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CC 01-18-2011 �4c'` l co CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, January 18, 2011 PLEDGE OF ALLEGIANCE At 3:07 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang (3:11 p.m.), Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION Mayor Gilbert Wong announced the closed sessions and invited comments from the public. Michael McNutt stated that the bid process had taken a very long time and that Council's decision on January 4 was reverse discrimination. He urged the Council to reverse their decision and sign the lease with Coffee Society. Darcy Paul stated that he had been retained as legal counsel for the Coffee Society. He stated that the lease negotiations had gone on long before the RFP process began and actually started in November 2009. He stated that it was Coffee Society's position that the process has been unnecessarily long and some added good faith would be needed to restore them to the position they were in before January 4, 2011. Paula Davis, Chairwoman of the Cupertino Chamber of Commerce, spoke on behalf of the following individuals: Andrew Brumm Wada Naniwada Clare Brumm Mahesh Nihalani Stuart Chessen Roger Schindewolf Peggy Griffin Patty Robinson John Ishii Kevin McClelland Janice Ishii Ruby Elbogen Linda Vincent Sonal Abhyanker John Vincent January 18, 2011 Cupertino City Council Page 2 Ms. Davis read a letter from the Chamber of Commerce dated January 18, and copies were distributed to the City Council members. The purpose of the letter was to express the Chamber's disapproval of the City Council's decision on January 4 to reopen the bid process for the Coffee Society property (item No. 3, below). Ms. Davis stated that it was the Chamber's understanding that the bid process was well advertised and that all interested parties were clearly aware that the bid process was open and it was not the obligation of Council or City staff to walk specific businesses through the process. Ms. Davis also stated that it was critical for local government to exhibit fairness and consistency when dealing with business, and urged the Council to reconsider its latest position and award the lease to Coffee Society. At 3:14 p.m., Council went into closed session to discuss the following items: 1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10346 Scenic Blvd. Cupertino, CA 95014; Negotiator: Carol Atwood; under negotiation: terms Recommended Action: Provide direction to negotiator 2. Subject: Conference with legal counsel - Significant exposure to litigation - (Three cases) Gov't Code 54956.9(b) 3. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8; Property: 10800 Torre Ave, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessees; Under Negotiation: Lease - price and terms of payment At 6:50 p.m., Council reconvened in open session. Mayor Wong announced that the Council had done the following: 1. Met with the real property negotiator and gave direction. 2. Council was briefed by legal counsel and gave direction. No action was taken. 3. On January 4th, the City Council had concerns about the process. On further review of the RFP process, the Council is comfortable going forward with the lease. Therefore, the City Council directed the real property negotiator to re -offer the lease previously signed by the Coffee Society and considered at the January 4 meeting, and place the item on a future Council agenda for City action. CEREMONIAL MATTERS — PRESENTATIONS 4. Subject: Declare January 2011 to be National Blood Donor Month Recommended Action: Present proclamation to the American Red Cross, Northern California Blood Services Region Mayor Wong presented the proclamation to Barb Larkin, CEO of the American Red Cross Silicon Valley Chapter. She noted that the phone number for individuals to call for more information is 1- 800 -RED CROSS. January 18, 2011 Cupertino City Council Page 3 Council member Wang stepped away from the dais before postponements. POSTPONEMENTS Mahoney moved and Chang seconded to continue Item No. 15 to February 1. The motion carried unanimously with Council member Wang absent. Santoro moved and Chang seconded to continue Item No. 10 to February 1. The motion carried unanimously with Council member Wang absent. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • A letter dated January 18 expressing the Chamber of Commerce's disapproval of the City Council's decision to reopen the bid process for the Coffee Society property • Emails from Ross Heitkamp, President of the Friends of Stevens Creek Trail, supporting the current CIP (Item No. 17b) and supporting Alternative 4A for the Stevens Creek Corridor Project, Phase II (Item No. 17c) • Email from Leslie Fowler in favor of opening the Scenic Avenue Trail so that her son can bicycle through Blackberry Farm park to Monta Vista High School (Item 17) • A copy of the Capital Improvement Status Report prepared by staff (17b) • Emails from Gail Bower and from Donna Austin, representing the Cupertino Historical Society, in favor of Alternative 4A (17c) • Email from Geoffrey Sherman opposed to any encroachment onto any part of the Blackberry Farm golf course (item 17c) • Pictures from Barbara Stocklmeir showing the West Side of Stevens Creek Park (item 17c) ORAL COMMUNICATIONS Elise Gerson, Director of Resident Services at the Forum at Rancho San Antonio, said that cell phone coverage on their campus has very poor to no reception at all. She said she wanted to alert Council that they are starting the process with the Planning Department and AT &T to pursue a cell tower on the campus. She noted that they look forward to Council's support when this item comes before them. Council member Wang returned to the dais before Consent Calendar. January 18, 2011 Cupertino City Council Page 4 CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Subject: December 7 City Council minutes Recommended Action: Approve minutes 6. Subject: December 21 City Council minutes Recommended Action: Approve minutes 7. Subject: Accounts Payable for period ending December 31, 2010 Recommended Action: Adopt Resolution No. 11 -004 8. Subject: Phase IV of the Employee Wellness Program Recommended Action: Approve additional proposed enhancements to the Employee Wellness Program 9. Subject: Changes to the Selection of Classification that receive Automobile Allowance Recommended Action: Eliminate Automobile Allowance for selected classifications 10. Subject: Animals in Disaster Annex to Cupertino Emergency Plan Recommended Action: Approve as an Annex to the Cupertino Emergency Plan Description: Document addresses Cupertino's role in caring for displaced pets and stray animals following a major emergency when the City's Animal Control Service is overwhelmed 11. Subject: Fee waiver for St. Joseph's Catholic School Athletic Teams Recommended Action: Deny fee waiver request 12. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Steven A. Breinberg and Danna S. Breinberg, 10625 Cordova Road, APN 342 -22 -103 Recommended Action: Adopt Resolution No. 11 -005 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 13. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Raman V. Mummidivarapu and Bhavani Mummidivarapu, 10134 South Tantau, APN 375 -07 -038 Recommended Action: Adopt Resolution No. 11 -006 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 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None January 18, 2011 Cupertino City Council Page 5 PUBLIC HEARINGS 14. Subject: Annual renewal of bingo permits for St. Joseph of Cupertino Church and Cupertino Senior Center Coordinating Council Recommended Action: Conduct public hearing and renew permits Mayor Wong opened the public hearing at 7:00 p.m. There were no requests to speak, and the hearing was closed. Mahoney moved and Santoro seconded to renew the bingo permits. The motion carried unanimously. 15. Subject: Green Building Ordinance Recommended Action: Continue to February 1 Description: Application: MCA - 2010 -04; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance Under "Postponements," this item was continued to the meeting of February 1. UNFINISHED BUSINESS NEW BUSINESS 16. Subject: Abatement of a public nuisance (weeds) pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 10 -224 Recommended Action: Note protest(s) and adopt Resolution No. 11 -007 Deputy City Clerk Grace Schmidt reviewed the staff report. Council had questions regarding changing the deadline date for inspections and concurred to hold off on this item until the County representative arrived to answer questions. 17. Mid -Year Operating and Capital budget review: a. Subject: Mid -Year budget adjustment Recommended Action: Approve mid -year budget adjustment Written communications for Item No. 17 included: o Emails from Ross Heitkamp, President of the Friends of Stevens Creek Trail, supporting the current CIP (Item No. 17b) and supporting Alternative 4A for the Stevens Creek Corridor Project, Phase II (Item No. 17c) o Email from Leslie Fowler in favor of opening the Scenic Avenue Trail so that her son can bicycle through Blackberry Farm park to Monta Vista High School (Item 17) o A copy of the Capital Improvement Status Report prepared by staff (17b) o Emails from Gail Bower and from Donna Austin, representing the Cupertino Historical Society, in favor of Alternative 4A (17c) January 18, 2011 Cupertino City Council Page 6 o Email from Geoffrey Sherman opposed to any encroachment onto any part of the Blackberry Farm golf course (item 17c) o Pictures from Barbara Stocklmeir showing the