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CC 12-15-09CUPERTINO APPROVED ]MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, Decerr~ber 15, 2009 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lead the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Gilbert: Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS Mayor Wang gave letters of commendation to students from the Silicon Valley Korean School for their service in the community. 1. Citywide drill -after action summary. (Nc documentation in packet). Andy Huang from CERT (Community Emergency Response Team) made a presentation about the emergency drill titled "Operation Awareness" that was held in Cupertino on Oct. 17 and 18. He explained that the event took place over 2 days, utilized 669 volunteers including groups such the Co~.tnty Fire Department, Red Cross, Boy Scouts, Girl Scouts, neighborhood communities, Block Leaders, Neighborhood Watch, Green Cupertino, businesses, and service clubs, to canvas 7,702 residents. City GIS staff created 387 canvas maps, the 3N alert system ,vas activated and Radio Cupertino AM 1670 broadcast information about the event. He said that this was a groundbreaking community event and noted that the next personal emergency preparedness training would be held on Jan. 23 from 9-12. POSTPONEMENTS Staff requested that Item No. 15, CaliforniaFIR;3T Program, be continued to January 19 when staff receives additional information from the Sta~:e and administrative agencies. Mahoney moved and Wong seconded to continue the item to January 19. The motion carried unanimously. December 15, 2009 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • Staff PowerPoint presentation for Mary Avf;. Village, Item No. 16 • Staff handout on follow-up questions for 1~1ary Ave. Village and off-leash area for dogs, Item Nos. 16 & 17 • One email in support and one email opposed to off-leash areas for dogs, Item No. I7 • 36 emails in support, one email opposed, and one email asking about policies and procedures regarding access to Blackberry Farm from Scenic Circle, Item No. 18 ORAL COMMUNICATIONS Florica Enescu said she was concerned about pollution coming from the Lehigh Cement Plant and asked the City was doing to protect the residents from the dangerous chemicals. Sheaun Tsai said that after eight months there had been no work done on the modified proposal to reduce the hazard of traffic lights coming into th~~ window of his house on Berry Ct. He said he had notified Glenn Goepfert in the Public Works Department and was told that the partnership was not agreeing to the proposed solution, so he was asking for the City Council's help. City Manager Dave Knapp said he would follow up with staff and that a response would go out the next day to Mr. Tsai. Margaret Tsai also talked about Berry Ct. and said she was upset that the agreement wasn't being honored. She said City staff had made a lot of effort to help them and she asked Council for further help with the situation. Ron Miller, Chair of the Cupertino Library Commission, gave a quarterly report of the Library Commission. He noted the death of Librarian Jah-I~ih Lee; congratulated those involved in the 5- year celebration, especially Barbara Rogers; said that lack of parking is an issue and the Commission is trying to alleviate the problem by expanding parking into the Library field to add 40-80 additional parking spaces. He noted that the commissioners would be attending an effectiveness training seminar offered by the California Library Trustees and Commissioners Association, and said that Rosanne Macek, who v/as interim Librarian during Jah-Lih's illness, has been appointed as the permanent community Librarian for Cupertino. Bill Almon, founder of Quarry No, said that samples of dust from the Lehigh Cement Plant were taken from Stevens Creek at three different locations and high levels of arsenic were found which were 20 to 50 times above the California screening level for health. He said that it is very important that this dust be cleaned up and removed from the public thoroughfares immediately. December 15, 2009 Cupertino City Council Page 3 CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 6 which was pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the November 30 and December 1 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for November 20, 25, and December 4, Resolution Nos. 09-196 to 09-198. 4. Adopt a resolution accepting P~ oll for November 25, Resolution No. 09-199. 5. Accept the Treasurer's Investment and Bud eg t Report for October 2009, including a report on General Fund Revenues and Expenditures. 7. Adopt a resolution approving the 2009-1Ci Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 09-x:00. 8. Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Commissioner James Wiant to the Santa Clara Valley Transportation Authori . Bich Pedestrian Advisory Committee fora 2-yea~• term. 9. Adopt a resolution accepting a Grant of Easement for Sidewalk Purposes, Evershine VI, L.P., A California Limited Partnership, 19770 Stevens Creek Boulevard, APN 369-06- 009, Resolution No. 09-201. The property owner of this commercial development agrees to grant to the City an easement for public sidewalk purposes, together with the right to use for sidewalk and public access purposes and construct, repair and maintain public sidewalk improvements, over a portion of the property. 10. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Karen Radl Cockerill, 22045 Wallace Drive, APN 326-02-037, Resolution No. 09-202. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying properly. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc., 19333 Vallco Park•~, APN(s) 316-20-075 and 316-20-076, Resolution No. 09-203. 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. 