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CC 11-05-07 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, November 5,2007 PLEDGE OF ALLEGIANCE At 6:45 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. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Dolly Sandoval, and Council members Richard Lowenthal and Orrin Mahoney. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to Apple, Inc.'s representative Michael Foulkes regarding the donation of eight Apple iMacs to the Cupertino Senior Center. (No documentation in packet). Mayor Wang presented a proclamation to Apple representative Michael Foulkes. 2. Cupertino Square shopping center update. (No documentation in packet). Continued from October 16. Mike Rohde, General Manager of Cupertino Square, gave an update on the shopping center redevelopment: New owners (Orbit Resources) have purchased a controlling interest in Cupertino Square; California Pizza Kitchen project will move forward but Islands Restaurant will not; AMC Theaters are doing well; additional signage is in process; interior improvements include a Sheriffs substation, new public restrooms, remodeling of the existing restrooms, construction of the lower level part of the mall, a new mall management office, and a new exit near Macy's leading to the new parking structure; the fourteen-unit food court is currently under construction and scheduled to open in May 2008; construction of the Wolfe Rd. retail design has begun, and other improvements include new lighting, improved hardscape, and entry signage; existing restaurants are doing interior and exterior improvements, including TGI Friday's and Benihana; new mall tenants include Golden Optical, Cold Stone Creamery, Sunglass Icon, Chinese Gourmet Express, Booster Juice, Auntie Anne's Pretzels, Mrs. Field's Cookies, and Zales Jewelers; holiday activities will take place, including Santa photos, November 5, 2007 Cupertino City Council Page 2 free gift-wrap, entertainment, etc.; a planned grand reopening for Cupertino Square is tentatively scheduled for the fourth quarter of 2008. He noted that a meeting would be coordinated with the Economic Development Committee and Council regarding the timeframe and plan for new tenants and the strategic direction for the mall. POSTPONEMENTS · Item No. 19 postponed until Dec. or Jan. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Michael Gottwald urged everyone to attend the Cupertino Veteran's Memorial dedication at Memorial Park on November 11 at 11 :00 a.m. CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Wang, Sandoval, Lowenthal, Mahoney. Noes: None 3. Approve the minutes from the October 16 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for October 12, 19, and 26, Resolution Nos. 07-177 to 07-179. 5. Adopt a resolution accepting Payroll for October 19, Resolution No. 07-180. 6. Accept the Treasurer's Investment Report for September 2007 including a status report on General Fund Revenue and Expenditures. 7. Approve an application for an Alcoholic Beverage License, On Sale Beer & Wine - Eating Place (41), for Harvest Restaurant (Formerly Flames Restaurant), 10630 S. De Anza Blvd. 8. Approve an application for an Alcoholic Beverage License, Off Sale Beer & Wine (20) for 7-Eleven Store, 21490 McClellan Road. 9. Approve an application for an Alcoholic Beverage License, Off Sale Beer & Wine (20), On Sale Beer & Wine - Eating Place (41), and On Sale Beer & Wine - Public Premises (42) for Whole Foods Market, 20955 Stevens Creek Blvd. 10. Adopt a resolution approving a final parcel map, Chiao-Fu Chang and Sue-Fay L. Chang, Kok Y. Ho and Yuet M. Ho, Hsing H. Kung and Margaret Kung, 2171 L 21713 and 21731 Alcazar Avenue, APN 357-19-018, 058, 079 and 080, Resolution No. 07-181. November 5, 2007 Cupertino City Council Page 3 Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 11. Adopt a resolution accepting the quitclaim deed for underground water rights, Chiao-Fu Chang and Sue-Fay L. Chang, Kok Y. Ho and Yuet M. Ho, Hsing H. Kung and Margaret Kung, 21711, 21713 and 21731 Alcazar Avenue, APN 357-19-018, 058, 079 and 080, Resolution No. 07-182. Acceptance of the quitclaim deed releases any claim that the grantor has to underground water rights on the property named. 12. Adopt a resolution approving an improvement agreement, Chiao-Fu Chang and Sue-Fay L. Chang, Kok Y. Ho and Yuet M. Ho, Hsing H. Kung and Margaret Kung, 2171 L 21713 and 21731 Alcazar Avenue, APN 357-19-018, 058, 079 and 080, Resolution No. 07-183. Through an improvement agreement with the City for a single-family development building permit, this applicant will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 13. Adopt a resolution approving a revised improvement agreement, Zhihong Liu, 10651 Merriman Road, APN 342-16-031, Resolution No. 07-184. Through an improvement agreement with the City for a single-family development building permit, this applicant was previously obligated to bond and construct city- specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. This revision of the original agreement is based upon an amended estimate of the cost of the specified improvements. 14. Adopt a Resolution authorizing the City Manager to enter into a Cooperative Work Agreement with the California Department of Transportation to extend the life of 2005- 06 Bicycle Transportation Account grant funds in the amount of $300,000.00 for the Mary Avenue Bicycle Footbridge Proiect, Resolution 07-185. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 15. Consider a six-month review of the temporary Use Permit (U-2004-04) to allow an opening time of 5:30 a.m. for Application No. M-2006-07, Laura Thomas (Peet's Coffee), 20807 Stevens Creek Blvd. APN 326-32-051. Sandoval/Mahoney moved and seconded to continue the hearing until November 20 to allow the owner to sign a letter of intent to add an entryway for access from his property to Whole Foods when he applies to upgrade his office buildings. The motion carried unanimously. November 5, 2007 Cupertino City Council Page 4 UNFINISHED BUSINESS - None NEW BUSINESS 16. Consider a Petition for reconsideration of the City Council's decision to deny an appeal of 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 Raffi, 10484 Byrne Ave, APN 357-14-013. The petitioner is Fatekh Vergasov, Resolution No. 07-186. Reza Raffi, property owner, urged Council to deny the petition. Mahoney/Lowenthal moved and seconded to adopt Resolution No. 07-186 denying the petition. The motion carried unanimously. Mayor Wang reordered the agenda to take up Item No. 18 next. 18. Receive a report on the former Moxley property on Lindy Lane and direct staff to continue to require the replanting of six oak trees pursuant to the recorded covenant. (Continued from October 16). Jennifer Griffin said that she doesn't like to see trees being cut down on construction sites. She urged to have the oak trees be replaced as soon as possible. Ron Berti said that the neighbors are prepared to spend money to get the drainage issue resolved and the road fixed, but want to see a contribution from Mr. Moxley first. He also asked that the trees be replanted. Council concurred to direct staff to send a demand letter to the property owners regarding compliance with the tree planting and the drainage work. Staff will come back to Council with a report in December. Council was in recess from 8:50 p.m. until 9:00 p.m. Item No. 17 was taken up next. 17. Report on North Vallco Plan (Phase 1). Marty Miller talked about the purpose of the North Vallco Study Committee. Debbie Stauffer, Chairperson of the North Val1co Committee, gave the recommendations and guiding principles from the committee: o Win-win partnership (with Apple and Hewlett Packard) o Workplace core (protect the industrial base) o Convenient services (access to needed services) o Settings for interaction (incentives to attract knowledge workers) November 5,2007 Cupertino City Council Page 5 o Walkability/connectivity o District identity and visibility o Sustainability (encourage new development) o Efficient land utilization o Protection of adjacent neighborhoods o Minimization of traffic impacts o Consideration of residential uses Jennifer Griffin said that the North Val1co area is a quiet, high-tech area and that it should remain that way. Sandoval/Lowenthal moved and seconded to receive the report. 19. Adopt a resolution establishing an Expense Reimbursement Administrative procedure for City Council members, commissioners, and committee members, Resolution No. 07-187, and adopt a resolution amending the Unrepresented Employees Compensation Program Training and Conferences Policy, Resolution No. 07-188. This item was continued to a Council meeting in Dec. or Jan. 20. Provide direction to the Planning Commission regarding Application No. CP-2007-03, City of Cupertino, Citywide, Historic Preservation Policies. Patrick Allen asked Council to consider the current property owners and what would be required of them. Jennifer Griffin said that it's important for Cupertino to recognize and embrace its past. She encouraged Council to allow plaques to be put around the City to memorialize historic sites. George Monk reminded Council that in 1997 the City concluded that an historic ordinance was not warranted and urged Council to not reopen that issue again. He noted that there is more interest in the historic preservation issue than just the 3 people there tonight and it would have been better if all of the owners from the 1997 list had been contacted. He urged Council to restrict any activities to structures that have only public or semi-public occupancy as outlined in the General Plan Policy 2-62. Don Westwood, owner of an historic home, requested Council to consider the property owners when developing a policy and before placing any restrictions on its use. Council concurred to direct staff to communicate with the Cupertino Historical Society to see if they are willing to partner with the City and take the lead in evaluating and providing recommendations on public and quasi-public sites of the City that would be warranted for some sort of historic preservation policy or review, and to update the historic inventory or landmark list. November 5, 2007 Cupertino City Council Page 6 21. Accept the resignation of Housing Commissioner Kim Mosleh and direct staff to fill the vacancy during the annual commission recruitment in January. Lowenthal/Mahoney moved and seconded to accept the resignation and to fill the vacancy during the annual commission recruitment. The motion carried unanimously. 22. Consider Dec. 18 at 5:00 p.m. to hold a study session regarding the Stevens Creek Corridor. (No documentation in packet). Lowenthal/Sandoval moved and seconded to schedule the study session for Tuesday, December 18, at 5:00 p.m. in the Community Hall. The motion carried unanimously. 23. Review and accept the recommendation from the Fiscal Strategic Plan Committee on General Fund and Capital Improvement Fund Reserves. Mahoney/Sandoval moved and seconded to accept the recommendation of the Fiscal Strategic Plan Committee as follows, to be done over the next several years: · Eliminate the Public Employees' Retirement System (PERS) reserve and move $1 million into the Economic Uncertainty Reserve II · Increase the Economic Uncertainty Reserve I by an additional $1.5 million · Combine both Economic Uncertainty Reserves to result in a total of $12.5 million (consistent with the average in California and the 30% or operating expenditure survey) · Retain the $5 million goal in the Capital Improvement Project Reserve, but move this reserve to the Capital Improvement Project (CIP) Fund · First priority of funding will be the Economic Uncertainty Reserve, then a small, unallocated amount in the General Fund for necessary midyear budget adjustments (up to $500,000), and finally the Capital Improvement Project Reserve. The motion carried unanimously. ORDINANCES - None ST AFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. November 5,2007 Cupertino City Council Page 7 ADJOURNMENT At 10:38 p.m. the meeting was adjourned. ~~'oll 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 Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.