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CC 11-06-06 ITY f CUPEIQ"INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, November 6,2006 ROLL CALL At 6:30 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang (6:32 p.m.), and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval (6:32 p.m.) Absent: none. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Bettv Levi vs. City ofCupcrtino. (No documentation in packet). At 6:31 p.m. Council recessed to a closed session and reconvened at 6:45 p.m. The City Attorney announced that the City Council had met with the city's representative in closed session and recommended approval to resolve the case along the lines discussion in the closed session. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. CEREMONIAL MATTERS - PRESENTATIONS 2. Proclamation recognizing Martin Bishop. (No documentation in packet). Council members watched a videotape highlighting Mr. Bishop's contributions toward improving the Santa Clara County Paratransit plan as well as negotiating cable television discounts for disabled and elderly very-low income customers. Mayor Richard Lowenthal presented Mr. Bishop with a proclamation. November 6,2006 Cupertino City Council Page 2 3. Proclamation for outstanding library services. (No documentation in packet). Mayor Richard Lowenthal presented the proclamation to Melinda Cervantes in recognition of the Cupertino Library's first place ranking from Hennen's American Public Library Ratings. 4. Proclamation to Santa Clara County Librarian Marv-Ann Wallace in recognition of 35 years of service. (No documentation in packet). Mayor Richard Lowenthal presented the proclamation to Ms. Wallace, and on behalf of Cupertino Library Foundation, Barbara Rogers presented her with a bouquet of roses. 5. E-services presentation regarding the City MapGuide. (No documentation in packet). This item was continued to a later date. POSTPONEMENTS - None WRITTEN COMMUNICATIONS The City Clerk distributed a page (25-6A), regarding the Regional Housing Needs Allocation formula, which was missing from the Council packet. ORAL COMMUNICATIONS Chihua Wei, Housing Commissioner, said the purpose of the Organization of Special Needs Families is to help families and children with developmental disabilities, especially helping to integrate them into the community. He thanked the City Council for its support and the Cupertino community for its warm welcome. Mr. Wei invited the public to attend the annual fundraising dinner on November 19, in which the children will be performing in an international family show. Deborah Hill said that many of the City's major streets are unsafe during commute hours, especially to students leaving De Anza Boulevard, and that bicyclists are particularly at risk. Winter weather and darkness will only increase the hazard, and she asked for more Sheriffs Office patrols. Ram Gopal, complained that someone had stolen the election-related signs he had on his lawn, and that a neighbor's door had been sprayed with paint. He said the matter has been reported to the Sheriffs Office. CONSENT CALENDAR Sandoval/Kwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.9, which was pulled for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. November 6,2006 Cupertino City Council Page 3 6. Approve the minutes from the October 17 and 18 City Council meetings. 7. Adopt resolutions accepting Accounts Payable for October 13 and 20, Resolution Nos. 06-176 and 06-177. 8. Adopt a resolution accepting Payroll for October 20 Resolution No. 06-178. 10. Accept applications for an Alcoholic Beverage License: a) Strike Cupertino VFP LLC, 10123 N. Wolfe Rd. (Vallco Fashion Park) b) Una Mas, 21267 Stevens Creek Blvd. (Oaks Shopping Center) 11. Adopt resolutions expressing intent to vacate rights of way: a) McClellan Road and Madrid Place, Resolution No. 06-180 Excess road right of way along McClellan Road at Madrid Road is to be vacated by the City and annexed to the property at 21988 McClellan Road. A public utility easement will be maintained over the land. The resulting McClellan Road right of way will better match the McClellan Road roadway alignment. The developer of the land division and single family dwelling at 21988 McClellan Road will be required to landscape the annexed area. b) Dolores Avenue, Resolution No. 06-181 Excess road right of way along Dolores A venue at Byrne A venue is to be vacated by the City and annexed to the property at 21926 Dolores A venue. The resulting Dolores A venue right of way will better match the future Dolores A venue roadway alignment. 12. Adopt a resolution approving a final parcel map, 10760 S. Stelling Road, Lands of Jauch, APN 359-22-062, Resolution No. 06-182. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 13. Adopt resolutions approving improvement agreements: a) Stevens Canyon Villas, LLC, Stevens Canyon Road and St. Andrews Avenue. APN(s) 356-03-001; 356-03-045,046,047, and 048, Resolution No. 06-183 Through an improvement agreement with the City for multi-family/single-family development building permit, these applicants will be obligated to bond and November 6, 2006 Cupertino City Council Page 4 construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. b) Cupertino Square, LLC, 10123 North Wolfe Road, Suite #EPS4 (l.C. Penney Parking Structure), APN 316-20-037, Resolution No. 06-184 Through an improvement agreement with the City for a parking structure building permit, these applicants will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, and sidewalk, along the street frontage of their building site. 14. Adopt a resolution amending the Alcohol & Drug Abuse Policy from Part II, Section 2 of the Administrative Rules and Regulations of the Personnel Code, Resolution No. 06-185. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 9. Accept the Treasurer's Budget report for September 2006. This item was corrected to read the Treasurer's Investment report. Wang/Kwok moved and seconded to accept the report. The motion carried unanimously. PUBLIC HEARINGS - None UNFINISHED BUSINESS 15. Consider adopting a resolution implementing the General Plan Policy 2-42: Revenue Analysis of Office Developments, Resolution No. 06-186. Mahoney/Wang moved and seconded that the Fiscal Strategic Plan Committee would meet with the City Attorney to review its recommendations, and to continue this item to December 5. The motion carried unanimously. NEW BUSINESS 16. Authorize the City Manager to negotiate and execute a minor amendment to the contract with Life Time Tennis, which insures that the City earns equivalent income for lessons given by Life Time Tennis at De Anza College. K wok/Sandoval moved and seconded to authorize the City Manager to execute the contract amendment. The motion carried unanimously. November 6,2006 Cupertino City Council Page 5 17. Consider recommendations from the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN) to enhance the City's Risk Management Program: a) Adopt a resolution adopting a Risk Management Policy, Resolution No. 06-187 b) Conduct the first reading of Ordinance No. 06-1988: "An Ordinance of the Cupertino City Council Adding Chapter 1.18 to the Cupertino Municipal Code Regarding the Administration of Claims" Wang/Sandoval moved and seconded to adopt Resolution No. 06-187. The motion carried unanimously. The City Clerk read the title of the ordinance. Wang/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 18. Approve mid-year budget adjustments for fiscal year 2006/07. Sandoval/Kwok moved and seconded to approve the mid-year budget adjustments for fiscal year 2006/07 as recommended in the staff report; specifically that the pool car should be a hybrid vehicle and not a standard gasoline-powered vehicle; and asked that the next round of budget adjustments in January include $50,000 for Barnhart and Sterling park items. The motion carried unanimously. The list of approved transfers included repair of the Quinlan Community Center fountain; software for improved community notification; software for agenda management; a community outreach database; a computer network upgrade; a hybrid fleet vehicle; the preliminary design of Barnhart and Sterling Park; and improvements to the McClellan Ranch facility. Jennifer Griffin asked the Council to secure the land where the water tanks are now stored and to clean up the area along Lawrence expressway which is currently used as a storage area by the County Roads and Airports division. She said there are several toilets under the debris, and one mound has been covered in plastic for years. 19. Provide policy direction regarding the commercial sale of art on public property. Kwok/Wang moved and seconded to direct the Fine Arts Commission to prepare policy and procedures governing the commercial sale of art on public property, and also directed that the Fine Arts League of Cupertino (F ALC) may re-post the price of artwork on display in the Quinlan Community Center until a formal policy clarifies the situation. The motion carried unanimously. November 6, 2006 Cupertino City Council Page 6 20. Adopt a resolution approving the 2006-07 Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 06-179. Administrative Services Director Carol Atwood explained that the Fremont Union High School District and Cupertino Union School District have each contributed $10,000 toward the costs of a second School Resource Officer for the 2006-2007 school year, and the request was for the City to authorize the expenditure of $104,792 in COPS grant funds to pay the remainder of the cost. Sandoval/Mahoney moved and seconded to approve the Santa Clara County Sheriff s request for the expenditure grant funds. The motion carried unanimously. 