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CC 08-15-06 F CUPEI\TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, August 15, 2006 ROLL CALL At 6:00 p.m. Mayor Richard Lowenthal called the meeting to order in the Community Hall kitchen, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok and Dolly Sandoval. Absent: Orrin Mahoney. TEEN COMMISSION VACANCY APPOINTMENT 1. Review applications of previously interviewed Teen Commission candidates and make one appointment to fill an unscheduled vacancy. The City Council concurred to appoint Anshul Bhagi to a one-year term. RECESS The Council recessed at 6: 10 p.m., and reconvened at 6: 11 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION At 6: 12 p.m. the City Council recessed to a closed session to discuss the following items: 2. Pending litigation - Government Code Section 54956.9(a), Rhoda Fry v. City of Cupertino regarding the Mitigated Negative Declaration for the Stevens Creek Corridor Park Project. (No documentation in packet). 3. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 regarding the Sports Center Pool. (No documentation in packet). RECESS The Council recessed at 6:42 p.m., and reconvened at 6:47 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. The City Attorney announced that with respect to August 15, 2006 Cupertino City Council Page 2 item number 2 regarding pending litigation, Council appointed Lowenthal and Sandoval to the settlement negotiations team, and with respect to item number 3 regarding the Sports Center Pool, Council directed staff to place the RFP proposals on the next agenda for review. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Richard Lowenthal called the meeting to order again 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 and Dolly Sandoval. Absent: Orrin Mahoney. CEREMONIAL MATTERS - PRESENTATIONS 4. Presentation regarding on-line City public records. (No documentation in packet). City Clerk Kimberly Smith demonstrated how to access City records from the website by . visiting www.cupertino.org and clicking "City Records and Archives." POSTPONEMENTS Deputy City Clerk Grace Schmidt noted that the applicant for item number 19 asked for a continuance to September 19. K wok/Wang moved and seconded to continue item number 19 to September 19. The motion carried with Mahoney absent. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted the following items on the dais: · Revised wording for the Historical Plaque forthe Annual Jubilee, item number 15 · Proposed amendments to the Tree Ordinance from Donald Anderson, item number 17 · A letter from Judith Rentschler, attorney for Mariani, item number 18 · A letter from Patrick McGaraghan, attorney for Peter Pau, item number 18 · Additional information from staff for item number 18d · Information from Sandra James regarding the Cupertino Veterans Memorial, www.cupertinoveteransmemorial.org ORAL COMMUNICATIONS Donald Anderson asked for Council support of an ordinance that he had prepared regarding trees and solar energy He said that trees were important, but shouldn't be more important than solar energy. He said that the proposed ordinance was to make an adjustment for allowing the removal of trees if they are blocking a solar energy system. August 15, 2006 Cupertino City Council Page 3 Leslie Burnell talked about the crowding problem at the schools. He showed an overhead noting that when older people who own homes move out of the area, 2 new school children are added for each new home purchased. CONSENT CALENDAR Sandoval/Wang moved and seconded to approve the items on the Consent Calendar with the exception of item numbers 5 and 10 which were removed for discussion. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. 6. Adopt resolutions accepting Accounts Payable for July 14, 21, 28, and August 4, Resolution Nos. 06-136 through 06-139. 7. Adopt resolutions accepting Payroll for July 14 and 28, Resolution Nos. 06-140 and 06- 141. 8. Accept the Treasurer's Budget report for June 2006. 9. Adopt a resolution regarding a fee adjustment for the Building Plan Check fee for fiscal year 2006-07, Resolution No. 06-142. 11. Approve a fee waiver request from the League of W omen Voters of Cupertino-Sunnyvale of approximately $280.00 in facility use fees for a Candidates Forum for candidates for District Attorney in Santa Clara County on October 9, 2006, 6:00-9:30 p.m. at the Community Hall. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Approve the minutes from the July 5 and 18 City Council meetings. Council member Sandoval asked to clarify her role regarding the City Attorney's contract since she was not present for the July 18 meeting and had been appointed to the review committee. SandovallW ang moved and seconded to approve the minutes. The motion carried with Mahoney absent. 