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CC 06-21-2011 (1 I 9 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Cupertino City Council & Cupertino Redevelopment Agency — Joint Regular Meeting Tuesday, June 21, 2011 CITY COUNCIL & REDEVELOPMENT AGENCY JOINT MEETING ROLL CALL City Council members present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orin Mahoney. and Kris Wang. Absent: none. CLOSED SESSION 1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiator: Timm Borden; Under negotiation: terms Page: No written materials in packet At 6:00 p.m. Council went into closed session to discuss this item. Council reconvened in open session at 6:45 p.m. Mayor Gilbert Wong announced that Council obtained briefing by real property negotiators. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the joint regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency CEREMONIAL MATTERS — PRESENTATIONS WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted the following written communications: • Comprehensive list of Proposed Budget follow -up items, item number 10 • CIP Status Report, item number 10 (already received) • CIP cover memo staff report, item number 10 • CIP summary, item number 10 • Proposed 5 -year CIP, item number 10 • Proposed 5 -year CIP no change, item number 10 • Staff report regarding printing options for the Cupertino Scene, item number 10 • Email from Andy Huang, Vice Chair of the Public Safety Commission regarding a budget request for the Alert SCC system, item number 10 • Letter from the Mayor of Mountain View regarding funding for Deer Hollow Farm, item number 10 • Email from Debbie Textor at the Cupertino Union School District supporting Linda' s Rios's position in the District, item number 10 • Email from Jan Rindfleisch regarding funding for the Euphrat Museum of Art, item number 10 • Email from Shabbir Nomanbhoy regarding fixing the Linda Vista ponds, item number 10 • Email from Betsy Dougherty supporting a dog park in the City, item number 10 • Email from Suzette Pangrle supporting a dog park in Cupertino, item number 10 • Information from the Cupertino Chamber of Commerce regarding a break -down of services performed and a list of programs partnered with the City, item number 10 • Appeal and test results for Connie Linh Nguyen, item number 11 • Applications of Technology Commission candidates interviewed previously, item number 15 ORAL COMMUNICATIONS Dennis Whittaker said he was concerned about traffic on De Anza and Wolfe Rd. with the new Apple building to house 12,000 employees. He urged Council to plan and negotiate with Apple for decent traffic mitigation when the new building is built. He answered questions from Council. Mayor Wong reordered the agenda to take up item number 16 next. 16. Subject: Consider canceling a meeting(s) in summer Recommended Action: Provide direction to staff Deputy City Clerk Grace Schmidt reviewed the staff report. Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency Jennifer Griffin said she has issues with eliminating story poles in all sloped lots areas in the City and urged Council not to rush the R1 ordinance. She said she doesn't think it will be ready in August and to allow as much time as possible to hear it and to keep that in mind when considering canceling meetings. Mahoney moved and Santoro seconded to cancel the July 19 City Council meeting. The motion carried with Chang voting no. Mayor Wong reordered the agenda to take up the Consent Calendar next. CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Subject: Accounts Payable for period ending May 27, 2011 Recommended Action: Adopt Resolution No. 11 -094 3. Subject: Accounts Payable for period ending June 3, 2011 Recommended Action: Adopt Resolution No. [1-095 4. Subject: Grant of Easement for Roadway Purposes, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29 -036 Recommended Action: Adopt Resolution No. [1-096 Description: The property owner of this residential development agrees 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 5. Subject: Grant of Easement for Roadway Purposes, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Recommended Action: Adopt Resolution No. 11-097 Description: The property owners of this residential 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 6. Subject: Municipal Improvements, Sridhar Obilisetty and Jayanthi Sridhar, 10171 Lebanon Drive, APN 342 -14 -008 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, and underground utilities 7. Subject: Municipal Improvements, Roger Low and Jinling Low, 21988 McClellan Road, APN 356 -08 -027 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk. curb & gutter and driveway approach improvements Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency 8. Subject: Ratify the sale of property located at 10346 Scenic Blvd., Cupertino, California Recommended Action: Adopt Resolution No. 11 -098 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Mayor Wong reordered the agenda to take up Postponements next. POSTPONEMENTS Deputy City Clerk Grace Schmidt said that staff requested a postponement of item number 9 to August 2 and that item number 13 be dropped from the agenda. Public Works Director Timm Borden said that since Council had just taken the action to cancel the July 19 meeting, item number 12 could be dropped from the agenda. He noted that the award of contract for that item would be heard on July 5. Mahoney moved and Santoro seconded to postpone item number 9 to August 2, and drop item numbers 12 and 13 from the agenda. The motion carried unanimously. PUBLIC HEARINGS 9. Subject: Municipal Code Amendment to Chapter 19.28 Recommended Action: Postpone to August 2 Description: Applications: MCA - 2011 -03, EA- 2011 -05; Amendment to Chapter 19.28, R1 Zones to improve readability and consistency and to evaluate the requirements for Sloped Single Family Residential Lots, the 2 -story design review process, public noticing & story poles; Applicant: City of Cupertino; Location: Citywide Under postponements, this item was postponed to August 2. 