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PC 03-15-04 Joint PC & GPTF CITY OF CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL CUPERTINO PLANNING COMMISSION Regular Adjourned Meeting Monday, March 15,2004 CALL TO ORDER At 5:05 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Planning Commission members present: Chairperson Taghi Saadati, Vice-Chair Gilbert Wong, and Commissioners Lisa Giefer, Marty Miller, and Angela Chen. Commissioners absent: None. Staff present: Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Public Works Director Ralph Qualls, City Planner Cynthia Wordell, Senior Planner Vera Gil, and Deputy City Clerk Grace Johnson. STUDY SESSION - 5:00 p.m. in the Council Chambers 1. Conduct commission interviews at 5:00 p.m. for CDBG, Housing Business Representative, and Bicycle/Pedestrian commissions (staff recommends that these interviews be continued to April 5 at 5:00 p.m.). Kwok/Lowenthal moved and seconded to continue this item to April 5 at 5:00 p.m. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 2. Joint study session with the Planning Commission to consider recommendations from the General Plan Task Force. (This item was continued ftom 3/2/04). City Planner Cynthia Wordell gave a PowerPoint presentation. She commented on the purpose of the study session, the public hearing documents involved, and circulation. March 15,2004 Cupertino City Council Page 2 Council discussed how best to format the draft changes to show them most clearly, including using color, strikethroughs, charts, and graphs. Council agreed it was important to have the draft in as many forms as possible in order to encourage discussion. Senior Planner Vera Gil talked about the Association of Bay Area Government (ABAG) Regional Housing Distribution Model information ftom the slide show. She said the formula first determines Cupertino's share of the regional households growth and regional job growth. These numbers are then plugged into a formula that allocates to each city its share of the regional housing need. She said that in the ABAG distribution formula equal weight is given to housing and jobs. In the Housing Element of the General Plan each city is required to demonstrate that they have sufficient sites to accommodate the regional housing need assigned to it by the formula. Community Development Director Steve Piasecki said that the City must have a Housing Element that conforms to the state or the City could face legal sanctions. He said that the Task Force wanted to be as minimal as possible with housing numbers, and had taken out additional units that the Administrative Draft had contained. Gil discussed the next slide in the PowerPoint titled, "Regional Needs by Jurisdiction," showing Cupertino with a projected total housing need of 2,720 additional units. Wordell distributed a handout titled, "Community Form and Housing Opportunities", showing a comparison between the Task Force housing options 1 and 2, and building heights, versus the Administrative Draft housing numbers and building heights. The slide also included maps. She continued with the PowerPoint showing pictures of various buildings around town giving information on the heights, densities and set-backs. Council asked staff for a map showing the current heights and densities of buildings around town. David Greenstein, Byrne Avenue, said that he wanted to address an issue that came up in the last meeting regarding school, traffic, and housing. He said traffic at schools is really bad, but kids still get to school because parents use alternative ways, such as carpooling, using drop-off points, and having kids walk or bike ride. He said that regardless of the number of houses being built, whether it is none or many, growth will still occur in the schools, and Cupertino will adapt as it has done in the past by continuing to use alternatives. Nicol Lea, Vista Knoll Blvd., said that she is a signer on the Minority Report, everyone worked hard on the Task Force, and all views should be presented. She said that it was confusing because there are so many versions of the General Plan. She suggested starting with the current General Plan, then the proposed General Plan given to the Task Force, and finally the General Plan Task Force recommendations. She said she would exclude the term, "minority report" because it sounds divisive. She said a clear vision and instructions are needed throughout the process. She said she would like the City to review the General Plan once every five years, rather than ten. March 15,2004 Cupertino City Council Page 3 Rod Brown, La Paloma Dr., said that the visuals at tonight's meeting were useful and that the public should see them. He asked that the visuals be coordinated with all of the numbers to make it easier to understand. He said that the Minority Report made some general recommendations, but the signers would be willing to work with Council to explain the specifics and what the implications of those are. Jody Hansen, Silverado Ave., said that she was disappointed in the process by starting out with a draft amendment prepared by staff, rather than the existing General Plan. She said that it created confusion due to many different starting points. Andrea Harris mentioned the different members of her Task Force table group. She said that the document coming ftom the Task Force is good because it brings together all of the work ftom the Task Force. She said that she appreciated having the Administrative Draft as a starting point because it used modern views and came up with big ideas. Nina Daruwalla, Celeste Circle, said that she contacted the Cupertino Union School District (CUSD) statistician because she was concerned about the impacts on schools by future, proposed building. She said that the numbers clearly stated that the elementary schools would be impacted because they are full. She said that this is a bonus for them however, since they get additional money per child, and the district would simply readjust