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CC 04-03-2012 frp/ ,1.19, st CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, April 3, 2012 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Mark Rod Sinks, and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamations recognizing students who have been awarded the Organization of Special Needs Families (OSF) Recommended Action: Present proclamations Under postponements this item was postponed. 2. Subject: Present check for Japanese Earthquake Relief to Toyokawa Sister City Committee from Sister Cities International and Kaiser Permanente Recommended Action: Make presentation Mayor Santoro presented a check in the amount of $11,350 to Asif Kausar, Chair of the Toyokawa Sister City Committee. Mr. Kausar thanked Council and noted that the committee also raised $28,500 for earthquake relief in Japan. 3. Subject: Proclamation honoring retired City Manager David Knapp Recommended Action: Present proclamation Mayor Santoro presented proclamations from the City of Cupertino, Congressman Mike Honda, Senator Joe Simitian & Senator Paul Fong, and the Santa Clara County Board of Supervisors. He was also presented with a clock from the City. Mr. Knapp said that it has been a pleasure working for this community with its richness of people from all over the world and supreme schools. He said he also appreciated the support April 3, 2012 Cupertino City Council Page 2 of the City Council. He noted this is his 50th year of working full-time and acknowledged the staff as being very talented and dedicated. Mayor Santoro also noted that he was impressed with Mr. Knapp's willingness to learn and try new things, and that he will miss working with him. POSTPONEMENTS Wong moved and Sinks seconded to postpone item number one and table item number 15. The motion carried unanimously. ORAL COMMUNICATIONS Eric Otto introduced students from the Monta Vista High School Government Team class. Srinivasan Srikuman, Karishma Mehrotra, and Dickson Tsai presented a PowerPoint presentation with suggestions for attracting businesses that they believe will help Vallco Mall be more successful. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar with the amendment to item number 4. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 4. Subject: March 20 City Council minutes Recommended Action: Approve minutes Written communication for this item included an amended page five of the draft minutes. 5. Subject: March 27 City Council minutes Recommended Action: Approve minutes 6. Subject: Financial auditor contract Recommended Action: Authorize the City Manager to execute an agreement with Maze and Associates to provide financial auditing services Written communication for this item included a revised agreement for services. 7. Subject: Assembly Bill 1816 Tax Equity Allocation Resolution Recommended Action: Adopt Resolution No. 12-030 Written communication for this item included a draft letter from Mayor Santoro to Assembly Member Cameron Smyth. April 3, 2012 Cupertino City Council , Page 3 8. Subject: League of California Cities "Healthy Eating, Active Living" (HEAL) campaign Recommended Action: Adopt Resolution No. 12-031 endorsing the HEAL program in concept 9. Subject: City Project, 2011 Pavement Maintenance Project, Project No. 2011-04 Recommended Action: Accept Project No. 2011-04 Mayor Santoro reordered the agenda to take up item number 14 next. 14. Subject: Consideration of appointment of Interim City Manager and execution of employment agreement Recommended Action: Authorize the Mayor to execute an employment agreement Wong moved and Mahoney seconded to authorize the mayor to execute an employment agreement with Amy Chan as interim City Manager. The motion carried unanimously. Mayor Santoro also noted that a recruitment firm has been hired to handle the replacement process for a new City Manager. SECOND READING OF ORDINANCES 10. Subject: Public Tree Ordinance amendments Recommended Action: Conduct second reading and adopt Ordinance No. 12-2092 (Attachment A) amending the Cupertino Municipal Code: "An Ordinance of the City Council of the City of Cupertino re-titling and amending Chapter 14.12 pertaining to Public Trees"; and adopt Resolution No. 12-032 updating the Master Tree List Description: Amendment to Chapter 14.12 (Trees) of the Cupertino Municipal Code regarding responsibilities of public tree management, increasing penalties for damaging/removing public trees and meeting requirements to become a Tree City USA Written communications for this item included an amended staff report noting amendments to the redline and clean version of the first reading of the ordinance, and an amended public tree damage or removal fee schedule. Public Works Director Timm Borden reviewed the staff report and noted the minor changes that were made to the draft ordinance. Jennifer Griffin said that when she first moved into the Rancho Rinconada neighborhood, there were more trees. She indicated that many trees were being cut down and the neighbors wanted to keep the trees and that's why they wanted to come into Cupertino. She said she is happy with the street tree department and commended Cupertino for the respect it has for the neighborhoods that want to maintain its trees and populate with more trees. City Attorney Carol Korade discussed the administrative citation process and explained that Council could add an appeal process in the ordinance similar to the administrative citation process. April 3, 2012 Cupertino City Council Page 4 Mahoney moved and Wong seconded to adopt Resolution No. 12-032 updating the master tree list. The motion carried unanimously. Acting City Clerk Grace Schmidt read the title of the ordinance. Chang 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, Sinks, and Wong. Noes: None. Chang moved and Mahoney seconded to enact Ordinance No. 12-2092 with a modification to include language for appeal to the City Manager. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. PUBLIC HEARINGS 11. Subject: Community Development Block Grant (CDBG) funds, Human Service grants and FY2012 Annual Action Plan Recommended Action: Conduct public hearing and continue final approval of the funding allocations and FY 2012 Annual Action Plan to April 17, 2012 to complete the 30 day review period Description: This is the first of two required public hearings regarding use of 2012-13 CDBG funds, Human Service Grants and the FY 2012 Annual Action Plan Written communication for this item included a staff PowerPoint presentation. Senior Planner Vera Gil reviewed the staff report. Mayor Santoro opened the public hearing at 8:03 p.m. Georgia Bacil, said that their non-profit law office provides free legal services to seniors and they target clients who are low-income and at risk of losing their homes. She explained that they provide services to the Cupertino Senior Center. She requested that the funding be restored to its previous level of$9,800. Colleen Hudsen, Live Oak Day Care, stated that they provide adult day care for dependent seniors who are cared for in their homes by family members but need help during the day when family members are at work. Live Oak Day Care provides care in a group setting Monday through Friday from 9:00 am to 3:00 pm, provides breakfast and lunch, and provides a full day of activities. She requested that Council approve full funding for their program. Wanda Hale, Program Manager from Long Term Care Ombudsman Program, thanked Council for its past support. She noted that their organization goes out into nursing homes and assisted living centers to ensure that seniors have a say in their care and that elder care abuse is not happening. She requested that Council approve funding for their program. April 3, 2012 Cupertino City Council Page 5 Sonia Pelia, President of Maitri Transitional Home, thanked Council for its support. She reported that last year they had 19 residents for 2010 and 2011, seven that were from Cupertino in the extremely low-income category and at risk for being homeless. Since last summer when the house was remodeled, the total is now 29. She requested that Council approve funding for their program. Marjorie Rocha, Executive Director of Echo Housing, thanked Council for its past and current support. She said that Echo Housing provides fair housing counseling to residents in Cupertino. She explained that they conducted a fair housing audit in Cupertino last year which found that over half of the landlords discriminated against residents with disabilities who requested reasonable modifications to their home such as lowering sinks so they can enjoy living in the home. She requested that Council approve full funding for their program. Sujatha Venkatraman, representing West Valley Community Services, thanked staff and the Housing Commission for its funding recommendation. She noted that the organization provides comprehensive emergency assistance programs and the below market rate housing program. She said that they partner with other agencies and provide a lot of preventive and outreach services in an effort to catch potential problems before they occur. She stated that they will be holding an affordable housing fair on May 21 and distributed an invitation to their volunteer appreciation event being held on April 18. The mayor closed the public hearing at 8:29 p.m. and the item was continued to May 1, 2012 for a second public hearing. Council recessed from 8:29 p.m. to 8:37 p.m. 12. Subject: Fiscal Year 2012-13 Fee Schedule Recommended Action: Adopt Resolution No. 12-033 Finance Director David Woo reviewed the staff report. Wong moved and Chang seconded to adopt: Resolution No. 12-033 with the following amendments. The motion carried unanimously. • Remove RHS designation for master storm drain area fees for low- density residential • Freeze mobile vendor permit at zero and bring back to Council for further discussion • Lower heritage tree designation to $100 • Remove 40-400 sq feet project size thresholds for private garages from the new construction plan check fees, new construction inspection fees and consolidated schedule of total construction fees tables. In their place, use existing garage fee on the miscellaneous items fee table • Bay window(structural) fee corrected to $799 • Lower adult, weekday daily green golf fees for residents by $1 in order to have a $2 differential from non-residents • Leave massage permit fees temporarily frozen at current levels and bring back a new proposal to Council April 3, 2012 Cupertino City Council Page 6 ORDINANCES AND ACTION ITEMS 13. Subject: McClellan Ranch Master Plan 2012 Update Recommended Action: Approve the Parks and Recreation Commission's recommendations to: 1. Adopt the McClellan Ranch Master Plan 2012 Update; 2. Consider including its priority capital improvement projects in the 2012-17 Capital Improvement Program as appropriate; and 3. Rename McClellan Ranch Park to McClellan Ranch Preserve Written communications for this item included emails from Rhoda Fry and Deborah Jamison, and a staff PowerPoint presentation. Public Works Director Timm Borden reviewed the staff report and read the Master Plan goals. Jennifer Griffin said that it's important for the Simm's property to be called McClellan Ranch West. She gave some history of the Snyder Hammond house and said it would be nice to keep the house on the property, but if it's not occupied it will burn. She stated that she felt it was important to protect the house and possibly bring it to McClellan Ranch Park. Ann Ng, member of the Friends of Stevens Creek Trail but speaking for herself, thanked the City for the trail through McClellan Ranch. She urged Council to approve the revised master plan and rename it McClellan Ranch Preserve. Ms. Ng encouraged Council to consider a trail extension to Linda Vista Park, but believes the neighbors should be informed first. She stated that the Friends would be interested in working with the City on signage and also thanked Debbie Jamison for all she has done with the preserve for so many years. Bob Power, Executive Director for Santa Clara County Audobon Society speaking for Shani Kleinhaus, stated that they are delighted the Parks and Recreation Commission and staff have brought the master plan forward and was in favor of Council approving the staff recommendation. Deborah Jamison offered her historical knowledge of the facts of McClellan Ranch. She said that it was designated as a preserve in 1976 and should be called a preserve. She said she felt that it's not just another park in the City where people can play ball. Ms. Jamison read the mission of McClellan Ranch from 1976 which doesn't permit putting other buildings on it that have nothing to do with the history of the property and felt that adding other structures would destroy the habitat. She also noted that McClellan Ranch West was added after it was purchased in 1990 and by vote of City Council. She urged Council to ask her any historical questions. Helene Davis, acting President of Cupertino Historical Society, stated that the Snyder Hammond house is the oldest house in Cupertino dating back to about 1880. She urged Council to keep an open mind about relocating the house and expressed interest in having the home open to the public. April 3, 2012 Cupertino City Council Page 7 Keith Wandry stated that the house wasn't involved in the whole process and that moving it came up during the last the Parks and Recreation Commission meeting. He expressed concern that McClellan Ranch is a small preserve and putting more structures there would take away from having its own ecosystem. He suggested moving the structures to another part of the City that could be made into an historical and educational area. Donna Austin requested that Council keep the option open to make an historic area around the existing structure of McClellan Ranch. S:he discussed some of the history of the ranch and noted that the Historical Society owns the Snyder Hammond house that was built in 1880. She urged Council to keep an open mind for a future study to create a historic village and move the house to McClellan Ranch so everyone could enjoy it. She also stated that it is possible to move it. City Naturalist at McClellan Ranch Barbara Banfield answered a question on activities at McClellan Ranch and outdoor seating. Council conducted a straw poll and concurred on the following: • Move Environmental Education Center& site plan to tier two • Move blacksmith shop relocation &renovation to tier two • Have assessment of Snyder Hammond home completed by Cupertino Historical Society • Move assessment of McClellan Ranch structures to tier one • Put previous decisions for Simms, Stocklmeir, and McClellan Ranch into one document and bring to Council • Remove possible extension of Stevens Creek Trail to Linda Vista from master plan • Rename McClellan Ranch park to McClellan Ranch Preserve and Simms property as McClellan Ranch West 15. Subject: Consider cancelling the April 17 City Council meeting Recommended Action: Consider cancelling meeting Description: Two Council members may be absent from the meeting Under postponements this item was tabled. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:53 p.m., the meeting was adjourned in memory of Ralph Lindenmeyer, first mayor of Cupertino, CA. Mr. Lindenmeyer passed away last Tuesday, March 20, 2012 at the age of 91. A proclamation will be sent to his surviving family. April 3, 2012 Cupertino City Council Page 8 e-YA-6.6-G-11AA(VLit Grace Schmidt, Acting 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.