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CC 07-19-05 · CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, July 19, 2005 CALL TO ORDER At 6:00 p.m., Mayor Kwok called the meeting to order in the Cupertino Community Hall, 10350 Torre Avenue, and Cupertino. 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. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp and Carol Atwood concerning labor negotiations with Operating Engineer's Local No.3. (No documentation in packet). At 6:00 p.m. Council recessed to a closed session, and reconvened at 6:47 p.m. in open session. City Attorney Charles Kilian announced that the City Council had authorized an agreement, and would vote on that matter under item No. 17 on this agenda. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Boy Scout Troop No. 494 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. July 19, 2005 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS Mayor Kwok announced that the flags at City Hall were flying at half-staff in memory of Navy SEAL Matthew Axelson, a fonner Cupertino resident who was killed in Afghanistan. Mayor Kwok offered condolences on behalf of the Council and the community, and he also read a letter of condolence from Governor Arnold Schwarzenegger. Mayor Kwok said an endowment had been set up through the First Baptist Church of Los Altos to provide camping scholarships for children. He asked for a moment of silence in Matthew's memory. 2. Presentation by Ohana Foundation regarding donation of educational DVD's to the Cupertino Public Library. (No documentation in packet). Dr. Carlos Camargo, Director of Marketing and Educational Research, said the foundation is a nonprofit educational research and development finn now located in Cupertino. He showed a brief video describing the curriculum-based educational materials that will be donated by the founder, Mrs. Chan, and the president, Mr. Akubo, to the municipal libraries in the Santa Clara library system. The donation to the Cupertino library will be 250 DVDs that cover K-12 instruction. James/Lowenthal moved and seconded to accept the gift on behalf of the Cupertino Library. The motion carried unanimously. POSTPONEMENTS - None WRITTEN COMMUNICATIONS For item 14, the City Clerk distributed an excerpt from the draft Planning Commission minutes of June 15 related to the hillside exception for 22362 Regnart Road, and a letter from May and Paul Koski expressing continuing reservations about the development. The City Clerk also distributed six items regarding No. 15, the General Plan. These include (I), a letter from the Sobrato Development Corporation supporting the draft General Plan language or that recommended by the Planning Commission; (2) an email from Anne Ng objecting to proposed language on Page 14, No. 31, regarding Trail Projects; (3) A letter from the Sand Hill Property Company regarding proposed language changes in various sections; (4) A letter from Morley Bros., LLC, in support of Planning Commission recommendations; and (5) A letter from the Home Builders Association regarding proposed changes to several sections; (6) A letter from Robert Levy objecting to the draft wording regarding "financial benefit to the city". The City Clerk distributed an amended list of parcels which will be assessed fees for weed abatement for item 16; for item 17, a staff report and a draft Resolution No. 05-120 which would adopt the First Amendment to the MOD with Operating Engineers Local No.3. July 19,2005 Cupertino City Council Page 3 City Clerk Kimberly Smith said that Council had been given an email from the Boys Scout Troop 494 regarding alleged drug sales at McClellan and Bubb Roads, and offering some suggestions to address the problem. She noted that Captain John Hirokawa of the Santa Clara County Sheriffs Office had received a copy of Troop 494's email. He indicated that officers were aware ofthe problem and had made some arrests last month. ORAL COMMUNICATIONS Linda Merriweather, representing the San Francisco Shakespeare Festival, reported on the success of their opening weekend in Cupertino. She thanked the Council and the community for their 10 years of support. She invited everyone to attend the free perfonnance of Much Ado About Nothing, which will be continue over the next two weekends. CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with a correction to item 10, and with the exception of item No.4 that was pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 3. Approve the minutes from the June 21 City Council meeting. 5. Adopt resolutions accepting Payroll for June 17 and July I, Resolution Nos. 05-114 and 05-115. 6. Accept the Treasurer's Investment and Budget Report for June 2005. 7. Accept applications for an Alcoholic Beverage License: a) Lord India Cuisine, 1655 S. De Anza Blvd. 6 (existing restaurant in shopping center near intersection ofS. De Anza Blvd. and Prospect Road) b) Gochi Japanese Fusion Tapas, 19980 Homestead Rd. (fonner Peacock Lounge) 8. Accept a gift of $850 from San Jose Water Company to purchase emergency backpacks for the ARKS (emergency storage containers). (No documentation in packet). 9. Adopt a resolution approving Cupertino's Hazard Mitigation Plan as an Annex to the Association of Bay Area Government's multi-jurisdictional Local Hazard Mitigation Plan for the San Francisco Bay area, Resolution No. 05-116. 