Loading...
CC 09-20-05 MINUTES CUPERTINO CITY COUNCIL - REGULAR MEETING SEPTEMBER 20,2005 em F CUPERJINO ROLL CALL Present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, Council member Sandra James, Council member Dolly Sandoval, and Council member Kris Wang. At 6:05 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino. PUBUC COMMENTS REGARDING CLOSED SESSION - None Introduction to closed session. The City Attorney explained that a closed session item, Honda v. Smith, became an issue after the agenda was printed, and it required a majority vote of Council to be placed on the agenda at this time. Motion: Add the Honda v. Smith item to the closed session agenda. Moved by Council member Sandra James, seconded by Vice-Mayor Richard Lowenthal. Motion carried 5-0. CLOSED SESSION A. Pending litigation in Superior Court, Honda v. Smith. The City Attorney announced that no action was taken on this item. 1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 regarding the De Anza Cupertino Aquatics (DACA) lease. (No documentation in packet). The City Attorney announced that no action ~ taken on this item. 2. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 for City owned residential lots in Oak Valley. (No documentation in packet). The City Attorney announced that, in regard to the Oak Valley lots, Council concurred to list Lot No.2 at $1.2 million, and Lot No. 11 at $1.3 million; Council also authorized the City Manager to accept the highest offer on each property if it is less than the listed price, but not less than $150,000 below the listed price of either property. September 20, 2005 Cupertino City Council Page 1 PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Kwok led the Pledge of Allegiance. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITI'EN COMMUNICATIONS The City Clerk stated that several documents had been submitted that were related to item No.7, the General Plan. ORAL COMMUNICATIONS Chris Valde, from St. Joseph's of Cupertino School, invited the public to attend their second annual family-fun carnival this weekend. More information is available at www.sicschoolor~carnival. Council member Dolly Sandoval announced that Naomi Nakato Matsumoto had been selected as the new Executive Director of Cupertino Community Services (CCS). Staff and Council members reported on the activities planned for this weekend when the City of Cupertino would be celebrating its 50th year, in conjunction with the Cupertino Rotary Club and the Cupertino Chamber of Commerce. Staff introduced representatives from Granicus, Inc., who were helping to install new software which would enhance the Web casting which allows people to watch meetings and see agendas and minutes on the City's Web site for City Council, PI"nning, and Parks and Recreation meetings. CONSENT CALENDAR 3. Adopt resolutions accepting Accounts Payable for September 2 and 9, Resolution Nos. 05-159 and 05-160. 4. Adopt a resolution accepting Payroll for September 9, Resolution No. 05-161. 5. Adopt a resolution adopting the National Incident Management System, Resolution No. 05-162. Item No.6 was pulled for discussion. Motion: adopt items 3, 4 and 5 on the Consent Calendar as recommended by staff. Moved by Council member Kris Wang, seconded by Vice-Mayor Richard Lowenthal. Motion carried 5-0. 6. Adopt a resolution adopting the revised Cupertino Emergency Plan, Resolution No. 05-163. Motion: Adopt the revised Cupertino Emergency Plan. September 20, 2005 Cupertino City Council Page 2 Moved by Council member Kris Wang, seconded by Vice-Mayor Richard Lowenthal. Motion carried 5-0. NEW BUSINESS 9. Consider a fee waiver request from the Cupertino Tournament of Bands in the amount of $1090.00 to conduct their annual marching tournament on Saturday, October 8, 2005. Motion: deny the fee waiver request from the Cupertino Tournament of Bands because it is not a non-profit org/lnÎ7"rion. Moved by Council member Sandra James, seconded by Vice-Mayor Richard Lowenthal. Motion carried 5-0. Craig Slama said the Toumament of Bands is a 35-year tradition, and this event is a . fundraiser to support the program. He said he can be reached at 725-8276, and he would appreciate any support from the community. He asked Council to waive the . fees for their event. PUBUC HEARINGS 7. General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of September 14). Community Development Director Steve Piasecki reviewed the staff report. The City Clerk stated that several documents had been submitted which included: Letters :from John E. James, Alexander Arzeno, the Cupertino Chamber of Commerce; email :from John Knopp; notes from a phone call from Helen Kopy; and a chart titled City Council Decision Matrix, September 20, 2005. Rachel Fatoohi, Regnart Avenue resident, suggested changes to