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CC 07-06-04 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, July 6, 2004 ROLL CALL At 3:00 p.m. Mayor James called the meeting to order in the Blackberry Farm Retreat Center, 21975 San Fernando Avenue, Cupertino. 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, City Attorney Charles Kilian, and City Clerk Kimberly Smith. STUDY SESSION 1. Discuss the process for evaluating the City Attorney position. City Manager David Knapp highlighted the duties of the City Attorney. He said the position is counsel for the City Council, makes sure the laws of the city are enforced and prosecutes them as necessary, and provides day-to-day advice and alternatives. This position is also counsel to commissions and staff. City Attorney Charles Kilian clari tied that although the position is appointed by the City Council, the incumbent serves as ¡he attorney for the City of Cupertino as an agency. Council members discussed the process and criteria for evaluating this position on an annual basis. Kilian distributed a memorandum dated July 2 that listed the issues that primarily involve the attorney's office. These included: Lawsuits, code enforcement prosecutions, resolutions, review of city policies and ordinances, contracts, elections, Conflicts of Interest, bidding procedures, leases, land use documents, the housing and below-ll1arkct- rate programs, the Community Development Block Grant (CDBG) program. bankruptcies and claims, franchise agreements, and legal research and interpretation. The Cit) Attorney is also a member of the Redevelopment Agency. Kilian clarified that he IS appointed by the City Council, but is actually the attorney for the City of Cupertino as an agency. July 6, 2004 Cupertino City Council Page 2 City Manager David Knapp said that this position is also an important member of the six- person senior staff team. The City Attorney explained that his duties also included advising the Councilll1ell1hcrs on issues related to the various committees on which they serve. The Council members discussed some ideas for an appraisal form to be developed. including sections on on communication and interaction style (with City Manager, City Council, staff and individual Council members) and relationships with residents and commissions (particularly the Planning Commission). The Council members said it would be helpful to see a list of the attorney's activities, and concurred they would like the attorney to prepare an "items of interest" report on his workload and on changing legislation or case law, on a quarterly or monthly basis. Kilian clarified that any confidential matters would be provided in a different format. Lowenthal asked that the attorney provide his subjective advice prior to Council's decisions. Kilian said that he did not want to risk leading the Council in terms of policy questions, but he could provide his subjective opinion in general matters, and would inform the Council when that was the case. He said the best way to do that would be in individual meetings or phone calls with the Council members, or he could attend the weekly Council member's meeting with the City Manager. Mayor James asked the Council members to look through the sall1ple materials dill! provide any additional comments to the City Manager regarding the process. pollc\. 'lild creating an evaluation tool. She asked that this item be scheduled again at a Slud\ sessions. RECESS Council recessed from 4:30 p.m. to 4:40 p.m. 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: nonc. Planning Commission members present: Chairperson Taghi Saadati, Vice-Chair Gilbert Wong. and Commissioners Lisa Giefer and Marty Miller. Planning Commissioners absent: Angela Chen. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, and City Clerk Kimberly Smith. July 6, 2004 Cupertino City Council Page ~ Also present at the meeting were Emily Chen, Alan Wong, and Mike Rohde (Yallco), Kirk Ellis and Todd Stoutenborough (architects); and Mark Burns (Chamber of Commerce) STUDY SESSION 2. Joint study session (City Council and Planning Commission) to review the proposed development of 138,500 square feet of retail space, 204 residential units and a parking garage at Valko Fashion Park ("Rose Bowl" site at Wolfe Road and Valko Parkway). Community Development Director Steve Piasecki said that this proposal is pan ot' ¡hc Redevelopment Plan that the owners of Vall co Fashion Park are undertaking. lie scud II included the "Rose Bowl" site and some planned retail shops next to Macy's on the nonh side of Valko Parkway. He said that the Dynasty Restaurant is now open for business. Alexander's Steakhouse is under reconstruction to open in the fall, the Cultural Arts Center is open, and the Development Agreement has been amended to relocatc thc cinemas to a position over the mall shops. City Planner Ciddy Wordell gave an overview