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CC 04-03-07 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular and Special Meetings Tuesday, April 3, 2007 CUPErQ"INO CITY COUNCIL REGULAR MEETING ROLL CALL At 6:00 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California. Present: Mayor Kris Wang and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: Vice-Mayor Patrick Kwok. CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, and Sandy Abe concerning labor negotiations with Cupertino City Employee's Association (CEA), Operating Engineers Local 3 (OE3) and Unrepresented Management. (No documentation in packet). The City Attorney announced that the City Council had directed staff to meet with the various employee groups and negotiate along the lines discussed in closed session. RECESS At 6:40 p.m., the regular meeting was recessed and the special meeting was convened in the Council Chamber. CITY COUNCIL SPECIAL MEETING PLEDGE OF ALLEGIANCE At 6:40 p.m. Mayor Kris Wang called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: Vice-Mayor Patrick Kwok. PUBLIC HEARINGS 2. Consider adopting a resolution approving the 2007-08 Community Development Block Grant (CDBG) funds and the 2007 Annual Action Plan, Resolution No. 07-049. April 3, 2007 Cupertino City Council Page 2 Senior Planner Vera Gil noted that in the Annual Action Plan the amount for the Emergency Housing Consortium had been increased to $4,000. Nick Bogdanovich thanked the Council for their support of Live Oak Day Services. Naomi Nakano-Matsumoto thanked Council for their partnership with Cupertino Community Services. Betsy Arroyo spoke on behalf of the Community Technology Alliance whose mission was to link and network agencies to better provide services to unhoused individuals in the community. Libby Tait thanked Council for their continued support of the Ombudsman Program. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-049 approving the 2007-08 Community Development Block Grant (CDBG) funds and the 2007 Annual Action Plan. The motion carried 4-0 with Kwok absent. ADJOURNMENT At 6:55 p.m. the special meeting was adjourned, and City Council reconvened the regular meeting. CITY COUNCIL REGULAR MEETING (continued) CEREMONIAL MATTERS - PRESENTATIONS 3. Presentation by Ken Graham, CEO of EI Camino Hospital regarding services available to Cupertino. (No documentation in packet). Mr. Graham presented an overview of the hospital services available to Cupertino residents. He also presented a video and a status report on the construction project noting that the new facility was due to open in 2009. Mr. Graham thanked the Council for their support and invited them to a selected tour ofthe construction site. 4. E-Services presentation regarding Street Sweeping reminders and E-mail notifications. (No documentation in packet). Public Information Officer Rick Kitson showed Council the information available online regarding street sweeping in the city. Schedules and maps were available and residents could be informed prior to the scheduled street sweeping day by signing up for email notification. April 3, 2007 Cupertino City Council Page 3 POSTPONEMENTS Council member Dolly Sandoval said she would abstain from participation on item No. 15 because she was an owner of this property. At 7:05 p.m., Sandoval was absent. Lowenthal/Mahoney moved and seconded to continue Item No. 15 to April 17. The motion carried 3-0, with Sandoval and Kwok absent. At 7:06 p.m., Sandoval was present. Lowenthal/Sandoval moved and seconded to continue item No. 16 to May 1. The motion carried 4-0 with Kwok absent. Lowenthal/Mahoney moved and seconded to continue item No. 18 to May 1. The motion carried 4-0 with K wok absent. Lowenthal/Sandoval moved and seconded to continue item No. 17 A, Housing Mitigation Fees, to May 1. The motion carried 4-0 with Kwok absent. WRITTEN COMMUNICATIONS The City Clerk said that the following items were distributed at the meeting: . A letter dated April 2 from T.E. and Marion Schmidt regarding item No. 19 asking that the Council revert the R-l ordinance to reflect 30% slope parameters. . A letter from "The Arzeno Voters and 21902 Lindy Lane" regarding item No. 19 asking Council to retain the 15% slope overlay. . A letter dated April 2 from the Cupertino Chamber of Commerce requesting continuance of item No. 17, Housing Mitigation Fees. ORAL COMMUNICATIONS - None CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.5, which was pulled for discussion. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Absent: Kwok 6. Adopt resolutions accepting Accounts Payable for March 9 and 16, Resolution Nos. 07- 050 and 07-051. 7. Adopt a resolution accepting Payroll for March 23, Resolution No. 07-052. 8. Accept the Treasurer's Investment Report for February 2007. April 3, 2007 Cupertino City Council Page 4 9. Accept applications for Alcoholic Beverage Licenses: a) Hilton Garden Inn Cupertino, 10741 N. Wolfe Rd. b) Lucky Stores, Inc., 10425 S. De Anza Blvd. 10. Adopt a resolution approving an improvement agreement for Mohammad R. Moradi and Patrow Piran Moradi, 10050 Hillcrest Road, APN 326-16-018, Resolution No. 07-053. Through an improvement agreement with the City for a 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. 11. Adopt a resolution approving a grant of easement for roadway purposes, Mohammad R. Moradi and Patrow Piran Moradi, 10050 Hillcrest Road, APN 326-16-018, Resolution No. 07-054. 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. Accept City projects performed under contract: 2006 S.T.P. Overlay Program, Proiect No. 2006-01, O'Grady Paving. (No documentation in packet). The City's contractor O'Grady Paving, Inc., has completed construction of the City's federal-aid Surface Transportation Program (S.T.P.) pavement overlay project for 2005- 2006. The work includes pavement rehabilitation on various federal-aid streets in City right-of-way, including portions of Bollinger, Stelling and McClellan Roads, and Tantau A venue, by overlaying the existing street surface with a new layer of asphalt concrete (AC) pavement. 13. Authorize the City Manager to negotiate and execute a contract with Linda Rios for delinquency prevention, early intervention, and diversion services for minors served by Cupertino Union School District (CUSD) and the City. 14. Adopt a resolution amending the Conflict of Interest Code to include all commissioners, Resolution No. 07-055. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Approve the minutes from the March 20 City Council meeting. The City Clerk noted a correction to item No. 1 of the minutes, to reflect that Geoffrey Paulsen and James Wiant were appointed to the Bicycle Pedestrian Commission. April 3, 2007 Cupertino City Council Page 5 Sandoval/Lowenthal moved and seconded to adopt the minutes as amended. The motion carried 4-0, with Kwok absent. PUBLIC HEARINGS (continued) 15. Consider adopting a Resolution Vacating a Public Utility Easement at 10720 Alderbrook Lane, APN 369-20-047. Continue to April 17 to allow sufficient time for legal advertising. (No documentation in packet). Council member Dolly Sandoval said she would abstain from participation on item No. 15 because she was an owner of this property. At 7:05 p.m., Sandoval was absent. Lowenthal/Mahoney moved and seconded to continue Item No. 15 to April 17. The motion carried 3-0, with Sandoval and Kwok absent. At 7:06 p.m., Sandoval was present. 16. Consider Application Nos. Z-2006-06 (EA-2006-20), Olivia Jang (Huang), 20916 and 20956 Homestead Road, APN Nos. 326-09-052 and -061. (Continued from February 6). Applicant requests a continuance to May 1. (No documentation in packet). Lowenthal/Sandoval moved and seconded to continue item No. 16 to May 1. The motion carried 4-0 with Kwok absent. 17. Consider the 2007-08 Fee Schedule: a) Review and approve housing mitigation fees (continued from March 6) Nick Ammann, Cupertino Chamber of Commerce, asked Council to continue consideration of this item to a later date to allow the Chamber's Legislative Action Committee time to discuss this matter at their April 6, 2007 meeting. Lowenthal/Sandoval moved and seconded to continue item No. 17 A, Housing Mitigation Fees, to May 1. The motion carried 4-0 with Kwok absent. b) Adopt a resolution accepting the 2007-08 Fee Schedule, Resolution No. 07-056 Lowenthal/Mahoney moved and seconded to adopt Resolution No. 07-056. The motion carried 4-0 with Kwok absent.. 