the legend in the trail linkages map on page 252, and asked about the designation of a "future" path from Linday Lane to the urban service boundary, which already exists. The Community Development Director said that there may be a path in place, but it has not been officially designated as a trail. He said that staff would change the legend to show a difference between existing and future trails. Charlie Taysi, Lindy Lane resident, said that he bought his home assuming the existing lot siZe was the regulation siZe. About 10 years ago, there was an attempt to subdivide, which was rejected by the Council, but there is now a second attempt. He said this would have negative impacts on the hillside, the view, and the air quality, and would create ongoing noise from new construction. May Koski, Regnart Road resident, asked the Council to remove the the future trail linkages on Regnart Road from Lindy Lane to the open space gate, to remove item 6 from the trails section (Regnart Creek and West Foothills), and remove Strategy 270.3 (required trail dedication or easement when developing). She said that Regnart .Creek is steep and narrow, prone to slides, and primarily privately owned, and adding a trail would be detrimental to the local wildlife and to the quality of life of the residents. September 20, 2005 Cupertino City Council Page 3 Bob Rodert, Lindy Lane resident, said that he was told that the lot across the street from his home could not be further subdivided. He asked that Council not allow further development of the north side of Lindy Lane in order to retain the rural landscape. He said there were landslides when homes were built higher up the hill, and any further soil movement would trigger additional slides and drainage problems. John Knopp, Lindy Lane resident, said he purchased his lot with the intention to subdivide it later, and he talked about potential financial losses if the owners of subdividable lots are prevented from doing so as a result of a zone change. Jennifer Griffin, Cupertino resident, said she did not receive any hearing notices from the city within the last 3 to 4 weeks. She asked Council to keep building heights and densities down; preserve the views ofhil1s; preserve high-tech parks; protect the schools; and improve safety on the Stevens Creek Corridor. She said that Rancho Rinconada has limited vehicle access, and traffic control is needed at Stem and Stevens Creek Boulevard. Frank Sun, Lindy Lane resident, said that the residents did not receive notification about March 2005 ordinance which affected 27 properties, and it had a profound impact with no opportunity for the residents to speak. He said the rezoning would have an even more profound impact, and that the laws of the city should remain stable so that people can have proper input, and plan for their retirement. Council member James explained that the postcard notices are delivered to all residences by the post office, and encouraged residents to contact their local post office ífthey discover they are not receiving them. Community Development Director Steve Piasecki said that when the R-l ordinance was dicussed in March, there was a city-wide postcard notice regarding the change, but it was probably not specific to the issue raised by Mr. Sun. Mark Santoro, Lindy Lane resident, said he was one of the 27 property owners affected by the proposed rezoning. He said the matter is about property owners' rights, and they want to retain the rights they have and maintain their property values. He said that he first learned about the 15% overlay rule in the hillsides, to become effective March 1, when he attended an informational meeting in January with pl"nning staff. He asked that Council repeal the ordinance because it applies two sets of zoning rules, and because the owners were not infonned. He said that there will be a severe impact on property values, and this action has triggered subdivisions sooner than would have otherwise occurred. He said that the Planning Commission also recommended against the overlay and the rezoning. Sherry Fang, Lindy Lane resident, said she concurred with Mr. Santoro, Mr. Sun, and Mr. Knopp. She asked the Council to repeal paragraph C of19.28.050 of the R- 1 ordinance. She said those properties are now subject to both residential and hillside rules, and there is another rezoning proposal in the works. Mike Bullock reviewed some charts related to his proposal for a car park and cash- out program to address some issues that had been raised by the Chamber of September 20, 2005 Cupertino City Council Page 4 John"th"n Kimura, Cupertino resident, spoke in favor of a car park and cash-out program. Mark McKenna, representing the Cupertino Chamber of Commerce, recommended against including the car park cash-out program in