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CC 01-08-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 8, 2008 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dolly Sandoval 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 Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS - City Attorney Charles Kilian noted that his assistant had retired and to fill in until his retirement the end of the year he had brought on Marc Hynes of the firm Atkinson and Farasyn. He said that Mr. Hynes was currently the City Attorney for Atherton and Brisbane, and he and his associates were quite experienced in local government issues. POSTPONEMENTS -None WRITTEN COMMUNICATIONS Mayor Sandoval noted written communications regarding items 9, 10 and 12. ORAL COMMUNICATIONS Fari Aberg, coordinator for the Cupertino Medical Reserve Corps (MRC), commented on the goals and activities of the MRC and noted that they needed volunteers for this organization. CONSENT CALENDAR Wang/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. January 8, 2008 Cupertino City Council Page 2 1. Adopt resolutions accepting Accounts Payable for December 7 and 14, Resolution Nos. 08-001 and 08-002. 2. Adopt a resolution accepting Payroll for December 14, Resolution No. 08-003. 3. Accept municipal improvements, Minfei Qian & Bingqing Haun, 10566 Merriman Road, APN 342-16-112 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including sidewalk, curb, gutter and asphalt as required by the improvement agreement with the City. 4. Accept municipal improvements, Thomas M. McNair, 22261 McClellan Road, APN 357- 04-067 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including grading, storm drainage, and erosion control as required by the improvement agreement with the City. 5. Accept municipal improvements, Palisade Builders, Metropolitan at Cupertino, 19501- 19507 Stevens Creek Boulevard, APN(s) 326-20-087 and 316-200-084 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including on-site grading, driveway, curb & gutter and landscaping as required by the improvement agreement with the City. 6. Adopt resolutions amending Cupertino 457 deferred compensation plans to permit employee loans and to allow self directed accounts, Resolution No. 08-004 and Resolution No. 08-005. 7. Approve an application for an Alcoholic Beverage License (Off-Sale General 21) for Loree Liquor, 19050 Stevens Creek Blvd. 8. Recognize Tom Bradley in support of a commemorative stamp in his honor. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None Mayor Sandoval re-ordered the agenda to take up item No. 10 next. January 8, 2008 Cupertino City Council Page 3 NEW BUSINESS 10. Adopt a resolution ordering the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 07-201, Resolution No. 08-006. The City Clerk distributed a copy of the Notice to Destroy Weeds that had been mailed out to the property owners. Wang/Mahoney moved and seconded to adopt Resolution No. 08-006 ordering the abatement of weeds. The motion carried unanimously. PUBLIC HEARINGS 9. Consider Application Nos. U-2007-11 and M-2007-02, Wayne Okubo (Evershine), 19620-19780 Stevens Creek Blvd, APN 369-06-008 to 010: a) Use Permit approval to allow a food store (Marukai) totaling 28,690 square feet located in the Marketplace Shopping Center (former Longs Drug site). The Planning Commission recommends denial. b) Appeal of a Planning Commission denial of a Modification to an existing Use Permit (16-U-76) to modify the conditions under which food services businesses will be allowed in the Marketplace Shopping Center along the rear service corridor. The appellant is Wayne Okubo. The City Clerk distributed an email from Nadine Grant to the Planning Commission in support of the Marukai store. Community Development Director Steve Piasecki reviewed the project and staff and recommendations. He noted the concerns of the neighbors regarding odor, vector control and refuse. He outlined the recommended staff conditions to address these issues including self- contained refuse containers, double bagging and sealing of refuse, limitations on uses and access to the rear corridor and the requirement that the applicant maintain a contract with a licensed vector control specialist. He noted that Resolution No. 3055 in 1987 limited food uses along the rear corridor of the shopping center. The intent of this condition was to minimize the impacts from restaurants or specialty foods to the adjacent residential neighborhood to the south. However, this existing condition precludes all business involving food preparation without defining what is considered "food preparation". The condition also made no distinction between tenants that have limited or no offsite impacts from those that do. Staff believed that the intent of the condition was to limit food services that may create cooking odor, vector and refuse problems. Therefore, staff recommended approval of a modification to the existing condition in order to allow food uses that do not have any offsite impacts. The Planning Commission had recommended denial of the use permit and had denied the request by the applicant for a modification to the condition of the existing use permit to redefine the limitations of food preparation