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CC 12-07-04 · CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, December 7, 2004 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CEREMONIAL MATTERS - PRESENTATIONS Mayor K wok asked for a moment of silence in memory of the anniversary of the attack on Pearl Harbor and in honor of those not here tonight. He also acknowledged the birthday of Council member Sandra James. I. Annual report /Tom the Cupertino Senior Commission. (No documentation in packet). A written comment was submitted /Tom Samuel Bradlyn suggesting a single fee of $25 for both a husband and wife membership. Senior Commissioner Christine Kennedy Pearce was not present, so it was decided to reschedule this report to another day. POSTPONEMENTS Item No.9, the revised final map for Menlo Equities, was removed /Tom the calendar. WRITTEN COMMUNICATIONS - None December 7, 2004 Cupertino City Council Page 2 ORAL COMMUNICATIONS Robert Levy, Wilkinson A venue, said the General Plan refers to only two sources of water in Cupertino, but neglects to reference the Cupertino Water Utility, which has been leased out for 25 years. He suggested that it be added. He said that the 2000 utility customers "donated" $6.8 million /Tom the utility and $2.5 million /Tom the contingency fund, which they were told would be used for things such as a library, but there has been no acknowledgement of that donation, and he felt his personal share of the donation was about $2,000. EJ. Con ens, talked about the attach on Pearl Harbor and expressed his appreciation to the Council for their financial support of a memorial to the World War II veterans that is located in Washington D.C. He said that he is a member of the Cupertino Concerned Citizens (CCC), and an example of the /Teedom won by the veterans was the ability for the CCC to circulate and file an initiative petition. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.2 which was pulled for discussion, and item No.9 which was removed /Tom the calendar. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 3. Adopt resolutions accepting Accounts Payable for November 12 and November 19, Resolution Nos. 04-445 and 04-446. 4. Adopt a resolution accepting Payroll for November 19, Resolution No. 04-447. 5. Accept the Treasurer's Budget Report for October 2004. 6. Receive a resignation letter /Tom Bicycle Pedestrian Commissioner Julia Fu, and post an amended vacancy notice setting the application deadline for December 28. 7. Stevens Creek Corridor Park: a) Adopt a resolution authorizing an application for grant funding under the Roberti- Z'Berg-Harris Urban Open Space and Recreation Grant Program, Resolution No. 04-448 b) Adopt a resolution authorizing an application for grant funding under the Urban Streams Restoration Program /Tom the State of California Department of Water Resources, Resolution No. 04-449 8. Cancel City Council meeting of December 21,2004. (No documentation in packet). December 7, 2004 Cupertino City Council Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes ofthe November 16 and 22 City Council meetings. Lowenthal/Sandoval moved and seconded to approve the minutes of November 22 as presented, and to approve the minutes of the November 16 meeting as follows: Page 2-5, second-to-Iast paragraph, vote should say AYES: Kwok, Wang, Sandoval NOES: James, Lowenthal ABSENT: None; and Page 2-8, fourth paragraph, Council member Lowenthal seconded the motion offered by Councilmember Kwok. 9. Adopt a resolution accepting the Revised Final Map for Menlo Equities, APN No. 316- 20-084, Resolution No. 04-450. This item was removed /Tom the calendar. PUBLIC HEARINGS 10. 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 /Tom 11/16/04): a) Grant a negative declaration b) Conduct the first reading of Ordinance No. 1954: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28, Single Family Residential Zones (RI) of the Cupertino Municipal Code." Email was distributed /Tom Frank Jones of Cupertino, which said that current variance procedures put an undue financial burden and documentation requirement on individual homeowners, and asking that the codes be revised to align with the National Building Codes. Jennifer Griffin, resident, thanked Council for retaining the requirements for second story setbacks and story poles. She suggested a second story maximum of 600 square feet for lots under 5,000 square feet, such as those in Rancho Rinconada, Monta Vista, and Garden Gate neighborhoods. Mark Platt, resident of Rancho Rinconada, said he believed the R1 ordinance must be reviewed in order to allow more square footage on the second story, to make rebuilding economically viable, to continue neighborhood renewal, and because rebuilding is a necessity. He said it will allow for better floor plans and will provide better use of the property in those lots. Mark Burns, representing the Chamber and the Silicon Valley Association of Realtors, said that 600 square feet could be used for a master bedroom and perhaps a walk-in closet or nursery, but it was not large enough to address the needs of a larger family. He said December 7, 2004 Cupertino City Council Page 4 Planning Commissioner Orrin