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CC 02-17-09 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular M~:eting Tuesday, February 17, 2009 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and leci 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. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS -None POSTPONEMENTS Item No. 5 was removed from the agenda and will be brought back after the Planning Commission has the opportunity to hear it. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items: • Corrections to the minutes of Feb. 3 • PowerPoint slides for Item No. 11 ORAL COMMUNICATIONS Chung Lin talked about the torture and disappear~mce of a renowned human rights attorney and the persecution of those who practice Falun Gong. She distributed a newspaper article about the issue. Mike Yuen said he represents the proponents of d~~g parks and off-leash training. He said that he would like to have his dog participate in therapy training to visit hospitals and convalescent homes. He explained that his dog must be off-leashed trained in order to participate in the program. February 17, 2009 Cupertino City Council Page 2 Carol Miller said that the current punishment for having anoff-leash dog is both a misdemeanor and a $1,000 fine, which is consistent with one being convicted with narcotics violation. She felt that the off-leash violation should be a fee only, not a misdemeanor. She suggested a trial period for owners with off-leash dogs, to provide that the ~~wners are responsible and the situation could be resolved to work for everyone. Sparky Cohen said that he went to the Library Joitit Powers meeting last month and presented a problem regarding library closing announcements. He said that the announcements begin 2 hours before the library closes and at a very loud volume. He suggested they begin an hour before once and then once 5 minutes before the library close:, at a lower volume so as not to disturb the patrons. CONSENT CALENDAR Wong moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 1 and 5 which were pulled for discussion. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. Abstain: None. 2. Adopt a resolution accepting Accounts Paya.ble for January 30, Resolution No. 09-019. 3. Adopt a resolution accepting Payroll for February 6, Resolution No. 09-020. 4. Adopt a resolution approving the destruction of records from the City Clerk Department, Resolution No. 09-021. 6. Adopt a resolution accepting a Grant of Ea~;ement for Roadway Purposes, Prakas K. Nair and Surekha P. Nair, 10514 Felton Wav, AF'N 359-18-036, Resolution No. 09-022. The properly owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 7. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Prakas K. Nair and Surekha P. lJair, 10514 Felton Wav, APN 359-18-036, Resolution No. 09-023. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overl;?ing property. 8. Adopt a resolution accepting a Quitclaim DE;ed and Authorization for Underground Water Rights, Mulka Ravi Reddy and Chitra Ravi Reddy, 20374 Clifden Wav, APN 369-36- 020, Resolution No. 09-024. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overl:?ing property. February 17, 2009 Cupertino City Council Page 3 9. Adopt a resolution affirming local support for the American Recovery and Reinvestment Act of 2009 funding, authorizing the filing of an application for American Recovery and Reinvestment Act of 2009 funding, and stating the assurance to complete the project, Resolution No. 09- 025. 10. Accept applications for an Alcoholic Bever~ige License: a) Asia o~eyyards, 17659 Montebello Road, Wine Grower (2) b) Hofbrau Beer Hall SV, LLC, 10123 N. Wolfe Road #2124, On Sale General - Eating Place (47) ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 1. Approve the minutes from the January 20, 27, 28, and February 3 City Council meetings. The Deputy City Clerk distributed a page ;showing corrections to the minutes of Feb. 3 and noted a correction to the minutes of Jan. 20 as well. These items were approved as amended. 5. Accept the Planning Commission recorrimendation to appoint Lisa Giefer as the Environmental Review Committee representative. (Continued from Feb. 3). Under postponements, this item was removed from the agenda. Council member Sandoval said that when this item comes back she would like information regarding whether Council neecls to approve the ERC representative or if the chair of the Planning Commission automatically becomes the representative. PUBLIC HEARINGS 11. Consider a Municipal Code amendment to the Single Family R1 ordinance (section 19.28.060) regarding the allowed ratio of tree second floor building area compared to the first floor buildin area. The revised ordinance will consider adjusting the allowed ratio to facilitate greater architectural diversity, but will not consider increasing or decreasing the total allowed building area on an R1 lot or changing the required second story setbacks. The ordinance amendment will also include minor language clarifications relating to gardening activities and miscellaneous wonting changes to improve the readability of the document, Application No. MCA-2008-03, ~~ity of Cupertino, Citywide. Associate Planner Piu Ghosh reviewed the staff report. At 7:27 p.m. Mayor Mahoney opened the public hearing. February 17, 2009 Cupertino City Council Page 4 Joshua Richardson said that because of current ordinance rules, he must artificially increase the bottom floor in order to give him the square footage he needs for the second floor. He urged Council to eliminate the 45`.% ratio rule. Jessica Rose showed pictures of the Garde~i Gate area before and after it was annexed to Cupertino. She noted that before the annex;~tion, the homes built were very boxy-looking but with the Cupertino restrictions, the horries were toned down and were anicer-looking Mediterranean style. She said that architect~.