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CC 01-03-06 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 3,2006 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, and Dolly Sandoval. Absent: Orrin Mahoney. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION - None CEREMONIAL MATTERS - PRESENT A TIONS 1. Proclamation for Val1co Mall regarding its community involvement in the Cupertino Emergency Response Team (CERT) training. (No documentation in packet). Marsha Hovey, Emergency Preparedness Coordinator, thanked the Val1co representatives for their donation of a permanent emergency training center for the public. She said that it proved very valuable during the Hurricane Katrina event because people had seen the training center in the mall and knew where to go for information. Mayor Lowenthal presented the proclamation to Mike Rohde, Val1co General Manager. 2. Proclamation for Boy Scout member Trevor Gabriel from Troop 476 regarding his Eagle Scout project of painting Cupertino's five emergency storage containers (ARK). (No documentation in packet). Marsha Hovey, Emergency Preparedness Coordinator, said the city purchased 5 medical storage containers to store emergency materials. She thanked Trevor Gabriel and his troop for cleaning up and painting the containers. Mayor Lowenthal presented the proclamation to Eagle Scout Trevor Gabriel. January 3,2006 Cupertino City Council Page 2 3. Presentation from the Santa Clara Vallev Water District for Cupertino's membership in the Water Resources Protection Collaborative - "Escaping the Constraints Award" from the Public Officials for Environmental Reform (POWER). (No documentation in packet). This item was continued to February 7. POSTPONEMENTS - None WRITTEN COMMUNICATIONS The City Clerk distributed an email related to item 17. ORAL COMMUNICATIONS Al DeRidder complained about "corporate graffiti" created when companies mark the streets and sidewalks with initials, arrows, etc. in bright orange paint, which can last a year, and he felt there should be a better way to do it than deface public property. Public Works Director Ralph Qualls explained that the markings are underground service alerts required by state and federal law , and utility companies must mark the locations. He said it may be possible to sandblast the markings off concrete, but about half of it will be eradicated by construction eventually. Sandra Lee, Cupertino resident, said that she walks her dog twice a day but must drive 10 miles to the nearest dog park. She said there were many other dog owners who were also interested in a local dog park, and asked the City Council to provide one for the community. City Manager David Knapp said he would pass the request along to the Parks and Recreation Director. Council member Kris Wang said that Ms. Lee might also want to make the same request of the County because the city is surrounded by a number of county parks. Wendy Liu said she was also in favor of a dog park, and said an alternative would be to designate an area in town where dogs would be allowed off-leash during limited hours. Anne Ng suggested that the City Council adopt some protocols for public speakers. Some of her suggestions included requiring people who represented more than one person to list those other individuals on the card, and limit comments to 5 minutes; to be circumspect about limiting individual speakers to 3 minutes; and only allow one card per person per agenda item. Deborah Hill expressed concern about safety of walking her dog on Stelling A venue and the unsafe driving practices of many drivers in the area. CONSENT CALENDAR SandovallKwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item 10, which was pulled for discussion. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. 4. Approve the minutes from the November 15, 29, December 6 and 12 City Council meetings. January 3,2006 Cupertino City Council Page 3 5. Adopt resolutions for Accounts Pavable, November 25, December 2, December 9, and December 16, Resolution Nos. 06-001 through 06-004. 6. Adopt a resolution for Payroll, December 2, Resolution No. 06-005. 7. Accept the Treasurer's Investment and Budget Report for November 2005. 8. Approve an application for an Alcoholic Beverage License, Pot Sticker King, 19634 Stevens Creek Blvd. 9. Adopt a resolution setting a public hearing for January 17 to change the street names of Stella Road and a portion of Paloma Road to Balboa Road, Resolution No. 06-006. 11. Adopt a resolution approving an improvement agreement for street improvements (sidewalk, curb and gutter, driveway approach) with Andrew Joseph DeBaets and Rebecca Rea Smith, 10339 Byrne Avenue, APN 357-12-027, Resolution No. 06-009. 