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CC 06-05-07 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 5, 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 - PRESENTATIONS Mayor Wang pointed out two science exhibits on display in the lobby of the Council Chambers that were created by Cupertino students. Bruce Kawanami, an engineering instructor at Monta Vista High School, explained that one of the exhibits, by Sushant Sundaresh, was a microbiology project regarding artificial symbiosis. The other exhibit was by Eric Casavant and Alex Marshall regarding the direct detection of dark matter. These students had competed locally and won trips to the international science fair, joining over 1500 students there, and each of these projects had won awards. 1. Proclamation for Green Businesses in Cupertino. (No documentation in packet). Mayor Wang presented the proclamation to the following individuals: · Deva Luna, Earthcare Landscaping · Jim and Mary Payne, The Driving Machine · Carol Matteson, Matteson Web Solutions · Sandy Throne, ClutterPros . Mark Bums (President) and Paul Cardus (CEO), Silicon Valley Association of Realtors · Pamela Moore Cupertino library . Ralph Qualls, Cupertino City Hall, Community Hall and Cupertino Library POSTPONEMENTS Item No. 11, housing mitigation fees, was continued to June 19 at the request of staff. June 5, 2007 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS . An addendum to item No. 11, housing mitigation fees, dated June 4, from the Community Development Director . A letter dated June 4 from the Cupertino Chamber of Commerce regarding No. 11. . A letter dated June 4 from Deborah Jamison regarding item No. 17, the McNair property . A letter dated June 2 from the Armanini Family Fund regarding item No. 13, a rezoning on Homestead Road. ORAL COMMUNICATIONS - None 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: None. 2. Approve the minutes from the May 10, 15, and 22 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for May 11 and 18, Resolution Nos. 07- 091 to 07-092. 4. Adopt resolutions accepting Payroll for May 18 and June 1, Resolution Nos. 07-093 to 07-094. 5. Accept the Treasurer's Investment Report for April 2007. 6. Approve applications for an Alcoholic Beverage License: a) Whole Foods Market California Inc., 20955 Stevens Creek Blvd. (Previously Anderson Chevrolet site) b) Sushi Tatsumi, 19754 Stevens Creek Blvd. (Marketplace Shopping Center) 7. Adopt resolutions approving a Maintenance Agreement: a) Cupertino Housing Partners LLC, 19507 Stevens Creek Boulevard, APN 316-20- 087, Resolution No. 07-095 b) Cupertino Financial Center Partners LLC, 10080 N. Wolfe Road, APN 316-20- 086, Resolution No. 07-096 Through an agreement with the City, the property owners of these residential and office developments will be required to maintain all non-standard items within the City's right of way (landscaping). June 5, 2007 Cupertino City Council Page 3 8. Adopt a resolution approving an improvement agreement, Emilio J. Francisco and Fatima M. Francisco, 10130 Santa Clara Avenue, APN 326-14-014, Resolution No. 07-097. 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. 9. Adopt a resolution approving a grant of easement for roadway purposes, Emilio J. Francisco and Fatima M. Francisco, 10130 Santa Clara Avenue, APN 326-14-014, Resolution No. 07-098. 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. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 10. Conduct the first of two public hearings regarding the 2007/08 budget. City Manager Dave Knapp reported on the proposed 2007-08 budget. He noted that it was a balanced budget in which revenues were up, in part due to the Fiscal Strategic Plan adopted by Council, and in which the line was being held on expenditures. He commented on the change in State Law last year that resulted in a more equitable distribution of property taxes. This resulted in an additional $1.35 million for the city. He also noted that all departments were below budget and that it had been a low crime year which would result in Sheriffs contract funds being returned to the city. The City Manager added that full staffing was provided for in this proposed budget and commented on the city's dependency on sales tax. In conclusion he listed several of the proposed expenditures outlined in the budget. The following spoke in favor of support for the Cupertino Veterans Memorial: Corky Axelson, Donna Axelson, Jim Black, project manager of the Cupertino Veterans Memorial, Barry Chang and Dennis Whittaker. They noted that this was a $500,000 project and half of that money had been raised to date. The dedication was scheduled for November 11,2007 and a brief summary was given of the project. There was discussion about the various costs involved including lighting, landscaping and grading. Their request to Council was for waiver of the permit fees and financial support for the landscaping. Julia Miyakawa noted that on October 13, 2007 the 37th Tournament of Bands would take place and she was requesting a waiver of the permit fees for this event. She also noted that 100% of their net proceeds went to band and music programs. It was agreed that staff would meet with Ms. Miyakawa to discuss a possible overpayment in fees made last year. June 5, 2007 Cupertino City Council Page 4 Scott Stouffer, President - Chamber of Commerce, commented on the Fall Festival which was the result of a combined effort of the Chamber, the Rotary and the City. He requested festival support, including that the city agree to pay for Parks and Recreation staff to work at the festival. Kathy Stakey, representing Friends of the Cupertino Library and a Library Commissioner, asked for support of the library, specifically reopening the library on Mondays. Ruby Elbogen asked for support of the repair of the Quinlan Fountain. Jennifer Griffin thanked the Council for their support of two new parks in the city: the Sterling Barnhart Park and the Lawrence Park. Council discussed budget issues raised at the previous study session and at this public hearing. Council agreed to budget $55,000 for city permit fees