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CC 10-01-01APPROVED PdINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, October 1, 2001 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra .fames, Vice-Mayor Richard Lowenthal, and Council members Don Burnett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, Senior Planner Vera Gil, Senior Planner Colin Jung, City Attorney Charles Kilian, and City Clerk Kimberly :imith. CEREMONIAL MATTERS - PRESENTATIOL~TS 1. Proclamation for Ann Anger in recognition of her contribution to the quality of life in the Monta Vista neighborhood. Mayor James presented the proclamation to Ann Anger. Ms. Anger responded that she was proud of the accomplishments in helping to make the Monta Vista neighborhood a good place to :live and thanked Council for recognizing her. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Lyman Black, 10338 Scenic Blvd., spoke as a neighborhood representative regarding the Stevens Creek Trail. He reviewed a handout and petition., which requested Council to direct the Task Force to study alternate routes for particular areas of the trail. Council said that they could take no action at the meeting but would pass the information on to staff for review. October 1, 2001 Cupertino City Council Page 2 Ed Hirshfield, 734 Stendhal Lane, spoke in support of the renovation of the Cupertino Sports Center as long as it is consistent with the current use pattern and level of service. He spoke in opposition to constructing a skate park at the Sports Center. Marc Auerbach, 18860 Barnhart Avenue, spoke about the Mid-Peninsula Regional Open Space District. He handed out photos and a sample resolution of support for federal funding for cleanup of Mount Umunhum. He asked Council to support this resolution. Council concurred to put this item on the agenda for the next regular meeting. CONSENT CALENDAR Lowenthal moved to approve the items on the <:onsent Calendar as recommended, with the exception of Nos. 2 and 6, which were pulled for discussion. Chang seconded and the motion carried 4-O. 3. Accounts Payable, September 14 and 21, Resolution Nos. O 1-216 and O 1-209. Resolution No. 01-208 has been changed to Resolution No. 01-216. 4. Payroll, September 28, Resolution No. 01-2.10. 5. Adopt the Conflict of Interest Code for oi-ficials and designated employees, Resolution No. 01-211. Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approval of minutes, August 21 and September 17. Lowenthal clarified that the minutes of September 17, page number 2-6, item No. 9 should be corrected to read, "Lowenthal seconded and the motion carried 4-O." Lowenthal moved to approve the minutes of August 2 ] as presented and September 17 as amended. Burnett seconded and the motion carried 4-O. 6. Improvement Agreement, Approving Final Map, and Improvement Plans, Stevens Creek Investors, Inc. a California Corporation (Tra Vigne Village and Plaza), APN 316-21-029, Resolution No. 01-212. October 1, 2001 Cupertino City Council Page 3 Robert Levy, 10802 Wilkinson Avenue, asked how the park fees are used. Public Works Director Ralph Qualls explained that the park fee is based on a state law, which enables local governments to assess residential developments for parkland dedication. He said that the intent is to provide for the dedication of property and that the developer pays a certain amount of money per unit. He said that the money is put into a fund, to acquire, develop or renew park property and must be spent near the development that the money would serve. Lowenthal moved to adopt Resolution No. 01-212. Burnett seconded and the motion carried 4-O. PUBLIC HEARINGS 7. Authorize the issuance oftax-exempt multi-family housing revenue bonds in the principal amount not to exceed $1.6 million and approve a loan of bond proceeds to Cupertino Community Services (CCS), Resolution No. O1- 213 and further include: a) Approve in substantially final form the Indenture of Trust, Loan Agreement and Regulatory Agreement, and Declaration of Restrictive Covenants b) Authorize the designation of E. Wagner and Associates as financial advisor and Quint and Thimmig LLP as bond counsel c) Authorize the City Manager to execute and deliver these and other related documents as necessary Administrative Services Director Carol Atwood reviewed the staff report. Mayor James opened the public hearing. There were no speakers and the public hearing was closed. Lowenthal moved to adopt Resolution No. 01-213. Chang seconded and the motion carried 4-O. Appeal of Planning Commission approval of Application No. 14-ASA-O1, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment buildinl; at Lot 1, Tract 7953, Cupertino City Center (APN 369-01-029). The applicant is the Stevens Creek Apartments (Verona). The appeal was filed by Councilmember Don Burnett. Burnett moved to continue the appeal to October 15, 2001. Lowenthal seconded and the motion carried 4-O. 9. Approve use permit to construct 9 single faanily townhomes on an approximately one acre parcel and rezoning of an approximately one