CC 01-30-06
CUPERJINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting and Special Meeting.
Monday, January 30, 2006
ROLL CALL
Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick
Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none.
PLEDGE OF ALLEGIANCE
At 5:05 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
WRITTEN COMMUNICATIONS
The Deputy City Clerk noted the following written communications:
· An email to the City Council dated January 28 from Stephanie Schaaf, Vice-Chair of the
Sustainable Land Use Committee of the Sierra Club, Lorna Prieta Chapter, supporting the
Vallco condominium project, item number 4.
· Petition and letter to the City Council dated January 30, from Concerned Cupertino
Residents supporting the Vallco condominium project, item number 4.
· Email dated January 30 from Brooke Ezzat regarding item number 4.
ORAL COMMUNICATIONS - None
NEW BUSINESS
1. Review the Valley Transportation Plan 2030, and consider v.. cent sales tax scenarios. (No
documentation in packet).
Government Affairs Manager Jim Lawson and Chief Construction Officer Jack Collins,
both with the Valley Transportation Authority (VTA), made a PowerPoint presentation
regarding the potential quarter cent sales tax. They highlighted the history, the
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Cupertino City Council
Page 2
expenditure plan development, current activities, and new projects. Kim Conig with the
VT A Financial Services Department was also there to answer any questions.
Mr. Collins noted that the VTA Board of Directors is deferring making any decision on
this item until its March 2 meeting.
Council concurred to add this item to its February 27 agenda. Council also directed staff
to do an analysis of what VTA projects would benefit Cupertino, and how the tax
increase would impact Cupertino residents.
STUDY SESSION
2. Discussion about the General Plan policy on Economic Development.
Community Development Director Steve Piasecki said that Cupertino needs active,
viable, successful retail to serve the residents, and that the City should use land use tools
where appropriate, particularly residential, to encourage retail. He noted that 50% of
Cupertino's revenue comes from business-to-business sales tax.
Mayor Lowenthal suggested that the Economic Development team make a proposal on a
sales tax target, and that the Legislative Committee bring a resolution to Council
regarding business-to-business sales tax.
3. Discussion about the city's Fiscal Strategic Plan.
Administrative Services Director Carol Atwood reviewed the Fiscal Strategies Plan
Issues Paper, which highlighted: 1) Defining the problem - the current funding gap; 2)
Promoting organizational efficiency; 3) Decreasing expenses and areas of risk exposure;
4) Stabilizing revenue sources.
She asked Council to appoint an Economic Development subcommittee task force to
work with staff on a long-term Fiscal Strategic Plan to bring back during the budget
review. She noted that the existing Economic Development Committee would focus on
enhancing the current fiscal environment, while the subcommittee would look at ways to
operate a long-term viable corporation.
Council concurred to appoint Kris Wang and Orrin Mahoney to the subcommittee.
Council also directed staff to bring the Fiscal Strategic Plan to Council at a regular
meeting, targeting the first meeting in April, and to add a standing agenda item regarding
the subcommittee's progress.
RECESS
Council recessed from 6:40 to 7:30 p.m.
January 30,2006
Cupertino City Council
Page 3
PUBLIC HEARING (SPECIAL MEETING) -7:30 p.m.
4. Consider Application Nos. U-2005-l6, ASA-2005-ll, Z-2005-05, TR-2005-04, DA-
2005-01 (EA-2005-l0), Mike Rohde, (Vallco Fashion Park condominium development),
10123 N. Wolfe Road, APN 316-20-064 and 316-20-057:
A. Mitigated Negative Declaration
B. Use Permit and Architectural and Site Approval to construct a 137-unit, two and
three-story condominium development
C. Re-Zoning of a 5. 1 9-acre parcel from Planned Development (Regional Shopping)
to Planned Development (Regional Shopping/Residential)
First reading of Ordinance No. 1975: "An Ordinance of the City Council of the
City of Cupertino Rezoning of a 5.l9-Acre Parcel From Planned Development
(Regional Shopping) to Planned Development (Regional Shopping/Residential) at
10123 N. Wolfe Road."
D. Tree Removal for an attached condominium development
E. Modification to a Development Agreement (l-DA-90) to encompass the
development proposed in U-2005-l6, ASA-2005-ll, Z-2005-05 and TR-2005-04
First reading of Ordinance No. 1976: "An Ordinance of the City Council of the
City of Cupertino Modifying a Development Agreement (l-DA-90) to Encompass
the Development Proposed in U-2005-l6, ASA-2005-ll, Z-2005-05 and TR-2005-
04 for a 137 Unit, Two- and Three- Story Residential Condominium Development
at 10123 N. Wolfe Road."
Steve Piasecki reviewed the staff report via a PowerPoint presentation.
Applicant Mike Rohde said that the Vallco owners are working to reinvent the
shopping center as other centers have done. Some of these approaches include:
Have people live on campus; bring residents closer the shopping; create
walkability; and create a "downtown." He said that the revitalized shopping center
would bring in sales revenue to the City, as well as provide low-income housing
and job growth. In response to questions from Council he said the owners have no
intention of making an opening on the wall into the neighborhood; the owners do
intend to keep Farmer's Market but relocate it to the hotel site, the Penny's north
parking lot, or the Sears south parking lot; and that the daycare center will be
moved out of the mall and will be available to anyone, including residents.