18. Consider a Municipal Code Amendment of Chapter 14.18 (Heritage and Specimen Trees), Application No. MCA-2006-02, City of Cupertino, Citywide. Continue to May 1. (No documentation in packet). Lowenthal/Mahoney moved and seconded to continue item No. 18 to May 1. The motion carried 4-0 with Kwok absent. April 3, 2007 Cupertino City Council Page 6 Mayor Wang reordered the agenda to take up items 20, 21, and 22 next. NEW BUSINESS 20. Schedule an interview date for the Bicycle Pedestrian Commission and Community Development Block Grant Committee vacancies. Council concurred to set an application deadline of Friday, April 27, and to conduct interviews for these vacancies on Tuesday, May 22, along with other interviews already scheduled to begin at 3 :00 p.m. Council asked that staff schedule a 45-minute dinner break at approximately 6:00 p.m. 21. Consider canceling the City Council meetings in July and/or August. (No documentation in packet). Council concurred that they would plan to hold both regular meetings in July (July 3 and July 17); and that they would cancel the regular meeting of Tuesday, August 7. ORDINANCES 22. Conduct the second 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." Lowenthal/Mahoney moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Absent: Kwok. Lowenthal/Mahoney moved and seconded to enact Ordinance No. 07-1999. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Absent: Kwok. 19. Consider a Municipal Code Amendment of Chapter 19.28 Single-Family Residential (Rl) Zones regarding buildings proposed on properties with an average slope equal to or greater than fifteen percent, Application Nos. MCA-2006-01 and EA-2006-12 City of Cupertino, Citywide: a) Open and close the public hearing with possible continuance to an adjourned regular meeting on April 4 at 6:45 p.m. for a decision b) Adopt a Negative Declaration c) Conduct the first reading of Ordinance No. 07-2000: "An Ordinance of the Cupertino City Council Amending Chapter 19.28.050 of the Municipal Code, April 3, 2007 Cupertino City Council Page 7 Single Family Residential Zones (Rl) Regarding Buildings Proposed on Properties with an Average Slope Equal to or Greater than Fifteen Percent, Application No. MCA-2006-01" The City Clerk distributed the following: (1) A letter dated April 2 from T.E. and Marion Schmidt regarding item No. 19 asking that the Council revert the R-l ordinance to reflect 30% slope parameters; and (2) A letter from "The Arzeno Voters and 21902 Lindy Lane" regarding item no. 19 asking Council to retain the 15% slope overlay. Director of Community Development Steve Piasecki presented a brief background, and said that in 2005 the Council had approved amendments to the Rl Ordinance applying hillside standards to R 1 lots with an average slope of 15% or greater. Those hillside standards were intended to reduce house size, grading and retaining walls. The issue of geographical applicability was also under discussion including properties west of the hillside transition line and the Rl sloped properties along the Stevens Creek floodplain. The Planning Commission made the following recommendation to Council: Revert the R 1 hillside standards prior to the 2005 R 1 Ordinance where only developments on slopes of 30% or greater would be subjected to the hillside standards regardless of geographical locations. The following spoke in favor of keeping the 15% overlay: Bob Rodert, John James, Robert Berti, Sara Arzeno, Jennifer Griffin and Julia James. They believed that more hillside protection measures were consistent with the General Plan policies and goals and the 15% overlay would protect the hillsides for the benefit and enjoyment of all. The following spoke in favor of removing the 15% overlay: Kit Chan, Shabbir Nomanbhoy, Mark Santoro (speaking also for Suzette Pangrle, Chuck Lee and Jim Black), Homayour Hasheim, Ming Shan Yang, Farzad Haghigh, Eva Wong, Harold Sinzig, Homa Govashiri, Arya Hashemi, Viktor Sinzig, Doug Knirck, Shan Zhu, Sinzig Iriva, Simon Ko, Frank Sun, Barry Pangrle, Sherry Fang, Bill Guangerich, Tim Maslyn and Jim Holl. They cited the following concerns: property owners' rights, property values, confusion at having two sets of regulations and difficulty in remodeling under 15% overlay rules. They also did not think the overlay protected the hillsides. Councilmember Mahoney suggested the establishment of a new category that would recognize the unique features of these properties including those zoned agricultural. For now he suggested leaving the overlay in place and drawing the line at the 10% slope and removing it from everything else. Councilmember Sandoval agreed with Councilmember Mahoney. The overlay was not working and she suggested utilizing the talents of the neighbors in arriving at a mutually agreeable solution. She also noted that spot zoning was not effective and the agricultural properties should be included in the discussion. Councilmember Lowenthal agreed that the properties on the valley floor should be discussed separately. He also agreed with working with the neighbors on this issue and April 3, 2007 Cupertino City