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CC 10-06-09C O P E RT I N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, Octol'~er 6, 2009 CLOSED SESSION At 6:00 p.m. Mayor Orrin Mahoney called the reg~xlar 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 (6:07 p.m.), and Gilbert Wong (6:05 p.m.). Absent: none. 1. Public Em~loyee Appointment of the City Attorney (Government Code 54957). No documentation in packet. Council recessed to a closed session, and reconvened in open session at 6:55 p.m. City Manager David Knapp stated that Council gave direction to the contract attorney who was hired to negotiate for position of new attorney. He said that the draft contract for the City Attorney's employment will be put on the agenda of October 20. Council reconvened in open session at 6:55 p.m. PLEDGE OF ALLEGIANCE At 7:00 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and le~~ 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. Proclamation in recognition and support of California Arts Day, October 9, 2009. (No documentation in packet). Mayor Orrin Mahoney presented the procl~~mation to Fine Arts Commission Chairperson Robert Harrison. October 6, 2009 Cupertino City Council Page 2 Mayor Mahoney commented on the importance of the arts in the community and stated that the City had significantly supported tree arts commission's programs. He noted that new building projects in the City provided i:inancial support for art programs and recently an art exhibition at City Hall had shov~~cased several talented local artists. Robert Harrison, Fine Arts Commission Chairman. noted that visual and performing arts were an important part of the community and on behalf of the Commission he thanked the Council, staff and residents for their support. 2A. Mayor Mahoney announced an additional ceremonial item, and presented a proclamation to Mr. Simon Yavelberg declaring National OCD (Obsessive Compulsive Disorder) Awareness Week. Mr. Yavelberg stated that about 3% of the f~opulation suffered from obsessive compulsive disorder. In Santa Clara County this would be about 35,000 - 50,000 residents. This disease while not curable was manageable <<nd he thanked Council for their recognition of the problem. Mr. Yavelberg noted that it was important to educate the public on this disorder. POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Item 18 -Email from Barbara Rogers supporting the request to allow commercial office use on the property in question, and a copy of Planning Commission Resolution No. 6563. Item 20 -Replacement for page 20-12, to show signatures on a petition for sidewalk exemption. ORAL COMMUNICATIONS Anita Grossman, Executive Director of the Fremont Union High School (FUHS) Foundation, presented an update on the Foundation. She noted that the FUHS was anon-profit group that served the schools in the District. This included 10,300 students, parents and faculty. Ms. Grossman referred to two new programs that were quite successful. One provided a virtual planner for the students and also allowed parents to interact with the teachers. The other was a college and career planner. Ms. Grossman also noted that on October 17 they would be holding one of their fundraisers "Art in the Vineyard". Det~iils were available on their website. Councilmember Santoro raised the issue of the Lehigh Cement Company and the comments and at times confusing information being circulated. about their use permit renewal. While he understood that the plant was not in the City's jurisdiction, he said he wondered if it wouldn't be helpful if the City established a committee to look at the information and report back to Council. This committee could include Erin Cooke, the City's Green Coordinator, and possibly someone from the Public Works Department. Mayor Mahoney suggested that this matter would be more appropriately discussed under Council Reports. October 6, 2009 Cupertino City Council Page 3 CONSENT CALENDAR Sandoval moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 15, which was pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Nees: None. Abstain: None. 3. Approve the minutes from the September l:> City Council meeting. 4. Adopt resolutions accepting Accounts Pay~ible for September 11, 18, and 25, Resolution Nos. 09-152 through 09-154. 5. Adopt a resolution accepting Pam for September 18, Resolution No. 09-155. 6. Accept the Treasurer's Investment report for August 2009. 7. Authorize the City Manager to sign the agreement with Valley Church for donation of the mobile skate park equipment. 8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Yu Zheng and Mei Yan 10530 Mira Vista Avenue, APN 357-04-027, Resolution No. 09-156. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying properly. 9. Adopt a resolution approving an improvement agreement, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109, Resolution No. 09-157. Through the improvement agreement with the City, the applicants for a building permit for asingle-family development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 10. Accept a citesproject performed under contract: 2009 Pavement Restoration, Project No. 2009-03. The City's contractor G. Bortolloto & Company, Inc. completed work on the 2009 Pavement Restoration Project. The project involved pavement patching on various city streets. 11. Adopt a resolution accepting a Grant of Easement for Open Space Purposes, Chuan-Min Chang and Chiu-Chuan H. Wang, 10!20 Sterling Boulevard, APN 375-24-026, Resolution No. 09-158. October 6, 2009 Cupertino City Council Page 4 The property owners of this residential development agree to grant to the City an easement for Open Space purposes, together with the right to construct, install, and maintain a future public creek trail, over a portion of the property. 