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· ~' CUPERTINO CITY COUNCIL -- Regular Meeting
CUPERTINO REDEVELOPMENT AGENCY ~ Regular Meeting
Monday, June 19, 2000
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torte
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council
members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: None.
Staff present: Interim City Manager Carol Atwood, City Attorney Charles Kilian, Community
Development Director Steve Piasecki, Public Information Officer Donna Krey, Public Works
Director Bert Viskovich, Recreation Supervisor Don McCarthy, City Planner Ciddy Wordell,
Planner Michele Rodriguez, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Proclamation recognizing Marie Moore, retiring emergency services coordinator.
Mayor Statton presented the proclamation, and declared Monday, June 19 2000, to be
Marie Moore Day in Cupertino. Ms. Moore thanked council for the support that they had
shown to the emergency preparedness program, and for accepting County fire as a parmer
in the program. She said she was privileged to have been the first emergency services
coordinator in that partnership. The council members offered their thanks and
congratulations.
Mrs. Nancy Burnett asked for graduates of the Cupertino Emergency Response Team
training program to stand.
POSTPONEMENTS
Item 24, Appeal of Planning Commission denial of Application 16-U-98, Adzich Properties
Continuance requested to July 17.
Council concurred to continue this item.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
June 19, 000 Eup o City Council Page
CONSENT CALENDAR
Bumett moved to approve the items on the Consent Calendar as presented, with the exception of
the minutes of June 5, which will be distributed at the next meeting. Chang seconded and the
motion carried 5-0.
2. Minutes: June 1 regular adjourned meeting, with a correction of clerical errors as noted.
3. Accounts payable: June 2 and June 9, Resolution Nos. 00-170 and 00-171
4. Payroll: June 9, Resolution No. 00-172.
5. Authorizing execution of Joint Exercise of Powers Agreement for animal control,
sheltering, and licensing services, Resolution No. 00-173. (An amended copy was handed
out, which corrected clerical errors)
5. Authorizing execution of Joint Exercise of Powers agreei~ent for Workforce
Development Services pursuant to the Workforce Investment Act of 1998, Resolution
No. 00-174.
7. Review of application for Alcoholic Beverage Control license for Loree Liquors, 19050
Stevens Creek Boulevard.
-- 8. Change Order No. 3, Cupertino Senior Center Expansion, Project 99-9210, Resolution
No. 00-175.
9. Making determinations and approving thc reorganization of tvrLitory designated "San
Fernando Avenue 00-05," approximately 0.456 acre located on the north side of San
Fernando Avenue between Byrne Avenue and Orange Avenue; Wang and Yen (APN
357-15-048), Resolution No. 00-176.
10. Authorizing execution of agreement of employment between the City of Cupertino and
City Manager David Knapp, Resolution No. 00-177.
11. Quitclaim deed and authorization for underground water rights:
A. Johan A. Datmawan and Susana T. Darmawan, 22650 Alcalde Road, APN 342-
16-042, Resolution No. 00-178
B. Sanjay Swamy and Tulsi B. Swamy, 10655 Santa Lucia Rd., APN 342-17-007,
Resolution No. 00-179
12. Grant of easement for roadway purposes:
A. $ohan A. D~umawan and Susana T. Darmawan, 22650 Alcalde Road, APN 342-
16-042, Resolution No. 00-180
June 19, 2000 Cupertino City Coune{1 Page ~,
B. Sanjay Swamy and Tulsi B. Swamy, 10655 Santa 'Lucia Rd., APN 342-17-007,
Resolution No. 00-181
13. Setting date for consideration for reorganizations:
A. Area designated "C_n~ola Drive 00-02," property located on the north side of
Grenola Drive between Flora Vista Avenue and Ann Arbor Drive; approximately
0.215 acre, Lieu And Chen (APN 326-28-009). Resolution No. 00-182
B. Area designated "Alcazar Avenue 00-08," property located on the south side of
Alcazar Avenue between Orange Avenue and Imperial Avenue; approximately
0.183 acre, Bruffey and Eastman (APN 357-19-012). Resolution No. 00-195
14. Recommendation from Telecommunications Commission for grant award.
15. Authorizing execution of agreements with Santa Clara County: A. Household Hazardous Waste Collection Program, Resolution No. 00-183
B. County wide AB 939 implementation, Resolution No. 00-196
16. Authorizing execution of agreement with Nextel of California, Inc., a Delaware
Corporation, for lease of antenna site, Resolution No. 00-184.
17. Amending thc Unrepresented Employees' Compensation Program, Resolution No. 00-
185.
18. Acceptance ofmnnlcipal improvements: Jeff Yang, 21896 Granada Ave., APN 357-16-
023 (no documentation required).
19. Request from Iranian Federated Women's Club and Payvand Cultural School for waiver
of use fees for thc fourth annual Iranian Art and Cultural Event.
20. Authorizing Execution of First Amendment to Agreement between the City of San Jose
and the city of Cupertino for maintenance of traffic signals under joint jurisdiction,
Resolution No. 00-186.
Vote Council members
Ayes: Burnett, Chang, James, Lowenthal, and Statton
Noes: None
Absent: None
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
Thc City Clerk said thc minutes of thc Sunc 5 regular meeting will be presented at the next
meeting.
June lO, 2000 ' (~upertlno City Council Page l
JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY
ROLL CALL
Redevelopment Agency members present: Chairperson John Statton, Vice-Chairperson Sandra
James, and members Don BurneR, Michael Chang, and Richard Lowenthal. Members absent:
None (City Council members also serve as the Redevelopment Agency).
ROLL CALL
At 7:00 p.m., Mayor Statton called the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California.
City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council
members Don Burnett, Michael Chang, and Richard Lowenthal. Council members absent: None.
