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CC 10-17-06 .~ CITY OF CUPEJUINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned' Meeting Tuesday, October 17, 2006 ROLL CALL At 6:00 p.m. Mayor Richard Lowenthal called the meeting to order in City Hall Conference Room A, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang (6:05), and Council members Patrick Kwok, Orrin Mahoney (6:05), and Dolly Sandoval. Absent: none. INTERVIEWS 1. Conduct interviews for a Community Development Block Grant (CDBG) Committee vacancy. The City Council interviewed Catherine Thaler for the CDBG Committee and voted unanimously to appoint her to a partial term ending January 2010. RECESS The City Council was in recess from 6:20 to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 T orre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENT A TIONS 2. Presentation of a plaque to the City of Cupertino from the Department of Homeland Security regarding Cupertino's National Flood Insurance Program Community Rating System. (No documentation in packet). October 17,2006 Cupertino City Council Page 2 City Manager David Knapp presented a plaque to the City Council that commemorated the work which resulted in a 10% decrease in flood insurance costs for Cupertino residents. The City Council acknowledged Ms. Nina Daruwalla for her volunteer work on this project which resulted in the cost decrease. 3. Presentation of a proclamation to the Bicycle Pedestrian Commission for its effort in organizing the Monta Vista Walk and Bike to School Day. (No documentation in packet). Mayor Richard Lowenthal presented the proclamation to the Bicycle Pedestrian Commission. May Koski, the current chairperson, accepted the proclamation on the commission's behalf, and said she would also be distributing certificates thanking the many volunteers who had participated on the project. POSTPONEMENTS Because there were requests to remove both items 10 and 11 from the agenda, Mayor Lowenthal re-ordered the agenda to take up the public hearing section next. PUBLIC HEARINGS 10. Consider an appeal of the Planning Commission's decision to deny a Use Permit and Height Exception for a telecommunication facility consisting of a 65-foot monopole (tree pole) 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. (Continued from September 19). The City Clerk distributed a letter from AA T Communications Corporation stating that they withdrew their appeal of this item. Shing-Schwang Yao thanked the City Council for making the community a better place to live. He said he had objected to this proposal because of their location in an area that is used as public recreation area, and because cell towers are the least-preferred new structure in residential areas. He wondered if the wireless signal would have had a negative affect on the local bat population, which helped to control mosquitoes. K wok/Sandoval moved and seconded to remove this item from the agenda. The motion carried unanimously. 11. Consider Application No. MCA-2006-03, City of Cupertino, APN: 357-10-007. This amendment would create a new conditional use in this zoning district, which would allow the Blue Pheasant to operate until midnight, subject to a conditional use permit. (The owner for the Blue Pheasant has withdrawn his request). Martin Bishop said that handicapped accessibility at the restaurant was inadequate, and the porch lift should be replaced with a ramp. October 17, 2006 Cupertino City Council Page 3 Marjan Kashvad asked for clarification of the request for postponement. Mayor Lowenthal explained that this application had been withdrawn and cannot come back unless a new application is filed. Mahoney/Sandoval moved and seconded to remove this item from the agenda. The motion carried unanimously. WRITTEN COMMUNICATIONS The City Clerk distributed the following written communications: . Item 10, a letter from AA T Communications Corporation withdrawing their appeal of U- 2006-03. . Item 15, a from the principals of Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School encouraging alternate pedestrian and bicycle routes. Also, a letter from Stewart Kelly who was opposed to reopening the gate from Scenic Circle to Blackberry Farm. . Item 16, a draft resolution denying the petition for reconsideration and a letter from petitioner Jane Wu requesting continuance of this item to the November Council meeting. ORAL COMMUNICATIONS John Kolski thanked Public Works Director Ralph Qualls for making and installing a new plaque in the Redwood grove that honors the founding fathers of Cupertino. He presented a check for the funds donated by Cupertino citizens to pay for the plaque. He also thanked the Public Works staff for their work in making the recent Cupertino Jubilee the very best project it could be. Bob Power, Executive Director of the Santa Clara County Audubon Society, invited everyone to the15th Annual Wildlife Education Day. It will be held at McClellan Ranch Park and will include over 25 participating organizations educating over 500 attendees about native California wildlife and habitats. Martin Bishop asked for City Council endorsement of his request for a computer from Apple Computer. He described the work he had done to negotiate a cable franchise agreement for disabled and/or very-low-income residents, and also mentioned the student housing project he was working on with Council member Sandoval. CONSENT CALENDAR Wang/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 4. Approve the minutes from the October 3 City Council meeting. October 17, 2006 Cupertino City Council Page 4 5. Adopt resolutions accepting Accounts Payable for September 22, 29, and October 6, Resolution Nos. 06-168 to 06-170. 