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CC 06-09-2010 (Special) 1 !3 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting CUPERTINO REDEVELOPMENT AGENCY Regular Adjcurned Meeting Wednesday, June 9, 2010 ROLL CALL At 6:03 p.m. Mayor Kris Wang called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Council members present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. Redevelopment Agency members present: Chair Kris Wang, Vice -Chair Gilbert Wong, and Agency members, Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION At 6:03 p.m., Council went into closed session: 1. Conference with labor negotiator (Government Code 54957). No documentation in packet: a. Agency negotiator: Carol Atwood b. Employee organization: Operating Engineers Local Union No.3 (OE3) and Cupertino Employee's Association (CEA) This item was discussed at the closed session noticed for 5:55 p. m. 2. Conference with Real Property Negotiator (Government Code 54956.8). No documentation in packet: a. Property: 10800 Torre Avenue, Cupertino, CA b. Negotiator: Terry Greene C. Negotiating parties: City of Cupertino and Streeter and Sons, dba Coffee Society d. Under negotiation: Lease - Price and terms of payment June 9, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency At 6:55 p.m., Council reconvened in open sess :ton. Mayor Wang announced that for item No. 1, Council gave direction to the labor negotiator, and no action was taken. For item No. 2, Council gave direction to staff to the real property negot: ator, and no action was taken. PLEDGE OF ALLEGIANCE Mayor Kris Wang led the Pledge of Allegiance. CEREMONIAL MATTERS — PRESENTAT'IONS 3. Presentation from the De Anza Optirrist Club recognizing the Outstanding Officer in Servicing the Community. (No documentation in packet). This item was postponed to July 20. 4. Proclamation recognizing Relay for Life in Cupertino which honors cancer survivors, educates the general public about the importance of early detection and prevention of cancer, and raises funds in the fight against cancer. (No documentation in packet). Mayor Wang presented a proclamation to Sherry Snow and to a woman representing Relay for Life in Cupertino. 5. Proclamation recognizing Lucille Honi for her many years of service as Chair of the Toyokawa Sister City Committee. (No documentation in packet). Mayor Wang presented a proclamation to Lucille Honig. She also presented a proclamation to Ms. Honig from the Mayor of Toyokawa. Michael Gottwald thanked Ms. Honig for her years of service and said she was a true hero and an inspiration to the residents of Cupertino. Mayor Wang also presented a proclamation Recognizing Chunming Yu for being a prolific member of the artistic community. Mayor Wang also recognized The Five Cheeses group for being the 2010 Destination Imagination global finalists. She showed a picture plaque that the group had sent to Council. 6. Presentation from the Cupertino- Hsinchu Sister City Association regarding the recent student exchange visit to Hsinchu. Janice Sung, President of the Hsinchu Sister City Committee Association, discussed the student exchange visit which occurred :_n April 2010. Shashi Sharma, Language Arts teacher at Kennedy Middle School and Chaperone on the exchange, talked about her experience during the visit. June 9, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency Three students, Casey, Andrew, and Sonia also shared their experiences from the visit. Hsing Kang congratulated Barry Chang upon his election and presented him with a calligraphic picture representing words to live by. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: Item No. 10, 2010 -11 Budget • Council follow -up items, a worksheet showing fund reserve changes, and a staff PowerPoint presentation • Summary of comments from the Parks and Recreation Commission • Negative Declaration for the General Plan conformance with the Five Year Capital Improvements Program • Email from Deputy County Librarian Derek Wolfgram regarding additional library hours • Email from Rhoda Fry requesting funding for the Cupertino Union School District Their Future is Now program and to look for opportunities to save money • Email requesting additional funding for equipment and maintenance of the cricket pitch from Hemant Buch • Email supporting funding for Cupertino schools from Barry Chang, Linda Sell, Ying and Teru park • Email supporting funding for Deer Hollow Farm at Rancho San Antonio from Marilyn Howard • Emails in support of funding for Scenic Circle trail access from Suman Ganapathy, Carol Stanek, and Anne Ng Item No. 11, proposed Mary Avenue Dog Park: • Diagrams of proposed dog park, Alternatives A, B, and C from staff • Emails opposing the location of the dog park from David Coulson, Steve Hu and family, Abhay Baokar, and Xiaoyin Liang Item No. 12, energy savings performance contract with Siemens Building Technologies: • A chart titled Self- Financing vs. Debt Financing, Effect on General Fund Reserves from staff ORAL COMMUNICATIONS - none 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. June 9, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 7. Adopt a resolution accepting Accounts Payable for May 28, Resolution No. 10 -109. 8. Adopt a resolution accepting Payroll for May 28, Resolution No. 10 -110. 9. Adopt a resolution authorizing an application to the State of California for grant funding from the Nature Education Facility Program, Resolution No. 10 -111. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - none Mayor Wang announced that item Nos. 10, 11, and 12 would be discussed concurrently. 10. Receive public comments, discuss, and adopt the 2010 -11 budget a. Grant a Negative declaration b. Adopt a resolution establishing an operating and capital budget for fiscal year 2010 -11, Resolution No. 10 -112 C. Adopt a resolution establishing: an appropriation limit for fiscal year 2010 -11, Resolution No. 10 -113 d. Adopt a resolution establishing an operating buds for the Redevelopment Agency for fiscal year 2010 -11., Resolution No. 10 -01 UNFINISHED BUSINESS 11. Report on the evaluation of the scope alternatives for the proposed Mary Avenue Dog Park 12. Recommend the following actions regZ.rding permanent financing for the energy savings performance contract with Siemens Building Technologies: a. Approve using undesignated General Fund reserves of $1,133,845 to replenish the Economic Uncertainty reserves borrowed for the Siemens project b. Adopt Resolution No. 10 -114 giving the City the option to obtain financing in the future for the project, if conditions warrant C. Amend the Economic Uncertainty I fund reserve policy to authorize that the City Council may approve borrowing up to 10% of the policy level, for a term not to June 9, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency exceed six years, if payback of said reserves can be reasonably estimated and assured Administrative Services Director Carol Atwood reviewed the staff report for item No. 10, and Council asked questions of staff. At 8:35 p.m. Mayor Wang opened the public hearing. Ron Miller from the Cupertino Library Commission said that the commission strongly supports maintaining library hours. Mayor Wang interrupted the public hearing to hear staff report reviews for item Nos. 11 and 12. Parks and Recreation Director Mark Linder reviewed the staff report for item 11 and Finance Director David Woo reviewed the staff report for item 12. At 8:50 p.m. the public hearing recommenced. Donna Austin, past President and current Vice President of Membership for the Cupertino Historical Society, said that she supports funding for the museum displays. She also said she had served on the Stocklmeir Task Force and urged Council to preserve the Stockimeir house and orchard to serve as a backdrop for the Legacy Farm concept. She also said she is on the Library Foundation and urged Council to keep the library hours the same. Kathy Stakey urged Council to fund the library to keep the current hours. She answered questions from Council. Adrian Kolb from the Cupertino Library Commission urged Council to keep the current library hours. Ann Stevenson from the Cupertino Library Commission urged Council to keep the current library hours. She answered questions from Ccuncil. Derek Wolfgram, Deputy County Librarian, responded to a question from Council about transaction -based reimbursement users outside the Cupertino Library system. Susanna Tsai from the Cupertino Library Commission urged Council to keep the current library hours. She noted that Council could use the funds for the proposed dog park to fund the library hours. She answered questions from Council. Jan Rindfleisch from the Euphrat Museum of Art showed slides of art and urged Council to support funding for the museum. She answered questions from Council. June 9, 2010 Cupertino City Council Page 6 Cupertino Redevelopment Agency Jean Gallup said that she is a library volunteer and empties the bins from people who donate materials to the library. She noted that people are very generous in their donations and that the library is in constant use. Darryl Stow, President of the Cupertino Historical Society, urged Council to fund a contract for a new museum exhibit and add funding to continue the work of cataloguing and protecting the current collection. He also urged Council to fund the preservation of at least the exterior of the Stocklmeir property as a good site for a Legacy Farm and urged Council to begin that process in conjunction with the Fremont Union High School District (FUHSD). He answered questions from Council. Jennifer Griffin said that having a parcel tax to support library hours is a good idea. She thanked Council for keeping the Lawrence Mitty Park on the 5 -year plan and noted that residents are excited about the upcoming Sterling Barnhart Park. Tom Dyer, coordinator of the Strategic Stocklmeir Study Team, urged Council to continue support for the Legacy Farm concept and hopefully future build -out. David Villafana, President of the Cupertino ECucation Association, talked about financial issues with the Cupertino Union School District (CUSD) and suggested that the Cupertino Parks and Recreation department work in partnership with the school district for an environmental science program at McClellan Ranch and urged Council to continue funding those programs. He answered questions from Council. Linda Sell said that anything the City can do to partner with the schools would be helpful for the children. Jayaki Goel and Kanaga Lakshmi also urged Council to support the school district in any way they can. Christina Chu noted that she is member of the Their Future is Now! initiative. She thanked Council for its past support and urged Council to partner with the school district. Parks and Recreation Director Mark Linder answered questions from Council. John Tang, San Jose Water Company, talked about the letter of interest that the company sent to the City Manager. He explained that the letter ?resented some options to the City regarding either a lease extension