10. Approve a contract with Freedman Tung and Bottomley as urban design consultants for the North Vallco Master Plan Study. Planning Commission Chair Marty Miller and City Planner Ciddy Wordell answered Council questions regarding the process of choosing ad hoc committee members. Jennifer Griffin talked about the separation between the north Vallco area and the industrial area around Tantau, and that it should be called the northeastern Vallco area instead. She urged Council to consider committee members who have experience in handling tech parks, and that the members should not be developers. August 15, 2006 Cupertino City Council Page 4 W ang/K wok moved and seconded to approve the contract with Freedman Tung and Bottomley, and to agendize the process of selecting committee members for the next meeting. The motion carried with Mahoney absent. PUBLIC HEARINGS 12. Consider adopting a resolution ordering abatement of a public nuisance (bathtub, weeds, and dilapidated perimeter wooden fence in view of the public right of way) at 10593 Johansen Drive, APN 375-37-053, James L. Burtzlaffproperty owner, Resolution No. 06- 143. Code Enforcement Officer Jeff Trybus reviewed the staff report. He noted that the owner had cleaned everything up except the bathtub. At 7:45 p.m. Mayor Lowenthal opened the public hearing. Property owner James Burtzlaff said that he painted the bathtub, and is using it as a decorative planter. He noted that a bathtub is not addressed in the code as a nuisance, and that it's his way of recycling the bathtub by not throwing it in the landfill. At 7:50 p.m. Mayor Lowenthal closed the public hearing. Wang moved that the bathtub would be allowed to stay with continued use as a planter. Sandoval seconded the motion and added an amendment that the property owner shall continue to maintain the property in such a way as to avoid a recurring public nuisance. Wang accepted the amendment. The motion carried with Kwok voting no and Mahoney absent. 13. Consider adopting a resolution ordering abatement of a public nuisance (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. 06-144. Code Enforcement Officer Jeff Trybus reviewed the staff report. He noted that he also called Vector control about rats on the property. At 8:01 p.m. Mayor Lowenthal opened the public hearing. The neighbor John Phillip said that since 1999, he has had to complain about the weeds, rats under his deck, wasps from the property, kids playing in the weeds, and people defecating on the lot. He said that the property owner only cleans up the property when asked to by the City. Mayor Lowenthal closed the public hearing. August 15,2006 Cupertino City Council Page 5 Sandoval/K wok moved and seconded to adopt the resolution with a clean up date of August 22, and directed staff to call the County to follow up about the rats. The motion carried unanimously with Mahoney absent. UNFINISHED BUSINESS - None NEW BUSINESS 14. Review bids and award the contract for the 2006 S.T.P. Overlay Program, Project No. 2006-01 to O'Grady Paving, Inc., in the amount of $ 518,293.10, and approval of a construction contingency of $ 51,906.90, to cover any unforeseen work required to complete the project, for a total of $570,200.00. Public Works Director Ralph Qualls reviewed the staff report. K wok/Sandoval moved and seconded to award the contract. The motion carried unanimously with Mahoney absent. 15. Consider the request by the Cupertino Historical Society to acquire and install a small plaque in the Redwood Memorial Grove behind the Cupertino Public Library to commemorate the founding of the City in 1955. Public Works Director Ralph Qualls reviewed the staff report. John Kolski, Cupertino Historical Society member, said that the reason the original council members' names were eliminated from the plaque in the original wording is that it was too cumbersome, and the fact-finding committee was more important to be included. Sandoval/Wang moved and seconded to adopt the following revised wording for the plaque. The motion carried unanimously with Mahoney absent. In recognition of the Founders of the City of Cupertino for their vision in incorporating the City in October 1955 Honoring the Members of the Cupertino Citizens' Fact Finding Committee and The First Mayor and City Council Dedicated September 16,2006 16. Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No.1 to the Agreement with HNTB Corporation, not to exceed $100,000 for continued architectural design, civil design, project management, and construction management services related to Stevens Creek Corridor Park and extending the term of the agreement from October of 2006 to December 31, 2006, and providing an amount not to exceed August 15, 2006 Cupertino City Council Page 6 $50,000 for additional services which may be approved as necessary by the Director of Public Works for a total contract amount of$550,000, Resolution No. 06-145. Public Works Director Ralph Qualls reviewed the staff report. Kwok/Wang moved and seconded to adopt the resolution. The motion carried unanimously with Mahoney absent. 