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3-15-11 Searchable PacketTable of Contents Agenda..... ..............................3 February 15 City Council minutes Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 March 1 City Council minutes Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Accounts Payable for period ending February 18, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Accounts Payable for period ending February 25, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Payroll for period ending February 18, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Approve destruction of records from the City Clerk department Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Destruction Inventory . . . . . . . . . . . . . . . . . . . . . . . 46 Alcoholic Beverage License, Bombay Oven, 20803 Stevens Creek Boulevard (near Saich) Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Application for Alcoholic Beverage License . . . . . . . . . . . . 49 Alcoholic Beverage License, Shanghai Garden Restaurant, 20956 Homestead Road, Suites A2 & A3 (Oakmont Square at Homestead & Stelling) Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Application for Alcoholic Beverage License . . . . . . . . . . . . 51 Quitclaim Deed and Authorization for Underground Water Rights, SI 24, LLC, 10600 North De Anza Blvd Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Map... .............................57 Quitclaim Deed and Authorization for Underground Water Rights, Suresh R. Tammana and Subha P. Tammana, 22140 Hibiscus Drive Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Map... .............................63 Alternative trail alignments for Stevens Creek Corridor Project Phase II Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Matrix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Municipal Code amendments regarding reconsideration of items by City Council Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Draft Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Second reading and adoption of Municipal Code amendments to the Parking Ordinance Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1 A: Ordinance 11 -2074 . . . . . . . . . . . . . . . . . . . . . . . 74 B: Strike out version of pages affected by changes introduced by the City Council motion . . . . . . . . . . . . . . . 99 February 15 Redevelopment Agency Minutes Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 P CUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 15, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE — 6:45 PM ROLL CALL CLOSED SESSION - None STUDY SESSION 1. Subject Study session regarding trail alignment for Stevens Creek Trail Corridor Project Phase It Recommended Action Conduct study session Page No written materials in packet CEREMONIAL MATTERS — PRESENTATIONS POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3 Tuesday, March 15, 2011 2. Subject February 15 City Council minutes Recommended Action Approve minutes Draft Minutes Page 8 Subject March 1 City Council minutes Recommended Action Approve minutes Draft Minutes Page 19 Cupertino City Council Cupertino Redevelopment Agency 4. Subject Accounts Payable for period ending February 18, 2011 Recommended Action Adopt Resolution No. 11 -033 Draft Resolution Page 27 5. Subject Accounts Payable for period ending February 25, 2011 Recommended Action Adopt Resolution No. 11 -034 Draft Resolution Page 37 6. Subject Payroll for period ending February 18, 2011 Recommended Action Adopt Resolution No. 11 -035 Draft Resolution Page 44 7. Subject Approve destruction of records from the City Clerk department Recommended Action Adopt Resolution No. 11 -036 Draft Resolution Destruction Inventory Page 45 8. Subject Alcoholic Beverage License, Bombay Oven, 20803 Stevens Creek Boulevard (near Saich) Recommended Action Approve application for On -Sale Beer & Wine Staff Report Application for Alcoholic Beverage License Page 48 9. Subject Alcoholic Beverage License, Shanghai Garden Restaurant, 20956 Homestead Road, Suites A2 & A3 (Oakmont Square at Homestead & Stelling) Recommended Action Approve application for On -Sale Beer & Wine Staff Report Application for Alcoholic Beverage License Page 50 n Tuesday, March 15, 2011 Cupertino City Council Cupertino Redevelopment Agency 10. Subject Quitclaim Deed and Authorization for Underground Water Rights, SI 24, LLC, 10600 North De Anza Blvd Recommended Action Adopt Resolution No. 11 -037 Description 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 Resolution Quitclaim Deed Map Page 52 11. Subject Quitclaim Deed and Authorization for Underground Water Rights, Suresh R. Tammana and Subha P. Tammana, 22140 Hibiscus Drive Recommended Action Adopt Resolution No. 11 -038 Description 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 Resolution Quitclaim Deed Map Page 58 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 12. Subject Petition for reconsideration of the City Council's November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road (continued from February 1) Recommended Action Continue to April 5 at request of appellant with the concurrence of applicant Page No written materials on packet 13. Subj ect Alternative trail alignments for Stevens Creek Corridor Project Phase II Recommended Action Authorize staff to proceed with the bridge and trail alignment as generally depicted in the approved June 2006 Stevens Creek Corridor Park Master Plan Staff Report Matrix Page 64 5 Tuesday, March 15, 2011 Cupertino City Council Cupertino Redevelopment Agency 14. Subject Municipal Code amendments regarding reconsideration of items by City Council Recommended Action Conduct first reading of Ordinance No. 11 -2075 Description "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.08.096 of the Cupertino Municipal Code regarding Reconsideration - Sought by Interested Person" Staff Re ort Draft Ordinance Page 68 ORDINANCES 15. Subject Second reading and adoption of Municipal Code amendments to the Parking Ordinance Recommended Action Conduct second reading and enact Ordinance No. 11 -2074 Description Municipal Code Amendment (MCA- 2010 -05) to Chapter 19.100 and Chapter 19.08 to clarify language regarding storage and parking of heavy equipment and planned non- operational vehicles in residential zones. "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment and planned non - operational vehicles in residential zones" Staff Re ort A: Ordinance 11 -2074 B: Strike out version of pages affected by changes introduced by the City Council motion Page 73 STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING ROLL CALL 16. Subj ect February 15 Redevelopment Agency Minutes Recommended Action Approve minutes Draft Minutes Page 103 ADJOURNMENT 0 Tuesday, March 15, 2011 Cupertino City Council Cupertino Redevelopment Agency The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 7 UPERTINO DRAFT MINUTES Cupertino City Council & Cupertino Redevelopment Agency — Joint Special Meeting Cupertino City Council — Special Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 15, 2011 JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL MEETING ROLL CALL At 4:05 p.m. Mayor Gilbert Wong called the joint special meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California. City Council members Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION At 4:06 p.m. the City Council and the Redevelopment Agency recessed to a closed session to discuss the following item: 1. Subject Conference with Legal Counsel - Initiation of Litigation (one case) (Gov't Code 54956.9(c)) Page No written materials in packet REDEVELOPMENT AGENCY RECESS — At 4:25 p.m. the Redevelopment Agency recessed and the City Council meeting continued. CITY COUNCIL SPECIAL MEETING CLOSED SESSION At 4:26 p.m. the City Council held a closed session to discuss the following items: 2. Subject Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Ave, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee; Under Negotiation: Lease - price and terms of payment February 15, 2011 Cupertino City Council Page 2 Cupertino Redevelopment Agency 3. Subject Conference with legal counsel - Significant exposure to litigation - (One case) (Gov't Code 54956.9(b)) Page No written materials in packet RECESS The City Council was in recess from 5:13 p.m. to 6:48 p.m. Mayor Wong reported out from the closed session meetings. He said that on item No. 1, Council and the Redevelopment Agency obtained briefing and took no action. On item No. 2, Council gave direction to the real property negotiator and took no action. On item No. 3, Council took no action. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang (6:50 p.m.), Orrin Mahoney, and Kris Wang. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 4. Subject Proclamation recognizing the Santa Clara County Library, the Friends of the Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual Silicon Valley Reads (continued from February 1) Recommended Action Present proclamation Council member Orrin Mahoney talked about the program. Mayor Wong presented the proclamation to the Friends of the Cupertino Library representatives. 5. Subject Presentation about the local branch of Hindu Swayamsevak Sangh (HSS), a voluntary, non - profit, social and cultural organization which aims at preserving and passing on ancient Hindu heritage and cultural values Recommended Action Receive presentation Mr. Girish Thobbi, representing Health for Humanity, gave a Power Point presentation about the organization. The Council received the presentation. 9 February 15, 2011 Cupertino City Council Page 3 Cupertino Redevelopment Agency 6. Subject Recognition of the City of Cupertino Finance Department for its excellence in preparing the operating budgeting for Fiscal Year 09 -10 from the California Society of Municipal Finance Officers (CSMFO) Recommended Action Recognize Finance Department Mayor Wong presented the award to Administrative Services Director Carol Atwood and Finance Director David Woo. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: For item No. 15: • An email from Darrel Lum including some comments and recommendations regarding the Matrix Consulting Group management study • A report from the Planning Commission Subcommittee on process improvements For item no. 16, a staff PowerPoint presentation. For item no. 17: • A letter from John Bene of AT &T stating that the Petition for Reconsideration should be denied because it fails to identify grounds for reconsideration • An addendum to the petition from Grace Chen and Guo Jin • A staff PowerPoint presentation. ORAL COMMUNICATIONS Ann Smart, Associate Director for Energy and Environmental Policy with the Silicon Valley Leadership Group, invited Council to an event in Washington, D.C. March 15 -17. This is an annual visit and will focus on several federal priorities with an emphasis on U.S. jobs and competitiveness. Darcy Paul stated that a local store owner had discussed with him a problem with students loitering and smoking during lunch hour and after school. Mr. Paul called Code Enforcement who referred him to the loitering law, Chapter 10.56. He noted that this law refers to a smoking ordinance that doesn't exist (Chapter 10.25). He provided handouts showing the code sections in question. He urged Council to either correct the code or enact a smoking ordinance within the City. Three boy scouts from Troop 494, working toward their "Citizenship in the community merit badge ", spoke to Council about traffic issues in the City. Atharva Bohatgi said that he was concerned that the crosswalk near Monta Vista High School on McClellan Road has no flashing lights. Anj an Amarnath said that he was concerned that the crosswalks at the intersection of Hyannisport and Fort Baker near Kennedy Junior High School and Monta Vista High School 10 February 15, 2011 Cupertino City Council Page 4 Cupertino Redevelopment Agency were confusing to drivers and pedestrians. He suggested installing a timer to allow students to cross the street at intervals so that cars can pass through smoothly and pedestrians will know when to enter the crosswalk. Sachiv Shenoi noted that the City has a law stating people over the age of 10 cannot ride their bike on the sidewalk. He was concerned that the roadway between Rainbow and Bubb and Rainbow and Stelling has no bike lane so students are forced to bike on the road without a bike lane in order to obey law. CONSENT CALENDAR Wang moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 7. Subject January 18 City Council minutes Recommended Action Approve minutes 8. Subject January 24 City Council minutes Recommended Action Approve minutes 9. Subject January 25 City Council minutes Recommended Action Approve minutes 10. Subject Accounts Payable for period ending January 28, 2011 Recommended Action Adopt Resolution No. 11 -017 11. Subject Payroll for period ending February 4, 2011 Recommended Action Adopt Resolution No. 11 -018 12. Subject Treasurer's Investment and Budget Report for quarter ending December 2010 Recommended Action Accept the report 13. Subj ect Treasurer and Deputy Treasurer Appointments Recommended Action Adopt Resolution No. 11 -019 Description Extends the appointments of the current City Treasurer and Deputy Treasurer 14. Subject Grant of easement for sidewalk purposes, Apple Inc., a California corporation, 19333 Vallco Parkway, APN(s) 316 -20 -075 and 316 -20 -076 Recommended Action Adopt Resolution No. 11 -020 Description The property owner of this commercial development agrees to grant to the City an easement for public sidewalk purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property ITEMS REMOVED FROM THE CONSENT CALENDAR (if any) Mayor Wong read a statement provided by Administrative Services Director Carol Atwood explaining the smoking ordinance history: The City used to have a smoking ordinance but it was eliminated in the City code to follow what was written in the State code. Within the next 12 11 February 15, 2011 Cupertino City Council Page 5 Cupertino Redevelopment Agency months, staff will present a no smoking ordinance for recreational areas and trails. The County gave the City a grant to promote anti - smoking. PUBLIC HEARINGS 15. Subj ect Development Permit Process Recommended Action a. Provide direction to staff on the list of recommended changes and any additional modifications /enhancements to the permit process and public engagement policy (see Attachment A) b. Authorize Staff to work on modifications to the Zoning Ordinances as required by the above changes Description Application: CP- 2010 -01; Applicant: City of Cupertino; Location: Citywide; Application Summary: Review of the Management Study of the Permit Process and opportunities to enhance the quality of the City's permit services and organizational efficiency Written communications for this item included: • An email from Darrel Lum including comments and recommendations regarding the Matrix Consulting Group management study • A report from the Planning Commission subcommittee on process improvements Associate Planner Piu Ghosh and Community Development Director Aarti Shrivastava reviewed the staff report via a PowerPoint presentation. They noted that the consultant, Ken Rodrigues, was also in the audience to answer questions as needed. Mayor Wong opened the public hearing. Kevin McClelland with the Chamber of Commerce noted that the current system of public input at the Design Review Committee (DRC) might be better rather than streamlining that portion of the decision process. Jennifer Griffin said that she doesn't want public input or story poles eliminated. She said that the DRC should be making some of the design decisions rather than staff, noting that when her Rancho Rinconada neighborhood was annexed to Cupertino that they were promised the DRC would stay. She urged Council to not bring up R -1 ordinance. Frank Sun said that the permit process could be better from the applicant's standpoint if it were less costly and more consistent. He talked about a recent experience he had with the building department explaining that he did everything he could with the design and the studies required. He was told he had to start over again because the architect he was working with tired of having to redo the studies and quit. He said he ended up spending a lot of time and money and never could get a permit. Marty Miller from the Planning Commission said that he was in the audience in case there were any questions. 