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CC 01-18-05 · CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 18, 2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok 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 Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CEREMONIAL MATTERS - PRESENT A TIONS 1. Proclamation declaring the week of January 30th - February 5th, 2005, as Catholic Schools Week in Cupertino. (No documentation in packet). No one was present to receive the proclamation. Mayor Kwok recognized the week as Catholic Schools Week in Cupertino, and honored the teachers and students trom Catholic Schools. He said that St. Joseph of Cupertino School is an integral part of our community and that he would present the proclamation in person. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted a written correspondence trom a citizen for item number 7; additional information trom a speaker for items number 9 and 10; and the Community Hall availability calendar for item number IS. ORAL COMMUNICATIONS Deborah Hill, Wilkinson Ave., commented on traffic speeding issues in Cupertino, especially on Hyannisport, De Anza Blvd., Stevens Creek Blvd., Stelling Rd., McClellan Rd., and Rodrigues. She said she was following up on her earlier comments trom another City Council meeting and the problem hasn't been resolved. She asked that speeding citations be given, and to have speed January 18, 2005 Cupertino City Council Page 2 bumps added behind the library to slow down drivers. She distributed a letter to Mayor Kwok and the Assistant Director of Public Works, Glenn Goepfert. Dennis Whittaker asked that the City honor the families and acknowledge the sacrifices of those whose children are fighting in Iraq. Kwok acknowledged all the children of Cupertino residents who are fighting and their sacrifices, and said they would be in our prayers. James commented that at a previous City Council meeting, Cupertino honored the men and women fighting across the world, and did a proclamation for someone who was seriously injured. She said she appreciated Mr. Whittaker bringing the issue to the community's attention. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 2. Adopt resolutions accepting Accounts Payable for December 17, 31, and January 7, Resolution Nos. 05-013 to 05-015. 3. Adopt a resolution accepting Payroll for December 29, Resolution No. 05-016. 4. Accept city projects performed under contract: Furnishing and Installing Uninterrupted Power Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic Signals At Various Locations, Project 03-9547 (Republic Electric). (No documentation in packet). 5. Accept municipal improvements (on-site and off-site improvements, including grading, curb and gutter) for Roger Low and Jing-Ling Lw; Sherman Tuan and Yun Zheng; Sheng Hwa Ho and Wei-Tai Fen Ho, 22279-22299 Janice Avenue. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 6. Consider the renewal of bingo permits for St. Joseph of Cupertino Church and Cupertino Coordinating Council. Deputy City Clerk Grace Schmidt reviewed the staff report. James/Lowenthal moved and seconded to renew the bingo permits. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 7. Consider a request by Toll Brothers for authorization to apply for a General Plan Amendment to allow up to 460 additional residential units in the Vallco Park Planning Area. The 460 residential units are part of a proposed residential and commercial January 18, 2005 Cupertino City Council Page 3 development that includes 90,000 square feet of commercial on 26 acres located north of Stevens Creek Boulevard between Wolfe Road and Tantau Avenue. Community Development Director Steve Piasecki reviewed the staff report and said that the current proposal is 460 residential units, 90,000 square feet of retail, 1.4 acres of park space, and 27 units per acre. He said that staff recommends the original Council direction of August 17, 2004, which would require a park, reduce the residential units, and keep the retail space as large as possible. He reviewed the site plans, and talked about the opportunity of using the last big portion of land left in Cupertino for "big box" retail, such as a Costco, that would bring in tax dollars for Cupertino. He stressed that Council's decision tonight was whether to authorize the applicant to submit a General Plan Amendment application. Jim Meeks, Toll Brothers applicant, corrected some errors in the site plans including changing the name of "Vallco Park Plaza" in the original application to "Calabazas Place," and further discussed the project. Dan Solomon, the principal planner, designer, and architect for the project, explained some of the physical and design aspects of the overall plan including: Retail uses; a narrowed and landscaped Vallco Parkway; courtyards, greenways, and public park area; pedestrian and public space access