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CC 10-18-06 CITY OF CUPEIUINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, October 18, 2006 CALL TO ORDER At 5:34 p.m. Mayor Richard Lowenthal called the meeting to order at the TGI Friday's parking lot near Valko Shopping Center, 10343 N. Wolfe Rd., Cupertino. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. FIELD TRIP TO V ALLCO 1. The City Council and members of the public congregated at the TGI Friday's parking lot, then walked to the west side of the Macy's structure, and up the ramps to the top deck of the parking garage. Dan Orloff, representing Vallco client services, introduced Vallco General Manager Mike Rohde and project engineer Scott Anderson. Orloff and Anderson discussed the points of the proposal noting where there would be no parking; planting of 20 mature trees along the neighboring wall; a green screen that would be constructed from top to bottom of the structure; a 4 foot wall constructed to avoid headlights into the neighborhood; 8 light poles at 16 feet and 20 feet, which would not be visible from the neighborhood - shaded lighting deflected downwards would be reduced by 25% after 11 :00 p.m. and an additional 20% after 1 :00 a.m.; and the parking garage would be closed after 9:00 on the upper levels to new traffic. RECESS The meeting was in recess from 6: 15 - 6:45 p.m. Council reconvened in the Council Chamber at City Hall, 10350 Torre Avenue, Cupertino, California and showed the video from the Macy's parking garage beginning at 6:45 p.m. At 7:30 p.m. Mayor Lowenthal led the Pledge of Allegiance. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. October 18,2006 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS - There were two handouts for item no. 2: the Environmental Review Committee recommendation and copies of a children's book titled, If You Give a Mouse a Cookie. from Lisa Warren. PUBLIC HEARINGS 2. Consider Application Nos. ASA-2006-19, M-2006-05 (EA-2006-17), Mike Rohde (Valko Fashion Park), 10123 N. Wolfe Road, APN: 316-20-037: a) Mitigated Negative Declaration b) Architectural and Site Approval, and a ,Modification to a Use Permit (U-2005-19) for the parking structure north of Macy's to exceed the permitted 32-foot height limit and to allow parking on the fourth level Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint presentation. Dan Orloff, representing Vallco client services, reviewed the application. At 8:27 p.m. Mayor Lowenthal opened the public hearing. The following individuals spoke: Howard Trudeau said that Council had earlier agreed to a height of 32 feet. He noted that at the neighborhood meeting, Mr. Rohde said that Vallco went ahead with the design and building of the 4th level because they needed the parking structure by the holiday season. He asked Council to express its intent on what will be allowed in the future. Patty Chi showed quoted remarks made by Council members from past Council meetings regarding the Vallco development. Pam Hershey asked if the Planning Commission had allowed the 4th level to be built. Council members clarified that if the 4th level was not approved at tonight's Council meeting, then no parking would be allowed on that level. Al DiFrancesco said that the developer built the 4th level without approval and urged Council to not approve it. He said that to approve it would send a message to developers that they will get whatever they want, and it tells voters not to bother participating in local government. Ruby Elbogen said that she wondered how a project could be built without the knowledge of the building inspectors. She said that her neighborhood doesn't feel respected by Vallco. She urged Council to tear down the 4th floor or use it as a skatepark. October 18, 2006 Cupertino City Council Page 3 Sue Chang complained about the noise, views, and smell from the construction project, and that construction is taking place as late as midnight. Nelson D'Souza said that he is able see the parking structure from his house. He said he hoped that trees would be added to the west. He urged Council on the following: allow the 4th level but make Vallco get a use permit to use it; only open the 4th level for special events with heavy restrictions; turn off the lights when not in use; to allow no future construction higher than 4 levels; avoid use of the structure until the trees are planted and the green screen is constructed. Jennifer Griffin said she was unhappy to see the public having to come back for this item. She said that she expected Council to keep the building height at 32 feet as voted for in January, and that Valko shouldn't be rewarded for doing something they weren't supposed to do. Steve Scharf read excerpts from the January 2006 Council meeting. He said that he hoped Council would not approve the extra parking. Lisa Warren referred to a copy of a children's book she distributed earlier that evening, which illustrated that if someone keeps getting what he or she wants, then he or she will keep asking for more. She said that Vallco built something that wasn't approved and is now asking for permission after the fact. Christine Giusiana, Chamber of Commerce, said the Chamber supports Vallco because they are one of the best businesses in Cupertino supporting the general fund. She noted that shopping should be encouraged at Vallco and that there should be enough places for shoppers to park. Mayor Lowenthal closed the public hearing. During Council discussion, Anna Jucawa informed Council that during Christmastime, the stores at the Stanford and Santana Row shopping malls tell their employees that they must park on the top level even if the other levels are empty, or they will be ticketed. She said she. was concerned that the same thing might be true at Vallco and wanted to pass along the information to Council regarding this practice. Mahoney/K wok moved and seconded. to approve the negative declaration. The motion carried unanimously. Mahoney/Kwok moved and seconded to approve the application as staff recommended