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CC 10-05-10 / CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, October 5, 2010 PLEDGE OF ALLEGIANCE At 6:53 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Mayor Wang began the Council meeting with a moment of silence in memory of Robert Hook, a fifteen -year employee with the city who recently passed away while on the job. ROLL CALL Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney and Mark Santoro. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS Mayor Wang re- ordered the agenda as follows: 2. Subject: Brief summary of Teen Commission's WOW (Walk One Week) program. Recommended Action: Receive summary report Discussion: Representatives from the Cupertino Teen Commission reported that 1,200 students from Cupertino elementary and middle schools participated in the event. It was promoted through videos on the City Channel, posters, banners and press coverage in the local papers, and the program had sponsorships, prizes, and a point system. For the November 2010 event they hoped to get 3,000 Cupertino Union School District students to participate and expand to include Santa Clara County schools. The Teen Commissioners thanked the Council for their support and asked for continued support such as introductions to the Council members' contacts at school districts and local businesses. The City Council members suggested the Commission consider expanding the event to include Cupertino high schools, and to focus on the West Valley cities for expansion. Action: Council received the report and no action was taken. October 5, 2010 Cupertino City Council Page 2 1. Subject: Celebrate California Arts Day, October 1, 2010. Recommended Action: Present proclamation Action: Mayor Wang read the proclamation, and the City Clerk said she would deliver it to the Fine Arts Commission since their representative was unable to attend the meeting this evening. POSTPONEMENTS - none WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • PowerPoint slides regarding Walk One Week (WOW) for students (item No. 2) • Hold Harmless Agreement for 10161 Phar Lap Drive (item No. 7) • Written statement about the Metropolitan Mixed -Use project from Darryl Lum (item No. 9) • Staff's PowerPoint slides regarding Metropolitan project (item No. 9) • Email from Rhoda Fry with suggestions about moving forward on the Scenic Circle process (item No. 11) ORAL COMMUNICATIONS Dale Pollek stated his support of the Monta Vista High School sports field and lighting project and presented a petition of support signed by 150 residents. He said the project would provide a safe and accessible environment which could be used by all the high schools and the community. On another subject, he noted that the crossing guards, especially at Bubb and McClellan, were providing a safer environment for both students and adults. Steve Elich noted that the Friends of the Stevens Creek trail were putting forth several proposals. One of these was a trail along the Barranca/Belleville corridor, but the neighbors in the Homestead Villas subdivision were against this proposal. He said that Mary Avenue Bridge should be the focus and a redundant trail was not a good idea. The proposal was a safety issue as their neighborhood had no sidewalks, no place for bicycles, and this trail would have a negative impact on their quality of life. He said they would submit a written petition at a later date. Darcy Paul, representing the Cupertino Chamber of Commerce, reminded Council of the upcoming Diwali Festival on October 9 and urged everyone to attend. He also noted that the Coffee Society's lease renewal was coming up soon and the Chamber supported the renewal of that lease. October 5, 2010 Cupertino City Council Page 3 CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 6 and 7 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Subject: Accounts Payable for period ending September 17, 2010 Recommended Action: Adopt Resolution No. 10 -184 4. Subject: Accounts Payable for period ending September 24, 2010 Recommended Action: Adopt Resolution No.10 -185 5. Subject: Payroll for period ending September 17, 2010 Recommended Action: Adopt Resolution No. 10 -186 8. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10216 Pasadena Avenue Recommended Action: Adopt Resolution No. 10 -189 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Subject: Parcel Map, 10056 Orange Avenue Recommended Action: Adopt Resolution No. 10 -187 Discussion: Assistant Public Works Director Glen Goepfert explained that this mixed use project was approved in 2007, the Planning Commission approved a tentative map to subdivide the mixed -use building into two commercial office units and one residential unit in 2009. The construction of this project was now complete and the parcel map should be approved because it was in conformance with the approved tentative map, and it was needed to define the condominium area. The City Attorney confirmed that parcel maps could be approved at the staff level by the City Engineer. Council members noted that no information had been included in the meeting packet on this issue and needed time to inspect the property before making a decision. Action: Mahoney moved and Wong seconded to continue this item to the first meeting in November. The motion carried unanimously. 7. Subject: Hold Harmless Agreement, 10161 Phar Lap Drive. Recommended Action: Adopt Resolution No. 10 -188 Description: Assistant Public Works Director Glen Goepfert reviewed the recommended Hold Harmless Agreement language that was distributed at the beginning of the meeting. This language clarified that the agreement ran with the land. It was also noted that the city retained ownership of the land. He said that the owners had agreed to this condition. Action: Mahoney moved to accept the revised wording for item No. 7 as recommended by staff. Wong seconded, and the motion carried unanimously. RECESS The Council was in recess from 8:10 p.m. until 8:25 p.m. October 5, 2010 Cupertino City Council Page 4 PUBLIC HEARINGS 9. Subject: Modification of an existing mixed -use development located at 19501 -19507 Stevens Creek Boulevard (Metropolitan). Recommended Action: Consider a Modification to the Use Permit, Exception to the Heart of the City Specific Plan, and a Tentative Map for the Metropolitan mixed -use development. Description: Applications: M- 2010 -03, EXC- 2010 -03, TM- 2010 -03 (EA- 2010 -04) Applicant: Jane Vaughan (Cupertino Housing Partners, LLC) Location: 19501, 19503, 19505, 19507 Stevens Creek Blvd (Metropolitan), APN: 316 -49- 009, 500 ft noticing radius. Application Summaries: Use Permit Modification (U- 2003 -04) to allow general commercial uses at an existing mixed -use project (Metropolitan) located at 19501 -19507 Stevens Creek Boulevard;_Exception to the Heart of the City Specific Plan to allow non - commercial uses to exceed 25% of the total building frontage along Stevens Creek Boulevard; Tentative Map to subdivide an existing ground floor commercial space into five commercial condominiums (Metropolitan). Discussion: Senior Planner Aki Honda stated that in the mixed use development was approved in 2003, and modifications were approved to convert the 107 residential units into condos in 2004. Currently there two existing retail condominium units on the site; commercial space in Building A is fully occupied and two of the three commercial spaces are vacant in Building B. In 2010 the Planning Commission recommended allowing up to a maximum of 60% of non - retail commercial uses in the 6,400 square foot commercial space and limiting the non - retail uses to Building B, and recommended denial of the tentative map to subdivide the commercial space into five commercial condominium units based on enforcement issues, maintenance issues, precluding the possibility of future retail uses and the inability to enforce the CC &Rs. Staff expressed their concerns about the parking issue and did not recommend going above 40 %. Jane Vaughan, representing the developer, stated that they were reducing their request to allow retail with medical use in two units in Building B. This was a reduction from the 60% approved by the Planning Commission to down to 40 %. She noted that when their project was originally approved they were expecting overflow from nearby development projects but those did not take place, so there is no synergy with neighboring retail or pedestrian traffic. She asked Council to acknowledge that the Department of Real Estate had approved five retail condominiums at this site, and noted that there had never been any discussion during the permit process or condominium map approval about limiting the retail condominiums to two. She said that the city should have stated the limitation at that time, not after the fact. Ms. Vaughan noted that when this project first came up, staff had given direction, per the Heart of the City and the General Plan, that housing and retail along Stevens Creek Boulevard would be preferred over office. She further commented on the parking issue and noted that maintenance would be taken care of under the CC &Rs. City Attorney Carol Korade stated that five retail condominium units had not been originally approved by the City Council and the recordation of such by the developer was incorrect. October 5, 2010 Cupertino City Council Page 5 Dave Fan stated that he represented the dentist who hoped to locate his business in Building B. He was a local small business and believed this location would provide good exposure for his practice. Jennifer Griffin stated that the Stevens Creek Boulevard was an important retail corridor in the city and anything related to this location required careful thought. The landscaping along the Boulevard was important and on- street parking was not a good idea. Steve Scharf commented that when the condominiums were approved, part of the approval was for retail. He did not believe that a dentist's office would increase foot traffic for the currently occupied retail stores, and felt that the Heart of the City plan should not be modified. Councilmember Santoro noted that this area was not particularly enticing to shoppers but modifications such as awnings, tree trimming. and signage there could be an improvement. He said that businesses such as dental offices tended to stay in a location for a long time which would preclude future retail opportunities. Councilmember Chang stated that this retail project had been in place for four years and was a failure. He supported taking steps to help the developer obtain a more successful retail area. Councilmember Mahoney agreed that this was not the best mixed use project. He concurred with Council members Santoro and Wong in not supporting the tentative map request and agreeing to no more than 40% of non - retail commercial use in Building B. Mayor Wang noted that retail vacancy was a sign of the overall economy. If Council continually allowed exceptions to the Heart of the City requirements, it would it would turn out to be a futile effort. In her opinion this request did not just involve this small project but would be precedent- setting if approved. Vice -Mayor Wong stated that this was a small 6,400 square foot area and the Heart of the City plan did allow for an exception policy. He supported this local small business owner who wanted to move in and be a part of the community. Actions: Wong moved to approve the negative declaration (EA- 2010 -04). Mahoney seconded and the motion carried unanimously. Wong moved to approve a modification to the use permit (M- 2010 -03), and an exception to the Heart of the City Plan (EXC- 2010 -03), with the following conditions: 1. That the applicant may have 40% of the total as non - retail, restricted to Building B; 2. If the non - retail is going to be a medical office use, the applicant and City staff will work together to determine the correct parking count for surface level parking and underground parking. Mahoney seconded for purposes of discussion. The motion carried 3 -2 with Santoro and Wang voting no. October 5, 2010 Cupertino City Council Page 6 Wong moved and Mahoney seconded to deny the tentative map (TM- 2010 -03), and direct the applicant to work with staff to reconcile the Department of Real Estate (DRE) paperwork with the original approval, which gave them two condos. The motion carried 4 -1 with Wang voting no. RECESS The Council was in recess from 9:53 p.m. to 10:08 p.m. PUBLIC HEARINGS (continued) 10. Subject: Update on the Green Building Ordinance. Recommended Action: Receive update. Description: Application: MCA - 2010 -04 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance. Discussion: Community Development Director Aarti Shrivastava noted that in January, 2010 the City Council had authorized staff to proceed with developing a draft Green Building Ordinance, using the Phase II recommendations of the Santa Clara County Cities Association's Board of Directors as a basis. Since then a city -wide notice was mailed, two focus group meetings had taken place and an educational workshop had been conducted by the Planning Commission. Staff was now reviewing all the participants' comments and suggestions with the consultant and a draft ordinance was schedule to be presented to the Planning Commission on October 12. The ordinance was tentatively scheduled for Council review at a December meeting. Jennifer Griffin stated that she was glad the city was working on this ordinance as she believed it was important for the future of the city. She did however encourage the Council to not allow increased density and to protect the zoning while encouraging green building in the city. Action: No action was required. UNFINISHED BUSINESS - None NEW BUSINESS 11. Subject: Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park - Progress report Recommended Action: Adopt the mitigations for Scenic Circle access developed by Scenic Circle neighbors. Discussion: Parks and Recreation Director Mark Linder stated that staff had met with the Scenic Circle neighbors to address their concerns about this project and the following consensus had been reached: The existing gate would be removed; the new gate would be located between two houses on the northeast side of Scenic Circle, and would be locked when the park was closed; and a three- tiered parking approach was chosen. A Tier 1 sign would be posted on Scenic Boulevard at the neighborhood entry stating `no park parking October 5, 2010 Cupertino City Council Page 7 beyond this point' and parking would continue to be provided at Monta Vista High School during the Blackberry Farm pool and picnic season. If Tier 2 became necessary, it would include the installation of permanent `residential zone — no park parking signs' throughout the neighborhood and portable `no park event parking' signs would be placed in the neighborhood on days of expected high use at the park. If Tier 3 became necessary, it would include consideration of a Residential Permit Parking program with a waiver of the standard fee for implementing the program. He said that litter, trash and recycling receptacles would be inside the park at locations not visible to tli e neighbors, and the city would provide daily litter pick -up. He also noted that the environmental clearance documents were now being prepared and would be available for a thirty-day review period. Award of the construction contract was expected to take place in early 2011 with completion of the new pathway and access by next summer. Ari Strod stated that he was a Scenic Circle homeowner and said he spoke for the majority of the neighbors who did not want a gate. He said that was the original decision, the trail from McClellan was available, and the parking by the gate would have a negative impact on their neighborhood. Carol Stanek stated her support of staff's recommendations. She noted this discussion had been going on for some time and the community was looking forward to a resolution of the issue. She looked forward to the completion of the new pathway and access by next summer and to its availability for the next school year. Action: Mahoney moved that Council adopt the Scenic Circle Access mitigations developed by the Scenic Circle neighbors, with the exception that Council review the morning hours in conjunction with school hours, so that the park's normal hours could be modified to work well with school hours. Chang seconded. The motion carried unanimously. 12. Subject: Report of vacancies on commissions and committees with terms expiring January, 2011. Recommended Action: Select application and deadline date of Wednesday, January 12 and set interview dates on Monday and Tuesday, January 24 and 25, 2011. Discussion: City Clerk Kimberly Smith noted that there were vacancies on Bicycle /Pedestrian, Fine Arts, Housing, Library, Parks & Recreation, Planning and Technology, Information & Communications commissions and committees. Interested individuals could download an application on the web site or call City Hall at 777 -3200. Action: Council agreed with the recommended dates and directed that the Planning Commission interviews be conducted on Monday, January 24. They also encouraged the commissions and committees to select chairmen and vice - Chairmen in February instead of January, to facilitate a smoother transition. 13. Subject: Determine date to select new mayor and vice mayor. Recommended Action: Schedule for December 7. Description: No documentation in packet Action: Council agreed with the December 7 date. 14. Subject: Changes to the City Council meeting schedule through January 2011 October 5, 2010 Cupertino City Council Page 8 Recommended Action: Cancel the January 4 meeting Discussion: Action: Council agreed to not change the current meeting schedule, but would consider canceling the December 21 and /or January 4 meeting one meeting in advance if the agenda was light. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. These events included the Fall Festival, the Diwali Festival of Lights, the arrival of the Toyokawa Sister City delegates, and the current `Learn to Play' exhibit at the Euphrat Gallery. ADJOURNMENT At 10:55 p.m., the meeting was adjourned in honor of City employee Robert Hook. Kimberly Smith ity Clerk Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.