12. Declare weeds on certain properties a nuisa~ice and set a hearin date of January 19, 2010, Resolution No. 09-204. December 15, 2009 Cupertino City Council Page 4 13. Approve expenditure from the Mayor's discretionary fund for travel to Shanghai by Mayor Wang for the World Expo Forum in the amount of $1,177.90. 14. Cancel the meeting of Jan. 5. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Accept the City's annual year-end audited financial reports for 2008-09. Council member Chang asked staff a question regarding this item. Administrative Services Director Carol Atwood and Finance Director David Woo responded to the question. She noted that copies of the interest rate schedules were available to Council. Chang moved and Wong seconded to approve the item. The motion carried unanimously. PUBLIC HEARINGS 15. Adopt a resolution authorizing the City of Cupertino to join the CaliforniaFirst Program, 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, and authorizing related actions. (Continued from Nov. 30). This item to be; continued to January 19 when staff receives additional information from the State and z~dministrative agencies. (No documentation in packet). Under "Postponements" the City Council voted unanimously to continue this item to January 19. UNFINISHED BUSINESS -None. NEW BUSINESS 16. Receive a proposal from the Cupertino Rot~uy Housing Corporation (CRHC) to enter into a partnership with the City of Cupertino to develop 18 affordable senior rental units and transform a segment of Mary Avenue into z. tree-lined residential street. If agreeable with the project concept, direct staff to: (1) authorize CRHC to proceed with the application, (2) use Redevelopment housing funds to upfront application fees, and (3) prepare a Memorandum of Understanding between the City and CRHC, to be brought back to Council in Spring 2010. Written communications on this item included a staff PowerPoint presentation and a staff handout on follow-up questions. December 15, 2009 Cupertino City Council Page 5 Administrative Services Director Carol Atwood reviewed the staff report using a PowerPoint presentation. She noted that this is a conceptual proposal only to see if Council would like to move forward with the project. Richard Lowenthal, President of the CRHC, addressed Council questions about density, setbacks, parking, traffic, etc. He said that they are not asking for Council approval tonight, only wanting to know if Council would be a willing partner in the project and direct staff to write a Memorandum of Understanding (MOU) for Council approval later. He noted that the Cupertino Rotary has no financial gain in this project; CRHC would pay for the construction, and he expects that no City General Fund money would be used for the construction. He said that the project would need a General Plan Amendment (GPA) to change the parcel from transportation to ~°esidential and that another small piece of land that is currently a de-facto park would need to be rezoned as park, which they would then improve as a park for the community. l~[e urged Council to not postpone making a decision on the MOU since they are plarviing a fundraising event in March to receive State funding. Jim Jackson from CRHC answered questions from Council about fundraising and cost. He responded that they hope to work with Charities Housing to help get low-income housing tax credits from the State and Federal government. Michael Gottwald said that he supported the: project. Dick Weaver said that building next to a fi•eeway increases the risk of heart disease and stroke and is a bad place for senior housing. Steve Ting said that he is the immediate past president of Cupertino Rotary and the members understand the critical service needs of the community. He cited some projects that Rotary helped with, and said he supports the project. Deborah Jamison said that her neighborh~~od wasn't consulted or notified about this project and hopes it will be noticed in the future if the project goes forth. She said many aspects of the proposal are good but urged Council to use only drought resistant and California native plants in the park area next to Casa De Anza and to use efficient resources in all aspects of the project includ~:ng building materials. She said that breathing air next to highways puts people at risk for diseases such as asthma and those with lung impairment like seniors. Ned Britt said that he wasn't for or against the project but wondered about the cost benefit and the benefit to the community as ~i whole. Dr. Darrel Lum (also speaking for Keith Murphy and Robert McKibbin) said he had no objection to the concept of providing senior housing but had concerns. He distributed a handout listing the following: 1). Recorrllnend that an independent financial impact analysis be done to determine the annual general Fund cost to the City for providing services to the project and its residents becaixse as anon-profit, the group is not subject to December 15, 2009 Cupertino City Council Page 6 paying property tax; 2. Receive a precise estimate of the capital cost by the City including market value of the land, funds from all city sources, site preparation and improvements, and in-kind services such as waived or paid fees; 3. The City should receive a financial return because of its substantial capital p;~rticipation; 4. There should be a cap to the City's financial contribution and the financial responsibility for underfunding or cost overruns should be determined; 5. The City should lease or sell the land at fair market value. He listed concerns about the proj~:ct including land issues, project cost, low- income tax allocation credits, return on investment, fees, and zoning. Robert McKibbin suggested