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04. Draft Minutes May 24, 2010 Cupertino City Council Page 2 • Blackberry Farm Golf irrigation upgrades • Monta Vista storm drain system • Linda Vista ponds • Sports Center pool demolition& sports court • Various park path&parking lot repairs • A temporary dog park on Mary Ave. • McClellan Ranch environmental classroom and Blacksmith Shop • Various trail resurfacing at school sport fields • Civic Center AV upgrades • Scenic Circle access Mr. Knapp also noted the funded major Capital Improvement Projects for FY 2011-2012 and beyond, which included Lawrence Mitty Park; Quinlan Center interior upgrades; Memorial Park dugout/scorekeeper facility; and Blackberry Farm Golf Shop upgrades. He said that some requests for funding not included in the proposed budget included: Sustainability Plan; commercial allocation & rezoning for BQ/GPA; accessibility & green building consultants; and consultants for valuation of our water company. Council asked questions of staff and listed other items they may wish to include in the budget, Library parking, Historical Society, Matrix software; and health data collection relating to potential pollution from Lehigh. Other potential items were the unfunded Capital Improvement Project list from page 79 of the proposed budget document including: Linda Vista Park Ponds restoration; City Hall remodel; Sports Center gymnasium; Skate park; additional tennis court lighting at Sports Center; Lawrence Mitty Park additional funding; Simms property; Stevens Creek Trail to Bay study; Stoclkmeir property; Stevens Creek Trail bridge over Union Pacific Railroad; and Tankhouse completion. B. Overview of Budget Administrative Services Director Carol Atwood reviewed a PowerPoint presentation which highlighted General Fund trends, revenues, operating expenditures, reserves, and policy levels; Capital Improvement Fund reserves and policy levels; and Fiscal Strategic Plan Committee recommendations. Council asked questions of staff. 4-2 I May 24,2010 Cupertino City Council Page 3 C. Departmental Budgets Ms. Atwood highlighted the changes to the departmental budgets including: Council and Commissions; Administration/Attomey/Public Information Officer (PIO); Administrative Services; Law Enforcement; Parks and Recreation; Community Development; and Public Works. She clarified that the Euphrat Museum amount from page 4 of the Budget Message should actually read$6500. Council asked questions of staff. Council recessed from 8:40 p.m. to 8:48 p.m. D. 5 Year Capital Improvement Program (CIP) Public Works Director Ralph Qualls gave an overview of the Capital Improvement Program (CIP) items from the proposed budget including the unfunded items. The Linda Vista Ponds project was removed from the unfunded list because it is partially funded and another $1.5 million was added for the Lawrence Mitty Park on the unfunded item list. City Architect Terry Greene gave a PowerPoint presentation on the Linda Vista Park pond restoration alternatives. E. Questions and Answers Council asked questions of staff. F. Public Comments Mayor Wang noted that three people who had turned in speaker cards had left: Margaret Kung was in support of the Euphrat Museum funding; David Greenstein was in support of the CIP Monta Vista Storm Drain project; and Jim Jackson was in support of the Euphrat Museum funding. Sujatha Suresh said that she would like the storm drain on Orange Avenue and Lomita to be fixed. Cathy Helgerson suggested that the Council get a full copy of the budget rather than a summary for the study session. She said that children are not allowed to use the facilities at the Sports Center and she would like the Teen Center to include more activities. She also spoke about pollution in the streams and wells at Stocklmeir going to the golf course; two wells on Stevens Creek and on the Stocklmeir property shouldn't just be abandoned - they must be opened or gotten rid of and the water should be tested first; and she felt that Council should dispose of the Stocklmeir property. She suggested that the Council look into the bid process and cost of living for shf:riff s salaries in order to save money. 4-3 May 24, 2010 Cupertino City Council Page 4 Jennifer Griffin said that she wanted to be sure that funding an extra day at the Library wouldn't mean that the sidewalks or street trees in the City wouldn't be given back to the property owners to maintain. She also said that she heard the library was eligible for some property tax funding and she wanted to hear more about that. She thanked Council for the Sterling Barnhart Park and said she is glad to see the Lawrence Mitty Park still being considered. Ms. Griffin added that she wanted to be sure there was adequate staffing and patrols to protect the residents when the park goes online. Ms. Atwood clarified that the Library funding wouldn't affect any sidewalks or street trees. Council member Mahoney also stated that the Fiscal Strategic Planning Committee has no recommendation to move forward with any kind of transfer of maintenance for trees or sidewalks to fund extra Library hours. Jan Rindfleisch, Director of the Euphrat Museum of Art at De Anza College, said that the museum is a community asset, and she thanked Council for already putting in $6500 in the budget. She asked Council for an additional $8500 for a total of$15,000 as a collaborative effort between the City and the museum. She talked about all the programs the museum offers. Tom Dyer said that he is happy that the Orange Avenue drainage system is going to be considered in the budget. Darryl Stow, President of the Cupertino Historical Society, requested funding for the Historical Society. He noted that they need funding for an Executive Director but would like to begin more realistically with funding of $10,000 per year, to design a new exhibit for the museum showing Cupertino's artifacts. He also talked about Stocklmeir and suggested putting in some historical exhibits. He answered questions from Council. G. Council Comments The Council members decided to defer comments until the first public hearing on June 1. Council discussed.moving the June 15 meeting to June 9. This action will be agendized for the meeting of June 1. ORAL COMMUNICATIONS - none 4-4 I May 24, 2010 Cupertino City Council Page 5 CLOSED SESSION - At 11:00 p.m., Council recessed to a closed session. 2. Conference with labor negotiator(Government Code 54957): a. Agency negotiator: David Knapp b. Employee organization: Operating; Engineers Local Union No.3 (OE3), Cupertino Employee's Association(CEA), Unrepresented, and City Attorney Group At 11:30 p.m. Council reconvened, and Mayor Wang announced that no action was taken. ADJOURNMENT Adjourn to 3:30 p.m. on Tuesday, May 25, 2010, in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, for Teen Commission interviews. Grace Schmidt, Deputy City Clerk 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.cl=ino.or_g: Click on Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or , then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 4-5 C U P E RT I N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, May 25, 2010 ROLL CALL At 3:35 p.m. Mayor Kris Wang called the meeting to order in City Hall Conference Room A, 10300 Torre Avenue,Cupertino, California. Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. COMMISSION INTERVIEWS 1. Interview applicants for vacancies on the Teen Commission. The City Council interviewed 43 applicants from grades eight through twelve. The following 4 individuals were appointed to 2-year terms: Kailash Sundaram Jacqueline Do Anand Hemmady Hadar Sachs ORAL COMMUNICATIONS -None ADJOURNMENT At 8:45 p.m. the meeting was adjourned. 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. 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, 777-2354. 4-6 all CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday,June 1, 2010 ROLL CALL At 6:30 p.m.,Mayor Kris Wang called the meeting;to order in the Council Chamber. Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION 1. Conference with labor negotiator (Government Code 54957.6). No documentation in packet: a. Agency Negotiator: City Manager and Director of Administrative Services b. Employee organizations: Operating Engineers Local No. 3 and Cupertino City Employee's Association At 6:30 p.m. Council recessed to a closed session to discuss these two items. At 6:45 p.m., Council reconvened in open session. Mayor Kris Wang announced that Council gave direction to the agency's negotiator, and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lead the Pledge of Allegiance. CEREMONIAL MATTERS—PRESENTATIONS 2. Proclamation for Their Future is Now? recognizing the remarkable accomplishments of the group which have benefitted the entire community. (No documentation in packet). Mayor Wang presented the proclamation to Linda Snell, a nurse with the Cupertino Union School District. Ms. Snell thanked the parents, residents, businesses, and the Cupertino community for their phenomenal support. She said that over 5,000 donors made contributions, and along with employee furloughs, that saved over 100 teachers from lay-offs and prevented a 50% class size increase in primary grades. Ms. Snell 4-7 June 1,2010 Cupertino City Council Page 2 thanked the Council members for their individual efforts, and said that there will likely be ongoing State budget cuts in education so everyone must stay unified in their resolve. POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Item 7, Investment Policy • Corrected page 7-6, last paragraph now reads "Minimum eligibility criteria for dealersibrokers include a minimum of$1 billion in assets..." Item 15, 10642 North Portal Avenue, • Copies of staff PowerPoint presentation Item 16, Historic Preservation Policy and General Plan Amendment: • Amended first page of the staff report showing the corrected application number CP- 2010-02 • Excerpt of the Cupertino Planning Commission minutes of May 11, 2010 • Copies of the staff PowerPoint presentation Item 17, "Kiddie Academy" • Memorandum summarizing the Kiddie Academy Transportation Engineering Study • Letter from attorney representing Dr. and Mrs. Traina opposing the conditional use permit • Copies of the staff PowerPoint presentation Item 18,Nine-Month Trial Dog Park at Mary Avenue • Email of support from Betsy Dougherty • Email of opposition from Alice Ramsauer • Email of opposition from Cathy Helgerson Item 19, Brush Abatement • Updated list of parcels which require brush abatement ORAL COMMUNICATIONS Patricia Brown and Carol Reppucci, representing the American Cancer Society, discussed the upcoming Relay for Life and California Cancer Research Act. She said that the Act could raise over half a billion dollars annually for cancer research by raising the cost of cigarettes and other tobacco products. Sixty percent of that money would go into research and treatment, with the resting going into education and helping people quit smoking. They need people to sign the petition by June 12, and copies of it will be available at locations throughout the city. More information is available at http://relayforlife.org/cupertinoca. 4-8 June 1, 2010 Cupertino City Council Page 3 CONSENT CALENDAR—CITY COUNCIL AND REDEVELOPMENT AGENCY Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 7 mid 12 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.Noes: None. Abstain: None. 3. Approve the minutes from the August 4, 2009 Redevelopment Agency meeting. 4. Approve the minutes from the May 18 Ciq Council meeting. 5. Adopt resolutions accepting Accounts Payable for May 14 and 21, Resolution Nos. 10- 101 and 10-102. 6. Adopt a resolution accepting Payroll for May 14, Resolution No. 10-103. 8. Adopt a resolution approving the destruction of records from the Parks & Recreation (Senior Center) and Community Development (Planning) departments, Resolution No. 10-104. 9. Adopt a resolution expressing the intent to vacate a portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Raaf Resolution No. 10-105. The owner of this parcel petitioned the City to vacate a portion of the existing right of way, adjacent to his property, which is no longer needed for roadway purposes. 10. Authorize support for AB 1784(Fong)-regarding local roadway projects. This legislation allows the Santa Clara Valley Transportation Authority (VTA) to enter into agreements with any of the 15 cities vfithin Santa Clara County, or with the County, to improve a local roadway facility under their mutual jurisdiction. 11. Move the June 15 City Council meeting to June 9 beginning at 6:45 p.m. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR(above) 7. Adopt the amended City Investment Policy for 2010. Corrected page 7-6, last paragraph naw reads "Minimum eligibility criteria for dealers/brokers include a minimum of$1 billion in assets..." Council member Chang said he had pulled this item to note that the original contained a typographical error, and he thanked staff for distributing the corrected page. Santoro moved and Chang seconded to adopt the amended City Investment Policy for 2010. The motion carried unanimously. 4-9 June 1, 2010 Cupertino City Council Page 4 12. Consider fee waiver for Their Future is Now? of approximately $280 in facility use fees for the use of the Cupertino Room for a volunteer recognition event on May 21, 2010, from 4:30 p.m. until 8:00 p.m. Council member Santoro said that normally he was opposed to waivers, but in this case he was overwhelmed by what the parents had done to bring more money into the schools. Santoro moved and Chang seconded to waive the fee for the May 21 event. The motion carried unanimously. PUBLIC HEARINGS- CITY COUNCIL AND REDEVELOPMENT AGENCY 13. Conduct the first of two public hearings on the 2010-11 budget. Administrative Services Director Carol Atwood distributed a list of follow-up questions from Council and the answers provided by staff. She said this year is a "hold-the-line" budget, and although Cupertino has fared better than other cities, it has also been affected by the recession. She said that there is a projected shortfall of$1.8 million over each of the next two years, mostly due to declines in transient occupancy taxes, sales taxes, and other fees, as well as State take-sways. A staffing freeze is in place and the City only recruits as needed. Atwood explained that the City will keep a policy reserve of$13.195 million, but will have to tap into the undesignated reserve in two years to meet the shortfall. The public hearing was opened at 7:40 p.m. Mr. Derek Wolfgram, Deputy County Librarian, discussed the Cupertino Library budget and showed slides comparing the contributions madeby the City and the Santa Clara County Joint Powers Authority (JPA). He discussed various staffing alternatives, including one that would keep the library open 7 days a week while shortening the hours. He said that these options were just put together yesterday and had not yet been reviewed by the Cupertino Librarian Mark Fink. Council member Gilbert Wong asked staff for a copy of the 2007 staff report about library funding so he could understand how it was developed at that point in time. The Council asked Mr. Wolfgram to email them before next Wednesday with some options for funding library hours which would cost less than the City is currently paying. Ms. Kathy Stakey asked the City Council if they would consider putting the Cupertino Library hours into the City's budget as a permanent line item each year. She also asked that if the Council decides to reduce the funding for library hours, to please consider carefully what hours it should be closed and which segments of the population would be affected, such as students, who use it after school and on weekends, and the rest of the community that use it while students are in school. 4-10 June 1, 2010 Cupertino City Council Page 5 Council member Orrin Mahoney suggested that the Library Commission members provide Council with feedback regarding the potential reduction in hours. Jennifer Grim agreed with the previous speaker that the Library should have a stable source of funding. She also talked about how excited the community is to see progress on two parks in the eastern end of Cupertino. Michael Gottwald asked the Council to keep the Library open seven days a week because both youth and elderly rely upon it. This item was continued to Wednesday, June 9. RECESS The Council recessed from 8:40 p.m. to 8:55 p.m. PUBLIC HEARINGS - CITY COUNCIL 14. Consider adopting a resolution approving 1.he renewal and collection of the existing storm drain fees at no increase in rates for fiscal year 2010-2011, Resolution No. 10-106. Wong moved and Mahoney seconded tc adopt Resolution No. 10-106. The motion carried unanimously. 15. Consider Application Nos. TM-2010-02 (EA-2010-01), Z-2010-01, V-2010-01, Pam Yoshida (Richard Gregersen) 10642 North Portal Avenue, APN Nos. 316-25-054, 316- 25-047, 316-25-048 (continued from May 18): a. Adopt a Mitigated Negative Declaration b. Subdivide 0.618 acres into two single-family residential lots of approximately 11,737 and 13,982 gross square feet with an exception area of 1,211 square feet in the City of Sunnyvale C. Prezone and Rezone 0.028 acres :From the City of Sunnyvale to pre-R1-7.5 and 0.590 acres to R1-7.5 d. Variance to allow a lot width of 55 feet in an R-1 zoning district where 60 feet is required e. Conduct the first reading of Ordinance No. 10-2059: "An Ordinance of the City Council of the City of Cupertino approving the prezoning and rezoning of approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of Sunnyvale to pre-RI-7.5 (Single-Family Residential, 7,500 square feet minimum lot size), and a rezoning of 0.59 acre from Al-43 to R1-7.5 for property located north and abutting to 10642 North Portal Avenue(APN's 316-32-047, -048)" 4-11 June 1, 2010 Cupertino City Council Page 6 The City Clerk distributed copies of the staff PowerPoint presentation. Senior Planner Colin Jung reviewed the staff report. He noted that a portion of this property is located in Sunnyvale, and approval of the project would result in a lot of 55 feet, so the applicant has requested a variance to allow a 55 foot front lot where 60 feet is normally required. He explained that the lots would be large enough to accommodate R-1 homes, with an extra large garage. Staff recommends an easement from Lot 1 to Lot 2 in order to address stormwater retention/detentions. Jung said that the Planning Commission recommended that disclosures be recorded on the property notifying land purchasers of mitigations to alleviate interior noise and air impacts. He noted that the Bay Area Air Quality Management District (BAAQMD) is meeting to consider new air regulation standards,particularly near heavily used transportation corridors. Mr. Marvin Bamburg, an architect representing the investors, said they find the conditions acceptable, and the easements will keep everything fair and well maintained. City Attorney Carol Korade said that a final condition of the final map could be to add a clarification that they would submit an appropriate maintenance agreement that would be recorded to cover all of the parcels in the cul-de-sac. Mr. Stuart Chessen said he lived a few houses away, and most of the neighbors are in favor of the project as long as privacy issues are considered when the home is built. The only real concern was the driveway, which will be shared by four different homes, so that must be taken into account. The public hearing was closed at 9:00 p.m. Council discussion followed regarding the requirement for recording information about air quality mitigations when there is no current standard for air quality close to freeways. The Community Development Director explained that the California Environmental Quality Act (CEQA) permits the Council to consider potential impacts, and staff knows that there is draft language in the works. However, this project would not be subject to any future regulations that may be adopted, only the conditions shown on page 34 of the staff report. Wong moved and Mahoney seconded to adopt the Mitigated Negative Declaration. The motion carried unanimously. Mahoney moved and Wong seconded to prezone and rezone 0.028 acres from the City of Sunnyvale to pre-Rl-7.5 and 0.590 acres to R1-7.5. The motion carried unanimously. 