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CC 07-07-03 CITY OF CUPEI(TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, July 7, 2003 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang 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 Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthai. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Assistant Planner Gary Chou, Associate Planner Peter Gilli, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Report from the Public Safety Commission on its 2003-2004 goals. This item was postponed to a later meeting. 2. Proclamation for Cupertino National Little League Minor Dodgers. Mayor Chang presented proclamations to the players and coaches for winning the Cupertino National Little League minor division championship. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Councilwoman Sandoval asked that the record reflect that the City Council members received in their packet a detailed letter about changing community from San Jose resident Anna Michele Meyer Getsla. July 7, 2003 Cupertino City Council Page 2 ORAL COMMUNICATIONS Jennylea Sepulveda, representing Concerned Citizens o£ Cupertino. She asked that council announce all study session dates and times at the beginning of the meeting instead of waiting until the end 0fthe meeting. Penny Whitaker, Cupertino resident, thanked the council for the improved recycling program. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 3, which was pulled for discussion. Vote: Ayes: Chang, Jmes, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 4. Adopt resolutions accepting Accounts Payable for Jane 13, June 20, and June 27, Resolution Nos. 03-126 through 03-128. 5. Adopt resolutions accepting Payroll for June 20 and July 3, Resolution Nos. 03-129 and 03-130. 6. Accept the Treasurer's Budget Report - May 2003. 7. Approve applications for an Alcoholic Beverage License: a) Zazang Restaurant, 20010 Stevens Creek Blvd. b) Torys Restaurant, 21670 Stevens Creek Blvd. c) 20956 Homestead Rd., #A 8. Adopt a resolution setting a hearing date o£ August 4 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 03-131. 9. Adopt a resolution approving the destruction of records from the City Clerk files, which are in excess of two years old, Resolution No. 03-132. 10. Adopt a resolution urging the California Legislature to use a balanced approach in adopting the state budget, Resolution No. 03-133. 11. Adopt a resolution authorizing the City Manager to sign an agency shop agreement with Operating Engineers Local Union Number 3, Resolution 03-134. 12. Adopt a resolution accepting a quitclaim deed for Chiping Yang and Bee Choo Yang, 10660 Santa Lucia Road, APN 342-16-034, Resolution No. 03-135. July 7, 2003 Cupertino City Council Page 3 13. Adopt a resolution authorizing execution of an improvement agreement for Chiping Yang and Bee Choo Yang, 10660 Santa Lucia Road, APN 342-16-034, Resolution No. O3-136. 14. Accept city projects performed under contract. (No documentation in packet): a) San Tomas Aquino-Saratoga Creek Trail-Reach 5 Improvement Project, Project No. 2002-9116 (GradeTech, Inc.) b) Wolfe Road/I-280 Interchange Improvements, Project No. 9528 (Republic Electric) c) Civic Center and Library Project, Phase I, demolition, salvage, recycling and site preparation, Project 2002-9222 (Ferma Corporation) 15. Accept municipal improvements (grading, curb and gutter) for YR Development, 10675 Santa Lucia Road, APN 347-17-055. (No documentation in packet). 16. Adopt a resolution declaring the intention to order the vacation of a 10 ft. public service easement, 11477 Lindy Place, APN 356-24-004, Resolution No. 03-137. 17. Adopt a resolution approving a grant of easement (10 fi. public service easement) for 11477 Lindy Place, APN 356-24-004, Resolution No. 03 - 138. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approve the minutes from the June 16 City Council meeting. The City Clerk noted that Richard Lowenthal had been absent at the June 16 meeting, and she would correct two pages that showed him as present. City Manager David Knapp suggested alternative wording for page 8, second to last paragraph, last sentence, to read "The City manager said that staff will work with the Rotary Club and the library fundraising organization to find a solution as to how the funds will be recorded that is satisfactory to the Cupertino Library Committee and to the Rotary Club." Lowenthal/James moved and seconded to approve the minutes as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PUBLIC HEARINGS 18. Consider application(s): Z-2003-01; TM-2003-01; U-2003-02; and EA-2003-03 for Saron Gardens, LLC located at 7310 Rainbow Drive, A-E, APN(s): 366-19-075; 366-19-076; and 366-19-048. (This item was continued from 6/16/03): a) Grant a negative declaration b) Approve a tentative map to subdivide a 4.03-acre parcel into 55 residential parcels and one common parcel July 7, 2003 Cupertino City Council Page 4 c) Approve the rezoning of a 4.03-acre parcel from P (R3) to P (Res) d) Approve a use permit to construct 55 single-family residences and site improvements on a 4.03-acre parcel e) Conduct the first reading of Ordinance No. 1920: "An Ordinance of the City Council of the City of Cupertino rezoning three parcels totaling 3.92 gross acres parcel from P (R3) or Planned Development with multi-family residential uses and R1 or Single Family Residential to R (Res) or Planned Development with residential uses Assistant Planner Gary Chou made the presentation, and said this application was a use permit to demolish 39 existing apartment units in 9 buildings and 1 single-family residence, and to construct a residential development consisting of 55 single-family homes. He said that the key issues discussed at Planning Commission meetings included below-market-rate (BMR) units, relocation assistance, and impacts on students. Chou reviewed these issues in greater detail, and said that 3 of the 15 net additional units must be BMR units, which is a 50% increase in the number of BMR units required. Chou said that the Relocation Assistance Program that was recommended by the Housing Commission was approved by the Saron Gardens Residents Association and would be for a lump sum payment in the amount of three times the monthly rent. He explained that students attending Regnart Elementary and Monta Vista High School seniors would be allowed to finish out the academic year if they reside at Saron Gardens after December 2003. Jon Moss, representing Prometheus, said that they are not currently the property owners but are under contract to purchase the property. He explained the series of meetings that were held with the neighborhood, the renters, and city staff, and discussed the changes that were made to the project as a result of this input, which included reducing some building heights, controlling noise and dust, implementing mitigation measures to protect privacy, and increasing some setbacks. He said that the surrounding neighborhood residents preferred to have for-sale housing in this area, and were in favor of the architectural design and quality as well as the site layout plan. He said that, although the residents will be given 60-day written notice, they do not anticipate starting construction for at least 6 months. Architect David Johnson showed slides and discussed the architectural style and amenities of the project. Tom Dragosavac, 7308H Rainbow Drive, said it has been a good experience to live at Saron Gardens. He said the Saron Garden residents appreciate the consideration given by Prometheus in the relocation plan, but the still wish they did not have to move. He expressed concern about how the BMR units are handled by the Planning Commission and that the city's policies give credit for loss of rental units instead of encouraging more. July 7, 2003 Cupertino City Council Page 5 council member Kwok read an excerpt of the General Plan, Section 24, regarding a rental housing retention policy, and noted that this project meets only one of the three guidelines. Council member Sandoval asked if the BMR units could be the first ones to be built, and Jon Moss said he believed Prometheus could do that. She also asked that bicycle racks be placed in the central common area. Discussion followed regarding the rental housing preservation policy. Kwok suggested that the applicant provide one additional BMR trait since their project does not meet the General Plan guidelines for rental retention. Moss noted that the General Plan refers to a rental housing retention plan that is to be created, and said that Prometheus was already providing one more BMR unit than is required at a cost of $500,000 each. Kwok withdrew his suggestion. Kwok/Sandoval moved and seconded to grant the Negative Declaration, approve the tentative map, approve the rezoning, and approve the use permit. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The City Clerk read the title of the ordinance. Lowenthal/James moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The Council members concurred that staff should begin preparation of the rental housing retention policy, and any other applicants that may be considering the removal of rental housing should be notified that the requirements would be changing. Mayor Chang reordered the agenda to consider Item No. 21 next. UNFINISHED BUSINESS 21. Adopt policy and procedures regarding the naming of City facilities and recognition of financial donors. Mayor Chang listed the committee members who worked on the policy under consideration, gave a brief background, and reiterated that the policy would give recognition to community members who donated money, but facilities would not be named after donors. City Attorney Charles Kilian directed Council's attention to editing changes suggested by Council member Sandoval. He summarized the main features of the policy, which included the following: 1. Before a facility is named for any reason there would be a noticed public hearing; 2. The policy applies to any portion of a facility July 7, 2003 Cupertino City Council Page 6 The guidelines for naming don't include naming any facility or portion thereof for anyone giving money, but an acknowledgement plaque will be provided. Barbara Rogers, Chairperson of the Library Fotmdation Fundraising Committee, asked whether the committee could arrange for the donor plaques to he written in a way that the donor desires. Kilian explained the different steps required before any naming would take place, including the preliminary approval by the naming committee. He went on to say that the next steps, including the acceptance of money and naming any buildings, have not yet been done. He said that it was his understanding that the naming committee was meeting in order to develop a policy to apply a standard to all donations to be made in the future. Rogers said she hoped the Council would still permit the fundraising committee solicit funds as it has been doing, and not make the policy retroactive to those donors who may already be in the pipeline. Mayor Chang said there are three options for Council's consideration: (1) Change everything retroactively according to the policy; (2) Grandfather-in those donations that may have already been made; or (3) Change the policy so that it does not apply to the entire fundraising effort. Don Allen, 20230 Stevens Creek Blvd. said that fundraising efforts for the Cupertino Community Services facility and the affordable housing project were easier than today because the economy was better then, and said fundraising difficulties now were probably due to the poor economy more than any other reason. He said that a key fundraising tool is the ability of the fundraisers to talk to people about what might capture their interest, thereby increasing the amount of the donation, and naming opportunities are key to that process. He said that he supported the change to the policy. Rich Abdalah, 10455 Torre Ave., thanked Council for allowing him to serve on the committee. He reiterated that Council still has yet to accept in a public forum the specific gift of any donor. He said that the essence of the policy is to allow the public to know who the donors are, what the donation is, and to compliment the donor. He encouraged Council to adopt the policy and to accept all donations, past and future, in a public meeting. Sandoval distributed a redlined copy of the draft policy document showing' her recommended changes. After discussion, the City Council concurred that staff should make the changes suggested by Sandoval, as well as additional wording (shown below), and then bring the completed document back for adoption by resolution at the next City Council meeting. The additional changes accepted by the Council were: Page 1, Paragraph 1, delete the phrase "including portions thereof, structures, equipment and furnishings"; Paragraph 1 (b), amend the sentence to read "To honor or recognize individuals, including but not limited to, retired elected officials or community volunteers..." Paragraph 2 (a) amend July 7, 2003 Cupertino City Council P~e7 the last line to read "...guidelines, is subject to the approval of the..." Page 2, Paragraph 3(a), delete the phrase "Unless otherwise determined by the city council"; Page 3, new paragraph (f), the third line shall read "...for acceptance. Unless these guidelines are amended by the city council, the acceptance by the city council of any donation..." James/Kwok moved and seconded to pass the City of Cupertino Naming of City Facilities and Recognition of Financial Donors Policy and Procedure as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Council further discussed the action that it took at past meetings regarding authority given to the fundraising committee. The City Clerk said that she would give copies of those minutes to the Council members. Rogers said that at a meeting in March, Council gave the committee the authority to raise money through the use of named gifts, to decide from whom those gifts would be accepted, and the authority to accept those monies. She said that to change the process and make it retroactive would be cumbersome, because individuals would have to come to the City Manager and to the Council to have their gift accepted. She said the process is cumbersome, would discourage donors, and repudiates the agreement. James replied that the only extra step would be that the committee would work with the City Manager before coming to Council for approval. Council discussed the plaque language and whether the newly adopted naming policy guidelines would be followed for contributions that had already been made. They concurred to discuss this matter again when staff brought back the naming policy in the form of a resolution. In the meantime, Rogers said she would discuss the topic with the fundraising committee and bring back their comments. James/Lowenthal moved and seconded to continue the item to the next meeting on the basis of the above discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PUBLIC HEARINGS (continued) 19. Consider a General Plan Amendment to change the land use designation for the Forum at Rancho San Antonio from Residential Very Low 5-20 acre slope density to Residential Very Low 5-20 acre slope density/Quasi-Public Institutional. This project is located at 23500 Cristo Rey Drive, APN(s): 342-53-001 through 342-53-259; 342-54-001 through 342-54-016; 342-55-001 through 342-55-045: Lowenthal/Sandoval moved and seconded to grant a negative declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 03-139 approving the General Plan amendment. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. July 7, 2003 Cupertino City Council Page 8 20. Consider the appeal of a Design Review Committee approval of a new two-story 4,463 square foot residence, Application No. R-2003-03, Dick Fang, 10110 Mann Drive, APN 326-19-055. This item is Categorically Exempt and the Planning Commission recommends approval of the appeal. A letter was received from Cary Chien dated July 7, 2003, supporting the appeal and objecting to the complexity of the R1 ordinance. Senior Planner Peter Gilli reviewed the staff report. Applicant Victor Hung, 10110 Mann Drive, distributed a bound package that included photographs of large homes for comparison purposes, as well as letters from his neighbors supporting the appeal. He reviewed the project and compared photographs of large homes in comparison to his proposed home. Architect Dick Fang, 868 S. Blaney Ave., discussed the project in more detail and described its compatibility with the neighbors' houses. The following individuals spoke in favor of upholding the appeal. Andrea Lin, 10074 Mann Dr. Roy Hampton, 21821 Oakview Lane Yvonne Hampton, 21821 Oakview Lane Dennis Wightman, 10092 Mann Dr. Malka Nagel Cary Chien, 10583 Felton Way Planning Commissioner Gilbert Wong, who is also a member the Design Review Committee, clarified his comments and his vote from the Design Review Committee and Planning Commission meetings. He explained that he declined because there were no supporting drawings or photographs. However, he believed the use is a compatible one. Mayor Chang asked that the record reflect that the term "monster home" is a derogatory term, and people who are using that term should be aware of that. He said that better wording would be to call them "very big" or "super-sized" homes instead of "monster" homes. Lowenthal/Kwok moved and seconded to uphold the appeal. Vote: Ayes: Chang, James, Kwok, Lowenthai, Sandoval. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - Continued 22. Review the City Council appointments to the General Plan Task Force. July 7, 2003 Cupertino City Council Page 9 City Planner Cynthia Wordell reviewed the staff report. Mayor Chang read written comments from Joanne Tong, which indicated that she available to serve in the Educator category of the General Plan Task Fome, and that she is presently an educator with over 30 years experience in the profession. Council concurred to move Mahesh Nihalani into the Housing Commission category, to move Dan Schofield into the renter category vacated by Nihalani, and allow each Council member to select two more representatives. Council members agreed to provide the Planning Director with their top three choices. NEW BUSINESS 23. Adopt a Public Access contract with KMVT for programming on Cable Channel 15. Public Information Officer Rick Kitson gave an overview of the staff report, and said that there was a request to amend the contract to allow the services to be used by members of a city-sponsored organization in addition to Cupertino residents. The City Clerk noted that Marge Shively, Joe Papaso, and Karen Greguras had submitted written comments in favor of this contract. Doug Broomfield, Executive Director of KMVT, explained that KMVT is specifically chartered to provide public access to the community, and they are creating a strong regional center with excellent economies of scale. Because it is designated as a 501(c) 3, the agency can create opportunities for producers through fundralsing and private donations, which can mean less reliance on municipal support. He said that they can provide a regional channel as well as channels unique to each community, and the Cupertino residents and producers will