12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Yifong Shih and Wan-Yen Hsti, 10650 Madrid Court, APN 356-08-049, Resolution No. 09-159. The property owners of this residential dev~:lopment agree to grant to the City the right to extract water from the basin under the overlying property. 13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc., 10431 North De Anna Boulevard, APN 326-33-114, Resolution No. 09-160. The property owner of this commercial development agrees to grant to the City the right to extract water from the basin under the overlying property. 14. Adopt a resolution accepting a Grant c-f Easement for Roadway Purposes, Marci Properties, LLC, A Delaware Limited Liability Company, 10056 Orange Ave, APN 357- 17-058, Resolution No. 09-161. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, toge;ther with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 16. Approve an application for an Alcoholic Fteverage License for Aqui Cal Mex (formerly Harvest), 10630 S. De Anza Blvd., On-Sale General for Bona Fide Public Eating Place (47). 17. Approve an application for an Alcoholic Beverage License for C&C Breeze Cafe (formerly Fortune Garden), 21670 Stevens Creek Blvd., On-Sale Beery & Wine -Eating Place (41). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 15. Approval of expenditure from the Mayor's Discretionary d for travel to Korea by Vice-Mayor Wang for the Asian Pacific Cities Summit in the amount of $1,201.68. Councilmember Sandoval stated that she removed this item from the Consent Calendar not because of the specific expenditure lout because it raised a question about travel expenses in general. In view of the difficult economic times she asked staff for specifics regarding the City's travel policies. Director of Administrative Services Carol Atwood stated that last year's Citywide travel budget was approximately $150,000. Tliis year the budget was reduced by 33%. October 6, 2009 Cupertino City Council Page 5 Council's budget was reduced from $1 S,OCi0 to $12,500 and came in below budget. Ms. Atwood commented that depending on thc; involvement of certain Councilmembers on various committees, etc. the amounts varied with some Councilmembers incurring higher travel expenditures than others. As long a.s the expenditures remained within the total travel budget there was not an issue. Ms. Atwood also noted that all expenditures were on a zero-based budget. In response to a question from Council, Ms. Atwood stated that the Planning Commissioners attended a pl~uuiing institute every year and the other commissions had very small budgets, if any, and were offered internal training sessions if they wanted to attend. Ms. Attwood also stated that a recap would include all travel and transportation costs including such costs from the Mayor's Discretionary Fund. Sandoval moved and Wong seconded to approve the expenditure from the Mayor's Discretionary Fund for travel for Vice-Mayer Wang. The motion carried unanimously. PUBLIC HEARINGS 18. Consider a modification to an existing Use Permit (U-2004-01) to amend the conditions to allow commercial office uses where onl~~ retail had been allowed, Application No. M- 2009-07, Catherine Chen (Cupertino Ad~~be, LLC), 20130 & 20132 Stevens Creek Boulevard, APN 369-03-001. Senior Planner Colin Jung stated that currently 50.1% of the commercial space was occupied by Max Muscle and 49.9% was vacant. The applicant recently acquired the commercial portion of the mixed-use development with the intent of moving her State Farm office to the vacant location. She was not aware of the retail limitation on the properly and was requesting that the condition be modified to allow 49.9% of the building space to be used as commercial/office. The Planning Commission's recommendation was to amend the use permit conditions to allov~~ commercial office uses where only retail had been allowed with the following added condition: A covenant shall be recorded on the property stating that the property is under a Cupertino Planned Development Zoning. The property owner and future successor shall check with the City to find out the specific restrictions under the Planned Development Zone and related permits. Catherine Chen, applicant, supported the Planning Commission's recommendation to allow general commercial uses in the commercial building space instead of allowing retail only. She noted that the current space had been vacant for 18 months and it was difficult for retail to survive in this location.. She noted that the driveway was narrow and easy to miss and most people wanted to shop in an area with many stores. It was her hope to relocate her State Farm office to this location. She had long standing clients so the access would not be a problem and she hid a staff of two so parking would not be an issue. Ms. Chen also noted that Council h~~d allowed less than 100% retail uses at other mixed use developments in the City. Jody Hansen and Ruby Elbogen spoke in favor of allowing the use permit modification. They noted that this had been a blighted property which was now quite nice and Ms. October 6, 2009 Cupertino City Council Page 6 Chen was an active member of the business community. These were difficult economic times and vacancies were not good for the (:ity's image. Sandoval moved to approve Application I~lo. M-2009-07 as recommended in Planning Commission's Resolution No. 6563, and approve with the modification to allow 50% commercial/office use and 50% retail only for the current property owner. Wong seconded, and the motion carried unanimously. Community Development Director Aarti Sl~rivastava noted that if the property ownership changed, the zoning would revert back to -100% retail use. Council members agreed that was their intent. 19. Conduct a public hearing and the secor.~d reading of Ordinance No. 09-2048: "An Ordinance of the City Council of the City of Cupertino adding Chapter 1.10 to the Cupertino Municipal Code pertaining to administrative citations, fines, and penalties." Senior Code Enforcement Officer Alex Wykoff reported that staff was recommending the implementation of two new administrative procedures: an administrative citation procedure for violations and the impositior.