04. Council draft minutesCUPERTINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular rdeeting
Tuesday, May 18, 201.0
ROLL CALL — 6:30 p.m.
At 6:30 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California.
Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: none.
At 6:30 p.m., Council recessed to a closed session.
CLOSED SESSION
1. Conference with Real Property Ne otg iato (Government Code 54956.8). Continued from
May 18:
a. Property: 10800 Torre Avenue, Cupertino, CA
b. Negotiator: Terry Greene
C. Negotiating parties: City of Cuper:ino and Streeter and Sons, dba Coffee Society
d. Under negotiation: Lease - Price and terms of payment
At 7:05 p.m. Council reconvened, and the Mayer announced that the City Council had given
direction to the real property negotiator.
PLEDGE OF ALLEGIANCE
CEREMONIAL MATTERS — PRESENTATIONS
2. Proclamation recognizing The Five Cheeses from Lawson Middle School for raising
community awareness on environmental issues. (No documentation in packet).
Mayor Wang presented the proclamation to The Five Cheeses, Janaye S., Mansi S.,
Shivani S., Sanika P., and Tanaya P. The group gave global team pins to the City Council
and staff.
Mayor Wang presented a proclamation recognizing Lincoln Elementary School's Destination
Imagination team, The Black and White Skunx, Alysha Agarwal, Amanda Hua, Justine lwata,
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May 18, 2010 Cupertino City Council
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Madeleine Park, Sithara Menon, for winning first place at the California State Finals and
representing California at the Global Finals in Knoxville, Tennessee.
3. Proclamation to Roseanne Macek for her service to the Cupertino Library. (No
documentation in packet). Continued from May 4.
Mayor Wang presented the proclamation to Ms. Macek. The new Community Librarian
Mark Fink introduced himself.
4. Proclamation to former Cupertino mayor Don Burnett for his years of service to the City
of Cupertino. (No documentation in packet).
Mayor Wang presented the proclamation to Mr. Burnett.
5. Proclamation recognizing May 16 -22 as Hepatitis B Awareness Week (No
documentation in packet).
Mayor Wang presented the proclamation to Daniel Ki.
6. Proclamation recognizing May as Foster Care Month (No documentation in packet).
Mayor Wang presented the proclamation to Sheri Wardle. Juliana Rocha, a social worker
from Santa Clara County, spoke on the need for people to participate in foster care. Call
299 -KIDS for more information.
7. Presentation on water quality by Sam Silva, a Water Quality Project Manager with Cal
Water (No documentation in packet).
Tarrah Henri, Manager of Water Quality for the California Water Service Company (aka
Cal Water), gave the presentation. She gave a brief history of Cal Water and noted that
the company provides water to approximately one -fourth of all Cupertino residents in the
the north and northeast parts, including most of Stevens Creek Blvd. and parts of De
Anza Blvd. and Homestead Rd. She explained that the water provided is a combination of
treated surface water from the Santa Clara Valley Water District and local groundwater
from wells that the company owns. She said to insure that the water meets or exceeds all
State and Federal standards, they conducted over 2,300 water samples last year; maintain
a real -time evaluation of operations through a Supervisory Control and Data Acquisition
system; and inspect their well sites, booster stations, and storage facilities daily and
weekly. She noted that the 2009 Water Quality Report is currently being sent out to
residents of Cupertino in the monthly water bills and is also available online at
www.calwater.com She answered questions from Council noting that the company has
22 active wells, four in the Cupertino area, and that no water provided to the residents
comes from the Stevens Creek Reservoir. Council received the report.
Cathy Helgerson said that she contacted Cal Water's lawyer with a list of things to test
and noted that the Stevens Creek Reservoir empties into the recharge pond behind 7 -11,
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May 18, 2010 Cupertino City Council Page 3
eventually going into the aquifer, and is pulled up through the wells. She said that the
water report given with the bill is only a very small portion of the report and that there are
many more pages of reports and tests that everyone has the right to look at. She said that
the Environmental Protection Agency (EPA) should be involved because the reservoir has
high levels of mercury and noted that she is working with Fish and Game and the
Regional Water Board to try and find out exactly what is in the water. She said she was
concerned that there hasn't been enough attention made to this and that the City should
start doing its own testing and ask the EPA, State, Regional, and Federal organizations to
get involved. She noted that said she would share the records with the Council as well as
other organizations as soon as she receives them.
