102-August 17 draft minutes.pdf
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, August 17, 2010
ROLL CALL
At 5:00 p.m. Mayor Kris Wang called the regular adjourned meeting to order in the Cupertino
Room at the Quinlan Community Center, 10185 N. Stelling Road, Cupertino, California.
Present: Mayor Kris Wang, Vice Mayor Gilbert Wong (left the meeting at 5:20 p.m.), and
Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none.
1.Subject: Commission reports to Council (order was determined by random drawing):
Technology, Information, and Communications Commission
Fine Arts Commission
Bicycle Pedestrian Commission
Parks and Recreation Commission
Planning Commission
Housing Commission
Library Commission
Audit Committee
Public Safety Commission
Teen Commission
Recommended Action: Receive reports.
Description: A representative from each commission and committee gave an overview of
the projects or responsibilities that their group could both contribute to other
commissions and receive help from other commissions. Attached to the minutes is a
matrix outlining the results of the joint meeting.
Action: Mayor Wang invited all the commissioners to the Commission Appreciation
Dinner on Sept. 23 at 6:00 p.m.
RECESS - At 6:22 p.m. the City Council recessed and the Commissions and Committees
adjourned.
CLOSED SESSION - none
PLEDGE OF ALLEGIANCE
At 6:53 p.m. Mayor Kris Wang called the meeting back to order in the Council Chamber, 10350
Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
August 17, 2010 Cupertino City Council
ROLL CALL
Present: Mayor Kris Wang, Vice Mayor Gilbert Wong, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: none.
CEREMONIAL MATTERS – PRESENTATIONS
2.Subject: Neighborhood Watch drawing for National Night Out.
Recommended Action
: Winner receives Ride-Along with Sheriff.
Each Council member drew a name and the following five neighborhood representatives
were chosen:
Srikala Munamala, South Stelling Road
Wynne Dobyns, De Anza Oaks
Wendell (Bill) and Sharon Kerr, Sunderland Drive
Richard Whittington, Stanford Place
Soly Retter, Newcastle Drive
POSTPONEMENTS - none
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed amended staff reports for Item Nos. 16, 17, and 22.
ORAL COMMUNICATIONS
Lin Jiang talked about fences and driveway gates in his neighborhood.He showed photos of
existing electric and non-electric fences and driveway gates, comparing the differences in
appearance between old, non-conforming fences and the newer fences and driveway gates. He
cited increased safety and theft deterrence as a reason for the newer fences and driveway gates.
An item discussing this issue will be on the Sept. 7 agenda.
CONSENT CALENDAR
Wong moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 16, 17 and 18 which were pulled for discussion.
Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
3.Subject: Accounts Payable for period ending July 30, 2010.
Recommended Action: Adopt resolution.
Attachments:Draft Resolution
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August 17, 2010 Cupertino City Council
4.Subject: Accounts Payable for period ending August 6, 2010.
Recommended Action: Adopt Resolution.
Attachments:Draft Resolution
5.Subject
: Payroll for period ending August 6, 2010.
Recommended Action: Adopt Resolution.
Attachments:Draft Resolution
6.Subject
: Treasurer's Investment and Budget Report for quarter ending June 2010.
Recommended Action: Accept report.
Attachments:Staff Report
Attachments:Investment Portfolio
Attachments:Pie/Rate of Return Chart & Compliance Schedule
Attachments:General Fund Budget Report
Attachments:Expenditure & Revenue Charts
7.Subject: Alcoholic Beverage License, 7 Eleven Store, 21220 Homestead Rd.
Recommended Action: Approve application for Off-Sale Beer & Wine License.
Attachments:Staff Report
Attachments:Department of Alcoholic Beverage Control Application
8.Subject: Alcoholic Beverage License, Moshi Moshi Japanese Restaurant, 10831 North
Wolfe Rd.
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place.
Attachments:Staff Report
Attachments:Department of Alcoholic Beverage Control Application
9.Subject: Alcoholic Beverage License, Smoke Eater Hot Wings, 10650 S De Anza Blvd.
