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03. Draft minutesC U P E RT t N 0 DRAFT rVIINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, July 21, 2009 ROLL CALL At 6:00 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. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Significant exposure to litigation pursuant to subdivision (b) of GC Section - 54956.9 (one potential case). No documentation i;1 packet. Council was in closed session from 6:00 p.m. until 6:20 p.m. Mayor Mahoney announced that no action was taken. RECESS -Council was in recess from 6:20 p.m. unti16:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the meeting back to order 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 - PRESENTAT]:ONS 2. Adopt a resolution affirming the City of Cupertino's support and partnership with the 2010 census, Resolution No. 09-121. Doris Tse from the U.S. Census Bureau noted that the response rate for the 2000 census nationally was 67%, the California response rate was 70%, the Santa Clara County response rate vas 75%, and the City of (~upertino response rate was 77%. She noted the 3-1 July 21, 2009 Cupertino City Council Page 2 challenges of why people don't report and also noted what was working well so far with Census 2010. She said that right now they are only promoting the census and raising public awareness, but in March of 2010, every household would receive a questionnaire in the mail. Residents interested in more information on the census or in job opportunities can contact her at (408) 202-7156, doris.s.tse@census.Qov, or visit the website at wit«~.census.aov. Sandoval/Wong moved and seconded to adopt Resolution No. 09-121. The motion carried unanimously. POSTPONEMENTS The Deputy City Clerk noted an updated staff report for item number 11, regarding the Slurry Seal Program bids, asking Council to defer the award of the contract to the Aug. 4 meeting. Wong/Sandoval moved and seconded to continue item number 11 to August 4. The motion carried unanimously. WRITTEN COA~ZiJNICATIONS Deputy City Clerk Grace Schmidt distributed the following items at the meeting: • Amended page 8, minutes of July 7, 2009 (item No. 3) • Updated staff report regarding the Slurry Seal Program bids deferring the award of the contract to Aug. 4 (item No. 11) • Draft "Voluntary Contribution Agreement" between the City of Cupertino and ECI Two Results, LLC, regarding transportation system improvements; PowerPoint presentation; an email from Judy Wilson in support of the 5-year extension request (item No. 12) • An additional staff report listing General Plan office allocation for major companies, other areas in the City, and future office demands; PowerPoint presentation; email to City Council from staff regarding General Plan language related to office allocation for major companies (item No. 13) • PowerPoint presentation titled "Trial Period for an Off-Leash Area for Dogs" and 16 emails dated July 21 from various community members regarding their preferences for an off-leash area for dogs, a fenced area for dogs, and other topics related to a dog park (item INTO. 15). (Note: City Council received many other emails on this topic earlier in the week). • Memo from Finance Director David Woo regarding the definition of "Private Telecommunication Service" and a PowerPoint presentation (item No. 16) ORAL COR~IlVIUNICATIONS Ruby Elbogen talked about the Relay for Life to be held at De Anza College on July 25. She noted that Council members will open the relay with the staff and members of the relay. For more information visit ~~-w«~.relayforlife.orQ/cupertinoca. 3-2 July 21, 2009 Cupertino City Council Page 3 Frank Jelinch, member of the San Francisco Shakespeare Festival Board and resident of Cupertino, noted that the Festival will perform its 27th year of flee Shakespeare in the Park beginning Sat., Aug. 8 for three weekends. The performances will be held at the Memorial Park Amphitheater and the play, A Comedy of Errors, will be performed. More information is available at ww~v.sfshakes.orQ/park. CONSENT CALENDAR Wong/Wang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item numbers 3 and 9 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and ~Nong. Noes: None. Abstain: I~TOne. 4. Adopt resolutions accepting Accounts P~.~able for July 2 and 10, Resolution Nos. 09-112 and 09-113. 5. Adopt a resolution accepting Payroll for :i my 10, Resolution INTO. 09-114. 6. Adopt a resolution replacing Teen Commission Resolution No. 09-078 to delete Section A regarding ranking so that all applicants would be interviewed, Resolution No. 09-115. 7. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Puttappaiah Muniyappa and Kavitha Puttappaiah, 10210 Peninsula Avenue, APN 326-22-017, Resolution No. 09-116. The property o«~ners of this residential df:velopment agree to grant to the City the right to extract water from the basin under the ov~:rlying property. 8. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Arindam Chakraborty and Pompf:e Chakraboi-ty, 930 Rose Blossom Drive, APN 359-06-028, Resolution No. 09-117. The property owners of this residential df;velopment agree to grant to the City the right to extract water from the basin under the overlying property. 10. Review bids and award the contract fcr 2009 Reconstruction of Curbs, Gutters. and Sidewalks, Project No. 2009-04, to Ma~:icrete Inc., in the amount of $418,605.00, and approval of a contingency amount of $40,000 for additional work that may be identified and approved by the Director of Public `rv~orks. 11A. Authorize the City Manager to sign, on behalf of the City, a West Valley Conununit~~ Services application for funding a Homelessness Prevention and Rapid Re-housing Prograni. (HPRP) 3-3 July 21, 2009 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approve the nunutes from the June 10 and July 7 City Council meetings. Deputy City Clerk Grace Schmidt distributed an amendment to the minutes of July 7, 2009, page 8, paragraph 7, to delete the phrase "...shall not create a strategic plan but..." SandovaUWang moved and seconded to defer this item to Aug 4 for staff to clarify that section in the July 7 minutes. The motion carried with Mayor Mahoney voting no. 9. Adopt a resolution approving a Parcel Map for condominium purposes, Monta Vista Oaks Inc., a California Corporation, 21761 Granada Avenue, APN 357-17-116, Resolution No. 09-118. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Wang/Sandoval moved and seconded to adopt Resolution No. 09-118. The motion carried unanimously. 11. Review bids and award the contract for the 2009 Slurry Seal Progr, am, Project No. 2009- 06 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Under "postponements" this item was continued to August 4. PUBLIC HEARINGS 12. Consider a major amendment modifying the Architectural and Site Approval (ASA-2008- OS), Use Permit Modification (M-2008-03); Tree Removal Permit (TR-2008-06), and Director's Minor Modification (DIR-2008-32) 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 from June 16). The Deputy City Clerk distributed a draft "Voluntary Contribution Agreement" between the City of Cupertino and ECI Two Results, LLC, regarding transportation system improvements; an email from Judy Wilson in support of the 5-year extension request; and a PowerPoint presentation. Senior Planner Colin Jung reviewed the staff report and PowerPoint presentation. Applicant Sandy James explained that they are asking for an extension due to the poor economic conditions. She also noted that they have negotiated with the staff to deal with traffic mitigation as a separate issue. 