Loading...
CC 03-02-10 fi _ 41.1 9 CUPERTINO APPROVED 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 January 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 lo 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. Sun 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 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.B. 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 seconded 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 o 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 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 16 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for February 12 and 19, Resolution Nos. 10 -037 and 10-038. 5. Adopt a resolution accepting Payroll for February 19, Resolution No. 10 -039. 6. Authorize the City Manager to execute an ,agreement with Macias, Gini and O'Connell to provide financial auditing services. 7. Adopt a resolution approving a Parcel Map, 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 and 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 Covenants 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 Support 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 Bay Area, a comprehensive residential single - family and multifamily building retrofit program, Resolution No. 10 -043. March 2, 2010 Cupertino City Council Page 4 11. Accept a report from the Planning Commission regarding the FY 2010 -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 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. He said that the City has other important things to do besides the dog park issue, such as traffic around the schools, solving the problem of overcrowding in the library, and the problem with vacant retail businesses. However he did suggest that a dog park could be part of the development plan for the new Apple campus 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. 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. 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" (Postpone 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 administrative 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. March 2, 2010 Cupertino City Council Page 8 ADJOURNMENT At 10:15 p.m., the meeting was adjourned. Kimberly Smith, /My 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 Comcast 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.