West Side of Stevens Creek Park (item 17c) Finance Director David Woo reviewed the staff report. Jennifer Griffin said she had a question about how the mayor would be handling the public input for all three items. She thought all the input would be at the end and said she doesn't have anything to say for item a, but does for item b. Action: Mahoney moved and Santoro seconded to approve the mid -year budget adjustments as presented. The motion carried unanimously. b. Subject: Mid -Year Capital Improvement Program (CIP) Review and Status Report Recommended Action: Direct staff to proceed with the CIP as currently approved, with adjustments to the program to be proposed during the annual budget review in spring, 2011 Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation. He noted the changes made to the CIP status report that was handed out on the dais. Council asked questions from staff. Jennifer Griffin commended the City for the Sterling Barnhart Park acquisition and delivery. She said that she and her neighbors love the park and are very appreciative. She also thanked Council for keeping the Lawrence Mitty Park on the horizon for the future. Carol Stanek said that she wanted to reiterate all the great support from the community for the Scenic Circle access and hopes it will happen as soon as possible. Action: Mahoney moved and Chang seconded to accept the report with clarification that any items for potential reallocation would not move forward until Council sees them first. The motion carried unanimously. Mayor Wong reordered the agenda to return to item number 16 regarding weed abatement. Moe Kumre from the County answered questions about whether the deadline date could be moved back from April 15. He said that another courtesy letter would go out from the County regarding if the deadline date has changed, noting that the County would work with residents to get the weeds abated, and giving the contact information for the County. Mr. Kumre noted that all the property owners would need to be noticed again if the deadline were to be moved. He also said that Council could change the deadline date at any of its meetings. January 18, 2011 Cupertino City Council Page 7 Mayor Wong noted one speaker card with the name of Sri, but the person wasn't in the audience anymore. Mr. Kumre said he would look through the list and see if any person matched that name and contact the person if possible. Action: Santoro moved and Chang seconded to adopt Resolution No. 11 -007 with the change to move the deadline date to April 30. Wang offered a friendly amendment to have the date change be for next year to avoid having to re- notice. Santoro accepted the friendly amendment. The motion carried unanimously. Council recessed from 8:38 p.m. to 8:50 p.m. Council continued with item number 17c. c. Subject: Stevens Creek Corridor Project, Phase II Recommended Action: 1. Authorize staff to initiate the design effort for Alternative 4A 2. Authorize the City Manager to negotiate and execute an amendment with SSA Landscape Architects for design services not to exceed $200,000 3. Authorize the City Manager to issue Letters of Intent to various granting agencies clarifying the City's intent to proceed with Alternative 4A and creek restoration 4. Authorize staff to initiate an environmental clearance process for the project Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation. Patrick Kwok from the Santa Clara Valley Water District discussed the voter approved Measure B for open space. He noted that the measure provides funding for water quality, protection, trails and open space, and water restoration. He indicated that the water district had partnered with the City on Phase I of the project and that there was $100,000 remaining that the City must reapply for. A formal request to the Board is crucial and grant requests are due by March 15. He stated that the District supports staff recommendation of 4A and is willing to work with the City on the design. He introduced Deborah Cordo (staff member) who has also worked on this project. Ms. Cordo said that the $800,000 grant money was never in the budget. She indicated that there were three grants available in the trails category and three in the environmental category. She noted that these grants are competitive and urged Council to get the grant applications in. She also stated that letters of intent and support helps the Board in making its decision. Brad Allen thanked the City for supporting creeks and restoration and it shows in the quality of the parks. He said he supports 4A. Marianne Cali, board member of Stevens Creek Watershed Council, thanked the City for the beautiful job of Phase I restoration of the Stevens Creek Corridor and supports 4A. January 18, 2011 Cupertino City