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CC 03-20-07 CUPEIQ"INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, March 20, 2007 ROLL CALL At 5:02 p.m. Mayor Kris Wang called the meeting to order in City Hall Conference Room A. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal (5:03 p.m.), Orrin Mahoney, and Dolly Sandoval. Absent: none. INTERVIEWS 1. Con~uct interviews for the Parks and Recreation and Bicycle Pedestrian Commissions. Council interviewed Jeanne Bradford, Sakunthala Nallamotu, David Lee, and James Wiant for the Parks and Recreation Commission, and appointed Jeanne Bradford and David Lee to full terms ending January 2011. Council interviewed Sakunthala Nallamotu, James Wiant, Geoffrey Paulsen, and Sonny Chen for the Bicycle Pedestrian Commission, and appointed Geoffrey Paulsen and James Wiant to full terms ending January 2011. Council directed staff to re-advertise the remaining vacancy. Council also directed staff to amend the Conflict of Interest code to include all commissioners. RECESS Council was in recess from 6:10 p.m. to 6:15 p.m. CLOSED SESSION 2. Labor negotiations - Government Code Section 54957.6 regarding the evaluation of the City Manager. (No documentation in packet). At 6:15 p.m., Council recessed to a closed session. When they reconvened in open session, the City Manager announced that no action was taken. March 20, 2007 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENTATIONS 3. Proclamation recognizing the week of March 19 as Hepatitis B Awareness week. (No documentation in packet). Mayor Wang presented the proclamation to Mindy Chu and Alina Wong, students at Monta Vista High School, representing the Asian Liver Center at Stanford University. 4. Vallco update. Continued from March 6. (No documentation in packet). Mike Rohde, Vallco General Manager, said that the AMC Theaters are scheduled to open at the end of April. He noted that the Cupertino Education Endowment Foundation (CEEF) would be the beneficiary at the grand opening fundraiser tentatively scheduled for April 23. He also gave a status report on the mall floors, the garage by J.e. Penney, California Pizza Kitchen, Islands Restaurant, Strike bowling alley, and the food court. POSTPONEMENTS Deputy City Clerk Grace Schmidt noted that the Santa Clara Valley Water District requested that Item No.18 be continued to May 1. Lowenthal/Sandoval moved and seconded to continue this item to May 1. The motion carried unanimously. WRITTEN COMMUNICATIONS The Deputy City Clerk announced the following written communications: 1. An Access Cupertino communication from Tom Pochylski regarding Item No. 20, protective/permissive left turn signals. 2. A letter addressed to City Council from Geoffrey Etnire regarding item No. 16, Peet's Coffee appeal. March 20, 2007 Cupertino City Council Page 3 ORAL COMMUNICATIONS Tony and Grace Toy talked about the Sports Center operation and Lifetime tennis and suggested some proposals to increase Sports Center revenue. EJ. Conens said he is concerned that the City isn't receiving any revenue from the Lifetime Tennis program. He asked Council to look into the issue. Martin Bishop said that he needs authorization from the Valley Transit Authority to put together a task force of mobility-impaired individuals and asked for Council support. He also noted that the community should support placing a cell phone tower on the railroad right-of-way because it would benefit the entire community. Patrick Kwok asked staff to respond to Tony and Grace Toy's statements and provide any updates since the last report. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 5. Approve the minutes from the March 6, City Council meeting. 6. Adopt resolutions accepting Accounts Payable for February 23 and March 2, Resolution Nos. 07-040 and 07-041. 7. Adopt a resolution accepting Payroll for March 9, Resolution No. 07-042. 8. Oppose Senate Bill 49 (Migden), which would create a 100-mile radius as a "no 49-er Stadium zone". 9. Accept municipal improvements, Li Shing and Lumin S. Chang, 21915 Lomita Avenue, APN 357-16-068. (No documentation in packet). 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 a single-family dwelling building permit. 10. Adopt a resolution approving an improvement agreement, Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-043. Through an improvement agreement with the City for a multi-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. March 20, 2007 Cupertino City Council Page 4 11. Adopt a resolution approving a final tract map for Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07 -044. Approval of the final tract map permits the map to be forwarded to the County for recording, which completes the subdivision. 12. Adopt a resolution approving a Stormwater Management Facility Easement Agreement, Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-045. Through an agreement with the City, the property owners of this residential development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. 13. Adopt a resolution approving a Stormwater Management Facilities Operation and Maintenance Agreement, Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-046. Through an agreement with the City, the property owners of this residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 14. Accept the resignation of Housing Commissioner Richard Abdalah, direct staff to notice the unscheduled vacancy, and set the date to conduct interviews for May 22. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 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 (Moigani residence), 21180 Grenola Avenue, APN 326-28-057. (Continued from March 6). The appellants are: a) Jessica Rose and John Tracy b) Elena Herrera and Subir Sengupta Community Development Director Steve Piasecki highlighted the staff report VIa a PowerPoint Presentation. Jessica Rose and John Tracy said that they are appealing the minor residential permit for two rear balconies. They showed pictures of the proposed project from their backyard and March 20, 2007 Cupertino City Council Page 5 from inside their house. Ms. Rose also discussed discrepancies in the balcony measurements and the landscape plan. She urged Council to deny the permit for the second-story, rear-facing balconies, noting that neighbors on all three sides have protested the balconies. Elena Herrera said that the ordinance as written supports her proposition that the house is out of scale for the neighborhood. She noted that this is a transitional neighborhood and showed pictures of the neighborhood houses. She said that her appeal speaks to both balconies. The applicants, the Mojganis, said that they wanted to build the balconies for their own enjoyment only and that the design modification has reduced the buildings so much as to be unlivable. Mr. Mojgani said that they do have the support of the neighbors. Mrs. Mojgani showed pictures of the neighboring houses from the roof of their existing house, noting that the neighbor's backyard cannot be seen. Mayor Wang opened the public hearing. Lester Bowers said that the privacy issue would come up again, especially in Garden Gate where houses are changing, and that there should be a plan to give more consideration to privacy in a mixed neighborhood. Lee Xu said that he signed waivers on the privacy landscaping last year, but he said he didn't know there would be a large balcony planned. He said he wrote to the planning department about his concerns. He urged the neighbors to limit the size of both balconies to have a more harmonious relationship amongst all the neighbors. Patsy Zanto-Embry said she was in favor of the applicants building their balconies and urged Council to deny the appeal. Wesley Embry said that he understands the need to tear down and rebuild houses, and noted that on Grenola A venue a third of the homes are already two stories. Jennifer Griffin said that in her Rancho neighborhood there was a need to have the neighborhood annexed to Cupertino to have some restrictions on house size. She urged Council to keep the large oak tree and not cut into the canopy. Mayor Wang closed the public hearing. Mahoney/K wok moved and seconded to adopt the staff recommendation to approve the residential design review and minor residential permit to allow construction of a two- story residence including the balcony on the east side of the rear elevation, but eliminate the master bedroom balcony on the west side of the elevation, and amend the landscaping plan to assure that the magnolias and the pittosporums are 24-inch, 8-foot tall, and that the spacing on the pittosporums be adopted by staff to be appropriate for those plants. The decision upholds the appeal relating to the west side balcony and denies the appeal March 20, 2007 Cupertino City Council Page 6 related to the design and east side balcony, and modifies the planning commISSIOn decision per the motion. The motion carried unanimously. 16. 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. (Continued from March 6). Community Development Director Steve Piasecki highlighted the staff report VIa a PowerPoint Presentation. Council member Richard Lowenthal explained that he had appealed this item because of the issue of inadequate parking on the Peet's Coffee side. He said this is a good opportunity for people to park once and shop twice, to allow pedestrian access between Whole Foods and the Peet's Coffee/office center parking lot. He also said he was concerned about Peet's Coffee opening of 5:30 a.m. because it was an imposition on the community including more traffic and noise early in the morning, and even more crowding for that parking lot, particularly for the office users. Mayor Wang opened the public hearing. Ellen Sinnott, District Manager for Peet's Coffee, asked Council to address the hours of operation for Peet's Coffee so that their permit is in compliance with the 5:30 a.m. opening time, which is consistent with when their competition opens. John Volckmannm, property manager, said he met with Mr. Lowenthal because he didn't understand the connection between Peet's request to change the hours of operation and creating a pedestrian access. He said that tenants wouldn't use the path because they would have to cross a loading dock area with no sidewalk, and he was concerned about skateboarders, etc. causing liability issues. He added that it would impact the office center tenants to lose one of the parking spaces required in order to create the opening and he wasn't in favor of creating the access. Goeffrey Etnire, attorney for the Stevens Creek Office Center, distributed a letter addressed to Council outlining his comments. He noted that the issue is the question of whether there is a real nexus between Peet's opening at 5:30 a.m. and the pedestrian access. He said that most pedestrians would use the Stevens Creek sidewalk. He urged Council to deny the appeal. Mayor Wang closed the public hearing. Lowenthal/Kwok moved and seconded to grant a temporary use permit allowing Peet's Coffee to open at 5:30 a.m. and to review the entire use permit in six months. The motion carried unanimously. Council was in recess from 9:32 p.m. to 9:39 p.m. March 20, 2007 Cupertino City Council Page 7 17. Conduct the first of two public hearings regarding the use of fifth program year (2007 -08) Community Development Block Grant (CDBG) funds and Human Service grants, and begin review of the 2007-08 Annual Action Plan. Senior