in the retail area; vehicular access including access for service. trucks; and the different kinds of housing units. Jack Barrito, retail specialty developer, described the retail portion of the project. He said that Whole Foods Market, an existing retailer in Cupertino, is looking for an opportunity within Cupertino to expand ITom 28,000 to 50,000 or 60,000 square feet. He said that Whole Foods would be the principal focus in anchoring this mixed-use site, and Whole Foods would also help to attract a major bookstore to Cupertino. Ken Rodrigues, project architect for the retail component of the project, further discussed the project, including parking solutions to help create a pedestrian-fiiendly environment. At 8:06 p.m. the public hearing was opened. The following individuals had concerns about or were opposed to the project: Catherine Thaler, Stern Ave. Mihai Beffa, Greenleaf Dr. Arik Donde, Stendhal Lane Tom Hugunin, La Roda Ct. Patricia Smith Dennis Whittaker Lisa Warren, Judy Ave. Edward "Ned" Britt Jennifer Griffin, Calvert Dr. Jack Hubby, Lindy PI. Deborah Hill January 18,2005 Cupertino City Council Page 4 Their comments included: The neighborhood park would only be accessible by foot and could not be used by the larger community; the trees along Stevens Creek were left off in the plans; Cupertino wouldn't gain very much by just moving one retailer from one location to another; the project glorifies a more urban and European lifestyle and would change the character of the city; rural is better than urban; there would be negative impacts on parking, traffic, congestion, schools, utilities, sewer system and other infrastructure; it should be voted on by the residents; a grocery store and a bookstore wouldn't generate very much sales tax revenue for Cupertino; too much housing would impact schools and utilities; housing produces no revenue, which the City needs; the applicant didn't follow the Council's previous direction in this new proposal; this is a good project in the wrong place; retain the property as a good example of a green belt and keep the trees; Cupertino needs retail, particularly big box retail, and the project isn't big enough. The following individuals were in favor of the project: Mark McKenna, representing the Cupertino Chamber of Commerce Stanley Tseng, Galway Dr. Their comments included: The project site space is currently zoned for office, which doesn't do the City any good; the right blend of housing and retail in that site would do the best for the City; more housing should be encouraged in Cupertino, especially affordable. At 8:36 p.m. the public hearing was closed. Council asked questions and discussed the project, including the economic impact of having "big box" retail, like Costco, in the area. James' comments included: She wouldn't consider any number of units above 400; wouldn't consider anything under 100,000 square feet of retail space; the school districts are positive about the development and the schools have said they have space for new students; reduce the 4-story units to 3-story units; add more parkland; she likes the idea of doing the BMR units over the retail; pedestrian linkages are good; the project needs a dramatic entrance; she is not convinced about the "European auto court" solution for parking; and she would vote to move the process forward. Wang's comments included: The housing units would add another 2000 people within 30-acres, which is 5% of Cupertino's population; the residential units are not enough to generate enough property tax to help with the City's deficit; 3.5 acres is not a big enough park space and doesn't generate enough revenues; traffic on Vallco Parkway and Tantau Avenue would increase; the old General Plan can't handle more units in the Vallco area; wants to wait until the new General Plan is approved before moving forward with this proj ect. January 18, 2005 Cupertino City Council Page 5 Lowenthal's comments included: 3.5 acres of park is a good size; Rancho Rinconada needs a park; this project wouldn't add to the jobslhousing problem; 150,000 and larger square feet of retail is needed; the traffic circulation needs some work; parks should have amenities and adequate parking; would recommend moving forward with the process. Sandoval's comments included: Below market rate units should be integrated throughout the project; wants a grocery store in the area; need more information on the retail aspect; 1.5-acre park space is too small; need adequate parking for the parks; the retail sidewalks should be wide enough for strollers and to walk side by side through the café areas; a bus stop should be incorporated into the plan; enforce no cars in the pedestrian area; incorporate art and other visual attractiveness besides trees and flowers; not in favor of "big box" retail because they hurt other establishments and cause traffic problems; wants retail