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CC 06-01-2010CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting CUPERTINO REDEVELOPMENT AGENCY Regular Adjourned Meeting Tuesday, June 1, 2010 ROLL CALL At 6:30 p.m,, Mayor Kris Wang called the meeting to order in the Council Chamber. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION 1. Conference with labor ne oti�ator (Government Code 54957.6). No documentation in packet: a. Agency Negotiator: City Manager and Director of Administrative Services b. Employee organizations: Operating Engineers Local No. 3 and Cupertino City Employee's Association At 6:30 p.m. Council recessed to a closed session to discuss these two items. At 6:45 p.m., Council reconvened in open session. Mayor Kris Wang announced that Council gave direction to the agency's negotiator, and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation for Their Future is Now! recognizing the remarkable accomplishments of the group which have benefitted the entire community. (No documentation in packet). Mayor Wang presented the proclamation to Linda Snell, a nurse with the Cupertino Union School District. Ms. Snell thanked the parents, residents, businesses, and the Cupertino community for their phenomenal support. She said that over 5,000 donors made contributions, and along with employee furloughs, that saved over 100 teachers June 1, 2010 Cupertino City Council Page 2 from lay -offs and prevented a 50% class size increase in primary grades. Ms. Snell thanked the Council members for their individual efforts, and said that there will likely be ongoing State budget cuts in education so everyone must stay unified in their resolve. POSTPONEMENTS - None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Item 7, Investment Policy • Corrected page 7 -6, last paragraph now reads "Minimum eligibility criteria for dealers/brokers include a minimum of $1 billion in assets..." Item 15, 10642 North Portal Avenue, • Copies of staff PowerPoint presentation Item lb, Historic Preservation Policy and General Plan Amendment: • Amended first page of the staff report showing the corrected application number CP- 2010-02 • Excerpt of the Cupertino Planning Commission minutes of May 11, 2010 • Copies of the staff PowerPoint presentation Item 17, "Kiddie Academy" • Memorandum summarizing the Kiddie Academy Transportation Engineering Study • Letter from attorney representing Dr. and Mrs. Traina opposing the conditional use permit • Copies of the staff PowerPoint presentation Item 18, Nine -Month Trial Dog Park at Mary Avenue • Email of support from Betsy Dougherty • Email of opposition from Alice Ramsauer • Email of opposition from Cathy Helgerson Item 19, Brush Abatement • Updated list of parcels which require brush abatement ORAL COMMUNICATIONS Patricia Brown and Carol Reppucci, representing the American Cancer Society, discussed the upcoming Relay for Life and California Cancer Research Act. She said that the Act could raise over half a billion dollars annually for cancer research by raising the cost of cigarettes and other tobacco products. Sixty percent of that money would go into research and treatment, with the resting going into education and helping people quit smoking. They need people to sign the petition by June 12, and copies of it will be available at locations throughout the city. More information is available at http: / /relayforlife.ory/cupertinoca. June 1, 2010 Cupertino City Council Page 3 CONSENT CALENDAR — CITY COUNCIL AND REDEVELOPMENT AGENCY Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 7 and 12 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Approve the minutes from the August 4, 2009 Redevelopment AgencX meeting. 4. Approve the minutes from the May 18 City Council meeting. 5. Adopt resolutions accepting Accounts Payable_ for May 14 and 21, Resolution Nos. 10- 101 and 10 -102. 6. Adopt a resolution accepting Payroll for May 14, Resolution No. 10 -103. 8. Adopt a resolution approving the destruction of records from the Parks & Recreation (Senior Center) and Community Development (Planning) departments, Resolution No. 10 -104. 9. Adopt a resolution expressing the intent to vacate a portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Road, Resolution No. 10 -105. The owner of this parcel petitioned the City to vacate a portion of the existing right of way, adjacent to his property, which is no longer needed for roadway purposes. 10. Authorize support for AB 1784 ffong) — regarding local rogdway.projects. This legislation allows the Santa Clara Valley Transportation Authority (VTA) to enter into agreements with any of the 15 cities within Santa Clara County, or with the County, to improve a local roadway facility under their mutual jurisdiction. 11. Move the June 15 Cily Council meeting to June 9 beginning at 6:45 p.m. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 7. Adopt the amended City Investment Policy for 2010. Corrected page 7 -6, last paragraph now reads "Minimum eligibility criteria for dealers/brokers include a minimum of $1 billion in assets..." Council member Chang said he had pulled this item to note that the original contained a typographical error, and he thanked staff for distributing the corrected page. Santoro moved and Chang seconded to adopt the amended City Investment Policy for 2010. The motion carried unanimously. June 1, 2010 Cupertino City Council Page 4 12. Consider fee waiver for Their Future is Now! of approximately $280 in facility use fees for the use of the Cupertino Room for a volunteer recognition event on May 21, 2010, from 4:30 p.m. until 8:00 p.m. Council member Santoro said that normally he was opposed to waivers, but in this case he was overwhelmed by what the parents had done to bring more money into the schools. Santoro moved and Chang seconded to waive the fee for the May 21 event. The motion carried unanimously. PUBLIC HEARINGS - CITY COUNCIL AND REDEVELOPMENT AGENCY 13. Conduct the first of two public hearings on the 2010 -11 budget. Administrative Services Director Carol Atwood distributed a list of follow -up questions from Council and the answers provided by staff. She said this year is a "hold -the- line" budget, and although Cupertino has fared better than other cities, it has also been affected by the recession. She said that there is a projected shortfall of $1.8 million over each of the next two years, mostly due to declines in transient occupancy taxes, sales taxes, and other fees, as well as State take - aways. A staffing freeze is in place and the City only recruits as needed. Atwood explained that the City will keep a policy reserve of $13.195 million, but will have to tap into the undesignated reserve. in two years to meet the shortfall. The public hearing was opened at 7:40 p.m. Mr. Derek Wolfgram, Deputy County Librarian, discussed the Cupertino Library budget and showed slides comparing the contributions made by the City and the Santa Clara County Joint Powers Authority (JPA). He discussed various staffing alternatives, including one that would keep the library open 7 days a week while shortening the hours. He said that these options were just put together yesterday and had not yet been reviewed by the Cupertino Librarian Mark Fink. Council member Gilbert Wong asked staff for a copy of the 2007 staff report about library funding so he could understand how it was developed at that point in time. The Council asked -Mr. Wolfgram to email them before next Wednesday with some options for funding library hours which would cost less than the City is currently paying. Ms. Kathy Stakey asked the City Council if they would consider putting the Cupertino Library hours into the City's budget as a permanent line item each year. She also asked that if the Council decides to reduce the funding for library hours, to please consider carefully what hours it should be closed and which segments of the population would be affected, such as students, who use it after school and on weekends, and the rest of the community that use it while students are in school. June 1, 2010 Cupertino City Council Page 5 Council member Orrin Mahoney suggested that the Library Commission members provide Council with feedback regarding the potential reduction in hours. Jennifer Griffin agreed with the previous speaker that the Library should have a stable source of funding. She also talked about how excited the community is to see progress on two parks in the eastern end of Cupertino. Michael Gottwald asked the Council to keep the Library open seven days a week because both youth and elderly rely upon it. This item was continued to Wednesday, June 9. RECESS The Council recessed from 8:40 p.m. to 8:55 p.m. PUBLIC HEARINGS - CITY COUNCIL 14. Consider adopting a resolution approving the renewal and collection of the existing storm drain fees at no increase in rates for fiscal year 2010 -2011, Resolution No. 10 -106. Wong moved and Mahoney seconded to adopt Resolution No. 10 -106. The motion carried unanimously. 15. Consider Application: Nos. TM- 2010 -02 (EA- 2010 -01), Z- 2010 -01, V- 2010 -01, Pam Yoshida (Richard Gregersen) 10642 North Portal Avenue, APN Nos. 316 -25 -054, 316- 25 -047, 316 -25 -048 (continued from May 18): a. Adopt a Mitigated Negative Declaration b. Subdivide 0.618 acres into two single- family residential lots of approximately 11,737 and 13,982 gross square feet with an exception area of 1,211 square feet in the City of Sunnyvale C. Prezone and Rezone 0.028 acres frrom the City of Sunnyvale to pre-RI-7.5 and 0.590 acres to R1 -7.5 d. Variance to allow a lot width of 55 feet in an R -1 zoning district where 60 feet is required e. Conduct the first reading of Ordinance No. 10 -2059: "An Ordinance of the City Council of the City of Cupertino approving the prezoning and rezoning of approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of Sunnyvale to pre- R1 -7.5 (Single- Family Residential, 7,500 square feet minimum lot size), and a rezoning of 0.59 acre from Al -43 to R1 -7.5 for property located north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 048)" June 1, 2010 Cupertino City Council Page 6 The City Clerk distributed copies of the staff PowerPoint presentation. Senior Planner Colin Jung reviewed the staff report. He noted that a portion of this property is located in Sunnyvale, and approval of the project would result in a lot of 55 feet, so the applicant has requested a variance to allow a 55 foot front lot where 60 feet is normally required. He explained that the lots would be large enough to accommodate R -1 homes, with an extra large garage. Staff recommends an easement from Lot 1 to Lot 2 in order to address stormwater retention/detentions. Jung said that the Planning Commission recommended that disclosures be recorded on the property notifying land purchasers of mitigations to alleviate interior noise and air impacts. He noted that the Bay Area Air Quality Management District (BAAQMD) is meeting to consider new air regulation