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CC 04-21-2015 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, April 21, 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: Presentation regarding the.Cupertino Neighborhood Watch public safety programs Recommended Action: Receive presentation Written communications for this item included a staff PowerPoint presentation. Director of Recreation and Community Services Carol Atwood gave a presentation regarding the ,Cupertino Neighborhood Watch public safety programs via a PowerPoint presentation. Council received the report. 2. Subject: Present proclamation.recognizing April 2015 as California Safe Digging Month Recommended Action: Present proclamation Mayor Sinks presented the proclamation recognizing April 2015 as California Safe Digging Month to Anthony Lin, PG&E Government Relations Representative. POSTPONEMENTS City Council Minutes April 21, 2015 3. Subject: GPA for changes to development allocations that was originally noticed for tonight's agenda will be re-noticed to May 19 Recommended Action: No formal Council action needed City Clerk Grace Schmidt noted that the GPA for changes to development allocations that was originally noticed for tonight's agenda will be-re-noticed to May 19. ORAL COMMUNICATIONS Emily Poon talked about a tree removal violation letter received by the Civic Park Master Association in August of 2012 for $2,937. She.explained that the City was supposed to, contact the Association after the tree ordinance review, but did not, and now the fee has grown to $3,722. She requested a waiver of the retroactive tree removal fee and to allow the Association to pay the standard tree removal permit fee of $165. She distributed a picture of the townhomes within the Association. Ron Poon talked more about the tree removal permit fee. Staff will provide Council with a summary of the history of this issue in addition to any response letter to the Association. Larry Dean speaking on behalf of Walk, Bike Cupertino requested the following: fund the remaining elements from the 2011 Bike Plan totaling $800,000; initiate funding for the development of a long-term bicycle pedestrian strategic plan; and earmark $10 million of redevelopment funds for long-term structural needs for bike safety in Cupertino. Donna Fanetti spoke in support of a previous speaker Emily Poon and urged Council to take into account•the mitigating circumstances surrounding the issue. Jon Willey talked about the City survey on community benefits noting that many of the responses were negative. He showed pictures and plans exemplifying issues with community benefits. He distributed a copy of his documents. Rhoda Fry thanked Council for working with Recology to alter the timing of the garbage trucks. She suggested allowing people to put their trash containers in their driveway rather than on the main thoroughfare. Arthur Lu talked about the Valley Transportation Authority (VTA) assignment in 2012 of a Priority Development Area (PDA) in Cupertino and showed a map noting the area. He City Council Minutes April 21, 2015 also showed a letter from.the lriterim City Manager in 2012 noting;that Cupertino would continue to support a PDA. He requested more information from City staff and Council. R Staff said that they will provide a memo.to Council regarding this issue. Brooke Ezzat asked about the status of the community benefits program. She also noted that there is no infrastructure to support the proposed Foothill development; neither 2 nor 4 million square feet of office.space is reasonable in any future development; and urged Council to keep the generous setbacks the City used to have. Liang-Fang Chao talked about responsible and sensible growth; 'to not rush the GPA; more research on community benefits is needed; and ABAG jobs and housing numbers were over-projected. She distributed her written comments for the record. Xiaowen Wang talked about how best to balance office, housing and retail in Cupertino by discussing need, cost, and benefit. She said that retail space is being cut in half causing Cupertino to lose sales tax to other cities. She distributed her written comments for the record. Shani Kleinhaus from the Santa Clara County Audubon Society talked about the Parkside Trail project and urged Council to require ananalysis of the impact of the environment on the residents in that area. She noted possible issues with fire, flooding, fault lines, and traffic. Lisa Warren talked about the GPA postponement and the possible upcoming community workshop on public benefits. She submitted written comments from a Palo Alto resident regarding community benefits and the link to a Los Altos City Council meeting discussion on community benefits. CONSENT CALENDAR Wong moved and Savita seconded to approve the items on the Consent Calendar with the exception of item numbers 10 and 12 which were pulled for discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None. 4. Subject: Approve the April 7 City Council minutes Recommended Action: Approve minutes 5. Subject: Accept Accounts Payable for period ending March 27, 2015 City Council Minutes April 21, 2015 Recommended Action: Adopt Resolution No. 15-028 accepting Accounts Payable for the period ending March 27, 2015. 6. Subject: Accept Accounts Payable for period ending April 3, 2015 . Recommended Action: Adopt Resolution No. 15-029 accepting Accounts Payable for period ending April 3, 2015 7. Subject: Accept Accounts Payable for period ending April 10, 2015 Recommended Action: Adopt Resolution No. 15-030 accepting Accounts Payable for the period ending April 10, 2015 8. Subject: 2015/2016 City Council Work Program Recommended Action: Approve the 2015/2016 City Council Work Program - 9. Subject: Approve the destruction of records from the City Clerk, Code Enforcement, Finance, and Public Works departments Recommended Action: Adopt Resolution No. 15-031 approving the destruction of records 10. Subject: Provide formal direction regarding the Stevens Creek Boulevard to McClellan Ranch Road Corridor Master Plan in regards to scoping an Environmental Impact Report in conjunction with new facts associated with camp transportation using the Blackberry Farm swim and picnic facility Recommended Action: Vote to implement the direction given at the February 3, 2015 study session which would overturn the Council February 18, 2014 action to commence an Environmental Impact Report on the Stevens Creek Boulevard to McClellan Ranch Road Corridor Master Plan Written communications for this item included an email from Rhoda Fry and a letter from the City of Burlingame Parks &Recreation Department, Carol Stanek urged Council to confirm the 2014 decision to move forward with an expanded EIR to study new alternatives such as electric buses. She shared concern about overflow parking issues in the neighborhood with buses not being allowed to go into Blackberry Farm (BBF). Rhoda Fry talked about a previous commitment made by Council that buses would drop off at Stevens Creek Blvd. when the trail was open and visitors to BBF would walk in. She also noted that having no sidewalks on Byrne and San Fernando makes.it hard for people to walk on the streets with buses and that there City Council Minutes April 21, 2015 is more overflow parking in the neighborhood ,now than before the park was redesigned. Shani Kleinhaus with the Santa Clara Valley Audubon society urged Council to not.reopen the expanded EIR for possible heavier use of the park noting that many other people who use the trail also advocated keeping it as natural as possible. David Fung Chair of the Parks and Recreation Commission but speaking as an individual, urged Council to consider expanding the CEQA bounds in order to make the best informed decision for future use of BBF. Staff answered questions from Council. Wong moved and Paul seconded to implement the direction given at the February 3, 2015 study session which would overturn the Council February 18, 2014_action to commence an Environmental Impact Report on the Stevens Creek Boulevard to McClellan Ranch Road Corridor Master Plan. The motion carried with Sinks and Vaidhyanathan voting no. 11. Subject: Application for Alcoholic Beverage License for 7 Eleven, .21530 Stevens Creek Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department.of Alcoholic Beverage Control for 7 Eleven, 21530 Stevens Creek Boulevard 12. Subject: Funding agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) for Apple Campus 2 Traffic Mitigation Improvements Recommended Action: Authorize the City Manager to execute an agreement with the VTA to transfer funds from the City that were contributed pursuant to mitigations- of .freeway segment .impacts identified in the Apple Campus 2 Environmental Impact Report Lisa Warren shared her concerns about the staff report noting that there was no fiscal impact. She said that any money given to the City is a fiscal impact on how it is spent and just to be aware of that. Staff answered questions from Council and confirmed-direction to provide Council with'a list of the VTA projects identified in the EIR. City Council Minutes April 21, 2015 Chang moved and Wong seconded to authorize the City Manager to execute an agreement with the VTA to transfer funds from the City that were contributed pursuant to mitigations of freeway segment impacts identified in the Apple Campus 2 Environmental Impact Report. The motion carried unanimously.. 13. Subject: Cost Sharing Agreement between the City of Cupertino and the Cupertino Sanitary District for the September Drive Storm and Sanitary Sewer Improvement Project Recommended Action: Authorize the City Manager to execute the cost sharing agreement between the City of Cupertino and the Cupertino Sanitary District on behalf of the City of Cupertino SECOND READING OF ORDINANCES 14. Subject: An Ordinance of the City Council of the City of Cupertino amending sections of Chapter 2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role of the Disaster Council and for other clarification Recommended Action: Conduct second reading and enact Ordinance No. 15-2129: "An Ordinance of the City Council of the City of Cupertino amending sections of Chapter 2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role of the Disaster Council and for other clarification" Director of Recreation and Community Services Carol Atwood reviewed the staff report. City Clerk Grace Schmidt read the title.of the ordinance. Wong moved and Chang seconded to read Ordinance No. 15-2129 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. Paul moved and Chang seconded to enact Ordinance No. 15-2129. Ayes: Sinks,: Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 15. Subject: Update of Master Street Tree List (continued from April 7) City Council Minutes April 21, 2015 Recommended Action: Adopt Resolution No. 15-016 to update the Master 'Street Tree List Director of Public Works Timm Borden reviewed the staff'report. Staff answered questions from Council. Jennifer Griffin talked about the importance of the City keeping up the trees in the Rancho Rinconada neighborhood and noted that the new varieties in.the street tree list are appropriate for that neighborhood. Wong moved and Chang seconded to adopt Resolution No. 15-016 to update the Master Street Tree List. The motion carried unanimously. 16. Subject: Update of the City of Cupertino Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (postponed from March 3) Recommended Action: Approval of the City of Cupertino Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update Written communications for this item included a staff PowerPoint presentation and amended pages to the Transition Plan. Director of Public Works Timm Borden introduced the item Senior Civil Engineer David Stillman reviewed the staff report via a PowerPoint presentation. Wong moved and Paul seconded to approve the City of Cupertino Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update. The motion carried unanimously. REPORTS BY COUNCLL AND STAFF 17. Subject: Report on Committee.assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brant said that the Stevens Creek Phase 2 project won a National Environmental Project of the Year award from the American Public Works Association. City Council Minutes April 21, 2015 He also noted that Monta Vista High School student Conner Sullivan went missing and to call the Sheriff's office at 408-299-3233 with any leads. Written communications for this item included information from Council member Paul on the Stevens Creek Trail Four Cities Joint Feasibility Study. Council members highlighted the activities of their committees and various community'events. Council member Chang and Mayor Sinks supported having a general discussion on economic diversity during an upcoming meeting. ADJOURNMENT At 10:05 p.m., Mayor Sinks adjourned the meeting to May 5. 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.