04. Draft MinutesCUPERTIN4
DRAFT MINUTES
CUPERTINO C:[TY COUNCIL
Regular ]vleeting
Tuesday, September 16, 2008
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Dolly Sandoval, Vice-Mayor ~~rrin Mahoney, and Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent: none.
CLOSED SESSION -None
CEREMONIAL MATTERS --PRESENTATIONS
Proclamation honoring Cupertino High School's 50th anniversary. (No documentation in
packet).
Mayor Dolly Sandoval presented a proclamation to Principal Kami Tomberlain. The
Principal introduced some dignitaries and students in the audience.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
Deputy City Clerk noted a communication not ort the agenda regarding a Minute Order from the
Planning Commission to set a study session on the Heart of the City. Written communications
submitted for items on the agenda are listed under their specific item.
ORAL COMMUNICATIONS
Susie Blackman from the Cupertino Chamber of Commerce said that the 6th annual Diwali
Festival would be held at Memorial Park on Sept.. 27 from 10-5. She also extended an invitation
to the traditional Dandiya Night dance after the f ~stival. Tickets to the dance are $15 adults, $10
children 5-10 and free under age 5. Tickets are available from the Chamber of Commerce office
on Silverado Ave. or from Cupertino Bakery on L-eAnza Blvd.
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September 16, 2008 Cupertino City Council Page 2
Gerald Hanson, President Emeritus of Bethel Lutheran Church, commented on the church's role
in the community and noted that they have been working with other chwches on various
community events. He said that the church is installing its solar systems and wanted Council to
be aware of the chwch's interest and concern in how non-profits work in developing the solar
greening of Cupertino. ,
Shiloh Ballard, Silicon Valley Leadership Group, noted that the Applied Materials Silicon Valley
Turkey Trot walk or run would take place on Thanksgiving Day. She said the all-volunteer event
last year raised more than $218,000 dollars for Children's Health Initiative, Second Harvest Food
Bank, and the Housing Trust of Santa Clara County. She said that this year the goal is to have
8500 participants donate more than $250,000. She noted that a special race within the race would
be the Akeena Solar Mayor's Cup Community Challenge. Every mayor, council member or staff
person from each city will receive specified points and the city with'the most points wins the cup.
Go to www.svl .net for more information.
Mayor Sandoval noted she would like to close the meeting in honor of Margaret Limberados who
passed away over the weekend. She was an active member of the community, a Biock Leader,
CERT graduate, and Neighborhood Watch Captain in the Garden Gate Area.
CONSENT CALENDAR
Wong/Santoro moved and seconded to approve the items on the Consent Calendaz as
recommended, with the exception of Item Nos. 5 and 9, which were pulled for discussion. Ayes:
Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None.
2. Approve the minutes from the September 2 City Council meeting.
3. Adopt resolutions accepting Accounts Payable for August 29 and September 5,
Resolution Nos. 08-122 and 08-123.
4. Adopt a resolution accepting Payroll for September 5, Resolution No. d8-124.
6. Approve an application for an Alcoholic Beverage License for Sitar (formerly Taco Del
Mar), 21267 Stevens Creek Blvd., Ste. 320 (On-sale beer and wine for bona fide public
eating place).
7. Adopt a resolution approving an improvement agreement, Marci Properties, LLC, 10056
Orange Avenue, APN 357-17-058, Resolution No. 08-126.
Through an improvement agreement with the City for asingle-family/commercial
development building permit, the applicant will be obligated to bond and construct city-
specified roadside improvements along the street frontage of their building site.
8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Mazci Properties, LLC, 10056 Orange Avenue, APN 357-17-058, Resolution No.
08-127.
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September lb, 2008 Cupertino City Council Page 3
The property owners of this residentiaV~~ommercial development agree to grant to the
City the right to extract water from the basin under the overlying property.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
5. Rescind Resolution No. 07-055 and adopt the amended Conflict of Interest Code of the
City of Cupertino for officials and designated employees, Resolution 08-125.
Santoro/Wong moved and seconded t~o adopt the resolution. The motion carried
unanimously.
9. Receive the Annual Report from the City Manager.
Mahoney/Wong moved and seconded to receive the report: The motion carried
unanimously.
PUBLIC HEARINGS
10. Consider a new public park design reviewed and recommended by the City of Cupertino
Parks and Recreation Commission, Application Nos. ASA-2008-01 and M-2008-04, a
modification of the Architecture and Site Approval (ASA-2007-03) to amend the fees
required by the conditions of approval, Villa Serra Apartments, Jonathan Moss/Mike
Ducote, 20800 Homestead Rd. APN 326-+J9-029. {Continued from Aug. 19}.
Written conununications included the following:
^ Minute Order from the Planning Commission noting they did not make a
recommendation
^ Parks and Recreation minutes from June 5, 2008
Mr. Lettieri from Guzzardo Partnership overviewed the play and exercise equipment, site
furnishings, fences, and trees. He noted that public restroom facilities were not discussed
since the park is small. He also noted that: there was no proposed lighting for the site, but
that Council could add that.
John Moss from Prometheus said that h.is understanding is that the park requirements
from the City for parkland is either land dedication or pazk fee, but not both, nor the
additional requirement of the park improvement.
At 8:19 p.m. Mayor Sandoval opened the public heazing.
Keith Murphy said that it was important 'to provide infrastructure for the community and
even if there is an in-lieu fee the City must decide where to put the park. He noted it
would be best to have the park on the site of the development if at all possible.
Darrel Lum said he had no objection to tlhe park but noted that the project was approved
with conditions including the applicant being required to dedicate the land, pay the park
acquisition fees, and pay for the park improvements. He noted that at the Planning
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September 16, 2008 Cupertino City Council Page 4
Commission meeting on September 9, Prometheus stated objections to the park
conditions, but cited emails that were dated before the Council approval in July. He said
that if the improvements to the park exceed $640,000 that the City should help pay for the
improvements.
Jennifer Griffin said she hopes for a successful resolution and to have a new park on
Homestead Road. She noted that she is glad the City would maintain ownership of the
park.
At 8:27 p.m. Mayor Sandoval closed the public hearing.
Wong/Mahoney moved and seconded to approve all applications with the following
conditions:
^ Leave all parking stalls in place
^ No restrooms needed
^ Add pathway lighting
^ Park will be public
^ City will maintain pazk
^ Approve Option "A" to include additional picnic areas and benches added from
option "B"
^ Reduce the park in-lieu payment obligation from $400,000 to zero
Wang .added a friendly amendment to make the park in lieu payment obligation condition
be a separate motion. Wong accepted the friendly amendment. The motion carried
unanimously.
Sandoval added a friendly amendment to have the pathway lighting be solaz. Wong
accepted the friendly amendment. The motion carried unanimously.
Wong/Mahoney moved and seconded to reduce the park in-lieu fees payment obligation
from $400,000 to zero and to approve a budget adjustment of $400,000 in the current
year Park Dedication Fund estimated revenue, a reduction in transfers to/from the Park
Dedication Fund/ Lawrence Mitty Park Capital Improvement Project (CIP) Fund in FY
09/10 and a reduction of the CIP fund expenditures of $400,000 in 09/10.
