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CC 04-19-04 CUPEI\TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, April 19, 2004 ROLL CALL At 5:30 p.m. Mayor James called the meeting to order in Conference Room C. City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok (arrived at 5:45 p.m.), and Council members Dolly Sandoval and Kris Wang. Council members absent: Richard Lowenthal. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, City Planner Ciddy Wordell, and Deputy City Clerk Grace Johnson. MEETING WITH SUPERVISOR 1. Update meeting with Supervisor Liz Kniss. Supervisor Liz Kniss and the City Council discussed various City and County issues including emergency response 911 fees; Local Tax Funds State Ballot Initiative; library hours; City and County budget; County fairgrounds redevelopment; and the Nurses and Public Defenders Initiative. RECESS Council was in recess ITom 6:28 p.m. until 6:50 p.m. At 6:50 p.m. Mayor James called the meeting to order in the Council Chambers and led the pledge of allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick, and Council members Dolly Sandoval and Kris Wang. Council members absent: Richard Lowenthal. April 19,2004 Cupertino City Council Page 2 Staff present: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Assistant Public Works Director Glenn Goepfert, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and Deputy City Clerk Grace Johnson. POSTPONEMENTS - None WRITTEN COMMUNICATIONS The Deputy City Clerk said that there was a copy of an email dated April 17, 2004 ITom Tom McNair to the Council, and a letter dated April 19, 2004 ITom Craig Breon to the Council. Both items pertained to item number 9 on the agenda. ORAL COMMUNICATIONS Lucia Wu, President of the Moon Festival of Silicon Valley, said that there had been two Moon Festivals in the City calendar meeting schedule, but the website lists only the Autumn Moon Festival with a different contact person. She asked which is the legal organization to host the event. City Manager David Knapp responded that staff had been told there was agreement among the members of the Moon Festival Committee about who would host the event, and the City was waiting to hear ITom the committee regarding who that person would be. He noted that the Council would be considering whether the city could afford to continue supporting festivals in the coming months. James Liu, Monrovia Street, a volunteer for the Moon Festival, asked when the committee could proceed with the Moon Festival, since the date and the liaison person had changed. He asked if the City had procedures to prevent this kind ofthing ITom happening in the future. Parks and Recreation Director Therese Smith responded that Recreation Supervisor's calendar showed it was Lucia Wu who submitted the paperwork, and the Moon Festival is on the calendar for September 18 and 19. David Stearns, Pepper Tree Lane, an early member of the Hsin-Chu Sister City Committee and a current board member of the Moon Festival of Silicon Valley, said that it was a surprise to him that there was disagreement over who was going to run the Moon Festival this year. He said that there had been some accusations that the committee was not truly a non-profit and he denied that claim. He hoped that the management of the Moon Festival would remain with the current group. Jeunie Young, Addington Ct., wanted to know when the Council speaks on behalf of the City and when it does not. She said that when Kris Wang mentioned she was planning to take over the Moon Festival Committee, Young thought that Wang was talking on behalf of the City. Now, she is hearing differently. April 19,2004 Cupertino City Council Page 3 City Manger David Knapp said that if the item is in the public record in the form of minutes, ordinances, resolutions, or addressed during a meeting, it is speaking on behalf of the City of Cupertino. The rest of the time, the Council is precluded ITom having more than two members talk with each other about City business. Ralph Ottee, Lucky Oak St., Moon Festival of Silicon Valley committee member, said he was upset over the desire of a Council member to start a competing Autumn Moon Festival Committee. He mentioned a recall petition and urged Council to find out what is happening. Pat Rogers suggested that for all major festivals occurring in Cupertino, the City have a policy to require a majority of the members of the controlling committee or group be Cupertino residents. Parks and Recreation Director Therese Smith explained that the City's field reservation policy requires that at least 51 % of the Cupertino participants must represent the organization, and for festivals, the organization must be a non-profit and provide a service to the City of Cupertino. Barbara Rogers said it was her understanding that Council member Kris Wang, as representative to the sister city committees, learned that the Moon Festival Committee could not use City Hall facilities for their meetings because they did not have a member from Cupertino, so thought one way to solve the issue would be to combine the Moon Festival committee with the Hsin-Chu Sister Committee. Rogers said that this decision was taken the wrong way. She suggested that due to the budget crisis, the City should start charging everyone, including non-profit groups, and to restrict City buildings and fields only for City groups. Steven Ting, West Hill Ct., said that the matter should be worked out between the two community organizations, the Hsin-Chu Committee and the Moon Festival Committee. He encouraged the City management to take a more forceful and proactive stance in interpreting and applying the policy for the use of the parks and other City facilities. Dennis Whittaker, Cheryl Dr., said that this issue seems to be a problem of power between the Hsin-Chu Sister Committee organization and the Moon Festival of Silicon Valley Committee organization. He said that members of the community should be the sponsors of the Moon Festival. He also wondered how the festival benefited Cupertino. Cary Chien, Felton Way, said he was surprised to hear about the subject ofrecall without basis. He said that he is a member of the Parks and Recreation Commission and it has become clear to him that the Cupertino residents expect the City to make the best use of its public lands, and he felt that publicly visible lands should be held primarily for public or cultural uses. He said that the Moon Festival event should be held to the same standard and that proceeds ITom that event should go directly back to Cupertino. Kris Wang said that she was the liaison for the Sister City committees, and had heard concerns by residents that the Moon Festival Committee was being run by non-Cupertino residents. She suggested that the two groups merge to make a larger organization run by Cupertino residents, and David Fong, the Chair ofthe Hsin-Chu Sister Committee, agreed with her suggestion. Wang said it was her understanding that Lucia Wu, the Chair of the Moon Festival of Silicon Valley April 19, 2004 Cupertino City Council Page 4 Committee, had also verbally agreed. She said she hopes that staff can provide a policy to clear up the misunderstanding and rumors. Kwok recognized the good job Lucia Wu has done as the Chair of the Moon Festival Committee. He said that Council member Wang has good intentions and her goal is not to take over the festival but to help the community. He said he would like to sit down and work something out to end up with a win-win situation, and he hoped that both committees can work with Wang and each other to come together as a whole for the good of Cupertino. Sandoval said that the community wants an effective festival that educates people on cultural diversity as well as creating an event that is fun. She said that a Moon Festival that benefits the Hsin-Chu Sister City Committee and helps fund students travel is great. She asked the community members to get together to form one committee. She noted that at the April 6 study session, staff was directed to prepare an accounting of all the festivals, including how the festivals are used to build community spirit, celebrate cultural diversity, and raise funds for worthy causes, as well as to identify the specific causes that are supported. Wang said that she hopes the Chairs of each committee can work together to celebrate the Moon Festival. She said she would support the exchange student funding for the Hsin-Chu Sister City Committee. Knapp explained that Council members serve as committee liaisons by sitting on various committees and then report back to the Council and the community. James said that the Council is not empowered to make decisions for or take actions in those committees. She clarified that the City of Cupertino is not trying to take away the Moon Festival ITom Lucia Wu. She said the City supports the festivals, but the decision as to who will run an organization is a community issue. Lucia Wu clarified that she is not the co-chair of the Moon Festival, but rather the President of the Board. She said the co-chair is Dennis Wan and the treasurer is Ed Grant. She explained that the committee is comprised of 40% Cupertino residents but it is soon to become 80%. She said that Wang had commented that David Fong claimed to be the original owner of the Moon Festival. Wu referred to a letter dated 1999 ITom David Fong, Co-Chair of the Hsin-Chu Sister City Committee, to the Moon Festival Committee congratulating them on doing the cultural event in Cupertino. She said this proves that he is not the founder of the group. CONSENT CALENDAR Kwok/Sandoval moved and seconded to approve the items on the Consent Calendar except for item number two, which was pulled for discussion. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 3. Adopt resolutions accepting Accounts Payable for March 26, April 2, and April 9, Resolution Nos. 04-294 through 04-296. April 19,2004 Cupertino City Council Page 5 4. Adopt a resolution accepting Payroll for April 9, Resolution No. 04-297. 5. Approve Library Commission recommendation appointing Commissioner Diana Wu as special emissary between the Cupertino Library and Sister Library Hsin-Chu. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes ITom the April 5 and 6 City Council meetings. Wang corrected page 2-11 of the minutes ITom April 6. In the fourth paragraph, "Dennis Wan" was corrected to "David Fong." Wang/Sandoval moved and seconded to approve the minutes as amended. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. PUBLIC HEARINGS 6. Review and adopt City fees for 2004-05. (This item was continued ITom April 5): a) Adopt a resolution establishing an Emergency Communication Response Fee (911), Resolution No. 04-290, and Conduct the first reading of Ordinance No. 1935: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 to the Cupertino Municipal Code Pertaining to 911 Emergency Communication System Response Fee." Administrative Services Director Carol Atwood reviewed the staff report. She explained that the fee is not a tax, but a cost recovery from what the City currently pays annually to the County of Santa Clara for the 911 system in the amount of $771,709. She said this would result in a cost recovery of $620,000 annually and would be used exclusively to pay for 911 dispatch services. She noted that passing this fee would help to balance the budget. She said that seniors probably are more frequent users of the service, and therefore would not be exempt ITom the fee, but they can apply for an exemption ITom the Utility User Tax. Captain John Hirokawa said that the non-emergency phone number for San Jose is (408) 299-2311. He said that a 911 call ITom a cell phone would still be dispatched ITom Vallejo and emergency services would take about 15-20 minutes to respond. The following people spoke on item 6a. Barbara Rogers advised Council to continue the item because the agenda wasn't clear that a fee was being considered. Pat Rogers suggested that the resolution enacting the fee should not be open- ended but rather sunset after 2 or 3 years, unless renewed by the City Council. He April 19, 2004 b) Cupertino City Council Page 6 said most people would accept a temporary fee more easily until the budget improves. Dennis Whittaker, Cheryl Dr., said that if the City were to lose staff because of this fee not passing, then he would support it. He was concerned that citizens would feel penalized, and be less inclined to look out for each other when seeing suspicious activity if they were charged a fee to call 911. Sandoval explained that the charge would be a monthly fee for the inITastructure system and not a per-call fee so people shouldn't be discouraged ITom calling. She said this is a necessary tax because the state took away vehicle license fees ITom the City, which would have paid for the inITastructure. She suggested that one of the exemptions listed on page 6a-l of the staff report, non-profit, tax-exempt educational organizations, not be exempt ITom the fee. She said that if one foundation is exempt, then all should be exempt. Atwood re-calculated the figures and noted that the fee for a single-line access would be $1.84 per month rather than $3.00, and a trunk line fee would be $13.80 rather than $22.50, as noted on page 6a-4 and 6a-5 of the staff report. Kwok said that he supported staffs recommendation for full cost recovery because the City is already looking at many expenditure reductions, and this revenue fee is needed to balance the budget. He said that if the City takes out the educational organizations ITom the exceptions, then the non-profit, tax-exempt hospitals should be taken out as well. Wang suggested that only a portion of the cost be charged to line-users rather than the entire amount, in order to keep some City service going to the community. She recommended the City charge $1.00 per single line or a maximum of $1.50 for each household who has more than one line. She suggested waiting until the overall budget is discussed to decide on this fee. James said the City's job is to protect its citizens and she doesn't feel comfortable charging the fee. She said she would rather cut Parks and Recreation or other non- life threatening services. Atwood said that staff would calculate several different options and bring it back to Council the first meeting of June. Kwok/Wang moved and seconded to continue the item to June 7. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. Adopt a resolution accepting the 2004-05 Fee Schedule, Resolution No. 04-291 Atwood reviewed the staff report and Council discussed various fees, including the facility use fees. April 19,2004 Cupertino City Council Page 7 Parks and Recreation Director Therese Smith responded that the City has never actually charged festivals and groups for City facilities and that this fee is an opportunity cost. The following people spoke on item 6b. Lonnie Toensfeldt, Fitzgerald Dr., acknowledged the Rolling Hills of Cupertino 4-H Club in celebrating 30 years at McClellan Ranch Park. She also said that the County is threatening to cut the University of California's Cooperative Extension Program and she urged Council to endorse the 4-H Club program to the Board of Supervisors. She said that the club uses the Monta Vista Recreation Center and was told that Education Non-Profit groups would now be charged $15 per hour to use the facility. She said that the group isn't able to raise the money because it is precluded by UC policy to charge members for any fees. Barbara Rogers urged Council to keep in mind a point of no return for many non- profit groups to be able to exist, and to weigh