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CC 04-21-03CUPE INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday April 21, 2003 PLEDGE OF ALLEGIANCE At 6:50 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, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation for Child Abuse Awareness month. Mayor Chang read the proclamation. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Jaclyn Fabre, Executive Director of Cupertino Community Services, announced the opening of their new location at 10104 Vista Drive. She shared a letter and photograph from a family who has moved into one of the 24 below-market-rate units. Fabre thanked the Council, staff, and community for its support over the last 13 years, and invited everyone to the reception to be held April 29. Neil Struthers, Building Trades Council Executive Director, said he was sorry he was not present for Council's discussion of responsible contracting, and his letter did not reach Council in time. He thanked Council for adopting the policy but said there are still some concerns, one of which is April 21, 2003 Cupertino City Council Page 2 the possible lack of staff support. He asked Council to reconsider their vote and require 5 years reporting of claims and the enfomement process recommended by Council member Sandoval. Pat Rogers, 19764 Auburn Drive, said that he was speaking on behalf of himself and not the Cupertino Library Foundation, of which he is the president. He expressed concern regarding comments by Council member James at the March 17 meeting in which she said the Library Foundation and Fundraising Committee would accept contributions from anybody and may award a naming opportunity to someone who may become a criminal. James clarified that her only concern was that the community should have input as to whether the City should sell naming rights to public buildings and she felt there should be a process for that. She said that no other inference should be made. Barbara Rogers, 19764 Auburn Drive, said that in the past two months library fundraising has stopped because of Council comments, which have called into question the fundraising committee members' ability to make wise decisions regarding donor names. She also asked that the minutes of March 17 be amended to include "businesses, foundations, and trusts interconnected with Cupertino." Shing-Swang Yao, 2144 Elm Court, said that on April 12 Elm Court was flooded again, even though the City cleaned the storm drain a few months ago. He asked if the engineering study would be available at the end of April as promised. Council asked that a report be brought back regarding the results of the study. Ann Shirkey, Stanford Place, read a statement of support for the public access studio at De Anza College. Regarding the library plaque issue, she preferred not to see someone's name on the outside of the building because it inferred that they were responsible for it. Trudi Wallick, 7390 Rainbow Drive, said that she grew up in Cupertino and worked hard so her children could go to the same schools that she did. She heard rumors that Sarron Gardens and the four-plexes on Rainbow Dr. will be removed and will displace those residents who currently live there. She asked that the City consider allowing the residents to be able to stay. Council asked to have a status report regarding the enforcement of the new responsible contracting policy. CONSENTCALENDAR Kwok/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 7, which was pulled for discussion. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. Adopt resolutions accepting accounts payable for April 4 and 11, Resolution Nos. 03-071 and 03-072. 3. Adopt a resolution accepting payroll for April 11, Resolution No. 03-073. April 21, 2003 Cupertino City Council Page 3 Adopt a resolution calling a general municipal election to be held on November 4, 2003, requesting consolidation with other November elections, and requesting that the Registrar of Voters conduct the election and canvass the votes, Resolution No. 03-074. Adopt a resolution making determinations and approving the annexation of area designated "Dolores Avenue 02-04", property located on the south side of Dolores Avenue between Byme Avenue and Orange Avenue, approximately 0.21 acre, Hsu (APN 357-14-015), Resolution No. 03-075. Accept municipal improvements (grading, curb and gutter) - no documentation in packet: a) Seetaram Vemulapalli and Padma Talasila, 10225 Orange Avenue, APN 357-15- 013 b) Intrinsic Cupertino LLC (Walgreen's), 20061 Bollinger Road, APN 369-34- 001,002 c) Cupertino Community Services, Inc., 10114 Vista Drive, APN 316-24-008 Approve a fee waiver request in the approximate amount of $14,492.00 from the Toyokawa Sister City Committee for its annual Cherry Blossom Festival. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 7. Support for AB 980, which provides for self-certification of cities' housing elements. Council member James said se had served on a task force and this legislation is one of the items that resulted from that group. She recommended its support. James/Kwok moved to support AB 980. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. PUBLIC HEARINGS - None PLANNING APPLICATIONS - None UNFINISHED BUSINESS Approve a revised public participation process for the General Plan review (continued from April 7). Community Development Director Steve Piasecki said the process would involve convening a task force of interested community members to learn about, discuss and make recommendations on key issues related to the administrative draft General Plan, prior to releasing the public hearing draft. Dennis Whittaker, 20622 Cheryl Drive, mentioned the Web site for the group Concerned Citizens of Cupertino. He said their concern is that the last community congress did not accurately reflect the information provided by the participants. He offered some Apr{1 21, 2003 (~upert]no (~{ty (~ouncll Page suggestions for the appointment process, including inviting all individuals who had spoken at previous meetings, as well as including representatives from the high school and elementary school districts. Sandoval/James moved to amend the list of participants, expand the mailing list, and gave direction to staff, as follows. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. The list of participants was amended to read as follows: Reside in one of the following sectors of Cupertino (4 participants from each sector will be appointed): Northwest: north of Stevens Creek Boulevard, west of De Anza Boulevard Northeast: north of Stevens Creek Boulevard, east of De Anza Boulevard Southwest: south of Stevens Creek Boulevard, west of De Anza Boulevard Southeast: south of Stevens Creek Boulevard, east of De Anza Boulevard · Educators at large (3) Administrators appointed or sent by the following school districts: CUSD (1) FUHSD (1) Foothill-De Anza (1) · Employee/High tech Headquarters (2) · Chamber of Commerce (2) · League of Women Voters (2) · Environmental Group (nominated by) (2) · Major retail property representative (2) · Major office property representative (2) · Retail/office developer (2) · Residential developer (2) · Senior representative (2) · Teen Commission (1) · Housing Commission (1) · Bicycle Pedestrian Commission (1) · Fine Arts Commission (1) · Library Commission (1) · Parks and Recreation Commission (1) · Public Safety Commission (1) · Telecommunications Commission (1) · Renters (4) · Sheriffdepartment (1) · Fire department (1) · City Council appointees at large (15) April 21, 2003 Cupertino City Council Page council expanded the mailing notice list to read as follows: · Residents via Cupertino Scene · Block Captains · Stevens Creek Kit list · General Plan list · Community Congress list · Homeowners Association Presidents · Leadership Cupertino · Cupertino Emergency Response Team participants · 5 C's · Church groups Council directed staff to do the following: · Put a notice in the application packet making participants aware that the meetings will go on t~ough the summer and probably into September · Plan for the 15 Council at-large appointments to occur following the appointment of the individuals in each category · Ensure that the appointments reflect ethnic diversity in the community NEW BUSINESS 10. Conduct the first reading of Ordinance No. 1917 related to the regulation of massage: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.06 of the Cupertino Municipal Code regarding the regulation of massage to add occupational therapists to the list of regulated professions." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 11. Adopt a resolution renewing a volunta~ cap of $20,000 for campaign expenditures for the 2003 City Council election, Resolution No. 03-076. E.J. Conchs, 10480 Pineville, objected to city funds being spent for campaigns. It was explained that the expenditure limit was imposed on candidates' expenditures of their personal funds and donations to their campaigns, and did not include any city funds. Sandoval/James moved to adopt Resolution 03-076. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 12. Designate a voting delegate and alternate for the League of California Cities' special meeting of the General Assembly on Thursday, May 15. April ~1, ~00~ ~upertlno (~ty Oounc~l Page 6 Council members concurred that Richard Lowenthal would be the delegate and Patrick Kwok would be the alternate. The City Clerk asked if the Council members would be able to attend the Association of Bay Area Governments annual business meeting on Thursday. Most were unavailable, but Mayor Chang may be able to attend. ORDINANCES - None STAFF REPORTS 13. Receive status report on General Fund Revenue and Expenditures. Administrative Services Director Carol Atwood reviewed the staff report. Her comments included: · In the last two months, property tax revenues are up $ 100,000 · Sales tax is down $550,000 but there is some movement toward a better trend · TOT tax (hotel tax) is up $123,000 · Utility User Tax is down $66,000, which is only a decrease of 3.8% · Franchise fees are up Other taxes are up · Building permits are up for alternations and electrical permits · Interest rates are down $200,000 due to spending on portfolio for the library project as well as interest rates being currently poor · Motor vehicle in-lieu fees are up $100,000 · Bottom line the City is down a little over $100,000, which is the best its been so far this fiscal year · On the expenditure side, the City is only up .0074 from the prior year or $138,000 and we expected to be up 5% given cost of living raises, etc. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None April 21, 2003 Cupertino City Council Page 7 ADJOURNMENT At 8:25 p.m., the meeting was adjoumed. Kimberly Smith, ~]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.