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CC 09-04-07 APPROVED MINUTES CUPERTINO CUPERTINO CITY COUNCIL Regular Meeting Tuesday, September 4, 2007 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. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Dolly Sandoval, and Council members Richard Lowenthal and Orrin Mahoney. Absent: None. Mayor Wang asked for a moment of silence in memory of Cameron Corry, a city employee who had recently passed away. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS City Manager David Knapp explained that the Public Information Officer Rick Kitson was participating in a Management Talent Exchange Program (MTEP), and would be reassigned to the Sunnyvale Finance Department for three months. The City Manager introduced San Jose employee Sharon Russell, who would be taking over Rick's assignment during that time. He 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 that this proclamation would be delivered to the recipients. POSTPONEMENTS Mahoney moved 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. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS September 4, 2007 Cupertino City Council Page 2 Butros Nijmeh said that he had moved to the United States from Palestine to find freedom. However, he believed he was being discriminated against and cited several situations which 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 Payable for August 17 and 24, Resolution Nos. 07- 150 and 07-151. 3. Adopt a resolution accepting Payroll for August 24, Resolution No. 07-152. 4. Accept the Treasurer's Investment and Budget Report for July 2007, including a status report on General Fund Revenue and Exoenditures. 5. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale 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 improvement agreement, 1200 San Mateo Avenue, LLC, a California Limited Liability Company, 10495 N. De Anza Boulevard, APN 326-33- 110, Resolution No. 07-153. Through an improvement agreement with the City for a commercial 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. 7. Accept municipal improvements, Taylor Woodrow Homes, Inc, Sterling Square at Civic Park. (No documentation in packet). These applicants have completed City-specified improvements 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 Foods Market, 20955 Stevens Creek Boulevard. APN 316-31-018 and 316-31-020, (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) - None September 4, 2007 Cupertino City Council Page 3 PUBLIC HEARINGS - None UNFINISHED BUSINESS - None NEW BUSINESS 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 Innovation 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 minutes 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 coverage from the Telecommunication, Information and Communications Commission (TICC). Andrew Radle and Peter Freidland, members of the Telecommunications, Information and Communications Commission, 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 responses 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. 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 approve 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 feasibility study 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 project. Council suggested looking into solar for the library and the Blue Pheasant, and to consider solar solutions for the swimming pool as well. Lowenthal/Sandoval 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 al'Pointments and reassign Council members to fill vacancies created by Patrick Kwok's resignation. SandovaVLowenthal moved and seconded to recommend 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 appointment. September 4, 2007 Cupertino City Council Page 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 stated that there would be a scheduling conflict with his current Rotary Club responsibilities this year. Sandoval offered a substitute motion 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 conflict 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 reconsideration 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 support for the Council's recommendation. Lowenthal/Sandoval moved and seconded to have the Mayor send a letter recommending that Patrick Kwok be replaced on the BAAQMD by Mayor Wang for the remaining term (through 2010). The motion carried unanimously. Staff to notify other committees of these changes: · Association of Bay Area Governments - Councilmember Mahoney is primary representative · Environmental 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 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 Councilmember Lowenthal to the Santa Clara County Recycling and Waste Reduction Committee to replace Patrick K wok. 14. Accept resignation of Planning Commission Vice-Chairman Cary 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 carried unanimously. 15. Receive the Annual Reoort from 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 A wards 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. Lowenthal/Mahoney 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 annual 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 moved and 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 Modifving the Composition of the Technology. Information. 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. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. September 4, 2007 Cupertino City Council Page 7 ORDINANCES 18. Conduct the second 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." Mahoney/Lowenthal 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 reading of Ordinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No.2 by Rezoning Approximately 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 Kelly 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 underperforming/outmoded 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 housing/CDBG 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 Councilmember Lowenthal thanked Fari Aberg for all her work 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. 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. 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.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.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.