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12-21-10 Searcheable Packet èÛÚÐ×ÍÖùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ îÍÆ×ÏÚ×ÊÛÎØîÍÆ×ÏÚ×Ê ùÓÈÃùÍÇÎÙÓÐÏÓÎÇÈ×É øÊÛÖÈïÓÎÇÈ×ÉÍÖ øÊÛÖÈïÓÎÇÈ×ÉÍÖ ûÙÙÍÇÎÈÉìÛÃÛÚÐ×ÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕø×Ù×ÏÚ×Ê øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ûÙÙÍÇÎÈÉìÛÃÛÚÐ×ÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕø×Ù×ÏÚ×Ê øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ìÛÃÊÍÐÐÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕø×Ù×ÏÚ×Ê øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ëÇÓÈÙÐÛÓÏø××ØÛÎØûÇÈÔÍÊÓÂÛÈÓÍÎÖÍÊçÎØ×ÊÕÊÍÇÎØåÛÈ×Ê êÓÕÔÈÉôÇÎÕÅ×ÎðÓÛÎØôÇÎÕãÓÎÕðÓ ûÎÎûÊÚÍÊûÆ×ÎÇ× øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ëÇÓÈÙÐÛÓÏø××Ø ïÛÌ ê×ÆÓ×ÅÍÌÌÍÊÈÇÎÓÈÓ×ÉÖÍÊÖÇÈÇÊ×Ø×Æ×ÐÍÌÏ×ÎÈÍÎÈÔ×ô×ÅÐ×ÈÈ ìÛÙÑÛÊØôìÙÛÏÌÇÉÐÍÙÛÈ×ØÓÎÈÔ×îÍÊÈÔæÛÐÐÙÍìÛÊÑïÛÉÈ×Ê ìÐÛÎûÊ×Û éÈÛÖÖê×ÌÍÊÈ ìùïÓÎÇÈ×ÉÍÖ ùÍÎÉÓØ×ÊÛðÓÚÊÛÊÃùÍÏÏÓÉÉÓÍÎÌÊÍÌÍÉÛÐÈÍ×ÉÈÛÚÐÓÉÔÛìÍ×È ðÛÇÊ×ÛÈ×ÖÍÊùÇÌ×ÊÈÓÎÍ éÈÛÖÖê×ÌÍÊÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ûÈÈÛÙÔÏ×ÎÈ ùÍÖÖ××éÍÙÓ×ÈÃð×ÛÉ× éÈÛÖÖê×ÌÍÊÈ AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, December 21, 2010 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS –PRESENTATIONS 1.Subject:Proclamation recognizing Captain Terrence Calderone for his service in the City Recommended Action:Present proclamation Page:No written materials in packet 2.Subject:Proclamationcommending Cupertino High School Students Tobias Chisup Shin and Andrew Yoon for assisting the Santa Clara County Sheriff’s Office in the resolution of a bank robbery Recommended Action:Present Proclamation Page:No written materials in packet POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. December 21, 2010Cupertino City Council Cupertino Redevelopment Agency CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3.Subject:November 16 and November 29 City Council minutes Recommended Action:Approve minutes Draft Minutes of 11-16-10 Draft Minutes of 11-29-10 Page:6 4.Subject:Accounts Payable for period ending December 3, 2010 Recommended Action:Adopt Resolution No. 10-226 Draft Resolution Page:24 5.Subject:Accounts Payable for period ending December 10, 2010 Recommended Action:Adopt Resolution No. 10-227 Draft Resolution Page:35 6.Subject:Payroll for period ending December 10, 2010 Recommended Action:Adopt Resolution No.10-228 Draft Resolution Page:47 7.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Hungwen Li and Hung-Ying Li, 10450 Ann Arbor Avenue Recommended Action:Adopt Resolution No. 10-229 Draft Resolution Quitclaim Deed Map Page:48 8.Subject:Review opportunities for future development on the Hewlett Packard (HP) campus located in the North Vallco Park Master Plan Area Recommended Action:Table this item until such time the new property owners of the HP campus in the North Vallco Area are ready to present their plans for future development to the City Staff Report PC Minutes of 9-21-10 Page:54 ITEMS REMOVED FROM THECONSENT CALENDAR(above) December 21, 2010Cupertino City Council Cupertino Redevelopment Agency PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 9.Subject:Consider a Library Commission proposal to establish a Poet Laureate for Cupertino Recommended Action:Adopt resolution No. 10-230 designating a CupertinoPoet Laureate, and request that the Library Commission appoint a selection committee to oversee and administer the program Description:The Poet Laureate's responsibilities would be to stimulate cultural and literacy awareness and to reinforce the benefits of poetry to the community Staff Report Draft Resolution Attachment Page:57 10.Subject:Coffee Society Lease Recommended Action:Authorize the City Manager to execute a three year lease with the Coffee Society Staff Report Page:60 11.Subject:Lehigh Cement East Materials Storage Area (EMSA) Recommended Action:Consider what letter or resolution, if any, the City Council may wish to send to the Santa Clara County Board of Supervisors regarding Lehigh Cement East Materials Storage Area (EMSA) Page:No written materials in packet ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT December 21, 2010Cupertino City Council Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, November 16, 2010 ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. At 5:30p.m. Mayor Kris Wangcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. CLOSED SESSION : Conference with real property negotiator (Govt. Code 54956.8); Property: 10800 1.Subject Torre Avenue; Cupertino Negotiator:Terry Greene; Negotiating Parties: City of Cupertino & potential lessees per RFP Under negotiation: Lease -price and terms of payment (RFP) 1a. Subject: Conference with legal counsel -anticipated litigation (Government Code 54956.9(b)(1). Description: Significant exposure to litigation (one case). At 5:30 p.m. Council went into closed session to discuss these items. At 6:50 p.m. Council reconvened in open session. Mayor Kris Wang reported that on item No. 1, the City Council met in closed session, discussed the topic, and gave instructions to their real property negotiators. No action was taken. On item No. 1a, Council met in closed session and received a briefing from legal counsel regarding significant exposure to litigation. No action was taken. PLEDGE OF ALLEGIANCE At 6:50p.m. Mayor Kris Wangcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. 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 November 16, 2010 Cupertino City Council Page 2 2.Subject: Presentation from North Valley Job Training Consortium (NOVA), a non-profit federally-funded employment and training agency. Recommended Action: Receive presentation Action:Kris Stadelman, NOVA Director, and Linda Thor, Chancellor -Foothill/DeAnza Community College District, explained that NOVA, which was formed 25 years ago, had as their goal developing a skilled workforce for Silicon Valley. They provided workforce services to job seekers and businesses and invested $10 million annually in the local economy. The organization was funded primarily by competitive federal and state grants. There was a one-stopresource center for job seekers where such services as workshops, networking programs, employer connections, training and a youth employment program were available. Cupertino residents actively participated in NOVA. 3.Subject: Proclamation recognizing Pancreatic Cancer Awareness Month in Cupertino. Recommended Action: Present proclamation Action:Mayor Wang presented a proclamation to Joan Chintz recognizing November as Pancreatic Cancer Awareness Month in Cupertino. Mrs. Chintz noted that her husband had died of pancreatic cancer and she was now actively involved in educating the public about this disease and in raising funds for research to eradicate it. 4.Subject: Proclamation for Marina Foods and Khong Guan Corporation in recognition for efforts to mitigate the economic impact from the bankruptcy of Tin Tin Super Market. Recommended Action: Present proclamation Action:Mayor Wang presented proclamations to representatives of the Marina Foods and Khong Guan Corporation. Both of these businesses agreed to accept the script formerly issued by the Tin Tin Market. When this market went out of business the script program which supported local programs stopped. These organizations came forward to mitigate this negative economic impact on the community. 5.Subject: Recognizing 26 students for their volunteer work at Silicon Valley Korean School. Recommended Action: Present letters of commendation Action:Mayor Wang presented letters of commendation to the students and thanked them for their dedication, hardwork and many hours of volunteering at the Silicon Valley Koran School. A student representing the group thanked the Council for their recognition and expressed hope for the city’s continued support. POSTPONEMENTS Vice-Mayor Gilbert Wong moved to continue item No. 23, amendments to the parking ordinance, to a later date so that the Council members could have more time to read the staff report. Mahoney seconded and the motion carried unanimously. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Copy of the PowerPoint presentation from NOVA (item No. 2) November 16, 2010 Cupertino City Council Page 3 Copy of the staff PowerPoint presentation regarding a modification to use permits at the Oaks Shopping Center (item No. 22) Attachment E to the staff report, Chapter 19.08 of the Municipal Code (item No. 23) Copy of the staff PowerPoint regarding the parking ordinance amendments (item No. 23) Copy of the staff PowerPoint regarding the Solar Power Purchase Agreement proposal (item No. 25) ORAL COMMUNICATIONS The following individuals addressed the Council with their concerns about the Lehigh Cement Plant: Lyn Faust, Phillip Pflager, Anne Pflager, Anya Kroth, Craig Lee, Vicky Ho, Artur Plonowski, Gary Ettinger, Paula Wallis, Rod Sinks, Thorsten von Stein, Rhoda Fry, Tim Brand, Nahui Quetzalcoatl, Kiyo Ouchidy, Ajai Gupta, Michael Klocker and RajKrishnon. They addressed the following issues: Concern about the environment, public safety, noise, negative impact on health and air quality, high mercury emissions, unresolved violation issues, negative impact on quality of life,and the matter of Lehigh’s vested rightson the property.Various speakersurged Council to schedule a special meeting before the end of the year to discuss the proposed expansion and the East Materials Storage Area(EMSA), to receive public input and to take a stand together and individually on these issues. In addition they asked the Council to send a letter to the Board of Supervisors stating the city’s opposition to the proposed expansion and the new open pit mine with the added notation that there were no vested rightsand thata use permit should be required. They also asked that the city inform the Board that Lehigh’s request did not meet the criteria of the California Superior Court in that it has an adverse affect on the neighborhood. The speakers urged Council to join the neighboring cities of Los Altos and Los Altos Hills instating their concerns. Mr. Brand distributed a copy of the Executive Officer’s Report from the State Mining and Geology Board from their meeting of April 19, 2006 which addressed, in part, the issue of notices of violations and compliance standards. City Manager Dave Knapp stated that for the last three years the city had been activein contacting the regulators and encouraging them to enforce the rules and perform inspections at Lehigh. The city was also instrumental in getting the Environmental Protection Agency to establish new requirements on mercury emissions and has already installed an online real time monitoring station on emissions from the plant. He said that the city will continue to play an active role. Larry Goe addressed the Council on the matter of the parking ordinance. He understood this had been continued to a futuremeeting but suggested that the wording be modified to read “nothing shall be visible from the street even in a permitted area” and to remove the phrase ‘more than six feet high’ from the ordinance. He explained that all types of construction equipment, etc. would be visible, and his changes would make the wording more reasonable. Michael Gottwaldnoted that the American Cancer Society’s Relay for Life was scheduled for July 16-17, 2011 and he urged everyone to support this event. RECESS- Council was in recess from 8:25 p.m. until 8:50 p.m. November 16, 2010 Cupertino City Council Page 4 CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 6, 8, and 9 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 7.Subject: Payroll for period ending October 29, 2010 Recommended Action: Adopt Resolution No. 10-207 10.Subject: Alcoholic Beverage License, Shangkee Noodle (formerly TK Noodle), 20735 Stevens Creek Boulevard Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. 11.Subject: Alcoholic Beverage License, Gumba’s, 21678 Stevens Creek Boulevard. Recommended Action: Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place. 12.Subject: Alcoholic Beverage License, Cupertino Valero, 10002 North De Anza Boulevard. Recommended Action: Approve application for Off-Sale Beer & Wine License. 13.Subject: Alcoholic Beverage License, Little Sheep Mongolian Hot Pot, 19062 Stevens Creek Blvd Recommended Action: Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place. 14.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jason S. Tan, 10540 Wunderlich Drive. Recommended Action: Adopt Resolution No. 10-209 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 15.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Suman Sagar Cherukuri and Sreedevi Chalasani, 22487 Palm Avenue. Recommended Action: Adopt Resolution No. 10-210 Description: 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. 16.Subject: Municipal Improvements, Stelling Palms of Cupertino, LLC, 10855 N. Stelling Road. Recommended Action: Accept Municipal Improvements. Description: Municipal improvements include sidewalk, curb & gutter, driveway approach, street striping, paving and new utility services. 17.Subject: Municipal Improvements, Joshua and Shabnam Richardson, 10650 Santa Lucia Road. November 16, 2010 Cupertino City Council Page 5 Recommended Action:Accept Municipal Improvements. Description: Municipal improvements include curb & gutter, driveway approach, street paving and new utility services. 18.Subject: Municipal Improvements, Huei-Hwang Hung and Tracy Hsu, 21871 Dolores Avenue. Recommended Action: Accept Municipal Improvements. Description: Municipal improvements include sidewalk, curb & gutter, driveway approach, and street paving. 