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CC 09-06-2011 fp/ 1%19 CUPERTINO MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, September 6, 2011 PLEDGE OF ALLEGIANCE At 6:46 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. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS 1. Subject: Proclamation recognizing Target for their participation during National Night Out Recommended Action: Present proclamation Eric Linden, Executive Team Leader for Assets Protection for the Cupertino Target store, said that he was able to meet with many of the neighborhood groups around the City to drop off water and some food items during their National Night Out events. He said he hopes to have a National Night Out event held at the Cupertino Target store next year. Mayor Wong presented the proclamation to Mr. Linden. 2. Subject: Presentation from the Parks & Recreation Commission Recommended Action: Receive presentation Written communications for this item included PowerPoint slides. Parks and Recreation Commission Chair Darcy Paul gave a PowerPoint presentation and highlighted the main items that the Commission focused on in 2010 -2011 including the Shakespeare Festival; the Memorial Park geese issue; Teen Commission's Walk One Week (WOW) program; Capital Improvement recommendations; initiated collaboration with the Cupertino Chamber of Commerce; and proposed criteria for cell towers in Cupertino parks. He also highlighted items that the Commission plans to work on for 2011 -2012 including the Cupertino Sports Center pool area; McClellan Ranch/Simms Master Plan; Stevens Creek Corridor Phase II; continue fostering relationships with the business community in Cupertino; Lawrence /Mitty Park; and other various items to inform the community about the Parks and September 6, 2011 Cupertino City Council Page 2 Recreation department such as Stocklmeir Task Force, updates on annual activities at Blackberry Farm, and Project Cornerstone which helps the youth in the community. POSTPONEMENTS - None WRITTEN COMMUNICATIONS The following written materials were distributed at the meeting: • Petition by Lothar Bandermann to place issue of "Community Tree" vs. "Christmas Tree" on the Council agenda, Oral Communications • PowerPoint slides for the Parks & Recreation Commission presentation, item number 2 • Exhibit B showing the maintenance agreement area, item number 15 • Staff PowerPoint slides for Cupertino Crossroads, item number 18 ORAL COMMUNICATIONS Santa Clara County Fire Chief Ken Kehmna introduced Battalion 14 Chief Kendall Pearson who was first to respond to the call for a fire on August 31 at the Northpoint Condominium complex. Chief Pearson thanked the City for its fast response and noted that first on the scene was one of the City's Code Enforcement officers. Also in attendance was the City's Building Official, the Mayor, and the City Manager. He explained that this was a full first alarm and that because the complex borders the City of Sunnyvale, they also received multiple calls and sent a full response as well. He said that what was discovered was a gas -fed garage fire and that an explosion had occurred. He said the Fire Department had plenty of resources there, but since they can't put out a fire that is being fed by gas, PG &E also responded. He said that the PG &E workers did a great job digging down to the gas source in a quick fashion and that the two agencies worked in tandem to resolve the situation. Once PG &E secured the gas mains, the Fire Department put out the fire. Judy Kubota, PG &E's Director of Gas Operations, noted that their investigation is still on -going but she wanted to notify the Council about what they have learned so far and what they are doing to ensure their system is safe. She also said she was thankful that no one was hurt in the fire. She explained that their initial investigation discovered a crack in a plastic T on a two -inch distribution main located about 7 feet from the townhouse. She explained that the plastic T and other pipes and fittings were manufactured in the late 1960's to 1973 and are made of a resin that is susceptible to slow crack growth. They believe that gas leaking from this distribution T migrated into the garage and ignited the fire. Their first priority was to make the area safe. After stopping the flow of gas from the distribution main, they surveyed the entire complex and discovered 6 additional leaks which were repaired immediately. They also pressure tested the distribution main in that area and confirmed it was sound. On Sept 2, they conducted an additional leak survey in the area as an added