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CC 02-15-05 I- CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 15,2005 PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. He asked for a moment of silence in memory of Santa Clara County Fire Captain Mark McCormack, who was killed while responding to a residential fire. 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. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS Mayor James presented a proclamation to the family of Santa Clara County Fire Captain Mark McCormack. The proclamation was accepted by Assistant Fire Chief Ken Waldvogel, on behalf of the family. 1. Accept a gift ITom Gem-Kang Nieh. (No documentation in packet). James/Wang moved and seconded to accept the gift of 2,500 N-95 air filtration masks, which will be used in the Cupertino Emergency Response Training (CERT) program. The motion carried unanimously. Mr. Gem-Kang Nieh said that he had been a participant in CERT training, and it was an honor to make this donation to the city. 2. Proclamation of appreciation to Tieu-Do Christian Center and Cupertino Village for their generous donations to the Tsunami Relief Fund. (No documentation in packet). Mayor Kwok presented the proclamation, which acknowledged the donation of over $200,00 for the Tsunami Relief Fund. February 15,2005 Cupertino City Council Page 2 POSTPONEMENTS - None WRITTEN COMMUNICATIONS Council received the following documents: (I) A flyer announcing the 24th Annual Homestead High School Powwow on March 19, 2005; and (2) An e-mail ITom Shiloh Ballard, Silicon Valley Manufacturing Group, in support of item No. 13. Council member Sandoval asked the Clerk to make available the application forms for the Santa Clara County Civil Grand Jury, which has a filing deadline of February 22. She also provided the City Attorney with information about a telemarketing firm, which was improperly using the City of Cupertino name, and asked that the information be forwarded to the District Attorney's Office. ORAL COMMUNICATIONS Cupertino resident Deborah Hill said that her landlord had not provided the required 30-day eviction notice, and she may be forced to go to small claims court. She discussed her difficulty in finding other housing for herself and her dog. She said he had been a victim of harassment and was unable to get support ITom community organizations. Council member Lowenthal said that he had spoken to Cupertino Community Services about the situation, and although they had been looking for some time, they had been unable to find housing that would accept a dog. City Attorney Charles Kilian suggested she contact the Santa Clara County Legal Aid Society, as well as Project Sentinel, which acts as a mediator on landlord-tenant issues. Mike Foulkes, President of the Chamber of Commerce, provided an update on Chamber activities. He thanked the Council for participating in and sponsoring today's Lunar New Year Unity luncheon. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No.6, which was pulled for discussion. . Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 3. Approve the minutes ITom the January 18 and February 1 City Council meetings. 4. Adopt resolutions accepting Accounts Payable for January 28, Resolution Nos. 05-024. 5. Adopt a resolution accepting Payroll for January 28, Resolution No. 05-025. 7. Adopt a resolution in support oflocallibraries, Resolution No. 05-026. 8. Adopt a resolution accepting a Quitclaim Deed for Curtis W. Frank and Sara Loesch Frank, his wife, as joint tenants, 10153 Camino Vista Drive, APN 342-14-084, Resolution No. 05-027. February 15, 2005 Cupertino City Council Page 3 9. Adopt a resolution accepting an Improvement Agreement for Curtis W. Frank and Sara Loesch Frank, his wife, as joint tenants, 10153 Camino Vista Drive, APN 342-14-084, Resolution No. 05-028. 10. Accept city projects performed under contract. (No documentation in packet): a) 2003 Safe Routes to Schools Project-Cupertino High School, Project 2004-9544 (Joseph J. Albanese, Inc.) b) Civic Center and Library Project: I) Project Signage, Project No. 2004-02 (Toll Architectural Graphics, Inc.) 2) Furniture, Project No. 2004-03 (One Workplace L. Ferrari, LLC) 3) Book Stack Shelving, Project No. 2003-05 (Ross McDonald Co., Inc.) 4) Audio Visual Project, Project No. 2003-03 (Ceitronics, Inc.) II. Adopt a resolution accepting a Grant of Easement, roadway, for George Gera, an unmarried man, and Nicholas Gera and Sueanne Gera, husband and wife as community property, with the right of survivorship, all as Tenants in common, 10550 De Anza Boulevard, APN 369-38-002, Resolution No. 05-029. 12. Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate $200,000 in FY 2005-06 funding ITom the State Bicycle Transportation Account for the Mary Avenue Footbridge Improvement Project, Resolution No. 05-030. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Accept the Treasurer's Budget Report for December 2004. Administrative Services Director Carol Atwood answered a question about budget timing and said that revenues cannot be evenly split into 12-month segments. She said that it appears that revenues are on track with the budget, and increased revenue ITom Apple Computer sales tax may help to offset the loss of sales tax now that Anderson Chevrolet is no longer in town. She said that the increase in the public works budget reflects deferred maintenance, salary and benefit savings ITom vacancy positions, and seasonal work that will not begin until the spring. Wang/James moved and seconded to approve item No.6 and accept the budget report. The motion carried unanimously. February 15, 2005 Cupertino City Council Page 4 PUBLIC HEARINGS 13. Consider Application No.