04. Draft Minutes
CUPEIUINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, December 5, 2006
ROLL CALL
Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick
Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none.
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
A moment of silence was held for Michael Gottwald's mother, Lee, who passed away recently.
CEREMONIAL PRESENT A TIONS
Mayor Lowenthal presented a proclamation to Ann Woo, director of the Chinese Performance
Artist's Association (CP AA), for its cultural contributions to Cupertino.
1. Proclamations for Assemblywoman Rebecca Cohn and Santa Clara County Supervisor
Liz Kniss for their support of Assembly Bill 117, Cohn. Tax Equity Allocation formula:
County of Santa Clara.
Mayor Lowenthal presented a proclamation to Supervisor Liz Kniss noting her role in
helping Cupertino with tax equity allocation.
POSTPONEMENTS
Kwok/Sandoval moved and seconded to postpone item 5 regarding General Plan Policy 2-42 to
January 16, as recommended by staff. The motion carried unanimously.
ELECTION OF MAYOR AND VICE-MAYOR
2. Council members elect Mayor.
Sandoval/Mahoney moved and seconded to elect Kris Wang to the position of Mayor.
The motion carried unanimously.
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3. Council members elect Vice Mayor.
Mahoney/Wang moved and seconded to elect Patrick Kwok to the position of Vice
Mayor. The motion carried unanimously.
OATHS OF OFFICE
4. New Council officers take the Oath of Office.
Santa Clara County Superior Court Judge Ron de Pozzo administered the Oath of Office
to Vice Mayor Kwok.
Supervisor Liz Kniss administered the Oath of Office to Mayor Kris Wang.
COMMENTS BY NEW MAYOR
Mayor Wang introduced the distinguished guests in the audience including Supervisor Liz Kniss;
Judge de Pozzo; former Mayors Barbara Rogers, Michael Chang, and Sandy James; Commander
Hirokawa; Captain Terry Calderone; Mark Liao, Director of Taipei, Economic and Cultural
office; Mark McKenna, Chamber of Commerce president; and the mayor of Sunnyvale.
Mayor Kris Wang introduced her family and friends, and thanked them for their support and in
sharing this honor with her. She said that her intention for the coming year was to focus on
public safety around neighborhoods and schools. She looks forward to also working with the
Chamber of Commerce to help local businesses thrive. She said that she would share more at the
State of the City address. She also thanked staff and Council for their support.
Mayor Wang presented outgoing Mayor Richard Lowenthal with a gavel plaque and engraved
pen set in honor of his service as Mayor. She also presented Ellen Lowenthal with a bouquet of
flowers.
City Manager David Knapp presented outgoing Mayor Richard Lowenthal with a clock.
Supervisor Kniss, on behalf of the Board of Supervisors, presented outgoing Mayor Richard
Lowenthal with a plaque honoring his service as a two-time Cupertino Mayor.
COMMENTS BY COUNCIL MEMBERS AND PUBLIC
The City Council members offered their congratulations to newly elected Mayor Kris Wang and
Vice Mayor Patrick Kwok, and thanked outgoing Mayor Richard Lowenthal for his service.
Outgoing Mayor Richard Lowenthal asked for a moment of silence for those places in the world
that are not at peace. He noted all the good qualities of Cupertino, including its financial health,
and talked about some of the development projects happening in the City.
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The following individuals offered their thanks and congratulations:
Fariba Nejat presented outgoing Mayor Richard Lowenthal with a painted portrait of himself
Ruby Elbogen
Michael Gottwald
Sandy J ames, former Mayor
Gilbert Wong, Planning Commissioner
Michael Chang, former Mayor
Steven Ting, Technology, Information, and Communications Commissioner
Cary Chien, Planning Commissioner
Shilpa Joshi
Patty Chi, Concerned Citizens of Cupertino (CCC)
Ned Britt, Concerned Citizens of Cupertino (CCC)
Albert Wang, Organization of Special Needs Families
Stefan Sharugin
Mark McKenna, Chamber of Commerce President
John Kessler
Marty Miller, Planning Commissioner
Noami Matsumoto, Cupertino Community Services (CCS) Executive Director
Chihua Wei, Organization of Special Needs Families and Housing Commissioner
Cindy Chang
Tom Bee
Lindsey Lowenthal
Gordon Frolich
NEW BUSINESS
5. Consider adopting a resolution implementing the General Plan Policy 2-42: Revenue
Analysis of Office Developments, Resolution No. 06-186. (Continued from November 6;
staff recommends additional continuation to January 16).
