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09-21-10 Searcheable Packet èÛÚÐ×ÍÖùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ ìÊ×É×ÎÈÛÈÓÍÎÚÃéÛÎÈÛùÐÛÊÛæÛÐÐ×ÃåÛÈ×ÊøÓÉÈÊÓÙÈÊ×ÕÛÊØÓÎÕ ì×ÊÏÛÎ×ÎÈ×ùÊ××Ñø×È×ÎÈÓÍÎìÍÎØÌÊÍÒ×ÙÈ ì×ÊÏÛÎ×ÎÈ×ùÊ××ÑÓÎÖÍÊÏÛÈÓÍÎÌÛÙÑ×È ûÇÕÇÉÈ ÛÎØé×ÌÈ×ÏÚ×ÊùÓÈÃùÍÇÎÙÓÐÏÓÎÇÈ×É ûÇÕÇÉÈ ØÊÛÖÈÏÓÎÇÈ×É ûÇÕÇÉÈØÊÛÖÈÏÓÎÇÈ×É ûÇÕÇÉÈÏÛÈÊÓÄÔÍÅÙÍÏÏÓÉÉÓÍÎÉÙÛÎÔ×ÐÌ ûÇÕÇÉÈÏÛÈÊÓÄÅÔ×Ê×ÙÍÏÏÓÉÉÓÍÎÉÎ××ØÔ×ÐÌ é×ÌÈ×ÏÚ×ÊØÊÛÖÈÏÓÎÇÈ×É ûÙÙÍÇÎÈÉìÛÃÛÚÐ×ÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕé×ÌÈ×ÏÚ×Ê øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ûÙÙÍÇÎÈÉìÛÃÛÚÐ×ÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕé×ÌÈ×ÏÚ×Ê øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ìÛÃÊÍÐÐÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕé×ÌÈ×ÏÚ×Ê øÊÛÖÈê×ÉÍÐÇÈÓÍÎìÛÃÊÍÐÐ éÇÚÏÓÈÕÊÛÎÈØÍÙÇÏ×ÎÈÉÈÍÈÔ×ø×ÌÛÊÈÏ×ÎÈÍÖôÍÏ×ÐÛÎØ é×ÙÇÊÓÈÃÖÍÊÈÔ×ÌÇÊÙÔÛÉ×ÛÎØÓÎÉÈÛÐÐÛÈÓÍÎÍÖÛÌÍÊÈÛÚÐ× ×Ï×ÊÕ×ÎÙÃÕ×Î×ÊÛÈÍÊÛÈùÓÈÃôÛÐÐ éÈÛÖÖê×ÌÍÊÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ óÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ éÛÎÈÛùÐÛÊÛûÆ×ÎÇ× øÊÛÖÈê×ÉÍÐÇÈÓÍÎ óÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ ïÛÌ æÛÙÛÈ×ÛÌÍÊÈÓÍÎÍÖÙÓÈÃÊÓÕÔÈÍÖÅÛÃÍÎéÈ×Æ×ÎÉùÛÎÃÍÎêÍÛØÛÈ êÓÙÛÊØÍêÍÛØ éÈÛÖÖê×ÌÍÊÈ ê×ÆÓ×ÅÍÌÌÍÊÈÇÎÓÈÓ×ÉÖÍÊÖÇÈÇÊ×Ø×Æ×ÐÍÌÏ×ÎÈÍÎÈÔ×ô×ÅÐ×ÈÈ ìÛÙÑÛÊØÙÛÏÌÇÉÐÍÙÛÈ×ØÓÎÈÔ×îÍÊÈÔæÛÐÐÙÍïÛÉÈ×ÊìÐÛÎÛÊ×Û é×ÌÈ×ÏÚ×Ê ûîÍÊÈÔæÛÐÐÙÍïÛÉÈ×ÊìÐÛÎûÊ×ÛïÛÌ úîÍÊÈÔæÛÐÐÙÍïÛÉÈ×ÊìÐÛÎ ùõ×Î×ÊÛÐìÐÛÎìÍÐÓÙÃ øê×ÏÛÓÎÓÎÕùÍÏÏ×ÊÙÓÛÐø×Æ×ÐÍÌÏ×ÎÈûÐÐÍÙÛÈÓÍÎÚÃ ûÊ×Û öÓÉÙÛÐéÈÊÛÈ×ÕÓÙìÐÛÎùÍÏÏÓÈÈ××ê×ÙÍÏÏ×ÎØÛÈÓÍÎÉÛÉÛÊ×ÉÇÐÈ ÍÖÈÔ×ô×ÅÐ×ÈÈìÛÙÑÛÊØÊ×ÐÍÙÛÈÓÍÎ öÓÉÙÛÐéÈÊÛÈ×ÕÓÙìÐÛÎùÍÏÏÓÈÈ××ê×ÙÍÏÏ×ÎØÛÈÓÍÎÉ ûÏ×ÎØÈÔ×ùÇÌ×ÊÈÓÎÍïÇÎÓÙÓÌÛÐùÍØ×ÈÍÊ×ÆÓÉ×ÛÎØÊ×ÈÓÈÐ×ÈÔ× ×ÄÓÉÈÓÎÕöÊÛÎÙÔÓÉ×íÊØÓÎÛÎÙ×ÈÍÚ×ÙÍÎÉÓÉÈ×ÎÈÅÓÈÔÈÔ×Î×Å ê×ÙÍÐÍÕÃöÊÛÎÙÔÓÉ×ûÕÊ××Ï×ÎÈÖÍÊÅÛÉÈ×ÏÛÎÛÕ×Ï×ÎÈÛÎØ Ê×ÙÃÙÐÓÎÕ éÈÛÖÖê×ÌÍÊÈ øÊÛÖÈíÊØÓÎÛÎÙ×Ýê×ØÐÓÎ× øÊÛÖÈíÊØÓÎÛÎÙ×Ýê×ØÐÓÎ× ùÍÎÉÓØ×ÊÊ×ËÇ×ÉÈÖÍÊÖ××ÅÛÓÆ×ÊÚÃÈÔ×ÎÍÎÌÊÍÖÓÈñÛÔÊÓÂÛÑ öÍÇÎØÛÈÓÍÎ éÈÛÖÖê×ÌÍÊÈ ûÈÈÛÙÔÏ×ÎÈûûÙÙÍÇÎÈéÇÏÏÛÊÃ îÛÈÓÍÎÛÐð×ÛÕÇ×ÍÖùÓÈÓ×ÉûÎÎÇÛÐúÇÉÓÎ×ÉÉï××ÈÓÎÕø×Ù×ÏÚ×Ê ÓÎø×ÎÆ×Êùí ï××ÈÓÎÕÓÎÖÍÊÏÛÈÓÍÎ AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Tuesday, September 21, 2010 5:30 p.m. CITY COUNCIL MEETING INTERVIEWS – 5:30 p.m. Conference Room A 1.Subject: Public Safety Commission interviews Recommended Action:Appoint one applicant to a partial term ending Jan. 2012 Page No: RECESS CLOSED SESSION - None PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chamber ROLL CALL CEREMONIAL MATTERS –PRESENTATIONS 2.Subject:Presentation by Santa Clara Valley Water District regarding Permanente Creek Detention Pond project Recommended Action:Receive presentation Description:Upcoming workshop with Rancho San Antonio neighbors Permanente Creek information packet Page No: 3.Subject:Presentation from the Housing Trust of Santa Clara County RecommendedAction:Receive presentation Page No: September 21, 2010 Cupertino City Council Cupertino Redevelopment Agency 4.Subject:Recognition of Putnam Award given to the Cupertino Block Leaders by the League of California Cities Recommended Action:Recognize receipt ofaward Page No: POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject:August 3, 17, and September 7 City Council minutes Recommended Action:Approve minutes August 3 draft minutes August 17 draft minutes August 17 matrix - how commissions can help August 17 matrix - where commissions need help September 7 draft minutes Page No: 6.Subject:Accounts Payable for period ending September 3, 2010 Recommended Action:Adopt Resolution No. 10-179 Draft Resolution Page No: 7.Subject:Accounts Payable for period ending September 10, 2010 Recommended Action:Adopt Resolution No. 10-180 Draft Resolution Page No: 8.Subject:Payroll for period ending September 3, 2010 Recommended Action:Adopt Resolution No. 10-181 Draft Resolution Payroll 9.3.10 Page No: September 21, 2010 Cupertino City Council Cupertino Redevelopment Agency 9.Subject:Submit grant documents tothe Department of Homeland Security for the purchase and installation of a portable emergency generator at City Hall Recommended Action:Adopt Resolution No. 10-182 Description:Authorize the City Manager or Administrative Services Director to finalize documents for a $3,000 grant to the City Staff Report Draft Resolution Page No: 10.Subject:Improvement Agreement, 10131 Santa Clara Avenue Recommended Action:Adopt Resolution No. 10-183 Draft Resolution Improvement Agreement Map Page No: ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 11.Subject:Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road Recommended Action:The application for vacation has been withdrawn Staff Report Page No: UNFINISHED BUSINESS NEW BUSINESS 12.Subject:Review opportunities for future development on the Hewlett Packard campus located in the North Vallco Master Plan area Recommended Action:Staff requests Council direction on future development on the Hewlett Packard campus and recommends that the Council authorize the analysis of additional retailallocation in the General Plan September 21, 2010 Staff Report A. North Vallco Master Plan Area Map B. North Vallco Master Plan C. General Plan Policy 2-23, 2-35, 2-43, 2-44 D. Remaining Commercial Development Allocation by Area Page No: September 21, 2010 Cupertino City Council Cupertino Redevelopment Agency 13.Subject:Fiscal Strategic Plan Committee Recommendations as a result of the Hewlett Packard relocation. Recommended Action:Adopt the Fiscal Year 2010-11 Fee Schedule;Pursue Educational Revenue Augmentation Fund (ERAF) Property Tax corrections with the State; Consider deferral/elimination of various CIP Projects for FY 2010-11 Description:CIP projects for consideration are: a. Reduce various Blackberry Farm Infrastructure Improvements ($75,000) b. Scale down the Radio Station Antenna Relocation ($10,000) c. Defer the Emergency Van Upgrade ($75,000) d. Defer Wilson Park Irrigation System Renovation ($150,000) e. Reduce various Park Path and Parking Lot Resurfacing, leaving $75,000 for safety issues ($175,000) f. Defer various Trail Resurfacing at School Fields ($125,000) g. Defer the Temporary Dog Park on Mary Avenue ($210,000) Fiscal Strategic Plan Committee Recommendations Page No: 14.Subject:Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new Recology Franchise Agreement for waste management and recycling Recommended Action:Conduct first reading of Ordinance Nos. 10-2069 and 10-2070 Description:a. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; b. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement Staff Report Draft Ordinance_Redline 6.24 Draft Ordinance_Redline 16.72 Page No: 15.Subject:Consider request for fee waiver by the non-profit Kahrizak Foundation Recommended Action:Deny the request Description:The Kahrizak Foundation requests a waiver of rental fees for prior use of the Quinlan Community Center Staff Report Attachment A: Account Summary Page No: September 21, 2010 Cupertino City Council Cupertino Redevelopment Agency 16.Subject:National League of Cities Annual Business Meeting December 4 in Denver, CO Recommended Action:Designate voting delegate and alternate Meeting information Page No: 17.Subject:Consider cancelling October 19 City Council meeting Recommended Action:Provide direction to staff Page No: ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council afterpublication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Permanente CreekFlood Protection Project Informationfrom Santa Clara Valley Water District èÔ×ì×ÊÏÛÎ×ÎÈ×ùÊ××ÑöÐÍÍØìÊÍÈ×ÙÈÓÍÎìÊÍÒ×ÙÈìÊÍÒ×ÙÈÓÉÚ×ÓÎÕØ×Æ×ÐÍÌ×ØÈÍÌÊÍÆÓØ×ÖÐÍÍØ ÌÊÍÈ×ÙÈÓÍÎÈÍÈÔ×Ê×ÉÓØ×ÎÈÉÚÇÉÓÎ×ÉÉ×ÉÛÎØÏÛÒÍÊÈÊÛÎÉÌÍÊÈÛÈÓÍÎÙÍÊÊÓØÍÊÉÓÎÈÔ×ÙÓÈÓ×ÉÍÖ ïÍÇÎÈÛÓÎæÓ×ÅÛÎØðÍÉûÐÈÍÉÛÎØÓÎÙÐÇØ×ÉÍÌÌÍÊÈÇÎÓÈÓ×ÉÖÍÊÙÍÏÏÇÎÓÈÃ×ÎÔÛÎÙ×Ï×ÎÈÉÉÇÙÔÛÉ Ø×Æ×ÐÍÌÏ×ÎÈÍÖÈÊÛÓÐÉÌÛÊÑÉÛÈÔÐ×ÈÓÙÖÓ×ÐØÉ×ÎÆÓÊÍÎÏ×ÎÈÛÐÌÊÍÈ×ÙÈÓÍÎÍÖÊÓÌÛÊÓÛÎÔÛÚÓÈÛÈÛÎØ Ê×ÏÍÆÛÐÍÖÙÍÎÙÊ×È×ÖÊÍÏÌÍÊÈÓÍÎÉÍÖÈÔ×ÙÊ××ÑèÔ×ìÊÍÒ×ÙÈÓÉÎÍÅÓÎØ×ÉÓÕÎÌÔÛÉ× íÆ×ÊÈÔ×ÌÛÉÈÉ×Æ×ÎÃ×ÛÊÉÈÔ×øÓÉÈÊÓÙÈÔÛÉÚ××Î×ÎÕÛÕ×ØÓÎÛÙÍÏÌÊ×Ô×ÎÉÓÆ×ÛÐÈ×ÊÎÛÈÓÆ×É ÛÎÛÐÃÉÓÉÖÍÊÈÔ×ìÊÍÒ×ÙÈèÅ×ÎÈÃÉÓÄÙÍÎÙ×ÌÈÇÛÐÛÐÈ×ÊÎÛÈÓÆ×ÉÅ×Ê×ÓØ×ÎÈÓÖÓ×ØÛÎØÛÎÛÐÃÂ×Ø èÅ×ÐÆ×Ö×ÛÉÓÚÐ×ÛÐÈ×ÊÎÛÈÓÆ×ÉÅ×Ê×ÛÎÛÐÃÂ×ØÓÎÏÇÙÔÕÊ×ÛÈ×ÊØ×ÈÛÓÐÖÍÐÐÍÅÓÎÕÈÔ×øÓÉÈÊÓÙÈúÍÛÊØÍÖ øÓÊ×ÙÈÍÊÉªîÛÈÇÊÛÐöÐÍÍØìÊÍÈ×ÙÈÓÍÎÙÊÓÈ×ÊÓÛèÔ×Ú×ÉÈÊÛÈ×ØÛÐÈ×ÊÎÛÈÓÆ×ÅÛÉÓØ×ÎÈÓÖÓ×ØÚÃøÓÉÈÊÓÙÈ ÉÈÛÖÖÛÉÈÔ×Ê×ÙÍÏÏ×ÎØ×ØÛÐÈ×ÊÎÛÈÓÆ×ÛÎØÛÙÙ×ÌÈ×ØÚÃÈÔ×øÓÉÈÊÓÙÈªÉúÍÛÊØÓÎé×ÌÈ×ÏÚ×Ê èÔ×ØÊÛÖÈ×ÎÆÓÊÍÎÏ×ÎÈÛÐÓÏÌÛÙÈÊ×ÌÍÊÈ÷óêÖÍÊÈÔ×ÌÊÍÒ×ÙÈÅÛÉÙÓÊÙÇÐÛÈ×ØÖÍÊÌÇÚÐÓÙÊ×ÆÓ×ÅÛÎØ ÙÍÏÏ×ÎÈÓÎ ÛÎØÈÔ×ÖÓÎÛÐ÷óêÅÛÉÙ×ÊÈÓÖÓ×ØÚÃÈÔ×øÓÉÈÊÓÙÈúÍÛÊØÍÎòÇÎ× Project Background Historical Flooding and Response èÔ×ì×ÊÏÛÎ×ÎÈ×ùÊ××ÑÅÛÈ×ÊÉÔ×ØÔÛÉÔÛØÛÔÓÉÈÍÊÃÍÖÊ×ÙÇÊÊÓÎÕÖÐÍÍØÉÅÔÓÙÔÔÛÆ×ÛØÆ×ÊÉ×ÐÃ ÓÏÌÛÙÈ×ØÈÔ×ÉÛÖ×ÈÃÛÎØ×ÙÍÎÍÏÓÙÉÈÛÚÓÐÓÈÃÍÖÊ×ÉÓØ×ÎÈÉÛÎØÚÇÉÓÎ×ÉÉ×ÉÓÎïÍÇÎÈÛÓÎæÓ×Å öÐÍÍØÓÎÕÍÙÙÇÊÊ×ØÓÎ ÛÎØ óÎø×Ù×ÏÚ×ÊÈÔ×ÉÍÙÛÐÐ×Ø©ùÔÊÓÉÈÏÛÉéÈÍÊÏ¨ÓÎÇÎØÛÈ×ØÛÌÌÊÍÄÓÏÛÈ×ÐÃ ÛÙÊ×É ÓÎÈÔ×ÐÍÅ×ÊÊ×ÛÙÔ×ÉÍÖì×ÊÏÛÎ×ÎÈ×ùÊ××ÑôÍÏ×ÉÚÇÉÓÎ×ÉÉ×ÉÛÎØÛÕÊÓÙÇÐÈÇÊÛÐÐÛÎØÉÓÎ ïÍÇÎÈÛÓÎæÓ×ÅÉÇÉÈÛÓÎ×ØÐÍÉÉ×ÉÚÊÓØÕ×ÉÛÎØÙÇÐÆ×ÊÈÉÓÎïÍÇÎÈÛÓÎæÓ×ÅÅ×Ê××ÄÈ×ÎÉÓÆ×ÐÃ ØÛÏÛÕ×ØÛÎØ Ì×ÍÌÐ×ÔÛØÈÍÚ××ÆÛÙÇÛÈ×ØÖÊÍÏÈÔ×ÓÊÔÍÏ×ÉÖÍÊÉ×Æ×ÊÛÐÅ××ÑÉ óÎÊ×ÉÌÍÎÉ×ÈÍÈÔÛÈÖÐÍÍØÓÎÕÉÈÊÇÙÈÇÊÛÐÙÔÛÎÎ×ÐÓÏÌÊÍÆ×Ï×ÎÈÉÅ×Ê×ÙÍÎÉÈÊÇÙÈ×ØÖÊÍÏ ÈÔÊÍÇÕÔÈÔ× ªÉÚÃÈÔ×éÛÎÈÛùÐÛÊÛùÍÇÎÈÃöÐÍÍØùÍÎÈÊÍÐÛÎØåÛÈ×ÊùÍÎÉ×ÊÆÛÈÓÍÎøÓÉÈÊÓÙÈ åÔÓÐ×ÈÔ×É×ÓÏÌÊÍÆ×Ï×ÎÈÉÔÛÆ×Ê×ØÇÙ×ØÖÐÍÍØÓÎÕÓÎÈÔ××ÎÉÇÓÎÕÃ×ÛÊÉÈÔ×ÃØÍÎÍÈÌÊÍÆÓØ× ÌÊÍÈ×ÙÈÓÍÎÇÌÈÍÈÔ×ÍÎ×Ì×ÊÙ×ÎÈÖÐÍÍØ×Æ×ÎÈÅÔÓÙÔÓÉÈÔ×ÖÐÍÍØÈÔÛÈÔÛÉÛÍÎ×ÓÎÍÎ×ÔÇÎØÊ×Ø ÙÔÛÎÙ×ÍÖÍÙÙÇÊÊÓÎÕÓÎÛÎÃÍÎ×Ã×ÛÊóÈÓÉÙÇÊÊ×ÎÈÐÃ×ÉÈÓÏÛÈ×ØÈÔÛÈÛÍÎ×Ì×ÊÙ×ÎÈÖÐÍÍØÅÍÇÐØ ÓÎÇÎØÛÈ× ÌÛÊÙ×ÐÉÓÎÙÐÇØÓÎÕ ÛÎØ ÌÛÊÙ×ÐÉÓÎðÍÉûÐÈÍÉ óÈÓÉ×ÉÈÓÏÛÈ×ØÈÔÛÈÛÍÎ×Ì×ÊÙ×ÎÈÖÐÍÍØ×Æ×ÎÈÅÍÇÐØÙÛÇÉ×ÛÌÌÊÍÄÓÏÛÈ×ÐÃÏÓÐÐÓÍÎ ØÍÐÐÛÊÉÓÎØÛÏÛÕ×ÉÖÍÊÛÉÓÎÕÐ××Æ×ÎÈ óÎîÍÆ×ÏÚ×Ê ©ùÐ×ÛÎéÛÖ×ùÊ××ÑÉÛÎØ îÛÈÇÊÛÐöÐÍÍØìÊÍÈ×ÙÈÓÍÎ¨Ï×ÛÉÇÊ×ùéùï×ÛÉÇÊ×íÎ×ÍÖÈÔ×ÎÓÎ×ÖÐÍÍØÌÊÍÈ×ÙÈÓÍÎÏ×ÛÉÇÊ×É ÓÎÙÐÇØ×ØÓÎÈÔ×ùéùï×ÛÉÇÊ×ÓÉÈÔ×ì×ÊÏÛÎ×ÎÈ×ùÊ××ÑÌÊÍÒ×ÙÈèÔ×ùéùï×ÛÉÇÊ×ÅÍÇÐØ ÌÊÍÆÓØ× ÏÓÐÐÓÍÎØÍÐÐÛÊÉÓÎÙÍÎÉÈÊÇÙÈÓÍÎÖÇÎØÓÎÕÈÍÓÎÙÊ×ÛÉ×ÈÔ×ÉÈÊ×ÛÏªÉÛÚÓÐÓÈÃÈÍ ÙÍÎÆ×ÃÈÔ×ÍÎ×Ì×ÊÙ×ÎÈÖÐÍÅÎÍÊÈÔÍÖ÷ÐùÛÏÓÎÍê×ÛÐûÌÌÊÍÄÓÏÛÈ×ÐÃÌÛÊÙ×ÐÉÓÎÙÐÇØÓÎÕ ÔÍÏ×É ÚÇÉÓÎ×ÉÉ×ÉÛÎØÖÍÇÊÉÙÔÍÍÐÉÛÎØÓÎÉÈÓÈÇÈÓÍÎÉÛÐÐÐÍÙÛÈ×ØÓÎïÍÇÎÈÛÓÎæÓ×Å ÅÍÇÐØÚ×ÌÊÍÈ×ÙÈ×ØèÔ×ùéùï×ÛÉÇÊ×ÅÛÉÉÇÌÌÍÊÈ×ØÚÃÍÖÈÔ×ÆÍÈ×ÊÉ ìÛÕ×é×ÌÈ×ÏÚ×Ê Flood Protection Project Goal and Objectives èÔ×ìÊÍÒ×ÙÈÓÉÙÇÊÊ×ÎÈÐÃÛÈÈÔ×Ú×ÕÓÎÎÓÎÕÍÖÈÔ×Ø×ÉÓÕÎÌÔÛÉ×èÔ×ÉÌ×ÙÓÖÓÙÕÍÛÐÍÖÈÔ×ìÊÍÒ×ÙÈÓÉ ìÊÍÆÓØ×ÖÐÍÍØÌÊÍÈ×ÙÈÓÍÎÖÊÍÏÈÔ×ÍÎ×Ì×ÊÙ×ÎÈ×Æ×ÎÈÖÍÊÈÔ×ÌÍÊÈÓÍÎÍÖÈÔ×ÖÐÍÍØÌÐÛÓÎÎÍÊÈÔ ÍÖ÷ÐùÛÏÓÎÍê×ÛÐÚÃ ÖÍÊ ÏÓÐÐÓÍÎ Community Outreach Efforts èÔ×ÍÇÈÊ×ÛÙÔ×ÖÖÍÊÈÅÛÉÛÓÏ×ØÛÈÉÍÐÓÙÓÈÓÎÕÓÎÌÇÈÍÎìÊÍÒ×ÙÈ×Ð×Ï×ÎÈÉíÇÈÊ×ÛÙÔ×ÖÖÍÊÈÉ ÓÎÙÐÇØ×Ø Permanente Creek Task Force ÛÙÍÏÏÓÈÈ××ÍÖÆÍÐÇÎÈ××ÊïÍÇÎÈÛÓÎæÓ×ÅðÍÉûÐÈÍÉÛÎØ 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ÐÍÎÕÈ×ÊÏÏÛÓÎÈ×ÎÛÎÙ×ÛÎØÍÌ×ÊÛÈÓÍÎÊ×ÉÌÍÎÉÓÚÓÐÓÈÓ×ÉÅÓÈÔ×ÛÙÔÍÖÈÔ×ÉÓÈ×ÍÅÎ×ÊÉèÔ×ÖÓÎÛÐ Ø×ÉÓÕÎÉÛÎØÖÓÎÛÐÊÓÕÔÈÍÖÅÛÃÛÕÊ××Ï×ÎÈÉÅÍÇÐØÚ×ÉÇÚÒ×ÙÈÈÍÉÓÈ×ÍÅÎ×ÊÛÎØøÓÉÈÊÓÙÈúÍÛÊØ ÛÌÌÊÍÆÛÐ ìÛÕ× Figure 1 – Recommended Alternative ìÛÕ× Figure 2 – Current Conceptual Rancho San AntonioPlan ìÛÕ× DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, August 3, 2010 PLEDGE OF ALLEGIANCE At 6:45 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. CLOSED SESSION - None CEREMONIAL MATTERS – PRESENTATIONS 1.Subject: Proclamations for participants in Cupertino Library robotics mini-camp. Recommended Action: Present proclamation. Description: Proclamations for Lynbrook High School and Miller Middle School Lego Robotics Club, the Cupertino Library and the Friends of the Cupertino Library. Action: Mayor Wang presented the proclamations. Kathy Stakey – Friends of the Library, a representative from the Cupertino Library and representatives from both schools were thanked by the city for their participation in this project. One of the students from Lynbrook explained that this robotics mini-camp emphasized math and science, and he gave a brief history of the robotics club. On behalf of the group he thanked everyone involved in creating this summer camp. POSTPONEMENTS WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Item No. 11, copy of the staff’s power point presentation and emails from neighbors opposing the antenna placement August 3, 2010 Cupertino City CouncilPage 2 ORAL COMMUNICATIONS Lin Jiang addressed the Council about receiving notice of a nonconforming use related to an electronic gate. He had the electronic gates removed but City Planner Piu Ghosh insisted that the height of the fences be reduced as well. Mr. Jiang noted that there were about 26 other cases of nonconforming uses on which no action was being taken and he believed he was being singled out and not treated fairly. Redevelopment Manager Kelly Kline stated that they were following up on all of the other non-conforming properties in the order they were received. Mr. Jiang happened to be the first one received but all of the others had been notified and staff was working with everyone letting them know what options were available. The Council concurred to agendize this for further discussion. Cathy Helgerson stated that she was now involved in a misdemeanor filed against her for trespassing at the Stevens Creek Quarry. She referred to a letter from Public Works Director Ralph Qualls in the police report and suggested the city was taking sides in this lawsuit. She asked if the city was supporting Stevens Creek Quarry because the City was using that site for compost storage. Furthermore, she stated that the compost area was open to residents and she had a right to be there. Public Affairs and Technology Director Rick Kitson stated that while they could not comment on the specific nature of the criminal complaint, it was important to note that his department worked with public works on solid waste and recycling issues. Recology placed already composted, processed material in a pile that was free to residents. The compost was distributed through a contract employee hired by the city. It was not on City property but it was a city service. City Attorney Carol Korade stated that, in regard to the letter from the Public Works Director, the City Manager had the authority to delegate derivative authority such as warning letters, code enforcement, etc. to implement Council policy. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items 2-4 and 10, on the Consent Calendar as recommended. Item Nos. 5-9 were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2.Subject: Accounts Payable period ending July 16, 2010. Recommended Action: Adopt Resolution No. 10-143. Attachments:Draft Resolution 3.Subject: Accounts Payable for period ending July 23, 2010. Recommended Action: Adopt Resolution No. 10-144. Attachments:Draft Resolution 4.Subject: Payroll for period ending July 23, 2010. Recommended Action: Adopt Resolution No. 10-145. Attachments:Draft Resolution 10.Subject: Request for extensions of a previously approved hotel proposed for 10165 N De Anza Blvd. August 3, 2010 Cupertino City CouncilPage 3 Recommended Action: Approve extensions. Description: Request for a one year extension to a previously approved 5-story hotel and parking structure, EXT-2010-04, EXT-2010-05, EXT-2010-06, (APN 326-34-057), Dipesh Gupta/Ebrahim Kaabipour. Attachments:Staff Report Attachments:Approval letter to applicant, dated January 23, 2009 Attachments: Letter from Applicant, dated July 7, 2010 Attachments:Approved Plan Sets, dated January 20, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Mahoney moved and Wong seconded to approve items Nos. 5, 6, 7, and 8 and 9, listed below. The motion carried unanimously. 5.Subject: Accept quitclaim deed and authorization for underground water rights at 10385 Calvert Drive. Recommended Action: Adopt Resolution No. 10-146. Description: First LJ of Cupertino, LLC, APN 375-17-027. Attachments:Resolution Attachments:Quitclaim Deed Attachments:Map 6.Subject: Accept quitclaim deed and authorization for underground water rights at 10395 Calvert Drive. Recommended Action: Adopt a Resolution No. 10-147. Description: First LJ of Cupertino, LLC, APN 375-17-028. Attachments:Resolution Attachments:Quitclaim Deed Attachments:Map 7.Accept quitclaim deed and authorization for underground rights at 10355 Calvert Drive. Recommended Action: Adopt Resolution No. 10-148. Description: First LJ of Cupertino, LLC, APN 375-17-024. Attachments:Resolution Attachments:Quitclaim Deed Attachments:Map August 3, 2010 Cupertino City CouncilPage 4 8.Subject: Accept quitclaim deed and authorization for underground water rights at 10140 Lockwood Drive. Recommended Action: Adopt Resolution No. 10-149. Description: Madhukar Govindaraju and Chaya Murthy Govindaraju, APN 342-14-112. Attachments:Resolution Attachments:Quitclaim Deed Attachments:Map Cathy Helgerson raised concerns about Items 5 – 8 regarding underground water rights. She believed if someone wanted to sell their rights that should be allowed, but they should not be required to do so. Furthermore, contamination of wells and reservoirs was an ongoing issue that needed to be resolved. 