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CC 07-15-2014 (Special) APPROVED MINUTES CUPERTINO CITY COUNCIL C U P E RT I N® Tuesday, July 15, 2014 SPECIAL MEETING ROLL CALL At 5:10 p.m. Mayor Gilbert Wong called the Special City Council meeting to order. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. STUDY SESSION 1. Subject: Study Session to provide an update on the Climate Action Plan (CAP) process and review greenhouse gas reduction measures to be considered for analysis in the City's Initial Study/Negative Declaration. Proposed measures focus on options to reduce community-wide emissions in the energy, transportation, water, and solid waste sectors Recommended Action: Review the Climate Action Plan (CAP Measures Alternatives and provide comments Sustainability Manager Erin Cooke introduced the item and consultant Joshua Lathan from AECOM who reviewed the item via a PowerPoint presentation. Kevin McClellan from the Cupertino Charnber of Commerce expressed support for the first two alternatives. Jessica Epstein from the Silicon Valley Association of Realtors encouraged Council to focus on the first two options and not the third option which is a mandatory program. She noted that the association would be happy to reach out to homeowners and homebuyers to help educate them in energy conservation. Mark Burns said that there should be a voluntary program that includes incentives for new homeowners to be upgrade more energy efficiently. Dennis Martin representing the Commercial Real Estate Development Organization and the Building Industry Association (BIA) encouraged Council to study the first two options. City Council Minutes July 15, 2014 Council comments included support for alternatives one and two, but not three. CLOSED SESSION At 6:20 p.m. Council recessed to a closed session, and reconvened in open session at 6:47 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA. Mayor Wong announced that for both items, no reportable action was taken. 2. Subs: Workers' Compensation Claim (Gov't Code Section 54956.95), Claimant: Todd Hembree, Agency Claimed Against: City of Cupertino. 3. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: City Hall, 10300 Torre Avenue, Cupertino, CA 95014; Negotiating parties: Crown Castle and City of Cupertino;Under negotiation: Price and terms. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL At 6:47 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 4. Subject: Audit Committee Annual Report to Council Recommended Action: Accept the Audit Committee's Annual Report Eno Schmidt from the Audit Committee gave the Annual Report via a PowerPoint presentation. Council accepted the Audit Committee's Annual Report. 5. Subject: Update from Rotary Club of Cupertino immediate past President Savita Vaidhyanathan Recommended Action: Receive the update Savita Vaidhyanathan gave an update via a PowerPoint presentation. City Council Minutes July 15, 2014 Council received the update. 6. Subject: Proclamation to the City of Cupertino Parks and Recreation Department recognizing"Parks Make Life Better!"month Recommended Action: Present the proclamation Mayor Wong presented the proclamation to Director of Parks and Recreation Carol Atwood, Parks and Recreation Commission Chair Darcy Paul, Vice Chair Geoff Paulsen, and Commissioner David Fung. POSTPONEMENTS Mayor Wong noted that both-appellants had -withdrawn their appeals for item number 13. Mahoney moved and Chang seconded to accept the appellants' withdrawal and that the Planning Commission decision would stand. The motion carried with Santoro voting no. Item No. 14 Energy Services contract for solar installation was dropped from the agenda. ORAL COMMUNICATIONS Anjali Kausar Executive Director of the Cupertino Chamber of Commerce said that the new business directory had come out. She also invited everyone to the annual Diwali Festival which would be held on September 27. Rob Chansler San Francisco Shakespeare Festival Board Member invited everyone to the annual Free Shakespeare in the Park (The Taming of the Shrew) opening the weekend of July 18 and running through Aug 3. He thanked the City for its support. See www.sfshakes.or� for information. CONSENT CALENDAR Sinks moved and Mahoney seconded to approve the items on the Consent Calendar as presented with the exception of item number 7 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: Node. Abstain: None. Absent: None. 7. Subject: Approve the July 1 City Council minutes Recommended Action: Approve the minutes Sinks asked for an amendment to the 1ATording on item 19c to note that community funding amount was approved at $10,000 per group in bullet number one; and remove the word "new" before "priorities" in bullet number 4. City Council Minutes July 15, 2014 Sinks moved and Mahoney seconded to approve the July 1 City Council minutes. The motion carried unanimously. 