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CC 05-20-02CLIPEJ INO APPROVED MINUTES CUPERTINO CITY COUNCIL Monday May 20, 2002 PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Lowenthal 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 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, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Qualls, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang/James moved to approve the items on the Consent Calendar as recommended, with the exception of items 1 and 12 which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 2. Accounts Payable: May 3 and May 10, Resolution Nos. 02-083 and 02-084. 3. Payroll: May 10, Resolution No. 02-085. 4. Application for Alcoholic Beverage License, Olam Thai Cuisine, 19672 Stevens Creek Blvd. May 20, 2002 Cupertino City Council Page 2 10. 11. Approve the destruction of records from the City Clerk, Conununity Development, Finance, and Emergency Preparedness files, which are in excess of two years old, Resolution No. 02-086. Declaring weeds and brush growing on certain described properties to be a public nuisance and setting hearing for June 17 for objections to proposed removal, Resolution No. 02-087. Annexation: Make determinations and approve the reorganization of territory designated "Orange Avenue 02-01", property located on the west side of Orange Avenue between Granada Avenue and Hermosa Avenue; approximately 0.219 acre, Lukzadeh, Javanmard, and Asgari (APN 357-16-029), Resolution No. 02-088 (continued from April 15). Improvement plans & final map, R & Z Development, 20075 De Palma, Resolution No. 02-089. Authorizing execution of tract agreement, Taylor Woodrow, Tract No. 9410, Located on Imperial Avenue, Resolution No. 02-090. Authorizing execution of public plaza agreement, Taylor Woodrow, Tract No. 9410, Located on Imperial Avenue, Resolution No. 02-091. Authorizing execution of Pedestrian Path and Maintenance Agreement, RWC, LLC, 10120 Imperial Avenue, Resolution No. 02-092. 13. Grant of easement, public utilities, Cupertino City Center Owners Association, Lot 7, Tract 7953, Resolution No. 02-094. 14. Acceptance of city projects performed under contract (no doeumeutation in packet): a). Wolfe Road Bicycle Facility Improvement Project, ProjectNo. 9440 b). Bollinger Road Bicycle Facility Improvement Project, Project No. 9443 (G.A.B. Construction, Inc.) ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 1. Approval of minutes: May 3, 6 and 13. The City Clerk amended the minutes of May 13 to reflect that Planning Commissioner Angela Chen was absent. Kwok/James moved to approve all three sets of minutes, with the amendment to May 13. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 12. Annual Overlay, Project No. 2001-04 (DeSilva Gates) a). Approval of Contract Change Order No. 1 in the amount of $27,225.79 for a total contract amount of $1,305,176.79, Resolution No. 02-093 May 20, 2002 Cupertino City Council Page 3 b). Acceptance of project Public Works Director Quails amended the amount of the change order to read $26,900.79, for a total contract amount of $1,305,176.79. Sandoval/James moved to approve the change order, as amended, and accept the project. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARINGS - None PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 15. Report from Fine Arts Commission (FAC) regarding 2001-2002 accomplishments, guidelines for the selection of public art, and recommending the purchase of public art works. City Clerk Kimberly Smith reviewed the staff report highlighting commission's accomplishments, reviewed the recommendations regarding the purchase of five sculptures, and distributed a handout showing maps to various parks and photographs of places where public sculpture could be placed. Artist Roger Berry presented a model of a sculpture proposed for the open space at the comer of Stevens Creek and DeAnza Boulevards. James/Kwok moved to accept the conceptual design. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Sandoval/James moved to approve the General Guidelines for the Selection as Public Art, with the suggestion that, at the discretion of the Fine Arts Commission, the last paragraph on the first page be amended to read: "Where public funds are used, the community surrounding the future art may be invited to participate in helping to select the artwork and to generate community acceptance." Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Fine Arts Commissioners Barbara Phelps, Hema Kundargi, and Shirley Lin-Kinoshita discussed the five sculptures recommended for purchase and placement in Cupertino Parks. Council members discussed the FAC proposal and asked the City Manager to coordinate the next steps in the process, including: Submitting the proposal to the Parks and Recreation Commission for their input Arranging a field trip or other solution so that the Council members could personally view the art works May 20, 2002 Cupertino City Council Page 4 Identify the next steps in the process, including selection of a site and soliciting public input. 16. Change Community Development Block Grant (CDBG) designation from participant in Urban County program to entitlement grantee for funding purposes, Resolution No. 02- 095. James/Sandoval moved to adopt Resolution No. 02-095. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 17. Selection of date for joint study session with Cupertino Housing Commission to continue selection criteria for Below Market Rate (BMR) program and update on options for encouraging public service employee housing. Council concurred to hold the study session on Monday, July 15, 2002, at 4:30 p.m. 18. Minor modifications to the Cupertino Municipal Code Section 11.34, Roadway Design Features relating to the installation of road bumps. Mr. David Erick, 10728 Maxine Avenue, reviewed his letter to City Council recommending that the ordinance not be changed. Reading and enactment of Ordinance No. 1896: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Adding Section 11.34.050 Relating to Construction Engineering of the Installation and Maintenance of Road Bumps and Declaring the Urgency Thereof." The City Clerk read the title of the ordinance. James/Chang moved to read the ordinance by title only, and that the City Clerk's reading would constitute the only reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES 19. Second reading and enactment of Ordinance No. 1895: "An Ordinance of the City Council of the City of Cupertino Adopting Chapter 2.XX of the Cupertino Municipal Code Establishing The Bicycle Pedestrian Commission." Sandoval/James moved to make further changes to the ordinance: 1) Delete line in paragraph .010 which said, "At least one member shall be a person experienced in pedestrian issues and walk-ability"; 2) Change line in paragraph .010 