that carefully when making its decision. Rhoda Fry, San Fernando Ave., said that the Mountain View Recreation Center doesn't charge anything for facility use, and only one resident is required rather than 51 %. She said she is the activities coordinator for the Las Madres club that uses the Monta Vista Recreation Center. She said the club couldn't afford to spend $30-45 per week for the room. She asked Council to waive the fees for this group and similar groups. She suggested it is better to use the facility than to leave it vacant. Smith explained the policy for co-sponsored clubs, such as the 4-H Club and the Las Madres Club. She said that the intent of the policy, written in the 70's, was that these community clubs were providing recreational activity in lieu of having to hire staff to do that. She said that the City has been generous in not charging these groups, but was still charging non-profit groups for facility use, in the spirit of fairness the City should charge all groups the same fee. She said that the rates they are being asked to pay now are the non-profit group rates, which is still lower than the regular fee. Kwok moved to adopt Resolution No. 04-291 as proposed. There was no second and James seconded for the purpose of further discussion. Atwood explained that the Council policy is not to waive fees with the exception of festivals, and that this exception would be looked at later in conjunction with the budget. Sandoval moved to amend the original motion to consider just general fees, public works fees, planning and building fees, and the first two bullets of the parks and April 19,2004 Cupertino City Council Page 8 recreation fees on page 6b-2 of the staff report. There was no second and the motion died. The Council voted on the original motion to adopt Resolution No. 04-291 as proposed. Vote: Ayes: James, Kwok, and Wang. Noes: Sandoval. Absent: Lowenthal. Council recessed ITom 9:05 p.m. to 9:10 p.m. NEW BUSINESS Mayor James re-ordered the agenda to take up item number 9 next. 9. Adopt a resolution authorizing the Director of Public Works to negotiate and execute an amendment to the Access Agreement between the City and Mr. Tom McNair for 22261 McClellan Road, Resolution No. 04-298. Assistant Public Works Director Glenn Goepfert reviewed the staff report and highlighted responses to a letter ITom Deborah Jamison regarding the project. He summarized the history of the project, and amended one recommendation ITom the staff report to include a requirement for a permit ITom the Santa Clara Valley Water District. He explained that the City would maintain the oversight of the restoration process instead. Tom McNair gave a history of construction access, staging, and land use. He talked about stockpiling and temporary parking and said that he didn't realize they had been dropped from the previous agreement. He said that he rectified the stockpiling issue as soon as he heard from Public Works to do so. He said that the stockpile would be used for re- vegetation later, but he would do whatever the City asked him to do. He commented there has been no greater damage done since the original agreement, and he said he is willing to go above and beyond the original agreement to restore the area to better than pre- existing conditions. He explained that the staging of the project would soon be taking place on his own property. Deborah Jamison, Rumford Dr., said that she was alarmed about the amount of destroyed vegetation and the threat to the creek, and one of the arguments for the residential use of the Simms House was that it would impose less impact on the creek side environment. She said the tenants who occupied the house were required to abide by an agreement, become traiÜed by the City Naturalist in how to care for the natural environment, and become familiar with the McClellan Ranch Park rules. She said that the riparian corridor was making a comeback, but with the construction activity it was all obliterated. She urged Council to resolve the issues referred to in a letter she submitted including restoration and restitution; compensation to the City for the construction use of the area; a use-fee; requiring a bond; imposing a time-limit and penalties; requiring a specific restoration plan; and carefully watching the project to make sure no additional damage occurs. April 19,2004 Cupertino City Council Page 9 Marylin McCarthy said that on April 8 she wasn't able to get through on McClellan Road to Mira Vista because of a large, construction truck and crew hosing concrete slurry into a drain that says, "Flows to the bay." She said there was no flagman, and anyone coming around the blind comer wouldn't have been able to see her. She was concerned about McNair's driveway being located at the blind comer, as well as who from the City would take responsibility for this land use. She requested that any additional access agreement include some information about McClellan Ranch Park to all vendors, construction crews, individual craftsmen, and landscapers to make them aware of how delicate the area is. She said that she didn't think McNair should have the responsibility for the restoration because he isn't a naturalist. Dr. William Walster, Dean