19.Subject: Delegate authority to the Director of Administrative Services to act in all matters relating to excess workers’ compensation insurance with the California State Association of Counties (CSAC) Excess Insurance Authority (EIA), except as to actions that must be approved by the City Council. Recommended Action: Adopt Resolution No. 10-211 20.Subject: Santa Clara County Cities Association bylaws amendment. Recommended Action: Review and approve the amended bylaws. Description: Approval of at least 2/3 of the member jurisdictions is required. 21.Subject: Federal Surface Transportation (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) funding. Recommended Action: Adopt Resolution No. 10-212 Description: A resolution expressing local support for the STP/CMAQ funding program, authorizing the filing of an application for funding and committing the necessary non-federal match, and stating the assurance to complete the project. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6.Subject: Accounts Payable for period ending October 29, 2010 Recommended Action: Adopt Resolution No. 10-206 Director of Administrative Services Carol Atwood responded to questions raised by Council. She explained that National Deferred Compensation referred to the employee contributions which were collected andthen distributed tothree deferred compensation agencies. She thought the community playgrounds payment of $44,500 was for maintenance of current playground equipment but would verify this and report back to Council. 8.Subject: Accounts Payable for period ending November 5, 2010 Recommended Action: Adopt Resolution No.10-208 Director of Administrative Services Carol Atwood stated that the $414,369 payment to Siemens Industry Inc. was part of the city’s green program that included trading out irrigation and lighting. This was a progress payment in the $1.2 million project. She saidshe would report to Council on the amount paid so far and the balance due for this project. November 16, 2010 Cupertino City Council Page 6 9.Subject: Treasurer’s Investment and Budget Report for quarter ending September 2010 Recommended Action: Accept the report Discussion:Councilmember Chang referred to this report which stated that the cash balance decreased from June to September by $2.9 million due to sales tax consulting and sheriff contract payments. He asked staffto provide the numbers separately for the sales tax consulting and sheriff contract payments. The Director of Administrative Services responded that she would provide Council with these figures. Chang moved and Wong seconded to approveitem Nos. 6, 8, and 9 as presented. The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. PUBLIC HEARINGS 22.Subject: Application to allow entertainment uses and activities to operate until 2:00 a.m. at theOaks Shopping Center. Recommended Action: Approve modification to a Use Permit at Oaks Shopping Center. Description: Application: M-2010-02; Applicant: Al Parsano (Modena Investment, LP & Sunnyvale Holding, LLC); Location: 21255-21275 Stevens Creek Boulevard; Application Summary: Use Permit Modification to allow commercial entertainment establishments and live entertainment activities and to extend the hours of operation for such uses to 2:00 a.m. in the Oaks Shopping Center. Senior Planner Colin Jung stated that the Planning Commission recommended approval of theuse permit modification with several conditions which included in part the following: prohibited uses (billiard and pool halls, dance halls and arcades), entertainment permits to monitor allowed uses, no new entertainment uses in storefronts that face Mary Avenue, tenant notification, use permit review by staff after one year, security plan to be approved by city, meet noise standards, pay for excessive sheriff enforcement time if needed andno alcoholic beverages sold after 1:30 p.m. He also reported that public outreach had been conducted in the form of meeting with the apartment owner, a neighborhood meeting with apartment residents and the applicant outreached to existing center tenants. In response to an inquiry from Councilmember Chang, the applicant stated that they would not agree to stop serving liquor at 1:00 a.m. He explained that they had manyevents at which liquor was not served at all, but it was not good business practice tostop serving at 1:00 a.m. A deputy from the Sheriff’s Department stated that permits for certain types of events required that liquor not be sold after 1:30 a.m. but not in this instance. He believed that with the requirements in place,1:30 a.m. was an appropriate time limit. He said that the Sheriff’s Department would report back to Council if they had any concerns or issues with events held at the center. Jennifer Griffin believed this was an opportunity for successful businesses at the Oaks which was good for the community. She supported the 1:30 deadline. November 16, 2010 Cupertino City Council Page 7 Ted Hatten, Regional Property Manager for Avery Construction, stated that they agreed with the Planning Commission’s recommendations and the permit modifications. Action:Moved by Wong and seconded by Mahoney to approve the modification as requested. The motion carried unanimously. 23.Subject: Parking Ordinance Amendment Recommended Action: Approve recommended amendments to the Parking Ordinance and conduct the first reading of Ordinance No.10-2071 Description: Application: MCA-2010-05; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance) of the Cupertino Municipal Code to clarify language regarding storage and parking of vehicles. An ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment, aircraft and planned non-operational vehicles in residential zones. Action:Under “Postponements,” Vice-Mayor Gilbert Wong moved to continue item No. 23, amendments to the parking ordinance, to a later date so that the Council members could have more time to read the staff report. Mahoney seconded and the motion carried unanimously. 24.Subject: Community Development Block Grant (CDBG) 2010 Annual Plan Amendment Recommended Action: Consider adopting Resolution No. 10-213 amending the 2010 CDBG Annual Plan to reallocate $21,130 in CDBG funds from West Valley Community Service’s Rotating Shelter Program to the West Valley Community Service’s Haven to Home Program and authorizing the City Manager to submit the amended plan to the Department of Housing and Urban Development (HUD). Discussion:Senior Planner Vera Gil reported that the West Valley Community Services Rotating Shelter Program was no longer funded and was now providing support services but not housing. Staff requestedthat Council authorize reallocating these CDBG funds to West Valley Community Services’ Haven to Home Program. The funds could be exchanged between these similar programs but if other projects were considered a request for proposals would be needed as well as a public hearing. Jennifer Griffin commented that the homeless situation was a serious one and she was sorry to hear that the Rotating Shelter Program was no longer funded. She agreed that it was a good idea to transfer these funds to a similar program to help the homeless. Action:Moved by Wong and seconded by Mahoney to adopt Resolution No. 10-213 amending the 2010 CDBG Annual Plan to reallocate $21,130 in CDBG funds from West Valley Community Service’s Rotating ShelterProgram to the West Valley Community Service’s Haven to Home Program and authorizing the City Manager to submit the amended plan to the Department of Housing and Urban Development (HUD). November 16, 2010 Cupertino City Council Page 8 UNFINISHED BUSINESS 25.Subject: Report on the status of the Solar Power Purchase Agreement (SPPA) project (continued from November 1). Recommended Action: Receive report and provide direction to staff. Discussion:Public Environmental Affairs Director Rick Kitson reported on thecompetitive request for proposals process and selection of vendors. Environmental Affairs Coordinator Erin Cooke explained that a power purchase agreement was a financial arrangement whereby a third-party vendor constructs, owns, operates and maintains the photovoltaic system,and thehost customer (Cupertino) agrees to site a system on its property and to purchasethe electric output for a predetermined price and period. This projectincluded collaboration among nine agencies representing 70 sites with the potential to install 14MW ofsolar power. The benefits of such collaboration includedgroup purchasing benefits, favorable terms and conditions (4% annual increases for a 20 year period with a buyout option after 6 years at fair market value),and independent consultant expertise. The city and all participating agencies will be supported by solar consultant Optonyto ensure industry best practices, to verify system performances and to serve as a liaison with PG&E to ensure that rate schedules have been adjusted. Ben Foster, Vice President of Operations,Optony, commented on two available options. Option one was virtual net metering, AB2466, where one aggregated site could be used to offset usage on other sites. The second optionwas a CSI rebate which hada cost reduction up front. Excess energy at a certain site was put back on the grid for a fixed price. He recommended the second option. Jennifer Griffin supported solar power but was concerned about cutting down mature trees. She also raised the issues of seismic safety and water runoff in the parking lot. She recommended putting the panels on the library roof. Ben Foster, Vice President of Operations –Optony, responded to Council questions and said that the warranty was for 20 years. High efficiency cells may be an option but could potentially increase the cost. The vendor couldalso be asked to provide a proposal for a direct purchase, which would have a better return on investment than a power purchase agreement,but there would beupfront capitalcosts andperformance risk.In a power purchase agreement after 20 years an appraisal would be made by a third party. If the city wanted to purchase they could,but if not the vendor would take back the system and restore the property to its original state. Concerning the rates, he stated that in the power purchase agreement the vendor was paid for energy produced at a rate lower than the city was paying to PG&E which resulted in a lower PG&E bill. This resulted in a net monthly savings to the city. Mr. Foster also commented that if the number of panels was reduced for this project the savings to the city would be less. While it might be technically feasible it was not economically feasible. Public Environmental Affairs Director Rick Kitson any tree removed would be replaced with two.Henoted that this expansion was within the existing grade of the land and there was no November 16, 2010 Cupertino City Council Page 9 negative impact on parking. Mr. Kitson stated that staff believed this option of a power purchase agreement was beneficial to the city but it would fundamentally change the look of the parking lot at the Civic Center. For that reason, staff asked for direction from the Council. City Manager Dave Knapp noted that the library proponents made the decision that they would rather have a larger library than a solar library. In addition it would cost more to put the panels on the library roof. Action:Santoro moved and Mahoney seconded to send this item to the Planning Commission for their December 14 meeting and to bring it back to Council for their December 21 meeting. Council asked staff to provide a cost analysis of using high efficiency panels and to provide less visible sites on which to put the panels. In addition Council asked for a separate analysis for the corporation yard and asked staff to address issues raised by Council during the meeting. Motion carried unanimously. NEW BUSINESS 26.Subject: Adoption of 2010 California Building Code Standards Recommended Action: Adopt 2010 California Building Code Standards and conduct the first reading of Ordinance No. 10-2072 Description: An Ordinance of the City Council of the City of Cupertino amending Chapter 16 of the Cupertino Municipal Code and adopting the 2010 California Building Code Standards with appendices and amendments thereto. Discussion:Senior Building Official Albert Salvador said that staff recommended that Council adopt the new 2010 California Code of Regulations as mandatedby the State of California, adopt the local code amendments developed by the local Tri-chapter Uniform Code Committee,and adopt local fire code amendments developed by the Santa Clara County Fire Marshals Association and endorsed by the Santa Clara County Fire Chiefs Association. The 2010 California Codes included building, residential, electrical, plumbing, mechanical, fire, energy and green building standards. The fire code amendments dealt mainly with commercial and residential sprinklers. The Deputy Fire Chief of the Santa Clara County Fire Department commented on the issue of sprinklers, particularly the requirement that all new single family residences were required to have sprinklers. Community Development Director Aarti Shrivastava stated, in response to a Council inquiry, that it was possible to attain a 20% reduction in water usage as required in the Green Building Standards Code. There were buildings in the city that had achieved this goal. Councilmember Santororeferred to the exception listed in Section 903.2 which stated that ‘A one-time addition to an existing building that does not total more than 1,000 square feet of building area’. Staff will clarify this language to reflect that this is not a one-time use but rather additions up to 1,000 square feet. November 16, 2010 Cupertino City Council Page 10 Action:Mahoneymoved and Chang seconded to adopt the 2010 California Building Code Standards and conduct thefirst reading of Ordinance No. 10-2072. Ayes: Chang, Mahoney, Santoro and Wang; Noes: None; Absent: Wong. 27.Subject: Possible change to the City Council meeting schedule Recommended Action: Consider cancelling the December 21 meeting. Description: A decision is necessary at this time in order to accommodate newspaper deadlines for public hearing notices. Action:City Council concurred to hold a regular adjourned meeting on Monday, November 29, and not to cancel any of the regularly scheduled meetings. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Councilmember Mahoney said Veterans’Day Ceremony at Memorial Park was very well done. MayorWang noted that she attended the Santa Clara County Veterans’Parade. ADJOURNMENT At 12:05 a.m., the meeting was adjourned. ____________________________ Kimberly Smith, City Clerk Staffreports, 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 atwww.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. DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, November 29, 2010 ROLL CALL At 6:00 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge ofAllegiance. Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION 1.Subject: Conference with legal counsel -anticipated litigation (Government Code 54956.9(b)(1). Description: Significant exposure to litigation (one case). 2.Subject: Conference with real property negotiator (Govt.Code 54956.8); Property: 10800 Torre Avenue; Cupertino Negotiator: Terry Greene; Negotiating Parties: City of Cupertino & potential lessee per RFP Under negotiation: Lease -price and terms of payment (RFP) At 6:00 p.m., Council recessed to a closed session to discuss these two items. At 6:45 p.m. Council reconvened in open session. Mayor Kris Wang announced that for item No. 1 Council met in closed session and received a briefing from legal counsel. No action was taken. For item No. 2 Council met in closed session and received a briefing from real property negotiators, and gave instructions to bring back the lease in open session. PLEDGE OF ALLEGIANCE At 6:45 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. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. November 29, 2010 Cupertino City Council Page 2 CEREMONIAL MATTERS –PRESENTATIONS Mayor Wang presented a proclamation to Bowlmor Lanes thanking them for providing a Thanksgiving Feast for clients of West Valley Community Services. Naomi Nakano-Matsumoto, Executive Director of West Valley Community Services, accepted the proclamation on behalf of Bowlmor Lanes and commended them for being a great business and community volunteer. POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Copy of the staff PowerPoint presentation (Item No. 7) Email in favor from Santa Clara Valley Audubon Society, emails from Susan Sievert and Debi Jamison objectingto a shorter time frame for noticing, and a status report from City ArchitectTerry Greene (Item No. 9) Emails of opposition from Jessie Au, Liu Peng, Steven Yang, Suresh and Rema Vasa, Ginger Standridge, Archana Rawat, Prasad Narayana, Chefka Zarka, and a status report from Assistant Public Works Director Terry Greene (Item No. 10) ORAL COMMUNICATIONS The following individuals spoke in opposition to Lehigh Cement Plant’s proposal to expand their facilities: Cathy Helgerson, Roy Hong, Richard Adler, Donald Potter, Kay Lau, Tim Brand, Amy Migdal, Kirk Lau, Soeun Park, Paula Wallis and Doran Drusihsky. Ms. Helgerson referred to a letter from the California Regional Water Quality Control Board in which they asked Lehigh for a technical report on non-storm water discharge, a report on inspection maintenance and a report on pollutant flow rate monitoring and samples. She stated that that Lehigh would be penalized if they did not comply with these requests. Furthermore, she requested that when Council receivedsuch information they make it available to the public. Additional commentsfrom the speakers included the following: This issue was not going away; the public was depending on the Council to address raised concerns, and Lehigh should abide by the rules; the plant continued to run without any negative consequences for violations; new Environmental Protection Agency guidelines on hazardous air emissions will become effective in 2013, and the cement industry was going to court to oppose thosenew regulationsarguing that the numbers were too low and would not be achievable;the speakers were opposedto the open pit mine and waste disposal areas; and the city should join neighboring cities in efforts toward a satisfactory solution.The speakers urged the City Council to adopt a resolution for Board of Supervisors stating that Lehigh did not have any vested rights. City Manager David Knap stated that the city was in regular communication with the County and other regulatory agencies involved in this matter andthe city had notified all such agencies that they wanted to receive all related correspondence. Study sessions had been held with the regulators November 29, 2010 Cupertino City Council Page 3 and all received correspondence had been placed on the city’s website for the public’s information. Additionally, a monitoring station had been put in place. Councilmember Chang stated that he was frustrated with the Bay Area Air Quality Management District as he had not received information he had requested on this matter. He urged Council to send a strong message to all related agencies. Wong moved and Mahoney seconded to end oral communications. The motion carried with Council Member Chang voting no. CONSENT CALENDAR All items were removed from the Consent Calendar for further discussion. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Duen Yuen Wong and Yanti Hidajat, 20955 Alves Drive. Recommended Action: Adopt Resolution No. 10-214. Description: 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. 4.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Cheng-Chih Hsu and Yi-Ting Wu, 20136 Peachtree Lane. Recommended Action: Adopt Resolution No. 10-215. Description: 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. 5.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Steven K. Yoshimoto and Catherine A. Yoshimoto, 21120 Canyon Oak Way. Recommended Action: Adopt Resolution No. 10-216. Description: The property owners of this residential development agree to grant to the Citythe right to extract water from the basin under the overlying property. Cathy Helgerson had several questions about these quitclaim items. What happens when the property was sold? Did you have to disclose that you had no water rights under your house? What did this do to property values? She did not believe anyone should have to give up their water rights without a vote of the community. 