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CC 10-03-06 CUPEItTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, October 3, 2006 ROLL CALL At 6:00 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval (6:05). Absent: none. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), Rhoda Frv v. City of Cupertino regarding the Mitigated Negative Declaration for the Stevens Creek Corridor Park Project. City Council was in closed session from 6:03 p.m. to 6:40 p.m. City Attorney Charles Kilian announced that the City Council's decision would be the subject of action to be taken tonight on item 15. PLEDGE OF ALLEGIANCE - 6:45 p.m. 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 2. Presentation of a check to Donna Axelson from the Korean community for the Cupertino Veterans Memorial. October 3,2006 Cupertino City Council Page 2 Representatives of the Korean community presented a $25,000 check for the Veteran's Memorial Sculpture which will be placed in Cupertino's Memorial Park. The sculpture will be of two friends who were killed in military service: a Korean-American soldier James Suh and Cupertino resident Matthew Axelson. The check was presented to Sandra James, CEO of the Cupertino Veterans' Memorial Association. Sandra James thanked the Korean community for their generous contribution and ongoing participation in this important project. She noted that that there will also be a Wall of Honor included in this Veterans Memorial commemorating all those who have given their lives for their country and also commemorating all those who have served and are currently serving in the military. Donna Axelson noted that she became involved in this project when her son Matthew was killed in service. He had become friends with James Suh and it was a fitting tribute to the both of them as well as all to other servicemen and an important Memorial to have in the community. Claudia Suh, James Sub's sister, thanked Council for their support of this project. She said it was particularly important for their family, especially her father, as a way of paying tribute to James. Mayor Lowenthal presented a proclamation to the Korean Daily Times and the members of the Korean community thanking them for their generous support of the Cupertino's Veterans Memorial. Michael Kang, President of the Korea Times San Francisco, thanked the Council for the proclamation and stated that it was an honor to be a part of such an important project. 3. Preparing for the possibility of pandemic flu - presentation by Dr. Fenstersheib, County Health Officer. Dr. Fenstersheib, County Health Officer, reported on issues related to the possibility of a pandemic flu. Dr. fenstersheib stated that because of the potentially huge number of people who would become ill in a pandemic, it was important to educate the community on how to deal with such a crisis and cities must plan for continuation of services with a potentially drastically reduced work force. He said that a pocket guide for the public had been prepared by County Health. The information line was 408-885-3980 and the website was www.sccphd.org. 4. Presentation regarding the on-line elections page. City Clerk Kimberly Smith demonstrated how to access elections information on the city's website at www.cuoertino.org by clicking the link titled "2006 Elections October 3, 2006 Cupertino City Council Page 3 Information." It includes information about the referenda measures, the elections process, and information for voters and candidates. POSTPONEMENTS - None WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Martin Bishop noted that he was still representing District 5 on issues related to the disabled and he wanted to give an update to the Council. He was working on various VT A (Valley Transportation Authority) matters and he had been working with Councilmember Sandoval on possible student housing for DeAnza College. Fari Aberg noted that on October 7 at the City Center Plaza the Cupertino Safety Fair would be held from 9:00 a.m. to 3:00 p.m. Educational and fun activities were planned for children and adults and she invited all to attend. Leslie Burnell commented that his street, Holly Oak & Cranberry, had been in serious disrepair for over three years and he had been unable to get any resolution to the problem. Council directed staff to discuss this matter with Mr. Burnell. Craig Slama invited all to attend the Cupertino Tournament of Bands on October 14th and thanked Council for all of their support. CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.8, which was pulled for discussion. Ayes: Kwok (abstained on item 5), Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 5. Approve the minutes from the September 19 City Council meeting. (Patrick Kwok abstained from voting on the minutes approval because he had not been at the meeting of September 19.) 6. Adopt resolutions accepting Accounts Payable for September 8 and 15, Resolution Nos. 06-159 and 06-160. 7. Adopt a resolution accepting Payroll for September 22, Resolution No. 06-161. 9. Adopt a resolution approving an improvement agreement, Calvin Ng and Hong- Him Lim, 21820 Lomita Avenue, APN 367-15-008, Resolution No. 06-162. Through the improvement agreement with the City, these applicants for a single- family dwelling building permit will be obligated to bond and construct City- October 3,2006 Cupertino City Council Page 4 specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 10. Adopt a resolution approving a grant of easement for roadway purposes, Calvin Ng and Hong-Him Lim, 21820 Lomita Avenue, APN 367-15-008, Resolution No. 06-163. The owners grant the City of Cupertino, for public roadway purposes, the right of way to construct, repair, operate, and maintain any and. all public utilities and improvements that shall be or become necessary. 