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CC 04-16-2013 Special ri:00/ �5'(.19s1 CUPERTINO APPROVEI) MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, April 16, 2013 CITY COUNCIL MEETING ROLL CALL At 4:00 p.m. Mayor Orrin Mahoney called the Special City Council meeting to order in City Hall Conference Room A. Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang and Mark Santoro. Council member Rod Sinks teleconferenced for the meeting. Absent: none. CLOSED SESSION 1. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program At 4:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Mahoney announced that Council met with labor negotiators, obtained data, and gave instructions. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney reconvened the Special City Council meeting in the Council Chamber and led the Pledge of Allegiance. Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency ROLL CALL Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, and Mark Santoro. Absent: Council member Rod Sinks. Mayor Mahoney led a moment of silence for the victim's of the recent bombing at the Boston Marathon. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Proclamation to West Valley Community Services for Volunteer Appreciation Day Recommended Action: Present Proclamation Mayor Mahoney presented the proclamation. 3. Subject: Proclamation recognizing City volunteers for National Volunteer Week Recommended Action: Present Proclamation Mayor Mahoney presented the proclamation. 4. Subject: Proclamations to GreenBiz recognizing 15 new local small businesses for achieving Green Business Certification in our community and for their continuing commitment to protect and enhance the quality of life for all residents of Cupertino Recommended Action: Present proclamations Mayor Mahoney presented the proclamations. 5. Subject: Presentation from SV FACES/Victim Witness Assistance Program and proclamation for National Crime Victims' Rights Week Recommended Action: Hear presentation and present proclamation Mayor Mahoney presented the proclamation. No presentation was made. Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency 6. Subject: Annual Report on Pavement Management Program Recommended Action: Review the report. No action is required Written communications for this item included a staff PowerPoint presentation and an amended page replacing figure 3 on page 3 of the Annual Report on Pavement Management Program from the packet. Assistant Director of Public Works Roger Lee reviewed the staff report via a PowerPoint presentation. He highlighted network statistics, street types, network condition, pavement condition index, example of data collection survey, sample pictures of neighborhood streets, pavement management outlook, and benefit of timely preventative maintenance. Council received the report. POSTPONEMENTS—None ORAL COMMUNICATIONS Dennis Whittaker talked about service clubs and said that they are not doing very well because the number of members is decreasing. He asked community members to spend more time helping out the community to make Cupertino the best that it can be. He said that younger members are needed because they have the energy to support the clubs and he challenged younger members of the community to reach out and join service clubs. Peggy Griffin, speaking for Ed Auch, showed Chapter 14.12.120 of the Cupertino Municipal Code regarding Condition for Development of Building Permit. She said the ordinance ties a building permit to a tree permit if it doesn't currently exist. She said that building permits are important because they ensure that work is done according to safety codes and that we should be encouraging people to obtain them. She said that currently if someone needs to replace an electrical box they would be required to plant a tree before the building permit is issued. She requested that Council modify the ordinance so that it does not require that a tree be planted prior to issuing a building permit for minor work. Peggy Griffin, speaking for herself, said that recently her neighborhood trees were tagged by the City crew and there was no information accompanying the tag that explains what was going to happen. She said that when a flier was distributed it Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency was only distributed to residents with a tagged tree but that there was no option available on the flier for a resident to opt-out. She also said that when she contacted the City requesting to opt-out, a supervisor tried to change her mind and said that if a tree was there before then another one would be planted. Ms. Griffin said she feels this is a bullying tactic and that residents should be allowed to choose if they want a tree or not. She requested that Council add an opt-out option on the flier and not allow residents to be bullied by staff if they choose not to have tree. Laura Auch said that she is unhappy about the enforced City tree program and that it bullies residents. She said that staff forged ahead without giving information since they knew it would cause issues with the residents. She