4-12 June 1, 2010 Cupertino Ciby Council Page 7 Mahoney moved to approve the project with the additional restrictions as recommended with the additional requirements regarding rezoning, road maintenance agreements, and to delete item 5 which would require the CEQA air quality covenant. Wang seconded it for discussion. Wong offered a friendly amendment to include the staff-recommended wording about the storm drain. Mahoney and Wang accepted the amendment. Chang offered an amendment to the motion to require the air quality covenant. Wong seconded,and the motion carried with Wang and Mahoney voting no. Mahoney moved and Santoro seconded to approve the project with covenants for both air quality and noise; require([ additional storm drain wording; and required additional language about a maintenance agreement for the common roadway easement. Mahoney moved and Wong seconded to approve a variance to allow a lot width of 55 feet in an R-1 zoning district where 60 feet is required. The motion carried unanimously. 16. Consider approving the Historic Preservation Policy and related General Plan Amendment, Application No. CP-2007-03:, City of Cupertino, Citywide. City Planner Gary reviewed the staff report. Secretary's note: The application number in the original description was listed incorrectly;the correct number is GPA-2010-03. Community Development Director Aarti Shrivastava noted that on the last page of exhibit D, Montebello school should be listed as "outside city, owner, public quasi public." She also indicated she would correct the spelling of Elisha Stephens name in the photograph caption on page 16-25. Arlene Davis, representing the Cupertino Historical society, said that the Stocklmeir property is not representative of a particular type of architecture, but the historical designation was more a commemoration of the person who lived there. Jennifer Griffin said there is a lot of history in the area going back to the first Spanish explorers all the way up to current technology companies such as Apple, and this is a timely project. The City Clerk distributed the amended first page of the staff report showing the corrected application number CP-2010-02, an excerpt of the Cupertino Planning Commission minutes of May 11, 2010, and a copy of the staff PowerPoint presentation. Wang moved and Wong seconded to approve the Historic Preservation Policy and General Plan Amendment with changes to Attachment D to clarify that the Historic Mention sites are out of the City's jurisdiction; changing the definition of some 4-13 June 1,2010 Cupertino City Council Page 8 "Honorable Mention" sites to "Historic Mention"; and accepting the Planning Commission's recommendation for encouraging access to sites. The motion carried unanimously. 17. Consider a Use Permit to allow an 8,400 square foot daycare (Kiddie Academy) facility to operate at an existing commercial building. The application also includes a new outdoor play area in the existing rear parking lot, Application No. U-2009-09, Cindy Cheng (Cupertino Investment Partners, LLC), 19875 Stevens Creek Boulevard, APN 316-21- 031. The City Clerk distributed a memorandum summarizing the Kiddie Academy Transportation Engineering Study, a letter from attorney representing Dr. and Mrs. Traina opposing the conditional use permit, and a copy of the staff PowerPoint presentation. City Planner Gary Chao reviewed the staff report. He noted that the applicant wishes to operate the child care center from 6:30 a.m. to 6:30 p.m., but staff recommends a 7 a.m. start. He said the public had stated concerns about the need for a masonry wall along the east property line; concerns with the one-way driveway west of the project (but the Planning Commission changed that to a two-way drive; overall traffic impacts to North Portal, and that the trash enclosure should be farther from the play area. He added there is a key recommendation from the consultant regarding a left-turn pocket to allow for additional queuing. Mr. Eric Shanower, representing the. applicant, said they concurred with all of the recommendations of the Planning Commission and staff. Mr. Mahesh Vandrisakren, owner and operator of the facility, said they provided high- quality and nurturing child care, and they understood the value of early childcare education. Their service would be in the best interest of the community, and staff and parents will be educated to create the least impact possible in terms of safety, security, parking, and traffic. Mr. Chris Camarado, representing the Kiddie Academy, said the organization has over 100 locations in 21 states serving roughly 10,000 children per day. This location would be a franchise, and is licensed as such with the state of California. He said that child safety is their organization's primary concern, and a team visits regularly. Each parent is required to bring their child into the classroom, and must use a PIN code to access the room to drop off and pick up their child. He described other security measures on the facility, and said each franchisee must come for two-week training plus ongoing development training. Mr. Carmado discussed the parking requirements and said a child care use at this site requires fewer parking spaces than other potential uses, such as retail or medical uses. He said they agreed to install the 8-foot masonry wall before construction begins, as requested by the neighbors, and also provide shrub landscaping. They also agree to pay for a parking lot connection to the property on the west side if the Council desires. 4-14 June 1,2010 Cupertino City Council Page 9 Mr. Stuart Chessen said that he lives on Portal Avenue, and there are already traffic issues. He noted that the dentists' office underground parking would have drivers coming from a dark area into sunlight and entering the traffic flow of the driveway. He noted that the tenants were upset that they were not notified about this item, only the owners. He asked that all pathways be opened up. Catherine Sprinkles, the attorney representing the property to the east, said originally the entryway faced east and they had no objection, but now the orientation has been moved and her client's driveway will be used as a major ingress and egress for the child care center. She said this is not compatible with their office use, it creates hazards in the parking lot, and it concentrates the traffic. She said it is their view that her client is not required to grant an easement that is as intensive as this use, given its orientation. If the Council does require open access for the day care center, then the driveway should be opened all the way across so her client doesn't bear the full brunt of the traffic that comes from the back. City Attorney Carol Korade noted that on both properties, child care facilities are an allowed conditional use. Jeffery Etneier said he represented Stevens Creek Investors who owned the parcels to the west. He said that they were very concerned and had sent two letters regarding the use permit. He said that Council must find that it complies with present land use plans, and Cupertino's plans allow no more than 250Xi retail. Another required finding is that the use is not injurious to other properties in the vicinity, but property owners on both sides are objecting. Regarding access, they can explore the idea of making the driveway a little wider, but that will take some time. Mr. Tom Hugunin said he and his mother own the property to the north. They support installation of the wall before construction begins. They also supported the lighting mitigation plan, screening shrubbery, and the trash enclosure in new location A-1. They still had concerns about traffic on Portal flowing on to Wheaton. They preferred right- turn only exiting onto Portal Avenue. Wong moved and Mahoney seconded to approve the use permit, open up the rear parking lot to both of the properties to the east ,and west; maintain a 18.5 foot clear two-way driveway along the west side of the project building. Also, the utilities along the westerly driveway shall be relocated and shrubs shall be cleared to ensure maximum driveway width, and the daycare may open at 6:30 a.m. Chang offered a friendly amendment to begin operations at 7:00 a.m., but the motion died for lack of a second. Chang offered a substitute motion to change the starting time to 7 a.m. and put in a speed bump. The motion failed for lack of a second. 4-15 June 1, 2010 Cupertino City Council Page 10 The original motion carried unanimously. RECESS The City Council recessed from 12:08 p.m. to 12:15 p.m. UNFINISHED BUSINESS 18. Receive a report on the preliminary elements for a nine-month trial of a fenced dog park at the Mary Avenue site. The City Clerk distributed an email in support of the dog park from Betsy Dougherty, and emails opposing the dog park from Alice Ramsauer and Cathy Helgerson. Parks and Recreation Director Mark Linder reviewed the staff report, and asked that the Council provide guidance to staff at this time. The Council can make their final decision next week when they adopt the annual budget. Mr. Ted Hattan, representing the Glenbrook property owners, said they have concerns that the new dog park will increase the number of dog owners who walk in front of the Glenbrook neighborhood, and their pets relieve themselves on the landscaping, which is the responsibility of the Home Owners Association (HOA) to repair. He was also concerned about noise and smell from the park. He said that, speaking as an individual, he felt the money could be put to better use. Mr. Stuart Chessen noted that the Humane Society in Milpitas charges for use of the dog park, and they have electronic gates to restrict hours of use. He said that there are other dog parks in San Jose, Saratoga and Sunnyvale where dogs of all sizes share the park. He also suggested that instead of paying to have tree stumps removed during this trial period that they are covered up with traffic cones. Council member Santoro said that card access was not necessary for the trial phase, nor did he think the blue tags and voice control requirements were necessary for a fenced area. The proposed fence around a dirt area is okay. Since this is public land which should be maintained anyway, there is no need to attribute tree trimming costs to the dog park. He was slightly in favor of separated areas for large and small dogs, but could go either way. He did not think the trial park needed a drinking fountain yet. Council member Chang said he preferred.the current layout, since large dogs need room to run. He did think that a water fountain was necessary. Council member Mahoney said he did not want to drop the quality too much, because they needed critical mass to make it successful. He might be willing to spend as much as $100,000. 4-16 June 1, 2010 Cupertino City Council Page 11 Vice-Mayor Wong said he was okay with the $100,000 estimate, and next week if the Council decides to approve the trial dog park, they can decide how it will be implemented. This item will be returned for further discussion and action during the budget discussion on June 9. NEW BUSINESS 19. Consider objections to the roposed removal of brush, and adopt a resolution ordering the abatement of public a nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 10.096, Resolution No. 10-107. City Clerk Kimberly Smith distributed an updated list of seven remaining parcels which had not yet'passed inspection. She explained that Resolution No. 10-107 authorized the County Hazardous Vegetation division to abate the brush if the property owner had not already done so. The City Clerk distributed an updated list of parcels which require brush abatement. There were no objections from the audience to the proposed removal. Mahoney moved and Wong seconded to adopt Resolution No. 10-107. The motion carried unanimously. 