Loading...
02. Draft minutesC U P E RT l N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 6, 2010 ROLL CALL At 6:12 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION 1. Conference with labor negotiator (Government Code 54957): a. Agency negotiator: David Knapp b. Employee organization: Operating Engineers Local Union No.3 (OE3), Cupertino Employee's Association (CEA), Unrepresented, and City Attorney Group At 6:12 p.m., Council recessed to a closed. session, and reconvened at 7:12 p.m. Mayor Wang announced that the Council had provided direction to the city's negotiator and no action was taken. PLEDGE OF ALLEGIANCE At 7:12 p.m. Mayor Kris Wang 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 Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation recognizing Pat and Barb Rogers for their 16 years of service to the Library, the Cupertino Library Foundation Board, and to the community. (No documentation in packet). 2 -1 April 6, 2010 Cupertino City Council Page 2 Mayor Wang presented a proclamation to Pat Rogers in acknowledgement of his service on the Library Foundation Board and as a member of Quota. Mayor Wang also presented a proclamation to Barbara Rogers in acknowledgement of her contributions to the community. In addition to her many years of service in several organizations, including the Library Foundation Board and Quota, Mrs. Rogers also served on the City Council for three terms and was the first female mayor of Cupertino. 3. Proclamation recognizing Cristin Vaughan for her willingness to come to the aid of another and her readiness to respond by being trained in CPR. (No documentation in packet). Mayor Wang presented a proclamation to Christin Vaughan who courageously attempted to save the life of an accident victim on Stevens Creek Boulevard by providing CPR. The victim's daughter also thanked Ms. Vaughan for her valiant attempt to save her father's life, and she commended her for her actions. Ms. Vaughan said that this was an emotional moment for her but she urged everyone to do the right thing when confronted with such a situation. 4. Presentation of Presidential Service Awards for volunteers. (No documentation in packet). This item was postponed to the April 20 meeting. 5. Presentation of the American Council of Engineering Companies of New York Gold Award for Engineering Excellence to the City of Cupertino for the Mary Avenue Bicycle Footbridge Project — New York City — March 27, 2010. (No documentation in packet). Mayor Wang presented a plaque to Public Works Director Ralph Qualls commemorating receipt of the Gold Award for Engineering Excellence. He noted that this was a very prestigious award and Cupertino was the only California recipient of this award. POSTPONEMENTS City Clerk Kimberly Smith announced that Item No. 21, the Agreement between the City of Cupertino and the City Attorney regarding Housing Assistance, had been tabled until the sub- committee can meet. Wong moved and Mahoney seconded to postpone items 4, 21, 26, and 28 to the meeting of April 20, 2010. The motion carried unanimously. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • Item No. 6, an amended page to the March 16 draft minutes noting Council member Chang's comments regarding changes to the general municipal election 2 -2 April 6, 2010 Cupertino City Council Page 3 • Item No. 24A, an amended staff report to the General Plan Housing Element and Heart of the City Specific Plan noting corrected attachments, HCD compliance letter, and staff PowerPoint presentation • Item No. 24B Heart of the City staff PowerPoint presentation • Item No. 25, Tentative Map 790 S. Blaney Ave. staff PowerPoint presentation • Item No. 26, Resolution No. 10 -072 • Item No. 27, a PowerPoint presentation of the staff report about the CDBG funds. • Item No. 28, attachment A regarding the Historic Preservation Policy and a PowerPoint presentation of the staff report. • Item No. 29, 16 emails in support of denying the petition for reconsideration, 1 neutral, and 1 in support of the petition to reverse i�ouncil's decision ORAL COMMUNICATIONS Victor Yu stated that the city had been advised by the EPA that the Lehigh Plant was in violation of its permit requirements in several areas such as discharging pollutants into the creek. He said the city had not relayed this information to the residents but the public had a right to know. Bill Allmon, representing the Cupertino member: of Quarry No, stated that the EPA had notified Lehigh of an air quality violation but the city had not been told of this violation. Lehigh had misled the EPA, therefore Lehigh's permit was invalid. Since this summer a 25 -year permit for Lehigh would be discussed, all of these issues were very important. Cathy Helgerson distributed a copy of the form, notice of violation regarding Lehigh and she expressed her concerns about the cement plant. She said that Lehigh was in violation of the Clean Air Act and the Clean Water Act and was operating illegally, and should be closed immediately. She also asked if the city was going to test the air and water. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 6, 7, and 20, which were pulled for discussion. Item 21 had been tabled earlier in the meeting. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 8. Adopt a resolution accepting Pay_oll for March 19, Resolution No. 10 -059. 9. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Hong Zhang and Shuxiong Shi, 1138 Derbyshire Drive APN 362 -21 -029, Resolution No. 10 -060. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 10. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Robert P. Dust and Laura M. Dust, 7425 Rollingdell Drive APN 359 -32 -004, Resolution No. 10 -061. 2 -3 April 6, 2010 Cupertino City Council Page 4 The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Cheng Yu Lin and Stephanie Yu Ting Peng, 10640 Flora Vista Avenue APN 326 -08 -039, Resolution No. 10 -062. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property, 12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Jeff Chen and Ying Long, 10391 Ann Arbor Avenue APN 326 -28 -028, Resolution No. 10 -063. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 13. Adopt a Resolution approving the City's plan to use California Highway Safety, Traffic Reduction Air Qualily, and Port Security Bond Act of 2006 (Proposition IB) funds available in 2009 -10 for maintenance projects in the City's Pavement Management program, and authorizing the City Manager to apply for, appropriate, and expend those funds, and take related actions, Resolution No. 10 -064. 14. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Wen -Tsing Chen and Sherry Chyn -Yun T. Chen, 21911 Dos Palos Court APN 326 -45 -017, Resolution No. 10 -065. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 15. Adopt a resolution approving an improvement agreement Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue APN 357 -18 -007, Resolution No. 10 -066. Through the improvement agreement with the City, the applicant for a building permit for an addition to a residence will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue APN 357 -18 -007 & 357 -18 -008, Resolution No. 10 -067. The property owners agree to grant to the City the right to extract water from the basin under the overlying property. 2 -4 April 6, 2010 Cupertino Ci1.y Council Page 5 17. Accept municipal improvements Jie Mei, 10170 Peninsula Avenue APN 326 -22 -038. The applicant has completed City - specified improvements in the City right -of -way including. sidewalk, curb & gutter, and driveway approach as required by the improvement agreement with the City. 18. Adopt a resolution approving an improvement agreement Sang Oh Lee and Hye Young Lee, 22685 Stevens Creek Boulevard APN 342 -12 -024, Resolution No. 10 -068. Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Sang Oh Lee and Hye Young Lee,, 22685 Stevens Creek Boulevard APN 342 -12- 024, Resolution No. 10 -069. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 21. Fulfill the City's obligation under the City Attorney's Employment Agreement by authorizing the Mayor to execute the "Agreement between the City of Cupertino and Carol Korade regarding Housing Assistance and when the housing assistance is provided, to complete and execute the Ten ancy-in- Common Agreement During "Postponements," this item was tabled until the sub - committee can meet. 22. Approve an application for an Alcoholic Beverage License for Sabitini Oak Event Center, 21275 Stevens Creek Blvd. On -Sale General for Bona Fide Public Eating Place (47). 23. Adopt a resolution endorsing Fremont High School District Measure B . Resolution No. 10 -070. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Approve the minutes from the March 16 City Council meeting, with the following amendments: On page 5, last paragraph, change Foothill Union High School District to Fremont Union High School District; and on page 8, second paragraph, add a phrase summarizing Council member Chang's comments about potential changes to the election date. Chang moved and Mahoney seconded to approve the minutes as amended. The motion carried unanimously. 2 -5 April 6, 2010 Cupertino City Council Page 6 7. Adopt resolutions accepting Accounts Payable for March 19 and 26, Resolution Nos. 10- 057 and 10 -058. Council member Chang said that he was expecting additional information from staff on undergrounding and sales tax. Chang moved and Wong seconded to adopt Resolution Nos. 10 -057 and 10 -058. The motion carried unanimously. 