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08-21-2012 Searchable packet Table of Contents Agenda2 Presentation from El Camino Hospital regarding its work in the community No written materials6 Recognition and acknowledgment of Leadership 95014 sponsors and class of 2012 No written materials7 August 7 City Council minutes Draft minutes8 Accounts Payable for period ending July 27, 2012 Draft Resolution18 Accounts Payable for period ending August 3, 2012 Draft Resolution25 Accounts Payable for period ending August 10, 2012 Draft Resolution38 Passage of a resolution to authorize Citys legal counsel to represent the City before the State Board of Equalization (BOE) Staff Report49 Resolution50 Municipal Improvements, 10292 Orange Avenue Staff Report52 A - Map53 Second reading amending Cupertino Municipal Code Section 19.104 (Signs) Staff Report54 A - Draft Ordinance55 B - Redline Draft Ordinance69 Consideration of authorization to proceed with a General Plan Amendment Staff Report72 Attachment A - Letter of support from KCR Development78 Attachment B - Letter of support from Vallco Shopping Mall79 Attachment C - Letter of support from Barry Watkins80 Attachment D - Letter of support from Chamber of Commerce81 1 AGENDA CUPERTINO CITY COUNCIL ~SPECIAL MEETING SUCCESSOR TO THEREDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 21, 2012 5:15 PM CITY COUNCIL MEETING ROLL CALL –5:15 PM CLOSED SESSION 1.Subject:Conference with legal counsel –anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) 2.Subject:Conference with Labor Negotiator (Government Code 54957.6); Agency negotiators: Carol Atwood and Amy Chan; Employee organizations: OE3; CEA; City Attorney's Group; Unrepresented PLEDGE OF ALLEGIANCE –6:45 PM ROLL CALL CEREMONIAL MATTERS ANDPRESENTATIONS 3.Subject:Presentation from El Camino Hospital regarding its work in the community Recommended Action:Receive presentation No written materials Page:No written materials in packet 4.Subject:Recognition and acknowledgment of Leadership 95014 sponsors and class of 2012 Recommended Action:Recognize Leadership 95014 sponsors and students No written materials Page:No written materials in packet POSTPONEMENTS 2 Tuesday, August 21, 2012Cupertino City Council Successor to theRedevelopment Agency ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject:August 7 City Council minutes Recommended Action:Approve minutes Draft minutes Page:8 6.Subject:Accounts Payable for period ending July 27, 2012 Recommended Action:Adopt Resolution No. 12-090 Draft Resolution Page:18 7.Subject:Accounts Payable for period ending August 3, 2012 Recommended Action:Adopt Resolution No. 12-091 Draft Resolution Page:25 8.Subject:Accounts Payable for period ending August 10, 2012 Recommended Action:Adopt Resolution No. 12-092 Draft Resolution Page:38 9.Subject:Passage of a resolution to authorize City’s legal counsel to represent the City before the State Board of Equalization (“BOE”) Recommended Action:Adopt Resolution No. 12-093 authorizing theCity’s legal counsel to represent the City before the BOE Staff Report Resolution Page:49 10.Subject:Municipal Improvements, 10292 Orange Avenue Recommended Action:Accept Municipal Improvements Description:The work included driveway approach, sidewalk and curb & gutter improvements in the City right-of-way Staff Report A-Map Page:52 3 Tuesday, August 21, 2012Cupertino City Council Successor to theRedevelopment Agency SECOND READING OF ORDINANCES 11.Subject:Second reading amending Cupertino Municipal Code Section 19.104 (Signs) Recommended Action:Conduct second reading and enact Ordinance No. 12-2098: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.104 (Signs) of the Cupertino Municipal Code regarding the placement of temporary political signs and related minor clarifications and language streamlining." Description:Application: MCA-2012-01; Applicant: City of Cupertino; Location: Citywide; Municipal Code Amendment to Chapter 19.104 (Sign Ordinance) regarding the placement of temporary political signs and related minor clarifications and language streamlining Staff Report A-Draft Ordinance B-Redline Draft Ordinance Page:54 PUBLIC HEARINGS ORDINANCESAND ACTION ITEMS 12.Subject:Consideration of authorization to proceed with a General Plan Amendment Recommended Action:Authorize a GeneralPlan Amendment Staff Report Attachment A -Letter of support from KCR Development Attachment B -Letter of support from Vallco Shopping Mall Attachment C -Letter of support from Barry Watkins Attachment D -Letter of support from Chamber of Commerce Page:72 REPORTSBY COUNCIL AND STAFF ADJOURNMENT 4 Tuesday, August 21, 2012Cupertino City Council Successor to theRedevelopment Agency SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino website. 5 CITY COUNCIL STAFF REPORT Meeting:August 21, 2012 Subject:Presentation from El Camino Hospital regarding its work in the community. NO WRITTEN MATERIALS IN PACKET 6 CITY COUNCIL STAFF REPORT Meeting:August 21, 2012 Subject:Recognition and acknowledgment of Leadership 95014 class and sponsors of 2012. NO WRITTEN MATERIALS IN PACKET 7 DRAFT MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY SpecialMeeting Tuesday, August 7, 2012 CITY COUNCIL MEETING ROLL CALL At 4:00p.m. Mayor Mark Santorocalled the specialmeeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney(4:06 p.m.), and Council members Barry Chang(4:03 p.m.), Rod Sinks, and Gilbert Wong. Absent: none. STUDY SESSION 1.Subject: Study Session on Litter Reduction Plan, including potential bans on Single-use Carryout Bags and Polystyrene Foam Food Containers Recommended Action: Direct staff to agendizean item for a City Council meeting in January 2013 to consider a single-use carryout bag ban ordinance Written communications for this item included a staff PowerPoint, an email from Allison Chan listing the 30 Bay Area jurisdictions that have polystyrene foam (EPS) food ware bans, and an email from Lola Kashyap supporting a ban on single-use plastic bags. Director of Public Works Director Timm Borden reviewed the staff report via aPowerPoint presentation. Dean Peterson, San Mateo CountyEnvironmental Health Director explained that non-profit groups such as Good Will and Salvation Army were exempted from a plastic bag ban because they didn’t want to put an added burden on the shoppers or the facility. He noted that some stores were already charging for their bags and many people who shop there bring in their own bags. He also explained thatrestaurants were excluded because of a public health concern for cross-contamination. He noted that they will studythisissue further. Allison Chanspoke on behalf of Save the Bay urging Council to agendize an ordinance regarding banning both plastic and expanded polystyrene food containers. She explained that roughly one million bags endup in the bayevery year.She noted that she is glad to see Cupertino and other Santa Clara County cities participating in the regional EIR effort in San Mateo. She said that polystyrene food containers create a litter issue as well noting that San 8 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency Jose recently cleaned out a trash capture device from the storm drain and found that most of the floatable debris was from polystyrene food ware. She noted that there is only a small margin of cost for restaurants to use alternatives to polystyrene containersand recent phone calls to 8 cities thatcurrently have a ban in place mentioned no hardships on theirrestaurants. Phil Pflager said that he became concerned about this issue when he saw the movie “Bag It.” He said he plans to show the movie in the future and invite Council to see it. He said that people would definitely want to ban plastic bags after viewing the movie. He noted that the Monterey Bay Aquarium has information on animals injured by eating plastic bags. Jennifer Griffin said that of course we want to make sure that garbage and debris doesn’t end up in our creeks, the bay, or the storm drains. She said has alwaysreused her plastic bags many times overand resents that peoplewould only use them once. She noted that plastic takes a lot of energy to use and break down and that people need to reusethem. She said she wanted to be sure that handicapped people wouldn’t be charged for bags. Gary Latshaw, representing Cool Citiesin Cupertino and the Sierra Club, encouraged Councilto take the most aggressive means possible for banning bags noting that we have a responsibility for future generations. Anne Pflagersaid that humans will have to changetheirrelationship with the environment and realizethat plastic is causing harm from production to disposal. She noted that use of reusable bags is hard to get used to but that it’s just a change in attitude. She said that communities need to lead the way. Laura Kasa, Executive Director of Save Our Shores, said she coordinates 250 creek, river, and beach cleanups every year preventing 30 pounds of trash from going into the ocean. She explained that the group has five years of data showing the prevention of 30,000 plastic bags and 46,000 pieces of Styrofoam from going into the ocean. She said that bans do work. She explained that Santa Cruz County passed a plastic ban in March and has seen a50% decrease in Styrofoam containers on the beaches in Santa Cruz