6.Subject: Maintenance Agreement, Wen Chung Stewart Wu and Cheng Yuan Tourisa Wu, 10077 Scenic Boulevard. Recommended Action: Adopt Resolution No. 10-217. Description: The property owners of this single family residential development will be required to maintain all non-standard items within the City’s right of way. November 29, 2010 Cupertino City Council Page 4 Council Member Chang noted that this appeared to be a rather unusual agreement and asked for clarification. Assistant Public Works Director Glen Goepfert explained thatthis was a semi-rural area and the improvements were not being put in where the city had standard improvements. The applicant wanted to expand the driveway into the city’s right of way and would be responsible for the maintenance and liability. He further noted that if the city wanted to change this agreement in the future they could do so. Chang moved and Mahoney seconded to approve the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. PUBLIC HEARINGS 7.Subject: Appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road. Recommended Action:Deny appeal (See Attachment A. Planning Commission Resolution No. 6616) Description: Application: DIR-2010-28 Appeal Applicant: Dayna Aguirre (for T-Mobile) Appellant: Shaul Berger Location: 11371 Bubb Road, APN 356-23-047 Application Summary: Appeal of a Director's Minor Modification to allow a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG&E pole located in front of 11371 Bubb Road. Senior Planner Colin Jung presented an overview of the staff report noting that this project had been approved by staff on September 7, 2010, appealed on September 20, 2010 and on November 9, 2010 the Planning Commission had denied the appeal. He stated that the appeal summary included health concerns, proposed location near residential and inaccuracies in the radio frequency emission study. Mr. Jung stated that a master plan was on file which showed preferred locations for wireless facilities in the city, which showed guidelines for locations but not specific sites. He noted that if anyproject met FCC standards, the city was unable to deny the project on basis of health and safety issues. City Attorney Carol Korade addedthat FCC standards were nationwide and the city could not change these standards and was required to abide by them. The following individuals spoke in opposition tothe installation of a personal wireless service facility on Bubb Road: Shaul Berger, Luis Nunez, Saleh Osman, Chen Chou, Michael Chen, Madhu Gi, Prasad Narayana, CheryLiu, Manjari Asawa, Cathy Helgerson, Catherine Ore, Raju G., Taiyi Cheng and Petr Vandrovec. They raised the following issues and concerns:There would be a negative impact on property values; the sites weretoo close to neighboring schools, and there were overall health and safety issues; other sites such as hillsides should be November 29, 2010 Cupertino City Council Page 5 considered; there would be negative visual impacts; the pole was old, cracked and not strong enough to hold equipment; there would be negative noise levels;thecity should take responsibility for the spread of pollution; and a master plan was needed which would show the exact location where the city wanted wireless facilities. Dayna Aguirre, representing Sutro Consulting for T-Mobile, stated that there was a coverage issue and customers were having difficulty with dropped calls and the inability to make calls. She said that putting an antenna on a hillside would not address these site specific problems. She said that a tower wouldgreater coverage but was not possible in this location. She said that PG&E did a structural analysis to determine that the poles being considered are structurally sound. The City Council discussed Linda Vista Park, Results Way and the water tank on Regnart Road as three possiblealternative sites. Dayna Aguirre, representing Sutro Consulting for T-Mobile, stated that she knew the Results Way location would not work but it would be up to the radio frequency engineers to look at the other two sites. She stated that the company had complied with the city’s requests regarding this application and she asked fora Council vote at this meeting and did not agree to a continuation. Action:Mahoneymoved and Wong seconded to deny the appeal and uphold the approval of the personal wireless service facility at 11371 Bubb Road. Wong seconded, and the motion carried 3-2, with Chang and Wang voting no. RECESS- The City Council was in recess from 10:00 p.m. to 10:12 p.m. UNFINISHED BUSINESS -None NEW BUSINESS 8.Subject: Agreement with the Association of Bay Area Governments (ABAG) to receive grant funds for the installation of trash capture devices. Recommended Action: Adopt a resolution 10-218 authorizing the City Manager to execute the agreement. Description: This agreement will allow the City to receive grant funds for the installation of trash capture devices (TCDs) as required by the State Water Resources Control Board. Assistant Public Works Director Glen Goepfert stated that the city was required to acquire, install and maintaintrash capture devices that would collect trash transported by rainwater from retail/wholesale commercial land-use areas. This requirement must be met by July 1, 2014. The grant funding agreement for this project with ABAG must be executed by January 1, 2011 or the funds would be returned to the funding pool to be divided among the participating entities. November 29, 2010 Cupertino City Council Page 6 Cathy Helgerson asked where they would be set up, who would be monitoring and how this could be expanded to monitor for water pollution. She noted that the State Water Resources Control Board was not monitoring the water and with the money the city had in reserves they could be doing this. She further stated the pollution from the trash was a small issue related to the water pollution issue. Action:Mahoney moved and Wong seconded to adopt Resolution No. 10-218. The motion carried unanimously. 9.Subject: Stevens Creek Corridor Park, Phase II, Progress Update. Recommended Action: Review alternatives relative to potential grant funding. Description:A summary of the impacts of accepting known and expected grants on the currently approved project scope, schedule and budget. The City Clerk distributed emailsin favor of the project from Santa Clara Valley Audubon Society, emails from Susan Sievert andDebi Jamison objecting to a shorter time frame for noticing, and a status report from City Architect Terry Greene. The City Architect reviewed the staff report and said that in June 2009 Council approved a Phase 11 CIP project with a budget of $1.4 million and authorized the expenditure of up to $200,000 to initiate the design effort. In September 2010 the city was notified that it had been awarded a $1.2 grant by the California River Parkways agency. This grant had a project completion deadline of September 2013. The agreement to accept this grant could be signed as late as June 2011; however, the city would need to begin design no later than January 2011 to ensure completion by the deadline. He reviewed four funding alternatives to the Council for this project. In response to an inquiry from Council, Mr. Greene saidthat alternative 4A (funding for an expanded scope for the trail, bridge, parking lot and creek restoration, andgolf course)would satisfy