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CC 05-20-2014 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 20, 2014 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the regular City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subiect: Presentation by Hsinchu Sister City Committee regarding recent trip Recommended Action: Receive presentation Hsinchu Sister City Committee President Chia-Ching Lin (student delegation), chaperones, students, and Hsinchu Sister City Committee Vice. President Janice Sung (adult delegation) talked about their highlights and experiences from the recent trip to Hsinchu. The group presented a slideshow highlighting the Mayor's trip and offered gifts to the City of Cupertino. Mayor Wong presented letters of appreciation to the students. 2. Subiect: Proclamation for May 161h through May 23rd as Santa Clara County Affordable Housing Week Recommended Action: Present proclamation Tuesday, May 20, 2014 Cupertino City Council Mayor Wong presented the proclamation to Allison Frost from the Housing Trust of Silicon Valley and representatives from Project Sentinel and West Valley Community Services. 3. Subject: Proclamation to recognize and acknowledge Public Works Week in Cupertino Recommended Action: Present proclamation Mayor Wong presented the proclamation to Director of Public Works Timm Borden. POSTPONEMENTS - None ORAL COMMUNICATIONS Esther Shao requested that Council allow the Cupertino Memorial Park committee to designate an area in Memorial Park as a genocide memorial site and to approve a project to construct a Pacific war memorial monument in the newly designated site. She noted that this request would replace the initial proposal made by Larry Tan in December 2013. The following individuals spoke in support of the request made by Esther Shao: Kefe Wang Sunny Zhang Ann Woo Jane Chen Albert Fang Larry Tan Ignatius Ding (distributed a handout) Darcy Paul, President of the Cupertino Chamber of Commerce invited everyone to the Chamber's 60th anniversary Taste of Cupertino event at Vallco Mall on May 31 from 4:30 to 6:30 p.m. CONSENT CALENDAR Mahoney moved and Sinks seconded to approve the items on the Consent Calendar as presented. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. Tuesday, May 20, 2014 Cupertino City Council 4. Subject: Approve the May 6 City Council minutes Recommended Action: Approve the minutes 5. Subject: Accept Accounts Payable for period ending April 18, 2014 Recommended Action: Adopt Resolution No. 14-148 accepting Accounts Payable for period ending April 18, 2014 6. Subject: Accept Accounts Payable for period ending April 25, 2014 Recommended Action: Adopt Resolution No. 14-149 accepting Accounts Payable for period ending April 25, 2014 7. Subject: Consideration and approval of the Third Quarter Financial Report for Fiscal Year 2013-2014 Recommended Action: 1. Accept the City :Manager's Third Quarter Financial Report for Fiscal Year 2013-2014; 2. Adopt Resolution No 14-150 approving Third Quarter Budget adjustments 8. Subject: City Project, Stevens Creek Corridor Park and Restoration Phase 2, Project No. 9134 Recommended Action: 1. Accept construction work completed by Robert A. Bothman, Inc; and 2. Authorize an amendment to the agreement with SSA Landscape Architects for additional services for an amount not to exceed $26,500; and 3. Authorize use of grant monies from the Santa Clara Valley Transportation Authority "Project Readiness Initiative" program to reimburse eligible expenses, increasing the allocation to this project from $22,000 to a maximum of$34,534 9. Subiect: 2013 STP Overlay Project, Project: No. 2013-04 Recommended Action: Authorize the Ciiy Manager to award a contract to O'Grady Paving Company, Inc., in the amount of $1,002,968 for base bid and add alternate number one; and approve a construction contingency of $150,000, for a total of $1,152,968 10. Subject: Declare brush to be a public nuisance and potential fire hazard and set hearing for June 2 for objections to proposed removal Recommended Action: Adopt Resolution No. 14-151 declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 2 11. Subject: Resignation of Housing Commissioner (Financial Representative) Jimmy Chien Recommended Action: Accept resignation and direct staff to recruit for the vacancy Tuesday, May 20, 2014 Cupertino City Council SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 12. Subject: Tree removal permit to allow the removal and replacement of trees that are unhealthy, in conflict with utilities, and/or not suitable