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05. Draft Minutes . CITY OF CUPERJINO DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, February 20,2007 ROLL CALL At 5:40 p.m., Mayor Kris Wang called the special meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Orrin Mahoney, and Dolly Sandoval. Absent: Richard Lowenthal. INTERVIEWS 1. Conduct interviews for the Parks and Recreation and Bicycle Pedestrian Commissions. The City Council concurred to not hold the interviews and directed staff to re-advertise the vacancies on the two commissions. Council also directed staff to invite those applicants who had already been interviewed and appointed to other commissions, and who had also expressed an interest in the Parks & Recreation or Bicycle Pedestrian Commission. The interviews will be held on March 20 beginning at 5:00 p.m. Council asked staff to continue keeping track of commissioner attendance and any meetings cancelled due to lack of quorum. 2. Appoint two additional members to the Technology, Information, and Communications Commission from interviews held on January22. The City Council reviewed the applications of those who were interviewed last month, and unanimously appointed Luke Lam to a term ending January 2011 and Peter Friedland to a term ending January 2011. RECESS - 6:20 p.m. - 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. 5-1 February 20,2007 Cupertino City Council Page 2 ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Orrin Mahoney, and Dolly Sandoval. Absent: Richard Lowenthal. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 3. Proclamation regarding the Cupertino Kung Fu Club. (No documentation in packet). Mayor Kris Wang presented the proclamation to the Kung Fu Club. 4. E-Services presentation regarding the Community Outreach program. (No documentation in packet). GIS Coordinator Nikki Nowak demonstrated the Community Outreach MapGuide application, which makes it possible for staff coordinators to view all of the Cupertino volunteers on the intranet for Block Leaders, Neighborhood Watch and Emergency Preparedness (CERT). She explained that this eliminates duplication because all of the coordinators have access to the same file. Some of the features of the application include maps, languages spoken, which neighborhoods lack certain types of volunteers, etc. She also noted that basic map information would be available for the public to view from the Cupertino website. POSTPONEMENTS Mahoney/Kwok moved and seconded to continue item Nos. 10 and 17 to March 6. The motion carried unanimously with Lowenthal absent. WRITTEN COMMUNICATIONS Two items were distributed: (1) An email from Don Bautista addressed to the City Council regarding item No. 13b, suggesting that the issue be closed and not re-considered in the future; and (2) A petition supporting upholding the appeal for item No. 11. ORAL COMMUNICATIONS Wendell Stephens from Cupertino Community Services (CCS) invited Council, staff, and the Cupertino community to a fundraiser at the Quinlan Community Center on March 3. He said that appetizers, donated by community restaurants, would be served at 6:00 p.m., and an art auction would begin at 7:00 p.m. Those interested in attending may RSVP to CCS up until the day of the event at 255-8033. Council member Dolly Sandoval noted that the Santa Clara Superior Court is seeking volunteers for the Civil Grand Jury for 2007-08. The application deadline is Monday, March 5. A link to 5"'-2 February 20,2007 Cupertino City Council Page 3 the Superior Court web site to obtain applications and receive further information can be found on the Cupertino website at www.cupertino.org. CONSENT CALENDAR Sandoval/K wok 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, Mahoney, Sandoval, and Wang. Noes: None. Absent: Richard Lowenthal. 5. Approve the minutes from the February 6 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for January 26, February 2, and February 9, Resolution Nos. 07-030 to 07-032. 7. Adopt a resolution accepting Payroll for Febn,lary 9, Resolution No. 07-033. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Accept the City's development impact fee report for the year ending June 30, 2006. Sandoval/Mahoney moved and seconded to continued this item to March 6. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Richard Lowenthal. PUBLIC HEARINGS 9. Consider approving a bingo permit renewal from De Anza Force Soccer. (Continued from February 6). The public hearing was opened at 7: 16 p.m. There were no speakers and the public hearing was closed at 7:18 p.m. Kwok/Mahoney moved and seconded to approve the bingo permit renewal for DeAnza Force Soccer. The motion carried unanimously with Lowenthal absent. 10. Consider an appeal of the Planning Commission's decision to modify the use permit for Peet's Coffee to allow an opening time of 5:30 a.m., Application No. M-2006-07, Laura Thomas (Peet's Coffee), 20807 Stevens Creek Blvd., APN 326-32-051. The appellant is Council member Richard Lowenthal. Under postponements, this item was continued to March 6 as requested by the applicant. 