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CC 06-19-07 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 19, 2007 ROLL CALL At 6:50 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. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal and Dolly Sandoval. Absent: Council member Orrin Mahoney. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to Hewlett Packard's representative Shawna Holmes regarding HP's donation of nine workstations to the Cupertino Senior Center. (No documentation in packet). Administrative Services Carol Atwood acknowledged the generous donation. Mayor Wang presented the proclamation to Shawna Holmes of HP. 2. Presentation of Certificate of Environmental Accomnlishment to the City of Cupertino for saving 77 trees through recycling. (No documentation in packet). Public Information Officer Rick Kitson presented the certificate to the City Council. Council member K wok said that he attended a press conference called by the Water District asking all mayors and city councils to declare a voluntary 10% water reduction in their cities as a goal. He noted that installing a low-flow shower head would save about 10%, and also suggested low-flow toilets and dishwashers, and to water lawns at night rather than during the day to help conserve water. He asked Mayor Wang to declare June as water conservation month. POSTPONEMENTS - None June 19,2007 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS The following documents were distributed at the meeting: · Corrected Resolution No. 07-109 for item number 8, Housing Mitigation fees · Email from Council member Orrin Mahoney dated June 18 regarding item number 8 · Letter from the Chamber of Commerce regarding item number 8 · Handouts for item number 9, budget ' · Letter from Michael Foulkes of Apple, Inc. regarding item number 17, ACI Holdings, Inc. ORAL COMMUNICATIONS Jimmy Duarte asked Council to fix handicap access to certain streets. Robert Levy talked about the historical Tracy House on Stelling Rd. and Highway 280, and said that due to term limits, Council has very little historical knowledge regarding happenings in Cupertino. He urged either increasing the term for Councilor doing away with term limits entirely. Anne Ng, Board Member of Silicon Valley Bicycle Coalition (SVBC), said that the Hanson Permanente Quarry on Stevens Creek wants to expand its operations onto additional land that it owns in Cupertino. She said that the public is invited to comment at an upcoming meeting where Hanson will present its plans. She explained that the County must prepare the Environmental Impact Report (EIR) and regulate the site, but that Cupertino residents would be most affected by noise and pollution. She urged concerned residents to attend the meeting or submit written comments. Ruby Elbogen announced that the first Cupertino American Cancer Society Relay for Life would be held at the De Anza College track on July 28 and 29. She asked for Cupertino corporate sponsors and urged participation by all. She thanked Mayor Wang for taking the lead and for a City Council member for his generosity. She noted that the last lap at 10:00 a.m. is for cancer survivors. ( Jennifer Griffin noted that the Tracy House would be discussed at an upcoming Planning Commission meeting and urged anyone interested in preserving the Victorian home to come to that meeting. She asked for protection of the greenbelt and parkways along the major corridors in Cupertino. She thanked Council for the new park in the Rancho Rinconada area and urged them to keep the double row of ash trees in Cupertino. CONSENT CALENDAR Lowenthal/K wok moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. 3. Adopt resolutions accepting Accounts Payable for May 25, June 1, and June 8, Resolution Nos. 07-104 through 07-106. June 19,2007 Cupertino City Council Page 3 4. Adopt a resolution setting a hearim! date of July 17 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 07-107. 5. Accept an application for an Alcoholic Beverage License for the Cvoress Hotel and Park Place Restaurant and Bar, 19930-19936 Stevens Creek Blvd. (corner of De Anza and Stevens Creek Blvd.). 6. Adopt a resolution amending the Administrative Rules and Regulations of the Personnel Code to add limited term ap1>ointments, Resolution No. 07-108. 7. Accept municipal improvements, Calvin Ng & Hong-Him Lim, 21820 Lomita Avenue, APN 367-15-008. (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, driveway, and trenching work, as required by the improvement agreement with the City for a single-family dwelling building permit. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 8. Consider adopting a resolution approving housing mitigation fees, Resolution No. 07- 109. (Continued from June 5). Senior Planner Vera Gil reviewed the staff report via a PowerPoint presentation. Beverly Bryant, Executive Director of the Homebuilders Association of Northern California (HBA), said that the HBA opposes an increase in the inclusionary zoning requirements. She said she hopes the in-lieu fees will be used to create more affordable housing in addition to what the developers currently provide through the inclusionary housing program, so that the developer does not bear the sole burden of creating affordable housing in Cupertino. SandovallKwok moved and seconded to adopt Resolution No. 07-109 with the addition of the requirement that for any development project 7 units or more, any fractional units shall pay $2.50 per square foot above that fraction up to the .5 of a unit, after which they will provide the unit. The motion carried unanimously with Mahoney absent. 