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CC 11-20-07CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, November 20, 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 MATTERS -PRESENTATIONS 1. Presentation from the Santa Clara County Board of Supervisors and the City of Cupertino to the Santa Clara County Fire Department commending the fire department for their skill, quick response, and dedication to the saving of lives and properties of the citizens of Santa Clara County. (No documentation in packet). Mayor Wang and Santa Clara County Supervisor Liz Kniss presented the commendation from the Board of Supervisors. Ms. Kniss talked about the Fire Department's response to a recent fire in the hills near Cupertino, and expressed appreciation on behalf of the community. The Deputy Fire Chief accepted the commendation on behalf of the Fire Department. 2. Presentation to the City Channel regarding its first place international competition award for its City Council television coverage. (No documentation in packet). Mayor Wang presented Peter Coglianese with a proclamation commending the City Channel staff for its first place NATOA award. In this international competition including 31 states and over 130 agencies Cupertino received first place for its City November 20, 2007 Cupertino City Council Page 2 Council coverage. It was also noted that last year Cupertino received honorable mention for its community congress. 3. Video presentation on Cupertino Veteran's Memorial dedication November 11. (No documentation in packet). Council thanked Donna and Corky Axelson and Sandy James for their outstanding efforts in bringing this Veteran's Memorial to completion. The November 11 dedication was a tribute not only to all veterans but also to all members of the Cupertino community. Sandy James and Donna and Corky Axelson thanked all who worked so hard on the Veterans' Memorial. Special thanks were extended to the Public Works Department for their work on this project. They noted that there was still work to be done on the memorial and a final report would be brought to the Council at a later date. 4. Presentation from Phil Liao of Orbit Properties, LLC to introduce himself as a new owner of Cupertino Square. (No documentation in packet). This item was removed from agenda and will be rescheduled. POSTPONEMENTS The City Clerk explained that appellant Linda Gohl had withdrawn her request to continue item No. 12. WRITTEN COMMUNICATIONS The City Clerk distributed copies of the following documents: • A letter dated November 16 from John Volckmann, Stevens Creek Officer Center Associates, to the Planning Director, expressing their intention to install the pedestrian access from Peet's Coffee to the northeast corner of Whole Foods Market (Item No. 11). • A written report regarding the appeal of a proposal on Vai Avenue accompanied by a petition (Item No. 12). • A letter dated November 19 from Carolyn Armanini stating that the final agreement between the pavement contractor and property owner will be signed next week, and the paving work can begin in early December (Item 26). ORAL COMMUNICATIONS John Muskivitch thanked Council for their support of the AYSO soccer program and also thanked the Public Works Department, particularly John Bisely and his staff, for their maintenance of the fields. He also commended the Council's support of the city's excellent community emergency preparedness programs. November 20, 2007 Cupertino City Council Page 3 Janice Sung, acting chair of Cupertino/Hsinchu Sister City Association, thanked all involved with the 2007 Student Exchange Hosting Program. She noted that this was an excellent learning opportunity as well as a chance to make new friends from other countries. Parents who were currently hosting students spoke to the Council and noted what a wonderful opportunity this program provided. Dale Pollek commented on the city's excellent recycling program. He also noted two safety issues on Highway 85. Trucks were traveling in both directions on 85 and since they were not allowed he wondered which agency should be advised of this situation. At the intersection of 85 and Stevens Creek there was a right turn on red allowed which he thought should be eliminated as it allowed for dangerous traffic situations. Mr. Pollek also spoke on the importance of sports programs in the city and recommended providing for more indoor space for sports activities. Michael Gottwald thanked Councilmember Lowenthal for his many years of service to the city and for his inspiration and contributions to the community. CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None 5. Approve the minutes from the November 5 City Council meeting. 6. Adopt a resolution accepting Accounts Pale for November 2, Resolution No. 07-189. 7. Adopt a resolution accepting Payroll for November 2, Resolution No. 07-190. 8. Adopt a resolution approving the destruction of records from the City Clerk and City Manager departments, Resolution No. 07-191. 9. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, John D. Wahler and Susan C. Wahler, 22331 Santa Paula Avenue, APN 357-04-002, Resolution No. 07- 192. The owners grant 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. 