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CC 04-21-97 CC-943 MINUTES Cupertino City Council Regular Meeting April 21,1997 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Bautista called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor John Bautista, Vice-Mayor Lauralee Sorensen, Councilmembers Don BurneR, Michael Chang, and Wally Dean. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bautista introduced Papia Bannerjee from Los Altos Garbage Company, who explained that this was their third mmo~l poster contest for students. The theme was the "World of Recycling." Mayor Baufista presented certificates to the winners from each grade. Mayor Baufista introduced Para Ledesma from the city's environmental department and congratulated staff for receiving the Susanne Wilson Award. Ms. Ledesma said this is a competitive award for the City's creek education program that teaches third grade students about how to keep the creek healthy. This year 1,120 children will have participated. She thanked the other agencies which made the program possible. POSTPONEMENTS None. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. lprll ~ll, 1007 Cupertino City Council Page ~l CONSENT CALENDAR Sorensen moved approval of the items on the Consent Calendar, as presented. Chang seconded and the motion carded 5-0. 1. Resolution No. 9821: Accounts Payable, March 28, 1997. 2. Resolution No. 9822: Accounts Payable, April 4, 1997. 3. Resolution No. 9823: Accounts Payable, April 11, 1997 4. Resolution No. 9824: Payroll, April 4, 1997. 5. Approval of minutes of April 7, 1997, regular meeting. 6. Request fxom Cupertino Lions Club for waiver of use fees for two annual fundraising events: "Wild Game Feed", June 5, 1997, and "Chicken, Corn, and Sausage Feed, August 21, 1997. 7. Resolution No. 9825: Authorizing execution of improvement agreement with Bahador Askarinam, 10496 Byme Avenue. -- 8. Resolution No. 9826: Opposing "Government Cost Savings and Taxpayers Protection Amendment." Vote Councilmembers Ayes: Bautista, Bumett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARINGS The Community Developmem Director reviewed the staff report on these items. He explained that these were all policy decisions already made by the City Council, and action taken tonight will formally change the General Plan to reflect those decisions. 9. General Plan amendments to land use and implementation, land use designation, housing, -.- and building height elements. The projects are located citywide. Environmental Determination: The Planning Commission recommends the granting of negative declarations. Recommended for approval. April 9l, 1007 Cup~ino Gty C~oundl Page 3 R~lufion No. 9827: Approve Gen~ PI~ ~en~en~. (a) Appli~afio~ 1-GPA-97 ~d 1-EA-97 - Ci~ of Cup~o - ~n~ PI~ ~gn~nt to l~d ~ ~d impl~monmfion ol~m~n~ glatod to ~ long-~ ~ bo~. Applications 2-GPA-97, 1-Z-97 ~d 2-EA-97 - Ci~ of Cupg~o - Gen~ PI~ ~~t to ~end ~o Gen~ PI~ l~d ~ d~si~fion ~om m~-High Donsi~ Rosidgnfi~ 10-20 dwelling ~ts p~ ~oss ~r~ to Low D~si~ Rgsidenfi~ 1-5 dw~ll~g ~ts p~r ~oss ~re. ~ project is located at 22371 Cu~o Ro~. (c) Applications 3-GPA-97 ~d 3-EA-97 - Ci~ of Cu~no - Gene~ PI~ ~en~ent to ~e Homing Elem~t gla~ to ~e hous~g mitigation req~mments, ~d comid~afion of m~siom to ~e Homing Mitigation M~nal. (d) Application 4-GPA-97 ~d 8-EA-97 - S~II Pmpe~es (T~dem), ~en~ent m ~m hei~t ~lowed by Gener~ PI~ for hotel west of Wolfe Ro~. Subject pro~ is loca~d at 10741 No~ Wolfe Road ~d 19590 Pm~dge Avenue. (e) Applications 6-GPA-97 and 10-EA-97 - City of Cupertino - General Plan - Amendment to delete the requirement to develop residential development at the upper limit of the dwelling unit density range (Policy 2-13, Strategy 2; Policy 3- 1). Mr. Robert Hawn, representing the Greenbelt Alliance, said his letter in the council packet expressed their support for the urban growth boundary. He said it is important to perpetuate the element of certainty that the city has enjoyed, and this is an opportunity for Cupertino to exercise regional leadership. Mr. Will Betchart, 17050 Montebello Road, said he had sent a letter in February requesting additional language in the General Plan to allow cooperation with emergency services that are located outside the urban growth boundary. He asked Council to consider that request. Mr. Shone Virtue, representing the Environmental Coalition, said they supported the urban growth boundary and that it was important to protect the hillsides from development. The Community Development Director explained that if the county or state fire officials wanted to extend services such as a water supply, the city would not oppose it, but would not agree to pay for it. Sorensen moved to grant negative declarations for these five items. Dean seconded and the motion carried 5-0. Sorensen moved to adopt Resolution No. 9827. Dean seconded, and the motion carded 5-0 10. Application No. 1-Z-97 - City of Cupertino - Rezoning of a .25 acre parcel from Medium-High Density Residential 10-20 Dwelling Units Per Gross Acre (R3) to Low Density Residential 1-5 Dwelling Units Per Gross Acre (RI-10) zone. Applicant is Wei Luh Chu. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. The project is located at 22371 Cupertino Road. (a) First reading of Ordinance No. 1756: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning a 25 Acre Parcel Located at 22371 Cupertino Road From Medium-High Density Residential 10-20 Dwelling Units Per Gross Acre (113) to Low Density Residential 1-5 Dwelling Units Per Gross Acre (RI-10) Zone - (Application 1-Z- 97)."- The Community Development Director reviewed the staff report. Burnett moved to adopt a negative declaration. Chang seconded and the motion carried 5-0. Sorensan moved to approve the application per Planning commission Resolution No. 4810. Burnett seconded, and the motion carried 5-0. The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. Mayor Bautista re-ordered the agenda to discuss item Nos. 11 and 12 last. 13. Review of bids and award of contract for Pavement Restoration, Project 97-101. The Public Works Director reviewed the staff report. Dean moved to award the project to O'Grady Paving, Inc., in the amount of $213,500 based on the lowest bid submitted, and authorize staff to extend the scope of the contract to $275,000 to match the engineer's estimate. Sorensen seconded, and the motion carried 5-0. 14. ' Setting date for interviews and appointments of ad hoc Historic Rcseareh Committee. Dean moved conduct interviews Monday, May 5, at 6:00 p.m. in Conference Room A of City Hall. Chang seconded and thc motion carried 5-0. April 21, 10/)7 Cupertino City Council Page 5 15. Confirmation of budget study session Wednesday, May 28, at 6:00 p.m., Conference Room C~D of City Hall. Council concurred to condua the budget study session on May 28. 16. Consideration of banning the sale of "Saturday Night Specials" (request from Councilman Bumett). Bumctt said that ail cities were being asked to consider this issue. There is a county-wide committee which is developing a legally sound, workable package, which will be brought to council at a later time. The four ideas being considered are to ban Saturday Night Speciais/junk guns, require trigger locks, conduct background checks on employees in gun stores, and to prohibit sales in neighborhoods from individuals. Dean said he provided Bumett's information to Kerley's Hunting, Fishing & Outfitting, and that company submitted a memorandum listing their points of concern. He distributed a copy of the memorandum to council and asked that it be passed along to the committee which is preparing the draR ordinance. Ms. Barbara Rogers, 19764 Auburn Drive, said she had a longstanding interest in public safety and had served on the public safety committee in the past. She said that there had been many attempts to define a "Saturday Night Speciai" and cautioned that care must be -- taken about the definition so they don't ban the type of weapon carried by Sheriff's officers. Mr. Pat Rogers said that he has been a certified firearms instructor, and he has seen many attempts to define a class of gun. Most legai attempts at a definition have failed. The purpose should be go get rid of cheap, dangerous guns that blow up and injure the user. ORDINANCES 17. Second reading and enactment of Ordinance No. 1755: "An Ordinance of the City Council of the City of Cupertino Amending Title 17, Signs, of the Cupertino Municipal Code." The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carded 4-1 with Chang voting no.. Sorensen moved and Dean seconded to enact Ordinance No. 1755. Motion carded 4-1 with Chang voting no. April Ill, 1007 Cupertino City Council Pa~e 6 PLANNING APPLICATIONS 11. Application No(s). 4-U-97 and 1 l-EA-97 - Peter Ko/Cupertino Village Associates - Use pe~i~-,it for new one-story 6,000 sq. ft. commercial retail building at the southwest comer of Wolfe Road and Homestead Road. Environmental Detemsination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. The Community Development Director reviewed the staff report and noted that the Planning Commission had recommended denial, particularly because of the architecture. Bautista said that he wished to give input prior to the full presentation by the applicant, because he felt the layout was unacceptable and would require major changes. He felt a much larger setback from the street was necessary, and parking should be required in front. Mr. Peter Pau, representing the property owners, said it would be easier for them, from a marketing standpoint, to flip the site plan to have parking in the front. It had been their impression that this current proposal was a desirable alternative for the city. Mr. Peter Ko, project architect, said that there had been several meetings with planning staff and there had not been an issue raised about placing the building right on the comer. In fact, they believed it would be an attractive gateway for the city. They could flip the site plan, but all of the parking will be visible. He said the Planning Commission denial did not pertain to the project itself, but rather to the landscape setback, and they could modify the plan to address that. Ms. Klm LaBarber, said she was opposed to the project because it would remove some large trees at the side of the building and replace them with 24-inch box trees. Also the intended use of the building, as indicated at the Planning Commission meeting, would be for a Boston Market and other fast food restaurants in this location. She objected to those uses because Cupertino is a unique city and she wanted it to continue that way. Cowan said that a Boston Market or a fast food restaurant would require a separate use permit so council would have another opportunity to review such a proposal. He asked for direction from council on whether this is a setback issue, or if they were objecting to the orientation of the buildings. He noted that setback standards is one of the items that will be discussed in the General Plan review. Burner said he liked the building design, but felt it was important to preserve the trees if possible. He was open to changes in setbacks. Chang said that having a parking lot full of cars is not the most exciting view for a comer, so he did not see a problem with having the building there. However, he was concerned that there may have been a breakdown in communications, or in the planning process, since the applicant had gone through the Planning Commission and reached the City April 21,100'7 Cupertino/~{ty Council Page Council only to fred that the plans needed major changes. It is important that Council clearly define the issues and work with the applicant to expedite the process. Sorensen agreed with the recommendation from the Planning Commission, and that the building should be moved back. Council has been consistent in requesting such changes for other projects that have been built. She was also concerned about the mass of the building, and preferred 36-inch box trees. Dean suggested that the building be moved back to the mw of parking near the property line. Bautista said that he felt a different standard is needed comers which would set back buildings as far as possible. In some earlier projects this was not done in order to conform to existing site plans. However, in other cases it was simply a mistake. The comer in question is a much more prominent intersection. Bautista felt that a setback to height ration of 1:1 was a minimum standard and council had not yet made a final decision. Cowan said that setback standards were scheduled for future discussion. Burner said there may be a systematic problem, because Stevens Creek Plan calls for pulling buildings forward closer to the street. He had voted against that and said that perhaps the plan should be re-examined because it seems to differ from what a lot of the council members want. He said that people should know what is expected of them when - they plan to develop in the city. Bautista said he thought the new Fontana's and Whole foods market was an example of the Stevens Creek Plan setback standards and parking layout. Cowan said that the Stevens Creek Plan also allows satellite buildings closer to the street. The plan recognizes that most major retailers need parking out in front, but satellite buildings can be placed closer to the street. Cowan sai~l that when they review standards for setback relationships they could also consider reorientation of buildings. It may be necessary to modify the Stevens Creek Plan. Mr. Pau said that he had no problems with Council's recommendation. He had suggested to the Planning Commission that the building be pushed back to the property line but that was rejected. The trees removal is necessary for the bus duck-out, which was a condition imposed on them over the developer's objections. Also, they had not suggested a fast- food restaurant. Dean said he did want the building to go all the way to the property line. Instead, there should be a small setback in between the building and property line, with some kind of landscaping. -- Mr. Pau said they had no objection that the item go back to the Planning Commission. April 21, 1007 Cupertino City Coundl Page Sorensen moved to refer the item back to the Planning Commission, with direction that the building be moved back fi:om the comer, but not all the way to the property line; to put parking between the building and the comer; and to preserve as much greenery as possible. Dean seconded and the motion carried 5-0. Staff was directed to expedite this project. NEW BUSINESS 12. Request from Tandem Computers for homing mitigation credit for housing units "caused to be built" on the Cupertino Village III site (Sandhill Properties) and additional request to clarify methodology for converting fruit-packing site (Thompson Residential Co.) unit credit to a dollar credit. Planner II Vera Gil reviewed the staff report and explained the two requests from Tandem Computers. One is to receive credit for causing to be built 201 units at the Cupertino Village III site (Sand hill Properties). The second is to clarify methodology for converting the fruit-packing site (Thompson Residential) unit credits to a dollar credit. Gil reviewed the history of the cause-to-be-built clause and said that in October of 1996 it was changed to a straight in-lieu housing mitigation fee. Tandem had been permitted to bank the units from the fruit-packing site, but had not done the same for the Sandhill Properties site, and they were requesting that be allowed retroactively. She reviewed the - proposed models for the conversion methodology. John Haley, representing Tandem Computers, explained that they used the General Plan as the guiding document for their plans related to the parcels in question. Tandem approves of the simpler approach which the city has chosen, but they had already banked units for one project and were involved in the sale of the other parcel at the time the process changed. Tandem was the only company which banked any credits, and the only one which will be affected by the conversion to a straight in-lieu fee. He explained their rational for choosing to bank the credits. They felt that once the decision was made on the fruit-packing site, that would be a model, and then when the procedure was changed they were faced with the question of how to convert that. They did not formally apply to bank the credits for Sandhill, although it had been their intent to do so. However, council had already announced their intention to change the program. Discussion followed regarding the two proposed models and how the calculations would be done to convert the banked units, and the policy that existed prior to change to the cause-to-be-built provisions. Dean said this cause-to-be-built provision was triggered by requirements of the State. He understood Tandem's request regarding the 450,000 sqnare feet but did not follow the justification for $4 for in-lieu fee for the balance of the project, since the mitigation fee -- had been reduced from $5 to $2. April 21, 1997 Cuper6no City Council Page 9 _ Sorensen said that Tandem Computers did get caught in the middle of these changes. She was concerned about the $4 figure, and was willing to let staff and Tandem negotiate a different approach, as recommended by staff. Bumett said the council now has a much simpler nde, and felt that the $2 credit figure was sufficient because Tandem would now save $3 for every 100,000 square feet they develop above the limit. Also, the simpler nde is intended to get rid of the requirement of providing housing. He supported the Planning Commission's recommendation. Chang agreed that the $2'figure was appropriate. Bautista said previously the mitigation for the Sandhill and Thompson projects was to mitigate the need to pay $5 per square foot on 450,000 square feet of development. He felt that the current fee of $2 a square foot apply to any square footage above that. He did not object to including the Sandhill project in terms of allowing the 20 below-market-rate units to apply to the housing fee mitigation because discussions regarding that project had preceded the October 21 discussion about changing the mitigation procedures. Dean moved to allow Tandem Computers to bank 54 units (the equivalent of 450,000 square feet) that will be exempted from paying a housing mitigation fee. Any square footage above that amount shall be assessed the prevailing fee. Sorensen seconded and the motion carded 3-2 with Burner and Chang voting no. Cowan clarified that the banked units total 54, there would be no credit given for market rate units, and the bank wording has now been eliminated from the General Plan. UNFINISHED BUSINESS None. STAFF REPORTS None. COUNCIL REPORTS Bumett reported that the ABAG meeting was on land use and transportation needs. A Vancouver city councilman discussed their high-rise residential towers. They require an enormous dedication of parks and open space in order to preserve the waterfronts and the practice seems to be working well. Their basic nde is that no one should live more than 1,000 feet from basic services such as groceries. April 21, 1997 Cupertino City Council Page 10 The City Manager reported on the reconh-nendations of the Legislative Review Committee. Council concurred to: (1) Oppose AB 673 (Floyd), public employees, mediation and fact- finding; (2) Oppose SB 147 (Ayala), certificates of participation, vote requirement; (3) Support AB 783 (Brown), alcohol beverages sales to minors, local enforcement grants; (4) Support AB 1223 (Strom-Martin), parks and recreation, employee/volunteer fingerprinting; and (5) Refer SB 479 (Alpert), public contracts, to Director of Public Works. CLOSED SESSION At 8:55 p.m. council recessed to a closed session to discuss negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 - (a) lease of water utility; Co) land exchange with De Anza Properties. At 9:20 p.m. council reconvened. The City Attorney announced that related to the lease of water utility, staff was directed to proceed along the lines discussed, including setting hearing dates and preparing certain documents. Related to the land exchange with De Anza Properties, staff was directed to explore possibilities as discussed. ADJOURNMENT At 9:21 p.m. the meeting was adjourned to Tuesday, April 29, 8:00 a.m., Quinlan Community Center, for the Economic Summit meeting. City Clerk