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CC 05-01-07 r:I APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 1, 2007 CUPERTINO ROLL CALL At 6:02 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal (6:15 p.m.), Orrin Mahoney, and Dolly Sandoval. Absent: none. CLOSED SESSION 1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, regarding sale of property located at San Juan Road in Cupertino and Ontario Drive in Sunnyvale. (No documentation in packet). At 6:02 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. The City Attorney announced that Council had directed the City Manager and the Public Works Director to negotiate prices along the lines discussed in closed session. 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. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENT A TIONS Mayor Wang re-ordered the ceremonial matters and presentations as follows: 2. Proclamation for Los Altos Garbage Company. (No documentation in packet). Mayor Wang presented a proclamation to John Zirelli, General Manager of Los Altos Garbage Company, commending Los Altos Garbage Company for its significant contributions to the Cupertino community, and especially for its support of the recent Cupertino Beautification Program. May 1, 2007 Cupertino City Council Page 2 5. Proclamation for Cupertino High Senior Cosmo Jiang, who was selected as a semifinalist in the Presidential Scholar Program. (No documentation in packet). Mayor Wang presented the proclamation to Mr. Jiang commending him for his many significant educational accomplishments. 3. Presentation from the Valley Transportation Authority (VT A) on the comprehensive operations analysis. (No documentation in packet). Jim Lawson, representing VT A, presented an overview of the meetings scheduled with cities on the comprehensive operations analysis, the implementation of suggestions made by the consultants, the budget workshops, and the improved delivery of services. Ann Carey, Executive Assistant to the VT A General Manager, commented on the services provided by the VT A (transportation planning, construction and transit services) and the challenges they faced (financial stability and underutilization of the light rail and bus systems). She noted that an organizational and financial assessment had been completed as well as a proposed biennial budget that included transit operations, the congestion management program and the capital program. Ms. Carey stated that the goals and objectives of the VT A were: improve and broaden relationships, deliver capital programs, achieve financial stability and increase ridership. Kevin Connolly, VT A Manager of Transit Planning, commented on the comprehensive operations analysis that included: policy development, data collection and analysis, analysis of existing operations and public hearings and outreach. He noted the goals were to improve ridership, to achieve higher fare box recovery, to provide greater responsiveness to customers and to achieve an effective use of transit investments and resources. Mr. Connolly also addressed route changes proposed for Cupertino. 4. Vallco update. (No documentation in packet). Mayor Kris Wang announced that Vallco was now officially called Cupertino Square. She noted that the AMC theatres had opened and already been the site of several fundraisers and special events. She said that Strike Bowling Alley was scheduled to open this summer. POSTPONEMENTS The City Clerk said that there were requests to continue two items to June 5: 10. Housing mitigation fees 12. Zone Change on Homestead Road Council noted that the Housing Mitigation Fees item had been continued before, and asked the Chamber of Commerce representative to comment on this request for a further continuance. May 1, 2007 Cupertino City Council Page 3 Scott Stauffer, Chamber of Commerce President, stated they were confident they would have their report done by June 5. They were working with staff to understand what was specifically being proposed and were evaluating what was best for the businesses and the city. Mahoney/Lowenthal moved and seconded that items 10 and 12 be continued to June 5. The motion carried unanimously. The City Clerk said that there were requests to remove two items from the agenda: 14. Third amendment to an agreement with the Santa Clara Valley Water District. Sandoval/Lowenthal moved and seconded to table item 14. The motion carried unanimously. 