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CC 06-06-06 ,. ..';;:;'\ I f:;;ij~"~"".' [Y ;; , :;:~ . ., it. . ~'!"? c,. "H'~ j\. "".YJV I nn"':'<'_~ __ ,.-~^,^,.., n . APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 6,2006 CUPERJINO PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang and Council members Patrick Kwok, Orrin Mahoney and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENT A TIONS 1. Proclamation for Elder Abuse Awareness Day (June 15,2006) presented to the Cupertino Senior Citizens Commission Mayor Lowenthal presented the proclamation to the following members of the Cupertino Senior Citizens Commission: Linda Walker, Estelle Incociati, Frank Yap and Christine Kennedy Pierce. POSTPONEMENTS- None WRITTEN COMMUNICATION The City Clerk distributed the following written communications: . For item No.9, emails in favor of rescinding the rezoning from Richard Huang, John Wong, Ho Lam Luck, San Huang, and S. Ren. . For item No. 13, emails dated 6/6/06, 5/17/06 and 5/18/06 from Keith Murphy concerning reconsideration petition fees. ORAL COMMUNICATIONS Robert Levy commented on the corridor plan for the Stevens Creek Parks and Trail. He suggested changing the design to make the entrance from San Fernando to Stevens Creek Boulevard; to close San Fernando to all but bicyclists, pedestrians and park vehicles; and to delete the boardwalk. June 6,2006 Cupertino City Council Page 2 Ned Britt commented on the perception of a conflict of interest issue pertammg to Councilmember Mahoney and his association with Hewlett-Packard. Mr. Britt noted that the consulting firm with which Councilmember Mahoney was associated did not have Hewlett- Packard as an occasional client but rather as their major client. He suggested this gave the definite appearance of a conflict of interest. Mike Harkin noted that he was the Historical Society's project manager for the Stocklmeir property. He commented that this property was a wonderful asset to the community and he strongly recommended saving the trees. Amari Ronen Thomas distributed a flyer from United Way Silicon Valley on the 211 toll-free calling code for the purpose of health and human service referrals and disaster assistance. CONSENT CALENDAR KwoklMahoney moved and seconded to approve the items on the Consent Calendar as recommended with the exception of items number 2 and 7 which were removed for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval and Wang. Noes: none 3. Adopt resolutions accepting Accounts Payable for May 12, 19 and 26 Resolution Nos. 06-099 through 06-101. 4. Adopt a resolution accepting Payroll for May 19, Resolution No. 06-102. 5. Accept the Treasurer's Budget report for April 2006. 6. Adopt a resolution accepting a pedestrian access easement over the parcel at 10745 De Anza Boulevard, Bay Colony Investors II, Oak Park Village, APN 326-10-064, Resolution No. 06-103. The easement along the boundaries of the Oak Park Village Parcel will allow pedestrian travel from the west side of DeAnza Boulevard at the 1-280 ramps to the neighborhoods North of Valley Green Avenue. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. Approve the minutes from the May 2 and May 16 City Council meetings. Sandoval/Wang moved and seconded to approve the minutes of May 16 as presented and the minutes of May 2 with the following correction: On page 5, 7th paragraph, change the line "placing a sunset clause on the permit parking fee" to read "placing a sunset clause on preferential parking zones". The motion carried unanimously with Council member Mahoney abstaining. 7. Accept a donation in the amount of$3,040 from the Friends of the Stevens Creek Trail for trail development and fish habitat enhancement. June 6, 2006 Cupertino City Council Page 3 Aaron Grossman commented that the Friends had collected this money in anticipation of future creek and trail development. He thanked Council for their support and noted that urban trails were difficult to get in place but once done they were very worthwhile. Sandoval/Wang moved and seconded to accept the $3,040 donation from the Friends of the Stevens Creek Trail. The motion carried unanimously. PUBLIC HEARINGS 8. Conduct the 2006/07 budget hearing. Director of Administrative Services Carol Atwood referred to her report on the 2006/07 budget study session follow-up items and commented specifically on certain of the items. Regarding the building maintenance detail budget, Ms. Atwood noted that consistent maintenance levels had been maintained during the past year and the increased cost related to a total of $60,000 for new staff. In response to an inquiry from Council, Ms. Atwood said that a report would be prepared by the Public Works Director on the maintenance costs for the city hall building directly related to the age of the building. In the economic development detail budget two items had been added: salary and benefits for 'l2 new person and website improvements. The budget item for RDA - Vallco Project Area included salary and benefits for a 'l2 new person, staff time allocated to the project and consultant fees to update the plan. Ms. Atwood noted that hybrid vehicles were not available for the city's particular vehicle replacement needs. Christine Kennedy Pierce, Senior Commission Chairwoman, stated her hope that their commission would have the funding to continue their work. Kathy Stakey, member of the Library