and the other 50%isstill there is because the inland areas haven’t yet put a ban in place. She said that before the ban went into effect, she sat outside the Safeway store noting that 10%of the people were not taking a bag or bringingtheir own bag and after the ban, it grew to 85%which shows that the .10 per bag charge helps with the goal of bringing your own bag. She said that the group has a bag giveaway for those who can’t afford a bag and puts murals up on the stores reminding people to bring their own bags. Mayor Santoro asked if staff would get the ordinance language from the Santa Cruz plastic bag ban. Javier Gonzalez from California Restaurant Association said that theuse of reusable bags by patrons increases the owners’liability for cross-contamination because food isn’t prepackaged and itcan leak. He noted that paper bags aren’t always the most practical choice for restaurants and plastic bags are superior in protecting against accidental spills andleaks during transportand come in different sizes unlike paper bags.He urged Council to exempt restaurants from a plastic bag ban due to this cross-contaminationissue. Regarding a 9 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency potential ban on Polystyrene food containers, he said that this was not the appropriate time to make an increased burden onbusinesses since the economy is still suffering.He noted that operating costs would rise and aban would force restaurants to purchase other alternatives that don’t work as well. Ryan Kenny with the American Chemistry Council said that the Water Board had concern over the methodology reached for the litter reduction credits and that those credits are still under review and haven’t yet been approved for either a plastic or polystyrene food service product ban. He pointedout that the footnote at the bottom of the first page of the staff report noted that final crediting for litter reduction actions may ultimately differ from the present assigned value. He also noted that the litter characterization slide from the PowerPoint presentation showed that 7% was from Styrofoam but failed to mention if that was non-food pieces or food service pieces. He explained that San Francisco did a litter audit before and after their ban and found thatpolystyrenefood service containers wasless than 1% of the overall litter compositionon the streets. They also found a 36% reduction in polystyrenefood service container use after the ban but there was a corresponding increase of coated cardboard products. So, based upon this data, there was no litter reduction since one type of product was replaced with another. He also noted that the company World Centric, mentioned earlier as a place to purchase alternative food containers notes on their website that their products are all made oversees so there is a price for alternative products due to shipping and manufacturingcosts makingpolystyreneone of the cheapest products to buy for food service. He said that the American Chemistry Council position is that any policy focused on litter reduction should incorporate all material types and not just single out one material type such as polystyrene food service containers. John Zirelli, General Manager for Recology said that their position would be to support a plastic bag ban but phase it in over 3-4 years. He noted that a ban would be a large impact to the businesses and restaurants in Cupertino and that the economyis still a bit bumpy.He explained that they have a recycling processor that recycles plastic bags if they are bunched togetherin a resident’s recycle bin. Individual bags clog up the machine and it becomes labor intensiveto remove them and the bags are likely destroyed and not able to be recycled at that point. He noted that polystyrenein theoryis recyclable but it is abulky material, their processor doesn’t recycle it, and it contaminatesthe load by breaking up into bits and pieces, reducing the value of the other recyclables. He saidthat the San Francisco plant is able to recycle it better if it comes in clean and in big pieces, but it is not recyclableat allif contaminated by food. He explained that the Styrofoam then gets land-filled. Answering a question from Council, he noted that the revenue from recycling plastic bags doesn’t cover the cost ofpicking themup. DeanPeterson from San Mateo said that the EIR took a look at fivemain areas of CEQA: air quality, biological resources, greenhouse gas emissions, hydrology & water quality, and utilities &system services. Of those, the impact to the environment is beneficial from three of them if the proposed ordinance were passed and implementedregion-wide. The remaining two were not significant and no mitigation was needed. The EIR reconfirmed their anticipation that by encouraging reusable bags, banning plastic bags, and charging for paper, a ban would be beneficial to the environment.He explained that they are going with the alternative to not include restaurants and to only ban plastic and charge forpaper. He 10 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency explained that the issue on potentially charging for plastic bags was preemptedby State law in the Public Resources Code which exempts local cities for charging for plastic. He went on to explain that the proposed ordinance ban defines what a single-use plastic bag is noting that there are plastic bags that are thicker that are considered to be a reusable bagand cities could charge a minimum amountfor those bags. Mr. Peterson answered questions from Council regarding if polystyrene is bad forone’s health. He responded that the Federal EPA and FDA have determined that polystyrene when heated in the microwave has the potential to put styrene into the food and styrene is a potential carcinogen. Plastic in and of itself doesn’t have a lot of health data and there are a lot of good plastic containers that are microwavable. He responded to a question regarding how quickly a plastic bag degradesvs. polystyrene and said that both polystyreneand plastic gets into the air and blowsaround but polystyrene can become wetted easily, glomming onto the soil and degrading a bit quicker that plastic.He said that the goal is to find ways to be more sustainable and single-use items arenot a sustainable way to live. Jim Cargill from Rio Adobe Restaurant said that they switched to a sugar-cane product rather than polystyrene and it’s only.50cents more than polystyrene. He said that he uses plastic bags that fit the container and has reduced the use of the bags by asking a customer if they need a bag; they usually say no. He noted that education is the key. He does share a concern with sanitation if people were tobring their own bag and the food container goes in there, but it is a low concern for him.He said that the ban wouldforce the use of more alternative containers which in turn would become more available, and the cost of those containers would go down. Council directed staff to bring back a plastic bag ban ordinancein January, or sooner if possible, and apolystyrene ban ordinance for considerationand provide additional information on how a polystyrene ban may impact the restaurant community. Staff will also bring for Council’s consideration an anti-littering ordinance including signage and education components. Staff will provide to Council the annual costfor inlet screens (grates) and additional street sweeping. CLOSED SESSION 2.Subject: Conference with legal counsel –anticipated litigation; significant exposure to litigation pursuant to Gov’t Code 54956.9(b): (one case) At 6:12p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Santoro announced that Council received briefing from legal counsel and no action was taken. PLEDGE OF ALLEGIANCE At 6:45p.m. Mayor Mark Santorocalled the specialmeeting back to order and led the Pledge of Allegiance. 11 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS Mayor Santoro added a presentationof a check to the Cityfrom the Santa Clara County Sheriff’s Department. Sheriff Laurie Smith explained that the cost of law enforcement services for Cupertino isone ofthelowest in the County. This fiscal year they cameunder budget by almost $500,000 and Cupertino isreceiving a reimbursementonthe amount paidfor law enforcement services. 3.Subject: Presentation of proclamation to Maya Varma for winning awards at the California State Science Fair Recommended Action:Present proclamation th Mayor Santoro presented the proclamation to Maya Varma who is an 8grader at Lawson. She won a scholarship at the 61st Annual CaliforniaState Science Fair. Her project focused on diabetes and neurovascular complications of the diseaseMissVarma thanked Council and said she created a portable foot neuropathy analyzer device that canbe used to detect early neuropathy in diabetes patients. POSTPONEMENTS Wong moved and Mahoney seconded to postpone Item No. 16 to a date uncertain. The motion carried unanimously. ORAL COMMUNICATIONS -None CONSENT CALENDAR Wongmoved and Mahoneyseconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 16 which was postponed and Item No. 18 which waspulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 4.Subject: July 3 City Council minutes Recommended Action: Approve minutes 5.Subject: June 26 City Council minutes Recommended Action: Approve minutes 6.Subject: Accounts payable for period ending June 29, 2012 Recommended Action: Adopt Resolution No. 12-079 12 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency 7.Subject: Accounts payable for period ending July 6, 2012 Recommended Action: Adopt Resolution No. 12-080 8.Subject: Accounts Payable for period ending July 13, 2012 Recommended Action: Adopt Resolution No. 12-081 9.Subject: Accounts Payable for period ending July 20, 2012 Recommended Action: Adopt Resolution No. 12-082 10.Subject: Mid-Year Budget adjustment #2 Recommended Action: Approve adjustment 11.Subject: Update department head housing policy Recommended Action: Adopt Resolution No. 12-083 Written communications for this item included an amended resolution. 