16 Appeal by Jay Kamdar regarding Revocable Encroachment Permit for a fence Kwok/Mahoney moved and seconded to (1) Table this item, since the appellant had withdrawn his appeal; and (1) Direct staff to place an item on the May 10 Council work session to discuss policies and procedures regarding the appeal of administrative decisions. The motion carried unanimously. WRITTEN COMMUNICATIONS . Letter dated May 1 from the Silicon Valley Association of Realtors regarding Heritage and Specimen Trees, offering suggestions for the proposed ordinance (Item No. 11) . Print-outs of the PowerPoint presentation by staff regarding item No. 11 . Email dated April 26 from Jay Kamdar withdrawing his appeal regarding an encroachment permit for a fence (Item No. 16) ORAL COMMUNICATIONS The following Boy Scouts from Troop 494 at Kennedy Middle School addressed the Council on a variety of safety issues: Nikil Srinivasan, Prameeth Kolloreddy, Neel, Aneesh Samudrala, Tim Trankle, Ben Alharts, Ajay Agarwal, Nicholas Wong, Adnan Hamini, Vicram Mohan, Abhjaat Kelkar, Akash Agrawal, Ashman Tyer and Sandeep Adam. The issues they addressed included: the railroad crossing at Torre A venue, bicycle and pedestrian concerns at Lincoln and Monte Vista, gate closure at Blackberry Farm, the safe disposal of fluorescent lights (suggestion made that Los Altos Garbage Company pick them up), need for three-way stop at September and McClellan; and consistent spelling of the Weymouth Street signs. Viren Singh commented that he did not agree with the selling of company lands for housing as he felt this adversely affected the community. Jennifer Griffin asked Council to save the Victorian house at 10885 N. Stelling Road. She commented on its historical significance and noted that it had been built by Enoch Parrish. She suggested that it could be moved off its current location and used by the City as a History House. May 1, 2007 Cupertino City Council Page 4 CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok (abstained on item 6), Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 6. Approve the minutes from the April 17 City Council meeting. 7. Adopt resolutions accepting Accounts Payable for April 13 and 20, Resolution Nos. 07- 070 and 07-071. 8. Adopt a resolution accepting Payroll for April 20, Resolution No. 07-072. 9. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and setting hearing for June 5 for objections to proposed removal, Resolution No. 07-073. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None RECESS - the Council was in recess from 8:30 p.m. until 8:40 p.m. PUBLIC HEARINGS 10. Consider adopting a resolution approving housing mitigation fees. (Continued from April 3). Under Postponements, Mahoney/Lowenthal moved and seconded that this item be continued to June 5. The motion carried unanimously. 11. Consider a Municipal Code Amendment of Chapter 14.18 (Heritage and Specimen Trees), Application No. MCA-2006-02, City of Cupertino, Citywide. (Continued from April 3). Conduct the first reading of Ordinance No. 07-2001: "An Ordinance of the City of Cupertino Amending Chapter 14.18 of the Municipal Code related to Protected Trees." The City Clerk distributed: (1) a letter dated May 1 from the Silicon Valley Association of Realtors regarding Heritage and Specimen Trees, offering suggestions for the proposed ordinance, and print-outs of the PowerPoint presentation by staff. Councilmember Lowenthal noted that he had trees on his property that could be affected by this ordinance and he questioned whether he had a conflict of interest. The City Attorney stated that there was an exception to the conflict of interest code that said if a Councilmember was in the same category as a large segment of the community it was not a conflict of interest. May 1, 2007 Cupertino City Council Page 5 Senior Planner Aki Snelling presented the staff report using a PowerPoint presentation. The principal concerns were: Trees removed without first seeking permission; need to simplify the approval authority and process; evaluation of the list of protected trees; and noticing. Snelling reviewed the fundamental changes recommended by the Planning Commission, which included: Changes to the protected tree list; a prescriptive tree replacement table; in-lieu fees; tree removal permit authority given to the Community Development Director except for heritage trees or removals with development applications; a tree management plan and noticing requirements; retroactive tree removals and associated fees; and designation of heritage trees. Snelling also discussed the penalties that could be imposed, and summarized earlier public comments. Kathy Stakey, representing the Chamber of Commerce Legislative Action Committee, believed that rear yard tree removals were an intrusion of property rights. Ms. Stakey also did not agree with adding the Bay Laurel and the Western Sycamore trees to the protected tree list. In section 14.18.040 of the proposed ordinance it stated the Planning Commission may designate heritage trees and Ms. Stakey noted that she thought the Planning Commission was a recommending body to the Council. Regarding Section 14.18.170 Ms. Stakey suggested that it should refer to the Board of Directors of a homeowners association rather than the association, as votes of the entire association could be time-consuming and costly. In conclusion Ms. Stakey believed in-lieu fees were a disservice to the community. Sherry Fang questioned how the Council and staff would keep track of the removed trees. She was not in favor of the tree management plan or in adding to the protected tree list. James Welsh, Commercial Tree Care, said that residents often did not want to get the permits required for tree removal because of the costs, so they arranged to do the work without permits. Mr. Welsh