Loading...
07-16-13 Searchable PacketTable of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Study session regarding the possible location of a cell tower at Civic Center Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A - Site Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 B - AT &T Coverage Map . . . . . . . . . . . . . . . . . . . . . 15 C - Verizon Coverage Map . . . . . . . . . . . . . . . . . . . . 18 D - Photosimulation: Tree Pole . . . . . . . . . . . . . . . . . . 19 E - Alternative Design: Pine . . . . . . . . . . . . . . . . . . . . 21 F - Alternative Design: Eucalyptus . . . . . . . . . . . . . . . . 22 G - Alternative Design: Flag Pole . . . . . . . . . . . . . . . . . 23 Proclamation to honor the staff and services of Parks and Recreation department No written materials . . . . . . . . . . . . . . . . . . . . . . . . 24 Approve the June 11 City Council minutes A - Draft Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . 25 Approve the June 18 City Council minutes A - Draft Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . 31 Accept Accounts Payable for period ending June 7, 2013 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 36 Accept Accounts payable for period ending June 14, 2013 A- Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 48 Approve the July 1, 2013 through June 30, 2016 terms and conditions of employment for the Cupertino City Employees' Association, Operating Engineers Local Union No. 3, AFL -CIO, Unrepresented (Management and Confidential) Employees, Appointed Employees and Elected Officials and amending the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU's) and Compensation Programs Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 A - Draft Resolution Adopting MOU with the Cupertino City Employees' Association. . . . . . . . . . . . . . . . . . . . 63 B - Draft Redline Memorandum of Understanding between the City of Cupertino and the Cupertino City Employee's Association . . . . . . . . . . . . . . . . . . . . . . 64 C - Draft Resolution Adopting MOU with the Operating Engineers Local Union No. 3, AFL -CIO . . . . . . . . . . . . . . 89 D - Draft Redline Memorandum of Understanding between City of Cupertino and Operating Engineers Local Union No. 3, AFL -CIO. . . . . . . . . . . . . . . . . . . . 91 E - Draft Resolution amending the Unrepresented Employees' Compensation Program . . . . . . . . . . . . . . . 136 F - Draft Redline Unrepresented Employees' Compensation Program . . . . . . . . . . . . . . . . . . . . . . 137 G - Draft Resolution Amending the Appointed Employees Compensation Program. . . . . . . . . . . . . . . . 167 1 H -Draft Redline Appointed Employees' Compensation Program . .168 1 -Draft Resolution establishing the Elected Officials Compensation Program . .193 J -Draft establishing the Elected Officials Compensation Program . .194 K -Draft Redline amending Administrative Rules and Regulations of the Personnel Code . .214 Approve enhancements to the Employee Wellness Program Staff Report . .285 A - Wellness Program Component by Fiscal Year .287 Review the Proposed Memorandum of Agreement between the City of Cupertino (City) and Cupertino Union School District (CUSD) regarding the Faria and Collins Schools' ball fields Staff Report . .289 A - Exhibit A CUSD Letter. .291 B - Exhibit B CUSD Proposed Memo of Agrmt .292 2013 Pavement Maintenance Project —Phase I, authority to award construction contract Staff Report . .297 A -List of Streets to Receive Phase I Pavement Maintenance Treatment - 2013. .298 Saich Way Station site plan modifications to a previously approved Development Permit, Architectural and Site Permit and a Tree Removal Permit Staff Report . .300 A - DP- 2012 -05 draft City Council resolution .307 B - ASA- 2012 -13 draft City Council resolution .326 C - TR- 2012 -41 draft City Council resolution .331 D -City Council Resolution 13 -015 (file no. DP -2012- 05). ............................335 E -City Council Resolution 13 -016 (file no. ASA -2012- 13). ............................363 F -City Council Resolution 13 -017 (file no. TR- 2012 -41) . .371 G - Revised site plan, elevations, and conceptual grading and drainage plan. .377 H - Originally approved site plan, elevations, and conceptual grading and drainage plan .383 1 -Site plan presented to the City Council on February 195 2013. .389 Amendment of an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction management on various projects Staff Report . .390 A -Draft Amendment to the Agreement. .393 B - Executed Agreement .447 Hearing to approve assessment of fees for annual weed abatement program (private parcels) Staff Report . .477 RAI A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 479 B - Exhibit A Assessment Report . . . . . . . . . . . . . . . . . 