This item was continued under postponements to January 16.
ORAL COMMUNICATIONS - None
ADJOURNMENT
At 8:17 p.m. the meeting was adjourned to Wednesday, December 6 at 6:45 p.m. for continuation
of regular business items. The meeting will take place in the Community Hall Council Chamber,
10350 Torre Avenue, Cupertino.
Grace Schmidt, Deputy City Clerk
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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.
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CUPEIUINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Wednesday, December 6, 2006
ROLL CALL
Present: Mayor Kris Wang, Vice Mayor Patrick K wok, and Council members Richard
Lowenthal, Orrin Mahoney, and Dolly Sandoval (6:01 p.m.) Absent: none.
CLOSED SESSION
1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code
Section 54956.8, regarding sale of property located at San Juan Road in Cupertino and
Ontario Drive in Sunnyvale. (No documentation in packet).
At 6:00 p.m. the Council went into closed session for discussion. Council reconvened at
6:45 p.m. and the City Attorney announced that the City Council would take action on
this item later in the meeting.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Kris Wang 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. E-Services presentation regarding the City MapGuide inquirer. (No documentation in
packet).
Geographic Information Services Coordinator Nikki Nowak demonstrated the online GIS
webpage www.cupertino.org/gis. She noted that all the applications are related to
economic development. She noted 3 applications including MapGuide Inquirer, business,
and property search showing information such as parcel, zoning and land use,
demographics, and aerial photography.
Bern Steves asked about the cost associated with the GIS system and capabilities in terms
of internal staff time and external providers. Administrative Services Director Carol
Atwood explained that Nikki is the sole full-time employee for GIS coordination, and that
the $12,000 budget covered staff and consultant time for all 3 phases.
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Council members Richard Lowenthal and Dolly Sandoval presented a proclamation to California
State Assembly member Rebecca Cohn regarding her help with passing Assembly Bill 117,
property tax reimbursement and tax equity allocation for Cupertino.
POSTPONEMENTS
Lowenthal/Sandoval moved and seconded to continue item No. 20, Nathan Hall Tank House, to
January 16 as recommended by staff. The motion carried unanimously.
Mayor Wang reordered the agenda to take up item No. 13 next.
13. Consider an appeal of the Planning Commission's decision to deny an appeal of an
approved Minor Residential Permit for a 15-foot rear property line setback for a 392
square foot single-story addition, Application No. RM-2006-28, Philip Covarrubias
(Bates residence), 20077 John Drive, APN 369-33-051. The appellant is Darlene Thorne.
(Staff recommends this item be tabled. (The appeal is now unnecessary because the
applicant withdrew his application.)
Mayor Wang opened the public hearing. Appellant Darlene Thorne asked the City
Council to revisit the ordinance regarding perimeters and additions to homes, and noted
that not enough attention was given to objections by impacted homeowners.
The public hearing was closed.
Lowenthal/Sandoval moved and seconded to remove this item from the agenda. The
motion carried unanimously.
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt noted 3 items: the resolution for item No. 15 with the
attachments from the Registrar of Voters office; amended agreement language for item No. 22;
and amended Redevelopment Agency draft minutes.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of item No.3, which was pulled for discussion. Ayes: Wang,
Kwok, Lowenthal, Mahoney, Sandoval. Noes: None.
4. Adopt resolutions accepting Accounts Payable for October 27, November 9, and
November 17, Resolution Nos. 06-189 through 06-191.
5. Adopt resolutions accepting Payroll for November 3 and 17, Resolution Nos. 06-192 and
06-193.
