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CC 05-19-2015 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, May 19, 2015 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE i At 6:50 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 -None ORAL COMMUNICATIONS Wong moved and Vaidhyanathan seconded to move Oral Communications to the end of the agenda. The motion carried with Chang voting no. CONSENT CALENDAR Wong moved Vaidhyanathan seconded to approve the items on the Consent Calendar. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None. 1. Subject: Approve the May'2 City Council minutes Recommended Action: Approve minutes 2. Subject: Approve the May 5 City-Council minutes Recommended Action: Approve minutes City Council Minutes May 19, 2015 3. Subject: Approval of the Third Quarter Financial Report for Fiscal Year 2014-2015 and increased budget appropriations Recommended Action: 1. Approve the Third Quarter Financial Report for Fiscal Year 2014-2015; and 2. Approve increased budget appropriations of $170,000 for the Planning and Community Development, Municipal Code Enforcement budget 4. Subject: Award of the Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project Recommended Action: Authorize the City Manager to award a contract to Con- Quest Contractors Inc., in the amount of $1,456,941 and approve a construction contingency of$250,000, for a total of$1,706,941 5. Subject: 2015 Pavement Maintenance Project-Phase 1, Project No. 2015-22 Recommended Action: Authorize the City Manager to award a contract to G. Bortolotto & Company, in the amount of $5,716,278.39 and approve a construction contingency of$571,000, for a total of$6,287,278.39 SECOND READING OF ORDINANCES 6. Subject: An ordinance amending Chapter 6.24 related to the collection of business generated organic waste; and amending Chapter 9.16 related to the separation and storage of solid waste Recommended Action: Conduct the second reading and enact 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" ` 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 second reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Paul seconded to enact Ordinance No. 15-2130. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. City Council Minutes May 19, 2015 PUBLIC HEARINGS 7. Subject: General Plan Amendment to: Item 7a) Adopt the Final 2014-2022 Housing Element; and Item 7b) Consider changes to citywide development allocations for office, commercial, and hotel uses, building planes, height limits. (Re-Agendized and re-noticed.-from the March 17, 2015 and April 21, 2015 meetings) Recommended Action: Recommend that the City Council conduct a public hearing and take the following actions: 1. Adopt Resolution No. 15-042 adopting the Final 2014-2022 Housing Element (GPA-2013-02) 2. Make no further amendments to the General Plan (Community Vision 2040) adopted on December 4, 2014 (GPA-2013-01); and 3. Adopt Resolution No: 15-043, a policy establishing a process to review General Plan amendments Description: Application No(s).: GPA-2013-02, Applicant(s): City of Cupertino, Location: citywide, General Plan Amendment for Housing Element Updates; Application No(s).: GPA-2013-01, Applicant(s): City of Cupertino, Location: citywide; General Plan Amendment to consider changes to citywide development allocations for office, commercial and hotel uses, building heights and planes along arterials, and a Community Benefits Program Written communications for this item included emails to Council, responses to questions for Council member Paul, and a staff PowerPoint presentation. Mayor Sinks explained the process for how the item would proceed having numerous speakers and overflow crowd in City Hall. Senior Planner Piu Ghosh reviewed the staff report via a PowerPoint presentation. Staff answered questions from Council. Mayor Sinks opened the public hearing and the following individuals spoke on this item: Tim Brand Richard Abdalah on behalf of the Cupertino Chamber of Commerce Anu Mandariki -Paula Wallis Jennifer Griffin Michaela Murphy on behalf of the Cupertino Teen Commission Dennis Whittaker City Council Minutes May 19, 2015 Orrin Mahoney, former Cupertino Mayor Angela Chen, President of Cupertino Sanitary District Board - also answered questions from Council Ruth Ashkenazi Jason Lundgaard on behalf of Apple - also answered questions from Council Darrel Lum on behalf of Concerned Citizens of Cupertino - distributed written comments for the record Polly Bove, Superintendent Fremont Union High School District (FUHSD) — also answered questions from Council Bill Wilson, FUHSD Board of Trustees member — also answered questions from Council Cathy Helgerson on behalf of Citizens Against Pollution (CAP) - distributed written comments for the record Robert Mckibbin on behalf of Concerned Citizens of Cupertino Ellen Phyllis Dickstein Peggy Griffin on behalf of Better Cupertino and