Redevelopment Agency members present: Chairman John Statton, Vice-Chair Sandra James, and
Agency members Don Bumett, Michael Chang, and Richard Lowenthal. Redevelopment
Agency members absent: None.
Staff present: Carol Atwood, Acting City Manager and Finance Director of the Agency; Charles
Kilian, City Attorney and General Counsel to the Agency, Community Development Director
Steve Piasecki, City Planner Ciddy Wordell, Public Information Officer Donna Krey, Public
Works Director Bert Viskovich, and Kimberly Smith, City Clerk and Secretary to the Agency.
Redevelopment Attorney for the City and Agency: Nicole Murphy.
Representatives ofKeyser Marston: Debbie Kern and Paul Andersen.
· IOINT PUBLIC HEARING
A. Joint public hearing of the City Council and the Redevelopment Agency on the proposed
redevelopment plan for the Cupertino Vallco Redevelopment Project.
Statton opened the public hearing. Atwood reviewed the history of the Vallco Shopping
Center and discussed the intent of the redevelopment project.
Nicole Murphy, Redevelopment Attorney, entered into the record the following items:
Exhibit 1, affidavit of publication; Exhibit 2, certificate of mailing to property owners
and business owners and operators; Exhibit 3, certificate of mailing to the governing
bodies of each taxing agency; and Exhibit 4, certification of legal actions taken by the
City Council, Planning Commission, and Agency.
Murphy summarized the proposed redevelopment plan, and it was entered into the record
as Exhibit S. She reviewed the major evidentiary findings, which are as follows:
June 10, 000 Cupertino City Council Pase f
A finding that the project area is a blighted area, meeting thc legal qnalificafiorm
prescribed by the Legislature, and that redevelopment of the project area is necessary to
effectuate the public purposes described in the community redevelopment law; a finding
that the adoption and carrying out of the redevelopment plan is economically sound and
feasible; a finding that thc redevelopment plan conforms to thc general plan of thc City of
Cupertino; and a finding that the condemnation of said property as provided for in the
redevelopment plan is necessary to the execution of the redevelopment plan, and that
adequate provisions have been made for the payment of properties to be acquired as
provided by law. She said the evidence supporting these and other findings is contained
principally in the Agency's report to the City Council.
Mr. Paul Anderson, Kaiser Marsten Associates, summarized parts of the report of the
agency to the City Council that included the basic supporting documentation for the
redevelopment plan and the ordinance that will adopt a redevelopment plan. He
summarized the blight findings, the implementation plan, the supplement, and a report to
City Council
Debbie Kern, Kaiser Marsten, reviewed the projects and programs and the financial
feasibility component of thc report to Council.
The Report of the Agency to the City Council was entered into the record as Exhibit 6,
and the Supplement to the Report of the Agency to the City Council was entered into the
- record as Exhibit 7.
City Planner Wordell summarized the environmental impact report which was entered
into the record, and submitted as part of the report to City Council, identified as Exhibit 8
The rules governing property owner participation were entered into the record as Exhibit
9.
Wordell said that some written comments had been received and were already a part of
the record. One was a letter received May 31st from Public Economics, Inc., which is a
consulting firm representing Foothill-De Anza College District and Fremont Union High
School District. The letter states that it is not a written objection, but represents an
ongoing dialogue that they WOuld like to have. She said a second letter was submitted
this evening and was distributed to City Council. It will also be made part of the record
and is again part of the continuing dialogue hoping that there would be some provision
made for an affordable housing program to specifically address school district employees.
She noted that two other letters that had also been received today would be included as
part of the record as Exhibit 10.
Statton asked for oral testimony in favor or in opposition to the redevelopment plan.
Mr. William Litt said he was an attorney with Bay Area Legal Aid that represents low-
income residents of Cupertino. He said he was submitting for the record a letter
containing their objections. He also submitted a videotape of the proposed project area,
June 10, 000 Cupertino City Council Page i
which he would like to have included in the official record. His primary objection on
behalf of his client was that there is not substantial evidence supporting thc findings of
physical blight or economic blight. They also objected to the fact that the project area is
entirely commercial and does not now and will not have any affordable housing on it.
Also, it appears that the primary purpose of this project is to subsidize private
development and private improvement of the shopping center. The Supreme Court and
the Court of Appeal have consistently spoken out against that kind of uso of the power of
redevelopment, including taking property by eminent domain and reselling to private
parties. In addition, the California Legislature has declared the fundamental purpose of
redevelopment is to extend a supply of low to moderate income housing, and this
proposed project does not do that.
Mr. Don Favorite said he was the owner of Penguin's Fwzen Yogurt. He said about two
years ago he heard of the possibility that the lower level of the mall would be removed
and replaced by parking. He thought that was the wrong thing to do, and now it seems
like it will come to pass. In 1988, the lower level was constructed because Valley Fair
expanded and Vallco was afraid of losing business, so the lower level was constructed at
great cost. Now it is going to be done away with and turned into parking, and that doesn't
seem the right way to go. He asked when the construction of the parking structure will
begin and when will Vallco be put into the redevelopment agency plan.
Wordell said a specific development has not yet been applied for, so there is no approval
date in site and, therefore, no construction schedule of which the city is aware. She
clarified that the Vallco redevelopment area is the Vallco shopping center.
There was a motion and second to close the public hearing, and motion carried
unanimously.
Murphy said written objections have been received, but it is not clear whether the written
objections are from affected property owners in the project area. Bay Area Legal Aid
represents citizens of Cupertino, and is not clear whether those are property owners. Also
there are two other letters from a law firm representing an un-named client. She
recommended that the City Council act on these letters as though they were written
objections requiring a response, and she will pp~"pare a response for City Council
consideration.
