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CC 02-05-2013 5-c.193, CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 5, 2013 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the Regular City Council meeting to order 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 Sink. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation Celebrating the 941:h Anniversary of Quota International Recommended Action: Present Proclamation Mayor Mahoney presented the proclamation to Catherine Chen, Rachelle Sander, and Mary-Ann Wallace. 2. Subject: Presentation regarding 2012 Community Survey Recommended Action: Review 2012 Community Survey Public Affairs Director Rick Kitson explained that the community survey has been conducted by Bryan Godbe since 1998. Mr. Godbe reviewed the survey and highlighted the methodology; satisfaction with quality of life; reason for living in Cupertino; issues facing Cupertino; sense of community; satisfaction with overall City services; support for improvements at Cupertino Sports Center; daily commuting choices; cell phone antenna installation; traditional land-line phone in household; persons in household who have a cell phone; persons in household who Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency have a smart phone; satisfaction with shopping environment; support for downtown; crime; and attitude towards ethnic minorities. Council agreed that Question 22 on page 28 regarding the Crossroads District in Cupertino is no longer applicable and will be removed from future surveys; and staff will look into identifying dialects on Question C on page 34. POSTPONEMENTS City Manager David Brandt noted that staff recommended postponing the bag ordinance for two meetings so that staff could address a potential legal matter. Wong moved and Sinks seconded to postpone item number 14 to March 5. The motion carried unanimously. ORAL COMMUNICATIONS Cathy Helgersen said that Lehigh Southwest Cement and Quarry received a Notice of Violation from the San Francisco Bay Regional Water Quality Control Board. She read from a handout that she distributed and noted that Lehigh has had to pay fines. She said she was concerned about pollution in the human and animal communities and was trying to put together a statue of limitation on this violation. She asked the City Council to take action. Michelle Bazargun said that Lehigh is polluting the air and she was concerned about those effects on the environment. She added that Lehigh has received notices from the Environmental Protection Agency for violations and her family is suffering from many health issues being so near to the plant. She asked the Council to close the factory. Paul Kalra said he appeared before Council at the last meeting about the house he is building in Cupertino, and has since met with the City Manager and Director of Public Works but didn't receive any answers. He requested Council to give him his answers in writing or hear his appeal in a public meeting. Staff noted that Council will receive an update at the next meeting. Jennifer Griffin said that banning plastic bags won't solve all the problems and will cause more problems down the road. She asked Council to have the Cupertino businesses account for their paper bag sales and to run an audit trail. She added that it's important to have free bags for handicapped, low income, and senior citizens. She said Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency is concerned about the politics of the bag ban since the State voted down the bag ban two years ago. CONSENT CALENDAR Sinks moved and Wong seconded to approve the items on the Consent Calendar as recommended with the exception of item numbers 8 and 10 which were pulled for discussion, and accepting amendments to item numbers 3, 6, 7, and 9. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Council member Sinks recused himself for item number 8. 3. Subject: January 15 City Council minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending January 11, 2013 Recommended Action: Adopt Resolution No. 13-008 5. Subject: Accounts Payable for period ending January 18, 2013 Recommended Action: Adopt Resolution No. 13-009 6. Subject: Treasurer's Investment and Budget Report for Quarter Ending December 2012 Recommended Action: Accept the report 7. Subject: Amendment to Memorandum of Understanding regarding operation of the Automated Fingerprint Identification System (AFIS), which provides access to the California Identification System (CAL-ID) Recommended Action: Amend the Memorandum of Understanding for CAL-ID 8. Subject: Extend current agreement for consultation services with BAZ Industries, successor in interest to ACI Holdings, Inc. Recommended Action: Amend term of current agreement Council member Sinks recused himself from voting on this item. Director of Administrative Services Carol Atwood reviewed the staff report. Darrel Lum said he was concerned with the extension of the agreement. He compared the Apple sales agreement with the expansions of Stanford Hospital in • Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency Palo Alto and Facebook in Menlo Park, and said the sales-use tax generated by the construction of the new Apple campus, Results Way renovation, and Apple cafeteria will decrease the revenue to the City regarding its sales tax. He read from a handout that he distributed with a definition of "new local sales tax" and said he was concerned because we don't know what the use tax will be for Apple. He asked if there was a difference between the Apple sales tax agreement and the Insight sales tax agreement and requested Council do a fiscal impact study to determine the impact of the Apple campus construction on the City. He said that the extension is too long and should be in parallel to the development agreement. Robert McKibbin recommended reducing the extension from one year to three months in order to discuss definitions further with staff. Wong moved and Santoro seconded to extend the agreement for consultation services with BAZ Industries, successor in interest to ACI Holdings, Inc. The motion carried with Sinks absent. 