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CC 03-17-09CUPERTINO APPROVED PVIINUTES CUPERTINO CI7CY COUNCIL Regular Meeting Tuesday, March 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 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. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 1. E-services presentation regarding on-line business license and permit applications. (No documentation in packet). This item was removed from the agenda. Mayor Mahoney presented a proclamation for Colorectal Cancer Awareness Month to Suzy Andrade, a volunteer with the American Cancer Society. She said that the Society will host the Cupertino Relay for Life at De Anza College on Jl~ly 25 and 26. More information is available at www.relayforlife.org/cupertinoca, or the American Cancer Society at 1-800-ACS-2345, www.cancer.or~. POSTPONEMENTS Wong moved and Sandoval seconded to postpone this item to April 21. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted the following written communications: • Letter from Public Works Director Ralph Qualls to Ed Hirshfield regarding the Tennis Court Lighting Upgrade Project March 17, 2009 Cupertino City Council Page 2 • Email from Edward Chan of KCR Development requesting an extension of the Vallco Development Agreement, item No.14 • Email from Jared Finder of Villa Serra re:~ponding to Senior Development Manager for Prometheus Real Estate Group Michael Ducote's email discussing parking issues at Villa Serra, item No. 18 • Email from Srini Parimi of Villa Serra responding to Senior Planner Aki Snelling's email discussing issues at Villa Serra, item No. 18 • Email from Michael Ducote forwarding information from a Villa Serra property walk regarding parking, item No. 18 • Email from Edward Chan noting that mitigation measures for the rooftop equipment at Yogurtland are being executed, item No. 19 • Email from Susan Chen supporting the n~~w design principles and eliminating the 2nd story setback surcharges and wall height limitations, item No. 13 • PowerPoint presentations for item Nos. 13, 17 and 18 • Modified page 7 of design principles, item ~Vo. 13 ORAL COMMUNICATIONS Suzi Blackman, Cupertino Chamber of Comore;rce, said that the Cupertino STAR awards recognized the Small Business of the Year, Vard;y's Jewelers, the Large Business of the Year, Ridge Vineyards, Citizen of the Year, Richard Lowenthal, Chamber President's Award, the Rotary Club of Cupertino, and Ambassador of the Year, Dave Howser. She noted that the April Chamber Partnership Fair and Mega-mixer, sponsored by the Rotary Club of Cupertino, will be held Apri12 from 4:30-7:00 p.m. at the Quinlan Center. Ed Hirshfield talked about tennis court lighting at the Cupertino Sports Center. He requested that Council look into the potential cost savings of putting in foundations and conduits for the upper, unlit courts at the same time as the existing, lighted courts are being improved. He proposed that the Tennis Club would be willing to contribute to :hat change in the contract if it would fit in the budget. Dennis Whittaker congratulated Richard Lowenthal on his selection as Citizen of the Year. He urged people to become involved in the communit}~ by becoming involved in a service club. Assistant Scout Master Robert Wedig from Troop 476 said that the Boy Scouts in the audience were working on their Communications Merit F3adge toward becoming an Eagle Scout. He explained that Troop 476 has already given over :?3,000 hours of service to the community. He noted that the 100th anniversary of Boy Scouts way; coming up next year on Feb. 8, 2010. Dave Klinger talked about the off-leash dogs in City parks issue. He noted that this would impact the whole community and there are major concerns including dog bites, fear of intimidation, sanitation, turf destruction, an influx of dogs from other communities, and an increase in liability to the City if unacceptable behavior occurs. He said that the Parks and Recreation Commission recommendation is missing any explicit language standards, success criteria, or recognition of best practice guidelines that address these concerns. He urged Council to consider the concerns and add appropriate language into any action that it takes. March 17, 2009 Cupertino Cit}~ Council Page 3 David Fung talked about the off-leash dogs in ~~ity parks issue and said that the Parks and Recreation Commission recommendation is too vague. He explained that the recommendation shows no distinction between fenced and unfenced off-leash areas noting that fenced areas are the accepted standard for off-leash dogs, and off=leash hours in unfenced parks are extremely rare. He said the recommendation fails to clarif}~ issues, standards, and processes, and before anything is passed, the policy must be re-written with a clear message of how it benefits all residents and not just dog owners. Michael Gottwald congratulated Richard Lowenth~il for winning the Citizen of the Year award. CONSENT CALENDAR Wong moved and Sandoval seconded to appr~~ve the items on the Consent Calendar as recommended, with the exception of item No. 5 which was pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the March 3 and March 5 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for February 20 and 27, Resolution Nos. 09-037 and 09-038. 