20. Consider adopting an ordinance amending Chapter 2.86 of the Cupertino Municipal Code regarding the expansion of the Housing Commission's duties to include oversight of the Community Development Block Grant(CDBG)program, Ordinance No. 10-2062. First reading of Ordinance No. 10-2062: "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.86: Housing Commission, of the Cupertino Municipal Code expanding the Housing Commission's responsibilities to include Community Development Block Grant (CDBG) oversight. The City Clerk read the title of the ordinance. Wong moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong.Noes: None. 21. Adopt a resolution to consider approving; a Disposition and Development Agreement (DDA) between the City of Cupertino and Habitat for Humanity to transfer property on Cleo Avenue from City ownership to Habitat for Humanity Silicon Valley ownership, Resolution No. 10-108. Mahoney moved to adopt Resolution No. 10-108 approving the DDA as recommended in the model resolution, and including the two minor changes: 4-17 June 1, 2010 Cupertino City Council Page 12 1. Any reference to using City funding for mortgage assistance will change to include predevelopment costs; and 2. Add the following language to Section 5.2 on page 13 of the DDA: "If construction is delayed due to an unforeseeable or unanticipated reason, the parties may mutually agree upon an extension of time. Any extension of time shall be reflected in writing." Wang seconded for purposes of discussion. Wong offered a friendly amendment to continue this 'item to July 20 so that more information could be provided. Mahoney and Wang accepted the motion to continue. Senior Planner Vera Gil noted that a delay would put the agency at risk of not receiving State funding that had been released in April,which is on a first-come, first-serve basis. Chris Weaver, representing Habitat for Humanity, explained that they were in the middle of a funding cycle right now, and if they apply in June they can be wrapped up by end of the year and can start construction in January. She said that if they cannot make the application now, it will delay the start date by at least six months. City Attorney Carol Korade said that based upon the applicant and past experience with Habitat for Humanity there is sufficient legal protection to proceed. Wong withdrew his request to continue the item, and a vote was taken on the original motion.Resolution No. 10-108, as amended,was approved unanimously. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS -None. ADJOURNMENT At 1:15 a.m. on Wednesday, June 2, the meeting was adjourned to Wednesday, June 9 at 6:00 p.m. for a closed session and for a regular adjourned meeting to discuss business items (the June 15 meeting will be cancelled). The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino. Kimberly Smith, City Clerk 4-18 June 1, 2010 Cupertino City Council Page 13 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas &Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are availably; at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364. 4-19 CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Wednesday,June 9, 2010 ROLL CALL At 6:03 p.m. Mayor Kris Wang called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Council members present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION 1. Conference with labor negotiator (Government Code 54957). No documentation in packet: a. Agency negotiator: Carol Atwood b. Employee organization: Operating Engineers Local Union No.3 (OE3) and Cupertino Employee's Association(CEA) ADJOURNMENT At the conclusion of this item, Council adjourned the special meeting and continued the closed session to take up item number 2 as noted on the June 9 regular adjourned meeting agenda noticed for 6:00 p.m. Grace Schmidt, Deputy City Clerk 4-20 CUPERTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting CUPERTINO REDEVELOPMENT AGENCY Regular Adjourned Meeting Wednesday, June 9, 2010 ROLL CALL At 6:03 p.m. Mayor Kris Wang called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Council members present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. Redevelopment Agency members present: Chair Kris Wang, Vice-Chair Gilbert Wong, and Agency members, Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION At 6:03 p.m., Council went into closed session: 1. Conference with labor negotiator (Government Code 54957). No documentation in packet: a. Agency negotiator: Carol Atwood b. Employee organization: Operating Engineers Local Union No.3 (OE3) and Cupertino Employee's Association(CEA) This item was discussed at the closed session noticed for 5:55 p.m. 2. Conference with Real Property Negotiator (Government Code 54956.8). No documentation in packet: a. Property: 10800 Torre Avenue, Cupertino, CA b. Negotiator: Terry Greene C. Negotiating parties: City of Cupertino and Streeter and Sons, dba Coffee Society d. Under negotiation: Lease -Price aj:id terms of payment 4-21 June 9, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency At 6.55 p.m., Council reconvened in open session. Mayor Wang announced that for item No. 1, Council gave direction to the labor negotiator, and no action was taken. For item No. 2, Council gave direction to staff to the real property negotiator, and no action was taken. PLEDGE OF ALLEGIANCE Mayor Kris Wang led the Pledge of Allegiance. CEREMONIAL MATTERS—PRESENTATIONS 3. Presentation from the De Anza Optimist_Club recognizing the Outstanding Officer in Servicing the Community. (No documentation in packet). This item was postponed to July 20. 4. Proclamation recognizing Relay for Life in Cupertino which honors cancer survivors, educates the general public about the importance of early detection and prevention of cancer, and raises funds in the fight against cancer. (No documentation in packet). Mayor Wang presented a proclamation to Sherry Snow and to a woman representing Relay for Life in Cupertino. 5. Proclamation recognizing Lucille Honig for her many years of service as Chair of the Toyokawa Sister City Committee. (No documentation in packet). Mayor Wang presented a proclamation to Lucille Honig. She also presented a proclamation to Ms. Honig from the Mayor of Toyokawa. Michael Gottwald thanked Ms. Honig for her years of service and said she was a true hero and an inspiration to the residents of Cupertino. Mayor Wang also presented a proclamation Recognizing Chunming Yu for being a prolific member of the artistic community. Mayor Wang also. recognized The Five Cheeses group for being the 2010 Destination Imagination global finalists. She showed a picture plaque that the group had sent to Council. 6. Presentation from the Cupertino-Hsinchu Sister City Association regarding the recent student exchange visit to Hsinchu. Janice Sung, President of the Hsinchu Sister City Committee Association, discussed the student exchange visit which occurred in April 2010. Shashi Sharma, Language Arts teacher at Kennedy Middle School and Chaperone on the exchange, talked about her experience during the visit. 