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CC 11-16-04 · CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, November 16, 2004 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chamber, 10350 Torre A venue, 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. CEREMONIAL MATTERS - PRESENTATIONS Mayor James reordered the ceremonial matters as follows: · Mayor James presented a proclamation to u.S. Marine Corporal Jason Poole, who had been severely injured in a terrorist bombing in Iraq, and acknowledged his service, leadership, and heroism. 2. Mayor James presented a proclamation to Dr. Fred W. Schwertley for his years of service to the community, including past military service, participation in all positions and offices of the Cupertino Host Lions, and over 30 years of medical practice. 3. Mayor James presented a proclamation to PG&E representatives Darren Deffuer and Jerry Timiraos acknowledging the work done to restore electrical power to the City after a recent construction accident caused a major power outage. 1. Mayor James presented a proclamation to Barry Del Buono of the Emergency Housing Consortium, in acknowledgement of Hunger and Homelessness Awareness Week. · Mayor James said that a proclamation had also been prepared designating November 15- 19 as Youth Appreciation Week recognizing the City's youth for their accomplishments and dedication. That proclamation is being presented in another meeting this evening. WRITTEN COMMUNICATIONS - None Mayor James reordered the agenda to hear item No. 18 next. November 16, 2004 Cupertino City Council Page 2 NEW BUSINESS 18. Auction of Surplus Property-Oak Valley lots, APN Nos. 342-58-011, 342-59-002, and 342-59-013. (No documentation in packet). Public Works Director Ralph Qualls said that two bids had been received for Assessor's Parcel No. 342-59-013. He recommended that the City Council accept the bid from Mr. Mark Whitcomb in the amount of $1,200,000, which was the minimum acceptable bid and which is slightly below the appraised value. He also recommended that the Council reject the $850,000 bid received from Mr. Robert Adzich for either lot 13 or lot II. Council discussion followed regarding the appropriate time to sell the properties, whether another round of auctions should be tried or if the properties should be sold through an agent, and how the funds might be used. Lowenthal moved to approve the sale of Lot 13 to March Whitcomb for $1.200,000. Sandoval seconded for purposes of discussion, and offered a friendly amendment to the motion to put the revenue from the sale into a specific line item so it can be specifically addressed in budget discussions, instead of putting it into the general fund. Lowenthal said he would accept the amendment if Sandoval would agree to earmark it for discussion in the goals planning meeting, but not create a new account. The City Manager said that although there is not an immediate cash flow problem, the adopted budget relies upon the sale of surplus property in order to balance the budget. Sandoval rescinded her amendment. He said that there are three reasons to sell the property at this time: (I) There is some level of uncertainty about future market prices (2) The present value of money tends to exceed the future value of money; and (3) Money in hand produces interest. The motion to sell Lot 13 for $1,200,000 carried by the following vote: Council members James, Lowenthal, and Sandoval. Noes: Council members Kwok and Wang. Absent: None. POSTPONEMENTS Item No. 14, regarding the Vallco Mall "Rose Bowl" development, was pulled from the agenda at the request of the applicant. It will be placed on a future agenda. Item No. 16, regarding a semi-rural designation for Camino Vista Drive, Dubon Avenue, and Prado Vista Drive, was deferred to the meeting of December 7 at the request of some of the neighborhood residents. November 16, 2004 Cupertino City Council Page 3 ORAL COMMUNICATIONS Robert Levy talked about problems in the new Community Hall including temperature control, lighting for the Council and the audience, and that the large view-screens in the audience would be more effectively used if they showed the television broadcast. Mayor James asked for patience from the audience as the many new features of the new meeting room were being refined. CONSENT CALENDAR Lowenthal/Wang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item Nos. 4 and 5 that Were pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 6. Adopt a resolution accepting Payroll for November 5, Resolution No. 04-439. 7. Declare weeds on certain properties a nuisance, and set a hearing date for January 4, Resolution No. 04-440. 8. Approve applications for an Alcoholic Beverage License: a) Oakmont Market, 19944 Homestead Road (Oakmont Square Shopping Center) b) Alexander's Steakhouse, Inc., 10330 Wolfe Road (Vallco Fashion Park) 9. Accept a City project performed under contract for City Center Park Project/Cali Mill Plaza, Project No. 2003-9313, Robert A. Bothman, Inc. (No documentation in packet). 10. Adopt a resolution approving an Improvement Agreement for Chih-Heng Wei and Jeng- Rong Shaw, husband and wife, as community property, 21089 Greenleaf Drive, APN 326-08-031, Resolution No. 04-441. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Approve the minutes from the October 18 and November 1 City Council meetings. The City Clerk noted that the minutes of October 18, 2004, should be amended to include the following corrections: · Page 2, 5th paragraph, correct the name to read Edward (Ned) Britt · Page 4, 2nd paragraph, correct the title to read Parks and Recreation Director · Page 6, 3rd paragraph, correct grammatical error · Page 6, 5th paragraph, correct text to show that the Council initiates the process November 16,2004 Cupertino City Council Page 4 Sandoval/Kwok moved and seconded to adopt the minutes of October 18, 2004, as corrected. Tbe motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 5. Adopt resolutions accepting Accounts Payable for October 29 and November 5, Resolution Nos. 04-437 and 04-438. Wang/James moved and seconded to adopt Resolutions No. 04-437 and 04-438, on the condition that the City Manager provide information in the form of a memorandum eXplaining the status of San Jose Water and PG&E bills on property that the City is renting out. The motion carried unanimously. PUBLIC HEARINGS 11. Consider amendments to Chapter 19.28 of the Cupertino Municipal Code (R1 Ordinance), Application No.(s) MCA-2003-02, EA-2002-19, City of Cupertino, Citywide. (This item was continued from 11/1/04): a) Grant a negative declaration b) Conduct the first reading of Ordinance No. 1949: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28, Single Family Residential Zones (RI) ofthe Cupertino Municipal Code" Senior Planner Peter Gilli reviewed a slide show illustrating the proposed changes to the R -I ordinance, with emphasis on these items in which the staff recommendation differed from that of the Planning Commission: (I) A variance to exceed a 45% floor area ratio (FAR); (2) Adjusting the trigger point for increased regulation of hillside projects; (3) Replacing specific language with more general language in the guidelines section of the ordinance; (4) Retaining story poles to illustrate the size and height of new second stories; (5) And a reduction in many of the fees because of the elimination of some public hearings. He also showed slides of models that compared second-story proportions allowed under the existing ordinance and proposed ordinance. Jennifer Griffin, Calvert Drive, spoke in favor of keeping the R-I ordinance intact and retaining the story poles requirement to show how second-story additions will look. She asked that the Council not allow second stories to be increased to 800 square feet, and not to eliminate second story setbacks. Jan Parcel asked Council to take into account the size of the lot so that there is no penalty for those who have a small house on a larger lot. Sesha spoke in favor of the proposed new R-I guidelines, and a floor area ration (FAR) because it gives more flexibility. He said that the current rules make it difficult for families with children to have decent-sized bedrooms on the second floor. November 16, 2004 Cupertino City Council Page 5 Larry Matteekins said that he had participated in the R-I amendment process in 1999, and he urged caution in making changes. He suggested that the Council take steps to insure that the discretionary review at the commission level keeps the spirit and intent of the original R -I ordinance, which may require consideration of commissioners' involvement in industry in case of a potential conflict. Mark Bums, representing the Silicon Valley Association of Realtors, said they were in support of the proposed changes, which would allow homeowners much more flexibility in adding bedrooms and bathrooms upstairs. Barry Chang said that he was in favor of the proposed changes, and that a ratio of 35% is too limited for a useful second story. Lowenthal moved to approve only the following changes: (I) RHS change; (2) Process change to require more review; (3) More specific language as recommended by staff; and (4) Increase second story maximum from 35% to 42%. Kwok seconded for purposes of discussion. James offered a friendly amendment for a second-story maximum of 40%. Kwok seconded for purposes of discussion. Wang offered a friendly amendment for a second- story maximum