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CC 05-20-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 20, 2008 PLEDGE OF ALLEGIANCE At 6:47 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, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 1. Presentation by Speaker Pro Tem Sally Lieber to Michele Lew, the 2008 Assembly District Woman of the Year. (No documentation in packet). Speaker Pro Tem Sally Lieber presented a proclamation to Michele Lew in recognition of her work with Asian Americans for Community Involvement. Mayor Sandoval also presented a proclamation to Michele Lew for her leadership in Cupertino. 2. Declare the month of May as Foster Care Appreciation Month. (No documentation in packet). Mayor Sandoval presented the proclamation to Jane Ramirez representing Cupertino Foster Care Parents. POSTPONEMENTS -None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • Item No. 16, emails from Rich Feldman, Diane Bodwin, Pam Marino, Carol Stanek, and Rhoda Fry • Item No. 17, South Vallco Master Plan • Item No. 18, email from Eva Wong • Item No. 19, emails from Jessica Rose and Render Chiu May 20, 2008 Cupertino City Council Page 2 • Item No. 20, email from Sandra James ORAL COMMUNICATIONS Sali Schille, Co-leader of Cool Cities in Cupertino, said that Cool Cities is a Sierra Club group of concerned residents to help organize the community to ensure that action is taken on climate change. She thanked Cupertino for signing the US Mayor's Climate Protection Agreement and for working toward establishing green building standards. She noted her group meets every 2nd Monday at 7:30 p.m. in City Hall. Barbara Rogers talked about the streets in Cupertino and said she was concerned about repair. She said that staff is doing a good job with the pavement management and urged Council to look at putting more money toward infrastructure so that the streets don't deteriorate further. Deborah Hill said that her dog died recently, that she received a 90-day notice at her current residence, and that she is looking for another place to live near bus lines and transportation. She asked Council to help her find a place through Section 8 of the Housing Authority. Ruby Elbogen talked about the Cancer Society's Relay for Life, noting how important it is for people to participate since 1 out of 3 people are diagnosed with cancer. She noted that the event takes place from July 19 at 10:00 a.m. to July 20 at 10:00 a.m. at De Anza College. She thanked Council and staff for their support and urged support and participation in the event. Call 688- 0087 for more information. CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 15, which was pulled for discussion. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Approve the minutes from the April 15 (continued from May 6), April 29 and May 6 City Council meetings. 4. Adopt resolutions accepting Accounts Pa.~ for April 11, 18, 25 (continued from May 6), May 2 and May 9, Resolution Nos. 08-053-055, 08-064 and 08-065. 5. Adopt a resolution accepting Payroll for April 18 (continued from May 6) and May 2, Resolution Nos. 08-056 and OS-066. 6. Accept the Treasurer's Bud eg t Report for March 2008. (Continued from May 6). 7. Approve the City Investment Policy for 2008. (Continued from May 6). 8. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and setting a hearing for June 2 for objections to proposed removal, Resolution No. 08-057. (Continued from May 6). May 20, 2008 Cupertino City Council Page 3 9. Adopt a resolution approving records destruction from the Finance, Code Enforcement, Community Development, and City Clerk departments, Resolution No. 08-067. 10. Accept applications for an Alcoholic Beverage License: a. Hoang A. Cuong (Green Valley Liquor), 10073 Saich Way, Off-Sale General (21). (Continued from May 6) b. Eric Yi (Wang Tofu House), 10789 S. Blaney Ave., On-Sale Beer and Wine - Eating Place (41). (Continued from May 6) c. Hofbrau Beer Hall SV, LLC, 10123 N. Wolfe Rd. #2124, On Sale General - Eating Place (47) 11. Assembly Bill (AB) 939 Solid Waste Mana eg ment programs. (Continued from May 6): 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 12. Accept municipal improvements (No documentation in packet): Yun Kei Tsang and Saw Hoon Goh, 21708 Alcazar Avenue, APN 357-19-014 b. Pancal Catalano, L.P., A California Limited Partnership, 11081 S. Stelling Road, APN 362-18-003 The applicants have completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, and driveway work as required by the improvement agreement with the City. 13. Accept municipal improvements, Steven Canyon Villas, LLC, a California Limited Liability Company, Stevens Cannon Road and St. Andrews Avenue, APN(s) 356-03-001, 356-03-045, 356-03-046, 356-03-047, 356-03-048 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, driveway and erosion control work as required by the improvement agreement with the City. 14. Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding from the Metropolitan Transportation Commission in the amount of $115,040.00 for the Mary Avenue Bicycle Footbridge. These funds are included as part May 20, 2008 Cupertino City Council Page 4 of the overall budget previously approved by Council for the Marv Avenue Bicycle Footbridge project, Resolution No. 08-068. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 15. Authorize the City Manager to sign an agreement with Santa Clara County, designating the County as lead agency under the Surface Mining and Reclamation Act (SMARA) and the California Environmental Quality Act (CEQA) to process a reclamation plan amendment for Stevens Creek Quarry,_Inc., 12100 Stevens Canyon Road, which encompasses a portion of territory under the jurisdiction of Cupertino. John Kolski said that the wording in the agreement would be clarified and filled out before the parties sign the agreement. Gary Rudholm, Senior Planner with the County said that this agenda item specifies who would take the lead in processing the application. He noted that there would be public notice and a public hearing at a County meeting before a decision is made on the project. He answered questions from Council members. Wang/Mahoney moved and seconded to approve this item with an amendment to the agreement to require notification of Cupertino residents. The motion carried unanimously. PUBLIC HEARINGS -None UNFINISHED BUSINESS 16. Award a Construction Contract to Ferma Corporation for construction of the Stevens Creek Corridor Phase 1 A Project in the amount of $2,265,457.70 and approve a construction contingency in the amount of $500,000. Bob Power, Executive Director of the Santa Clara Valley Audubon Society, spoke in favor of the project and urged Council to award the contract and approve the construction contingency. Deborah Jamison requested that planning staff consider an alternate alignment of the trail so that none of the McClellan Ranch meadow is taken away. She was concerned with what would be done to keep trail users off the meadow. She also requested that all of the planting, including in the pool area, be native plants or plants reflective of Cupertino's rural history. She urged Council to award the contract and approve the construction contingency. Carol Stanek urged Council to approve the bid. She noted that the bid amount is under budget, it includes everything from the previous Council's vision, and will get kids to walk and bike to school. May 20, 2008 Cupertino City Council Page 5 David Greenstein from the Parks and Recreation Commission said that he worked on the Stevens Creek Task Force back in 2001 and that the City has been waiting a long time for this project. He urged Council to approve the bid. Mahoney/Santoro moved and seconded to award the project to Ferma Corporation as recommended by staff, with a construction contingency of $1.4 million for the entire project. Wang offered an amendment to move $420,000 from the project budget into the General Fund. Santoro seconded the amendment. Mahoney accepted the amendment. The motion carried with Sandoval and Mahoney voting no. Wong offered a friendly amendment to award the Phase 1B contract at the second meeting in July. Wang offered a modification to the amendment to have all five members present when the Phase 1 B contract is awarded. Wong accepted the modification to his amendment. Wang seconded the motion. Mahoney accepted the friendly amendment. The motion carried unanimously, and the contract will be awarded when all members of Council are present. The original motion to award the project as recommended by staff with a construction contingency of $1.4 million for the entire project along with the two amendments carried unanimously. Director of Public Works Ralph Qualls noted that the effect of Council's action is that the entire project budget has been reduced by $420,000 for a new budget amount of $13,703,000. Council recessed from 8:45 p.m. to 8:55 p.m. 17. Status report on the South Vallco Master Plan. (Sandhill Properties). Kevin Dare, Project Manager with Sandhill Property Company, talked about the components of the plan, including connectivity between the properties. He noted that Council had previously asked Sandhill to do extensive outreach and he said that they had met with the adjacent property owners, corporate neighbors, community action groups, and members of the community, holding over 20 meetings. Kenneth Rodrigues from Partners, Inc. gave an overview of comments from the community meetings, including a downtown and main street feel; appeal to wider area of residents; trees, benches, and lighting; connectivity to schools and shopping; public spaces and community gathering spots; slower traffic along Stevens Creek Boulevard, and desire for abicycle-friendly design. They also discussed existing and future land use; existing and proposed vehicular patterns, pedestrian circulation, landscape features, common design features, park features, and having the buildings along Stevens Creek vary in scale as in a downtown area. May 20, 2008 Cupertino City Council Page 6 Gary Laymon from Guzzardo Partnership talked about landscape elements and planning issues, including maintaining current trees or replacing sick trees with the same kind; including new large-scale trees along Stevens Creek Boulevard; their desire to tie in Cupertino's agrarian history; creating signature pieces as a gateway; pedestrian connections and pavement enhancement at all intersections; site lighting to allow for sidewalks; aesthetics with lots of color and seasonal interest; and a gateway with information about what's happening in the community. Jennifer Griffin said that this should be atop-quality project that doesn't impede traffic in the eastern Cupertino neighborhood. She said that parking on Stevens Creek isn't a good idea because it would slow down traffic too much and hold residents back from shopping easily at Cupertino Square. She urged Council to keep the ash trees in the area, to replace the oak tree with the same