CC 10-29-92
i
,.
CITY Œ' aJP!!:RTDV, S'DIIŒ œ CALIl"CRfIA
10300 'lœRE AVI!HJE, UJ1'I!K1'.uD, CA 95014
'1'EIEPIIH!:: (408) 252-4505
CX::-846B
HIlÐ1ES œ 'ffiB AOOaRIBD RI!GJLIIR CITY cnx:n. !G'l'I1«;
HEID (If lX:!U!ISK 29, 1992, CDH::IL aw&iR, CITY IÐILL
10300 'lœRE AVI!HJE, 1..U.tToIU.uÐ, CALIl"CRfIA
CAlL '10 œœR
'Ihe meeting was called to order by Mayor Son!I1sen at 6: 50
p.m.
ROLL CAlL
Counc. Present:
DeIIn, Golàna.'1, ~l, Szabo, Mayor Son!I1sen
staff PL_S_tL:
Cl.ty Manager Brown
City Clerk Q)meliuø
Director of Public tixks viskrNid1
Director of O:mII.mity Dewl. 'I. ··~tL 0:Man
City Planner W::Jrdell
AeOO<:';..te Planner Jung
1bJøing aOO Services Cocmiinat:or N:Jrling
1bJøing ~;.. 1 ; Rt Gil
City Attorney JC; 1 ; ""
Mayor Sorensen int:rtx::b:Ied visitors £ran Omzu, Japan who
are guests of laura Rcbde, who is teadring there. '1he
Mayor exchanged gifts with the visiting junior IUqt sdxxIl
students aOO adults.
œAL CXHIJNICATICNS
Jerry Kocir, fouœr CUpertino resident, requested that
Council CDlduct a ~lic hearing regarding the M:nta vista
plan. He stated that at the Deo -.~ EtI 10, 1990, PlarmiJv]
Ccmnissian meeting, the ÍIA.uu.....-t acreage _ sul::mitted.
He requested a date for a hearing.
Mayer Sorensen said that Council will be setting a date
later in the meeting.
-1-
MINUlES œ 'l1iE AIlXXJRNF.D REGJIAR CITY <XJH:IL MI!:ETIlC œ
U;~~ 29, 1992 (0::-8468)
PUBLIC fIEI\RIN3
1. 0Jnsiderati.cn of a u..oI~dØlSive "1II:U}"ClUt of the
CUpertino General Plan, including lan:i use, OOusing,
traiulIDrtaticn, open space preservation, plbUe safety,
CXXJBerVaticn am noise elements. ~is will be
placed on City identity am housing,
Director of Catmmity Deve~'''''lt CawIIn stated that Housing
am Se..-vices Coordinator Norling will review the retail am
residential report.
Housing am Services Coordinator Norling reviewed matters
of incx:me levels, \A¡at is ·affordllble", am the office am
iOOustriðl mitigatioo recx:mnendation of the Affœ:dllble
Housing Camú.ttee am planning Camdssi.on. She also
reviewed areas of cii""')'caucolt betueen the two bodies, She
o::mpared mitigation strategies of the Affordllble Housing
CCllmittee am the Planning ('rmnjASi.on. She was then
available to answer questirns of eooncil,
Coune. Szabo asked if, assœdng there were no rezoning, are
there any existing sites in CUpertino for high density
housing?
Mr, CawIIn stated that the Forge l"-'-'l'= Lf across £ran
Payless on Haœstead is the hjg:røt piece, 'Ibis is 10
acres am can hold 144 units.
Mr: . CawIIn t.hen revie.led a SUIIIIEIJ:Y of key oonœpts for
Council oonsideratior.,
City Attorney Kilian Br{i1asized that all decisions are
preliminary am are for the pnpoee of allowing the
Environmental Illpact Report to I:e done.
Mayor Sorensen then opened the meeting for plblie Uoallllc:ut.
suzanne Ford, 10853 wilkinson Avenue, president of the
CUpertino--SUnnyvale T ~ of W:Iœn Voters, read a letter
in su¡:port of affordable hcusing into the rea>rd,
John Hailey, Tandan Cœprt:ers, Inc., rep..-esenting four
cx:npanies (Tandan, ~le, HP, Measurex) told Council that
the cx:npanies r¡eecI flexibility. He r.evi.ewed a prqx>eal for
an officejhousing linkage policy for the City of QJpertim.
