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Draft Minutes of 12/18/07C U P S RT I N O DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, December 18, 2007 ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Kris Wang and Gilbert Wong. Absent: none. (Gilbert Wong arrived at 5:10 p.m.). At 5:05 p.m. Mayor Dolly Sandoval called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. STUDY SESSION Conduct a study session regarding the Stevens Creek Corridor Park Restoration Protect. Bob Power, Executive Director for the Santa Clara Valley Audubon Society, said that Council has the opportunity to make astate-of--the-art, green, living creek that is energy- efficient and he supported the implementation. Leslie Fowler said that she loves McClellan Ranch and uses the bridge at Scenic Blvd. to go to the park. She noted concerns she had about the two-lane bike path, but is encouraged with the upgraded paving. She said she also like the path on Byrne to help kids get to school safely. Jeanne Bradford, Parks and Recreation Commissioner, said that many people, both staff and community, have put a lot of effort into this project. She said Black Berry Farm has served the community for a long time and will continue to serve it. Rhoda Fry said that she is happy to see improvements in the project, but is concerned about funding and how much money would be required to maintain the park. Two additional concerns she noted is that the park would still be aimed more toward non- residents, and the proposed location of the golf maintenance facility violates City code by being too close to homes. Deborah Jamison said she has been involved in every aspect of the project since 1993. She said she still has some concerns, especially regarding the trail and enforcing people to stay on the trail, but is in favor of the creek restoration as planned, including the tree removals. December 18, 2007 Cupertino City Council Page 2 Gail Bower said she is unhappy about removing 54 trees. She showed an aerial photo of the area where trees would come out and noted the removal will make a big impact. She urged Council to plant as many large box trees as possible and to maintain a quiet corridor by not allowing bikes through park. Ann Ng said that she is in favor of the plans, including removing the trees. She suggested that amulti-use trail going through the park is the best way to keep bikes in one place through the park. Aaron Grossman, Executive Director of the Friends of Stevens Creek Trail and Wildlife Corridor, said that the plans are well thought out and environmentally sensitive. He noted that the gain of trees in a ratio of 6:1 makes up for the loss of 54. He also said that a multi-use trail through the park is essential for both community support and safe routes to school. He noted that public access is critical and serves local needs. Norm Donovan said that the final plan makes a way for kids who live in the Scenic Blvd. area to walk and bike to school rather than having to be driven. Carol Stanek said that she wants to be sure kids are safe and urged Council to note in the plans that the entrance off Byrne is not safe. She said she was unclear as to whether the bridge would actually be staying, but urged Council to keep it for access to the other side of the creek. Mayor Sandoval reminded people that at this study session Council would not be debating the plan itself but are only receiving an update on the landscaping and configuration of the creek. She noted that at a meeting in February, Council would be discussing the park documents, the solar roof on the maintenance shed, and the environmental classroom design, and would then go out to bid on the project. Council comments included: Remove the bridge from Phase 1 so as not to give the wrong impression that the bridge might still be removed in the future; follow the tree ordinance; the parking lot restructure is good; looking forward to choices for solar; think about the whole project including Phase 2 funding. so as not to be strapped for funds at that phase; get a feel for landscaping and restoration; in February bring back design drawings, engineer estimates, classroom and shed designs and begin discussing Phase 2. RECESS -the meeting was recessed from 6:19 to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order and led the Pledge of Allegiance. December 18, 2007 Cupertino City Council Page 3 ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 2. Proclamation for STRIKE! Cupertino. (No documentation in packet). Mayor Sandoval presented the proclamation to David Nekko, STRIKE! Cupertino Executive General Manager, and Naomi Nakano-Matsumoto of Cupertino Community Services (CCS) for their partnership in providing meals to CCS clients on Thanksgiving. 