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CC 05-03-11CUPERTINO ROLL CALL MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 3, 2011 At 5:06 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. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. BOARDS AND COMMISSIONS INTERVIEWS 1. Interview applicants for unscheduled vacancies on the Fine Arts Commission (FAC) and the Telecommunications, Information and Communications Commission (TICC). The City Council interviewed Beverly Siegel, Reena Nadkarni, Chris Zhang, Vadhri Srinivas, Rajeswari Mahalingam, and Marvin Spielman, and concurred to appoint Rajeswari Mahalingam to an unscheduled vacancy on the FAC, with a partial term ending January 2013, and +Marvin Spielman to an unscheduled vacancy on the FAC, with a full term ending January 2015; and to appoint Reena Nadkarni - to an unscheduled vacancy on the TICC, with a partial term ending January 2012. RECESS CLOSED SESSION At 6:30 p.m., City Council recessed to a closed session to discuss the following item in closed session. 2. Subject Conference with Real Property Negotiator (Gov't Code 54956.8) Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014 Negotiator: Carol Atwood Under negotiation: terms Mayor Gilbert Wong announced that City Council heard the briefing and gave instructions to the real property negotiator. May 3, 2011 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:45 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, Orrin Mahoney, and Kris Wang. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 3. Subject Proclamation recognizing the "Smarty Six" at Regnart School Recommended Action Present the proclamation Description The Smarty Six is a group of students from Regnart School. They won first place in the Silicon Valley Region Tournament, were honored with the DaVinci Award For Outstanding Creativity, and took second place in their division at the state tournament, advancing them to the finals in Tennessee. Mayor Wong presented the proclamation to Vincent Lim, Ashvin Irrinki, Angela Chu, Rohan Shinkre, Shreya Maanavi and Brett Park and congratulated them on their achievements. The second and third grade students described the experience as very exciting and said that they all had a good time working on their creative and problem solving projects. They announced that the finals would be held the last week of May and would include 100 world -wide teams. 4. Subject Proclamation declaring May 2011 as Foster Care Month in Cupertino Recommended Action Present the proclamation Mayor Wong presented the proclamation to Jane Ramirez, her foster child Bella, and Foster Care Recruiter Juliana. Juliana thanked the Council for their recognition of Foster Care Month and the important work of foster care. 5. Subject Presentation from the Teen Commission Recommended Action Receive presentation Parks and Recreation Director Mark Linder introduced staff liaison Lauren Phillips and Teen Commission Chair Shailee Samar. Other Teen Commissioners present were Hadar Sachs, Kylar Sunham and Anon Novatee. The Commissioners talked about five of their projects including the Giving Tree Holiday Event, Teen Center Lounge Nights, 2012 Anti - Tobacco Conference, Collaboration with other Commissions, and WOW (Walk One Week). The Commissioners stated that the Giving Tree Holiday Event had been very successful with special thanks to Kennedy School students for their outstanding participation in this project. They were continuing to hold Teen Center Lounge Nights which included free food and games and a chance for teens to get together. They were also working with the Santa Clara Teen Commission on the 2012 Anti - Tobacco Conference, and were continuing to work with other cities and other Cupertino commissions on subjects of mutual interest. Their major project was WOW and to date they had been very successful. The two -week spring WOW event included the elementary and middle schools and had 1,200 participants. The high May 3, 2011 Cupertino City Council Page 3 school WOW event was scheduled for May 15 -20. The Commission provided prizes, banners and brochures and the goal was to have the schools organize their own WOW programs. The Commission also had recommended two schools, Eton Elementary and Lawson Middle, to receive awards for their outstanding contributions to the WOW program. Mayor Wong presented trophies to representatives from Eton and Lawson and thanked them for their efforts with the WOW program and Council thanked the Teen Commission for their enthusiasm and accomplishments. The Council received the report, and no action was taken. POSTPONEMENTS — None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • A copy of the agenda with amended draft resolution numbers on items 26 and 30 • A chart titled Housing Commission Recommendations for item No. 23 • A copy of the staff PowerPoint for the Green Building Ordinance, and copies of emails from Mr. Myron Crawford stating his opposition to the proposed ordinance • An amended ordinance regarding smoking in recreational areas ORAL COMMUNICATIONS - None CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended. The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 6. Subject April 6 City Council minutes Recommended Action Approve minutes Subject Accounts Payable for period ending March 25, 2011 Recommended Action Adopt Resolution No. 11 -056 8. Subject Payroll