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CC 04-07-2015 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, April 7, 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. r CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: 2015 Arbor Day Proclamation Recommended Action: Present proclamation Mayor Sinks presented the proclamation to Cupertino Public Works Supervisor Jonathan Ferrante. 2. SubJect: Presentation by Santa Clara County Fire Department (SCCFD) and El Camino Hospital regarding the "Find the AED Contest" Recommended Action: Receive the presentation Written communications for this item included a flyer regarding the "Find the AED Contest." Stephanie Stuehler Public Information Officer for the Santa Clara County Fire Department talked about the "Find the AED Contest" and showed a video with Mayor Sinks explaining how to use the Pulse Point app: Brenda Taussig from El Camino Hospital said that the hospital supports the app and the contest. Council received the presentation. City Council Minutes April 7, 2015 POSTPONEMENTS 3. Subject: Update of Master Street Tree List Recommended Action: Continue this item to April 21st Wong moved and Vaidhyanathan seconded to continue the update of the Master Street Tree list to April 21. The motion carried unanimously. 4. Subject: Main Street major retail and shop 6 buildings, park space and gateway feature (This item will tentatively be heard on May 5 and will be re-noticed) Wong moved and Paul seconded to re-notice the Main Street major retail and shop 6 buildings, park space and gateway feature for May 5. The motion carried unanimously. ORAL COMMUNICATIONS Ezekiel Norman, student at Miller Middle School talked about over-crowdedness in Cupertino schools. Peggy Griffin talked about over-crowdedness in Cupertino schools and urged Council to consider this impact when rezoning. She distributed her written comments for the record. Steven Scharf talked about over-crowdedness in Cupertino schools due to rezoning for large amounts of office space and subsequent need for more housing and urged Council to consider this when rezoning. Jon Willey talked about the survey on building planes and heights which noted that residents responded to have no change to building heights and planes. He urged Council to consider the residents wishes when discussing the General Plan Amendment (GPA). Liang-Fang Chao talked about uncontrolled growth and much current construction in Cupertino affecting air quality, noise, traffic, and overcrowding in schools. She urged Council to wait until 2020 to discuss changes to the GPA. She distributed her written comments for the record. Arthur Lu talked about the Valley Transportation Authority (VTA) assignment in 2012 of a Priority Development Area (PDA) in Cupertino and showed a map noting the area. He urged Council to notify the community about this. City Council Minutes April 7, 2015 Lisa Warren asked that the noticing for the GPA postponement to May 19 happen before April 21. She also talked about the Main St. project noting that the look and feel of the architecture doesn't match what was originally proposed and approved in 2012. Govind Tatachari talked about concern over unbalanced growth affecting quality of life and that mitigation measures won't be enough due to limited resources and population growth. He distributed his written comments for the record. Xiaowen Wang talked about school facilities and portables already being over-capacity and the School District not having enough money to build more classrooms. She distributed her comments for the record. CONSENT CALENDAR Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar with the exception of item numbers 13 and 14 which were pulled for discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: Vaidhyanathan abstained on item number 5. Absent: None. 5. Subject: Approve the March 17 City Council minutes Recommended Action: Approve minutes Written communications for this item included an amendment to the minutes. 6. Subject: Accept Accounts Payable for period ending March 13, 2015 Recommended Action: Adopt Resolution No. 15-018 accepting Accounts Payable -for the period ending March 13, 2015 7. Subject: Accept Accounts Payable for period ending March 20, 2015 Recommended Action: Adopt Resolution No. 15-019 accepting Accounts Payable for the period ending March 20, 2015 8. Subject: Third Amendment to the Employment Contract for the City Attorney Recommended Action: Approve the amendment to the employment contract for the City Attorney 9. Subject: Application for Alcoholic Beverage License for Fresh Pixx, 20080 Stevens Creek Boulevard, Suite 106 Recommended Action: Recommend approval of the Alcoholic Beverage Control License to the California Department of Alcoholic Beverage Control for Fresh Pixx, 20080 Stevens Creek Boulevard, Suite 106 City Council Minutes April 7, 2015 10. Subject: Application for Alcoholic Beverage License for Lyfe Kitchen, 19399 Stevens Creek Boulevard, Suite 106 Recommended Action: Recommend approval of the Alcoholic Beverage Control License to the "California Department of Alcoholic Beverage Control for Lyfe Kitchen, 19399 Stevens Creek Boulevard, Suite 106 11. Subject: Application for Alcoholic. Beverage License for I Sushi & Grill, 20371 Stevens Creek Boulevard, Recommended Action: Recommend approval of the Alcoholic Beverage Control License to the California Department of Alcoholic Beverage Control for I Sushi & Grill, 20371 Stevens Creek Boulevard 12. Subject: Approval of the Countywide AB 939 Agreement and of the Agreement to participate in the Countywide Household Hazardous Waste (HHW) Program Recommended Action: a. Adopt Resolution No. 15-020, authorizing execution of the Agreement for Countywide AB 939 Implementation Fee for FY 2016-2018; and b. Adopt Resolution No. 15-021, authorizing execution of the Agreement for Countywide Household Hazardous Waste Collection Program for FY 2016-2018 13. Subject: Monta Vista Storm Drain Improvements Project, No. 2004-9620 Recommended Action: Authorize the City Manager to award a contract to Casey Construction, Inc. of Emerald Hills, CA in the amount of$1,423,980; and approve a construction contingency of$285,000 (20%) for a total of$1,708,980 Senior Civil Engineer Chad Mosley answered questions from Council on this item. Chang moved and Wong seconded to authorize the City Manager to award a contract to Casey Construction, Inc. of Emerald Hills, CA in the amount of $1,423,980; and approve a construction contingency of $285,000 (20%) for a total of $1,708,980. The motion carried unanimously. 