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01. Mins 9-6 and 9-14 - CIlY OF CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, September 6, 2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. He asked for a moment of silence in recognition of the passing of Supreme Court Chief Justice William H. Rehnquist, as well as for all of the victims of Hurricane Katrina. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation for the 9-vear-old Cuoertino All-Star baseball team for winning the championship. (No documentation in packet). Mayor Kwok presented the proclamation to the baseball team members and their coach. 2. Proclamation for the Cuoertino Senior All-Star baseball team for being the runner-up. (No documentation in packet). Mayor Kwok presented the proclamation to a team representative. 3. Presentation to the Cuoortino Block Leader Program from the California Association of Public Information Officials (CAPIO). (No documentation in packet). Communications Manager Rick Kitson said that the City had received an honorable mention for its Block Leader Program for innovation and outreach. On behalf of CAPIO, he presented the award to Mayor Kwok, who accepted it on behalf of the City Council. Council. He also thanked City employee Laura Domondon Lee, who manages the Block Leader Program, and said that the public was invited to attend Block Leader training that would be presented on September 15. /-1 September 6, 2005 Cupertino City Council Page 2 4. Proclamation to Cuoertino's Ham Radio Emeœencv Coordinator Jim Oberhofer for receiving the California Emergency Services Association (CESA) Coastal Chapter Silver Award. (No documentation in packet). Emergency Preparedness Coordinator Marsha Hovey said that Mr. Oberhofer has volunteered hundreds of hours to the city since 1999. She said this award recognizes him for the software program he developed, and which is now being used by amateur radio operators allover the country to speed up communications. Mayor K wok presented the proclamation. POSTPONEMENTS - None WRITI'EN COMMUNICATIONS The City Clerk distributed the following documents: · A perspective drawing of the Adobe Terrace project (item No. 21) · A draft resolution for the Redevelopment Agency meeting, to be held later in the evening · A letter encouraging people to bicycle and walk to the Golden Jubilee on September 24 and 25, to reduce parking impacts ORAL COMMUNICATIONS Dennis Whittaker made several public service announcements; (1) He encouraged people to participate in the Optimists Clubs event, a walk to benefit Families with Kids with Cancer. He said they are also helping to sponsor the JW House; (2) He said the local USO (United Service Organizations, Inc.) desperately needs volunteers, and people can volunteer as little 4 hours a month; and (3) He talked about the importance of remembering the active duty troops and their families, and mentioning them as often as possible to wish them home safe, sound, and soon. Deborah Hill asked the City Council to support a program at the library to provide ftee reading lessons for all ages. She also extended her sympathy to all the victims of Hurricane Katrina. Rusty Britt said that it was too bad the Superior ruled to allow outsiders as signatories on measures A, B, and C. She said that the opponents of the measures are a collection of special interest groups and officials who frequently do not represent the Cupertino residents, and they hope the name-dropping will impress the voters. She said the authors in favor are simply Cupertino residents with no political affiliations with developers, and they are trying to preserve the suburban character of the city. James said that she wished to correct some statements made by the last speaker. She said that it is okay to have a difference of opinion, but people opposed to the initiatives should not be characterized as not being members of the community, because a majority of them are. I-J-- September 6, 2005 Cupertino City Council Page 3 CONSENT CALENDAR Sandoval/James moved and seconded to approve the items 5-7, 10, 12-14, and 16-18 on the Consent Calendar as recommended. Item Nos. 8,9, II, 15, and 19 were pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 5. Approve the minutes from the August 16 City Council meeting. 6. Adopt resolutions accepting Accounts Pavable for August 12, 19, and 26 Resolution Nos. 05-144 to 05-146. 7. Adopt resolutions accepting Pavroll for August 12 and 26, Resolution Nos. 05-147 and 05-148. 10. Adopt a resolution authorizing the investment of monies in the Local Agency Investment Fund (LAIF), Resolution No. 05-150. 12. Adopt a resolution approving an easement maintenance agreement for Civic Park Development R-l (Taylor Woodrow Homes. Inc.), APN 369-40-017, Resolution No. 05- 152. 13. Accept municinal imDrovements (No documentation in packet): a) Jia Huo Yu and Shirley K. Ng, 10663 Santa Lucia Road, APN 342-17-008 b) Bin Xu and Chi Zhang, 10465 Byrne Avenue, APN 357-12-038 14. Adopt a resolution authorizing the City Manager to negotiate and execute all necessary cooperative agreements with the California Department of Transportation required for design oversight, construction, and maintenance in connection with the Mary Avenue Bicycle Footbridge Proiect. Resolution No. 05-153. 