Packet.pdfTable of Contents
Agenda 3
Proclamations welcoming the PlaneTree Health Information
Center to the Cupertino Library
No written materials 9
Presentation by Hsinchu Sister City Committee
No written materials 10
May 8 City Council minutes
Draft minutes 11
May 15 City Council minutes
Draft minutes 13
Accounts Payable for period ending May 11, 2012
Draft Resolution 26
Accounts Payable for period ending May 18, 2012
Draft Resolution 34
Improvement Agreement, Sreenivasa Viswanadha and Alivelu
Viswanadha, 22017 San Fernando Court, APN: 357-12-005
Staff Report 45
A. Draft Resolution 46
B. Improvement Agreement 48
C. Map 59
Improvement Agreement, Chakravarthy Parvathaneni and
Rajitha Lanka, 10148 Prado Vista Ave, APN: 342-14-093
Staff Report 60
A. Draft Resolution 61
B. Improvement Agreement 63
C. Map 74
Alcoholic Beverage License, Islands Fine Burgers & Drinks,
20750 Stevens Creek Boulevard
Staff Report 75
Application for Alcoholic Beverage License 76
Collection of the AB 939 Implementation and Household
Hazardous Waste Fee
Staff Report 80
A. Draft resolution authoring agreement for AB 939 83
B. Draft resolution authoring agreement for Household
Hazardous Waste Collection 84
C. Agreement for AB 939 85
D. Agreement for Household Hazardous Waste
Collection 98
Second reading amending Cupertino Municipal Code Section
2.18.110 deleting the resolution of intent and removal provisions
regarding the City Attorney position
Draft ordinance 126
1
Consider a Development Permit, Architectural Site Approval
permit and implementing environmental documents for a new
development project generally at the southwest corner of
Stevens Creek Boulevard and Blaney Avenue and an expansion
at the Lake Biltmore Apartments at 10159 S. Blaney Avenue
City Council Staff Report (Revised2)128
A. Resos 6694, 6695, 6696 135
B. Resos 6697, 6698, 6699 154
C. PC Staff Report 172
D. Arch Recommendations 184
E. Arborist Report 193
F. Transportation 242
G. School Impact 301
H. Initial Study 324
I. Real Estate Recommendations 448
J. Neighborhood Meeting 451
K. Public Comments Prior to PC 452
L. Additional Public Comments & Desk Items from
5/8/12 PC Meeting 464
M. Supplemental Drawings 472
N. Plan Set 478
Conduct public hearing and adopt Fiscal Year 2012-13 Budget
Staff Report 507
Annual approval and renewal of the collection of existing storm
drain fees at no increase in rates for fiscal year 2012-2013
Staff Report 508
A. Draft Resolution, Approving the Renewal and
Collection of the Existing Storm Drain Fees 510
Objections to proposed removal of brush and order abatement
of potential fire hazard. NOTE: County Fire inspected all
properties again and they are all in compliance so there is no
need for a hearing
No written materials 516
Alternative Retirement System for Temporary and Part-Time
Employees
Staff Report 517
Draft Resolution 519
Agreement for Administrative Services 521
League of California Cities Annual Conference September 5-7
in San Diego
Staff report 530
Conference Information 531
Clarify when the use of teleconferencing in connection with its
City Council meetings is permitted
Staff report 534
Draft resolution defining strongly discouraged 535
Draft resolution deleting the teleconferencing option 536
Resolution 11-074 538
2
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
SUCCESSOR TO THE REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Monday, June 4, 2012 6:45 PM
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject : Proclamations welcoming the PlaneTree Health Information Center to the
Cupertino Library
Recommended Action : Present proclamations
Description : Proclamations will be presented to represen tatives of the PlaneTree Health
Information Center, and also to the representatives of organizations that made the
collaboration possible, including the Cupertino Library Foundation and the Santa Clara
County Library District
No written materials
Page : No written materials in packet
2. Subject : Presentation by Hsinchu Sister City Committee
Recommended Action : Accept presentatio n
No written materials
Page : No written materials in packet
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the me eting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on th e agenda.
3
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
3. Subject : May 8 City Council m inutes
Recommended Action : Approve minutes
Draft minutes
Page : 11
4. Subject : May 15 City Council minutes
Recommended Action : Approve minutes
Draft minutes
Page : 13
5. Subject : Accounts Payable for period ending May 11, 2012
Recommended Action : Adop t Resolution No. 12 -057
Draft Resolution
Page : 26
6. Subject : Accounts Payable for period ending May 18, 2012
Recommended Action : Adopt Resolution No. 12 -058
Draft Resolution
Page : 34
7. Subject : Improvement Agreement, Sreenivasa Viswanadha and Alivelu Viswanadha, 22017
San Fernando Court, APN: 357 -12 -005
Recommended Action : Adopt Resolution No. 12 -059
Description : Through the improvement agreement with the City, the applicants for a building
permit for a single -family residential development w ill be obligated to bond and construct
city -specified roadside improvements along the street frontage of their building site
Staff Report
A. Draft Resolution
B. Improvement Agreement
C. Map
Page : 45
4
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
8. Subject : Improvement Agreement, Chakravarthy Parvathaneni and Rajitha Lanka, 10148
Pr ado Vista Ave, APN: 342 -14 -093
Recommended Action : Adopt Resolution No. 12 -060
Description : Through the improvement agreement with the City, the applicants for a building
permit for a single -family residential development will be obligated to bon d and construct
city -specified roadside improvements along the street frontage of their building site
Staff Report
A. Draft Resolution
B. Improvement Agreement
C. Map
Page : 60
9. Subject : Alcoholic Beverage License, Islands Fine Burgers & Drinks, 20750 Stevens Creek
Boule vard
Recommended Action : Approve application for On -Sale General (47)
Staff Report
Application for Alcoholic Beverage License
Page : 75
10. Subject : Collection of the AB 939 Implementation and Household Hazardous Waste Fee
Recommended Action : a. Adopt Resolution No. 12 -061 , authorizing execution of the
Agreement for Countywide AB 939 Implementation Fee for FY 2012 -2015; b. Adopt
Resolution No. 12 -062 , authorizing execution of the Agreement for Countywide Household
Hazardous Waste Coll ection Program for FY 2012 -2015
Staff Report
