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CC 10-21-08CUPERTINO APPROVED P/IINUTES CUPERTINO CIT Y COUNCIL Regular Adjourned Meeting Tuesday, Octot~er 21, 2008 ROLL CALL At 6:00 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino. Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney (6:03 p.m.), and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. 1. Interview candidate for a vacancy on the PLiblic Safety Commission. The Council members interviewed David Nguyen and appointed him to a partial term ending January 201 O. CLOSED SESSION 2. Pending litigation -Government Code Section 54956.9(a) regarding George Louie v. City of Cupertino. At 6:16 p.m., the City Council recessed to a closed session, and reconvened in open session in the City Council Chamber at 6:55 p.m. City Attorney Charles Kilian announced -that Council agreed to a global settlement of $30,000. RECESS -Council recessed from 6:56 p.m. to 7:05 p.m. PLEDGE OF ALLEGIANCE At 7:05 p.m. Vice-Mayor Orrin Mahoney called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Webelo Scouts Pack 433 led the Pledge of Allegiance. ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. October 21, 2008 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIO:~I5 3. Recognition for Webelo Scouts Pack 433. (7vo documentation in packet). The spokesperson for the pack said that the Webelos are currently working on their citizenship badge and wanted to attend a City Council meeting. POSTPONEMENTS -None WRITTEN COMMUNICATIONS -These item:; are listed under their particular agenda item ORAL COMMUNICATIONS Bob Power, Executive Director of the Audubon Society, said that they are hosting the 17`h Annual Wildlife Education Day. He distributed fl}~ers and noted that the event would take place on Sat., Oct. 25 from 10-2 at McClellan Ranch. Deborah Hill talked urged a "yes" vote on the ballot measure to avoid animal cruelty and to continue to allow gay marriage. She noted that ;she had been forced out of her apartment in Cupertino because the owner refused a Section 8 designation, and she felt that was housing discrimination. CONSENT CALENDAR Santoro/Wong moved and seconded to appro.~e the items on the Consent Calendar as recommended, with the exception of Item No. 11, which was pulled for discussion. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 4. Approve the minutes from the September 16, 17, 30 and October 7 City Council meetings. 5. Adopt resolutions accepting Accounts Pav<<ble for October 3 and 10, Resolution Nos. 08- 135 and 08-136. 6. Adopt a resolution accepting Payroll for October 3, Resolution No. 08-137. 7. Accept applications for an Alcoholic Beverage License: a) Vinetv Faire, 10478 Bonny Drive -Beer and Wine Wholesaler (17), Off Sale Beer and Wine (20) b) Baia Fresh, 20735 Stevens Creek Blvd., H - On Sale Beer and Wine (41) 8. Adopt a resolution accepting dedication of real nroperty for roadway purposes. Cupertino Homes, LLC, a California Limited Liability Company, Jollyman Lane /Orline Court, Apn(s) 359-22-060 and 359-22-061, Resolution No. 08-138. October 21, 2008 Cupertino City Council Page 3 The property owners of this residential development agree to grant to the City a right of way dedication, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 9. Accept municipal improvements, Cupertino Greenleaf LLC, A California Limited Liability Company, Greenleaf Court, APN 326-33-017. The applicant has completed City-specified improvements in the City right-of--way, including sidewalk, driveway, easement, and curb 8c gutter work as required by the improvement agreement with the City. 10. Adopt a resolution amending the City of Cupertino's contract with Ca1PERS to continue allowing pre-tax payroll deductions for service credit purchases, Resolution No. 08-139. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 11. Consider adopting a resolution to retroactively apply the reduced photovoltaic systems (solar) fee for quasi-public buildings to April 1, 2007, Resolution 08-140. Administrative Services Director Carol ~~twood said that the churches were charged incorrectly at a residential rate and the City was back-billing them for the error. The solar fee was reduced by Council at its last meeting and now the churches need to be billed an additional amount over what was initially charged. Wang/Wong moved and seconded to adopt the resolution applying the reduced photovoltaic solar fee to the two specific quasi-public applications that have already been approved. The motion carried unanimously. PUBLIC HEARINGS 12. Consider the Heart of the City Specific paan amendments to achieve conformance with the General Plan, Application No. SPA-2008-01, Heart of the City, Stevens Creek Boulevard between Highway 85 and the Eastern City limit. Written communications included the following: • Email from Dan Marshall dated Oct. 17 encouraging mixed-use in the Heart of the City plan • Updated chart from staff showing red-line changes to the plan Mayor Sandoval noted that Council would only take public testimony this evening on the introduction to the Heart of the City Specific plan. At 8:1 O p.m. Mayor Sandoval opened the