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04. Draft MinutesCUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, June 2, 2009 ROLL CALL At 4:04 p.m.-Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. STUDY SESSION Study Session on the proposed 2009/IO Budget. (Continued from May 27) Staff members from different departments reviev~~ed a packet of materials which included: • A List titled 2009/10 Budget Study session, Council Follow Up Items • The School Safety staff report {May 20, i1:em No. 17) • A listing of federal stimulus grants, • An interoffice memorandum regarding budget for the Heart of the City Specific Plan • A staff report regarding the breakdown of election and potential Utility User Tax measure • An update on digital technology and Corr.~cast signal quality • The status of the digital bandwidth project and budget • A List of the City's operating budget expenditure trends • An update on the Housing Element budget • An update on the cost sharing agreement for the traffic study for new hotel and office square footage • PowerPoint slides regarding preliminary budget estimates • Comparison of Capital Improvement Project budget items Administrative Services Director Carol Atwood provided information on items requested at the previous budget discussion of May 27, including: • Recap of the last two years of School Resource Officer costs • Footnote Retiree Medical Trust activity iii the budget document • Denote any deadlines on Stimulus Grant applications • Description of what $130,000 can provide for the Heart of the City • Breakdown of General Election versus Utility User Tax costs 4-1 June 2, 2009 Cupertino City Council Page 2 • What's happening with Cupertino Channel broadcasting regarding quality improvement and update on digital status • Status of bandwidth project and budget • Community Development budget regarding Below-Market-Rate housing projects for two years; mid- to long-term planning projects for two years; affordable housing projects for two years; total project to date Housing Element budget • Any cost sharing agreement for traffic study for new hotel and office squares • Capital Improvement Projects regarding a list of wish items and reconciliation between Public Works Director's and Administrative Services Director's PowerPoint presentations • Rental revenue from the Simms property • 09/10 expenditure trends Public and Environmental Affairs Director Rick Kitson explained the need for infrastructure updates (I-NET) to the cable system's fiber insertion point at Imperial Avenue, and said the estimate of creating afiber-based I-Net connection ranges from $50,000 to $100,000, depending upon the extent of existing easements and construction costs, primarily trenching. Counciimember Santoro asked staff to explore the possibility of obtaining data service over a fiber connection to Comcast. Mr. Kitson also noted that the City Attorney was reviewing the local telecommunications ordinance to make it more compliant with the new State franchising law. This State law may provide some new revenue that could be used to offset the cost of fiber to improve the picture quality of the City's television programs Jessica Garcia-Kohl, Associate Director of the Housing Trust of Santa Clara County, thanked the Council for past financial support totaling $275,000, and urged the Council's support for $25,000 for the Housing Trust in fiscal year 2010. She said the Trust is a sustainable agency with a proven record of investing in the community; it has raised $38 million, of which $30 million has already gone back into new housing and first-time home buyer loans, and another $4 million has been earmarked for the county. The Trust has invested $500,000 directly back into Cupertino. She said if the City has future affordable housing projects, the Council might wish to consider increasing their investment in the Trust, which can double the value. Jennifer Griffin said that the last time City Council discussed the budget, they talked about no longer maintaining residential sidewalks and instead making that the responsibility of the homeowners, and she strongly objected to that proposal. Mayor Mahoney said that idea was raised as an option in the fiscal strategic plan, but it was not being considered at this time. Council requested the following information to be provided at the next meeting: • Website usability assessment • Recommendations for COPS monies, and how do other cities spend those funds • What does a School Resource Officer (SRO) do • Footnote SRO and School District information in the budget • What does the City do for the school districts • Prepare a memorandum regarding school crossing guard schedules • Housing Element budget breakdown a-2 June 2, 2009 Cupertino Ciiy Council Page 3 • Estimate of staff time for traff c study and new hotel • Impacts and options regarding the state lo,~n/take away CLOSED SESSION Mayor Mahoney said that the previous evenir-~g the City Council went into closed session pursuant to Government Code Section 54957(b;!(i), Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee) regarding the Interim City Attorney, and no action was taken. RECESS -Council recessed from 6:20 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and Jed the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS - PRESENTATIONS 1. Receive annual report from the Fine Arts Commission. Robert Harrison, Fine Arts Commission Chairman, acknowledged his fellow commissioners and noted the commission's mandate which was to advance the arts in the City through a number of activities acid programs. He reported on their completed projects, on their review of public art applications, on grant applications, on the selection of a distinguished artist and an emergi~ig artist of the year and on the commission's support of the arts throughout the community. Mr. Harrison specifically thanked Commissioner Nancy Canter, a former ;Fine Arts Commissioner and Dean of Creative Arts at DeAnza College, and City Staff Liaison Kimberly Smith, City Clerk, for their major contributions toward the completion of the "Quarter Percent for Art" documents. POSTPONEMENTS City Clerk Kimberly Smith requested that item X10. 6 be deferred to a later date, so that the City Council can discuss potential improvements 1:o the teen commission appointment process. Council member Kris Wang noted that when thy;, resolution is adopted, the current membership will be changed to 11 members, not 13 members. 