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CC 07-05-06 CUPEIQ"INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Wednesday, July 5, 2006 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Deborah Hill talked about a problem with a car at the intersection of Torre and Rodrigues while she was on her bike. She said she didn't have enough time to get across the street before the car entered the intersection and swerved around her. She distributed a letter summarizing her comments. Deborah Jamison talked about an on-going issue with the construction of the McNair property and showed pictures depicting construction debris. She asked about the status of the project and how much longer the construction would last. Mayor Lowenthal asked that Code Enforcement look into debris issue. Ralph Otte asked about the parking citation policy, because he had appealed a ticket and was given an unsatisfactory response. He specifically asked: 1) When was the policy adopted; 2) How much money is collected from parking fines; 3) Who does someone see regarding an in-person hearing. He distributed a letter, addressed to City Council, summarizing his comments. City Manager David Knapp said he would write Mr. Otte a response after looking into the issue. July 5, 2006 Cupertino City Council Page 2 CONSENT CALENDAR SandovallKwok moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 1. Approve the minutes from the June 20 City Council meeting. 2. Adopt resolutions accepting Accounts Payable for June 16 and 23, Resolution Nos. 06- 122 and 06-123. 3. Adopt a resolution accepting Payroll for June 16, Resolution No. 06-124. 4. Adopt a resolution approving the destruction of records from the City Clerk, Finance, and Parks & Recreation departments, Resolution No. 06-125. 5. Adopt a resolution approving an improvement agreement, Ravi S. Rao and Durgamani 10255 Lockwood Drive, APN 342-14-016, Resolution No. 06-126. Through the improvement agreement with the City, these applicants for a single-family dwelling building permit will be obligated to bond and construct City-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 6. Consider Application Nos. U-2006-04, ASA-2006-09, TM-2006-05, Z-2006-03 (EA- 2006-07), Frankie Law (Law and Chow residence), 20055 & 20065 De Palma Lane, APN Nos. 369-32-039, 369-32-006: a) Negative Declaration b) Use Permit and Architectural and Site Review for four new two-story single- family residences ranging from 2,290 square feet to 2,650 square feet c) Tentative Map to subdivide a .65-acre parcel into four parcels ranging from approximately 6,260 to 6,810 square feet d) Rezoning of an existing .65-acre parcel from R2-4.5 (Residential Duplex 4,500 square feet minimum parcel size) to PeRes) (Planned Residential Development) Conduct the first reading of Ordinance No. 06-1986: An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No.2 by Rezoning Approximately 0.652 Acre from R2-4.25 to peRES) Located at 20055 and 20065 De Palma Lane Application Z-2006-03." July 5,2006 Cupertino City Council Page 3 Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint presentation. He noted that staff recommended adding conditions regarding street maintenance, pedestrian access, and a Joint Use agreement with the Santa Clara Valley Water District (SCVWD). Applicant Frankie Law and his wife briefly discussed their project and answered questions from Council. Jennifer Griffin said that she was concerned about taking ranch style homes and converting them into multi-residential homes, and was also concerned about the safety of children with no fence around Regnart Creek. She said she appreciated the applicants keeping the home size down, and asked about the utility easements. Mayor Lowenthal noted that there was a retaining wall around the property adjacent to the creek. William Rassieur said that he met the applicants at a neighborhood meeting and he was in favor of the development. Kwok/Mahoney moved and seconded to approve the Use Permit, Architectural & Site approval, the Tentative Map, and the Negative Declaration, with additional conditions: (1) Street maintenance; (2) Pedestrian access; (3) A joint use agreement with the Santa Clara Valley Water District (SCVWD); (4) Allow rear yard fencing with minimal side- yard fencing; (5) A landscape plan for the common area for which all residents would have access (6) The sidewalk on the south side shall tie into the existing sidewalk by the R&Z development until it reaches De Palma Lane; and (7) Parking is prohibited on the westerly driveway extension of De Palma Lane. The motion carried unanimously. The Deputy City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. UNFINISHED BUSINESS 7. Does the City Council want to revisit the issue of whether or not to operate Blackberry Farm with a per-person entry fee, and/or revisit the decision regarding capacity of the picnic ground operation? Parks and Recreation Director Therese Smith reviewed the staff report. Bill Fry said that the picnic business isn't serving Cupertino residents, isn't making money, needs a massive rebuild, and the City needs to end the business and look for other ways to use tax dollars. He talked about parking issues and the effects of Blackberry Farm (BBF) construction