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05. Draft Minutes L \\ \ 1/. 'iJ~. ~ /s\ 19c~ l..i.' .J.J" CUPERTINO DRAFf MINUTES CUPEJlTINO CITY COUNCIL Regular Meeting Tuesday, August 21, 2007 ROLL CALL . . Present: Mayor Kris Wang and Council members Richard Lowenthal, Orrin Mahoney, and Dolly S.andoval. Absent: none. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Rhoda Fry vs. City of Cupertino. (No documentation in packet). . At 6:00 p.m., Council recessed to a closed session. . RECESS L Council recessed from 6:00 p.m. to 6:45 p.m. The City Attorney reported that in the closed session the City Council had taken no action. 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. Mayor Wang asked former Vice Mayor Patrick Kwok to lead the Pledge of Allegiance. . ROLL CALL Present: Mayor K.risWang and Council members Richard Lowenthal, Orrin Mahoney, and Dolly. Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENTATIONS 2. Introduction of new CuPertino Librarian. la-Lih Lee. (No documentation in packet). Santa Clara County Librarian Melinda Cervantes introduced the new Cupertino librarian. 3. Presentation to Cupertino Union School District for its Chinese Lansroage Immersion Program (CLIP). (No documentation in packet). \.- Mayor Wang presented a proclamation to the representatives of the Cupertino Union School District commemorating the first' eighth grade graduating class of the Chinese 5 -1 August 21, 2007 Cupertino City Council , ,.., ; Page 2 . . Language Immersion Program and acknowledging the important and valuable !\erv1.ce this program provided to the families in the commuriity. --/ 4. Presentation for the American Cancer Society's "Relav for Life." (No documentation in packet). Mayor Wang presented a proclamation to the organizers of the first Relay for Life held in Cupertino commending their committee for such a succ~sful ~ent and urging everyone to continue their support of the Relay for Life event and the American Cancer Society. 5. Recognize former Vice Mayor Patrick Kwok for his service to the community. Patrick Kwok, former Cupertino Vice-Mayor, explained that he had submitted. his resignation to the Council effective August 8, 2007, when he was appointed to the Board of Directors of the Santa Clara Valley Water District. Mr. Kwok stated how much he had. enjoyed serving on the City Council and noted the many accomplishments he and his fellow Council members had achieved for the community. Mr. Kwok thanked the Council .members, staff, commissioners, committee members and residents for all of their support. Liz Kniss, Board of Supervisors representing the 5th District, presented a proclamation to Mr. Kwok honoring his service to the community while on the Council and commending him for his accomplishments. . Mayor Wang re-ordered the agenda to discuss item Nos. 24 and 25 next. --' 24. Accept Vice-Mavor Patrick Kwok's resi2l1ation and select a method to fill the vacancy, Resolution No. 07-146. Mahoney/Sandoval moved atid seconded to accept Patrick Kwok's resignation. The motion carried unanimously. The following people offered their thanks for Mr. Kwok's service and congratulations on his appointment to the Santa Clara County Water District Board of Directors: Ned Britt, Barry Chailg, Chamber of Commerce. CEO Chris Giusiana, Plaiming Commissioner Gilbert Wong, Senior Commissioner Mavis Smith, former Council member Sandy James, . Michel Gottwald, Fari Aberg, (speaking on behalf of the 5 C's Cross Cultural Commission), Dennis Whittaker, Raj Abhyanker, and E.J. Conens. The. City Council members also talked about the former Vice-Mayor'~ work on the Council and offered their congratulations. RECESS The City Council recessed from 7:35 p.m. to 7:50 p.m. to attend a reception in the lobby for P~trick Kwok. At 7:50 'p.m., discussion continued on item No. 24. ---' 5-2 August 21, 2007 Cupertino City Council. Page 3 ~ The City Clerk explained that the City Council must :fill the vacancy by appointment by August 8, or callan election for February 5, 2008. She said the estimated cost of a February election would be $SO,ooo. E.J. Conens recommended that the position be left vacant. The City Attorney explained that was not 1m option. .Council must appoint a replacement or call a special election within 30 days of the resignation. The following individuals recommended that the City Council fill the position by special. election in February, and leave the position vacant until then: Ned Britt, Dennis Whittaker, Clyde Brown, Tom Hugunin, S. Nomanbhoy, Jennifer Griffin, Keith Murphy, . Simon Ko, Prank Sun, Barry Pangrle and Eva Wong. L Councilmember Mahoney supported a special election. He believed it was an unfair advantage if someone were appointed. Councilmember Lowenthal was in favor of appointing someone who was not currently a candidate, and someone who was experienced in local government, and suggested this be done at another meeting so that interested residents 'could apply. Councilmember Sandoval was also in favor of making an appointment because important issues were coming up for the Council to decide, and recommended making an appointment immediately. Mayor Wang preferred a special election. The City had been in this position before and a seat had been left vacant for a long time. She believed two weeks was too short a time in which to make an appointment MahoneylWang moved and seConded to adopt Resolution No. 07-146 which called a special election for February St 2008, to fill the vacancy. The motion carried unanimously. Councilmember Lowenthal said that he' voted for the special election because it was Clear the effective consensus was for a special election.. He felt it was important that Council reach consensus on this issue. Councilmember Sandoval said the one reason she would vote for the special election was that in two or four weeks the Council would have no option. She would rather see Counctt take action on this matter and would vote for it even though she did not agree. 