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CC 09-21-2010 „„, 19, CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, September 21, 2010 ROLL CALL At 5:30 p.m., Mayor Kris Wang called the regular meeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. INTERVIEWS 1. Subject: Public Safety Commission interviews Recommended Action: Appoint one applicant to a partial term ending Jan. 2012 Action: The City Council interviewed Clinton Brownley, Andy Huang, Stephen Hsieh and Fari Aberg and concurred to appoint Andy Huang to a partial term ending Jan., 2012. RECESS — The meeting recessed from 6:42 p.m. lo 6:55 p.m. CLOSED SESSION - None PLEDGE OF ALLEGIANCE — 6:55 p.m. Council Chamber At 6:55 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. A moment of silence was held for former mayor Don Burnett. 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: Presentation by Santa Clara Valley Water District regarding Permanente Creek Detention Pond project Recommended Action: Receive presentation Description: Upcoming workshop with Rancho San Antonio neighbors September 21, 2010 Cupertino City Council Page 2 Discussion: Director Patrick Kwok, representing District 5 of the Santa Clara Valley Water District, explained that the two goals of the Permanente Creek Flood Protection Project are to protect the community from flooding and to improve the natural environment and habitat for creeks. He noted that the project was funded by Measure B that was approved by residents in 2000 and is good for 15 years. He said that the District would be sure to involve City staff and residents during the construction phase, especially regarding noise and traffic. He commented that the City Council had expressed concern regarding the upkeep of the McClellan recharge ponds and he explained that the District had looked into the issue and the facility looks great. Mr. Saeid Hosseini, Senior Project Manager for the project that spans from Rancho San Antonio Park through Mtn. View, noted that this was the 4th update to the City Council. He made a PowerPoint presentation highlighting the following: 1) Project goals; 2) Proposed project; 3) McKelvey Park conceptual plan; 4) Cuesta Park Annex conceptual design; 5) Blach School conceptual plan; 6) Rancho San Antonio Park flood detention area; 7) Project schedule; 8) Next steps. He answered questions from Council. Action: The City Council received the presentation and no action was taken. 3. Subject: Presentation from the Housing Trust of Santa Clara County Recommended Action: Receive presentation Discussion: Jessica Garcia -Kohl made a PowerPoint presentation highlighting the following: 1) What is the Housing Trust of Santa Clara County; 2) Why the Housing Trust was formed; 3) Why the Housing Trust remains relevant; 4) Housing Trust programs; 5) Housing Trust's investment in Cupertino. She answered questions from Council. Action: The City Council received the presentation and no action was taken. 4. Subject: Recognition of Putnam Award given to the Cupertino Block Leaders by the League of California Cities Recommended Action: Recognize receipt of award Discussion: City Manager Dave Knapp explained the City's Block Leader Program. Community Relations Coordinator Laura Domondon Lee thanked everyone for their support and participation in the program. Block Leader Fari Aberg thanked Ms. Lee. Action: Mayor Wang presented the award. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • Amended page from August 3 draft minutes, Item No. 5 • Additional requested information regarding the Fiscal Strategic Plan Committee recommendations, Item No. 13 • Letter from the Kahrizak Foundation, Inc. for the requested fee waiver, Item No. 15 September 21, 2010 Cupertino City Council Page 3 ORAL COMMUNICATIONS Ann Smart, Associate Director of the Silicon Valley Leadership Group, Margaret Randazzo, CFO of Westinghouse Solar, and Saratoga Mayor Kathleen King invited everyone to the 6th annual Turkey Trot event on Thanksgiving Day benefiting the Second Harvest Food Bank, the Housing Trust of Santa Clara County, and the Children's Health Initiative. They explained about the 3rd annual Mayor's Cup Challenge where participants from amongst Council and staff could gain points to win prizes for their city in four categories based on city population. Council member Mark Santoro explained about the AIertSCC.com system which was an opt -in program which alerted residents by phone in case of an area emergency. He encouraged all residents to sign up and noted that cards could be found in the City Hall lobby. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended, including Item No. 5 as amended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Subject: August 3, 17, and September 7 City Council minutes Recommended Action: Approve minutes Discussion: An amended page from the August 3 draft minutes was distributed as written communication for this item. 6. Subject: Accounts Payable for period ending September 3, 2010 Recommended Action: Adopt Resolution No. 10 -179 7. Subject: Accounts Payable for period ending September 10, 2010 Recommended Action: Adopt Resolution No. 10 -180 8. Subject: Payroll for period ending September 3, 2010 Recommended Action: Adopt Resolution No. 10 -181 9. Subject: Submit grant documents to the Department of Homeland Security for the purchase and installation of a portable emergency generator at City Hall Recommended Action: Adopt Resolution No. 10 -182 Description: Authorize the City Manager or Administrative Services Director to finalize documents for a $300,000 grant to the City 10. Subject: Improvement Agreement, 10131 Santa Clara Avenue Recommended Action: Adopt Resolution No. 10 -183 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) September 21, 2010 Cupertino City Council Page 4 PUBLIC HEARINGS 11. Subject: Vacate a portion of city right -of -way on Stevens Canyon Road at 22621 Ricardo Road Recommended Action: The application for vacation has been withdrawn Discussion: Assistant Public Works Director Glenn Goepfert reviewed the staff report and explained that the applicant had withdrawn his application. Action: This item was tabled and no action was taken. UNFINISHED BUSINESS - None NEW BUSINESS 12. Subject: Review opportunities for future development on the Hewlett Packard (HP) campus located in the North Vallco Master Plan area. Recommended Action: Staff requests Council direction on future development on the Hewlett Packard campus and recommends that the Council authorize the analysis of additional retail allocation in the General Plan. Discussion: Community Development Director Aarti Shrivastava explained that Council had expressed an interest in discussing future development opportunities at the HP site. Staff provided input in the staff report, and is looking for Council direction. She answered questions from Council. Jennifer Griffin said that she worked on the North Vallco Planning Committee formed several years ago and said that one general consensus from the committee was a desire to have high tech remain in the area. She said that Cupertino is a destination for such companies and that this would be a great location for a corporate headquarters. She encouraged Council to be flexible with the site and retain the potential for either industrial or tech use. She asked that if retail is brought in, to consider the traffic situation at the 280 /Wolfe/Homestead intersection and also the Lawrence /Homestead /Kaiser Hospital intersection. Peter Pau said he has done many projects in the North and South Vallco areas and wanted to offer his personal opinion. He said he thought the interest of both the property owners and Council could be promoted and he looks forward to exciting projects happening in that area, whether he is involved in the projects or not. He answered questions from Council about his Main Street development. Kevin Dare said that he and Mr. Pau were at the meeting to speak as good citizens. He offered a brief history of what they experienced when wanting to develop in the South Vallco area. He explained that at first there were a number of differing opinions and community input, but after they began to hold community discussions, it became more productive and a strong, beneficial consensus came out of that process. He noted that if they could help at all in coordinating a discussion in North Vallco, it would be a useful and unique opportunity. He answered questions from Council. September 21, 2010 Cupertino City Council Page 5 Mahoney moved to authorize staff to work on a General Plan amendment to add up to 500,000 square feet of Citywide commercial allocation in the General Plan, amend the General Plan land use and zoning in the North Vallco area to allow large format regional commercial uses, authorize funding of up to $25,000 to provide one Citywide notice for public input, and report back to Council in about three months. Wong seconded the motion for discussion and offered a friendly amendment that if Council doesn't authorize any budget savings at tonight's meeting, then the money would come out of the Economic Uncertainty fund. The friendly amendment was accepted. Chang offered a friendly amendment to specifically look at large format regional commercial uses, and take public input on other possibilities. The friendly amendment was accepted. The motion carried unanimously. Council recessed from 9:25 p.m. to 9:35 p.m. 13. Subject: Fiscal Strategic Plan Committee Recommendations as a result of the Hewlett Packard relocation. Recommended Action: Adopt the Fiscal Year 2010 -11 Fee Schedule; Pursue Educational Revenue Augmentation Fund (ERAF) Property Tax corrections with the State; Consider deferral /elimination of various CIP Projects for FY 2010 -11 Description: CIP projects for consideration are a. Reduce various Blackberry Farm Infrastructure Improvements ($75,000) b. Scale down the Radio Station Antenna Relocation ($10,000) c. Defer the Emergency Van Upgrade ($75,000) d. Defer Wilson Park Irrigation System Renovation ($150,000) e. Reduce various Park Path and