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CC 01-17-06 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, January 17, 2006 ROLL CALL At 5:34 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. STUDY SESSION 1. Conduct a study session on the Stevens Creek Corridor plans. Parks and Recreation Director Therese Smith reviewed the Stevens Creek Corridor plan and the creek area at Blackberry Farm. She said the process began about three years ago with visioning kits that were distributed to the community. Smith said that activity to date has included a physical survey of the site analysis of flow data, review of historical information, biological surveys, and consultation with the landscape architect regarding the park plans. Council has already decided to (1) Reduce the capacity of the picnic area from 4,000 people to 800, creating more acreage for recreation and less for cars; (2) Extend the trail from Stevens Creek Boulevard through McClellan Ranch to McClellan Road; and (3) Close access from Scenic Circle. Smith said the most significant change to the park plan includes the creek realignment, and the city is working in partnership with the Water District to address flood control and habitat goals, including the removal of barriers to fish passage. The environmental document will be released next month for the new park, which combines habitat restoration, increased community use, revenue generation, and a multi-use trail. Consultant Jana Soquel discussed the creek restoration in greater detail, including the removal of barriers to fish passage, and the change in the gradient of the creek to make it shallower. She said this would result in a more stable area with less erosion, and it can be done in a natural way without using artificial materials. January 17, 2006 Cupertino City Council Page 2 Smith said that the phasing is driven by financing. The first phase of park improvements will take place in 2007. She described how shifting the creek alignment will separate the Stevens Creek Trail from the pay-to-use picnic area, and she explained other features of the plan including improvements to the 4-H area and phase one of an environmental classroom. Phase two will address creek restoration in the horseshoe bend area, and later phases will extend the park and trail through the Stocklmeir property and remove concrete at McClellan Ranch. Council member Sandoval asked to see the available options on the trail alignment, such as the area around the garden plots. Deborah Jamison said that she has been involved with the McClellan Ranch planning process since 1990. She asked to hear the rationale for 17 parking spaces on the west of McClellan Ranch/Simms property. She said she was disappointed that the west side of the creek will take the brunt of the impact from the picnic area, because she hoped that the plan would keep all human impacts on the east side. RECESS Council recessed from 6:34 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE. At 6:45 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. CEREMONIAL MATTERS - PRESENT A TIONS 2. Proclamation for Fremont Union High School District (FUHSD) teacher and field hockey coach, Jerra Rowland. (No documentation in packet). Mayor Lowenthal presented the proclamation. Michael Gottwald congratulated Jerra Rowland. POSTPONEMENTS The Deputy City Clerk announced that item No. 14, Disadvantaged Business Enterprise Goal, would be continued to February 7. She also announced that item No. 19B, Vallco condominium development, would be heard at a special meeting on January 30. January 17, 2006 Cupertino City Council Page 3 WRITTEN COMMUNICATIONS The following written communications were received: · Communication from Santa Clara County regarding item number 16. · A letter and petition dated Jan. 17 from the Oak Valley Community Awareness group supporting item number 20. · An email dated Jan. 17 fTom Gail Cleveland opposing item number 19A. ORAL COMMUNICATIONS Howard Trudeau talked about the noise ordinance for Vallco and asked about the hotline phone number was promised to the residents in case the noise becomes disturbing. Administrative Services Director Carol Atwood said that a letter would be coming out this week to the 1000- foot radius residents around Vallco announcing that the number is 408-446-3027. Mike Rohde, representing Vallco, said that construction would begin overnight from IOpm to 6am, and that a security officer would be available to answer the hotline number 24 hours a day. Dolly Sandoval also asked to have the number put on the development plans on the City's website. CONSENT CALENDAR Kwok/Wang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item 13, which was pulled for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 4. Adopt resolutions accepting Accounts Pavable for December 23, 29, and January 6, Resolution Nos. 06-014 through 06-016. 5. Adopt resolutions accepting Payroll for December 16, December 29, and January 13, Resolution Nos. 06-017 through 06-019. 6. Accept the City's year-end financial reports for 2004-05. 7. Approve an application for an Alcoholic Beverage License for the Roval Teppan Steak House, 10935 N. Wolfe Road (Cupertino Village). 8. Council committee assignments. 