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05. Draft minutesC O P E RT I N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regulaz Meeting Monday, November 3, 2008 ROLL CALL At 7:00 p.m. Mayor Dolly Sandoval called the re;gulaz meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro (7:01 p.m.), Kris Wang and Gilbert Wong;. Absent: none. CLOSED SESSION 1. Closed Session pursuant to Government (ode Section 54956.7 -license application for Jimmy Ching C. Lin. (No documentation in packet). PLEDGE OF ALLEGIANCE At 8:00 p.m. Mayor Dolly Sandoval called the re~~ulaz meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mazk Santoro, Kris Wang and Gilbert Wong. Absent: none. CEREMONIAL MATTERS -PRESENTATIONS 2. Proclamation to the Santa Claza County Library for achieving the No. 2 ranking nationwide in the Hennen's American Public Library Ratings. (No documentation in packet). This item was not discussed, and was continued to the next meeting. 3. Proclamation to Los Altos Gazba~e Cornpanv (LAGCO) regarding Recycle Day. (No documentation in packet). This item was not discussed, and was cont=inued to the next meeting. POSTPONEMENTS s November 3, 2008 Cupertino City Council WRITTEN COMMUNICATIONS Page 2 Mayor Sandoval noted that she had received a letter from the Chairman of the Toyokawa City Council thanking Cupertino for making their 30th anniversary such a success. They sent a special hello to Cupertino's Public Information Officer Rick Kitson. City Clerk Kimberly Smith stated that Council had received additional information from -staff on Item 17. ORAL COMMUNICATIONS -None CONSENT CALENDAR Santoro/Wong moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 9-12, which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 4. Approve the minutes from the October 21 City Council meeting. 5. Adopt resolutions accepting Accounts Payable for October 17 and 24, Resolution Nos. 08-141 and 08-142. 6. Adopt a resolution accepting Payroll for October 17, Resolution No. 08-143. 7. Accept the Treasurer's Budget Report for September 2008. Adopt a resolution expressing the Intent to Vacate a Public Utilities Easement. Arthur Wang and Zuhong Qu, 21988 McClellan Road, APN 356-08-054, Resolution No. 08- 144. The property owners of this lot desire to vacate a public utilities easement, which is not required. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 9. Adopt a resolution approving an improvement agreement, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-145. Through the improvement agreement with the City, the applicant for a building permit for a multi-family residential apartment development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 10. Adopt a resolution authorizing the execution of a maintenance agreement, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-146. ~'- oZ November 3, 2008 Cupertino City Council Page 3 Through an agreement with the City, the property owners of this multi-family residential apaztment development will be required i:o maintain all non-standazd items within the City's right of way. 11. Adopt a resolution accepting a grant of easement for roadway purposes, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-147. The property owners of this multi-famil}~ residential apartment development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 12. Adopt a resolution accepting a grant of easement for sidewalk purposes, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead .Road, APN(s) 326-09-056, 326-09-029, 326-09-a~47, and 326-09-048, Resolution No. 08-148. The property owners of this multi-family residential apartment development agree to grant to the City an easement for public sidewalk purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. Darrel Lum asked for clazification regazd:ing the Villa Serra project. Did the easements for the sidewalk and roadway on Stelling and Homestead ,constitute the landscape parkway and would the city or Villa Serra be maintaining it? Also whose responsibility would it be to see that the conditions of the: maintenance agreement were met? Mr. Lum was advised that Villa Serra would be responsible in both cases. Keith Murphy expressed his concern abotrt the ongoing maintenance of this project and wanted to be sure that the maintenance agreement remained in place. Santoro/along moved and seconded to adopt item Nos. 9-12. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. ~.bstain: None. PUBLIC HEARINGS -None UNFINISHED BUSINESS 13. Receive a report on the Cupertino Americans with Disabilities Act (ADA) Transition Plan. (Continued from October 21). The City Manager presented his report to Council which reaffirmed the city's goal of meeting ADA requirements. He noted that staff would report on the specific fiscal impact of the ADA Transition Plan update with appropriate recommendations during the mid- yeaz budget review. S 3 November 3, 2008 Cupertino City Council Page 4 14. Adopt mid-year budf>_et adiustmentNo. 