4-22 June 9, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency Three students, Casey, Andrew, and Sonia also shared their experiences from the visit. Hsing Kang congratulated Barry Chang upon his election and presented him with a calligraphic picture representing words to live by. POSTPONEMENTS-None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: Item No. 10,2010-11 Budget • Council follow-up items, a worksheet showing fund reserve changes, and a staff PowerPoint presentation • Summary of comments from the Parks and Recreation Commission • Negative Declaration for the General Plan conformance with the Five Year Capital Improvements Program • Email from Deputy County Librarian Derek Wolfgram regarding additional library hours • Email from Rhoda Fry requesting funding for the Cupertino Union School District Their Future is Now program and to look for opportunities to save money • Email requesting additional funding for equipment and maintenance of the cricket pitch from Hemant Buch • Email supporting funding for Cupertino schools from Barry Chang, Linda Sell, Ying and Teru park • Email supporting funding for Deer Hollow Farm at Rancho San Antonio from Marilyn Howard • Emails in support of funding for Scenic Circle trail access from Suman Ganapathy, Carol Stanek, and Anne Ng Item No. 11, proposed Mary Avenue Dog Park: • Diagrams of proposed dog park,Alternatives A, B, and C from staff • Emails opposing the location of the dog park from David Coulson, Steve Hu and family, Abhay Baokar, and Xiaoyin Liang Item No. 12, energy'savings performance contract with Siemens Building Technologies: • A chart titled Self-Financing vs. Debt Fin;mcing, Effect on General Fund Reserves from staff ORAL COMMUNICATIONS - none 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. 4-23 June 9,2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.Noes: None. Abstain: None. 7. Adopt a resolution accepting Accounts Payabl_e for May 28,Resolution No. 10-109. 8. Adopt a resolution accepting PWoll for May 28,Resolution No. 10-110. 9. Adopt a resolution authorizing an application to the State of California for grant funding from the Nature Education Facility Program, Resolution No. 10-111. ITEMS REMOVED FROM THE CONSENT CALENDAR(above) -none Mayor Wang announced that item Nos. 10, 11, and 12 would be discussed concurrently. 10. Receive public comments, discuss, and adopt the 2010-11 budget: a. Grant a Negative declaration b. Adopt a resolution establishing an operating and capital budget for fiscal year 2010-11, Resolution No. 10-112 C. Adopt a resolution establishing an appropriation limit for fiscal year 2010-11, Resolution No. 10-113 d. Adopt a resolution establishing an operating_budget for the Redevelopment Agency, for fiscal year 2010-11, Resolution No. 10-01 UNFINISHED BUSINESS 11. Report on the evaluation of the scope alternatives for the proposed Mary Avenue Dog Park. 12. Recommend the following actions regarding permanent financing for the energy savings performance contract with Siemens Building Technologies: a. Approve using undesignated General Fund reserves of$1,133,845 to replenish the Economic Uncertainty reserves borrowed for the Siemens project b. Adopt Resolution No. 10-114 giving the City the option to obtain financing in the future for the project, if conditions warrant C. Amend the Economic Uncertainty I fund reserve policy to authorize that the City Council may approve borrowing up to 10% of the policy level, for a term not to 4-24 June 9, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency exceed six years, if payback of said reserves can be reasonably estimated and assured Administrative Services Director Carol Atwood reviewed the staff report for item No. 10, and Council asked questions of staff. At 8:35 p.m. Mayor Wang opened the public hearing. Ron Miller from the Cupertino Library Commission said that the commission strongly supports maintaining library hours. Mayor Wang interrupted the public hearing to hear staff report reviews for item Nos. 11 and 12. Parks and Recreation Director Mark Linder reviewed the staff report for item 11 and Finance Director David Woo reviewed the staff report for item 12. At 8:50 p.m. the public hearing recommenced. Donna Austin, past President and current Vice President of Membership for the Cupertino Historical Society, said that she supports funding for the museum displays. She also said she had served on the Stocklmeir Task Force and urged Council to preserve the Stocklmeir house and orchard to serve as a backdrop for the Legacy Farm concept. She also said she is on the Library Foundation and urged Council to keep the library hours the same. Kathy Stakey urged Council to fund the library to keep the current hours. She answered questions from Council. Adrian Kolb from the Cupertino Library Commission urged Council to keep the current library hours. Ann Stevenson from the Cupertino Library Commission urged Council to keep the current library hours. She answered questions from Council. Derek Wolfgram, Deputy County Librarian, responded to a question from Council about transaction-based reimbursement users outside the:Cupertino Library system. Susanna Tsai from the Cupertino Library Commission urged Council to keep the current library hours. She noted that Council could use the funds for the proposed dog park to fund the library hours. She answered questions from Council. Jan Rindfleisch from the Euphrat Museum of Art showed slides of art and urged Council to support funding for the museum. She answered questions from Council. 4-25 June 9, 2010 Cupertino City Council Page 6 Cupertino Redevelopment Agency Jean Gallup said that she is a library volunteer and empties the bins from people who donate materials to the library. She noted that people are very generous in their donations and that the library is in constant use. Darryl Stow, President of the Cupertino Historical Society, urged Council to fund a contract for a new museum exhibit and add funding to continue the work of cataloguing and protecting the current collection. He also urged Council to fund the preservation of at least the exterior of the Stocklmeir property as a good site for a Legacy Farm and urged Council to begin that process in conjunction with the Fremont Union High School District (FUHSD). He answered questions from Council. Jennifer Griffin said that having a parcel tax to support library hours is a good idea. She thanked Council for keeping the Lawrence Mitty Park on the 5-year plan and noted that residents are excited about the upcoming Sterling Barnhart Park. Tom Dyer, coordinator of the Strategic Stocklmeir Study Team, urged Council to continue support for the Legacy Farm concept and hopefully future build-out. David Villafana, President of the Cupertino Education Association, talked about financial issues with the Cupertino Union School District (CUSD) and suggested that the Cupertino Parks and Recreation department