481 Consideration of an ordinance rescinding and reenacting Cupertino Municipal Code Chapter 14.08 regarding obstruction and encroachments into City rights -of -way Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482 A - Draft Ordinance . . . . . . . . . . . . . . . . . . . . . . . . 484 B - Existing Ordinance Proposed for Rescinding . . . . . . . . . 503 3 AGENDA CUPERTINO CITY COUNCIL ~ SPECIAL MEETING SUCCESSOR TO THE REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, July 16, 2013 5:30 PM CITY COUNCIL MEETING ROLL CALL — 5:30 PM STUDY SESSION 1. Subject: Study session regarding the possible location of a cell tower at Civic Center Recommended Action: Receive report and provide direction to staff Description: Staff Report A - Site Map B - AT&T Coverage Map C - Verizon Coverage Map D - Photosimulation: Tree Pole E - Alternative Design: Pine F - Alternative Design: Eucalyptus G - Alternative Design: Flag Pole Pa :11 PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL 2 Tuesday, July 16, 2013 Cupertino City Council Successor to the Redevelopment Agency CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Proclamation to honor the staff and services of Parks and Recreation department Recommended Action: Present proclamation No written materials Pa e: No written materials POSTPONEMENTS ORAL COMMUNICATIONS 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. CONSENT CALENDAR Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the June 11 City Council minutes Recommended Action: Approve minutes A -Draft Minutes Pa e:25 4. Subject: Approve the June 18 City Council minutes Recommended Action: Approve minutes A -Draft Minutes Pa :31 5. Subject: Accept Accounts Payable for period ending June 7, 2013 Recommended Action: Adopt Resolution No. 13 -057 accepting Accounts Payable for period ending June 7, 2013 A -Draft Resolution Pa e:36 5 Tuesday, July 16, 2013 Cupertino City Council Successor to the Redevelopment Agency 6. Subject: Accept Accounts payable for period ending June 14, 2013 Recommended Action: Adopt Resolution No. 13 -058 accepting Accounts Payable for period ending June 14, 2013 A- Draft Resolution Pa e:48 7. Subject: Approve the July 1, 2013 through June 30, 2016 terms and conditions of employment for the Cupertino City Employees' Association, Operating Engineers Local Union No. 3, AFL -CIO, Unrepresented (Management and Confidential) Employees, Appointed Employees and Elected Officials and amending the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOD's) and Compensation Programs Recommended Action: a) Adopt Resolution No. 13 -059 adopting the Memorandum of Understanding between the City of Cupertino and the City Employees' Association; b) Adopt Resolution No. 13 -060 adopting a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL -CIO; c) Adopt Resolution No. 13 -061 amending the Unrepresented (Management and Confidential) Employees' Compensation Program; d) Adopt Resolution No. 13 -062 amending the Appointed Employees' Compensation Program; e)Adopt Resolution No. 13 -063 establishing the Elected Officials Compensation Program Staff Report A - Draft Resolution Adopting MOU with the Cupertino City Employees' A ccnri n fi nn B - Draft Redline Memorandum of Understanding between the City of Cupertino and the Cupertino City Employee's Association C - Draft Resolution Adopting MOU with the Operating Engineers Local Union No. 3, AFL -CIO D - Draft Redline Memorandum of Understanding between City of Cupertino and Operating Engineers Local Union No. 3, AFL -CIO E - Draft Resolution amending the Unrepresented Employees' Compensation Program F - Draft Redline Unrepresented Employees' Compensation Program G - Draft Resolution Amending the Appointed Employees Compensation Program H - Draft Redline Appointed Employees' Compensation Program I - Draft Resolution establishing the Elected Officials Compensation Program I - Draft establishing the Elected Officials Compensation Program K - Draft Redline amending Administrative Rules and Regulations of the Personnel Code Pa e:60 0 Tuesday, July 16, 2013 Cupertino City Council Successor to the Redevelopment Agency 8. Subject: Approve enhancements to the