-2-
MIlVŒS œ '!HE AOOæRNED RmJIAR CITY CDH:IL HEETDG œ
u.:1UZK 29, 1992 (Œ-8468)
'DIe ~.¥_l suggested 28 dwelling units per 100,000 square
feet, a $5.00 per square foot in-lieu fee, a $190-200,000
price cap on 20\ of the units, an index: for changes b8eed
on CPI or housing market, no ina:me el ig.ihi 1ity
requi.ranent, 00 duraticn of affordllbilty requi.ranent, and a
price ,...; 1i11g on ranaining market rate units, establish lID
$825 a nart:h price cap on 20\ of the required units to be
~ to changes in fair market rents for a period of oot
less than 30 years. '!here s1nùd be 00 ina:me elig.ihi1ity
and there sOOuld be a rent"..; 1i11g. '!here sOOuld be 00
fewer than biD price <""IF units subject to B!R
requj..reIœnts for low or very low incaœ groups, Park
declicaticn fees end ronstruction tax fees sOOuld be waived
for all price "·u.ed units, He cœpsred the Planning
Ccmnission, Affordable Housing Cœmi.ttee, and rorporations'
~.~ls.
Sally Brennan, 19917 'lWili<jlt COUrt, stated the belief that
'l'æaJem cculd work with a non-profit organizaticn to
inplBDel1t a PWYU'III. She ~"",13ed CXJnCern that the
~~ cap is too high.
Henœn Hijmans, 1.~ s~JLing the o-m- of Ccmœrœ, said
in general he was satisfied with Mr. Hailey'ø IEp>rt and
the Affordable Housing Cœmi.ttee, He felt that the $5.00
in-lieu fee sOOuld be a JœXinun, He stated that the
0IaIIèer is meeting regarding retail requirements on the
WtoJ¡ eBday following this meeting, In regard to the General
Plan, he 'oI8Ilts the big cx:.upani.es to he able to grow. He
also suworls a Heart of the City am ~ the City
to work on the jà:Js/1DUsing balance. Also, stevens Cleek
Boulevanl. and DeAnza Boulevard .mnnl'; be designated for
mass transit. 'lbere are bold issues that need bold
decisiœs.
Nancy Burnett, 729 Sten::Ihal lane, 1.~ S lLing aJRB,
expressed CXJnCern that CUpertim cDes oot have the Ml£"'dty
to ðbsoIb the growth ~. ~sed. She reviewed transpare'1cies
sOOwing non-residential growth and residential nexus be"""¡
on non-residential growth as a generator.
Marilyn HcJward, 867 East Estates Drive, also representing
aJRB, said she did oot suwort cœmercial or industrial
growth beyarl the current General Plan. MaxiJrun I:W.lding
heights sOOuld be three stories or 40 feet, 'DIe ronoept of
l.aIrl'œrk buildings is <pod except for the height, aJRB had
00 rcu.......e..Jations regarding Heart of the City or Grand
Boulevanl.; ha.o1ever, Irf3Ibers 00 ~rt inproveœnts on
stevens Cleek Boulevard, such as trees, buildings close to
the sidewalk with parking behind and garlJage rontainers
hid:!en. '!bey also su¡:çort establishing pedestrian
pranenades and a¡:proved that medians be retained on stevens
-3-
MINU'IES OF 'mE ADJœRNIID RmJll\R CITY CI:XN:IL MEETIN:; CF
OCTOBER 29, 1992 (OC-846B)
Creek Boulevard, Retail 1oIOU1.d be acceptable on the first
level of office Wildings, however, there should be 00
un.iercrossing at Stevens Creek arrl DeAnza Boulevards,
Dr. Beverley B. Bryant, L~Lèi}ù)ting the Association for
Call1Ercial Real Estate, aaid the marxlatory nature of the
housing requirement roncerned her. 'Ihis has a neg'\tive
inpact on growth arrl disoourages a:rtpanies fraTI <XIIIing
here. She asked what plans the City had to get funds to
~ide services needed resulting fraTI 1"", inCXJæ housing.
Affordat.le housing adds to a Wrden of fees. She urged
Council to be cautious regarding marxlated ~ts.
Lon ~lfe, Director of IDeal Government Affairs for
Building Industry Association, sp:>ke against a marxlatory
program. He revieoed propoeals in hi" letter of October 29
and ~t.Pd that Council initiate a voluntary program.