precaution. They reviewed their records on the day of the fire and didn't find any gas odor calls. She said they are also reviewing all calls received from that complex for the month of August. They have also searched their repair records and didn't find any repair records at that complex in the past 9 years. They have committed to September 6, 2011 Cupertino City Council Page 3 replacing all of the 12,000 feet main in the complex as well as all of the services in the complex. She noted that they will conduct weekly leak surveys in that area and are in communication with the Homeowners Association in the complex. They will continue to develop a comprehensive, integrity, management plan to address the plastic systems and bring a nationally recognized plastic expert to assist them. They are also reassessing their practices to improve response time and are providing the National Transportation Safety Board (NTSB) and the California Public Utilities Commission (CPUC) with information about their findings. She explained that they will continue to provide the City with additional updates as they become available and are working with the owner of the townhouse to assist her. Anyone who smells gas should call 911 or PG &E immediately. Jennifer Griffin said that the R1 ordinance has been discussed many times since she has been a resident and that the decisions made to change the R1 recently happened too fast and was done hastily. She also urged Council to slow down on the upcoming development permit process. Lothar Bandermann distributed a petition asking Council to change the name of the tall pine in front of the Quinlan Center from "Community Tree" to "Christmas Tree" during the holiday season. He noted that the State Capitol tree is called a "Christmas Tree." Patrick Kwok announced that the Bridge to Health 5K run/walk, sponsored by the Northwest YMCA, will be held on Sept. 11 at 8:00 a.m. The event will start at Memorial Park and go across the Mary Avenue Bridge and back. He also noted that in July of this year, Senator Joe Simitian sponsored a resolution to rename the Mary Ave Bridge after former Cupertino Council member Don Burnett. Fundraising efforts are in place to raise $8,000- $10,000 through the Cupertino Optimist Club. Public and Environmental Affairs Director Rick Kitson said that there will be a brief, memorial ceremony recognizing the name change on Oct. 8 at 10:00 a.m. CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar as recommended, with the exception of item numbers 15 and 17 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Subject: August 16 City Council minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending August 12, 2011 Recommended Action: Adopt Resolution No. 11 -147 5. Subject: Accounts Payable for period ending August 19, 2011 Recommended Action: Adopt Resolution No. 11 -148 6. Subject: Payroll for period ending August 19, 2011 Recommended Action: Adopt Resolution No. 11 -149 September 6, 2011 Cupertino City Council Page 4 7. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Ramona Blvd., Inc., a California nonprofit corporation, 22840 Mercedes Road, APN 342 -22 -109 Recommended Action: Adopt Resolution No. 11 -150 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 8. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Rajesh George and Gangarathna Purlupady, 10471 Westacres Drive, APN 359 -14 -032 Recommended Action: Adopt Resolution No. 11 -151 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 9. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Lynn Youngs and Mikiko Youngs, 10965 Miramonte Road, APN 356 -01 -032 Recommended Action: Adopt Resolution No. 11 -152 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 10. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10590 Tantau Investments, LLC, A Delaware limited liability company, 10590 North Tantau Avenue, APN 316-18-035 Recommended Action: Adopt Resolution No. 11 -153 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 11. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Chih -Hui Tung, 10215 Alhambra Avenue, APN 326 -23 -042 & 326 -23 -043 Recommended Action: Adopt Resolution No. 11 -154 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 12. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Tantau Properties LLC, a Delaware limited liability company, 10670, 10700 and 10710 North Tantau Avenue, APN 316 -09 -019, 316 -09 -027 & 316 -09 -028 Recommended Action: Adopt Resolution No. 11 -155 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 13. Subject: Quitclaim of property on Cleo Avenue (APN 362 -31 -004) to Habitat for Humanity Silicon Valley (Habitat) for affordable housing development Recommended Action: Adopt Resolution No.11 -156 Description: Staff recommends that Council authorize the City Manager to execute a quitclaim deed for APN 362 -31 -004 on Cleo Avenue, per the Disposition and Development Agreement between the City of Cupertino and Habitat for Humanity Silicon Valley for Cleo Avenue Property, approved by Council June 1, 2010 September 6, 2011 Cupertino City Council Page 5 14. Subject: Improvement Agreement, Chih -Hui Tung, 10215 Alhambra Avenue, APN 326 -23- 042 & 326 -23 -043 Recommended Action: Adopt Resolution No. 11-157 Description: Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site 16. Subject: City Project, Garden Gate Sidewalk Installation, Project No. 2009 -9549 Recommended Action: Accept Project No. 2009 -9549 Description: The work consisted of installing new concrete sidewalk, handicap ramps and upgrading a traffic signal ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 15. Subject: Maintenance Agreement, Byer Properties, L.P., a California limited partnership, 20730 Stevens Creek Boulevard, APN 359 -08 -020 Recommended Action: Adopt Resolution No. 11 -158 Description: The property owner of this commercial development will be required to allocate the costs of maintenance, repair and replacement of certain improvements, including landscaping, situated on real property owned by City along 20730 Stevens Creek Boulevard in front of the project, and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and replacement Written communications for this item included an Exhibit B showing the maintenance agreement area. Chang moved and Mahoney seconded to adopt Resolution No. 11 -158. The motion carried unanimously. 17. Subject: Blackberry Farm Infrastructure Upgrade Project 2011 Re -Bid Recommended Action: Authorize the City Manager to award contract. Description: The work consists of accessibility improvements to the restrooms, driveway and entryway at the retreat center. An alternative bid item includes the construction of a concrete retaining wall at the foot of the hill near the maintenance yard to prevent soil from the steep slope from slipping into the maintenance yard during the wet season. Chang moved and Mahoney seconded to authorize the City Manager to award the contract. The motion carried unanimously. September 6, 2011 Cupertino City Council Page 6 PUBLIC HEARINGS 18. Subject: Cupertino Crossroads Development Proposal Recommended Action: Approve project Description: Applicant: Mark Creedon (Byer Properties); Permit Nos: ASA- 2011 -12, DP- 2011-03, EXC- 2011 -10, TR- 2011 -30; Location: 20750 Stevens Creek Boulevard (Cupertino Crossroads); APN: 359 -08 -006, 359 -08 -013, 359 -08 -020; Environmental Determination: Negative Declaration (EA- 2011 -10); Descriptions: a. Architectural and Site approval for two new retail building pads and associated site improvements, including, but not limited to, parking lot re- orientation, lighting, landscaping and street frontage improvements consistent with the Heart of the City Specific Plan. b. Development Permit to allow the construction of two new retail building pads; 8,136 square feet and 5,086 square feet respectively and demolition of an existing 4,930 square foot restaurant building, for a net square footage increase of 8,292 square feet. c. Exception to the Heart of the City Specific Plan to allow a 26 foot front setback for a new 5,086 retail building pad, where a 35 foot front setback is required. d. Tree Removal Permit to allow the removal and replacement of seventy nine trees within an existing shopping center parking lot in conjunction with the proposed new development Written communications for this item included staff PowerPoint slides. Assistant Planner George Schroeder reviewed the staff report. Applicant Charles Kahn, Architect, introduced Project Manager Mark Creedon who was there to answer any questions. Mr. Kahn said that he understands Council's concerns about setbacks and parking. He said it's important to have restaurant uses at the street to keep the shopping center alive, noting that people like to shop and then have a meal. He also noted that the plan is to include fountains to create an ambience for people to stay and enjoy their meal. He said they expect there to be cross - fertilization between the businesses which would only require one parking space rather than two. At 9:02 p.m. Mayor Wong opened the public hearing. Darryl Lum, also speaking for Ned Britt and Robert McKibbinn, said that the whole area should be under a master plan. He noted that Fontana's parking lot is in another parcel and Staples