12.Subject: Alcohol Beverage License, Shanghai Dim Sim Inc., 19066 Stevens Creek Boulevard Recommended Action: Approve application for On-Sale Beer and Wine (41) 13.Subject: Alcohol Beverage License, Vikhar, Inc, 1699 S De Anza Boulevard Recommended Action: Approve application for Off-sale Beer and Wine (20) 14.Subject: Treasurer’s Investment and Budget Report for Quarter Ending June 2012 Recommended Action: Accept the report 15.Subject: Approve destruction of records from the Human Resources and City Clerk departments Recommended Action: Adopt Resolution No. 12-084 16.Subject: First amendment Insight agreement Recommended Action: Authorize agreement Under postponements, this item was continued to a date uncertain. 17.Subject: Adopt a resolution granting an easement to Pacific Gas and Electric (PG&E) for utility purposes on the parcel of land at the north end of the Don Burnett Bridge Recommended Action: Adopt Resolution No. 12-085 18.Subject: Appointment of City Manager and approval of employment contract Recommended Action: Adopt Resolution No. 12-086 This item was discussed after Item No. 24. David Brandt introduced himself as the new City Manager of Cupertino. He said that he was born in Cupertino and graduated from high school in Oakland. He started his career as a 13 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency County planner for Santa Clara. He then went to law school and was appointed as the AssistantCity Attorney for Alameda. He then became theAssistant City Manager in Alameda and most recently isthe City Manager for Redmond, OR. He said he is delighted to be new City Manager and excited about projects in the Cupertino community. Mark Matsumoto from the Cupertino Chamber of Commerce welcomed Mr. Brandt to the City. Wong moved and Sinks seconded to approve the City Manager employment contract. The motion carried unanimously. Mayor Santoro noted that Mr. Brandt’s start date will be Sept. 10 and Interim City Manager Amy Chan’s last day will be Sept. 11. 19.Subject: Municipal Improvements, 10207Orange Avenue Recommended Action: Accept Municipal Improvements Description: The work included driveway approach, sidewalk and curb & gutter improvements in the City right-of-way 20.Subject: Improvement Agreement, Jatin Parikh and JayeshParikh, 10571 San Leandro Avenue, APN: 357-05-073 Recommended Action: Adopt Resolution No. 12-087 Description: Through the improvement agreement with the City, the applicants for a building permit for a single-family residential development will be obligated to bond and construct city-specified street improvements, including curb, gutter, sidewalk, and driveway approach along the frontage of their building site 21.Subject: City Project, Blackberry Farm Infrastructure Upgrade Project, Project No. 2010- 9135 Recommended Action: Accept Project No. 2010-9135 SECOND READING OF ORDINANCES 22.Subject: Secondreading amending Cupertino Municipal Code 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors Recommended Action: Conduct the second reading and enact Ordinance No. 12-2097: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors" City Clerk Grace Schmidt read the title of Ordinance No. 12-2097. Mahoneymoved and Wongseconded to read the ordinance by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Mahoneymoved and Wongseconded to enact Ordinance No. 12-2097.Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. 14 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency PUBLIC HEARINGS 23.Subject: Political signs in the right-of-way Recommended Action: Approve application MCA-2012-01 Description: Application: MCA-2012-01; Applicant: City of Cupertino; Location: Citywide; Municipal Code Amendment to a portion of Chapter 19.104, Signs, of the City’s Municipal Code regarding political signs placed in the right-of-way Written communications for this item included a staff PowerPoint and an email from Susan Sievert regarding placing multiple campaign signs. Associate Planner PiuGhosh reviewed the staff report via a PowerPoint presentation. She noted that a minor correction was madetothe ordinancerevising the third bullet point in Section 19.104.250 (C), page 203 of the packet, to remove the words, “adjacent to a sidewalk.” Mayor Santoro opened the public hearing. Seeingnospeaker cards, Mayor Santoro closed the public hearing. Mahoneymoved and Wong seconded to approveapplication MCA-2012-01 with the following amendments. The motion carried unanimously. Allow political signs in the park strip in the public right-of-way only in residential zones with adjacent property owner or resident consent Political signs placed without consent in the park strip may be removed and disposed of by the adjacent property owner or resident Modify the definition of “signs of de minimus value” to exclude political signs Change enforcement process to: Provide two (2) business days for correction of violation o Hold signs for 20 days o Mahoney moved and Wong seconded to adoptResolution No. 12-089 amending the fee schedule to add a fee regarding a new sign recovery fee for political signs at $3 per sign to be assessed when a political sign is retrieved. The revised fee schedule will go into effect on October 6, 2012. The motion carried unanimously. City Clerk Grace Schmidt read the title of Ordinance No. 12-2098. Chang moved and Mahoney seconded to read the ordinance by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. 15 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency ORDINANCES AND ACTION ITEMS 24.Subject: Hearing to approve assessment of fees for annual weed abatement program (private parcels) Recommended Action: Adopt Resolution No. 12-088 Written communications for this item included an email from John Dozier regarding a weed abatement notice that was sent to his clients, John and Karen Knopp. City Clerk Grace Schmidt reviewed the staff report. Karunakar Singamreddy said that he bought the property last year and was assessed an amount that isn’t correct. MoeKumre, Agriculture & Environmental ManagementProgram Coordinatorsaidthat the Countysendsout a packet explainingthe program and includes contact information.The Countysendsan additional courtesy notice in April noting thatthe deadline is approaching at the end ofthemonth. The County does inspections and if a property fails an inspection there is an initial fee assessed of$250 and notice is sent to the owner to resolve the matter within a certain number of days or the County will perform the workthemselvesand assess a lien.Mr. Kumresaid notice was sent to Mr. Singamreddy’sproperty explaining thatthis wasan assessment for last year. When a property is sold, the previous owner is supposed to disclose any issues with the property such as weeds. PaulKalrasaid that last Friday he received a letter in the mailabout the assessment hearing and spoke to Mr. Kumre this morning. He noted that he had recently bought the property and was working on removing the weeds. He showed the Councilbefore and after pictures of the weed removal. He said he was upset that someone came onto his property to do workand charge himfor it.He also said hisname wasn’t on the assessment list. Mr. Kumresaid that the previous owner of this property signed the notice in December saying hewould take care of the weeds. The owner thensubdivided and sold the land as three separate properties.When the County inspected the property on June 1, they didn’t yet have the information that the property had been subdivided. The inspection failed and notice was sent to theoriginal owner explaining the failed inspection and that the weeds must be removed or a lien would be assessed.On June 25, the contractor took pictures showing that the weeds were still high, did the work, and took more pictures showing the weeds had been cut. As of today, the property is under construction, there are no weeds on the property and there is no fire threat at this point. Since the work was done evenly across the parcels, they took the entire fee and divided it by three parcels. Mr. Kumre reiterated that it is the responsibility of the previous owner to disclose that the property is on the weed abatement program. Janice Hoctor said that she had contactedthe mayor to discuss her experience with the weed abatement program. She said she was notified about the weed issue and talked to Mr. Kumre, but she assumed the inspection was going to be closer to thetime when the weeds were cut. She said that the weeds grew back and they were going to be cut again mid-June when she 16 Tuesday, August 7, 2012Cupertino City Council Successor to the Redevelopment Agency received notice of thefailed inspection.She also said the dates were confusing and incorrect in the notices that she received. Mr. Kumreexplained that weeds have to be cut by the deadline and maintained throughout fire season. They pushed backtheinspections to allow property owners to take care of the weeds due to the early rains and they inspected late May/early June this year.This property owner wasbeing charged only for a failedinspection. He explained that the date was correct onthe required, initial notice, but there was a typographical error on the second noticenoting an incorrect date, butthis wasonly a courtesy notice. In response to a question from Council Mr. Kumre said that the County can’t legally make a profit. A majority of the Council concurred to not waive fees for the new property owners noting that it is a civil matter between the previous owner and the new owner regarding the need to disclose any weed issues on the property. Wong moved and Chang seconded to adoptResolution No. 12-088with an amendment to waive the fee of $250 for parcel No. 326-43-045, property owners Janice and Kerry Hoctor. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:16the meeting was adjourned to August 21 at 4:00 p.m. for a study session regarding the Civic Center Master Plan. SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. ___________________________________ Grace Schmidt,City Clerk Staffreports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ADMINISTRATIVE SERVICESDEPARTMENT CITY HALL 1010300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:August 21, 2012 Subject Passage of a resolution to authorize City’s legal counsel to represent the City before the State Board of Equalization(“B.O.E.”). Recommended Action Approve the resolution authorizing the City’s legal counsel to represent the City before the B.O.E. Description The B.O.E. requires that the City formally appoint legal counsel before any attorney can interact with the B.O.E. on the City’s behalf. Discussion In order for the City’s legal counsel to interface with the B.O.E. the City Council must formally appoint legal representatives. B.O.E.’s interpretation of Revenue and Taxation Code Section 7056 requires that legal counsel be appointed as officers of the City for the purpose of representingthe City before B.O.E. The attached resolution will accomplish that result. Fiscal Impact There is no fiscal impact caused for the City by the passage of the resolution. ____________________________________ Prepared by:Carol Atwood, Director of Administrative Services Reviewed by: Amy Chan, Interim City Manager Approved for Submission by:Amy Chan,Interim City Manager Attachments:Resolution Staff Report BOE Appointment of Representative 8-13-12 49 RESOLUTION NO. 12-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPOINTING SPECIAL COUNSEL TO APPEAR BEFORE THE STATE BOARD OF EQUALIZATION ON BEHALF OF THE CITY WHEREAS, the City Council of the City of Cupertino wishes to enhance the use of the State Board of Equalization (“B.O.E.”) data for City staff studies and evaluations of City sales and use tax revenues; and WHEREAS, the City Council wishes to ensure that the B.O.E. fulfills its contract with and responsibilities to the Cityof Cupertino by appropriately distributing sales and use tax revenues and wishes to allow its representatives to assist the B.O.E. in the challenges it faces in doing so;and WHEREAS, California Revenue and Taxation code Section 7056 sets forthrequirements to allow designated users to obtain information filed with the B.O.E. andimposes conditions on disclosure of B.O.E records. That sectionspecifies that a City Council resolution may require the B.O.E.to permitofficers and employees to examine all of the sales or transactions and use tax recordsof the B.O.E.pertaining to the ascertainment of sales and use taxes thatthe B.O.E. collects for a City adopting thisresolution. WHEREAS Section 7056also sets forth circumstances under which parties whoenter into specified contracts with a city may obtain such information and the terms thatmust be a part of that arrangement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that Benjamin L. Stock, Megan Burke and Carol Koradearehereby appointed as duly authorized officersof the City ofCity of Cupertino as Special Counsel City Attorneyand City Attorney respectively for the purposes of receivingand reviewing sales or transactions and use tax records for the City of Cupertinofrom B.O.E.The officersreferred to as Special Counsel City Attorney and the City Attorney shallrepresent the City in any matters pertaining to the ascertainment and collection of thosetaxes.Information theseparties obtain by examination of B.O.E.records shall beused only for purposes related to the collection of local sales or use tax information pursuant to any appointment or contract, or for municipal revenue forecasting.The City Clerk shall swear in the officersand certify this resolution and forward acertified copy to the B.O.E. // // // // 1 50 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21stday of August 2012, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN ATTEST:APPROVED: City ClerkMayor, City of Cupertino Resolution Board of Equalization Appointment 8-13-12 2 51 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:August 21, 2012 Subject Municipal Improvements, 10292Orange Avenue,APN 357-19-030. Recommended Action Accept Municipal Improvements. Discussion The applicant hascompleted City-specified improvements in the City right-of-way including driveway approach, sidewalkand curb & gutteras required by the improvement agreementwith the City. _____________________________________ Prepared by:Chad Mosley, Associate Civil Engineer Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:Amy Chan,Interim City Manager Attachments: A-Map 52 ATTACHMENT A 10208 10218 10228 10232 10238 10228 21800 10268 21736 1020710 21738 21744 10276 21742 1 10284 10261 21740 10292 21801 21730 10300 10310 22168 22198 22138 . Subject: Municipal Improvements, 10292 Orange Avenue, APN 357-19-030. Recommended Action: Accept Municipal Improvements. 53 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 1010300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 21, 2012 Subject Municipal Code Amendment to Chapter 19.104 (Signs) of the Cupertino Municipal Code Recommended Action Conduct secondreading and adopt Ordinance No. 11-2098(Attachment A) amending the Cupertino Municipal Code Description Application: MCA-2012-01 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to Chapter 19.104 (Sign Ordinance) regarding the placement of temporary political signs and related minor clarifications and language streamlining. Discussion , On August 7, 2012the City Council conducted the first reading of Ordinance No. 11-2098for amendments to the Municipal Codewith the following additional changesto the Planning Commissions Resolution No. 6707: Allow political signs in the park strip in the public right-of-way only in Residential zones Require adjacent property owner or resident authorization Modify the definition of “Signs of de minimus value” to exclude political signs Change enforcement process toprovide two (2) business days,for correction of violation, to the responsible party following which the sign may be removed The City Council also amended the fee schedule to create a new Sign Recovery fee for Political Signs which was set at $3per sign. No additional Council action is needed in that regard. However, Staff is recommendingtheaddition of the phrase “or fees imposed” in Section 19.104.360 in two places(see Attachment B), to reference the new fee approved by Council. _____________________________________ Prepared by:Piu Ghosh,AssociatePlanner Reviewed by:Aarti Shrivastava, Community Development Director Approved for Submission by:Amy Chan,Interim City Manager Attachments: Attachment A:Draft Ordinance No. 11-2098 Attachment B:Redline Draft Ordinance No. 11-2098 with Pagesreflectingthe amendments discussed 54 Draft Ordinance No. 12-2098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.104 (SIGNS) OF THE CUPERTINO MUNICIPAL CODE REGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNS AND RELATED MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1.Statement of Purpose. This ordinance amendment clarifies language regarding placement of political signs and related minor clarifications and language streamlining. Section 2.Code Amendment. Certain Sections of Chapter 19.104, entitled “Signs,” of the Cupertino Municipal Code, are amended, to read as shown in Exhibit I. Section 3.Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutional. Section 4.Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5.Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6.CEQA. Because the amendments in this ordinance do not have the potential for causing any significant environmental impacts, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3). Section 7. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. 