Council concurred to continue this item until the next regular meeting of the City Council
and Redevelopment Agency on July 17.
APPROVAL OF MINUTES
B. Minutes of the May 1 $, 2000, Redevelopment Agency meeting.
Bumett moved to adopt the minutes as presented. Chang seconded and the motion
carried $-0.
June 1 ~, ~000 C?upert[no (~;ty (~ounc~l Page 7
NEW BUSINESS
C. Agency certifies and makes findings based upon consideration of the Final
Environmental Impact Report, Resolution No. RA-00-06.
Continued to July 17, 2000.
D. Agency finds that the use of taxes allocated from the Project for the purpose of improving
and increasing the community's supply of low- and moderate-income housing outside the
Project Area will be of benefit to the Project, Resolution No. RA-00-07.
Continued to July 17, 2000.
At 7:30 p.m., the Redevelopment Agency adjourned.
CITY COUNCIL MEETING
E. City Council certifies and makes findings based upon consideration of the fmal
Enviromental Impact Report. Resolution No. 00-187.
Continued to July 17, 2000.
F. City Council finds that the use of taxes allocated from the Project for the purpose of
improving and increasing the community's supply of low- and moderate-income housing
outside the Project Area will be of benefit to the project. Resolution No. 00-188.
Continued to July 17, 2000.
G. City Council approves and adopts the Redevelopment Plan, first reading of Ordinance
No. 1850: "An Ordinance of the City Council of the City of Cupertino, California,
Approving and Adopting the Redevelopment Plan for the Cupertino Vallco
Redevelopment Project." (Second reading and enactment scheduled for August 21,
2OOO.)
Continued to July 17, 2000.
PUBLIC HEARINGS
21. Operating budget for the 2000-01 fiscal year: Public hearing to adopt the 2000-01 fiscal
year operating budget, establish appropriation limit, and approve the granting of a
Negative Declaration.
A. Adopt an operating and constmctiun budget for fiscal year 2000-01 by ratifying
estimates of revenues to be received in each fund and appropriating moneys
therefrom for specified activities and accounts and setting forth conditions of
administering said budget, Resolution No. 00-189
Sune 19, 2000 Cupertino City Council Page 8
B. Establish an appropriation limit for fiscal year 2000-01, Resolution No. 00-190
Acting City Manager Carol Atwood said that Council will be adopting a $55 million
revenue budget, and the general fund portion of that is approximately $31 million. The
expenditures are $58.9 million, Which includes the caPital improvement projects, and the
general fund portion of that is $31.4 million.
Atwood reviewed the staff report and provided responses raised during the the budget
study session..She said the value of the space provided for the Historical Society at the
Quinlan Center is about $12,900 per year. Their attendance and outreach statistics are as
follows: Quinlan Center, 3,700 visitors; Valleo Museum 418; Traveling Trunk program
1,484. Atwood said the Snyder house has no identified used at this time, so renovation
costs have been included. Regarding Pac Bell DSL, they will be switching stations
within the next two years, and the city's Telecommunication Commission will be working
with them on the project. Funding has been added for a plan cheek contract and funding
has been moved from the unprogrammed to the programmed CIP list for the Stevens
Creek Trail, the Stevens Creek Trail CEQA, and the DeAnza Trail feasibility study. A
work session will be held later with the new city manager and council to review the
reserve level as well as the CIP criteria.
Lowenthal said he had met with County Parks and Reereation about the feasibility study
and the trail alignment through Rancho San Antonio County Park. The city will take
responsibility for those, and the county has agreed to pay for the improvements. They do
not have the feasibility plan budgeted, but they will pay for half of the study so the city's
cost will be reduced by $12,500. Viskovich suggested that the number stay the same in
the budget, and the county could be billed when it is complete.
Bumett said that the DeAnza Trail is the one that follows the railroad tracks, and he felt
that was a lot of money to spend without having some assurance from the railroad that
they will allow them to happen. He asked staff to see if there is some way to get approval
in advance, and Lowenthai concurred.
Mayor Statton opened the public hearing.
Mr. Charles Newman, President of the Cupertino Historical Society, referred to his
presentation at the council study session on June 1st and written material that had been
handed out. He asked those in the audience in support of the Cupertino Historical
Society to stand up.
Mrs. Frances Bush said she was delighted to have participated in the traveling trunk
program, and described the itcais that are shared with the children. The program has
been operation for 25 years, and it includes both present-day and historical items.
Lowenthal asked for more information about the Historical Society fund-raising efforts
and whether they charge for services. Mr. Newman said there is an annual barbecue and
an annual fund-raising event. Last year's fundraiser at Fremont Older raised a couple
thousand dollars. This year the event will be held in his home, which is the old San
Antonio school For the last two years, they have received $2,000 in support from
Hanson. There is also an annual fund drive, which last year brought in just short of
$15,000. The previous year they were able to raise nearly $20,000. The Society also
· ~. received a substantial donation from Mr. Buxrell Leonard in the amount of $100,000.
They can spend only the interest on that amount and the rums are being invested through
the Community Foundation of Silicon Valley, which has been earning 14 %-15% over
the last few years. He said that the membership is remaining stable and those funds are
ongoing. They request that members join at a higher level rather than the minimum
amount, and the encourage people to remember the Historical Society in their will. The
total endowment at this time is $18,000 plus Mr. Leonard's donation. Mr. Newman said
they hope not to request funding every year, but their projections do show the need for
ongoing assistance. In the meantime they Historical Society will continue its efforts to
raise more funds. Mr. Newman said the city is providing a service to the community in
partnership with the Historical Society, os it is appropriate that public funds be allocated
to assist in this joint effort.