Ms. Henri clarified that the State has guidance about what should be put in the Consumer
Confidence Report and noted that they are not supposed to put anything in the report that
was not detected, only compounds that were detected, and that's why the report is shorter.
POSTPONEMENTS
Mahoney moved and Wong seconded to postpone Item No. 21 to June 1 as requested by the
applicant. The motion carried unanimously.
WRITTEN COMMUNICATIONS
The Deputy City Clerk listed the written communications which were distributed to City
Council:
• Item No. 8, minutes - Amended page 7.
• Item No. 9, accounts payable - follow up questions
• Item No. 22, removal of a reciprocal access and parking easement - Staff Power Point
presentation
• Item No. 23, Community Development Block Program - Staff Power Point presentation.
• Item No. 24, Matrix management study - Records Request and correspondence from
Bern Steves asking Council to defer making any changes stemming from the report for at
least 3 months; Records Request and correspondence from Keith Murphy; Email from
Keith Murphy regarding Public Records Request; Email requesting continuance from
Marolyn Chow.
• Item No. 25, Election date change — emails from Patrick Kwok and Julie Lunn opposing
the date change, and email from Ignatius Ding regarding a complaint sent to Fair Political
Practices Commission.
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May 18, 2010 Cupertino City Council Page 4
ORAL COMMUNICATIONS
Keith Murphy noted that the staff report for Item No. 24 wasn't on the website. The Deputy City
Clerk noted that all agendas and staff reports are posted on the website in a timely manner and to
notify the City Clerk's office if something is missing.
Emma Wang noted that the table tennis program at the Cupertino Senior Center was suspended
on May 14 until further notice and asked Council to continue the program. She answered a
question from Council. City Manager Dave Knapp explained - what is happening with the
program and noted that the players would be getting together for a meeting to resolve an issue.
Joel Ledain talked about ping pong and said that he was told it was up to the group to find a
solution to their issue. He said that it would be easy to increase the amount of time or space to
play ping pong and he wanted staff to find a better solution.
Sherry Snow, Event Chair, for the 2010 American Cancer Society Relay for Life noted that the
event would take place on July 17 at 10:00 a.m. at De Anza College. She said the Relay for Life
raised $63,000 last year and the goal is $70,000 this year. She invited the Council and
community to participate.
Cathy Helgerson said that the State Water Resource Control Board and the EPA Region 9 would
not say what is in the water being polluted from the Lehigh Cement Plant and Permanente Creek
Quarry even though there is a pollution violation in process. She said that the public has a right to
know what is in the polluted water and she will continue to work with these state and federal
agencies to get this information. She noted that in 2008 the nitrogen oxide and sulfur dioxide
levels were way over the regulated amount and asked the City to get involved to work on these
standards.
CONSENT CALENDAR
Wong moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 8, 9, 13, 19 and 20 which were pulled for
discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
10. Adopt a resolution approving the destruction of records from the Code Enforcement and
Finance departments, Resolution No. 10 -095.
11. Adopt a resolution declaring brush growing on certain described properties to be a public
nuisance and set a hearing date of June 1 for objections to proposed removal, Resolution
No. 10 -096.
12. Authorize the West Valley Mayors and Managers Group to appoint the Southwest County
Agencies board member to the Silicon Valley Regional Interoperability Authority
(SVRIA) in order to improve communications in emergencies and on a day -to -day basis.
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May 18, 2010 Cupertino City Council Page 5
14. Accept a City Project performed under Contract for Homestead Road Rehabilitation
Project No. 2009 -05 (O'Grady Paving, Inc.).
The City's contractor, O'Grady Paving, Inc., has completed work on the Homestead Road
Rehabilitation Project. The work consisted of a surface overlay and concrete
improvements on Homestead Road between Mary Avenue and Franco Court.
15. Accept a City Project performed under Contract for Stevens Creek Corridor Park, Phase
1B, Project No. 2008 -9112 (Robert A. Bothman).