12. David Brett Oliker, improvement agreement and roadway easement, 10484 Byrne Avenue, APN 357-14-013: a) Adopt a resolution approving an improvement agreement for street improvements (clearing and grubbing, relocation of utility pole and water service, paving, sidewalk, curb and gutter), Resolution No. 06-010 b) Adopt a resolution approving a roadwav easement, Resolution No. 06-011 13. Adopt a resolution authorizing the Director of Public Works to enter into a Cooperative Work Agreement with the California Department of Transportation to extend the 2003-04 Bicycle Transportation Account grant funds in the amount of $600,000.00 for the Mary Avenue Bicycle Footbridge Project, Resolution No. 06-012. 14. Adopt a resolution fixing the emplover's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act, for employees represented by üperating Engineers. Local Union No.3, Resolution No. 06 -013. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 10. Vallco: a) Adopt a resolution regarding the intention to order the vacation of an Air Rights Easement for transit parking and station facilities within the City of Cupertino and setting a public hearing date for Februarv 7. 2006, Vallco Park adjacent to Interstate 280 and Wolfe Road, Resolution No. 06-007 January 3, 2006 Cupertino City Council Page 4 b) Adopt a resolution approving the final Vallco Hotel parcel map, APN 316-20-063, Wolfe Road between Vallco Parkway and Hwy 280, Resolution No. 06-008 Public Works Director Ralph Qualls explained that item lOA was to set a hearing on February 7 to consider removal of an existing easement which was part of an earlier light rail transportation plan that is now out of date. Item lOB is for the parcel map for the area where the where the hotel will be located. Kwok/Sandoval moved to adopt Resolution Nos. 06-007 and 06-008. The motion carried unanimously, with Mahoney absent. PUBLIC HEARINGS 15. Consider an appeal of the Design Review Committee's decision to deny an addition that exceeds the allowable floor area ratio in the Oak Valley Planned Development, Application No. DIR-2005-20, Horst Von Bloes (Fry residence), 21161 Canyon Oak Way, APN 342-59-008. (The applicant requests this item be continued to February 7). Wang/Sandoval moved to continue this item to February 7. The motion carried unanimously, with Mahoney absent. 16. Consider Application Nos. U-2005-l8, ASA-2005-14, TM-2005-08, Z-2005-06, Rockwell Homes, 10716 Stevens Canvon Road, APN 356-03-047: a) Use Permit to demolish 15 apartment units and construct 15 townhomes b) Architectural and Site Approval for 15 apartments c) Tentative Map to subdivide a l.l-acre parcel into 15 lots plus one lot held in common d) Rezoning of a l.l-acre parcel from Apartment (R3) to Planned Development Residential (P Res) for 15 townhomes. First reading of Ordinance No. 1973: "An Ordinance of the City Council of the City of Cupertino Rezoning of a 1.47 Gross Acre Parcel Located at 10684, 10700, 10716, 10730 and 10744 Stevens Canyon Road From Multi-Family Residential (R3) to Planned Residential, P(Res)." Michael Abdollahi, representing Rockwell Homes, said this project will have the same number of units as the original development, with 7 more bedrooms. There will be 3 more parking spaces than the minimum requirements, and the access will not change. He said the new construction will replaced structures that are old and difficult with new buildings that will fit into the beautiful neighborhood. Abdollahi said that they had met with the existing tenants to explain the project and the relocation plan. Their proposal includes (1) no rent increase until demolition starts; (2) tenants will receive 100% of their deposit back; (3) tenants January 3, 2006 Cupertino City Council Page 5 will receive moving expenses in the amount of $400 or $800, depending upon the amount of assistance they need; and (4) the tenants will be offered up to six months rental assistance at $100 per month. He said that the tenants have been given information about school districts and apartments in the community. Council member Sandoval asked if he would agree to enhancements to the relocation plan so that it matched the offer made in the Saron Gardens/Murano project. These included providing dumpsters free of charge and a moving allowance of three times the current rent. She said that plan also paid the entire cost of the rental difference for six months, and she asked that Rockwell Homes pay the entire cost of the difference for a total of four months. Michael Abdollahi said that he would accept those conditions if he had no choice. He noted that the project would not begin until summer and the tenants will get 60 days notice, so there shouldn't be a problem with trying to relocate children from one