Planner Vera Gil reviewed the staff report via a PowerPoint presentation. Mayor Wang opened the public hearing. The following individuals spoke on behalf of their specific non-profit organizations and asked for Council support. Jordan Dancer, United Way 2-1-1 Santa Clara County Information and Referral Service Cindy Boone, Senior Adults Legal Assistance (SALA) Tami Cardenas, Second Harvest Food Bank Sherry Wasserman, Development Director, Support Network for Battered Women Colleen Hudgen, Live Oak Adult Day Services Naomi Nakano-Matsumoto, Cupertino Community Services Ray Bramson, Emergency Housing Consortium Sandoval/Kwok moved and seconded to continue the public hearing to April 3 to allow for a 30-day review period, and to add a minute order directing the City Clerk to call a special meeting for 6:45 p.m. on April 3, before the regular meeting, to hold the public hearing at a time certain. The motion carried with Lowenthal voting no. UNFINISHED BUSINESS NEW BUSINESS 18. Adopt a resolution authorizing the City Manager to negotiate and execute a third amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek, Resolution No. 07-047. This item was continued to May 1 under postponements. 19. Adopt a Resolution regarding the intent to Vacate a Public Utility Easement on 10720 Alderbrook Lane, APN 369-20-047, Resolution No. 07-048. Council member Dolly Sandoval recused herself and left the dais at 10: 15 p.m. Ed Hoffman distributed a petition signed by neighbors supporting the vacation of the easement. Lowenthal/Kwok moved and seconded to adopt Resolution No. 07-048 and set the public hearing for April 3. The motion carried unanimously with Sandoval absent. March 20, 2007 Cupertino City Council Page 8 Dolly Sandoval returned to the dais at 10:20 p.m. 20. Discuss and make a recommendation to remove the protected-permissive left-turn traffic signal operation (flashing red turn signals) at several intersections in Cupertino. Senior Civil Engineer David Stillman reviewed the staff report via a PowerPoint presentation. Marty Johnson urged Council to remove the signal phasing because it caused a dangerous situation. Jennifer Griffin urged Council to remove the signals. K wok/Mahoney moved and seconded to support staff s recommendation to remove the signal phasing from Cupertino intersections and to replace it with a protected-only (solid green arrow) left-turn signal phasing. The motion carried unanimously. 21. Consider a code change regarding construction hours on Sundays. Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint presentation. He said that staff recommended no change to construction hours. Jennifer Griffin said that sometimes during construction of a project, trucks would come before the recommended time in the morning and idle for 30 minutes. Council concurred to take no action. 22. Conduct the first reading of Ordinance No. 07-1999: "An Ordinance of the City of Cupertino, Amending Title 11, Section 11.24.140 of the Cupertino Municipal Code (Parking for Purposes of Servicing or Repairing, Regarding For-Sale Signs in Cars), to Conform the Provisions of the Code to the Requirements of Current Case Law, and Conform the Provisions of the Code to be Consistent With Present City Practices." City Attorney Charles Kilian reviewed the staff report. The Deputy City Clerk read the title of the ordinance. Sandoval/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. ORDINANCES March 20, 2007 Cupertino City Council Page 9 23. Conduct the second reading of Ordinance No. 07-1998: "An Ordinance of the Cupertino City Council Pre-zoning 13.5 acres to Pre-PR (Public Park or Recreational Zoning District) and Pre-T (Transportation Zoning District) Lands East of Saratoga Creek to the Centerline of Lawrence Expressway from Highway 280 to Bollinger Rd., APN 375-21- 001 and 375-22-001." Jennifer Griffin said she is excited about this park coming into the neighborhood, but had concerns about potential security at the park and graffiti. She urged Council to create a plan for added security. Lowenthal/Mahoney 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, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Lowenthal/Mahoney moved and seconded to enact Ordinance No. 1998. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. STAFF REPORTS City Manager David Knapp noted that the tree ordinance and the R-l ordinance have been advertised for April 3. He suggested holding the public hearing on both ordinances on April 3, and continuing the items to a work session to discuss both in detail. Council members concurred to reserve April 4 and May 2 to hold possible work sessions on the ordinances. Mayor Wang will work with staff to decide how best to handle the public input and action on these items. 24. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood highlighted the current revenues and expenditures. The City Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Vice Mayor Kwok asked staff to agendize at a future meeting a discussion regarding setting a threshold for houses being built that go beyond a certain percentage of the adjacent houses in a neighborhood, and to possibly include a more formalized public hearing process at either the Design Review Committee (DRC) or Planning Commission levels. March 20, 2007 Cupertino City Council Page 10 ADJOURNMENT At 11 :25 p.m. the meeting was adjourned GS'~u Grace Schmidt, Deputy City Clerk 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 on the 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. March 20, 2007 Cupertino City Council Page 11 REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure ~1094.6; litigation challenging a decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting.