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CC 07-18-06 CUPEIQ"INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, July 18, 2006 ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, and Orrin Mahoney. Absent: Dolly Sandoval. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), Toll Brothers vs. the City of Cupertino, and Vallco vs. the City of Cupertino regarding the referenda process. City Attorney Charles Kilian announced that the lawsuit against the referenda had been dismissed, so the two items will go on the November 2006 ballot unless the plaintiffs appeal the court's decision. He said there was no reason for a closed session on the referenda process at this time. 2. Labor negotiations - Government Code Section 54957.6 regarding the City Attorney's contract and selection of negotiators. At 6:04 p.m. the Council recessed to closed session with City Manager David Knapp. The City Attorney did not attend. At 6:45 p.m. the Council reconvened in open session. The City Manager announced that the City Council had appointed Council members Kwok and Sandoval to a committee to meet with the City Attorney to go over his contract. This contract will be brought back to the Council at their first meeting in September. 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. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, and Orrin Mahoney. Absent: Dolly Sandoval. CEREMONIAL MATTERS - PRESENT A TIONS Mayor Lowenthal reordered the agenda as follows: July 18, 2006 Cupertino City Council Page 2 5. Presentation regarding the Sheriffs Teen Academy. Captain John Hirokawa of the Santa Clara County Sheriffs Office introduced Deputy Jim Post who gave a presentation on the Sheriffs Teen Academy Program. Deputy Post noted that this program began about 1995 and gave high school students the opportunity to learn about law enforcement in a positive, pro-active atmosphere. The program was eleven weeks long and included presentations on such issues as criminal law, officer safety, gangs, ethics, search and seizure, domestic violence, narcotics, bomb investigation, water search and rescue, drunk driving and forensics. The program also included a tour of the jail and the coroner's office and a trip to the firing range. There was no charge to attend this academy. Deputy Post commented that this program was very successful and rewarding for those involved. City Manager David Knapp announced that Captain Hirokawa had just been promoted to commander of the Sheriff s Department field operations. Council thanked Captain Hirokawa for his work in the city of Cupertino and congratulated him on his promotion. 3. Proclamation for the Cupertino National Little League Seniors. Mayor Lowenthal presented the proclamation to Rob Wells, who accepted it on behalf of the team. 4. Proclamation recognizing the California Cricket Academy. Mayor Lowenthal presented the proclamation to Hemant Buch, who accepted it on behalf of the teams. 6. Presentation on Cupertino E-Services regarding on-line employment applications. Human Resources Director Sandy Abe demonstrated how to access the on-line job applications on the city's Web site, www.cupertino.org. POSTPONEMENTS - None WRITTEN COMMUNICATIONS City Council received an email from Michael Foulkes of Apple Computer stating that they did not have any concerns about the Public Storage project, item No. 15. ORAL COMMUNICATIONS Lee Song reviewed a written report dated July 6, 2006 about allegations of organ harvesting of Falun Gong practitioners in China. The report's recommendations included that authorities in China should conduct a criminal investigation for possible prosecution and the UN should investigate these accusations. Peter Chang supported the report presented by Mr. Song. He noted that the Falun Gong practitioners were innocent people who were being persecuted. These were heinous crimes and it was everyone's responsibility to correct these wrongs. July 18, 2006 Cupertino City Council Page 3 Ruby Elbogen stated that she was glad to see democracy present in Cupertino, specifically noting that the referendums would go on the 2006 ballot. She noted that personally she was not against housing but was opposed to rezoning land from retail commercial uses to residential. The retail tax base was needed for the city to grow. Donald Anderson submitted an ordinance for Council to consider supporting solar energy. He expressed frustration at his attempt to understand the process of getting such an ordinance to the review and discussion level. Council suggested Mr. Anderson get in touch with the City Manager to discuss this matter. CONSENT CALENDAR W ang/K wok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.7, which was pulled for discussion. Ayes: Kwok, Lowenthal, Mahoney, and Wang. Noes: None. Absent: Sandoval. 8. Adopt a resolution accepting Payroll for June 30, Resolution No. 06-129. 9. Accept the Treasurer's Budget report for May 2006. 