03. Draft minutesC U P S RT I N O DRAFT MINUTES
CUPERTINO CI'CY COUNCIL
Regular Meeting
10350 Torre Avenue, Commu~iity Hall Council Chamber
Tuesday, Jully 7, 2009
ROLL CALL
At 6:00 p.m., Mayor Orrin Mahoney called the mE;eting to order in the Community Hall Council
Chamber, 10350 Torre Avenue, Cupertino.
Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval,
Mark Santoro, and Gilbert Wong. Absent: none.
CLOSED SESSION
1. Appointment, Employment, Evaluation of :Performance, Discipline or Dismissal of Public
Employee -Government Code Section 5~4957(b)(1) regarding appointment of the City
Attorney. (No documentation in packet).
The Council was in closed session from. 6:05 p.m. until 6:50 p.m. Mayor Mahoney
announced that no action had been taken.
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Orrin Mahoney called the regular meeting 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.
CEREMONIAL MATTERS - PRESENTATIONS
2. Employee CERT graduation. (No documentation in packet).
Emergency Preparedness Coordinator Marsha Hovey introduced the twenty graduates of
the most recent CERT (Cupertino Emergency Response Team} training program. She
noted that these city employees had completed ten weeks of training and were leading by
example in the city's emergency preparedness program. Hovey said that anyone interested
in participating in this program should contract city hall for more information.
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July 7, 2009 Cupertino City Council Page 2
3. E-services presentation- regarding on-line business license renewals, inspection
scheduling and plan review status. (No documentation in packet).
Information Technology Manager Mariyah Serratos gave an overview of the e-services
available to the community regarding business license renewals, inspection scheduling,
payment of fees and plan review status. She also addressed confidentiality issues, turn-
around times, the different types of accounts (customer and new user) and the public's
ability to submit questions and comments.
POSTPONEMENTS -None
WRITTEN COMMUNICATIONS
The City Clerk distributed a letter from Green Waste Recovery, Inc. recommending a 90-day
extension of the Recycling and Waste Collection franchise decision and stating their support for
the Request for Proposal process (item No. 24).
ORAL COMMUNICATIONS
Mr. Bob Kroeger said that he had been a participant in the dog park/off-leash discussions and had
concerns about a proposal/petition that had been submitted at the July 1 meeting of the off-leash
area committee. He noted that the petition included issues that did not coincide with the city's
parks and recreation guidelines. For example, the written approval of the plan by b6% of the
residents within 540 feet of the off-leash area was not part of the proposal, and the petition did
not address whether the area would be fenced. Mr. Kroeger also noted that the issue of a buffer
zone between homes and the off leash area was not in the city's guidelines but should be
included.
CONSENT CALENDAR
Sandoval moved and Wong seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 8, 16, 17, 18, 19, and 23, which were pulled for
discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None.
4. Approve the minutes from the June 2 and 16 City Council meetings.
5. Adopt resolutions accepting Accounts Payable for June 12, 19, and 26, Resolution Nos.
09-095 through 09-097.
6. Adopt resolutions accepting Payroll for June 12 and 26, Resolution Nos. 09-098 and 09-
099.
7. Accept the Treasurer's Investment Report for May 2009, including a report on General
Fund Revenues and Expenditures.
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9. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Mission West Properties I, L.P., 20400 Maziani_ Avenue, APN 316-22-018,
Resolution No. 09-100.
The property owners of this development agree to grant to the City the right to extract
water from the basin under the overlying property.
10. Adopt a resolution approving an improverent agreement, Huei-Hwang Hung and Tracy
Hsu, 21871 Dolores Avenue, Parcel 2, Resolution No. 09-101.
Through the improvement agreement with the City, the applicant for a building permit for
a single-family residential development will be obligated to bond and construct city-
specified roadside improvements along the street frontage of their building site.
11. Adopt a resolution accepting a Quitclaim I>eed and Authorization for Underground Water
Rights, Huei-Hwang Hung and Tracy Hsu, 21871 Dolores Avenue, Parcel 2, Resolution
No. 09-102.