Mark Kroll, CiLY Center Associates, felt the a:rtpanies'
position will produce oousing. He su<}3eSteð t.>lðt Council
read the Ueberoth Council of Cœpetitiveness report. It:
shows severe problems in California. Mr. Kroll sp:>1œ in
sq:p:>rt of housing growth on s+-..evens Creek Boulevard. '!be
proximity to housing determines the use of transit. He
sq:p:>rts the DeAnza Boulev-ard un.ierc:rossing. He urged the
camunity to ...urk together to solve prcblems. 1be
co:rnerstone is eaxønic healt..'1 of a:rtpanies and cit.ies.
John &Drato, Sobrato Developænt Ca\pany, s'-..ated that if
Council places an overlay resiœJtial zoning on Bandley,
Bul::b, arxI Valley Green, that square' footage will be taken
for housing. Crnpanies t.ave ci::ll!.nsized but want to keep
their headquarters here, He expressed thP. opinion that the
Afforable Housing Cannittee and PlélI'.ning Cannission
reu...llucu..lations are overkill arrl unrealistic. A $5.00 per
square foot in-lieu fee is adequate to provide oousing. If
Council aà::.pts the Afforable Housing Cannittee or Planning
Cannission recx::rrrændation, this will be excess baggage to
CD.parries. 'lbe Vasconcellos report say,; that gJVe:rrnœnt
should inprove its attitude towards business arrl awreciate
business, He stated that the proposal sutrnitted by the
cx:npanies to Wild housing to expand is pre<:edent setting,
SUsan Mirch-Kretschmann, 20568 Blossan Lane, expressed
ronceJ.TIS with Tandem's proposal, particularly no ina:ræ
guidelines or duration clause. If a cntpany wishes to
expand, a benef.i.t should be providErl to the Ci1::y. She
sp:>1œ in sut:PJrt of narrowing St"..evens Creek Boulavard and
praviding wide sidewalks ...ith benches and trees. Also, 1::.Ìle
maximum building height should be 40 feet.
-4-
MnVlES œ '!HE AnDJRNED m;uLAR CITY a:ncn. !£E'l'IlG œ
~1~ 29, 1992 (OC-846B)
G!Iry R. SdIIIidt, 20020 Stev81s Creek Boulevard,
I<¥L s_,Ling Cali-LIuxi Associateø, stated that CJ'I-.,......L
am lCllllm" laOO costs by increasing density, He øuggested
50-60 feet heic;1It ala¥,J Ste\IenB Creek Boulevm:tl, Retail
oould be Œl the ground level of the bl1i Mings. He also
stated that light rail does relate to hcusing as paqI~"
wa1lt am OOn't drive to the lic;1It rail step,
IDis WIIrbJrtoo, 11001 Lucky Oak street, said her dauI: Jter
and fanily had DDYed £ran 0Jpertin0 becaJ!8'> they aW.d not
afford the hcusing, 'DIe city needs affordðble hcusing,
espec'i..11y for lcw and nr.A.ltu:óte ina:me citizens,
~: 9:05-9:20 P,M.
Reger Wintle, attorney representing Westfield, Inc" spoke
in cgxJ8itial tc in-lieu fees for retail awnerø,
DÌSCUØ8ÌŒl followed regIII'ding Westfield's hcusing
requirBœnt in their deveh."o'lCdL <ajLCOCII""jL with the City,
Mayer Sorensen then brought discussion to 0Junci.1.
Following iI; AnJBsÌCl1, O:Juncil determi.'"1etI the following:
'DIe chart Œl staff l.,,¥,1.L page 1-8 was ac:œptable for
Em p....pc sea. RegBrding cli.stri1:utia1 of reallocated
land use activity, Council directed staff to change the
1.q,u.L L to read, . . , . shift retail Œl or near Stev81s
Creek Bculevm:tl.· RegBrding tiered mi.tigati.cn, it was
pointed out that ooly larger a:mpmies wuld qualify.
A level of service D, ~ E for Stevens Creek
Boulevard, is acceptable. Also, the JIBtter of ecDDIIÌc
benefit will be given a broad brush awroadl in the
Fnvi.ram!ntal IDpact Report, '1hiø it:en is aoœpted in
amœpt:. alii li1il1g will be <XJOtingent upoo berlefit to
the city. '1hiø is saœthing that has to be resolved.
QJuncil will calh.c68 ~.....ic berlefit at IIIIOther time.
In regard to building heights, Coone. Golànan expressed the
desire that 0Jpertin0 be a low profile city. Prior to
height limitation ad::¢ia1, he requested a neighlAn.bood
prot:ec:ticn plan.
