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CC 02-02-04CUPEP TINO PLEDGE OF ALLEGIANCE APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, February 2, 2004 At 6:47 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval (7:58 p.m.), and Kris Wang. Council members absent: none. 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, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with representatives Dick Whitmore, David Knapp, Carol Atwood, Ralph Quails, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. This closed session was tabled. Another closed session was held later in the evening. Mayor James reordered the agenda to discuss item 12 next. NEW BUSINESS 12. Presentation from Fremont Union High School District (FUHSD) regarding projected number of students from new developments. (No documentation in packet). Stephen Rowley, Superintendent of the Fremont Union High School District (FUHSD), gave a slide presentation titled "School Capacities and the Impact of Growth." He said that this year the district expects no new revenues, additional State budget cuts, and health care costs are increasing. He explained that, both locally and nationally, there is a large increase in the number of students coming into high schools. He said that next year FUHSD expects 400 more students, and they must absorb the costs associated with those students. February 2, 2004 Cupertino City Council Page 2 He said that commercial growth in Cupertino and Sunnyvale brings tax dollars into the district, and increases in property tax are also beneficial, but demographic growth has a negative impact. He added that new development can be either good or bad for the district's capacity. Rowley explained that a "revenue limit" means the schools receive a blend of both local and property taxes, as well as some state aid. ' As property tax increases, state aid decreases and districts become "basic aid" districts. He said that FUHSD is one of the poorest basic aid districts, and that not all districts have the same limits. Rowley said that currently there is $6,120 per student, and in 2004-05 that is expected to drop to $5,759 per student because of the extra 400 students coming into the system from the 9th grade. Rowley also discussed school capacity and enrollment figures, and said in 2003-04 there were 100 spaces available, but in 2006-07 that will drop to a negative 54 at Cupertino High School. He said that can probably be managed, but in Fremont and Homestead the impacts on capacity are much more severe. He explained that for each home valued at $1 million, schools receive about $1,800. He noted that it typically costs $6,000 per student to provide services, unless they are special education students, which cost an additional $15,000 per child. Rowley said that they feel their enrollment projections and capacities are very accurate, but there is really no way to anticipate the impact on education costs of a specific development, given the margin of error. He said that their concern was less about growth than demographic dynamics. Mike Refetto, Assistant Superintendent, said that city staff provides the district with information about pending application, and projections are developed on a case-by-case basis. He said that they do not consider cumulative impacts of multiple developments unless the complex will bring in a couple hundred students, and he explained that the district's greatest role occurs at the time of General Plan changes Rowley said that the school district would be exploring a parcel tax, which they feel would be the best way to restore funding to the high school district. Council received the report, and no action was taken. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None February 2, 2004 Cupertino City Council Page 3 ORAL COMMUNICATIONS Kathy Stakey, representing the Friends of Cupertino Library, said that Council had discussed closing the library on Sundays. She said that was a matter of great concern, because it is one of the library's busiest days, and one of the few available for families to go together. She asked if the Council could publicize this issue to the community to be heard prior to a decision. Dorothy Stow, Los Ondas Way, said that the March 2 election would include Measure B, which would keep the Santa Clara Library system strong. She explained that the current voter- approved parcel tax, which provides 21% of the library system's budget, would end this year, that Measure B would extend the tax for 7 years at a cost of $42 per year per parcel. She said that if the measure fails, there would be reduced library hours, fewer books and research materials, and fewer literacy programs. She encouraged people to get involved by contacting her. CONSENT CALENDAR Lowenthal/Kwok moved and seconded to approve th~ items on the Consent Calendar as recommended, w/th the exception of No. 6 that was pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: None. Absent: Sandoval. Adopt resolutions accepting Accounts Payable for January 16 and 23, Resolution Nos. 04-252 and 04-253. 