1. (Continued from Oct. 21). Administrative Services Director Carol Atwood coinniented on recent negative impacts on the city's fiscal status and recommended the following budget adjustments: a $1 million reduction in the total General Fund revenue and the placement of $915,000 in the Economic Uncertainty Reserve. The reduction in the General Fund revenue included a projected $500,000 less in sales tax, $300,000 less in investment earnings and $200,000 less in charges for services. The Economic Uncertainty Reserve was recommended in case the State proceeded with a second take-away of local revenues. Ms. Atwood noted that staff would be bringing back to Council a list of specific areas where expenditures would be reduced to meet the projected loss of revenues. Also included as a budget adjustment was a $6,000 increase to the salary schedule for the Community Development Director's position. This increase was actually $12,802 annually but since this was a mid- year adjustment the proposed increase was $6,000. Ms. Atwood noted that the city's policy was to pay employees a midrange of the County whenever possible and this one position was below that range by approximately $6,000. The following addressed the Council concerning the proposed salary increase: Ruby Elbogen, Tom Hugunin, Ned Britt, Barry Pangrle, Keith Murphy and Barry Chang. They did not believe that in these times of economic uncertainty it was good policy to be increasing salaries. Jennifer Griffin urged Council to proceed cautiously in these difficult economic times. She urged Council not to push aside the many good projects it had already supported such as the acquisition of park land. Ms. Griffin believed such projects were of great importance to the city's future. City Manager Dave Knapp explained that it was his decision to approach the Community Development Director and offer a raise in salary if he would stay on for a year or so, to ease the transition. He explained that the City Attorney, who is retiring in December, and the Community Development Director have the most substantial experience in land use and losing them both at the same time would seriously diminish the City's corporate memory. He also noted that the $12,000 increase is about 2/3 salary and the rest is benefits. Knapp said he also recommended the salary increase in order to remain competitive in future hiring. Council concurred on the Administrative Services Director recommended budget adjustments except for the issue of the salary increase. Council members Santoro, Wang and Wong did not think that in these difficult economic times a salary increase was an appropriate step to take. Mayor Sandoval and Councilmember Mahoney supported the proposed salary increase. Neither wanted to see a transition now in this important department as there would be a substantial impact on ongoing projects. S November 3, 2008 15 16. Cupertino Cit. Council Page 5 Santoro/Mahoney moved and seconded to accept the midyear budget adjustment with the exception of the $6,000 pay increase for the director of community development. Motion carried unanimously. Consider the City Manager and City Attoniey ordinances (Continued from October 21): a) First reading of Ordinance No. 08-2032: "An Ordinance of the City of Cupertino repealing section 2.28.202 and amending section 2.28.040 D relating to the C~ Manager" b) First reading of Ordinance No. 08-2033: "An Ordinance of the City of Cupertino amending section 2.18.040 relating to the City Attorney." Tom Hugunin believed Council should ha~~e more control over these two positions which were critical to the operation of the city. 1~'Ir. Hugunin thought the current ordinance may not go far enough. Barry Chang noted that these were two important positions in the city and the Council majority required to remove either one or hoth should be the same. To require four out of five Councilmembers for one position was unfair. Council discussed various issues pertaining to these two ordinances. These issues included: possible four year contract renewals for both positions, number of Councilmembers required for termination and Council approval of City Manager hires. Mahoney/Wang moved and seconded as follows: 1. Discuss at a future study session a requirement for the majority of city council to terminate either the city attorney and/or the city manager. Also discuss whether, in the city manager ordinance, there should be a requirement that the City Council consent to director-level hires. 