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CC 04-07-09APPROVED DrIINUTES C O P E RT I N O CUPERTINO CITY COUNCIL Regular Adjour~led Meeting Tuesday, Apri17, 2009 PLEDGE OF ALLEGIANCE At 5:05 p.m., Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and leci the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong (5:07 p.m. - 9:20 p.m.). Absent: none. PUBLIC HEARING 1. Consider Heart of the City Specific plan ~unendments to achieve conformance with the General Plan and to update the Heart of the Ci , plan, Application Nos. SPA-2008-01 Heart of the City, City of Cupertino, Stevens Creek Boulevard between Highway 85 and the Eastern city limit (Continued from February 3). Senior Planner Aki Honda-Snelling distributed four amended documents: A new staff report explaining changes in the draft plan due to Council comments; an amended draft copy of the City Conceptual Plan; a new color boundary map; and an update to page 25 of The Specific Plan. She reviewed the staff report using a Pow~~rPoint presentation, and explained the color- coded text in the document: Blue text is fo:r items that City Council accepted on February 3; red text is for items in the draft report. that needed further Council discussion; and purpose text is for new language added by staff for clarification. Discussion followed regarding the docume:nt's name change. Staff explained that if the document is called the Heart of the City Specific Plan, then it must comply with the City's General Plan. Changes made to the text by Council, to make it less redundant and easier to read, took out some of the requireci language, so the document is now named the Heart of the City Conceptual Plan and should be adopted by ordinance. Or, Council could choose to add back in the language neces;~ary to match the General Plan, and then the document would remain a Specific Plan. City Attorney Carol Korade noted that Conceptual Plan would be only a policy document until it is adopted by ordinance. After that, either of the documents would have equal legal significance. She said that the advantage of a conceptual plan is that it would be a part of the zoning ordinance, whereas a spe~:ific plan has general law authority. April 7, 2009 Cupertino City Council Page 2 Norm Hackford said that he has been following the Cupertino Crossroads plan since 2003, including circulating a petition agai~ist the plan six years ago. He noted that the City Council at that time stated that the plan would not be approved and a thorough public review would be conducted. He raid that residents have not had a chance to review the complete plan, which includes items of community concern such as high buildings blocking views. Mr. Hackford said that this should be a separate action and not part of the general plan. Darrel Lum said that the purpose of this item was to update the Heart of the City and adopt changes into the General Plan, but after eight meetings and several drafts later, it is still very incomplete with much more work. to be done. He noted that other communities have been trying to replicate what Cupertino has been doing for 12 years, but now Cupertino is retreating from the original vision and going in the direction of a Santana Row. He said Cupertino should be in fore~Pront, and urged Council to use the good ideas for a successful plan with character. Michael Gottwald said that it is wrong. to build tall buildings on Stevens Creek Boulevard. He stated that people want parkas, open space and bookstores. Mayor Mahoney clarified that nothing has changed in the Heart of the City to change heights or setbacks. Virginia Tamblyn distributed a letter to Council regarding lifestyle concerns for her and her neighbors, including the Crossroads streetscape, building setbacks and noise from businesses impacting residential areas. She suggested that there be more restrictive planning for businesses regarding where to put compressors. Keith Murphy said he has been trying to follow the Heart of the City plan for a year, but with so many revisions and last minute changes it is confusing. He said his main concern is how residents can follow and understand all of the changes. Jennifer Griffin said she is concerned with the tall buildings proposed along the Stevens Creek corridor. She said she is pleased witr~ the Sand Hill property plans and believes that it should be the same all along Stevens Cref;k Boulevard. Robert McKibbin said he is concerned about the process and proposed changes conforming Heart of the City to the General Plan because it is too hard for residents to follow. He