~ral diversity is a good goal but changing only one part of the ordinance wouldn't work toward that goal. She urged Council to focus more on sustainability issues rather than ho~N big the second floor can be. Jennifer Griffin said that many people in the Rancho Rinconada area encouraged annexation because they wanted more protection against "monster homes." She said the ordinance works well as it is now and that the homes being built under the current rules are nice. She urged Council to either open up the whole R1 ordinance or leave it alone and focus on something important like sustz~inability. Stanley Lee said that he is for the single-tie:r proposal and hopes Council doesn't put too much restriction on two-story houses and n~~ additional restriction on houses less than the 45% ratio. Jeff Schulken said that he was happy th~~t his Rancho Rinconada neighborhood was annexed to Cupertino to slow down the tuilding of "monster homes." He suggested Council open up the entire R1 rather than just one aspect, if Council looks at it at all. Eric Keng said that Council should streamline the planning process and let people build houses the way they want because the 45~% ratio is not flexible enough. He suggested setting an absolute second floor square foot;~ge, instead of 45% of the first floor, by using the overall lot and the setback. Susan Chen urged Council to remove the 45% ratio because it is not environmentally friendly, since people are forced to build a bigger first floor and use more material. She also said that removing the 45% ratio would also create more diversity. Y.Q. Qi said he agreed with increasing th~~ ratio for the second floor so there is more space for a yard. At 8:05 p.m. Mayor Mahoney closed the public hearing. City Planner Gary Chao explained that the 1Z1 45% ratio topic came up again as a design issue. Even though the existing ordinance works, Planning found that more people were building wedding-cake style houses. Staf F wanted to see ordinance options without changing setbacks on second floor, floor area ratio (FAR), or privacy issues, to how best accomplish diversity in building styles. February 17, 2009 Cupertino City Council Page 5 Council discussed and commented on thf; draft Two Story Design Principles in the packet. Sandoval moved and Wong seconded to continue the item to March 17 with direction to staff regarding amending the design principles and pictorial examples, and also review the effect of removing the second story setback surcharge and applying the design principles, or keeping the setback surcharge but applying only visual relief techniques. Councilmember Sandoval also wished to have additional wording in the design guidelines about sustainability. The motion carried unanimously. Council recessed from 8:55 p.m. to 9:05 p.m. UNFINISHED BUSINESS -none NEW BUSINESS 12. Consider an appeal from Mr. Sridar ObilesE:tiy regarding undergrounding utilities, 10171 Lebanon Drive APN 342-14-008. (Continued from December 2). Parks and Recreation Director Mark Linder reviewed the staff report. Appellant Sridar Obilesetty showed a PowerPoint presentation stating his case. He explained that the Public Works staff reviewed and approved his blueprints, and those plans did not reflect the need to underground utilities. He said it would have been easier to do it then than now, because all the o~~erhead work would have to be demolished, thereby wasting energy and money. He sho~Ned a picture of anewly-constructed home on Lorre Ave. which had overhead utilities. 1-le said that that he was told undergrounding was an aesthetic issue and not a safety issue:, and he asked that Council uphold his appeal and allow him to keep the power overhead. Assistant Public Works Director Glenn Goepfert explained that it is a Public Works department policy to underground utilities, and the current question is whether the City wants to participate in the cost of doing the undergrounding at this time because the City's process has somehow cost the appell~int money. Wong moved and Santoro seconded for discussion to deny the appeal and to require undergrounding of the utilities, with a modification to set a cap of $4,000 for the City's participation in the costs of undergrounding the electrical service, specifically for work beyond what undergrounding would have c~~st if constructed originally, in exchange for a release of the City against all future claims, and the City should work with the applicant to minimize the impact on the existing hou:;e. Wang added a friendly amendment that the City would only pay for 30% of the cost. The amendment was not accepted. Sandoval moved and Wang seconded to aniend the motion that the City would only pay for 30% of the cost. That motion failed with Mahoney, Santoro, and Wong voting no and Sandoval and Wang voting yes. February 17, 2009 Cupertino City Council Page 6 The original motion carried with Mahoney, Santoro, and Wong voting yes and Sandoval and Wang voting no. The final motion was to (1) deny the appeal; (2) require the utilities to be placed underground; (3) to set a cap of $4,000 for the City's participation in the costs of undergrounding the electrical service beyond what undergrounding would have cost if constructed originally; (4) require 1vlr. Obilisetty to release the City against all future claims; and (5) staff will work with the applicant to minimize the impact on the existing house. ORDINANCES 13. Conduct the second 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." Sandoval moved and Wong seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. Sandoval moved and Wong seconded to enact Ordinance No. 09-2037. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. 14. Conduct the second 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 Co~~e regarding the expansion of potential site locations, adding design and siting review criteria and miscellaneous technical changes". Sandoval moved and Wong seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. Sandoval moved and Wong seconded to enact Ordinance No. 09-2038. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Riccardo Gaudino, Golden State Historian for th~~ Golden State Transportation-Ag Education Fund, presented a proclamation, in the form of a flag, to Mayor Mahoney to celebrate the 500th anniversary of the naming of America in geography. He said the organizing committee is awarding 50 cities in California the designation of Culture Capital of America 2009 Alta California. This is to help further community support through education. Council members highlighted the activities of their committees and various community events. February 17, 2009 Cupertino City Council Page 7 Council concurred to set a closed session for March 24 at 5:00 in Conference Room A to evaluate the City Manager. ADJOURNMENT At 11:20 p.m., the meeting was adjourned. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distribu~:ed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on 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 www.cupertino~ ,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. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code X2.08.096. In compliance with the Americans with DisabilitiErs Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours.