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CC 08-17-2010 \t/ 4, flSJ CUPERTINO APPROVED 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 2 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 & C'ompliance Schedule Attachments: General Fund Budget Report Attachments: Expenditure & Revenue Cha: is 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 3 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 4 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 5 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. 6 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 WayiLilac 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. 7 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 8 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 9 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. 10 Helpings TICC Fine Arts Bike Ped P &R Planning Housing Library Audit Public Safety Teen Recipient.!, Appropriate places for TICC N/A cell tower locations in parks Require art rather than in lieu fees/ Require Advertise Advertise Advertise Advertise Advertise Advertise Advertise distinguished Advertise distinguished higher % to distinguished distinguished distinguished distinguished distinguished distinguished Fine Arts N/A artist /Emerging artist artist /Emerging artist arts /Advertise artist /emerging artist artist /Emerging artist /emerging artist /Emerging artist /Emerging artist /Emerging programs programs distinguished programs artist programs artist programs artist programs artist programs artist programs artist /Emerging artist programs Bicycle transportation Bicycle transportation Bicycle Bicycle plan & make bike plan & make bike transportation plan transportation & make bike plan & make bike Bike Ped Safe route to school Safe route to school N/A mprovements/ Bicycle improvements/ Bicycle friendly community friendly community Safe route to school safe route to school Safe route to school improvements/ improvements/ status /Safe route to status /Safe route to Bicycle friendly Bicycle friendly school school community status community status /Safe route to /Safe route to Class offerings/ Park allocations in new Trail signage, esp. Helping hands - Social media Historical trail developments /Develop Park allocations in Library field - P&R along Stevens Creek N/A School safety cleanup parks/ initiative markers in Blackberry ment schedule & impact new developments possible parking Farm Trail on CIP School safety Identify ways to reduce Identify ways to vehicle traffic around reduce vehicle Planning N/A schools /Update on traffic around bicycle plan schools Help review CDBG Senior housing funds /Provide Affordable Housing Affordable housing Affordable housing Affordable housing parks /Affordable needs /Affordable N/A Affordable housing Affordable housing Affordable housing housing housing housing Libra Notify when have a big N/A A Lighted crosswalk ry event / at Torre Audit N/A Public N/A Safety Participation in Contacts @ schools Contacts @ schools Contacts @ schools Contacts © schools Contacts @ schools and Contacts @ schools Contacts @ schools Contacts @ schools disaster and business and business and business and business business and business and business and business preparedness community /Prizes community/Prizes for community /Prizes for community /Prizes for community/Prizes for community /Prizes community /Prizes community/Prizes workshops like Teen for Walk One Week Walk One Week Walk One Week Walk One Week Walk One Week for Walk One Week for Walk One Week for Walk One Week CERT /Contacts @ N/A • Program/ Banners on Program/ Banners on Program/ Banners on Program/ Banners on Program/ Banners on Program/ Banners Program/ Banners Program/ Banners schools and Stevens Creek & De Stevens Creek & De Stevens Creek & De Stevens Creek & De Stevens Creek & De on Stevens Creek & on Stevens Creek & on Stevens Creek & business Anza Blvd. Anza Anza Anza Anza De Anza De Anza De Anza community /Prizes for Walk One Week Recipients TICC Fine Arts Bike Ped P &R Planning Housing Library Audit Public Safety Teen Helping.l. Cell tower application/ Green TICC N/A building ordinance/ Vehicle Electronic media charging stations Art @ festivals /Art Additional art in in museum /Art in ID art opportunities for new library/ Distinguished Fine Arts Art on antennas N/A facilities /Fine Arts developments artist/ Emerging artist program programs Parking issues by Walk /bike to Bike & ped trails school Accommodate bike and ped providing better bike Walk /bike to Bike Ped N/A throughout City efforts /Bike access in new developments access /Alternate school efforts parks modes of access education /Walk One Week Shakespeare in the Park School safety School safety Safety around schools/ Walk /bike requirements in programs/ programs/ P &R Park -6 week course N/A offering to work new Walk/bike to Walk /bike to development work work Make announcements at Sufficient parks Affordable Planning Cell towers meetings for when developer N/A distinguished and market picks up housing emerging artists Review Housing Element in General Plan /Detailed listing of Housing available sites & appropriate N/A densities /Below market rate program /Adequate residential projects City Channel Display exhibits in Bike to library day- reduce auto Summer Alert pedestrian Library program about library/Endorse poet traffic/ Review bike transportation programs /Improve N/A hazards near Library teen library services laureate proposal plan parking @ library library center Answer financial questions/ IT Answer financial Answer financial Answer financial Answer financial Answer financial Answer financial Audit Answer financial questions Answer financial questions N/A security privacy questions questions questions questions questions questions issue Walk /bike to work and school ideas /Electronic tags on backpacks safety and education Public to track walkers /Safety programs Safety and N/A classes/ Safety around schools/ Volunteer crossing education classes guards /Addrress traffic issues like walk /bike to adding stop signs and speed bumps school Teen room programs Support alternative transportation Emerging artists and getting word Encourage Teen to school /Encourage wearing N/A publicizing helmets out /Material selection- wearing helmets books,software, etc.