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CC 07-15-02CID' OF CUPEK..T O APPROVED MINUTES CUPERTINO CITY COUNCIL Monday July 15, 2002 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. Cupertino Housing Commission members present: Chairperson Sarah Hathaway-Feit and Commissioners Julia Abdala, Frances Seward, and Richard Schuster. Commissioners absent: Richard Abdalah. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Senior Planner Vera Gil, and City Clerk Kimberly Smith. At 4:35 p.m., Mayor Lowenthal called the meeting to order in City Hall Conference Room C, 10300 Torre Avenue, Cupertino. STUDY SESSION Joint study session with the Cupertino Housing Commission to continue review of selection criteria for Below Market Rate (BMR) program and update on options for encouraging public service employee housing. Jaclyn Fabre, Executive Director of Cupertino Community Services, reviewed a handout that listed preliminary recommendations for the Below Market Rate Housing Sales and Rental Programs. Phil Mater, representing the Prometheus Group, noted that increasing the required BMR units from 10-15% is an enormous increase and will affect the viability of future projects. He said the salary ranges of public service workers such as firefighters limit them to the low-income category instead of very-low income. He recommended that 5% of the BMR be assigned to very-low income and 10% be assigned to low income. The Council members concurred on the following items: ., To qualify, at least one person in the household must be a permanent employee for _ at least 35 hours per week, 25 hours of which much be in Cupertino July 15, 2002 Cupertino City Councll ~age ~ The point system used to prioritize applications shall be modified to give 2 points to Cupertino workers, 1 point to Cupertino residents, and 1 point to public service workers · Retain the current wording in the Mitigation Manual that describes the objective of the BMR program · Retain the current Housing and Urban Development (HUD) program guidelines · To refer this matter to the Housing Commission for further review and recommendation back to Council. RECESS At 6:12 p.m. the Cupertino Housing Commission adjourned, and the City Council went into recess. They reconvened in Conference Room A at 6:18 p.m. 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, Public Works Director Ralph Quails, Environmental Programs Manager Lavenia Millar, and City Clerk Kimberly Smith. CLOSED SESSION At 6:18 p.m., City Council recessed to a closed session in Conference Room A to discuss the following: 2. Pending Litigation - Government Code Section 54956.9(a), City of Cupertino vs. International Disposal Corporation (IDC), California, case #CV793115. At 6:41 p.m. Council reconvened in open session and the City Attorney announced that the City Council directed counsel to proceed along the lines discussed in closed session. RECESS City Council was in recess from 6:42 p.m. to 6:48 p.m. PLEDGE OF ALLEGIANCE At 6:49 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. July 15~ 2002 Cupertino City Council Page 3 ROLL CALL City Council members present: Mayor Richard Lowenthal, Vic¢-Mayur 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 Developmem Director Steve Piasecki, Senior Planner Vera Gil, Public Information Officer Rick Kitson, Public Works Director Ralph Quails, and City Clerk Kimberiy Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. E. J. Conens, Cupertino resident, referred to development planned at the Town Center, and asked that Council not allow any building beyond the current height limits. Mr. Paul Flowers, 2109 Coolidge Drive, discussed the impact of DeAnza College construction on student parking. He asked if the parking spaces on Mary Avenue that were designated for Senior Center parking could be re-opened for public parking. He also noted that many students got parking tickets because they didn't see the new signs for restricted parking. Ms. Leila Forouhi, 11551 Upland Court, also asked to have all parking on Mary available to the public, and to have ticket costs refunded to students who were not aware of the new restrictions. She referred to a recent accident on Bubb Road involving a little boy on a bicycle, and she asked about what steps the City was taking to improve bicycle and pedestrian safety. CONSENT CALENDAR Kwok/James moved to approve items 3-11 and 14-17 on the Consent Calendar as recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 3. Approve the minutes from the July 1 City Council meeting. 4. Accept Accounts Payable for June 28 and July 5, Resolution Nos. 02-129 and 02-130. 5. Accept Payroll for July 5, Resolution No. 02-131. 6. Accept the Treasurer's Budget Report for May 2002. 7. Approve application for an Alcoholic Beverage License, Target Corporation, 20745 Stevens Creek Boulevard. July 15, 2002 Cupertino City Council Page 4 Approve a fee waiver request in the approximate amount of $11,433.00 for the Cupertino Chamber of Comrnerce's 2002 Art and Wine Festival. Rescind Resolution No. 01-211 and adopt the amended Conflict of Interegt Code of the City of Cul~ertino for officials and designated employees, Resolution 02-132. lO. Recommend the appointment of Marc Auerbach as the City representative to the San Tomas Aquino/Saratoga Creek Trail Streamside Park Committee. 11. San Tomas Aquino-Saratoga Creek Trail: a). Authorize the City Manager to negotiate a Joint Use Agreement with Santa Clara County for the San Tomas Aquino-Saratoga Creek Trail, Resolution No. 02-133 b). Authorize the City Manager to negotiate a Joint Use Agreement with Santa Clara Valley Water District for the San Tomas Aquino-Saratoga Creek Trail, Resolution No. 02-134 14. 15. Accept improvements (curb & gutter, AC pavement, driveway, grading) for Michael and Malka Nagel, 10180 Camino Vista, APN 342-14-057. (No documentation in packet). Approve Contract Change Order No. 1 in the amount of $ 3,301.69 for the Traffic Signal Modification Project at Blaney Avenue and Stevens Creek Boulevard, City Project No. 2001-01, Resolution No. 02-135. 