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CC 04-15-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 15, 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 1. Proclamation declaring April 26 as Shredding Day in Cupertino. (No documentation in packet). Mayor Sandoval announced that "Shred-It" would be providing free shredding services to Cupertino residents on April 26 from 9-12, and each resident could bring up to 2 boxes of papers to be confidentially shredded. 2. Volunteer Center of Silicon Valley Proclamation. (No documentation in packet). Mayor Sandoval presented the proclamation to Director Tim Quigley in recognition of the Volunteer Center's work. 3. Reco nig tion of the Cit oy f Cupertino Finance Department for its excellence in operating budgeting for Fiscal Year 07-08 from the California Society of Municipal Finance Officers. (No documentation in packet). Mayor Sandoval. presented an award plaque to Administrative Services Director Carol Atwood. April 15, 2008 Cupertino City Council Page 2 4. Reco ign tion of recent Cupertino Emergency Response Team (CERTL~raduates. (No documentation in packet). Mayor Sandoval described the training the individuals go through and congratulated the 25 recent graduates. She noted that over 900 people have been trained and there are 300 active CERT graduates. POSTPONEMENTS -None WRITTEN COMMUNICATIONS The Deputy City Clerk distributed documents for the following items: Item 10 - A comparison of California Proposition 98 versus Proposition 99 (2008); A letter from the Howard Jarvis Taxpayers Association and the text of the California Property Owners and Farmland Protection Act. Item 14 - An email from Keyu Chen who was opposed to the redevelopment plan for Cupertino Village; An email from Xin Li expressing concerns about the impact of a shortfall of parking stalls, and recommending the applicant have an overall parking plan with amulti-level parking structure on the south side; An email from Judy Hsu recommending the applicant build below ground rather than atwo-story structure. Item 17 - An email from Rip Gough suggesting a modification to the staff-recommended wording of the memorial plaque for Kristy Gough and Matt Peterson. ORAL COMMUNICATIONS Ron Miller, Chair of the Library Commission, talked about the usage of the Cupertino Library, showing a graph of book circulation for January through March. He encouraged people to participate in the upcoming fundraisers for the Library, including tickets for Chicago -The Musical, and an on-line auction. Residents can call 408-777-CITY for more information. Rhoda Fry talked about construction hours and landscape maintenance activity hours in Cupertino. She said she was frustrated about whom to call regarding complaints of after-hours construction. She also shared her concern over a proposed building in the Stevens Creek Corridor Park. Sparky Cohen said that he would like to be able to participate in the Library Commission meetings and asked the Mayor to explain how he would be able to participate. She explained the process of participation at public meetings. April 15, 2008 Cupertino City Council Page 3 CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar with the exception of item number 10, which was pulled for discussion. Ayes: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. 5. Approve the minutes from the April 1 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for March 28 and April 4, Resolution Nos. 08-045 and 08-046. 7. Adopt a resolution accepting Pa roll for Apri14, Resolution No. 08-047. 8. Accept the Treasurer's Bud eg t Report for FebruaryL008. 9. Approve applications for an Alcoholic Beverage License: a. BSL Family, LLC (Hilton Garden Inn Cupertino), 10741 N. Wolfe Rd., On-Sale General -Eating Place (47) b. Gelt Holdings, Inc. (Pizza Hut), 20770 Stevens Creek Blvd., On-Sale Beer and Wine -Eating Place (41) 11. Adopt a resolution expressing the intent to vacate a Public Utilities Easement, 10337 Phil Lane, APN 375-OS-027, Resolution No. 08-049. The property owners request the City vacate a public utilities easement, which is not required. 12. Adopt a resolution approving a final parcel map, 10067 Bianchi Way, David and Cathy Tsang, APN 359-07-023, Resolution No. 08-050. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 10. Adopt a resolution opposing Proposition 98 regarding eminent domain, Resolution No. 08-048. The Deputy City Clerk distributed a comparison of California Proposition 98 versus Proposition 99 (2008) as well as a letter from the Howard Jarvis Taxpayers Association and the text of the California Property Owners and Farmland Protection Act. April 15, 2008 Cupertino City Council Page 4 Council member Mark Santoro said he was concerned with the City Council recommending to the voters what their position should be on a proposition, and that the language for this particular proposition wasn't final yet. Acting City Attorney Mark Hynes explained that once the proposition has gotten as far as it has, then