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04. Draft minutesCUPERTINO DRAFT PrIINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, February 23, 2010 ROLL CALL At 3:10 p.m. Mayor Kris Wang called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, Califbrnia, and led the Pledge of Allegiance. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang (3:12 p.m.), and Orrin Mahoney. Absent: Mark Santoro. ORAL COMMUNICATIONS Cathy Helgerson said that no one from the City had contacted her regarding the concerns she raised about water pollution in wells, creeks, anal ponds near the Stevens Creek Quarry and the Lehigh Cement Plant. She asked for private meetings with the City Manager and members of the City Council. She also said that three minutes wz s not enough time to speak at a meeting. Dr. William Walster said that the Council's work program priorities seemed to serve the interest of corporations rather than the residents and the environment. He noted that there have been 13 cities around the country that succeeded in getting major reductions in pollution from cement plants by working with the Environmental Prote.tion Agency and that Cupertino was not among them. He said it would be helpful to have timely, written, on -line responses to voters' questions, comments, and critiques when they speak at Council meetings because now there is no feedback at all. He noted that Palo Alto has taken Google up on its offer to put in high -speed fiber and wondered why Cupertino wasn't taking advantage of that opportunity that would benefit the residents. Mayor Wang asked other speakers wanting to speak under Oral Communications that they needed to wait until the study session since their comments were related to what was already on the agenda. STUDY SESSION 1. Conduct a study session regarding the Cit Council Work Program City Manager David Knapp highlighted the current Work Program. 4 -1 February 23, 2010 Cupertino City Council Page 2 Community Development Director Aarti Shrivastava reviewed the Major Developments section of the! Work Program. In the "comments" section, Council concurred to remove the country of origin of the investment company that bought the mall and the proposed theme. Public Works Director Ralph Qualls reviewed the Capital Improvements and Plans section of the Work Program. In the "project" section for the Sports Center Upgrade, Council concurred to remove language referring to a pool and bath house, but the pool cover project would remain in the "status" section. Finance Director David Woo reviewed the Organizational Improvements section of the Work Program. Council concurred to remove outdated information from item C regarding the Fiscal Strategic Plan. Captain Terry Calderone reviewed the Public Safety section of the Work Program. In the "comments" section of item C, number 2 regarding safe routes to school, Council concurred to change the expected construction date to 2011 and in the "comments" section of item C, No. 3, regarding pedestrian ramps, Council concurred to note that the project had been completed. Council asked staff to bring back a report regarding the School Resource Officers prior to the budget. Shrivastava reviewed the Housing and Economic Development/Redevelopment sections of the Work Program. Council asked questions on the rest of the Work Program sections without staff review first and no other changes were made. Ignatius Ding said that truck traffic is still an issue around west Stevens Creek and south Foothill and requested that Council install speed bumps in that area. He also asked Council to consider limiting the commercial traffic before 7 a.m. and after 7 p.m. on Stevens Creek west of Foothill and on Foothill south of Stevens Creek. He explained that the air in that area is very unhealthy due to the trucks. He suggested that Council ask the residents in the area around Monta Vista Park about the best place to put the monitoring station and asked that information regarding Lehigh and the monitoring station be added to the City's website. Karen Del Compare talked about pollution and noise from the quarry and cement plant trucks and noted that the trucks from Lehigh run 24 hours a day, which must be a violation of the City's noise ordinance. She asked Council to look into limiting the hours the trucks can run especially since the trucks would be taking the same route for the upcoming retention dam project. She said that in her experience with Santa Clara County and the Air District, if no one is watching they will do whatever Lehigh Cement tells them to do. Mayor Wang responded that the City Attorney is checking to see if the City can put regulations on the trucks. 