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CC 11-30-09CUPERTINO APPROVED i•/IINUTES CUPERTINO CITY COUNCIL Special Meeting Monday, November 30, 2009 ROLL CALL At 5:00 p.m. Mayor Orrin Mahoney called the regi.~lar meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION At 5:00 p.m., Council recessed to a closed session ~:o discuss the following items. Initiation of liti ag tion pursuant to subdivisi~~n (c) of Section 54956.9: four potential cases. (No documentation in packet). 2. Conference with labor negotiators (Government Code 54957.6). City representative: City Manager, City Attorney Group. (No documentation in packet). At 6:58 p.m. Council reconvened in open session. Mayor Mahoney announced that the Council had met in closed session and that regarding the first item, Council ratified filing a Petition of Abeyance with the State Water Board on one case and gave instruction to the City's legal counsel on the three other cases; no action was taken on the second item. PLEDGE OF ALLEGIANCE Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge ~~f Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. November 30, 2009 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIO ~1S 3. Proclamation acknowledging design and construction awards to the City of Cupertino for the Mary Avenue Pedestrian Bride. (No documentation in packet). The City Council members viewed a video ,about the construction of the bridge. Mayor Mahoney presented the proclamation to Public Works Director Ralph Qualls. POSTPONEMENTS • Staff requested that Item No. 9 be tabled • Staff requested that Item No. 30 be continued to December 15 or until supporting documents have been received from the CaliforniaFIRST program managers Wong moved and Sandoval seconded to table Item No. 9 and to continue Item No. 30 to December 15 as requested by staff. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items: • 10 emails from residents in support of Item No. 27, solid waste services contract • Staff PowerPoint presentation for Item No. 28, Sterling Barnhart rezoning • Staff PowerPoint presentation for Item No. 29, Apple rezoning • Email from Kelly Ferguson from Siemens regarding Item No. 31, detailed energy audit • 11 emails from residents in support of Item No. 32, safe routes to school ORAL COMMUNICATIONS John Bartas said that the building fees were exces;~ive because the permit fee is almost as much as putting a whole new roof on his house. He quoted from the California Building Code which states that fees shouldn't exceed a reasonable amo~.~nt necessary to administer or process permits and other documents. He distributed a copy of his comments and he said he would like to hear back from the City. City Manager David Knapp said that staff would look into the fees and report back to Council and to Mr. Bartas. CONSENT CALENDAR Sandoval moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 9, 20, 24, 25, and 26, which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wing, and Wong. Noes: None. Abstain: None. 4. Approve the minutes from the October 20 City Council meeting. November 30, 2009 Cupertino City Council Page 3 5. Adopt resolutions accepting Accounts Pay,~ble for October 16, 23, 30, November 6 and 13, Resolution Nos. 09-172 through 09-176. 6. Adopt resolutions accepting Payroll for October 16, 30, and November 13, Resolution Nos. 09-177 through 09-179. 7. Accept the Treasurer's Investment report for September 2009. 8. Accept applications for an Alcoholic Bever;~~e License: A. Pebbles Deli Cafe, 10235 S. De Anza Blvd. - On Sale Beer & Wine -Eating Place (41) B. Gokaku, 10789 S. Blaney Ave. - Ors Sale Beer & Wine -Eating Place (41) C. 7 Eleven, 21490 McClellan Road - ~~ff Sale Beer & Wine (20) D. Bonjour Crepe Company, 19929 Stevens Creek Blvd. - On Sale Beer & Wine - Eating Place (41) 10. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Karen H. Tseng and Joseph R. R:atz, 20655 Nancy Court, APN 359-15-027, Resolution No. 09-180. The property owners of this residential dev~~lopment agree to grant to the City the right to extract water from the basin under the overlying property. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035, Resolution No. 09-181. The property owners of this residential dev~;lopment agree to grant to the City the right to extract water from the basin under the overlying property. 12. Adopt a resolution approving an Impro,rement Agreement, Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035, Resolution No. 09- 182. Through an improvement agreement with the City, the applicants for a building permit for an addition to asingle-family residenti;~l development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. November 30, 2009 Cupertino City Council Page 4 13. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Joshua Richardson and Shabnam Richardson, 13650 Santa Lucia Road, APN 342-16-035, Resolution No. 09-183. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 14. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Marie L. Medeiros, 10610 Johansen Drive, APN 357-36-012, Resolution No. 09- 184. 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. 15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Jok Tong Yiu, 10613 Baxter Avenue, APN 326-11-014, Resolution No. 09-185. 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. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, 10212 North De Anza, LLC, 10212 North De Anza Boulevard, APN 316-26-088, Resolution No. 09-186. The property owner of this commercial development agrees to grant to the City the right to extract water from the basin under the overlying property. 17. Adopt a resolution accepting a Grant of Easement for Sidewalk Purposes, 10212 North De Anza, LLC, 10212 North De Anza Boulevard, APN 316-26-088, Resolution No. 09- 187. The property owner of this commercial development agrees to grant to the City an easement for sidewalk purposes, together with the right to use for sidewalk and public access purposes and construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 18. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Chie Jin Cheng, 10867 East Estate:; Drive, APN 369-22-022, Resolution No. 09- 188. 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. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Gregory S. Young and Anjali S. :'ate, 22050 Regnart Road, APN 366-02-048, Resolution No. 09-189. November 30, 2009 Cupertino City Council Page 5 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. 21. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Ravi Satrawada and Porkodi Ekambaram, 10561 Castine Avenue, APN 326-44- 034, Resolution No. 09-191. The property owners of this residential dev~:lopment agree to grant to the City the right to extract water from the basin under the overlying property. 22. Adopt a resolution approving an Improvement. A~ieement, Kong-Yeu Han and Sue-Jane Han, 21881 Dolores Avenue, Parcel 1, Resolution No. 09-192. Through an 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. 23. Adopt a resolution accepting a quitclaim Deed and Authorization for Underground Water Rights, John Zhe Qu and Hong Xiao, 7948 Woodlark Way, APN 362-04-043, Resolution No. 09-193. 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. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 9. Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Commissioner Geoffrey Paulsen to the :~anta Clara Valle~ansportation Authority Bicycle Pedestrian Advisory Committee fora 2-year term. Under "Postponements", Wong moved an~i Sandoval seconded to continue this item to December 15 as requested by staff. The motion carried unanimously. 20. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Sheshaprasad Krishnapura and M;~lini Minasandram, 21947 Lindy Lane, APN 356-25-029, Resolution No. 09-190. 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. Council member Mark Santoro recused himself from voting on this item because the applicant is his neighbor. He left the dais at 7:15 p.m. Sandoval moved and Wong seconded to adopt Resolution No. 09-190. The motion carried with Santoro absent. November 30, 2009 Cupertino City Council Page 6 Council member Santoro returned to the dais at 7:16 p.m. 24. Award a construction contract for Sterling Barnhart Park, Project No. 2008-9126, to Elite Landscaping Inc, of Clovis California, in the amount of $364,345 and approve a construction contingency of $55,000 to cover any unforeseen work required to complete the project, for a total of $419,345. Sandoval moved and Wong seconded to award the contract. The motion carried unanimously. 25. Authorize the City Manager to enter into a contract with Coulomb Technologies to manage aplug-in electric vehicle char ig_ng_station in the City Hall parking lot. Approve a budget transfer of $10,000 from the Sterli~lg/Barnhart Park capital project account 420- 9126-9300 to City Hall Facilities Maintenance account 110-8501-9100. Sandoval moved and Wong seconded to approve the item. The motion failed with Mahoney, Wang, and Santoro voting no ~md Wong and Sandoval voting yes. Council directed staff to bring this item back in January with the mid-year budget adjustments. 26. Approve a fee waiver request from the Cupertino Area Chinese Language Education Committee of approximately $90.00 in facility use fees for the use of the Cupertino Room for the Cupertino City Council Candidates Forum on October 22, 2009, from 6:00 p.m. unti19:00 p.m. Lisa Wang, Secretary of the Cupertino Area Chinese Language Education Committee, answered questions from Council regarding the forum. Sandoval moved and Wong seconded to approve the fee waiver with wording clarification that this was a forum for the Cupertino Union School District. The motion carried unanimously. Mayor Mahoney reordered the agenda to go back to Oral Communications. Norm Donovan suggested that Council have each neighborhood identify what safe routes to schools exist in their area, if any, and put togethe;r neighborhood task forces to discover other options available if no safe routes exist. PUBLIC HEARINGS 27. Consider approving a 5-Year Solid Waste Services Franchise Agreement with Los Altos Garba e~ Company (LAGCo dba Recology, A Norcal Company) for solid waste collection with additional collection services and expansion of recycling services, including curbside collection of household hazardous waste for a rate increase of 50 cents a month ($6.00 per year) for the City of Cupertino effective November 1, 2010 and upon mutual agreement after November 1, 2014 an option for an additional five years beginning November 1, 2015 and authorize the City Manager to