorporating the City's existing network; 6. Delete; and • Eliminate section Nos. 1, 2, 3 and 6 in the Policy Framework as recommended by the Planning Commission. • streetscape Design: staff will redraft wording regarding trees particularly as related to retail visibility -city may adjust requirements on a case by case basis • Development Standards and Design Guidelines: delete fourth paragraph; • Development Standards: 1) delete the statement - "Drive through uses aze discouraged"; 2) add wording to section A3 on height regarding noise mitigation; 3) concurred with highlighted sections and on page 18 staff to develop wording for #2 concerning residential/existing residential uses; 1 - 24 February 3, 2009 Cupertino Cit}~ Council Page 8 • Application Requirements and Approval Authority -concurred with wording and on page 25 change the last word `recommended' to `allowed'. Council agreed that the following sectiions would be brought back for additional discussion: page 12 item 3; all of page 1.5, page 14 section C.l.b; page 16 section B.1; and all of page 19. Council further directed staff to prepaze a color-coded map regarding zoning for Council's review. Wong moved and Sandoval seconded to ~:ontinue this item for 2 months to a televised study session with special advertising done in the Cupertino Courier. The motion carried unanimously. RECE55 The Council was in recess from 9:50 p.m. to 10:0? p.m_ PUBLIC HEARINGS (continued) I4. Consider A~nlication Nos. MCA-2008-04 (EA-2008-09), City of Cupertino, Citywide: Wireless Communication Facilities. a) Negative declaration b) Municipal Code Amendment to Chapter 19-108-Wireless Communications Facilities. regazding additional siting options, clarifying review criteria and streamlining some of the minor review processes. Conduct first reading of Ordinance No. 09-2038: "An ordinance of the City Council of the City of . Cupertino amending chapter 19.108: Wireless Communications Facilities, of the Cupertino Municipal Code regarding the expansion of potential site locations, adding design and siting review criteria and miscellaneous technical changes". The City Clerk distributed the following items at the meeting: • A copy of the staff PowerPoint presentation. • A color-coded map of wireless communication facilities • An email from Santa Clara County .Sheriff Capt_ Terry Calderone supporting the ordinance Senior Planner Cotin Jung gave the staff report, and explained that the updated map Council had received included proposed wireless locations in residential planned development areas. He also handed out .letters from Gail Brownell, Praud Consa*-~ and Seth Ferry, CEO of Joint Venture Silicon 'Valley in support of the ordinance amendments. Mr. Jung noted that the amendments included the expansion of potential site locations, adding to the design and siting criteria ,end miscellaneous technical changes. He also noted that in 1997 the Wireless Communications Ordinance was adopted and in 2003 the 1 - 25 February 3, 2009 Cupertino City Council Page 9 Wireless Facilities Master Plan was adopted. In 2007 the Technology, Information, and Communications Commission (TICC) conducted a survey on cell phone coverage and antennae in the City, and in 2007 Council directed the TICC to work with staff on regulations to address cell phone coverage issues. The Planning Commission held public heazings on the draft ordinance, and it was unanimously approved by the Planning Commission as amended. The ordinance before Council would allow site locations in RHS, OS and PR (public pazk) zoning districts with city review; would allow site locations in common-interest areas of residential and mixed use planned developments with use permit and homeowner association approval; and would allow site locations on non-city utility poles and towers, regardless of zoning district. The ordinance also included the recommendation that mast and antenna setbacks be left at a minimum of 50 feet from a residential property line with certain modifications. Staff recommended approval of the ordinance before Council and noted that the amendments would actually facilitate the development of a Distributed Antenna System (DAS) communications network if one were proposed by a wireless carrier. Andy Radle, TICC Commissioner, supported the proposed ordinance and believed that it provided a measured change that would address the needs of the community and the residents, would improve public safety communication needs and would have a positive effect on the business community. He also noted that other options were available but there were limitations and they were not readily available. These options however could be reviewed by their corr~m;ttee. He further commented that the aesthetic concerns would be addressed. Peter Freidland, TICC Commissioner, noted that the committee had worked closely with staff and the Planning Commission. He said that currently there were two major cazriers in the city (ATBaT and Verizon) but there were gaps in the service areas. He believed this ordinance provided the city with options to fix the existing gaps in cell phone usage in the city while remaining open to other technological opportunities. He also noted that the DAS system was less obtrusive but was a low power system that required many smaller antennas and had limitations. Jonathan Lin, Jan Edbrooke, Tom Hugunin, Virginia Tamblyn, Keith Murphy and Steve Schazf stated they did not support this new ordinance. Their concerns were that the proposed ordinance did not address all of the issues, the residents did not want the towers near their homes or in public pazks, and other technology such as DAS should be investigated. Jennifer Griffin believed that the Council should demand the telecommunications companies conducting business in the city to provide the best service and less obtrusive options. She also thought the 50 foot setback should be from the property line and not from the house. i - zs February 3, 2009 Cupertino Cit:? Council Page 10 Darren Merritt, representing the Verona ESoard of Directors, stated their support for the ordinance because it addressed the needs of the community. He said they were willing to have a tower placed on their property sizice it would provide better service as well as providing additional revenue. Sandoval moved and Wong seconded