06. Draft MinutesCUPERTIIdU
DRAt+'T MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, June 17, 2008
PLEDGE OF ALLEGIANCE
At 6:47 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent: none.
CLOSED SESSION -None
CEREMONIAL MATTERS -PRESENTATIONS
1. Proclamation in recognition of Cupertino Amateur Radio Emergency Services {CARES)
20~' anniversary. {No documentation in packet).
Mayor Sandoval presented the proclamation to Jim- Oberhofer and Vince LaPorta,
members of CARES.
Mayor Sandoval said that the Army had contacted her about its 233rd birthday as of June 14,
2008. She signed a proclamation honoring the event.
POSTPONEMENTS
^ The appellant for Item No. 17 withdrew the appeal after the public hearing had already
been advertised
Mahoney/Wong moved and seconded to table the item. The motion carried unanimously.
^ Item No. 20 continued to a tentative date of August 19
Mahoney/Wong moved and seconded to continue this item to a tentative date of August
19. The motion carried unanimously.
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WRITTEN COMMUNICATIONS
^ Item 28 - Emails from Janet Ciotek and Dave and Purdy Brown objecting to the removal
of permit parking on Shattuck Drive
• Item 1 SC -Amended staff report regarding reconstruction of curbs, gutters, and sidewalks
^ Item 21 -Amended staff report regarding the Oaks Shopping Center
ORAL COMMUNICATIONS
Harvey Checkman talked about Metro-Fi, the free wireless service in Cupertino, and said he
hated to see the service shut down. He urged any visionaries on the City Council or in the
community to look into continuing a wireless service in Cupertino.
Quan Dong talked about the upcoming Relay for Life to support cancer research. The relay will
take place at De Anza College on July 19 and 20.
Hang Yan said that the Chinese practice of Falun Gong is a wonderful body exercise that
emphasizes self-improvement, truthfulness, compassion, and forbearance. She explained that the
Chinese government and others are persecuting those who practice it.
Chung Lim said that the practice of Falun Gong emphasizes truthfulness, compassion, and
forbearance. She said that practitioners are not all Chinese; she is Korean.
Sali Schilte, co-leader for Cool Cities Cupertino, a Sierra Club nationwide project, talked about
global warming and climate change. She said that citizens are looking to their elected officials to
do something and that cities around the bay area are responding in order to increase sources of
renewable energy. She urged Council to approve the funds for the green coordinator position that
will be talked about in the budget tonight.
CONSENT CALENDAR
Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 5, 7, 15, and 16 which were pulled for discussion.
Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None.
2. Approve the minutes from the May 27 and June 2 City Council meetings.
3. Adopt resolutions accepting Accounts Payable for May 23, 30, and June 6, Resolution
Nos. 08-078 to 08-080.
4. Adopt resolutions accepting Pa oll for May 30 and June 13, Resolution Nos. 08-081 and
08-082.
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6. Adopt a resolution setting a hearing date of AuQUSt 5 to provide for lien assessments and
collection resulfing from abatement of a public nuisance (brush and weeds), resolution
No. 08-083.
8. Adopt a resolution approving records destruction from the Code Enforcement and City
Clerk departments, Resolution No. 08-084.
9. Adopt a resolution setting the date of August 5, 2008 to approve the annexation of area
designated "Baxter Avenue 08-01", property located on the west side of Baxter Avenue
between Answorth Dr. and Starling Dr., LAU {APN 326-11=012), YI[J {APN 326-
11014), Resolution No: 08-085.
The property owners of two residential parcels on Baxter Avenue have submitted a
request for annexation. The parcels are contiguous to the City of Cupertino and are
within its urban service area. This annexation is consistent with City and County urban
development policies.
10. Accept municipal improvements, Joseph Jen-Kun Yen, 21872 Hermosa Avenue, APN
357-16-051 {No documentation in packet).
