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03. Draft Minutes \......, ~. ~ CUPERTINO DRAFf MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, September 18, 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 Dolly Sandoval, and Council members Richard Lowenthal and Orrin Mahoney. Absent: none. . CLOSED SESSION - None CEREMONIAL MAnERS - PRESENTATIONS 1. Proclamation recognizing Senior Center volunteers who have volunteered 20 or more years. (No documentation in packet). Mayor Wang presented procl~ations to Verna Habel, Roy Stelbasky, Barbara Dixon, and Alice Jarrett, who were present at the meeting. Vol~t~ Coordinator Linda Yelavich accepted proclamations on behalf of Bob Yee, Billie Atwood, Marge Oliver, Anne Wert, and Dottie Schmid, who. could not be present. 2. Proclamation recognizing Kiwanis Club volunteers. (No documentation in packet). Mayor Wang presented the proclamation to Art Brookman, President, and club member . Fenton Hill. 3. Proclamation recogmZ1ng the first Friday in October as Cupertino Arts Day. in conjunction with the National Arts and Humanities celebration. (No documentation in packet). This item was continued to October 2. 3-1 September 18, 2007 Cupertino City Council Page 2 4. Receive an update on the Cupertino Veterans Memorial. (No documentation in packet). ~ Sandra James noted that the project began in August of 2005 to honor Navy Seal Matthew Axelson who was killed in action. It was then decided to build a memorial for . all veterans. She said that the dedication would be on Veteran's Day, November 11,2007, at 11 :00 a.m. in Cupertino Memorial Park. She gave a PowerPoint presentation showing the site of the memorial, children's artwork placed on the construction site fencing, and samples of pavers bought by individuals to be placed at the site. She also noted the schools in the area and other individuals who helped with fundraising for the project. The web site address for more information is www.cuoertinoveteransmemorial.orlZ. Matt DutraJ President of the Santa Clara County Deputy Sheriffs Association (DSA), presented the committee with a $5,000.00 donation and a promise for an additional $5,000 a year for the next 4 years. POSTPONEMENTS-None WRITTEN COMMUNICATIONS The Deputy City Clerk .noted a letter from the Cupertino Chamber of Commerce regarding item number 21, Global Green Sustainability pn,>ject report. ORAL COMMUNICATIONS ---./ . Julia Miyakawa representing the Cupertino Tournament of Bands thanked Council for waiving the banner and City fees for their event this year. She noted that the event ,would be October 13 beginning at 10:00 a.m. with a parade, and the field show would begin at 4:30 p.m. at the Cupertino High School stadium. CONSENT CALENDAR SandovaVLowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the excePtion of item number 16, which was pulled for discUssion. Ayes: Wang, Sandoval, Lowenthal, Mahoney. Noes: None. 5. Approve the minutes from the August 21 and September 4 City COW'lcil meetings. 6. Adopt resolutions accepting Accounts Payable for August 31 and September 7, Resolution Nos. 07-154 and 07-155. 7. Adopt a resolution accepting Pavroll for September 7, Resolution No. 07-156. 8. Approve an application for an Alcoholic Bevenure License - On sale Beer & Wine (41) for CUrry House. 10350 S. De Anza Blvd. (Villagio mixed-use project). ---/' 3-2 September 18, 2007 Cupertino City Council Page 3 L 9. Approve an application for an Alcoholic Beverage License -Off Sale General (21) for Green Vallev Liquor. 10073 Saich Way. 10. Adopt resolutions approving an improvement a21'eement: 11. 12. L 13. a) Zhihong Liu, 10651 Merriman Road. APN 342-16-031, Resolution No. 07-157 b) Roger and Jinling Low, 21988 McClellan Road. APN 356-08-027, Resolution No. 07~158 Through ari 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. Adopt a resolution accepting the auitclaiin deed for underground water rights, Zhihong Liu, 10651 Merriman Road. APN 342-16-031, Resolution No. 07-159. . Adopt a resolution approving a grant of easement for roadway purposes, Zhihong Liu, 10651 Merriman Road. APN 342-16-031, Resolution No. 07-160. 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. Adopt a resolution approving the Vacation of Right of Way on 22831 Mercedes Road. Resolution No. 07-161. 