recommended making the permit fees more reasonable and educating the public. He stressed the damage that can be done when trees are improperly removed, trimmed or topped, and believed fines should be imposed for this action. Jennifer Griffin urged the Council to protect the trees in Cupertino since they were important for maintaining the green canopy in the city. She supported adding the Bay Laurel and Western Sycamore to the protected tree list; supported protecting oak trees and supported protecting trees in front and back yards. Ms. Griffin also encouraged Council to require stout fencing around construction sites to protect trees. Adam Montgomery, representing Silicon Valley Association of Realtors, commented on the in-lieu fees and the requirement to replace dead trees. He also recommended that owners be notified before a tree on their property was designated a heritage tree. May 1, 2007 Cupertino City Council Page 6 Council concurred to continue this item for one month and to direct staff to make changes to the draft ordinance and return for first reading. The changes discussed at the meeting were as follows: . list each species specifically . change from city arborist to certified arborist . require whole city informational postcard or letter of the updated ordinance once the ordinance becomes effective . notice to be sent to 500 feet radius or two houses in every direction, whichever is farther . location of replacement trees determined by staff working in conjunction with property owner; that decision can be appealed to City Council . in-lieu fees must be used for tree-related purpose; money must be spent within five years. 12. Consider a zoning change, 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 April 3). Applicant requests a further continuance to June 5. (No documentation in packet). Under Postponements, Mahoney/Lowenthal moved and seconded that this item be continued to June 5. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 13. Conduct the first reading of Ordinance No. 07-2002: "An Ordinance of the Cupertino City Council amending Section 11.24.170 of the Cupertino Municipal Code Relating to Parking Limitations on Certain Streets, Torre Avenue Between a Point 725 Feet North of Pacifica Drive and a Point 680 Feet North of Pacifica Drive, and Between a Point 680 Feet North of Pacifica Drive and a Point 400 Feet North of Pacifica Drive to Provide for Two 20-minute Spaces and Twelve 2-Hour Spaces Between 8:00 a.m. and 5:00 p.m. Monday Through Friday." Ron Miller, Chair of Cupertino Library Commission, spoke in favor of this ordinance. The City Clerk read the title of the ordinance. Lowenthal/Sandoval 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. 14. 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 in an amount not to exceed $156,000, Resolution No. 07-074. (Continued from March 20). May 1, 2007 Cupertino City Council Page 7 Sandoval/Lowenthal moved and seconded to table item 14. The motion carried unanimously. 15. Consider a Petition for Reconsideration of the City Council's decision 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 Cymbal (Westfall Engineers), 21871 Dolores Avenue, APN 357-14-026. The petitioners are Tracy Hsu and Suejane Han. Adopt a resolution to either: a) Deny the rehearing, Resolution No. 07-075; or b) Grant the rehearing, Resolution No. 07-076; or c) Approve the application if rehearing is granted, Resolution No. 07-077 Jitka Cymbal, representing the petitioners, commented on the previous discussion concerning flag lots and side-by-side lots and stated that side-by-side lots were more prevalent in the neighborhood than flag lots. She also noted that there were only three lots in the neighborhood that were of a similar size with similar development opportunities. Cindy Hsu and Rachel Chang stated their support of side-by-side lots. Jennifer Griffin stated her support in this case of a flag lot rather than the creation of two substandard width lots, potentially 30 feet wide and 125 feet long with minimal side setbacks. If side-by-side homes were approved she recommended the house sizes be constrained. Suejane Han and Tracy Hsu, co-owners of the parcel, commented that a majority of the adjacent neighbors were in favor of side-by-side homes for this subdivision. They further noted that most of the lots in this neighborhood were narrow and their design plans included protection of the trees on the property. Council discussed the request before them and the City Attorney's report on the findings required for reconsideration. The basic question was whether or not any new evidence had been presented at this meeting. Mahoney/Kwok moved and seconded to adopt Resolution No. 07-075, to deny the rehearing. The motion carried 3-2, with Sandoval and Lowenthal voting no. 16. Consider adopting a resolution upholding the City Manager's designated Hearing Officer's decision to deny an appeal by Jay Kamdar regarding the issuance of a Revocable Encroachment Permit by the Director of Public Works for the installation of a fence adjacent to 10060 Carmen Road, Resolution No. 07-078. The City