negotiate and bring a final agreement with LAGCo back to City Council for approval by spring of 2010. November 30, 2009 Cupertino City Council Page 7 Written communication for this item included 10 emails from residents in support of this item. Public Works Director Ralph Qualls reviewed the staff report. John Zirelli, General Manager of LAGC~~, summarized all the services that LAGCo would provide to Cupertino and encourag~:d Council to approve the contract. He noted that under the new contract, LAGCo would be operating under the new name of Recology. At 8:05 p.m. Mayor Mahoney opened the public hearing. There were no speakers and the public hearing was closed. Santoro moved and Wong seconded to apps°ove a 5-year contract with Los Altos Garbage Company, including an option for an addi~;final five years, to include the 20 cubic yard debris box at the cost of $475 with no sut~sidy from the City; and to authorize the City Manager to negotiate and bring a final agreement back to Council for approval by spring of 2010 to include. The motion carried unanimously. 28. Consider rezoning a property from Sinl;le Family Residential (R1-7.5) to Park & Recreation (PR) for a proposed neighborhood park, Application No. Z-2009-03 (EA- 2009-08), City of Cupertino, East side of Sterling Blvd. at the easterly terminus of Barnhart Avenue, APNs 375-23-046 and 37'5-23-047: A. Approve a Negative Declaration B. First reading of Ordinance No. 09••2051: "An Ordinance of the Cupertino City Council rezoning two parcels of 0.6 gross acre located at the Easterly side of Sterling Blvd. at the Easterly termi~lus of Barnhart Avenue from R1-7.5 (Single- Family Residential) to PR (Park & Recreation)" Written communication for this item included a staff PowerPoint presentation. At 8:13 p.m. Mayor Mahoney opened the public hearing. Mohsen Reiisieh said that he lives next to the park and he was concerned that no one contacted him about the construction plan tmtil today. He said it is good to have the park but his main concern is what is going to happen to the wall adjacent to his property. Public Works Director Ralph Qualls said that staff had discussed this with him during discussions of the trail and he said that City Architect Terry Greene would be happy to contact Mr. Reiisieh to let him know the plan regarding his fence. The public hearing was closed at 8:17 p.m. November 30, 2009 Cupertino City Council Page 8 Sandoval moved and Wang seconded to approve the project with direction to staff to look into painting a red curb across the park frontage extending to the trail entrance. The motion carried unanimously. Wong moved and Wang seconded to approve a Negative Declaration. The motion carried unanimously. The Deputy City Clerk read the title of the ordinance. Wong moved and Sandoval seconded to read the ordinance by title o~11y, and that the City Clerk's reading would constitute the first reading thereof. Ayes: N[ahoney, Sandoval, Santoro, Wang and Wong. Noes: None. Council was in recess from 8:22 p.m. to 8:30 p.m. 29. Consider rezoning approximately 7.78 acre:> from Planned Development Residential - P(Res), to Planned Development Industrial and Residential -PIMP, Res), Application No. Z-2009-01 (EA-2009-01), James Fowler on behalf of Apple, Inc., 19310-19320 Pruneridge Avenue, APNs 316-06-050 and 316-06-051: A. Approve a Mitigated Negative Decl~~ration B. First reading of Ordinance No. 09•-2052: "An Ordinance of the Cupertino City Council recommending the rezoning of 7.78 acres from P(Res), Planned Residential, to PIMP, Res), Planned Industrial and Residential" Written communication for this item included a staff PowerPoint presentation. Senior Planner Aki Snelling reviewed the staff report. Mike Foulkes from Apple noted that the application entailed bringing two buildings currently on the Apple campus into the appropriate zoning. At 8:49 p.m. Mayor Mahoney opened the pixblic hearing. Barry Chang asked about rezoning issues and whether they need public hearings. City Attorney Carol Korade responded to his question. The public hearing was closed at 8:50 p.m. Sandoval moved and Wang seconded to approve a Mitigated Negative Declaration. The motion carried unanimously. The Deputy City Clerk read the title of the ordinance. Sandoval moved and Wang seconded to read the ordinance by title oily, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. November 30, 2009 Cupertino City Council Page 9 30. Adopt a resolution authorizing the City of Cupertino to join the CaliforniaFIRST program, financing of clean energy, authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Cupertino. (Staff requests this item be ~~ontinued to December 15 or until supporting documents have been received from the CaliforniaFIRST program managers). Under "Postponements", Wong moved anti Sandoval seconded to continue this item to December 15 as requested by staff. The motion carried unanimously. UNFINISHED BUSINESS -None NEW BUSINESS 31. Accept the City of Cupertino Detailed Energy Audit from Siemens and consider authorizing the City Manager to solicit requests for proposals for an energy savings performance contract. Written communication for this item included an email from Kelly Ferguson of Siemens. Public and Environmental Affairs Director ~[~ick Kitson reviewed the staff report. Environmental