10. Adopt a resolution authorizing submittal of an application for the Federal Surface Transportation Program funding in the amount of $137,940 and a commitment for the local matching funds 0[$15,822 $17,872 to fund the Stelling Road, McClellan Road, and Tantau Avenue Pavement Rehabilitation Project, Resolution No. 05-117. July 19, 2005 Cupertino City Council Page 4 II. Accept city projects perfonned under contract for Reconstruction of Curbs, Gutters & Sidewalks, Project No. 2004-05 (JJR Construction Inc). (No documentation in packet). 12. Accept municipal improvements for Kindercare Learning Center, 1515 S. De Anza Boulevard. (No documentation in packet). 13. Adopt a resolution accepting a grant of easement for roadway purposes, John Ghashghari and Kelly Walsh, husband and wife, as Community Property with Right of Survivorship, Resolution No. 05-118. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Adopt resolutions accepting Accounts Payable for June 17, 24, 30, and July 8 Resolution Nos. 05-110 through 05-113. Community Development Director Steve Piasecki responded to a question by Wang, and said that the difference in postage costs between the General Plan and the Taylor Woodrow project was that the General Plan postcard was sent to all postal customers, and the Taylor Woodrow postcard only went to residential customers. In the future all postcard mailings will go to all postal customers. Wang/Sandoval moved and seconded to adopt the resolutions as recommended, and the motion carried unanimously. Mayor Kwok reordered the agenda to take up item 16 next. NEW BUSINESS 16. Conduct a hearing and adopt a resolution approving assessment of fees for the annual weed abatement program (private parcels), Resolution No. 05-119. The City Clerk distributed an amended list of parcels to be assessed the fees for weed abatement. Mr. John Knopp said that his property had been included on the assessment list in error and just wanted to confinn it had been removed. He was provided with a copy of the amended parcel list. James/Wang moved and seconded to adopt Resolution No. 05-119 with the amended list of parcels to be assessed. The motion carried unanimously. PUBLIC HEARINGS 14. Consider an appeal of the Planning Commission decision regarding EXC-2005-08 (EA- 2005-02), filed by Martin Bernstein, 22362 Regnart Road, APN 366-45-014, for a hillside exception for a new 6,500 square foot residence on a prominent ridgeline with July 19, 2005 Cupertino City Council Page 5 slopes greater than 30% and exceptions to the maximum wall height on the downhill elevation and to exceed the maximum grading quantities. Council member Lowenthal said he appealed this item on one irregularity and some of the findings. He said that the photographic evidence at the Planning Commission hearing was incorrect, although amended photos are included in the Council packet. Assistant Planner Gary Chao reviewed a PowerPoint presentation highlighting the project and the findings. Architect Martin Bernstein said he represented the applicants, Mr. And Mrs. McCamish. He reviewed a history of the project, said that the neighbors have reviewed it, and the applicants have 8 letters of support. He noted that the sanitary sewer has been approved by the sanitary district, and will be installed within documented easements. He discussed the steps taken to reduce the visual impact so the actual house will be lower than is shown in the story poles, plus there will be additional landscape screening. He said that he had also explained about the additional landscape to neighbor May Koski. Bernstein said there was some confusion at the Planning Commission meeting when it was mentioned that the house could be as much as 50 feet high; in fact the maximum height will not exceed 20 feet. He illustrated how the lower half of the structure will be constructed below grade, which will essentially be used for storage. The public hearing was opened at 7:44 p.m. Jennifer Griffin said she that she was aware of noticing problems when the Planning Commission heard this item. She said her concerns for the project included the house of this magnitude overlooking the reserve, the need to preserve the mature oaks at the site, and the height of the cupola tower. She also objected to the two-story pillars without a second-story setback. The public hearing was closed at 7:47 p.m. James and Lowenthal moved and seconded to refer the matter back to the Planning Commission for further consideration, taking into account the City Council's comments about lowering the height of the building/removing the cupola tower, increasing the landscaping, increasing the radius of notification, etc., and that it doesn't need to come back to the City Council unless challenged. The motion carried unanimously. The Community Development Director said that they would extend the radius for the public hearing notice to 2000 feet. Sandoval asked whether the General Plan should specify increased noticing, as well as a standardized width for orange netting used on story poles. The Community Development Director said that he would bring a written policy back to the City Council for their review, which could be more easily updated when needed. July 19, 2005 Cupertino City Council Page 6 RECESS The Council was in recess ftom 8:05 to 8:20 p.m. 15. Introduction of a General Plan update, Application Nos. GP A-2004-0l and EA-2004-l7, City of Cupertino, Citywide. Mayor Kwok explained that the Council would receive a preliminary presentation and hear public comments, but would take no action this evening. Also, there will be opportunities for public input on the topic in future Council meetings. Community Development Director Steve Piasecki explained that the General Plan is the city's blueprint for growth and change for next 20 years. The document is required by state law, and must address