(s) Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-12, and EA-2004-1O for Greg Pinn (Oak Park Village), 10745 N. De Anza Blvd. (former Santa Barbara Grill site), Assessor's Parcel Number 326-10-064: a) Negative Declaration b) Rezoning ofa 1.58 acre parcel ITom P(CG, ML, Res 4-10) to P(CG, ML, Res 35) Conduct the first reading of Ordinance No. 1959: "An Ordinance of the City Council of the City of Cupertino Rezoning a 1.58 Acre Parcel From P(CG, ML, Res 4-10) to P(CG, ML, Res 35)" c) Tentative Map to create 46 residential condominiums d) Use Permit to demolish a vacant restaurant building and construct 46 residential units e) Architectural and site approval for 46 residential units Council members received copies of an e-mail ITom Shiloh Ballard, Silicon Valley Manufacturing Group, in support of this project. Community Development Director Steve Piasecki reviewed a PowerPoint presentation that highlighted the staff report. He said that the staff recommended approval because the project is consistent with all existing development-related policies for the site and is architecturally compatible with the surrounding development. He said the Planning Commission recommended denial on a 3-1-1 because they felt the proposed density was too high for this site, the proposed residential units are too close to Highway I-280, and because commercial or office development was a preferred use at this site. He said the high school district indicated they would probably send these students to Homestead High School. Discussion followed about a potential in-lieu fee to compensate the City for the potential revenue loss of converting commercial to residential. The City Attorney said that either a nexus study would be required to support applying this type of fee, or there could be a development agreement on this particular site, which the developer enters into voluntarily, in exchange for certain, vested rights. He said the development agreement process takes about 60 days to go through the staff, Planning Commission, and City Council. He said that if Council decides to require such a fee in this case, they should consider including in the General Plan a nexus study and language to support applying this type of exaction on all developments so the City is fair and equitable in all cases. February 15,2005 Cupertino City Council Page 5 The landscape architect and Jim Yee, the project architect, reviewed the plans for the project and showed animated digital renderings. Yee explained that the project would have an innovative, contemporary design with architectural features that reflect portions of the Apple Computer buildings across the street as well as other contemporary architecture in the City. The landscape architect said that the complex would include a bocce ball court, outdoor Internet use area, a central fountain as a focal point for the south and main guest entrance, and a landscaped corridor along the rreeway side. They will also retain the large oak that is currently on the site. Dick Weaver, Cupertino resident, distributed a letter to the City Council dated February 15, 2005, which discussed potential exposure to substances, materials, or products which would pose an environmental hazard to residents because of the proximity to the rreeway, and which would affect the desirability of these properties. Mike Foulkes, representing Apple Computer, said that his company feels strongly that the City should preserve its commercial and light industrial corridor; however, they support this proposal because of the unique nature of the site, which limits its success as a retail or commercial use. He said that Apple has the building behind this project and will be taking over the NetManage building next door. He said they do not envision a problem with the parking, and they were pleased that they would be working with a local developer. Shiloh Ballard said she staffs the Housing Action Coalition of the Silicon Valley Manufacturing Group. She said that between the year 2000 and 2010 there will be another 200,000 people living here, 2/3 of which will be born here, and it is the responsibility of this community to provide for housing. She said the coalition voted last week to support this project. Tom Hugunin said he felt there should be a radio rrequency radiation (RFR) study done on this site to determine if it is safe to build housing here, before this project is approved. He also referred to comments by the Planning Commission that they wish to engender a sense of community, and he questioned whether this development would be able to do that because of its location. He said it is not close to parks and the students may have to be bused. Applicant Greg Pinn, discussed the Council meeting last Monday in which it was mentioned that affordable housing was consistently ranked as the most important issue facing the community, and this project would provide some BMR units as well as concentrating housing in walkable, urban areas, without losing the overall suburban quality of the community. He said this project would have a low school impact, the lowest traffic impact of any other type of use, and would create a gateway to Cupertino. He said that they proposed to waive real estate closing costs to Apple employees, and at the Council's suggestion, agreed to waive it for teachers, firefighters and Sheriff's employees as well. He said he has offered to compensate the City for what the property has made in sales tax over the last 20 years, which is only about $300,000. February 15, 2005 Cupertino City Council Page 6 Council members offered suggestions for the developer, including more landscaping along the rreeway off-ramp; providing