4. Adopt a resolution accepting Payroll for M~~rch 6, Resolution No. 09-039. 6. Adopt a resolution approving the destruction of records from the Parks and Recreation Department uinlan), Resolution No. 09-C-40. 7. Adopt a resolution approving an improvement agreement, Jie Mei, 10170 Peninsula Avenue, APN 326-22-038, Resolution No. 09-041. Through the improvement agreement with the City, the applicant for a building permit for a single-family residential development vrill be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Jie Mei, 10170 Peninsula Avenue, ~~PN 326-22-038, Resolution No. 09-042. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 9. Accept municipal improvements, Lily Chang, Inc., a California corporation, 10121 Pasadena Avenue, APN 357-17-045. The applicant has completed City-specified improvements in the City right-of--way including underground utility lines, sidewalk, curb & gutter, street tree, driveway approach, and grading work as required by the improvement agreement with the City. March 17, 2009 Cupertino City Council Page 4 10. Adopt a resolution approving a Parcel Ma», Louis Ying Lau and Phyllis Ann Choy Lau, 21600 Rainbow Drive, APN 366-38-012, Resolution No. 09-033 (Continued from Feb. 17). Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. 11. Accept an application for an Alcoholic Beverage License for Tatami Buffet, 10123 N. Wolfe Rd. (Cupertino Square) - On-sale Beer and Wine for Bona Fide Public Eating Place (41). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Accept the Treasurer's Investment Report for January 2009. Administrative Services Director Carol Atwood further summarized the City's investment status. Wang moved and Sandoval seconded to accept the report. The motion carried unanimously. PUBLIC HEARINGS 12. Consider conducting the first reading of Ordinance No. 09-2041: "An Ordinance of the City Council of the City of Cupertino addi~ig Chapter 16.74 to adopt the Wildland Urban Interface Fire Area" This item was postponed to April 21. Mayor Mahoney reordered the agenda to take up item No. 15 under New Business next. NEW BUSINESS 15. Cupertino Teen Commission: a) Consider recommendation from the Teen Commission to reduce the size of the commission from 13 to 9 members Recreation Coordinator Lauren Phillips reviewed the staff report. Michael Gottwald thanked the Teen (:ommission for their service to the youth of Cupertino and said he was not in support of reducing the size. Wang moved and Sandoval seconded to reduce the size of the commission from 13 to 9. The motion carried unanimously. March 17, 2009 Cupertino City Council Page 5 b) Select interview date (staff suggests Tues., May 26 beginning at 3:30 p.m.) Council concurred to hold the interviev~~s on Monday, June 1 beginning at 4:30 p.m. Council also reviewed their calendars a.nd selected Tuesday, June 2 at 4:00 p.m. for a first budget study session and Wednesday, June 10 at 4:30 for a second budget study session as needed. Council also concurred to begin the Ap~~i17 regular meeting at 5:00 p.m. Mayor Mahoney reordered the agenda to take up item No. 19 under Staff Reports next. STAFF REPORTS 19. Receive a report concerning a citizen complaint regarding excessive noise from a roof mounted mechanical equipment located at the Marketplace Shopping Center (Yog_urtland), 19770 Stevens Creek Boulevard. City Planner Gary Chao reviewed the staff report. Virginia Tamblyn thanked Council, the 13vershine group, and Code Enforcement for helping solve this citizen complaint. Council received the report. Item No. 17 under Staff Reports was taken up next. 17. Receive a status report on the Berry Co~~rt subdivision (formerly 21711, 21713, and 21731 Alcazar Avenue). Senior Planner Aki Snelling reviewed the staff report via a PowerPoint presentation. Rich Abdalah encouraged Council to acce~~t the report as written to move the street and make the road improvements so that the de~~elopment project could be completed. Sheaun Tsai said he was thankful that a a~mpromise could be reached. He said he was still concerned about the increase of traffic with the addition of more homes and that they are looking into the possibility of also pl,~nting a tree in his yard to help with further screening. Mrs. Tsai responded to a question from Council member Sandoval and said they are still studying the situation. March 17, 2009 Cupertino City Council Page 6 Assistant Director of Public Works Glenn Goepfert discussed a meeting that had been held between Public Works staff and Mr. and Mrs. Tsai, and he explained how the proposed bump in the road would look. Sparky Cohen said that the headlights can be different for each car manufacturer and urged Council to think about that as welly as writing into the contract not to use high beams while driving on that street. Council received the report. Council recessed from 8:47 p.m. to 8:54 p.m. Item No. 18 under Staff Reports was