land use, circulation, housing, conservation open space, noise and safety. It should also reflect the values of the community. He said that the Plan is implemented by a variety of documents including annual budgets, capital improvements, council annual goals, the zoning ordinance, street standards, municipal code, development review, strategic plans, and specific plans. Piasecki reviewed the history of this current amendment, including the community surveys, task force meetings, and extensiye community notices. He said that tonight the City Council is reviewing the Planning Commission recommendation; the Task Force draft including a Minority Report; the Planning recommended amendments dated June 28, 2005; a hot topics background report that compares the plan alternatives, and the Environmental Impact Report (ErR). These are all available on the City's web site. Piasecki highlighted the document, including the guiding principles and community vision, principles for building community, and goals and policies. He suggested that the City Council organize the discussion around the topic of growth, including building height, setbacks, how much growth should be allowed, where residential and commercial uses should go, etc. Lowenthal asked that staff be prepared to address correspondence that Council has received on this topic and if the City Council get input ftom the Bicycle Pedestrian Commission regarding the Stevens Creek Trail. He also asked if the Council could get an integrated document to review. Piasecki responded that it is yery expensive and time- consuming to integrate the documents, so staff is waiting until they have received direction from the Council before doing that. The public hearing was opened at 8:42 p.m. Roberta Holliman said she was a member of the General Plan Task Force and one of authors of the Minority Report. She said that one of the most important issues is affordable housing, and she urged that Council set density limits that allow for and encourage below-market-rate housing. July 19,2005 Cupertino City Council Page 7 Mike Bullock recommended a "cash out" car parking policy to reduce congestion and increase choice. He explained that when a company offers employees cash if they agree not to drive to work, there is decreased need for parking spaces or lots and the excess land can be used for other purposes. He suggested some wording to amend the City's off street parking ordinance and other documents to promote this policy. Dean Sayre said that low-income housing in this community is an oxymoron. He said the city has built houses for teachers, firefighters, etc., since 1955, and the more the housing is divided and compressed, the greater the cost of the land. He said that there is a finite market for mixed-use development, and he was in favor of a planned community. Jennifer Griffin asked that the City Council keep new construction below 45 feet, preferably 35 feet; preserve views of the hillsides; don't building housing just because the ABAG numbers dictate it; and preserve the technology parks and green belts. Charles Ahern recommended the appointment of an environmental resources and sustainability commission, and challenge that group to fund themselves. He also noted item 63 on page 29 of the recommendation, and said that the EP A must approve all woodstoves. He proposed a ban on wood fireplaces in new construction. Kelly Snider, representing Toll Brothers, said that the administrative draft General Plan and the Planning Commission recommendations are a great start, and Toll Brothers especially supports the allocation of 300 housing units to the Vallco south planning area. Snider asked that the Council include an additional 100 units, perhaps ftom the Citywide allocation. That would allow Toll Brothers to submit their plans without requiring a General Plan amendment. Ned Britt said that a vote of three Council members can allow anything to be built, and there is no pennanency. He asked for a list of amendments in the last General Plan to see what they were and why they occurred. He also said that the ABAB jobslhousing numbers are too fuzzy, and suggested a real job count. Britt also said affordable housing is a misnomer and when developers are forced to build, they raise prices on other houses; affordable units are outside the market range and never serve to bring down prices. Dennis Whittaker said that any new development should not have a negative impact on its neighbors. Also, some things that should be addressed immediately include: parking spaces of a comfortable size; improved noticing, up to a mile or two; parks in new sectors of Cupertino; and better definitions of the ABAG jobslhousing numbers, or a change in the system. Eric Morley, Morley Bros. Real Estate, said he was also speaking on behalf Sobrato Development. He requested the adoption of the Planning Commission recommendations and the draft, including Vallco north area. He said they also support selective reduction of functionally obsolete buildings. July 19, 2005 Cupertino City Council Page 8 Alan Loving, representing Taylor Woodrow developers, said they are proposing a single- family development on Bubb Road and Results Way. They have monitored the Planning Commission review and recommendations, and noticed that the Commission recommended removing 94 residential units that were in the existing General Plan, taking it down to zero. He said such a move would make it difficult for them to build their project without a General Plan amendment, and he asked that those units be reinstated. He also said that his company was in support of converting small