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CC 04-01-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 1, 2008 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 Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS Mayor Dolly Sandoval re-ordered the agenda to take up item No. 2 first, and to hold item No. 1 until the school district representatives arrived from another meeting. 2. Proclamation for Vanessa Ing. Mayor Sandoval presented a proclamation to Vanessa Ing in recognition of her first place essay in the Healthy Trust Essay Contest. Ms. Ing, a student at Monte Vista, addressed the issues related to having a healthy Cupertino community. POSTPONEMENTS -None WRITTEN COMMUNICATIONS -None ORAL COMMUNICATIONS Debbie Stephens Stauffer, a member of the Parks and Recreation Commission, stated that there had been public interest expressed in having off-leash dog areas in Cupertino. Council directed staff to put an item on the next agenda to consider asking the Parks and Recreation Commission to look into options for off-leash dog areas. Alex Tsai, a resident living next to Blackberry Farm, spoke about the new Stevens Creek Park project and its negative impacts on his home. He distributed a copy of a letter to City Council which he had sent the previous day. Mr. Tsai specifically addressed the issue of the proposed April 1, 2008 Cupertino City Council Page 2 decrease in the setback between his home and the trail and the negative impact on his privacy. Council asked staff to meet with Mr. Tsai to discuss his concerns. Marty Miller, Planning Commissioner, commented on an idea from the recent Planner's Institute which allowed fora `concept' review of major developments at the Planning Commission level. This approach improved efficiency and had received positive feedback. Council member Santoro noted that he had also attended the Planner's Institute and had learned of a similar idea called "First Look." Staff was asked to contact the Planning Commission to see if they were interested, and then a procedure would be created. CONSENT CALENDAR Wong moved and Wang seconded to approve the items on the Consent Calendar as recommended. Ayes: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. 3. Approve the minutes from the March 18 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for March 14 and 21, Resolution Nos. 08- 037 and 08-038. Adopt a resolution accepting P~11 for March 21, Resolution No. 08-039. 6. Adopt a resolution approving an Improvement Agreement, Sin Chon Yong and Yu Ping Lin, 10585 San Leandro Avenue, APN 357-OS-076, Resolution No. 08-040. Through the improvement agreement with the City, the applicant for a building permit for a single-family development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 7. Adopt a resolution accepting a Grant of Easement for Roadwa~rposes, Sin Chon Yong and Yu Ping Lin, 10585 San Leandro Avenue, APN 357-OS-076, Resolution No. 08-041. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Sin Chon Yong and Yu Ping Lin, 10585 San Leandro Avenue, APN 357-OS-076, Resolution No. 08-042. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. April 1, 2008 Cupertino City Council Page 3 9. Move the June 3 regular Council meeting to June 2 due to the election. (No documentation in packet). 10. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale of approximately $280 in facility use fees for use of the Community Hall on May 8, 2008 from 6-9:30 p.m. for a Candidates Forum for the Santa Clara Water District and the Assembly District 22. 11. Adopt a resolution amending the City of Cupertino's Policy Prohibiting Harassment, Discrimination and Retaliation from Part II, Section 3 of the Rules and Regulations of the Personnel Code, Resolution No. 08-043. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None PUBLIC HEARINGS 12. Conduct the first of two public hearings regarding the use of sixth program year (2008- 09) Community Development Block Grant (CDBG) funds and Human Service grants, and begin review of the 2008 Annual Action Plan. Senior Planner Vera Gil explained that the CDBG Program was a federal entitlement grant with three objectives: eliminating blighted areas, addressing urgent or emergency community needs, and benefiting very low and low-income residents. The CDBG Steering Committee had prepared a list of recommended recipients. The public hearing was opened at 7:20 p.m. and City Council heard testimony form the following non-profit agencies: Marilyn Crilley, Second Harvest Food Bank, noted that they provided the Brown Bag Program to fifty households in Cupertino. This program delivered healthy food to low- income seniors. Georgia Bacil, Directing Attorney of Senior Adults Legal Assistance (SALA), stated that they provided free legal services to Cupertino residents. This assistance covered a wide range of legal issues including home