public hearing. October 21, 2008 Cupertino City Council Page 4 Barry- Chang cautioned Council that this was the last chance to make the Heart of the City plan work and encouraged them to not narrow Stevens Creek Blvd. Tom Hugunin said that he attended the He~irt of the City study session and he thought the goal was to make it match the General Plan. He said that the Heart of the City draft has exceeded the scope of what the Council asked for. He encouraged Council to make minor modifications to make the plan work. Jennifer Griffin said that the Heart of the City is very complex and encouraged Council to make good decisions for a viable corridor in the future, one that has lots of retail, allows residents to get from one end of town to the other unimpeded, and has nice trees and scenery along the route. She asked Council to keep the 35-foot public right of way, the double row of ash trees, and not to eliminate the side yard setbacks along Stevens Creek Blvd. Keith Murphy said that the public doesn't get a chance to look at items handed out to Council at the last minute, especially red-line items. He encouraged more community outreach as was done for the South Vallco ]Master plan. Darrel Lum said that the Heart of the City plan requirements should be followed regardless of developer excuses asking Council to waive those requirements. He said that the City is trying to lower the standards so that there are no exceptions resulting in sub- standard development. He noted that there is nothing wrong with exceptions coming before the Planning Commission or City Council because then the developer can argue the merits of needing that exception. He said he would rather have descriptive language in the Heart of the City plan so that both sides know what rules need to be followed. Ned Britt showed a picture of the De Anza. College parking garage which is 46 feet high. He said that he was not happy with the poscsibility of turning Stevens Creek Blvd. into an area with high buildings close to the street. Council comments included: the goal is to align the Heart of the City Specific plan to be consistent with the General Plan; it's important to bring exceptions to the City Council regarding height, setback, and uses of property; they were not in favor of lowering the standard so that projects are approved too easily; Stevens Creek Blvd. should not be narrowed (or even the possibility studied) rind that decision was already made by Council; further discussions need City-wide notific:~tion; what is not specific in the General Plan should be more specific in the Heart of the City plan; define a downtown that would include walkability and retail with a cleaur definition of what can be developed where; consolidate all the handouts and show the changes; like to see staff insight and not concerned about the scope; staff should be proactive in talking to different groups like the Chamber of Commerce Action Committee for their input; the draft plan. should be put on the website; redline version is .good bust make it clearer and easier to read with a tightening up of the language; the Heart of the City is more of a designated area so it would be acceptable to have one main General Plan document, and then anything specific October 21, 2008 Cupertino City Council Page 5 to the Heart of the City area would be put in the Heart of the City document; keep the Heart of the City document simple. Council directed staff to bring this item back on Dec. 2 with City-wide noticing. Staff wiil provide ablue-line Heart of the City Specific Plan document (showing any changes) based on the previous document, with Ge~ieral Plan tie-ins and talking points from the community and Planning Commission. Staff will also bring back a sample Heart of the City Specific Plan document that will show anything not covered in the General Plan, with an appendix that includes applicable I~olicies from the General Plan that refer to the Heart of the City Specific Plan document. Council recessed from 9:15 p.m. to 9:20 p.m. 13. Consider a Municipal Code Amendment to the Sinele Familv R1 Ordinance (section 19.28.060) regarding the allowed ratio of t:he second floor building area compared to the first floor building area. The revised ordinance will consider adjixsting the allowed ratio to facilitate greater architectural diversity, but will not consid-er increasing or decreasing the total allowed building area on an R1 lot or changing the required second story setbacks. The ordinance amendment will also inch~de minor language clarifications relating to gardening activities and miscellaneous wording changes to improve the readability of the document, Application No. MCA-2008-03, City of Cupertino, Citywide. Written communications included the following: • Staff handout of red-line changes to Municipal Code Chapter 19.28 • Hard copy of staff Power Point presentation City Planner Gary Chao and Assistant Planner Leslie Gross reviewed the staff report. At 9:42 p.m. Mayor Sandoval opened the Public Hearing. Jennifer Griffin said she was confused as to how the Planning Commission voted and what staff wants. She said that "monster'' homes have been