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.
12. Adopt a resolution accepting a Quitclaim I}eed and Authorization for Underground Water
Rights, Union Church of Cupertino, 20900 Stevens Creek Boulevard, APN 359-08-024,
Resolution No. 09-103.
The property owners of this development agree to grant to the City the right to extract
water from the basin under the overlying property.
13. Adopt a resolution accepting a quitclaim L)eed and Authorization for Underground Water
Rights, Kong-Yeu Han and Sue-Jane Han., 21881 Dolores Avenue, Parcel 1, Resolution
No. 09-104.
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.
14. Adopt a resolution expressing the intent to vacate a Pacific Gas and Electric Company
Utility Easement, City of Cupertino parcel north of Hi hway 280 underneath the northern
approach of the Marv Avenue Bridge, Resolution No. 09-105.
The City agrees to vacate a Pacific Gas and Electric Company Utility Easement that is no
longer required by PG&E. A portion of the land will be transferred to Caltrans as a result
of the construction of a new sound wall for the Mazy Avenue Bridge Project.
I5. Adopt a resolution expressing the intent to vacate a Slone Easement, David Nilsson,
10037 Scenic Boulevard, APN 357-09-055, Resolution No. 09-106.
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July 7, 2009 Cupertino City Council
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The City agrees to vacate a slope easement that encumbers a portion of this property. The
easement was originally accepted to maintain a potential slope that would have been
created with an expansion of Stevens Creek Boulevard. The expansion of Stevens Creek
Boulevard, in this area, was never realized.
20. Accept municipal improvements, Andrew Joseph Debaets and Rebecca Rea Smith, 10399
Byrne Avenue, APN 357-12-027.
The applicant has completed City-specified improvements in the City right-of--way,
including driveway approach, grading, curb and gutter as required by the improvement
agreement with the City.
21. Review bids and award the contract for Pavement Restoration, Project No. 2009-03, to G.
Bortolotto & Co., Inc., in the amount of $198,876.00, and approve a construction
contingency of $20,000.00 to cover any unforeseen work required to complete the project,
for a total of $218,876.00.
22. Accept the resignation of Bicycle Pedestrian Commissioner Donald Armstrong and direct
staff to advertise the vacancy.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
8. Consider the Teen Commission composition and application screening process:
Councilmember Wong questioned whether the proposed reduction in members would
allow for adequate representation from all of the schools involved. Councilmember
Santoro believed that the ranking system was confusing and recommended eliminating it.
Lauren Phillips, staff liaison to the Teen Commission, explained that it was the
Commission's recommendation to reduce the number to 9. The commission felt the
current number of members was too large to be effective and there was difficulty getting a
quorum. Staff concurred with the commission's recommendation
a) 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 (continued from June 2)
b) Direct staff to further amend the Teen Commission resolution regazding the
application screening process
Wong moved and Sandoval seconded to adopt Resolution No. 09-078, and also directed
staff to prepare an amended Teen Commission resolution to delete the original section A
which triggered a ranking procedure for more than 30 applicants; instead, all applicants
will be interviewed. The motion carried unanimously.
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Public Works Director Ralph Qualls explained that the aerial photographs for the following items
16 through 19 incorrectly outlined an area which included some neighboring parcels. He showed
a corrected photograph with the appropriate parcel outlined.
I6. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground. Water
Rights, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855
N. Stelling Road, Amended Map of Tract t1o. 9983, Resolution No. 09-107.
The property owners of this multi-family residential development agree to grant to the
City the right to extract water from the basin under the overlying property.
17. Adopt a resolution approving a Stormwater Mana eg ment Facility Easement Agreement,
Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N.
Stellin~d, Amended Map of Tract No. 9983, Resolution No. 09-108.
Through an agreement with the City, the Iroperty owners of this multi-family residential
development will be required to grant ingress and egress rights to the City for the purpose
of inspecting Stormwater management facilities installed in accordance with the approved
Stormwater Management Plan.
18. Adopt a resolution approving a Stormwater Management Facilities Operation and
Maintenance Agreement, Stelling Palm:; of Cupertino, LLC, a California Limited
Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983,
Resolution No. 09-109.
