Loading...
CC 06-02-08C U P E RT I N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, June 2, 2008 PLEDGE OF ALLEGIANCE 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, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang (7:00 p.m.) and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS Presentation from students who traveled to Hsinchu Sister City. (No documentation in packet). Students, chaperones, and Sister City organizers discussed the highlights of the recent student delegation to Taiwan and thanked the volunteers who made it happen, as well as the City Council for its support of the program. 2. Announcement of auction winners in the Library fundraising_event. (No documentation in packet). Administrative Services Director Carol Atwood stated that $250,000 was needed to keep the Cupertino Library open on Mondays, so a fundraising campaign was launched and was successful in raising community awareness. She thanked the donors of the auction items and events, announced the winners, and stated that $7,100.00 had been raised. Atwood said that fundraising efforts had included tickets for the Broadway production of Chicago, but the producer canceled it. Those who purchased tickets can get a refund, a ticket for a future show, or donate the amount to the library, by contacting the Administrative Services Division. POSTPONEMENTS -None WRITTEN COMMUNICATIONS -None June 2, 2008 Cupertino City Council Page 2 ORAL COMMUNICATIONS Rochelle Gaddi, Senior Environmental Health Specialist with the Santa Clara County Health Department gave an update on the fountain at Community Hall. She explained that, although there had been no contamination of Cupertino's fountain, other recreational water facilities throughout the country have had multiple outbreaks of cryptosporidium, including a 2006 outbreak in San Jose. Gaddi explained that traditional water treatment methods such as chlorine were ineffective, and so the fountains have been shut down until new treatment solutions have been implemented, such as ozone treatment. CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Approve the minutes from the May 19 and 20 City Council meetings. 4. Adopt a resolution accepting Accounts Payable for May 16, Resolution No. 08-070. ~. Adopt a resolution accepting Payroll for May 16, Resolution No. 08-071. 6. Accept the Treasurer's Bud eg t Report for Apri12008. 7. Confirm a new member to the Historic Preservation Committee. 8. Adopt a resolution authorizing execution of a Stormwater Management Facility Easement Agreement, Tantau Investments, LLC, a California Limited Liability Company, 10900 Tantau Avenue, APN 316-09-029, Resolution No. 08-072. Through an agreement with the City, the property owners of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. 9. Adopt a resolution authorizing execution of a Stormwater Management Facilities Operation and Maintenance Agreement, Tantau Investments, LLC, a California Limited Liability Company, 10900 Tantau Avenue, APN 316-09-029, Resolution No. 08-073. Through an agreement with the City, the property owners of this commercial development will be required to operate and maintain stormwater management faciiities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. June 2, 2008 Cupertino City Council Page 3 10. Adopt a resolution approving a final tract map, Tract No. 9983, Las Palmas, 10855 N. Stelling Road, APN 326-07-037, Stelling Palms of Cupertino, LLC, Resolution No. 08- 074. Approval of the final map pernlits the map to be forwarded to the County for recording. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None PUBLIC HEARINGS 11. Conduct the first of two public hearings on the 2008-09 budget. City Manager David Knapp gave a brief overview of the budget process and highlighted items and positions that had been added since last year. He noted that the City of Sunnyvale has agreed to pay half the costs and share the services of a new "green" programs coordinator. Knapp said that the budget includes funds to address the non-functioning fountains, but there is a shortfall of $120,000 to fund the entire year of Monday hours at the library, so staff will contact the Library Joint Powers Authority to see if there is some way the library can contribute as well. Administrative Services Director Carol Atwood reviewed PowerPoint slides including: General Fund trends, revenues, and operating expenditures; new items in the budget and a list of funded capital improvement projects, including pavement management, Sterling/Barnhart Park, the community hall fountain, and city-wide tennis court resurfacing. She also reviewed a list of CIP programs that were not funded, including Monday hours at the library, permit process review; additional festival funds, acid a funding shortfall for the Housing Element. Atwood reviewed the General Fund reserve policy and said that the City is staying consistent with that policy despite a downturn in the economy. She asked the Council members for their input on a number of Fiscal Strategic Plan actions designed to diversify the City's revenue base or reduce costs. Public Works Director Ralph Qualls reviewed the PowerPoint slides summarizing the 2008-2009 Capital Improvement Projects. The following people spoke in favor of funding the library's Monday hours: Eno Schmidt Roy Gilboa Michael Gottwald Hema Kundargi Aaron Schneider Maureen Schneider Emma Schneider Vikram Kanth June 2, 2008 Cupertino City Council Page 4 Gladys Maiden Jean Gallup Mary Vernooy (also reopening the Community Hall Fountain) Sonia Maiello (also reopening the Community Hall Fountain, and repair of the bridge over ponds at Linda Vista park. Janet Van Zoeren Melinda Cervantes, Santa Clara County Librarian, discussed the history of library funding cuts and the ballot measures that were an attempt to recover that funding. She said that Measure A support for the libraries passed in 2005, but Measure B, which would have funded Mondays throughout the library system, was not successful. She also explained how the City had been providing financial support for extra hours. Manu Changotra spoke in favor of reopening the Community Hall Fountain. The following individuals spoke in favor of funding the "green" sustainability coordinator: Linda Hagan Seema Mital Tej Kohli The following people spoke in opposition to selling any of the Simms property and/or McClellan Ranch: Deborah Jamison Gail Bower Bob Hirt Rhoda Fry Jana Marquardt Janet Van Zoeren Joanne McFarlin Jennifer Griffin Debbie Lee Dick Weaver Brian Schmidt (via written correspondence) The council members summarized their positions as follows: Kris Wang said that she didn't think the Council ever had any intention of putting the Simms property on the market; she would like to have the library open 7 days a