Santoro added a friendly amendment to reduce the pazk in-lieu fee to $200,000. Wong
accepted the friendly amendment. The motion failed with Sandoval, Mahoney, and Wong
voting no and Santoro and Wang voting yes.
The original motion carried with Sandoval, Mahoney, and Wong voting yes and Santoro
and Wang voting no.
At 9:08 p.m. Council recessed unti19:15 p.m.
11. 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 Aug. 1~9).
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September 16, 2008 Cupertino Ci1.y Council Page 5
Written communications included the following: -
^ Email from Keith Murphy dated September 16, 2008
^ Version of draft South Vallco Master Plan incorporating all-changes
^ Handout from Darrel Lum
Kevin Dare, Project Manager with Sandl~ill, distributed a finalized version of the draft
South Vallco Master Plan incorporating the changes made last time and went through
PowerPoint slides highlighting the changes to the plan.
9:52 p.m. Mayor Sandoval opened the public hearing.
Suzi Blackman, Executive Director of the: Chamber of Commerce, said that Sandhill had
made satisfactory changes to the plan a~1d encouraged Council to approve the Master
Plan.
Mike Foulkes from Apple said that this was a planning and not a prescriptive document.
He asked Council to look at the plan as a good blueprint for South Vallco and to leave in
flexibility in order to develop a great ret~~il center and not hurt key employment centers
like Hewlett Packard (HP) and Apple. fle noted that they Apple would be flexible on
parking on Vallco Parkway and that office; allocation would need to be dealt with at some
point.
Bill Roberts from HP encouraged flexibility on sustainable design measures, supported
the retail language, and encouraged C`.ouncil to deal with office allocation when
discussing the Housing Element.
Darrel Lum distributed a handout. He sand that the draft master plan has been redrafted
significantly since the August 19 Council meeting, especially regarding Calabasas Creek,
and is no longer consistent with the General Plan, the Heart of the City Specific Plan, ar
the North Vallco Plan; He detailed some of the language that was changed and asked
Council to approve the South Vallco Master Plan as presented on Aug. 19 with only
changes to the introduction.
Keith Murphy said he agrees with Mr. Lu~m and asked that Council approve the plan from
the Aug. 19 meeting without the changes made by HP and Apple. He showed pictures of
the access road to Calabasas Creek.
Tom Hugunin showed a map from the community workshop design. He talked about
Policy 6.4 and said that putting General flan amendments into the plan is a bad idea but
liked the idea of striving for LEED silver. He encouraged Council to adopt the Aug. 19
plan with minor modifications.
Ned Britt said he is the current president of the Concerned Citizens of Cupertino (CCC)
and his group is listed as one of the community contributors. He noted that the language
of General Plan policy 6.4 raises red flags and implies an intent to modify, amend, or
subvert the General Plan with unspecified amendments. He noted concern over the
wording regarding increasing the density of office development in addition to supporting
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September 16, 2008 Cupertino City Council Page 6
retail and residential uses because any intent to increase density is a cause for concern. He
asked Council to remove Policy 6.4 from the master plan.
Jennifer Griffin commented that parking on Vallco and Stevens Creek Blvd. isn't a good
idea because it would slow traffic. She asked Council to make sure the Calabasas Creek
trail is something that future generations could put in and use; protect the ash trees;
respect the 35-foot public right-of--way; remove 6.4 from the plan; don't have any General
Plan amendments and allow no exceptions to the General Plan in the master plan
document.
Al Di Fransesco said that this was a planning document and thanked Apple and HP for
their input. He noted that Calabasas Creek should be available for some sort of
development in the future. He said he was concerned about the office development
section of 6.4 because it was outside the scope of the plan and should be developed
separately.
10:21 p.m. Mayor Sandoval closed the public hearing.
Beau Goldie, Deputy Operating Officer for the Santa Clara Valley Water District,
responded to questions from Council members and said that the District's primary
mission, besides water supply, is flood protection and providing for habitat restoration in
the area. He noted that the District encourages trails and provides funding throughout the
county, partnering with cities to construct them, and they hope to achieve 70 miles of
trails throughout the County. He added that no trail should impede the flow of water and
the environment should be protected while the trail is put into place, encouraging green
design.
Santoro/Wong moved and seconded to approve the South Vallco Master Plan from the
August 19 meeting with the following amendments:
^ Add the words, "a Conceptual Guideline" to the title page
^ On page 2 undex Acknowledgments, add the Santa Clara Valley Water District as
one of the South Valley Property Owners
^ On page 4 under Executive Summary, the second sentence should read, "The City
Council defined this plan as a blueprint or "focused" Master Plan ("Plan") to
provide guidelines and a framework primarily dealing with the coordination and
interface of the properties in the area commonly referred to as South Vallco ("plan
area") (see Figure 1.1)."
^ On page 5 under Relationship to the City's General Plan, the first paragraph
should read, "The City of Cupertino General Plan includes a requirement that a
Master Plan be created for the South Vallco area. While this document fulfills that
requirement, the plan is intended to provide a framework for discussion and may
evolve over time."
^ On page 6 under Master Plan Area Property Owners, add the Santa Clara Valley
Vi-'ater District, and be sure the names listed under Community Groups match
those names listed on page 2 under Community and Neighborhood Groups.
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September 16, 2008 Cupertino City Council Page 7
• On page 8 of the Aug. 19 document (page 11 of the Sept. 16 document} under
Vallco Parkway, the reference tai a four-lane roadway in the first and the last
sentence of that paragraph should be changed to a six-lane roadway.
^ On page 9 of the Aug. 19 docw7ient (page 11 of the Sept. 16 document) under
Perimeter Road, the last sentence should read," Perimeter Road is grade separated
at Wolfe Road with no direct acre:~s between the two roadways at that location."
^ On page 9 of the Aug. 19 docunent (page 12 of the Sept. 16 document) under
Existing Pedestrian Circulation, tl7~e second-to-last sentence of the third paragraph
should read, "No sidewalks exist along Vallco Parkway east of the park-and-ride
lot or along Tantau Avenue between Stevens Creek Boulevard and the Highway
280 overpass."
^ On page 12 of the Aug. 19 document (page 1S of the Sept. 16 document) under
Improve circulation and connections, Objective {E} Pedestrian Connection, the
second sentence in that section should read, "Fostering safe pedestrian walkways
and convenient on-street parking along Vallco Parkway are critical to making the
area welcoming and supporting retail viability."
^ On page 12 of the Aug. 19 document (page 15 of the Sept. 16 document) under
Promote compatibility with existing developments, Objective (H) Development
Compatibility, the second sentence; in that section should read, "Proposed projects
should be compatible with uses a<,; described in the General Plan and it would be
preferred that buildings in the plan area engage the street."
