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CC 01-21-03CUPERTINO PLEDGE OF ALLEGIANCE APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 21, 2003 At 6:45 p.m. Mayor Chang 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 Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Associate Planner Peter Gilli, Public Information Officer Rick Kitson, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamations for new Eagle Scouts from Troop 476. Mayor Chang presented proclamations to Eagle Scouts Matt Endo, Andrew Tsui, James Pettibone, Nick Guttadauro, and David Guthrie. 2. Comments from new Sheriffs Westside Captain, John Hirokawa. Captain Hirokawa commented that he has been with the Sheriff's Office for 23 years and has a special interest in contract cities, like Cupertino. He said that outreach and community services activities are important to him and he is looking forward to heading up the Westside Station. 3. Presentation by Mary Davey on 211 (single telephone number for all social services). Mary Davey, Chair of the Silicon Valley 2-1-1 Steering Committee, explained that 211 is a number that was set aside by the Federal Communications Commission as a non- emergency information and referral number for residents and visitors. It is already being used in 37 centers in 18 U.S. states. The number was originally scheduled to be in operation in Santa Clara County by January of 2004. The goal is now April of 2005. Thc January 21, 2003 Cupertino City Council Page 2 Public Utilities Commission is in the process of deciding the formal process California and funding needs to be found to support the program. Ms. Davey encouraged Council to pass a conceptual resolution supporting the program. POSTPONEMENTS WRITTEN COMMUNICATIONS A corrected staff report for item number 9 was distributed. In addition, a protest letter dated January 21, 2003 regarding weed abatement for item number 19 was distributed. ORAL COMMUNICATIONS James Mac Hale, 21442 Elm Court, talked about a problem with flooding on his street after a heavy rain. He asked Council to pursue the issue further so that any overflow would be directed away from property. Shing-Shwang Yao, 21441 Elm Court, talked about a problem with flooding on his street after a heavy rain. He said this has been happening for many years and that the problem needs to be fixed with engineering and construction. Public Works Director Ralph Qualls said that he would set up a meeting with the neighbors. }te said that the blockages have been cleaned and the problem is continuing to be evaluated to install longer lines to handle the flooding problems. CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item number 4, which was pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Adopt resolutions accepting Accounts Payable for December 13 and 20, Resolution Nos. 03-001 and 03-002. Adopt resolutions accepting Payroll for December 20 and January 3, Resolution Nos. 03- 003 and 03-004. 7. Accept the Treasurer's Budget Report for November 2002. Approve the destruction of records from the City Manager's office, which are in excess of two years old, Resolution No. 03-005 Approve a request from the Iranian Federated Women's Club and Payvand Cultural School for waiver of use fees for its fifth annual fundraising gala scheduled at the Quinlan Community Center on Wednesday, January 26, 2003, in the approximate amount of $941.00. January 21, 2003 Cupertino City Council Page 3 10. Accept improvements (no documentation in packet): Krishna & Jyothirmayi Kidambi, 21844 Hermosa Avenue, APN 357-18-053, for sidewalk, street lights, and street trees b) AKVW Investments, LLC, 10175 Orange Avenue, APN 357-16-060, lb r grading, curb and gutter, sidewalk, and driveway approach 11. Adopt resolutions accepting grants of easement for roadway: a) Arnolfo N. Nite and Rebecca F. Nite, as Trustees of the Nite Family Trust, dated November 16, 1988, as community property, 22000 McClellan Road, APNs 356- 08-045,046, Resolution No. 03-006 b) Jia Huo Yu and Shirley K. Ng, husband and wife as joint tenants, 10663 Santa Lucia Road, APN 342-17-008, Resolution No. 03-007 c) Timothy A. Limon and Lilia H. Limon, husband and wife as Joint Tenants, 10354 Byme Avenue, APN 357-15-074, Resolution No. 03-008 12. Adopt resolutions accepting quitclaim deeds: a) Jia Huo Yu and Shirley K. Ng, husband and wife as joint tenants, 10663 Santa Lucia Road, APN 342-17-008, Resolution No. 03-009 b) Timothy A. Limon and Lilia H. Limon, husband and wife as Joint Tenants, 10354 Byme Avenue, APN 357-15-074, Resolution No. 03-010 c) Michael Shim and Christine H. Hoang, husband and wife as Community Property with Right of Survivorship, 21672 Granada Avenue, APN 357-17-030, Resolution No. 03-011 13. Adopt resolutions authorizing execution of improvement agreements: a) Jia Huo Yu and Shirley K. Ng, husband and wife as joint tenants, 10663 Santa Lucia Road, APN 