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CC 05-06-08C U P E RT I N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, May 6, 2008 ROLL CALL At 5:12 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Dolly Sandoval and Council members Mark Santoro and Gilbert Wong. Absent: Vice-Mayor Orrin Mahoney and Council member Kris Wang. STUDY SESSION Conduct a study session regarding the transition process for the City Attorney's office (No documentation in packet). Consultant Jayne Williams, a principal with Public Management Advisors, LLC, reviewed her report titled "Cupertino City Attorney Services -Report to the City Council" dated May 6, 2008. Ms. Williams highlighted the City Attorney job description, how the position could be evaluated, the tasks performed by the current attorney, and compensation and cost factors. She also discussed the differences between an "in-house" and a contract city attorney, and said it appeared that afull-time, in-house attorney would be the most cost efficient solution given the City's current needs. She suggested that the City Council focus their search for someone with experience, which would be most important to Cupertino. City Attorney Charles Kilian said that Cupertino does not need an expert on condemiiation~.procedures, police, fire, or tort liability, but it would be helpful if the person has experience in writ practice or the upcoming Housing Element update. The Council members discussed the merits of having an in-house attorney versus a contract firm, and asked the consultant to provide some samples of contracts, recruitment brochures, and evaluation forms, and agreed to continue this discussion on May 19 when they were finished with commission interviews. RECESS The meeting recessed at 6:14 p.m., and reconvened at 6:45 p.m. May 6, 2008 Cupertino City Council PLEDGE OF ALLEGIANCE Page 2 At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Dolly Sandoval and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: Vice-Mayor Orrin Mahoney. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 2. Announcement about Community Service Day, May 17, 2008 (No documentation in packet). This item was postponed until a later date. 3. Proclamation recognizing the week of May 18-24, 2008 as National Public Works Week in Cupertino (No documentation in packet). Mayor Sandoval presented the proclamation to Public Works Director Ralph Qualls. She stated that it was prepared in memory of Traffic Signal Technician Cameron Corry, a City employee who passed away last year. 4. Proclamation declaring the month of April 2008 as Fair Housing Month (No documentation in packet). Mayor Sandoval presented the proclamation to Marjorie Rocha, the Executive Director for the Eden Council for Hope and Opportunity (ECHO) Housing. 5. Presentation from the Santa Clara Valley Water District (SCVWD) regarding an amendment to Assembly Bill 2212 (Ruskin), regarding the Water District (No documentation in packet). Patrick Kwok, member of the Santa Clara County Water District Board, explained that the three main purposes of this bill are to create smaller districts for better representation, reduce the cost of runoff elections by eliminating primary elections, and authorize a tax exemption for those with permanent disabilities who also have low incomes. Mr. Kwok introduced Rick Callender, from the local San Jose Office, and Tom Mattias from Sacramento. Mayor Sandoval explained that this item would be sent to the Legislative Action Committee to report back to the City Council at a future meeting. May 6, 2008 Cupertino City Council Page 3 Mr. Callender said they would appreciate the Council's support as soon as possible, since it would go to the Appropriations Committee next Wednesday. Mayor Sandoval mentioned that about six months ago the Water District had asked the Cupertino Council to take a stand on the retention pond, and the City inquired whether Cupertino residents could participate on that committee, which had already been formed. She asked about the status of that request. Mr. Kwok said that it would be discussed with the City Council in more detail in June. City Manager David Knapp introduced the new Parks and Recreation Director, Mark Linder. Mr. Linder has served as Parks and Recreation Director and as Assistant City Manager in the City of San Jose, and had also worked with Mr. Knapp in Los Gatos. Linder has experience in community organization, community building, and parks and recreation. POSTPONEMENTS • Wong/Wang moved and seconded to continue item No. 21 to June 17, 2008 (vacation of a public utilities easement on Phil Lane). The motion carried unanimously with Council member Mahoney absent. • Sandoval moved to continue item No. 26 to May 20 at the request of Council member Mahoney, so that he could participate in the discussion about whether to add an item to the Planning Commission work program. Wang seconded for purposes of discussion. Sandoval said that typically if there is a request to postpone something, barring any other legal reason, Council has traditionally granted that request as a matter of courtesy. Santoro said that the Planning Commission currently has a light work schedule, but it will be much busier later in the year. He said if the Council decided to add something to the work program, it should be done as quickly as possible. Council members discussed their recollection about how postponements were handled in the past. City Attorney Charles Kilian said that in May last year, when Council member Lowenthal was absent, it was decided that if an applicant requested a continuance until there was a full council available, that continuance would be granted. However, if a hearing was held and the vote was split, that was a denial of the project and there could not be a request for continuance after that. He said it appears that the Mayor is suggesting the same option be offered to a Council member. John Stubblebine said that he just heard about this item today and needed some time to prepare, and would appreciate atwo-week continuance. May 6, 2008 Cupertino City Council Page 4 The motion to continue item No. 26 to May 20 failed, with Sandoval and Wang voting no and Mahoney absent, so item No. 26 would be discussed and voted on later in the evening. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed a staff report for item No. 23, use of funds for school safety, and an email from Phil Quon recommending option No. 2 in the staff report. ORAL COMMUNICATIONS Ron Miller, Chair of the Cupertino Library Commission, noted that it was National Older Adults Month. He also talked about the fund-raising efforts underway to help support the Monday hours at the Cupertino Library. The deadline for buying "Chicago, the Musical" tickets has already passed, but everyone has until June 2 to bid online for a number of dinners and events, which inchided a tour of the Apple campus, a ride in the Sheriff's helicopter, dinner with the Mayor and Community College Chancellor, and an exclusive hour at the library book sale. Auction information is available at www.cupertino.or~,/auction. CONSENT CALENDAR Wang/Wong moved and seconded to pull items 6-14 and l9 because she did not receive any of those items in her Council binder. She also moved approval of items 15-18 and 20. The motion carried with Mahoney absent. Ayes: Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. Absent: Mahoney. Wong/Santoro moved and seconded to approve items 6-14 and 19. Wang said that if the other Council members approved these items, she wouldn't have an opportunity to raise questions on these items in the public. Santoro said that the other Council members had received the reports and could approve those items, and he asked if Wang would mind if that happened. Wang suggested that they be postponed, because she took her responsibilities very seriously. Wong withdrew his motion to approve items 6-14 and 19, and the motion failed. Sandoval moved approval of items 6-14 and 19. Santoro seconded for purposes of discussion. The motion failed, with Sandoval voting aye, Santoro and Wang voting no, Wong abstaining, and Mahoney absent. Wong/Wang moved and seconded to continue items 6-14 and 19 to the meeting of May 20. The motion carried, with Sandoval voting no and Mahoney absent. 15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Lily Chang, Inc., A California Corporation, 10121 Pasadena Avenue, APN 357- 14-015, Resolution No. 08-058. (Approved) May 6, 2008 Cupertino City Council Page 5 16. Adopt a resolution approving an Im~rgvement Agreement, Lily Chang, Inc., A California Corporation, 10121 Pasadena Avenue, APN 357-14-015, Resolution No. 08-059. (Approved) 17. Adopt a resolution approving a Grant of Easement for Streetlight Purposes, Rwei-Chen Lo and Hsiao-Ying Hsiung, 19337 Phil Lane, APN 375-OS-027, Resolution No. 08-060. (Approved) 18. Accept municipal improvements, Ravi S. Rao and Durgamani V. Bandi, 10255 Lockwood Drive, APN 342-14-016 (No documentation in packet). (Approved) 20. Adopt a resolution approving a Grant of Easement for Streetlight Purposes,' Gina Chen, 18881 Tuggle Avenue, APN 375-33-061, Resolution No. 08-063. (Approved) ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Approve the minutes from the April 15 City Council meeting. (Continued to May 20) 7. Adopt a resolution accepting Accounts Payable for April 11, Resolution No. 08-053. (Continued to May 20) 8. Adopt a resolution accepting Accounts Payable for April 18, Resolution No. 08-054. (Continued to May 20) 9. Adopt a resolution accepting Accounts Payable for April 25, Resolution No. 08-055. (Continued to May 20) 10. Adopt a resolution accepting Payroll for April 18, Resolution No. 08-056. (Continued to May 20) 11. Accept the Treasurer's Budget Report for March 2008. (Continued to May 20) 12. Approve the City Investment Policy for 2008. (Continued to May 20) 13. Adopt a resolution declaring brush growing on certain described properties to be a up blic nuisance and setting a hearing for May 20 for objections to proposed removal, Resolution No. 08-057. (Continued to May 20) May 6, 2008 Cupertino City Council Page 6 14. Alcoholic Beverage License Applications: (Continued to May 20) a. Accept an application for an Alcoholic Beverage License for Hoang A. Cuong (Green Valley Liquor), 10073 Saich Way, Off-Sale General (21). b. Accept an application for an Alcoholic Beverage License for Eric Yi (Wang Tofu House), 10789 S. Blaney Ave., On-Sale Beer and Wine -Eating Place (41). 