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Cupertino City Council
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Architect Kirk Ellis made a PowerPoint presentation on the design of the
condominium development. He discussed the food court; furniture; exterior
design concepts; bringing storefronts out toward Vallco Parkway; Vallco
becoming a downtown nighttime activity; subterranean parking; setbacks; day
care center; open space; and maintaining existing trees.
Mayor Lowenthal opened the public hearing at 8:55 p.m.
The following individuals spoke in favor of the condominium development:
Richard Tygerson
Hamid Abtahi
Richard Ho, property
manager
Ed Hirshfield
Patrick Keating, storeowner
in Vallco
James Chen, president of
Alexanders Steakhouse
Margaret Limberatos
(through an interpreter)
Calvin Kuo
Evan Tang
Barry Chang
Jack Yang
Christopher Schumb
Beverly Bryant,
Homebuilders Association.
Housing of Northem CA
Their comments included:
· Unfair to characterize the developers as greedy when there are easier
projects elsewhere
· Vallco needs to come back because Cupertino needs a place for
professionals to live
· Mostly professionals, rather than children, will live there
· New business is welcome, and the movie theater is a great idea
· The development will protect the neighborhood against other development
that might really hurt Cupertino
· Parking won't be an issue
· There is no indication that the owners are financially insolvent
· The owners are willing to work with the tenants
· Vallco has always been a good neighbor, and is separated from the
neighborhood by trees and sound walls
· Cupertino needs Vallco and the existing stores also need Vallco for their
success
· The condominiums are a great opportunity to make Vallco successful, and
would be a good place to buy a first home
· In the peak time of Vall co, not many people used the parking lot because it
was too far away
· Trust that Council will make the right decision
· The Vallco area is not geared toward families, but toward those who want
to live in a commercial and social center
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Cupertino City Council
Page 5
. The owners don't want to cut through the wall, but make a condition of
approval to forever forbid and reserve the condo owner rights to have any
sort of right or way through the wall
. The Vallco development is a good example of retail and mixed use and the
current owners want to make Vallco a beautiful, innovative center
The following individuals spoke against the condominium development:
Helam Luk
Dale Jenkins
Rudy Griffin
Sherry Ren
Sean Huang
Fran Jenkins
Manisha Puranik
Lucetta Tuttle
Julie Bay
Edith Pedersen
Lloyd Martin
Stuart Chessen
Howard Trudeau
Sue Trudeau
Nancy Tressel
Lynn Salazar
Ruby Elbogen
Janice Ishii
Linda Cheung
Shilpa Joshi
Raj Rayasekharan
Connie Zhang
Sridhav Boinapally
Martin Y u
Marcia Alicea
Al Di Francesco
Rajeev Joshi
Jennifer Griffin
Cathy Helgersen
Sharon Hampe
Rahul Vadodkar
Nelson D'Souza
Narayan Laksham
Bei Shen Sywe
Shuyi Chen
Suchen Chang
Vanessa Schindler
Shawn Yang
Kent Kernahan
Leslie Shich
Michael Pyle
Vipin Samar
Barbara Rogers
Vimal Solanki
Anand Cheriyathmadam
Steven Scharf
Vinita Joshi
Alok Gupta
Henry Schogar
David Wang
Shankar Iyer
Vidula Aiyer
Matt Kernahan
Their comments included:
· Keep the area as a parking lot and Vallco as a commercial site
· Concern about privacy issues and that the sound wall would come down
· The Rosebowl project should be completed first
· See how successful Vallco is first, and analyze the growth impact
· Concern over school crowding, traffic congestion, stress on sewer, noise
and pollution from highway and parking garage
· The developers need to show a financial and business plan first
· There are too many condo projects in that area, and people don't want
Vallco to become a downtown Silicon Valley
· The project shows lack of planning and is a bad location for condos
January 30, 2006
Cupertino City Council
Page 6
. Suggested using the space for offices instead since they wouldn't impact
the schools
. The neighborhood would be negatively impacted
Linda (no last name given) said that she was not in favor or against the
development but wanted low-income housing in Cupertino.
Vallco owner Emily Chen said that she heard many things from the speakers, and
asked for understanding from Council and the public. She reviewed the history of
Vallco and the owners it had in the past. She noted that she has made a huge
investment into Vallco, and definitely wants it to succeed. She asked Council and
the community to give their trust and support.
Mayor Lowenthal closed the public hearing.
SandovallKwok moved and seconded to continue this item to Tuesday, January
31 $I at 4:00 p.m. The motion carried with Wang and Mahoney voting no.
ADJOURNMENT
At 11:55 p.m., the meeting was adjourned to Tuesday, January 31, for a Council goal-setting
session. The meeting will begin at 1 :00 p.m. in the Council Chambers at the Community Hall,
10350 Torre Avenue, Cupertino.
~~'cAt
Grace Schmidt, Deputy 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.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.