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CC 10-18-2011 CUPERTINO MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, October 18, 2011 PLEDGE OF ALLEGIANCE At 6:45 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, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS 1. Subject: In memoriam: lives lost at Lehigh Cement Plant Sandra James spoke on behalf of the employees and families of the Lehigh Cement Plant and thanked all of the community and staff who did what they could to help. 2. Subject: Video presentation on Steve Jobs Recommended Action: Receive presentation The City Channel staff showed a video memorializing Steve Jobs. Michael Gottwald thanked Steve Jobs for all he did for Cupertino. He said he thought a monument should be put up in the City to memorialize him. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written items: • Item number 8: staff PowerPoint; desk item from staff showing Planning Commission Resolution No. 406 • Item number 9: email from Jennifer Griffin; letter from Charles Kahn; email .from Edward Chan; staff PowerPoint; desk item from staff showing minor corrections to the draft ordinance October 18, 2011 Cupertino City Council Page 2 ORAL COMMUNICATIONS Deb Kramer, representing Energy Upgrade California Program, invited everyone to a homeowners' workshop on Wed., Nov. 2 at 6:30 PM in the Cupertino Community Hall. She said that the program helps to reduce greenhouse gases and conserve energy. She noted that the program offers $4,000 in rebates and Santa Clara County has also offered additional funding to help homeowners with the testing. The workshop is being put on by PG &E and Erin Cooke from the City's Environmental Affairs department. Ann Smart, Director of Energy and the Silicon Valley Leadership Group invited everyone to the 7th Annual Applied Materials Silicon Valley Turkey Trot. She said the event includes a 5K run or walk and a 10K run, along with other special competitions. She noted that they expect 17,500 participants this year and hope to raise and donate more than $500,000 for the Second Harvest Food Bank, the Housing Trust, and the Children's Health Initiative. Kathleen King from the City of Saratoga also talked about the Silicon Valley Turkey Trot and invited Council to participate in the Mayor's Cup Challenge competition portion of the event. 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. 3. Subject: October 4 City Council minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending September 30, 2011 Recommended Action: Adopt Resolution No. 11 -177 5. Subject: Accounts Payable for period ending October 7, 2011 Recommended Action: Adopt Resolution No. 11 -178 6. Subject: Obsolete records destruction from City Clerk and Parks & Recreation (Senior Center) departments Recommended Action: Adopt Resolution No. 11 -179 7. Subject: Improvement Agreement, Four Point Holdings, LLC, a California limited liability company, 10218 & 10228 Orange Avenue, APN 357 -18 -031 Recommended Action: Adopt Resolution No. 11 -180 Description: Through the improvement agreement with the City, the applicant for a building permit for two single - family residential developments will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building sites ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None October 18, 2011 Cupertino City Council Page 3 PUBLIC HEARINGS 8. Subject: Home of Christ Assembly Use Expansion Proposal Recommended Action: Approve project and conduct the first reading of Ordinance No. 11- 2083: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.60 (Light Industrial (ML) zones) of the Cupertino Municipal Code, related to the Streamlining and codification of the ML -rc (West Valley Light Industrial) zoning regulations, and the repeal of Ordinance No. 360 "; and Ordinance No. 11 -2084: "An Ordinance of the Cupertino City Council rezoning a parcel of 1.612 acres and its fronting half - street of 0.189 acre located at 10340 Bubb Road, APN 357 -20- 019 "; and adopt Resolution No. 11 -181 Description: Applicant: Kevin Chiang (Home of Christ Church); Applications: EXC -2011- 01, GPA- 2011 -01, MCA - 2011 -01, U- 2011 -01, Z- 2011 -01; Location: 10340 & 10420 Bubb Road; APNs: 357 -20 -019, 357 -20 -038; Environmental Determination: Negative Declaration (EA- 2011 -02); Description: Parking Exception for shared parking between 10340 and 10420 Bubb Road; General Plan Land Use Map Amendment to change land use designation from "Quasi- Public /Institutional" to " Industrial /Residential /Commercial" for 10340 Bubb Road; Municipal Code Amendment to integrate and update the West Valley Industrial Park Zoning regulations into the ML Zoning District; Conditional Use permit to allow the existing Home of Christ assembly uses in two existing buildings at 10340 and 10420 Bubb Road; Re -Zone approximately 1.7 acres from BQ (Quasi - Public building) to ML -rc (West Valley Light Industrial) located at 10340 Bubb Road. Senior Planner Colin Jung reviewed the staff report. Applicant Kevin Chiang said that for the past two years, he worked with the City, professional consultants, church leaders, and residents to present the project before Council tonight. He encouraged Council to approve the project as a collaborative effort for the City and because the church provides a relevant, vital, and healthy resource for the community. Ash Pirayou, legal counsel on behalf of Home of Christ Church, asked Council to approve the application as recommended by the Planning Commission and City staff. He discussed the conditions and noted that Exhibit A of the conditional use permit offered a current, detailed plan of the church operations. He mentioned that nobody spoke in opposition of the project at the Planning Commission meeting. Jack Yuan, elder of Home of Christ Church and Cupertino resident, said that the church has both an English and Chinese congregation and offers many activities that serve the community. He noted that they have an agreement with the neighbors for parking spaces and that the church is a member of the Chamber o C Commerce. He asked Council to approve the proj ect. At 7:32 PM Mayor Wong opened the public hearing. Jennifer Griffin said that she attended