Employee Wellness Program Recommended Action: Approve Proposed Enhancements to the Employee Wellness Program Staff Report A - Wellness Program Component by Fiscal Year Pa e:285 9. Subject: Review the Proposed Memorandum of Agreement between the City of Cupertino (City) and Cupertino Union School District (CUSD) regarding the Faria and Collins Schools' ball fields Recommended Action: Adopt the Proposed Memorandum of Agreement Staff Report A - Exhibit A CUSD Letter B - Exhibit B CUSD Proposed Memo of Agrmt Pa e:289 10. Subject: 2013 Pavement Maintenance Project — Phase I, authority to award construction contract Recommended Action: Authorize the City Manager to award the construction contract if the bids are within the established budget and there are no unresolved bid protests Staff Report A - List of Streets to Receive Phase I Pavement Maintenance Treatment - 2013 Pa e: 297 SECOND READING OF ORDINANCES PUBLIC HEARINGS 11. Subject: Saich Way Station site plan modifications to a previously approved Development Permit, Architectural and Site Permit and a Tree Removal Permit Recommended Action: Approve site plan modifications to the previously approved EA- 2012 -09: A. Adopt Resolution No. 13 -048 approving modifications to DP -2012- 05; B. Adopt Resolution No. 13 -049 approving modifications to ASA- 2012 -13; C. Adopt Resolution No. 13 -050 approving modifications to TR- 2012 -41 7 Tuesday, July 16, 2013 Cupertino City Council Successor to the Redevelopment Agency Description: Application No(s): DP- 2012 -05, ASA- 2012 -13, TR- 2012 -41 (EA- 2012 -09); Applicant(s): Borelli Investments; Location: 20803 Stevens Creek Blvd, 10033 -10095 Saich Way; Site Modifications to a previously approved Development Permit to allow the demolition of 11,610 square feet of existing commercial space and the construction of 15,650 square feet of new commercial space consisting of two new commercial building pads, 7,000 square feet and 8,650 square feet respectively; Site Modifications to a previously approved Architectural and Site Permit to allow the demolition of 11,610 square feet of existing commercial space and the construction of 15,650 square feet of new commercial space consisting of two new commercial building pads and associated site improvements; Site Modifications to a previously approved Tree Removal Permit to allow the removal and replacement of 13 trees in conjunction with a proposed development project Staff Report A - DP- 2012 -05 draft City Council resolution B - ASA- 2012 -13 draft City Council resolution C - TR- 2012 -41 draft City Council resolution D - City Council Resolution 13 -015 (file no. DP- 2012 -05� E - City Council Resolution 13 -016 (file no. ASA- 2012 -13� F - City Council Resolution 13 -017 (file no. TR- 2012 G - Revised site plan, elevations, and conceptual grading and drainage plan H - Originally approved site plan, elevations, and conceptual grading and drainage lan I - Site plan presented to the City Council on February 19, 2013 Pa e: 300 ORDINANCES AND ACTION ITEMS 12. Subject: Amendment of an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction management on various projects Recommended Action: Approve an Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company in the amount of $1,134,000.00 for a term of approximately 20 months, from the date of execution through March 31, 2015 Staff Report A - Draft Amendment to the Agreement B - Executed Agreement Pa e: 390 0 Tuesday, July 16, 2013 Cupertino City Council Successor to the Redevelopment Agency 13. Subject: Hearing to approve assessment of fees for annual weed abatement program (private parcels) Recommended Action: Conduct hearing and adopt Resolution No. 13 -064 approving the assessment of fees for the annual weed abatement program (private parcels) Staff Report A -Draft Resolution B - Exhibit A Assessment Report Pa e: 477 14. Subject: Consideration of an ordinance rescinding and reenacting Cupertino Municipal Code Chapter 14.08 regarding obstruction and encroachments into City rights-of-way Recommended Action: Conduct the first reading of Ordinance No. 13 -2110: "An Ordinance of the City Council of the City of Cupertino rescinding and readopting Cupertino Municipal Code Chapter 14.08 (Encroachments and use of City Rights -of- Way)" Staff Report A - Draft Ordinance B - Existing Ordinance Proposed for Rescinding Pa e: 482 REPORTS BY COUNCIL AND STAFF ADJOURNMENT The August 6 meeting has been canceled. The next regular meeting is August 20. 