Affairs Coordinator Erin Ccoke explained how Siemens was chosen to do the energy audit. Kelly Ferguson from Siemens talked about what services Siemens provides. Administrative Services Director Carol ~~twood noted the financial issues with this project proposal. Alex Ruiz, Energy Engineer from Siemen:;, explained the cost recovery and the simple payback formula of savings. Kelly Ferguso~i said that the simple payback doesn't account for all the incentives that the utility companies provide since rebates may not be reflected immediately. Andy Radle, Chair of the Technology, Information, and Communications Commission, said that even though the City may not be: ready to put this out for a project now, the commission saw opportunities there to explore the right proposal in the future. Barry Chang asked questions about the a~ntract and the current proposed price. Staff explained that there was no proposal at this time. Santoro moved and Wong seconded accept the report and refine a proposal from Siemens and have staff bring it back to Council. The motion carried unanimously. 32. Consider forming a task force to study safe routes to Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School, including access via Scenic Circle. November 30, 2009 Cupertino City Council Page 10 Written communication for this item included 11 emails from residents in support of this item. Parks and Recreation Director Mark Linder reviewed the staff report and distributed copies of Council minutes from October 17, 2006 and July 17, 2007. Barbara Goldman, representing Monta Vista PTA and the neighborhood of Orange and Byrne, encouraged Council to form a task; force to see what can be done to make the neighborhood safer for kids as well as opening the Scenic Circle gate to relieve some of the foot traffic so kids aren't competing with the cars. Suman Ganapathy, PTSA President, said that the group is in support of a task force to help kids find safer ways to get to school and that the Scenic Circle route would be a good way. Stewart Kelly said that Council needs to look broader than just the Scenic Circle route and distributed a handout showing the attendance area boundaries in the Cupertino Union School District. Anne Ng said that she believes in open access and allowing kids to get to school on their own power. She encouraged Council to open the Scenic Circle access at least on school days. Jim Bodwin encouraged Council to start ~i task force and said that opening the Scenic Circle gate is the right thing to do. Max Bokelman said that when the Scenic Circle gate was installed in 2000 he would lock and unlock the gate for years. He said he v~~as concerned about leaving the gate unlocked at night and even all day, and suggested ghat unlocking the gate for a few hours in the morning and afternoon is fine. Carol Stanek said that a task force may be the only opportunity to get the issues of Scenic Circle addressed and noted that nothing had happened with the previous task force. She said she was concerned about who would close the gate at night and asked about the vandalism reports from the Sheriff s office. Norm Donovan said that biking, not walking, on McClellan and Stevens Creek is the issue and that there needs to be a bridge a~1d a gate available. He noted that his son had come close to being hit while on his bicycle; and said that if there isn't a safe path now for him to bike to school then other options need to be addressed. Daniel Nguyen, Public Safety Commissioner, said that this issue should be passed on to the Public Safety Commission to tackle. Wong moved and Santoro seconded to a;;endize this for the next meeting to look at opening up the Scenic Circle gate and 1,ook at all of the concerns, and to receive clarification regarding safe routes to schools and the commissions' responsibilities and November 30, 2009 Cupertino City Council Page 11 budgets needed. Santoro added a friendly zunendment to have the motion be to consider opening the Scenic Circle gate and direct :staff to bring back a report regarding updates from the Public Safety, Bicycle Pedestrian, Teen, and the Parks & Recreation Commissions on alternative ways for kids t~~ get to school safely, including a timeline and incentive money. Wong accepted the friendly amendment. The motion carried with Wang voting no. 33. Consider adopting a resolution establishing a separate City Attorne~ar ag ining_group including all attorney positions in the City ~~ttorney's Office, Resolution No. 09-194. Santoro moved and Wang seconded to adopt the resolution. The motion carried unanimously. ORDINANCES 34. Conduct the second reading of Ordinance lvo. 09-2050: "An ordinance of the Cupertino City Council amending Title 17, Si ng Ordir.~ance, of the Cupertino Municipal Code." Wang moved and Wong seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Wang moved and Wong seconded to enact Ordinance No. 09-2050. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS COUNCIL REPORTS ADJOURNMENT At 11:19 p.m., the meeting was adjourned in memory of State Assembly member Paul Fong's father. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.or~. Click on Agendas & Minutes, then click on the apf~ropriate Packet. Most Council meetings are shown live on Comca:;t Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.