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CC 05-05-2015 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, May 5, 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 1. Subject: Annual update from Teen Commission Recommended Action: Receive update - Written communications for this item included a PowerPoint presentation. Teen Commissioner Chair Hershey (Harshitha) Sriraman and Vice Chair Justin (Taeyoung) Yun gave an update on the commission's activities over the past year via a PowerPoint presentation. Mayor Sinks reported out on the Special Meeting Closed Session that was held at 5:00 p.m. Subject: Conference with legal counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9. Number of Cases: One Mayor Sinks announced that the City is considering initiating a lawsuit against Caltrans for failure-to do an EIR (including.studying alternatives)-on the Highway 85 Toll/Express Lane project. City Council Minutes May 5, 2015 Subject: Conference with legal counsel - Existing Litigation (Paragraph (1) of subdivision (d) of Gov't Code 54956.9. Two Cases: Bay Area Clean Environment, Inc. v. Santa Clara County, et al (Case No. 112CV229236) and U.S. v. Lehigh Southwest Cement Co. and Hanson Permanente Cement, Inc., (Case No. 5:15CV01896) Mayor Sinks announced that on the Federal Case of U.S. v. Lehigh Southwest Cement Co. and Hanson Permanente Cement, Inc., (Case No. 5:15CV01896), Council gave direction to send a letter supporting the consent decree. POSTPONEMENTS -None ORAL COMMUNICATIONS Peggy Griffin read an email from Planning Commissioner Paul Brophy to City Council dated October 27, 2014 discussing the General Plan Amendment (GPA). She distributed written comments for the record. Arthur Lu talked about Priority Development Area (PDA) in Cupertino as it relates to the Housing Element. Liang-Fang Chao talked about the GPA process. She distributed written comments for the record. Jon Willey talked about the GPA process. He distributed written comments for the record. Adhvik, Nancy, Kevin, and Aaron, students from Miller Middle School, talked about their school science project on human population growth. Lisa Guinn talked about the Cupertino street tree program. She distributed written comments for the record. Tim Brand talked about the Environmental Protection Agency (EPA) announcement_ regarding a penalty to Lehigh for polluting. .Randy Shingai talked about the 2007-2014 Regional Housing Need Allocation as it relates to Cupertino. He distributed written comments for the record. Ari Strod talked about. issues with the Cupertino Sports Center new TV monitors installed on the cardio equipment. Director of Recreation and Community Services Carole City Council Minutes May 5, 2015 Atwood noted .that staff is currently .surveying all of the Sports Center members regarding the new monitors and that she would provide those results to Mr. Strod. Lisa Warren talked about the GPA process and issues with community benefits. Karen Del Compare talked about the EPA action against Lehigh and urged Council to stay involved in this issue. Cathy Helgersen talked about the settlement agreement with Lehigh. She distributed written comments for the record. Sindura Sriram, Vivian Hu, Shiv Nair, and Toby Levy, Monta Vista High School students, talked about Cupertino's composting ordinance and noted that their school's composting proposal had been chosen in a contest and they were given a$1,000 for implementation at their school. Xiaowen Wang talked about development and urban implementation. She distributed written comments for the record. CONSENT CALENDAR Wong moved and Chang seconded to approve the items on the Consent Calendar. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None: Abstain: None. Absent: None. 2. Subject: Approve the April 21 City Council minutes Recommended Action: Approve minutes 3. Subject: As part of a reorganization of Public Works' mechanic shop, add a Lead Equipment Mechanic classification to the City's classification plan r Recommended Action: Adopt Resolution No. 15-032 authorizing the City Manager to add a Lead Equipment Mechanic classification to the City's classification plan 4. 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. 15-033 declaring brush to be a public - nuisance and potential fire hazard and setting the hearing date for June 2 5. Subject: Joint Exercise of Powers Agreement: Workforce Development Services for the North Valley ("NOVA")Job Training Consortium City Council Minutes May 5, 2015 Recommended Action: Authorize the City Manager to execute a Joint Exercise of Powers Agreement: Workforce Development Services for the North Valley ("NOVA")Job,Training Consortium to include the addition of San Mateo County. 