14. Subject: 2014 Sidewalk Accessibility Improvements, Project No. 2014-15, authority to award construction contract Recommended Action: Authorize the City Manager to award the construction contract plus a 10% contingency if the bids are within the established budget and there are no unresolved bid protests City Manager David Brandt answered questions from Council on this item. City Council Minutes April 7, 2015 Chang moved and Wong seconded to authorize the City Manager to award the construction contract plus a 10% contingency if the bids are within the established budget and there are no unresolved bid protests. The motion carried unanimously. SECOND READING OF ORDINANCES 15. Subject: An Ordinance of the City Council of the City of Cupertino Amending Section 11.32 of the Cupertino Municipal Code Relating to Truck Traffic Routes (second reading) Recommended Action: Conduct second reading and enact Ordinance No. 15-2128: "An Ordinance of the City Council of the City of Cupertino amending Chapter 11.32 of the Cupertino Municipal Code to restrict truck access to streets adjacent to public schools during certain hours" Senior Civil Engineer David Stillman reviewed the staff report. Staff and Deputy Sheriff answered questions from Council. Council requested that staff return with a report analyzing the feasibility of including Foothill Blvd. within the ordinance, and revisiting Rainbow Drive between Stelling and Bubb including looking at other similar streets that could potentially be included. Wong moved and Chang seconded to read Ordinance No. 15-2128 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Chang seconded to enact Ordinance No. 15-2128. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 16. Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development on Foothill Boulevard Recommended Action: Hear the appeal and uphold the Planning Commission decision to approve the project based on Draft Resolution 15-022 (DP-2014-08), Draft Resolution 15-023 (ASA-2014-13) and Draft Resolution 15-024 (TR-2014-60) City Council Minutes April 7, 2015 Description: Application(s): DP-2014-08, ASA-2014-13, TR-2014-60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna; Applicant(s): Terry Brown (D&B Legacy, LLC); Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning Commission approval of a Development Permit to allow the construction of a two-story 15 unit apartment complex; Architectural and Site approval to allow the construction of a 15 unit apartment complex housed within 3, two-story buildings with underground parking; Tree Removal Permit to allow the removal and replacement of 6 trees to facilitate the construction of a new apartment complex Written communications for this item included an email from Catherine Chamberlain and a staff PowerPoint presentation. Assistant Planner Gian Martire reviewed the staff report via a PowerPoint presentation. Staff answered questions from Council. The following appellants and other individuals spoke on this item: Wilson Chang Heather Dean Jonathan Chang Thomas DeFranco Bo Chang Lyn Faust Kalyan Ramanathan Elena Herrera Alan Brauner Meera Ramanatna Elaine Lu Lisa Warren Kate Brauner Their comments included: Reduce density of units; safety, privacy, security, pollution, and traffic issues; reduce elevation 4 feet; raise fence 2 feet; potential for future lawsuits; sight distance not enough creating hazardous conditions and potential for accidents; no guest parking and potential encroachment onto neighboring street; car trip count underestimated; architecture design doesn't fit the existing area; and save the Oak tree. Robert Adzich, owner and developer of the project from D&B Legacy, talked about the project including building more one-bedroom units to avoid impact to schools; I City Council Minutes April 7, 2015 privacy mitigations; setbacks meeting city guidelines; planting additional Oak trees; and other mitigations. Ray Welter, architect on the project from Studio T-Square, talked about the project including it being a gateway to Cupertino; siting the building to open to the street; maintaining existing tree buffers; exceeding height and setback even by R1 standards; and choosing architecture design materials that were already found in the neighborhood. Terry Brown, developer, talked about current plans for the project including lowering the entire site an average of 4 feet especially at the southerly portion; cutting 7 feet off the southerly portion; taking off 4000 cubic yards from the site; open to trying to save the Oak tree if possible; and replacing it with whatever Council wants if it can't be saved. The applicant and staff answered questions from Council. Council recessed from 9:45 p.m. to 9:50 p.m. Gary Black with Hexagon Transportation Consultants Inc., the company that did the traffic study, answered questions from Council. Alan Brauner, an earlier speaker answered questions from Council. Mark Helton, Civil Engineer with Giuliani & Kull, Inc., answered questions from Council regarding the California Environmental Quality Act(CEQA). Wong moved and Paul seconded to continue this item to May 5 and directed staff to address driveway safety, tree removal, privacy mitigation, accurate renderings, additional guest parking, and sight line study. The motion carried unanimously. 