urged Council to simplify the process so residents can follow it. Tom Hugunin said that Cupertino has a sf~ecific plan. Conceptually, the specific plan is missing things, specifically the minimum setback for residential areas and commercial and truck noise. He said that the Heart of the City plan should include minor changes to conform to the General Plan. He noted th~it it is important for the public to review this plan and it is very difficult when the draft copy distributed at the last minute is different from the copy on the web. Apri17, 2009 Cupertino City Council Page 3 Bern Steves said that the Heart of the City elan needs to include visual aids so people can understand what is happening, and to articulate about what is wanted. Ken Hoffman said that he hopes the Council will accept community input on the Heart of the City plan. He said that Cupertino needs apro-business street without problems that can later develop if the agreed-upon plan is~i't followed. A series of straw votes were taken on questions raised by Mayor Mahoney, as follows: 1. Should the Heart of the City docwnent be more reflective to today's standards, and therefore do more than just co~ifirm to the current General Plan? The straw vote results showed that Wang and Mahoney were in favor, and Sandoval, Santoro, and Wong were opposed. 2. Do the Council members agree that they do not foresee changes in the plan which would result in increased density, ]leight, or setback? Council members agreed unanimously that they did not anticipate any increases in those items. 3. Do the Council members agree th~it there will be no significant changes in the Crossroads area of the city? Council members agreed unanimously that there would be no changes. Further discussion followed, and it was agreed that the final document should be amended as necessary to qualify it as a Specific Plan. Sandoval moved to defer this item to May.>, to allow staff to include additional language, and on May 5 the City Council can discuss the document on almost apage-by-page basis, decide whether to keep the changes, and whether those changes would be in compliance with the General Plan. Council member Santoro suggested removing the purple text regarding the Crossroads section. Sandoval amended her motion tc~ reflect that change, and Wong seconded the motion, which carried with Santoro and Wang voting no. RECESS The Council recessed from 7:12 p.m. to 7:30 p.m. CLOSED SESSION 2. Report from Closed Session of March 24, 2009, regarding the City Manager's evaluation. Mayor Mahoney reported that no action wa;~ taken at that meeting. Apri17, 2009 Cupertino City Council Page 4 CEREMONIAL MATTERS -PRESENTATIONS 3. The City of Cupertino recognized Naomi Nakano-Matsumoto for being selected as the 11th State Senate District's Woman of they Year by State Senator Joe Simitian (D-Palo Alto). Mayor Mahoney presented the proclamatio n to Ms. Nakano-Matsumoto, who is currently the Executive Director of the West Valley Community Services (WVCS). She said that she was honored to receive the recognition, as well as to work for West Valley Community Services which provides housing and family support services. She said that it is the organization's great partnership with the City and other civic organizations like the Cupertino Rotary Club that enable them to serve Cupertino residents. Council member Sandoval reminded the I>ublic that more information about WVCS is available on the web at www.wvcommunit~~services.or~. POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Item No. 1 (Heart of the City Specific Plan) • Memo from the Community Development Director regarding approval options and review process • Emails from Virginia Tamblyn, Keith Murphy, and Ned & Rusty Britt Item No. 12 (Villagio mixed use development) • PowerPoint presentation from staff Item No. 13 (off-leash dogs) • Supplemental information to the staff report • PowerPoint presentation from staff • Corrected page 5 of the staff report -new figure shown in red • 11 emails from residents (4 in support, 7 opposed) ORAL COMMUNICATIONS Ruby Elbogen announced the debut issue of a ne:w print magazine called "The C", Cupertino news covering the Heart of Silicon Valley, of ~,vhich she is the editor and publisher. She provided copies of the first issue to each of the Colmcil members. Apri17, 2009 Cupertino City Council Page 5 CONSENT CALENDAR Sandoval moved and Wong seconded to apprc-ve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 4. Approve the minutes from the March 17 an~3 March 24 City Council meetings. 