25. Consider anpointin2 a new vice-mavor. Mahoney moved and Lowenthal seconded to appoint Council member Dolly Sandoval as Vice-Mayor. The motion carried unanimously. POSTPONEMENTS L 5-3 August 21,2007 CUpertino City Council Page 4 . WRITTEN COMMUNICATIONS ----/ The City Clerk distributed the following items regarding item No. 23, the Rl hillside discussion: · An email from Candan Taysi supporting the Planning staff's recommendation · A flyer titled. "Cupertino City Ordinance Reduces Your Property Value" urging. the removal of the ordinance · . Typed statement expressing support for the existing overlay or Planning staff recommendations ORALCO~ICATIONS' Fari Aberg reported on the Cupertino Health and Safety Fair scheduled for Saturday, August 25th, She cOmmented on all of the planned activities for the day, and urged everyoneto attend. CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent. Calendar as . recommended, with the exception of item No. 12, which was pulled for discussion. Ayes: Lowenthal, Mahoney, Sandoval, andWang. Noes: None. 6. Approve the minutes from the June 19 and July 17 City COl1l1Cil meetings. 7. Adopt resolutions accepting Accounts Pavable for July 13, 20, 27, August 3 and 10, Resolution Nos. 07-130 through07-134. . ...J 8. Adopt resolutions accepting Payroll for July 27 and August 10, Resolution Nos. 07-135 and 07-136. 9. Accept the Treasurer's Investment Report for June 2007... 10. Approve applications for an Alcoholic Beveraae License (On Sale Beer & Wine - Eating Place 41): a) The Red Crane. 7335 Bollinger Road (Shopping center north side Bollinger Road, west of De Anza Blvd.) b) Super Bowl Restaurant, 10971 Wolfe Road (in Cupertino Village Shopping Center) . . t 1. Adopt a resolution approving the destruction of records. from the City Clerk . and Code Enforcement departments, Resolution No. 07-137. 13. Adopt a resolution. acknowledging the irrevocable offer of dedication for sidewalk purposes and reserving the right to accept at a .later time, Pancal Catalano, L.P., A California Limited Partnership, Lot 5 - Catalano Court. APN 326-18-003, Resolution No. 07-138. -----./ 5-4 August 21, 2007 . Cupertino City Council Page 5 14. Adopt resolution~ approving a final parcel map: "-' .a) TonyBaig, Mine Court, APN 316-47~017, Resolution No. 07~139 b) Granada Avenue Property,.LLC, A California Limited Liability Company, 21891 Granada Avenue. APN 357-16-019, Resolution No. 07-140 . Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. IS. Adopt a resolution approving an iniprovement agreement, Ming Xie and Xiaoli Chen, 10170 Lebanon Drive. APN 342-14-018, Resolution No. 07-141. Through an improvement agreement with the City for a single-family development building permit, this applicant will be obligated to bond and construct city-specified. roadside improvements, including curb, gutter, sidewalk, and driveway, along the street . frontage of their building site. . 16. Adopt a resolution accepting the auitclaim deed for underground water rights, Granada . Avenue Property, LLC, A California Limited Liability Company, 21891 Granada Avenue, APN 357-16-019, Resolution No. 07-142. "- 17. Adopt a resolution approving an inwrovement a21"eel11ent.. Gran8.da. Avenue Property, LLC, A California Limited Liability Company, 21891 Gr8nada Avenue. APN 357-16- 019, Resolution No. 07- 143. Through an improvement agreement with the City for a .single-family development building permit, this applicant will be obligated to bond and constnIct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 18. Acceptance of municioal imnrovemel1ts, Silver Stone Development, Northern California LLC, De Anza Blvd.. between Town Center Lane & Civic Park Lane. (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including streetlight, streetscape and erosion control work, as required by the improvement agreement with the City. . 19. Adopt a Resolution authorizing the City Manager to apply for, accept, and appropriate up to $40,000.00 in Fiscal Year 2007-08 funding for the Metropolitan Transportation Commission's Pavement Management Technical Assistance Program (P-TAP) Round 9, . No. 07-144. L 5-5 August 11,2007 Cupertino City Council . Page' 6 . ITEMS REMOVED FROM THE CONSENT CALENDAR (above) '----'" 12; Accept a donation from .the Rolling Hills 4-H Club in the amount of $10,000.00 and appropriate it for use on the McClellan Ranch, Renovation Project. Vice-Mayor Sandoval noted that it was not often the city received such a substantial financial contribution from a non-profit and she .suggested the Rolling Hills 4-H Club be recognized for their support. It was agreed the City Manager would send the organization. a letter of thanks. SandovallLowenthal moved and seconded to accept the donatiDn. The motion carried. unanimously. PUBLIC HEARINGS 20. Consider Application Nos. U-2007-03, ASA-2007-05, TM-2008-o7, TR-2007-03, EXC- 2007-08, Cli.fford Chang. 10100 N. Tantau. APN 316-19-061. (Continued from July 3): . a) Use Permit and Architectural Site Review to construct a 10,650 square foot retail building and one level parking garage on an existing office site b) Tentative Map to subdivide an existing 9.4-acre site into two parcels, approximately .9 and 8:4 acres respectively. --.../ c) Tree Removal and teplanting in conjunction with a proposed 10,650 square foot retail building and a one-level parking garage at an existing office site d) Exception to the Heart of the City Specific Plan for a front setback John Zai, Sanyo Property Company, noted that their goal was to provide retail vitality to . this section of Stevens Creek. He said that the property had mature and well established trees and they were planning on more than a one-for-one tree replacement progran). He said even though they had the option of paying in-lieu fees he wanted to keep the trees on site. Mr. explained that the parking provided was already on the high side, but if needed, additional parking could be added to the parking structure. They would support a crosswalk on Stevens Creek particularly as they were eager to attract pedestrian clientele. Lighting will also be installed as required. Clifford Chang, Chang Architecture, commented on the circulation of the site, parking and outdoor seating area as. part of their effort to activate street frontage on Stevens Creek. He addressed the sytnmetricallook 'of the plan and the dynamic feel of the project including the use of glass, the two-color scheme and the use of different textures. He said that the green aspects of the project included addressed permeability, the. use of pavers and decomposed granite, drought tolerant plants, high performance glass, overhangs, roofing materials, air conditioning system and recycled materials. Mr. Chang also noted that they would provide bicycle racks and lockers. . --/ 5-6 August 21, 2007 Cupertino City COUJllcil Page 7 "- Jennifer Griffin felt there had been insufficient public outreach to the community and the project was incomplete. She . noted that the protection of the trees was important, especially the double ~ow of ash trees and the redwoods along 280: . Ms. Griffin also . noted that the lawn berm was going to be lost which was part of the greens cape and there was a security issue.. . Don Burnett said that this comer was. pedestrian unfriendly because there was no crosswalk, even though there were retail stores across the .street. Council discussed pedestrian erihancements, parking, signage, tree replacement and a parking management plan. Councilmember Lowenthal asked staff to provide information about net trees and replacements (which should be at least one-to-one) on all future similar projects. "-..- Director of Community Development Steve Piasecki suggested four conditions, based on the Council's discussion, as follows: (1) A retail parking management plan shall be required which shall provide for retail employees to park in the garage, and provide highly-visible signage which says that retail. customers can park anywhere; and provide bicycle parking in or around retail; (2) Trees shall be maximized on site and developer shall replace as many trees onsite as possible, subject to the approval of the CommunitY Development Director; (3) Pedestrian walkways shall be enhanced which would be used for enhanced pedestrian crosswalks, possibly for adding a walk across Stevens Creek Boulevard and/or lighting walks as directed by the Public Works Department, in an amount no-to-exceed $50,000; and (4) Fees in the resolution shall reflect current fates instead of those showri in the staff report. Lowenthal/Sandoval moved and seconded to approve the use permit and architectural site review I subject to the conditions suggested at the meeting by the Community Development Director. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to. approve the tentative map. The motion carried unanimously. ~wentha1/Mahoney moved and seconded to approve the femoval of 54 trees and a replanting plan, subject to the conditions suggested by the Community Development Director. The motion carried unanimously. Council directed staff to agendize a discussion .about removing traffic blocks, and to notify the entire Rancho Rinconada neighborhood of this discussion. LowenthaVSandoval moved and. seconded to approve the exception to the Heart of the City Specific Plan for a front setback. The motion cairied unanimously. "- 5-7 August 21,2007 Cupertino City Council Page 8 21.. Adopt a resolution adding Tree Removal arid Reolaeement Fees to the fee schedule, Resolution No. 07-145: ----' a) Establish an in-lieu tree replacement fee to be included in the fee schedule (based on the installation and purchase cost of a replacement tree, as approved in the tree ordinance) and a City tree fund in which in-lieu fees would be deposited & determine how to implement use of the tree fund (e.g.t if Public Works Dept. will oversee the use of fund, or if a subcommittee is needed to establish procedures) . b) Establish a tree removal application fee of $2,662 and include it in the fee schedule c) Establish a reduced tree removal application fee of $150 for the first tree removal request and $75 fot" each additional tree removal request on the same property if it is requested prior to the removal, and include this fee in the fee schedule d) Establish a lower tree management plan application fee of $1 ,041 and inc;lude it in the fee schedule . Sandova1/Mahoney moved and sec()nded to adopt Resolution No.. 07-145 with the stipulation that the Public Works Department .oversee the tree in-lieu. fees, present a plan . of strategies for the use of the fees to the City Council at a later meeting, and provide an annual review of the use of the fees. The motion carried unanimously. --./ UNFINISHED BUSINESS 22. Report and Recommendations for the Mary Avenue Bicvcle Footbridae Proiect: a) Approve the Cable Staved Structural Steel Alternative Design Conc~t for the . Mary Avenue Bicycle F()otbridge in lieu of the Prestressed Concrete Design previously approved by the Council b) Authorize the City Managet to negotiate and execute a contract with HNTB. Inc. (NE Division) for the alternative structural. steel design of the project at a cost not to exceed $ 725,000 and $50,000 in additional services, which may be approved by the Director of Public Works c) Authorize the City Manager to negotiate and execute a' contract with Leslie E. Robertson Associates (LERA) for the ~ review .and plan check and other necessary structural engineering servic'a of the steel design alternate in aD. amount not to exceed $120,000 with $30,000 for additional services, which may be approved by the Director of Public Works Director of Public Works Ralph Qualls presented a staff report which included background on the Mary Avenue Bicycle Footbridge Project. The report gave an overview of the original. concrete design for the bridge, the original consultant's incorrect estimates for th~ project, the bid process, an explanation of the alternative steel d~sign, 5-8 -..-/ August 21, 2007 Cupertino. City Council Page 9 \......