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101-Draft Minutes.pdf DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, July 5, 2011 PLEDGE OF ALLEGIANCE At 6:45 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, Orrin Mahoney, and Kris Wang (6:55 p.m.). Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Presentation from the Housing Commission Recommended Action: Receive presentation Nicole Maroko, Housing Commission member, reported that the Commission provided oversight for the city’s Housing Element and the below market rate housing. In addition it made recommendations on the Community Development Block Grant and Human Services Grant allocations. Ms. Maroko also commented on the Habitat for Humanity project on Cleo Avenue as well as other projects in the city for senior housing and transitional housing for victims of domestic abuse. She noted that the Commission continued to pursue affordable housing opportunities. The Council received the report and no action was taken. POSTPONEMENTS City Clerk Kimberly Smith noted that staff requested a postponement of item No. 19, a summary easement vacation and termination of agreement for the property north of the Vallco Shopping Center. Public Works Director Timm Borden explained that this issue involved a 1974 easement and staff requested that it be continued to the next Council meeting so that further study and background could be done. July 5, 2011 Cupertino City Council Page 2 Mahoney moved and Chang seconded to continue this item to the next meeting. The motion carried 4-0 with Council member Wang absent. WRITTEN COMMUNICATIONS The City Clerk presented the following written communications: • Presentations – a copy of the PowerPoint presentation from the Cupertino Housing Commission • Item No. 19 – An email from Ruby Elbogen opposed to giving away overhead and below- ground rights on the property • Item No. 19 – An email from Darrell Lum inquiring about existing easements on the property • Item No. 20 – Staff reports from March 4, 2008 and December 18, 2007, regarding the Cleo Avenue project • Item No. 20 – a copy of the PowerPoint presentation from the staff ORAL COMMUNICATIONS Jerome Viet asked Council to reduce a fine he had received from the city in the amount of $6,100. He stated that a contractor had approached him about two trees in front of his house saying that they were diseased and should be removed for safety reasons. He permitted the removal, but later received notice from the city imposing the fine for removal of city trees. He had not realized they were not his trees, could not afford the fine, and was asking for a hearing on the matter or a reduction of the fine. The City Attorney stated that Council could agendize this matter for a future Council meeting. At that time they could amend the fee schedule and/or agree to an exception clause to the ordinance in place. Such a clause would apply to all situations, not just this one request. She further noted that Council could not grant a waiver at this time. Council agreed to discuss whether or not to agendize this matter later in the meeting. Darrell Lum stated that he understood that Item 19 had been postponed but he wanted to emphasize the serious consequences of the lack of disclosure concerning the easement under discussion. He urged Council to consider the significant impact on the public and the city in terms of time and money. Vedang Uttarmar and Ajay Mandlekar, representing the Green Youth Alliance, expressed support for a city-wide ban on single-use plastic bags, and explained how the bags negatively impacted the environment and the machinery at recycling centers. Several countries had already banned their use, as had several local cities, including San Jose, Belmont, Pacifica and San Francisco. The students noted that there were some side effects: For example, when the plastic bags were banned in San Francisco, there was an increase in the number of paper bags used, which was not good for the environment. The students said that that banning single use plastic bags or imposing a fine on their use, while perhaps not a perfect solution, was a good step in the right direction, and they asked the City of Cupertino to take the lead on this issue. July 5, 2011 Cupertino City Council Page 3 Council Member Kris Wang, who also represented the city on the Santa Clara County Cities’ Association, stated that this issue had been reviewed by the Recycling and Waste Management Committee and a resolution on banning single use plastic bags would be coming to all of the member cities for discussion. These issues took time and were not resolved overnight. However, the education of residents was underway and steps were being taken. CONSENT CALENDAR Mahoney and Wang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 19 which had been postponed to the August 2 meeting. Ayes: Chang, Mahoney, Santoro (except for item No. 3), Wang, and Wong. Noes: None. Abstain: Santoro abstained on approval of item 3 since he was not in attendance at the June 7 meeting. 