12 February 15, 2011 Cupertino City Council Page 6 Cupertino Redevelopment Agency Mayor Wong closed the public hearing. Council asked questions from staff and some of the previous speakers. Action Mahoney moved and Wang seconded to approve the recommendations with the following amendments. The motion carried unanimously: • Public engagement policy: increase the notification threshold for the "collaborate level" to 25 residential units • Project approval thresholds: Council to approve projects with >50 residential units, 50,000 sq. ft. of commercial /office /non - residential or 100,000 sq. ft. of industrial space • Discuss keeping the current noticing radii for minor General Plan Amendments and zoning applications • Initiate a separate, limited review of the R1 Ordinance related to design review, story poles and noticing Council recessed from 9:15 p.m. to 9:30 p.m. UNFINISHED BUSINESS - None NEW BUSINESS 16. Subject Petition for reconsideration of the City Council's January 4, 2011 decision to deny an appeal of a Director's Approval for a parking pad to be located at a duplex located at 965- 967 Miller Avenue Recommended Action Conduct a hearing and adopt Resolution No. 11 -021 Description Application: DIR- 2010 -30; Appellant: Erwin Wolf, Applicant: Linda Shen - Jung (GLSAA, LLC); Location: 965 -967 Miller Avenue; APN: 369 -19 -052; Application Summary: Petition for Reconsideration of the City Council decision to deny an appeal of a Director's Minor Modification decision to allow paving in the front yard of an existing duplex for the purpose of a parking stall at 965 -967 Miller Avenue Written communications for this item included a staff PowerPoint presentation. Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Petitioner Erwin Wolf said that it is a safety issue to allow cars to be parked to park in the area in question because the view is blocked. He noted that it is also difficult for cars to come from Miller Ave. and park in that area. Applicants Linda Shen -Jung and Gordon Jung said they had nothing more to add and were available to answer any questions. Action Mahoney moved and Chang seconded to adopt Resolution No. 11 -021 denying the Petition for Reconsideration; therefore, the Director's approval for a parking pad on Miller Avenue still stands. The motion carried unanimously. 13 February 15, 2011 Cupertino City Council Page 7 Cupertino Redevelopment Agency 17. Subject Petition for reconsideration of the City Council's January 4, 2011 decision to deny an appeal of a personal wireless service facility at the Results Way Office Park Recommended Action Conduct a hearing and adopt Resolution No. 11 -022 Description Application Nos: U- 2010 -03, EXC- 2010 -04, TR- 2010 -31; Applicant: Dave Yocke (AT &T); Petitioners: Grace Chen, Guo Jin; Address: Results Way (rear parking lot); APN: 357 -20 -042; Application Summary: Petition for Reconsideration of the City Council decision to deny the appeal of a Planning Commission approval of a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Written communications for this item included: A letter from John Bene of AT &T stating that the Petition for Reconsideration should be denied because it fails to identify grounds for reconsideration An addendum to the petition from Grace Chen and Guo Jin A staff PowerPoint presentation Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Petitioner Grace Chen made a PowerPoint presentation highlighting the grounds for reconsideration, which included a need to integrate existing plans with new approved plans;, arequest to appropriate funds for screening improvements in Astoria, and a potentially available and technologically feasible alternative area at Monta Vista High School. Petitioner Guo Jin said that he had a new fact to present in the petition. He explained that earlier during the appeal process, there were three petitioners, but now there were only two because the third person moved away and put his house on the market due to the denial of the appeal. He also noted that two more neighbors in the same area moved also due to the denial of the appeal. Council asked questions of the petitioners and staff. Applicant Randy Okamura, representing AT &T, said he had nothing further to add to the record at this time but was available to answer any questions. Council asked questions of the applicant. XiAowen Liu said that because the cell tower location is so close to the community where she lives and affects that community, she would like Council to find a middle ground between their community and AT &T. Mark Ma said that the proposed monopine has already had an impact on house values. He explained that one of his neighbors had just sold his house but had to negotiate a lower price for the house when the buyer heard that AT &T might be putting a monopine in front of it. He noted that other alternative locations should be considered. 14 February 15, 2011 Cupertino City Council Page 8 Cupertino Redevelopment Agency Xuena Xu said that last time Council was pressed to vote no because they were threatened by law and there was no alternate site. She urged Council to reconsider because the information presented to them was false. She showed an aerial picture of tree heights. Andrew Wu said that he wanted to reemphasize that he understands that Council cannot make a certain decision by law. He noted that there is evidence of alternative sites and that the old data cannot be used. He also said that the impact to the community is evident due to the fact that people have moved out of the area. Action Chang moved to uphold the petition for reconsideration. There was no second and the motion died. Mahoney moved to adopt Resolution No. 11 -022 denying the petition for reconsideration. Wang seconded for discussion. She said she wanted to clarify the earlier discussion regarding reimbursement of $30,000 to the Homeowner's Association for additional screening on the Astoria property and AT &T's potential interest in helping to make that happen. Mr. Okamura responded that he couldn't speak more for AT &T but that his personal reputation was important in the community. The motion carried with Chang voting no. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Santoro brought up the issue of petitions for reconsideration and concern about spending so much time on them if they don't get granted. Council concurred to agendize for a future meeting a discussion on the process of how petitions for reconsideration are handled. Chang asked that the Council members direct staff to remove the County information on the City's website from the State Mining Board regarding Lehigh, in order to verify that the information was correct. After discussion, Council agreed to remove the document but include a link to the State Mining Board on the City's website. Council recessed from 11:54 p.m. to 12:05 a.m. on Wednesday, February 16. 15 February 15, 2011 Cupertino City Council Page 9 Cupertino Redevelopment Agency JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING At 12:05 a.m. on Wednesday, February 16, the Redevelopment Agency reconvened to a joint meeting with the City Council. ROLL CALL City Council members Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 18. Subject Loan and Repayment Agreement between the City of Cupertino and the City of Cupertino Redevelopment Agency Recommended Action A. Redevelopment Agency action - Adopt Resolution No. 11 -01 B. City Council action - Adopt Resolution No. 11 -023 Description Adopt corresponding resolutions authorizing the City and Agency to enter into the Agreement 19. Subject Agreement between the Housing Trust of Santa Clara County, the Cupertino Redevelopment Agency (RDA), and the City of Cupertino for the use of housing funds Recommended Action A. Redevelopment Agency action - Adopt Resolution No. 11 -02 B. City Council action: 1) Increase RDA Housing set -aside fund expenditure budget by $1,000,000 2) Adopt Resolution No. 11 -024 Description Adopt corresponding resolutions authorizing the City and Agency to enter into the Agreement. Discuss an opportunity to fund the Housing Trust of Santa Clara County out of the RDA Housing set -aside 20. Subject Public Infrastructure Agreement with the Cupertino Redevelopment Agency, City of Cupertino, and Vallco Shopping Mall Recommended Action A. Redevelopment Agency action - Adopt Resolution No. 11 -03 B. City Council action - Adopt Resolution No. 11 -025 Description Includes installation of storm sewer trash capture devices and reimbursement for the construction of public street improvements 21. Subject Amendment of the Grant Agreement between the City of Cupertino and the Association of Bay Area Governments (ABAG) to allow the City to purchase two Storm Sewer Trash Capture Devices. Recommended Action City Council Action - Resolution No. 11 -026 16 February 15, 2011 Cupertino City Council Page 10 Cupertino Redevelopment Agency Mayor and Chair Gilbert Wong noted that action on item nos. 18 -21 could be taken concurrently. Finance Director David Woo reviewed the staff report for item no. 18; Director of Community Development Aarti Shrivastava reviewed the staff report for item no. 19; Director of Public Works Timm Borden reviewed the staff report for item nos. 20 and 21. Jennifer Griffin asked questions and said she was concerned about the City and the Redevelopment Agency (RDA) giving so much money to an organization outside of Cupertino. She said that the public needed to understand what action was happening tonight. Robert McKibbin asked questions about the documents for item Nos. 18 -21 and asked for specific clarification. He said the public hasn't had much time to review the documents. Tom Hugunin asked where the money was going to the RDA and where has the Housing Trust had spent money in Cupertino. Keith Murphy said that he is concerned that the RDA is taking action at such short notice. He asked questions about RDA money being put into housing and what would happen in the future. Mayor Wong explained the reason for the RDA agenda items this evening, noting that Governor Brown is proposing to close down all the Redevelopment Agencies in the State, and Cupertino wants to protect the $1.8 million of resident taxpayer money to use for Cupertino. City Manager Dave Knapp explained how the RDA works and answered questions. Administrative Services Director Carol Atwood further explained the agreement with the Housing Trust, noting that staff is trying to keep the money within the Cupertino community. Finance Director David Woo also answered questions. Housing Trust of Santa Clara County representative Jessica Garcia Cole explained that the group has invested over $720,000 back into Cupertino, noting that funds have gone into the development of new affordable housing and to assist low and moderate income first time home buyers. Projects included: Vista Village; Senior Housing Solutions Project; first time homebuyers; and various homeless projects funded out of the Housing Trust's own unrestricted funding. Redevelopment Agency member Mahoney moved and Wang seconded to adopt RDA Resolution Nos. 11 -01 through 11 -03. The motion carried unanimously. Council member Mahoney moved and Wang seconded to adopt City Council Resolution Nos. 11 -023 through 11 -026 and increase the RDA Housing set -aside fund expenditure budget by $1,000,000. The motion carried unanimously. ADJOURNMENT At 12:42 a.m. on Wednesday, February 16, the City Council and Redevelopment Agency meetings were adjourned. Graces Schmidt, Deputy City Clerk 17 February 15, 2011 Cupertino City Council Page 11 Cupertino Redevelopment Agency 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 Comcast 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. in UPERTINO ROLL CALL DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 1, 2011 At 6:05 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang (6:08 p.m.) and Orrin Mahoney. Absent: Kris Wang. CLOSED SESSION 1. Subject Conference with Real Property Negotiator (Gov't. Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee; Under Negotiation: Lease - price and terms of payment 2. Subject Conference with Legal Counsel - Significant Exposure to Litigation (Gov't Code 54956.9(b)) (One case) At 6:06 p.m., Council recessed to a closed session to discuss these items, and reconvened in public session at 6:48 p.m. Mayor Wong announced that for item No. 1, Council met in closed session, obtained a briefing, and no action was taken. For item No. 2, Council met in closed session to discuss real property issues, obtained a briefing, and no action was taken. PLEDGE OF ALLEGIANCE At 6:49 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang and Orrin Mahoney. Absent: Kris Wang. CEREMONIAL MATTERS — PRESENTATIONS 3. Subject Proclamation recognizing the Homestead High School Future Business Leaders of America's Community Service Project Recommended Action Present proclamation 19 March 1, 2011 Cupertino City Council Page 2 Mayor Wong presented the proclamation to Nancy Liao and Edward Gao. They explained that the FBLA was dedicated to serve the community in a variety of ways, and this year Homestead High School participated in a nation -wide community service project involving technology and computer safety, especially related to Facebook. They targeted populations not usually exposed to technology, including seniors and under - privileged students. 4. Subject Library Commission presentation of 2010 accomplishments Recommended Action Receive presentation Susanna Tsai, representing the Library Commission, reported on the Commission's goals which included: library parking, hours, traffic, continuing education, community involvement, and other activities as requested by Council. She noted that the Commission had made presentations to other community organizations such as Rotary, Kiwanis, the YMCA and the Chamber of Commerce. Also, the Bookmobile and book sales were ongoing projects, and the Library Commission was also working with other city commissions, in particular the Fine Arts Commission. Mayor Wong thanked Commissioner Tsai for her report and noted that the city had hired a new Public Works Director who would be working with the Council and the Commission on the issues of parking and traffic. Mayor Wong also stated that the Council had agreed to fund additional hours for the library and it was important to keep the library open seven days a week. Mayor Wong asked the City Manager to arrange for each of the commissions to give a brief report at a City Council Meeting. POSTPONEMENTS — None. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • An amended first agreement regarding the traffic pilot program (Item No. 9) • A copy of the PowerPoint presentation, and an amended copy of the definitions section of the parking ordinance (Item No. 19) ORAL COMMUNICATIONS Cathy Helgerson said she submitted a petition to the Environmental Protection Agency Region 9 for a superfund site. She noted that the Lehigh plant and quarry as well as the Stevens Creek Quarry would be reviewed and she would let Council know of any information she received. She explained that old buildings under the east materials storage area were causing pollution and needed to be cleaned out. She also noted that the California Regional Quality Control Board had issued another notice of violation to Lehigh, since they were operating without a waste permit and were conducting their own sewage treatment. 