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CC 05-15-07 rI CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 15, 2007 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. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENT A TIONS 1. Presentation from the Foothill-De Anza College District regarding partnership opportunities and facilities improvements funded by Measure C bonds. (No documentation in packet). Chancellor Martha Kanter distributed a packet of information to the Council members regarding all of the activities the District is currently engaged in with the City of Cupertino. She noted that De Anza College is celebrating its 40th anniversary and the District is celebrating its 50th anniversary in the fall. She invited Council and the community to a lecture on September 20 regarding intergenerationallearning. Kanter, De Anza College President Dr. Brian Murphy, and Vice President of the Foothill - De Anza Board of Trustees Bruce Swenson, made a PowerPoint presentation on different aspects of the colleges, including demographics and Measure C bond renovations and construction. City Manager David Knapp listed the partnership opportunities between the District and the City including: environmental issues; Block Leader program, internships, college bookstore as an economic development opportunity; flea market; possibility of splitting overhead costs for sheriffs services; new revenue sources including an entertainment tax on Flint Center box office tickets for increased library hours; and resolving traffic issues on Stevens Creek Blvd. Council members urged continued partnership with the District, including reducing traffic in environmentally friendly ways, and working on environmental sustainability, emergency preparedness, and the Historical Society. May 15, 2007 Cupertino City Council Page 2 2. Recognize Sheriffs Office efforts of May 4, in dealing with a suspicious package at the Cupertino Post Office. (No documentation in packet). Mayor Kris Wang presented a proclamation to Captain Terry Calderone. He noted that it was a cooperative effort of all parties involved, including the Post Office and the City, and provided an opportunity to put their training to work. 3. Proclamation for National Public Works Week in Cupertino, May 20-26. (No documentation in packet). Mayor Wang presented a proclamation to Assistant Public Works Director Glenn Goepfert. 3A. The Mayor added an item regarding a presentation from students returning from Hsinchu. Vice President of the Hsinchu Sister City Association Janice Sung said that the students enjoyed their trip and learned many things. Students Nicolas Argure, Phillip Lee, Jackie Maslyn, Oliver Chiang, and Andrew Tsin talked about their experiences: 4. E-services presentation regarding On-line Permits. (No documentation in packet). Building Official Greg Casteel demonstrated the on-line permitting and licensing functionality on the City's web site, and explained that the process could be used to pay permits, check on the status of plans, note the inspections required for a particular permit, request a new inspection, and pay fees for a particular permit. He noted that all of the information is public, but there are passwords that can be added for some security. He said the on-line service saves time so that people don't have to call or come down in person. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items at the meeting: . A letter dated May 11 from attorney Jeffrey Widman regarding item number 13, petition for reconsideration . Handout regarding item number 15, retirement benefits ORAL COMMUNICATIONS Deborah Hill read a letter regarding traffic in Cupertino noting that there are too many accidents that occur, especially with bicycles. She encouraged Council to keep the roads safe. May 15, 2007 Cupertino City Council Page 3 E.J. Conens reminded people to remember those killed in service to our country on Memorial Day. He also expressed frustration with business signs in Cupertino being in a language other than English. He asked Council to require that non-English signs be smaller. Happy Cohen suggested that, when the flags at the Community Hall are flown at half-mast, a notice is posted explaining the reason and for how long. He also suggested that meeting announcements be posted in the Library. CONSENT CALENDAR LowenthallSandoval 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 May 1 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for April 27 and May 4, Resolution Nos. 07-081 and 07-082. 7. Adopt a resolution accepting Payroll for May 4, Resolution No. 07-083. 8. Accept the Treasurer's Investment Report for March 2007. 9. Adopt a resolution approving a grant of easement for roadway purposes, Leona Sy and Frederick Ty, 10824 Bubb Road, APN 362-02-028, Resolution No. 07-084. The owner grants 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. 10. Adopt a resolution approving an improvement agreement, Cupertino Homes, LLC, Jollyman Lane/Orline Court, APN(s) 359-22-060, 359-22-061, Resolution No. 07-085. Through an improvement agreement with the City for a single-family development building permit, this applicant 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. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS - None UNFINISHED BUSINESS - None May 15, 2007 Cupertino City Council Page 4 NEW BUSINESS 11. Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Proiect grant funding from the Metropolitan Transportation Commission in the amount of $31,982.00 for the Mary Avenue Bicycle Footbridge, Resolution 07-086. Assistant Public Works Director Glenn Goepfert reviewed the staff report. KwoklLowenthal moved and seconded to adopt Resolution No. 07-086. The motion carried unanimously. 12. Solid waste agreements with Santa Clara County: a) Adopt a resolution to approve the First Amendment to the Agency Agreement for Countywide AB939 Implementation Fee, Resolution 07-087 b) Adopt a resolution to approve the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program, Resolution No. 07- 088 Assistant Public Works Director Glenn Goepfert reviewed the staff report. Mahoney/Lowenthal moved and seconded to adopt Resolution Nos. 07-087 and 07-088. The motion carried unanimously. 