taken up next. 18. Receive an update of construction activities at the Villa Serra Apartments located at 20800 Homestead Road. Senior Planner Aki Snelling reviewed the staff report. Jared Finder, resident of Villa Serra apartments, said that the construction has made the area unsanitary, unsafe, and inhospitable, ,and he felt that Prometheus showed a lack of responsibility and accountability. He showed pictures of the construction site and noted that there are a number of parking issues, including: People having to park in the fire lane; construction vehicles and mud piles taking up parking spots; parking spots fenced off for no reason; construction vehicle; trapping cars in their parking spots; and restrictions getting worse without notice. He said that Prometheus needs to provide enough parking, notify the residents well ahead of time using more open communication in general, and restore the grassy fields for the kids to play. Srini Parimi added that the inconveniences started in August/September of 2008. He said they suffered through a series of power outages and now have parking issues, and he wondered what is coming next. He asked Council to insure that these issues will be resolved and not happen again. Mike Ducote, Prometheus, said that the cc-mpany takes all residents' concerns seriously and acts upon them seriously as well. He said that open trenches have had hot asphalt added and that work will continue; 20 temporary parking spaces were added; 50 permanent spaces will be put in place by Friday to add up to 2.4 parking spaces per unit; they are looking into ways to add another 20-30 parking spaces; confirmed that notices go up 2 weeks in advance and are followed-ul~ on a couple of days in advance; residents are asked to remove their cars from certain carport areas to be worked on to avoid towing; the website is updated weekly to keep residents informed on any future planned utility outages or carports to be removed, etc.; a ~~arking count was recently done at 10 p.m., 2 a.m., and 4 a.m., and at all times there were approximately 60 open spaces available. He said they will continue to do counts on a weekly basis. March 17, 2009 Cupertino City Council Page 7 Building Official Greg Casteel said that he made some unannounced visits to Villa Serra with the Fire Marshal and noted that the w~ilkways looked good. He said the center access had issues but Prometheus was responsive to those concerns. He noted that the streets on the east side were chewed up due to the rain and the senior Fire Marshall said that has now been improved. He said he was impressed that the site was as well-maintained as it was for a construction site. Council gave direction to Prometheus such as making sure every unit has at least one permanent, assigned parking space if I~ossible, and to notify residents effectively regarding parking spaces being taken up due to construction. Council received the report. Item No. 13 was taken up next. UNFINISHED BUSINESS 13. Consider a Municipal Code amendment to the Single Family R1 ordinance (section 19.28.060) regarding the allowed ratio of the second floor building area compared to the first floor building area, Application No. MCA-2008-03, City of Cupertino, Citywide (Continued from Feb. 17). The revised ordinance will consider adjusl:ing the allowed ratio and associated 2"d floor setback surcharge/exposed wall rule to facilitate greater architectural diversity, but will not consider increasing or decreasing the total allowed building area on an R1 lot. The ordinance amendment will also include: minor language clarifications relating to gardening activities and miscellaneous wording changes to improve the readability of the document. First reading of Ordinance No. 09-2039: "~,n Ordinance of the City Council of the City of Cupertino amending Chapter 19.28: Si~igle-Family Residential (R1) zones of the Cupertino Municipal Code regarding the allowed ratio of second floor building area compared to the first floor building area, second story exposed wall rule, second story setback surcharge, clarification regarding gardening activity and minor language clean up to improve readability of the document." Associate Planner Piu Ghosh reviewed the :staff report. Jennifer Griffin said that the Rancho Rin~;onada neighborhood came into Cupertino to avoid big, box homes but that they are novr coming back because Cupertino has no rules to avoid them. She said she is against any changes to the ordinance, especially any bigger second stories, and doesn't want the second-story surcharge removed. Eric Keng said that the ordinance changes would give the architects more flexibility of design to create a better outcome. He noted that any project would have to go through a public hearing process so that would avoid -big, boxy homes from being built. March 17, 2009 Cupertino City Council Page 8 Joshua Richardson said that he chose his neighborhood because of the schools and that it has nice-looking, large homes. He said that: this is what people want and by removing the 45% rule it creates more square footage and makes the homes more