Commission and Friends of the Library, thanked the Council for their support and provided statistics on the use ofthe library. Marty Miller, Planning Commission Chairman, commented on the North County Vallco Concept Study and urged Council to support this master plan project. Mr. Miller suggested hiring a facilitator with a background in urban planning, creating a task force, holding workshops, evaluating needs and new development patterns and reporting back to Council with a recommendation. Grant Gower, representing the Cupertino Tennis Club, thanked Council for their indicated support of the lighting project for the tennis courts. He commented on the community benefits of the recreational opportunities of tennis and also reported on their pilot program "10,000 smiles of tennis". This program involved bringing tennis instruction and equipment and equipment to school children K6 through middle school, and it was enjoying great success. John Ennals thanked Council for their support of Shakespeare in the Park. June 6, 2006 Cupertino City Council Page 4 Mark McKenna referred to the $50,000 indicated in the budget documents for the repair of the Stocklmeir roof. While he was a supporter of preserving this property, he believed that $50,000 was too much for just the roof but could be designated for overall preservation projects on the property. He offered the services of volunteers to make the roofrepair if the funding could be used for other improvements on the property. Council discussed the possible 2006/07 budget changes as brought forth from the May 3 I study session and made the following decisions: . Tennis Court Lighting: approve $50,000 for design costs in 2006/07 and consider additional $200,000 for project in 2008/09 budget. . Fix Quinlan Fountain: remove from budget at this time - keep high on list if money becomes available. . Community Festival Funding: approve $100,000 in addition to those events that have waivers in place. Staff will bring a report to next meeting with a list of specific events for consideration. . TV Public Engagement Program: $25,000 approved . Fine Arts Grants: $2,500 approved . Earthquake Insurance: Delete $100,000 . North Area Valko Concept Study: defer decision on $100,000 to next meeting for additional information from staff . Fix Stocklmeir roof: approve $50,000 with the change from specific roof repair to 'Preservation of Stocklmeir house' . Stocklmeir bridge: the bridge proposal will be brought to Council at their 6120/06 meeting as well as the corridor plan project. . Marquee at Cali Mill Plaza: staffwill come back with a report on location and cost . Community Hall Automatic Door: decision deferred to next meeting . Service Club Memberships: decision deferred to next meeting. . Request for $10,000 for 211 toll-free calling code: this should come out of CDBG funding, not the General Fund. Staff directed to bring back this request when CDGB funding is next being considered. Sandoval asked that the possibility of a partnership between Foothill-DeAnza College and the Sheriffs Department be explored. She also referred to a consortium of cities in Santa Clara County that had been formed to discuss retirement and health benefits and suggested this be added to the Council's goals and work plan. The 2006/07 budget hearing was continued to June 20 for a second public hearing. June 6, 2006 Cupertino City Council Page 5 UNFINISHED BUSINESS 9. Consider repealing Ordinance No. 1975 (Vallco condominiums) and/or Ordinance No. 1977 (Toll Brothers development) or call an election (Continued from May 16): A) Vallco condominiums (Ordinance No. 1975) 1) Conduct the first reading of an ordinance, repealing Ordinance No. 1975 (Valko condos): " An Ordinance ofthe City of Cupertino Repealing Ordinance No. 1975 Which Rezoned a Parcel at 10123 N. Wolfe Road (V allco );" or 2) Adopt a resolution calling for a special election on Nov. 7,2006; or 3) Adopt a resolution calling for a general municipal election on Nov. 6, 2007 B) Toll Brothers (Ordinance No. 1977) 1) Conduct the first reading of an ordinance, repealing Ordinance No. 1977 (Toll Brothers): "An Ordinance of the City of Cupertino Repealing Ordinance No. 1977 Which Rezoned a Parcel Located North of Stevens Creek Boulevard and South of 1-280 Between Tantau Avenue and Finch Avenue (Toll Brothers):" or 2) Adopt a resolution calling for a special election on Nov. 7, 2006; or 3) Adopt a resolution calling for a general municipal election on Nov. 6, 2007. City Clerk Kimberly Smith presented a PowerPoint report to the Council. She noted that on May 16, 2006, the City Council had accepted the certificate of sufficiency for both referenda petitions. Council may now choose to rescind the ordinances or put them to a vote of the people. Election costs varied depending on the type of election. If the measures were included in the November 2006 General Election the estimated cost was $217,859. rfthey were included in the November 2007 UDEL (Uniform District Election Law) the estimated cost was $224,781 and if a stand-alone election was chosen by the Council the cost would be $454,315. The City Clerk also presented background information on voter turnout in Cupertino for elections held from 1990 to 2005. This information reflected that voter turnout was higher in gubernatorial and presidential elections; was high during the Cupertino initiative election in 2005; and