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CC 08-19-08 C U P E RT 1 N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting August 19, 2008 CALL TO ORDER At 6:02 p.m., Mayor polly Sandoval called the meeting to order in the Council Chambers of the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA 95014. ROLL CALL Present: Mayor polly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang (6:03 p.m.) and Gilbert Wong. Absent: none. CLOSED SESSION From 6:02 p.m. to 6:25 p.m., Council held a closed session to discuss the following item. 1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 regarding the Blue Pheasant lease. (No documentation in packet). RECESS - 6:25 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor polly 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 polly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. The City Attorney announced that in the closed session regarding the Blue Pheasant Lease, the Council gave direction to staff regarding negotiations, and directed that this matter be put on the next available Council meeting when there is time to take it up. CEREMONIAL MATTERS - PRESENTATIONS Mayor Sandoval mentioned a recent "music in the quad" event put on by Cupertino resident Sam Giefer with the assistance of City Parks and Recreation staf£ A number of bands played all day on the steps of City Hall, and most of the band members were Cupertino residents or students of August 19, 2008 Cupertino City Council Page 2 Monta Vista High School and Lynbrook High School. Mayor Sandoval also said that she and the City Manager and City Attorney participated in Raksha Bandhan day, which honored brotherhood and fellowship. About 15-18 children and members of the Indian community tied rakhi strings to their wrists. POSTPONEMENTS Mahoney/Wong moved and seconded to continue the following items. The motion carried unanimously. ¦ Continue Item No. 8 regarding Villa Serra Park to a tentative date of Sept. 16 at request of applicant ¦ Continue Item No. 9 regarding temporary outdoor signs to Sept. 2 at request of staff ¦ Remove Item No. 12, the Heart of the City Specific Plan, from the calendar and re- advertise for Council review by the second meeting in October. ¦ Withdraw Item No. 18 regarding Shattuck Dr. preferential parking ordinance because of the withdrawal of support by the neighborhood WRITTEN COMMUNICATIONS A number of written communications were received, and are listed under the specific agenda items. ORAL COMMUNICATIONS Randy Okamura, area manager for AT&T, thanked the City and the City Channel staff for working with them in their efforts to upgrade their system to include Lightspeed, which would provide `U-Verse' to residents. He explained that Lightspeed provided high speed Internet and video services over that network, and some citizens may be watching the meeting now on Channel 99. Mr. Okamura presented the Mayor with a plaque and a medallion as thanks for the City's support. Rhoda Fry expressed her concerns about the Blackberry Farm project. She noted that construction was taking place on Saturdays, which was not allowed, and there was excessive noise during shift changes of the security staff, especially in the early morning hours. Ms. Fry also noted that in 2007 the Council had decided not to rebuild the kitchen but at a recent Council meeting the decision had been made to completely remodel the concession area. She cautioned Council about additional costs related to this project. August 19, 2008 Cupertino City Council Page 3 CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Adopt resolutions accepting Accounts Payable for August 1 and 8, Resolution Nos. 08- 115 and 08-116. 3. Adopt a resolution accepting Pa•~oll for August 8, Resolution No. 08-117. 4. Authorize the City Manager to execute a joint powers agreement to rejoin the Bay Area Emplovee Relations Service (BAERS). 5. Authorize the Mayor to send a letter of support regarding AB 2939 (Hancock) allowing local governments to adopt green buildin~ standards. (Continued from Aug. 5). 6. Accept municipal improvements. (No documentation in packet): a. Cupertino Homes, LLC, Jollvman Lane/Orline Court, APN(s) 359-22-060, 061 The applicant has completed City-specified improvements in the City right-of- way, including curb, gutter, sidewalk, and driveway work as required by the improvement agreement with the City. b. Bay Colony Investors II, Inc., 10745 De Anza Boulevard, APN 326-10-064 The applicant has completed city-specified roadside improvements along the street frontage of their building site as required by the improvement agreement with the City. 7. Adopt a resolution approving an improvement agreement, Stelling Palms of Cupertino, LLC, 10855 N. Stelling Road, APN 326-07-037, Resolution No. 08-118. Through the improvement agreement with the City for a building permit for twenty single family residential units, the applicant will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None August 19, 2008 Cupertino City Council Page 4 PUBLIC HEARINGS 8. Consider a new public park desi~n reviewed and recommended by the City of Cupertino Parks and Recreation Commission, Application No. ASA-2008-01, Villa Serra Apartments, Jonathan Moss, 20800 Homestead Rd. APN 326-09-029. (Continued from Aug. 5). (No documentation in packet). The City Clerk distributed an email dated August 5 from Michael DiTore suggesting reconfiguration of the traffic pattern at Homestead Road and Franco Court. Under "Postponements", this item was continued item to Sept. 16 as requested by the applicant. The motion carried unanimously. 