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02. Draft Minutes DRAFf MINUTES CUPERTINO CUPERTINO CITY COUNCIL Regular Adjourned Meeting Thursday, May 10, 2007 ROLL CALL . At 3:00 p.m. Mayor Kris Wang called 'the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok,. and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. ORAL COMMUNICATIONS - None NEW BUSINESS 1. Reject all bids received on May 3, 2007 for the Mary A venue Bicycle Footbridge Phase II Project and authorize the Director of Public Works to repackage the bid documents and re-advertise the project for competitive bids. Public Works Director Ralph Qualls said that the bids had come in much higher than anticipated, and that some of the companies that the city expected to bid on this project dropped out in order to bid on repairs to the Interstate 580 southbound ramp in Oakland (the "MacArthur maze") which was damaged last week. Lowenthal/Kwok moved and seconded to reject all bids and authorize the Director of Public Works to re-advertise the project. The motion carried unanimously. 2. Adopt resolutions regarding City owned property: a) Authorize the City Manager to enter into a sales agreement to sell property on Ontario Dr. in Sunnyvale, APN 323-34-006, Resolution No. 07-079. b) Authorize the City Manager to enter into a sales agreement to sell property on San Juan Rd. in Cupertino, APN 342-17-025 for the asking price or higher, Resolution No. 07-080. Public Works Director Ralph Qualls said that a firm offer for the San Juan property had been made at the listing price of $898,000. He said that since that buyer used the city's broker, the city would pay only 2.5% to the broker instead of 4%, saving roughly $14,000. The city will net approximately $1.62 million after the sale is complete. Qualls explained that the resolutions were required by the title company. 2 -.1 May 1 0, 2007 Cupertino City Council Page 2 Sandoval/Lowenthal moved and ,seconded to. adopt Resolution Nos. 07-079 and 07-080. The motion carried unanimously. TEAM BUILDING SESSION The City Council members discussed the following items: 3. Role of the Mayor Discussion followed regarding whether a discretionary fund should be set aside for a project or projects of the Mayor's choice, and the potential impacts that additional projects could have on the City Manager's ability to fulfill the items in the Council work program. Council asked staff to put the following items in a resolution and bring it before the Council for consideration at a regular meeting: A. If the Mayor's proposed project is within the City Manager's discretionary budget, the decision to spend money is to be made by the City Manager and the Mayor, and the City Manager may escalate the proposal to the City Council when he feels . that is necessary. If the proposal is over the City Manager's budget, it automatically goes to Council for consideration. B. . Council will consider adopting a resolution which would say something along the lines of "there is established a Mayor's initiative budget in the amount of $10,000 (this amount is a "placeholder" for purposes of the budget discussion). The Mayor can make a proposal any time during year as to how to spend that budget, and it will require Council approval and budget appropriations. C. There will be agendized at the December meeting (although it.can be continued) any proposal that the new Mayor plans to make at the State of the City address. Council discussed festival funding and the Sister Cities' budgets. Staffwas asked to send a letter to the Sister Cities organizations reminding them that they must submit a formal request before they can spend their allotted $5,000. Council also discussed the need for a policy regarding the selection of vice-mayor and mayor. Mayor Wang and Council Member Sandoval agreed to work on that policy and bring it back to the City Council for consideration. 2-2 May 10, 2007 Cupertino City Council Page 3 4. Commissioner Protocol Council discussed protocol for city commissioners who are campaigning for office. The Council members agreed that such activity is permissible in public spaces, such as the city hall lobby or plaza, but must be done on the person's own time. Council concurred to add some appropriate wordiJ:!.g to both the commissioner handbook and the candidate handbook which would specify that Council. candidates must speak for themselves and not as commissioners, and that campaigning is not allowed during city meetings. Council members concurred that the Mayor (or the Mayor's designee) has the authority to raise issues of protocol with City commissioners, and that the Mayor may choose to elevate such matters to the entire Council by putting the matter on an agenda for public discussion. 