moving this to a study session to get broader exposure and more citizens involved. Keith Murphy asked why this project wasn't brought up during the discussion on housing allocation and suggested using the space for parkway to help with the density of the housing across the street. Tom Hugunin asked how this could be no cost to the City, if any other bids had been put out other than Rotary, and would this be the best site for this project. He noted that the questions warrant a study session. Sherry Fang said that she supports affordable housing and noted that it would be nice to have an overview of City resources to let the public participate in knowing how the City uses its resources and receives a return on investment. See said she would like to see the City have a more widespread and democratic process in place to give input on how we use our resources. Cathy Helgerson said the facility would be right next to the freeway which is bad for senior health. She asked questions regarding; block grant money, how many people would be living in the housing project, and would they have to pay rent. She urged Council to find another place for the project. Mahoney moved and Wong seconded to proceed with the application and directed staff to prepare a Memorandum of Understanding (MOU) between the City and the Cupertino Rotary Hoxsing Corporation (CRHC) to include leasing the land; parking, traffic, and air pollution studies; deed restrictions on selling the property; detailed cost analysis; and broad notification of residents, other non-profit groups, and service organizations to be paid for by CRHC. Council recessed from 10:03 p.m. to 10:10 p.m. 17. Receive survey results on off-leash dog exe-rcise areas during specific times in Memorial Park, Jollyman Park, Linda Vista Park, and :Library Field and provide direction to staff. Written communications on this item included a staff handout on follow-up questions and one email in support and one email opposed to off-leash areas. December 15, 2009 Cupertino City Council Page 7 Parks and Recreation Director Mark Linder reviewed the staff report Bryan Godbe, President of Godbe Research Associates, and Gayatri Kuber, Senior Research Analyst, answered questions from Council on the survey results. Don Rosenbaum (also speaking for Arlene Rosenbaum and Betsy Dougherty) said that false information skewed the results and should be considered invalid and that staff should be directed to work with other cities on a fenced-in area for dogs in the County. He stated a proposal to start with a 9-month fenced trial in four, schools, and land areas in four sectors of the City. He recommended Wilson Park, the baseball field, the Library field, Collins school in the east; Linda Vista park in the west or Kennedy or Lincoln school yards early morning; Mary Ave. unused area in the north, Varian Park, Stevens Creek School; and Hoover Park in the south along Barnhart. Hari Guleria asked Council to reject the survey because the data was tainted. He encouraged Council to move ahead with a :scientific trial period and see what the results are. Kim Rennek said she was disappointed in the survey results because they were tainted by a smear campaign from flyers that went out about the survey. She urged Council to go ahead with the trial period in order to get f-acts. She noted that Cupertino needs anoff- leash dog area and she wouldn't travel to Stevens Creek Park because it's too far away. Carol Miller noted reasons to move ahead v~~ith the trial, including the fact that there was no place to exercise off-leash legally; off-leash has been successful in other places around the country; they could use best practices from other cities; the survey should be declared invalid because it was skewed; the survey should have been blind, and there was no pre or post survey for typical usage; there should lie a Citywide survey of who owns a dog and would use either a fenced or unfenced dog play area; having a trial would result in real data; no survey of residents or park users was done for soccer; and the trial should include multiple parks, so dog owners can walk to t}ie park. Jim Black said he agreed with Ms. Rennek about the results being tainted from a smear campaign. He urged Council to fence certain fields right away including Wilson, Park, Library field, Simms Property, and the Merr~orial Park softball field and said that putting a fenced dog park at Stevens Creek Park would be a waste of money since Cupertino residents wouldn't use it. Cathy Helgerson said that she was against off-leash areas in the places suggested, for safety reasons. David Fung said that this was the survey t>eople were asking for and the results were clear, showing a strong consensus against ~~ff--leash areas. He noted that regarding the issue of possible corruption of the results, people in this country are allowed to share their opinions and both sides sent flyers. He also noted that the parks the off-leash advocates December 15, 2009 Cupertino City Council Page 8 are now offering up as possibilities were already discussed by the citizens' group and eliminated from consideration. Santoro moved and Wong seconded to remove Stevens Creek County Park as an option for a fenced in dog park area. The motion carried with Chang voting no. Santoro moved and Wong seconded to try low cost fencing, water bowls, and nothing else elaborate in four different areas in the ~~ity. Mahoney made a friendly amendment to not decide on any specific areas but for staff f to come back in February with a report and recommendation on whether or not fenced-in dog areas would work in City parks. Santoro accepted the friendly amendment. The motion carried with Chang and Wang voting no. 18. Consider providing access to Blackberry Farm and Stevens