Loading...
CC 01-16-07~~4?~ .o CITY OF CUPEI~TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, January 16, 2007 ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal (5:05 p.m.), Orrin Mahoney (5:05 p.m.), and Dolly Sandoval. Absent: none. CLOSED SESSION 1. Negotiations for purchase, sale, exchange, or lease of real property -Government Code Section 54956.8, regarding a request from the Historical society to lease the Stocklmeir rp operty. (No documentation in packet). 2. Labor negotiations -Government Code Section 54957.6 regarding the evaluation of the City Manager. (Continued from January 8). (No documentation in packet). At 5:05 p.m., Council recessed to a closed session on these two matters. At 6:45 p.m. the Council reconvened in open session. Deputy City Attorney Eileen Murray announced that Council directed the City Manager to respond to the Historical Society's request. City Manager David Knapp reported that he had received feedback from the Council. No action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. CEREMONIAL MATTERS -PRESENTATIONS 3. Proclamation for William Shieh, outgoing Hsinchu Sister City Committee Chair. (No documentation in packet). Mayor Wang presented a proclamation to William Shieh and thanked him for his many achievements as Chairman of the Hsinchu Sister City Committee. William Shieh thanked the City Council, staff and his fellow committee members for all of their support and assistance. Kathy Stakey, a member of the Cupertino Library Commission, said that Hsinchu City is also Cupertino Library's Sister City and each year the library sends books to Hsinchu. January 16, 2007 Cupertino City Council Page 2 POSTPONEMENTS Mahoney/Kwok moved and seconded to postpone item No. 14 (bingo permit renewals) and 15 (appeals regarding the Mojgani residence) to February 6. The motion carried unanimously. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following items: • A matrix showing Council committee appointments (item No. 25) • An amended copy of draft Ordinance No. 07-1992 (item No. 26) ORAL COMMUNICATIONS Larry Wilson, Santa Clara Valley Water District, presented Public Works Director Ralph Qualls with the 2007 CEO Environmental Stewardship Award. Gordon Frolich stated that he had filed a complaint with the city on August 16 regarding a building code violation on a neighboring property (illegally placed shed). To date he had received no action from the city on this matter. Mr. Frolich did note that the shed had been relocated but its new location was also in violation of the building code. Community Development Director Steve Piasecki replied that staff would look into this complaint and he would report to Mr. Frolich by the end of the week. CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: one. 4. Approve the minutes from the December 5 and 6 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for November 22 and December 1, 8, 15, and 22, Resolution Nos. 07-001 through 07-005. 6. Adopt resolutions accepting Payroll for December 1 and 15, Resolution Nos. 07-006 and 07-007. 7. Accept the Treasurer's Investment report for November 2006. 8. Accept an application for an Alcoholic Beverage License for Kikusushi Japanese Restaurant, 1655 S. De Anza Blvd. 6 (North of Prospect Road at Coach House Shopping Center). 9. Adopt a resolution authorizing the destruction of records, Resolution No. 07-008. 10. Accept municipal improvements. (No documentation in packet): January 16, 2007 Cupertino City Council Page 3 a) Sasha and Aida Cukic, 21796 Stevens Creek Boulevard, APN(s) 357-16-011 and 357-16-052 b) Richard and Grace Perez, 10091 Byrne Avenue, APN 357-11-005 These applicants have completed City-specified improvements in the City right-of--way, including curb, gutter, sidewalk, driveway, and storm drain work, as required by the improvement agreement with the City for asingle-family dwelling building permit. 11. Adopt resolutions approving a grant of easement for roadway purposes: a) Michael L. Moore and Christina M. Moore, 22350 Cupertino Road, APN 326-50- 025, Resolution No. 07-009 b) Sanjay Rao and Geetha Rao, 22314 Cupertino Road, APN 326-50-040, Resolution No. 07-010 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. 12. Adopt a resolution approving an improvement agreement: a) Pancal Catalano, L.P., A California Limited Partnership, 11081 South Stelling Road, APN 362-18-003, Resolution No. 07-011 b) Sanjay Rao and Geetha Rao, 22314 Cupertino Road, APN 326-50-040, Resolution No. 07-012 Through an improvement agreement with the City for amulti-family/single-family development building permit, these applicants will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 13. Adopt resolutions approving a final map: a) Cupertino Homes, LLC, 10752 and 10758 S. Stelling, APN(s) 359-22-061 and 359-22-060, Resolution No. 07-013 b) Frankie Kan Yin Law, Su Yong Law, Felicia Chow, and Joyce Chow, located at 20055 and 20065 De Palma Lane, APN(s) 369-32-006 and 369-32-039, Resolution No. 07-014 Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. January 16, 2007 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None ORDINANCES Mayor Wang re-ordered the agenda to discuss item No. 26 next. 26. Conduct the first reading of Ordinance No. 07-1992: "An Ordinance of the Cupertino City Council adding Chapter 9.19 to the Cupertino Municipal Code: Water Resource Protection for Properties Adjacent to a Stream." Public Works Director Ralph Qualls stated that this ordinance would provide for a Stream Modification Permit where applicable on properties adjacent to a stream. It would also provide for the adoption of engineering standards and guidelines. The city would now be the sole permitting authority for properties adjacent to a stream and the permit would be similar to a grading permit (i.e. issued as part of a building permit for construction activity). Jennifer Griffin said she was concerned about the water issues in the county and questioned how this ordinance would affect the Calabazas watershed as related to the proposed development on Tantau Road. The City Clerk read the title of the ordinance. Kwok/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. PUBLIC HEARINGS 14. Consider approving bingo permit renewals. (Postponed to February 6). No documentation in packet. During the Postponements section of the agenda, this item was continued to February 6. 