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CC 03-01-2016CUPERTINO ROLL CALL APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, March 1, 2016 SPECIAL CITY COUNCIL MEETING At 4:00 p.m. Mayor Barry Chang called the Special City Council meeting to order in 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 6:00 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue for a study session regarding business license taxes. CLOSED SESSION 1. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Carol Atwood and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment Mayor Chang reported that Council gave direction to staff. 2. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9(d)(2) -Two cases Mayor Chang reported that Council gave direction to staff. STUDY SESSION 3. Subject: Study session on options for increasing business license taxes City Council Minutes March 1, 2016 Recommended Action: Conduct study session on options for increasing business license taxes and provide direction to staff on recommended approaches for consideration of either special or general taxes Written communications for this item included a City of San Jose staff report and map showing Portland Tri-County Metro Transit District. City Manager David Brandt gave a brief overview of the item and staff answered questions from Council. The following individuals spoke on this item: Carl Guardino on behalf of Silicon Valley Leadership Group (SVLG) Janice Chua Vicky Tsai on behalf of St. Joseph Plaza Cathy Helgerson Keith Warner on behalf of Cupertino Chamber of Commerce Anjali Kausar on behalf of Cupertino Chamber of Commerce Tim O'Connor on behalf of Kaiser Permanente Jason Lungaard on behalf of Apple Deepna Nishar JohnMumy Ram Gopal Les on behalf of Whole Foods Their comments included: Discuss topic at 2017 Mayor's workshop; businesses already pay sales tax; discuss topic with employers and small businesses for their input; large corporations won't let City impose a tax; use County and State funds or City reserves; small businesses will leave Cupertino if taxed; keep the thriving business community thriving; number of employees number fluctuates from month to month when doing calculation; transit is a regional problem so don't tax small businesses in town; collaborate with residents, businesses, and officials; this is not the right proposal; already high cost to do business in Cupertino; think about franchise owners as well if putting burden on small businesses; work with Apple to build off-ramp into their facility; do study first before think about raising taxes; would affect Whole Foods greatly. 2 ) City Council Minutes March 1, 2016 Council comments included: take regional action when other entities are willing to have the conversation; collaborate with other cities; need businesses in the regional area to help solve the problem; premature to discuss transit funding until know the solution; too many unknowns right now; need more information to know how to move forward; outreach to businesses for discussion about what is best for everyone; sales tax not the right solution; concern about going back on work with Apple on Development Agreement; encourage business owners to incentivize own employees to help reduce traffic in the area; come back to Council with a clear platform for discussion. Council directed staff (City Manager, a representative from Public Works and the Economic Development Manager) to reach out to business leaders for discussion points regarding transit issues. ADJOURNMENT At 7:20 p.m. Mayor Chang adjourned the Special Meeting and Council recessed from 7:20 p.m. until 7:25 p.m. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 7:25 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. POSTPONEMENTS 1. Subject: Continue Item No. 20 Approval of the Fiscal Year 2016 -17 Fee Schedule to March 15 Recommended Action: Continue this item to March 15 3 City Council Minutes March 1, 2016 Wong moved and Sinks seconded to continue Item No. 20 regarding the approval of the Fiscal Year 2016-17 Fee Schedule to March 15. The motion carried unanimously. ORAL COMMUNICATIONS Glen Lee talked about receiving a stop order while putting on an addition to his lot and asked for Council's help. John Mumy talked about traffic safety and the need to step up enforcement of traffic laws. Cathy Helgerson talked about Lehigh and their failing to comply with the use permit. She distributed written comments. Peggy Griffin talked about putting the. Cupertino Citizens' Sensible Growth Initiative (CCSGI) on the June ballot. Liang-Fang Chao on