4 -2 February 23, 2010 Cupertino City Council Page 3 Jennifer Griffin thanked Council for the creation of the Sterling Barnhart Park. She hoped another piece of land on the other side of Saratoga Creek called the Lawrence Mitty tract would be acquired soon and urged Council to keep it on the agenda. She said people are excited about this land and it would allow for safe routes to school. She also said she hopes the Main Street project would be built soon. Cathy Helgerson talked about the detention ponds and said that the water going into the aquifer isn't treated. She also said that Stevens Creek on the Stocklmeir property is being polluted by the. Lehigh plant and needs an environmental assessment, as does the Measurex property. She said that she w:)uld like the City to take charge and have more meetings with those who are concerned about these issues and would like staff and the City Council to get back with her about Ler concerns. Craig Lee recommended five new projects or variations of existing projects: 1. Start planning an upgrade of McClellan Road. from Byrne to Foothill Ave. from a bike route status to a bike lane status in order to improve safety along that route; 2. Start a joint City/Lehigh public task force to address, noise, traffic, speed, and debris disbursement, provide citizens with a venue for addressing their complaints and getting information, solicit support from Lehigh for engineering or education solutions to these problems, and encourage Lehigh to provide discipline to truckers who misbehave in the City; 3. Start a City /school task force to help the School District complete its suggested routes to school and help the City identify sidewalk and roadway improvements; 4. Establish a task force for communication purposes to o:rganize citizen complaints, and authorize communication for information from the County and other agencies; 5. Require on -site traffic plans for private schools and day care centers for drop off and retrieval of children before the school can receive a license. He also asked to have police and fire information added to the website, such as how to get graffiti removed in the City. Joyce Eden asked Council to send letter to the Bay Area Quality Management District asking for a single stack on the cement kiln in order to monitor emissions continuously, and to ask the Board of Directors to set rules and regulations that will significantly reduce pollution from the Lehigh kiln. She noted that the City can't rely on the upcoming ruling on mercury, hydrochloric acids, etc. because the cement companies are putting pressure on the Environmental Protection Agency to modify or weaken the rule. She explained that the Air District has the authority to implement the rule as 'proposed whether it's the final rule or not. Bill Almon from Quarry No said that the community has lost confidence in the Air District and hopes that the new trailer will actually analyze what is falling out of the air. He said he was concerned about the large hole that is being dug in the ground and allowed to expand because historically, cement plants and quarries eventually go bankrupt and become wards of the State, and that will probably occur here within 25 years. 4 -3 February 23, 2010 Cupertino City Council Page 4 Mayor Wang explained the steps the City is taking to help address the residents' concerns including holding a study session on the Lehigh plant in January and putting those presentations on the website, having the City Attorney look into the possibility of limiting truck traffic and hours, putting in a new monitoring device at the Monta Vista Recreation Center, and putting in a detention pond to help with dust. She said the City is waiting for the Air District's report regarding the new Title V standards. The City Council listed their wish list items to be added to the work program or the budget and will be brought back at the next Council meeting. ADJOURNMENT At 6:05 p.m. the meeting was adjourned to Tuesday, March 2 at 6:00 p.m. for Housing Commission interviews, City Hail Conference Room A, 10300 Torre Avenue. 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 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.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. 4 -4 CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 2, 2010 ROLL CALL At 6:08 p.m. Mayor Kris Wang called the regular meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong (6:09), and Council members Barry Chang, and Orrin Mahoney. Absent: Mark Santoro. INTERVIEWS 1. Conduct interviews for the Housing_Commission Council members interviewed and appointed Mr. Jimmy Chien to the Housing Commission for a full term ending Januxy 2014. He was appointed to fill the Financial Representative category, which requires that the appointee be a representative or an employee of a Cupertino financial institution. RECESS — The Council was in recess from 6:25 to 6:53 p.m. PLEDGE OF ALLEGIANCE At 6:53 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and Cub Scouts from Den #7 led the Pledge of Allegiance. 