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CC 03-1-2011 «, ,1 19s s CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 1, 2011 . ROLL CALL At 6:05 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang (6:08 p.m.) and Orrin Mahoney. Absent: Kris Wang. CLOSED SESSION 1. Subject: Conference with Real Property Negotiator (Gov't. Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee; Under Negotiation: Lease - price and terms of payment 2. Subject: Conference with Legal Counsel - Significant Exposure to Litigation (Gov't Code 54956.9(b)) (One case) At 6:06 p.m., Council recessed to a closed session to discuss these items, and reconvened in public session at 6:48 p.m. Mayor Wong announced that for item No. 1, Council met in closed session, obtained a briefing, and no action was taken. For item No. 2, Council met in closed session to discuss real property issues, obtained a briefing, and no action was taken. PLEDGE OF ALLEGIANCE At 6:49 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang and Orrin Mahoney. Absent: Kris Wang. CEREMONIAL MATTERS — PRESENTATIONS 3. Subject: Proclamation recognizing the Homestead High School Future Business Leaders of America's Community Service Project Recommended Action: Present proclamation March 1, 2011 Cupertino City Council Page 2 Mayor Wong presented the proclamation to Nancy Liao and Edward Gao. They explained that the F was dedicated to serve the community in a variety of ways, and this year Homestead High School participated in a nation -wide community service project involving technology and computer safety, especially related to Facebook. They targeted populations not usually exposed to technology, including seniors and u:ider- privileged students. 4. Subject: Library Commission presentation of 2010 accomplishments Recommended Action: Receive presentation Susanna Tsai, representing the Library Commission, reported on the Commission's goals which included: library parking, hours, traffic, continuing education, community involvement, and other activities as requested by Council. She noted that the Commission had made presentations to other community organizations such as Rotary, Kiwanis, the YMCA and the Chamber of Commerce. Also, the Bookmobile and book sales were ongoing projects, and the Library Commission was also working with other city commissions, in particular the Fine Arts Commission. Mayor Wong thanked Commissioner Tsai for her report and noted that the city had hired a new Public Works Director who would be wo -king with the Council and the Commission on the issues of parking and traffic. Mayor Wong also stated that the Council had agreed to fund additional hours for the library and it was important to keep the library open seven days a week. Mayor Wong asked the City Manager to arrange for each of the commissions to give a brief report at a City Council Meeting. POSTPONEMENTS — None. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • An amended first agreement regarding the traffic pilot program (Item No. 9) • A copy of the PowerPoint presentation, and an amended copy of the definitions section of the parking ordinance (Item No. 19) ORAL COMMUNICATIONS Cathy Helgerson said she submitted a petition to the Environmental Protection Agency Region 9 for a superfund site. She noted that the Lehigh plant and quarry as well as the Stevens Creek Quarry would be reviewed and she would let Council know of any information she received. She explained that old buildings under the east materials storage area were causing pollution and needed to be cleaned out. She also noted that the California Regional Quality Control Board had issued another notice of violation to Lehigh, since they were operating without a waste permit and were conducting their own sewage treatment. March 1, 2011 Cupertino City Council Page 3 Mayor Wong reminded the advocacy group and the representatives of the Lehigh Plant that when materials were submitted to the Council, they should also be submitted to the Cupertino.org website so that all documents could be appropriately documented. CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 16 -18, which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: Wang. 5. Subject: February 1 City Council minutes Recommended Action: Approve minutes 6. Subject: Accounts Payable for period ending :February 4, 2011 Recommended Action: Adopt Resolution No. 11 -027 7. Subject: Accounts Payable for period ending :February 11, 2011 Recommended Action: Adopt Resolution No. 11 -028 8. Subject: Donation of a bench in honor of Hazel Fretwell from the Cupertino Historical Society Recommended Action: Accept bench donation 9. Subject: Agreement between Fremont Union High School District, Cupertino Union School District, and City of Cupertino Recommended Action: Authorize City Manager to execute the First Amendment to Agreement that is substantially similar to the form attached hereto as Attachment B Description: This extends the agreement between the Fremont Union High School District, the Cupertino Union School District, and the City of Cupertino for congestion and safety measures around Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School 10. Subject: Alcoholic Beverage License, Gochi Japanese Fusion Tapas, 19980 Homestead Road (Oakmont Shopping Center @ Blaney) Recommended Action: Approve application for On -Sale General for Bona Fide Public Eating Place 11. Subject: Alcoholic Beverage License, Guan Dong House, 10851 North Wolfe Road (Cupertino Village) Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place 12. Subject: Alcoholic Beverage License, Gyu -Kaku Cupertino, 19620 Stevens Creek, Suite 150 (Marketplace) Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place March 1, 2011 Cupertino City