14. Adopt a resolution authorizing the City Manager to execute all Master Agreements, Program. Supplemental Agreements, Fund Transfer Agreements, and any amendments thereto with the California Department ofTransoortation. Resolution No. 07-162. 15. Adopt Ii resolution' authorizing the City Manager to execute amendment No.1 to the agreement with the County of Santa Clara for the joint use and maintenance of facilities relating to the County of Santa Clara Traffic Ooerations System. Resolution No. 07-163. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) . 16. Accept comouter donations for the Senior Center from Hewlett Packard and Al>Dle. Inc. .L SandovaVLowenthal moved and seconded to accept the donations. The motion c8rried unanimouSly. Mayor Wang reordered the agenda to take up item number 18 next. 3-3 September 18, 2007 Cupertino City Council Page 4 UNFINISHED BUSINESS J 18. Report of the cost estimates and bid package for the steel bridge design of the ~ Avenue Bicvcle Footbridge. John Ristow, Acting Chief Congestion Management Agency officer for the Valley Transportation Authority (VTA), said that this project isn't the only one in the County that has experienced budget overruns. He said that the agency has been working on a plan to help with the funding shortfall noting that the plan would be presented to the VT A Board of Directors in November. Joe Walton, VTA Bicycle Advisory Committee member, talked about a feasibility study that was brought to the City Council December 3, 2001. He reviewed some. of the statistics from the study. Don Burnett said that he supports the bridge construction. Anne Ng said that she unhappy about the cost of building the bridge but likes the improved steel design. She said that there is already a large investment in the bridge and supports funding the bridge to completion. Mahoney/Sandoval moved and seconded to approve a project budget augmentation to the Capital Improvement Program of $5.701 million in FY 2007-2008; an additional $1.0 million in FY 2008-2009; and authorized the Director of Public Works to advertise the project for competitive construction bids and to include funding wording from page 18-4 of the' staff report. ~.. PUBLIC HEARINGS 17. Consider Atmlication Nos. MCA-2007-01 and EA-2007-09, City of Cupertino, affecting properties zoned RI-20 generally located south of Linda Vista Drive, south and west of Santa Teresa and Terrace Drive, west of Terra Bella Drive and north of Lindy Lane of the Cuoertino foothills area: a) Adopt a Negative Declaration b) Municipal Code Amendment to amend Chapter 19.28 Single Family Residential (Rl) Zones to exclude properties zoned RI-I0 with an average slope equal to or greater than fifteen (15) percent slope c) Municipal Code Amendment to amend Chapter 19.28.050(C)1 of Single Family Residential (Rl) Zone regarding hillside development standards for buildings proposed on properties zoned Rl-20 located west of the 10% slope line First Reading Of Ordinance No. 07-2011: "An Ordinance of the Cupertino City Council -./ Amending Chapter 19.28.050 of the Municipal Code, Single Family Residential Zones 3-4 September 18, 2007 Cupertino City Council Page 5 '---' (R-l), Regarding RI-20 Zoned Properties Generally Located South of the Linda Vista Drive, South and West of the Santa Teresa and.TettaceDrive, West of Terra Bella Drive and North of Lindy Lane Specifically Affecting the Following Properties.n At 8: 10 p.m. Mayor Wang opened the public hearing. Ron Berti urged Council to treat the properties that are not on flatland in a controlled way. Suzette Pangrle showed slides from the General Plan. She urged Council to eliminate the hillside overlay and remove section C from 19.28.050. Sherry Fang urged Council to be equal and not target only 15 properties for a special zoning. Sunil Nethisinghe urged Council to be fair to everyone whatever decision it makes in this matter. Mark Santoro showed slides regarding background and previous decisions made by the Planning Commission. He urged Council to remove section C and not have a special zoning for 15 properties. \..