James said that she was opposed to funding personnel because it creates a reliance on
outside funding, which would make it difficult for council to not fund it the following
year. However, she also saw the need to protect the city's history and culture. She
recommended that $40,000 be granted this year and then have staff identify how the city's
parmership with the Historical Society will work. She recommended that the chairs for
the council chamber not be funded this year, because this year council will be doing a
master plan for the whole City Center area. Bumett said that he was in favor of funding
the chairs since they are well overdue for replacement, and can be used in any new
facility.
Lowenthal said he was in favor of funding for the Historical Society, but he hoped they
could become independent. He suggested that they find ways to control their spending
and then put some of that savings into the endowment fund.
James moved to adopt the 2001/01 'budget, Resolution No. 00-189, including the list of
proposed programs, but not to approve funding for the council chamber's chairs. Motion
failed for lack of a second. Bumett moved to adopt the 2001/01 budget, Resolution No.
00-189, including all proposed programs. Motion carried 4-1, with James voting no.
James moved to adopt resolution No. 00-190, establishing the appropriation limit for
fiscal year 2000/0. Lowenthal seconded, and the motion carried 5-0.
Mayor Statton re-ordered the agenda to hear item No. 26 next.
NEW BUSINESS
26. Johnson Lyman Architects (Andronlco's), Applications 2-U-00 and 4-EA-00, use peru,it
for the demolition of a cinema and retail space and the construction of a new 32,160
square foot market and cooking school at The Oaks shopping center, 21275 Stevens
Creek Boulevard. The application is recommended for approval and a Negative
Declaration is recommended.
Council watched a brief video roll-in and Piasecki reviewed the staff report. He said the
commission forwarded a minute order to the council asking them to expedite the Mary
Avenue crosswalks, and staff recommends that the applicant be required to participate in
June Ii), 2000 Cupertino City Counell Page 10
those costs in the amount of $20,000. The planning commission also forwarded a minute
order asking that the council bring the issue of the theaters to thc attention of thc Flint
Center management and the city recreation programs. The commission is concerned
about the sentiment that the city is losing a valuable community resource, and they stated
· that the city has no control over the decision of the Oaks management to temdnate the
lease, so the only issue before the Planning Commission and City Council is the use
permit for the market.
Mayor Station opened the public hearing.
Mr. Dave Johnson, architect, said they had been through a lengthy design process with
the Planning Commission and the design was improved as a result. Architectural
attention was paid to the front of the building, which faces west towards the freeway, and
they agree that thc central courtyard area is vitally important to create a dynamic location
to attract people. He discussed the circulation, seating areas, walk up window, and
bicycle racks. James said it was important that emphasis be placed on drawing people
into the center courtyard and not just the eastern entrance.
Mr. Bill Andronico, applicant, said there are a number of other markets in the
community, but none quite like thc Andronico's proposed for this location. In addition to
specialty items, they also have prepared foods, and will create a gathering space for
people. Prepared foods, organic breads, and other bread related items are one of the
fastest-growing categories. They believe they can create a collection of food and
services, along with thc cooking school, that would create a food, wine and living
experience that is not currently offered in Cupertino. Statton asked if they become
involved in community events. Mr. Andronico said they have been in business since
1929 and always have close ties with their communities, particularly focusing on
disadvantaged children. Also, their store manager will be a member of the Chamber of
Commerce arid they would participate in.community affairs.
Mr. Shawn Wyllie, 7640 Erin Way, expressed his concerns about the traffic impacts and
said that no traffic impact analysis was performed on the project. He felt there would be
230 net trips, not 77, which would trigger a traffic impact analysis. Mr. Wyllie explained .
how his calculations differed from that of the traffic engineer, and he requested that a
traffic analysis be performed to analyze the traffic currently generated bythe movie in the
Mary-Stevens Creek p.m. peak hour. He said this is a very large change in the intensity
of use, as well as changing a primary anchor tenant, and he felt it would become just
another strip mall.
Mr. Tony Vandersteen, 10401 Phar Lap Drive, said he had been actively protesting the
loss of the movie theater. Since it was the only one in the city, Andronico's will not meet
the same need and will not draw in sales tax into the community, since there is another
Andronico's only about three miles away. In terms of the traffic, this is the worst location
in the city, and a smaller market and a smail theater has never been considered. He asked
that this be postponed until it can be reviewed from the community stand point and
recommendations made to the owner.
June 19, 2000 Cupertino' City Council Page 11
Mr. Brian Hiles, Assistant Manager of the Oaks Theater, asked council to consider where
their decision may lead in 30 years. He felt approval of this project may pc~rpetuate the
decline of the center. He was not opposed to Andronico's, and many in the community
are very complimentary to the market, but he felt this is the wrong location.
Mrs. Anna Polman-Black, a Cupertino resident, was concerned about how congested this
area will become. Foothill College has a very nice theater, although it is not a movie
theater. Within a short distance there are 3 grocery stores, and this one is not needed.
Ms. Karen Jacobsen, a Cupertino resident, said she would try to represent some of the
people she had met while participating in the discussion of this matter. She said that one
of the Planning Commission members reacted very abruptly to the comments that over a
thousand signatures have been received on petitions opposing the demolition of the Oaks
Theater. She appreciated the effort taken by the petitioners, and they were freely signed
by the theater patrons without anyone promoting it. There are other markets very close
by, and Whole Foods offers an almost identical product in terms of organic items. Also,
the traffic congestion will increase. The movie theater has created an identity in the
community, and she did not feel that Andronico's will revive the center.
Bumett said that a legitimate concern has been raised about traffic impacts. For example,
the documentation used the Andronico's in Danville for comparison, and the statistics
from Los Altos would probably be more appropriate. One important feature is that this
should become truly accessible for pedestrians. A pedestrian crossing over Mary Ave.
would really help, as well as a way to help people get across the Highway 85 ramp.
