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CC 03-07-06 I CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, March 7,2006 ROLL CALL At 5:30 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. STUDY SESSION I. Conduct a study session regarding industrial business in Cupertino. Community Development Director Steve Piasecki reviewed the staff report and made a PowerPoint presentation. He highlighted: I) Maintaining cohesive commercial centers and office parks; 2) Areas to consider for removal of residential overlay; 3) Top 100 sales tax producers; 4) Functionally obsolete buildings. Jennifer Griffin talked about the boom and bust cycle ofthe tech market, and that the City Council should take the approach of creating a healthy mix of both industrial and housing. She urged Council to protect the tech parks. Planning Commissioner Gilbert Wong, representing the Chamber of Commerce, said that industrial areas should be reserved and urged Council to save room for industrial parks. Beverley Bryant, representing the Homebuilders Association of Northern California, said that Cupertino should have a balance of residential and industrial, but as much residential as possible since employees need places to live. She urged Council to continue to look carefully at areas to be converted, including Bubb Rd. Council concurred to continue doing study sessions on this topic and each noted important issues to staff: preserving large blocks of space for contiguous campuses; maintaining definitive boundaries between industrial and non-industrial space; revenue generating vs. non-revenue generating; updating the rezoning map for the long-term and March 7, 2006 Cupertino City Council Page 2 bringing a history for comparison; assigning risk to each decision and the impact it would have; getting rid of the housing overlay wherever possible. RECESS The Council was in recess from 6:35 p.m. to 6:48 p.m. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Richard Lowenthal called the meeting to order again in the Council Chamber and led the Pledge of Allegiance. CEREMONIAL MATTERS - PRESENT A TIONS - None POSTPONEMENTS City Attorney Charles Kilian noted that T-Mobile had requested that their item (number II) be remanded back to the Planning Commission. SandovallKwok moved and seconded to remand the item back to the Planning Commission with direction to staff to re-notice at that level. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted that a letter dated March 3, 2006, was received from Ron Walker regarding construction noise at Vallco. ORAL COMMUNICATIONS John James talked about drain issues on Lindy Lane coming from Moxley Drive. He gave some suggestions for how to solve the problem, and asked staff to solve the issue. He distributed pictures showing the water buildup. Public Works Director Ralph Qualls showed pictures of the drain issues on Lindy Lane. He said that the road would be re-graded and asphalt berms would be put in. He said that the improvements would solve nearly 100% of the issue, and would be finished sometime in the spring. Eric Huang said that his organization's booth application (NTDTV - New Tang Dynasty Television) was nearly rejected because of allocations that they were affiliated with a religious organization (Falun Gong). He noted that the practitioners of Falun Gong are persecuted and labeled as both political and religious. He showed pictures of past parades and said that the participants are without any religious connotation. He said that the organizers of the festival reinstated their booth participation, but that they weren't in time to participate in the parade. March 7, 2006 Cupertino City Council Page 3 Cathy Zhang with NTDTV also talked about the booth application to the Unity Parade. She noted that they are not a religious group, but a local language TV network that promotes traditional, Chinese culture. She asked the Council to take time to understand their media and its contribution to the community, and to spread information about their station. Mike Rohde, Vallco Fashion Park representative, gave an overview and update on the crane accident at Vallco. He said that no one was injured in the accident and said he appreciates the community's support. He noted that emergency procedures were activated, and the mall opened the next morning thanks to Cupertino Building Official. Greg Casteel and Deputy Fire Chief Dirk Mattern. As a result of the crane accident, he asked for a continuance of the condominium application that was scheduled for March 9. Mayor Lowenthal noted that the continuance would be taken up at the March 8 meeting since the item was not on tonight's agenda. George Hurley from DPR Construction talked about the Vallco crane accident. He said that every safety mechanism was put in place, and that the engineering team worked together to keep the mall as safe as possible. He said he sees no interruption to the November 17 date for the opening of the theaters. In response to Council's question, he said there is a complete forensic investigation going on to re-create the event. He noted that from now on, the boom would remain in the down position while at rest, to prevent this from happening in the future. Council asked to have the investigation results brought back. Patty Chi suggested that the crane should be lowered when not in use. CONSENT CALENDAR Sandoval/Wang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of items 7 and 8, which were pulled for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 2. Adopt resolutions accepting Accounts Pavable for February 17 and 24, Resolution Nos. 06-047 and 06-048. 3. Adopt a resolution accepting Payroll for February 24, Resolution No. 06-049. 4. Accept the Treasurer's Investment and Budget report for January 2006. 5. Authorize the Public Works Director to negotiate and execute a contract amendment with Professional Turf Management for interim maintenance at Blackberry Farm in an amount not to exceed $40,000.00. 