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CC 06-16-09CUPERTINO APPROVED MINUTES CUPERTINO C][TY COUNCIL Regular 1vleeting Tuesday, June 16, 2009 JOINT CITY COUNCIL AND REDEVELOPMENT MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the joint regular meeting of the City Council and the Redevelopment Agency 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. Redevelopment Agency members present: Chairman Orrin Mahoney, Vice-Chair Kris Wang, and Agency members Dolly Sandoval, Mark Santoro, and Gilbert Wong. CEREMONIAL MATTERS - PRESENTATI~~NS -None POSTPONEMENTS Wong moved and Wang seconded to continue item No. 17 July 21 at the request of staff. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • An email from Eva Wong proposing an increased effort to recruit high school students as volunteers (No. 14) • A packet of information requested by Council regarding possible additional items for the budget (No. 14) • An email with attached letter from Michael Foulkes regarding additional properties discussed under the housing element (No. 18) • Letter from Philip Mahoney regarding the housing element and rezoning of property (No. 18) • PowerPoint presentation (No. 18) June 16, 2009 Cupertino City Council Page 2 ORAL COMMUNICATIONS Daniel Nguyen, Volunteer Coordinator for the July 4 grand opening of Blackberry Farm event, said that volunteers are needed from safety groups such as the Citizens Corps, Community Emergency Response Team (CERT), Cupertino Amateur Radio Emergency Service (CARES), and the Medical Corps. He noted that there would be a training session for the event on June 29 and that the Sheriff's Department would sponsor a BBQ for all the volunteers on the day of the event. CONSENT CALENDAR Wong moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 4, 6, 9, 10 and 11 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, V~'ang, and Wong. Noes: None. Abstain: None. 1. Approve the minutes from the May 27 and June 1 City Council meetings. 2. Adopt resolutions accepting Accounts Pa~ as ble for May 29 and June 5, Resolution Nos. 09-085 and 09-086. 3. Adopt a resolution accepting Payroll for M ay 29, Resolution No. 09-087. 5. Authorize the Mayor to sign a letter supporting Mt. Umunhum cleanup. 7. Alanna Schroeder, (Rocktino Fee, LLC), 10100 Tantau Avenue, APN 316-19-061: a) Authorize a request for a one _year ,extension for the Use Permit (U-2007-03) for a retail building and parking garage project at an existing office site to August 21, 2010, Application No. DIR-2009-06 b) Authorize a request for a one year e;xtension for the Architectural & Site Ap rp oval (ASA-2007-OS) and Exception to the Heart of the City Specific Plan (EXC-2007- 08) for a retail building with a 32-foot setback along Stevens Creek Boulevard and N. Tantau Avenue, and parking garage project at an existing office site to August 21, 2010, Application No. DIR-2009-07 c) Authorize a request for a one _yeat• extension for the Tree Removal Permit (TR- 2007-03) in conjunction with an approved retail building and parking garage project at an existing office site to August 21, 2010, Application No. DIR-2009- 08 8. Adopt a resolution setting a hearin~~f July 21 to provide for lien assessments and collection resulting from abatement of a~~ublic nuisance (brush and weeds), resolution No. 09-089. June 16, 2009 Cupertino City Council Page 3 12. Adopt a resolution calling a General Municipal Election on Nov. 3, 2009, to fill three City Council seats, Resolution No. 09-091. 13. Award a construction contract for the Memorial Park Softball Field and Library Field Irrigation Renovation Project, Project No. 2009-02, to B & B Landscape Contractors, Inc., in the amount of $234,031, and approve a construction contingency of $35,000 to cover any unforeseen work required to complete the project, for a total of $269,031. ITEMS REMOVED FROM THE CONSENT I~ALENDAR (above) 4. Adopt a resolution supporting the move cf the Oakland A's to San Jose, Resolution No. 09-088. Santoro moved and Wong seconded to approve this item. The motion carried unanimously. 6. Authorize the Mayor to sign a letter opposing SB 711 regarding labor relations. Council member Sandoval noted that this bill is currently inactive and Council took no action. 9. Accept applications for an Alcoholic Beverage License: a) TGI Fridays, 10343 N. Wolfe Rd. -- On Sale General Eating Place (47) b) Chiaramonte's Sausage & Deli, 10123 N. Wolfe Rd. - On Sale Beer and Wine for Bona Fide Public Eating Place (41) Wang moved and Wong seconded to accept the applications. The motion carried unanimously. 10. Adopt a resolution adopting the 2007 V;~lley Transportation Authority (VTA) Bicycle Technical Guidelines, Resolution No. 09-090. Santoro moved and Wong seconded to adopt the resolution. The motion carried unanimously. 