8. Subject: Accept Accounts Payable for period ending June 6, 2014 Recommended Action: Adopt Resolution No. 14-175 accepting Accounts Payable for period ending June 6, 2014 9. Subject: Accept Accounts Payable for period ending June 13, 2014 Recommended Action: Adopt Resolution No. 14-176 accepting Accounts Payable for period ending June 13, 2014 10. Subject: Accept Accounts Payable for period ending June 20, 2014 Recommended Action: Adopt Resolution No. 14-177 accepting Accounts Payable for period ending June 20, 2014 11. Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program for the period of August 1, 2014-July 30, 2015. Recommended Action: Authorize the City Manager to execute a contract with Dan Gertmenian for the Math Olympiad program for the one-year period of August 1, 2014-July 31, 2015 12. Subject: 2014 Reconstruction of Curbs, Gutters and Sidewalks - Project No. 2014-02, authority to award construction contract. Recommended Action: Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. Mahoney moved and Chang seconded to reorder the agenda to take up item number 17 under Ordinances and Action Items next. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 17. Subject: Hearing 'to approve assessment of fees for annual weed abatement program(private parcels) Recommended Action: Conduct hearing and adopt Resolution No. 14- 183 approving the assessment of fees for the annual weed abatement program (private parcels) City Clerk Grace Schmidt reviewed the staff report. City Council Minutes July 15, 2014 Amitava Biswas said that he didn't believe his property should be on the list because he cleaned up his property before the deadline. He also noted that his garden in the front and back are not weeds. Peter Baum said that he thought he had clone everything that should have been done to clean up his property and that he shouldn't be on the list. County Weed Abatement Coordinator Moe Kumre further discussed Mr. Biswas and Mr. Baum's properties. Chang moved and Santoro seconded to adopt Resolution No. 14-183 approving the assessment of fees for the annual weed abatement program (private parcels) with the following amendments: • Mr. Biswas must still pay the $41 fine but his property will be removed from the list • The $250 fee for Mr. Baum was waived but his property will remain on the list The motion carried with Sinks and Mahoney voting no. Council recessed from 8:10 to 8:15 p.m. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 13. Subject: Appeal of a Planning Commission approval of a proposed day care center, Little Tree Montessori, at 20111 Stevens Creek Boulevard. Description: Application No(s).: U-20:14-01, ASA-2014-05 Applicant(s): Janice Yeh (Little Tree Montessori); Appellant(s): Julie Mercik (Arbor Professional Center II), Carl Tucci Location:20111 Stevens Creek Blvd #130 & #150 Appeal of the Planning Commission's approval of a Use Permit to allow the conversion "of approximately 7,500 square feet of office space at an existing two-story office building into day care use and an Architectural and Site approval to allow a play area, landscape enhancements and associated site improvements for the new day care use Recommended Action: Conduct the hearing and adopt draft Resolution Nos. 14-178 and 14-179 denying the appeal and upholding the Planning Commission's June 9, 2014 approval of a Use Permit (U-2014-01) and Architectural and Site approval (ASA-2014-05) (Attachments A &B) Under postponements Mayor Wong noted that both appellants had withdrawn their City Council Minutes July 15, 2014 appeals. Mahoney moved and Chang seconded to accept the appellants' withdrawal and that the Planning Commission decision would stand. The motion carried with Santoro voting no. 14. Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project's anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City's best interests (Continued from July 1). Recommended Action: Under Postponements this item has been dropped. Under postponements, this item was dropped from the agenda. 15. Subject: Main Street-Lazy Dog Restaurant and Bar and Late Night Hours. Description: Application No(s): ASA-2013-08, U-2014-05; Applicant(s): Jared Taylor (Main Street Cupertino Aggregator, LLQ Location: 19359 Stevens Creek Blvd; Architectural and Site approval for final refinements to Shop 2 and associated site improvements at the Main Street Cupertino project; Use Permit to allow a restaurant (Lazy Dog Cafe) to operate until lam Monday through Saturday and to 12am on Sundays and to allow an interior bar facility -Recommended Action: Adopt draft Resolution Nos. 14-180 and 14-181 approving the Architectural and Site Approval (ASA-2013-08) and Use Permit (U- 2014-05) (Attachments A and B, respectively). Associate Planner George Schroeder reviewed the staff report via a PowerPoint presentation. Applicant Jared Taylor talked more about the project and explained how the restaurant received its name. He showed photos of existing Lazy Dog restaurant locations and answered Council's questions. Jennifer Griffin said that she has been following the Main Street project for many years and she said she is excited about a family restaurant