Through an agreement with the City, the property owners of this multi-family residential
development will be required to operate and maintain stormwater management facilities
in accordance with the approved Stormv~ater Management Plan, to minimize adverse
impacts due to changes in storm and surface water flow conditions.
19. Adopt a resolution authorizing the executic-n of a Maintenance Agreement, Stelling Palms
of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road,
Amended Map of Tract No. 9983, Resolution No. 09-110.
Through an agreement with the City, the I~roperty owners of this multi-family residential
development will be required to maintain all non-standard items within the City's right of
way.
Wong moved and Santoro seconded to adopt Resolution Nos. 09-107, 09-108, 09-109,
and 09-110. The motion carried unanimously.
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July 7, 2009 Cupertino City Council ~ Page 6
23. Approve a resolution authorizing the City Attorney to cooperate with the League of
California Cities and other cities and counties in litigation challenging the
constitutionality of any seizure by State government of the City's street maintenance
funds, Resolution No. 09-111.
Public Works Director Ralph Qualls explained that the League of California Cities had
requested the support of cities in challenging the constitutionality of the State taking the
city's street maintenance funds over the next two years. He noted that such an action
would have a negative impact on cities and in Cupertino several projects were funded
with this money.
Sandoval moved and Wong seconded to adopt Resolution No. 09-111. The motion
carried unanimously.
PUBLIC HEARINGS -None
UNFINISHED BUSINESS -None
NEW BUSINESS
24. Defer for 90 days any consideration of the letter from John Zirelli of Los Altos Garbage
CompanX (LAGCo) proposing additional collection services and expansion of recycling
services for the City of Cupertino in exchange fora 5 year extension and an additional
five year option of the existing LAGCo Solid Waste Services Contract with the City,
which will expire October 31, 2010.
Public Works Director Ralph Qualls asked for direction from Council as to whether they
wished to extend the contract with LAGCo or go out to bid for these services. Staff
recommended a 90 day continuance on the communication from LAGCo to allow staff to
meet with their representatives and bring a proposal back to Council. There would still be
ample time if Council wished to go out to bid.
Michael Gross, representing GreenWaste Recovery, Inc., stated that they provided solid
waste services to several communities including Palo Alto, Woodside, Los Altos Hills,
San Jose and Portola Valley. He commented on the services they provided and noted that
they could achieve a 75% recycling goal. Mr. Gross agreed with suggestion fora 90-day
review period.
John Zirelli, General Manager of Los Altos Garbage, stated that LAGCo had an
excellent service history in Cupertino and a recent city survey showed they had a very
high satisfaction rate. He referred to the additional services proposed in his letter and to
the rate comparison with other cities.
Ruby Elbogen referred to LAGCO's active participation in many city events including
the recent Relay for Life, as well as the company's many other contributions to
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Juiy 7, 2009 Cupertino Cit;/ Council Page 7
the community. She believed it would bc; difficult to achieve this level of community
service with another company.
Sandoval moved staff's recommendation ito defer the decision tonight but take this item
up within 90 days, with the goal of a 75% diversion record, and direct staff to come back
with a full report. Wong seconded and the motion carried unanimously.
25. Consider and approve the list of unfunded projects for the FY 2009-2010 Capital
Improvemen# Program.
Public Works Director Ralph Qualls explained that Council had discussed adding several
projects to the unfunded category of the capital improvement program (CIP} budget and
staff requested clarification of which projects Council wanted to include in that list for
FY 2009-14 CIP.
Vice Mayor Kris Wang recommended not including the fiscal year dates with the list of
unfunded projects.
Jennifer Griffin referred to the additional landing for the Lawrence Mitty Park and urged
Council to keep this item on the list with a fiscal year attached to it. She was concerned
there might be an attempt to put housing on this land at some future date. She believed
this was an important area for Cupertino acid this piece of land should be secured.