19. Assembly Bill (AB) 939 Solid Waste Mana eg ment programs: (Continued to May 20) a. Approve the Second Amendment to the Agency Agreement for Countywide AB939 Implementation Fee, Resolution No. 08-061. b. Approve the Second Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program,, Resolution No. 08-062. PUBLIC HEARINGS 21. Adopt a resolution approving the vacation of a Public Utilities Easement, 10337 Phil Lane, APN 375-OS-027, Resolution No. 08-064. Continue to June 17, 2008. Under "Postponements" Wong/Wang moved and seconded to continue this item to June 17. The motion carried unanimously with Council member Mahoney absent. UNFINISHED BUSINESS -None NEW BUSINESS 22. Report on Pavement Mana ement, Street Conditions and Preventative Maintenance. Public Works Director Ralph Qualls gave a PowerPoint presentation, which reviewed the pavement management program, methodology, pavement index, maintenance treatments, city street conditions, and an analysis of budget needs. Council members discussed the best way for residents to find out the status of their streets and whether they were scheduled for repair, such as listing the street PCI rating numbers online. Qualls said that the easiest method is for residents to call 777-CITY or send email to ralphq~a,cupertino.org and provide the specific location of the segment of the street in question. He said that the engineering report could be hard to interpret since it contains raw data. Qualls showed acolor-coded map to reflect the repairs that had been done in 2001 through 2006, and explained that in the early 2000's the largest effort was to repair the May 6, 2008 Cupertino City Council Page 7 Rancho Rinconada area when it was annexed. He also explained how repairs are grouped by location and type of repair for greater efficiency. Mike McNutt said that he lived on Westacres Drive, and was a neighborhood block leader for that street. He said that his street was in need of repair because there are a lot of cracks with weeds growing in them. He thought it had been 10 to 15 years since that street had any repairs done to it. John Stubblebine said that as a bike rider, he was glad the chip and seal technique has been eliminated, because it looks like it could cause a terrible rash if the biker were to fall. He asked if the bike lanes would be included in the street maintenance. Qualls said that overlay, slurry or chip repairs are made on the bike lanes as well, and then they are restriped, and any wavy areas are cut out and repaved. Barry Pangrle showed a series of photos illustrating street damage around Terrace Drive, Regnant Road, and part of Lindy, which had not made the scheduled list for repairs. He said that parts of the streets are failing and have ~;~eeds growing through, and previous patches are failing as well. Qualls explained that the areas shown by Mr. Pangrle had been on the 2008 list but the City did not have enough money to complete all those, so it will be moved to the top of the 2009 list along with others left over from the 2008 list. Jack Koplik said he had requested street repairs on Southerland Avenue. There has been some limited patchwork done but there are now major cracks. Qualls said that Southerland Avenue was scheduled for an overly in the next six months. Council concurred to receive the report. Later in the evening, Council also concurred to directed staff to provide the PCI ratings for Cupertino streets on the website. 23. Consider a proposal for the best use of $300,000 earmarked for safety around schools. (No documentation in packet). Mayor Sandoval announced that a report was given to the Council members this evening from Captain Terry Calderone, Santa Clara County Sheriff's Office. Captain Calderone reviewed the recommendations in his staff report. Option 1 was to use the full $300,000 to make improvements to reduce congestion and increase safety for both pedestrian and vehicle traffic. Option No. 2 would be to use $78,210 toward safety improvements in the tri-school area, and roll the remaining $221,790 over to pay for 75% of a second School Resource Officer (SRO) for the next two-year period. Katy Waugh, a nurse with the Cupertino Union School District (CUSD), said she had worked with the SROs over the years, and felt that the relationships that developed between the officers and children have long-term effects in building trust and helping to keep kids safe in school. May 6, 2008 Cupertino City Council Page 8 Linda Rios, outreach consultant for the City and CUSD, said she had worked with the Sheriffs Office for the last 12 years and served with 10 different SROs. She said that position is integral to the safety of this community, which is unique in the area. The program is preventive, educational, and key relationships are built with students, teachers and counselors. David Greenstein, a member of the Parks and Recreation Commission, spoke in favor of option 1. He said he had served on the School Site Committee, and essentially the parents had become traffic cops, but were not as successful as an actual traffic officer would be. He said better enforcement was needed because people still park their cars on the sidewalks, let children out on the road, or double-park and let the children run between cars. He said they will continue to do their best, but need some help. Sandoval moved to fund the second SRO position for one year. The motion failed for lack of a second. Captain Calderone offered to come back to City Council with an additional report discussing various options on how to spend $190,000 if the SRO position were budgeted for one year instead of two. Wong/Santoro moved and seconded to (1) Continue this item to May 20; (2) Have Captain Calderone come back with another matrix of costs up to $300,000, one of which is the city's second SRO for one year, and for the balance of the $190,000, provide traffic improvement ideas around the city, not just the tri-school area; and (3) Direct City staff and Sheriffs Office to outreach to the school districts. The City Manager said that he would contact the school superintendants. The motion carried with Mahoney absent. 