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101-Draft Minutes.pdf DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, March 5, 2013 CITY COUNCIL MEETING ROLL CALL At 4:35 p.m. Mayor Orrin Mahoney called the Special City Council meeting to order. Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. STUDY SESSION 1. Subject: Work Program Study Session Recommended Action: Review the 2012/2013 and 2013/2014 Work Programs City Manager David Brandt introduced the Work Programs which contained the status of projects from last year’s Work Plan and projects for this coming fiscal year: 1) Status of 2012/2013 City Council Work Program: Major Developments, Capital Improvements and Plans, Organizational Improvements, Public Safety, Housing, Economic Development / Redevelopment, Planning, Planning, Community Organizations, Go Green; and 2.) Proposed FY 2013-2014 City of Cupertino Work Plan: City Manager’s Office Communications, Economic Development, and Environmental Strategies; Community Development Department; Public Works Department; Parks and Recreation Department; Administrative Services Department. Mr. Brandt noted the one major change is the addition of new items that staff is proposing for the upcoming year, and also the deletion of completed items and ongoing projects. Council directed staff on the following items: provide information updates regarding the cell towers at the Miller Avenue church site and Results Way office park; pursue an increased lease term for the City’s water system at the Fiscal Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Strategic Plan level; continued coordination with the utility companies street cut program and the City pavement program; the inclusion of quarterly Capital Improvement Program (CIP) timelines in next year’s Work Program; explore intermediate-term bond strategies at the Fiscal Strategic Plan level; overall support to enhance the fiber-link connection at the Quinlan Community Center and confirm this expenditure is included in next year’s budget request; provide a map of all City- owned fiber conduit, and consider installing fiber conduit concurrent with City projects involving excavating the streets; incorporate evacuation plans for Homestead and Cupertino high schools into the Fremont Union High School District (FUHSD) Memorandum of Understanding (MOU); hold a study session regarding air and water quality, and inviting the regulatory agencies; get an update from the Cupertino Historical Society on a possible Historical Society Center at the Stocklmeir property, and update the Work Program accordingly; hold a workshop on the Parks and Recreation and Planning Work Program projects, and re-prioritize amongst the list to establish a quarterly timeline; continue progress in creating an interactive budget game on-line, similar to the City created “Balance or Bust” game; provide data from a previous geographical study surveying resident cell service, and update the data or perform a new survey to include more data; look into more user-friendly public Wi-Fi; examine investing in existing infrastructure to encourage and support commercial space for small businesses; continue exploring options and revisiting a potential plan regarding traffic mitigation in the school districts, with periodic updates from staff and the districts; prioritize and perform an immediate cost and work up for a parking structure and a solar plan around the Civic Center; continue the stated goal of the measurement and management of the geese population; follow-up on continued efforts to hold a Levering Ethnic Diversity (LED) workshop Jennifer Griffin spoke about the City’s future projects and supports keeping the Lawrence - Mitty Park and Stevens Creek Corridor Park items on the list. She said the Rancho Rinconada neighborhood has been waiting a long time for Parks, the Sterling Barnhart Park is much utilized; and the potential for Lawrence - Mitty Corridor Park would provide exercise opportunities for that eastern part of the neighborhood and would establish a connection corridor for students crossing Lawrence Expressway. Council recessed from 6:33 p.m. to 7:03 p.m. PLEDGE OF ALLEGIANCE Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency At 7:03 p.m. Mayor Orrin Mahoney reconvened the Special City Council meeting and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS – Postpone Item No. 13 to March 19 Wong moved and Sinks seconded to postpone item number 13 to March 19. The motion carried unanimously. ORAL COMMUNICATIONS Carol Repucci and Debi Chessen from Relay for Life thanked Council and the community for its support and noted that this would be the 7th year for the relay. Ms. Repucci said that to date the Relay for Life has raised over $500,000 to fight cancer. The relay will begin on Saturday, July 13 at Cupertino High School at 10:00 a.m. and go for 24 hours ending on Sunday, July 14 at 10:00 a.m. She explained that this year the group would like Council to endorse a Cupertino Cancer Awareness Week the week before the relay. The group will be speaking at various organizations beginning with the Cupertino Senior Center on July 8 at 10:00 a.m. People can sign up for the relay at www.relayforlife.org/cupertinoca. Mayor Mahoney said that the group could work with him and Public Affairs Director Rick Kitson for any City support that might be needed. Jennifer Griffin noted a couple of recent accidents in San Jose and Santa Cruz where people accidentally drove their car into a perculation pond and off the pier. She said that in the case of the perculation pond accident, it took 20 minutes before someone came to rescue the person and that the person didn’t make it. Ms. Griffin noted that she was concerned this could happen in Cupertino at the Bubb Rd. perculation pond in Monta Vista. She said she wanted to make sure the barrier was strong enough around the pond to avoid any accidents and that any emergency vehicles could arrive faster than 20 minutes. Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Tamon Norimoto with PG&E said that he gave an electric and gas safety class today to City staff. He noted that the goal was to work closely with the City to provide clean, safe, reliable and affordable energy to the community and to continue to foster cooperation with City staff. Michael gottwald invited Council to the Cupertino National Little League on Saturday at 1:00 and noted that he would be throwing out the first pitch. CONSENT CALENDAR Sinks moved and Wong seconded to approve the items on the Consent Calendar as recommended with the exception of item number 7 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 2. Subject: Approve the February 19 City Council minutes Recommended Action: Approve the minutes 3. Subject: Accept Accounts Payable for period ending February 1, 2013 Recommended Action: Adopt Resolution No. 13-018 accepting Accounts Payable for period ending February 1, 2013 4. Subject: Accept Accounts Payable for period ending February 8, 2013 Recommended Action: Adopt Resolution No. 13-019 accepting Accounts Payable for period ending February 8, 2013 5. Subject: Accept Accounts Payable for period ending February 15, 2013 Recommended Action: Adopt Resolution No. 13-020 accepting Accounts Payable for period ending February 15, 2013 6. Subject: Approve the destruction of records from the Parks and Recreation (Senior Center, Quinlan Community Center, and Administration) departments Recommended Action: Adopt Resolution No. 13-021 approving the destruction of records 7. Subject: Set the dates for the Teen Commission application deadlines and interviews Recommended Action: Staff recommends the following deadlines: 1.) Applications due in the City Clerk's office on Friday, May 10 by 4:30 p.m.; and 2.) Interviews held beginning at 3:30 PM on Tuesday, May 28 and Wednesday, May 29 (as needed) Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Sinks moved and Wong seconded to set the dates as recommended. The motion carried unanimously. 8. Subject: Confirm the appointment of Don Sun to the Environmental Review Committee Recommended Action: Confirm the appointment Description: On February 12, 2013, the Planning Commission made its annual recommendations for the selection of a member to the Environmental Review Committee (ERC). In accordance with City of Cupertino Municipal Code, the City Council shall review and affirm the selection. The recommendation is Don Sun 9. Subject: Accept City Project, 2012 Pavement Maintenance Project, Project No. 2012- 01 Recommended Action: Accept Project No. 2012-01 SECOND READING OF ORDINANCES 10. Subject: Adopt the Addendum to the previously certified Final Program Environmental Impact Report (EIR) and Findings of Fact regarding Single-Use Carryout Bags. Conduct second readings of a Single-Use Carryout Bag Ordinance and a Litter Enforcement Ordinance (continued from February 5) Recommended Action: A. Adopt Resolution No. 13-011 certifying the Addendum to the Final Program Environmental Impact Report (EIR) and adopting associated California Environmental Quality Act (CEQA) Findings of Fact pursuant to the EIR Addendum for the City of Cupertino’s Ordinance Regulating Single-Use Carryout Bags; B. Conduct the second reading of Ordinance No. 13-2102: "An Ordinance of the City Council of the City of Cupertino adding Chapter 9.17 to the Cupertino Municipal Code regarding regulation of single-use carryout bags"; C. Conduct the second reading of Ordinance No. 13-2103: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 (Stormwater Pollution Prevention And Watershed Protection) of the Cupertino Municipal Code to address litter management and anti-litter enforcement in conjunction with the City’s Stormwater Permit" Written communications for this item included a staff report, Addendum to the Program Environmental Impact Report, an administrative correction to the Addendum to Council of San Mateo reusable bag ordinance final program EIR, the Program EIR and an amended version of single-use carryout bag ordinance. Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Director of Public Works Timm Borden reviewed the staff report and read the eight points concerning the Addendum into the record. A handout was provided to the Council containing the eight points. Jennifer Griffin said that Cupertino needs to do what it needs to do but that it was important to give out free shopping bags to seniors, handicapped, and low income individuals and also look at the politics of this issue. Wong moved and Sinks seconded to adopt Resolution No. 13-011 011 certifying the Addendum to the Final Program Environmental Impact Report (EIR), approving the Program EIR and adopting associated California Environmental Quality Act (CEQA) Findings of Fact pursuant to the EIR Addendum for the City of Cupertino’s Ordinance Regulating Single-Use Carryout Bags as amended to include the following additional finding as read into the record by outside counsel Gary Baum: “The City council finds that the environmental impact report and addendum as amended adequately covers the adoption of the plastic bag ordinance as amended.” The motion carried unanimously. City Clerk Grace Schmidt read the title of Ordinance No. 13-2102. Sinks 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. Sinks moved and Wong seconded to enact Ordinance No. 13-2102 as amended to adopt a 10 cent fee in October 1, 2013 followed by an increase to 25 cents effective January 1, 2015. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. City Clerk Grace Schmidt read the title of Ordinance No. 13-2103. Chang moved and Wong 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. Chang moved and Wong seconded to enact Ordinance No. 13-2102. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. 11. Subject: Second reading of an ordinance providing an exception to allow off-leash professional dog services for City-authorized waterfowl management at City Parks Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Recommended Action: Conduct the second reading and enact Ordinance No. 13- 2105: "An ordinance of the City Council of the City of Cupertino amending sections 8.03.010 and 13.04.130(d) of the Cupertino Municipal Code to allow for waterfowl management by adding an off leash dog exception for City-authorized events and programs" Dick Weaver said that the solution to drive geese from the parks won’t solve the issue, is socially irresponsible, and will simply move the public health hazard issue someplace else in the City such as to the local college, businesses, and neighbors’ property. He urged Council to get together with the cities of Sunnyvale and Mountain View and get a federal permit to reduce the geese population. City Clerk Grace Schmidt read the title of Ordinance No. 13-2105. Sinks 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, and Sinks. Noes: Wong. Sinks moved and Chang seconded to enact Ordinance No. 13-2105. Ayes: Chang, Mahoney, Santoro, and Sinks. Noes: Wong. 12. Subject: Second reading and enactment of an ordinance moving the date of the City's general municipal election to consolidate it with the statewide general election commencing in November 2014 Recommended Action: Conduct the second reading of Ordinance No. 13-2106: "An Ordinance of the City Council of the City of Cupertino moving the date of its general municipal election to the first Tuesday after the first Monday in November of even numbered years beginning in November 2014" Jennifer Griffin said that this item has come to Council a number of times in the past and she questioned why it has come up again now. She noted that there were pros and cons, the pro being having a consistent Council for hot ticket items coming in the future, the con being not having an election for a year. She explained that Council members were elected for a certain length of time and she has an issue with Council members extending their own terms. She noted that she hadn’t heard if the school district decided to change its election date or not and asked Council to carefully think about what message this change would send to the public. Mayor Mahoney commented that the school district has done the first reading to change its election date. Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency City Clerk Grace Schmidt read the title of Ordinance No. 13-2106. Wong moved and Sinks seconded to read the ordinance by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Mahoney, Santoro, Sinks, and Wong. Noes: Chang. Wong moved and Sinks seconded to enact Ordinance No. 13-2106. Ayes: Mahoney, Santoro, Sinks, and Wong. Noes: Chang. PUBLIC HEARINGS 13. Subject: Municipal Code Amendment to Chapter 14.18, Protected Trees (continue to March 19) Recommended Action: Continue to March 19 Description: Application No.(s): MCA-2012-02; Applicant: City of Cupertino; Location: citywide; Municipal Code Amendment to Chapter 14.18, Protected Trees and review for future potential amendments Under postponements, this item was continued to March 19. Council recessed from 8:10 to 8:19. ORDINANCES AND ACTION ITEMS 14. Subject: Update on the General Plan Amendment process, Council authorization for a budget amendment to add $150,507 to the budget for the General Plan Amendment process, and approval of contracts with MIG as the planning consultant and The Planning Center/DC&E as the environmental consultant (continued from February 19) Recommended Action: Staff recommends that the City Council approve the following: 1.) Scopes of work for the General Plan Amendment (GPA), Vallco Shopping District Specific Plan and associated Environmental Impact Reports (EIR); and 2.) Budget amendment for an additional