from "At least four members shall be City of Cupertino residents" to say, "All members shall be City of Cupertino residents"; and 3) Change the word "plan" in paragraph .080 B2 to read "guidelines." May 20, 2002 Cupertino City Council Page 5 The City Clerk read the title of the ordinance. Sandoval/James moved and seconded to read the amended ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS Mayor Lowenthal reordered the agenda to discuss item 22 next. 22. Report on the status of the traffic barrier gate at Pacifica Avenue near Torte Avenue. The following individuals spoke in favor of repairing the traffic barrier that closes off traffic at Pacifica during the commute hours. They cited a need for increased traffic enforcement because of drivers speeding and running stop signs, endangering pedestrians including children and seniors, and the impacts of a continuous stream of traffic all day long. Some speakers said that the study period proposed was not long enough to take into account commuters who had not yet realized that the barrier was not functional, and that future development in the neighborhood would only increase the impacts. Steven Scharf, Somerset Drive Cliff Hamilton, Pacifica Drive Kellee Noonan, Farallone Drive Ram Swaminathan, Pacifica Drive Paul Bommarito, Ma~inwood Drive Arlene Boyd, Clifden Way Richard Rahn, Farallone Drive Ken Foot, Farallone Drive Sophia Sheyma, Pacifica Drive Doug Boyd, Clifden Drive The following individuals spoke in favor of removing the traffic barrier. Their reasons included: That it would provided much faster access for emergency vehicles; that it would improve access to the many dentists' and doctors' offices at the Town Center; for local residents; that it was an inconvenience and fomed residents to travel farther on other local streets; that closing the gate to commuter traffic merely funneled it over to another street less appropriate for handling the volume. These residents also requested improved traffic enfomement, and some suggested the use of speed bumps or other traffic calming measures. Helene Sizemore, Clifden Way Nita McGalliard, Clifden Way Diane Lee, Pacifica Drive Donald Phillips, Gillick Way R. T. Parmley, Brittany Court Fred Schwalbach, Silverado Avenue Leonard Ezerski, Farallone Drive Paul Hansen, Silverado Avenue Jim James, 20387 Gillick Way In response to a question by City Council, the City Attorney stated it was his opinion that the device was not legal, since it had not been approved by the State, and that is a requirement under the vehicle code. He said when it had originally been closed during commute hours, it was accomplished by having two city employees place and remove sawhorses twice each weekday, but that was too labor-intensive. Later the device was installed, and that Council chose to take the legal risk. May 20, 2002 Cupertino City Council Page 6 James/Sandoval moved/seconded to accept staff's recommendation that the gate not be repaired. They also moved that staff should identify other traffic control devices in town and arrange for public input to consider removing those devices as well. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Council asked for a report back on other mitigation measures which might help with the problem, and that the traffic study be done during the time when the schools are open. Quails said that it would be similar to a design study for the safe routes to schools, and he would bring back information about those costs to Council at their budget study session. RECESS At 9:30 p.m., Council recessed. The meeting was reconvened at 9:40 p.m. STAFF REPORTS - continued 20. Revenue adjustments to the 2001-02 operating budget. James/Kwok moved and seconded to adopt the revenue adjustments as shown in the attachment to the staff report. The total mount of the revenue adjustment was a reduction of $2,876,800. Reductions in the General Fund revenues included taxes, licenses and permits, use of money and property, charges for services, miscellaneous revenue, and operating transfers in. Revenue adjustments were also made to the Housing and Communication Rehabilitation Loan Fund, the Park Dedication Fund, and Enterprise Funds, including Blackberry Farm, Sports Center, and the recreation program. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 21. Consider committing $57,800.00 of general fund money to construct an addition to the Cupertino High School field house, so that table tennis equipment can be stored on site, and purchasing table tennis equipment for an additional $9,000. Parks and Recreation Director Therese Smith explained that the Fremont Union High School District had conducted a bid opening but the low bidder had withdrawn the bid, so at this time the information is not current. Council concurred to continue this item to the June 3 meeting. 23. Report on City Center Plaza project at the Four Seasons Comer site (southeast comer of Stevens Creek Boulevard and De Anza Boulevard). Landscape architect Paul Lettieri made a presentation on the proposed conceptual plan for the open space at this location. May 20, 2002 Cupertino City Council Page 7 Public Works Director Ralph Quails explained that the city's bidding requirements and lead times do not make it possible to complete interim park improvements before the hotel opens in July. Instead, staff proposes a hearing in early June to change a condition on the hotel's use permit. Instead of requiring the hotel to pay $30,000 fee toward pedestrian improvements, they could take responsibility for the interim park. Tamsen McCracken, representing the Kimpton Group, said their landscape contractor anticipates being able to complete the park on time. The details about cost still needed to be worked out. She invited the Council members to a tour of the hotel and said they were on schedule to open July 2. Don Bragg, representing the Cupertino City Center Owner's Association, which owns the open space, and also representing the Verona Apartments, which is adjacent to the open space. He said that when Council does get ready to adopt the plan for the open space, the owners association must also approve it. They are still working with the conceptual plan, and in particular the grove of trees, which is in front of the retail stores. He mentioned the budget concerns related to the cost of this conceptual plan, and said they are optimistic that when the apartments open this will be a completed project. Their target date for opening the apartments is about March or April of 2003. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None ADJOURNMENT At 10:50 p.m. the City Council adjourned to a budget advisory study session from 5:00 p.m. to 9:00 p.m. on Tuesday, May 28. Kitty 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.cupertino.om. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.