02. Draft MinutesCUPERTINO
DRAFT M~NUTES
CUPERTINO CITY COUNCIL ~ SPECIAL MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Conference Room A
1Q350 Torre Avenue, Commnnity Hall Cauncil Chamber
Tuesday, August 5, 2U08
10:00 a.m.
ROLL CALL
At 10:40 a.m. Mayor polly Sandoval called the special meeting to order in Conference Room A,
1030d Torre Avenue, Cupertix~o, California.
Present: Mayor polly Sandoval, Vice-Mayor Onrin Mahoney, and Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent: none.
CLOSED SESSION
At 10:00 a.m., Council went into closed session on two items:
Appointn;ient, Emplayment, Evatuation of Performance, Discipline or Dismissal of Public
Employee - Gavernment Code Section 54957{b)(1) with Murray & Associates regarding
the recruitm.ent of the City Attorney position. (No documentation in packet}.
During open session; City Attorney Charles Kilian announced that Council gave general
direction to the recruiter regarding the recruitrnent €or the City Attorney position.
2. Negotiations for purchase, sale, exchange, or lease of real property - Government Code
Section 54956.8 regazding the Blue Pheasant lease. (No documentation in packet).
During open session, City Attorney Charles Kilian announced that Council gave direction
to the staff negotiating team to further negotiate with respect to the Blue Pheasant lease.
RECESS - Council recessed from 1:00 p.m. until 5:04 p.m.
STUDY SESSION
.A,t S:Q4 p.m., the City Council reconvened in open session in the Community Hall Council
Chanaber, 10350 Torre Avenue, Cupertino.
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August 5, 2008 Cupertino City Council
Page 2
City Attorney Charles Kilian announced that in the earlier closed session regarding the
recruitment for the City Attorney position, Council gave general direction to the recruiter. He
also announced that in the closed session regarding the Blue Pheasant Lease, Council gave
direction to the stafF negotiating team to negotiate further with respect ta the Iease.
Santa Clara County Fire Chief Waldvogel presented each Council member with an engraved
yearbook from the fire department to celebrate the arganization's 60~' year of service, from 1947-
2047.
3. Conduct a study session regarding the status of the Council Wark Pro~.
City Manager David Knapp di~tributed replacement page No. 3-9.
Council discussed the Work Program and made the following changes:
Under #he Major Developments category, Item A"Cupertino Square," amend the
comments section to say, "Make periodic updates on Cupertino Square."
Under the Capital Improvements and Plans category, Item C"Sports Center Upgrade",
Parks and Recreation Director Mark Linder distributed information related to past
Council actions on the Sports Center upgrade. Council concurred to delay going to bid for
two weeks on the upgrade project and to bring the Sports Cen#er pool item back for the
August 19 meeting. Council also added Item F, "Provide a report on pavement
management annually in May."
Under the Public Safety category: Item B"Emergency Prepaxedness" Emergency
Prepaz~edness Coordinator Marsha Hovey updated class numbers for the status and
comments sections as follows: Provide four Cupertino Emergency Response Team
(CERT) classes yearly; 774 residents trained in CERT to date; 876 trained in First Aid;
981 trained in CPR; 406 trained in Kaleidoscope Program; add monthly Emergency
Preparedness workshops with 480 people trained to date.
Also under the Public Safety category, add to the sfatus section in Item C"Traffic SafeTy"
item 2c that the Teen and Public Safety Commissions are looking into a
Walk/Bike/Carpool to School Program to be commented on in January.
Under the Planning category add Item F, "Review the ratio between the second story and
the first story in #he Rl ozdinance."
Under the Go Green category add that Council members Gilbert Wong and Omn
Mahoney were appointed to the Zero Waste Program subcommittee.
Jennifer Griffin said that the eastern Cupertino neighborhoods have been working hard on
projects including a study session on South Vallco and protection of Calabasas Creek.
She said the residents are also excited about the closing of escrow for the upcoming
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August 5, 2008 Cupertino City Council
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Sterling Barnhart Park. She commented that neighbors were concerned about the
potential changes to R1 and urged Council to proceed with caution.
RECESS - City Council recessed from 6:1Q p.m. unti16:45 p.m.
CEREMONIAL MATTERS - PRESENTATIONS
4, Proclamation for Hema Kundar~i, whose Cupertino public access show "Indian
Vegeta~rian Gourmet" has won a prestigious national "2008 Hometown Video Festival"
award in the instruction category. (No documentation in~packet).
Mayor Sandoval presented the proclamation to Ms. Kundargi.
5. Presentation to Dolly Sandoval of the Perpetual Trophy from the Silicon~Valley Soap_Box
Derby. (No documentation in packet).
Art Williams, CE4 of Air Systems and one of the sponsors and dignitaxy racers,
introduced Chris Hatxis the Co-Chair of the derby. Mr. Harris expfained that the purpose
of the derby is to bring public awareness to the importan.ce of parent/child bonding. He
said that tl~e mayors in the area were challenged to come an.d race, and to bring more kids
from their respective cities to the event. Mr. Harris introduced Tom Means, the Mayor of
Mountain View, who presented the Mayor's Cup trophy to Mayor SandovaL The City
Chan,-iel showed some pictures of the event.
POSTPONEMENTS
^ Item No. 28 regardin.g temporary outdoor signs, continue to Aug. 19 at the request of staff
^ Itenn No. 29 regarding Villa Serra Apartmez~ts, continue to Aug. 19 at the request of the
applicant
^ Item No. 30 regarding S. Vallco area Master Plan, continue to Aug. 19 at the request of
Sandhill Property
Mahoney/Wong moved and seconded to continue items 28-30 to August 19 as requested. The
motion canried unanimously.
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed the following items:
^ Item No. 27, a letter from Danel Lum stating concerns about the Oaks Shopping Center
~ project
^ Item No. 27, an email from Alice Ramsauer stating concerns about the Oaks Shopping
Center project
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August 5, 2008 Cupertino City Council Page 4
^ Item No. 2'7, an email from Robert Garten opposing the Oaks Shopping Center project
• Item No. 27, an Access Cupertino communication from an ananymous person stating
concerns about the Oaks Shopping Center project
^ Item No. 27, an Access Cupertino communication from Bob & Christel Ligocki stating
concerns about tlie Oaks Shopping Center project ,
^ Item No. 27, an email from Ronda Hoxsie opposing the Oaks Shopping Center project
~ ^ Item No. 27, an email from Elinora Mantovani opposing the Oaks Shopping Center
project
~ Item No. 27, an email and informational documents from Mike Bullock regarding
intelligent parking at the Oaks Shopping Center
^ Item No. 27, letter from applicant Karen Ngo responding to sfiaff's recommendation and a
revised parking map
^ Item No. 29, an email from Michael Di Tore supporting the park at Villa Serra and aski~g
for a right-hand turn lane on the corner .