24. Confirmation of ad hoc Historical Preservation Advisory Committee members. Community Development Director Steve Piasecki said the staff recommendation was for Council to appoint Historical Society Members Helene M. Davis and Mark Joseph McKenna, and Cupertino Resident George S. Monk to an ad hoc committee. The committee would work with staff to update the list of properties with historic significance, and to identify different ways of recognizing, commemorating, restoring, or requiring the restoration of historical buildings. Staff would continue to advertise the remaining vacancies and return to City Council when more applications were received. Jennifer Griffin said it's time for Cupertino to have a historical commission, and most other surrounding communities already have them. She said it could be a strong resource for preservation of both past and future, from the time of the Spanish explorers to the future and modern technology. She suggested plaques on Bubb Road to commemorate the Apple founders. Wong/Sandoval moved and seconded to confirm the ad hoc committee members as recommended in the staff report. The motion carried 4-1, with Mahoney absent. May 6, 2008 Cupertino City Council Page 9 25. Set interview date for vacancies on the Public Safety Commission, the Senior Citizens' Commission, and the Technology, Information, and Communications Commission. The City Council concurred to hold interviews on May 19 at 4:00 p.m., after the City Council has completed the Teen Commission interviews, and before continuing the discussion of the transition in the City Attorney's office. 26. Request by Council members Santoro and Wong to consider adding the "second story Floor Area Ratio (FAR)" to the Planning Commission work program (No documentation in packet). Council member Santoro said he believed that in the R1 zoning designation, the second- floor-to-first floor ratio was causing people to build larger houses than they otherwise would have chosen to do, in order to have a second floor in a desired size. He wanted to keep the setbacks and privacy solutions as they are, but to look for ways to make the first floor smaller. Sandoval said she felt that that Council had already decided not to include this topic on the Planning Commission work program, and for that reason, and because Council member Mahoney had requested a continuance so he could participate, she was inclined to vote no on a motion to put this issue before the Planning Commission. Community Development Director Steve Piasecki suggested that if the item is added to the work program, it be put at the end of the list. Although the Planning Commission has not had a heavy workload recently, the Planning staff is at limited capacity for about six months because of turnover and extended leaves, and they are having difficulty keeping up with processing current projects, staffing the public counter, etc. He said he understood that the idea is to limit the discussion to only the floor ratio, but the last attempt to discuss the R1 changes took four years, although it was a much larger scope. Jennifer Griffin, resident, objected to the proposal to re-open the Rl topic, and she discussed the extensive studies the City had gone through in 1995 and 1999. John Stubblebine, resident, said he was concerned that there was no documentation on this topic, and he would like some time to prepare before the matter is discussed. Santoro clarified that his intent was not to discuss the total floor area ratio of the lots, or to allow bigger houses. It was only to discuss whether the Planning Commission should provide notice to the neighborhoods to discuss the second-floor-to-first-floor ratio. Santoro/Wong moved and seconded to add the R1 second-to-first floor ratio to the Planning Commission's work program with instructions to complete the item by the end of September, and that the item be placed on the City Council's agenda in October 2008. May 6, 2008 Cupertino City Council Page 10 Community Development Director Piasecki said that he would return to the City Council with a list of other items on the work program, which may need to be delayed to accommodate this new item. The motion carried with Sandoval voting no and Mahoney absent. ORDINANCES 27. Conduct the second reading of Ordinance No. 08-2,027: "An Ordinance of the Cupertino City Council amending Sections 2.08.096 and 19.136.020 of the Municipal Code to provide for refunds of fees." Wong/Santoro moved and seconded to read the ordinance by title only and that the City Clerk' reading would constitute the second reading thereof. Ayes: Sandoval, Santoro, Wang, and Wong. Noes: None. Absent: Mahoney. Wong/Santoro moved and seconded to enact Ordinance No. 08-2027. Ayes: Sandoval, Santoro, Wang, and Wong. Noes: None. Absent: Mahoney. STAFF REPORTS COUNCIL REPORTS ADJOURNMENT At 10:53 p.m. the meeting was adjourned to Tuesday, May 19, at 4:00 p.m. for Teen, Senior Citizen's, and Technology, Information, and Communication Commission interviews, and the continuation of a discussion about the transition in the Cit,; Attorney's office. The meeting will be held in Conference Room A, Cupertino City Hall, 10300 Torre Avenue, Cupertino. ~~2 ,~~ Kimberly Smit ,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.cupei-tino.or~. 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.