standards, particularly near heavily used transportation corridors. Mr. Marvin Bamburg, an architect representing the investors, said they find the conditions acceptable, and the easements will keep everything fair and well maintained. City Attorney Carol Korade said that a final condition of the final map could be to add a clarification that they would submit an appropriate maintenance agreement that would be recorded to cover all of the parcels in the cul -de -sac. Mr. Stuart Chessen said he lived a few houses away, and most of the neighbors are in favor of the project as long as privacy issues are considered when the home is built. The only real concern was the driveway, which will be shared by four different homes, so that must be taken into account. The public hearing was closed at 9:00 p.m. Council discussion followed regarding the requirement for recording information about air quality mitigations when there is no current standard for air quality close to freeways. The Community Development Director explained that the California Environmental Quality Act (CEQA) permits the Council to consider potential impacts, and staff knows that there is draft language in the works. However, this project would not be subject to any future regulations that may be adopted, only the conditions shown on page 34 of the staff report. Wong moved and Mahoney seconded to adopt the Mitigated Negative Declaration, The motion carried unanimously. Mahoney moved and Wong seconded to prezone and rezone 0.028 acres from the City of Sunnyvale to pre-RI-7.5 and 0.590 acres to R1 -7.5. The motion carried unanimously. June 1, 2010 Cupertino City Council Page 7 Mahoney moved to approve the project with the additional restrictions as recommended with the additional requirements regarding rezoning, road maintenance agreements, and to delete item 5 which would require the CEQA air quality covenant. Wang seconded it for discussion. Wong offered a friendly amendment to include the staff recommended wording about the storm drain. Mahoney and Wang accepted the amendment. Chang offered an amendment to the motion to require the air quality covenant. Wong seconded, and the motion carried with Wang and Mahoney voting no. Mahoney moved and Santoro seconded to approve the project with covenants for both air quality and noise; required additional storm drain wording; and required additional language about a maintenance agreement for the common roadway easement. Mahoney moved and Wong seconded to approve a variance to allow a lot width of 55 feet in an R -1 zoning district where 60 feet is required. The motion carried unanimously. 16. Consider approving the Historic Preservation Polic and related General Plan Amendment, Application No. CP- 2007 -03, City of Cupertino, Citywide. City Planner Gary reviewed the staff report. Secretary's note: The application number in the original description was listed incorrectly; the correct number is GPA- 2010 -03. Community Development Director Aard Shrivastava noted that on the last page of exhibit D, Montebello school should be listed as "outside city, owner, public quasi public." She also indicated she would correct the spelling of Elisha Stephens name in the photograph caption on page 16 -25. Arlene Davis, representing the Cupertino Historical society, said that the Stocklmeir property is not representative of a particular type of architecture, but the historical designation was more a commemoration of the person who lived there. Jennifer Griffin said there is a lot of history in the area going back to the first Spanish explorers all the way up to current technology companies such as Apple, and this is a timely project. The City Clerk distributed the amended first page of the staff report showing the corrected application number CP- 2010 -02, an excerpt of the Cupertino Planning Commission minutes of May 11, 2010, and a copy of the staff PowerPoint presentation. Wang moved and Wong seconded to approve the Historic Preservation ' Policy and General Plan Amendment with changes to Attachment D to clarify that the Historic Mention sites are out of the City's jurisdiction; changing the definition of some June 1, 2010 Cupertino City Council Page 8 "Honorable Mention" sites to "Historic Mention "; and accepting the Planning Commission's recommendation for encouraging access to sites. The motion carried unanimously. 17. Consider a Use Permit to allow an 8,400 square foot daycare Kiddie Academ ) facility to operate at an existing commercial building. The application also includes a new outdoor play area in the existing rear parking lot, Application No. U- 2009 -09, Cindy Cheng (Cupertino Investment Partners, LLC), 19875 Stevens Creek Boulevard, APN 316 -21- 031. The City Clerk distributed a memorandum summarizing the Kiddie Academy Transportation Engineering Study, a letter from attorney representing Dr. and Mrs. Traina opposing the conditional use permit, and a copy of the staff PowerPoint presentation. City Planner Gary Chao reviewed the staff report. He noted that the applicant wishes to operate the child care center from 6:30 a.m. to 6:30 p.m., but staff recommends a 7 a.m. start. He said the public had stated concerns about the need for a masonry wall along the east property line; concerns with the one -way driveway west of the project (but the Planning Commission changed that to a two -way drive; overall traffic impacts to North Portal, and that the trash enclosure should be farther from the play area. He added there is a key recommendation