built in her neighborhood from day one. When the R1 zone was est~-blished, it took the monster homes away, and now the threat is back. She is afraid they homes will become big, square boxes. She showed pictures of homes in Manteca showing large second stories. She said that she likes the wedding cake style houses. Susan Chen said that she likes to see more variety of housing styles in Cupertino and not all the same, such as a wedding cake style. She noted that Cupertino has many small lots and with the current ratio people can't put three bedrooms on a second story. Instead, they have to enlarge the first floor as much as possible which reduces the space on already small lots. October 21, 2008 Cupertino City Council Page 6 Lisa Warren said that homework has already been done and to leave things the way they are. Deborah Hill said that people want to build a house for their kids and can't afford to live in Cupertino. She said she was against making a change. At 9:53 p.m. Mayor Sandoval closed the public hearing. Mahoney/Wang moved and seconded t~~ adopt the staff recommended ordinance framework, direct staff to work with the City architect consultant, and return as soon as possible to Council after the City wide noticing, to present ordinance details for consideration. Santoro made a friendly amendment to remove 19.28.060 section 2; replace 19.28.060 section G.3. and section a. with the following language: "Wall heights over 12' that are over 20" long require relief. Acceptable methods of relief are: extended or wrap around porches; pop outs and bay windows; material and color changes; wide overhangs with projection brackets; julliet balconies; window boxes and pot shelves; landscaped trellises and lattices; or other similar architectural features deemed to be appropriate by the Director of Community Development" an<i to adopt the principles and guidelines to be provided by the City Architect. Mahoney said he would accept the friendly amendment as an alternative to be brought back by staff, along with staff s recommendation and any other insights that staff has. Wang withdrew her second because she s~iid she wanted to see more options. Sandoval seconded the motion. The motion failed ~n~ith Santoro, Wang, and Wong voting no and Mahoney and Sandoval voting yes. Santoro/Mahoney moved and seconded to remove 19.28.060 section 2; replace 19.28.060 section G.3. and section a. with the following language: "Wall heights over 12' that are over 20" long require relief. Acceptable methods of relief are: extended or wrap around porches; pop outs and bay windows; material and color changes; wide overhangs with projection brackets; julliet balconies; wind~~w boxes and pot shelves; landscaped trellises and lattices; or other similar architectural features deemed to be appropriate by the Director of Community Development." Also include design principles, adjustments, and guidelines from staff and bring a sample back to Council. Wang made a friendly amendment to not include in the motion removing 19.28.060 section 2 regarding a 45% floor area ratio. Santoro did not accept the friendly amendment. Santoro amended his motion to include looking at the process to determine how the new method would be applied to ;second floors and include a look at other ratios that have some limit as well. Wang moved an amendment to consider reviewing the R1 ordinance regarding the second floor building ratio compared to the first floor building area. If the ratio becomes 100% October 21, 2008 Cupertino City Council Page 7 then consider all the conditions that Santoro suggested. The motion died for lack of a second. The following original motion made by Saritoro, with his added amendment, carried with Mahoney, Santoro, and Wong voting yes and Sandoval and Wang voting no: Remove 19.28.060_ section 2; Replace 19.28.060 section G.3. and section a. with the following language: "Wall heights over 12' that are over 20" long require relief. Acceptable methods of relief are: extended or wrap around porches; pop outs and bay windows; material and color changes; wide overhangs with projection brackets; julliet balconies; window boxes and pot shelves; landscaped trellises and lattices; or other similar architectural features deemed to be appropriate by the Director of Community Development." Also include design principles, adjustments, and guidelines from staff; look at the process for how the new method would be applied to second floors; look at other ratios that have some limit as well; and bring back a sample to Council. UNFINISHED BUSINESS 14. Receive an update on the investment policy. Council concurred to receive the report. NEW BUSINESS 15. Consider taking up the question of increasing office allocation as part of a General Plan amendment. Written communications included the folio-wing: • An amended page from staff showing Table 2-A titled Development Allocation • A hard copy of the Power Point presentation from staff • A handout of hotel plans from one of the speakers Tom Hugunin said that he wants Apple Computer to show the plans for their project before increasing the office allocation. Jennifer Griffin urged Council