17. Provide direction to the Planning Commission regarding proposed amendments to Chapter 14.18 of the Cupertino Municipal Code (Heritage and Specimen Trees). City Planner Ciddy Wordell reviewed the staff report via a PowerPoint presentation. Donald Anderson said that it is the City's responsibility to deny a resident a permit for a solar system if any trees are in the way of the solar system. He noted that in his particular case, the City should have known there was a conflict of interest with its desire to keep trees even if they were blocking his solar panels. He read a proposed ordinance that he submitted to Council. Jennifer Griffin said that the protection of trees is important and most cities have tree ordinances. She urged Council to make sure street trees and heritage trees are protected by fencing when homes are constructed. Julia Tien talked about the exemption of public utilities in pruning protected trees. She showed a picture of a tree that had been pruned back quite a bit and urged Council to add some language to the ordinance to minimize the clearance requirements for protected trees. She suggested that PG&E could install power pole extensions near protected trees to move the high voltage lines away from the trees to minimize the amount of pruning required. She noted that this would allow the trees to keep more of their natural form and look more aesthetic. City Attorney Charles Kilian noted that the City has not jurisdiction to tell PG&E what type of wire to use and where to put it. Mayor Lowenthal asked that staff give Ms. Tien the contact information for the public service contact at PG&E, and also that he would be happy to be present in the meeting as well. Council made the following comments to staff regarding amendments to the ordinance: 1. Tree Protection: · Confer with the City arborist regarding recommended trees to add to the list · Confer with the City naturalist regarding indigenous trees · Look at the makeup of the City and what trees we currently have to decide what protected trees to keep on the list · Add wording to make unsafe or dead trees exempt, but involve the arborist in making that decision · Add wording regarding other circumstances leading to the demise of the tree August 15,2006 Cupertino City Council Page 7 2. Approval Authority: · The Planning Commission should hear issues regarding the illegal cutting of trees · Keep approvals at the stafflevel as much as possible, but do 300 foot noticing 3. Penalties: · For civil penalties, the person should replace the tree and pay a fine · The City Council can modify the penalty on an appeal · Compare penalties of other cities · The penalty should increase as each offense occurs · Anyone who removes a tree in violation would need to apply for an after the fact permit and come before the Council for conditions to be placed on the restitution · After the fact permits are a violation and should cost more · Any pending applications won't be finalized until there is an approval of an after the fact permit · The location, size, and how long one has to replace a tree is important 4. Noticing: · 300 feet for staff or Planning Commission · Put the notice on the tree itself during the appeal time 5. Solar panels: · No amendment Other Council comments included: · Look into the idea of transplanting trees from mature landscape areas to areas in the City that are tree deficient · Look into whether the ordinance should outline tree protection during construction Council recessed at 9:23 p.m. and reconvened at 9:34 p.m. 18. Consider Application Nos. U-2006-06, ASA-2006-06, TR-2006-09 (EA-2006-09), Cliff Chang (Chang Architecture), 10495 N. De Anza Blvd., APN: 326-33-110 (former Any Mountain building): a) Mitigated Negative Declaration b) Use Permit and Architectural and Site Review to demolish an existing 27,000 square foot office building and construct a 60,000 square foot office building and parking structure c) Tree Removal and replanting for a proposed 60,000 square foot office building and parking structure. d) Minute Order regarding implementation of General Plan Policy 2-42 "Revenue Analysis of Office Developments" August 15,2006 Cupertino City Council Page 8 Senior Planner Colin Jung reviewed the staff report VIa a PowerPoint presentation. Applicant Peter Pau discussed the project highlighting the garage plan, the landscape plan, the parking agreement with the neighbor (Mariani property), and mitigating traffic concerns. Architect Cliff Chang reviewed the project and clarified the parking