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CC 02-02-2016CUPERTINO ROLL CALL APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, February 2, 2016 SPECIAL CITY COUNCIL MEETING At 5:30 p.m. Mayor Barry Chang called the Special City Council meeting to order m Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre A venue. CLOSED SESSION Council also met in a special closed session meeting at 5:15 p.m. regarding: Conference with Legal Counsel -Existing Litigation pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of Case: City of Cupertino v. Siemens, et al. Mayor Chang announced that Council gave direction to counsel. 1. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. Mayor Chang announced that Council gave direction to counsel. ADJOURNMENT REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE City Council Minutes February 2, 2016 At 6:45 p.m. Mayor Barry Chang called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre A venue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATION 1. Subject: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) Recommended Action: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) Written communications for this item included a PowerPoint presentation. Mayor Chang presented the Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18). 2. Subject: Presentation of "TacoCat" transportation video by students Derrick Lee and Jonathan Fung and first place monetary award Recommended Action: View video presentation and present first place monetary Award Council viewed the video presentation and presented the first place monetary award to Derrick Lee and Jonathan Fung. POSTPONEMENTS -None ORAL COMMUNICATIONS Phyllis Dickstein talked about the Cupertino Citizens Growth Initiative petition and deferring any development until that process is complete. Bob McKibbin on behalf of Concerned Citizens of Cupertino talked about the Initiative petition, putting a moratorium on all General Plan Amendments (GP A) until June and adopting the ordinance instead of sending it to a ballot vote. 2 City Council Minutes February 2, 2016 Brooke Ezzat talked about the Initiative petition and gathering signatures. Steven Scharf talked about the Initiative petition and the number of signatures gathered. Cathy Helgerson talked about accountability of City officials and listening to residents. Jon Willey talked about the Initiative petition and school crowding with new housing developments. He distributed written comments. Liana Crabtree talked about where petition signatures could be gathered. Joan Chin talked about the Initiative petition and setting up a commission regarding development proposals. Peggy Griffin talked about putting the Initiative petition on the June ballot. Danessa Techmanski talked about traffic and other environmental issues with the Vallco development proposal. Qin Pan talked about crowding in Cupertino schools. Richard Bernhardt talked about crowding in schools, traffic and withholding any development decisions until the Initiative can be resolved. Cathy Wang talked about the Initiative petition. Ignatius Y Ding talked about traffic issues in the bay area and Council judiciary duty. Dennis Whittaker talked about the Initiative petition and putting off any GP A decisions until that process is complete. Liang-Fang Chao on behalf of Cupertino Citizens for Sensible Growth talked about the Initiative petition. Yanping Zhao talked about overdevelopment of Cupertino. Lisa Warren talked about the Initiative petition and Council member campaign promises. 3 City Council Minutes February 2, 2016 Dang Ming Yao talked about the Initiative petition. Larry Hendler talked about the Initiative petition and holding off on development until the Initiative process is finished. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 9 and 12 which were pulled for discussion. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 3. Subject: Approve the January 12 City Council minutes Recommended Action: Approve the minutes 4. Subject: Approve the January 19 City Council minutes Recommended Action: Approve the minutes 5. Subject: Approve the January 25 (commission interviews) City Council minutes Recommended Action: Approve the minutes 6. Subject: Approve the January 26 (commission interviews) City Council minutes Recommended Action: Approve the minutes 7. Subject: Accept Accounts Payable for the period ending December 18, 2015 Recommended Action: Adopt Resolution No. 16-011 accepting Accounts Payable for the period ending December 18, 2015 8. Subject: Accept Accounts Payable for the period ending December 30, 2015 Recommended Action: Adopt Resolution No. 16-012 accepting Accounts Payable for the period ending December 30, 2015 9. Subject: Letter Agreement between The Irvine Company, LLC, a California limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Improvement Project and to be credited against Irvine Company's $7,000,000 future contribution that is currently contemplated as a Development Agreement item for their proposed development for the Hamptons Apartment Project at 19500 Pruneridge Avenue 4 City Council Minutes February 2, 2016 Recommended Action: 1) Authorize the City Manager to execute an agreement with the Irvine Company, LLC to accept an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Project 2) Amend approved FY 15/16 Operating Budget by an additional expense amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget 3) Amend approved FY 15/16 Operating Budget by an additional revenue amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget Jennifer Griffin asked questions regarding this item. Staff answered questions from Council. Sinks moved and Chang seconded to 1) Authorize the City Manager to execute an agreement with the Irvine Company, LLC to accept an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Project 2) Amend approved FY 15/16 Operating Budget by an additional expense amount of $1,200,000 for I- 280/Wolfe Road Interchange Project budget 3) Amend approved FY 15/16 Operating Budget by an additional revenue amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget. The motion carried unanimously. 