342-17-008, Resolution No. 03-012 b) Timothy A. Limon and Lilia H. Limon, husband and wife as Joint Tenants, 10354 Byme Avenue, APN 357-15-074, Resolution No. 03-013 c) Michael Shim and Christine H. Hoang, husband and wife as Community Property with Right of Survivorship, 21672 Granada Avenue, APN 357-17-030, Resolution No. 03-014 14. Approve Community Development Block Grant (CDBG) agreement between the County of Santa Clara and the City of Cupertino for fiscal year 2002/03 and authorization for City Manager to execute the agreement, Resolution No. 03-015. January 21, 2003 Cupertino City Council Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Approve the minutes from the November 19, December 2, and December 16 2002, City Council meetings. The minutes from the December 2 City Council meeting were amended on page 4-8 to read "Ron Ohlfs." The minutes of the December 16 City Council meeting were amended on page 4-13 to reflect that Patrick Kwok was present for the 6:45 p.m. meeting. Sandoval/Lowenthal moved and seconded to approve the minutes as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PUBLIC HEARINGS 15. Consider the adoption of a resolution ordering the vacation of a public utility easement for the Cupertino City Center, Phase III, Tract. No. 7953, Lot 8, Resolution No. 03-016. Public Works Director Ralph Quails reviewed the staff report and noted that no protests on the vacation had been received. The public hearing was opened at 7:20 p.m. The public hearing was closed at 7:21 p.m. Lowenthal/Kwok moved and seconded to adopt Resolution No. 03-016 Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 16. Consider the adoption of a resolution to order a 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. 03-017. Public Works Director Ralph Quails reviewed that staff report and noted that no protests on the vacation had been received. The public hearing was opened at 7:22 p.m. The public hearing was closed at 7:23 p.m. James/Lowenthal moved and seconded to adopt Resolution No. 03-016 Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 17. Consider Application Z-2002-03 to extend Interim Ordinance No. 1902 regarding Randy Lane and Larry Way (Linwood Acres), APNs 316-02-005 to 073 and conduct the only reading of the ordinance: "An Interim Ordinance of the City Council of the City of Cupertino Adopting Interim Measures to Immediately Rezone Approximately 19 Acres, Consisting of Sixty-Eight Single-Family Residences, from A1-43 Agricultural- Residential Zone and the R1-7.5 Single Family Residence Zone to the P (Al) Planned January 21, 2003 Cupertino City Council Page 5 Development Zone with Agricultural-Residential Intent and Declaring the Urgency Thereof." Associate Planner Peter Gilli reviewed the staff report recommending that the ordinance be extended to January 31, 2004. He said that 2004 is the target year for enactment of the ordinance. It was noted that the first paragraph on the staff report on page 17-1 should say, "Extend Interim Ordinance No. 1902 regarding Randy Lane and Larry Way (Linwood Acres) to January 31, 2004." The public hearing was opened at 7:24. The public hearing was closed at 7:25 p.m. James/Lowenthal moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the only reading thereof. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Kwok/James moved and seconded to extend the interim ordinance to January 31, 2004. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 18. Consider the renewal of bingo permits for St. Joseph of Cupertino Church and Cupertino Coordinating Council. Deputy City Clerk Grace Johnson reviewed the staff report. The public hearing was opened at: 7:26. The public hearing was closed at 7:27. Kwok said he appreciated the work of the volunteers, especially those at St. Joseph of Cupertino Church in support of student activities. Kwok/Lowenthal moved and seconded to accept the renewal of bingo pemfits. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 19. Order the abatement of public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 02-224, Resolution No. 03-018. Deputy City Clerk Grace Johnson reviewed the staff report and noted a written protest by R.E. Gusperini, 10257 Oasis Court. Verbal protests were given by Fred Bandy, 1194 Elmsford Drive, and Jun Zhao, 20941 Alves Drive. January 21, 2003 Cupertino City Council Page 6 Santa Clara County Agricultural Commissioner Greg Van Wassenhove explained that parcels are added to the list during abatement inspections in August. Inspectors from the Fire Marshal's office will meet with those people who protested. James/Kwok moved and seconded to adopt resolution No. 03-018. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 20. Accept resignations and select dates to interview candidates for unscheduled vacancies: a) Telecommunications Commission Deputy City Clerk Grace Johnson reviewed the staff report. James/Lowenthal moved and seconded to accept Reginald Duhe's resignation and conduct interviews on the same evening that other candidates are scheduled for interviews. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. b) Planning Commission and Fine Arts Commission Kwok/James moved and seconded to accept the resignations from Marc Auerbach and Barbara Phelps, establish an application deadline date of Monday, February 3, and a potential interview date of Monday, March 3 at 5:00 p.m. for a new round of interviewing. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Council members thanked retiring Commissioners. 21. Select May 1, 2003, at 6:00 p.m. in the Council Chambers for a joint study session with the Parks and Recreation Commission to review community submittals from the Stevens Creek Corridor visioning exercise. Parks and Recreation Director Therese Smith reviewed the staff report and noted that there was much public interest in the visioning kits. Lowenthal/Kwok moved and seconded to hold the joint study session on Monday, May 12 at 6:00p.m. to view the kits. ORDINANCES 22. 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." January 2 I, 2003 Cupertino City Council Page 7 James/Lowenthal moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. James/Lowenthal moved and seconded to enact Ordinance No. 1906. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. STAFF REPORTS 23. Receive a status report on General Fund Revenue and Expenditures. Administrative Services Director Carol Atwood reviewed the report. Her comments included: · The amount in the General Fund is being affected by the recession and decreases from the State · Property tax increased by 5% and sales tax decreased $.5 million below last year · The hotel tax increased $50,000 due to the new Cypress Hotel · The Utility Users Tax decreased $100,000 (17%) due to office and retail vacancies · Additional permits have increased $350,000 · Motor vehicle fees have increased $100,000 · Interest income is down $1 million over last year, but could increase by the end of the year · The State proposes to take vehicle license fees of about $1 million for fiscal year 2002/03 and another $2.3 million for fiscal year 2003/04 from the General Fund · For this fiscal year, management will bring budget cutbacks in operations of approximately $1 million to Council in March. For next fiscal year. we are anticipating to dip into the Economic Uncertainty Reserve for $1 million, cutback Capital Improvement Projects (CIP) for $1 million and reduce the operating budget by $1 million Council accepted the report. 24. Receive a monthly status report on the Cupertino Civic Center and Library Project. Public Works Director Ralph Quail reviewed the report. His comments included: · Phase I was awarded to Ferma Corporation last month · The cherry trees, a girl from the Sister City, are being relocated to the soccer field · The removal of asbestos will be finished within the next 2 weeks and then demolition can begin · Panels of wood are being designed by school children and will be put on the construction fence · The project is on schedule and Phase II is set to go out for bid in March January 21, 2003 Cupertino City Council Page 8 · March 18 at 7:30 p.m. in the Council Chambers is a televised meeting of the Library Commission to discuss the library project and the public is invited to attend · Qualls responded to a question noting that the numbers may go up and down as the project continues, but the main budget bottom line will remain the same Council accepted the report. 25. Adopt a resolution urging the California legislature to reject the Governor's proposed shift of local vehicle license fee revenues and to honor the 1998 commitment to restore the vehicle license fee, Resolution No. 03-019. Public Works Director reviewed the staff report. He said this was the biggest financial impact of any State action. Sandoval/James moved and seconded to adopt Resolution No. 03-019. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. COUNCIL REPORTS Kwok mentioned that he was appointed to the Santa Clara County Recycling and Waste Reduction Commission. Council members highlighted the activities of their committees and various community events. CLOSED SESSION At 8:20 p.m. Council convened in a closed session. 26. Closed session regarding significant exposure to litigation - Government Code Section 54956.9(b)(1) - Tally Enterprises. The Council reconvened in open session at 8:30 p.m. The City Attorney announced that Council took no action. ADJOURNMENT At 8:32 p.m. the meeting was adjourned to Monday, January 27 at 6:00 p.m. in Conference Room A to hold intep~/ews for the Planning and Parks and Recreation Commission vacancies. / Grace Johnson, Deputy City Clerk January 21, 2003 Cupertino City Council Page 9 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 x~vw.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.