Wang moved to consolidate all of the items in the staff report into a single list of
unfunded items, deleting the Bubb/Mc(:lellan Storm Sewer Upgrade, lowering the
estimated cost of the Stevens Creek Trail Bridge over the Union Pacific Railroad from $7
million to $2 million, and adding back in the Skate Park with an estimated cost of
$250,000. in addition, no fiscal year dates would be included iri this list. Wong seconded
and the motion carried unanimously.
26. Consider approving the FY 2009-10 Planning Commission Work Program.
City Planner Gary Chao reviewed the staff report which included several categories,
including High priority: green building policy/sustainable land use policy; Medium
Priority: process improvement evaluation, long-term assessment of the city's job/housing
balance, and creating a strategic plan for commercial office and retail uses; and Low
Priority: prototypes of housing element sites/Crossroads plan/other specific plans,
affordable housing methodology and revie~N of parking standards.
Planning Commissioner Marty Miller stated that in the past, due to time constraints, there
had been no opportunity for forward planz~.ing. Recently there has been a reduction in the
number of applicants and the commission now had the opportunity to address some of
these issues. The commission believed it was important to put guidelines in place that
would benefit future applications. Miller ;said there were some budgetary limitations but
he believed certain projects could move i:orward with minimal expenditure, and would
defer to staff on prioritizing the projects a:c they would have a better understanding of the
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July 7, 2009 Cupertino City Council
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staff time involved. Regarding the green building policy/sustainable land use policy, the
commission believed they could work along with the Environmental Sustainability Task
Force, noting that although they each had a different focus, they shared a common goal.
Concerning the housing issue he noted that the commission was working on a
jobs/housing balance. He further stated that the housing element had not considered the
major expansion of up to 5,000 square feet of office space that the Council would soon be
considering.
Jennifer Griffin stated her concerns about the jobs/housing imbalance. She strongly urged
ABAG be made more aware of current housing issues and ABAG housing requirement
updates should conducted every year, not every five to ten years. Ms. Griffm also stated
that she did not want the zoning in Cupertino compromised or the Heart of the City
compromised.
Santoro moved and Sandoval seconded to approve the Planning Commission work
program as follows. Motion carried unanimously.
Item 1: Green Building Policy/Sustainable Land Use Policy: Planning Commission will
move forward in parallel with the Environmental Sustainability Task Force. Commission
will work within current budgetary constraints and any budget implications will be
brought back to Council. .
Item 2: Process Improvement Evaluation: this was already included in the commission's
work program.
Item 3: Long-term assessment of the City's Job/Housing Balance: this has been
incorporated into Item 1.
item 4: Create a Strategic Plan for Commercial, Office and Retail Uses: Planning
Commission shall not create a strategic plan but shall form a small subcommittee to meet
with businesses, the Economic Development Committee and the Fiscal Strategic
Committee to review any current impediments to economic activity related to land use.
This project shall require minimal staff time.
Item 5: Prototypes of Housing Elements Sites/Crossroads Plan/Other Specific Plans: It
was agreed to bring this back to the Council after completion of the Housing Element and
the Heart of the City Plan.
Item 6: Affordable Housing Methodology: Planning Commission will consider best
practices regarding this project at either a subcommittee or full Commission meeting but
it shall require minimal staff time.
Item 7: Review Parking Standards: The project was dropped from the program. Parking
plans shall be reviewed at time of individual applications.
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27. Conduct the first reading of Ordinance Nc-. 09-2046: "An Ordinance of the Ciry Council
of the City Of Cupertino amending Ch;~pter 9.06 of the Cupertino Municipal Code
relating to massage establishments and services by replacing it in its entirety."
Code Enforcement Officer Gary Kornahrens highlighted the staff report and explained
that as of September 1, 2009, SB 731 will, go into effect and create a statewide Massage
Therapy Organization, which will providles for the voluntary certification of massage
therapists and massage practitioners. Thi:> state certification was voluntary but the city
could not require a state certificate holder to get a local license. The state will do
background checks and take disciplinary ~cction but at the present time their procedures,
standards and criteria are not clear. The ~~rdinance before Council updated the code to
recognize SB 731 while continuing to apply pre-existing city requirements where
necessary and appropriate.