^ Item No. 31, an email from Luanne Oleas supporting tlae Stevens Creek Corridor Pazk
Phase 1B project
^ Item No. 31, an email from Norm Donovan supporting the Stevens Creek Corridor Park
Phase 1B project -
^ Item No. 31, an email from Gail Bower asking to keep Blackberry Farm as naturat as
possible
~ Item No. 31, a letter from G. William Walster stating concerns about the Stevens Creek
Corridor Park Pktase 1B
^ Item No. 31, bid summary information from staff regarding the Stevens Creek Conidor
Park Phase 1B project, as requested by some Council members
^ Item No. 33, an amended weed abatement assessment report from the County
ORAL CONIlVIUNICATIONS
Dennis Whi'itaker noted that a fundraiser for the Cupertino Veteran's Memorial would take place
on Aug. 25 at the Palo Alto Golf and Country Club. The goal is to raise over $100,000 for the
memorial. Interested parties should contact Donna Axelson at 821-9436 or
donna axelson _,hotmail.corr~ for more informatian. •
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August 5, 2008 Cupertino City Council Page 5
Suzi Blackman, the new Executive Director of the Cupertino Chamber of Commerce, introduced
herself. ~
Rhoda Fry said that an article in. the San Francisco Chronicle noted that Cupertino ranks as
having one of the worst cement plax~.ts in the nation because it was responsible for over 35% of
the mercury emissions in Santa Clara County. She urged Cauncil ta do what it could to help
clean up the problem in light of the new Green Coordinator coming on board with the City.
Cammunity Services Director Steve Piasecki noted that the cement plant isn't located in the City
so the City doesn't have much control, but that staff is equally concerned about the issue.
Jennifer Griffin said that she is womed about the re-visitation of the R1 ordinance snowballing
into something that it was never intended to be. She urged Council to know where it wan#ed to
go first be£ore opening the subject up again and start changing building codes on residential 1ots.
Council member Mark Santoro addressed the Rl issue and said that tkxe only thing to be re-
visited is the second floor to first floor ratio, not tlae entire R1 ardinance.
CONSENT CALENDAR
Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 13, 15, 16, and 24 which were pulled for
discussion. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: Nane. Abstain: None.
6. Approve the minutes from the June 17 City Council meeting.
7. Adopt resolutions accepting Accounts Pavable for June 13, 20, 27, July 11, 18, and 25,
Resolution Nos. 08-091 through 48-096.
8. Adopt resolutions accepting Payroll for June 27, July 11, and 25, Resolution Nos. 08-097
thz~ough 08-099.
9. Accept the Treasurer's Bud e~ t Report for June 2008.
10. Approve Alcoholic Bevera~e Licenses:
a. Wine Delig~ LLC, 10725 Orline Court; Beer & Wine importer (09}, Beer &
Wine Whotesaler (17), Off Sale Beer & Wine {20)
b. Amicis East Coast Pizzeria, 10310 S. De Anza Blvd., On Sale Beer & Wine -
Eating Place (41}
1 l. Adopt a resolution approving records destruction from the Senior Center, Public Works,
Code Enforcement, and Finance departments, Resolution No. OS-100.
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August 5, 2008 Cupertino City Council Page 6
12. Adopt a resolution making determinations and approving the annexation of azea
designated "Ba~cter Avenue 08-01 ", property located at 10645 Baxter Avenue (APN 325-
11-012) and 10613 Baxter Avenue (APN 32b-11014) Lau and Yiu, Resolution No. 08-
1Q1.
14. Notice of increase in the green fees at Blackberrv Farm Golf Course. The increase will be
$1.00 across the board.
17. Accept cit~proiects performed under contract. {No documentation in packet):
a. Reconstruction of Curbs, Gutters and Sidewalks, J.J.R. Construction, Inc., Project
No. 2007-06
The City's Contractor J.J.R. Construction, Inc., has satisfactorily completed work
on the 2007 Reconstruction of Curbs, Gutters and Sidewalks project. The project
is therefore eligible for f nal acceptance.
b. Pavement Restoration, Stevens Creek Quarry, Inc, Project No. 2048-OI
The City Contractor Stevens Creek Quarry, Inc., has satisfactorily com~,pleted work
on the 2008 Pavement Restoration Project. The project is therefore eligible for
final acceptance.
18. Adopt resolutions approving im~,rovement a~reements:
a. Sameena Baig, l Ob30 Linnet Lane, APN 326-47-017, Resolution No. 08-102
Through an improvement agreement with the City for a multi-family single-family
development building permit, the applicant will be obligated to bond and
construct city-specified improvements, ~including curb, gutter, pavers and sewer
utilities, along the street frontage of their building site.
b. Reza Developnaent, LLC, a California Limited Liability Company, 10484 Byrne
Avenue, APN 357-14-078, Resolution No. 08-103
Through the improvement agreement with the City for a single-family
development, building permit, the a~aplicant will be obligated to hond anid
construct city-specified roadside improvements along the street frontage of their
building site.
c. Anna F: NG, 22245 Cupertino Road, APN 326-16-035, Resolution No. 08-104
Through the improvement agreerzxent with the City for a single-family
development, building permit, the applicant will be obligated to bond and
construct city-specified roadside improvements along the street frontage of their
building site.
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August 5, 2008 - Cupertino City Council Page 7~
F
d. Sridhar 4bilisetty ancl Javanthi Sridhar, 101'11 Lebaxion Drive, APN 342-14-008,
~ Resolution No. 08-105
The improvement agreement has been amended to change the remaining ternn to
six months and to add additional construction secuxities to cover revised
improvement requirements.
19. Adopt a resolution accepting a Quitclaim Deed and authozization for Undergrour~d Water
Rights, Reza Development, LLC, a California Limited Liability C~mpany, 10484 Bvrne
Avenue, APN 357-14-078, Resolution Na. 08-106. .
The property owners of #his residential development agree to grant to the City the right to
extract wa#er from the basin under the overlying property.
20. Adopt resotutions approving Grants of Easement:
a. For Streetlight Purposes, Sanjaya Basnayake, 10343 Menhart Lane, APN 375-15-
040, Resolution No. 08-107
The owners of this property agree to grant to the City the right to enter and use an
easement to construct, repair, operate and maintain improvements necessary for
the opera.tion of a streetlight.
b. For Roadway Purposes, Jonathan H. Huang and Qiong Zhang, 10640 Merriman
Road, APN 342-16-074, Resolution No. 08-108
The property owz~ers of this residential development agree to grant to the City for
public roadway purposes, together with the right to construct, repair, operate, and
maintain any and all public utilities and improvements, a portion of their property.
21. Adopt resolutions approving parcel maus:
a. Cheng Hsin Yin and Vickie Peng, 10036, 10038 and 10040 Orange Avenue, APN
357-17-115, Resolution No. 08-109
Approval of the parcet map permits the map to be forwarded to the County for
recording.
b. Sing-Chung Hu, Trustee, and Hsien-Hsien Diana Hu, Trustee, 10026, ~ oa2s_ana
10030 Oran~e Avenue,APN 357 -17-114, Resolution No. 08-110
Approval of the parcel map permits the map to be forwarded to the County for
recording.