said the informational flyer doesn't explain that residents will be fined if they trimmed the tree without a permit and it forces residents to accept a tree without any option to opt-out. Rewati Deo requested that there be an opt:-out option available for those who do not want a tree in their front yard. She said that there should be better notice and communication about this program. Terry Griffin said that he is disappointed with the implementation process and the change in policy regarding how street trees are owned and maintained. He commended the City for wanting to take stewardship for street trees and preserve public property, but said he feels it's different in semi-rural neighborhoods where the property goes right out to the street since there are no sidewalks. He also said he finds tags on trees that were paid for and planted by the residents. Sanket Swami suggested that there should be an opt-out option available for residents who do not want a tree in their front yard. He said the City could then use the funds that would have been used to put trees in public places such as parks. He also suggested that the City should offer native plants to help reduce green house gases. Director of Public Works Timm Borden responded that some trees have been mismarked but that has now been reconciled and that there is not a specific option to opt-out, but residents can do that. He said that he was not aware of anyone being bullied into having a tree and that when a resident calls to opt-out they are told about the benefits of the program and if a tree was not there recently then residents do not have to have a new tree planted. Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency CONSENT CALENDAR Wong moved and Chang seconded to approve the items on the Consent Calendar as recommended with the exception of item number 13 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: none. Abstain: none. Absent: Sinks. 7. Subject: Approve the April 2 City Council minutes Recommended Action: Approve the minutes 8. Subject: Accept Accounts Payable for period ending March 22, 2013 Recommended Action: Adopt Resolution No. 13-031 accepting Accounts Payable for period ending March 22, 2013 9. Subject: Accept Accounts Payable for period ending March 29, 2013 Recommended Action: Adopt Resolution No. 13-032 accepting Accounts Payable for period ending March 29, 2013. 10. Subject: Approve Alcohol Beverage License Application, Gumbas Restaurant, 21678 Stevens Creek Boulevard Recommended Action: Approve Alcohol Beverage License application, Gumbas Restaurant, 21678 Stevens Creek Boulevard 11. Subject: Approve Alcohol Beverage License Application, Lei Garden, 10125 Bandley Drive Recommended Action: Approve Alcohol Beverage License Application, Lei Garden, 10125 Bandley Drive 12. Subject: Approve Alcohol Beverage License, Cuocui, 10619 S. De Anza Boulevard Recommended Action: Approve Alcohol Beverage License, Cuocui, 10619 S. De Anza Boulevard 13. Subject: Approve 2013-2014 City Council Work Program Recommended Action: Approve the final Work Program Wong moved and Chang seconded to approve the 2013-2014 City Council, final Work Program with the following amendments: Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency • Strike out "Civic Center Area" under item #4, communications, on page 69 of the packet • Add new item d "Enlarge library story room" under item #5 on page 71 of the packet Council directed staff to continue to use the previous color format of the Work Program going forward. The motion carried with Sinks absent. SECOND READING OF ORDINANCES 14. Subject: Approval of minor amendments to Chapter 14.18 of the Cupertino Municipal Code, Protected Trees Recommended Action: Conduct second reading and adopt Ordinance No. 13- 2107 "An Ordinance of the City Council of the City of Cupertino amending Chapter 14.18, Protected Trees, of the Municipal Code" Written communications for this item included a redline copy of the ordinance. City Clerk Grace Schmidt read the title of Ordinance No. 13-2107. Jennifer Griffin said that she has been following this item and is glad that Cupertino values the protected trees. She said she is glad that all of the trees will be on the list including Fir, Sycamore, and the Bay tree in Rancho San Antonio. She said that there are a lot of Fir trees that precede the time Cupertino was incorporated and that she still wants the Blue Spruce, Bay Laurel, and Sycamore on the list. Wong moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Absent: Sinks. Wong moved and Chang seconded to enact Ordinance No. 13-2107. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Absent: Sinks. PUBLIC HEARINGS 15. Subject: Community Development Block Grant (CDBG) funds, Human Service grants and FY 2013 Annual Action Plan Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency Recommended Action: Conduct public hearing to continue final approval of the funding allocations and FY 2013 Annual Action Plan to May 7, 2013 to complete the 30 day comment period Description: This is the first of two required public hearings regarding use of 2013-14 CDBG funds, Human Service grants, and the FY 2013 Annual Action Plan Senior Planner Vera Gil reviewed the staff report via a PowerPoint presentation. Mayor Mahoney opened the public hearing. There were no speakers and the public hearing was closed. Council conducted the public hearing and concurred to continue the final approval of the funding allocations an.d FY 2013 Annual Action Plan to May 7, 2013 to complete the 30 day comment period. Mayor Mahoney reordered the agenda to take up item number 17 next to give time for the petitioner to arrive for item number 16. ORDINANCES AND ACTION ITEMS 17. Subject: Consider canceling meeting(s) during the summer Recommended Action: Provide direction to staff Wong moved and Chang seconded to cancel the August 6 meeting. The motion carried with Sinks absent. ORDINANCES AND ACTION ITEMS - Continued 16. Subject: Petition for Reconsideration of the extension of the Blue Pheasant lease Recommended Action: 1. Consider the Petition for Reconsideration and adopt Resolution No. 13-033 denying the Petition for failure to meet the procedural requirements of Cupertino Municipal Code Section 2.08.096, thereby upholding the City's decision to extend the lease on the Blue Pheasant Restaurant; 2. If the Council finds that the petition meets the requirements of CMC 2.08.096, conduct a hearing on the merits of the Petition and either (a) deny the Petition and uphold the decision to extend the lease or (b) approve the Petition and provide alternate direction on the lease for the Blue Pheasant Restaurant. Staff recommends that the Council deny the petition and uphold its original decision Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency Description: Lessee: Hungry Jack's Restaurant Corporation and Mike Tsachres; Petitioners: Oakdell Ranch Board Members, Diane Berg, and Marjan Kashvad; Location: 22100 Stevens Creek Blvd Written communications for this item included an email from the Director of Community Development Aarti Shrivastava noting Cupertino Municipal Code Section 13.04.190 and an email from Barbara Rogers regarding the reconsideration. Mayor Mahoney explained the two-step process. He said that the first part was to review the criteria and if it meets the bar for reconsideration, it would be brought back to Council again for further review. Petitioner Marjan Kashvad clarified that the concerned residents do not want to close the Blue Pheasant but want to work together to create a family-oriented restaurant and club house for the golf course and community events. She showed specific Cupertino Municipal Code definitions regarding nightclubs and restaurants. She said that restaurants with a separate bar are required to have a permit and if they serve alcohol past 11:00 p.m. then a conditional use permit is required, but use permits are not allowed in a park zone. She said that in 2004, a preliminary injunction was filed and that the City Planner at that time said a use permit was required if it stays open after 11:00 p.m. and it was interpreted at that time as a nightclub which requires a use permit. She also discussed portions of Cupertino Municipal Code Section 19.84.020 and Planning Commission minutes from May 2005, which show that if zoned as a park then the restaurant can stay but the nightclub cannot. She said that during Planning Commission and City Council meetings in 2005, the issue of rezoning to extend the hours beyond 11:00 p.m. and allow for a nightclub operation with a use permit was discussed and ultimately denied at both meetings. She noted that the City Attorney opinion in 2005 was that a nightclub cannot operate in a park zone and must have a conditional use permit to operate after 11:00 p.m. She said that without a use permit it cannot operate after 11:00 p.m. and the permit issue was not adequately covered when the new lease agreement was approved by Council. Barbara Rogers said that she read through the material and staff's answers. She said that staff answered everything and she concurs with staff. She urged Council to deny a reconsideration hearing. Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency Members of the City staff reviewed various sections of the Cupertino Municipal Code related to operating accessory facilities in a park zone and whether a conditional use permit was needed. It was determined that a restaurant and bar could operate in a park zone in conjunction with a recreation activity such as the golf course. It was also determined that because the City owns the facility, a conditional use permit is not needed and that the restaurant can stay open past 11:00 p.m. at Council's discretion as part of the lease agreement. Chang moved to postpone this item to the next Council meeting. There was no second to the motion. Wong moved and Chang seconded to grant the reconsideration. The vote was 2- 2 with Wong and Chang voting yes, Santoro and Mahoney voting no, and Sinks absent. No action was taken thereby upholding the City's decision to extend the lease on the Blue Pheasant Restaurant. STUDY SESSION 18. Subject: Study Session for a potential application to rezone a .87 gross acre parcel from Planned