the language is final. He noted that it is appropriate for Council to offer support or opposition on legislation if it chooses. Council concurred to direct the City Manager to refer the item to the Legislative Action Committee and have the Committee come back to Council for action. PUBLIC HEARINGS 13. Consider adopting a resolution adopting the 2008 Annual Action Plan and the use of sixth program year (2008-09) Community Development Block Grant (CDBG) Funds, Resolution No. 08-051. Senior Planner Vera Gil noted an error in the amount listed in the staff report for the Rotating Shelter Program. It should be $21,913. The public hearing was opened at 7:30 p.m. The following individuals spoke thanking Council for the City's financial support of their agencies' work in the community: Kevin Heuer from Rebuilding Together Mukta Shar from Maitri-Transitional Housing Ben Kong from Emergency Housing Consortium Wanda Hale from Ombudsman Program/Catholic Charities Charlie Niemeyer from Live Oak Adult Care Service The public hearing was closed at 7:44 p.m. Wong/Mahoney moved and seconded to adopt Resolution No. 08-051. The motion carried unanimously. UNFINISHED BUSINESS -None NEW BUSINESS 14. 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-OS-072, 316-45-017. (Continued from April 1): 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 April 15, 2008 Cupertino City Council Page 5 The Deputy City Clerk distributed the following items: (1) An email from Keyu Chen who was opposed to the redevelopment plan; (2) An email from Xin Li expressing concerns about impact of a shortfall of parking stalls, and recommending the applicant have an overall parking plan with amulti-level parking structure on the south side; and (3) An email from Judy Hsu requesting the applicant build below ground rather than a two-story structure. Applicant Brian Replinger clarified how valet parking would work if implemented and responded to questions from Council. Dean Fujiwara said he has concerns regarding valet parking and asked that customer parking be on the first floor due to sound issues. He also noted that chemical clean up at the site of the cleaners must be done before any construction can take place. May Huang thanked Council for its sensitivity in identifying parking as a major issue and asked for a concrete plan to resolve the issue. Clifford Ludwig from Good Samaritan United Methodist Church said that the church is willing to work with Kimco and to participate on a parking plan. David Chapman, President of the Board of Trustees of the church, said he is in favor of increased parking in Cupertino Village and in the church's parking lot, including re- striping the church lot and reconfiguring the bank parking lot. He said he would encourage parishioners to park in the church lot or on the street. David Doudna said that the parking lot is at capacity and that there needs to be a plan for increasing the number of parking spaces per square footage of building. He wanted to know if the church parking lot gate would be locked or remain open. Jennifer Griffin said that she appreciates Council's efforts to save the five trees in the lot while still keeping adequate parking spaces. She noted that the center should have an active traffic management plan with the church, especially for holidays and activities at the church. Hannah Yu said that she opposes the center expansion and is concerned about the parking situation. She encouraged the applicant to build the garage closer to the street and away from people's houses. Xin Li said he was concerned that the church parking spaces weren't included in the parking study. He also noted that if people can't find a place to park they won't come to the center and there would then be fewer tax dollars. He encouraged Council to make sure a parking plan is set before approving the project. Bill Hutchinson, member of the Board of Trustees for the church, thanked Kimco for restriping the church lot and working with them. April 15, 2008 Cupertino City Council Page 6 Mu-Jing Li said that the building is too big for the parking lot and that people will be forced to park in the street and in the neighborhoods, damaging private property. Mahoney/Wong moved and seconded to adopt a negative declaration. The motion carried unanimously. Mahoney/Sandoval moved and seconded to approve the project as recommended in the Planning Commission model resolution with additional conditions outlined in the staff report stipulated by Council at its April 1 meeting, and with the following additional conditions: ^ The center shall provide at least 855 physical parking spaces on the ground (not including the extra stalls gained at the church) ^ The applicant shall work with staff to refine the final parking plan and obtain Fire and Public Works Department approval prior to issuance of building permits ^ With the concurrence of the church Board, Kimco shall re-stripe the church parking lot to gain extra stalls for the church ^ Council reserves the right to require the applicant/property owner to provide valet parking if needed The motion carried with Wong and Wang voting no. Council recessed from 9:50 p.m. to 9:55 p.m. 15. Adopt a resolution approving the City's plan to use Proposition 1 B transportation funds available in 2007-08, and authorizing the City Manager to apply for, appropriate, expend those funds, and take related actions, Resolution No. 08-052. Mahoney/Santoro moved and seconded to adopt Resolution No. 08-052. The motion carried unanimously. 