4-3 June 2, 2009 Cupertino City Council Page 4 WRITTEN COMMUNICATIONS The City Clerk distributed the following written communications at the meeting: • Emaii from Marshall and Nancy Wang in support of teen volunteer programs, Linda-Vista Park renovation and Regnart Road repair (Item 14) • Email from Alex and Irina Vayner, Eric Wilson, Sherri Stein, and Joseph Maggiolino advocating both fenced and unfenced off-leash recreation areas for dogs; Bryan and Carol Miller and Eric Wilson were also in favor of both types of dog areas for asix-month trial period {Item 14} • An interoffice memo from Public Works to Planning recommending that some project design features remain in force {Item 15} • Copy of the staff's PowerPoint slide presentation {Item 15) • Copy of the staff s PowerPoint slide presentation {Item 16) • Email -from Keith Murphy objecting to the housing allocation update process (Item 17) • An updated Table F.2 Tier 2 Sites inventory {Item 17a) • Copy of the staff's PowerPoint slide presentations {Item 17a and 17b) ORAL COMMUNICATIONS Ruby Elbogen noted that on July 25-26 the American Cancer Society's Relay for Life would be held at DeAnza College. She urged everyone to participate. Lin Lee urged Cupertino to work with neighboring Los Altos on the issue of establishing dog parks. Daniels Topham commented on the off leash dog issue. She stated that large dogs needed an azea in which they could run and elderly residents needed a safe place in which to run their dogs. She stated they now had nowhere to go and urged Council to correct this situation. CONSENT CALENDAR Wong/Santoro moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 6 which was deferred to a later date at the request of staff. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the May 5 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for May 1, 8, 15, and 22, Resolution Nos. 09-072 through 09-075. 4. Adopt resolutions accepting Payroll for May 1 and 1 S, Resolution Nos. 09-076 and 09- 077. 4-4 June 2, 2009 Cupertino City Council Page 5 5. Accept the Treasurer's Investment and Bu et Report for April 2009, including a report on General Fund Revenues and Expenditures. 7. Accept an application for an Alcoholic Beverage License for Longs Drug Store 9894, 10455 S. De Anza Blvd., Off-Sale General (21). 8. Accept municipal improvements, Reza Development, LLC, a California Limited Liability Company, 10484 Bvrne Avenue, APN 357-14-078. The applicant has completed City-specified improvements in the City right-of--way including sidewalk and curb/gutter work as required by the improvement agreement with the City. 9. Adopt a resolution approving a Grant of 1?asement for Streetlight Purposes, Samir Khosla and Monica Khosla, and Jivan Kumar Klrosla and Renuka Khosla, 18760 Tilson Avenue, APN 375-I7-040, Resolution No. 09-079. The owners of this property agree to grant to the City the right to enter and use an easement to construct, repair, operate ;end maintain improvements necessary for the operation of a streetlight. 10. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Watex Rights, Samir Khosla and Monica Khosl~~, and Jivan Kumar Khosla and Renuka Khosla, 18760 Tilson Avenue, APN 375-17-040, Resolution No. 09-080. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 11. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Mary E. Bennett, 18848 Loree Avenue, APN 375-15-018, Resolution No. 09-081. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 12. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Cha Eun Park and David Chon, ,and Young Bin Park and In Sung Park, 1151 S. Stelling Road, APN 362-22-016, Resolution No. 09-082. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 13. Award a construction contract for the Monta Vista Roof Project, Project No. 2009-01, to Petersen Dean Roofing and Solar Systerris, Inc., in the amount of $177,000, and approve a construction contingency of $20,000 to cover any unforeseen work required to complete the project, for a total of $197,000. 4-5 June 2, 2009 Cupertino City Council Page 6 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Adopt a resolution amending the Teen Commission composition to decrease the membership from 13 members to 9 members by the year 2010, Resolution No. 09-078. This item was deferred to a later agenda so that the City Council could discuss ways to improve the Teen Commission appointment process. Mayor Mahoney re-ordered the agenda to consider item No. 18 next. NEW BUSINESS 18. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance {city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 09-064, Resolution No. 09-084. Julie Linney from the Santa Clara County Fire Marshal's Office explained the notification process for brush abatement. She said that there were five properties which had not yet removed brush at the time the report was written, but since that time two of those properties had been abated. The Council members agreed to defer action until later in the evening in case interested property owners had not yet arrived at the meeting. Later in the meeting the issue was raised again, and there were no speakers. Wong moved and Sandoval seconded to adopt Resolution No. 09-084. The motion carried unanimously. CITY COUNTY AND REDEVELOPMENT AGENCY JOINT MEETING PUBLIC HEARINGS Mayor Mahoney announced that Council and the Redevelopment Agency were meeting concurrently to discuss the 2009-10 budgets. At 7:55 p.m., Chairman Orrin Mahoney called the Redevelopment Agency regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California and opened the public hearing on both budgets. Present: Chairman Orrin Mahoney, Vice-Chair Kris Wang, and Agency Members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. 14. Conduct the first of two public hearings on the 2009-10 budget. Review the Cupertino Redevelopment Agency Operating Budget for 2009-10. The City Clerk distributed email from Marshall and Nancy Wang in support of teen volunteer programs, Linda Vista Park renovation and Regnart Road repair; email from Alex and Irina Vayner, Eric Wilson, Sherri Stein, and Joseph Maggiolino advocating both 4-6 June 2, 2009 Cupertino City Council Page 7 fenced and unfenced off-leash recreation areas for dogs; and email from Bryan and Carol Miller and Eric Wilson who were also in favor of both types of dog areas for asix-month trial period. Director of Administrative Services Carol Atwood stated that staff was presenting Council with a balanced budget for the year 2009-10. She underscored the importance of proactive financial planning, the establisl7cnent of a Fiscal Strategic Planning Committee and annual budget reviews. Ms. Atwood presented an overview of general fund revenues and operating expenditures, the five-year capital improvement program, federal stimulus grant applications, department budgets send new budget items for consideration. These new items included: minor changes to existing staff positions, contribution to the Housing Trust Fund, completion of the Housing Element and the Heart of the City Plan. It was also noted that there was a slight increase in Sheriffls costs due to cost of living and the Sheriff s service levels would remain the same in the city. Jennifer Griffin commented that she did not believe public sidewalks should be maintained by the residents. Council stated that this issue was not bevlg proposed in this budget. It was an item that at some point would be reviewed by the Fiscal S#rategic Planning Committee. In addition to the proposed budget document under consideration, Council noted the following items should be included in the; budget discussions: $85,000 for a fiber cable to increase television reception and perhaps a higher bandwidth, a skate park {for this year's budget or some future date) and Leadersb.ip Cupertino. City Council concurred to hold an additional study session on the City Council and Redevelopment Agency budgets on Wednesday, June 10, at 4:00 p.m. in the City Council chambers. 