The City Contractor, Robert A. Bothmari, has completed work on the Stevens Creek -
Corridor Park Project, Phase IB. The work consisted of various improvements including
renovation of the existing park and picnic area, parking lot, new trail, kiosk and golf
course maintenance building and landscaping.
16. Accept a City Project performed under Contract for Civic Center Fountain
Upgrade Project No. 2008 -9421 (Pacific Water Art, Inc.).
The City Contractor, Pacific Water Art, Inc. has completed work on the Civic Center
Fountain Upgrade Project. The work consisted of the installation of an Ultraviolet
Sterilizing system in the existing fountain.
17. Adopt a Resolution approving a five-year Solid Waste Services Franchise Agreement
with Recology (formerly Los Altos Garbage) effective November 1, 2010, with an option
for a five -year extension by mutual agreement, Resolution No. 10 -097.
18. Accept the resignation of Parks and Recreation Commissioner Deborah Stephens Stauffer
and direct staff to advertise the vacancy.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
8. Approve the minutes from the May 4 City Council meeting as amended by the City Clerk.
Written communications for this item included an amended page 7.
Wong moved and Mahoney seconded to approve the minutes as amended by the City
Clerk to correct wording on page 7. The motion carried unanimously. '
9. Adopt resolutions accepting Accounts P43 for April 30 and May 7, Resolution Nos.
10 -093 and 10 -094.
Written communications for this item included a handout with answers to Council
follow -up questions.
Chang moved and Wong seconded to adopt Resolution Nos. 10 -093 and 10 -094. The
motion carried unanimously.
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May 18, 2010 Cupertino City Council
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13. Approval for the City Manager to submit an application to the League of American
Bicyclists for the award of a Bicycle Friendly Community status for the City of Cupertino
in the name of former Mayor Don Burnett for his years of service to the City.
Dolly Sandoval said that after leaving the City Council, she was appointed to the Policy
Advisory Committee for the Metropolitan Transit Commission (MTC). She noted that
each year they fill out applications for awards. This year, the MTC and the Cupertino
Public Works department are applying for an award for the Mary Avenue Bicycle and
Pedestrian Bridge for being an alternative transportation route, under former Council
member Don Burnett's name.
Michael Gottwald thanked Council for honoring Don Burnett.
Wong moved and Mahoney seconded to approve this item. The motion carried
unanimously.
19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Wei Shi and Xiaoyan Fang, 10108 Crescent Court APN 326 -17 -060, Resolution
No. 10 -098.
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.
Cathy Helgerson spoke regarding this item and Item No. 20. She said that she objects to
residents having to give up water rights under their homes. She asked if the City was
making money off of this when the water rights are given to the water companies. She
said she would like staff to clarify this issue.
The City Council earlier approved this item under "Consent Calendar ".
20. Adopt a resolution accepting a (Quitclaim Deed and Authorization for Underground Water
Rights, Vinod Varma and Shashi Varma, husband and wife, as community property with
right of survivorship, 1015 Kenmore Court, APN 362 -15 -035, Resolution No. 10 -099.
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.
The City Council earlier approved this item under "Consent Calendar ".
PUBLIC HEARINGS
21. Consider Application Nos. TM- 2010 -02 (EA- 2010 -01), Z- 2010 -01, V- 2010 -01, Pam
Yoshida (Richard Gregersen) 10642 North Portal Avenue APN Nos. 316 -25 -054, 316-
25 -047, 316 -25 -048 (continued from May 4). The applicant requested a continuance to
June 1:
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May 18, 2010 Cupertino City Council Page 7
a. Adopt a Mitigated Negative Declaration
b. Subdivide 0.618 acres into two :angle- family residential lots of approximately
11,737 and 13,982 gross square feet with an exception area of 1,211 square feet in
the City of Sunnyvale
C. Prezone and Rezone 0.028 acres :from the City of Sunnyvale to pre- R1 -7.5 and
0.590 acres to R1 -7.5
d. Variance to allow a lot width of 55 feet in an R -1 zoning district where 60 feet is
required
e. Conduct the first reading of Ordinance No. 10 -2059: "An Ordinance of the City
Council of the City of Cupertino approving the prezoning and rezoning of
approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of
Sunnyvale to pre- R1 -7.5 (Single - Family Residential, 7,500 square feet minimum
lot size), and a rezoning of 0.59 acre from Al -43 to R1 -7.5 for property located
north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 048)"
Under "Postponements," the City Council voted to continue this item to June 1.