20. Adopt the 2010 -11 Council work program Wong moved and Mahoney seconded to add the following items to the City Council work program. The motion carried unanimously. • Add an item in section G on Page 19 of 24 of the work program to "develop uniform standards for sloped lots" • Add an item in section D, Page 10 of the work program, to "evaluate and explore opportunities to enhance and expand fiber connectivity in Cupertino." PUBLIC HEARINGS 24. Consider adopting a resolution approving a General Plan Amendment related to the 2007- 2014 Housing Element and the Heart of the City Specific Plan Resolution No. 10 -071: A. Application Nos. GPA- 2008 -01 (EA- 2009 -05), MCA - 2010 -02, Z- 2010 -02, City of Cupertino, Citywide (Housing Element 1. Adopt a Negative Declaration (EA- 2009 -05) 2. Conduct a straw vote adopting an amendment to the 2007 -2014 General Plan related to the Housing Element (GPA- 2008 -01), Resolution No. 10- 071 3. Conduct the first reading of Ordinance No. 10 -2056: "An Ordinance of the Cupertino City Council amending the Cupertino Municipal Code to comply with the Housing Element of the City of Cupertino General Plan." (MCA- 2010 -02) 4. Conduct the first reading of Ordinance No. 10 -2057: "An Ordinance of the City Council of the City of Cupertino approving the rezoning of (Z -2010- 02): • Approximately 59.13 acres, consisting of 27 parcels located in the North De Anza Boulevard Conceptual Plan Area generally located west of North De Anza Boulevard, north of Lazaneo Drive and south of the 280 Freeway from Planned Development (CG, ML, Res 4 -10) to Planned Development (CG, ML, Res) 2 -6 April 6, 2010 Cupertino City Council Page 7 • Approximately 3.15 acres located in the North De Anza Boulevard Conceptual Plan Area west: of Bandley Drive, from Planned Development (CG, ML, BQ, Res 4 -10) to Planned Development (CG, ML, BQ, Res) • Approximately 6.21 acres, consisting of 25 residential parcels located on Arcadia Court and along the north side near the terminus of Greenleaf Drive, from Planned Development (CG, ML, Res 4 -10) to R1 -7 Paul Peninger, Bay Area Economics and Housing Element Consultant for the city, explained that the Housing Element was one of seven General Plan Elements and was required by State Law, and housing needs had to be identified and updated every 5 -7 years. His firm had reviewed the inventory of appropriate sites, the constraints and the allocated housing needs as determined by ABAG. Mr. Peninger reviewed the process, including meetings with the appropriate committees, staff, focus groups and local school districts. In June 2009 after review by the Planning Commission and City Council a draft Housing Element had been sent to the State and their comments had been received by August. A revised draft Housing Element was sent to the Planning Commission in March, 2010. Community Development Director Aarti Shrivastava commented on the revised draft Housing Element. She explained the proposed Municipal Code amendments, clarified the planned unit development ordinance and noted that the parking ordinance had been simplified but not changed. She also noted that both the reasonable accommodation police and transitional and supportive housing were addressed by ordinance. In conclusion she stated that a letter had just been received from the Department of Housing and Community Development noting that the city was in substantial compliance and the revised Housing Element had been provisionally certified. Upon approval by the City Council the city will receive certification. Jennifer. Griffin noted that this had been a long process and it was good for the public to be involved. She believed ABAG was far more realistic in their allocations now than they had been. She suggested that the Housing Element be done very two years as she was not convinced about job growth and questioned whether the housing would be necessary. Mahoney moved and Chang seconded to adopt Negative Declaration EA -2009- 05. The Council members unanimously agreed to adopt an amendment to the 2007- 2014 General Plan related to the Housing Element (GPA- 2008 -01), Resolution No. 10 -071. The City Clerk read the title of Ordinance No. 10 -2056 for the Housing Element, (MCA - 2010 -02). Mahoney moved and Wong seconded to read the ordinance by 2 -7 April 6, 2010 Cupertino City Council Page 8 title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. The City Clerk read the title of Ordinance No. 10 -2057 approving the rezoning (Z- 201 -02). Mahoney moved and Wong seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. B. Application No. GPA- 2010 -01, City of Cupertino, Citywide (Heart of the City Specific Plan 1. Conduct a straw vote adopting an amendment to the General Plan Land Use Map and associated maps and language in the Land Use /Community Design Element of the General Plan for consistency with the recently updated Heart of the City Specific Plan, Resolution No. 10 -071. Senior Planner Aki Honda Snelling noted that the amendments before