issues. The applicant was appealing this decision. January 8, 2008 Cupertino City Council Page 4 Wayne Okubo, applicant, urged Council to approve this project. He supported a modification to Resolution No. 3055 that would allow for a restaurant over 20,000 square feet and would also allow for preparation of certain foods on site. He explained that they had eliminated their plans for a bakery and he described the packaging process for the fish and meat. Mr. Okubo also handed out a diagram showing the location of existing dumpsters and proposed new compactors, as well as a flyer regarding the Vert-I-Pack self-contained compactor/container and the Sonozaire Odor neutralizer that would attach to it. He believed these improved odor control systems would address the neighbors' concerns. Aaron Jang, representing Yogurtland, urged Council to consider amending Resolution No. 3055. He noted that his mother had been in the food business for 25 years and they were looking forward to running Yogurtland as a family business. It was a low maintenance franchise and one which had proven to be very popular to all demographics. However, a part of their healthy offerings included fruit toppings and that meant that the fruit needed to be cut up on site. Mr. Jang explained the minimal impact of this on the trash/garbage that would be generated by Yogurtland. Kenny Tagaki, representing Marukai Market, noted that the markets were very popular in Southern California and he stated they were looking forward to establishing themselves in Cupertino. He distributed a letter of support from Mayor Paul Tanaka, City of Gardena, on behalf of Marukai Forum and Marukai Market. The following spoke against approving the above-referenced application: Stacie Callas, Gene West, Kali Richards, Alan Roth, Sandra Spivak, Marge Thompson, Boris Abramson, Arthur Federico, Virginia Tamblyn, Shao Liu, Keith Murphy, Jennifer Griffin and Chris Huang. They cited the following concerns: noise, odors, vector control issues, public nuisance, parking, disruption of neighborhood, trash/garbage, health issues and the negative impact on property values. They further stated that Resolution No. 3055 should not be changed. The residents noted that in part this resolution stated that "the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor (Orchard Valley Market Place Shopping Center -now the Marketplace Shopping Center) may remain however, new food services involving on-site foot preparation shall not be permitted in this area". Scott Stauffer, President of the Chamber of Commerce, stated his support for this project. He believed the neighbors' complaints could be worked out and he believed this was a business opportunity that was good for the whole Cupertino community. Kelly Kline, the City's Economic Development Manager, commented that food establishments in shopping centers were much more prevalent than they used to be. It was important to find a good balance that allowed for these additions to the community and at the same time addressed the neighbors' concerns. Mahoney/Wong moved and seconded to approve the above-referenced use permit allowing a food store (Marukai) totaling 28,600 square feet located in the Marketplace Shopping Center with the conditions recommended by staff and amended as follows: Condition No. 2: Refuse January 8, 2008 Cupertino City Council Page 5 and Recycling Control -applicant shall provide self contained recycling/refuse containers, as described at this meeting, for the entire Marketplace Shopping Center thereby upgrading the entire existing open refuse container system; Condition #5: Early Morning Refuse and Recycling Pickup Schedule -add that the refuse and recycling pickups would occur on a daily basis -weekends included depending on concurrence by the Los Altos Garbage Company; add a condition that Council will review all issues related to this application in one year; and add a condition stating that code enforcement contact information anti a description of development activity will be posted on the Marketplace Shopping Center website. The motion carried unanimously. Mahoney/Wong moved and seconded to modify condition #4 to read as follows: "The existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. Food preparation is defined as on-site cooking or warming of food products by the application of heat. The intent of this condition is to prohibit new food services adjoining the rear corridor that will create or attract food odor, vector and refuse nuisances. Existing food establishments could be replaced by another food establishment that is either equal or less in intensity (size and operational characteristics)." The motion passed unanimously. Community Development Director Steve Piasecki confirmed that this action would further define Resolution No. 3055 to apply to any businesses along the rear corridor of the Marketplace Shopping Center. RECESS The meeting was recessed from 9:14 p.m. to 9:30 p.m. UNFINISHED BUSINESS -None NEW BUSINESS (continued) 11. Consider Application Nos. EA-2007-10, U-2007-09, ASA-2007-14, and TR-2007-06, Tantau Investments, LLC, 10900 N. Tantau Ave., APN 316-09-029: a) Negative declaration b) Use permit to construct a 100,000 square foot, two-story office