9. Adopt a resolution approving an improvement agreement with Sheng J. Yong and Jenny J. Liang, 10078 Santa Clara Avenue. APN 326-25-044 (Curb and Gutter, Driveway, Street Trees), Resolution No. 06-020. 10. Adopt a resolution approving a grant of easement for roadway purposes, 10078 Santa Clara Avenue, APN 326-25-044, Resolution No. 06-021. 11. Adopt a resolution approving the second amendment to the agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program, Resolution No. 06-022. January 17, 2006 Cupertino City Council Page 4 12. Adopt a resolution authorizing submittal of an application for fiscal year 2007-2008 federal Surface Transportation Program (STP) funds for the Cupertino STP Pavement Rehabilitation Project 2007-2008, Resolution No. 06-023. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 13. Authorize the City Manager to sign a lease agreement for rental of the Simms house. City Manager David Knapp reviewed the staff report. Deborah Jamison said that the current lease doesn't represent the intent of the City in purchasing the property in 1990. She showed a copy of the past lease and explained that the land was purchased to fulfill the open space element of the General Plan to protect Stevens Creek and the creek side habitat, and to prevent its further degradation and .. development. She noted that the initial lease in 1993 was for just the house and not the entire property, and that the lessees had caretaker responsibilities. She said that the current lease has no mention that the house is on parkland and there is no provision to protect the land. Director of Parks and Recreation Therese Smith explained that Council made the decision to go to market rate with the lease before this one, and that a straight lease of the house was done. Kwok/Wang moved to sign the lease agreement. The motion carried unanimously. PUBLIC HEARINGS 14. Consider adopting a resolution establishing an annual Disadvantaged Business Enterprises Goal for federally funded projects for the Fiscal-Year 2005-06. (This item will be continued to Februarv 7 due to the need for a 45-day public review period). (No documentation in packet). This item was continued to February 7. 15. Consider adopting a resolution ordering a street name change within the City of Cupertino, to change Stella Road and Paloma Road to Balboa Road, Resolution No. 06- 024. Director of Public Works Ralph Qualls reviewed the staff report. Mayor Lowenthal opened the public hearing at 7:03 p.m. There were no speakers, and the public hearing was closed. Sandoval/Wang moved and seconded to adopt Resolution No. 06-024 ordering the street name change. The motion carried unanimously. January 17, 2006 Cupertino City Council Page 5 16. Consider renewing bingo permits for St. Joseph of Cupertino Church and Cupertino Coordinating Council. Mayor Lowenthal opened the public hearing at 7:05 p.m. There were no speakers, and the public hearing was closed. Wang/Sandoval moved and seconded to renew the bingo permits for one year. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 17. Order the abatement of public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 05-200, Resolution No. 06-025. Deputy City Clerk Grace Schmidt reviewed the staff report and noted the written communication of 3 parcels that were removed from the original list. Mayor Lowenthal opened the hearing at 7:08 p.m. There were no protests and the hearing was closed. Sandoval/Wang moved and seconded to adopt Resolution No. 06-025 ordering the abatement of weeds. The motion carried unanimously. 18. Consider Application Nos. U-2005-20, ASA-2005-18 (EA-2005-l6); Peter Ko (Whole Foods), 20955 Stevens Creek Blvd: a) Mitigated Negative Declaration b) Use Permit to demolish structures associated with a former car dealership and construct a new 68,214 square foot one-story market with mezzanine level c) Architectural and Site Approval for a new, 68,214 square foot one-story market with mezzanine level Community Development Director Steve Piasecki reviewed the staff report vIa a PowerPoint presentation. Applicant Peter Pau noted traffic issues at three locations: I) Left turn on Stevens Creek; 2) Left turn on Stelling going south; 3) Traffic on Alves. He said that they plan to lengthen the left turn pocket to help with the first two issues, and if the exit will be further east, the Alves traffic shouldn't be an issue. January 17, 2006 Cupertino City Council Page 6 Architect Peter Ko said that they plan on having the food section next to Stevens Creek Blvd. and the store front facing the boulevard to help energize that corner. They also plan to include landscaping and trellis screening. He noted that they took the concept of the organic nature of the Whole Foods store when designing the architecture. Council discussed traffic mitigation regarding the entrance and exit to the store. Barry Chang said that he supports the move to a bigger space and urged Council to approve the project. He asked to have more trees planted in the parking lot, to have the entrance on Stevens Creek, the exit on Stelling, and to remove the median on Stelling. Marc McGee distributed a PowerPoint handout on traffic flow analysis. He said that the situation is similar to