15. Consider two appeals of the Planning Commission's decision to deny an appeal of a Residential Design Review approval and a Minor Residential Permit to construct a new, two-story 4,219 square foot residence with two-second story rear yard decks, Application Nos. R-2006-08 and RM-2006-13, Cliff Cowles (Mojgani residence), 21180 Grenola Avenue, APN 326-28-057. (The applicant requests a continuance to February 6). No documentation in packet: a) Appellants Jessica Rose & John Tracy b) Appellants Elena Herrera & Subir Sengupta During the Postponements section of the agenda, this item was continued to February 6. January 16, 2007 Cupertino City Council Page 5 UNFINISHED BUSINESS 16. Discuss Blackberry Farm: a) Consider allowing access to Blackberry Farm for the next year (or until ground breaking). This issue was raised during the mid-year budget review b) Consider barbecue catering by staff or by contract. This decision affects the type of barbecue facility designed, and should be made before the design team resumes work in a few months Parks and Recreation Director Therese Smith stated staff s recommendation to retain the security fencing in place and to actively enforce the park's closure from May 1 to September 30, 2007. Staff also concurred with the recommendation of the Parks and Recreation Commission to use multiple contracts for catering at Blackberry Farm. Rhoda Fry suggested signage on Stevens Creek stating that the park was closed and also putting this information on the city's website. She favored a more Cupertino based use of the park rather than a regional use. Lowenthal/Sandoval moved and seconded to approve a "soft" closure (allowing residents to continue to use the park to walk dogs, etc. before 10:00 a.m. and after 5:00 p.m.) of Blackberry Farm until next year, or until the groundbreaking of the new facility. This motion also included signage and information posted on the city's website that the park will be closed. The motion carried unanimously. Rhoda Fry addressed the catering issue and stated her support of the staff recommendation that barbecue service be available from a list of approved caterers and that the catering contractors shall pay the city a flat fee per each meal served. Lowenthal/Sandoval moved and seconded to select Option D in the staff report stating that barbeque service shall be available from a list of approved caterers and that the catering contractors shall pay the city a flat fee per each meal served. NEW BUSINESS 17. Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 06-194, Resolution No. 07-015. Mahoney/Kwok moved and seconded to adopt Resolution No. 07-015. The motion carried unanimously. 18. Consider adopting a resolution renewing the voluntary cap of $26,000 for campaign expenditures for the 2007 City Council election, Resolution No. 07-016. January 16, 2007 Cupertino City Council Page 6 Kwok/Lowenthal moved and seconded to adopt Resolution No. 07-106 with the amendment that the dollar amount limitation shall be $1 per registered voter as of January 1, 2007. The motion carried unanimously. 19. Cupertino Library: a) Consider options and approve the use of the additional $120,000 Library hour budget for fiscal year 2006/07. b) Consider providing access between the Library and the Coffee Society c) Consider adding additional signage above the City Council pictures in the Library Administrative Services Director Carol Atwood noted that the city had allocated $120,000 annually to be used for additional library hours. These funds had been redirected to pay off the library furniture and fixture loan should that be necessary. The Library Foundation had paid off this loan and the monies were now available. However, the city had been advised by the Santa Clara County Library that only four additional hours on Sundays and Tuesdays were available for that amount of money. The County further stated that to open the library on Mondays would require much more staffing and would cost approximately $300,000. The Library Commission's recommendation was to start providing the additional hours July 1, 2007 and for the year 2006-07 make one-time purchases of two self-check machines and books for the adult book collection. Council directed Councilmember Lowenthal to request the Santa Clara County Library JPA to submit a proposal for keeping the Cupertino Library open seven days a week. Council asked that Councilmember Lowenthal and Administrative Services Director Atwood bring this request to the JPA personally and report back to the Council in 90 days (the second meeting in April). Council further deferred expenditure of the $120,000 for 2006-07. Concerning the access between the Library and the Coffee Society, staff noted that this would cost approximately $150,000. Staff and the Library Commission did not recommend approval this access. The following spoke against providing access between the Library and the Coffee Society: Roz Davis, Barbara and Pat Rogers (Cupertino Library Foundation Committee), Sheila Mohan (Library Commission), Rhoda Fry, Kathy Stakey (Library Commission) and Janet Riddell (Library Commission). They stated the following concerns: damage to library materials, staff not available to monitor access, money can be better spent elsewhere, displacement of part of the library collection and negative impact on quiet reading room. Mahoney/Kwok moved and seconded to accept the recommendation