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CC 09-17-01APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, September 17, 2001 ROLL CALL At 5:30 p.m. Mayor James called the meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. City Council members present: Mayor Sandra .fames, Vice-Mayor Richard Lowenthal, and Council members Don Burnett and Michael Chang. Council members absent: None. Staff present: City Clerk Kimberly Smith and Deputy City Clerk Grace Johnson. PARKS AND RECREATION COMMISSION INTERVIEWS 1. Interview applicants for an unscheduled vacancy on the Cupertino Parks and Recreation Commission. Council interviewed Mr. Bradley Tice and Mr. Rodney Brown and watched apre-taped interview of Mr. John Buenz for this position. Mr. Rodney Brown was appointed to a partial term ending January 2004. RECESS The Council was in recess from 6:15 p.m. to 6:45 I~.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge ~~f Allegiance. ROLL CALL City Council members present: Mayor Sandra .James, Vice-Mayor Richard Lowenthal, and Council members Don Burnett and Michael Chang. Council members absent: None. Staff present: Acting City Manger Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, Senior Plaruler Vera Gil, City Attorney Charles Kilian, and City Clerk Kimberly Smith. September 17, 2001 Cupertino City Council Page 2 Mayor James called for a moment of silence to rE~member those who died in the World Trade Center bombings of September 1 1, 2001. CEREMONIAL MATTERS - PRESENTATIO'.~TS POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS CONSENT CALENDAR Chang moved to approve the items on the Consent Calendar as recommended, with the exception of Nos. 2, 8, and 9 which were pulled for discussion. Lowenthal seconded and the motion carried 4-O. 3. Treasurer's Budget Report -July 2001. 4. Accounts Payable, August 17, 24, 31 and September 7, Resolution Nos. 01-190, 01-191, 01-192 and 01-193. 5. Payroll, August 31 and September 14, Resolution Nos. 01-194 and 01-195. 6. Approve the destruction of records from the Community Development Department files, which are in excess of two years old, Resolution No. 01-196. 7. Amend the Unrepresented Employees' Compensation Program: a). Approval to reallocate one Senior Civil Engineer position in the Public Works Department to Senior Architect b). Approval of a $250 monthly automobile allowance for the new classification of Senior Architect, Resolution No. 01-197 10. Approve budget adjustment for the CuIertino Public Library Capital Improvement Project. 11. Approve amended and restated Joint Powers Agreement for library services, Resolution No. O 1-200. 12. Annexation: Make determinations and approve the reorganization of territory designated "Byrne Avenue 01-05," located on the west side of Byrne Avenue between Granada Avenue and Hermosa Avenue; approximately 0.410 acre, Maldonado (APN 357-11-003), Resolution No. O 1-201. September 17, 2001 Cupertino City Council Page 3 13. Improvement Agreement, David Y. F. Perng, Jenny H. C. Perng, and Yuen-Chen Perng, 19327 Calle de Bazcelona, APN 375-04-OOEi, Resolution No. 01-202. 14. Authorize Execution of Cooperative Agreement with the City of San Jose to overlay Bollinger Road from Tantau to Miller Avc;nue and authorize use of funds from Traffic Congestion Relief Fund, Resolution No. O 1 ••203. 15. Authorize Execution of Agreement with Kimley-Horn and Associates, Inc. in the amount of $179,584.00 for the De Anza Boulevard Corridor Advanced Traffic Management System Project, Resolution No. 01-204. 16. Authorize the Public Works Director to award the construction contract for the Wolfe Road/I-280 Interchange Improvements project to the lowest responsible bidder in an amount not to exceed $330,000.00 and approve a construction contingency in the amount of $33,000.00, Resolution No. 01-205. Vote Members of the Citv Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEM5 REMOVED FROM THE CONSENT CALENDAR (above) 2. Approval of minutes, August 20. Lowenthal clazified that the minutes of August 20, page number 2-6, item No. 28B should be corrected to read, "Not allow occupancy of the building until the construction is complete." Lowenthal moved to approve th~~ minutes of August 20 as amended. Burnett seconded and the motion carried 4-O. Authorize application for Roberti-Z'Berg-I3[arris Block Grant Program funds in the amount of $140,923 and approve local matching funds of $60,396 from the 2000/01 park renovation project for Wilson Park improvements, Resolution No. 01-198. Lowenthal talked about the process of receiving input from the neighbors who wanted the park improved, but did not want a skateparl:. Lowenthal moved to adopt Resolution No. 01-198. Burnett seconded and the motion carried 4-O. 9. Establish a Teen Commission, Resolution P1o. 01-199. September 17, 2001 Cupertino City Council Page 4 James spoke in favor of establishing a Teen Commission and said that she wanted the commission to be able to give input and offer their perspective on other projects as well, such as the library and the Sports Center. Parks and Recreation Director Therese Aml~rosi Smith spoke about the appointment and selection process and reviewed the staff rep~~rt and the resolution. Robert Levy, 10802 Wilkinson Avenue, spoke in favor of a teen commission, but was concerned that the criteria of selection wasn't clearly defined. He asked only residents of Cupertino would be considered, or if any student of a Cupertino middle school or high school would be considered. Smith said that there would be a residency requirement. Burnett moved to adopt Resolution No. O 1-199 with the addition of the words in the first bullet to say "at least one from each grade 7 through 12." Lowenthal seconded and the motion carried 4-O. PUBLIC HEARINGS 17. Ordering Vacation, Tract 9335--Wallin CoLirt, Resolution No. 01-206. Public Works Director Ralph Qualls asked to have this item continued to October 15 because several utility companies had asked for time to evaluate the item. Mayor James opened the public hearing. There were no speakers and the public hearing was continued to October 15, 2001. 18. Ordering Vacation, Maximo Perez, 1248 R~eymouth Drive, APN 362-10-063, Resolution No. O 1-207. Mayor James opened the public hearing. 'T'here were no speakers and the public hearing was continued to October 15, 2001. 19. Appeal of Planning Commission approval of Application No. 14-ASA-O1, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment buildin;~ at Lot 1, Tract 7953, Cupertino City Center (APN 369-01-029). The Applicant is the Stevens Creek Apartments (Verona). The appeal was filed by Councilmember Don Burnett. Burnett moved to continue the appeal to October 1, 2001. Lowenthal seconded and the motion carried unanimously. 20. Revision to Fee Schedule, Resolution No. C11-208. Administrative Director Carol Atwood reviewed the staff report. September 17, 2001 Cupertino City Council Page 5 Mayor James opened the public hearing. There were no speakers and the public hearing was closed. Burnett moved to adopt Resolution No. 01-208. Lowenthal seconded and the motion carried 4-O. 21. Issuance of $1.6 million tax-exempt revemie bonds by the City of Cupertino to assist in the financing of the acquisition and constru~~tion ofmulti-family rental housing project by Cupertino Community Services (CCS), to be located at 10114 and 10214 Vista Drive, Cupertino. Atwood reviewed the staff report and said 1:hat materials weren't available in time for the meeting. She asked to have the public heari~ag continued until October 1, 2001. Mayor James opened the public hearing. There were no speakers and the public hearing was continued until October 1, 2001. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 22. Approval request for Apple Cab Co. -Taxicab Owner Permit Application. Atwood reviewed the staff report and asked council to review and approve the fee schedule. Burnett moved to approve the application and fare schedule. Lowenthal seconded and the motion carried 4-O. 23. Use Permit to transfer floor area ratio dE:velopment credits from Imperial Avenue to Results Way Corporate Park, to convert amenity space to office space, and to create a pedestrian path and parking area. Application No: 04-U-O1; Grosvenor California Limited. The project is located at 10120 Imperial Avenue 8c One Results Way, APN 357-20-013. This item is recommended for approval. Senior Planner Vera Gil reviewed the staff report. She explained that the conversion of space is being requested by the applic<<nt in order to remain in compliance with Cupertino's General Plan. She said that the General Plan has a provision allowing this conversion to take place, especially when it helps create new housing units. Council discussed amenity space and to possibly re-evaluate how it is treated in the General Plan. September 17, 2001 Cupertino City Council Page 6 Burnett talked about being proactive with zoning issues now in order to maximize the chances of getting housing in future developments. Burnett moved to approve Application N~~. 04-U-O1. Chang seconded and the motion carried 4-O. 24. First reading of Ordinance No. 1886: "An (Jrdinance of the City of Cupertino, Amending Title 1, 5, 8, 10, 11, 13, 14, 16, 17 and 19 of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforming the Provisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying old Provisions with New Language, and Consolidating and Streamlining Various Provisions." The subject matter of the titles to be amended include: general provisions; business licenses and regulations; animals; public peace, safety and morals; vehicles and traffic; parks; streets, sidewalks, and landscaping; buildings and construction; signs; zoning; smoking. City Attorney Chuck Kilian reviewed the staff report. Burnett moved that Ordinance 1886 be react by title only and that the City Clerk's reading constitute the first reading thereof. Lowenthal seconded and the motion carried 4-O. Chang asked about state laws regarding the keeping of certain breeds of dogs and if there were any ordinances, which covered that. Kilian said that the City ordinance now provides for a procedure in which the City Manager will hold a hearing to decide if ~i particular animal is dangerous or potentially dangerous, and takes evidence on a case-by-case basis. Acting Manager Carol Atwood responded that issues with vicious animals have been more of an exception rather than a rule and that cases are handled individually. She recommended no change to the current ordinance. ORDINANCES STAFF REPORTS COUNCIL REPORTS Burnett said that he attended the Central/North Central Flood Control Advisory Committee and there was concern about some very restrictive ruling on water run-off from the Regional Water Quality Board. He explained that for future devel~~pment there would be requirements for catch basins on property sites. September 17, 2001 Cupertino City Council Page 7 Chang commended Lowenthal for his chairing of the Cupertino Community Services fundraising event. Lowenthal talked about the CCS fundraising BBQ, which raised $50,000 and commended Michael O'Dowd and his staff for the exceptional condition of the park. He also said he spoke at the Leadership Cupertino kickoff BBQ. He commended Carol Atwood, Dorothy Steenfott and Darryl Stow for their leadership in making it such a successful program. He said that the Animal Control Joint Powers Authority (JPA) office opened in Santa Clara and that the JPA is in negotiation for land to build a holding facility. He said that the library JPA funding mechanism runs out in 2005 and what was approved on the Consent Calendar was a way for the JPA to reconstruct itself in order to be able to raise money again. He said that this new funding would be on the ballot in about a year. James commended Administrative Director Carol Atwood for her leadership as Acting City Manager. She said she co-chaired the Library Steering Committee, along with Chang, and she attended the second public meeting regarding the library project. She mentioned the Moon Festival, which is the last weekend of September at Memorial Park. She commended Public Information Officer Rick Kitson for his work on the committee. James said that the Community Congress (town hall meeting) would be on October 5 at Quinlan Community Center. The theme is Voices and Visions, and she encouraged citizen:; to come and participate. She talked about the group of high school students from Cupertino High School, Monta Vista High School and Homestead High School that are participating in the Cornerstone Project from San Jose. CLOSED SESSION ADJOURNMENT At 8:00 p.m. the meeting was adjourned to a Library Workshop September 19, 3-5 p.m., Conference Room C/D. Kimberly Smith, City Clerk