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CC 08-04-09CUPERTINO APPROVED P-~INUTES JOINT MEETING OF THE CU:PERTINO 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 1e~3 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 updat<; 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 redua~ 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. August 4, 2009 Cupertino City 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 a.ll 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 any trees and it appeared street trees were much more prevalent in other communities. Rick Kitson, Public and Environmental Affairs 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 financi~~lly help businesses and residents plant trees. Furthermore, $300 was available as part of 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 Company 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 environmental affairs (item No. 1) • A.n amendment to the staff report regarding; argument signatures for the Utility Users Tax measure (item No. 16) • Updated text and an amended resolutio~i related to the Utility Tax Users measure (urgency item) ORAL COMMUNICATIONS Mayor Mahoney noted that there were a number c~f 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 of neighbors and park users of Jollyman Park, Linda Vista Park, Memorial Park and the Library ]Meld for an unfenced, off-leash dog area, with 50% of those surveyed having to agree to such an area for it to proceed. Vice Mayor Wang said that this survey should be formulated 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 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 b}' 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 ~cn 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. o rg 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 tlce 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 are; for dogs noting that an outdoor exercise area for dogs contributed to their good health and happiness. Council member Santoro noted that the Febru~uy, 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. August 4, 2009 Cupertino City Council Page 4 CONSENT CALENDAR Wong moved and Santoro seconded to approve 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. Noes: None. Abstain: None. 3. Adopt resolutions accepting Accounts Pati~able for July 17 and 24, Resolution Nos. 09- 122 and 09-123. 4. Adopt a resolution accepting Payroll for Juay 24, Resolution No. 09-124. 5. Accept the Treasurer's Investment and Bud eg t Report 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 Corp~~ration). 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. IJguyen and Myha P. Nguyen, 22850 San Juan Road, APN 342-18-044. The applicants have completed City-specified improvements in the City right-of--way including grading, storm drain and retaini~ig 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, APT1366-38-012, 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. August 4, 2009 Cupertino City Council Page 5 11. Review bids and award the contract for the: 2009 Slurry Seal Program, 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 .fuly 21). 12. Santa Clara Valley Water District items: a. Adopt a resolution authorizing thE; City Manager to negotiate and execute an Amendment to the Joint Use Premi:yes 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 citesproject performed under contract for the Sports Center Up ra~des -Tennis Court Lighting and Sports Court (Cupertinc- 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 repla~;,ement 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 Vist~i 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 re€;arding 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 Septemb~:r 1 meeting. August 4, 2009 Cupertino City Council Page 6 Kimberly Smith, City Clerk, stated that she could add more details to the July 21 minutes, as well as add a footnote explaining Vice IViayor Wang's explanation on August 4, but the vote could not be changed if the minutes were 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 not limited to' in condition 4a. They requested this change to clarify their future obligations 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 possible the applicant may not want to go through the process again. Councilmember Sandov,~l 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~~uncil's straw votes • Add a footnote that on August 4, ~~ouncil member Kris Wang clarified that she meant to vote no on Paragraphs C a~1d 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 of 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 of'the motion on item 15 • Bring the minutes back for further Council review and adoption Councilmember Wong stated for the record that he thought the July 21 minutes were correct and he only asked for a verbatim 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 had 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 1:he time stamped sections that she wanted in verbatim format. Councilmember Santoro stated that he wanted to see the reviewed 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 m,~tion to approve the minutes. RECESS -The Council meeting recessed from 9:x:0 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. (Na 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 ;dope 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 seco~lded 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 tvvo-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. August 4, 2009 Cupertino Cit}~ 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 adopt 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. Without 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 patrols, library services, city streets, parks and open spaces, senior programs, and school crossing guards, while maintaining senior citizens' tax exemptions, retaining local control of revenues, requiring annual audits and public expenditure reviews, by amending l~inguage for consistency with current practice?" Two paragraphs on page 1 of the draft ordiinance 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; and" "WHEREAS, ~g the existing, outdated UUT language is updated to be consistent with current practice; ~ ~. ,.*~:~,.,.,,~° *° *'~° ° ~°*~^° «°*° ° ~*~°~~ ~ ~~~~ 16. Review the argument in favor and the rebirttal argument, if necessary, for the November 3, 2009 election regarding the utility 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. Sl1e 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 E~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 living 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 Sani:oro to meet with the consultants and staff in their "off' time; and authorize 5 community members and 5 Council members individually to sign the arguments. The motion carried unanimously. 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 Recre~ition, 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/C)pen 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; (~~) 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 Sirnms 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 train 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 Prop~:rty 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 Friend:; 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 al:~o suggested more public access to the Simms properly. August 4, 2009 Cupertino Cite Council Page 10 James Robenolt supported the Parks and Recreation Commission recommendations for the Simms and Stocklmeir properties. He recommended removing the house on the Simms property as soon as possible and re~~toring the property to the way it was. He noted that the signage seemed to indicate that they°e 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~it 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 been 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 public access to the properly, 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 adopt the Parks and Recreation Commission's recommendation that the Simms addition be integrated into a 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. 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 Vilong 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 Wong voting no. Council member Wong explained his no v~~te as follows: He was not opposed to tearing down the house, and in fact agreed with. the staffls recommendation. However, the Blackberry Farm and Stevens Creek Trail took 15 years to get moving, and this August 4, 2009 Cupertino Cite Council Page 11 discussion is about funds that the city doe;sn'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 plain to create a legacy farm at the Stocklmeir property; and (2) Approve including the ~~vork 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 I,.m. for the Redevelopment Agency meeting. REDEVELOPMENT AGENCY MEETING ROLL CALL Present: Redevelopment Agency Members Orrin r~Iahoney, 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. August 4, 2009 Cupertino Cite Council Page 12 Mayor Mahoney asked for a moment of silence iri 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 ((Jovernment Code 54956.8). No documentation in packet: a. Property: Lawrence/Mitty Park APPJ 375-21-001 b. Negotiating Parties: County of Santa Clara c. Under Negotiation: Price and terms of payment ADJOURNMENT At 12:06 p.m., the meeting was adjourned. Kimberly Smith, i Clerk Staff reports, backup materials, and items distribtrted at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cux~ertino.or~. 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 bee~i cancelled. The next regular meeting will be Sept. 1.