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August 5, 2008 Cupertino City Council . Page 8
22. Approve the allocation of an additional position of Maintenance Worker III and the
elimination of a Mai~ntenance Worker II position in the Public Works Department with no
net increase in totai positions and no increase in the FY 2008-09 operating budget.
23. Adopt a resolution authorizing the City Manager to negotiate and execute an a~reement
with Los Altos Garba eg Companv for the new expanded recycling and environmental
program services in an amount not to exceed $70,000 annually, Resolution No. 08-111.
25. Adopt a resolution accepting the deed to the Nathan Hall Tank House property and
authorizing the City Manager to execute the Certificate of Acceptance of the properiy on
behalf of the City of Cupertitno, Resolution No. OS-112.
26. Approve a~30-day extension of negotiation period for the Blue Pheasant prope lease
option renewal.
ITEMS REMOVED FROM THE CONSENT CALENDAR {above)
13. Applicat'ion Nos. DIR-2U08-17 and DIR-2008-18, Scott Mommer {Public Stora~e),
20565 Valley Green Dr: ,
a. Approve a request for a one-vear e~ctension to July 18, 2009, of the Use Permit
(U-2006-03} for a Public Storage facility project
,
b. Approve a request for a one year extension of the Architeciural and Site A~prova!
(ASA-2006-OS) to September 21, 2009, fox a Public Storage facility project
Wang/Mahoney moved and seconded to approve this item. The motion carried
unanimously.
15. Authorize the Mayor to send a letter of support regarding AB 2939 (Hancock) allowing
local governments to adopt green buildin~ standards. ~
Mahoney/Sandoval rr~oved and seconded to authorize #he Mayor to send a letter of
support. The motion failed with Santoro, Wang, and Wong voting no and Sandoval and
Mahoney voting yes. Council member Wong explained that he wanted to have more time
to review the legislation first.
Wong/Santoro moved and seconded to continue the item for iwo weeks. The motion
carried unanimously.
16. Accept municipal iinprovements. (No documentation in packet}:
a. Allen K. Hsu arr,d Cindy S. Hsu, 21926 Dolores Avenue, APN 3S7-I4-O15
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A~gust 5, 2008 Cupertino City Council Page 9
The applicant has completed City-specified improvements in the City right-of-
way, including curb and gutter, sidewalk, grading and storm drai~n work as
required by the improvement agreement with the City.
b.~ 1200 San Mateo Avenue, LLC, 10495 N. De Anza Blvd., APN 326-33-11 Q
The applicant has completed City-specified innprovements in the City right-of-
way, including grading, sidewalk and driveway work as required by the
improvement agreecnent with the City. •
c. Ming Xie and Xiaoli Chen, 10170 Lebanon Drive, APN 342-14-Q18
The applicant has completed City-specified improvements in the City right-of
way, including curb a.rid gutter, sidewalk, street tree and street light work as
required by the improvement agreement with the City.
Wang/Mahoney moved and seconded to approve this item. The motion carried
unanimously.
24. Items related to the City's Pavement Mana~ement Pro~:
a. Review the bids and award the contract for Local Streets Pavement Mana eg ment
2 Project No. 2Q08-O5, to G. Bortolotto & Co., Inc., in the ann~ount of
$I,343,20t.39, and approval of a construction contingency of $135,Q00.00 to
cover any unforeseen work required to complete the project, for a total of
$1,478,201.39 '
b. Authorize the Director of Public Works to negotiate and execute an agreement
with Paveznent Engineering, Inc•, for testing, inspection, and constrruction
administration services in connection with Local Streets Pavement Management
2 Project No. 2008-05, in the amount of $81,600A0, with a contingency of
$4,400.OQ for additional services that may be required upon approval of the
Director of Public Works, for a total amount of $86,000.40
c. Authorize the Director of Public Works to negotiate and execute a cooperative
a~reement between the City of Cupertino and the City of Saratoga for pavement
management work on Prospect Road between Stelling Road and De Anza
Boulevard to be performed as part of the Local Streets Pavement Mana~ement 2
rp oj ect ~
Santoro/Wong moved and secornded to approve the item. The motion carried
unanimously.
The Mayor reordered #he agenda to take up Item No. 33 next.
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August 5, 2008 Cupertino City Council Page 10
33. Conduct a hearing and adopt a resolution approving the assessment of fees for the a.nnual
weed abatement program (private parcels), Resolution No. 08-1 i4.
Mayor Sa~rxdoval opened the hearing. There were no speakers to protest the assessment of
fees, and the hearing was closed.
Moe Kumre, Weed Abatement Coordinator for Santa Clara County Department of
Agriculture, noted two parcels whose fees were amended.
Wong/Mahoney rnaved and seconded to adopt Resolution No. 08-114 approving the
assessment of fees for weed abatement on private parcels as amended. The motion carried
unanimously.
PUBLIC HEA.RINGS
27. Consider Application Nos. U-2007-04, ASA-20Q7-06 (EA-2007-06), TM-2007-09, EXC-
2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Sho~pin~ Center), 21265 Stevens
Creek Blvd., APN 326-27-035 (a-e}. Continued from June 17:
a. Ne~ative deciaration
b. Use permit and architectural & site approval to demolish a theater and 2,430
square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story
56,194 square foot mixed use retaiUoffice%onvention center building over an
underground parking podiutn and site improvements in two phases at an existing
shopping center .
c. Tentative map to subdivide an 8.1 net acre pareel into two parcels of 3.0 and 5.1
acres in size, with one parcel to be further subdivided into four commercial
condominium ur~its and a con~mon area lot
d. Exception to the Heart of the City Specific Plan to reduce one side-yard setback to
15 feet for a proposed 4-sto.ry, 122-room hotel and a 3-story, Sb,194 square foot
mixed use retaiUoffice%onvention center building
e. Tree removal request to remove and replace approximately 47 trees that are part
of an approved landscape plan for an existing shopping center
Senior Planner Colin Jung reviewed the staff report.
Applicant Petez Pau responded to Council questions regazding parking, the quality of the
hotel, and integration of mixed-use. ~
Applica~nt Karen Ngo commented on 4 eondition~s that Council had asked them to
consider. 1) Phasing issue: `I~ey asked for permission to subdivide the hotel portion of
the property now and give them 5 years to subdivide and build the retail portion, but
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August 5, 2008 Cupertino City Council Page I 1
approve the type of use now; 2} Mary Ave. setback issue: They are providing for a 20-
foot setback which meets the code requirement and are proposing to put in finger islands
on Mary Ave. which would only remove 4 parking spaces instead of the 7~ that staff
proposed; they don't agree w~ith the Cify's proposal to cut 6ack 8 hotel rooms; 3} Stevens
Creek improvement issue: They agree to make a permanent zmprovenaent to the Mary
Ave. main driveway by the Shane Company, which concurs with the Heart of the City
Plan; they don't agree to improve the driveway off Stevens Creek by Highway 85 because
it would only be a temporary improvement and would like to wait until that portion of the
shopping center is developed; 4) LEED issue: They would like to proceed with the goal
of achieving silver LEED rating but ask that Council not make it a requireznent. She also
noted that they met with both the tenants of the shopping center and the owxxer of the
Glenwood Apartments and a1Y liked the project proposal.
