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05. Draft MinutesDRAl~'T M [NUTES C U P E RT I N O CUPERTINO CITY COUNCIL Regular Adjourned MeeEing Tuesday, April 7, 2009 PLEDGE OF ALLEGIANCE At 5:05 p.m., Mayor Orrin Mahoney called the re>;ular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lc;d the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong (5:07 p.m. - 9:2C1 p.m.). Absent: none. PUBLIC HEARING Consider Heart of the City Specific plan amendments to achieve conformance with the General Plan and to update the Heart of the Cit~nlan, Application Nos. SPA-2008-01 Heart of the City, City of Cupertino, Stevens Creek Boulevard between Highway 85 and the Eastern city limit (Continued from February 3). Senior Planner Aki Honda-Snelling distributed four amended documents: A new staff report explaining changes in the draft plan due to Council comments; an amended draft copy of the City Conceptual Plan; a new color boundary map; and an update to page 25 of The Specific Plan. She reviewed the staff report using a PovverPoint presentation, and explained the color- coded text in the document: Blue text is for items that City Council accepted on February 3; red text is for items in the drag report that needed further Council discussion; and purpose text is for new language added by staff for clarification. Discussion followed regarding the documient's name change. Staff explained that if the document is called the Heart of the City Specific Plan, then it must comply with the City's General Plan. Changes made to the text by Council, to make it less redundant and easier to read, took out some of the required language, so the document is now named the Heart of the City Conceptual Plan and should be adopted by ordinance. Or, Council could choose to add back in the language necessary to match the General Plan, and then the document would remain a Specific Plan. City Attorney Carol Korade noted that Conceptual Plan would be only a policy document until it is adopted by ordinance. After that, either of the documents would have equal legal significance. She said that the advantage of a conceptual plan is that it would be a part of the zoning ordinance, whereas a specific plan has general law authority. 5-1 April 7, 2009 Cupertino City Council Page 2 Norm Hackford said that he has been following the Cupertino Crossroads plan since 2003, including circulating a petition against the plan six yeazs ago. He noted that the City Council at that time stated that the plan would not be approved and a thorough public review would be conducted. He said that residents have not had a chance to review the complete plan, which includes items of community concern such as high buildings blocking views. Mr. Hackford said that this should be a sepazate action and not part of the general plan. Darrel Lum said that the purpose of this item was to update the Heart of the City and adopt changes into the General Plan, but after eight meetings and several drafts later, it is still very incomplete with much more work to be done. He noted that other communities have been trying to replicate what Cupertino has been doing for 12 years, but now Cupertino is retreating from the original vision and going in the direction of a Santana Row. He said Cupertino should be in forefront, and urged Council to use the good ideas for a successful plan with character. Michael Gottwald said that it is wrong to build tall buildings on Stevens Creek Boulevard. He stated that people want parks, open space and bookstores. Mayor Mahoney clarified that nothing has changed in the Heart of the City to change heights or setbacks. Virginia Tamblyn distributed a letter to Council regarding lifestyle concerns for her and her neighbors, including the Crossroads sireetscape, building setbacks and noise from businesses impacting residential azeas_ She suggested that there be more restrictive planning for businesses regarding where to put compressors. Keith Murphy said he has been trying to follow the Heart of the City plan for a year, but with so many revisions and last minute changes it is confusing. He said his main concern is how residents can follow and understand all of the changes. Jennifer Griffin said she is concerned with the tall buildings proposed along the Stevens Creek corridor. She said she is pleased with the Sand Hill property plans and believes that it should be the same all along Stevens Creek Boulevard. Robert McKibbin said he is concerned about the process and proposed changes conforming Heart of the City to the General Plan because it is too hard for residents to follow. He urged Council to simplify the process so residents can follow it. Tom Hugunin said that Cupertino has a specific plan. Conceptually, the specific plan is missing things, specifically the minimum setback for residential areas and commercial and truck noise. He said that the Heart of the City plan should include minor changes to conform to the General Plan. He noted that it is important for the public to review this plan and it is very difficult when the draft copy distributed