0 Tuesday, July 16, 2013 Cupertino City Council Successor to the Redevelopment Agency SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council /Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http : / /www.cupertino.org /index.aspx ?page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 10 MJ4A OFFICE OF PUBLIC AFFAIRS CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3212 • FAX (408) 777 -3366 CITY COUNCIL STAFF REPORT Meeting: luly 16, 2013 Subject Study Session for a potential application to allow a new personal wireless service facility consisting of up to 6 panel antennas on a co- locatable 75 foot (max.) stealth mono -tree pole and associated equipment, enclosures, and site improvements at the Civic Center. Project Proponents: City of Cupertino, AT &T, and Verizon Location: 10300 Torre Avenue (APN 369 -31 -033) Recommended Action Staff recommends that the City Council review the conceptual proposal, provide comments and direction, and authorize the City Manager to negotiate an agreement for subsequent City Council approval. Background For the last three years, the City Council has had as part of its work program a priority of improving cellular coverage and capacity in the Civic Center area. This cell antenna placement is specifically intended to address that Council priority. It is requested that the City Council to provide input on the feasibility of the proposal. A formal development application has not been submitted. Staff seeks Council direction on major conceptual issues including: • Whether the proposed personal service wireless facility is a good use of City property and desirable at this location; • Whether the aesthetics /appearance as a stealth tree (as opposed to alternative options) and associated equipment is compatible with preferred site location; and • Whether the potential removal and replacement of trees to accommodate the facility is acceptable. If and when the project proponent decides to formally submit an application, the project will be processed in accordance with appropriate City procedures, which 11 will include public hearings by the Environmental Review Committee, Planning Commission, and City Council. The project will require: 1. Use Permit; 2. Architectural and Site Approval; 3. Height Exception to allow the antennas of a new personal service facility to be mounted at a height above 55' 4. Lease Agreement; 5. Tree Removal Permit; and 6. Environmental Review ni ct-i i cci cin A. Background The City of Cupertino, AT&T and Verizon are seeking to improve cellular coverage at City Hall to support emergency services and customers. As the Civic Center serves as a base of operations in emergency situations, the multitude of emergency service personnel using cellular services during a crisis or incident, overwhelm existing facility capacities. To preemptively address the emergency service needs of service personnel, we are asking the City Council to evaluate the feasibility of a stealth facility located at the Civic Center. B. Location The recommended location for the proposed stealth tree is north of the Civic Center parking lot, east of Torre Avenue, south of Rodrigues, and west of Regnart Creek. City staff evaluated several locations before identifying the preferred location. Alternative locations considered were not selected as the preferred approach due to increased visibility, decreased rf (radio frequency) coverage, encroachment into required setbacks and, in consideration of rooftop facility on the Library building, structural support concerns. An exhibit indicating preliminary locations considered is attached. C. Aesthetics The recommendeded design of the facility is a stealth tree of an indeterminate species to blend into the existing canopy to the greatest extent possible. As the facility is in the preliminary design phases, the ultimate height, equipment, and aesthetics are yet to be determined. At this time, staff is seeking direction from City 12 Council on the overall feasibility, and if desired aesthetic approach would be for a stealth tree, or an alternative design such as a slim line flag pole. An unrefined simulation of a tree pole is attached. Prepared bv: Rick Kitson, Public Affairs Director Approved for Submission bv: David Brandt, City Manager Attachments: A - Site Map B - AT&T Coverage Map C - Verizon Coverage Map D - Photosimulation: Tree Pole E - Alternative Design: Pine F - Alternative Design: Eucalyptus G - Alternative Design: Flag Pole 13 ' t1 ti ti• I • r- 9L L olp' L IL 1• 4. % 1 1 1 i • 1 it _ 1 - 91 •7r J i 7 L - • =%Amrti — ' 1 MW ■ ~ lhR 1 P. 1 % • • 96 f L• ' ' i Y 1 ti •r = T ` _ 1 J _ ti I L♦ I ,� r.. 1 � - 1 1 9L, F Y 1 _ 1 ti. 7 11 •• �. 