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CC 06-07-2011 <4 I9 .7` CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 7, 2011 ROLL CALL At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: Vice Mayor Mark Santoro. CLOSED SESSION 1. 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 Page: No written materials in packet 2. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 20488 Stevens Creek Blvd, # 2214, Cupertino, CA; Negotiators: Vera Gil and Aarti Shrivastava; Under negotiation: terms Page: No written materials in packet At 6:00 p.m. Council recessed to a closed session on these two items, and reconvened in open session at 6:45 p.m. Mayor Wong reported that on item No. 1, Council voted unanimously to accept the offer as presented for real property located at 10346 Scenic Circle Boulevard, Cupertino, and that the item would be placed on a future agenda for approval. For item No. 2, Wong reported that council gave direction to the real property negotiator at this time. 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 and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: Vice Mayor Mark Santoro. June 7, 2011 Cupertino City Council Page 2 CEREMONIAL MATTERS — PRESENTATIONS 3. Subject: Proclamations recognizing students who have been awarded the Organization of Special Needs Families (OSF) Presidential Award Recommended Action: Present proclamation Lihuei Wei thanked the council for recognizing the OSF volunteers and thanked the volunteers for their efforts to provide enrichment programs for children with special needs. Mayor Wong presented the proclamations to each of the volunteers. 4. Subject: Recognition and acknowledgment of Leadership 95014 class of 2011 Acting Parks and Recreation Director Julia Lamy thanked the council for their support of the program. Students from the class spoke about their experience and said that the program was very interactive, both within the class and in the community. It also provided networking opportunities, offered good leadership training, and was a rewarding experience. Mayor Wong recognized the Leadership 95014 participants. 5. Subject: Proclamation for Team Portal Flaming Falcons, fifth grade students from Murdock - Portal Elementary School, for their participation in the Destination Imagination (DI) Global Finals Mayor Wong presented proclamations to the students from Murdock -Portal Elementary School. 6. Subject: Proclamations recognizing the Santa Clara Valley History collaborative Mayor Wong presented proclamations to the Cupertino Historical Society, the Cupertino Library Foundation, and the Santa Clara Valley History Collaborative. 7. Subject: Presentation from the Fine Arts Commission The Fine Arts Commission representative was not able to attend this meeting, and no presentation was given. POSTPONEMENTS Item No. 27, abatement of brush, was tabled. The properties in question had been re- inspected and all the brush had been removed, so no action was needed. WRITTEN COMMUNICATIONS The City Clerk distributed copies of contracts for street sweeping, janitorial, and crossing guard services (Item Nos. 30, 31, and 32) and copies of maps related to redistricting for elections (Item No. 24). • June 7, 2011 Cupertino City Council Page 3 ORAL COMMUNICATIONS Steve Jobs, Apple Inc., gave a presentation regarding a new campus in Cupertino expected to be built on the former Hewlett Packard site and an additional property adjacent to it. Mr. Jobs stated that they plan to have 12,000 people working in the proposed four -story building. They planned would like to double the amount of landscaping, provide an underground parking garage, build an additional parking structure not higher than four stories high. He hoped they would be able to move into the facility in 2015. Council members expressed their appreciation to Mr. Jobs for his desire to build Apple's new campus in Cupertino. Ruby Elbogen announced that the Relay for Life event, a 24 -hour relay for cancer research would be held on July 16 -17 at the DeAnza College track. She noted that entertainment would be available throughout the event and invited everyone attend. Kim Firm updated the council about the 2 -1 -1 referral phone number and provided a description of the program. She also provided council with a hand out with information about 2 -1 -1 services. CONSENT CALENDAR Wang moved and Mahoney seconded to adopt the consent calendar items as proposed, with the exception of item No. 24, which was pulled for discussion. The motion carried by the following vote: AYES: Chang, Mahoney, Wang, and Wong. Noes: None. Absent: Santoro. 8. Subject: May 3 City Council minutes Recommended Action: Approve minutes 9. Subject: May 17 City Council minutes Regular Meeting Recommended Action: Approve minutes 10. Subject: May 17 City Council minutes Special Meeting Recommended Action: Approve minutes 11. Subject: May 25 City Council minutes Recommended Action: Approve minutes 12. Subject: Accounts Payable for period ending May 13, 2011 Recommended Action: Adopt Resolution No. 11-080 13. Subject: Accounts Payable for period ending May 20, 2011 Recommended Action: Adopt Resolution No. 11-081 14. Subject: Payroll for period ending May 13, 2011 Recommended Action: Adopt Resolution No. 11-082 June 7, 2011 Cupertino City Council Page 4 15. Subject: Payroll for period ending May 27, 2011 Recommended Action: Adopt Resolution No. 11 -083 16. Subject: Improvement Agreement, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Recommended Action: Adopt Resolution No. 11 -084 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 17. Subject: Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29- 036 Recommended Action: Adopt Resolution No. 11 -085 Description: Through the improvement agreement with the City, the applicant 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 18. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Recommended Action: Adopt Resolution No. 11 -086 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 19. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10239 Amelia Court, APN 326 -17 -063 Recommended Action: Adopt Resolution No. 11 -087 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 20. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10239 Ainsworth Drive, APN 326 -17 -064 Recommended Action: Adopt Resolution No. 11 -088 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 21. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10231 Amelia Court, APN 326 -17 -062 Recommended Action: Adopt Resolution No. 11 -089 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 22. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29 -036 Recommended Action: Adopt Resolution No. 11 -090 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 • June 7, 2011 Cupertino City Council Page 5 23. Subject: Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342 -17 -109 Recommended Action: Accept Municipal Improvements Description: The work included curb and gutter improvements ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 24. Subject: Consider making a recommendation to the County of Santa Clara Board of Supervisors regarding redistricting Wong reported that the Santa Clara County Board of Supervisors met at 1:30 on June 7 and that the county's next meeting regarding redistricting would be at 1:30 p.m. on June 21. Mahoney updated the council and described each of the four maps the county is considering. Jennifer Griffin thanked the council for reviewing the issue. Mahoney preferred maps one and two to leave Cupertino the way it is. He also supported the Jackie map. Wong supported maps one and two. Wang supported map one. Chang supported map one and the Jackie map Mahoney moved and Chang seconded to report back to the Board of Supervisors that the Council had reviewed the four maps that the Board intends to discuss on June 24; and based upon City Council review, and the city's previous issues with the communities of interest, the Council supported Map 1 and the Jackie map., but not the Kniss map nor the Sunnyvale E map. Wong offered a friendly amendment to specify that community of interest included the foothills, high tech jobs, the school districts, Lehigh Cement, the County Sheriff's Office, and Santa Clara County library services. Mahoney and Chang accepted the amendment. Wang offered a friendly amendment to support Map 1 and the Jackie map but also to but urge supervisors to also look into making the population even in each region, if possible. Mahoney and Chang accepted the friendly amendment. The final motion was to unanimously endorse Map 1, to include the communities of interest as discussed, and also endorse the Jackie map, in spite of the Council's concern about the imbalance in the populations of the various regions. The motion carried unanimously, with Council member Santoro absent. Mayor Wong re- ordered the agenda to hear item new business item No. 29 next. 29. Subject: Consider cosponsoring and granting a fee waiver to the United States Army for an event to be held on June 14, 2011 Recommended Action: Approve request Public and Environmental Affairs Director Rick Kitson reviewed the staff report. June 7, 2011 Cupertino City Council Page 6 Major Farren described the purpose of the Citizens Advisory Board. She noted that these advisory councils are leaders in the community who can advise them about the communities' priorities and how they can be most effective supporting the priorities. Chang moved and Wang seconded to waive the fee, which is approximately $320, and to co- sponsor the Silicon Valley Citizens Advisory Board event with in -kind staff support. The motion carried unanimously with Santoro absent. PUBLIC HEARINGS 25. Subject: Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2011 -2012 Mayor Wong opened the public hearing. There were no speakers and the hearing was closed. Mahoney moved and Wang seconded to adopt Resolution No. 11 -091. The motion carried unanimously, with Santoro absent. 26. Subject: Fiscal Year 2011/12 Budget Recommended Action: Review annual budget and receive public comments before adoption on June 21, 2011 City Manager David Knapp reviewed the staff report. Twana Karney, Green at Home Coordinator, reported that they have trained over 397 volunteers over five cities, and that residents have saved $50 -$86 dollars per year. She thanked the city for its foresight to join other cities receiving services. Mark Fink, Cupertino Librarian, thanked the city for supporting current funding of 10 hours per week in the proposed budget. He noted that funding for an additional 6 hours would be appreciated. Mr. Fink also shared upcoming changes in the county library district. He indicated that there would not be any impact to residents covered in the county system, but residents who reside outside the county system will need to purchase a library card for $80 per year to check out materials or to have unrestricted computer use. Those attending school where boundaries overlap Cupertino's district can have a free, limited -use card. The changes become effective on July 1. Derek Wolfgram also spoke regarding the projected income from the purchase of library cards and indicated that the amount is not expected to be enough to make very much difference in the overall budget. Jan Rindfleisch, Director of the Euphrat Museum of Art, urged council to approve the Euphrat's $15,000 request and thanked the city for the past year's contribution. Jennifer Griffin wanted to see the city create as many parks as possible and supports funding for sidewalks and trees. • June 7, 2011 Cupertino City Council Page 7 Wang requested that the COPS grant be included for the second School Resource officer on a contingency basis. Wang also noted that she'd like to see more content in the Cupertino Scene about green programs, and to identify options for reducing costs and delivery options. Staff said they would identify and report back with other ideas about Scene, such as including an insert in the local newspaper. Mahoney requested that funding for the Euphrai: Museum be returned to the $15,000 level. Chang requested that $50,000 be added to the budget to fund an independent study about