Parking Lot Resurfacing, leaving $75,000 for safety issues ($175,000) f. Defer various Trail Resurfacing at School Fields ($125,000) g. Defer the Temporary Dog Park on Mary Avenue ($210,000) Discussion: Additional requested information regarding the Fiscal Strategic Plan Committee recommendations was distributed as written communication for this item. Administrative Services Director Carol Atwood reviewed the staff report and the handout. Jennifer Griffin commended the City for trying to find a way to ease the shortfall from the departure of Hewlett Packard from town. She was concerned about the City spending $100,000 to figure out what to do with HP, especially since it looked like some items might have to be deferred. Council member Santoro clarified that the Council didn't allocate $100,000, only $25,000 for noticing costs for public meetings. Council asked questions from staff. City Attorney Carol Korade clarified that the items listed on the staff report as recommendations were not action items, but direction to staff to bring back to Council at a later time. September 21, 2010 Cupertino City Council Page 6 Action: Mahoney moved to put off item number 1 regarding the FY 2010/11 fee schedule and item number 3 regarding deferral /elimination of various CIP (Capital Improvement) projects for FY 2010/11 as shown in the staff report until the midyear budget adjustment, and pursue item number 2 regarding ERAF (Education Revenue Augmentation Fund) property tax corrections with the State). Wang seconded the motion for discussion. Santoro offered a friendly amendment to leave the CIP maintenance projects to the City Manager's discretion to move forward with those projects as necessary. The friendly amendment was accepted. The motion carried with Chang voting no. 14. Subject: Amend the Cupertino Municipal Code to revise and re -title the existing Franchise Ordinance to be consistent with the new Recology Franchise Agreement for waste management and recycling. Recommended Action: Conduct first reading of Ordinance Nos. 10 -2069 and 10 -2070 Description: a. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re -title the existing Franchise Ordinance, Garbage —Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city's updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; b. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement Discussion: Assistant Public Works Director Glenn Goepfert reviewed the staff report and suggested the following wording to clarify Section 6.24.110 about storing compost items: "Nothing contained in Section 6.24.070, Section 6.24.080 or this Section 6.24.110 shall prevent a property owner and/or occupant with control over any premises from keeping or maintaining compostable materials in a home composting bin designed and intended for home composting. Home composting materials and containers shall not be stored in public view." Action: The Deputy City Clerk read the titles of the ordinances. Wong moved and Mahoney seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the first reading thereof as amended with the additional language to Section 6.24.110 as recommended. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. 15. Subject: Consider request for fee waiver by the non - profit Kahrizak Foundation Recommended Action: Deny the request Description: The Kahrizak Foundation requests a waiver of rental fees for prior use of the Quinlan Community Center Discussion: A letter from the Kahrizak Foundation, Inc. for the requested fee waiver was distributed as written communication for this item. Parks and Recreation Director Mark Linder reviewed the staff report. September 21, 2010 Cupertino City Council Page 7 Action: Wong moved and Chang seconded to deny the request for a fee waiver. The motion carried unanimously. 16. Subject: National League of Cities Annual Business Meeting December 4 in Denver, CO Recommended Action: Designate voting delegate and alternate Action: Santoro moved and Mahoney seconded to appoint Vice Mayor Wong as the voting delegate and Parks and Recreation Director Mark Linder as the alternate. The motion carried with Chang voting no. 17. Subject: Consider cancelling October 19 City Council meeting Recommended Action: Provide direction to staff Discussion: Council members discussed their upcoming schedules and whether the Oct. 19 meeting should be cancelled, since members Wang and Mahoney would be away on Oct. 19. City Attorney Carol Korade that 3 affirmative votes were needed to pass any business item except approval of minutes and other routine items, which required a 2 -1 vote. Action: Wong moved to keep the Oct. 19 meeting. The motion failed for lack of a second. Mahoney moved and Chang seconded to cancel the Oct. 19 meeting. The motion carried with Santoro voting no. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:00 p.m. the meeting was adjourned in memory of former Mayor Don Burnett. '41 II 11 e-t&11,,, 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 click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.