Council addressed consistency with the updated Heart of the City Specific Plan, included minor "clean up" items, and omitted areas outside of Cupertino city limits that were mistakenly included during the 2005 General Plan update. The Planning Commission had reviewed this issue in March and was recommending approval. Director of Community Development Aarti Shrivastava stated that the Heart of the City Specific Plan allowed certain uses within its boundaries. During the Council's review of the Heart of the City Specific Plan, the Council had agreed that permitted uses shall be consistent with the allowed uses in the CG (General Commercial) zone. They also agreed to grandfather in certain properties, specifically St. Joseph's Church, Union Church and Happy Days Child Care Center. These -quasi-public uses may be maintained on these properties, even if property ownership changes, provided that they are not discontinued However, no new churches or other quasi - public uses would be allowed elsewhere in the Heart of the City. The three property owners had been contacted and were in agreement with this action. Mayor Wang and Vice Mayor Wong did not agree that this was their earlier decision. They believed these properties should be zoned BQ (quasi - public buildings). Vice Mayor Wong also commented that the Abundant Life Church was also in this area so there was no consistency in this action. Council Members Chang, Mahoney and Santoro maintained that this had already been decided upon by Council and concurred with staff's recommendations. Jennifer Griffin noted that the churches under discussion were on the city's historical site list. She believed the Heart of the City was a useful designation which captured the look and feel of Cupertino. The 35 foot public right of way on Stevens Creek was excellent. A lot of work had been done on the Heart of the City document and she congratulated Council. 2 -8 April 6, 2010 Cupertino City Council Page 9 Ty Bash, one of the owners of the Happy Days Child Development Center, noted that he had purchased the lot in 1999 and a use permit had been granted. In 2005 the land use map had been changed. He had not requested this change and had discussed this matter several timers over the years with staff. He was in agreement with this clarification Council had made. Council member Santoro said page 2 -23, Exhibit B, referred to build out in the year 2000 and asked if that could be changed to the year 2010. Community Development Director Shrivastava said that those references occurred throughout the document and she could arrange to have the graphics consultants make those updates. These numbers would also be updated in the General Plan document. Mark Santoro referred to page 2.24 on top of second column concerning shared parking. It said parking areas may be located below grade. However on page 2 -25 under design elements the language had been corrected. Community Development Director Shrivastav a said staff would replace the sentence on page 2 -24 about parking below grade with the corrected sentence on page 2 -25. The Council conducted a straw vote adopting an amendment to the General Plan Land Use Map, with the two corrections as noted by Council member Santoro, and associated maps and language in the Land Use /Community Design Element of the General Plan for consistency with the recently updated Heart of the City Specific Plan, Resolution No. 10 -071. The vote carried 3:2, with Mayor Wang and Vice -Mayor Wong voting no. C. Adopt Resolution No. 10 -071 approving a General Plan Amendment related to the 2007 -2014 Housing Element and the Heart of the City Specific Plan Chang moved and Wong seconded to adopt Resolution No. 10 -071, which would include the following changes. The motion carried unanimously. 1. Update all development allocation tables in the Land Use /Community Design Element of the General Plan with the 2010 currently available allocation numbers. 2. Revise the parking language in the Crossroads Area on p. 2 -24 to match the parking language in the Stevens Creek Boulevard area in the Design Elements section at the bottom of p. 2 -25 of the Land Use /Community Design Element. RECESS The City Council recessed from 9:40 to 9:50 p.m. 2 -9 April 6, 2010 Cupertino City Council Page 10 PUBLIC HEARINGS (continued) 25. Consider a Tentative Map to subdivide an approximately 41,800 square foot parcel into five parcels ranging from 6,461 to 8,890 square feet, Application No. TM- 2010 -01, Donna Vingo (Russell Marshall Trustee), 790 South Blaney Avenue APN 369 -11 -048. Associate Planner Leslie Gross presented an overview of this project including the location (a vacant residence in a single family neighborhood), access of proposed lots, siting and site improvements, and noted the public's comments on lot size compatibility and neighborhood compatibility