Council Member Sandoval asked if this matter could be deferred until clarification was
obtained from the State regarding their process, criteria, testing requirements, etc. The
Acting City Attorney stated that cities were required to have a resolution in place by
September 1, on this issue.
Councilmember Santoro asked why sorr~e businesses such as hotels did not need a
massage establishment permit but were instead covered under their use permits. He also
questioned the reference to residential massages, noting that it appeared one could not get
a massage in their home unless they were under a doctor's care. Councilmember Santoro
believed such massages should be give» by licensed massage therapists to provide
residents with appropriate protection but: residents should certainly be able to get a
massage in their home without the restricti~~n of a doctor's note.
Code Enforcement Officer Gary Kornahr~;ns gave the example of the massage services
offered at Whole Foods Market. They had. a massage therapist on site who was required
to have a permit. However, Whole Food; did not have to get a massage establishment
permit. For such situations the city did t~,vo inspections a year and the same standards
applied for the area in which these therapists worked as those required for massage
establishments. Concerning the restrictions on residential massages, Mr. Kornahrens
noted that this ordinance had been adopted seven to ten years ago and he assumed that it
was put in place to protect the city's residents.
The City Clerk read the title of the ordinance. Santoro moved and Wang seconded to read
the ordinance by title only, and that the (~iry Clerk's reading would constitute the first
reading thereof, and to amend the ordinance as follows Ayes: Mahoney, Sandoval,
Santoro, Wang and Wong. Noes: None.
The ordinance was amended as follows; 1/~elete Sections B.1 and B.2 of 9.06.190; Add a
new Section B.1 stating that residential massages shall be given only by a licensed
massage therapist.
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July 7, 2009 Cupertino City Council Page 10
Sandoval suggested that the mayor write a letter to the state legislators stating the city's
concerns that the state does not have an established process, approved criteria or
standards regarding SB 731 which will go into effect on September 1, 2009.
28. Designate a voting delegate and up to two alternates for the League of California Cities
Annual Conference Sept. 16-18 in San Jose.
Sandoval move to appoint Wong as delegate, Mahoney as first alternate, and Sandoval as
second alternate. Wang seconded and the motion carried unanimously.
29. Schedule a joint meeting with the Parks and Recreation Commission on July 21 to
discuss Simms and Stocklmeir properties. (No documentation in packet).
The City Council unanimously agreed that a joint meeting would not be necessary, but
asked for a report from the Parks and Recreation Commission at the Council's August 4
meeting.
ORDINANCES
30. Conduct the second 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 6, Franchises, of the Cupertino Municipal Code."
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. 09-2045. Ayes: Mahoney,
Sandoval, Santoro, Wang, and Wong. Noes: None.
STAFF REPORTS -None
COUNCIL REPORTS
Council commented on several of the recent city events they had attended including the
reopening of Blackberry Farm, the Crest Awards, the reception for Martha Kanter and the July 4a'
Festivities.
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July 7, 2009 Cupertino City Council Page 11
ADJOURNMENT
At 10:35 p.m., the meeting was adjourned.
Kimberly Smith, 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 a~~propriate 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, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777-2364.
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C O P E RT I N O DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Wednesday, June 10, 2009
ROLL CALL
At 4:06 p.m. Mayor Orrin Mahoney called to order the regular adjourned joint meeting of the
City Council and the Redevelopment Agency. The meeting was held in the Council Chamber,
10350 Torre Avenue, Cupertino, California.
Council members 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, Mark Santoro, and Gilbert Wong. Absent: none.
STUDY SESSION
1. Study Session on the proposed 2009/10 Budgets for City Council and the Redevelopment
Agency (continued from June 2). No documentation in packet.
City Clerk Kimberly Smith distributed emails in support of the School Resource Officers
from Vivian Franklin, Principal of Stevens Creek Elementary School, Lorrie Wernick,
Principal of Regnart Elementary School, Nancy Wood, Principal of Garden Gate School,
and parent Debbie Anderes.