building on a 6.6- acre site c) Architectural and site approval fora 100,000 square foot, two-story office building and site improvements d) Tree removal of 37 trees to construct a 100,000 square foot, two-story office building and site improvements January 8, 2008 Cupertino City Council Page 6 City Planner Aki Honda presented an overview of the project, including landscaping, parking, elevations and the tree removal. Ms. Honda noted that the applicant would be maintaining all of the trees on the perimeter of the site and would be replacing the removed trees with native species of trees. For any additional trees that were removed due to hazardous conditions or were considered dead, the applicant would be required to replace those trees in accordance with the Protected Trees Ordinance. Larry Wallers, applicant, noted that he was one of the four partners in this project and his partners were also present if there were any questions. Mr. Wallers commented on the tree replacement issue and also on the LEED (Leadership in Energy and Environment Design) Silver Certification which they would be obtaining for this project. Mr. Wallers commented on the differences between core and shell certification and new construction certification. Larry Lens, Devcon Construction, further elaborated on the LEED Silver certification process. He noted that this certification was based on a point system for various green building features that were incorporated into a project. He noted that the new construction model did not fit into this project as it was a spec development. For example, the different guidelines ratings precluded this project from getting certain points for such things as carpeting and ceiling tiles as these would not be part of the project at this time. Jennifer Griffin noted that this was a superfund site and deed restrictions had been placed on the property. Housing, schools or hospitals were not permitted. She stated her support of the office building being proposed for this property and commended the owners for their sensitivity in the development of this project. Wong/Mahoney moved and seconded to approve the negative declaration, use permit, architectural and site approval and tree removal for the above-referenced project with the following modifications to the proposed recommendations: use permit approved with the modification to the green building condition that the applicant will be required to obtain LEED Silver Core and Shell Certification only; and architectural and site approval will be given with the modification to the green building condition that the applicant will be required to obtain LEED Silver Core and Shell Certification only. The motion passed unanimously. ORDINANCES 12. Conduct the second reading of Ordinance No. 07-2014: "An Ordinance of the Cupertino City Council amending Section 13.04.150(H) of the Municipal Code related to use of Bicycles in City Parks." The City Clerk distributed four emails opposed to the use of bicycles on the Stevens Creek Trail and McClellan Ranch Park. The emails were from Bob Power, on behalf of the Santa Clara Valley Audubon Society, and also from Cheryl Turner, Deborah Jamison, and Ralph Riddle. January 8, 2008 Cupertino City Council Page 7 The City Attorney explained that this ordinance stated that one could only ride a bicycle on a paved road or path unless this activity was prohibited by a posted sign. A bicyclist may wheel or push a bicycle by hand over any grassy area, wooded trail or over any other area in which bicycle riding was otherwise prohibited. However, if one wanted to prevent this from happening in a certain park or area this could be accomplished by posting a sign. Mahoney/along 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, Wang, and Wong. Noes: None. Mahoney/along moved and seconded to enact Ordinance No. 07-2014. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. 13. Conduct the second reading of Ordinance No. 07-2015: "An Ordinance of the Cupertino City Council amending sections of the Cupertino Municipal Code regarding Advisory Commission Chairperson and Vice Chairperson terms and extending the Term Expiration Date for the Bicycle Pedestrian and Public Safety Commissions from January 15 to January 30." Mahoney/Wang 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, Wang, and Wong. Noes: None. Mahoney/Wang moved and seconded to enact Ordinance No. 07-2015. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None. STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Mayor Sandoval thanked staff, the sheriff's deputies and the county firefighters for their prompt responses during the current storms. Vice Mayor Mahoney reminded everyone that January 30 was the State of the City address. This event was ~co-sponsored by the Chamber of Commerce and Cupertino Rotary and all reservations were made through the Chamber. Mayor Sandoval also asked that everyone attending bring an extra can or box of food to donate to CCS. January 8, 2008 Cupertino City Council ADJOURNMENT At 10:10 p.m. p.m. the meeting was adjourned. Kimberly Smit ,City Clerk Page 8 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 on the web site: Visit www.cupertino.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.