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01. Draft minutesCUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, January 12, 2009 CALL TO ORDER At 5:30 p.m. Mayor Orrin Mahoney called the meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section S~E957{b) (1) regarding the City Attorney. (No documentation in packet). Mayor Orrin Mahoney reported that the City Council met in closed session and no action was taken. PLEDGE OF ALLEGIANCE At 7:30 p.m. Mayor Orrin Mahoney called the meeting back to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lea3 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 -PRESENTATIONS 2. Proclamation to the American Red Cross for National Blood Donor Month. (No documentation in packet). Mayor Mahoney presented the proclamation to Mona Helmhold, Account Manager for the American Red Cross. POSTPONEMENTS -None 1-1 January 12, 2009 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS • Letter from David Gold of Apple regarding Item No. 14 -Main St. Project • Draft Council model resolution for Item No. 14--Main St. Project • Email from Bill Pope supporting Item No. 16 -Wellness Program • Email from Cupertino Employees' Association (CEA) President Susan Winslow supporting Item No. 16 -Wellness Program • Updated committee assignment list for Item No. 17 ORAL COMMUNICATIONS Virginia Tamblyn said that the noise coming from the yogurt shop at the Marketplace Shopping Center is unbearable, especially at night even though it is within the required decibel limit. She urged Council to consider constant noise when they consider building anything in the City. She asked Council to help solve the problem by adding buffering. Suzi Blackman, CEO for the Cupertino Chamber of Commerce, noted some upcoming events, including a Lunar New Year celebration at the Dynasty Restaurant in connection with the Asian American Business Council; two Bridge Awards to be given out to family therapist Ann Stevenson and the Quota Club of Cupertino; the upcoming State of the City address by Mayor Mahoney, hosted by the Chamber of Commerce, Cupertino Rotary, and the City; and the Chamber of Commerce Star Awards to be held on March 14 at the Cypress Hotel. She added that details about nominations for Citizen of the Year and Large and Small Business of the Year can be found on the Chamber of Commerce website at www.cupertino-chamber.or~ or by calling 408-252-7054. Danny Chow suggested designating the lower level of Cupertino Square mall as an innovation center and commercial destination. He suggested a variety of stores including a computer store, video game store, technological toy store, electric car/bike store, solar/green/biotech commercial product store, electronic store, and book store. He also said that technologically. related trade shows on the weekend might also be a draw for people coming to the mall. CONSENT CALENDAR Sandoval/Wong moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5 and 6 which were pulled for discussion. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. 3. Approve the minutes from the December 16 City Council meeting. 4. Adopt resolutions accepting Accounts Pa able for December 12, 19, and 31 Resolution Nos. 09-001 through 09-003. 7. Accept an application for an Alcoholic Beverage License for Tomokazu Japanese Cuisine, 20625 Alves Dr., On-Sale Beer & Wine -Eating Place (41). ~-2 January 12, 2009 Cupertino City Council Page 3 8. Adopt a resolution approving a Parcel Map, Saeed F. Ghazvini, 10075 Pasadena Avenue, APN 357-17-112, Resolution No. 09-006. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. 9. Adopt a resolution approving a Parcel MaX~, Kong-Yeu Han and Sue-Jane Han and Huei- Hwang Hung and Tracy Hsu, 21871 Dolores Avenue, APN 357-14-02b, Resolution No. 09-007. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. 10. Adopt a resolution accepting a Quitclaim IJ~eed and Authorization for Underground Water Rights, Nancy Hong and Dereck X. Loi, 10160 Stern Avenue, APN 375-12-006, Resolution No. 09-008. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 11, Accept Cit~proiects performed under contract: Local Streets Pavement Management 2, Project No. 2008-OS (G. Bortolotto & Company, Inc.). The City's contractor G. Bortolotto & Cornpany, Inc. has completed work on the Local Streets Pavement Management 2 Project. The work consisted of roadway surface improvements uicluding placement of asphalt overlays, cape seals and slurry seals. ITEMS REMOVED FROM THE CONSENT C.'ALENDAR (above) 5. Adopt resolutions accepting Payroll for De~~ember 12 and 26, Resolution Nos. 09-004 and 09-005. Wang/Sandoval moved and seconded to adopt Resolution Nos. 09-004 and 09-005 with an amendment to No. 09-005 to change the year to 2009. The motion carried unanimously. 6. Accept the Treasurer's investment Report f'or November 2008. Wang/Sandoval moved and seconded to accept the report noting an amendment to page 6-1 to change the year to 2009. The motion carried unanimously. Council consented to take up Item No. 15 under N~sw Business next. 1-3 January 12, 2009 Cupertino City Council Page 4 NEW BUSINESS 15. Consider accepting a painting of President-Elect Barack Obama from Fariba Nejat, on behalf of the Iranian Federated Women's Club and Payvand Cultural School. Fariba Nejat spoke about the painting. A video showing the making of the painting was viewed. Shahnaz Parvaneh said she supported the proposal for the City to accept the painting. Sandoval moved and Mahoney seconded to accept the painting and direct staff to mail the painting to President-Elect Obama as a gift of congratulations on behalf of the citizens of Cupertino. Wang made a friendly amendment to have the Council recognize the Iranian Federated Women's Club for doing the artwork and help forward the artwork, but to send it under the club's name. Sandoval did not accept the friendly amendment. Wang moved and Santoro seconded to amend the original motion to say that the City would forward the painting to the White House on behalf of the Iranian Federated Women's Club and Payvand Cultural School. The motion failed with Sandoval, Santoro, and Wong voting no, and Mahoney and Wang voting yes. Sandoval called for an immediate vote on the original motion; the call failed with Mahoney, Santoro, Wong, and Wang voting no, and Sandoval voting yes. The Council discussion continued. Wang moved and Santoro seconded an amendment to accept the painting and forward it to the White House on behalf of the Iranian Federated Women's Club and not on behalf of the citizens of Cupertino. The motion carried with Malioney, Santoro, and Wang voting yes and Sandoval and Wong voting no. Council member Wong said that he would be voting no on the motion because he preferred the original wording which stated the gift was from the citizens of Cupertino. He said he meant no disrespect to the Iranian Federated Women's Club, and he thought it was a wonderful gesture for the club to send the painting in collaboration with the City, but he was not comfortable with the wording as amended. Council member Sandoval said she would have preferred the painting be sent to the White House with a letter from the City embracing the Iranian community. Council member Santoro said that, given the nature of the painting, it felt like Council would be making a political statement and he felt uncomfortable with that, and so he would be voting no. However, if the painting were to be sent by the City, it should be on behalf of the citizens. 1-4 January 12, 2009 Cupertino City Council Page 5 The final motion as amended was to accept the painting of Barrack Obama and forward it to the White House on behalf of the Iranian Federated Women's Club. The motion failed with Sandoval, Santoro, and Wong voting no, and Mahoney and Wang voting yes. No further action was taken. Council concurred to bring this item back at the next Council meeting with a draft letter unless the club chose to send the painting oii its own. Item No. 12 was taken up next. PUBLIC HEARINGS 12. Consider approving bingo permit renewal. for the Senior Center Coordinating Council and St. Joseph's Church. Mayor Mahoney opened the public hearing at 8:45 p.m. There. were no speakers, and the public hearing was closed. SandovaUWong moved and seconded to approve the requests for bingo permit renewals. The motion carried unanimously. UNFINISHED BUSINESS -None NEW BUSINESS -continued 13. Order the abatement of a public nuisance weeds pursuant to provisions of Ordinance No. 724 and Resolution No. 08-165, Resolution No. 09-009. Since no protests were made, Sandoval/Wong moved and seconded to adopt Resolution No. 09-009. The motion carried unanimously. Council recessed from 8:34 p.m. to 8:42 p.m. 14. Consider Application Nos. U-2008-01, E.E.-2008-07, ASA-2008-06, TM-200$-O1, TR- 2008-08, Kevin Dare / 500 Forbes, LLC (~~outh Vallco Main Street Project); North Side of Stevens Creek Boulevard between Finch Avenue & Tantau Avenue, APN Nos. 316-20- 078, 316-20-079, 316-20-085: (Continued from December 16): a) Negative declaration b) Use Permit and Architectural and Site Approval for a master plan for amixed-use development consisting of appr~~ximately: 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; 145,00~~ square feet of athletic club; a four level parking garage and a 1.6 acre park/~town square. (A project alternative consists of approximately 205,000 square feet ~~f office and a 250-room hotel in place of the athletic club) 1-5 January 12, 2009 Cupertino City Council Page 6 c) Tentative map to subdivide 3 parcels (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 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) d) Tree Removal request to remove approximately 93 trees in conjunction with a proposed master plan for amixed-use development Seniar Planner Aki Snelling reviewed the staff report. The applicant Kevin Dare highlighted several issues including office square footage, the park -next to Metropolitan, the turnaround bulb near the park, LEED certification (Leadership in Energy and Environmental Design), Below Market Rate (BMR}, and building sequence {phasing}. He asked Council to not require a General Plan Amendment as part of the office allocation and asked that the condition of approval regarding LEED be changed to say that if the applicant does not qualify for the multiple buildings and on-campus building project, they will specifically obtain LEED certification for the hotel and office. Project Architect Ken Rodrigues talked about the Square European Parking Plaza and the green screens on the parking garage. Gary Laymon -with Guzzardo Partnership talked about supplementing the existing ash trees with new ash trees. Stephen Lin said that once the park space is given away it would be hard to get it back and he urged Council to maintain the acre of park space. Suzi Blackman, CEO Cupertino Chamber of Commerce, said that the proposed project is well-planned and much needed. She said that the availability of office square footage must be addressed and that adequate office space footage is critical. Emily Shieh clarified that shrinking or eliminating the park next to Metropolitan was a Planning Commission comment and not what the public wants. She said that all projects have to provide adequate park space or pay fees and she urged Council to keep the one- acrepark square footage. Jennifer Chang from Metropolitan Homeowners said that they want the one-acre park in order to create a buffer zone. She noted that the parkland would also bring business to the retailers, more sales tax to the City, and increase property values in the long run. Al DiFrancesco said he supports the plan, as did Ruby Elbogen, who had to leave. He said