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06. Draft Minutes CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 19, 2007 ROLL CALL At 6:50 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 and Dolly Sandoval. "Absent: Council member Orrin ~ahoney. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 1~ Presentation to. Hewlett Packard's representative "Shawna Holmes. regarding HP's donation of nine workstations to the Cupertino Senior Center. (No documentation in packet)~ Administrative Services Carol Atwood acknowledged the generous donation~ " Mayor W ang prese~ted the proclamation to Shawna Holmes of HP. 2~ Presentation of Certificate of Environmental Accomplishment" to the" City of Cupertino for saving 77 trees through recycling~ (No documentation in packet). Public Information Officer Rick Kitson presented the "certificate to the City Council. Council member I<.wok said that he attended a press conference called by the Water District asking all mayors and city councils to declare a voluntary 10% water reduction in their cities as a goal. He noted that installirtg" a low-flow shower head would save about 10%, and also suggested low-flow toilets and dishwashers, and to water lawns at night rather than during the day to help conserve water~ He asked Mayor Wang to declare June as water conservation month. POSTPONEMENTS-None 6 - 1 June 19,2007 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS The following documents were distributed at the meeting: · Corrected Resolution No~" 07-109 for item nurllber 8, Housing Mitigation fees · Email from Council member Orrin Mahoney dated June 18 regarding item number 8 · Letter from the Chamber of Commerce regarding item number 8 · Handouts for item number 9, budget · Letter from Michael Foulkes of Apple, Inc. regarding item number 17, ACI Holdings, IncA ORAL COMMUNICATIONS Jimmy Duarte asked, Council to fix handicap access to certain streets~ Robert Levy talked about the historical Tracy House on Stelling Rd. and Highway 280, and said that due to term limits, Council has very little historical knowledge regarding happenings in Cupertino~ He urged either increasing the term for Councilor doing away with term limits entirely. Anne Ng, Board Member of Silicon Valley Bicycle Coalition (SVBC), said" that the Hanson Perlna~ente Quarry on Stevens Creek wants to expand its "operations onto additional land that it owns in Cupertino~ She said that the public is invited to comment at an upcoming meeting where Hanson will present its plans. She explained that the County must prepare the Environmental Impact Report (EIR) and regulate the site, but that Cupertino residents would be most affected by noise and pollution. She urged concerned residents to attend the meeting or submit written comments~ Ruby Elbogen announced that the first Cupertino American Cancer Society Relay for Life would be held at the De Anza College track on July 28 and 29. She asked for Cupertino corporate sponsors and urged participation by all. She thanked Mayor Wang for taking the lead and for a City Council member for his generositYA She noted that the last lap at 1 0:00 a~m. is for cancer " Survlvors. Jennifer Griffin noted that the Tracy House would be discussed at an upcoming Planning Commission meeting and urged anyone interested i~ preserving "the Victorian home to come to that meeting~ She asked for protection of the greenbelt and parkways along the major corridors in Cupertino A She thanked Counc~l for the new park in the Rancho Rinconada area and urged them" to keep the double row of ash trees in Cupertino~ CONSENT CALEN"DAR Lowenthal/K wok moved and seconded to approve the items on the Consent Calendar as recommended~ Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: NoneA Absent: MahoneYA 3. Adopt resolutions accepting Accounts Payable for May 25, June 1, and June 8, Resolution Nos. 07-104 through 07-106. 6-2 June 19,2007 . Cupertino City Council Page 3 4. Adopt a resolution setting a hearing date of July. 17 to provide for lien assessments and . collection resulting from abatement of. a public nuisance (brush and weeds), resolution No~ 07~107. 5. Accept an application for an Alcoholic Beverage License for the Cypress Hotel and Park Place Restaurant and Bar, 19930-19936 Stevens Creek Blvd. .(corner of De Anza and . Stevens Creek Blv'd.). 