Lowenthal agreed and said that there also needs to be improved access from the
Glenbrook Apa~huents. He felt there should be improvements in both pedestrian access
and traffic calming, and the developer should pay about a quarter of those costs.
Statton said the 5-year capital improvement program has up to $25,000 currently in the
unprogrammed category. It will be costly to create a desirable gateway into the Mary
Avenue area, and the Monta Vista access may add more to that cost.
Discussion followed about parking. Staff indicated that there is a starldard formula for
commercial shopping centers, and this one will have a surplus. Also, there is overflow
parking on Mary Avenue.
James said there would actually be fewer spaces than before the development was
proposed, and there have been parking problems in the past from people using that lot
when they go to the Flint Center. She said that perhaps the city could do a better job
about monitoring the problem. Staff said there is also an area in the northeast corner
where there's some additional parking available if it is re-striped and re-configured.
James noted that pedestrians on Mary Avenue will not only be the result of Andronico's
but also the larger senior center, so perhaps the street should be reconfigured anyway.
Perhaps a planted median on Mary would help people to get across the street, which is
very wide, and the city and Andronico's could share the cost.
June 19, 2000 Cupertino City Council Page 12
Burnett said he would like to acknowledge the concerns of the community concerning the
loss of the theater. Another difficult loss was the Clean, Well-Lighted Place for Books.
However, Andronico's will take over a site where several restaurants havc failed, and it
will bc an assct to the city.
Lowenthal said he did not agree with the statement that council does not have any control
about this project. He also loved the theater and ice cream store, and hated to lose that
experience and low-cost entertainment. However, he did not want to someday miss
Hobee's, or Samba Juice, or The Coffee Society. He believed there would be other
theaters in Cupertino within a couple of years, and he felt that Andronico's would bring
new life to the center.
James said she would also support the center. She did not feel that the council had
anything to say about whether the theater would stay or not because that is a market
driven issue. There are other creative ways to create family and comrrlunity events, such
as the Free Shakespeare in the Park each summer. The question is whether this
development is good for the community.
James moved to adopt a negative declaration. Burner seconded, and the motion carried 5-0.
James moved to adopt Resolution No. 6034 approving the application per Planning
Commission Res. No. 6034, with the following amendments: Condition 8 amended to say
that applicant shall provide additional landscaping, lighting, and tables to encourage
pedestrian access on the southern side subject to the approval of the Planning Director;
and condition 25, regarding crosswalk improvements, amended to say that the applicant
will be responsible for fees in the amount of 25% of the total cost for the Mary Avenue
mid-block crosswalk improvements, to a maximum of $40,000.
PUBLIC HEARINGS
Mayor Statton reordered the.agenda to discuss Iteai 22B first.
22B. Hotel - Kimpton Hotel and Restaurant Group, Lot 5, Tract 7953, (comer of Stevens
Creek and De Anza Boulevards), APN 359-01-037. Applications 2-GPA-99, 4-EXC-00,
S-U-00, and 8-EA-99. Request to consider a General Plan amendment to exceed the
allowed height of 75 feet; a Heart of the City Specific Plan amendment and exception to
exceed the 40 foot height limit and to allow hotel use; and a use p¢~wit to construct a new
224 room, 130,$80 sq~mre foot hotel on a vacant parcel A Negative Declaration
recommended, and this item is recommended for approval. Continued from June 5.
City Planner Ciddy Wordell reviewed the staffreport regarding the proposed hotel. It will
have a restaurant/bar, conference room, board room, 224 guest rooms, a parking garage,
and shared parking with the adjacent office building. She discussed the design changes,
which had evolved through several planning commission meetings, and through meetings
with the city's architect, the applicant, and their architect. Burnett asked if there are plans
for radiant heating. Wordell said that council could add that as a condition to ensure it
was included. She reviewed the results of the parking study and said that in the evening
when the hotel needs 141 extra spaces, the garage will have 315 available. The busiest
time will be at 11 a.m. when the hotel needs 25 extra spaces, and there are 55 available.
Jun 2000 CUl irio Cit Council Pa e Ill
Valct parking will bc availablc but staff must makc sure that visitors can still choosc to
park their own cars. The applicant will be asked to do a study on how the parking
arrangements will work.
Mr. Jim Whelan, representing the Kimpton Hotel and Restaurant Group, said this will be
unique, high-end landmark hotel building, and they envision that this location will be
used for weekend brunches, as a starting place for community bike rides or community
walks, and art in the park, as well as retirement festivities, anniversary festivities,
birthdays, and weddings. It will be a fun, destination location. Whelan said that they
needed to discuss financing issues with the council. The Kimpton Group is investing
well over $35 million in this development to provide quality service for hotel, restaurant
and conference guests. He highlighted some of thc design features, and thanked staff
and council for their support.
Mr. Bob Wheatly, architect, discussed the pedestrian and vehicular access. There will be
sidewalks on both sides of Call Street to allow pedestrians access off De Anza. There
will also be an entrance into the main courtyard and another for drop-offnear the bar and
restaurant. Not shown on this plan is a fitness center on the same level as the lowcr-levcl
parking garage. In the courtyard there will be a fountain wall that is a focal point for the
lower portion of thc building. Hc described the materials, decorative lighting fixtures,
stone tile flooring, and other design features.
Burner said that it is important to protect the existing trees along the edge of Armadillo
Willy's. He asked for an arborist's report. Wordcll said the trees belong to that
restaurant, but there will be a report and recommendation as to whether the trees should
be pruned back or replaced with a variety more appropriate for a narrow planting space.