5. Appeal of Administrative Decisions (Cupertino Municipal Code 1.16) Council discussed the need for treating residents consistently, including the notification and appeal processes. The Council members concurred that the City Manager should continue to choose whether to hear appeals of administrative decisions or to delegate that responsibility to other employees. The Council asked staff to bring the following policy change back for fonnal adoption: Encroachment permits shall be noticed to a 500-foot radius, or two houses in each direction, whichever is farther. The notice shall be given 10 days prior to the issuance of the encroachment permit, stating that within "x" days, unless a written complain is received, the permit will be issued. If the problem cannot be resolved in that time, staff will issue the permit and the matter can be appealed to the City Manager. There will be no additional fee for such appeal; instead, the fee will be increased for all encroachment permits to cover the additional noticing costs. 6. Workload Management and Service Requests Discussion followed regarding the importance of completing of the Council's work program on a timely basis, and how the Gity Manager and Council could work together to manage additional service requests. The City Manager described how s~me issues are repeatedly raised, lasting weeks, months, or in some cases even years. Mayor Wang suggested that all Council decisions should be considered final, including its decision on the Scenic Avenue gate and the Sports Center pool, and staff can stop responding to the requests and state that the matter is closed. The City Manager also suggested that when the Council members are approached by residents with questions or complaints, that they listen carefully and then tell the person that the City Manager will be asked to check into it. He said that it would give staff an 2-3 May 10, 2007 Cupertino City Council Page 4 opportunity to find out the rest of the story and check all the facts. He clarified that if any issues are raised that look as if they would be controversial or would affect the city at large, he would bring those to the entire Council for review. The Council members concurred that, rather than creating a specific policy, the City Manager will notify Council when he receives a request for service or information that he will not be able to accomplish without affecting operations or the work program. At that point the City Council can decide whether to reorder the priorities on the work program. Discussion followed regarding how items are placed on the agenda. Council concurred that the City Manager sets the agenda with input from the mayor, but items can also be added at the request of any two council members. 7. Continuances of items on an agenda Council concurred that if it looks as if a project will not be approved, the applicant will be offered the possibility of a continuance. Council also agreed that if a matter is put to the vote, and the vote is split with two votes in favor ,and two votes opposed, the matter is denied and cannot be continued. ADJOURNMENT Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council! Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 2-4 rat CUPERTINO DRAFf MINUTES CUPERTINO CITY. COUNCIL Regular Meeting Tuesday, May 15, 2007 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENT A TIONS 1. Presentation from the Foothill-De Anza College District regarding partnership opportunities and facilities improvements funded by Measure C bonds. (No documentation in packet). Chancellor Martha Kanter distributed a packet of information to the Council members regarding all of the activities the District ,is currently engaged in with the City of Cupertino. She noted that De Anza College is celebrating its. 40th anniversary and the District is celebrating its 50th anniversary in the fall. She invited Council and the community to a lecture on September 20 regarding intergenerationallearning. Kanter, De Anza College President Dr. Brian Murphy, and Vice President of the Foothill - De Anza Board of Trustees Bruce Swenson, made a PowerPoint presentation on different aspects of the colleges, including demographics and Measure C bond renovations and construction. City Manager David Knapp listed the partnership opportunities between the District and the City including: environmental issues; Block Leader program, internships, college bookstore as an economic development opportunity; flea market; possibility of splitting overhead costs for sheriff's services; new revenue sources including an entertainment tax on Flint Center box office tickets for increased library hours; and resolving traffic issues on Stevens Creek Blvd. Council members urged continued partnership with the District, including reducing traffic in environmentally-friendly ways, and working on environmental sustainability, emergency preparedness, and the Historical Society. 