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CC 03-01-05 · CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 1, 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. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation regarding Colon Cancer Awareness Month. (No documentation in packet). Mayor Kwok read the proclamation. 2. Proclamation supporting the American Red Cross Santa Clara Valley Chapter. (No documentation in packet). Mayor Kwok presented the proclamation to Cynthia Shaw, Marketing and Communications Director for the Red Cross. 3. Accept $3500 donation from the Cupertino Rotary Club for fifty Search and Rescue backpack supplies. (No documentation in packet). Mayor Kwok presented the proclamation to Steve Andrews of the Cupertino Rotary Club, and Emergency Preparedness Coordinator Marsha Hovey. He also thanked Mr. Andrews for the Rotary Club's generosity. Lowenthal/James moved and seconded to accept the donation. The motion carried unanimously. POSTPONEMENTS - None March 1, 2005 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS The City Clerk announced that there were documents handed out for items 16 and 21. ORAL COMMUNICATIONS Christine Guistana, Chief Executive Officer of the Cupertino Chamber of Commerce, invited the community to the annual Star A wards event, at which the following companies will be honored: Citizen of the Year, Orrin Mahoney Ambassador of the Year, Frances Seward Small Business of the Year, Dry Clean Pro Medium Business of the Year, BJ's Restaurant & Brewhouse Large Business of the Year, Cypress Hotel & Park Place Restaurant Dennis Whittaker, Cupertino resident, asked that Council refrain from approving any rezoning or General Plan amendments until after the November election on the initiatives, unless at least four members of the Council are in favor. Ray Crump, representing the Cupertino Kiwanis Club, announced the club's 50th anniversary and explained how both the local clubs and the international organization worked to support young people. He encouraged the community to join and said more information was available at www.cupertinokiwanis.homestead.com Louise Levy, Cupertino resident, referred to comments made last week by her tenant Deborah Hill, and said that Ms. Hill was providing incorrect information. She discussed the reasons she no longer wished to rent a room to Ms. Hill. Robert Levy, Cupertino resident, distributed a transcript of the remarks made by Deborah Hill at the Council meeting of February 15, and pointed out the factual errors in her remarks. He also discussed the living situation that led him and his wife to end Ms. Hill's residency in their home. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 4. Approve the minutes from the February 4, 7, and 15 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for February 4, II, and 18, Resolution Nos. 05-031 through 05-033. 6. Adopt a resolution accepting Payroll for February 11, Resolution No. 05-034. 7. Accept the Investment Policy for 2005. March 1, 2005 Cupertino City Council Page 3 8. Accept an application for an Alcoholic Beverage License for Pebbles, 10235 S. De Anza Blvd. (formerly Alotta's Delicatessen). 9. Adopt a resolution approving a Maintenance agreement with Civic Park Master Association, owner of all real property and improvements consisting of Lot A as described on Tract No. 9535, and the City of Cupertino, Resolution No. 05-035. 10. Adopt a resolution approving the First Amendment to the agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program, Resolution No. 05-036. 11. Adopt a resolution approving an Improvement agreement for Mehdi Moazeni, a married man and Mohsen Amini-Rad, an unmarried man as Joint Tenants, 10580 San Leandro Avenue, APN 357-05-045, Resolution No. 05-037. 12. Adopt a resolution approving a Grant of easement, roadway, for Mehdi Moazeni, a married man and Mohsen Amini-Rad, an unmarried man as Joint Tenants, 10580 San Leandro Avenue, APN 357-05-045, Resolution No. 05-038. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 13. Consider Application No.