A. Draft resolution authoring agreement for AB 939
B. Draft resolution authoring agreement for Household Hazardous Waste Collection
C. Agreement for AB 939
D. Agreement for Household Hazardous Waste Collection
Page : 80
SECOND RE ADING OF ORDINANCES
11. Subject : Second reading amending Cupertino Municipal Code Section 2.18.110 deleting the
resolution of intent and removal provisions regarding the City Attorney position
Recommended Action : Conduct second reading and enact Ordin ance No. 12 -2096: "An
Ordinance of the City Council of the City of Cupertino amending Chapter 2.18 of the
Cupertino Municipal Code regarding the City Attorney position"
Draft ordinance
Page : 126
5
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
PUBLIC HEARINGS
12. Subject : Consider a Development Permit, Architectural Site Approval permit and
implementing environmental documents for a new development project generally at the
southw est corner of Stevens Creek Boulevard and Blaney Avenue and an expansion at the
Lake Biltmore Apartments at 10159 S. Blaney Avenue
Recommended Action : a.) Approve a Development Permit to allow the demolition of an
approximately 21,000 square foot exis ting commercial building and the construction of a
mixed -use project consisting of 87 apartment units and a 7,000 square foot commercial
building; Architectural and Site approval for a new mixed use development consisting of 87
apartment units and a 7,000 square foot commercial building; Tree Removal Permit to allow
the removal and replacement of approximately 57 trees to facilitate the construction of a new
apartment complex; adopt a Mitigated Negative Declaration; b.) Approve Development
Permit to allow t he construction of 12 new residential units at an existing apartment complex;
Architectural and Site approval for 12 new residential units within an existing apartment
complex; Tree Removal Permit to allow the removal and replacement of approximately 5
tre es to facilitate the construction of two new apartment buildings; adopt a Mitigated
Negative Declaration
Description : a.) Application No(s): DP -2011 -06, ASA -2011 -20 (EA -2011 -16), TR -2012 -18;
Applicant: Mike Ducote (Prometheus Real Estate); Location: 2 0030, 20060 Stevens Creek
Blvd, 10041 Blaney Ave (including the vacant lot to the rear); APN: 369 -03 -003; 004; 006;
007; b.) Application No(s): DP -2011 -05, ASA -2011 -19 (EA -2011 -15), TR -2012 -13;
Applicant: Mike Ducote (Prometheus Real Estate); Location: 101 59 S Blaney Ave (Lake
Biltmore); APN 369 -03 -008
City Council Staff Report (Revised2)
A. Resos 6694, 6695, 6696
B. Resos 6697, 6698, 6699
C. PC Staff Report
D. Arch Recommendations
E. Arborist Report
F. Transportation
G. School Impact
H. Initial Study
I. Real Estate Recomm endations
J. Neighborhood Meeting
K. Public Comments Prior to PC
L. Additional Pub lic Comments & Desk Items from 5/8/12 PC Meeting
M. Supplemental Drawings
N. Plan Set
Page : 128
6
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
13. Subject : Conduct public hearing and adopt Fiscal Year 2012 -13 Budget
Recommended Action : Review annual budget and receive public comments before adoption
on June 19, 2012
Staff Report
Page : 507
ORDINANCES AND ACTION ITEMS
14. Subject : Annual approval and renewal of the collection of existing s torm drain fees at no
increase in rates for fiscal year 2012 -2013
Recommended Action : Adopt Resolution No. 12 -063
Staff Report
A. Draft Resolution, Approving the Renewal and Collection of the Exi sting Storm Drain Fees
Page : 508
15. Subject : Objections to proposed removal of brush and order abatement of potential fire
hazard. NOTE: County Fire inspected all properties again and they are all in compliance so
there is no need for a hearing
Recom mended Action : Table item
No written materials
Page : 516
16. Subject : Alternative Retirement System for Temporary and Part -Tim e Employees
Recommended Action : Adopt Resolution No. 12 -064
Description : Approve an Alternative Retirement System provided by Public Agency
Retirement Services (PARS) in lieu of Social Security for employees not eligible for
enrollment in the Cal ifornia Public Employees Retirement System (CALPERS) and direct the
City Manager to execute the trust agreement and all necessary documents
Staff Report
Draft Resolution
Agreement for Administrative Services
Page : 517
17. Subject : League of California Cities Annual Conference September 5 -7 in San Diego
Recommended Action : Designate voting delegate and up to two alternates
Staff report
Conf erence Information
Page : 530
7
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
18. Subject : Clarify when the use of teleconferencing in connection with its City Council
meetings is permitted
Recommended Action : Consider adopting one of the attached resolutions; either clarifying
the conditions und er which teleconferencing may be used; or deleting the teleconferencing
option, Resolution 12 -065
Staff report
Draft resolution defining strongly discouraged
Draft resolution deleting the teleconferencing option
Resolutio n 11 -074
Page : 534
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Redevelopment Agen cy must be brought within 90 days
after a decision is announced unless a shorter time is required by State or Federal law.
Any interested person, including the applicant, prior to seeking judicial review of the city council’s
decision with respect to quas i -judicial actions, must first file a petition for reconsideration with the city
clerk within ten days after the council’s decision. Any petition so filed must comply with municipal
ordinance code §2.08.096.
In compliance with the Americans with Disabilit ies Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk’s office at 408 -777 -3223 at least 48 hours in advance of the meeting.
A ny writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300
Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
8
CITY COUNCIL STAFF R EPORT
Meeting: June 4 , 2012
Subject : Presentation by the Library Commission
NO WRITTEN MATERIALS IN PACKET
9
CITY COUNCIL STAFF R EPORT
Meeting: June 4 , 2012
Subject : Presentation by Hsinchu Sister City Committee .
NO WRITTEN MATERIALS IN PACKET
10
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
Tue s day, May 8 , 201 2
ROLL CALL
At 3:36 p.m. Mayor Mark Santoro called the meeting to order in City Hall Conference Room A,
10300 Torre Avenue, Cupertino, California.
Present: Mayor Mark Sant oro , Vice -Mayor Orrin Mahoney , and Council members Barry Chang,
and Rod Sinks . Absent: Council member Gilbert Wong .
COMMISSION INTERVIEWS
1. Interview applicants for vacancies on the Teen Commission.
Written Communications for this meeting included a l etter to Council from the Teen
Commission with a recommended list of ch aracteristics for the upcoming Teen
C ommission members.
The City Council interviewed 57 applicants from grades eight through twelve. The
following 4 individuals were appointed to 2 -year terms:
Meyhaa Buvanesh
Chris Doyle
Celine Mol
Carissa Chan (1 year term)
ORAL COMMUNICATIONS - None
ADJOURNMENT
At 1 0 :30 p.m. the meeting was adjourned.
____________________________
Kirsten Squarcia , Recording Secretary
For more information: S taff 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 .
11
May 25, 2011 Cupertino City Council Page 2
Most Council meetings are shown l ive 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 t he Cupertino City
Channel, 777 -2364.
12
DRAFT MINUTES
Special Meeting
May15 , 2012
ROLL CALL
At 6:00 p.m. Mayor Santoro called the meeting to order in City Hall Conference Room A.
Present: Mayor Mark Santoro, Vice -Mayor Orrin Mahoney, and Council members Barry Chang
(6:03), Rod Sinks, and Gilbert Wong. Absent: None
COMMITTEE INTERVIEWS
1. Subject : Audit Committee interviews
Recommended Action : Interview applicants for vacancies on the Audit Committee
The City Council interviewed Eno Schmidt for a vacancy on the Audit Committee. Council
appointed Eno Schmidt to fill a partial term ending January, 2013.
At 6:12 p.m. City Council recessed.
ROLL CALL
At 6:16 p.m. President Santoro called the Successor to the Redevelopment Agency to order and
went into closed session. Present: President Mark Santoro, Vice -President Orrin Mahoney, and
Directors Barry Chang, Rod, Sinks, and Gilbert Wong. Absent: None.
2. Subject : Successor to the Redevelopment Agency; Conference with Legal Counsel –
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (one case)
At 6:45 p.m. the Successor to the Redevelopment Agency reconvened in open session.
President Santoro announced that the Agency discussed the issue and took no action.
ADJOURNMENT
At 6:46 p.m. President San toro adjourned the Successor to the Redevelopment Agency meeting.
PLEDGE OF ALLEGIANCE
At 6:47 p.m. Mayor Mark Santoro reconvened the City Council meeting and called the meeting
to order in the Council Chamber, and led the Pledge of Allegiance.
13
May 15, 2012 Cupertino City Council Page 2
ROLL CALL
Present: Mayor Mark Santoro, Vice -Mayor Orrin Mahoney, and Council members Barry Chang,
Rod Sinks, and Gilbert Wong. Absent: None
CEREMONIAL MATTERS AND PRESENTATIONS
3. Subject : Proclamation to recognize and acknowledge Public Works Week in Cu pertino
Recommended Action : Present proclamation
Mayor Santoro presented the proclamation to Director of Public Works Timm Borden.
Director Borden said that Public Works Week has been celebrated for 60 years and that there
is a poster each year with t his year’s poster celebrating the 75 th anniversary of the Golden
Gate Bridge. He note d that about one -third of the Ci ty staff are maintenance workers who are
out every day taking care of the s t reets, parks, and facilities for the community . This year ,
Ser vice Center employees were a sked which employee should receive the proclamation and
employees voted unanimously for Chylene Osborne. Timm explained that Chylene has been
the Administrative Clerk for the Service Center for about 10 years , and that she oversees the
office operations with exceptional customer service , always has a smile, and puts her heart
and soul into her work . Director Borden presented the proclamation to Administrative Clerk
Chylene Osborne.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Jacqueline Chan g described her experience with almost being hit by a car while walking to
school. She requested that Council address the safety of crosswalks.
Adri an Kolb, speaking on behalf of the Library Commission , provided an update . She said that
c irculation remains high and o ver 4,000 library cards have been sold to non -residents with 80%
of resident s having library cards. She noted that g reen at home kit s with a tool box of various
items to help people improve green projects at home are available, the eco zone in the library has
easy access to resources , and li brary ecotabs provide details and tips about sustainability, like
how to use less water. She also said that the Library Commission is working i n collaboration
with the T echnology I nformation Communications Commission , C ity staff , and De Anza College
to hold an educational speaker series on environmental topic s . She announced that the Plain T ree
Help C enter is up and running and is holding a g rand opening on Friday, June 8 at 7:00 p .m. at
the l ibrary . She also noted that the Poet L aureate program had standing room only during one of
its events and invited the Council to vi sit the redesigned reading room in the library as well as the
grand opening of the Plain Tree Help Center . She th anked Council, the Friends of Library , the
Library Foundation, and the City of Cupertino for their support .
14
May 15, 2012 Cupertino City Council Page 3
CONSENT CALENDAR
Mahoney moved and Wong seconded to approve the items on the Consent Calendar with the
changes as discussed to item number s 5 and 11. Ayes: Chang, Mahoney, Santoro, Sinks, and
Wong. Noes: None. Abstain: None.