16. Adopt a resolution approving the final man of Tract No. 9729 for Oak Park Village located on De Anza Boulevard, Resolution No. 05-154. 17. Adopt a resolution approving an imorovement agreement for Cuoertino Estate LLC. a California Limited Liability Company, 22291 Cupertino Road, APN 326-16-017, Resolution No. 05-155. 18. Adopt a resolution approving a roadway easement for Cuoertino Estate LLC. a California Limited Liability Company, 22291 Cupertino Road, APN 326-16-017, Resolution No. 05-156. 1- 3 September 6, 2005 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Accept the Treasurer's Investment and Bud~et Reoort for July 2005. Administrative Services Director Carol Atwood clarified how revenues are reported in the monthly Treasurer's report. WangfLowenthal moved and seconded to accept the Treasurer's Report as presented. The motion carried unanimously. 9. Adopt a resolution accepting the Treasurer and Deuutv Treasurer aDoointments, Resolution No. 05-149. Carol Atwood introduced the new Finance Director and Deputy City Treasurer, David Woo. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 05-149. The motion carried unanimously. 11. Adopt a resolution approving an imDrovement wueement for Civic Park Development R- I (Tavlor Woodrow Homes. Inc.), APN 369-40-017, Resolution No. 05-151. Staff clarified items in the staff report. Wang/James moved and seconded to adopt Resolution No. 05-151. The motion carried unanimously. 15. Report on the status of the traffic study in the neighborhood affected by the traffic restrictions on Kim Street north of Bollinger Road. Set a public hearing for October 4, 2005, for discussion of the traffic report and recommendations on traffic restrictions on Kim Street north of Bollinger Road and an existing petition for permanent closure of Kim Street at Bollinger Road. Public Works Director Ralph Qualls said that no action is expected at this time, but he asked Council to set a public hearing. Staff will return then with a full traffic report, and will provide notice to the entire neighborhood. Leslie Jeffries said that when traffic is not permitted through the Kim gateway, she is forced to drive around the closure, which adds JO minutes to her daily commute, and she must wait at the intersection near the Home Depot where dozens of day workers come by and knock on the vehicle windows asking for work. She felt this was an unsafe situation, and she asked the Council to consider adopting an anti-loitering law, and to keep the gate open permanently. Robert Hall said he was one of spokespersons representing the 128 homeowners who signed a petition in favor of the Kim street closure. He said they feel there is adequate transportation on the main corridors, and the closure helps to reduce the disruption to the residential area. Jim Wiant, member of the Bicycle and Pedestrian Commission, said he applauded the changes recommended in the General Plan, which add references to pedestrian access. He recommended that Kim Street be open to both pedestrian and bicycle traffic. I-C¡ September 6, 2005 Cupertino City Council Page 5 Lowenthal/Sandoval moved and seconded to hold the public hearing on October 4, 2005. The motion carried unanimously. 19. Sister Cities: a) Approve the Revised Policy and Guidelines for Sister City Partnershins b) Deny the request to pay for hotel accommodations for the Toyokawa and/or Hsinchu Sister City delegates during the Golden Jubilee Celebration Council member Richard Lowenthal pointed out a typographical error on page 19(a-3), second bullet, under the title Travel and Program Expenses, and Council concurred that the last sentence should actually read, ''No disbursements will be made without approval of City Council." Council also concurred to strike the first sentence under the title New Affiliations, and have the bullet read, "Cupertino will not establish a relationship with any foreign city that already has an affiliation in the U.S. The City also will not establish a relationship with more than one sister city in the same country." Wang said that there are still areas in the guidelines that need some work, and as the liaison to the Sister Cities, she asked for more time to discuss the policy with staff. She also asked that this item not be put on consent in the future to allow for a more full discussion. Public Information Officer Rick Kitson noted that it was important that Council hear this item tonight because of potentially significant expenses in conjunction with the Golden Jubilee that may be charged to these Sister City accounts, specifically paying for hotel accommodations for Sister City delegates. Council discussed item 19(b) and noted that the City does not have a budget to pay for accommodations for the Sister City delegates, and has never picked up that expense, and that community organizations themselves would be the ones to pick up that expense if they desired. LowenthallWang moved and seconded to appoint Council members Kris Wang and Richard Lowenthal to serve on a subcommittee and to meet with the City Manager on this item, and report back at the next meeting; also, that staff shall communicate with the Sister City and explain that a decision has not been made regarding item 19(b), related to paying for hotel accommodations for delegates. The motion carried unanimously. Mayor Kwok re-ordered the agenda to take up item No. 23 next. NEW BUSINESS 23. Consider an anneal of the City Manager's determination to dismiss the appeal regarding a window installation at 20272 Northcove Square. The applicants and appellants are David and Manzaret Critzer. 