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02.Draft minutesC V P E RT I N O DRAFT MIINUTES CUPERTINO CTI'Y COUNCIL Regular Meeting Tuesday, December 2, 2008 PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Dolly Sandoval called the re€;ulaz meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lead the Pledge of Allegiance. ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mazk Santoro, Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS Mayor Sandoval asked that this meeting be adjourned in memory of Carl Brown, along-time Cupertino resident and Director of the High Tech Center at De Anna College. She noted that Mr. Brown was instrumental in bringing high tech to students of limited physical activity, and he was married to Martha Kanter, Chancellor of De Anna. Community College. Mr. Brown's contributions to the community were many and he will be sorely missed. 1. Proclamation to Yama~ami's Nursery for their 60th anniversary. (No documentation in packet). Continued from Nov. 18. Mayor Sandoval presented the proclamation to Preston Oka coiizmending Yamagami's on their 60~' anniversary and thanking them for their years of service and participation in the community. Mr. Oka thanked the Council and stated that they enjoyed being a part of the Cupertino community. Mayor Sandoval reordered the agenda to take up item No. 16 next. 16. Adopt a resolution recognizing City Attorney Charles Kilian's years of service to the City of Cupertino, Resolution No. 08-162. Mayor Sandoval commended Mr. Kilian for his 38 years of service to the community as City Attorney. Wang/Santoro moved and seconded to adopt Resolution No. 08-162. The motion carried unanimously. 2-1 December 2, 2008 Cupertino City Council Page 2 Mayor Sandoval also acknowledged that tonight was Council member Gilbert Wong's birthday. POSTPONEMENTS City Clerk Kimberly Smith noted that item No. 13 is still under review by the Planning Commission, and asked that the City Council hearing be continued to January 20, 2009. The Clerk said that the Mr. Obilisetty, the appellant in item No. 15, was dealing with a death in the family; and he asked for a continuance to February 17, 2009. Wang/Santoro moved and seconded to continue these items as requested. The motion carried unanimously. ELECTION OF MAYOR AND VICE-MAYOR 2. Council members elect Mai or. (No documentation in packet). Wong/Wang moved and seconded to elect Orrin Mahoney to the position of Mayor. The motion carried unanimously. 3. Council members elect Vice-Mayor. (No documentation in packet). Mahoney/Sandoval moved and seconded to elect Kris Wang to the position of Vice- Mayor. The motion carried unanimously. OATHS OF OFFICE 4. City Clerk gives Oath of Office to new Council officers. (No documentation in packet). City Clerk Kimberly Smith gave the Oath of Office to Mayor Orrin Mahoney and Vice- Mayor Kris Wang. COMMENTS BY NEW MAYOR Mayor Mahoney stated that it was an honor to serve as Cupertino's Mayor and he thanked his fellow Council members for their support. He also thanked his family, especially his wife, for their support. He said he was looking forward to a challenging and interesting yeaz. Mayor Mahoney presented Dolly Sandoval with a gavel plaque in recognition of her service as Mayor, as well as a personal gift, which was a gift certificate to REI. City Manager David Knapp presented Dolly Sandoval with an engraved clock. 2-z December 2, 2008 Cupertino City Council Page 3 COMMENTS BY COUNCIL MEMBERS ANl) PUBLIC Vice-Mayor Wang and Council members Santoro and Wong each congratulated Mayor Mahoney on his appointment as Mayor. They also thanked Councilmember Sandoval for her service to the community as Mayor. Councilmember Sandoval thanked tike residents of Cupertino, her colleagues and the staff. She noted that the residents really cared about the City and it had been a pleasure working with alt during this past term a:. Mayor. Councilmember Sandoval particularly acknowledged the leadership of the City Manager and the excellent staff for their assistance. The following thanked Councilmember Sandoval for her leadership and service to the community as Mayor and congratulated Mayor Mahoney and Vice-Mayor Wang on their recent appointments: Michael Gottwald, Evan Low -representing newly-elected Assembly member Paul Fong, Suzie Blackman -CEO of the Cupertino Chamber of Commerce, Steven Ting - President of the Cupertino Rotary Club and Ram (copal -Cupertino Bakery. RECEPTION At 7:28 p.m. Mayor Mahoney invited the public to attend a brief reception in the lobby. The meeting reconvened at 7:48 p.m. WRITTEN COMMUNICATIONS -None ORAL COMMUNICATIONS -None CONSENT CALENDAR Sandoval/Santoro moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. Abstain: None. 5. Approve the minutes from the November 1.8 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for November 7 (continued from Nov. 18), November 14, and November 21, Resoluti~~n Nos. 08-150, 08-157, and 08-158. 