at the Iast minute is different from the copy on the web. 5-2 April 7, 2009 Cupertino City Council Page 3 Bern Steves said that the Heart of the Cit3~ plan needs to include visual aids so people can understand what is happening, and to articulate about what is wanted. Ken Hotfman said that he hopes the Council will accept community input on the Heart of the City plan. He said that Cupertino needs apro-business street without problems that can later develop if the agreed-upon plan isn't followed. A series of straw votes were taken on que::tions raised by Mayor Mahoney, as follows: Should the Heart of the City document be more reflective to today's standards, and therefore do more than just confirm to the current General Plan? The straw vote results showed that Wang and Mahoney were in favor, and Sandoval, Santoro, and Wong were opposed_ 2. Do the Council members agree that they do not foresee changes in the plan which would result in increased density, height, or setback? Council members agreed unanimously that they did not anti<:ipate any increases in those items. 3. Do the Council members agree that there will be no significant changes in the Crossroads area of the city? Council members agreed unanimously that there would be no changes. Further discussion followed, and it was agreed that the final document should be amended as necessary to qualify it as a Specific Plan. Sandoval moved to defer this item to May 5, to allow staff to include additional language, and on May 5 the City Council can discuss the document on almost apage-by-page basis, decide whether to keep the changes, and whether those changes would be in compliance with the General Plan_ Council member Santoro suggested removing the purple text regarding the Crossroads section. Sandoval amended her motion ito reflect that change, and Wong seconded the motion, which carried with Santoro and Wang voting no. RECESS The Council recessed from 7:12 p.m. to 7:30 p.m. CLOSED SESSION 2. Report from Closed Session of March 24, 2009, regarding the City Manager's evaluation. Mayor Mahoney reported that no action was taken at that meeting. 5-3 April 7, 2009 Cupertino City Council CEREMONIAL MATTERS -PRESENTATIONS Page 4 3. The City of Cupertino recognized Naomi Nakano-Matsumoto for being selected as the 11th State Senate District's Woman of the Year by State Senator Joe Simitian {D-Palo Alto). Mayor Mahoney presented the proclamation to Ms. Nakano-Matsumoto, who is currently the Executive Director of the West Valley Community Services (WVCS). She said that she was honored to receive the recognition, as well as to work for West Valley Community Services which provides housing and family support services. She said that it is the organization's great partnership with the City and other civic organizations like the Cupertino Rotary Club that enable them to serve Cupertino residents. Council member Sandoval reminded the public that more information about WVCS is available on the web at www.wvcommunityservices.or~. POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Item No. 1 (Heart of the City Specific Plan) • Memo from the Community Development Director regazding approval options and review process • Emails from Virginia Tamblyn, Keith Murphy, and Ned 8s Rusty Britt Item No. 12 (Villagio mixed use development) • PowerPoint presentation from staff Item No. 13 (off-leash dogs) • Supplemental information to the staff report • PowerPoint presentation from staff • Corrected page 5 of the staff report -new figure shown in red • 11 emails from residents (4 in support, 7 opposed) ORAL COMIVi[JNICATIONS Ruby Elbogen announced the debut issue of a new print magazine called "The C", Cupertino news covering the Heart of Silicon Valley, of which she is the editor and publisher. She provided copies of the first issue to each of the Council members. s-a April 7, 2009 Cupertino City Council CONSENT CALENDAR Page 5 Sandoval moved and Wong seconded to app.cove the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 4. Approve the minutes from the March 17 and March 24 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for March 6, I3 and 20, Resolution Nos. 09-046 through 09-048. 6. Adopt a resolution accepting Payroll for I~iarch 20, Resolution No. 09-049. 7. Accept the Treasurer's Investment and 73udtaet Report for February 2009, including a report on General Fund Revenues and Expenditures. 8. Adopt a resolution approving the destrucl:ion of records from the City Clerk and Human Resource Departments, Resolution No. 09-050. 9. Accept an application for an Alcoholic P~everaae License for Fortune Garden (formerly Lucy's Cafes), 21670 Stevens Creek Blvd., On-Sale Beer and Wine for Bona Fide Public Eating Place (41) and Temporary Retail 'Permit -only in conjunction with aPerson-to- Person transfer (30). 10. Accept municipal improvements, Granada Avenue Property, LLC, 21891 Granada Avenue, APN 357-16-019. The applicant has completed City-specified improvements in the City right-of--way including utility service, curb 8z gutter, driveway approach and sidewalk work as required by the improvement agreement with the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None PUBLIC HEARINGS 11. Consider adopting a resolution approving, the 2009-10 fee schedule Resolution No_ 09- 051.(Stall'suggests Council delay this item until after item No. 13). Administrative Services Director Carol Atwood reviewed the staff report stating that fees overall were raised by the cost of living increase of 3.5%. Senior Building Official Greg Casteel reviewed the building fees that were increased more or less than 3.5% to reflect actual staff effort for these services. Council directed staff to provide more information on housing mitigation in-lieu fees as well as photovoltaic system fees. 5-5 April 7, 2009 Cupertino City Council Page 6 Sandoval moved and Wong seconded to adopt Resolution No. 09-051 approving the fee schedule. The motion carried unanimously. 12. Consider modification to an existing Use Permit (U-2002-06) to amend the conditions to allow specialized tutorial or studio uses, and the amount of office/retail uses along De Anza Boulevard. Inciudes a reassessment of the shazed parking arrangement within the parking structure, Application No. M-2009-01, Tenny Tsai (Civic Center, LLC), 20050 Town Center Lane, APNs: 369-55-082 and 369-55-083. Senior Planner Colin Jung reviewed the staff report. Applicant Tenny Tsai said she had gone to a meeting of the homeowners association and all those present were in favor of the proposed modification. She said that removing or changing Restrictions B, C and D to allow mixed-use retail /non-retail would allow the complex to increase the amount of leased space from the current 46%, and would complement current tenants, and ease the financial hardship of extended vacancies. She asked for at least a compromise of percentages of retaiVnon-retail space. Robert Merchant showed a photograph of his building, which is across the street from the subject property. He discussed the parking difficulties on this site and said that he has been forced to have cars towed on more than one occasion. He said there needed to be better signage where there is sheltered parking, and in that case he was in favor of the modified use permit. He added that the tenants are welcome to use the commercial parking spaces a8er business hours. Santoro moved and Wong seconded to amend Condition 1D as shown in the staff report to allow up to 50% occupancy of schools, dance and music studios, gymnasiums, health clubs, and similaz businesses along Town Center Lane, excluding the two building corners. The motion carried with Sandoval voting no, since the change did not include the portion on the corner of South Deana Boulevazd. At 9:20 p.m. Gilbert Wong was absent due to illness. RECESS -Council recessed from 9:20 p.m. to 9:26 p.m. UNFINISHED BUSINESS -None NEW BUSINESS 13. Consider the following actions for creating ofF--leash areas for does in parks including, but not limited to: a) Create a citizen groug to work with city staff for site identification and usage plan for anoff--leash dog area in a city pazk. This could be a fenced or unfenced azea. The citizen group would gather park users' support, assist with fundraising, conduct a 6- month trial period, assist with ongoing housekeeping, and monitor behavior in area s-s April 7, 2009 Cupertino City Council Page 7 b) Amend the City's 2009-10 fee schedule increasing the annual dog license fee by $1 1.00 (from $15 to $26) for Cupertino residents c) Authorize City staff to produce a community education about dog laws, fines, and safety d) Authorize City staff to discuss with 'the County of Santa Clara Parks and Recreation the possibility of constructine a dog park at Stevens Creek County Pazk e) Conduct the first reading of Ordinance No. 09-2041: An Ordinance of the City Council of the City of Cupertino amiending Sections 8.01.030 (Animals Running at Large), 8.01.130 (Public Nuisance:), and 8.03.010 (Restraint of Dogs) of the Cupertino Municipal Code by adding the following: Any person who violates this section shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter I.12 f) Amend the City's Bail Schedule reducing the fine for dogs off- leash and public nuisance to from $100 to $50 - The City Clerk distributed supplemental -staff report items, a copy of the staff's PowerPoint presentation, and a corrected) page 5 of the staff report correcting a dollar amount to $246 if fines were reducec[ by half. The City Clerk also distributed correspondence received from residents on the day of the meeting. In favor of off-leash parks were the Fochtman family, Don and Arlene Rosenbaum, and Eleanor Dickman. Opposed to off leash pazks were Roger Raynal, K.K. Sreepathy, Jing Liu, Connie Chun, Adwait Sathye, and an email from a Cupertino resident (no name given). Parks and Recreation Director Mazk Linder gave a PowerPoint presentation reviewing the staff report and reconunendations_ The following individuals spoke in favor Hof an off-leash area. Their comments included: (1) Off-leash azeas in parks could be created in areas or at times of the day when the park is underutilized, they can be restricted to a~ small comer of a park, and residents can avoid those times, resulting in fewer confrontations. Also, management and enforcement may actually be easier since off-leash dogs wiill be a restricted location; (2) Few complaints about dogs in Hoover Park were received until the discussions began about a potential off-leash area, and then someone began escalating a series of complaints up to the Sheriff; (3) Off-leash fines should be reduced and the penalty reduced from a misdemeanor to an infraction; (4) All Cupertino residents pay to use the pazks, including the dog owners, but much of the open space is now taken up with organized sports leaving very few options for dog owners to exercise their animals; (5) Suggestions were offered for providing more information on the City website about the benefits of licensing, as well as providing education about interactions between people and pets; (6) Off-leash areas can help to 5-7 April 7, 2009 Cupertino City Council Page 8 build community among the park users, and socialized dogs are less aggressive; (7) Portland has a similar population and density to that of Cupertino, and they have a successful program that includes 5 fenced parks and 32 off-leash areas, with the smallest pazk being just over 2 acres; (8) The first step would be a trial period, so changes can be made as necessary. Eric Wilson Don Krenn Clark Wilson Vivian Hu Tmima Koren Angela Chu Mike Hsu Joseph Kliger Charlie Hanson Barbara Black James Black Carol Miller (distributed handouts regarding Jhyfang Hu off-leash parks, etiquette in Portland) Seema Lindskog Betsy Dougherty (submitted a petition of 38 Stanley Tseng separate pages/signatures) Stuart Chessen The following individuals were opposed to an off-leash dog area. Their comments included: (1) Many dogs are unlicensed and unvaccinated, and pose a danger to people and other dogs; (2) At Hoover Park, there are ongoing problems with aggressive dogs who have been frightening people, as well as ongoing problems from people who do not clean up after their pets; (3) There were concerns about the staff s presentation, reseazch, and recommendation. Some people felt that the process has been biased and inaccurate, and the simplistic questions and answers did not address the complexity of the issue; (4) Children and the elderly aze easily intimidated, and their fears should not be disregarded. In particular, children are particularly vulnerable and can be traumatized by intimidation or a dog bite. Children with severe allergies may be especially at risk if they are bitten and need shots; (5) There is no explanation of how the off-leash hours will be monitored or enforced, or who would be responsible for repairing holes or cleaning up dog waste. Judy Harrison Runping Qi David Fung Megna Jain Elizabeth Larson Anjali Srivastava Premika Ratnam Urns Roy The following individuals spoke in opposition to off-leash areas, but would consider supporting a fenced dog pazk. Their comments included: (1) It is important that the dog park be put in a suitable area, and Portland's criteria should be included in the City's final criteria; (2) It doesn't make sense to reduce fines, too many concessions are already being made; (3) A fenced dog park away from children and seniors is the only way to solve the problem for both sides of the issue. NceI Eberhardt Ron Roberts David Klinger Vijaya Gallagher Marion Abney Don Phillips 5-8 Ardith West said that pets are welcome only when safety is guazanteed, and that can only happen when the dog is on leash. She was opposed to any dog parks in Cupertino, and suggested that instead a dog park be placed on County property near Stevens Creek Pazk, where it can be open more hours during tine day and on weekends when the City parks are the busiest. Elizabeth Larson said she lives neaz Hoover Park, and people do not pick up after their dogs at that location. The public hearing was closed at 11:30 p.xn. Sandoval moved and Santoro seconded to: (1) Adopt staff recommendation A, striking the third pazagraph, to read as follows: Create a citizen group to work with City staff for site identification and usage plan for an oil leash dog area in a City park. This could be a fenced or unfenced area; (2) Amend the City's 2009-10 fee schedule increase the annual dog license fee by $11.00 (from $15 to $26) for Cupertino residents; {3) Authorize City staff to produce community education at~out dog Iaws, fines, and safety; (3) Authorize City staff to discuss with the County of Santa Claza Parks and Recreation the possibility of constructing a dog park at Stevens Creek County Park; and (4) All items to come back before the City Council only, not the parks and Recreation Coxrunission, to reduce the amount of time and meetings associated with this project. The motion carried with Wong absent. Sandoval moved and Santoro seconded t~o amend the City's bail schedule reducing the fine for off-leash dogs and public nuisance from $100 to $75. The motion carried with Wong absent and Wang voting no because she did not think it was an urgent matter that needed to be settled this evening. The City Clerk read the title of the ordinance. Sandoval moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, and Wang. Noes: None. Absent: Wong. 14. Authorize the City Manager to negotiate and execute a contract with KaBooml Inc. for the construction of a nlavax~ound at Blackberry Farm on June 6, 2009. Sandoval moved and Wang seconded to authorize the City Manager to negotiate and execute the contract. The motion carried uuzanimously. 