9.Subject: Intent to vacate a portion of City right of way on Stevens Canyon Road at 22605 Ricardo Road. Recommended Action: Adopt Resolution No. 10-150. Description: Applicant is Harold “Bud” Barclay. Attachments:Staff Report Attachments:Resolution Attachments:Map Cathy Helgerson said she believed the City should maintain this portion of land and not give it back to the owner because it had not been maintained and there was quite a bit of overgrown foliage. City Manager Dave Knapp explained that the City had originally required the owner to give up this land in case the City needed it for right-of-way. However, they had determined that the land was not needed and the City was giving it back to the owner, except for five feet which would be retained for a pedestrian trail. Assistant Public Works Director Glen Goepfert commented that it was impractical to keep more than five feet. To put a wider pedestrian area in trees would have to be removed and it would have to go through existing houses. This action simply lined up the trail with the two houses to the north. PUBLIC HEARINGS 11.Subject: Appeal of a WiMax antenna at West Valley Presbyterian Church. Recommended Action: Consider denial of the appeal. Description: This is an appeal of an approved WiMax antenna to be concealed in a cupola on the roof top of the church, DIR-2010-05, 6191 Bollinger Road (APN 375-41-007), Bradley Head for Clearwire/West Valley Presbyterian Church. Attachments:Staff Report August 3, 2010 Cupertino City CouncilPage 5 Attachments:Planning Commission Resolution 6602 Attachments:Planning Commission Staff report, dated July 27, 2010 Attachments:Petition from Appellant Attachments:Email from Wenjie Li, dated July 23, 2010 Senior Planner Colin Jung reviewed the project and noted that the Planning Commission suggested additional post-construction radio frequency monitoring to address some of the residents’ concerns. He said the basis of the appeal was the cupola design, the placement of the proposed WiMax antenna, and that the equation in the original application (radio frequency study) was wrong. There were also concerns about inadequate noticing and the potential negative health effects of WiMax energy close to schools and residences. Mr. Jung stated that federal law prohibited the city from making decisions on personal wireless service facilities based on the health and/or environmental effects if it met federal safety standards, and this project met did. Also, review must be limited to project design issues and there were none with this project. He noted that the project was consistent with the city’s wireless facilities master plan and the wireless communications facilities ordinance; cupolas were a common architectural feature of churches; and the equation in the radio frequency study was correct and had been taken from FCC Technical Bulletin No. 65. Peter Friedland, Vice-Chairman of the Telecommunication and Information and Communications Commission (TICC), explained that the commission provided input on the safety and aesthetics of cellular facility projects. Regarding the safety aspect, he noted that this was fourth generation technology to provide wireless signals and the WiMax antennas provided a conservative amount of radio frequency power. He said that Clearwire took the aesthetics issue seriously and had taken steps to hide the antenna. He noted that there was a desire from residents to have viable alternatives for high speed internet service, and WiMax technology allowed the user to have internet access wherever they went, and would need approximately 6-10 antennas in Cupertino to provide WiMax throughout the City. He said that the TICC recommended denying the appeal. Kevin Wong, representing Clearwire, explained that for capacity and technology the site distance between antennas should be one mile. There were currently already eight sites approved in the city, but not necessarily built. He explained that these antennas cannot be used by other carriers, they are designed to be used at a certain frequency range, but the location could be shared if there was sufficient space. Rajet Mathur, representing the engineering consulting firm of Hammet and Edison, Inc., engineering consulting firm, noted that a Nextel antenna might have 2 to 3 times the power of this site, and an AT&T antenna might have 4-5 times the power. He also noted that if a person was standing 100 feet from this installation the compared use of a cell phone would be approximately 1000 times more power. However, it was not an exact comparison because with a cell phone only part of the body was exposed. Michael Lance, President of West Valley Presbyterian Church, stated their board had made three changes to the contract with Clearwire: 1) A radio frequency study must be done before and after the site went up; 2) A radio frequency study must be done every three years; and 3) if Clearwire wanted to change equipment to increase power, the Church must sign off on the August 3, 2010 Cupertino City CouncilPage 6 request through their Board to make sure it was appropriate, and the matter would also have to go back to the Planning Commission. Ione Yuen, appellant, commented on the fact that they could not address health issues due to the FCC rules. However, although design was not the issue, the residents would see it and know what the cupola was hiding. She did not concur with the safety issues raised by the Sheriff’s Department in regard to communication, because the residents had no cell phone communication issues in their neighborhood. Mrs. Yuen also noted that they had heard of the application in May but only had until June to reply. They had unsuccessfully attempted at that time to meet with church representatives. Therefore they had appealed and subsequently submitted a petition signed by 195 residents against the installation of this antenna. She commented that notices for the original application had gone to property owners but not necessarily residents. Norman Yuen, appellant, expressed his concern about this WiMax installation. He had previous career experience as a senior engineer at a WiMax company so he was knowledgeable about the system. He said it was different from cell phone antennas because generated power 24 hours a day and was not limited by the number of users. He supported WiMax but believed this antenna was too close to residences. He was also concerned that no studies had been done on this new WiMax technology and he wanted monitoring done more than every three years. Andy Radle, member of the Technology, Information and Communications Commission (TICC), explained that the TICC got involved because of the City survey done a couple of years ago that indicated residents’ concerns about poor cell phone coverage and wireless network access in the city. The area involved in this application was one of the indicated weak spots. Stuart Chessen expressed his support for this application. He stated that he lived across from a cell phone tower and his property values had not decreased. There was currently poor reception in the City and resulting safety issues. He noted that the City had to relocate its emergency operations center because they could not get cell phone coverage. Winnie Lee, Planning Commissioner, stated that she was speaking this evening as a private citizen. She said that she was a dentist and commented on the levels of radiation in her field. She noted that there were different levels of radiation and very little in consumer products. The following individuals spoke in opposition to this project: Eric Wu, Beigi Gu, Ron Miller (not present but submitted written comments), Bob Ulicki, Rajesh Rao, Mathur Vinjamury, Long Li, Tom Tofish, Aioub Hashemi, Keith Murphy, Dean Nobunaga, Simon Yeh, Michael Guan, Cathy Helgerson, Titan Gu, Anshu Nadkarni, Jennifer Dey, Daniel Zhu and Art Nagaragan. They raised the following issues: the antenna was located too close to residences; it was not aesthetically compatible; there would be insufficient monitoring; there had been inadequate notification; there would be a negative impact on property values; there was not an impact study on project; and there was a lack of consistency because other antenna applications had been denied; it was not in compliance with height regulations; and there would be health issues including radiation pollution and negative psychological effects. August 3, 2010 Cupertino City CouncilPage 7 Senior Planner Colin Jung commented that this project was in compliance with the General Plan and Heart of the City. It provided better communications coverage which resulted in increased safety in the city. He stated that staff followed public noticing rules established by the city and in this case property owners within a 1,000 foot radius were notified. Property owners were responsible for notifying their tenants/renters. Public Information Officer Rick Kitson referred to the survey done by the TICC and staff that resulted in many comments about the levels of frustration in the city regarding cell phone coverage. Additionally he noted that AT&T and Comcast were now provided under a state franchise and were no longer required to cover more than half the city. WiMax was an alternative for providing broadband service to residents. City Attorney Carol Korade referred to the Telecommunications Act of 1996 which stated that health and safety concerns could not be used as criteria if the project was below FCC standards. The act also required that even with an aesthetic determination, Council would have to show findings in evidence that the proposed antenna was not necessary to close a significant gap in coverage and that there were alternative locations for such a facility. Furthermore, it needed to be more than conjecture and Council would have to make factual testimony on these findings in the record. Chang moved to postpone discussion of this appeal item for two weeks. The motion failed due to lack of a second. Mahoney moved and Santoro seconded to deny the appeal and modify the director’s conditions of approval to require radio frequency (RF) energy testing by a third party, paid for by the applicant, at project installation, six months, one year and three year increments. Test results shall be reported to the city in writing. If RF energy exposures exceeded present FCC exposure standards and any future modifications thereof, the test results shall be reported to the FCC for enforcement action, the Director’s approval will be withdrawn and appropriate city action will be taken. To ensure resident’s legitimate concerns are addressed, the applicant shall post a company telephone hotline number on the base equipment enclosure. Councilmember Chang stated for the record: “I will vote no on it, not because I am against your company, but it doesn’t mean I have to roll over all the public opinion of the residents who are concerned about it. I’m not concerned about, but that doesn’t mean as a City Councilmember I shouldn’t listen to constituents. I have no problem with cell tower where I live. In this case I feel City Council not listening to the constituents’ concerns and doing the right thing, so I’m going to vote no.” Vice Mayor Wong concurred with Councilmember Chang’s statement. UNFINISHED BUSINESS – None NEW BUSINESS August 3, 2010 Cupertino City CouncilPage 8 12.Subject: Approve assessment of fees on private parcels for the annual weed abatement program. Recommended Action: Conduct a hearing and adopt Resolution No. 10-151. Attachments:Staff Report Attachments:Assessment Report Janet Lowy stated that she had received the notice to abate but it was a particularly rainy season and due to the expense of removing a large tree that had fallen on her property she did not have the funds to do the abatement. She did not realize that she could have contacted the county, explained her situation and received an extension. She had now taken care of the abatement, had pictures of her property and was requesting an extension. Virginia DuRosario stated that she had received the notice to abate and within two weeks she had taken care of the abatement. However, she was disputing the $298 fee as she did not feel she was given the opportunity for a second inspection. Her children had asthma so she was always aware of the need to remove the weeds. Another speaker said that he had removed the weeds on his property as soon as he had received the notice. However, he was on permanent disability and his memory was very poor so he was unclear when he actually cleared the weeds. He had not understood there was a deadline. Councilmember Santoro reiterated his suggestion that the deadline be later to help owners get through the rainy season. Vice Mayor Wong stated that he was not questioning what the residents or the contractor were saying but there was a concern that the county has to resolve. He added that you could receive the notice, do the abatement and then due a heavy rainy season the weeds could grow back before the next inspection. It was the responsibility of the owner to monitor his property but unfortunately they could get caught in the middle. The representative from the County stated that 221 properties in Cupertino were sent notices, and of those, 39 failed inspection but only 8 required abatement by the County. He outlined the process regarding weed abatement noticing and stated that the $298 fee was being charged because the owner was not in compliance at the time of the inspection. Council had authorized the collection of these fees, which imposed to recover costs incurred by the County. He further noted that the deadline for abatement was April 15 but this year due to the rains no inspections took place in Cupertino before May 4. Furthermore, the notice sent to the owners clearly stated that if they failed the initial inspection they would have to pay the $298 fee. He stated that the notice included the name of the inspector and a contact number if anyone needed clarification. This year they had received several requests for extensions and these inspections had been postponed. He also commented that next year the county would be sending an additional notice to all property owners in their thirteen jurisdictions. This notice would be sent three to four weeks prior to the deadline reminding owners that the abatement needed to be done. Santoro moved and Wong seconded to adopt the resolution putting a lien assessment on the properties to recover the cost of weed abatement and to waive the fees for properties 11, 26 and 33 as listed on the assessment report. Motion carried unanimously. August 3, 2010 Cupertino City CouncilPage 9 13.Subject: Letter on status of county reclamation violations at Lehigh. Recommended Action: Authorize mayor to sign letter. Description: Letter to County Planning Department regarding the status of East Materials Storage Area Reclamation Plan Amendment intended to address the Notices of Violation (NOVs) issued by the County in 2006 and 2008. Attachments:Draft letter to county re: NOVs City Manager Dave Knapp stated that the draft letter for the mayor to sign was triggered by the July 20 study session on the Lehigh Cement Plant, when two Council Members had asked that a letter be sent to the county requesting a status report on the related notices of violation, enforcement actions and any related issues. Cathy