with the following conditions: . The applicant shall design additional barricades or walls on the ramp leading to the 4th level (after the 32-foot height limit) that will channel cars away from westerly edge of the garage to the satisfaction of the . Director of Community Development. Said wall/barricade shall ensure October 18, 2006 Cupertino City Council Page 4 some visibility for security and block headlights from any vehicles that are directed toward the residential neighborhood. · A solid parapet wall shall be required along the westerly edge of the access ramp leading up to the fourth level ending at the 32-foot height limit. After the 32-foot limit, there shall only be cable railings/poles to help minimize visual impacts on the neighbors to the west. · The 4th parking level shall not be open until the theaters are open and when the average occupancy levels exceeds 70% at all three lower levels (1 to 3). The occupancy level shall be measured at the maximum peak hour over a period of pre-determined range of time/days. The detailed parking monitoring program shall be reviewed and approved by the Director of Community Development. · Up to 40 additional trees shall be planted strategically along the existing sound wall and along the west side of the parking garage to further enhance the visual screening. The applicant shall work with staff to identify the planting areas and the trees shall be planted prior to the open of the garage to the satisfaction of the Director of Community Development. · A green screen shall be located on the west and partial north and south elevations and shall be installed prior to the opening of the garage. · Sound baffle panels shall be constructed on the west and partial north and south elevations. The sound baffling panels shall completely infill each of the garage bay opening and any gaps or openings shall be sealed. Said panels shall be installed prior to the opening of the 4th parking level. · A solid parapet sound wall shall be provided on the 4th parking level along the northerly edge, if Measure D passes in the November 2006 election. Said wall shall be installed prior to opening of the 4th parking level. · The project shall be reviewed by the City Council after one year from the date of the garage opening. The Council reserves the right to evaluate the operational impacts and determine if any additional appropriate operational limits and conditions are warranted. · The applicant shall provide the City with a $20,000 newspaper ad deposit prior to the opening of the garage. The City will utilize the money to inform Cupertino residents of the progress and the development of the Vallco Shopping Center over a period of one year utilizing at least a quarter-page ad in multi-language Cupertino newspapers on a quarterly basis. October 18, 2006 Cupertino City Council Page 5 . There shall be no light standards on the 4th parking level that exceeds 16 feet in height as measured from the ground; the applicant shall submit a lighting control plan indicating early shut-off schedules for the roof level lights; the applicant shall provide a report from a professional lighting expert confirming that the intensity and number of lights on the 4th level are minimized and reduced to the maximum extent possible. Wang offered an amendment to add a condition regarding Council expressing its intent to not approve any further expansion of the parking facilities west of Macy's for a period of five years. Kwok seconded for purposes of discussion. The motion failed with Lowenthal, Kwok, Mahoney, and Sandoval voting no, and Wang voting yes. The original motion carried unanimously. NEW BUSINESS 3. Consider opposition to Proposition 90, Government Acquisition, Regulation of Private Property. Councilmember Orrin Mahoney reviewed the item and asked for Council support to oppose the proposition as a Legislative Action Committee recommendation. Mahoney/Sandoval moved and seconded to oppose the proposition and gave direction to staff to inform Chris Mckenzie, Executive Director of the League of California Cities, of the Council's action. The motion carried unanimously. 4. Receive a report on commissions and committees with terms expiring January 31, 2007, and select an application deadline date of January 10 and interview dates of January 22 and 23,2007. (Continued from October 17). Deputy City Clerk Grace Schmidt reviewed the staff report. Council concurred to set the deadlines as recommended by staff. The application deadline is 5:30 p.m. on Wednesday, January 10,2007:. Council will conduct interviews beginning at 6:00 p.m. on Monday and Tuesday, January 22 and 23. October 18, 2006 Cupertino City Council Page 6 STAFF REPORTS 5. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Continued from October 17. Administrative Services Director Carol Atwood said that the financial results for fiscal year ending June 30, 2006 were much better than projected. She noted a $5.1 million profit primarily due to sales tax revenue of about $2 million dollars over projected budget, (Apple and HP), and a $3 million savings in the City's operational accounts. She said the actual savings would amount to about $3.8 million once carryover and outstanding encumbrances are finalized. She noted that the unallocated fund balance at year-end came from this savings. As for fiscal year 06/07, sales tax is on the rise and property tax is estimated to increase at 80/0 this next year in addition to TEA revenues. She said that a major budget adjustment would come to Council the first meeting in November to reflect the revenue increases, as well as some expenditures not funded with the initial budget. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:50 p.m. the meeting was adjourned. The next regular City Council meeting will be on Monday, November 6 beginning at 6:45 p.m. due to the election on November 7. .~CIf- Grace Schmidt, Deputy City Clerk For more information: 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 Council! Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.