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CC 04-01-96 CC-920 Cupertino City Council Regular M~ting April 1, 1996 PLEDGE OF ALLEGIANCE At 6:45 p.m. the Council convened in the Council Chambers and Mayor Burnett led the Pledge of Allegiance. ROLL CALL Council members present: Michael Chang, Lauralee Sorensen, and Mayor Don Burnett. Council members absent: John Baufista, Wally Dean,. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles IGlian; Community Development Director Bob Cowan; Planner II Vera Gil; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Burner presented a proclamation to Barbara Ponze, who was retiring from County Sheriff's Office. Ms. Barbara Rogers presented her with a bouquet of roses as a token of appreciation from her friends. Mayor Burner presented a proclamation to Terry Mullen, Santa Clara County Probation Officer. Councilmember Sorensen and City Manager Don Brown commented on his successful truancy program and his dedication. Mr. Mullen said he was honored to have the job and receiving this recognition is icing on the cake. Brown said that a celebration in his honor was scheduled for April 12. ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar as recommended by staff. Chang seconded and the motion carried 3-2 with Bautista and Dean absent. 1. Resolution No. 9584: Accounts Payable, March 15, 1996. ..- 2. Resolution No. 9585: Accounts Payable, March 22, 1996. 3. Resolution No. 9586: Payroll, March 22, 1996. April 1, 1996 Cupertino City Council Page 2 4. Approval of the minutes for the March 18, 1996 regular meeting, amended to delete the "-' this phrase from thc last line of Page 9: "The motion carried 5-0." 5. Review and approval of Fine Arts Orants awards. 6. Resolution No. 9587: Accepting quitclaim deed and authorization for underground water rights, Wen-Sung Liu and Yu-Fen Huang, 10220 Peninsula Avenue, APN 326-22-032. 7. Acceptance of municipal improvements: Lotus Development Corporation, Inc. (Barre Barnes) project on San Femando Avenue, Tract 8585. 8. Review of application for transfer of Alcohol Beverage Control license for Sports City Cafe of Cupertino LLC, Sports Magic, Inc., 10745 North De Anza Boulevard. 9. Monthly Treasurer's Report and budget update, February, 1996. Vote Members of the City Council AYES: Bumett, Dean, and Sorensen. NOES: None ABSENT: Baufista, Chang, ABSTAIN: None PUBLIC HEARINGS 10. Public heating to review and approve use of twenty-seeoud year (1996-1997) Community Development Block Grant (CDBG) funds, including a Cupertino Community Services request for funds to purchase a four-plex. (a) Resolution No. 9588: Authorizing submittal of funding proposal for the twenty- second program year (1996-1997) of the Community Development Block Grant. Vera Gill, Planner II, reviewed the staff report and highlighted the public services requests which had been received. Staff recommendation was as follows: Program Adminis~afion $15,000 Public Service Grant Implementation $8,000 CCS - Rotating Shelter $15,000 CCS - Affordable. Housing Placement $11,250 Social Advocates for Youth $9,375 Urban County Rehab. Services $15,000 CCS Four-Plex $116.375 Total $190,000 Transfer $25,000 f~om the rehabilitation program income account to cover city staff costs. Transfer $100,000 from the rehabilitation program income account to cover remainder of CCS purchase. Relocation costs for the CCS purchase of a four-plex shall April 1, 1996 Cupertino City Council Page 3 _ be covered by the program income account. Allocate $400 from BMR in-lieu fees for computer memory upgrade. Bumett opened the publi~ hearing. Ms. Mary Ellen Cheil, representing Cupertino Community Services (CCS), and Ms. Rachel Grabowski, representing Social Advocates for Youth, thanked Council for their support. The public hearing was closed. Sorensen moved to adopt Resolution No. 9588 approving staff's recommendations. Chang seconded and the motion carried 3-2 with Bautista and Dean absent. NEW BUSINESS 11. Acceptance of Marlo Pinedo's resignation as business representative on the Cupertino Housing Committee and appointment of Jill Collins. The City Clerk reviewed the staff report. Sorensen moved to accept the resignation and appoint Ms. Jill Collins to the Cupertino Housing Committee. Chang seconded and the motion carried 3-2 with Bautista and Dean absent. 12. First reading of Ordinance No. 1724: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code Relating to the Establishment of Parking Prohibition Along Certain Streets on the East Side of De Anza -' Boulevard From Lazaneo Drive to the Northerly City Limits and Declaring the Urgency Thereof." The City Clerk read the title of the ordinance. S0rensen moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 3-2 with Bautista and Dean absent. ORDINANCES 13. Second reading and enactment of Ordinance. 1723: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 3.32 of the Cupertino Municipal Code to Reduce the Tax Rate for Various Classes of Land Use Activities Regulated by the BQ (Q~_~osi-Public) Zoning Di~trlct. The City Clerk read the title of the ordinance. Sorensen moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading, thereof. Motion carried 3-2 with Bantista and Dean absent. Sorensen moved and Chang seconded to enact Ordinance No. 1723. Motion carried 3-2 with Bantista and Dean absent. - COUNCIL REPORTS Chang said he had attended a Planning Commission conference in Los Angeles with staff and had brought back some materials on youth programs. The City Manager could April 1, 10/)6 Cupertino City Council Page 4 _. provide copies to any Council member that was interested. He reminded everyone that the Cherry Blossom Festival was April 13 and 14, and Council members were invited to take a sh/ft at the booths. Burner noted that h/s monthly bike ride would be passing that way as well. Sorensen said that the planning for the Fourth of July celebration was still moving ahead, and the city would appreciate any donations for this event. The City Manager said that Legislative Review Members Dean and Baufista had not been present, but staffwas recommending that Council oppose AB 3053 (Brulte) Development Fees, and support AB 3365 (Campbell) Gang Suppression Funds, eligibility of parks and Recreation Programs. Chang moved and Sorensen seconded to approve staff's recommendations. The motion carried 3-2 with Baufista and Dean absent. Bumctt said there had been a meeting with Kaiser Cement about addressing the dust problem. He was very impressed with their response and a number of possible ways to solve the problem have been proposed. The fundamental issue is to insure that the trucks are leaving the quarries clean. There is also a new vacuum/sweeper being tested. The Public Works Director said the initial results of that new piece of equipment are very impressive. CLOSED SESSION At 7:16 p.m. Council recessed to hold a closed session in Conference Room A to discuss negotiations for purcbA.~e, sale, exchange, or lease of real property purs~mqt to 13ovemment Code Section 54956.8 - John and Nancy Tracy, 10431 Miller Avenue. At 7:26 p.m. Council reconvened in open session. Chang moved and Sorensen seconded to appropriate $221,000 for the purpose of acquiring the property in question. ADJOURNMENT At 7:27 p.m. the meeting was adjourned. city Cler .