4. Subject : April 17 City Council minutes
Recommended Action : Approve minutes
5. Subject : May 1 City Council minutes
Recommended Action : Approve minutes
6. Subject : Accounts Payable for period ending April 27, 2012
Recommended Action : Adopt Resolution No. 12 -048
7. Subject : Accounts Payable for period ending May 4, 2012
Recommended Action : Adopt Resolution No. 12 -049
8. Subject : Alcoholic Beverage License, Yang BBQ, Inc, 10831 N Wolfe Road
Recommended Action : Accept application
9. Subject : Alcoholic Beverage License, Mama Chen's Kitchen, 19052 Stevens Creek Boulevard
Recommended Action : Accept application
10. Sub ject : Authorize the City Manager to execute a funding agreement with the Santa Clara
Valley Transportation Authority (VTA) enabling the City to receive funds from the 2010
Vehicle Registration Fee
Recommended Action : Adopt Resolution No. 12 -050
11. Subject : City of Cupertino Local Hazard Mitigation Plan
Recommended Action : Adopt Resolution No. 12 -051
12. Subject : Cancel the July 17 City Council meeting
Recommended Action : Cancel meeting
SECOND READING OF ORDINANCES
13. Subject : Sec ond reading of an ordinance amending Chapter 6.24 (Garbage and Recycling
Collection and Disposal) of the Cupertino Municipal Code to address “Mandatory Recycling”
requirements (AB 341) for multi -family and commercial business recycling
Recommended Action : Conduct second reading and enact Ordinance No. 12 -2094: "An
Ordinance of the City Council of the City of Cupertino amending Chapter 6.24 (Garbage and
Recycling Collection and Disposal) of the Cupertino Municipal Code to address “Mandatory
Recycling” req uirements (AB 341) for multi -family and commercial business recycling
adding Section 6.24.035 (Mandatory Recycling) and amending Section 6.24.020
(Definitions) and 6.24.300 (Unauthorized Garbage Collection)
15
May 15, 2012 Cupertino City Council Page 4
City Clerk Grace Schmidt read the title of the ordinance.
Mahoney moved and Wong s econded to read the ordinance by title only, and that the City
Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro,
Sinks and Wong. No es: None.
Mahoney moved and Wong seconde d to enact Ordinance No. 12 -2094 . Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None.
14. Subject : Second reading amending Cupertino Municipal Code 2.28:1) removing the
residency requirement for the city manager position;2) amending the number of City Council
votes required to remove the City Manager from a 4/5 vote to a majority; and 3) deleting the
resolution of intent and removal provisions
Recommended Action : Conduct the second reading and enact Ordinance No 12 -2093: "An
Ordinance of the City Council of the City of Cupertino amending Chapter 2.28 of the
Cupertino Municipal Code regarding the Ci ty Manager position"
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Mahoney s econded to read the ordinance by title only, and that the City
Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santo ro,
Sinks and Wong. Noes: None.
Wong moved and Mahoney seconde d to enact Ordinance No. 12 -2093 . Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None.
15. Subject : Second reading of "Massage Establishment and Services" Ordinance
Recommended Action : Conduct the second reading of Ordinance No. 12 -2095: "An
Ordinance of the City Council of the City of Cupertino revising Chapter 9.06 of the
Municipal Code, entitled, "Massage Establishments and Services" to conform to changes in
state law"
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Chang s econded to read the ordinance by title only, and that the City
Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro,
Sinks and Wong. Noes: None.
Wong moved and Chang seconde d to enact Ordinance No. 12 -2095 . Ayes: Chang, Mahoney,
Santoro, Sinks, and Wong. Noes: None.
PUBLIC HEARINGS
16. Subject : Appeal for Islands Restaurant Bar and Late Night Hours
Recommended Action : Approve or Deny Appeal of U -2012 -01
Description : Application No(s): U -2012 -01; Applicant: Fancher Development (Byer
Properties); Location: 20750 Stevens Creek Blvd APN# 359 -08 -013, 359 -08 -006; Use
16
May 15, 2012 Cupertino City Council Page 5
Permit to allow a restaurant to operate until 12 am Sunday through Friday, until 1 am on
Saturday and to allow separate bar facilities.
Assistant Planner George Schroeder reviewed the staff report.
Council member Chang said that he appealed this item because he was surprised to learn that
a bar and late hours were included in the project and that he was concerned about t he safety
of customers in the parking lot during late hours.
The a pplicant assured C ouncil that a bar was undetermined at the time that they applied for
the shell of the building and that they did p resent the operation of a bar to the Planning
Commission and was willing to discuss it a s part of the appeal process. He said that it was
not ed during the November 13 C ouncil meeting that there would be a bar included and that
they would be applying for a permit to operate a separate bar , even though their bar is not
considered a separate bar .
Mark Matsumoto, Chamber of Commerce , said that the Chamber support s the Planning
Commission’s approval of the Islands Restaurant application.
Maho ney moved and Wong seconded to deny the appeal. The m otion carried with Chang
abstaining.
17. Subject : Consider a Petition for Reconsideration and conduct the reconsideration hearing for
the approved Bollinger Road Project
Recommended Action : 1) Consider the petition for reconsideration and Adopt Resolution
No. 12 -052 approving the Petition seeking Council reconsideration of the Bollinger Road
Project; and 2) Conduct the reconsideration hearing for the Bollinger Road Project. Staff
recommend s that the City Council uphold its original approval, which included: Granting a
negative declaration for the project; Approving the project per the Planning Commission
resolutions with the added requirement to prepare a comprehensive construction manageme nt
plan, and direction to staff to design the residence on Lot #4 so that the garage and driveway
do not face the existing residences
Description : Pursuant to CMC 2.08.096, a Petition for Reconsideration of the City Council's
decision to approve a tenta tive map that allowed the subdivision of 1.14 acre parcel into five
lots ranging in size from 7,040 square feet to 11,096 square feet; and a variance to allow
reduced lot widths for four of the five new lots surrounding the proposed cul -de -sac that do
not meet the minimum lot width requirements; Applications: TM -2012 -01, V -2012 -01, EA -
2012 -01; Location: Western Terminus of Bollinger Road, APN 359 -22 -077; Applicant:
McClellan Development; Petitioner: Arthur Dong; Property Owner: Lands of Jauch
Director of Community Development Aarti Shrivastava reviewed the staff report.
Wong moved and Sinks seconded to adopt Resolution No. 12 -052 approving the Petition
seeking Council reconsideration of the Bollinger Road Project and directed staff to refund the
fee to the petitioner. The motion carried unanimously.
17
May 15, 2012 Cupertino City Council Page 6
Arthur Dong, the petitioner , stated that neighborhood safety, noise, and traffic control are
issues that should be addressed. He said that he may lose rental income due to construction
noise and asked w ho will reimburse him for the loss of income. He stated that he believes
that four houses instead of five would reduce traffic and noise.
Jim Yee, representing the applicant , reminded Council that they had originally proposed six
homes and now they are proposing five . He indicated that i f the number is reduced down to
four , the lot s would be larger than the adjacent neighborhood. He said the only exception they
are requesting is a deviation to lot width and that there was no deviation from the guidelines .
Xiangqun Xu said that he feels the best solution is to build four houses instead of five so
there is no minimum lot width issue , no code violation , less traffic , and the neighbors would
be happy with solution. He noted that he thinks f our house s would make less money than five
for the developer, but feels that neighbors’ desires should be considered.
Wong moved and Mahoney seconded to uphold Council’s original approval. Chang stated
that he would be voting no not because he was against development but because his main
concern is for the public and he disagreed with staff’s recommendation. The m otion carried
with Chang voting no.
Council recessed from 8:03 p.m. to 8:10 p.m.
18. Subject : Main Street Cupertino mixed -use develop ment
Recommended Action : Approve Modifications (M -2011 -09) to the previously -approved
Master Use Permit (U -2008 -01), Architectural and Site Approval (ASA -2008 -06) and Tree
Removal Permit (TR -2008 -08) to allow for a hotel of up to 180 rooms; 138,700 squa re feet
of retail/athletic club space; a 0.8 -acre town square; up to 260,000 square feet of office space;
143 senior age -restricted units (no condominiums); a 0.75 -acre park; removal of 61 trees and
relocation of 17 trees; Architectural and Site Approval (ASA -2011 -24) for the retail buildings
and hotel where architectural elevations have been provided; Tentative Map (TM -2011 -04)
for a total of four fee simple lots with 143 senior age -restricted units (no condominiums);
Modification of Condition No. 5 to rep lace the requirement for a 400 -person banquet facility
with a 6,500 square foot restaurant and meeting space; Extension of permit to expire five
years from the date of approval of this modification; Preservation of the existing Ash trees
along Vallco Parkw ay as the street trees; Allowance to apply faux balconies, rather than
useable balconies, on the hotel exterior; Removal of the requirement in Condition No. 6
requiring that the applicant provide free VTA passes to the seniors living in the senior
housing complex for one year; and the 2012 Addendum to the 2009 Final Environmental
Impact Report
Description : Application(s): M -2011 -09, ASA -2011 -24, TM -2011 -04 (EA -2011 -18);
Applicant: Kevin Dare (500 Forbes, LLC); Location: North side of Stevens Creek Boulev ard
(3 vacant lots) on both sides of Finch Avenue and west of N. Tantau Avenue; APN # 316 -20 -
085, 316 -20 -078, 316 -20 -079
Senior Planner Aki Honda Snelling reviewed the staff report.
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May 15, 2012 Cupertino City Council Page 7
Wong moved and Mahoney seconded to combine items 18 and 19 and allow th e public to
speak on both ite ms at one time. The motion carried unanimously. Chang then said he
opposed the combination of items 18 and 19 since the public would only have three minutes
to speak on two items. Sinks moved and Mahoney seconded to reverse th e prior motion. The
m otion carried unanimously.
Mayor Santoro reordered the agenda and opened the public hearing on item number 19. After
more discussion, Council member Sinks said his motion intent was to take the items in order.
Mayor Santoro then went back to the original agenda order and opened the public hearing on
item number 18.
Kevin Dare, applicant noted that they have received comments from hundreds of people over
the years since the original approval in 2009 and have incorporated many of the comments
into the plans to significantly improve them . The Tentative Map approved was for seven lots
and 143 condominiums . Changes m ade to the plan requi re the need to create several
commercial condo minium s. He r equeste d that Council s upport the P lanning C ommission ’s
recommendation to provide two parcels for office space. Mr. Dare showed pictures of what
the hotel interior might look like and proposed m oving retail to S tevens Creek Boulevard .
Mr. Dare also stated that they ne ed to have a staging area whil e working and proposed that
completion be tied to senior housing rather than the park so that the park could be the staging
area.
Ken Rodrigues gave a Power p oint presentation showing a series of sketches and vignettes
based on three years of design . He said they feel strongly that the main entrance to the project
needs to have a visual focal point that is transparent and that the size is very important. Mr.
Rodrigues noted that at Santana Row, the stores are small on the inside and larger on the
ou tside , so during winter no one uses the outside space. He indicated that a c ombination of
two 1 ,500 feet spaces front and rear are more appropriate. Mr. Rodrigues also pointed out
that they are s eeking LEED certification of some level on the entire project and that the hotel
elevation needed to be refined and open out to the town square to be more consistent with the
other buildings. He also requested that C ouncil approve 53,538 square feet of restaurant
space and that the park area be used for construction staging .
Kevin Dare requested again that the park completion be tied to the senior housing so that it
could be used as the staging area for the project.
Emily Shieh , homeowner from Metropolitan, said that with the proposed A(1)-2 plan, the
senio r housing and park are moved to the back and the Metropolitan is sandwiched between
the parking areas without a buffer. She explained that she is c oncerned about traffic safety
issues between the Metropolitan and Main Street and that she does not support th e option
A(1)-2. She urged Council to be sensitive to the needs of residents living next to the Main
Street project.
Lisa Warren said she had sent an email to Council and stated that she is concerned about the
phasing of the project . She stated that she a ppreciates the efforts of everyone, but is
concerned about the lack of elevation and the review design process. She requested that more
e ffective noticing for design review be established .
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May 15, 2012 Cupertino City Council Page 8
Steve Scharf said that he agrees with Dr. Lum to build the proje ct . He stated that t he
applicant met with them many times and removed market rate housing . He noted that people
who purchased homes at the Metropolitan knew something was going to be put right next
door.
Tom Hugunin said that this land has seen lots of action with a referendum over the years . He
stated that he supports the approval of the project and that s enior housing was a good
compromise. He also requested information regarding the transient occupancy tax and
whether it can be modified for people staying more than 30 days. Director of Community
Development Aarti Shrivastava stated that there is a project condition that is lim i ted to 30
days . City Attorney Carol Korade noted that S tate law prohibits someone from staying past
30 days .
Keith Murphy said that the developer has done a lot of outreach. He stated that there s hould
be more commercial and retail development in the southern part and not more market rate
housing. He said he s upported moving the project forward.
Jennifer Chang, homeowner of the Met ropolitan and HOA B oard , said she s upported the
2009 approval of Main Street. She noted that the original plan had the park in a different
location which provided a buffer between the two projects. She also noted that the previous
developer had promised a gate but never installed one. She stated she is concerned about the
construction staging and requested that the staging area of phase I b e away from their homes
and towards the east corner .
Jennifer Griffin said that she would like Council to move forward with the project. She noted
that she would like to see the senior housing included and that it was a good location for it .
She expressed concer n about traffic issues and wanted to m ake sure any building stays on site
so streets wouldn’t be closed.
Mark Matsumoto spoke on behalf of Art Cohen who said he supported the project.
Leslie Fowler said that she is concerned about the downtown pro ject being business as usual
and wanted to see something more radical w ith respect to sustainability. She described the
Oberlin project and suggested that more green and open spaces be incorporated into the
project .
Elaine Chong , resident of the M etropol itan , expressed concern about what would be built at
the Main Street project. She said she opposes a parking garage or auto entrance being built
directly next door to the Metropolitan. She noted that she supports a buffer zone that is as
wide as poss ible between the two projects. She urged Council to consider the resident’s
concerns .
Fidelia Butt , homeowner at the Metropolitan , said she feels that the n ew plan reduces the size
of green space from what was previously agreed upon. She urged Council to respe ct the
resident’s concerns.
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May 15, 2012 Cupertino City Council Page 9
Angeline Lim said that she sent Council members an email talking about green space and
public health. She noted that r esidents at the Metropolitan were happy with the 2009 approval
but are now disappointed about so much change. She said she supports a 20 -foot buffer zone
that was promised in 2009 and urged Council to consider the concerns of the residents when
making their decision.
Terry Lydon , resident of the M etropolitan , said he suppor ts fellow residents. He suggested a
c ompromise of keeping the auto parkway physically where it us, but to put it underground.
Al Di F rancesco said that he felt it was unfortunate that the M etropolitan was built like it was.
He s aid he s upports moving for ward with Main Street.
Christine Evans, M etropolitan HOA, present ed a petition signed by over 80 homeowners
regarding the A(1)-2 plan. She urged Council to m odify the plan to include a buffer .
Martin Won said that Sand Hill did a great job reaching out to residents. He expressed
concern that the l atest proposal has a limited amount of green and open space and positioning
leaves something to be desired. He said he feels that the C ity does not need a continu ous
commercial space on S tevens C reek B oulevard . He noted that he supports having the p ark as
a top priority and feels it should face Stevens Creek rather than retail .
Ruby Elbogen said that she proposed the park and wishes she hadn’t now because of the
dispute. She noted that she feels that Main Street is go ing to be a good downtown area and
would like to see the hotel upgraded and restaurants be at least 30 percent of the site. She also
noted that the Marketplace is half the size and has mostly restaura nts that are very successful.
She said she also supports having some small loft -type housing over the stores, and feels that
a 50+ project would not work here. She said she supports s tart ing the project right away and
supports walk ability within the project .
Ophelia Cha n, resident of the Metropolitan, expressed concern about the buffer between
projects and the los s of privacy if a parking lot is located next to the homes . She stated she is
also concerned about the s taging area due to the noise and dust that young children would be
exposed to .
Mayor Santoro closed the public hearing.
Council unanimously approved the following:
Modification (M -2011 -09) to the 2009 Master Use Permit (U -2008 -01), Master Site and
Architectural Approval (A SA -2008 -06) and Tree Removal Permit (TR -2008 -08) based upon
Option A(1)-2 plan, dated April 30, 2012, to allow for a 180 -room hotel, 260,000 square feet
of office, up to 138,700 square feet of retail space, 143 age -restricted senior housing units, a
0.80 a cre town square, a 0.75 acre park, and a five -level parking garage with two levels
below ground; modification to the Master Site and Architectural Approval; and removal of
61 trees and relocation of 17 trees.
1. Wong moved and Mahoney seconded to approve the Architectural and Site Approval
(ASA -2011 -24) for retail shops 2 -5, building pad 3 and the hotel.
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May 15, 2012 Cupertino City Council Page 10
2. Wong moved and Mahoney seconded to approve the Tentative Map for five (5) lots and
no condominiums.
3. Wong moved and Mahoney seconded to approve the 2012 Addendum to the Final
Environmental Impact Report.
4. Sinks moved and Wong seconded to revise Condition No. 3 to add that Permits for Phase
I shall expire three (3) years after the approval of this modification; Permits for Phase II
shall expire four (4) yea rs after the approval of this modification. The park shall be
completed to the satisfaction of the City within four (4) years from the d ate of approval of
this permit.
5. Mahoney moved and Sinks seconded to revise Condition No. 10 on the vacation of Finch
Avenue as follows (see below):
“The vacation of Finch Avenue is necessary to support this development. The
vacation will be processed according to procedures set by the Streets and
Highways Code and the Municip al Code. A bond will be required prior to
issuance of permits for street modifications that will allow Finch Avenue to be
reverted back to a standard City street in the case that the construction of the
project is not completed. The Developer shall ins tall and complete the street
modifications within two (2) years of approval of the Final Map, or such longer
period as may be specifically authorized in writing by the City Engineer. Public
access easements, for both vehicular and pedestrian travel, will be provided across
the improved site, to link Stevens Creek Boulevard with Vallco Parkway, as well
as provide public access to the park and the “town center” plaza area. Failure to
complete the improvements within the specified time will result in the rev ersion of
Finch Avenue to a standard City street and the ownership of the former Finch
Avenue right -of -way shall revert back to the City. The reversion of Finch Avenue
back to a City street shall be subject to approval by the City Attorney and Director
of Public Works.”
6. Mahoney moved and Wong seconded to revise Condition No. 31.B.3 to say that Hotel
type as a Marriott Residence Inn is acceptable; however, the Architectural and Site
Approval application for the interior and exterior design of the hotel must return back to
the City Council for review and approval. The exterior architectural design of the hotel
shall be of the same quality and design standard as the example provided by the applicant
of the Marriott Residence Inn in the Gaslamp district of San Diego.
7. Mahoney moved and Sinks seconded to retain the proposed retail pads in the Town
Square at the sizes proposed (1,500 square feet for the south pad and 2,000 square feet for
the north pad) in Site Plan Option A (1)-2 but required redesign of the pad b uildings to be
of a more open architectural style in keeping with the Architectural Advisor’s
recommendations.
8. Mahoney moved and Sinks seconded to add a parking garage entrance and exit along the
south side of the parking garage from the Stevens Creek Boul evard driveway entrance
nearest to Tantau Avenue.
9. Mahoney moved and Sinks seconded to amend Condition No. 46 to add the following -
provide a minimum 20 -foot wide landscape buffer along the west side of the project site,
22
May 15, 2012 Cupertino City Council Page 11
adjacent to the Metropolitan mixed -use development site, and reduce the park size
accordingly so that the buffer and park total 0.75 -acres.
10. Mahoney moved and Sinks seconded to p rovide a retail building north of the retail shop 8
building between the park and Town Square.
11. Mahoney moved and Sinks seconded to revise Condition No. 23 on the construction
phasing of the development based on staff’s r evised conditions (see below):
Phase I shall include all buildings, except for the park and the senior housing site. Phase
II shall include the park and senior housing.
A performance bond for the construction of the park (not less than $1.125 million) shall
be required in Phase I. The applicant shall work with staff on the appropriate timing for
acceptance of the performance bond and completion of t he park. If the park is not
completed to the satisfaction of the City within four (4) years from the date of approval of
the permit, the City shall have the option of calling in the bond and constructing the park.
A. Prior to granting a certificate of occupa ncy for the first of the hotel or office buildings,
the Town Square, street and sidewalk improvements along Finch Avenue loop and the
street and sidewalk improvements along the interior roadway connecting Finch
Avenue loop to the office parcel shall be com pleted to the satisfaction of the City.
B. Prior to granting a certificate of occupancy for the second of the hotel or office
buildings, certificates of completion for shell, core, exterior facades and related
landscaping and improvements shall be obtained f or at least 50% of the retail
approved for Phase I of the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office
buildings, certificates of completion for shell, core, exterior facades and related
landscaping and improve ments shall be obtained for all the retail buildings located
east of Finch Avenue loop.
12. Mahoney moved and Sinks seconded to require the applicant to return to the City
Council, no later than six months from the date of the project approval, to update the
Council on the progress related to developing the senior housing apartments and discuss
alternatives for the northwest corner of the site.
13. Mahoney moved and Wong seconded to remove the requirement for useable balconies on
the hotel; faux balconies are acceptable.
14. Mahoney moved and Wong seconded to remove the requirement for free VTA passes for
seniors living in the senior housing complex.
15. Wong moved and Mahoney seconded to preserve the existing Ash trees as the street tree
along Vallco Parkway.
16. Mahoney moved and Wong seconded to modify Condition No. 5 of the original 2009
Master Use Permit conditions to allow a 6,500 square foot restaurant with meeting space
in the hotel in lieu of the former requirement for a 400 -person banquet hall in the case
that the hotel was built with more than 160 rooms.
Council recessed from 1:30 a.m. to 1:40 a.m.
23
May 15, 2012 Cupertino City Council Page 12
19. Subject : Vacate Finch Avenue, between Stevens Creek Boulevard and Vallco Parkway
Recommended Action : Adopt Resolution No. 12 -053
Jennifer Griffin said that she understands this vacation is part of a bigger plan and that if the
project doesn’t go anywhere, we would get the street back. She said that sometimes the
public gets confused when items are combined and tied to each other and that she feels it is
better to keep items separate . Mayor Santoro clarified the reason why they thought to initially
combine the items and explained that the City doesn’t ow n this piece of land but only th e
right for the street.
Keith Murphy asked if the C ity would know what the value of the amenities would be at the
time of the vacation and asked about the vacation process . He also questioned the zoning for
housing . Director of Community Development Aar ti Shrivastaqva said the 2009 approval
addressed the zoning issue. Director of Public Works Timm Borden said that the date for the
public hearing for the vacation was actually on March 20 and notices were already posted.
Wong moved and Mahoney seconded to adopt Resolution No. 12 -053. The motion carried
unanimously.
ORDINANCES AND ACTION ITEMS
20. Subject : Amending Cupertino Municipal Code Section 2.18.110 deleting the resolution of
intent and removal provisions regarding the City Attorney position
R ecommended Action : Conduct the first reading of Ordinance No 12 -2 096: “An Ordinance
of the City Council of the City of Cupertino amending Chapter 2.18 of the Cupertino
Municipal Code regarding the City Attorney position”
City Attorney Carol Korade left the dais at 1:50 a.m. due to a conflict of interest with the
subject matter .
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Mahoney s econded to read the ordinance by title only, and that the City
Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro,
Sinks and Wong. Noes: None.
Ms. Korade returned to the dais at 1:53 a.m.
REPORTS BY COUNCIL AND STAF F
Interim City Manager Amy Chan said that the next regular Council meeting would be on
Monday, June 4 due to the Primary Election on Tuesday, June 5. She encouraged everyone to
vote.
Council members highlighted the activities of their committees and var ious community events.
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May 15, 2012 Cupertino City Council Page 13
ADJOURNMENT
At 1 :5 5 a.m. on Wednesday, May 16, the meeting was adjourned to Wednesday, May 30 at 1:00
p.m. for a budget study session, Community Hall Council Chamber, 10350 Torre Avenue,
Cupertino.
____________________________
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U -verse Channel 99
and are available at your convenience at www .cupertino.org . Click on Agendas & Minutes, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777 -2364.
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10 300 TORRE AVENUE • C UPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3354 www.cupertino.org
CITY COUNCIL STAFF R EPORT
Meeting: June 4 , 201 2
Improvement Agreement, Sreenivasa Viswanadha and Alivelu Viswanadha, 22017 San
Fernando Court, APN: 357 -12 -005 .
Subject
Adopt Resolution No. 12 -_____.
Recommended Action
Through the improvement agreement with the City, the applicants for a building permit for a
single -family residential development will be obligated to bond and construct city -specified
roadside improvements along the street frontage of their building site .
