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CC 10-07-08C O P E RT I N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, Octot~er 7, 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 lecl 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 CEREMONIAL MATTERS -PRESENTATIONS Mayor Sandoval presented a proclamation to Terry Van Fossen commending her for saving the life of Michael Harrison who suffered a heart attack on August 8, 2008 at the Cupertino Sports Center. Ms. Van Fossen administered CPR usirig the automated external defibrillator device (AED). Mayor Sandoval noted that all City facilities now had AEDs on site. Ms. Van Fossen thanked the Mayor and also stated that she was pleased to know that many people at the Sports Center that day were now planning to learn CPR. Mr. Harrison gave his heartfelt thanks to Ms. Van Fossen for her life saving efforts on his behalf. The manager of the Sports Center also thanked Ms. Van Fossen and noted that Mr. Harrison planned to be back on the teruiis courts next week. Mayor Sandoval presented Mr. Hugh Riddell with an award in recognition of his service to the City of Cupertino as a member of the Public Safet}~ Commission. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Brock Winstead, representing Senator Joe Simitian, announced the Senator's upcoming Town Hall meeting on Wednesday, October 15, from 6:40-7:30 p.m. in the Cupertino Community Hall. October 7, 2008 Cupertino City Council Page 2 Joyce Iwasaki, representing Assemblywoman Pro Tem Sally Lieber, announced the Assemblywoman's upcoming Town Hall meeting on Sunday, October 12, from 2:00 - 4:00 p.m. also in the Cupertino Community Hall. CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 3, ~l, 8, and 9, which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 1. Adopt resolutions accepting Accounts Payable for September 12, 19, and 26 Resolution Nos. 08-128 through 08-130. 2. Adopt a resolution accepting Payroll for SeI>tember 19, Resolution No. 08-131 . 5. Accept applications for an Alcoholic Beveraee License: a. HuChian~ Dumpling House, 1087'7 N. Wolfe Rd. (No. 41 On Sale Beer and Wine) b. Sushi Ya Restaurant, 21265 Stevens Creek Blvd., Ste. 205 (No. 41 On Sale Beer and Wine -Eating Place) c. Wang Tofu House, 10789 S. Blaney Ave. (No. 41 On Sale Beer and Wine) 6. Approve a fee waiver request from the Leat=_ue of Women Voters of Cupertino-Sunnyvale of approximately $300 in facility use fees for the use of the Cupertino Community Hall for the 15`h Congressional District Candidates and Judges Forum on October 13, 2008 from 6:00 p.m. until 9:30 p.m. 7. Accept municipal improvements, Felicia Chow and Joyce Chow, Su Yong Law and Frankie Kan Yin Law, 20055 and 20065 De Palma Lane, APN(s) 369-32-006 and 369- 32-039 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including grading, curb and gutter, easement, and sidewalk work as required by the improvement agreement with the City. Through an improvement agreement with the City for a building permit to construct three single family dwellings, 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) 3. Accept the Treasurer's Budget Report for August 2008. October 7, 2008 Cupertino Cit. Council Page 3 Administrative Services Director Carol Atwood reported that safety and liquidity were the main focus of the city budget. She noted that the city had a $64 million investment portfolio that included conservative investments. The City was currently in good shape and staff was constantly monitoring ar~d reporting to Council as new financial developments occurred. Wang/Wong moved and seconded to accept the report. The motion carried unanimously. 4. Authorize the Mayor to send a letter of support regarding Measure A, Valley Medical Seismic Update Bond and Measure B, 1/4-cent sales tax for BART operations (only if BART is extended to San Jose), as recommended by the Legislative Committee. (No documentation in packet). Wong/Mahoney moved and seconded to note that Measure B was fora 1/8-cent sales tax, not a `/4-cent tax, and to authorize the Mayor to send a letter of support regarding Measures A and B. The motion carried 4-O, with Santoro abstaining. He explained that he did not feel that people should be told how to vote, and therefore he abstained on this matter. 8. Adopt a resolution approving a final par,~el mats, 10185 and 10215 - 10227 Empire Avenue, Bleskom LLC, APN 326-22-002 and 326-22-029, Resolution No. 08-132. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 9. Adopt a resolution approving an imnrov~sment agreement, Bleskom LLC, 10185 and 1021 ~ - 10227 Empire Avenue, APN 326-22-002 and 326-22-029, Resolution No. 08- 133. Discussion followed on item Nos. 8 and 9, and whether the agenda packet contained sufficient documentation to explain these types of items. The City Manager explained that per the direction of an earlier Council the documentation presented to Council for Consent Calendar items was brief. In the case of item 8 the approval of a final map was a formality but a requirement according to State Law. Regarding the improvement agreement the applicant had met the approved conditions and staff had inspected the project. The matter was then brought to ~."'ouncil for final approval. If Council wished, additional background could be included for such items. Wong/Wang moved and seconded that staff should provide additional information as appropriate for each type of item, such <<s a map on final map permits. The motion carried 3-2, with Sandoval and Mahoney voting no. Wang/Santoro moved and seconded to adopt Resolution Nos. 08-132 and 08-133, approving the final parcel map and the improvement agreement on Empire Avenue. The motion carried unanimously. October 7, 2008 Cupertino City Council Page 4 PUBLIC HEARINGS 10. Consider an appeal of the Planning Commission's decision to approve a one-year extension of a tentative parcel map (TM-:?005-03) that expires on July 26, 2008. The Tentative Map subdivided an approximate)}~ 1.0 acre site into two parcels of about 20,000 square feet each in an R1-20 zoning, Application No. DIR-2008-19 John Dozier. 