9. Consider a Munic~al Code Amendment of Chapter 17 allowing temporary outdoor signs or displays, AppliGation No. MCA-2008-02, City of Cupertino, Citywide. (Continued from Aug. 5). (No documentation in packet). Under "Postponements", this item was continued to Sept. 2 as requested by staff. 10. Consider a City-initiated Master Plan for the South Vallco Area, Application Nos. CP- 2008-02 (EA-2008-04), City of Cupertino, Citywide. (Continued from Aug. 5): a. Adopt a negative declaration b. Approve the Master Plan The City Clerk distributed the following items: • Email dated August 18 from Suzi Blackman, CEO of the Cupertino Chamber of Commerce suggesting changes to the document • Email dated August 17 from Darrel Lum suggesting changes to the document Mike Foulkes, representing Apple, Inc., addressed several issues of concern. First, he noted that the language regarding Calabasas Creek in the South Vallco Master Plan was not in agreement with the language in the North Vallco Master Plan. He stated that there had been much discussion on this issue for the North Vallco Master Plan and he recommended using that language on the creek issue. He further stated his concerns about limiting traffic circulation on Vallco Parkway. Regarding green buildings, he was concerned about a requirement that might be outdated in a few years, and was therefore asking for more flexibility. Concerning commercial footage, Mr. Foulkes believed that taking from commercial and employment centers could have a long-term detrimental effect. Apple was also strongly opposed to mandatory ground floor retail on Vallco Parkway because this negatively impacted the security of a corporate campus. August 19, 2008 Cupertino City Council Page 5 Suzi Blackman, CEO of the Cupertino Chamber of Commerce, stated the Chamber's support of the plan but expressed some concerns. The parking on South Vallco Parkway raised traffic congestion and safety issues. The expected trail uses related to Calabasas Creek needed clarification. The issue of office versus retail needed further discussion. Ms. Blackman also recommended more flexibility concerning the green building policy. This was a quickly changing area and she suggested allowing the City's environmental coordinator an opportunity to comment on this plan. Sam Gelpi, Hewlett Packard Realty Group, made the following suggestions: discuss further the safety issues on Vallco Parkway; review the office portion of the agreement to give an opportunity to grow in Cupertino; work with Sand Hill Properties on process issues; and provide for more flexibility and the opportunity to explore more options regarding the green building policy. Darrel Lum stated that the Heart of the City Plan should be the guideline. The recommendations related to the Calabasas Creek were week as stated in the South Vallco Master Plan. Council needed to make a clear policy statement regarding the creek similar to those in the General Plan, the North Vallco Master Plan and the Heart of the City. The green building policy also should be implemented. Mr. Lum stated his support of the South Vallco Master Plan as recommended by the Planning Commission. Jennifer Griffin commented that traffic was an issue in that part of town and nothing should be approved that would negatively impact the residents in that area. She also strongly urged Council to protect the double row of ash trees along Stevens Creek as well as the setbacks. Regarding the Calabasas Creek, Ms. Griffin stated that Council should not allow anything to be built in the path of the creek. Michael Gottwald commented that a lot of stores had been lost in this ar~a and revitalization was important. The Council members concurrPd that the document should be amended as follows: Regarding Calabazas Creek, page 16, column 2: "Subject to input and support from various community stakeholders and surrounding landowners, and evaluation of flood protection, securiry, and liability issues, the trail implementation may provide access from Vallco Parkway, Highway 280 underpass, and Tantau Avenue." Re a~ rdin~ LEED certification, page 19, Policy 6.3, second sentence: "In addition, developments shall incorporate renewable energy principles with the goal of attaining at least LEED Silver certification or the equivalent using an alternative environmental and sustainabiliry measurement system or checklist. " Add new wording regarding a retail conversion policy: "New buildings on the South side of Vallco Parkway that do not propose retail shall demonstrate that they can be converted to accommodate future ground floor retail (i.e. adequate ceiling heights, column placement, visibility, etc.) at such time that there is significant redevelopment and use August 19, 2008 Cupertino City Council Page 6 conversion of the existing office development located on the North side of Vallco Parkway." Decisions about enforcement/development agreement will be worked out at a later time). Regarding parking, page 17, Policy 5.5, delete the sentence that said, "fi;m.