3. Proclamation for the winners of the Lego Robot Competition. (No documentation in packet). Mayor Sandoval presented the proclamation to the six students from Christa McAuliffe Middle School for winning the competition. POSTPONEMENTS Mahoney/Wong moved and seconded to continue Item No. 22 regarding the Marukai store to Jan. 8, as requested by the applicant. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed an updated Council committee chart for Item No. 28. ORAL COMMUNICATIONS Jack Koplik distributed pictures of his street and said that only patchwork paving of the streets have been done. He asked when the roads would be paved again. Mayor Sandoval asked staff to get back to this resident who lives on Sutherland Ave. Naomi Nakano-Matsumoto, Cupertino Community Services (CCS), thanked Council for helping CCS to reach significant milestones: 15th year of the rotating shelter program; partners with the United Way for 20 years; and 35th anniversary of CCS. To contact CCS call 255-8033 or go to the website at www.cupertinocommunityservices.or~;. December 18, 2007 Cupertino City Council Page 4 CONSENT CALENDAR Wang/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. 4. Approve the minutes from the November 20 and December 4 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for November 9, 16, 23, and 30, Resolution Nos. 07-195, 07-196, 07-197, 07-198. 6. Adopt resolutions accepting Payroll for November 16 and 30, Resolution Nos. 07-199, m_~nn 7. Accept the Treasurer's Investment Report for October 2007. 8. Adopt a resolution declaring weeds on certain properties a nuisance and set a hearing date of January 8, Resolution No. 07-201. 9. Adopt a resolution approving the destruction of records from the City Clerk and City Manager departments, Resolution No. 07-202. 10. A pry ove an application for an Alcoholic Beverage License - On Sale Beer & Wine Eating Place (41) for Fontana's Italian Restaurant, 20840 Stevens Creek Blvd. 11. Adopt a resolution terminating the California Public Entity Insurance Authority (CPEIA), Resolution No. 07-203. 12. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale of approximately $280 in facility use fees for the use of the Cupertino Community Hall for a Candidates Forum for the Cupertino City Council candidates on January 10, 2008. 13. Adopt a resolution approving an improvement agreement, Evershine VI, L.P., A California Limited Partnership, Marketplace Shopping Center (Bldg. C), APN(s) 369-06- 009 and 369-06-010, Resolution No. 07-204. Through an improvement agreement with the City for a commercial unit 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, as well as storm drain facilities and drainage swales. 14. Adopt a resolution authorizing execution of a Stormwater Management Facility Easement Agreement, Evershine VI, L.P., A California Limited Partnership, Marketplace Shopper Center (Bldg. C), APN 369-06-010, Resolution No. 07-205. Through an agreement with the City, the property owners of this commercial development will be required to grant ingress and egress rights to the City for the purpose December 18, 2007 Cupertino City Council Page 5 of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. 15. Adopt a resolution authorizing execution of a Stormwater Management Facilities Operation and Maintenance Agreement, Evershine VI, L.P., A California Limited Partnership, Marketplace Shopping Center (Bldg. C), APN 369-06-010, Resolution No. 07-206. Through an agreement with the City, the property owners of this commercial development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 16. Adopt a resolution approving a Maintenance Agreement, Bay Colony Investors II, Inc., Oak Park Village, 10745 N. De Anza Boulevard, APN 326-10-064, Resolution No. 07- 207. Through an agreement with the City, the property owners of this residential development will be required to maintain all non-standard items within the City's right of way. 17. Adopt a resolution authorizing execution of a Stormwater Management Facility Easement Agreement, 1200 San Mateo Avenue, LLC, A California Limited Liability Corporation, 10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 07-208. Through an agreement with the City, the property owners of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. 