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CC 12-16-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, December 16, 2008 CLOSED SESSION At 3:00 p.m. Mayor Orrin Mahoney called the regular adjourned 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. 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 5~~957(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 - 6:45 p.m. Council Chambers At 6:45 p.m. Mayor Orrin Mahoney 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 Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS - PRESENTATICINS -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 1 • A letter and proposed contract from Marc Hynes regarding Item No. 15 • PowerPoint slides for Item Nos. 12 and 13 December 16, 2008 Cupertino City Council Page 2 ORAL COMMUNICATIONS Abraham Thompson invited Council and Cupertino residents to attend a classical Chinese dance show at the Flint Center on Jan. 13-15. Darrel Lum said that he had requested ared-line copy of the Heart of the City specific and conceptual plans from the Planning Department a~zd was told there would be a per page charge for those items. He asked for clarification regarding; requesting fees for copies. City Manager David Knapp noted that the City's Fee Schedule lists a .20 per page copy charge. CONSENT CALENDAR Sandoval/Wong moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 6 and 1 1 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the December 2 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for November 26 and December 5`h, Resolution Nos. 08-163 and 08-164. 4. Accept the City's year-end financial reports for 2008. 5. Adopt the amended City Investment Policy for 2008. 7. Adopt a resolution approving the 2008-09 Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 08-]]66. 8. Accept city projects performed under contract: Reconstruction of Curbs, Gutters 8z Sidewalks, Project No. 2008-02 (JJR Construction Inc.) The City's contractor JJR Construction hats completed work on the Reconstruction of Curbs, Gutters 8c Sidewalks Project. The v~ork included the repair of sidewalk, curb and gutter at approximately 220 locations and the installation of 84 ADA Ramps. 9. Adopt a resolution accepting a Grant of :Easement for Street light Purposes, Lutheran Church of Our Savior, Cupertino, California, a California Corporation, 10785 Carver Drive, APN 375-35-016, Resolution No. 08-167. The property owners agree to grant to the City an easement for public street light purposes, together with the right to construct, operate, repair and maintain any and all improvements over a portion of the propert:~. 10. Accept an application for an Alcoholic ESeverage License for German Bakery, 10123 North Wolfe Road, Suite 2121 (No. 41, On Sale Beer and Wine). 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. 08-165. Vice Mayor Wang noted that the hearing date was listed incorrectly on the agenda. The correct hearing date is Monday, January 12, 2009. Wang/along moved and seconded to adopt the resolution noting the correct hearing date. Council member Sandoval made a friendl~~ amendment to move the inspection deadline from March 1 to April 1. The friendly amendment was accepted. The motion carried unanimously. 11. Award the contract for the Community Hall 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 to award the contract. The motion carried unanimously. PUBLIC 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) Awarding $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 anti Urban Development (HUD) how the City intends to distribute its Community 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 Sharangpani MaheshNihalani Ram Gopal Anjali Dujari, Executive Director December 16, 2008 Cupertino City Council Page 4 The following individuals gave their experience of living in a Senior Housing Solutions home and asked Council to support the for :funding for Senior Housing Solutions: Lerma Nida P. Generoso Larry Gott Carolyn Leech Bob Campbell, Executive Director of Senior Housing Solutions, explained about that this would be the first home in Cupertino out of 9 in Santa Clara County. He said that the funding would help to subsidize the house and keep the rent at 30% of income. He answered questions from Council. At 7:55 p.m. Mayor Mahoney closed the public hearing. Sandoval/Wong moved and seconded to accept the Housing Commission recommendation that the Council loan $500,000 of additional CDBG funding to Maitri to complete the purchase of a four-plex for tr:~nsitional housing; make a $1,090,000 loan of Affordable Housing Funds to Senior Housing Solutions for the purchase of a single family home in Cupertino for congregate :senior housing; dissolve the Teacher Housing Assistance Program; and direct staff to amend the 2008 Annual Plan to reference the funding amendments. The motion carried Linanimously. RECESS Council recessed from 8:15 p.m. until 8:22 p.m. 13. 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). At 8:27 p.m. Mayor Mahoney opened the public hearing. Darrel Lum said that the existing Heart of the City plan works well and it seems like it is being re-written. He asked what the difference was between the specific plan and the conceptual plan and said that he favors the more restrictive one. He noted that new development in the plan should be more detailed. Ruby Elbogen said she wants to have on-street parking allowed on Stevens Creek in front of the Main Street project. Jennifer Griffin said that it's important to have a strong Heart of the City plan because it's what ties Cupertino together. She noted th;~t the look and feel should be the same on the Eastern end as the Western end of Cupertino and urged Council to keep the 35-foot public right of way on both ends. 