~ »rnnnrn~ ,.1. .,i,. c.,. n..mlr „+o„aoa ,.L:t:._ Y Y Yn ~b ~b vwv,v" _ v.~ ~„4...~ o4n.~ ~.4~«on n~~ rt 4~.0 ~,4......4 u.aau iu~ ~ , Rename the document "South Vallco Area Blueprint" or other title. Staff will provide recommended options to the City Council. On page 5, add some language to indicate that this document is a guideline, and may continue to evolve. Wong moved and Wang seconded to continue this item to Sept. 16. The motion carried unanimously. 11. Consider an~peal of a Design Review Committee denial of a Director's Minor Modification to add a 200-square foot sunroom to the south side of an existing single- family residence in a Planned Development area, Application No. DIR-2008-13, Jay Swartz (Luo residence), 11535 Murano Ct. APN 366-58-015. The City Clerk distributed the following items: • A document from Jiandong Cao and Yalan Mao listing their objection to the application • A petition signed by six neighbors in support of the application Jay Swartz, representing Four Seasons Sunrooms and Mr. Luo, commented that the privacy issue would be better addressed by allowing the sunroom than by the 20' setback. He asked that the project be evaluated on its own merits and not be denied based on the 20-foot setback which could be changed by Council if they chose. Yalan Mao noted that she was the adjacent neighbor to this project. She stated that in 2003 when this development was proposed, the City, neighbors and the developer all met to discuss the concerns ,especially the issue of privacy. The 20-foot setback was agreed to by all three parties. She asked Council to stand by this agreement. Ms. Mao also noted that currently the development area on this lot was 70%, and if this sunroom was approved it would be 80%. Perry Luo stated that he did not know about the 20-foot setback when he purchased the property three years ago. He noted that they now had two children and he was requesting the sunroom so his children would have a place to play. This sunroom was on the first floor and did not negatively affect the privacy issue. August 19, 2008 Cupertino City Council Page 7 Terry Lancaster, Vice President of the Murano Homeowners' Association, stated that the association had approved the sunroom. The design of the sunroom was consistent with the main house and there was no significant impact on privacy. There were the natural barriers of fences and trees between the properties. In addition the sloping roof the sunroom promoted privacy. Mr. Lancaster also commented that he had lived next to the applicants for three years and they were good neighbors. Janet Wang commented that she and her husband had discussed adding to their home when they purchased it but decided not to pursue it at that time. They had been told that all they would need to do would be to go to the City for approval should they wish to undertake such a project. At the time she had had a report done on possible negative impacts of a sunroom on the tree and was advised there would be none. She noted that their home was quite small with no front or back yards. To purchase a new home in Cupertino would be quite expensive und they were hoping to add this sunroom as a safe place for their children to play. J.D. Cao stated that he was a neighbor of this development project and had purchased his lot ten years ago. In 2003 he was a part of the discussions that included the City, neighbors and the developer. At that time the 20-foot setback was agreed upon and he was asking Council to stand by this agreement. Jennifer Griffin stated that this was a planned community development, which included large homes on small lots. At the time all parties had worked together to reach an agreement, and to change that would be a precedent setting step. She stressed the importance of including parklands in such developments and in the future of making sure that all requirements such as 20' setbacks be stated in the property deeds. Wong moved to uphold the decision of the Design Review Committee. Santoro seconded for purposes of discussion. Councilmember Wong stated that he had been a member of the Planning Commission for five years and a member of the Design Review Committee for two. The Murano project was a planned development community that was new to the City. It had large homes with small lots and the 20-foot setback was included to protect the privacy of all. Vice-Mayor Mahoney