20 March 1, 2011 Cupertino City Council Page 3 Mayor Wong reminded the advocacy group and the representatives of the Lehigh Plant that when materials were submitted to the Council, they should also be submitted to the Cupertino.org website so that all documents could be appropriately documented. CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 16 -18, which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: Wang. 5. Subject February 1 City Council minutes Recommended Action Approve minutes 6. Subject Accounts Payable for period ending February 4, 2011 Recommended Action Adopt Resolution No. 11 -027 7. Subject Accounts Payable for period ending February 11, 2011 Recommended Action Adopt Resolution No. 11 -028 8. Subject Donation of a bench in honor of Hazel Fretwell from the Cupertino Historical Society Recommended Action Accept bench donation 9. Subject Agreement between Fremont Union High School District, Cupertino Union School District, and City of Cupertino Recommended Action Authorize City Manager to execute the First Amendment to Agreement that is substantially similar to the form attached hereto as Attachment B Description This extends the agreement between the Fremont Union High School District, the Cupertino Union School District, and the City of Cupertino for congestion and safety measures around Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School 10. Subject Alcoholic Beverage License, Gochi Japanese Fusion Tapas, 19980 Homestead Road (Oakmont Shopping Center @ Blaney) Recommended Action Approve application for On -Sale General for Bona Fide Public Eating Place 11. Subject Alcoholic Beverage License, Guan Dong House, 10851 North Wolfe Road (Cupertino Village) Recommended Action Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place 12. Subject Alcoholic Beverage License, Gyu -Kaku Cupertino, 19620 Stevens Creek, Suite 150 (Marketplace) Recommended Action Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place 21 March 1, 2011 Cupertino City Council Page 4 13. Subject Planning Commission recommendation to select Winnie Lee as the Environmental Review Committee representative Recommended Action Accept the recommendation 14. Subject Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue, APN 357 -18 -007 Recommended Action Accept Municipal Improvements Description The applicants have completed City- specified improvements in the City right -of- way including sidewalk, driveway approach, curb & gutter and paving as required by the improvement agreement with the City 15. Subj ect City Project, Sterling Barnhart Park, Project No. 2008 -9126 Recommended Action Accept Project No. 2008 -9126 Description The work consisted of the construction of a new park ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Cathy Helgerson spoke regarding Items 16 and 17, and inquired why the city wanted these underground water rights, and she did not agree with taking these rights from residents. Concerning Item 18, she asked the Council to do water tests for pollution and not just deal with trash. City Manager David Knapp explained that the water below one's property belonged not just to that property but to a larger body of water. The city had a policy that when a property changed hands the water rights would be ceded to the public. The recipient of the water was the Santa Clara Valley Water District. Additionally, it was a sound environmental decision. If everyone owned the water and drilled on their property it would be difficult to keep the water pure. It was much better that a public entity owned the water. Public Works Director Timm Borden commented that Item 18 allowed the city to move forward in obtaining grants for this phase of the Stevens Creek Corridor Park Project. The Santa Clara Valley Water District had jurisdiction to test the water, not the city. Mahoney moved and Santoro seconded to approve item Nos. 16 -18 as recommended by staff. The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro and Wong. Noes: None. Absent: Wang. 16. Subject Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc., 19050 Pruneridge Avenue, APN 316 -06 -033 Recommended Action Adopt Resolution No. 11 -029 Description 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 17. Subject Quitclaim Deed and Authorization for Underground Water Rights, Stephen Wu and Chinling Lee, 10108 South Tantau Avenue, APN 375 -07 -040 Recommended Action Adopt Resolution No. 11 -030 22 March 1, 2011 Cupertino City Council Page 5 Description 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 18. Subject Authorize applications for grant funding from the Santa Clara Valley Water District's Clean Safe Creeks and Natural Flood Protection Program of 2000 for Stevens Creek Corridor Park Phase H, Project 9136 Recommended Action Adopt Resolution Nos. 11 -031 and 11 -032, authorizing applications for grant funding PUBLIC HEARINGS 19. Subj ect Parking Ordinance Amendment Recommended Action Approve recommended amendments to the Parking Ordinance and conduct the first reading of Ordinance No. 11 -2074 Description Application: MCA - 2010 -05; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance) of the Cupertino Municipal Code to clarify language regarding storage and parking of vehicles. "An ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment, aircraft and planned non - operational vehicles in residential zones" Larry Goe asked that all references to aircraft be removed from the proposed ordinance. He noted that he had attended previous discussions on this subject and he had understood that aircraft would not be included. However, now that was not the case. He had an airplane in his side yard that was behind a six -foot fence. A small part of the plane was visible about two feet above the fence. He had not received any complaints about this plane. City Manager David Knapp and Director of Community Development Aarti Shrivastava noted that this ordinance was being considered primarily to address complaints raised about heavy equipment on properties. No complaints had been received about planes. Senior Code Enforcement Officer Gary Kornahrens explained that this ordinance would clarify what could be visible from the street. In Mr. Goe's case, if this ordinance passed, his plane would be in violation of the code, because nothing was allowed to be visible above the six -foot fence. However, a resident could apply for a building permit for an eight -foot fence. Kornahrens also commented on the need for a specific definition of semi - pervious surfaces. Director of Community Development Aarti Shrivastava noted that loose materials were not a problem in side or back yards, but it was an issue in driveways when the materials went into the street. Council Members discussed the proposed ordinance, particularly the issues of aircraft and semi - pervious surfaces. They considered omitting aircraft from the ordinance or grandfathering in existing aircraft. It was noted that currently there were no problems or 23 March 1, 2011 Cupertino City Council Page 6 complaints about aircraft, and if the term were to be omitted and problems arose in the future, the ordinance could be reconsidered. They also discussed adding gravel, pavers and cobbles to the list of such surfaces that would be permitted as long as those allowed for partial infiltration of water and prevented direct contact with the soil. Santoro moved and Mahoney seconded to approve Application No. MCA - 2010 -05 with the following exceptions: (1) Remove the word aircraft and its definition; and (2) amend Section 19.100.030(A) (d), first two sentences, to read as follows: All vehicles must be parked on a permanent impervious or semi - pervious surface. Semi - pervious surfaces include unit pavers, turf block, brick, cobbles, pavers, gravel, or other like materials that must allow for partial infiltration of water and must prevent direct contact with soil. The City Clerk read the title of the ordinance. Chang 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: Chang, Mahoney, Santoro, and Wong. Noes: None. Absent: Wang. UNFINISHED BUSINESS 20. Subject Coffee Society Lease Recommended Action Authorize the City Manager to execute a one year lease with the Coffee Society, with the option granted to the Coffee Society to extend this initial term with two additional one year periods Public Works Director Timm Borden reviewed the staff report. Mahoney moved and Chang seconded to authorize the City Manager to execute the one year lease, with the option to extend the lease for two additional one -year periods. The motion carried 4 -0, with Council member Wang absent. Mayor Wong said that the Coffee Society has been a wonderful asset to the community, back to the time when the new library was built. He said there had been a misunderstanding on the city's part during the bid process, and Council wanted to be sure the process was done fairly as the bid was reissued to them. He said the Council was very happy to have the Coffee Society in the community. NEW BUSINESS 21. Subject Association of Bay Area Governments (ABAG)/ Metropolitan Transportation Commission (MTC)- Sustainable Communities Strategy and the Subregion Regional Housing Needs Allocation (Sub RHNA) Process Recommended Action Do not create a subregion for the FY 2014 -2022 Regional Housing Needs Allocation (RHNA) process Community Development Director Aarti Shrivastava reported that in 2008, Senate Bill 375 was passed, which called for the development of a Sustainable Communities Strategy in all metropolitan regions in California. It combined the previous planning processes done by the 24 March 1, 2011 Cupertino City Council Page 7 Association of Bay Area Government and the Metropolitan Transportation Commission, and it required that an updated eight -year regional housing need allocation (RHNA) prepared by ABAG was consistent with the SCS. She said that the Cal. Govt. Code allowed local governments to form a subregion to receive and distribute shares of regional housing needs, specified the methodology, and allowed subregions the ability to create their own methodology. In February 2011 the Cities Association Board accepted a recommendation from the City Manager's Association and the Santa Clara County Planning Officials to not establish a formal subregion in the current RHNA process but instead to pursue an informal collaborative process. The pros for this informal process included the following: utilized existing forums for communication and participation; provided an opportunity for a unified voice representing the South Bay; maintained the ability of contiguous jurisdictions to trade RHNA numbers; and facilitated future collaboration of housing element consultants, analyses and policies with the added benefit of hopefully reducing costs. Staff recommended that the city pursue an informal collaborative process within Santa Clara County. Jennifer Griffin commented that she had issues with ABAG and did not believe the housing needs they imposed on Cupertino or Santa Clara County were realistic. She believed it increased the high density housing in the city which was unnecessary because, in her opinion, there was not a job /housing imbalance in Cupertino. She suggested that when the city was told it had to do something it was important to ask why and she supported the Council in moving cautiously on this matter. The Council received the report and took no action to create a subregion. 22. Subject Select date for Teen Commission interviews Recommended Action Accept the following deadlines: Applications due in the City Clerk's Office Fri, May 13; Interviews held beginning at 3:30 p.m. Tues, May 24 (and Wed, May 25 as needed) Parks and Recreation Director Mark Linder commented that in addition to the advertising done by the City Clerk's office, he had met with the superintendent of the school district and the principals of the schools in the district to provide additional outreach for advertising and marketing of the Teen Commission. Council concurred to set the application deadline on Friday, May 13, and to conduct interviews on Wednesday, May 25 at 3:30 p.m., and to continue the interviews on Thursday, May 26, if necessary. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Councilmember Mahoney noted that he had attended the Taiwanese Chamber of Commerce Northern California Chapter dinner and the Dr. Seuss Reading Day. 25 March 1, 2011 Cupertino City Council Page 8 Mayor Wong noted that he had just returned from India, and the city was currently looking into the possibility of a sister city with that country. Vice -Mayor Santoro stated that he had attended the Lunar New Year Lunch. Councilmember Chang stated that he had received a copy of the State of California's Office of Mine Reclamation's report made to the County of Santa Clara on February 10 and he asked to give an overview of this report to the Council. He also suggested that the Council invite the State's Mining and Geology Board to have their May meeting in Council Chambers, which would make it more convenient for the public. The remaining Council members declined invite the State's Mining and Geology Board to hold their meeting in Council Chambers, but they were free to make that request on their own if they desired. The Mine Reclamation Report would be made available via a link on the city's website. ADJOURNMENT At 8:48 p.m., the meeting was adjourned. Kimberly Smith, 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.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast 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. 26 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 18, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: DTr ctor of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Cleric Mayor, City of Cupertino 27 J' H I- ul m O N "1 m w O w N H 10 h O O w l0 O w O O O N m h N m 4 O W m 6 W >9 H m H 6 m h N m W q A W N in Ot O to In d N O O w w O CO In rl h M W 1n w N O m d' m m� o to ul H m ul co In m H u) 3D W ri P w N m N w m H m ul H -i dl N m H W W N a) d Q m w In H N m o ul W N tl' w (N H ui h m m m H H H u) ul H N m a) w r { m N N r1 . 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O W � z� E W U) 4 FL H o u O 0 I C] w o o W o yl Co H Co o H H H O U0 H N .� [7 V H W H U N a 3 a A a iJ d Id N n7 �I i� 4J U Id N H L7 i H it W f-� U HH Ha .A N H W aI� - �• u FL rg [- a U 7 N o O H o H H N W W W 0 F2 WU I 1+ m 4 I H I H O Na H H m 4L w W� o U W rn w a q fW' I ¢: W I W W I LL q E FL W A o� H H w H E Y a ! %H LN l W I F E E a W W q O W W z E+ F W ui ui F H H F � � F F F F N V1 F � r [ h r E H H (a ri H \\ Co rb H H Vl \\ U] N N H U o C7 °z 4 I H H H U H H U N N N U x W x w 0 H W 6 U � H F p H F U z [A O U U H U H w F N O H W E H H r ri N p w W 36 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 25, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: a —vZO-7)&O Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 37 I H bi O Ln N \ N H N H L*# W N N W W n H n n H G7 M M r H Y H Y Y H H I-3 r M H W W H Y H Y W W H r I--' M r r y 1 N 2 0 Co o a o o o o o 0 0 o o o o o o o 0 0 o o o o o o o O o o iy!] NNNNNNNNNN H N N N N N N N N N N N N N N N N N y N N 0 0 0 o d d o O a O tl O O Q Q R] n 3 N r mmmmmmmmmm mm m m m m m m m m m m m m m m m {s] H w w w w w w w w w w Ln Ln Ln Ln Ln fn Ln Ln Lll Ln Ln Ln Ul U, Ul Ln Ul n Y mmmmmmmmmm mm m m m m m m m m m m m m m m m C 7 0 mmmmmmmmmm mm m at m m of m m m m m m m m m m H H (A Ln M U l Lrl Ln Ul Ul Ul n It. A It. 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H lu H D z 1 I T M P Q O b b o n o 0 0 0 0 0 0 0 0 0 0 Q n d a o 0 0 0 0 o q O tl tl f7 0 0 0 0 o O O o 0 0 0 0 o p 0 a O O o a o 0 000000 0 P P Q p a aao 0 0 0 0 0 0 Cl 0 N N N p w w w N w w m m m 0 o J N W W In ,P N W H w It. � IA LO Y W N w A Y Y m o N o J m J W O J w Y W w 03 m w w w 0 m 1u In A m O m W to In w J IN N In Cl 4. m N ID J J J J Y J W m o w o IA J m �A WNW N m 0 , N N N A W lw m w N N o to o o J .A O O A A A w w W Ln m In O o w J m P J 140 O w a o [n o O Ul H 43 n gy�m-+I H t Ofi iYJKi H W O H O Y N G) 3'J N y H y 1 0 d . \N x y N Y n W Pi z W N 0 n rt rt F{ W (7 I R N m b' m rt m N 0 W W n N � N W c� n O H H O UI o w O h1 O I O o d tj p � D � M N 0 Y "+� H C N Ul O 0 O O P O 0 n� HM ro M M m RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON February 18, 2011 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $ 528,316.78 Less Employee Deductions $f l65,539.01) NET PAYROLL $ 362,777.77 Payroll check numbers issued 98479 through 98509 Payroll voucher numbers issued V30113 through V30315 Void check/voucher number(s) V30224, V30258 Manual check/voucher numbers) 98510,V30316 CERTIFIED; 'LA 4 Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino .. RESOLUTION NO. 11- A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING DESTRUCTION OF CERTAIN RECORDS FROM THE CITY CLERK DEPARTMENT WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02- 037 establish rules and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the departmental request for permission to destroy all said records in excess of two years old has been approved by the City Clerk and the City Attorney pursuant to Resolution Nos. 8894 and 02 -037; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes destruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15 day of March, 2011, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 45 r �-a a r -a�� O� tlJ � z� ono H v � U o 0 a� �2 w � o� �p O � W 0 U a 7 Q � 0 ca QJ C Q cd � a a Q� U v Q rA 7:1 u 0 MQI v � � Q o ° E� bIJ aj Q U ,. Lrl O U EI U o • U I I A � z ° z a o IJ Q Q Q Q Q 0 0 N N r N r ON ON O Lo N O � En (� C M �L;�Y- u b 0., a ° p v1 a ° m OFFICE OF THE CITY CLERK CITY FALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 MEMORANDUM To: Department Head — City Clerk From: Grace Schmidt, Deputy City Clerk Subject: RECORDS FOR DESTRUCTION Date: March 7, 2011 Listed on the attached sheets are records which are in excess of two years old and can therefore be destroyed in accordance with the City's records retention schedule. Please review the list and contact me if you believe any of these files are of historical or administrative significance and should not be destroyed. If approved, a resolution authorizing destruction will be on the council agenda for March 15, 2011. i v City Clerk Date City Attorney Date NO OBJECTION TO DESTRUCTION: Administrative Services Director Date 47 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cuper ino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: March 15, 2011 Subs ect Alcoholic Beverage License, Bombay Oven, 20803 Stevens Creek Boulevard (near Saich). Recommended Action Approve application for On -Sale Beer & Wine for Bona Fide Public Eating Place. Description Name of Business: Bombay Oven Location: 20803 Stevens Creek Boulevard Type of Business: Restaurant Type of License: On -Sale Beer & Wine for Bona Fide Public Eating Place (41) Reason for Application: Fiduciary Transfer Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. Prepared by. Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Application for Alcoholic Beverage License EN Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) ABC 211 (6/99) TO:Department of Alcoholic Beverage Control File Number: 508472 100 PASEO DE SAN ANTONIO Receipt Number: 2042085 ROOM 119 Geographical Code: 4303 SAN JOSE, CA 95113 Copies Mailed Date: February 23, 2011 (408) 277 -1200 Issued Date: DISTRICT SERVING LOCATION: SAN JOSE First Owner: BOMBAY OVEN INC Name of Business: BOMBAY OVEN Location of Business: 20803 STEVENS CREEK BLVD CUPERTINO, CA 95014 County: SANTA CLARA Is Premise inside city limits? Yes Census Tract 5078.06 Mailing Address: (If different from premises address) Type of license(s): 41 Trans feror's license /name: 507666 / KAUR, SHAVINDER Dropping Partner: Yes_ No License Type Transaction Type Fee Type Master Du Date Fee 41 - On -Sale Beer And Wine FIDUCIARY TRANSFER NA Y 0 02/23/11 $50.00 Total $50.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Expl ain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: February 23, 2011 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applican Signature(s) . BOMBAY OVEN INC / gi ,0k/ "y .A017/' COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cuper ino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: March 15, 2011 Subs ect Alcoholic Beverage License, Shanghai Garden Restaurant, 20956 Homestead Road, Suites A2 & A3 (Oakmont Square at Homestead & Stelling) Recommended Action Approve application for On -Sale Beer & Wine for Bona Fide Public Eating Place Description Name of Business: Shanghai Garden Restaurant Location: 20956 Homestead Road, Suites A2 & A3 Type of Business: Restaurant Type of License: On -Sale Beer & Wine for Bona Fide Public Eating Place (41) Reason for Application: Original & Annual Fees Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Application for Alcoholic Beverage License 50 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6199) TO: Department of Alcoholic Beverage Control File Number: 508417 100 PASEO DE SAN ANTONIO Receipt Number: 2041869 ROOM 119 Geographical Code: 4303 SAN JOSE, CA 95113 Copies Mailed Date: February 22, 2011 (408) 277 -1200 Issued Date: DISTRICT SERVING LOCATION: SAN JOSE First Owner: SHANGHAI GARDEN RESTAURANT INC Name of Business: SHANGHAI GARDEN RESTAURANT Location of Business: County: Is Premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 41 Transferor's license /name: 20956 HOMESTEAD RD STE A2 & A3 CUPERTINO, CA 95014 -0310 SANTA CLARA Yes Census Tract 5078.05 Dropping Partner: Yes License Type Transaction Type 41 - Oil-Sale Beer And Wine ANNUAL FEE 47 - On -Sale Beer And Wine ORIGINAL FEES Fee Type Master Dul) NA Y 0 NA Y 0 Date Fee 02/22/11 $350.00 02/22/11 $300.00 Total $650.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: February 22, 2011 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to snake this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) .SHANGHAI GARDEN RESTAURANT INC Applicant Signature(s) 51 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SI 24, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10600 NORTH DE ANZA BOULEVARD, APN 316 -02 -103 WHEREAS, SI 24, LLC, has executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March, 2011, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 52 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -02 -103 10600 North De Anza Boulevard Cupertino, CA 95014 LIMITED LIABILITY COMPANY, hereinafter referred to as the "GRANTOR ", this day of ip �1�(�CY , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitcla s unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 53 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: SI 24, LLC,a California limited liability company By: Sobrato Interests 2, a California limited partnership Its: Sole Member By: Sobrato Development Companies, LLC, limited liability company Its: General P Sobrato Its: Manager (Acknowledgment and Notarial Seal Attached) 54 LEGAL DEwSCFUPTION Real property in the City of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as foiiows: PARCEL 2, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON NOVEMBER 23, 1977, IN BOOK 408 OF MAPS, PAGE(S) 16 AND 17. APN: 316 -02 -103 55 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California } } SS. County of Santa Clara } On r / — '20 ti , before me, Andrea C. Amador, a Notary Public in and for said County and State, personally appeared —�� who proved to me on the basis of satisfactory evidence to be the person(.' whose name(s) is /we subscribed to the within instrument and acknowledged to me that he /sh-e4hey executed the same in his /he6tlzir authorized capacity 5), and that by his /h er signatureWon the instrument the person(R), or the entity upon behalf of which the person(eacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal OTARY PUBLIC, STATE OF CALIFORNIA My Commission #1893705 Expires: June 25 , 2014 ANDREA C. ANIADOR Commission # 1893705 °s Notary Public . California Santa Clara County iN Comm. Expires Jun 25, 2014 56 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SURESH R. TAMMANA AND SUBHA P. TAMMANA, 22140 HIBISCUS DRIVE, APN 326 -02 -026 WHEREAS, Suresh R. Tammana and Subha P. Tammana, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk am - slum Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -02 -025 22140 Hibiscus Drive Cupertino, CA 95014 Suresh R. Tammana and Subha P. Tammana husband and wife as communit property with right of survivorship hereinafter referred to as the "GRANTOR ", this day of 7 , 2010, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 59 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS Sur R. Tammana z Subha P. Tammana _ (Acknowledgment and Notarial Seal Attached) .1 EMIBff LEGAL DESCMPTION The land reformAd ho herein. La Oiruated in the Rtaw pf cniifaxnia, city eg gAnta CIAxa City of Cupartt o, described 40 follows. LM,. 13 in Suck 3,. as sbOWA upon that certain Map entitled, " L"1 `Np_ $bi Ro mestaad Villa," which Map Wa filed fay ro #�f in the off ica of tha Recov7cr of khe county of Santa clarat . Mate of California, on ,April 4, 19*Si in Sook 33 of Mapm at pages 16 and 17� AMIARS- 326-01 - -06 End of Legal Deecription 61 Al W �1 ■; 1 Ow State of California County of c On Z Zn l% before me, /c" C, &VL'11( (IL ez� c. (Here insert name and title of the officer) personally appeared z4 who proved to me on the basis of satisfactory evidence to be the person@ whose named isl re subscribed to the within instrument and aclmowledged to me that hc/sh463 executed the same in his/her leir. authorized capaci res. and that by his/her/ eir�ignature s on the instculnent the perso s) or tl~<e entity upan behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) ❑ Corporate Officer WITNESS my hand and official seal. (Title) ❑ Partner(s) Carf�rr, f of 1 r r :l 1 67 Attorney-in-Fact ❑ -[ f ' { �' !'IU;c�, - ! n{l�7�1 �, C fit(7PtYICJ / J (Notary Signature of Notary Public DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the noiary section or a separate adnowledgment fonn must be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as May be printed on such a docanent so lang as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e, certif ing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach This form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • pate of notarization must be the date that the signer(s) personally appeared which must also be the some date the acknowledgment is completed. e The notary public must print his or her as it appears within his or her commission followed by a comma and than your title (notary public). ® Print the name(s) of document signer(s) who personally appear at the time of notarization. m Indicate the correct singular or plural forms by crossing off incorrect forms (Lo, he /she/they —is late) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ® The notary seal impression must be clear and photographically reproducible. Impression musLnoS cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. ® Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment.is not misused or attached to a different document. °. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). o Securely attach this document to the signed document FVVO,YG1J1Vll-.rt v1t,.lv.trF oVV'of J - 7ov� WWW.j'4U 7A'L1az1hl:S.l:V111 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 15, 2011 Subs ect Alternative Trail Alignments for Stevens Creek Corridor Project Phase 11. Recommended Action Adopt the bridge and trail alignment as generally depicted in the approved June 2006 Stevens Creek Corridor Park Master Plan. Discussion On November 29, 2010, Council received a status report of the Stevens Creek Corridor Project (SCCP) Phase II. That status report provided time sensitive information regarding the receipt by the City of a $1.2M state grant that could be applied to the entire project if the project alternative was expanded to include creek restoration. On January 18, 2011, Council authorized staff to • Initiate the design effort for Alternative 4A (consisting of creek restoration and using approved master planned bridge and trail alignment). • Negotiate and execute an amendment with SSA Landscape Architects for design services not to exceed $200,000. • Issue Letters of Intent to various granting agencies clarifying the City's intent to proceed with Alternative 4A and creek restoration. • Initiate an environmental clearance process for the project. Due to the schedule required by the newly obtained California River Parkways Grant of $1.2 million, it was necessary in January for the Council to authorize the design effort to begin for the creek restoration portion of the project. As indicated in the report and presentation to Council on January 18, 2011, there is currently a projected shortfall of approximately $1.6 million for the Alternative 4A creek restoration and the trail alignment alternative that was illustrated in the presentation. Staff will present a status report to Council on May 17, 2011 that includes the progress of the design, an updated cost estimate, status of additional grant applications, and recommendations on funding the project Ell shortfall from the future Capital Improvement Program budgets. The grant agreement does not need to be executed until early June of 2011, allowing Council and staff time to secure additional grant funding. At that time, if Council desires, it can direct staff not to execute the grant and to stop or re -scope the project. Although staff did not anticipate bringing the project back to Council prior to May 17 through the design process and upon further review of the grant -driven schedule, staff determined it was necessary to choose a trail alignment so that funding and time are not consumed on less desirable alternatives. The trail alignment that was shown as part of Alternative 4A, travels across the proposed bridge over the creek opposite the 8 th green, and then travels north through the middle or easterly portion of the Stocklmeir orchard, maintaining approximately a 100 foot setback from the residential properties to the west. For the purposes of clarification and to avoid confusion, this alignment will be referred to as the Base Trail Alignment, which is similar to the alignment in the adopted Master Plan. Recent Alternative Suggestions Following Council direction on January 18 to proceed with the development of the Base Trail Alignment, several Council members suggested that several alternative alignments be studied as well. However, several of the grants that have been received or, ones that are now being sought, do not allow for the time and expense necessary to properly investigate alternatives to the Base Trail Alignment. Staff has provided a matrix of pros and cons (Attachment A) to assist Council in determining if the Base Trail Alignment is adequate at this time or if one of the suggested alternative trail alignments would be a better solution overall. A summary of the three alternative trail alignments follows: Alternative Trail Alignment 1: Bridge Location Upstream This alternative would place the bridge near the northern end of the Blackberry Farm parking lot, nearly opposite the tee box for the 8 th green of the golf course. This alternative would shorten the portion of trail that would need golf ball protection fencing, but the bridge would need to be longer to span the creek at an oblique angle. The oblique angle span would be necessary to avoid encroachment on Meadows common property along the creek. The bridge would also need to avoid the existing Stocklmeir orchard wellhead and pump- house, causing the bridge abutment to be rather close to one of the residents in the Meadows residential area. Alternative Trail Alignment 2: West Side Trail This alternative would route the trail near the Meadows residential area, from either the currently proposed bridge location in the Base Trail Alignment or from the bridge in the upstream 65 location. The trail would pass between the Meadows property fence line and the first row of orchard trees, along the westerly edge of the Stocklmeir property. Alternative Trail Alignment 3: East Side Trail This alternative would eliminate the need for a bridge and would route the trail along the top of the new east bank of the creek, along the golf course, terminating in the Blue Pheasant parking lot. In this location, a golf ball protection fence would be required for its entire length of about 1,000 feet. A short section of golf ball protection fence is already assumed in the Base Trail Alignment. This east side trail would also encroach onto the golf course to a much larger extent than is currently envisioned and would undoubtedly require additional funding for golf course redesign and reconstruction. Conclusion Staff has also recently located documents from 2005 that support the formal establishment of a 100 foot set -back from the residents in the Meadows residential community. Staff is not recommending that Council deviate from these earlier commitments, which would render alternatives 1 or 2 as depicted in this report infeasible. Sustainability Impact Staff believes that any one of the proposed alternative trail alignments would fully support the City's sustainability goals. Prepared by. Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attnrhmente- A- Matrix of pros and cons .. Alternative Trail Alignments SCCP Phase II March 15, 2011 67 Opportunities Constraints Constraint Impact Alternative 1 Bridge Location Upstream A. Less protective pedestrian fencing required. 1. Several trees will need to be removed. Undesirable B. Minimizes trail along golf course. 2. Loss of trees = loss of creek habitat. Undesirable C. Provides a more consistent trail experience (longer undivided stretch of trail. 3. Possible well conflict. Cost increase D. Facilitates trail routing options through orchard 4. Longer bridge due to crossing angle. Cost Increase E. Route irrigation over creek via the bridge. 5. Close proximity to The Meadows community. Critical Flaw F. Aesthetic value of bridge adjacent to well. 6. Increased environmental analysis cost and time. Cost increase Alternative 2 West Side Trail A. Easy to construct. 1. Encroaches on 100' setback established with neighbors. Critical Flaw B. No tree impact in the orchard. 2. No real creek experience. Undesirable C. Showcases the Stocklmeier Orchard as trail focal point to encourage preservation, involvement, and donations. 3. Exposed trail with no shade will be uncomfortable in the summer. Undesirable D. Orchard is undivided for future legacy farm. Alternative 3 East Side Trail A. No bridge will be required. 1. Extended golf ball protection fence. Cost increase B. Eliminates safety issue of having trail along Stevens Creek Blvd. 2. Golf course encroachment - feasibility study, grant jeopardy, plus re- design and construction costs. Critical Flaw+ Cost Increase C. Orchard is undivided for future legacy farm. 3. Parking lot re- design for new trailhead & increased parking. Cost Increase D. No major tree impact in the orchard. 4. Must re- confirm grant eligibility for $1.2M grant. Critical Flaw 5. Potential adverse golf experience with added trail users and fencing. Undesirable 6. Poor trail experience— lessnatural. Undesirable F. No connection to the orchard. Undesirable 67 OFFICE OF THE CITY MANAGER UPERTIN Subs ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 15, 2011 Introduce an ordinance to amend the provisions related to reconsideration of items by the City Council to provide a pre- review and determination by a subcommittee of the City Council. Recommended Action Staff recommends the City Council introduce the ordinance to revise the reconsideration procedures. Description Cupertino Municipal Code Section 2.08.096 deals with reconsideration of items by the City Council at the request of a member of the public. The provision, first introduced in 1999 was revised in 2007 and 2008. When the section was revised in 2007, the revision required mailed notice by the Clerk and that the petition be filed "within 10 days of the date of mailing." In addition, such petitions were made subject to a fee. The 2008 amendment added the possibility of a refund of the petition fee. Over the past several years, reconsideration has been requested on a number of matters and the process has been time consuming for the City Council, staff, applicants, petitioners and interested parties. As a result, revisions are proposed to improve the operational aspects of reconsidering an item. The proposed changes include modifying the public reconsideration provision to provide initial review and determination by a subcommittee appointed by the City Council. Only if the subcommittee determines that at least one of the criteria specified in 2.08.096 has been addressed will the matter be referred to the City Council for a reconsideration hearing. If the petition does not meet the minimum standard, as determined by the subcommittee, the petition will be denied. Discussion The changes: 1. Clarify that the City Clerk is to mail notices to the applicant or appellant. .: 2. Clarify the time period within which a petition for reconsideration must be filed. Fifteen (15) calendar days should be a sufficient time period and should run from the date of decision. 