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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 • eb 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.