CC 01-05-94
·
Cc-87IA
MINUTES
Regular AdjOlJ1'ned Meeting
Conference Rooms C at D
January 5,1994
PLEDGE OF ALLEGIANCE
Mayor Koppel led the Pledge of AllegiSllV'#. and ca1Ied the meeting to order at 6:45 p.m.
in Confereoce Rooms C and D, 10300 Torre Avenue.
ROLL CALL
Council members present; Jolm B8IItÍStI!., Don Burnett, Laura1ee Sorensen, and Mayor
Barbara Koppel. Council members ab!ient: Wally Dean.
Staff Present: City Manager Don Brown
City Clerk Kim Smith
Public Worlcs Director Bert Viskovicb
Community Devel~t Director Bob Cowan
Parks and Recreation Director Steve Dowling
City Attorney Charles Kilian
Public Ltformation Officer Donna KIey
City Planner Ciddy Wordell
Planner" Vera Gil
ORAL COMMUNICATIONS
None.
NEW BUSINESS
I. Consideration of General Plan policies and of setting a public b.-4 for a
General Plan amendment.
The City Planner provided backgrouDd information om the Housing Element and
reviewed a hand-out and overheads wbich discussed the following: Housing
needs through 1997; housing supply; maps of the residential amIS in the ...~
General Plan; housing units by plannil'lg disIriå; and a chart comparing commr.nt!l
ftom the State Department of Housing and Community Development (HCD) with
staff responses and a list of available options.
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January 5, 1994
Cupertino City Council
Page 2
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The Community Development Din:ctor said that some painless changes could be
made by being more specific and ¡nalcing some policy changes. He encouraged
that the hearing be opened at the planning Commission level to consider some of
the options ploposed by staff.
The City Attorney said that if HCD determines that the Housing Element is
insvlcquate. a hearing must be held and all of the changes must be made. The
other option would be to make fmdings which address all of the State's roncems.
Counc. Dean and Sorensen discussed their concerns regarding the accuracy of the
State's numbers, that the employment figID'CS are too high. and that the figID'CS did
not take into account the corporate downsizing that r.as already occurred and
which may continue.
Counc. Burnett felt that the City should try to comply with State law. He noted
that the numbers under discussion only covered the 1984 Genera1 Plan, and even
the City's nexus study showed a need for 9,000 homes.
CLOSED SESSION
.
At 5:30 p.m., the City Council adjourned to a closed session to discuss pt"IVIing litigation
by the Roman Catholic Diocese of San Jose. At 5:47 p.rn., City CoUDCil reconvened.
The City Attorney announced that the CoUDCil had held a closed session to discuss
strategies regarding the Diocese lawsuit. Advice was given by counsel and no action was
taken by City Council.
NEW BUSINESS - coDtillaeel
I. Consideration of Genera1 Plan policies and of setting a public hearing for a
Genera1 Plan amendment. (continued discussion)
Mr. Hiram Sibley, 6729 Dartmoor Way, San Jose, discusStd some properties
which he owned on lower Stelling near the Cupertino city limits. He suggested
that the Council provide incentives for homeowners on that street to have their
property annexed into Cupertino and to construct additional units, which could
help to increase the housing stock by as much as 150 units. The City Planner said
that the current Genera1 Plan did have a program to consider that particular area
for residential use in 1994, so the su¡reestion could be explored at that time.
.
Mr. Meinrod Hanggi, 22090 Lindy Lane, explained that he built his home in 1980
and later bought the adjoining property. He paid taxes on it for 13 years with
plans to build there, but now the General Plan had turned it into a non-buildable
lot which impacted him financially. He said that the second p.ope.ty already bas
sewer, water, electricity, and a road, a."1d he asked that his property and others in
Janusry S. t994
cupertino City Council
Pasc 3
the hills be removed úom the building restrictions of the new ordinance. 1ñe
Community Development Director noted that Mr. Hanggi was one or 8 or 9
people affected by the hillside policy in the Genera1 Plan because they have
contiguous ploperties of less than 5 acres. He said that it was similar in nature to
the problem faced by Mr. Cecil Mohan and the item was on the Council agenda
for January 18.
Ms. Sue Mirch-~hm""n, 20568 Blossom Lar.e, referred to the paragraph
regarding affordability on page 6 of the staff report. She urged that care be taken
to build homes in the appropriate price range for the community and not overbuild
in one category. She asked for a public bearing to address ways to provide more
affordable housing.
The Comm~ty Devel;>pment Director referred to Mr. Sibley's suggestion
regarding the annexation of property, and explained that it would affect the
jobslhousing balance, but it would not affect the 2500-unit shortfall beca,,~ the
State wanted the City to build new housing to address that shortfall.
)
Counc. Bautista said there was a need to revisit the Housing Element. He saw
four ways to meet the State's requirements: (I) Rezoning; (2) Incentives; (3)
Increased ,Jensities (which he opposed); and (4) Changing the læMl Use Element
to reduce the amount of allowable commercial property. He suggested that
Council con.qder changes to the Land Use Element and aJso the use of properties
along Bubb Road to address the property owners' concerns about future use of tbat
area. Counc. Banhct.a said that he had apprehensions about 7..oning the Bubb Road
area as resióential.
The City Attorney said that the Genera1 Plan could be amended in places to
address the State's concems. but it will still be necesSAry to make some findings as
well. 1ñe City Manager asked if the optio:JS presented by staff were adeq\Jate, or
if Council wished to explore others.
Mayor Koppel requested that the Bubb Road area be investigated as to future
uses. Counc. Burnett suggested rezoning land in the Vallco area to residential, or
identifying specific parcels only for residential. The City Planner rem;",w
Council that the 500 units in that district were already counted and the State
wants more infOl1Jl8!Íon on the type, density, and affordability. Counc. Burnett
suggested consideration be given to in...-reasihg it to 600 units. Mayor Koppel also
asked for infonnation about receiving credit úom surrounding communities.
.
Counc. Bautista said he would like to address the amount of ind:'striaI growth in
the plan, that there may be more than ilie City can accommodate. He noted that
the tier system ostensibly controls trarñc impact, but there ¡Ire no sanctions to
enforce the reductions in traffic. He suggested opening the Land Use section of
.
.
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January S, 1994
Cupertino City Council
Page 4
the General Plan \\ith the goal of reducing officefmdustriaI growth, and that
consideration be given to removing the tier system or strengthening sanctions,
especially if property is sold to a new occupant
Coone. Sorensen said she was opposed to reopening the Land Use Element, and
mOI'C time was needed to let it settle. Counc. Bautista said that it should be
reconsidered in order to adjust expectations to reality. He said that meeting the
State's concerns at this time was not a difficult task, but in 1997 there may be
another shortfall when the City is built out so Council should define the correct
levels of commercial and residential while there was $till some COUbul to retain
lower densities. He said he did not advocate mandatory restrictions on growth,
but felt that the level of industrial growth currently allowed would mean the City
will have to provide even more housing.
Mayor Koppel said she would not support opening up the Land Use Element
Counc. Sorensen COTI1:urred and said that it would send a message to the
community that a Council election means a new General Plan.
Counc. Dean felt the data and numbers from the A$SOCiation of Bay Area
Governments (ABAG) were highly inacc:urate, and the only solution. after
creating ultra-high density developments, was to develop the hillsides, and be
wanted neither. He said that he did not !Jee a need to open the Land Use Element
at this time, and Sllggested that it be addressed later during the regular annual
review, and only the Housing Element be opened now. Counc. ~ntista noted
that he was not in favor of increasing housing. but felt that taking a look at the
Land Use Element for ways to decR:ase allowable industrial deve1v¡.u-.t would
serve as another weapon with which to fight the State. Counc. Dean and R..nti!Jta
agreed that a strong position should be taken with the State, and that they did not
want to increase housing.
Council concurred to refer this item to the Planning Commission to set a public
hearing to consider the Housing Element of the General Plan, and the Land Use
Element would not be addressed before October 1994.
ADJOURNMEJ'oi"T
Council concurred to adjourn to Wednesday, January 12, 1994, at 6:30 p.rn. m
Conference Room A to interview candidates for advisory boards and commissions.
~~
Kim Marie Smith
City Clerk