15. Consider an appeal of a Planning Commission decision to approve a Use Permit and Architectural and Site Approval to allow the construction of a new automated carwash tunnel, a new trash enclosure and enhancements to the parking lot, and new landscaping features at an existing gas station. Application Nos. U-2009-02 and ASA-2009-02, Muthana Ibrahim (Atom Sandhu), 1699 South De Anza Boulevard, APN 366-10-I20. (Continued from May 27}. The City Clerk distributed an interoi~ice memo from Public Works to Planning recommending that some project design features remain in force, and a copy of staff's PowerPoint slide presentation. Planning Intern George Schroeder stated that on April 14, 2009 the Planning Commission had approved the above-referenced appli~: ation and on Apri127, 2009 an appeal had been filed. This appeal was based in part on: loss of revenue for the Coach House Center, hazardous conditions for customers and employees due to increased auto traffic, unnecessary congestion, noise concerns, not enough pazking and insufficient access for 4-7 June 2, 2009 Cupertino City Council Page 8 emergency vehicles. Staff addressed each of the concerns and determined that these issues had been addressed in the Planning Commission's review and approval of the application. Harvinder Singh and Jyoti Rekhi, tenants speaking on behalf of appellant Paul Rekhi, the owner of the Coach House property, presented an overall picture of the properties under discussion and commented on the access issue. They noted that no studies had been done on traffic or consumer behavior patterns. An agreement had not been reached on the easement issue and they were asking that the access be left open to their property off Prospect. In addition they commented on the noticing procedure and stated that they had not received notices of the hearings on this matter. Larry LaBarberg, Coach House property owner, said that the plan was beneficial to the gas station but they would lose a driveway on the northwest side at the Coach House property. He had hoped there could be some sort of compromise but he had tried to talk to the gas station owners and no agreement had been reached. Mr. LaBarberg also noted that twice he had received a mailing with no notice in it and had to come to the planning department to get it. Muthana Abrahim, appl'icant's architect, stated that they had worked with the Planning Commission to arrive at the layout for the Coach House and Prospect access issue. He also noted that the access off DeAnza had been closed at the recommendation of the Public Works Department because it was too close to the intersection. Adam Sandhu, applicant (owner of the gas station), stated that over the years there had been verbal agreement for two driveways but no easement had been recorded. He further stated that he would rather have no driveway rather than just one. Mr. Sandhu also commented on hours of operation, his recycling plan, the relocation and landscaping of the propane tank and the landscaping plan for the property. Ting Kao, a neighbor adjacent to the gas station, asked that an engineering study be done to make sure that the noise levels would not be increased as a result of the new car wash. Phil LaBarberg, part owner of the Coach House Center, urged that both driveways be kept open as it was advantageous to both parties. However, he stated that rather than have just one driveway he would prefer none. Carsten Hughes, a vendor to the Coach House, stated that without having access to get onto DeAnza Blvd north it would be virtually impossible to get across three lanes of traffic to get into the left-hand lane to make a U-turn. Suzi Blackman, Chief Executive Officer of the Cupertino Chamber of Commerce, asked that the City Council deny the appeal. She noted that this had not been reviewed by the Chamber's legislative action committee but the Chamber's position was to support a properly owner's right to develop his property. 4-8 June 2, 2009 Cupertino City Council Page 9 Dennis Whittaker spoke in favor of the ~~ppellant. He stated that the Coach House was a small, successful business in the commu~uty and should not be burdened by the adjacent owner's wish to open a car wash. Barry Chang noted that an easement with public use for more than five years was an easement. Sandoval moved to uphold the appeal with the following modifications: • Accept staff s recommendations regarding landscaping, egress and ingress, parking • Change item 11 to read: "the property owner shall record an access easement with the County of Santa Clara for ingress and egress access on the northeast driveway between the property (APN 366-10-:~20) and the Coach House property (APN 366- 10-061)." • Add a new condition that states: "Until the above access easement is reciprocated by the adjacent Coach House property owner, that boundary shall be landscaped by the gas station property owner." • Store and gas station will open at 6:0(! a.m. and car wash at 8:00 a.m. • The southern southeastern driveway along South De Anza, Blvd. is restored as exit only Santoro seconded for puzposes of discussion. City Planner Gary Chao stated the City wanted the owner to offer an access easement recorded on his property for future potentials. In addition, he noted that in condition eleven the word reciprocal should be deaeted as the City was not legally able to require such an easement. Wong offered a friendly amendment to make the Prospect curb cut both ingress and egress. The amendment was not accepted. Wong offered a substitute motion to make the Prospect curb cut both ingress and egress. The motion died for lack of a second. Sa~:~doval's original motion carried unanimously. RECESS -Council recessed from 10:15 -10:25 Mayor Mahoney re-ordered the agenda to discus:: item No. 19 next. 19. Approve the transfer of approximately $29,000 in unspent funds in the "Law Enforcement Santa Clara County Sheriff's Contract" account to fiscal year 2009-10 for funding school safety incentives. Santa County Sheriff Captain Terry Cs~Iderone recommended that the approximately $29,000 remaining funds for the Traffic Safety Consultant Study be rolled over to the 2009-10 fiscal year budget to fund walk/bike/carpool programs. He noted that the traffic consultant had been unable to complete several of the scheduled objectives. However, he 4-9 June 2, 2009 Cupertino City Council Page 10 did evaluate the safety issues at the fourteen schools in the City and this report as well as other data and project ideas had been presented to the Public Safety Commission. Recommendations were made for specific safety measures at five of the schools (Collins Elementary, Eaton Elementary, Garden Gate Elementary, Sedgwick Elementary and Hyde Middle School}. In addition to this report an initial survey had been completed of the schools regarding current use of the walk/bike/carpool program. It was also noted that the motor unit enforcement around the schools had been very effective on traffic and driver education and the goal was to keep this program in place. Nina Daruwalla, member of the Garden Gate Elementary PTA, noted that there