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CC 05-06-02cU?e T no APPROVED MINUTES CUPERTINO CITY COUNCIL Monday, May 6, 2002 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, 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, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Associate Planner Peter Gilli, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Qualls, and City Clerk Kimberly Smith. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Ave., compared maps of Cupertino with his previous neighborhood in New York. He illustrated the differences in density and how it affected walking patterns with accessibility to shopping, schools, and other services. He said that he didn't think that a similar propensity to walk to services would happen in Cupertino. CONSENT CALENDAR Chang/James moved to approve the items on the Consent Calendar as recommended, with the exception of Items 2, 7, and 8 which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Accounts Payable: April 12, April 19, and April 26, Resolution Nos. 02-073 through 02- 075. 4. Payroll: April 26, Resolution No. 02-076 May 6, 2002 Cupertino City Council Page 2 5. Treasurer's Budget Report - March 2002. Name recommendations from the Cupertino Parks and Recreation Commission for two tot lots in the Oak Valley neighborhood. Authorizing execution of improvement agreement, Steven William Paterson and Laura Louise Paterson, Husband and Wife, as Community Property, 10106 Crescent Court, APN 326-17-029, Resolution No. 02-078. 10. Grant of easement, roadway, Steven William Paterson and Laura Louise Paterson, 10106 Crescent Court, APN 326-17-029, Resolution No. 02-079. 11. Quitclaim deed, Steven William Paterson and Laura Louise Paterson, 10106 Crescent Court, APN 326-17-029, Resolution No. 02-080. 12. Acceptance of improvements (grading): Darmawan, Johan & Susana, 22650 Alcalde Road, APN 342-16-042. (No documentation in packet). 13. Authorizing a request to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2001-02 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding for the San Tomas Aquino-Saratoga Creek Trail in the amount of $80,000, Resolution No. 02-081. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2, Approval of minutes: April 15, 2002. James/Kwok moved to approve the minutes as amended to add, "Mayor Lowenthal agreed with the two recommendations from Prometheus and asked the Housing Commission to consider that when redeveloping, replaced housing units should not count in the Below Market Rate ratio. He also said that salary bands should be adjusted upward so that public service employees will be eligible for Below Market Rate housing." Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Approval of fee waiver request in the approximate amount of $3,756.00 from the World Journal and the Chinese Community Service Center for its first Mother's Day Fun Fair event on May 11 and 12. Corinna Chang, representing the World Journal, described the activities planned for the event on May 11-12, and requested a fee waiver. Parks and Recreation Director Therese Smith explained that it is the city's policy to only waive fees for non-profit organizations in which the money that is raised goes back into the community. She recommended denial of the waiver. Chang explained that them were other sponsors of the event that were non-profit organizations. May 6, 2002 Cupertino City Council Page 3 Chang/Sandoval moved to continue this item to the next Council meeting so that staff may prepare a clarifying report explaining the non-profit status of the co-sponsors of the event, and whether granting this waiver would set a new precedent. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Authorizing staff to proceed with application for two Safe Routes to Schools grants for Cupertino High School area and Garden Gate area, and requesting a commitment of $65,500.00 for local share of grant funds, Resolution No. 02-077. Public Works Director Ralph Quails distributed and highlighted an amended resolution. James/Chang moved to adopt amended Resolution No. 02-077. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Mayor Lowenthal re-ordered the agenda to discuss Item 1 next. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to graduating class of Tomorrow's Leaders Today (TLT). Graduate Rupa Dev gave a brief address to the Council, saying that the TLT class helped her to develop important skills in leadership and volunteerism. Graduate Matt Barkley assisted Mayor Lowenthal in the presentation of the certificates of completion to the class. Mayor Lowenthal presented bouquets to co-directors Barbara Nunes and Gail Jensen, who will be retiring from the program. The Council offered their thanks to the co- directors and the school district. Mayor Lowenthal re-ordered the agenda to discuss Item 17 next. NEW BUSINESS 17. Authorizing the Mayor to forward comments to the Foothill/De Anza Community College District regarding the De Anza College Facilities Master Plan Draft Environmental Impact Report (DEIR). Community Development Director Steve Piasecki reviewed the staff report and a slide presentation listing the issues of concern to the city. He distributed a package of three documents responding to the draft EIR. Mike Brandy, Vice-President of Finance and College Services, responded to questions regarding the identification of potential housing sites on campus; the location of the transit center and possible noise impacts; how the construction schedule will impact the availability of on-campus parking, and how they propose to address the parking situation with a shuttle from Vallco, valet parking, and carpools or vanpools. May 6, 2002 Cupertino City Cotmcil Page 4 Council members requested: That the district notify the neighborhood and accept public input even if it is not required by law; encouraged the district to hold a public information meeting and notice the 1,000 foot radius again; develop a means of monitoring the transit center to insure its successful implementation; and encouraged the district to find ways of alleviating the traffic created by the college and the flea market. The Council also asked that the college board commit to not asking for any more parking from neighborhoods or commercial uses, and ask that the board be prepared to help the city financially to solve the traffic problems. Dr. Martha Kanter, DeAnza College President, discussed the distance learning program and how its anticipated popularity can help to alleviate traffic impacts. James/Kwok moved and seconded to authorize the Mayor to sign the letter regarding the De Anza College Facilities Master Plan Draft Environmental Impact Report (DEIR), as shown in the staff report distributed May 3, with the addition of text requesting safe bike routes through the campus, particularly to the Mary Avenue over-crossing. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARINGS - None PLANNING APPLICATIONS - None Mayor Lowenthal re-ordered the agenda to discuss Item 14 next. UNFINISHED BUSINESS 14. Amending resolution that established a Cupertino Teen Commission, Resolution No. 02- 065. Sandovai/James moved to adopt Resolution No. 02-065. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. NEW BUSINESS 15. Set date for Teen Commission interviews. Council concurred to schedule the interviews for June 19, 5:00 p.m., pending confirmation of Council member Chang's availability. 16. Appeal by Daniel Harris of Harrisbuilt challenging staff's decision to purchase the mobile skate park from Ball Hitch Ramps. The City Clerk distributed an amended staff report, which included 3 pages that had been omitted from the March 11 memorandum to the City Manager from Therese Smith. May 6, 2002 Cupertino City Council Page 5 Daniel Harris said his company had invented the technology to build a mobile skate park over the last 3 years, and his bid information was given to a competitor, thereby negating the competitive process. He had also begun working with Parks and Recreation staff, but the job was pulled and sent out to bid 5 days later. City Attorney Kilian said that the staff and Council had wished to proceed as expeditiously as possible. The city made the award to the low bidder and the project is now completed and the contractor paid, and the City Manager had determined that the city's purchasing process had been followed. If the appellant has any claim it would be for loss of money, and he may desire to file a claim with the city's insurance company. James/Kwok moved to deny the appeal. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval, Noes: None. 18. 19. Sandoval asked that the record reflect that the city employees are held to the highest standard for purchasing procedures, and the city manager has indicated that the staff is being educated about the process. Approval of permit parking on the north side of Mary Avenue between the Senior Center Driveway and the eastern entrance to the Glenbrook Apartments form 8:00 a.m. to 5:00 p.m. Monday through Friday, Resolution No. 02-082. Public Works Director Quails distributed an amended resolution. Sandoval/James moved to adopt Resolution No. 02-082 approving permit parking on the north side of Maryl and asking the City Manager to implement a 2-hour parking restriction on the north parking lot at Memorial Park. Council asked that notice of the permit parking change be posted for 2 weeks prior to the change on the street and at the Senior Center. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. First reading of Ordinance No. 1895: "An Ordinance of the City Council of the City of Cupertino Adopting Chapter 2.__ of the Cupertino Municipal Code Establishing the Bicycle Pedestrian Commission." David Greenstein, chairperson of the Bicycle Pedestrian Commission, thanked the Council for their support, and said the Commission requests that the membership be restricted to 5 members, and that the requirement for a pedestrian expert be removed. He suggested that that requirement be replaced with canvassing pedestrian groups when filling vacancies. The City Clerk read the title of the ordinance. Chang/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof, and to (1) Correct "Bicycle and Pedestrian Commission" to read "Bicycle Pedestrian Conunission; and 2) Delete line in paragraph .010 which said, "At least one member shall be a person experienced in pedestrian issues and walk-ability. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. May 6, 2002 Cupertino City Council Page 6 Chang/Sandoval moved to request that the City Clerk's office summarize the Council members' comments regarding their desire to have a balance of members primarily interested in either cyclist or pedestrian concerns. This summary shall be provided to the City Council when it is preparing to interview candidates, and shall be incorporated into the outreach effort to fill vacancies. In particular the Council wishes to be aware of the needs of the handicapped, the elderly, and families with small children. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES 20. Second reading of Ordinance No. 1894: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08 Regarding the Definition of Setback Line." The City Clerk read the title of the ordinance. James/Kwok moved 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 to enact Ordinance No. 1894. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS 21. Revenue and expenditure status report. Council received the report from Administrative Services Director Carol Atwood. Chang/Sandoval moved to 1) Un-appropriate the list of items shown in the staff report (savings from current year budget) and 2) At the end of the year, if there is still a revenue shortfall, obtain the necessary monies from the Economic Uncertainty reserve. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None May ~;, ~00~ Cupertlno City Council Page 7 -- ADJOURNMENT At 9:40 p.m., the meeting was adjourned to a joint study session with the Planning Commission on the Villa Serra project on Monday, May 13 at 4:30 p.m. in Conference Room C, followed by interviews of P laiming Commission applicants at 6:00 p.m. Kimberly Smith(/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. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cuDertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. NOTICE OF ADJOURNMENT CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council held on May 6 was adjourned to Monday, May 13, at 4:30 p.m. The meeting will be held at the Cupertino City Hall, 10300 Torre Avenue, in Conference Room A. The purpose is to hold a joint study session with the Planning Commission on the Villa Serra project. That meeting will be followed by interviews of Planning Commission applicants at 6:00 p.m. Dated this 7th day of May, 2002. Grace Johnson Deputy City Clerk