Mahoney's original intent would have worked out to 54% instead of 45% FAR (Floor Area Ratio) for the second story. He said a smaller second story FAR forces owners to build larger houses in order to have a decent-sized upstairs. He also said it was important to encourage renovation and bring urban renewal. Leslie Burnell, Holly Oak Drive, showed a diagram of his own lot and discussed the impacts that this ordinance change would have on it. He said that 45% was a reasonable compromise but suggested they follow the same privacy requirements as for the Eichler homes, such as such as louvers, /Tosted glass, and window sills at 5 feet. The public hearing was closed, and staff responded to Council questions. Lowenthal/James moved and seconded to adopt the recommendations shown in the staff report Model Ordinance listed in green (items that had already been approved by Council); blue (changes that include rewording, corrections or reorganization that resulting no change to the regulations); and magenta (minor technical changes recommended by staff), with the exception of section 19.28.060 (b)(2), related to the second-story setbacks. The motion carried with Wang voting no. Council members clarified that they wished to require story poles in all cases. Wang/Lowenthal moved and seconded to approve a 45% second-story floor area ratio. The motion carried with James and Lowenthal voting no. James said she voted no because community members have indicated to her that they are happy with the current Rl standards, and a lot of work had gone into developing those. Lowenthal said he voted no because a community survey regarding the Rl ordinance indicated that the majority of respondents were not in favor of 45%. UNFINISHED BUSINESS 11. Receive a report regarding the process to consider altering the approved site plan for the Murano development, and adopt a resolution accepting the offer of dedication for the Poppy Way street improvements, Resolution No. 04-451. Jeff Jacobs, representing the applicant, discussed the progress they had made in the last 18 months. He said that there had been over 7 neighborhood meetings and tried to incorporate neighbors concerns into the plans. He said that they understand that safe streets are important, as is maintaining the curb and gutter alignment and protecting the trees, and they feel they will be able to do that and maintain the integrity of the neighborhood. He expressed his support for the Rl changes discussed in the previous item, and said it would change only the /Tont setbacks on this project, which would make them farther away /Tom existing houses across the street. December 7, 2004 Cupertino City Council Page 5 JameslWang moved and seconded to adopt Resolution No. 04-451 accepting the offer of dedication of street improvements. The motion carried unanimously. James/Sandoval moved and seconded to direct staff to advertise a public hearing in early January to consider an amendment of the Murano use permit to alter the site plan and street improvements along Poppy Way and RI Ordinance exceptions for two single- family homes. NEW BUSINESS 12. Review and approve year-end budget adjustments for fiscal year 2003/04 and midyear budget adjustments for fiscal year 2004/05. James/Wang moved and seconded to approve the budget adjustments recommended by staff. The motion carried unanimously. The adjustments included: (I) Using departmental savings /Tom the end of 2003/04 to establish a Retire Medical Costs Reserve of $1,151,000 and a PERS Averaging Reserve of $1,000,000; and (2) Mid-year adjustments for 2004/05 totaling $549,000 for changes in program needs, new grants received, and other items not known at the time of budget adoption in June. 13. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights, but not for curb and gutter, on Camino Vista Drive, Dubon Avenue, and Prado Vista Drive, south of Stevens Creek Boulevard, pursuant to Ordinance No. 1925, Resolution No. 04-452. (This item was continued /Tom 11116/04). Public Works Director Ralph Qualls reviewed a slide show illustrating various views of the street with and without curbs and gutters. He said that staff recommended that curbs and gutters be required in order to achieve adequate drainage and avoid further road deterioration. Roger Pickler thanked the Public Works staff for working with the neighborhood on this request. He said that over 2/3 of the residents signed a petition supporting the semi-rural designation, and they did not want curbs and gutters either. He said that sometimes there is a pooling effect when it rains, but family members have lived there 45 years and there have been no flooding problems. The public hearing was closed at 8:30 p.m. James/Wang moved and seconded to adopt Resolution No. 04-452. The motion carried with Lowenthal and Kwok voting no. Lowenthal and Kwok said they voted no because the neighbors had consensus that they did not want curbs and gutters and there had been no problems with flooding. December 7, 2004 Cupertino City Council Page 6 14. Adopt a resolution approving the first amendment to the agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program, Resolution No. 04-453. Lowenthal/Sandoval moved and seconded to adopt the resolution as recommended by staff. Motion carried unanimously. 