- coSt impacts of both designs and a timetable for oo~pletion of the project. Staff recommended approvat of the cable stayed stroctural steel alternative design concept and the above referenced contracts with consultants. The following spoke in favor of proceeding with.the Mary Avenue Bicycle Footbndge Project: Patrick GranIc, Kevin Jackson (Citizens.Advisory Committee for this project); James Stallman of the Valley Transportation Authority, Don Burnett, Anne Ng and Celia Chimg, of the Silicon Valley Bicycle Coalition Board. They conunented.that this project would improve traffic and air quality and have a positive effect on global climate change. It was also suggested that additional sources of funds be investigated. Council agreed to proceed with this phase of the project but agreed that the total capital funds budget needed to be reviewed, additional funding sources needed to be researched and options needed to be considered for scaling down.this project. LowenthallSandovalmoved and seconded to approve the staff recommendations, . including (1) Approve the cable stayed stroctural steel alternative design concept; (2) Authorize the City Manager to negotiate and execute a contract with HNTB for design of the project; and (3) authorize the. City Manager to negotiate and execute a contract with. Leslie E. Robertson Associates for plan checking and other structural engineering services. The motion carried unanimously. RECESS L CityColUlcil recessed from 10:25 p.m. to 10:37 p.m. 23. Report on the Rl ordinance regarding neighborhood meetings on the Residential Hillside Ordinance. The City Clerk distributed the following items: !II An email from Candan.Taysi supporting the Planning staff's recommendation · . A flyer titled "Cupertino City Ordinance Reduces Yow: Property Value" urging the remov~ of the ordinance · A typed, unsigned statement expressing support for the existing overlay or Planning staff recommendations '-' Director 'of Community Development Steve Piasecki noted that in April 2007 Council had referred the RI hillside discussion back to the Planning Commission to consider a possible specific treatmfmt including properties zoned AI; to develop a plan with input from the neighbors; and to report back to the Council on August 21. On August 14 of this year the Planning Commission voted to delete Section 19.28.050 (C)l and (C)2 for the . following reasons: Hillside preservation should be applied to the whole city; there were some unintended consequences of the Rl 15% overlay resulting from the Rl 2005 ordinance amendment; current rules were too complicated; and concern with fajrness in terms of applicability of the rule. Piasecki said there were several ordinance options before Council, including: Delete the code section per the Planning Commission's recommendation; rever:t back to. the RI hillside development standards pre 2005; retain 5-9 August 21, 2007 Cupertino City Council Page 10 current Rl hillside development standards; or rezone to RHS.and Rl Foothillt modified with identified key provisions. ---./ He asked that the City Council provide specific direction whether the Council would like to consider an RI zoning amendment, and if SOt what options should be considered? These options could include no amendment; and with direction, staff will publish the ordinanCe amendment and will advertise the public hearing to modify the hillside standards specifically to reflect the Council directions; and in the meanwhile any affected property owners wishing to develop .or remoc;lel these homes under discussion may apply for exceptions or variances from the current R 1 ordinance. PiaseCki noted that staff's tec0mmenda.tion included the removal of all the toe of slope lots which reduced the number of lots under discussion to 15. The staff's recommendation also included modified building allowances and requitements for these lots. In an effort to . clarify some of the issues before them, Council took straw votes and concurred on two items: take no action required regarding the agricultural zone because' it . was already zoned A I; and remove the Rl -10 toe of slope lots and direct staff to begin the process of removing these lots. The following people spoke in favor of removing the RHS overlay of RI prpperties: Marie. Liu, Shabbir Noman1>hoYt Ying Sosict Inhwan Oht Sarrah Nomanbhoy, John Tompkins, Sylvia Noland, Clyde Brown,. Maryan, Eric Carlson, SamShawki, Jamie S~olik, Nancy Wang, Chloe Lit Evan Li, Simon Ko.. Eva Wong, Suzette pangrle, Adam Li~ Rok Sosict Prank Sunt Sham Zhu, Sunil Nethisinqme, Sherry. Pang, Cameron Pangrle, Barry Pangrle~ John James,Candan Taysi and Mark Sanforo. They reasons they gave included the following: It was an unfair ordinance; this was spot zoning for fifteen properties which can't be seen from the valley floor; property values would be adversely affected; the Planning Commission voted three times to remove it; and it. increased housing density and discouraged remodeling. In addition it was noted that spot zoning was not the way to protect trees, limit house sizes, protect hillsides, reduce retaining . walls and protect the rural environment. All of these issues could be addressed in other ways such as the tree ordinancet notification required for building projects and other city regulations. . . The Sara Arzeno and Ron Berti spoke in favor of keeping the RHS overlay. They noted that the fifteen lots under discussion were hillside and needed'to be treated differently and that the hillsides needed to be protected. Council took another straw vote and concurred they. did not support Section 19.28.050 (C)I, the 15% RHS overlay. Council addressed several questions. regarding the issue before them. Were grading, fencing, retaining walls, second stories and tree protection being considered as part of hillside protection? If so, they. could be addressed in other ways, Were these fifteen homes enough in the hillside to require special treatment? Council also discussed visual impacts and asked for clarification of what. made these fifteen lots different. Staff 5-10 --../ -../ August 21, 2007 Cupertino . City Council Page 11 L responded they had a 10 to 30% slope. Council agreed that any lots over 30% were not Under discuSsion here, had not been changed in the 2005 ordinance amendment, and. would require exemptions. SandovallLowenthal moved and seconded that staff draft the following changes to the Rl hillside ordinance and present it to the Planning Commission for its recommeridation to the Council: 1. Exclude the AI properties from the hillside discussion 2. . Exclude the Rl-I0 (toe of slope) properties from Section 19.28.050 (C)1 and process the ordinance amendment for this to happen as soon as possible 3. Delete only section (C)l and evalUate and report back with a recommendation on. the following potential options: replace Section 19.28.050 (C)l with some hillside standards appropriate to the 15 RI hillside parcels femaining (including but not limited to grading, fencing, tree preservation and house size); or delete Section 19.28.050 (C) 1 without any replacement measures or language; and retain C2 With respect to all applicable properties (all Rl 'S). The motion carried unanimously. NEW BUSINESS 26. Adopt a resolution establishing and approving a new rate for hauling and orocessing of compostable waste in compactors from businesses in Cupertino, Resolution No. 07-147. L SandovaVLowenthal moved' and seconded to adopt a resolution establishing and approving a. new rate for hauling and processing of com1>ostable waste in compactors from businesses in Cupertino, Resolution No. 07-147. The motion passed unanimously. 27. Adopt a resolution authorizing the City Manager to negotiate and exec:ute a no cost License Agreement between the City and the Cunertino Citv Center Garage Limited Partnership for use of the Cupertino City Center parking garage during City sponsored and hosted events, R(3solution No. 07-148.. LowenthallMahoney moved and seconded to adopt a resolution authorizing the City Manager to negotiate and execute a no cost License A2l'eement between the City and the Cupertino City Center OaraRe Limited Partnership fOf use of the Cupertino City Center parking garage during City sponsored and hosted events, Resolution No. 07-148. The motion passed -unanimously. 28. Review bids and.award the contract for Pavement Restoration, Project No. 2007-04, to G. Bortolotto & Co., Inc" in the amount of $161,799.00, and approve a construction contingency of $33,201.00 to cover any unforeseen work required to complete the project, for a total ofS195,Ooo.OO. L 5 -11 August 21, 2001 Cupertino City Council Page l2 MahoneylLowenthal moved and second to review bids and award the contract for Pavement Restoration, Project No. 2007-04, to G. Bortolotto & Co., Inc., in the.amount of $161,799.00, and approve a construction contingency of $33,201.00 to cover any unforeseen work required to complete the projoot, for a total of $195,000.00. The motion carried unanimously. ~ 29. Consider streamlining Administrative Procedures of Recruitment Sources. and Outreach. LowenthallMahoney moved and seconded to continue this item to the next meeting. 30. Consider updating the Council Comnuter Policy to reflect new technologies and equipment use. Lowenthal/Sandoval moved and seconded to update the Council Computer Policy. to reflect new technologies and equipment use. The motion carried unanimously.. 31. Technology, Information, aild Communications Commission:. a) Accept the resianation of Luke Lam and set an application d~line and interview date. SandovallMahoneymoved and .seconded to accePt the resignation of Luke Lam. The motion carried unanimously. -.-/. b) Consider reducing the number of the commission from seven to five. SandovallMahoney moved and seconded to reduce the number of this commission from seven to five and direct staff to prepare an ordinance to that effect. . The motion carried unanimously. . 32. Adopt a resolution exempting Council members from all fees associated with appeals and petitions for reconsideration, Resolution No. 07-149 It was agreed that the Council members should not have to pay fees for appeals, as these were filed when there was a question i'egaromgthe process undertaken for an application, but the Council members would sJaould be responsible for the fees for petitions for reconsjderation. . . .Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-149 as amended, exempting Council members. from all fees associated with appeals but not for petitions for reconsideration. Motion carried unanimously. 33. Conduct the first reading of Ordinance No. 07-2008: "An Ordinance of the Cupertino City Council Amending Chapter 2.08.096 of the Cupertino Municipal Code Regarding. the Filing Deadline for a Petition for Reconsideration." --.-/ 5 -12 \...... L L August 21, 2007 Cupertino City Council Page 13 The City Attorney noted that this ordinance stipulated that the filing deadline for a petition for reconsideration was ten days from the date of notice not from the date of the decision as currently stated in the Municipal Code. . The City Clerk read the title of the ordinance. LowenthaUMahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ORDINANCES 34. Conduct the second reading of Ordinance No. 07-2007: "An Ordinance of the City Council of the City of Cupertino Rezoning 1.1 acres of property located at 10855 N. Stelling Road from BQ (Quasi-Public) To P-Res (Planned Residential Zoning District Application Z-2006-05." LowenthaVM8honey moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. LowenthaVMahoney moved and seconded to enact Ordinance No. 07-2007. Ayes:. . Lowenthal,.Mahoney, Sandoval, and Wang. Noes: None. STAFF REPORTS 35. Receive a status report on General Food Revenue and Expenditures. (No documentation in packet). This item was continued. COUNCIL REPORTS NONE ADJOUllNMENT . At 1 :20 a.m. the meeting was adjourned. Kimberly Smith, City Clerk 5 -13 August 21,2007 Cupertino City Council Page 14 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.cuDertino.org.Click on Agendas & Minutes! City CounciV Packets. ~ Most Council meetings are shown live on Cable Channel. 