to adopt a Negative Declaration_ The motion carried unanimously. Council discussed several issues including; towers on hillsides, school sites and in public parks, the notification to neighbors of potential cell site installations, aesthetic concerns and the setback requirements. Vice-Mayor Wang wanted to have a 1,000 foot notification if a neighbor raised a health concern but. staff stated that there was a federal law that stated if the application could not be refuse:d if it met federal standards for safety. Peter Freidiand, TICC Commissioner, recommended that the Planning Commission be the primary review body with one TICC member giving a recommendation at the Planning Commission meeting as part of the formal process. Sandoval moved and Wong seconded to ~ipproval MCA-2008-04 as shown in the model ordinance, with the amendment the Plaruiing Commission will ask a TICC member to weigh in on any applications, the notification radius will be 1,000 feet, and the setback will be a minimum of 75 feet from residential property. The motion carried unanimously. Sandoval moved and Wong seconded that the TICC research the feasibility of implementing a Distributed Antenna System (DAS) and also evaluate other technology that may be available. The motion carried ~.manimously. The City Clerk read the title of the ordina~ice No. 09-2038 as amended. Sandoval moved and Wong seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. UNFINISHED BUSINESS 15. Review and approve 2008-09 mid-year budget adjustment No. 2 which includes a report on City revenue and expenditures. (Continued from Jan. 20). The City Clerk distributed a copy of the staff PowerPoint presentation. Finance Director David Woo reported that Cupertino was doing welt financially, compared to other municipalities, primarily because of the strong property tax base and the city's Strategic Fiscal Planning Process. However the decrease in sales tax, permit fees and interest earnings as well as the closing or bankruptcy of local businesses was having negative effects. The proposed budget adjustments were included in a list of mid- yeaz 2008/09 expenditure reductions and increases that in total would offset this year's $ I ~ - 27 February 3, 2009 Cupertino City Council Page 1 1 million revenue decline. In part this list included the sheriff s contract, capital projects and a selective hiring freeze. The Finance Director also commented on the redevelopment agency monies in his report. The City Council asked for a study session to be scheduled for a tutorial on the Redevelopment Agency. Wong moved and Sandoval seconded to approve, the 2008/09 mid-year budget adjustment. 16_ Conduct the first reading of Ordinance No. 09-2037: "An Ordinance of the City of Cupertino adding Chapter 19.118.00 requiring artwork in public and private developments." (Continued from Jan. 20). The City Clerk distributed a letter from Adam Montgomery, Silicon Valley Association of Realtors, suggesting some amended wording to Section 19.118.060 (J), and an additional modification of that section by Community Development Director Adam Montgomery, Government Affairs Director - Silicon Valley Association of Realtors, stated that he concurred with the amendment suggested by staff. While he was not in a position to speak for the Chamber of Commerce at this meeting, Mr. Montgomery noted that there might be some other discussion points regarding this ordinance but that could be done at a later date_ Jennifer Griffin thought that more discussion was needed regarding attaching a piece of art to a property as part of the CC8c.Rs. For example what would happen if the artwork was abandoned or the company went out of business: The City Clerk read the title of the ordinance. Sandoval moved and Wong seconded to amend the ordinance, section 19.118.060 (J) to read as follows: "The artwork shall be a germanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CCBcRs or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork," and to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. The City Council members concurred to consider raising the expenditure cap and/or percentage for art next time the city council considered a General Plan Amendment. NEW BUSINESS 17. Adopt a resolution approving a request for semi-rural designation to eliminate sidewalk requirements along John Wav pursuant to Ordinance No. 1925, Resolution No. 09-017. The City Clerk distributed a petition from property owners of John Way and Kirwin Lane requesting a rural designation and sidewalk exemption. i - za February 3, 2009 Cupertino City Council Page 12 Lin Tu stated that he was a. resident on Jo1~n Way and the neighbors supported this semi- rural designation for their street. Sandoval moved and Wong seconded to adopt Resolution No. 09-017. The motion passed unanimously. 18A. Consider recommendation from the Cupertino Senior Citizens' Commission to dissolve the Commission. The City Clerk distributed the agenda of the Cupertino Senior Center Volunteer Advisory Council. Director of Parks and Recreation Mark Luider reported that currently there were two city organizations that were focused on senior issues. It was believed it would be a more effective use of volunteer and staff time to have only one such group, and the Senior Center Volunteer Advisory Committee had been in place for 44 years. Wong moved and Mahoney seconded to dissolve the Senior Citizens' Commission based on the recommendations of the Senior Citizens' Commission and the city staff The motion carried unanimously. 