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101-Draft minutes.pdf DRAFT MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Special Meeting Tuesday, September 18, 2012 CITY COUNCIL MEETING ROLL CALL At 5:05 p.m. Mayor Mark Santoro called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Government Code 54957) - City Attorney 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiators: Carol Atwood and David Brandt; Employee organizations: OE3; CEA; City Attorney's Group; Unrepresented At 5:05 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Santoro announced that for item number one conducted the evaluation and provided input, and for item number two obtained a briefing and gave no direction. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro reconvened the special City Council meeting and led the Pledge of Allegiance. 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 - None Tuesday, September 18, 2012 Cupertino City Council Successor to the Redevelopment Agency POSTPONEMENTS – None Mayor Santoro welcomed the new City Manager David Brandt. ORAL COMMUNICATIONS Charles Johnson asked for a ban on the sell and use of plastic disposable lighters and related products in the City and in California. He said he feels the ban of these lighters would eliminate mischief such as smoking and burning inappropriate substances or starting fires, litter of a non- biodegradable product, wasteful use of so many lighters, and show that the habit of smoking is not acceptable. CONSENT CALENDAR Sinks moved and Mahoney seconded to approve the items on the Consent Calendar as recommended including the amendments to the minutes. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: Council member Sinks abstained from item number 7. 3. Subject: September 4 City Council minutes Recommended Action: Approve minutes Written communications for this item included two changes to the minutes. 4. Subject: Accounts Payable for period ending August 24, 2012 Recommended Action: Adopt Resolution No. 12-101 5. Subject: Accounts Payable for period ending August 31, 2012 Recommended Action: Adopt Resolution No. 12-102 6. Subject: Accounts payable for period ending September 7, 2012 Recommended Action: Adopt Resolution No. 12-103 7. Subject: Authorize the City Manager to enter into an agreement extending the current agreement for consulting services with ACI Holdings, Inc. later renamed BAZ Industries, Inc. through February 19, 2013 Recommended Action: Extend the term of the current agreement Council member Sinks recused himself from voting on this item due to a possible conflict of interest. 8. Subject: Alcoholic Beverage License, Shanghai Dumpling, 10895-10897 S. Blaney Avenue Recommended Action: Approve application for On-Sale Beer and Wine (41) 9. Subject: Alcoholic Beverage License, Shanghai Dumpling, 10895-10897 S. Blaney Avenue Recommended Action: Approve Alcoholic Beverage License, Shanghai Dumpling, 10895- 10897 S. Blaney Avenue, for On-Sale General Bona Fide Eating Place (47) Tuesday, September 18, 2012 Cupertino City Council Successor to the Redevelopment Agency 10. Subject: Alcoholic Beverage License, 99 Ranch Market, 10425 S. De Anza Boulevard Recommended Action: Approve application for Off-Sale General (21) 11. Subject: Improvement Agreement, Yu-Jen Wang, 10140 Byrne Avenue, APN: 357-16-046 Recommended Action: Adopt Resolution No. 12-104 Description: Through the improvement agreement with the City, the applicant for a building permit for a residential development will be obligated to construct City-specified street improvements, including curb, gutter, sidewalk and driveway approach along the frontage of their building site 12. Subject: Improvement Agreement, William Li and Diane Li, 22079 San Fernando Court, APN: 357-12-008 Recommended Action: Adopt Resolution No. 12-105 Description: Through the improvement agreement with the City, the applicants for a building permit for a residential development will be obligated to construct City-specified street improvements, including curb, gutter and driveway approach along the frontage of their building site SECOND READING OF ORDINANCES 13. Subject: Second reading and adoption of amendments to Chapter 16.58 of the Cupertino Municipal Code regarding Green Building standards and amendment to the City's fee schedule Recommended Action: Conduct second reading and enact Ordinance No. 12-2099: "An Ordinance of the City Council of the City of Cupertino amending Chapter 16.58 of the Cupertino Municipal Code to amend the Green Building Standards Code to include local green building requirements" Description: Application: MCA-2010-04; Applicant: City of Cupertino; Location: citywide; Municipal Code Amendment to adopt a Green Building 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: Mahoney, Santoro, Sinks and Wong. Noes: Chang. Wong moved and Mahoney seconded to enact Ordinance No. 12-2099. Ayes: Mahoney, Santoro, Sinks, and Wong. Noes: Chang. Council member Chang said that he voted no because the ordinance isn’t strict enough and defeats the whole purpose of having a Green Building Ordinance. PUBLIC HEARINGS 14. Subject: Development permits and associated permits for demolition of existing commercial buildings and construction of a mixed-use project consisting of 7,000 square feet of retail and 78 apartment units. The project also includes a 12-unit expansion to the existing Biltmore Apartment complex adjacent to the site Tuesday, September 18, 2012 Cupertino City Council Successor to the Redevelopment Agency Recommended Action: A. Approve Application Nos. EA-2011-16 and EA-2011-05 for a mitigated negative declaration for the Stevens Creek site and Biltmore Apartment complex; B. Adopt Resolution No. 12-106 approving DP-2011-06; C. Adopt Resolution No. 12-107 approving ASA-2011-20; D. Adopt Resolution No. 12-108 approving TR-2012-18; E. Adopt Resolution No. 12-109 approving DP-2011-05; F. Adopt Resolution No. 12-110 approving ASA-2011-19; G. Adopt Resolution No. 12-111 approving TR-2012-13 Description: Application: DP-2011-06, ASA-2011-20, TR-2012-18 (EA-2011-16); Applicant: Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek Blvd, 10041 Blaney Ave and the vacant lot behind 10041 Blaney Ave; Development Permit to allow the demolition of an approximately 20,000 square foot existing commercial building and the construction of a mixed-use project consisting of 78 apartment units and a 7,000 square foot commercial building; Architectural and Site approval for a new mixed use development consisting of 78 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; Mitigated Negative Declaration; Application: DP-2011-05, ASA-2011-19, TR-2012-13 (EA-2011-15); Applicant: Mike Ducote (Prometheus Real Estate); Location: 10159 S Blaney Ave; Development Permit to allow the 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 trees to facilitate the construction of two new apartment buildings; Mitigated Negative Declaration Written communications for this item included letters from Margaret Bard and Adam Montgomery of the Santa Clara County Housing Action Coalition, Daniel Brunello of LeBoulanger, and Bradford Speers of the Building Industry Association; emails from Robert McKibbin, Michael Ducote, Jonathan Moss, Amud Krishnamurthi, Sharon Frieson, Fari Aberg, Vernon Miranda, and Peter Cooperstein. Assistant Planner Simon Vuong reviewed that staff report via a PowerPoint presentation. Applicant Jon Moss from Prometheus said that his project has the support of the Chamber of Commerce, Cupertino Planning Commission, Silicon Valley Leadership Group, Building Association Industry, and the Santa Clara County Housing Action Coalition. He said that his proposal has no variances to the zoning code such as building height, number of units, parking, traffic, or landscaping. Mr. Moss also said that the Heart of the City plan supports all aspects of the proposal as well as the General Plan. He showed a slide noting the results of the parking survey in which the average parked stalls were 1.33 per unit or 28% fewer stalls than proposed with a 1.7 ratio or 99 stalls. He said they are proposing 99 more stalls than what are required and recommended by the parking survey and that they conducted an internal parking survey on two different nights which showed similar results of a 1.44 and 1.48 demand. He said that the traffic study concluded there was no significant impact to the proposed project and that the public outreach meetings went well. He also said that 7,000 square feet of retail should provide more revenue to the City than what was previously generated. Mayor Santoro opened the public hearing. Tuesday, September 18, 2012 Cupertino City Council Successor to the Redevelopment Agency Jennifer Griffin commended the staff for coming up with something that would be amenable to everyone. She said that she is glad that the developer has adhered to the Heart of the City and that the tree lined Stevens Creek corridor was important to Cupertino and she would like to see even fewer apartments. She said it’s important to remember that whenever there is an increased load of buildings that intersections should also be updated to accommodate the increase in traffic. She said she also supports keeping the Cork Oak trees. Adam Montgomery representing the Santa Clara County Housing Action Coalition said that they met with the developer and discussed the possibility of more housing on the site, but