did not believe privacy was an issue in this case and exceptions could be made for certain projects when deemed appropriate. Councilmember Wang commented that the builder had told the o~vners in 2003 that they could add on if they got approval from the City. In addition the 2003 agreement for a 20- foot setback should have been set forth in the deeds. Councilmember Santoro commented that the builder had told the owners that they `may' be able to add on if they got approval from the City and the homeowners' association. Purchasers of properties should know what they could do with a property when they buy it. He did not believe this was a privacy issue but it was a quality of life issue. He also August 19, 2008 Cupertino City Council Page 8 referred to the neighbors who attended the 2003 meeting and believed an agreement had been reached on a 20-foot setback. This should be respected and to change it at this time would be precedent setting. Mayor Sandoval commented that the basis of the 20-foot setback was the impact on privacy and she did not believe this was a privacy issue. Furthermore the homeowners' association had approved this request for a sunroom. The original motion failed with Council members Mahoney, Sandoval, and Wang voting no. Mahoney moved and Wang seconded to uphold the appeal and approve the application to install the sunroom. The motion carried by the following vote with Santoro and Wong voting No. 12. Consider Application No. SP-2008-01, City of Cupertino, Citywide, Heart of the Citv Specific Plan undate. (Continued from June 17). Remove from calendar. It will be re- agendized followin~ the completion of the Plannin~ Commission review. (No documentation in packet). Under "Postponements", this item was removed from the calendar, and staff was directed to re-advertise the item for Council review by the second meeting in October. UNFINISHED BUSINESS 13. Discuss the Sports Center Up~rade and Pool Demolition project (now combined with the Sports Center Tennis Court Lighting Project) scheduled to go out to bid on Au us~ t 20, 2008. (No documentation in packet). Parks and Recreation Director Mark Linder reviewed two options: (1) Multi-sport court option with a project budget of $500,00 with no additional operating costs. Plans are nearly done and project could go to bid on August 22; (2) Pool renovation option would replace pool and restrooms with similar sized pool and ADA-compliant restrooms. Estimated budget $850,000 -$1 million, and includes an all-weather cover, heated pool, and property drainage to sanitary sewer. Additional operating and maintenance costs would be $189,580 for the first year and $169,580 in subsequent years. Ed Hirshfield stated that he had lived in Cupertino since 1963 and had been President of the tennis club when the Sports Center was purchased. He was still actively involved and he supported the staffls recommendation for a multi-sport court. There were 1,500 members of the center at this time with 600 tennis members. Mr. Hirshfield believed this multi-sport court option would meet the needs of the current users of the center. Santoro moved and Mahoney seconded to proceed with the existing plan, which is to replace the swimming pool and restrooms with a multi-sport court and restrooms that are August 19, 2008 Cupertino City Council Page 9 compliant with the Americans with Disabilities Act; and to go out to bid on August 20. The motion carried unanimously. NEW BUSINESS 14. Approve the schematic desi~n for the uinlan Community Center fountain site. (Continued from June 17). Parks and Recreation Director Mark Linder reviewed the staff rzport using PowerPoint slides. Mahoney moved and Wang seconded to accept the staff recommendation to replace the Quinlan Center Fountain with a patio and trellis, as illustrated in the City Council packet, with a project budget of $280,000. The motion carried with Wong voting no. 15. Consider modified street improvements for the Knopp development at 21925 Lindy Lane and recommendation to retain the street improvement conditions required by the Planning Commission. Council member Santoro stated that this project is located within 500 feet of his residence, so he recused himself from participation and voting. At 11:07 p.m. Santoro was absent. Assistant Public Works Director Glen Goepfert reviewed the staff report via a PowerPoint presentation. The City Clerk distributed the following items: • Email dated August 18 from Barry Pangrle • Email dated August 17 from Frank Sun • Two emails from Simon Ko • Three-page petition from Lindy Lane residents asking that the 4500 sq. ft. Planning Commission trigger be increased to 6500 sq. ft. for lot sizes greater than one acre Eva Wang stated her concerns about the subdivision. She noted that the property did not have the minimum footage required for a subdivision; no geographic report had been done for this property; and the applicant had not provided storm drain hookups nor had he fixed the road damage on his last