specimen, and to keep the traffic barrier in place at Tantau. Jeff Kidder said that he is a pedestrian in Cupertino and looks for places to walk to as a destination. He said he was concerned that sustainability didn't come up in the Stevens Creek corridor Master Plan or the South Vallco Master Plan. Keith Murphy said he lives across from the area and thanked the developers for trying to include the community in their planning process. He noted that this is anon-binding master plan and that specifics shouldn't be talked about tonight. He said he liked the pre- planning discussions with the stakeholders and suggested using a big box oak tree to use as a gateway. Darrel Lum thanked Council and Sandhill Properties for asking the public to participate in the planning process. He showed pictures of the previous Toll Brothers project in this area. He said this piece of land gives Cupertino a unique opportunity to make a green space in this area and that Highway 280 shouldn't present a barrier because an underpass could be created. Al Di Francesco, member of the Cupertino Amateur Radio Emergency Services (CARES), asked Council to show the bubble diagram to the Cupertino community first before making any decisions. He thanked Sandhill for communicating to the public. Council received the report and specified that the following issues must be studied and/or evaluated by the Planning Commission: ^ Active retail spaces along Vallco Pkwy (from Wolfe Rd. to Tantau Ave.), and Tantau Ave., connected to the current retail at Cupertino Square ^ Abandonment of Finch Avenue ^ Connection from the project to the Calabasas creek trail and/or the potential of daylighting the boxed culvert ^ Sustainability (energy reduction) programs/measures ^ Diagonal crossing at Wolfe Road and Vallco Parkway intersection ^ The health of the ash trees along Vallco Parkway (preserve to the maximum extent possible) May 20, 2008 Cupertino City Council Page 7 • A replacement strategy for the oak tree at the corner of Finch Ave and Stevens Creek if it's dead ^ Ensure appropriate connection to the Rosebowl project and that the sites are at the same level ^ Parking along Stevens Creek Boulevard ^ Allow the Sandhill application and the master plan to go forward in parallel 18. Consider a proposal for the best use of $300,000 earmarked for safety around schools. (Continued from May 6). Captain Terence Calderone, Santa Clara County Sheriffs Office, reviewed the staff and recommended improvements from pages 18-2 through 18-4 of the staff report. Barbara Rogers urged Council (via written comments on speaker card) to hire an additional School Resource Officer (SRO) as recommended. Ray Ramsey, Manager of Safety for the Fremont Union High School District (FUHSD), said the District supports funding a second SRO for the full two years and would contribute its $10,000 portion to the contract. April Scott, Principal of Monta Vista HS, advocated the SRO as an invaluable resource to the school. Michael Gottwald urged Council (via written comments on speaker card) to consider the best proposal to improve safety around the schools, since kids are a number one priority. Nancy Wood, Principal of Garden Gate Elementary School, said that the most important thing about the SRO is the connection with the teachers and the students, and urged support for funding. Christopher Hickey, licensed Marriage and Family Therapist working at Cupertino High School as a Student Advocate, said that the SROs help him tremendously in his job with counseling the students and with crisis intervention. Jennifer Griffin said that dealing with traffic in front of the schools is important and she liked the idea of moving the crosswalk in front of Lincoln Elementary School. She said the SRO's are imperative for the schools as a first line defense for potential problems. She said she also likes the idea of flashing lights at Sedgwick Elementary School. David Greenstein, representing the School Site Council for Lincoln Elementary, said he supports the concept for safety solutions around Lincoln and it is a reasonable cost. He noted that the improvements are necessary but that it's important to get a perspective from the user's side as well. He suggested a Traffic Resource Officer (TRO) to educate the parents on how to deal with the changes that are proposed and their implementation. May 20, 2008 Cupertino City Council Page 8 Paula Noordeen said that traffic safety is very important at Lincoln and thanked Council for taking the time to look into this issue. Matangi Rajamani said that traffic problems have been there for a long time and different solutions were planned in the past. She said that parents get involved and then nothing changes, and the reality is that there are not many parent volunteers to begin with. She suggested having more police officers on site to enforce the rules already in place in order for real change to happen. Wong/Sandoval moved and seconded to approve the staff recommendation for safety around schools and an SRO position for a total cost of $303, 315. The motion carried unanimously. Santoro/Wong moved and seconded to adopt a minute order to assign the Teen Commission and Public Safety Commission to look into options for incentives to walking, biking, and carpooling to school. The motion carried unanimously. Council recessed from 11:28 p.m. to 11:37 p.m. 19. Consider options for a green building program and other sustainability programs, Application No. CP-2007-01, City of Cupertino, Citywide. Assistant Planer Piu Ghosh reviewed the staff report. Deborah Jamison said that she has advocated for this type of program for many years. She encouraged the City to do as much as possible on green building and sustainability, asked about the use of water cisterns, and encouraged the use of native plants for landscaping. Seema Mittal said that she is an architect and is in favor of mandating the Build It Green checklist for starters, as the best way to get the green initiatives taken care of in residential design. She noted that the zoning codes would have to reflect these checklists in order to protect people's solar space. Jeff Kidder thanked council for its involvement in the sustainability plan. He noted local green building and sustainability examples in the community. He said that the action of the City for new buildings to be LEED silver is good, and to target some of those buildings to being LEED gold. Matangi Rajamani said that Cupertino needs a mandatory green building program and she hoped to see the City do more recycling. She suggested having the blue recycling bins be available at the parks. David Kaneda, Cupertino Planning Commissioner, introduced Sharon Refvem, past president of the U.S. Green Building Council (USGBC) as someone knowledgeable on green buildings and LEEDS. He noted that the State is working on the Green Building Code, which would become voluntary in 2009 and then mandatory after that. He said he May 20, 2008 Cupertino City Council Page 9 agrees that putting in a mandatory system of standards is the only way to get people to design green. Lisa Giefer, Planning Commissioner, said she that as a resident she worked on the sustainability portion of the General Plan on the last task force. She said she liked the Build it Green program because it provides a framework to build throughout California. She urged Cupertino to be a sustainable community and to get on board now. She liked the idea of having a quarterly environmental day and to allow paint solvents to also be recycled in Cupertino. She urged Council approval. Jennifer Griffin said that San Francisco had banned plastic bags and showed the residents the alternatives available. She urged Council to not make a decision to ban plastic bags before allowing the stores to come in and comment first, in addition to the residents. Sharon Refvem from the USGBC answered questions from Council. John Zirelli, General Manager of Los Altos Garbage Company, said that the original proposal included recycling of hazardous materials, like paints and solvents, and they could revisit that with staff. He suggested that the best way to look at zero waste for Cupertino would be through asub-committee in order to focus on environmental awareness and what other cities are doing. Santoro/Wong moved and seconded to approve number 3 on page 19-1 of the staff report to set a threshold of 5000 square feet for City projects to obtain a minimum LEED silver rating. The motion carried unanimously. Santoro/Wong moved and seconded to remove number 2c from page 19-1 of the staff report regarding banning plastic bags, to be brought up again to Council at a later date. The motion carried unanimously. Mahoney/Wang moved and seconded to remove number 2d from page 19-1 of the staff report regarding solar funding initiative and do no further exploration on this subject. The motion carried unanimously. Wong/Santoro moved and seconded to have the Planning Commission explore other options to encourage the installation and use of solar energy within the City for residences, businesses and the City. The motion carried unanimously. Mahoney/Wong moved and seconded to remove 2a from page 19-1 of the staff report regarding a zero waste program. The motion was withdrawn. Mahoney/Wong moved and seconded to pursue 2a regarding a zero waste program with a subcommittee of Council. The motion carried unanimously. May 20, 2008 Cupertino City Council Page 10 Mahoney/Wong moved and seconded to move ahead with 2b from page 19-1 of the staff report regarding expanded recycling and environmental services by the Los Altos Garbage Company. The motion carried unanimously. Mahoney/Sandoval moved and seconded to explore lb from page 19-1 of the staff report, both mandatory and other incentivized techniques for a green building program, phased in over 12 months, do the community outreach program both for residences and businesses, incorporate the work of the Cities Association and have the Planning Commission look at that. The motion carried unanimously. NEW BUSINESS -None ORDINANCES 20. Conduct the second reading of Ordinance No. 08-2026: "An Ordinance of the Cupertino City Council amending Cupertino Municipal Code, Chapter 11.08, Section 11.08.270, relating to prohibition of skateboarding and roller skating to add the prohibition of skateboarding and roller skating at the Veteran's Memorial in Memorial Park." (Continued from April 15). 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: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney/Sandoval moved and seconded to enact Ordinance No. 08-2026. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:10 a.m. Wednesday, May 20 the meeting was adjourned to Tuesday, May 27 beginning at 5:00 p.m. for a budget study session, Cupertino Council Chamber, 10350 Torre Avenue. Grace Schmidt, Deputy City Clerk May 20, 2008 Cupertino City Council Page 11 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.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.