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place.
Attachments:Staff Report
Attachments:Department of Alcoholic Beverage Control Application
10.Subject: Revised Conflict of Interest Code for City officials and designated employees.
Recommended Action: Adopt resolution.
Attachments:Draft Resolution
11.Subject: Grant of Easement for Roadway Purposes, 21914 Hermosa Avenue.
Recommended Action: Adopt Resolution.
Attachments:Grant of Easement
Attachments:Draft Resolution
Attachments:Map
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August 17, 2010 Cupertino City Council
12.Subject: Grant of Easement to Pac Bell Telephone Company for relocated facilities at the
Mary Avenue Bicycle Footbridge.
Recommended Action: Adopt Resolution.
Attachments:Staff Report
Attachments:Resolution
Attachments:Grant of Easement
13.Subject
: Quitclaim Deed and Authorization for Underground Water Rights, 21914
Hermosa Avenue.
Recommended Action: Adopt Resolution.
Attachments:Quitclaim Deed
Attachments:Draft Resolution
Attachments:Map
14.Subject: Public Improvement Agreement, 21914 Hermosa Avenue.
Recommended Action: Adopt Resolution.
Attachments:Improvement Agreement
Attachments:Draft Resolution
Attachments:Map
15.Subject: Improvement Agreement, 10231 Amelia Court.
Recommended Action: Adopt Resolution.
Attachments:Improvement Agreement
Attachments:Draft Resolution
Attachments:Map
19.Subject: Stormwater Management Facilities Operation and Maintenance Agreement,
10231 Amelia Court.
Recommended Action: Adopt Resolution.
Attachments:Operation Maintenance Agreement
Attachments:Resolution
Attachments:Map
20.Subject: Resignation of Public Safety Commissioner Charles Caldwell.
Recommended Action: Accept resignation and direct staff to recruit to fill vacancy.
Attachments:Resignation letter
21.Subject: Revise Administrative Procedures related to Expense Reimbursement and
Advance Payment by elected or appointed officials.
Recommended Action: 1) Add Cupertino American Cancer Society to approved list of
reimbursable fundraisers; 2) Eliminate pre-approval of International Travel, but limit
total annual expenditures to $2,500.
Attachments:Staff Report
Attachments:Administrative Procedures
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August 17, 2010 Cupertino City Council
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
16.Subject: 2010 Pavement Maintenance Project, Project #2010-04.
Recommended Action: Award Contract.
Description: Review bids and award the contract for the 2010 Pavement Maintenance
Project, Project No. 2010-04 to the lowest, qualified bidder contingent on staff providing
the results of the bid opening at the meeting.
Attachments:Staff Report
Attachments
:Street List
Attachments:Map
Discussion: An amended staff report was distributed as written communication for this
item.
Assistant Public Works Director Glenn Goepfert reviewed the amended staff report and
noted the results from the bid opening earlier in the afternoon.
Councilmember Chang asked questions regarding the legal bid process. The City
Attorney said that she would provide a written, legal opinion regarding the process and
the possibility of keeping the engineer’s estimate and contingency estimate private. The
City Manager said that he would provide information regarding how other entities handle
the bid process.
Action: Santoro moved and Mahoney seconded award the contract. The motion carried
with Chang voting no.
17.Subject: Reconstruction of Curbs, Gutters, and Sidewalks.
Recommended Action: Award Contract.
Description: Review bids and award the contract for the Reconstruction of Curbs, Gutters
and Sidewalks, Project No. 2010-05 to the lowest, qualified bidder contingent on staff
providing the results of the bid opening at the meeting.
Attachments:Staff Report
Discussion: An amended staff report was distributed as written communication for this
item.
Assistant Public Works Director Glenn Goepfert reviewed the amended staff report and
noted the results from the bid opening earlier in the afternoon. He corrected the total bid
on the staff report to be $649,940.00.
Action: Santoro moved and Mahoney seconded award the contract. The motion carried
with Chang voting no.