Council asked questions of the applicants.
Mayor Sandoval opened the public heazing at 9:20 p.m.
Jennifer Griffin said that the hotel is too big and she hasn't seen what the convention
center zetail site is suppased to be like. She proposed attaching the convention center to
the hotel as one unit.
Lee Kucera said she opposes the project because it diminishes connectivity in that area, it
would take decades before the replacement trees grow as big as tlae ones currently
planted, and because building huge buildings and paving over with asphalt is not in
Cupertino's future. She urged Council ta find a better, more creative, and community use
for the property.
Dick Weaver said he had sent an email regarding the requirenrxent of an Environment
Impact Report (EIR) and that Council never responded to that requirement. He urged
Council to follow the law. .
Dennis Whittaker said that the Oaks Shopping Center should be a place for the
community to gather and wants . the retail to stay there. He said he is concerned al~out
what would happen if the hotel would not thrive in the future. He urged that more public
meetings be held to get the community's input first, and that the parking should be
retained.
Lyn Faust addressed quality of life issues. She said she would like information on how
the project addresses potential traffic and parking for guests af the hotel residents. She
also said that young trees are no replacement for the shade and enhanced air quality of
mature trees.
Ruby Elbogen said that the project is too big and she hates underground parking. She also
noted that a suites-type of motel with a kitchen attracts a lot of peopte who won't be
eating in Cupertino restauxants. She also said she is concerned about parking.
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August 5, 20d8 Cupertino City Council
Page 12
Deborah Jamison said that the hotel is too big and too close to the freeway. She suggested
a compromise of 3-stories elongated away from Mary Ave. and more in the center, and to
eliminate phase 2 or make that smaller. She said that a lot of bicycle traffic would come
from the Mary Ave. Footbridge and would be dumped at a dangerous intersection. She
asked that the trees and shrubs used for screening be native and drought resistance. She
urged Council to either wait for a better project proposal or downsize this one.
Darrel Lum showed a diagram of the footprint of the ho#el. He said the elevation
enhancements should go to the second floor because people conn~ing from Stevens Creek
Blvd. would see it, even though those from Highway 85 wouldn't. He showed pictures of
examples of other Marriott residences in San Diego and Los Altos. He suggested making
the hotel longer to make it more visually pleasing.
Keith Mutphy said that parking has always been an issue and wondered how the ratio was
determined. He aiso said he had concerns about the phase issuc and said that no
community outreach was done on this project.
Nadeane Diede said that she lives witlain walking distance of the Oaks and this is one of
the best projects she has seen. She comm,ented that tr~c isn't too much of an issue with
a hotel. She said she was concerned about the parking fingers being in the way of bicycles
and that since Cupertino's budget is based on sa[es tax revenue, she wondered what ki.nd
of revenue would come from the hotel vs. the rest of the shopping center.
Conon McClwre said that he has previousfy worked at Hobee's and the Coffee Society
and wanted to speak for all the patrons at the Oaks by saying that a hotel is a good idea,
but a smaller one would be better in order not to block the view of the iulls. ~ie noted that
a hotel could bring in people from around the Bay ,Area to see what Cupertino has to
offer. ~
Anne Ng said she is a bicyclist and is concerned about bike lanes with the finger islands
and perpendicular parking on Mary Ave. She asked that the bike lane be a fair distance
from the cars and not right behind them since cyclists wouldn't be seen:
The Mayor closed the public hearing at 9:50 p.m.
Community Development Director Steve Piasecki responded to some of the concerns of
the speakers: an EIR is not a direct require~rz~ent but staff.is sensitive to environmental
issues with the project; a traffic engin.eer did a study and concluded that retail and hotels
don't generate a lut of traffic in the morning or during rush hour and creates less traffic
than other developments; no residential condominiums are being proposed in this project;
the landscape finger islands are proposed to be the length of~ parking spaces and
perpendicular, bu# could be angled to help with visibility; visitors to the hotel guests
would be a small irTapact on Mazy Ave. especially during the evening hours; the bike lane
would be the same as it is today behind the parking spaces and there has been no
suggestion to remove it; the economic forecast hope is that an old, dysfun.ctional area will
be replaced with new functional one that is not a strip mail; a hotel would give the City a
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August 5, 20Q8 Cupertino City Council Page 13
10% Transient Occupancy Tax (TOT). He also responded to the letter to staff from
applicant Karen Ngo.
Council comments included the following:
• The proposed building it too big for the area. (Some felt it was as much as 20%
#oo large with the hotel and a mixed-use building. Others felt a 20% reduction in
hotel size is too much, and referred to the hotel size simiiar to the Los Altos site
shown earlier by a speaker, and perhaps it should spread out into a bigger
footprint and spread out into the other parcel)
• Use the entire Iot for the hotel and make it bigger and more spread out
• Concern with surface parking at the corner of Mary Ave. and Stevens Creek Blvd.
rather than near S5; not enough parking on Mary
• Agree with staffls recommendation regarding setbacks and the Heart of the City
requirements
• The hotel and commercial project is the best project seen so far with no zoning
change since it's right next to a freeway and not right next to a residential area
• The developer has to be able make money off the site to make it worthwhiie
• Need more discussion on parking and setbacks; too many hotel roams for the
parking proposed, and no mention of handicap parking; perhaps the parking
doesn't need to be re-worked but bette~ understood; have non-guest visitors park
underground instead of on surface parking
• The subdivision suggestion from the applicant is okay
• Support for adding biking features
• The hotel azid mixed-use are a plus for the area
• Not sure about reduction of mixed-use; perhaps a smalier hotel would be bettex, or
integrate the hotel with the shopping center
• The hotel is tao big for the current footprint; reduce more than 8 rooms and set
back along Mary Ave. frontage
• Need window dressings on second floor windows also, and want a double row of
trees
• Give flexibility to the applicant regarding sustainability but since the applicant has
already built one LEED certified project Council would like to see that on the
retail building.
The applicarnt Peter Pau responded by saying that an 18-foot setback on the freeway side
and a 20-foot setback on Mary Ave. is acceptable, as well as reducing the size of the
mixed-use building and making the hatel bigger. He said that reducing the number of
raoms was not acceptable.
Additional discussion followed regarding setbacks, the building footprint, and parking.
Mr. Piasecki not~d that the parking ordinance was applied to the project but would come
back to staff with a formula for the numbers.
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August 5, 2008 Cupertino City Council ~ Page 14
Council did a poll regarding a 15-foot setback vs. and 18-foot setback from the freeway.
Four members wanted the 3 feet gain to be put in elsewhere. Mayor Sandoval said she
wanted the ordinance s#andard to be met.
Applicant Peter Pau said he would be willing to ask for another continuance to work on
the floor area ratio, parking, and setback issues. He noted he would try to redesign the
project either keeping it the same size, but sliifting it, or by making the hotel bigger and
the retail building smaller.
Mahoney/Wang moved and seconded to continue the item to Sept. 2 as requested by the
applicant. T'he motion carried unanimously.