subdivision. John Dozier, representing Mr. Kriopp, commented that a lot of the issues being raised were related to Mr. Moxley's adjacent subdivision and he noted that Mr. Moxley was not involved in this project. He noted that Mr. Knopp had complied with the city in 2005 to not have direct access to the newly developed lots by obtaining an easement on an adjacent property. Mr. Dozier also stated that curb, gutter and sidewalks made no sense on this side of the street; it was a pathway going nowhere. August 19, 2008 Cupertino City Council Page 10 Barry Pangrle explained his view that the trees could be saved with the road in place. He also questioned why this matter was before Council. There was already an ordinance in place stating 40' wide street with sidewalks. This ordinance could be met without the loss of trees. Unless there was 2/3-majority support for a semi-rural petition Council did not need to do anything. He further stated that the requesting party should perform the necessary improvements to bring the property up to code before the final map is approved and should present supporting evidence for benefits of any proposed design changes. Frank Sun referred to a petition signed by Lindy Lane residents asking that the 4,500 square foot Planning Commission trigger be increased to 6,500 square feet for lot sizes greater than one acre. He hoped that this matter could be agendized for Council consideration. John James commented that both north and south Lindy Lane residents were in discussion about this issue and everyone was concerned about saving the oaks. He urged Council to make sure these trees were not harmed. Mr. James also stated that he would get the required 2/3 residents of Lindy Lane to sign the petition. Wang moved and Wong seconded to take no action at this time. The motion carried with Santoro abstaining. 16. Review and approve the Parks and Recreation draft Work Plan for 2008-09. At 12:05 a.m. Mark Santoro was present. The City Clerk distributed an updated staff report. David Greenstein, Chairman of the Parks and Recreation Commission, reviewed the proposed work plan for the commission. He noted the following Council directed items: festival application process, long-term use of the Blue Pheasant and Blackberry Farm Retreat Center, future use of Simms and Stocklmeir properties and a dog park recommendation. In addition the commission was asking Council to direct them to add the following: policies and procedures for Stevens Creek Corridor (maintenance, security, trail use, etc.), community building opportunities including a Kaboom playground and an adopt-a-park program and green policies in parks. Jennifer Griffin stated that parks were very important to Cupertino and the city was park deficient in many areas. She suggested that time and money be spent by the city to identify parcels of land that could be used for parklands. She supported Cupertino purchasing these identified parcels for use as pocket parks. Wang moved and Santoro seconded to approve the work plan for the Parks and Recreation Commission. The motion carried unanimously. August 19, 2008 Cupertino City Council Page 11 17. Conduct the first readin~ of Ordinance No. 08-2029: "An Ordinance of the City Council of the City of Cupertino Amending Table 11.24.160 of the Cupertino Municipal Code Relating to Prohibition of Parkin~ During Certain Hours, on the East Side of Marv Avenue, Be.tween 2 A.M. and 5 A.M., Between a Point 340 Feet North of Stevens Creek Boulevard and a Point 1000 Feet South of Lubec Street". Assistant Public Works Director Glen Goepfert explained that this ordinance was before Council as a result of a request from Glenbrook Apartments to remove the prohibition of overnight parking on this particular section of Mary Avenue. Due to higher occupancy legal requirements the apartment complex needed more parking spaces. This new ordinance would provide for approximately 25-28 additional spaces in close proximity to the complex. The City Clerk read the title of the ordinance. Mahoney and Wong moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, and Wang and Wong. Noes: None. ORDINANCES 18. Conduct the second readin~ 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 Parkin~ Zone, Section 11.27.145, Designation of Preferential Parking Zones." (Continued from June 17). (No documentation in packet). Under "Postponements", this item was removed from the calendar because of the withdrawal of support by the neighborhood. STAFF REPORTS - None COUNCIL REPORTS Mayor Sandoval invited the community to the upcoming Fall Festival on September 13 and 14, which will include the Health and Safety Fair this year. She also reminded the Council that the commissioner appreciation dinner was scheduled for this Thursday, along with the I~ousing Element meeting and a sister city meeting. August 19, 2008 Cupertino City Council Page 12 ADJOURNMENT At 12:28 p.m. the meeting was adjourned Kimberly Smith ity 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.