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05. Draft Minutes L CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, OctQber 2, 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. ROLLCALL Present: Mayor Kris Wang, Vice-Mayor Dolly Sandoval, arid Council members Richard Lowenthal and' Orrin Mahoney. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS \..- 1. Proclamation recognizing the first Fridav in. October as Cupertino Arts Dav. in conjunction with the National Arts and Humanities celebration: (No documentation in packet)..Continued from September 18. Mayor Wang presented proclamations to B~ce Davis, Executive Director of Arts Council Silicon Valley, and to Robert Harrison, Chairman of the Pine Arts Commission. Mr. Harrison also introduced Jan Rindfleisch, Director of the Euphrat Museum of Art, and Belinda Lima from the Fine Arts League of Cupertino. 2. Proclamations recognizing Caron:Jllinick, Karl Von Ahnen, Margarita Hawthorn and Paula Ahrens for their outstanding contributions to the renovation of the De Anza Colle2e Planetarium. (No documentation in packet). Mayor Wang presented proclamations to Caron Blinic~ Karl Von Ahnen, Margarita Hawthorn and Paul Ahrens commending them for their work on the DeAnza College Planetarium project. POSTPONEMENTS '- Item No. 18, parking on San Juan Road, was removed from the agenda. City Manager David Knapp said that the Fire Department had concerns about fire access and they were meeting with the neighbors to discuss these concerns and traffic issues. A report on this will be brought back to the Council. 5 -1 Cupertino City Council October 2, 2007 7. L- Page 3 Adopt a resolution establishing a voluntary expenditure limit for the February 5, 2008 election, Resolution No. 07-167. 8. Adopt a resolution approving an imorovement agreement. Cupertino Greenleaf LLC, A California Limited Liability Company, Greenleaf Court. AP~ 326-33-107, Resolution No. 07-168. Through an improvement agreement with the City for a multi-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 streetlight purposes, Rwei-Cheng . Lo and Hsiao-Ying Hsiung, 19337 Phil Lane. APN 375-05-027, Resolution No. 07-169. 10. \.- 11. 12. The owners grant the City of Cupertino the right of way to construct, repair, operate,. and maintain any and all public utilities and improvements for streetlight purposes. Accept municipal imorovements. Marketplace Shopping Center, APN No. 369-06-009, Southeast Comer of Stevens Creek Blvd and Portal Avenue. (No docmnentation fu packet). These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, landscaping and streetlight, as required by the improvement agreement with the City. Adopt a resolution authorizing an application to the California River Parkways Grant Program. Resolution No. 07-170. Approve an application for an Alcoholic Beverage License (On Sale Beer & Wine - Eating Place) for Joy Luck Place. 10911 N. Wolfe Rd. (Cupertino Village). ITEMS REMOVED FROM THE .CONSENT CALENDAR (above) - None PUBLIC BEARINGS 13. Consider an appeal of the Planning Commission's decision to approve a Tentative Map application to subdivide a .46-acre parcel into two parcels, 8,375 square feet and 11,470 . square feet respectively and the denial of a variance application for substandard lot widths in a proposed two-lot subdivision, Resolution Nos. 6482 and 6483, Application Nos. TM- 2007-03 and V-2007-03, Tracy Hsu and Sue-Jane Han 21871 Dolores Ave, APN 357-14- 026. The appellant is Tracy Hsu. Associate Planner Gary Chao presented a brief history of the application and noted that in January 2007 the Planning Commission had denied the project stating conceriJs about the '--- side-by-side configuration and setbacks. The applicant appealed to Council and in February 2007 the Council upheld the Planning Commission's denial on a 2-2 vote. In 5-3 October 2, 2007 Cupertino City Council . Page 5 L lines shall be 10 feet and the front building setbacks shall be offset a minimum of ten feet . Condition No. 5 - Design Review shall include the statement that at least one of the garages shall have a side entrance. It was further stated that the applicant, prior to the recording. of the final mapt shall record a covenant and deed restriction running with the land including these conditions of approval. The motion carried with Wang voting no. 14. Consider an appeal of the Planning Commission's decision to approve a Minor Residential Permit application for a second story rear deck on a new 1,794 square foot residence, Resolution No. 6485 Application No. RM-2007-14, Reza Rafii. 