Council Page 8 Mike Ferreira spoke on behalf of the Loma Prieta Sierra Club and was in favor of 4A. He stated that he was impressed with the job that the Parks and Recreation Commission did to come up with a feasible design and project that was not at the expense of interest groups. Shani Kleinhaus of the Santa Clara Valley Audubon Society supported 4A. James Robenolt expressed gratitude and admiration of Phase I of the Stevens Creek restoration through Blackberry Farm. He indicated that he would like to see the same level of excellence through Phase II and not lose the funding available. He supports 4A. Deborah Jamison said she supported 4A because it is the most cost effective and also creates a hydrological and ecological, friendly ecosystem which is the purpose of the restoration. She urged council to take advantage of all funding available and accept the $1.2 million grant. Dale Compton supported option 4A. Ann Ng, member of board of Friends of Stevens Creek Trail, said she thought it makes sense to fix the creek first before continuing with Phase II. She supported option 4A. Barbara Stocklmeir showed a picture from 1995 of what water can do to the creek. She stated that she agrees with option 4A. She stated that she has an issue with where the trail • might end up on Stevens Creek as far as bicyclists go. She noted that there is a really hard, right turn down the driveway of a steep hill from the west side and that oil from cars might even make it worse. She stated that the bike path could just keep going the way it is which puts one on the other side of the creek to the golf course or it could go parallel to the home owners association on the back side of the creek restoration. She urged Council to consider the safety of children when considering the final destination of the bike path. Council asked questions of staff Action: Santoro moved and Mahoney seconded the following: 1. Authorize staff to initiate the design effort for Alternative 4A 2. Authorize the City Manager to negotiate and execute an amendment with SSA Landscape Architects for design services not to exceed $200,000 3. Authorize the City Manager to issue Letters of Intent to various granting agencies clarifying the City's intent to proceed with Alternative 4A and creek restoration 4. Authorize staff to initiate an environmental clearance process for the project The motion carried unanimously. Council member Chang stepped away from the dais before Ordinances. January 18, 2011 Cupertino City Council Page 9 ORDINANCES 18. Subject: Municipal Code amendments to be consistent with the 2007 -2014 Housing Element Recommended Action: Conduct second reading and adopt Ordinance No. 11 -2073 Description: Municipal Code Amendments (MCA- 2010 -06) to Chapter 19.48 (Planned Development (P) Ordinance), Chapter 19.72 (Private Recreation (PF) Zone Ordinance), Chapter 19.124 (Planned Development Permits, Conditional Use Permits and Variances Ordinance) and Chapter 20.04 (Specific Plans Ordinance) of the Cupertino Municipal Code to be consistent with the 2007 -2014 Housing Element; An Ordinance of the City Council of the City of Cupertino amending to Chapter 19.48 (Planned Development (P) zones), Chapter 19.72 (Private Recreation (FP) zone), Chapter 19.124 (Planned Development Permits, Conditional Use Permits and Variances) and Chapter 20.04 (Specific Plans) of the Cupertino Municipal Code to be consistent with the 2010 Housing Element" Mahoney moved and Wang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Santoro, Wang, and Wong. Noes: None. Absent: Chang. Mahoney moved and Wang seconded to enact Ordinance No. 11 -2073. Ayes: Mahoney, Santoro, Wang, and Wong. Noes: None. Absent: Chang. Council member Chang returned to the dais. STAFF REPORTS Deputy City Clerk Grace Schmidt reported that an unusually large number of applications were received for the city's advisory commissions. The City Council had already set aside Monday and Tuesday, January 25 and 26, at 6:00 p.m. to conduct the interviews, but the typical schedule of 8 minutes per interview resulted in the meetings going very late into the evening. She asked if the Council would like to retain the current schedule, which would result in the Tuesday meeting lasting until 11:50 p.m., or if they would like to adjust the schedule by starting earlier, shortening the interview time, or adding an additional day. The Council concurred to begin the interviews at 4:00 p.m. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. January 18, 2011 Cupertino City Council Page 10 ADJOURNMENT At 10:30 p.m., the meeting was adjourned to Monday, January 24 beginning at 4:00 p.m. for Commission interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue. c--- C: tom. i tt 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.