15. Set an interview date for one unscheduled vacancy on -the Housins Commission. {Staff recommends April 21 beginning at 6:00 p.:m.) Council concurred to conduct the interviews on Tuesday, April 21 at 4:30 p.m. in Conference Room A, followed by two closed sessions. The regular meeting will take place in the Community Hali at 6:45 p.m. s-s April 7, 2009 Cupertino City Council ORDINANCES Page 10 16. Conduct the second reading and adopt Ordinance No. 09-2039: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.28: Single-Family Residential (Rll zones of the Cupertino Municipal Code regarding the allowed ratio of second floor building azea compared to the first floor building area, second story exposed wall rule, second story setback surcharge, clarification regarding gardening activity and minor language clean up to improve readability of the document." Jennifer Griffin said that the Rl changes to building codes to allow bigger second stories on homes will result in overbuilding. She said that the "wedding cake" style that has evolved is an excellent solution for small lots. Wang moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, and Wang. Noes: None. Absent: Wong Wang moved and Santoro seconded to enact Ordinance No. 09-2039. Ayes: Mahoney, Sandoval, Santoro, and Wang. Noes: None. Absent: Wong STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 12:27 p.m., the meeting was adjourned to Tuesday, April 21 at 4:30 for Housing Commission interviews, to be followed by two closed sessions. The 4:30 p.m. portion of the meeting will be in Conference Room A, 10300 Torre Avenue, and will be followed by the regulaz 6:45 p.m. meeting in the Community Hall Council Chambers, 10350 Torre Avenue. Kimberly Smith, City Clerk 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 Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and aze available at your convenience on the web site: Visit www.cunertino.or~ ,then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 5-10 EXHIBIT S BEGIN HERE ~~ m ~ 1~ CJ ~ ~ Yl l ._ -j-v ~rc~~f =E ~~ i ~ ~-~ e 5 G~ f ~~Y i ~ -7 j ZOO Ardith West said that pets are welcome only when safety is guaranteed, and that can only happen when the dog is on leash. She w~~s opposed to any dog parks in Cupertino, and ~uPERTIN~ suggested that instead a dog park be placed on County properly near Stevens Creek Park, where it can be open more hours during th~~ day and on weekends when the City parks are the busiest. Elizabeth Larson said she lives near Hoover Park, and people do not pick up after their dogs at that location. The public hearing was closed at 11:30 p.m. Sandoval moved and Santoro seconded to: (1) Adopt staff recommendation A, striking the third paragraph, to read as follows: Create a citizen group to work with City staff for site identification and usage plan for an of f-leash dog area in a City park. This could be a fenced or unfenced area; ~'" ^ ~°~a *'~° ~'~*~~'~ ~nno , n ~ ° .,,.t,°a„c° : ° ° ~i.° „ „i ~~ ~,,,. ,;,.°„~° ~ ° i.., e i ~ nn i~ ,,,,., e, c *„ a ~`~~~pert~x~uex*~~ (2) Authorize City staff to produce community education about dog laws, fines, and safety; (3) Authorize City staff to discuss with the County of Santa Clara Parks and Recreation the possibility of constructing a dog park at S1:evens Creek County Park; and (4) All items to come back before the City Council only, not the parks and Recreation Commission, to reduce the amount of time and meetings associated with this project. The motion carried with Wong absent. Sandoval moved and Santoro seconded to amend the City's bail schedule reducing the fine for off-leash dogs and public nuisance from $100 to $75. The motion carried with Wong absent and Wang voting no becausc; she did not think it was an urgent matter that needed to be settled this evening. The City Clerk read the title of the ordinance. Sandoval moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, and Wang. Noes: None. Absent: Wong. 14. Authorize the City Manager to negotiate ,and execute a contract with KaBoom! Inc. for the construction of a pla ry_g ound at Blackberry Farm on June 6, 2009. Sandoval moved and Wang seconded to authorize the City Manager to negotiate and execute the contract. The motion carried unanimously. 15. Set an interview date for one unscheduled vacancy on the Housing Commission. (Staff recommends Apri121 beginning at 6:00 p.~n.) Council concurred to conduct the interviews on Tuesday, April 21 at 4:30 p.m. in Conference Room A, followed by two closed sessions. The regular meeting will take place in the Community Hall at 6:45 p.m.