2. Subject: May 23 City Council minutes Recommended Action: Approve minutes 3. Subject: June 7 City Council minutes Recommended Action: Approve minutes 4. Subject: June 21 City Council minutes - Special meeting Recommended Action: Approve minutes 5. Subject: June 21 City Council minutes - Regular meeting Recommended Action: Approve minutes 6. Subject: Payroll for period ending June 10, 2011 Recommended Action: Adopt Resolution 11-105 7. Subject: Payroll for period ending June 24, 2011 Recommended Action: Adopt Resolution No. 11-106 8. Subject: Accounts Payable for period ending June 10, 2011 Recommended Action: Adopt Resolution No. 11-107 9. Subject: Accounts Payable for period ending June 17, 2011 Recommended Action: Adopt Resolution No. 11-108 10. Subject: Accounts Payable for period ending June 24, 2011 Recommended Action: Adopt Resolution No. 11-109 11. Subject: Amend July 1, 2010 through June 30, 2012 Terms and Conditions of Employment for Cupertino Unrepresented (Management and Confidential) employees Recommended Action: Adopt Resolution Nos. 11-110 and 11-111. July 5, 2011 Cupertino City Council Page 4 12. Subject: Alcoholic Beverage License, TGI Fridays, 10343 North Wolfe Road (Vallco Shopping Center) Recommended Action: Approve application for On-Sale General for Bona Fide Public Eating Place 13. Subject: Alcoholic Beverage License, Cypress Hotel & Park Place Restaurant & Bar, 10050 South De Anza Boulevard (City Center) Recommended Action: Approve application for On-Sale General for Bona Fide Public Eating Place, Caterer's Permit, Controlled Access Cabinet Permit, and Portable Bar 14. Subject: 2011 Pavement Maintenance Project Recommended Action: Review bids and award contract for 2011 Pavement Maintenance Project, Project No. 2011-04, to the lowest responsible bidder Description: Staff recommends that Council review bids and award the construction contract for the 2011 Pavement Maintenance Project, based on bids to be received on June 30, 2011 15. Subject: Stormwater Management Facilities Operation and Maintenance Agreement, Villa Serra Apartments, a California Limited Partnership, County Assessor's Parcel Nos. 326-09- 072 and 326-09-073 Recommended Action: Adopt Resolution No. 11-112 Description: The property owner of this residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan 16. Subject: Stormwater Management Facility Easement Agreement, Villa Serra Apartments, a California Limited Partnership, County Assessor's Parcel Nos. 326-09-072 and 326-09-073 Recommended Action: Adopt Resolution No. 11-113 Description: The property owner of this residential development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan 17. Subject: Municipal Improvements, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN's 326-09-056, 326-09-029, 326-09-047 and 326-09- 048 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter and driveway approach improvements 18. Subject: Approval for an additional $25,000 in construction contingencies for the Garden Gate Safe Routes to School Project No. 2009-9549, for a total of $334,000 Recommended Action: Approve additional $25,000 in construction contingencies ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 19. Subject: Summary easement vacation and Termination of Agreement, where City of Cupertino releases all of its interest, rights, obligations, duties, etc., acquired from an agreement recorded on October 17, 1974 July 5, 2011 Cupertino City Council Page 5 Recommended Action: Adopt Resolution No. 11- 114. Description: Adoption of a resolution summarily vacating an easement and terminating any interest held by the City over that certain property located north of Vallco Shopping Center, and immediately southwest of the intersection of I-280 and Wolfe Road, APN 316-20-088 The City Clerk distributed an email from Ruby Elbogen opposed to giving away overhead and below-ground rights on the property, and an email from Darrell Lum inquiring about existing easements on the property. Under the “Postponements” section, this item was continued to the New Business section of the August 2 meeting. Darrell Lum, in response to an inquiry from Council Member Chang, stated that the easement did not allow for building two-story condominiums. If the city and the developer had been aware of these easements the project would not have been proposed as it was and the matter would not have ended up in a lawsuit and referendum. PUBLIC HEARINGS 20. Subject: Six lot subdivision with four new, two-story, single family homes proposed on Cleo Avenue (APN 362-31-004) by Habitat for Humanity Recommended Action: Approve project. Description: Tentative Subdivision Map (TM-2011-01) to subdivide 0.30 acres into four lots and two common area lots for a single family residential development; Development Permit (DP-2011-02) and Architectural & Site Approval (ASA-2011-06) for four, two-story single family dwellings; Parking Exception (EXC-2011-06) to allow a parking ratio of 2 open stalls per dwelling, in lieu of the required 2.8 stalls (garage and open) per dwelling City Clerk Kimberly Smith distributed staff reports from March 4, 2008 and December 18, 2007, and a copy of the staff’s PowerPoint presentation. Senior Planner Colin Jung stated that the issues before Council were the entitlements that would allow the actual construction of the project to begin. He explained that in 2005 the city had acquired the property from Caltrans for an affordable housing project using housing mitigation funds. In December, 2007 the city agreed to transfer the property to Habitat for Humanity for a low and very-low affordable housing project. In 2008 the city rezoned the property from multi-family to planned residential with community development block grant funds to pay for pre-development costs. From November, 2008 to June, 2011 Habitat had worked with the neighbors on the proposed project. He also that earlier discussion items including noise, maintenance of common areas, privacy and parking had been addressed. The public hearing was opened at 8:04 p.m. Applicant Chris Weaver, Director of Housing Development for Habitat for Humanity, explained that screening for applicants was much like that done by banks or mortgage lenders, only more restrictive. She noted that in the last 25 years they had built 50 homes and there had been no defaults. If an owner had to move and sell, Habitat would buy the property back and resell it as affordable housing. The city could decide on the affordability restriction. For example the restriction for below market rate units in the city was 99 years. However, the