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CC 03-01-04 CITY OF CUPEI\11NO APPROVED MINUTES CUPERTINO CITY COUNCIL CUPERTINO PLANNING COMMISSION Regular Adjourned Meeting Monday, March 1, 2004 CALL TO ORDER At 5:00 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, Califomia, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Planning Commission members present: ChairpersonTaghi Saadati, Vice-Chair Gilbert Wong, and Commissioners Lisa Giefer, Marty Miller, and Angela Chen. Commissioners absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, City Planner Cynthia Wordell, Senior Planner Vera Gil, Senior Planner Peter Gilli, and Deputy City Clerk Grace Johnson. STUDY SESSION - Council Chambers 1. Joint study session with the Planning Commission to consider recommendations ITom the General Plan Task Force. City Planner Cynthia Wordell gave a briefPowerPoint presentation on the General Plan Task Force and said that they met almost weekly ITom July-December of2003. She said the purpose of the joint study sessions were to have Council authorize a public hearing on the draft General Plan. She said the draft would then be formatted, published with an Environmental Impact Report (ErR), and circulated. General Plan Task Force member Andrea Harris gave a PowerPoint presentation titled, "Community Form and Housing" which gave the Task Force recommendations regarding street width, commercial development, residential development, mixed use, affordable housing, housing densities, building heights, jobslhousing balance, and economic development. Her presentation also included some recommended changes to the General March J, 2004 Cupertino City Council Page 2 Plan language regarding pocket parks, view preservation, housing impacts on schools, and below market rate housing. General Plan Task Force member Mark Burns gave a PowerPoint presentation titled, "Circulation." He said that the major issues discussed within this topic were the jobs/housing balance, reduced street width, traffic level of service/pedestrians, and traffic calming measures. General Plan Task Force member Lisa Giefer gave a PowerPoint presentation titled, "Environmental Resources and Sustainability." The highlights included the need to establish a Task Force Commission, educate the public on sustainability through postings on the website and in the Scene, and to preserve watersheds, promote water conservation, and reduce solid waste. General Plan Task Force member Frannie Edwards-Winslow gave a PowerPoint presentation titled, "Health and Safety." She said the major issues discussed included seismic/geologic review process, smoke detectors, wood shake abatement, volunteers as disaster service workers, and flood insurance maps. RECESS The City Council recessed ITom 6:44 p.m. to 7:00 p.m. The Planning Commission adjourned at 6:44 p.m. to Conference Room A for a discussion on the RI zone survey. ROLL CALL At 7:00 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre A venue, Cupertino, California. City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Senior Planner Colin Jung, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None March J, 2004 Cupertino City Council Page 3 ORAL COMMUNICATIONS Mr. Shing-Shwang Yao, Elm Court, distributed photographs of flooding on Elm Court and said the problem still exists in spite of modifications. He explained that in the recent stOrm a manhole cover floated off the drain, and this created a very dangerous situation. He asked that the city take action to address the problem that is originating on Bubb Road. City Manager David Knapp said that the Public Works Director could not be at the meeting tonight, but he had prepared a memorandum on the situation. Mr. Yao was given a copy of the memorandum dated March 1, 2004, titled Elm Court Storm Drain System. Kendra McIntyre, S. Stelling Road, distributed 4 photos of traffic backed up on Stelling Road when school is in session, and complained of continuing traffic congestion on Stelling and Stevens Creek Boulevard. She noted in one case a bus was grid locked in the middle of the intersection. She said there was a plan to put more townhouses on Stevens Creek, and she asked that Council consider very seriously whether to allow additional housing in the area. George Maclin, Elm Court, says that Elm Court floods almost every year and each time it causes erosion on his property, as well as damage to his lawn and the deposit of trash. He asked that the City take a more aggressive approach. He also said he had reported the flooding by calling 911, but was told that was not the correct number. City Manager David Knapp said that the city pays for the 911 service and it is the preferred number to call for this type of situation, because then the dispatch office can quickly reach the appropriate staff members. He said he would follow up on that issue. Lee Shodiss, Elm court, said he had complained about flooding on Elm court for over a year, and when he inquired about contingency plans he was told the problem had been fixed. He felt the Public Works Director's memorandum was incorrect in a couple of areas, and that the flooding had actually been deeper and lasted longer than was stated in the memorandum. He asked for a meeting between the Elm Court residents and the appropriate staff members to make sure they are getting accurate information. City Manager David Knapp explained that the fundamental problem is that the 27-inch line on McClellan Road reaches capacity and it causes other lines to back up. When the additional drain was added to Elm Court, it was understood that would only be a temporary solution. Knapp said that replacing the McClellan line will cost between $1 million and $2 million, and it is the top priority item on the list of large-scale public works improvements, but it will probably take more than a year or two to add another line to the street. James Mac Hale, Elm Court, said he was glad to hear the problem has been acknowledged, but that the Public Works memorandum seems to be at odds with the City Manager's comments. He said they would appreciate any short-term measures that could be provided. Penny Whittaker, Cheryl Drive, discussed the need for preserving open space. She said that while campaigning, Council member Lowenthal spoke in favor of more open space and parks, but once he was sworn in for a second term he voted in favor of high-density housing at the oaks. Open space that is a concrete parking lot is better than no open space at all. She also commented March I, 2004 Cupertino City Council Page 4 on an editorial in last week's Courier, and said that the CCC has not taken a stand on any big box retail and gave their website address. Ned Britt, representing the Concerned Citizens of Cupertino (CCC), said that the group planned to file three initiatives with the City Clerk. He emphasized that they were not opposed to growth or to the actions of the City Council. He explained that the general plan amendments set forth in the initiatives would permit retail business in the city to flourish and the proponents wish to work with council to enact these amendments. He read the cover letter that would accompany the initiatives, and encouraged council to suggest changes. He said that the CCC preferred that the City Council enact the amendments containing the proposed language or other language that meets their concerns, and offer them for voter approval. Robert Levy, Wilkinson Avenue, objected that Council's study session with the General Plan Task Force was being held on Election Day; he was working at a polling place all day and others may have the same concern. Levy said that he had reported a water leak in the street and felt the city's response could have been more careful. Also, he suggested naming a floor of the new library after the former users of the Cupertino Water District, which had contributed $9.3 million to the city, not of their own volition. CONSENT CALENDAR Lowenthal/Kwok 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: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 1. Approve the minutes from the February 17 City Council meeting. 2. Adopt resolutions accepting Accounts Payable for February 13 and 20, Resolution Nos. 04-274 and 04-275. 4. Approve the Annual Investment policy. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Accept the Comprehensive Annual Financial Report (CAFR) for 2002-03. Sandoval said the Audit Committee had reviewed the CAFR in depth, and she thanked Carol Atwood and Carol Augustine for their work on the report. Sandoval/Kwok moved and seconded to accept the Comprehensive Annual Financial Report for 2002-03. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. March I, 2004 Cupertino City Council Page 5 PUBLIC HEARINGS 5. Consider appeals of Application Nos. U-2003-13, ASA-2003-09, and EA-2003-18, Lisa Brooke/Kindercare, to allow the operation of a daycare facility in an existing building with a maximum occupancy of 148 children and 21 employees at 1515 S. De Anza Boulevard, APN No. 366-10-127. Senior Planner Colin Jung reviewed the staff report and explained that there had been two appellants, Kindercare and some of the neighbors on Jamestown Drive. He said that Kindercare had verbally withdrawn its appeal. He said the neighbors had expressed a concern with cut-through traffic that was not addressed in the traffic report, and Council may wish to approve an additional condition on that topic. Community Development Director Steve Piasecki noted that the neighbors had originally appealed this item on the noise issue. Noise readings were taken and the information provided to the neighbors. Piasecki said they had originally been under the impression that the outdoor play area was next to their back fence, when it's actually 150 feet away. From the audience, Lisa Brooke, representing the applicant, indicated they were willing to accept the additional condition about cut-through traffic proposed in the staffreport. Mark Burns, representing the Chamber of Commerce, said that the Chambers has not taken a position specifically on the Kindercare application, but the Chamber did feel that retail space should be retained as retail whenever possible. He said changing retail space to other uses, whether temporary or permanent, has a serious effect over the long term by keeping retail and other commercial developments away. Lisa Brooke, representing Kindercare, explained that the applicant has chosen to run this center under a preschool license, and they will only service children 6 weeks to 4 years of age. She said that was an operational decision based on the demographics of the area and the limitations of the building, and if they wished to accept older children they would have to restructure the entire building and obtain a different kind of license. Sandoval/Lowenthal moved and seconded to deny the Jamestown appeal and uphold the Planning Commission's decision. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Sandoval amended her motion to include new condition No. 33, to read as follows. Lowenthal accepted the amendment. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Potential cut-through traffic: The applicant shall notify all customers and employees to respect the adjacent residential neighborhood by not driving through local residential streets. If cut-through traffic becomes a problem on adjacent residential streets, the Public Works Department shall evaluate the traffic and March J, 2004 Cupertino City Council Page 6 implement mitigation measures consistent with the General Plan Transportation Policy No. 4-6 (Neighborhood Traffic Management). 6. Consider request to reconsider Application Nos. Z-2003-03, TM-2003-03, V-2003-05, EXC-2003-04, EA-2003-II, Ken Busch! Regis Homes, 21255 Stevens Creek Boulevard, APN(s): 326-27-035 (Oaks Shopping Center). (Continued from 2/17/04). The City Clerk distributed a letter from Ken Busch, representing the applicant, stating that they withdrew their request for reconsideration of The Oaks mixed-use community plan. Marilyn Howard, E. Estates Drive, representing Cupertino-Sunnyvale League of Women Voters, said that the League would have supported this project even if it had been modified because it met their criteria of supporting below-market value and affordable housing for the area. Nadeane Diede, Esquire Place, said she was disappointed the Oaks development projects keep coming up, and felt it was because the management wants to make a business plan. She asked that the Council encourage future applicants to check with the college and neighborhood to see what would be viable and would enhance the community. She did not think that housing was a good solution in this location. Jean Schwab, Mary Avenue, said she felt that retail in this location was very important, and had heard that the landlord had not been helpful to the existing tenants. She suggested that the City Council make contact with previous retailers to find out why they left. Lowenthal commented that members of council have met with the leasing agent, with three of the current retail tenants, and had phone conversations with two others. He said that Council was involved, but it is difficult when the owner is not as aggressive as they would like. Sandra James said that Council members are actively looking for retailers, but the owner does have some property rights that cannot be circumvented. Mark Burns, representing the Cupertino Chamber of Commerce, reiterated the Chamber's general policy to oppose the removal of retail space, whether actual or potential, because it negatively affects the long-term viability of the city, which is dependent on sales tax. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 7. Approve the Planning Commission work program for 2004. The Planning Commission Work Plan included the following goals and projects: March J, 2004 Cupertino City Council Page 7 City Council Goals . General Plan: Streetscape plan for Crossroads, policies to promote economic development including transportation implications, adoption of General Plan . Process Vallco use permit . Complete Monta Vista annexation . Locate a park in the Val1co area Planning Projects . Rl Ordinance Review . Parking Ordinance Review . Monta Vista Neighborhood Planning Project . Fence Ordinance Review . Wireless Master Plan ordinance Private Projects . Oaks . Adobe Inn . Possible mixed use on "Barry Swenson" property . Val1co (as mentioned in the Council Goals Section) During the discussion of this item, the Council clarified that they were willing to entertain new plans, and developers should not feel compelled to wait for the General Plan amendment to be adopted. Community Development Director Steve Piasecki said that he would remind applicants of that policy. Piasecki noted that the Economic Development Committee had asked for a map showing spaces available for lease, with square footage and zoning information, and that the map would be provided later this month. Kwok/Sandoval moved and seconded to approve the 2004 Planning Commission Work Program, with the following amendments: Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 1. Change implementation date for "Pursue Downtown Opportunities" from "Summer 2004" to "following General Plan adoption" 2. Add the word "cinema" to the list of desired tenants in the Economic Development goal, second bullet under V ALLCO Fashion Park Redevelopment; 3. Add the phrase "also in the Rancho Rinconada area" to the future park locations under the V ALLCO Neighborhood Park goal. ORDINANCES - None March J, 2004 Cupertino City Council Page 8 STAFF REPORTS - None COUNCIL REPORTS- None CLOSED SESSION At 8:25 p.m. Council recessed to a closed session. At 8:55 p.m. Council reconvened in open session. The City Attorney announced that Council had met in closed session with its representatives, and direction was given to negotiate terms along the lines discussed in closed session. ADJOURNMENT At 8:56 p.m. the meeting was adjourned to Tuesday, March 2 from 3:00 p.m. to 6:00 p.m. for a joint study session with the Planning Commission to consider recommendations ITom the General Plan Task Force, Council Chambers, City Hall, 10300 Torre Avenue. 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, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.