26, and are. available at your convenience on the web site: Visit www.cupertino.onr and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. --/ -/ 5-14 L ~~ /,,\ "','" "" ~ ~' .DRAFf MINUTES CUPERTINO CUPERTINO CITY COUNCn.. Regular Meetmg Tuesday, Sep<<mnber4, 2007 .PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor.f<ris Wang caUeA the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the PleAge of Allegiance. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Dolly San40val, and Council members Richard Lowenthal and Orrin Mahoney. Absent: None. Mayor Wang asked for a moment of silence 'in memory of Cameron Cony, a city employee who had recently passed away. CLOSED SESSION - None ~ . CEREMONIALMATIERS-PRESENTATIONS City Manager David Knapp explaineA that the Public Information Officer. Rick Kitson was participating in a Management Talent Exchange Program (MTEP), and would be reassigneA to the Sunnyvale Finance Department for three months. The City M8D:ager introduced San Jose employee Sharon Russell, who would be taking over Rick's assignment during thaftUne. lie also introduced Steffanie Cardenas, the new Office Assistant in the City Manager's Office. . 1. Proclamation for Senior Center piano .and keyboard members. (Continued from July 17). No documentation in packet. Mayor Wang said ~ this proclamation would be deliveroo to the r~ipien~. POSTPONEMENTS Mahoney moveA and Lowenthal seconded to continue. item No. 19 (rezoning property on Homestead Road) to October 16, as requested by the applicant. The motion carried unanimously. .WRITrEN COMMUNICATIONS - None ORAL COMMUNICATIONS L 5-15 September 4, 2007 Cupertino City Council rage 2 Butros Nijmeh said that he had moved to the United States from Palestine to ':find fteedom. . However, he believed he was being discriminated against and cited several situations whiclr he thought supported his belief. ' . Michael Gottwald thanked Rick Kitson for his years of service and wished him the best. , ----/ CONSENT CALENDAR Sandoval! Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None 2. Adopt resolutions accepting Accounts Pavable for August 17 and 24, .Resolution Nos. 07- I 50 'and 07-151. 3. Adopt a resolution accepting Pavroll for August 24, Resolution No. 07-152. . 4. Accept the treasurer's Invesbnent and Budget Reoort for July 2001, including a status report on General Fund Revenue and Expenditures. 5. Approve a fee waiver request from th~ Leawe of Women Voters ofCupertinOooSunnyvale of approximately $280 in use fees for a Candidate's Forum for Citizens on October 8, 2007, at the Cupertino Community Hall. 6. Adopt a resolution approving an imnrovement asz.reement 1200 San Mateo Avenue, LLC, a California Limited Liability Company, 10495. N. De Anza Boulevard. APN 326-33- 110, Resolution No. 07-153. --/ Through 81'l improvement agteeinent with the City for a commercial development . building permit,. this applicant will. be obligated to. bond and construct city-specified roadside improvements, includjng curb, gutter, sidewalk, and driveway, along the. street fti>ntage of their building site. ' 7. Accept municinal imnrovem.ents, Taylor Woodrc;>w Homes, Inc, Sterlin2 Sauare at Civic Park. (No documentation in packet). These applicants have completed City-specified improvemellts in the City right-of-way, including curb, gutter, sidewalk, landscaping and streetlight, as required by the improvement agreement with the City. 8. AcCeptance of municipal improvements, Whole. FoOdsMatket, 20955 Stovtlis Creek Boulevard. APN 316-31-018 and 316-31~0, (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, landscaping, as required by the improvement agreement ' with the City ITEMS REMOVED FROM THE CONSENT CALENDAR <above) - Nolie -----" 5 -16 September 4, 2007 PUBLIC HEARINGS - None L UNFINISHED BUSINESS - None NEW BUSINESS Cupertino City Council Page 3. 9. Review bids and award the contract for Contractual Janitorial Services, Project No. 2007- 03, to Clean Innovation. Corporation, in the amount of $312,441.50, and approve a contract contingency of $32,558.50 to cover any unforeseen work required to carry out the services, for a. total of $345,000.00. Staff distributed a list of required supplies, including paper supplies, cleaning supplies, and special items like flooring cleaners. Lowenthal/Sandoval moved and seconded to award the contract to Clean Innpvation Corporation and approve the contingency amount. The motion carried unanimously. ORAL COMMUNICATIONS - Continued' Mayor Wang reopened the oral communications section for a speaker who had arrived a few minut~ late. '- Jim Griffith, campaign chairman for "Build the Library - Measure B" in Sunnyvale, asked. Council for their endorsement of this measure. He noted that in the past Sunnyvale had not been an active supporter in the library system. Many Sunnyvale residents used neighboring community libraries, especially the Cupertino library, and this measure would correct that. Council referred this request to the Legislative Action Committee for a report back to the City Council. 1 O. Receive report regarding cell phone covera2e from the Telecommunication, Information and Communications Commission (TICC)~ Andrew Radle and Peter Freidland, memberS of the Telecommunications, Information and Communications Comniission, presented .a summary of their report on cell phone coverage. They also introduced Commissioners Eric Kline and Bill Allen, . who were present, and said that Wallace Imamura had also worked on the document. They explained that a resident survey had been conducted which asked for input on cell phone services including coverage, health and safety issues, and tower esthetics. The respOl1ses covered a geographic distribution of the city. The results showed that coverage varied widely in the city, with 50% of the respondents reporting poor coverage. It was further noted that AT&T and Verizon were the major carriers in the city, but several vendors could use one pole. The commission noted that a master plan had been done some time ago but it had not been. implemented and needed to be updated. They asked if they could work with staff on various options to address these concerns and establish a work plan. '- Michael Gottwald said that cell phone coverage was very poor near Kennedy School and more cell phone towers would be appreciated. 