55 INTRODUCED at a regular meeting of the Cupertino City Council the 7thday ofAugust ENACTED 2012 and at a regular meeting of the Cupertino City Council on this 21of August 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: Grace Schmidt, City ClerkMark Santoro, Mayor, City of Cupertino - 2 - 56 Exhibit I PCRecommendation Table of Contents (Partial) 19.104.100Signs exempt from permit requirements. [19.104.110 through 19.104.230 not amended] 19.104.240Temporary signs–Location. 19.104.250Temporary signs–Flags, garage sales, political signs and subdivision signs. 19.104.260Temporary signs–Real estate signs and project announcement signs. 19.104.270Temporary signs–Special event banners, promotional devices, and portable signs and displays. [19.104.280through 19.104.320 not amended] 19.104.320Abandoned or discontinued signs. 19.104.330Illegal signs on Private Property. 19.104.340Illegal signs in public right-of-wayor on public property. 19.104.350Summary removal authorized. 19.104.360Illegal Signs -Responsible Party for Costs and Fees -Storage, Reclamation and Disposal of Removed Signs. 19.104.370Illegal signs–Deemed public nuisance–Court action authorized. 19.104.380Violation deemed infraction–Penalty. 19.104.100Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing they comply with the following regulations: A.Directory Signs.Directories located within the interior of a project which are not oriented to a public street; B.Garage Sale Signs.Garage sale signs subject to the limitations in Section 19.104.250and Chapter 5.16 of this code; C.Governmental Signs.Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companiesindicating danger and aids to service or safety; D.Identification Signs.Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E.Information Signs.Informational or directional signs which are located entirely on the property to which they pertain and are less than four square feet in area.No more than thirty-three percent of the sign area of each sign can be devoted toward business identification of the business located on the property; F.Political Signs.Political signs subject to the limitations in Section 19.104.250; - 3 - 57 G.Public Notices.Public notices or posters as legally required by a government agency; H.Residential Real Estate Signs.Real estate for sale/for lease/for rent signs, subject to the limitations in Section 19.104.260; I.Non-residential Real Estate Signs.Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; J.Street Address Numbers.Address numbers in all districts, providing they are not meant as an advertising mechanism; K.Logos, Symbols or Insignias.Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the structure are not internally illuminated, and do not exceed nine square feet in area; L.Window Signs.Window signs subject to the limitations in Sections 19.104.150 and 19.104.290.One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; M.Bus Shelter Signs.Signs installed in Santa Clara County Transit Agency bus shelters; N.Civic Event Signs.Civic and/or City-sponsored events signs on City property; O.State and/or Federal Mandated Signs.State and/or federal mandated signs, including State lottery and certified smog station signs; P.Pedestrian Oriented Blade Signs.Blade signs that are not internally illuminated.Such signs shall be less than six and one-half square feet in area and installed at a height between eight feet and twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240Temporary Signs–Location. A.Unless otherwise provided for in this chapter, it is unlawful for any person to, place, paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, including but not limited to: sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system, public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet, utility transformer vaults, or - 4 - 58 Any other building, structure or device permanently affixed on public property. B.Itis unlawful for any person to place, post or otherwise affix, any temporary sign, in the public right-of-way, except as provided in this chapter.The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. C.Unless otherwise provided for in this chapter, all temporary signs shall comply withthe following: Size Use/ ZoninTime PeriodLocation MaximuMaximu Review Criteria g m Aream Height Shall not be located on the street or on street medians. May only be located in the Two sides public right-of-way of maximum residential or institutional districts.For Political Signs see Shall not be Section 19.104.250(C). illuminated. Shall maintain 36 inches of clear Shall not restrict, All signs may and continuous width along a in any way, the only be 4 s.f. per sidewalk or pathway plus any safe vision of any All3 ft.displayed side other area needed for vehicular or between sunrise handicapped accessibility. pedestrian traffic and sunset or obstruct any All parts of the sign shall be set directional or back minimum 18 inches from safety signs the face of the curb or from the permitted by the edge of the street, bicycle or City. vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. D.Unless otherwise specified in this chapter, persons who place temporary signs: 1. On private propertyshall obtain theoral or written consent of the owner or person entitled to possession of that propertyand 2. In public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs.For Political Signs see Section 19.104.250(C) E.The provisions of Section 19.104.240(B), (C), and (D) shall not be applicable to the following: 1.The maintenance of signs affixed or painted upon public or private motor vehicles; 2.The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3.The maintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4.The maintenance of banners affixed to the top of the City-owned light poles located over Stevens Creek and De Anza Boulevards; and 5.The maintenance of hazard markers or emergency signs. - 5 - 59 19.104.250Temporary Signs–Flags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processing applicable to Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs. - 6 - 60 19.104.270Temporary Signs–Special Event Banners, Promotional Devices, and Portable Signs and Displays. A.General Authorization.Special event banners, promotional devices, and portable signs and displays which conform to the provisions of this chapter, are permitted in all commercial, industrial, office and institutional zoning districts, subject to the issuance of a permit by the Director . B.Public objectives. 1.Enhance pedestrian experience, activity and convenience. 2.Maintain the economic stability of the City by enhancing vitality of business. 3.Provide attractive, effective and visible identification reflecting the individual character of the business. C.Special event banners.The Director may issue a permit for a Special Event Banner for each business within the commercial, industrial, office and institutional zoning districts under the following provisions: 1.The banner shall only be displayed for a maximum of one hundred twenty days within a three hundred sixty-day period. 2.The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3.The banner shall be placed on a building in accordance with the limitations specified in Section 19.104.140 of this title related to building clearance and roofline levels. 4.Unless otherwise determined by the Director, the display of the banner shall be subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E) D.Promotional devices.In addition to special event banners described in subsection C. above, the Director may issue a permit for a promotional device for each business within the commercial, industrial, office and institutional zoning districts under the following provisions: 1.For advertising a special event for an existing business, promotional devices may be displayed for a maximum three-day period, four times within a calendaryear. 2.For conducting a grand opening of a new business, promotional devices (other than search lights, hot air balloons or other extremely large devices as determined by the Director) may be displayed during the first year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3.The device shall not displace parking or be located in a landscaped front set back area. 4.The device shall be compatible with adjoining uses, particularly residential uses. 5.Tethered balloons used for promotional purposes may not exceed twenty-five feet above the building where the special event or grand opening is occurring. 6.Unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E). 7.Subject to the approval of the Director and the Public Works Department, a promotional device maybe located within the public right of way based upon the degree of impact the device will have on traffic circulation as well as upon the environment of the surrounding uses. 8.Subject to the approval of the Director and the Public Works Department, traffic/parking - 10 - 64 directional signs may be used in conjunction with a promotional device during the period of the special event or grand opening.The number and placement of traffic/parking directional signs may be restricted by the Director or the Public Works Department in order to insure adequate sight distances and traffic safety clearance are maintained as required in Section 19.104.240. E.Tenant schedule:Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners.Freestanding temporary or special event signs for individual tenants are not allowed.Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of TenantsNumber of Signs Permitted 20 to 27 tenants--2 center displays 28 tenants or more--4 center displays F.Portable signs and displays.In addition to special event banners and promotional devices described in subsections C. and D. above, the Director may issue a permit for a portable sign or display for each business location within the above described zoning districts under the following provisions: 1.Portable signs and displays may not be located in areas, either on public or private property, which are used by the public for vehicular or pedestrian traffic or in other areas, which in the opinion of the Director, are a threat to the public health, safety or welfare. 2.Portable signs and displays shall not be permanently attached to the ground or a structure on the premises it is intended to occupy and shall only be displayed during business hours. 3.Design review criteria.Portable signs and displays shall be appropriately designed, installed and maintained with special emphasis on the creative design, character and quality of color and material (vibrant and weather resistant).They shall be complementary to the building architecture and the operation of the business area and shall enhance the overall appearance and texture of the pedestrian shopping experience. 4.Specific standards. Maximum size 8 s.f Minimum height3 ft Maximum height4 ft Maximum width2 ft Min. setback from street curb2 ft Display HoursBusiness hours only Min. pedestrian walkway5 ft Distance from: Bus stop zones and/or bus stop 15 ft furniture Disable parking zone4 ft Must not be:1. Set in ground 2. Attached to trees, lamp posts, utility poles, street or traffic signs, benches, hydrants, or mailboxes 3. Illuminated 4. Located in any required landscape setback - 11 - 65 area S.f. = square feet; ft = feet 5.Modification of specific standards. The Director may modify the specific standards described in subsection F.4. above upon making a finding that special circumstances unique to the site require the application of a modified standard. G.Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to a public right-of-way. H.Removal of signs.All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the special event or grand opening to which they pertain. I.The City, pursuant to Section 19.104.340 of this code, may cause the banners,devices, signs and displays remaining after expiration or revocation of the five day period to be removed. [Section 19.104.280through Section 19.104.320-unchanged] 19.104.330Illegal Signs on Private Property. A.If the Director or his or her designee finds that any sign or other advertising structure has been constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the City, the Director or his or her designee shall inform the owner and the tenant of the property on which the sign or structure is located, in writing, that the sign or structure must be removed within ten calendar days of receipt of the notice, or an application must be made to the Director for sign approval.Failure to take the required action shall result in a criminal or civil sanction as provided by State law or any legal sanction or remedy set forth in this Code. B.If the Director or his or her designee finds that any temporary signis in violation of this title or any other pertinent ordinance of the City, the Director or his or her designee shall notify the owner of, or tenant using, the sign, in person or writing, that the sign shall be immediately removed. C. Illegal political signs may be removed, if, after a two (2) business day verbal notice to the candidate or officially recognized/ designated entity for any public or private political campaign, the violation has not been corrected. 19.104.340Illegal Signs in Public Right-of-Wayoron Public Property. - 12 - 66 A.Any illegal signs in the public right-of-way or on public property may be removed immediately by the City. B.No notice shall be required prior to removal of illegal signs, including, temporary signsin the public right-of-way or on public property, except for Political signs. C.Any political sign placed in a park strip within the public right-of-way in residential zones, without the consent of the adjacent property owner or resident, may be removed and discarded by that adjacent property owner or resident. D. Illegal political signsmay be removed pursuant to Section 19.104.330(C). E.Any sign removed by the City, except any sign of de minimus value, shall be held in storage in accord with Section 19.104.360. For purposes of this chapter, a sign of de minimus value means any sign, made of cardboard or other nondurable material. Political signs shall not be treated as signs of de minimus value. 19.104.350Summary Removal Authorized When. A. If the Director or his or her designee finds that any sign or other advertising structure, whether conforming with the provisions of this title or any other pertinent ordinance of the City or not, is an immediate peril or menace to the public, to any person, or to pedestrian or vehicular traffic, the Director or his or her designee shall cause it to be summarily removed. B. Upon removal, the Director or his or her designee shall hold the sign in storage in accord with Section 19.104.360 and give written notice to the owner. 19.104.360Illegal Signs -Responsible Party for Costs and Fees-Storage, Reclamationand Disposalof Removed Signs. A. Any cost incurred by or fees imposed the City in the removal, alteration, relocation, or demolition of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the responsible party. For purposes of this chapter, “responsible party” means the owner, business entity or person having beneficial enjoyment of the sign and, in the case of a political sign, the political candidate and/or officially recognized/designated entity responsible for any public or private political campaign. B. Any sign of de minimus value removed by the Director or his or her designee shall be deemed to be abandoned and may be destroyed by the City after removal. No opportunity to reclaim such sign shallbe given by the City. C.Any sign removed by the Director or his or her designee, other thanasign of de minimus value, shall be stored in the City Corporation Yard. D. The responsible party for any removed sign, other than a signof de minimusvalue, if known, shall be given written notice to reclaim the signwithin twenty calendar daysfrom the date of the notice, provided that any cost incurredor fees imposedby the City has been paid, and, if continued display of the sign is desired, a renewal of the permit for the sign is secured, if required by this Code. E.Any sign that remains unclaimed shall be deemed to be abandoned. The City may dispose of the sign. 19.104.370Illegal Signs–Deemed Public Nuisance–Court Action Authorized. In the event any person erects, alters, relocates or maintains a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competentjurisdiction to enjoin such person from continuing such - 13 - 67 violation.The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. 19.104.380Violation Deemed Infraction–Penalty. Any person, firm, entity, or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished in the same manner as other infractions provided under Chapter 1.10 and/or Chapter 1.12 of this Municipal Code. - 14 - 68 B. It is unlawful for any person to place, post or otherwise affix, public right-of-way, except as provided in this chapter. The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. C. Unless otherwise provided for in this chapter, all temporary sigcomply with the following: Size Use/ Time Period Location Maximum Maximum Zoning Review Criteria Area Height Shall not be located on the street or on street medians. May only be located in the public Two sides maximum right-of-way of residential or institutional districts. For Political Shall not be Signs see Section 19.104.250(C). illuminated. Shall maintain 36 inches of clear Shall not restrict, in All signs may and continuous width along a any way, the safe 4 s.f. per only be displayed sidewalk or pathway plus any vision of any All 3 ft. side between sunrise other area needed for handicapped vehicular or and sunset accessibility. pedestrian traffic or obstruct any All parts of the sign shall be set directional or safety back minimum 18 inches from the signs permitted by face of the curb or from the edge of the City. the street, bicycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. D. Unless otherwise specified in this chapter, persons who place temporary signs: 1. On private property shall obtain the oral or written consent of the owner or person entitled to possession of that property and 2.In public rights-of-way are encouraged to notify and seek concurrence of adjacent pr owner(s) and resident(s) before placing temporary signs. For Political Signs see Section 19.104.250(C) E. The provisions of Section 19.104.240(B), (C), and (D) shall not 1. The maintenance of signs affixed or painted upon public or priva 2. The maintenance of signs affixed to Santa Clara County Transit D 3. The maintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the City-owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. 19.104.250 Temporary SignsFlags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processin- Flags, Garage Sales, Political Signs and Subdivision Signs. 