(s) U-2004-0l, ASA-2004-02, EA-2004-02, Greg Pinn (Pinn Brothers Construction), 20128 Stevens Creek Boulevard (former Adobe Lounge), APN 369-03-001 : Applicant Gregg Pinn reviewed the history of this applications for this site, mixed-use residential, and a large hotel use which had been approved but not built. He discussed the most recent changes made at the request of Council, which included lowering the height, reducing the density, and increasing the retail size and allure. He showed a rendering of the latest plan and explained that they had eliminated the residential portion over the retail, so the retail would stand out more, and they also added another surface parking stall. Kwok said that at one time the Council had talked about an in-lieu fee to make up for a reduction in retail. He asked what the applicant could do to make up for the loss of revenue, such as putting funds into an additional park fee or the general fund. Pinn said he's looking into a way to donate funds to allow the library open to stay open on Sundays as well as funds for park fees. Council member James said the City Council does not currently have a policy to require in lieu fees for reductions in retail. She said that it would be great if the applicant wanted to make a donation to the library, but any in-lieu fee requirements must first be discussed March 1, 2005 Cupertino City Council Page 4 and adopted by the City Council and shouldn't be discussed during the review of a particular project. Bob McKibbin, Cupertino resident, said he felt the process was confusing and the numbers were fuzzy; that this is still a residential development with a negative impact on city revenue and on schools; and that there is insufficient parking. He suggested that the City hold out for retail, or at least send the revised project back to the Planning Commission for review. Tom Hugunin was opposed to the project. He said there was limited maneuvering space in the parking garage, and said the project appears to offer token retail in exchange for residential. Dennis Whittaker said he was concerned about insufficient parking, impacts on schools, sales tax replacement, and how below-market-rate apartment dwellers could be forced out when the units become condos. He asked that the project have more retail, more parking, and less density. Wang moved to send this item back to planning commission for further review. Kwok seconded, and the motion failed with Council members James, Lowenthal and Sandoval voting no. Lowenthal/James moved and seconded to approve a Negative Declaration. The motion carried unanimously. Lowenthal/James moved and seconded to approve the revised Use Permit for a mixed-use retail (2,395 square feet) and residential condominium (23 units) development and for the demolition of an abandoned restaurant building, subject to the staff recommendation as shown below. The motion carried with Kwok and Wang voting no. o The approval should be based on the current revised plan set and revised project of2,395 square feet ofretail space and 23 residential condominiums o Applicable development fees should be commensurately adjusted to reflect the reduced scope of the project o The use permit conditions of approval should be amended to restrict the commercial building space to only a retail use o The building permit plans shall substantially conform to the rendering submitted at the City Council meeting as determined by the Design Review Committee in consultation with the architectural advisor Lowenthal/James moved and seconded to approve the revised design for an Architectural and Site Approval for a mixed-use retail (2,395 square feet) and 23 condominium units, March 1, 2005 Cupertino City Council Page 5 subject to the conditions recommended by staff, above. Motion carried with Kwok and Wang voting no. Mayor Kwok re-ordered the agenda to allow one more individual to speak under Oral Communications. ORAL COMMUNICATIONS (continued) Ned Britt, Cupertino resident, referred to an upcoming election for a parcel tax for the library district, which would be conducted by a mail ballot. He asked if the City can use a mail ballot for elections other than filling Council seats, or if the initiatives were to pass in November, whether a mail ballot can be used ifthere are exceptions to vote on. The City Attorney said that Cupertino is following the election law that applies to municipalities, and the initiatives are already set for election in November. He said that the library district election might fall under a special law that allows mail ballots. Mayor Kwok reordered the agenda to consider item No. 15 next. NEW BUSINESS 15. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights for Scofield Drive, Sunrise Drive and the northern portion of Rodrigues Avenue, west of De Anza Boulevard pursuant to Ordinance No. 1925, Resolution No. 05-039. JameslWang moved and seconded to adopt Resolution No. 05-039, with a condition including language from the staff report regarding streetlights. The motion carried unanimously. Mayor Kwok reordered the agenda to discuss item Nos. 21 and 22 next. STAFF REPORTS 21. Receive a status report on weekly single-stream recycling and yard waste service. (No documentation in packet). The City Clerk distributed a memo from the Public Works Director along with a brochure about the new weekly recycling program and illustrating the new garbage and recycling toters. Public Works Director Ralph Qualls said the weekly service will be fully implemented by