6. Subject: Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2015 2016 Recommended Action: Adopt Resolution No. 15-035 approving the annual renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2015-2016 7. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street improvement projects Recommended Action: Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $431,000 from the date of execution through June 30, 2016, and authorize the Director of Public Works to execute all necessary documents to carry out all phases of the various. street improvement projects SECOND READING OF ORDINANCES -None PUBLIC HEARINGS - 8. Subject: Nexus Study, Housing Mitigation Fees and Procedural Manual Updates Recommended Action: The Housing Commission recommends that the City Council adopt the proposed housing mitigation fees for residential and non- residential development per draft Resolution No. 15-036 (Attachment A); and adopt the updated Below Market Rate (BMR) Housing Mitigation Program Procedural Manual per . draft Resolution No. 15-037 (Attachment B) Written communications for this item included emails and letters to City Council and a staff PowerPoint presentation. Senior Planner C.J. Valenzuela reviewed the staff report via a PowerPoint presentation. Staff and special outside Counsel Barbara Kautz from Goldfarb & Lipman answered questions from Council. City Council Minutes May 5, 2015 The following individuals spoke on this item: Melissa Goldman on behalf of Bend the Arc, South Bay Chapter Kevin Zwich, CEO Housing Trust of Silicon Valley Liang-Fang Chao Xiaowen Wang—distributed written comments for the record Poncho Guevara, Executive Director Sacred Heart Community Service Charisse Ma Lebron, Director of Community Development and Health Policy with Working Partnerships USA Tom Avvakumovits, Director of Human Resources with Fremont Union High School District (FUHSD) Kevin McClelland on behalf of Cupertino Chamber of Commerce — also answered questions from Council Leslye Corsiglio, Board member Northern California Association of Nonprofit Housing (NPH) Goving Tatachari Anu Natarajan, Director of Policy and Advocacy with Mid-Pen Housing Peggy Griffin—distributed written comments for the record Kathy Robinson on behalf of Charities Housing Wendy Ho on behalf of United Way Silicon Valley Dennis Martin on behalf of BIA Bay Area Randy Shingai— distributed written comments for the record Erik Fong, Vice Chair.San Jose Parks &Recreation Commission Albert Wang, owner Marina Food and Plaza Chris Huung on behalf of Marina Food and Plaza Jessica Epstein on behalf of Silicon Valley Association of Realtors Naomi Nakano-Matsumoto on behalf of West Valley Community Services Dolly Sandoval, former mayor of Cupertino Jennifer Griffin Lisa Warren Mark Burns Anne Ng Staff answered questions from Council and Council deliberated. Paul moved and Wong seconded to adopt Resolution No. 15-036 accepting staff's recommendation with the exception of owner occupied dwelling units to go with the Housing Commission recommendation of $20 per square foot and to phase in the fees over 6 months rather than 60 days. City Council Minutes May 5, 2015 Council deliberated further and Paul amended his motion (accepted by the seconder). The final motion was to adopt Resolution No. 15-036 adopting the proposed " housing mitigation fees for residential and non-residential development, effective July 6, 2015, accepting staff's recommendation across the board with the exception of the Housing Commission recommendation of $20.00 per square foot for higher density (> 35 du/ac) multi-family ownership development. The motion carried unanimously. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-037 adopting the updated Below Market Rate (BMR) Housing Mitigation Program Procedural Manual. The motion carried unanimously. 9. Subject: Fiscal Year 2015-16 Fee Schedule Recommended Action: Adopt Resolution No. 15-038 approving the 2015-16 Fee Schedule Written communications for this item included a staff PowerPoint presentation. Finance Manager Lisa Taitano reviewed the staff report via a PowerPoint presentation. Staff answered questions from Council. Sinks moved and Wong seconded to postpone adoption of the Fee Schedule except Housing Mitigation Fees as discussed in the prior item until a comprehensive fee study is complete. The motion carried unanimously. Council recessed from 11:07 p.m. to 11:11 p.m. 10. Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development on Foothill Boulevard (continued from April 7) Recommended Action: Hear the appeal and uphold the Planning Commission decision to approve the project and adopt Draft Resolution No. 15-022 (DP-2014- 08), Draft Resolution No. 15-023 (ASA-2014-13) and Draft Resolution, No. 15-024 (TR-2014-60) 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); City Council Minutes May 5, 2015 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 emails to Council, plan sets, and a staff PowerPoint presentation. Assistant Planner Gian Martire reviewed the staff report via a PowerPoint presentation. Staff answered questions from Council. Each Council member noted for the record that he or she had met with at least one neighbor at the project site and has the ability to act with complete impartiality and will exercise his or her authority and judgment for the benefit of the public as a whole. Mayor Sinks opened the public testimony and the following individuals spoke on this item: Sangeeta Peris Jonathan Chang Wilson Chang Kevin McClelland on behalf of the Cupertino Chamber of Commerce Meera Ramanatnan Alan Brauner representing arborist Catherine Nagel Kate-Brauner- distributed written comments for the record Elaine Lu Thomas DeFranco Liang-Fang Chao Darrel Lum Terry Brown representing the developer Robert Adziz Robert Adzich owner and developer of the_property Robert McCoy Wong moved and Vaidhyanathan seconded to deny the' appeal and uphold the Planning Commission recommendation; and adopt Resolution No. 15-022 (DP-2014-08), Resolution No. 15-023 (ASA-2014-13), and Resolution No. 15-024 (TR-2014760); and City Council Minutes May 5, 2015 directed staff to include a two year tree monitoring program and tree protection measures to ensure that the existing trees on the project site and the large coast live oak tree on the neighboring parcel survive the development and to have the applicant contribute to the funding and conducting of a warrant study; work with the developer to conduct a traffic signal warrant study for the intersection of Foothill Boulevard and Alpine Drive; analyze the benefit of installing a crosswalk across Vista Knoll Boulevard at Foothill Blvd. and study if a crossing guard is warranted at this location; install a radar speed sign at an appropriate location on Foothill Boulevard; and assist the adjacent neighborhood with procedures to request permit parking. The motion carried with Chang voting no. Chang noted for the record that he was voting no because of the potential liability of public safety issues on Foothill Boulevard due to truck traffic. Wong moved and Paul seconded to postpone agenda item numbers 13-15 to a future date at the City Manager's discretion and to not hear item number 16. . The motion carried unanimously. The Mayor reordered the agenda to hear item number 12 next. ORDINANCES AND ACTION ITEMS 12. Subject: Amendments to Chapter 6.24, to require the collection of business generated organic waste consistent with the diversion goals required of the State and as established in the amended Franchise Agreement; and amendments to Chapter 9.16 to ensure adequate areas are available to separate and store solid waste Recommended Action: Conduct the first reading of Ordinance No. 15-2130: "An Ordinance of the City of Cupertino amending Chapter 6.24 of Title 6 and Chapter 9.16 of Title 9 of the Cupertino Municipal Code relating to solid waste including organic waste" Written communications for this item included a staff PowerPoint presentation. i Assistant Director of Public Works Roger Lee reviewed the staff report via a PowerPoint presentation. Staff and John Zirelli from Recology answered questions from Council. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Paul seconded to read Ordinance No. 15-2130 by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: City Council Minutes May 5, 2015 Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Item number 11 was heard next. 11. Subject:-Architectural and Site Approval for the Major Retail and Shop 6 buildings, the Public Park, and Gateway Features with associated site improvements at Main Street Cupertino (re-noticed from April 7) Recommended Action: That the City Council adopt Resolution No. 15-039 approving ASA-2014-11 for the Major Retail and Shop 6 buildings; adopt Resolution No. 15-040 approving ASA-2015-05 for a minimum 0.75 acre public .park; and adopt Resolution No. 15-041 approving ASA-2014-16 for gateway features