5-17 . September 4, 2007 Cupertino" City Council Page 4 Councilmember Lowenthal suggested that the survey results be sent to all the cell phone .carriers. He further noted that the commission needed to address the political issue as well, in part by educating the community' and encouraging advocates to attend public meetings on this cell phone issue. Council also addressed the importance of cell phone uSe in emergency situations such as the recent local fires. Emily Poon said there was no . need for cell phone towers any more because of improvements in technology. She also believed the survey results were representative of a small number of Cupertino residents and questioned the interpretations made by the committee. The City Council agreed to receive the report' and direct the commission to work with the City Manager to develop a scope of work, and to report back to the City Council at a future meeting. . 11. Consider streamlining Administrative Procedures.for Recruitment. Sources and Outreach. (Continued from August 21). Sandoval/Lowenthal moved and seconded to app~ve the recOmmended changes to the. administrative procedures to eliminate the requirement to advertise in print media, and to replace it with a requirement to advertise online using CalOpps and online news media. Staff shall also inform the existing news media of the change so that they have an opportunity to participate in the online option. The motion carried unanimously. 12. Authorize an amount not to exceed $25,000 for a feasibilitystudv of solar panels on the Blackberry Farm Golf Course maintenance building. --./ Director of Parks and Recreation Therese Smith noted that this study was not just for solar panels but also for the overall proj~t. Council suggested looking into solar for the library and the Blue Pheasantt and to consider solar solutions for the swimming pool as well. LowenthallSandoval moved and seconded to authorize the feasibility study for solar or other environmentally-friendly options, as recommended by staff. The motion carried unanimously. 13. Review Council committee anoointments and reaSsign Council members to fill vac8ncies created by Patrick KwolCs resignation. SandovallLowenthal moved.and seconded to~ommend'Councilmember Lowenthal to . the Board of Supervisors for appointment to the Bay Area Air Quality Management. District (BAAQMD). . . Council discussed whether to recommend that Patrick Kwok be replaced as the city's representative, which agency made the appointment, and who was in a position to recommend. appointinent.. --./ 5 -18 September 4, 2007 Cupertino City Council P~ge 5 '-- Sandoval offered a substitute motion stating that the Council should send a.letter to the Board stating that Patrick Kwok should be replaced as the city's representative on the BAAQMD Lowenthal seconded the.motion. The motion passed unanimously. Sandoval/Lowenthal moved and seconded to recommend Councilmember Lowenthal to the Board of Supervisors for appointment to. the Bay Area Air Quality Management District (BAAQMD). Councilmember Lowenthal stated that he had seconded this motion for discussion purposes, but he would be off the Council in November so may not be the best choice. Sandoval offered a substitute motion recommending COuncilmember Mahoney for the position. Councilmember Mahoney state4 that there would be a scheduling conflict with his current Rotary Club responsibilities thi,s year. Sandoval offered a substitute. ~otion recommending Mayor Wang to the Board of Supervisors for appointment to the Bay Area Air Quality Management District (BAAQMD). Lowenthal seconded the motion. The motion passed with Mayor Wang voting no. She stated that she did not think the Council had the authority to make this recommendation, and instead it should be made by the Cities Association. '-- Council discussed the letter that would be sent to the Board of Supervisors stating that Patrick Kwok should be replaced as the city's representative on BAAQMD. Council agreed that this letter should note that the city values its representatives on various boards to protect the interests of the city. With the activity at the Hansen quarry, this was a critical time for Cupertino. It was further noted that Mr. Kwok could find himself in contlict of interest situations. The City Manager also noted that, according to State law, the Council and the Santa Clara Valley Water District Board were incompatible offices. Council also discussed the importance of unanimous support for their recommended appointment to the BAAQMD. , . Vice Mayor Sandoval asked for reqonsideration of the previous motion to recommend Mayor Wang to the Board of Supervisors for appointment to the Bay Area Air Quality . Management District (BAAQMD), because she thought it. wise to have unanimous ~upport for the Council's recommendation. Lowenthal/Sandoval moved and seconded to have the Mayor send a letter recommending that Patrick Kwok be replaced on th~ BAAQMD by Mayor Wang for the remaining term (through 2010). The motion carried unanimously. Staff to notify other .committees of these changes: L . Association of Bay Area Governments - Councilmember Mahon~y is primary representative . Environmenfal Review Committee - Mayor Wang is the alternate . Santa Clara County Cities Association - Vice Mayor Sandoval is the alternate . Santa Clara Valley Water Commission - primary is now Councilmember Lowenthal is the primary representative, and Mayor Wang is the alternate . . West Valley Mayors and City Managers -Vice Mayor Sandoval is the alternate 5 -19 September 4, 2007 Cupertino City Council Page 6 It waS also agreed that the Council would send a letter to the Board of Supervisors recommending appointment of COllD;cilmember . Lowenthal to the Santa Clara County --/ Recycling and Waste Reduction Committee to replace Patrick Kwok. 14. Accept resignation of Planning Commission Vice-Chairman Cat)' Chien. and select application and interview dates. Sandoval/Mahoney moved and seconded to fill the vacancy as soon as possible. Applications will be due October 9, and interviews will be held October 16. Council reserves the right .not to make an appointment, or to change the interview date to allow more people to apply. The motion canied unanimously. 