3. Clarify the time period within which a decision on reconsideration must be made. The current language calls for the matter to be scheduled within sixty (60) calendar days of the petition being filed; additional language calls for the matter to be concluded within sixty (60) calendar days of the end of the new hearing. The new language will require a decision by the subcommittee within thirty (30) days and a final decision by the City Council no later than sixty (60) days after filing the petition, in the event the item is referred to the City Council. 4. Add a provision providing for an initial review of the written material in the petition, by a City Council subcommittee, for a determination of whether at least one of the criteria is met. In the event no criteria are found, the reconsideration hearing shall not go forward. If after an initial review, the subcommittee finds at least one criterion is met; a date shall be set for a full City Council review of the petition on the merits. Prepared by: Teresa Zueger Reviewed by: David W. Knapp Approved for Submission by David W. Knapp, City Manager Attachments .• ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 2.08.096 OF THE CUPERTINO MUNICIPAL CODE REGARDING RECONSIDERATION - SOUGHT BY INTERESTED PERSON THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment Section 2.08.096 of the Cupertino Municipal Code is hereby amended to read as follows: A. After the decision of the City Council, the City Clerk shall forthwith mail all notices of decisions to the applicant or appellant mil Any interested person, prior to seeking judicial review of any adjudicatory decision of the City Council, shall file a petition for reconsideration with the City Clerk within fifteen (15) calendar days of the date of the mailing ef the netiee ef cision. Failure to file a petition for reconsideration constitutes a waiver of the right to request reconsideration and the City Council's decision shall be final for all purposes. 00 pet 0 si�Ety (60) days after- the filing of the petition. Mailed natiees of the dat" 1 .... I (10) days p r i or- •1„ the he n4 the ean eltisio n of the he f deeision, and may adopt additional findings of faet based upen the evidenee stibmit4ed in any and all eit-y he fling the m,44er, B. A petition for reconsideration shall specify, in detail, each and every ground for reconsideration. Failure of a petition to specify any particular ground or grounds for reconsideration precludes that particular omitted ground or grounds from being raised or litigated in a subsequent judicial proceeding. The grounds for reconsideration are limited to the following: I. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. 2. An offer of relevant evidence which was improperly excluded at any prior c-City Council hearing. 3. Proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdiction. 4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5. Proof of facts which demonstrate that the City Council abused its discretion by: a. Not proceeding in a manner required by law; and /or 70 Ordinance No. 11- Page 2 b. Rendering a decision which was not supported by findings of fact; and /or c. Rendering a decision in which the findings of fact were not supported by the evidence. C. Within thirty (30) calendar days of receipt of a petition for reconsideration a two person subcommittee of the City Council shall review the written material and determine if the criteria for reconsideration are met. Only if at least one of the criteria for reconsideration is met, shall the matter actually be reconsidered by the City Council. The City Clerk shall advise the petitioner in writing of the subcommittee determination. 1. If the subcommittee determines that one or more of the criteria are met, the City Clerk shall schedule the item for City Council consideration within forty-five (45) calendar days of their decision, which shall be held no later than sixty (60) calendar days from the date the petition was filed with the City Clerk. Mailed notices of the date, time and place of such hearing will be provided to the petitioner at least ten (10) calendar days prior to the hearing. D. At the conclusion of the City Council hearing for reconsideration, the City Council may affirm, reverse, or modify its original decision, and may adopt additional findings of fact based upon the evidence submitted in any city hearings concerning the matter. The City Council decision shall be final 44a4 * ^' e sixty (60 � and that action shall not be subject to further reconsideration. E. A petition for reconsideration is subject to a reconsideration fee as prescribed by resolution of the City Council. At the conclusion of the reconsideration hearing, the City Council may, in its sole discretion, refund all, or a portion, of the reconsideration fee. Section 2. Statement of Purpose The Amendment is intended to clarify the procedural aspects of the reconsideration process. Section 3. Severability Should any provision of this Amendment, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. ELfective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. 71 Ordinance No. 11- Page 3 Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the day of and ENACTED at a regular meeting of the Cupertino City Council the day of 2011 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST City Clerk • Mayor, City of Cupertino 72 COMMUNITY DEVELOPMENT DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 15, 2010 Subs ect Second Reading and Adoption of Municipal Code Amendments to the Parking Ordinance. Recommended Action Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 11- 2074: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment and planned non - operational vehicles in residential zones." (MCA- 2010 -06) (see Attachment A). Description Municipal Code Amendment (MCA- 2010 -05) to Chapter 19.100 and Chapter 19.08 to clarify language regarding storage and parking of heavy equipment and planned non - operational vehicles in residential zones. Discussion On March 1, 2011, the City Council conducted the first reading of the Municipal Code amendments to the Parking Ordinance. Attachment A contains the new ordinance language and Attachment B provides the strikeout version of pages revised by the Council motion. reflects all of the specific changes directed by the Council. No other changes have been made to the Ordinance since it was last presented to the Council. Prepared by. Piu Ghosh, Associate Planner Reviewed by. Gary Chao, City Planner, Aarti Shrivastava, Community Development Director Approved for Submission by. David W. Knapp, City Manager Attachments: A. Ordinance No. 11 -2074 B. Strike out version of pages revised by the City Council motion. 73 ATTACHMENT A Ordinance No. 11 -2074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO MUNICIPAL CODE WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE) RELATED TO CLARIFYING LANGUAGE REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT AND PLANNED NON - OPERATIONAL VEHICLES IN RESIDENTIAL ZONES. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance amendment clarifies language regarding storage and parking of vehicles. Section 2. Code Amendment. A. Chapter 19.08, entitled "Definitions," of the Cupertino Municipal Code, is amended to read as shown in Exhibit 1; and B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled "Parking Regulations," of the Cupertino Municipal Code is amended, to read as shown in Exhibit 2. Section 3. Severabilih. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6. CEQA. Because this ordinance makes purely procedural changes, and improvements to readability, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3). 74 Section 7. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council the day of 2011 and ENACTED at a regular meeting of the Cupertino City Council on this of 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino -2- 75 ATTACHMENT I CHAPTER 19.08: DEFINITIONS Section 19.08.010 Purpose and Applicability. 19.08.020 General Rules for Construction of Language. 19.08.030 Definitions. 19.08.010 Purpose and Applicability. The purpose of this chapter is to promote consistency and precision in the interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context of such word or phrases clearly indicates a different meaning or construction. (Ord. 1601, Exh. A (part), 1992) 19.08.020 General Rules for Construction of Language. The following general rules of construction shall apply to the text of the zoning regulations: A. The particular shall control the general. B. In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control. C. The word "shall' is always mandatory and not discretionary. The word "may' is discretionary. D. References in the masculine and feminine genders are interchangeable. E. Words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. F. The words "activities" and "facilities" include any part thereof. G. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items or provisions shall apply; 2. "Or" indicates that the connected items or provisions may apply singly or in any combination; 3. "Either ... or" indicates that the connected items or provisions shall apply singly but not in combination. H. The words "lot" and "plot" are interchangeable. I. The word "building" includes the word "structure." J. All public officials, bodies, and agencies to which reference is made are those of the City unless otherwise indicated. K. "City' means the City of Cupertino. -1- 76 (Ord. 1601, Exh. A (part), 1992) 19.08.030 Definitions. Throughout this title the following words and phrases shall have the meanings ascribed in this section. A. "A" Definitions: "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short -term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. "Abutting" means having property or district lines in common. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.80. "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded. "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio. "Adult bookstore" means a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other similar use. "Alley" means a public or private vehicular way less than thirty feet in width affording a secondary means of vehicular access to abutting property. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of -2- 77 buildings or structures on a site, or substantial change in appearances of any building or structure. 1. "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures, or appliances; any addition, closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement park" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal: 1. Animal, Adult. "Adult animal" means any animal four months of age or older. 2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Commission. 3. Animal, Small. "Small animal' means animals which are commonly found in single - family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. "Animal care" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short -term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one family doing its cooking therein. "Apartment house" means a building designed and used to house three or more families, living independently of each other. "Apartment project" means a rental housing development consisting of two or more dwelling units. "Architectural feature" means any part or appurtenance of a building or structure which is not a portion of the living area of the building or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor area shall not constitute an architectural projection. "Atrium" means a courtyard completely enclosed by walls and /or fences. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable. "Automotive service station" means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the same site is prohibited except for soft drinks and snack foods, either from automatic vending machines or in shelves. The sale of alcoholic beverages on the site is governed by Chapter 19.106. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication, engine tuneups, smog certificates, servicing of tires, brakes, -3- batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Body and paint shop operations are not minor repairs or maintenance. "Average percent of slope" means the ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S IxLx100) A J S = Average slope of ground in percent I = Contour interval in feet L = Combined length in feet of all contours on parcel A = Area of parcel in square feet. B. "B" Definitions: "Basement" means any floor below the first story in a building that is fully submerged below grade except for lightwells required for light, ventilation and emergency egress. A basement may have a maximum exterior wall height of two feet between natural grade and ceiling. "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad rights -of -way, or waterways, and not traversed by any street, railroad right -of -way or waterway. "Boarding home" means any building used for the renting of rooms or providing of table board for from three to five persons, inclusive, over the age of sixteen years, who are not members of the same family. "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion thereof by an "area separation wall' as defined by the Uniform Building Code, then each such portion shall be deemed to be a separate building. 1. Building, Attached. "Attached building" means buildings which are physically connected by any structural members or wall, excluding decks, patios or fences. "Building coverage" means that portion of the net lot area encompassed within the outermost wall line which defines a building enclosure. "Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures, hotels and motels, and recreational and amusement enterprises conducted for profit. "Business or trade school" means a use, except a college or university, providing education or training in business, commerce, language, or similar activity or pursuit, and not otherwise defined as a home occupation. -4- 79 C. "C" Definitions: "Canopy" means any roof -like structure, either attached to another structure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements in connection with outdoor living. "Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended and designed to accommodate one or more vehicles. "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of Highways of the State of California. "Change of use" means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change in ownership, tenancy or management where the previous nature of the use, line of business, or other function is substantially changed. "Child" means a person who is under ten years of age for whom care and supervision are being provided in a day care home or day care facility. "Child day care facility" means a facility, licensed by the State or County, which provides care to children under eighteen years of age in need of personal service, supervisors, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty- four -hour basis. Child day care facility includes day care centers and family day care homes and includes the following: 1. "Large child care facility," which means a facility which provides child and day care to seven to twelve children inclusive; 2. "Small child care facility," which means a facility which provides child day care for one to six children inclusive. "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university' means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94302 of the Education Code of the State of California, or successor legislation. "Commercial recreation' means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a private or for - profit basis, but excluding uses defined as outdoor recreation services. "Community center" means a place, structure, area, or other facility used for and providing religious, fraternal, social and /or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community. "Community housing project" means a