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CC 05-15-2012 Special , CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, 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 Santoro 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. 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 Cupertino 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 this year's poster celebrating the 75th anniversary of the Golden Gate Bridge. He noted that about one-third of the City staff are maintenance workers who are out every day taking care of the streets, parks, and facilities for the community. This year, Service Center employees were asked 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 Chang described her experience with almost being hit by a car while walking to school. She requested that Council address the safety of crosswalks. Adrian Kolb, speaking on behalf of the Library Commission, provided an update. She said that circulation remains high and over 4,000 library cards have been sold to non-residents with 80% of residents having library cards. She noted that green at home kits 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 library ecotabs provide details and tips about sustainability, like how to use less water. She also said that the Library Commission is working in collaboration with the Technology Information Communications Commission, City staff, and De Anza College to hold an educational speaker series on environmental topics. She announced that the Plain Tree Help Center is up and running and is holding a grand opening on Friday, June 8 at 7:00 p.m. at the library. She also noted that the Poet Laureate program had standing room only during one of its events and invited the Council to visit the redesigned reading room in the library as well as the grand opening of the Plain Tree Help Center. She thanked Council, the Friends of Library, the Library Foundation, and the City of Cupertino for their support. 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 numbers 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 M:ay 4, 2012 Recommended Action: Adopt Resolution No. 12-049 8. Subject: Alcoholic Beverage License, Yang BBC?, 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. Subject: 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. [2-050 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: Second 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 reacting 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" requirements (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) May 15, 2012 Cupertino City Council Page 4 City Clerk Grace Schmidt read the title of the ordinance. Mahoney moved and Wong seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Mahoney moved and Wong seconded 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 City Manager position" City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Wong moved and Mahoney seconded 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 seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Wong moved and Chang seconded 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 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 the safety of customers in the parking lot during late hours. The applicant assured Council that a bar was undetermined at the time that they applied for the shell of the building and that they did present the operation of a bar to the Planning Commission and was willing to discuss it as part of the appeal process. He said that it was noted during the November 13 Council 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 supports the Planning Commission's approval of the Islands Restaurant application. Mahoney moved and Wong seconded to deny the appeal. The motion 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 bearing for the Bollinger Road Project. Staff recommends 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 management 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 tentative 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 Do rig; 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. 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 who 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 if the number is reduced down to four, the lots 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 four houses 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 motion carried with Chang voting no. Council recessed from 8:03 p.m. to 8:10 p.m. 18. Subject: Main Street Cupertino mixed-use development 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 square 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 replace 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 Parkway 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 Boulevard (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. May 15, 2012 Cupertino City Council Page 7 Wong moved and Mahoney seconded to combine items 18 and 19 and allow the public to speak on both items 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 the prior motion. The motion 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 made to the plan require the need to create several commercial condominiums. He requested that Council support the Planning Commission's recommendation to provide two parcels for office space. Mr. Dare showed pictures of what the hotel interior might look like and proposed moving retail to Stevens Creek Boulevard. Mr. Dare also stated that they need to have a staging area while 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 Powerpoint 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 outside, so during winter no one uses the outside space. He indicated that a combination of two 1,500 feet spaces front and rear are more appropriate. Mr. Rodrigues also pointed out that they are seeking 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 Council 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 senior 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 concerned about traffic safety issues between the Metropolitan and Main Street and that she does not support the 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 appreciates the efforts of everyone, but is concerned about the lack of elevation and the review design process. She requested that more effective noticing for design review be established. May 15, 2012 Cupertino City Council Page 8 Steve Scharf said that he agrees with Dr. Lum to build the project. He stated that the 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 senior 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 limited to 30 days. City Attorney Carol Korade noted that State law prohibits someone from staying past 30 days. Keith Murphy said that the developer has done a lot of outreach. He stated that there should be more commercial and retail development in the southern part and not more market rate housing. He said he supported moving the project forward. Jennifer Chang, homeowner of the Metropolitan and HOA Board, said she supported 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 be 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 concern about traffic issues and wanted to make 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 project being business as usual and wanted to see something more radical with 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 Metropolitan, 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 possible between the two projects. She urged Council to consider the resident's concerns. Fidelia Butt, homeowner at the Metropolitan, said she feels that the new plan reduces the size of green space from what was previously agreed upon. She urged Council to respect the resident's concerns. 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 residents 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 Metropolitan, said he supports fellow residents. He suggested a compromise of keeping the auto parkway physically where it us, but to put it underground. Al DiFrancesco said that he felt it was unfortunate that the Metropolitan was built like it was. He said he supports moving forward with Main Street. Christine Evans, Metropolitan HOA, presented a petition signed by over 80 homeowners regarding the A(1)-2 plan. She urged Council to modify 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 latest proposal has a limited amount of green and open space and positioning leaves something to be desired. He said he feels that the City does not need a continuous commercial space on Stevens Creek Boulevard. He noted that he supports having the park 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 going 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 restaurants 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 starting the project right away and supports walk ability within the project. Ophelia Chan, resident of the Metropolitan, expressed concern about the buffer between projects and the loss of privacy if a parking lot is located next to the homes. She stated she is also concerned about the staging 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 (ASA-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 acre 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. 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) years after the approval of this modification. The park shall be completed to the satisfaction of the City within four (4) years from the date 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 Municipal 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 install 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 reversion 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 buildings 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 Boulevard 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, 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 provide 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 revised 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 the 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 occupancy 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 completed 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 for 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 improvements shall be obtained for all the retail buildings. 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. 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 own this piece of land but only the right for the street. Keith Murphy asked if the City 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 Aarti 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 Recommended Action: Conduct the first reading of Ordinance 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" 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 seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Ms. Korade returned to the dais at 1:53 a.m. REPORTS BY COUNCIL AND STAFF 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 various community events. May 15, 2012 Cupertino City Council Page 13 ADJOURNMENT At 1:55 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 Tone Avenue, Cupertino. 6-14, Grace Schmidt, City C erk 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.