on the Monta Vista neighborhood. He read two 1990 quotes from former BBF owner Torn Nelson and the Cupertino Scene commenting that the farm shouldn't be developed, but be preserved as open space. July 5,2006 Cupertino City Council Page 4 Rhoda Fry said that Cupertino citizens are paying a 2.4% utility tax to payoff the bond that purchased the BBF business and property, and the intent of the purchase was to preserve BBF as open space. She noted that Cupertino non-profits should be allowed to continue events at BBF and that picnic profits have never paid for the property. She showed an overhead titled, "Would you invest in this business?" She asked staff to explain the discrepancies in the numbers and urged Council to make an informed decision on the future of the park. Administrative Services Director Carol Atwood commented on the slide and discussed the numbers per the annual audit report. She said that revenues dipped down during the recession, but are starting to go back up now. Marilyn Goodman talked about BBF being promised as open space and wants to use it as such. She said she sees no benefit to a parking lot in the middle of the neighborhood, but at the Blue Pheasant instead. She commented that streets are already impacted in the areas around BBF, and residents of Cupertino would treat the park better than non-residents. She urged Council to make BBF an open-space preserve like it was intended to be. Deborah Jamison talked about the needs of the wildlife and the restoration of the riparian habitat at BBF. She said that if the restoration project were to be successful, it would be wise to re-think the mass picnic concept and protect the restoration areas from huge numbers of people. She noted that solution would be to reserve the west side for preservation only, and take the 350 parking space area and make it an open field picnic ground for large groups. David McLeroy said he was concerned about having an entrance through the neighborhood instead of from Stevens Creek. He noted that non-residents should also be allowed to enjoy the park, but Council should be more thoughtful of the neighborhood. Deborah Hill said that BBF should be rebuilt and kept for residents. She said that there should be more picnic tables and less parking, but any parking should be from Stevens Creek and not through the neighborhood. Jennifer Griffin said that she used BBF as a child, and hopes Cupertino residents would get a reduced rate to use the facilities, especially the swimming pool. She asked how long the trail was through the park to McClellan Ranch. Alex Tsai showed slides regarding BBF data. He noted concerns about neighborhood impacts if the entrance were to go through the neighborhood rather than off of Stevens Creek. He asked Council to consider an overcrowded park in a crowded neighborhood vs. a greenbelt and natural park. Rose Serio said that the neighborhood environment and community spirit has eroded in the last few years due to the privacy, noise, and pollution from BBF. She asked Council to continue to have functions there, but to allow privacy to the community. She supported making the entrance on Stevens Creek, and suggested having a larger police force when there are large crowds at BBF. July 5,2006 Cupertino City Council Page 5 Council concurred to take no action and to discuss fees and alcohol usage at a later date. NEW BUSINESS 8. Receive a report on event/festival budget allocations and authorize the associated fee WaIvers. Administrative Services Director Carol Atwood reviewed the staff report. Craig Slama thanked Council for the Fourth of July fireworks. Kwok/Sandoval moved and seconded to receive the report and authorize the fee waivers as listed in the staff report, with the exception of reducing the Jubilee Festival by the cost of a banner and giving it to the Tournament of Bands, and reducing the rest of the cashout proportionately to allocate $4,000 to a to-be designated festival. The motion carried unanimously. 9. Designate a voting delegate and alternate for the League of California Cities Annual Conference on Wednesday, September 6 through Saturday, September 9 in San Diego. SandovallWang moved and seconded to designate Council member Richard Lowenthal as the voting delegate for the League of California Cities conference. Wang offered a friendly amendment to be the alternate. Mahoney seconded the amendment and Sandoval accepted. The motion carried unanimously. ORDINANCES 10. Conduct the second reading of Ordinance No. 06-1985: "An Ordinance of the Cupertino City Council Amending Chapter 2.16 of the Cupertino Municipal Code, City Council - Salaries. " Mahoney/Kwok moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney, and Wang. Noes: Sandoval. Mahoney/Kwok moved and seconded to enact Ordinance No. 06-1985. Ayes: Kwok, Mahoney, and Wang. Noes: Lowenthal and Sandoval. ST AFF REPORTS - None July 5,2006 Cupertino City Council Page 6 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Deborah Hill said that Council is doing a great job in Cupertino. ADJOURNMENT At 9:52 p.m. the meeting was adjourned. ~~if Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cLlPertino.org.Click on Agendas & Minutes/ City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.