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CC 06-02-2015 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, June 2, 2015 SPECIAL CITY COUNCIL MEETING ROLL CALL At 3:05 p.m. Mayor Rod Sinks called the Special City Council meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue. Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul Savita Vaidhyanathan, and Gilbert Wong. Absent: None. STUDY SESSION 1. Subject: Study Session on Santa Clara County Potential Transportation Tax Measure for 2016 -Envision Silicon Valley Recommended Action: Receive staff presentation and provide direction on transportation projects to advocate for inclusion in potential 2016 tax measure Written communications for this'item included an email to Council, a PowerPoint presentation from one.of the speakers, and a staff PowerPoint presentation. Director of.Public.Works Timm Borden reviewed the staff report via a PowerPoint presentation and introduced the speakers who would be presenting. Hon. Rod Diridon, Sr., Emeritus Executive Director ,for Mineta Transportation Institute talked about the history of transportation in the Valley and ideas for the future. Nuria Fernandez, General Manager/CEO for Valley Transportation Authority talked about the goals and process'ofEnvision Silicon Valley- ' Carl- Guardino, CEO for Silicon Valley Leadership Group talked about past transportation measure successes and the potential 2016 Initiative. The speakers answered questions from Council. City Council Minutes June,2, 2015 Wong moved and Chang seconded to remove this item from the agenda since no parcels are on the list. The motion carried unanimously. ORAL COMMUNICATIONS Peggy Griffin talked about the Specific Plan areas in the 2040 Community Vision General Plan (GP). Brooke`Ezzat talked about heights and setbacks in the Specific Plan areas in the 2040 Community Vision GP-vs. the.2000-2020 GP. Lisa Warren talked about the upcoming redline version of the General Plan Amendment changes. Liang-Fang Chao talked about the Community Vision 2040 GP. She distributed _her comments for the record. Naomi Nakano-Matsumoto talked about West Valley Community Services and noted that she would be leaving the agency for another position. Steve Scharf.talked about the Nextdoor social media site in Cupertino. Ruth Littmann Ashkenazi proposed Council meetings include a Q&A dialogue between Council and community members. CONSENT CALENDAR Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as presented with the exception of item number 11 which was pulled for discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. 4. Subject:Approve the May 12 City Council minutes Recommended Action: Approve the minutes 5. Subject: Approve the May 19 City Council minutes Recommended Action: Approve the minutes 4 City Council Minutes June 2, 2015 6. Subject: Accept Accounts Payable for period ending April 17, 2015. Recommended Action: Adopt Resolution No. 15-043 accepting Accounts Payable for the period ending April 17, 2015. 7. Subject: Accept Accounts Payable for period ending April 24, 2015 Recommended Action: Adopt Resolution No. 15-044 accepting Accounts Payable for the period ending April 24, 2015 8. Subject: Accept Accounts Payable for period ending May 1, 2015 Recommended Action: Adopt Resolution No. 15-045 accepting Accounts Payable for the period ending May 1, 2015 9. Subject: Accept Accounts Payable for period ending May 8, 2015 Recommended Action: Adopt Resolution No. 15-046 accepting Accounts Payable for the period ending May 8, 2015, 10. Subject: Accept Accounts'Payable for the period ending May 15, 2015 Recommended Action: Adopt Resolution No. 15-047 accepting Accounts Payable for the period ending May 15, 2015 11. Subject: Request from Mrs. Marcia Alicea to sponsor a bench in memory of her mother, Mrs. Virginia Logan at Memorial Park adjacent to the Cupertino Senior Center. Recommended Action: Accept a bench with a special plaque in memory of Virginia Logan from her daughter, Mrs. Marcia Alicea Written communications for this item included a letter to City Manager David Brandt from Mrs. Marcia Alicea. Wong moved and Vaidhyanathan seconded to accept a bench with a special plaque in memory of Virginia Logan from her daughter, Mrs. Marcia Alicea. The motion carried unanimously. 12. Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program and Chess Instruction for the period of August 1, 2015 -June 30, 2016 Recommended Action: Authorize the City Manager to execute a contract with Dan Gertmenian for the Math Olympiad program and Chess Instruction for the one- year period of August 1, 2015 -June 30, 2016 5 City Council Minutes June 2, 2015 13. Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place Restaurant &Bar, 10050 South De Anza Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Cypress Hotel & Park Place Restaurant&Bar, 10050 South De Anza Boulevard SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 14. Subject: Public hearing to consider the Capital Improvement Plan (CIP), including a Negative Declaration pursuant to the California Environmental Quality Act; and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2015-16; and the Adoption of the Recommended Budget; and Establishment of the Appropriation Limit, and related actions Recommended Action: a. Adopt negative declaration EA-2015-01 for the Capital Improvement Plan (CIP) projects described in the FY 2015-16 Recommended Budget b. Adopt Resolution No. 15-048 establishing a special project budget for the Planning and Community Development - Current Planning Construction Plan Check, Code Enforcement and Public Works Inspection Services Programs for costs related to Apple Pass Thru Revenues for Fiscal Year 2015-16 c. Adopt Resolution No. 15-049 establishing an Operating Budget and Capital Budget for Fiscal Year 2015-16 d. Approve the reallocation of $151,920 in funds originally requested for full time staffing in the Administration-City Attorney's program to the contracts e. Approve additional appropriation of $6 million dollars for Public Works-Street Pavement Maintenance and the additional appropriation of $3 million dollars in transfers- out for both the General Fund Capital Reserve to fund the Street Pavement Maintenance costs f. Approve additional allocation of $60,000,for the Administration-City Attorney budget for contract legal costs related to State Route 85 g. Adopt Resolution No. 15-050 establishing an Appropriation Limit for Fiscal Year 2015-16 Written communications for this item included emails to Council, a PowerPoint presentation from the Cupertino Historical Society and a staff PowerPoint presentation. 6 City Council Minutes June 2, 2015 Director of Administrative Services Kristina Alfaro and Finance Manager Lisa Taitano reviewed the staff report via a PowerPoint presentation. Mayor Sinks left the dais at 7:42 p.m. during the presentation of the Apple Campus 2 Pass Thru Revenues slide due to a conflict of interest. He returned to the dais at 7:45 p.m. Staff answered questions from Council. Mayor Sinks opened the public hearing and the following individuals spoke on this item: Annie Yang Jim Griffith, Sunnyvale Mayor and Chair Silicon Valley Community Choice Energy (CCE) Partnership Task Force Diana Argabrite, Director Euphrat Museum of Art at De Anza College Helene Davis, incoming President Cupertino Historical Society Jennifer Griffin Lisa Warren Staff answered additional questions from Council. Initial motion: Paul moved and Wong seconded to remove funding for the Climate Action Plan (CAP) and establish a Sustainability and Resources Commission to review the CAP as well as other resources and sustainability. Chang offered a friendly amendment to keep funding for the CAP and direct staff to agendize an ordinance to establish the new commission. Paul and Wong accepted the friendly amendment. Wong noted that this direction would be part of his motion for item c (adopting resolution establishing Operating Budget and CIP) and Paul withdrew his motion. a. Wong moved and Vaidhyanathan seconded to adopt negative declaration EA- 2015-01 for the Capital Improvement Plan (CIP) projects described in the FY 2015- 16 Recommended.Budget. The motion carried unanimously. Mayor Sinks left the dais at 9:20 p.m. before the next motion regarding Apple Pass Thru Revenues due to a conflict of interest. 7 City Council Minutes June 2, 2015 b. Wong moved and Paul seconded to adopt Resolution No. 15-048 establishing a special project budget for the Planning and Community Development Current Planning Construction Plan Check, Code Enforcement and Public Works Inspection Services Programs for costs related to Apple Pass Thru-Revenues for Fiscal Year 2015-16. The motion carried with Sinks recusing. Mayor Sinks returned to the dais at 9:23-p.m. c. Initial motion: Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-049 establishing ani Operating Budget and Capital Budget for Fiscal Year 2015-16 with an amendment to remove funding for the Mary Avenue Complete Streets Conceptual Design ($400,000) and add the Homestead Road sidewalk project ($90,000). Vaidhyanathan offered a friendly motion to keep the funding for the Mary Avenue Complete Streets Conceptual Design. Wong didn t accept the friendly amendment and Vaidhyanathan withdrew her second. The motion was then seconded by Chang. c. Final motion: Wong moved and Chang seconded and the motion carried with Sinks voting no to adopt Resolution No. 15-049 establishing an Operating Budget and Capital Budget for Fiscal Year 2015-16 with the following amendments: • Remove Mary Avenue Complete Streets project ($3,662,000) • Remove transfer out from Capital Reserve ($3,662,000) • Add Homestead Road Sidewalk;project ($90,000) • Add Homestead Road Sidewalk project transfer out from the Capital Reserve ($90,000) • Direction to bring ordinance to Council creating a Sustainability and Resources Commission to facilitate additional community engagement and vetting of the City's Climate Action Plan d. Wong moved and Paul seconded