2-5 May 15, 2007 Cupertino City Council Page 2 2. Recognize Sheriff's Office efforts of May 4, in dealing with a suspicious package at the Cupertino Post Office. (No documentation in Pa.cket). Mayor Kris Wang presented a proclamation to Captain TerrY Calderone. He noted that it was a cooperative effort of all parties involved, including the Post Office and the City, and provided an opportunity to put their training to work. 3. Proclamation for National Public Works Week in Cupertino, May 20-26. (No documentation in packet). Mayor Wang presented a proclamation to Assistant Public Works Director Glenn Goepfert. 3A. The Mayor added an item regarding a presentation from students returning from Hsinchu. Vice President of the Hsinchu Sister City Association Janice Sung said that the stude~ts enjoyed their trip and learned many things. Students Nicolas Argure, Phillip Lee, Jackie Maslyn, Oliver Chiang, and Andrew Tsin talked about their experiences: 4. E-services presentation regarding On-line Permits. (No documentation in packet). Building Official Greg Casteel demonstrated the on-line permitting and licensing. functionality on the City's web site, and explained that the process could be used to pay permits, check on the status of plans, note the inspections required for a particular permit, request a new inspection, and pay fees for a particular permit. He noted that all of the information is public, but there are passwords that can be added for some security. He said the on-line service saves time so that people don't have to call or come down in person. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items at the meeting: . A letter dated. May 11 from attorney Jeffrey Widman regarding item number. 13, petition for reconsideration . Handout regarding item number 15, retirement benefits ORAL COMMUNICATIONS Deborah Hill read a letter regarding traffic in Cupertino noting that there are too many accidents that occur, especially with bicycles. She encouraged Council to keep the roads safe. 2-6 May 15, 2007 Cupertino City Council Page 3 EJ. Conens reminded people to remember those killed in service to our country on Memorial Day. He also expressed frustration with business signs in, ,Cupertino being in a language other than English. He asked Council to require that non-English signs be smaller. Happy Cohen suggested that, when the flags at the Community Hall are flown at half-mast, a notice is posted explaining the reason and for how long. He also suggested that meeting announcements be posted in the Library. CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: K~ok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 5. Approve the minutes from the May I City Council meeting. 6. Adopt resolutions accepting Accounts Payable for April 27 and May 4, Resolution Nos. 07-081 and 07-082. 7. Adopt a resolution accepting Payroll for May 4, Resolution No. 07-083. 8. Accept the Treasurer's Investment Report for March 2007. 9. Adopt a resolution approving a grant of easement for roadway purposes, Leona Sy and Frederick Ty, 10824 Bubb Road. APN 362-02~028, Resolution No. 07-084. The owner grants the City of Cupertino, for public roadway purposes, the right of way to construct, repair, operate, and maintain any and all public utilities and improvements that shall be or become necessary. 10. Adopt a resolution approving an improvement agreement. Cupertino Homes, LLC, . Jollvrnan Lane/Orline Court, APN(s) 359-22-060, 359-22-061, Resolution No. 07-085. Through an improvement agreement with the City for a single-family development building permit, this applicant will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS - None, UNFINISHED BUSINESS - None NEW BUSINESS 2-7 May 15, 2007 Cupertino City Council Page 4 11. Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Proiect grant funding from the Metropolitan Transportation Commission in the amount of $31,982.00 for the Mary Avenue Bicycle Footbridge. Resolution 07-086. Assistant Public Works Director Glenn Goepfert reviewed the staffreport. KwokILowenthal moved and seconded to adopt Resolution No. 07-086. The motion carried unanimously. 12. Solid waste agreements with Santa Clara County: a) Adopt a resolution to approve the First Amendment to the Agency Agreement for Countywide AB939 Implementation Fee. Resolution 07-087 b) Adopt a resolution to approve the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program, Resolution No. 07- 088 Assistant Public Works Director Glenn Goepfert reviewed the staff report. Mahoney/Lowenthal moved and seconded to adopt Resolution Nos. 07-087 and 07-088. The motion carried unanimously. 