Helgerson stated that she would like to see more detailed information in the letter including the results of the soil testing. Furthermore she suggested that the County’s environmental group be copied on the letter. Bill Almon, representing Quarry No, showed aerial photos taken last week of the Lehigh Plant. He stated that this was an issue of health and enforcement. The County had issued notices of violation but there had been no enforcement and the plant had been allowed to continue expansion. He suggested adding a resolution to the letter that would urge the Board of Supervisors to abide by the regulations and procedures currently in place and halt any further expansion until an environmental impact report was in place. In response to an inquiry from Council, Mr. Almon stated that he lived in Los Altos Hills and the Council there had agreed to send a letter to BAAQMD. Ignatius Ding noted that the County issued a notice of violation but took no enforcement action because they did not feel there was any urgency. He also noted that the 1985 reclamation plan had not been carried out. He suggested that other neighboring cities be copied on the Mayor’s letter. David Fung stated that this was an issue of violations, enforcement and compliance. Lehigh had a pattern of violations and was not in compliance with the law. The people and environment should be protected and the violations should be corrected. He supported sending the letter. Councilmember Mahoney was in favor of including a statement that the Council was disappointed in the current level of enforcement and the fact that there had been no record of fines. Councilmember Santoro suggested adding wording that the Council would also encourage better follow up and stricter enforcement to correct the notices of violation. Vice Mayor Wong commented that a joint letter from all adjoining cities would have more impact. Councilmember Chang presented an overview of the notices of violation that had been issued and the lack of compliance by Lehigh. He questioned whether additional study sessions should be scheduled with BAAQMD and EPA to further discuss the status of these issues. Councilmember Chang did not think the letter as drafted was strong enough. August 3, 2010 Cupertino City CouncilPage 10 Mahoney moved and Santoro seconded to authorize the Mayor to sign the letter, amended to add these words to the end of the second paragraph: “The Council encouraged better follow- up and strict enforcement of notices of violation.” Chang moved to amend the motion to include the amendment that the County can not issue an expansion permit without Lehigh having a valid Title V permit. The motion failed due to lack of a second. The original motion passed unanimously. 14.Subject: Adopt ordinance prohibiting the feeding of birds in City parks. Recommended Action: Conduct first reading of Ordinance 10-2066. Description: An Ordinance of the City Council of the City of Cupertino adopting Section 13.04.130 P of the Cupertino Municipal Code prohibiting the feeding of birds in City parks. Attachments:Staff Report Attachments:Draft Ordinance Attachments:Flyer Parks and Recreation Director Mark Linder reviewed the staff report. He noted that park users raised this issue over a year ago, and it was a health issue for both park users and for the birds. Staff had reviewed possible options with the Parks and Recreation Commission and the result had been the proposed ordinance before Council. However it had been brought to their attention that the ordinance as proposed would negatively affect the Audubon Society’s bird feeding and the 4H feeding of chickens. Staff suggested limiting the ordinance to waterfowl at Memorial Park, and also recommended waiving the fine for the first offense. Barbara Banfield, Naturalist at McClellan Ranch Park, commented that the major source of food for the geese was the grass. In response to Council comments about possibly removing the grass and/or the pond, she stated that a total redesign of Memorial Park could be undertaken but costs of such a project were unknown. Darcy Paul, Parks and Recreation Commission, commented on several solutions that the Commission had considered. Signage had been placed in the park advising park users to not feed the animals. The spraying of a non-toxic material on the grass had been considered but it was costly to apply and there was no guarantee it would work. Furthermore, the park would have to be closed when it was applied and protective gear would have to be worn by those spraying. While it was a non-toxic material in the grass it could be an irritant to eyes and nose when in the air. He noted that some communities had used dogs to chase the geese off but there was the concern of loose dogs in the park. The Commission had recommended approval of the proposed ordinance with one Commissioner dissenting because of how the fines were structured. August 3, 2010 Cupertino City CouncilPage 11 Stuart Chessen suggested that fines were necessary for those who would not listen. The current signage was difficult to see as it was in the trees. He suggested that volunteers help enforce the issue. Council discussed options regarding the fine structure and whether better signage as a first step would address the problem, or whether fines were necessary to emphasize the consequences of feeding the animals. Councilmember Santoro moved and Vice Mayor Wong seconded to adopt a sign program, to direct staff to place multiple language signs listing the reasons not to feed the geese near water locations where the geese congregated, and to report back to Council six months after the signs were installed. Motion carried unanimously. 15. Designate an alternate board member for the Silicon Valley Regional Interoperability Agency (SVRIA). Recommended Action: Select representative from Council. Attachments:Staff Report Action: Mahoney moved and Santoro seconded to designate Mayor Wang the alternate board member for the Silicon Valley Regional Interoperability Agency. Motion carried unanimously. ORDINANCES 16.Subject: Amend the Cupertino Municipal Code relating to designated bicycle lanes and routes. Recommended Action: Conduct second readings and enact Ordinance Nos. 10-2063 and 10- 2064. Description: An ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to designated bicycle lanes"; and "An ordinance of the City Council of the City of Cupertino amending Section 11.08.260 of the Cupertino Municipal Code relating to designated bicycle routes". Attachments:Staff Report Attachments:Ordinance No. 10-2063 Attachments:Ordinance No. 10-2064 Action: Mahoney moved and Wong seconded to read the ordinances by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. Mahoney moved and Wong seconded to read the ordinances by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. STAFF REPORTS City Clerk Kimberly Smith reported that Agenda Manager, a new software tool, had been used for the first time in the preparation of the packet for this Council meeting. She explained that in this first phase, the reports remained in digital form from creation through review and approval, August 3, 2010 Cupertino City CouncilPage 12 which reduced the amount of paper used. The second phase will streamline the process for loading that information into the city’s archives, and the third phase streamline how the staff reports were linked to the meeting video. She explained the new numbering sequence and the addition of a table of contents which listed all the attachments. Council discussed this new software and the benefits it provided. They wished to continue receiving a paper copy of the packet, with items divided by tabs. COUNCIL REPORTS Council reported on the following successful events: Community Congress, Global Elegance and Relay for Life. Vice Mayor Wong commented on a statement made by a Councilmember at the last meeting suggesting that he may have violated the Brown Act. He was not in attendance at the meeting and believed if such statements were made about him they should be made in his presence. City Attorney Carol Korade added that there had been no Brown Act violation. She explained that Vice Mayor Wong asked to be the delegate to the League of California Cities conference, and because he was absent from the Council meeting he sent his request via email, which was in the packet as part of the public record. City Manager Dave Knapp added that one Council Member sending an email to all Council Members was not a violation of the Brown Act. It may have been a violation only if two or more Council Members had responded to such an email. ADJOURNMENT Subject: Commission presentations to City Council on August 17. Recommended Action: Adjourn to Tuesday, August 17, 5:00 p.m., at the Quinlan Community Center, 10185 North Stelling Road. Action: At 1:58 a.m., the meeting was adjourned to August 17 at 5:00 p.m. ____________________________ 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 Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. 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. August 3, 2010 Cupertino City CouncilPage 13 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, August 17, 2010 ROLL CALL At 5:00 p.m. Mayor Kris Wang called the regular adjourned meeting to order in the Cupertino Room at the Quinlan Community Center, 10185 N. Stelling Road, Cupertino, California. Present: Mayor Kris Wang, Vice Mayor Gilbert Wong (left the meeting at 5:20 p.m.), and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. 1.Subject: Commission reports to Council (order was determined by random drawing): Technology, Information, and Communications Commission Fine Arts Commission Bicycle Pedestrian Commission Parks and Recreation Commission Planning Commission Housing Commission Library Commission Audit Committee Public Safety Commission Teen Commission Recommended Action: Receive reports. Description: A representative from each commission and committee gave an overview of the projects or responsibilities that their group could both contribute to other commissions and receive help from other commissions. Attached to the minutes is a matrix outlining the results of the joint meeting. Action: Mayor Wang invited all the commissioners to the Commission Appreciation Dinner on Sept. 23 at 6:00 p.m. RECESS - At 6:22 p.m. the City Council recessed and the Commissions and Committees adjourned. CLOSED SESSION - none PLEDGE OF ALLEGIANCE At 6:53 p.m. Mayor Kris Wang called the meeting back to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. August 17, 2010 Cupertino City Council 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.Subject: Neighborhood Watch drawing for National Night Out. Recommended Action: Winner receives Ride-Along with Sheriff. Each Council member drew a name and the following five neighborhood representatives were chosen: Srikala Munamala, South Stelling Road Wynne Dobyns, De Anza Oaks Wendell (Bill) and Sharon Kerr, Sunderland Drive Richard Whittington, Stanford Place Soly Retter, Newcastle Drive POSTPONEMENTS - none WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed amended staff reports for Item Nos. 16, 17, and 22. ORAL COMMUNICATIONS Lin Jiang talked about fences and driveway gates in his neighborhood.He showed photos of existing electric and non-electric fences and driveway gates, comparing the differences in appearance between old, non-conforming fences and the newer fences and driveway gates. He cited increased safety and theft deterrence as a reason for the newer fences and driveway gates. An item discussing this issue will be on the Sept. 7 agenda. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 16, 17 and 18 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3.Subject: Accounts Payable for period ending July 30, 2010. Recommended Action: Adopt resolution. Attachments:Draft Resolution 2 August 17, 2010 Cupertino City Council 4.Subject: Accounts Payable for period ending August 6, 2010. Recommended Action: Adopt Resolution. Attachments:Draft Resolution 5.Subject: Payroll for period ending August 6, 2010. Recommended Action: Adopt Resolution. Attachments:Draft Resolution 6.Subject: Treasurer's Investment and Budget Report for quarter ending June 2010. Recommended Action: Accept report. Attachments:Staff Report Attachments:Investment Portfolio Attachments:Pie/Rate of Return Chart & Compliance Schedule Attachments:General Fund Budget Report Attachments:Expenditure & Revenue Charts 7.Subject: Alcoholic Beverage License, 7 Eleven Store, 21220 Homestead Rd. Recommended Action: Approve application for Off-Sale Beer & Wine License. Attachments:Staff Report Attachments:Department of Alcoholic Beverage Control Application 8.Subject: Alcoholic Beverage License, Moshi Moshi Japanese Restaurant, 10831 North Wolfe Rd. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Attachments:Staff Report Attachments:Department of Alcoholic Beverage Control Application 9.Subject: Alcoholic Beverage License, Smoke Eater Hot Wings, 10650 S De Anza Blvd. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Attachments:Staff Report Attachments:Department of Alcoholic Beverage Control Application 10.Subject: Revised Conflict of Interest Code for City officials and designated employees. Recommended Action: Adopt resolution. Attachments:Draft Resolution 11.Subject: Grant of Easement for Roadway Purposes, 21914 Hermosa Avenue. Recommended Action: Adopt Resolution. Attachments:Grant of Easement Attachments:Draft Resolution Attachments:Map 3 August 17, 2010 Cupertino City Council 12.Subject: Grant of Easement to Pac Bell Telephone Company for relocated facilities at the Mary Avenue Bicycle Footbridge. Recommended Action: Adopt Resolution. Attachments:Staff Report Attachments:Resolution Attachments:Grant of Easement 13.