6. Adopt a.resolution amending the Administrative Rules and Regulations of the Personnel Code to add limited term appointments, Resolution No. 07-108~ 7. Accept mu~icipal improvements, Calvin Ng & Hong-Him. Lim, 21820 Lomita Avenue, APN 367-15-008. (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, driveway, .and trenching work, as required by the improvement agreement with the City for a single-family dwelling building pennit ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 8. Consider adopting a resolution . approving housing mitigation fees, Resolution No. 07- 109. (Continued from June 5). Senior Planner Vera Gil reviewed t~e staff report via a PowerPoint presentation. Beverly Bryant, Executive Director of the Homebuilders Association of Northern California (HBA), said that the HBA opposes an increase in the inclusionary zoning requirements. She said she hopes the in-lieu fees will be used to create more affordable housing in. addition to what the developers currently provide through the inclusionary housing program, so that the developer dC?es not bear the sole burden of creating affordable housing in Cupertino. Sandoval/Kwok moved and seconded to adopt Resolution No. 07-1.09 with the addition of the requirement that for any development project 7 units or more, any fractional units shall pay $2.50 per square foot above that fraction up to the .5 of a unit, after which they will provide the unit The motion carried una.nimously with Mahoney absent. 9. Receive public comments, discuss, and. adopt the 2007-08 budget: a). Grant a negative declaration b) Adopt a resolution establishing. an operating and capital budget for fiscal year 2007 -08, Resolution No. 07-110 6-3 June 19, 2007 C~pertino City Council Page 4 c) Adopt a resolution establishing an appropriation limit for fiscal year 2007-08., Resolution No. 07-111 Mayor Wang opened the public hearing open at 7:34 p.m. Robert Levy said that school traffic congestion is still a problem and the schools haven't cooperated with the City. He suggested that the City hire a consultant to look into bussing and add a parcel tax on all homes to pay for the bussing. ,Ed Hirshfield talked about the substandard lighting at the Sports Center and said that people have a hard time playing tennis at night. He urged Council to fund a better lighting system. Santa Clara County Librarian Melinda Cervantes said that Cupertino library is the busiest library in the County system and a valuable partner in the library Joint Powers Authority. She also noted that the Library has been nationally recognized .for the past five years as the number one library in the country for libraries of its size. She urged Council to fund the extra hours. The following people spoke in favor of funding for .extra hours at the Cupertino Library: . Barbara Rogers, Cupertino Library Foundation Committee .. Pat Rogers, Cupertino Library Foundation Conunittee . Eno Schmidt, Library Commissioner . . Janet Riddell, Library Commissioner · Ram Gopal, Library Commissioner . Ruby- Elbogen . Jennifer Griffin. Ruby Elbogen also asked Councjl to repair the Quinlan Center fountain and to keep it as a water feature. She commented that Council shouldn't get involved in transportation at the schools. Frank Jelinch, Board of Directors of Shakespeare Festival, urged Coun~il for continued. support for free Shakespeare in the Park~ He said that the play this year is A Midsummer Night's Dream beginning Sat. July 21 at 7:30 pm-. through Aug. 5th at Memorial Park. Jennifer Griffin said that the residents in the Rancho Rinconada area are excited about the upcoming Sterling Barnhart and Lawrence parks. The public hearing was closed at 7:58 p.m. Melinda Cervantes answered Council's questions and explained how staffing would w<?rk to cover the extra Library hours. . 6-4 June 19,2007 Cupertino City Council Page 5 Mayor Wang asked that the Fiscal Strategic Planning Committee do some research on what other cities are doing with their CIP reserves and bring back recommendations. Lowenthal/Sandoval moved and seconded to grant a negative declaration. The motion carried unanimously with Mahoney absent Lowenthal/Kwok moved and-seconded to adopt Resolution No. 07-110 establishing an operating and capital budget for fiscal year 2007-08 with the following additions. The motion carried unanimously with Mahoney absent: · Add $60,000 from the CIP for the Quinlan Center fountain project. · Add $50,000 from the CIP for City Hall sink · Add $55,000 from the General'Fund .for the Veteran's Memorial · Add $50,000 from the elP for the R.ed Light Running program · Add $20,000 from the General Fund for Cupertino Day · Move $1.5 Million from the eIP from