The applicant has completed City-specified improvements in the City right-of way,
including curb and gutter, sidewalk, and storm drain work as required by the
improvement agreement with the City. -
11. Accept municipal improvements, Andy A. Tu, Lily L. Miao, Cai-Xing Xie, Andy Cheng,
10690 Merriman Road, APN 342-16-120 (No documentation in packet).
The applicant has completed City-specified improvements in the City right-of--way,
including curb and gutter, storm drain, and driveway work as required by the
improvement agreement with the City.
12. Accept municipal improvements, Murano Homes, Rainbow Drive and Poppy Wax,
APN{s) 3b6-19-048, 074, 075 (No documentation in packet).
The applicant has completed City-specified improvements in the City right-of-way,
including curb and gutter, storm drain, and grading work as required by the improvement
agreement with the City.
13. Accept a City project performed under contract for Pavement Restoration, Project No.
2007-04, G. Bortolotto and Company (No documentation in packet).
The City's Contractor G. Bortolotto and Company has satisfactorily completed work. on
the Pavement Restoration Project, Project No. 2007-04. The project is therefore eligible
for final acceptance and the retained portion of the progress payments eligible for release
to the contractor.
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14. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Jian Yang and
Hongyang Liu, Shuxing Song and Xiujun Guan, Steven S. Peng and Kathy L. Peng,
10585 San Leandro Avenue, APN 357-OS-012, Resolution No. 08-086.
The property owners of this residential development agree to grant to the City an
easement for public roadway purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
5. Accept the Treasurer's Bud eg t Report for May 2008.
Kathy Stakey thanked Council for its hard work on the budget and in listening to the
community regarding funding for the Monday Library hours.
Wong/Mahoney moved and seconded to approve the item. The motion ca.~-ried
unanimously.
7. Authorize the City Manager to negotiate and execute a confiact with Linda Rios for
delinquency prevention, early intervention, and diversion services to minors served by
Cupertino Union School District {CUSD) and the City.
Wong/Mahoney moved and seconded to take up this item during the budget discussion.
The motion carried unanimously.
Under the budget discussion Mahoney/Sandoval moved and seconded to execute the
contract with the understanding that the City Manager will negotiate with both school
districts regarding the disposition and overall funding of School Resource Officers. The
motion carried with Wong voting no. Wong said he voted no because he thinks that this is
a school prevention issue that the school district should be handling.
15. Items related to the City's Pavement Management and Reconshuction of Curbs, Gutters,
and Sidewalks Programs (a-f):
a. Review bids and award the contract for 2007-08 STP Pavement Overlay, Project
No. 2007-01, to O'Grady Paving, Inc, in the amount of $317,144.05, and approval
of a construction contingency of $32,855.95 to cover any unforeseen work
required to complete the project, for a total of $350,000.00
b. Review bids and award the contract for Pavement Restoration, Project No. 2008-
01, to Stevens Creek Quarry & Co., Inc. {SCQ}, in the amount of $140,500.00,
and approval of a construction contingency of $59,500.00 to cover any unforeseen
work required to complete the project, for a total of $200,000.00
c. Review bids and award the contract for Reconstruction of Curbs, Gutters, and
Sidewalks, Project No. 2008-02, to the low bidder for the amount bid, and
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approval of a construction contingency to cover any unforeseen work required to
complete the project. The award will be effective July 1, 2008
d. Review bids and award the contract for Local Streets Pavement Management_1_,
Project No. 2008-03, to O'Grady Paving, Inc, in the amount of $919,125.93, and
approval of a construction contingency of $91,874.07 to cover any unforeseen
work required to complete the project, for a total of $1,011,000.00. The award
will be effective July 1, 2008
e. Review bids and award the contract for Maior Streets Pavement Management,
Project No. 2008-04, to O'Grady Paving, Inc, in the amount of $718,799.31, and
approval of a construction contingency of $73,200.69 to cover any unforeseen
work required to complete the project, for a total of $792,000.00
f. Authorize the Director of Public Works to negotiate and execute an agreement
with Pavement Engineering,_Inc., for design, testing and inspection services for
2008 Pavement Management Program projects in the amount of $147,100.00,
with a contingency of $ 7,900.00 for additional services that may be required upon
approval of the Director of Public Works, for a total amount of $155,000.00
Mahoney/Sandoval moved and seconded to approve the item. Wong offered a friendly
amendment to approve the item contingent on adoption of the budget. The amendment
was accepted. The motion carried unanimously.