1-:; September 6, 2005 Cupertino City Council Page 6 The City Attorney said his recommendation was to refer the matter back to the City Manager for a hearing. He said that Mr. Eller, who represents the appellant, and Mr. White, who represents the homeowners association, were in agreement with this recommendation. JameslWang moved and seconded not to hear the merits of the appeal at this time because the merits had not been addressed in the City Manager's appeal hearing, and to refer the matter back to the City Manager for further hearings on the merits. The motion carried unanimously. PUBLIC HEARINGS 20. General Plan UDdate. Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of August 16). Mayor Patrick Kwok said that at tonight's meeting, Council would focus on the subject of parks and trails, traffic circulation, and economic development policies, if time allowed. Community Development Director Steve Piasecki gave the staff report. Council discussed whether or not the topic of Economic Development Policies should be removed from the General Plan discussion and brought up to Council as a separate item. Council member James said for the record that she thought that this topic deserved a full presentation to the community so that they would understand it, and have a chance to tell Council how they feel. She said she is only asking that it be taken out of the General Plan discussion because people don't understand that it's been added in two meetings before the end of a 4-year process. JameslKwok moved and seconded to take the Economic Development Policies topic out of the ongoing General Plan discussion, and bring it separately to Council as a proposed policy. Council member Wang offered an amendment to have a public hearing on September 20 on the topic but still include it in the General Plan discussion. James added a friendly amendment that any hearing would involve mailed notice to all residents. Kwok seconded the amendment. Wang clarified her amendment to say that the hearing could be anytime to allow for citywide notice, but she would like it to be on September 20, and that the topic would be heard before voting on the General Plan. James accepted Wang's amendment and withdrew her friendly amendment. Council voted on whether there would be Citywide notice for a hearing on Economic Development Policies. The motion carried with the following vote: Ayes: Kwok, Wang, James. Noes: Sandoval and Lowenthal. Absent: None. Council voted on whether to hold a special public hearing within the General Plan context on the subject of Economic Development Policies on September 20. The motion carried unanimously. Piasecki noted that there might not be time for Citywide notice for the September 20 meeting, but staff would know by next week. {-(p SeptenIber 6, 2005 Cupertino City Council Page 7 Wang/James moved and seconded that Council would discuss the subject of Economic Development on September 20 regardless of whether Citywide notice was done or not, but would not take action until Citywide notice has been given. The motion carried unanimously. Leon Pirofalo from Planning Resource Associates commented that the discussion on circulation impacts was being covered at tonight's meeting as part of the EIR discussion. He said that another associate at the next meeting would be presenting the rest of the EIR material. He introduced Bob Harrison, the City's traffic consultant. Harrison gave a PowerPoint presentation regarding circulation, and highlighted the Level of Service (LOS) intersections and their impact during morning and afternoon peak hour. He said the only intersections that didn't make the City LOS standard "D" were Homestead at De Anza, and Stelling at McClellan Rd. Both would need an additional right turn lane to bring them up to standard. He said the City couldn't control the fteeways, so they would remain about the same as they are today. Council asked questions regarding school traffic and new developments. Piasecki responded that staff would focus traffic analysis in conjunction with any adjacent development to make the very best condition possible. Parks and Recreation Director Therese Smith reviewed the staff report on parks and trails. The PowerPoint slides highlighted amended language on Policy 2-70, Strategy 2 regarding trail projects; the Mary Avenue Footbridge Study; the BicyclelPedestrian Commission amended langnage regarding trail projects; projects to enhance walkability, including the Mary Avenue Footbridge and the Stevens Creek Trail; and Council options. Council was in recess from 8:43 p.m. until 9:53 p.m. The public hearing was opened at 9:53 p.m. May Koski said she was a member of the Bicycle and Pedestrian Commission but was speaking as a resident of Regnart Road. She said that she is a trail advocate, but had concerns about the open space parks and trails portion of the land use element - Regnart Creek and West Foothill trails. She said that the General Plan Task Force accepted staff's recommendation that the trail alignment along the upper portion of Regnart Creek would be along the road, but now it's not clear that this is what is actually being recommended. She also wanted to make it clear that the Regnart Creek Trail is actually the Regnart Creek portion of the Calabasas Creek Trail. She said she also had concerns that the other new trail elements of the General Plan haven't been subject to public input, noticing, or planning. Bob Rodert, resident, said he wanted to keep Cupertino hillsides the way they are when considering any rezoning in those areas. 1-7 September 6, 2005 Cupertino City Council Page 8 Jennifer Griffm asked Council to protect Cupertino schools from overcrowding; keep the building heights to 35 feet; keep the density of new proposed building projects down; preserve the view of the hills; preserve the tech parks; preserve the parks, greenbelts, trees; and purcbase more park land. Geoffrey Paulson, chairman of the Bicycle Pedestrian Commission, said that the commission is concerned about the constraints of the recent proposed language regarding the opposite side of the creek. He said that the word "urban" limited the trail, and striking the language gave more latitude. He also noted that another change the commission suggested was to propose additional language to the Regnart Creek portion regarding on- street trails to reflect concerns from residents. Julia Miyakawa, speaking on behalf of the Regnart Gatekeepers, said that the group has been fighting the opening of Regnart Creek trail and have already submitted a petition. She asked the proponents of the trail to think about the residents who will be affected by the trail 24 hours a day. She said the Gatekeepers are concerned about the safety of children, legal liability issues, and other concerns already mentioned in previous hearings. She asked Council to remove the trail from the General Plan, and to not be swayed by out-of-town special interest groups. Lisa Giefer, Planning Commissioner, spoke regarding commercial and office space. She wanted to clarify that the Commission recommended lowering that number by approximately 500,000 square feet because they felt that the current number seemed artificially high. The byproduct of lowering the number was an improvement in the jobs/housing imbalance, but that was not the primary motivation in lowering the number. As a resident, she urged Council to adopt the amended language proposed by the Bicycle Pedestrian Commission regarding trails. Gary Virshup, resident, said that bike and pedestrian trails enhance the qnality of life for everyone in Cupertino. He urged Council to not make it more difficult to add trails by adding language regarding not allowing trails to be on the opposite side of the creek from residential development. Aaron Grossman, Executive Director of the Friends of the Stevens Creek Trail, urged Council to accept the Bicycle Pedestrian proposed language regarding trails. He also urged Council to discuss the parking cash out concept where businesses get credit for the workers that don't drive. He urged Council to study the concerns the residents have regarding the Regnart Creek Trail, but to not wipe the trail out completely from the General Plan. Michael Foulkes, representing the Cupertino Chamber of Commerce, said that Policies 2- 20 and 2-42 were short-sighted and would stifle business coming into the City; he asked Council to consider zoning as a package when talking about a policy of cohesive commercial centers; and he asked for more discussion regarding 1 % for art, thinking it was best dealt with on a project to project basis, rather than put into the General Plan. ) -~ September 6, 2005 Cupertino City Council Page 9 Anne N g, resident, asked Council to eliminate the restriction of creek trails to the opposite side of the creek in residential development, and to support the parking cash out concept with a definition of cash out and a specification that it apply to employers. She said that she supports the Regnart Creek Trail, but nothing should be done until the neighborhood supports it. Council member Wang asked the Chamber of Commerce to look into the impact of cash out on businesses. Norm Hackford talked about setbacks in the Crossroads streetscape plan. He said that a 20-foot setback wasn't acceptable to the residents in 2003, and he hasn't heard any further discussion of this issue. He requested Council to either delete it from the General Plan or to review it in a public hearing. He was also concerned about