15. Adopt the revised Facility Use Policy and Procedures recommended by City Council subcommittee for the Community Hall. Therese Smith, Parks and Recreation Director, reviewed the staff report and explained that the subcommittee composed of Council members Wang and Sandoval had worked with staff to develop the recommendations, which included: · The rent shall be a flat rate of $801hour Monday through Thursday and $2501hour Friday through Sunday · Reservations may be made up to one year in advance · The Recreation Supervisor in charge of the facility will have authority to determine which uses are inappropriate for the Community Hall and may direct customers to other City venues · Decorations are limited to table and /Teestanding decorations only · The Library is allowed approximately 14 rent-/Tee uses, which will be reviewed each fiscal year Sandoval Lowenthal moved and seconded to adopt the revised Facility Use Policy and Procedures recommended by the subcommittee, with the following changes: (I) Cancellations must be made 30 days in advance to get a full refund, and the staff will determine pro-rata refunds based upon other agencies practices; (2) Other elected officials who represent Cupertino residents may use the Community Hall /Tee of charge for things such as town hall meetings; and (3) A report on usage will be presented to Council in June 2005. Mayor Kwok reordered the agenda to discuss item 17 and 18 next. City Attorney Charles Kilian explained that three of the Council members had a conflict of interest on items 17 and 18 because these items could affect them financially if they chose to run for City Council again. He said that the law did allow an abstaining member to vote if it was necessary for a quorum, and a random drawing earlier in the evening had selected Mayor Kwok as the voting member for both items. At 9:00 p.m. Council members Sandoval and Wang left the Chamber and the City Clerk reviewed the staff reports. December 7, 2004 Cupertino City Council Page 7 17. Adopt a resolution charging City Council candidates for the cost of candidate's statements, Resolution No. 04-455. The City Clerk explained that the City of Cupertino has traditionally subsidized the cost of printing and translating the optional Candidate's Statements in the voter pamphlets, but the cost has increased /Tom approximately $370 to $1,138 per person. James/Lowenthal moved and seconded to adopt Resolution No. 04-455 to require candidates to pay the costs associated with Candidate's Statements, with the added provision that this expenditure will not be counted against any voluntary expenditure limits that may be adopted. The motion carried unanimously with Council members Sandoval and Wang absent. 18. Amend Ordinance 1885 related to City Council elections and campaign finance disclosure: a) Conduct the first reading of Ordinance No. 1955: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.06.020 of the Cupertino Municipal Code Related to City Council Elections and Campaign Finance Disclosure" City Attorney Charles Kilian explained that when the City's campaign finance ordinance was first adopted, it mirrored the provisions of Proposition 208 then in effect. Many of the provisions of Proposition 208 have since been thrown out by the State court, and the City's ordinance is subject to the same type of litigation. He said that if the Council were to repeal the current ordinance and rely on the State's laws, candidates would not have to comply with two different systems. Dolly Sandoval entered the Chamber to speak /Tom the podium as a private citizen. She said she was in favor of repealing the City's ordinance because it would save staff time and require candidates to follow the laws of the State of California. James/Lowenthal moved and seconded to direct staff to prepare an ordinance repealing the section of the municipal code related to campaign finance disclosure. Motion carried with Sandoval and Wang absent. Council members Sandoval and Wang were again present in the Chambers. 16. Adopt a resolution renewing the voluntary cap of $20,000 for campaign expenditures for the 2005 City Council election, Resolution No. 04-454. The City Attorney explained that it is illegal for any agency to put a limit on campaign expenditures, so this is a purely voluntary cap, and it not binding on any of the candidates. December 7, 2004 Cupertino City Council Page 8 Council members discussed the increases in postage and printing costs, as well as the increasing number of voters, and agreed that a dollar a voter would be an appropriate spending amount. James/Wang moved and seconded to adopt the resolution with an amendment to increase the voluntary cap to $26,000 for the 2005 City Council election, and add language to exclude the ballot statement costs when calculating expenditures. The motion carried unanimously. 