Clerk distributed an email dated April 26 from Jay Kamdar withdrawing his appeal. May 1, 2007 Cupertino City Council Page 8 During Postponements, Kwok/Mahoney moved and seconded to (1) Table this item, since the appellant had withdrawn his appeal; and (1) Direct staff to place an item on the May 10 Council work session to discuss policies and procedures regarding the appeal of administrative decisions. The motion carried unanimously. ORDINANCES 17. Conduct the second reading of Ordinance No. 07-2000: "An Ordinance of the Cupertino City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family Residential Zones (Rl) Regarding Buildings Proposed on Properties with an Average Slope Equal to or Greater than Fifteen Percent, Application No. MCA-2006-0 I." (Continued from April 17). Patrick Kwok stated for the record that although he was not at the meeting when this was last discussed, he did read the staff report and watch the videotape of the meeting. Community Development Director Steve Piasecki noted that at their April 17 meeting Council had continued this item to allow the neighbors to reach some agreement on the RI hillside zoning issue. Piasecki said that staff had not had the opportunity to fully review their suggestions, but he highlighted them and their possible ramifications. Mark Santoro (speaking also for Suzette Pangrle, Sherry Fang, and Frank Sun) stated that a lot of information had been received from the neighbors, and the consensus was that they did not want to be separated from the rest of the city; they wanted the issue resolved tonight; they did not want spot zoning; they did not want the matter to go back to the Planning Commission; they wanted to stay RI; and they believed there was confusion regarding the 10% line. They were requesting that Section 19.28.050, Section CI and C2 of the RI ordinance be removed and replaced with the following: The following rules apply to buildings whose slope within the footprint of the proposed building are over 15%: 1) allowable floor area be reduced by 1 % for each percentage of slope over 15% within the building footprint. The maximum floor area reduction shall be 50%. and 2) in order to reduce the footprint of buildings on hillsides the size of the second floor of a two story building may exceed the 45% RI limit however it shall not exceed 100% of the first floor. Mr. Santoro concluded that the recommendation of the north side (including some members of the south side) was to remove Section 19.28.050, Sections C 1 and C2 from the RI Ordinance. However, they were willing to accept the south side's proposal. James Seay noted that their home was built in 1979 and he currently wanted to do a remodel which would include an elevator. He would be negatively impacted by this ordinance. Bob Rodert questioned what the problem was with the current ordinances. He could not support changes that were not directed at solving specific community-wide problems. He recommended maintaining the current ordinances. May 1, 2007 Cupertino City Council Page 9 Emily Maslyn supported adopting the ordinance before Council. She noted that their property was near a creek bed not a hillside and this process was holding up their building permi t. Ron Berti commented that the neighbors had tried to work together and they should be given the opportunity to continue to try to reach consensus. He did believe the hills should be treated differently and did not support adopting the ordinance before Council. Jim Holl noted that his house had been built in 1971 and should be designated RI. There was no reason for the overlay and the area should not be separate. Furthermore, he did not think this issue should be sent back to the Planning Commission. Jennifer Griffin expressed her concern about the possible loss of second story setbacks and questioned whether this would be setting a dangerous precedence. The City Attorney noted that legally Council was unable to take action on any recommendations made at tonight's meeting. Any new ordinance changes would need to be noticed (including the agricultural properties) and sent back to the Planning Commission for review. The only issue before Council at this meeting was adoption of the ordinance on this agenda. Council commended the neighbors for working together on this issue and suggested that their recommendations and comments be reviewed by staff and the Planning Commission in a study session format to facilitate better communication between all parties. Mahoney/Kwok moved and seconded to read the Ordinance No. 07-2000 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Mahoney/Kwok moved and seconded to enact Ordinance No. 07-2000. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ST AFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. May 1, 2007 Cupertino City Council Page 10 ADJOURNMENT At 12:18 a.m., the meeting was adjourned in the memory of Linda Uno Sum, a community member and volunteer, to Thursday, May 10 at 3 :00 p.m. for a Council team-building session, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. 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.