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CC 02-04-08C O P E RT I N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, February 4, 2008 ROLL CALL At 4:00 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Kris Wang and Gilbert Wong (4:06 p.m.) Absent: none. STUDY SESSION 1. Annual Council work program study session. City Manager Dave Knapp presented the following to Council for their review and consideration: an updated status on the current fiscal year's work program, a list of new projects for 2008-09 and a list of volunteer projects for the Community Service Day scheduled for May 17. Council discussed these reports and provided direction to staff. Major Developments: It was confirmed that both the development agreement and the redevelopment agency applied only to the property formerly known as Vallco. Council directed staff to include the Hewlett-Packard property in this project area; to explore the implications of the expiration of the current development agreement; and to add the Oaks Shopping Center to major developments. Stevens Creek Corridor Park: Council clarified that only phase one was being addressed in the current work program and directed staff to develop the concept of phase two. Rancho Rinconada Park: make the word `park' plural in the document, as there were two parks, and note that to commence work on the Lawrence Expressway Linear Park meant to commence discussion of the project, not to commence construction. Sports Center Upgrade: Council agreed that the Sports Center Master Plan would not be added to the work plan at this time; the Director of Parks and Recreation was asked to report back on possible alternatives for a sports center and/or gymnasium. Quinlan Fountain: The Mayor and City Manager will report back to Council on the various alternatives for this project. February 4, 2008 Cupertino City Council Page 2 Public Safety: The City Manager will provide a report to Council on various alternatives including red light/flashing light/cross walks. Housing: The Nexus Study should be shown as completed. Council noted that if recipients cannot be found for the teacher housing assistance program, those funds should be allocated to other housing programs. Building Community: Add helping seniors and handicapped with home repairs; note that the cleanup of creeks applied not just to one creek; and ask Vice Mayor Mahoney to discuss his idea of a fall family festival with the public safety commission and report back to Council. New Projects: change `install' cryptosporidium protection for the civic center fountain to `evaluate'; change `pursue green projects' to `provide a list of possible green projects'; direct staff to review the Leadership Sunnyvale program as compared with the Leadership Cupertino program and report back to Council; and direct staff to add a sign code to the Planning Commission's work program with input from the Economic Development Committee. Council also reiterated that before staff set dates for major city events such as celebrations, dedications, etc. they should contact city council members to determine their availability. Jennifer Griffin thanked Council for their work on the Rancho Rinconada Parks and the Sterling Barnhart parcels. She also suggested establishing a master plan for the south Vallco area including input from the neighbors. Marty Miller, Planning Commissioner, commented that a development agreement for Vallco was important but a strategic plan was also needed for the entire area. RECESS Council recessed the meeting from 6:09 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. 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 -None February 4, 2008 Cupertino City Council Page 3 POSTPONEMENTS -None WRITTEN COMMUNICATION The City Clerk distributed documents associated with item No. 14. ORAL COMMUNICATIONS Gordon Frolich complimented city staff and contractors JJR for doing an outstanding job replacing the curbs and gutters in his neighborhood. He specifically acknowledged Kane Wolfe and backhoe driver Mike Freusen. CONSENT CALENDAR Wong/Wang moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. 2. Approve the minutes from the January 8, 15, 22, and 23 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for January 11 and 18, Resolution Nos. 08-010 and 08-011. 4. Adopt resolutions accepting Payroll for January 11 and 25, Resolution Nos. 08-012 and 08-013. 5. Accept the Treasurer's Bud eg t Report for December 2007, including a status report on general fund revenue and expenditures. 6. Adopt a resolution approving the Treasurer/Deputy Treasurer appointment, Resolution No. 08-014. 7. Approve a fee waiver request from the Rotary Club of Cupertino of approximately $180 in facility use fees for the use of the Cupertino Community Hall for a Candidate's Forum for the Cupertino City Council candidates on October 10, 2007 and January 23, 2008. 8. Adopt a resolution approving records destruction from the Parks and Recreation Department (Quinlan Community Center), Resolution No. 08-015. 9. Accept the Planning Commission recommendation to appoint Marty Miller as the Environmental Review Committee representative. 10. Accept municipal improvements, Sing-Chung Hu and Hsien-Hsien Diana Hu, 10026 Orange Avenue, APN 357-17-060 (No documentation in packet). February 4, 2008 Cupertino City Council Page 4 The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, driveway, and erosion control as required by the improvement agreement with the City. 11. Accept municipal improvements, Sanjay and Geetha Rao, 22314 Cupertino Road, APN 326-50-040 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, driveway, and erosion control as required by the improvement agreement with the City. 12. Accept municipal improvements, Qi G. Li and Aretha Lee, 21851 Lomita Avenue, APN 357-16-064 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, driveway, and grading as required by the improvement agreement with the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 13. Consider renewing bingo permits for Cupertino Coordinating Council, St. Joseph of Cupertino Church, and De Anza Force Soccer. (Continued from Jan. 15). Mayor Sandoval opened the public hearing. There were no speakers, and Wang/Wong moved and seconded to renew the three bingo permits as recommended by staff. The motion carried unanimously. UNFINISHED BUSINESS -None NEW BUSINESS 14. Consider Application Nos: U-2007-02, ASA-2007-04, TM-2007-05, TR-2007-09 (EA- 2007-03), Judie Gilli, Metropolitan Planning Group, Dollinger-De Anza Associates, 1601 S. De Anza Blvd., APN 366-10-132: a) Adopt a negative declaration b) Use permit for a new six-unit single-family residential development c) Architectural site approval for a new six-unit single-family residential planned development d) Tentative map for a new six-unit single-family residential development e) Tree removal to remove up to 22 trees February 4, 2008 Cupertino City Council Page 5 The City Clerk distributed the following items: • A draft copy of the Mitigated Negative Declaration form • A letter from Christopher Mann, Director of Real Estate services, Graniterock, dated January 31, 2008, expressing its opposition to the project because it is incompatible with surrounding commercial uses. • A letter from resident Helen Chen dated January 9, 2008, in support of the project, stating that the project is compatible with the neighborhood and consistent with city goals and policies • A letter from Richard Shapiro, dated February 4, 2008, on behalf of Graniterock, stating that the proposed project does not comply with zoning requirements; that Graniterock nor its landlord had received notice of the city's intent to adopt a negative declaration, which is required by law; and stating that the developer should not remove trees without providing financial security for its obligation to replace them. Planner Colin Jung addressed several staff recommendations including parking, noise, house size, easements, tree removal, protection of trees and green building standards. He explained that the Planning Commission had denied this application for the following reasons: houses too large, incompatibility with neighboring businesses, isolation of subdivision from other residential properties, and the negative impact on the development potential of the surrounding properties. Mr. Jung did note that if Council decided to support the project, staff recommended that it be remanded back to the Planning Commission for further plan review and recommendation on conditions of approval. Whitney McNair, principal of Metropolitan Planning Group, stated that the design concept met the city standards for its zoning of commercial/residential. She addressed the preservation of trees, the increase in setbacks, the window modifications and the addition of a pocket park. In response to an inquiry from the City Attorney, she stated they would prefer to have the project stay at the Council level, but would agree to have the project remanded back to the Planning Commission for a further hearing on the proposed conditions of the project as long as there was clear direction from the Council. Brad Smith, Pacific Peninsula Group, reviewed the site plan and noted their two main goals were to save as many trees as possible and provide a high quality project. Chris Mann, Director of Real Estate Services, Graniterock, read into the record his letter to the Council dated 1/31/08 which in part stated: `...we strongly feel that the proposed project is incompatible with surrounding commercial uses including our own and will invite inevitable conflicts between business and residences'. Bruce Woolpert, President and CEO of Graniterock, stated that it was important to preserve the commercial corridor along major routes and in his experience mixing commercial and residential did not work. February 4, 2008 Cupertino City Council Page 6 Sanjar Chakamlan, General Manager of the Graniterock Design Center, also stated that he did not think the proposed homes were a compatible use for this area. He noted that their business had increased over the past year and their future plans included possible expansion. Bill Cooper, owner of the Graniterock and Summerwinds property, stated that he had good tenants and he did not want to lose them. He also commented on the incompatibility of residential and commercial and strongly requested that if Council approved this project they require that recorded notifications be given to each residential tenant advising them of the commercial businesses in the area. Jennifer Griffin urged Council to protect the redwoods and oaks and also believed that the entire property needed a master plan. Dave Dollinger, property owner, commented that the current office building was fully leased and there was plenty of parking. He also noted that if a new office building was put on the property, which he was not planning as he had just remodeled the current one, the residential homes would still work on the site. He urged Council's approval of this project. Council discussed the project and voiced their concerns about parking, house size and compatibility with neighboring commercial properties. Wong/Mahoney moved and seconded to deny the use permit for a new six-unit single- familyresidential development. The motion carried unanimously. Wong/Mahoney moved and seconded to deny the tentative map for a new six-unit single- family residential development. The motion carried unanimously. As the other items were now moot, no action was taken on them. 15. Adopt a resolution supporting Extended Producer Responsibility, Resolution No. 08-016. Assistant Director of Public Works Glen Goepfert noted that adoption of the proposed Extended Producer Responsibility (EPR) resolution called on state government to pass producer responsibility legislation that gave incentives for redesign of products, making them less toxic; urged the City Council to send letters of support for EPR legislation; encouraged support for EPR legislation beyond universal waste; and established EPR policy for the city's own contracts and purchases. Wang/Mahoney moved and seconded to adopt, Resolution No. 08-016 to support Extended Producer Responsibility. The motion carried unanimously. RECESS The Council was in recess from 8:25 p.m. through 8:30 p.m. February 4, 2008 Cupertino City Council Page 7 NEW BUSINESS - (continued) 