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CC 09-19-06 CU PEIQ"INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, September 19,2006 ROLL CALL At 6:02 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 Orrin Mahoney and Dolly Sandoval. Absent: Council Member Patrick Kwok. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Darlene Lutz vs. City of Cuoertino. (No documentation in packet). At 6:02 p.m. Council recessed to a closed session to discuss this litigation. Council was in recess from 6:14 to 6:45 p.m., and then reconvened in open session. The City Attorney announced that settlement authority was granted to the attorney along the lines discussed in closed session 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 Orrin Mahoney and Dolly Sandoval. Absent: Council member Patrick Kwok. CEREMONIAL MATTERS - PRESENTATIONS Mayor Lowenthal announced an additional ceremonial item not previously shown on the agenda. A. He presented a proclamation recognizing the outstanding service and conduct of Matthew Axelson on the occasion of his posthumously receiving the Navy Cross, the service's second highest medal. September 19, 2006 Cupertino City Council Page 2 Donna Axelson received the proclamation in honor of her son, and talked about the Veteran's Memorial sculpture to be placed in Memorial Park, which will be a place to remember all veterans. Former Mayor Sandra James explained that the memorial is being designed and funded by Matthew Axelson's family. A recent golf tournament already raised some money and the Korean community is also raising funds for the second figure in the sculpture. Installation is planned for 2007. James said that donation information is available at www.cuoertinoveteransmemorial.org. 2. Presentation on the Disaster Preoaredness Council. (No documentation in packet). Emergency Preparedness Coordinator Marsha Hovey explained that the group is currently chaired by Council member Dolly Sandoval. The purpose is to improve communication and coordination among city representatives, public, private, non- profit and volunteer organizations. She said that although some volunteer services, such as amateur radio, have active participation, there is still a need for businesses, service clubs, and other non-profits to get involved, especially those who care for people with special physical or mental needs. Hovey invited every community member to take the 3-hour personal emergency preparedness class which is offered free of charge once a month. There is also a more comprehensive I8-hour course class available. She said there is a key vulnerability in the medical field, and asked the entire community to encourage everyone they know with medical training to pre- register as a volunteer. Fari Aberg, member of the Public Safety Commission, handed out a flyer on the next Cupertino Safety Fair. This is a free event on October 7 from 10:00 to 3:00 in the Cupertino City Hall Plaza. 3. Presentation on webcasting. (No documentation in packet). Public Information Officer Rick Kitson demonstrated how to use the City's webcasting services, which include meetings of the City Council, Planning Commission, and Parks and Recreation meetings, as well as other community events. He showed how the public can view the meeting and supporting documents, so that every viewer is essentially looking over the shoulder of the Council members and has access to all of the same documents they see at the Council meeting, as well as to the archives of the City's public records. He said that the City is continuing to add other features to the webcast, and the community can now subscribe to the meeings via RSS and podcasts; the Cupertino meetings are available in iTunes. September 19,2006 Cupertino City Council Page 3 Kitson announced that the City Channel just won two awards from the National Association of Telecommunications Officers against very prestigious competitors. One was an Honorable Mention (4th place) for coverage of City Council meetings. The other winners were Denver, Rockville Maryland, and Los Angeles. The second award was a tie for third place with Seattle regarding election coverage. The other winners were San Francisco, Denver, and Seattle. POSTPONEMENTS · Item number 10, Union Pacific Railroad telecommunication facility appeal, appellant asked for a continuance to October 17. Item number ll, appeal of application at 21761 Granada Avenue, appellant dropped the appeal. Item 10 was continued and item II was tabled. WRITTEN COMMUNICATIONS The City Clerk announced that the following items were submitted at the beginning of the meeting: . A revised copy of Planning Commission draft Resolution No. 6406 (item No. 12) . A revised copy of the draft Tank House agreement (item No. 14) . A revised copy of draft City Council Resolution No. 06-158 (item No. 16) ORAL COMMUNICATIONS Resident Bob Stoya complained about abandoned shopping carts in the Beardon Drive area and throughout the community. He suggested that the City representatives contact the stores to see if they would be willing to retrofit the carts with devices so the carts can't be removed from the store property. Mayor Lowenthal asked Acting City Manager Carol Atwood to report back on the matter. CONSENT CALENDAR Sandoval/Wang moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Absent: Kwok. 4. Approve the minutes from the August 15 and September 5 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for September I, Resolution Nos. 06-154. 