for period ending April 1, 2011 Recommended Action Adopt Resolution No. 11 -057 9. Subject Accounts Payable for period ending April 1, 2011 Recommended Action Adopt Resolution No. 11 -058 10. Subject Accounts Payable for period ending April 8, 2011 Recommended Action Adopt Resolution No. 11 -059 11. Subject Accounts Payable for period ending April 15, 2011 Recommended Action Adopt Resolution No. 11 -060 May 3, 2011 Cupertino City Council Page 4 12. Subject Payroll for period ending April 15, 2011 Recommended Action Adopt Resolution No. 11 -061 13. Subject Approve destruction of records from the Finance and Code Enforcement departments Recommended Action Adopt Resolution No. 11 -062 14. Subject : Treasurer's Investment and Budget Report for quarter ending March 2011 Recommended Action Accept the report 15. Subject Annual adoption of City Investment Policy Recommended Action Adopt the City Investment Policy as of May 3, 2011. 16. Subject : Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action Adopt Resolution No. 11 -063 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 17. Subject Municipal Improvements, Kong -Yen Han and Sue -Jane Han, 21881 Dolores Avenue Recommended Action Accept Municipal Improvements Description The improvements included sidewalk, curb & gutter and driveway approach work in the City right of way 18. Subject Improvement Agreement, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action Adopt Resolution No. 11 -064 Description Through the improvement agreement with the City, the applicants for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site 19. Subject Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue Recommended Action Adopt Resolution No. 11 -065 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 20. Subject Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave Recommended Action Adopt Resolution No. 11 -066 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 21. Subject Stevens Creek Corridor Project Phase II grant application for Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding May 3, 2011 Cupertino City Council Page 5 Recommended Action Adopt Resolution No. 11 -067, authorizing allocation of TDA Article 3 funding 22. Subject Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11 -12 Recommended Action Adopt Resolution Nos. 11 -068 and 11 -069 Description Current agreements June 30, 2011 and new agreements have been approved by the County of Santa Clara and presented to the Fifteen cities for approval 23. Subject Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election Recommended Action Adopt Resolution No. 11 -070 setting a voluntary expenditure cap of $28,000 for the election of 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 24. Subject Community Development Block Grant (CDBG) funds, Human Service grants and FY 2011 Annual Action Plan. Recommended Action Conduct public hearing; and 1. Adopt Resolution No. 11 -071 approving the allocations for the use of the 2011 -2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011 -12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). Description This is the second of two required public hearings regarding use of 2011 -12 CDBG funds, Human Service grants and FY 2011 Annual Action Plan Mayor Wang opened the public hearing at 7:46 p.m. There were no speakers, and the hearing was closed at 7:47 p.m. Mahoney moved and Chang seconded to adopt Resolution No. 11 -071. The motion carried unanimously. 25. Subject Green Building Ordinance, MCA - 2010 -04, and amendment to the City's Fee schedule Recommended Action 1. Conduct first reading of Ordinance No. 11 -2076 amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code to Include Local Green Building Requirements (Attachment A); and 2. Adopt draft Resolution No. 11 -072 amending the City's adopted Fee Schedule to incorporate Green Building deposit fees (Attachment B). Senior Planner Aki Honda reviewed the staff which report and provided an update on the key components and changes to the ordinance that council requested on February 1, 2011. Walker Wells of Global Green reported that the $2 per square foot for commercial projects was to set a level for the refundable deposit, simplify the process, and provide an incentive. Myron Crawford, Berg and Berg, stated his opposition to the proposed ordinance because California Green Code is already in place. Ile noted that additional costs are assessed to May 3, 2011 Cupertino City Council Page 6 businesses repeatedly and suggested that the City stay with the California Green Code to see how it works out first. Darcy Paul, representing the Chamber of Commerce Legislative Action Committee expressed concern about the elevated costs for businesses. He also stated that the Chamber was pleased with modifications to the ordinance terminology and adding the alternative reference. He also suggested that defining the building official to the alternative reference would be good. David Kaneda, former Planning Commissioner, spoke in favor of the ordinance. Jennifer Griffin praised the city for the good work over the past two years with respect to the green ordinance. She stated her opposition to giving builders incentives such as floor to area ratio and parking spaces. Mahoney was in support of the ordinance as revised. Santoro supported approval of the ordinance in one year to allow time for the community to be educated about