acre parcel from R 1-1 O to P(Res); and approve a tentative map to subdivide an apIroximately one acre parcel into nine parcels October 1, 2001 Cupertino City Council Page 4 for a townhome development; Application Numbers: 08-U-O1, 06-Z-O1, 03-TM-O1, 14- EA-O1; R8LZ Development. The project is located at 20075 De Palma Lane; APN 369- 32-003. A Negative Declaration is recommended, and this item is recommended for approval. A. First reading of Ordinance No. 1887: "An Ordinance of the City Council of the City of Cupertino Rezoning a 1.04-Acre Lot from R1-10 to P(Res) to Allow 9 Single-Family Townhouses Located at 20075 De Palma Lane." Senior Planner Colin Jung reviewed the staff report. The following people spoke in opposition to the project: Lucy Lieu, 20172 Rodrigues Avenue Rex Tsu, 20212 Rodrigues Avenue Dan O'Keefe, San Clemente, CA Vicky Yutronic, 20162 Rodrigues Avenue Tony Fong, 20182 Rodrigues Avenue Marie Gatto, 20072 Rodrigues Avenue Their comments included concerns about density, traffic, cutting through private property with a public pedestrian walkway, rezoning issues, and that the design is incongruous with existing development. Glenn Calhoon, the designer of the project, spoke in favor of the project. He reviewed the design in further detail. Chang said he thought the project was too dense and that constructing one or two units less would be more balanced with the existing houses. He said he wouldn't support the project as currently presented. Burnett said that the density in the design was high, but that there is a housing need. He said that the design was harmonious with the existing houses and that he would support the project. Lowenthal agreed that the project was denser but that it was a graduated density. He said he liked the trail. He also said that Cupertino residents want affordable housing and this is one way of achieving that. He said he supported the project with some reservations. James asked about rezoning requirements for the project. Jung explained that the current zoning of R1-10 would allow asingle-family house on a 10,000 square foot lot, which is inconsistent with the General Plan designation. The zone change would bring the project into conformance with the General Plan. October 1, 2001 Cupertino City Council Page 5 James said that one benefit of the proposed development is that the houses are for sale. She said that she would like staff to work with the applicant and bring back a design that everyone could agree with. Council agreed to continue this item to allo~,v more discussion between the applicant and staff to find a workable solution. Chang moved to continue the item to November 19, 2001. Burnett seconded and the motion carried 4-O. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 1 O. Tentative map to subdivide a 4.15-acre parcel into 56 lots and common areas fora 56-unit town home development (public hearings for use permit and zoning were previously scheduled). Application Number: 02-TM-O1 (06-EA-O1). The applicant is Summerhill Homes and the project is located at 10120 Imperial Avenue. A Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Vera Gil reviewed the staff report. Mayor James was absent from the Council ~~hambers. Community Development Director Steve Pi asecki explained that the applicant, Summerhill Homes, was not involved with the project anymore. He said that the property owner still wanted to pursue the development with the consent of the applicant, and would probably look for another residential developer to build the project. He said this tentative map was the final step needed to move forward in the process. If any changes were made to the design then the applicant would need to go through the entire planning process again. Alan Chamorro, the property owner representative, said that they are committed to move forward with the project as is. Mayor James re-entered the Council Chambers. Lowenthal moved to approve the application. Chang seconded and the motion carried 3-O with Mayor James abstaining. Burnett moved to approve the negative declaration. Chang seconded and the motion carried 3-O with Mayor James abstaining because she had not been present for the discussion. October 1, 2001 Cupertino City Council Page 6 1 1. Approve amendment to ground lease between Santa Clara County Central Fire Protection District and the City of Cupertino, Resolution No. 01-214. Senior Planner Vera Gil reviewed the staff report. Lowenthal moved to adopt Resolution No. O 1-214. Chang seconded and motion carried 4-O. 12. Approval of Assignment and Assumption Agreement, Loan Agreement, Regulatory Agreement, Deed of Trust and Promissory Note for Cupertino Community Services' Heart of Cupertino development, Resolutionx No. 01-215. Senior Planner Vera Gil reviewed the staff report. She said that the resolution should be amended to reflect the addition of the Subordination Agreement as well. Jaclyn Fabre, Executive Director of Cupertino Community Services, thanked the Council, staff, Cupertino National Bank and community donors. She said that the