10484 Bvrne Ave, APN 357-14-013. The appellant is Fatekh Vergasov. Dan Price, counsel for the applicant, questioned whether the Planning Commission had considered protecting his client's privacy to the greatest extent possible. He noted that Mr. Rafii's property was extremely constrained with a two-story house on a.substandard lot, and many exceptions had been granted to Mr. Rafii. The deck was one of these exceptions and the deck loomed over his client's property and negatively impacted his priv.acy. They. were asking that the existing level of privacy be maintained and if this balcony was approved then additional conditions be imposed to attain this privacy level. Reza Rafii, applicant, explained the landscaping both in place and planned which would screen the balcony from his neighbor. \..- Council discussed the landscaping and placement of this balCony and agreed that it did not negatively impact the neighbor. Staff noted that the landscaping requirements were covered by an existing ordinance. SandovallMahoney moved and seconded to deny the appeal and uphold the Planning Commission's decision to approve the application for a second story rear deck. The motion carried unanimously.. . UNFINISHED BUSINESS - NO:Qe NEW BUSINESS 15. Review bids and award the contract for Reconstruction ofCurbs~ Gutters and Sidewalks. Project No. 2007-06, to JrR Construction, Inc., in the amount of S 649,710.00 and .approval of a contingent amount of up to S 100,000.00 for additional work that may be identified and approved by the Director of Public Works, for a total ofS 749,710.00. Lowenthal/Sandoval moved and second to award the contract to JJR Construction, Inc., as recommended. The motion carried Ilnanimously. '-' 16. Adopt a resolution authorizing the Director of Public Works to approve an amendment of the design contract with Winzler & Kellv for the reconstruction of the bridge on Bollinger . 5-5 October 2, 2007 Cupertino City Council Page 7 ~ Max Bokelman, resident of Scenic Circle, noted that he had circulated a petition in his neighborhood in which 80 out of 86 neighbors supported the .shuttle pilot Program as a method of reducing congestion and addressing safety concerns. However, he did not . think that one month was a sufficient amount of time to test the program and recommended three months. Barry Chang sUPpOrted the shuttle pilot program but suggested three buses on a larger loop. Jennifer Griffin supported the shuttle pilot program .and suggested using a shuttle to Blackberry Farm. She did believe that it should not be a public bus and should have seatbelts for the children. Ms. Griffin addressed the issue of good behavior while riding on a school bus. . Caro~ Stanek commented that because of the traffic these won't be continuous loops. The shuttle will be stuck in traffic.. Therefore, more buses would be needed. She also recommended using Blackberry as a parallel access to the schools. She urged Council to open this up for a trial period and see if it worked. . Happy Cohen noted that two buses may not be enough noting that once the bus was full no more students would be allowed on and would have to wait for the bus to make the loop. \....- Larry Liu supported the shuttle pilot program saying that if just one child was saved from . having an accident it was worth it. He did believe that one month was long enough. Council discussed the merits of a pilot shuttle pt'08ram. Issues raised included the need for an extended route particularly to include Kennedy, additional buses,. longer trial period, more data needed on the. flow of traffic through the school areas, emphasis on alternative methods of getting to school (biking, walking, neighborhood carpooling), and more data on the technical issues of the shuttle service program. Councilmember Sandoval also commented on the following: that it is a school district issue, not the city's; long-tenn funding; success rate (if successful what if all the other schools in the city want the same service); funding for this program (originally deSignated to address the issue of running red lights which was a 24-7 problem in the city); and modification Qfbehavior of drivers. \- Mahoney/Lowenthal moved and seconded to continue this matter to the November 20 Council meting and to direct staff to refine the pilot shuttle program proposal to include the following: E~tension of routes to include Kennedy; shortening of wait times - shuttle every ten minutes, review of time needed to get good measures of results; possible extension of program to three months; list of where stops will be and what mftigation measures will be included to a,4dress concerns such as impact on bicycle lanes; and a timetable for implementation .of the pilot program. Included in the motion was direction to staff that the cost range for this project was $25,000 to $100,000. Council further noted the Director of Public Works' comments about the need to hire a traffic consuItailt and to obtain additional data from consultants regarding bus and shuttle operations and the 5-7 October 2, 2007 Cupertin(> City Council Page 9 L . . for amendments, but