the General Plan because it would be difficult to enforce, and it would be detrimental to subsequent users of a property. He also said that General Plan Amendment sections 2-20, 2-42, 2-63, and the Cohesive Commercial Centers criteria were unfair and would harm businesses. Christina Dalleore, Lindy Lane resident, said she did not feel the neighbors were properly notified about the mning change to the hillside properties. She said she may have received a postcard but it wasn't clear about the impacts on the property. However, they did get invited to the January informational meeting, so the system can work if it is made clear what the topic is. She said she did not plan to subdivide, but felt it unfair that her property would lose value if the rezoning is passed. Erik Morley, representing Morley Brothers and SobIato Development, said they supported the pl"nning Commi~"¡on recommendations regarding height and density in the V allco North area, and the staff recommendation for unit allocations. He said they also supported pooling and reallocating non-residential space for industrial property, which creates strong economic development tools and flexibility for cities. Fari Aberg said she was a member of the Regnart Creek Gatekeepers, and urged Council to keep the gates closed between Pacifica, South Blaney, and Portal, and to remove that section of the trail from the General Plan to protect the residents' safety and privacy. Mark Rindge said he also did not receive notification about the potential trail along Regnart Creek, and would appreciate direct notification to people specifically affected. He talked about impacts on privacy and potential liability created by an attractive shortcut through his property from the trail to a nearby school. Community Development Director Steve Piasecki clarified that the trail portion east of De Anza Boulevard was not focused on because it was unchanged from the 1993 General Plan. Richard Silverman said that he shared the previous speaker's concerns about trail impåct on privacy of homeowners, and pointed out an area on the map where there is a railroad track. He said their section of the street does get limited access from the tracks and there has been a fair amount OfYHnd,,1i<:m. and they are aware of some drug deals that have taken place there. The creek has almost a 40 foot vertical drop and could be very dangerous to have a trail there. Mark Bums, representing the Silicon Valley Association of Realtors, spoke in opposition to changes in the hillside mning because of the negative financial impact on these properties and the loss of the property owners' rights. David Constant, resident, spoke in opposition to the hillside rezoning, because of the affect on property values. He said he still did not understand why the rezoning was necessary, and asked for more advance notice. September 20, 2005 Cupertino City Council Page 5 Beverly Bryant, Executive Director of the Homebuilders Assocation, asked that Council reconsider the staff recommendation to reduce building heights from 60 to 45 feet and retain more flexibility instead. She said they also were opposed to reducing density and setbacks, and to requiring fire sprinklers in all new residential construction. She said that most fire-related deaths occur in homes built prior to 1968 and new codes require ·hardwired fire "1,,nn~. She said more consideration should be given to "green" building standards because there will be changes occuring in state codes. Phillip Mahoney said he represented about 18 partners that own some older research and development manufacturing areas on the northern Tantau area. He spoke in favor of pooling residential units, and said that the north Tantau area would not be coming back, and replacing them with residential uses could help the jobslhousing balance. He said their property is not in the Cupertino School District so there would be no impacts there. Council members ooncurred to continue this item to the October 4 meeting; and to take up the Kim Street closure item first, followed by the General Plan hearing. RECESS NEW BUSINESS (continued) 8. Sister Cities: a) Approve the Revised Policy and Guidelines for Sister City Partnerships Motion: remove the phrase "Cupertino will not establish a relationship with any foreign city that already has an affiliation in the U.S. " in the first bullet under New Affiliations on page 8a-3 of the staffreport. Moved by Council member Sandra James, seconded by Council member Dolly Sandoval. Motion carried 5-0. b) Consider the request to pay for hotel accommodations for the Hsinchu Sister City delegates during the Golden Jubilee Celebration Motion: adopt the proposed revision to the Policies and Guidelines on Sister Cities for the City of Cupertino with the following changes: Out of the $5.000 the City has allocated for each sister city, the Hsinchu Sister City Organi....rion may use $1,000 toward their sister city participation in the City's Golden· Jubilee. Moved by Council member Sandra James, seconded by Council member Dolly Sandoval. Motion carried 5-0. 