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CC 08-16-2011 (i 1p CUPERTINO MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, August 16, 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: Proclamation recognizing Jennifer Wang and Samantha Wang for starting and running Copper's Dream Animal Rescue Recommended Action: Present proclamation Mayor Wong presented the proclamations to Samantha Wang. 2. Subject: Proclamation recognizing Relay for Life of Cupertino Recommended Action: Present proclamation Relay Chair Suzy Andrade explained that over 500 team participants raised $122,000 and that money is still coming in through August 31. She thanked everyone for their support of the relay. Mayor Wong presented the proclamation to Ms. Andrade. 3. Subject: Presentation from the Technology, Information, and Communication Commission (TICC) Recommended Action: Receive presentation TICC Commission Chair Peter Friedland gave a PowerPoint presentation. He summarized the Commission's major accomplishments for the year, including improvements in cellular communications; "green" improvements for street lighting and irrigation controls; initiating review of City telecommunications expenses; and free installation of the Cupertino node on the Santa Clara Emergency Wireless Network (SCEWN). He explained that SCEWN is an IP data network relay system that allows emergency responders to communicate with each other in case of a disaster. He also highlighted potential new Commission activities, such as evolving social media to connect Cupertino residents; education on current wireless options; second phase of the Cupertino green initiative; and developing a technology speaker series. August 16, 2011 Cupertino City Council Page 2 4. Subject: Presentation from the Bicycle Pedestrian Commission Recommended Action: Receive presentation Bicycle Pedestrian Commission Chair William Chan gave a PowerPoint presentation. He highlighted the Bicycle Transportation Plan that was adopted by Council on May 1; noted that the Commission applied for Bicycle Friendly Community status in February and that it was awarded in May; talked about the annual energizer station for Bike to Work Day in front of Quinlan Community Center and that 201 cyclists rode by with 79 stopping; noted that the count done on May 24th for the Mary Avenue Bridge was a total of 664 trips with 285 being bicyclists and 379 being pedestrians; and explained that the Commission keeps a "hotlist" of ongoing issues faced by pedestrians and bicyclists that are reviewed and updated each week. He said that the Commission is looking forward to enhancing education and encouraging more biking and walking through the Bicycle Friendly Community process; they are looking into starting an annual bike event in the City; and they are working to coordinate with other commissions to further help the community. POSTPONEMENTS Deputy City Clerk Grace Schmidt said that staff recommended tabling item No. 24 regarding the Alternative Voluntary Redevelopment Program. Acting City Attorney Gary Baum explained that there is some uncertainty about the redevelopment agency and what will happen in the courts, and recommended that the Council delay any decision about the opt -in ordinance. He noted a different version of the ordinance may come back in September for a new first reading if the legal analysis has changed. Mahoney moved and Chang seconded to table item number 24. The motion carried unanimously. WRITTEN COMMUNICATIONS The following written materials were distributed at the meeting: • Emails to Council and Planning staff from Jennifer Griffin for item number 25, R -1 zones, commenting on neighbor noticing, story poles, zoning issues in Rancho Rinconada, design review, and mailing plan sets • Email to Council from Larry Mattheakis for item number 25, R -1 zones, regarding a possible conflict of interest for Council member Barry Chang on this item • Email to Council from Keith Murphy for item number 25, R -1 zones, regarding Council's earlier action to eliminate wall plane height and second story surcharge • Amended ordinance for item number 25, R -1 zones • An amended Redevelopment Agency resolution and redline version for item number 26 on the Redevelopment Agency portion of the agenda August 16, 2011 Cupertino City Council Page 3 ORAL COMMUNICATIONS Dennis Whittaker offered some suggestions for the employees that would be housed in the new Apple building under consideration, including restricting parking to 5000 parking spaces; increasing the number of buses to get people in and out of the building quicker; encouraging Apple to stagger work hours; and forming a committee to look into light rail. Anne Ng spoke on behalf of the Friends of Stevens Creek Trail and thanked Council for the enhanced corridor and trail access from Scenic Circle, the Stocklmeir project, and the feasibility study to link our trails to Mountain View. She distributed the Friends' annual newsletter, "The Trailblazer." She noted that the Friends will hold its annual fundraiser on Sunday, September 25 at 8:30 a.m. with a Trailblazer Race including a 5k and 10K run and a 3K walk for hikers. She said they are looking for participants and volunteers and that everyone will receive a t -shirt. Visit www.stevenscreektrail.com for more information. Jennifer Griffin said that the development permit process item will be coming to Council soon and she encouraged residents and staff to be sure the public is aware of what the process involves and what the stakes are. She encouraged Council to take its time on this issue since it is a 3 -year process. CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5,6, and 13 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 7. Subject: Accounts Payable for period ending July 28, 2011 Recommended Action: Adopt Resolution No. 11 -133 8. Subject: Accounts Payable for period ending August 5, 2011 Recommended Action: Adopt Resolution No. 11 -134 9. Subject: Payroll for period ending August 5, 2011 Recommended Action: Adopt Resolution No. 11 - 135 10. Subject: Amend the Examination and Eligibility List sections of the Administrative Rules and Regulations of the Personnel Code Recommended Action: Adopt Resolution No. 11 -136 11. Subject: Extending City of Cupertino's participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) Recommended Action: Adopt Resolution No. 11 -137 August 16, 2011 Cupertino City Council Page 4 12. Subject: Accept the $31,500 Community Energy Champions Grant and the $30,340 Obesity Prevention Policy Development and Implementation Grant. Recommended Action: Accept both grants Description: Environmental Affairs Division was awarded a $31,500 grant through the Silicon Valley Energy Watch's Community Energy Champions Grant Program and a $30,340 through the Santa Clara County Public Health Department's Obesity Prevention Program. There is no match requirement. 14. Subject: Alcoholic Beverage License, Pho Licious, 21271 Stevens Creek Boulevard, Suite 410 (Oaks Shopping Center) Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place 15. Subject: Improvement Agreement, Qingxiang Li and Lixin Chen, 10170 Amelia Court, APN 326 -17 -013 Recommended Action: Adopt Resolution No. 11 -139 Description: Through the improvement agreement with the City, the applicants for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site 16. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Lora Rabbitt, 10656 Larry Way, APN 316 -02 -033 Recommended Action: Adopt Resolution No. 11 -140 Description: The property owner of this residential 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, Subir K. Sengupta and Elena Herrera, 21150 Grenola Drive, APN 326 -28 -059 Recommended Action: Adopt Resolution No. 11 -141 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: Quitclaim Deed and Authorization for Underground Water Rights, Weigang Zhang and Songyan Wu, 854 Lily Avenue, APN 359 -03 -039 Recommended Action: Adopt Resolution No. 11 -142 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 19. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Lili Zhu and Louis Tseng, 18900 Stevens Creek Boulevard, APN 375 -11 -073 Recommended Action: Adopt Resolution No. 11 -143 Description: The property owners of this commercial development agree to grant to the City the right to extract water from the basin under the overlying property August 16, 2011 Cupertino City Council Page 5 20. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Qingxiang Li and Lixin Chen, 10170 Amelia Court, APN 326 -17 -013 Recommended Action: Adopt Resolution No. [ 1 -144 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 21. Subject: Stormwater Management Facilities Operation and Maintenance Agreement, Byer Properties, L.P., 20730 Stevens Creek Boulevard, APN 359 -08 -020 Recommended Action: Adopt Resolution No. 11-145 Description: The property owner of this commercial development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan 22. Subject: Stormwater Management Facility Easement Agreement, Byer Properties, L.P., 20730 Stevens Creek Blvd., APN 359 -08 -020 Recommended Action: Adopt Resolution No. 11 -146 Description: The property owner of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Subject: August 2 City Council minutes - Regular meeting Recommended Action: Approve minutes 6. Subject: August 2 City Council minutes - Special meeting Recommended Action: Approve minutes Deputy City Clerk Grace Schmidt noted that the agenda had mistakenly identified the minutes as August 16, but the draft minutes to approve were for the August 2nd Regular and Special Council meetings. Chang moved and Wang seconded to approve the August 2 Regular and Special meeting minutes. The motion carried unanimously. 13. Subject: Consider establishing a sister city relationship with Bhubaneswar, India, and endorse the creation of a Bhubaneswar Sister City Committee. Recommended Action: Adopt Resolution No. 11 -138 Description: The policy and guidelines on sister cities provides criteria for establishing sister city relationships with foreign cities where there are a large number of citizens and organizations engaging in exchanges of people, ideas and culture. The attached resolution establishes a sister city relationship with Bhubaneswar, India, and authorizes the city to support the activities of a sister city committee. August 16, 2011 Cupertino City Council Page 6 Mahesh Pakala, and Mahesh Nihalani, co- presidents of the newly formed Bhubaneswar Sister City Initiative, gave a PowerPoint presentation on the history and cultural heritage of Bhubaneswar. The following individuals offered their support for the sister city relationship. Rishi Chopra Dr. Bidisha Mohanty Ralph Otte Sunita Dash Vicky Tsai Ram Gopal, Cupertino Chamber of Commerce Board member Vivek Tumonalapall Anjali Kausa, Cupertino Union School District Board member Koushik Upadhyayula Ben Liao, Cupertino Union School District Board member Homer Tong Fremont Union High School Board member Payal S. Panda Siddharth Mohaparsa Mahesh Nihalani invited everyone to a cricket tournament at Dilworth Elementary School and noted that Bollywood celebrities would also be in attendance Chang moved and Mahoney seconded to adopt Resolution No. 11 -138 with the condition that the sister city finishes meeting all of the requirements. The motion carried unanimously. PUBLIC HEARINGS - None UNFINISHED BUSINESS 23. Subject: Reconsider accepting a Department of Energy grant for two Coulomb Technologies, Inc. electric vehicle charging stations. Recommended Action: Reconsider accepting a Department of Energy grant for a Coulomb Technologies, Inc. electric vehicle charging station, and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company for installation of an electric vehicle charging station in the Civic Center Parking Lot. Description: Per Council direction provided at the June 21st, 2011 Fiscal Year 2011 -12 budget hearing Public and Environmental Affairs Director Rick Kitson reviewed the staff report. Mahoney moved and Wong seconded for discussion to approve the charging station with the condition that only one of the two stations would be reserved for electric vehicles. After additional discussion Mahoney withdrew his motion. August 16, 2011 Cupertino City Council Page 7 Santoro moved and Mahoney seconded to approve the charging station in the parking lot but not until the funding was available, and neither spot would be reserved, with the option of staff coming back to Council if usage warranted a dedicated spot. Mahoney offered a friendly amendment to spend up to $5,000 to move the stations to a different spot in the parking lot if it would significantly improve the site for open parking spaces. After further discussion Santoro withdrew his motion. Santoro moved and Chang seconded to approve two charging stations on Rodrigues Avenue after the grant funding is secured; establish one reserved space for electric vehicles; direct staff to track and evaluate charging station usage to determine demand and need for additional reserved space, and identify a funding source to implement the full $30,000 scope of the project. The motion carried with Mahoney voting no. NEW BUSINESS - None Council recessed from 9:35 p.m. to 9:42 p.m. ORDINANCES 24. Subject: Ordinance to "Opt in" to an Alternative Voluntary Redevelopment Program under ABxI 27, the Voluntary Program Act Recommended Action: Conduct second reading and enact Ordinance No. 11 -2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the alternative voluntary Redevelopment program pursuant to part 1.9 of the California Community Redevelopment Law" Under "Postponements" this item was tabled. 25. Subject: Municipal Code Amendment to Chapter 19.28, Single - Family Residential (R -1) Zones Recommended Action: Conduct second reading and enact Ordinance No. 11 -2079: "An Ordinance of the City Council of the City o f Cupertino amending Chapter 19.28, Single - Family Residential Zones, to improve readability and consistency, the two -story design review process, public noticing requirements, story pole requirements, and standards for Sloped Single- Family Residential Lots" Description: Applications: MCA - 2011 -03, EA- 2011 -05; Description: Amendment to Chapter 19.28, Single Family Residential Zones, to improve readability and consistency and to evaluate the requirements for Sloped Single Family Residential Lots, the 2 -story design review process, public noticing and story poles; Applicant: City of Cupertino; Location: Citywide Written communication for the item included: emails to Council and Planning staff from Jennifer Griffin commenting on neighbor noticing, story poles, zoning issues in Rancho Rinconada, design review, and mailing plan sets; an email to Council from Larry Mattheakis August 16, 2011 Cupertino City Council Page 8 regarding a possible conflict of interest for Council member Barry Chang on this item; an email to Council from Keith Murphy regarding Council's earlier action to eliminate wall plane height and second story surcharge; and an amended ordinance from staff. Deputy City Clerk Grace Schmidt read the title of the ordinance. Community Development Director Aarti Shrivastava reviewed the staff report and noted some typographical errors in the ordinance that staff would fix. Jennifer Griffin said she was told that the City Attorney would address a letter asking if it was legal to discuss wall plane height and second story surcharge. She noted that these items weren't included in the original notice, the Planning Commission didn't discuss it, and it was not discussed at the neighborhood meetings. She said that she is not happy with any of the changes because they are confusing and don't help her neighborhood. She said that it is not a good idea not to have design review on homes. She urged Council to retain the 300 -foot noticing. Lisa Warren said that she thinks the noticing process is flawed and that her neighborhood doesn't want the changes Council is proposing. Frank Sun said that this is a long process and that both the Planning Commission and Council did a good job in their decision - making and he supports the changes. He answered questions from Council. Chi -I Lang said that he was at the August 2 meeting and supports the decision that Council made at that meeting. Eva Wong said that she supports the recommendations on the ordinance and that this is in the best interest of the City in order to save a lot of time and money. Acting City Attorney Gary Baum answered Jennifer Griffin's question from earlier. He explained that the item was noticed properly, the plane height and second story surcharge was noted in the staff report, and everyone was offered the opportunity to speak on the issue. He said the notice was adequate to cover everything that the Council discussed and ultimately decided. He also spoke to the possible conflict of interest for Council members who are in the real estate business and noted that a public general exception applies because the action affects the entire community so all Council members could participate in the decision. He also said that since there were no substantive changes to the ordinance, the second reading could be voted on tonight. 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 -2079. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. August 16, 2011 Cupertino City Council Page 9 STAFF REPORTS - None COUNCIL REPORTS - None ADJOURNMENT At 10:18 p.m., the meeting was adjourned. € c 6 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.