to proceed cautiously to see what Apple and HP want to do with their properties first before increasing the office allocation. Dipesh Gupta said he has already put in an. application to the City for ahigh-end hotel on De Anza Blvd. replacing the existing ga:; station. He noted that it would include 138 rooms, conference rooms, a street cafe, and an interactive lounge, and that it is a green building LEED certified. He explained that the project would have less traffic than the existing gas station. He requested Council to move rapidly on the hotel allocation increase request. He distributed the project plans. October 21, 2008 Cupertino City Council Page 8 Keith Murphy said that he wants to see plans from Apple and HP first before giving any increase in office allocation. He noted that ]le is a member of the Housing Element update group and this it was unclear to that group whether the responsibility would fall to the lesser property owners to put in the Housin4; Element to offset the office ratio. Shawna Homes, on behalf of HP, said that they had submitted a letter asking Council to look into the issue of office allocation. She clarified that HP is asking to consider what is possible so that they can decide what investment to make in Cupertino and other communities regarding their growth while developing long-term plans. Mike Foulkes, on behalf of Apple Computer, said that the last time the General Plan was looked at was during the "dot.com" bust wizen office space was vacant. He explained that at that time, Apple had enough office spice. He noted that there are probably enough office allocation squares in the General Pl:rn to take care of both Apple and HP, but not enough to take care of anyone else. He said Apple wanted to be sure the City had enough space for future needs. Kevin Dare with Sandhill Property Company said that discussing office allocation is an opportunity to plan for the future and have smart growth. He noted it opens a dialogue within the community to discuss concerns as a whole, find out what are people's plans and goals, and how everyone can work together. Santoro/Wang moved and seconded to include the question of increasing office allocation as part of the Housing Element process acid limit it to 400,000 square feet or whatever number doesn't impact the housing. The motion carried with Santoro, Wang, and Wong voting yes and Sandoval and Mahoney voting no. Sandoval/Mahoney moved and seconded to explore additional office square footage through its own General Plan Amendment process on a parallel track with no specific number. Mahoney made a friendly amendrent that the parallel track would only include the additional study of traffic and other en~~ironmental impacts for more than the 400,000 square-footage. Sandoval accepted the friendly amendment and asked that the data come back to the City Council. The motion Carrie;d unanimously. 16. Adopt mid-year budeet adjustment No. 1 Mahoney/along moved and seconded to continue this item to November 3. The motion carried unanimously. 17. Receive a report on the Cupertino Americans with Disabilities Act (ADA) Transition Plan. Mahoney/along moved and seconded to continue this item to November 3. The motion carried unanimously. 18. Consider the City Manager and City Attorney ordinances: October 21, 2008 Cupertino City Council Page 9 a) First reading of Ordinance No. 08-:'_032: "An Ordinance of the City of Cupertino repealing section 2.28.202 and amending section 2.28.040 D relating to the Citv Manager" b) First reading of Ordinance No. 08-2033: "An Ordinance of the City of Cupertino amending section 2.18.040 relating 'to the City Attorney" Mahoney/Wong moved and seconded to c~~ntinue this item to November 3. The motion carried unanimously. 19. Renew agreement for lease on the City Attorney's office. Santoro/Wong moved and seconded to ren~sw the lease for one year in the existing office space. The motion carried with Mahoney, Sandoval, Santoro, and Wong voting yes and Wang voting no. ORDINANCES -None STAFF REPORTS Deputy City Clerk Grace Schmidt asked the Council members to look at their calendars and let staff know whether they wished to cancel the meeting of January 6. She explained that staff needs to know as soon as possible because notices are being prepared for various projects. She explained that City Hall would be closed from December 24 through January 5, so any packet prepared for the January 6 meeting would have to be completed 2 weeks in advance. Council concurred to agendize for the next meeting to consider canceling the Dec. 16 and/or the Jan. 6 meeting. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:15 a.m. on Wednesday, Oct. 22 the City Council adjourned to Friday, Oct. 24 at 8:00 a.m. for a closed session to interview candidates for the City Attorney position, City Hall, Conf. Room A, 10300 To^rreQAvenue. ~~ ~~ Grace Schmidt, Deputy City Clerk October 21, 2008 Cupertino City Council Page 1 O 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.ore. Click on Agendas 8c Minutes/City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.ors and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.