staff had not had the opportunity to review and report back on .these proposals. Prank Sun, Barry Pangrle, -Suzette Pangrle, Eva Wong, Sherry Fang, Shan Zhu, Barry Chang and Mark Santoro addressed the Council with their concerns about the ordinance. They commented on the following: An attempt to find a compromise between Rl and RHS zoning; establish a user friendly trigger point, one that took into consideration all different sizes of lots; inequality and unfairness of ordinance as proposed; hillsides not being protected; pot zoning; private property rights should be upheld; and modification of tree protection requirements. Council noted that this issue had been under discussion for some time and the recommendations put forth in the ordinance before them were the result of compromises reached during.previous hearings. Council had done their best to hear all sides, address concerns, reach consensus and do what was best for the community. If the residents wished to work on a new proposal and present it to Council at a later date they were welcome to do that. At that time it would be determined if the new proposal would be sent to the Planning Commission for review and comment and public hearing input. MahoneylLowenthal moved and seconded to read the ordinance by title only and that the City Cler~'s reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. . \.- Mahoney/Lowenthal moved and seconded to enact Ordinance No. 07-2011 Ayes: Lowenthal, Mahoney, Sandoval, and W mg. Noes: None. 22. Conduct the second 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 Cu{>ertino Vallco Redevelopment Proiect." . Lowenthal/Sandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Lowenthal/Sandoval. moved and seconded to enact Ordinance No. 07-2012. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. STAFF REPORTS 23. Update on Council committee appointments. (No documentation in packet). \.- The City Clerk highlighted changes to the list of Council committees. Councilmember Lowenthal reported that he had been recommended by Council as the ABAG Executive Committee alternate but that he would not be submitting his name for appointment as it would be for only one meeting before his term was completed on the Council. 5-9 October 2, 2007 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS -/. The City Clerk said that the following items were distributed at the meeting: . An email from Hung Wei in support of item Nt? 13, the side-by-side subdivision on Dolores A venue. . An email from Mark Santoro suggesting changes to the Rl/RHS overlay (item No. 21) · A calendar of events for Council's review · An updated roster of Council committees ORAL COMMUNICATIONS Christine Giusiana, CEO of the Cupertino Chamber of Commerce, reported that the Cupertino Pall Festival held on September 15 and 16 had been quite successful and the Diwali Festival was scheduled for October 13. Ms. Giusiana also noted that a new Political Action Committee had . been formed and on October 12 at the Cypress Hotel they would be holding a meeting with the City Council Candidates. Fran Hardee and Sarah Feit addressed the Council on. the issues of traffic safety on Bubb Road. They thanked staff for getting the additional crossing guard hours at the Bubb and Regnart Road intersection. They reported that their committee met every three to four weeks with city staff and representatives from the Sheriff's Department to address safety issues and. traffic concerns for Kennedy, Lincoln, Monta Vista and Regnart schools. Speci~cally they noted that during October . every Friday was 'walk to school day' . . ~. Mark McKenna, Chairman of the newly-formed Cupertino Chamber of Commerce Political Action Committee, noted that beyond endorsing candidates for the City Council, the committee was also looking into ways to educate the resid~ts on the political process and on the. importance of getting involved. CONSENT CALENDAR SandovaVLowenthal moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None 3. Approve the minutes from the September 18 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for September 14 and 21, Resolution Nos. 07-164 and 07-165. 5. Adopt a resolution accepting Payroll for September 21, Resolution No. 07-166. 6. Accept the Treasurer's Investment Reoort for August 2007 and receive a status report on General Fund Revenue and Expenditures. --_/ 5-2 Cupertino City Council October 2, 2007 7. L Page 3 Adopt a resolution establishing a voluntary expenditure limit for the February 5, 2008 election, Resolution No. 07-167. 8. Adopt a resolution approving an imorovement a~ent. Cupertino Greenleaf LLC, A California Limited Liability Company, Greenleaf Court. AP~ 326-33-107, Resolution No. 07-168. Through an improvement agreement with the City for a multi-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 streetlight purposes, Rwei-Cheng . Lo and Hsiao-Ying Hsiung, 19337 Phil Lane. APN 375-05-027, Resolution No. 07-169. 