and landscaping for the Cupertino Veterans Memorial project. Council discussed the Chamber's request for additional staff at the Fall Festival. Staff noted that this cost would be approximately $2,000 to $3,000 but it was also noted that once this opportunity was opened for one group, all other groups would be able to make such a request. Council agreed to look at this issue again at the next hearing. Regarding the library, Council noted that extra hours were in the proposed budget but that this was a costly budget item. The issue of bus transportation for students during school hours was discussed. Several issues were raised including the safety of the students, the need for current traffic data, the implementation of a pilot project, a city-wide survey to determine support for such an undertaking and the need for expertise from a transportation consultant. Council agreed to keep the currently budgeted $250,000 for traffic issues related to the running of red lights and to change the designated use to traffic safety. The specific uses for this money would be determined at a later date. Vice-Mayor Kwok asked Council for support in reinstating Cupertino Day. This event which traditionally included a barbeque at Blackberry Farm for all residents had been stopped a couple of years ago. Staff noted that Memorial Park was not large enough for such an event and suggested holding a Cupertino Day celebration when Blackberry Farm reopened. No action was taken on this issue. The public hearing was continued to June 19. June 5, 2007 Cupertino City Council Page 5 RECESS 9:05 p.m. - 9:15 p.m. 11. Consider adopting a resolution approving housing mitigation fees, Resolution No. 07- 099. (Continued from May 1). Under "Postponements," Lowenthal/Sandoval moved and seconded to continue this item to June 19, as requested by staff. The motion carried unanimously. Mayor Wang re-ordered the agenda to discuss item No. 14 next. NEW BUSINESS 14. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 07-073, Resolution No. 07-100. City Clerk Kimberly Smith said that the packet included a letter from James and Stamatina Stallcop which stated that they had cleared their property of brush, but if additional changes were needed, they would be out of the state for a couple of months. Kwok/Mahoney moved and seconded to adopt Resolution No. 07-100, ordering the abatement of a public nuisance (brush). The motion carried unanimously. PUBLIC HEARINGS (continued) 12. Consider a Municipal Code Amendment of Chapter 14.18 (Heritage and Specimen Trees), Application No. MCA-2006-02, City of Cupertino, Citywide. (Continued from May 1). First reading of Ordinance No. 07-2003: "An Ordinance of the City of Cupertino Amending Chapter 14.18 ofthe Municipal Code related to Protected Trees." Community Development Director Steve Piasecki listed the proposed amendments to the protected tree ordinance: list each species of trees in the protected tree list; change references from 'city-approved' arborist to 'certified' arborist; send an informational postcard or letter of the updated ordinance soon after the ordinance becomes effective to all posted addresses in the city; amend the noticing section to require notices to be sent within a 500-foot radius or two houses in each direction from the exterior boundary of the subject property of the tree removal, whichever allows for a greater noticing of surrounding property owners; modify language to allow staff to work in conjunction with an applicant/property owner to determine the location of replacement trees; and in-lieu fees must be used for tree-related purposes and shall be spent/used within five years to install trees on public property. Jennifer Griffin thanked Council for their support of this tree ordinance and their recognition of the value of the city's trees. She urged that steps be taken to preserve native oak trees, especially the west coast native oaks. She did not want to see any oaks excluded from the list. June 5, 2007 Cupertino City Council Page 6 The City Clerk read the title of the ordinance. Kwok/Mahoney 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. 13. 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 May 1): a) Negative Declaration b) Rezoning of a 2.2-gross acre site from Planned Development (Recreation, Entertainment, Limited Commercial) to CG (General Commercial) First reading of Ordinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.2 Gross Acres From P (REC, Enter, Ltd Com) To CG Located at 20916 and 20956 Homestead Road Application Z-2006-06. City Clerk Kimberly Smith distributed a letter dated June 2 from the Armanini Family Fund in which they stated that they had received several bids for the repair and re-striping of their parking lot as well as for the painting of the exterior of their building. Community Development Director Steve Piasecki noted that Council had wanted to see improvements made to this property and better maintenance of the property before they considered the rezoning issue. Staff s recommendation at this time was for Council to continue this public hearing until all the improvements were completed or to require the applicant to provide a cash deposit prior to the second reading of this ordinance to ensure timely completion of the improvements. Eric Huang, one of the property owners, referred to his May 30th letter which outlined the improvements they planned to make, including lighting, painting, repaving, landscaping, improved maintenance and removal of graffiti. Carol Matteson, one of the property owners, stated that they were committed to the repainting and repaving but thought the landscaping on Homestead was sufficient. It was agreed that Ms. Matteson would work with staff concerning an improvement to the landscaping on Homestead. City Attorney Chuck Kilian suggested that they do the first reading tonight, and continue the second reading to September 4 to allow the applicant time to complete the work. At that time the matter could be continued again if necessary. Lowenthal/Sandoval moved and seconded to adopt a Negative Declaration and approve the application. The motion carried