adding parking on Rodrigues, which adds to traffic congestion. Raj Abhyanker, resident and Cupertino City Council candidate, said he was sadden by the tensions that have played a part in decisions relating to height, density, setbacks, trails, cell phone towers, etc. He said he hopes that the facts could be evaluated in the best interest of the City to maintain the suburban character of the City, and that people can remain neighbors and mends after the issues have been decided upon. Ned Britt spoke about school traffic congestion near Faria School. He said it's more than a 30-minute congestion period, and he's worried about the safety of the children. He suggested prohibiting circulation in that area instead of just trying to improve it. Dennis Whittaker, President of the Concerned Citizens of Cupertino (CCC) Save Our City, and a former member of the General Plan Task Force said he disagreed that Economic Development policies should not be part of the General Plan. He noted that it was because of the General Plan Task Force that Econornic Development was included in the discussion. He asked that notification be sent out to all the residents regarding Economic Development. He mentioned other intersections around the City that need traffic circulation improvement, and asked for a study regarding how many cars Cupertino have now versus 10 years ago. Sara Arzeno, resident and part of the Lindy Lane Development Group, was concerned about the development of the Lindy Lane hillside. She said that many yards have been destroyed, and the quality of life has been reduced. She requested to have the area rezoned to hillside property. Marty Miller, resident, said that he is an avid use of parks and open space in Cupertino, and a supporter of trails. He said that all trails aren't worth implementing, and Regnart Creek is not a good place for a trail. He said it is a ditch, not a trail, and dredged only for flood control. He explained that the Santa Clara Valley Water District has kept access {- c¡ September 6, 2005 Cupertino City Council Page 10 restricted for almost 20 year, to keep people from disturbing it, thereby ensuring its intended purpose as a flood-control mechanism. A lot of water flows through it during the rainy season, and the slopes are steep and dangerous, especially for children. He urged Council to drop Regnart Creek from the General Plan as a potential trail site. Council member Lowenthal commented that the area is for flood control purposes, but that the Water District has consistently said they welcome trail use, as long as their trucks can still get through. Mike Bullock talked about car parking cash out where employers pay employees an extra amount each time that they get to work without driving. He said that there is nothing in what he is advocating that would force any company to choose this policy. He asked for off-street parking ordinances amended with three items: 1) The definition of car parking cash out; 2) Schedule of parking lot size reductions as a function of amount paid; 3) sentence in front of the schedule of reductions making it clear that the reductions would only apply after the City verified that the expected reductions in driving did take place. He also said that he is an advocate of trails and agreed with what Ann Ng said. Deborah Hill encouraged more trails and parks. The public hearing was closed at 10:47 p.m. Piasecki explained that the next meeting would focus on the draft Environmental Impact Report (EIR), and 1 % for Art. 21. Consider Application No. TM-2oo5-02, Pinn Bros. Construction (Adobe Terrace) located at 20128 Stevens Creek Blvd., APN 369-03-001. A tentative map for condominium purposes for an approved mixed-use project consisting of 2,395 square feet of retail space and 23 residential units. Steve Piasecki reviewed the staff report and made a PowerPoint presentation. Kris Wang commented that when Council first reviewed the project for approval on March 1, 2005, the application was to provide rental units on one single parcel, and now it is being changed to sub-divide the parcel into 23 different units. She said this is contradictory to the Heart of the City Plan under the section of Multi-Unit Residential Development Standards. The Plan calls for mixed-use and any un-subdivided parcels that are then sub-divided, must be for mixed-use or they are not qualified to be in the Heart of the City. Piasecki noted that the staff report on March 1 said the project was for 23 residential condominium units, and pointed out that the applicant had noted that the project had changed from an apartment project to an ownership condominium project at that time. { -(0 September 6, 2005 Cupertino City Council Page I1 Jeff Curran, Pion Brothers, said that the reason for the delay in bringing the Tentative Map to Council was that they were waiting for a purchase agreement, which would allow them to sell the 23 units. Dennis Whittaker asked staff to clarify whether the project was one entity, as a condominium association, or 23 separate units of ownership, as a townhouse association. He said that it is a different project if the units are now divided into townhouses, and it should go back to the Planning Commission for further discussion. Curran clarified that the 23 units would not 23 separate parcels but only one lot; it is a condominium project; and the retail parcel user would also be a member of the condominium association. Mayor Kwok stated for the record that he did not vote to approve this project because it took away some of the retail and changed it into residential, but he would support the Tentative Map sub-division request. SandovallLowenthal moved and seconded to approve Tentative Map TM-2005-02 in accordance with Planning Commission Resolution No. 6311. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 22. Consider adopting a resolution supporting Assemblv Bill 438. as amended, (parra) sex offenders, Resolution No. 05-157. Sandoval/James moved and seconded to adopt Resolution No. 05-157 and authorize the Mayor to send letters of support to state legislators and staff. The motion carried unanimously. 23. Consider an aooeal of the City Manager's determination to dismiss the appeal regarding a window insta1lation at 20272 Northcove Square. The applicants and appellants are David and Manzaret Critzer. This item was heard earlier in the meeting. 1-1/ September 6, 2005 Cupertino City Council Page 12 24. Receive the resiP"T1"tÎon from Fine Arts Commissioner Martha Bills. and initiate the process to fill the unscheduled vacancy. Council concurred to include this vacancy in the annual recruitment process. 25. Conduct the first reading of Ordinance No. 1966: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 14.04, Section 14.04.230 of the Cupertino Municipal Code Relating to Street Imnrovement Reauirements, Exception Based On Less Than Twenty-Five Percent Expansion of Existing Floor Area." The City Clerk read the title of the ordinance. Lowenthal/James 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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. 26. Conduct the first reading or Ordinance No. 1967: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention and Watershed Protection. Revising Storm Water Pollution Prevention Requirements for Land Development Projects." The City Clerk read the title of the ordinance. LowenthallWang 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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:29 p.m. the meeting was adjourned to Wednesday. Seotember 14 at 6:00 n.m. for a meeting regarding the General Plan. Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Kimberly Smith, City Clerk /-!.¿ September 6, 2005 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, 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. 1~13 CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, September 14, 2005 PLEDGE OF ALLEGIANCE At 6:08 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. ORAL COMMUNICATIONS - None Mayor Kwok reordered the agenda to take up item number 3 next. NEW BUSINESS 3. Adopt a resolution appropriating $25,000 to the Santa Clara Valley Red Cross for Hurricane Katrina disaster relief aid, Resolution No. 05-158. City Manager David Knapp reviewed the staff report. Deborah Hill said that people who lost pets to Hurricane Katrina might have difficulty coping, and that children also need someone talk to. She encouraged people to donate to the American Red Cross and other organizations, or to volunteer their time, as she planned to do. Mayor Kwok asked residents to assist in any way possible by calling 1-800-HELP NOW. James/Lowenthal moved and seconded to adopt Resolution No. 05-158. The motion carried unanimously. Mayor Kwok reordered the agenda to take up item number 2 next. (-('-( September 14, 2005 Cupertino City Council Page 2 PUBLIC HEARINGS 2. General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of September 6). City Planner Ciddy Wordell highlighted the topics of discussion, which included the Environmental Resources element, the Health and Safety element, and the draft Environmental Impact Report (ErR). Donald Woolfe from Planning Resource Associates gave a PowerPoint presentation on sustainability and defined it as a means of creating environments today that will not cause negatively impact future generations through the depletion of natural resources. The recommendations included: Appointing a task force or commission to develop and oversee a comprehensive annual Sustainability and Resource Plan for Cupertino; energy conservation through retrofitting; and the Green Buildings program, which uses materials and design to reduce energy consumption and material use in order to be sensitive to the environment. Ted Sayre from Cotton Shires Association made a PowerPoint presentation on the Geological, and Health and Safety element. He highlighted geotechnical hazards; liquefaction; seismic and geological hazards maps; the Cupertino Quadrangle Preliminary report; photos of different sites; and risk reduction/mitigation measures. Al Morales made a PowerPoint presentation on the draft EIR. He highlighted topics which included land use; circulation; open