fiscal year 2008-09 to 2007-08 f<?f the Lawrence Linear Park Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-111 establishing an appropriation limit for fiscal year 2007-0~~ The motion carried unanimously with Mahoney absent. Council recessed- from 9:30-9:40 p~m. 1 o~ Consider adopting a resolution for the annual renewal of fees for the Storm Drainage Nonooint Source Program, FY 2007-08, with no increase in current fee rates, Resolution No. 07-112. LowenthallKwok moved and seconded to adopt Resolution No~ 07-112. The motion carried unanimously with Mahoney absent UNFINISHED BUSINESS 11. Accept the Parks and Recreation Conunission's Rancho Rinconada Neighborhood Park conceptual d~sign reconunendation. Parks and Recreation Director Therese Smith reviewed the staff report via a PowerPoint presentation. Jennifer Griffin commended all the people who have put so much time into the park and said the park would provide tremendous community benefits~ Jeanne Bradford, Parks. and Recreation Conunissioner, urged Council to support the recommendation. She explained the public process that the Commission went through and commended the residents for working together~ 6-5 June 19,2007 Cupertino City Council. Page 6 Sandoval/Kwok.moved and seconded to accept the Rancho Rinconada Neighborhood Park concep~al design as recommended. Additional design comments were offered by . Council: Council meinber Richard Lowenthal asked for review by Captain Terry Calderone on adding security features such as a camera; and Council member Dolly Sandoval asked for a doglhuman drinking fountain to be added. The motion carried. unanimously with Mahoney absent NEW BUSINESS 12. Authorize an additional amount of construction contingency for the contract for the Reconstruction. of Curbs, Gutters, and Sidewalks, Project No. 2006-03, in the amount of $25,000.00 to incorporate additional funds in the amount of $10,000 from an Association of Bay Area Governments (ABAG) block grant, and to cover the additional work required to complete the project, to bring the total project amount including contingency to . $51 O,OOO~OO. K wok/Lowenthal moved and seconded to authorize the contract for the Reconstruction of Curbs, Gutters, and Sidewalks, Project No. .2006-03~ The motion carried unanimously with Mahoney absent 13. Adopt a.resolution to approve a request for semi-rural desi!illation to eliminate streetlight requirements along Barranca Drive, Peninsular Avenue, Wallace Drive, Maxine Drive, . Hibiscus Drive, Hibiscus Court, and Caroline Drive pursuant to Ordinance No. 1925, Resolution No~ 07-113~ Lowenthal/Sandoval moved and seconded to, ad~pt Resolution No. 07-113~ The motion carried unanimously with Mahoney absent. 14. Adopt a resolution approving an agreement with Apple" Inc. for electronic wast~ disposal for FY 2007-08 and authorize the City Manager to renew the agreement for three (3) additional term.s of one (1) year each on such terms as are mutually agreeable to the City and Apple, Inc., Resolution No. 07-114. Lowenthal/Sandoval moved and seconded to' adopt Resolution No. 07-114. The motion carried unanimously with Mahoney absent. 15. Review bids and award the contract for Street Sweeping, Project No~ 2007-02 to Don and Mike's Commercial Sweeping in the amount of $ $135,636~48, and approve a contingency for emergency and .additional sweeping of $24,363~52 for a total of $160,000.00. KwoklLowenthal moved and seconded to award the contract for Street Sweeping, Project No. 2007-02 to Don and Mike's Commercial Sweeping~ The motion carried unanimously with Mahoney absent 6-6 June 19,2007 Cupertino City Council Page 7 16. Autnorize the City Manager to enter into an'agreement with the San Jose ~onservation Corp for community improvement services on an as-needed basis for the Stevens cre~k- Corridor Proiect, up to a limit of $500,000 of City money. Parks and Recreation Director Therese. Smith showed a video roll~in and reviewed the . staff report via a PowerPoint presentation. She said that McClellan Ranch would be the pilot project and staff would report back to Council. LowenthaVSandoval moved and seconded to enter in the agreement with the San Jose Conservation Corp for community improvement services on an as-needed basis for the Stevens creek Corridor Project The motion carried unanimously with Mahoney absent. 