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CC 10-07-02CUPER TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, October 7, 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 Sandovai. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Parks and Recreation Supervisor Mike O'Dowd; Assistant Public Works Director Glen Goepfert, City Planner Cynthia Wordell, Senior Planner Aarti Shrivastava, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Receive a report from the Cupertino Bicycle and Pedestrian Advisory Committee (BPAC) regarding its accomplishments. David Greenstein, chairman of the Cupertino Bicycle and Pedestrian Advisory Committee, gave a PowerPoint slide presentation reviewing the committee's accomplishments for the year and recommending some goals for consideration by the newly forming Bicycle Pedestrian Commission. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Jim Homer, 23293 Summit Road, said he had been a contractor with Tally's Enterprises for more than 10 years. He discussed complaints filed against the company that claimed that State- mandated prevailing wages had not been paid, and which had been previously brought to the October 7, 2002 Cupertino City Council Page 2 attention of Council member Sandoval and staff. He referred to a demand letter by the State of California ordering Tally's Enterprises to pay of $391,000. He asked the City Council to bar this contractor from working in the city. The City Attorney asked to see some written documentation of the claim, and said if the contractor failed to pay prevailing wage on a city contract, the city can immediately end the contract and bar future awards. If the failure to pay did not occur on the city contract, then the city's responsibility is to determine if this is a responsible bidder. He explained that the demand letter is the commencement of a process, not a final determination, and it puts the city on notice that there's a need to investigate. Atenogene Huerta, speaking through a translator, said that he had worked for Tally's Enterprises for 8 or 9 months, and was only paid $1 O/hour for doing concrete work, which he did not think was fair. Neil Struthers said he was the Chief Executive Officer for the building trade council. He asked the city council to consider adopting resolutions and policies which would change contracts to require certified payrolls and laws before progress payments are made, implement a labor compliance program, and consider implementing a pre-qualification process. Council asked the City attorney to investigate the matter. He said he would report back in 30 days. CONSENT CALENDAR James/Kwok moved to approve items 2-18 on the Consent Calendar as recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 2. Approve the minutes from the September 16 City Council meeting. Adopt a resolution accepting Accounts Payable for September 13, 20, and 27, Resolution Nos. 02-177, 02-178, and 02-179. 4. Adopt a resolution accepting Payroll for September 27, Resolution No. 02-180. 5. Accept the Treasurer's Budget Report - August 2002. Approve the destruction of records from Finance and Code Enforcement files that are in excess of two years old, Resolution No. 02-181. Adopt a resolution setting the date of November 4 to approve the annexation of area designated "Byme Avenue 02-06", property located on the west side of Byme Avenue between McClellan Road and Dolores Avenue; approximately 0.149 acre, Xu (APN 357- 12-038), Resolution No. 02-182. October 7, 2002 Cupertino City Council Page 3 Adopt a resolution setting the date of November 4 to approve the reorganization of area designated "Creston Drive 01-04", property located on the north side of Creston Drive between Berkeley Court and Aldemey Court; approximately 0.335 acm, Hsu and Chen (APN 326-12-060), Resolution No. 02-183. Adopt a resolution making determinations and approving the reorganization of area designated "Creston Drive 02-03", property located on the north side of Creston Drive between Berkeley Court and Foothill Boulevard; approximately 0.541 acre, Johnson and Whittaker (APN 326-12-062), Resolution No. 02-184. 10. Approve a fee waiver request from the Cupertino Symphonic Band in the approximate amount of $487.50 in facility use fees for two free public events: 1). A Veterans Day Concert on November 8, 2002 ($375.50). 2). A Holiday Concert on December 1 I, 2002 ($112.00). Both events will be at the Quinlan Center. 11. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale in the approximate amount of $100.00 in facility use fees for a Candidates Forum for citizens of Cupertino on October 23, 2002, at the Quinlan Center. 12. Approve a fee waiver request from the Fremont Union High School District (FUHSD) Board of Trustees in the approximate amount of $75.00 in facility use fees for a FUHSD reception for a new superintendent on October 10, 2002, at the Quinlan Center. 13. Approve a fee waiver request from the Iranian Federated Women's Club and Payvand Cultural School in the approximate amount of $2,974.00 in facility use fees for its Sixth Annual Arts and Cultural event that was held at the Quinlan Community Center on Sunday, September 29, 2002. 14. Approve a fee waiver request from the Cupertino Rotary Club in the amount of $9,133.00 in facility use fees for the 2002 Oktoberfest. 15. Accept improvements: Roger and Annie Wang (grading, off-site improvements.), 11631 Upland Way, APN 316-21-029. (No documentation in packet). 16. Accept progress report on E-Waste program. 17. Accept informational report on environmental policies. 18. Receive a report on the schedule to revise Chapter 10.48 (Noise Ordinance) of the Cupertino Municipal Code regarding home maintenance activities - leaf blowers. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS - None October 7, 2002 Cupertino City Council Page 4 PLANNING APPLICATIONS 19. Approve applications M-2002-07 and EA-2002-13 located at 10441 Bandley Avenue, City of Cupertino (APN 369-33-079). The Cupertino public library proposes to occupy this space while the new library is being constructed. Grant a Negative Declaration Approve modification of an approved use permit (2-U-77) to allow a temporary library use (Cupertino Public Library) in an existing industrial office building at 10441 Bandley Drive James/Chang moved to adopt a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. James/Chang moved to approve the modification to the use permit. Vote: Ayes: Chang, Janaes, Kwok, Lowenthal, Sandoval. Noes: None. UNFINISHED BUSINESS - None NEW BUSINESS 20. Receive a report on the Community Survey conducted by Godbe Research for the Blackberry Farm Master Plan. Parks and Recreation Director Therese Smith reviewed a PowerPoint slide presentation titled "Stevens Creek Corridor, Stakeholders' Visions, Final Report." That report summarized the major themes heard in the participants' discussions as well as their visions for the Stevens Creek Corridor Trail. "Stevens Creek Corridor Master Plan Presentation." They included a history of Blackberry Farm acquisition, statistics about services and amenities provided to visitors, fees and revenues, and facility improvements. Consultant Brian Godbe reviewed slides titled "City of Cupertino Parks and Recreation Survey, Oct. 7, 2002." He reviewed the objectives and methodology of the study and discussed charts that illustrated responses to the survey. The conclusions were: ,, Over 80 percent of respondents supported the proposal of adding a network of multi- use trails along Stevens Creek. · Residents were split on whether the trails should allow multiple uses or just be used for walking. · Preservation of McClellan Ranch and restoration of Stevens Creek are among the top three priorities. People are concerned with park revenue, but there are strong majorities and pluralities of respondents support eliminating the entry fee and charging for picnic or pool use. · Less than ten percent of respondents indicated that changes should be made at the picnic grounds, McClellan Ranch Park, the golf course, or the swimming pool. October ?, 2002 Cupertino City Council Page 5 · Reducing fees for the switmning pools is a top priority, and residems would like to see the pool open year-round, and the number of pools increased or the current pools enlarged. · The majority of respondents do not want to see the golf course changed and are more supportive of maintaining the Stocklmeir property and picnic grounds than enlarging the golf course. · Respondents felt that the picnic grounds at Blackberry Farm should be moved away from the creek to facilitate creek restoration, the facility should be upgraded and include a playground for children, and respondents would like to see more community events. · McClellan Ranch Park preservation was among the top three priorities of respondents, and most residents preferred keeping the Blue Pheasant Restaurant as it is, with changes in hours and menu, rather than converting it to a golf and snack shop. Marc Auerbach, Planning Commissioner, suggested that there be guiding principles to inform the direction of the corridor development, such as nature conservation, revenue generation, etc. His primary goal was the creek restoration, and he suggested a soft surface near the creek and a harder surface father away from it. He said that it is important to be very clear about the definitions of the terms trail and open space. Bill Walster, 22116 Dean Court, distributed and read a letter dated October 7, 2002, objecting to the process used to present the information and to solicit input from the citizens about the use and alignment of the trail. He also questioned some of the tabulation methods used in the survey. Rhoda Fry, 10351 San Fernando Avenue, said she and her neighbors were excluded from the Stevens Creek Corridor feasibility report. She referred to the removal of trees along Blackberry Farm and asked that they be replanted. She also asked that Council consider moving the Blackberry Farm entrance and conduct a traffic study. Deborah Jamison, 21346 Rumford Drive, asked for clarification on the telephone survey and how they reached people who didn't answer in the evenings, or who had business and residential phones on the same number. She asked for a copy of the survey. Jamison said that the Simms property is a part of the McClellan Ranch and felt it should be considered an extension of it. She said that the trail has four elements to consider, which are not defined by calling it "multi-use." Those elements are the surface, width, alignment, and usage. Abe Sanches, 1726 Delaware Avenue, suggested the city contact the city of Santa Cruz, which has many multi-use trails in its community. He also asked about how the telephone prefixes were selected. Brian Godbe explained in greater detail the methodology for reaching survey respondents. October 7, 2002 Cupertino City Council Page 6 Comacil accepted the report. Therese Smith said the next step would be to take this to Parks and Recreation Commission to accept public comments. However, some general policy guidance would be needed before then. The Council concurred to hold a study session at Blackberry Farm to focus on a few key items, and asked the staff to place an item on the next agenda to select dates and times for a joint study session with the Parks and Recreation Commission. 21. Consider setting the date of November 4 at 5:00 p.m. for a study session with the representatives of the Chamber of Commerce regarding the General Plan revision. Council concurred to hold a joint study session of the City Council and the Planning Commission on November 4, meeting with the Chamber of Commeme and all other interested parties regarding the proposed Downtown Village Specific Plan. ORDINANCES 22. Conduct the second reading of Ordinance No. 1901: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.84, Second Dwelling Units in R-l, RHS, A and A-1 Zones, of the Cupertino Municipal Code." 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. 1901. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 23. Conduct the second reading of Ordinance No. 1903: "An Ordinance of the City Council of the City of Cupertino Authorizing an Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System to enhance 1959 survivor benefits." The City Clerk read the title of the ordinance. James/Sandoval 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/Sandoval moved to enact Ordinance No. 1903. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. October 7, 2002 Cupertino City Council Page 7 CLOSED SESSION - None ADJOURNMENT At 9:30 p.m. the meeting was adjourned to October 14 at 3:30 p.m. at Blackberry Farm Retreat Center, 21975 San Femando Ave., Cupertino, for a closed session regarding performance evaluation pursuant to Government Code Section 54957 for an evaluation of the City Manager. K'~ity 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.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.