of the proposal, which would include 204 residential units, 105,000 square feet of retail in the "Rose Bowl" arca. plus ](',0011 square feet of retail along Wolfe Road near Penny's, She said the height ot' ¡he residential/retail mixed use is 60 feet, with four stories above ground and one lower-level parking garage. The density is 27 units per gross acre and 35 feet per net acre. She highlighted items raised in the staff report including: (1) Questions about building setbacks and adequate sidewalk width along Valko Parkway for pedestrians; (2) The relationship of the parking garage to the residential units regarding visual, noise, and exhaust impacts to residents; (3) The noise impacts of loading docks below residential units; (4) The relationship of the south elevation to the Menlo Equities development regarding visual and noise impacts; (4) Parking along Valko Parkway; (5) Detailing of architectural design and the industrial look of the parking garage; (6) Concern that courtyards might be too small to provide good landscaping amenities for the reSldel1llal areas; (7) and tree removal and replacement concerns. Wordell said that the project IS scheduled to go through an environmental review in August and to a public hearing in September. Todd Stoutenborough, Principle Architect from Perkowitz + Ruth Architects, provided more details about the "Rose Bowl" site. He said that the campus plan would consist of theaters over the mall, closer and more balanced parking, and more retail on the street to create a focal point with a "town center" feel. He further explained that the stores would be an eclectic mix, and the architecture would look like it was a serics of separate buildings each with its own character. Kirk Ellis, Perkowitz + Ruth Architects, talked about access, circulation, and parking elevations; changes in façade for visual interest; and the different architectural styles. July 6, 2004 Cupertino City Council Page 4 Lowenthal commented on walkability and the possibility of using the intersection near the proposed theaters as an underpass for cars, and/or a "free walk" crosswalk area for pedestrians to be able to cross the street diagonally. Wang asked about school impacts with the additional residential units, Wmlkll responded that this would be looked at along with the environmental analysis prior to the pubic hearing. Kwok said he wanted to make sure that the character and richness of the whole project is brought in, comparing the old JC Penny with the new Menlo Equity development, to be sure that everything doesn't look the same. Sandoval urged the exploration of the "free walk" intersection and wanted more work to be done with the elevation facing the Menlo Equities development. She also commented that bicycle racks need to be integrated into the plan, especially at the market site. James said she liked the architectural look of the separate buildings and the main street look. She agreed with Sandoval about the elevation adjacent to Menlo Equities. She said that she is usually opposed to removing trees, but in this case she wouldn't oppose the tree removal to make Wolfe Road more pedestrian friendly. RECESS Council recessed from 6:05 to 6:50 p.m. PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor James 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 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, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Recreation Supervisor Mike O'Dowd, Public Information Officer Rick Kitson, Finance Manager Carol Augustine, and City Clerk Kimberly Smith. July 6,2004 Cupertino City Council r'lgc' , CEREMONIAL MATTERS - PRESENTATIONS 3. Proclamation recognizing Teen Commissioner Danh Trang. (No documentation in packet). Mayor James presented the proclamation honoring Trang for his selec!Ìon as one of 65 students in the nation to be invited to Washington D.c. for the National Conference by Youth with Disabilities. Trang offered his thanks to his family and Mayor James, Hc said he had learned a lot by serving on the Teen Commission and felt this conference would be a good next step because he would have the opportunity to meet with congressmen and senators and to learn about new laws and policies. He said he hoped to bring more awareness and representation to both youth and adult communities of disabled individuals. POSTPONEMENTS The City Clerk said that the applicant had requested a two-week continuance on item No. 11. SandovallKwok moved and seconded to discuss the item before continuing it. Motion carried hy the following vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: Jamcs, Absent: None WRITTEN COMMUNICATIONS - None The City Clerk said Council had been given written correspondence from Gilbert Wong related to item Nos. 9 and II. ORAL COMMUNICATIONS Sheila Moha, representing the Library Commission, thanked the Council and public for thcir support for the new