Council recessed from 11:20 p.m. to 11:30 p.m.
28. Consider a Municipal Code Amendment of Chapter 17 allowing temporary outdoor~ si~
or displays, Application No. MCA-2008-02, City of Cupertino, Citywide. (Continue to
Au .19.
Under "Postponements," this item was continued to August 19.
29. Consider a new public park desi~n reviewed and recommended by the City of Cupertino
Parks and Recreation Commission, Application No. ASA-2Q08-O1, Villa Serra
Anartments, 3onathan Moss, 2080Q Homestead Rd. APN 326-09-029. (Continue to Au~.
~. No documentation in packet. ~
Under "Postponements," this item was continued to August 19.
30. Consider a City-initiated Master Plan for the South Valico Area, Application Nos. CP-
2008-02 (EA-2008-04), City of Cupertino, Citywide. (Continue to Au~. 19). No
_ documentation in packet.
Under "Postponements," #his item was continued to August 19.
UNFINISHED BUSINESS
31. Stevens Creek Corridor Phase 1B Project:
a. Award a Construction Contract to Robert A. BotkEman. Inc to construct the
Stevens Creek Corridor Phase 1B Project in the amount of $4,161,300.00
b. Restore $420,400.removed on May 2U, 2008 and maintain the Project Budget at
$14,123,000 to perform the work needed to bring Blackberry Farm to readiness
fdr its opening next spring
Public Works Director Ralph Qualls reviewed the staff report. He noted that $100,~00 of
the $420,000 would go toward updating the bathrooms at Blackberry Farm Golf Course.
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August 5, 2008 Cupertino City Council Page 15
Deborah Jamison said that she is in favor of restoring the money back into the project
budget and keeping the funds far any contingencies and more impxovements. She said she
was concerned about the re-vegetation aspect of the trail because nothing in the plan calls
for that.
Rhoda Fry talked about the capacity of Blackberry Farm and that most of its users in the
past have not been Cupertino residents. She asked what the annual subsidy would be and
said she hasn't seen a benefit to residents. She noted that she agrees with reforestation,
solar, and with nnoving the maintenance facility away from homes.
Anne Ng said she was in support of using the budgeted money to fix the things that need
to be fixed. She mentioned some minor street repairs on the entry road that were needed
and hoped to have that added to the pavement management program as a change order.
She said that the entry road should be wider and have signs put up for cars to share with
bikes and pedestrians.
Caxol Stanek said she was in support of the project and urged Council to approve the bid
and restore the funds. She noted that safety is of utmost importance and that the access
driveway from San Fernando is a must. .
Mahoney/Sandoval moved and seconded to award the contract to Robert A. Bothman,
Inc. The motion carried unanimously.
Mahoney/Sandoval moved and seconded to add $420,000 to the budget by restoring
$320,000 from the general fund and moving $100,00Q from the golf course reserve fund
to maintain a project budget of $14,123,OQ0. The motion failed with Santoro, Wang, and
Wong voting no and~Mahoney and Sandoval voting yes.
Santoro/Wong moved and seconded to remove $50Q,000 from the budget and add
$100,000 from the golf course fund to leave a budget amount of $1,070,000. After more
discussion Santoro amended his motion to say leave the budget amount as is and add
$140,000 from the golf course fund. Wan.g accepted the amendment and the motion
carried unanimously.
32. Adopt a Resolution authorizing the City Manager to negotiate and execute the First
Amendment to the agxeement with Swinerton Management and Consulting for
construction management services for the completion and closeout of the Marv Avenue
Bicvcle Footbrid~roject in an amount not to exceed $300,000 for a total contract of
$900,U00 and approval for additional services as may be required subject to the approval
of the Director of Public Works in an amount not to exceed $ l OQ,000, Resolution No. 08-
113.
Mahoney/Santoro moved and seconded to adopt Resolution No. 08-113. The motion
carried unanimously.
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August 5, 2008 Cupertino City Council Page 16
NEW BUSINESS
34. Designate a voting delegate and alternafe for the League of California Cities Annual
Conference September 24-27.
Mahoney/Santaro moved and seconded to designate Council member Gilbert Wocag as
the voting delegate. The motion carried unanimously.
ORDINANCES - None
STAFF REPORTS = None
COUNCIL REPORTS
Council tnembers highlighted the activities of theiz committees and various commuruty events
ADJOURNMENT
At l:l l a.m. on Wed., Aug. 6 the meeting was adjourned.
Grace Schmidt, Deputy City Clerk
Staff reports, backup materials, and items distributed at the meeting aze available for review at
the City Clerk's Office, 777-3223, and also on the Inteinet at www.cut~ertino.org. Click on
Agendas & Minutes/City Council/ Packets. . ~ '
Most Council meetings are shown live on Cable Channel 26, and are availabie at your
con,venience on the web site: Visit www.cupertino.org and click on View Meetings Online.
Videotapes are available at the Cupertino Librazy, or may be purchased from the Cupertino City
Channel, 777-2364. .
2-~s
C U P E RTlN O DRAFT MINUTES
CUPERTINO CITY COUNCIL
. Regular Meeting
~ August 19, 2008
CALL TO ORDER
At 6:02 p.m., Mayar polly Sandoval called the meeting ta order in the Council Chambers of the
Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA 95Q14.
ROLL CALL
Present: Mayor polly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark
Santoro, Kris Wang (6:03 p.m.) and Gilbert Wong. Absent: none.
CLOSED SESSION
From 5:02 p.m. to b:25 p.m., Council held a closed session to discuss the following item.
Negotiations for purchase, sale, exchange, or lease of real property - Government Code
Section 54956.8 regarding the Blue Pheasant Iease. (No documentation in packet).
RECESS - 6:25 p.m. to 6:45 p.m.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor polly Sandoval called the regular meeting to order in the Council Chanaber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: 1Vlayor polly Sandoval, Vice-Mayor Oxrin Mahoney, and Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent: none.
The City Attorney announced that in the closed session regarding the Blue Pheasant Lease, the
Council gave direction ta staff regarding negotiations, and directed that this matter be put on the
next available Council meeting when there is time to take it up.
CEREM4NIAL MATTERS -- PRESENTATIONS
Mayor Sandoval rrxentioned a recent "music in the quad" event put on by Cupertino resident Sam
Giefer with the assistance of City Parks and Recreation staff. A number of ba~ds played a11 day
on the steps of City Hall, and most of the band members were Cupertino residents or students of
2-17
August 19, 200$ Cupertino City Council ~Page 2
Monta Vista High School and Lynbraok High School. Mayor Sandoval also said that she and the
City Manager and City Attorney participated in Raksha Bandhan day, which honored
brotherhood` and fellowship. About 15-18 children and members of the Indian community tied
rakhi strings to their wrists.
POSTPONEMENTS
Mahoney/Wong moved and seconded to continue the £ollowing items. The motion carried
uz~az~ixnously.
^ Continue Item No. 8 regarding Villa Serra Park to a tentarive date of Sept. 16 at request
of applicant
^ Con,tinue Item No. 9 regarding temporary outdoor signs to Sept. 2 at request of staff
^ Remove Item No. 12, the Heart of the City Speciftc Plan, from the calendar and re-
advertise for Council review by the second meeting in October.