Under the budget discussion Mahoney/Sandoval moved and seconded to approve the item
with the updated numbers. The motion carried unanimously.
16. Set the date of August 5 at 5:00 for a study session to review the status of the Council
Work Program. (No documentation in packet}.
Wong/Santoro moved and seconded to set a study session for August 5 beginning at 5:00
p.m. The motion carried unanimously.
PUBLIC HEARINGS
17. Consider an appeal of a Planning Commission interpretation finding a car washing
facility consistent with the allowed uses of a Planned Development
Recreation/Entertainment Zoning District, Application No. INT-2007-01, Greg Malley,
20990 Homestead Rd., APN 326-09-060. The appellant is Bay 18, LLC c/o Michael J.
Cheng. (The appellant has withdrawn the appeal).
Under the "Postponements" section of the agenda, Mahoney/Wong moved and seconded
to table the item. The motion carried unanimously.
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18. Adopt a resolution approving the review and collection of the existing storm drain fees at
no increase in rates for Fiscal-Year 2008-2009, Resolution No. 08-087.
Wang/VVong moved and seconded to adopt Resolution No. 08-087. The motion carried
unanimously.
19. Adopt a resolution approving the vacation of a Public Utilities Easement 10337 Phil
Lane, APN 375-OS-027, Resolution:No. 08-088. (Continued from May 6).
Wang/Wong moved and seconded to adopt Resolution No. 08-087. The motion carried
unanimously.
20. Consider Application Nos. CP-2007-04 {EA-2008-42}, City of Cupertino, Citywide,
Heart of the City Specific Plan Update. {Continued to a tentative date of August 19).
Under the "Postponements" section of the agenda, Mahoney/Wong moved and seconded
to continue this item to a tentative date of August 19. The motion carried unanimously.
Mayor Sandoval reordered the agenda to take up item number 22 next.
22. Receive public comments, discuss, and adopt the 2008-09 budget:
a. Negative declaration
b. Adopt a resolution establishing an operating and capital budget for fiscal year
2008-09, Resolution Na. 08-089
c. Adopt a resolution establishing an a~~p~ ropriation limit for fiscal year 2(}08-09,
Resolution No. 08-090
Mayor Sandoval opened the public hearing at 7:37 p.m.
Jennifer Griffin urged Council to approve the purchase of the SterlingBarnhart Pazk and
consider acquiring land for the Lawrence Mitty (Lawrence Linear) Park. She urged
Council to not sell the Simms property at McClellan Ranch.
Deborah Jamison urged Council to excise any reference to selling the Simms property
from the budget before voting on it. She talked about rezoning both the Simms and
Stocklmeir properties to be sure they remain open park space. She noted that the
McClellan Ranch Master Plan contains several recommendations for use of the house and
land.
Mayor Sandoval closed the public hearing at 7:45 p.m.
In the budget discussions Council directed staff to do the following: {1) Have the Parks
and Recreation Commission look at the festival application process to understand the
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benefit to Cupertino residents of festivals that use Cupertino dollars, facilities, and assets,
and bring back a report before budget time next year; (2) Bring, information showing the
in-kind cost and hard cost to the City from festivals when staff brings a report from the
Parks and Recreation Commission; (3} Agendize a discussion of the Simms, Nelson, and
Stocklmeir houses regarding the long-term plan for their uses.
Mahoney/Wong moved and seconded to adopt a negative declaration and Resolution No.
08-090 establishing an appropriation limit for fiscal year 2008-09. The motion carried
unanimously.