69 such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to a public right-of-way. H. Removal of signs. All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the spe they pertain. I. The City, pursuant to Section 19.104.340 of this code, may causee banners, devices, signs and displays remaining after expiration or revocation of the five da [Section 19.104.280through Section 19.104.320 - unchanged] 19.104.330 Illegal Signs on Private Property. A. If the Director or his or her designee finds that any sign or other advertising constructed, erected, altered, relocated or maintained in violat any other pertinent ordinance of the City, the Director or his or her designee shall inform the owner and the tenant of the property on which the sign or structure is structure must be removed within ten calendar days of receipt of the notice, or an application must be made to the Director for sign approval. Failure to take the required action shall result in a criminal o civil sanction as provided by State law or any legal sanction or B. If the Director or his or her designee finds that any temporary signis in violation of this title or any other pertinent ordinance of the City, the Director or his o or tenant using, the sign, in person or writing, that the sign s C. Illegal political signs may be removed, if, after a two (2) business day verbal notice to the candidate or officially recognized/ designated entity for any pu, the violation has not been corrected. 19.104.340 Illegal Signs in Public Right-of-Way or on Public Property. A. Any illegal signs in the public right-of-way or on public property may be removed immediately by the City. B. No notice shall be required prior to removal of illegal signs, including, without limitation, temporary signs in the public right-of-way or on public property, except for Political signs. C. Any political sign placed in a park strip within the public right-of-way in residential zones, without the consent of the adjacent property owner or resident, may be removed and discarded by that adjacent property owner or resident. D. Illegal political signs may be removed pursuant to Section 19.104.330(C). E. Any sign removed by the City, except any sign of de minimus valu accord with Section 19.104.360. For purposes of this chapter, a sign of de minimus value means a sign, made of cardboard or other nondurable material. Political signs shall not be treated as signs of de minimus value. 19.104.350 Summary Removal Authorized When. A. If the Director or his or her designee finds that any sign or ot conforming with the provisions of this title or any other pertin immediate peril or menace to the public, to any person, or to pedestrian or vehicular traffic, the Director or his or her designee shall cause it to be summarily r 70 B. Upon removal, the Director or his or her designee shall hold the Section 19.104.360 and give written notice to the owner. 19.104.360 Illegal Signs - Responsible Party for Costs and Fees - Storage, Reclamationand Disposal of Removed Signs. A. Any cost incurred by or fees imposed the City in the removal, alteration, relocation, or demolition of any sign pursuant to the provisions of this title or any othe paid by the responsible party. For purposes of this chapter, responsible party means the owner, business entity or person having beneficial enjoyment of the sign and, in the case of a political sign, political candidate and/or officially recognized/designated enti political campaign. B. Any sign of de minimus value removed by the Director or his or her designee shall be deemed to be abandoned and may be destroyed by the City after removal. No shall be given by the City. C. Any sign removed by the Director or his or her designee, other than a sign of de minimus value, shall be stored in the City Corporation Yard. D. The responsible party for any removed sign, other than a sign of de minimus value, if known, shall be given written notice to reclaim the sign within twenty calendar days from the date of the notice, provided that any cost incurred or fees imposed by the City has been paid, and, if continued display of the sign is desired, a renewal of the permit for the sign is sec, if required by this Code. E. Any sign that remains unclaimed shall be deemed to be abandoned. The City may sign. 19.104.370 Illegal SignsDeemed Public NuisanceCourt Action Authorized. In the event any person erects, alters, relocates or maintains ae provisions of this title, the sign shall be considered a public nuisance and t and prosecute an action in a court of competent jurisdiction to violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipa Code. 19.104.380 Violation Deemed InfractionPenalty. Any person, firm, entity, or corporation violating any provision of an infraction, and upon conviction thereof, shall be punished in the same manner as o provided under Chapter 1.10 and/or Chapter 1.12 of this Municipa 71 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 1010300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 21, 2012 Subject Consideration of authorization to proceed with aGeneral Plan Amendment. Recommended Action Staff recommends that the Council authorize staff to initiate a General Plan Amendment to increase citywide development allocations, review key opportunity sites,and provide direction onfundingthe remaining budget needed to process the General Planamendment. Background In June 2012, the City Council budgeted $350,000 towards a General Plan Amendment when the City’s 2012-2013 Fiscal Year Budget was adopted. This is a result of the approval of the Modification to the Master Use Permit for the 18-acre Main Street Cupertino mixed-use project approved on May 15, 2012,in which the applicant provided $350,000 to help process a General Plan Amendment by the City to replenish the City-wide office allocation that was used by the project. In addition to the increase in office allocation, staff would like to take the opportunity to propose expandingthe scope of the General Plan Amendment process to include replenishing the City’s dwindling commercial and hotel development allocations,reviewing housingopportunitiesin keeping withthe community’s character,and evaluating the community’s goals and objectives on certain opportunity sites within the City, including the Vallco Shopping district. Discussion The proposed scope of the General Plan Amendment could include: 1.Office Allocation Increase The existing office allocation currently available citywide is 738,755 square feet, including 633,053 square feet for Major Employers (which includesGeneral Plan restrictions that require significant revenuegenerationto the City and serve asmajor employers in the City) and 17,956 square feet in the Heart of the City Specific Plan area of unrestricted office square footage. 1 72 Proposal : Add 2 -3 million square feet of citywide office allocation. 2.Commercial Allocation Increase The existing commercial allocation currently available citywide is 212,350 square feet, including 117,170 square feet in the Heart of the City Specific Plan area, 6,784 square feet in the Monta Vista area, 78,104 square feet in the Vallco Park South area and 12,124 square feet in the City Center area. Proposal: 1.Add 2 million square feet of citywide commercial allocation to accommodate future development opportunities for retail and/or big-box stores in the City. 2.Add CG (General Commercial) zoning to the BQ (Quasi-Public Building) zones on large sites to provide the potential for additional retail development in the City. 3.Hotel Allocation Increase The existing hotel allocation currently available citywide is 339 units. Given recent inquiries about possible future development opportunities for additional hotels in the city, staff believes thatan increase in hotel allocation should be reviewed. Proposal: Add 1,000-1,500 rooms to the hotelallocation to accommodate possible future hotel development. 4.Opportunity Sites –Some of these include: Vallco Shopping District A.