^ Withdraw Item No. 18 regarding Shatiuck Dr. preferential parking ordinance because of
the withdrawal of support by the neighborhood
WRITTEN COMMUNiCATIONS
A numbez~ of written communications were received, and are listed under the specific agenda
items. '
ORAL COMMUNICATIONS
Randy Okamura, area manager for AT&T, thanked the City and the City Channel staff for
working with them in their efforts to. upgrade their system to include Lightspeed, which would
provide `U-Verse' to residents. He explained that Lightspeed provided high speed Internet and
video services over that network, and some citizens may be watching the meeting now on
Channel 99. Mr. Okamura presented the Mayor with a plaque and a medallion as thanks for the
City's support.
Rhoda Fry expressed her concerns about the Blackberry Fazm project. She noted that
construction was taking place on Saturdays, which was not allowed, and there was excessive
noise during shift changes of the security staff, especially in the early morning hours. Ms. Fry
also noted that in 2007 the Council had decided not to rebuild the kitchen but at a recent Council
meeting the decision had been made to completely remodel the concession area. She cautioned
Council about additional costs related to ~this project.
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August 19, 2008 Cupertino City Council Page 3
CUNSENT CALENDAR
Wong/Mahoney moved and seconded to approve the items on the Consent Calenda~r as
recammended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain:
None.
2. Adopt resolutions accepting Accounts Pavable for August 1 and 8, Resolution Nos. 08-
115 and 08-116.
3. Adopt a resolution accepting P, ayroll for August 8, Resolution No. 08-117.
4. Authorize the City Manager to execute a joint powers agreement to rejoin the Bay.Area
Exn~~lovee Relations Service (BAERS). ~
5. Authorize the Mayor to send a lettsr of su~port regarding AB 2939 (Hancock) allowing
local governments to adopt Qreen buildin~ standards. {Continued from Au~. 5).
&. Accept municipal improvements. {No documentation in packet):
a. Cupertino Homes, LLC, Jollyman Lane/Oriine Court, APN(s) 359-22-d60, Q61
The applicant has completed City-specified improvements in the City. right-of-
way, including curb, gutter, sidewalk, and driveway work as required by the
improvement agreement with the City.
b. Bay Colony Investors II, Inc., 10745 De Anza Boulevard, APN 326-10-Q64
The applicant has com.pleted city-specified roadside improvements along the
street frontage of their building site as required by the improvement agreement
with the City.
7. Adopt a resolution approving an im~rovement a~reement, Stelling Palms of Cupertino,
LLC, 10855 N. Stelling Road, APN 326-07-037, Resolution No. 08-118. .
Through the improvement agreement with the City for a building permit for twenty single
family residential units, the applicant will be obligated to bond and construct city-
specified roadside improvements along the street frontage of their building site.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above} - Nane
2-19
August 19, 20d8 Cupertino City Council Page 4
PUBLIC HEARINGS
8. Consider a new public park desi~n reviewed and recommended by the City of Cupertino
Parks and Recreation Coxnmission, Application No. ASA-2008-01, Villa Serra
Apartrnents, Jonathan Moss, 20800 Homestead Rd. APN 326-09-029. (Continued from
Aug. 5). (No documentation in packet).
The City Clerk distributed a.n email dated August 5 from Michael DiTore suggesting
reconfiguration of the traffic pattern at Homestead Road and Franco Court.
Under "Postponements", this item was continued item to Sept. 16 as requested by the
applicant. The motion carried unanimously.
9. Consider a Municipal Code Amendment of Chapter 17 allowing temporary outdoor si~ns
or displays, Application No. MCA-2008-02, City of Cupertino, Citywide. (Continued
from Aug. 5). (No documentation in packet}.
Under "Postponements", this item was continued to Sept. 2 as requested by staff.
10. Consider a City-initiated Master Plan for the South Vallco Area, Application Nos. CP-
2008-02 {EA-2008-04}, City of Cupertino, Citywide. (Continued from Au~. S):
a. Adopt a negative declaration
b. Approve the Master Plan
The City Clerk distributed the following items:
• Email dated August 18 from Suzi Blackman, GEO of the Cupertina Chamber of
Coxnmerce suggesting changes to the document
• Email dated August 17 from Darret Lum suggesting changes to the document
Mike Foulkes, representing Apple, Inc., addressed several issues of concern. First, he
noted that the language regarding Calabasas Creek in the South Vallco Master Plan was
not in agreement with the language in the North Vallco Master Plan. He stated that there
had been much discussion on this issue for the North Vallco Master Plan and he
recommended using that language on #he creek issue. He further stated his concerns about
linaiting traffic circulation on Va11co Parkway. Regarding green buildings, he was
concerned about a requirement that might be outdated in a few years, and was therefore
asking for more flexibility. Concerning cammercial footage, Mr. Foulkes believed that
taking from commercial and employnn~ent centers could have a long-term detrimental.
effect. Apple was also strongly opposed to mandatory ground floor retaii on Vallco
Parkway because this nega#ively impacted the security of a corporate campus.
2-20
August 19, 2008 Cupertino City Council
Page 5
Suzi Blackman, CEO of the Cupertino Chamber of Commerce, stated the Chamber's
support of the plan but expressed some concerns. The parking on South Vallco Parkway
raised traffic congestion and safety issues. The expected trail uses related to Calabasas
Creek needed clarification. The issue of office versus retail needed further discussion.
Ms. Blackman also recommended more flexibility concerning the green building policy.
This was a quickly changing area and she suggested allowing the City's environmental
coordinator an opportunity to comment on this plan.
Sam Gelpi, Hewlett Packard Realty Group, made the following suggestions: discuss
further the safety issues an Vallco Parkway; review the office portion of the agreement to
give an opporiunity to graw in Cupertino; work with Sand Hill Properties on process
issues; and provide for more flexibility and the opportunity to explore more options
regarding the green building policy.
Darrel Lum stated that the Heart of the Ciry Plan should be the guideline. The
recommendations related to the Calabasas Creek were week as stated in the South Vallco
Master Plan. Council needed to make a clear policy statement regarding the creek similar
to those in the General Plan, the North Vallco Master Plan and the Heart of the City. The
green building policy also should be impiemented. Mr. Lum stated his support of the
South Vallco Master Plan as recommended by the Planning Commission.
Jennifer Griffin commented that traffic was an issue in that part of town and nothing
should be approved that would negatively impact the residents in that area. She also
strongly urged Couneil to protect the double row of ash trees along Stevens Creek as well
as the setbacks. Regarding the Calabasas Creek, Ms. Griffin stated that Council should
not allow anything to be built in the path of the creek.
Michael Gotiwald commented that a lot of stores had been lost in this area and
revitalization was important.
The Council members concuzxed that the document should be amended as follows:
Regarding Calabazas Creek, page 16, column 2: "Subject to input and support from
various community stakeholders and surrounding landowners, and evaluation of flood
protection, security, and liability issues, the trail implementation may provide access
from Vallco Parkway, Highway 280 underpass, and Tantau Avenue."
Regardin~ LEED certification, page 19, Policy 6.3, second sentence: "In addition,
developments shall incorporate renewable energy principies with th.e goal of attaining at
least LEED Silver certification or the equivalent using an alternative environmental artd
sustainability measurement system or checklist. "
Add new wording regarding a retail conversion policy: "New buildings on the Soutlx side
of Va11co Parkway that do not propase retail shall demonstrate that they can be converted
to accommodate fiiture ground floor retail (i.e. adequate ceiling heights, column
placement, visibiliry, etc.) at such time that there is significant redevelopment and use
2-21
August 19, 2008 Cupertino City Council Page 6
conversion of the existing office development located on the North side of Vallco
Parkway." Decisions about enforcement/development agreement will he warked out at a
later time).
Regarding parking, page 17, Policy 5.5, delete the sentence that said, "~~~;
a ~ +, + •t ..+,,,.o .,i„ ,~ +t,e ~+.-oo+
~ ~..,::b ....,, .... ,,.,..
Rename the document "South Vallco Area BlueprinY' or other title. Staff will provide
recommended options to the City Council.
On page 5, add some language to indicate that this document is a guideline, and may
continue to evolve.
Wong moved and Wang seconded to continue this item to Sept. 16. The motian camed
unanimously. ,
lI. Consider an appeal of a Design Review Committee denial of a Director's Minor
Modification to add a 200-square foot sunroom to the south side of an existing single-
family residence in a Planned Development area, Application No. DIR-2008-13, Jay
Swartz (Luo residence), 11535 Murano Ct. APN 366-58-015.
The City Clerk distributed the following items:
• A document from Jiandong Cao and Yalan Mao listing their objection to the
application
• A petition signed by six neighbors in support of the application
Jay Swartz, representing Four Seasons Sunrooms and Mr. Luo, commented that the
privacy issue would be better addressed by allowing the sunroam than by the 20' setback.
He asked that the project be evaluated on its own rnerits and not be derued based on the
20-foot setback which could be changed by Council if they chose.
Yalan Mao noted that she was the adjacent neighbor to this project. She stated that in
2003 when this development was proposed, the City, neighbors and the developer a11 met
ta discuss the concerns ,especialiy the issue of privacy. The 20-foot setback was agreed to
by all three parties. She asked Council to stand by this agreement. Ms. Mao also noted
that currently the development area on this lot was 70%, and if this sunroom was
approved it would be $0%.
Perry Luo stated thaY he did not know about the 20-foot setback when he purchased the
property three years ago. He noted that they now had two children and he was requesting
the sunroom so his children would have a place to play. This sunroom was on the first
floor and did not negatively affect the privacy issue.
2 - 22
August 19, 200$ Cupertino City Council
Page 7
Terry Lancaster, Vice President of the Murano Homeowners' Association, stated that the
association had approved the sunroom. The design of the su~taroom was cozisistent with
the xnain house and there was no significant impact on privacy. There were the natural
barriers of fences and trees between the properties. In addition the sloping roof the
sunroom, promoted privacy. Mr. Lancaster also commented that he had lived next to the .
appiicants for three years and they were good neighbors.
3anet Wang commented that she and her husband had discussed adding to their home
when they purchased it but decided not to pursue it at that tiame. They had been tald that
a11 they would need to do would be to go to the City for approval should they wish to
undertake such a project. At the time she had had a report done on possible negative
impacts of a sumroom on the tree and was advised there would be none. She noted that
their home was quite small with no front or back yards. To purchase a new home in
Cupertino would be quite expensive and they were hoping to add this sunxoom as a safe
place £or their children to play.
J.D. Cao stated that he was a neighbor of this development project and had purchased his
lofi ten years ago. In 2003 he was a part of the discussions that included the City,
neighbors and the developer. At that time the 20-foot setback was agreed. upon and he
was asking Council to stand by this agreemen#.
Jennifer Cmffin stated that this was a planned community development, which included
large homes on small lots. At the time all parties had worked together to reach an
agreement, and to change that would be a precedent setting step. She stressed the
importance af including parklan,ds in such developments and in the future of making sure
that all requirements such as 20' setbacks be stated in the property deeds.
Wong moved to uphold the decision of the Design Review Committee. Santoro seconded
for purposes of discussion.
Councilmember Wong stated that he had been a member of the Planning Commission for
five years and a member of the Design Review Committee for two. The Murano project
was a planned development community that was new to the City. It had large homes with
small lots and the 20-faot setback was included to protect the privacy of all.
Vice-Mayor Mahoney did not believe privacy was an issue in this case and exceptions
could be made for certain projects when deemed appropriate.
Councilmember Wang commented that the builder had told the owners in 2003 that they
could add on if they got approval from the City. In addition the 2003 agreement for a 20-
foot setback should have been set forth in the deeds.
Councilmember Santoro cammented that the builder had told the owners that they `may'
be able to add on if they got approval from the City and the homeowners' association.
Puzchase~rs of properties should know what they could do with a property when they buy
it. He did not beiieve this was a privacy issue but it was a quality of life issue. He also
2 - 23
August I9, 2008 Cupertino City Council~ Page 8
referred to the neighbors who attended the 2003 meeting and believed an agreement had
been reached on a 20-foot setback. This should be respected and to change it at this time
would be precedent setting.
Mayor Sandoval commented that the basis of the 20-foot setback was the impact on
privacy and she did not believe this was a privacy issue. Furthenmvre the homeowners'
association had approved this request for a sunroom.
The original motion failed with Council members Mahoney, Sandoval, and Wang voting
no.
Mahoney moved and Wang seconded to uphoid the appeal and approve the application to
install the sunroom. The motion carried by the following vote with Santoro and Wong
voting No.
12. Consider Application No. SP-2008-01; City of C~pertino, Citywide, Heart of the Citv
Specific Plan update. (Continued from June 17). Remove from calendar. It will be re-
agendized following; the completion af the Plannin~ Commission review. (No
documentation in packet).
Under "Postponements", this item was removed from tlie calendar, and staff was clirected
to re-advertise th.e item for Council review hy the second meeting in October.
UNFINISHED BUSINESS
13. Discuss the Sports Center U~grade and Pool Demolitionpro'1ect (now combined with the
Sports Center Tennis Court Lighting Project) scheduled to go out to bid on Au~ust 20,
20Q8. (No dacumentation in packet).
Parks and Recreafion Director Mark Linder reviewed two options: (1) Multi-sport court
option with a project budget of $500,00 with no additional operating casts. Plans are
nearly dane and project could go to bid on August 22; (2) Pool renovation option wauld
replace pool and restrooms with similar sized pool and ADA-compliant restrooms.
Estimated budget $850,000 -$1 million, and includes an all-weather cover, heated pool,
and property drainage to sanitary sewer. Additional operating and maintenance costs
would be $189,580 for the first year and $1b9,580 in subsequent years.
Ed Hirshfield stated that he had Iived zn Cupertino since I963 and had been President of
the tennis club when the Sports Center was puzchased. He was still actively involved and
he supported the staff's recommendation for a multi-sport court. 'There were 1,500
nnembers of the center at this time with 600 tennis members. Mr. Hirshfield believed this
multi-sport court option would meet the neecis of the current users of the center.
Santoro moved and Mahoney seconded to proceed with the existing plan, which is to
replace the swimming pool and restrooms with a multi-sport court and restroonas that are
2-2a
August 19, 2008 Cupertino City Council Page 9
compliant with the ~ericans with Disabilities Act; and to go out to bid on August 20.
The motion carried unanimously.
NEW BUSINESS
14. Approve the schematic desi~n for the uinlan Community Center fountain site.
(Continued from June 17).
Parks and Recreation Director Mark Linder reviewed the staff report using PowerPoint
slides.
Mahoney moved and Wang seconded to accept the staff recommendation to replace the
Quinlan Center Fountain with a patio and trellis, as illustrated in the City Council packet,
with a praject budget of $280,000. The motion carried with Wong voting no.
15. Consider modified street improvements for the Knopp development at 21925 Lindy Lane
and recommendation to retain the street improvement conditions required by the Planning
~ Commission.
Council member Santoro stated that this project is located within 500 feet of his
residence, so he recused himself from participation and voting. At 11:07 p.m. Santoro
was absent.
Assistant Public Warks Director Glen Goepfert reviewed the staff report via a
PowerPoint presentation.
The City Clerk distributed the followi~g items:
~ Email dated August l 8 from Barry Pangrle
• Email dated August 17 from Frank Sun
~ Two emails from Simon Ko
• Three-page petition from Lindy Lane residents askuig that th~ 4500 sq. ft.
Planning Commission trigger be increased to 6500 sq. f~. for lot sizes greater than
one aere
Eva Wang s#ated her concerns about the subdivision. She noted that the properiy did not
have the minimum footage required for a subdivision; no geographic report had been
done for this praperty; and the applicant had not provided storm drain hookups nor had he
fixed the road damage on his last subdivision.
John Dozier, representing Mr. Knopp, commented that a lot of the issues being raised
were related to Mr. Moxley's adjacent subdivision and he noted that Mr. Moxley was.not
involved in this project. He noted that Mr. Knopp had complied with the city in 2005 to
not have direct access to the newly developed lots by obta~ining an easement on an
adjacent property. Mr. Dozier also stated that curb, gutter and sidewalks made no sense
on this side of the street; it was a pathway going nowhere.
2 - 25
August 19, 2008 Cupertino City Council Page 10
16.
Barry Pangrle explained his view that the trees could be saved with the road in place. He
also questianed why this matter was before Council. "There was already an ordinance in
place stating 4Q' wide street with sidewalks. This ordinance could be met without the loss
of trees. Uniess there was 2/3-majority support for a semi-rural petition Council did not
need to do anything. He further stated that the requesting party should perform the
necessary improvennents to bring the property up to code before the final rr~ap is approved
and should present supporting evidence for benefits of any proposed design changes.
Frank Sun referred to a petition signed by Lindy Lane residents asking thaf the 4,500
square faot Planning Commission trigger be increased to 6,500 square feet for lot sizes
greater than one acre. He hoped that this matter could be agendized for Council
consideration.
John James commented that both north and south Lindy Lane residents were in discussion
ahout this issue and everyone was concerned about saving the oaks. He urged Council to
make sure these trees were not hanmed. Mr. James also stated that he would ge# the
reyuired 2/3 residents of Lindy Lane to sign the petition.
Wang moved and Wong seconded to take no action at tlus time. The motion carried with
Santoro abstaining.
Review and approve the Parks and Recreation draft Work Plan for 2008-09.
At 12:05 a.m. Mark Santoro was present.
The City Clerk distributed an updated staff report.
David Greenstein, Chairman of the Parks and Recreation Comiriission, reviewed the
proposed work plan for the commission. He noted the following Council directed items:
fesrival application process, long-term use of the Blue Pheasant and Blackberry Farm
Retreat Center, future use of Simms and Stocklmeir properties and a dog park
recommendation. In addition the commission was asking Council to direct them to add
the following: policies and procedures for Stevens Creek Corridor (maintenance, security,
trail use, etc.), community buiiding opporiunities including a Kaboom playground and an
adopt-a-park program and green policies in parks.
Jennifer Griffin stated that parks were very important to Cupertino and the city was park
deficient in many areas. She suggested that time and money be spent by the city to
identify parcels of land that could be used for parklands. She supported Cupertino
purchasing these identified parcels for use as pocket parks.
Wang moved and Santoro seconded to approve the work plan for the Parks and
Recreation Commission. The motion carried unanimously.
z-2s
August 19, 2008 Cupertino City Council
Page 11
17. Conduct the first readin~ of Ordin.ance No. 08-2029: "An Ordinance of the City Council
of the City of Gtiipertino Amending Table 11.24.160 of the Cupertino Municipal Code
Relating to Prohibition of Parkin~ During Certain Hours, on the East Side of ~
Avenue, Between 2 A.M. and 5 A.M., Between a Point 340 Feet North of Stevens Creek
Boulevard and a Point l OQ4 Feet South of Luhec Street".
Assistant Pubtic Works Director Glen Goepfert explained that this ordinance was before
Council as a result of a request from Glenbrook Apartments to remove the prohibition of
overnight parking on this particular section of Mazy Avenue. Due to higher occupancy
legal requirements the apartment complex needed more parking spaces. This new
ordinan.ce would provide for approximately 25-28 additional spaces in close proximity to
the complex.
The City Clerk read the title of the ordinance. Mahoney and Wong moved and seconded
to read the ordinance by title oniy, and that the City Cierk's reading would constitute the
first reading thereof Ayes: Mahoney, Sandoval, and Wang and Wong. Noes: None.
ORDINANCES
18. Conduct the second readin of Ordinance No. 08~2028 "An Ordinance of the Crty
Council of the City of Cupertino Amending Cupertina Municipal Code to remove
Shattuck Drive from Chapter 11.27, Pernut P~ Zone, Section 11.27.145, Designation
of Preferential Parking Zones." (Continued from June 17). (No documentation in packet).
Under "Postponements", this item was removed from the calendar because of the
withdrawal of support by the neighborhood.
STAFF REPORTS - None
COUNCIL REPORTS
Mayor Sandoval invited the community to the upcoming Fa11 Festival on September 13 and 14,
which will include the Health and Safety ~air this year. She also reminded the Council that the
commissioner appreciation dinner was scheduled for this Thursday, along with the Housing
Element meeting and a sister city meeting. .
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August 19, 2008 Cupertino City Council
ADJOURNMENT
At 12:28 p.m. the meeti~g was adjourned
Kimberly Smith, City Cle~rk
Page 12
Staff reports, backup materials, and items distributed at the meeting are available for review at
the City Clerk's Office, 777-3223, and also on the Intemet at www.cupertino.or~. Click on
Agendas & Minutes/City Council/ Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Online.
Videotapes are available a# the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364. .
2-28