16. Accept city projects performed under contract for the TralTlC Signal Modification Project at Blaney Avenue and Stevens Creek Boulevard, City Project No. 2001-01 (Republic Electric). (No documentation in packet). 17. Approve a transfer totaling $124,253 in Community Development Block Grant (CDBG) funds from the affordable housing fund account to the Cupertino Community Services Vista Drive development account, Resolution No. 02-136. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 12. Review bids and award contract for the San Tomas Aquino-Saratoga Creek Trail (Reach 5), Project 2002-9116 to Grade Tech. Inc. in the amount of $400,043.00; and approve a construction contingency of $40,000.00. Sandoval/Chang moved to adopt the staff recommendation, which was to award a contract for the San Tomas Aquino-Saratoga Creek Trail (Reach 5) Improvement Project, Project 2002-9116 to Grade Tech. Inc. in the amount of $400,043.00; and approve a construction contingency of $40,000.00; and authorize the City Manager to execute any necessary temporary construction and access easements for the project. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 13. Review bids and award contract for Maintenance of Curbs, Gutters and Sidewalks, Project No. 2002-02 to Tally's Enterprises in the amount of $520,635.00 and approve a July 15, 2002 Cupertino City Council Page 5 contingent amount of up to $150,000 for additional work that may be identified in the second half of the fiscal year as approved by the Director of Public Works. Sandoval said that a complaint had been filed against Tally's Enterprises regarding failure to pay prevailing wages, gancloval moved to reject all bids. Kwok seconded for purposes of discussion. Council members discussed whether this project should be delayed, rejected, or awarded to the next lowest bidder. Ralph Qualls, Public Works Director, noted that this issue had been brought to his notice in April, and he had requested documentation of the violation, but to date, none has been provided. He explained that if the contractor failed to meet prevailing wage provisions, the City could cancel the contract. Charles Kilian, City Attorney, explained a hearing that would be required if Council chose to select the next lowest bidder. Motion to reject all bids failed by the following vote: Noes: James, Kwok, and Lowenthal. Ayes: Sandoval and Chang. James/Kwok moved to award the project to the lowest bidder, Tally's Enterprises, in the amount of $520,635.00; and approve a contingent amount of up to $150,000 for additional work that may be identified in the second half of the fiscal year as approved by the Director of Public Works. Motion carried by the following vote: Ayes: James, Kwok, Lowenthal. Noes: Chang and Sandoval. PUBLIC HEARINGS 18. Conduct a public hearing and order a street name change within the city pursuant to Section 5026 of the Streets and Highways Code to change Maryknoll Court to Peralta Court. Sandoval/James moved to continue this item until August 19 at the request of staff. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 19. Conduct a hearing and approve assessment of fees for the annual Hazardous Vegetation Management Program (weed abatement on private parcels), Resolution No. 02-137. Mary and Harrison Ngai, owners of 7554 De Foe Drive, said they had not received notice of the abatement process. They acknowledged that a contractor had come to their property and removed weeds, but they believed the work was done on property that did not belong to them. Council directed staff to verify the ownership of the parcel and the location of the weed removal, and make any adjustments necessary to the list of parcels to be assessed. July 12, 2002 Cupertino City Council rase 6 Mr. Papken Der-Torossian, owner of 10410 Stem Avenue, said he had hired someone to remove the weeds but the contractor had transportation difficulties and was unable to do the job. Jamcs/Kwok moved to adopt Resolution 02-137. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 20. Set a public heating for a General Plan amendment to change the land use designation on a 1.57-acre parcel located at 10931 Maxine Avenue from Residential Low Density (1-5 Dwelling Units per Gross Acre) to Quasi Public, Resolution No. 02-138. James/Sandoval moved to adopt Resolution 02-138 and authorize a public hearing for a General Plan amendment. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 21. Review and comment on the library naming opportunities offered in conjunction with the Community Fundraiser for $1.2 million. KwokJSandoval moved to accept the report. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 22. Designate a Voting Delegate and alternate for the League of California Cities Annual Conference on October 2-5 in Long Beach. Council members concurred to designate Mayor Richard Lowenthal as the Voting Delegate and Council member Patrick Kwok as the alternate. 23. First reading of Ordinance No. 1898: "An Ordinance of the City Council of the City of Cupertino amending Chapter 11.080.270 Related to Skateboarding and Roller Skating." (Allows skating on the two concrete retaining walls parallel to and closest to Torre Avenue between City Hall and the Library). The City Clerk read the title of the ordinance. James/Chang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Lowenthal. Noes: Kwok and Sandoval. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None July 1 ~ 2002 Cupertino City Council Pase 7 ADJOURNMENT At 8:25 p.m. the meeting was adjourned to August 19 at 4:00 p.m. in Conference Room A to conduct interviews of Teen Commission applicants from Hyde Middle School and Homestead High School. A joint meeting with the Planning Commission will follow from 5:00 - 6:00 p.m. on August 19 in Conference Room C regarding Community Design and Transportation (with the Valley Transportation Authority). 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.