scheme. Jennifer Griffin said she liked the look of the building and is glad they want to keep the trees. She said she thinks the building is too big for the property, and that it would be preferable to have the parking garage completely under the building. She said she was concerned about the building taking excess of office in this area, and shared concerns about the possibility of housing coming in the future. Sam Wu, co-owner of the Mariani Business Center, said he is not against the development but against the proposed plans. He said the project looks overbuilt, making the two pieces of land inequitable regarding access. He shared concerns regarding the patient walkway posing a safety hazard, and traffic issues. He submitted a petition from local businesses against the proposed development. Judith Rentschler, representing the owners of the Mariani Business Center, said that she supports the Planning Commission's recommendation that the project not be voted on until the parking and easement issues are resolved between the two property owners. She commented that the building is too big for the lot and devalues the Mariani property behind. She noted that the conditional use permit must make a finding that the project isn't injurious to the adjacent property. Lydia Song said that the building and the parking garage are huge compared to the small office development. She noted that it would be more pleasing if the garage were to be completely underneath. Suggested flipping the parking garage so that the outside ramp would be on the side allowing the other property to still see through. Kwok/Sandoval moved and seconded to: 1) adopt a Mitigated Negative Declaration; 2) approve an additional finding that the project is not unreasonably detrimental to the adjacent property provided that conditions of approval are met; 3) approve a Use Permit and Architectural and Site Review with the following conditions and direction for the Design Review Committee: · Traffic mitigation is capped at $25,000 subject to the satisfaction of the director of public works; · Delete condition No. 14 from the Use Permit and ASA, pertaining to consent of adjacent property owner prior to issuance of building permits; · Levy lump sum sales-tax-in-lieu fee of$181,610 and cap it at this amount to address general plan policy No. 2-42. Condition subject to any future August 15, 2006 Cupertino City Council Page 9 implementation of policy 2-42 that may allow for rebate or partial rebate of the fee if office tenants are revenue generating, for example; · Design of garage is subject to review by the Design Review Committee with Council direction to lessen the visual impact of the structure on the adjacent office building (Mariani Business Center). This may include: o Using a smaller footprint parking garage, such as the one approved by the planning commission; o Setting back the garage as far as possible from the rear property line nearest the Mariani Business Center; o Landscaping around the parking structure to soften the view of the structure from the Mariani Business Center; o Flipping the garage, so the less massive ramp is closer to the Mariani Business Center; and o Lower garage height by depressing garage Y2 level below grade The motion carried unanimously with Mahoney absent. 19. Consider Application Nos. TM-2006-07 and EA-2006-08, Scott Kelly (Kelly Gordon Development), 10114 Crescent Court, APN Nos. 326-17-009 and 326-17-030: a) Negative Declaration b) Tentative Map to subdivide a 2A-acre property into five parcels, with parcel sizes greater than 10,000 square feet, and an approximately 35,000 square foot parcel for creek dedication This item was taken up under postponements. 20. Accept the Annual Report for July 1, 2005 to June 30, 2006. City Manager David Knapp noted the importance of the Annual Report for historical purposes. The Council concurred to accept the report. ORDINANCES - None ST AFF REPORTS COUNCIL REPORTS Councilmember Sandoval noted that on Sunday, October 1, the public is invited to attend a Build It Green Home Tour, sponsored by Santa Clara County and the City of Cupertino. To sign up, visit the City of Cupertino website for a link, or go to http://www.builditgreen.org/tours/. August 15,2006 Cupertino City Council Page 10 ADJOURNMENT At II :51 p.m., the Council meeting was adjourned to Tuesday. September 5 from 5-9 p.m. for Cupertino Conversations with Council members, a community dialogue examining current issues in our community. The community dialogue will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, and the regular Council meeting will convene immediately following. ~yt-1iJ- 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.cupertino.org.Click on Agendas & Minutes/ City Council! 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.