7. Adopt resolutions accepting Payroll for 2ovember 14 and 26, Resolution Nos. 08-159 and 08-160. 8. Accept the Treasurer's Investment Report -for October 2008. 9. Accept an application for an Alcoholic Be;veraee License for Hofbrau Express, 10123 N. Wolfe Rd., Suite 7 (No. 41 - On Sale Beer and Wine). 2-3 December 2, 2008 Cupertino City Council Page 4 10. Accept municipal improvements, Emilio J. Francisco 8z Fatima M. Francisco, 10130 Santa Clara Avenue. APN 326-14-104. The applicant has completed City-specified improvements in the City right-of--way, including grading, sidewalk, curb and gutter work as required by the improvement agreement with the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None PUBLIC HEARINGS 1 1. Consider adopting a resolution vacatine a Pubiic Utilities Easement, Yong Jian Wang and Zuhong Qu, 21988 McClellan Road, APN 356-08-054, Resolution No. 08-161. Sandoval/Wong moved and seconded to adopt Resolution No. 08-161. The motion carried unanimously. 12. Consider Application No. SPA-2008-01; Heart of the City; Stevens Creek Boulevard between Highway 85 and the Eastern city limit. Heart of the City Specific plan amendments to achieve conformance with the General Plan. (Continued from October 21). Senior Planner Aki Honda Snelling reviewed the staff report. Council asked staff for clarification of several issues relating to boundazy changes, the connection between the General Plan and the Heart of the City, development numbers, and dates when certain changes were made. Jennifer Griffin noted that the Heat of the City was first developed in the 1990s. She said she believed the protection of the Stevens Creek Boulevard Corridor was very important to the community and a strong Heart of the City plan was needed. She said that this pian should not allow street pazking, not allow the creation of vertical canyons, and allow for the double row of trees. Tom Hugunin commented that the original plan called for minimal modifications. He said that the documents now before Council were very confusing and he supported a minimal modification plan. Keith Murphy said he believed that 340 pages of changes were too much and confusing for the public to follow. He said he did not support a specific to conceptual plan and noted that in the 1990s the people wanted a specific plan but not 340 pages worth. Council discussed the issue and agreed to begin the process by going through all of the Planning Commission recommendations at this meeting and noting the ones which needed further discussion. This matter would then be continued to the next meeting for further discussion. 2-a December 2, 2008 Cupertino City Council Page 5 Wong/Wang moved and seconded to continue this item to the next meeting. Staff will provide Exhibit B, with the items that were highlighted for further discussion inserted into that document (as well as provided in a matrix). Any other input from Council members can be provided to the CommLUZity Development Director by the end of the week for inclusion in the document for further discussion. Items continued for incorporation into the Heart of the City Plan, Exhibit B, were as follows: • planning Commission recommendations on Page 9 and 10 • Planning Commission recommend~itions on Page 11, items 12, 13, 14, and 15 Planning Commission recommendations on Page 12, 21, 25, 26, 27, and 31 RECESS The meeting recessed from 9:30 to 9:35 p.m. 13. Consider Application Nos. U-2008-02, EA.