17. Subject: 2015-20 Community Development Block Grant (CDBG) Program Consolidated Plan, 2015-16 Annual Action Plan and 2015-16 Grant Funding Allocations Recommended Action: Conduct Public Hearing; and 1) Adopt Draft Resolution No. 15 025 approving the 2015-20 Community Development Block Grant (CDBG) Program Consolidated Plan, 2015-16 CDBG Annual Action Plan and; 2) Adopt Draft Resolution No. 15-026 approving the 2015-16 CDBG, General Fund Human Service Grants (HSG) Program and Below Market-Rate (BMR) Affordable Housing Fund (AHF) funding allocations City Council Minutes April 7, 2015 Written communications for this item included a handout from West Valley Community Services and a staff PowerPoint presentation. Senior Planner Q Valenzuela reviewed the staff report via a PowerPoint presentation. Sujatha Venkatraman from West Valley Community Services talked about the programs and urged Council to adopt the resolution per staff's recommendation. She handed out a flyer for an upcoming volunteer celebration event. Matthew Lewis from MidPen Housing and Cupertino Community Housing for the Disabled which owns Le Beaulieu Apartments thanked Council for past support and urged continued support for the program. Wong moved and Paul seconded to adopt Resolution No. 15 025 approving the 2015-20 Community Development Block Grant (CDBG) Program Consolidated Plan and 2015-16 CDBG Annual Action Plan. The motion carried with Chang absent from the dais. Wong moved and Paul seconded to adopt Resolution No. 15-026 approving the 2015-16 CDBG, General Fund Human Service Grants (HSG) Program and Below Market-Rate (BMR) Affordable Housing Fund (AHF) funding allocations. The motion carried with Chang absent from the dais. 18. Subject: Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road Recommended Action: Conduct a public hearing and adopt Resolution No. 15-027 vacating a portion of Cordova Road Senior Civil Engineer Chad Mosley reviewed the staff report. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-027 vacating a portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 19. Subject: Cupertino's Safe Routes to School Task Force is a coordinated effort between the City, the Cupertino Union School District and the Fremont Union High School District to change community behavior, attitudes, and social norms to City Council Minutes April 7, 2015 make it safer for all students to walk and bike to and from school through both programs and infrastructure projects Recommended Action: Staff recommends that the Council adopt Resolution No. 15-017 in support of the Safe Routes to School National Partnership Consensus Statement (Attachment B) which lays the foundation to launch Cupertino's Safe Routes to School Task Force Pilot Program. Description: This effort will formally ally the City and School Districts to team with relevant stakeholders to educate school site administrators, parents, and students about bicycle safety; build multigenerational pedestrian and cyclist awareness; and mitigate traffic concerns by promoting a comprehensive, proactive behavior and infrastructure-based approach to securing safety along school routes and within school sites Written communications for this item included a staff PowerPoint presentation. Assistant to the City Manager Erin Cooke reviewed the staff report via a PowerPoint presentation. Cynthia Cheung talked about feeling encouraged by this task force and suggested that parents are educated about biking to school as well as the students. She noted that she will be the Monta Vista High School Traffic Committee co-chair. Elena Herrera talked about adding additional signage on streets to help cars and bicycles share the road as well as educational signs regarding the green bike lane striping. She urged Council to continue funding for school crossing guards. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-017 supporting the Safe Routes to School National Partnership Consensus Statement which lays the foundation to launch Cupertino's Safe Routes to School Task Force Pilot Program. The motion carried unanimously. 20. Subject: An Ordinance of the City Council of the City of Cupertino Amending Sections of Chapter 2.40 of the Cupertino Municipal Code Relating to Disaster Council Recommended Action: Conduct First Reading of Ordinance No. 15-2129: "An Ordinance of the City Council of the City of Cupertino amending sections of Chapter 2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role of the Disaster Council and for other clarifications Director of Recreation and Community Services Carol Atwood reviewed the staff report. City Council Minutes April 7, 2015 Council amendments to the ordinance for the second reading included: • Mayor appointee is chair and City Manager appointee is vice chair • Membership to also include one representative from Community Emergency Response Team (CERT), Medical Reserve Corps (MRC), Cupertino Amateur Radio Emergency Services (CARES), Public Safety Commission, police, fire, department heads, and 3 -5 business members • Change "director" to "chair" in subsection d of 2.40.025 Wong moved and Chang seconded to read Ordinance No. 15-2129 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 21. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council asked staff to verify the deadline for submission of projects to VTA to be funded through a ballot measure. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 12:17 a.m. on April 8, Mayor Sinks adjourned the meeting to April 21 at 6:45 p.m. in memory of Officer Michael Johnson from the City of San Jose who was killed in the line of duty last week. 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 City Council Minutes April 7, 2015 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.