Whelan talked about the restaurant and said that Kuleto's would be a very good
representation of what they hoped to provide in this location. He discussed other
restaurants in their boutique hotels. He said that the executive chefs provide creativity
and prepare the 'food in the restaurant, and the hotel provides support to ensure consistent
quality.
James said she was very excited about this hotel, which is a beautiful building. There are
a number of projects coming forth over the next year or two which will define Cupertino,
and this particular development and hotel will be a big part of that. This is a very large
development, but it is possible to have increased density and do it beautifully in away that
blends with the environment. She thought the landscaping would help to blend the park
an apartment complex together.
Burner and Chang felt that the project was very well done and commended the planning
commission for their work. Lowenthal congratulated them for persisting in the long
process and felt this project will be a tremendous asset.
Statton said that until council comes to a resolution about the funding and financing for
this project, he was not sure if he was ready to approve either the hotel or the apartment
complex. He wanted to make it very clear that the two projects are tied together, and both
should move forward with all deliberate speed.
June 1{), 2000 Cupertino City Councl] Page
James said shc understood that internally, between Pwmcthcus and Kimpton, and
perhaps involving the city, there are some issues to still be determined as to the
possibility of some funding assistance. She felt it was time to move on the brick and
mortar part of this proposal so that can proceed, and council could deal with the funding
as a separate issue. Bumett said that there is a process in place and he did not think it
was appropriate at this to start talking about extra city participation.
Chang mentioned another situation in which there was a concern that the hotel and
residential units would be disengaged from each other, and he agreed that the residential
and hotel developments should be a package so that one 'does not proceed without the
other. Worde11 said that a mechanism to do that has been included, and it matches almost
exactly the provision set forth for the Hilton Garden Inn and associated apa~huents.
Lowenthal said that if council does not make a decision on the financial issue tonight,
they are basically leaving it in the hands of the developer to take the risk that they will
come to a later agreement. The current agreement has no financial sharing or kickback or
tax allocation in it, so it seems that the developer is willing to take the risk so there's no
reason for council to not move forward on it.
Kilian noted that there is a provision that the hotel shall be started at the same time or
prior to the apartment complex. However, the apartments can proceed earlier if they
posted a million dollars, which would be forfeited in the event that the hotel did not
proceed within 18 months. This is done to create separate financing mechanisms for
both.
22.A. Apartments - Cupertino City Center Land (comer of Stevens Creek and De Anza
Boulevards), Lot 1, Tract 7953. Applications 2-GPA-99, 3-EXC-00, 6-U-00, and 9-EA-
99. Request to consider a General Plan amendment to exceed the allowed height of 75
feet and to project into the 1:1 setback ratio from Stevens Creek Boulevard; a Heart of the
City Specific Plan amendment and exception and use permit to construct a new 206-unit,
206,725 square foot multifamily residential building and 6,775 square feet of retail space
on a vacant parcel. Negative Declarations are recommended. The General Plan
amendment is recommended for denial. The Heart of the City Specific Plan amendment
and exceptions are recommended for approval.
Planner Michele Rodriguez said this item was continued from the last meeting in order to
consider the adequacy of bicycle parking and public access to the podium area. Staff has
added condition of approval requiring bicycle parking in front of or adjacent to the retail
area. The plan already shows 30 bicycle parking spaces in the parking area, and the
condition of approval would require that these be secured individual bicycle parking
facilities. Rodriguez also described the two points of access to the podium area and said
that the applicant is proposing gates at those locations. Another other option for council
would be to require the gates be open during specific daylight hours, or to direct that
there be card key access.
Burnett said he was concerned about safety in the podium area, so visibility is as
important as locks. Also, he preferred the stair design shown in November plans where
the podium was clearly integrated into the other areas. He was also concerned about
]une 1 O, JO00 ( uperfino City Council Page
handicapped access. Sames disagreed that there was a need to have the podium open
because it will be the equivalent of a private yard for the people who will live there.
Mr. John Moss, ~resenting Prometheus, said that they agreed with the staff
recommendation. It would meet the city goal public access, generally during daylight
hours, while providing security for the residents in the evening. He said that they had
looked at 13 different developments in the Silicon Valley when they were planning their
property tour and all had restricted podium access 24 hours a day. He explained that the
staimase design was changed so that the new fountain would not interfere with the
existing fountain, and he pointed out the handicap access and said that the entire
development would be compliant with. handicap access requirements.
Mr. Paul Lettieri, landscape architect, discussed the plans for landscaping around the
stairs to the podium and the relocation of the fountain. He said that there would be barred
rail fences so that pedestrians could stand four feet higher than the plaza, look down at
the fountain or over to the hotel lobby, and get a sense of the area.
Community Development Director Steve Piasecki clarified that the staff recommendation
was for either full, unimpeded access, or for time-restricted access.
Moss said these plans are consistent with the plans put forth in November in te~ms of
podium access. He asked for clarification regarding Resolution 192, page 22-A40,
maximum height. He said that the maximum height was not intended to be 75 feet, but
instead to be consistent With the GP amendment, which was 108 feet. Resolution 191,
policy 2-24, strategy 2, refers to the hotel file 5-U-00, but that should the apartment file.
On page 22A-59, under the commercial heading, there is a reference to a two-foot
retaining wall going the full length in front of the retail frontage, but it will not go the
length of the frontage.
Lowenthal said a gate to the podium is intimidation enough to keep people from walking
in and out, whether or not it is locked at a certain a time. Moss suggested glass storefront
doors and the side paneis in an aluminum frame. Lowenthal said he would prefer a
method that would keep the gates physically open during the day, not just unlocked.
Moss said he thought that could be arranged.
Viskovich said that the only issue arising out of the traffic study is the need for some
work on some of the U-tums on DeAnza and on Stevens Creek at Torte, both of which
can be handled through some changes in timing.