17. Extend the agreement for consultation services with ACI Holdings" Inc. KwoklLowenthal moved and seconded to extend the agreement for consultation services with ACI Holdings, Inc. The motion carried unanimously with Mahoney absent ORDINANCES 18. Conduct the second reading of Ordinance No~ 07-2003: "An Ordinance of the City of Cupertino Amending Chapter 14.18 of the Municipal Code related to Protected Trees." Lowenthal/K wok 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, Sandoval, and Wang. Noes: None. Absent:. Mahoney. Lowenthal/Kwok moved and seconded to enact Ordinance No. 07-2003 with ~irection to -staff to report back on implementation of the ordinance and how often the following species come up: Canyon Live Oak, Oregon White Oak, and Tanbark Oak. A Citywide notice will also be mailed regarding upd.ate to the ordinance, and color and educational brochures describing the protected trees will be produced. Ayes: Rwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. . 19. Conduct.the second reading of Ordinance No. .07-2004: "An Ordinance of the Cupertino City CO\lncil Authorizing an Amendment to the Contract Between the Cupertino City Council and the Board of Administration of the California Public Employees' Retirement System." Lowenthal/Sandoval moved and seconded to .read the ordinance by title on~y and that the City -Clerk's reading would constitute. the second reading thereof. .Ayes: Kwok, . Lowenthal, Sandoval, and Wang~ Noes: None. Absent: Mahoney. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 07-2004. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes~ None. Absent: Mahoney. 6-7 June 19, 2007 Cupertino City Council Page 8 20~ Conduct the second 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 Munic~pal Code, regarding the noticing required for the issuance of certain encroaclunent permits." Lowenthal/K wok moved and seconded to re,ad the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney~ Lowenthal/Kwok moved and seconded to enact Ordinance No. 07-2005. Ayes: Kwok, .Lowenthal, Sandoval, and Wang. Noes: None~ Absent: Mahoney. 21. Conduct the second reading of Ordinance No. 07-2006: . "An Ordinance. of the City Council of the City of Cupertino Ainending 'Cupertino Municipal Code, Chapter 11.24, Section 1 I ~24.150, Parking Prohibited Along Certain Streets ~ HOD Hoo Way East and North Sides Between Carmen Road and the End." Lowenthal/K wok 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, Sandoval, and Wang. Noes: None. Absent~ Mahoney. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 07-2006. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: Nonet Absent: Mahoney. STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. - - ADJOURNMENT At 10:30 p.m. the meeting was adjourned in honor 'of Martin Bishop who recently passed away~ Grace Sclunidt, 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.cup~rtino.organd.click on View Meetings Online. 6-8 June 19,2007 Cupertino City Council ' Page 9 Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino 'City Channel, 777-2364. 6-9 6 - 10 CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL. Regular Meeting Tuesday, July 17, 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 I<ris Wang, Vice-Mayor Patrick I(wok, and Council members Orrin Mahoney and Dolly Sandoval. Abs.ent: Richard Lowenthal. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 1. Recognize Ken Waldvogel as the new Santa. Clara. County Fire Department Chief. (No. documentation in packet). Chief Waldvogel talked about the department and distributed the Annual Report 2~ Presentation from Whole Foods on the occasion of its grand fe-opening in Cupertino. (No documentation in packet). . Store manager Scott Sherman talked about the new store and noted that the grand opening is scheduled for August 22. 3. . Presentation by Mary Ann Barnes, Senior Vice President and Area Manager of Kaiser Permanentets Santa Clara Service.Area on the new hospitalfacility~ (No documentation in packet)~ Mary"Ann Barnes . gave highlights of the new medical facility and noted that the opening is scheduled for August 7. . Vice Mayor Kwok asked about adding a left-hand turn lane into the facility~ Ms. Bames said that they are working with the City of Sunnyvale to accomplish that. Mayor Wang added a proclamation to Monta Vista High School graduate Harold" Hanrehan who achieved the designation of Eagle Scout on October 19, 2006~ 6 - 11 July 17, 2007 Cupertino City Council Page 2 4. Procl,amation for Senior Center piano and keyboard members. (No documentation in packet). This item was not discussed. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk. Grace Schmidt distributed the following items at the meeting: . Letter -from Victot Dervin dated July .11 to Steven Solis from the Department of Alcoholic Beverage Control regarding Item 8C, Arya Global Cuisine . Einail from James Black dated July 17 regarding Item 11_, appeal of the De~arli residence . Letter from Anna Wilbur dated July 17 regard.ing Item 11 . Email from Kim and Ron Smith dated July 17 regarding Item 11 ORAL COMMUNICATIONS Public Safety Commissioner Fari Aberg distributed handouts regarding the Health and Safety . Fair to be held Saturday, August 25 from 10-3 at the Cupertino City Hall Plaza and Field, 10300 Torre Ave. Rhoda Fry asked Council to set policies to make it easier for residents to get reimbursed for damages to private property caused by city-owned trees and golf balls from City-owned golf courses. Ruby Elbogen talked about the upcoming American Cancer Society Relay for Life to be held begilUling at 10 a.m. on July 28 and 29 at the De Anza College track. She noted that more information could be found on the Chamber of Commerce website. Cou+ncil member Dolly Sandoval noted that. Cupertino residents had received a "Know your N e~ghbor" card included in the Cupertino Scene this month. She encouraged residents to use the cards to get out and meet .their neighbors by exchanging information with them. Public Information Officer Rick ICitson noted that the. card came out of a program that the City Manager's office started a few years ago.. He explained that usually the first responder in an emergency is your neighbor and. the better you kno~ your neighbor the better off you are, and vice versa& 6 - 12 July 17, 2007 Cupertino City Council Page 3 CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item- 8, which was pulled for discussion. Ayes: .Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent LowenthaL 5~ Approve the minutes.from the July 3 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for June 29 and July 6, 2007, Resolution Nos. 07-124 and 07-125. 7. Adopt resolutions accepting Payroll for June 29 . and July 13, Resolution Nos. 07-126 and 07-127. 9. . Accept Alcoholic Beverage License applications for Whole Foods Market, 20955 Stevens Creek Blvd. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8~ Accept applications for an Alcoholic Beverage License: a) Simply Thai, 21267 Stevens Creek Blvd., Ste. 340 (Oaks Shopping Center) b) Southland Flavor Cafe, 10825 N~ Wolfe Rd~ (Cupertino Village) c) Arya Global Cuisine, 19930 Stevens Creek Blvd. (formerly Lone's Diner) K wok/Mahoney moved and seconded to approve the alcoholic beverage licenses for Simply Thai and Southland Flavor Cafe as presented. The alcoholic beverage license for Arya Global Cuisine was approved subject to verification that their hours of operation conform to City ordinances. Community Dev:elopment Director Steve Piasecki noted that a use permit would be required if they want to operate beyond 11 :00 -p.m. The motion' eanied 4-0, with Lowenthal absent. PUBLIC HEARINGS 10. .Consider an appeal of the Planning Commission's decision to approve a Residential Design. Review for a new, two-story 2,693 square foot residence. Application No. R- 2006-62, Ray Chen (Lin residence)" 7453 Stanford Place, APN 359-32-.039. The appellants are Richard Whittington, Lixin (Caine)'Yu, and Larry Line. - At 7:40 p.m. Mayor Wang opened the public hearing. Appellant Larry. Line showed pictures of the neighboring houses and quoted. different sections from Chapter 19~28 of the Cupertino Municipal Code, noting that the main complaint from all the appellants is that the proposed design does not meet the 6 ~ 13 July 17, 2007 Cupertino City Council Page 4 requirements of the Municipal code with respect to the scale, design, mass and bulk compared with the predominant ~eighborhood pattern. Appellant Caine Yu said that a majority of the neighbors signed a petition against the proposed design and would be impacted by the proposed project Appellant Richard Whittington said that he doesn't object to. the second story but to the large entryway and large vertical wall on one side. He said the appellants would like the. applicant to limit the structure enough to be more compatible with the neighborhood. Charles Rubidart, neighbor on Tiptoe Lane, said that staff has been working with the neighbors to achieve as much privacy as possible in regards to the project He said that the planning department told him in 1987 and in 1994 that he would never be able to build a second story on Tiptoe Lane. He encour~ged