9. Subject: Amend the Public Agency Retirement System (PARS) 457 FICA Alternative Retirement Plan for Part-time, Seasonal and Temporary Employees Recommended Action: Adopt Resolution No. 13-010 10. Subject: 2012 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2012-07 Recommended Action: Authorize the Director of Public Works to award a contract to Breneman, Inc., in the amount of $199,858.00, and approve a construction contingency of$19,000, for a total of$218,858.00 Director of Public Works Timm Borden reviewed the staff report. Cathy Helgersen said she was against the waiver ordinance regarding the semi-rural community and asked for increased funding for curbs, gutters, and sidewalks. She said more construction work would create jobs and cause companies to bring their prices down. She added that kids walk in the street and in the dirt, and the mud looks ugly. She suggested applying for grants to pay for new sidewalks, having homeowners pay half and City pay the rest, and/or using money in reserves to pay for sidewalks and streetlights. Michelle Bazargun expressed her concern about the lack of sidewalks and the lack of safety while walking on the streets. She said curbs are becoming a big issue because of the dirt and said she fell three times due to the lack of sidewalks in certain areas Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency on her street. She added that five houses were rebuilt and none of them put in a sidewalk or curb, so there needs to be better laws and regulations in Cupertino. Director Borden said staff would follow up with the particular street Ms. Bazargun said she lives on and would let Council know. Wong moved and Sinks seconded to approve item. The motion carried unanimously. 11. Subject: Alcoholic Beverage License Application, Szechuan House, Inc, 20956 Homestead Road, Suite Al Recommended Action: Approve Alcoholic Beverage License for Szechuan House, Inc 12. Subject: Alcoholic Beverage License, Freebirds World Burrito, 20688 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License, Freebirds World Burrito 13. Subject: Alcoholic Beverage License, Kong Tofu & BBQ, 19626 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License, Kong Tofu &BBQ SECOND READING OF ORDINANCES 14. 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 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 (C EQA) 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 Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency management and anti-litter enforcement in conjunction with the City's Stormwater Permit" Under postponements, this item was continued to March 5. Wong moved and Sinks seconded to move the Ordinances and Action Items before the Public Hearing Items. Mayor Mahoney reordered the agenda to take up item number 16 next. ORDINANCES AND ACTION ITEMS 16. Subject: Consideration of an ordinance providing an exception to allow off-leash professional dog services for City-authorized waterfowl management at City Parks Recommended Action: Conduct the first reading of 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" Director of Public Works Timm Borden reviewed the staff report. Cathy Helgersen said that allowing dogs to run in the park without leashes would cause issues with on-leash dogs in the park and she asked if the City had insurance if something went wrong. She suggested taking the birds and moving them far away if the dogs didn't work. City Clerk Grace Schmidt read the title of the ordinance. Chang moved and Sinks 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, and Sinks. Noes: Wong. Council recessed from 8:25 p.m. to 8:35 p.m. PUBLIC HEARINGS 15. Subject: A. Approve Mitigated Negative Declaration, General Plan Amendment, and Rezoning of a City-owned lot (actions to further dog park development); B. Increase funding to the Mary Avenue Dog Park construction project budget for a Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency total not to exceed $450,000, authorization to award project contracts and authorization to approve Contract Change Orders (CCO) to the extent that total expenditures do not exceed the amount of the project budget Recommended Action: A. 1) Approve a Mitigated Negative '.Declaration & its Mitigation Monitoring Program (EA-2012-07) A. 2) Adopt Resolution No. 13-012 approving GPA-2012-01 A. 3) Conduct the first reading of Ordinance No. 13-2104: "An Ordinance of the City Council of the City of Cupertino rezoning a 0.51 acre vacant parcel and the 0.32 acre abutting half street from P(R1C) to PR for property located at the corner of Villa Real and Mary Avenue" (Z-2012-02) B. 1) Add $100,000 to the project budget for a total amount not to exceed $450,000, to cover potential additional costs for the remediation of soil (for soil removal and replacement), in the case that the volume of soil to remediate increases beyond that anticipated, which will only be discovered during the remediation work B. 2) Authorize City Manager to award contracts for the Mary Avenue Dog Park to the lowest responsive bidder in the case that the bid or bids exceed the standing contract authority of the Director of Public Works B. 3) Authorize City Manager to approve Contract Change Orders (CCO) to the extent that total project expenditures do not exceed the amount of the project budget Description: Application(s): GPA-2012-01, Z-2012-02, EA-2012-07; Applicant: City of Cupertino; Location: City-owned lot on the corner of Villa Real and Mary Ave; APN# 326-27-030; General Plan Amendment to change the General Plan Land Use Map designation from "Medium High Density Residential (10-20 DU/GR.AC.)" to "Park & Open Space" for a 0.51 net acre vacant parcel; Rezoning of a 0.83 gross acre vacant parcel from "P(R1C)- Planned Development, Single Family Residential Cluster