Chang said he would support the gate being open during the day and closed in the
evening. Bumett and Statton did not support that option. James felt it was a good
compromise.
Burner said he was concerned about the appearance and how the gate changes the
appearance from an integrated project to something exclusive. Statton agreed and said
the project was originally described as an open project in which people could wander
back and forth. Now it doesn't feel open and inviting any longer. He also agreed with
Bumett's earlier comments about wanting a broader stair step. Statton also said that he
was not enthused about the opening onto Stevens Creek Boulevard, and it is not going to
June 1/), 2/)00 / upertlno City Council Page
encourage a pedestrian walking along that street to go through the development to reach
the park or the hotel Chang said that after hearing their cornments, he would support
them in this position. James said she did not see any reason for people to be wandering
around an apartment complex between 9:00 p.m. and 7:00 a.m.
Council members agreed to take action on the hotel project first. James moved to grant a
negative declaration. Burnett seconded and the motion carried 5-0.
Wordell noted that the general plan amendment is for both the hotel and apartment
project. James moved to adopt Resolution 00-191 approving the general plan amendment,
with the stipulation that the amendment on the apartment portion is for height, setbacks,
use, and the street-to-height ratio, and on the hotel portion thc amendment is for height
only. Burnett seconded and the motion carried 5-0.
lames moved to adopt Resolution 00-193. Chang seconded and the motion carried 5-0.
James moved to approve the use permit pursuant to Planning Commission Resolution No.
6033 with the addition of the radiant heating, as discussed. Burnett seconded and the
motion carried 5-0.
Burnett moved to grant a negative declaration for the aparhuent project. James seconded
and the motion carried 5-0.
Burnett moved to approve the Heart of the City exception per Planning Commission
Resolution No. 6028, and adopt Resolution No. 00-192, with an amendment to Section 2,
Finding No. 4, to allow the height to exceed 75 feet. James seconded, and the motion
carried 5-0.
Burner moved to approve the use permit per staff recommendation with the provision
that there shall be open access to the podium, with no gate and no door. The motion
carried 4-1 with Council m¢iiiber James voting no.
Piasecki said that the applicants for the hotel may want to proceed with the grading
pcmiit ahead of the other permits, with an understanding that there would be no vesting,
and that .they would hold the city haimless. If that is to take place, he would work with
the city attorney to prepare an agreement. City Attorney Charles Kilian said that was
acceptable if they wanted to take the risk of proceeding without the 30-day waiting period
for challenges.
23. Appeal and exception to the Planning Commission's decision of May 8, 2000, regarding
park fees stated in Resolution 6025: approval of Application 1-TM-00, Tentative Map to
subdivide a 8,818 sq. ft. parcel into two lots at 10440 South Blaney Avenue as listed in
Section IH item 14 of improvement agreement in the amount of $31,500.00. Appellant:
Ron Bennett.
Staff stated that the matter has been resolved, and the applicant will not be required to
pay park dedication fees for parcels that have existing houses on them.
June 19,12000 Cupertino City Council Pa e 17
24. Appeal of Planning Commission denial of Application 16-U-98, Adzich Properties - Use
pew~it to demolish an existing house and construct four single-family detached
residences on a net 12,480 square foot lot located at 10216 Pasadena Avenue.
Appellants: Radovan and Helen Adzich. Continuance requested to duly ] 7.
This item was continued to July 17.
25. Public hearings regarding permit parking.
· Student parking on Hyannisport Drive, Dolores Avenue, and McClellan Road
· Permit parking on McClellan Road between Byme Avenue and Madrid Road,
Resolution No. 00-194
Viskovich said there has been a new application since the hearings about Hysnnisport
and Dolores, and the request is to pwhibit parking on a portion of McClellan Road. As in
the other locations, the residents have been impacted by over-parking in front of their
homes. Another issue for discussion is whether to implement student parking permits on
Hyannisport and Dolores, and if council chooses to appwve the parking restriction, it
would also apply to McClellan Road.
He highlighted the steps being taken by the F~eaxont Union High School District,
including the addition of 32 stalls as a part of the modernization pwgram. Later when
some portable classrooms are removed, there will be 115 more spaces than when the
modernization program began. They are also committed to doing a comprehensive study
on-site for additional parking areas. They will add stalls where possible, and evaluate
programs to encourage student carpooling and bicycling. They will also evaluate the
possibility of a subsidized bus program, in which subsidized passes may be offered to
students or faculty at Monta Vista High School.
Mr. Gene Longinetti, representing the Fremont Union High School District, said that on
May 1 the city council voted to implement permit parking immediately, and to implement
a proposed pilot parking program developed by the parking task force committee for the
fall semester in 2000. They also asked that to include residents from Hymmisport and
Dolores Avenues, and said they would work to develop specific guidelines for
implementing the pilot program. On May 12, the task force committee met at Monta
Vista High School with residents Sandy Ravizza, Jackie Kreitzer, and Dennis Yao
representing Hyannisport, and Victoria Gomez and David Chert representing Dolores.
The committee met again on May 31, and Mr. Kawasaki from Hyannisport Drive also
attended. Mr. Longinetti said that the school district would strengthen its commitment to
encourage additional carpooling, bicycling and use of public transportation as a way to
minimize traffic and parking on the school site. Next year, Monta Vista High School will
work with the city to implement a $10,000 grant to increase safe bicycling routes
throughout the city. Also, the city and district staff have begun research and
implementation of traffic deaxand management system. The district is pleased to
announce that recent modifications at the site have resulted in parking for an additional
32 vehicles, even al[er 93 spaces were lost due to installation of portable classrooms. He
thanked the council, the community and all the members of the task force for their time,
hard work and commitment to this process.