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 2. Proclamation recognizing Anthony J. Su n for being one of the chosen candidates for the 2010 Presidential Scholars Program (No documentation in packet). Mayor Wang noted that 3,000 high school seniors had been selected nationwide for this prestigious scholars program. Ultimately one male and one female student would be 4 -5 March 2, 2010 Cupertino City Council Page 2 selected from each state. Mr. Sun was chosen based on his leadership qualities, academic achievements, high testing scores, hard work and dedication. Mayor Wang commended Mr. Sun for these accomplishments. 2.A. Mayor Wang announced that the City of Cupertino and Acterra had joined together to provide a free two -part training program on March 11 and March 18 to teach residents how to perform home energy audits and install basic energy saving devices. Once trained, volunteers will make scheduled house calls that are free to Cupertino residents. Anyone interested in becoming a volunteer should visit Acterra's website. 2.13. Mayor Wang encouraged all residents to participate in the 2010 Census. A brief videotape of President Barack Obama was shown on this topic. POSTPONEMENTS City Clerk Kimberly Smith said that item Nos. 7 and 8 were pulled from this agenda because the documents needed to be revised. They will be put back on the agenda as soon as they are available. She also said that that item No. 16 was postponed to March 16 to allow time to properly format the Heart of the City Specific Plan document. Wong moved and Mahoney moved to pull items 7 and 8, and to continue item No. 16 to March 16. The motion carried unanimously. WRITTEN COMMUNICATIONS The City Clerk distributed the following written communications: • An excerpt from the Feb. 2010 issue of Western City. Magazine highlighting the Mary Avenue Bicycle Footbridge as an example of innovating thinking to solve a budget shortfall (staff reports) • Amendment to page 8, last paragraph, of the February 16 minutes • And the following items for Agenda Item No. 13 o A handout of aerial photographs of City parks o A copy of the staff report with color photographs 0 14 emails and letters regarding the dog park, from David Fung, Eleanor Muhlstein, Victor Hung, James Black, Suzanne Abecket, Sharad Kikreti, Kenji Gonzales, Pou Lin, John Woolfolk, Lynn Frake, Maria Ludwikow, Premika Ratnam, Li -Lin Kuo, Milan and Amit Bhardwaj, Judy Klinger, and David Klinger. ORAL COMMUNICATIONS - None 4 -6 March 2, 2010 Cupertino City Council Page 3 CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 12, which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Approve the minutes from the February J.6 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for February 12 and 19, Resolution Nos. 10 -037 and 10 -038. Adopt a resolution accepting Payroll for February 19, Resolution No. 10 -039. 6. Authorize the City Manager to execute are agreement with Macias, Gini and O'Connell to provide financial auditing services 7. Adopt a resolution approving a Parcel Man Modena Investment, L.P., a California Limited Partnership, and Sunnyvale Holding, LLC, a California Limited Liability Company, tenants -in- common, 21255 Stevens Creek Boulevard (Cupertino Oaks), APN 326 -27 -035, Resolution No. 10 -040. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Under "Postponements," Wong moved a:ad Mahoney moved to pull this item. The motion carried unanimously. 8. Adopt a resolution approving a Declaration of Covenants, Conditions and Restrictions and Establishment of Easements Affecting Land, a Deferred Improvement Agreement and a Declaration of Restrictive Cove Zants between the City of Cupertino, Modena Investment, LP, and Sunnyvale Holding, LLC, 21255 Stevens Creek Boulevard (Cupertino Oaks APN 326 -27 -035, Resolution No. 10 -041. Through these agreements and declarations, the owners agree to the terms and restrictions set forth by the City of Cupertino for the subdivision of an 8.1 acre parcel into two parcels of approximately 2.6 acres and 5.5 acres. Under "Postponements," Wong moved and Mahoney moved to pull this item. The motion carried unanimously. 9. Adopt a resolution affirming Local S port for the Jobs for Main Street Act of 2010 Funding, authorizing the filing of an application for Jobs for Main Street Act of 2010 Funding, and stating the assurance to complete the project, Resolution No. 10 -042. 10. Adopt a resolution authorizing the City of Cupertino to join the Association of Bay Area Governments' Retrofit Ba y Are a comprehensive residential single - family and multifamily building retrofit program, Resolution No. 10 -043. 