care, abuse and estate planning. SALA also met with seniors three times a month at the Senior Center. Wanda Hale, Long Term Care Ombudsman Program (part of Catholic Charities), commented that they provided an advocacy service for seniors in nursing homes and senior living communities. This service addressed, in part, mental, financial and physical issues. They frequently visited nursing facilities to make sure the rights of the seniors were being protected. Rex Painter, 211 referral service hosted by Santa Clara County United Way, noted that this information service included a current data base of 856 agencies, and he was hoping for an increase in this number. April 1, 2008 Cupertino City Council Page 4 Concerning the Human Service Grant which was also reviewed by the CDBG Steering Committee, Council asked staff to look into allocating more money into this grant for the coming year as there had not been an increase over the last four years. The allocation of CDBG funds was continued to April 15 to complete the 30-day review period. 13. Consider adopting a resolution approving the 2008-09 Fee Schedule, Resolution No. 08- 044. Administrative Services Director Carol Atwood reviewed the fee schedule, which was based on cost as demanded by recent legal decisions. A majority of the fees reflected a 3.5% salary increase effective July 1, 2008. Ms. Atwood specifically noted that staff was recommending an increase in the massage permit appeal cost and the reconsideration fee cost based on the amount of staff time required to handle these types of hearings. Council raised several questions concerning the fee schedule which included the following: clarification of `Group VI" for the room rental charge at Quinlan; clarification of golf course fees, specifically weekend/weekday rates and quick pass rates; and clarification of picnic rental charges at Blackberry Farm. Council also discussed the return of appeal fees to applicants, the solar fee, the massage permit appeal increase, the streamlining of permit fees, the increase in the reconsideration fee and the fee schedule for room rental at the Quinlan Community Center. Staff was asked to amend the section about the Teen Center to show that "teens only" are free Jennifer Griffin asked that the reconsideration fee not be increased from $161 to $500. While she realized that the city incurred some costs for these hearings she felt that the $500 charge was out of range for the average person. Mahoney moved and Wong seconded (1) that staff shall provide answers for the questions raised during the discussion; and (2) to accept the fee schedule as proposed on with the following conditions and changes. The motion carried unanimously. • Lower the solar permit fee from $300 to $200 • Increase the Petition for Reconsideration fee from $161 to $250 • Keep the massage appeal fee at $150 • Staff will meet with Council members individually to review the massage testing policy. • The City Attorney will draft an ordinance to permit the City Council to refund reconsideration or appeal fees on a case-by-case basis • Staff will consider ways to streamline the permit process • Staff will consider other energy-saving incentives in their fee structure Mayor Sandoval re-ordered the agenda to hear item No. 1 next. April 1, 2008 Cupertino City Council Page 5 CEREMONIAL MATTERS -PRESENTATIONS 1. Presentation from Fremont Union High School District (FUHSD) Superintendent Polly Bove and Manager of Strategic Business and Community Services Glenn Evans regarding the state of the district. (No documentation in packet). Ms. Bove introduced the school board members and Mr. Evans, the Manager of Strategic Business and Community Services. Ms. Bove presented an overview of the state of the district. She explained it was one of the highest performing school districts in the state. as well as in the nation. It had five active sites, 10,300 students and an adult and community education program with 30,000 students per year. Ms. Bove reported on the basics of California school funding, the local property tax base, the local community support and the ongoing need for improving the school facilities. To address this issue a $198 million bond measure would be on the June 200$ ballot. UNFINISHED BUSINESS NEW BUSINESS 14. Provide recommendation to the Valley Transportation Authority (VTA) PAC representative regarding the VTA Board's realigrunent. Mayor Sandoval reported that in February 2008 the West Valley Mayors and Managers had met to discuss the VTA Governance Proposal for board realignment as submitted by VTA Board Director Greg Sellers. Sandoval noted that the West Valley Group had worked well together and its composition should not be changed. The proposal recommended including Los Altos Hills in the group so that there would be similar population totals within each city group. It was also noted