May, and Los Altos Garbage Company will work with any residents to address issues regarding toter storage or placement. The City Council concurred to accept the report. March 1,2005 Cupertino City Council Page 6 22. Receive a status report on the Santa Clara Valley Water Resources Protection Collaborative. (No documentation in packet). This item was deferred to a later meeting date. UNFINISHED BUSINESS - None NEW BUSINESS 14. Consider amending the Teacher Housing Assistance Program guidelines and funding recommendations. James/Sandoval moved and seconded to revise the Teacher Housing Assistance Program Guidelines to allow three loans, instead of the previously approved four, to eligible teachers with the maximum loan amount of $66,666 instead of the current $50,000. The motion carried unanimously. Senior Planner Vera Oil said that the Cupertino Housing Commission will evaluate the purchase boundary issue in May 2050 when more homes may be listed on the Multiple Listing Service (MLS). 16. Consider a petition regarding Stelling Road street improvements and tree removal. The City Clerk distributed an email from Carlos Mujal dated February 24 requesting that the trees be maintained and the street improvements be completed in a timely manner. Carlos Mujal showed a hand-drawn diagram of the neighborhood streets, homes, and parking areas, and said there are rarely any cars parked on the street. He said the petition to remove the trees cites parking issues, but he had seen no problems of that nature. He also showed photographs of the work in progress and said he has been unable to use his driveway since November. Jennifer Griffin spoke in favor of retaining these large trees, which may be as old as 70 or 80 years. Sandoval/Kwok moved and seconded to take no action, and to follow the original Planning Commission recommendation to retain the trees. The motion carried unanimously. 17. Accept the Audit Committee's recommendation to extend the agreement for auditor services with Maze and Associates. Lowenthal/James moved and seconded to extend the agreement for three years. The motion carried unanimously. March 1, 2005 Cupertino City Council Page 7 18. Adopt a resolution approving the amended Guidelines for the Selection of Public Art, Resolution No. 05-040. JameslWang moved and seconded to adopt the resolution with an amendment to change the phrase on page 18-7 to read as follows: "Works of art may not be accepted if the city cannot provide for the display, storage, protection and preservation of the work under conditions that insure its availability to the public, and insure its permanency in the city's collection." The motion carried unanimously. 19. Conduct the first reading of Ordinance No. 1960 repealing Chapter 20.02, which required the City Council to authorize General Plan Amendments. "An Ordinance of the City Council of the City of Cupertino repealing Chapter 20.02 of the Cupertino Municipal Code Regarding General Plans." The Community Development Director noted that passing this ordinance will not do away with any of the publicly noticed hearing process, it only removes the early step where the Council acted as gatekeeper before an application could be filed. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES 20. Conduct the second 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)." (Greg Pinn, Oak Park Village, 10745 N. De Anza Blvd. (former Santa Barbara Grill site), Assessor's Parcel Number 326-10-064). Kwok asked ifMr. Pinn had any comments regarding an in-lieu fee and whether he would consider putting funds into park fees or some other fees. Gregg Pinn said that as a member of the development community and board member of the Homebuilders Association, he was urged to avoid setting a precedent. However, as a community member and business owner in Cupertino, his company is committed to donating money to a fund, or specifically to the library or to parks. 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. JameslWang moved and seconded to enact Ordinance No. 1959. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. March 1, 2005 Cupertino City Council Page 8 STAFF REPORTS - None 23. The next General Plan meeting is scheduled for March 8, 2005, 6:45 p.m. in the Community Hall. The subject is Circulation and Public Safety. (No documentation in packet). City Manager David Knapp invited the public to attend. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:35 p.m., the meeting was adjourned to Monday, March 7 at 7:00 p.m. to hold a joint meeting with the Parks and Recreation and Bicycle and Pedestrian Commissions to discuss the Stevens Creek Corridor project, Council Chamber, Community Hall, 10350 Torre Avenue. ok!r/J?1-¿lf!( L,,¿; Kimberly Smith, 9 Clerk i/ 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.