Administrative Services Director Carol Atwood distributed "2009/10 Budget Study
Session, Council "Follow up Items" which listed questions and requests for information
from Council from May 27 and June 2 Council meetings. She reviewed the documents
and the City Council members discussed them and provided direction to staff as noted
below.
Item 14 proposed an independent website usability assessment and evaluation of the
search functionality, as well as PDF document posting guidelines. Councilman Santoro
asked for more information about cost and availability of a fiber link to the Comcast node
on Imperial Avenue for data and television, not necessarily on the same cable.
During discussion of item 19, regarding Housing Element costs to date, Council member
Wang suggested that residents be encouraged to sign up for emailed notices, so that
citywide mailings can be gradually shifted from paper to digital. Mayor Mahoney noted
that citywide notices are done as a courtesy to the residents, but the legal notice
requirement is for a certain radius.
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June 10, 2009 Cupertino City Council Page 2
Item No. 1 S was a letter from Captain Terry Calderone recommending that the City
Council maintain the second School Resource Officer (SRO). Council member Wang
suggested that the schools be asked to pay a percentage instead of a fixed amount for
SROs. Atwood agreed it would be wise to add an escalation clause. She said that staff
has asked the school districts if they can c:ontribute more, but they said they can't commit
at this time because they don't know their budget outcomes.
Item No. 16 was the FY 2009 COPS 1?xpenditure Plan summaries. Council member
Wong asked for a list of which cities have SROs, and the number, and how those
positions are funded. Later I the evening;, further discussion was held about the request
for the numbex of School Resource Offi~~ers in other cities and how those positions are
funded. Council concurred that Council member Kris Wang would survey
representatives of other cities at the next Cities Association meeting, and would report
back to the City Council with that information.
Item No. 20, staff time estimate, referred to a traffic study, but that was corrected to
reflect the total cost of staff time for hous~:ng allocation, estimated at $15,049.
Item No. 21, State Loan/Take Away Impacts and Options, was amended to indicate that
this was a mandated loan to the State of California.
Item No. 22 was a list of Cupertino Services provided to the elementary school, high
school, and college districts, including spurts field maintenance, etc. for Cupertino Union
School District. The Parks and Recreation Director was asked to provide aggregated
information about how much the City subsidizes the costs of school sports fields and
what sharing arrangements are in place.
Erik Walukiewicz said he was currently the Coordinator of Safety and Operations for the
Fremont Union High School District, and has worked as an assistant principal and teacher
at Monta Vista High School and as assist;~nt principal at Cupertino High School. He said
that the benefits of the SROs far outweigh the costs, because they increase student safety
and don't pull police officers away from other calls, which could increase response times.
He talked about the valuable relationships that the SROs have with students, teachers, and
parents. He also noted that Sunnyvale has four similar positions, called Neighborhood
Resource Officers, and that the school district does not plan to cut any positions at this
time.
Peter Robinson, Cupertino School Resource Officer, talked about how the responsibilities
of beat deputies and SROs differed. He explained that beat deputies should be the ones
responding to emergencies, such as bank :alarms, car crashes, etc., and the SROs take load
of 13 schools off their shoulders. Howc;ver, the SROs are still sworn deputies and can
respond if there is an alarm call nearby. "the SROs have first-hand knowledge of student
personalities and past histories, and get to know parents, grandparents and staff. While at
the school the SRO may also talk to a sfizdent who has been the victim of abuse, talk to
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June 10, 2009 Cupertino City Council
Page 3
another who is in the Sheriff's Teen Academy, and help a staff member whose car was
vandalized. This sort of work could absorb hours of a beat officer's time.
John Sperinde, representing the Cupertino Tennis Club, thanked the Council for the
project underway to upgrade lighting. He explained that this is a lighting improvement
only, not lighting of additional courts, and there is still a shortage because of the nearly
400 members of the United States Tennis Association (USTA}. He asked Council to
consider adding lights to the pool-side courts. Mr. Sperinde mentioned that they had tried
to buy time at DeAnza College but it was too expensive, and asked if the City and
DeAnza College could come to an arrangement to make that more affordable.