the grant requirements for creek restoration. It would include new tree planting along the west bank of the channel, normal contingencies were included and the CEQA addendum/mitigated negative declaration was built into the cost estimates.He said the proposed location in alternative 4A had the least impact on trees, the riparian corridor and the golf course; itkept intact the steelhead habitatand conformed to the criteria of being 100’ from any residence. Donna Austin, member of the Stocklmeir Task Force and Board Member of the Cupertino Historical Society, commented on the significant history of this site and supported Council’s earlier action of preserving the property, restoring the creek and expanding the trail. She supported Alterative 4A as having the least impact on the orchard. Shani Kleinhaus, Santa Clara Valley Audubon Society, commented that the city had done a beautiful job in Phase 1 of restoring the creek and they supported Alternative 4A. In addition if money was an issue she urged Council to do the stream restoration first and then the trail. Anne Ng, member of the Stocklmeir Task Force and Board Member of the Friends of Stevens Creek Trail, thanked Council for approving Phase 1 of this project. She believed Alternative 4A or 4B would be good options but she personally preferred Alternative 4A. November 29, 2010 Cupertino City Council Page 7 Deborah Jamison addressed creek ecology issues noting that any human activity near riparian habitat affected wildlife. She agreed that Alternative 4A was a good option and believed the conservation community would be happy with that choice. She alsoagreed that the creek restoration work should be done before the trail work. City Architect saidCouncil would be givenmore details on the alternatives at the January 18 meeting. At that time Council will need to decide whether or not to accept the California River Parkways grant in principle; to choose an alternative; to authorize staff to secure additional grants; to decide on a CEQA addendum or mitigated negative declaration and to authorize staff to begin design not to exceed $200,000. The Council received the report and no action was taken. 10.Subject: Scenic Circle Access, Progress Update. Recommended Action: Review the final design and authorize bidding in early December 2010 for Scenic Circle Access. The City Clerk distributed emailsinopposition to this project from Jessie Au, Liu Peng, Steven Yang, Suresh and Rema Vasa, Ginger Standridge, Archana Rawat, Prasad Narayana, Chefka Zarka, and a status report from Assistant Public Works Director Terry Greene. The City Architect reported that in February 2010 Council supported proceeding with this project and providing a pathway to an existing bridge over Stevens Creek. He said that the bid documents included solutions to the neighbors’ concerns regarding the location of the path, parking, the locked gate and trash.CEQA documents were issued for public review and the public comment period closed on December 6.. Mr. Greene noted that Council had originally asked that this project be completed in time for the new school year. However, to accomplish that construction would have to occur during the winter storm season and the wildlife breeding season. To avoid these seasons would result in the project not being completed until late fall. Anne Ng thanked Council for allowing access so that students did not have to go on McClellan or Stevens Creek. She was concerned about bird breeding season and suggested that Council may want to delay the project. She hoped this would be well used and that parking problems did not materialize. th Shani Kleinhaus, referred to a February 16letter from the Santa Clara Valley Audubon Society in which they asked for a full environmental impact report on this project. The consultant however had felt that a mitigated negative declaration was sufficient. She had not had an opportunity to review the CEQA documents yet and hoped that Council would not proceed until all comments had been received and reviewed. In her opinion there was no justification to proceed during bird nesting season. Deborah Jamison commented thatthere had been two meetings with the neighbors of Scenic Circle but staff had not held meetings with residents who had experience in riparian ecology and bird nesting. Ms. Jamison reminded Council that in the original design this was supposed to be the quiet side of the creek. She did not believe there was any reason to do this project November 29, 2010 Cupertino City Council Page 8 during bird nesting season. A couple of months delay was not going to make any difference. She also noted that visual clues were needed to keep people on the proposed trail. Carol Stanek thanked Council for approving this access and urged them to move forward with its completion. Council Member Chang did not support authorizing the bids until the CEQA comments had been received. The City Architect Terry Greene said that itwould beappropriate to authorize the bids without the comments,but not to award the bid until the comments were accepted. Wong moved and Mahoney seconded to authorize bidding on December 3. The motion carried with Council member Chang voting no. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS Mayor Wang noted that at today’s press conference the announcement was made that the energy efficient agreement project had officially started. This project was expected to be completed in rd February, 2011. On Friday, December 3 the Christmas tree lighting ceremony will take place at st 6:00 p.m. at the Quinlan Center. On Wednesday, December 1the Hanukkah menorah will be at Cali Mill Plaza at 6:00 p.m. ADJOURNMENT At 12:03 p.m., the meeting was adjourned. ____________________________ Kimberly Smith, 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. RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FORUNDERGROUND WATER RIGHTS,HUNGWEN LI AND HUNG-YING LI, 10450 ANN ARBOR AVENUE, APN 326-28-017 WHEREAS,Hungwen Li and Hung-Ying Li,haveexecuted a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit“A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 21stday ofDecember,2010, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ City ClerkMayor, City of Cupertino ïðêïð ïðêïî ïðëçè ïðëèè ïðëéð îïðíï ïðëðç ïðìçë ïðìçë ïðìèð ïðìèï îïïíï ïðìêé îïïìï ïðìëï îïïëï ïðìíç îïðçï îïïíð ïðìïé ïðìïï ïðìïð ïðìïï ïðìðë ïðíçì ïðíçï ïðíçë îïðíï ïðíéí ïðíêï ïðíìë ïðíîë Í«¾¶»½¬æ Ï«·¬½´¿·³ Ü»»¼ ¿²¼ ß«¬¸±®·¦¿¬·±² º±® Ë²¼»®¹®±«²¼ É¿¬»® Î·¹¸¬ô Ø«²¹©»² Ô· ¿²¼ Ø«²¹óÇ·²¹ Ô·ô ïðìëð ïðíïë ß²² ß®¾±® ßª»ò Î»½±³³»²¼»¼ ß½¬·±²æ ß¼±°¬ Î»±´«¬·±² Ò±ò ïðóÁÁÁÁÁÁò q îïðìì îïïïì ïðïêì îïðíì ïðïêð COMMUNITY DEVELOPMENT DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: December 21, 2010 Subject Review opportunities for future development on the Hewlett Packard (HP) campus located in the North Vallco Park Master Plan Area. Recommended Action Tablethis item until such timethat thenew property ownerof the HPcampus (Apple Inc.) is ready to present itsplans for future developmentto the City. Discussion On September 21, 2010, the City Council (See Attachment, September 21, 2010 City Council Minutes) authorized staff to initiate the public discussion process on the North Vallco Park Master Plan Area with the following parameters: 1.Authorization for staff to conduct two public outreach meetings to consider initiating General Plan and Zoning Amendments to add up to 500,000 square feet of commercial allocation citywide in the General Plan, to specifically look at allowing large-formatregional commercial uses in the North Vallco Master Plan Area and to take public input on other possibilities. 