9. Receive public comments, discuss, and adopt the 2007-08 budget: a) Grant a negative declaration b) Adopt a resolution establishing an operating and capital budget for fiscal year 2007-08, Resolution No. 07-110 June 19, 2007 Cupertino City Council Page 4 c) Adopt a resolution establishing an ap1>ropriation limit for fiscal year 2007-08, Resolution No. 07-111 Mayor Wang opened the public hearing open at 7:34 p.m. Robert Levy said that school traffic congestion is still a problem and the schools haven't cooperated with the City. He suggested that the City hire a consultant to look into bussing and add a parcel tax on all homes to pay for the bussing. Ed Hirshfield talked about the substandard lighting at the Sports Center and said that people have a hard time playing tennis at night. He urged Council to fund a better lighting system. Santa Clara County Librarian Melinda Cervantes said that Cupertino library is the busiest library in the County system and a valuable partner in the library Joint Powers Authority. She also noted that the Library has been nationally recognized for the past five years as the number one library in the country for libraries of its size. She Urged Council to fund the extra hours. The following people spoke in favor of funding for extra hours at the Cupertino Library: . Barbara Rogers, Cupertino Library Foundation Committee . Pat Rogers, Cupertino Library Foundation Committee . Eno Schmidt, Library Commissioner . Janet Riddell, Library Commissioner . Ram Gopal, Library Commissioner . Ruby Elbogen . Jennifer Griffin Ruby Elbogen also asked Councii to repair the Quinlan Center fountain and to keep it as a water feature. She commented that Council shouldn't get involved in transportation at the schools. Frank Jelinch, Board of Directors of Shakespeare Festival, urged Council to continue support for free Shakespeare in the Park. He said that the play this year is A Midsummer Night's Dream beginning Sat. July 21 at 7:30 pm. through Aug. 5th at Memorial Park. Jennifer Griffin said that the residents in the Rancho Rinconada area are excited about the upcoming Sterling Barnhart and Lawrence parks. The public hearing was closed at 7:58 p.m. Melinda Cervantes answered Council's questions and explained how staffing would work to cover the extra Library hours. June 19, 2007 Cupertino City Council Page 5 Mayor Wang asked that the Fiscal Strategic Planning Committee do some research on what other cities are doing with their CIP reserves and bring back recommendations. Lowenthal/Sandoval moved and seconded to grant a negative declaration. The motion carried unanimously with Mahoney absent. Lowenthal/Kwok moved and seconded to adopt Resolution No. 07-110 establishing an operating and capital budget for fiscal year 2007-08 with the following additions. The motion carried unanimously with Mahoney absent: · Add $60,000 from the CIP for the Quinlan Center fountain project · Add $50,000 from the CIP forCity Hall sink · Add $55,000 from the General Fund for the Veteran's Memorial · Add $50,000 from the CIP for the Red Light Running program · Add $20,000 from the General Fund for Cupertino Day · Move $1.5 Million from the CIP from fiscal year 2008-09 to 2007-08 for the Lawrence Linear Park Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-111 establishing an appropriation limit for fiscal year 2007-08. The motion carried unanimously with Mahoney absent. Council recessed from 9:30-9:40 p.m. 10. Consider adopting a resolution for the annual renewal of fees for the Storm Drainage Nonpoint Source Program, FY 2007-08, with no increase in current fee rates, Resolution No. 07-112. Lowenthal/Kwok moved and seconded to adopt Resolution No. 07-112. The motion carried unanimously with Mahoney absent. UNFINISHED BUSINESS 11. Accept the Parks and Recreation Commission's Rancho Rinconada Neighborhood Park conce,ptual design recommendation. Parks and Recreation Director Therese Smith reviewed the staff report via a PowerPoint presentation. Jennifer Griffin commended all the people who have put so much time into the park and said the park would provide tremendous community benefits. Jeanne Bradford, Parks and Recreation Commissioner, urged Council to support the recommendation. She explained the public process that the Commission went through and commended the residents for working together. June 19, 2007 Cupertino City Council Page 6 Sandoval/Kwok moved and seconded to accept the Rancho Rinconada Neighborhood Park conceptual design as recommended. Additional design comments were offered by Council: Council member Richard Lowenthal asked for review by Captain Terry Calderone on adding security features such as a camera; and Council member Dolly Sandoval asked for a doglhuman drinking fountain to be added. The motion carried unanimously with Mahoney absent. NEW BUSINESS 12. Authorize an: additional amount of construction contingency for the contract for the Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2006-03, in the amount of $25,000.00 to incorporate additional funds in the amount of $1 0,000 from an Association of Bay Area Governments (ABAG) block grant, and to cover the additional work required to complete the project, to bring the total project amount including contingency to $510,000.00. KwoklLowenthal moved and seconded to authorize the contract for the Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2006-03. The motion carried unanimously with Mahoney absent. 