- Bill Gueng~ch said that he would like to see the RI maintained and that the current administrative authority is adequate to control the development of the properties. Gary Yung said that he owns one of 15 isolated properties in question and feels that it is unfair to be under both the Rl and the RHS restrictions. He also said that he would like to improve the notification process. Marshall Wang urged Council to remove section C from the ordinance. Simon Ko said that he would like to include the RI-IO in the. entire hillside ordinance rather than making it a speCial zoning area. Frank Sun said that Cupertino doesn't need another ordinance to protect the hillside area and the Rl-10 properties should be brought back to RI only. Eva Wong urged Council to remove the 15% overlay. Adam Li urged Council to be fair to everyone and not exclude anyone. Candan Taysi said that these properties are on a hill, not the valley floor. She urged Council to consider the staff recommendation to put a cap on the house sizes. "-' Virailjit Madan urged Council to remove section C that unfairly targets a small number of houses. 3-5 September 18, 2007 Cupertino City Council Page 6 Shabbir Nomanbhoy said that Council is doing spot zoning and it is illegal. He said that ---/ rezoning his Rl-20 property to an RI-10 standard of house size would affect his property value. Maryam said it's not fair to single out 15 houses. John James urged Council keep the RI-20 ordinance intact but control it and protect the hillsides by keeping the house size down. Jennifer Griffin said that zoning is not a fine science and that it's okay to have special zoning areas in the community. She said that owners should have the right to subdivide and Council should have the right to control house size. Mohamed Shoukry said that things should be fair and that he should be able to make his home bigger ifhe wants to and stilllive in Cupertino. At 9:03 p.m. Mayor Wang closed the public hearing. . City Attorney Charles Kilian explained the term "spot zoning" to be where one or more properties sit in the middle of an area that is entirely zoned a certain way. He noted thci.t the current discussion is an area sitting between the R1 and the RHS, and the only issue is where to draw the line to locate this area. He said that he did not see a problem with Council's decision on this item. -../ At Council's request, staff will bring a report regarding the Moxley property, detailing the bond issue, to a Council meeting in the near future. Council first discussed item "B" on the agenda regarding properties with an average slope eq~al to. or greater than fifteen (15) percent slope. The Deputy Ci~ Clerk read the title of Ordinance No. 07-2011. Lowenthal/Mahoney 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: Wang, Sandoval, Lowenthal, and Mahoney. Noes: None. Council then continued with item "C" on the agenda, beginning on page. 17-18 of the packet, to discuss ordinanCe amendments to the Rl-20properties for floor area and grading. Lowenthal/Sandoval moved and seconded to amend language in the ordinance regarding grading. After further discussion, the motion was withdrawn to clarify all ordinance changes before voting. The Deputy City Clerk read the title of Ordinance No. 07-2011. 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: Wang, Sandoval, Lowenthal, Mahoney. Noes: None. ~ 3-6 September 18, 2007 Cupertino City Council Page 7 \......, The first reading consisted of the ordinance as described on pages 17-18 through 17-20 of the Council packett and was amended by the following language from slides created by the Director of Community Development Steve Piasecki during the meeting. Grading: 1 (a)(iv). "If the flat yard area exceeds 2,000 square feet or the cut and fill of the site exceeds 2,500 cubic yards, the applicant shall be required to obtain site and architectural approval from the Planning Commission. t, Floor Area: · Eliminate current wording of 1(b)(ii) and substitute with: "Buildings or additions located off of the flat pad exceeding slopes of 10% and producing floor area exceeding 4,500 square feet of total house size, require approval from the Planning Commission in accordance with Chapter .19.134 of the Cupertino Municipal Code." · Replace 1 (b )(iii) with: "Additions within an existing building envelope are . peiniitted provided the total FAR of the existing building and addition does not exceed 45%." ~ Lowenthal/Mahoney moved and seconded to adopt a negative declarationt EA-2007-09. The motio~ carried unanimously. Mr. Piasecki added the words ("excluding driveways") to the grading language in the first sentence