11. Authorize the City Manager to apply for lFederal stimulus funding from the Department of Energy (DOE) through the Energy Efficiency and Conservation Block Grant (EECBG) program and enter into an agreement with Siemens to perform a detailed energy and water audit of City facilities and grounds. Santoro moved and Sandoval seconded to approve this item. The motion carried unanimously. June 16, 2009 Cupertino City Council Page 4 PUBLIC HEARINGS 14. Receive public comments, discuss, and adept the 2009-10 budget: a. Grant a Negative declaration b. Adopt a resolution establishing a:n operating and capital budget for fiscal year 2009-10, Resolution No. 09-092 c. Adopt a resolution establishing an appropriation limit for fiscal year 2009-10, Resolution No. 09-093 d. Adopt a resolution establishing an operating_budg_et for the Redevelopment Ate, Resolution No. 09-01 e. Authorize a Park Planner position <<nd Senior Code Enforcement position Deputy City Clerk Grace Schmidt distributed an email from Eva Wong proposing an increased effort to recruit high school students as volunteers, and a packet of information requested by Council regarding possible additional items for the budget. Administrative Services Director Carol Atwood reviewed the follow-up information requested by the City Council at their lest budget meeting on June 10 and asked the particular staff person to comment on his ~~r her items: Public and Environmental Affairs Director Rick Kitson commented on the City Channel broadcasting options to enhance quality and the cost to upgrade the website search engine; Atwood responded to questions regarding Citywide noticing and the possibility of going electronic; Parks and Recreation Director Mark Linder talked about school fields and De Anza College & Foothill Union High School District (FUHSD) services; Rick Hausman, from the Cupertino Union School District (CUSD) responded to questions regarding the contract for crossing guards. At 8:16 p.m., Mayor Mahoney opened the :public hearing. Ed Hirshfield asked Council to consider lighting the upper 5 tennis courts at the Cupertino Sports Center. He recommended studying the degree of interference from light and/or sound and to have a City sponsored group meeting with the Home Owners Association of the neighboring condominium complex to discuss these issues. He also thanked Council for funding the existing lighting. Jennifer Griffin said that sidewalk maintenance should be considered just as important as maintenance on roads, street lights and other City amenities. She also noted the importance of parks such as the Lawrence: Mitty Park and to retain the school resource officers (SROs). She said that citywide noticing is a major issue since some people don't use the Internet and don't have computers. June 16, 2009 Cupertino City Council Page 5 Jim Black complimented the City Council and staff on a balanced budget and the new playground at Blackberry Farm. He also thanked Council for considering the dog park and said that more things could be done with the bridge and ponds at Linda Vista. Daniel Nguyen, Vice-chair of the Public Safety Commission, said that the commission is making good progress on and working diligently to use the $29,000 Council provided to the commission. He said that two key projects are awalk/bike/carpool to school event on October 9 which is the same day as National Walk to School Day, and that they are hoping to have another event next spri~lg to coincide with Bike to Work Day. He responded to a comment from Council regarding the crossing guard contract and said he would take it back to the commission for input. At 8:33 pm. Mayor Mahoney closed the public hearing. Council directed staff to look into these follow-up items: • Make sure the 9 school fields are included in the park land statistics • Add information in the Cupertino Scene that school fields can be used after school hours • Next time aland-use citywide notification is done, reference the website for updates and start a datal;~ase for those who will accept email • What programs does the Sheriff's office provide for youth • Meet with the Homeowners Association next to the Cupertino Sports Center to see what concerns are, if any, regarding lighting the additional 5 tennis courts • School sports field maintenance agreement • Review the crossing guard contract for operational savings possibilities and provide Council with contract specifics Wong moved and Sandoval seconded to grant a Negative Declaration for the City of Cupertino budget. The motion carried unanimously. Wong moved and Sandoval seconded to adopt City Council Resolution No. 09-092, establishing an operating and capital budget for