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CC 04-02-2013 119 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 2, 2013 CITY COUNCIL MEETING ROLL CALL At 6:00 p.m. Mayor Orrin Mahoney called the Regular 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. CLOSED SESSION 1. Subject: Workers' Compensation Claim (Government Code Section 54956.95); Claimant: Scott Nemetz; Agency Claimed Against: City of Cupertino At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Mahoney announced that Council received a report and gave direction to staff. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney reconvened the Regular 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. Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Proclamation for Wen-Ying Jaw congratulating her for her academic contributions to the community Recommended Action: Present the proclamation Mayor Mahoney presented the proclamation to Ms. Jaw. 3. Subject: Presentation from The Water Savers, fifth grade students from Eaton Elementary School, introducing their water conservation website Recommended Action: Receive the presentation from The Water Savers (Chaelee, Janvi, Michelle, Marie-Claire) The Water Savers made a presentation to Council showing their water conservation website, www.watersavers.webs.com. Council received the presentation. POSTPONEMENTS Santoro moved and Wong seconded to postpone item number 12 to May 7. The motion carried unanimously. ORAL COMMUNICATIONS Edward Jajko talked about a proposal in San Jose to build a McDonald's with a drive- through in the shopping center at the corner of Miller and Bollinger. He said that many people signed a petition opposing this, and the San Jose Planning Commission denied the proposal, but the owners and developers are now bringing the proposal to the San Jose City Council. He explained that this is the wrong type of establishment to build in this area and asked Council to use any influence they had to do something about this. Mayor Mahoney responded that through staff, Council is weighing in on the issue and explained that in the initial application, Cupertino's planning department noted its concerns, especially traffic, and they plan to resubmit that concern. Other Council members explained that every city makes its own decisions and as individuals, they can let officials know residents' concerns. Council also encouraged people to attend the San Jose City Council meeting, in addition to reaching out to the San Jose Mayor and individual Council members, other staff, the school district, and McDonald's headquarters. 2 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency Conrad Minshall, coordinator for the grass roots opposition of this McDonald's project, said that they are already doing everything Council suggested. He noted that they were aware of the previous advisory letter from Cupertino's planning department to San Jose, but that it didn't include an evaluation of the Planning Commission's denial. He showed a document that explained the specific details of the McDonald's project, including the resident's concerns about the project, and noted that this issue was receiving media attention. Bernie Sheahan thanked Council for all the suggestions of how to oppose the project. Udo Strasillo said that he is anti-pollution and anti-driving. He noted that he wasn't against McDonald's, but that this wasn't the right place to put it, and that it especially didn't need to be a drive-through. He urged Council to do everything possible to help convince the San Jose City Council to help the residents. Ruth McKelvey asked which entity (Cupertino, San Jose, or the County) was responsible for putting in the traffic light at Bollinger and Tantau and which entity was responsible for taking care of the street (Bollinger) in front of Hyde Middle School. She explained that the McDonald's development would make traffic a big issue in this area. Director of Public Works Timm Borden responded that the traffic signal is in San Jose's jurisdiction but he would have to check the boundaries of the street and didn't have that information tonight. Zoe Minshall said that she was worried about the pollution the McDonalds development would cause, especially for those who have asthma. She said she was also concerned about loitering in the area. Nyrie Courtis, representing Cafe Adria in the Orchard Farm Shopping Center, asked how many times the developers could ask to build a McDonald's in that location since this wasn't the first time. She also asked if bringing up a concern about drug habits in the area and loitering would help when going before the San Jose City Council. She urged Council to write a letter opposing the project. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as recommended with the exception of item numbers 7 and 8 which were pulled for 3 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: none. Abstain: none. 4. Subject: Approve the March 19 City Council minutes Recommended Action: Approve the minutes 5. Subject: Accept Accounts Payable for period ending March 8, 2013 Recommended Action: Adopt Resolution No. 13-028 accepting Accounts Payable for period ending March 8, 2013 6. Subject: Accept Accounts Payable for period ending March 15, 2013 Recommended Action: Adopt Resolution No. 13-029 accepting Accounts Payable for period ending March 15, 2013 7. Subject: Review and adopt a policy for processing budget requests from non-profit organizations providing services for the general Cupertino community Recommended Action: Adopt the policy for processing budget requests from non- profit organizations providing services for the general Cupertino community Written communications for this item included a staff report amending Attachment B and a handout from staff regarding funding allocations. Acting Director of Parks and Recreation Carol Atwood reviewed the staff report. Judith Stewart, Board member of Deer Hollow Farm thanked Council for its previous support and asked Council to approve the funding request for this next year. Sue Gale, President of Friends of Deer Hollow Farm, a 501c3, said that they submitted a grant request which followed the policy approved by the Parks and Recreation Commission. She noted that a survey of Farm visitors showed that 17,000 Cupertino residents visit the Farm each year. She further explained how important the Farm was to State educational curriculum requirements and that the Friends donors fund 1,000 scholarships for low-income schools in Cupertino. She noted that the Farm is supported by cooperative partnerships in government and private organizations. She urged Council to continue supporting the farm with the requested $10,000 funding. 