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CC 10-15-01 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, October 15, 2001 ROLL CALL At 4:05 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burner and Michael Chang. Council members absent: None. Staff present: Parks and Recreation Director Therese Ambrosi Smith, Recreation Supervisor Christine Hanel, Recreation Coordinator Klm Frey and City Clerk Kimberly Smith. TEEN COMMISSION INTERVIEWS 1. Interview applicants for the Cupertino Teen Commission. Council interviewed 34 teens from grades seven through twelve. The following 12 individuals were appointed: Patty Fang Kenny Lin Emily Liu Zoravko "Zack" Kolev Jacki Colloton Akshita Deora Kevin Busch Aimee Jin Thayer Erin Gatley Drew Golkar Angelica Zen MauriceNoone RECESS The Council was in recess from 6:20 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council members absent: None. Oct&er 001 Cup'no City Ooundl Page Staff present: Acting City Manger Carol Atwood, Conununity Development Director Steve Piasecki, Parks and Recreation Director Therese Ambrosi Smith, Public Works Director Ralph Quails, Public Infoimation Officer Rick Kitson, Senior Planner Vera Gil, Senior Planner Colin Jung, City Attomey Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS Item number 14, Stevens Creek Apartments (Verona), was continued to November 19, 2001. WRITTEN COMMUNICATIONS A fax was received from Prometheus, the developer, in conjunction with item number 15. ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang moved to approve the items on the Consent Calendar as recommended, with the exception of Nos. 5 and 10, which were pulled for discussion. Burner seconded and the motion carried 4- 0. 2. Approval of minutes, September 19 and October 1. 3. Treasurer's Budget Report - August 2001. 4. Accounts Payable, September 28 and October 5, Resolution Nos. 01-217 and 01-218. 6. Support for federal funding of cleanup of Mount Umunhum, Resolution No. 01-220. 7. Annexation: Setting date for consideration of reorganization of area designated "Creston Drive 01-06", property located on the north side of Creston Drive between Baxter Avenue and Groveland Drive; approximately 0.245 acre, Lim' (APN 326-11-006), Resolution No. 01-221. 8. Improvement Agreement, Roger Wang and Annie Wang, 11631 Upland Way, APN 366- 03-011, Resolution No. 01-222. 9. Acceptance of improvements (may include grading, street improvements on site and off- site improvements): Garrick H. Lee, 18871 Arata Way, APN 375-12-036; David Y. F. and Jenny H. C. Pemg, 19327 Caile de Barcelona, APN 375-04-006; Maximo & Beatrice Perez, 1248 Weymouth Dr., APN 362-10-006. (No documentation in packet) October 13, 2001 Cupertino City Council Page 11. Approving contract change order No. 1, Foothill & Stevens Creek Boulevard Overlay Project, DeSilva-Gates Construction, Resolution No. 01-224. Vote Members of the City Council AYES: BurneR, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM TIlE CONSENT CALENDAR (above) 5. Payroll, September 28, Resolution No. 01-219. The item was tabled since it had already been adopted at the meeting of October 1, 2001. 10. Authorization of the Director of Public Works to award the construction contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to County Park Entrance, Project No. 98-120 to the low bidder in an amount not to exceed $913,000.00, Resolution No. 01-223. The dollar amount was amended to read, "$950,000.00." Burner moved to approve the item as amended. Chang seconded and the motion carried 4-0. PUBLIC HEARINGS 12. Ordering Vacation of a Roadway Easement, Tract 9335-- Wallin Court, Resolution No. 01-225. Mayor James opened the public hearing. No testimony was heard and the public hearing was closed. Bumett moved to adopt Resolution No. 01-225. Lowenthal seconded and the motion carried 4-0. 13. Ordering Vacation of a Public Utility Easement, Maximo Perez, 1248 Weymouth Drive, APN 362-10-063, Resolution No. 01-226. Mayor James opened the public hearing. No testimony was heard and the public hearing was dosed. Burnett moved to adopt Resolution No. 01-226. Lowenthal seconded and the motion carried 4-0. 14. Appeal of Planning Commission approval of Application No. 14-ASA-01, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment building at Lot l, Tract 7953, Cupertino City Center October lg, 2001 Cupertino City Council Page 4 (APN 369-01-029). The Applicant is the Stevens Creek Apartments (Verona). The appeal was filed by Councilmember Don BurneR. The item was continued to November 19, 2001, at the request of Promctheus, thc applicant. 