areas of obsolete commercial or industrial space to more useful land use. Tom Hugunin said that this is a 20-year General Plan, and yet plans are to have it finished by September. He felt the Council should take a slow and careful look. The public hearing was closed at 9: I 0 p.m. City Council members asked questions and gave suggestions to staff, including (1) Provide photographs of already constructed high-volume, high-quality retail uses that are 45 feet high; (2) Report back on how HP, Apple and other major industries might be affected by a reduction in square footage allowed for office & industrial uses; (3) Add a column on page 3 about special center housing units, showing how many units are approved and/or under construction, so Council can see the net difference if they proceed with the Road Map for housing; (4) Provide more detailed infonnation on the differences between the administrative draft, Planning Commission, and Task Force recommendations regarding the "Hot Topics"; (5) The General Plan should reflect the importance of fiscal self-reliance, particularly because changes by the State affect how the city provides services; (6) Table 2A, which outlines different element such as neighborhoods, commercial centers, etc., may need more clarification; (7) In charts where there are extreme discrepancies between the various recommendations, provide more explanation of the rational behind those recommendations. James/Wang moved and seconded to continue this item to August 16. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 17. Approve fiscal year 2005-06 tenns and conditions of employment for the bargaining unit represented by Operating Engineers Local Union No.3 (OE3). (Documentation to be distributed at the meeting): a) Adopt a resolution amending the Memorandum of Understanding between the City and the Operating Engineers Local Union No.3 (OE3), Resolution No. 05- 120. Administrative Services Director Carol Atwood said that the Council had discussed this item in closed session. July 19, 2005 Cupertino City Council Page 9 James/Lowenthal moved and seconded to adopt Resolution No. 05-120. The motion carried unanimously. 18. Consider appointing two Council members to serve on a committee to review a potential development agreement with the Toll Brothers. City Attorney Charles Kilian explained how the development agreement would work, if Council chose to approve it. Kelly Snider, representing Toll Brothers, said that they only have 5 years to complete their project, and this development agreement would give them more time to work on this extremely complex master plan, as well as allowing them to get started on the retail portion of the master plan proposal. Benefits to the City may be things such as a park exaction, an increase in affordable housing, housing for seniors, or other substantial unmet needs. Dennis Whittaker said that the community did not know that Vallco had a development plan, and it allowed the City and landowner to make plans without giving the citizens a say later on. He asked that Council deny the request and provide public notice to everyone for the nonnal process of public hearings. Ned Britt was opposed to the development agreement. He said the General Plan allocation for housing units has gone ftom 2300 to 4600, Toll Brothers has asked for an increase in their allocation, so it seems that Council is trying to force a new general plan before the latest change went into effect. Tom Hugunin said that a master plan for Vallco makes sense before any more work takes place, but a development agreement may circumvent that, so he was opposed to it. Jennifer Griffin said that a decision on the Vallco project should not be made until the community knows the results of the initiative measures on the November ballot. She also asked for Citywide notice. The public hearing was closed at 10:50 p.m. and the Council members discussed their options. James moved that Kris Wang and Richard Lowenthal work on a committee with staff to make a recommendation regarding whether to proceed with a development agreement, but at the same time encourage the developer to move forward with the project. Lowenthal seconded for purposes of discussion. Wang offered an alternate motion to continue this item. There was no second and the alternate motion failed. James called for the question, and the motion on floor failed, with Sandoval, Kwok and Wang voting no, and James and Lowenthal voting aye, so there will be no development agreement committee. July 19, 2005 Cupertino City Council Page 10 19. Conduct first reading of Ordinance No. 1965: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.74 of the Municipal Code regarding renaming the Telecommunications Commission." 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. The new name will be the Technology and Infonnation Communications Commission. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS 20. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director said that as of the preliminary close of the budget, revenues are over budget by about $2 million. She added that expenditures are below budget now, primarily because of employee vacancies, although there are still some items to be paid. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At II :25 p.m. the meeting was adjourned. The City Clerk noted that the meeting of August 2 would be cancelled, and Council would next meet on Tuesday, August 16. For more infonnation: 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 ftom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased ftom the Cupertino City Channel, 777-2364.