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 21914 Hermosa Avenue. Recommended Action: Adopt Resolution. Attachments:Quitclaim Deed Attachments:Draft Resolution Attachments:Map 14.Subject: Public Improvement Agreement, 21914 Hermosa Avenue. Recommended Action: Adopt Resolution. Attachments:Improvement Agreement Attachments:Draft Resolution Attachments:Map 15.Subject: Improvement Agreement, 10231 Amelia Court. Recommended Action: Adopt Resolution. Attachments:Improvement Agreement Attachments:Draft Resolution Attachments:Map 19.Subject: Stormwater Management Facilities Operation and Maintenance Agreement, 10231 Amelia Court. Recommended Action: Adopt Resolution. Attachments:Operation Maintenance Agreement Attachments:Resolution Attachments:Map 20.Subject: Resignation of Public Safety Commissioner Charles Caldwell. Recommended Action: Accept resignation and direct staff to recruit to fill vacancy. Attachments:Resignation letter 21.Subject: Revise Administrative Procedures related to Expense Reimbursement and Advance Payment by elected or appointed officials. Recommended Action: 1) Add Cupertino American Cancer Society to approved list of reimbursable fundraisers; 2) Eliminate pre-approval of International Travel, but limit total annual expenditures to $2,500. Attachments:Staff Report Attachments:Administrative Procedures 4 August 17, 2010 Cupertino City Council ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 16.Subject: 2010 Pavement Maintenance Project, Project #2010-04. Recommended Action: Award Contract. Description: Review bids and award the contract for the 2010 Pavement Maintenance Project, Project No. 2010-04 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Attachments:Staff Report Attachments:Street List Attachments:Map Discussion: An amended staff report was distributed as written communication for this item. Assistant Public Works Director Glenn Goepfert reviewed the amended staff report and noted the results from the bid opening earlier in the afternoon. Councilmember Chang asked questions regarding the legal bid process. The City Attorney said that she would provide a written, legal opinion regarding the process and the possibility of keeping the engineer’s estimate and contingency estimate private. The City Manager said that he would provide information regarding how other entities handle the bid process. Action: Santoro moved and Mahoney seconded award the contract. The motion carried with Chang voting no. 17.Subject: Reconstruction of Curbs, Gutters, and Sidewalks. Recommended Action: Award Contract. Description: Review bids and award the contract for the Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2010-05 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Attachments:Staff Report Discussion: An amended staff report was distributed as written communication for this item. Assistant Public Works Director Glenn Goepfert reviewed the amended staff report and noted the results from the bid opening earlier in the afternoon. He corrected the total bid on the staff report to be $649,940.00. Action: Santoro moved and Mahoney seconded award the contract. The motion carried with Chang voting no. 18.Subject: Stormwater Management Facility Easement Agreement, 10231 Amelia Court. Recommended Action: Adopt Resolution. Attachments:Easement Agreement Attachments:Draft Resolution Attachments:Map 5 August 17, 2010 Cupertino City Council Action: Councilmember Santoro asked a question regarding the easement. Santoro moved and Wong seconded to adopt the resolution. The motion carried unanimously. PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 22.Subject: Agreement with Fremont Union High School District and Cupertino Union School District regarding traffic congestion and safety in the area near Monta Vista High School, Lincoln Elementary School and Kennedy Middle School. Recommended Action: Authorize City Manager to negotiate and execute agreement. Attachments:Staff Report Attachments:A. Study by Hexagon Transportation Consultants, Inc. Attachments:B. List of meeting participants Discussion: An amended staff report was distributed as written communication for this item. Parks and Recreation Director Mark Linder reviewed the staff report. Captain Terry Calderone answered questions from Council. Michael Gottwald suggested putting in speed bumps, checking how fast people drive around the schools, and reducing the speed in order to make it safer for kids to walk/bike to school. Craig Lee urged Council to proceed with the four-month proposed study, regardless of how negotiations turn out, since the data is worth regarding the viability of having a crossing guard and deputy over the long term. He also wondered about the best way to determining the priority for crossing guards and where else in the City they might be needed, such as Garden Gate, Stelling, and Rainbow Drive. He noted that he is a member of the Public Safety Commission, and the Commission wasn’t notified about this study nor asked for any input. Parks and Recreation Director Mark Linder explained that the commissions were not notified because of the urgency to put this item on the agenda before the start of school season. He said that he would notify the commissions with the results and request input before the item comes back to Council. He noted that the study was funded completely by the Fremont Union High School District. Council directed staff to: 1) Have the Public Safety Commission take on the school crossing guard volunteer program and use the Sherriff’s office to train the volunteers; 2) Invite the Public Safety and Teen Commissions to evaluate the pilot program and offer recommendations for its continuation; 3) Include the agreement in Items of Interest before it is executed. 6 August 17, 2010 Cupertino City Council Action: Santoro moved and Chang seconded to authorize the City Manager to negotiate and execute an agreement with the School Districts, and to add staggered school times and the Walk/Bike/Carpool to School program to the list of items to be negotiated. The motion carried unanimously. 23.Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way at Rose Blossom Drive. Recommended Action: Conduct first reading of ordinance. Description: An ordinance of the City Council of the City of Cupertino amending Section 11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive. Attachments:Staff Report Attachments:Draft Ordinance Attachments:Map Discussion: Assistant Public Works Director Glenn Goepfert reviewed the staff report. The Deputy City Clerk read the title of the ordinance. Wong moved and Mahoney 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. Abstain: None. Council recessed from 8:09 p.m. to 8:15 p.m. 24.Subject: Discuss Commission recommendations from joint meeting. Discussion: Council and commission representatives discussed questions and any objections that came out of the joint meeting held earlier in the evening. Andy Radle from the Technology, Information, and Communications Commission (TICC) said that they could help the Planning Commission with buying software to encourage energy savings. Darcy Paul from the Parks and Recreation Commission said that they could help the TICC regarding locating cell towers in City parks, and would include this in the Commission’s work plan, in addition to sending a representative to one of the TICC meetings. Councilmember Mahoney spoke for the Fine Arts Commission, noting that they asked Council to reevaluate the percent for art funding and to have the FAC participate early with the Planning Commission on new developments before approval by Council. Mark Fantozzi from the Bicycle Pedestrian Commission said that their main issues were the status of bike to school efforts, the Bicycle Friendly Community status and timing, and bike parking at schools and other public facilities which are all are interrelated and connected to the Bicycle Friendly Community status. Council suggested that the Commission work with Clinton Brownley as a liaison with the Cupertino Union School District to focus on bike/pedestrian access to the schools. 7 August 17, 2010 Cupertino City Council Ron Miller from the Library Commission noted that they also mentioned the idea of Bike to Library Day and that there are no obvious corridors to ride bikes to the library campus. He wondered whether the parking rack was sufficient for additional bike traffic. Cupertino Librarian Mark Fink responded to the suggestion from the Parks and Recreation Commission to having a book drop-off in City parks. He said that a barrier to having different drop-off locations is the volume of items the Library receives every day and that a shipping schedule would be very resource intensive. He said that they would explore the idea and look into some possible solutions. Council suggested advertising that people can drop off their books and media to any County library even though they checked them out at a specific branch. Related to the Planning Commission suggestions, Jennifer Griffin said she was on the North Vallco Master Plan Task Force and explained that representatives from HP and Apple were there and spent $50,000 on a consultant. She noted that the group had a very thorough public process and that the plan has been studied enough. Action: Council directed staff to agendize the North Vallco Master Plan for discussion and direction to the Planning Commission for its review. Discussion: The City Council discussed the Below Market Rate (BMR) program. Jennifer Griffin said that she was concerned about the possibility of Council disbanding or relaxing the requirements of the BMR program and compromising affordable housing units for parks. She noted that the public needs to be involved if any changes are made. Councilmember Santoro explained how the Audit Committee selected the audit firm and also the investment portfolio. Daniel Nguyen from the Public Safety Commission talked about fire, sheriff services, and emergency preparedness all being within the commission’s purview and monthly reports are received from each group. Captain Terry Calderone noted that in addition to the reports provided, the Public Safety Commission also discusses public outreach and their objectives, such as behaviors to reduce victimization and identity theft, as well as reporting statistics, trends, etc. Council asked the Public Safety Commission to not just focus on traffic and congestion, but also look at crime rates and disaster preparedness; to work with staff on writing monthly topics on issues such as identity theft and crime prevention; and mention the alertscc.com program where residents can register a phone number to be called in case of any emergencies in their area. Craig Lee from the Public Safety Commission said that he doesn’t believe there is enough expectation from the City Council for the commission to accomplish projects. He suggested that the Council insist that the commission provide a work plan consistent with 8 August 17, 2010 Cupertino City Council the Council work plan and that staff be required to pass appropriate issues by the commission for its input before the issues come to Council. He also suggested that one of the questions commission candidates should be asked in their interview is how much time beyond attending the meetings they would be willing to participate in public safety projects. Mayor Wang encouraged the commission to make up its own work plan, prioritizing what it wants to accomplish, and then ask Council for support. Lauren Phillips from the Teen Commission responded to a question from Council regarding any incentive programs that the Commission has encourage walking/biking to school. She said that she hopes to do a program twice in the school year (fall and spring) where each school campus would find what works best for them and make it unique enough to get both the adults and kids excited. Councilmember Santoro suggested that the Commission make a list of any particular issues that would impede kids in walking or biking to school and give that list to the appropriate commission. Mayor Wang thanked the commissions for their input and encouraged the liaisons from each commission to connect with each other, and to also use the monthly Mayor’s meeting as a way to get help. ORDINANCES - none STAFF REPORTS City Manager Dave Knapp said that the Sterling Barnhart Park had opened and the ribbon cutting would be Saturday at 10:00 a.m. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:27 p.m. the meeting was adjourned to September 7 at 4:00 p.m. for Parks & Recreation Commission and Fine Arts Commission interviews, City Hall Conference Room A, 10300 Torre Avenue. ____________________________ Grace Schmidt, Deputy 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 Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then 9 August 17, 2010 Cupertino City Council click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 10 DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, September 7, 2010 ROLL CALL At 4:00 p.m. Mayor Kris Wang called the special meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. INTERVIEWS 1.Subject: Parks & Recreation and Fine Arts Commission interviews. Recommended Action: Conduct interviews and make appointments. Discussion: City Clerk Kimberly Smith explained that Dr. Nancy Canter, a former Fine Arts Commissioner, had applied for the single unscheduled vacancy on that Commission and her application was processed before staff realized that two years had not yet passed since her term ended. Smith explained that the waiting period used to be one year, but was changed to two years by Resolution No. 10-048, which was adopted in March 2010. City Attorney Carol Korade reviewed the options available to Council and explained that waiting to January 2010 would offer the most flexibility. The Council concurred to delay the Fine Arts Commission interview until January 2010. Action: The Council members interviewed David Fung, Veronica Law, Marcia StClair, Rishi Chopra, Ram Chinchali, Fari Aberg, and Jordan Eldridge for an unscheduled vacancy on the Parks and Recreation Commission, and appointed Marcia StClair to a partial term ending January 2012. RECESS - The meeting was in recess from 5:30 p.m. to 5:40 p.m. CLOSED SESSION 2.Subject: Conference with legal counsel - anticipated litigation (Government Code 54956.9(b)(1)). Description: Significant exposure to litigation (one case). 3.Subject: Conference with legal counsel – existing litigation (Government Code 54956.9(a)). Description: a. City of Cupertino v. Yuen et al. Santa Clara County Superior Court. September 7, 2010 Cupertino City Council Page 2 b. City of Cupertino v. Mansfield et. al. Santa Clara County Superior Court (In re Mansfield, United States Bankruptcy Court). RECESS - The meeting was recessed from 6:30 p.m. to 7:03 p.m. PLEDGE OF ALLEGIANCE At 7:03 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. CLOSED SESSION REPORT Mayor Wang reported that City Council had met in closed session on two items. She said that in the matter related to significant exposure to litigation, the Council received a briefing and took no action. She noted that in the matter related to existing litigation, the Council received a legal briefing from the attorney and gave direction to legal counsel. CEREMONIAL MATTERS – PRESENTATIONS Mayor Wang re-ordered the agenda to take up item 9 first. 9.Subject: Presentation acknowledging the City's support and participation in the 2010 Census. Recommended Action: Receive presentation from the Seattle Regional Census Center. Action:Ms. Doris Tse presented a Certificate of Appreciation plaque to Mayor Wang in acknowledgement of the City’s outstanding support and participation in the 2010 Census. Ms. Tse said that the City of Cupertino had finished with an impressive mail participation rate of 77%, which was 6% above the State rate and 5% above the National rate. 4.Subject: Proclamation recognizing the student volunteers who worked for the Organization of Special Needs Families (OSF) summer program. Recommended Action: Present proclamation. Action: Mayor Wang presented the proclamation to Sandy James, President of OSF and the 23 participants in the program. Ram, one of the volunteers, noted that working with each participant in the summer program had been a very rewarding experience. Lee Wei stated that their annual fundraiser would be held on October 16 and thanked the Council for its support. 5.Subject: Proclamation recognizing Daniel Nguyen, Chair of the Public Safety Commission, for his willingness to come to the aid of another on Saturday, August 28, at the Happy Kid's Day Event. Recommended Action: Present proclamation September 7, 2010 Cupertino City Council Page 3 Action:Mayor Wang presented a proclamation to Daniel Nguyen and thanked him for using his emergency training to assist a person in need of medical attention. Mr. Nguyen commented that it was important in such situations to do your best and not get nervous. 6.Subject: Proclamation declaring the month of September as Prostate Cancer month Recommended Action: Present proclamation Action:Mayor Wang read the proclamation. 