2. Continue the city attorney ordinance for first reading to next meeting with changes as described below. (Th~~ City Manager ordinance will come back for Council action after the study session). A. Add a general phrase in the ordinance for both city attorney and city manager that there will be evaluations not less than annually B. In city manager ordinance p l.i-3, add the phrase "including the city attorney and his or her staff' The motion passed unanimously. Consider canceling the City Council meetings of December 16 and/or January 6, 2009. (No documentation in packet). S- November 3, 2008 Cupertino City Council Page 6 Council agreed to meet at 5:05 p.m. on Wednesday, Nov. 5 for a closed session to discuss the hiring of a city attorney and to continue, if necessary, to a date certain after Nov. 13 (when Councilmember Mahoney would be back from Japan). Council also decided to hold their December 16 meeting and to reschedule the Jan. 6 meeting to Jan. 12. Staff was directed to re-notice any hearings that had been noticed for Jan. 6. NEW BUSINESS 17. Consider a Petition for Reconsideration of the City Council's decision to deny an appeal to approve aone-year extension of a tentative pazcel man (TM-2005-03) that expires on July. 26, 2008. The Tentative Map subdivided an approximately 1.0 acre site into two parcels of about 20,000 square feet each in an R1-20 zoning, Application Nos. DIR-2008- 19, John Dozier, 21925 Lindy Lane, APN 356-25-014. The petitioner is Council member Orrin Mahoney. Santoro recused himself because the property is close to his home. Vice-Mayor Mahoney had requested a reconsideration of this Council decision because incomplete information had been provided to the Council at the October 7 meeting. Specifically, Council was incorrectly informed as to whether aningress/egress easement was automatically included in the net lot area for purposes of subdivision. He believed the ambiguity in this application warranted a reconsideration. Community Development Director Steve Piasecki presented background on this project and addressed the issues raised regarding the reconsideration request. He noted conflicts in the city's ordinances for Council's clarification and presented various options for Council action. John Dozier commented that the original map for this subdivision had an east/west alignment and there was enough lot azea for the subdivision. The change to the north south alignment had resulted in the subsequent discussions. The Knopps were agreeable to the east/west alignment. Barry Pangrle believed extraordinary measures had been taken by the city to promote this project. He referred to the petition letter which had been sent to the neighbors and paid for by the city. He also referred to the exceptions which had been made for this project which included street improvements and tree removal. Retaining walls and easement issues were also concerns of the neighbors. However, with the east/west alignment and if the project met all of the city's ordinances Mr. Pangrle believed the neighbors would be in concurrence with this project. He did reiterate the importance of protecting the trees and not allowing any exceptions. S- (p November 3, 2008 Cupertino City Council Page 7 John Knopp stated that he preferred the a:ast/west alignment but staff had recommended the north/south aligiunent. He just wanted to be treated fairly. He had worked with staff and met all of the requirements for this project. Wang/Wong moved and seconded to uphold the Petition for Reconsideration. The motion carried with Mark Santoro absent, and the reconsideration was granted. Mahoney/Wang moved and seconded to tt~ke the following actions. The motion carried unanimously with Councilmember Santoro absent. 1. The tentative map will come back to City Council after Planning Commission review 2. Grant a sufficient extension to accommodate the city review of a new subdivision design 3. Change the subdivision line to an east/west orientation 4. No additional application or noticing fees will be charged to the applicant 5. Require 1000-foot radius notice to the: neighbors ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:08 p.m. the meeting was adjourned to Wednesday, Nov. 5, at 5:05 p.m. in Conference Room C for a closed session to discuss hiring the City Attorney. 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.cuDertino.org. Click on Agendas 8r. Minutes/City Council/ Packets. S- November 3, 2008 Cupertino City Council Page 8 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 Charmel, 777-2364. The City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City CounciL/Redevelopment Agency must be brought within 90 days after a decision rs 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 fsled 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 regarding any item on this agenda will be made available for public inspection in the City Clerk's Offsce Located at City HaLI, 10300 Torre Avenue, during normal business hours. S- ~