the City of Cupertino for fiscal year 2009-10 with the following changes: • Reduce playground safety audit ($8,500) • Reduce annexations ($10,0(10) • Reduce building abatement; ($15,000) • Reduce building maintenance for Quinlan ($20,000) • Reduce building maintenance for the Senior Center ($18,000) • Reduce school field maintenance for Lincoln ($22,000) • Reduce school field maintenance for Garden Gate ($28,000) • Add website search engine 530,000 • Add leadership 95014 $12, ~ 00 • Add City Channel re-cablin;; project $50,000 June 16, 2009 Cupertino Cit:~ Council Page 6 • Add walk bike to school program $50,000 • The City Manager/Admin Services Director to find $20,000 to balance • include $580,000 out of tlce Recreation Fund for the Linda Vista water feature and dog park project The motion carried unanimously. Wong moved and Sandoval seconded to adopt City Council Resolution No. 09-093, establishing an appropriate limit of $70,7;33,348 for the City of Cupertino for fiscal year 2009-10. The motion carried unanimously. Wong moved and Sandoval seconded to adopt Redevelopment Agency Resolution No. 09-01, establishing an operating budget for the Redevelopment Agency for fiscal year 2009-10. The motion carried unanimously. Wong moved and Sandoval seconded to authorize a Park Planner position and Senior Code Enforcement position for the City of Cupertino. The motion carried unanimously. ADJOURNMENT -REDEVELOPMENT AGI~NCY At 9:42 p.m. the Redevelopment Agency adjourned, and the City Council meeting recessed from 9:42 p.m. to 9:53 p.m. PUBLIC HEARINGS -CITY COUNCIL 15. Adopt a resolution approving the renewal and collection of the existing storm drain fees at no increase in rates for fiscal year 2009-:010, Resolution No. 09-094. Public Works Director Ralph Qualls reviewed the staff report. At 9:54 p.m., Mayor Mahoney opened they public hearing. There were no speakers, and the hearing was closed at 9:54 p.m. Sandoval moved and Wang seconded to adopt Resolution No. 09-094. The motion carried with Council members Santoro and. Wong absent. 16. Consider a modification to a Use Permit (49-U-87) to allow an approximately 6,670 square foot preschool & daycare facility ro operate at an existing commercial building. The application also includes a new outdoor play area in a section of the existing rear parking lot. (Growing Tree Learning Center), Application No. M-2009-03, Suna Lai (Cupertino Stevens, LLC), 20100 Stevens Creek Blvd., Suite 160, APN 369-03-002. City Planner Gary Chao reviewed the staff report. June 16, 2009 Cupertino City Council Page 7 Applicant Janice Yeh speaking on behalf' of the owner of the school said that they are happy to extend the existing curb so cars can't drive directly into the playground area. She answered questions from City Council. regarding green screening. At 10:14 p.m., Mayor Mahoney opened the public hearing. There were no speakers, and the hearing was closed at 10:14 p.m. Wong moved and Santoro seconded to approve the use permit modification to allow a preschool and daycare facility in the existing commercial building as recommended by the Planning Commission with the following additional conditions: • Daycare/preschool or similar uses. as determined by the Director of Community Development, shall not be allowed in the remaining portion of the building (where Chicago Title currently occupies) • Extend the existing curb along the East side of the play yard adjacent to the existing drive aisle The motion carried unanimously. 17. Consider a major amendment modif~g_tY-e Architectural and Site Approval (ASA-2008- OS), Use Permit Modification (M-2008-0:3), Director's Minor Modification (DIR-2008- 32) and Tree Removal Permit (TR-2008-()6) for the purpose of extending the expiration date of these approvals for six years, phasing construction, clarifying conditions of approval, and modifying the traffic and signal improvement condition, Application No. M-2009-02, Tim Kelly (Embarcadero Capital Partners), 1 Results Way, APN Nos. 357- 20-046, 357-20-041. (Continued to July 21 at the request of staff). During the "Postponements" section of thf; agenda, this item was continued to July 21 as requested by staff. UNFINISHED BUSINESS 18. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05, GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from June 10): a) General Plan Amendment for 2007-2014 Housing Element update Deputy City Clerk Grace Schmidt distributed the following written communications for this item: • An email with attached letter from Michael Foulkes regarding additional properties discussed under the housing element • Letter from Philip Mahoney reg~irding the housing element and rezoning of property • PowerPoint presentation from staff June 16, 2009 Cupertino City Council Page 8 Senior Planner Vera Gil reviewed the staff report via a PowerPoint presentation. Jennifer Griffin said that rezoning valuable tech and commercial property along congested corridors to high density housing is a terrifying idea. She said that she is fearful of what Cupertino will look like in the fixture if spot zoning continues. She also urged Council to not sacrifice the Loree Center. Keith Murphy said that he attended all the housing element meetings and that the process wasn't as useful as what it could have been. He noted that the community would support what would need to be done in the future if the City would let them help more with the process. He answered questions from City Council. Bob McKibbin and Tom Hugunin distributed a handout to Council regarding the numbers brought up by staff and the consultant. Mr McKibbin said that there was a discrepancy in the numbers from April regarding how m:iny units were needed. He asked where it says the properties to be earmarked have to be 20 units per acre or larger and recommended looking further at granny units and parcel splits. He noted that there should be a broader view of how to address the low-income housing element. He said that there is further room for more apartments and recommended that staff consider the option of building apartments above the garages rather than looking at the greenbelt that's associated with the apartment complex. He noted that the ?. mini-storages are at the end of their economic life at this point and over 5 years, it's plausible that these could be converted to residential use. He said they support the idea of changing the density rate from 15 to 10 or lower to make up the other numbers. They answered questions from Council. Community Development Director Aarti ~>hrivastava explained the numbers discrepancy and said that only 437 of the 516 units could be counted because the others didn't meet the low-income requirements. She noted that this information is also on page 50 of the Housing Element. Consultant Paul Peninger from Bay Area l~conomics explained the 20 dwelling units per acre question. He said that this is a California Department of Housing and Community Development (HCD) and not an ABAG requirement and that it is explained on the HCD website. Staff noted that a link to this pa,e can also be found on the Housing Element page of Cupertino's website. He said that the standard is to show that a City has enough sites at a minimum density of 20 dwelling; units to the acre to meet the regional housing allocation goals. This number would be different in another city, for example, it is 30 in San Francisco. He noted that this is moderate density housing, not high density housing, and definitely not towers. He answered questions from Council. Santoro moved to forward a draft Housing Element with a sites inventory that contains sites 1-9 from Table F.1 (Tier 1), the former Morley Bros. site, the Glenbrook Apartments, the Villages at Cupertino, and the 3 parcels containing 10670-10700 N. Tantau Ave. from Table F.4. Wong seconded for purposes of discussion. Mahoney offered a friendly amendment that if the Tantau property owner is unwilling to pay for a soil study, then site 14 at 20705 Valley Green Dr. would be a backup site. Santoro June 16, 2009 Cupertino Cit:~ Council Page 9 accepted the friendly amendment. Wang o:Ffered another friendly amendment to lower the realistic yield buffer from 15% to 10% for the first choice properties, but if the property owner does not agree to pay for a soil test, then the realistic yield buffer would then reflect the 15% decrease. Santoro accepted the friendly amendment. The motion carried unanimously. NEW BUSINESS 19. Consider approving revisions to Title 6 C1lapter 6.28 "Governing the Provision of Cable and Video Services in the City", of the City of Cupertino Municipal Code. a) Conduct the first reading of Ordinance No. 09-2045: "An Ordinance of the City of Cupertino amending Chapter 6.28, governing the provision of cable services in the City, of Title 6, Franchises, of the Cupertino Municipal Code." Public and Environmental Affairs Director Rick Kitson reviewed the staff report. The Deputy City Clerk read the title of the ordinance. Wang moved and Sandoval 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. ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT At 11:29 p.m., the meeting was adjourned. h ~ ti-~~~~: ~.. ~ ~~~- Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.orQ. Click on Agendas & Minutes, and then click on the appropriate Packet. Most Council meetings are shown live on C~ible Channel 26, and are available at your convenience at www.cu~ertino.or~, Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.