to approve the reallocation of$151,920 in funds originally requested for full time staffing in the Administration - City Attorney's program to the contracts. The motion carried unanimously. e. Wong moved and Chang seconded to approve additional appropriation of $6 million dollars for Public Works-Street Pavement Maintenance and the additional appropriation of $3 million dollars in transfers out for both the General Fund Capital Reserve to fund the Street Pavement Maintenance costs. The motion carried with Sinks voting no. - 8 City Council Minutes June 2, 2015 f. Wong moved and Chang seconded to approve additional allocation of$60,000 for the Administration-City Attorney budget for contract legal costs related to State Route 85. The motion carried unanimously. g. Wong moved and Sinks seconded to adopt Resolution No. 15-050 establishing an Appropriation Limit for Fiscal Year 2015-16. The motion carried unanimously. Council recessed from 9:51 p.m. to 9:57 p.m. . ORDINANCES AND ACTION ITEMS 15. Subject: Update on Drought State ,of Emergency actions, implemented water conservation measures for City operations, amendments to Cupertino Municipal Code Chapter 15.32 related to water conservation, prohibited uses of water, regulations for water conservation, and proposed regulations Recommended Action: Staff recommends that Council take the following actions: 1) Receive staff presentation on continued Drought State of Emergency; 2) Provide input,to staff on implemented water conservation restrictions for City operations; 3) Conduct the first reading of Ordinance No. 15-2131: "An Ordinance of the City of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code relating to water conservation, prohibited uses ofwater, and water use regulations"; and 4) Provide notice of intent to adopt the draft resolution with 2015-2016 Regulations Restricting Water Use at the second reading of the draft,ordinance Written communications for this item included emails to Council and a staff PowerPoint presentation. Assistant to the City Manager Erin Cooke and Assistant Director of Public Works Roger Lee reviewed the staff report via a PowerPoint presentation. Staff answered questions from Council. Mayor Sinks opened the public testimony and the following individuals spoke on this item: 9 City Council Minutes June 2, 2015 Rachael Gibson from Santa Clara Valley Water District (SCVWD) Office of Government Relations - she also answered questions from Council John Tang from San Jose Water Company—he answered questions from Council SCVWD Director Nai Hsueh—she answered questions from Council. Mike Jerbic City Clerk Grace Schmidt read the title of the ordinance: "An Ordinance of the City of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code relating to water conservation, prohibited uses of water, and regulations for water conservation." Wong moved and Sinks seconded to read Ordinance No. 15-2131 by title only and _ that the City Clerk's reading would constitute the first reading thereof with a minor modification to Section 15.32.080, Violation Penalty, to add the option of an Administrative Citation process. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Regarding the Notice of Intent to adopt a resolution with 2015-2016 regulations restricting water use at the second reading, Council gave direction to provide a budget amendment to supplement the SCVWD Turf Replacement program and add SCVWD recommended language on scheduled watering days per week. 16. Subject: Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove this item from the agenda since no parcels are on the list Under postponements, this item was removed from the agenda. 17. Subject: Consider cancelling meeting(s) in the summer Recommended Action: Provide direction to staff Wong moved and Vaidhyanathan seconded to cancel the July 21 City Council meeting. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 18. Subject: Annual Report on the Pavement Management Program (postponed from May 5) 10 City Council Minutes June 2, 2015 Recommended Action: Receive the report. No action is required Written communications for this item included a staff PowerPoint presentation. Assistant Director of Public Works Roger Lee reviewed the staff report via a PowerPoint presentation. Council received the report. 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:43 p.m., Mayor Sinks adjourned the meeting to June 16 beginning at 5:30 p.m. for a closed session regarding Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9. One case; Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9. One case; Conference with Real Property Negotiators pursuant to Gov't Code Section 54956.8. Property: Cupertino Municipal Water System. Agency negotiator: Timm Borden. Negotiating•parties: City of Cupertino and San Jose Water Company. Under negotiation: Terms for City Leased Asset, Cupertino Council Chamber, 10350 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.cupertiilo.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. 11