were parent volunteer crossing guards at Garden Gate Elementary School on three crosswalks. Jennifer Griffin supported the recommendation for the addition of an overhead flashing amber signal at the crosswalk at Sedgwick Elementary. She noted this was a very congested area and any additional safety measures would be helpful. Tamara Pow, Public Safety Commission Chairman, stated that the commission was working diligently with the schools on the safety incentive programs and considering several ideas for encouraging participation in these programs. The commission supported the recommendation to designate #hese funds for the incentive programs. Council member Wong referred to the five schools specifically mentioned and suggested that the schools and particularly the neighbors be notified of the proposed installation of certain safety measures. The City Manager noted that a public hearing could be scheduled. Council discussed this and it was decided that it would be sufficient to send out notices to the schools and neighbors notifying them of the proposed ideas and giving them the opportunity to comment. Sandoval moved and Wong seconded to roll over the remaining $29,000 to Fiscal Year 2009/2010 to fund Walk/Bike/Carpool programs. The motion carried unanimously. 16. Consider adopting a resolution amending the 2008 Annual Plan to award $105,013 in Communi . Development Block Grant Recovery (CDBG-R) funds appropriated by the American Recovery and Reinvestment Act (ARRA) and authorizing the City Manager to submit the amended plan, project proposals and funding application to HUD, Resolution No. 09-083. The City Clerk distributed a copy of the staff s PowerPoint slide presentation. Senior Planner Vera Gil reviewed the staff report and discussed the ARRA stimulus funds from the federal government that are available in addition to the CDBG funds that the city usually receives each year. Sandoval moved and Wang seconded to adopt Resolution No. 09-083. The motion carried unanimously. 4-10 June 2, 2009 ~ Cupertino City Council Page 11 Mayor Mahoney re-ordered the agenda to discuss item Nos. 18 and 20 next. NEW BUSINESS -continued 18. Consider objections to the proposed remcwal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 0~~-064, Resolution No. 09-084. This item was originally discussed after the Consent Calendar. At 11:10 p.m. Wong moved and Sandoval seconded to adopt Resolution No. 09-084. The motion carried unanimously. ORDINANCES 20. Conduct the second reading of Ordina~~ce No. 09-2042: "An Ordinance of the City Council of the City of Cupertino adding Chapter 16.74 to adopt the Wildland Urban Interface Fire Area" Wong moved and Sandoval seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Wong moved and Sandoval seconded to enact Ordinance No. 09-2042. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. No~~s: None. 17. 17. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009- O5, GPA-2009-01, EA-2009-03, City of t:upertino, Citywide {continued from May 5): a) Adopt a draft 2007-2014 Housing Element and forward to the State Department of Housing and Community Development (HCD) b) Consider increasing the office allocation in the General Plan The City Clerk distributed email from Keith Murphy objecting to the housing allocation update process; an updated Table F.2 Ti~:r 2 Sites inventory for Item 17a; and copies of the staff PowerPoint presentations for items 17a and 17b. Consultant Paul Peninger, Vice President of Bay Area Economics, stated that at this time they were asking Council's permission to forward the draft Housing Element to the State Department of Housing and Community Development for their review and comment. Mr. Peninger gave the Council an update on the following: the Housing Element update process, the certification process, the components of the Housing Element, the Bay Area Regional Housing Needs Allocation {RHIVA) 2007-14, the RHNA Planning Goals 2007- 14, the site inventory process, sites to accommodate RHNA and potential sites for discussion. Mr. Peninger noted that the RHNA planning goals included the following: 4-11 June 2, 2009 Cupertino City Council Page 12 allocation, 1,170; already approved, 533; new construction, 717. He said that low- and very-low-income housing was still needed. Mr. Peninger also reported on the following key zoning and land use changes and policy changes: 1) Adopt changes to the zoning code to permit residential uses on designated parcels in the following districts: Heart of the City, Homestead Road, South Vallco Park, North DeAnza Boulevard and Non- Designated Areas. Zoning and land use changes would add residential uses to existing uses and would not preclude existing uses from continuing operations. City-initiated re- zoning would not trigger reassessment of pxoperty or result in any fees for the owner.; 2} Increase residential allocations in the following areas: Heart of the City, North DeAnza Boulevard and Vallco Park South; 3) In order to comply with State law, the City will revise the Zoning Ordinance to permit permanent emergency shelter facilities in "BQ" Quasi-Public Zones and 4) Coordinate with the local school districts to discuss city planning initiatives, the development process and school capital projects and operating plans. Senior Planner Vera Gil and Director of Community Development Aarti Shrivastava responded to questions raised by Council on the site inventory process, the sites recommended to accommodate RHNA and the allocation numbers. Staff noted that in order to meet the allocation needs, the City did not need to build the units but must show that the sites were there. Staff also noted that Council could send the draft Housing Element to the State before taking action on the key zoning and land use changes and policies as noted by the consultant. Additionally, staff explained why the proposed sites yielded more units (1,059) than the required 717, stating that it was expected the State may reject some of the sites. Concerning granny units, staff stated that they could only be counted if built and subdivisions could be counted only if they met the twenty units per acre requirement. Jennifer Griffin agreed that there were housing needs but she also noted the current high rate of unemployment in the county. She did not agree that retail spaces should be turned into housing. Furthermore, she strongly believed that affordable housing should also include park areas. Suzi Blackman, Cupertino Chamber of Commerce CEO, stated that she had participated in the focus meetings on this issue and the consultant had done an excellent job of obtaining comments from the community. Ms. Blackman noted the importance of keeping local sites available for the continuing growth of the community and stated her support of the draft Housing Element. Keith Murphy commented that he wished there had been a map that showed the housing sites and stated what the city needed to provide. Mr. Murphy believed that the community had not been sufficiently engaged in this process. Bern Steves noted that a lot of money had been spent on a consultant that he felt was unnecessary. He also referred to the statement that every city was required by law