for preservation as part of the Main Street Project Recommended Action: 1. Adopt Resolution No. 14-152 approving (TR-2014-17) the removal and replacement of 24 private non-specimen trees (23 Shamel Ash and 1 Chinese Elm) for the Main Street Project; and 2. Provide input to the Public Works Department regarding the proposed removal and replacement of 48 public, non- specimen street trees (45 Shamel Ash and 3 Autumn Purple White Ash) for the Main Street Project Description: Application No(s): TR-2014-17; Applicant(s): Gary Laymon (Kevin Dare/Sandhill Properties); Location: Main Street (Stevens Creek Blvd @ Finch Ave); Tree Removal permit to allow the removal and replacement of trees that are unhealthy in conflict with utilities/infrastructure and/or not suitable for preservation for the Main Street Cupertino project Written communications for this item included an email from Director of Public Works Timm Borden and a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao reviewed the staff report via a PowerPoint presentation. Applicant Gary Lymon with Guzzardo Partnership reviewed the project via a PowerPoint presentation. Jennifer Griffin asked to have Shamel Ash trees planted on Tantau and to plant large trees in the project area as soon as possible during the stating period. Lisa Warren said that the public trees don't seem to have any impact on the project and shouldn't be considered at this time. She asked that the trees not be removed until things are finalized. Darcy Paul left a note on his speaker card remarking on behalf of the Cupertino Chamber of Commerce, he supports granting the permit to remove the trees and that the project is important for Cupertino's economy. Tuesday, May 20, 2014 Cupertino City Council Mahoney moved to adopt Resolution No. 14-152 approving (TR-2014-17) the removal and replacement of 24 private non-specimen trees (23 Shamel Ash and 1 Chinese Elm) for the Main Street Project with an amendment to remove in lieu fee wording in the resolution and have staff minimize the down period between removal and replacement planting. Chang offered a friendly amendment to replace some of the replacement species with Oak trees as appropriate. Mahoney accepted the friendly amendment and Chang seconded the motion. Sinks offered a friendly amendment to establish the difference between the value of a tree per the fee schedule vs. the cost of a new tree to contribute toward the public street tree fund. Mahoney noted that he would be okay with 50% of that value. Chang did not accept the 50% without knowing the cost. Mahoney amended his motion to include, 50% of the value up to $75,000 and Chang accepted the amendment. The motion carried unanimously. Council also provided input to the public works department regarding the proposed removal and replacement of 48 public, non-specimen street trees (45 shamel ash and 3 autumn purple white ash) for the main ,street project as per staff recommendation. Council recessed from 9:40 to 10:05 p.m. 13. Subject: Foothill Live/Work development: project Recommended Action: A) Approve Mitigated Negative Declaration EA-2014-01; and B) Conduct the first reading of Ordinance No. 14-2119: "An-Ordinance of the Cupertino City Council approving the Rezoning of a .87 gross acre parcel from P(CG) - Planned Development General. Commercial to P(CG, Res) - Planned Development General Commercial and Residential, located at 10121 N. Foothill Blvd," Z-2014-01; and C) Adopt Resolution.No. 14-153 approving Tentative Map TM-2014-01; and D) Adopt Resolution No. 14-154 approving Development Permit DP-2014-02; and E) Adopt Resolution No. 14-155 approving Architectural and Site Approval ASA-2014-02; and F) Adopt: Resolution No. 14-156 approving Tree Removal Permit TR-2014-08 Description: Application No(s): DP-2014-02, ASA-2014-02, TM-2014-01, TR-2014-08, Z-2014-01 (EA-2014-01); Applicant(s): Tate Development (Foothill Auto Service & Detail, Inc); Location: 10121 N Foothill Blvd APN# 342-32-070; Development Permit to.allow the demolition of an abandoned automobile service station and construct six residential units, including five live-work units with detached workspaces, along Tuesday, May 20, 2014 Cupertino City Council with associated site and off-site improvements; Architectural and Site Approval to allow the demolition of an abandoned automobile service station and construct six residential units, including five live-work units with detached workspaces, along with associated site and off-site improvements; Tentative Map to subdivide a .66 net acre parcel into