1 I I + 1 CL; 'IL . + • 1. fi a i i . �� ti * _ 7 + , r _1% r -W% �+ IL Pl.qL L T %• L lit 1 gr 1- + -b iz. • . R { }i F t� i L _ %' � a t ti 1 15 Existing UMTS 850 Coverage Wool' In-Building Service In Transit Service Outdoor Service MENW. m a Proposed UMTS 850 Coverage - 10800 Torre Ave Cupertino@ (Rr = 60ft) lip at &t 17 n� nW' W U U) A.-a C/) C� N Q O O O O U 7 r' 7)P a' ) ) bog 0 I i1 lop 1D r L • a L��lliW 1' it �I ilm ■ ps r:>>1 t WK-F Em . — on F ' N • IN • a 0% NO NO 0 Owl NO af, _ ■ 1% 0 • 06 0 0 NO ON - 1 . 1 - El' ? 1 - pp 0 . r N NO �r ■ ON Ell �, 7 ' 1 =I 0 0 L NON 6 0 0 NO y 1 i Ir L.; wr Lb Mill m NO 0 O ■ IN OL 10 - IL q 0 * . , 1 4a ■ 7 I r ■ 0 .11 , ■ - , ■ - ro 0 NNE 1-INIIIIIIE. NN L 0 1 71 .4 NON W.L ON ■ 1 Ni : 0 1 a 0 14 ON _ NO or NO - ME 0 t&. .' ON111 -- r ■' ■.tip ,' ■ : ■ ■''■ i 1 ■, f 7 - ,. , , - . ■■ `� _ ■r, 0 _ _ .7 0 r ON Illm �' NONNI , ' � 1_ • NO r "k ' ■ ' - 1r ' .a :rJ69 ■ ■ 0 Illm NO L m -m i -ti ■ '■ . ■ ■ ■ ■■ ■ 1� , ■ ■ %I■ - . - ■ J , ■ 1 IN 0 •�1 7 ■ 111N 0 • • 0a ON 0 • ■ , L , - r ■ ' ■ r, ■� ■ 7 ■■ ' Am■ ■ — i f al , IJ r - ■ 1 ■ - "■ - Y - 1 a _ ■ r - � y . 1. r � 1 '1 i- r 0 ON mir 1- �■ Ir ■ 7 _ 1 � 1 •x'11 �' � 7 1 Q L :r NO ■ ■■- - 1. , - EI ON ON ■ 0 9 . ■ T ■ i T NO ■ ■ J ■ ■ 1EN 1 1 z � ■ brr 1 J l f •� �1�•1 �06 . .i }� i' ti CITY COUNCIL STAFF REPORT Meeting: July 16, 2013 Subject: Proclamation to honor the staff and services of Parks and Recreation NO WRITTEN MATERIALS IN PACKET 24 ■ DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, June 11, 2013 CITY COUNCIL MEETING CLOSED SESSION 1. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program The closed session was canceled due to lack of business. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the Special City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang and Mark Santoro, and Rod Sinks. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None 25 Tuesday, June 11, 2013 ORAL COMMUNICATIONS - None CONSENT CALENDAR - None SECOND READING OF ORDINANCES - None PUBLIC HEARINGS Cupertino City Council 2. Subject: Public Hearing to Consider the Recommended Budget for Fiscal Year 2013- 2014 and the adoption of the Recommended Budget and Establishment of the Appropriation Limit, and Related Actions Recommended Action: a. Adopt Resolution No. 13 -051 establishing a special project budget for the Planning and Community Development — Current Planning Program for costs related to Pass Thru Revenues for Fiscal Year 2013 -14 b. Adopt Resolution No. 13 -052 establishing an Operating Budget and Capital Budget for Fiscal Year 2013 -14 c. Adopt Resolution No. 13 -053 establishing an Appropriation Limit for Fiscal Year 2013 -14 d. Take action on items listed in the Follow -up Items for Council Action section of this report and direct staff to make the appropriate adjustments to the Fiscal Year 2013 -14 Recommended Budget and Resolutions i. $50,000 for the water testing of Stevens Creek Reservoir ii. $9,000,000 for parking structure near library field iii. $2,000,000 for accelerated pavement repairs iv. $19,000 for the purchase and replacement of new smaller tree badges v. $75,000 to expand the stage in the Cupertino room at the Quinlan Center vi. $20,000 reduction in unrequested Community Funding dollars vii. $3,500 in ongoing Wifi related costs viii. $15,000 in one -time costs related to a Wifi study ix. $125,000 reduction for the deletion of the Civic Center Distributive Antenna System Capital Improvement Plan e. Adopt negative declaration EA- 2013 -01 for the Capital Improvement Plan (CIP) projects described in the FY 2013 -14 Recommended Budget Written communications for this item included an email from Cupertino Library Commission Chair Rose Grymes- Friedland. Senior Management Analyst Kristina Alf aro reviewed the staff report. 