15. General Plan amendment for revisions to the Housing Element and other elements that may be affected by housing policies, Resolution No. 01-227. Application Number: 04- GPA-01 (12-EA-01); the applicant is the City of Cupertino and the location is citywide. A: mitigated Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Vera Gil made a PowerPoint presentation. She discussed the purpose of the Housing Element, described the Regional Housing need allocation and the adjustments to the regional need. She reviewed the objectives of the Housing Element, highlighted the new portions of the Housing Element and discussed the information in a fax from Prometheus dated October 12, 2001. The new portions of the Housing Element included: 1) Update of the residential goals by planning district; 2) Update of the sections of the land use element for conformance; 3) Evaluation of whether to provide adequate sites for an additional 500 units; 4) Update to the study to evaluate housing mitigation fees; 5) Raising of the Below Market Rate (BMR) percentage from 10% to 15%; 6) Evaluation of the impact of new applications on the jobs/housing balance. Thc concerns in the letter from Prometheus included: 1) The proposed increase in the inclusionary BMR requirement from 10% to 15%; 2) The need to modify the current affordable housing levels within the BMR ordinance; 3) The need for thc BMR requirements to apply to additional increment development; 4) The need to increase the density of the Homestead area housing allocation. Karen Jacobsen, 10861 N. Oak, said she was against big houses and encouraged people to increase their awareness about the ecological reasons behind not allowing big houses to be built. She cited the loss of natural resources, problems with flooding due to lack of surface area for rainwater to absorb, and problems with replenishing the underground water supply. Dennis Whittaker, 20622 Cheryl Drive, said that he thought the request from the Association of Bay Area Governments (ABAG), regarding the number of housing units that Cupertino was required to build, was unfair. He cited concerns about additional traffic congestion and drains on the local schools and utilities. He said that the figures ABAG was using were outdated and that the economy had taken a downturn since then. Bumett discussed a revised draft of the Review of the 1993 Housing Element, which he had written into a table fmmat for clarity of reading. October 15, :2001 Cupertino City Council Page 5 Community Development Director Steve Piasecki said that Council could move that this · handout be included as an attachment to the Housing Element. In that way they could avoid sending the document back to the state for review. In the future this table could be included in the text instead of as an attachment. Council discussed the BMR percentage rate and allocation and agreed that there was a need to modify the targeted income level to include moderate income levels. Bumett moved to adopt the Mitigated Negative Declaration. Chang seconded and the motion carried 4-0. Burner moved to approve the application with the understanding that the Below Market Rate (BMR) of 15% would take effect immediately and that the operation of the program would be reviewed by the Housing Committee, with the direction that they should look at focusing it more on the median income ranges for rental and ownership housing. Chang seconded and the motion carried 4-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 16. Union Pacific Railroad COPPR) Trail-Feasibility Study Report. Alta Transportation consultant Michael Jones made a Power Point presentation which described the project. Quails said that staffrecommended that Council accept the report, remove the project from the Capital Improvement Program (CIP) for funding and refer the report back to the other 5 entities named in the Memorandum of Understanding (MOU),' He said that the report would be brought back for final consideration after the first oft_he year. Quails also reviewed the recommendations of the Bicycle and Pedestrian Advisory Committee (BPAC), including 1) An annual review of the project; 2) Council support to maintain the rail corridor as an open space and recreation use should the corridor be abandoned; 3) Council support of parts of the corridor that do not require a UP agreement. Bob Wallace, 12881 Foothill Lane in Saratoga, spoke in opposition to the project. He suggested waiting 12 years for the cement plant to close and for the UPPR to pull up the rails. He was concerned about money being wasted on pedestrian bridges that would be unnecessary later. He also suggested leaving the crossing gates in place and reconfiguring them to be used for pedestrian access in order to save money. October 15, 2001 Cupertino City Council Page Marjorle Ottenberg, 12881 Foothill Lane in Saratoga, suggested using the water line right-of-way as a trail, which runs alongside the tracks. She said that this trail is already being used, and she was concerned about spending money for this project. Cornelia Woodworth, 11124 La Paloma Drive spoke in favor of the trail. She said it was important to capture the land for this kind of use now, rather than waiting 12 years, before any development could happen. Anne Ng, 6031 Bollinger (BPAC member & UPPR Task Force member), spoke in favor of the trail and said that Rails to Trails would let the City know when the corridor is abandoned so that papers can be filed immediately to rail bank the corridor to prevent development. Kevin Jackson, 1557 Fraser Drive in Sunnyvale, spoke in favor of the trail. He said that it would be a vital segment of cross county bike corridor number 12, which runs from 85 south to Gilroy. He encouraged support of the trail as a great car-free environment, and said it would also help out with the energy crisis. Joe Walton, 21721 Columbus Avenue (BPAC member and Valley Transportation Authority (VTA) representative), distributed a handout regarding an implementation strategy for the UPPR Wail based on the feasibility study. He reviewed the 6 points in the handout, which were 1) To reaffirm the City's commitment to continue as lead agency for the trail project; 2) To proceed with the environmental and preliminary engineering assessment of the trail and continue discussions with UPPR; 3) Budget funds for studies of the trail and include those costs in the City's 5-year Capital Improvement Program (C/P); 4) Initiate discussions with PG&E and the Water District relative to the use of their utility corridors that nm adjacent to the railroad right-of-way; 5) Request the Bicycle and Pedestrian Advisory Committee (BPAC) continue to champion the trail development and assist in forming a countywide "Friends" group to advocate the trails' development; 6) Request the BPAC to consider renaming the trail the "Permanente Rail Trail" or other name more closely related to its history. David Greenstein, 10066 Byme Avenue (chair of the BPAC), encouraged Council to put something in place now that would enable Cupertino to be able to develop the trail even if that is 12 years from now. Celia Chung, Bicycle Program Coordinator with the VTA, said that the VTA is strongly supportive of the trail. She said that there would need to be more discussion with management to decide if the VTA would take a leadership role in the trail project due to a current, sensitive relationship with the UPPR. Lowenthal moved to accept the UPPR Trail Feasibility Study Report, to approve the staff recommendation to remove the project from the 5-year CIP without further consideration at this time, and to ask the BPAC to work on the report and return it to Council before October 15, 2001 Cupertino City Council Page referring the report and recommendations to the MOU partners for consideration. Burner seconded and the motion carried 4=0. 17. Appointment of Teen Commissioners. Parks and Recreation Director Therese Ambrosi Smith reviewed the application and selection process. She said that 12 commissioners were selected at the Council meeting earlier today and that they had already been notified. Mayor James read the list of those appointed and offered her congratulations. ORDINANCES 18. Second reading of Ordinance No. 1888: "An Ordinance of the City Council of the City of Cupertino Extending the Utility Users Excise Tax for a period of Fit~een Years and Ordering the Submission of a Proposition Therefore to the Electorate of the City." The City Clerk read the title of the ordinance. Bumett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion carried 4-0. Bumett moved and Lowenthal seconded to enact Ordinance No. 1888. The motion carried 4-0. STAFF REPORTS COUNCIL REPORTS Lowenthal said that he attended the Oktoberfest and enjoyed seeing the community having a good time. He said he also attended the Foundation Dinner to support the local high schools. He said that Cupertino Cares was a touching moment in honoring the firefighters of New York. He said that Burnett had been an inspiration and fi'iend and that he taught the Council how to make decisions and to listen to people. Chang said that he would miss Don Bumett and thanked him for all his guidance to Council over the last 8 years. Chang said he attended the Community Congress and thanked the Public Dialog Consortium (PDC) and the City of Cupertino Cross-Cultural Consortium (5 C's) staff who helped with the facilitation. He said he also attended the Sports Center eommuff~ty meeting and that representative groups included tennis enthusiasts, young people wanting a skate park anywhere in'the city, and others who wanted a permanent table tennis and badminton facility. Burnett thanked the staff for all of their hard work over the 8 years that he had been on Council. He also acknowledged the rest of the Council members and said he enjoyed working with them. October 15, 2001 Cupertino City Council Page ~ James said that she admired Bumett's integrity and that it had been an honor serving with him. She acknowledged the hard work that went into the Cupertino Cares Community BBQ. She said that the Cops and Teens meeting, "Breaking down stereotypes and building respect" would meet on October 29. CLOSED SESSION -None ADJOURNMENT At 9:45 p.m. the meeting was adjourned to a Library Study Session, October 24, 3-5 p.m. in Conference Room C/D, 10300 Torre Avenue, Cupertino. REDEVELOPMENT AGENCY MEETING Canceled for lack of business.