21925 Lindy Lane, APN 356-25-014. The appellarit is Council member Gilbert Wong. Mark Santoro explained that he would recuse himself from participation and voting on this item because his home was within 500' of the project. At 7:20 p.m. Santoro was absent. Senior Planner Colin Jung presented an overview of the project and addressed the issues raised by Councilmember Wong. These issues included the following: 1) No core sampling of soil had taken place and this should be done prior to tentative map approval; 2) There was not enough land to subdivide the property without the easement; 3) A condition of the tentative map stated that no trees are to be removed. However, trees would have to be removed to build the house; and 4) The tentative map condition stating that retaining walls shall be four feet high would result in a series of retaining walls that would negatively impact the landscape. I:n response staff noted the following: 1) The geologist used his own subsurface data from nearby properties and staff recommended that core sampling be done when a new home was actually proposed on the property; 2) A finer reading of the definition of `lot ar~:a' stated that a street right-of--way must be excluded - not a driveway; 3) Staff did not intend that all trees (fruit trees, saplings or other exotic trees) on the property be protected; and 4) Staff believed that shorter exposed retaining walls that were tiered would be easier to screen from view than a taller exposed wall. Council member Gilbert Wong, the appell~int, reiterated his concerns as outlined by staff. In addition he asked staff to show him the ~~otential building pad, the location and number of retaining walls, the number of trees that: would be removed to build the house and the driveway and the impact of the street improvements on the hill and the trees. Councilmember Wong stated that he strorigly recommended not extending this tentative map based on all of the concerns he had raised and sending the project back to the Planning Commission. Marion Schmidt, Eva Wong and Barry Pangrle stated they were not in favor of an extension. They noted that there was not enough land for a subdivision and exceptions had been made regarding the retaining walls, core sampling, tree removal and street improvements. This project had been going on for three years and negatively impacted the neighborhood. John Knopp, John Dozier, John James and Julia James spoke in favor of the extension. Mr. Knopp noted that he had worked with. staff and all issues had been addressed except the sidewalk issue. Because of a variety of delays more time was needed to work on this matter, therefore the request for an extension. Julia James noted that there were no other October 7, 2008 Cupertino City Council Page 5 sidewalks on Lindy Lane and she strongly supported saving the trees and not requiring curbs or sidewalks. Mahoney moved and Sandoval seconded 'to deny the appeal. The motion failed with Mahoney and Sandoval voting Aye, Wang and Wong voting No, and Santoro absent. Wong moved and Wang seconded to uphold the appeal. The motion failed with Wong voting aye, Mahoney, Santoro and Wang voting no, and Santoro absent. Wang said that she would not be able to vote either way on the project until she had more information about the history of the project. Acting City Attorney Mark Hynes said that the decision of the Planning Commission stands. 1 1 . Consider adopting a resolution amending R-esolution No. 08-044, User Fees, Schedule D - Miscellaneous Items regarding Photovoltaic Svstems (solar) for BQ (Quasi Public Buildings) zone, Resolution No. 08-134. Director of Community Development Steve Piasecki stated that photo-voltaic permit fees were set at full cost recovery except for residential systems which were set at an 80% reduced fee of a $200 rate. This decisiori was made by Council in April 2008. He presented two options for Council consideration. The first option would provide for an 80% reduction fee for quasi-public photo-~~oltaic permits. This reduction would yield a fee of $1,123 and the average impact to the General Fund would be $8,988. The second option would provide fora 55% reduction which would yield a subsidy of $3,117 and the cost to the city would be $6,234 per year. Both of these options were based on the historical average of two quasi-public photo-voltaic permits per year. Miki Wallace, President of the Church Council at Bethel Lutheran, noted that they were designated commercial and commented that they did not have the revenues to pay the current solar permit fees. She also referred to the many community services and activities provided by the church and asked Council for a favorable