from the consultant regarding a left -turn pocket to allow for additional queuing. Mr. Eric Shanower, representing the applicant, said they concurred with all of the recommendations of the Planning Commission and staff. Mr. Mahesh Vandrisakren, owner and operator of the facility, said they provided high - quality and nurturing child care, and they understood the value of early childcare education. Their service would be in the best interest of the community, and staff and parents will be educated to create the least impact possible in terms of safety, security, parking, and traffic. Mr. Chris Camarado, representing the Kiddie Academy, said the organization has over 100 locations in 21 states serving roughly 10,000 children per day. This location would be a franchise, and is licensed as such with the state of California. He said that child safety is their organization's primary concern, and a team visits regularly. Each parent is required to bring their child into the classroom, and must use a PIN code to access the room to drop off and pick up their child. He described other security measures on the facility, and said each franchisee must come for two -week training plus ongoing development training. Mr. Carmado discussed the parking requirements and said a child care use at this site requires fewer parking spaces than other potential uses, such as retail or medical uses. He said they agreed to install the 8 -foot masonry wall before construction begins, as requested by the neighbors, and also provide shrub landscaping. They also agree to pay for a parking lot connection to the property on the west side if the Council desires. June 1, 2010 Cupertino City Council Page 9 Mr. Stuart Chessen said that he lives on Portal Avenue, and there are already traffic issues. He noted that the dentists' office underground parking would have drivers coming from a dark area into sunlight and entering the traffic flow of the driveway. He noted that the tenants were upset that they were not notified about this item, only the owners. He asked that all pathways be opened up. Catherine Sprinkles, the attorney representing the property to the east, said originally the entryway faced east and they had no objection, but now the orientation has been moved and her client's driveway will be used as a major ingress and egress for the child care center. She said this is not compatible with their office use, it creates hazards in the parking lot, and it concentrates the traffic. She said it is their view that her client is not required to grant an easement that is as intensive as this use, given its orientation. If the Council does require open access for the day care center, then the driveway should be opened all the way across so her client doesn't bear the full brunt of the traffic that comes from the back. City Attorney Carol Korade noted that on both properties, child care facilities are an allowed conditional use. Jeffery Etneier said he represented Stevens Creek Investors who owned the parcels to the west. He said that they were very concerned and had sent two letters regarding the use permit. He said that Council must find that it complies with present land use plans, and Cupertino's plans allow no more than 25% retail. Another required finding is that the use is not injurious to other properties in the vicinity, but property owners on both sides are objecting. Regarding access, they can explore the idea of making the driveway a little wider, but that will take some time. Mr. Tom IIugunin said he and his mother own the property to the north. They support installation of the wall before construction begins. They also supported the lighting mitigation plan, screening shrubbery, and the trash enclosure in new location A -1. They still had concerns about traffic on Portal flowing on to Wheaton. They preferred right - turn only exiting onto Portal Avenue. Wong moved and Mahoney seconded to approve the use permit, open up the rear parking lot to both of the properties to the east and west; maintain a 18.5 foot clear two -way driveway along the west side of the project building. Also, the utilities along the westerly driveway shall be relocated and shrubs shall be cleared to ensure maximum driveway width, and the daycare may open at 6:30 a.m. Chang offered a friendly amendment to begin operations at 7:00 a.m., but the motion died for lack of a second. Chang offered a substitute motion to change the starting time to 7 a.m. and put in a speed bump. The motion failed for lack of a second. June 1, 2010 Cupertino City Council Page 10 The original motion carried unanimously. RECESS The City Council recessed from 12:08 p.m. to 12:15 p.m. UNFINISHED BUSINESS 18. Receive a report on the preliminary elements for a nine -month trial of a fenced dog _park at the Mary Avenue site. The City Cleric distributed an email in support of the dog park from Betsy Dougherty, and emaiis opposing the dog park from Alice Ramsauer and Cathy Helgerson. Parks and Recreation Director Mark Linder reviewed the staff report, and asked that the Council provide guidance to staff at this time. The Council can make their final decision next week when they adopt the annual budget. Mr. Ted Hattan, representing the Glenbrook property owners, said they have concerns that the new dog park will increase the number of dog owners who walk in front of the Glenbrook neighborhood, and their pets relieve themselves on the. landscaping, which is the responsibility of the Home Owners Association (HOA) to repair. He was also concerned about noise and smell from the park. He said that, speaking as an individual, he felt the money could be put to better use. Mr. Stuart Chessen noted that the Humane Society in Milpitas charges for use of the dog park, and they have electronic gates to restrict hours of use. He said that there are other dog parks in San Jose, Saratoga and Sunnyvale where dogs of all sizes share the park. He also suggested that instead of paying to have tree stumps removed during this trial period that they are covered up with traffic cones. Council member Santoro said that card access was not necessary for the trial phase, nor did he think the blue tags and voice control requirements were necessary for a fenced area. The proposed fence around a dirt area is okay. Since this is public land which should be maintained anyway, there is no need to attribute tree trimming costs to the dog park. He was slightly in favor of separated areas for large and small dogs, but could go either way. IIe did not think the trial park needed a drinking fountain yet. Council member Chang said he preferred the current layout, since large dogs need room to run. He did think that a water fountain was necessary. Council member Mahoney said he did not want to drop the quality too much, because they needed critical mass to make it successful. He might be willing to spend as much as $100,000. June 1, 2010 Cupertino City Council Page 11 Vice -Mayor Wong said he was okay with the $100,000 estimate, and next week if the Council decides to approve the trial dog park, they can decide how it will be implemented. This item will be returned for further discussion and action during the budget discussion on June 9. NEW BUSINESS 19. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of public a nuisance (city -wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 10 -096, Resolution No. 10 -107. City Clerk Kimberly Smith distributed an updated list of seven remaining parcels which had not yet passed inspection. She explained that Resolution No. 10 -107 authorized the County Hazardous Vegetation division to abate the brush if the property owner had not already done so. The City Clerk distributed an updated list of parcels which require brush abatement. There were no objections from the audience to the proposed removal. Mahoney moved and Wong seconded to adopt Resolution No. 10 -107. The motion carried unanimously. 20. Consider adopting an ordinance amending Chapter 2.86 of the Cupertino Municipal Code regarding the expansion of the Housing Commission's duties to include oversight of the Community Development Block Grant (CDBG) program, Ordinance No. 10 -2062. First reading of Ordinance No. 10 -2062: "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.86: Housing Commission, of the Cupertino Municipal Code expanding the Housing Commission's responsibilities to include Community Development Block Grant (CDBG) oversight. The City Cleric read the title of the ordinance. Wong moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. 21. Adopt a resolution to consider approving a Disposition and Development Agreement (DDA) between the City of Cupertino and Habitat for Humanity to transfer property on Cleo Avenue from City ownership to Habitat for Humanity Silicon Valley ownership, Resolution No. 10 -108. Mahoney moved to adopt Resolution No. 10 -108 approving the DDA as recommended in the model resolution, and including the two minor changes: June 1, 2010 Cupertino City Council Page 12 1. Any reference to using City funding for mortgage assistance will change to include predevelopment costs; and 2. Add the following language to Section 5.2 on page 13 of the DDA: "If construction is delayed due to an unforeseeable or unanticipated reason, the parties may mutually agree upon an extension of time. Any extension of time shall be reflected in writing." Wang seconded for purposes of discussion. Wong offered a friendly amendment to continue this item to July 20 so that more information could be provided. Mahoney and Wang accepted the motion to continue. Senior Planner Vera Gil noted that a delay would put the agency at risk of not receiving State funding that had been released in April, which is on a first -come, first -serve basis. Chris Weaver, representing Habitat for Humanity, explained that they were in the middle of a finding cycle right now, and if they apply in June they can be wrapped up by end of the year and can start construction in January. She said that if they cannot make the application now, it will delay the start date by at least six months. City Attorney Carol Korade said that based upon the applicant and past experience with Habitat for Humanity there is sufficient legal protection to proceed. Wong withdrew his request to continue the item, and a vote was taken on the original motion. Resolution No. 10 -108, as amended, was approved unanimously. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS - None. ADJOURNMENT At 1:15 a.m. on Wednesday, June 2, the meeting was adjourned to Wednesday, June 9 at 6:00 p.m. for a closed session and for a regular adjourned meeting to discuss business items (the June 15 meeting will be cancelled). The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. Kimberly Smith, (y 'Clerk June 1, 2010 Cupertino City Council Page 13 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 Comeast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.egnertino.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,