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04. Draft Minutes 04-18-06 - CITY OF CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 18,2006 PLEDGE OF ALLEGIANCE At 6:45 p.m. Vice-Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: Mayor Richard Lowenthal. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation of the Mothers Against Drunk Driving (MADD) California Hero Award. Vice-Mayor Wang presented the award to Sergeant Rogers on behalf of the Santa Clara County Sheriff's Office. 2. Proclamation in recognition of April as National Volunteer Month. Vice-Mayor Wang presented the proclarnation to a representative of the Volunteer Center of Silicon Valley. POSTPONEMENTS Deputy City Clerk Grace Schmidt noted that Item number 8, the nuisance abatement, had been resolved, and if there was no one present who wished to speak on the item, it could be tabled. She also noted a written communication regarding this item. Sandoval/Kwok moved and seconded to table item number 8. The motion carried with Mayor Lowenthal absent. t..j -/;¿ April 18, 2006 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted an email regarding item number 13, MeasureC, in addition to a communication for item number 8, as noted under postponements. ORAL COMMUNICATIONS Steve Jobs, CEO of Apple Computer, told Council that Apple had recently purchased 50 acres of adjacent property near Highway 280, Pruneridge, and Tantau, across from the 100-acre HP parcel. He said the goal is to build a new Apple campus by taking down all the buildings and putting up more efficient structures. He noted that Apple would continue to use the current campus, and would be able to house an additional 3,000 to 3,500 employees in the new campus. Jobs said that the design process would begin in a few months and hopefully would be finished within 5 years. He noted that this would be good for Cupertino since Apple is the City's biggest taxpayer. Simon Ho thanked those who volunteer in Cupertino, especially those who helped in the recent referendum effort. He said that the residents are concerned about uncontrolled development. Connie Zhang talked about the referendum and the obstacles encountered in gathering signatures. She said that Toll Brothers hired non-residents to go door to door, and they were giving misleading information regarding the number of units being planned. She thanked all the volunteers for their effort. CONSENT CALENDAR SandovallMahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 3. Adopt resolutions accepting Accounts Payable for March 31 and April 7, Resolution Nos. 06-068 and 06-069. 4. Adopt a resolution accepting Payroll for April 7, Resolution No. 06-070. 5. Accept a donation from San Jose State for a communication van used for emergency prenaredness. 6. Adopt a resolution approving an improvement agreement (Curb and Gutter, Sidewalk, and Street tree), and plans for Minfei Qian and Bingqing Haun, 10566 Merriman Road, APN 342-16-112, Resolution No. 06-071. 7. Adopt a resolution approving a final parcel map. Sterling Boulevard, San Jose Water Company, APN 375-23-038, Resolution No. 06-072. Jennifer Griffin said that she didn't know anything about this project and was confused about it. She noted that the property is high profile and was promised to Rancho t..j -/3 April 18, 2006 Cupertino City Council Page 3 Rinconada as a City park before annexation 5 years ago. She said that the property is contaminated by gasoline leakage and before housing is built on it, it would need a lot of environmental study. She asked about the minimum lot size, and noted that the minimum in the Rancho area is 5000 square feet. City Manager Dave Knapp explained that 3 years ago, the City asked the Water District for an easement across its property in order to have access to the trail that runs along the west side of the creek, along Lawrence Expressway. The District agreed with the condition that it have the ability to split the piece of property into 2 lots. He noted that the Council had no choice but to approve the final map because it is consistent with the preliminary map. He said that the Council's work program shows their intent to acquire those lots to put a small park in that area. He said that there are no plans for houses in the near future, but the original owners of the property would be liable for remediation of any problems found. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 8. Consider adopting a resolution ordering the abatement of a public nuisance at 10630 Carver Drive. (weeds and carpet in view of public right of way), APN No. 375-32-020, Patrick W. McGrath property owner, Resolution No. 06-073. This item was tabled at the beginning of the meeting under "Postponements." 9. Consider approving a new bingo uerrnit for the De Anza Force Soccer Club. Inc., 20589 Homestead Rd. Deputy City Clerk Grace Schmidt reviewed the staff report. Assistant City Attorney Eileen Murray noted that 'there was a discrepancy on the application regarding the dates of bingo operation. Applicant Jeff Baicher explained that the dates for the hall hadn't yet been set when the application was initially submitted, and now the dates have been set for the 2nd and 4th Wednesday and 151 Tuesday of the month. Sandoval/Kwok moved and seconded to approve the bingo permit to hold games once a week with the intention that if the applicant wants additional nights, he can come back to Council. The motion carried with Mayor Lowenthal absent. UNFINISHED BUSINESS - None L./ -I t./ April 18,2006 Cupertino City Council Page 4 NEW BUSINESS 10. Items related to the Cupertino Bicvcle Pedestrian Commission: a) Goals for 2006 May Koski, Chair of the Bicycle Pedestrian Commission, made a PowerPoint presentation and highlighted the following goals: 1) Monitor and support the Cupertino Bicycle and Pedestrian projects 2) Promote walking and bicycling in Cupertino 3) Improve bicycle and pedestrian safety in Cupertino 4) Monitor and support trail development Kwok/Sandoval moved and seconded to approve the goals for 2006 with the exception of applying for the Bicycle Friendly Community, which is discussed below in item b. The motion carried with Mayor Lowenthal absent. b) Authorize submittal of an application to the League of American