-2008-08, ASA-2008-07, TR-2008-09; Rajeev Chopra (Ebrahim Kaabipour), 10165 Nortlh De Anza Boulevard, APN: 326-34-057, for a hotel, restaurant, bar, lounge, and conference rooms. (Continue to Jan. 20). a. Mitigated negative declaration b. Use Permit to demolish an existing gasoline station/car wash and construct a 5- story, 138-room hotel of approximately 82,000 square feet that includes a restaurant, bar, lounge, and conference rooms built over atwo-level underground parking podium that contains tandem parking c. Architectural and Site Approval for a proposed 5-story, 138-room hotel of approximately 82,000 square feet that includes a restaurant, bar, lounge, and conference rooms built over a two-level underground parking podium that contains tandem parking d. Tree Removal request to remove- 6 trees and replace with a comprehensive landscape plan Under "Postponements" this item was continued to January 20, 2009. UNFINISHED BUSINESS -None NEW BUSINESS 14. Accept report on the hiring of an Envirorunental Affairs Coordinator as directed in the Fiscal Year 2008-09 adopted budget. 2-5 December 2, 2008 Cupertino City Council Page 6 Public and Environmental Affairs Director Rick Kitson reviewed the staff report. Sandoval/Wang moved and seconded to accept the report and direct staff to proceed with filling the new position. Santoro made a friendly amendment to make an offer to staff s recommended candidate .and if that candidate did not accept the offer, no other offers would be made until January after a budget review. Sandoval did not accept the friendly amendment, but it was seconded by Wong. The amendment carried with Sandoval voting no. Councilmember Sandoval stated that she voted no because she thought this was micro-managing staff and the appointment of this position was very important to the community. Council then voted on the amended motion, which was to accept the report with the clause that staff shall make an offer only to the current candidate, and if that candidate did not accept the offer, no other offers would be made until after a budget review in January. The motion carried unanimously. 15. Appeal from Mr. Sridar Obilesetty regarding undergrounding utilities, 10171 Lebanon Drive APN 342-14-008. Under "Postponements" this item was continued to February 17, 2009. 17. Parking ordinances: a. Conduct the first reading of Ordinance No. 08-2034: "An Ordinance of the City Council of the City of Cupertino Amending Table 11.24.160 of the Cupertino Municipal Code Relating to Prohibition of Parking During Certain Hours; Greenleaf Drive". b. Conduct the first reading of Ordinance No. 08-2035: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Vehicular Stop Required at Certain Intersections; Ann Arbor Avenue at Greenleaf Drive". c. Conduct the first readine of Ordinance No. 08-2036: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.030 of the Cupertino Municipal Code Relating to All Directional Vehicular Stop Required at Certain Intersections; Calvert Drive at Tilson Avenue." Assistant Public Works Director Glenn Goepfert reviewed the staff report. Jeff Schulken and Jennifer Griffin both stated their support or these parking ordinances. They stated that Calvert had a confusing figuration with a blind curve on one side and noted that this ordinance would be helpful in dealing with the traffic and safety issues. 2-s December 2, 2008 Cupertino City Council Page 7 The City Clerlc read the title of the ordinazices. SandovaUSantoro moved and seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. ORDINANCES 18. Conduct the second reading of Ordinance No. 08-2033: "An Ordinance of the City of Cupertino amending section 2.18.040 relating to the City Attorney." The City Clerk read the title of the ordinance. Sandoval/Wong moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. Sandoval moved and Wong seconded to enact Ordinance No. 2033. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and vazious community events. ADJOURNMENT At 10:40 p.m. the meeting was adjourned in memory of Carl Brown, High Tech Center Director at De Anza College. A memorial celebration was scheduled for 2:00 p.m. on Thursday, December 4 at Flint Center. The meeting was adjourned to Friday, December 5, at 1:45 p.m. for a closed session regarding the City Attorney position,. City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. 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 Agendas 8c Minutes/City Council Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.orQ and click on View Meetings Online. Videotapes are available at the Cupertino Library,. or may be purchased from the Cupertino City Channel, 777-2364. z-~