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CC 10-16-07 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber (6:45 p.m.) Tuesday, October 16,2007 5:00 p.m. CITY COUNCIL MEETING ROLL CALL At 5:00 p.m., the Mayor Kris Wang called the meeting to order in City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Kris Wang, Vice-Mayor Dolly Sandoval, and Council members Richard Lowenthal and Orrin Mahoney. Absent: none. INTERVIEWS 1. Conduct interviews for an unscheduled vacancy on the Planning Commission. The City Council interviewed Winnie Lee, Jessica Rose, James Black, Ram Gopal, and Eric Rafia. They appointed Jessica Rose to a partial term ending January 2009. RECESS Council was in recess from 6:20 to 6:45 p.m. 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. CLOSED SESSION - None October 18, 2007 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS 2. Cupertino Square shopping center update. (No documentation in packet). This item was continued to November 5. 3. Proclamation honoring Mr. Jin Ho Kim for his 15 years of voluntary service to the Silicon Valley Korean School. (No documentation in packet). Mayor Kris Wang presented the proclamation. Mayor Wang also presented proclamations to Senior Center pIano and keyboard recital performers. RECESS 4. Reception for City Channel 26 in recognition of their First Place award for Public/Community Meetings from the National Association of Telecommunications Officers and Advisors (NA TOA). (No documentation in packet). Assistant to the City Manager Sharon Russell introduced a short video clip of the City Channel winning the award. Public Information Officer Rick Kitson explained that the City of Cupertino had the first government channel in Silicon Valley, organized in 1984, and was the first to web cast its Council meetings, beginning in 2001. He introduced the City Channel with a behind-the-scenes tour. He noted that this award is just one of five that the City Channel has received, including the Helen Putnam award for its work in the Community Hall, writing excellence for the Cupertino Scene, Pegasus A wards for its production excellence, and another NA TOA award for its election coverage. The meeting was in recess from 7:18 to 7:44 p.m. while a reception was held. POSTPONEMENTS . Item No.2, Cupertino Square Shopping update, was continued to November 5 . Item No. 18, second reading of Ordinance No. 07-1994, was continued to November 20 . Item No. 20, Moxley property report, was continued to November 5 WRITTEN COMMUNICATIONS · An email dated October 16 from Bret Moxley asking for a continuance for Item No. 20 · A letter dated October 16 from the Chamber of Commerce regarding Item No. 15, Global Green Sustainability Project October 18, 2007 Cupertino City Council Page 3 ORAL COMMUNICATIONS Suzanne a' Becket represented 70 homes surrounding Memorial Park complaining that the Moon Festival is disruptive and she requested Council to find another venue for this particular festival. She noted that this issue was discussed at length last year with neighbors, City officials, and festival representatives and they were told that if the festival didn't conform to City guidelines then it would not be invited back. She said this is the only event the neighbors have problems with. City Manager David Knapp said staff had received the concerns and are in the process of developing a report to show some options. Council will also review the matter when it does its annual festival review. Michael Gottwald said he would like to see Oktoberfest returned to Memorial Park. CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Wang, Sandoval, Lowenthal, and Mahoney. Noes: None 5. Approve the minutes from the October 2 City Council meeting. 6. Adopt resolutions accepting Accounts Payable for September 28 and October 5, Resolution Nos. 07-172 and 07-173. 7. Adopt a resolution accepting Payroll for October 5, Resolution No. 07-174. 8. Approve an application for an Alcoholic Beverage License, On-Sale Beer and Wine - Eating Place (41) and On Sale General - Eating Place (47) for Kikusushi Japanese Restaurant, 1655 S. De Anza Blvd., Ste. 6 (Coach House Shopping Center). 9. Approve an application for an Alcoholic Beverage License, On Sale Beer & Wine - Eating Place (41) for Gumbas, 21678 Stevens Creek Blvd. (Stanley Square). 10. Accept municipal improvements for Marketplace Shopping Center, APN Nos. 369-06- 008,009 and 010, 19620. 19724-19770 Stevens Creek Boulevard (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including grading, paving, erosion control, swales and a bus duck out as required by the improvement agreement with the City. 11. Accept municipal improvements for Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030 (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way including curb, gutter, and driveway as required by the improvement agreement with the City. October 18, 2007 Cupertino City Council Page 4 12. Adopt a resolution amending the Unrepresented Employees' Compensation Program to add an auto allowance for the Executive Assistant to the City Attorney, Resolution No. 07-176. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 13. Consider adopting a resolution vacating surplus right-of-way on a portion of Mercedes Road (22831) as set forth in Resolution No. 07-161, Resolution No. 07-175. Lowenthal/Mahoney moved and seconded to adopt resolution No. 07-175, vacating surplus right-of-way on Mercedes Road. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 14. Consider the costs for the design, fabrication and installation of a sink with the necessary cabinetry and amenities for the main level of City Hall in the administrative area at an approximate cost of $40,000 from the City Hall maintenance budget. Sandoval/Lowenthal moved and seconded to approve staff s recommendation for a maximum cost of $40,000 with a caveat that the City moves away from using paper and plastic. The motion carried unanimously. 15. Global Green Sustainability Proiect tentative scope of work for a Green Building Program and other recycling programs that could be implemented. Mark McKenna from the Chamber Commerce said that this is a good concept and something that the Chamber can get involved with and help the City with. He noted that six months study wasn't long enough, and recommended 18 months to allow for better data. Council concurred on the following from pages 15-27 through 15-29 of staff report: · No on residential food scrap program · Come back with more information in Jan. or Feb. on multi-family and commercial single stream program · Come back in Jan. or Feb. on commercial food waste · Come back in a month on construction and demolition debris ordinance · Come back in Jan. or Feb. with information about what's been done elsewhere and a model ordinance on an extended producer responsibility policy (EPR) · Come back in one month with an incentive plan · Set aside $50,000 for the incentive program from the $500,000 for solar for city hall October 18, 2007 Cupertino City Council Page 5 · Provide Council with a performance-based incentive plan · In six months Council will review effectiveness of the voluntary program and decide whether a mandatory program would be more effective · For discretionary projects, there should be a review of the green building measures that developers are including in their projects · Reports to the Environmental Review Committee (ERC), Planning Commission and City Council should incorporate a section of the green building measures a developer is incorporating in the project 16. Legislative Review Committee recommendation regarding "Build the Library - Measure B" in Sunnyvale. Pam Anderson, Sunnyvale resident, said that libraries are a virtual network within cities and the network works well when all facilities are up to par. She urged support of Measure B. Jim Griffith, Sunnyvale resident, gave statistics regarding Sunnyvale library circulation. He said that Sunnyvale hasn't expanded its library in a number of years and residents must go to other cities for library use. He urged support of Measure B to help off-load some of Cupertino's load onto Sunnyvale's library. He circulated a partial list of endorsements for Measure B. Mahoney/Sandoval moved and seconded to support Sunnyvale's Measure B, as recommended by the Legislative Review Committee, and to authorize the Mayor to sign a letter of support. The motion carried unanimously. 17. Consider a fee waiver request from the Organization of Special Needs Families of approximately $1,100 in facility use fees for the 2007 Summer Day Camp conducted in the Cupertino Community Hall and the Cupertino Sports Center. Lowenthal/Sandoval moved and seconded to deny the fee waiver request. The motion carried unanimously. ORDINANCES 18. 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." (Continued from September 4). Sandoval/Lowenthal moved and seconded to continue this item to November 20. The motion carried unanimously. October 18, 2007 Cupertino City Council Page 6 ST AFF REPORTS 19. Review results of the shopping cart survey and staff recommendations. Jennifer Griffin said that the Rancho Rinconada area has a huge shopping cart problem and this can be a sign of blight. She suggested requiring cart-locking mechanisms for current stores and future stores in Cupertino. Sparky Cohen suggested that maybe people take the carts because they lack transportation. He suggested that bringing back the carts to stores would be a good way for kids to make money. Council concurred to promote calling 777-CITY with any reports of lost shopping carts. 20. Receive a report on the former Moxley property on Lindy Lane related to tree protection and the subdivision improvement plan. Mahoney/Lowenthal moved and seconded to continue this item to November 5 and directed staff to make it an action item on the agenda. The motion carried unanimously. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:45 p.m. the meeting was adjourned. The next City Council meeting will be held on Monday, November 5, at 6:45 p.m. due to the General Municipal Election on November 6. u Grace Schmidt, Deputy 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.