4 -7 March 2, 2010 Cupertino City Council Page 4 11. Accept a report from the Planning Commission regarding the FY 201 0- 11 Work Program ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 12. Adopt a resolution supporting adequate funding for California Community Colleges Resolution No. 10 -044. Robin Claassen distributed information to the Council on the March 4 Day of Action, an event covering the entire state to bring attention to the negative fiscal impacts on the education system. Locally, a march was scheduled from DeAnza College to City Hall at 1:30 p.m. on March 4, and he invited Council Members to attend. Keith Hubbard reiterated that it would be a privilege if Council Members attended this worthwhile event. Wong moved and Mahoney seconded to adopt a resolution supporting adequate funding for California Community Colleges, Resolution No. 10 -044. The motion carried unanimously. PUBLIC HEARINGS - None UNFINISHED BUSINESS 13. Receive a report on possible locations for fenced -in dog areas in Cupertino and provide direction to staff. Parks and Recreation Director Mark Linder noted that at the December 15 Council Meeting Council directed staff to return with a report on whether or not fenced -in dog areas would work in City parks. The report before Council listed the City parks, the pros and cons relative to each park, and the estimated costs involved. The following individuals addressed the Council in opposition to fenced dog parks in the city: Judy Harrison (her remarks were read by Ardith West as Ms. Harrison had laryngitis), David Fung, Ardith West, Robert Kroeger, Runping Qi, Jessie Zhang, Dave Klinger, Judy Klinger, Liz Larsen and Kuo -Lon Soong. They stated that in the surveys conducted by Council in 2009, over 70% of respondents stated they did not want unleashed dog parks in their neighborhoods. It was a waste of time and money for the Council to continue these discussions, and neighboring dog parks were currently available for use. In addition, comments were made that the majority of dogs in the city were not licensed and more education was needed in this area, along with a stricter enforcement of the laws and higher fines put in place. The following spoke in favor of fenced -in dog areas: Stuart Chessen, Carol Miller, Betsy Dougherty, Jim Black and Deborah Hill. They stated the residents needed an area in which they could legally run their dogs. They urged Council to move forward in a 4 -8 March 2, 2010 Cupertino City Council Page 5 positive direction, to begin a trial period and then get feedback. It was noted the Mary Avenue location seemed a good one and the library field was already fenced. Specifics regarding hours, costs, etc. could be determined once Council gave direction to staff to proceed at this level. Jennifer Griffin had empathy for both sides but noted that the park listed at Lawrence Expressway was not in the city and rent would have to be paid if this site was chosen.. In addition there was quite a bit of debris on this site and there was no parking. She suggested the best location for a dog park: would be at Stevens Creek County Park. Councilmember Mahoney did not think a dog park should go in any existing public park. He suggested exploring the Mary Avenue option, including more information on fencing and surfaces. Vice -Mayor Wong favored the Mary Avenue site with the library field being a possible second location. Council Member Santoro stated that safety and fairness of use of public spaces were two important aspects of this issue. He noted that there were approximately 9,000 dog owners in the city but there were also those who had real safety concerns about dogs running loose, and the best compromise would be a place where dog owners could legally run their dogs. He thought more than one location was needed because it would spread the number of visitors more evenly over the city, and he suggested a separate area of the dog park for small dogs. He discussed the possibility of using the library field for dog park use, especially if it were going to be fenced for another purpose too, and also possibly using two of the Little League fields at Wilson Park. Santoro noted that he had evidence of abuse of the system used to answer the surveys, including voting more than once and misguiding the voters. Council Member Chang stated that this issue was very divisive and not good for the community. The city was facing a shortfall of $3.5 million and should not be spending money on this matter. However he did suggest that a dog park could be part of the development plan for the new Apple car.npus or the Main Street project. Additionally he felt strongly that for health reasons if a dog park was put in place it was important to have a dog fountain as opposed to shared water bowls. Mayor Wang referred to the suggestion to use Wilson Park and noted that there would be additional clean up costs when Little League was playing. She recommended addressing the issue of dog parks when the budget. was discussed. She also noted that the survey focused on unfenced dog parks not fenced ones. Chang moved to put the dog park issue aside until money was available or until it could be incorporated into a new park. There was no second to the motion. 