6. Adopt a resolution approving improvement agreement with Gregg C. Bunker, 1375 S. De Anza Boulevard, APN 366-19-071, Resolution No. 06-050. March 7, 2006 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 7. Accept municipal improvements for Lynn M. Ching (Curb and Gutter, Driveway, Sidewalk, and Sewer), 10568 San Leandro Avenue, APN 357-05-029. (No documentation in packet). Wang/Sandoval moved and seconded to accept the improvements. The motion carried unanimously. 8. Approve the amendment to the Agreement for Professional Services with Greg Sellers Associates regarding Tax Equity Allocation (TEA) legislation. Sandoval/Mahoney moved and seconded to approve the amendment to the agreement. The motion carried unanimously. PUBLIC HEARINGS 9. Conduct the first of two public hearings to consider the City of Cupertino Communitv Development Block Grant (CDBG) Program draft Consolidated Plan. Senior Planner Vera Gil introduced Diana Elrod from D.R. Elrod and Associates who made a PowerPoint presentation regarding the consolidated plan. Council noted some inconsistencies in the Consolidated Plan document and asked staff to update the language, or cite the change in the language and note when it will be updated: · Numbers not matching in the analysis of population and households · Page 9-25 Implementation Program #11 is no longer Council policy · Page 9-28 date mentions 2004 · Page 9-27 Implementation Program # 19 needs to be updated · Page 9-24 Implementation Program #6 needs to have the BMR numbers updated · Page 9-23 Implementation Program #1 is not a Council policy · Page 9-15 - vacancy rates has conflicting language and needs updating · Page 9-22 Policy 3-1 needs to be updated Staff noted that the Housing Commission would update the document before the second public hearing, and staff would make sure the document is qualified properly in conjunction with the Housing Element. At 7:50 p.m. Mayor Lowenthal opened the hearing. No speakers were heard and the public hearing was closed. Council received the report, and continued this item to March 21, 2006, for a second public hearing. March 7, 2006 Cupertino City Council Page 5 10. Consider adopting a resolution ordering a vacation of an air rights easement for transit parking and station facilities within the City of Cupertino, Vallco Park adjacent to Interstate 280 and Wolfe Road, Resolution No. 06-051. (Continued from February 7). Public Works Director Ralph Qualls reviewed the staff report. At 7:51 p.m. Mayor Lowenthal opened the public hearing. No speakers were heard and the public hearing was closed. Kwok/Sandoval moved and seconded to adopt Resolution No. 06-051. The motion carried unanimously. II. Consider an appeal of the Plarming Commission's decision to deny a Use Permit to erect a 35-foot tall slim-line monopole with three panel antennas and an equipment shelter for wireless phone service, Application No.U-2005-14, William Stephens (T-Mobile), 20041 Bollinger Road, APN No. 369-34-052. This item was taken up under postponements. 12. Consider an appeal of TR-2006-01, a Community Development Director's Decision to deny the removal of two CanarY Island pine trees located along Alves Drive and Anton Way, in a plarmed residential development known as the Cupertino Commons, APN Nos: 326-53-025 and 326-53-035. The appellants are Nancy Hurtienne and Milton & Dorothy Levitan. Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Appellant Dorothy Levitan said she was concerned about the number of dry needles falling on her roof during the fall and winter, and that there have been two serious fires in her neighborhood. She said that removing the one tree wouldn't affect the character of the neighborhood as reported in the staff report. Appellant Nancy Hurtienne said that she is on the landscaping committee in her complex and knows about the trees on the property. She said the tree has many heavy pinecones that fall directly onto her property, and are dangerous. She asked Council to have the tree removed. At 8:10 p.m. Mayor Lowenthal opened the public hearing. Parks and Recreation Commissioner Jeanne Bradford, former president of the Homeowners Association of the Cupertino Commons, said that some of the trees in her area are inappropriately planted, and the issue is to give residents some remedy with large trees that were okay 20 years ago, but now are inappropriate. She suggested replacing the tree with something else. March 7, 2006 Cupertino City Council Page 6 Jennifer Griffin said that trees are important to Cupertino. If the tree is part of the landscape of the complex, then the ongoing maintenance of the tree is the Homeowners Association's responsibility. She said she hopes that mitigation measures could be done like putting collars on the trees or trimming back the tree. At 8:25 p.m. the public hearing was closed. Council discussed setting a precedent of people wanting to remove trees. Dolores Carson, Commons resident, said that this would not set a precedent and these are the only trees causing a problem. SandovallK wok moved and seconded to uphold the appeal and approve the tree removal request with the following specifications: I) When the trees are removed they will be replaced with 48-inch box trees, the species to be decided on between the Commons arborist and City staff; 2) The new trees become part of the approved landscaping plan. The motion carried unanimously. Council recessed from 8:37 p.m. to 8:47 p.m. UNFINISHED BUSINESS NEW BUSINESS 13. At the request of Council member Kwok, consider the Santa Clara Valley Water District's (SCVWD) proposal to become an independent agency from the County. (Continued from February 27). Council member Kwok reported that since 1968, the County has been overseeing the District, approving the budget and appointing two directors at large. The District has demonstrated that they are well managed under the current board of directors, and are seeking change in the legislation with AB 2435. He noted that the County Board of Supervisors have already approved the change, and the District is seeking support from the cities. SCVWD Chairman of the Board Larry Wilson asked for support for AB 2435. Kwok/Mahoney moved and seconded to support AB 2435. The motion carried unanimously. 14. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights for portions ofPhar Lap Drive, Resolution No. 06-052. Public Works Director Ralph Qualls reviewed the staff report. March 7, 2006 Cupertino City Council Page 7 Sandoval/Wang moved and seconded to adopt Resolution No. 06-052. The motion carried unanimously. 15. Request from the Cupertino Union School District (CUSD) to amend the eligibility requirements for the Below Market Rate (BMR) program to give CUSD teachers a point for working within the City of Cupertino limits, regardless of the city they are working in, as long as they are employed by CUSD. Senior Planner Vera Gil reviewed the staff report. CUSD representative William Bragg asked for Council support in allowing the extra point in order to obtain good teachers who can't afford to live in Cupertino. He said that currently CUSD couldn't guarantee that teachers who work for the school district will work in a Cupertino school. He noted, however, that the CUSD business office is located within Cupertino. Council discussed the possibility of a timeframe for having to transfer to a Cupertino school, and also discussed adding language regarding being eligible for another point if the person's primary business address is in Cupertino. Council concurred to send the item back to the Housing Commission and to come back to City Council on April 4. 16. Authorize the City Manager to execute a Professional Services Agreement with Lifetime Tennis. Parks and Recreation Director Therese Smith reviewed the staff report. Recreation Supervisor Don McCarthy answered questions from Council. Administrative Services Director Carol Atwood discussed financial issues, and answered questions from Council regarding the City's net profit from the agreement. Mahoney/Sandoval moved and seconded to authorize the City Manager to execute the agreement with terms outlined within the staff report. Wang offered a friendly amendment to keep 20% of the revenue up to $300,000 and 40% above $300,000. Kwok seconded the amendment. The amendment motion failed with Kwok and Wang voting yes. The original motion to authorize the agreement carried with Kwok and Wang voting no. The Mayor reordered the agenda to take up item number 19 next. 19. Authorize the transfer of $125.000 from the Sports Center Fund Balance to project account 570-9231 for swimming pool improvements. Parks and Recreation Director Therese Smith reviewed the staff report. March 7, 2006 Cupertino City Council Page 8 Kwok/Wang moved and seconded to authorize the transfer of $125,000 for swimming pool improvements. The motion carried unanimously. The Mayor reordered the agenda to take up item number 17 next. 17. Approve the Plarming Commission 2006 Work Program. City Plarmer Ciddy Wordell reviewed the staff report via a PowerPoint presentation. Jennifer Griffin said she has seen a number of street trees damaged during construction and urged Council to protect the trees. SandovallKwok moved and seconded to approve the Work Program with the following additions: 1) Amend the tree ordinance to protect trees during construction; 2) Merge the Planning Commission's study of obsolete research and development properties into the City Council's industrial building initiative. The motion carried unanimously. 18. Amend Chapters 16.28 (Fences) of the Cupertino Municipal Code, Application No. MCA-2005-01, City of Cupertino, Citywide. Conduct the first reading of Ordinance No. 1979: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal Code Related to Regulations Affecting Fences." Senior Plarmer Aki Honda reviewed the staff report via a PowerPoint presentation. Council directed staff to amend the ordinance before the second reading to: I) Take out language waiving the fence exception fees where applicants are requesting a higher residential fence without adjacent neighbor approval; 2) Not allow gates at the back of sidewalks along street frontages where security and safety reasons are not demonstrated. These items were discussed on page 18-6 of the staff report. The Deputy City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ORDINANCES March 7, 2006 Cupertino City Council Page 9 STAFF REPORTS 20. Report on the City's Fiscal Strategic Plan. (No documentation in packet). Council member Orrin Mahoney gave a report on the progress of the subcommittee. He said that he and Council member Kris Wang are making progress. He noted that the biggest issue is to put a risk assessment on the top 100 sales tax producers and to analyze how sensitive they are to risk. He said that they would be meeting again this week. COUNCIL REPORTS Dolly Sandoval gave an update regarding the Valley Transportation Authority's (VT A) expenditure plan and the possibility of putting a \I.,-cent sales tax on the November ballot. She said that the Board put together an ad hoc committee to look at the proposals and reprioritize the projects for different funding options. She noted that the Board didn't vote on the expenditure plan at its last meeting and doesn't plan on putting any tax measure on the ballot in the near future. The ad hoc committee will report back to the Board in about two months with a definitive action. Council members discussed protocol regarding approving contract agreements. ADJOURNMENT At 11:26 p.m. the meeting was adjourned to Wednesdav. March 8 at 6:00 p.m. to discuss the Tavlor Woodrow Homes application. ~~iJt- 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 & Minutes/ City Council! 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 Charmel,777-2364.