that the community would like and use; supports moving forward with the process to see what the community thinks. Kwok's comments included: Require a minimum of3.5 acres of parkland; create a park for Rancho Rinconada; he was opposed to giving public land for private development and parking; he was receptive to below 400 units; he was not in favor of 4-story buildings; he supports the "big box" retail; he supports moving the process forward to receive more public input. Lowenthal/Wang moved to authorize the applicant to apply for a general plan amendment to proceed with the hearings, and to require 255 market units, 45 below market rate units, 3.5 acres of park space, a Rancho Rinconada park, and 180,000 square feet of retail space. James offered a fiiendly amendment to require a minimum of 100,000 square feet of retail. Lowenthal accepted the amendment but Wang did not. Sandoval then seconded the amended motion for purposes of discussion. Council discussed the pros and cons of "big box" retail. Administrative Services Director Carol Atwood said the potential revenue of a "big box" retailer would be $1-2 million per year, and the current proposed development would be $110,000 to $120,000 per year. She recommended the "big box" retailer. Kwok told the developers that he would only offer his support with a minimum of 125,000 square feet ofretail. A vote was taken on the motion, and it carried by the following votes: Ayes: Kwok, Lowenthal, Sandoval, and James. Noes: Wang. Absent: None. The motion was as follows: To authorize the applicant to apply for a general plan amendment, to proceed with the hearings, and to require 255 market units, 45 below market rate units, 3.5 acres of park space, a Rancho Rinconada park, and a minimum of 100,000 square feet of retail space. January 18, 2005 Cupertino City Council Page 6 RECESS Mayor Kwok called a recess at 9:45 p.m. Council reconvened at 9:51 p.m. UNFINISHED BUSINESS 8. Consider amendments to Chapter 19.28 of the Cupertino Municipal Code (RI Single- Family Residential Zone Ordinance), Application No.(s) MCA-2003-02, EA-2002-15, City of Cupertino, Citywide. (This item was continued from 1/4/05): 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 Approving an Amendment to Title 19, Chapter 19.28, Single Family Residential Zones (RI) of the Cupertino Municipal Code." Lowenthal/Sandoval moved and seconded to grant a negative declaration. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang Noes: James. Absent: None. Wang amended the ordinance on page 8-7, section 19.28.060, section title E, to read "Setback-Second Story" instead of "Setback-Second Floor." The Deputy City Clerk read the title of the ordinance. Lowenthal/Wang moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang. Noes: James. Absent: None. James said she voted no because she consistently voted no on the additional square footage on the second story. NEW BUSINESS Item numbers 9 and 10 were taken together, with each applicant given a chance to testifY separately. 9. Consider an appeal of Code Enforcement's decision to deny Massage Permit Application No. C-0401118 for Agnes Sun. 10. Consider an appeal of Code Enforcement's decision to deny Massage Permit Application No. C-0401119 for Hui Niu. Deputy City Clerk Grace Schmidt swore in the translator and those participating in the hearings for both item numbers 9 and 10. Code Enforcement Officer Gary Kornahrens reviewed the staff report. January 18, 2005 Cupertino City Council Page 7 Attorney Stephen Gorman asked questions of Mr. Kornahrens on behalf of his clients, Agnes Sun and Hui Niu. Dr. Mitchell Roth testified regarding the massage examination, and answered questions from the City Council and Mr. Gorman. Mr. Gorman accepted the staff presentation and Dr. Roth's answers to his questions as the same for both applicants. Applicants Agnes Sun and Hui Niu testified individually, and answered questions from Mr. Gorman. Dr. Roth responded to the applicants' testimony. Jacqueline Noonan spoke on behalf of the applicants. She encouraged Council to look at the educational background of the applicants and realize that the only problem is a language barrier. Mr. Gorman summarized his legal argument. James/Sandoval moved and seconded to deny the appeals from both applicants, and directed staff to examine the process to see if it warrants any changes to the ordinance and to report back in 3 months. The report shall include the following: · What criteria are the applicants tested on. · What are applicants accountable for on the test. · Is an interpretation service equitable. · How can the City insure that the information provided to the applicant is clear and conctse. · Consider simplitying the City's process, taking into consideration that complaints must be lodged on a timely basis. · SpecifY qualifications of the interpreters. · How can the exam results be evaluated · Find out if it is still appropriate to use Swedish massage as the baseline criteria. · Find out if there is a process in which the applicant can question the procedure of an exam. · Include in the report all the changing and evolving types of massage therapy that may be employed in our community. Vote: Ayes: Kwok, Lowenthal, Sandoval, James Noes: Wang. Absent: None. NEW BUSINESS II. Conduct the first reading of Ordinance No. 1956: "An Ordinance of the City Council of the City of Cupertino repealing Chapter 2.06 of the Cupertino Municipal Code regulating Campaign Finance." January 18,2005 Cupertino City Council Page 8 City Attorney Charles Kilian explained that three of the Council members had a conflict of interest on item II because this item 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 had selected Mayor Kwok as the voting member. Council members Sandoval and Wang left the Chamber. The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. The motion carried unanimously with Council members Sandoval and Wang absent. Council members Sandoval and Wang were again present in the Chamber. 12. First reading of Ordinance number 1957: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to Change the City Council Regular Meeting Time." The Deputy City Clerk read the title of the ordinance. James/Wang moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. The following individuals were opposed to changing the regular Council meeting time: Tom Hugunin, La Roda Ct. Dennis Whittaker Keith Murphy Their comments included: a survey showed that most other City Councils in the area begin their meetings at 7:00; moving the time up would limit public discussion; most residents don't get off work until 6:00 p.m. After Council discussion, it was decided that any closed sessions would start at 6:00 p.m. and the regular meetings would still begin at 6:45 p.m. Council directed staff to come back with an amended ordinance for a first reading. No vote was necessary at this time. 13. Schedule a joint meeting with the Parks and Recreation Commission to discuss the Stevens Creek Corridor project. Council concurred to schedule the meeting for March 7, 2005, at 7:00 p.m. in the Council Chamber. January 18, 2005 Cupertino City Council Page 9 14. Consider setting aside one day per month for additional Council meetings, as needed. (No documentation in packet). Council concurred to set aside the first Monday of every month beginning in April, as needed, at 6:45 p.m. in the Council Chamber for any additional meetings. 15. Set a date for the annual Council goal setting session. (No documentation in packet). Council concurred to schedule the meeting for February 4, 2005, from 2-5 p.m. in the Council Chamber. 16. Review Council committee assignments. (This item was continued from 1/4/05). Council members concurred to accept the list of committee assignments as shown in the backup. ORDINANCES - None STAFF REPORTS 17. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood reviewed a handout on the City's financial cash flow projections comparing year to year for December 2004. She reported that most of the General Fund revenues are well below budget projection due to the State's withholding of City revenues, but the City should be on budget at year-end close; the City is up in building permits, engineering fees, and zoning and planning fees due to the new fee schedule; sales tax and property tax is holding the line; Transient occupancy tax is up slightly; utility tax is down, as well as use of money in property; the City is below budget on expenditures primarily from savings from hiring freezes. 18. The next General Plan meeting is January 25. The subject is Land Use and will include the Housing Commission and Fine Arts Commission. 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 25. January 18, 2005 Cupertino City Council Page 10 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including: the Bay Area Council in Oakland regarding the economy and jobs in Silicon Valley in 2005; a tour of the new Sheriff's Westside Substation - the grand opening will be February 2; beginning of CERT classes; first issue of new stamps honoring the 12 zodiac animals of the Chinese calendar, and in celebration of the Year of the Rooster; ribbon-cutting of Curves at McClellan and Foothill; swearing-in ceremony of Chamber of Commerce officers; community involvement programs at De Anza College; professor in Inter-Cultural and International studies at De Anza College speaking on the "Limitations of Aspiring to a Color-Blind Society"; Library Foundation Fundraiser on January 29 called, "Just for us Girls" at the Quinlan Community Center from 6-11 p.m.; town hall meeting with Sally Lieber; new granddaughter for Mayor Kwok. ADJOURNMENT At II :50 p.m. the meeting was adjourned. 6~d~1aU- Grace Schmidt, Deputy City 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.