what Whole Foods currently has. He proposed some different mitigation options, and asked Council to read his recommendations on the last page ofthe handout. Jennifer Griffin said that she is glad to see Whole Foods move to a larger building, but has concerns about the proposed parking lot access onto Stelling Rd. She commented that Stevens Creek and Stelling are already busy intersections, and traffic will increase when the new store opens. She asked that exits be studied further. Mark McKenna, Chamber of Commerce, said that the Chamber supports the project since it will give Cupertino much needed retail. Kwok/Wang moved and seconded to approve the project with the following conditions: . $250,000 bond for traffic improvements . Pedestrian access is required along the northeast corner into the Stevens Creek Office Center Sandoval offered a friendly amendment to have staff inform Council of the traffic study and the mitigation measures. The amendment was accepted, and the motion carried unanimously. 19A. Consider Application Nos. U-2005-19, ASA-2005-17, TR-2005-08 (EA-2005-l5); Mike Rohde (Vallco Fashion Park parking garage), 10123 N. Wolfe Road, APN 316-20-064: a) Mitigated Negative Declaration b) Use Permit for a portion of a proposed three-level, four-story parking garage that exceeds the permitted 32-foot height limit (portions of the garage at approximately 41 feet and elevator tower at 49 feet) c) Architectural and site approval for a portion of a three-story, four level parking garage that exceeds the permitted height of 32 feet d) Tree removal and replanting to construct a parking garage January 17, 2006 Cupertino City Council Page 7 Community Development Director Steve Piasecki and City Planner Cynthia Wordell reviewed the staff report via a PowerPoint presentation. Applicant Mike Rohde said that parking is the lifeblood of the center, which is currently bringing in $1.1 million to the city from sales tax, and that he hopes will bring in as much as $4.5 million as Vallco is revitalized. He said that the north parking structure is very important to the mall because it allows customers to park on the west side near Macy's and TGI Fridays, and that the structure will serve the theaters as well. He noted that they have made considerable compromises in working with the City and the neighbors including: I) Reducing the level of the garage on the west side; 2) Keeping as many trees as possible; 3) Removing all of the tall elements from the west side of the garage including the elevator override, which is now on the east side; 4) Removing the light standards on the west side; 5) Increasing garage security with previously trained officers throughout the property; 6) Planning to construct the garage in a pre-cast manner eliminating the amount of construction that will take place on-site, and reducing the noise levels and time periods; 7) Adjusting the lighting levels on each garage to have 50% light reduction during the overnight hours; 8) Adding green screens helps to shield the neighbors and filter the view of the garage; 9) Limiting the traffic hours on Perimeter Rd. He said that they are seeking Council input on the height of the upper parapet. Kirk Ellis from Perkowitz and Ruth Architects said that the garage was important in order to have distributed parking across the campus, and to support the three existing department stores and the new AMC Theaters. He said it was also important to keep away from the west side where the neighbors are. He discussed the proposed plans in further detail including the issue with the ground slope plane, the height of the west elevation, the elevator, and the north elevation, the green screens, and the proposed landscaping plan. Mayor Lowenthal opened the public hearing. The following individuals spoke in favor of the increased height of the parking garage: Susan Dibala Barry Chang Robert Yu Fred Slater Mark McKenna Their comments included the following: · There is excitement about the renovation · Ample parking is needed to achieve a successful mall · People don't want to spend time driving around looking for a parking place or walk a long distance from the parking to the theaters · Cupertino has the chance to have a first-class mall and the residents should help · The garage helps to anchor the AMC Theaters and make the project successful · New stores are waiting to see what happens before deciding to come to Vallco · Vallco needs a major facelift, and the theaters and garage will show people that Vallco wants them to come to the mall · The benefits will outweigh the shortfalls January 17, 2006 Cupertino City Council Page 8 The following people spoke against the increased height for the parking garage: Gail Freeman Edith Peterson Lloyd Martin Howard Trudeau Ed Puccinelli Rajeev Joshi Patty Chi Shilpa Joshi Varsha Joshi Julie Bay Jeff Oliver Shuyi Chen Rahul Vadodkar Stuart Chessen Kathy Di Francesco Al Di Francesco Martin Yu Jennifer Griffin Paul Poon Sharon Hampe Bei-Shen Sywe Sherry Ren Sridhar Boinapally Larry Hendler Kush Pachauri Janice Ishii Helam Luk Vipin Samar Nelson D'Souza Suchen Chang Their comments included the following: · There will be a negative impact on privacy of the neighbors next to Vallco and it's