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CC 12-06-05 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, December 6, 2005 ROLL CALL At 6:00 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California. City Council members present: Mayor Patrick Kwok and Council members Sandra James and Kris Wang. Council members absent: Vice-Mayor Richard Lowenthal and Council member Dolly Sandoval. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION At 6:02 p.m. Council recessed to a closed session. Mayor Kwok said that it was not necessary to discuss item 3, and it would be removed from the agenda. At 6:15 Council reconvened in open session, with Councilmember Kris Wang absent, and Council members Dolly Sandoval, Sandra James, and Mayor Patrick Kwok present. The City Attorney announced the Council's action, as noted below. I. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, renew the lease of the Simms House. (No documentation in packet). The City Attorney announced that Council elected to go out to market. 2. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, De Anza Cupertino AQuatics (DACA) request for lease extension of the Cupertino Sport Center pool. The City Attorney announced that Council rejected the request for a lease extension. Mayor Kwok announced that, although they had removed item 3 from the agenda, it later became necessary to discuss it and it was added back onto the agenda. At 6: 15 p.m. the Council recessed to a closed session on item number 3, below. RECESS Council was in recess from 6:30 p.m. to 6:45 p.m. December 6, 2005 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the regular business meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James and Dolly Sandoval. Council members absent: Kris Wang. Mayor Kwok noted that Kris Wang's father-in-law had recently passed away and that she was spending time with the family He excused her from the meeting. CLOSED SESSION - Continued 3. Labor negotiations - Government Code Section 54957.6 regarding the evaluation of the City Manager. The City Attorney announced that Council took no action. CEREMONIAL MATTERS - PRESENTATIONS 4. Presentation of the Cupertino Helen Putnam Award for internal administration. (No documentation in packet). Rebecca Elliot, representing the League of California Cities Association, gave a brief background of the Helen Putnam Award. Mayor Kwok presented the award to Cupertino City Channel employees Rei Delgado and Peter Coglianese. S. Presentation for excellence in financial reporting. (No documentation in packet). Mayor Kwok presented Administrative Services Director Carol Atwood with the award from the Government Finance Officers Association (GFOA). POSTPONEMENTS The Deputy City Clerk noted that there was a request for a continuance on item No. 20. City Attorney Charles Kilian suggested taking this item up during the public hearing section. WRITTEN COMMUNICATIONS The following items were distributed at the meeting: Item No. 20: I. Letter dated December 2 from Bob Rodert, representing the South Lindy Lane Neighborhood Group, summarizing the reasons for their appeal of this item and requesting that the City Council reconsider the matter. December 6, 2005 Cupertino City Council Page 3 2. Letter dated December 2 from John James, representing the South Lindy Lane Neighborhood Group, requesting a continuance of item 20 to any meeting in January 2006. 3. Email from Timothy Misko, with a correction by Don Bautista, asking that trail access not be put in the neighborhood. 4. Email received December 6 from Ron Berti, supporting the appeal and listing other options to be considered if the appeal is not approved. For item number 21, a petition was distributed opposing the entry to Stevens Creek Park from Scenic Circle. ORAL COMMUNICATIONS Jeanne Bradford, Parks and Recreation Commissioner, thanked Sandra James for 16 years of elected service. Deborah Hill talked about traffic on De Anza Blvd., and drivers refusing to stop. She said that a drunk driver hit her 12 years ago. Rusty Britt said she received notice of a $45 parking fee to be able to park on her street. She said she does not want permit parking on her street, and it is inconvenient to have the permits and to have to pay the fee. Administrative Services Director Carol Atwood clarified that the fee is for 2 years, and includes a sticker for the resident plus 2 guests. She noted that residents do not have to have a parking permit, and they can also petition to have a portion of permit parking removed from in front of their houses. She said that staff would send another notice to all of the residents letting them know about their choice to opt out. David Greenstein said that the recent ballot initiatives were bad government, didn't decrease traffic, didn't help schools, harmed the environment, and were based on myth. He said that the majority of the voters said that the system isn't broken, and trusts the Council. He said that problems like growth issues, traffic, and school crowding do still exist, but it's important to have smart growth, responsible decisions, and a trust for Council. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item numbers 16 and 17, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, James. Noes: None. Absent: Wang. 6. Adopt resolutions accepting Accounts Payable for November 11 and 18, Resolution Nos. 05-197 and 05-198. December 6, 2005 Cupertino City Council Page 4 7. Adopt a resolution accepting Payroll for November 18, Resolution No. 05-199. 