11. Consider an appeal of the Planning Commission's decision to deny an exception to allow a 5-foot side yard setback, to deny a Tentative Map to subdivide a .46-acre parcel into two parcels of 9,685 square feet and 9,686 square feet, respectively, and to deny a variance to allow a 50-foot lot width, instead of the required 60-foot width, for two proposed parcels, Application Nos. EXC-2006-14, TM-2006-12, V-2007-01, Jitka S--3 February 20, 2007 Cupertino City Council Page 4 Cymbal (Westfall Engineers), 21871 Dolores Avenue, APN 357-14-026. The appellant is Jitka Cymbal. Director of Community Development Steve Piasecki noted that the applicant had withdrawn the appeal for the exception portion of the application, EXC-2006-14. Applicant Jitka Cymbal reviewed the project. The public hearing was opened at 7:50 p.m. Johnny Wang said he was concerned about the loss of privacy with a flag lot due to the many windows that would face his house from the side. Rhoda Fry said that she was not in favor of variances and was concerned about the drainage issue. She said that the lots should be compared to others on the street for compatibility, rather than the overall neighborhood, and she did not think side-by-side lots would be compatible in this case.. She said she would like to see some big trees planted in Monta Vista. Jennifer Griffin said she is familiar with the problems of small lots, noting that she can hear her neighbor's conversations from her window. She said she was concerned about creating two substandard lots and that homes built side by side would look like mobile homes. She thought flag lots were a better idea in this situation, and she also urged Council to preserve the trees. Victoria Gomez said she lives across the street from the property in question. She noted that the applicant had already built two houses elsewhere and that they are beautiful. She said she would like to see diversity in the neighborhood and urged Council to uphold the appeal to build the houses side by side. Cindy Hsu, owner, said that Cupertino is the only city where she has seen flag lots. She said they are not safe because fire department vehicles have difficulty reaching the houses. She asked Council to uphold the appeal. Tracy Hsu, owner, said she was told by City staff to avoid flag lots. She noted that the Planning Commission failed to give clear guidelines to City staff and to the applicant, and that the City should stay with its policy of avoiding flag lots. Suejane Han distributed a petition in support of upholding the appeal. She said she counted 76 side-by-side houses vs. 26 flag lots in the Monta Vista area. She believed that that side by side lots are safer, and building flag lots is an old practice. The public hearing was closed at 8: 12 p.m. c;;-- L( February 20,2007 Cupertino City Council Page 5 Mahoney/Sandoval moved and seconded to continue the item to March 20 and to have the applicant bring back plans of what the lot would look like as a side by side. The motion failed with Patrick Kwok and Kris Wang voting no, Orrin Mahoney and Dolly Sandoval voting yes, and Richard Lowenthal absent. Mahoney/Sandoval moved and seconded to uphold the appeal and grant the variance. The motion failed with Patrick Kwok and Kris Wang voting no, Orrin Mahoney and Dolly Sandoval voting yes, and Richard Lowenthal absent. The appeal is denied and the Planning Commission decision is upheld. UNFINISHED BUSINESS 12. Consider a Community Development Director's referral of a minor modification to approve the final front plaza design and gateway feature for Oak Park Village along N. De Anza Boulevard required by a previously approved use permit application (U-2004- 09), Application No. DIR-2007-06, Chuck Bommarito, 10745 N. De Anza Blvd, APN 326-10-064. Jennifer Griffin said that the project looked nice on paper, but the resulting housing is too high and too dense, and creates an oddly-shaped roofline along Highway 280. She urged Council to add lots of trees to the project and noted that any artwork put there should be around 5-feet tall and have muted colors in order to keep it looking like a wooded area. Sandoval/Kwok moved and seconded to approve the minor modification to the front plaza design and gateway feature. The motion carried unanimously with Richard Lowenthal absent. Council recessed from 8:55 p.m. to 9:00 p.m. 13. Receive staff recommendations: a) The evaluation of traffic safety issues in the tri-school area including Monta Vista High, Kennedy Middle, and Lincoln elementary schools b) Defer discussion of the reopening the Scenic Circle gate into Blackberry Farm as a separate item Rhoda Fry said that the City should put money into pedestrian safety, especially in the Monta Vista area. David Greenstein talked about traffic around the schools and said the best solution is to get parent participation and to educate the public about using alternative transportation to get their children to and from school. ~- )' February 20,2007 Cupertino City Council Page 6 Joe Walton, member of Bicycle Pedestrian Commission, suggested that the gate access into Monta Vista High School be opened so that bikes could be ridden through and to provide better bicycle parking at the school. He also suggested a car pool website that parents could utilize. He noted that the commission wanted to work with the Public Works staff further on these issues and encouraged Council to do what it could to help alleviate traffic congestion around the schools. Norm Donovan said that the Scenic Circle gate should be opened to allow bicycle and pedestrian access to school. Jennifer Griffin and Louise Levy both said that they would like to see school buses as a solution. Robert Levy noted that the City has no control over the busing issue since the school districts gave them up, but encouraged the City to use its surplus dollars to help with traffic congestion. Council discussed having Council member Sandoval continue to work with the neighborhood, schools, and the Valley Transportation Authority (VTA), and to have Mayor Wang go to Sacramento to look into a grant. The Council also discussed having the Bicycle Pedestrian and Public Safety Commissions continue to work with staff on the traffic issue regarding safer routes to school. Mahoney/K wok moved and seconded to accept staff's recommendations and to incorporate the discussion of the tri-school area traffic safety issues into the work program. NEW BUSINESS 14. Review and adopt the 2007-08 City Council work program. (Continued from February 6). Kwok/Mahoney moved and seconded to adopt the 2007-08 work program with the following amendments. The motion carried unanimously: . On page 1, delete items 1 and 2 (Dynasty Restaurant and Alexander's Steakhouse) in the Completed section under Status, and strike the comments regarding the 137 Vallco condominiums adding instead, "awaiting application from Vallco" . On page 2, delete the HP Site under Project Goal, Status, and Comments . On page 2, change the Capital Improvements and Plans from number 1 to number 2, and strike the comments for the Mary Avenue Pedestrian Footbridge On page 2, add some interim dates under the Status section regarding the Stevens Creek Corridor Park, and strike the comments regarding issues to be resolved for Phase II adding instead, "Resolve issues and begin the grant application process for phase II" . 