16. Consider asking the Parks and Recreation Commission to look into options for off-leash opportunities for dogs. Council concurred to send this item to the Parks and Recreation Commission to consider all options, including both off-leash and enclosed areas; put a notice in the Cupertino Scene and Courier when this item is first on the Commission agenda; send a Citywide postcard notice for the meeting that the Commission will be finalizing its recommendation; and also include on the postcard the date the recommendation would go to Council. 17. Consider putting a memorial lp ague with the names of Kristy Gough and Matt Peterson, at the site of a fatal accident on Stevens Canyon Rd. The Deputy City Clerk distributed an email from Rip Gough suggesting a modification to the staff-recommended wording of the plaque. April 15, 2008 Cupertino City Council Page 7 Wong/Mahoney moved and seconded to direct staff to begin negotiations with the property owner to allow for two memorial plaques, one for Kristy Gough and one for Matt Peterson. The motion carried unanimously. 18. Conduct the first reading of Ordinance No. 08-2026: "An Ordinance of the Cupertino City Council amending Cupertino Municipal Code, Chapter 11.08, Section 11.08.270, relating to prohibition of skateboarding and roller skating to add the prohibition of skateboarding and roller skating at the Veteran's Memorial in Memorial Park." The Deputy City Clerk read the title of the ordinance. Mahoney/Wang moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Ayes: Sandoval, Mahoney, and Wang. Noes: None. Abstain: Santoro and Wong. Council concurred to hold the second reading at the second meeting in May to have time for noticing of the item, including signs posted at both ends of the Memorial stating that Council will consider prohibiting skateboarding and roller skating at the Veteran's Memorial Park, and to include a contact email for residents who may have questions. At the second reading staff will also bring details of what the prohibition signage will look like. 19. Conduct the first reading of Ordinance No. 08-2027: "An Ordinance of the Cupertino City Council amending Sections 2.08.096 and 19.136.020 of the Municipal Code to provide for refunds of fees." The Deputy City Clerk read the title of the ordinance. Mahoney/Wong moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. The Mayor reordered the agenda to take up item number 21 next. STAFF REPORTS 21. Report regarding staffing levels in the Planning Division. Community Development Director Steve Piasecki explained that his department was currently half-staffed for about 6 months because employees were changing jobs or were on maternity leave. He listed the development activities currently happening in Cupertino and noted that staff would try to stay on top of things as much as possible during this time. Council received the report. 20. Approve the 2008 Planning Commission Work Program. (Continued from April 1). Planning Commissioner Marty Miller said it was important that the R1 zone be as descriptive as possible and might only be a small issue to fix. He noted that the other April 15, 2008 Cupertino City Council Page 8 commissioners also agreed, and that one commissioner wanted to take up the issue of first and second story ratio as well. On the solar issue, he said that the commission is looking at Green Building standards and solar fits in with that. Jennifer Griffin said that the R1 discussion is an on-going, dynamic discussion that the City will always have because land is so expensive in Cupertino. Wong/Mahoney moved and seconded to approve the 2008 Planning Commission work program with the following addition: • Green Buildings/Sustainability with the condition of receiving a Council report in May regarding guiding principles before passing it along to the Planning Commission ORDINANCES -None COUNCIL REPORTS 22. Council members report any City-reimbursed travel. (No documentation in packet). City Manager David Knapp explained that by law Council is only required to report City- reimbursed travel expenses in relation to the Brown Act. He noted that past practice is that Council already does report all its City-reimbursed travel expenses for conferences, etc. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:59 p.m. the meeting was adjourned to Tuesday, April 29 at 4:00 p.m. to hold a City Council team-building session, City Hall Conference Room A, 10300 Torre Avenue. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.