11. Adopt resolutions approving a final map: a) Stevens Canyon Villas, Tract No. 9784, Stevens Canyon Road, Resolution No. 06-164 b) Catalano Court, Tract No. 9656, 11081 South Stelling, Resolution No. 06- 165 Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 12. Adopt a resolution declaring intention to sell surplus real property, Resolution No. 06-166. City-owned properties located on San Juan Road in Cupertino and Ontario Drive in SunnyVale declared surplus and an auction scheduled for Dec. 5, 2006 for the properties to be sold. 13. Approve a fee waiver request from the League of Women Voters of Cupertino- Sunnyvale for approximately $28.00 in facility use fees for the Fremont Union High School District Candidates Forum on October 25, 2006. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. Authorize the City Manager to execute Amendment No.1 to the Stevens Creek Corridor Restoration Partnership Agreement between the City and the Santa Clara Valley Water District to accept additional funding, approved by the District Board, for services in preparation of the Initial Study. Administrative Services Director Carol Atwood explained that the Santa Clara Valley Water District was increasing their share for this project by $19,966 at no cost to the city. She further noted that a full budgetary accounting for this project would be coming to Council at the next meeting. October 3,2006 Cupertino City Council Page 5 Wang/Kwok moved and seconded to authorize the execution of this amendment. The motion carried unanimously. Roberta Holliman, League of Women Voters, explained that item No. 13 on the Consent Calendar was a request for a fee waiver for the October 25 Candidates Forum for the candidates for the High School Board and for the second seat on the County Board of Education. PUBLIC HEARINGS 14. Consider adopting a resolution making determinations and approving the reorganization for territory designated as "Cupertino Pockets 06-01", Resolution No. 06-167. Community Development Director Steve Piasecki reported that this area included 18 parcels, 15 single family homes, and about 40 residents. The scattered parcels were bounded by Stevens Creek Boulevard, Stelling Road, southern city limits and Stevens Canyon Road. Bringing such pockets into the City was fundamentally good government as such pockets created unnecessary expenses for all agencies involyed, and such annexations provided improved services to the residents involved. Mayor Lowenthal opened the public hearing at 7:54 p.m. There were no speakers and no additional protests submitted, and the hearing was closed at 7:55 p.m. Senior Planner Colin Jung reported that 5 protest letters had been received from affected persons representing 6 of the 37 registered voters and 6 of the 30 property owners representing $2,262,367.50 assessed land valuation. Mr. lung further noted that the current protest level was insufficient to require an election or termination of the anncxation proceedings if area was taken as a single annexation. Wang/Mahoney moved and seconded to adopt Resolution No. 06-167 making determinations and approving the reorganization for territory designatcd as "Cupertino Pockets 06-01". The motion carried unanimously. UNFINISHED BUSINESS 15. Stevens Creek Corridor Park Master Plan and Restoration Plan: a) Certify the addendum and mitigated negative declaration for the Stevens Creek Corridor Park Master Plan and Restoration Plan (SCCP) per CEQA Guideline 15164, CEQA analysis and proposed conclusions pertaining to the environmental effects of certain revisions to the SCCP October 3,2006 Cupertino City Council Page 6 b) Approve proposed revisions to the SCCP to further reduce traffic, noise, and related effects on nearby neighborhood, and the proposed acceptance of the terms of the litigation settlement Memorandum of Agreement, Fry v. City of Cupertino (City Council will receive information separate from packet) City Attorney Charles Kilian said that on page 15A-8 of the October 3 staff report, the third sentence in paragraph 3 on parking issues would be corrected to say that "during the 265-day off season, the city will reduce public parking in the Blackberry Farm parking lot to 31 parking spaces which, if needed, may be expanded to no more than a total of 100 spaces." He said that the city's consultant, Doug Aikens, would add this wording and give an amended addendum to the City Clerk. Kilian said that he had discussed the matter in closed session with the City Council and he thought it was a reasonable settlement. Once this issue was resolved, the case would be dismissed and the project could go forward. Marian Crowell said that she was the original owner of a house on Stelling. She was very concerned about the increased traffic on Stelling, and although it had been discussed with the Sheriff's Deputies, no improvements had been made. Council noted that this particular project would not impact Stelling traffic but they offered to have the Sheriff's Deputy meet with her to discuss this issue further. Kwok/Mahoney moved and seconded