Cupertino Residents for Sensible Zoning Action Committee Keith Murphy James Burns Martin Won Gary Latshaw Ned Britt Carol Wilser Susan Chen Cathy Thaler—distributed written comments for the record Al DiFrancesco Elaine Lu on behalf of Foothill Vista Knoll Community Ruth Barr John Zirelli, General Manager Recology and past President Cupertino Chamber of Commerce Roark Barraclough Lisa Warren—distributed written comments for the record Claire Arnold Arthur Lu Doris Yeh Xiaowen Wang Govind Tatachari on behalf of Better Cupertino Liang-Fang Chao Cindy Jiang Charles Kong City Council Minutes May 19, 2015 Sujuan Cai Zahra Pavlovic Jon Willey Mayor Sinks closed the public hearing at 10:43 p.m. Council recessed from 10:46 p.m. to 11:00 p.m. The following initial motions were made: 1. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-042 adopting the Final 2014-2022 Housing Element (GPA-2013-02). 2. Wong moved and Vaidhyanathan seconded to make no further amendments to the General Plan (Community Vision 2040) adopted on December 4, 2014 (GPA- 2013-01). 3. Wong moved and Vaidhyanathan seconded to not adopt Resolution No. 15- 043, a policy establishing a process to review General Plan amendments. Vaidhyanathan withdrew her second since she did not agree with the third item in the motion. Chang then seconded the motion. Wong and Chang withdrew their motions and seconds in order to deliberate and vote on each item separately. After further deliberation, the following final motions were made: 1. Wong moved and Chang seconded to adopt Resolution No. 15-042 adopting the Final 2014-2022 Housing Element (GPA-2013-02). The motion carried unanimously. 2. Wong moved and Paul seconded to make no further amendments to the General Plan (Community Vision 2040) adopted on December 4, 2014 (GPA-2013- 01). Council also gave direction to continue processing the Vallco Specific Plan and the Hamptons projects when applications are received and to make a redline/comparison document available. The motion carried with Chang voting no. 3. Wong moved and Paul seconded to not adopt Resolution No. 15-043, a policy establishing a process to review General Plan Amendments and instead to keep City Council Minutes May, 19, 2015 the current ad hoc process for processing General Plan Amendments. Paul added a friendly amendment (accepted by the mover) to bring back the policy for consideration in 90 days and to put new GPA applications on a hiatus until that time. Further direction was given to present additional details on community benefits and the recommended GPA process at a study session with case studies, Cities of Mountain View and Morgan Hill, during the 90-day period. The motion carried unanimously. Oral Communications was heard next as voted on earlier in the meeting. ORAL COMMUNICATIONS Dennis Whittaker talked about Memorial Day and its significance. Lisa Warren talked about the issue of the expense of living in Cupertino as brought up by an earlier speaker. Cathy Thaler talked about a dangerous issue with the height of the temporary traffic lights at the Tantau Avenue/Stevens Creek Boulevard intersection and not being able to see them. City Manager David Brandt noted that the City's Traffic Engineer would look into this and possible;mitigations until the overhead traffic light can be reinstalled. Peggy Griffin thanked staff for providing material on the GPA early and for giving detailed answers to her questions. Steven Scharf talked about the lawsuit against Caltrans and VTA regarding Highway 85. Jerry Ma talked about traffic issues in Cupertino and intersection level of service(LOS). Xiaowen Wang talked about Community Vision 2040 and the job-housing balance policy. She distributed written comments for the record. Keith Murphy talked about the dangerous traffic at the East Estates Drive/ Richwood Drive and Richwood Drive/Miller Avenue intersections. Liang-Fang Chao talked about Council rescinding Resolution No. 14-211 adopted in December 2014 and putting this on the next agenda rather than wait for the redline document. Cindy Jiang talked about community benefits, property tax, and traffic. City Council Minutes May 19, 2015 Ruth Ashkenaro talked about parcel tax history in Cupertino. Penny Whittaker talked about an issue with an ADA sidewalk at the Cheryl Drive/Westacres Drive intersection. ORDINANCES AND ACTION ITEMS - None REPORTS BY COUNCIL AND STAFF City Manager David Brandt said a press conference was going to be held on Thursday morning to discuss a City lawsuit against Valley Transit Authority (VTA) and Caltrans regarding Highway 85. 8. 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 1:12 a.m. on May 20, Mayor Sinks adjourned the meeting to Tuesday, May 26 at 3:30 p.m. for Teen Commission interviews, Cupertino City Hall Conference Room A, 10300 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.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.