or sale of assets that would allow funding for the Lawrence Mitty Park and other critical Capital Improvement Projects. He answered questions from Council. David Fung clarified that even though the CUSD has schools in other cities, most of the students come from Cupertino. He also noted that as opposed to other cities, some of the budget items the Council is considering could more easily be put aside in the interest of education. At 10:00 p.m. Mayor Wang closed the public hearing. June 9, 2010 Cupertino City Council Page 7 Cupertino Redevelopment Agency Council recessed from 10:00 p.m. to 10:20 p.m. Council began discussing item Nos. 10, 11, and 12. Regarding item No. 12, energy savings performance contract with Siemens Building Technologies, Santoro moved and Wong seconded to approve item "a ", to use undesignated General Fund reserves of $1,133,845 to replenish the Economic Uncertainty reserves borrowed for the Siemens project, but not to approve items "b" or "c ". Mahoney added a friendly amendment to also approve item "b ", to adopt a resolution giving the City the option to obtain financing in the future for the project. The friendly amendment was accepted. The motion carried unanimously. Council continued the discussion on the proposed budget, item No. 10, and the dog park alternatives, item No. 11. Regarding item No. 11, Santoro moved to approve Alternative A and give staff the option of adjusting the location of the dividing fence, to not charge a fee or have key card access, and to remove the requirement for voice control over the dog, contingent upon budget approval. There was no second and Council continued its discussion. Council concurred to add $225,000 for Alternative A and authorized staff to go out for bids including add alternates such as water fountains, site furnishings, and key card access. Contingent upon the $225,000 approval in the proposed budget, item No. 10, the add alternates would be considered by Council with the award of the contract. Council discussed items in the proposed budget, item No. 10. Mahoney moved and Wong seconded, and the motion carried unanimously, to approve the proposed budget including the following items. • Add $25,000 for accessibility or green building consultants • Add $5,000 for Cupertino Historical Society • Add $8,500 for Euphrat Museum • Add $100,000 for Library parking study • Add $50,000 for Legacy Farm to be paid out of the Recreation Fund; add $400,000 in FY 11/12 from the Recreation Fund • Reduce Park and Building Maintenance budget by $100,000 to be identified by staff • Eliminate $100,000 for infrastructure reserve • Use the $29,000 mid -year placeholder to fund the above projects • Eliminate the $250,000 for the sports court • Eliminate $65,000 in Community Hall AV upgrades • Eliminate $275,000 for Linda Vista Park ponds restoration June 9, 2010 Cupertino City Council Page 8 Cupertino Redevelopment Agency • Eliminate $75,000 for the Sports Center tennis court ADA access • Move $50,000 for Stevens Creek tree evaluation from the Capital Improvement Project (CIP) budget and add to the Park and Building Maintenance budget (original amount $535,500) Wong moved and Mahoney seconded to grant a negative declaration. The motion carried unanimously. Wong moved and Mahoney seconded to adopt Resolution No. 10 -112 establishing an operating and capital budget for FY 10 /11 according to the previous vote on the proposed budget approval including the additional items. The motion carr:.ed unanimously. Wong moved and Mahoney seconded to adopt Resolution No. 10 -113 establishing an appropriation limit for FY 10 /11. The motion carried unanimously. Wong moved and Mahoney seconded to adopt Resolution No. 10 -01 establishing an operating budget for the Redevelopment Agency for FY 10/11. The motion carried unanimously. NEW BUSINESS - None ORDINANCES 13. Conduct the second reading of Ordinance No. 10 -2059: "An Ordinance of the City Council of the City of Cupertino approving the prezoning and rezoning of approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of Sunnyvale to pre -R1- 7.5 (Single - Family Residential, 7,500 square feet minimum lot size), and a rezoning of 0.59 acre from Al-43 to RI-7.5 for property located north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 043)" 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 -2059. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. 14. Conduct the second reading of Ordinance No. 10 -2062: "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.86: Housing Commission of the Cupertino Municipal Code expanding the Housing Commission's responsibilities to include Community Development Block Grant (CDBG) oversight. Wong moved and Mahoney seconded tD 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. June 9, 2010 Cupertino City Council Page 9 Cupertino Redev�--lopment Agency Wong moved and Mahoney seconded t� enact Ordinance No. 10 -2062. 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 2:00 a.m. Thursday, June 10, the Redevelopment Agency meeting was adjourned. At 2:00 a.m. Thursday, June 10, the City Council meeting adjourned to Tuesday, July 20 from 3:00 p.m. to 6:00 p.m . for a study session regarding Lehigh air quality, Cupertino Community Hall, 10350 Torre Avenue. The June 9 meeting will replace the regular meeting of June 15. The meeting of July 6 has been cancelled. 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.ora 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.ora 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.