to certify the addendum and mitigated negative declaration, and to approve the revisions to the Stevens Creek Corridor Park Master Plan and Restoration Plan. The motion carried unanimously. NEW BUSINESS 16. Consider Application Nos. ASA-2006-19, M-2006-05 (EA-2006-17), Mike Rohde (Vallco Fashion Park), 10123 N. Wolfe Road, APN: 316-20-037: a) Mitigated Negative Declaration b) Architectural and Site Approval, and a Modification to a Use Permit (U- 2005-19) for the parking structure north of Macy' s to exceed the permitted 32-foot height limit and to allow parking on the fourth level Community Development Director Steve Piasecki said there was a request to allow the Val1co Fashion Park parking structure north of Macy's to exceed the permitted 32' height limit and to allow parking on the 4th level. The Council had previously expressed the intent of not approving additional height extensions, and on September 26 of this year the Planning Commission referred the item back to the Council for clarification and consideration as to which body should hear the item. October 3, 2006 Cupertino City Council Page 7 The City Attorney stated that the only to decide at this meeting was whether Council wanted input from the Planning Commission. The formal public hearing should be postponed to a date certain so proper legal notices may be sent out to the neighbors. Ed Puccinelli asked whether Council could consider a third option - that of denying the request from Vallco. Council advised that legally they were unable to pursue that option. The following individuals felt the matter should be discussed by the City Council and not the Planning Commission: Ruby Elbogen Jennifer Griffin Stuart Chessen recommended this matter be referred to the Planning Commission first, as there appeared to be new information. The following individuals stated that this matter had already been discussed and decided, and should not be reconsidered: Rajeev Joshi Howard Trudeau Shilpa Joshi Nelson D'Souza Dan Orloff, retained by Vallco Fashion Park, noted that developing this project was a very complicated process. He recommended that the City Council address the request rather than have it go back to the Planning Commission. Kwok/Sandoval moved and seconded that the City Council will hear this item directly on either October 17th or 18th, at a time certain, which is to be determined. The motion carried unanimously. Staff will provide notice of the final date and time, as soon as it was available, to anyone who provided their email address, as well as sending out a written notice to a 1,000 foot radius. 17. Consider taking a position on Proposition 1 C, the housing bond on the November 7 ballot. Councilmember Sandoval reported that the Silicon Valley Leadership Group and the Cities Association had asked the city to consider supporting Proposition 1 C. This proposition would approve $2.8 billion for housing in a bond measure. Almost half of this amount ($1.3 billion) would be utilized specifically for cities to apply for grant funding for community amendments if they approve particular October 3,2006 Cupertino City Council Page 8 housing types of development. Community amendments could be utilized to purchase park land, provide infrastructure and for other kinds of community benefits. Bena Chang, representing the Silicon Valley Leadership Group and the Housing Action Coalition, requested Council's support and noted that the cities of Milpitas, San Jose and Santa Clara had stated their support and Palo Alto was considering doing the same. Kathy Robinson noted that she was an affordable housing advocate and she recommended that Council support this proposition. Kwok moved and Sandoval seconded to support Proposition 1 C. The motion carried unanimously. 18. Reminders regarding upcoming Council meetings. a) Reminder that the first meeting in November will be Monday, November 6 due to the election on Tuesday b) Reminder that the new mayor will be selected on December 5 Council received the information, and no action was taken. 19. Consider canceling the following meetings. (No documentation in packet): a) Cancel the meeting of November 21 b) Cancel the meeting of December 19 c) Cancel the meeting of January 2 Mahoney/Kwok moved and seconded to cancel the meetings of November 21, December 19, and January 2, and to schedule a meeting on Monday, January 8 if one is needed. The motion carried unanimously. The City Clerk noted that City Hall would be closed from Monday, December 25 through Monday, January 1, and would reopen for business on Tuesday, January 2, 2007. ORDINANCES 20. Conduct the second reading of Ordinance No. 06-1987: "An Ordinance of the Cupertino City Council Amending Chapter 17 of the Cupertino Municipal Code Related to Regulations Affecting fuw." October 3, 2006 Cupertino City Council Page 9 Mahoney/Kwok moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Mahoney/Sandoval moved and seconded to enact Ordinance No. 06-1987. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ST AFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:25 p.m. the meeting was adjourned to Tuesday, October 17, 2006, at 6:00 p.m. to conduct interviews for the Community Development Block Grant Committee. Regular business will follow at 6:45 p.m. 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.cupeltino.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.cuoertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.