10. Subject: Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project - Increase Contingency Authorization Recommended Action: Authorize an increase in the construction contingency amount by an additional $32,000 with funds from the current appropriated project budget 11. Subject: Discontinue headline translations Recommended Action: Discontinue headline translations and redirect the funds to other budget priorities 12. Subject: Transportation Tax Measure Allocations Recommended Action: Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities Written communications for this item included a letter from County Supervisor S. Joseph Simitian and emails to Council. The following individuals spoke on this item: 5 City Council Minutes Jennifer Griffin Chris O'Connor on behalf of Silicon Valley Leadership Group Jason Lungaard on behalf of Apple Steven Scharf Kent Vincent Cathy Helgerson Richard Bernhardt Cherie! Jensen Greg Schaffer Staff answered questions from Council. February 2, 2016 Sinks moved and Wong seconded to approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities. Council also gave direction to Council member Sinks to go back to the West Valley and North County mayors to clarify the $500 million for congestion relief/transit/mode shift; with $250 million allocated towards the Route 85 Corridor and $250 million allocated toward the North County. Council also directed staff to come back at the next Council meeting with a request for authority to spend $20,000-$30,000 on a transportation poll. The motion carried unanimously. SECOND READING OF ORDINANCES 13. Subject: Second Reading of Ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City- wide; Applicant: City of Cupertino) Recommended Action: Conduct the second reading and adopt Ordinance No. 16-2140: "An Ordinance of the City Council of the City of Cupertino Amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries" Written communications for this item included a desk item showing minor edits to the ordinance. Cathy Helgerson spoke on this item urging Council to adopt the ordinance. 6 City Council Minutes February 2, 2016 City Clerk Grace Schmidt read the title of the ordinance and the minor edits to the ordinance. Wong moved and Sinks seconded to read Ordinance No. 16-2140 by title only and that the City Clerk's reading would constitute the second reading thereof with an amendment to include the minor edits as noted. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and sinks seconded to enact Ordinance No. 16-2140. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 14. Subject: An ordinance amending Sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2141: "An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project," with an amendment directed by the City Council during the first reading of the ordinance amendment on January 19, 2016 to include a provision in the ordinance language such that the city council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP budget process, to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent Written communications for this item included an email to Council. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Paul seconded to read Ordinance No. 16-2141 by title only and that the City Clerk's reading would constitute the second reading thereof with an amendment to remove the highlighted portion on pages 3-4 regarding City Council approval of the percentage of waiver to offer at the time a capital project is approved. Ayes: Chang, Vaidhyanathan, Paul and Wong. Noes: Sinks. Abstain: None. Absent: None. 7 City Council Minutes February 2, 2016 Wong moved and Paul seconded to enact Ordinance No. 16-2141. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Council recessed from 9:31 p.m. to 9:41 p.m. PUBLIC HEARINGS-None ORDINANCES AND ACTION ITEMS 15. Subject: Review and consider two development proposals (the Goodyear Tire and Oaks sites) submitted for consideration by the City Council to authorize the applicants to submit an application for General Plan Amendments and staff to commence environmental and project review. (Application No.(s): GPAAuth-2015-01 & GPAAuth- 2015-02; Applicant: KT Urban, Mark Tersini and De Anza Ventures (Oaks shopping center); Location: 21255-21755 Stevens Creek Boulevard, 10931 N. De Anza Boulevard (Goodyear Tire); APN: 326-27-039, -040 and -041; 326-10-058) Recommended Action: Staff recommends that the City Council adopt Resolution No. 16-013 after determining which applications are authorized to move forward to apply for General Plan Amendments Written communications for this item included emails to Council and a staff Power Point presentation. Principal Planner Piu Ghosh reviewed the staff report via a Power Point presentation. Property owner John Vidovich talked about the Goodyear Tire site proposal. He answered questions from Council. Mark Tersini, Principal at KT Urban and owner of the Oaks Shopping Center, Beverly Bryant, community outreach, and Doug Yount Principal at Applied Development Economics talked about the Oaks Shopping Center proposal via a PowerPoint presentation. The following individuals spoke on the item: Cathy Helgerson-opposed (distributed written comments) Greg Schaffer-in favor Kevin McClellan on behalf of Cupertino Chamber of Commerce -in favor of both projects 8 City Council Minutes February 2, 2016 Art Cohen on behalf of Cupertino Chamber of Commerce and as an individual -in favor Richard Bernhardt -opposed Heather Dean -opposed Rhoda Fry -opposed Larry Hendler -opposed Scott Hughes -opposed Khyati -Mayor Chang read from speaker card -in favor of hotel at Goodyear site but opposed to Vallco and Oaks Kelly Lambert -in favor Xiaowen Wang -opposed Jon Willey-opposed (distributed written comments) Park Chamberlain -opposed Mark Santoro -in favor Penny Whittaker -opposed Dennis Whittaker -opposed Jennifer Griffin-opposed Don Krenn -in favor of Oaks Craig Hofstetter -in favor of Oaks Steve Elich -in favor of Oaks Lisa Warren -opposed Peggy Griffin -opposed Steven Scharf on behalf of Better Cupertino -opposed Liang-Fang Chao-opposed Luke Lang -opposed Joseph Ventimiglia-opposed Lee Chiang -in favor Staff answered questions from Council. Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 16-013 denying authorization of prospective development proposals to proceed as General Plan Amendment applications. The motion carried with Chang voting no. REPORTS BY COUNCIL AND STAFF 16. Subject: Construction Project Updates Recommended Action: Receive updates 9 City Council Minutes February 2, 2016 This item was not heard. 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments This item was not heard. ADJOURNMENT At 12:49 a.m. on Wednesday, February 3, Mayor Chang adjourned the meeting. ~~µ- 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. 10