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CC 07-07-09C O P E RT I N O APPROVED MINUTES CUPERTINO C1:TY COUNCIL Regular 1Vleeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, July 7, 2009 ROLL CALL At 6:00 p.m., Mayor Orrin Mahoney called the meeting 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 _`>4957(b)(1) regarding appointment of the CitX Attorney. (No documentation in packet). The Council was in closed session frorz 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 re;;ular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and 1.°d 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 docume~itation in packet). Emergency Preparedness Coordinator Marsha Hovey introduced the twenty graduates of the most recent CERT (Cupertino Emer€;ency 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 contact city hall for more information. 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 proposaUpetition 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 66% of the residents within 500 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 Pa.~ for June 12, 19, and 26, Resolution Nos. 09-095 through 09-097. 6. Adopt resolutions accepting Pa~oll 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. July 7, 2009 Cupertino City Council Page 3 9. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Mission West Properties I, L.F'., 20400 Mariani 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 improvement 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 thy: street frontage of their building site. 11. Adopt a resolution accepting a Quitclaim :Deed and Authorization for Underground Water Rights, Huei-Hwang Hung and Tracy Hs~~, 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 :Deed and Authorization for Underground Water Rights, Union Church of Cupertino, 209C-0 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 f~roperty. 13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Kong-Yeu Han and Sue-Jane Hari, 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, Cit oy f Cupertino parcel north of Highway 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 fo:r the Mary Avenue Bridge Project. 15. Adopt a resolution expressing the intent to vacate a Slope Easement, David Nilsson, 10037 Scenic Boulevard, APN 357-09-OSEi, Resolution No. 09-106. July 7, 2009 Cupertino City Council Page 4 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 resi ng a~ 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 regarding the ~~lication 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. July 7, 2009 Cupertino City Council Page 5 Public Works Director Ralph Qualls explained th;~t 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. 16. 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 lvo. 9983, Resolution No. 09-107. The property owners of this multi-famil}~ 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 Management Facility Easement Agreement, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling, Amended Map of Tract No. 9983, Resolution No. 09-108. Through an agreement with the City, the ;property 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 Palms 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 ~~roperty owners of this multi-family residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 19. Adopt a resolution authorizing the execution of a Maintenance Agreement, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling, Amended Map of Tract No. 9983, Resolution No. 09-110. Through an agreement with the City, the property owners of this multi-family residential development will be required to maintain ~~11 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. 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 Qovernment 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 Company (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 July 7, 2009 Cupertino City Council Page 7 the community. She believed it would l^~e difficult to achieve this level of community service with another company. Sandoval moved staff's recommendation to 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 thf: motion carried unanimously. 25. Consider and approve the list of unfunded projects for the FY 2009-2010 Capital Improvement Program. Public Works Director Ralph Qualls expl;~ined that Council had discussed adding several projects to the unfunded category of the ~:apital 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 funding 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 and 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/McClellan 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 in 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 elemer..t sites/Crossroads plan other specific plans, affordable housing methodology and review of parking standards. Planning Commissioner Marty Miller stat~:d that in the past, due to time constraints, there had been no opportunity for forward planning. Recently there has been a reduction in the number of applicants and the commissio~l 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 forward with minimal expenditure, and would defer to staff on prioritizing the projects as they would have a better understanding of the July 7, 2009 Cupertino City Council Page 8 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. Griffin 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 '' " ~°' °r°~*° ~ ~+r~'°rt~° ^'~^'~~~~ 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. July 7, 2009 Cupertino City Council Page 9 27. Conduct the first reading of Ordinance No. 09-2046: "An Ordinance of the City Council of the City Of Cupertino amending CI•~apter 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 provi~3es for the voluntary certification of massage therapists and massage practitioners. This 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 action but at the present time their procedures, standards and criteria are not clear. The ordinance 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 :natter 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 some businesses such as hotels did not need a massage establishment permit but were iristead covered under their use permits. He also questioned the reference to residential ma:~sages, 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 given 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 restriction of a doctor's note. Code Enforcement Officer Gary Kornahrens gave the example of the massage services offered at Whole Foods Market. They hacl a massage therapist on site who was required to have a permit. However, Whole Foods did not have to get a massage establishment permit. For such situations the city did two 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 adopte3 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 City 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; Delete 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. 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 debate 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 4cn Festivities. July 7, 2009 Cupertino City Council Page 11 ADJOURNMENT At 10:35 p.m., the meeting was adjourned. Kimberly Smith, ity 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.cupertiuo.ora. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.copertino.ora. 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.