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CC 12-16-02CI OF CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, December 16, 2002 ROLL CALL At 4:00 p.m. Mayor Chang called the meeting to order at McClellan Ranch, 22221 McClellan Road, Cupertino, California, for a discussion of the McClellan Ranch Park Master Plan and a tour of the property. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. Staff present: City Manager David Knapp, Parks and Recreation Director Therese Smith, Recreation Supervisor Mike O'Dowd, McClellan Ranch Naturalist Barbara Banfield, and Deputy City Clerk Grace Johnson. Additional presenters of the Master Plan included: community members Deborah Jamison and Catherine Sleight, and former Parks and Recreation Commissioners V. Dean Skeels and Lonnie Toensfeldt. Study session regarding the McClellan Ranch Park Master Plan. A PowerPoint titled, "McClellan Ranch Master Plan Presentation" was given. The highlights included: · History of McClellan Ranch · Ordinance No. 710 adopted on January 5, 1976 designating McClellan Ranch as a Nature and Rural Preserve · Nature and Rural Preserve types of uses · Regulations and Guidelines for McClellan Ranch · McClellan Ranch Master Plan Committee · Excerpts of Master Plan Committee's opening letter · McClellan Ranch Master Plan Mission Statement · McClellan Ranch Master Plan Goals & Objectives Additional topics from the PowerPoint included: · McClellan Ranch Master Plan Implemented Improvements · History of and possible uses for the McClellan Ranch House, the Nature Museum, the Blacksmith Shop, the Caretaker Residence, the Big Barn, the Rolling Hills 4- H Club, the Community Gardens, the McClellan Ranch Orchard, and the Simms House December 16, 2002 Cupertino City Council Page 2 A tour was conducted of the Simms property and the Nature Museum. Council took no action but agreed that the community must support any changes since funding is an issue. Council was in recess from 5:30 to 6:45 p.m. PLEDGE OF ALLEGIANCE - 6:45 p.m. in the Council Chambers CALL TO ORDER ROLL CALL City Council members present: Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: None. CEREMONIAL MATTERS - PRESENTATIONS 2. Mayor Chang presented a proclamation to Captain Dennis Bacon of the Santa Clara County Sheriff's Office in acknowledgement of his promotion to Commander. 3. Proclamation to the Homestead High School football team, the new league champions. This item was postponed. POSTPONEMENTS 8. Streamline the ratification and approval process for budgeted payroll and accounts payable checks. This item was continued to January 21, 2003, so that it may be reviewed by the Audit Committee first. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Shing-Shwang Yao, 21441 Elm Court, spoke about flooding on his street. He said that he had been told that the City had increased the pipe size for output, but it still wasn't enough. Shannon Court, the street parallel to his, didn't have much flooding and he suggested directing water away from Elm Court. George Maclin, 21421 Elm Court, spoke about flooding on his street. He said that since 1978, the street has flooded several times and that cars and other personal property have been destroyed. The Public Works department has tried various solutions to resolve the problem, but it has only gotten worse. He would like the problem to be fixed. December 16, 2002 Cupertino City Council Page 3 CONSENT CALENDAR Sandoval/James moved to approve the items on the Consent Calendar as recommended, with the exception of items 14, 15, and 19, which were pulled for discussion, and item 8, which was continued to January 21. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 4. Approve the minutes from the Nov. 18 City Council meeting. Adopt resolutions accepting Accounts Payable for November 22, 29, and December 6, Resolution Nos. 02-220 through 02-222. 6. Adopt a resolution accepting Payroll: Resolution No. 02-223. 7. Accept the Treasurer's Budget Report - October 2002. Approve a recommendation from the Telecommunications Commission to award a public access grant. 10. Approve a recommendation from the Telecommunications Commission to award an educational grant to Cupertino and Lynbrook High Schools. 11. Declare weeds on certain properties a nuisance and set heating for January 21, 2003, Resolution No. 02-224. 12. Approve amendments to the Santa Clara County Cities Association bylaws. 