of 45% with 5% allowed for high ceilings; there was no second for that amendment. Lowenthal, Kwok, and James rescinded their original motion and amendment. Lowenthal offered a substitute motion and Sandoval seconded to approve the staff recommendation regarding these items (I) Sensitivity to hillsides in the RHS zone; (2) The process change to require more review; and (3) Using the specific language in the guidelines. Motion carried unanimously. KwoklLowenthal moved and seconded to keep the requirement for story poles. Motion carried by the following vote: Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: Wang. Absent: None. Lowenthal/James moved and seconded that the second story maximum be set at 40%. After discussion, Wang offered a friendly amendment for a ratio of 45%, and Kwok seconded. The motion to establish a 45% maximum for second stories carried by the following vote: Ayes: Kwok, Wang, and Sandoval. Noes: James and Lowenthal. Absent: None. Staff was asked to bring a revised ordinance back to City Council that includes the RHS change, the process change, specific guideline language, story poles, and a maximum second story area of 45%. November 16, 2004 Cupertino City Council Page 6 Mayor James reordered the agenda to discuss item No. 22 next. 22. Conduct the first reading of Ordinance No. 1953: "An ordinance of the City Council of the City of Cupertino Amending Section 2.08.090 of the Cupertino Municipal Code regarding the Order of Business for Regular Council Meetings." Lowenthal/Kwok moved and seconded to table the item, and the motion carried unanimously. RECESS City Council recessed from 9:48 p.m. to 10:05 p.m. PUBLIC HEARINGS 12. Consider Application No.(s) EXC-2004-15, U-2004-01, ASA-2004-02, EA-2004-02, Pinn Brothers, 20128 Stevens Creek Boulevard (formerly Adobe Lounge), APN No. 369- 03-001 : a) Grant a negative declaration b) Approve an Exception to the Heart of the City Specific Plan for a 5-10 foot side yard setback c) Approve a use permit for a mixed-use retail (2,000 square feet) and residential (29 units) development and the demolition of an abandoned restaurant building d) Approve architectural and site approval for a mixed-use retail (2,000 square feet) and residential (29 units) development Applicant Greg Pinn gave a brief history of the project and the uses that had been considered for this site, including a hotel. He said that 80% of the side yard setbacks exceed the minimum requirements. He said they are requesting two exceptions: To improve pedestrian and vehicle access, and to accommodate the garage for underground parking. He said they have worked with staff for over 16 months on 7 different designs and 3 different submittals. The applicants also met with the Concerned Citizens for Cupertino to discuss some project variations. He said the current proposal would bring in $25,000 in parks and recreation fees and provide 4 below-market-rate units. He said that all of the residential units would be rentals, and the retail use would probably be something like a dry cleaner or a hair salon. Curt Anderson, the project architect, explained the side yard exceptions in more detail. The Council members discussed the project and their concern with the amount of residential use at this particular site, which they felt might be better suited to a commercial use. November 16, 2004 Cupertino City Council Page 7 Greg Pinn explained the limitations on the site because of the long-term, very high lease rate, and how difficult it has been to build anything economically viable. The Council members discussed the possibility of continuing this item in order to rethink what kinds of uses they would like to see along Stevens Creek Boulevard, as well as obtaining an analysis by a neutral party such as Randall Mackley, and the applicant agreed to a continuance. Council member Lowenthal moved that the item be continued to January 4, 2005. The City Attorney said that the question for staff to study is whether there is a reasonable theoretical use of the property without constraint, as opposed to the use of the property with a $15,000 a month lease on it. Patrick Kwok seconded, and the motion carried unanimously. 13. Consider Application No.(s) Z-2004-02, EA-2004-15, Tiep Nguyen, 22570 San Juan Road, APN No. 342-18-020: a) Grant a negative declaration b) Approve the rezoning of a 1.31-acre parcel from RHS (Residential Hillside to RHS-21 (Residential Hillside Minimum Lot Size 21,000 square feet) c) Conduct the first reading of Ordinance No. 1950: "An Ordinance of the City Council of the City of Cupertino rezoning of a 1.31 acre parcel from RHS (residential hillside) to rhs-21 (residential hillside minimum lot size 21,000 square feet)" Marcus Nelson, representing the owners, said there is a 20-25% slope from the building site to Stevens Canyon Road and that is too steep for access without significant grading and retaining walls. There is also truck traffic on that road, so that is why they need access to San Juan Road. Dean Sayer said he lived about 3 doors away from this property. He said he was not opposed to the project, but was concerned about its history, because it was legally but forcibly taken away from previous owner. He explained that the owner had tried to subdivide but was refused by the City, which then took part of the land for Stevens Canyon Road. He was concerned about the possibility of 3 large homes in this area. He also asked a question about the sewer capacity. Community Development Director Steve Piasecki said that the owner will be required to meet the Sanitary District's requirements to provide sanitary hookups and not impact other residents. He said that he would confirm that this unit meets the second unit zoning requirements. Kris Wang asked if this type of subdivision of lots had been done in other adjacent' properties. Piasecki said that the Dor property is the most recent, and it is located farther south. He explained that this proposal is consistent with the city's plan for the area. November 16, 2004 Cupertino City Council Page 8 Wang asked if he saw a trend for the large hillside parcels subdividing into several smaller parcels. Piasecki said that the slope density formulas reduce building size based on the steepness on the slope. In this case, all that is happening is that the applicant is assigning the half- acre minimum formula to this parcel, otherwise the residential hillside formula already applies. He explained that the large properties near Regnart Road are under a more restrictive slope density because they are served by septic systems instead of a sewer system. KwoklLowenthal moved and seconded to grant a negative declaration. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: Wang. Absent: None. KwoklLowenthal moved and seconded to approve the rezoning to RHS-21 (Residential Hillside Minimum Lot Size 21,000 square feet). Motion carried by the following vote: Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: Wang. Absent: None. Tbe City Clerk read the title of the ordinance. KwoklLowenthal 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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. UNFINISHED BUSINESS 14. Confirm the status of the regular City Council meeting of December 21, or schedule a meeting between December 15 and 22 for Architectural and Site Review of the Vallco "Rosebowl" project. This item was pulled from the agenda at the request of the applicant. NEW BUSINESS (continued) 15. Review the bids and award the contract for the Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2004-05, to JJR Construction, Inc., in the amount of $473,000.00, and approve a contingent amount of up to $27,000.00, for additional work that may be identified and approved by the Director of Public Works, for a total of $500,000.00. Lowenthal/Kwok moved and seconded to award the project to JJR Construction, Inc., in the amount of $473,000.00 and approve a contingent amount of up to $27,000.00 for additional work that may be identified and approved by the Director of Public Works, for a total of $500,000.00. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 16. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalk and streetlights, but not for curb and gutter, on Camino Vista Drive, Dubon November 16,2004 Cupertino City Council Page 9 Avenue, and Prado Vista Drive, south of Stevens Creek Boulevard, pursuant to Ordinance No. 1925, Resolution No. 04-442. This item was deferred to December 7, 2004, at the request ofthe applicant. 23. Report regarding Poppy Way street improvements. Captain John Hirokawa, serving as the City's Chief of Police, said that there are other streets in the City with the same dimensions. In this case, where the street narrows in the northbound direction, there will be a red curb and no parking allowed. He said that the only other concern would be with line of sight, but that would be addressed if no parking were allowed. He said they had not had any experience on Poppy Way with an unusually high number of accidents compared to other residential streets. He said in Seven Springs, which also had narrow or curving roads, there had been some problems with drunk drivers. George Chien showed a DVD he had created which showed vehicles driving past the bulb-out, as well as scenes from the pedestrian viewpoint, which illustrated how narrow the street was and the difficulty that cars had in passing each other. The following individuals spoke, and their comments