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CC 10-16-95 CC-910 MINUTES Cupertino City Council Regular Adjourned Meeting October 16, 1995 ROLL CALL Council members present, Don Burnett, Barbara Koppel, Lauralee Sorensen and Wally Dean. Council members absent: John Bautista. Affordable Housing Commission members present: Susan Mirch-Kretschmarm; Marlo Pinedo; and Dick Schuster. Members absent: Kathy Robinson and Steven Smith. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Community Development Director Bob Cowan; and Planner II Vera G-il. STUDY SESSION At 6:10 p.m. Council convened in Conference Room C & D to hold a joint study session with the Affordable Housing Committee to discuss a work plan and recommendations regarding amendments to the Housing Mitigation Manual. Mirch-Kretschroonu reviewed their goals and direction as set forth in the backup materials, and said that the Committee would like feedback from City Council. Pinedo said their goal is to be more proactive in generating oppommities to build affordable housing, and to actively look for property owners. Schuster said he would like to see the City put a positive face on affordable housing. The last two projects in the City required a great deal of education of the neighbors, who eventually came around. He said the Committee would like to meet monthly, and were willing to meet without staff support on alternate months. Mirch-Kreschmann proposed evening panels which would provide an opportunity to meet with the public. They could hold reviews of new ordinances, the Housing Mitigation Manual, and invite others to do panels as well, such as banking institutions. Smith said they would also like to network with service groups in the community. Discussion followed regarding the negative connotations associated with the tem~ Affordable Housing, and whether it would be better received if the term Subsidized Housing or First-Step Housing were used instead. Council agreed to change the official name of the committee from Affordable Housing Committee to Cupertino Housing Committee. October 16, 1995 Cupertino City Council Page 2 Koppel said that the Bank of America has an excellent presentation regarding first-step housing projects in thc Bay area, and maybe the Committee could arrange to show it on cable television. Thc Community Development Director said that it was important to have staff support for technical issues, but up to three special evenings sessions a year would be acceptable.. Mireh- Kreschmarm said the evening meetings would be educational only, and in most cases no staff support would be needed. Dean asked if there was an action plan regarding the 44 units at Tantau to insure that it is developed as a positive project. The committee members agreed that they may bc able to play an important role in the process, and would consider that at a future meeting. City Manager Don Brown said that the non-profit developer would already have a good plan for selection and placement of tenants. It would be appropriate for the Committee to review and report back to Council, but they should not make themselves directly available to tenants and neighbors. Mr. Martin Bishop said that the dense population of affordable housing breeds discontent, but if it is spread throughout the community there are fewer problems and more units are built. He said the City needs to set a goal of 10-13% by a specific date, and implement it by requiring 1 below- market-rate unit for every 10 units built. The Council members were in concurrence with the Committee's plans. Dean said there is a preconception about affordable housing which needs to be addressed as a marketing issue. Cowan said there is a good outreach effort based on a program and brochure by Pastor Tim Dory. RECESS At 6:45 p.m. Council recessed, and reconvened in the Council Chambers. At 6:50 p.m., Dean called the meeting to order and led the Pledge of Allegiance. ROLL CALL Council members present: John Baufista, Don Bumeth Barbara Koppel, Lauralee Sorensen and Waily Dean. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; Administrative Services Director Carol Atwood; City Attorney Charles Kilian; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowiin. g; Planner II Vera Gil; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Ms. Mare Wold, coordinator of the Key to Community Voter Involvement Project, discussed a multimedia kiosk which would be available in the Cupertino Library to provide general information about candidates and the election process. She said this is a non-partisan program of the Santa Clara County Library's reading program and the Center for Civic Literacy, and the target audience is adult learners as well as the general public. October 16, 1995 Cupertino City Council Page 3 POSTPONEMENTS Item Nos. 18, 19, 22, and 26 were continued. ORAL COMMUNICATIONS Mr. John Kimball, owner of the Seven Authors Bookshop in Cupertino Village, distributed a written copy of his statement which expressed concern about the tactics being used by the invcsunent company in an apparent attempt to empty the center of current merchants. He said that merchants have been called in for "individual interviews" with the investment company and intimidated by being told that rents would at least double. He said the investment company representative seemed unaware of the history of community activities such as the Octoberfest, Dickens Faire, and 19 years of monthly antique shows, and said such activities would only continue if they were profitable in terms of business. Mr. Kimball said their main concern was the impact on cultural and community traditions. He believed the Chinese residents of Cupertino are more interested in getting to know American traditions than in destroying them, but the investors seem unaware of those needs. Tandem Computers needs to hear from the community that the ownership of such a center may carry with it an ethical obligation to consider selling to a community-conscious buyer. CONSENT CALENDAR Koppel moved to approve the Consent Calendar items as recommended. Burner seconded and the motion carried 5-0. 