after "yard area" and before "exceeds 2,000 square feet". The modification to the motion was accepted and .included in the original vote. Council was in recess from 10:05 p.m. to 10:15 p.m. Mayor Wang reordered the agenda to discuss item No. 18 before item No. 17. NEW BUSINESS 19. Pursuant to SB 53 requirementst approve an ordinance containing a description of the Cupertino Redevelopment Agencv's program concerning the use of eminent domain in the acquisition of property in the Cuoertino Square Proiect Area. First reading of Ordinance No. 07-2012: "An Ordinance of ,the City of Cupertino, Containing a Description of the Cupertino Redevelopment Agency's Program to Acquire Real Property by Eminent Domain in the Cupertino Vallco Redevelooment Project" L Jennifer Griffin said that there are 5 lots that have been subdivided out of the original Cupertino Square shopping. center and she asked if they are still in the redevelopment area Staff answered yes. 3-7 September 18, 2007 cUpertino City Council . Page 8 The City Clerk read the title of ordinance No. 07-2012. Lowenthal/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: Wang, Sandoval, Lowenthal, Mahoney. Noes: None. 20. Accept the resignation from Teen Commissioner Daniel Pavlovic and decide whether to fill the vacancy. . SandovallLowenthal moved and seconded to grant Daniel Pavlovic a leave of absence from the Teen Commission until the end of January. The motion carried unanimously.', 21. Receive the Global Green Sustainabilitv Protect draft reoort. Walker Wells of Global Green USA presented the report. Lisa Giefer, Planning Commission Chair, said that she supports the green building recommendation by Global Green. She urged Council to hire a coi:J..sultant right away. She also suggested using a Bay Area resource. Jessica Rose said she supports the green building recommendation. Council comments included: Look at other cities around Cupertino, especially Petaluma and Santa Cruz; a green building program isn't the end-all solution and Cupertino should be looking at a green sustainability program that matches the General Plan policies and the current work Cupertino is already doing; address other ideas like commercial single- stream recycling, home food waste programs, and multi-family single-stream recycling; Council was unanimous that they did. not want to create a task force route, but may use a facilitator instead to help capture ideas and work with staff to evolve them; use the Mayor's once-a-year event to focus on sustainability; have the Economic Review Committee (ERe) be an avenue to discuss short-term goals; include a discussion about green building in the annual Community Congress; and provide public education regarding green building practices. . ---./ Staff will come back to Council on October 16 with a scope of work and a proposal. Council received the report. ORDINANCES 22. Conduct the second readin2 of Ordinance No. 07-2009, "An Ordinance of the City Council of the City of Cupertino adding Chapter 2.16 to the City Ordinance Code relating to City CounciVCity Staff Relationships." Lowenthal/Mahoney moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Wang, Sandoval, --../ Lowenth~, Mahoney. Noes: None. 3-8 L L L September 18, 2007 . Cupertin~ City Council Page 9 Lowenthal/Mahoney moved and seconded to enact Ordinance No. 07-2009. Ayes: Wang,. Sandoval~ Lowenthal, Mahoney. Noes: None. 23. Conduct the second reading of Ordinance No. 07-2010, "An Ordinance of the Cupertino City Council Amending Section 2.74.010 of the Cupertino Municipal Code Modifving the Comoosition of the Technoloszv. Information. and Communications Commission." 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: Wang, Sandoval, Lowenthal, Mahoney. Noes: None. LowenthallMahoney moved and seconded to enact Ordinance No. 07-2010. Ayes: Wang, Sandoval, Lowenthal, Mahoney. Noes: None. STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities oftherr committees and various community events. Vice Mayor Sandoval asked staff to agendize the Sunnyvale Measure B for the first meeting in October. ADJOURNMENT At 11 :30 p.m. the meeting was adjourned. 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 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 M~tings Online; Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City <;hannel, 777-2364. 3-9