Laura Gonzales, Dean of Students at Fremont High School, thanked the City Council for
funding the SRO position. She said the importance is less about programs and more
about personal influence on students' lives. When students make poor choices,
suspension and citations don't change that behavior, but counseling with the deans and
working with the SROs, parents and students tends to be what ends the conflict. She
noted that if the staff knows the incident involves a resident of Sunnyvale, they call the
Sunnyvale SRO to deal with the problem.
Graham Clark, Principal of Homestead High School, said that each year they do large
community out-reach programs such as Every 15 Minutes and Code Red. The SROs are
invaluable at coordinating those events, which can involve as many as 40 or 50 other
agencies.
Jennifer Griffin, expressed her support for the SROs, and said that positive relations at
the schools result in better behavior by students attending DeAnza College, and can serve
as the first line of defense against gang problems, truancy, graffiti, and theft on campus.
Ms. Griffin also cautioned Council against requiring residents to maintain the sidewalks,
because if the City stops that maintenance the valuable street trees will be the next to go.
She also thought it was important that legal notices go out on paper, since not all
residents have email.
Council members discussed new items that they might wish to add to the budget,
including the cost for sidewalk repairs. Atwood said that would be analyzed as a part of
the fiscal strategic plan and the results of that study would give the Council a better sense
of their options.
Council members emphasized that, although there was a brief reference at a prior meeting
to the possibility of someday having citizens responsible for sidewalk maintenance, there
was no intention of doing that in the foreseeable future.
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June 10, 2009 Cupertino Ci~y Council Page 4
Council concurred that they might wish to add these items to the budget, and asked staff for
recommendations on how to fund them:
• City Channel re-cabling - $50,000
• Website search engine - $50,000
• Leadership Cupertino - $12,500
• Dog park {5 options)
• Education/Outreach - $40,000
• Fenced area -additional $40,000
• Major park - $$300,000-$500,000
• Use county property
• Placeholder amount {to be determined)
• Mandated loan to the State of California - $1.358 million (option # 1)
• Linda Vista Park water feature - $700,000
• Walk bike to school program
Council members discussed these items and concurred that they would remain in the 2009/10
budget as proposed:
• School field maintenance
• Heart of the City General Plan update
• Neighborhood/School Resource Officers (and can schools pay more?)
Council members discussed these items but in the: end there was consensus not to add them to the
2009/2010 budget:
• Skate park
• Additional tennis court lighting
• Sports court/pool at sports center
• Phase 2 of Stevens Creek Corridor
• Simms property
• Stocklmeier property
• City hall remodel
• Tank house completion
• Stevens Creek Trail to Bay monitoring
• Lawrence Mitty Park additional funding
• Stevens Creek Trail bridge over Union Pa~;,ific Railroad
ADJOURNMENT OF REDEVELOPMENT AGENCY: RECESS OF CITY COUNCIL
At G:50 p.m. the Redevelopment Agency meeting adjourned and the City Council meeting
recessed until 7:30 p.m.
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June I0, 2009 Cupertino City Council Page 5
UNFINISHED BUSINESS
2. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05,
GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from June 2). No
documentation in packet:
a} Adopt a draft 2007-2014 Housing Element and forward to the State Department of
Housing and Community Development (HCD)
The Housing Element was continued to this meeting for discussion purposes only; no
action would be taken on the item at the June 10 meeting.
Senior Planner Vera Gil distributed and reviewed documents titled "Projections 2009 -
Frequent[y Asked Questions" and "Table F.4: Other Sites Suggested by City Council for
Consideration."
The City Council concurred that the Morley Brothers property, Glenbrook Apartments, and The
Villages at Cupertino {shown on the top of handout Table F.4) should also be included on the list
for consideration as Tier One sites. These items would be added to the other properties
discussed at the Council meeting on June 2, (shown on Table F.1, page 17A-179 of the City
Council packet). No rezoning is required for the Morley Brothers, Glenbrook Apartments, or
the Valley Green section of The Villages at Cupertino. No rezoning is required for Sites 1-9 from
Tier 1. Rezoning is required for 10670 Tantau, 19020 Pruneridge, 10300 North Tantau and
10400 North Tantau, which is now owned by Apple, Inc. Site 15 on Tier 1 is being considered a
"safety net" site.