Intent" to "PR—Park and Recreation Zone"; Mitigated Negative Declaration. The Planning Commission recommends approval of GPA-2012-01 and Z-2012-02 per Resolution numbers 6717 and 6718 an.d recommends approval of a Mitigated Negative Declaration (EA-2012-07) Senior Planner Colin Jung reviewed the Planning staff report via a PowerPoint presentation. Director of Public Works Timm Borden reviewed the Public Works staff report. Consultant Steve Noack from The Planning Center / DC&E reviewed the environmental review process via a PowerPoint presentation. He highlighted the environmental survey report summary; mitigated measures for air quality, biological resources, cultural resources; comments raising issues of: construction- Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency related air pollution; effect of tree removal on air quality and health risks; health issues related to dog waste; health issues related to remediation activities; increased traffic; noise; odors; property value; safety and aggressive dogs; and transportation- related air pollution. Mayor Mahoney opened the public hearing. The following people were opposed to actions to further dog park development on Mary Avenue: Ranjan Desai, Sheetal Devidasani, Rama Bharathy, Prasad Pimplaskar, Manasi Pimplaskar, Cathy Helgersen, Duleep Pillai, Gopakumar Pillai, Leelavathy Dhanasekaran, Vikiram Chikoti, Dhivya Shanmugam, Pushparaj Shanmugam, Gopal Parakularg, Thyagarajan Radhakrishnan, Maneesh Pawar, Veeravel M. Muthiah, John Lee, Raghupathi Subbiah, Sudhakar Reddy, Appala Patnala, Su Yin Lee, Pei-Chu Fan, Philip Zhou, Kathy Kwan, Demetra Barkas, Katherine Winget, Radhika Gopalakirishnan, Dixie Taylor, Yun Fan, David Hollister, Sivarasan Thiruvadi, Devendran Rethinavelu, Maria Lopez, Jean Schwab, Leyi Zhang, Elan Govan, Maya Reddy, Rambabu Pyapali, Sudha Andra, Padmaja, Nirmala, Sravya Patnala, Catherine Coe, Sid Shettar, Velmurugan Sankar, and Subra Ongolt. The reasons for opposition included: the Mary Avenue dog park site is too close to the nearby homes including the Casa De Anza Condominiums and Glenbrook Apartments; the lot size is too small and oddly shaped; safety concerns for bicyclists, children, and the elderly; enforcement of dog park rules; not enough dog owners would use the park; additional traffic; will cause decreased property values; increased noise from dogs barking; dog waste smell and potential bacteria; possible litigation if someone gets hurt; spending the money on something better; some residents never received notice about the dog park being considered; disruption of the quality of life; pollution; length of time for trees to grow tall enough to use as a barrier to the freeway noise; the lead soil mitigation makes it too expensive; the site is too close to freeway; consider other dog park locations like Library Field, Jollyman Park, or none at all in Cupertino; alternative uses for the site like a community garden, or plant more trees and leave as-is. The following people were in favor of actions to further dog park development on Mary Avenue: James Luther, Cynthia St. John, and Priya Sumal. The reasons for being in favor included: dog parks aren't crowded or smelly, and dogs bark very little in dog parks verses in people's backyards; dog owners police Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency each other in dog parks and take responsibility for their own dog's behavior; having the convenience of driving to a dog park in Cupertino; it's great for the community; having a place for dogs to go when they have nowhere else to run around; dogs can have a play group like children have a play group which is healthy; having a walking distance dog park in town. Mayor Mahoney closed the public hearing. Wong moved and Chang seconded to approve a Mitigated Negative Declaration & its Mitigation Monitoring Program (EA-2012-07). The motion carried unanimously. Wong moved and Chang seconded to adopt Resolution No. 13-012 approving GPA- 2012-01). The motion carried with Sinks voting no. City Clerk Grace Schmidt read the title of Ordinance No. 13-2104 rezoning a City- owned lot at the corner of Villa Real and Mary Avenue" (Z-2012-02) with the condition that staff meet with the residents of Casa De Anza to work on mitigating factors to be determined by staff and residents. Wong 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, and Wong. Noes: Sinks. Wong moved and Chang seconded to add $100,000 to the project budget for a total amount not to exceed $450,000. Santoro made a friendly amendment with the condition to add an additional $50,000 1:o go toward a buffer at the neighboring property line. Wong and Chang accepted the friendly amendment. The motion carried with Sinks voting no. Wong moved and Chang seconded to authorize the City Manager to award contracts for the Mary Avenue Dog Park to the lowest responsive bidder. The motion carried with Sinks voting no. Wong moved and Chang seconded to authorize the City Manager to approve Contract Change Orders (CCO) to the extent that total project expenditures do not exceed the amount of the project budget. The motion carried with Sinks voting no. Tuesday, February 5, 2013 Cupertino City Council Successor to the Redevelopment Agency REPORTS BY COUNCIL AND STAFF City Manager David Brandt said goodbye to Director of Parks and Recreation Mark Linder who is going to Campbell to be the City Manager. He also said goodbye to Senior Planner Colin Jung who is retiring. Director Linder said he enjoyed his time in Cupertino and is looking forward to his new career as City Manager. Mr. Jung thanked Council and staff. Mayor Mahoney presented a proclamation to Director Linder. Council members said thank you and goodbye to Director Linder and Mr. Jung and highlighted the activities of their committees and various community events. ADJOURNMENT At 12:43 a.m. on Wednesday, February 6, the meeting was adjourned. C�� C 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.