Development General Commercial to Planned Development General Commercial and Residential, demolish an abandoned automobile service station and construct 6 residential units, including 5 live-work units with detached workspaces, along with associated site improvements Recommended Action: Discuss Planning Commission's comments of the potential project and provide direction for Foothill Boulevard Live-Work Development Description: Applicant: Ron Tate (Tate Development) and Mike Amidi (Foothill Auto Service & Detail, Inc); Location: 10121 N Foothill Blvd APN# 342-32-070, 342-32-144; Study Session for a potential application to rezone a .87 gross acre parcel from Planned Development General Commercial to Planned Development General Commercial and Residential, demolish an abandoned automobile service station and construct 6 residential units, including 5 live-work units with detached workspaces, along with associated site improvements. The project will require rezoning the property form P(CG), Planned General Commercial to P(CG,Res), Planned General Commercial and Residential and a Tentative Map application to subdivide the parcel. Other associated permits that will be required include a Development Permit, Architectural and Site approval and a Tree Removal Permit Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency Written communications for this item included an email from Gayla Page, a staff PowerPoint presentation, and plan set. Associate Planner George Schroeder reviewed the staff report via a PowerPoint presentation. Applicant Ronald Tate said that the current owners of the property asked him to take a look at this site because it's hard to close a service station with a store. He said that the neighborhood is really mostly residential and there is not enough traffic there to keep a gas station and convenient store in this location. He said that he is proud of his work, is LEED certified, and has done other work in Cupertino. He said he doesn't believe this is a good site for something like Starbucks because it takes a certain element in the location to make the commercial successful. When the station closed and moved tanks in 1999 there was some residual soil which was contaminated in this area, but the new double tanks that were installed in 2000 had no residue when they were removed. He said that some remediation needs to happen for anything other than a gas station and that he is prepared to do that to make sure it is safe. He said he believes it's a good place for residential and doesn't think it would work with anything commercial. He also said he had 40 people attend a community meeting and that density was really the only issue. He said his proposal is offering something unique to Cupertino and it worked out well in Los Angeles. The project would be managed by a professional off-site management company to handle landscaping, the rules and regulations, and the workspace units cannot have employees, rent or sublet the space. Hie said the workspace units are for use of the homeowner for their particular business. He requested direction from Council to either continue to move forward with the project or not. Sam Nazhand said that he has lived behind the gas station for eight years. He said he was always concerned about the safety of children in the neighborhood when the gas station was open due to traffic and that he does not prefer having a commercial use of the space. He said he supported the project and that it would be good for the community. Jennifer Griffin said that the project is an interesting concept for the area. She said she is glad they are retaining some commercial at this site and likes the idea of having a study session at the Planning Commission as well as Council for something like this. She said she thinks a home business is a good idea with commercial along Foothill Boulevard. Tuesday, April 16, 2013 Cupertino City Council Successor to the Redevelopment Agency Council comments included: Like the idea of combining residential and commercial with an office in the home; site not good for supporting strictly commercial; okay with all residential but not R-1; Foothill Blvd. does not have much to support commercial; okay with proposed project or all housing; site could work as commercial for preschools, tutoring studios, karate studios; would like it to be zoned R-1 to be more in-line with the houses in the area; preference toward lower density housing; do either strictly commercial or planned unit development with housing; instead of work units in back have more yard space. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. Santoro requested that Cupertino Municipal Code Section 14.12.120 be added to an upcoming agenda and be modified so that it does not require a tree be planted prior to issuing a building permit for minor work. ADJOURNMENT At 10:25 p.m., the meeting was adjourned. (;)1; c__41')/M.A4k-j- Grace Schmidt, City Clerk Staff reports, 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 at www.cupertino.org. Click on Agendas & Minutes, then click Archived VVebcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.