school to another in the middle of the school year. Jennifer Griffin was concerned about the trend of rental units being changed into for-sale units, and said that the health of the city demands that there be a variety of rental types and prices. She also felt that it was important in this particular project that there be a place for children to play. SandovallKwok moved to approve Resolution No. 6344 to approve the use permit, including the following conditions: (1) A wrap-around porch is required on the corner unit as recommended by staff; (2) The tenants shall receive an amount equal to the delta in the rental difference for 4 months (3) The moving allowance shall be three times the current rental rate: (4) The property owner shall provide dumpsters onsite when the residents begin to move out; (4) Current tenants shall have first right of refusal to purchase market-rate units. The motion carried unanimously, with Mahoney absent. UNFINISHED BUSINESS NEW BUSINESS 17. Consider a request by Vallco for a five-month, 24-hour exemption for noise associated with the construction of the new AMC Theaters. The City Clerk distributed (1) Copies of an email from Darryl Stow expressing support for the noise exemption because of the economic importance of this project to the City; and (2) A chart summarizing citizen concerns received in response to the public hearing notice on this item. Administrative Services Director Carol Atwood reviewed a list of staff recommendations, including: (1) Construction activity must be conducted in the quietest manner possible; (2) Weekly reports should be required from the noise consultant for night-time activity; January 3,2006 Cupertino City Council Page 6 (3) Illumination should be directed eastward; (4) A contact person should be available on- site; and (5) Staff shall review findings and concerns. Mike Rohde, General Manager for Vallco, said this noise waiver was to allow them to build the steel structure for the AMC theater. He said the work will be done with the utmost care for safety and to mitigate any lighting and noise issues, and they will do everything they can to minimize the interruption and inconvenience to the neighbors. Mark Whiley, DPR Construction Project Manager, explained that they are requesting permission for night-time work because if a piece of steel came lose while on the crane it would be extremely dangerous to mall patrons and employees. He said that all the workers will park in the "rosebowl" parking site and not near the residential areas, and they are committed to finishing the work within a 5-month period. Generators and other noise-producing equipment will be kept within the mall or in the loading docks with sound reduction materials. He said the lighting will point down to the existing road and out towards Wolf Road. The company will do their own noise monitoring throughout construction and will also work with Vallco security and a noise consultant to monitor readings at night. He reviewed slides which illustrated information on anticipated decibel levels in the neighborhoods, and he showed video of the Camino Medical building in Mountain View taken about 50-75 feet from an operating crane. Whiley pointed out that the noise of the people talking in the video was more prevalent than the noise from the machinery. George Hurley, also representing DPR Construction, discussed decibel levels in more detail, and said that they expect that the construction noise would be less than the noise from daytime levels of Highway 85. Mike Rohde said that there would be tremendous negative impacts if the theaters cannot open on time. For example, AMC theaters could choose not to take ownership, or delay it; and that timeline was part of the mall's agreement with the department store. Mark Whiley noted that there would only be two weeks when all the cranes would be working at the same time. The following individuals were opposed to the granting of this noise exception. Their comments included: (1) Concern about noise 24 hours a day, including steel construction, noise from workers, etc, which will impact the sleep of nearby residents, and which could have long-term health impacts; (2) Why has decibel level testing not been done at night; (3) To whom should the neighbors complain about problems, and will that person be able to stop construction; (4) Who will pay for the noise consultant; (5) Concerns for safety of drivers on Wolfe Road and construction workers working at night; (6) Construction noise is not constant the way freeway noise is, and weather conditions can make it even more noticeable; (7) Construction noise should stop by 10 p.m.; (7) Why were agreements signed when there isn't a reasonable amount of time to meet the schedule; (8) What constitutes a noise problem or violation should be defined - is it decibel levels, number of complaints, etc.; (9) This construction noise will be added to January 3, 2006 Cupertino City Council Page 7 freeway noise, not blended into it; (10) Will the permit be for 6 days or 7; (11) Four to five months for this noise impact is too long Rahul Vadodkar Rudy Griffin Jennifer Griffin Veronica Lam Danny Luk Sean Huang Deborah Hill William Hershey Ed Puccinelli Gary Phipps Patty Chi The following individuals spoke in favor of granting the noise exception. Dr. Fred Slater, owner of the optometric office at Vallco, said the mall has become obsolete and needs a facelift. The theaters will attract other stores, and improved revenues at the mall will benefit all residents, city services and schools, and increase property values. Patrick Keating, owner of the Capezio store at Vallco, said that the mall management has been extremely responsive to his needs as a tenant, and DPR construction has been responsive and professional, so he trusts them to deal promptly with any issues that may arise. Mike Foulkes, president of the Cupertino Chamber of Commerce, said that the improvement of the Vallco mall has been a top priority and now is the time to make it happen. He said that growing pains are inevitable because all of Cupertino's construction sites will be next to residential neighbors, and the key is to look forward to beautification and the strength it will bring to the neighborhood. Mayor Lowenthal read an email from Darryl Stowe expressing support for the noise exemption because ofthe economic importance of this project. Administrative Services Director reviewed a draft condition recommended by staff. The City Council made several additions and amendments which were reflected in the vote. KwoklSandoval moved to approve the request for the Vallco construction noise exception with the following conditions. The motion carried unanimously with Mahoney absent. A. Project applicants Vallco Fashion Park and their contractor DPR are approved for extended evening and morning construction hours from January 17th 2006 through May 31st 2006. The nighttime construction activity shall be conducted in the quietest manner possible and any illumination shall be directed toward the east away from the residential neighbors located along the west property line B. The applicants shall pay for a noise consultant, selected by the city, to monitor construction noise throughout the four-and-one-half month construction period. The noise consultant shall prepare weekly reports identifying the ambient, average, and noise levels exceeded 1 % of the time throughout the evening January 3, 2006 Cupertino City Council Page 8 construction period. Said measurements shall be conducted at hourly increments during the first month of the extended hour construction. Said reports shall identify, to the extent possible, the noise generated from the construction and any noise disturbances unrelated to the construction activity that may be audible along the property line. Noise Consultant reports shall come directly to the City C. As a general rule, the noise level generated from construction activity during the extended nighttime hours shall not exceed an average of 60 decibels or the current ambient (whichever is higher), measured at the property line. The City Council may review the noise and construction activity at any time to ensure compliance with this condition D. The applicants shall report back to Council in 2 months regarding the status of the project. E. A "hot line" number will be established where residents can contact a real person at Vallco if problems arise (408-446-3027) F. The applicants shall prepare status reports about the Vallco project. Those status reports shall be posted on the City's website, and at the expense of the developer, be placed in the local newspapers and mailed monthly to a 1,000 foot radius around Vallco. G. Steel construction can only occur during the hours of IOpm - 6am. No steel construction is permitted on Sundays (6 a.m. Sunday to 10:00 p.m. Monday) H. A current light standard be measured, which may not be exceeded I. The westerly crane can only be operated for a one-month period J. No trees may be touched without prior approval of the City Council K. The applicants shall deposit a sum of $50,000, to be drawn down in increments of $5,000 ifthere is willful violation of the above conditions. Vallco management will be given a "cure period" to correct any problems and the penalty will only be applied upon the recommendation of the consultant and the city's Code Enforcement division. 18. Receive Commission resignations and schedule interview dates to fill the vacancies: a) Public Safety Commissioner Nolan Chen b) Planning Commissioner Angela Chen Council concurred to select the following dates: . Deadline for applications - Friday, February 3, 4:30 p.m. . Applicant interviews - Monday, Feb 13,7:30 p.m., Conference Room A January 3, 2006 Cupertino City Council Page 9 19. Set a studv session on the Stevens Creek Corridor plans for January 17 from 5:30- 6:30 (prior to the regular meeting). Council concurred to schedule this study session prior to the regular meeting of January 17. 20. Appoint a City of Cupertino representative to the Santa Clara Vallev Transportation Authoritv Board of Directors. (This item was continued from December 6). (No documentation in packet). Lowenthal/Wang moved to appoint Dolly Sandoval as the representative to the Santa Clara Valley Transportation Authority Board of Directors. The motion carried unanimously with Mahoney absent. 21. Appoint a City of Cupertino representative to assist with the Tax Eauitv Allocation (TEA) proiect. (This item was continued from December 6). (No documentation in packet). Kwok/Wang moved to appoint Richard Lowenthal as the city's representative to the Tax Equity Allocation project. The motion carried unanimously, with Mahoney absent. 22. Discussion of a burglarY prevention program. Captain John Hirokawa, Santa Clara County Sheriffs Office, said there had been a spike in residential burglaries, about 4% higher than last year. He said there did appear to be a concentration in South Asian homes. He said that the Sheriffs Office has been addressing the issue through burglary prevention forums in the community. Discussion followed regarding the possibility of offering an award, funded by community members, for information leading to the conviction of burglars. Hirokawa said he had contacted the San Jose Crime Stoppers and the Fugitive Watch group to see ifthey would be interested in facilitating the program on behalf of the city, because it can be a time- consuming activity. Council members also suggested (1) Mailing out specific information about recent burglaries, such as whether the doors were unlocked, whether alarms were used, etc. to those who request it; (2) Using the Cupertino Scene as a means of raising awareness about the problem and steps that residents can take to protect their property; and (3) Contacting people moving into the community to put them in touch with their neighborhood block leaders. Captain Hirokawa said that he had assigned a detective to review all of the residential burglaries that occurred in 2005 to look for a modus operandi and any situations that these burglaries might have had in common, and would forward that information to the City Council along with information about a possible reward program. January 3, 2006 Cupertino City Council Page 10 Deborah Hill expressed her confidence in the Sheriff s Office and concurred with suggestion to mail out burglary prevention information. Matt Vand offered some other suggestions, such as making a deal to get information from convicted burglars, looking for common themes, such as crimes which are gang-related, or whether there is a habit of leaving doors unlocked, and using some of the reward money to educate the public via television. 23. Consider canceling the meeting of Februarv 21. (No documentation in packet). Council concurred to reschedule the meeting of February 21 to Monday, February 27, if needed. 24. Consider scheduling studv sessions on the following topics (No documentation in packet) : a) Vallco South plans b) Industrial business in Cupertino c) General Plan policy on Economic Development d) Strategic plan Jennifer Griffin spoke in favor of additional study sessions, and was particularly concerned with the future of high-tech parks in Cupertino. Council concurred not to schedule a study session on the Vallco South plans because that item will be heard at the regular meeting of January 17. They scheduled a study session on January 30, 5:30 p.m. - 7:30 p.m., to discuss the General Plan policy on Economic Development and the Strategic Plan. The meeting will take place in the City Council Chambers and will be televised. At the next meeting, staff will recommend a date for a study session on the topic of industrial business in Cupertino. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS - None January 3, 2006 Cupertino City Council Page 11 ADJOURNMENT At 11:15 p.m. the City Council adjoumed to Monday, January 9 at 6:00 p.m. for Boards and Commissions interviews, City Hall Conference Room A, 10300 Torre Ave. , City Clerk For more information: 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 from our web site. Visit www.cupertíno.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364.