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CC 01-31-06 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, January 31,2006 PLEDGE OF ALLEGIANCE At 1 :08 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. ORAL COMMUNICATIONS - None GOAL SETTING WORK SESSION 1. Council discussion: Goals and Interests The Council members each explained why they chose to run for the City Council. Council member Kwok said he served on the Planning Commission and ran for Council because he wanted to make a difference and to help make Cupertino a better place to live. For the remainder of his term, he specifically hoped to see the revitalization of Vall co, to build community, and to orient the city's development activity toward "smart growth." Council member Mahoney said he was very interested in increasing the city's financial vitality, and hoped to reinvigorate retail, including Vallco. He said he would like the city to be more proactive about land use planning, and he was enthusiastic about the Stevens Creek Corridor. Council member Wang said that she felt there was a big distance between the Council and the residents, and she ran for office to find a way to welcome newcomers and to lessen the gap between the residents and local government. Also, she wanted to maintain the suburban feel of the community, and she felt it was very important to educate the community about the General Plan and the city's financial situation. January 31, 2006 Cupertino City Council Page 2 Council member Sandoval said her interests included environmentalism, economic development, public safety and emergency preparedness, traffic and transportation, housing and smart growth, and a park for residents on the east side of town. Mayor Richard Lowenthal said his measure of success was to have more things for people to do in the City of Cupertino, so his focus is on walkability, a pedestrian/retail environment, trails and parks. He said that Vallco revitalization was also one of his main goals. Lowenthal said he would like the city to become more progressive, for example in solar power, and to see if there are ways to improve customer service in the planning process. Council members and staff discussed ways that the City Council could better communicate their priorities so that the Planning Commission could be most efficient in identifying issues and making recommendations. They also talked about holding more joint meetings, addressing the inconsistencies that are currently in the Heart of the City specific plan, and having more of the planning staff attend the study sessions. 2. Staff presentation: Organization and Work Program Public Works Director Ralph Qualls reviewed a PowerPoint presentation that explained the various roles in city government, which include policy makers, management employees, and professionals. He illustrated this with an example of school site playfield maintenance by the city. In that example, the City Council would approve the concept for the city to maintain school grounds in exchange for use by intramural athletics; approve the budget; and consider recommendations ITom management staff about how to implement the program. Next, the management staff would negotiate with the school district, authorize hiring of staff, acquire equipment and resources, and supervise the implementation. Finally, the professional staff would assemble resources and carry out assignments, and provide feedback to management during implementation for any necessary adjustments. City Manager David Knapp reviewed a PowerPoint presentation that highlighted the city's organization chart and what functions each of those departments provided. 3. Council Work Program for 2006 and beyond The City Manager reviewed charts that illustrated the proposed 2006 City Council Work Program. Council members made the following comments: · The Work Program should have less emphasis on specific planning projects and more emphasis on a broader overview of sites to be developed or redeveloped · Staff to report back on which programs are subsidized and which aren't, and see if there are ways to boost revenues (such as at the Sports Center) · Are there city park funds held by the County of Santa Clara which could be used toward acquiring land around Stevens Creek · Consider whether developer park fees should be spent to payoff debt on previous park acquisitions or to acquire new land January 31, 2006 Cupertino City Council Page 3 RECESS · Consider increase below-market-rate in-lieu fees Investigate grants which may be available ITom the Air Quality Board for the Mary A venue pedestrian footbridge Consider adding additional CERT (Cupertino Emergency Response Training) classes if additional volunteer instructors or financial resources can be identified Consider reinstating the Leadership Cupertino courses and explore funding methods Delete item 5A, "provide housing opportunities for Cupertino workers" Before the budget is adopted, Council needs to discuss how much financial support they are willing to invest in item 9, "supporting community organizations" Put coffee back in the budget for employees and community meetings Look for ways to streamline processes and improve customer service in the Building and Planning divisions Review the Heart of the City Specific Plan this year · · · · · · · · The Council recessed ITom 3:45 p.m. to 4:02 p.m. PUBLIC HEARING (continued ITom January 30,2006) 4. Consider Application Nos. U-2005-l6, ASA-2005-1l, Z-2005-05, TR-2005-04, DA- 2005-01 (EA-2005-l0), Mike Rohde, (Vallco Fashion Park condominium development), 10123 N. Wolfe Road, APN 316-20-064 and 316-20-057: A. Mitigated Negative Declaration B. Use Permit and Architectural and Site Approval to construct a 137-unit, two and three-story condominium development C. Re-Zoning of a 5 .19-acre parcel ITom Planned Development (Regional Shopping) to Planned Development (Regional Shopping/Residential) First reading of Ordinance No. 1975: "An Ordinance of the City Council of the City of Cupertino Rezoning of a 5.19-Acre Parcel From Planned Development (Regional Shopping) to Planned Development (Regional Shopping/Residential) at 10123 N. Wolfe Road." D. Tree Removal for an attached condominium development January 31, 2006 Cupertino City Council Page 4 E. Modification to a Development Agreement (l-DA-90) to encompass the development proposed in U-2005-16, ASA-2005-11, Z-2005-05 and TR-2005-04 First reading of Ordinance No. 1976: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (l-DA-90) to Encompass the Development Proposed in U-2005-16, ASA-2005-l1, Z-2005-05 and TR-2005- 04 for a 137 Unit, Two- and Three- Story Residential Condominium Development at 10123 N. Wolfe Road." Community Development Director Steve Piasecki gave an update on information that the City Council had requested the previous evening. This information included options for improving privacy, increasing landscaping, and meeting the needs of the Fire Department. He noted that Fire Department staff reviewed the plan and stated that access is adequate to serve their needs, and they do not have to have access through the wall. Stephen