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CC 04-05-2016CUPERTINO ROLL CALL APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, April 5, 2016 SPECIAL CITY COUNCIL MEETING At 4:30 p.m. Mayor Barry Chang called the Special City Council meeting to order m Cupertino City Hall Conference Room A, 10300 Torre A venue. 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 5:20 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre A venue for a study session regarding the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (Stevens Creek Corridor Master Plan). CLOSED SESSION 1. Subject: Conference with legal counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Navistar, Inc. Mayor Chang announced that Council met with legal counsel and gave direction. la. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 Mayor Chang announced that Council met with legal counsel and no action was taken. STUDY SESSION 2. Subject: Review the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (Stevens Creek Corridor Master Plan) Draft preferred alternative. Recommended Action: Review the draft preferred alternative for the Stevens Creek City Council Minutes April 5, 2016 Corridor Master Plan and provide direction to staff regarding proceeding with environmental evaluation. Written communications for this item included emails and a letter to Council, map of preferred alternative plan and a consultant PowerPoint presentation. Director of Recreation and Community Services Carol Atwood reviewed the staff report and introduced the consultants. Laurie Matthews, Director of Preservation Planning + Design and Senior Project Manager at MIG, Inc. made a PowerPoint presentation on the Draft preferred alternative. Ed Getherall, Sr. Director of Operations at NGF Consulting National Golf Foundation and Forrest Richardson from Forrest Richardson & Associates Golf Course Architects (A.S.G.C.A .) made a PowerPoint presentation regarding the golf course component. Consultants and staff answered questions from Council. The following individuals spoke on this item: David Fung Ed Bloom Geoff Paulsen Dave McLeroy Rhoda Fry Orrin Mahoney Paula Davis Shani Kleinhaus on behalf of Santa Clara Valley Audubon Society Their comments included: supportive of moving forward with CEQA process; need to slow down bike traffic in trail through park; concern about Cupertino supporting non- Cupertino organizations; add provision that if golf course closes, return it to natural space; supportive of Master Plan project; focus on golf course; relocate the swimming pools; investigate other alternatives for access; if Blue Pheasant torn down, do not replace it; fi x barn at McClellan Ranch; concern about narrow corridor with golf course; continue creek restoration; move golf clubhouse and roads as close to Stevens Creek Boulevard as possible; build new bridge over creek only if absolutely necessary; parking should be for everyday use only. 2 City Council Minutes April 5, 2016 Paul moved and Wong seconded to continue the item to a future meeting to be determined. The motion carried unanimously. ADJOURNMENT At 6:40 p.m. Mayor Chang adjourned the Special Meeting. Council recessed from 6:40 p.m. to 7:07p.m. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 7:07 p.m. Mayor Barry Chang 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 Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamation to the Asian American Parent Association (AAPA) Recommended Action: Present proclamation Mayor Chang presented the proclamation to representatives of AAP A. POSTPONEMENTS -None ORAL COMMUNICATIONS Glenn Lee talked about his appeal on his property and the Administrative Citation process. Rhoda Fry talked about the Blackberry Farm Picnic Area and budget costs. Helene Davis on behalf of Cupertino Historical Society talked about the Society's upcoming brochure on historical sites in Cupertino. 3 City Council Minutes April 5, 2016 DeAnna Pursai, Art Cohen, Katie Zeisl and Pamela Lindsay on behalf of Bluelight Cinemas College of Adaptive Arts talked about a special film festival coming up on April 24 from 2:00- 5:00 p.m. Liang Chao talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI) 9212 report. Luke Lang talked about the CCSGI 9212 report. Peggy Griffin talked about the Special Council Meeting that was called for after tonight's Regular Meeting regarding the CCSGI ballot question. Ignatius Ding talked about resident safety. Ray Lin on behalf of Boy Scout Troop 453 talked about working on his badge by visiting a Council meeting and urged voting in the upcoming election. Other members of the troop (Aaron, Ethan, Jackie, Ivan) also introduced themselves . Lisa Warren talked about rezoning at Vallco regarding retail. Xiaowen Wang talked about the Special Council Meeting that was called for after tonight's Regular Meeting regarding the CCSGI ballot question. Jerry Sheahan talked about the Brown Act, dialoguing with Council members and The Hills at Valko project. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the March 15 City Council minutes Recommended Action: Approve the minutes 3. Subject: Affirm Nina Daruwalla as a community member and Sue Bos e as the Business Representative on the Housing Commission in order to meet the Cupertino Municipal Code requirements 4 City Council Minutes April 5, 2016 Recommended Action: Affirm Nina Daruwalla as a community member and Sue Bose as the Business Representative on the Housing Commission 4. Subject: Accept the City Financial Reports for Fiscal Year ending June 30, 2015 Recommended Action: Accept the City Financial Reports for Fiscal Year ending June 30,2015 5. Subject: Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek Boulevard 6. Subject: Application for Alcoholic Beverage License for Aya Japan House, 10789 South Blaney A venue Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Aya Japan House, 10789 South Blaney Avenue 7. Subject: Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens Creek Boulevard 8. Subject: Application for Alcoholic Beverage License for Crab Lover, 10275 South De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Crab Lover, 10275 South De Anza Boulevard 9. Subject: Application for Alcoholic Beverage License for Cupertino Valero, 10002 North De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Cupertino Valero, 10002 North De Anza Boulevard SECOND READING OF ORDINANCES 5 City Council Minutes April 5, 2016 10. Subject: Second Reading of a Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance as directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the second reading and enact Ordinance No. 16-2142, "An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance" Written communications for this item included a staff PowerPoint presentation. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Vaidhyanathan seconded to read Ordinance No. 16-2142 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Vaidhyanathan seconded to enact Ordinance No. 16-2142. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 11. Subject: Fiscal Year 2016-17 Fee Schedule (continued from March 15) Recommended Action: Adopt Resolution No. 16-031 approving the Fiscal Year 2016-17 Fee Schedule, effective July 1, 2016 Written communications for this item included a staff PowerPoint presentation. Assistant to the City Manager Jacqueline Guzman reviewed the staff report via PowerPoint presentation. Staff answered questions from Council. 6 City Council Minutes April 5, 2016 The following individuals spoke on this item: Peggy Griffin (Schedule E and calculation of class cost) Barbara McArthur (Cupertino Rotary non-profit needing affordable space for meetings) Wong moved and Paul seconded to continue the item to the next Council meeting. The motion failed with Wong and Paul voting yes and Chang, Sinks, and Vaidhyanathan voting no. Sinks moved to adopt Resolution No. 16-031 with amendments as noted below and Vaidhyanathan seconded with a friendly amendment to phase in fees for non-profits and residents for two years. Sinks did not accept the friendly amendment and Vaidhyanathan withdrew her second. Paul seconded Sinks motion to adopt the resolution with amendments as noted below with a friendly amendment to hold non-residential fees steady as status quo in those instances where resident fees are increased. Sinks accepted the friendly amendment. The motion carried with Wong voting no. The final motion was to adopt Resolution No. 16-031 approving the Fiscal Year 2016-17 Fee Schedule, effective July 1, 2016 with the following amendments: • Schedule E -Maintain status quo on facility rental structure and fees for non-profit categories • Hold non-residential fees steady as status quo in those instances where resident fees are increased • Consolidate non-profit categories 2 and 3 • Reduce non-profit demonstration from 51 % to 1/3 of members • Make adjustments to all other fees as recommended by staff but cap anything over 20% of comp averages and bring any exceptions above 20% to Council with written explanation and justification for approval • Defer political sign fee increase until sign ordinance comes to Council and then bring political sign fee back for consideration at that time ORDINANCES AND ACTION ITEMS 12. Subject: Discuss procedure for handling Oral Communications at Council meetings Recommended Action: Discuss procedure for handling Oral Communications at 7 City Council Minutes April 5, 2016 Written communications for this item included emails to Council. The following individuals spoke on this item and were opposed to making any changes to the procedure for handling Oral Communications: Peggy Griffin Randy Shingai Jennifer Griffin Xiaowen Wang Sinks moved and Vaidhyanathan seconded and the motion carried with Wong voting no to handle Oral Communications at Council meetings in the following manner: Establish a two-month trial period whereby Council will hear the first eight persons who have submitted speaker cards, with mayor discretion to allow more than eight persons, including special consideration for seniors and youth groups. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. REPORTS BY COUNCIL AND STAFF 13. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brandt introduced Cupertino's new Chief Technology Officer Bill Mitchell. Council members highlighted the activities of their committee s and various community events. ADJOURNMENT At 10:05 p.m., Mayor Chang adjourned the meeting. G;wu ~Jf Grace Schmidt, City Clerk 8 City Council Minutes April 5, 2016 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. 9