that they support the proposal regardless of whether more housing is added. Kevin McClelland from the Cupertino Chamber of Commerce said that they are usually against converting commercial into housing, but feels that this is a good alternative for the site. Mr. McClelland expressed some concern about having retail below but said he feels it’s the right size and will do a good job based on the square footage. Brad Speers representing the Building Industry Association expressed support for the project and encouraged Council to approve it. He said that it’s hard to find an apartment to rent in Cupertino and he would like to see good strong development without being 40 stories high. He said that Apple will bring many employees into the City and that he feels this type of housing will be attractive to them. Phyllis Dickstein said she would like another traffic survey done at the intersections and one at Blaney Ave. She said she would be surprised if positive feedback was received from ordinary people other than the organizations who spoke tonight. She said she feels that Cupertino is a suburban town and that most people want it to remain that way rather than turn into San Jose or San Francisco. She urged Council to honor the original commitment to the community and approve the project for a total of 72 units. She said she feels that the project was compromised and that Council should be committed to the prior approval of the project. Kamara Biawogi, San Jose resident attending Prospect High School, said that Prospect’s students were writing a paper and asked what the biggest issues were regarding this project from the prior meeting. Chang said he would like to see more retail space to strengthen the City’s financial status. Santoro said the biggest issues discussed were parking around the area, how much retail would be generated, additional students added, traffic, retail, and housing. Mahoney said that they cannot make decisions based on the impact to schools. Robert McKibbin, also representing Peggy Griffin and Barbara McKibbin, distributed an email to Council regarding this project and said he was surprised to see that the item hasn’t changed a bit from the original proposal. He said he supports holding the developer to Cupertino’s parking code of two parking stalls per unit. He said that there are flaws in the parking study and that he has not seen more than 15 or 20 vacant stalls at Biltmore on any night rather than 116 as the study concluded. He said the housing should be reduced to 50 or 60 units and the retail increased from 7,000 square feet to 10 to 15,000 square feet. Tuesday, September 18, 2012 Cupertino City Council Successor to the Redevelopment Agency Tom Hugunin said that he has never seen an empty parking space next to the Biltmore on Blaney Avenue and that there is not enough parking or retail in the project and he would like to see a better compromise. Kuei-nung Kao said that he is against the project. He noted that the schools are already crowded and this project would put pressure on the community and education that will eventually degrade the excellent quality of the schools. Stuart Chessen was not present at the meeting but left written comments that he was in opposition to the project. Mayor Santoro closed the public hearing. Wong moved and Mahoney seconded to approve Application Nos. EA-2011-16 and EA- 2011-05 for a mitigated negative declaration. The motion carried with Chang voting no. Wong moved and Mahoney seconded to adopt Resolution Nos. 12-107 and 12-110 approving Application Nos. ASA-2011-20 and ASA-2011-19. The motion carried with Chang voting no. Wong moved and Mahoney seconded to adopt Resolution Nos. 12-108 and 12-111 approving Application Nos. TR-2012-18 and TR-2012-13. The motion carried with Chang voting no. Wong moved and Mahoney seconded to adopt a combined Resolution No. 12-112 (replacing individual Resolution Nos. 12-106 and 12-109) approving DP-2011-06 and DP-2011-05 with an amendment to build 80 units total. The motion carried with Chang and Santoro voting no. Council recessed from 9:55 p.m. to 10:05 p.m. ORDINANCES AND ACTION ITEMS 15. Subject: Consider canceling the November 20 City Council meeting Recommended Action: Consider canceling meeting Wong moved and Mahoney seconded to cancel the November 20 meeting. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:15 p.m. the meeting was adjourned to Oct 2 beginning at 5:05 p.m. for Parks and Recreation Commission interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA 95014. Tuesday, September 18, 2012 Cupertino City Council Successor to the Redevelopment Agency ______________________________ 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.