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CC 06-17-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 17, 2008 PLEDGE OF ALLEGIANCE At 6:47 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 Proclamation in recognition of Cupertino Amateur Radio Emergency Services (CARES) 20`h anniversary. (No documentation in packet). Mayor Sandoval presented the proclamation to Jim Oberhofer and Vince LaPorta, members of CARES. Mayor Sandoval said that the Army had contacted her about its 233rd birthday as of June 14, 2008. She signed a proclamation honoring the event. POSTPONEMENTS ^ The appellant for Item No. 17 withdrew the appeal after the public hearing had already been advertised Mahoney/Wong moved and seconded to table the item. The motion carried unanimously. ^ Item No. 20 continued to a tentative date of August 19 Mahoney/Wong moved and seconded to continue this item to a tentative date of August 19. The motion carried unanimously. June 17, 2008 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS ^ Item 28 - Emails from Janet Ciotek and Dave and Purdy Brown objecting to the removal of permit parking on Shattuck Drive ^ Item 15C -Amended staff report regarding reconstruction of curbs, gutters, and sidewalks ^ Item 21 -Amended staff report regarding the Oaks Shopping Center ORAL COMMUNICATIONS Harvey Checkman talked about Metro-Fi, the free wireless service in Cupertino, and said he hated to see the service shut down. He urged any visionaries on the City Council or in the community to look into continuing a wireless service in Cupertino. Quan Dong talked about the upcoming Relay for Life to support cancer research. The relay will take place at De Anza College on July 19 and 20. Hong Yan said that the Chinese practice of Falun Gong is a wonderful body exercise that emphasizes self-improvement, truthfulness, compassion, and forbearance. She explained that the Chinese government and others are persecuting those who practice it. Chung Lim said that the practice of Falun Gong emphasizes truthfulness, compassion, and forbearance. She said that practitioners are not all Chinese; she is Korean. Sali Schille, co-leader for Cool Cities Cupertino, a Sierra Club nationwide project, talked about global warming and climate change. She said that citizens are looking to their elected officials to do something and that cities around the bay area are responding in order to increase sources of renewable energy. She urged Council to approve the funds for the green coordinator position that will be talked about in the budget tonight. CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5, 7, 15, and 16 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the May 27 and June 2 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for May 23, 30, and June 6, Resolution Nos. 08-078 to 08-080. 4. Adopt resolutions accepting Pam for May 30 and June 13, Resolution Nos. 08-081 and 08-082. June 17, 2008 Cupertino City Council Page 3 6. Adopt a resolution setting a hearing date of August 5 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 08-083. 8. Adopt a resolution approving records destruction from the Code Enforcement and City Clerk departments, Resolution No. 08-084. 9. Adopt a resolution setting the date of August 5, 2008 to approve the annexation of area 'designated "Baxter Avenue 08-01 ", property located on the west side of Baxter Avenue between Answorth Dr. and Starling Dr., LAU (APN 326-11-012), YIU (APN 326- 11014), Resolution No. 08-085. The property owners of two residential parcels on Baxter Avenue have submitted a request for annexation. The parcels are contiguous to the City of Cupertino and are within its urban service area. This annexation is consistent with City and County urban development policies. 10. Accept municipal improvements, Joseph Jen-Kun Yen, 21872 Hermosa Avenue, APN 357-16-051 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, and storm drain work as required by the improvement agreement with the City. 11. Accept municipal improvements, Andy A. Tu, Lily L. Miao, Cai-Xing Xie, Andy Cheng, 10690 Merriman Road, APN 342-16-120 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, storm drain, and driveway work as required by the improvement agreement with the City. 12. Accept municipal improvements, Murano Homes, Rainbow Drive and Poppy Wes, APN(s) 366-19-048, 074, 075 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, storm drain, and grading work as required by the improvement agreement with the City. 13. Accept a City project performed under contract for Pavement Restoration, Project No. 2007-04, G. Bortolotto and Company (No documentation in packet). The City's Contractor G. Bortolotto and Company has satisfactorily completed work on the Pavement Restoration Project, Project No. 2007-04. The project is therefore eligible for final acceptance and the retained portion of the progress payments eligible for release to the contractor. June 17, 2008 Cupertino City Council Page 4 14. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Jian Yang and Hongyang Liu, Shuxing Song and Xiujun Guan, Steven S. Peng and Kathy L. Peng, 10585 San Leandro Avenue, APN 357-OS-012, Resolution No. 08-086. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Accept the Treasurer's Bud eg t Report for May 2008. Kathy Stakey thanked Council for its hard work on the budget and in listening to the community regarding funding for the Monday Library hours. Wong/Mahoney moved and seconded to approve the item. The motion carried unanimously. 