^ On page 18 of the Sept. 16 document, strike the additional paragraph language
added just before Chapter 5 Circulation that began with, "The design features"
and ended with "such design featw-es."
^ On page 16 of the Aug. 19 document (page 20 of the Sept. 16 document) under
Future Pedestrian Circulation, add two additional paragraphs after the second
paragraph. The first additional paragraph should read, "Bike paths that connect
South Vallco to neighboring distri~~ts, in particular the major employment centers,
will greatly aid in reducing vehicle trips and serve to enliven South Vallco with
greater pedestrian activity." The second additional paragraph should read, "There
are opportunities to develop bike paths within the plan area and they may be
studied including contacting the Santa Clara Valley Water District to discuss
potential opportunities."
^ On page 16 of the Aug. 19 document (page 20 of the Sept. 16 document) the last
paragraph before Future Vehicular Circulation should read, " Calabazas Creek is
an important element to the plan Berea in identity and connectivity. There may be
opportunities within the plan for new developments to connect to and support the
implementation of pedestrian and bicycle connections along Calabazas Creek
trail. Subject to input from various community stakeholders and surrounding
landowners, and evaluating flood Iirotection, security, and liability issues, the trail
implementation may provide access from Vallco Parkway, Highway 280
underpass, and Tantau Avenue."
• On page 17 of the Aug. 19 document {page 21 of the Sept. 16 document} under
Future Vehicular Circulation, in tl~e paragraph after Policy 5.5, strike the fourth
sentence, "Similarly proposed parking along Stevens Creek is intended to increase
accessibility to existing and future retail stores along the street."
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September 16, 2008 Cupertino City Council.
Page 8
^ On page 22 of the Sept. ld document, do not add the additional paragraph just
before the last paragraph that began with, "The existing tertiary" and ended with
"future development."
^ On page 19 of the Aug. 19 document (page 22 of the Sept. l6 document) under
Chapter 6 Land Use, add a new Policy 6.3 before the existing policy 6.3, "Explore
methods to ensure new buildings on the South side of Vallco Parkway that do not
propose retail shall demonstrate that those building's frontages along Vallco
Parkway can be converted to accommodate future ground floor retail ;e.g.
adequate ceiling heights, access, etc.). In the event that there is significant
redevelopment and use conversion to retail of the existing office developments
located on the North side of Vallco Parkway, South Vallco parkway property
owners shall either implement the conversion or provide City Council the status of
the market feasibility."
^ On page 22 of the Sept. 16 document, do not add a new Policy 6.4 that began
with, "Consider General Plan amendments" and ended with "associated with
higher densities."
^ On page 19 of the Aug. 19 document (page 24 of the Sept. 16 document) under
Future Land Uses and Services, the first sentence in the fourth paragraph, should
read, "Retail uses along Vallco Parkway, from Wolfe Road to Tantau Avenue, are
encouraged in future significant redevelopments."
^ On page 19 of the Aug. 19 document {page 25 of the Sept. 16 document), Policy
6.3 should be changed to "Policy b.4" and should read, "Implement sustainable
and energy efficient measures within individual developments and address the
level of green building certification goals."
^ On page 19 of the Aug. 19 (page 25 of the Sept. 16 document), Policy 6.4 should
be changed to "Policy 6.5."
Council also gave direction for staff to distribute the finalized South Vallco Master Plan
with the weekly Items of Interest. The motion carved unanimously.
Council recessed from 11:33 p.m. to 11:42 p.m.
The mayor reordered the agenda to take up Item No.13 next.
NEW BUSYNESS
13. Receive a presentation by the Santa Clara Valley Water District regarding the Permanente
Creek Flood Protection Project.
Council concurred to schedule a study session on this item for Sept. 30 at a time certain
of 6:45 p.m.
Item No. 12 was heazd next.
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September 16, 2008 Cupertino Ciry Council Page 9
12. Consider an appeal of the Planning Commission's decision to approve a Residential
Design Review for a new 4,491 square foot, two-story, single-family residence with a
basement and a Minor Residential Permit for a side facing, second-story balcony on the
new residence, Application Nos: R-2008-14, RM-2008-16, Chia-Ching Lin, 21947 Lindv
Lane, (Krishnapura & Minasandram residence}, APN 356-25-029. The appellant is
Seema Mittal & Sarvesh Mahesh.
Written communications included the following:
^ An email from Seema Mittal dated September 15, 2008
^ An email from Seema Mittal dated September 16, 2008
^ An email from Jeffrey Hare dated September 15, 2008
^ An email from Edward Chan dated September 14, 2008
^ A hard copy of the applicant's pre;~entation
Council member Mark Santoro recused himself from this item and left the dais.
The appellant Seema Mittal said that her two concerns for the proposed project are the
massive, incompatible upper story and thf: severe geo-technical risks. She said this area is
a lifestyle neighborhood with premium view properties ranging from .5-acre to 2.5-acres;
3 of the 15 homes are new and all have the wedding cake design. She noted that over a
period of 2.5 years, 3 different zonings have been applicable in this area and that she
designed her house and projected what might be built on the neighbor's property based on
a certain zoning assumption. She showed diagrams reviewing the upper floor ratio and
mass of the project as compared with the rest of the neighborhood and said that the
current applicant's home doesn't have the same restriction on the upper story and that the
project is incompatible with the rest of the neighborhood under the R1 design guidelines.
She talked about her house losing 60% of its shading coefficient because of the huge
upper story of the proposed project and also discussed geo-technical issues. She asked
Council to reduce the upper story size to be compatible with the rest of the homes in the
neighborhood, especially the adjoining homes, and asked for a condition of approval for
the shoring plans to be done by a structur,31 engineer and reviewed by the City, and asked
the City for indemnification to mitigate her risk.
The applicant Sheshaprasad Krishnapura distributed a hazd copy of his PowerPoint
presentation. He highlighted his key message points: 1 }the design meets the requirements
of Ordinance No. 07-2011 completely ~~ith no exceptions; 2) a comprehensive geo-
technical review of the lot finds proposed design and building construction suitable; 3)
the mass and bulk of the design is thE; lowest compared to the east and west side
neighbors {72% and 79%); 4) the building; location is at the lowest slope portion of the lot
limiting the cut and fill; 5) the applicants diligently worked with City senior planners
since Nov. '07 to design the house; 6} all recommendations/comments from the Planning
staff, covering public feedback are addressed by fully adhering to the ordinance; 7) the
detailed landscape plan addresses all neil;hbors' privacy; 8) there is no impact to active
solar for any neighbors.
At 12:32 a.m. on Wed., Sept. 17 Mayor S~uidoval opened public hearing.
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September 16, 2008 Cupertino City Council Page 10
Bill Guengerich said that he is a neighbor and supports the appeal because the placement
of the proposed house takes the heart out of the view of the appellant's house.
Smita Dubey said that the City should require a green review for any new construction.
She noted that the Mittal home was built as a green home and it wouldn't be as energy
efficient with the new proposed home.
Matagani Rajamani said that the appellant's house already exists and that even though the
applicant addressed all the concerns of staff, they aren't living next door. She noted that
the City advocates being green and the Mittal home is a green home. She urged Council
to uphold the appeal and protect the green homes.
Edward Chan said he is the down-slope neighbor and is not opposed to the house but has
concerns for privacy that weren't discussed at the Planning Commission. He said the
second floor of the proposed home has a direct view into his backyard anal bedroom
window and that it would take a long time for privacy screening to grow. He asked
Council as a-fair compromise to remove the stepped-out portion of the second floor or
have it further away from his house.
Nitu Kohli, a realtor and resident, said that the appellants had originally decided to pay
more for their current lot because of the view, instead of the adjacent lot that the applicant
currently owns, and because it had anaturally-existing building pad. She noted that the
adjacent lot has no build-able pad and a very steep slope. She said that the City has a
responsibility to enforce some rules to protect the rights of the existing homeowners. She
urged council to use this case to mandate all future applicants to be responsible and take
into account the concerns of the existing families.
Tej Kohli said it was wrong that 3 different zonings were applied on same property in 2.5
years for 15 properties, and zoning restrictions on hillsides should be tighter than those on
flat areas. He urged Council to vote for adjudicated mediation between the appellant and
applicant rather than voting for or against the appeal.
Zuby said that the rights of those being affected by the project should also be considered.
She urged Council to uphold the appeal.
Mahoney/Sandoval moved and seconded to deny the appeal and approve the application
with a modification to remove the lower balcony completely.
Wong added a friendly amendment to move the house forward by 6 feet. Mahoney
accepted the friendly amendment. The amendment carried with Santoro absent.
The original motion to deny the appeal and approve the application with a modification to
remove the lower balcony completely, along with the amendment to move the house
forward by 6 feet, carried with Santoro absent.
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September 16, 2008 Cupertino City Council Page 11
UNFINISHED BUSINESS
Mayor Sandoval reordered the agenda to take up item 15 next. Council member Santoro was not
present.
ORDINANCES
Council member Santoro was still absent.
15. Conduct the second reading of Ordinanc:e No. 08-2030: "An Ordinance of the City of
Cupertino Amending Sections 17.08.010 and 17.32.090 Relating to Temporary Special
Event Banners, Promotional Devices, and Portable Signs and Displays."
Mahoney/Wong moved and seconded to read the ordinance by title only and that the City
Clerk's reading would constitute the second reading thereof. Ayes: Sandoval, Mahoney,
Wang, and Wong. Noes: None. Absent: Santoro.
Mahoney/Wong moved and seconded to enact Ordinance No. 08-2030. Ayes: Sandoval,
Mahoney, Wang, and Wong. Noes: None. Absent: Santoro.
Item number 14 was taken up next.
14. Consider Application Nos. ASA-2008-0`.-, (EA-2008-06}, M-2008-01•, and TR-2008-06,
Tim Kelly (Embarcadero Capital Partners}, 1 Results Way, APN Nos. 357-20-041 and
357-20-046.
Written communications included the following:
^ An email from Suzi Blackman dated September 16, 2008
^ An email from Judy Wilson dated September 16, 2008
^ An email from Virginia Tamblyn dated September 14, 2008
^ A letter from Dennis Whittaker dated September 16, 2008
^ An email from Darrel Lum dated :ieptember 17, 2008
^ A corrected Mitigated Negative Declaration
Council concurred to continue this item to Wed., Sept. 17 at 4:00 p.m.
STAFF REPORTS
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 1: 25 a.m., on Wed., Sept. 17, the meeting v/as adjourned to Wed. Sept. 17 at 4:00 p.m. to
hear Item No. 14.
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September 16, 2008 Cupertino City Council Page 12
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.or~. Click on
Agendas & Minutes/City CounciU Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience on the web site: Visit www.c~ertino.or~ and click on View Meetings Online.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364.
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C O P E RT I N O DRAFT MINUTES
CUPERTINO Cl[TY COUNCIL
Regulaz Adjourned Meeting
Wednesday, September 17, 2008
PLEDGE OF ALLEGIANCE
At 4:00 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in the Council
Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Dolly Sandoval, Vice-Mayor ~~rrin Mahoney, and Council members Mark
Santoro, Kris Wang (4:12 p.m.}, and Gilbert Wong. Absent: none.
NEW BUSINESS
14. Consider Application Nos. ASA-200$-O5, (EA-2008-06), M-2008-01, and TR-2008-06,
Tim Kelly {Embarcadero Capital Partners), 1 Results Way, APN Nos. 357-20-041 and
357-20-046. Continued from September 16.
a) Negative Declazation, including the following conditions:
b) Architectural and Site Anaroval and amendment to Development Approval for the
demolition of five buildings containing about 139,632 square feet and the
development of three new, two-story office buildings containing 155,500 square
feet, atwo-level, 204 space parking garage, surface pazking lot and landscaping
improvements at an existing 19.8 acre office park
Senior Planner Colin Jung• reviewed. the staff report via PowerPoint slides. Discussion
followed regarding the dedication of land proposed in condition 31 as well as different
configurations for traffic and drop-off zones.
Sandy James, representing the applicant, discussed the company's active participation in
the community, including the.donation of training and storage space for the school district
and the fire department. She said they also participated in the Cupertino Veterans'
Memorial. James said that outreach had'been done to the PTA, Chamber of Commerce,
Homeowners Association, Apple Computer, etc., and many had written letters of support.
She said that both of the school districts h;3d been supportive as the plans were developed.
She noted that the owners have addressed all suggestions, and accommodated them where
possible.
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September 17, 2008 Cupertino City Council
Page 2
John Hamilton, the property owner, said that there would be no residential component,
and no connection through #o Imperial Avenue. He said they would increase the
landscaping, in response to specific input from the community, and would keep the four
big pines at the corner. He noted that they intend to create an open campus to welcome
people in, and to retain the corrapanies, which occupy neaxly half of the park. He also said
they are committed to achieving LEED Silver certification (Leadership in Energy and
Environmental Design) for environmentally efficient buildings.
Rich Sharp, the landscape architect, explained the landscaping plan in more detail. He
said that the extended entry drive would create equal visibility to all building entries, the
landscape design would reinforce the geometry of the site, and bioswales would be added
to collect runoff. They will save pine and ash trees at the entry, but will create a more
open front lawn and add a cafe and terrace space. He said they have made ~ an
improvement to the pxoposed tree count, and will only remove 288 trees, of which 22 are
unhealthy, and will replace them with 373, new trees. They will save a number of large
trees and heritage trees, many of which are on the perimeter of the site.
Greg Hagey, the project architect, said the overriding goal was to create a clean, more
modern look for the complex. The buildings are a combination of warm tones, solid
surfaces, and glass, with shade structures on the southern exposures. He said the glass is
high-efficiency glass, with operable windows, and discussed other "green",features of the
buildings. He reiterated .that they are dedicated to LEED silver certification. He also
noted a location for public art. He explained that the garage between the buildings is more
of a six-foot high landscape wall, since half of it is below grade.
