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02. Draft MinutesC U P S RT I N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, May 27, 2008 ROLL CALL Council members present: Mayor Dolly Sandoval and Council members Orrin Mahoney, Mark Santoro, Kris Wang, and Gilbert Wong. Council members absent: None. CONSENT CALENDAR Adopt a resolution approving a parcel map, 10121 Pasadena Avenue, Lily Chang, Inc., a California Corporation, APN 357-17-045, Resolution No. 08-069. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. Wang/Mahoney moved and seconded to adopt the resolution approving the parcel map. The motion carried with Council member Wong abstaining. STUDY SESSION 2. Study session on the 2008-2009 budget A. Budget Message City Manager David Knapp gave an overview of the proposed budget, and highlighted information on pages 1-5 of the budget document. He said that for the third consecutive year, the City has a projected positive net operating income after debt service, internal transfers, and before funding of capital projects. He said the City has already seen the benefits of the policies implemented in the Fiscal Strategic Plan beginning in May 2006. Knapp reviewed the audit reports for the three recent fiscal years, and highlighted items in the 2008-09 fiscal year, including abreak-even budget over the next five years while maintaining reserve policy levels. He recommended the following actions consistent with the Fiscal Strategic Plan: ~ Pursue TEA/ERAF legislation to correct inequitable distribution of property tax • Enhance the retail sector through economic development efforts • Update the Utility User Tax ordinance to accommodate current technology z-~ May 27, 2008 Cupertino City Council Page 2 • Approach the Library Joint Powers Authority to identify a revenue stream to keep libraries open seven days per week without City augmentation for excess hours • Explore the sale of a portion of the Simms property to fund Stevens Creek Corridor Park Phase II • Establish a trust fund for Retiree Medical Obligations B. Overview of Budget Administrative Services Director Carol Atwood gave an overview of budget projects for 2007/08 and 2008/09, as well as funded/new programs, unfunded programs, November ballot measures, and the City's reserve policies. Atwood said that this budget includes a new Green Program Environmental Manager, expansion of a half-time position to a full-time position of Human Resource Analyst, a Blackberry Farm coordinator, as well as consulting services for the housing element and the Crossroads plan. Atwood discussed the requested items that have not been funded in the budget, which included additional library fiinding for Monday hours; a second School Resource Officer (SRO); a shortfall in funding for the housing element; funding for Community Development permit processing review, and additional festival funding. She clarified that the second SRO mentioned in the budget document was already funded at the meeting of May 20. C. Departmental Budgets City department heads highligh#ed the changes to their departmental budgets, and Captain Terry Calderone of the Santa Clara County Sheriffs Office reviewed the Law Enforcement budget. D. 5 Year Capital Improvement Program (CIP) Public Works Director Ralph Qualls gave an overview of the CIP program including current and future projects, funding sources and descriptions. E. Questions and Answers E. Public Comments Kathy Stakey discussed the number of Cupertino library visits and checkouts, and urged the City Council to fund Monday hours for the entire year. Debbie Stauffer said she was pleased that the Council would be addressing the matter of the fountains at the Quinlan Community Center and at the Civic Center Plaza, and she recommended an alternative water-play solution at the Plaza until the play fountain was reopened. She also noted that the question of a dog park 2-2 May 27, 2008 3. G. Cupertino City Council Page 3 had been sent to the Parks and Recreation Commission for review, and asked about the procedure for fiinding such a project. Mayor Sandoval explained that if anew project was approved, Council could consider funding at that time or also consider it during their mid-year budget review. Council Comments The City Council members asked for more information on the following items: • The $405,000 estimate to re-roof the Monta Vista Recreation Center • A summary of the City Council and Planning Commission budgets • Information on the proposed community calendar • The scope of the Information Technology storage project • Retiree Medical Actuarial Report regarding trust fiend establishment • A policy on commissionfund-raising, in particular with regard to the Safety Fair • The scope of project for the Crossroads plan • The Community Development budget, specifically the BMR Housing manual, Maitre Transitional Housing, Cleo Avenue appropriation, and review of the Crossroads vs. the Housing Element in terms of sustainability • Economic Development project report • Capital Improvement Project {CIP) PowerPoint presentation • Summary of what the city provides to the schools • Which CIP projects have started and which are pending • A reconciliation of the CIP/Expenditure differences • Anew CIP summary showing projects and funding • More information on the steel building at the yard • Investigate an alternative play option for the civic center plaza • Steps for disaster preparedness reimbursements • Estimates for the Linda Vista ponds CIP, a dog park CIP, and walk to schooUtraffic calming operations • More information on the Simms property Council concurred to receive the report, and discuss these items again at the first of two public hearings on June 2. Review of summer schedule of Council meetings to see if a meeting is necessary. The motion carried unanimously. Malioney%Wang moved and seconded to cancel the July 15 meeting. Wong made a fiiendly amendment to also cancel the meeting of 3uly 1 and have staff check the calendar 2-3 May 27, 2008 Cupertino City Council ORAL COMMUNICATIONS ADJOURNMENT At 9:45 p.m. the meeting was adjourned. Kimberly Smith, City Clerk Page 4 Staff reports, backup materials, and items distributed at the 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/City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at .your convenience on the web site: Visit www.cupertino.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 2-4 C O P E RT I N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, June 2, 2008 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dolly Sandoval 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 Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang (7:00 p.m.) and Gilbert Wong. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS Presentation from students who traveled to Hsinchu Sister City. (No documentation in packet). Students, chaperones, and Sister City organizers discussed the highlights of the recent student delegation to Taiwan and thanked the volunteers who made it happen, as well as the City Council for its support of the program. . 2. Announcement of auction winners in the Library fundraisin eg vent. (No documentation in' packet). Administrative Services Dixector Carol Atwood stated that $250,000 was needed to keep the Cupertino Library open on Mondays, so a fiindraising campaign was launched and was successful in raising community awareness. She thanked the donors of the auction items and events, announced the winners, and stated that $7,100.00 had been raised. Atwood said that fundraising efforts had included tickets far the Broadway production of Chicago, but the producer canceled it. Those who purchased tickets can get a refund, a ticket for a future show, or donate the amount to the library, by contacting the Administrative Services Division. POSTPONEMENTS -None WRITTEN COMMUNICATIONS -None 2-5 June 2, 2008 Cupertino City Council Page 2 ORAL COMMUNICATIONS Rochelle Gaddi, Senior Environmental Health Specialist with the Santa Clara County Health Department gave an update on the fountain at Community Hall. She explained that, although there had been no contamination of Cupertino's fountain, other recreational water facilities throughout the country have had multiple outbreaks of cryptosporidium, including a 2006 outbreak in San Jose. Gaddi explained that traditional water treatment methods such as chlorine were ineffective, and sa the fountains have been shut down until new treatment solutions have been implemented, such as ozone treatment. CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Approve the minutes from the May 19 and 20 City Council meetings. 4. Adopt a resolution accepting Accounts Payable for May 16, Resolution No. 08-070. S. Adopt a resolution accepting Payroll for May 16, Resolution No. 08-071. 6. Accept the Treasurer's Budget Report for Apri12008. 7. Confirm a new member to the Historic Preservation Committee. 8. Adopt a resolution authorizing execution of a Stormwater Management Facility Easement Agreement, Tantau Investments, LLC, a California Limited Liability Company, 10900 Tantau Avenue, APN 316-09-029, Resolution No. 08-072. Through an agreement with the City, the property owners of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. 9. Adopt a resolution authorizing execution of a Stormwater Management Facilities Operation and Maintenance Agreement, Tantau Investments, LLC, a California Limited Liability Company, 10900 Tantau Avenue, APN 316-09-029, Resolution No. 08-073. Through an agreement with the City, the property owners of this commercial development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow~conditions. 2-s June 2, 2008 Cupertino City Council Page 3 10. Adopt a resolution approving a final tract map, Tract No. 9983, Las Palmas, 10855 N. Stelling Road, APN 326-07-037, Stelling Palms of Cupertino, LLC, Resolution No. 08- 074. Approval of the final map permits the map to be forwarded to the County for recording. ITEMS REMOVED FROM THE CONSENT CALENDAR {above) -None PUBLIC HEARINGS 11. Conduct the first of two public hearings on the 2008-09 budget. City Manager David Knapp gave a brief overview of the budget process and highlighted items and positions that had been added since last year. He noted that the City of Sunnyvale has agreed to pay half the costs and share the services of a new "green" programs coordinator. Knapp said that the budget includes funds to address the non-functioning fountains, but there is a shortfall of $120,000 to fund the entire year of Monday hours at the library, so staff will contact the Library Joint Powers Authority to see if there is some way the library can contribute as well. Administrative Services Director Carol Atwood reviewed PowerPoint slides including: General Fund trends, revenues, and operating expenditures; new items in the budget and a list of funded capital improvement projects, including pavement management, Sterling/Barnhart Park; the community hall fountain, and city-wide tennis court resurfacing. She also reviewed a list of CIP programs that were not funded, including Monday hours at the library, permit process review; additional festival funds, and a funding shortfall far the Housing Element. Atwood reviewed the General Fund reserve policy and said that the City is staying consistent with that policy despite a downturn in the economy. She asked the Council members for their input on a number of Fiscal Strategic Plan actions designed to diversify the City's revenue base or reduce costs. Public Works Director Ralph Qualls reviewed the PowerPoint slides summarizing the 2008-2009 Capital Improvement Projects. The following people spoke in favor of funding the library's Monday hours: Eno Schmidt Roy Gilboa Michael Gottwald Hema Kundargi Aaron Schneider Maureen Schneider Emma Schneider Vikram Kanth 2-~ June 2, 2008 Cupertino City Council Page 4 Gladys Maiden Jean Gallup Mary Vernooy {also reopening the Community Hall Fountain) Sonia Maiello {also reopening the Community Hall Fountain, and repair of the bridge over ponds at Linda Vista park. Janet Van Zoeren Melinda Cervantes, Santa Clara County Librarian, discussed the history of library funding cuts and the ballot measures that were an attempt to recover that funding. She said that Measure A support for the libraries passed in 2005, but Measure B, which would have funded Mondays throughout the library system, was not successful. She also explained how the City had been providing financial support for extra hours. Manu Changotra spoke in favor of reopening the Community Hall Fountain. The following individuals spoke in favor of funding the "green" sustainability coordinator: Linda Hagan Seema Mital Tej Kohli The following people spoke in opposition to selling any of the Simms property and/or McClellan Ranch: Deborah Jamison Gail Bower Bob Hirt Rhoda Fry Jana Marquardt Janet Van Zoeren Joanne McFarlin Jennifer Griffin Debbie Lee Dick Weaver Brian Schmidt (via written correspondence) The council members summarized their positions as follows: Kris Wang said that she didn't think the Council ever had any intention of putting the Simms property on the market; she would like to have the library open 7 days a week; she wanted more information on the fountain; and she was in favor of the position of "green" coordinator. Mark Santoro said the council cannot do all of the projects, although they would like to do' so; he hoped to find a way to keep the library open, but it does have its own funding sources; he did not want to sell the Simms property, but felt it needed to be cleaned up, and he was willing to fund that himself if it was okay with the City. Gilbert Wong agreed that the Simms property should be retained and cleaned up. z-a June 2, 2008 Cupertino City Council Page 5 Orrin Mahoney said he thought there would be a way to fund the library hours; he agreed with sharing the "green" coordinator; the fountains should be repaired; and he would like to see along-term vision for how the Simms property will be enhanced. Dolly Sandoval said she was in favor of funding the library so it would be open 7 days; the "green" coordinator is important; she was not interested in selling the Simms property but wanted to see long-term plans, and wondered whether the other Council members would be interested in making it a sort of phase 3 unfunded capital projec# of the Stevens Creek Coxridor Park; the Civic Center fountain should be fixed and the Quinlan Center fountain should be dealt with; and she asked staff to take the other 19 raised at the study session and bring them back to Council in the form of a matrix. This item was continued to the June 17 for the second public hearing on the budget. UNFINISHED BUSINESS -None RECESS 9:26 p.m. - 9:36 p.m. NEW BUSINESS 12. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 08-057, Resolution No. 08-075. Mahoney/Wang moved and seconded to adopt Resolution No. 08-075. The motion carried unanimously. 13. Adopt a resolution authorizing the City Manager to negotiate and execute an encroachment agreement between the City of Cupertino and Omnipoint Communications, Inc. dba T-Mobile, a Delaware corporation, Resolution No. 08-076. Mahoney/Sandoval moved and seconded to adopt Resolution No. 08-076. The motion carried unanimously. Gilbert confirmed with the City Attorney that he could vote on this issue, since it did not go before the Planning Commission while he was serving in that capacity. 14. Adopt a resolution approving a request for semi-rural designation to eliminate sidewalk requirements along San Fernando Court pursuant to Ordinance No. 1925, Resolution No. 08-077. Mahoney/Wong moved and seconded to adopt Resolution No. 08-077. The motion carried unanimously. ~ . 2-9 June 2, 2008 Cupertino City Council Page 6 15. Consider offering an early pre-review option for development proposals and designating the Environmental Review Committee to conduct the early reviews. Jennifer Griffin asked the Council to make sure that the public is aware of these meetings if the City adopts the pre-review option. She also asked if this was a new step, and projects would still go through the Environmental Review Committee and Design Review Committee before coming to the Planning Commission. - Council members discussed the pros and cons of creating a new process, how best to notify the public, and which agency should oversee it. Mayor Dolly Sandoval cautioned that the public might feel this is an attempt to hide part of the process part. Community Development Director Steve Piasecki said that in the proposed "first-look" process, it's very informal, and would just be a general idea without any specific details. If notification is required it makes the process more difficult, and the applicant may feel that the project was judged before the best evidence was put forward. Council members discussed noticing options and whether they should require developers to hire a consultant to run acommunity-focused plan such as the one performed for the South Vallco project. Piasecki said such a plan may be a good option for major developments, since the developer would pay the cost, there would be no noticing requirement to slow down the process, and there would be no perception that the City Council or Planning Commission had committed to any decisions early in the process. City Attorney Charles Kilian reminded the City Council that many years ago it was common practice to have a study session on major projects. After a few years it evolved into the kind of hearing where deals were cut and decisions were made, and there were so many complaints from the public that the practice was discontinued. He explained that it can be very difficult to provide input at an informal hearing without later being accused of having taken an early position and therefore unable to provide a fair and impartial position. He noted that if the discussion took place at a public hearing instead of the study session, there would be no legal problem. Santoro/Wong moved and seconded to refer the matter back to the Planning Commission for a recommendation, with the following parameters: • Trial period of a year • Address the issue of whether noticing should be done • No staff time should be spent on the preview meeting • Which agency should host the preview meeting • Develop a structure for the preview meeting • What triggers preview meeting {such as square footage or number of units} • Also consider having developer-run mandatory public meetings z-~o June 2, 2008 Cupertino City Council Page 7 16. Conduct the first reading of Ordinance No. 08-2028 "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code to remove Shattuck Drive from Chapter 11.27, Permit Parking Zone, Section 11.27.145, Designation of Preferential Parking Zones." The City Clerk read the title of the ordinance. Wong/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Sandoval, and Wang and Wong. Noes: None. ORDINANCES -None STAFF REPORTS 17. Economic Development update. Economic Development Officer Kelly Kline gave a PowerPoint presentation giving an overview of the Economic Development Program structure. She said the key initiatives were to: {1) Facilitate enhancement of Cupertino Square; (2) Facilitate corporate relationships; (3) Enhance the Economic Development Program; (4} Increase retail sales tax; (5} Facilitate development of new retail and enhance existing key retail centers; (6) Explore opportunities to enhance underperforming/outmoded retail centers; (7) Encourage street-front vitality; (8) Partner with the Chamber of Commerce and other business support organizations; (9) Redevelopment Agency projects and functions; and (10) Housing/CDBG programs. Kline showed examples of the quarterly electronic newsletter, the newly developed economic development brochure. 18. Potential delay of pavement maintenance work due to canceling of July Council meetings. The City Council directed staff to schedule all the bids for award on June 17, but have the implementation go into effect in the New Year where necessary. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT 11:42 At 11:42 p.m. the meeting was adjourned Kimberly Smith, City Clerk 2-~~ June 2, 2008 Cupertino City Council Page 8 Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.or~. Click on Agendas & Minutes/City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cu~ertino.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. z-~z