to have an approved Housing Element in place and questioned what the consequences were if a city did not have one. He encouraged Council to reconsider the numbers and proposals 4-12 June 2, 2009 Cupertino City Council Page 13 before them, and to consider suitable ol-tions such as granny units and plot partitions. Mr. Steves also urged Council to preserve the character of the city. Tom Hugunin and Robert McKibben distributed and discussed a copy of Table F.1: Tier 1, Site Inventory, with a column marked CCC/CARe Proposed Yield. They recommended looking at other options when considering high density development such as granny units, parcel splits and the infilling of existing apartment complexes. They also stressed the importance of maintaining the tax base with commercial, retail areas. For example, the frontage along the Stevens (reek Corridor could include retail in front with residential in back. The chart they had prepared and distributed to Council showed their recommendations for sites and numbers. Barry Chang stated that higher density in housing resulted in higher density in the schools. He also recommended lookin€; for park areas when considering the housing issue. Mr. Chang commented that he did not think this important discussion on housing should take place at such a late hour. Darrel Lum supported the comments made earlier by Tom Hugunin and Robert McKibben. He also agreed with Mr. Cha~ig that it was much too late in the evening to be discussing this matter and comments by the community were minimized because of the late hour. Council agreed that they wanted additional time to examine the allocations and sites proposed in the draft Housing Element as well as the information and suggestions provided by residents at this meeting. In addition, Council agreed to look at any properties that may have been left offs the list and to -bring to the discussion any suggestions for possible sites. Council ~ilso agreed that additional units would not be submitted to the State in the draft Hou;~ing Element. Council stated that they would discuss these options to arrive at their be::t recommendation for 717 housing units at their next meeting. Wong moved and Sandoval seconded to continue Item No. i 7A to June 10. The motion carried unanimously. Senior Planner Gary Chow reviewed tl7~e staff report on the issue of a General Plan amendment to increase the office allocai:ion. He referred to the development allocation table and noted that currently there were :345,612 square feet of office space remaining in the General Plan. Mr. Chow also noted that there were 483,OS3 square feet of residual office allocation available from the 200:> General Plan. The Council had the option of adding the residual office allocation b;~ck into the office allocation. The Planning Commission's recommendation was that the Council amend the 2005 General Plan to add back the residual office allocation and further recommended that this new office allocation should be reserved for major companies. 4-13 June 2, 2009 Cupertino City Council Page 14 Keith Murphy stated that he had hoped the committee formed to provide input on the housing element would have had an opportunity to meet with the business community to discuss proposed office allocation needs. The committee believed that there was a link between the housing element and office allocation needs. However, this dialogue had not taken place. Suzi Blackman, CEO of the Cupertino Chamber of Commerce, stated that the Chamber supported a General Plan amendment to increase the office allocation. It was important to allow Apple and Hewlett Packard to grow and expand. Both of these companies not only made many significant contributions to the city but also provided revenue and a positive visibility. Ms. Blackman also urged Council to allow these companies strategic flexibility to explore a variety of land use decisions. Tom Hugunin stated his support for an increase in office allocations but did not support a General Plan amendment at this time. Apple and Hewlett Packard had not shown any plans for what they proposed to do. Mr. Hugunin supported a letter of intent or a development agreement that would not result in any additional housing needs. Jennifer Griffin agreed that Apple and Hewlett Packard were important to the city but she did not support a General Plan amendment. She supported an increase in office allocations but urged Council to proceed carefully. Ms. Griffin commented that presently there was a high rate of unemployment in the county and there was ajobs/housing imbalance. Barry Chang referred to the issue of fairness and asked if other companies would be able to come in for a General Plan amendment. Apple and Hewlett Packard needed a plan and he did not think it was prudent planning to increase their office allocations without one. In addition he noted that these increased office allocations would have an impact on housing, traffic and schools. Many Miller, Planning Commissioner, stated that he was not opposed to giving Apple and Hewlett Packard the additional square footage but the city had a responsibility to plan for the housing needs that would come as a result of these additional allocations. Mr. Miller referred to the North Vallco Master Plan Study and believed this issue before Council affected North Vallco. He raised the issues of housing requirements, green house gas requirements, traffic and the needs of future tenants. Mr. Miller also referred to the General Plan which required housing for commercial development and believed the key to controlling housing in the city was the office square footage. 'Mr. Miller suggested several locations that had not been included in the list of key sites for housing. Norm Hackford did not support giving out an increase in office allocations without a plan. 4-14 June 2, 2004 Cupertino City Council Page 15 Kelly Kline, Redevelopment/Economic Development Director, commented on the issue of housing in industrial areas and noted that housing cannot be located near certain industries, such as those using chemical:>, hazardous materials, etc. She also referred to the current office allocations under disc:ussion and the future diversification of office allocation needs. Michael Foulkes, Apple's Senior Manager for State and Local Government Affairs, noted that Apple had come to the Council in 2008 with their concept of a world-class campus for Apple. Meetings had been held and Moth Apple and the city had worked together on this concept. Today the critical issue was timing. Apple needed to know what their office allocations were in order to proceed with their plan. If this General Plan amendment was not approved now it could result in a seri~~us delay for the project. Mr. Foulkes stated that Apple worked within the regulations of tl^~e city and would not prepare a plan based on speculation that a General Plan amendment would later be approved. He also stated that they saw this as a project to complete: their world-wide headquarters but not a project that would result in additional housing needs. Senior Planner Vera Gil and Director of Community Development Aarti Shrivastava addressed several issues raised by Council. They