attractive. Larry Mattheakis said that he is against making any changes, but if any are made, he is in favor of applying design principles to all second stories. He reminded Council that in 1999 the residents also had a strong, public opinion against the "monster homes" that were being built then and noted that if Council approves the change in second stories to be greater than 45% then it would be the same as in 1999. He also noted that in an all- City questionnaire put out in 2004 regardi~ig the R1, 75% of the respondents wanted the second story to be either less than 50% or to remain the same. He urged Council to take public opinion into consideration. Mary Roller said that she currently lives iri a tiny house with four children and wants to remodel but won't consider a second story because the house would be too small and unattractive with the 45% rule. She said slie was in favor of increasing the second story percentage and allowing the Architectural F:eview board to determine aesthetics. Ned Britt said that Council should consider lot size and slope lines as well as setback. Lin Tu said he supports removing the current 45% restriction so that more space can be accommodated for solar panels on the roof. Mayor Mahoney read comments by Miriam Salu: She said that she did not agree with making changes in the R1 ordinance except for allowing gardening and horticulture for personal use. YunQian Qi said that he doesn't like big, boxy houses but if the second floor to first floor ratio is limited then all two-story houses will look the same and would be unattractive. He expressed his support for an ordinance change. Rudy Parra said he designed houses before the change in 1999 and that now it's much more difficult with the restrictions. He said he supports changing the ordinance so that the second story could be built bigger and note;d that with the design review in place, houses will still look attractive. Susan Chen said that she supports the Plarviing Commission recommendation for second- story design guidelines. She noted that the current restrictions consume more construction materials and increase the cost of buildin€; the house. She said that many of her clients decided not to build in Cupertino because of the restrictions. She urged Council to eliminate the second story restriction to l:~uild more attractive homes in Cupertino and keep it greener. Sandoval moved and Mahoney seconded to approve atwo-tier process with no surcharge for the 2nd story Floor Area Ratio (FAR) over 45%; utilize Exhibit A as part of the March 17, 2009 Cupertino City Council Page 9 ordinance as the full set of guidelines; include section 6.1 (Green Building Principles) in its educational entirety; and remove the word "discretionary" on page 1 of the Design Principles so that the first sentence under Design Principles would read: "These design principles help integrate new homes anti additions to existing homes with existing neighborhoods by providing a framework f ~r the review and approval process." Santoro offered a friendly amendment to include Section 6.1 only up to the first bullet. Sandoval modified her original motion to keep the first two paragraphs of section 6.1 and include only the bullets from the rest of the section: "Site planning, Energy efficiency, Material efficiency, and Water conservation." Mahoney agreed to the amended motion. The motion carried unanimously. The Deputy City Clerk read the title of the ordinance. SandovallMahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: 1~lahoney, Sandoval, Santoro, Wang and Wong. Noes: None. NEW BUSINESS -continued 14. Receive information item on the Vallco (Cupertino Square) Development Agreement expiration. Wong moved and Sandoval seconded to continue this item to a future meeting. Sandoval withdrew her second and Council received the report. This issue will come back to Council at a later date as an action item. ORDINANCES 16. Conduct the second reading of Ordinance No. 09-2040: "An Ordinance of the City Council of the City of Cupertino amending Section 2.18.080 of the Municipal Code relating to the City Attorney to clarify wording regarding evaluations". City Attorney Carol Korade recused herself' and left the dais. 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, Sandoval, Santoro, Wang, and V~'ong. Noes: None. Sandoval moved and Wong seconded to enact Ordinance No. 09-2040. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -These were taken up earlier in the agenda. March 17, 2009 Cupertino City Council Page 10 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT Adjourn to Tuesday, March 24 at 5:00 for a Council work program study session in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue, to be followed by a closed session regarding the evaluation of the City Mar-ager, City Hall Conference Room A, 10300 Torre Avenue. At 12:16 a.m. on Wednesday, March 18, the meeting was adjourned to March 24 at 5:00. ~~-~) 1~ Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.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 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.