10. \..... 11. 12. The owners grant the City of Cupertino the right of way to construct, repair, operate,. and maintain any and all public utilities and improvements for streetlight purposes. Accept municipal imorovements. Marketplace Shopping Center, APN No. 369-06-009, Southeast Comer of Stevens Creek Blvd and Portal Avenue. (No docmnentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, landscaping and streetlight, as required by the improvement agreement with the City. Adopt a resolution authorizing an application to the California River Parkways Grant . Program. Resolution No. 07-170. Approve an application for an Alcoholic Beverage License (On Sale Beer & Wine - Eating Place) for Joy Luck Place. 10911 N. Wolfe Rd. (Cupertino Village). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 13. Consider an appeal of the Planning Commission's decision to approve a Tentative Map application to subdivide a .46-acre parcel into two parcels, 8,375 square feet and 11,470 . square feet respectively and the denial of a variance application for substandard lot widths in a proposed two-lot subdivision, Resolution Nos. 6482 and 6483, Application Nos. TM- 2007-03 and V-2OO7-03, Tracy Hsu and Sue-Jane Han 21871 Dolores Ave, APN 357-14- 026. The appellant is Tracy Hsu. Associate Planner Gary Chao presented a brief history of the application and noted that in January 2007 the Planning Commission had denied the project stating concerns about the '-...- side-by-side configuration and setbacks. The applicant appealed to Council and in Pebruary 2007 the Council upheld the Planning Commission's denial on a 2-2 vote. In 5-3 October 2, 2007 . Cupertino City Council Page ~ May 2007 Council denied the applicant's request for reconsidenl.tion but suggested that the applicant could reapply and be heard by the full Council if they wished.. The applicant reapplied making several changes regarding setbacks and siting of garage d~rs. In -./ . August 2007 the Planning Commission again deliied the application for a side-by-side configuration and the applicant was appealing. this decision to Council. Staff recommended the side-by-side configuration noting that it was consistent with the General Plan and compatible with the overall neighborhood. . Kiha Lee, speaking on behalf. of Mr. Chen, did not think: that the side-by-side configuration was a good option. It negatively impacted the neighbors' privacy and property values. Tracy Hsu, appellant, stated the side-by-side configuration was the best design for this lot. It was consistent with the General Plan and she h8d the support of the majority of her neighbors. Jitka Cymbal, project's civil engineer, commented on the grading plan which in part included 10' setbacks from the neighbors and the placement of the garages. She noted that this was the best design possible for the lot. Ms. Cymbal also commented on her drainage con~. with regard to a flag lot and the potential negative impact on the neighbors. Jenmfer Griffin suppo.rted the flag lot option. She believed there was the possibility otherwise of creating 50' by 200' so called shotgun homes. -.-/ Council members Lowenthal, Mahoney and Sandoval supported the appeal. They believed the side-by-side configuration was the better solution for the lot and they were not in favor of flag lots.. The applicant had turned the garage doors which was a good idea and had increased the setbacks to 10' for the contiguous neighbors and to 10' in between the houses. In addition the neighbors were in support of this project. The . suggestion was made to move the houses somewhat further back from the street and to save the large tree on the lot. Mayor Wang did not support revisiting previously made Council decisions. She did not believe this project was consistent with the Genera1.Plan and the Planning Commission had voted 4-0 to deny the application favoring instead the flag lot option. . Mahoney/Sandoval moved and seconded to uphold the appeal and approve the tentative map to subdivide a ,46-acre parcel into two parcels; 6,375 square feet and 11,470 square feet respectively and a variance for substandard lot widths in a proposed tw<r.lot subdivisi~n, Resolution Nos. 6482 and 6483, Application Nos. TM-2007-03 and V-2oo7- 03, Tracv Hsu and Sue-Jane Han 21871 Dolores Ave. APN 357-14-026 subject to the conditions of approval as stated in the 10/2/07 staff report with thefollowing changes: . Condition No.2 - Tree Preservation shall include the preservation of the cedar and the large acacia tree on the westerly lot . Condition No.4 - Sideyard Setback shall be renamed SetbaCks and shall read: The mlnlmum ground floor side yard setbacks along the easterly and westerly property . --" 5-4 . October 2, 2007 Cupertino City Council . Page 5 L lines shall be 10 feet and the front building setbacks shall be offset a minimum of ten feet . Condition No. 5 - Design Review shall include the statement that at least one of the garages shall have a side entrance. It was further stated that the applicant, prior to the recording. of the final map, shall record a covenant and deed restriction running with the land including these conditions of approval. The motion carried with Wang voting no. 14. Consider an ap,peal. of the Planning Commission's decision to approve a Minor Residential Permit application for a second story rear deck on a new 1,794 square. foot residence, Resolution No. 6485 Application No. RM-2007-14, Reza Rafii. 