3-4 July 21, 2009 Cupertino City Council Page 5 John Hamilton, Managing Principal of Embarcadero Capital Partners, reiterated the need for an extension and asked for council support. Mayor Mahoney opened the public hearing at 7:36 p.m. Jennifer Griffin said that it is important that this land remain as a tech site and said she is glad that the owner is willing to take a risk. She urged Council to make sure the lush landscaping is maintained on the property. Mike Foulkes, President of the Cupertino Chamber of Commerce, said he supported the extension. Mayor Mahoney closed the public hearing; at 7:41 p.m. Sandoval moved and Mahoney seconded ~:o approve the following, and the motion carried unanimously: • The Major Amendment (M-2009-02) modifying the Use Permit modification, Architectural and Site Approval, the Tree Removal permit, and the Director's Minor Modification to extend the expiration dates for five years, phasing construction, clarifying conditions of approval, and modifying the traffic and signal improvement condition • Staff's recommendation to delete Condition of Approval 4b in its entirety from the Planning Commission resolution, since the condition has already been fulfilled • Deleted the following sentence :From the second bullet of Condition 3: "The Community Development Director has the authority to approve reasonable, minor adjustments of the plans" • Amended the second sentence in Condition 4a to read: "The improvements may include, but are not limited to, installing new pedestrian signal heads, a new traffic signal cabinet, a new traffic signal controller, new traffic signal loops, and replacing damaged pavement on the Results Way approach, pavement restoration and lane restriping" • Accepted the applicant's Voluntary Contribution Agreement providing $200,000 to reduce traffic congestion and increase pedestrian bike safety within 'h mile radius of the project site west of Highway 85 UNFINISHED BUSINESS 13. Consider General Plan Amendments, Application Nos. GPA-2009-O1 and EA-2009-03, City of Cupertino, Citywide (continued from June 2): a. Adopt a Negative Declaration b. Consider increasing the office allo~:ation in the General Plan 3-5 July 21, 2009 Cupertino City Council Page 6 'The Deputy City Clerk distributed an additional staff report listing General Plan office allocation for major companies, other areas in the City, and future office demands; a copy of the PowerPoint presentation; and an email to City Council from staff regarding General Plan language related to office allocation for major companies. City Planner Gary Chao reviewed the staff report and PowerPoint presentation. Mayor Mahoney opened the public hearing at 8:36 p.m. Jim Cunneen, representing Hewlett Packard, said he supported staff's recommendation. Mike Foulkes, representing Apple Computer, said it was important for the company to grow in Cupertino and asked for Council's support for the staff recommendation. Barry Chang said that he isn't speaking for growth or anti-growth but asked Council to consider the impact on the housing element while considering the office allocation because it would affect the entire city. Jennifer Griffin said that Cupertino is a mix of residential, office, and high tech and urged Council to proceed cautiously to be sure there is room for everyone. Keith Murphy said that the City should be prepared and needs to also grow on the housing element side. He urged Council to weigh the two issues together. Tom Hugunin said that he didn't see any information on the major companies in the staff report in the packet and that the public had no way to view the document that Council received this evening on the dais on this issue. He asked what constituted a major company, would the office allocation beneficiaries lobby ABAG on the housing element portion, and how the City allocates the cost of the amendment to the beneficiaries. Hari Guleria said that this is one of the only places where property values are maintained, and he urged Council to encourage large companies in Cupertino. Mayor Mahoney closed the public hearing at 8:48 p.m. Council directed staff to recalculate the square footage of the existing major companies. Sandoval moved and Wang seconded to adopt a Negative Declaration. The motion carried unanimously. Wong moved and Santoro seconded to approve an office allocation of 483,053 square feet, putting a total of 450,000 square feet into major companies and the rest into other area. The motion failed with Mahoney, Sandoval, and Wang voting no, and Santoro and Wong voting yes. 3-6 July 21, 2009 Cupertino City Council Page 7 Sandoval moved and Wang seconded to amend the General Plan to add an office allocation of 483,053 square feet analyzed in the 2005 General Plan. The motion carried unanimously. Sandoval moved and Wang seconded that the 483,053 square feet should go into the category of major companies in the Ge~leral Plan. The motion carried with Mahoney, Sandoval, and Wang voting yes and Santc+ro and Wong voting no. Santoro moved and Wong seconded to t;~lce out the word "existing" in the definition of major companies. The motion failed witr~ Mahoney, Sandoval, and Wang voting no, and Santoro and Wong voting yes. Council recessed from 9:20 p.m. to 9:30 p.m. NEW BUSINESS 14. Conduct a hearing and adopt a resolution approving the assessment of fees for the annual weed abatement program (private parcels), Resolution No. 09-119. County Weed Abatement Program Coordinator Moe Kumre answered questions from Council regarding fees, how notices are mailed out, and when inspections were done. Phil Aramoonie said that his property was inspected the second week in April and he did the weed abatement work the third week in April. He said that he would still pay the County's assessment fee. Don Chen said that his property was inspected but he never received a letter. He noted that last year the notice was sent out in June, and in April this year, according to the County. He said that he normally cuts his weeds in May when the rainy season is over and in this case the County had already done the work and assessed the fee. He protested the fee as excessive and unfair and requested ;~ waiver. Mr. Kumre answered questions from Council including a question regarding an appeal process. He responded that if the propert~~ owner can show that the County is in error of having done the work or miscalculating the fees, then the charges can be removed. Sandoval moved and Wong seconded to adopt Resolution No. 09-119. Wang offered an amendment to waive the fees for the two people who protested this evening. The motion failed for lack of a second. The original motion carried with Santoro voting no. Council gave direction to staff to agendire in the near future a discussion regarding the County weed abatement deadline date fo:r next year and an explanation of the County's fees. 3-7 July 21, 2009 Cupertino City Council Page 8 15. Consider the following actions for a trial period for an off-leash area for dogs: a. Adopt rules for use of an off-leash area for dogs in a City park b. Authorize a subcommittee from members of the Citizens Group to work with the City and County of Santa Clara to conduct a study for a fenced dog park at Stevens Creek County Park c. After neighbor and