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CC 01-04-05 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 4,2005 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. Mayor Kwok announced that Assemblywoman Sally Lieber would be holding a Town Hall meeting on January 8 from 2:00-4:00 p.m. in the Community Hall. Mayor Kwok asked for a moment of silence in memory of the victims of the December 26 magnitude 9.0 earthquake and tsunami, and also in memory of Congresswoman Shirley Chisolm and Congressman Robert Matsui. 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 1. Presentation from Director Greg Zlotnick from the Santa Clara Valley Water District regarding projects within Cupertino. (No documentation in packet). Greg Zlotnick presented the District's annual progress report, and distributed a notice of public hearing for the Calabazas Creek/Bollinger Road project. He encouraged residents to send in written comments to www.vallevwater.org. and he also asked residents to call 408-265-2600 to report any problems in the local creeks. 2. Annual report from the Cupertino Senior Commission. (This item was continued from December 7 - no documentation in packet). Christine Kennedy-Pierce presented a written report and reviewed the commission's first- year accomplishments, which included a review of pending budget cuts, preparing a recommendation regarding the Case Manager position, and planning for 2005. She said that the 2005 work plan includes a mission statement, inventorying existing facilities, understanding current demographics and trends, and defining the Commission goals. January 4,2005 Cupertino City Council Page 2 3. Presentation of Certificate of Achievement for Excellence in Financial Reporting to Carol Atwood. (No documentation in packet). Mayor Kwok presented the award to Administrative Services Director Carol Atwood. The Government Finance Officers Association gave this award. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Deborah Hill, Cupertino resident, listed a number of times and locations where drivers have nearly caused serious injury to herself and other pedestrians and cyclists because of unsafe speeds and driving practices. She asked for more police and code enforcement patrols, and asked the Council to make sure the streets are safe. Public Information Officer Rick Kitson noted that Cupertino is working with the City of San Jose on an award winning "Street Smarts" program that will be implemented soon beginning with Monta Vista High School. Richard Madden, Imperial Avenue, said he wished to thank the city for its services and he read two brief essays titled "Our Home Town" and "Our City Government". He mentioned the recent earthquake and tsunami, and urged Cupertino residents to sign up for an emergency preparedness class on the City's web site. Mike Foulkes, interim president of the Cupertino Chamber of Commerce, said they were looking forward to participating in the city's Golden Jubilee later this year. He announced that their new CEO was Christine Giusiana, who had previously worked in the Morgan Hill Chamber of Commerce. He thanked the City for its continuing partnership with the Chamber and said the installation of officers would be held next Wednesday in the Community Hall. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 4, which was pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 5. Adopt resolutions accepting Accounts Payable for November 24, December 3, and December 10, Resolution Nos. 05-001 to 05-003. 6. Adopt resolutions accepting Payroll for December 3 and 17, Resolution Nos. 05-004 and 05-005. 7. Accept the Treasurer's Budget Report for November 2004. January 4,2005 Cupertino City Council Page 3 8. Approve an application for an Alcoholic Beverage License for Todai Restaurant, 10123 N. Wolfe Rd., #2001. 9. Designate A YSO 64 as an organization providing a unique recreational opportunity and approve a permit for Sunday play at Jollyman Park from noon to 2 p.m., March through the first week in June, and waive fees for the VIP program (special needs youth soccer), estimated at approximately $2,000. 10. Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding relating to the San Francisco Bay Area Interim Center-to-Center Program, Resolution No. 05-006. II. Adopt a resolution authorizing the City Manager to execute an agreement with the Bay Area Air Quality Management District that will enable the City to receive a Transportation Fund for Clean Air grant in the amount of $100,000.00 for the Mary Avenue Gateway project, Resolution No. 05-007. 12. Adopt a resolution authorizing submittal of an application to the Bay Area Air Quality Management District (BAAQMD) Transportation Fund for Clean Air (TFCA) for funds to reduce emissions from solid waste collection vehicles and authorizing the City Manager to execute a funding agreement ifthe application is approved by the BAAQMD, Resolution No. 05-008. 13. Adopt a resolution approving the revised final map of Tract No. 9655, located at 19501, 19503, 19505, 19507 Stevens Creek Boulevard, APN 316-20-084, for Developer Cupertino Housing Partners LLC, a California Limited Liability Company; authorizing the signing of the revised final map and improvement plans; authorizing the execution of an agreement in connection therewith, Resolution No. 05-009. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Approve the minutes from the December 2, and December 7 City Council meetings. Lowenthal/Sandoval moved and seconded to approve the minutes of December 2, amended as follows: (I) Page 4-3 correct motion to nominate Vice-Mayor was Wang/James; (2) Correct name of San Jose/Santa Clara Water Pollution Control Plant, and Chinese Historical and Cultural Project; and December 7, amended as follows: (I) Correct spelling of Measurex; (2) Page 4-8 sentence above Unfinished Business should read "were not in favor of 45%." Mayor Kwok reordered the agenda to take up item No. 18 next. January 4, 2005 Cupertino City Council Page 4 18. Order the abatement of public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 04-440, Resolution No. 05-012. Mayor Kwok opened the hearing. There were no comments from members of the public, and the hearing was closed. James/Wang moved to adopt resolution No. 05-012. Motion carried unanimously. PUBLIC HEARINGS 14. Consider an appeal of the Planning Commission approval of Application TM-2004-1O for a tentative map to subdivide a 23,158 square foot parcel into two parcels (approximately 11,000 and 12,000 square feet respectively), and denial of Application TR-2004-09, regarding potential tree removal of one deodar cedar on a residential parcel, Cupertino Estates, LLC, 22291 Cupertino Road, APN 326-16-017. John Ha, project architect, asked for permission to remove one cedar tree, in exchange for replacement with three new trees on the site as a part of the new landscape design. He said their original request was to remove 5 trees, but since then they have modified the plan to relocate one oak and can maintain the three cedars near Cupertino Road, with careful pruning. He said the location of the remaining cedar severely limits their design flexibility, and rainy season floodwaters indicate the site needs to be re-graded. He said they would also do street and sidewalk improvements as well as the road next to the property, and improve the site with a new landscape design. Steven Lam, property owner, explained that he selected the site because it was only one block away from his in-laws, and it gives his children a much larger place to play. He asked for permission to remove one cedar to give flexibility for the best design and a larger open space. Jan Stoeckenius said if they were to plant a new cedar now, it would take 25 years to reach the size of the existing one. He said the two-story floor plan was developed under the old RI ordinance. With the new ordinance going into effect in February, there could be have larger second-story floor. He said the arborist's report suggests pruning the tree approximately 20%, which would move the drip line out of the way and allow ample space for the house. Deane Gardner, Cupertino Road, said he lived across the street fÌ'om this site, which is a large wooded lot. He said if the presence of the cedar were to adversely affect the siting or appearance of the new home, he would be in favor of the home. Jennifer Griffin said that trees are a great concern in Cupertino and felt everything possible should be done to preserve a heritage tree, especially one of that size. Deborah Hill, I have not seen this particular property, but am in favor of preserving trees whenever possible and the house can be designed around it. January 4,2005 Cupertino City Council Page 5 The public hearing was closed at 7:55 p.m. James/Lowenthal moved to deny the appeal and uphold the Planning Commission decision to retain the deodar cedar. Motion carried unanimously. 15. 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. (This item was continued from 11/16/04): 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 In response to a request by a Council member, applicant Greg Pinn said he was not in favor of continuing this item to a later time. Community Development Director Steve Piasecki reviewed the staff report, and introduced Randol Mackley, a principal with The Real Estate Group, and explained that he was a consultant hired by the City with funds provided by the applicant. Mackley explained that he had been hired as a neutral party to report on the viability of retail development in the Stevens Creek Boulevard area. He said that the Adobe Lounge site is in an area with an excellent demographic with a high level of traffic. However viability of a retail use is limited because the narrow street front area, and there is little space is available for parking. He said he would recommend a quality retail use on the Stevens Creek Boulevard side of the property, with far better architecture than is typically seen. He suggested a use such as a higher end jewelry store, men's apparel, etc. He talked about the site of the former Santa Barbara Grill and said that lack of access eliminates any success for retail, and would remain a problem for a restaurant. Mackley suggested the Adobe Lounge applicant discuss his site with a real estate advisor, and emphasize improvements in parking and trash management. He said the proposed 2,000 square feet is viable and has high probability of success in terms of leasing. Kurt Anderson reviewed the site plan, parking spaces, elevations, circulation plan, and location of trash enclosures. He said there would be I, 2 and 3-bedroom units. January 4, 2005 Cupertino City Council Page 6 Senior Planner Colin Jung explained that the proposal is consistent with the Heart of the City plan, as well as requirements for parking and traffic Level of Service. The applicant requests an exception to reduce the side setback trom 17.5 feet to 5 feet for the four foot tall parking podium at the rear of the property, and walls would have a minimum setback of 10 feet. This request is necessary to create the underground parking area. Virginia Tamblyn, Bixby Drive, felt the project was poorly planned, that underground parking garages are unsafe, that building is being crowded into the space, and there will be a negative impact on adjacent housing units. Tom Hugunin, Loretta Court, felt the decisions should wait until the General Plan is done, and the current proposal seems to be token retail versus primary retail. Deborah