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CC 04-19-2016CUPERTINO ROLL CALL APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, April 19, 2016 REGULAR CITY COUNCIL MEETING At 6:00 p.m. Mayor Barry Chang called the Regular 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 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 (one case.) Mayor Chang announced that Council gave direction to the City Attorney to transmit by letter to Mr. Shingai its decision not to cure and correct and explain why his demand does not state a violation of the Brown Act. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Barry Chang reconvened the Regular City Council meeting 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. City Council Minutes April 19, 2016 CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Recognize Cupertino's Green Businesses for their contribution to the health of our shared environment Recommended Action: Present proclamations Written communications for this item included a staff PowerPoint presentation. Environmental Programs Assistant Lauren Dickinson reviewed the Cupertino Green Business program via a PowerPoint presentation. Mayor Chang presented the proclamations to : Certified Green Businesses o Silicon Valley Association of Realtors o De Anza College o Erik's DeliCafe Rethink Disposable Restaurants o Erik's DeliCafe o J&J Hawaiian BBQ o J.S. Stewhouse o Pebbles Deli Cafe 2. Subject: Recognize student artists participating in the Citywide "Energized by Art" utility box art pilot project Recommended Action: Present proclamations Written communications for this item included a staff PowerPoint presentation. Assistant to the City Manager Erin Cooke reviewed the program via a PowerPoint presentation. Mayor Chang presented the proclamations to: o Hannah Liaw, Grades K-2 winner o Taryn Chong, Grades 3-5 winner o Deelia Wang, Grades 6-8 winner o Y amian Huang, Grades 9-12 winner 2 City Council Minutes 3. Subject: 2016 Arbor Day Proclamation Recommended Action: Present proclamation Director of Public Works Timm Borden reviewed the staff report. Mayor Chang presented the proclamation to Mr. Borden. POSTPONEMENTS April 19, 2016 Wong moved and Sinks seconded to postpone item number 12 to May 3. The motion carried unanimous y. ORAL COMMUNICATIONS Cathy Helgerson talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI). Cinny Zhuang talked about the CCSGI 9212 report. Sarah Ku talked about support for Mayor Chang and the CCSGI. Kevin McClelland on behalf of the Cupertino Chamber of Commerce talked about the CCSGI and support for Mayor Chang. Ignatius Ding talked about the CCSGI and Notice of Intent to recall Mayor Chang. He distributed written comments. Liang Chao talked about the CCSGI. She distributed written comments. Brooke Ezzat talked about free speech in Cupertino. Jerry Sheahan talked about the Brown Act. Steve Scharf talked about the CCSGI. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 5, 9, 10, and 13 which were pulled for discussion and item 3 City Council Minutes April 19, 2016 number 12 which was postponed to May 3. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 4. Subject: Approve the March 31 City Council minutes Recommended Action: Approve the minutes 5. Subject: Approve the April 5 City Council minutes Recommended Action: Approve the minutes Written communications for this item included an email to Council and corrected minutes for closed session. Randy Shingai talked about the closed session actions. Wong moved and Paul seconded to approve the April 5 City Council minutes with the amendment to switch the Special Meeting closed session items so that item number 1 is first and then item number la and include the corrected actions as noted on the desk item. The motion carried unanimously. 6. Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting) Recommended Action: Approve the minutes 7. Subject: Accept Accounts Payable for the period ending March 4, 2016 Recommended Action: Adopt Resolution No. 16-033 accepting Accounts Payable for the period ending March 4, 2016 8. Subject: Accept Accounts Payable for the period ending March 11, 2016 Recommended Action: Adopt Resolution No. 16-034 accepting Accounts Payable for the period ending March 11, 2016 9. Subject: Accept Accounts Payable for the period ending March 18, 2016 Recommended Action: Adopt Resolution No. 16-035 accepting Accounts Payable for the period ending March 18, 2016 Brooke Ezzat talked about Accounts Payable. Wong moved and Sinks seconded to adopt Resolution No. 16-035 accepting Accounts Payable for the period ending March 18, 2016. The motion carried unanimously. 4 City Council Minutes April 19, 2016 10. Subject: Accept Accounts Payable for the period ending March 25, 2016 Recommended Action: Adopt Resolution No. 16-036 accepting Accounts Payable for the period ending March 25, 2016 Brooke Ezzat talked about Accounts Payable. Wong moved and Sinks seconded to adopt Resolution No. 16-036 accepting Accounts Payable for the period ending March 25, 2016. The motion carried unanimously. 11. Subject: Recommended Position on State Assembly Bill 1928 (Campos): Irrigation Standards to Save Our Drinking Water Act ecommen e A ction: opt a positI.~o_n_o_fr-su_p_p_o_r.....,.t_o_n_A ssem y authorize sending a letter of support to Assembly Member Nora Campos and our state delegation 12 . Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and Community Services Department Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department Under Postponements, this item was postponed to May 3. 13. Subject: Proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Recommended Action: Accept proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 The recommended action was amended to note /1 consider" rather than /1 accept." Wong moved and Sinks seconded to consider proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017. The motion carried unanimously. 14. Subject: Polling for Potential Transportation Sales Tax Measure Recommended Action: Receive information regarding the questions polled and the results of polling completed by the Silicon Valley Leadership Group in March 2016 SECOND READING OF ORDINANCES -None 5 City Council Minutes April 19, 2016 PUBLIC HEARINGS 15. Subject: 2016-17 Community Development Block Grant (CDBG) Program Annual Action Plan and 2016-17 Grant Funding Allocations Recommended Action: Conduct Public Hearing: and 1. Adopt Draft Resolution No. 16 038 approving the 2016-17 CDBG Annual Action Plan and; 2. Adopt Draft Resolution No. 16-039 approving the 2016-17 CDBG, General Fund Human Service Grants (HSG) Program and Below Market-Rate (BMR) Affordable Housing Fund (AHF) funding allocations Written communications for this item included a staff PowerPoint presentation. Senior Planner CJ Valenzuela reviewed the staff report via a PowerPoint presentation. Staff and Jan Lindenthal, Vice President of Real Estate Development from MidPen Housing Corporation answered questions from Council. Sujatha Venkatraman from West Valley Community Services talked about Below Market Rate (BMR) units. Michele Schroeder from Senior Adults Legal Assistance (SALA) talked about funding. Ann Marquart from Project Sentinel talked about funding. Wong moved and Sinks seconded to 1. Adopt Resolution No. 16-038 approving the 2016-17 CDBG Annual Action Plan and; 2. Adopt Resolution No. 16-039 approving the 2016-17 CDBG, General Fund Human Service Grants (HSG) Program and Below Market-Rate (BMR) Affordable Housing Fund (AHF) funding allocations. The motion carried unanimously. Council also gave direction to staff to bring back at a future Council meeting support of AB 2502 (Mullin and Chiu) in addition to an item regarding discussing funding for people who are being displaced by future developments. Council recessed from 8:27 p.m. to 8:32 p.m. 16. Subject: Appeal of a Planning Commission decision to deny an appeal of a Director's approval of a Two-Story Permit (R-2015-08) to allow the construction of a new 5,140- square-foot single-family residence and a Minor Residential Permit (RM-2015-08) to 6 City Council Minutes April 19, 2016 allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc . (Kingkay Capital, LLC); Appellant: Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview Lane; APN: 326- 19-105) Recommended Action: Adopt Resolution No. 16-040 to deny the appeal and uphold the Planning Commission's decision per PC Resolution No(s). 6798 and 6799 Written communications for this item included a letter to Council, a staff PowerPoint presentation and plan sets. Assistant Planner Ellen Yau reviewed the staff report via a PowerPoint presentation. -- Appellant Jan Kucera Jr. talked about his appeal. Appellants Matthew and Angela Miller talked about their appeal. Applicants George Wang and Yi Ning Lu (Kingkay Capital, LLC) talked about their project. The following individuals spoke on this item: Cathy Helgerson (opposed to project) Mike Wang (in favor of project) Pei Zhou (opposed to project) Jennifer Griffin (opposed to project) Lisa Warren Jing Quan, project architect (in favor of project) Staff, appellants and applicants answered questions from Council. Wong moved and Chang seconded to adopt Resolution No. 16-040 to deny the appeal and uphold the Planning Commission's decision per PC Resolution No(s) 6798 and 6799. The motion carried with Paul abstaining. ORDINANCES AND ACTION ITEMS 17. Subject: An ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements 7 City Council Minutes April 19, 2016 Recommended Action: Conduct the first reading of Ordinance No. 16-2143: "An Ordinance of the C~ty Council of the City of Cupertino Amending the Cupertino Municipal Code Sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 Regarding Public Bidding" Director of Public Works Timm Borden reviewed the staff report. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Savita seconded to read Ordinance No. 16-2143 by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 18. Subject: Consideration of the City Council Summer Meeting Schedule and cancellation of meeting( s) Recommended Action: Consider the City Council Summer Meeting Schedule and cancel meeting(s) or provide direction to staff Sinks moved and Paul seconded to cancel the second meeting in July and the second meeting in August. The motion carried with Chang voting no. REPORTS BY COUNCIL AND STAFF 19. Subject: Climate Action Plan Annual Progress Update Recommended Action: Receive presentation and review Progress Report Written communications for this item included a staff PowerPoint presentation. Assistant to the City Manager Erin Cooke and Sustainability Coordinator Misty Mersich gave an update on the Climate Action Plan (CAP) via a PowerPoint presentation. Council received the Progress Report. 20. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: Receive presentation on Route 85 Corridor Mass Transit Alternatives Study 8 City Council Minutes April 19, 2016 Written communications for this item included staff and consultant PowerPoint presentations. Director of Public Works Timm Borden and Sharmila Mukherjee, Senior Planning Manager with WSP Parsons Brinckerhoff presented the Conceptual Study for Route 85 Corridor Mass Transit Alternatives via a PowerPoint presentation. Jennifer Griffin spoke on this item. Council received the presentation. 2-i-. -su JeC : epor on omm1ttee assignments an genera comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. Two Councilmembers added a Council agenda item to May 3 or 17 to discuss a possible regional approach regarding the implementation of minimum wage in January, 2017. ADJOURNMENT At 12:45 a.m. on Wednesday, April 20, Mayor Chang adjourned the meeting. ~' <;;;;;t.u- 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. 9