7.Subject: Proclamation for the Library Foundation and others recognizing the new Teen Room at the Cupertino Library. Recommended Action: Present proclamations Action: Mayor Wang presented proclamations to Cupertino Librarian Mark Fink and the following donors to the new Teen Room: Cupertino Library Foundation, Cupertino Rotary, Friends of the Cupertino Library and HSCB Bank. In addition, Santa Clara County and the City had contributed to this project. Mr. Fink thanked everyone for their support and noted that on September 11 these donors would be recognized and a ribbon cutting ceremony would follow at the Community Hall. 8.Subject: Presentation from Toyokawa Sister City Committee and Delegates. Recommended Action: Accept presentation Action: Mr. Asif Kauser, President of the Toyokawa Sister City Committee, introduced th the 12 student participants in the 27 delegation to Toyokawa and thanked the Council for their support. Each of the participants addressed the Council and commented on their experiences in Toyokawa. POSTPONEMENTS The City Clerk said that there was a request to continue Item No. 34, discussion of possible removal of the phrase “electronic gates” from Municipal Code Section 19.100. Mr. Lin Jiang, a property owner who was out of town on this evening, requested the postponement. The Council members concurred to hear the item on this evening’s agenda. It was determined that it would not be postponed, but would be taken up in order on this agenda. WRITTEN COMMUNICATIONS The City Clerk distributed the following written materials: Item No. 33 – An updated draft resolution showing the addition of a 5-foot pedestrian access Item No. 34 – Written communications from Susan Sievert requesting a legal option on several topics, and an email from the Community Development Director to the Council explaining that the ordinance could be amended administratively without going back to the Planning Commission for discussion. ORAL COMMUNICATIONS Soonam Kim explained that a tree in front of his house had fallen and blocked traffic. The City had removed enough so that traffic could get through, and he had hired a tree service to remove September 7, 2010 Cupertino City Council Page 4 the root and remaining debris. He had been advised by his builder and his insurance company that it was his responsibility. He had received no notice from the City at that time. At a later date he had removed a tree in his backyard which he believed was a danger to his family’s safety, but was notified that he was in violation of the tree removal ordinance and was fined $3,100. He stated that this was a financial burden on his family, and he was asking for reconsideration of this fine. Community Development Director Aarti Shrivastava explained that fallen tree was a public safety matter so the City had an obligation to clear away the section of tree causing a safety issue but not to use public funds to remove a tree on private property. The City had received a complaint about the removal of the tree in the backyard because it was a protected tree, which was recorded in the deed on the property. Council asked for staff to report back to Council on this matter. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 15 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 10.Subject: Accounts Payable for period ending August 13, 2010 Recommended Action: Adopt Resolution No.10-163 Draft Resolution Page No: 12 11.Subject: Accounts Payable for period ending August 20, 2010 Recommended Action: Adopt Resolution No. 10-164 Draft Resolution Page No: 24 12.Subject: Accounts Payable for period ending August 27, 2010 Recommended Action: Adopt Resolution No.10-165 Draft Resolution Page No: 33 13.Subject: Payroll for period ending August 20, 2010 Recommended Action: Adopt Resolution No.10-166 Draft Resolution Page No: 45 14.Subject: July 20 City Council minutes. Recommended Action: Approve minutes. Draft Minutes Page No: 46 16.Subject: Alcoholic Beverage License, Kento Bowl Restaurant, 21670 Stevens Creek Boulevard. September 7, 2010 Cupertino City Council Page 5 Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcohol and Beverage Control Application Page No: 62 17.Subject: Alcohol Beverage License, Shanghai Restaurant, 10877 North Wolfe Road. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 64 18.Subject: Alcohol Beverage License, Florentines, 10275 South De Anza Boulevard. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 68 19.Subject: Alcohol Beverage License, Fontana's Italian Restaurant, 20840 Stevens Creek Boulevard. Recommended Action: Approve application for On-Sale General for Bona Fide Public Eating Place. Staff Report Department of Alcohol & Beverage Control Application Page No: 71 20.Subject: Alcohol Beverage License, One Pot, 19648 Stevens Creek Boulevard (Marketplace). Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 74 September 7, 2010 Cupertino City Council Page 6 21.Subject: Improvement Agreement, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution No. 10- 167 Draft Resolution Improvement Agreement Map Page No: 76 22.Subject: Parcel Map, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution No. 10-168 Description: Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Draft Resolution Map Page No: 90 : Parcel Map, 10231 Amelia Court. 23.Subject Recommended Action: Adopt Resolution No. 10-169 Description: Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Draft Resolution Map Page No: 92 24.Subject: Municipal Improvements, 10630 Linnet Lane. Recommended Action: Accept Municipal Improvements. Description: The applicant has completed City-specified improvements in the City right- of-way including sidewalk, curb & gutter, driveway approach and grading as required by the improvement agreement with the City. Map Page No: 94 25.Subject: Grant of Easement for Roadway Purposes, 10131 Santa Clara Avenue. Recommended Action: Adopt Resolution No. 10-170 Draft Resolution Grant of Easement Map Page No: 95 26.Subject: Grant of Easement for Streetlight Purposes, 822 Candlewood Drive. Recommended Action: Adopt Resolution No. 10-171 Draft Resolution Grant of Easement Map Page No: 101 27.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10131 Santa Clara Avenue. September 7, 2010 Cupertino City Council Page 7 Recommended Action: Adopt Resolution No. 10-172 Draft Resolution Quitclaim Deed Map Page No: 107 28.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10300 Palo Vista Road. Recommended Action: Adopt Resolution No. 10-173 Draft Resolution Quitclaim Deed Map Page No: 113 29.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Avenue. : Adopt Resolution No. 10-174 Recommended Action Draft Resolution Quitclaim Deed Map Page No: 120 30.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10149 Judy Avenue Recommended Action: Adopt Resolution No. 10-175 Draft Resolution Quitclaim Deed Map Page No: 126 31.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 822 Candlewood Drive. Recommended Action: Adopt Resolution No. 10-176 Draft Resolution Quitclaim Deed Map Page No: 132 32.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 7541 Orange Blossom Drive. Recommended Action: Adopt Resolution No. 10-177 Draft Resolution Quitclaim Deed Map Page No: 138 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) September 7, 2010 Cupertino City Council Page 8 15.Subject: Endorse Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. Recommended Action: Endorse proposition. Description: This item has been recommended for approval by the City Council Legislative Committee in order to protect municipal revenues from state take-aways. Page No: 60 Action: Wong moved and Mahoney seconded to endorse the proposition as recommended by the Legislative Committee. The motion carried 4 to 1, with Santoro abstaining. He explained that he did not think it was appropriate to tell the voters how to vote. PUBLIC HEARINGS 33.Subject: Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road. Recommended Action: Adopt Resolution 10-178 Page No: 143 Discussion: The City Clerk distributed an updated draft resolution showing the addition of a 5-foot pedestrian access. Public Works Director Ralph Qualls noted that this was a dedicated piece of property when the property was developed so the City did not own the land. Staff did not believe that there was any future potential for a sidewalk in this area but at their last meeting Council had asked for a five-foot pedestrian access so the resolution had been amended. He also noted that there was a four-foot public utility easement in place. Community Development Director Aarti Shrivastava stated that they could provide information to the Council on the square footage of this property both before and after this addition of property and general information on whether or not the property could be subdivided. Additionally, the owner could be asked to attend a meeting to provide input on his request and plans for the property. Action: Mahoney moved and Wong seconded to adopt Resolution No. 10-178. After discussion about whether the change would allow the property to be subdivided, Council member Mahoney withdrew his motion andmoved to continue the item to the next meeting when the applicant would be available. Wong seconded, and the motion carried 3 to 2, with Mayor Wang and Council member Chang voting no. RECESS - The meeting was in recess from 8:30 p.m. to 8:40 p.m. UNFINISHED BUSINESS - None September 7, 2010 Cupertino City Council Page 9 NEW BUSINESS 34.Subject: Discussion of possible removal of the phrase “electronic gates” from Municipal Code Section 19.100. Recommended Action: Direct staff regarding ordinance revisions, if any (Ordinance No. 10-2068) Description: Applicant – City of Cupertino Location – Citywide Application – Fence Ordinance Amendments to clean up language with regard to Driveway and Roadway Gates. Fence ordinance – electronic gates A. Letter to Mr. Jiang dated September 1, 2010 B. Policy 2-22 C. Fence Ordinance Page No: 149 Discussion: Community Development Director Aarti Shrivastava noted that the original intent of the ordinance was to allow electronic gates. This had been inadvertently omitted from the ordinance, but staff could correct it administratively. An exception was needed for a gate, but it did not matter if it was electric. City Manager Dave Knapp stated that Mr. Jiang was currently in violation of the fence ordinance. Exceptions were not allowed but Council could agree to discuss amending the fence ordinance. Community Development Director Aarti Shrivastava stated that the property under discussion was annexed to the city in 2004. This fence was built in 2006 after the fence ordinance was in place. Action: The Community Development Director stated that she would make the wording correction administratively. Council took no action on this item. 35. Subject: Public Safety Commission unscheduled vacancy. Recommended Action: Select application deadline date of Monday, September 13 and interview date of September 21 beginning at 5:30 p.m. Action: Council concurred with dates and times recommended by staff. ORDINANCES 36. Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way and Rose Blossom Drive. Recommended Action: Conduct the second reading of Ordinance No. 10-2067 Description: An ordinance of the City Council of the City of Cupertino amending Section 11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive. Page No: 160 September 7, 2010 Cupertino City Council Page 10 Action: Wong moved and Mahoney seconded to read the ordinance by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Wong moved and Mahoney seconded to enact Ordinance No. 10-2067. Ayes: Chang, 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 9:01 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 Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. 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. ADMINISTRATIVE SERVICES DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: September 21, 2010 Subject Submit grant documents to the Department of Homeland Security for the purchase an installation of a portable emergency generator at City Hall. Recommended Action Adopt Resolution. Description Authorize the City Manager or Administrative Services Director to finalize documents for a $3,000 grant to the City. Discussion In fiscal year 2010, the federal Department of Homeland Security allocated a $300,000 Emergency Operations Center grant to the City to acquire and install a portable emergency generator at City Hall. City staff is preparing the formal grant documents to finalize and receive the award. As part of this process, the federal government requires that the City Council authorize, by resolution, the City staff members that can prepare and sign such documents. Since the emergency preparedness division originally applied for the grant, the City Manager and Director of Administrative Services are seeking this authority. Fiscal Impact The City has a current budget of $400,000 for this project in account 420-9254, using the grant funds and $100,000 from the General Fund for the required local match. _____________________________________ Prepared by: David Woo, Finance Director Reviewed by: Carol A. Atwood, Director of Administrative Services Approved for Submission by: David W. Knapp, City Manager Attachments: Draft resolution RESOLUTION NO. 10-________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER OR DIRECTOR OF ADMINISTRATIVE SERVICES TO EXECUTE ACTIONS NECESSARY TO OBTAIN GRANTS FROM DEPARTMENT OF HOMELAND SECURITY WHEREAS, the federal Department of Homeland Security allocated to the City of Cupertino a $300,000 Emergency Operations Center Grant in fiscal year 2010 for the acquisition and installation of a portable emergency generator at City Hall; and WHEREAS, the California Emergency Management Agency, the grant administrator, has designated the City as an eligible sub-grant recipient of this award; and WHEREAS, the Agency requires that the City Council authorize, by resolution, the City official(s) that can prepare and sign the related grant documents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO that the City Manager or Director of Administrative Services is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of September, 2010, by the following vote: Vote Members of the City Council YES: NOES: ABSENT: ABSTAINED: ATTEST: APPROVED: City Clerk, City of Cupertino Mayor, City of Cupertino RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENTBETWEEN THE CITY AND DEVELOPERS, HSUEHLI JOSEPH YEH AND HSIAOWEN TUNG, 10131 SANTA CLARA AVENUE, APN 326-24-050 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Hsuehli Joseph Yeh and Hsiaowen Tung, for the installation of certain municipal improvements at 10131 Santa Clara Avenue, and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 21th day of September, 2010, by the following vote: Vote Members of theCity Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino Resolution No. 10- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPERS: HSUEHLI JOSEPH YEH AND HSIAOWEN TUNG LOCATION: 10131 SANTA CLARA AVENUE, APN 326-24-050 PART A Faithful Performance Bond: $ 14,694.70 110 2211 PART B Labor and Material Bond: $ 14,694.70 110 2211 PART C.Checking and Inspection Fee: $ 2,468.00 110 4538 PART D. Development Maintenance Deposit: $ 1,000.00 110 2211 PART E. Storm Drainage Fee –Basin 3 $ 222.11 215 4073 PART F.Street Light - One-Year Power Cost: N/A 110 4537 PART G.Map Checking Fee: N/A 110 4539 PART H.Park Fee - ZONEIII N/A 280 4083 PART I.Reimbursement Fee: N/A éÇÚÒ×ÙÈóÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ éÛÎÈÛùÐÛÊÛûÆ×ÎÇ× ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ ò PUBLIC WORKSDEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: September 21, 2010 Subject Vacate a portion of City right of way on Stevens CanyonRoad at 22605 Ricardo Road. Recommended Action The application for vacation has been withdrawn. Discussion The owner of the parcel at 22605 Ricardo Road petitioned the City to vacate a portion of the existing Stevens Canyon Road right of way adjacent to his property that is no longer needed for roadway purposes. Harold “Bud” Barclay applied to the City of Cupertino requestingthat the City consider vacating a portion of the existing Stevens Canyon Road public road right of way. Once vacated, the area would become part of the Barclayparcel at 22605 Stevens Canyon Road. After meeting with City staff, Mr. Barclay has decided to withdraw the application. During Council’s regular meeting of September 7, 2010, Council members raised the following questions about the Barclay parcel. Answers are provided. 