18.Subject: Stormwater Management Facility Easement Agreement, 10231 Amelia Court.
Recommended Action: Adopt Resolution.
Attachments:Easement Agreement
Attachments:Draft Resolution
Attachments:Map
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August 17, 2010 Cupertino City Council
Action: Councilmember Santoro asked a question regarding the easement. Santoro
moved and Wong seconded to adopt the resolution. The motion carried unanimously.
PUBLIC HEARINGS
UNFINISHED BUSINESS
NEW BUSINESS
22.Subject: Agreement with Fremont Union High School District and Cupertino Union
School District regarding traffic congestion and safety in the area near Monta Vista High
School, Lincoln Elementary School and Kennedy Middle School.
Recommended Action: Authorize City Manager to negotiate and execute agreement.
Attachments:Staff Report
Attachments:A. Study by Hexagon Transportation Consultants, Inc.
Attachments:B. List of meeting participants
Discussion: An amended staff report was distributed as written communication for this
item.
Parks and Recreation Director Mark Linder reviewed the staff report.
Captain Terry Calderone answered questions from Council.
Michael Gottwald suggested putting in speed bumps, checking how fast people drive
around the schools, and reducing the speed in order to make it safer for kids to walk/bike
to school.
Craig Lee urged Council to proceed with the four-month proposed study, regardless of
how negotiations turn out, since the data is worth regarding the viability of having a
crossing guard and deputy over the long term. He also wondered about the best way to
determining the priority for crossing guards and where else in the City they might be
needed, such as Garden Gate, Stelling, and Rainbow Drive. He noted that he is a member
of the Public Safety Commission, and the Commission wasn’t notified about this study
nor asked for any input.
Parks and Recreation Director Mark Linder explained that the commissions were not
notified because of the urgency to put this item on the agenda before the start of school
season. He said that he would notify the commissions with the results and request input
before the item comes back to Council. He noted that the study was funded completely by
the Fremont Union High School District.
Council directed staff to: 1) Have the Public Safety Commission take on the school
crossing guard volunteer program and use the Sherriff’s office to train the volunteers; 2)
Invite the Public Safety and Teen Commissions to evaluate the pilot program and offer
recommendations for its continuation; 3) Include the agreement in Items of Interest
before it is executed.
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August 17, 2010 Cupertino City Council
Action: Santoro moved and Chang seconded to authorize the City Manager to negotiate
and execute an agreement with the School Districts, and to add staggered school times
and the Walk/Bike/Carpool to School program to the list of items to be negotiated. The
motion carried unanimously.
23.Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way at
Rose Blossom Drive.
Recommended Action: Conduct first reading of ordinance.
Description
: An ordinance of the City Council of the City of Cupertino amending Section
11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop
required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive.
Attachments:Staff Report
Attachments:Draft Ordinance
Attachments:Map
Discussion: Assistant Public Works Director Glenn Goepfert reviewed the staff report.
The Deputy City Clerk read the title of the ordinance. Wong moved and Mahoney
seconded to read the ordinance by title only, and that the City Clerk’s reading would
constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.
Noes: None. Abstain: None.
Council recessed from 8:09 p.m. to 8:15 p.m.
24.Subject: Discuss Commission recommendations from joint meeting.
Discussion: Council and commission representatives discussed questions and any
objections that came out of the joint meeting held earlier in the evening.
Andy Radle from the Technology, Information, and Communications Commission
(TICC) said that they could help the Planning Commission with buying software to
encourage energy savings.
Darcy Paul from the Parks and Recreation Commission said that they could help the
TICC regarding locating cell towers in City parks, and would include this in the
Commission’s work plan, in addition to sending a representative to one of the TICC
meetings.
Councilmember Mahoney spoke for the Fine Arts Commission, noting that they asked
Council to reevaluate the percent for art funding and to have the FAC participate early
with the Planning Commission on new developments before approval by Council.