8. Accept the Treasurer's Investment and Budget Report - October 2005. 9. Declare weeds on certain properties a nuisance and set a hearing date of January 17, 2006, Resolution No. 05-200. 10. Approve applications for an Alcoholic Beverage License: a) Lucy's Café, 21670 Stevens Creek Blvd. (formally Tory's Restaurant near the intersection of Stevens Creek Blvd. and Imperial Ave.) b) Huchiang Dumpling House, 10877 N. Wolfe Rd. (formally Taipei Stonehouse Chinese Restaurant) II. Execute an exclusive lease agreement with California Dolphin Swim School (CDSS) for use of the Cupertino Sports Center pool and other related facilities. 12. Adopt a resolution approving the 2005-06 Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 05-201. 13. Adopt a resolution approving the final map for California Water Service, Tract No.9748, Greenleaf Drive, Resolution No. 05-202. (This item was continued from 11/15105). 14. Accept municipal improvements (street light, curb and gutter, sidewalk, grading) for AKVW Investments, LLC, a California Limited Liability Company, 10141 Lebanon Drive, APN 342-14-005. (No documentation in packet). 15. Adopt a resolution authorizing the City Manager to execute a five-year extension of the Antenna Site Lease agreement between the City of Cupertino and Nextel of California, Inc., a Delaware Corporation DBA Nextel Communications Resolution No. 05-203. 18. Deny a fee waiver reQuest from the Las Madres Neighborhood Playgroups in Cupertino. 19. Adopt a resolution granting a deferred compensation contribution for the City Manager in the amount of three percent of salary, Resolution No. 05-205. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 16. Adopt a resolution declaring the intention to change the street names of Stella Road and a portion of Portola Road to Balboa Road, pursuant to Section 5026 of the Streets and Highways Code, State of California, and setting a public hearing for Januarv 3, 2006, to consider changing said street names, Resolution No. 05-204. City Attorney Charles Kilian noted that the name of the road was misprinted on the agenda and staff report, and suggested continuing the item. December 6, 2005 Cupertino City Council Page 5 Lowenthal/James moved and seconded to continue this item to January 3. The motion carried with Wang absent. 17. Authorize the City Manager to sign a lease agreement for rental of the Simms house. This item was removed from the agenda by staff. Mayor Kwok reordered the agenda to take up item number 21 next. NEW BUSINESS 21. Consider Scenic Circle access to the Stevens Creek Corridor Park. (This item was continued from October 18). Parks and Recreation Director Therese Smith reviewed the staff report. Mayor Kwok opened the public hearing at 7:27 p.m. Council member Kris Wang rejoined the meeting. The following individuals were in favor of opening up access to the park from Scenic Circle: Paul Oleas Kay Knapp Jim Bodwin Michael Stanek Carol Stanek Deborah Hill Anne Ng Ronda Hoxsie Janet Trankle Aaron Grossman, Executive Director, Friends of Stevens Creek Trail Rhoda Fry Chris Gatley Their comments included: Scenic Circle is adjacent to other parks and schools; Council should grant pedestrian and bike access, remove the locks, and return control of the park to the Parks and Recreation Department as in the past; kids should be able to walk and bike to school for health and safety reasons; access should be kept open for everybody; safer and shorter route to schools are needed; it would be an improved park and would be safe for kids to pass through; would avoid cars on McClellan Road; to close off access completely would stop others from enjoying the park; there are ways to discourage car traffic like restricting parking, installing speed bumps, and adding a mirror at the blind corner; bicycle and pedestrian access would be a wonderful asset to the neighborhood; others signed the petition to close the access, but are now asking to open it; parks should not be secluded and should be accessible by any public street that borders it; it's not a problem for property values; many kids bike and walk to Kennedy Middle School and it's safer to take the Scenic Circle route to school; the street won't attract a lot of cars because there is no parking lot there; parking can be regulated by permit parking; in Mountain. View, every house near the trail has increased property value; neighborhoods need to December 6, 2005 Cupertino City Council Page 6 share both the burden and the enjoyment of having a park; neighbors shouldn't have private access to a public park. The following individuals were against opening up access to the park from Scenic Circle: Max Bokleman Ari Strod Terry Brown Marc McGee Don Bautista Eva Low Ryan Joe Ken Joe Stewart Kelly Bob Murphy Bill Hawkes Larry Loo Steve Moody Mark Burns Imam Yuen Their comments included: There is no need for another entry to the park; concern about traffic, especially motorcycles coming into the neighborhood; concern about parking, and decline of property values as a result of strangers and additional traffic in the neighborhood; congestion of trail users; recurrence of disturbances and crime; the serene setting and privacy of the neighborhood is compromised; no good reason to allow access from Scenic Circle; avoid problems in the future regarding people complaining about cars and permit parking; the streets are narrow and don't have sidewalks; any traffic at all would compete with pedestrians; none of the 220 people who signed the petition were told that a vehicular