Hill, Cupertino resident, agreed that underground parking garages are unsafe. The public hearing was closed at 9: 10 p.m. Council members discussed the matter, and James/Wang moved to deny the proposal. Greg Pinn said he did not think that the Council had a legal right to deny this project. He said that a hotel had already been approved for this site, and it was larger (3 stories), and right on the property line. Three years later, after spend hundreds of thousands of dollars and receiving no opposition from the public and full approval from the Planning Cornmission, a continuance had been agreed to only so that Randol Mackley could report to the Council on the viability of retail uses on Stevens Creek Boulevard. After further discussion among Council and the applicant, Pinn indicated he accept a 3 month continuance to address design-related issues. James withdrew her previous motion, and offered a new motion to continue the item for 3 months subject to additional public notification, to give the applicant time to review Council's input and make adjustments to the plans. Sandoval seconded, and the motion carried by the following vote: AYES: James, Lowenthal, Sandoval. NOES. Wang and Kwok. The Community Development Director summarized the Council's comments as follows: The City Council requested fewer units, more retail, more surface parking, greater setbacks to match at least one-halfthe building wall height and/or one-half the roof height as they go away from the property line; assurances that the retail tenants will produce retail sales tax, such as restaurants and product sales; uses would not include personal service establishments; and underground parking was not a deal-breaker. January 4, 2005 Cupertino City Council Page 7 James asked that the record reflect that she did not think the Council should wait for the General Plan to decide on this project. She also said that it was appropriate to compare this proposed residential use to a hotel use, because a hotel brings in much more revenue, and residential uses cost the city more in services. Kwok said he was opposing the project because he felt it was too dense, the type of retail he expects there is not realistic, and he strongly believed there should not be exceptions. RECESS The Council meeting was recessed from 9:42 p.m. until 9:50 p.m. PUBLIC HEARINGS (continued) 16. Consider application No.(s) M-2004-09, R-2004-40 for Centex Homes, The Murano Development (formerly known as Saron Garden) and adopt resolutions: a) Modifications to the previously approved site plan of use permit no. U-2003-02 to widen Poppy Way from 28 feet to 36 feet to add a parking lane, Resolution No. 05-010 b) Exceptions to the RI ordinance allowing reduced setbacks and floor area ratio over 45% for two single-family homes located on Poppy Way, Resolution No. 05- 011 The City Clerk distributed a letter dated Dec. 19 from Gary Albright opposmg an exception for reduced setbacks and floor area ratio over 45%. James clarified that the exceptions are requested by the community and are not made to benefit the developer. Jennifer Griffin said the pictures showed that there was an obvious danger because Poppy Way was not straight, but in this situation allowing only a 14-foot backyard for a large family home was not a good precedent. Greg Maleski, Poppy Way, asked the Council to remember that the other houses across from these very large homes are two single-family homes of only 1500 square feet each. The public hearing was closed at 9:58 p.m. J ames asked that the record reflect that this action was taken at the request of the Poppy A venue residents, and she hoped that the results of straightening the street would be satisfactory. She expressed concern that the new alignment would increase speeding, and felt the Council's original decision was the correct one. January 4, 2005 Cupertino City Council Page 8 James/Lowenthal moved to adopt Resolution No. 05-010 approving the use permit. Motion carried unanimously. James/Lowenthal moved to adopt Resolution No. 05-011 allowing the exception to the RI ordinance. UNFINISHED BUSINESS 17. Consider amendments to Chapter 19.28 of the Cupertino Municipal Code (Rl Ordinance), Application No.(s) MCA-2003-02, EA-2002-l9, City of Cupertino, Citywide. (This item was continued from 12/7/04): a) Grant a negative declaration, EA-2002-19 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 (R1) of the Cupertino Municipal Code" Susan Louie, Woodbury Drive, thanked the Council for allowing a larger second story, and she asked them to allow flexibility in first floor setbacks because it allow for greater privacy for neighbors on both sides. She also spoke in favor of the stairway allowance, and removing one of the two restrictions on second story setbacks. Kwong- Tak Chui, Woodbury Drive, explained that under the current rules, the stairway is counted for both the first story and second story square footage. He said that the Planning Commission had suggested a daylight plane to allow more flexibility, but using both daylight planes and setbacks is more restrictive than current rules. Deborah Hill said that the narrow streets in this area are hazardous and asked that they be widened. Public Information Officer Rick Kitson said that he would put Ms. Hill in contact with the Bicycle Pedestrian Commission so they could· review her safety suggestions. Jennifer Griffin talked about the large homes built on Miller Avenue on San Jose property, which did not require the same second story setbacks. She said that the city's R1 ordinance was very important and should be protected at all costs, and asked that it continue to protect small lots. The public hearing was closed at 10:14 p.m. Lowenthal/Sandoval moved to approve the staff