6. Adopt a resolution accepting Payroll for October 6, Resolution No. 06-171. 7. Accept the Treasurer's Budget report for August 2006. 8. Accept an application for an Alcoholic Beverage License for Royal Tofu House, 21271 Stevens Creek Blvd. (Oaks Shopping Center). 9. Adopt a resolution authorizing the Director of Public Works to negotiate and execute a Cost-Sharing Agreement between the Cities of San Jose and Cupertino for additional Cupertino traffic system improvements to be constructed as part of the Silicon Valley Intelligent Transportation Systems West Corridor Proiect, Resolution No. 06-172. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None UNFINISHED BUSINESS - None NEW BUSINESS 12. Conduct a hearing and adopt a resolution to approve the recovery of costs of abatement of a public nuisance at 10200 Stern Avenue (overgrown wee4s, scrap material including old carpet and trash, in view of the public right of way), APN 375-12-002, Patrick W. McGrath property owner, Resolution No. 06-173. Mayor Lowenthal opened the public hearing at 7:29 p.m. There were no speakers and the public hearing was closed. Sandoval/Wang moved and seconded to adopt Resolution No. 06-173 to approve the recovery of costs for this public nuisance abatement through a lien assessment. The motion carried unanimously. 13. Review the bids and award the contract for Reconstruction of Curbs. Gutters and Sidewalks. Proiect No. 2006-03, to JJR Construction, Inc., in the amount of$412,125.00, and approve a contingent amount of up to $ 72,875.00 for additional work that may be identified and approved by the Director of Public Works, for a total of $485,000.00. K wok/Mahoney moved and seconded to award the contract to JJR Construction, Inc. The motion carried unanimously. 14. Consider the Stevens Creek Corridor Proiect - Phase I: a) Base scope and schedule, implications of alternative project scheduling, and options October 17, 2006 Cupertino City Council Page 5 b) Project budget for Phase I - 2009 completion in the amount of up to $11,198.00 million, including a budget augmentation of $6.0 million over fiscal years 07-08 and 08-09 c) Establish a fiscal year 08-09 project contingency reserve of $1.0 million d) Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No.2 to the agreement with HNTB Corporation, not to exceed $925,000 for completion of architectural design, civil design, project management, and construction related management services for the bid, award and construction of Phase I of the Stevens Creek Corridor Park Project, and extend the term of the agreement from December 31, 2006 to December 31, 2010, and provide an amount not to exceed $100,000 for additional services which may be approved as necessary by the Director of Public Works for a total amount of $1,575.00, Resolution No. 06-174 Parks and Recreation Director Therese Smith and Public Works Director Ralph Qualls presented a project history and background; discussed the project scope of Phase I; reviewed the budget and cost estimates as well as funding sources; outlined the project schedule; reviewed alternatives, and reviewed the staff recommendations, with emphasis on Alternative 3 in the staff report. Administrative Services Director Carol explained a chart titled Fund Balance Trends which represented a revised 5-year projection of General Fund revenues. Jeanne Bradford said she had been a member of the Stevens Creek Park task force, and is currently a Parks and Recreation Commissioner and Cupertino resident. She spoke in support of Alternative 3 as recommended by staff. Jack Goodman said the City's General Plan states this area should retain some form of revenue generating potential, but it has been losing money for 5 years. He said that the current plan does not transition the property to permanent open space for Cupertino residents, which was the original intent behind its purchase, nor does it increase the park acreage. Rhoda Fry objected to the removal of so many trees, about half of which are native species, and said that the location of the proposed golf maintenance shed puts hazardous materials in proximity to residents and city employees. She discussed the financial history of the Blackberry Farm, the Sports Center and the library, and said they all cost much more than their original estimates; for this reason it is important to know the Phase II costs before starting phase I. Joyce Eden asked that the city not allow a bike path in the park, because it will degrade the natural corridor and will eventually end up paved despite the city's original intentions. She asked that they reconsider including the commercial uses in the park, which result in trash and damage to the creek. October 17,2006 Cupertino City Council Page 6 Robert Hirt said he was a Cupertino resident and President of the Santa Clara Valley Audubon Society. He invited the community to McClellan Ranch Park for the Wildlife Education day on Saturday. He said they supported the creek relocation to benefit the fish, but asked Council to minimize tree removal, since many of the non-native trees are habitats for a variety of birds, including the Western Screech Owl. Pat Showalter, senior project manager with Santa Clara Valley Water District working with the city, said this reach of stream is very valuable as a steelhead trout habitat, an endangered species in the county. Jennifer Griffin asked why money is not being spent to create parks in north or east