groundbreaking ceremony would be October 25 at 1 1 :00 a.ni. at the development site. Council members expressed their appreciation to staff and all involved. Lowenthal moved to adopt Resolution No. 01-215. Chang seconded and the motion carried 4-O. 13. First reading of Ordinance No. 1888: "An Ordinance of the City Council of the City of Cupertino Extending the Utility Users Exci:~e Tax for a period of Fifteen Years and Ordering the Submission of a Proposition Therefore to the Electorate of the City." City Attorney Charles Kilian reviewed the staff report. Burnett noted that the utility tax revenues p,~y for about half of the debt service for Creekside Park. James added that this tax also helps to fund the new library. The City Clerk read the title of the ordinance. Burnett moved that Ordinance 1888 be react by title only and that the City Clerk's reading constitute the first reading thereof. Chang seconded and the motion carried 4-O. 14. Consider cancellation of regular meeting of Monday, November 5, 2001. Lowenthal moved to cancel the regular meeting of Monday, November 5, 2001. Chang seconded and the motion carried 4-O. October 1, 2001 Cupertino City Council Page 7 ORDINANCES 15. Second reading of Ordinance No. 1886: "An Ordinance of the City of Cupertino, Amending Title 1, 5, 8, 1 O, 1 1, 13, 14, 16, ] 7 and 19 of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforming the Provisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying old Provisions with New Language, and Consolidating and Streamlining Various Provisions." The subject matter of the titles to be amended include: general provisions; business licenses and regulations; animals; public peace, safety and morals; vehicles and traffic; parks; streets, sidewalks, and landscaping; buildings and construction; signs; smoking; zoning. The City Clerk read the title of the ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion carried 4-O. Burnett moved and Lowenthal seconded to enact Ordinance No. 1886. The motion carried 4-O. STAFF REPORTS COUNCIL REPORTS Burnett said that on October 13 he would attend a Smart Growth workshop sponsored by ABAG, the Air District and the Congestion Management E~gency. He said that they would be looking at alternative scenarios for future development and changes in density and uses in the county, as well as considering the impact of the jobs housing imbalance and traffic. He also talked about the student visitors from Cupertino's Sister City Toyol~:awa. He said they raised almost $4000, which was forwarded to New York for help with the relief efforts associated with the terrorist attack of September 11. Chang thanked staff for their support in community events, including the Cupertino Community Services (CCS) barbecue, the Oktoberfest and the; Moon Festival. He also said he thought the Cinema at Sundown program was very successful. Lowenthal said he attended the Silicon Valley N[anufacturing Groups Projection 2001, which considered the issues that help or hinder a vibrant economy in Silicon Valley. He said that affordability of life in the valley is the main issue. He attended Jim Bell's County Housing Task Force. He also attended the Moon Festival and save lots of diversity in the people in attendance. He mentioned an animal cruelty incident in which the Animal Control Authority asked for full prosecution to the full extent of the law. He said he attended the skate park meeting and new October 1, 2001 Cupertino City Council Page 8 ideas continue to be raised. He commented on the: Monta Vista High School parking issue and complemented the school in the steps they were taking to solve the problem. James said she met with Superintendent Joe Hamilton from the high school district to set up a collaboration meeting between the City and the schools. She said the Moon Festival was great and she acknowledged Public Information Officer Rick Kitson for his part. She mentioned the opening of the new store, McWhorters and Youn;~, and commended them for their community involvement. She said she met with supervisor Lip: Kniss and they talked about issues involving the City and the County, such as annexation issues, and said that the County has decided to have the County R-1 ordinances complement the City's R-1 ordinances. James said City Manager David Knapp and she met with the Sheriff s Dep~u-tment to strategize the Teen Summit, which will be October 29 from 5-9 p.m. at the Cupertino Senior Center. She said she attended a presentation of the Chinese American Disaster Fiend and the Cupertino firefighters in which a check for $40,000 was presented and will be sent to the fire department in New York City. She said the skate park meeting was successful and other alternatives were discussed. She mentioned the City was sponsoring a barbecue, "Cupertino C;~res" in honor of those who died in the World Trade Center attack of September 1 1. CLOSED SESSION -None ADJOURNMENT At 8:30 p.m. the meeting was adjourned to a Community Congress on October 5 at 1:00 p.m., at the Quinlan Community Center. Kimberly Smith, City Clerk