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CC 03-16-10 \ relk// � S'(. 19, CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 16, 2010 ROLL CALL At 6:00 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION — 6:00 p.m. At 6:00 p.m., Council recessed to a closed session to conduct the conference with the real property negotiator. 1. Conference with real property negotiator (Government Code 54956.8): 1. Property: 20410 Town center Lane, Suite 210 Cupertino 2. Agency negotiator: Carol Korade 3. Negotiating parties: City of Cupertino and Cornish & Carey Commercial on behalf of TA Associates Realty 4. Under negotiation: Price and terms of payment Council reconvened in open session at 6:45 p.m. Mayor Kris Wang announced that no action was taken. PLEDGE OF ALLEGIANCE At 6:48 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. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang. Orrin Mahoney, and Mark Santoro. Absent: none Council concurred to take up Ceremonial Matters — Presentations when the presenters and recipients arrived. POSTPONEMENTS - None March 16, 2010 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed an amended staff report for Item No. 20. ORAL COMMUNICATIONS Dennis Whittaker distributed an email of his interview with Gloria Kiefer regarding his experiences in Vietnam during the war. He talked about the sacrifices that men and women are currently making in the armed forces, and asked that Cupertino take the lead in setting an example by having a moment of silence during a Council meeting once or twice a year, at times other than Memorial Day or Veteran's Day. Mayor Wang noted that she would adjourn this meeting in recognition of veterans and those serving oversees. The Lawson Middle School Destination Imagination Team, called The Five Cheeses, Janaye S.. Mansi S., Shivani S., Sanika P., and Tanaya P. gave a PowerPoint presentation regarding declining native plants. They explained that native plants are needed to help reserve water and avoid drought, and are cost efficient over time. They said the community can help by planting native plants and educating their neighbors and friends. They noted that Lawson Middle School is planting an all native garden and the school will have a booth at the Earth Day Festival. They asked if Council could be an example in the community by planting native plants and motivating residents to do the same. Ray Crump asked for information and clarification on the below market rate (BMR) housing program in Cupertino. Specifically, he noted that several of the BMR units have come onto the normal resale market and that there is a disparity of about $600,000 between the control price of the unit and the market price. He said he was concerned about where the money has gone and that it seems the BMR units have been lost from the pool with no replenishment in the near future. The City Attorney responded that three lawsuits are currently in progress and that the City has taken steps to avoid this type of problem again. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 4 and 19 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Adopt resolutions accepting Accounts Payable for February 26 and March 5, Resolution Nos. 10 -045 and 10 -046. 6. Adopt a resolution accepting Payroll for ;March 5, Resolution No. 10 -047. 7. Accept the Treasurer's Investment & Budget. Report for January 2010. 8. Adopt a resolution rescinding Resoluti xi No. 07 -129 and changing the mandatory waiting period before commissioners car apply for the same commission or committee from one to two years, Resolution No. 10 -048. March 16, 2010 Cupertino City Council Page 3 9. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2010 -01 to Professional Turf Maintenance in the amount of $174,420.00 per year. 10. Adopt a resolution accepting a Quitclaim (Deed and Authorization for Underground Water Rights, Pyda Srisuresh and Lakshmi Pyda, 10511 Beardon Drive, APN 326 -30 -177, Resolution No. 10 -049. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 11. Adopt a resolution accepting a Quitclaim :Deed and Authorization for Underground Water Rights, Bernard P. Murphy and Yvonne M. Murphy, 10123 Berkshire Court, APN 342- 12 -104, Resolution No. 10 -050. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 12. Adopt a resolution accepting a Grant of Easement for Storm Drain Purposes, City of Cupertino, 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -051. The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction, repairing, maintaining or replacing said storm drain. 13. Adopt a resolution accepting a Grant of Easement for Fire Department water purposes, City of Cupertino. 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -052. The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction. repairing, maintaining or replacing said Fire Department water. 14. Adopt a resolution approving an Improvement Agreement, Carola V. Elliot, 10128 Lebanon Drive, APN 342 -14 -023, Resolution No. 10 -053. Through the improvement agreement wits the City. the applicant for a building permit for a single family residential development will he obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Carola V. Elliot, 10128 Lebanon Drive, APN 342 -14 -023, Resolution No. 10- 054. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. March 16, 2010 Cupertino City Council Page 4 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Daniel R. Cook and Kelly U. Dao, 10735 Pinole Court, APN 369 -34 -019, Resolution No. 10 -055. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 17. Accept a City Project performed under Contract: 2009 Slurry Seal Project No. 2009 -06, American Asphalt. (No documentation in packet). The City's contractor, American Asphalt, has completed work on the 2009 Slurry Seal Project. The work consisted of roadway surface improvements including placement of slurry seals, cape seals, and chip seals. 18. Adopt a resolution supporting the City of Cupertino's participation in Google's Fiber for Communities request for information, Resolution No. 10 -056. ITEMS REMOVED FROM THE CONSENT 1CALENDAR (above) 4. Approve the minutes from the February 23 and March 2 City Council meetings. Council member Chang noted the following corrections to the February 23 minutes: On page 4 -3, Joyce Eden was asked to send a letter to the Legislative Committee regarding monitoring emissions from the Lehigh kiln; and on page 4 -3, correct the name of the Bay Area Air Quality Management District. Chang also noted the following corrections to the March 2 minutes: On page 4 -6, the postponement section should read, "Wong moved and Mahoney seconded"; and on page 4 -9, Chang's comments should include that the City has other important things to do besides the dog park issue, such as traffic around the schools, solving the problem of overcrowding in the library. and the problem with vacant retail businesses. Chang moved and Mahoney seconded to approve the minutes as amended. The motion carried unanimously. 19. Endorse Their Future is Now!, a partnership between the parent community, the Cupertino Educational Endowment Foundation (CEEF) and the Cupertino Union School District. Their Future is Now! will step in where state funding leaves off to keep our schools academically sound and nationally competitive. Julie Lin explained that the Cupertino Union School District faces a $7.3 million budget shortfall and will lose up to 115 teachers in grade levels K -8 across the District, greatly impacting the students. She said that the campaign seeks to raise $3 million by May 15 and that on the first day of their official launch had already raised $220,000. She noted that the donations came from both parents and leaders in the community. March 16, 2010 Cupertino City Council Page 5 Scott Plautz, CEEF Board member and Chair of the Their Future is Now! campaign, thanked the parent community and asked Council to endorse and support the campaign. For more information go to www.ceefcares.org. Wong moved and Mahoney seconded to endorse the program. The motion carried unanimously. PUBLIC HEARINGS - None UNFINISHED BUSINESS 20. Review and adopt the 2009 -10 City Council work program. Written communications for this item included an amended staff report with the corrected title of "2010 -11 City Council work program." City Manager David Knapp reviewed the work program as it was amended on February 23, and he also reviewed the wish list items that Council discussed on that date. Council discussed the wish list items in more detail to determine which ones should be discussed as a part of the budget, and which ones should be added to the work program. At 8:19 p.m. Mayor Wang interrupted discussion of this item to take up the Ceremonial Matters — Presentations items. CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation to Cupertino High School for their Dell Award. (No documentation in packet). Mayor Wang presented the proclamation to the students in recognition of winning the nationwide Dell Computers Superprom Contest. The students wanted to help students in developing countries who were less fortunate than them and planned to raise 5100,000 to upgrade the Nthimbiri secondary school in Kenya. They pledged to channel their winnings to the school if they won the contest. The students gave a packet to each Council member containing news articles and more information about their mission and the next steps. Fremont Union High School District (FUHSD) Superintendent Polly Bove recognized the teachers who helped with the fundraising campaign. March 16, 2010 Cupertino City Council Page 6 3. Presentation by Polly Bove regarding the State of the District. (No documentation in packet). Fremont Union High School District (FUHSD) Superintendent Polly Bove presented a PowerPoint presentation on the State of the District. She highlighted the following information: students participated in many community and Haiti relief fundraisers; FUHSD is the 3rd highest performing high school district in the state, all five schools are ranked in the top 6 %, 90% of graduating students enter college, 55% go directly to four - year universities, and the average GPA is over 3.0; one student in Cupertino, David Liu, won second prize in the Intel Talent Search; over the last two years the District was $10.7 million short and in order to handle that shortfall, has cut $500,000 by reducing staff costs, all employee groups have frozen compensation, $1 million was cut from adult and community education, and summer school is being reduced. Superintendent Bove distributed information on the, "Please Dcn't Cut That" project and noted that Measure B would be on the upcoming ballot to renew the parcel tax. More information can be found at www.fhsd.or2.. Michael Gottwald asked to not have any education or athletic programs be cut and to vote for Measure B. The City Council received the report, and directed staff to have the Legislative Committee look at Measure B for possible Council support on an upcoming agenda. Council continued with Item No. 20 regarding the work program. UNFINISHED BUSINESS - continued 20. Review and adopt the 2009 -10 