that the group believed that the representatives should serve as long as the city group chose, however the terms of the directors should remain for two years only. Mayor Sandoval stated that the recommendation of the West Valley Mayors and Managers was to not endorse Director Sellers's plan for the following reasons: every city grouping could make its own rotation procedure and policy; four year terms were probably not in the best interest of the VTA Board; and Los Altos Hills should stay in the North County Grouping. Wong moved and Mahoney seconded to support the position taken in the memorandum from Dolly Sandoval to the West Valley Mayors and Managers group, shown on page 14- 2 of the packet. The motion carried unanimously. RECESS Council was in recess from 9:16 to 9:30 p.m. April 1, 2008 Cupertino City Council Page 6 15. Consider Application Nos: U-2007-06, ASA-2007-10 (EA-2007-08), Brian Replinger (Cupertino Village), Homestead Rd. & Wolfe Rd. APN: 316-OS-050, 316-OS-051, 316- 05-052, 316-OS-053, 316-OS-056, 316-05-072, 316-45-017: a) Adopt a negative declaration b) Use permit and architectural site approval to construct two one-story retail buildings totaling 24,455 square feet and atwo-level parking structure Community Development Director Steve Piasecki and Associate Planner Gary Chao reviewed the project. It was noted that Cupertino Village neighbors had been experiencing several problems. These included off-site parking in neighborhoods, impacts of noise, lighting and trash on the neighborhoods, and the access and adequacy of parking. The project now before Council would not only address these issues but also provide more retail and restaurant services to the community. The Planning Commission had held three public hearings on the project and the developer had held three community meetings. The Planning Commission recommended approval with the following conditions: Planning Commission-recommended conditions: (a partial list of key conditions) • Parking capacity to match the increased square footage • Transportation demand management • Noise abatement • Refuse and recycling plan • Homestead driveway enhancement • Neighborhood sign program • Design review committee approval of final architectural and site plan • One year review of use permit Additional staff-recommended conditions: • Garage construction first • Median and Sidewalk improvement plan • Sign approval • Arborist review • Department of Toxic Substance Control • Public Works Revised Conditions of Approval Staff also suggested that Council consider upgrading the condition for Leadership In Energy and Environmental Design) LEED Certification to the silver level for the two new retail buildings and the parking garage,.. Brian Replinger, Director of Development for Kimco Realty Corporation, stated that they had worked with staff and done outreach to the community, and they agreed to all of the conditions of approval recommended by the Planning Commission and staff. He explained that they had implemented a new refuse program about three months ago and tenants who were not in compliance were being fined. He explained that LEED April 1, 2008 Cupertino City Council Page 7 certification was based more on office development than retail development and due to the constraints of retail they may have difficulty getting the final few points needed for a silver rating, although they had already surpassed by 26 point minimum and actually now had about 31-32 points. Project architect Young Wong commented on Title 24 requirements and referred to the ways they were planning to achieve these goals including the use of cool roofs. He also noted that they were looking at ways to earn more points toward LEED certification and may be able to achieve a 10% energy savings. May Huang, Dean Fujiwara, Katherine (daughter of Daisy Sun and speaking on her behalf) and Tomai Nagatsuyu each noted that they were neighbors of this proposed project and expressed their concerns about overflow parking in their neighborhood, construction equipment using their streets, environmental issues such as refuse and odors, noise and safety. They also commented that they had not received notification of this hearing. Clifford Ludwig, Chairman of the Administrative Board for the Good Samaritan Church, stated their support for this project. The developer had been working with them and their concerns had been addressed. Mel Brawn stated that as there were no questions regarding the parking agreement he had no comments. Jay Boklund stated that he thought the proposed garage and wall were assets to the community and he also believed that closing the walkways was a good idea. Mario stated that he did not believe the proposed garage was big enough and suggested that perhaps when the bank's lease was up in three years that location might be considered for additional parking. Council