10. Subject: Conduct public hearing and adopt Fiscal Year 2011 -12 Budget Recommended Action: a. Grant a negative declaration b. Adopt Resolution No. 11 -099 establishing an Operating and Capital Budget for Fiscal Year 2011 -12 c. Adopt Resolution No. 11 -100 establishing an Appropriation Limit for Fiscal Year 2011 -12 d. Adopt Resolution No. 11 -101 establishing an Operating Budget for the Redevelopment Agency for Fiscal Year 2011 -12 Written communications for this item included: • Comprehensive list of Proposed Budget follow -up items • CIP Status Report • CIP cover memo staff report • CIP summary • Proposed 5 -year CIP Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency • Proposed 5 -year CIP no change • Staff report regarding printing options for the Cupertino Scene • Email from Andy Huang, Vice Chair of the Public Safety Commission regarding a budget request for the Alert SCC system • Letter from the Mayor of Mountain View regarding funding for Deer Hollow Farm • Email from Debbie Textor at the Cupertino Union School District supporting Linda's Rios's position in the District • Email from Jan Rindfleisch regarding funding for the Euphrat Museum of Art • Email from Shabbir Nomanbhoy regarding fixing the Linda Vista ponds • Email from Betsy Dougherty supporting a dog park in the City • Email from Suzette Pangrle supporting a dog park in Cupertino • Information from the Cupertino Chamber of Commerce regarding a break -down of services performed and a list of programs partnered with the City Mayor Wong opened the public hearing. Andy Huang spoke on behalf of the Public Safety Commission (PSC) regarding the Alert SCC system. He explained that last October, the PSC initiated an Alert SCC awareness program with the target of doubling the sign -up rate from 2% to 4 %. They ended up with a 6% sign -up rate. The PSC established a more challenging target rate of 12% for 2012. In order to accomplish this rate, he proposed a Citywide Alert SCC awareness program which would focus on the schools. During the fall, students would be encouraged to promote sign - ups within their families, other students, and friends. Monetary prizes would be awarded to classes and students with the greatest sign -up rate, and a grand prize of $1,000 would be given to the school with the greatest sign -up rate. He asked Council for a proposed budget of $15,000 which would be $1,000 per school for the 14 schools and the additional $1,000 as the grand prize money. Jan Rindfleisch asked Council to continue the $15,000 funding for the Euphrat Museum, the same as last year, and encouraged Council to make this an on -going funding every year. She noted that the Euphrat Council would be putting on a live and silent art auction at the Cupertino Community Hall on Friday, June 24. Cupertino Librarian Mark Fink thanked Council for past funding for 10 hours of library service each week and said he looks forward to receiving that same funding for this year. He asked Council to support an additional 6 hours of library service to open at 10:00 a.m. instead of 1:00 p.m. on Mondays and Tuesdays. He also noted that some policy changes would occur on July 1 which would help to increase accessibility of the library for Cupertino residents. Ravi Patherk, Director of the Cupertino Library Foundation, says he sees the future of the Cupertino Library as being the best in the nation and urged Council to consider funding the extra 6 hours for library service. Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency Bev Lenihan, Board member of the Cupertino Library Foundation, asked Council to extend library service another 6 hours in its budget considerations. She answered questions from Council. Donna Austin said that she had noticed people lining up to get into the library in the early mornings before it opened and could see how important it was to have the additional 6 hours of library service. She answered questions from Council. Daniel Nguyen advocated for increased City services for crossing guards, library hours, and to help keep Marsha Hovey on a little longer in order to ease the transition for emergency preparedness. He encouraged Council to support funding for those items. Jennifer Griffin said that her priorities are maintaining street trees and sidewalks and she thanked Council for keeping the Lawrence Mitty Park in the budget for future funding. She also urged Council to promote a positive environment for historical buildings and to add plaques to those places. She also encouraged funding for Deer Hollow Farm. Ann Stevenson, Chair of Library Commission, provided individual input from each of the Commission members regarding increasing the library hours. Vice Chair Adrian Kolb is out of town; Commissioner Tsai was in favor of the extra 6 hours and an increase in the TOT tax; Commissioner Grimes was open to the extra 6 hours and suggested Council asking the Commission to study the proposal and make a recommendation to Council; Commissioner Miller and she were in support of the extra library hours. She thanked Council for the on- going support for the 10 additional hours to keep the library open 7 days a week. Kevin McClelland from the Chamber of Commerce introduced Mark Matsumoto who is heading up the Government Affairs desk at the Chamber. He directed Council's attention to the handout distributed earlier from Mr. Matsumoto regarding material and programs operated through the Chamber on behalf of the City. Mayor Wong closed the public