Gary Black, Hexagon Traffic Consultants, the traffic engineer retained by the City, said
that the traffic study indicated that 155,000 sq. ft. would generate 240 peak hour trips.
The 66 and 68 numbers in the staff presentation represents the increment above what
would occur if the full campus were now fully occupied. He noted that they assumed a
change in use from research and development to office, which is slightly more intense.
Mr. Black said that they conducted a full traffic study, which was handed out to the
Council members. They counted all the intersections in 2008 while school was in session.
All intersections now operate within the City's standard, level of service D, and when
they layered on traffic from this project all intersections continue to operate within that
level of service.
Darryl Lum sent an email, .distributed earlier, which stated his support for the project,
because of LEED silver certification, replacing obsolete building No. 5, providing an
open campus, among other reasons.
Tom Hugunin asked about circulation patterns on the campus and suggested locations
where more landscaping was needed. He noted. that the plan showed the trash enclosure
at the wrong location. He suggested that they modernize the lighting to be snore energy
efficient and to keep it from spilling into the residential neighborhood, particularly close
to the football field.
4-14
September 17, 2008 Cupertino City Council
Page 3
Jennifer Griffin said this would be a good use of the land on Bubb Road and will serve as
an example for the rest of the city.
Mahoney moved and Wong seconded to adopt the Mitigated Negative Declaration as
recommended by staff. The motion carried unanirnously.
Santoro moved and Wong seconded to approve ASA-2008-05, (EA-2008-06), M-2008-
O1, and TR-2008-Ob, with the following; modifications to the conditions. The motion
carried unanimously.
• Accept the Tree plan as proposed (wh:ich includes removing the Sweet Gum trees}
• Okav to remove the fence
• Require additional landscaping at thrc;e locations where streets exit on the west side,
in order to screen residential areas from vehicle headlights
• Amend Condition No. 31 regarding "Craffic/Signal Improvements to require that the
proposed changes (traffic; signal improvements at Bubb Road & Results Way, and
dedication of improvement of land off McClellan Road frontage for road widening)
be sent to City Council for approval a1: a later date
• Add a condition regarding garbage dumpsters for Building 5
• Require that the HVAC equipment: be buffered and/or moved away from the
residential area without creating a negative impact on the aesthetics of the buildings
STAFF REPORTS -None
COUNCIL REPORTS
Mayor Sandoval highlighted a number of community events. Past events included the Fall
Festival, a new memorial to 9-11 victims installed at the Stevens Creek Boulevard fire station,
and athank-you party for Seniar Center volunteers. Upcoming events included the Divali
Festival of Lights and Cupertino High Schools' 50th anniversary.
Mayor Sandoval noted the passing of community member Margaret Limberatos, who was an
avid bicyclist, a member of CERT {Cupertino 1=:mergency Response Team} and Neighborhood
Watch. Mayor Sandoval closed the meeting in h<;r honor. .
ADJOURNMENT
At 6:12 p.m., the City Council adjourned to 5:00 p.m. on September 30, 2008, for a study session
on ordinances relating to the city attorney and city manager positions. At 6:45 p.m. there also
will be a study session with the Santa Clara Valley Water District regarding the Permanente
Creek Flood Protection project.
Kimberly Smith, City Clerk
4-15
September 17, 2008 Cupertino City Council
Page 4
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.cuUertino.or~. Click on
Agendas & Minutes/City Council/ Packets.
Most Council meetings are' shown live on Cable Channel 26, acid are available at your
convenience on the web site: Visit www.cupertino.org and click on View Ivieetings Online.
Videotapes are available at the Cupertino Library, or maybe purchased from the Cupertino City
Channel, 777-2364.
a-~s
C O P E RT I N O - DRAFT MINUTES
CUPERTINO C][TY COUNCIL
Regular Adjourned Meeting
Tuesday, September 30, 2008
ROLL CALL
At 5:08 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in Conference
Room A of City Hall, 10300 Torre Avenue, Cupertino, California.
Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent: none.
STUDY SESSION
1. Guidelines for City Council meetings.
Mayor Sandoval asked for suggestions and feedback from the Council members about
way to streamline the City Council meetings.
Wong moved and Santoro seconded to re-arrange the agenda to discuss this item after
item No. 3. The motion carried with Sandoval and Mahoney voting no, and Council
moved on to discuss the next item.
2. Discussion of ordinances related to the City Manager and City Attorney positions.
The Council members asked clarifying ~Iuestions about various sections of ordinances
relating to the City Manager and City Attorney positions, as well as about the City
Attorney's contract.
The City Attorney explained that after Council had reviewed the attorney's contract in
detail, he forwarded the changes to Council and asked for additional comments. When no
further comments were forthcoming, he i~hen forwarded that version of the document to
Murray and Associates for their use in th~~ City Attorney position recruitment. However,
if there were technical changes or new ite~:ns to add, Council could do so now.
Council discussed section 2.18.040, and the City Attorney explained that the text had
been written when the Attorney's position was paid hourly. Council directed staff to
amend the section to read as follows:
4-17
September 30, 2008 Cupertino City Council Page 2
2.18.040 Attorney-Staff Relations
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. Periodically, but not less than once per year, the City
Attorney and City Manager shall meet and confer in good faith regarding the allocation
of the City Attorney's time among City departments.
Council members discussed Section 2.18.110 (D), which required that the City Attorney
provide four week's written notice prior to resignation. Wang moved and Wong seconded
to amend that section to require the City Attorney to provide six weeks written notice.
The motion failed by the following votes: Ayes: Wang and Wong; Noes: Mahoney and
Sandoval; Abstain: Santoro. Counci! member Santoro explained that he abstained
because of the phrase "at least" a month's notice, and that in most cases the attorney
would provide much lengthier notice.
Council concurred to remove section 2.28.202, the City Manager's residency
requirement, on the advice of the City Attorney.
Discussion followed regarding Municipal Code Section 2.28.040 (D) regarding the
powers and duties of the City Manager. Council members discussed whether the City
Council should participate in the department director selections, since the ordinance
specified that department director dismissals could be appealed to Council. The Council
members concurred that they wished not to participate in decisions related to hiring and
firing directors, and asked staff to prepare new wording to reflect that decision, as well as
to make the language of that chapter all gender-neutral.
Discussion followed regarding the inconsistency between Municipal Code Section
2.28.090, which requires a 4/5 vote of Council to terminate the City Manager, versus
Section 2.18.110, which requires a 3/5 vote of Council to terminate the City Attorney.
Council member Santoro said that he felt the two sections should be consistent, but it was
not his intent that the changes apply to the incumbent employees. The City Attorney
cautioned that making changing 2.28.090 would affect provisions in the current City
Manager's employment contract, and that the City Council may wish to grandfather in the
incumbent. The Council members agreed to hold a closed session later in the evening to
discuss the contractual provisions of the City Manager's position.