22. Consider Modification (M- 2010 -01) to a Use Permit (14 -U -96) to remove an existing
reciprocal access and parking easement between an existing apartment complex (The
Hamptons and an existing industrial office property ( Apple, Inc .), Application No. M-
2010-01, James Fowler (The Irvine Co. &: Apple, Inc.), 19500, 19310 -19320 Pruneridge
Avenue, APNs 316 -06 -032, 316-06-037,316-06-050,316-06-051.
Written communications for this item included a staff PowerPoint presentation.
Senior Planner Aki Snelling reviewed the staff report.
Mayor Wang interrupted the staff report to hear a speaker for Item Nos. 19 and 20 from "Consent
Calendar" earlier.
Applicant Mike Foulkes said that the staff report was complete and he briefly reviewed
the application. He answered questions from Council.
At 8:28 p.m. Mayor Wang opened the public hearing.
Jennifer Griffin said that she liked the idea. of having the fire access go down the property
line. She also said that she wanted to be sere there was adequate parking for any possible
future redevelopment of the Hampton.
At 8:32 Mayor Wang closed the public hearing.
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May 18, 2010 Cupertino City Council Page 8
Mahoney moved and Wong seconded to approve the use permit modification M- 2010 -01
to remove the reciprocal access and parking easement. The motion carried unanimously.
23. Community Development Block Grant (CDBG) Program:
a. Conduct a public hearing to consider adoption of the (2010 -15) Community
Development Block Grant (CDBG) Consolidated Plan, Resolution No. 10 -100
b. Direct staff to dissolve the CDBG Steering Committee and amend Chapter 2.86 of
the Municipal Code to give the Housing Commission authority to make CDBG
funding and policy recommendations in the future
Written communications for this item included a staff PowerPoint presentation.
Senior Planner Vera Gil reviewed the staff report.
Mahoney moved and Chang seconded to adopt Resolution No. 10 -100. The motion
carried unanimously.
Mahoney moved and Chang seconded to direct staff to amend Chapter 2.86 of the
Municipal Code to expand the Housing Commission's responsibilities to include CDBG
oversight and to dissolve the CDBG Steering Committee. The motion carried with Wong
voting no.
Council recessed from 8:47 p.m. to 9:02 p.m.
24. Review the Matrix management study of the permit process Consider authorizing staff
to move forward with recommended process enhancements and ordinance amendments,
Application No. CP- 2010 -01, City of Cupertino, Citywide.
Written communications for this item included a records request and correspondence
from Bern Steves asking Council to defer making any changes stemming from the report
for at least 3 months; a records request and correspondence from Keith Murphy; email
from Keith Murphy regarding the public records request; email requesting continuance
from Marolyn Chow.
Associate Planner Piu Ghosh reviewed the staff report.
At 9:30 p.m. Mayor Wang opened the public hearing.
Marty Miller said that matrix report has many shortcomings but that there are also a lot of
good suggestions in the report to approve processes. He suggested that at least staff go
through the suggested improvements and prioritize them.
Jennifer Griffin said that the public has been shut out of this process for the past year and
that there has been no Citywide noticing on this topic. She said she was concerned that
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May 18, 2010 Cupertino Cily Council Page 9
the focus groups didn't include anyone living in Cupertino and that the residents should
be involved. She noted that she likes the way the noticing for development is done now
and not to change it. She also said that the Design Review Committee (DRC) is extremely
valuable.
Ruby Elbogen said that the best focus group was Main Street Cupertino because it was an
open process and many people came and participated. She noted that focus groups should
be made up of people who volunteer for the group and have gone through the process
rather than anonymous people. She urged Council to keep the DRC and to have more
public input rather than less.
At 9:38 p.m. Mayor Wang closed the public hearing.
Council directed staff to invite groups from the community to workshops in order to
discuss the permit process and left the Citywide noticing up to staff. Council also
concurred to authorize staff to obtain an accurate cost for software for an online
permitting system in the future.