six residential lots and one common area lot; Tree Removal Permit to allow the removal and replacement of five Monterey Pine trees; Rezoning of a .87 gross acre parcel from Planned Development General Commercial - P(CG) to Planned Development General Commercial and Residential - P(CG, Res); Mitigated Negative Declaration Written communications for this item included resident emails, statement from the applicant regarding additional privacy modifications to the design, updated plan exhibits, and a staff PowerPoint presentation. Associate Planner George Schroeder reviewed the staff report via a PowerPoint presentation. Applicant Ron Tate said that he agreed with staff recommendation. David Doyle said that the project isn't typical for Cupertino as far as height, density, or parking and the work units would need to be an enforcement issue so they don't turn into other uses. He also noted that retail in Cupertino would suffer because of the price per square foot. Sunil Baliga asked to keep retail in the area. Jeff Ploshay expressed concern with tree screening for privacy on Unit D, density of the live-work units, and parking on Silver Oak Way. Sam Nazhand expressed concern about Unit 6 regarding view, privacy, and sunlight, and also noted that density and parking would be an issue. John Machado said that this site is not good for retail due to lack of access and density in the area, and that mixed use is a better alternative. He also noted that there would not be enough traffic volume at the intersection to support retail. Chang moved and Mahoney seconded to approve Mitigated Negative Declaration EA-2014-01. The motion carried with Santoro voting no. Sinks moved and Chang seconded to adopt Resolution No. 14-153 approving Tentative Map TM-2014-01, Resolution No. 14-154 approving Development Permit Tuesday, May 20, 2014 Cupertino City Council DP-2014-02, Resolution No. 14-155 approving Architectural and Site Approval ASA- 2014-02, and Resolution No. 14-156 approving Tree Removal Permit TR-2014-08 with the following conditions: • Superseded Condition Nos. 9(j)(i) and 9(j)(ii) of Planning Commission Resolution No. 6734 to state, "Five (5) guest parking spaces shall be reserved for workspace patrons and allowable incidental employees only during the hours of 7 am to 6 pm, Monday through Friday. The five (5) reserved guest parking stalls shall be open to all parties during the hours of 6 pm to 7 am, Monday through Friday and 24 hours a day on weekends and holidays." • The applicant shall work with the affected neighboring property owners along the west and south property lines to determine the acceptable trimming and maintenance height of the, new privacy trees/shrubs along the west and south property lines. The CC&R's shall reflect the acceptable trimming and maintenance heights. The CC&R's shall require property owners of the live-work units to obtain and maintain a City business license in order to utilize the workspaces. Failure to do so would be a violation of the Development Permit and CC&R's and would result in further code enforcement action by the City. The motion carried with Santoro voting no. Chang moved and Mahoney seconded to read Ordinance No. 14-2119 by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: Santoro. Abstain: None. Absent: None. ORDINANCES AND ACTION ITEMS 14. Subject: Designate voting delegate and alternates for League of California Cities Annual Conference September 3-5 in Los Angeles Recommended Action: Designate.voting delegate and up to two alternates Mahoney moved and Chang seconded to designate Wong as voting delegate and Sinks as alternates for the League of California Cities Annual Conference September 3-5 in Los Angeles. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF City Manager David Brandt reminded everyone about the groundbreaking ceremony for the new Environmental Education Center at 4:00 p.m. on May 21 at McClellan Ranch. Tuesday, May 20, 2014 Cupertino City Council Chang asked to agendize the request noted under Oral Communications. There was no second vote to agendize the item. Sinks and Chang agreed to have AB2013 regarding high occupancy vehicle lanes go through the Cupertino Legislative committee first before possibly coming to Council for discussion. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 12:10 a.m. on Wednesday, May 21, Mayor Wong adjourned the meeting to Tuesday, May 27 beginning at 3:30 p.m. for Teen Commission interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue. 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.