13. Approve the updated emergency operations plan. 16. Accept a). b). c). improvements (No documentation in packet): Tao-Tsong Wang and Paul-Ling Sophia Yen, 21909 San Femando Avenue, APNs 357-15-047, 048, grading, curb and gutter, street light, street tree Riding/Davidson Creekline Dev. LLC, 7816 Festival Dr., Tract No. 9254, grading, sidewalks, street lights, curb and gutter Maxine Erlund and Mike E. Phillips, 10191 Lebanon Dr., APN 342-14-010, grading, curb and gutter, driveway approach 17. Adopt a resolution accepting grant of easement, roadway, John Yuan-Tai Chen and Heather Haihua Kuo, husband and wife, 10889 Miramonte Road, APN 356-01-037, Resolution No. 02-225. 18. Adopt a resolution setting a public hearing for January 21, 2003, to order vacation of a Public Utility Easement and a Wire Clearance Easement along the easterly property line of lots for the Civic Center and Library between Pacifica Drive and Rodrigues Avenue, west of Regnart Creek, Resolution No. 02-226. December 16, 2002 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 14. Approve the proposed amendment to the Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA). This amendment extends the deadline for notice of withdrawal from the Authority and the development and approval of the Authority's budget for fiscal year 2003-04. This item was heard after item 28. Sandoval/James moved to approve the amendment. Vote: Ayes: Chang, James, Kwok, Sandoval, Lowenthal. Noes: None. 15. Approve the resolution electing to become subject to the Uniform Public Construction Cost Accounting Act (UPCCAA) Procedures set forth in the Public Contracts Act, Resolution No. 02-229. Administrative Services Director Carol Atwood clarified that the City had previously filed for this in the 1970's and have been operating under this procedure, but was formalizing the policy to have the resolution in the records. This does not change the current bidding procedures. Sandoval/Lowenthal moved to adopt Resolution No. 02-229. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 19. Review bids and award contract for the Civic Center and Library Project Phase I Demolition, Salvage, Recycling and Site Preparation, Project 2002-9222, to the low bidder, Ferma Corporation, in the amount of $429,000.00, and approve a construction contingency of $45,000. Public Works Director Ralph Quails talked about the Site Waste Management Program, which states that 75-80% of the total project waste would be diverted from the landfill and recycled. Qualls responded to a question from Kwok regarding noise abatement and commented that the City would rigorously adhere to its noise abatement ordinance during library construction and would have hotline numbers available for complaints. Kwok/James moved to award the contract to Ferma Corporation and set the ground breaking ceremony for January 8, 2003 at 2:00 p.m. in the Civic Plaza. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARINGS 20. Consider adopting the street name of Lozano Lane for the private street created by Tract 9405, Campo de Lozano, a subdivision located on the south side of Rodrigues Avenue, between Torre Avenue on the west and Blaney Avenue on the east, Resolution No. 02- 227. (This item was continued from December 2). December 16, 2002 Cupertino City Council Page 5 James/Lowenthal moved to adopt Resolution 02-227. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PLANNING APPLICATIONS UNFINISHED BUSINESS 21. Approve the process and Council goals for the Stevens Creek Corridor Master Plan. Craig Breon, representing the Santa Clara Valley Audubon Society, said that people should have the opportunity to prioritize the goals. Regarding funding of the projects, he said that the water district has a grant-in-aid program and that perhaps they would be willing to help fund the effort. Robert Levy, 10802 Wilkinson Avenue, said that he was concerned about notification and that few of the people polled during the telephone survey knew anything about the properties, or were aware that the City owned them. The Cupertino Scene should have a large feature inviting people to join the mailing list. He also wanted to know what the attitude would be toward those people who are users of the facilities but aren't Cupertino residents. Deborah Jamison, 21346 Rumford Drive, said that City Naturalist Barbara Banfield and Recreation Supervisor Mike O'Dowd should be an integral part of the decision-making process. She reiterated that the county residents, who have strong bonds toward Blackberry Park and McClellan Ranch, should be involved and that their input is critical. She was concerned about the timeline and said that participants should not to feel rushed when presenting views via the proposed kit. Lowenthal/Kwok moved to adopt the process and the council goals as recommended in the staff report with the following changes: 1) Replace the wording regarding staff screening of submitted kits to say that participants will complete a self-evaluation form indicating adherence to council goals; 2) Direct staff to continue outreach to and participation by residents in the unincorporated areas of Monta Vista; 3) Amend council goal number 5 to read as follows: "Acknowledge and interpret the history of the area through a series of historical markers and through the preservation of buildings at McClellan Ranch, and other creative ideas;" 4) Hold a joint study session with the Parks and Recreation Commission to review the material in kits submitted by semi-finalists. Council also suggested that staff publish the finalists' material on the website. 