5. Adopt resolutions accepting Accounts Pay~~ble for March 6, 13 and 20, Resolution Nos. 09-046 through 09-048. 6. Adopt a resolution accepting P~ for M~~rch 20, Resolution No. 09-049. 7. Accept the Treasurer's Investment and B~.~d eg t Report for February 2009, including a report on General Fund Revenues and Expenditures. 8. Adopt a resolution approving the destruction of records from the City Clerk and Human Resource Departments, Resolution No. 09-050. 9. Accept an application for an Alcoholic Beverage License for Fortune Garden (formerly Lucy's Cafe), 21670 Stevens Creek Blvd., On-Sale Beer and Wine for Bona Fide Public Eating Place (41) and Temporary Retail Permit -only in conjunction with aPerson-to- Person transfer (30). 10. Accept municipal improvements, Granada Avenue Property, LLC, 21891 Granada Avenue, APN 3 5 7-16-019. The applicant has completed City-specified improvements in the City right-of--way including utility service, curb & gutter, driveway approach and sidewalk work as required by the improvement agreement with the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None PUBLIC HEARINGS 11. Consider adopting a resolution approving the 2009-10 fee schedule, Resolution No. 09- 051.(Staff suggests Council delay this item until after item No. 13). Administrative Services Director Carol Atwood reviewed the staff report stating that fees overall were raised by the cost of living inc;rease of 3.5%. Senior Building Official Greg Casteel reviewed the building fees that were increased more or less than 3.5% to reflect actual staff effort for these services. Council directed staff to provide more information on housing mitigation in-lieu fees as well as photovoltaic system fees. April 7, 2009 Cupertino City Council Page 6 Sandoval moved and Wong seconded to adopt Resolution No. 09-051 approving the fee schedule. The motion carried unanimousl}~. 12. Consider modification to an existing Use Permit (U-2002-06) to amend the conditions to allow specialized tutorial or studio uses, rind the amount of office/retail uses along De Anza Boulevard. Includes a reassessment of the shared parking arrangement within the parking structure, Application No. M-2009-01, Tenny Tsai (Civic Center, LLC), 20050 Town Center Lane, APNs: 369-55-082 and 369-55-083. Senior Planner Colin Jung reviewed the staff report. Applicant Tenny Tsai said she had gone to a meeting of the homeowners association and all those present were in favor of the prof~osed modification. She said that removing or changing Restrictions B, C and D to allow mixed-use retail /non-retail would allow the complex to increase the amount of leasE~d space from the current 46%, and would complement current tenants, and ease the financial hardship of extended vacancies. She asked for at least a compromise of percentages of retail/non-retail space. Robert Marchant showed a photograph of r~is building, which is across the street from the subject property. He discussed the parking difficulties on this site and said that he has been forced to have cars towed on more than one occasion. He said there needed to be better signage where there is sheltered parking, and in that case he was in favor of the modified use permit. He added that the tenants are welcome to use the commercial parking spaces after business hours. Santoro moved and Wong seconded to amend Condition 1 D as shown in the staff report to allow up to 50% occupancy of schools, dance and music studios, gymnasiums, health clubs, and similar businesses along Town Center Lane, excluding the two building corners. The motion carried with Sandoval voting no, since the change did not include the portion on the corner of South Deanza Boulevard. At 9:20 p.m. Gilbert Wong was absent due to illne:;s. RECESS -Council recessed from 9:20 p.m. to 9:25 p.m. UNFINISHED BUSINESS -None NEW BUSINESS 13. Consider the following actions for creating; off-leash areas for dons in parks including, but not limited to: a) Create a citizen group to work with city staff for site identification and usage plan for anoff-leash dog area in a city park. This could be a fenced or unfenced area. The citizen group would gather park users' support, assist with fundraising, conduct a 6- month trial period, assist with ongoing; housekeeping, and monitor behavior in area April 7, 2009 Cupertino City Council Page 7 b) Amend the City's 2009-10 fee schedule increasing the annual dog license fee by $11.00 (from $15 to $26) for Cupertino residents c) Authorize City staff to produce a community education about dog laws, fines, and safety d) Authorize City staff to discuss with