Council recessed from 10:25 p.m. to 10:36 p.m.
UNFINISHED BUSINESS
25. Consider adopting an ordinance moving the date of the City's general municipal election
to consolidate it with the statewide general election commencing November 2012.
Conduct the first reading of Ordinance No. 10 -2061: "An Ordinance of the City Council
of the City of Cupertino moving the date of the City's general municipal election to
consolidate it with the statewide general election commencing November 2012."
Written communications for this item included emails from Patrick Kwok and Julie Lunn
opposing the date change, and an email from Ignatius Ding regarding a complaint sent to
the Fair Political Practices Commission.
Ignatius Ding said that it would be bad politics to change the date of the election and
noted that local issues would be lost if the election were changed to coincide with a State
election. He read a letter submitted to Council regarding the Fair Political Practices
Commission (FPPC) and cited a section from the Election Code.
City Attorney Carol Korade said that she read the FPPC letter and categorically, no
impropriety exists on Council's action tonight or back in March on this issue.
Jennifer Griffin said that she doesn't see any benefit for the future in changing the
election and asked to have a courtesy notice sent Citywide to inform residents of
Council's decision on this item.
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May 18, 2010 Cupertino City Council Page 10
Administrative Services Director Carol Atwood answered questions from Council
regarding cost.
Ruby Elbogen said that she has lived in other cities where this issue came up and found
that the more people who are involved in the democratic process the better, and that it
makes good sense to move the election.
Linda Sell, (also speaking on behalf of Jena Rajabally, Hoi Yung Poon, Sandy Liu, Karen
Rizkaut, and Christina Long) representing some Cupertino Union School District parents,
said that if Cupertino changes its election date then the District would bear the cost of the
whole election. She said that this would be a financial burden to the District especially
now when they are already having to cut costs. She said the leaders need to have voters
who understand and are educated about the local issues.
Alex Borjigin talked about a task force formed in Minnesota that studied changing the
election to odd years and the findings were: changing to even years would save the city
money but the savings were just a drop in the bucket; keeping the election in odd years
maintained local identity and created a mindset of civic responsibility; the cost of
campaigning was significantly less in odd years; moving to even years would force the
school districts to bear the cost alone or force them to change their election at a cost.
After looking at pros and cons, he noted that the task force recommended keeping the odd
year intact and the Council voted in favor.
David Fung said he was opposed to changing the election year. He said that the idea of
increasing voter participation is flawed and that the current schedule creates a more
informed electorate on local issues and candidates. He also said that maintaining the
current system would cost less for candidates.
Karen Rizkaut said that the District doesn't yet have any facts to decide if they would
want to change the election and it would cost them more money since they don't have
time to think about it.
Council took no action.
NEW BUSINESS
25. Authorize the City Manager to execute a new five -year lease with Jackie Streeter, the
owner of the Coffee Society at the Civic Center, with the terms approved by the City
Council during negotiation (continued from May 4).
City Manager Dave Knapp noted that this item would come back to Council at a later
date.
27. Authorize the City Manager to negotiate and execute the license agreement to allow the
Bay Area Air Quality Management District (BAAQMD) to place an air monitoring
station in Monta Vista Park for a minimum period of one year.
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May 18, 2010 Cupertino City Council Page 11
Cathy Helgerson said that the Environmental Protection Agency (EPA) isn't involved in
the testing in Santa Clara County and she thinks it should be. She said it was important to
get a clear picture of how the information would be calculated and to notify residents
about the testing as time goes on.
Santoro moved and Chang seconded to authorize the City Manager to negotiate and
execute the agreement for the air monitoring station. The motion carried unanimously.
ORDINANCES - None
STAFF REPORTS
28. Receive a report on the Pavement Management Program street conditions, and
preventative maintenance.
Senior Civil Engineer David Stillman reviewed the staff report.
Council received the report.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 12:20 a.m. on Wednesday, May 19, the meeting was adjourned, in memory of Saratoga City
Council member Suzi Nagpal, to Monday, May 24 at 5:30 p.m. for a budget study session,
Cupertino Community Hall, 10350 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.org
Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comca.st Channel 26 and AT &T U -verse Channel 99
and are available at your convenience at www.cu )ertino.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.
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