a significant gateway feature with a water feature; making major improvements to the crosswalk, including timed pedheads; consider moving the buildings farther away ITom the DeAnza Boulevard and creating a larger setback on the corner; consider contributing funds toward park development; and investigate the feasibility of recycling the building materials. Lowenthal said he was in favor of approving this project tonight with the expectation that the developer will return with a development agreement to get vesting rights. James said she was not in favor of any kind of in-lieu fee be required for this project Lowenthal/James moved and seconded to adopt a Negative Declaration, with these four conditions: (I) The city council shall approve the gateway feature, which will include a water feature; (2) Staff will approve the pedestrian crossing and landscaping along the rreeway off- ramp; (3) Condition #16 regarding in lieu fees is deleted; (4) The applicant shall waive closing costs for housing for Apple employees, teachers, fire fighters, sheriff's officers, and city employees. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to approve rezoning the 1.58 acre parcel rrom P(CG, ML, Res 4-10) to P(CG, ML, Res 35), subject to the same four conditions listed above. The motion carried unanimously. The City Clerk read the title of ordinance No. 1959. Lowenthal/James moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried unanimously. Lowenthal/James moved and seconded to approve the tentative Map to create 46 residential condominiums, subject to the four conditions listed above. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to approve the use permit to demolish a vacant restaurant building and construct 46 residential units, subject to the four conditions listed above. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to approve the architectural and site approval for 46 residential units, subject to the four conditions listed above. The motion carried unanimously. Mayor K wok asked that the record reflect a minute order to direct staff to prepare a general policy regarding in-lieu fees, for the City èouncil to review at a later date independent rrom this application, and that that applicant should seriously consider making a contribution to the park development fee. UNFINISHED BUSINESS - None RECESS - 9:15 pm. to 9:30 p.m. February 15, 2005 Cupertino City Council Page 7 NEW BUSINESS 14. Adopt Council goals and Work Program for 2005. Council members suggested that the wording in the Work Program regarding the Sports Center be broadened to develop a strategy for upgrading the facilities, including the pool and bathhouse. Discussion followed regarding the possibility of a City marketing brochure with participation rrom the Chamber of Commerce, and Lowenthal said he would forward Sandoval's suggestion to the Economic Development Committee. Sandoval/Lowenthal moved and seconded to adopt the City Council goals and Work Program for 2005. The motion carried unanimously. 15. Accept the Comprehensive Annual Financial Report for 2003-04. Sandoval/Wang moved and seconded to accept the report. The motion carried unanimously. 16. Receive a resignation letter rrom Fine Arts Commissioner Shirley Lin Kinoshita, and direct staff to initiate the process to fill the vacancy. Staff was directed to post the vacancy notice, accept additional applications, and schedule the interviews for the same date as the Teen Commission interviews. 17. Select two Council members to attend a meeting to discuss acquisition of County property adjacent to Lawrence Expressway for a park in the Ranch Rinconada area. Council members James and Sandoval were selected to attend this meeting. ORDINANCES 18. Conduct the second reading of Ordinance number 1958: "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 Closed Session Meeting Time", so that any closed sessions will begin at 6:00 p.m. 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: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. James/Lowenthal moved and seconded to enact Ordinance No. 1958. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. February 15, 2005 Cupertino City Council Page 8 STAFF REPORTS 19. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood referred the current status and said that overall, revenues are slightly higher than expected, and expenditures have been slightly lower than expected. Council concurred to receive the report. 20. The next General Plan hearing is scheduled for February 22. The subject IS Environmental Resources. (No documentation in packet). COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the opening of the new Westside Sheriff's Station on DeAnza Boulevard in Cupertino; a successful Council goal-setting session; a recent "good government" luncheon featuring Jerry Brown; the Lunar New Year luncheon; the March 12 kickoff parade celebrating the city's 50th anniversary celebration; discussion about a potential increase in sales taxes; an update on the library measure; a tea ceremony by the American Tea Association; a Super bowl party at the Community Hall to raise funds for the library furnishings; a luncheon of current and former council women; the senior caseworker assisting in the case of a Senior Commissioner who was ill and needed assistance; Mayor Kwok's first meeting with City commissioners; and an upcoming event by the Dynasty Restaurant to benefit the library. ADJOURNMENT At 10:30 p.m. the meeting was adjourned in memory of Santa Clara County Fire Captain Mark McCormack. 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 rrom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased rrom the Cupertino City Channel, 777-2364.