1.Is the parcel currently large enough to subdivide, or would it need area added to it in order to be large enough? The parcel currently has a gross area of 23,898 square feet. Since it is in an R1-10 zone, it is large enough to be subdivided into two lots each 10,000 square feet or more in area. The parcel does not need any additional area to meet the area requirement. 2.What is the appropriate area to be reserved for a future pedestrian walkway on Stevens Canyon Road along the frontage of the Barclay parcel? The existing construction, mature vegetation, and varying right-of-way locations along Stevens Canyon Road make a consistent location of future walkways and other roadway and roadside elements along Stevens Canyon Road problematic. Staff will develop a plan line for Stevens Canyon Road in order to answer these questions in a more comprehensive manner. _____________________________________ Prepared by:Glenn Goepfert Reviewed by:Glenn Goepfert for Ralph Qualls Approved for Submission by: David W. Knapp, City Manager Attachments: None COMMUNITY DEVELOPMENT DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: September 21, 2010 Subject Review opportunities for future development on the Hewlett Packard campus located in the North Vallco Master Plan area. Recommended Action Staff requests Council direction on future development on the Hewlett Packard campus and recommends that the Council consider authorizing analysis of additional retail allocation in the General Plan. Background On August 17, 2010, the Council asked staff to agendize a discussion on the future development potential of the Hewlett Packard campus in light of the recent news that Hewlett Packard is moving out of Cupertino. The Hewlett Packard campus is located in the North Vallco area(see Attachment A), as defined by the General Plan, and is one of the City’s major employment centers. It is roughly bounded by Homestead Road, Wolfe Road, I-280, and Tantau Avenue. The 240-acre area includes the 95- acre Hewlett Packard campus, the approximately 60-acre Apple campus, as well as Cupertino Village retail center, a hotel, two apartment complexes and additional office and residential properties. In 2006, the City Council authorized the preparation of the first phase of a Master Plan for the North Vallco area. The study was initiated to proactively address development opportunities in the area ahead of development proposals. The urban design firm of Freedman Tung and Bottomley, represented by Michael Freeman, was retained to help prepare the plan and facilitate three Community Workshops. The Council also appointed a 20-person Study Committee and consultant, Bruce Liedstrand, as advisors for the Master Plan effort. The North Vallco Master Plan report was received by the Council in November 2007. Discussion The final North Vallco Master plan outlined 10 general principles consistent with the General Plan policies for the area, which reflect community input received from residents and corporate tenants(see Attachment B). They include: Partner with the community and corporate citizens Preserve the area as a workplace core (office, office/research & development) Incentivize provision of an engaging and vital work environment Promote walkability and connectivity; at the same time recognize company security requirements Work with property owners to create a distinctive identity for the area Promote sustainable designs and practices Ensure responsible and efficient use of land Respect the interests of adjacent residential neighborhoods Minimize traffic impacts Obtain constructive community consensus on the appropriateness of residential development in the area recognizing that the community has differing views General Plan Guidance The Cupertino General Plan (Policy 2-35) prescribes that the North Vallco area consist of mostly office and light industrial activities, along with neighborhood commercial and hotel uses (see Attachment C). Residential uses are allowed in the area, except on the 95-acre Hewlett Packard campus. The Hewlett Packardcampus commits the City to the development policies of the 1993 General Plan through a Development Agreement which was signed in November 1995 and expires in November 2015. The Development Agreement is referenced in the 2005 General Plan. When the Hewlett Packard campus is sold to another owner, a new Development Agreementwill be required to lock in parameters for future development. The General Plan provides a clear policy to retain the North Vallco Area as an employment area with predominantly office and light industrial uses. The General Plan also recognizes (Policy 2- 44) that maintaining the cohesiveness of commercial centers and office parks is necessary to have a healthy tax base and retain opportunities for existing businesses to expand in response to changing business trends. This of crucial importance given that only 4% of the City’s area is zoned for industrial land (including the North Vallco Area and the Bubb Road area). Plans for future development in the area must consider impacts to the City’s revenues and the City’s ability to retain/attract major corporate headquarters and campus developments (including facilitating emerging industries) in order to stay competitive with other cities and regions. Retail Commercial Development Allocation In reviewing uses in the North Vallco area that could provide economic benefits to the City, staff recommends looking at allowing larger format stores that historically bring more revenue. The North Vallco Area is in a geographically central location in the Silicon Valley and provides the essential tenant prerequisites, such as, convenient highway access and visibility that are critical to larger format stores. Currently, the remaining City-wide allocation for commercial uses is approximately 80,000, which is not adequate to build a new large format retail development which typically requires around 250,000 square feet (see Attachment D). In order to plan for future uses as negotiations on the site develop, staff recommends: 1.Adding 500,000 square feet to the City-wide commercialallocation; and 2.Amending the General Plan and zoning on the Hewlett Packard siteto allow larger format, regional commercial uses. Policy 2-23, Strategy 5 “Allocation Review”, which states, “Review allocations of the development priorities periodically to ensure that the development priorities meeting City needs and goals,” supports this approach. It is estimated that the process for the General Plan amendment, rezoning and environmental review would take approximately 6-10 months and cost about $90,000 to $120,000 (depending on the level of environmental review). The costs could be recouped later from applicants for retail development. In addition, sales tax revenue from these larger format stores would easily cover these “start-up” costs. Residential Development While the General Plan allows residential uses in the North Vallco area (except onthe Hewlett Packard campus), the City has historically discouraged residential uses in order to maintain the cohesiveness and vitality of the North Vallco employment center and to preserve the significant development potential for corporate campuses. The General Plan advises caution and provides criteria for any conversion of office/industrial uses to residential usesin this area with Policy 2- 43 and Policy 2-44. The City’s recently completed Housing Element which extends to 2014 does not anticipate residential development in the North Vallco area. Coordination with Apple and HP Staff has informed Apple and Hewlett Packard regarding the discussion related to the North Vallco Master Plan area. Both companies have expressed the desire to maintain the policies in the 2007 North Vallco Master Plan, noting that considerable effort was spent on community participation and coordination among the property owners in the area. Hewlett Packard has also stated that it is premature to discuss specific options for their campus at this time. _____________________________________ Prepared by: Gary Chao, City Planner Reviewed by: Aarti Shrivastava, Community Development Director Approved for Submission by: David W. Knapp, City Manager Attachments: A.N. Vallco Master Plan Area Map B.N. Vallco Master Plan C.General Plan Policy 2-23, 2-35, 2-43, 2-44 D.Remaining Commercial Development Allocation by Area OFFICE OF ADMINISTRATIVE SERVICES ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ STAFF REPORT Agenda Item _____________ Date:September 21, 2010 Subject Implement short and long term fiscal strategies recommended by the Fiscal Strategic Plan Committee as a result of the Hewlett Packard relocation to Palo Alto. Recommendation Consider implementation of the following strategies: 1.Adopt the Fiscal Year 2010/11 Fee Schedule; 2.Pursue ERAF property tax corrections with the State; 3.Consider deferral/elimination of various CIP projects for Fiscal Year 2010/11: a.Reduce various Blackberry Farm Infrastructure Improvements ($75,000); b.Scale down the Radio Station Antenna Relocation ($10,000); c.Defer the Emergency Van Upgrade ($75,000); d.Defer Wilson Park Irrigation System Renovation ($150,000); e.Reduce various Park Path and Parking Lot Resurfacing Projects leaving $75,000 for safety issues only ($175,000); f.Defer various Trail Resurfacing at School Fields ($125,000); g.Defer the Temporary Dog Park on Mary Avenue ($210,000). Description As a result of the announcement of Hewlett Packard’s relocation to Palo Alto, the Fiscal Strategic Plan Committee met to discuss the timing and financial impact to the City due to this relocation, and to re-visit all revenue and expenditure strategies that would place the City in as favorable financial position as possible. The Committee is proposing the above three strategies for City Council implementation. Sustainability Impact None Fiscal Impact The above measures would bring in approximately $45,000in fees, a potential of over $1 million per year in ERAF property tax shift revenues, and up to $820,000 in CIP deferrals and/or cut backs. Prepared by: Carol Atwood Approved for Submission by: David W. Knapp, City Manager PUBLIC WORKSDEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: September 21, 2010 Subject Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new Recology Franchise Agreement. Recommended Action Conduct first reading of Ordinance Nos. 10-_____ and 10-_____. Description A. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; B. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement. Discussion On May 18, 2010, Council approved anew five-yearwaste collection and recycling services franchise agreement,effective November 1, 2010. The proposed municipal code changes will provide consistency between Section 6.24 of the Cupertino Municipal Code and the City’s new and improved Franchise Agreement. The amendment will remove the reference to the former name of the Franchisee, Los Altos Garbage Company, which now operates as Recology, Cupertino. The following summarizes revisions to both Chapters 6.24 and 16.72 of the Cupertino Municipal Code: Chapter 6.24 6.24.050 Adds language to limitthe amount of time recyclables maybe accumulatedin recycling totersbefore being redeemed. Recyclables often have food residue which may attract rodents and cause foul odors and / or may become a significant fire hazard. The current code has no such provision. 6.24.300 Updates language to reflect the evolution from landfilling garbage (current code) to promoting recycling and reuse (new code) and to specify the City’s obligation to its Franchise Agreement as well as to State requirements pertaining to the containment of waste material so that it does not threaten local environmental health. 6.24.325 and 6.24.330 Both sections add languagewhich provides for enforcement through the City’s administrative citation process. Chapter 16.72 16.72.060 Provides clarification to the language regarding the administrative fee, which is not mandatory unless specified in the City’s fee schedule. 16.72.070 Failure to comply with the existing reporting requirements may now delay final inspection. Amendments to Chapter 16.72 make it consistent with Chapter 6.24 and with the new RecologyFranchise Agreement. _____________________________________ Prepared by: Cheri Donnelly Reviewed by:Ralph Qualls Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Ordinance Redline Version ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER6.24 OF THE CUPERTINO MUNICIPAL CODE TO REVISE AND RE-TITLE THE EXISTING FRANCHISE ORDINANCE, GARBAGE–LOS ALTOS GARBAGE COMPANY, AS GARBAGE AND RECYCLING COLLECTION AND DISPOSAL TO REFLECT THE CITY’S UPDATED WASTE MANAGEMENT AND RECYCLING PROGRAMS AND TO PROVIDE TERMINOLOGY CONSISTENT WITH THE NEW FRANCHISE AGREEMENT WITH RECOLOGY. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1.. Code AmendmentChapter 6.24 of the Cupertino Municipal Code is hereby amended to read as follows: GARBAGEAND RECYCLING COLLECTION AND DISPOSAL Section 6.24.010 Purpose of chapter. 6.24.020Definitions. 6.24.030Mandatory garbage collection service; owner responsibility. 6.24.040Commencement of garbage collection service. 6.24.050 Frequency of disposal. 6.24.060 Method of garbage, compostable materials and recyclables disposal. 6.24.070Garbage compostable materials and recyclables containers. 6.24.080 Inappropriate containers. 6.24.090Burning restrictions. 6.24.100 Disposal of explosive or hazardous material restrictions. 6.24.110 Unauthorized disposal prohibited. 6.24.120Franchise granting authority. Deleted. Deleted. 6.24.150 Charges for garbage collection service. 6.24.160Failure to pay for garbage collection service. 6.24.170Notification of delinquency. 6.24.180 Assignment of delinquent account. 6.24.190Lien initiation. 6.24.200 Notice of hearings on liens. 6.24.210Administrative hearing on liens. 6.24.220 Public hearing on liens. 6.24.230Recording of lien. 6.24.240Collection of delinquent charges as a special assessment. 6.24.250Report of delinquent charges for special assessment. 6.24.260Levy of special assessments. 6.24.270Collection of special assessment. 6.24.280 Continuing appropriation account. 6.24.290Recycle centers. 6.24.300 Unauthorized garbage collection. 6.24.305 Containers stored in trash enclosures. 6.24.310Interfering with garbage collection service. 6.24.320 Unauthorized use of garbage collection service. 6.24.325 Rules and regulations adopted. 6.24.330Violation–Misdemeanor. 6.24.010Purpose of Chapter. This chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Cupertino. 6.24.020Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise: 1.“City” means and includes all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein. 2.“Collection station” means the location at which containers of garbage, recyclables and compostable materials are placed for collection by the authorized garbage collector. 3.“Compostable Materials” means organic materials, including but not limited to, material generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, food and non-food vegetative matter, soiled paper, and cardboard and waxed cardboard that decompose biologically. 4. “Construction and demolition debris” or “C&D debris” means materials resulting from the construction, remodeling, or demolition of buildings and other structures. “Construction and demolition debris” includes, but is not limited to, concrete, asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations and is subject to the provisions of Chapter 16.72. 5. “Debris box service” means collection service in containers without compaction that have a capacity of eight (8) cubic yards or more. Debris boxes may be used for the collection of recyclable and compostable materials, or garbage, and may be used for construction and/or demolition debris that may or may not be intended for full or partial recycling or other waste diversion. 6.“Delinquent” means a failure of the recipient of garbage collection service, or of the property owner, to pay when due all charges owed to the garbage collector for garbage collection service rendered or to be rendered. 