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CC 05-17-04 F CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, May 17,2004 ROLL CALL City Council members present: Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: Mayor Sandra James. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood. City Attorney Charles ](jlian, Community Development Director Steve Piasecki. Parks and Recreation Director Therese Smith, Recreation Supervisors Christine Hanel, Don McCarthy, Tom Walters, and Mike O'Dowd, and Deputy City Clerk Grace Schmidt. At 5:03 p.m., Vice-Mayor Kwok called the meeting to order in Conference Room C of City Hall, 10300 Torre Avenue, Cupertino, California. STUDY SESSION 1. Conduct a study session and receive on an overview of the Parks and Recreation budget. Parks and Recreation Director Therese Smith gave a PowerPoint presentation on the overview of the Parks and Recreation budget. She said that 7% of the City's General Fund expenditure goes to Parks and Recreation. She highlighted the five divisions within Parks and Recreation; recreation programs that are paid for fro the General Fund and Enterprise Funds; how staffing costs are allocated; current vacancies as of May 2004; what is not included in the budget; revenue/expense by division and fund; depart¡nent reductions since midyear; how staffing costs are allocated; and which programs are divided into full-cost recovery, partial-cost recovery, and full General Fund support. Council and staff discussed festivals that the city subsidizes. Smith said that of the $6,000 out of pocket costs that the City pays, 1/6 goes toward Parks and Recreation expenses, 2/6 goes toward Public Works expenses, and 1/2 goes for Sheriff Department coverage. Council discussed giving the responsibility for sheriff cost to the festival organizers. Council also discussed ideas for helping the festivals to save money such as using Community Emergency Response Team (CERT) and Cupertino Amateur Radio Emergency Service (CARE) volunteers rather than sworn officers. May 17, 2004 Cupertino City Council Page 2 Council briefly discussed the fireworks. Lowenthal suggested that the City give the community a year's notice and encourage the community to fund its own fireworks next year. Vice-Mayor Kwok asked for public comment and the following individuals spoke. Frank Jelinch stated his support for the Shakespeare Festival. He said that once the festival leaves Cupertino, it wouldn't come back because another city would take it up. He encouraged Council to consider the festivals' 20-year history and keep the program. Toby Leavitt, Executive Director of the Shakespeare Festival, said that Memorial Park is the best venue for the Shakespeare Festival and that Cupertino has the best community spirit. She said that the festival organizers raise $100,000 and receive $25,000 from the City as a subsidy. This is not a fundraising event, and the amount only covers the cost of the event. The festival is free to everyone, but a hat is passed at the end of the show. She said that over 51 % of attendance is from Cupertino residents. John Ennals also spoke in support of the Shakespeare Festival. He said that since the event is in August, the organizers would need to be given notice as soon as possible in order to make other arrangements. Christine Kennedy-Pierce, Senior Commissioner, offered her support for the Shakespeare Festival and the funding for the Senior Center Case Manager position. Lucille Honig stated her support for the Cherry Blossom Festival. She said that the festival is a fundraiser and that since its inception over 190 students have been sent to Cupertino's Sister City, Toyokawa. She said that the Sister City relationship has brought in 200 cherry trees to Memorial Park, lanterns throughout the City, a clock, and 20,000 trees for the library area. Virgil Kline, representing the Toyokawa Sister City Committee, asked Council to give consideration to festival seniority and especially the Cherry Blossom Festival. He said that food booths at the event are non-profit so other local organizations also benefit. Trisha Kline said that many friendships have been made through the Toyokawa student exchange program. RECESS Council was in recess from 6:25 p.m. until 6:50 p.m. PLEDGE OF ALLEGIANCE At 6:50 p.m. Vice-Mayor Kwok called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. May 17,2004 Cupertino City Council Page 3 ROLL CALL City Council members present: Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: Mayor Sandra James. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Recreation Supervisor Christine Hanel, Public Information Officer Rick ](jtson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS The City Clerk announced that the Council had viewed a thank-you card from the Portal School students for the class on water pollution and creek protection. ORAL COMMUNICATIONS Dennis Whittaker, representing the Concerned Citizens for Cupertino (CCC), said he wished to clarify misrepresentations in the May 5 editorial in the Cupertino Courier by a council member. Whittaker read portions of the editorial and also talked about current and future impacts on the schools as a result of additional housing developments and the potential impacts on views as a result of taller buildings and schools. Council member Lowenthal responded that he stood by his statement about the theaters not being allowed in their original location if the initiatives passed. Lowenthal also said that the Cupertino Chamber of Commerce had voted unanimously to oppose the initiatives because they were bad for business. Santa Clara County Sheriffs Captain John Hirokawa said that an identity theft forum, would be presented free of charge on May 27, 5:30 p.m. to 8:30 p.m., at the Quinlan Community Center. He said that the forum was sponsored by the Sheriffs Office and the City of Cupertino, and presenters would include members of the Sheriffs Office, the joint terrorism task force, the computer high-tech task force, and the U.S. Postal Service. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.2, which was pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. 3. Adopt resolutions accepting Accounts Payable for April 30 and May 7, Resolution Nos. 04-309 and 04-310. 4. Adopt a resolution accepting Payroll for May 7, Resolution No. 04-311. May 17, 2004 Cupertino City Council Page 4 5. Accept the Treasurer's Budget Report for March 2004. Accept applications for an Alcoholic Beverage License: 6. a) b) Dynasty Seafood Restaurant, 10123 N. Wolfe Rd., Ste. 1688 Coach House Wine and Liquors, 1655 S. De Anza Blvd. 7. Adopt a resolution authorizing a request to the Metropolitan Transportation Commission for an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding for the Mary Avenue Bicycle Footbridge, in the amount of $63,317.00, Resolution No. 04-312. 8. Adopt a resolution authorizing the City Manager (0 execute a Waiver of Claims and Indemnification Agreement between the City and the Metropolitan Transportation Commission (MTC) for the City to receive consultant services at no cost to the City for a joint Regional Signal Timing Program (RSTP) traffic signal timing study along De Anza Boulevard and Saratoga-Sunnyvale Road with the City of Sunnyvale, Resolution No. 04- 313. 9. Adopt a resolution approving the First Amendment to Agency Agreement for countywide Household Waste Collection Program, Resolution No. 04-314. 10. Accept city projects performed under contract (No documentation in packet): a) De Anza Boulevard Advanced Traffic Management System (ATMS), Project No. 9534, VCI Telcom, Inc. b) Cupertino Adaptive Traffic Control System, Project No. 9535, Republic Electric 11. Adopt a resolution supporting California's law to reduce global warming pollution, Resolution No. 04-315. 12. Adopt a resolution approving the Parcel map and Improvement Plans, Lands of Debcor, Inc., 1358 South Stelling Road, APN 366-17-098, Resolution No. 04-316. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes from the April 27, May 3 and 4 City Council meetings. Lowenthal/Wang moved and seconded to approve the minutes with amendments to the April 27 minutes, to reflect Kris Wang absent, and the May 3 minutes, to expand upon comments by Patrick Kwok on page two and Richard Lowenthal on page six. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. May 17,2004 Cupertino City Council Page 5 PUBLIC HEARINGS 13. Conduct a public hearing and receive recommendation from the Parks and Recreation Commission regarding a name for the park/plaza at the corner of Stevens Creek and De Anza Boulevards. Parks and Recreation Director Therese Smith said that the Parks and Recreation Commission held a public hearing, and no individuals wished to speak. The commission recommends the name of Cali Mill Plaza in recognition of the historic granary that had been located on that site. Barbara Rogers spoke in favor of this recommendation. She said that the Cali family was the first in this area, and they had been good citizens throughout the years. The public hearing was closed at 7:06 p.m. Lowenthal/Sandoval moved and seconded to name the area at the corner of Stevens Creek and DeAnza Boulevards "Cali Mill Plaza." Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. Sandoval noted that this name complies with the City's naming policy to recognize people in this community who have given great service to the city and residents of Cupertino. UNFINISHED BUSINESS - None NEW BUSINESS 14. Adopt a resolution authorizing the City Manager to negotiate and execute a Non- Exclusive Installation and Service Agreement between the City and MetroFi, Inc. for the installation of a wireless communications system throughout the City, and any associated agreements with PG&E that may be necessary, Resolution No. 04-317. Rick Kitson, Public Information Officer, said the Telecommunications Commission had seen a presentation on this topic previously, and were very supportive. Council member Sandoval said that the Council should continue to monitor discussions at the national level regarding taxing broadband Internet access, because there may be a threat to a crucial state and local revenue streams. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04-317. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. May 17,2004 Cupertino City Council Page 6 15. Review bids and award a contract for the Civic Center and Library Fumiture Project, Project 2004-03 to the low bidder, and accept Add Alternates as appropriate. Public Works Director Ralph Qualls reviewed a staff report handed out at the meeting dated May 17,2004, for this item. Nicol Lea, Library Campaign Project Coordinator, said this is a great bid for the furniture, and she thanked the staff, City Manager, and Council for their leadership. She said that donors can get information about the fund-raising campaign by visiting www.cupertinolibrary.org and anyone is welcome to join the campaign. She said that on Wednesday, 11 :30 a.m. at City Hall, there will be an event to recognize the donors. Lowenthal/Sandoval moved and seconded to award the Civic Center and Library Furniture, Project No. 2004-03, to One Workplace L. ferrari, LLC, including Add Alternate No.8, for a total contract amount of $685,651.00. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. 