park user support is obtained by the Citizens Group Committee, authorize asix-month trial for a fenced off-leash area at Linda Vista Park d. Continue the community discussion with a smaller, appointed group of citizens for a trial period for an unfenced off-leash area at Memorial Park and/or Jollyman Park The Deputy Ciry Clerk distributed copies of a PowerPoint presentation titled "Trial Period for an Off-Leash Area for Dogs" as well as emails dated July 21 from various community members regarding their preferences for anoff-leash area for dogs, a fenced area for dogs, and other topics related to a dog park. (Note: City Council received other emails earlier in the week). Senior Recreation Supervisor Julia Lamy reviewed the staff report and PowerPoint presentation. The following individuals spoke against an off-leash area for dogs: Judy Harrison Rok Sosic Anu Srikanth Randy Ong Adina Bidel Vickie Wu Cheng Zhang Chris Copeland Barry Feeley Sophie Wang Hongging Yi Ardith West Sanjay Sawhney John Xiao Greg Labmeier Lynn Frake Paul McNulty Mary Jo Gunderson John Woolfolk Dan Koren Paul Chan Tamima Koren Sue Copeland Philip Tsai David Fung (also spoke for Cecil Coe, Mehrnaz Hada, Ted Hou, David Klinger, Judy Klinger, Dan Koren, Robert Kroeger, Erin Labmeier, Manisha Puranik, Runping Qi, Premika Ratnam, and Karen Seale and distributed a handout titled, "Off-Leash Dog Policy Proposal for Cupertino City Parks") 3-8 Jul}r 21, ?009 Cupertino City Council Page 9 Ad~~ art Sathye (distributed a petition titled, "Petition against oft-leash dogs in Cupertino parks (especially Jollyman Park)" Kuo-Lon Soong (distributed a handout titled. "Save Linda Vista Park People's Voice") Their comments included: suppol-t of a legal, fenced, off-leash area in Memorial Park or Linda Vista PaI"k; issues with «~ildlife in parks like Linda Vista if there is a fenced, off- leash area:. too dangerous for children under ~ years old in Jollyman Park; off-leash dogs ~~~ould influence park quality: cleaning up dog waste is costly; complete discussions such as safety issues before goin~7 to trial; dogs off-leash can be over-exuberant; don't use only one particular pa]"k for a fenced in are-a; parking lot ~~-i11 fill up and people ~~~ill park in the street; noise issues «~ith dogs barking; there are already fenced-in do; parks not too far a~~~ay; the proposal is too broad; enforcement issues. The follo~s-ing individuals spoke in support of an off-leash area for dogs: Geoff Fong )/I'IC `V11SOn Betsy Daughel-t}' Jim Black (also Black) Iraa Guleria spoke for Barbara Carol Miller Steel"I"1 Stelll Mindy Grant Jeff Hu Alvin Hu Vii-ran Hu DarC.~~ Paul. PurkS anti Rre~rrall~~n C~mnnr~.ciunrr. said la.r 4i'a ra~~t cj~e~u~~itl~~ <~~~ hehalfn~ the ~~r,rrl~~zissi-r+n, hu.~ us sunle~~nc w~19u h.ett/ here in-~<~l-ed z~a t~t.r dicrus.ctun ft~r «nnc Nn~le. ctnd hr -~~is]i.rd m c~~mnl.cnd tlac- ~~rhrani arld c"~J~rrl di.cc•rrssinns that -~~rre taking lrla~•e cm th.e nlcrttE~r. Don Rosenbaum (also spoke for Arlene Rosenbaum and Sherry Fang and subntted a handout titled. "Consider actions for a trial period for an off-leash area for dogs") Hari Guleria (also spoke for Melissa Drysdale. Tapia Tengan, and Karen McKinlay and submitted a petition for off-leash dons in Jollyman Park that ~s~as included in the Council packet as Attachment K) Their comments included: parks are almost empty at most times of the day; many hours could be set aside during the day for an off-leash area without interfering ~s-~ith other park users; Cupertino parks should be multi-use to accommodate al] users without discrimination; have simultaneous trials for both fenced and unfenced off-leash areas: perform suI-s~eys of park users and neighborhood residents; Jollyman petition shoss-s active citizens ready to help during a trial; suggested locations for off-leash areas include Memorial Park. Library Field, and Linda Vista; don't impose setbacks; noise levels not an issue; have trials at man}~ parks and not just one specific park. 3-9 July 21. ?009 Cupertino City Council Pane 10 C r„_nrc 1I n,rnahc-r Suntr,ru .,r,,~,~'e~+tcd that a Ste'irra+ Crr~cf C a,r~,,rr hr I,r1,t r,u th.e list or un.otlaer plus c~ tltut + nUt u rrcr>;~h.borhuod park. but r, hiclr r.+ hri~ c•rruu,>;~h and loos strtfrc•tc~rv traffic r~upuctt~ tc~ ac'rnntnrodate un c?rf-leusla arra. He rrus in furor c?l +turtirrs,} a trial pc•rtocf ir; the rrc.~t ~ iv 6 u~ec'ks to local lutrks, a-rid re~yurrit,~ sl,c'~~t~~l tuk~~ u,r rlr~' drr~~ u~iti,~' t1rr lriui ~occ, Hr ~~~,~ ~,1,~,n+ed tc-,fe,r, in.~~ irr L.urc.lu L r~tct f'cc+~ l~rct 11,<~r,~'f?i ;; ~;,,t ;r rc'ascutuhle srte for ~nr crfj`-laud urea hrc~ause it Itch sr>me n.aturzrl bctrrrrrs. Uri,xr rlanrces rt~r'>uld nac.tucle Jullwrtun ,ME'ratc,rlc;! Ptn-k. He rrus in fur~c+r of ~~tr in~~ thr 1i.+~t to a st~tulle•r +ubcr,rn.nrittc~e~ to do art iraapctrtiul ~ur-r~c~s uhc>ut laor.rr.+. and it „<,rcld reyun-e rne~r ~i/c%r c-tpprc~~~ul cif nc~' surr~c'~~ rakers toad he preferred a y-1? ,nruul~r tnu1. Hc~ said that fc,r a tcr'rred lark. the C-itl should lr,r,k tr~r an area first. decrdE' cnc~rt ft's ~r~in~~ tr> c.,st a»d rlacn deride i.f the Cit- cctn do it. 1-icc' M19usor I-unt said chc~ unders7nod pec,ple's fear r,f dr~~.s. anal cr>nc~ern.s ubou.t rac,i.se. truftt`c..cnaells, and other inapuc ts. She w'us in fcrr~ur of rrr,rkin~~ r, ith thc~ Cc~u.ntc. /?c~rlaaps on the .cite rrac~ntrnned cn Sre~~Fn_c Creek Prn-k. c,~hu~h ri~ould be a ler-rrrunPn.t. tong-tcnn sr>lrttron urtd irr,uklra ~t intpa+~ on tho.c~e Ieop1Y r~~lr~<, are afraid of ,>;c~ttnr,~.~ 1~it Stu asked hors Inn, the trial period. if tl7c>re r~~as cTrae. r+or.rld run. Sloe +uid it there ~ac~re no ronaplairzts and drat location be~c~ornes un c±fflecash park per~rrurtentls. thr restderus raved rr~ kni,r~r that tra ridr cnat~e. A4u+~n, A~~ahorte r inked if I~ic~e :~4at~or -t~an,~ +~~as u~reeul~lc' rr! the c,ff-leash roles. She rc~L?lied thur ]t rrus n.ot r,rr:~en-t ut t1a.i..ti l>uir~tt. sinc~c tlac~ Cr~r,rr~tril k,ae'ri h.er pustttr~rr. She' su.llor-tf~d r,ption B. f.~ut/a.orie a suhr nnttnitte'e _fi-r,rn naentbers cif t)re C'iti.-cars Grcn~rp try work +rith tlte~ Cite anal Cnt.nt>1~ of-Santa Clara to r•r~ndur't a studs for a.lerzr~ed dr~r; park at Stc'r eras (reek Cc+unt~ Park 1. bul she did not sul?pnrt C t.9ftc r ner~la.hor and /park user srtplr>t-t is obtained b~ the Citi,.ens Grc~tcp Cr+narrtittce. arrtlaori,.e u .sr.x-month trial fr~r u tEn.ced r?ff-leash urea ut Liradu 1-i.stu Purkt r:,r D iContinue tlt.e conanturarr~ rlisc•us.+ion rr tth a crrt-ullc'r. ccllointed _~r<,r~f~ r,f,.iti.-E~nc fr,r a iris;] l~~e~rind fnr :,m rr~raft-n, ed nJf-leach urE~~r ut ;'-1rraznria! Lurk and/car Jc~lh~ntan Pnrk. t Coutu-i1 na.ernher R'oraQ said he w•u.s in •farrr,r c?f` laur•ira,g a contraaittee stu.d+ the Stereras Creek Corc.n.r> Park area, althou:h Jae .felt it r•ra.c tno.far r>utside the r~itr and la.E ~~,-,old prefer to sorraetlairag inside the cih~. He tltruc;~ht that both .orarcps r~ ere n.ot oppc>sed to a .fc~n.c~c-d do>,Q purl,:, but floc diffic'rlltl' r-r as fatadm~ tla-e ri~lat loratinn Hc~ .nc,K,t;ested uraotlaer arca.tnr <~onsidt~ration. nor7h of floe Uuks Shopl~in Cents r ora .A9ur~ .are crrr„+s floe srri-rt .fi-cnn .11~c~raa.ariu7 Park.. He supported u fen.cc'd ira pork ar-eu but didn't tlaira.k that Lntc~ln l'ista i,~us rwoinQ to r-rork.. He supported u tr-iu1 pc'riod.f~~r of/ leash areas. but nu,re work r~~as needed r~•ith .staff and thE~ citi,.en.s. He said he r.r as in_fi,'r or of udopttn~ the ,-r.rle'.c. C<~u.taril nac~nahe r Saradcn a.1 askid.for clarilrac~utiora on floe trial period ~nrd if it ~~ou.1d n~cur at floe saraae' tir,rc' as floe r: f~i;hhr,rlar~nd .ct~n c's~. 3-10 July 21, 2009 Cupertino City Council Page 11 ,r ~E'rlinr Kecreurir+n ~uper-~i.cor Julia L~lnt~~ cuid the tvti.,rtt e ~rntlp recr,ntlttr•ndati(ut -, u~ (1 h-n77mth trial. and ,tut1~ recnnv7tended that the-' trial take plut-e utter ncis,~hhr~r-hnr+d ~~71/>p~~~rt huff hc'E'rt euthE•rE•d h~ lht t-iti;(~rt ~~rr,uh (~nun.cil mcnther .~'cntd(,-'ul .cuid ~~he rrus in fu-~r+r nl adr+ptin~~ tlrE' rules: ht t~a-crr E,1StE•-rt;c C-rt•rk pork us a l~+t-ariE,n: r~ndE•c rdE'd uhr,ut Lin(lu 1'i.~tu Park. hrEt ~ti u~ -, i11irP~~ to f.al~lr,r-r urr r,f1-1('ush r~rtlr•rrc'c'd ,,pti(ur irr Linda t'i,tu Pork rllcrrn>riul f~lr-k. tnrrl J{,11,rPrur; Furl, trr"f',1 ~ tiht' ~dld tt ~, ntlld /7Y lifCE' IU clt'f {~r)rrnt>tltrlE r+PE'r%pl(' ~1 htl liill'E' t(, Qt, tr: ~~ r,rk fit! fhtii tltE-ti tar, r11n rltetr dt,>;.~ ecrrl~ in thf~ rru~r-rrrn,' hrri ,hr did n7>t like rh.e idea u~ hurin.~ ufT- leash arras ctu--t ttt ~:i1U a-rrt. sc+ sltc -rntl/d prnJ?nse ilte E~untl7ttttee lr~r,k u~t timittp r%~ ut1 leach ItE,r(r, She ---us al.c(, ir1 farr,r of rhE' dn~~ i,eurirP~ tl epeciul ta,~_ and su~s;e~sted idE'+7tr~rcutiu7t t!rr nu-nen tE:>c,, sc, it ,-u~ (>hrtnu~ r,~hit-ir pee+ple urrd d(,~rc -,-ere rlsink' rhE~ r%fi- lea.clt w'eu A~a~~nr .A~~](lht,tre~~ said ltE• -,~a.c ir7 1a-~ur n~ the jr711tm~rn~. Adnptinu thr` rule,c fi~llrn, itts;~ up u7t Ster~er7s Creek Park. purstlirt~~ urtfertced utf-leash areas in multiple ~,ilrkt ~•ith u,me kind t,j tar;'. Re,>;ardirP~ unterPCed areas. ii the- are limned tc% a cE'r-tuirl urea a te-, hnur-s u dt:>_~. it 771c7- h(n~e a ~+nnd E,jfert un rrmtrnllir,,~ e.a-t,ctv7>; helta,•ir,rc .such u.c dn_~ (i-,77crc lE'ttin~ the7r d„£,c r,tf leach in ether 1(,(,ltrnrr,c ;,r tinter Lhat i~ nee t,~ the pu77~r,.ces of the rr-iul. urrd it nulke~ it pr,.c:cihle ~r,r pe(%plc tr% u- (old the Cll-fa rf thE'~ dr,n't -r ant to he nCYlr that urtir~in He r7rerrtwned thx 1lluin .~irt'et C rlper-tinr~ pr-njert us utlnthe+~ trim l-,r ~r'r.'rr halt thr+u~ht rhut the Stt-~erts Cret'k Park Ir~catinrt real he the beet test cur Santoro moved and Sandoval seconded to adopt rules for use of an off-leash area for dons in a Cit}+ park; authorize a subcommittee from members of the Citizens Group to «~ork ~~-ith the City and County of Santa Clara to conduct a study for a fenced dog park at Stevens Creek County Park and continue to look at an alternate site; have staff initiate a neighborhood survey for neighbors «-ithin 1000 feet in all directions from Jollyman Park. Linda Vista Park, Memorial Park, and the Library Field for an unfenced off-leash area and 30 days of surveys for park users, ~O~c of those surveyed must agree to an unfenced off-leash area: blue tans are required for both dogs and o~>,-Hers to use unfenced areas: look into increasing either code enforcement or sheriff services to patrol the area: develop an educational program for neighbors and users of the site and include the information on the city channel; add sianaae to the off-leash sites. Nana offered a friendly amendment to sw•vey neighbors within 2000 feet in all directions from~the 4 parks. Sandoval suggested 1500 feet for the survey and Santoro accepted the friendly amendment for 1500 feet. The motion carried unanimousl}+." 'At the Cite C<,u.n.cil nteetin~ c,f Aukust =l. 'CiU9. 1-ice .~~lurur Kris lri~ung clarified t12at she meant to rite nrJ rm tlzc ,luh ?I -~(+te re~arditt rhtirvrs C and D ra st.r-t7trntth trial [7t un nj~-leash nrea tit Littdu 1'tstu Put-k and r~rmtinued disct~s.cicitts tahr,ul ari r?1f=1E~a.ch area at Alentr,riul Purk (.rtd/(+r Jn11~~7nuri Par-kl. . Council recessed from 1:57 a.m. to 2:05 a.m. 3-11 July 21, 2009 Cupertino City Council Page 11 ~~..~ _-i 7~; r, ! - ,r! .-~ .ni i. tf,~ .. t~~ ~~ ~ f` Ali.., ~ _ ~[ '1 `- ~ t~'ni ~~~~ r i~ .~ flit -r i~ ~ c ~ .r-~ .~ t it ~~ 'pit ~i J-,( ! ~~~ ,if . ,.. ~a ~ .. ., ~ ~ ~t .; (, f'~i l;t ,(~t ~ (i, .. ( ,! ~7 .. r .1:__J~.. !..... ~7 J., ~, .. ,:f ~ 1 ~. ~1: ~+. ._ r `~ " ~ ~~~_ . i. n iii :l• ~ ~ ;~~_ _ „ ~ ,: ~ _ _ . ~,. ~ ~~C~~ .. f r.ci, I~~it 1 ~.. .,i7., ..~ ~_ i~ r~ (_. ?I :l~f ~ '7' ~ '1 !~. ;~ Yj. ~. ~~ F.i r;~l ~ ,. ICt ,,. ,, ,r%.'; ~ i t is ~ .r .fF .'r ~~ C 1 r~; r~~ .~ ;t ., . s~.. "~ ~'_. ) ~ ., ~~. ~- i. , ~ ~ h~ 1. it - tlit ,~ t~'~ .r .. t.l ~~,, ~ ~ ( ~< .. ~f .i~ 'pit Santoro mor-e,d and Sandoval seconded to adopt rules for use of an off-leash area for dogs in a City park; authorize a subcommittee from members of the Citizens Group to work ~~-ith the City and County of Santa Clara to conduct a study for a fenced dog park at Stevens Creek County Park and continue to look at an alternate site; have staff initiate a neighborhood survey for neighbors within 1000 feet in all directions from Jollyman Park, Linda Vista Park, Memorial Park, and the Library Field for an unfenced off-leash area and 30 days of surveys for park users; X0'70 of those surveyed must agree to an unfenced off-leash area; blue tags are required for both dogs and o«~ners to use unfenced areas: look into increasing either code enforcement or sheriff services to patrol the area: develop an educational program for neighbors and users of the site and include the information on the city channel; add signage to the off-leash sites, Wang offered a friendly amendment to sw~vey neighbors within 2000 feet in all directions from the 4 parks. Sandoval suggested 1500 feet for the survey and Santoro accepted the friendly amendment for 1500 feet. The motion carried unanimously.' . 1r1. h•ri~ It trn ~ ,,, t ~t _ c 1'7t~"i' ,~~ '~~Ic ?; ]-rr ?i,c _/;!1~ _~~ i~r~lc ~"e ;il~tl/;. t~]~il~~~:c C c;;?~ ~ !~I tt.l"-?7ir~t,'%; -t1,.1 ,r .ti; ,~T~_~c ii `l2 ~llL"Cil ~. !f '~:~,i ~7!Iti t~ir l~~, ~l?: ~ t 'ri ~:il L(1 t17 ~tiF'F Cl;. rr~t ;l/>l ~l/~ <i?i ~_~f:i S<'7 C,i(~. ._. .~I%t' ~<< 11.1 ! ii7-{~ <''iir7 .~ ~._`,It.~ l; ~'t!!-1: ?. _. Council recessed from 1:57 a.m. to 2:05 a.m. 3-11 July 21, 2009 Cupertino City Council Page 13 Wang moved and Santoro seconded to ~:nact Ordinance INTO. 09-2046. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: I~TOne. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 3:07 a.m. Wed., July 22, the meeting was adjourned. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting aie available for review at the City Clerk's Office, 777-3223., and also on the Internet at w«~«~.cupertino.orQ. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comc:ast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.capertino.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. 