10484 Bvrne Ave, APN 357-14-013. The appellant is Fatekh Vergasov. Dan Price, counsel for the applicant, questioned whether the Planning Commission had considered protecting his client's privacy to the greatest extent possible. He noted that Mr. Rafii's property was extremely constrained with a two-story house on a substandard lot, and many exceptions had been granted to Mr. Rafii. The deck was one of these exceptions and the deck loomed over his client's property and negatively impacted his privacy. They. were asking that the existing level of privacy be maintained and if this balcony was approved then additional conditions be imposed to attain this privacy level. Reza Rafii, applicant, explained the landscaping both in place and planned which would screen the balcony from his neighbor. L Council discussed the landscaping and placement of this balCony and agreed that it did not negatively impact the neighbor. Staff noted that the landscaping requirements were covered by an existing ordinance. SandovallMahoney moved and seconded to deny the appeal and uphold the Planning Commission's decision to approve the application for a second story rear deck. The motion carried unanimously.. . UNFINISHED BUSINESS - No~e NEW BUSINESS 15. Review bids and award the contract for Reconstruction of Curbs~ Gutters and Sidewalks. Project No. 2007-06, to 1IR Construction, Inc., in the amount of $ 649,710.00 and approval of a contingent am~unt of up to $ 100,000.00 for additional work that may be identified and approved by the Director of Public Works, for a total of$ 749,710.00. Lowenthal/Sandoval moved and second to award the contract to JJR Construction, Inc., as recommended. The motion carried llnan;mously. '-- 16. Adopt a resolution authorizing the Director of Public Works to approve an amendment of the design contract with Winzler & Kelly for the reconstruction of the bridge on Bollinger . 5-5 ~tober 2, 2007 Cupertino City Council Page 6 Road over Calabazas Creek in the amount of $50,000.00, for a total contract amount of $509,226.12, Resolution No. 07-171. -J Beau Goldie, Deputy Operating Officer from the Santa Clara Valley Water District, gave a brief status report on the Bollinger Road Bridge Project. He noted that the new culvert had been completed on the north SIde and the ~fitting of the existing culvert had been done. In December the streets would be opened for the winter season and in April 2008 the second phase of the project would begin. They hoped to have the project completed by September 2008. Public hearings.were scheduled for November 14, April and dUring the final phase of the project. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-171. The motion Carried unBnimously. 17. Interim reoort on alternative .considerations regarding the evaluation of traffic issues in the tri-school area. including Monta Vista High, Kennedy Middle, and Lincoln El~entary Schools including Council consideration of providing, on a trial basis, two shuttle buses on McClellan Road between De. Anza Boulevard and Foothill Boulevard for the month of November 2007. David Stillman, Senior Engineer, and Ralph Qualls, Public Works Director gave a report o~ the existing traffic conditions and traffic patterns for the tri-school area. Their report also addressed the following: driver behavior patterns (teenage drivers .want to .drive, parents driving children to school), inability of school districts to provide alternate transportation due to funding restrictions, and limited control by the city over this issue. Continuing efforts by the city to improve the traffic safety issues included: continual review and adjustment of traffic signals, enhanced crosswalks, warning beacons and enforcement ---/ Staff explained that success measures for buses or shuttles would include: A measurable reduction in congestion, a significant and steady ridership, and a long-term funding source. In a recent survey conducted by the Cupertino Union School District 95% of the parents were interested in free bus service; 72% would not allow students on a public bus;' . even ifnot public, 54% would use only if buses stopped 1-2 blocks