Ct., requested that Council prevent this ITom happening in the future by adopting policies and procedures, with the goal of preserving as much as possible of the 60-acre preserve for future generations. Jill Halloran, Alderbrook Lane, said that it was important to preserve the ITagile habitat of the creek. She was concerned that this was allowed to happen and would have been worse if not for people like Deborah Jamison. Lonnie Toensfeldt, Fitzgerald Dr., said she was a member of the McClellan Ranch Park Planning Committee and she chaired the McClellan Master Plan Task Force ad hoc committee. She said at the Parks and Recreation Commission meeting, a bond, time-line, and stability of the property was discussed. She said that everyone has been working under the assumption that the Simms House was part of McClellan Ranch Park. If it is not, the City needs to do something about that so the property falls under the McClellan Ranch guidelines and the ordinance. Rhoda Fry, San Fernando Ave., said it was important to not leave to chance the protecting and restoring the City's riparian habitat. She said the amendments and conditions are not enough, and the project needs to be respectful of the property for the future. Bob Hoxsie, Mira Vista, said he lives across the street ITom the McNair property. He encouraged Council to be sure it had clear guidelines, enforcement, and someone watching over the construction of the project. Council adopted Resolution No. 04-298 and directed the City Manager and the Public Works Director to negotiate and execute an amendment with the following conditions: 1) Bond requirement; 2) Compensation for staff time; 3) A time-line for completion of the project and restoration; 4) A quitclaim of the easement; 5) A clean-up plan to the satisfaction of the City prior to resuming construction. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. April l 9, 2004 Cupertino City Council Page 10 UNFINISHED BUSINESS 7. Authorize the City Manager to execute a contract for animal services with the city of San Jose. Administrative Services Director Carol Atwood reviewed the staff report. SandovallKwok moved and seconded to execute the contract. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. NEW BUSINESS - continued 8. Review of bid and award of the contract for Furnishing and Installing Uninterrupted Power Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic Signals at Various Locations, Project No. 03-9547, which will provide for the installation of battery back up systems (BBS) at 22 major traffic signal locations within the City, to Republic Electric in the amount of $188,100.00, and approval of a construction contingency of $11,900.00 to cover any unforeseen work required to complete the project, for a total of $200,000.00. Assistant Public Works Director Glenn Goepfert reviewed the staff report. Kwok/Sandoval moved and seconded to award the contract. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. STAFF REPORTS 10. Receive a report regarding current and future expected benefit payments of the City's retiree healthcare plan. Administrative Services Director Carol Atwood said that under the Governmental Accounting Standards Board (GASB), the City is now required to record a "pay as you go" entry only for its retiree medical and current employee medical costs, which will be about $525,000 this year. She that in the next few years the city will also have to accrue the full future liability of its medical retiree cost, and will fund over a 20-year period another $897,000 per year. Council received the report. 11. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said that through the end of February, the revenue cash flow was down $1.7 million. She said that due to a property tax and sales tax payment, the City is down only $667,000 in revenue. She said that the trends are still not good, but better than last month. Council received the report. April 19,2004 Cupertino City Council Page 11 CLOSED SESSION 12. Initiating litigation - Government Code Section 54956.9( c). Possible action against Edward Britt, Norman Hackford, and Gerald Cooley related to the initiative measure. (No documentation in packet). At 10:50 Council went into closed session. At 11 :08 p.m. Council reconvened in open session. The City Attorney announced that Council authorized the release of the City Attorney's legal opinion to the employees that might be affected, on the dos and don'ts of participation in the Initiative process. He said that this opinion could also be released to the general public. He continued to say that Council also authorized the release of the 2004 Schedule for the Initiative Report Preparation and the Initiative Report Draft Scope of Work for the various elements in the report. The report is estimated to cost at least $100,000. ADJOURNMENT At 11:10 p.m. the meeting was adjourned to Tuesday, April 27 at 5:00 p.m. in the Council Chambers, 10300 Torre Avenue, for a public hearing regarding Val1co Fashion Park. ~~~\Jl Grace Schmidt, Deputy City Clerk For more information: 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 ITom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased ITom the Cupertino City Channel, 777-2364.