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CC 02-18-03 CITY OF CUPE INO PLEDGE OF ALLEGIANCE APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 18, 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, and Dolly Sandoval. Council members absent: Richard Lowenthal. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Assistant City Attorney Eileen Murray, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Senior Planner Vera Gil, Senior Planner Aarti Shrivastava, Public Information Officer Rick Kitson, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation for J.C. Penney's for its part in the Children's Shopping Spree. The recipient was not present to receive the proclamation. POSTPONEMENTS WRITTEN COMMUNICATIONS Council member Sandoval mentioned a letter she had received from Greg Zlotnick, the Santa Clara Valley Water District representative. The letter congratulated Cupertino's Public Works Director Ralph Qualls for helping the board to move forward on a number of agenda items. ORAL COMMUNICATIONS Shing-Shwang Yao, 21441 Elm Court, talked about flooding on his street. He expressed gratitude to Council for meeting him regarding Elm Court flooding problems. He said that the main floodwaters came from Bubb Road where a manhole cover overflowed and popped up during a heavy rain. Public Works bolted down the cover, but this solution didn't work. He requested that the City level this section of Bubb Road to reduce water pressure and overflow. February 18, 2003 Cupertino City Council Page 2 CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item numbers 2, 6, 7, Sa, and 22, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. Adopt resolutions accepting Accounts Payable for December 27, January 3, January 10, January 17, January 24, January 31, and February 7, Resolution Nos. 03-021 to 03-027. Adopt a resolution accepting Payroll for January 17, 31, and February 14, Resolution Nos. 03-028 to 03-030. 5. Accept the Treasurer's Budget report - December 2002. 8. Accept the Treasurer/Deputy Treasurer appointment, Resolution No. 03-031. Approve an application for an Alcoholic Beverage License, Brix BBQ Grill, 20950 Stevens Creek Blvd. 10. Approve the destruction of records from Parks and Recreation (Quinlan Community Center) and Code Enforcement, which are in excess of two years old, Resolution No. 03- 032. 11. Set a public hearing date of March 17 to consider abating a public nuisance (overgrown foliage which obstructs the street and sidewalk) at 7535 Normandy Lane, APN 366-11- 151, William Kettler property owner, Resolution 03-033. 12. Adopt a resolution in support of creating a 2-1-1 information and referral phone number to serve Santa Clara County residents and visitors, Resolution No. 03-034. 13. Approve the request from the De Anza Optimist Club of Cupertino for waiver of fees in the amount of $433.00 for use of the Quinlan Center's Cupertino Room for the Third Annual Cure Cancer Caf6 fundraiser on April 5, 2003. All funds raised from this event go directly to the Leukemia and Lymphoma Society. 14. Approve a fee waiver request from the Cupertino Symphonic Band totaling $548.50 in facility use fees for two free public events: Winter Concert on Sunday, March 9, and a Spring Concert on May 18. Both events will be at the Quinlan Center. 15. Approve a fee waiver request in the amount of $75.00 for the Cupertino Chamber of Commerce's co-sponsored January 29 event, the "State of the City Address". 16. Approve fee waiver request from The Home of Christ in Cupertino in the approximate amount of $165.00 for their April 12 East Egg Hunt at Memorial Park. February i 8, 2003 Cupertino City Council Page 3 17. Partially accept improvements for clearing and grubbing, grading, paving, and driveway approach, Nagaraj and Prathima Murthy, 21470 Vai Avenue, APN 362-05-023 (no documentation in packet). 18. Accept City projects performed under contract (no documentation in packet): a) b) Homestead Road and Tantau Avenue Corridors Traffic Signal Upgrade, Project 9527 Homestead Arterial Management Project Phase II, Project 9530 19. Adopt a resolution accepting grant of easement, roadway, Chiping Yang and Bee Choo Yang, 10660 Santa Lucia Road, APN 342-16-034, Resolution No. 03-035. 20. Review bids and award contract for 2002 Annual Overlay, Project No. 2002-04 to Top Grade Construction in the amount of $397,444.15, and approval of a construction contingency of $40,000.00 to cover any unforeseen work required to complete the project, for a total of $437,444.15. 21. Adopt a resolution authorizing the City Manager to negotiate and execute an Interim Agreement with Ricochet Networks, Inc. (RNI) for the payment of power costs for the pole-top radios the City inherited from Metricom upon their bankruptcy, Resolution No. 03-036. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes from the January 16, 21, 27, and 29 City Council meetings. The minutes from the January 21 meeting were amended on page 2-8, item 18 to read, "Kwok said he appreciated the work of the volunteers, especially those at St. Joseph of Cupertino Church in support of student activities." Kwok/Sandoval moved and seconded to approve the minutes as amended. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 6. Adopt the Annual Investment Policy. Sandoval/James moved and seconded to approve item number 6. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 7. Accept the Comprehensive Annual Financial Report for 2001-2002. Sandoval/James moved and seconded to approve item number 7. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthat. 8a. Accept the Audit Committee's recommendation to conform to the Sarbanes Oxley Act. February 18, 2003 Cupertino City Council Page 4 Sandoval/James moved and seconded to approve item number Sa. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 22. Adopt a resolution designating Permit Parking Zone on Madrid Road, Monday through Friday, from 7:00 a.m. to 4:00 p.m., when school is in session, Resolution No. 03-037. Public Works Director Ralph Qualls reviewed the staff report. Steve Zhao, 10620 Madrid Road, said that he had concems regarding petty theft and trash left by students. He showed pictures via the intemet that he had taken of traffic problems and trash. Robert Levy, 10802 Wilkinson Avenue, said that he is a member of TSAC, Tri-Schools Action Committee, which was formed in response to the suggested pilot program for parking in front of houses on permit parking only streets. The committee's objections to student parking were the same as the previous speaker. He said that as each street receives permits, the problem simply moves out to the next street. He suggested that the City continue to work with the school district to find a solution other than having all the students drive themselves to school and park on the city streets. Council asked staff to provide an update on the voluntary student parking permit program. James/Sandoval moved and seconded to adopt Resolution No. 03-037. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. PUBLIC HEARINGS 23. Consider the appeal of application No. EXC-2002-10, EA-2002-25, Ron Dick (Yeh residence), APN 366-03-061, 11837 Upland Way for 'a hillside exception to build a 4,538 square foot residence on a prominent ridgeline and on slopes greater than 30%, to grade more than 2,500 cubic yards and to construct second story decks. The appeal was filed by Council member Richard Lowenthal. (The appeal has been withdrawn by Council member Lowenthal). No documentation in packet. Mayor Chang opened the public hearing at 7:22 p.m. Pei-Pei You, 11840 Upland Way, said that when considering hillside buildings, aesthetics and the geological stability of the hill should be considered in order to not damage the foundation of the hill itself. She said the property in question has been a landslide site in the past and the applicant wanted to cut away 24 cubic feet of soil to build a deck. She was concerned about the safety of surrounding homes if a landslide should occur. The public hearing was closed at 7:27 p.m. and Council took no action. February 18, 2003 Cupertino City Council Page 5 PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 24. Adopt a resolution approving the Cupertino Amateur Radio Emergency Services (CARES) Standards and Training, Resolution No. 03-038. City Manager David Knapp reviewed the staff report. CARES Emergency Coordinator Jim Oberhoffer said that the training program came about as a result of the South County Croy fire and the September 11 disaster to provide appropriate training to mutual aid responders. He said that the training provides for a consistent response, sets a standard and example for other cities and the County to put together their own training plans, and helps the City's Office of Emergency Services to know what to do. The following individuals were acknowledged as CARES members: · Dan Pickering · Bob Eggers · Ken Foot · Jake Zander · Andy Zander · Marsha Hovey (Cupertino's Emergency Preparedness Coordinator) James/Kwok moved to adopt Resolution No. 03-038. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 25. Release the Community Development Block Grant (CDBG) program Draft Citizen Participation plan for public review, create a CDBG Steering Committee, and authorize staff to seek four Cupertino citizens to serve on the committee, Resolution No. 03-039. Senior Planner Vera Gil reviewed the staff report and gave background on the program via a PowerPoint presentation. Sandoval/James moved to adopt Resolution No. 03-039. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 26. Discuss the schedule for the Crossroads Plan. Senior Planner Aarti Shrivastava reviewed the staff report via a PowerPoint presentation. February 18, 2003 Cupertino City Council Page 6 27. Norm Hackford, 10346 Tonita Way, was concerned about unattractive buildings being too close to the street. He wanted the General Plan to be followed as-is regarding setbacks. He was also concerned about building heights and expectations of other builders regarding new General Plan rules. He suggested that Council adopt a new plan first before developing the Crossroads Streetscape Plan. Joanne Tong, 22339 McClellan Road, asked Council to hold offon voting for the Crossroads Plan until the General Plan was completed. E.J. Conens, 10480 Pineville, was concerned that the website didn't have information about the Crossroads Plan. He said that the Crossroads Plan was not pedestrian friendly and was not in favor of building big buildings. Homer Tong, 22339 McClellan Road, said that Council shouldn't rush into doing new developments and to give the community a chance to react and interact during Council and staff discussions on items. Edward Britt, 20850 Peppertree Lane, was not in favor of Council voting on March 3 regarding the Crossroads Plan and asked that Council rethink what is already in the General Plan regarding height density. Mark Bums, Cupertino Chamber of Commerce President, was not in favor of Council voting on March 3rd. He said that information from the Community Congress was not specific enough about what the community wants regarding how to make Cupertino a better city. He wasn't sure that retailers would want to move closer to the curb or have other buildings built in front of them. He urged Council to take its time and allow for more community input. Patricia Smith, 10317 Cold Harbor Avenue, was concerned about height, density, traffic issues, and the impact on Cupertino's schools. She encouraged Council to take its time in making any decision on the Crossroads Plan. Shishir Mukherjee, 1174 Scotland Drive, said that the Crossroads Plan was not referenced in the General Plan briefing book except as a footnote to one of the maps. He encouraged Council to make a decision about the General Plan separately from the Crossroads Plan so that the community has a chance to give their opinion. Council concurred to hold the advertised public hearing on March 3, 2003. Conduct the first reading of Ordinance No. 1912: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.40 of the Cupertino Municipal Code Regarding the Disaster Council." City Manager David Knapp reviewed the staff report. February 18, 2003 Cupertino City Council Page 7 Emergency Services Coordinator Marsha Hovey reviewed the guidelines of Homeland Security and the Disaster Council. The Deputy City Clerk read the title of the ordinance. Sandoval/James moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 28. Conduct the first reading of Ordinance No. 1913: "An Ordinance of the City Council of the City of Cupertino Amending Sections 2.88.010 of the City's Ordinance Code Modifying the Composition of the Audit Committee." Director of Administrative Services Carol Atwood reviewed the staff report. The Deputy City Clerk read the title of the ordinance. Sandoval/James moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. ORDINANCES - None STAFF REPORTS 29. Receive a status report on General Fund Revenue and Expenditures (no documentation in packet). Director of Administrative Services Carol Atwood gave an oral report. Her comments included: Property Tax has increased $300,000 from last year · Sales Tax has decreased $1 million from last year · Hotel Tax (TOT) has increased $20,000 year to date due to the Cypress Hotel · Utility Users Tax has decreased 5% down from last year (up from 17% last month) · Franchise fees and other taxes are holding their own · Building permits are $350,000 over last year · Motor Vehicle Fees are $175, 000 over last year · Interest rates are down and the rate of return on our portfolio is 40% of past, but this was already reflected in the budget · Most of the other revenues are holding their own · Anticipation of $1 million drop in revenue after adding all the numbers · Departments are slowing spending and are only over ½ of 1% over last year · A budget adjustment will be brought to Council in March which will incorporate some increases in unforeseen areas such as retiring medical and health costs February 18, 2003 Cupertino City Council Page 8 30. Receive a monthly status report on the Cupertino Civic Center and Library Project. Public Works Director Ralph Qualls reviewed the staff report. His comments included: No unusual changes and the project is on schedule and on budget · The construction fence is up and schools will provide artwork for the fence · Deconstruction of the library will occur over the next 2-3 weeks · Grinding equipment is on-site · Noise monitoring equipment is on-site · Wire mesh peepholes will be put in COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None ADJOURNMENT At 9:15 p.m. the meeting was adjourned to March 3 at 5:00 p.m. in Conference Room A to conduct interviews for vacancies on the Planning and Fine Arts Commissions, Cupertino City Hall, 10300 Torre Avenue. Grace Johnson, Deputy City 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.