unfair to the people living along the wall · A maximum of 32 feet was already approved and the developers shouldn't be asking for more · The garage should be built a grade below ground · A new garage would only give 47 new parking spaces · More parking is not needed to accommodate the theaters, and if it is for the theaters, the garage should be built next to Sears. Will Council to help negotiate with Sears and JC Penny's to put the garage near their businesses? · Why is parking being discussed before the condos? One phase should be finished before the next is begun · Opposition to exceptions granted to Vallco, especially noise exceptions, and the piece-meal approvals · Council should maintain the current character of the city, and a giant structure is not appropriate in this neighborhood; Council had already made the decision to keep it at 32 feet; walls and trees should not be removed · Review the Codes, Covenants and Restrictions (CC&R's); · Balance the parking structures out by adding height to the other side and leave the west side alone; · Can Vallco reasonably forecast how much money they will get from the theaters and retail? · Wait to see how the businesses are doing after the theaters open before building the garage. January 17, 2006 Cupertino City Council Page 9 SandovallKwok moved and seconded the following: I) The height of the structure shall be 32 feet measured from the effective grade of the adjacent single family homes; 2) The elevator tower shall be 49 feet on the southeast corner; 3) The screening recommended by the Planning Commission will be included; 4) Staff will review the architectural and landscaping plans rather than the Planning Commission; 5) There is an intention that the wall will not be opened in the future. Wang added a friendly amendment: 6) There is an intention to not approve any more height to the structure in the future. The amendment was accepted, and the motion carried unanimously. 19B. Consider Application Nos. U-2005-l6, ASA-2005-11, TM-2005-06, Z-2005-05, GP A- 2005-04, TR-2005-04, DA-2005-0l (EA-2005-10); Mike Rohde, (Vallco Fashion Park condominium development), 10123 N. Wolfe Road, APN 316-20-064 (No documentation in packet): Mayor Lowenthal noted that a special meeting would be held on Jan. 30 at 7:30 p.m. regarding this item. Mayor Lowenthal reordered the agenda to take up item number 23 next. 23. Consider an appeal by David and Margaret Critzer and Jowei Chen of the Notice of Determination by the City Manager denying the appeal of the Community Development Director's decision regarding the installation of a bathroom window at 20272 Northcove Square. , Wang/Mahoney moved and seconded to continue this item to Feb. 27. The motion carried unanimously. 20. Consider a Petition for Reconsideration of the City Council's decision to uphold an appeal of Application No. U-2005-04, Gate of Heaven Cemeterv located at 22555 Cristo Rey Dr., APN 342-63-002, regarding the Planning Commission's approval of a use permit for statuary, Veterans' markers and landscape features at an existing cemetery. The petitioners are Oak Valley Community Awareness and Keith Hocker. (If a rehearing is granted, the new hearing may be rescheduled to a later date). City Attorney Charles Kilian reviewed the findings, and explained that Council must consider whether the matter should be heard, based on five criteria in the ordinance, described beginning on page 20-4 of the packet. He said that Council could either hold the hearing tonight or set it for another date. He noted that a resolution should be adopted if the petition is denied. City Planner Cynthia Wordell reviewed the staff report via a PowerPoint presentation. January 17, 2006 Cupertino City Council Page 10 Petitioner Keith Hocker said that he and his neighbors have a vested interest in the decision regarding the upright markers, and noted that point number four, regarding a fair hearing and due process, is their issue. He said that the residents weren't given the same amount of time to respond as the Gate of Heaven applicants were. He noted that their other point is number 5C, regarding findings of fact not supported by the evidence. He said that Council didn't adequately consider that 2/3 of residents petitioned against having vertical markers, the Regional Open Space District was against it, and the Planning Commission voted unanimously to deny the markers. He said it was a business issue only to allow the cemetery to place vertical markers. Petitioner Mark Edwards said that he represents Oak Valley Community Awareness. He said that one key point in the hearing regarding horizontal markers being inadequate in respecting the Chinese culture was misleading and irrelevant. He showed examples of many different horizontal markers where there was plenty of space to write all the necessary words to honor the deceased. His next point was regarding proof of facts that the Council failed to provide a fair hearing. He noted that Mr. Wheeler, the spokesperson for the Oak Valley group, was denied enough time to speak, and 3 other people were also denied the right to speak. This resulted in facts and evidence being excluded, including evidence that the markers are visible from certain trails and