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CC 08-05-08 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL ~ SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Tnesday, August 5, 2008 10:00 a.m. ROLL CALL At 10:00 a.m. Mayor polly Sandoval called the special meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor polly Sandoval, Vice-Mayor Orrin 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: 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee - Government Code Section 54957(b)(1) with Murray & Associates regarding the recruitment 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 recruitment for the City Attorney position. 2. Negotiations for purchase, sale, exchange, or lease of real property - Goveriment Code Section 54956.8 regarding 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. unti15:04 p.m. STUDY SESSION At 5:04 p.m., the City Council reconvened in open session in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. August 5, 2008 Cupertino City Council PagP 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 to the lease. Santa Clara County Fire Chief Waldvogel presented each Council member with an engraved yearbook from the fire department to celebrate the organization's 60`h year of service, from 1947- 2007. 3. Conduct a study session regarding the status of the Council Work Program. City Manager David Knapp distributed replacement page No. 3-9. Council discussed the Work Program and made the following changes: Under the 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 Center 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 Preparedness" Emergency Preparedness 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; ~76 trained in First Aid; 981 trained in CPR; 406 trained in Kaleidoscope Program; add monthly Emergency Preparedness workshops with ~80 people trained to date. Also under the Public Safety category, add to the status 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 the R1 ordinance." Under the Go Green category add that Council members Gilbert Wong and Orrin Mahoney were appuinted 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 August 5, 2008 Cupertino City Council Page 3 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 6:10 p.m. until 6:45 p.m. CEREMONIAL MATTERS - PRESENTATIONS 4. Proclamation for Hema Kundar~i, whose Cupertino public access show "Indian Vegetarian 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 Valle ~~p Box Derbv. (No documentation in packet). Art Williams, CEO of Air Systems and one of the sponsors and dignitary racers, introduced Chris Harris the Co-Chair of the derby. Mr. Harris explained that the purpose of the derUy is to bring public awareness to the importance of parent/child bonding. He said that the mayors in the area were challenged to come and 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 Channel showed some pictures of the event. POSTPONEMENTS ¦ Item No. 28 regarding temporary outdoor signs, continue to Aug. 19 at the request of staff ¦ Item No. 29 regarding Villa Serra Apartments, continue to Aug. 19 at the request of the applicant ¦ Item No. 30 regarding S. Vallco area Master Plan, continue to A_ug. 19 at the request of Sandhill Property Mahoney/Wong moved and seconded to continue items 28-30 to August 19 as requested. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items: ¦ Item No. 27, a letter from Darrel 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 August 5, 2008 Cupertino City Council Page 4 ¦ Item No. 27, an email from Robert Garten opposing the Oaks Shopping Center project ¦ Item No. 27, an Access Cupertino communication from an anonymous person stating concerns about the Oaks Shopping Center project ¦ Item No. 27, an Access Cupertino communication from Bob & Christel Ligocki stating concerns about the 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 staff s recommendation and a revised parking map ¦ Item No. 29, an email from Michael Di Tore supporting the park at Villa Serra and asking for a right-hand turn lane on the corner ¦ Item No. 31, an email from Luanne Oleas supporting the Stevens Creek Corrzdor Park 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 natural as possible ¦ Item No. 31, a letter from G. William Walster stating concerns about the Stevens Creek Corridor Park Phase 1 B ¦ Item No. 31, bid summary information from staff regarding the Stevens Creek Corridor Park Phase 1B project, as requested by some Council members ¦ Item No. 33, an amended weed abatement assessment report from the County ORAL COMMUNICATIONS Dennis Whittaker 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 memortal. Interested rarties should contact Donna Axelson at 821-9436 or donna axelson e hotmail.com for more information. 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 plants in the nation because it was responsible for over 35% of the mercury emissions in Santa Clara County. She urged Council to do what it could to help clean up the problem in light of the new Green Coordinator coming on board with the City. Community 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 worried about the re-visitation of the Rl ordinance snowba:ling into something that it was never intended to be. She urged Council to know where it wanted to go first before opening the subject up again and start changing building codes on residential lots. Council member Mark Santoro addressed the Rl issue and said that the only thing to be re- visited is the second floor to first floor ratio, not the entire R1 ordinance. 