4 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency Liz Montgomery, Board member of Deer Hollow Farm, thanked Council for its support over the past three years and asked for the same support for the upcoming fiscal year. She explained that the grant request format had been changed recently to include a ban on grants that request funding for operations of a non-profit, which would disallow the request from the Friends of Deer Hollow Farm 501c3 and Cupertino's contribution to the Farm. She said that the grant request is to help spread the cost among cities whose residents use the Farm for free. She noted that admission can't be charged, it takes $412,000 annually to run the Farm, and the Farm has unusual operation expenses due to the need for a 24-hour live-in caretaker for the animals. She said that most of the funding comes from the County of Santa Clara, City of Mountain View, and Friends donors, with an additional $10,000 each from Cupertino and Los Altos Hills. Wong moved and Chang seconded, with friendly amendments by Sinks and Santoro, to adopt the policy for processing budget requests from non-profit organizations providing services for the general Cupertino community with an amendment to the language on the 9th criteria point to read: Non-profits will be notified of our process in advance and no proposals will be entertained after march 1 of each year except under dire circumstances and must be approved by the majority of City Council. The motion carried unanimously. 8. Subject: Review and approve modifications to the Community Special Events in Memorial Park policy, including criteria for City sponsorship of a special event (continued from March 19) Recommended Action: Approve the modifications to the Community Special Events in Memorial Park policy, including criteria for City sponsorship of a special event Written communications for this item included a staff report amending Attachment B. Acting Director of Parks and Recreation Carol Atwood reviewed the staff report. David Fung, Chair of Parks and Recreation Commission, noted that when the Commission was reviewing this policy, they were differentiating between all events and events sponsored only by Cupertino regarding decisions on how to use the grounds. 5 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency Wong moved and Sinks seconded, and the motion carried unanimously to approve the modifications to the Community Special Events in Memorial Park policy, including criteria for City sponsorship of a special event with the following amendments: • The second sentence for #7 under Special Conditions will read: Organizers are responsible for ordering, paying for, and emptying trash receptacles in memorial park on event days • The first sentence for #11 under Special Conditions will read: Organizers are required to have Sheriff's department deputies to patrol the park during the event • The 3rd and 4th bullet points under Criteria for Cupertino Support of a Special Event are combined to read: Benefit charitable causes in Cupertino and/or Cupertino businesses • The 5th bullet point under Criteria for Cupertino Support of a Special Event should read: The City may request a copy of the event budget, volunteer hours, and a list of sponsors SECOND READING OF ORDINANCES 9. Subject: Conduct second reading of ordinances for Bingo permits and Acceptance of Public Improvements to approve actions to further streamline City Council's Consent Calendar Recommended Action: 1) Conduct the second reading and enact Ordinance No. 13- 2108 for Bingo permits: "An Ordinance of the City Council of the City of Cupertino amending Chapter 5.32 of the Cupertino Municipal Code regarding bingo"; 2) Conduct the second reading and enact Ordinance No. 13-2109 for Acceptance of Public Improvements: "An Ordinance of the City Council of the City of Cupertino amending sections 14.04.170 and 18.32.390 of the Cupertino municipal code regarding acceptance of public improvements" City Clerk Grace Schmidt read the title of Ordinance No. 13-2108. Wong 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. Wong moved and Chang seconded to enact Ordinance No. 13-2108. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. 6 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency City Clerk Grace Schmidt read the title of Ordinance No. 13-2109. Wong 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. Wong moved and Chang seconded to enact Ordinance No. 13-2109. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. PUBLIC HEARINGS 10. Subject: Approve the Fiscal Year 2013-14 Fee Schedule Recommended Action: Adopt Resolution No. 13-030 approving the 2013-14 Fee schedule Written communications for this item included an amendment to the fee schedule for petitions for reconsideration and a letter from the Cupertino Chamber of Commerce. Finance Director David Woo reviewed the staff report. Richard Abdalah speaking on behalf of the Cupertino Chamber of Commerce asked Council to consider continuing the decision on approving the fees, especially plan fees. He noted that the Chamber was okay with CPI fees but would like Council to continue the plan fees and the 3.77% fee for the new online, permitting system. Sinks moved and Wong seconded to postpone the entire item to May 7. The motion failed with Wong and Sinks voting yes. Santoro moved and Wong seconded, and the motion carried unanimously to adopt Resolution No. 13-030 approving the 2013-14 Fee schedule as submitted by staff with the following amendments: • Fee for paper plan set submittals and conversion to electronic format, including R-1 submittals would be actual cost plus a handling fee • No increase to R-1 fees • 2% fee increase for new permitting system instead of 3.77% increase 7 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency ORDINANCES AND ACTION ITEMS 11. Subject: Consider Council member Sinks request to teleconference for the closed session on April 16 Recommended Action: Consider Council member Sinks request to teleconference for the closed session on April 16 regarding conference with labor negotiator Wong moved and Chang seconded to allow Council members Sinks to teleconference for the closed session on April 16. The motion carried with Sinks abstaining. Council member Sinks noted that he needed to be away for family reasons and would be listening to the public part of the meeting, but couldn't participate due to Council policy. 12. Subject: Consideration of an ordinance rescinding and reenacting Cupertino Municipal Code Chapter 14.08 regarding obstruction and encroachments into City rights-of-way Recommended Action: Conduct the first reading of Ordinance No. 13-2110; "An Ordinance of the City Council of the City of Cupertino rescinding and readopting Cupertino Municipal Code Chapter 14.08 (Encroachments and use of City Rights-of- Way)" Under postponements, this item was continued to May 7. REPORTS BY COUNCIL AND STAFF The City Channel rolled a video of the Parks and Recreation Big Bunny Fun Run held the previous weekend. City Manager David Brandt noted that Council would be participating in back-to-back budget study sessions in May with one public hearing and budget adoption scheduled for the first meeting in June. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:43 p.m., the meeting was adjourned. 8 Tuesday, April 2, 2013 Cupertino City Council Successor to the Redevelopment Agency I ' {' 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. 9