13. Consider a Petition for Reconsideration of the City Council's decision to deny the proposed balcony on the west side of the rear elevation, Application Nos. R-2006-08, RM-2006-13, Cli.ff Cowles (Moigani residence), 21180 Grenola Avenue, APN 326-28- 057, Resolution No. 07-089. Senior Planner Aki Snelling reviewed the staff report via a PowerPoint presentation. Mr. Mojgani said that the City should tell them what else must be done in order for them to keep their proposed balcony. He asked how their proposed project was different from similar projects that had been approved. Attorney Jeff Widman said that Cupertino's ordinance is detailed and sets correct policy, but that Council hasn't followed that policy. He said that the goal of the permit requirement is to address privacy protection to the greatest extent while still allowing the outdoor deck. He said that the applicants don't understand what the standards are or the reasonable adjustments that Council wants. He suggested that Council grant reconsideration and have staff work out a new design with the applicants to satisfy the neighbors. Jessica Rose said that Mr. Widman should look at all that has been done since July at both the Planning Commission and City Council meetings. She noted that many suggestions were made about how to change the plans, and the Mojganis had many 2-8 May 15, 2007 Cupertino City Council Page 5 opportunities to follow those suggestions. She urged Council to not grant the reconsideration hearing. Elena Herrera said that there is a lot of documentation showing the City's attempts help to the Mojganis with their plans. She said that it is clear that a permit must be submitted and can be denied. She talked about reasonable mitigation of privacy and said that in all of the Planning Commission and City Council meetings, the landscape requirements were very favorable to the Mojganis, specifying the height and spacing requirements. Deborah Hill urged Council to not continue the project. Mrs. Mojgani said that emails would show the dates that everything was submitted to staff, and that the Planning department was supposed to work with them to provide a proper plan. Director of Community Development Steve Piasecki noted that more time had been spent with these applicants than any other. He noted that Council approved the project so they could begin to build their house and said that they could come back with another application for the balcony, which was denied. City Attorney Charles Kilian noted that building permits couldn't be issued until the petition issue is resolved, and that there is a 90-day statute oflimitation to bring an action in court. He recommended that the petitioners write a letter of assurance to the City that they accept the Council opinion, or wait 90 days to get permits. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 07-089. The motion carried unanimously. 14. Approve the third mid-year budget adjustment for fiscal year 2006/07. Administrative Services Director Carol Atwood reviewed the staff report. Kwok/Lowenthal moved and seconded to approve the mid-year budget adjustment as recommended by staff. The motion carried unanimously. 15. Adopt a resolution of intention to approve an amendment to the contract between the California Public Employees' Retirement System Board of Administration and the City Council of the City of Cupertino, Resolution No. 07-090. Administrative Services Director Carol Atwood reviewed the staff report. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-090. The motion carried unammously. ORDINANCES 2-9 May 15, 2007 Cupertino City Council Page 6 16. Conduct the second reading of Ordinance No. 07-2002: "An Ordinance of the Cupertino City Council amending Section 11.24.170 of the Cupertino Municipal Code Relating to Parking Limitations on Certain Streets, Torre A venue Between a Point 725 Feet North of Pacifica Drive and a Point 680 Feet North of Pacifica Drive, and Between a Point 680 Feet North of Pacifica Drive and a Point 400 Feet North of Pacifica Drive to Provide for Two 20-minute Spaces and Twelve 2-Hour Spaces Between 8:00 a.m. and 5:00 p.m. Monday Through Friday." Lowenthal/Mahoney moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. LowenthallSandovalmoved and seconded to enact Ordinance No. 07-2002. Ayes: Kwok, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Council was in recess from 9:02 p.m. to 9:07 p.m. STAFF REPORTS 17. Consider options with regard to abandoned shopping carts. Community Development Director Steve Piasecki reviewed the staff report via PowerPoint presentation. He noted that a full report would be brought back to Council in three months. Jennifer Griffin said that in San Jose, residents would call a phone number to come retrieve any stray carts. She noted that the residents in Rancho Rinconada are very active in calling the stores directly to come retrieve the carts. She said she the liked the locking wheel mechanism idea, and that making the businesses aware of the problem is also a good idea. She said that the City might be able to provide shopping carts for people without cars at a minimum cost. Lowenthal/Sandoval moved and seconded to accept staWs recommendation. The motion carried unanimously.' . 