3-13 CUPERTINO DRAFT MINUTES JOINT MEETING OF THE CUPERTINO CITY COUNCIL AND THE CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Tuesday, August 4, 2009 PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Orrin Mahoney called the joint 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 1. Presentation regarding a status report on environmental affairs. (No documentation in packet). Erin Cooke, Environmental Affairs Coordinator, distributed a copy of her PowerPoint presentation, and gave a six month update on environmental affairs division initiatives and priorities. She noted the City's sustainability model which was first defined in 1987 by the United Nations as `development that meets the needs of the present without compromising the ability of future generations to meet their own needs'. Several factors such as the environment, the economy and social equity affected this model. The City was implementing environmental initiatives, motivating behavioral shifts, reviewing basic services to create green behavior in the community, reviewing the City's energy consumption and looking at ways to reduce it and establishing a plan for the future. The green house gas emissions inventory had been completed and the City was working with ICLE, anon-profit organization that assisted cities with environmental issues. Ms. Cooke stated that the City had already achieved many of the objectives on ICLE's emissions reduction checklist. Her report also included an overview of future sustainability priorities and a summary of environmental affairs projects for fiscal years 2009 and 2010. In conclusion Ms. Cooke reported that the City had just received a $526,000 energy and efficiency conservation block grant from the Department of Energy. This money will be used for an energy audit, facility retrofits, renewable energy purchase, and home energy audits. 3-14 August 4, 2009 Cupertino Ciro Council Page 2 Rick Kitson, Public and Environmental Affairs Director, commented that a detailed energy audit was now underway. This audit would also address the solar issue. Steps were also being taken to arrive at the goal of an gall electric vehicle fleet. Weimin Ma questioned whether tree planting was included in this discussion. He noted some streets in the City had very few if ally trees and it appeared street trees were much more prevalent in other communities. Rick Kitson, Public and Environmental ~~ffairs Director, stated that it was part of the City's environmental program to support and protect trees. Currently there were City requirements regarding the removal and replacement of trees. In addition the City was working on a program that would financially help businesses and residents plant trees. Furthermore, $300 was available as part oi'the Block Leader Program for any community activity in a neighborhood. POSTPONEMENTS Staff requested that Council table item No. 14, vacating a Pacific Gas and Electric CompanX Utility Easement near Highway 280 and Mary Avenue, because PG&E planned to do the vacation instead of having the City do it. Wong moved and Sandoval seconded to table this item. The motion carried unanimously. WRITTEN COMMUNICATIONS The City Clerk distributed the following written communications: • A copy of the PowerPoint presentation on f;nvironmental affairs (item No. 1) • An amendment to the staff report regardin;; argument signatures for the Utility Users Tax measure (item No. 16) • Updated text and an amended resolution related to the Utility Tax Users measure (urgency item) ORAL COMMUNICATIONS Mayor Mahoney noted that there were a number of speaker requests regarding the dog park/off- leash issue. For purposes of clarification he outlined Council's previous action on this matter at the July 21 meeting: (1) Council authorized a subcommittee of the citizens group to work with the City and the County to conduct a study for a fenced dog park at Stevens Creek County Park; (2) Council directed staff to conduct a survey o E neighbors and park users of Jollyman Park, Linda Vista Park, Memorial Park and the Library Field for an unfenced, off-leash dog area, with 50% of those surveyed having to agree to such an ~~rea for it to proceed. Vice Mayor Wang said that this survey should be i'ormulated by the citizens group and an outside agency, with the survey questions coming to Council first for discussion, public input and approval. Council members Santoro and Wong said they did not want to micromanage staff and believed Council had directed staff to conduct the survey and manage any trial period. Vice 3-15 August 4, 2009 Cupertino City Council Page 3 Mayor Wang asked that the tape of the July 21 meeting be reviewed as she wanted her opinion on this matter clarified. Her intent was to not vote in favor of trial periods for Linda Vista, Jollyman or Memorial Park. Councilmember Santoro stated that a decision had been made at the July 21 meeting and the Council should stand by that motion. The City Clerk said she would review the videotape of the vote, add additional detail to reflect Vice Mayor Wang's intentions, and add a footnote to clarify that Vice Mayor Wang had intended to vote no on trial periods in those three parks. Mahesh Nihalani and Rom Gopal appeared on behalf of the Cupertino .Chamber of Commerce and the Asian-American Chamber of Commerce. Mr. Nihalani invited the community to the 7`h annual Duvali Festival, which would take place on Saturday, Sept. 26, from 11 am. - 5 p.m. More information is available from the Cupertino Chamber of Commerce at (408) 252-7054, www.cupertino-chamber.org The following individuals expressed their opposition to an off-leash area for dogs: Judy Harrison Radha & Riya Judy Klinger John Xiao Tmima Korin John Shields Sanjay Sawhney Balaji Venkatachari Jadon Bienz Julie Ma Kumar Ramaiyer Kuo-lon Soong Sonia Maiello Julie Lin Lynnn Frake Hong Jiang Yang Frank Lee Runping Qi Sangeefa Kopardekar Suzanne a'Becket They raised the following issues: safety (particularly for children and seniors), health concerns, negative impact on neighborhoods, high number of dog bites and attacks resulting in higher insurance costs to city, irresponsible dog owners, unpredictability of animals, damage to park lands, and negative impacts on peace and quality of life. They also noted that there were alternative sites in neighboring cities that were a better option. Two examples of trial off-leash parks in Newton Massachusetts and Toronto were cited. In both cases the trial period was not successful and took a long time to correct once the off-leash area was in place. Concerning the trial period, comments were made that the 50% requirement divided the neighborhood, and a more valid majority would be 80%. Several speakers also commented that that Council's decision was not in line with the recommendations of staff and the citizens' group, and that neighborhood notification and communication had been inadequate. Grant Robinson spoke in favor of an off-leash area for dogs noting that an outdoor exercise area for dogs contributed to their good health and happiness. Council member Santoro noted that the February, 2008, list of off-leash dogs complaints provided by Judy Harrison included 37 off leash complaints and 5 dog bites. He said that while the number of off-leash complaints indicated there was a problem, the dog bites occurred on streets or private land and not in City parks. 3-16 August 4, 2009 Cupertino City Council Page 4 CONSENT CALENDAR Wong moved and Santoro seconded to appr~~ve the items on the Consent Calendar as recommended, with the exception of Item No. 2, which was pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. does: None. Abstain: None. 3. Adopt resolutions accepting Accounts Payable for July 17 and 24, Resolution Nos. 09- 122 and 09-123. 4. Adopt a resolution accepting Payroll for July 24, Resolution No. 09-124. 5. Accept the Treasurer's Investment and Bi.~d eg t Resort for June 2009, including a report on General Fund Revenues and Expenditures. 6. Accept an application for an Alcoholic Beverage License for Wingstop Restaurant, 19620 Stevens Creek Blvd., Ste. 190, On Sale Beer & Wine -Eating Place (41). 