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CC 06-17-02CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Monday, June 17, 2002 PLEDGE OF ALLEGIANCE At 6:45 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, 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. Mayor Lowenthal re-ordered the agenda to take up Oral Communications next. ORAL COMMUNICATIONS Mr. Ed Hirshfield, 734 Stendhal Lane, asked that the city take a more pro-active approach to addressing and preventing blight in the city. He listed a number of problems in his own residential neighborhood where property maintenance is substandard. Hirshfield said the factors leading to blight include inadequate landscaping or maintenance of landscaping; parking of non- functional vehicles, inadequate maintenance of buildings, outdoor storage of other items such as trailers, and overpopulation in some houses, which creates an impact on traffic and parking. Mr. Don Bumett, 729 Stendhal, said there was a staff reconunendation to delay the Stevens Canyon Widening project. He said it was critical to do so to prevent more tragic events such as the death of Jeff Steinwedel, who was killed when his bicycle was struck by a gravel track. Bumett said that in the truck driver's trial, the jury declared that it was an unsafe place for a truck to pass a bicycle. CEREMONIAL MATTERS AND PRESENTATIONS Mayor Lowenthal welcomed a delegation from Cupertino's sister city of Hsin-chu City, Taiwan, and presented a proclamation declaring June 17, 2002, to be Hsin-chu City Day. June 17, 2002 Cupertino City Council Page 2 POSTPONEMENTS - None WRITTEN COMMUNICATIONS. None CONSENTCALENDAR James/Kwok moved to approve items 1-9 on the Consent Calendar as recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 1. Approve the minutes from the May 20, 28, and June 3 City Council meetings. Accept Accounts Payable from May 24, 31, and June 7, Resolution Nos. 02-104 to 02- 106. 3. Accept Payroll from June 7, Resolution No. 02-107. 4. Approve the terms and conditions of employment for fiscal year 2002/03: Amend the Memorandum of Understanding between the City and the Cupertino City Employee's Association, Resolution No. 02-108 Amend the Memorandum of Understanding between the City and Operating Engineers Local No. 3, Resolution No. 02-109 Amend the compensation program for unrepresented employees, Resolution No. 02-110 Fix the employer's contribution for medical insurance, Resolution No. 02-111 Amend the Administrative Rules and Regulations of the Personnel Code, Resolution No. 02-112. Approve Contract Change Order (CCO) No. 2, Safe Routes to Schools Project, in the amount of $3,700 for a total contract mount of $355,200, Resolution No. 02-113. Set a public hearing for July 15, 2002 to change a street name from Maryknoll Court to Peralta Court, Resolution No. 02-114. Approve the Second Amendment to the Agreement Agency Agreement for Household Hazardous Waste, Resolution No. 02-115. Accept the Completed City Project for the Annual Maintenance Contract with Tally Enterprises for Sidewalk, Curb, and Gutter Reconstruction. Adopt resolution accepting $20,000 payment from Mission West Properties as payment in full for housing mitigation fees for a building located at 10466 Bubb Road, Resolution No. 02-116. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - none June 17, 2002 Cupertino City Council Page 3 PUBLIC HEARINGS lO. Adopt the FY 2002-03 rates for the Assessment of Storm Drainage Fees the Nonpolnt Source Program, Resolution No. 02-117. No fee increase was recommended. Mayor Lowenthal opened the public hearing. There were no speakers, and the hearing was closed. Chang/Sandoval moved to adopt Resolution No. 02-117. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 11. Consider the appeal of the Planning Commission's approval of application U-2002-02, a use permit to allow a six-bedroom residence at 10567 Glenview Avenue to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right. Council watched a brief video roll-in prepared by staff, and Associate Planner Peter Gilli gave the staff report. He said the city's authority to deny the use is limited, and is restricted to matters associated with the zoning code, housing code or fire code. He said that there is a parking condition that on-site parking is to be used before cars are parked on the street, and the residents have not been following that requirement. However, conditions 7 and 8 required by Planning Commission Resolution 6132 have already been met. Jeffery Janoff, the attomey representing Support Systems Homes, said they held an open house for the neighborhood, followed by a public meeting at the library. He explained that the program is to provide a drag-free and alcohol-free living environment for people who have been convicted of non-violent drug-related crimes. He also discussed the program's good neighbor policy. E. J. Conens, 10480 Pineville, spoke in opposition to this program because of house size, parking impacts, and proximity to several schools. Robert Harrison, a nearby resident, spoke in opposition to the program because of the impact that 16 adult residents in one home had on parking and property values. City Attorney Charles Kilian said that by right, a home of this size could have 10 residents. A use permit is required if there will be more than 10 residents., but the State of California's requirements put the burden of proof on the residents and the city to provide specific findings based on evidence of how the additional people were a threat to public health and safety. Sandoval/James moved to deny the appeal and to uphold the Planning Commission's decision as set forth in Planning Commission Resolution 6132, with conditions 7 and 8 deleted as described in the staff report. KwokdChang offered a friendly amendment to continue this item for two weeks to allow the program manager and the neighborhood June 17, 200') Qupertlno City Counell Page 4 12. residents more time to discuss the issues. The mended motion failed to carry by the following vote: Ayes: Chang, Kwok, Noes: James, Lowenthal, and Sandoval. The main motion to deny the appeal carried by the follow{ng vote: Ayes: Chang, James, Lowenthal, gandoval. Noes: Kwok Discuss and adopt the 2002/03 Budget/Capital Improvement Projects (CIP), Resolution No. 02-118 and 02-119. Discuss new programs funded in budget Discuss new programs not currently funded Discuss expanded revenue enforcement Grant a Negative Declaration Report and evaluate various capital projects and options for the funding of the Capital Improvement Program (CIP) for FY 2002-03. Administrative Services Director Carol Atwood showed a PowerPoint slide show and highlighted the new programs under consideration shown on page 12-2 of the Council packet. James/Sandoval moved to fund the following items. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. · Walkability Modifications $I00,000 · Mobile Skatepark 88,585 · Translation Services 30,000 · Teen Commission 12,218 · Teen Website 3,000 · Senior Center Bilingual Interns 12,100 · Multi-Lingual Health Fair 4,000 · Lunar New Year Parade 10,000 · Teacher/Senior Housing Rental Program to be determined · Sheriff Substation at Quinlan Center to be determined · Sports Center Child Watch Program 28,000 · CUSD Field House Parmership 37,000 James/Chang moved to take the following steps in regarding to debt refinancing & issuing. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. · Refinance current debt and extend the maturity date to 2030 · Eliminate the Bond reserve and use the $5 million toward the new library project. In lieu of the reserve, the city will apply for bond insurance. · Issue new debt for the following Capital Improvement Projects: Library $5,000,000 Sale of Property in-lieu 5,000,000 Animal Shelter 665,000 JuElg 17, ')00~ ~uper[lno ~l~y (~oun¢,l P~e ~ Sandoval/James moved to take the following steps in regarding to increased revenue enforcement, vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. · Assess Transient Occupancy Tax (TOT) on apartment complexes with "guest units" · Assess a business license tax on vendors selling at the DeAnza Flea Market, Farmers Market, and various community festivals · Implement a non-resident fee for use of the mobile skate park Sandoval/Chang moved to adopt staff's recommendation on the reserve policy, as follows. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. · Use all the Capital Improvement Projects (CIP) fund of $5 million for the five- year CIP budget for fiscal year beginning 2002-2003. · Use funds as needed from the $2.5 million Economic Uncertainty Fund in order to balance any shortfall in fiscal year 2001-2002. · Retain a reserve of $7.5 million in the Disaster Recovery Fund. Sandoval/James moved to fund the capital improvement projects as follows. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. · Add $662,000 to the 4 Seasons/gateway project (425-9313) · Decrease the following CIP budgets: o $100,000 Apple Public Art in-lieu (420-9703) o $220,000 skate park (420-9115) o $200,000 Mary Avenue Crosswalk (270-9447) o $200,000 De Anza Crosswalk enhancement (270-9446) · Add $58,000 to the CIP reserve Kwok/Chang moved to adopt a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. KwolUChang moved to adopt Resolution 02-118 adopting an operating and capital improvement budget for fiscal year 2002, as proposed with the changes noted above. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Kwok/Chang moved to adopt Resolution 02-119 adopting the appropriation limit. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. RECESS Council recessed from 9:05 to 9:20 p.m. PLANNING APPLICATIONS - None June 17, 2002 Cupertino City Council Page 6 UNFINISHED BUSINESS - None NEW BUSINESS 13. Order the abatement of public nuisance (brush) pursuant to provisions of Ordinance 724 and Resolution No. 02-087, Resolution No. 02-120. There were no individuals who wished to address City Council on this item. Sandoval/James moved to adopt Resolution 02-120 and order the Fire Marshal to abate the nuisances. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 14. Consider endorsement of HR 4058 to achieve parity between the inunigration status required for airport employment and military service. Anna Polman Black, Gardena Drive, asked why the city should be involved in matters involving airport security and immigration. She felt that people who live in this area for many years should become citizens. Sandoval/Chang moved to endorse the bill and authorize the Mayor to submit a letter to the state and congressional legislators. The motion carried by the following vote: Ayes: Chang, Kwok, Sandoval. Noes: James, Lowenthal. 15. Consider removing the restriction on skateboarding in the Civic Center area. James/Lowenthal moved to have staff prepare a draft ordinance, which would remove the restrictions on skateboarding. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: Kwok. 16. Consider acquiring public sculpture and confirm site selection and public input process. Kwok/Sandoval moved to remove this item from the agenda, since Council's action on the budget removed the funding source for this project. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 17. Confirm date of August 19 to interview Teen Commission candidates from Hyde Middle School and Homestead High School. Council concurred to schedule interviews on August 19 at 5:00 p.m. ORDINANCES 18. Conduct the second reading of Ordinance No. 1897: "An Ordinance of the City Council of the City of Cupertino Amending Chapters 3.22 and 3.23 of the Cupertino Municipal Code Regarding the Purchasing of Supplies, Equipment and Services." June 17, 2002 Cupertino City Council Page 7 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 second reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. James/Kwok moved to enact Ordinance No. 1897. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS - None COUNCIL REPORTS - None Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None ADJOURNMENT At 10:05 p.m. the City Council adjourned to June 19 at 5:00 p.m. in Conference Room A for the first round of Teen Commission interviews. Kimberly Smith~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. 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.