Mahoney/Wang moved and seconded to approve the budget as presented with the
following modifications: {1) Add 130K for Monday Library hours; (2) Add SOK for
Community Development permit review; {3) Add 30K for Linda Vista pond renovation
study; (4) Add 30K for walk/bike to school incentive program;- (5} From current budget
remove 1 SK for Citywide paper calendar; (6) Remove 24K for professional liability
insurance for City Attorney; (7} Remove 130K from the Crossroads plan; (8) Remove
100K for steel shed.
Wong made a fxiendly amendment to also fund afull-time (not shared) green coordinator
position this year by deleting the 75K on-going revenue from Sunnyvale to pay for half of
a full-time coordinator position, 20K from the waste management 939 fund, 25K from the
savings in hiring the green coordinator later in the year, and 29K from the net savings
made from the above budget decisions. Wang seconded the amendment. Mahoney
accepted the friendly amendment. The motion to the amendment carried unanimously.
Council voted on the main motion, to adopt an operating and capital budget for fiscal year
2008-09 and adopt Resolution No. 08-089, as stated by Mahoney above including the
amendment by Wong. The motion carried with Santoro voting no.
Council discussed item number 7, regarding a contract with Linda Rios.
Mahoney/Sandoval moved and seconded to execute the contract with the understanding
that the City Manager will negotiate with both school districts regarding the disposition
and overall funding of School Resource Officers. The motion carried with Wong voting
no. Wong said he voted no because he thinks that this is a school prevention issue that the
school district should be handling.
Council discussed item number 15, regarding pavement management. Mahoney/Sandoval
moved and seconded to approve the item with the updated numbers. The motion carried
unanimously.
Council discussed the Sterling/Barnhart Park. Santoro/Wong moved and seconded to take
the money out of the budget for the Sterling/Bannhart Park.
Public Works Diurector Ralph Qualls noted that Council had previously approved the
design and the property is already in escrow. He said that construction would probably
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June 17, 2008 Cupertino City Council
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begin sometime in January 2009 for completion by summer. Santoro withdrew his
motion.
Council discussed the 7K in the budget for translations and directed the City Manager to
provide a policy.
Council recessed from 11:15 p.m. to 11:25 p.m.
21. Consider Application No.(s) U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09,
EXC-2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Shopping_Center), 21265
Stevens Creek Blvd., APN 326-27-035 (a-e):
a. Negative declaration
b. Use permit and architectural & site approval to demolish a theater and 2,430
square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story
56,194 square foot mixed use retail/office/convention center building over an
underground parking podium and site improvements in two phases at an existing
shopping center
c. Tentative map to subdivide an 8.I net acre parcel into two parcels of 3.0 and 5.1
acres in size, with one pazcel to be further subdivided into four commercial
condominium units and a common area lot
d. Exception to the Heart of the City Specif c Plan to reduce one side-yard setback to
15 feet for a proposed 4-story, 122-room hotel and a 3-story, 56,194 square foot
mixed use retaiUoffice/convention center building
e. Tree removal request to remove and replace approximately 47 trees that are part
of an approved landscape plan for an existing shopping center
The applicants Peter Pau and Karen Ngo talked about the project and answered questions
from Council.
Mayor Sandoval opened the public hearing at 12:51 a.m. on Wed, June 18.
Lloyd McIntyre said he has concerns about the loss of trees and adding too much parking
structure and concrete.
Ruby Elbogen said she was concerned about not having been noticed in her part of town
{So. Vallco area) and asked to have the project continued for more extensive noticing.
She also said the project was too dense and she didn't like the underground parking.
Jennifer Griffin urged Council to keep the oak trees at the shopping center. She said she
was concerned about the breakup of the shopping center into different ownership areas
and wanted to reduce the size of both the hotel and convention center.
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Darrel Lum said that he was disappointed that the convention center is separate from the
hotel and being built in a different phase, is concerned that the design is too vague at this
stage, and that the project doesn't pass the Heart of the City requirements. He urged
Council to support the Planning Commission's conditions of approval.
Dick Weaver said he sent an email noting that an Environmental Impact Report (EIR)
was required for this project and gave three examples to show this. He noted that the
State has requirements for noticing projects and that didn't happen in this case.
