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CC 12-07-2010 4 S. I 9s s CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, December 7, 2010 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang 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 Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. Mayor Kris Wang acknowledged several people in attendance, including the following: • State Controller John Chiang • District Director John Kessler representing Assemblyman Paul Fong • Santa Clara County Supervisor Liz Kniss • Cupertino Unified High School District Board member Ben Lao • Berryessa School District Board trustee Linda Chan • San Jose City Community College Board trustee Randy Okamura • former Sunnyvale Mayor John Hall • former Cupertino Mayor Michael Chang • Santa Clara County Board of Education trustee • Santa Clara Valley Water District 5 Director • former Cupertino Mayor Patrick Kwok • former California Assembly member Jim Cunneen • Deputy Consul General of Chinese Consulate General in San Francisco Mao Qingwen • She also announced Taipei Economic and Cultural Office (TECO) representative Deputy Director Wang and State Senator Joe Simitian were also expected to arrive shortly. • Mark Linder introduced the new Public Works Director Timm Borden who formerly served as the Deputy Public Works Director for the City of San Jose. CLOSED SESSION - None POSTPONEMENTS - None December 7, 2010 Cupertino City Council Page 2 CEREMONIAL MATTERS — PRESENTATIONS - None ELECTION OF MAYOR AND VICE MAYOR 1. Subject: Council members elect Mayor and Vice Mayor. Wang moved to elect Gilbert Wong to the position of Mayor. Chang seconded, and the motion carried unanimously. Wang moved to elect Mark Santoro to the position of Vice Mayor. Mahoney seconded, and the motion carried unanimously. 2. Subject: Mayor and Vice Mayor take oath of office. Discussion: State Controller John Chiang extended his holiday wishes to the Council. He thanked Mayor Wang for her service this past year despite economic challenges for the State of California. Action: Mr. Chiang administered the oath of office to Mayor Wong, and said he looked forward to a collaborative working relationship in the future. Discussion: Santa Clara County Supervisor Liz Kniss spoke highly about her long work history with Mr. Santoro and recalled working with him when he was a young scientist at Sun Microsystems. She said that Vice Mayor Santoro will have an important job supporting the Mayor Wong and filling in as acting Mayor when necessary. Action: Ms. Kniss administered the Oath of Office to Vice Mayor Mark Santoro. Mayor Wong presented a plaque to Council member Wang in recognition of her service as Mayor, and also presented an engraved glass leaf in gratitude for her environmental efforts. He said Council member Wang has been a role model to girls and women in Cupertino. Council member Wang invited her son to come up on stage and said he was always her biggest supporter. Mayor Wong's two daughters and nephew presented him with a bouquet of flowers. Acting City Manager Mark Linder presented a desk pen set to Council member Wang on behalf of the Cupertino employees for inspiring community through leadership. He praised her intellect, sense of social justice, persistence in sustainability, support for City staff, and recognition of City Manager Knapp's 10 years of service. Council member Wang thanked the audience for their support this past year while she served as Mayor, as well as the last seven years she served the Council. She talked about the challenges of working within the current economic climate, managing cutbacks, the importance of maintaining the green program, and remarked on a great City staff and the many accomplishments of the year. December 7, 2010 Cupertino City Council Page 3 4. Subject: Members of the audience are invited to speak Discussion: The following individuals offered their thanks to former Mayor Kris Wang, and congratulated Mayor Gilbert Wong and Vice Mayor Mark Santoro. Deputy Consul General of Chinese Consulate General in San Francisco, Mao Qingwen offered congratulations to Mayor Wong and Vice Mayor Santoro and presented a proclamation to the Mayor for his willingness to support the Chinese citizens of Cupertino. Taipei Economic and Cultural Office (TECO) representative Deputy Director Wang presented a proclamation to Mayor Wong, acknowledging the City of Cupertino's contribution in promoting the Hsinchu Sister City relationship with Taiwan ROC. He thanked councilmember Wang for her service. Cupertino Chamber of Commerce President Lin Ching and board members Kevin McClelland and John Cirelli presented councilrnember Wang with a bouquet of flowers, offering congratulations for her work as Mayor and extended thanks for her continued support of the Chamber. Mrs. Ching also presented a bouquet of flowers to Mayor Wong for his years of work on the Chamber Board, his continued support of the Chamber, and to welcome him as the new Mayor. Mayor Wong acknowledged Avi Kotts former Fremont Union High School District and Bruce Swenson Foothill De Anza Community College District for their presence in the audience. Mahesh Nihalani, Jewels in Style and Ram Gopal, Cupertino Bakery presented Mayor Wong and Councilmember Wang each with a cake in appreciation of their service. They offered thanks to Councilmember Wang for her community leadership and years of friendship and offered support to incoming Mayor Wong. They also congratulated Vice Mayor incoming Vice Mayor Santoro and remarked of their years of friendship. Resident Michael Gottwald Cupertino Planning Commissioner Marty Miller Public Safety Commission