consideration of reduced fees for the church. Santoro moved and Wong seconded to adopt Resolution No. 08-134, amending the fee for quasi-public buildings to be $1 123, v~hich represents an 80% reduction from the standard fee. The motion carried unanimously. Council agreed that the matter of retroactively adjusting the fee schedule for Bethel Lutheran and St. Judes's churches would be placed on the next Council agenda. Council further stated that when the new employee was on board to deal with green issues that person would review how the City through its fee structure could encourage green activities. October 7, 2008 Cupertino Ci1:y Council Page 6 UNFINISHED BUSINESS -None NEW BUSINESS 12. Reject all bids received for the Sports CourtlTennis Lighting Upgrade Project at the Sports Center and authorize the Public Works Director to re-bid the project without the restroom component or the tennis light upgrade. Administrative Services Director Carol Atwood distributed a letter from Ed Hirshfield, the Cupertino Tennis Club, and an email response from City Architect Terry Greene. Director of Parks and Recreation Mark Linder stated that while both projects -tennis court lighting and sports co~.irt/pool dem~~lition - were combined as a possibly cost efficient measure, all the bids received were well over staff's projections. In part tight site constraints along with the requirement to continue full operation of the tennis courts during construction contributed to the costs. In addition the cost of the restrooms was considerably higher than anticipated. He presented three options for Council's consideration: 1) increase the budget and award contract to low bidder; 2) reject all bids, redesign the current project and rebid the: project; and 3) reject all bids, defer tennis lighting and re-bid sports court without bathrooms. If Council decided to re-bid, the new bids would be brought back to them at the first meeting in December. Dan Gill, Ed Hirshfield and Charlie Hanson, members of the Sports Center, and Bob McCord, President of the Cupertino Tennis Club, urged Council to not defer the lighting of the temiis courts. This lighting issue had earlier been approved by Council and it was of the highest priority that it be improved. For a high quality facility the current lighting at the Sports Center was inferior and to retain members it was necessary to upgrade the lighting. It •vas further noted that the bathrooms could be removed from the project to save costs and the tennis courts could b~~ made accessible to the contractors during construction. Mr. McCord also noted than. the Tennis Club was willing to contribute money from their treasury to help pay for the lighting. Currently this would be approximately $8,000 to $10,-000 and a fundraising effort could also be scheduled. Terry Greene, City Architect, noted that the projects were bid together with the main purpose of creating a large enough project that would encourage reasonable bids. If the projects were bid separately it was still quite possible that the bid for lighting would be higher. Mr. Greene commented that one option would be to re-bid the lighting project and to add an alternate component for the sports court/pool demolition. Mahoney moved to reject all bids and to direct staff to go out to bid for two separate projects: the tennis court lighting and the sports court/pool demolition without the restrooms. The motion failed due to lack of a second. Wang moved and Wong seconded to reject all bids and to direct staff to go out to bid for the tennis court lighting project with an added alternative component for the sports court/pool demolition with restrooms. October 7, 2008 Cupertino City Council Page 7 Mayor Sandoval asked if Councilmember Nang would consider amending her motion to include two added alternative components. One for the sports court/pool demolition and one for the restrooms. Councilmember Wang did not agree with the amendment. Mayor Sandoval stated that while she strongly supported the tennis court lighting she could not support this motion as stated. The motion passed with Santoro, Wang and'. Wong voting yes and Mahoney and Sandoval voting no. 13. Set a date of Oct. 21 at 6:00 p.m. to inter~~iew an applicant for a vacancv on the Public Safety Commission. Council concurred to conduct the interview on October 21 at 6:00 p.m. as the first order of business, before any closed sessions. 14. Receive the annual commissions and committees scheduled vacancy report with terms expiring January 30, 2009, and select an application deadline date of Wednesday, January 14 and interview dates of Tuesday and Wed-nesday, January 27 and 28, 2009. Council concurred to accept the staff-recommended deadline and interview dates. ORDINANCES -None STAFF REPORTS -None Gary Chao was promoted to the position of City Planner. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:52 p.m. the meeting was adjourned to Wednesday, October 8 at 3:00 p.m. for a closed session with Bob Murray and Associates regarding, interview recommendations and City Council interview selections for the City Attorney position. The meeting will be held in City Hall Conference Room C, 10300 Torre Avenue, Cupertiino. ~-- Kimberly Smith, Ci y erk October 7, 2008 Cupertino City Council Page 8 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 8r. Minutes/City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.