26 Tuesday, June 11, 2013 Cupertino City Council Council member Sinks recused himself from voting on item "a" on the agenda and left the dais. a. Wong moved and Santoro seconded to adopt Resolution No. 13 -051 establishing a special project budget for the Planning and Community Development — Current Planning Program for costs related to Pass Thru Revenues for Fiscal Year 2013 -14. The motion carried with Sinks recusing himself. Council member Sinks returned to the dais. Mayor Mahoney opened the public hearing. Diana Argabrite from the De Anza College Euphrat Museum of Art thanked Council for supporting the funding for last year. She highlighted some of the previous years' events and noted that the museum has plans for new exhibitions in the upcoming year. She said that the museum received a nomination from Congressman Mike Honda for a national medal for exemplary museum services. Cupertino Community Librarian Mark Fink thanked Council for its support allowing the Library to stay open more hours per week. He reported monthly statistics showing how successful the Library is and urged Council support for the package of Library items in the proposed budget. Bob Adams, speaking on behalf of the Cupertino Library Foundation thanked Council for past Library support. He said that the Foundation approved of the Library package of items in the proposed budget including maintaining the current library hours, story room expansion, drop -off shade canopy, and parking structure. Cupertino Library Commissioner Annie Ho read a portion of the email from Library Chair Rose Grymes- Friedland asking for support for the Library items in the proposed budget. Library Commissioner Ann Stevenson also offered support for the statements in the email from Rose Grymes- Friedland and thanked Council for its continued support for the Library. Judith Stewart, Board member of Friends of Deer Hollow Farm thanked Council for past support of the Farm and urged continued support. Mayor Mahoney closed the public hearing. 27 Tuesday, June 11, 2013 Cupertino City Council b. Wong moved and Santoro seconded to adopt Resolution No. 13 -052 establishing an Operating Budget and Capital Budget for Fiscal Year 2013 -14. The motion carried unanimously. c. Wong moved and Santoro seconded to adopt Resolution No. 13 -053 establishing an Appropriation Limit for Fiscal Year 2013- 14.The motion carried unanimously. d. Wong moved and Santoro seconded to take action on the following items and directed staff to make the appropriate adjustments to the Fiscal Year 2013 -14 recommended budget and resolutions. The motion carried with Chang voting no. Council member Chang said he voted no because he disagreed with the decision on the water testing, parking structure, and Linda Vista ponds items, and noted he was okay with the rest of the items. i. $50,000 for the water testing of Stevens Creek Reservoir • Nothing added to the budget ii. $9,000,000 for parking structure near library field • $500,000 added to the budget for an initial study and Council to review before any CEQA action is taken iii. $2,000,000 for accelerated pavement repairs • $2,000,000 added to the budget iv. $19,000 for the purchase and replacement of new smaller tree badges • Nothing added to the budget v. $75,000 to expand the stage in the Cupertino room at the Quinlan Center • Nothing added to the budget vi. $20,000 reduction in unrequested Community Funding dollars • $20,000 reduced from the budget vii. $3,500 in ongoing Wifi related costs • $3,500 added to the budget with the Technology, Information, and Communications Commission (TICC) to review and Sinks to work with staff M Tuesday, June 11, 2013 Cupertino City Council viii. $15,000 in one -time costs related to a Wifi study • $15,000 added to the budget with the Technology, Information, and Communications Commission (TICC) to review and Sinks to work with staff ix. $125,000 reduction for the deletion of the Civic Center Distributive Antenna System Capital Improvement Plan • $125,000 reduced from the budget Additional changes to the budget included: • $75,000 moved up from FY 2014/15 forecast to FY 2013/14 for Library book drop shade structure; staff to update Council on type of structure in weekly items of interest • $58,000 removed from FY 2014/15 forecast for library trail • $450,000 moved up from FY 2015/16 forecast to FY 2013/14 for Linda Vista Park pond repair with the remaining dollars from the original budget of $1,057,000 removed from forecast Council concurred to bring the Reserve policy to the Fiscal Strategic Planning committee. e. Wong moved and Santoro seconded to adopt a negative declaration EA- 2013 -01 for the Capital Improvement Plan (CIP) projects described in the FY 2013 -14 Recommended Budget. The motion carried unanimously. ORDINANCES AND ACTION ITEMS - None REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:15 p.m., the meeting was adjourned. Grace Schmidt, City Clerk 29