most of the planning meetings for the project. She said that the City can only have four General Plan Amendments per year and wondered how the City normally handles requests for these amendments. October 18, 2011 Cupertino City Council Page 4 At 7:34 PM Mayor Wong closed the public hearing. Community Development Director Aarti Shrivastava said that if there are more than four requests in a year, they are bundled up as one amendment, but staff doesn't anticipate any more this year. Santoro moved and Chang seconded to adopt a Negative Declaration. The motion carried unanimously. Wang moved and Chang seconded to approve GPA- 2011 -01 and adopt Resolution No. 11- 181. The motion carried unanimously. The City Clerk read the title of Ordinance No. 11 -2083. Wang moved and Chang 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, Wang, and Wong. Noes: None. Absent: None. The motion regarding Ordinance No. 11 -2083 approved the following: a) Repeals certain conditions referenced in Ordinance No. 360: #13, #14, #15, and #19 found in Planning Commission Resolution No. 406 and Planning Commission Resolution No. 409 in its entirety; and b) Modifies Exhibit "C" by adding: 1) Ancillary general commercial uses as a permitted use; 2) Technical colleges & existing churches approved with a CUP as a conditional use 3) Daycare centers, schools, convalescent centers & other sensitive receptors as prohibited uses; c) Amends Chapter 19.60 (Light Industrial (ML) zones) of the Cupertino Municipal Code, related to the streamlining and codification of the ML -rc (West Valley Light Industrial) zoning regulations Wang moved and Chang seconded to approve Z- 2011 -01. The motion carried unanimously. The City Clerk read the title of Ordinance No. 11 -2084. Chang moved and Mahoney 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, Wang, and Wong. Noes: None. Absent: None. Santoro moved and Chang seconded to approve U- 2011 -01. The motion carried unanimously. Wang moved and Santoro seconded to approve EXC- 2011 -01 for shared parking. The motion carried unanimously. The Council recessed from 7:54 PM to 8:06 PM. October 18, 2011 Cupertino City Council Page 5 9. Subject: Municipal Code Amendments to reflect changes previously discussed to simplify the Development Permit Process Recommended Action: Conduct the first reading of Ordinance No. 11 -2085: "An Ordinance of the City Council of the City of Cupertino amending various Chapters including Title 19, and the addition of up to four Chapters to simplify the Development Permit Process and improve readability ", and Adopt Resolution No. 11 -182 Description: Municipal Code Amendments to various chapters including Title 19, and the addition of up to four chapters to simplify the development permit process and improve readability. Associate Planner Piu Ghosh reviewed the staff report. At 8:16 PM Mayor Wong opened the public hearing. Jennifer Griffin said that this development permit process was a waste of time and money and she doesn't want anything to be changed. She said she is worried that this is another way to get rid of the R1 zoning designation to eliminate story poles and reduce neighborhood noticing. She was concerned about the possible elimination of the Environmental Review Committee and the Planning Commission. At 8:18 PM Mayor Wong closed the public hearing. The City Clerk read the title of Ordinance No. 11 -2085. Mahoney moved and Chang 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, Wang, and Wong. Noes: None. Absent: None. Mahoney moved and Chang seconded to adopt Resolution No. 11 -182. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 10. Subject: Set date for City Attorney review Recommended Action: Schedule review on December 6 from 4 -6 PM Mahoney moved and Chang seconded to set the date as recommended. The motion carried unanimously. ORDINANCES 11. Subject: Amend Sections 2.08.080B, 2.08.090A and 2.08.09C and add Sections 2.08.090D and 2.08.090E of the Municipal Code Recommended Action: Conduct second reach of Ordinance No. 11 -2081: "An ordinance of the City Council of the City of Cupertino amending Chapter 2.08 of the Cupertino Municipal Code regarding City Council rules and conduct of meetings" October 18, 2011 Cupertino City Council Page 6 The City Clerk read the title of Ordinance No. 11 -2081. Jennifer Griffin said that she should have been able to speak before the second reading was done. She said she was concerned about the moving around of items on the agenda, and that the-first reading was done at the previous meeting with only three Council members present. Acting City Attorney Gary Baum responded that the Brown Act requires the public to be allowed to speak on every item before Council makes an action. Mahoney moved and Santoro 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. Mahoney moved and Santoro seconded to enact Ordinance No. 11 -2081. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. 12. Subject: Amend Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive Recommended Action: Conduct second reading of Ordinance No. 11 -2082: "An ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive" The City Clerk read the title of Ordinance No. 11 -2082. Mahoney moved and Chang 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. Mahoney moved and Chang seconded to enact Ordinance No. 11 -2082. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS City Manager Dave Knapp noted that Arbor Day this year will be celebrated in conjunction with the Audubon Society's Wildlife Education Day on October 12. A newly planted tree will be unveiled to mark the occasion. He noted that in the future, Cupertino's Earth Day celebrations will also include Arbor Day. He also mentioned that tonight was Gary Baum's last meeting as Acting City Attorney and thanked him for his service to the City. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. October 18, 2011 Cupertino City Council Page 7 ADJOURNMENT At 9:08 PM, the meeting was adjourned in memory of Lehigh Cement Plant workers Manuel Guadalupe Pinon, John Robert Vallejos, Mark Douglas Munoz, and Apple founder Steve Jobs. " Grace Schmidt, Deputy City 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.