7. Authorize the City Manager to negotiate and execute a contract with Linda Rios for delinquency prevention, early intervention, and diversion services to minors served by Cupertino Union School District (CUSD) and the City. Wong/Mahoney moved and seconded to take up this item during the budget discussion. The motion carried unanimously. Under the budget discussion Mahoney/Sandoval moved and seconded to execute the contract with the understanding that the City Manager will negotiate with both school districts regarding the disposition and overall funding of School Resource Officers. The motion carried with Wong voting no. Wong said he voted no because he thinks that this is a school prevention issue that the school district should be handling. 15. Items related to the City's Pavement Mana eg ment and Reconstruction of Curbs, Gutters, and Sidewalks Programs (a-f): a. Review bids and award the contract for 2007-08 STP Pavement Overlay, Project No. 2007-01, to O'Grady Paving, Inc, in the amount of $317,144.05, and approval of a construction contingency of $32,855.95 to cover any unforeseen work required to complete the project, for a total of $350,000.00 b. Review bids and award the contract for Pavement Restoration, Project No. 2008- 01, to Stevens Creek Quarry & Co., Inc. (SCQ), in the amount of $140,500.00, and approval of a construction contingency of $59,500.00 to cover any unforeseen work required to complete the project, for a total of $200,000.00 c. Review bids and award the contract for Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2008-02, to the low bidder for the amount bid, and June 17, 2008 Cupertino City Council Page 5 approval of a construction contingency to cover any unforeseen work required to complete the project. The award will be effective July 1, 2008 d. Review bids and award the contract for Local Streets Pavement Management 1, Project No. 2008-03, to O'Grady Paving, Inc, in the amount of $919,125.93, and approval of a construction contingency of $91,874.07 to cover any unforeseen work required to complete the project, for a total of $1,011,000.00. The award will be effective July 1, 2008 e. Review bids and award the contract for Major Streets Pavement Mana eg, ment, Project No. 2008-04, to O'Grady Paving, Inc, in the amount of $718,799.31, and approval of a construction contingency of $73,200.69 to cover any unforeseen work required to complete the project, for a total of $792,000.00 £ Authorize the Director of Public Works to negotiate and execute an agreement with Pavement En ing Bering, Inc., for design, testing and inspection services for 2008 Pavement Management Program projects in the amount of $147,100.00, with a contingency of $ 7,900.00 for additional services that may be required upon approval of the Director of Public Works, for a total amount of $155,000.00 Mahoney/Sandoval moved and seconded to approve the item. Wong offered a friendly amendment to approve the item contingent on adoption of the budget. The amendment was accepted. The motion carried unanimously. Under the budget discussion Mahoney/Sandoval moved and seconded to approve the item with the updated numbers. The motion carried unanimously. 16. Set the date of August 5 at 5:00 for a study session to review the status of the Council Work Program. (No documentation in packet). Wong/Santoro moved and seconded to set a study session for August 5 beginning at 5:00 p.m. The motion carried unanimously. PUBLIC HEARINGS 17. Consider an appeal of a Planning Commission interpretation finding a car washing facility consistent with the allowed uses of a Planned Development Recreation/Entertainment Zoning District, Application No. INT-2007-01, Greg Malley, 20990 Homestead Rd., APN 326-09-060. The appellant is Bay 18, LLC c/o Michael J. Cheng. (The appellant has withdrawn the appeal). Under the "Postponements" section of the agenda, Mahoney/Wong moved and seconded to table the item. The motion carried unanimously. June 17, 2008 Cupertino City Council Page 6 18. Adopt a resolution approving the review and collection of the existing storm drain fees at no increase in rates for Fiscal-Year 2008-2009, Resolution No. 08-087. Wang/Wong moved and seconded to adopt Resolution No. 08-087. The motion carried unanimously. 19. Adopt a resolution approving the vacation of a Public Utilities Easement, 10337 Phil Lane, APN 375-OS-027, Resolution No. 08-088. (Continued from May 6). Wang/Wong moved and seconded to adopt Resolution No. 08-087. The motion carried unanimously. 