Director of Camunity Deveh."ouel1L Cowan informed him that
setbacks and other protect:ial neasures are currently in
place.
Counc, KqJpel sug:JeSted no height limitations, as design
and locatial make a difference.
-5-
þ
MINIJIES OF 'lliE ADJamNED Rm1LAR CITY roJNCIL MEE'I'Itf:; OF
~ï~ 29, 1992 (OC-846B)
CDunc. Golònan felt that there is a need for a rnaxim.Jm
height arxi relationship bet.'Wee11 new OOildinga arxi existing
ones needs to be ronsidered.
By ronsensus, Council agreed they did not want to a¡:prove
the map presented that evening arxi requested I1Dre
information at the next meeting. It was BUgJeSted that a
map be ronstructed sOOwi..'1g CUpertino the way CDuncil wants
it to look. In regards to parks, that issue had hem
aà::!ressed previously.
'!be next matter discussed was that of Heart of the City.
By ronserurus, with Counc. Dean arxi Counc. Kqpel
dissenting, CDuncil ¡¡¡::proved Exhibit E of the report with
the third sentence amended to say, ..,. shall be located on
or near Stevens Creek Boulevard.· Council ag:lln ellphasized
the need to fiIxl furrling sources.
þ
To aid in reviewing residential prtp)Sðls, Council used the
carparison chart sul:Jnitted by Mr. Hailey of Tarx:IBn and
arrived at a:>nsensus on the following matters:
Include a policy regarding housing requiranents on
a::upanies in t.he General l'lan (Counc. Dean dissenting);
that the housing requirement ¡¡¡::ply to the 1,000,000
square feet of the current GenP..ral Plan, exatpting
o:mnitted BqIJiiI."e fODtag'! and 2,000,000 square feet of
additional office space; that mmœr of dwelling units
to be created for every 100,000 sq, ft. of office space
fall saœwhere I:Jebæen the Planning Carmi.ssion and
œnpany proposal and directed staff bring back
information .
Council also requested I1Dre information on the City's
ability to œntrol p.u:chasejrental of units based on ina::rne
test and longevity of affordability of pmject. Council
also stated that if the CXI'!pi'IIIy evaluates and manages the
housing, the City '1ee::!s a guarantee they will rontinue to
00 so. Council agreed that the housing requiranP.nt can be
met within a bolo mile radius. 'lttey also preliminary
¡¡¡::proved an in-lieu fee <:¡ption of $5.00 per square foot for
new office space with an inflation escalator.
þ
By OEEJenBl15, CDuncil agreed that park a.'1d ronstruction
fees 1oIOlÙd be w;ri"ed for -the affordable cœponent. 'ltte..re
rould be a housing develapœnt bank as long as o::fice
tuildings did not get too far ahead of housing develq:rnent
(a¡:praximately one year). Council stated there ~uld be no
traffic reduction cledits for mitigation housing. 'lttey did
preliminary ¡¡¡::pIT/ve priority processinC; for all project.s
dlld plblic in\"OlV€!œI1t frŒl the beginning of the process.
--1--._
M1N7IES œ 'DIE AIL- .....4!:IJ RIGJLI\R crrr <XXH:IL M!:E'l'I!& CF
1.A.:1UZK 29, 1992 (<X:-846B)
lÞIBing ahnuld be located in spe<"ff'ic areIIØ suitable for
<XJIM!r'Bia1. IJdIøtrlal area shcW.d be r--.....:d "K'L....-riate
to the ~al plIID. SUfficiEot rezoning should ooœr to
fulfill the Gs.......). PlIID,
<hD1Cil directed that staff c:xzae œck at the next General
Plan beøriDg with JID[8 ;nr.......lia1 reg¡m1ing iteDB 2 am 3
at the ....,...,.;-' iA·~._l list. It will also be r--"øary
to set the date for aoother GeI1eral Plan hearing.
NEW BlJSINI!'.SS
2, Est:abHAhiJ¥1 date of electia1 of Mayor and Mayor
Pro-~c.
By ocnøensuø, Q,uncil ~ 7:00 p.m" ~ 10, for
lID adjaIme:i lDåing to elect the Mayer and Mayor Pro
Teqx>re,
Following <I; ~llgeien, 0--"""; 1 cxntinued the GeI1eral PlIID
hearing to 6:45 p.m., !b1da:y, NClI..",.t-. 9, 1992,
At 11: 35 p.m., CoI1TV"; 1 lIdjoumed,
td:i dL~
City
-7-