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: None. Abstain: None. 6. Approve the minutes from the June 17 City Council meeting. 7. Adopt resolutions accepting Accounts PaYable for June 13, 20, 27, July 11, 18, and 25, Resolution Nos. 08-091 through 08-096. . 8. Adopt resolutions accepting Pa•~oll for June 27, July 11, and 25, Resolution Nos. 08-097 through 08-099. 9. Accept the Treasurer's Bud eg t Report for June 2008. 10. Approve Alcoholic Beverage :,icenses: a. Wine Deli~, LLC, 10725 Orline Court; Beer & Wine importer (09), Beer & Wine Wholesaler (17), Off Sale Beer & Wine (20) b. Amicis East Coast Pizzeria, 10310 S. De Anza Blvd., On Sale Beer & Wine - Eating Place (41) 11. Adopt a resolution approving records destruction from the Senior Center, Public Works, Code Enforcement, and Finance departments, Resolution No. 08-100. August 5, 2008 Cupertino City Council Page 6 12. Adopt a resolution making determinations and approving the annexation of area designated "Ba~cter Avenue 08-0 l", property located at 10645 Baxter Avenue (APN 326- 11-012) and 10613 Baxter Avenue (APN 326-11014) Lau and Yiu, Resolution No. 08- 101. 14. Notice of increase in the ~reen fees at Blackberrv Farm Golf Course. The increase will be $1.00 across the board. 17. Accept city,~rojects 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 final acceptance. b. Pavement Restoration, Stevens Creek Quarry, Inc, Project No. 2008-01 The City Contractor Stevens Creek Quarry, Inc., has satisfactorily completed work on the 2008 Pavemetrt Restoration Project. The project is therefore eligible for final acceptance. 18. Adopt resolutions approving i~rovement a~reements: a. Sameena Baig, 10630 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 Development, 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 applicant will be obligated to bond and construct city-specif~ed 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 agreement 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. August 5, 2008 Cupertino City Council Page 7 d. Sridhar Obilisetty and Javanthi Sridhar, 10171 Lebanon Drive, APN 342-14-008, Resolution No. 08-105 The improvement agreement has been amended to change the remaining term to six months and to add additional construction securities to cover revised improvement requirements. 19. Adopt a resolution accepting a Quitclaim Deed and authorization for Underground Water Rights, Reza Development, LLC, a California Limited Liability Company, 10484 Byrne Avenue, APN 357-14-078, Resolution No. 08-106. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 20. Adopt resolutions 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 operation 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 owners 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 maps: a. Cheng Hsin Yin and Vickie Peng, 10036, 10038 and 10040 Oran~e Avenue, APN 357-17-115, Resolution No. 08-109 Approval of the parcel map permits the map to be forwarded to the County for recording. b. Sing-Chung Hu, Trustee, and Hsien-Hsien Diana Hu, Trustee, 10026, 10028 and 10030 Oran~e Avenue, APN 357-17-114, Resolution No. OS-110 Approval of the parcel map permits the map to be forwarded to the County for recording. 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 Maintenance Worker II position in the Public Works Department with no net increase in total 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~e Company 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 property on behalf of the City of Cupertino, Resolution No. 08-112. 26. Approve a 30-day extension of negotiation period for the Blue Pheasant propert, lease option renewal. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 13. Application Nos. DIR-2008-17 and DIR-2008-18, Scott Mommer (Public Storaae), 20565 Valley Green Dr: a. Approve a request for a one-year extension 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 Architectural and Site Approval (ASA-2006-OS) to September 21, 2009, for 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 moved and seconded to authorize the 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 two weeks. The motion carried unanimously. 16. Accept municipal improvements. (No documentation in packet): a. Allen K. Hsu and Cindy S. Hsu, 21926 Dolores Avenue, APN 357-14-015 August 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 drain work as required by the improvement agreement with the City. b. 1200 San Mateo Avenue, LLC, 10495 N. De Anza Blvd., APN 326-33-110 The applicant has completed City-specified improvements in the City right-of- way, including grading, sidewalk and driveway work as required by the improvement agreement with the City. c. Ming Xie and Xiaoli Chen, 10170 Lebanon Drive, APN 342-14-018 The applicant has completed City-specified improvements in the City right-of- way, including curb and 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 Management Program: a. Review the bids and award the contract for Local Streets Pavement Mana ement 2, Project No. 2008-05, to G. Bortolotto & Co., Inc., in the amount of $1,343,201.39, and approval of a construction contingency of $135,000.00 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 Pavement En ineerin~ Inc., for testing, inspection, and construction administration services in connection with Local Streets Pavement Mana eg ment 2, Project No. 2008-05, in the amount of $81,600.00, with a contingency of $4,400.00 for additional services that may be required upon approval of the Director of Public Works, for a total amount of $86,000.00 c. Authorize the Director of Public Works to negotiate and execute a cooperative agreement between the City of Cupertino and the Citv of Sarato~ for pavement management work on Prospect Road between Stelling Road and De Anza Boulevard to be performed as part of the Local Streets Pavement Management 2 rp o~ect Santoro/Wong moved and seconded to approve the item. The motion can-ied unanimously. The Mayor reordered the aaenda to take up Item No. 33 next. August 5, 2008 Cupertino City Council Page 10 33. Conduct a hearing and adopt a resolution approving the assessment of fees for the annual weed abatement program (private parcels), Resolution No. 08-114. Mayor Sandoval 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 moved 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 HEARINGS 27. Consider Application Nos. U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC- 2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Sho,~pin C~ enter), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e). Continued from June 17: a. Ne~ative declaration 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 retail/office/convention center building over an underground parking podium and site improvements in two phases at an existing shopping center c. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exception to the Heart of the Citv Specific Plan to reduce one side-yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 56,194 square foot mixed use retail/office/convention 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 Peter Pau responded to Council questions regarding parking, the quality of the hotel, and integration of mixed-use. Applicant Karen Ngo commented on 4 conditions that Council had asked them to consider. 1) Phasing issue: They 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 August 5, 2008 Cupertino City Council Page 11 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 with the City's proposal to cut back 8 hotel rooms; 3) Stevens Creek improvement issue: They agree to make a permanent improvement 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 ~vould 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 requirement. She also noted that they met with both the tenants of the shopping center and the owner of the Glenwood Apartments and all liked the project proposal. Council asked questions of the applicants. Mayor Sandoval opened the public hearing at 9:20 p.m. Jennifer Griffin said that the hotel is too big and she hasn't seen what the convention center retail site is supposed 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 the ones currently planted, and because building huge buildings and paving over with asphalt is not in Cupertino's future. She urged Council to find a better, more creative, and community use for the property. Dick Weaver said he had sent an email regarding the requirement 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 about 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 of 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 people who won't be eating in Cupertino restaurants. She also said she is concerned about parking. August 5, 2008 Cupertino City Council Page 12 Deborah Jamison said that the hotel is too big and too close to the freeway. She suggested a compromis~ 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 hotel. He said the elevation enhancements should go to the second floor because people coming 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 Murphy said that parking has always been an issue and wondered how the ratio was determined. He also said he had concerns about the phase issue and said that no community outreach was done on this project. Nadeane I)iede said that she lives within walking distance of the Oaks and this is one of the best projects she has seen. She commented that traffic isn't too much of an issue with a hotel. She said she was concerned about the parking fingers beii~g in the way of bicycles and that since Cupertino's budget is based on sales tax revenue, she wondered what kind of revenue would come from the hotel vs. the rest of the shopping center. Conon McClure said that he has previously 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 hills. He 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 Mayar closed the public hearing at 9:50 p.m. Community Development Director Steve Piasecki responded to some of the concerns of the spealcers: an EIR is not a direct requirement but staff is sensitive to environmental issues with the project; a traffic engineer did a study and