Santoro moved and Wong seconded to change the first sentence of Section 2.28.090(A)
to be the same as the first sentence in Section 2.18.10(A), with the result that terminating
either the City Manager or the City Attorney would require a 3/5 vote of City Council.
The motion carried with Sandoval voting no. She stated that she felt the closed session
discussion should happen before Council took action on this topic.
a-~s
September 30, 2008 Cupertino City Council Page 3
The Council asked that these proposed cl~,anges be put on the agenda of October 21; or as
soon as the updated wording was available from the city attorney.
RECESS - 6:40 p.m. to 6:48 p.m.
PLEDGE OF ALLEGLANCE
At 6:48 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber,
103.50 Torre Avenue, Cupertino, California, and ].ed the Pledge of Allegiance.
ROLL CALL
Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and. Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent:
ORAL COMMUNICATIONS -None
NEW BUSINESS
3. Receive a presentation by the Santa Clara Valley Water District regarding the Permanente
Creek Flood Protection Project (continued from September 16, 2008).
Mayor Sandoval noted that this item is for public information only and the City Council
has no role in this project.
Patrick Kwok, member of the Santa Clara Valley Water District Board, said that the
project would focus on flood protection, environmental enhancement, and opportunities
for trails and open space. He noted that their mission tonight is to inform Council of the
nature and scope of the project.
Afshin Rouhani, Project Manager, distributed a packet titled, "Permanente Creek Flood
Protection Project", which contained a copy of the presentation, contact information, and
an overview of the project. He explained that the project goals are to: (1) Provide one-
percent flood protection from the Bay to El Camino Real by 2016; (2) Address
deteriorating concrete charinels; and i~3} Provide opportunities for environmental
enhancements and trail extensions. He continued with his PowerPoint presentation
highlighting the following: what are flood impacts; pictures of the Permanente Creek
flooding from 1983; extensive outreach during the planning process; project alternatives;
pictures of floodwalls and concrete channel widening; McKelvey Park flood detention;
Rancho San Antonio Park flood detention; Blach School flood detention; other
recommended project elements for future phases including Hale Bypass Channel and
Hale Creek Channel Widening; identified environmental enhancement opportunities
including riparian restoration and trail extension; and the project schedule.
Beau Goldie, Deputy Operating Officer, ~ and Mr. Rouhani answered questions from
Council.
4-19
September 30, 2008 Cupertino City Council
Page 4
Keith Muzphy said he wanted to know more about the process of the Clean, Safe Creeks,
and Natural Flood Protection tax passed in 2000; whether that is an ongoing tax that gets
renewed every few years; and what other projects could that money be used for. He also
asked how cities grant money for creek trails and parks.
Mr. Goldie said that the tax provides a limited amount of money to the district and it
sunsets in 2016. He noted that they have specific outcomes they have to achieve: flood
protection, clean, safe water in creeks and bays, healthy creek and bay ecosystems, and
trails, parks, and open space. He noted that the Board staff would suspend the current
enhancements work on the trail program, and will be discussing that during the April
2009 budget cycle.
Mr. Goldie gave a brief update on the Calabasas Creek Bollinger Road Bridge project. He
said that they will be done with the creek work by Oct. 15 and clean-up work will be
completed by Dec. 2008.
Mr. Goldie provided the City Clerk with a handout titled, "Inside Permanente Creek flood
protection project" which included the video presentation, as well as a bound document
titled Permanente Creek Flood Protection Project Planning Study Report. He said that the
public can view these documents, as well as video presentations and other information, by
going to their website at www.valleywater.org and clicking on the link for "flood
protection."
COUNCIL REPORTS -None
RECESS 7:45 p.m. to 7:53 p.m.
STUDY SESSION -Conference Room A, 10300 Torre Avenue
2. Discussion of ordinances related to the City Manager .and City Attorney positions
{continued from earlier in the evening)
City Council members continued to ask clarifying questions on various sections in the
two ordinances, but no further changes were made.
Guidelines for City Council meetings (continued from earlier in the evening)
Wang moved and Wong seconded to hold the closed session on the contractual provisions
of the City Manager's position at this time. Sandoval explained that she hoped to send
some of the staff members home, and therefore would like to have the closed session as
the last item. The motion failed with Wang voting Aye, Mahoney and Sandoval voting
No, and Wong and Santoro abstaining. The City Council moved on to discuss guidelines
for City Council meetings.
Sandoval asked for suggestions to shorten the Council meetings in order to be respectful
of the time of the Council members and of the public. She asked if the Council members
would be willing to clear their calendars for the day after Council meetings so that items
4-20
September 30, 2008 Cupertino City Council Page S
could be held over when necessary. She also asked if there was interest in a "cut-off
time" for taking up the next items.
The Council members discussed their preferences and agreed that they would check on
their progress throughout the meeting to determine whether they would be able to
complete all the items, and if not, they would provide notice early in the evening to
applicants and the audience members as to which item(s) might be continued to another
time. There was concurrence that although the Council members preferred not to continue
items to a later date, in most cases the meetings should finish by I :00 a.m. at the latest.
CLOSED SESSION -Conference Room A, i 03 00 Torre Avenue
At 8:40 p.m., Council went inta closed session pursuant to Government Code Section
S49S7(b)(1), Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of
Public Employee, to discuss personnel issues related to the City Manager's contract.
At 9:08 p.m. Council reconvened in open sessic-n. The City Attorney announced that the City
Council had taken no action in closed session.
Santoro moved and Sandoval seconded to rescind. the earlier motion, which amended Section
2.28.090(A) to be the same as the first sentence in Section 2.18.10(A), and which would have
required a 3/S vote to terminate the City Manager. The motion carried unanimously.
ADJOURNMENT
At 9:10 p.m. the meeting was adjourned
Kimberly Smith, 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 o~i the Internet at www.cupertino.org. Click on
Agendas & Minutes/City CounciU Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience on the web site: Visit www.cupertino.ora and click on View Meetings Online.
Videotapes are available at the Cupertino Librar;r, or may be purchased from the Cupertino City
Channel, 777-2364.
4-21
C O P E RT I N O DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, October 7, 2008
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
.~~
Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark
Santoro, Kris Wang and Gilbert Wong. Absent: none.
CLOSED SESSION
CEREMONIAL MATTERS -PRESENTATIONS
Mayor Sandoval presented a proclamation to Terry Van Fossen commending her.for saving the
life of Michael Harrison who suffered a heart attack on August 8, 2008 at the Cupertino Sports'
Center. Ms. Van Fossen administered CPR using the automated external defibrillator device
(AED). Mayor Sandoval noted that all City facilities now had AEDs on site. Ms. Van Fossen
thanked the Mayor and also stated that she was pleased to know that many people at the Sports
Center that day were now planning to learn CPR. Mr. Harrison gave his heartfelt thanks to Ms.
Van Fossen for her life saving efforts on his behalf. The manager of the Sports Center also
thanked Ms. Van Fossen and noted that Mr. Harrison planned to be back on the tennis courts
next week.