Discussion
_____________________________________
Prepared by: Chad Mosley, Associate Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by:
Attachments:
Amy Chan , Interim City Manager
A. Draft Resolution B. Improvement Agreement
C. Map
45
RESOLUTION NO. 12 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN
THE CITY AND DEVELOPER , SREENIVASA VISWANADHA AND ALIVELU VISWANADHA , 22017 SAN FERNANDO COURT, APN 357 -12 -005
WHEREAS, there has been presented to the City Council a proposed improvement
agreement bet ween the City of Cupertino and D eveloper , Sreenivasa Viswanadha and Alivelu
Viswanadha , for the installation of certain municipal improvements at 22017 San Fernando Court , and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4 th day of June , 201 2 , by the follo wing vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ Grace Schmidt, City Clerk Mark Santoro, Mayor
ATTACHMENT A
46
Resolution No. 12 -
Page 2
EXHIBIT “A”
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPER: SREENIVASA VISWANADHA AND ALIVELU VISWANADHA L OCATION: 22017 SAN FERNANDO COURT, APN 357 -12 -005
PART A. Faithful Performance Bond:
110 -2211
$29,118.00
PART B. Labor and Material Bond: 110 -2211
$29,118.00
PART C. Checking and Inspection Fee:
110 -4538
$2,542.00
PART D. Development Maintenance Deposit:
110 -2211
$1,000.00
PART E. Storm Drainage Fee – Basin 2
215 -4072
$331.83
PART F. Street Light – One -Year Power Cost:
110 -4537
N/A
PART G. Map Checking Fee: 110 -4539
N/A
PART H. Park Fee: Zone II
280 -4082
N/A
PART I. Reimbursement Fee N/A
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.S u b j e c t : I m p r o v e m e n t A g r e e m e n t , S r e e n i v a s a V i s w a n a d h a a n d A l i v e l u V i s w a n a d h a , 2 2 0 1 7 S a n F e r n a n d o C o u r t , A P N : 3 5 7 -1 2 -0 0 5 .
R e c o m m e n d e d A c t i o n : A d o p t R e s o l u t i o n N o . 1 2 -______.
A T T A C H M E N T C
59
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10 300 TORRE AVENUE • C UPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3354 www.cupertino.org
CITY COUNCIL STAFF R EPORT
Meeting: June 4 , 201 2
Improvement Agreement, Chakravarthy Parvathaneni and Rajitha Lanka, 10148 Prado Vista
Ave, APN: 342 -14 -093 .
Subject
Adopt Resolution No. 12 -_____.
Recommended Action
Through the improvement agreement with the City, the applicants for a building permit for a
single -family residential development wil l be obligated to bond and construct city -specified roadside improvements along the street frontage of their building site .
Discussion
_____________________________________
Prepared by: Chad Mosley, Associate Civil Engineer
Reviewed by: Timm Borden, Director of Pub lic Works
Approved for Submission by:
Attachments:
Amy Chan , Interim City Manager
A. Draft Resolution
B. Improvement Agreement
C. Map
60
RESOLUTION NO. 12 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN
THE CITY AND DEVELOPER , CHAKRAVARTHY PARVATHANENI AND RAJITHA LANKA , 10148 PRADO VISTA AVE , APN 342 -14 -093
WHEREAS, there has been presented to the City Council a proposed improvement
agreement bet ween the City of Cupertino and D eveloper , Chakravarthy Parvathaneni and Rajitha
Lanka , for the installation of certain municipal improvements at 10148 Prado Vista Ave , and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVE D THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4 th day of June , 201 2 , by the fol lowing vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ Grace Schmidt, City Clerk Mark Santoro, Mayor
ATTACHMENT A
61
Resolution No. 12 -
Page 2
EXHIBIT “A”
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPER: CHAKRAVARTHY PARVATHANENI AND RAJITHA LANKA L OCATION: 10148 PRADO VISTA AVE, APN 342 -14 -093
PART A. Faithful Performance Bond:
110 -2211
$5,865.00
PART B. Labor and Material Bond: 110 -2211
$5,865.00
PART C. Checking and Inspection Fee:
110 -4538
$2,542.00
PART D. Development Maintenance Deposit:
110 -2211
$1,000.00
PART E. Storm Drainage Fee – Basin 3
215 -4073
$219.20
PART F. Street Light – One -Year Power Cost:
110 -4537
N/A
PART G. Map Checking Fee: 110 -4539
N/A
PART H. Park Fee: Zone 3
280 -4083
N/A
PART I. Reimbursement Fee N/A
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.S u b j e c t : I m p r o v e m e n t A g r e e m e n t , C h a k r a v a r t h y P a r v a t h a n e n i a n d R a j i t h a L a n k a , 1 0 1 4 8 P r a d o V i s t a A v e , A P N : 3 4 2 -1 4 -0 9 3 .
R e c o m m e n d e d A c t i o n : A d o p t R e s o l u t i o n N o . 1 2 -______.
A T T A C H M E N T C
74
CITY COUNCIL STAFF R EPORT
Meeting: June 4 , 2012
Alcoholic Beverage License , Islands Fine Burgers & Drinks , 20750 Stevens Creek Boulevard
(coming soon to Crossroads Shopping Center )
Subject
A pprov e application for On -Sale Genera l for Bona Fide Public Eating Place .
Recommended Action
Name of Business: Islands Fine Burgers & Drinks Description
Location: 20750 Stevens Creek Boulevard
Type of Business: Restaurant
Type of License: On -Sale General for Bona Fide Public Eating Place (4 7 )
Reason for Application: Annual Fee, Inter -County Transfer
There are no zoning or use permit restrictions which would prohibit the sale of alcohol as
proposed and staff has no objection to the issuance of th is license . License Type 4 7 authorizes
the sal e of general alcohol f or consumption on the premises where sold. Please note the appeal
period for the Planning Commission’s decision to approve the Use Permit at its meeting on
March 13, 2012 for the Island’s bar with late night hours ended on Wednesday, March 28, 2012.
Discussion
_____________________________________
Prepared by: Beth Ebben , Planning Department
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development
Approved for Submission by:
At tachment: Application for Alcoholic Beverage License
Amy Chan , Interim City Manager
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3308 www.cupertino.or g
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