receive the same top priority as Mountain View and Los Altos residents. He said there is a staff of providing the equivalent of 60 hours a week available to support the producers, and that the board has voted to install new digital equipment this year in their new facility in Mountain View. He noted that "The Better Part" will continue to produce their program on Thursday mornings, and will have 3 playbacks a week instead of two. Richard James, a producer of the Los Altos Program "Visions Unlimited," said he used to be at Foothill College when the programs were transferred to KMVT, and there was some concern at the time. However, they received good training, improved facilities, and all the shows are going well. Diane Benedetti, Executive Producer of Cupertino Senior TV productions, which makes "The Better Part", said that they had enjoyed working at DeAnza College. She said she had reviewed the contract and was favorably impressed, and was in support of its approval. July 7, 2003 Cupertino City Council Page 10 Ronald Moore said that "The Better Part", created by seniors and for seniors, was the first of its kind in the world, and may still be. He was saddened that the want of a small amount of money will cause the loss of Cupertino Public Access. Sandoval/James moved and seconded to adopt the public access contract with KMVT for programming on Cable Channel 15, with an amendment to add "or members of city sponsored organizations" to exhibit A, paragraphs b and c, and to authorize the City Manager to sign the agreement on behalf of the city. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS 24. Receive a report on the inquiry regarding Asian demographics in the CDBG Consolidated Plan presented to the City Council at the 6/16/03 meeting. Community Development Director Steve Piasecki said that the numbers had been transposed in the original document, and a corrected sheet had been included in the packet. Council received the report and took no action. 25. Receive a report regarding an update on Vallco. Community Development Director Steve Piasecki reported that over the last several months Teachers Investment Group had been negotiating with a number of investors, and Vallco Park was sold in June. Two of the new owners, Emily Chen and Allen Wong, met with staff and Vallco General Manager Mike Rohde in June. They indicated their intent is to pursue leasing out the lower level vacant tenant spaces, primarily to restaurants, one of which may be as large as 1000 feet. Staff has advised that a use permit may be required for entertainment uses. The owners also indicate there is a possibility of residential uses in other places in Vallco Park in the future. Council received the report, and took no action. 26. Receive an update on the Watershed Protection Collaborative. Public Works Director Ralph Qualls said that a collaborative of cities, the county, and the water district has developed a set of standards and guidelines which would allow the cities to implement guidelines within their own land use and permitting regulations. Each of the parties will be asking their governing boards to support the agreement, and he expected to present it to City Council in August. July 7, 2003 Cupertino City Council Page 11 27. Accept a report on Cupertino Courier-sponsored, "A Time to Talk: A Cupertino Forum." The City Manager said that unless the City Council objected, the city would provide funds in the amount of $6,300 for facilitation by Shawn Spano, including, design, consultation, recruiting and training of assistants, and facilitation of the event. Council accepted the report and agreed to the cost for the facilitation for the forum, which is scheduled for Saturday, August 9, from 8:30 a.m. to 12:30 p.m. at St. Jude's Church at Stelling and McClellan Roads. COUNCIL REPORTS Council members agreed to postpone their reports because of the lateness of the hour. Sandoval noted that the Thursday evening music in the park and the Fourth of July pancake breakfast and parade were very successful. The City Manager reported that it had been decided that the $45,000 donation from the Rotary Club of Cupertino would be made to the city, and then the city would reduce the Library Foundation Committee's fund-raising responsibility by that amount, from $1.2 million to $1,155,000. The City Manager said that progress was happening at Vallco, and as a result of changes there, the city will retrieve a time capsule that had been stored at the site. He said it was placed into a safe in 1980, and it will be opened on the city's 50th anniversary in 2005. CLOSED SESSION - None ADJOURNMENT At 12:10 a.m., the meeting was adjourned in memory of John Tully, the father of Vice-Mayor James. Kimberly Smit~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. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.