tree County of Santa Clara Parks and Recreation the possibility of constructing a dog„p;~rk at Stevens Creek County Park e) Conduct the first reading of Ordina~zce No. 09-2041: An Ordinance of the City Council of the City of Cupertino amending Sections 8.01.030 (Animals Running at Large), 8.01.130 (Public Nuisance), and 8.03.010 (Restraint of Dogs) of the Cupertino Municipal Code by addin€; the following: Any person who violates this section shall be guilty of an infra~~tion and upon conviction thereof shall be punished as provided in Chapter 1.12 f) Amend the City's Bail Schedule reducing the fine for dogs off- leash and public nuisance to from $100 to $50 The City Clerk distributed supplementa], staff report items, a copy of the staff's PowerPoint presentation, and a corrected page 5 of the staff report correcting a dollar amount to $246 if fines were reduced by half. The City Clerk also distributed correspondence received from residents on the day of the meeting. In favor of off-leash parks were the Fochtman family, Don an~i Arlene Rosenbaum, and Eleanor Dickman. Opposed to off-leash parks were Roger Raynal, K.K. Sreepathy, Jing Liu, Connie Chun, Adwait Sathye, and an email from a Cupertino resident (no name given). Parks and Recreation Director Mark Linder gave a PowerPoint presentation reviewing the staff report and recommendations. The following individuals spoke in favor o:F an off-leash area. Their comments included: (1) Off-leash areas in parks could be create~~ in areas or at times of the day when the park is underutilized, they can be restricted to a :mall corner of a park, and residents can avoid those times, resulting in fewer confrontations. Also, management and enforcement may actually be easier since off-leash dogs will be a restricted location; (2) Few complaints about dogs in Hoover Park were received until the discussions began about a potential off-leash area, and then someone began esc~rlating a series of complaints up to the Sheriff; (3) Off-leash fines should be reduced and the penalty reduced from a misdemeanor to an infraction; (4) All Cupertino residents pay to use the parks, including the dog owners, but much of the open space is now taken up v~~ith organized sports leaving very few options for dog owners to exercise their animals; (5) Suggestions were offered for providing more information on the City website about th~~ benefits of licensing, as well as providing education about interactions between people and pets; (6) Off-leash areas can help to Apri17, 2009 Cupertino City Council Page 8 build community among the park users, and socialized dogs are less aggressive; (7) Portland has a similar population and density to that of Cupertino, and they have a successful program that includes 5 fenced ;parks and 32 off-leash areas, with the smallest park being just over 2 acres; (8) The first :;tep would be a trial period, so changes can be made as necessary. Eric Wilson Don Krenn Clark Wilson Vivian Hu Tmima Koren Angela Chu Mike Hsu Joseph Kliger Charlie Hanson Barbara Black James Black Carol Miller (distributed handouts regarding Jhyfang Hu off-leash parks, etiquette in Portland) Seema Lindskog Betsy Dougherty (submitted a petition of 38 Stanley Tseng separate pages/signatures) Stuart Chessen The following individuals were opposed to an off-leash dog area. Their comments included: (1) Many dogs are unlicensed acid unvaccinated, and pose a danger to people and other dogs; (2) At Hoover Park, therE; are ongoing problems with aggressive dogs who have been frightening people, as well as ongoing problems from people who do not clean up after their pets; (3) There were concerns about the staff's presentation, research, and recommendation. Some people felt that the process has been biased and inaccurate, and the simplistic questions and answers did not address the complexity of the issue; (4) Children and the elderly are easily intimidated, and their fears should not be disregarded. In particular, children are particularly vulnerable and can be traumatized by intimidation or a dog bite. Children with severe allergies may be especially at risk if they are bitten and need shots; (5) There is no explanation of how the off-leash hours will be monitored or enforced, or who would be responsible for repairing holes or cleaning up dog waste. Judy Harrison Runping Qi David Fung Megna Jain Elizabeth Larson Anjali Srivastava Premika Ratnam Urna Roy The following individuals spoke in oppo:~ition to off-leash areas, but would consider supporting a fenced dog park. Their comments included: (1) It is