7. Accept a city project performed under contract for the Stevens Creek Corridor Park Phase lA Creek Restoration Project (Ferma Corporation). No documentation in packet. The City's contractor Ferma Corporation has completed work on the Stevens Creek Corridor Park Phase lA Creek Restoration Project. The work included the relocation and restoration of Stevens Creek Corridor and the planting of the restoration area. 8. Accept municipal improvements, Tiep D. Nguyen and Myha P. Nguyen, 22850 San Juan Road, APN 342-18-044. The applicants have completed City-spe~~ified improvements in the City right-of--way including grading, storm drain and retaining wall work as required by the improvement agreement with the City. 9. Adopt a resolution accepting a quitclaim Deed and Authorization for Underground Water Rights, Amy Cheng, 22823 San Juan Road., APN 342-22-078, Resolution No. 09-125. 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. 10. Adopt a resolution approving an improvement agreement, Louis Ying Lau and Phyllis Ann Choy Lau, 21600 Rainbow Drive, APN 366-38-012, Resolution No. 09-126. Through the improvement agreement with the City, the applicants for a building permit for asingle-family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 3-17 August 4, 2009 Cupertino City Council Page 5 11. Review bids and award the contract for the 2009 Slurry Seal Proms, Project No. 2009- 06, to American Asphalt, in the amount of $633,021.81, and approve a construction contingency of $65,000.00 to cover any unforeseen work required to complete the project, for a total of $698,021.81 (continued from July 21). 12. Santa Clara Va11e~Water District items: a. Adopt a resolution authorizing the City Manager to negotiate and execute an Amendment to the Joint Use Premises Agreement between the Santa Clara Valley Water District and the City of Cupertino, Resolution No. 09-127 b. Adopt a resolution authorizing the City Manager to accept and execute the Footbridge Easement Deed and Agreement and pay $500.00 for the easement over the area being granted by Santa Clara Valley Water District to the City of Cupertino for the Mary Avenue Bicycle Footbridge, Resolution No. 09-128 13. Accept a city project performed under contract for the worts Center Upgrades -Tennis Court Lighting and Sports Court (Cupertino Electric). No documentation in packet. The City's contractor Cupertino Electric has completed work on the Sports Center Upgrades -Tennis Court Lighting and Sports Court Project. The work included the installation of new light poles and the replacement of existing lamps. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes from the June 10, July 7 (continued from July 21) and the July 21 City Council meetings. Wang moved and Wong seconded to approve the minutes of June 10 and July 7 as presented by staff. The motion carried unanimously. Vice Mayor Wang stated that the July 21 minutes did not reflect correctly the intent of her vote. She did not support items C and D of the straw votes taken to authorize trial periods for a fenced off-leash area at Linda Vista Park and for an unfenced off-leash area at Memorial Park and/or Jollyman Park. In addition Vice Mayor Wang wanted the minutes reviewed concerning Council direction regarding the survey. She asked that a verbatim transcript be provided by the City Clerk so that the minutes could be corrected. Carol Korade, City Attorney, stated that a request for reconsideration of a Council item had to be made at the same meeting at which the item was discussed. This matter could be re-agendized, but could not be reconsidered by Council request. However, a public request for reconsideration had already been made by another party and the matter would be coming before Council at their September 1 meeting. 3-18 August 4, 2009 Cupertino City Council Page 6 Kimberly Smith, City Clerk, stated that sh~~ could add more details to the July 21 minutes, as well as add a footnote explaining Vice Pvlayor Wang's explanation on August 4, but the vote could not be changed if the minutes v~~ere correct. Mayor Mahoney referred to the July 21 public hearing items concerning the Embarcadero Capital Partners project on Results Way. Staff had received a letter from the applicant requesting deletion of the phrase `but are riot limited to' in condition 4a. They requested this change to clarify their future obligatic>ns and responsibilities and to avoid any future confusion. The City Attorney noted that if this matter were reconsidered a new public hearing would be required and it was pos;~ible the applicant may not want to go through the process again. Councilmember Sandoval noted that all parties were present when this matter was discussed and decisions were reached. Her intent was to leave it up to staff's judgment. She further noted that there were good relations between staff and the applicant and any additional issue would be brought back to the Council. Council took no action on this matter. Council provided direction to staff as follows regarding the July 21 minutes, item 15, regarding a trial period for anoff--leash area for dogs: • Include more detail to reflect the C'ouncil's straw votes • Add a footnote that on August 4, Council member Kris Wang clarified that she meant to vote no on Paragraphs C <<nd D. Those paragraphs were as follows: "c. After neighbor and park user support is obtained by the Citizens Group Committee, authorize asix-month trial for a fenced off-leash area at Linda Vista Park" "d. Continue the community discussion with a smaller, appointed group of citizens for a trial period for an unfenced off-leash area at Memorial Park and/or Jollyman Park" • Provide Council with a transcript c-f item 15 regarding direction given to staff, to determine if staff was directed to bring the survey questions back to Council for review and public discussion, or if ;staff was directed to proceed with the survey • Provide Council with a transcript o:P the motion on item 15 • Bring the minutes back for further (~ouncil review and adoption Councilmember Wong stated for the record that he thought the July 21 minutes were correct and he only asked for a verbatirr~ transcript because of the request of another Councilmember. Councilmember Sandoval stated for the record that staff had better ways to spend their time than providing a verbatim transcript of the July 21 minutes. She also recommended that if a Councilmember lead any questions about an item they should contact staff for clarification prior to the; meeting. Vice Mayor Wang stated that she would go through the minutes and mark the time stamped sections that she wanted in verbatim format. Councilmember Santor~~ stated that he wanted to see the reviewed 3-19 August 4, 2009 Cupertino City Council Page 7 sections of the July 21 meeting prior to the September 1 Council meeting. If there was disagreement about this request he would just ask for a vote on these minutes at this meeting. While there was no disagreement Vice Mayor Wang suggested a vote be taken anyway. Santoro moved to approve the minutes of July 21 as presented. Wong seconded. After further discussion, Santoro withdrew his motion to approve the minutes. RECESS -The Council meeting recessed from 9:20 p.m. until 9:35 p.m. PUBLIC HEARINGS 14. Consider adopting a resolution vacating a Pacific Gas and Electric Company Utility Easement, City of Cupertino parcel north of Highway 280 underneath the northern approach of the Mary Avenue Bridge. (No documentation in packet). Staff requests this item be tabled. Under "Postponements", Wong moved and Sandoval seconded to table this item. The motion carried unanimously. 