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CC 02-15-2011 Special Joint \ rd CUPERTINO APPROVED MINUTES Cupertino City Council & Cupertino Redevelopment Agency — Joint Special Meeting Cupertino City Council — Special Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 15, 2011 JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL MEETING ROLL CALL At 4:05 p.m. Mayor Gilbert Wong called the joint special meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California. City Council members Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION At 4:06 p.m. the City Council and the Redevelopment Agency recessed to a closed session to discuss the following item: 1. Subject: Conference with Legal Counsel - Initiation of Litigation (one case) (Gov't Code 54956.9(c)) Page: No written materials in packet REDEVELOPMENT AGENCY RECESS — At 4:25 p.m. the Redevelopment Agency recessed and the City Council meeting continued. CITY COUNCIL SPECIAL MEETING CLOSED SESSION At 4:26 p.m. the City Council held a closed session to discuss the following items: 2. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Ave, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee; Under Negotiation: Lease - price and terms of payment February 15, 2011 Cupertino City Council Page 2 Cupertino Redevelopment Agency 3. Subject: Conference with legal counsel - Significant exposure to litigation - (One case) (Gov't Code 54956.9(b)) Page: No written materials in packet RECESS The City Council was in recess from 5:13 p.m. to 6:48 p.m. Mayor Wong reported out from the closed session meetings. He said that on item No. 1, Council and the Redevelopment Agency obtained briefing and took no action. On item No. 2, Council gave direction to the real property negotiator and took no action. On item No. 3, Council took no action. PLEDGE OF ALLEGIANCE At 6:48 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 (6:50 p.m.), Orrin Mahoney, and Kris Wang. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 4. Subject: Proclamation recognizing the Santa Clara County Library, the Friends of the Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual Silicon Valley Reads (continued from February 1) Recommended Action: Present proclamation Council member Orrin Mahoney talked about the program. Mayor Wong presented the proclamation to the Friends of the Cupertino Library representatives. 5. Subject: Presentation about the local branch of Hindu Swayamsevak Sangh (HSS), a voluntary, non - profit, social and cultural organization which aims at preserving and passing on ancient Hindu heritage and cultural values Recommended Action: Receive presentation Mr. Girish Thobbi, representing Health for Humanity, gave a Power Point presentation about the organization. The Council received the presentation. February 15, 2011 Cupertino City Council Page 3 Cupertino Redevelopment Agency 6. Subject: Recognition of the City of Cupertino Finance Department for its excellence in preparing the operating budgeting for Fiscal Year 09 -10 from the California Society of Municipal Finance Officers (CSMFO) Recommended Action: Recognize Finance Department Mayor Wong presented the award to Administrative Services Director Carol Atwood and Finance Director David Woo. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: For item No. 15: • An email from Darrel Lum including some comments and recommendations regarding the Matrix Consulting Group management study • A report from the Planning Commission Subcommittee on process improvements For item no. 16, a staff PowerPoint presentation. For item no. 17: • A letter from John Bene of AT &T stating that the Petition for Reconsideration should be denied because it fails to identify grounds for reconsideration • An addendum to the petition from Grace Chen and Guo Jin • A staff PowerPoint presentation. ORAL COMMUNICATIONS Ann Smart, Associate Director for Energy and Environmental Policy with the Silicon Valley Leadership Group, invited Council to an event in Washington, D.C. March 15 -17. This is an annual visit and will focus on several federal priorities with an emphasis on U.S. jobs and competitiveness. Darcy Paul stated that a local store owner had discussed with him a problem with students loitering and smoking during lunch hour and after school. Mr. Paul called Code Enforcement who referred him to the loitering law, Chapter 10.56. He noted that this law refers to a smoking ordinance that doesn't exist (Chapter 10.25). He provided handouts showing the code sections in question. He urged Council to either correct the code or enact a smoking ordinance within the City. Three boy scouts from Troop 494, working toward their "Citizenship in the community merit badge ", spoke to Council about traffic issues in the City. Atharva Bohatgi said that he was concerned that the crosswalk near Monta Vista High School on McClellan Road has no flashing lights. Anjan Amarnath said that he was concerned that the crosswalks at the intersection of Hyannisport and Fort Baker near Kennedy Junior High School and Monta Vista High School February 15, 2011 Cupertino City Council Page 4 Cupertino Redevelopment Agency were confusing to drivers and pedestrians. He suggested installing a timer to allow students to cross the street at intervals so that cars can pass through smoothly and pedestrians will know when to enter the crosswalk. Sachiv Shenoi noted that the City has a law stating people over the age of 10 cannot ride their bike on the sidewalk. He was concerned that the roadway between Rainbow and Bubb and Rainbow and Stelling has no bike lane so students are forced to bike on the road without a bike lane in order to obey law. 