13. Consider a Petition for Reconsideration of the City Council's decision to deny the proposed balcony on the west side of the rear elevation, Application Nos. R-2006-08, RM-2006-13, Cliff Cowles (Moigani residence), 21180 Grenola Avenue, APN 326-28- 057, Resolution No. 07-089. Senior Planner Aki Snelling reviewed the staff report via a PowerPoint presentation. Mr. Mojgani said that the City should tell them what else must be done in order for them to keep their proposed balcony. He asked how their proposed project was different from similar projects that had been approved. Attorney Jeff Widman said that Cupertino's ordinance is detailed and sets correct policy, but that Council hasn't followed that policy. He said that the goal of the permit requirement is to address privacy protection to the greatest extent while still allowing the outdoor deck. He said that the applicants don't understand what the standards are or the reasonable adjustments that Council wants. He suggested that Council grant reconsideration and have staff work out a new design with the applicants to satisfy the neighbors. Jessica Rose said that Mr. Widman should look at all that has been done since July at both the Planning Commission and City Council meetings. She noted that many May 15, 2007 Cupertino City Council Page 5 suggestions were made about how to change the plans, and the Mojganis had many opportunities to follow those suggestions. She urged Council to not grant the reconsideration hearing. Elena Herrera said that there is a lot of documentation showing the City's attempts help to the Mojganis with their plans. She said that it is clear that a permit must be submitted and can be denied. She talked about reasonable mitigation of privacy and said that in all of the Planning Commission and City Council meetings, the landscape requirements were very favorable to the Mojganis, specifying the height and spacing requirements. Deborah Hill urged Council to not continue the project. Mrs. Mojgani said that emails would show the dates that everything was submitted to staff, and that the Planning department was supposed to work with them to provide a proper plan. Director of Community Development Steve Piasecki noted that more time had been spent with these applicants than any other. He noted that Council approved the project so they could begin to build their house and said that they could come back with another application for the balcony, which was denied. City Attorney Charles Kilian noted that building permits couldn't be issued until the petition issue is resolved, and that there is a 90-day statute of limitation to bring an action in court. He recommended that the petitioners write a letter of assurance to the City that they accept the Council opinion, or wait 90 days to get permits. SandovallLowenthal moved and seconded to adopt Resolution No. 07-089. The motion carried unanimously. 14. Approve the third mid-year budget adiustment for fiscal year 2006/07. Administrative Services Director Carol Atwood reviewed the staff report. KwoklLowenthal moved and seconded to approve the mid-year budget adjustment as recommended by staff. The motion carried unanimously. 15. Adopt a resolution of intention to approve an amendment to the contract between the California Public Employees' Retirement System Board of Administration and the City Council of the City of Cupertino, Resolution No. 07-090. Administrative Services Director Carol Atwood reviewed the staff report. LowenthallSandoval moved and seconded to adopt Resolution No. 07-090. The motion carried unanimously. May 15, 2007 Cupertino City Council Page 6 ORDINANCES 16. Conduct the second 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." LowenthallMahoney moved and seconded to read the ordinance 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. LowenthallSandoval moved and seconded to enact Ordinance No. 07-2002. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Council was in recess from 9:02 p.m. to 9:07 p.m. ST AFF REPORTS 17. Consider options with regard to abandoned sho{>ping carts. Community Development Director Steve Piasecki reviewed the staff report via PowerPoint presentation. He noted that a full report would be brought back to Council in three months. Jennifer Griffin said that in San Jose, residents would call a phone number to come retrieve any stray carts. She noted that the residents in Rancho Rinconada are very active in calling the stores directly to come retrieve the carts. She said she the liked the locking wheel mechanism idea, and that making the businesses aware of the problem is also a good idea. She said that the City might be able to provide shopping carts for people without cars at a minimum cost. LowenthallSandoval moved and seconded to accept staff s recommendation. The motion carried unanimously. 18. Preview of Parks and Recreation items to be considered in the Capital Improvement Proiects (CIP) budget: a) Quinlan Center fountain replacement b) Sports Center pool replacement c) McClellan Ranch Facility improvements d) Rancho Rinconada neighborhood park May 15, 2007 Cupertino City Council Page 7 Parks and Recreation Director Therese Smith reviewed the staff report and showed a PowerPoint presentation on the fountain and Rancho Rinconada Park, and distributed a handout regarding the Sports Center Pool options. Jennifer Griffin said that the Parks and Recreation Department had been a delight to work with. She recognized, Pat Bustamante who had worked so hard to make the park happen. She said that the Rancho Rinconada community embraces the park and that it will be a great community asset. Council discussed the need for more options for the Quinlan Center fountain replacement. They made the following comments: there is too much concrete; it is not in the spirit of Memorial Park; ideas included an event area, a nature area, an environmentally friendly area, keep it as a water feature, or repair it. Council also asked staff to bring back the Corridor project budget. City Manager David Knapp said that the fountains outside the library were currently shut down in so staff could add a component that would kill any harmful organisms. 19. Report on red light running prevention project. (No documentation in packet). Captain Terry Calderone gave a report via a PowerPoint presentation. He outlined the aspects of the new red light running system. Council received the report. 20. Report on Longs Drug Store at the Market Place. (No documentation in packet). Community Development Director Steve Piasecki clarified that the City agrees that the Longs Drug Store is a community asset, but stressed that the City has no power over private businesses opening or closing. Jennifer Griffin said that she uses the Longs frequently, and it would be inconvenient if the store were relocated. She said she resents the removal of the store because it's an anchor store of the Marketplace shopping center. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:31 p.m. the meeting was adjourned to May 22 for commission interviews of the Audit, Bicycle Pedestrian, Community Development Block Grant, Housing, and Teen Commissions. The meeting will be held in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, at 3:30 p.m. May 15, 2007 Cupertino City Council Page 8 r-" n \ \.~c~'W( (It' 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 Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupeliino.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.