amount of $150,507 to fund costs of the General Plan Amendment process not currently budgeted, for a total budget amount of $1,036,545; and 3.) Authorize the City Manager to approve the attached contract with MIG as the planning consultant for the General Plan Amendment in the amount not to exceed $476,096. The scope for this contract would be the GPA with an option for the City to authorize the Vallco Shopping District Specific Plan at a Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency later date. If the City decides to proceed with the Vallco plan in the future, staff would return to Council with a contract amendment to add the necessary funds for the Vallco Plan; and 4.) Authorize the City Manager to approve the attached contract with The Planning Center/DC&E to prepare the Environmental Impact Report (EIR) for the General Plan Amendment in the amount not to exceed $393,490. This contract would also include the option for the City to authorize an EIR for the Vallco Specific Plan at a later date; and 5.) Authorize the City Manager to approve Contract Change Orders (CCO) for contracts for Items 3 and 4 above to the extent that total expenditures do not exceed the total amount of the project budget Written communications for this item included a staff PowerPoint presentation. Director of Community Development Aarti Shrivastava and Senior Planner Aki Honda Snelling reviewed the staff report via a PowerPoint presentation. Staff noted that they would provide Council with information about The Planning Center/DC&E before hiring them. Richard Abdalah said that the Cupertino Chamber of Commerce supports the plan to proceed with the GPA. Jennifer Griffin said that this would be an important year and a half and the public isn’t used to going through General Plan Amendments since the City can only have four in a year. She said she hopes that the PG&E and church sites won’t have housing overlays because Cupertino needs retail. She asked Council to make sure not to increase the traffic load in the City and to respect the Heart of the City when making its decision. Tamon Norimoto representing PG&E said that the site on N. Blaney Ave. has been included in the GPA for potential commercial use. He noted that PG&E is not looking to sell the yard on N. Blaney Ave. and won’t be participating in the fair share allocation. He said they look forward to continued partnership with the City. Jerry Leap representing Cupertino Inn and Mr. John Vidovich said that they support the GPA as recommended in staff report and urged Council to move forward with the process. Wong moved and Sinks seconded, accepting friendly amendments by Wong and Sinks, to approve Scopes of work for the General Plan Amendment (GPA), Vallco Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Shopping District Specific Plan and associated Environmental Impact Reports (EIR) as recommended with an amendment to: 1. Exclude the church site on Homestead and Stelling Roads as an opportunity site; and 2. Include the PG&E site at Blaney Avenue and Homestead Road as an opportunity site - review adding CG (General Commercial) zoning and/or School (BA – Public Facility) uses to the BQ (Quasi- Public Building) zoning. The motion carried unanimously. Wong moved and Sinks seconded to authorize a Budget amendment for an additional amount of $150,507 to fund costs of the General Plan Amendment process not currently budgeted, for a total budget amount of $1,036,545. The motion carried unanimously. Wong moved and Sinks seconded to authorize the City Manager to approve a contract with MIG as the planning consultant for the General Plan Amendment in the amount not to exceed $476,096. The scope for this contract would be the GPA with an option for the City to authorize the Vallco Shopping District Specific Plan at a later date. If the City decides to proceed with the Vallco plan in the future, staff would return to Council with a contract amendment to add the necessary funds for the Vallco Plan. The motion carried unanimously. Wong moved and Sinks seconded to authorize the City Manager to approve a contract with The Planning Center/DC&E to prepare the Environmental Impact Report (EIR) for the General Plan Amendment in the amount not to exceed $393,490. This contract would also include the option for the City to authorize an EIR for the Vallco Specific Plan at a later date. The motion carried unanimously. Wong moved and Sinks seconded to authorize the City Manager to approve Contract Change Orders (CCO) for contracts for Items 3 and 4 above to the extent that total expenditures do not exceed the total amount of the project budget. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Written communications for this item included a letter from the Mayor of Copertino, Italy. Council members highlighted the activities of their committees and various community events. Tuesday, March 5, 2013 Cupertino City Council Successor to the Redevelopment Agency ADJOURNMENT At 10:35 p.m., the meeting was adjourned in memory of Marilyn Howard’s husband Sandy Howard. Marilyn is a Director of the League of Women Voters and a Crest Award winner. ____________________________ 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.