21. Adopt a resolution authorizing the City Manager to negotiate and execute an extension of an existing lease agreement between the City and Pacific Bell Wireless. LLC for an antenna site at the City's Service Center, Resolution 06-188. Assistant Director of Public Works Glen Goepfert explained that the request is for a 5- year extension of the Antenna Site Lease Agreement between the City of Cupertino and TMO CA/NV, LLC, (formerly Pacific Bell Wireless, LLC), dba T-Mobile USA, Inc. Wang/Kwok moved and seconded to adopt Resolution No. 06-188 authorizing the City Manager to execute the 5-year extension to the lease. The motion carried unanimously. 22. Conduct the first reading of Ordinance No. 06-1989: "An Ordinance of the Cupertino City Council amending Chapter 11.27. Section 11.27.145 of the Cupertino Municipal Code regarding the designation of preferential parking zones to remove preferential parking from Wheaton Drive and Bilich Place." The Council members concurred that there would be no refund of the previously charged parking permit fee. The City Clerk read the title of the ordinance. Mahoney/Wang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 23. Conduct the first reading of Ordinance No. 06-1990: "An Ordinance of the Cupertino City Council amending Chapter 11.24. section 11.24.150, parking prohibited along certain streets, to include portions of Santa Lucia Road." The City Clerk read the title of the ordinance. Mahoney/Wang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. November 6,2006 Cupertino City Council Page 7 24. Conduct the first reading of Ordinance No. 06-1991: "An Ordinance of the Cupertino City Council amending Chapter 11.24, section 11.24.170, stopping. standing. and parking limitations on certain streets, to include portions of Rollingdell Drive and delete portions of Stevens Creek Boulevard." Assistant Public Works Director Glen Goepfert explained that this ordinance addresses two separate and unrelated areas in the community. He noted that there is generally no parking allowed along Stevens Creek Boulevard, although the specific plan does encourage it in some cases. He said it is not practical to allow parking on the street in front of the new Whole Foods Store. The City Clerk read the title of the ordinance. Mahoney/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 25. Authorize the Mayor to send a letter on behalf of the City Council supporting the proposed Association of Bay Area Governments (ABAG) Regional Housing Needs Allocation (RHNA) formula. The City Clerk distributed a page (25-6A) that was missing from the Council packet. Community Development Director Steve Piasecki reviewed the staff report and explained that the RHNA Committee allocated housing units based on housing unit growth, existing and projected jobs, and projected growth around transit stations. The new number is based on projections for 2007, which significantly reduced the projected job generation in Cupertino by 8,000 jobs. The combination of the formula and revised projections resulted in an allocation to Cupertino of 1,084 housing units versus 2,720 units, which were allocated in the previous RHNA formula. He said the final number will be issued by the State of California next year, and it could be higher or lower than the new number of 1,084 housing units. Jennifer Griffin said she was pleased to see that the numbers have lowered to reflect the fewer number of jobs in the area. She urged Council to protect suburban areas and high- tech parks. Deborah Hill said she was concerned about the amount of new housing that is proposed in the community, and felt that the Council should work to save the hillsides and protect open space. Sandoval/Wang moved and seconded to authorize the Mayor to send a letter on behalf of the City Council supporting the proposed RHNA fonnula. The motion carried unanimously. November 6, 2006 Cupertino City Council Page 8 26. Confirm City Council meetings (No documentation in packet): Sandoval!Kwok moved and seconded that on Tuesday, December 5 the Council will meet for ceremonial items, and to select a mayor and vice mayor. On Wednesday, December 6, the Council will meet to discuss business items. Both meetings will begin at 6:45 p.m. ORDINANCES - None ST AFF REPORTS Community Development Director Steve Piasecki showed the award that the City received from the Silicon Valley Business Journal. He said that Cupertino was the runner-up for the Best Mixed Use Project in Silicon Valley. He explained that the award was not solicited, but was granted in recognition of the hard work done by the original developers, Hunter/Storm, the current builders Taylor Woodrow and Silverstone, as well as the City Council, Planning Commission, staff and residents who participated in the project. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9: 16 p.m. the meeting was adjourned. NOTE: The Council meeting of November 21 has been canceled. The next meeting will be December 5, 6:45 p.m., for the selection and swearing-in of the new mayor and vice-mayor. An additional meeting will take place on December 6 for business items. For more information: Staff reports, backup materials, and items distributed at the 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/ City Council! Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.