was lower during regular Cupertino UDEL elections. To date a cost of $4,477 had been incurred for petition signature verification and no other costs would be incurred until the cut-off date of August 11 when the ballot preparation began. June 6, 2006 Cupertino City Council Page 6 City Attorney Chuck Kilian stated that Toll Brothers had filed a lawsuit to invalidate the signatures on both of the petitions (Vallco and Toll Brothers) and a court date had been set for June 29. A decision should be reached by mid-August. The following individuals spoke in favor of rescinding the ordinances or bringing them to a vote of the people in November of2007: Shilpa Y oshi Rudy Griffin Ed Ford Al Difranceso Linda Soohoo Steve Scharf Tom Hugunin Ruby Elbogen Keith Murphy Patty Chi Their comments included: . The citizens needed time to determine the impacts of current development . Money would be saved if ordinances are rescinded . Cupertino Against Rezoning (CARe) had been established and was accepting donations to fight the lawsuit . Citizens should not be sued for following the democratic process. . Spending limits should be established regarding measures going to the voters to prevent "big money" from impacting results. . The public should have access to filed lawsuit (In response to this comment, the City Attorney stated that a copy would be available in the City Clerk's office as well as at Superior Court.) . The city's decision-making process was being driven by developers The following spoke against rescinding the ordinances or setting a November 2007 election: Kathy Stakey Mark McKenna, representing the Cupertino Chamber of Commerce Charlie Ahem Their comments included: . The petitions were confusing and did not specifically say November 2007. . Let the voters decide the issue as soon as possible by putting it on the November 2006 ballot. . The business community would be better served if the matter was resolved earlier . Both Vallco and Toll Brothers projects are important for the revitalization of the community and should move forward as soon as possible. Sandoval/Mahoney moved and seconded to adopt a resolution calling for a special Election on November 7,2006 regarding Ordinance No. 1977, Toll Brothers. Ayes: Lowenthal, Mahoney and Sandoval. Noes: Kwok and Wang. June 6, 2006 Cupertino City Council Page 7 Sandoval/Mahoney moved and seconded to adopt a resolution calling for a special election on November 7,2006 regarding Ordinance No. 1975, Vallco condominiums. Ayes: Kwok, Lowenthal, Mahoney and Sandoval. Noes: Wang. NEW BUSINESS 10. Consider conducting the first reading of Ordinance No. 06-1982: "An Ordinance ofthe Cupertino City Council Amending Chapter 9.18 ofthe Cupertino Municipal Code- Stormwater Pollution Prevention and Watershed Protection." The City Clerk read the title of the ordinance. SandovallKwok moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval and Wang. Noes: none. II. Consider granting a request from Mike Tsachres, owner of the Blue Pheasant, to initiate a process that would make it possible to him to stay open one hour later on Thursday, Friday and Saturday nights. Director of Parks and Recreation Therese Smith explained that the Blue Pheasant was owned by the city and leased to Mike Tsachres through March 31, 2009 with an option for an extended term if both parties agreed to the lease terms at that time. Current zoning did not allow a conditional use permit for operation past 11 :00 p.m. At this time if Council wished to grant Mr. Tsachres his request for later hours, staff could proceed with a targeted zone change that would not affect all Park-zoned properties. She clarified that the decision before the Council tonight was whether to allow Mr. Tsachres to initiate the hearing process, not to actually allow the extra hours. Mr. Mike Tsachres stated that in the last ten months there had been no major complaints or disturbances to the neighbors. He had security in place every night, had controlled the noise and had kept close watch on capacity and parking issues. He said there had been a steady decline in business resulting from fewer customers because of the limit on opening hours and said that, without the time extension, the establishment would not make it in the long run. The following individuals spoke against extending the hours for the Blue Pheasant Restaurant: Albrecht Schoy Maryanne Klinkowski George Carapiet Matjan Kashvad June 6, 2006 Cupertino City Council Page 8 Their comments included: . The neighbors were opposed to extra hours, and were given no chance for input on this request . Council should not change the compromise that had been reached just last year between the neighbors and the owner . A petition has been submitted signed by 24 neighbors opposing the extra hours . A commercial use is not appropriate for a residential neighborhood . The owner misrepresented the issues . Noise and trash issues had mostly been resolved but parking is still an issue; although closing hours are now 11:00 p,m., patrons and cars are there until 12:30 a.m. The following spoke in support of extended hours: Tom Pomposa Scott Ware Sandra Ware Paul Glass J ill Erskin Their comments included: . This is an important neighborhood establishment and has been there longer than the neighbors; it is a family restaurant with low staff turnover, good customer service, and provide a safe environment for patrons . The owner had improved operation dramatically and continues to work with the community . The owner needs to make enough profit to maintain the establishment and the extra three hours a week would make a difference; reduction in hours last year . was exceSSive . The parking issue did need to be addressed as part of the corridor plan, which included not only the restaurant but the golf course, the Historical Society and the trail users. Currently the corridor plan failed to extend the parking area. Mahoney/Wang moved and seconded to grant the request of the owner of the Blue Pheasant, Mr. Tsachres, to initiate before the Planning Commission the process to stay open one hour later on Thursday, Friday and Saturday nights with the understanding that he would pay for the application expenses. The motion carried with Kwok and Lowenthal voting no. The City Council directed staff to send public hearing notices to the affected neighborhood. The Community Development Director said this would cover approximately a one-mile radius from the Blue Pheasant. June 6, 2006 Cupertino City Council Page 9 12. Consider objections to the proposed removal of brush and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 06-081, Resolution No. 06-104. Wang/Kwok moved and seconded to adopt Resolutions No, 06-081 and No. 06-104 ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724. 13. Consider a Petition for Reconsideration regarding charging a fee for petitions for reconsideration. The petitioners are Keith Murphy and Darre1 Lum Director of Administrative Services Carol Atwood noted that on 4/4/06 the City Council had approved a new fee of $500 for petitions filed for reconsideration of Council decisions. Petitions for reconsideration of this fee had filed by Darrel Lum and Keith Murphy claiming that the fee imposed financial hardship for many and limited free speech rights. Atwood explained that the $500 fee was approximately 10% of the actual costs incurred for appeals and she reviewed a cost analysis for the last four reconsideration hearings. The City Attorney noted that Cupertino was the only city in the County to provide for reconsideration hearings. In other cities if an applicant did not concur with a Council decision their choice was to take the matter to court. Darrel Lurn reiterated his concerns that $500 was a large amount of money to some and the amount of staff time charged for such reconsiderations seemed excessive. He did not think a fee should determine what was meritless; merit should be based on open discussion. Mr. Lum also suggested that all Council meeting agendas and materials be available ten days before the meeting to allow ample time for public review, Keith Murphy concurred with Mr. Lum's comments. He also expressed his concern that the background emails he had attached to his petition had not been included in the Council's packet. They had not been made available until the Monday before the meeting. Jennifer Griffin commented that she had been present for all four of the most recent reconsideration hearings and she felt that each request had been made in all honesty by concerned citizens. She did suggest reducing the fee from $500 to $50 as a more equitable amount for citizens to pay. Council members noted that the findings could be made that this fee was legal and was did not limit the democratic process. They also discussed the merit of eliminating this new fee. Mahoney/Kwok moved and seconded to deny both reconsideration petitions, and to adopt a minute order that the next agenda will include an item to consider eliminating the fee. The motion carried with Wang and Lowenthal voting no. June 6, 2006 Cupertino City Council Page 10 14. Consider allowing the appointment of candidates who are related to Teen Commission members. First reading of Ordinance No. 06-1983: "An Ordinance of the Cupertino City Council Amending Sections of the Cupertino Municipal Coded Regarding the Qualifications for Commission Applicants." K wok/Sandoval moved and seconded to make no changes to the qualifications for commission applicants. The motion carried with Lowenthal voting no. 15. Consider conducting the first reading of Ordinance No. 06-1984: "An Ordinance of the Cupertino City Council Amending Chapter 2.16 of the Cupertino Municipal Code, City Council - Salaries." Director of Administrative Services Carol Atwood noted that the last Council salary increase was in 2001. The State Government Code provided for increases to Council at a maximum rate of 5% per calendar year. Therefore, Council could increase their salaries at this time by up to 30%. The City Clerk read the title of the ordinance. Kwok/Wang moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. The motion failed by the following vote: Ayes: Kwok and Wang. Noes: Lowenthal, Mahoney and Sandoval. ORDINANCES - None ST AFF REPORTS - None COUNCIL REPORTS - None ADJOURNMENT At 12:30 a.m. the meeting was adjourned to Tuesday, June 20 at 5:30 p.m. for Parks and Recreation Commission u scheduled vacancy interviews, City Hall Conference Room A, 10300 Torre vep.ue, Cup rti For more information: 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.org.Click on Agendas and Minutes/City Council/Packets. Most Council meetings are shown live on Cable Channel 26 and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library or may be purchased from the Cupertino City Channel, 777-2364.