boundaries. She said the high school would really be impacted because that district receives no additional monies and the schools are extremely full. K wok said that he would like to proceed with the General Plan amendment using only one draft, the Task Force draft. Lowenthal said that he had a problem reconciling the Task Force draft with the community survey. He said the survey said the citizens wanted a more walkable community and affordable housing, but the Task Force draft didn't say that. So, he wondered what the community really wants. Piasecki noted that a new community survey would be going out and Council would receive it sometime at the end of Mayor early June. Wang said that she would like to use the Task Force recommendation as the framework. She said that she would like to see the General Plan draft and the new community survey compared side by side. Sandoval said that she would like to use the Task Force outcome as the basis for discussion and to use multi-colors and strike-throughs to see changes. She said she thought it was important to see the community survey and analysis first before working on the General Plan draft. She said she would like additional information on the retail vacancy rate in surrounding cities, and existing retail establishments within Cupertino that are old and deteriorating, like the Loree Center. She said she would like to see a map March 15,2004 Cupertino City Council Page 4 Showing zones for retail, office, apartments, condominiums, town-homes, and mixed-use uses. She said that she would like to see at least three public meetings held in three different parts of the City and to make sure they are well noticed. James said that she would like to use all of the drafts folded together in order to see all of the different opinions. She said she liked the strike-through draft that shows the work of the Task Force, and said the charts and graphs were very important. She said that more discussion on the General Plan draft would occur at the Community Congress coming up on Saturday, March 27. She said she also wanted to be sure many community meetings took place and that public input would continue at the Council meetings as well. Piasecki confirmed Council direction that in two months, staff would bring back a General Plan prototype based on the Task Force recommendations. RECESS The City Council recessed from 6:52 p.m. to 7:20 p.m. ROLL CALL At 7:20 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Recreation Supervisor Don McCarthy, Recreation Coordinator Colleen Manning, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS 3. Presentation to Hema Kundargi, Fari Aberg, and Chihua Wei in appreciation for providing cross-cultural training to city employees. Mayor James presented marble boxes with Cupertino's logo to Kundargi and Wei. Aberg was not present. Wei gave a plea for support and more programs for special needs families. POSTPONEMENTS Deputy City Clerk Grace Johnson said that item number 15 regarding the Blue Pheasant lease would be postponed to AprilS. Cupertino City Council March 15, 2004 Page 5 WRITTEN COMMUNICATIONS Deputy City Clerk Grace Johnson mentioned a handout titled, "The Impact of the State's Fiscal Crisis on Our Local Governments", a meeting sponsored by the League of Women Voters of Cupertino-Sunnyvale. ORAL COMMUNICATIONS Ed Hershfield, StendhaI Lane, commended City staff and the Parks and Recreation Commission on the successful renovation of the Cupertino Sports Center. He said that the majority of the members are happy and he suggested that those unhappy members leave past conversations behind and allow staff to do their job. CONSENT CALENDAR LowenthallSandoval 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. 4a. Approve the minutes from the March I and 2 City Council meetings. Approve the minutes from the March 10 Special Meeting of the City Council (these minutes were distributed at the meeting). 5. Adopt resolutions accepting Accounts Payable for February 27 and March 5, Resolution Nos. 04-276 and 04-277. 6. Adopt a resolution accepting Payroll for February 27, Resolution No. 04-278. 7. Accept the Treasurer's Budget Report for January 2004. 8. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements). (No documentation in packet): a) b) Timothy A. Limon and Lilia H. Limon, 10354 Byrne Avenue, APN 357-15-074 Lynn M. Ching, 10008 Canyon Oak Way, APN 342-12-037 c) Taylor Woodrow Homes, Inc., Astoria at Imperial, Tract No. 9410 9. Adopt a resolution accepting a Grant of Easement for Roadway Purposes from Joseph Jiang and Evelyn Jiang, husband and wife, 10551 Santa Lucia Road, APN 342-17-081, Resolution No. 04-279. 10. Adopt a resolution approving the Parcel Map of property located at 10050 and 10080 N. Wolfe Road (portion of parcels I and 4), Menlo Equities, and authorizing the City Engineer to sign the Parcel Map Resolution No. 04-280. March 15,2004 Cupertino City Council Page 6 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 11. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks for Adriana Avenue, Oakview Lane, Woodbury Drive, Gardenview Lane, Madera Drive, Mann Drive, Meadowview Lane, Monte Court, Corte Madera Lane, and Dos Palos Court, Resolution No. 04-281. Public Works Director Ralph Qualls reviewed the staff report. SandovallLowenthal moved and seconded to adopt Resolution No. 04-281. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 12. Adopt a resolution approving a policy to require the virtual elimination of mercury from controllable sources that may affect urban runoff due to municipal operations, Resolution No. 04-282. Public Works Director Ralph Qualls reviewed the staff report. He said the City has an information program that is distributed to all users by calling the CITY number or the Public Works Department. He explained the difference between a point source system (anything connected to a closed system such as a sink, shower, or toilet), and a non-point source system (where natural run-off occurs like flood waters or irrigation). Lowenthal asked staff to put an article in the Cupertino Scene warning residents not to pour chlorinated pool water into the storm drains. SandovallKwok moved and seconded to adopt Resolution No. 04-282. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 13. Adopt a resolution approving the selection of Coffee Society as the designated operator of the Cupertino Library Café and authorizing the City Manager to negotiate and execute a five-year lease with a conditional five-year renewable option with Coffee Society to operate the Café, Resolution No. 04-283. Public Works Director Ralph Qualls reviewed the staffreport. March ¡ 5,2004 Cupertino City Council Page 7 Coffee Society founder Ralph Flynn said that they are very excited about the new café and look forward to working with the architects. He said they are changing their menu somewhat and will be adding a new line of hot and cold pearl teas, in addition to gourmet sandwiches brought in daily. He said the quality drinks made since 1988 will stay the same, and they will continue to honor discount cards. Qualls said that a sign would say, "Coffee Society at the Cupertino Library." He also said that there would a drop-off zone only on Torre Avenue across the frontage of the Civic Center Plaza, and that a couple of 15-minute parking spots next to the café would be designated. Flynn said that they plan to open the café before the library opens and stay open later to accommodate all the meetings and activities in the community center. He said they hope to promote and sponsor music activities in the park during the summer hours. Kwok/Sandoval moved and seconded to adopt Resolution No. 04-283. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 14. Receive a recommendation ftom the Parks and Recreation Commission to adopt the revised policies for the Sports Center. Parks and Recreation Director Therese Smith reviewed the staff report. Grace and Tony Toy, Crescent Rd., distributed a packet of 16 pages which included the following: I) Email, letter, and fax correspondence among staff and themselves between the dates of March 15, 2004 and November 15, 2002; 2) Copy of a page ftom the Mercury News dated February 3, 2004 showing the weather forecast for San Jose; 3) A news article from the February 4,2004 issue of the Cupertino Courier regarding tennis. Grace Toy read from the first page of the handout which talked about court time management and reservation sheets; the need for a Priority Team Tennis Policy; pass holder turnover; and unfair treatment of the Toys ftom the staff. Tony Toy continued to read ftom the first and second page of the handout. He mentioned the five-member committee, of which he was a member; the survey conducted by staff to the pass holders; reservation sheets, especially for court #1; and the 24-hour cancellation policy. Grant Gower, Ridgeway Dr. and President of the Cupertino Tennis Club, said that the improved policies would increase access to court #1. He said that the survey was distributed to all 600 of the pass holders and that the majority of them supported the new policies. He requested that Council adopt the new policies. Council and staff discussed the policies. Staff clarified that the Cupertino Tennis Club hosts matches at Cupertino and that everyone who plays in the league from Cupertino are also pass holders. March 15,2004 Cupertino City Council Page 8 Recreation Supervisor Don McCarthy commented that the new policies are firmer than in the past and they make sure that pass holders don't take advantage of the reservation system. He commented on an inquiry ITom Council and said that the Cupertino Sports Center parallels the private sector, but is municipally owned. He said they would work on recapturing the business that left during the building's remodel by doing outreach through direct-mail marketing, offering discounts for faculty of schools, etc. He said that the survey was mostly focused on tennis, but that another survey would go out to get feedback from other elements of the Center. Lowenthal said that he thinks the Sports Center is an asset to Cupertino and he believes in the ethics and integrity of its staff. He said that 92% of the people surveyed thought that the customer service was excellent and were satisfied. He said that he plays tennis and has lost play time to league play before, but he must just accept it. Sandoval said that she is a member of the Sports Center and is satisfied with how it's run, and from what she has heard; other members are satisfied as well. She said that she hoped staff would be working on addressing the other issues such as 2-way traffic and teens smoking outside so that everyone is able to get a positive experience. She said that the new policies should have time to see how they work and then be evaluated. Kwok said that the Sports Center is doing good publicity and outreach. He said he would like to see badminton nets and table tennis set up in the racquetball courts when they are empty. He said he supports the staff recommendation but is concerned about the potential public criticism regarding the make-up of the committee. James said that she supports staff and that the Parks and Recreation Commission has had many public hearings to process everything. She said that she understood that the committee was meant to be more of a staff-driven decision and not a community task force. She said it was time to put the controversy behind them. LowenthallKwok moved and seconded to accept the Parks and Recreation Commission's recommendation regarding the new policies. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 15. Authorize the City Manager to execute a lease and Guaranty Agreement with Ole Peter Rasmussen, President, Blue Pheasant Restaurant Inc., and Birthe Lisa Rasmussen for lease of city property at 22100 Stevens Creek Boulevard. This item was postponed to April 5. ORDINANCES March 15,2004 Cupertino City Council Page 9 STAFF REPORTS 16. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said sales tax revenues are down $400,000 from last fiscal year; the hotel tax is down $90,000 from last year; and the utility user tax is down $75,000 from last year. She said that the City is behind by $1.4 million in cash flow, but the departments have been diligent in cutting back for this fiscal year and the City will see a $300,000 savings over the prior year. She said the City has a bid into the State to claim hardship for vehicle license fees, but the outcome is still uncertain. City Manager David Knapp said that only one position had been filled and the rest were promotional only. He said that the City has about 9-10 positions vacant. Atwood responded to an inquiry from Council regarding where the City would get the money for the Initiative election. She said that the money would either come from the general reserves, or the level of service would be decreased. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the STARS event from the Chamber of Commerce - Apple Computer won for the largest business, Whole Foods for the medium business, and the Cupertino Education Endowment Foundation for the small business; Michelle Hu was honored at the Euphrat Museum for her help with the Lunar New Year Unity Parade, and she is moving back to Taiwan; the Historical Society honored Beez Jones; Quinlan Community Center hosted the First Annual Antique Road Show; the Tri-City National Little League team kicked-off its 40th year; the Valley Transportation Authority (VTA) had a discussion on its 2030 plan and what transportation would look like in the valley; the Indian community honored one of its prophets in a memorial service at the Flint Center; Regnart School had a Career Day; students from different schools have been touring City Hall; 3 Lynbrook High School students shadowed the Mayor; the Future Business Leaders of America met at Monta Vista High School. CLOSED SESSION 17. Initiating litigation - Government Code Section 54956.9(c). Possible action against Edward Britt, Norman Hackford, and Gerald Cooley related to the initiative measure. (No documentation in packet). No closed session was held, but the following people spoke on the item. Bob Garten, Dexter Dr., said that he wanted to clarify that the Initiatives are not anti- growth, but are for sensible and responsible growth management, and are designed to preserve the suburban character of Cupertino. He said that the Initiatives contain March] 5,2004 Cupertino City Council Page 10 exemptions for Vallco Park Planning District, because the proponents want to see that area grow and prosper. He said the proponents welcome the possibility of a large theater complex associated with Vallco to encourage people to bring business to Vallco. He said the Initiatives encourage the retail development of the Wolfe Road commercial corridor bounded by Stevens Creek and Highway 280 and will allow plans already under development to be created along Wolfe Road. He said the Initiatives do not restrict any kind of development in Cupertino, but development that exceeds the standards established by the Initiatives would be placed before the citizens of Cupertino who would vote to approve or not approve whatever project is proposed. Gerald Cooley, Castine Ave. and member of the Concerned Citizens of Cupertino (CCC), said that he doesn't understand the agenda language of calling the agenda item "possible litigation" against the 3 signatories on the Initiatives. He said the use of the proponents' names is slanderous and that litigation implies wrongdoing. He said they are exercising their democratic rights through the State Initiative process. He requested that the proponents' names be removed from any future agenda items on this topic. City Attorney Charles Kilian said that the description of who the defendants are, are required by state law to be listed. He said that state law does not allow the City Council to meet in closed session unless it meets one of the criteria, and the only criteria on this topic would be the possible initiation of litigation and the defendants' names must be listed individually. Rusty Britt, Peppertree Lane and member of the CCC, said that she is against skyscrapers, dense in-fill housing, and mixed-use building. She said that she was concerned that another City Council in the future years could make an exception to the General Plan and build even more huge buildings. She said the CCC has been meeting for over a year to find a solution and the only long-term solution would be to have an Initiative that states limit to building heights, density of housing per acre, and set-backs. According to the Initiative, an election would be required to allow exceptions to the limit. She said the proponents are making every effort to meet deadlines for the November election, rather than to have a special election. She urged the Council to work with the CCC and negotiate together to come to an amicable agreement for sensible growth in Cupertino. Dennis Whittaker, Sheryl Dr., said that he doesn't want Cupertino to look like Chicago, with 3-story buildings that are 20-30 feet across with no sunlight. He said that the Initiatives are a symptom of what's going on. He said the CCC is worried about the quality of life, the schools, the openness, the traffic, and the retail. He said that it seems like the Council is thinking of future Cupertino residents and not the current residents. He said he was concerned that the community survey would go out with questions asked in a specific way to get a specific response. He asked Council to work together with the CCC for slow, smart growth. March 15,2004 Cupertino City Council Page 11 ADJOURNMENT At 8:50 p.m. the meeting was adjourned to Saturday, March 27 from 8:00 a.m. to 12:00 p.m. for the Cupertino Community Congress, Cupertino Senior Center, 21251 Stevens Creek Blvd. and Mary Avenue. ~ Grace Johnson, Deputy City 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 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.