18. Adopt a resolution authorizing execution of a Stormwater Management Facilities Operation and Maintenance Agreement, 1200 San Mateo Avenue, LLC, A California Limited Liability Corporation, 10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 07-209. Through an agreement with the City, the property owners of this commercial development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rai _h_ts, 1200 San Mateo Avenue, LLC, A California Limited Liability Corporation, 10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 07-210. The property owners of this commercial development agree to grant to the City the right to extract water from the basin under the overlying property. December 18, 2007 Cupertino City Council Page 6 20. Adopt a resolution accepting a Grant of Easement for Public Access Purposes, 1200 San Mateo Avenue, LLC, A California Limited Liability Corporation, 10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 07-211. The property owners of this commercial development agree to grant to the City the right to enter and use a Public Access Easement over portions of sidewalk residing on the property. 21. Accept municipal improvements, Baldev Singh Jandu and Harinder Kaur Jandu, 10276 Orange Avenue, APN 357-19-032. (No documentation in packet). These applicants have completed City-specified improvements in the City right-of--way, including curb, gutter, sidewalk, and sewer line as required by the improvement agreement with the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 22. Consider Application Nos. U-2007-11 and M-2007-02, Wayne Okubo (Evershine), 19620-19780 Stevens Creek Blvd, APN 369-06-008 to 010. (Applicant requests continuance to Jan. 8, 2008): a) Use permit to allow a food store (Marukai) totaling 28,690 square feet located in the Marketplace Shopping Center (former Longs Drug site) b) Modification to an existing use permit (16-U-76) to modify the conditions under which food services businesses will be allowed in the Marketplace Shopping Center along the rear service corridor Under postponements this item was continued to January 8. UNFINISHED BUSINESS NEW BUSINESS 23. Consider implementation of a two-year funding cycle for Community Development Block Grant (CDBG) public service grants commencing in Fiscal-Year 2008-09. Wang/Wong moved and seconded to adopt the staff recommendation to approve implementation of a two-year funding cycle for the CDBG public service grants, and to direct staff to amend the Citizen Participation Plan to reference the two-year cycle. The motion carried unanimously. December 18, 2007 Cupertino City Council Page 7 24. Consider accepting proposal from Habitat for Humanity for the Cleo Avenue Affordable Housing Development. Cecilia Attix said she has nothing against Habitat for Humanity, but had concerns about the amount of money. She asked to be notified if anything happens with the property. She also noted concerns regarding the request for a zoning change by Habitat and how that would affect property values. She urged Council to get input from neighbors before making any decisions. Community Development Director Steve Piasecki said that staff met with Ms. Attix and members of her family. He clarified that tonight's decision would only be to allow Habitat to design the project and that neighbors would be notified when the project comes to staff. Jennifer Simmons, representative for Habitat for Humanity, said she is excited to work with the City. She explained the application process of finding a family and the requirements necessary before they can buy the home. Wong/Mahoney moved and seconded to accept the proposal and initiate the rezoning. Wang made an amendment to the motion to separate the action into two votes. Wong seconded the amendment. The motion to make them separate votes carried unanimously. The original motion to accept the proposal carried unanimously. Wong/Mahoney moved and seconded to initiate the rezoning. The motion carried unanimously. 25. Consider dissolving the teacher housing assistance prog_am and utilizing the funds for other affordable housing developments. Jennifer Griffin urged Council to continue the teaching program and to bring the loan amount up to $100,000 each. Mahoney/Sandoval moved and seconded to increase the loan amount to $100,000, while keeping the boundaries the same, review in a year, and consider reallocation. Wong offered a friendly amendment to review in 6 months. The amendment was accepted. The motion carried unanimously. 26. Adopt a resolution approving the 2007-08 Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 07-212. Wang/Wong moved and seconded to adopt Resolution No. 07-212, accepting the Sheriff's request for the expenditure of COPS funds. The motion carried unanimously. December 18, 2007 Cupertino City Council Page 8 27. Adopt a resolution establishing an Expense Reimbursement Administrative procedure for City Council members, commissioners, and committee members, Resolution No. 07-213, and adopt a resolution amending the Unrepresented Employees Compensation Program Training and Conferences Policy, Resolution No. 07-214. (Continued from Nov. 5). Administrative Services Director Carol Atwood distributed amendment to the staff report, which also changed the resolution regarding expense reimbursement. Mahoney/Wong moved and seconded to adopt Resolution Nos. 07-213 and 07-214 with an amendment to resolution 07-213 to add appropriate language requiring the submission of actual receipts for reimbursements and allowing Silicon Valley Leadership Group functions and luncheons as a reimbursable activity. The motion carried unanimously. 28. Select Council committee delegates and alternates. Mahoney/Sandoval moved and seconded to accept the assignments as amended. The motion carried unanimously. Mayor Sandoval noted that the Santa Clara County Expressway Committee would be brought back for Council appointment selection when she hears from the committee. Kris Wang expressed interest in being on that committee. ORDINANCES Deputy City Clerk Grace Schmidt read the titles of Ordinance Nos. 07-2016 through 07-2021. Wang/Mahoney moved and seconded to read the ordinances by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. Wang/Wong moved and seconded to enact Ordinance Nos. 07-2016 through 07-2021. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. 29. Conduct the second reading of Ordinance No. 07-2016: "An ordinance of the City of Cupertino repealing and re-enacting Chapter 16.16 of the Cupertino Municipal Code adopting the 2007 edition of the California Electrical Code." 30. Conduct the second reading of Ordinance No. 07-2017: "An ordinance of the City of Cupertino amending Chapter 16.20 of the Cupertino Municipal Code adopting the 2007 California Plumbing Code." 31. Conduct the second reading of Ordinance No. 07-2018: "An ordinance of the City Council of the City of Cupertino amending Chapter 16.24 of the Cupertino Municipal Code and adopting the 2007 California Mechanical Code." December 18, 2007 Cupertino City Council Page 9 32. Conduct the second reading of Ordinance No. 07-2019: "An ordinance of the City Council of the City of Cupertino adding Chapter 16.70 to adopt the 1997 Uniform Code for the Abatement of Dangerous Buildin sg Code." 33. Conduct the second reading of Ordinance No. 07-2020: "An ordinance of the City Council of the City of Cupertino repealing and re-enacting Chapter 16.40 of the Cupertino Municipal Code adopting the 2007 edition of the California Fire Code and the 2006 International Fire Code." 34. Conduct the second reading of Ordinance No. 07-2021: "An ordinance of the City of Cupertino amending Chapter 16.04 of the Cupertino Municipal Code and adopting the 2007 California Building Code Volumes 1 and 2." STAFF REPORTS 35. Receive a report on the former Moxleyproperty on Linder regarding tree planting and driveway improvements. Mark Santoro said that he was disappointed in the City's behavior in this matter. He noted that the property wasn't put back into its original state and he said it was unfair to tag the current owners with the problem. He said the City is negligent in not putting in a storm drain if Mr. Moxley doesn't comply. Seema Mital said that when she purchased Lot A she understood that all utilities would be at the lot line, including a storm drain. She explained that her drainage was connected to an underground storage, but later found out it was a private drain. She has made arrangements to reimburse the owner of the private drain but requests that the City use the securities to allow her to tap into the underground storm in addition to paying for improvements at the bottom of the road. Barry Pangrle asked Council what the City's recourse would be if the bond were released. Sherry Fang said she supports her neighbors and the City shouldn't make the new owners bear the whole burden. She urged the Council to investigate how the money got refunded back to Moxley from the bank. Council concurred to give direction to staff to agendize this as an action item and bring back funding options regarding the drainage issue. The tree planting issue has been resolved. December 18, 2007 Cupertino City Council Page 10 36. Receive a staff report on the Heart of Cit~Recific Plan review. Darrel Lum gave suggestions for which areas he would like to be involved in the Heart of the City. Norm Hackford said that since the Heart of the City is like the General Plan that affects the whole City, there should be public input before it goes before the Planning Commission. Jennifer Griffin encouraged Council to keep the double row of ash trees and green setbacks, make a master plan for the S. Vallco area, and receive public input. Council concurred to hold a study session sometime in February before the item goes to the Planning Commission. Council will give staff its top 10 issues that the Planning Commission should address. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT The meeting was adjourned at 11:37 p.m. to Tues. Jan. 8 at 6:45 p.m. 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.or~;. 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.