behalf of Cupertino Citizens' Sensible Growth Initiative talked about the difference between a regular election and a special election. Brooke Ezzat talked about talked about putting the CCSGI on the June ballot. Phyllis Dickstein talked about regular elections and municipal elections and attorney opinions. She distributed written comments as the first speaker out of a group of four. Ignatius Ding talked about regular elections and municipal elections and attorney opinions. He distributed written comments as the second speaker out of a group of four. Howard Hung talked about regular elections and municipal elections and attorney opinions. He distributed written comments as the third speaker out of a group of four. Wenguan Wang talked about regular elections and municipal elections and attorney opinions. She distributed written comments as the fourth speaker out of a group of four. Steve Scharf talked about bike safety issues, especially with cars waiting in the bike lane on North Blaney A venue and traffic calming circles that narrow the road. Darrel Lum talked about concern over speakers feeling intimidated to speak before the Council. He distributed written comments. 4 ) City Council Minutes March 1, 2016 Luke Lang talked about growth and looking at both extremes. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 10, 11, and 17 which were pulled for discussion. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the January 26 (teleconferencing) City Council minutes Recommended Action: Approve the minutes Written communications for this item included an amended portion on page two. 3. Subject: Approve the February 2 City Council minutes Recommended Action: Approve the minutes 4. Subject: Set application deadline and interview date(s) for terms expiring on the Teen Commission Recommended Action: Staff recommends the following deadlines: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 6; and 2.) Interviews held beginning at 3:30 p.m. on Tuesday, May 24 and Wednesday, May 25 (as needed) 5. Subject: Accept Accounts Payable for the period ending January 8, 2016 Recommended Action: Adopt Resolution No. 16-014 accepting Accounts Payable for the period ending January 8, 2016 6. Subject: Accept Accounts Payable for the period ending January 15, 2016 Recommended Action: Adopt Resolution No. 16-015 accepting Accounts Payable for the period ending January 15, 2016 7. Subject: Accept Accounts Payable for the period ending January 22, 2016 Recommended Action: Adopt Resolution No. 16-016 accepting Accounts Payable for the period ending January 22, 2016 8. Subject: Support of the "Safety for All" Ballot Initiative, A Series of Gun Reform Measures Initiated by Lieutenant Governor Gavin Newsom Recommended Action: Adopt Resolution No. 16-017 supporting the "Safety for All" ballot initiative. Direct staff to send copies of the resolution to President Barack Obama, 5 City Council Minutes March 1, 2016 U.S. Senators Barbara Boxer and Dianne Feinstein, Congresswoman Barbara Lee, Governor Jerry Brown, Lieutenant Governor Gavin Newsom, California Senator Loni Hancock, and California Assembly member Tony Thurmond 9. Subject: Orchard Supply Hardware is making a $5,000 donation to the City of Cupertino for specific use at the McClellan Ranch Preserve Recommended Action: Staff is requesting the Council to accept the monetary donation to be used for supplies and equipment and/or facility enhancements at McClellan Ranch Preserve 10. Subject: Friends of Stevens Creek Trail request for partnership and contribution towards a feasibility study of fish migration improvements along Stevens Creek Recommended Action: Authorize a contribution of $6,380 towards the local matching fund requirement of a Santa Clara County Water District grant proposal by the Friends of Stevens Creek Trail and regional partners The following individuals spoke on this item: Cathy Helgerson -pollution in the Creek (distributed written comments) Anne Ng on behalf of the Friends of Stevens Creek Trail -in favor Wong moved and Sinks seconded to authorize a contribution of $6,380 towards the local matching fund requirement of a Santa Clara County Water District grant proposal by the Friends of Stevens Creek Trail and regional partners. The motion carried unanimously. 