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. 7. Subject: January 18 City Council minutes Recommended Action: Approve minutes 8. Subject: January 24 City Council minutes Recommended Action: Approve minutes 9. Subject: January 25 City Council minutes Recommended Action: Approve minutes 10. Subject: Accounts Payable for period ending January 28, 2011 Recommended Action: Adopt Resolution No. 11 -017 11. Subject: Payroll for period ending February 4, 2011 Recommended Action: Adopt Resolution No. 1 1 -01 8 12. Subject: Treasurer' -s Investment and Budget Report for quarter ending December 2010 Recommended Action: Accept the report 13. Subject: Treasurer and Deputy Treasurer Appointments Recommended Action: Adopt Resolution No. 11 -019 Description: Extends the appointments of the current City Treasurer and Deputy Treasurer 14. Subject: Grant of easement for sidewalk purposes, Apple Inc., a California corporation, 19333 Vallco Parkway, APN(s) 316 -20 -075 and 316 -20 -076 Recommended Action: Adopt Resolution No. 11 -020 Description: The property owner of this commercial development agrees to grant to the City an easement for public sidewalk purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property ITEMS REMOVED FROM THE CONSENT CALENDAR (if any) Mayor Wong read a statement provided by Administrative Services Director Carol Atwood explaining the smoking ordinance history: The City used to have a smoking ordinance but it was eliminated in the City code to follow what was written in the State code. Within the next 12 February 15, 2011 Cupertino City Council Page 5 Cupertino Redevelopment Agency months, staff will present a no smoking ordinance for recreational areas and trails. The County gave the City a grant to promote anti - smoking. PUBLIC HEARINGS 15. Subject: Development Permit Process Recommended Action: a. Provide direction to staff on the list of recommended changes and any additional modifications /enhancements to the permit process and public engagement policy (see Attachment A) b. Authorize Staff to work on modifications to the Zoning Ordinances as required by the above changes Description: Application: CP- 2010 -01; Applicant: City of Cupertino; Location: Citywide; Application Summary: Review of the Management Study of the Permit Process and opportunities to enhance the quality of the City's permit services and organizational efficiency Written communications for this item included • An email from Darrel Lum including comments and recommendations regarding the Matrix Consulting Group management study • A report from the Planning Commission subcommittee on process improvements Associate Planner Piu Ghosh and Community Development Director Aarti Shrivastava reviewed the staff report via a PowerPoint presentation. They noted that the consultant, Ken Rodrigues, was also in the audience to answer questions as needed. Mayor Wong opened the public hearing. Kevin McClelland with the Chamber of Commerce noted that the current system of public input at the Design Review Committee (DRC) might be better rather than streamlining that portion of the decision process. Jennifer Griffin said that she doesn't want public input or story poles eliminated. She said that the DRC should be making some of the design decisions rather than staff, noting that when her Rancho Rinconada neighborhood was annexed to Cupertino that they were promised the DRC would stay. She urged Council to not bring up R -1 ordinance. Frank Sun said that the permit process could be better from the applicant's standpoint if it were less costly and more consistent. He talked about a recent experience he had with the building department explaining that he did everything he could with the design and the studies required. He was told he had to start over again because the architect he was working with tired of having to redo the studies and quit. He said he ended up spending a lot of time and money and never could get a permit. Marty Miller from the Planning Commission said that he was in the audience in case there were any questions. February 15, 2011 Cupertino City Council Page 6 Cupertino Redevelopment Agency Mayor Wong closed the public hearing. Council asked questions from staff and some of the previous speakers. Action: Mahoney moved and Wang seconded to approve the recommendations with the following amendments. The motion carried unanimously: • Public engagement policy: increase the notification threshold for the "collaborate level" to 25 residential units • Project approval thresholds: Council to approve projects with >50 residential units, 50,000 sq. ft. of commercial /office /non - residential or 100,000 sq. ft. of industrial space • Discuss keeping the current noticing radii for minor General Plan Amendments and zoning applications • Initiate a separate, limited review of the R1 Ordinance related to design review, story poles and noticing Council recessed from 9:15 p.m. to 9:30 p.m. UNFINISHED BUSINESS - None NEW BUSINESS 16. Subject: Petition for reconsideration of the City Council's January 4, 2011 decision to deny an appeal of a Director's Approval for a parking pad to be located at a duplex located at 965- 967 Miller Avenue Recommended Action: Conduct a hearing and adopt Resolution No. 11 -021 Description: Application: DIR- 2010 -30; Appellant: Erwin Wolf; Applicant: Linda Shen - Jung (GLSAA, LLC); Location: 965 -967 Miller Avenue; APN: 369 -19 -052; Application Summary: Petition for Reconsideration of the City Council decision to deny an appeal of a Director's Minor Modification decision to allow paving in the front yard of an existing duplex for the purpose of a parking stall at 965 -967 Miller Avenue Written communications for this item included a staff PowerPoint presentation. Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Petitioner Erwin Wolf said that it is a safety issue to allow cars to be parked to park in the area in question because the view is blocked. He noted that it is also difficult for cars to come from Miller Ave. and park in that area. Applicants Linda Shen -Jung and Gordon Jung, said they had nothing more to add and were available to answer any questions. Action: Mahoney moved and Chang seconded to adopt Resolution No. 11 -021 denying the Petition for Reconsideration; therefore, the Director's approval for a parking pad on Miller Avenue still stands. The motion carried unanimously. February 15, 2011 Cupertino City Council Page 7 Cupertino Redevelopment Agency 17. Subject: Petition for reconsideration of the City Council's January 4, 2011 decision to deny an appeal of a personal wireless service facility at the Results Way Office Park Recommended Action: Conduct a hearing and adopt Resolution No. 11 -022 Description: Application Nos: U- 2010 -03, EXC- 2010 -04, TR- 2010 -31; Applicant: Dave Yocke (AT &T); Petitioners: Grace Chen, Guo Jin; Address: Results Way (rear parking lot); APN: 357 -20 -042; Application Summary: Petition for Reconsideration of the City Council decision to deny the appeal of a Planning Commission approval of a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Written communications for this item included: • A letter from John Bene of AT &T stating that the Petition for Reconsideration should be denied because it fails to identify grounds for reconsideration • An addendum to the petition from Grace Chen and Guo Jin • A staff PowerPoint presentation Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation. Petitioner Grace Chen made a PowerPoint presentation highlighting the grounds for reconsideration, which included a need to integrate existing plans with new approved plans;, arequest to appropriate funds for screening improvements in Astoria, and a potentially available and technologically feasible alternative area at Monta Vista High School. Petitioner Guo Jin said that he had a new fact to present in the petition. He explained that earlier during the appeal process, there were three petitioners, but now there were only two because the third person moved away and put his house on the market due to the denial of the appeal. He also noted that two more neighbors in the same area moved also due to the denial of the appeal. Council asked questions of the petitioners and staff. Applicant Randy Okamura, representing AT &T, said he had nothing further to add to the record at this time but was available to answer any questions. Council asked questions of the applicant. XiAowen Liu said that because the cell tower location is so close to the community where she lives and affects that community, she would like Council to find a middle ground between their community and AT &T. Mark Ma said that the proposed monopine has already had an impact on house values. He explained that one of his neighbors had just sold his house but had to negotiate a lower price for the house when the buyer heard that AT &T might be putting a monopine in front of it. He noted that other alternative locations should be considered. February 15, 2011 Cupertino City Council Page 8 Cupertino Redevelopment Agency Xuena Xu said that last time Council was pressed to vote no because they were threatened by law and there was no alternate site. She urged Council to reconsider because the information presented to them was false. She showed an aerial picture of tree heights. Andrew Wu said that he wanted to reemphasize that he understands that Council cannot make a certain decision by law. He noted that there is evidence of alternative sites and that the old data cannot be used. He also said that the impact to the community is evident due to the fact that people have moved out of the area. Action: Chang moved to uphold the petition for reconsideration. There was no second and the motion died. Mahoney moved to adopt Resolution No. 11 -022 denying the petition for reconsideration. Wang seconded for discussion. She said she wanted to clarify the earlier discussion regarding reimbursement of $30,000 to the Homeowner's Association for additional screening on the Astoria property and AT &T's potential interest in helping to make that happen. Mr. Okamura responded that he couldn't speak more for AT &T but that his personal reputation was important in the community. The motion carried with Chang voting no. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Santoro brought up the issue of petitions for reconsideration and concern about spending so much time on them if they don't get granted. Council concurred to agendize for a future meeting a discussion on the process of how petitions for reconsideration are handled. Chang asked that the Council members direct staff to verify with the State Office of Mine Reclamation (OMR) if the County information on the City's website regarding Lehigh, was correct and to remove the information until then. After discussion, Council agreed to add a link to the recent hearing from the State Mining Board on the City's website. Council recessed from 11:54 p.m. to 12:05 a.m. on Wednesday, February 16. February 15, 2011 Cupertino City Council Page 9 Cupertino Redevelopment Agency JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING At 12:05 a.m. on Wednesday, February 16, the Redevelopment Agency reconvened to a joint meeting with the City Council. ROLL CALL City Council members Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 18. Subject: Loan and Repayment Agreement between the City of Cupertino and the City of Cupertino Redevelopment Agency Recommended Action: A. Redevelopment Agency action - Adopt Resolution No. 11 -01 B. City Council action - Adopt Resolution No. 11 -023 Description: Adopt corresponding resolutions authorizing the City and Agency to enter into the Agreement 19. Subject: Agreement between the Housing Trust of Santa Clara County, the Cupertino Redevelopment Agency (RDA), and the City of Cupertino for the use of housing funds Recommended Action: A. Redevelopment Agency action - Adopt Resolution No. 11 -02 B. City Council action: 1) Increase RDA Housing set -aside fund expenditure budget by $1,000,000 2) Adopt Resolution No. 11 -024 Description: Adopt corresponding resolutions authorizing the City and Agency to enter into the Agreement. Discuss an opportunity to fund the Housing Trust of Santa Clara County out of the RDA Housing set -aside 20. Subject: Public Infrastructure Agreement with the Cupertino Redevelopment Agency, City of Cupertino, and Vallco Shopping Mall Recommended Action: A. Redevelopment Agency action - Adopt Resolution No. 11 -03 B. City Council action - Adopt Resolution No.:[ 1 -025 Description: Includes installation of storm sewer trash capture devices and reimbursement for the construction of public street improvements 21. Subject: Amendment of the Grant Agreement between the City of Cupertino and the Association of Bay Area Governments (ABAG) to allow the City to purchase two Storm Sewer Trash Capture Devices. Recommended Action: City Council Action - Resolution No. 11 -026 February 15, 2011 Cupertino City Council Page 10 Cupertino Redevelopment Agency Mayor and Chair Gilbert Wong noted that action on item nos. 18 -21 could be taken concurrently. Finance Director David Woo reviewed the staff report for item no. 18; Director of Community Development Aarti Shrivastava reviewed the staff report for item no. 19; Director of Public Works Timm Borden reviewed the staff report for item nos. 20 and 21. Jennifer Griffin asked questions and said she was concerned about the City and the Redevelopment Agency (RDA) giving so much money to an organization outside of Cupertino. She said that the public needed to understand what action was happening tonight. Robert McKibbin asked questions about the documents for item Nos. 18 -21 and asked for specific clarification. He said the public hasn't had much time to review the documents. Tom Hugunin asked where the money was going to the RDA and where has the Housing Trust had spent money in Cupertino. Keith Murphy said that he is concerned that the RDA is taking action at such short notice. He asked questions about RDA money being put into housing and what would happen in the future. Mayor Wong explained the reason for the RDA agenda items this evening, noting that Governor Brown is proposing to close down all the Redevelopment Agencies in the State, and Cupertino wants to protect the $1.8 million of resident taxpayer money to use for Cupertino. City Manager Dave Knapp explained how the RDA works and answered questions. Administrative Services Director Carol Atwood further explained the agreement with the Housing Trust, noting that staff is trying to keep the money within the Cupertino community. Finance Director David Woo also answered questions. Housing Trust of Santa Clara County representative Jessica Garcia Cole explained that the group has invested over $720,000 back into Cupertino, noting that funds have gone into the development of new affordable housing and to assist low and moderate income first time home buyers. Projects included: Vista Village; Senior Housing Solutions Project; first time homebuyers; and various homeless projects funded out of the Housing Trust's own unrestricted funding. Redevelopment Agency member Mahoney moved and Wang seconded to adopt RDA Resolution Nos. 11 -01 through 11 -03. The motion carried unanimously. Council member Mahoney moved and Wang seconded to adopt City Council Resolution Nos. 11 -023 through 11 -026 and increase the RDA Housing set -aside fund expenditure budget by $1,000,000. The motion carried unanimously. ADJOURNMENT At 12:42 a.m. on Wednesday, February 16, the City Council and Redevelopment Agency meetings were adjou ed. 6 / 0.11Q.. ' Graces Schmidt, Deputy City Clerk February 15, 2011 Cupertino City Council Page 11 Cupertino Redevelopment Agency 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.