June 19, 2000 Cupertino Cit Council Page
Ms. Allison Weeks, a student at Monta Vista High School, said she had been working
with three other students to help create, adopt and revise thc pilot program for Monta
Vista's parking problem. They have met with residents of Hyannisport and Dolores, the
vice principal, the student conduct liaison, and representatives from the City of Cupertino
and the Fremont Union High School District. They have drawn up a guide as to how the
pilot program will work. In addition to resolving the parking issue, they plan to find
more efficient ways to get many students to school. The guidelines say that students will
not be included in the pilot plan unless they live outside of a radius at least a half mile, in
the hope this will increase the number of students who walk to school every day.
Although the pilot program may not be perfect, the students at Monta Vista are
committed to meeting over the summer and next fall to continually improve the program.
Ms. Victoria Gomez, resident of Dolores Avenue, said when she originally spoke to
council she was very frustrated about this problem, but now she and the other residents
on her street are happy with the results. The residents, students, and school are working to
solve the problcni. She said two students have been assigned parking in front of her
house and it is working out well. She urged council to adopt the pilot program.
Mr. Chan, 21982 McClellan Road, said he was not familiar with this pilot program
because McClellan Avenue residents were left out of a lot of the discussions. Overall,
they are disappointed in the lack of consideration .of the parking problem in the
neighborhood and he did not think the student permit program was a long-term solution.
Mr. Chan shared some photographs showing the parking problem at his home. He said
there is also a safety issue on that road because people speed around the curb. They
asked to have speed bumps put in but that request was denied.
Mr. Kawasaki, resident of Hyannisport Drive, said there are already 30 cars parked there
from the high school, and if more are added it will be even worse. He has shown a video
of the parking problem, and he and the residents strongly opposed to this pilot program.
People who were assigned to other streets are still parking on Hyannisport. Viskovich
said that he thought Mr. Kawasaki may referring to existing visitors parking, which is
different from the student parking program. Mr. Kawasald said that to make this
success~l, it will require an extra effort from the city, students, and school to monitor the
program. Some residents may be intimidated by having to confront students who were
not parking in the right location.
Lowenthal agreed that the city must be actively involved. He did not think that further
permit parking should be allowed on McClellan at this time. They have not been
involved in the pilot student parking program, and it doesn't take into account the new
student spaces. He felt the pilot program should be tested first before extending permit
parking.
Viskovich explained that the speed bump request on McClellan was denied because it is a
collector street and it has to meet certain criteria in the neighborhoods. Bumett said he
was in favor of changing the standard, because any street that has people living on it
deserves protection of the residents' safety.
June 19, 2000 Cupertino City Council Page 19
Chang said that a meeting, or letter, or both should be arranged for the residents so they
all know what will be entailed in the pilot project. If there is a violation of the program,
people should understand who they should contact, whether that is the high school, the
sheriff, etc. Viskovich said that a followup report is planned for February of 2001.
James commended the committee on their work. She felt that McClellan Road residents
were entitled to some parking protection. She did not think the p~t~t,ltting issue is the
ultimate solution and the city should have further talks with the high school district about
who is responsible for enforcoiiient.
Viskovich said that there is a petition fxom the residents of McClellan requesting permit
parking, although they do not appear to want the student program. Burnett said that since
summer has arrived, and there will be extra parking spaces available next year, he would
suggest no change for McClellan Road at this time, but look at the situation when school
resumes in the fall to see if they still have a problem.
Lowenthal moved that permit parking not be instituted on McClellan Road at this time,
but that council reconsider that when school is back in session. Burner seconded and the
motion carried 5-0.
Burner moved to institute the student parking program on Hyarmisport and Dolores
Avenues. Lowenthal seconded and the motion carried 5-0.
PLANNING APPLICATIONS
UNFINISHED BUSINESS
27. First reading of Ordinance No. 1851: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code Relating to
Establishment of Parking Prohibition on the North Side of Bollinger Road From De AnT~
Boulevard West + 546 Feet."
The City Clerk read the title of the ordinance. Bumett moved and Sames seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the first
reading thereof. Motion carried 5-0.
ORDINANCES
28. Second reading and enactment of Ordinance No. 1849: "An Ordinance of the City
Council Of the City of Cupertino Prezoning an Existing Single-Family Residential Lot
Located at 21095 Grenola Drive to Pre RI-10 (single family residential) zoning district."
The City Clerk read the title of the ordinance. Burnett moved and James seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Motion carried 5-0.
Burnett moved and James seconded to enact Ordinance No. 1849. Motion carried 5-0.
June 19, 2000 Cupertino City Council Page 20
STAFF REPORTS - None
COUNCIL REPORTS
Lowenthal reported that the Library Joint Powers Authority joined a lawsuit against the State of
California with the County of Sonoma to end the Education Revenue Augmentation Fund
Bumett said the mayor and one of the city council members of Saratoga met with Harry Yahada,
who is in charge of this Caltrans district, and Sen. Byron Sher to talk about freeway noise
implementation. There was clear direction given to Caltrans to obtain studies as to whether the
ground concrete would work, and if not they would put an asphalt overlay on Highway 85.Sant,
Clara County Emergency Preparedness Commission
CLOSED SESSION
At 10:57 p.m. council recessed to an urgent closed session pursuant to Government Code Section
54956.9Co)(1), Significant exposure to litigation - Paul Fong vs. City of Cupertino. At 11:20
p.m., council reconvened. The City Attorney said that he had been advised to follow certain
strategies that are confidential.
ADJOURNMENT
At 11:20 p.m., the meeting was adjourned. The meeting of July 3 has been cancelled and the
next regular meeting will be July 17.
· Kimberly Smi~ Clerk