16. Receive a report from the Senior Commission and determine whether to disband the commission or make appointments. Staff noted that at their Jan. 24 meeting, the Senior Citizens Commission had made no recommendation on whether the Commission was an appropriate use of the Commissioners' time, staff time and the city's resources in serving the needs of the senior community. Staff explained that the commission had not had a busy schedule in the past for two reasons: First, because the city was not a social service agency and therefore the commission did not work on urgent issues related to seniors; and second, there were many other city commissions which addressed overlapping issues, as well as a very active Senior Center Advisory Board composed of representatives of all of the volunteers. Council discussed whether it was important to keep the Senior Citizens Commission in place, noting that it had been established five years ago. Their discussion included: (1) The limited accomplishments made thus far in the commission's history and whether it was a good use of the commissioners' time and staff time to continue; (2) Whether it would be beneficial for the commissioners to take a broader look at issues related to seniors; (3) Whether the Senior Commission members should meet more often; (4) Whether it would be beneficial for the Senior Commission to meet with other commissions, such as Parks and Recreation, to address issues of mutual interest. Mahoney moved that the City Council make appointments to the Senior Commission as discussed during the interviews last week; communicate to existing and new commissioners that they them to take a broader look at their responsibilities and come back with a proposal for a work program within a year. Sandoval seconded for purpose of discussion. Wang offered a friendly amendment to the motion that the Senior Commission meet as needed but more frequently than quarterly, and meet with the Parks and Recreation Commission when that group is discussing items of interest to the senior community. There was no second, and the amendment was withdrawn. The Parks and Recreation Director noted that it maybe difficult for the seniors to attend those evening meetings because many of them had difficulty traveling at night. Discussion followed about a suggestion that the Senior Commission have representation the Parks and Recreation Commission. The City Attorney cautioned that noticed, joint meetings would be acceptable, but members of the Senior Commission should not just show up at Parks and Recreation meetings because that may trigger a Brown Act violation. Mahoney withdrew his previous motion and made a new motion for purposes of clarification: That Council would appoint two new Senior Commission members, February 4, 2008 Cupertino City Council Page 8 encourage the commission to think more broadly about their role, and come back to Council with a work plan. Mahoney said he was open to friendly amendments for bimonthly meetings, to broader participation in other Parks and Recreation meetings, and possible joint meetings. Sandoval seconded for purposes of discussion, and said she would only support appointing new members and directing them to come back with a work plan, but not the other items. Wong seconded the friendly amendments for purposes of discussion, and suggested that the Senior Commission come back to the Council with a work plan in March. Discussion followed regarding the timing of the commission appointments and how long it would take for the group to prepare a work plan. Mahoney withdrew his motion and offered a new one, as follows: Appoint Mavis Smith, Thycaud Subramonian and Steven Stone to the Senior Commission; directed the commission to prepare a work plan; encouraged the commission to meet more often (at least six times a year); encouraged the commissioners to view their job more broadly; and encouraged the commissioners to attend Parks & Recreation Commission meetings as appropriate, possibly including joint meetings. The motion included that the City Council will review the matter in a year. Sandoval seconded and the motion carried unanimously. 17. Adopt a resolution authorizing the Mayor to execute a letter to local members of the California legislature regarding fiscal and programmatic difficulties presented to local governments by changes to the Municipal Regional Stormwater Permit currently proposed by the San Francisco Bay Regional Water Quality Control Board, Resolution No. 08-017. Wong/Mahoney moved and seconded to adopt Resolution No. 08-017. The motion carried unanimously. 18. Conduct the first reading of Ordinance No. 2008-2022: "An Ordinance of the City of Cupertino Amending the Cupertino Municipal Code, Adding Chapter 16.70 - Recycling and Diversion of Construction and Demolition Waste." The City Clerk read the title of the ordinance. Wong/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: Mahoney, Sandoval, and Wang and Wong. Noes: None. 19. Conduct the first reading of Ordinance No. 2008-2023: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Establishment of Vehicular Stop Required at Certain Intersections; Glencoe Drive at Garden Gate Drive, Hanford Drive at Beardon Avenue, and Fargo Drive at Beardon Avenue. February 4, 2008 Cupertino City Council Page 9 The City Clerk read the title of the ordinance. Mahoney/Wong moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, and Wang and Wong. Noes: None. Esrin Demirliogle suggested four-way stop instead of a two-way at Glencoe Drive and Garden Gate Drive. She did not believe atwo-way stop would address the problem. Council agreed to install the stop signs to solve the existing accident potential, and direct staff to review and report back on alternatives to controlling speed on Garden Gate Drive. 20. Select April 29, or some other date, for a City Council team-building session. (No documentation in packet). The City Council concurred to hold the team-building session on April 29, 2008 at 5:30 p.m. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:37 p.m. the meeting was adjourned. 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.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.