and the Planning Commission's comments on tree preservation, design review process, green features and recycling of demolition materials. All of these issues had been addressed. City Planner Gary Chao noted that this was a high quality project and the developer would be going through the design review process prior to record the final map. Mike McClellan, McClellan Development, stated that they were in agreement with the proposed conditions of approval. He thanked staff for their guidance and said he was looking forward to working with them on the design review process and the development of this project. Jennifer Griffin said that this land had belonged to one of the farming families of the area and part of the house dated from the 1890s. She noted Council would soon be discussing an Historic Preservation Policy and she urged them to acknowledge the age of buildings. Also she hoped the developer would hire a reputable salvage company for the demolition of this house as many may be interested in the old materials. In addition she noted there were two redwood trees on the property. Wong moved and Mahoney seconded to approve the tentative map. The motion carried unanimously. 26. Adopt a resolution regarding the Fiscal Year 2010/11 fee schedule as submitted and consider a separate proposal to increase fees for long -range planning and permit system improvements, Resolution No. 10 -072. During "Postponements," this item was continued to April 20, 2010. 27. Conduct the first of two public hearings regarding the use of eighth program year (2010- 11) Community Development Block Grant (CDBG) funds and Human Service grants and begin review of the 2010 Annual Action Plan Senior Planner Vera Gil stated that these funds were a Federal entitlement grant used to implement neighborhood revitalization, economic development and public improvement activities. One of the following three national objectives must be met: (1) benefit very low and low income households, also referred to as low and moderate income; (2) eliminate a blighted area; (3) or address an urgent or community need. This was the first 2 -10 April 6, 2010 Cupertino City Council Page 11 of two public hearings with approval of funding and the Annual Action Plan scheduled for May 18, 2010. Georgia Bacil, representing SALA (Senior Adults Legal Assistance) noted they served 23 sites in the County including the Cupertvio Senior Center. They provided legal assistance to seniors on a wide variety of issues including social security, wills, powers of attorney, Medicare and elder abuse. They could not charge fees for their services and relied on grants. Wanda Hale, Long Term Care Ombudsman Program, stated they were advocates for seniors in assisted living and nursing homes. They were a mandated program and assisted seniors on a variety of issues. They too did not charge for their services and relied on city and agency support. Saron Savoy, Program Manager for ]Housing Services - West Valley Community Services, noted that due to the economy they had seen an increase in the number of families needing assistance. Sujatha Venkatraman, West Valley Community Services, noted that West Valley provided food, housing and financial assistance to an increased number of clients. They also delivered food to a home for the disabled and were looking into a program of food assistance to certain students at DeAnza College. Kim Ferm, Director of 2 -1 -1 — United 'Way Silicon Valley, stated their program which was three years old, and it helped people in need by connecting them with the appropriate agencies. Their program was available 24- hours, 7 days a week. Nick Bogdanovich, representing Live Oak Adult Day Services, thanked the Council on behalf of the Board of Directors and the Executive Director for their continued support. Anjali Dujari, representing Maitri, stat + --d they assisted victims of domestic abuse and human trafficking. They had purchased_ a transitional house with previously received funds and were already assisting clients at that location. The public hearing was continued to Tuesday, April 20, 2010. UNFINISHED BUSINESS 28. Consider authorizing staff to move forward with the Historic Preservation Policy and related General Plan Amendment, Application No. CP- 2007 -03, City of Cupertino, Citywide. During "Postponements," this item was continued to April 20, 2010. PAM April 6, 2010 Cupertino City Council Page 12 NEW BUSINESS 29. Conduct a hearing on a petition by Susan Sievert et al as amended by Donald Bautista, Jr., for reconsideration of the City Council's February 16, 2010 decision on Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park. At the conclusion of the hearing on the Petition for Reconsideration, the Council may: A. Adopt a resolution (No. 10 -073) denying the Petition for Reconsideration, thereby affirming the