members discussed several issues regarding this project including circulation, access, landscaping (including tree replacement), security, maintenance and noise, and concurred with the recommendations made by the Planning Commission and staff. However, parking was a major concern. One of the conditions was that parking capacity would match the increased square footage. However, presently the plans called for 835 spaces whereas 870 were needed. Council did note that these did not have to be hard spaces. Other options were available such as valet parking. Council Member Santoro suggested the applicant work out a parking trade with the church. It was also noted that if the applicant did not arrive at the needed spaces then he would not be able to use the correlating amount of retail space. Council stated that they would be more comfortable seeing a plan from the developer that would account for these additional parking spaces and asked how long it would take him to report back. City Attorney Chuck Kilian stated that if the applicant agreed Council could continue this issue to another date for submittal of parking information or the Council could approve it April 1, 2008 Cupertino City Council Page 8 subject to a plan being submitted later on in the process, such as prior to the issuance of occupancy permits or the applicant could ask for a decision at this meeting. Neil Sacri, the applicant's attorney, commented that they would not be able to provide 870 spaces using only self-park spaces. However, other options were available and he believed at the time of the required one-year review it could be determined what was and what was not working. Brian Replinger, applicant, stated that he could come back to Council in two weeks with a plan showing parking surface changes that would narrow the gap in needed spaces. He also agreed to send out notices of that meeting, and the notices would state that the only issue under discussion was the parking. Mahoney moved and Sandoval seconded that Council continue this issue for two weeks to discuss only the parking condition. Other conditions stood as recommended by the Planning Commission and staff including the following: (1) Left turn only onto Homestead; (2) At least 26 LEED points; and (3) Security and maintenance on both sides of the parking garage. Mayor Sandoval cautioned the applicant that this did not reflect a guaranteed positive vote on his project and also noted that she trusted staff and the Design Review Committee would find a convenient time to meet on the other issues. Mayor Sandoval withdrew her second. Council Member Wong seconded the motion. The motion carried unanimously. 16. Approve the 2008 Planning_Commission Work Pro rg am. Wang moved and Mahoney seconded to continue the Planning Commission work program to the April 15 meeting. The motion carried unanimously. 17. Schedule a date for a study session on the process for analyzing the City Attorney's office and planning for transition. (No documentation in packet.) City Council agreed to hold the study session on May 6 at 5:45 p.m. 18. Consider changing the startin tg ime of the April 29 team building session from 5:30 p.m. to 4:00 p.m. City Council agreed to hold the team-building session on Apri129 at 4:00 p.m. April 1, 2008 Cupertino• City Council Page 9 19. Advisory Commission changes and vacancies affecting the Housing Commission, Community Development Block Grant Committee (CDBG), Public Safety Commission, Senior Citizens Commission, and Technology, Information, and Communications Commission: A. Consider appointing Nicole Maroko to the Housing Commission instead of to the Community Development Block Grant (CDBG) Committee, and direct staff to advertise the CDBG vacancy B. Accept the resignation of Public Safety Commissioner Jeff Payne and direct staff to advertise the vacancy C. Accept the resignation of Technology Information, and Communications Commissioner Eric Klein and direct staff to advertise the vacancy D. Direct staff to advertise an on-going vacancy on the Senior Citizens' Commission Wang moved and Santoro seconded to appoint Nicole Maroko to the Housing Commission and to direct staff to advertise the vacancies on the other commissions. The motion carried unanimously. ORDINANCES 20. Conduct the second reading of Ordinance No. 08-2025: "An Ordinance of the Cupertino City Council amending Chapter 9.22 (Property Maintenance) of the Cupertino Municipal Code to prohibit maintenance of tree stumps." Mahoney moved and Wang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Wang seconded to enact Ordinance No. 08-2025. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. April 1, 2008 Cupertino City Council ADJOURNMENT Adjourned at 12:05 a.m. Kimberly Smith, Clerk Page 10 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.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.