library. She said the steering committee; the Friends of the Library, and the Library Foundation are all helping to coordinate the opening day events, scheduled Cor October 29 and 30. She reported that the current, temporary library has the second-highest circulation In the County, and self-checkout now comprises 75% of all items checked out. She explained that the library also faces budget difficulties, and they have now closed on Sundays. Mohan said that although two long-term employees had retired and one person had transferred, the library continues to offer story time and Mandarin language classes. She asked the public to suppot1the Save Our Library campaign on the ballot in 2005. Public Information Officer Rick Kitson said that anyone wishing to donate to the Librdl'\ Campaign could find information on www.cupertinolibrary.org, Ali Yazdi, Anthony Way, said that he moved into his home two years ago and the nearby horsc boarding area creates dust, which bothers his son's allergies. He said that he and his neighbors are requesting that the City examine the code in this area to determine if it is sufficient, to strengthen it if necessary, and to enforce the provisions. July 6,2004 Cupertino City Council Page 6 CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, except for item Nos. 4 and 7, which were pulled for discussion, Yote: Ayes James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None, 5. Adopt resolutions accepting Accounts Payable for June 18 and 25, Resolution Nos. 04- 346 and 04-347. 6. Adopt a resolution accepting Payroll for June 18, Resolution No. 04-348, 8. Adopt a resolution setting a hearing date of July 19 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds). resolution No. 04-349. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Approve the minutes from the June 17 and 21 City Council meetings. Lowenthal/Sandoval moved and seconded to approve the minutes of June 17, as corrected on page 3, item 13, and clarified on page 4, item 12; and to approve the minutes of .IlIl1e 21, with a clarification on page 8 related to a liquor license, Vote: Ayes: .lames. K\\l1k. Lowenthal, Sandoval, and Wang. Noes: None. Absent: None, 7. Accept the Treasurer's Budget Report for May 2004. Finance Manager Carol Augustine provided clarification on several items, Wang/Lowenthal moved and seconded to accept the report. Vote: Ayes: .lames, Kwok. Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARINGS 9. Consider approving Application No.(s) ASA-2004-06, EXC-2004-06; Dahlin Group, Inc.; Southwest corner of Rodrigues and Torre Avenues; APN 369-40-017: a) Architectural and site approval for a 51-unit townhome development as part of the Civic Park approval b) An Exception to the Heart of the City Specific Plan Community Development' Director Steve Piasecki reviewed the staff report. He said there were two exceptions for the Heart of the City Plan for two of the units in order to maintain symmetry and keep the open spaee in the other parts o!' the site. He explained that the concept of an exception was written into the Heart o! the City Plan to provide for design flexibility but the Council could amend the Plan ifit so desired. July 6,2004 Cupertino City Council Page 7 Kwok talked about amending the Heart of the City Plan in the future so that exceptions don't need to be brought forth. He explained that consistency between projects was important rather than considering projects on a case-by-case basis and offering exceptions. Applicant Jim Yee, Dahlin Group Architects, reviewed the project and explained that the project is designed to separate the cars from the pedestrians so the two buildings needed to be pushed out 3 feet, creating a need for an exception, He said that they had already made some sacrifices to the units to make them work with the site plan. Discussion followed about the exception process. Kwok and Wang were not in favor of allowing exceptions. Kwok suggested amending the Heart of the City Specific Plan so exceptions wouldn't be necessary. Wang said suburban features of Cupertino are changed too much when exceptions are granted, Lowenthal, Sandoval and James were not in favor 01' relaxing the standards <tIle! found the exception process acceptable. Lowenthal saJd he would be In l'al'or or increasing notice for exceptions. James provided some background on the project, and said that when it was originally proposed, the majority of Council in favor of the proposal. However, in response to community members' concerns, the project's density and height were reduced and the rental housing portion was replaced with for-sale housing. SandovallLowenthal moved and seconded the approval of the architectural and site plan for the 51-unit townhome development and the exception to the Heart of the City Specific Plan. Kwok said he would not support the exception request. He said he liked the project as a whole, but wanted to send a message to the community that although Council has the power to grant exceptions, it takes into consideration the gravity of granting them. Sandoval rescinded her original motion to make it two parts. SandovallLowenthal moved and seconded to approve the architectural and site plan for the 51-unit townhome development. The motion carried by thc following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. SandovallLowenthal moved and seconded the exception to the Heart of the City Specific Plan. The motion carried by the following vote: Ayes: James, Lowenthal, and Sandoval. Noes: Kwok and Wang. Absent: None. July 6, 2004 Cupertino City Council Page 8 10. Consider approving Application No.