7. “Director” means the Director of Public Works and his/her duly authorized agents and representatives. 8.“Dwelling” means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. 9.“Finance Director” means the Finance Director and his/her duly authorized agents and representatives. 10.“Garbage” means all materials, substances or objects that are discarded, including but not restricted to, materials, substances or objects commonly referred to as “trash,” “garbage,” “refuse” and “rubbish” that are produced, generated or accumulated by all residential, commercial, industrial, institutional, municipal, agricultural and other inhabitants, premises and activities within the City, the collection of which is regulated through the franchise agreement existing between the City and the authorized garbage collector; provided, however, that “garbage” does not include (a) hazardous materials,(b) recyclable materials, (c) compostable materials, (d) construction and demolition debris, (e) biomedical waste, (f) ash, and (g) sewage and other highly diluted water-carried materials or substances and those in gaseous form. 11.“Garbage collector” means any person or entityauthorized by the franchise agreement between the Franchisee and the City, in accordance with Section 6.24.120of this chapter, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. 12. “Garbage collection service” means the collection, transportation and disposal of garbage, compostable materials and recyclables by an authorized garbage collector. 10 13.“Hazardousmaterials” means any or combination of materials which because of its quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous materials includes, but is not limited to, hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such laws, and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Section 9.12.020 of the Cupertino City Code for which a hazardous materials storage permit is required. 14.“Multiple-unit dwelling” or “multiple family dwelling” means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. 15.“Nonresidential premises” means all premises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation. 16.“Occupancy”; “occupied”:Premises are “occupied” when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises,occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. 17. “Owner” means the holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided. 18. “Person” includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof. 19. “Premises” means any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. 20. “Recyclables” or ”Recyclable Material” mean those materials that can be returned to economic use as raw materials for new, reused or reconstituted products, which prior to collection are separated by the generator fromother material treated as garbage. Examples of Recyclables include, but are not limited to: newspaper, cans, corrugated cardboard, glass, certain types of plastic, metals, wood, automobile oil, and compostable items such as food and yard waste. “Mixed Recyclables” means more than one type of Recyclable Material commingledin a bin, debris box, compactor or other type of container. This material includes, but is not limited to wood, paper, plastic, metals, glass, and other dry waste. The material must not have more than 10% putrescrible or non-recyclable waste. “Single Source Separated Recyclables” means any Recyclables that, prior to collection, are or have been separated or segregated by their generator as to type or category of material and are or have been placed into separate containers according to type or category, i.e. all metal is separated from other recyclables and placed in its own separate container or separate debris box. 21.“Residential premises” means any single-unit dwelling or multiple-unit dwelling. 22.“Single-unit dwelling” means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second unit located within a single-family residential zoning district, shall constitute a separate single-unit dwelling to which garbage collection service is provided, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises at commercial rates. 23. “Tenant” means any person or persons, other than the owner, occupying or in possession of a premises. 6.24.030 Mandatory Garbage Collection Service–Owner Responsibility. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for at least the minimum level of garbage collection service made available to that premises by the garbage collector, as specified in the franchise agreement between the city and the garbage collector executed pursuant to Section 6.24.120 of this chapter. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for a level of service sufficient to provide for the collection of all garbage generated on the property. Customers at non-residential properties must subscribe to services on a regular weekly basis sufficient to prevent container or bin overages and, where necessary, to extra services to prevent overages. The charges for garbage collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any garbage to be collected on any particular collection date during such occupancy. Occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner’s obligation to pay for garbage collection service as provided herein. 6.24.040Commencement of Garbage Collection Service. The owner or tenant shall commence garbage collection service within ten days after occupancy of a premises, or portion thereof.In the event service is not initiated within such period of time, the Director may give written notice to the owner or tenant that garbage collection service is required.If service is not initiated by the owner or tenant within ten days after the date of mailing the notice, the Director shall authorize the garbage collector to begin and continue providing the minimum level of garbage collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization. 6.24.050Frequency of Disposal. No more than one week’s accumulation of garbage shall be kept or permitted to remain upon any premises in the City. At least once a week, all garbage produced, kept, deposited, placed or accumulated within any premises in the City shall be disposed of in accordance with the provisions of this chapter. Dry recyclables and compostable materials may be accumulated for up to one month (if necessary to reasonably fill the collection container), so long as they are not stored within view of the public right of way and are kept in appropriate containers. 6.24.060 Method of Garbage, Compostable Materials and Recyclables Disposal. All garbage, compostable materialsand recyclables shall be disposed of by delivery of each container to an authorized collection station, located as to be readily accessible for the removal and emptying of its contents by the garbage collector. Recyclables and compostable materials may be dealt with as set forth in Section 6.24.300. 6.24.070 Garbage, Compostable Materials and RecyclablesContainers. A. All garbage, compostable materialsand recyclables containers shall be kept in a sanitary condition with the lid closedor capsecured, except when being loaded or unloaded. B.Garbage, compostable materialsand recyclables containers for residential premises shall be provided by the garbage collector and be sized based on the level of subscription for services requested by the resident. Containers shall not be loaded with more materials than will fit in the container with the lid closedor cap secured, or in excess of the weight limit marked on the container. Garbage containers for commercial premises shall be provided by or approved by the garbage collector. C.Garbage, compostable materialscontainers and recycling containers shall be collected by the garbage collector when the containers are placed outside of the premises; provided, however, that the collection may be made at such other location upon approval by the Director, based on the services subscribed for by the resident. D.Garbage containers, compostable materials containersand recyclingcontainers shall be placed at the authorized collection station not more than twenty-four hours before the scheduled collection time, unless the resident subscribes for ‘Walk-Up’ services. Such containers shall be removed from the collection station within twenty-four hours after collection. Containers provided by the garbage collector shall not be moved or removed by any person other than the garbage collector. E. All bins, boxes, and containers of one cubic yard or more shall be identified with the name and telephone number of the collector servicing the bins, boxes and containers. 6.24.080Inappropriate Containers. It is the duty of the authorized garbage collector, unless otherwise allowed under the current franchise agreement, to provide the bins, boxes and containers. The use of garbage, compostable materials and recyclingcontainers which do not meet the standards set forth in Section 6.24.070 of this chapter shall be subject to regulations prescribed by the Director, including appropriate additional charges to be paid the garbage collector for the collecting and transporting of the inappropriate containers or waste contained therein. 6.24.090Burning Restrictions. It is unlawful for any person to bum, or cause to be burned, any garbage within the City or to burn, or cause to be burned, any waste upon public streets, ways or alleys.Dry waste may be burned by owners or producers thereof on privately owned property only when the hours and conditions of such burning have been approved in advance by the Fire Marshal. . 6.24.100 Disposal of Explosive or Hazardous Material Restrictions. No person shall deposit in any garbage compostable materials or recyclingcontainer any explosive, highly inflammable or otherwise hazardous material or substance. 6.24.110Unauthorized Disposal Prohibited. It is unlawful for any person or entity in the City to throw, deposit or store refuse, garbage or waste, or to cause the same to be thrown, deposited or stored, upon any street, alley, gutter, park, or other public place. Furthermore, no property owner and/or occupant with control over any premises shall keep or maintain any garbage, recyclables, compostable materials, or any waste effluent such as grease or oil on any premises within the City other than in containers as required by Section 6.24.070 and / or any other provisions of this chapter.Waste water must go to the sanitary sewer;if it contains oil or grease a grease trap may be required 6.24.120Franchise Granting Authority. The City Council may award an exclusive franchise to any person or entity the Council believes is qualified to perform garbage collection service. Such franchise agreement shall require the garbage collector to render service to all residential and commercial premises within the City in accordance with the provisions of this chapter and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this chapter. Deleted. Deleted.6.24.150Charges for Garbage Collection Service. The City Council reserves the right to establish by resolution a schedule of rates and charges for all levels of garbage collection service to be rendered by the garbage collector, who shall then have authority to collect such rates and charges.The schedule may be changed from time to time in the manner prescribed by the franchise agreement between the City and the garbage collector. 6.24.160Failure to Pay for Garbage Collection Service. The garbage collector shall be entitled to payment from either the owner or the recipient of garbage collection service for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in Sections 6.24.170 through 6.24.270 of this chapter. Garbage collection service shall not be discontinued by reason of any failure to pay the charges for such service. 6.24.170 Notification of Delinquency. If a bill for garbage collection service remains delinquent for thirty days, the garbage collector shall be entitled to collect a late charge in such amount as approved by the City Council. The garbage collector may, at any time after such thirty-day period, send or deliver notice of delinquency to the owner indicating the amount owed for garbage collection service, the amount of late charge thereon, and advising the owner that failure to pay the same will result in the placement of a lien upon the premises.The form of delinquency notice shall be approved by the Finance Director. 6.24.180Assignment of Delinquent Account. In the event the bill for garbage collection service, together with any late charge thereon, is not paid within thirty days after the date of mailing the notice of delinquency to the owner, the garbage collector may assign such bill to the City for collection through the initiation of lien and special assessment proceedings in accordance with this chapter. The assignment shall include the name and address of the owner, the assessor’s parcel number of the premises, the period of garbage collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as requested by the Finance Director together with a copy of the notice of delinquency mailed or otherwise delivered to the owner. 6.24.190Lien Initiation. Upon the City’s receipt of the assignment from the garbage collector, the Finance Director shall prepare a report of delinquency and initiate proceedings to create a lien on the premises to which the garbage collection service was or will be rendered.The Finance Director shall fix a time, date and place for an administrative hearing by the Finance Director to consider any objections or protests to his report. 6.24.200 Notice of Hearings on Liens. The Finance Director shall send written notice of the administrative hearing to the owner of the premises against which the lien will be imposed at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the Finance Director.A copy of the notice shall also be mailed to the garbage collector. The notice shall set forth the amount of delinquent garbage collection service charges, the amount of any late charge thereon, and the possible lien and administrative charges as provided in Section 6.24.230 of this chapter. The notice shall also inform the owner of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the City Council, and advise the owner of his right to appear at both the administrative hearing and the public hearing to state his objections to the report or the proposed lien. 6.24.210Administrative Hearing on Liens. At the time and place fixed for the administrative hearing, the Finance Director shall hear and consider any objections or protests to his report. The Finance Director may correct or modify the report as he deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his decision. The Finance Director shall thereupon submit a final report to the City Council for confirmation and shall furnish a copy of such report to the garbage collector. 6.24.220Public Hearing on Liens. The City Council shall conduct a public hearing to consider the Finance Director’s final report at the time and place set forth in Notice described in Section 6.24.200 of this chapter. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or modify any charge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing.If the City Council is satisfied with the final report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto, shall be final and conclusive. 6.24.230Recording of Lien. Upon confirmation by the City Council of the final report, the Finance Director shall cause to be recorded in the Office of the Recorder for Santa Clara County, a lien against each premises described in the report for the amount of delinquent garbage collection service charges and late charges as confirmed by the City Council.The lien shall also include such additional administrative charges as established by resolution of the City Council. All persons to whom notice was sent pursuant to Section 6.24.200 of this chapter shall be notified by the Finance Director that the service charges, charges and administrative charges are due and payable to the City and that said lien has been recorded. 