Citv Council work program. The City Council continued their discussion about the February 23 wish list items. Jennifer Griffin reported that construction has begun for the Sterling Barnhart Park in the Rancho Rinconada area and said that the neighbors are very excited. She also said that she was pleased to see that the acquisition of the Lawrence Mitty Park is still on the Council work program and hopes that this would be able to happen in the near future. Council concurred to direct staff to amend the work program to include the following wish list items, and place it on the Consent Calendar for adoption. • Review plans for Simms & Stocklmeir and consider including in the CIP • Support the four city task force investigating possible Stevens Creek Trail alignment • Investigate additional parking opportunities around Civic Center • Track status of efforts to encourage walking/biking to school • Look for ways to become more resource efficient March 16, 2010 Cupertino City Council Page 7 The City Council recessed from 9:23 p.m. to 9:38 p.m. NEW BUSINESS 21. Consider a request from the Cupertino Cricket Academy: a. Use of Library Field for a National Women's Cricket Tournament during Spring 2010 b. Conversion of the Cricket pitch at Library Field to a Turf Wicket Pitch Parks and Recreation Director Mark Linder reviewed the staff report. Hemant Buch, from the California Cricket Academy, gave a PowerPoint presentation regarding the objective and benefit of putting in a new cricket pitch. Another gentleman who is a pitch expert answered some of Council's questions. Mahoney moved and Santoro seconded to waive the existing park use policy for the tournament, spend up to $3000 of initial post, and up to $5000 annually to maintain the cricket pitch. Wang offered a friendly amendment to spend $2000 of initial cost and up to S3000 annually for maintenance. Mahoney did not accept the friendly amendment. The motion carried with Council member Chang, voting no. 22. Authorize the City Manager to negotiate And execute the fourth amendment to the lease for 20410 Town Center Lane, Suite 210_, in accordance to the terms of the proposal attached as Exhibit B. City Manager Dave Knapp asked to have Council amend the wording to say, "Authorize the City Manager to negotiate and execute a lease..." Wong moved and Santoro seconded to authorize the City Manager to negotiate the lease using the amended language. The motion carried with Council member Chang voting no. 23. Authorize the City Manager and City Attorney to prepare an ordinance for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012. Administrative Services Director Carol Atwood reviewed the staff report. Tom Hugunin noted that the Cupertino Sanitary District also has an election during the odd - numbered years. He said he was concerned that with the increased voter turnout, candidates would have to increase the ainount of money they are currently allowed to spend. He said he was also concerned about the ability to find enough volunteers with other elections happening at the same time. March 16, 2010 Cupertino City Council Page 8 Keith Murphy said he agreed with the previous speaker and also noted that any referendums or measures might have to go to a special election costing more money. He suggested waiting until the Cupertino Union School District board had made a decision whether to change its election year before paying the one -time $20,000 fee to the County. Mahoney moved and Chang seconded to direct the City Manager and the City Attorney to prepare an ordinance for the second meeting in May for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012. The motion carried with Council member Chang voting no. Cot.ncil member Chang had noted earlier in the discussion that he would like to save money by shortening the term of the current Council and hold an election in 2010 rather than extending the term by a year. He also said that any change the Council makes to the election shouldn't benefit the current Council. ORDINANCES 24. Conduct the second reading of Ordinance No. 10- 2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan." (Continued from March 2). Jennifer Griffin said that it's important for the Stevens Creek Blvd. corridor to have the same look and feel all the way from tie Oaks shopping center to I -280 in Rancho Rinconada. She urged Council to keep the double row of street trees and said she was glad the 35 -foot right -of -way would be ke along Stevens Creek Blvd. Tom Hugunin said that the project looked good to him. Keith Murphy said that future public outreach done for stakeholders should let them use the new tools and education to participate. Council made some minor formatting charlges to page 17, 21, Appendix B, and Appendix C. Mahoney moved and Wong 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. Mahoney moved and Wong seconded to enact Ordinance No. 10 -2055 as amended. Ayes: Chang, Mahoney, Santoro, Wang, and Wcng. Noes: None. STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of the .r committees and various community events. March 16, 2010 Cupertino City Council Page 9 March 16, 2010 Cupertino City Council Page 10 ADJOURNMENT At 12:10 a.m. on Wed., March 17, the meeting was adjourned in recognition of veterans and those serving overseas. c 11/ (Lf Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distril uted at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at v, «v .cupertino.or «. 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 v\ ww.cupertino.or2. 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.