original decision, or B. Reverse or modify the February 16, 2010 Council decision on Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park Director of Parks and Recreation Mark Linder referred to the Municipal Code Section on petitions for reconsideration and stated that the evidence had been given to Council, no evidence had been excluded, the staff process had been followed, Council was within its jurisdiction to make the decision and Council had provided a fair hearing. Staff recommended denying the petition for reconsideration. The following individuals were not present but left written messages that they were in favor of denying the petition for reconsideration: Stuart Chessen, Caroline Lim and Ruby Elbogen. Carol Staneck referred to 30 emails stating support for denying the petition for reconsideration. Anne Ng said that she had sent an email earlier expressing her support for Council to deny the petition. A representative of the Monta Vista PTA stated they were in favor of denying the petition for reconsideration. Susan Sievert stated her opposition to opening the gate on Scenic Circle and showed a video emphasizing the safety issues from Byrne to Blackberry Farm. She urged the Council to address these safety issues before taking reservations or adding to the Park. Council Member Mahoney said historically the bar for reconsideration was high. He noted that it appeared that the basis of the petition was that the Council had already made their decision. He stated that this was not correct and the Council had listened to both sides. He said there was no basis for reconsideration. Council Member Santoro noted that a reconsideration was not an appeal. One of five very specific things had to be proved to identify a process issue. There was no basis for reconsideration. 2 -12 April 6, 2010 Cupertino City Council Page 13 Council Member Chang asked staff for clarification of two questions he had been asked by the applicants. The first question was if the San Fernando side of the bridge met ADA requirements, and was the bridge safer on. this side. Director of Public Works Ralph Qualls stated that the San Fernando side of the bridge was a preexisting condition and unless the bridge was reconstructed it would stay as is. Council Member Chang said he had received a number of emails from resident don Bautista, and wanted to explain that he voted in favor of this item last time because of his concerns about public safety, public health, and fairness. Students should be encouraged to walk, and it is unfair for a few residents block the entrance for the majority of the residents to enjoy a community park. Mahoney moved and Wong seconded to adopt Resolution No. 10 -073 denying the Petition for Reconsideration and affirming the original decision of City Council to provide Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park. The motion carried unanimously. 30. Consider reducing the field use fees for the United States Cricket Association's National Women's Cricket Tournament Director of Parks and Recreation Mark Linder noted that Council had earlier authorized the tournament planners to use city fields, but two Council members had since raised the issue of lowering the fees for this tournament. Council discussed the matter, addressing such issues as fairness and precedent- setting policies. There was not a majority of the Council in favor of lowering the field use fees so no action was taken. 31. Mary Avenue Bicycle Footbridge Projec a. Review of the remaining project funds and the closeout work for the Mary Avenue Bicycle Footbridge project b. Report on the theft of the Qu sculpture from the Mary Avenue Bicycle Footbridge entry plaza and the feasibility of installing a security camera system to protect the artwork from future vandalism Public Works Director Ralph Qualls showed the Council the new mounting proposed for the quail sculptures as a preventative step? to avoid future vandalism. Wong moved and Mahoney seconded to (1) Adopt alternative A, to install the reconstructed quail sculptures on the boulders in the bridge entry plaza and trust that the rebuilt legs are sufficiently strong enough to prevent their theft; and (2) preserve the remaining $75,000 project funds for the necessary closeout activities. The motion carried 4 -1 with Council Member Chang voting no. He stated he thought it was a waste of money because the quail will be stolen again. 