he had concerns about less-than-35-foot setback on one wing of the hotel and 1-6 January 12, 2009 Cupertino City Council Page 7 supports maximum parking, S-story hotel, smaller park, active senior housing, European style plaza, larger hotel, moving ahead with office square footage allocation, and not subdividing until there are plan for the parcels. Ms. Snelling clarified that the applicant had changed the plan so that the entire hotel has a 35-foot setback. She also noted that Sand Hill Properties would own and maintain the park and that the City would have a Joint Ilse Agreement to use the park. She also noted that at the Planning Commission hearing some non-Metropolitan residents had suggested reducing the park space. Angeline Lim urged Council to keep the orie-acre park. She also had concerns about the addition of a driveway off Stevens Creek Boulevard which reduces the park and walkable blocks, and decreases pedestrian safety. Jennifer Griffin commended Sand Hill Properties for its public outreach and said she supports the project including the 35-foot setback along Stevens Creek and not removing the ash trees until they are replaced. Darrel Lum distributed his comments in uniting. He said that he supports the Planning Commission recommendation on alternative options; a 3 or S-story terraced hotel along Stevens Creek; a covenant for age-restricted senior housing; a minimum 20-foot landscape buffer between the project and Metropolitan; Planning Commission approval to allow 100,000 square feet; removing requirement for a General Plan Amendment {GPA) and that Sand Hill shouldn't be required to pay for one; phased construction; aesthetic enhancements to the corner building; and €;ateway feature. He said the parking structure is too massive, but the landscaping is okay, and the park area along Metropolitan could be large. He said the Heart of City guidelines and South Vallco Master Plan should be adhered to, he liked the creek trail improvements, and was okay with the Planning Commission recommendation regarding LEED guidelines. Robin Su said he is in favor of the project except that he would like the park to be bigger. Tom Hugunin said that he likes the Europe,~n Plaza concept, supports a housing covenant for senior housing, urged Council to give Sand Hill the office allocation and not save it for Apple, and he liked the park and the gateway feature on Stevens Creek. Assistant Public Works Director Glenn Goepfert answered questions from Council about how street lane reductions on Vallco Parkway would affect the flow of traffic and crosswalk enhancements on Stevens Creek. Council came to consensus on the followin;; items: Corner of Stevens Creek Blvd. an~i N. Tantau Ave: Support the athletic center (Scheme A} or retail commercial (E~lternate Option). No support for the 205,000 square foot office complex (Scheme B) Square European Parking Plaza; Support as proposed by the applicant i-~ January 12, 2009 Cupertino City Council Page 8 • Hotel size: Support for the larger five-story, 250 room hotel with more amenities • Park size: Support for the revised smaller park size • Senior housing interface with Metropolitan: Acceptable as proposed • Senior housing: Support the building size as proposed and require a covenant for the senior housing to ensure that the building remains as age-restricted housing for seniors. • Below Market Rate Housing: No support to allow in-lieu fees to satisfy the Below Market Rate Housing requirements. • Eco passes: Require applicant/developer to provide Valley Transit Authority (VTA) Eco-passes for one year for the senior residents of the project • Green Building/LEED Certification: Support the applicant's proposed condition that more clearly outlines the Planning Commission's recommendation • Parking garage size: Support as recommended by the applicant and Planning Commission • Office: Support 100,000 square feet of office The Council also reached consensus to bring back the following items to the January 20th meeting for additional discussion: • Project phasing • Vallco Parkway/Finch Retail Options, including whether to expand retail along Vallco Parkway • Parking garage conversion to future retail • General Plan allocations • Senior housing Below Market Rate housing • Elevations and architectural details • Vallco Parkway lane narrowing/parking • Senior housing details, including size of units • Amenities for the hotel, such as a banquet hall or conference center • Possible expansion of the park • Details of the green building measures Sandoval/Wong moved and seconded to continue the item to Jan. 20. The motion carried with Santoro voting no: 16. Consider implementing Phase Q of the City Wellness Program. Wang/Wong moved and seconded to continue this item to Jan. 20. Wong second. The motion carried with Sandoval voting no. 17. Select Council assignments for local and regional, organizations and agencies. (No documentation in packet). Council finalized the assignments for local and regional organizations and agencies. ~-s January 12, 2009 Cupertino City Council Page 9 ORDINANCES 18. Conduct the second 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". Sandoval moved and Wong seconded to re~id 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 Wang seconded to enact Ordinance No. 08-2034. Ayes: Mahoney, Wang, Sandoval, Santoro, and Wong. Noes: None. STAFF REPORTS COUNCIL REPORTS ADJOURNMENT At 1:03 a.m. on Tues., Jan. 13, the meeting was adjourned with a moment of silence in memory of Lauralee Sorensen, former mayor and commwuty member, to Tuesday, January 20 at 5:00 p.m. for a closed session regarding the City Attorney. Grace Schmidt, Deputy 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 & Minutes/City CounciV Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Onlzne. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. ~-s