week; she wanted more information on the fountain; and she was in favor of the position of "green" coordinator. Mark Santoro said the council cannot do all of the projects, although they would like to do so; he hoped to find a way to keep the library open, but it does have its own funding sources; he did not want to sell the Simms property, but felt it needed to be cleaned up, and he was willing to help fund that himself if it was okay with the City. Gilbert Wong agreed that the Simms property should be retained and cleaned up. June 2, 2008 Cupertino City Council Page 5 Orrin Mahoney said he thought there would be a way to fund the library hours; he agreed with sharing the "green" coordinator; the fountains should be repaired; and he would like to see along-term vision for how the Simms property will be enhanced. Dolly Sandoval said she was in favor of funding the library so it would be open 7 days; the "green" coordinator is important; she was not interested in selling the Simms property but wanted to see long-term plans, and wondered whether the other Council members would be interested in making it a sort of phase 3 unfunded capital project of the Stevens Creek Corridor Park; the Civic Center fountain should be fixed and the Quinlan Center fountain should be dealt with; and she asked staff to take the other 19 raised at the study session and bring them back to Council in the form of a matrix. This item was continued to the June 17 for the second public hearing on the budget. UNFINISHED BUSINESS -None RECESS 9:26 p.m. - 9:36 p.m. NEW BUSINESS 12. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 08-057, Resolution No. 08-075. Mahoney/Wang moved and seconded to adopt Resolution No. 08-075. The motion carried unanimously. 13. Adopt a resolution authorizing the City Manager to negotiate and execute an encroachment agreement between the City of Cupertino and Omnipoint Communications, Inc. dba T-Mobile, a Delaware corporation, Resolution No. 08-07b. Mahoney/Sandoval moved and seconded to adopt Resolution No. 08-076. The motion carried unanimously. Gilbert confirmed with the City Attorney that he could vote on this issue, since it did not go before the Planning Commission while he was serving in that capacity. 14. Adopt a resolution approving a request for semi-rural designation to eliminate sidewalk requirements along San Fernando Court pursuant to Ordinance No. 1925, Resolution No. OS-077. Mahoney/along moved and seconded to adopt Resolution No. 08-077. The motion carried unanimously. June 2, 2008 Cupertino City Council Page 6 15. Consider offering an early pre-review option for development proposals and designating the Environmental Review Committee to conduct the early reviews. Jennifer Griffin asked the Council to make sure that the public is aware of these meetings if the City adopts the pre-review option. She also asked if this was a new step, and projects would still go through the Environmental Review Committee and Design Review Committee before coming to the Planning Commission. Council members discussed the pros and cons of creating a new process, how best to notify the public, and which agency should oversee it. Mayor Dolly Sandoval cautioned that the public might feel this is an attempt to hide part of the process part. Community Development Director Steve Piasecki said that in the proposed "first-look" process, it's very informal, and would just be a general idea without any specific details. If notification is required it makes the process more difficult, and the applicant may feel that the project was judged before the best evidence was put forward. Council members discussed noticing options and whether they should require developers to hire a consultant to run a community-focused plan such as the one performed for the South Vallco project. Piasecki said such a plan may be a good option for major developments, since the developer would pay the cost, there would be no noticing requirement to slow down the process, and there would be no perception that the City Council or Planning Commission had committed to any decisions early in the process. City Attorney Charles Kilian reminded the City Council that many years ago it was common practice to have a study session on major projects. After a few years it evolved into the kind of hearing where deals were cut and decisions were made, and there were so many complaints from the public that the practice was discontinued. He explained that it can be very difficult to provide input at an informal hearing without later being accused of having taken an early position and therefore unable to provide a fair and impartial position. He noted that if the discussion took place at a public hearing instead of the study session, there would be no legal problem. Santoro/Wong moved and seconded to refer the matter back to the Planning Commission for a recommendation, with the following parameters: • Trial period of a year • Address the issue of whether noticing should be done • No staff time should be spent on the preview meeting • Which agency should host the preview meeting • Develop a structure for the preview meeting • What triggers preview meeting (such as square footage or number of units) • Also consider having developer-run mandatory public meetings June 2, 2008 Cupertino City Council Page 7 16. Conduct the first reading of Ordinance No. 08-2028 "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code to remove Shattuck Drive from Chapter 11.27, Permit Parking Zone, Section 11.27.145, Designation of Preferential Parking Zones." The City Clerk read the title of the ordinance. Wong/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, and Wang and Wong. Noes: None. ORDINANCES -None STAFF REPORTS 17. Economic Development update. Economic Development Officer Kelly Kline gave a PowerPoint presentation giving an overview of the Economic Development Program structure. She said the key initiatives were to: (1) Facilitate enhancement of Cupertino Square; (2) Facilitate corporate relationships; (3) Enhance the Economic Development Program; (4) Increase retail sales tax; (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 and functions; and (10) Housing/CDBG programs. Kline showed examples of the quarterly electronic newsletter, the newly developed economic development brochure. 18. Potential delay of pavement maintenance work due to canceling of July Council meetings. The City Council directed staff to schedule all the bids for award on June 17, but have the implementation go into effect in the New Year where necessary. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT 11:42 At 11:42 p.m. the meeting was adjourned y~ Kimberly Smith, ity Clerk June 2, 2008 Cupertino City Council Page 8 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.