16. Review bids and award a contract to the lowest responsive and responsible bidder, Toll Architectural Graphics, in the amount of $84,786.00 for the Civic Center and Library Project for Signage. Public Works Director Ralph Qualls reviewed a staff report handed out at the meeting dated May 17, 2004, for this item. Council members discussed whether the Cupertino Community Hall signage should also reflect that it is the Council Chambers. Nicol Lea, Library Campaign Project Coordinator suggested that the Council review how the signs will look and where they will be placed. She explained it was important for the campaign to be able to honor their verbal commitments to the donors in terms of donor recognition. She also asked for a letter or intent or written agreement which states that the library has first right of refusal to for use of the community hall without a fee. She said that the committee is looking for less expensive options for donor recognition, since the original estimate was $150,000, but that they will make sure that donors of $1,000 or more will be recognized in the Library. Sandoval/Lowenthal moved and seconded to award the contract to Toll Architectural Graphics in the amount of $84,786.00 for the Civic Center and Library Project Signage, and directed staff to have the architects prepare mockups of both exterior and interior signage for Council review, including an example of an exterior sign with the words "Community Hall" in large letters and "Council Chambers" in smaller letters. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. May 17, 2004 Cupertino City Council Page 7 17. Adopt a resolution authorizing the City Manager to sign an Electric Program Windup Agreement with ABAG Power, Resolution No. 04-318. Lowenthal/Wang moved and seconded to adopt Resolution No. 04-318. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. 18. Consider canceling the regular meeting of August 2, 2004. (No documentation in packet). Lowenthal/Wang moved and seconded to cancel the regular Council meeting of August 2, 2004. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. ORDINANCES - None STAFF REPORTS 19. Receive a report on a potential Santa Clara Valley Water District partnership for stream rehabilitation. Parks and Recreation Director Therese Smith reviewed her staff report and slides. She said the Water District has a number of commitments that may be satisfied through a partnership with Cupertino, including habitat restoration and water supply management in the stream reach between the Stevens Creek reservoir and Highway 280, which includes the Blackberry Farm area. She reviewed the joint project goals, which included developing a master plan for the corridor that incorporates the restoration plan and that maximizes a sustainable ecosystem. Smith said that the Water District board will review this proposal in June, and if they agree the matter will be brought back to the City Council in the fall. Council received the report. 20. Receive a report on Teen Center use. Christine Hanel, Recreation Supervisor for the Youth and Teen division, gave an update on teen center usage and distributed charts illustrating attendance statistics. She said that the Teen Commission provided significant input regarding policies and procedures, as well as helping to select the television, computers, and snack bar foods. They also changed the age requirements to permit students from 8'h through 12'h grades instead of restricting attendance by age. She highlighted information from the evaluation forms, and said the attendees have been polite and respectful and there have been no discipline issues. Hanel noted that effective July I, there will be a fee charged for non-residents, which comprise about 12% of the attendees. She said that staff is also beginning to promote the center for rentals. The Teen Commission meets on the first Monday and third Wednesday of the month at the Sports Center conference room at 6 p.m., and more information on the commission is available from www.cupertinoteens.org May 17,2004 Cupertino City Council Page g 21. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said the financial situation is relatively unchanged from last month. As of the end of April 2004, revenues are down $1.6 million compared to last year, but half of that is the vehicle license fee take-away. Also, sales tax revenue is down as is the city's interest on its portfolio. Atwood said that the departments have been saving money and expenditures are under budget by $1.2 million, so the net difference is $400,000. She said that the Governor's proposed budget would claim an additional $625,000 from the city in the next two fiscal years, with a promise to pay back 71 % of that in the third fiscal year. Public Works Director Ralph Qualls reported in more detail on the League of California Cities' Local Taxpayers and Public Safety Protection Act, which has qualified for the ballot, and the compromise proposed by Governor Schwarzenegger. COUNCIL REPORTS Council members highlighted the activities of their meetings, committees and various community events, including the following: The graduation ceremony for the Sheriffs Teen Academy; the Asian-American Leadership Academy in Washington D.C.; the community fund- raising effort for the library; the fish-a-thon for disabled children at Stevens Creek reservoir; a taping for The Better Part senior programming at the new studio in Mountain View regarding the Lunar New Year Unity Parade; the Cupertino Chamber of Commerce mixer at the Hilton Garden Inn; and the World Journal Mother's Day festival. Council members also highlighted upcoming events including on Wednesday, the CREST awards (Cupertino Recognizes Extra Steps Taken) and a press release regarding library fundraising, and the budget study session next Monday. CLOSED SESSION - None ADJOURNMENT At 8:3.7 p.m. the meeting was adjourned to Monday, May 24 at 3:30 p.m. for a budget advisory session in City Hall Conference Room C, 10300 Torre Avenue. .~ Kimberly Smit 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 from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364.