15. Consider adopting a resolution vacating a Slope Easement, David Nilsson, 10037 Scenic Boulevard, APN 357-09-056, Resolution No. 09-129. There were no speakers on this public hearing item. Sandoval moved and Wang moved seconded to adopt Resolution No. 09-129. The motion carried unanimously. UNFINISHED BUSINESS -None NEW BUSINESS 15A. Carol Korade, City Attorney, explained that an urgency item arose this afternoon relating to the ballot measure and draft ordinance related to the Utility Users Tax. The timeline to get the information to the County Registrar of Voters Office was 5:00 p.m. Friday, August 7. There was no time for a special meeting and if this matter did was not placed on the November ballot there would be a two-year delay. Wong moved and Sandoval seconded to approve the addition of this urgency item to the agenda for City Council action. The motion carried unanimously. Carol Atwood, Administrative Services Director, explained that (1) The minor word changes clarified the tax exemption for seniors; (2) The measure updated current practices; (3) This would not be a new tax. 3-20 August 4, 2009 Cupertino City Council Page 8 Kimberly Smith, City Clerk, distributed and highlighted updated wording for the ballot measure and an amended resolution related to the Utility Tax Users measure, as shown below. Wong moved and Santoro seconded to aciopt Resolution No. 09-130, with the changes specified below. The motion carried unanimously. The ballot measure wording was amended to read as follows: "Cupertino Vital Services Utility Users Tax Update Measure. Withoi.~t increasing the tax rate, shall an ordinance be adopted to update Cupertino's existing telephone utility users tax, to fund general city services, including neighborhood police ~~atrols, library services, city streets, parks and open spaces, senior programs, and school crossing guards, while maintaining senior citizens' tax exemptions, retaining local a~ntrol of revenues, requiring annual audits and public expenditure reviews, by amending l;~nguage for consistency with current practice?" Two paragraphs on page 1 of the draft ordinance were amended as follows (additions are underlined, and deletions are struck through): "WHEREAS, the changes are technical and do not change the rate, or exemptions, and most residents will see no difference; au~d" "WHEREAS, ~g the existing, outdated UUT language is updated to be consistent with current practice; ~~°^^° *^ *'~° ° ~°*~^^ r°*° ^ „*~^^^ -~~~" o„~,,..° ~~,,,* ~,,.,~.,,,°,.., ., ° *..°.,,-°a +~,° .. ;and,,, 16. Review the argument in favor and the rebuttal argument, if necessary, for the November 3, 2009 election regarding the utili user tax amendment. Authorize signers for each document. Carol Atwood, Administrative Services Director, noted that these arguments were confidential until 5:00 p.m. on Friday. She recommended the formation of a Council subcommittee to meet with staff and the consultants and to authorize this subcommittee to designate five community members as well as the five Council members to sign the arguments. Carol Korade, City Attorney, stated that this matter was put on the ballot by the city but the Council could no longer speak to this matter as a group because of restrictions imposed by election law and the Brown ~~ct. Staff had been working on this issue on their own time, and the City Attorney ~~vas involved only in the preparation of the impartial analysis. The Council would be ,giving their unilateral input, not to each other, but directly to staff, and would be signing the arguments as five individuals. Wong moved and Wang seconded to authorize a subcommittee consisting of Mayor Orrin Mahoney and Council member Mark Santoro to meet with the consultants and staff in their "off' time; and authorize 5 corrununity members and 5 Council members individually to sign the arguments. The motion carried unanimously. 3-21 August 4, 2009 Cupertino City Council Page 9 17. Consider the Parks and Recreation Commission recommendation for the use of the Simms and Stocklmeir properties. Mark Linder, Director of Parks and Recreation, referred to the staff report and noted that the Parks and Recreation Commission had recommended (1) Rezoning the Simms property from Residential 1-10 to Park/Open Space; (2) That the Simms addition be integrated into the McClellan Ranch nature preserve in a manner that will protect and enhance the natural and cultural resources and create opportunities for education, research, restoration and low impact recreation; (3) That the house on the property be removed when the current lease expired; (4) The that the Stocklmeir Task Force develop a plan for a legacy farm on the property; (5) and that the work of the Task Force be included as part of the design study for the Stevens Creek Corridor Trail Phase II. Staff concurred with these recommendations with the exception that the city continue to lease the house on the Simms property on a year to year basis. Bob Hirt supported the recommendations of the Parks and Recreation Committee concerning the Simms and Stocklmeir properties. He further emphasized that the creek restoration was as important as the trail and one should not preclude the other. Shani Kleinhaus, member of the Simms property Task Force, supported the recommendations of the Parks and Recreation Committee for both the Simms and Stocklmeir properties. She also emphasized the importance of the creek restoration and the value of open space to the community Donna Austin, member of the Historical Society and the Stocklmeir Property Task Force, urged Council to refurbish the Stocklmeir House. She also expressed her support for the Legacy Farm, the orchard and a trail along the side of the orchard. She noted that they were working with the Fremont Union High School District on the gardens, and outside classroom and curriculums. Ed Walzer, member of the Stocklmeir Property Task Force, noted that he was at this meeting on behalf of the Fremont Union High School District. He commented that the Stocklmeir property was a valuable project to get students involved in the community, and the students were ready to go to work. Tom Dyer, member of the Stocklmeir Property Task Force, stated his support for this project and for the involvement of the Fremont Union High School District. Anne Ng, Board, member of the Friends of Stevens Creek Trail and of the Simms Property Task Force, thanked the Council, Parks and Recreation Commission and staff for all of their work on this project. She supported revitalizing the creek and the continuation of the trail to Stevens Creek. She also thanked the Council for the .7 mile trail that has already been built. Ms. Ng also suggested more public access to the Simms property. 