the changes and provide council with feedback. He recommended changing residents greater than nine to say residents, change residents to be city verification only, and to provide more incentives such as a faster process. Mahoney agreed with changing single and multi - family residential fewer than nine units to be city review only due to the high cost of outside certification. He indicated that he was not in favor of waiting for one year to implement, but did not have a strong feeling about a delay. Wang preferred to have an educational period and was in favor of a one year delay with the intention of passing the ordinance at that time. Chang was opposed to a delay. Council took a straw vote regarding single family complex fewer than nine units receiving city review or no requirement; Chang, Mahoney, and Wong were in favor. A second straw vote was held about delaying implementation of the ordinance; Santoro, Wang, and Wong were in favor of a delay. Santoro moved and Wang seconded that MCA 2010 -04 be approved with language revisions; residential less than nine are exempt from additional City requirements; and that the ordinance will not take effect for 12 months after council review with the intent that the ordinance will go into effect at that time. Chang noted that the green building ordinance had been going on for more than a year and indicated that he felt it was a mistake to delay action. He stated he would not vote for the ordinance as proposed. Mahoney agreed. The Council members concurred that the first reading of the ordinance would occur after a one year community education period and council review. May 3, 2011 Cupertino City Council Page 7 UNFINISHED BUSINESS — None RECESS - 9:08 p.m. to 9:18 p.m. NEW BUSINESS 26. Subject 2011 Cupertino Bicycle Transportation Plan Recommended Action Adopt Resolution No. 11 -073 approving the 2011 Cupertino Bicycle Transportation Plan Senior Civil Engineer and staff liaison for the Bicycle Pedestrian Commission David Stillman stated that this was a long -range planning document that set policy for the build -out of bicycle infrastructure. The current bicycle plan was been done in 1998 and certain funding sources required an update of the plan, which focused on environment, engineering, encouragement, education and enforcement. The next steps included proceeding with funding opportunities, and revisiting and updating the plan within five years. The application for the implementation of each bikeway would be brought back to Council including sensitive issues such as the possible removal of parking or stop signs. In conclusion Mr. Stillman noted that Cupertino had received the prestigious award of Bicycle Friendly Community Status by the League of American Bicyclists. Mahoney stated that a correction needed to be made in the final document. The reference to $7 million for the bridge needed to be changed to $2 million. He also suggested adding wording about the college and city working together to integrate the plan on college property. William Chan, Chairman of the Cupertino Bicycle Pedestrian Commission, noted the Commission had worked for a long time on this plan and he stated their support. He also noted that it was a vehicle to get important funding. Jennifer Griffin noted that this plan dealt with the city as a whole which was important and she supported it. She also urged the city to be sensitive to existing neighborhoods and notify the residents of any impacts from the implementation of this plan. Ann Ng thanked present and past members of the Bicycle Pedestrian Commission and stated her support of this plan. Santoro moved and Mahoney seconded to (1) Add a section to the Bicycle Transportation Plan stating "The City of Cupertino will collaborate with DeAnza College toward a better integration of the bicycle plan with routes through the college campus.; and (2) Adopt Resolution No. 11 -073 approving the 2011 Cupertino Bicycle Transportation Plan as amended. The motion carried unanimously. 27. Subject Consider an ordinance to regulate smoking in recreational areas. Recommended Action Conduct the first reading of Ordinance No. 11-2077 of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Parks and Recreation Director Mark Linder reviewed the staff report. May 3, 2011 Cupertino City Council Page 8 Janet Ghanem, representing Breathe California, spoke in support of the proposed ordinance. John Zwaanstra, a retired physician specializing in pulmonary disease, spoke in support of the ordinance. Carol Baker, resident of Cupertino and honorary life member of the American Cancer Society Board of Directors of the California division, spoke in support of the ordinance. Chang supported the ordinance and suggested 100 feet from public area with an exception for private property which backs up to public property. Santoro expressed concern that the ordinance did not receive input from the Parks and Recreation and Public Safety Commissions and questioned the non - smoking types of products and the difference in limits such as 25 or 20 feet. Wang supported the ordinance with respect to health aspects, questioned limits related the city borderlines and whether in parks and playgrounds. Mahoney was not in support of a city wide ban or a ban on electronic cigarettes and non- smoking tobacco products. He supported the 25 feet limit with an exemption for private property. Wong noted that he supports