6. Adopt a resolution accepting Payroll for September 8, Resolution No. 06-155. September 19, 2006 Cupertino City Council Page 4 7. Accept an application for an Alcoholic Beverage License for Merlion Marketolace. Inc., 19628 Stevens Creek Boulevard (Marketplace). 8. Adopt are resolution approving the destruction of records from the Human Resources, City Clerk, and Public Works departments, Resolution No. 06-156. 9. Adopt a resolution fixing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for public works maintenance employees represented by Operating Engineers. Local Union No.3, Resolution No. 06-l57. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None. PUBLIC HEARINGS 10. Consider an aopeal of the Planning Commission's decision to deny a Use Permit and Hcight Exception for a telecommunication facility consisting of a 65-foot monopole (treepole) and ground equipment, Application Nos. U-2006-05, EXC-2006-03, Jim Mattison (Union Pacific Railroad), McClellan Road & railroad tracks, APN 362-01-025. The appellant is Jim Mattison. (The appellant requests a continuation of this item to October 17). Mahoney/Wang moved and seconded to continue the item to October 17, as requested. The motion carried unanimously with Council member Kwok absent. 11. Consider an appeal of the Planning Commission's decision to approve a Use Permit for a new 1,180 square foot commercial/office building and three residential units (5,010 square feet), and Architectural and Site Approval for a new 1,180 square foot commercial/office building and three residential units (5,010 square feet), Application Nos. U-2006-08 & ASA-2006-11, Terry Brown (Ghazvini), 2176l Granada Avenue, APN Nos. 357-17-055 & 357-l7-056. The appellant is Council member Kris Wang. (The appellant has dropped the appeal). The Council members concurred to table this item. UNFINISHED BUSINESS NEW BUSINESS 12. Consider Application Nos. TM-2006-07 and EA-2006-08, Scott Kelly (Kelly Gordon Develooment), 10114 Crescent Court, Charles Varian and Nancy Fedders (Charles Varian Trust), APN Nos. 326-17-009 and 326-17-030. (Continued from August 15): a) Negative Declaration September 19, 2006 Cupertino City Council Page 5 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 The City Clerk distributed a revised copy of Planning Commission Resolution No. 6406, correcting Condition 13, which had made reference to a tree that is not being retained. Applicant Scott Kelly asked permission to relocate tree No.8, replace tree No.7, and remove and replace tree No. 26. He handed out color photos of tree 7 and 26 along with a letter dated September 19, 2006, which gave a chronology of the meetings before the Planning Commission and listing the City arborist's comments. He explained why he thought the City arborist's comments on those three trees were in error. Resident Jennifer Griffin expressed concern about the access road to the property, which she felt was insufficient for a development of this size, and suggested that the road be widened or the development be reduced in size. Mayor Lowenthal felt that tree No. 8 should be moved to a better location on the lot, because it may be better for the tree in the long run, and also allow for an improved floor plan for the house. The Council members concurred that the road should be left as a private road. Mahoney/Sandoval moved and seconded to adopt a Negatiye Declaration. The motion carried unanimously, with Council member Kwok absent. Mahoney/Sandoval moved and seconded to approve Tentative Map TM-2006-07 in accordance with Planning Commission Resolution No. 6406, with direction to retain tree No. 8 in place and to replace tree Nos. 7 and 26 with 48-inch box trees. The motion carried 3-1, with Mayor Lowenthal voting no and Council member Kwok absent. Sandoval/Wang moved and seconded to direct staff to remove the fence in Varian Park. The motion carried unanimously, with Council member Kwok absent. 13. Consider Application No. M-2006-03, Curtis Leigh (Cuoertino Town Center), Southeast corner of De Anza Blvd. and Town Center Lane, APN No. 369-40-043: Planning Commission referral to the City Council for Modification of a Use Permit (U-2002-06) for 19,135 square feet of retail/restaurant space to clarify that general commercial uses are allowed. Deke Hunter, representing the applicant, said this application was to receive clarification of the master approval document. He said that he was satisfied with the compromise suggested by staff. He explained that when the project was developed, they were working to achieve consensus with the neighborhoods for a mixed-use project and didn't give a lot of attention to the designation of retail and restaurants until recently, when it was discovered that such a category was not in the zoning ordinance. September 19,2006 Cupertino City Council Page 6 Mahoney/Sandoval moved and seconded to approve application No. M-2006-03 to modify the use permit U-2002-06 to clarify that general commercial uses are allowed. The motion carried unanimously, with Council member K wok absent. 