work in partnership with the school district for an environmental science program at McClellan Ranch and urged Council to continue funding those programs. He answered questions from Council. Linda Sell said that anything the City can do to partner with the schools would be helpful for the children. Jayaki Goel and Kanaga Lakshmi also urged Council to support the school district in any way they can. Christina Chu noted that she is member of the Their Future is Now! initiative. She thanked Council for its past support and urged Council to partner with the school district. Parks and Recreation Director Mark Linder answered questions from Council. John Tang, San Jose Water Company, talked about the letter of interest that the company sent to the City Manager. He explained that the letter presented some options to the City regarding either a lease extension or sale of assets that would allow funding for the Lawrence Mitty Park and other critical Capital Improvement Projects. He answered questions from Council. David Fung clarified that even though the CUSD has schools in other cities, most of the students come from Cupertino. He also noted that as opposed to other cities, some of the budget items the Council is considering could more easily be put aside in the interest of education. At 10:00 p.m. Mayor Wang closed the public hearing. 4-26 June 9, 2010 Cupertino City Council Page 7 Cupertino Redevelopment Agency Council recessed from 10:00 p.m. to 10:20 p.m. Council began discussing item Nos. 10, 11, and 12. Regarding item No. 12, energy savings performance contract with Siemens Building Technologies, Santoro moved and Wong seconded to approve item "a', to use undesignated General Fund reserves of$1,133,845 to replenish the Economic Uncertainty reserves borrowed for the Siemens project, but not to approve items "b" or "c". Mahoney added a friendly amendment to also approve item "b", to adopt a resolution giving the City the option to obtain financing in the future for the project. The friendly amendment was accepted. The motion carried unanimously. Council continued the discussion on the proposed budget, item No. 10, and the dog park alternatives, item No. 11. Regarding item No. 11, Santoro moved to approve Alternative A and give staff the option of adjusting the location of the dividing fence, to not charge a fee or have key card access, and to remove the requirement for voice control over thi,- dog, contingent upon budget approval. There was no second and Council continued its discussion. Council concurred to add $225,000 for Alternative A and authorized staff to go out for bids including add alternates such as water fountains, site furnishings, and key card access. Contingent upon the $225,000 approval in the proposed budget, item No. 10, the add alternates would be considered by Council with the award of the contract. Council discussed items in the proposed budget, item No. 10. Mahoney moved and Wong seconded, and the motion carried unanimously, to approve the proposed budget including the following items: • Add$25,000 for accessibility or green building consultants • Add $5,000 for Cupertino HistoricEd Society • Add$8,500 for Euphrat Museum • Add$100,000 for Library parking study • Add '$50,000 for Legacy Farm to be paid out of the Recreation Fund; add $400,000 in FY 11/12 from the Recreation Fund • Reduce Park and Building Maintenance budget by $100,000 to be identified by staff • Eliminate $100,000 for infrastructure reserve • Use the $29,000 mid-year placeholder to fund the above projects • Eliminate the $250,000 for the sports court • Eliminate $65,000 in Community Hall AV upgrades • Eliminate $275,000 for Linda Vista.Park ponds restoration 4-27 June 9, 2010 Cupertino City Council Page 8 Cupertino Redevelopment Agency • Eliminate $75,000 for the Sports Center tennis court ADA access • Move $50,000 for Stevens Creek tree evaluation from the Capital Improvement Project (CIP) budget and add to the Park and Building Maintenance budget (original amount$535,500) Wong moved and Mahoney seconded to grant a negative declaration. The motion carried unanimously. Wong moved and Mahoney seconded to adopt Resolution No. 10-112 establishing an operating and capital-budget for FY 10/11 according to the previous vote on the proposed budget approval including the additional items. The motion carried unanimously. Wong moved and Mahoney seconded to adopt Resolution No. 10-113 establishing an appropriation limit for FY 10/11. The motion carried unanimously. Wong moved and Mahoney seconded to adopt Resolution No. 10-01 establishing an operating budget for the Redevelopment Agency for FY 10/11. The motion carried unanimously. NEW BUSINESS -None ORDINANCES 13. Conduct the second reading of Ordinance No. 10-2059: "An Ordinance of the City Council of the City of Cupertino approving the prezoning and rezoning of approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of Sunnyvale to pre-R1- 7.5 (Single-Family Residential, 7,500 square feet minimum lot size), and a rezoning of 0.59 acre from Al-43 to R1-7.5 for property located north and abutting to 10642 North Portal Avenue (APN's 316-32-047, -048)" Wong moved and Mahoney seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.Noes: None. Wong moved and Mahoney seconded to enact Ordinance No. 10-2059. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.Noes: None. 14. Conduct the second reading of Ordinance No. 10-2062: "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.86: Housing Commission, of the Cupertino Municipal Code expanding the Housing Commission's responsibilities to include Community Development Block Grant(CDBG) oversight. Wong moved and Mahoney seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.Noes: None. 4-28 June 9, 2010 Cupertino City Council Page 9 Cupertino Redeve'1opment Agency Wong moved and Mahoney seconded to enact Ordinance No. 10-2062. Ayes: Chang, Mahoney, Santoro, Wang, and Wong.Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 2:00 a.m. Thursday, June 10, the Redevelopment Agency meeting was adjourned. At 2:00 am. Thursday, June 10, the City Council meeting adjourned to Tuesday, July 20 from 3:00 p.m. to 6:00 p.m. for a study session regarding Lehigh air quality, Cupertino Community Hall, 10350 Torre Avenue. The June 9 meeting will replace the regular meeting of June 15. The meeting of July 6 has been cancelled. Grace Schmidt,Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.gwel-tino.org. Click on Agendas &Minutes,then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.or . Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 4-29