space, parks and trails; visuaVaesthetics qualities; air quality; public services and utilities; wildlife and vegetation; noise; geology and seismicity; floods, drainage and water quality; population, housing and jobs; hazardous materials; historical and cultural resources; energy; mineral resources; and consistency with existing plans. Wordell continued with a PowerPoint presentation, which highlighted the topics of sustainability, circulation, and the proposed 1 % for Art program. At 7: 15 p.m. the public hearing was opened. Geoffrey Paulsen, Chair of the Bicycle Pedestrian Commission, supported re-inserting language regarding balancing a level of service with pedestrians and bicyclists. He said the commission is concerned about safety, and it is good for smart growth to encourage walkability by not emphasizing traffic flow only. Mike Bullock talked about cash out for car parks. He said he made a change to his charts in anticipation of the Chamber of Commerce concerns, and distributed copies of the charts to staff. 1- (') September 14, 2005 Cupertino City Council Page 3 Rusty Britt expressed concern about Council's approval of General Plan Amendments permitting urban developments. She suggested that the general standard for housing density be 15 housing units per net acre, and 30 units per net acre at Val1co Park Planning District; City voters in an election would approve any exceptions outside the limitations. Ned Britt talked about how housing density affects school population, and how the numbers discussed during the draft ErR presentation should be examined. Beverley Bryant, representing the Home Builders Association of Northern California, Southern Division, said that the California Home Builders all comply with Title 24, the California Energy Efficiency Standards, and are 30% more energy efficient than homes built in the rest of the country. She asked Council not to impose additional requirements because homes would become much more expensive, and encouraged incentives for future homeowners. Steven Scharf said that bike lanes are needed on Torre and Vista; the pedestrian signal at Stevens Creek and Torre should have a higher priority; Pacifica needs to be widened where the barrier gate used to be; and that traffic-calming measures are needed on Pacifica and Farallone. He requested that staff look into ways to make it safer for kids going to school. Council suggested that Mr. Scharf attend a Bicycle Pedestrian Commission meeting, or email the commissioners to share his suggestions. Roberta Hollimon encouraged Council to support the public art policy and the I % for art program. She also said that the school studies that have been done all say that standard density produces fewer students than low density. Marty Miller supported the changes to Policy 2-70 to remove the language regarding locating creek trails on opposite sides of the creek from residential development. He also encouraged the Council to remove the Regnart Creek trail from the General Plan due to safety issues. Mark Bums, representing the Silicon Valley Association of Realtors, encouraged higher density housing than 15 units per acre to provide more housing, especially around shopping areas. Deborah Hill said that Cupertino needs more housing, especially for low-income residents. Chris Draper, Government Affairs Coordinator for the Silicon Valley Association of Realtors, encouraged an incentive-based approach to green buildings rather than increasing the costs of housing production. He also noted that the Cupertino zoning code allows leniency for homes that install solar panels. Norm Hackford encouraged setbacks of 35 feet; 15 units per net acre of housing density and 30 units in Val1co; height limits of 35 feet and 45 feet in Val1co; and said that the General Plan shouldn't include reference to the streetscape plan without public input. /-I~ September 14,2005 Cupertino City Council Page 4 Tom Hugunin said that the General Plan should give more guidance regarding the placement of cellular towers. He suggested that the City could be a primary partner with the wireless carriers in placing aesthetic wireless installation on major thoroughfares like Stevens Creek and De Anza Blvd. Ciddy Wordell noted the next items for discussion on September 20, including an additional topic on hillside land use on Lindy Lane, development allocation, building heights, and cohesive commercial centers (economic development). She said that the goal is to have Council begin decision-making on October 4, and have final approval of the General Plan and the ErR on November I. Mayor Kwok reordered the agenda to take up item number 1 next. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), Mike Honda et al. v. Kimberly Smith et al., Superior Court Case Number 105CV047535. (No documentation in packet). Council recessed to a closed session from 7:53 p.m. and reconvened in open session at 8: II p.m. The City Attorney announced that no action had been taken. ADJOURNMENT At 8: 12 p.m. the meeting was adjourned Grace Schmidt, 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. [-/1