15. . Receive the Annual Re,portftom the City Manager. City Manager David Knapp highlighted the annual report, including the awards the city had received in the following categories: Green Accomplishments~ Santa Clara Valley . Urban Runoff Pollution Prevention Program, EnVironmental Stewardship Awards Ceremony, Certificate of Environmental Accomplishment, Budget Award, Certificate of Achievement for Excellence in Financial Reporting, American Planning Association Award and the National Pegasus Award given to the City Channel. LowenthallMahoney moved and seconded to accept the report with the addition of a section about support for the sister cities program and the community festivals. The motion Carried unanimously. Staff was directed to highlight the ~ual report and the fiscal strategic plan on the city's web site -/ 16. Conduct the first reading; of Ordinance No. 07-2009, "An Ordinance of the City CoUncil of the City of Cupertino adding Chapter 2.16 to the City Ordinance Code relating to City Council/City Staff Relationships." The City Clerk read the title of the ordinance. Sandoval moved1U1d Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 17. Conduct" the first reading: of Ordinance No. 07-2010, "An Ordinance of the Cupertino City Council Amending Section 2.74.010 of the Cupertino Municipal Code Modifvin2 the Comoosition of the Technology. Infonnation. and Communications Commission." The City Clerk read the title of the ordinance. Lowenthal moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. A~es: Lo~enthal, Mahoney, Sandoval, and Wang. Noes: None. ~ 5-20 September 4, 2007 ORDiNANCES CUpertino City Council Page 7 \.......- 18. Conduct the second readin2 of Ordinance No. 07-2008: "An Ordinance of the Cupertino City Council Amending Chapter 2.08.096. of the Cupertino Municipal Code Regarding the Filing Deadline for a Petition for Reconsideration." MahoneylLowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Mahoney/Lowenthal moved and seconded to enact Ordinance No. 07-2008. Ayes: . Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 19. Conduct the second readin20fOrdinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending SeCtion 1 of Ordinance No. 2 by Rezoning Approximat~ly 2.2 Gross Acres From P (REC,Enter, Ltd Com) To CG Located at 20916 and 20956 . Homestead Road Application Z-2006..;06, Erik Huang .and Carolyn Armanini:'. (Continued from June 5. No.documentation in packet).. Mahoney/Lowenthal moved and seconded to continue this item to October 16 as requested by the applicant. The motion carried unanimously. STAFF REPORTS \.......- 20. Staff report regarding economic development. Economic Development/Redevelopment Agency Manager Kelty Kline presented an economic development report and highlighted the key initiatives: (1) Facilitate. . enhancements of Cupertino Square; (2) Facilitate corporate relationships; (3) Enhance economic development programs; (4) Increase retail sales tax and role as community amenity; (5) Facilitate development of new retail and enhance existing key retail centers; (6) Explore opportunities to enhance underperfornUngloutmoded retail centers; (7) Encourage street front vitality; (8) Partner with the Chamber of Commerce and other business support organizations; (9) Redevelopment agency projects/functions; and (10) Support housinglCDBG programs. Ms. Kline reviewed current leasing activity in the city and noted the recent grand openings of Strike! bowling, Whole Foods Market' and Cupertino Bakery. Future projects included: Flint Center cross-marketing, economic development information provided on television, business appreciation, a signage program, collateral materials and web Presence, and the shopping cart survey. COUNCIL REPORTS Councih.nember Lowenthal thanked Fari Aberg for all her wor~ on the Health and Safety Fair, commented on the successful grand opening of Whole Foods Market, and said he had participated in the Cupertino Memorial Golf Tournament. He and Vice Mayor Sandoval would be going to Sacramento this week to continue discussions on tax allocation. ~ Councilmember Mahoney suggested that Council express their appreciation to the local fire squadrons for their effort in the recent.fires. 5 ~21 . September 4, 2007 Cupertino City Council Page 8 Vice Mayor Sandoval commented on the recent grand opening of the Cupertino Bakery, and noted that at a recent Valley Transportation Authority meeting the service plan agreement had been approved with changes to become effective in January. ....J Mayor Wang asked that a proclamation be sent to Nancy Newton commending her for twenty years of service with the Fremont Union High School District. She noted that Apple would be continuing their support of the Senior Center by donating computer equipment and the center would soon be receiving eight new iMac computers. Mayor Wang stated that this week the League of California Cities Annual Conference was scheduled in San Francisco. One of the bills to be discussed was on Healthy Aging, and she asked if Council wanted to take a position on this bill. It was agreed Councilmember Mahoney as the voting representative to the League would handle this matter. ADJOURNMENT At 10:03 p.m., the meeting was adjourned in memory of city employee Cameron Corry. Kimberly Smith, 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.cunertino.ofSl.Click on Agendas & Minutes! City Council! Packets. ---./ . Most Gouncil meetings are shown live on Cable Channel 26, and are avail~le at your convenience. on the web site: Visitwww.c'lPertino.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. ---../ 5-22