03. Draft MinutesCUPERTINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjow-ned Meeting
Tuesday, December 16, 2008
CLOSED SESSION
At 3:00 p.m. Mayor Orrin Mahoney called the regTular adjourned meeting to order in Conference
Room A of City Hall, 10300 Torre Avenue, Cuper.~tino, California.
Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval,
Mark Santoro, and Gilbert Wong. Absent: none.
1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public
Employee -Government Code Section 54957(b) (1) regarding the City Attornev. (No
documentation in packet).
Mayor Orrin Mahoney reported that the City Council met in closed session and no action
was taken.
PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chambers
At 6:45 p.m. Mayor Orrin Mahoney called the reFn.tlar meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval,
Mark Santoro, and Gilbert Wong. Absent: none.
CEREMONIAL MATTERS - PRESENTAThDNS -None
POSTPONEMENTS -None
WRITTEN COMMUNICATIONS
The Deputy City Clerk distributed the following items:
• Approved Resolution No. 07-039 regarding responsible contracting for Item No. 1 I
• A letter and proposed contract from Marc ]FIynes regarding Item No. 15
• PowerPoint slides for Item Nos. 12 and 13
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December 16, 2008 Cupertino City Council Page 3
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
6. Declare weeds on certain properties a nuisance and set a hearing date of Monday,
November 12, 2009 Resolution No. 08-16:5.
Vice Mayor Wang noted that the hearing date was listed incorrectly on the agenda. The
correct hearing date is Monday, January ice!, 2009.
Wang/Wong moved and seconded to adopt the resolution noting the correct hearing date.
Council member Sandoval made a friendF,y amendment to move the inspection deadline
from March 1 to April 1. The friendly :umendment was accepted. The motion carried
unanimously.
11. Award the contract for the Communit~lall Fountain Retrofit Proiect to Pacific Water
Art, Inc. in the amount of 190,000.00 with a construction contingency in the amount of
$30,000.00,
Wang/Santoro moved and seconded t~~ awazd the contract. The motion carried
unanimously.
PITBLIC HEARINGS
12. Consider adopting a resolution regarding Community Development Block Grant (CDBG)
funding, Resolution No. 08-168.
a) Awarding $500,000 of additional CDBG funding to Maitri to complete purchase
of a Cupertino four-plex for transitional housing.
b) Awazding $1,090,000 in Affordable Housing Funds to Senior Housing Solutions
for the purchase of single family home for congregate senior housing.
c) Amending the City of Cupertino's Fiscal Year 2008-09 Annual Plan detailing to
the U.S. Department of Housing anal Urban Development (HUD) how the City
intends to distribute its Coiiiznunit}~ Development Block Grant (CDBG) funding.
d) Dissolve the Teacher Housing Assistance Program and reallocate the funds to
Senior Housing Solutions.
At 7:33 p.m. Mayor Mahoney opened the public hearing.
The following individuals offered their support for funding for Maitri:
Mukta Shazangpani
MaheshNihalani
Ram Gopal
Anjali Dujazi, Executive Director
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December 16, 2008 Cupertino City Council Page 5
Tom Hugunin said that he supports making minor modifications to the existing plan and
doesn't support the conceptual plan because it affords the City less protection than the
current plan. He listed a number of items that he supports and does not support.
Keith Murphy said that he is concerned about a conceptual plan vs. a specific plan. He
said he likes the furniture feature and is .against on-street parking anywhere on Stevens
Creek Blvd.
Council went through Exhibit B and made some minor typographical changes and noted
items for staff to look into for next time.
Wong/Wang moved and seconded to contiinue this item to Jan. 20 and to see an overview
of the current allocations in the General Plan. The motion carried unan;mously. Council
also noted that they only needed to see what was Exhibit B from this meeting and not the
entire backup.
UNFINI5HED BUSINESS -None
NEW BUSINESS
14. Consider Application Nos. U-2008-01, E'.A-2008-07, ASA-2008-06, TM-2008-01, TR-
2008-08, Kevin Dare / 500 Forbes, LLC ("South Vallco Main Street Project); North Side
of Stevens Creek Boulevard between Finch Avenue 8a Tantau Avenue, APN Nos. 316-
20-078, 316-20-079, 316-20-085. (This i:: an introduction only to this application since
the Plannine Commission is still hearing it):
a) Use Permit and Architectural and :iite Approval for a master plan for amixed-use
development consisting of approximately- 147,000 square feet of retail
commercial; 100,000 squaze feet o:f office; a 150 room hotel a 160 unit senior (age
restricted housing facility; 145,000 square feet of athletic club; a four level
pazking garage and a 1.6 acre park/town square. (A project alternative consists of
approximately 205,000 square feet of office and a 250-room hotel in place of the
athletic club.)
b) Tentative map to subdivide 3 pazceas {approximately 18.7 acres) into 5 parcels for
a master plan for amixed-use development consisting ,of approximately: 147,000
square feet of retail commercial, 100,000 square feet of office, a 150 room hotel, a
160 unit senior (age restricted) housing, facility, 145,000 square foot athletic club,
a four level parking garage and a 1.6 acre pazkltown square. (A project alternative
consists of approximately 205,000 square feet of office and a 250 room hotel in
place of the athletic club)
c) Tree Removal request to remove approximately 93 trees in conjunction with a
proposed master plan for amixed-rise development.
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December 16, 2008 Cupertino City Council Page 7
Fariba Nejat left written comments supporting the fee waiver because the Iunches that
take place in the Cupertino facility help to educate the Iranian-American community and
create a bridge to their American comtnun;ity.
Ruby Elbogen left written comments that this is a good idea but only if every Cupertino
organization is allowed to participate.
Council took no action.
ORDINANCES
17. Conduct the second readine 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 Parkins During Certain Hours; Greenleaf Drive".
Wong/Sandoval moved and seconded to r<:ad the ordinance by title only and that the City
Clerk's reading would constitute the fir:;t reading thereof with an amendment to the
ordinance under Exceptions to add the w~~rds, "School Holidays and School Breaks" as
well. Council directed staff to notify theviterested parties regarding this amendment and
to come back at the next meeting for tt second reading. Ayes: Mahoney, Sandoval,
Santoro, Wang, and Wong_ Noes: None.
18. Conduct the second readine 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".
Wong/Sandoval 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, Sandoval,
Santoro, Wang, and Wong. Noes: None.
Wong/Sandoval moved and seconded to enact Ordinance No. 08-2035. Ayes: Mahoney,
Sandoval, Santoro, Wang, and Wong. Noes: None.
T9. Conduct the second reading 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."
Wong/Sandoval 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, Sandoval,
Santoro, Wang, and Wong. Noes: None.
Wong/Sandoval moved and seconded to enact Ordinance No. 08-2036. Ayes: Mahoney,
Sandoval, Santoro, Wang, and Wong. Noe:>: None.
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