Cupertino. She was concerned about promoting the breakup of the Vallco shopping center from a shopping district into a piecemeal project that would support parks at the other end of town. She also questioned whether it was wise to annex the Hanson Permanente quarry because of the associated environmental problems. Gail Bower showed a slide of the impartial analysis of Measure T which stated that Blackberry Farm was to be purchased and preserved as open space, and noted that it delineated between the Fremont Older school site which was designated for public recreation. She said that the picnic grounds planned for the Stevens Creek Corridor Park are a major public recreation activity and not open space, and she was opposed to the picnic facility and tree removal. Alex Tsai said he had been a resident in the park for 15 years, and felt that the environmental and neighborhood issues had not yet been fully addressed. He said the park should be preserved for nature and a trail only, and the current plan to open a driveway around his house year-round is a violation of the deed, as is the fencing around the pool area Barbara Banfield said she had been employed as a naturalist at the City of Cupertino's McClellan Ranch for 20 years. She said that although she loves the trees that are there now, the area is impoverished because there is no understory, which is a valuable habitat for birds, and the deadwood has been removed, which supports the insects on which the birds feed. She suggested that when the trees are removed, their large trunks should be left on the property, and said that the new trees are necessary to replace the sycamores and oaks that are naturally declining. Kwok/Sandoval moved and seconded to approve Resolution No. 06-174 as recommended by staff, selecting Alternative No.3 with a completion date of April 2008 for the basic Phase I project. Mahoney offered a friendly a,mendment to change the word "budget" to "scope". The amendment was accepted and the motion carried unanimously. 15. Request from the Bicycle Pedestrian Commission to encourage the reopening of the Scenic Circle gate, the preservation of the existing Blackberry Farm Bridge over Stevens Creek, and propose the formation of a neighborhood Task Force to consider use- related conditions for this bicycle and pedestrian corridor. (No documentation in packet). October 17,2006 Cupertino City Council Page 7 The City Clerk distributed a letter dated October 16, signed by the principals of Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School regarding alternate pedestrian and bicycle routes. She also distributed a letter from Stewart Kelly, a resident opposed to reopening the gate from Scenic Circle to Blackberry Farm. Bicycle Pedestrian Co~missioner Joe Walton, representing the Cupertino Bicycle Pedestrian Commission, asked the City Council to commission a task force to attempt to reach consensus about a number of issues, and specifically to find a west-side access through the park to accommodate cyclists and pedestrians. He explained that many of the people who signed the original petition asking for the gate closure have changed their mind, because they only wanted to prohibit parking in the area, not to have the park access closed. He suggested the task force be made up of 10 or 12 volunteers from the neighborhood who will work with the public works staff and a facilitator. Paul Orleas said that as part of his employment, he was licensed to a first responder operational level, so in case of emergencies he would be one of the first on the scene. He said that an access point at Scenic circle was necessary to provide access for emergency vehicles and responders, for the safety of both residents and responders. Linda Orvick said she was in support of the proposed task force as well as reopening the gate to Scenic Boulevard, and talked about the need to create safe routes for pedestrians and cyclists. Theresa Dickerson was in favor of the task force and she talked about the number of accidents involving children crossing McClellan and how critical it was to create a safe access. Denise Montijo said her son was one of the children in an accident in that area. She said that there is not sufficient room for a bicycle and car to share the road there. She supported creation of the task force. Rhoda Fry talked about the future impacts on the park, which at this time can not be known, but if this gate is reopened she wondered what additional mitigation measure will be taken. She said that many of the roads around the park are substandard and the safety issues have not been studied. Leslie Fowler was in support of the task force and reopening the pedestrian and bicycle access at Scenic Boulevard. She was also in favor of creek restoration but felt the development of recreation facilities should be done at some other site. Norm Donovan was in favor of the task force and reopening the gate. Max Bokelman was opposed to the opening gate, and said the idea for a task force has been tried before in 2000. He said when the gate was open there was little use by children, but teenagers used it as a party location. Bokelman said there had been a number of arrests across from his home, some of which occurred in the day time, and reopening the gate would again expose the neighborhood to those same kinds of October 17, 2006 Cupertino City Council Page 8 disturbances. He explained which schools were attended by students from that neighborhood, and said that McClellan Road is not a safe route to school. Ari Strod said the solution is to improve the