Rowley, Superintendent of Schools of the Fremont Union High School District (FUHSD), said that they concur with the sampling methodology used to estimate student generation. He said in some cases the district would actually come out ahead because the property tax proceeds are higher than the cost per student. He showed a chart comparing projected student populations at all of the schools as well as a chart titled "Current and Proposed Enrollment." He explained the difference between optimum capacity and maximum capacity, and discussed how open enrollment is triggered to allow students to change schools when more capacity becomes available. He said that the school board feels strongly that no position be taken either in favor or against a development, but he said that the anticipated students ITom this project will not be a big impact in the high school. City Attorney Charles Kilian reviewed excerpts ITom State Government Code 65995(a), 65995(e), 65995(i) and 65996(b) and explained that these laws prohibit the city ITom denying a project based on the impacts on or the inadequacies of schools. He also read a draft condition for the Council to consider if they wished to prohibit any openings in the dividing wall between Vallco and the existing neighborhood: "The applicant shall record a covenant running with the land in a form which is acceptable to the city attorney and which burdens both the residential project and the remainder of Vallco Park prohibiting the owners, their successors in interest and any associated homeowners associations or lessee holders ITom causing removal of any portion of the wall located along the westerly boundary of the Vallco properties intended to provide pedestrian, bicycle, or vehicular access to the adjacent neighborhood. This covenant can only be released or modified by action of the Cupertino City Council after receipt by the City Council of written consent to such release or modification by a majority of the property owners owning property between the wall and Portal Avenue." Applicant Emily Chen said the language was acceptable. January 31, 2006 Cupertino City Council Page 5 Rick Houseman, Chief Business Official for the Cupertino Union School District (CUSD), said that the number of students expected to be generated ITom this project would not create any difficulty for the school district. At 4:48 p.m. the Council recessed and relocated the meeting into Conference Room 100, 10300 Torre A venue, Cupertino. The meeting reconvened at 4:53 p.m. Wang said that the estimated increase in sales tax for the Vallco project did not include the negative financial impact for the residential units, which must be supported by the City. She was not in favor of converting any commercial space to housing uses. Sandoval said her preference for this project would be to have the parking in a different place, relocate some units, have fewer units facing the garage, create walkability and pedestrian and bike thoroughfares, with pedestrian gates in the wall that close at 9 p.m., and that the units that are removed ITom the plan should be the 3-bedroom units instead of the 2-bedroom units. Mahoney/Kwok moved and seconded to approve the Negative Declaration. The motion carried with Wang voting no. Mahoney/Kwok moved and seconded to approve the Use Permit and the Architectural and Site Approval with the following conditions. The motion carried with Wang and Sandoval voting no. · The applicant shall record a covenant running with the land in a form which is acceptable to the city attorney and which burdens both the residential project and the remainder of Vallco Park prohibiting the owners, their successors in interest and any associated homeowners associations or lessee holders ITom causing removal of any portion of the wall located along the westerly boundary of the Vallco properties intended to provide pedestrian, bicycle, or vehicular access to the adjacent neighborhood. This covenant can only be released or modified by action of the Cupertino City Council after receipt by the City Council of written consent to such release or modification by a majority of the property owners owning property between the wall and Portal A venue. · Prior to occupancy, the applicant shall install public art on the project site. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. Prior to installation of the public art, the applicant shall develop and submit a public art plan for the project to be reviewed and approved by the Fine Arts Commission. · The applicant shall agree to spend up to $100,000 to acquire the rights to construct a shopping center sign on the north portion of the Vallco property off Highway 280, and to construct the sign. January 31, 2006 Cupertino City Council Page 6 · The applicant shall add a 3rd row of trees, where possible to the satisfaction of the Director of Community Development Department, encompassing the existing tree row and two rows of 48-inch box redwood trees within the existing landscape planter along the west side of the property · Occupancy of the condominiums will not be granted until the theater is open. · Modify Condition No. 4f (U-2005-16 & ASA-2005-11) to read: A maximum footprint of 3,600 square feet is permitted for the day care center, up to a total square footage of 4,000 square feet. · An additional 10-foot wide landscape area along the southern perimeter of the site shall be incorporated into the landscape plan. · The applicant shall demonstrate that with the wall extension, the visibility ITom the 2nd floor windows will not extend to any of the windows on the first floor and yards of the adjacent homes. In the event that it does, the applicant will be required to provide supplemental screening of the condominium building(s) or increase the height of the wall. · Modify Condition 4d to read: Modify the roadway entrance (Perimeter Road) so that there is a less severe turning radius (articulated corner treatment by the day care center) into the project site and more trees along Perimeter Road can be retained. · Modify Condition 4a to read: Modify plans to provide a minimum 20-foot side yard setback along the east property line adjacent to the Interstate 280 Wolfe Road off- ramp. · Transit Eco passes shall be provided by the Homeowners Association. Mahoney/Sandoval moved and seconded to approve the tree removal plan. The motion carried with Wang voting no. The City Clerk read the title of ordinance 1975. Mahoney/Wang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, and Mahoney. Noes: Sandoval and Wang. The City Clerk read the title of the ordinance 1976. Mahoney/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, and Mahoney. Noes: Sandoval and Wang. The City Attorney asked that a development agreement be submitted at the second reading of the ordinances. January 31, 2006 Cupertino City Council Page 7 ADJOURNMENT At 6: 17 p.m. the meeting was adjourned. ity 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 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 ITom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased ITom the Cupertino City Channel, 777-2364.