houses, which goes against the statement from the cemetery that the markers can't be seen anywhere outside the cemetery. He also noted that there were leading questions asked of the appellants, and that over half of the hearing time was talk about the landscaping issue, not leaving enough time to talk about the vertical markers issue. The following individuals spoke in favor of granting the reconsideration hearing: Peggy Jacquet Michael Lei Leigh Stevens Jonan Roddenberry, Mid-Peninsula Regional Open-Space District John McNelis Ron Yu Avner Schwarz Kim James Their comments included the following: · Neither Fr. Gregory Kim nor Sandra James intended to mislead with their comments at the hearing · Signatures received from the neighbors against upright markers never made it to the Planning Commission · The cemetery hasn't polled its existing clientele to see if there is support for upright markers · Mark Edwards presented some good facts in his petition and Council should consider them; · The hearing should be granted at another time given the late hour · There should be an opportunity to refute statements that it's an Asian cultural requirement to have vertical headstones January 17, 2006 Cupertino City Council Page 11 · Council should speak to each item brought up by the Planning Commission and explain why they would overturn a unanimous decision to not allow the upright markers · People at the hearing were allowed to talk about irrelevant things and others weren't allowed to speak at all · Not all evidence was fairly read at the hearing. The following individuals spoke against granting the reconsideration hearing: Donene Harrison Catalina Gonzalez Cathy Padilla Michael Mitchell Bill Egan John Ottoboni, Gate of Heaven Cemetery Their comments included the following: · Change is necessary; · It is the right of the Catholic cemetery to have upright markers · The hearing was fair; · The cemetery owners did a lot to adjust their desires and the neighbors should give a little too · All the evidence was explored · Council should remain with the original decision to allow upright markers · There are no grounds to grant the petition since the evidence was in the packet City Attorney Charles Kilian clarified that leading questions are objections in a court of law and not relevant to these types of hearings. Lowenthal moved to allow the reconsideration hearing. There was no second and the motion died. Sandoval discussed the evidence that markers could be seen from the homes on Hammond Way, and whether the amount of information that could be written on a horizontal marker was from an Asian perspective. Kwok/Mahoney moved and seconded to deny the reconsideration hearing. The motion carried with Lowenthal voting no. 21. Schedule interview dates to fill unscheduled vacancIes on the Bicvcle Pedestrian Commission and the Housing Commission. Council concurred to set the deadline for applications on Friday, March 10, at 4:30 p.m., and to hold interviews on Tuesday, March 21, at 5:30 p.m. January 17, 2006 Cupertino City Council Page 12 22. Conduct the first reading of Ordinance No. 1974: "An Ordinance of the City Council of the City of Cupertino Amending Sections of the Cupertino Municipal Code Changing the Term Expiration Date for Advisorv Commissions from January 15 to January 30." The Deputy City Clerk read the title of the ordinance. Sandoval/Wang moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Item number 23 was heard earlier in the evening. 24. Set a date for a study session on industrial business in Cupertino. Staff recommends March 7 or 21 fTom 5:00-6:00 p.m. (No documentation in packet). Mahoney/Wang moved and seconded to set the study session for March 7 from 5:30-6:30. The motion carried unanimously. ORDINANCES 25. Conduct the second 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 Canvon Road From Multi-Family Residential (R3) to Planned Residential, P(Res)." Wang/Sandoval 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: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Wang/Sandoval moved and seconded to enact Ordinance No. 1973: Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. STAFF REPORTS COUNCIL REPORTS Sandoval noted that the Valley Transportation Authority (VTA) recently approved a contract with Lifeline for seniors and those with access difficulties, to get free rides on VT A for the next 3 months. She noted the website as www.vta.com. Mayor Lowenthal asked the City Manager to advertise this information in the Scene, on the Cupertino website, and in the Senior Center newsletter. January 17, 2006 Cupertino City Council Page 13 ADJOURNMENT At 12:04 a.m. on Jan. 18th the meeting was adjourned to Monday, January 30 at 5:00 p.m. to review the Vallev Transportation Plan 2030, and consider Y. cent sales tax scenarios. A study session was scheduled for the same evening from 5:30-7:30 p.m. regarding the General Plan policy on Economic Development. and the Fiscal Strategic Plan. A special meeting was also scheduled for the same evening at 7:30 p.m. on the Vallco condominium development. All meetings will be held in the Council Chamber, 10350 Torre Ave., Cupertino. ~JU1N({M- Grace Schmidt, 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.