the Council to, amend the zoning ordinance on common property lines to avoid conflict Community Development Director - Steve Piasecki responded that residents in his neighborhood would have an opportunity to apply for a use permit to build a second story, but that they would probably be held to greater scrutiny by the neighbors as a result Project Engineer and applicant Ray Chen said that the Cupertino Municipal Code states that it is okay to build a second story on Stanford Place. He noted that he is not asking ror exceptions or variances, and is working closely with planning staff and neighbors to build an ordinary and modem-looking home. . Jennifer Griffin said that Stanford Place currently has no second stories, and have only ranch style homes that are traditional in California and should be respected. She noted that Stanford Place is not a transitional neighborhood and most homes would be upgraded to a ranch style home~ She said she was concerned about having no second story setback . on the right side. Dan Borrego, neighbor on Tiptoe Lane, said that he and the applicant have come to an agreement about privacy but the house is too large overall and would be imposing to the neighbors~ He said that the Rl overlay was supposed to encompass the whole Laurelwood neighborhood and asked that this be looked into before the project is approved. He said he opposed the project -. At 8:20 p.m~ Mayor Wang closed the public hearing. Mahoney/Kwok moved and seconded to uphold the appeal and directed additional modifications to the plans: Lower the entry feature by six inches; move the entry back at least two feet; provide a minimum of two feet by the width of the upstairs bathroom along the second floor wall plane on the right elevation; and lower the bay window as suggested by staff.- Plans are to be approved by the Design Review Committee (DRC) and neighbors will be notified of the DRC meeting. The motion carried 4..0, with Lowenthal absent. 6 - 14 July 17, 2007 Cupertino City Council Page 5 11. Consider an appeal of the Planning Commission's decision to deny.a Hillside Exception to construct a 689 square foot second story addition to an existing residence for a total of 6,870 square feet, which exceeds the 6,500.square feet allowed, and an exception to build on a prominent ridgeline, Application No., EXC-2007-02, Jennifer Jodoin (DeCarli residence)~ 11640 Regnart Canyo~ Road, APN 366-33-006. The appellant is Jennifer J odoin.~ At 8:45 p.m. Mayor Wang opened the public hearing. Jim Walker, neighbor, said that he supports the project, but wants to be sure that there is appropriate screening from the neighbors and from the valley floor. He noted that most. neighbor issues are privacy, landscape, screening, and paint color. . Jon Garliepp, neighbor, said that the square-footage isn't a problem as long as it doesn't infringe on the neighbors. He noted that the house stands out from Rainbow due to the paint color and he would like to see gre'en screening planted in between the houses. Jennifer Griffin said that at some point there was a maximum house size set at 6,500 square feet for the hillside. She encouraged Council to maintain that limit as much as possible because it may set a precedent. Applicant Jennifer Jodoin said she is asking for an additional setback into the hillside to accommodate the living needs of the family with no impact on the community. She noted that she has letters of support from the neighbors and has no problem adding a condition to put a landscape plan in place. At 9:05 p..m. Mayor Wang closed the public h~aring~ Mahoney/Kwok moved and seconded to deny the appeal of the hillside exception and uphold the Planning Commission's denial? so the exception would not be allowed. The motion carried 4-0, with Lowenthal absent. 12~ Consider an ap.peal of the Planning Commission's decision to deny the installation of a wireless communication facility at an existing office center (Stevens Creek Office Center), Applicatipn No. DIR-2006-07; Davna Aguirre (T-Mobile)~ 20833 Stevens Creek Blvd, APN 32(5-32-050. The appellant is Dayna Aguirre. Applicant Dayna Aguirre showed a photo simulation of another antennae in the Santa Cruz area noting that the antelUlae is in a pipe that sticks five feet above the rQofline. She said this could also be done with the antennae for the current application. Mahoney/Sandoval moved and seconded to uphold the appeal and approve the applicant's request for a Director's Minor Modification to allow a wireless telecommunication