Mayor Sandoval presented Mr. Hugh Riddell with an award in recognition of his service to the
City of Cupertino as a member of the Public Safety Commission.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
Brock Winstead, representing Senator Joe Simitian, announced the Senator's upcoming Town
Hall meeting on Wednesday, October 1 S, from 6:00-'1:30 p.m. in the Cupertino Community Hall.
4-22
October 7, 2008 Cupertino City Council Page 2
Joyce Iwasaki, representing Assemblywoman Pro Tem Sally Lieber, announced the
Assemblywoman's upcoming Town Hall meeting on Sunday, October 12, from 2:00 - 4:00 p.m.
also in the Cupertino Community Hall.
CONSENT CALENDAR
Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 3, 4, 8, and 9, which were pulled for discussion.
Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None.
1. Adopt resolutions accepting Accounts Payable for September 12, 19, and 26 Resolution
Nos. 08-128 through 08-130.
2. Adopt a resolution accepting Payroll for September 19, Resolution No. 08-131.
5. Accept applications for an Alcoholic Bevea•age License:
a. HuChian~ Dumpling_ House, 108i'7 N. Wolfe Rd. (No. 41 On Sale Beer and
Wine)
b. Sushi Ya Restaurant, 21265 Stevens Creek Blvd., Ste. 205 (No. 41 On Sale Beer
and Wine -Eating Place}
c. Wang Tofu House, 10789 S. Blane;~ Ave. {No. 41 On Sale Beer and V-~'ine)
6. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale
of approximately $300 in facility use fees for the use of the Cupertino Community Hall
for the 15~' Congressional District Candidates and Judges Forum on October 13, 2008
from 6:00 p.m. unti19:30 p.m.
7. Accept municipal improvements, Felicia Chow and Joyce Chow, Su Yong Law and
Frankie Kan Yin Law, 20055 and 20065 :De Palma Lane, APN(s) 369-32-006 and 369-
32-039 (No documentation in packet).
The applicant has completed City-specii~ied improvements in the City right-of--way,
including grading, curb and gutter, easement, and sidewalk work as required by the
improvement agreement with the City.
Through an improvement agreement with the City for a building permit to construct three
single family dwellings, 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 t;ALENDAR (above)
3. Accept the Treasurer's Budget Report for ~~ugust 2008.
4-23
October 7, 2008 Cupertino City Council Page 3
Administrative Services Director Carol Atwood reported that safety and liquidity were
the main focus of the city budget. She noted that the city had a $64 million investment
portfolio that included conservative investments. The City was currently in good shape
and staff was constantly monitoring and reporting to Council as new financial
developments occurred.
Wang/Wong moved and seconded to accept the report. The motion carried unanimously.
4. Authorize the Mayor to send a letter of support regarding Measure A, Valley Medical
Seismic Update Bond and Measure B, 1/4-cent sales tax for BART operations (only if
BART is extended to San Jose), as recommended by the Legislative Committee. (No
documentation in packet).
Wong/Mahoney moved and seconded to note that Measure B was fora 1/8-cent sales tax,
not a '/4-cent tax, and to authorize, the Mayor to send a letter of support regarding
Measures A and B. The motion carried 4-0, with Santoro abstaining. He explained that
he did not feel that people should be told how to vote, and therefore he abstained on this
matter.
8. Adopt a resolution approving a final parcel map, 10185 and 10215 - 10227 Empire
Avenue, Bleskom LLC, APN 326-22-002 and 326-22-029, Resolution No. 08-132.
Approval of the final map permits the map to be forwarded to the County for recording,
which completes the subdivision.
9. Adopt a resolution approving an improvement agreement, Bleskom LLC, 10185 and
10215 - 10227 Empire Avenue, APN 326-22-002 and 326-22-029, Resolution No. 08-
133.
Discussion followed on item Nos. 8 and 9, and whether the agenda packet contained
sufficient documentation to explain these types of items. The City Manager explained
that per the direction of an earlier Council the documentation presented to Council for
Consent Calendar items was brief. In the case of item 8 the approval of a final map was a
formality but a requirement according to State Law. Regarding the improvement
agreement the applicant had met the approved conditions and staff had inspected the
project. The matter was then brought to Council for final approval. If Council wished,
additional background could be included for such items.
Wong/Wang moved and seconded that staff should provide additional information as
appropriate for each type of item, such as a map on final map permits. The motion
carried 3-2, with Sandoval and Mahoney voting no.
Wang/Santoro moved and seconded to adopt Resolution Nos. 08-132 and 08-133,
approving the final parcel map and the improvement agreement on Empire Avenue. The
motion carried unanimously.
4-24
October 7, 2008 ~ Cupertino City Council Page 4
PUBLiC HEARINGS
10. Consider an appeal of the Planning Cc-mmission's decision to approve aone-yeax
extension of a tentative parcel map (TM~-2005-03} that expires on July 26, 2008. The
Tentative Map subdivided an approximately 1.0 acre site into two parcels of about 20,000
square feet each in an R1-20 zoning, Application No. DIR-2008-19, John Dozier, 21925
Lind~ane, APN 356-25-014. The appellant is Council member Gilbert Wong.
Mark Santoro explained that he would recuse himself from participation and voting on
this item because his home was within 500' of the project. At 7:20 p.m. Santoro was
absent.
Senior Planner Colin Jung presented an o~~erview of the project and addressed the issues
raised by Councilmember Wong. These issues included the following: 1) No core
sampling of soil had taken place and this should be done prior to tentative map approval;
2) There was not enough land to subdivide the property without the easement; 3) A
condition of the tentative map stated that no trees are to be removed. However, trees
would have to be removed to build the hoi.~se; and 4) The tentative map condition stating
that retaining walls shall be four feet high would result in a series of retaining walls that
would negatively impact the landscape. ]n. response staff noted the following: 1) The
geologist used his own subsurface data from nearby properties and staff recommended
that core sampling be done when a new home was actually proposed on the property; 2) A
finer reading of the definition of `lot area' stated that a street right-of--way must be
excluded - not a driveway; 3) Staff did not intend that all trees (fruit trees, saplings or
other exotic trees) on the property be protected; and 4) Staff believed that shorter exposed
retaining walls that were tiered would be easier to screen from view than a taller exposed
wall.
Council member Gilbert Wong, the appell;~nt, reiterated his concerns as outlined by staff.
In addition he asked staff to show him the :potential building pad, the location and number
of retaining walls, the number of trees that would be removed to build the house and the
driveway and the impact of the stree~: improvements on the hill and the trees.
Councilmember Wong stated that he strongly recommended not extending this tentative
map based on all of the concerns he had raised and sending the project back to the
Planning Commission.
Marian Schmidt, Eva Wong and Barry Pangrle stated they were not in favor of an
extension. They noted that there was not enough land for a subdivision and exceptions
had been made. regarding the retaining walls, core sampling, tree removal and street
improvements. This project had been going on for three years and negatively impacted
the neighborhood. .
John Kropp, John Dozier, John James and Julia James spoke in favor of the extension.
Mr. Kropp noted that he had worked with staff and all issues had been addressed except
the sidewalk issue. Because of a variety o~"delays more time was needed to work on this
matter, therefore the request for an extension. Julia James noted that there were no other
4-25
October 7, 2008 Cupertino City Council Page 5
sidewalks on Lindy Lane and she strongly supported saving the trees and not requiring
curbs or sidewalks.
Mahoney moved and Sandoval seconded to deny the appeal. The motion failed with
Mahoney and Sandoval voting Aye, Wang and Wong voting No, and Santoro absent.
Wong moved and Wang seconded to uphold the appeal. The motion failed with Wong
voting aye, Mahoney, Santoro and Wang voting no, and Santoro absent.
Wang said that she would not be able to vote either way on the project until she had more
information about the history of the project.
Acting City Attorney Mark Hynes said that the decision of the Planning Commission
stands.
11. Consider adopting a resolution amending Resolution No. 08-044, User Fees, Schedule D
- Miscellaneous Items regarding Photovoltaic Systems (solar) for BQ {Quasi Public
Buildings) zone, Resolution No. 08-134.
Director of Community Development Steve Piasecki stated that photo-voltaic permit fees
were set at full cost recovery except for residential systems which were set at an 80%
reduced fee of a $200 rate. This decision was made by Council in April 2008. He
presented two options for Council consideration. The first option would provide for an
80% reduction fee for quasi-public photo-voltaic permits. This reduction would yield a
fee of $1,123 and the average impact to the General Fund would be $8,988. The second
option would provide fora 55% reduction which would yield a subsidy of $3,117 and the
cost to the city would be $6,234 per year. Both of these options were based on the
historical average of two quasi-public photo-voltaic permits per year.
Miki Wallace, President of the Church Council at Bethel Lutheran, noted that they were
designated commercial and commented that they did not have the revenues to pay the
current solar permit fees. She also referred to the many community services and activities
provided by the church and asked Council for a favorable consideration of reduced fees
for the church.
Santoro moved and Wong seconded to adopt Resolution No. 08-134, amending the fee
for quasi-public buildings to be $1123, which represents an 80% reduction from the
standard fee. The motion carried unanimously.
Council agreed that the matter of retroactively adjusting the fee schedule for Bethel
Lutheran and St. Judes's churches would be placed on the next Council agenda. Council
further stated that when the new employee was on board to deal with green issues that
person would review how the City through its fee structure could encourage green
activities.
4-26
October 7, 2008 Cupertino City Council Page 6
UNFINISHED BUSINESS -None
NEW BUSINESS
12. Reject all bids received for the Sports I~ourt/Tennis Lighting Upgrade Project at the
Sports Center and authorize the Public Works Director to re-bid the project without the
restroom component or the tennis light up€;rade.
Administrative Services Director Carol Atwood distributed a letter from Ed Hirshfield,
the Cupertino Tennis Club, and an email rE;sponse from City Architect Terry Greene.
Director of Parks and Recreation Mark binder stated that while both projects -tennis
court lighting and sports court/pool demolition -- were combined as a possibly cost
efficient measure, all the bids received were well over staff's projections. In part tight
site constraints along with the requirement to continue full operation of the tennis courts
during construction contributed to the costs. In addition the cost of the restrooms was
considerably higher than anticipated. He presented three options for Council's
consideration: 1) increase the budget and ;sward contract to low bidder; 2) reject all bids,
redesign the current project and rebid th.e project; and 3) reject all bids, defer tennis
lighting and re-bid sports court without b~~throoms. If Council decided to re-bid, the new
bids would be brought back to them at the first meeting in December.
Dan Gill, Ed Hirshfield and Charlie Hanson, members of the Sports Center, and Bob
McCord, President of the Cupertino Tennis Club, urged Council to not defer the lighting
of the tennis courts. This lighting issue h~~d earlier been approved by Council and it was
of the highest priority that it be improved. For a high quality facility the current lighting at
the Sports Center was inferior and to retrain members it was necessary to upgrade the
lighting. It was further noted that the bathrooms could be removed from the project to
save costs and the tennis courts could lie made accessible to the contractors during
construction. Mr. McCord also noted th,~t the Tennis Club was willing to contribute
money from their treasury to help pay for the lighting. Currently this would be
approximately.$8,000 to $10,-000 and a fundraising effort could also be scheduled.
Terry Greene, City Architect, noted that the projects were bid together with the main
purpose of creating a large enough project that would encourage reasonable bids. If the
projects were bid separately it was still q~xite possible that the bid for lighting would be
higher. Mr. Greene commented that one option would be to re-bid the lighting project and
to add an alternate component for the spores court/pool demolition.
Mahoney moved to reject all bids and to direct staff to go out. to bid for two separate
projects: the tennis court lighting 'and the sports court/pool demolition without the
restrooms. The motion failed due to lack of a second.
Wang moved and Wong seconded to reject all bids and to direct staff to go out to bid for
the tennis court lighting project with ar- added alternative component for the sports
court/paol demolition with restrooms.
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October 7, 2008 Cupertino City Council Page 7
Mayor Sandoval asked if Councilmember Wang would consider amending her motion to
include two added alternative components. One,for the sports court/pool demolition and
one for the restrooms. Councilmember Wang did not agree with the amendment. Mayor
Sandoval stated that while she strongly supported the tennis court lighting she could not
support this motion as stated.
The motion passed with Santoro, Wang and Wong voting yes and Mahoney and Sandoval
voting no.
13. Set a date of Oct. 21 at 6:00 p.m. to interview an applicant for a vacancy on_the Public
Safety Commission.
Council concurred to conduct the interview on October 21 at 6:00 p.m. as the first order
of business, before any closed sessions.
14. Receive the annual commissions and committees scheduled vacancy report with terms
ex irin January 30, 2009,.and select an application deadline date of Wednesday, January
14 and interview dates of Tuesday and Wednesday, January 27 and 28, 2009.
Council concurred to accept the staff-recommended deadline and interview dates.
ORDINANCES -None
STAFF REPORTS -None
Gary Chao was promoted to the position of City Planner.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 9:52 p.m. the meeting was adjourned to Wednesday, October 8 at 3:00 p.m. for a closed
session with Bob Murray and Associates regarding interview recommendations and City Council
interview selections for the City Attorney position. The meeting will be held in City Hall
Conference Room C, 10300 Torre Avenue, Cupertino.
Kimberly Smith, City Clerk
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October 7, 2008 Cupertino City Council Page 8
Staff reports, backup materials, and items distributed at the meeting are available for review at
the City Clerk's Office, 7.77-3223, and also on the Internet at www.cupertino.or~. Click on
Agendas & Minutes/City Council/ Packets.
Most Council meetings are shovm live on Cable Channel 26, and are available at your
convenience on the web site: Visit www.cuperl.ino•or~ and click on View Meetings Online.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364. -
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