18. Preview of Parks and Recreation items to be considered in the Capital Improvement Proiects (CIP) budget: a) Quinlan Center fountain replacement b) Sports Center pool replacement c) McClellan Ranch Facility improvements d) Rancho Rinconada neighborhood park Parks and Recreation Director Therese Smith reviewed the staff report and showed a PowerPoint presentation on the fountain and Rancho Rinconada Park, and distributed a handout regarding the Sports Center Pool options. 2 - 10 May 15, 2007 Cupertino City Council Page 7 Jennifer Griffin said that the Parks and Recreation Department had been a delight to work with. She recognized, Pat Bustamante who had worked so hard to make the park happen. She said that the Rancho Rinconada community embraces the park and that it will be a great community asset. Council discussed the need for more options for the Quinlan Center fountain replacement. They made the following comments: there is too much concrete; it is not in the spirit of Memorial Park; ideas included an event area, a nature area, an environmentally friendly area, keep it as a water feature, or repair it. Council also asked staff to bring back the Corridor project budget. . City Manager David Knapp said that the fountains outside the library were currently shut down in so staff could add a component that would kill any harmful organisms. 19. Report on red light running prevention project. (No documentation in packet). Captain Terry Calderone gave a report via a PowerPoint presentation. He outlined the aspects of the new red light running system. Council received the report. 20. Report on Longs Drug Store at the Market Place. (No documentation in packet). Community Development Director Steve Piasecki clarified that the City agrees that the Longs Drug Store is a community asset, but stressed that the City has no power over private businesses opening or closing. Jennifer Griffin said that she uses the Longs frequently, and it would be inconvenient if the store were relocated. She said she resents the removal of the store because it's an anchor store of the Marketplace shopping center. COUNCIL REPORTS Council members highlighted the activities ~f their committees and various community events. ADJOURNMENT At 10:31 p.m. the meeting was adjourned to May 22 for commission interviews of the Audit, Bicycle Pedestrian, Community Development Block Grant, Housing, and Teen Commissions. The meeting will be held in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, at 3:30 p.m. 2 - 11 May 15,2007 Cupertino City Council Page 8 Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes! City Council! Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 2 - 12 lJ CUPERTINO DRAFf MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, May 22, 2007 ROLL CALL At 3:36 p.m. Mayor Kris Wang called the meeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members, Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. ORAL COMMUNICATIONS - None COMMISSION INTERVIEWS 1. Interview applicants for the following vacancies: · Teen Commission · Audit Committee · Bicycle Pedestrian Commission · Community Development Block Grant (CDBG) Committee · Housing Commission The City Council interviewed 23 teens from grades eight through eleven. The following 7 individuals were appointed to 2-year terms: Pranati Sreepathy Anusha Koganti Anandi Somasundaram Pooja Kundargi Soumya Murag Raghav Aggarwal Daniel Pavlovic The following individual was appointed to a I-year term: Mishika V oka The City Council interviewed the following candidates for the Audit Committee: Stanley Stemkoski and Irene Lui. Council appointed Stanley Stemkoski to a partial term ending January 2009. . 2 - 13 May 22, 2007 Cupertino City Council Page 2 The City Council interviewed Donald Armstrong for the Bicycle Pedestrian Commission and the Community Development Block Grant Committee and appointed him to a full term on the Bicycle Pedestrian Commission ending January 2011. . No applications were.submitted for the Housing Commission vacancy. Council directed staff to re-advertise for the remaining vacancies on the Community Development Block Grant Committee and the Housing Commission to remain open until filled. ' ADJOURNMENT At 6:10 the meeting was adjourned to Monday, June 4 at 5:00 p.m. for a budget advisory session, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.Cuperti110.org and click Qn Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 2 - 14