19. Consider a request for a study session to review a development proposal by Toll Brothers in the Vallco Park planning area for 451 residential units and 100,000 sq. ft. of retail space on 27 acres. Applicant Jim Meeks said that as a result of a previous study session, they have prepared a new proposal that reduces the number of residential units and increased the commercial component. He said they would agree to pay the fees for additional notice to the public, and it is important to move quickly because there are some retail users that have expressed interest in the project. Dennis Whittaker said that developers are required to pay park fees, but there are no new parks being construction. He said that it is important that a park be provided on the north side of Stevens Creek Boulevard, and also that this project continues connectivity to the high school district. Whittaker also said that the Council cites concerns about the negative impacts /Tom large businesses being driven away, yet HP is going to put a large amount of space into housing, and there is a rumor that Measurex may change /Tom a commercial to a housing use. Tom Hugunin, La Rosa Court, thanked the City Council for holding the meeting and televising it at a time when it's convenient for people to watch. EJ. Conens said he felt that no additional planning should continue until some of these things have been approved by the community, and he was opposed to the project at this time. Community Development Director Steve Piasecki said that a study session was held in August to explore a previous plan for this site that was more dense, with less commercial. He said that since study sessions are often misperceived by the public, staff recommends this second request be considered at a regular meeting, and that it be noticed to the entire community. He said at that time the City Council will decide whether to allow them to make an application. If the Council agrees to that, the application would then have to file a formal application and go through a series of public hearings to consider traffic impacts, parking, etc. Norm Hackford, Tonida Way, said that the process was still unclear, and that no developer should ask for a General Plan amendment until it is known what the citizens December 7, 2004 Cupertino City Council Page 9 want. He said that the initiatives won't be decided for a year, and said that the developer needs to hear /Tom the citizens first. James/Lowenthal moved and seconded to put this item on the regular Council agenda for January 18, 2005, and directed the applicant to fund the costs of Citywide notice to the community. Council also directed staff to place an item on a future agenda to consider changing the procedures for requesting a General Plan amendment. ORDINANCES 20. Conduct the second reading of Ordinance No. 1950: "An Ordinance of the City Council of the City of Cupertino rezoning of a 1.31 acre parcel/Tom RHS (residential hillside) to rhs-21 (residential hillside minimum lot size 21,000 square feet)." Jame~/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: Kwok, Lowenthal, James, Sandoval, and Wang. Noes: None. Absent: None. James/Lowenthal moved and seconded to enact Ordinance No. 1950. Ayes: Kwok, Lowenthal, James, Sandoval, and Wang. Noes: None. Absent: None. 21. Conduct the second 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." James/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: Kwok, Lowenthal, James, Sandoval, and Wang. Noes: None. Absent: None. James/Lowenthal moved and seconded to enact Ordinance No. 1951. Ayes: Kwok, Lowenthal, James, Sandoval, and Wang. Noes: None. Absent: None. 22. Conduct the second 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." James/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: Kwok, Lowenthal, James, Sandoval, and Wang. Noes: None. Absent: None. James/Lowenthal moved and seconded to enact Ordinance No. 1952. Ayes: Kwok, Lowenthal, James, Sandoval, and Wang. Noes: None. Absent: None. December 7, 2004 Cupertino City Council Page 10 STAFF REPORTS 23. The next General Plan hearing is scheduled for the regular Planning Commission meeting of January II, 2005. (No documentation in packet). COUNCIL REPORTS City Manager Dave Knapp asked if the Council would like to schedule an additional meeting to discuss a variety of planning processes, including the General Plan amendment and how to handle projects that are already in the pipeline, density calculation methods, etc. The Council concurred to add a meeting on Monday, January 31, /Tom 5:00 -8:00 p.m. to discuss planning issues. Council members highlighted the activities of their committees and various community events, including the following items: The inauguration of the new president of DeAnza college, Dr. Brian Murphy; evaluation of the City Manager; first annual tree lighting at Cali Mill Plaza sponsored by Park Place and the Cypress Hotel; the annual "Light Up the Night" event at the Quinlan Community Center; ongoing meetings with the owners about improving parking at Le Boulanger; meetings with 55 library commissioners and other interested parties regarding a campaign to reopen the libraries on Mondays. CLOSED SESSION ADJOURNMENT At 10:28 p.m. the meeting was adjourned. The next regular meeting of the City Council will be on Tuesday, January 4,2005. 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 /Tom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased /Tom the Cupertino City Channel,777-2364.