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CC 04-01-02 OF CUPE INO APPROVED MINUTES CUPERTINO CITY COUNCIL Monday April 1, 2002 CALL TO ORDER At 4:35 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, and City Clerk Kimberly Smith. STUDY SESSION 1. Discussion of the Sports Center project. Parks and Recreation Director Therese Smith and consulting architect Mark Schatz reviewed a PowerPoint presentation that highlighted the history and chronology of the skate park, including locations that had been considered for a permanent park. The following individuals were opposed to the placement of the skate park at the Sports Center. Their comments included concerns about noise, vandalism, the need to keep tennis courts, fitness equipment and showers for tennis members, and that there better locations for a skate park. Steve Gallera, 10083 Senate Way Darwin Throne, 22958 Cricket Hill Road, Jon Kessler, Elena Herrera, 10093 Senate Way, Edward Hirshfield, 734 Stendhal Lane, Sherry Geddes, 10072 Senate Way, The following individuals supported a skate park at the Sports Center. They commented that adults would also benefit from it, that it was a good location (for both a skate park and a teen room) because of public transportation, and that it would be a great benefit for the teen April 1, 2002 Cupertino City Council Page 2 community. They cited the Comerstone survey, which indicates that 70% of Cupertino teens do not feel valued by their community. Kevin Busch, Teen Commissioner, Kenny Lin, Teen Commissioner, Yurianna Na, Cupertino High School student, Zack Kolev, Teen Commissioner The Council members directed staff to return with refinements to Alternative 1, renovation of the existing building with a cost closer to $2 million, which would also address the Americans with Disabilities Act (ADA) liabilities. RECESS The meeting was recessed from 6:37 p.m. to 6:55 p.m. ~PLEDGE OF ALLEGIANCE At 6:55 p.m. Mayor Lowenthal called the meeting to order and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Finance Manager Carol Ferrell, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, Senior Planner Vera Gil, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 2. Proclamation for Aim Woo in recognition of her selection as a 2002 Santa Clara County Woman of Achievement in the category of the arts. Mayor Lowenthal read the proclamation and presented a dozen red roses from former Mayor Barbara Rogers. The Council members offered their congratulations. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None April 1, 2002 Cupertino City Council Page 3 ORAL COMMUNICATIONS E. Pauline Werthen, 10972 Wilkinson Ave., asked for residents and city officials to give their support to Falun Gong practitioners, who are being persecuted for this practice. Kenny Lin, Teen Commissioner, announced the upcoming Teen Job Faire to be held April 27 at Monta Vista High School. He asked for the City Council's assistance to reach out to potential employers regarding jobs, volunteer opportunities, internships, and job shadows. Gary R. Schmidt, 20020 Stevens Creek Boulevard, distributed some documents that pertained to his request for an extension of a temporary use permit for vehicle storage. He said this request would be discussed at the next Council meeting, and he asked Council to view the video tape and visit the site. Chun Lee, 2375 Fallingtree Dr., San Jose, said there have been over 5000 arrests of Falun Gong practitioners and some have been tortured. She asked that the Council adopt a resolution condemning the persecution of Falun Gong practitioners. CONSENTCALENDAR Sandoval/Kwok moved to approve items 1-10 on the Consent Calendar as recommended, with the exception of items 7 and 10, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 3. Accounts Payable: March 15 and March 22, Resolution Nos. 02-051 and 02-052. 4. Payroll: March 29, Resolution No. 02-053. Approve the destruction of records from the Code Enforcement and Community Development files, which are in excess of two years old, Resolution No.02-054. Approve a fee waiver request of $20.00 from The League of Women Voters Cupertino- Sunnyvale for the use of the Creekside Park building on Saturday, June 8, 2002 for their annual meeting. Acceptance of improvements: (driveway, street tree, water meter, retaining wall) Oak Valley, Tract 9076, Unit 3, Neighborhood 4 and Tract 9075, Unit 2, Neighborhood 3; (on-site & off-site improvements) Julie Heilin Weng and Jen-Ho Wong, 19075 Tilson Avenue, APN 375-08-055. (No documentation). 9. Approve recommendation from the Telecommunications Commission for awarding a public access grant. April 1, 2002 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Authorize transferring $42,000 from the skate park operations account to the Public Works fixed asset account to purchase two standard, 3A ton pickup trucks with trailer- towing capabilities for the mobile skate park. Parks and Recreation Director Therese Smith explained that two trucks are needed to carry all the pieces of the mobile skate park, and that the City would pay the insurance if the setup were placed on school property. I0. Comments on the Juniper Networks Corporate Campus Draft Environmental Impact Report (DEIR). The City of Sunnyvale is considering a proposed project by Juniper Networks located on Lockheed Martin Way, adjacent to the Moffet Field Naval Air Station. The project proposes to replace industrial and office buildings totaling 985,000 square feet with a phased corporate campus including 2,345,000 square feet of R&D office, 135,000 square feet of employee-serving retail, a 60,000 square foot "Special Use" building and a 200-350 room hotel. Lowenthal said this proposed project would impact Cupertino and surrounding cities, and would specifically impact the intersection at DeAnza and Homestead Boulevards. PUBLIC HEARINGS 11. Public hearing to review and approve use of the Twenty-Eighth program year (2002- 2003) Community Development Block Grant (CDBG) funds: (a) Authorize submittal of funding proposal, Resolution No. 02-055 Vera Gil reviewed the staff report. Georgia Bacil, 460 E. Virginia St. #260, San Jose, explained the free services provided by Senior Adults Legal Assistance (SALA), including appointments at the Senior Center, as well as phone and home visits. Jaclyn Fabre, 10185 N. Stelling Rd., described the Rotating Shelter program of Cupertino Community Services and said over 70% of their population served leaves with program with a job, savings, and/or housing. James/Sandoval moved and seconded to select Alternative 2 from the staff report (detailed below). Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Apr{l I, ~062 Cupertino City Council Page 5 Community Development Block Grant Program Program Administration: $15,000 Cupertino Community Services (CCS)- Rotating Shelter: $25,000 Senior Adults Legal Assistance (SALA) $11,667 Affordable Housing Fund Cupertino Community Services (CCS)-Affordable Placement Program $50,000 Total $225,046 12. Public hearing to adopt the 2002/03 Fee Schedule, Resolution No. 02-056. Adjustments are proposed for various fees that reflect cost of processing and/or market rates. Mayor Lowenthal opened the public hearing. There were no speakers, and the hearing was closed. James/Kwok moved to adopt Resolution No. 02-056. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PLANNING APPLICATIONS 13. Application(s) U-2002-01, EA-2002-02; Chicago Pizza & Brewery, Inc. located at 10690 N. De Anza Boulevard. Use permit application to demolish an existing 9,079 square foot restaurant (Peppermill) and construct an approximately 8,350 square foot restaurant and bar with 406 indoor and outdoor seats. A Negative Declaration is recommended, and this item is recommended for approval. Sandoval/Chang moved and seconded to approve the application. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Sandoval/Chang moved and seconded to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. UNFINISHED BUSINESS - None NEW BUSINESS 14, Teen Commission selection process, Resolution No. 02-057. Parks and Recreation Director Therese Smith and Teen Commission Chairman reviewed the Teen Commission recommendations in the packet and answered questions. Chang/Sandoval moved that the Teen Commission shall be composed of 13 members. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. April 1,2002 Cupertino City Council Page 6 Sandoval/Kwok moved and seconded that the Teen Commissioners shall serve staggered, two-year terms. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Chang/Kwok moved that Council shall appoint two alternates to the Teen Commission. The motion failed by the following vote: Ayes: Chang, Kwok. Noes: James, Lowenthal, and Sandoval. Chang/James moved and seconded to direct staff to return with a revised resolution that would include the following items. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. · No alternates will be appointed, and vacancies will be left open · There is no minimum grade point average (GPA) requirement · The chairperson and vice chairperson shall be selected at the beginning of the year by the entire commission, with no restrictions as to grade level · At least one student should be from each public middle and high school in Cupertino. RECESS The Council was in recess from 9:18 p.m. to 9:28 p.m. Mayor Lowenthal reordered the agenda to discuss item 18 next. NEW BUSINESS - continued 18. Proposed Bicycle Pedestrian Advisory Commission. David Greenstein, Chairperson of the Bicycle Pedestrian Advisory Committee, requested that the committee be formalized as a commission. Robert Levy, 10802 Wilkinson Ave., suggested that they split the group into two commissions, or add members to represent pedestrians. Gary R. Schmidt, 20020 Stevens Creek Boulevard, supported changing the group's status and concurred with the suggestion by Robert Levy. He suggested they develop standards for "pedestrian-friendly." Council concurred to rename the group the Bicycle Pedestrian Commission, and asked the chairperson to have the commission prepare a draft ordinance, and to identify some seats which would be for pedestrian advocates. April 1,2002 Cupertino City Council Page 7 15. Review of California Law Enforcement Equipment Program (CLEEP) High Technology Grant Allocation, Resolution No. 02-058. Kwok/Chang moved and seconded to adopt Resolution 02-058. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 16. Review of Citizens' Option for Public Safety (COPS) Funding Allocation, Resolution No. 02-059. Sandoval/James moved and seconded to adopt Resolution 02-059. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 17. Hearing to approve the recovery of costs of abatement of public nuisance at 10200 Stem Avenue (APN 375 12 002, Patrick W. McGrath property owner), Resolution No. 02-060. Chang/Kwok moved and seconded to adopt Resolution No. 02-060. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 19. Select study session date for Villa Serra project. Council concurred to hold a study session on Monday, May 13, at 4:30 p.m. in Conference Room A. ORDINANCES 20. Second reading of Ordinance No. 1893: "An Ordinance of the City Council of the City of Cupertino amending Chapter 3.25, Sale of Surplus Supplies and Equipment." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. James/Kwok moved and seconded to enact Ordinance No. 1893 Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS 21. Revenue and expenditure status report. Finance Manager Carol Ferrell said that revenues are down from last year, and staff hopes that budgetary savings will offset the difference. April l, 2002 Cupertino City Council Page g COUNCIL REPORTS - None CLOSED SESSION o None ADJOURNMENT At 10:30 p.m. Com~cil adjourned to a study session regarding the City's Housing Program, to be held on Monday, April 15, at 5:30 in Conference Room A. Kimbefly Smit[~ City Clerk For mom information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Chatmel 26, and may also be viewed live or on demand at www.cupertino.om. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.