noted that this office allocation issue was not a part of the housing element that would be submitted to the State. Council had directed staff in 2008 to review the additional office allocation on a pazallel track with the Housing Element update. The city was allowed four General Plan amendments a year and this amendment could be included v~7th any General Plan amendments related to the Housing Element as well as to the Heart ~~f the City. Regazding Apple's proposed campus Council referred to several elements such. as a gym and cafeteria that were really separate from office spaces. At Council's directi~~n staff agreed to contact ABAG regarding the formation of a new amenities based category. It would be pointed out that such amenities would not increase housing needs. Staff commented on the issue of who would pay for the General Plan amendment. Regazding housing Council asked that the city be proactive when considering the housing needs for the next Housing Element. Staff stated that it would be difficult to determine such future needs but they would contact ABAG for a best guess estimate. Sandoval moved to direct staff to move forward with the project and bring the environmental review back for discussion in July. Wang seconded for discussion. The motion carried unanimously. UNFINISHED BUSINESS -None NEW BUSINESS -continued I9a. Review summer schedule of Council meetings. (Continued from May 27). This item was continued to June 10. 4-15 June 2, 2009 Cupertino City Council STAFF REPORTS -None COUNCIL REPORTS -None REDEVELOPMENT AGENCY MEETING ROLL CALL A. Approve the minutes from June 17, 2008. Page 16 Wong moved and Wang seconded to approve the minutes as presented. The motion carried unanimously. B. Review the Cupertino Redevelopment Agency Operating Budget for 2009-10 This item was discussed at 8:35 p.m. concurrently with the public hearing on the City of Cupertino budget. ADJOURNMENT At 2:18 a.m., the joint meeting of the City Council and Cupertino Redevelopment Agency was adjourned. There is a budget study session scheduled at 4:00 p.m. on Wednesday, June 10, 2009, as a special joint meeting of the City Council and Redevelopment Agency. The meeting will be held in the City Council Chambers. There is an additional public hearing on the City Council and Redevelopment. Agency budgets scheduled on Tuesday, June 16, 2009 as a part of the regular meeting. Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.ora. Click on Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.org ,then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 4-16 CUPERTIN~ DRAFT IvIINUTE5 CUPERTINO CITY COUNCIL Regular .Meeting Tuesday, June 16, 2009 JOINT CITY COUNCIL AND P;EDEVELOPMENT MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the joint regular meeting of the City Council and the Redevelopment Agency to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. Redevelopment Agency members present: Chairman Orrin Mahoney, Vice-Chair Kris Wang, and Agency members Dolly Sandoval, Mazk Santoro, and Gilbert Wong. CEREMONIAL MATTERS -PRESENTATIONS -None POSTPONEMENTS Wong moved and Wang seconded to continue item No. 17 July 21 at the request of staff. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • An email from Eva Wong proposing an increased effort to recruit high school students as volunteers (No. 14) • A packet of information requested by Council regarding possible additional items for the budget (No. 14) • An email with attached letter from Michael Foulkes regarding additional properties discussed under the housing element (No. 18) • Letter from Philip Mahoney regarding th~~ housing element and rezoning of property (No. 18) • PowerPoint presentation (No. 18) 4-17 June 16, 2009 Cupertino City Council Page. 2 ORAL COMMUNICATIONS Daniel Nguyen, Volunteer Coordinator for the July 4 grand opening of Blackberry Farm event, said that volunteers are needed from safety groups such as the Citizens Corps, Community Emergency Response Team {CERT), Cupertino Amateur Radio Emergency Service (CARES), and the Medical Corps. He noted that there would be a training session for the event on June 29 and that the Sheriff's Department would sponsor a BBQ for all the volunteers on the day of the event. CONSENT CALENDAR Wong moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 4, 6, 9, 10 and 11 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santora, Wang, and Wong. Noes: None. Abstain: None. i . Approve the minutes from the May 27 and June 1 City Council meetings. 2. Adopt resolutions accepting Accounts Pavable for May 29 and June 5, Resolution Nos. 09-085 and 09-086. 3. Adopt a resolution accepting Payroll for May 29, Resolution No. 09-087. 5. Authorize the Mayor to sign a letter supporting Mt. Umunhum cleanup. 7. Alanna Schroeder, (Rocktino Fee, LLC), 10100 Tantau Avenue, APN 316-19-061: a) Authorize a request for a one year extension for the Use Permit (tT-2007-03) for a retail building and parking garage project at an existing office site to August 21, 2010, Application No. DIR 2009-06 b) Authorize a request for a one year extension for the Architectural & Site Approval (ASA-2007-OS) and Exception to the Heart of the City Specific Plan (EXC-2007- 08} for a retail building with a 32-foot setback along Stevens Creek Boulevard and N. Tantau Avenue, and parking garage project at an existing office site to August 21, 2010, Application No. DIR-2009-07 c) Authorize a request for a one year extension for the Tree Removal Permit (TR- 2007-03) in conjunction with an approved retail building and parking garage project at an existing office site to August 21, 2010, Application No. DIR 2009- 08 8. Adopt a resolution setting a hearing, date of July 21 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 09-089. 4-78 June 16, 2009 Cupertino Ciity Council Page 3 12. Adopt a resolution calling a General Municipal Election on Nov. 3, 2009, to fill three City Council seats, Resolution No. 09-091. 13. Award a construction contract for the A/Iemorial Park Softball Field and Library Field Irrigation Renovation Project, Project rfo. 2009-02, to B & B Landscape Contractors, Inc., in the amount of $234,031, and approve a construction contingency of $35,000 to cover any unforeseen work required to complete the project, for a total of $269,031. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Adopt a resolution supporting the move of the Oakland A's to San Jose, Resolution No. 09-088. Santoro moved and Wong seconded to approve this item. The motion carried unanimously. 6. Authorize the Mayor to sign a letter opposing SB 711 regarding labor relations. Council member Sandoval noted that this bill is currently inactive and Council took no action. 9. Accept applications for an Alcoholic Beverage License: a) TGI Fridays, 10343 N. Wolfe Rd. - On Sale General Eating Place (47) b) Chiaramonte's Sausage & Deli, 10123 N. Wolfe Rd. - On Sale Beer and Wine for Bona Fide Public Eating Place {41) Wang moved and Wong seconded to accept the applications. The. motion carried unanimously. 10. Adopt a resolution adopting the 2007 'Valley Transportation Authorit~VTA) Bicycle Technical Guidelines, Resolution No. 09~-090. Santoro moved and Wong seconded to adopt the resolution. The motion carried unanimously. 