6.24.240Collection of Delinquent Charges as a Special Assessment. The finance director shall initiate proceedings to levy as a special assessment against the premises described in the lien recorded pursuant to Section 6.24.230 of this chapter, the sum of delinquent garbage collection service charges, late charges and administrative charges, plus an assessment charge as established by resolution of the City Council. 6.24.250Report of Delinquent Charges for Special Assessment. A report of delinquent charges shall be prepared by the Finance Director and submitted to the City Council for confirmation. The report shall indicate all charges for which a lien has been recorded pursuant to Section 6.24.230 of this chapter, which remain unpaid as of the date of the report. 6.24.260Levy of Special Assessments. Upon confirmation by the City Council of the Finance Director’s report as rendered or modified, the delinquent charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The Finance Director shall file a copy of the report, together with a certified copy of the resolution by the City Council confirming the same, with the Tax Collector for Santa Clara County with instructions to enter the delinquent charges as special assessments against the respective premises described in the Finance Director’s report.The Tax Collector shall include such special assessment on the next regular bill for secured property taxes sent to the owner. 6.24.270Collection of Special Assessment. The special assessment shall be collected at the same time together with and in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all delinquent charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. 6.24.280Continuing Appropriation Account. There is hereby created in the general fund a continuing appropriation account entitled “Payment of Delinquent Charges For Garbage Collection Service.” This account shall be credited with such sums as may be appropriated by the City Council, all delinquent service charges, late charges and administrative charges collected by the Finance Director, and all amounts remitted by the Tax Collector forSanta Clara County representing special assessments collected pursuant to Section 6.24.270 of this chapter. The delinquent garbage collection service charges and late charges shall be disbursed from said account to the garbage collector promptly upon receipt of such payments. The administrative charges and assessment charges shall be retained by the City. 6.24.290Recycle Centers. The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to operate such centers.The City may contract with the same garbage collector awarded the franchise for garbage collection service or with any other party for the processing and transportation of the recyclable material collected at a recycle center.The City Council may, from time to time by resolution, designate what material shall be deemed recyclable and which may therefore be disposed of by delivery to a recycle center. 6.24.300 Unauthorized Garbage Collection. No person shall collect any garbage,mixed recyclables, or construction and demolition materials from debris boxes, compactors and bin-by-the-day services, produced, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his employment, or has been awarded a franchise by the City to act as garbage collector.The City shall notifyany person or entity violating this section that the prompt and permanent removal of any collection bin, box or container from the place or premises is required. The following situations are exempt from this section: A) Transporting garbage or recyclables that have been generated on the property by the owner of the property or by an individual or entity personally assisting the property owner. B) Collection of recyclable materials which have been source separated from other garbage by the generator and which the generator sells or donates to any other person or organization, or any recyclable materials which have a value equal to or more than the cost of collection. C) Removal of construction, remodeling or demolition debris as part of a total service offered by the contractor, where the removal is performed by an employee of the contractor using equipment owned by the contractor. D) Removal of green waste or plant trimmings by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor. E) Collection of grease wastes from grease bins, grease traps or grease interceptors. F) Collection of horse manure from residences or non-residential properties. G) Collection of hazardous materials. H) Collection of non- hazardous material that is greater than fifty percent (50%) liquid (including septic tank pumpings, and other liquid wastes). 6.24.305Containers Stored in Trash Enclosures. Any person owning, controlling or maintaining any premises within the City which is required to have and maintain trash enclosures as a condition of development or use shall keep all garbage, compostable materials, recycling, and other waste containers within the confines of the trash enclosures at all times except when the containers are being emptied by thegarbage collector.Commercial entities shall use tallow bins for grease waste. Secondary containment for tallow bins and other waste or compostable material containers shall be required by the City if the potential exists for any non-stormwater discharge to the storm drain system or any other waterway that connects to the waters of the State. Failure to properly store discarded materials is subject to citation. 6.24.310Interfering with Garbage Collection Service. No person shall, in any manner, interfere with the performance of garbage collection services beingrendered by an agent or employee of the City acting within the course and scope of his employment, or being rendered by the authorized garbage collector. 6.24.320Unauthorized Use of Garbage Collection Service. No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the garbage collector, any garbage produced from another premises where such action results in the avoidance or reduction of any garbage collection service charges that would otherwise be payable for collection of such garbage from the premises at which it was produced. 6.24.325Rules and Regulations Adopted. The Director of Public Works shall adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chapter, and any franchise, contract or license issued or executed thereunder, including regulations relating to the required frequency of collection from various types of places and premises, and the types of special containers required for certain classes of places and premises. The Director of Public Works shall resolve all disputes concerning the administration of this chapter and any franchise, contract, or license issued or executed thereunder. Any affected person who is dissatisfied with the determination of the Director of Public Works may, within ten days after such decision appeal the same to the City Council. Such appeal must be in writing, filed with the City Clerk, and must set forth the reasons forsuch appeal. Disputes concerning the enforcement of this chapter by an administrative citation issued pursuant to Chapter 1.10 shall be resolved by means of the citation appeal process set forth in that chapter. No violation of this chapter shall be permitted, or be continued, during the time any such appeal is pending. 6.24.330 Violation–Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapters1.10 and 1.12 of this code. Section 2. Statement of Purpose. This Ordinance is intended to revise and re- title Chapter 6.24, the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the City’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology. In the absence of this amendment, Chapter 6.24 would be inconsistent with the new Franchise Agreement and enforcement of the Agreement would be impractical. Section 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date.This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification.The City Clerk shall certify to the passageand adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the _____ day of __________ and ENACTED at a regular meeting of the Cupertino City Council the _____day of __________ 2010 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______ City Clerk Mayor, City of Cupertino ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER16.72 OF THE CUPERTINO MUNICIPAL CODE CLARIFYING AND UPDATING THE REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING TO ENSURE CONSISTENCY WITH AMENDMENTS TO CHAPTER 6.24 AND THE NEW RECOLOGY FRANCHISE AGREEMENT THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1.. Code AmendmentChapter16.72 of the Cupertino Municipal Code is hereby amended to read as follows: Section 16.72.010 Findings of the City Council 16.72.020Definitions 16.72.030Covered Projects 16.72.040 Diversion Requirements 16.72.050 Information Required Before Issuance of Permit 16.72.060Administrative Fee 16.72.070 Reporting 16.72.010 Findings of the City Council. A. Under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills; B.In order to meet these goalsit is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills; and C. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the city and much of this waste is particularly suitable for recycling and reuse; D. The city’s commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste. 16.72.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. 1.“Applicant”means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake construction, demolition, or renovation project within the City. 2. “Construction” means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure. 3. “Construction” and “demolition debris” or “C&D debris” means materialsresulting from the construction, remodeling, or demolition of buildings of other structures. “Construction and demolition debris” includes, but is not limited to,asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. 4. “Covered project” means project meeting the specifications of § 16.72.030of this section. 5.“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. 6. “Director of Public Works” shall be the Director of Public Works and his or her duly authorized agents and representatives. 7.“Divert” means to reuse material so it is not disposed of in a landfill orincinerated. 8. “Diversion requirement” means the diversion of a percentage, as determined from time to time by the Director of Public Works, of the total construction and demolition debris generated by a project via reuse or recycling. 9.“Project” means any activity, which requires an application for a building or demolition permit, or any similar permit from the city. 10.“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 11. “Renovation” means any change, addition, or modification in an existing structure. 12.“Reuse” means further or repeated use of construction or demolition debris. 13.“Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. 14.“Waste Management plan” means a plan, prepared in a form approved by the Director of Public Works, that identifies the amounts of all construction and demolition debris generated by the project, the amounts recycled or diverted, and the intended City-approved salvage, reuse, and recycling facilities. . Copies of supporting documentation shall be required and included as a part of the final construction and demolition debris recycling reporting. 16.72.030 Covered Projects. A. All construction, demolition and renovation projects within the city, which involve the construction, demolition or renovation of 3,000 square feet or more, shall comply with this section. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the Director of Public Works, shall be deemed a single project. B.Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. 16.72.040 Diversion Requirement. A. Applicants for any covered project are required to recycle or divert at least 60% of all generated C&D tonnage from demolition projects to an approved facility or by salvage. B.If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it impossible to comply with the Diversion Requirement, the Applicant shall submit written justification with the Waste Management Plan. The Director of Public Works will determine, in writing, whether any diversion requirements shall be waived in whole or in part on grounds of impracticability or impossibility. 16.72.050 Information Required Before Issuance of Permit. Every applicant shall submit a properly completed "Waste Management Plan" on a form prescribed by the city, as a portion of the building or demolition permit application process for a covered project. The Waste Management Plan shall indicate the following: A. The estimated volume or weight of project construction and demolition debris, by material type, to be generated; B. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; C. The vendor that the applicant proposes to use to haul the materials must be consistent with the franchise currently in effect pursuant to the provisions of Chapter 6.24; D.The facility to which the materials will be hauled will be one approved by the city; E. The estimated volume or weight of construction and demolition debris that will be land- filled. In estimating the volume or weight of materials identified in the waste management plan, the applicant shall use the standardized conversion rates approved by the City for this purpose. Approval of alternative facilities or special salvage or reuse options may be requested of the Director of Public Works. Approval by the Director of Public Works, or designee, of the Waste Management Plan as complying with this chapter shall be a condition precedent to the issuance of any building or demolition permit for a covered project. 16.72.060 Administrative Fee. As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay to the City any requiredapplication fee as set forth in the municipal fee schedule. 16.72.070 Reporting. Within 60 days after the completion of any covered project, the applicant shall submit to the Public Works Department a final completed Waste Management Plan including reporting documentation demonstrating that the applicant has met the diversion requirement for the project. Documentation shall consist of a final completed report in a format prescribed by the City and shall comply with the requirements of this chapter. Copies of all facility weight tickets and/or disposal receipts must be submitted with the report. Failure to comply with the reporting requirement may delay approval of the final inspection or the recovery of any bond or deposit held by the City. Section 2. Statement of Purpose. This Ordinance is intended to clarify and update the requirements for construction and demolition debris recycling to insure consistency with concurrent amendments to Chapter 6.24 and the new Recology Franchise Agreement and also removesthe reference to a “required” administrative fee. Section 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date.This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification.The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the _____ day of __________ and ENACTED at a regular meeting of the Cupertino City Council the _____day of __________ 2010 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______ City Clerk Mayor, City of Cupertino PARKS AND RECREATION DEPARTMENT CITY COUNCIL STAFF REPORT ÿùøùù÷öõ ôô ÿþý üûúûüýþü óýûó öü òüû ñðýñïî îæôå ñð÷ õíìüëøñðûêñéøðñóîîøïóì óëìøîìøèñìçýèèñìýè ñðýñïî îæäå ñð÷ õíìüëøñðûêñéøðñóîîøïóì óëìøîüñçèñìèçèñìýè ñðýñïî îæäå ñð÷ õíìüëøñðûêñéøðñóîîøïóì óëìøîüöèñìèöèñìýè ñðýñïî îæå ñð÷ õíìüëøñðûêñéøðñóîîøïóìüøñð îüñçèñìýèçèñìýè ñðýñïî îæå ñð÷ õíìüëøñðûêñéøðñóîîøïóìüøñð îüöèñìýèöèñìýè ýñïîëëðøã î÷æåõ ñð æçäçå êìæçäçåêì æåêìæåêìçæåóììæå ýñ