~ of administrative penalties to deal with more complicated situations. These procedures would allow for greater control over City compliance issues and would result in swifter responses to correct the situations. They would also be conducted by in-house hearing officers. In addition, the administrative citation process would preclude the (~ounty from adding an additional 228% administration fee thus reducing the overall fee to the citizen or business involved. He also noted that the fee structure was set by the California State Government Code. Mark Burns spoke to Council as a resident., a realtor and on behalf of the Silicon Valley Association of Realtors. He noted that local realtors monitored the issue of real estate sign placement. However, he stressed th~it caution should be used before fines were imposed so as not to abuse people. He referred to situations where an owner might be out of town for an extended period of time and would not be aware of the problem. Director of Administrative Services Carol ~~twood noted that the City took every effort by way of written notification to advise owners of the code compliance concerns and also gave the owners an opportunity to correct the situation before fines would be imposed. The public hearing was closed at 8:30 p.m. Wong moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Wong moved and Santoro seconded to enact Ordinance No. 09-2048. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. October 6, 2009 Cupertino City Council Page 7 UNFINISHED BUSINESS 20. Adopt a resolution approving asemi-rural desi ng ation to eliminate the requirement for sidewalks on Santa Lucia Road pursuant to Ordinance No. 1925, Resolution No. 09-145. (Continued from Sept. 15). Assistant Public Works Director Glenn Goepfert noted that property owners along the frontage of Santa Lucia Road had circulated a petition in support of altering their neighborhood designation to semi-rural ley waiving sidewalks. At its September 16 meeting, Council had requested that four other affected properties be notified. These property owners have also signed in support of the semi-rural designation. The City's Municipal Code requires that two-thirds approve such a change. In this case there was three-fourths approval. The public hearing was closed at 8:35 p.m. Wong moved and Santoro seconded to ado~~t Resolution No. 09-145. The motion carried unanimously. NEW BUSINESS 21. Conduct the first reading of Ordinance No. 09-2049: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 14.04.040, Street Improvements: Requirements -General, to include language regarding rural and semi- rural designation for properties with frontage along more than one street". The City Clerk read the title of the ordinance. Sandoval moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandorval, Santoro, Wang and Wong. Noes: None. 22. Receive the annual commissions and committees scheduled vacancy report with terms expiring January 30, 2010, and select an application deadline date and interview dates. City Clerk Kimberly Smith reported that there were terms on the following committees that would expire in January, 2010: Bicycle/Pedestrian, Community Development Block Grant, Fine Arts, Housing, Parks and Recreation and Public Safety. She noted that these vacancies would be announced in October by way of the website, local media, mailed notices and postings. Staff was recommending January 13, 2010 for application deadline and January 26 and, if needed, January 27 fir interviews. Sandoval moved and Wang seconded to ~ipprove staff's recommendation. The motion carried unanimously. ORDINANCES -None October 6, 2009 Cupertino City Council Page 8 STAFF REPORTS -None COUNCIL REPORTS -None Council members highlighted the activities of their committees and various community events. Council discussed the issue raised earlier by C~ouncilmember Santoro regarding the Lehigh Cement Company. It was noted that Council had no jurisdiction over this facility but it could assist in informing the residents of the accuracy of the information being circulated. This could involve setting up a committee including Erin Cooke, the City's Green Coordinator, the Public Works Director, and a couple of resident representatives from the facility's nearby neighborhoods. The City Manager noted that staff did not have the expertise of the agencies involved but could provide secondary research of the information being distributed. Council agreed that it would be a compilation and distill~ition of information not an evaluation. It was agreed that the City Manager would work with the: appropriate staff members and report back to Council. Council discussed the meeting schedule for the next few months. They noted that the first meeting in November fell on Election Day and discussed whether to change it to another night. The Municipal Code stated that it would change to the Monday before Election Day but possibly another night would be better. Council also noted that the first meeting in December was historically ceremonial in that the new Council wa:~ seated. Perhaps a brief meeting could be held the following night to conduct business. The City Clerk noted that the first meeting in January was scheduled immediately after City offices would be closed for the holidays. Therefore, the packet for this meeting would need to be completed before December 24. Council also raised the issue of a possible study session on the proposed Rotary housing project. It was agreed to agendize the meeting dates for the next Council meeting. ADJOURNMENT At 9:14 p.m., the meeting was adjourned. ~~~-~. Kimberly Smith i 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.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comca;~t Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.