10. Rescind Resolution No. 04-376 and adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees, Resolution 06-130. II. Accept municipal improvements: a) Andrew Ko and Yeon Sook Ko, 10110 Lebanon Drive, APN 342-14-025 b) Tracy Hsu and Huei-Hwang Hung & Kong-Yeu Han and Suejane Han, 21811 San Fernando Avenue, APN 357-15-082 These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, driveway, and storm drain work, as required by the improvement agreement with the City for a single-family dwelling building permit. 12. Accept city projects performed under contract: Reconstruction of Curbs, Gutters & Sidewalks, Project No. 2005-08, CB Construction Company. (No documentation In packet). The City's contractor C.B. Construction has completed construction on the City's annual Reconstruction of Curbs, Gutters & Sidewalks project for 2005-2006. The work includes the repair and/or reconstruction of curb, gutter, and sidewalk in the City right-of-way that, often due to street trees, have broken, heaved, or subsided sufficiently to become a hazard to pedestrian, bicycle, or motor vehicle traffic. July 18, 2006 Cupertino City Council Page 4 13. Adopt a resolution approving an improvement agreement with Yun Kei Tsang and Saw Hoon Goh, 21708 Alcazar Avenue, APN 357-19-014, Resolution No. 06-131. 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. 14. Adopt resolutions setting a public hearing date of August 15 to consider abating a public nUlsance: a) Bathtub and dilapidated perimeter wooden fence in view of the public right of way at 10593 Johansen Drive, APN 375-37-053, James L. Burtzlaff property owner, Resolution No. 06-132 b) Weeds, carpet rolls, dead tree branches, junk and debris stored in view of the public right of way at 10200 Stern Avenue, APN 375-12-002, Patrick McGrath property owner, Resolution No. 06-133 c) Dry, overgrown weeds at 10450 Serra Street. APN 342-59-013, Mark and Lisa Whitcomb property owners, Resolution No. 06-134 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 7. Adopt resolutions accepting Accounts Payable for June 30 and July 7, Resolution Nos. 06-127 and 06-128. In response to a question from Vice Mayor Wang, staff clarified the charges for a fish and game filing fee, for a creek program bus trip, and for a school crossing guard. Wang also asked that the bank card payments include explanations of charges. Wang/Mahoney moved and seconded to adopt Resolutions Nos. 06-127 and 06-128. The motion carried unanimously, with Sandoval absent. PUBLIC HEARINGS 15. Consider Application Nos. U-2006-03, ASA-2006-05, and EA-2006-06, Timothy Reeves (Public Storage), 20565 Valley Green Drive, APN No. 326-10-044: a) Negative Declaration b) Use Permit and Architectural and Site Approval to demolish an existing 53,890 square foot single-story storage facility and construct a 164,853 square foot four- story storage facility City Council received an email from Michael Foulkes of Apple Computer stating that they did not have any concerns about the Public Storage project, item No. 15. July 18, 2006 Cupertino City Council Page 5 Director of Community Development Steve Piasecki stated that this project had first been heard at the City Council meeting of May 16, 2006. Since then the applicant had held neighborhood meetings with the neighbors including Pinn Brothers, Valley Green Apartments and Apple, and made the following revisions: building shortened to 245 square feet, 45' height limit in place, setback for Pinn Brothers increased from 36' to 60', setback for Valley Green Apartments reduced from 50' to 25', landscaping coverage increased to 30%, portion of Building C facing Valley Green Apartments lowered to two stories and building designs enhanced to be more compatible with Pinn Brothers condos. Staff reviewed the recommendations in the staff report. Timothy Reeves, Development Manager for Public Storage, commented on their efforts to address the issues raised at the May 16, 2006 meeting and said he concurred with the recommendations in the staff report. Mr. Reeves outlined the security measures planned for the project. Jennifer Griffin commended the applicant for addressing the concerns raised by Council but she strongly urged that this facility should have security 24 hours a day, and noted that the perimeter gate was a good idea. Beth Millermen noted that she was a long-time resident of the Valley Green Apartments and she was concerned about this project. This development would increase an already isolated area and there had been some instances of homeless people living there and car thefts. She also expressed her concern about increased traffic congestion. Council discussed the revisions made to this project by the applicant and the suggested recommendations made by staff. Specific attention was given to the security measures planned for this project and Council discussed adding additional measures such as security signage and phone number listed on site and hourly patrols while this facility was open (6:00 a.m. to 9:00 p.m.). Kwok/Wang moved and seconded to adopt the Negative Declaration. The motion carried unanimously, with Sandoval absent. Kwok/Wang moved and seconded to approve the Use Permit and Architectural and Site Approval, with the following additional revisions and conditions. The motion carried unanimously, with Sandoval absent. I. Update project approval allowing construction of the 155,000 sf, 3 and 4 story mini- storage facility per the revised exhibits with the 45 ft. max height building elevations, including lowering the building height on Building B to accommodate the decorative arch within the 45 ft height limit. 