facility with the following conditions: Plant three, 36-inch box flowering pears in empty 6 - 15 July 17, 2007 Cupertino City Council Page 6 tree wells; have a maximum lO-year term of approval (state law); the antennas and mounting hardware shall be screened where visible from the street with a full perimeter roof screen subject to staff and DRC approvaL The motion carried 4-0, with Lowenthal absent. Council recessed from 9:30 to 9:40 p~m. Mayor"Wang reordered the agenda to take up Item. No. 15 next. NEW BUSINESS 15. Conduct a hearing to approve assessment of fees for annual weed abatement program (private parcels), and adopt Resolution No~ 07-128. I(wok/Sandoval moved and seconded to adopt Resolution No. 07-128. The motion carried 4-0, with Lowenthal absent PUBLIC' HEARING (Continued) 13. Consider Application Nos. U-2006-13, ASA..2006-22, TM-2007-02, Z-2006-05 (EA- 2006-18), Lawrence Guy~ 10855 N. Stelling Road, APN 326-07-037: a) .Use Permit and an Architectural Site Review to construct 20 attached and detached single-family residential units on a I. I-acre site (northwest comer of Stelling Road and 1-280) b) Tentative Map to subdivide a 1. I-acre parcel into 20 parcels and one. common parcel c) Rezoning of a 1.1-acre parcel from BQ (Quasi-Public) to P-Res .(Planned Residential) First reading of Ordinance No. 07-2007: "An Ordinance of the City Council of the .City of Cupertino Rezoning 1.1 acres of property located at 10855 N. Stelling Road from BQ (Quasi-Public) To P-Res (Planned Residential Zoning District Application Z-2006-05." Applicant Lawrence Guy said that he worked with staff to incorporate all the changes they asked for. He said that he is not asking for any variances and is cooperating with the. beautification of the bridge by adding a double row of trees along Stelling Road. He noted . that the project design is well planned, contributes to the community, and. has support from the church and the neighbors. Architect Glenn Simmons reviewed the. Las Palmas project via a PowerPoint presentation: The project is surrounded on two sides by a church; a gate would be added, to separate the properties; the Villa Serra project across the street is a much higher density. 6 - 16 July 17, 2007 Cupertino City Council Page 7 than the Las Palmas project; a buffer would be created along the freeway edge by planting trees; the features of the project use the Victorian architecture of the Tracy House that currently exists at the site; wrap-around porches would bring traditional values to the project; .and there would be a center public area. At 10:16 p.m. Mayor Wang opened the public hearing. Jay Hopkins said that traffic would be adversely affected around Gardenia and Stelling, especially with the Villa Serra and Whole. Foods projects. He also said that he believes schools would be impacted too.. Jay Cena, Public Safety Commissioner, showed pictures of cars lining up on the road and said he was concerned about traffic between 4:30 p.m. and 7:00 p.m. He noted that in conjunction with the other development projects in the area,. the traffic would only get worse, especially on Stelling~ Jennifer Griffin said that the fate of one of the last historical homes in Cupertino (the Tracy.House) is in danger of being destroyed with this project She said that Cupertino is the only city in Santa Clara County that has no ordinance to protect antiquities. Ned Britt said that the General Plan could be changed to rezone inconsistency or this area .could be rezoned for low-density housing instead, and this is an excuse to build more high-density housing. He urged Council to not narrow Stelling too much because traffic would be adversely affected. Darrel Lum said he was concerned about the loss of quasi-public land, traffic, school crowding, and health issues for children. He cited a study that talked about children living- near busy highways having serious lung problems that affect them the rest of their lives. Steve Scharf said that the project is inconsistent with the neighborhood and that smaller lots would be more appropriate. He also expressed concern about the traffic in the area especially with the Villa Serra development also happening there. He noted that' he has heard from applicants that the City staff has been forcing them to develop projects that are higher-density and inconsistent with the neighborhoods and he hopes to avoid another referendum and costly election due to an inappropriately _ rezoned area. Community Development Director Steve Piasecki