(s) ASA-2004-07; Ren Bates I Carducci Associates, Town Center Lane; APN(s) 369-40-002, 369-40-016, and 369-40-017: a) Architectural and site approval for an approved park space as part 01 the ('II IC Park development Community Development Director Steve Piasecki reviewed the staff report. Applicant Ed Storm said that the applicants would work with staff to include bike racks in both the park location and the RI zone as requested by the City Counci I He also said that benches and garbage bins would be added to the park, He clarified that the fountain would not be a rotating. granite sphere as stated ill Ihl' plan, but a standard fountain. Council asked the applicant to continue the item in order to see what the plans would look like, and Storm agreed. LowenthallKwok moved and seconded to continue the item to July 19. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS 11. Consider denying Application No.(s) M-2004-03, TM-2004-04, EA-2004-06; Deke Hunter; 10430 S. De Anza Blvd., APN 369-40-002: a) A modification to allow the conversion of an existing two-story office building into office condominiums b) A tentative map application to create 20 office condominiums in an existing office building on Lot 5 (Civic Park development) The applicant had submitted an email requesting an extension of two weeks to provide additional info as requested by the Planning Commission. Community Development Director Steve Piasecki said that staff was concerned how an older building would integrate into the Master Plan, so the applicant asked for a continuance to develop alternatives for architectural upgrades, landscape enhancements and integration, etc. Sandoval said that she would like to see clear integration, and articulation plans because the City is dealing with many owners of a piece of property. She also said she had all issue regarding vesting. July 6, 2004 Cupertino City Council Pagc' (J Piasecki responded that the developers wanted to pursue it as a vesting map, but due to the City ordinance, they would have complete their building plans which would take quite a while to do, He said that the developers could accomplish the same thing by demonstrating to Council what they intend to do architecturally and from a landscape, integration, and enhancement basis to show that Building E, with enhancements, could integrate well into the Master Plan. Lowenthal/Sandoval moved and seconded to continue this item to the next meeting, Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. UNFINISHED BUSINESS - None NEW BUSINESS 12. Adopt a resolution authorizing the City Manager to make any future adjustments to Parks and Recreation fees, Resolution No. 04-350. Discussion followed regarding the Council's philosophy of fees, They felt residents should pay less than non-residents; and that mid-season fee increases are inappropriate Kwok/Lowenthal moved and seconded to adopt the resolution with an additional paragraph which states that "The City Manager will inform the City Council of fee changes as they occur", and asked that the City Manager come back to Council with a policy statement for their review. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 13. Approve fiscal year 2004-05 terms and conditions of employment for the bargaining unit represented by Operating Engineers Local Union No.3 (OE3): a) Amend the Memorandum of Understanding between the City and the Operating Engineers Local Union No.3 (OE3), Resolution No. 04-351 b) Fix the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act) for OE3, Resolution No. 04-352 c) Establish a health benefit, vesting requirement for future retirees under the Public Employees' Medical and Hospital Care Act, Resolution No, 04-353 The staff report had been distributed after the packet was printed, and was available as an exhibit. LowenthallKwok moved and seconded to adopt Resolution Nos. 04-351, 04-352, and 04- 353. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None, Absent: None. ' July 6, 2004 CupertIno CIty CouncIl Page 10 ORDINANCES 14. Conduct the second reading of Ordinance No. 1939 prohibiting skateboarding and rollerblading at Cali Mill Plaza and Civic Center Plaza: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.08.270 Related to Skateboarding and Roller Skating at the Civic Center Plaza." Kwok/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None, KwokiSandoval moved and seconded to enact Ordinance No. 1939 for purposes 01' discussion. Council members talked about whether skateboarding al1d rollcrblading should be completely banned or restricted to certain areas. The motion was rescinded. Lowenthal/Sandoval moved to create an ad hoc committee of Sandoval and Lowenthal, who will work with staff and a representative of the Teen Commission to revise the wording and bring it back to the City Council on August 16. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang, Noes: None. Absent: None. 15. Conduct the second reading of Ordinance No. 1940: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.100 and 11.29 of the Cupertino Municipal Code Related to Parking Regulations." KwokiSandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. KwokiSandoval moved and seconded to enact Ordinance No. 1940, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Ayes: James. STAFF REPORTS 16. Receive report on Blackberry Farm maintenance. Recreation Supervisor Mike O'Dowd reviewed the staffreport and reviewed all the steps that had been completed to meet the recommendations of Santa Clara County Vector Control. He also explained how the regular maintenance schedule had been modified and improved. Rhoda Fry, San Fernando Avenue, said that the staff report appeared to be more about the protocol of reporting, but there were still ongoing problems with uncovered IÓod helm! improperly placed in the plant dumpster. July 6, 2004 Cupertino City Council Page 11 City Manager David Knapp said that he had personally observed the site and had not seen any trash in the park. He said that he has not seen animals in any of the garbage cans, and has seen the trash being collected regularly. Council received the report and no action was taken. 17. Receive report on financial review of festivals. (No documentation in packet), City Manager David Knapp said that a financial review was undertaken because of the possible inappropriate use of monies by festivals that are supported by the City of Cupertino. Finance Manager Carol Augustine said that staff had begun examining the financial records of the City's festivals, and so far they have completed examinations of the Moon Festival and the Cupertino Rotary Club's Oktoberfest. She said that no discrepancies had been found in either group. Wang distributed a letter dated July I addressed to the City Manager listing spccilic inquiries that were to be made about the Moon festival review. She also distributed a copy of the Moon Festival program and said that the total amount of sponsorships shown in the program did not match with the information in the financial review. The Council discussed the permit requirements for festivals, what criteria should be used in the future to issue such permits, and whether to continue with the financial review of the remaining festivals. Mark Burns, representing the Cupertino Chamber of Commerce, talked about the services that the Chamber provides to the community, and said they would be happy to open their books to the City, or to serve as consultants in crafting a policy. Wang/Kwok moved and seconded that staff should continue with the examination of the financial reports for all festivals. The motion failed by the following vote: Ayes: Kwok. Wang. Noes: James, Lowenthal, and Sandoval. Absent: None. Sandoval moved to create an ad-hoc committee of two Council members to look at thc current policies on festivals. The committee would work with staff to review the information that the City has on current festivals that are approved anl1ually, and then bring that information back to the Council to decide what they want to do with the information. Kwok seconded, and the motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including: (I) the success of this year's Fourth of July festivities and fireworks show; how much people seemed to enjoy the community camaraderie resulting from several different viewing July 6, 2004 Cupertino City Council Page \2 locations; and the thanks owed to the Sheriff, Fire, CARES, and CERT workers and volunteers. as well as Orrin Mahoney as Uncle Sam; (2) the recent humanitarian trip by Rotary volunteers to Guatemala; (3) the Cupertino Chamber of Commerce Fun in the Sun festival; (4) and the 40'" anniversary celebration by the Sunnyview Retirement Community. CLOSED SESSION 18. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood. Carol Augustine, and Sandy Abe concerning labor negotiations with Opcrallll~ Engineer's Local No.3. This item was tabled. ADJOURNMENT At 9:55 p.m. the meeting was adjourned in memory of Mayor James' mother who had passed away the previous evening. 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 Clt) Channel, 777-2364.