20. Consider Application Nos. CP-2007-04 (EA-2008-02), City of Cupertino, Citywide, Heart of the City Specific Plan Update. (Continued to a tentative date of Au ug st 19). Under the "Postponements" section of the agenda, Mahoney/Wong moved and seconded to continue this item to a tentative date of August 19. The motion carried unanimously. Mayor Sandoval reordered the agenda to take up item number 22 next. 22. Receive public comments, discuss, and adopt the 2008-09 budget: a. Negative declaration b. Adopt a resolution establishing an operating and ca~tal budget for fiscal year 2008-09, Resolution No. 08-089 c. Adopt a resolution establishing an appropriation limit for fiscal year 2008-09, Resolution No. 08-090 Mayor Sandoval opened the public hearing at 7:37 p.m. Jennifer Griffin urged Council to approve the purchase of the SterlingBarnhart Park and consider acquiring land for the Lawrence Mitty (Lawrence Linear) Park. She urged Council to not sell the Simms property at McClellan Ranch. Deborah Jamison urged Council to excise any reference to selling the Simms property from the budget before voting on it. She talked about rezoning both the Simms and Stocklmeir properties to be sure they remain open park space. She noted that the McClellan Ranch Master Plan contains several recommendations for use of the house and land. Mayor Sandoval closed the public hearing at 7:45 p.m. In the budget discussions Council directed staff to do the following: (1) Have the Parks and Recreation Commission look at the festival application process to understand the June 17, 2008 Cupertino City Council Page 7 benefit to Cupertino residents of festivals that use Cupertino dollars, facilities, and assets, and bring back a report before budget time next year; (2) Bring information showing the in-kind cost and hard cost to the City from festivals when staff brings a report from the Parks and Recreation Commission; (3) Agendize a discussion of the Simms, Nelson, and Stocklmeir houses regarding the long-term plan for their uses. Mahoney/along moved and seconded to adopt a negative declaration and Resolution No. 08-090 establishing an appropriation limit for fiscal year 2008-09. The motion carried unanimously. Mahoney/Wang moved and seconded to approve the budget as presented with the following modifications: (1) Add $130,000 for Monday Library hours; (2) Add $50,000 for Community Development permit review; (3) Add $30,000 for Linda Vista pond renovation study; (4) Add $30,000 for walk bike to school incentive program; (5) From current budget remove $15,000 for Citywide paper calendar; (6) Remove $24,000 for professional liability insurance for City Attorney; (7) Remove $130,000 from the Crossroads plan; (8) Remove $100,000 for steel shed. Wong made a friendly amendment to also fund afull-time (not shared) green coordinator position this year by deleting the $75,000 on-going revenue from Sunnyvale to pay for half of a full-time coordinator position, $20,000 from the waste management 939 fund, $25,000 from the savings in hiring the green coordinator later in the year, and $29,000 from the net savings made from the above budget decisions. Wang seconded the amendment. Mahoney accepted the friendly amendment. The motion to the amendment carried unanimously. Council voted on the main motion, to adopt an operating and capital budget for fiscal year 2008-09 and adopt Resolution No. 08-089, as stated by Mahoney above including the amendment by Wong. The motion carried with Santoro voting no. Council discussed item number 7 regarding a contract with Linda Rios. Mahoney/Sandoval moved and seconded to execute the contract with the understanding that the City Manager will negotiate with both school districts regarding the disposition and overall funding of School Resource Officers. The motion carried with Wong voting no. Wong said he voted no because he thinks that this is a school prevention issue that the school district should be handling. Council discussed item number 15 regarding pavement management. Mahoney/Sandoval moved and seconded to approve the item with the updated numbers. The motion carried unanimously. Council discussed the Sterling/Barnhart Park. Santoro/along moved and seconded to take the money out of the budget for the Sterling/Barnhart Park. Public Works Director Ralph Qualls noted that Council had previously approved the design and the property is already in escrow. He said that construction would probably June 17, 2008 Cupertino City Council Page 8 begin sometime in January 2009 for completion by summer. Santoro withdrew his motion. Council discussed the $7,000 in the budget for translations and directed the City Manager to provide a policy. Council recessed from 11:15 p.m. to 11:25 p.m. 21. Consider Application No.(s) U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC-2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Shopping Center), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e): a. Negative declaration b. Use permit and architectural & site approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story 56,194 square foot mixed use retail/office/convention center building over an underground parking podium and site improvements in two phases at an existing shopping center c. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exception to the Heart of the City Specific Plan to reduce one side-yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 56,194 square foot mixed use retail/office/convention center building e. Tree removal request to remove and replace approximately 47 trees that are part of an approved landscape plan for an existing shopping center The applicants Peter Pau and Karen Ngo talked about the project and answered questions from Council. Mayor Sandoval opened the public hearing at 12:51 a.m. on Wed, June 18. Lloyd McIntyre said he has concerns about the loss of trees and adding too much parking structure and concrete. Ruby Elbogen said she was concerned about not having been noticed in her part of town (So. Vallco area) and asked to have the project continued for more extensive noticing. She also said the project was too dense and she didn't like the underground parking. Jennifer