CC 04-27-04
APPROVED MINUTES
CUPErQ1NO
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, April 27, 2004
PLEDGE OF ALLEGIANCE
At 5:00 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council
members Richard Lowenthal and Dolly Sandoval. Council members absent: Kris Wang.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Ralph Qualls, City Planner Cynthia Wordell,
and Deputy City Clerk Grace Schmidt.
1.
Consider Vallco Fashion Park:
a)
Approve Application Nos. M-2004-01, Mike Rohde (Vallco Fashion Park).
Subject property is located on the east and west sides of Wolfe Road between
Stevens Creek Boulevard and Highway 280.
City Planner Cynthia Wordell reviewed the staff report and a PowerPoint
presentation that highlighted the proposed development, site plan, text
amendments; negative declaration, and the recommendation from the Planning
Commission.
Mike Rohde, Vallco Fashion Park property manager explained that the 3500- seat
theater would be relocated to the 3'" level of Vall co Mall and would help revitalize
the mall by attracting national retailers. He said that a mixed-use project was
being planned in the the sunken parking lot across ITom JC Penny, at Vallco
Parkway and Wolfe Road. This project would add 104 housing units plus a
parking structure in the middle of the housing, and the housing would help to pay
for the parking structure and the theater. He said that portion of the project wasn't
ready yet to be presented to Council. Rohde noted that the theater and the housing
were both reliant on each other.
A written communication from Paul Po on opposing the construction of the movie
theaters at Vallco Fashion Park was distributed during the discussion.
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Cupertino City Council
Page 2
James said that the original Development Agreement was signed in 1991 and is
good through 2006. The Sears parking lot was the original location for the movie
theater, but since Sears owns that land, the theater location must be moved which
requires an amendment to the Development Agreement.
Jody Hansen, CEO of the Cupertino Chamber of Commerce, supported the
relocation ofthe theater complex for success and revitalization of Vall co.
Lowenthal said that the decision to allow a movie theater was already in the
Development Agreement and now it's just a matter of where to put it. He said he
supported the relocation.
Wordell responded to a question from Sandoval and said that if the initiative
being circulated about building height limits were were to pass, the theater
proposal would exceed that height limit.
Sandoval said that the theaters would revitalize Vallco and attract anchor tenants.
She was concerned how the traffic would impact residents and wanted to explore
the on/off ramps for 280 to and ITom the mall. She also asked to have clear bike
lanes identified on Wolfe Road, bike racks visible and easily accessible, and have
ample trash receptacles and recycle bins.
Kwok said he was pleased to see the project going in the right direction and that
the cinema was only part of the whole picture, which included the mixed-use
housing component. He said he thought there was ample parking and that due to
280 being close, that there would be no cut-through parking into any
neighborhoods. He said the project would improve the community services in
Cupertino and revitalize Vallco.
Administrative Services Director Carol Atwood said that 50% of the services in
Cupertino comes ITom sales tax.
City Manager David Knapp summarized the services the City provides including
parks, playing fields, streets, sidewalks, medians, Quinlan Community Center,
Sports Center, Senior Center, park programs, legal land use, building inspection,
sheriffs department, fire, library services, etc.
James said that a revitalized Vallco would help services throughout the City and
would allow people to shop and bike in the community. She said that there were
three initiatives beign circulated and, if they passed, they would hurt the
community.
Lowenthal/Sandoval moved and seconded to approve Application No. M-2004-
01. Vote: Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent:
Wang.
April 27, 2004
Cupertino City Council
Page 3
b)
Conduct the first reading of Ordinance No. 1936 to allow a movie theater
complex to be located on top of the existing mall shops or within the existing
parking lots adjacent to Wolfe Road
"An Ordinance of the City Council of the City of Cupertino Approving an
Amendment to I-DA-90, Development Agreement Between the City of
Cupertino and Vallco International Shopping Center, LLC"
LowenthallKwok moved and seconded to read the ordinance by title only and that
the Deputy City Clerk's reading would constitute the second reading thereof.
Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: Wang.
City Attorney Charles Kilian announced that the public hearing was continued to
Monday, May 3 to consider a Negative Declaration and conduct the second
reading of the ordinance.
CLOSED SESSION
2.
Labor negotiations - Government Code Section 54957.6. The purpose of the closed
session is to consult with City management representatives David Knapp, Carol Atwood,
Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's
Local No.3 and Cupertino Employee's Association.
At 6:02 p.m. the Council went into closed session.
At 6:50 p.m. the Council reconvened in open session. The City Attorney announced that
Council met in closed session to discuss labor negotiations with its representatives
regarding OE3 and CEA, and gave direction to its representatives as discussed in closed
session.
ADJOURNMENT
At 6:51 p.m. the meeting was adjourned.
G~S~ VI-
Grace Schmidt, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the rneeting 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.
April 27, 2004
Cupertino City Council
Page 4
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience ITom our web site. Visit www.cupertino.org and click on Watch Meetings.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364.