2 -13 April 6, 2010 Cupertino City Council Page 14 32. Future City Council meetings (no documentation in packet): a. Recommended date for budget study session is Monday, May 24 from 3:00 — 6:00 p.m. in the EOC, or Wednesday, May 26 from 3:00 — 6:00 p.m. in the Council Chambers if there will be no Teen Commission overflow meeting (see item c below) The Council members concurred to hold a budget study session on May 24 at 5:30 p.m. b. Teen Commission interviews on Tuesday, May 25 at 3:30 p.m. The Council members concurred to meet on Tuesday, May 25 at 3:30 p.m. for Teen Commission interviews. C. Teen Commission overflow meeting (if over 30 candidates) on Wednesday, May 26 at 3:30 p.m. Staff was asked to notify the Council at least a week in advance if the overflow meeting would be necessary on May 26. d. CREST awards scheduled on Thursday, May 27 at 7:00 p.m. The City Council members confirmed their attendance at the CREST awards, (Cupertino Recognizes Extra Steps Taken) to be held in the Community Hall. e. Consider adding a study session regarding Lehigh air quality on Tuesday, June 22 from 3:00 — 6:00 p.m. The Council members concurred to hold a study session on June 22 from 3:00 to 6:00 in the Community Hall. f. Consider cancelling or changing a meeting during the summer The City Council members concurred to cancel the meeting of Tuesday July 6, and noted that City Hall would be closed on Monday July 5 to celebrate the Fourth of July holiday. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council Member Chang asked when the letter from Joyce Egan would be agendized and Council Member Mahoney noted that the Legislative Action Committee was reviewing it and it would be the next meeting. 2 -14 April 6, 2010 Cupertino City Council Page 15 Council Member Chang said he had met with owners of properties near Vallco, and asked if Council was interested in having a study session to discuss Vallco and the surrounding area. Mayor Wang noted that the representatives of Vallco had been invited to meetings but they said they were not ready to meet with Council. Vice Mayor Wong noted that he was a member of the Economic Development Committee and he would designate Council Member Chang his alternate so that he could see how the committee, Council and Chamber worked together on these issues. Council Member Chang also suggested closing - fie fountain in front of the library as he believed it was a waster of money to operate it. Vice Mayor Wong congratulated the recipients of the Chamber of Commerce annual awards, including Sandy James as Citizen of the Year, and he commented on the upcoming sister city trip to Taiwan. ADJOURNMENT At 12:08 p.m., the meeting was adjourned. Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the City Council 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, then click on the ,appropriate Packet. Most Council meetings are shown live on Corr cast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 2 -15 �?I�H NIDIS SZISIHX1 .. \\ 1/ Cc ;11�l16 April 6, 2010 u; , , o f . ci Page 12 44 „, 19 NEW BUSINESS CUPERTINO 29. Conduct a hearing on a petition by Susan Sievert et al as amended by Donald Bautista, Jr., for reconsideration of the City Council's February 16, 2010 decision on Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park. At the conclusion of the hearing on the Petition for Reconsideration, the Council may: A. Adopt a resolution (No. 10 -073) denying the Petition for Reconsideration, thereby affirming the original decision, or B. Reverse or modify the February 16, 2010 Council decision on Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park Director of Parks and Recreation Mark Linder referred to the Municipal Code Section on petitions for reconsideration and stated that the evidence had been given to Council, no evidence had been excluded, the staff process had been followed, Council was within its jurisdiction to make the decision and Council had provided a fair hearing. Staff recommended denying the petition for reconsideration. The following individuals were not present but left written messages that they were in favor of denying the petition for reconsideration: Stuart Chessen, Caroline Lim and Ruby Elbogen. Carol Staneck referred to 30 emails stating support for denying the petition for reconsideration. Anne Ng said that she had sent an email earlier expressing her support for Council to deny the petition. A representative of the Monta Vista PTA stated they were in favor of denying the petition for reconsideration. Rhoda Fry stated her opposition to opening the gate on Scenic Circle and showed a video emphasizing the safety issues from Byrne to Blackberry Farm. She urged the Council to address these safety issues before taking reservations or adding to the Park. Council Member Mahoney said historically the bar for reconsideration was high. He noted that it appeared that the basis of the petition was that the Council had already made their decision. He stated that this was not correct and the Council had listened to both sides. He said there was no basis for reconsideration. Council Member Santoro noted that a reconsideration was not an appeal. One of five very specific things had to be proved to identify a process issue. There was no basis for reconsideration.