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CC 08-21-2012 (Special) \rild 3,0/ CUPERTINO APPROVED :MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Special Meeting Tuesday, August 21, 2012 CITY COUNCIL MEETING ROLL CALL At 5:20 p.m. Mayor Mark Santoro called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Subject: Conference with legal counsel — anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiators: Carol Atwood and Amy Chan; Employee organizations: 0E3; CEA; City Attorney's Group; Unrepresented At 5:16 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Santoro announced that for item number one, a briefing was obtained and no action was taken, and for item number two, the City Council met with negotiators and the closed session would be continued after the meeting. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro called the special City Council meeting back to order and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. Tuesday, August 21, 2012 Cupertino City Council Successor to the Redevelopment Agency CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Presentation from El Camino Hospital regarding its work in the community Recommended Action: Receive presentation John Zoglin, Chairman of El Camino Hospital District and El Camino Hospital and Barbara Avery, Director Community Benefits gave a presentation describing the efforts they are making to provide services that improve the health of residents in the communities they serve. 4. Subject: Recognition and acknowledgment of Leadership 95014 sponsors and class of 2012 Recommended Action: Recognize Leadership 95014 sponsors and students Director of Parks and Recreation Mark Linder said that this is the second graduating class and explained how the program works. He acknowledged the major sponsors including the City of Cupertino and the Wilfred Jarvis Institute, and the daytime program sponsors including PG&E (Going Green Day) and Recology (Planning for the Future Day). He acknowledged the members of the Leadership 95014 Planning Committee and the 2012 graduates who were present. POSTPONEMENTS—None ORAL COMMUNICATIONS Ned Britt talked about a proposal to modify the traffic around Barbara Avenue and Faria School. He showed a picture of a car parked near the intersection of the street and explained that the proposal is to get rid of parking and make it a two-lane street. He said that the sidewalk has no buffer which would be dangerous for students and noted that his neighborhood is against the modification. He said that traffic jams up in that area due to a primary choke point developing congestion. He suggested adding a right turn only lane or to not allow traffic in that area. Interim City Manager Amy Chan said that staff would provide information to Council in the weekly notes. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 5. Subject: August 7 City Council minutes Recommended Action: Approve minutes 6. Subject: Accounts Payable for period ending July 27, 2012 Recommended Action: Adopt Resolution No. 12-090 7. Subject: Accounts Payable for period ending August 3, 2012 Recommended Action: Adopt Resolution No. 12-091 Tuesday, August 21, 2012 Cupertino City Council Successor to the Redevelopment Agency 8. Subject: Accounts Payable for period ending August 10, 2012 Recommended Action: Adopt Resolution No. 12-092 9. Subject: Passage of a resolution to authorize City's legal counsel to represent the City before the State Board of Equalization ("BOE") Recommended Action: Adopt Resolution No. 12-093 authorizing the City's legal counsel to represent the City before the BOE 10. Subject: Municipal Improvements, 10292 Orange Avenue Recommended Action: Accept Municipal Improvements Description: The work included driveway approach, sidewalk and curb & gutter improvements in the City right-of-way SECOND READING OF ORDINANCES 11. Subject: Second reading amending Cupertino Municipal Code Section 19.104 (Signs) Recommended Action: Conduct second reading and enact Ordinance No. 12-2098: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.104 (Signs) of the Cupertino Municipal Code regarding the placement of temporary political signs and related minor clarifications and language streamlining." Description: Application: MCA-2012-01; Applicant: City of Cupertino; Location: Citywide; Municipal Code Amendment to Chapter 19.104 (Sign Ordinance) regarding the placement of temporary political signs and related minor clarifications and language streamlining 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, Sinks and Wong. Noes: None. Mahoney moved and Sinks seconded to enact Ordinance No. 12-2098. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 12. Subject: Consideration of authorization to proceed with a General Plan Amendment Recommended Action: Authorize a General Plan Amendment Written communications for this item included a letter supporting authorization to proceed with a General Plan Amendment process from Mike Rohde Vallco Shopping Mall General Manager, John Vidovich De Anza Properties owner, and an amended letter from John Zirelli Cupertino Chamber of Commerce President; a letter from Ivor Samson SNR Denton partner on behalf of Sears Roebuck and Co. seeking continued information and opposing a development moratorium as part of the General Plan Amendment process in regards to the Sears property; a packet of information from Barry Watkins; a chart from staff noting allocation information; and a staff PowerPoint presentation. Tuesday, August 21, 2012 Cupertino City Council Successor to the Redevelopment Agency Director of Community Development Aarti Shrivastava reviewed the staff report via a PowerPoint presentation. Barry Watkins, managing member of Stevens Creek/Cupertino Target Center said he strongly supported a General Plan Amendment. He noted that land is expensive, construction costs are high, and interest rates are currently low but will probably go up in