1. Resolution No. 9463: Accounts Payable, September 29, 1995. 2. Resolution No. 9464: Accounts Payable, October 6, 1995. 3. Resolution No. 9465: Payroll, October 6, 1995. 4. Application for Alcoholic Beverage Control License from Hamasushi, Inc., 20030 Stevens Creek Boulevard. 5. Request from Cupertino High School Boosters for a fee waiver of the facility use fees Qulnlan Community Center for a football banquet. 6. Resolution No. 9466: Accepting grant of easement for public utilities from Bobby G. Bell and Rita R. Bell, 10120 Orange Avenue, APN 357-17-017. 7. Resolution No. 9467: Accepting quitclaim deed and authorization for underground water rights from Bobby G. Bell and Rita R. Bell, 10120 Orange Avenue, APN 357-17-017. A 8. Resolution No. 9468: Accepting grant of easement for roadway purposes from Bobby G. Bell and Rita R. Bell, 10120 Orange Avenue, APN 357-17-017. October 16, 1995 Cupertino City Council Page 4 9. Resolution No. 9469: Accepting grant of easement for public utilities from Lotus Development and Construction, Inc., 10130 Orange Avenue, APN 357-17-104. 10. Resolution No. 9470: Accepting grant of easement for roadway purposes from Lotus Development and Construction, Inc., 10130 Orange Avenue, APN 357-17-104. 11. Resolution No. 9471: Authorizing execution of agreement with City of San Jose for design, construction and maintenance of traffic signal at Bollinger Road and Tantan Avenue. 12. Resolution No. 9472: Authorizing execution of improvement agreement with Joseph and Xenia Czisch, 11845 Upland Way, APN 366-03-061. 13. Resolution No. 9473: Authorizing execution of agreement with Southern Pacific Transportation Company for repair of railroad crossings. 14. Resolution No. 9474: Approving improvement plans and author~zlng execution of improvement agreement of property located on the north side of Alcalde Road north of Mercedes Road, at 22655 Alcalde Road; Developer Marianlst Novitiate, a California Corporation. 15. Resolution No. 9475: Approving parcel map and improvement plans and authorizing execution of improvement agreement with Pinebridge, Inc., southwest comer of McClellan Road and McClellan Place, 20810 McClellan Road. 16. Resolution No. 9476: Authorizing participation in the ABAO Power Purchasing Pool (natural gas). This item was amended to remove the phrase "and electricity." 17. Resolution No. 9477: Accepting grant of easement for oak tree conservation from Dubrovnik Associates, Inc., property located at 22416 Cupertino Road. Vote Members of the City Council AYES: Bautista, Bumett, Dean, Koppel, and Sorensen. NOES: None ABSENT: None ABSTAIN: None PUBLIC ItEARINGS 18. Public hearing to consider appeal of Planning Commission denial of Application 5-EXC- 94 (Modification) - Cavy Queen, Komberg Associates, applicant/appellant) which requested amendment to the condition of approval requiring a sanitary sewage system for a -' project located at 22830 San Juan Road. (Continued from September 18, 1995; applicant requests continuance to November 20, 1995.) This item was continued to November 20. October 16, 1995 Cupertino City Council Page 5 19. Public hearing to consider revocation of use permit, Application No. 4-U-85 (Modified), allowing late evening activities at Ola's Restaurant and Nightclub located at 10905 North Wolfe Road. (Applicant requests continuance to November 6, 1995.) This item was continued to November 6. 20. Application No.(s) 2-GPA-95, 8-U-94 (Modified), 6-TM-95, and 18-EA-95 - Citation Homes Central - General Plan Amendment to change the land use designation from 20-35 to 10-20 dwelling units per gross acre; use permit modification to comb,ct a 140-unit for rent aparhnent project; tentative map to subdivide a 5-acre pared into 18 lots. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. The project is located at the southeast comer of De A~?a Boulevard and Homestead Road. Recommended for approval. (Continued from September 18, 1995.) (a) Resolution No. 9445: Approving Application 2-GPA-95. Council received copies of a faxed letter dated Oct. 10, 1995, from the Portofmo Homeowners Association to Citation Homes regarding dispute resolution which recommended deleting Condition No. 15. Community Development Director Bob Cowan reviewed the staff report and compared the original project approved in 1989 to the proposed plan. He said that lower density resulted in lower building heights, but there was now less passive space. The original plan had underground parking. There was still farther discussion needed on architectural detail, but that would be brought back at a later time. He reviewed a Nov. 1990 parking survey of other communities and discussed the parking ratios requested. The Planning Commission feels that they city is "overparked," particularly in commercial areas, and their recommendation of a ratio of 1.7 to 1 reflects that trend. He discussed the faxed letter regarding Condition No. 15 which pertains to access to common open space. Both groups are now recommending deletion of the condition. Corsica residents would not have access to the open space, nor is there a requirement for that. All of the homes paid Quimby Act funds for offsite park facilities. From staff's point of view, it makes sense to delete Condition 15, and look at the issue again based upon agreement between the two parties. Bautista said that would go against the City's policy. Cowan explained the Summerhill development is single-family detached units with no cormnon space. Existing and future buyers will receive a disclosure notice. Also, the residents of the Corsica development may not want to pay the extra fees associated with maintaining the open space. They will still have private yard space, although it is small. - Cowan discussed noise attenuation issues for interior spaces and balconies. He explained that Central Fire District feels this plan meets their response time criteria. A gate is not necessary, although the more options they have the better. October 16, 1995 Cupertino City Council Page 6 Mr. Jim Sullivan, representing Citation Homes, addressed some comments made by Bumett at the last meeting. He said that there would be a 25% decrease in the number of units, with only an overall decrease of 6-8% in recreational space on the multi-family units. He said tonight they are discussing condition 15. If it remains, it will provide active recreational space. But Citation Homes wishes to mend fences with the Portofino owners now there, who were notified up front that there may be no common recreational space. Many of them prefer not to have a pool. He added the lawn areas would be available to all residents. The architect Mr. Pong Ng discussed the uniqueness of the project, its layout of living units and garages, and the quality of the interior living areas. He also discussed the noise mitigation measures that would be taken. There will be a minimum of one enclosed garage for each tenant. They plan to enter into agreement with each tenant to store only vehicles in the garage and not just use the space for storage. There will also be carport parking for guests and overflow from the residents. Existing trees will be supplemented on the outside perimeter, and they will use 24-inch box size trees where possible. He demonstrated how the bus lane near the entrance provides a stacking area if several cars were entering through the gate. Mr. Tim Robertson, representing Portofino Homeowners, said that the proposed recreation space is only adequate for Phase 2 and he would disagree with the proposal if it were to apply to the entire 18 acres. He was concerned about open space and circulation as well. This is the last control point the City bas to provide adequate open space. He agreed that Condition No. 15 should be deleted, or find a way to provide recreational space for all. He said that if the gates were removed it would become a primary access point and would affect emergency vehicle access. Sharon Kohlmannslehner, resident of Portofino, discussed visibility problems for traffic on Bluejay and people avoiding that will use Lombardi as a primary point of ingress. Viskovich noted that Bluejay has been approved for a four-way stop sign. She suggested that there be a crash gate with knox box where the road meets the barrier. Discussion followed among Council members and Mr. Sullivan about the best solution for egress onto Homestead, and whether there should be one or two driveways. Mr. Robertson suggested that there be no gate at the large access at De Anza Boulevard but to place one on the secondary access on Homestead. Mr. Sullivan agreed with this suggestion.. Mr. Jeffrey Pack, the acoustical consultant for the applicant, explained how the dual pane windows were designed to deal with resonance from freeway noise. Bumett moved to grant a negative declaration. Koppel seconded the motion, and it carried 5-0. .r o October 16, 1995 Cupertino City Council Page 7 Koppel moved to approve Application No. 2-GPA-95 per Planning Commission Resolution No. 4629 with the following modifications: (1) Eliminate the security gate at the main entrance on De Anza Boulevard; (2) Add a fire access gate across from Via Lombardi; (3) Add a gate on Homestead Road entrance to discourage traffic; (4) Require planting of large trees; (5) Require air conditioning for all units; and (6) Condition No. 10 remains in effect. Sorensen seconded and the motion carried 5-0. Koppel moved to approve Application No. 6-TM-95 per Planning Commission Resolution No. 4647. Sorensen seconded and the motion carried 5-0. Koppel moved to approve Application No. 8-U-94 (Modified) per Planning Commission Resolution No. 4646. Sorensen seconded and the motion carded 5-0. RECESS At 8:30 p.m. Council recessed. At 8:40 p.m. the meeting reconvened. UNFINISHED BUSINESS 21. Homing Mitigation Manual. Planner Veto Gill highlighted the staff report. Council members discussed in detail the chart on page 21-7 of the backup which compared the recommendations of the Affordable Housing Committee to the Planning Commission and the current program. Sorensen moved to adopt the Housing Mitigation Manual with the following changes: (1) One to nine units will have a below-market-rate (BMR) in-lieu fee of $1.00 per square foot; (2) Ten units or more must build BMR units onsite or offsite, and an in-lieu fee is not an alternative. (3) If units are built offsite, they must be constructed within one year. (4) A bond will be required equal to the principle value of the cost of building the units; (5) The developer may provide another developer the property on which to cons~ract the off- site BMR units. Koppel seconded, and the motion carded 4-1 with Bumett voting no. 22. Applications 9-U-95 and 16~EA-95 - C~pertino City Center Associates - Use Permit to construct 24 single-family homes on 2.41 acres located on the east side of Torte Avenue between Stevens Creek Boulevard and Rodrigues Avenue. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from the meeting of October 2, 1995.) This item was continued to November 6 at the request of the applicant. NEW BUSINESS 23. Review of recommendation fxom the Parks and Recreation Commission regarding a proposal for the utilization of the Cupertino Sports Center pool by De Anza Cupertino Aquatics. October 16, 1995 Cupertino City Council Page 8 The Parks and Recreation Director reviewed thc staff report. Koppel moved and Sorensen seconded to approve the ag~ement with De Anza Cupertino Aquatics (D.A.C.A.) for utilization of the Sports Centcr pool and that a softer color than white should bc selected. Bautista suggestcd that the motion bc amended to review more interesting alternatives for the architectural design and colors from a marketing approach. Koppel and Sorensen accepted the amendment, and the motion carried 5-0. The applicant agreed to review other alternative shapes and colors, subject to the approval of the Parks and Recreation Director. 24. Recommendation from Human Services funding committee for 1995-96 allocations. Public Information Officer Donna Krey reviewed the staff report. Ms. Donna Di Minico, representing the Long Teml Care Ombudsman Program of Catholic Charities, thanked the City Council for their on-going support. She distributed brochures about their program, and said that their services were necessary to support the almost 1200 long-term care clients. Volunteers are used as advocates. Ms. Colleen Lukoff, representing Second Harvest Food Bank, thanked Council for helping low-income seniors maintain their independence. She said that most of their clients rely extensively on this assistance, since their typical food budget was $3 per day. She said they also provide service to Cupertino Community Services in partttership with the city to provide assistance to the community. She said they help over 100,000 people a month in two counties. Koppel moved and Sorensen seconded to allocate funds in fiscal year 1995-96 as follows: Support Network for Battered Women $5,000 Long-Tem~ Care Ombudsman $3,820 Outreach and Escort $9,540 Cupertino Community Services $10,000 Cupertino Senior Day Services $4,500 Second Harvest Food Bank $4,500 ORDINANCES 25. Second reading and enactment of Ordinance No. 1701: "An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 of the Cupertino Municipal Code By Amending Application No. 2-Z-83 To Rezone Approximately 2.41 Acres To Low to Medium Density Residential; Located on the East Side of Torre Avenue South of Stevens Creek Boulevard (Application No. 8-Z-95 - Classic Communities, Inc.)." The City Clerk read the title of the ordinance. Sorensen moved and Koppel seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-1 with Bumett voting no. · October 16, 1995 Cupertino City Council Page 9 Koppel moved and Sorensen seconded to enact Ordinance No. 1701. Motion carried 3-2 with Bautista and Burner voting no. 26. Second reading and enactment of Ordinance No. 1702: "An Ordinance of the City Council of the City of Cupertino Approving Application 1-DA-95, Development Agreement Between the City of Cupertino and Hewlett-Packard, Inc." (Continued to November 6, 1995.) STAFF REPORTS 27. Recommended holiday schedule: (1) Cancel City Council meeting scheduled for Monday, December 18; (2) Close City Hail on December 22 and 29, 1995. Koppel moved to approve the recommended schedule. Sorensen seconded and the motion carried 5-0. COUNCIL REPORTS Koppel said that she would continue to meet with Joint Venture Silicon Valley at the'tr quarterly meetings. There were about 30 people at the last meeting. She said that the Transportation Agency just squeaked out Tasman Corridor light rail and Dixon Landing in Milpitas. Although it was not on the list, Milpitas did not want the rail to just end in Milpitas, so they made a trade. Koppel said she attended the grand opening of the County children's shelter. It was a public/private partnership, and is a beautiful facility of which the County should be very proud. Burner said that the City of Mountain View came up with $15 million to make sure that light rail goes out there, and it will reaily extend the linkage. Bautista said that the Cupertino Audit Committee had met that morning and will be coming back with a more formal recommendation for investments and more internal controls, particularly in the monthly reports to City Council. City Manager Don Brown noted that the Business Joumai this last week picked John Bautista as one of the "30 under 30" movers and shakers in this County. The Council members congratulated Baufista. ADJOURNMENT At 9:47 p.m. the meeting was adjourned. City Clerk