Lehigh Cement Plant, adding funding for six additional library hours, adding $50,000 to collect health data associated with Lehigh, and $15,000 in funding for the Euphrat Museum. Wong requested adding "Our City Forest ", additional crossing guards within the city limits, spruce up the tree in front of the Quinlan Center during the holidays, and funding for an additional six hours for the library. Council requested clarification for the following: - Breakdown of fireworks event - Breakdown of festival funding with prior year expenditures included. - Contracting with Marsha Hovey Mahoney stated that he would like to hear from any advocates regarding capital projects, such as a dog park. He expressed interest in hearing more from anyone interested in any of the capital projects and felt it was important to reach out to constituencies such as the Chamber to make sure they are being represented. Council recessed from 10:25 to 10:35 p.m. UNFINISHED BUSINESS - None NEW BUSINESS 27. Subject: Objections to proposed removal of brush and order abatement of public nuisance Recommended Action: Adopt Resolution No. [1-092 Description: City -wide brush abatement pursuant to provisions of Ordinance No. 724 and Resolution No. 11 -079 The City Clerk reported that the properties in question had been re- inspected and all the brush had been removed, so no action was needed. Wang moved and Mahoney seconded to table this item. The motion carried unanimously, with Santoro absent. June 7, 2011 Cupertino City Council Page 8 28. Subject: Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two City Council seats Recommended Action: Adopt Resolution No. 11 -093 Description: Kris Wang will be termed out and Gilbert Wong is eligible to run for one additional four -year term Mahoney moved and Chang seconded to adopt Resolution No. 11 -093. The motion carried unanimously with Santoro absent. 30. Subject: 2011 Contractual Street Sweeping Services Recommended Action: Review bids and award contract for Street Sweeping Services, Project No. 2011 -02 to Contract Sweeping Services, Inc. in the amount of $117,097.68, and approve a contingency of $20,000 to cover extra sweeping that may be required on the commercial route, for a total of $137,097.68 Assistant Director of Public Works Roger Lee reviewed the staff report. Mahoney moved and Wang seconded to award the contract to Contract Sweeping Services, Inc. as proposed. The motion carried unanimously with Santoro absent. 31. Subject: 2011 Contractual Janitorial Services Recommended Action: Review bids and award contract for Janitorial Services, Project No. 2011 -01 to Clean Innovation, Inc. in the amount of $373,800.00 Assistant Director of Public Works Roger Lee reviewed the staff report. Wang moved and Mahoney seconded to award the contract to Clean Innovation, Inc. The motion carried unanimously with Santoro absent. 32. Subject: 2011 Contractual Crossing Guard Services Recommended Action: Review bids and award contract for Crossing Guard Services, Project No. 2011 -03 to American Guard Services, Inc. in the amount of $118,540.80 Assistant Director of Public Works Roger Lee reviewed the staff report. Mahoney moved and Chang seconded to award the contract to American Guard Services. The motion carried unanimously with Santoro absent. 33. Subject: Schedule study session to consider Capital Improvement Projects (CIP) Recommended Action: Consider one of the following dates for the study session: June 13 at 3pm, June 15 at 4pm, or June 21 at 4pm in Community Hall Jennifer Griffin expressed concerned about status of the potential purchase of the Lawrence Mitty Park. City Manager David Knapp gave a brief update regarding the history of the Lawrence Mitty property. June 7, 2011 Cupertino City Council Page 9 Council concurred to meet on June 15 at 6:45 p.m. Mahoney moved and Chang seconded to schedule a study session to discuss CIP projects on June 15 at 6:45 p.m. The motion carried unanimously with Santoro absent. ORDINANCES 34. Subject: Second reading of Ordinance regarding stop sign on Bandley Drive at Mariani Avenue Recommended Action: Conduct second reading and enact Ordinance No. 11 -2078: "An Ordinance of the City Council of the City of Cupertino 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 Maria:rii Avenue Mahoney moved and Wang seconded to read ordinance No. 11 -2078 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Wang, and Wong. Noes: None. Absent: Santoro Mahoney moved and Wang seconded to enact Ordinance No. 11 -2078. Ayes: Chang, Mahoney, Wang, and Wong. Noes: None. Absent: Santoro STAFF REPORTS COUNCIL REPORTS Mahoney invited everyone to attend the World Journal Father's Day event June 19 at Memorial Park. Chang reported that he attended an ad hoc committee meeting between the City of Los Altos, the Town of Los Altos Hills, and the California Regional Water Quality Control Board regarding Lehigh Cement. He noted that the water board did not attend the meeting. He also expressed concern that Lehigh pollutes the air and does not provide notice to Cupertino. He stated that he would be attending a meeting in Sacramento regarding public hearings. Mahoney noted that Lehigh held a press conference regarding its implementation of a new process for eliminating mercury by 90% two years in advance of the new EPA requirements. Wong attended the Quota Club board installation of new president, DeAnza College's new child development center, and CREST Awards. Wong reminded council of the June 21 redistricting meeting at the county and requested that council keep their calendars open to begin the June 21 council meeting at 3:00 p.m. if needed for budget. June 7, 2011 Cupertino City Council Page 10 ADJOURNMENT At 11:25 p.m., the meeting was adjourned to Wednesday, June 15 beginning at 6:45 p.m. for a special study session to discuss capital improvement project priorities, Cupertino Community Hall, 10350 Torre Avenue. Kimberly Smith ty Jerk 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. June 7, 2011 Cupertino City Council Page 11 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.