concluded that retail and hotels don't generate a lot of traffic in the morning or during rush hour and creates less traffic than other developinents; no residential condominiums are being proposed in this project; the landscape finger islands are proposed to be the length of parking spaces and perpendicular, but could be angled to help with visibility; visitors to the hotel guests would be a small iripact on Mary 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, dysfunctional area will be replaced with new functional one that is not a strip mall; a hotel would give the City a August 5, 2008 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% too 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 similar to the Los Altos site shown earlier by a speaker, and perhaps it should spread out into a bigger footprint ar~d spread out into the other parcel) • Use the entire lot 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 85; not enough parking ~n Mary • Agree with staff's 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 worthwhile • Need more discussion on parking and setbacks; too many hotel rooms for the parking proposed, and no mention of handicap parking; perhaps the parking doesn't need to be re-worked but better 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 and mixed-use are a plus for the area • Not sure about reduction of mixed-use; perhaps a smaller hotel would be better, or integrate the hotel with the shopping center • The hotel is too 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 applicant 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 hotel bigger. He said that reducing the number of rooms was not acceptable. Additional discussion followed regarding setbacks, the building footprint, and parking. Mr. Piasecki noted that the parking ordinance was applied to the project but would come back to staff with a formula for the numbers. 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 standard 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 shifting 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. The 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~ns 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~ reviewed and recommended by the City of Cupertino Parks and Recreation Commission, Application No. ASA-2008-01, Villa Serra Apartments, Jonathan Moss, 20800 Homestead Rd. APN 326-09-029. (Continue to Au~. 19). No documentation in packet. Under "Postponements," this item was continued to August 19. 30. Consider a City-initiated Master Plan for the South Vallco Area, Application Nos. CP- 2008-02 (EA-2003-04), City of Cupertino, Citywide. (Continue to Aug. 19). No documentation in packet. Under "Postponements," this item was continued to August 19. UNFINISHED BUSINESS 31. Stevens Creek Corridor Phase 1B Project: a. Award a Construction Contract to Robert A. Bothman, Inc to construct the Stevens Creek Corridor Phase 1B Project in the amount of $4,161,300.00 b. Restore $420,000 removed on May 20, 2008 and maintain the Project Budget at $14,123,000 to perform the work needed to bring Blackberry Farm to readiness for its opening next spring Public Works Director Ralph Qualls reviewed the staff report. He noted that $100,000 of the $420,000 would go toward updating the bathrooms at Blackberry Farm Golf Course. ~ 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 for any contingencies and more improvements. 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 moving 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. Carol Stanek said ~he was in support af 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 Pernando 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 $100,000 from the golf course reserve fund to maintain a project budget of $14,123,000. The motion failed with Santoro, Wang, and Wong voting no an:i Mahoney and Sandoval voting yes. Santoro/Wong moved and seconded to remove $500,000 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 $100,000 from the golf course fund. Wong 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 a~reement with Swinerton Management and Consulting for construction mana~ement services for the completion and closeout of the Marv Avenue Bicycle Footbrid~e Project in an amount not to exceed $300,000 for a total contract of $900,000 and approval for additional services as may be required subject to the approval of the Director of Fublic Works in an amount not to exceed $100,000, Resolution No. 08- 113. Mahoney/Santoro moved and seconded to adopt Resolution No. 08-113. The motion carried unanimously. August 5, 2008 Cupertino City Council Page 16 NEW BUSINESS ~4. Designate a voting delegate and alternate for the League of California Cities Annual Conference September 24-27. Mahoney/Santoro tnoved and seconded to designate Council member Gilbert Wong as the voting delegate. The motion carried unanimously. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:11 a.m. on Wed., Aug. 6 the meeting was adjourned. ~ G.`~.~~~" Grace Schmidt, Deputy City Clerk 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 Internet at www.cupertino.org. 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.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.