2.Authorization for staff to utilize up to $25,000 for consultant facilitation and one citywide noticing for the public outreach. On December 7, 2010, the Council requested that a consent item be placed on the December 21, 2010 meeting to table the projecton the North Vallco Park Area based upon recent information that Apple had purchased the HP campus.A review of the North Vallco site (previously owned by HP) will commence after Apple presents its plans for development. _____________________________________ Prepared by:Aki Honda Snelling, Senior Planner Reviewedby:Gary Chao, City Planner &Aarti Shrivastava, Community Development Director Approved for Submission by:David W. Knapp, City Manager Attachment:September 21, 2010 City Council Minutes ADMINISTRATIVE SERVICESDEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting:December 21, 2010 Subject Consider a Library Commission proposal to establish a Poet Laureatefor Cupertino to stimulate cultural and literacy awareness and reinforcethe benefits of poetry to thecommunity. Recommended Action Adopt a resolution designating aCupertino Poet Laureate,andrequestthat the Library Commissionappoint a selection committee to oversee and administer the program. Description Poets Laureate existat the Federal, State, County and Municipal levels,but Cupertino has never established an official position. The Library Commission is proposing establishing a Poet Laureateposition,and appointingan administrative committee (Attachment A) to select a nominee for the position of Poet Laureate for the Cupertino. The committee would be composed of the following members: Two –Library Commissioners (Chair) Two –Fine Arts Commissioners One –Friends of the Library representative Two –Library Foundation members One –DeAnza College English Department representative The Committee’s chargewould beto sponsor and develop the program, set forth its purpose, form the committee, identify applicant qualifications, solicit applications, and nominate a citizen no later than April 2011 (National Poetry Month). The goal of such a program is to: Stimulate cultural and literacy awareness in Cupertino; Introduce youth and adults to the personal and community benefits of poetry both as personal expression and as reflective of our history and culture; Reveal, recognize and engage literary talent residing in the community; and Promote our Library as THE cultural center of Cupertino. The Library Commission has approached this concept with the goal of working with the Fine Arts Commission and other community groups interested in pursuing this proposal. They seek direction and approval from Council at this time. _____________________________________ Prepared by: Carol Atwood Reviewed by: Approved for Submission by:David W. Knapp, City Manager Attachments: List of Committee members RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DESIGNATING A CUPERTINO POET LAUREATE WHEREAS, the study of literature forms a vital part of our shared and diverse culture; and WHEREAS, poetry expresses personal and public stories in an art form accessible to all; and WHEREAS, poetry forms an important part of our citizen’s education about culture and history; and WHEREAS, studies have shown that children who read poetry show improvements in vocabulary, critical analytical skills, and reading comprehension; and WHEREAS, reading and writing poetry give children and adults an outlet for their feelings, experiences, and questions about their world; and WHEREAS, California was the first state to appoint a poet laureate and many communities in California have successfully appointed poets laureate; and NOW, THEREFORE BE IT RESOLVED, that the “Poet Laureate”is hereby established in the Cupertino BE IT FURTHER RESOLVED that the Cupertino PoetLaureate Select Committee shall oversee the selection and administration of the Poet Laureateprogram. PASSED AND ADOPTED at a regular meeting of the City Council of the City of st Cupertino this 21 day of December 2010 by the following votes: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: Mayor, City of Cupertino _______________ City Clerk PUBLIC WORKS DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: December 21, 2010 Subject Coffee Society Lease. Recommended Action Authorize the City Manager to execute a three year leasewith the Coffee Society. Discussion On August 23, 2010, the City issued a Request for Proposals to operate a food and beverage business in the 500 square foot café space of the Cupertino Library. The RFP was advertized in the World Journal, the San Jose Mercury, and the Cupertino Courier where interested parties were directed to the City’s web site for a full document. Additionally, staff emailed approximately 81food service businessesand restaurants, of the nearly 160food businesses in Cupertino, to advise them of the availability of the space and directed them to the City’s web site for the full RFP document.Approximately 62commercial retailbrokers were advised as well. Finally, those local business owners who knew the space might become available and were interested in leasing it, were notified directly of the RFP. On September 15, 2010, the City Clerk’s office had received three proposals by the deadline of 3:00 p.m. The respondents were as follows: Streeter & Sons, DBA Coffee Society, Cupertino Bonjour Crepes, Cupertino Sanghee Lee, San Jose After careful consideration of the three proposals, Council instructed staff to enter into negotiations with the Coffee Society. Suitable terms were agreed to by Council in closed session on November 29, 2010 and a lease was subsequently prepared and provided to Jackie Streeter, owner of the Coffee Society, for signature. Sustainability Impact:The lease and the use of the library café space by the Coffee Society fully supports the City’s sustainability goals. Fiscal Impact Upon execution of the lease, effective January 1, 2011, the City will begin receiving $1,000 per month, with an additional $50 per month the second year and an additional $50 the third year. _____________________________________ Prepared by:Terry W. Greene, City Architect Reviewed by: Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: