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CC 06-19-2012 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 19, 2012 CITY COUNCIL MEETING ROLL CALL At 6:47 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang, and Gilbert Wong. Absent: Rod Sinks. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation presentation to Monta Vista student Sihua Xu for Siemens Scholarship Recommended Action: Presentation to student Mayor Santoro presented a proclamation to Sihua Xu. Ms. Xu thanked her teachers for getting her to be where she is now. 2. Subject: Proclamation to West Valley Community Services and Merlion Restaurant for Taste of Compassion Recommended Action: Present proclamation Mayor Santoro presented proclamations to West Valley Community Services and Merlion Restaurant. Merlion owner William Chang and Manager Becky Chang said that it's wonderful to be able to promote a good cause in the community. Jacqueline de Guzman from West Valley Community Services thanked Merlion for hosting Taste of Compassion. This is a monthly event in which West Valley Community Services partners with a different restaurant in the West Valley city area. Next month's event will be in Los Gatos. 3. Subject: Proclamation to 'Purely Awesome' for their performance at Destination ImagiNation Recommended Action: Present proclamation Mayor Santoro presented a proclamation to the Purely Awesome team members from Lawson Middle School. One of the team members thanked Council, the school, the Team Manager, and the community for all the support. She noted that they raised $2,450 and 58 receiving blankets for their hospital. Tuesday, June 19, 2012 Cupertino City Council Successor to the Redevelopment Agency POSTPONEMENTS -None ORAL COMMUNICATIONS Arlene Goetze said that she is an advocate for toxins against children and spoke out against the Santa Clara County Water Board voting to putting fluoride in the water of all the cities in the County. She distributed articles on tracking fluoride in the National food supply and ethical issues of water fluoridation. She urged Council to find out what its role is in this issue. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 11 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks. 4. Subject: May 30 City Council minutes Recommended Action: Approve minutes 5. Subject: June 4 City Council minutes Recommended Action: Approve minutes Written communications for this item included revised minutes 6. Subject: Accounts Payable for period ending May 25, 2012 Recommended Action: Adopt Resolution No. 12-066 7. Subject: Accounts Payable for period ending June 1, 2012 Recommended Action: Adopt Resolution No. 12-067 8. Subject: Approve destruction of records from Human Resources and Code Enforcement departments Recommended Action: Adopt Resolution No. 12-068 9. Subject: Alcoholic Beverage License, Vikhar Valero, 1699 S De Anza Blvd Recommended Action: Approve application for Off-Sale Beer and Wine (20) 10. Subject: Municipal Improvements, 10566 Santa Lucia Road Recommended Action: Accept Municipal Improvements Description: The work included driveway approach and curb & gutter improvements in the City right-of-way 11. Subject: Collection of the Countywide AB 939 Implementation Fee at $4.10 per ton and consideration of two countywide agreements Tuesday, June 19, 2012 Cupertino City Council Successor to the Redevelopment Agency Recommended Action: a. Adopt Resolution No. 12-061, authorizing execution of the Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015; b. Adopt Resolution No. 12-062, authorizing execution of the Agreement for Countywide Household Hazardous Waste Collection Program for FY 2012-2015 and direct staff to terminate the Agreement effective July 1, 2013 Rob D'Arcy, Hazardous Materials Program Manager for Santa Clara County explained the difference between the implantation fee and the household hazardous waste program. He said that it's important not to strip the funding from the other cities since they all rely on the funding to perform the requirements of the Household Hazardous Waste program. Mahoney moved and Wong seconded to adopt resolution 12-061 authorizing execution of the agreement for Countywide AB 939 implementation fee for FY 2012-2015 and adopt Resolution No. 12-062 authorizing execution of the agreement for Countywide Household Hazardous Waste (HHW) Collection Program for FY 2012-2015, for one year with direction to come back to Council in a year to evaluate our program (Note: the Countywide HHW agreement allows for termination within 30 days notice given by the terminating party) 12. Subject: Authorize the City Manager to execute an agreement between the City of Sunnyvale and the City of Cupertino for industrial wastewater treatment services in Rancho Rinconada Recommended Action: Adopt Resolution No. 12-069 13. Subject: Authorize the City Manager to enter into an agreement extending the current agreement for consultation services with ACI Holdings, Inc. (Apple, Inc.) through September 18, 2012 Recommended Action: Amend the term of the current agreement SECOND READING OF ORDINANCES -None JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR TO THE REDEVELOPMENT AGENCY ROLL CALL At 7:12 p.m., Agency Chair Mark Santoro convened the joint Successor to the Redevelopment Agency meeting. Present: Chair Mark Santoro, Vice Chair Orrin Mahoney, and Successor to the Redevelopment Agency members Barry Chang (7:13 p.m.), and Gilbert Wong. Absent: Rod Sinks. Tuesday, June 19, 2012 Cupertino City Council Successor to the Redevelopment Agency PUBLIC HEARINGS 14. Subject: Annual Public Hearing and Adoption of the Fiscal Year 2012-13 Budget and Establishment of the Appropriation Limit Recommended Action: a. Grant a negative declaration; b. Adopt Resolution No. 12-070 establishing an Operating and Capital Budget for Fiscal Year 2012-13; c. Adopt Resolution No. 12-071 establishing an Appropriation Limit for Fiscal Year 2012-13; d. Adopt Resolution No. 12-02 establishing an Operating Budget for the Successor to the Redevelopment Agency for Fiscal Year 2012-13; e. Approve Budget Timeline Written Communications for this item included emails asking for funding for Deer Hollow Farm and a letter from the Cupertino Chamber of Commerce supporting Cupertino's hotels. Director of Administrative Services Carol Atwood reviewed the staff report. Mayor Santoro opened the public hearing. Gary Latshaw from Deer Hollow Farm asked for$5,000 funding for the Farm. Jennifer Griffin urged funding for Deer Hollow Farm. She said that the Snyder Hammond Home is part of Cupertino's history and asked Council to find a home for the house. She also urged Council to look into purchasing the Lawrence Mitty land which would benefit the Rancho Rinconada area. She asked how the terms of office would be effected if the election were to be changed to even-numbered years. Sue Gale urged Council to continue to support Deer Hollow Farm with $5,000. She noted that 17,000 residents visit every year and 600 elementary students visit from nine schools in Cupertino. She mentioned the amount that other cities and donors provided to the Farm. She also said that many volunteers have given over 5000 hours to the Farm, many volunteers coming from Cupertino. More information is at www.fodhforg. David Denny, Poet Laureate talked about the program. He said he is sponsoring some reading programs and a City-wide poetry contest. He noted that some of his poems were written at Deer Hollow Farm and he supported funding for the Farm. Donna Austin said that Deer Hollow Farm is an asset to Cupertino and urged support. She also asked Council to support local history and to add $5,000 for the Cupertino Historical Society and Museum. Bill Kerr, Board Member of Cupertino Historical Society thanked Council for its previous support and asked for $5,000 funding for this year. Susanna Tsai from the Library Commission thanked Council for its support of Library hours. Tuesday, June 19, 2012 Cupertino City Council Successor to the Redevelopment Agency Ann Stevenson from the Library Commission thanked Council for continued support for the Library. She thanked Council member Wong who is on the Joint Powers Board. She thanked Carol Atwood and Liz Nunez for their past staff liaison support and Nidhi Mathur who is now the staff liaison for the Commission. Mark Fink, Community Librarian for Cupertino thanked Council for its continued support of Library hours. He highlighted some partnerships with the Library, including the Cupertino Historical Society, Cupertino Library Foundation, Friends of the Cupertino Library, City of Cupertino, Cupertino Chamber of Commerce, Cupertino Union School District, Cupertino Library Commission, Silicon Valley Reeds program, Fine Arts League of Cupertino, Japanese American Museum of San Jose, and the PlaneTree Health Communication Center. He added that the additional hours that the City has funded has given flexibility for more programs. Shelley Wolfe, Executive Director of KMTV, urged Council to approve $50,000 for digital equipment which would provide more and better programming for the community and would provide hands-on training. She also noted that their program, "The Better Part" also appreciates Council's efforts. Elizabeth Montgomery from Los Altos said she lives near an entrance to Deer Hollow Farm. She noted that it takes about $500,000 to operate the Farm and every little bit of money raised or generated would help. She asked Council to increase the funding for the Farm if they have the opportunity. She said that they would be happy to arrange a tour of the farm. Mark Matsumoto from the Cupertino Chamber of Commerce noted a letter he had forwarded to Council regarding a recent teleconference meeting and he gave three recommendations from that meeting. First, have someone on staff at the City work aggressively to retain large companies to Cupertino. Second, expand office space in Cupertino. Third, explore opportunities to encourage more leisure stays in Cupertino like sporting events for families. Mayor Santoro closed the public hearing. Wong moved and Mahoney seconded to grant a negative declaration. The motion carried with Sinks absent. Wong moved and Mahoney seconded to adopt Resolution No. 12-070 establishing an Operating and Capital budget for Fiscal Year 2012-13 with a revised change to the proposed budget of$93,200 with the following detail. The motion carried with Sinks absent. • Add $20,000 for solar projects • OPEB Trust okay as proposed • No change to election year • Discontinue lobbyist for ERAF/TEA and revisit in November • Revise Festival Schedule policy and add $3,700 for Happy Kids • No cost added for Snyder/Hammond house Tuesday, June 19, 2012 Cupertino City Council Successor to the Redevelopment Agency • Android app, list of IT projects, IT charge backs, and mobile service improvements information only • Move legal budgets to City Attorney's department • Add $4,500 to Mayor's Fund • Blue Pheasant expenditures, storm drain cost reduction from plastic bag ban, Sports Center fence, and school partnerships information only • No additional funding for Euphrat Museum • Fire service information only • Safe Routes to School revisit at mid-year • Budget documents to Council by First of May and second Council meeting in May replaced by Budget study session • McClellan sidewalk information only • Add $10,000 for Deer Hollow Farm • Add $50,000 for KMTV proposal • Stevens Creek Corridor and CIP schedule change information only • Add $5,000 for Historical Society Council policy direction included: • Consider listing all external requests together and adopt a policy for funding • Consider adopting a policy for festival funding • Provide operating budget detail • Analyze additional Library extra hour costs with Santa Clara County Library and bring back at mid-year • Monitor traffic around schools and bring back at mid-year; Utilize Public Safety and Teen Commissions on Safe Routes to School and WOW • Implement green vehicle policy wherever possible • Budget timeline as proposed by staff to have budget documents to Council by First of May and have the second Council meeting in May be replaced by the Budget study session Wong moved and Mahoney seconded to adopt Resolution No. 12-071 establishing an Appropriation Limit for Fiscal Year 2012-13. The motion carried with Sinks absent. Wong moved and Mahoney seconded to adopt Resolution No. 12-02 establishing an Operating Budget for the Successor to the Redevelopment Agency for Fiscal Year 2012-13. The motion carried with Sinks absent. ORDINANCES AND ACTION ITEMS -None REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. Tuesday, June 19, 2012 Cupertino City Council Successor to the Redevelopment Agency ADJOURNMENT At 10:00 p.m. the meeting was adjourned. GOCOA--SaviL,-..- Grace Schmidt, 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.