Deborah Jamison said that the project needs neighborhood meetings and better visuals to
see what it would look like from different angles to protect the hillside view. She said she
thought the project was too big and too dense, and encouraged screening with a double
row of trees.
Katherine Winget said that a 4-story building is too much for ,the area and that the
surrounding buildings are already short of parking.
Mayor Sandoval summarized the comments from those speaker cards in which the
speaker couldn't stay, noting their dislike of the project' and the tree removal.
Mayor Sandoval closed the public hearing at 1:10 a.m. on Wed, June 18.
Mahoney made a motion to continue the item with the applicant's concurrence. The
applicant responded that the project was started last year and he would like a yes or no
answer from Council tonight.
Council noted the issues that needed discussing before the project could he approved.
Their comments included: more public input needed; want the project to be built in one
phase; more Landscaping; no loss of parking on Mary Ave.; replace any trees removed;
underground parking an issue; build visuals; project too big and creates visual impact on
neighbors; don't mind losing parking on Mary Ave. if landscaping and screening is okay;
staff can handle tree removal and replacement issue; sustainability important; agree to
LEED silver; computer simulation of what would look like on site; want more hotel
design for articulation like faux balconies and/or windows; bring back comparisons with
other shopping centers.
The applicant responded that subdivision is necessary, that it would kill the project to
reduce the height and size of the hotel, and he wouldn't be able to build the project if it
were done in one phase. He commented that the whole project is a fully developed plan
even though it would be done in two phases. He noted that he does not want to have to go
back through the Planning Commission process if Council approves the project.
Mahoney/Wong moved and seconded to continue the item to August 5 and to put a notice .
in the Courier for two consecutive weeks. The motion carried unanimously.
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UNFINISHED BUSINESS -None
NEW BUSINESS
23. Appoint two members to the Zero-Waste ad hoc committee. (No documentation in
packet).
Santoro/Wang moved and seconded to appoint Council members Mahoney and Wong to
the Zero-Waste ad hoc committee. The motion carried unanimously.
24. Appoint one member to the Peninsula Division of the League of California Cities to
attend Division dinners and events, per the League president Dan Furtado.
Council members noted that they usually attend the dinner meetings already. No action
was taken.
2S. Authorize the City Manager to execute a contract with an executive search firm for the
City Attorneyposition.
Mahoney/Wong moved and seconded to authorize the City Manager to execute the
contract and set a special meeting for August 5 at 10:00 a.m. to meet with the firm. The
motion carried unanimously.
26. Receive a briefing on the Housing Element Update process and select a Council Member
to attend the Stakeholder meetings.
Wong/Mahoney moved to receive the report and appoint Council members Wang and
Santoro to attend the Stakeholder meetings. The motion carried unanimously.
27. Approve the schematic design for the uinlan Community Center fountain site.
Mahoney/Wong moved and seconded to continue the item to August 19 and directed staff
to provide to Council the report previously done by the Parks and Recreation Department.
The motion carried unanimously.
ORDINANCES
28. Conduct the second reading of Ordinance No. 08-2028: "An Ordinance of the City
Council of the City of Cupertino Amending Cupertino Municipal Code to remove
Shattuck Drive from Chapter 11.27, Permit Parking Zone, Section 11.27.145, Designation
of Preferential Parking Zones."
Mahoney/Wvng moved and seconded to continue the item to August 19 for the 2nd
reading and directed staff to send a notice to interested residents. The motion carried
unanimously.
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STAFF REPORTS -None
COUNCIL REPORTS -None
ADJOURNMENT
At 2:50 a.m. on Wednesday, June 18 the meeting was adjourned to Tuesday, August 5 at 5:00 for
a study session regarding the status of the Council Work Program, Cupertino Community Hall,
10350 Torre Avenue.
A special meeting will be held on August 5 beginning at 10:00 a.m. to meet with Bob Murray &
Associates regarding the City Attorney position, Cupertino City Hall Conference Room. A,
10300 Torre Avenue.
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 CounciU 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 Online.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2354.
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