Chair Daniel Nguyen Cindy Chang, on behalf of a group of friends, presented outgoing Council member Wang with a bouquet of flowers and a cake. Santa Clara Valley Water District Director and former Cupertino Mayor Patrick Kwok Santa Clara County Board Supervisor Liz Kniss presented a plaque to Council member Wang in recognition of her work as Mayor and praised their working relationship over the years. December 7, 2010 Cupertino City Council Page 4 Mao Qingwen, Deputy Consul General of Chinese Consulate General in San Francisco, presented a proclamation to Council member Wang, recognizing her long time commitment and support of promoting friendship between China and the United States, particularly Cupertino. Mayor Wong remarked that it was honor and privilege to be elected by his peers. He thanked his family and acknowledged his friends and family members who were in the audience. He discussed his pride in Cupertino, which was a wonderful community for families because it included a strong technology sector, many parks & facilities, a high rate of volunteerism, and high ranking schools and Library. He thanked the Council and the Cupertino Staff for their support as well. 3. Subject: Comments by Council members and new Mayor The Council members congratulated Mayor Wong and thanked former Mayor Wang for her service. Former Mayor Wang congratulated the new officers and said she was happy for the new team and looked forward to another year. She thanked the Council and City staff for their hard work and support this past year. 5. Subject: The public is invited to attend a reception in the lobby Mayor Wong introduced the members of the Far East Dragon Lion Dance Association (FEDLDA), who performed a traditional Chinese dance in honor of the ceremony. RECESS: The Council recessed from 7:56 p.m. to 8:43 p.m. to attend the reception. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed a copy of the staff PowerPoint for item No. 17, a request for a five -year extension of permits issued for 10100 North Tantau Avenue. ORAL COMMUNICATIONS Anne Pflager expressed concern over the proposed open pit mine at Lehigh Cement Plant and asked the Council to take a strong stance with Santa Clara County to oppose the new open pit mine. Phillip Pflager also asked Council to take a position against the new open pit mine. Mr. Pflager said the original mine opened when few people lived in the county but the population has since grown. He asked the City take a strong stance to oppose the open pit mine to protect the health and welfare of Cupertino citizens and valley residents. Paula Wallis stated that Lehigh is the largest single polluter of mercury in Santa Clara County and is violating the Clean Air Act and its Title V Permit. She expressed concern over the December 7, 2010 Cupertino City Council Page 5 California Regional Water Control Board's questioning of Lehigh's dumping in Permanente Creek and asked Council for a resolution against Lehigh's vested rights of the East Storage Material Area (EMSA), and renewal of its Title V permit. Rhoda Fry said she would like to see more collaboration between the City and its voters. She requested more frequent Council meetings with shorter durations so that residents can participate more. She mentioned several upcoming environmental issues including the new green building ordinance, Stevens Creek restoration, and Lehigh cement. She noted that the San Jose Guadalupe River is still polluted as a result of mercury mining 150 years ago. She requested the Council put pressure on the County to keep the community healthy and safe. Artur Plonowski said he lives close to Lehigh cement plant and is concerned about health issues due to mercury exposure. He also uses the compost from the City which is adjacent to the plant. He asked how much mercury and cancer - causing su bstances are in this soil, if it has it been measured, and whether it would be tested, because he was concerned about the contamination of the soil. Rod Sinks stated that Lehigh is the number four cement plant polluter in the United States and the limestone here has an extra high mercury percentage. He said that Lehigh has worked to block EPA regulations from going into effect which would reduce the allowable output of mercury from 350 -700 pounds down to 69 -88 pounds. Roy Hong said Lehigh has three active notices of violations for land, water, and air and he was incredulous that things had reached this state. He felt there was a level of antagonism and anger and dysfunction on all sides, and he asked the City Council for help to resolve this issue. Tim Brand said that a determination for Lehigh's vested rights for the East Material Storage Area (EMSA) could take years, and until then Lehigh will continue piling materials. He questioned what would happen to the existing waste rock. He asked the City to increase their efforts to influence the County, and he asked that council pass a resolution to oppose EMSA, immediately suspend the temporary permit, and impose fines. CONSENT CALENDAR Wang moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 6. Subject: November 1 City Council minutes Recommended Action: Approve minutes 7. Subject: Accounts Payable for period ending November 12, 2010 Recommended Action: Adopt Resolution No. 10 -219 8. Subject: Accounts Payable for period ending November 19, 2010 Recommended Action: Adopt Resolution No. 10 -220 December 7, 2010 Cupertino City Council Page 6 9. Subject: Accounts Payable for period ending November 24, 2010 Recommended Action: Adopt Resolution No. 10 -221 10. Subject: Payroll for period ending November 12, 2010 Recommended Action: Adopt Resolution No.10 -222 11. Subject: Payroll for period ending November 24, 2010 Recommended Action: Adopt Resolution No. 10 -223 12. Subject: Year -end Financial Reports for 2009 -10 Recommended Action: Accept Financial Reports for fiscal year ended June 30, 2010 13. Subject: Declare weeds a nuisance and set hearing date of January 18 for objections to proposed removal Recommended Action: Adopt Resolution No. 10 -224 14. Subject: Alcoholic Beverage License, Whole Foods Market, 20955 Stevens Creek Boulevard Recommended Action: Approve application for Off Sale General 15. Subject: Alcoholic Beverage License, Sushi Hana Bistro, 19068 Stevens Creek Boulevard (Loree Shopping Center) Recommended Action: Approve application for On -Sale Beer and Wine for a Bona Fide Public Eating Place 16. Subject: Citizens' Option for Public Safety (COPS) Grant Recommended Action: Adopt Resolution No. 10 -225 to approve the 2010 -11 COPS grant funding request ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 17. Subject: Application for a five year extension of permits issued for 10100 North Tantau Avenue Recommended Action: Consider approving a five year extension to a previously approved project to construct a 10,582 square foot retail building and a one -level parking garage. Description: Application M- 2010 -06; Applicant Alanna Schroeder / Four Corners Properties (Rocktino Fee, LLC); Location 10100 North Tantau Avenue, APN 316 -19 -061 Application Summary: Modification to the previously approved Use Permit (U- 2007 -03), Architectural & Site Approval (ASA- 2007 -05), Exception to the Heart of the City Specific Plan (EXC- 2007 -08), Tentative Map (TM- 2007 -08), and Tree Removal Permit (TR- 2007 -03) for the purpose of extending the expiration date of the approvals for five years Discussion: City Clerk Kimberly Smith distributed a copy of the staff PowerPoint for item No. 17, a request for a five -year extension of permits issued for 10100 North Tantau Avenue. Senior Planner Aki Honda Snelling reviewed the staff report. December 7, 2010 Cupertino City Council Page 7 Staff explained the extension request was submitted within the required time frame but, due to applicant scheduling conflicts, Council has been unable to review the project until now. The project will still be compliant with the current Heart of the City Plan; the extension would be from August 21 to 2015 for a 5 -year extension. Applicant Bruce Burquehart with Four Corners Properties representing the owners on Tantau Avenue, answered questions and cited the current economic conditions as the reason for the permit extension request. He hoped to avoid reapplying for a new permit which could cost $15,000, because of the amount of capital already spent on this process, including his time and lawyer fees. He explained that it was not financially viable to keep redesigning. The applicant does not have plans to sell the project right now or within the next five years because they would not be able to recover what they originally paid for the property. Mayor Wong opened the public hearing at 9:25 p.m. Jennifer Griffin said when this project was first heard in 2007 the neighborhood was concerned about the potential removal of many trees along Stevens Creek Boulevard. She asked that Council retain as many trees as possible, retain the "pork chop" to prevent cut - through traffic, and retain the high -tech uses in this project. The public hearing was closed at 9:32 p.m. Action: Wang moved and Chang seconded to approve a three -year extension of permits for 10100 North Tantau Avenue pursuant to the Planning Commission's recommendation and all other conditions as recommended by the Planning Commission. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 18. Subject: Possible change to City Council meeting schedule Recommended Action: Consider cancelling meeting of January 4 Description: The decision is necessary at this time in order to accommodate newspaper deadlines for any public hearing notices. Discussion: City Clerk Kimberly Smith asked that the City Council table this item. She explained that since the agenda had been prepared, several items of business had arisen and that needed to be addressed on January 4. Action: The Council concurred to table the item. ORDINANCES 19. Subject: Buildings & Construction Ordinance. Recommended Action: Conduct second reading of the Buildings & Construction Ordinance No. 10 -2072 December 7, 2010 Cupertino City Council Page 8 Description: An Ordinance of the City Council of the City of Cupertino amending Chapter 16 of the Cupertino Municipal Code and adopting the 2010 California Building Code Standards with appendices and amendments thereto Staff said that the minor changes requested by council were made to two parts of the ordinance, and that the phrase "a one -time addition to an existing building that does not total more than 1000 square feet..." has been amended to say "one or more additions made to a building after January 1, 2011 that do not total more than 1000 square feet of building..." Action: Wang moved and Mahoney seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Wang moved and Chang seconded to enact Ordinance No. 10 -2072. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS 20. Subject: Critzer v. City of Cupertino - update to Council on status of litigation Recommended Action: Receive report Discussion: Acting City Manager Mark Linder reported that lawsuit is now finalized in the City's favor. The Council received the report, and no action was taken. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:50 p.m. the meeting was adjourned. 6 Kimberly Smith i Clerk Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.