3-22 August 4, 2009 Cupertino Cit;~ Council Page 10 James Robenolt supported the Parks and Recreation Commission recommendations for the Simms and Stocklmeir properties. F[e recommended removing the house on the Simms property as soon as possible and restoring the property to the way it was. He noted that the signage seemed to indicate that there was no access for the public. Bob Power, on behalf of the Santa Clara Audubon Society, urged Council to continue building on the City's legacy of environmental stewardship. He congratulated the Council on the success of Phase I of the Stevens Creek Restoration Project and urged the continuation of Phase II. He recommended removing the Simms house when the current lease was up. Jennifer Griffin stated her support of the recommendations of the Parks and Recreation Commission. She believed a wildlife refuge and native planting area would be good uses for the Simms property. She also noted th,~t the riparian lands along Stevens Creek were an important asset in the community. Darryl Stow, President of the Cupertino Historical Society, noted that at one time a Cupertino Center for Living History had bc;en suggested for the Stocklmeir property to be an historical and agricultural center. While the idea was worthwhile there was no funding. Now he believed a Legacy Farm would be a good use but to make it work he believed the city would have to take the leadership role. Carol Stanek supported the rezoning of the Simms property and the removal of the house. She remarked on the confusing issue of f~ublic access to the property, because the gate was open but there was also a no trespassing sign. In addition there were conflicting signs regarding dogs in the park. Santoro moved and Sandoval seconded to ask the Planning Commission to rezone the Simms property. The motion carried unanimously. Sandoval moved and Wang seconded to ~cdopt the Parks and Recreation Commission's recommendation that the Simms addition l,~e integrated into a nature preserve in a manner that will protect and enhance the natural <<nd cultural resources and create opportunities for education, research, restoration and low impact recreation. The motion carried unanimously. Sandoval moved and Wang seconded to continue the Simms' property lease to June 2010 if necessary. The motion carried 4-1 with Wong voting no. Sandoval moved and Wang seconded to authorize city staff to determine the cost of removing the house, and to include that :information during the FY 2010-2011 budget discussion. The motion carried 4-lwith W~~ng voting no. Council member Wong explained his no vote as follows: He was not opposed to tearing down the house, and in fact agreed witl~- the staff's recommendation. However, the Blackberry Farm and Stevens Creek Trail took 15 years to get moving, and this 3-23 August 4, 2009 Cupertino City Council Page 11 discussion is about funds that the city doesn't currently have. He understood the long- term goal for this property but the City should value every dollar in the current economy. Wang moved and Sandoval seconded to authorize the City Manager to negotiate and execute the extension to the Simms' property lease. The motion carried unanimously. Wang moved and Sandoval seconded to approve the staff recommendation for the Stocklmeir property, as follows. The motion carried unanimously. The Council's action was to (1) Approve the recommendation of the Parks and Recreation Commission to have the Stocklmeir Task Force develop a plan to create a legacy farm at the Stocklmeir property; and (2) Approve including the work of the Task Force as part of the design study for the Stevens Creek Corridor Trail Phase II. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. RECESS Council briefly recessed from 11:30 p.m.to 11:33 p.m. for the Redevelopment Agency meeting. REDEVELOPMENT AGENCY MEETING ROLL CALL Present: Redevelopment Agency Members Orrin Mahoney, Dolly Sandoval, Mark Santoro, Kris Wang and Gilbert Wong. A. Approve the minutes from June 2, 2009, June 10, 2009 and June 16, 2009. Wang moved and Wong seconded to approve the minutes as presented. The motion carried unanimously. ADJOURNMENT (Redevelopment Agency) Council adjourned the Redevelopment Agency meeting and reconvened the City Council meeting. Mayor Mahoney noted that the August 18 regular meeting had been cancelled, and the next regular Council meeting would be held on Sept. 1. 3-24 August 4, 2009 Cupertino City Council Page 12 Mayor Mahoney asked for a moment of silence in memory of Dick Lohmiller who passed away on July 29, 2009. Mr. Lohmiller -was along-time resident of Cupertino and an active community volunteer, especially in the Cupertino Rotary Club and West Valley Community Services. A service will be held for Mr. Lohmiller on Friday, ,august 7 at 3:00 p.m. at St Joseph's Church. CLOSED SESSION At 11:40 p.m., The City Council went into closed session. 18. Conference with real property negotiator (Government Code 54956.8). No documentation in packet: a. Property: Lawrence/Mitty Park APN 375-21-001 b. Negotiating Parties: County of Santa Clara c. Under Negotiation: Price and term: of payment ADJOURNMENT At 12:06 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, ;end 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 Comc~~st Channe126 and AT&T U-verse Channel 99 and are available at your convenience at www.cu»ertino.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. Please note that the meeting of Aug. 18 has been cancelled. The next regular meeting will be Sept. 1. 3-25 EXHIBITS BEGIN HERE c l 9- / ~~3 July 21, 2009 Cupertino City Council Page 6 The Deputy City Clerk distributed an additional staff report listing General Plan office allocation for major companies, other areas in the City, and future office demands; a copy of the PowerPoint presentation; and an email to City Council from staff regarding General Plan language related to office allocation for major companies. City Planner Gary Chao reviewed the staff report and PowerPoint presentation. Mayor Mahoney opened the public hearinl; at 8:36 p.m. Jim Cunneen, representing Hewlett Packard, said he supported staff's recommendation. Mike Foulkes, representing Apple Computer, said it was important for the company to grow in Cupertino and asked for Council's support for the staff recommendation. Barry Chang said that he isn't speaking for growth or anti-growth but asked Council to consider the impact on the housing element while considering the office allocation because it would affect the entire city. Jennifer Griffin said that Cupertino is a mi x of residential, office, and high tech and urged Council to proceed cautiously to be sure tr:ere is room for everyone. Keith Murphy said that the City should be prepared and needs to also grow on the housing element side. He urged Council tc weigh the two issues together. Tom Hugunin said that he didn't see any information on the major companies in the staff report in the packet and that the public had no way to view the document that Council received this evening on the dais on this issue. He asked what constituted a major company, would the office allocation beneficiaries lobby ABAG on the housing element portion, and how the City allocates the cost of the amendment to the beneficiaries. Hari Guleria said that this is one of the only places where property values are maintained, and he urged Council to encourage large c~~mpanies in Cupertino. Mayor Mahoney closed the public hearing at 8:48 p.m. Council directed staff to recalculate the square footage of the existing major companies. Sandoval moved and Wang seconded t~~ adopt a Negative Declaration. The motion carried unanimously. Wong moved and Santoro seconded to approve an office allocation of 483,053 square feet, , yea: s,~ith the nrujor c•ompa~ties hui~i~~g •~>0,000 syi~are feet tofu], artd the rest of the i~yuare fooru;e ,~~oin~ into the other area.;. The motion failed with Mahoney, Sandoval, and Wang voting no, and Santoro and Wong voting yes.