condition of McClellan Road, not to reopen the gate, and mentioned that his property had also been vandalized. He did not oppose the formation of the task force. Steve Moody said this is rehashing the issue and may result in additional costs, and said that this neighborhood should not be looked to as the first solution. He said that if the task force is formed, it should review ways to improve McClellan Road. Larry Loo agreed that this was a rehashing of a previous discussion, and he was opposed to forming a commission to look at it again. Bob Hoxsie in was in favor of the task force and reopening the gate to pedestrians and cyclists. Jennifer Griffin suggested that the task force also explore the possibility of school buses. Art Rodrigues said he was in support of the task force. Carol Stanek said that since there is new information from the neighbors who had originally petitioned to have the access closed, it is appropriate to review the situation. She said it needs to be determined what kind of access would be safe on Scenic Circle, if any. I. Yuen said that "safe route to school" is simply a slogan, and not a sensible implementation in the Scenic Circle neighborhood, and instead the focus should be on improving safety around the schools and on McClellan Avenue. The Council members agreed that they were willing to have a task force look into this issue as long as it addresses the larger issues of safety around the tri-school area and not just reopening access to the park. Staff was directed to prepare a recommendation for the composition of the task force and how it would function, with emphasis on identifying a safe access to school for pedestrians and cyclists. 16. Consider a petition for reconsideration of the City Council's decision to approve Application Nos. U-2006-06, ASA-2006-06, TR-2006-09, & EA-2006-09; Cliff Chang (Chang Architecture), 10495 N. De Anza Blvd., APN No. 326-33-110 (former Any Mountain building): a) 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 b) Tree Removal and replanting for a proposed 60,000 square foot office building and parking structure October 17, 2006 Cupertino City Council Page 9 The City Clerk distributed a draft copy of Resolution No. 06-175 denying the petition for reconsideration. She also distributed a letter from Mrs. Jane Wu, who had filed the petition for consideration, requesting a continuance to a later meeting. Mrs. Wu of the Mariani Business Center asked for a continuance. She explained that her husband was away on a trip to China, and it was important that he be present for this discussion. She said that she had tried to meet with Peter Pau of Sandhill Properties but had not been able to accomplish that yet. In response to a question by Mayor Lowenthal, she acknowledged that she had attended the Design Review Committee and had agreed to the decision regarding the garage design, but she said she now had a new idea. Peter Pau, Sandhill Properties, said that this appeal had no merit, and that his company had been meeting and talking with the appellants throughout the process. He said that he had an in-depth conversation with Mrs. Wu and her interest was not concerns about parking or design but only compensation. Mahoney moved and K wok seconded not to continue this matter to another date. Mrs. Wu said that she had changed her mind about the project and no longer felt the design was acceptable, and she needed her family present to help present her case. Jennifer Griffin felt that the continuance should be allowed, because Mrs. Wu may need translation assistance from her son. The motion to deny the continuance carried unanimously. The City Council next heard the staff report regarding Mrs. Wu's Petition for Reconsideration. Council member Kwok said he wished to clarify comments by Mrs. Wu that indicated he and Council member Wang had told her she should continue negotiations. K wok said that he did not ask her to negotiate, but rather told her since she and Sandhill Properties are neighbors they should work together to make a win-win project. Council member Wang confirmed that she was present during the conversation but did not make any comments at that time. Mrs. Wu said her issue was not about negotiation, but about traffic, and she felt the Mariani traffic safety should be improved before construction begins. Sandoval moved and Mahoney seconded to adopt Resolution 06-175 denying the Petition for Reconsideration. Mahoney noted that in the Petition for Reconsideration there was no mention of traffic, but tonight that is Mrs. Wu's issue, so there are no grounds for reconsideration. October 17,2006 Cupertino City Council Page 10 Lowenthal moved and Sandoval seconded to defer the remaining items on the agenda to the already-scheduled regular adjourned meeting of Wednesday, October 18. The motion carried unanimously. 17. Receive a report on commissions and committees with terms expiring January 31, 2007, and select an application deadline date of January 10 and interview dates of January 22 and 23, 2007. This item will be heard on October 18. ORDINANCES - None STAFF REPORTS 18. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). This item will be heard on October 18. COUNCIL REPORTS - None ADJOURNMENT At 12:08 a.m. the meeting was adjourned to Wednesday. October 18 at 5:30 p.m. for a field trip to view the Macy's parking garage at the Vallco shopping center. The field trip will be followed by a Council meeting in the Community Hall at 6:45 p.m. / , ,1 (" ,>1 '4/W(./IJ-e~ Kimberly Smith, 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. \