condominium project as defined in Section 135 of the California Civil Code, a community apartment project as defined in Section 11004 of the California Business and Professions Code, containing two or more rights of exclusive -5- :1 occupancy, or a stock cooperative, as defined in Section 11003.2 of the California Business and Professions Code, containing two or more separately owned lots, parcels or areas. "Congregate residence" means any building or portion thereof which contains facilities for living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and Fire Codes and may include facilities for eating and cooking for nontransient occupancy primarily by persons eighteen years old and older, in which the responsibilities for rent, housekeeping, cooking and other household maintenance chores are shared among the occupants. "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical attention, but not providing surgical or emergency medical services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including sale of food in disposable containers primarily for off - premises consumption, and typically found in establishments with long or late hours of operation and in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh -cut meats. "Conversion" means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a community housing project, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Corner triangle" means a triangular- shaped area bounded by: 1. The intersection of the tangential extension of front and end property lines as formed by the intersection of two public rights -of -way abutting the said property lines; and 2. The third boundary of the triangular- shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access. "Covered parking" means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be used in providing a covered parking space. D. "D" Definitions: "Day care center" means any child day care facility, licensed by the State or County, other than a family day care home, and includes infant centers, preschools, and extended day care facilities. Day Care Home, Family. "Family day care home" means a home, licensed by the State or County, which regularly provides care, protection and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty -four hours per day, while the parents or guardian are away, and includes the following: rem 1. "Large - family day care home," which means a home which provides family day care to seven to twelve children, inclusive, including children under the age of ten years who reside at the home; 2. "Small - family day care home," which means a home which provides family day care to six or fewer children, including children under the age of sixteen years who reside at the home. "Developer" means the owner or subdivider with a controlling proprietary interest in the proposed community housing project, or the person or organization making application thereunder. "Development Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and/or uses. Development Permits may include but shall not be limited to Administrative Approvals, Two -story Permits, Minor Residential Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. "District" means a portion of the territory within the City within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings are prohibited, and within which certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in this title. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic beverages for consumption on the premises. "Drive- through establishment" means an activity where a portion of retailing or the provision of service can be conducted without requiring the customer to leave his or her car. Driveway, Curved. "Curved driveway' means a driveway with access to the front property line which enters the garage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty- foot -deep parking area that does not overhang the front property line. "Duplex" means a building containing not more than two kitchens, designed and used to house not more than two families living independently of each other. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a nontransient basis and having not more than one kitchen. E. "E" Definitions: Emergency Shelter: "Emergency shelter, rotating" means a facility that provides temporary housing with minimal supportive services. Such shelters shall be limited to a time period of two months in a twelve -month period at any single location and shall meet criteria in Section 19.64.040(A). -7- ., "Emergency shelter, permanent" means a facility that provides temporary housing with minimal supportive services that is limited to occupancy of six months or less. Such shelters may be permanently operated and shall meet criteria in Section 19.64.040(B). "Enclosed" means a covered space fully surrounded by walls, including windows, doors and similar openings or architectural features, or an open space of less than one hundred square feet fully surrounded by a building or walls exceeding eight feet in height. "Entry feature" means a structural element, which leads to an entry door. "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals and trails. "Equipment yard" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity, including but not limited to, a construction material yard, corporation yard, vehicular service center or similar use. F. "F" Definitions: "Facility" means a structure, building or other physical contrivance or object. 1. "Accessory facility' means a facility which is incidental to, and customarily associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19.80. 2. "Noncomplying facility' means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved by reason of which the adoption or application the facility becomes noncomplying. (For the definition for "nonconforming use" see the definition "use' in this chapter.) 3. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family' shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodginghouse, or institution of any kind. "Family day care home" means a home which regularly provides care, protection, supervision of children in the home for periods of less than twenty -four hours a day, while the parents or guardians are away. "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story. "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the ceiling above; 6. Basements with lightwells that do not conform to Section 19.28.060F; 7. In all zones except residential, permanently roofed, but either partially enclosed or unenclosed building features used for sales, service, display, storage or similar uses. "Floor area" shall not include the following: 1. Basements with lightwells that conform to Section 19.28.060F; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. "Floor area ratio" means the maximum ratio of gross floor area on a site to the total site area. "Front wall" means the wall of a building or other structure nearest the street upon which the building faces, but excluding certain architectural features as defined in this chapter. "Full cash value" has the meaning assigned to it in the California Revenue and Taxation Code for property taxation purposes. G. "G" Definitions: "Garage" means an accessory building (completely closed) used primarily for the storage of motor vehicles. "Grade" or "finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizontal area included within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right -of -way line and the extended side yard to the street centerline. "Group care activities" means a residential care facility providing continuous care for six or fewer persons on a twenty- four -hour basis, which requires licensing by a governmental agency. "Guest room" means a room which is intended, arranged or designed to be occupied by occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. M ., H. "H" Definitions: "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen which shall have a ceiling height not less than seven feet above said floor. "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are not considered habitable space. "Heavy equipment" means any mechanical or motorized device that is not a vehicle or a commercial vehicle as defined in 19.08.030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. Height restriction shall be established by establishing a line parallel to the natural grade. Height Limit for Entry Features "Home occupation" means an accessory activity conducted in a dwelling unit solely by the occupants thereof, in a manner incidental to residential occupancy, in accord with the provisions of this title. (For further provisions, see regulations for home occupation in Chapter 19.92.) "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not include mobilehome parks or similar uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. -10- I. "1" Definitions: None. J. "J" Definitions: "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and /or for the dismantling or wrecking of automobiles or other vehicles or machinery. K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as a single - family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" means a use requiring a State of California "off -sale general license" (sale for off -site consumption of wine, beer and /or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off -sale general license. "Living space" means habitable space and sanitation. -11- :. "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory building to persons other than members of the family residence in the dwelling unit, for overnight occupancy on a residential occupancy basis, whether or not meals are provided to such person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two- person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. "Lot" or "site" means a parcel of land consisting of a single lot of record, used or intended for use under the regulations of this title as one site for a use or a group of uses. 1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. 5. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot within a street right -of -way whether acquired in fee, easement or otherwise. "Lot coverage" means and encompasses the following: 1. "Single - family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding ground -level paving, landscape features, lightwells, and open recreational facilities. 2. "All other uses except single - family residential' means the total land area within a site that is covered by buildings, excluding all projections, ground -level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. "Lot line" means any boundary of a lot. -12- 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "Street lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds which has been recorded. "Lot width" means the horizontal distance between side lot lines, measured at the required front setback line. M. "M" Definitions: "Manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, packaging of such products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "Mobilehome park" means any area or tract of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel - trailers, for the purpose of permanent or semipermanent housing. "Multiple- family use" means the use of a site for three or more dwelling units which may be in the same building or in separate buildings on the same site. N. "N" Definitions: -13- "Natural grade" means the contour of the land prior to improvements or development, unless otherwise established by a city approved grading plan that is part of a subdivision map approval. "Net lot area" means the total area included within the property lines of a site, excluding the following: 1. Any portion of a site within the right -of -way of an existing public street; 2. The portion of a flag lot constituting the access corridor lying between the front property line and the frontage line of the corridor at the street; 3. The full width of any legal easement used for access purposes. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. O. "O" Definitions: "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office" means a use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State of California and including services related to medical research, testing and analysis. 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, architecture, dentistry, engineering, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a community housing project. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. P. "P" Definitions: "Park" means any open space, reservation, playground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. -14- :• "Parking area" means an unroofed, paved area, delineated by painted or similar markings, intended and designed to accommodate one or more vehicles. "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages and parking structures. 1. "Temporary parking facility" means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall' and does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic development, increased skill development in sports activity, or rehabilitative therapy for athletic injury. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon. "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "Professional office" means a use providing professional or consulting service in the fields of law, architecture, design, engineering, accounting, and similar professions, including associated testing and prototype development, but excluding product manufacturing or assembly. "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on -site utility networks as required by the City of Cupertino for a community housing project. "Projection" means architectural elements, not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. 1. Property, Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property. -15- M "Provider" means a person who operates a child day care home and is licensed by the State of California. "Public dancehall" is a building or portion thereof used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of such establishment, including but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q. "Q" Definitions: None. R. "R" Definitions: "Recreational open space" means open space within a community housing project (exclusive of required front setback areas) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as open space. "Recycling center" means facilities appurtenant and exterior to an otherwise allowed use, which are utilized for collection of recyclable materials such as metal, glass, plastic, and paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse - vending machines exceeding fifty cubic feet in size. "Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility. Any such use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Residential care facility" means a building or portion thereof designed or used for the purpose of providing twenty- four - hour -a -day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H &SC) Section 1250 et seq., community care facilities (H &SC Section 1500 et seq.), residential care facilities for the elderly (H &SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (H &SC Section 11384.11), and other similar care facilities. Restaurant: -16- 91 1. Restaurant, Fast -Food. "Fast -food restaurant" means a retail food service establishment in which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve themselves and may consume the food and beverages off -site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast -food restaurants. 2. Restaurant, Full Service. "Full- service restaurant" means any restaurant which is not a fast -food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate bar facility for serving alcoholic beverages is not permitted without a use permit. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others. "Residential care home" means the use of a dwelling unit or portion thereof licensed by the State of California or County of Santa Clara, for care of up to six persons, including overnight occupancy or care for extended time periods, and including all uses defined in Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor legislation. "Reverse vending machine" means a mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or credit slip. "Rotating homeless shelter" means a shelter located in an existing church structure, the shelter provided not to exceed two months in any twelve -month period at any single location, and the number of occupants not to exceed twenty -five, hours of operation not to exceed six p.m. to seven a.m. S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet above ground level on adjoining sites, or from adjoining sites, within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. "Second dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single - family dwelling is situated. "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right -of- way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. -17- M Setback Area, Required. "Required setback area" means open space, unoccupied and unobstructed from the ground upward, except as provided in this title, between the lot line and the setback line on the same site. 1. Setback Area, Required Front Yard. "Required front -yard setback area" means the setback area extending across the front of a lot between the front lot line and the setback line. Front yards shall be measured either by a line at right angles to the front lot line, or by a radial line in the case of a curved front lot line, except flag lots which is the area extending across the full extent of the buildable portion of the flag lot measured from the property line which is parallel to and nearest the street line and at which point the lot width equals a minimum of sixty feet. The Planning Commission shall have the discretion to modify the provisions of this definition when it improves the design relationship of the proposed buildings to adjacent buildings or parcels. 