entrance to the park would be added - they were told it was only for pedestrians and bicycles; the park is unsafe for kids to pass through; concern that more people would use the park illegally if the gate were open year-round; residents would not have bought their house if they knew the neighborhood might become a parking lot; people prefer to park in front of houses instead of designated parking lots; a slideshow depicted cars parked on both sides of Scenic Circle, while other cars are driving up and down the street, trying to pass each other; Scenic Circle is the only access in and out of the neighborhood and the 12% grade is difficult to navigate already without adding bicyclists and pedestrians; there are 2 blind corners and it's unsafe for bicyclists and pedestrians; the amount of kids who use that access is low, so closing it wouldn't affect very many; concern about unknown drivers in an area who aren't familiar with the blind corners; neighbors with 95% agreement have expressed their desire to not have access to the park; increased traffic equates to safety issues; make the current route on McClellan Road safer; the Scenic Circle access is not needed for the success of the trail; kids don't walk and bike to school anymore invalidating the idea of greater access for kids to school; opening the gate would cost property owners at least $50,000 in property values because a private street would be turned into a semi-private one; the proposed trail entry is unsafe due to lack of sidewalks, narrow streets, sharp curves and steep slopes. The public hearing was closed at 9:11 p.m. Therese Smith and consultant Jana Sokale answered Council questions regarding parking issues. Their comments included: most people will come to the trail under their own power rather than drive a car; staff could install "no parking" signs with stiff fines; the December 6, 2005 Cupertino City Council Page 7 only parking concern is when the picnic tables are open, and those are reservation only; Public Works Director Ralph Qualls said that he would look into a safe route to the schools; if people follow traffic regulations, the streets are safe even without sidewalks. Council comments included: Not aware of any park that doesn't have access from public streets; not a fan of permit parking; consider painting a red "no parking" curb along the sidewalk that has access to the parks; in favor of walkability and bikability; add a trash bin at entrance; parking issues are serious; this is not a property rights issue; other parks allow people nearby to use them and access them; add two signs saying there is no parking for trail use and vigorously enforce it; try it and don't make a decision based on fear with no evidence; take the burden off the neighborhoods; opening another access doesn't solve the problems at Blackberry Farm; Scenic Circle access is not needed for the success of the trail; concern that the neighbors don't want the access; study the situation more before making a decision; respect the property rights and the neighborhood. Wang/James moved and seconded to close the access and gate to the Stevens Creek Corridor Park. The motion carried with Sandoval and Lowenthal voting no. Item number 20 was heard next. Council member Wang left the meeting after item number 21 was heard, and was absent for the rest of the meeting. PUBLIC HEARINGS 20. Consider an appeal of the Planning Commission's decision to approve Application Nos. TM-200S-0S and EA-200S-l2, a Tentative Map to subdivide a 2.6-acre parcel into three lots. The applicant is Frank Sun. The project is located at 21989 Lindy Lane, APN 356- 25-024. The appellant is the Lindy Lane Neighborhood Group. City Attorney Charles Kilian noted that there was a request for a continuance from the appellant due to illness, unexpected travel, and family issues. He said that Council usually agrees to continuances for applicants, but is not required to grant one. He commented that under Cupertino's subdivision map ordinance, the Council must consider the matter within 30 days, and a special meeting would have to be called if Council chose to continue the item. The applicant, Frank Sun, said he did not want a continuance. Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint presentation. Senior Planner Colin Jung was present to answer questions. The following individuals spoke in favor of upholding the appeal: Ron Berti John James Bob Rodert Sara Arzeno Jennifer Griffin John Knopp December 6, 2005 Cupertino City Council Page 8 Their comments included: wanting to allow the building but protect the views; objections to tree removals and protecting the unspoiled open areas; minimize the destruction of the hillside and keep the original staff recommendation regarding the slope easement; follow the guidelines of the General Plan regarding hillside development; keep the rural character and don't compromise the safety of the hillside; subdivide only 2 lots. The following individuals spoke in favor of denying the appeal: Sherry Fang John Dozier J.W. Lee Mark Santoro Barry Milstone, the project architect Luciano Daile Ore John Knopp Shirley Bates Jitka Cymbal, project civil engineer Dr. Sun Marie Lin Shan Zh Their comments included: the request is only for 3 lots on property that could be subdivided into 4 lots; the lots cannot be seen from the valley floor, will be an asset to the neighborhood, will elevate property values, and all 3 lots comply with the General Plan; both lots are safe from a geological standpoint, and the work would