going in at this location since other family restaurants have gone away. She said the bars should shut down at 12:00 midnight. Kevin McClelland on behalf of Chamber of Commerce urged Council to approve the application as proposed. Lisa Warren said she isn't against late hours but maybe not 6 days a week. She shared her concerns and thoughts on certain aspects of the project such as the columns, windows, and palm trees. r City Council Minutes July 15, 2014 Santoro moved and Mahoney seconded to adopt Resolution No. 14-180 with the following amendment: if desired, the applicant may work with staff to incorporate the architectural enhancements or changes as outlined by the City's architectural consultant visual illustration dated June 17, 2014 into the project design. The motion carried unanimously. Santoro moved and Mahoney seconded to adopt Resolution No. 14-181 approving the Architectural and Site Approval (ASA-20.13-08) and Use Permit (U-2014-05) as drawn or the applicant could add a window and/or make the columns slightly larger if desired. The motion carried unanimously. 16. Subject: Main Street(Loft residences and retail) Description: Application No(s): ASA-201:3--09 Applicant(s) Main Street Cupertino Aggregator, LLC (DNA Design & Architecture) Location: 19640 Vallco Parkway Architectural and Site approval for final refinements to the previously approved 120 unit live/work rental housing complex with an attached 10,081 square foot retail condominium unit Recommended Action: Adopt draft Resolution No. 14-182 approving the development application (ASA-2013-09) Associate Planner George Schroeder reviewed the staff report via a PowerPoint presentation. Applicant Kevin Dare with Sand Hill Property introduced the project and the architectural firm. Eric Chang Architect with DNA Design & Architecture talked more about the project and answered questions from Council. Gary Laymon with Guzzardo Partnership talked about landscaping and other amenities of the project. Mayor Wong opened the public hearing. Jennifer Griffin expressed concern-about the height and density of the Rose Bowl and this new proposed development. Kevin McClelland on behalf of the Chamber of Commerce urged Council to approve the project. City Council Minutes July 15, 2014 Lisa Warren expressed concern about some of the design and asked that the CC&R's prevent this development from ever becoming condominiums. Mayor Wong closed the public hearing. Chang moved and Mahoney seconded to Adopt Resolution No. 14-182 approving the development application (ASA-2013-09) with the following amendment: • The applicant shall work with staff to incorporate the additional architectural enhancements as outlined in the City's architectural consultant visual illustration dated July 9, 2014 into the project design. The final revised plans shall be provided to the City Council as an Item of Interest The motion carried unanimously. ORDINANCES AND ACTION ITEMS —Continued 18. Subject: Set the dates for Housing Commission (Financial Representative) application deadline and interviews Recommended Action: Direct staff to set the following deadlines: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, August 8; and 2.) Conduct interviews at 5:05 p.m. on Tuesday, August 19 City Clerk Grace Schmidt reviewed the staff report. Chang left the dais before voting began on this item. Mahoney moved and Santoro seconded to set the application date for Friday, August 8 at 4:30 p.m. and conduct interviews at 5:05 p.m. on Tuesday, August 19. The motion carried with Chang absent. 19. Subject: Consider amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes--Designated; Torre Avenue between Stevens Creek Blvd and Rodrigues Avenue Recommended Action: Conduct the first reading of Ordinance No. 14-2120, "An Ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes -Designated" Director of Public Works Timm Borden reviewed the staff report. Santoro moved and Chang seconded to read the title by ordinance only and that the City f I City Council Minutes July 15, 2014 Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. REPORTS BY COUNCIL AND STAFF David said that the Mayors and Managers met last week with Carl Guardino regarding the VTA's decision to postpone the ballot measure on transportation improvements until 2016. Mr. Guardino also asked the cities to allow Public Works staff to participate in refining the project list between now and then which we agreed to do. Director of Public Works Timm Borden noted that there would be a Recology tour of the recycling plant in Gilroy on Thursday from 91:00-11:30 a.m. and that Council and staff are invited. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:10 p.m., Mayor Wong noted that the August 5 meeting has been cancelled and adjourned the meeting 'to Tuesday, August 19 at 5:05 p.m. for Housing Commission interviews, Cupertino City Hall, 10300 Torre Avenue. ot 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.c.,uDertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. C I