Description: Application No(s)! ASA-2014-11, ASA-2014-16, ASA-2015-05; Applicant(s): Dean Isaacs Sand Hill Property Company, Main Street Cupertino Aggregator, LLC; Location: 19479 & 19499 Stevens Creek Blvd, city boundary at Tantau Avenue and Stevens Creek Boulevard; Architectural and Site approval for final refinements to the previously approved major retail and Shops 6 buildings for the Main Street Cupertino project; Architectural and Site' approval for final refinements to the previously approved .75 acre park for the Main Street Cupertino project; Architectural and Site approval for a proposed gateway feature near the intersection of Tantau Avenue and Stevens Creek Boulevard Written communications for this item included a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao and Associate Planner Tiffany Brown reviewed the staff report via a PowerPoint presentation. Council recessed from 1:56 a.m. to 1:59 a.m. Staff noted .a correction to the application numbers as .shown onr the agenda, explaining that the numbers are correct in the staff report and draft resolutions: Major Retail and Shop 6 buildings (ASA-2014-11) Minimum 0.75 acre Public Park (ASA-2014-16) Gateway features (ASA-2015-05) Applicant Dean Issaacs from Sand Hill Properties introduced the consultants on the project: Architect Clilff.Chang; Gary Laymon from The Guzzardo Partnership; and Joanne Jen from RTKL. They talked about various aspects of the project City Council Minutes May 5, 2015 including the shops, the park, and the gateway feature and answered questions from Council. Mayor Sinks opened the public testimony and the following individuals spoke on this item:' Jennifer Griffin Lisa Warren Peggy Griffin Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-039 approving ASA-2014-11 for the Major Retail and Shop 6 buildings. The motion carried with Chang voting no. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-040 approving ASA-2014-16 for a minimum 0.75 acre public park. The motion carried with Chang voting no. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-041 approving ASA-2015-05 for gateway features (as agreed to be amended from the original motion) with the revision to remove the gateway feature located at the southwest corner of Tantau and Stevens Creek Boulevard, look into possibly relocating the feature to the southwest corner of Vallco parkway and Tantau Avenue, and ensure the maintenance agreement addresses the replacement timing (within one week) if the feature is vandalized or broken. The motion-carried with Chang voting no. Chang noted for the record that he was.voting no on the project because he believes the gateway feature should be more visible and he wasn't satisfied with the architecture for the main shop. REPORTS BY COUNCIL AND STAFF 13. Subject: 2015 Cupertino Water Conservation Update and Proposed Water Conservation Policy for City Operations Recommended Action: Receive staff presentation on continued Drought State of Emergency including emergency conservation regulations recommended by the Santa Clara Valley Water District (SCVWD) and potentially required water conservation reductions by the California Public Utilities Commission (CPUC) to Cupertino water retailers; and provide input to staff on proposed water conservation policy for City operations City Council Minutes May 5, 2015 .As noted above, Wong moved and Paul seconded to postpone this item to a future date at the City Manager's discretion..The motion carried unanimously. 14. Subject: Construction Project Update Report Recommended Action: Receive Construction Update Report As noted above, Wong moved and Paul seconded to postpone this item to a future. date at the City Manager's discretion. The motion carried unanimously. 15. Subject: Annual Report on.the Pavement Management Program Recommended Action: Review the report. No.action is required As rioted above, Wong moved and Paul seconded to postpone this item to a future date at the City Manager's discretion. The motion carried unanimously. 16. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments As noted above, Wong moved and Paul seconded to not hear this item. The motion carried unanimously. ADJOURNMENT At 3:19 a.m. on Wednesday, May 6, Mayor Sinks adjourned the meeting to Tuesday, May 12 at 3:00 p.m. for a closed session on Conference with Legal Counsel - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case, followed by a budget study session. 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, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.