responded to the comments and said that the General Plan designates what can be zoned where and that the density for this particular project is actually less than the General Plan because it's the better design. Tom Hugunin noted three concerns he has with the project: Rezoning to residential is a problem in quasi-public land because it's hard to find land for churches; he doesn't want to see the Tracy House destroyed and said it's a shame that Cupertino doesn't have laws protecting old houses; the Homestead Road Master Plan in the General Plan has never been completed, and the City shouldn't develop there without a master plan. He said that keeping the land zoned as -quasi-public would mean only traffic on Sundays rather than everyday. 6 - 17 July 17, 2007 . Cupertino City Council Page 8 At 10:38 Mayor Wang closed the public heati1ig~ The motions were taken in reverse order~ The D'eputy City Clerk read the title of the Ordinance~ KwoklMahoney moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof~ Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: LowenthaL Kwok/Mahoney moved and seconded to approve the Tentative Map with 12 attached and 8 detached units and one common area~ The motion carried 4-0, with Lowenthal absent Kwok/Mahoney moved and seconded to adopt the Use Permit and Architectural Site Review for 12 attached and 8 detached units, and one common are~ with the additional condition to eliminate on-street parking and have all 56 parking spaces on-site~ The motion carried 4-0, with Lowenthal absent - UNFINISHED BUSINESS 14~ Authorize removal of the Scenic Circle Bridge as part of the Stevens Creek Corridor Restoration Proi"ect City Manager Dave Knapp distributed a memo from Consultant Shawn Chartrand from Balance Hydrologies, Inc~ ' - Phil Phlager requested that the bridge remain for access to - Scenic Circle from Monta Vista. Jim Bodwin said that a replacement bridge plan should be in place before the bridge is removed.. Michael Stanek said that local park and trail access is crucial especially to the Stevens Creek Corridor Park and that no access is in opposition to the idea .of walkability and biking in Cupertino~ He urged Council to commit. to a new bridge before tearing out old one~ Leslie Fowler said she would like her children to have access to the park because of the busy streets surrounding .her house~ She. urged reconstruction of the bridge rather than removing it. Anne Ng urged Council to replace the bridge with an ADA acceptable bridge before removing it. She also urged Council to make the San Fernando entrance to the park safe for cyclists and pedestrians. .6- 18 July 17, 2007 Cupertino City Council Page 9 Carol Stanek urged Council to explore all options first and then commit to a new bridge as necessary. I. Yuen showed pictures of the bridge. He said that the bridge is in poor condition and needs to be removed now or the City might have legal issues. He. noted that the City should focus its resources on making facilities b.etter in Blackberry Farm instead of building a new bridge for access to a restoration area. No. action was taken. NEW BUSINESS 15. Conduct a hearing to approve assessment of fees for annual weed abatement program (private parcels), and adopt Resolution No. 07-128. This item was taken up earlier-in.the meeting. 16. Consider adopting a resolution to amend attendance requirements for city boards and commissions, Resolution No. 07-129. Sandoval/Kwok moved and seconded to adopt Resolution No. 07-129. The motion carried 4-0, with Lowenthal absent. 17t Designate a voting delegate and alternate for the League of California Cities Annual Conference. Sandoval/Kwok moved and seconded to designate Mayor Wang as the delegate, Vice Mayor Kwok as the first alternate and Council member Mahoney as the second alternate. The motion carried 4-0, with Lowenthal absent. ORDINANCES ~ None STAFF REPORTS - None COUNCIL REPO'RTS - None ADJOURNMENT At 12 :32 a.m. on July 18 the meeting was adjourned to August 21. The first meeting in August was cancelled. Grace Schmidt, Deputy City Clerk 6 - 19 July 17, 2007 Cupertino City Council Page 10 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 C.ouncil/ 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. 6 - 20 July 11, 2007 Cupertino City Council Page 11 REDEVELOPMENT AGENCY MEETING Canceled for lack ofblisiness. The City of Cupertino has adopted the provisions of Code of Civil Procedure ~1 094.6; 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 meetinJ!. 6 - 21 .