14. Authorize the City Manager to sign an agreement to dedicate land and restore the Nathan Hall Tank house near Blackberry Farm Golf Course. The City Clerk distributed a revised copy of the draft Tank House agreement. Resident Terry Brown agreed, on behalf of the homeowners association, to move the tank house from its original property because he thought it would be an asset to the organization. The other homeowners did not share his affinity for the building, and it became a burden and fell into disrepair. He said he had maintained it for 2 or 3 years after he was obligated to do so and still felt it could be an asset to the community. He offered to find volunteer contractors, and said that his son Randy, with Los Gatos Roofing, has already agreed to put on a new roof. Mr. Brown said he also had a commitment from a general contractor to provide some other labor. Jennifer Griffin supported the refurbishment of the tank house and suggested it be used as an interpretive center. She said that it is an irreplaceable piece of Cupertino history. The City Attorney suggested that if the Council chooses to enter into the agreement, it should not transfer responsibility to the City until the volunteer repair work had been completed. Acting City Manager Carol Atwood suggested the matter be brought back at a mid-year budget review. Resident Terry Hertel said when he purchased his home on Byrne Avenue, that he did not have a vote on whether to accept the tank house, and has since put in thousands of dollars worth of repairs and maintenance. He said the kids and transients have since broken windows, left trash and human waste, and additional damage to the wallboard was caused by a beekeeper when bees were removed. Terry Brown asked if his son could be given access to the property in order to inspect the roof. Terry Hertel agreed that would be acceptable. WanglSandoval moved and seconded to continue this item to the first meeting in December, and instructed staff to do further planning and research, and bring back options for Council consideration. The motion carried unanimously, with Patrick K wok absent. RECESS Council was in recess from 9:35 p.m. until 9:45 p.m. September 19, 2006 Cupertino City Council Page 7 15. Conduct the first 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 ~." The City Clerk read the title of the ordinance. SandovallWang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Absent: Kwok. 16. Consider adopting a resolution implementing the General Plan Policy 2-42: Revenue Analvsis of Office Develooments, Resolution No. 06-158. The City Clerk distributed a revised copy of draft Resolution No. 06-158. Administrative Services Director Carol Atwood said that the draft resolution would set the conversion rate related to General Plan Policy 2-42. This would ensure that commercial or vacant land would generate revenue for the City, as well as requiring developers to provide a revenue stream via retail uses, and also to implement an in-lieu fee if a zone was changed from retail to office uses. The City Council concurred that the fiscal strategic plan team should be reassembled to work with staff and develop an implementation plan to flesh out the General Plan Policy. Council members Wang and Mahoney will work with staff and report back to the Council at a later date. 17. Consider the process for evaluating the City Attornev position. (Documentation was provided to Council on August 31, 2006). Council members discussed how to create an evaluation process. City Attorney Charles Kilian suggested that the Council hire an independent firm to review the City's legal services needs and to prepare an evaluation form based upon those needs. The City Council concurred to direct the evaluation committee members to meet with the City Manager about obtaining some professional advice on the evaluation process. ORDINANCES - None STAFF REPORTS 18. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood summarized the status report on General Fund Revenue and Expenditures. She said that Cupertino is $2 million dollars over in sales tax revenue mostly due to Apple and HP. Retail sales are flat or in decline and it is hoped that when the Vallco Theaters open that will boost sales in the mall. She said that permits are also over in revenue, and the Community Development department is in the September 19, 2006 Cupertino City Council Page 8 process of revising its fee schedule. She noted that City departments have saved money in their budgets and she expected a total savings of $1-$2 million. The CIP reserve can be funded in total and the Economic Uncertainty Reserve will have excess monies. She commented that additional revenue sources are being pursued in the Fiscal Strategic Plan. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:35 p.m., the meeting was adjourned in memory of Cupertino resident Matthew Axelson. ,~n~ J-t,,-C; ~i1 Kimberly Smit~ty 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.