Exhibit CC 02-01-2011 No. 3 Draft Minutes, January 4 Regular Meeting *0b40 c c/ d -1 - 1 # 3
January 4, 2011 Cupertino City Council Page 6
RECESS — Prior to the Council recess. City Manager David Knap du d Terry Calderone,
Cupertino's former Police Chief who had recently retired, and als ' tr he city's new
Police Chief Carl Neusel. Captain Neusel said that it was an honor to be sel cte or e position
and expressed his commitment to providing the highest level of law enforce i p 'no.
The Council was in recess from 9:40 to 9:53 p.m.
10. Subject: Appeal of the Director's decision a_lowing a parking pad to be located at le
located at 967 Miller Avenue di
Description: Application: DIR- 2010 -30; Appellant: Erwin Wolf; Applicant: Linda Shen- 1 '
Jung (GLSAA, LLC); Location: 965 -967 Miller Avenue; APN: 369 -19 -052; Application
Summary: Appeal of a Director's Minor Modification decision to allow paving in the front
yard of an existing duplex for the purpose of a parking stall at 965 -967 Miller Avenue
Senior Planner Colin Jung reviewed the staff report.
Speakers representing the appellant, Erwin Wolf, were Michael and Cheryl Wolf. Michael
Wolf expressed safety concerns for elderly tenants because visibility could be an issue if
additional parking were added. He stated that there has been ample parking for 30 years. He
also suggested that the property appearance could be compromised and impact marketability.
Cheryl Wolf said there could be safety issues for emergency vehicles responding to an
emergency with a vehicle extended to the sicewalk. The appellants said there was room for
two or three cars on the street and that things are o.k. the way they are.
The applicants Gordon Jung and Linda Shen -Jung said they submitted the application based
on a request of their tenants (a husband, wife, and their son) who were having difficulty
finding parking in their neighborhood. Mr. Jung said that everyone has passed a driver's test
and exercises caution by stopping at the sidewalk before going into the street. He did not see
a driving safety issue and requested that the application be approved.
The public hearing was closed at 10:25 p.m.
Action: Mahoney moved and Wang seconded to deny the appeal of the Director's decision
with the following conditions. The motion carried unanimously.
• The parking area shall be revised to incorporate the 41" pedestrian path immediately
north, increasing the parking pad depth from 17 feet to approximately 20 feet 21 feet;
• The corner of the existing planting area immediately north of the proposed parking
pad shall be rounded -off to further enhance the vehicle movement
• No parked cars shall extend over any portion of the sidewalk, except as may be
necessary to enter or leave the property.
11. Subject: Application for modification of an existing mixed -use development (M- 2010 -08)
located at 19501 -19507 Stevens Creek Boulevard (Metropolitan)
Recommended Action: Consider a Modifi ration (M- 2010 -08) to the Use Permit for the
Metropolitan mixed -use development
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January 4, 2011 Cupertino City Council Page 8
The Council members took a straw vote to determine which of them would require the City
Attorney's recommended conditions to be included if this application were approved.
Council members Mahoney, Wang, and Santoro voted in favor of including the
recommended conditions. Chang and Wong did not specify their intentions.
Ms. Vaughan stated for the record that since the City of Cupertino would require the
applicants to indemnify them, they would respectfully withdraw the application.
12. Subject: Planned Development Ordinance
Recommended Action: Conduct the first reading of Ordinance No. 11 -2073
Description: Application: MCA - 2010 -06; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Municipal Code Amendment to Chapter 19.48 (Planned
Development) to be consistent with the 2010 Housing Element; "An Ordinance of the City
Council of the City of Cupertino amending Chapter 19.48 (Planned Development) of the
Cupertino Municipal Code to be consistent with the 2010 Housing Element"
Action: The City Clerk read the title of the ordinance. Mahoney moved and Chang
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes:
None.
UNFINISHED BUSINESS - None
RECESS — Council was in recess from 11:18 p.m. to 11:25 p.m.
NEW BUSINESS
13. Subject: Council assignments for local and regional organizations and agencies
Recommended Action: Select assignments
Action: Mahoney moved and Santoro seconded to assign the committees as proposed by
Mayor Wong, with the exception that on the Santa Clara Valley Transportation Authority,
Council member Chang would be the primary representative and Council member Mahoney
would be the alternate. The motion carried 3 -2, with Kris Wang and Barry Chang voting no.
Council member Chang said he felt that all positions should be rotated, and he wanted to
serve as the primary representative on the Sister City Committee and others. Council
member Wang had earlier spoken of her desire to serve on the Library Sister Citv
Commission.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.