22. Adopt the final language for the Housing Mitigation Procedural Manual. Council concurred to adopt the final language as recommended. December 16, 2002 Cupertino City Council Page 6 NEW BUSINESS 23. Hyde Avenue: Receive status report on issues and concerns raised by Hyde Avenue neighborhood. Adopt a resolution designating permit parking on Hyde Avenue, 24 hours a day, 7 days a week, on both sides of the street from Bollinger Road to Shadygrove Drive and designating a temporary 30-minute drop-off zone on the west side of Hyde Avenue, Resolution No. 02-228 (No action was taken on the resolution at this time). Denise Levin, 891 Hyde Avenue, said that she enjoyed living next to the fields when children use them, but the recent use of the fields by adult out-of-town men's leagues has changed all that. She said that the adults use foul language, change clothes at the curb, urinate in the street, are loud and noisy, interfere with the play and practice of the youth teams, and have lied to and deceived the City to obtain permits. She asked that the City restrict the use of school playing fields to youth teams only. She was impressed with the City of Santa Clara's policy regarding their playing fields, including requiring leagues to have liability insurance. She asked Council to make provisions to the ordinance on field use to strengthen the rules on use and establish consequences for their non-adherence. Farshid Iravani, 934 Hyde Avenue, said that 100% of the neighbors signed a petition asking Council for permit parking on Hyde and to study the implementation of speed bumps to reduce the volume of traffic on Hyde Avenue. He distributed color photos of a typical week on Hyde Avenue. He said that people double-park in the streets, park in front of fire lanes and hydrants, block driveways, and use driveways to mm around in. Neighborhood cars have been damaged due to this activity. He hopes people would start using the parking lot at the school instead of the street. He also distributed an analysis by neighbor Graham Cooney, which detailed and suggested a solution to the problem. Hal Barraclough, 928 Hyde Avenue, agreed with the previous speakers. He added a suggestion about a pick-up and drop-off zone in front of the gate at Hyde Avenue. Clyde Armstrong, 938 Femgrove Drive, did not like the exclusivity of pemdt parking areas. He asked Council to restrict parking but not to add a permit parking only zone. Council directed staff to discuss with the school district the following topics: Locking the gate on Hyde Avenue, opening a gate from the school parking lot to allow access to the play field, allow youth teams to lock the goals, add civility language to the field use policy document, and review the feasibility of creating a December 16, 2002 Cupertino City Council Page 7 "drop zone -no parking - drop zone" in front of the gate on Hyde Avenue. Staff was also asked to report on statistics regarding the issuance of parking violations and to see if a hand-washing system can be added to the existing portable toilet. Council took no action on the resolution. 24. Approve and formalize the City Council Computer Policy. Administrative Services Director Carol Atwood explained that the City has had an informal Council computer policy since 1998, which allows for computer equipment for each Council member's home use in addition to a shared computer/printer for the Council office, and a computer/printer for the Mayor's office. Training and staff support is also provided for all of the equipment purchased that is supported by the City (PC based). She asked that Council discuss the policy and adopt it formally. Sandoval/James moved to approve the computer policy as suggested by staff with the following amendments: I) Council members will have hardware and software available while serving on the City Council for home and/or for City Hall, as needed. 2) A consultant will be hired and available for any Council members wishing to use a Macintosh rather than a PC. Vote: Ayes: Sandoval, James, Lowenthal. Noes: Chang and Kwok. 25. Consider scheduling joint study sessions with the Planning Commission for a preliminary review of the proposed General Plan update. Council concurred to schedule joint study sessions with the Planning Commission on Tuesday, February 11 and Tuesday, March 4 from 5:00-8:00 p.m. ORDINANCES 26. Conduct the second reading of Ordinance No. 1906: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 (community noise control) of the Cupertino Municipal Code regarding hours of operation for home maintenance activities - use of power equipment and other related issues of clarification." The City Clerk read the title of the ordinance. Sandoval/Kwok moved and seconded to read the ordinance by title only, with the addition of an exemption for schools to allow maintenance activities to begin at 7 a.m., and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS 27. Receive status report on Library project. City Manager David Knapp gave a brief update on the opening of the temporary library and said that it would be delayed until December 30. Materials may still be received December 16, 2002 Cupertino City Council Page 8 through the door slot, but no materials will be checked out. The other libraries branches are available for checkout of material. Public Works will ask library staff about holding a brief opening ceremony. Council concurred to receive the report. 28. Receive status report on the Animal Control Joint Powers Authority (JPA). Administrative Services Director Carol Atwood summarized the report via a PowerPoint presentation, which was prepared by the Cities of Sunnyvale, Cupertino, and Los Gatos. The presentation included the following points: · History of SVACA (Silicon Valley Animal Control Authority) · Current status of the JPA · Member concems · Summary of analysis · Recommendations · Discussion and questions She explained that the City has concerns over rising costs and projected costs of remaining a member of SVACA. In the JPA, the City members must give SVACA notice by December 31 in order to withdraw from the JPA as of July 1, 2003. The SVACA board extended that deadline for this year only to March 31. Agenda item #14 would approve the JPA amendment to extend the deadline to withdraw from the JPA. Council received the report. STAFF REPORTS Public Works Director Ralph Qualls gave a brief update on the flooding damage in Cupertino from the recent storms. COUNCIL REPORTS 29. Discuss council committee assignments. The Council concurred on the following assignments: Mayor Michael Chang: Audit Committee Leadership Cupertino Legislative Review Committee Library Steering Committee Public Dialog Consortium Liaison Santa Clara County Housing and Community Development Block Grant Program (CDBG) Alternate December 16, 2002 Cupertino City Council Page 9 Santa Clara County Library District JPA Board of Directors Alternate Sister City Committee - Toyokawa West Valley Mayors and Managers Vice-Mayor Sandra James: Economic Development Committee Environmental Review Committee Alternate Leadership Cupertino Library Steering Committee Santa Clara County Emergency Preparedness Commission Santa Clara County Transportation Agency Policy Advisory Committee Alternate Skatepark Committee West Valley Mayors and Managers Alternate Councilmember Patrick Kwok: Association of Bay Area Governments (ABAG) Library Steering Committee Alternate North Central Flood Control Zone Advisory Committee Northwest Flood Control Zone Advisory Committee Santa Clara Valley Water Commission Sister City Committee - Toyokawa Alternate Counciimember Dolly Sandoval: Audit Committee Environmental Review Committee Legislative Review Committee Public Dialogue Consortium Liaison Santa Clara County Cities Association Alternate Santa Clara County Cities Association Legislative Task Force Santa Clara County Emergency Preparedness Commission Alternate Santa Clara County Housing and Community Development Block Grant Program (CDBG) Santa Clara County Transportation Agency Policy Advisory Committee Councilmember Richard Lowenthal: Association of Bay Area Governments (ABAG) Alternate Economic Development Committee North Central Flood Control Advisory Committee Alternate Northwest Flood Control Advisory Committee Alternate Santa Clara County Cities Association Santa Clara County Cities Association Legislative Task Force Alternate Santa Clara County Library District JPA Board of Directors Santa Clara Valley Water Commission Alternate Skatepark Committee Alternate December 16, 2002 Cupertino City Council Page 10 CLOSED SESSION - None ADJOURNMENT At 10:24 p.m. the meeting was adjourned. Ki~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.