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CC 05-19-03 CITY DF CUPER TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, May 19, 2003 CALL TO ORDER At 5:08 p.m. Mayor Chang called the meeting to order in Conference Room C, 10300 Tone Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal (5:20 p.m.). Council members.absent: Patrick Kwok. Planning Commission members present: Planning Commissioners Marry Miller, Taghi Saadati, and Gilbert Wong. Planner Commissioners absent: Chairperson Angela Chen and Commissioner Charles Corr. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Deputy City Attorney Eileen Murray, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Senior Planner Aarti Shrivastava, Senior Planner Peter Gilli, and City Clerk Kimberly Smith. JOINT STUDY SESSION WITH PLANNING COMMISSION Discuss preliminary plans for residential units at the rear of the Oaks Shopping Center and along Mary Avenue. The developer is Regis Homes. Director of Community Development Steve Piasecki said that the property owner was told that the City's General Plan allows mixed-use on any commercial, industrial, or office properties up to 35 units to the acre and that there are sufficient units currently available under the General Plan. Piasecki said no General Plan amendment was requested, and exceptions to the Heart of the City Specific Plan would be minimal. The developers asked to come before Council and the Planning Commission before proceeding with the project. Piasecki said that the objectives of the development would be to reduce the amount of commercial square footage in the rear of the shopping center, which has been the least marketable section over the years, and to backfill the space with a 3-story ownership May 19, 2003 Cupertino City Council Page 2 residential product. The developers have agreed to work with the City to find the best way to enhance the marketable areas with better signage, streetscape visibility, etc. He said that walkability would be important in this development and it would be an opportunity to provide some affordable units on Mary Avenue and to create a pocket park at the northern end of the units. Senior Planner Peter Gilli reviewed the staff report and outlined the project in further detail. Applicant Ken Bush from Regis Homes talked more about the project and introduced the development team. Tim Bums, Heitman Capital Management representing the Oaks Shopping Center ownership, talked about the history of the center and their previous attempts to bring in an Andronico's Market. Paul Lettieri, landscape architect, discussed the site plan details. John Eller, President of SB Architects Sandy and Babcock, also talked about the project. Lowenthal said he was concerned about the park appearing to be private and not shared with the community. James was concerned about the net loss of parking spaces and how the retail would be affected. She asked about the intermingling of the vehicular traffic through the commercial and residential areas, and said that crosswalk and speed control on Mary Avenue is essential. Sandoval asked about permit parking for the residential parking, the stoop height, and the crosswalk to the Senior Center. She asked about the possibility of having an active green area with tables, chairs, etc. Chang was concerned about keeping enough retail to make it a viable retail center as new houses are built, losing the angle parking on Mary Avenue for the Senior Center and Memorial Park events, traffic impacts, and the visual qualities of houses backing up to the 85 on-ramp and facing the commercial section. Saadati asked about the space between two of the buildings and suggested adding trees to make more of a separation, asked about parking requirements, and if the speed limit on Mary Avenue would change from one end to the other, especially near the crosswalk. Wong was also concerned about parking issues, and Miller was concerned about the parking ratio for the residential units and overlapping with the retail. A member of the audience asked when a traffic study would be done and if it would involve the projected growth of De Anza College enrollment. Chang said that he supported the staff's recommendation regarding building number 11 and the circulation issue. May 19, 2003 Cupertino City Council Page 3 RECESS At 6:44 p.m. the Planning Commission adjourned, and the City Council recessed until 7:01 p.m. PLEDGE OF ALLEGIANCE At 7:01 p.m. Mayor Chang reconvened the Council meeting in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. Sandoval/James moved to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Deputy City Attorney Eileen Murray, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Senior Planner Aarti Shrivastava, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Presentation from Carl Guardino and Roccie Hill of the Housing Trust of Santa Clara County regarding an update on the Housing Trust and opportunities available as a result of Proposition 46. Roccie Hill said that this had been the most successful capital campaign in county history. She handed out a packet of information, talked about how the $10 million was invested in the community to help hundreds of families, and said she would like to work with the City Manager to get the word out to city employees about the home loans available to them. 3. Recognition of the Cherry Blossom Festival artists. Connie Dunham, Yoshiki Hirabayashi, Ted Kameda, and Margaret Abe accepted proclamations from Mayor Chang on behalf of those who have actively participated, contributed and supported the annual Cherry Blossom Festival. May 19, 2003 Cupertino City Council Page 4 POSTPONEMENTS 4. Request to continue item number 14 regarding Extended Stay America. James/Lowenthal moved and seconded to continue this item to June 2 as requested by the applicant. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Mayor Chang reordered the agenda to take up item number 17 next. 17. Consider whether to reconsider the decision to leave the donor names and the dollar amounts to the discretion of the Library Foundation Committee (requested by Council member James). Vice-Mayor James said that she originally voted with the rest of the Council to delegate the authority to the Library Fundraising Committee to raise money for the library. In retrospect, and after heating from her constituents, she felt that she should have voted no on this matter. She asked that the record reflect her belief that the final authority should rest with the City Council and she requested that item number 17 be withdrawn from tonight's agenda. The Council members concurred to table this item. NEW BUSINESS WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Representing the Cupertino Chamber of Commerce and its Board of Directors, the following individuals spoke in support of allowing non-residents to serve on the General Plan Task Force, particularly for business owners and major office categories. Mark McKenna Jody Hansen Jack Hubby Mark Bums, On'in Mahoney Rich Abdalah The Council members agreed to agendize this issue and asked staff to bring back options for residency in other categories including schools, fire, and sheriff's offices. E. J. Conens complained about flyers left in his driveway, and he illustrated one, which was rolled up and left in a plastic bag. Administrative Services Director Carol Atwood said that there may be solicitation restrictions, and she would report back at the next meeting. Shing-Shwang Yao, 21441 Elm Court, said that he was waiting for the City's plan to solve flooding on Elm Court, and now that the rainy season has ended it is time to take action. Public May 19, 2003 Cupertino City Council Page 5 Works Director Ralph Qualls said that the consultant had delivered the plans to address the flooding problem and staff is now reviewing it. He said it would be brought back to Council for review in June. Louise Levy, 10802 Wilkinson Ave., expressed concern about the Patriot Act abrogating the Bill of Rights, and read an excerpt regarding the ability to search library patron records. She said that 61 local chapters of the League of Women Voters have moved to go to the National League to object to the Patriot Act. Robert Levy, 10802 Wilkinson Ave., said that 39 families would be displaced when Saron Gardens is built and the rental units will change to units for purchase. He asked Council to find a way to keep those families in the city. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item 9, which was pulled for discussion. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Adopt resolutions accepting accounts payable for May 2 and 9, Resolution Nos. 03-091 and 03-092. 6. Adopt a resolution accepting payroll for May 9, Resolution No. 03-093. Adopt a resolution authorizing the destruction of records from the Human Resources Department, Resolution No. 03-094. Set a public heating date of June 2 to consider abating a public nuisance regarding substandard structure, overgrown vegetation, abandoned vehicles, and debris at 10467 Glencoe Drive, APN 326-30-106, Mr. Robert T. Damask, property owner, Resolution No. 03-095. 10. Declare intention to order vacation of a roadway easement, 10588/10590 Santa Lucia Road, APN 342-16-084, Resolution No., 03-096. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 9. Endorse the Comprehensive Santa Clara County Expressway Planning Study. Vice-Mayor James said she had served on the Policy Advisory Board, and that some concerns regarding the crosswalk at Mitty School had been addressed. The interchange at Lawrence Boulevard and Highway 280 was still an issue. Public Works Director Ralph Qualls said he serviced on the technical working group that assisted the Policy Advisory Board. May 19, 2003 Cupertino City Council Page 6 Lowenthal/Sandoval moved and seconded to endorse the Expressway Planning Study. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Mayor Chang reordered the agenda to discuss item number 13 next. PLANNING APPLICATIONS 13. Consider a use permit to construct a 24-unit (21,000 square foot) expansion of the skilled nursing facility and a new 3,500 square foot Fitness/Wellness Center at the Forum senior living facility at Rancho San Antonio, Application Nos. U-2003-01 and EA-2003-01, Thomas Brutting, HKIT Architects, 23500 Cristo Rey Drive, APN 342-54-016. A Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Aarti Shrivastava reviewed the staff report. Applicant Thomas Brutting said that this will have a more residential scale than usual, and that they were the original architects of the Forum so the styles will be very compatible. Lowenthal/James moved and seconded to adopt a Negative Declaration. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Lowenthal/Sandoval moved and seconded to approve the Use Permit No. 2003-01 in accordance with Planning Commission Resolution No. 6185. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. PUBLIC HEARINGS 11. Consider the appeal of a Planning Commission approval of a hillside exception to construct a 6,500 square-foot residence on a prominent ridgeline, a driveway on slopes greater than 30%, and grading quantities exceeding 2,500 cubic yards on a vacant substandard residential hillside property on El Cerdto Road, Application No(s). EXC- 2001-08 and EA-2001-13 (Mit.), Amar Gupta, APN 342-31-001. (The appeal filed by Luella Phelps has been withdrawn). The public heating was opened at 7:59 p.m. There were no speakers, and the public heating was closed and the item was withdrawn. 12. Consider a use permit to demolish 16 existing office buildings in the Town Center area totaling 123,695 square feet and construct 141,850 square feet of new office space, 19,135 square feet of retail-commemial space, 217 residential units and a .5 acre linear park Application No(s). EXC-2002-09, TM-2002-02, U-2002-06, Z-2002-02, and EA- 2002-14, Dennis Meidinger/Bill Hagman (Hunter/Storm), 10320-10440 S. De Anza Blvd. and 20360-20440 Town Center Lane, APN(s) 369-40-002 and 369-40-015. The application also consists of the following: May 19, 2003 Cupertino City Council Page 7 (a) Tentative map to subdivide four existing parcels ranging from approximately 1.9 acres to 6.0 acres to create six "building" parcels and one common lot ranging from approximately 0.1 acres to 3.7 acres (b) Exception to the Heart of the City Specific Plan (Town Center Area) to allow building heights from 36 feet to 45 feet (c) Rezone 12.3 acres from P to P (planned commercial, office, residential) (d) Adopt a Negative Declaration (e) Conduct the first reading of Ordinance No. 1919: "An Ordinance of the City Council of the City of Cupertino rezoning six parcels totaling 12.368 gross acres parcel from P or (Planned Development with Office, Prototype Research and Incidental Commercial uses) P (OP) or Planned Development (Professional Office) to P (Commercial, Office, and Residential) or Planned Development (Commercial, Office, and Residential)." At 8:00 p.m., City Attomey Charles Kilian left the room and Deputy City Attorney Eileen Murray was present. The following materials were handed out at the meeting: (1) A memorandum from the Planning Department modifying Condition 48 regarding the condominium map for Civic Park; 2) A letter dated May 13 from Albert Hoffman and Mary Cadloni in opposition to this project; and (3) a letter dated May 15 from the Santa Clara Housing Action Coalition in support of this project. Senior Planner Aarti Shrivastava reviewed the staff report and highlighted the changes made in the revised plans. Applicant Ed Storm said that they didn't initiate or sponsor traffic calming, but they were willing to pay for a portion. He said they agreed to the 45-foot height restriction but didn't want it to impact the number of stories. They would like to create 14 more units in building R2 by lowering and depressing the interior parking lot, with no resulting difference in the height. They would also like to eliminate the 1600 square foot caf~ that is part of the G building. He said the traffic light at the entrance of their project would help them to bring traffic onto their site without impacting other areas, and it would also help the retail project. He asked for Council direction regarding density and for-sale units versus rentals. He said they could reduce some of the density by offering more for-sale product but it would result in fewer traits. He said that the office portion wouldn't be built until after the residential, he asked that the use permit allow them seven years to complete the project. He also said that they are ready to do the street improvements. Ned Britt, 20850 Pepper Tree Lane, said that he was in support of reducing the density and keeping it within height limits. He said that demographic data should not be relied on because of current economics. May 19, 2003 Cupertino Gty Councll Page Dave Riopel, 10516 Whitney Way, said he liked the progress made, but did not want it to violate General Plan height limits. He said that it's important for the City to have single- family, owner-occupied homes in order for families to become part of the community. He said that more input is needed from the public on the traffic light. He also asked that the traffic gate at Pacifica be removed, or that Silverado be blocked off. Bob Levy, 10802 Wilkinson Ave., said that by the time these units are built the middle school might be at a new location. He asked what amenities would be available for the new families, and asked Council to consider safety and traffic patterns to the new school location. Dennis Whitaker, 20622 Cheryl Dr., expressed concern about increasing traffic problems such as those faced by urban areas, as well as continuing density issues. He said the biggest problem would be the impact on the schools. Shishir Mukherjee, 1174 Scotland Dr., said that he didn't understand why the City wanted to build another big project before the new General Plan is approved. E. J. Conens, Cupertino resident, was concerned about increased traffic and height density with this project. Joanne Tong asked that Council not grant any more height amendments to the present General Plan until the new General Plan is completed. She said there is a safety issue with underground parking and asked Council to limit the building heights to 36 feet. Norm Hackford, 10346 Tonita Way, said that he had written a letter regarding his thoughts about the project and had received responses. He was concerned about aesthetics and traffic, especially around schools. He liked the idea of reducing the density but didn't think the City was ready for this project. He would like to see the building setbacks be the same on both sides of the street. Sally Larson, Cupertino resident, said she wondered why this project was being pushed for a vote now before the traffic study was completed and when the new General Plan Task Force was about to commence. She said she was glad to hear about traffic calming measures on Rodrigues. She asked that Council and Planning take into consideration all parking needs before approving the project. Applicant Deke Hunter talked about the elevation of Building R-2. He said their goal was to reduce the density by going to nearly 100% for-sale units. He said that they would like to have the parking be dedicated for the project and not have any shared parking. He said the traffic light is a benefit for the retail part of the project and to help reduce traffic. Lowenthal/James moved and seconded to approve the Heart of the City Specific Plan exception EXC-2002-02, approve the rezoning Zo2002-02, and approve the Tentative May 19, 2003 Cupertino City Counc{1 Page 9 Map TM-2002-02 as amended in the discussion of the use permit. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok The conditions of approval were amended as follows: · In the title of Planning Commission resolution No. 6183 and in condition number two (development approval), change the number of total units from 217 to 142 units with a proviso that the revised townhouse plan for building R-1 and the detached caf6 shall return to the Planning Commission and City Council for final approval · In condition number four (use permit period) change the effective period from six years to "seven years from completion" · In condition number nine (for-sale condominiums) change it to read: "R-1 and R- 2 shall consist of for-sale town-homes or condominium units" · In condition number 16 (shared parking agreement) add a statement that "the number of parking spaces may be reduced to reflect the reduction in housing units on a proportionate basis" · In condition number 19 (on-street parking along Torte Avenue) add a paragraph c. to say, "The applicant shall install paving at the intersection of Town Center Lane and Torre Avenue and work with staff on the final design" · In condition number 21 (traffic calming along Rodrigues Avenue and Pacifica Drive) strike the words, "on-street parking (to off-set parking deficiencies)" in the first sentence · In condition number 43 (improvement agreement) reduce park fees to reflect the reduction in the number of residential units (Public Works Director Ralph Qualls clarified that the amount currently listed is an approximate amount only) · The infrastructure of the linear park shall be designed to accommodate community events subject to review by the City staff · Add condition number 54 (provision for recycling) to include garbage receptacles and bottle and can receptacles for recycling The City Clerk read the title of the ordinance. Sandoval/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Council was in recess from 10:10 p.m. to 10:20 p.m. James/Sandoval moved and seconded to adopt a mitigated negative declaration. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. At 10:25 p.m. Deputy City Attorney Eileen Murray left the room and City Attorney Charles Kilian returned. May 19, 2003 Cupertino City Council Page 10 UNFINISHED BUSINESS 14. Reconsider denial of Application U-2002-11 and EA-2002-23, Freiheit & Ho Architects, Inc., for a Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill), and construct a 120 - room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard, APN 326-10-064. (Continue to June 2 at the request of the applicant). The Council members were provided with a letter dated May 14 from Mr. J. R. Rodine requesting that this item be rescheduled. Council concurred to continue this item to June 2 as requested by the applicant. NEW BUSINESS 15. Approve the minutes from the April 7, 15, 21 City Council meetings. Councilmember Dolly Sandoval said she accepted the changes that the City Clerk had made to the minutes on her behalf, except that she wanted to attach the verbatim wording of speakers Pat and Barbara Rogers to the April 21meeting. City Attorney Charles Kilian referred to the staff report and explained the different kinds of minutes, including verbatim, summary, and action. He said that the Council had taken an action in January of 2002 to have action minutes prepared if the meetings were televised. For those meetings that were not televised, the Council gave the City Clerk discretion to summarize the points made. He said that the Clerk has done mostly expanded, action minutes by adding a few sentences to give the flavor of what transpired. He said that the Council could attach verbatim statements to the minutes if it desires and make exceptions to its action-minutes-only policy. Sandoval/Chang moved and seconded to attach the verbatim statements to the minutes of April 21. James said that since Council had never done this before, she had some concerns. She said that if a narrative was to be done about this issue, than a narrative should be done for everyone who spoke to the issue, and not just certain individuals. Lowenthal said that opposed selecting sections to prepare verbatim minutes and said that could be used as a political tool. Chang reiterated Sandoval's comments that the original minutes were not reflective of the comments made. He suggested the Council vote on whether to direct the Clerk to add a few more sentences to give more of the flavor of the comments made. He didn't see a problem in attaching the verbatim transcript, however, and that the other comments on this issue could be attached verbatim as well. May 19, 2003 Cupertino City Council Page 11 City Manager David Knapp said that the first amendment preserves the right of any citizen to say whatever he or she likes, but that it doesn't automatically qualify it to be memorialized in more detail than it already is in the minutes. He said a videotape of the meeting is available for review to anyone. He said he was concerned about workforce morale and overall efficiency of the organization being compromised due to conflict at the policy level. He said that the nature of some of the verbatim comments were of a personal attack and felt that the conflict may continue if the comments are included in their entirety. Sandoval amended her motion to approve the April 7 and 15 minutes with the amendments as shown. Lowenthal seconded the motion. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. James/Lowenthal moved to approve the minutes of April 21 with the amendments as recommended by the City Clerk. Vote: Ayes: Chang, James, Lowenthal. Noes: Sandoval. Absent: Kwok. 16. Consider changing the start time of the budget study session on May 27 from 4:30 p.m. to an earlier time (requested by Mayor Chang and Council member Sandoval). The Council members concurred to begin the meeting at 3:00 p.m. instead of 4:30 p.m. 17. Consider whether to reconsider the decision to leave the donor names and the dollar amounts to the discretion of the Library Foundation Committee (requested by Council member James). The agenda was re-ordered, and this item was taken up after item No. 4. ORDINANCES 18. Conduct the second reading of Ordinance No. 1918: "An Ordinance of the City Council of the City of Cupertino amending Section 10.60.060 (A)(4) of the Cupertino Municipal Code regarding the abatement of graffiti." Administrative Services Director Carol Atwood said that Mayor Chang had previously expressed a concern that the graffiti abatement cost passed onto a citizen may be prohibitive. She said that no situation has occurred yet where the City had to bill a citizen, but rather graffiti on private property has been voluntarily cleaned up by the property owner. She said that the purpose of the ordinance is to make it consistent with the current fee schedule, which is intended to recover costs. Sandoval/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. May 19, 2003 Cupertino City Council Page Sandoval/Lowenthal moved and seconded to enact Ordinance No. 1918. Ayes: James, Kwok, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. STAFF REPORTS 19. Receive a monthly status report on the Cupertino Civic Center and Library Project. City Manager David Knapp said that Phase I of the project is about 95% complete. The bid opening June 10 and the award of the contract is scheduled for the June 16 meeting. 20. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said that total General Fund revenues, exclusive of operating transfers in from other funds, are up about $700,000 compared to last year's actual figures. She said it is still below original budget projections, but is improving. She said that sales tax from April 30th to date is down by $25,000, and Transient Occupancy Tax is up $50,000. She also said that the General Fund has received an increase from the Enterprise Funds but there is also a shortfall from the expectation of receiving Park Acquisition funds. Atwood said that expenditures are down 2% from last year and if that trend continues it may save about $500,000; however, the budget is tight for the next fiscal year and some service items have been cut. COUNCIL REPORTS Council members highlighted the activities of their committees and various commtmity events, including meetings of the Audit Committee, 5C's, the Silicon Valley Manufacturing Group, the Santa Clara County Cities Association, and the Leadership Cupertino committee. Council members also discussed the success of the CREST awards ceremony, the Silicon Valley Korean School annual picnic, the World Journal Mother's Day Festival, an award to the city for accounting excellence and a federal grant requested from Homeland Security by the Santa Clara County Emergency Preparedness Commission. CLOSED SESSION - None ADJOURNMENT At 10:55 p.m.p.m, the meeting was adjourned to 3:00 p.m., Tuesday, May 27 in City Hall Conference Room C for an advisory study session regarding the 2003-04 budget, 10300 Torre Avenue. Kimberly Smitt~/~C~y Clerk May 19, 2003 Cupertino City Council Page 13 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. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.