is in two parcels showing an example of piece -meal planning. He said that no criteria were met for the project to warrant a Heart of the City (HOC) Exception, and that only 18% of Bldg. F complies with the HOC Master Plan. He compared the Panera Bread and Peet's Coffee development regarding tight parking and lots of traffic noise because it's close to the street. He also said that Bldg. F would require 64 parking spaces and the project doesn't meet that number. Jennifer Griffin said that this is an important parcel for Cupertino because of its historical value. She noted that the City has a Heart of the City Master Plan and no exceptions should be granted, making sure there remains a 35 -foot setback in that area. September 6, 2011 Cupertino City Council Page 7 Mark Matsumoto from the Cupertino Chamber of Commerce said that the Chamber promotes and enhances businesses in Cupertino and they support this project. He noted that the developer has won awards for being innovative on previous developments. At 9:18 p.m. Mayor Wong closed the public hearing. Mahoney moved and Wang seconded to adopt a Mitigated Negative Declaration. The motion carried unanimously. Santoro moved and Mahoney seconded and Council unanimously approved the following exceptions: • Parking to be reviewed a year after completion of the two new building pads • Address preserving the large Oak behind Pizza Hut by removing parking spaces near the tree roots, assuming no violation to the lease • Front setback for Building F to be 30 feet from the street curb • Allow restaurants to comprise 15% of the shopping center (includes square footage of existing restaurants and 100% of Buildings E and F) Wang moved and Mahoney seconded to approve the applications for the project. The motion carried unanimously. Council recessed from 9:57 p.m. to 10:06 p.m. UNFINISHED BUSINESS - None NEW BUSINESS 19. Subject: Arbor Day Proclamation 2011 and ;submission of application for Tree City USA Designation Recommended Action: Proclaim Saturday, October 22, 2011 as "Arbor Day" in the City of Cupertino; and authorize the City to submit Tree City USA application Public Works Director Timm Borden reviewed the staff report. Jennifer Griffin said that Cupertino loves trees and will go the extra mile to be sure trees are saved. She noted the City already has a successful tree department and was concerned that this application might mean someone else would be telling Cupertino how to run its street tree department and that the property owners would end having to maintain their street trees. Mr. Borden responded that there is no thought of going in any different direction regarding Cupertino taking care of its own street trees. He said that any ordinance amendment would be to add a written, Annual Community Forestry Work Plan which would document what the City is already doing. Santoro moved and Chang seconded to proclaim Saturday, Oct. 22, 2011 as "Arbor Day" in the City of Cupertino and authorized the City to submit a Tree City USA application. The motion carried unanimously. September 6, 2011 Cupertino City Council Page 8 20. Subject: Ordinance to "Opt in" to an Voluntary Alternative Redevelopment Program under ABx1 27, Voluntary Redevelopment Program Act Recommended Action: Conduct the first reading of Ordinance 11 -2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the Voluntary Alternative Redevelopment Program pursuant to part 1.9 of the California Community Redevelopment Law" Acting City Attorney Gary Baum reviewed the staff report. Jennifer Griffin asked if the new Redevelopment Agency (RDA) is necessarily tied to Vallco or could be used in different areas in the City. Mr. Baum responded that there is only one RDA that could have more than one project area, but it requires a lot of findings to form additional projects. Deputy City Clerk Grace Schmidt read the title of the ordinance. Mahoney moved and Wang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. ORDINANCES STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Council directed staff to look into illegal parking at Oak Valley /Rancho San Antonio; contact CalTrans to clean up the 280 /De Anza interchange; and put together staff reports regarding the City monetarily contributing for signs to mark the Don Burnett Bridge, the Siemens irrigation project and the impact on Creekside's grass, and renaming the holiday tree at Quinlan. ADJOURNMENT At 10:34 p.m., the meeting was adjourned. Grace Schmidt, Deputy 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. September 6, 2011 Cupertino City Council Page 9 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.