from their homes, and 35% would use only if buses stopped 2-4 blocks of their home. A. proposat had been obtained from Laidlaw Transit with a goal of getting ridership of 20% from Kennedy and LinColn and 10% from Monta Vista. This would result in a ridership of 660 students out of 4,550. The cost would be $780,000 to $1,100,000 per year with a three-year contract. The pilot program would include a public bus with weekday stops along McClellan Road between Foothill and DeAnza Boulevards. .The service would operate two 18-22 passenger buses running continuous loops between 7 a.m. to 9 a.m. and again 2 p.m. to 4 p.m. This pilot program would cost $10,000 per month plus a $14,000 set-up cost, and a one-month trial period is proposed for November 2007. Staff commented on fiscal policy considerations said that they did not recommend proceeding with any kind of bus or shuttle program at the city's expense to serve the tri-school area. However, if Council did wish to proceed, staff would recommend the one-month pilot program. --/ 5-6 October 2, 2007 Cupertino City Council Page 7 ~ Max Bokelman, resident of Scenic Circle, noted that he had circulated a petition in his neighborhood in which 80 out of 86 neighbors supported the .shuttle pilot Program as a method of reducing congestion and addressing safety concerns. However, he did not . think that one month was a sufficient amount of time to test the program and recommended three months. Barry Chang supported the shuttle pilot program but suggested three buses on a larger loop. Jennifer Griffin supported the shuttle pilot program -and suggested using a shuttle to Blackberry Farm. She did believe that it should not be a public bus and should have seatbelts for the children. Ms. Griffin addressed the issue of good behavior while riding on a school bus. . Carol Stanek commented that because of the traffic these won't be continuous loops. The shuttle will .be stuck in traffic.. Therefore, more buses would be needed. She also recommended using Blackberry as a parallel access to the schools. She urged Council to open this up for a trial period and see if it worked. . Happy Cohen noted that two buses may not be enough noting that once the bus was full no more students would be allowed on and would have to wait for the bus to make the loop. \- Larry Liu supported the shuttle pilot program saying that if just one child was saved from . having an accident it was worth it. He did believe that one month was long enough. Council discussed the merits of a pilot shuttle pro8r'am. Issues raised included the need for an extended route particularly to include Kennedy, additional buses,. longer trial period, more data needed on the. flow of traffic through the school areas, emphasis on alternative methods of getting to school (biking, walking, neighborhood carpooling), and more data On the technical issues of the shuttle service program. Councilmember Sandoval also commented on the following: that it is a school district issue, not the city's; long-tenn funding; success rate (if successful what if all the other schools in the city want the same service); funding for this program (originally deSignated to address the issue of running red lights which was a 24-7 problem in the city); and modification Qfbehavior of drivers. \-- Mahoney/Lowenthal moved and seconded to continue this matter to the November 20 Council meting and to direct staff to refine the pilot shuttle program proposal to include the following: E~tension of routes to include Kennedy; shortening of wait times - shuttle every ten minutes, review of time needed to get good measures of results; possible extension of program to three months; list of where stops will be and what mitigation measures will be included to a,4dress concerns such as impact on bicycle lanes; and a timetable for implementation -of the pilot program. Included in the motion was direction to staff that the cost range for this project was $25,000 to $100,000. Council further noted the Director of Public Works' comments about the need to hire a traffic consultailt and to obtain additional data from consultants regarding bus and shuttle operations and the 5-7 October 2, 2007 Cupertino . City Council Page 8 limited amount of time to obtain this information. Council agreed that staff would bring as much information as they could obtain to the November 20 meeting. The motion . passed unanimously. --./ 18. Conduct the first reailln~ of Ordinance No. 07-2013: "An Ordinance of the Cupertino City Council amending Section 11.24.150, Chapter 11.24 of the Cupertino Municipal Code, Stopping, Standing and Parking - Public Streets, to prohibit stopping. standing or parkinS!: alonlZ San Juan Road. Cordova Road and Mercedes Road. n This item was removed from the agenda. 