5"'- 0 February 20,2007 Cupertino City Council Page 7 · On page 3, strike number 4 (Vallco HP Neighborhood Park) under Project Goal, Status, and Comments, and move number 5 (Sterling Barnhart parcels) underneath item 2 (Rancho Rinconada Park) and change it to item "b" · On page 4, add Stevens Creek Blvd. to Rancho San Antonio Park with Reach A and add the comments, "push forward.on a political level" · On page 4, change item "d" (Pool) to "Sports Center Upgrade" and move the comments regarding the Commission meeting in March for a recommendation to Council to the Status column, adding the words, "Parks and Recreation" before Commission. Also add that Council will not entertain an additional tennis court · On page 5, list the dates in order in the Status and Comments columns, adding "Sports Center Tennis Court" after "Digital signage," and add "3N software" after "Neighborhood Watch eCap" in the Status column · On page 6, change "July" to "June" in item "d" regarding the entertainment tax, and in the comments column, change "to be reviewed in April, 2007" to "Report back to Council in March 2007" regarding the General Plan Policy 2-42 · On page 6, check the numbers in the Status and Comments columns in item 4 (Public Safety) and compare to those numbers given during the State of the City · On page 9, change "Kennedy" to "Tri-School/Regnart" for item "c" under Project Goal and in the Comments section strike "completed" adding instead, "Ongoing investigation of best practices including grants for alternative public transportation, develop a project scope and present in conjunction with the 07/08 budget process" · On page 10, change "Feb., 2007" to "March 2007" in the status column for item "c" (Nexus Study) · On pages 1 0 and 11, update the information for item 6 (Economic Development/Redevelopment) in the Status column · On page 12, add item "f' under number 7 (Planning) to say "Tree ordinance" and add June, 2007 in the Status column · On page 12, delete "Feb." and add "April" to the Status column regarding the schedule of community workshops · On page 12, update the number of leaders in the Neighborhood block leader program in the Status column for item 8 (Building Community) )-7 February 20,2007 Cupertino City Council Page 8 · On page 13, add "Beautification Program" in the Project Goal column, add "Action plan needed" in the Status column, and add the words from the following motion in the Comments column: Mahoney/Kwok moved and seconded to agree conceptually with a beautification program, the first to be held March 17, and to allocate $9,000 from the City Manager's discretionary budget, plus the Senior Center budget for materials, and to have the Mayor bring back a brief report regarding the scope of the project at the next CC meeting. Staff time would be limited to direct time at the senior center and some coordination time for the program itself. The motion carried with Dolly Sandoval voting no. Council member Sandoval said the following for the record: She wants to support the Mayor and loves the idea of community building, and the beautification project conceptually is a good one. But, she said she feels there is no accountability, the project is irresponsible, and that it leaves open the issue of liability for the City. She said she would have liked to have a written, more developed proposal to discuss. · On page 14, add item "c" under number 9 (Community Organizations) to say, "Cupertino Day", and add item "d" under number 9 to say, "Tank House" · On page 14, delete the Teacher Down Payment Assistance program and the Public Safety Commission working on improving traffic in tri-schools neighborhood in the Status column, and delete all of the comments under item "b" in the Comments column ORDINANCES 15. Conduct the second reading of Ordinance No. 07-1995: "An Ordinance of the Cupertino City Council Amending Section 2.36.010 of the Cupertino Municipal Code Modifying the Composition of the Technology, Information, and Communications Commission to Add Two Additional Members." Mahoney/Kwok moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Richard Lowenthal. Mahoney/Kwok moved and seconded to enact Ordinance No. 07-1995. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Richard Lowenthal. 16. Conduct the second reading of Ordinance No. 07-1993: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No.2 by Rezoning Approximately 2.09 Acres From RHS-80 (Residential Hillside Zoning, 80,000 Square Foot Minimum Lot Size) To RHS-40 (Residential Hillside Zoning, 40,000 Square Foot Minimum Lot Size) Located at 21600 Rainbow Drive, Cupertino Application Z-2006-0 1." s--f February 20,2007 Cupertino City Council Page 9 Mahoney/K wok moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Richard Lowenthal. Mahoney/Kwok moved and seconded to enact Ordinance No. 07-1993. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Richard Lowenthal. ST AFF REPORTS 17. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Under postponements, this item was continued to March 6. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Mayor Wang said that she would work with staff to schedule a Council team-building session within the next two months. ADJOURNMENT At 12:30 a.m. on Wednesday, February 21, the meeting was adjourned. 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 View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. )-1