Creek Corridor Trail from Scenic Circle. Written communications on this item included 36 emails in support, one email opposed, and one email asking about policy and procedure regarding access to Blackberry Farm from Scenic Circle. Parks and Recreation Director Mark Linder ~rnswered questions from Council. The following individuals supported opening; access from Scenic Circle: Bob Hoxsie Stewart Kelly Joe Walton Suman Ganapathy, Monta Vista PTA Deborah Jamison Anil Chillarige Subra Kumaraswamy Renuka Krishnan Anita Krishnan Judy Wilson Mrs. Hao Wang Jim Bodwin (distributed documentation) Carol Stanek Daniel Nguyen, Chair of Public Safety Comrnission (speaking on own behalf) Anne Ng, Board of Friends of the Stevens Creek Trail Nisha Kashyap Connor Donovan, student at Kennedy Middle School Phillip Pflager Leslie Fowler Norm Donovan Larry Dean December 15, 2009 Cupertino City Council Page 9 Their comments included: safety issues of walking and riding bikes on Stevens Creek and McClellan; environmental impacts must be considered if access is opened; safer route for kids getting to Monta Vista and Kennedy; shorter distance, less steep, wider, less traffic, and safer route for kids; gate path cost seems high and could be done for much less; supporters will undertake an education carripaign to let kids know they can use the route; integrate the park into the neighborhood. The following individuals opposed opening access from Scenic Circle: Max Bokelman (also speaking for Don Bautista) Steve Moody Larry Leo Iman Yuen (also speaking for Alice Bautist;~) Shani Kleinhaus Their comments included: trail, curb and gate would be placed less than 40 feet from residents front yard property; they were promised by City staff that the gate and bridge would only be used for maintenance and th.e gate would remain locked; opening the gate would disrupt the neighborhood; find out first what the usage of the gate would be; some people want to the gate opened only for co~ivenience in getting to the park; Scenic Circle is really not a safe route either and Blackb~:rry Farm is unsafe to pass through; there is a sharp, blind turn at Scenic Circle; Simms route is a nature preserve; focus resources on higher safety measures near schools and fix McClellan. Wong moved and Mahoney seconded to direct staff to come back in February with a safe, cost effective, alternative route and to put a. monetary placeholder in the mid-year budget adjustment. The motion carried unanimously. 19. Consider Council assignments for calendar year 2010. (No documentation in packet). Mayor Wang reviewed the county and regional committees list, and assigned Council members as representatives with the following change: Mahoney will be primary and Chang alternate to the Santa Clara Valley Water District Guadalupe/West Valley Committee. Wong will be primary and Mahoney alternate to the Santa Clara County Cities Association Legislative Committee. ORDINANCES 20. Conduct the second reading and enact Ordinance No. 09-2051: "An Ordinance of the Cupertino City Council rezoning two parce:~s of 0.6 gross acre located at the Easterl~de of Sterling Blvd. at the Easterly terminus of Barnhart Avenue from R1-7.5 (Single-Family Residential) to PR (Park & Recreation)." Mahoney moved and Wong seconded to re<<d the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. December 15, 2009 Cupertino City Council Page 10 Mahoney moved and Wong seconded to enact Ordinance No. 09-2051. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. 21. Conduct the second reading and enact 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." This is Apple~Inc. property located at 19310 - 19320 Prunerid,ge Avenue. Cathy Helgerson said she lives next to Apple's Research and Development facility and is concerned about the dust and mold that will be created when Apple moves in and begins to manufacture their prototypes. She said that Council needs to find a way to monitor those emissions especially since she already has respiratory problems and had cancer previously. She also said that she was upsf:t about how long the Council meetings were lasting, especially since this item didn't come up until very early in the morning. She asked Council to not vote for the rezoning t~~ light industrial. Mahoney moved and Wong seconded to re~id the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Wong seconded to enact Ordinance No. 09-2052. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS 22. Receive an update on Public Safety, Bicycle Pedestrian, Parks & Recreation, and Teen Commissions participation in safe alternate routes to school. City Manager David Knapp reviewed the st;~ff report. Council received the report and directed staff to bring back a report on the budget of each of the four commissions and how much ha:; actually been spent on safe alternative routes to school. Daniel Nguyen, Chair of the Public Safety Commission, answered a question about the commission's budget. COUNCIL REPORTS Council agreed to hold a study session on the Lehigh Cement Plant at 3:00 p.m. on January 12 with an off-site Team Building immediately afterward. Council also agreed to hold a study session on the Mary Avenue Senior Housing project at 3:00 p.m. on January 19 and to reserve the 20th at 6:45 p.m. in case the regular meeting goes beyond midnight. Council members highlighted the activities of their committees and various community events. December 15, 2009 Cupertino City Council Page 11 ADJOURNMENT At 2:23 a.m. on Wednesday, Dec. 16, the meeting vas adjourned in memory of Jah-Lih Lee. 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.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comca:ct Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.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.