11. Subject: Approaches to address continued noise complaints regarding cement plant operations Recommended Action: Direct the following actions to ensure ongoing sound compliance of the Lehigh Southwest Cement Company's Plant, located outside of Cupertino's boundary, and address ongoing residents' related noise concerns: -Direct staff to send a letter to the County acknowledging that residents' complaints regarding noise associated with Plant operations continue and that quarterly noise monitoring should commence as recommended in the DEH December 2015 Report of Findings. - Direct staff to provide City Council with updates on the quarterly noise monitoring studies conducted by the County, when available. -Appropriate $15,000 to conduct an independent City-led noise study Written communications for this item included emails to Council. 6 ) City Council Minutes The following individuals spoke on this item: Meir Statman-in favor Cathy Helgerson -in favor (distributed written comments) Tim Brand -in favor Rhoda Fry-in favor Gary Eccinger -in favor Gary Latshaw -in favor March 1, 2016 Sinks moved and Vaidhyanathan seconded to direct the following actions to ensure ongoing sound compliance of the Lehigh Southwest Cement Company's Plant, located outside of Cupertino's boundary, and address ongoing residents' related noise concerns: -Direct staff to send a letter to the County acknowledging that residents' complaints regarding noise associated with Plant operations continue and that quarterly noise monitoring should commence as recommended in the DEH December 2015 Report of Findings. -Direct staff to provide City Council with updates on the quarterly noise monitoring studies conducted by the County, when available. - Appropriate $15,000 to conduct an independent City-led noise study. The motion carried unanimously. 12. Subject: Planning Commission's recommendation to select Alan Takahashi as the Environmental Review Committee representative Recommended Action: Accept the Planning Commission's recommendation to the Environmental Review Committee 13. Subject: Application for Alcoholic Beverage License for 7 Eleven Store #2367, 21530 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for 7 Eleven Store #2367, 21530 Stevens Creek Boulevard 14. Subject: Application for Alcoholic Beverage License for Target T3224, 19499 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Target T3224, 19499 Stevens Creek Boulevard 7 City Council Minutes March 1, 2016 15. Subject: Application for Alcoholic Beverage License for Steins Beer Garden, 10088 North Wolfe Road, Suite 130 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Steins Beer Garden, 10088 North Wolfe Road, Suite 130 16. Subject: Application for Alcoholic Beverage License for The City Fish, 21678 Stevens Creek Boulevard 17. Recommended Action: Recommend approval to the Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for The City Fish, 21678 Stevens Creek Boulevard Subject: Survey of residents to provide feedback on willingness to support a sales tax measure or an employer tax. Recommended Action: 1) Authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to survey residents on their willingness to support a sales tax measure or an employer tax to fund mass transit services along major commute corridors; and 2) Amend approved FY 15/16 Operating Budget (Transportation-Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. The following individuals spoke on this item: Carl Guardino on behalf of Silicon Valley Leadership Group -opposed Anjali Kausar on behalf of Cupertino Chamber of Commerce -opposed Jason Lungaard on behalf of Apple -opposed Liang-Fang Chao -opposed Wong moved and Paul seconded to 1) Not authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to survey residents on their willingness to support a sales tax measure or an employer tax to fund mass transit services along major commute corridors; and 2) Not amend approved FY 15/16 Operating Budget (Transportation- Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. Vaidhyanathan offered a friendly amendment to bring the item back in April after the Silicon Valley Leadership Group poll was complete along with the specific survey questions asked. The friendly amendment was accepted. The motion carried with Chang voting no. 8 ( ) City Council Minutes March 1, 2016 18. Subject: 2015 Pavement Maintenance Project -Phase I, City Project No. 2015-22 & 2014 Sidewalk Accessibility Improvement Project, City Project No. 2014-15 contract amendment. Recommended Action: Staff recommends Council take the following actions for consulting services provided by Pavement Engineering, Inc. (PEI): 1. Authorize an increase in the contract amount from $305,380 to $400,380 for the 2015 Pavement Maintenance Project -Phase I; and 2. Authorize an increase in the contract amount from $75,685 to $85,000 for the 2014 Sidewalk Accessibility Improvement Project; and 3 . Authorize the City Manager to negotiate and execute amended service order agreements for the 2015 Pavement Maintenance Project -Phase I and 2014 Sidewalk Accessibility Improvement Project for the not to exceed amounts of $400,380 and $85,000, respectively. 19. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: 1) Authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to complete a conceptual alternatives study for the State Route 85 Corridor, between State Route 87 and Highway 101; and 2) Amend approved FY · 15/16 Operating Budget (Transportation-Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. SECOND READING OF ORDINANCES -None PUBLIC HEARINGS 20. Subject: Approval of the Fiscal Year 2016-17 Fee Schedule which was originally noticed for tonight's agenda will be continued to March 15. Recommended Action: Under Postponements this item will be continued to March 15 Under Postponements, this item was continued to March 15. ORDINANCES AND ACTION ITEMS 21. Subject: Consideration and approval of the Mid-Year Financial Report and recommended budget adjustments for Fiscal Year 2015-16 Recommended Action: 1. Accept the City Manager's Mid-Year Financial Report for Fiscal Year 2015-16 2. Approve the Mid-Year adjustments for Fiscal Year 2015-16 as 9 City Council Minutes March 1, 2016 described in the Mid-Year Financial Report 3. Adopt Resolution No. 16-018 approving ( Mid-Year budget adjustment Written communications for this item included a staff PowerPoint presentation. Director of Administrative Services Kristina Alfaro reviewed the staff report via a PowerPoint presentation. Wong moved and Vaidhyanathan seconded to 1. Accept the City Manager's Mid-Year Financial Report for Fiscal Year 2015-16 2. Approve the Mid-Year adjustments for Fiscal Year 2015-16 as described in the Mid-Year Financial Report 3. Adopt Resolution No. 16 - 018 approving the Mid-Year budget adjustment. The motion carried unanimously. 22. Subject: Proposed Initiative submitted by Kenneth Silvery Tersini regarding the Oaks Shopping Center Recommended Action: Adopt Resolution No. 16-019 directing City staff to prepare a report on the effects of the Oaks Initiative pursuant to Elections Code Section 9212 and appropriate $150,000.00 for such purpose Written communications for this item included an email to Council. City Manager David Brandt reviewed the staff report. The following individuals spoke on this item with comments including the report being optional and expensive. Peggy Griffin (distributed written comments) Liang-Fang Chao Steven Scharf Lisa Warren Ignatius Ding Wong moved and Savita seconded to adopt Resolution No. 16-019 directing City staff to prepare a report on the effects of the Oaks Initiative pursuant to Elections Code Section 9212 and appropriate $150,000 .00 for such purpose. The motion carried unanimously. 23. Subject: Receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and provide direction 10 City Council Minutes March 1, 2016 Recommended Action: Receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and provide direction; defer a decision on whether to place the measure on the November 8, 2016 ballot until after the 9212 Report on the Initiative is completed Written communications for this item included emails to Council and a letter from Robert "Perl" Perlmutter of Shute, Mihaly & Weinberger LLP . City Clerk Grace Schmidt reviewed the staff report. The following individuals spoke on this item and comments included completing a thorough 9212 report; put measure on June ballot; get new tenants at Valko. Kevin McClelland on behalf of Cupertino Chamber of Commerce Ignatius Ding Vicki Tsai Liang-Fang Chao Govind Tatachari on behalf of Better Cupertino Jennifer Griffin Andrew Walters Jean Bedord Lisa Warren Luke Lang Outside Counsel Robert "Perl" Perlmutter from Shute, Mihaly & Weinberger LLP talked about Council having no power to put the measure on the June ballot since the petition didn't qualify for a special election. He answered questions from Council. Wong moved and Sinks seconded to receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and to call a special meeting the last week in March to receive the report and make a decision regarding the petition. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 24. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments 11 City Council Minutes March 1, 2016 Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:52 p.m., Mayor Chang adjourned the meeting. b{dfcJJ ~I'* 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. 12 )