the future. He also suggested that Council consider using Kosmont, a Los Angeles area firm that works with government agencies, to analyze the scope of the area, assess the market and community vision and strategy, undertake the initial project planning, issue any tax exempt bonds that may be needed, and provide financial and cost analysis financing. Mr. Watkins said that he thought Kosmont could help bridge the gap for financial incentives to make the General Plan Amendment more productive. Ivor Samson, SNR Dentin representing Sears in Vallco Mall, said that he sent a letter to Council on August 20. Mr. Samson indicated that Sears does not know enough about the scope of the General Plan Amendment to take a positive or negative position at this time. He noted that his concern was regarding a moratorium or policy for delaying a project that would otherwise be permissible under the existing rules. He also said that he doesn't believe that moving developments in parallel will work because developers won't risk investing in a proposal in a General Plan that is in the process of being developed that will not be adopted until a later date. Mr. Samson said that he opposes any moratorium or policy that limits development during a process. Community Development Director Aarti Shrivastava clarified that there would not be a moratorium with the General Plan Amendment. City Attorney Carol Korade also explained that her understanding was that this meeting was only to provide direction to staff on whether to proceed or not and then there are months of research to bring back to Council before an amendment would be adopted. Barbara Perzigian, General Manager of Cupertino Inn, said she strongly supported moving forward with authorizing the General Plan Amendment. She noted that the hotel has a project it wants to get started. Ms. Perzigian also suggested that Council consider using Transient Occupancy Tax revenue to get things going. Jerry Leap Director of Sales at Cupertino Inn, said he strongly supported beginning the General Plan Amendment process. Edward Chan, KCR Development, said that they own a triangular parcel by the JC Penney parking lot and 280 freeway where the Farmer's Market was. Mr. Chan expressed concern regarding the deferral of building until the General Plan Amendment was done. He noted that they have plans for a hotel on this parcel and would like approval of the project without the adoption of the Vallco Master Plan and General Plan Amendment because the hotel economy may be different by the time the plans are completed. Kevin McClelland, Chamber of Commerce, said that the Chamber has met with most of the developers who currently are developing projects or have in the past and received feedback from them. He urged Council to approve initiating the process of the General Plan Tuesday, August 21, 2012 Cupertino City Council Successor to the Redevelopment Agency Amendment. He also noted that the Chamber would not support any conditions related to deferral of projects until the General Plan Amendment is approved or requiring payment of mitigation fees up front. Mr. McClelland said that once there is more information regarding the scope that there would be financial support from interested stakeholders to help with funding. Jennifer Griffin said that she wants Vallco to be successful and prefers that it remain a shopping center. She noted her concern about the scope of the General Plan Amendment taking years while the City is still trying to complete the Main Street project. She also questioned if the Vallco Redevelopment Agency (RDA) could be revived. Chang moved and Mahoney seconded, and the motion carried unanimously, to authorize the initiation of a General Plan Amendment process that will begin with staff returning back to the City Council in four to six weeks with the following: 1. Scope of work for the General Plan Amendment process including the timing of a Master Plan for the Vallco Shopping Center in conjunction with the General Plan Amendment process. 2. Proposal to fund the General Plan Amendment including the City share and payment of fair share by property owners (to include apportionment based on payments made in advance and those that are deferred). 3. Projects that do not require a General Plan Amendment or any deviations would not be deferred during the General Plan Amendment process, however, projects in the Vallco Shopping Center would have to update the approved Vallco Master Development plan and the South Vallco Master plan as related to their project. 4. Provide a list of the BQ (Quasi-Public Building) properties where the CG (General Commercial) zoning is proposed to be added. REPORTS BY COUNCIL AND STAFF Council member Sinks said that he would like to agendize for the next meeting to have staff bring back alternatives for addressing the geese issue at Memorial Park. Mahoney concurred but with no set date. Interim City Manager Amy Chan said that staff would provide information to Council in their weekly notes regarding the geese issue. Mayor Santoro said that he met with the superintendents and school board members from both Cupertino school districts to discuss collaborating on the issue of traffic around the schools. The groups agreed to hold a quarterly meeting with the members comprising of one member and alternate from each of the following: Fremont Union High School District Board; Cupertino Union School District Board; Cupertino City Council; and City staff. Mayor Santoro said that he would appoint a Council member once he hears interest from the other Council members. Council members highlighted the activities of their committees and various community events. At 9:47 went back into closed session. ADJOURNMENT Tuesday, August 21, 2012 Cupertino City Council Successor to the Redevelopment Agency At 11:50 p.m. the meeting was adjourned. 67/"(-6-.■°'5;Litlt Grace Schmidt, 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.