July 5, 2011 Cupertino City Council Page 6 city could place any length of time they wanted to on the units. No rentals were allowed and there was a four-person limit for each home. Ms. Weaver believed they could get one more parking unit on site with a reduction in the currently proposed amount of landscaping. Jill Weaver, Habitat for Humanity’s architect, commented on the setback and parking issues. She believed that they could look again at the project and provide five-foot setback on the eastern edge and an extra parking space while still maintaining compliance with the fire department and building code requirements. Senior Planner Vera Gil stated that the project had been well received in the community with many people coming forward to volunteer. She noted that the city’s minimum threshold was 45 years, but Council could make the determination on length of time. The following individuals spoke in favor of the project: Wendell Stephens, representing Cupertino Rotary; Philip Lellman; Ed Ramage, Bingo Chairman at St. Joseph’s; Blake Busick, Pastor of Good Samaritan Church in Cupertino; Dale Jones, representing Bethel Lutheran Church in Cupertino, Homer Tong, Cupertino Union School Board Member and resident Jennifer Griffin. Their comments included: This was a good project for all the community and the opportunity for home ownership was very worthwhile. Ms. Griffin did believe that the parking should be increased and the standard setbacks should be required. Zehan Lu, a neighbor of this project and treasurer of his homeowners association, believed that lots B and D were too close together. He also expressed concerns about privacy for the neighbors and suggested more landscaping. Council discussed various aspects of this project and made the following comments: Councilmember Mahoney suggested extending the affordability restriction, adding a parking place and keeping the setbacks as proposed. Councilmember Wang suggested extending the affordability restriction to something over 50 years, requiring the setbacks to comply with the current code and adding a parking place. She also wanted to see a landscape plan. Councilmember Chang suggested a 99-year affordability restriction and a five-foot setback. Vice-Mayor Santoro suggested adding a parking place, a five-foot setback from side property lines and additional screening between neighbors. Mayor Wong suggested adding a parking space, five-foot setbacks, 45-99 years for affordability restriction, landscape screening for units B and D and a requirement that garbage cans be in fenced areas. Mahoney moved and Chang seconded to approve the Tentative Subdivision Map (TM-2011- 01) to subdivide 0.30 acres into four lots and two common area lots for a single family residential development. The motion carried unanimously. Mahoney moved to approve the project with the following exceptions: Require 9 parking spots; require a five-foot setback from the property line, and establish a 50-year affordability restriction. Mahoney seconded, and offered a friendly amendment to establish a 75-year affordability restriction. Discussion followed and the final motion was agreed upon as follows: July 5, 2011 Cupertino City Council Page 7 Santoro moved and Mahoney seconded to approve, subject to the following changes, the Development Permit (DP-2011-02) and the Architectural & Site Approval (ASA-2011-06) for four, two-story single family dwellings. The motion carried unanimously. The changes included: • Add a ninth parking space to the site plan • Increase the side setback along the eastern edge from four feet to five feet • Set the affordability term for the project at 65 years • Add articulation to the buildings along the eastern and southern property lines, or, as an alternative, add a landscape screen. Santoro moved and Mahoney seconded to approve the Parking Exception (EXC-2011-06) to allow a parking ratio of 2.25 open stalls per dwelling, in lieu of the required 2.8 stalls (garage and open). The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 21. Subject: League of California Cities Annual Conference Sept. 21-23 in San Francisco Recommended Action: Designate voting delegate and up to two alternates Wang moved and Wong seconded to name Mayor Wong as delegate to the League of California Cities Conference and Council Member Mahoney as alternate. The motion carried unanimously. ORDINANCES - None STAFF REPORTS Director of Parks and Recreation Mark Linder asked Council if they had any issues they wanted included in the upcoming discussion of the Parks and Recreation work plan for 2011-12. Council agreed that the sports center and swimming pool would be included as they were a part of the city’s budget discussions. In addition it was agreed to include the dog park issue for possible discussion at a future date. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Council agreed to agendize for future meetings the following items: the affordability restriction for below market rate housing, the banning of single use plastic bags, the fee rate schedule, the tree ordinance and a possible exception clause to the current ordinance. The request from Mr. Viet made earlier in this meeting would be put on hold pending further discussion by Council. Council noted that they had attended the following events: July 4th festivities (Council commended staff for very well run events.), the auction at Euphrat Museum, Rotary’s Global July 5, 2011 Cupertino City Council Page 8 Elegance event, the Historical Society’s fundraiser and the Chinese American torch event at City Hall. ADJOURNMENT At 9:35 p.m., the meeting was adjourned. The July 19 meeting has been cancelled, and the next meeting will take place on August 2 beginning at 5:00 p.m. ____________________________ 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.