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 at~out 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 contiriue this item to Jan. 20 and to see an overview of the current allocations in the General Plan. The motion carried unanimously. Council also noted that they only needed to see what was Exhibit B from this meeting and not the entire backup. UNFINISHED BUSINESS -None NEW BUSINESS 14. Consider Application Nos. U-2008-01, EA-2008-07, ASA-2008-06, TM-2008-01, TR- 2008-08, Kevin Dare / 500 Forbes, LLC (Mouth Vallco Main Street Project); North Side of Stevens Creek Boulevard between Finch Avenue 8t Tantau Avenue, APN Nos. 316- 20-078, 316-20-079, 316-20-085. (This is an introduction only to this application since the Planning Commission is still hearing it): a) Use Permit and Architectural and Site Approval 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; 145,003 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 ~of office and a 250-room hotel in place of the athletic club.) b) Tentative map to subdivide 3 parcels (approximately 18.7 acres) into 5 parcels for a master plan for amixed-use deve opment 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) c) Tree Removal request to remove ~ipproximately 93 trees in conjunction with a proposed master plan for amixed-u:~e development. December 16, 2008 Cupertino City Council Page 6 City Manager David Knapp noted that Council should refrain from making positions now since the Planning Commission hadn't yet taken a position. He suggested taking public input and accepting the report. Applicant Kevin Dare with Sandhill Property Company said that their project meets the general guidelines of the current Heart of the City plan. He asked Council to keep their project in mind while making changes to the plan to avoid holding up their project. Community Development Director Steve Piasecki explained that it is written into the project that the Heart of the City rules thar_ were in place when the project began would apply. At 1 O:1 O p.m. Mayor Mahoney opened the ;public hearing. Stephen Lim offered support for the Main Street project. He asked that some things be addressed: the senior housing should be independent rather than assisted because smaller units would not be conducive to the economic success of the center; make sure the public open space park doesn't change with any of the options; have a buffer between high density living and the commercial center. Emily Shieh said that she is concerned that the project only provides for 1.6 total acreage for open parkland space. Jennifer Chang said she supports the park l:~ecause it increases property value for the City. She also urged Council to keep the trucl: loading zone on Vallco Parkway as in the current project plan and to include quiet hours in the morning and evening. Ron Jou said he spoke on behalf of young families regarding quality of life and property values that would be affected by this development. He urged Council to protect the neighbors and keep the green space buffer. Jennifer Griffin said that this is a high visibility project for the residents in the Eastern end of the City and what goes in should be: high quality, a place where residents want to shop, and be something nice to look at. She encouraged Council to keep the ash trees surrounding the property at all costs and to have a construction plan to keep gravel off the roads and traffic at a minimum. Wang/Sandoval moved and seconded to continue the item to Jan. 12. The motion carried unanimously. 15. Consider appointing an interim Citv Attorn~~. Sandoval/Wong moved and seconded to appoint Marc Hynes as the interim City Attorney. The motion carried unanimously. 16. Consider amending the fee waiver for on;~oing events that strengthen cultural ties and awareness. December 16, 2008 Cupertino City Council Page 7 Fariba Nejat left written comments supporting the fee waiver because the lunches that take place in the Cupertino facility help to educate the Iranian-American community and create a bridge to their American community. 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 readinfa of Ordinance No. 08-2034: "An Ordinance of the City Council of the City of Cupertino Amending Table 1 1.24.160 of the Cupertino Municipal Code Relating to Prohibition of Parkins During Certain Hours: Greenleaf Drive". Wong/Sandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof with an amendment to the ordinance under Exceptions to add the words, "School Holidays and School Breaks" as well. Council directed staff to notify the interested parties regarding this amendment and to come back at the next meeting for a second reading. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. 18. Conduct the second 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 Stot> 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. 19. Conduct the second 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." 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 eruct Ordinance No. 08-2036. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. December 16, 2008 Cupertino City Council Page 8 STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:50 p.m. the meeting was adjourned in honor of Roger Peng who recently lost his battle with cancer. He was a Parks and Recreation Commissioner, Chair of the Hsinchu Sister City program, and a valued community member who will be missed. \/ ~ ld~C- 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 8t 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.ora and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.