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6. Accept the Treasurer's Investment report for October 2006.
7. Declare weeds on certain properties a nuisance and set a hearing date of January 16, 2007,
Resolution No. 06-194.
8. Accept applications for an Alcoholic Beverage License:
a) Paul and Eddie's Associates, Inc., 21619 Stevens Creek Blvd. (near Hwy 85)
b) California Pizza Kitchen, 19621 Stevens Creek Blvd. (Val1co Fashion Park)
c) Homestead FFC, Inc., (Bowling Alley), 20990 Homestead Road
9. Accept municipal improvements, Republic Properties, Inc., 22551-22581 Ricardo Road,
APN Nos. 356-03-051, 052, 053, and 054. (No documentation in packet).
These applicants have completed City-specified improvements in the City right-of-way,
including curb, gutter, sidewalk, driveway, and storm drain work, as required by the
improvement agreement with the City for a single-family dwelling building permit.
10. Whole Foods Market, 20955 Stevens Creek Boulevard #A, APN Nos. 326-31-018 and
326-31-020:
a) Adopt a resolution approving a maintenance agreement, Resolution No. 06-195
Through an agreement with the City, the property owners of this commercial
development will be required to maintain all improvements and landscaping
located on the portion of the City's property, which abuts the project along
Stevens Creek Boulevard.
b) Adopt a resolution approving a Stormwater Management Facilities Operation And
Maintenance Agreement, Resolution No. 06-196
Through an agreement with the City, the property owners of this commercial
development will be required to operate and maintain storm water management
facilities in accordance with the approved Stormwater Management Plan, to
minimize adverse impacts due to changes in storm and surface water flow
conditions.
c) Adopt a resolution approving a Stormwater Management Facility Easement
Agreement, Resolution No. 06-197
Through an agreement with the City, the property owners of this commercial
development will be required to grant ingress and egress rights to the City for the
purpose of inspecting stormwater management facilities installed in accordance
with the approved Stormwater Management Plan.
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d) Adopt a resolution accepting a grant of easement for roadway purposes,
Resolution No. 06-198
The owners grant the City of Cupertino, for public roadway purposes, the right of
way to construct, repair, operate, and maintain any and all public utilities and
improvements that shall be or become necessary.
e) Adopt a resolution approving an improvement agreement. Resolution No. 06-199
Through the improvement agreement with the City for a commercial development
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.
11. Adopt a resolution authorizing the City Manager to negotiate and execute a waiver of
claims and indemnification agreement with the Metropolitan Transportation Commission
for the city's participation in the Regional Signal Timing Program, Resolution No. 06-
200.
The Regional Signal Timing Program will provide for traffic signal timing consulting
services to be provided to the City at no cost. Entering into a waiver of claims and
indemnification agreement is a condition of Program participation.
12. Accept resignations from Steven Ting (Technology, Information and Communications
Commission) and Ann Woo (Fine Arts Commission), and direct staff to include those
unscheduled commission vacancies in the list of positions to be filled during Council
interviews in January.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
3. Approve the minutes from the November 6 City Council meeting.
Jennifer Griffin asked why the June 20 Redevelopment Agency minutes were being noted
during the Council meeting. Mayor Wang clarified that those minutes would be approved
during the Redevelopment Agency meeting that would take place immediately after the
Council meeting. Sandoval/Lowenthal moved and seconded to approve the minutes from
the November 6 Council meeting. Ayes: Wang, Kwok, Lowenthal, Mahoney, Sandoval.
Noes: None.
PUBLIC HEARINGS
14. Adopt resolutions vacating rights of way:
a) McClellan Road at Madrid Place, Resolution No. 06-201
b) Dolores Avenue at Byrne Avenue, Resolution No. 06-202
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Public Works Director Ralph Qualls reviewed the staff report.
Kwok/Sandoval moved and seconded to adopt resolution Nos. 06-201 and 06-202. The
motion carried unanimously.
UNFINISHED BUSINESS
NEW BUSINESS
15. Adopt a resolution receiving the declaration of results from the special municipal election
held on November 7,2006, regarding Measure D (Val1co) and Measure E (Toll Brothers),
Resolution No. 06-203.