3. Adopt a resolution accepting Payroll for January 16, Resolution No. 04-254. 4. Accept the Treasurer's Budget Report for December 2003. Adopt a resolution accepting the Treasurer/Deputy Treasurer appointment, Resolution No. 04-255. Adopt a resolution approving the final map of tract no. 9476, located on Stevens Creek Boulevard, Stevens Creek Apartments, a California Limited Partnership (Verona), and authorizing signing of final map, Resolution No. 04-257. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements), Tra Vigne Village and Plaza (Stevens Creek Investors, Inc.), APN 316-21-029. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Adopt a resolution authorizing staff to apply for California Department of Transportation Safe Routes to School Program, Cycle 5, grant funds for the Garden Gate Elementary School Neighborhood, and approving an additional appropriation of $27,500.00 to provide a total $47,500.00 in local match funds required for the City to receive the grant funds, Resolution No. 04-256. February 2, 2004 Cupertino City Council Page 4 Public Works Director Ralph Qualls explained that the staff report asks for an appropriation of funds, but at this time only a commitment is required, and the funds will be requested later if the grant is awarded. Kwok/Lowenthal moved and seconded to adopt Resolution No. 04-256. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: None. Absent: Sandoval. PUBLIC HEARINGS Consider adopting a resolution making determinations and approving the reorganization for territory designated as Monta Vista 02-07, consisting of approximately 43.41 acres of developed and undeveloped, unincorporated property generally bounded by Stevens Creek Boulevard, Union Pacific Railroad tracks, McClellan Road and Blackberry Farm, commonly known as Monta Vista, and the detachment of the same territory that is within the Santa Clara County Lighting Service Area, Resolution No. 04-258. Community Development Director Steve Piasecki reviewed the staff report and explained that it is a request to bring the unincorporated areas in the Monta Vista area into the City of Cupertino. He showed slides that included a map showing the areas to be incorporated, and a chart comparing this reorganization to other county pockets that were brought into the city. He explained that there is an alternate method that allows for areas less than 75 acres to be annexed regardless of protest, but that is not in keeping with the Council's policy of only annexing people who want to come into the city. Mayor James opened the public hearing at 7:48 p.m. to receive public testimony and protests. One additional written protest was received, and there were three speakers. Robert Levy, Wilkinson Avenue, said he hoped sufficient notice was provided, because when hearings were noticed on the Stevens Creek Trail and Regnart Trail, many people said they did not receive the information and only heard about it from friends. Mike Langberg, resident of Monta Vista, said he had seen many changes in the last 10 years, and those would continue whether or not the properties were incorporated into the City. He said he was concerned about sidewalks being put in, lax enforcement of building rules, etc., and felt that becoming a part of the city would give them a stronger voice in the outcome, since about 60% of the neighborhood is already in the city. Rhoda Fry, San Femando Avenue, said the influence of the City of Cupertino had degraded their quality of life, and she asked that it be fixed. Her suggestions included acknowledging the Town of Monta Vista's history, eliminating diesel buses from the neighborhood, improving the entrance to Blackberry Farm, instituting design reviews for new construction, and address problems such as power poles in middle of the street, two street lights next to each other, and even out the streetscape instead of alternating street and sidewalk. Mayor James noted that one reason for the current inequities is that the city and county have different standards. February 9, ~004 (~upertlno Qlty ~ouncll Page 5 Mayor James asked if any Monta Vista registered voter or property owner who had filed a protest wished to withdraw it. There were no requests for withdrawal, and Mayor James closed the public hearing at 7:55 p.m. and asked the City Clerk to determine the value of the submitted written protests. City Clerk Kimberly Smith said that an election could have been triggered if protests were received from 25% of the property owners that owned 25% of the total land valuation. She said that there were insufficient protests from property owners to trigger an election, because that required 25% of the property owners that owned 25% of the total land valuation, and that threshold had not been reached. She said an election could also be triggered if protests were received from 25% of the registered voters residing in the unincorporated pockets, but she could not make an immediate determination as to whether sufficient valid protests had been received. She asked that the item be continued so she could obtain the most current list of registered voters. KwokdWang moved and seconded to continue this item to February 17. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: None. Absent: Sandoval. PLANNING APPLICATIONS - None UNFINISHED BUSINESS 10. Review and approve mid-year budget adjustments for fiscal year 2003/04. At 7:58 p.m., Council member Dolly Sandoval was present. Administrative Services Director Carol Atwood reviewed the staff report and explained that at the January 20 meeting staff presented Council with $3.2 million in budget reductions. Council approved that with the exception of three items, and asked staff to identify additional cuts or revenues instead in lieu of eliminating $24,000 for actual costs for community festivals through June 2004. Atwood recommended that the Council make the following adjustments to the mid-year budget in lieu of charging for festivals. Election Cost Savings $10,000 Reduce Community Congress budget $10,000 Reduce Telecommtmication Legal budget $ 4,000 $24,000 Lowenthal/Sandoval moved and seconded to make the three adjustments as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. February 2, 2004 Cupertino City Council Page 6 11. Consider Donor Recognition Artifacts Conunittee report and give direction to staff on developing a policy. City Manager David Knapp reviewed the staff report and the request from the Cupertino Educational Endowment Fund (CEEF) for a donor recognition area in City Center Park. Kwok said he was concerned that, in terms of monetary contributions, this proposal was not consistent with Resolution No. 03-162, the policy for naming city facilities and recognizing donors. He said that the donation would come from CEEF, a nonprofit organization, and suggested that the phrase in the policy criteria be amended from "donor organization" to "recipients." He wondered whether other groups should also be allowed to participate, such as private schools and nonprofits that support education, including the Rotary Club or the YMCA. He also asked if the nonprofits should have the authority to put these items on city-owned property. Steve Andrews, member of the CEEF board, said that the organization has given over $8 million to the school district over the years, and that their intention was to install pavers in a public location, in that way giving recognition to those private citizens that have provided that money. Eleanor Watanabe, director of CEEF, asked for the Council's support, and said this is a wonderful way for CEEF and the City, as partners, to acknowledge the donors who support education. Council members discussed some changes to the policy criteria. Sandoval suggested that, when crafting the policy language, it should not specify just the City Center Park. She suggested that the staff recommendation at that time include putting the CEEF bricks in the city center park, which would differentiate the policy from the action. Kwok said that there was ample support from the other Council members to proceed with this project. He said he had a great deal of respect for CEEF, and he wanted potential donors to know that the City Council is united. Also, he felt the criteria changes addressed some of his concerns, so he would vote in support of a motion to proceed. Sandoval moved to make the changes in the policy criteria listed in the staff report (shown below) and direct staff to develop a policy for approving and install donor artifacts, including the criteria changes. Lowenthal seconded. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. The criteria changes were as follows: ih ......... l~.,~{; ......... 1,t ~.o ~.~;,~ *e The authorized foundations of public school districts only (i.e., I~amza~oo~h~ Foothill-De Anza Community College, Cupertino Union, Fremont Union High School February 2, 2004 Cupertlno City Council Page 7 13. 14. · Installing artifacts should be limited to City center Park only and the City exclusively will determine what space in the park is available and direct and approve the appearance and specifications for any donor artifact · The public school entity should bear all cost associated with installing the artifacts including but not limited to the design, fabrication, installation and any other incidental expenses associated with the installation · No installation of a combination of tiles, bricks, etc. should be permitted that would form a mosaic · The City :~eu!~ reserves the exclusive right to remove the donor artifacts as it deems appropriate. Discuss the possible restructuring of the Valley Transportation Authority (VTA) board (Request by Council member Sandoval). Sandoval recommended that the Council not support the suggestion by the City of Milpitas to expand the VTA board to 21 members. She said that if it were to be expanded so every city had a vote, then a small city such as Monte Sereno, with a population of 3,000, would have a vote with the same weight as Cupertino's population of 52,000 or San Jose's population of 93,000. She noted that if.the board were going to be larger than 15 members, it would require approval by the state legislature. Sandoval said that the West Valley cities have much stronger communication, and it is often looked upon as the model for discussion in the VTA. She said that the south and north-county groups are be encouraged to share their knowledge as they sit on the VTA board as members and alternates, and that packets are available electronically so all cities can stay up to date. Sandoval said that, in the future, the board might want to consider different city groupings that are based on size instead of geography. Review and adopt City Council goals for 2004. Council members reviewed the goals as revised at the January 9 study session, and made the following additional revisions: · Add the phrase "Items are not in priority order" at the top of the document · Goal 3, Parks, reorder the bullets as follows: (1) Complete the Stevens Creek Corridor Master Plan; (2) Complete the environmental review...; (3) Support the Cupertino Historical Society...; (4) Work with the Santa Clara Valley Water District...(5) Apply for grant funding; (6) Renew the Blue Pheasant lease. · Goal 7, Economic Development, amend the first arrow to read "Encourage, retain and support a healthy environment for retail growth" · Goal 8, General Plan, add a comment that a General Plan Task Force was established · Goal 9, Public Safety, add an arrow titled Red Light education, and add a comment that "Since the red light camera system was eliminated, funds will be provided for the Bicycle Pedestrian Commission to expand the red light education program that they began with articles in the Cupertino Scene" February ~, ~00,{ Cupert{no C{ty Counc{! Page 15. Robert Levy, Wilkinson Drive, referred to Goal 14, School Partnerships status, which stated that the Public Safety Commission was working to improve traffic in the tri- schools neighborhood. Levy said the commission's agendas and minutes reflect some discussion on this topic, but members of the tri-schools action committee were not aware of it. He said there might be a lack of communication that should be addressed. He also asked if it was appropriate for the library to have a coffee shop when the city is struggling to raise money for construction and furnishings. James said that the coffee shop space will be leased out and will be revenue-producing. She said that no construction money was needed, only additional funds for furnishings and fixtures. Joe Walton, a member of the Cupertino Bicycle Pedestrian Commission, said the Commission feels that the Stevens Creek Trail should be a multi-use trail, available to both walkers and cyclists, and that he was not aware of a trail in the region that wasn't multi-use. Rhoda Fry, San Fernando Avenue, suggested the definition of multi-use be specified, since it means different things to different people. She also suggested an ambassador on the staff be assigned so the public would know who to contact on each of these items. Ann Ng, Bollinger Drive, spoke in favor of continuing the concept of a multi-use trail throughout the entire corridor, including the area where the Historical Society buildings will be. Lowenthal asked that the Bicycle Pedestrian Commission give recommendations or testimony to Council on realistic methods to limit bicycle speeds on trails shared with pedestrians. Deborah Jamison, Rumford Drive, said there are various ways to achieve the goal of providing trails access for various users. She said some plans would have a bifurcated trail at Stevens Creek Boulevard, so that the pedestrians, strollers and wheelchairs would proceed along a narrower, more natural trail. She said that the city is fortunate that there are two parallel roads on either side of the comdor, and there are many options. Lowenthal/Kwok moved and seconded to adopt the City Council goals as revised. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Adopt a resolution expressing intent to enter into a long-term, no-cost lease with Cupertino Historical Society (CHS) for renovation, occupation, and management of the Stocklmeier property and the historic barn and blacksmith shop at McClellan Ranch Park, upon reaching fundraising goals, Resolution No. 04-259. Therese Smith, Parks and Recreation Director, said that the Cupertino Historical Society proposed to renovate the house for purposes of providing a living history center, and that proposal was consistent with the vision that came out of the community process regarding February 2, 2004 Cupertlno City Counc{1 Page 9 16. the best use of Stevens Creek Corridor Park. She said they estimate it may take 3-5 years to raise sufficient funds to renovate all buildings, but may recommend doing it in phases. Mark McKenna, Vice-President of the Cupertino Historical Society, said that the Historical Society has the will and the passion necessary to create the Living History Center and encouraged Council's support. Christine Jeffers, Executive Director of the Cupertino Historical Society and Museum, said the Center would provide children with hands-on learning opportunities such as cutting cots, pressing grapes, making butter, and making silicon chips. She said that they already have offers from volunteers to repair the barn, and that they would hire a campaign consultant to assist them in fundraising. She said the city would be considered a partner in this process, and the Society would accept any limits placed upon them, and that it was important to act swiftly to save the structures. Robert Levy, Wilkinson Avenue, said this proposal would have many ramifications and the Stevens Creek Trail corridor hasn't been designed yet. He said he liked the idea, but thought the city was jumping in too soon, and should first make decisions such as addressing parking needs. Donna Austin, DeAnza Circle, spoke in favor of the intent to enter into a lease, and said that McClellan Ranch was a hidden treasure. Deborah Jamison, Rumford Drive, said that in May of 1993 the McClellan Ranch Master Plan was adopted and the residents have been waiting for action. She said she supported the Historical Society's proposal because they have the plan and the passion to make it succeed. Rhoda Fry, San Fernando Avenue, spoke in favor, and said that work should be done quickly because the buildings were deteriorating rapidly. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04-259 expressing the City's intent to enter into a 30-year, no-cost lease agreement with the Cupertino Historical Society for renovation, occupation, and management of the Stocklmeier property, and the barn and blacksmith shop at McClellan Ranch, upon achievement of fundraising goals within the next 3 to 5 years. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Consider holding a study session on Tuesday, ~February 3 at 3:00 p.m. to discuss economic development. (No documentation in packet). Council concurred that they would meet the following day at 3:00 p.m. February 2, 2004 Cuperthao City Council Page 10 17. Select dates for Teen Commission application deadlines and interviews. Council concurred with the following deadlines, and directed staff to make follow-up phone calls to the applicants prior to the interviews. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. · Applications due in the City Clerk's Office · Council members receive matrix of applicants · Council members return matrix to City Clerk · Council members receive final packet · Interviews are held beginning at 3:00 p.m. Friday May 7 Thursday, May 13 Friday, May 21 Thursday, May 27 Tuesday, June 1 18. Operating Engineer's Local Union No. 3 labor negotiations: Adopt a resolution confirming impasse and unilaterally implementing the City's last, best, and final offer to the bargaining unit represented by Operating Engineer's, Local Union No. 3, Resolution No. 04-260 No action was taken on this item. b) Conduct a closed session regarding Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with representatives Dick Whitmore, David Knapp, Carol Atwood, Ralph Quails, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3 At 10:12 p.m. Council recessed to a closed session. At 10:28 p.m. Council reconvened in open session in the Council Chambers. The City Attorney announced that the City Council had discussed various options and that the motion to be made now is to adopt a tentative agreement as was outlined by Mr. Qualls in closed session. Public Works Director Ralph Qualls noted that the terms were agreed to by the negotiators and ratified by the membership of the union. Lowenthal/Kwok moved and seconded to direct staff to prepare a Memorandum of Understanding for signature by the union representatives, and to continue this item to the next meeting. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ORDINANCES 19. Conduct the second reading of Ordinance No. 1934: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.80.010 of the City's Ordinance Code Modifying the Composition of the Fine Arts Commission." February 2, 2004 Cupertino City Council Page 11 Kwok/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Kwok/Lowenthal moved and seconded to enact Ordinance No. 1934 Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including openings on the civil grand jury; the successful State of the City address by the Mayor,; the Chinese Lunar New Year celebration at Homestead High School; a celebration to honor Beez Jones scheduled for March 5; and a press conference regarding the library fundraising campaign scheduled for Thursday. Wang reported that she was recently appointed to the County Parks and Recreation Commission. Lowenthal reported that he was appointed as chairman of the Library Joint Powers Authority for the County of Santa Clara. Sandoval reported that she was appointed to co-chair the Silicon Valley Manufacturing Group housing leadership council, and they have a lunch meeting on February 18 on the Fruitvale ART station and project. ADJOURNMENT At 10:37 p.m. the meeting was adjourned to Tuesday, February 3 at 3:00 p.m. for a study session regarding economic development, City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014. Kimberly Smith~C~ty 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 Interact 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.