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CC 12-06-06 ITY F CUPEItTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, December 6, 2006 ROLL CALL Present: Mayor Kris Wang, Vice Mayor Patrick Kwok, 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 Avenue, Cupertino, California, and led the Pledge of Allegiance. CEREMONIAL MATTERS - PRESENT A TIONS 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. December 6, 2006 Cupertino City Council Page 2 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. December 6, 2006 Cupertino City Council Page 3 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. (Vallco 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. December 6, 2006 Cupertino City Council Page 4 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 December 6, 2006 Cupertino City Council Page 5 Public Works Director Ralph Qualls reviewed the staff report. KwoklSandoval 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 (Vallco) 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 10 Cupertino and Ontario Drive 10 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 December 6, 2006 Cupertino City Council Page 6 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. December 6, 2006 Cupertino City Council Page 7 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/Kwok 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. KwoklMahoney 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 December 6, 2006 Cupertino City Council Page 8 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. December 6, 2006 Cupertino City Council Page 9 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 oftheir 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. Gt~'){Lttr 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.cupertino.org.Click on Agendas & M\nutes/ 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.