Mark Fantozzi from the Bicycle Pedestrian Commission said that their main issues were
the status of bike to school efforts, the Bicycle Friendly Community status and timing,
and bike parking at schools and other public facilities which are all are interrelated and
connected to the Bicycle Friendly Community status. Council suggested that the
Commission work with Clinton Brownley as a liaison with the Cupertino Union School
District to focus on bike/pedestrian access to the schools.
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August 17, 2010 Cupertino City Council
Ron Miller from the Library Commission noted that they also mentioned the idea of Bike
to Library Day and that there are no obvious corridors to ride bikes to the library campus.
He wondered whether the parking rack was sufficient for additional bike traffic.
Cupertino Librarian Mark Fink responded to the suggestion from the Parks and
Recreation Commission to having a book drop-off in City parks. He said that a barrier to
having different drop-off locations is the volume of items the Library receives every day
and that a shipping schedule would be very resource intensive. He said that they would
explore the idea and look into some possible solutions. Council suggested advertising that
people can drop off their books and media to any County library even though they
checked them out at a specific branch.
Related to the Planning Commission suggestions, Jennifer Griffin said she was on the
North Vallco Master Plan Task Force and explained that representatives from HP and
Apple were there and spent $50,000 on a consultant. She noted that the group had a very
thorough public process and that the plan has been studied enough.
Action: Council directed staff to agendize the North Vallco Master Plan for discussion
and direction to the Planning Commission for its review.
Discussion: The City Council discussed the Below Market Rate (BMR) program.
Jennifer Griffin said that she was concerned about the possibility of Council disbanding
or relaxing the requirements of the BMR program and compromising affordable housing
units for parks. She noted that the public needs to be involved if any changes are made.
Councilmember Santoro explained how the Audit Committee selected the audit firm and
also the investment portfolio.
Daniel Nguyen from the Public Safety Commission talked about fire, sheriff services, and
emergency preparedness all being within the commission’s purview and monthly reports
are received from each group.
Captain Terry Calderone noted that in addition to the reports provided, the Public Safety
Commission also discusses public outreach and their objectives, such as behaviors to
reduce victimization and identity theft, as well as reporting statistics, trends, etc.
Council asked the Public Safety Commission to not just focus on traffic and congestion,
but also look at crime rates and disaster preparedness; to work with staff on writing
monthly topics on issues such as identity theft and crime prevention; and mention the
alertscc.com program where residents can register a phone number to be called in case of
any emergencies in their area.
Craig Lee from the Public Safety Commission said that he doesn’t believe there is
enough expectation from the City Council for the commission to accomplish projects. He
suggested that the Council insist that the commission provide a work plan consistent with
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August 17, 2010 Cupertino City Council
the Council work plan and that staff be required to pass appropriate issues by the
commission for its input before the issues come to Council. He also suggested that one of
the questions commission candidates should be asked in their interview is how much time
beyond attending the meetings they would be willing to participate in public safety
projects. Mayor Wang encouraged the commission to make up its own work plan,
prioritizing what it wants to accomplish, and then ask Council for support.
Lauren Phillips from the Teen Commission responded to a question from Council
regarding any incentive programs that the Commission has encourage walking/biking to
school. She said that she hopes to do a program twice in the school year (fall and spring)
where each school campus would find what works best for them and make it unique
enough to get both the adults and kids excited. Councilmember Santoro suggested that
the Commission make a list of any particular issues that would impede kids in walking or
biking to school and give that list to the appropriate commission.
Mayor Wang thanked the commissions for their input and encouraged the liaisons from
each commission to connect with each other, and to also use the monthly Mayor’s
meeting as a way to get help.
ORDINANCES - none
STAFF REPORTS
City Manager Dave Knapp said that the Sterling Barnhart Park had opened and the ribbon
cutting would be Saturday at 10:00 a.m.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 10:27 p.m. the meeting was adjourned to September 7 at 4:00 p.m. for Parks & Recreation
Commission and Fine Arts Commission interviews, City Hall 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.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
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August 17, 2010 Cupertino City Council
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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