included: concerns about safety because of the sudden curb intrusion into the street; the new low curb is more difficult to see than the white fence which used to be there; removing the bulb-out could provide six more parking spaces; existing tall pine trees have branches which can break easily in a major storm; the neighbors don't like the new curb design and it may affect property values; improved street safety and aesthetics are preferred over retaining the existing trees; the neighborhood was not sufficiently notified and didn't realize what the changes would be until construction began; monitoring the street for a year, as suggested by staff, is too long of a test period; the neighbors had been told for many years that when the property developed the curb would be evened out; that the current design is both an encroachment and a privacy issue; the Murano development does not blend into the neighborhood or the community and an appropriate alignment was expected. Raymon Pon Fred Teo Allen Zhao Siu Kung Raj Natarajan Mohamed Shoukry Victoria Wang Rex Liu Julie Lin Larry Stovall Zhiping Yang Paicheng Chaung Arnona Oren Winston Shiah Chung-Cheng Tsao Greg Maleski Jim Hunts Dennis Whittaker Jane Kamvar submitted a petition signed by 120 individuals opposed to the new curb alignment. November 16,2004 Cupertino City Council Page 10 The Council members agreed that there had been insufficient notice to the wider community affected by this change to the street, because at the time the project first came up, the emphasis was on current resident relocation and the impacts of an increasing population. They also discussed the neighbors' perception of potential hazards and their preference for a wider street over tree preservation. They discussed whether to proceed with the irrevocable offer dedication of dedication for the right of way, and see how the problem can be addressed. Piasecki said staff will try to identify cooperator approaches to keep the developer from proceeding, and would report back at the next meeting with a time schedule. Lowenthal moved to direct staff to prepare for a public hearing on the matter and to give Council an update at the next Council meeting; Council also directed staff to accept the irrevocable offer of dedication for the right of way along Poppy Way. Sandoval seconded, and the motion carried unanimously. 17. Adopt a resolution approving a semi-rural designation to eliminate the requirement for streetlights and sidewalk on Randy Lane and Larry Way pursuant to Ordinance No. 1925, Resolution No. 04-443. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04-443, approving a semi-rural designation to eliminate the requirement for streetlights and sidewalk on Randy Land and Larry Way pursuant to Ordinance No. 1925. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 19. Adopt a resolution approving the use of archived facsimile signature for payments from the City's deposit account with Wells Fargo Bank, Resolution No. 04-444. LowenthallKwok moved and seconded to adopt Resolution No. 04-444. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 20. Conduct the first reading of Ordinance No. 1951: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.24.020 of the Cupertino Municipal Code to Add Signature Authorities on Payments Made by the City." The City Clerk read the title of the ordinance. KwoklLowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 21. Conduct the first reading of Ordinance No. 1952: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.04.030 of the Cupertino Municipal Code to change the City Council regular meeting place to the City Council Chamber, Cupertino Community Hall, 10350 Torre Avenue." November 16, 2004 Cupertino City Council Page 11 The City Clerk read the title of the ordinance. KwoklSandoval moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 24. Confirm the amended date of Thursday, December 2 at for the Council swearing-in ceremony and reception in the Community Hall, 10350 Torre Avenue. (No documentation in packet). Council members concurred on the date and time of December 2,7:30 p.m. ORDINANCES STAFF REPORTS 25. The next General Plan hearing is a community forum with the Planning Commission on Monday, December 6, from 7:00-9:00 p.m., in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue. (No documentation in packet). COUNCIL REPORTS CLOSED SESSION ADJOURNMENT At I :22 a.m., the City Council adjoumed to a Council goals update and evaluation of the City Manager from 5:00 p.m.-7:30 p.m. on Monday, November 22 at Blackberry Farm, 21975 San Fernando Avenue. ..'4/n1 J~i ¿ ~Æ Kimberly Smith, ity 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, 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.