enhance the slope stability; the neighbors could buy the other lot to create a park; property owners must be able to preserve and realize their investments for themselves and family members; the applicant is doing his best to preserve the beauty of the neighborhood, and he has voluntarily agreed to limit the building size on lot I, preserve trees, and plant more trees for greater screening; The owner, Dr. Sun, said they worked hard to reduce impacts, get the neighbors involved, protect the trees, and add trees. He said that most neighbors out of the 40 he contacted were supportive, a few were neutral, and a few were in opposition. He said that he wanted to keep his land, but that he received a letter from City staff that ifhe wanted to subdivide his land, he should do it now, because the City was planning on rezoning the area. City Attorney Charles Kilian commented that some people are under the impression that subdivision is a right. He said that it is actually a privilege, and that Council governs the number oflots involved. Council comments included: 2 lots at the top is too much of a squeeze and too close to other neighbors; the house should be under 3000 square feet; the trees should be kept; more trees should be added; the driveway should come off of the private drive and not onto Lindy Lane; property rights are important; the original recommendation is the best one; the bottom lot should have many conditions attached; don't change things right in the middle of the game. December 6, 2005 Cupertino City Council Page 9 Kilian commented that Council couldn't limit the size of the house, but that Dr. Sun could agree to record a covenant with the land restricting the size of the house. Dr. Sun agreed to limit the size ofthe house to 3000 square feet. Lowenthal/Sandoval moved and seconded to deny the appeal with the following additional conditions: The driveway for lot 1 does not come off of Lindy Lane but off of the existing private drive, there are 2 additional oak trees or redwood trees off of the retaining wall, that the trees all along Lindy Lane are kept, and that the property owner agrees to a home no larger than 3000 square feet. The motion carried with Wang absent. UNFINISHED BUSINESS - None NEW BUSINESS - Continued 22. Authorize creation of a fulltime Facility Attendant position. Parks and Recreation Director Therese Smith reviewed the staff report. Lowenthal/James moved and seconded to authorize the new position. The motion carried with Wang absent. 23. Consider holding a hearing to amend the Rl ordinance regarding the Residential Hillside (RHS) standards. Community Development Director Steve Piasecki reviewed the staff report. Jennifer Griffin said that she is aware of how the county operates, but it takes a long time to understand City politics. She urged Council to preserve hillsides in Cupertino. Mark Santoro requested that Council repeal or suspend the ordinance because people who are trying to build weren't aware of the new regulations. Sherry Fang said that the ordinance was put in place without public notice, and urged Council to look at the broader issue when conducting the hearing. JameslSandoval moved and seconded to direct staff to hold a public hearing with the Planning Commission on this issue as soon as possible. The motion carried with Wang absent. 24. Appoint a City of Cupertino representative to the Santa Clara Valley Transportation Authority Board of Directors. LowenthallJames moved and seconded to continue the item to January 3. The motion carried with Wang absent. December 6, 2005 Cupertino City Council Page 10 25. Appoint a City of Cupertino representative to assist with the Tax EQuity Allocation (TEA) proiect. (No documentation in packet). Council concurred to continue the item to January 3. 26. Review and approve Year-End Budget Adiustments for fiscal year 2004-05. Administrative Services Director Carol Atwood reviewed the staff report. JameslSandoval moved and seconded to approve the year-end budget adjustments. The motion carried with Wang absent. 27. Establish January 31 as the date for the annual Council goal setting workshop. (No documentation in packet). Council concurred to hold the workshop on January 31 from 1-5 p.m. in the Community Hall Council Chamber. ORDINANCES 28. Conduct the second reading of Ordinance No. 1972: "An Ordinance of the City Council of the City of Cupertino Rezoning of an 8.96 Gross Acre Parcel From Planned Industrial Park Zone, P(MP), to Planned Residential, peRES), and Public Park, PR, Located at 19310 -19320 Pruneridge Avenue." Jennifer Griffin said that anything approved in this area would impact Cupertino high schools. She asked Council to look into the housing overlay at the tech parks, and to keep the tech component in Cupertino. JameslLowenthal moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. The motion carried with Wang absent. JameslLowenthal moved and seconded to enact Ordinance No. 1972. Vote: Ayes: Kwok, Lowenthal, Sandoval, James Noes: None. Absent: Wang. STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. December 6, 2005 Cupertino City Council Page II ADJOURNMENT At 12:20 a.m. on December 7th to Monday, December 12, at 6:45 p.m. for the City Council swearing in ceremony. The meeting was adjourned in memory of Mr. Shou-Fan Wang, Council member Kris Wang's father-in-law, G~tIUvJJj- Grace Schmidt, Deputy City Clerk For more information: 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 & Minutesl City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.