Jennifer Griffm said that she feels the Council is allowing high-density housing in Cupertino
without regard for any existing zoning. This is crowding housing in. her neighborhood where the
high school and junior high are already impacted.
Tom Hugunin presented a list of possible housing sites to the Council at the last meeting. He
distributed an updated list that includes possible sites for approximately 500 housing units. He
requested that staff look at the sites to see if any of them would be viable options for rezoning
commercial to residential sites. Aarti Shrivastava and Vera Gil will review the list.
Keith Murphy asked Council to consider other sites in Cupertino for housing. He said that staff
and Council should present goals, numbers and real information to the residents of Cupertino.
This would reduce confusion and involve the community on a greater level.
No action was taken on this item, and it was continued to June 16, 2009.
3. Review summer schedule of Council meetings (continued from June 2). No
documentation in packet.
Wong/Santoro moved and seconded to cancel the regular City Council meeting of August
18. The motion carried unanimously.
3-16
June 10, 2009 Cupertino City Council
Page 6
Council members concurred to review their workload again in July to determine whether
to cancel the meeting of August 4 as well.
ORAL COMMUNICATIONS -None
ADJOURNMENT
At 8:52 p.m., the meeting was adjourned.
Kimberly Smith, 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 Cable Channel 26, and are available at your
convenience at www.cupertino.org, Click on Agendas & Minutes, then click Archived Webcast.
Videotapes are available at the Cupertino Libxar~, or may be purchased from the Cupertino City
Channel, 777-2364.
3-17
EXHIBITS
BEGIN
HERE
c~~ ~,~z~~o~
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7, 2009 Cupertino City Council Page 8
'~`' staff time involved. Regarding the green building policy/sustainable land use policy, the
~~,._..,~I commission believed they could work along with the Environmental Sustainability Task
GUPERTIINGForce, noting that although they each hac'. a different focus, they shared a common goal.
Concerning the housing issue he note:d that the commission was working on a
jobslhousing balance. He further stated that the housing element had not considered the
major expansion of up to 5,000 square feet of office space that the Council would soon be
considering.
Jennifer Griffin stated her concerns about the jobs/housing imbalance. She strongly urged
ABAG be made more aware of current housing issues and ABAG housing requirement
updates should conducted every year, not every five to ten years. Ms. Griffin also stated
that she did not want the zoning in Cupertino compromised or the Heart of the City
compromised.
Santora moved and Sandoval seconded to approve the Planning Commission work
program as follows. Motion carried unanimously.
Item 1: Green Building Policy/Sustainable Land Use Policy: Planning Commission will
move forward in parallel with the Enviror~rnental Sustainability Task Force. Commission
will work within current budgetary constraints and any budget implications will be
brought back to Council.
Item 2: Process Improvement Evaluation: this was already included in the commission's
work program.
Item 3: Long-term assessment of the City's Job/Housing Balance: this has been
incorporated into Item 1.
Item 4: Create a Strategic Plan for Commercial, Office and Retail Uses: Planning
Commission ~~~~ n~+ /•YP.f*P ~ ~+,..,tv,r;~~l.~.:~ shall form a small subcommittee to meet
with businesses, the Economic Development Committee and the Fiscal Strategic
Committee to review any current impediments to economic activity related to land use.
This project shall require minimal staff tirr~e.
Item 5: Prototypes of Housing Elements SiteslCrossroads Plan/Other Specific Pions: It
was agreed to bring this back to the Council after completion of the Housing Element and
the Heart of the City Plan.
Item 6: Affordable Housing Methodolo~,ry: Planning Commission will consider hest
practices regarding this project at either a subcommittee or full Commission meeting but
it shall require minimal staff time.
Item 7: Review Parking Standards: The project was dropped from the program. Parking
plans shall be reviewed at time of individual applications.
3-8