4 -9 March 2, 2010 Cupertino City Council Page 6 Mahoney moved and Wong seconded to direct staff to investigate the Mary Avenue site for a fenced dog park for a 9 -month trial; to bring back more detail about the site, including various alternatives such as permanent versus temporary fencing, an interim or a long -term surface, or an artificial or a natural surface; and notify the Mary Avenue neighborhood in a 1000 -foot radius around the site when the matter will come back before the City Council. Staff was also directed to bring back an estimate for permanent fencing around the entire library field. The motion carried 3 to 2 with Chang and Wang voting no. Mayor Wang asked for clarification from the Council that the issue of unfenced dog parks would not be raised again, and furthermore that the only two sites for suggested fenced dog parks were the ones stated in the approved motion. She believed Council had a responsibility to give a clear opinion on this issue so that residents were not continually concerned and coming back to the meetings. Council Member Mahoney stated that he did not want to consider unfenced locations again, or to consider dog parks in any existing parks, with the possible exception of the library field at some time in the future. Vice Mayor Wong stated he was comfortable with the Mary Avenue site and possibly the library field. He also agreed with the suggestion of considering such a park in new developments. Mayor Wang and Councilmember Mahoney stated they were not supportive of dog parks in new developments. Councilmember Chang stated that he was not open to discussing dog parks at all because of the budget situation. Council Member Santoro stated that the Council had made its decision and should move forward with the meeting. NEW BUSINESS 14. Consider changing the mandatory waiting period before commissioners can apply for the same commission or committee. Jennifer Griffin stated that a waiting period of one or two years was sufficient. Wong moved and Mahoney seconded to change the mandatory waiting period to two years past the date when their last term would have normally ended. The motion carried unanimously. 4 -10 March 2, 2010 Cupertino City Council Page 7 15. Select a date for the Teen Commission interviews (staff suggests Tues., May 25 beginning at 3:30 p.m.). Council unanimously agreed to set a deadline of May 14 for applications, and to hold interviews beginning on May 25 at 3:30, and continuing on May 26 at 3:30 if necessary. ORDINANCES 16. Conduct the second reading of Ordinance No. 10 -2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan" Post one to March 16 to allow time to properly format the Heart of the City Specific Plan). Under "Postponements," Wong moved and Mahoney moved to continue this time to March 16. The motion carried unanimously. 17. Conduct the second reading of Ordinance No. 10 -2054: "An Ordinance of the City Council of the City of Cupertino adopting Section 1.18.040 of the Cupertino Municipal Code regarding exhaustion of administr remedies with respect to claims against the City." Mahoney moved and Wong seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Wong seconded to enact Ordinance No. 10 -2054. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS City Manager David Knapp noted that in the recent League of California Cities Western Cities magazine there was an article on the Mary Avenue Bridge which included the following statement: `The Mary Avenue Bicycle Footbridge offers an outstanding example of how city and county leaders used innovative thinking to solve what appeared to be an insurmountable budget shortfall on a proposed public works project'. Mr. Knapp also referred to a city brochure which included a list of the many awards and recognitions this project had received. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. The City Council agreed to conduct a review of the City Manager David Knapp on Wednesday, March 17, from 5:30 to 8:30. 4 -11 March 2, 2010 Cupertino City Council ADJOURNMENT At 10:15 p.m., the meeting was adjourned. Kimberly Smith, City Clerk Page 8 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.orjz 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.cupertino.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. 4 -12