2. Setback Area, Required Rear Yard. "Required rear -yard setback area" means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. 3. Setback Area, Required Side Yard. "Required side -yard setback area" means the area between the side lot line and the nearest line of a building, and extending from the front setback line to the rear setback line. "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off - street parking provided on the site. "Single - family use" means the use of a site for only one dwelling unit. "Specialty food stores" means uses such as bakeries, donut shops, ice cream stores, produce markets and meat markets, or similar establishments where food is prepared and /or sold primarily for consumption off the premises. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a public or private thoroughfare the design of which has been approved by the City which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter. 93 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions thereof and including extensions in the length and width, which have been dedicated by the owners thereof to public use, acquired for public use, or in which a public easement for roadway purposes exists. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 1. Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion thereof, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per CA Health and Safety Code 50675.14(b)) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. T. "T" Definitions: "Target population" (per CA Health and Safety Code 53260(d)) means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. "Transitional housing" and "transitional housing development" (per CA Health and Safety Code 50675.2 (h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. U. "U" Definitions: "Use" means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility. -19- ., 1. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary use /conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3. "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. (See "noncomplying facilities" in this chapter for a definition.) 4. "Permitted use' means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5. "Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts thereof, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. 1. Vehicle, commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self - propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreation vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area is either completely or partially private, designed for the sole use of the occupant, and /or which serves to fulfill the interior and /or exterior privacy needs of the impacted residence or residences. W. "W" Definitions: -20- 95 None. X. "X" Definitions: None. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line. Z. "Z" Definitions: None. -21- ATTACHMENT II CHAPTER 19.100 PARKING (Partial) 19.100.030 Regulations for Parking and Storage of Vehicles in Various Zones. A. Vehicles Permitted in Residential Zones. 1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a front or street side yard setback area or within twelve feet of a public right -of -way in a rear yard area in all residential zones subject to the following restrictions: a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot size of ten thousand square feet or less, a maximum of six vehicles are permitted in all other residential zones, unless a greater number is approved by the City in conjunction with a development plan. For purposes of counting vehicles, a camper mounted on a pickup truck is considered one vehicle and other similarly vertically stacked components which belong together shall be counted as a single vehicle. Horizontal groupings shall be counted as two vehicles; b. Any open vehicle containing trash or debris is prohibited; c. No portion of any vehicle may overhang any public right -of -way; d. All vehicles must be parked on a permanent impervious or semi- pervious surface. Semi- pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like materials that must allow for partial infiltration of water and must prevent direct contact with soil. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. Impervious surfaces may not exceed forty percent of the front yard area. Notwithstanding the above, impervious surfaces may not exceed fifty percent of the front yard area on a lot less than sixty feet in width; e. All vehicles must be either currently registered, where registration is required for legal operation and in good operating condition or have a planned non - operation permit on file with the Department of Motor Vehicles; f. Residential driveways connecting to a detached garage or carport in the rear yard shall have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in length. Lots that are more than one hundred fifty feet in length shall have a minimum driveway width of twelve (12) feet connecting to a detached garage or carport in the rear yard. g. In a new residential development, driveways shall have a minimum clearance of two (2) feet from a building wall, fence, or property line; h. Except on lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area must be parked perpendicular to the street. On lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. Owners of vehicles made nonconforming by the adoption of this section shall comply with this provision within two years of its enactment; -I- 97 i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds or more, or a total combination of motor truck, truck tractor and /or trailers that exceeds sixty feet in length is not permitted. [Provisions A(2) -A(8) and Provisions B - E unchanged] 19.100.040 Regulations for Off - Street Parking. [Provisions A -K unchanged] L. Heavy equipment may only be stored within entirely enclosed structures or behind six - foot -high fencing in interior side yard and rear yard setback areas. In no case shall these items be visible from the street even when placed in permitted areas. The above provisions in this subsection shall not apply to heavy equipment stored on site that is being used for construction or installation of improvements with a valid building or grading permit. [Provisions M -Q unchanged] -2- ATTACHMENT B Ordinance No. 11.XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO MUNICIPAL CODE WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE) RELATED TO CLARIFYING LANGUAGE REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT 1RC'RAFT AND PLANNED NON - OPERATIONAL VEHICLES IN RESIDENTIAL ZONES. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance amendment clarifies language regarding storage and parking of vehicles. Section 2. Code Amendment. A. Chapter 19.08, entitled "Definitions," of the Cupertino Municipal Code, is amended to read as shown in Exhibit 1; and B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled "Parking Regulations," of the Cupertino Municipal Code is amended, to read as shown in Exhibit 2. Section 3. Severabilih. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6. CEQA. Because this ordinance makes purely procedural changes, and improvements to readability, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3). .. (Ord. 1601, Exh. A (part), 1992) 19.08.030 Definitions. Throughout this title the following words and phrases shall have the meanings ascribed in this section. A. "A" Definitions: 1. "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short -term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. 2. "Abutting" means having property or district lines in common. 3. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.80. 4. "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded. 5. "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio. 6. "Adult bookstore" means a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. 7. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. 8. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers. 9. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other similar use. .. . .. . ..G\..a.xr.r a.ff� .....x», a. .r.......z......x .0 k iA.�....A,racla .. ..ccl......f. r..... +.r a..n,l.....kka.xr .I.a. xk ......a.i r .G. .... .a.ixaxa. n �......* ... 10. "Alley' means a public or private vehicular way less than thirty feet in width affording a secondary means of vehicular access to abutting property. -2- 100 ATTACHMENT II CHAPTER 19.100 PARKING (Partial) 19.100.030 Regulations for Parking and Storage of Vehicles in Various Zones. A. Vehicles Permitted in Residential Zones. 1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a front or street side yard setback area or within twelve feet of a public right -of -way in a rear yard area in all residential zones subject to the following restrictions: a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot size of ten thousand square feet or less, a maximum of six vehicles are permitted in all other residential zones, unless a greater number is approved by the City in conjunction with a development plan. For purposes of counting vehicles, a camper mounted on a pickup truck is considered one vehicle and other similarly vertically stacked components which belong together shall be counted as a single vehicle. Horizontal groupings shall be counted as two vehicles; b. Any open vehicle containing trash or debris is prohibited; c. No portion of any vehicle may overhang any public right -of -way; d. All vehicles must be parked on a permanent impervious or semi- pervious surface. Semi- pervious surfaces include unit pavers, turf block, brick, cobble, gravel or other like materials and that must allow for partial infiltration of water and prevent direct contact with soil. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. Impervious surfaces may not exceed forty percent of the front yard area. Notwithstanding the above, impervious surfaces may not exceed fifty percent of the front yard area on a lot less than sixty feet in width; e. All vehicles must be either currently registered, where registration is required for legal operation and in good operating condition or have a planned non - operation permit on file with the Department of Motor Vehicles; f. Residential driveways connecting to a detached garage or carport in the rear yard shall have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in length. Lots that are more than one hundred fifty feet in length shall have a minimum driveway width of twelve (12) feet connecting to a detached garage or carport in the rear yard. g. In a new residential development, driveways shall have a minimum clearance of two (2) feet from a building wall, fence, or property line; h. Except on lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area must be parked perpendicular to the street. On lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. Owners of vehicles made nonconforming by the adoption of this section shall comply with this provision within two years of its enactment; -I- 101 i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds or more, or a total combination of motor truck, truck tractor and /or trailers that exceeds sixty feet in length is not permitted. [Provisions A(2) -A(8) and Provisions B - E unchanged] 19.100.040 Regulations for Off - Street Parking. [Provisions A -K unchanged] L. Heavy equipment a.,d- aircraft may only be stored within entirely enclosed structures or behind six - foot -high fencing in interior side yard and rear yard setback areas. In no case shall these items be visible from the street even when placed in permitted areas. The above provisions in this subsection shall not apply to heavy equipment stored on site that is being used for construction or installation or improvements with a valid building or grading permit. [Provisions M -Q unchanged] -2- 102 UPERTINO DRAFT MINUTES Cupertino City Council & Cupertino Redevelopment Agency — Joint Special Meeting Cupertino City Council — Special Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 15, 2011 JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL MEETING ROLL CALL At 4:05 p.m. Mayor Gilbert Wong called the joint special meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California. City Council members Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION At 4:06 p.m. the City Council and the Redevelopment Agency recessed to a closed session to discuss the following item: 1. Subject Conference with Legal Counsel - Initiation of Litigation (one case) (Gov't Code 54956.9(c)) Page No written materials in packet REDEVELOPMENT AGENCY RECESS — At 4:25 p.m. the Redevelopment Agency recessed and the City Council meeting continued. CITY COUNCIL SPECIAL MEETING CLOSED SESSION At 4:26 p.m. the City Council held a closed session to discuss the following items: 2. Subject Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Ave, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee; Under Negotiation: Lease - price and terms of payment 103 February 15, 2011 Cupertino City Council Page 2 Cupertino Redevelopment Agency 3. Subject Conference with legal counsel - Significant exposure to litigation - (One case) (Gov't Code 54956.9(b)) Page No written materials in packet RECESS The City Council was in recess from 5:13 p.m. to 6:48 p.m. Mayor Wong reported out from the closed session meetings. He said that on item No. 1, Council and the Redevelopment Agency obtained briefing and took no action. On item No. 2, Council gave direction to the real property negotiator and took no action. On item No. 3, Council took no action. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang (6:50 p.m.), Orrin Mahoney, and Kris Wang. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 4. Subject Proclamation recognizing the Santa Clara County Library, the Friends of the Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual Silicon Valley Reads (continued from February 1) Recommended Action Present proclamation Council member Orrin Mahoney talked about the program. Mayor Wong presented the proclamation to the Friends of the Cupertino Library representatives. 5. Subject Presentation about the local branch of Hindu Swayamsevak Sangh (HSS), a voluntary, non - profit, social and cultural organization which aims at preserving and passing on ancient Hindu heritage and cultural values Recommended Action Receive presentation Mr. Girish Thobbi, representing Health for Humanity, gave a Power Point presentation about the organization. The Council received the presentation. 104 February 15, 2011 Cupertino City Council Page 3 Cupertino Redevelopment Agency 6. Subject Recognition of the City of Cupertino Finance Department for its excellence in preparing the operating budgeting for Fiscal Year 09 -10 from the California Society of Municipal Finance Officers (CSMFO) Recommended Action Recognize Finance Department Mayor Wong presented the award to Administrative Services Director Carol Atwood and Finance Director David Woo. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: For item No. 15: • An email from Darrel Lum including some comments and recommendations regarding the Matrix Consulting Group management study • A report from the Planning Commission Subcommittee on process improvements For item no. 16, a staff PowerPoint presentation. For item no. 17: • A letter from John Bene of AT &T stating that the Petition for Reconsideration should be denied because it fails to identify grounds for reconsideration • An addendum to the petition from Grace Chen and Guo Jin • A staff PowerPoint presentation. ORAL COMMUNICATIONS Ann Smart, Associate Director for Energy and Environmental Policy with the Silicon Valley Leadership Group, invited Council to an event in Washington, D.C. March 15 -17. This is an annual visit and will focus on several federal priorities with an emphasis on U.S. jobs and competitiveness. Darcy Paul stated that a local store owner had discussed with him a problem with students loitering and smoking during lunch hour and after school. Mr. Paul called Code Enforcement who referred him to the loitering law, Chapter 10.56. He noted that this law refers to a smoking ordinance that doesn't exist (Chapter 10.25). He provided handouts showing the code sections in question. He urged Council to either correct the code or enact a smoking ordinance within the City. Three boy scouts from Troop 494, working toward their "Citizenship in the community merit badge ", spoke to Council about traffic issues in the City. Atharva Bohatgi said that he was concerned that the crosswalk near Monta Vista High School on McClellan Road has no flashing lights. Anj an Amarnath said that he was concerned that the crosswalks at the intersection of Hyannisport and Fort Baker near Kennedy Junior High School and Monta Vista High School 105 February 15, 2011 Cupertino City Council Page 4 Cupertino Redevelopment Agency were confusing to drivers and pedestrians. He suggested installing a timer to allow students to cross the street at intervals so that cars can pass through smoothly and pedestrians will know when to enter the crosswalk. Sachiv Shenoi noted that the City has a law stating people over the age of 10 cannot ride their bike on the sidewalk. He was concerned that the roadway between Rainbow and Bubb and Rainbow and Stelling has no bike lane so students are forced to bike on the road without a bike lane in order to obey law. CONSENT CALENDAR Wang moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 7. Subject January 18 City Council minutes Recommended Action Approve minutes 8. Subject January 24 City Council minutes Recommended Action Approve minutes 9. Subject January 25 City Council minutes Recommended Action Approve minutes 10. Subject Accounts Payable for period ending January 28, 2011 Recommended Action Adopt Resolution No. 11 -017 11. Subject Payroll for period ending February 4, 2011 Recommended Action Adopt Resolution No. 11 -018 12. Subject Treasurer's Investment and Budget Report for quarter ending December 2010 Recommended Action Accept the report 13. Subj ect Treasurer and Deputy Treasurer Appointments Recommended Action Adopt Resolution No. 11 -019 Description Extends the appointments of the current City Treasurer and Deputy Treasurer 14. Subject Grant of easement for sidewalk purposes, Apple Inc., a California corporation, 19333 Vallco Parkway, APN(s) 316 -20 -075 and 316 -20 -076 Recommended Action Adopt Resolution No. 11 -020 Description The property owner of this commercial development agrees to grant to the City an easement for public sidewalk purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property ITEMS REMOVED FROM THE CONSENT CALENDAR (if any) Mayor Wong read a statement provided by Administrative Services Director Carol Atwood explaining the smoking ordinance history: The City used to have a smoking ordinance but it was eliminated in the City code to follow what was written in the State code. Within the next 12 106 February 15, 2011 Cupertino City Council Page 5 Cupertino Redevelopment Agency months, staff will present a no smoking ordinance for recreational areas and trails. The County gave the City a grant to promote anti - smoking. PUBLIC HEARINGS 15. Subj ect Development Permit Process Recommended Action a. Provide direction to staff on the list of recommended changes and any additional modifications /enhancements to the permit process and public engagement policy (see Attachment A) b. Authorize Staff to work on modifications to the Zoning Ordinances as required by the above changes Description Application: CP- 2010 -01; Applicant: City of Cupertino; Location: Citywide; Application Summary: Review of the Management Study of the Permit Process and opportunities to enhance the quality of the City's permit services and organizational efficiency Written communications for this item included: • An email from Darrel Lum including comments and recommendations regarding the Matrix Consulting Group management study • A report from the Planning Commission subcommittee on process improvements Associate Planner Piu Ghosh and Community Development Director Aarti Shrivastava reviewed the staff report via a PowerPoint presentation. They noted that the consultant, Ken Rodrigues, was also in the audience to answer questions as needed. Mayor Wong opened the public hearing. Kevin McClelland with the Chamber of Commerce noted that the current system of public input at the Design Review Committee (DRC) might be better rather than streamlining that portion of the decision process. Jennifer Griffin said that she doesn't want public input or story poles eliminated. She said that the DRC should be making some of the design decisions rather than staff, noting that when her Rancho Rinconada neighborhood was annexed to Cupertino that they were promised the DRC would stay. She urged Council to not bring up R -1 ordinance. Frank Sun said that the permit process could be better from the applicant's standpoint if it were less costly and more consistent. He talked about a recent experience he had with the building department explaining that he did everything he could with the design and the studies required. He was told he had to start over again because the architect he was working with tired of having to redo the studies and quit. He said he ended up spending a lot of time and money and never could get a permit. Marty Miller from the Planning Commission said that he was in the audience in case there were any questions. 107 February 15, 2011 Cupertino City Council Page 6 Cupertino Redevelopment Agency Mayor Wong closed the public hearing. Council asked questions from staff and some of the previous speakers. Action Mahoney moved and Wang seconded to approve the recommendations with the following amendments. The motion carried unanimously: • Public engagement policy: increase the notification threshold for the "collaborate level" to 25 residential units • Project approval thresholds: Council to approve projects with >50 residential units, 50,000 sq. ft. of commercial /office /non - residential or 100,000 sq. ft. of industrial space • Discuss keeping the current noticing radii for minor General Plan Amendments and zoning applications • Initiate a separate, limited review of the R1 Ordinance related to design review, story poles and noticing Council recessed from 9:15 p.m. to 9:30 p.m. UNFINISHED BUSINESS - None NEW BUSINESS 16. Subject Petition for reconsideration of the City Council's January 4, 2011 decision to deny an appeal of a Director's Approval for a parking pad to be located at a duplex located at 965- 967 Miller Avenue Recommended Action Conduct a hearing and adopt Resolution No. 11 -021 Description Application: DIR- 2010 -30; Appellant: Erwin Wolf, Applicant: Linda Shen - Jung (GLSAA, LLC); Location: 965 -967 Miller Avenue; APN: 369 -19 -052; Application Summary: Petition for Reconsideration of the City Council decision to deny an appeal of a Director's Minor Modification decision to allow paving in the front yard of an existing duplex for the purpose of a parking stall at 965 -967 Miller Avenue Written communications for this item included a staff PowerPoint presentation. Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Petitioner Erwin Wolf said that it is a safety issue to allow cars to be parked to park in the area in question because the view is blocked. He noted that it is also difficult for cars to come from Miller Ave. and park in that area. Applicants Linda Shen -Jung and Gordon Jung said they had nothing more to add and were available to answer any questions. Action Mahoney moved and Chang seconded to adopt Resolution No. 11 -021 denying the Petition for Reconsideration; therefore, the Director's approval for a parking pad on Miller Avenue still stands. The motion carried unanimously. 1: February 15, 2011 Cupertino City Council Page 7 Cupertino Redevelopment Agency 17. Subject Petition for reconsideration of the City Council's January 4, 2011 decision to deny an appeal of a personal wireless service facility at the Results Way Office Park Recommended Action Conduct a hearing and adopt Resolution No. 11 -022 Description Application Nos: U- 2010 -03, EXC- 2010 -04, TR- 2010 -31; Applicant: Dave Yocke (AT &T); Petitioners: Grace Chen, Guo Jin; Address: Results Way (rear parking lot); APN: 357 -20 -042; Application Summary: Petition for Reconsideration of the City Council decision to deny the appeal of a Planning Commission approval of a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Written communications for this item included: A letter from John Bene of AT &T stating that the Petition for Reconsideration should be denied because it fails to identify grounds for reconsideration An addendum to the petition from Grace Chen and Guo Jin A staff PowerPoint presentation Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Petitioner Grace Chen made a PowerPoint presentation highlighting the grounds for reconsideration, which included a need to integrate existing plans with new approved plans;, arequest to appropriate funds for screening improvements in Astoria, and a potentially available and technologically feasible alternative area at Monta Vista High School. Petitioner Guo Jin said that he had a new fact to present in the petition. He explained that earlier during the appeal process, there were three petitioners, but now there were only two because the third person moved away and put his house on the market due to the denial of the appeal. He also noted that two more neighbors in the same area moved also due to the denial of the appeal. Council asked questions of the petitioners and staff. Applicant Randy Okamura, representing AT &T, said he had nothing further to add to the record at this time but was available to answer any questions. Council asked questions of the applicant. XiAowen Liu said that because the cell tower location is so close to the community where she lives and affects that community, she would like Council to find a middle ground between their community and AT &T. Mark Ma said that the proposed monopine has already had an impact on house values. He explained that one of his neighbors had just sold his house but had to negotiate a lower price for the house when the buyer heard that AT &T might be putting a monopine in front of it. He noted that other alternative locations should be considered. 109 February 15, 2011 Cupertino City Council Page 8 Cupertino Redevelopment Agency Xuena Xu said that last time Council was pressed to vote no because they were threatened by law and there was no alternate site. She urged Council to reconsider because the information presented to them was false. She showed an aerial picture of tree heights. Andrew Wu said that he wanted to reemphasize that he understands that Council cannot make a certain decision by law. He noted that there is evidence of alternative sites and that the old data cannot be used. He also said that the impact to the community is evident due to the fact that people have moved out of the area. Action Chang moved to uphold the petition for reconsideration. There was no second and the motion died. Mahoney moved to adopt Resolution No. 11 -022 denying the petition for reconsideration. Wang seconded for discussion. She said she wanted to clarify the earlier discussion regarding reimbursement of $30,000 to the Homeowner's Association for additional screening on the Astoria property and AT &T's potential interest in helping to make that happen. Mr. Okamura responded that he couldn't speak more for AT &T but that his personal reputation was important in the community. The motion carried with Chang voting no. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Santoro brought up the issue of petitions for reconsideration and concern about spending so much time on them if they don't get granted. Council concurred to agendize for a future meeting a discussion on the process of how petitions for reconsideration are handled. Chang asked that the Council members direct staff to remove the County information on the City's website from the State Mining Board regarding Lehigh, in order to verify that the information was correct. After discussion, Council agreed to remove the document but include a link to the State Mining Board on the City's website. Council recessed from 11:54 p.m. to 12:05 a.m. on Wednesday, February 16. 110 February 15, 2011 Cupertino City Council Page 9 Cupertino Redevelopment Agency JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING At 12:05 a.m. on Wednesday, February 16, the Redevelopment Agency reconvened to a joint meeting with the City Council. ROLL CALL City Council members Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 18. Subject Loan and Repayment Agreement between the City of Cupertino and the City of Cupertino Redevelopment Agency Recommended Action A. Redevelopment Agency action - Adopt Resolution No. 11 -01 B. City Council action - Adopt Resolution No. 11 -023 Description Adopt corresponding resolutions authorizing the City and Agency to enter into the Agreement 19. Subject Agreement between the Housing Trust of Santa Clara County, the Cupertino Redevelopment Agency (RDA), and the City of Cupertino for the use of housing funds Recommended Action A. Redevelopment Agency action - Adopt Resolution No. 11 -02 B. City Council action: 1) Increase RDA Housing set -aside fund expenditure budget by $1,000,000 2) Adopt Resolution No. 11 -024 Description Adopt corresponding resolutions authorizing the City and Agency to enter into the Agreement. Discuss an opportunity to fund the Housing Trust of Santa Clara County out of the RDA Housing set -aside 20. Subject Public Infrastructure Agreement with the Cupertino Redevelopment Agency, City of Cupertino, and Vallco Shopping Mall Recommended Action A. Redevelopment Agency action - Adopt Resolution No. 11 -03 B. City Council action - Adopt Resolution No. 11 -025 Description Includes installation of storm sewer trash capture devices and reimbursement for the construction of public street improvements 21. Subject Amendment of the Grant Agreement between the City of Cupertino and the Association of Bay Area Governments (ABAG) to allow the City to purchase two Storm Sewer Trash Capture Devices. Recommended Action City Council Action - Resolution No. 11 -026 111 February 15, 2011 Cupertino City Council Page 10 Cupertino Redevelopment Agency Mayor and Chair Gilbert Wong noted that action on item nos. 18 -21 could be taken concurrently. Finance Director David Woo reviewed the staff report for item no. 18; Director of Community Development Aarti Shrivastava reviewed the staff report for item no. 19; Director of Public Works Timm Borden reviewed the staff report for item nos. 20 and 21. Jennifer Griffin asked questions and said she was concerned about the City and the Redevelopment Agency (RDA) giving so much money to an organization outside of Cupertino. She said that the public needed to understand what action was happening tonight. Robert McKibbin asked questions about the documents for item Nos. 18 -21 and asked for specific clarification. He said the public hasn't had much time to review the documents. Tom Hugunin asked where the money was going to the RDA and where has the Housing Trust had spent money in Cupertino. Keith Murphy said that he is concerned that the RDA is taking action at such short notice. He asked questions about RDA money being put into housing and what would happen in the future. Mayor Wong explained the reason for the RDA agenda items this evening, noting that Governor Brown is proposing to close down all the Redevelopment Agencies in the State, and Cupertino wants to protect the $1.8 million of resident taxpayer money to use for Cupertino. City Manager Dave Knapp explained how the RDA works and answered questions. Administrative Services Director Carol Atwood further explained the agreement with the Housing Trust, noting that staff is trying to keep the money within the Cupertino community. Finance Director David Woo also answered questions. Housing Trust of Santa Clara County representative Jessica Garcia Cole explained that the group has invested over $720,000 back into Cupertino, noting that funds have gone into the development of new affordable housing and to assist low and moderate income first time home buyers. Projects included: Vista Village; Senior Housing Solutions Project; first time homebuyers; and various homeless projects funded out of the Housing Trust's own unrestricted funding. Redevelopment Agency member Mahoney moved and Wang seconded to adopt RDA Resolution Nos. 11 -01 through 11 -03. The motion carried unanimously. Council member Mahoney moved and Wang seconded to adopt City Council Resolution Nos. 11 -023 through 11 -026 and increase the RDA Housing set -aside fund expenditure budget by $1,000,000. The motion carried unanimously. ADJOURNMENT At 12:42 a.m. on Wednesday, February 16, the City Council and Redevelopment Agency meetings were adjourned. Graces Schmidt, Deputy City Clerk 112 February 15, 2011 Cupertino City Council Page 11 Cupertino Redevelopment Agency 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 Comcast 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. 113