18B. Report from the study session on commission review process. Mayor Mahoney reported that Council had held a study session eazlier in the evening and had agreed on certain issues as follows: (1) If a commissioner was reappointed the Mayor would contact that person first; (2) Council had discussed changing the interview process but no decision was made; (3) Include additional materials in applications about informal orientation available from staff; (4) The ~~ouncil would review commission attendance every six months instead of annually; (5) Council members were encouraged to sit in on some commission meetings to see how things were going; (5) Require annual status reports from commission; and the Mayor v~~ill provide a template for that report. Councilmember Sandoval stated for the record, that she was uncomfortable with having such a briefly noticed public session at 5:30 on commission interviews and process because the commissioners were not invitc;d to attend. She said next time it should be on camera, on the dais, and commissioners should be invited to attend to provide input. Craig Lee, newly appointed Public Safety Commissioner, said he agreed with Councilmember Sandoval's comments. He: said he was surprised to see this study session scheduled without any solicitation of input. He said he also believed that there needed to be a cleazer statement regarding what CoLincii expected from commissioners in terms of their scope of responsibility and their accountability. Councilmember Santoro said he believed) this meeting had been properly noticed and Council should continue the study session tonight after the regular session was finished. 1 - 29 February 3, 2009 Cupertino City Council Page 13 Council discussed whether or not to continue with the study session this evening or set it for another date. It was agreed to adjourn the meeting to the conference room and, due to the lateness of the hour, to continue the study session. for only an additional twenty minutes. ORDINANCES -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. STUDY SESSION (continued) At 12:58 a.m., Council reconvened the study session in Conference Room A. ' Council discussion continued, including the following: (1) What is the appropriate method to address the situation when commission members refuse to follow the policies or directives of the Council; (2) Should there be a code of conduct for Council members and/or commissioners; (3) What message may be sent to the volunteer community by Council's actions; (4) Since commissioners serve at the pleasure of council, what corrective measures, if any, should be taken before removing a commissioner. Interim City Attorney Marc Hynes said that if the Council wished to remove a person that they had appointed to a commission, at a minimum the commissioner should be given notice and an opportunity to be heard. Wong moved to remove Lisa Giefer from the Planning Commission. Santoro seconded. Acting City Attorney Marc Hynes explained that the Brown Act requires that the agenda notify the type of action that is anticipated, and he recommended that the Council not take action at this time because the agenda description was not sufficient for the proposed action to dismiss a commissioner. Sandoval offered a substitute motion to follow the city attorney's advice and take no action at this time. The substitute motion failed for lack of a second. Hynes explained that a meeting in compliance with the Brown Act couid be scheduled within 24 hours. Discussion followed as to whether the matter was urgent, if it was best to make changes on the Planning Commission while the recent interviews were fresh in the Council member's minds, and whether the possibility of creating a negative public relations message outweighed an intention for prompt resolution of the matter. A motion remained on the floor, and Santoro withdrew his second. 1 - 30 February 3, 2409 Cupertino Cit;~ Council Page 14 ADJOURNMENT At 1:40 p.m. the meeting was adjourned to Monday, Feb 9, at 6:00 p.m. for a Regular Adjourned Meeting to consider dismissal of a Planning Commissioner. Kimberly Smith, 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.or~. Click on Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and aze available at your convenience on the web site: Visit www.cuperti~io.org ,then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 1 -31 February 3, 2009 Cupertino City Council Page 13 ~ l Council discussed whether or not to conti~iue with the study session this evening or set it for another date. It was agreed to adjourn ~~he meeting to the conference room and, due to the lateness of the hour, to continue they study session for only an additional twenty minutes. ORDINANCES -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. STUDY SESSION (continued) At 12:58 a.m., Council reconvened the study session in Conference Room A. Council discussion continued, including the foll~~wing: (1) What is the appropriate method to address the situation when commission members refuse to follow the policies or directives of the Council; (2) Should there be a code of conduct for Council members andlor commissioners; (3) What message may be sent to the volunteer community by Council's actions; (4) Since commissioners serve at the pleasure of council, w~at corrective measures, if any, should be taken before removing a commissioner. Interim City Attorney Marc Hynes said that if thf; Council wished to remove a person that they had appointed to a commission, at a minimum the commissioner should be given notice and an opportunity to be heard. Wong moved to remove Lisa Giefer from the Planning Commission. Santoro seconded for purposes of disc~~rssion. Acting City Attorney Marc Hynes explained that the Brown Act requires that the agenda notify the type of action that is anticipated, and he recommended that the Council not take action at this time because the agenda description was not sufficient for the proposed action to dismiss a commissioner. Sandoval offered a substitute motion to follow the city attorney's advice and take no action at this time. The substitute motion failed for lack of a second. Hynes explained that a meeting in compliance with the Brown Act could be scheduled within 24 hours. Discussion followed as to whether the matter wa:; urgent, if it was best to make changes on the Planning Commission while the recent interviews were fresh in the Council member's minds, and whether the possibility of creating a nega~=ive public relations message outweighed an intention for prompt resolution of the matter. February 3, 2009 Cupertino City Council Page 14 i~rviie$-Feirrcrii:cnLif-~v"t6icb`~""••, 1':" t~''c~ng alld Sulltrn•o t1~it11dl-e11~ their nzotirnt. ADJOURNMENT At 1:40 p.m. the meeting was adjourned to Monday, Feb 9, at 6:00 p.m. for a Regular Adjourned Meeting to consider dismissal of a Planning Commissioner. Kimberly Smith, 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 ~a ~a t~ .cupertino.or`. Click on Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit «~~~.cuperti~o.ora ,then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.