recommendations for items 1,3,5,7,8,9,10,11,13, and 14, highlighted in yellow in the staff report. The motion carried unanimously. A brief explanation and discussion followed on the remaining listed items, and the following actions were taken. January 4,2005 Cupertino City Council Page 9 Lowenthal/Sandoval moved to approve No.2, Lot Coverage 5% tor eaves. Motion carried unanimously. Sandoval/Wang moved to approve No.4, High Volume Space based on a floor to roof height. Motion carried unanimously. Lowenthal/Sandoval moved to approve No. 12; First Story Side Setback combined IS feet instead of S and 10. Motion carried unanimously. Lowenthal/James moved to remove No. IS, the requirement for a two-story daylight plane. Motion carried unanimously. Sandoval/James moved to remove No.6, Stairway allowance, 7S square feet. Motion carried unanimously. Staff was directed to place the amended ordinance on the next agenda for first reading. NEW BUSINESS 18. Order the abatement of public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 04-440, Resolution No. OS-012. Mayor Kwok had reordered the agenda to hear item 18 before item No. 14. Parks and Recreation Director Therese Smith reviewed the staff reports for items 19 and 20, and said that they are actually city-sponsored events but are organized by other agencies. 19. Consider a request from the Santa Clara County Sheriff's Office for a fee waiver for the Quinlan Community Center and the Cupertino Community Hall for terrorism incident preparedness workshops. James/Lowenthal moved to approve the requested fee waiver. Motion carried unanimously. 20. Consider request for waiver of room rental fees for the Quinlan Community Center on January 26 for the "Cupertino State of the City Address. James/Lowenthal moved to approve the requested fee waiver. Motion carried unanimously. 21. Consider a request fÌ'om Fusako Hoyrup for a partial fee waiver for use of the Quinlan Community Center for the 200S Ikebana Flower Show. Parks and Recreation Director Therese Smith reviewed the staff report, and said that since this is not an annual event, it was not addressed during the budget cycle. She said that the show organizers had contributed over $7,000 to the City in the past, and without a partial January 4, 2005 Cupertino City Council Page 10 fee waiver in this case, the flower show would probably not occur. The applicants were receptive to paying for staff costs. Lowenthal/James moved to approve the partial fee waiver. Motion carried unanimously. 22. Authorize the Mayor to sign a letter to the Grand Jury responding to a recommendation on the Valley Transportation Authority (VT A) Board of Directors. James/Lowenthal moved to authorize the mayor to sign the letter, and directed staff to correct recommendation number 3 to refer to" SVBRT." Motion carried unanimously. 23. Reschedule the meeting on planning procedures from January 31 to Monday, February 7 from 5:30-8:30 p.m. (No documentation in packet). James/Wang moved to approve the rescheduled meeting time. Motion carried unanimously. 24. Review Council committee assignments. (No documentation in packet). Council members briefly discussed the changes to current assignments, and asked staff to update the chart and bring it back on the next agenda. ORDINANCES STAFF REPORTS 25. Next General Plan hearing is scheduled for Tuesday, January 11, 2005, at 6:45 p.m., before the Cupertino Planning Commission, on the topic of land use. The hearing will be in the Cupertino Community Hall, 10350 Torre Avenue. (No documentation in packet). City Manager David Knapp invited the public to participate at the hearing on January 11. COUNCIL REPORTS Council directed staff to agendize a discussion at the next meeting to change the Council meeting starting time from 6:45 to 6:00, and to hold closed sessions at 5:00; directed staff to prepare a draft ordinance; and directed staff to agendize a discussion to talk about setting aside time for additional meetings as needed. Council members highlighted the activities of their committees and various community events, including the donation of 140 books to the Cupertino library from Hsinchu Sister City; on Saturday the post office is having a special event regarding the issuance of Honolulu stamps; Hansen Permanente received a national award for excellence in their environmental program; and a Teen Center worker received a letter of commendation for his care of one of the teen center visitors. January 4,2005 Cupertino City Council Page II CLOSED SESSION At 10:50 p.m., the Council recessed to a closed session to discussion these items. At 11:40 p.m. the Council reconvened. 26. Pending litigation - Government Code Section 54956.9(a), City of Cupertino v. Ole Rasmussen, Superior Court case number 104CV026233. (No documentation in packet). The City Attorney announced that the City Council had appointed Sandoval and Wang as members of the mediation team, along with the City Manager, the City Attorney, and the Director of Parks and Recreation. 27. Pending litigation - Government Code Section 54956.9(a), Ned Britt v. City of Cupertino, Superior Court case number 1 04CV031827. (No documentation in packet). The City Attorney announced that the Council had decided to associate with the legal counsel of Meyers Nave to represent the City in a portion of the litigation; decided not to avail itself of any negotiations which were described in the City Manager's memo that the Council and the proponents have received; and decided that all further communications between the proponents and the Council should be through legal counsel. ADJOURNMENT At 11 :42 p.m. the meeting was adjourned to Monday, January 10, 2005, for commission interviews. '~ Ki~lerk 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.