Deputy City Clerk Grace Schmidt presented the certification of election results.
Sandoval/Mahoney moved to adopt Resolution No. 06-203 receiving the declaration of
results. The motion carried unanimously.
16. Auction of surplus property on San Juan Road In Cupertino and Ontario Drive In
Sunnyvale.
Public Works Director Ralph Qualls explained that 2 bids were received in the auction
for the San Juan Road Property with a final bid amount of $980,000, and no bids were
received for the Ontario Drive property. Staff recommended that Council accept the bid
for San Juan and secure a real estate broker to sell the property on Ontario Drive.
Mahoney/Kwok moved and seconded to accept the bid for the San Juan property in the
amount of $980,000 and to put out a Request for Proposal (RFP) to acquire a broker for
the sale of the Ontario property. The motion carried unanimously.
17. Mary Avenue Bicycle Footbridge progress report:
a) Adopt a resolution authorizing the City Manager to negotiate and execute
Amendment No.2 between the City of Cupertino and Biggs Cardosa Associates,
for final design and construction phase services in an amount not to exceed
$470,000, Resolution No. 06-204 .
b) Adopt a resolution authorizing the City Manager to negotiate and execute an
initial agreement with Swinerton Management and Consulting, to provide
Construction Management services to the City for a basic fee not to exceed
$600,000, Resolution No. 06-205
c) Adopt a resolution authorizing the City Manager to negotiate and execute an
agreement between the Santa Clara Valley Water District and the City of
Cupertino regarding the ioint uses of Premises, Junipero Serra Channel.
Resolution No. 06-206
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Public Works Director Ralph Qualls reviewed the project using video and a PowerPoint
presentation. He introduced Project Manager Gene Gonzalo, Caltrans District 4 Division
Chief for the Southern region.
Jim Wyatt said that his fellow Bicycle and Pedestrian Commissioners would agree with
him that the footbridge would help with traffic at the new Whole Foods.
Kevin Jackson said that he has followed the development and similar projects in the area.
He noted that this project is well managed and is an investment that will pay huge
dividends in the future. He thanked Council, staff, and the Bicycle and Pedestrian
Commission for all of the efforts put into the project.
Margaret Limberatos said she was a long-time resident and cyclist, and was looking
forward to the completion of the project.
Bicycle and Pedestrian Commissioner Geoffrey Paulsen said he is looking forward to the
completion of the project. He said that he works for an obesity public health agency and
noted that the project is receiving national recognition.
Rhoda Fry said that there was not adequate insect abatement when the Highway 85
project was constructed and wanted to have that addressed in this project. She asked
questions regarding the project budget and maintenance. She urged Council to look into
deferred maintenance on other capital improvement projects around the City.
David Simons, Sunnyvale resident, urged Council to ask for extra help from Sunnyvale.
He said he was excited about the project and that it is an improvement over the original
automobile bridge that was planned for the site.
Anne Ng said that she looks forward to using the bridge. She noted that commutes for
some people would be shorter and that hopefully the bridge would attract more people to
ride their bikes.
Former Mayor Don Burnett said that it was 15 years ago when he first made the
suggestion to build the bridge, and it has morphed into something beautiful. He said that
last year he created a slide show for the Silicon Valley Bicycle Coalition and they are
excited that the bridge will be in Cupertino.
Patrick Grant, Sunnyvale resident, said that he knows a student who rides his bike to and
from De Anza College and this route would be very attractive to people. He noted that
Homestead High School students would also able to ride their bikes over the bridge to get
to school.
Jennifer Griffin said she wanted to be sure that the bridge entrance at the intersections of
Homestead and Mary would be upgraded to handle the extra impact of bicyclists,
pedestrians, and automobile traffic. She said she was concerned about the lack of space
going into the parking area of Homestead High School because it is so narrow.
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Sandoval/Lowenthal moved and seconded to accept the status report and adopt
Resolution Nos. 06-204, 06-205, and 06-206. The motion carried unanimously.
18. Authorize the City Manager to enter into a contract with AT&T DataComm in the
amount of$86,632.97 for a network router upgrade.
Administrative Services Director Carol Atwood reviewed the staff report.
Sandoval/K wok moved and seconded to authorize the City Manager to enter into the
contract with AT&T DataComm. The motion carried unanimously.
19. Approve mid-year budget adiustments for fiscal year 2006-07.
Administrative Services Director Carol Atwood reviewed the staff report.
Commander John Hirokawa and Captain Terry Calderone of the Santa Clara County
Sheriffs Office answered Council questions regarding response times.
Council directed staff to look into the cost of keeping Blackberry Farm open during
construction, and to bring the topic back to Council.
Kwok/Mahoney moved and seconded to approve the mid-year budget adjustments as
recommended by staff, with the addition of authorizing a change order contract on the
existing contract for sidewalk maintenance. The motion carried unanimously.
20. Authorize the City Manager to sign an agreement to dedicate land and restore the Nathan
Hall Tank house near Blackberry Farm Golf Course. (Continued from September 19.
Request to continue to January 16). (No documentation in packet).
This item was continued under postponements to January 16.
21. Approve an agreement for consultation services with Insight Consulting Services, LLC.
Administrative Services Carol Atwood reviewed the staff report.
Lowenthal/Sandoval moved and seconded to approve the agreement for consulting
services. The motion carried unanimously.
22. Approve an agreement regarding provision of IP Video Services by AT&T California.
Public Information Officer Rick Kitson reviewed the staff report.
AT&T representative Leon Beauchman said that they would be following the legislation
with issues related to coverage, especially in providing services to low-income
neighborhoods. He noted that AT&T is very interested in doing business in Cupertino,
and they will be building out in as many places as financially and technologically
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December 6, 2006
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possible. He said the goal would be to provide service to 50% of Cupertino residents
within the first 2 years.
Lowenthal/Mahoney moved and seconded to approve the agreement for video services.
The motion carried unanimously.
23. Select a date in January 2007 for the City Council goal-setting/work program session and
evaluation of City Manager. (No documentation in packet).
The City Council concurred to meet on this topic on Monday, January 8 at 2:00 p.m.
ORDINANCES
24. Conduct the second reading and enactment 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."
Lowenthal/Sandoval moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Wang, Kwok,
Lowenthal, Mahoney, Sandoval. Noes: None.
Lowenthal/Sandoval moved and seconded to enact Ordinance No. 06-1988. Ayes: Wang,
Kwok, Lowenthal, Mahoney, Sandoval. Noes: None.
25. Conduct the second reading and enactment 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."
Lowenthal/Sandoval moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Wang, Kwok,
Lowenthal, Mahoney, Sandoval. Noes: None.
Lowenthal/Sandoval moved and seconded to enact Ordinance No. 06-989. Ayes: Wang,
Kwok, Lowenthal, Mahoney, Sandoval. Noes: None.
26. Conduct the second reading and enactment 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."
Lowenthal/Mahoney moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Wang, Kwok,
Lowenthal, Mahoney, Sandoval. Noes: None.
Lowenthal/Mahoney moved and seconded to enact Ordinance No. 06-1990. Ayes: Wang,
Kwok, Lowenthal, Mahoney, Sandoval. Noes: None.
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27. Conduct the second reading and enactment 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."
Lowenthal/Mahoney moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Wang, Kwok,
Lowenthal, Mahoney, Sandoval. Noes: None.
Lowenthal/Sandoval moved and seconded to enact Ordinance No. 06-1991. Ayes: Wang,
Kwok, Lowenthal, Mahoney, Sandoval. Noes: None.
ST AFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 9:27 p.m., the meeting was adjourned to Monday, January 8 at 2:00 p.m. for a City Council
goal-setting/work program session and evaluation of the City Manager.
Please note that the regular Council meetings of December 19 and January 2 have been canceled.
Grace Schmidt, Deputy City Clerk
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.cLlPcrtino.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.
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