Council Page 4 13. Subject: Planning Commission recommendation to select Winnie Lee as the Environmental Review Committee representative Recommended Action: Accept the recommendation 14. Subject: Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue, APN 357 -18 -007 Recommended Action: Accept Municipal Improvements Description: The applicants have completed City - specified improvements in the City right -of- way including sidewalk, driveway approach. curb & gutter and paving as required by the improvement agreement with the City 15. Subject: City Project, Sterling Barnhart Park, Project No. 2008 -9126 Recommended Action: Accept Project No. 2008 -9126 Description: The work consisted of the constnaction of a new park ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Cathy Helgerson spoke regarding Items 16 and 17, and inquired why the city wanted these underground water rights, and she did not agree with taking these rights from residents. Concerning Item 18, she asked the Council to do water tests for pollution and not just deal with trash. City Manager David Knapp explained that the water below one's property belonged not just to that property but to a larger body of water. The city had a policy that when a property changed hands the water rights would be ceded to the public. The recipient of the water was the Santa Clara Valley Water District. Additionally, it was a sound environmental decision. If everyone owned the water and drilled on their property it would be difficult to keep the water pure. It was much better that a public entity owned the water. Public Works Director Timm Borden commented that Item 18 allowed the city to move forward in obtaining grants for this phase of the Stevens Creek Corridor Park Project. The Santa Clara Valley Water District had jurisdiction to test the water, not the city. Mahoney moved and Santoro seconded to approve item Nos. 16 -18 as recommended by staff. The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro and Wong. Noes: None. Absent: Wang. 16. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc., 19050 Pruneridge Avenue, APN 316 -06 -033 Recommended Action: Adopt Resolution No 11 -029 Description: The property owner of this commercial development agrees to grant to the City the right to extract water from the basin under the overlying property 17. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Stephen Wu and Chinling Lee, 10108 South Tantau Avenue, APN 375 -07 -040 Recommended Action: Adopt Resolution No. 11 -030 March 1, 2011 Cupertino City Council Page 5 Description: The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 18. Subject: Authorize applications for grant funding from the Santa Clara Valley Water District's Clean Safe Creeks and Natural Flood Protection Program of 2000 for Stevens Creek Corridor Park Phase 11, Project 9136 Recommended Action: Adopt Resolution Nos. 11 -031 and 11 -032, authorizing applications for grant funding PUBLIC HEARINGS 19. Subject: Parking Ordinance Amendment Recommended Action: Approve recommended amendments to the Parking Ordinance and conduct the first reading of Ordinance No. 11 -2074 Description: Application: MCA - 2010 -05; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance) of the Cupertino Municipal Code to clarify language regarding storage and parking of vehicles. "An ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment, aircraft and planned non - operational vehicles in residential zones" Larry Goe asked that all references to aircraft be removed from the proposed ordinance. He noted that he had attended previous discussions on this subject and he had understood that aircraft would not be included. However, no that was not the case. He had an airplane in his side yard that was behind a six -foot fence. A small part of the plane was visible about two feet above the fence. He had not received any complaints about this plane. City Manager David Knapp and Director cf Community Development Aarti Shrivastava noted that this ordinance was being considered primarily to address complaints raised about heavy equipment on properties. No complaints had been received about planes. Senior Code Enforcement Officer Gary Kornahrens explained that this ordinance would clarify what could be visible from the street. In Mr. Goe's case, if this ordinance passed, his plane would be in violation of the code, because nothing was allowed to be visible above the six -foot fence. However, a resident could apply for a building permit for an eight -foot fence. Kornahrens also commented on the need for a specific definition of semi- pervious surfaces. Director of Community Development Aarti Shrivastava noted that loose materials were not a problem in side or back yards, but it was an issue in driveways when the materials went into the street. Council Members discussed the proposed ordinance, particularly the issues of aircraft and semi - pervious surfaces. They considered omitting aircraft from the ordinance or grandfathering in existing aircraft. It was noted that currently there were no problems or March 1, 2011 Cupertino City Council Page 6 complaints about aircraft, and if the term were to be omitted and problems arose in the future, the ordinance could be reconsidered. They also discussed adding gravel, pavers and cobbles to the list of such surfaces that would be permitted as long as those allowed for partial infiltration of water and prevented direct contact with the soil. Santoro moved and Mahoney seconded to approve Application No. MCA - 2010 -05 with the following exceptions: (1) Remove the word aircraft and its definition; and (2) amend Section 19.100.030(A) (d), first two sentences, to read as follows: All vehicles must be parked on a permanent impervious or semi - pervious surface. Semi - pervious surfaces include unit pavers, turf block, brick, cobbles, pavers, gravel, or other like materials that must allow for partial infiltration of water and must prevent direct contact with soil. The City Clerk read the title of the ordinance. Chang moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Absent: Wang. UNFINISHED BUSINESS 20. Subject: Coffee Society Lease Recommended Action: Authorize the City Manager to execute a one year lease with the Coffee Society, with the option granted to the Coffee Society to extend this initial teen with two additional one year periods Public Works Director Timm Borden reviewed the staff report. Mahoney moved and Chang seconded to authorize the City Manager to execute the one year lease, with the option to extend the lease for two additional one -year periods. The motion carried 4 -0, with Council member Wang abse:it. Mayor Wong said that the Coffee Society has been a wonderful asset to the community, back to the time when the new library was built. He said there had been a misunderstanding on the city's part during the bid process, and Council wanted to be sure the process was done fairly as the bid was reissued to them. He said the Council was very happy to have the Coffee Society in the community. NEW BUSINESS 21. Subject: Association of Bay Area Goveriments (ABAG)/ Metropolitan Transportation Commission (MTC)- Sustainable Communities Strategy and the Subregion Regional Housing Needs Allocation (Sub RHNA) Process Recommended Action: Do not create a subregion for the FY 2014 -2022 Regional Housing Needs Allocation (RHNA) process Community Development Director Aarti Shrivastava reported that in 2008, Senate Bill 375 was passed, which called for the development of a Sustainable Communities Strategy in all metropolitan regions in California. It combined the previous planning processes done by the March 1, 2011 Cupertino City Council Page 7 Association of Bay Area Government and the Metropolitan Transportation Commission, and it required that an updated eight -year regional housing need allocation (RHNA) prepared by ABAG was consistent with the SCS. She said that the Cal. Govt. Code allowed local governments to form a subregion to receive and distribute shares of regional housing needs, specified the methodology, and allowed subregions the ability to create their own methodology. In February 2011 the Cities Association Board accepted a recommendation from the City Manager's Association and the Santa Clara County Planning Officials to not establish a formal subregion in the current RHNA process but instead to pursue an informal collaborative process. The pros for this informal process included the following: utilized existing forums for communication and participation; provided an opportunity for a unified voice representing the South Bay; maintained the ability of contiguous jurisdictions to trade RHNA numbers; and facilitated future collaboration of housing element consultants, analyses and policies with the added benefit of hopefully reducing costs. Staff recommended that the city pursue an informal collaborative process within Santa Clara County. Jennifer Griffin commented that she had issues with ABAG and did not believe the housing needs they imposed on Cupertino or Santa Clara County were realistic. She believed it increased the high density housing in the city which was unnecessary because, in her opinion, there was not a job /housing imbalance in Cupertino. She suggested that when the city was told it had to do something it was important to ask why and she supported the Council in moving cautiously on this matter. The Council received the report and took no action to create a subregion. 22. Subject: Select date for Teen Commission interviews Recommended Action: Accept the following deadlines: Applications due in the City Clerk's Office Fri, May 13; Interviews held beginning at 3:30 p.m. Tues, May 24 (and Wed, May 25 as needed) Parks and Recreation Director Mark Linder commented that in addition to the advertising done by the City Clerk's office, he had met with the superintendent of the school district and the principals of the schools in the district to provide additional outreach for advertising and marketing of the Teen Commission. Council concurred to set the application deadline on Friday, May 13, and to conduct interviews on Wednesday, May 25 at 3:30 p.m., and to continue the interviews on Thursday, May 26, if necessary. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Councilmember Mahoney noted that he had attended the Taiwanese Chamber of Commerce Northern California Chapter dinner and the Dr. Seuss Reading Day. March 1, 2011 Cupertino City Council Page 8 Mayor Wong noted that he had just returned frorl India, and the city was currently looking into the possibility of a sister city with that country. Vice -Mayor Santoro stated that he had attended the Lunar New Year Lunch. Councilmember Chang stated that he had received a copy of the State of California's Office of Mine Reclamation's report made to the County of Santa Clara on February 10 and he asked to give an overview of this report to the Council. He also suggested that the Council invite the State's Mining and Geology Board to have their May meeting in Council Chambers, which would make it more convenient for the public. The remaining Council members declined invite the State's Mining and Geology Board to hold their meeting in Council Chambers, but they were free to make that request on their own if they desired. The Mine Reclamation Report would be inade available via a link on the city's website. ADJOURNMENT At 8:48 p.m., the meeting was adjourned. Kimberly Smith ity 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.