13. Adopt a resolution to approve a request for semi-rural designation to eliminate streetlight requirements along Barranca Drive, Peninsular Avenue, Wallace Drive, Maxine Drive, Hibiscus Drive, Hibiscus Court, and Caroline Drive pursuant to Ordinance No. 1925, Resolution No. 07-113. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-113. The motion carried unanimously with Mahoney absent. 14. Adopt a resolution approving an agreement with AnnIe. Inc. for electronic waste disposal for FY 2007-08 and authorize the City Manager to renew the agreement for three (3) additional terms of one (1) year each on such terms as are mutually agreeable to the City and Apple, Inc., Resolution No. 07-114. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-114. The motion carried unanimously with Mahoney absent. 15. Review bids and award the contract for Street Swee,ping, Project No. 2007-02 to Don and Mike's Commercial Sweeping in the amount of $ $135,636.48, and approve a contingency for emergency and additional sweeping of $24,363.52 for a total of $160,000.00. KwoklLowenthal moved and seconded to award the contract for Street Sweeping, Project No. 2007-02 to Don and Mike's Commercial Sweeping. The motion carried unanimously with Mahoney absent. June 19, 2007 Cupertino City Council Page 7 16. Authorize the City Manager to enter into an agreement with the San Jose Conservation Corp for community improvement services on an as-needed basis for the Stevens creek Corridor Project, up to a limit of $500,000 of City money. Parks and Recreation Director Therese Smith showed a video roll-in and reviewed the staff report via a PowerPoint presentation. She said that McClellan Ranch would be the pilot project and staff would report back to Council. Lowenthal/Sandoval moved and seconded to enter in the agreement with the San Jose Conservation Corp for community improvement services on an as-needed basis for the Stevens creek Corridor Project. The motion carried unanimously with Mahoney absent. 17. Extend the agreement for consultation services with ACI Holdings. Inc. Kwok/Lowenthal moved and seconded to extend the agreement for consultation services with ACI Holdings, Inc. The motion carried unanimously with Mahoney absent. ORDINANCES 18. Conduct the second reading of Ordinance No. 07-2003: "An Ordinance of the City of Cupertino Amending Chapter 14.18 of the Municipal Code related to Protected Trees." Lowenthal/Kwok moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. Lowenthal/Kwok moved and seconded to enact Ordinance No. 07-2003 with direction to staff to report back on implementation of the ordinance and how often the following species come up: Canyon Live Oak, Oregon White Oak, and Tanbark Oak. A Citywide notice will also be mailed regarding update to the ordinance, and color and educational brochures describing the protected trees will be produced. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. 19. Conduct the second reading of Ordinance No. 07-2004: "An Ordinance of the Cupertino City Council Authorizing an Amendment to the Contract Between'the Cupertino City Council and the Board of Administration of the California Public Emolovees' Retirement System." 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: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 07-2004. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. June 19, 2007 Cupertino City Council Page 8 20. Conduct the second reading of Ordinance No. 07-2005: "An Ordinance of the City Council of the City of Cupertino adding section 14.08.0IOK and 14.08.035 to chapter 14.08, Obstruction of Streets, of the Cupertino Municipal Code, regarding the noticing required for the issuance of certain encroachment permits." Lowenthal/Kwok moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. Lowenthal/Kwok moved and seconded to enact Ordinance No. 07-2005. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. 21. Conduct the second reading of Ordinance No. 07-20.06: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150, Parking Prohibited Along Certain Streets - Hoo Hoo Way East and North Sides Between Carmen Road and the End." Lowenthal/Kwok moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 07-2006. Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Mahoney. STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:30 p.m. the meeting was adjourned in honor of Martin Bishop who recently passed away. &v;S~'rJJ- Grace Schmidt, City Clerk 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 on the web site: Visit www.cunertino.org and click on View Meetings Online. June 19,2007 Cupertino City Council Page 9 Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364.