Loading...
CC 01-20-2015CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, January 20, 2015 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS Subject: Cancel the Adjourned Special Meeting scheduled for January 21 regarding Council deliberation and to provide staff direction on the Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommended alternatives to proceed with an EIR and direct staff to re -notice the meeting for February 3 at 6:45 p.m. Wong moved and Vaidhyanathan seconded to cancel the Adjourned Special Meeting scheduled for January 21 regarding Council deliberation and to provide staff direction on the Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommended alternatives to proceed with an EIR and direct staff to re -notice the meeting for February 3 at 6:45 p.m. The motion carried unanimously. ORAL COMMUNICATIONS Written communications for this item included an excerpt from Items of Interest (weekly updates given by staff to City Council) dated 12/4/14 regarding Sports Center Equipment Upgrades. City Council Minutes January 20, 2015 Fari Aberg, Volunteer Coordinator for the Cupertino Medical Reserve Corps (MRC) invited residents to sign up to become a volunteer. She also noted some upcoming educational training opportunities and invited Council and residents to participate. Assistant Sheriff Ken Binder introduced Captain Rick Sung as Cupertino's new Chief of Police. Nai Hsueh, Santa Clara Valley Water District Board Director for District 5 urged Council to contact her or her staff with any water issue. Ari Strod distributed a document showing pictures of sports equipment at other sports centers. He expressed displeasure regarding the installation of new TV monitors on the equipment which blocks his view to the outside. Jon Willey talked about high density development and distributed a document showing pictures of recent developments in Cupertino and Sunnyvale, including a computer generation of what 2 million square feet of development would look like at Vallco. Irwin Jacobson asked to be removed from the weed abatement list since he had nothing to abate. He also expressed concern over County staff being allowed to trespass on his property. Note: Weed Abatement is Item Number 16 on the agenda and Mr. Jacobson's comments will be included in the minutes for that item. Liang Fang Chao urged Council to approve a Citywide Park Master Plan before approving any other master plan. She noted that with an increase in population, nine acres of parkland would be required by 2023. Irene Steves speaking on behalf of the Santa Clara County Audubon Society urged Council to select an alternative for the Stevens Creek Corridor Master Plan that would continue to provide safe recreation in park and also enhance and restore the natural ecosystems in the park to the largest extent possible. CONSENT CALENDAR Wong moved and Chang seconded to approve the items on the Consent Calendar as presented except for item numbers 1 and 12, which were pulled for discussion. Paul and Vaidhyanathan noted they would abstain from voting on item number 1 and Wong amended his motion to include their abstention. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: Paul and Vaidhyanathan abstained from voting on item number 1. Absent: None. Recused: None. City Council Minutes January 20, 2015 1. Subject: Approve the November 18 City Council minutes Recommended Action: Approve, the minutes Darrel Lum talked about issues with the legibility .of certain packet attachments online and noted it looked like the.documents had been redacted. City Clerk Grace Schmidt said she would .follow-up with Dr. Lum and the vendor to resolve the issues. Wong moved and Chang seconded to approve the November 18 minutes. The motion carried with Paul and Vaidhyanathan abstaining. 2. Subject: Approve the December 2 Special and Regular City Council minutes and the December 3 Regular Adjourned City Council minutes Recommended Action: Approve the minutes 3. Subject: Approve the December 16 City Council minutes Recommended Action: Approve the minutes 4. Subject: Approve the December 17 City Council minutes Recommended Action: Approve the minutes 5'. Subject: Accept Accounts Payable for period ending December 19, 2014 Recommended Action: Adopt Resolution No. 15-002 accepting Accounts Payable for the period ending December 19, 2014 6. Subject: Waive the advisory body attendance requirement provision and reinstate Russell Leong to the Fine Arts Commission. (Continued from December 16, 2014) Recommended Action: Waive the advisory