10. Request of Councilmember Wang for Council to direct staff to initiate amendment to the 'Heart of the City Specific Plan' which will insure consistency between the language of the plan and future application for subdivision approval (minimum retail space and/or setbacks) and for staff status report within 90 days. (No documentation September 20, 2005 Cupertino City Council Page 6 .. ." The City Council concurred to refer the matter to staff for clarification and report back to the Council in approximately 90 days. 11. Conduct the first reading ofOrdinance No. 1968: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150 Relating to Parking Prohibition Along Certain Streets to Remove the Prohibition of Parking on the West Side of Vista Drive Between Apple Tree Drive and a Point 200 Feet South. " Motion: read the ordinance by title only, and that the City Clerk's reading would consitute the first reading thereof. Moved by Council member Sandra James, seconded by Council member Dolly Sandoval. Motion carried 5-0. 12. Receive an update from the Vallco Fashion Park representatives regarding development plans. Mike Rohde, representing Vallco Fashion Park, said that they have broken ground on AMC theater, and have begun construction on the lower level reinforcements, and plan to open in November 2006. He said they already have letters of intent with each department store and the rem"ining documents are under review and should be executed soon. Richard Elliot, project architect, reviewed a slide show titled "Vallco Fashion Park Renovation and Repositioning." Emily Chen, representing Vallco International, LLC, said they were very pleased with the progress they have made on the Vallco Plans, especially on the AMC movie theaters which are slated to open in November 2006. She said that this will be a very high-quality project which will attract new retailers. She th/lnlrP.d the City Council and the community for their support, and said they hope to complete the project within 3 years so that within 5 years it will be competitive with other retail centers and will increase the City's financial strength. She said that they expect revenue of $1.2 million a year for the City in sales tax. Kent Kernaban asked that Council develop a plan that will protect the privacy of the homes near this new development Jennifer Griffin, resident, said that it was very important that the City do sufficient outreach to the residents of Rancho Rinconada. She expressed concern about traffic impacts on the 280/Stevens Creek corridor, and asked that special attention be given to the impact on local roads. The City Council took no action. UNFINISHED BUSINESS - None ORDINANCES September 20, 2005 Cupertino City Council Page 7 .'-. 13. Conduct the second rt'"iHng of Ordinance No. 1966: "An Ortlimmce of the City Council of the City of Cupertino AmeTIrling Chapter 14.04, Section 14.04.230 of the Cupertino Municipal Code Relating to Street Improvement Requirements, Exception Based On Less Than Twenty-Five Percent Expansion of Existing Floor Area." Motion: read the ordinance by title only, and that the City Clerk's reading would consitllte the second re"Æng thereof. Moved by Council member Kris Wang, seconded by Council member Sandra James. Motion carried 5-0. Motion: enact Ordinance No. 1966. Moved by Council member Kris Wang, seconded by Vice-Mayor Richard Lowenthal. Motion carried 5-0. 14. Conduct the second J"""ñing or Ordinance No. 1967: "An Ordinance of the City . Council of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code -Stormwater Pollution Prevention and Watershed Protection, Revising Storm Water Pollution Prevention Requirements for Land Development Projects." Motion: read the ordinance by title only, and that the City Clerk's reading would consitllte the second J"""ñing thereof. Moved by Council member Kris Wang, seconded by Council member Sandra James. Motion carried 5-0. Motion: enact Ordinance No. 1967. Moved by Council member Kris Wang, seconded by Vice-Mayor Richard Lowenthal. Motion carried 5-0. STAFF REPORTS - None COUNCIL REPORTS City Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:57 p.m., the meeting was adjourned. . ~ ~lty 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 Intemet at www.cupertino.orS!.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.orS! and click on Watch Meetings. Videotapes are available at the r.npertino Library, or may be purchased from the Cupertino City Channel, 777-2364. September 20, 2005 Cupertino City Council Page 8