important that the dog park be put in a suitable area, and Portland's criteria should be included in the City's final criteria; (2) It doesn't make sense to reduce fines, too many concessions are already being made; (3) A fenced dog park away from cl-~ildren and seniors is the only way to solve the problem for both sides of the issue. Noel Eberhardt Ron Roberts David Klinger Vijaya Gallagher Marion Abney Don Phillips Ardith West said that pets are welcome only when safety is guaranteed, and that can only happen when the dog is on leash. She was opposed to any dog parks in Cupertino, and suggested that instead a dog park be placed. on County property near Stevens Creek Park, where it can be open more hours during the day and on weekends when the City parks are the busiest. Elizabeth Larson said she lives near Hoover Park, and people do not pick up after their dogs at that location. The public hearing was closed at 11:30 p.m. Sandoval moved and Santoro seconded to: (1) Adopt staff recommendation A, striking the third paragraph, to read as follows: Create a citizen group to work with City staff for site identification and usage plan for anoff=leash dog area in a City park. This could be a fenced or unfenced area; ~'" ^ m°~a *'~° ~'~*~~'~ ~nn~ , n ~ o ~,.~,ea„io : o +~o „ ,,,i a,.,, t:,.o.,~o ~ o t,.. Q i , nn ~~ ,.,.., e, c *„ Q- (2) Authorize • - , City staff to produce community education about dog laws, fines, and safety; (3) Authorize City staff to discuss with the Cc-unty of Santa Clara Parks and Recreation the possibility of constructing a dog park at Stevens Creek County Park; and (4) All items to come back before the City Council only, -lot the parks and Recreation Commission, to reduce the amount of time and meetings a~;sociated with this project. The motion carried with Wong absent. Sandoval moved and Santoro seconded to amend the City's bail schedule reducing the fine for off-leash dogs and public nuisance: from $100 to $75. The motion carried with Wong absent and Wang voting no because she did not think it was an urgent matter that needed to be settled this evening. The City Clerk read the title of the ordinance. Sandoval moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sand~~val, Santoro, and Wang. Noes: None. Absent: Wong. 14. Authorize the City Manager to negotiate and execute a contract with KaBoom! Inc. for the construction of a pla ry_g. ound at Blackberry Farm on June 6, 2009. Sandoval moved and Wang seconded to authorize the City Manager to negotiate and execute the contract. The motion carried ur-animously. 15. Set an interview date for one unscheduled vacancy on the Housing Commission. (Staff recommends Apri121 beginning at 6:00 p.m.) Council concurred to conduct the interviews on Tuesday, April 21 at 4:30 p.m. in Conference Room A, followed by two clc-sed sessions. The regular meeting will take place in the Community Hall at 6:45 p.m. Apri17, 2009 Cupertino City Council Page 10 ORDINANCES 16. Conduct the second reading and adopt Ordinance No. 09-2039: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.28: Single-Family Residential R1 zones of the Cupertino Municipal Code regarding the allowed ratio of second floor building area compared to the first floor tuilding area, second story exposed wall rule, second story setback surcharge, clarification regarding gardening activity and minor language clean up to improve readability of'the document." Jennifer Griffin said that the R1 changes to building codes to allow bigger second stories on homes will result in overbuilding. She said that the "wedding cake" style that has evolved is an excellent solution for small lots. Wang moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, and Wang. Noes: None. Absent: V~Jong Wang moved and Santoro seconded to en,~ct Ordinance No. 09-2039. Ayes: Mahoney, Sandoval, Santoro, and Wang. Noes: None. Absent: Wong STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 12:27 p.m., the meeting was adjourned to Tuesday, Apri121 at 4:30 for Housing Commission interviews, to be followed by two closed sessions. The 4:30 p.m. portion of the meeting will be in Conference Room A, 10300 Torre Avenue, acid will be followed by the regular 6:45 p.m. meeting in the Community Hall Council Chambers, 10350 Torre Avenue. - ~~ Kimberly Smith, ity Clerk 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 Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or~ ,then click Online Services and Watch City Meetings. Videotapes are available at the Cu~~ertino Library, or may be purchased from the Cupertino City Channel, 777-2364.