body attendance requirement provision and reinstate Russell Leong to the Fine Arts Commission 7. Subject: Application for Alcoholic Beverage License for Ramen Mania, 19541 Richwood Drive Recommended Action: Recommend approval for Alcoholic Beverage License for Ramen Mania, 19541 Richwood Drive 8. Subject: Application for Alcoholic Beverage License for Lazy Dog Restaurant, 19359 Stevens Creek Boulevard Recommended Action: Recommend approval' of Application for Alcoholic Beverage License for Lazy Dog Restaurant, 19359 Stevens Creek Boulevard City Council Minutes January 20, 2015 9. Subject: Application for Alcoholic Beverage License for Marukai Market, 19750 Stevens Creek Boulevard Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Marukai Market, 19750 Stevens Creek Boulevard 10. Subject: Application for Alcoholic Beverage License for Shanghai Garden Restaurant, 20956 Homestead Road Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Shanghai Garden Restaurant, 20956 Homestead Road 11. Subject: Budget amendment for the General Plan project Recommended Action: Staff recommends that the City Council 1. Authorize a budget amendment to the General Plan project and 2. Authorize the City Manager to negotiate and execute contracts not to exceed the total approved budgeted amount 12. Subject: Civic Center Master Plan consultant contracts Recommended Action: Staff recommends that the City Council authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014 Liang Fang Chao urged Council to approve a Citywide Park Master Plan based on the Community Vision 2040 policy before spending money on other master plans in order to have enough funds to purchase parkland for future housing development. Director of Public Works Timm Borden and City Attorney Carol Korade noted that this was a procedural item to authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014 and that Council would vote later on approving an actual Civic Center Master Plan. Wong moved to authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014. After further Council discussion, Wong withdrew his motion. Wong moved and Vaidhyanathan seconded to postpone this item to February 3. The motion carried unanimously. 13. Subject: City Project, 2013 STP Overlay Project, Project No. 2013-04 Recommended Action: Accept Project No. 2013-04 City Council I Minutes January 20, 2015 SECOND READING OF ORDINANCES None PUBLIC HEARINGS 14. Subject: Cupertino's Climate Action Plan to achieve state recommended greenhouse gas emissions reductions goals outlined in Assembly Bill 32: California' Global Warming Solutions Act of .20.06 and associated Environmental Review, (Addendum to the Environmental Impact Report prepared for 2040 General Plan) Recommended Action: Adopt Resolution No. 15-001 for the Addendum to the 2040 General Plan Environmental Impact Report (EIR) and Cupertino's ,Climate Action Plan (CAP) (Attachment A, Exhibit 1 and 2) Written communications for this item included Appendix C of the Climate Action Plan and a staff PowerPoint presentation. Assistant to the City Manager Erin Cooke reviewed the staff report 'via a PowerPoint presentation and answered 'questions from Council. Mayor Sinks opened the public hearing. There we no speakers and Mayor Sinks closed the public hearing. Wong moved and Paul seconded to adopt Resolution No. 15-001 for the Addendum to the 2040 General Plan Environmental Impact Report (EIR) and Cupertino's Climate Action Plan (CAP) (Attachment A, Exhibit 1 and, 2). The motion carried unanimously. Council recessed from 8:40 p.m. to 8:45 p.m. 15. Subject: Appeal of a Planning Commission approval of a personal wireless service facility at Cupertino High School (Continued from December 16, 2014) Recommended Action: Staff recommends that the City Council deny the appeal of the Planning Commission's August 26, 2014 approval Description: Application No(s): DIR-2014-27, EXC-2014-06; Applicant(s): NSA Wireless/Verizon Wireless (Fremont Union High School District); Appellant(s): Muzhou Shao, Huijing Cao, Luwen Lin; Location: 10100 Finch Ave; Appeal of a Planning Commission approval to allow the construction of a personal wireless service facility consisting of six panel antennas mounted on an existing sports field light pole and a base equipment station located in a sports field building and an emergency generator located in a fenced area on a concrete pad at a high school (Cupertino High , School); Height Exception to allow the installation of six panel City Council Minutes January 20, 2015 antennas of a proposed