2. Require Building C to be additionally set back or reduced in height to one story facing Valley Green Drive apartments. 3. Reduce the allocation requirement from 111,000 square feet to 11,000 square feet. 4. Security signage & phone number posted on site. 5. Copy of lease contract to City Attorney 6. Security plan to be approved by the Director of Community Development July 18, 2006 Cupertino City Council Page 6 7. Add additional Public Works requirements including street improvements, improvement agreement, storm water pollution prevention best management practices, as stated in the staff report. 8. Require a public access easement connecting the new mini-park and pedestrian trail to the Oak Park Village pedestrian access. 9. Add benches to the pedestrian pathway and vines to grow along trellises attached or adjacent to the building to soften the exposed flat wall areas. 10. Require a double row of trees along the pedestrian trail with tree types that provide canopy coverage. 11. Hourly patrol while open. 12. Added architectural details and lighting to be reviewed by the Design Review Committee. UNFINISHED BUSINESS - None NEW BUSINESS 16. Conduct a hearing and adopt a resolution approving assessment of fees for the annual Weed Abatement Program (private parcels), Resolution No. 06-135. Alex Chen stated that he was the owner of properties at 21175 and 21177 Gardena Drive. He was a new owner and had received the notice to abate his weeds late, but had proceeded to hire someone to clear them out. Greg Van Wassenhove, Director of Santa Clara County Agriculture & Environmental Management, explained the process involved in the weed abatement program. He said that the properties were surveyed, owners were notified and given a specific amount of time to get the work done before the cleanup work was contracted out and the homeowner was sent an assessment letter. Mr. Van Wassenhove showed Council the pictures taken of Mr. Chen's property before and after the county's contractor had done his work. In response to an inquiry from Vice Mayor Wang, Mr. Van Wassenhove noted that Vector Control already had a program in place for mosquito abatement. Wang/Kwok moved and seconded to adopt Resolution No. 06-135 as presented, providing for lien assessments resulting from the abatement of public nuisances. The motion carried unanimously, with Sandoval absent. 17. Authorize Mayor Lowenthal to comment on a Draft Supplemental Environmental Impact Report (EIR) on the proposed Kaiser Permanente Santa Clara Medical Center Hospital Heliport Proiect. Jennifer Griffin suggested that no helicopter flights be allowed at night (except for emergencies) and the flight path not be allowed over houses. She believed there was too much air traffic in that area and the risk of collision was high. July 18, 2006 Cupertino City Council Page 7 Council concurred that the Mayor would send a letter to the City of Santa Clara Planning Department stating that the Council agreed that the heliport project posed significant and unmitigable noise impacts to the surrounding areas. Thus, the City of Cupertino supported the inclusion of all the mitigation measures into the use permit for the heliport project and the prohibition of trauma center type services at the Santa Clara facility. It was further agreed that the Mayor would include with his letter any additional comments made on this issue such as those made by Jennifer Griffin. ORDINANCES 18. Conduct the second 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." Wang/Mahoney moved and seconded to read Ordinance No. 06-1986 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney and Wang. Noes: None. Absent: Sandoval. Wang/Mahoney moved and seconded to enact Ordinance No. 06-1986. Ayes: Kwok, Lowenthal, Mahoney and Wang. Noes: None. Absent: Sandoval. ST AFF REPORTS - None COUNCIL REPORTS Mayor Lowenthal noted that the Director of Parks and Recreation, Therese Smith, had recently gone to Sacramento in an attempt to obtain some funding for the creek restoration project that had been lost to the city. While there was overall great support for this project, about $800,000 was not awarded to the City because of a letter written by the watershed council on certain unresolved issues with this project. While Proposition 50 money was no longer available, it as possible that other funding might be obtained for this project. ADJOURNMENT At 9: 15 p.m. the meeting was adjourned. Note: The regularly scheduled meeting of August 1 has been cancelled. The City Council will meet next on Tuesday, August 15, at 6:00 p.m. For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Councill Packets. July 18,2006 Cupertino City Council Page 8 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.