Griffin urged Council to keep the oak trees at the shopping center. She said she was concerned about the breakup of the shopping center into different ownership areas and wanted to reduce the size of both the hotel and convention center. June 17, 2008 Cupertino City Council Page 9 Darrel Lum said that he was disappointed that the convention center is separate from the hotel and being built in a different phase, is concerned that the design is too vague at this stage, and that the project doesn't pass the Heart of the City requirements. He urged Council to support the Planning Commission's conditions of approval. Dick Weaver said he sent an email noting that an Environmental Impact Report (EIR) was required for this project and gave three examples to show this. He noted that the State has requirements for noticing projects and that didn't happen in this case. Deborah Jamison said that the project needs neighborhood meetings and better visuals to see what it would look like from different angles to protect the hillside view. She said she thought the project was too big and too dense, and encouraged screening with a double row of trees. Katherine Winget said that a 4-story building is too much for the area and that the surrounding buildings are already short of parking. Mayor Sandoval summarized the comments from those speaker cards in which the speaker couldn't stay, noting their dislike of the project and the tree removal. Mayor Sandoval closed the public hearing at 1:10 a.m. on Wed, June 18. Mahoney made a motion to continue the item with the applicant's concurrence. The applicant responded that the project was started last year and he would like a yes or no answer from Council tonight. Council noted the issues that needed discussing before the project could be approved. Their comments included: more public input needed; want the project to be built in one phase; more landscaping; no loss of parking on Mary Ave.; replace any trees removed; underground parking an issue; build visuals; project too big and creates visual impact on neighbors; don't mind losing parking on Mary Ave. if landscaping and screening is okay; staff can handle tree removal and replacement issue; sustainability important; agree to LEED silver; computer simulation of what would look like on site; want more hotel design for articulation like faux balconies and/or windows; bring back comparisons with other shopping centers. The applicant responded that subdivision is necessary, that it would kill the project to reduce the height and size of the hotel, and he wouldn't be able to build the project if it were done in one phase. He commented that the whole project is a fully developed plan even though it would be done in two phases. He noted that he does not want to have to go back through the Planning Commission process if Council approves the project. Mahoney/Wong moved and seconded to continue the item to August 5 and to put a notice in the Courier for two consecutive weeks. The motion carried unanimously. June 17, 2008 Cupertino City Council Page 10 UNFINISHED BUSINESS -None NEW BUSINESS 23. Appoint two members to the Zero-Waste ad hoc committee. (No documentation in packet). Santoro/Wang moved and seconded to appoint Council members Mahoney and Wong to the Zero-Waste ad hoc committee. The motion carried unanimously. 24. Appoint one member to the Peninsula Division of the League of California Cities to attend Division dinners and events, per the League president Dan Furtado. Council members noted that they usually attend the dinner meetings already. No action was taken. 25. Authorize the City Manager to execute a contract with an executive search firm for the City Attorneyposition. Mahoney/Wong moved and seconded to authorize the City Manager to execute the contract and set a special meeting for August 5 at 10:00 a.m. to meet with the firm. The motion carried unanimously. 26. Receive a briefing on the Housing Element Update process and select a Council Member to attend the Stakeholder meetings. Wong/Mahoney moved to receive the report and appoint Council members Wang and Santoro to attend the Stakeholder meetings. The motion carried unanimously. 27. Approve the schematic design for the uinlan Community Center fountain site. Mahoney/Wong moved and seconded to continue the item to August 19 and directed staff to provide to Council the report previously done by the Parks and Recreation Department. The motion carried unanimously. ORDINANCES 28. Conduct the second reading of Ordinance No. 08-2028: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code to remove Shattuck Drive from Chapter 11.27, Permit Parking Zone, Section 11.27.145, Designation of Preferential Parking Zones." Mahoney/Wong moved and seconded to continue the item to August 19 for the 2nd reading and directed staff to send a notice to interested residents. The motion carried unanimously. June 17, 2008 Cupertino City Council Page 11 STAFF REPORTS -None COUNCIL REPORTS -None ADJOURNMENT At 2:50 a.m. on Wednesday, June 18 the meeting was adjourned to Tuesday; August 5 at 5:00 for a study session regarding the status of the Council Work Program, Cupertino Community Hall, 10350 Torre Avenue. A special meeting will be held on August 5 beginning at 10:00 a.m. to meet with Bob Murray & Associates regarding the City Attorney position, Cupertino 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.