Council Page 8 recommended that staff ask the community to identify a working committee of no more than 15 people to represent them. The preservation of hillsides was important and the issue of grading needed to be addressed as well as the issue of house size. Councilmember Lowenthal recommended telling the Planning Commission that Council would like to see this matter back the second meeting in August. Lowenthal/Sandoval moved and seconded to adopt a Negative Declaration. The motion carried 4-0 with Kwok absent. Lowenthal/Mahoney moved and seconded to amend Section 19.28.050, C.l of the ordinance to read: "Buildings proposed on properties located west of the 10% hillside slope line, as defined in the Cupertino General Plan, that have an average slope equal to or greater than fifteen percent, shall be developed in accordance with the site development... "; that the ordinance be read 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. Council also directed staff to remand this matter back to the Planning Commission to consider a possible specific treatment, including properties zoned A-I; to develop a plan with input from the neighbors, and to report back to the City Council on August 21. UNFINISHED BUSINESS - None ST AFF REPORTS 23. Response to comments made during Oral Communications, March 20, 2007 by Grace and Tony Toy. Director of Parks and Recreation Therese Smith stated that there had been many inaccuracies in the Toy's comments at the March 20,2007 meeting concerning the Sports Center and she referred Council to the 27-page staff report prepared in response to these inaccuracies. She further stated that management of the facility, charges, accessibility and the terms of conducting business in a public facility were all very important issues and ones that she believed were well addressed regarding the Sports Center. Ed Hirshfield noted that he was a long time participant in the Cupertino Tennis Club and he thanked Council for their support of the Sports Center. He believed the complaints registered by only two people in the last ten years were destructive to the public interest and had cost the city a lot of staff time and money. Grant Gower, past president of the Cupertino Tennis Club, thanked Council and the Parks and Recreation Department for their assistance and support. He believed the Sports Center was an excellent asset in the community. He particularly referred to the summer tournament which included over 400 participants and in 2005 and 2006 had been named 'the tournament of the year'. Mr. Gower also commented on the excellent customer service provided by the staff. April 3, 2007 Cupertino City Council Page 9 Bob McCord, President of the Cupertino Tennis Club, defended the scheduled use of the tennis courts and said there were no priority uses. He also noted that per the requirements of the club approximately 82% were Cupertino residents. Mike Wilkens, past president of the Cupertino Tennis Club, noted that league players had to be annual pass holders at the Sports Center. He further stated that the staff was efficient and courteous and Lifetime tennis was an excellent program. 24. Report on Cupertino Recognizes Extra Steps Taken (CREST) sub-committee findings. (No documentation in packet). Public Information Officer Rick Kitson reported that two recommendations had been made concerning the Crest A wards. First the nomination process had been strengthened to include letters of support. Second, it was agreed that members of city commissions could participate in the selection process even if one of their commission members was nominated. Kitson noted that the Crest Awards were scheduled for Wednesday, May 16th at 7:00 p.m. in the Council Chambers. COUNCIL REPORTS Sandoval handed out a copy of the Executive Report for the Santa Clara Valley Transportation Authority Organizational and Financial Assessment by the Hay Group, dated March 2007. Sandoval also noted that the next VT A Board discussion would include proposed changes regarding routes and fees. Sandoval asked Council to schedule a presentation by VT A representatives to discuss the Comprehensive Operational Analysis. Council members noted the following events: April 23 - fundraiser opening for new theatres at Vallco; April 27 - West Valley Senior Walk at Valley Fair; April 28 - Annual Shredding Day at the Civic Center, 9:00 a.m. to noon; and June 30 - opening of new Whole Foods Market. ADJOURNMENT At 11 :03 p.m. the meeting was adjourned. 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.