10. Adopt a resolution accepting a Grant of Easement for Public Utilities, John D. Wahler and Susan C. Wahler, 22331 Santa Paula Avenue, APN 357-04-002, Resolution No. 07- 193. The owners grant the City of Cupertino, for public utility purposes, the right of way to construct, repair, operate, and maintain any and all public utilities and improvements that shall be or become necessary. November 20, 2007 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 11. Consider asix-month review of 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. (Continued from November 5). The City Clerk distributed a letter dated November 16 from John Volckmann, Stevens Creek Officer Center Associates, to the Planning Director, expressing their intention to install the pedestrian access from Peet's Coffee to the northeast corner of Whole Foods Market. Lowenthal/Sandoval moved and seconded to uphold the renewal of the modification to the previous use permit, which would allow Peet's Coffee to continue opening at 5:30 a.m. The motion carried unanimously. Mayor Wang re-ordered the agenda to discuss item Nos. 14 and 15 next. NEVI BUSINESS 14. Award the contract for Phase II of the Mary Avenue Bicycle Footbridge Project and other related items: A. Appropriate $716,000 from the Gas Tax Reserve and from accumulated operating savings from the FY 2006-2007 Budget to the Mary Avenue Bicycle Footbridge Project in the 2007-2008 Capital Improvement Program. B. Accept a budget augmentation from the Valley Transportation Authority for the Mary Avenue Bicycle Footbridge Project in the amount of $3,350,000. C. Restore the Project Budget Augmentation allocated to the Mary Bicycle Footbridge project to support the bid process to the Stevens Creek Corridor project budget in the amount of $5.701 Million in FY 2007-2008 and in the amount of $1.000 Million in FY 2008-2009. D. Award a contract for the Phase II construction of the Mary Avenue Bicycle Footbridge in the amount of $7,469,735 to Golden State Bridge Inc. and allocate a construction contingency in the amount of $1,000,000. E. Authorize the City Manager to negotiate and execute a contract with Aidala Studios for the fabrication of the project sculptures as approved by the Council in an amount not to exceed $145,000. November 20, 2007 Cupertino City Council Page 5 F. Authorize the City Manager to negotiate and execute Amendment No. 1 to the Design Services Contract with HNTB, Inc for Architectural and Engineering services during construction in an amount not to exceed $425,000 for a total contract amount not to exceed $1,200,000. The Public Works Director presented an overview of bids received, budget comparisons, funding, project cost allocations and scheduling. He noted that if approved by Council construction would begin in January 2008 and the structure would be completed in December, 2008. Final completion would be in March, 2009 Scott Stauffer, Chamber of Commerce, stated his support of this project. He noted it was a vision of the city, a symbol of the community and a benefit not only to Cupertino but also to the neighboring communities. Joe Walton, David Greenstein, Anne Ng, Jim Wiant, Don Burnett and Kevin Jackson also submitted speaker cards expressing their support of this project. Council noted that this was a regional project which was good for the communities. Particular thanks were expressed to the Public Works Director whose commitment and vision for this project had been instrumental in bringing it before Council. Mayor Wang asked about the possibility of unused contingency funds to the city. Staff responded that these figures would not be available until the final auditing of the project was completed. Lowenthal/Sandoval moved and seconded to approve the staff recommendation (items A- Fabove). The motion carried unanimously 15. Interim report on alternative considerations regarding the evaluation of traffic issues in the tri-school area, including Monta Vista High, Kennedy Middle, and Lincoln Elementary Schools. (Continued from October 2). Senior Civil Engineer David Stillman commented that Council had requested further analysis of the school busing service and shuttle options. The consulting firm of Nelson Nygaard had been hired to work with staff on this analysis. The fiscal impact of the results of this analysis are as follows: pilot project (two shuttles) -annual cost $130,000; McClellan only shuttle -annual cost $232,000; McClellan/Bubb shuttle -annual cost $470,000; and full school busing -annual cost $1 million with a minimum three year contract required. Staff was recommending that Council not proceed with any school busing or shuttle program. Noel Eberhardt expressed his concerns about traffic safety on Bubb. He noted that the laws regarding bike lanes were not being enforced and he believed this was a liability issue for the city. David Greenstein noted that a few years ago he started a program of offering to walk students to school. There was little initial response and now four years later there were about thirty children who participated. He noted that it required people changing their November 20, 2007 Cupertino City Council Page 6 behavior patterns to make programs such as shuttles work. Councilmember Lowenthal referred to Mr. Greenstein's program and asked what made such a program work. He suggested looking at these more basic ideas and making them work on a bigger scale. Vice Mayor Sandoval reiterated her concerns from an earlier meeting: The city can not provide long term funding for these programs; school districts have been reluctant to do anything to alleviate traffic such as altering school hours; school districts are reluctant to contribute any kind of funding; other parts of the city may want a bus solution; and use of the $290,000 in funding should address the needs of the entire city, not just one small section. Councilmember Mahoney had hoped for a pilot program at a reasonable cost but studying this analysis it appeared that this was not possible. Mayor Wang considered this a very serious safety issue and believed the program was a good use of city money to see if it might help address the problem. She realized that in order for it to be successful, it would require a lifestyle change, and she acknowledged that she had not received support in this area. Sandoval/Mahoney moved and seconded to receive the report. No other action was taken, and the motion carried unanimously. Later in the evening, under "Council Reports", the matter was considered further: Mayor Wang brought up the issue of the earlier Council discussion on traffic issues in the tri-school area. Rather than having no action taken on this report she suggested that it be sent to the Public Safety Commission for review and recommendation. Council agreed to send this report to both the Public Safety Commission and the Bicycle and Pedestrian Commission for review and proposed solutions. The Director of Community Development Steve Piasecki also noted that the street improvements discussed with a previous applicant for the Results Way property would be discussed with a current applicant for that site. These improvements included reconfiguration to allow for more drop-off sites for the schools in that area. RECESS The meeting was in recess from 8:45 p.m. to 8:55 p.m. PUBLIC HEARINGS (continued) 12. Consider two appeals of the Planning Commission's decision to approve a Residential Design Review for a new two-story 6,677 square foot residence and a Minor Residential Permit to construct front and rear second story decks on the new residence, Planning Commission Resolution No. 6488, Application Nos. R-2007-01, RM-2007-29, Tuan Cao (Ferng residence), 21410 Vai Ave, APN 362-OS-026 (Appellants regarding item A request a continuance to the next Council meeting): a) The appellants are numerous nei hg born appealing the following issues: front yard November 20, 2007 Cupertino City Council Page 7 setback, building material, building height, building size, and privacy mitigation measures b) The ~pellants are the applicants and residents, Chia-Lun &Hsiao-Chen Fern, appealing the following issues: front yard setback and entry/living room plate height. Appellant Linda Gohl withdrew her previous request to continue this item. The following spoke regarding the above-referenced 12(a) appeal: Bryan Lanser, Matangi Rajamari, John Stubblebine, Jack Carter, Govind Setlur, and Mary Enright. They raised the following issues: the Rl ordinance should be enforced in its entirety; there would be a negative impact on light, air and privacy; the R1 ordinance states that homes must be reasonably compatible with the neighborhood; the floor area ratio is outside the maximum limit; there are no green features to address concerns regarding global warming; the mass and bulk of the design is not compatible with neighborhood; the house is too big; and the scale of project would have a negative impact on surrounding neighborhoods. It was also noted that 100 neighbors had signed a petition agreeing with these comments. Jennifer Griffin suggested this area might be rezoned to a special zoning area. Mr. Phat Vu, representing Chia-Lun and Hsiao-Chen Ferng, commented that the applicants had been working on this project for over a year and the delays had been both stressful and costly. They had worked hard to meet all the rules and regulations and the Planning Commission findings were that this project was consistent with the General Plan. They were asking that they be treated fairly. Hsiao-Chen Ferng, applicant, addressed the changes they had made since this project started and noted that they had followed the city's rules and regulations. She did not think it was fair or appropriate for her neighbors to design her home. The following spoke in favor of the above-referenced 12(b) appeal: Ning Chang, Richard Randolph, Erica Ferng and Kai Ferng. They noted that this project had adhered to city codes and had received Planning Commission approval. The applicants had put roots in the community and the schools and should receive the results of due process. Council discussed the appeals before them and noted that, while they appreciated the changes that the applicants had made to the project, the house was still too large. The proposed home was beyond a transition home and was not compatible with the neighborhood. The suggestion was made to uphold appeal A, deny appeal B, require that the house be limited to 5,200 square feet or a 35% FAR and return the matter to the Planning Commission for all other design decisions. It was noted that it might be better to stipulate 35% FAR rather than the square footage. November 20, 2007 Cupertino City Council Page 8 The Director of Community Development Steve Piasecki stated that if Council decided on 35% FAR, staff would strongly advise future homeowners that they follow the same size or they would potentially run into the same problem. Lowenthal/Sandoval moved and seconded to deny appeal 12(b). The motion carried unanimously. The City Attorney noted that the applicants had the right to a decision tonight. The proposal was to limit the size of the house to 35% FAR. All other design issues would be determined by the Planning Commission. If the applicants agreed with sending it back to the Planning Commission they would not have to reapply, thereby saving their time and money. RECESS 10:25 to 10:40 p.m. The City Attorney restated his question to the applicants and noted that the Council would not hear any future appeals regarding the size of the house. The applicants, Chia-Lun and Hsiao-Chen Ferng, agreed to the proposal that the Council would remand their application back to the Planning Commission. Lowenthal/Mahoney moved and seconded to uphold appeal 12(a) and to remand the project back to the Planning Commission for all design decisions with the requirement that the maximum house size be 35% FAR. UNFINISHED BUSINESS -None NEW BUSINESS (continued) 13. Consider designating an annual Cupertino Community /Volunteer Service Day. Don Allen asked that Council declare a Community Service Day which would bring individuals and groups together in a common activity. One example would be maintenance of the new Veteran's Memorial. Council acknowledged this was a good idea and thanked Mr. Allen for his suggestion. The City Manager commented that the steps to be taken were: determine a date, identify projects and identify volunteers. Council also suggested asking Mr. Allen to help launch this volunteer day. Sandoval/Lowenthal moved and seconded to institute a Community Volunteer Service Day, with a date and work plan to be determined at a later date. The motion passed unanimously. November 20, 2007 Cupertino City Council Page 9 16. Consider adopting incentives for participation in a green building_program, Application No.CP-2007-01, City of Cupertino, Citywide. Staff distributed a copy of the Santa Clara County Cities Association "Green Building Collaborative" mission and goals. Assistant Planner Piu Ghosh presented the staff report which included the recommendation that the City Council decide which incentives to offer residents to encourage sustainable and green building techniques. Staff further recommended the following: 1) Applicants be given a choice between getting either the Building Permit Rebate or the Green Point Rater Fee Rebate for the duration of the voluntary green building program or until the $50,000 runs out; 2) Consider FAR as a potential incentive; 3) No changes be made to the solar permit fee; 4) A constructions and demolition waste recycling ordinance be prepared and adopted; 5) Green Building Awards be awarded to projects that exceed the green building thresholds; 6) Expedite Plan Check for green buildings only through voluntary phase; and 7) Endorse minimum Green Building thresholds. Scott Stauffer, Cupertino Chamber of Commerce, noted that they were very interested in working with the city on this issue but would like the opportunity to review the staff report. Council discussed the staff recommendations and concurred with most of them. They did decide however that more information was needed on the FAR issue. Sandoval/Lowenthal moved and seconded to adopt the following incentives for participation in a green building program: • Every city government building in future will meet a silver LEED minimum • Institute expedited plan checking for green building design components • Award Green Building projects a Green Building Award or Certificate • Adopt a construction and demolition waste ordinance of 60% • Pay the Green Point Rater Fee as a financial incentive for new residences to be green, up to the $50,000 budget item. • Staff to provide alternatives to consider FAR incentives November 20, 2007 Cupertino City Council Page 10 17. Conduct the first reading of Ordinance No. 07-2014: "An Ordinance of the Cupertino City Council amending Section 13.04.150(H) of the Municipal Code related to use of Bicycles in City Parks." The City Clerk read the title of the ordinance. 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: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 18. Conduct the first reading of Ordinance No. 07-2015: "An Ordinance of the Cupertino City Council amending sections of the Cupertino Municipal Code regarding Advisory Commission Chairperson and Vice Chairperson terms and extending the Term Expiration Date for the Bicycle Pedestrian and Public Safety Commissions from January 15 to January 30." 19. Conduct the first 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." 20. Conduct the first 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." 21. Conduct the first 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." 22. Conduct the first 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." 23. Conduct the first 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." 24. Conduct the first 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." The City Clerk read the titles of the ordinances in items 18 through 24. November 20, 2007 Cupertino City Council Page 11 Lowenthal/Sandoval moved and seconded to read these ordinances by title only, and that the City Clerk's reading would constitute the first readings thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 25. Direct staff to fill an unscheduled Planning Commission vacancy during the annual commission recruitment in January, contingent upon Planning Commissioner Gilbert Wong being sworn in to the City Council. (No documentation in packet). Sandoval/Lowenthal moved and seconded to fill the anticipated Planning Commission vacancy during the annual recruitment in January. The motion passed unanimously. ORDINANCES 26. Conduct the second reading of Ordinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.2 Gross Acres From P (REC, Enter, Ltd Com) To CG Located at 20916 and 20956 Homestead Road Application Z-2006-06." (Continued from October 16). The City Clerk distributed a letter dated November 19 from Carolyn Armanini stating that the final agreement between the pavement contractor and property owner will be signed next week, and the paving work can begin in early December. 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: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Lowenthal/Mahoney moved and seconded to enact Ordinance No. 07-1994. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None STAFF REPORTS COUNCIL REPORTS Councilmember Lowenthal again acknowledged the newly dedicated Cupertino Veterans Memorial. He was proud of the ceremony and the city's citizens. He also noted that he and Councilmember Mahoney would be going to Sacramento next week for further discussions on the TEA Legislation. Mayor Wang brought up the issue of the earlier Council discussion on traffic issues in the tri- school area (item No. 15). Rather than having no action taken on this report she suggested that it November 20, 2007 Cupertino City Council Page 12 be sent to the Public Safety Commission for review and recommendation. Council agreed to send this report to both the Public Safety Commission and the Bicycle and Pedestrian Commission for review and proposed solutions. The Director of Community Development Steve Piasecki also noted that the street improvements discussed with a previous applicant for the Results Way property would be discussed with a current applicant for that site. These improvements included reconfiguration to allow for more drop-off sites for the schools in that area. ADJOURNMENT At 11:47 p.m. the meeting was adjourned. Kimberly Smit , ity 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.