–The Vallco Shopping District has historically been defined in the General Plan as the City’s regional shopping district.It is one of the few major commercial areas in the City that has significant redevelopment potential. The City and community have expressed great interest in seeing the mall revitalized and reach its full potential. In the pastyear, various groups haveexpressed interest in developing the adjacent parcels and parking lot areas within Vallco. These proposals have been disjointed and are lacking in realizing a common vision or objective for the Vallco Shopping District.Staff believes thatthe General Plan amendment process will createa community vision for the Vallco Shopping District that will help create a new set of land use parameters and development objectives that would provide a framework to evaluate amendments and clear direction for its future development. The General Plan process would also help outline development guidelines for a Master Plan for the area which would include, but not be 2 73 limited to: objectives/parameters for the area; design visions and themes; mix of land uses; and building volumes,heightsand connectivity within the center to unify the sites. B.Other Opportunity Sites–In the past year, a few applicants have come forward with proposals that could potentially require a General Plan amendment. Some examplesof the opportunity sites include the Cupertino Inn and the Target Center. Staff believes that the community vision developed as part of the General Plan would help evaluate the desirability of the proposed amendments. It would also provide a unique opportunity for the community to provide input on the amendments at a City-wide level instead of a site- by-site basis, which only looks at a limited scope.Finally, since the City is limited to approve up to only four (4) General Plan Amendments a year, staff is proposing to consolidate these amendments into one General Plan Amendment as this is typically done when changes are proposed in relation to policy and land use changes. Staff would like to note that the above list is not exhaustive and that onceCouncil authorizes the concept for the General Plan amendment, staff will bring a complete list of sites as part of the authorization of the final budget and scopein about six to eight weeks. Outreach Efforts to Date Staff has conducted several outreach meetings with the propertyowners within the Vallco Shopping District, Cupertino Inn and Target sites, as well as the Chamber of Commerce. The outreach was conducted to gauge the level of interest in participating in the General Plan Amendment discussions. To date, staff has received a moderate to high level of interest on the part of the property owners. Most of the property owners are extremely interested in participating in the processand some have indicated financial support for the process. Some owners in the Vallco Shopping District have expressed concerns related to the timing of their individual applications.This issue has been addressed later in the staff report below. Process and Timing Once the Council provides authorization, the project is expected to takeapproximately one year to fifteen months. 3 74 The process and timing will entail: ProcessTiming 1.Issues and economic/retail marketanalysis–2 months review of issues, constraints,opportunities,Cupertino’s commercial/retail market nichesand future development trends Review of documents Analysis of issues Economic and market analysis 2.Community Visioning–3 months (some overlap with Item 1) creating a community vision that will form the framework to evaluate the land use alternatives 3.Development of Land Use Alternatives3-4 months FAR/Development capacity alternatives Building height alternatives Vallco Master Plan alternatives 4.Environmental Impact Report (EIR) process5-6months 5.General Plan Amendments(concurrent withEIR) Draft of the General Plan amendments Draft of the Vallco Master Plan Final General Plan amendments & Vallco Master Plan 6.Planning Commission and City Council public hearings2months Total Process12-15 months As part of this process, development proposals on key opportunity siteswill be deferred until after the General Plan Amendment has been approved by the City Council. However, the Master Plan for the Vallco Shopping District and individual proposals on opportunity sites have an opportunity to proceed on a parallel track once the Council has determined the Preferred Alternative of Land Uses in the General Plan,which is expected approximately five to six months into the General Plan process. The Master Plan, which is expected to be a four to five month process,would be adopted after the General Plan amendments. Individual proposals may be scheduled for hearingsafter the General Plan amendment and Master Plan have been adopted. The opportunity to parallel the Master Plan and individual proposal processes gives applicants a 4 75 significant opportunity to stay involvedandcreate plans that are consistent with the General Plan, and ensuresthat their proposals are processed in a timely manner. Public Outreach and Resources Public outreach and resources to initiate the General Plan Amendment process are anticipated to include: Planning/OutreachConsultant 1.–to assist with the outreach, meeting facilitation, planning process, reports, graphics and presentations. Retail/Economic Consultant 2.–to assist the City identifying economic development opportunities,including land use and retail mix Citywide and on key opportunity sites. Environmental Consultant 3.-to prepare the Environmental Impact Report (EIR)and related studies include traffic, air quality, noise, etc. Community Meetings 4.–meetings to facilitate a community vision for the General Plan and the opportunity sites. Outreach would include residents, business owners, property owners of key opportunity sites,organizations such as the Chamber of Commerce, and community groups. Budget Estimates The total proposed budget to process the proposed General Plan Amendment wouldrange from $1.1M-$1.3M depending on the scope of the project and the extent of community outreach. The City has received $350,000 from Sand Hill Property Company to fund towards a General Plan Amendment to increase the citywide office allocation.Therefore, the total budget still needed to fund the General Plan Amendment is approximately between$750,000and$950,000. To fund the remaining budget needed to process the General Plan Amendment, the City has contacted property ownersin the Vallco Shopping District and opportunity sitesto see if they would like to contribute towards these amendments. The City has receivedletters of support from the Chamber of Commerce and some of the property owners. As to financial contributions, some property owners indicated that they would contribute their pro rata share of the costs.It is anticipated that this GP will largely be self-funded by the owners of sites included in the Vallco Shopping District and opportunity sites.A detailed discussion of fee payments is discussed below. Mitigation Fees It is anticipated that the cost of the General Plan Amendment will be divided among the property owners of the key opportunitysitesthat are included in the analysis.Propertyowners whose sites have been included in the analysis but have not contributed their pro-rata share of the costs would be required to paytheir sharein the form of an advance planning feeas a condition of 5 76 approval of their project.Staff will bring an estimated cost per site/property owner once the scope of the General Plan amendment has been approved. _____________________________________ Prepared by: Aki Honda Snelling, Senior Planner Reviewed by: Aarti Shrivastava, Community Development Director Approved for Submission by: Amy Chan,Interim City Manager Attachments:A. Letter of Supportfrom KCR Development B.Letter of Support from Vallco Shopping Mall C.Letter of Support from Barry Watkins D.Letter of Support from Chamber of Commerce 6 77 78 79 80 August 14, 2012 Mayor Mark Santoro and Cupertino City Council 10300 Torre Avenue Cupertino Chamber of Cupertino, CA 95014 Commerce 20455 Silverado Avenue Re: Support for General Plan Amendment Cupertino, CA 95014 Tel (408) 252-7054 Fax (408) 252-0638 Dear Mayor Mark Santoro and Cupertino City Councilmembers, www.cupertino-chamber.org I am writing to express our support for a General Plan Amendment for the City of Cupertino. 2012 Board of Directors We understand that amending the General Plan is an important dec Board Officers The General Plan directly affects the quality of life for the re John Zirelli, President Recology South Bay call Cupertino home. It also has the responsibility of providing a clear vision and direction for how we will sustain balanced growth. Mike Rohde, VP Special Events Vallco Shopping Mall As you know, Cupertino has experienced welcomed growth over the Kevin McClelland, VP LAC This growth was anticipated by Chamber, and we have since 2000 n Leeward Financial & Insurance General Plan is not sufficient to address this growth. We are now rea Services where our ability to promote any possible future growth will be Matt Wheeler, VP Finance amendment of the General Plan. LMGW Public Accountants Simply put, we are running out of square footage in the General Plan. Without the Darcy Paul, VP Community Relations flexibility of more available space, we run the risk of delaying Law Offices of Darcy August Paul projects and developments from taking place in Cupertino. Furth are beginning to move out of Cupertino because of the availabilif high-quality Lynn Ching, Membership office and industrial space elsewhere. They will continue to do Development Sustainable Living Group, Inc. offering competing space. Board Members Cupertino is known for its high quality of life, a feature that Yogi Chugh State Farm Insurance both residents and businesses. We need to ensure the City has a General Plan that will allow it to continue to provide the great services and amen Mike Foulkes Apple, Inc. is known. Tamon Norimoto PG&E Thank you for taking the time to consider our comments. We respe Sandy James you approve the process to explore an amendment to the General Plan, and we urge LeHigh Cement Company you to approach this topic with a sense of immediacy, as the iss Scott Jeng off any longer. If approved, we look forward to continue working HSBC Bank USA, N.A. participating in a robust community dialogue. Mahesh Nihalani Jewels in Style Barbara Perzigian Best regards, Cupertino Inn Vicky Tsai Dry Clean Pro Joanne Mansch John Zirelli 2012 President Cupertino Chamber of Commerce 81