Bicyclists for Cupertino to be recognized as a Bicycle Friendly Community May Koski reviewed the staff report. Assistant Public Works Director Glenn Goepfert commented that the application had good points and Cupertino already does good things for bicyclists. He cautioned Council, however, that in order to score well, Cupertino might be under some pressure to engage in some additional activities such as narrowing arterials and intersections. Council concurred to have staff and the Bicycle Pedestrian Commission review the application first, including calling the cities listed in the staff report that had previously received awards from the Bicycle Friendly Community Campaign, before bringing back an assessment. Council took no further action. c) Direct the commission to study the concept of parking cashout, and report back to Council at a time of Council's choosing May Koski reviewed the staff report and asked Council to direct the Bicycle Pedestrian Commission to study the concept and to report back to the Planning Commission. Glenn Goepfert reviewed the staff report regarding state law and cashout. He also commented that surrounding neighborhoods might be anxious about the possible parking impact to them, should there be a lack of parking due to cashout. Vice-Mayor Wang read a written comment from the Charnber of Commerce: "If the Council is to study cashout, we hope they will study all forms of alternative transportation - rewarding employers and employees." 4-/5 April 18, 2006 Cupertino City Council Page 5 Mike Bullock said that was what being proposed was voluntary, not mandated, and the state law doesn't apply to Cupertino. He said that cashout is a way for companies to be more efficient, but they shouldn't be required to do it. He noted that it is cheaper to pay people not to drive than to expand a parking garage because land in Cupertino is expensive. City Manager Dave Knapp recommended that Council wait until a proposal comes forward and evaluate it at that time. Jennifer Griffin said cashout is a wonderful idea, but there has to be adequate public transportation and safe routes to school. She said it is necessary for employers to be sure there is adequate parking, and that they don't use cashout as an excuse to not have adequate parking. Council concurred with the City Manager's recommendation, and took no further action. 11. Adopt a resolution approving a semi-rural desi<m3tion to eliminate the requirement for sidewalks and streetlights for portions of Merriman Road between Santa Lucia Road and Alcazar Avenue, pursuant to Ordinance No. 1925, Resolution No. 06- 074. Sandoval/Kwok moved and seconded to adopt Resolution No. 06-074 for Merriman Road, with the understanding that those properties afITonting a different street would take into account the conditions required for that street. The motion carried with Mayor Lowenthal absent. 12. Adopt a resolution authorizing the City Manager to negotiate and execute an initial agreement with HNTB. not to exceed $400,000 for architectural design, civil design, project management, and construction management services related to Stevens Creek Corridor Park from the initial California Environmental Quality Act (CEQA) submittal period through October of 2006, Resolution No.06-075. City Architect Terry Greene reviewed the staff report. He noted that the item would be brought back for Council to certify the CEQA document. Kwok/Sandoval moved and seconded to adopt Resolution No. 06-075. The motion carried with Mayor Lowenthal absent. 13. Adopt a resolution supporting Measure C. the Foothill-De Anza Community College bond issue that will be on the June 6 ballot to provide for long-term facilities Dlanning, Resolution No. 06-076. Council member Dolly Sandoval reviewed the item. 1-/~ April 18, 2006 Cupertino City Council Page 6 Betsy Bechtel gave a PowerPoint presentation supporting measure C and explaining the need for funds. Bruce Swenson continued with the presentation. He explained what the funds would help do: 1) 40% would be spent on rehabilitating the facilities; 2) 30% would be spent on new buildings, including a science center at Foothill and a mediated learning center at De Anza; 3) 20% would be spent on technology needs now and in the future; 4) 10% would be set aside in case the district finds a suitable off-campus site to purchase. Council member Mahoney disclosed that he is on a voluntary De Anza commission, which has helped him to learn more about the operations of the school and the under-funding that community colleges receive compared to the state university system. Council discussed what ballot measures Council should endorse. Council member Sandoval commented that the Legislative Committee helps to decide if there is an issue that should come before Council. Mahoney noted that the committee decided to stay with issues that are relevant to Cupertino. SandovallMahoney moved and seconded to adopt Resolution No. 06-076. The motion carried with Mayor Lowenthal absent. ORDINANCES - None STAFF REPORTS 14. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood reported that revenues in most categories are up, especially sales tax, permits, and charges for services from community development activity. She said that transient occupancy tax is up, and expects it to be 10% over last year by the end of the year. Most of the departments are fairly even except Parks and Recreation and Public Works, which are seasonal, and revenues vary depending on weather conditions and time of year. She noted that there have been budget savings where positions have been left vacant, and that overall the fmancial picture is good. She commented that with regard to one-time revenues, she doesn't expect the development activity revenue to keep at the rate it has been going. Council received the report. Lj-17 April 18, 2006 Cupertino City Council Page 7 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:15 p.m. the meeting was adjourned to Tuesday, May 2 at 5:30 p.m. for a study session regarding the Fiscal Strategic Plan. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. Grace Schmidt, Deputy City Clerk For more information: 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 from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 4-/f