of staff and the Library Commission not to open access between the Library and the Coffee Society. The motion carried unanimously. January 16, 2007 Cupertino City Council Page 7 Sandoval/Kwok moved and seconded to add the additional signage above the City Council pictures in the Library, at a maximum cost of $3,000. The motion failed, with Council members Lowenthal, Mahoney, Sandoval, and Wang voting no. Sandoval/Kwok moved and seconded to add the titles of Mayor, Vice-Mayor, and Council members added underneath their names. The motion carried unanimously. RECESS The meeting was recessed from 9:08 p.m. to 9:15 Mayor Wang re-ordered the agenda to hear item No. 24 next. 24. Request from the Hsinchu Sister City organization regarding festival funding from the 2006/2007 budget. Roger Peng, Chairman of the Hsinchu Sister City Committee, stated that their purpose was to have an independent event in partnership with the Unity Parade on March 10 to promote the city to city relationship and to develop the cultural exchange between the two cities. Their proposal included having ten booths at Memorial Park which would include, in part, Chinese painting, glass art, Chinese calligraphy and Chinese handcrafts. Lowenthal/Sandoval moved and seconded to approve the festival funding request in the amount of $4,000 from the 2006/2007 budget. The motion carried unanimously. 20. Nathan Hall Tank house: a) Authorize the City Manager to sign an agreement to dedicate land and restore the Nathan Hall Tank house near Blackberry Farm Golf Course and authorize staff to work with community groups to raise funding. (Continued from December 6). Community Development Director Steve Piasecki noted that the matter before Council was to transfer the ownership of the property to the city, to restore the Nathan Hall Tank House and to focus on phase one which was to stabilize the structure. He further noted that there were multiple funding sources available. Terry Brown noted that his son (Los Gatos Roofing) had offered to provide free labor and materials to replace the roof but it was important that the property be owned by the city and not the homeowners' association. Rhoda Fry, Jim Walker (Cupertino Rotary Club), Helene Davis (Cupertino Historical Society) and Jennifer Griffin each stated their support of this project. In addition Jim Walker, Cupertino Rotary Club, noted that this project was the recipient of the proceeds from this year's Rotary Golf Tournament. He hoped the project could be expedited so they could move forward with their sponsorships. January 16, 2007 Cupertino City Council Page 8 Sandoval/ Mahoney moved and seconded to (1) Sign the agreement after a Memorandum of Understanding with Los Gatos Roofing was signed; (2) Complete the survey map exhibits for the agreement; (3) Finalize the agreement with the Cupertino Rotary Club and send it back to City Council for authorization. The motion carried unanimously. 21. Authorize Dolly Sandoval and Richard Lowenthal to work with County Roads and San Jose Water Company to acquire and develop the Lawrence Expressway Linear Park. (No documentation in packet). Jennifer Griffin stated her support of the city acquiring and developing this park. Mahoney/Kwok moved and seconded to authorize Sandoval and Lowenthal to work with the County to acquire this park. The motion carried unanimously. 22. Authorize the Mayor to work with the San Jose City Council to realign boundaries for the following: a) Area west of Lawrence Expressway between 280 and Bollinger b) Area around Kentwood slated for housing Jennifer Griffin spoke in favor. Kwok/Lowenthal moved and seconded to authorize Mayor Wang to work with the San Jose City Council on this item. Councilmember Lowenthal suggested discussing each of these realignment requests separately. The motion carried unanimously. 23. Authorize the Mayor to forward a letter to the ABAG Executive Committee regarding the revised regional housing needs formula. Community Development Director Steve Piasecki noted that staff recommended authorizing the Mayor to forward a letter to ABAG supporting the original formula developed by the Regional Housing Needs Allocation Committee and opposing increasing the lower income allocations to 175% of the Bay Area average income distribution. Jennifer Griffin commented on the economy and housing needs in the county. Mahoney/Lowenthal moved and seconded to authorize Mayor Wang to forward the letter to the ABAG Executive Committee. The motion carried unanimously. 25. Select Council committee delegates and alternates. Sandoval/Lowenthal moved and seconded to accept the Council committee appointments as shown on page 25-1 of the packet, with two changes: (1) the Cupertino Disaster Council name was changed to Cupertino Disaster Preparedness Council; and (2) the lead January 16, 2007 Cupertino City Council Page 9 representative on the Environmental Review Committee will be Dolly Sandoval instead of Richard Lowenthal. STAFF REPORTS 27. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood distributed and reviewed a chart titled General Fund Budget Report, December 31, 2006. The Council members concurred to accept the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Parks and Recreation and Bicycle/Pedestrian interviews were postponed to give Council time to consider consolidation of these two commissions. All other interviews will take place on Monday, January 22. ADJOURNMENT At 11:08 p.m., the meeting was adjourned in memory of Harry Langston, the father-in-law of City Manager David Knapp. The meeting was adjourned to Monday January 22 at 6:00 p.m. for commission interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino. t+,~ Kimberly Smith, 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.cu,Rertino.or~. 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.or~ and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.