unanimously. June 5, 2007 Cupertino City Council Page 7 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. Lowenthal/Sandoval moved and seconded to hold the second reading of this ordinance on September 4,2007. UNFINISHED BUSINESS - None NEW BUSINESS 15. Consider sustaining Code Enforcement's denial of Massage Permit Application No. CE07010010, Shan Shan Zhu. Jeffrey Trybus, Code Enforcement Officer, noted that on 11/3/06 the applicant had requested a permit, paid the fees and received an application packet that included written instructions to call Dr. Roth to make an appointment for the practical exam. On 11/14/06 the applicant failed the exam and on 3/28/07 failed the exam a second time. Per ordinance after a second failed test the city must deny the request for a permit. Mr. Trybus also noted that Dr. Roth had been conducting the practical exams for the city since 1995. Shanshan Zhu and her interpreter explained to the Council why they felt she had not been treated fairly and were requesting the opportunity for her to take the test again from another examiner. They noted that at the first test an interpreter had not been present but also it had not been made clear that one would need to know the Latin terminology for the body parts. Ms. Zhu had been a practicing massage therapist in Fremont since 2003. City Attorney Chuck Kilian noted that when an applicant failed the practical exam twice they could not retake the exam for one year. However, he also noted that there were other options open to the applicant which did not require a practical exam. The City Attorney did not believe there was sufficient evidence that this exam had not been properly given by Dr. Roth. Lowenthal/Sandoval moved and seconded to uphold the denial of the massage permit. The motion carried unanimously. 16. Adopt a resolution denying a request for a semi-rural designation to eliminate the requirement for sidewalks along Dolores Avenue, pursuant to Ordinance No. 1925, Resolution No. 07-101. Cindy Hsu, appellant, noted that she had circulated a petition and 14 out of 21 neighbors had signed it. This petition was in support of altering their neighborhood designation to semi-rural by waiving sidewalk requirements but leaving curb and gutter and streetlight requirements in effect. Ms. Hsu stated that she liked sidewalks but did not see any use to the sidewalk on her property. It would be piecemeal with a couple of houses having sidewalks and others not having them. June 5, 2007 Cupertino City Council Page 8 Public Works Director Ralph Qualls noted that the examples given by Ms. Hsu were either in the County or were properties with minor modifications that did not require sidewalks. This property did not meet the test of Ordinance No.1925 that established criteria to be used for designating certain streets or neighborhoods as rural or semi-rural in nature. Mahoney/Kwok moved and seconded to adopt Resolution No. 07-101 denying the request for a semi-rural designation on Dolores Avenue. The motion carried unanimously. 17. Thomas M. McNair, 22261 McClellan Road, APN 357-04-067: a) Adopt a resolution accepting the quitclaim deed for access easement over City property at 22241 McClellan Road, APN 357-06-014, Resolution No. 07-102 b) Release securities for City-specified improvements, including grading, storm drainage and erosion control, as required by the improvement agreement with the City for a single-family dwelling building permit. City Clerk Kimberly Smith distributed a letter dated June 4 from Deborah Jamison that included background on the Simms property, the McNair project and the negative impact on the riparian environment. Public Works Director Ralph Qualls recommended that Council accept the quitclaim deed for an access easement over the city property at 22241 McClellan Road and release securities for city-specified improvements for the McNair project on McClellan Road. He further noted that he thought it was possible to release 100% of the bond with the condition that the applicant provide 5% in another form of surety such as cash, CD, etc. Tom McNair, applicant, noted that the quitclaim gave him six months in which to complete the project. The easement was valid for that period (expired 11/30/07) and after that he had no access. His refinancing was contingent upon the release of 100% of the bond. Mr. McNair believed the city had plenty of resources such as the certificate of occupancy to see that this project was completed. The funds were necessary to complete the project and he believed it was in everyone's best interest to release the bond. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-102 accepting the quitclaim deed, and to release securities for City-specified improvements with some surety received by the city for $5,000. 18. Conduct the first reading of Ordinance No. 07-2004: "An Ordinance of the Cupertino City Council Authorizing an Amendment to the Contract Between the Cupertino City Council and the Board of Administration of the California Public Emplovees' Retirement System." The City Clerk read the title of the ordinance. Lowenthal/K wok 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. June 5, 2007 Cupertino City Council Page 9 19. Conduct the first reading of Ordinance No. 07-2005: "An Ordinance of the City Council of the City of Cupertino adding section 14.08.010K and 14.08.035 to chapter 14.08, Obstruction of Streets, of the Cupertino Municipal Code, regarding the noticing required for the issuance of certain encroachment permits." The City Clerk read the title of the ordinance. Lowenthal/Kwok 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. 20. Conduct the first reading of Ordinance No. 07-2006: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150, Parking Prohibited Along Certain Streets - Hoo Hoo Way East and North Sides Between Carmen Road and the End." The City Clerk read the title of the ordinance. Mahoney/K wok 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 - None STAFF REPORTS - None COUNCIL REPORTS - None ADJOURNMENT The meeting was adjourned at 10:55 p.m. 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.