11. Authorize the City Manager to apply four Federal stimulus funding from the Department of Energy {DOE) through the Energy Efficiency and Conservation Block Grant {EECBG) program and enter into an agreement with Siemens to perform a detailed energy and water audit of City facilities and grounds. Santoro moved and Sandoval second~:d to approve this item. The motion carried unanimously. 4-19 June I d, 2009 Cupertino City Council Page 4 PUBLIC HEARINGS I4. Receive public comments, discuss, and adopt the 2009-10 budge#: a. Grant a Negative declaration- b. Adopt a resolution establishing an operating and capital budget for fiscal year 2009-10, Resolution No. 09-092 c. Adopt a resolution establishing an appropriation limit for fiscal year 2009-10, Resolution No. 09-093 d. Adopt a resolution establishing an operating budget for the Redevelopment Agency, Resolution No. 09-01 e. Authorize a Park Planner position and Senior Code Enforcement position Deputy City Clerk Grace Schmidt distributed an email from Eva Wong proposing an increased effort to recruit high school students as volunteers, and a packet of information requested by Council regarding possible additional items for the budget. Administrative Services Director Carol Atwood reviewed the follow-up information requested by the City Council at their last budget meeting on June 10 and asked the particular staff person to comment on his or her items: Public and Environmental Affairs Director Rick Kitson commented on the City Channel broadcasting options to enhance quality and the cost to upgrade the website search engine; Atwood responded to questions regarding Citywide noticing and the possibility of going electronic; Parks and Recreation Director Mark Linder talked about school fields and De Anza College & Foothill Union High School District {FUHSD} services; Rick Hausman, from the Cupertino Union School District (CUSD) responded to questions regarding the contract for crossing guards. At 8:1 d p.m., Mayor Mahoney opened the public hearing. Ed Hirshfield asked Council to consider lighting the upper 5 tennis courts at the Cupertino Sports Center. He recommended studying the degree of interference from light and/or sound and to have a City sponsored group meeting with the Home Owners Association of the neighboring condominium complex to discuss these issues. He also thanked Council for funding the existing lighting. Jennifer Griffin said that sidewalk maintenance should be considered just as important as maintenance on roads, street lights and other City amenities. She also noted the importance of parks such as the Lawrence Mitty Park and to retain the school resource officers {SROs). She said that citywide noticing is a major issue since some people don't use the Internet and don't have computers. 4-20 June lb, 2009 ~ Cupertino City Council Page 5 Jim Black complimented the City Coun+~il and staff on a balanced budget and the new playground at Blackberry Farm. He also thanked Council for considering the dog park and said that more things could be done vrith the bridge and ponds at Linda Vista. Daniel Nguyen, Vice-chair of the Public Safety Commission, said that the commission is making good progress on and working diligently to use the $29,000 Council provided to the commission. He said that two key projects are awalk/bike/carpool to school event on October 9 which is the same day as National Walk to School Day, and that they are hoping to have another event next spring to coincide with Bike to Work Day. He responded to a comment from Council regarding the crossing guard contract and said he would take it back to the commission for input. At 8:33 pm. Mayor Mahoney closed the x~ublic hearing. Council directed staff to look into these fi~llow-up items: • Make sure the 9 school fields are included in the park land statistics • Add information in the Cupertino Scene that school fields can be used after school hours • Next time aland-use citywide notification is done, reference the website for updates and start a database for those who will accept email • What programs does the Sheriff's office provide for youth • Meet with the Homeowners Association next to the Cupertino Sports Center to see what concerns are, if any, regarding lighting the additional 5 tennis courts • School sports field maintenance agreement • Review the crossing gua~•d contract for operational savings possibilities and provide Council with ~~ontract specifics Wong moved and Sandoval seconded t~~ grant a Negative Declaration for the City of Cupertino budget. The motion carried unanimously. Wong moved and Sandoval seconded to adopt City Council Resolution No. 09-092, establishing an operating and capital budget for the City of Cupertino for fiscal year 2009-10 with the following changes: • Reduce playground safety audit ($8,500) • Reduce annexations {$10,000) • Reduce building abatements {$15,000) • Reduce building maintenance for Quinlan ($20,000) • Reduce building maintenance for the Senior Center ($18,000) • Reduce school field maintenance for Lincoln {$22,000) • Reduce school field maintenance for Garden Gate ($28,000) • Add website search engine: $30,000 • Add leadership 95014 $12,500 • Add City Channel re-cabling project $50,000 4-21 June 16, 2009 Cupertino City Council Page 6 Add walk bike to school program $50,000 The City Manager/Admire Services Director to fmd $20,000 to balance include $580,000 out of the Recreation Fund for the Linda Vista water feature and dog park project The motion carried unanimously. Wong moved and Sandoval seconded to adopt City Council Resolution No. 09-093, establishing an appropriate limit of $70,733,348 for the City of Cupertino for fiscal year 2009-10. The motion carried unanimously. Wong moved and Sandoval seconded to adopt Redevelopment Agency Resolution No. 09-01, establishing an operating budget for the Redevelopment Agency for fiscal year 2009-10. The motion carried unanimously. Wong moved and Sandoval seconded to authorize a Park Planner position and Senior Code Enforcement position for the City of Cupertino. The motion carried unanimously. ADJOURNMENT -REDEVELOPMENT AGENCY At 9:42 p.m. the Redevelopment Agency adjourned, and the City Council meeting recessed from 9:42 p.m. to 9:53 p.m. PUBLIC HEARINGS -CITY COUNCIL 15. Adopt a resolution approving the renewal and collection of the existing storm drain fees at no increase in rates for fiscal year 2009-2010, Resolution No. 09-094. Public Works Director Ralph Qualls reviewed the staff report. At 9:54 p.m., Mayor Mahoney opened the public hearing. There were no speakers, and the hearing was closed at 9:54 p.m. Sandoval moved and Wang seconded to adopt Resolution No. 09-094. The motion carried with Council members Santoro and Wong absent. 