19. Receive a report on commissions and committees with terms exoirinS!: Januarv 30.2008. and select an application deadline date of January 9 and interview dates of January 21 and 22, 2008. The City Clerk reported that there were twelve advisory commissions and committees whose members serve staggered, four year terms. Some of those groups will have vacancies in January; specifically, the Audit Committee, CDBG Steering Committee, Housing Commission, Parks and Recreation Commission, Public Safety Commission and the Senior Commission. There may also be a vacancy on the Planning Commission if Council does not appoint someone on October 16. Staff recommended setting an application deadline of January 9, and that interviews be held on January 22 and 23 (January.21 is Martin Luther King Day). Council concurred with this recommendation. --J Council reviewed the tentative schedule. of meetings for the next several months as prepared by the City Clerk. One change made was to place a hold on December 3 as a possible meeting date to award a contract for the Mary Avenue Bridge Project. . 20. Schedule December 4 as the date when Council will receive election results. swear in new Council members. select new mayor and vice-mayor. and hold a reception for new and outgoing officials. (No documentation in packet). Council set December 4 as the date to receive election results, swear in the new Council members and select the new mayor and vice-mayor. ORDINANCES 21. Conduct' the second readin2 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 (R-n. Reprdine: Rl-20 Zoned Properties Generally Located South of the Linda Vista Drive, South and West of the Santa Teresa and Terrace Drive, West of Terra Bella Drive and North of Lindy Lane;" Community Development Director Steve Piasecki noted that since the first reading of this .. ordinance, correspond~ce residents in the area under discussion had offered suggestions -,/ 5-8 October 2, 2007 Cupertino City Council Page 9 ~ . . for amendments, but staff had not had the opportunity to review and report back on these proposals. Prank Sun, Barry Pangrle, -Suzette Pangrle, Eva Wong, Sherry Fang, Shan Zhu, Barry Chang and Mark Santoro addressed the Council with their concerns about the ordinance. They commented on the following: An attempt to find a compromise between R1 and RHS zoning; establish a user friendly trigger point, one that took into consideration all different sizes of lots; inequality and unfairness of ordinance as proposed; hillsides not being protected; pot zoning; private property rights should be upheld; and modification of tree protection requirements. Council noted that this issue had been under discussion for some time and the recommendations put forth in the ordinance before them were the result of compromises reached during. previous hearings. Council had done their best to hear all sides, address concerns, reach consensus and do what was best for the community. If the residents wished to work on a new proposal and present it to Council at a later date they were welcome to do that. At that time it would be determined if the new proposal would be sent to the Planning Commission for review and comment and public hearing input. Mahoney/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk:'s reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. . ~ Mahoney/Lowenthal moved and seconded to enact Ordinance No. 07~2011 Ayes: Lowenthal, Mahoney, Sandoval, and W ling. Noes: None. 22. Conduct the second 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 Cu{)ertino Vallco Redevelopment Proiect." . Lowenthal/Sandoval moved and seconded to read the ordinance by title only. and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Lowenthal/Sandoval. moved and seconded to enact Ordinance No. 07-2012. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. STAFF REPORTS 23. Update on Council committee appointments. (No documentation in packet). L The City Clerk highlighted changes to the list of Council committees. Councilmember Lowenthal reported that he had been recommended by Council as the ABAG Executive Committee alternate but that he would not be submitting his name for appointment as it would be for only one meeting before his term was completed on the Council. 5-9 October.2, 2007 Cupertino City Council Page 10 COUNCIL REPORTS ~ Council members highlighted the activities of their committees and various conUnunity events. . ADJOURNMENT At 11 :54 p.m. the meeting was adjourned to Tuesdav. October 16 at 5:30 n.m. to conduct interviews for an unscheduled vacancy on the PlanninS Commission. City Hall Conference Room A, 10300 TorreAve. Kimberly Smith, 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.cuoertino.org.Click on Agendas & Minutes! City Co~ciV Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit WWw.clloertino.orsz and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. -/ ---./. 5 -10