hearing. Council asked questions of Mark Fink and staff. Council recessed from 9:50 p.m. to 10:05 p.m. Council took straw votes on the list of possible items to be added to the Operational and Capital budgets. See chart below: Dollar Budget Item Santoro Mahoney Wang Wong Chang Amount Vote Vote Vote Vote Vote $15,000 Alert SCC E1 0 0 0 0 $125,000 Library 0 Q 0 E 0 Hours Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency Dollar Budget Item Santoro Mahoney Wang Wong Chang Amount Vote Vote Vote Vote Vote $30,000 Crossing 0 0 0 0 Ei Guards $5,000 Holiday 0 0 0 0 0 Decorations $20,000 Lehigh Water 0 0 0 0 0 Quality Study $9,000 Euphrat 0 0 D 0 D Museum $75,000 Linda Vista 0 D 0 0 Ponds $200,000 Additional 0 0 0 0 0 Pavement Management $50,000 McClellan D D 0 D Ranch/Simms Master Plan $250,000 Fenced Dog 0 Park $0 adopted; Lehigh $50,000 Health Study proposed $0 adopted; Our City $10,000 Forest proposed Mahoney moved and Santoro seconded to adopt the Fiscal Year 2011 -12 Budget as recommended with the changes to the Operating and Capital Budgets as noted in the chart above. In order to balance the budget, the assumption was made that the City would receive the COPS grant for $100,000 and that staff should use savings, additional revenues, or reserves discussed such as the $95,680 in savings identified since the proposed budget date, $30,000 from the electric vehicle charging stat:Lon, $150,000 from the Wilson Park irrigation system project, $230,000 from the McClellan Ranch Blacksmith Shop, approximately $1,250,000 home sale proceeds, and property tax and insurance expenses saved because of the home sale . The motion carried with Chang voting no. UNFINISHED BUSINESS - None Council recessed from 11:02 p.m. to 11:08 p.m. Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 11. Subject: Consider the appeal of Code Enforcement's denial of Massage Permit Application No. 11- 000165, Connie Linh Nguyen Recommended Action: Uphold staff's decision to deny Massage Permit Application No. 11- 000165, Connie Linh Nguyen Written communications for this item included an appeal and test results for Connie Linh Nguyen. Code Enforcement Officer Gulu Sakhrani reviewed the staff report. Wang moved and Mahoney seconded to continue the item and contact the appellant to present herself for the appeal hearing. The motion failed with the following vote: Ayes: Wang and Mahoney. Noes: Santoro and Change. Abstain: Wong. Chang moved and Santoro seconded to grant the appeal with the condition that the applicant must have a translator and pay for the cost to retake the exam. The motion carried with Mahoney and Wang voting no. 12. Subject: Award of contract for 2011 Pavement Maintenance Project Recommended Action: Authorize Director of Public Works to award construction contract Description: Staff recommends that Council authorize the Director of Public Works to award the construction contract for the 2011 Pavement Maintenance Project, based on bids to be received June 28, 2011 Under postponements, this item was dropped from the agenda. The award of contract will be heard on July 5. 13. Subject: Terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees Recommended Action: Adopt Resolution No. 11 -102 amending the Unrepresented Compensation Program and Resolution No. 11 -103 amending the Administrative Rules and Regulations of the Personnel Code Under postponements, this item was dropped from the agenda. • Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency 14. Subject: Transient Occupancy Tax ballot measure Recommended Action: Do one of the following;: a. Adopt Resolution No. 11 -104 submitting to the voters at the November 8, 2011 General Municipal Election an ordinance increasing the transient occupancy tax paid by hotel guests from 10% to 12 %; or b. Defer the measure at this time and direct staff to undertake further study and report back with options regarding such a measure at a future election Finance Director David Woo reviewed the staff report. Brian Godbe from Godbe Research gave a PowerPoint presentation on the results of the TOT voter survey. He highlighted research objectives; methodology; initial ballot test; top features of the measure; top messages in support of the measure; and final ballot test including subgroup comparisons. He concluded that the survey found strong voter support for a transient occupancy tax increase measure to maintain and protect general City services and recommended that the City of Cupertino move forward with placing the measure on the November 2011 ballot. He also encouraged a voter information program should Council decide to place a TOT measure on the ballot. Chang moved and Mahoney seconded to adopt Resolution No. 11 -104 to place the measure on the ballot. The motion carried with Wang voting no. 15. Subject: Unscheduled vacancy on Technology, Information, and Communications Commission (TICC) with a term ending January 2015 Recommended Action: Do one of the following: a. Appoint at this meeting one of the previously interviewed candidates; or b. Direct staff to continue advertising to accept additional applications, and schedule an interview date Written communications for this item included applications of TICC candidates interviewed previously. Deputy City Clerk Grace Schmidt reviewed the staff report. Council recessed from 12:15 a.m. to 12:20 a.m. Mahoney moved and Chang seconded to appoint Beverly Siegel to a full term ending January 2015. The motion carried with Wang abstaining. ORDINANCES STAFF REPORTS COUNCIL REPORTS Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency ADJOURNMENT At 12:32 a.m. on Wednesday, July 22, the meeting was adjourned. eAa-O r 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 click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.