06. Draft MinutesCUPERTINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, February.l9, 2008
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber,
10350 Tonne Avenue, Cupertino, California, and led tlt~~'P~edge of Allegiance.
ROLL CALL
Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Kris Wang
and Gilbert Wong. Absent: none.
CLOSED SESSION- None
CEREMONIAL MATTERS -PRESENTATIONS
1. Cupertino Square shopping center update. (Continued from January 15}. No
documentation in packet.
Economic Development Director Kelly Kline noted the following via a PowerPoint
presentation: article in the Mercury News on Feb. 1 detailing the mall developments and
the growth potential; new ownership group called Orbit Resources; update on fountains,
restrooms, police station, infrastructure, new. I-280 sign, new entrances, Wolfe Rd. retail,
coimpletion of food court, relocation of leasing office and childcare; leasing strategy with
new tenant leases such as Steve & Barry's anci Hoftbrauhaus; leasing to bring in mini
anchors in with unique, smaller tenants such as Munich Bakery, Vapiano Restaurant, and
De Anza partnership; continued upgrades of existing tenants such as Macy's, Benihana's,
and T.G.I. Friday's; building on the success of the AMC Theaters and Strike! Cupertino.
POSTPONEMENTS -None
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed the following items:
• A confidential memo to members of the Council regarding Item No. 6, Rancho
Rinconada Park.
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February 19, 2008 .Cupertino City Council Page 2
ORAL COMMUNICATIONS
Carol Reppucci talked about the American Cancer Society's Relay for Life Fight Back
Ceremony. She noted the event would take place on July 19 at 10:00 a.m. and end 24 hours later.
An open house for Cupertino will take place on March 31 from 7-9 p.m. at the Quinlan
Community Center. A video of the Relay for Life from last year will be shown.
Ruby Elbogen thanked Council and staff for supporting the Relay for Life. Anyone interested
may call the Chamber of Commerce at 252-7054 or visit the Relay for Life website at
events. cancer.org/rflcupertinoca.
James Mac Hale, Assistant Scout Master for Troop 453, explained that the scouts in his troop
were pursuing a merit badge in Community Participation. One requirement of that badge is to
come to a public meeting and also interview an official in order to gain an understanding of how
the community works. Justin Hsiung and Reuben Wong, scouts from Troop 453, spoke briefly
regarding their attendance at tonight's meeting to help fulfill the requirements for their merit
badges.
CONSENT CALENDAR
Wang/Mahoney moved and seconded to approve the items on the Consent Calendar as
recommended. Ayes: Mahoney, Sandoval, Wang, and Wong. Noes: None.
2. Approve the minutes from the February 4 City Council meeting.
3. Adopt resolutions accepting Accounts Payable., for January 25, February 1, and February
8, Resolution Nos. 08-018 through 08-020.
4. Adopt a resolution accepting Payroll for February 8, Resolution No. 08-021.
ITEMS REMOVED FROM THE CONSENT CALENDAR {above) -none
PUBLIC HEARINGS -none
UNFINISHED BUSINESS -none
NEW BUSINESS
Mayor Sandoval reordered the agenda to take up item No. 6 next..
6. Adopt a resolution approving the purchase of property from the San Jose-Water Company
for the development of the Rancho Rinconada Park at Sterling Boulevard and Barnhart
Avenue in the Amount of $1,500,000 and authorizing the City Manager to negotiate and
execute all necessary documents to complete the acquisition, Resolution No. 08-022.
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February 19, 2008 Cupertino City Council
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Jennifer Griffin said that the area of Barnhart and Sterling has been an area residents
worked on for many years to have a park created. She urged Council to make resources
available to complete the purchase of the park.
At 7:17 p.m. Council recessed to a closed session with representatives of the City, City
Manager David Knapp and Public Works Director;Ralph Qualls, pursuant to Government
Code Section 54956.8, Negotiations for purchase; sale, exchange, or lease of real
property.
At 7:45 p.m. Council reconvened in open session. City Attorney Charles Kilian reported
that no action was taken.
Wang/Mahoney moved and seconded to adopt Resolution No. 08-022. The motion
carried unanimously.
5. Review and approve 2007/08 mid-year budget adjustments.
Helene Davis, Board President for the Cupertino; Historical Society, said she supported
the use of city funds to rehabilitate the Stocklmeir orchard.
Wong/Wang moved and seconded to adopt the mid-year budget adjustments as set forth
in the staff report. The motion carried unanimously.
7. Provide direction for the preparation of a proposed Historic Preservation Ordinance,
Application No. CP-2007-03, City of Cupertino, Citywide.
Jennifer Griffin urged Council to begin proceedings to establish an historic preservation
ordinance.
Pat Allen said his house is on the list of properties with historic value. He suggested that
the ad hoc committee have members who would be most affected by and have the most to
gain by having an historic preservation ordinance.
Mahoney/Wong moved and seconded to move forward with the historical preservation
policy agreeing with the parameters listed in the staff report on page 7-2; define a
committee of 5-7 people of which 2-3 are from the Historical Society with a majority of
the historical society members being residents; the non-Historical Society members must
be Cupertino residents to be solicited with outreach including a press release; receive
applications to come back to City Council for approval in March or April; and add the
date "2007" after November 15 in the second paragraph on page 7-2 of the staff report.
The motion carried unanimously.
Council recessed at 8:30 p.m. for a short break, and reconvened at 8:35 p.m.
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February 19, 2008 Cupertino City Council Page 4
8. Approve the 2008-2009 Work Program.
Wang/Mahoney moved and seconded to approve the 2008-2009 work program with the
following changes: on page 8-7 of the packet, move the comments in the top center box
under status, second paragraph, to the comments section and amend to read, "The multi-
purpose court {for basketball, badminton, etc.} project was funded in the 2007/2008 CIl'";
change the wording on page 8-17 under Heart o~ the City at the upper right hand corner to
read, "Technical revisions to the Heart of the City plan are being prepared for Planning
Commission review in spring 2008, and then on to Council June of 2008"; add permit
streamlining proposal in the proposed budget; add gym to the unfunded CIP list. The
motion carried unanimously.
9. Accept the resignation of Senior Citizen's Commissioner Steven Stone and choose
application deadline and interview dates. _ _
Wong/Wang moved and seconded to accept Mr. Stone's resignation, to hold interviews
on March 18 and to set March 11, 2008 as the application deadline.
ORDINANCES
10. Conduct the second reading of Ordinance No. 2008-2022: "An Ordinance of the City of
Cupertina Amending the Cupertino Municipal Code, Adding Chapter 1 b.70 -Recycling
and Diversion of Construction and Demolition Waste."
Mahoney/Wong moved and seconded to read the ordinance by title only and that the City
Clerk's reading would constitute the second.,reading thereof. Ayes: Mahoney, Sandoval,
Wang, and Wong. Noes: None:
Mahoney/Wong moved and seconded to enact Ordinance No. 2008-2022 Ayes:
Mahoney, Sandoval, Wang, and Wong. Noes: None.
11. Conduct the second reading of Ordinance No. 2008-2023: "An Ordinance of ths City
Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino
Municipal Code Relating to Establishment of Vehicular Stop Required at Certain
Intersections; Glencoe Drive at Garden Ga#e Drive, Hanford Drive at Beardon Avenue,
and Fargo Drive at Beardon Avenue.
Wong/Mahoney moved and seconded to read the ordinance by title only and that the City
Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval,
Wang, and Wong. Noes: None.
Wong/Mahoney moved and seconded to enact Ordinance No. 2008-2023. Ayes:
Mahoney, Sandoval, Wang, and Wong. Noes: None.
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February 19, 2008 Cupertino City Council Page 5
STAFF REPORTS
Community Development Director Steve Piasecki reported that PG&E removed a number of
trees from the Deep Cliff Golf Course property in order to clear one of their power transmission
lines. He explained that neighbors had complained about the trees being removed and staff asked
PG&E to stop for the moment and work with the City to save as many of the trees as possible. He
noted that the Public Utilities' Commission exempts PG8cE from the City's tree ordinance and
PG&E chose to proceed with the tree removals without working.with the City first.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 9:30 p.m. the meeting was adjourned to Tuesday, March 4 at 6:00 p.m. for the swearing-in
ceremony for the newly elected City Council member.
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 CounciU Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Online.
Videotapes are available at the Cupertino Library, or maybe purchased from the Cupertino City
Channel, 777-2364.
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