personal wireless service facility at a height of 74, 6" or less on an existing sports field light pole at a high school Written communications for this item included various emails to Council; a packet from Mackenzie & Albritton LLP; a supplemental staff report; and a staff PowerPoint presentation. Associate Planner Colin Jung reviewed the staff report via a PowerPoint presentation and answered questions from Council. Rajat Mathur from Hammett & Edison, Inc., RF Engineering for Wireless and Broadcast, answered questions from Council. Appellants Muzhou Shao, Huijing Cao, and Luwen Lin presented their appeal to Council. Jim Heard, attorney representing Verizon introduced other people from Verizon who could answer any questions. He talked about why Council should approve the cell tower, issues raised by the appeal, and issues raised by federal law. He answered questions from Council. Mayor Sinks opened the public hearing. The following individuals spoke regarding the appeal: Feng Ye Peter Friedland from Cupertino Technology, Information, and Communications Commission (TICC) Rod Livingood from TICC Wengnang Wang Yu Hong Maolin Long Council recessed from 10:37 p.m. to 10:44 p.m. Arthur Lu Jinyuan Qiao Felix Lin Ruby Lin Bingfeng Cheng Pamela Nobel from Verizon answered questions from Council Yanping Zhao City Council Minutes January 20, 2015 Yuke Liu Christina .Shao Sean Shao Mayor Sinks closed the public hearing. .Council asked additional questions and deliberated. Wong moved and Sinks seconded to deny the appeal of the Planning Commission's August 26, 2014 approval of a personal wireless service facility at Cupertino High School. The motion carried with Chang voting no. ORDINANCES AND ACTION ITEMS 16. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 14-223 Recommended Action: Note objections and adopt the Resolution No. 15=003 ordering abatement of a public nuisance (weeds) City Clerk Grace Schmidt reviewed the staff report. As noted under Oral Communications, Irwin Jacobson asked to be removed from the weed abatement list since he had nothing to abate. He also expressed concern. over County staff being allowed to trespass on his property. County Weed Abatement Coordinator Moe Kumre further explained the inspection process and addressed Mr. Jacobson's concerns. Wong moved and Chang seconded to adopt Resolution No. 14-223 ordering the abatement of a public nuisance (weeds) noting the one" objection from Mr. Jacobsen. The motion carried unanimously. 17. Subject: Ordinance amending Chapter '2:36 of the "Cupertino Municipal Code regarding the. Parks and Recreation Commission Recommended Action: Conduct the first reading of Ordinance No. 15-2127: "An Ordinance of the City Council of the City of Cupertino amending Section 2.36.303 Members -Vacancy or Removal, Section .2.36.070 Records Required, and Section 2.36.080 Powers and Functions, of the Cupertino Municipal Code regarding the Parks and Recreation Commission" City Council Minutes January 20, 2015 Director of Recreation and Community Services Carol Atwood reviewed the staff report. Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2127 by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. REPORTS BY COUNCIL AND STAFF 18. Subject: Present Construction Project Update Report Recommended Action: Receive Project Update Report Written communications for this item included a staff PowerPoint presentation. Director of Public Works Timm Borden gave the Construction Project Update Report via a PowerPoint presentation. Council received the presentation. City Manager David Brandt noted that there would be a public workshop on the General Plan Amendment (GPA) on February 4 at Community Hall beginning at 6:30 p.m. He also reminded staff and Council that there would be mandatory workplace violence training on January 21 beginning at 9:45 a.m. in Community Hall. Council members highlighted the activities of their committees and various community events. Council asked staff to reach out to Valley Transportation Authority (VTA) regarding the express lane proposal and when the environmental review document would be certified. ADJOURNMENT At 12:48 a.m. on Wednesday, January 21, Mayor Sinks adjourned the meeting to Monday, January 26 beginning at 5:30 p.m. for Commission Interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue. City Council Minutes January 20, 2015 ell F 4 0 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.cul2ertino.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, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.