input from Public Safety Commission, but felt this subject matter was important enough to move forward. He supported a compromise with 25 feet from the boundary of parks, with exemption for private residential, electronic cigarettes, and non - smoking tobacco products. Mahoney moved to approve the ordinance for 25 feet from park boundaries except where it encroaches upon private property and with an exemption for electronic cigarettes and non- smoking tobacco products. Wang seconded for discussion. Discussion followed regarding non - smoking tobacco products and electronic cigarette vapors. Mahoney confirmed that the ordinance should not include electronic cigarette vapors and non - smoking tobacco products. The City Clerk read the title of the ordinance. Mahoney moved and Chang seconded to read the ordinance by title only as amended by council discussion, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. 28. Subject Consider changing the budget study session scheduled for May 16, and confirm the date for the City Manager evaluation Recommended Action Select a study session date of May 23 or later; confirm date and time of City Manager evaluation currently set for May 16 May 3, 2011 Cupertino City Council Page 9 The Council members concurred to conduct the budget study session on Monday, May 23, 3:00 p.m., in the City Council Chambers, and the City Manager evaluation will immediately follow that study session, in Conference Room A. 29. Subject Consider an ordinance to place stop signs on Bandley Drive at Mariani Avenue Recommended Action Conduct first reading of Ordinance No. 11 -2078, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Mariani Avenue Public Works Director Timm Borden recommended placing a stop sign on Bandley Drive at Mariani Avenue due to the large number of accidents dealing with left turns, more pedestrian activity, high speeds on Bandley, and limited visibility because of the curve on the road. Daniel Nguyen, Public Safety Commissioner, said that to his knowledge, stop sign issues had never come before the commission, but the commission would be glad to include that topic in their work program. William Chan, Bicycle Pedestrian Commission, indicated that the issue did not officially come before the commission, but felt that the commission would be in favor of placing a stop sign on Bandley Drive. Discussion followed regarding when it is advisable to obtain commission recommendations. City Manager David Knapp explained that liability issues need more engineering judgment, and controversial issues need commission and public input. The City Clerk read the title of the ordinance. Chang moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. RECESS - 10:50 p.m. to 11:03 p.m. 30. Subject : Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Recommended Action Consider adopting Resolution No. 11 -2079 clarifying the conditions under which teleconferencing may be used. Jennifer Griffin asked why this item had been put on the agenda. While she understood it was done in other larger cities she was unclear as to the need for it in Cupertino. City Manager David Knapp stated that he had put this on the agenda for clarification purposes. The topic had been raised in certain Council discussions and the proposed resolution included the minimum requirements as stated in the Brown Act for teleconferencing. Council Members Mahoney, Santoro, Wang and Wong discussed the issue and agreed that while they had no strong feelings about this proposal, there may be rare occasions when it would be beneficial to the city to have it in place. Council Member Chang stated that he was strongly opposed to teleconferencing. He noted that he had been elected to represent the May 3, 2011 Cupertino City Council Page 10 residents and to be available at the meetings. He believed that much of the body language was in teleconferencing. Congress and the Assembly had to be present to vote, and unless the voters of Cupertino stated otherwise, that was how he believed it should be in Cupertino. Mahoney moved and Wang seconded to adopt Resolution No. 11 -074 with the following amendments: 1) Include a requirement that only one Council Member could teleconference at a meeting; 2) Include a statement that teleconferencing must be in compliance with the Brown Act, as amended; 3) Include a policy statement that teleconferencing is strongly discouraged; and 4) Include the following sentence: "One week advance written notice must be given by the Council Member to the City Clerk's office; the notice must include the address at which the teleconferenced meeting will occur, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location." The motion carried 4 -1 with Council Member Chang voting no. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the Cherry Blossom Festival, Taiwan Sister City trip, Silicon Valley Korean School, and League of California Cities Bocce ball event. Mayor Wong asked staff to include on a future Council meeting include a discussion about establishing a policy for time limits associated with the initial stage of the Petition for Reconsideration hearing, to determine if the five criteria for a substantive discussion had been met. ADJOURNMENT At 11:45 p.m. p.m. the meeting was adjourned. Kimberly Smith, C' Cle k 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.ory, 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.