15. Consider a modification to a Use Permit {49-U-87) to allow an approximately 5,570 square foot preschool & daycare facility to operate at an existing commercial building. The application also includes a new outdoor play area in a section of the existing rear parking lot. (Growing Tree Leazning Center), Application No. M-2009-03, Suna Lai (Cupertino Stevens, LLC), 20100 Stevens Creek Blvd., Suite 150, APN 369-03-002. City Planner Gary Chao reviewed the staff report. a-ii June 16, 2009 Cupertino Cifir Council Page 7 Applicant Janice Yeh speaking on behalf of the owner of the school said that they are happy to extend the existing curb so cars can't drive directly into the playground area. She answered questions from City Council regarding green screening. At 10:14 p.m., Mayor Mahoney opened the public hearing. There were no speakers, and the hearing was closed at 10:14 p.m. Wong moved and Santoro seconded to approve the use permit modification to allow a preschool and daycare facility in the existing commercial building as recommended by the Planning Commission with the followi~~g additional conditions: • Daycare/preschool or similar uses, as determined by the Director of Community Development, shall not be allowed in the remaining portion of the building {where Chicago Title currently occupies) • Extend the existing curb along the East side of the play yard adjacent to the existing drive aisle The motion carried unanimously. 17. Consider a maior amendment modif~g tl-e Architectural and Site Approval {ASA-2008- OS), Use Permit Modification (M-2008-0:3), Director's Minor Modification {D1R-2008- 32) and Tree Removal Permit (TR-2008-(}b) for the purpose of extending the expiration date of these approvals for six years, phasing construction, clarifying conditions of approval, and modifying the traffic and signal improvement condition, Application No. M-2009-02, Tim Kelly {Embarcadero Capital Partners), 1 Results Way, APN Nos. 357- 20-046, 357-20-041. (Continued to July 21 at the request of staff). During the "Postponements" section of th~~ agenda, this item was continued to July 21 as requested by staff. UNFINISHED BUSINESS 18. Consider General Plan Amendments Application Nos. GPA-2008-01, EA-2009-05, GPA-2009-O1, EA-2009-03, City of Cupertino, Citywide (continued from June I0): a) General Plan Amendment for 2007-2014 Housing Element update Deputy City Clerk Grace Schmidt distributed the following written communications for this item: • An email with attached letter from Michael Foulkes regarding additional properties discussed under the hou:~ing element • Letter from Philip Mahoney regarding the housing element and rezoning of property • PowerPoint presentation from staff 4 - 23 June 16, 2009 Cupertino City Council Page 8 Senior Planner Vera Gil reviewed the staff report via a PowerPoint presentation. Jennifer Griffin said that rezoning valuable tech and commercial property along congested corridors to high density housing is a terrifying idea. She said that she is fearful of what Cupertino will look like in the future if spot zoning continues. She also urged Council to not sacrifice the Loree Center. Keith Murphy said that he attended all the housing element meetings and that the process wasn't as useful as what it could have been. He noted that the community would support what would need to be done in the future if the City would let them help more with the process. He answered questions from City Council. Bob McKibbin and Tom Hugunin distributed a handout to Council regarding the numbers brought up by staff and the consultant. Mr. McKibbin said that there was a discrepancy in the numbers from April regarding how many units were needed. He asked where it says the properties to be earmazked have to be 20 units per acre or larger and recommended looking further at granny units and parcel splits. He noted that there should be a broader view of how to address the low-income housing element. He said that there is further room for more apartments and recommended that staff consider the option of building apartments above the garages rather than looking at the greenbelt that's associated with the apartment complex. He noted that the 2mini-storages are at the end of their economic life at this point and over 5 years, it's plausible that these could be converted to residential use. He said they support the idea of changing the density rate from 15 to 10 or lower to make up the other numbers. They answered questions from Council. Community Development Director Aarti Shrivastava explained the numbers discrepancy and said that only 437 of the 516 units could be counted because the others didn't meet the low-income requirements. She noted that this information is also on page 50 of the Housing Element. Consultant Paul Peninger from Bay Area Economics explained the 20 dwelling units per acre question. He said that this is a California Department of Housing and Community Development (HCD) and not an ABAG requirement and that it is explained on the HCD website. Staff noted that. a link to this page can also be found on the Housing Element page of Cupertino's website. He said that the standard is to show that a City has enough sites at a minimum density of 20 dwelling units to the acre to meet the regional housing allocation goals. This number would be different in another city, for example, it is 30 in San Francisco. He noted that this is moderate density housing, not high density housing, and definitely not towers. He answered questions from Council. Santoro moved to forward a draft Housing Element with a sites inventory that contains sites 1-9 from Table F.1 (Tier 1), the former Morley Bros. site, the Glenbrook Apartments, the Villages at Cupertino, and the 3 parcels containing 10670-10700 N. Tantau Ave. from Table F.4. Wong seconded for purposes of discussion. Mahoney offered a friendly amendment that if the Tantau property owner is unwilling to pay for a soil study, then site 14 at 20705 Valley Green Dr. would be a backup site. Santoro a-za June 16, 2009 Cupertino Cit•~ Council Page 9 accepted the friendly amendment. Wang offered another friendly amendment to lower the realistic yield buffer from 15% to IO% four the fast choice properties, but if the property owner does not agree to pay for a soil test, then the realistic yield buffer would then reflect the 15% decrease. Santoro accepted the friendly amendment. The motion carried unanimously. ' NEW BUSINESS 19. Consider approving revisions to Title 6 Chapter 6.28 "Governing the Provision of Cable and Video Services in the City", of the Cit;/ of Cupertino Municipal Code. a) Conduct the first reading of Ordinance No. 09-2045: "An Ordinance of the City of Cupertino amending Chapter 6.28, governing the provision of cable services in the City, of Title b, Franchises, of the Cupertino Municipal Code." Public and Environmental Affairs Director Rick Kitson reviewed the staff report. The Deputy City Clerk read the title of the ordinance. Wang moved and Sandoval seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: ;!Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT At 11:29 p.m., the meeting was adjourned. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for xeview at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.or~. Click on Agendas & Minutes, and then click on the appropriate Packet. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience at www.cupertino.org, Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the CupE;rtino Library, or may be purchased from the Cupertino City Channel, 777-2364. 4-25