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CC 06-16-03 CITY OF CUPEI INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, June 16, 2003 PLEDGE OF ALLEGIANCE 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 Dolly Sandoval, and Patrick Kwok (Council member Kwok was in attendance 7:12 p.m. 9:20 p.m. His absence at other times was due to health reasons). 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. Presentation from the Teen Commission on its activities through May 2003. Teen Commissioner Kenny Lin presented the report, highlighted their mission statement, and listed their accomplishments for the year. These included a canned food drive for CCS; promotion of Blackberry Farm vision kits; skate park forum; planning of a teen job fair (cancelled later because of problems in the economy); high school dance through the Parks and Recreation Department; Adopt-A-Family; and attended a team building ropes course, a workshop for teen commissioners. POSTPONEMENTS Mr. John Moss, representing the applicant for Saron Gardens at Rainbow Drive, asked that the City Council postpone Item No. 16 to July 7. Mayor Chang reordered the agenda to open the public hearing on item No. 16 next. June 16, 2003 Cupertino City Council Page PUBLIC HEARINGS 16. Consider application(s): Z-2003-01; TM-2003-01; U-2003-02; and EA-2003-03 for Saron Gardens, LLC located at 7310 Rainbow Drive, A-E, APN(s): 366-19-075; 366-19-076; and 366-19-048. a) Approve the rezoning of a 4.03 acre parcel from (PR3) to P(Res) b) Approve a tentative map to subdivide a 4.03-&crc parcel into 55 residential parcels and one common parcel c) Approve a use permit to construct 55 single-family residences and site improvements on a 4.03-acre parcel d) Grant a negative declaration e) Conduct the first reading of Ordinance No. 1920: "An Ordinance of the City Council of the City of Cupertino mzoning three parcels totaling 3.92 gross acres parcel from P(R3) or Planned Development with multi-family residential uses and R1 or Single Family Residential to R(Res) or Planned Development with residential uses Staff distributed a staff report for this item that included a model resolution with a new condition and a draft ordinance. Tom Dragosavac, 7308A Rainbow Dr., said he was a member of the Saron Gardens Residents Association Committee, but was speaking on his own behalf. His concern was about the process and the jeopardy for rental housing in favor of owner-occupied housing. Dennis Whittaker, 20622 Cheryl Dr., expressed concern about the possibility of asbestos used in construction of Saron Gardens and the Cupertino Town Center, and asked that the issue be investigated. Rae Stevenson-Norris, 7314 Rainbow Dr., said she was also a member of the Residents' Association Committee. She distributed a Cupertino Courier article dated June 11, 2003 with the headline "Tenants get the boot for project," and said she objected to the dismantling of the community. Robert Levy, 10802 Wilkinson Ave., said he had written to the Council expressing his concern about the uprooting of the community, and he urged that this area be kept as rental housing. James/Sandoval moved and seconded to continue the public hearing to July 7 as requested by the applicant. Vote: Ayes: Chang, James, Sandoval. Noes: None. Absent: Lowenthal and Kwok. June 16, 2003 Cupertino City Council Page WRITTEN COMMUNICATIONS - None At 7:12 p.m., Council member Patrick Kwok was present. City Manager David Knapp explained guidelines for oral communications that were printed on the back of the speaker request cards. ORAL COMMUNICATIONS Emily Liu, Teen Commissioner, said that her two years on the commission were hard work, fun, and fulfilling, and she thanked the Council for their support. Kenny Lin, Teen Commissioner, thanked the Council for the opportunity to serve two years. He said it was an amazing experience in which he learned leadership skills and made great connections with both teens and adults. Robert Levy, 10802 Wilkinson Ave., distributed a bus route chart for Bus //53. He said that Vallco, the Library and other parts of Cupertino are not well served by public transportation, and asked that the matter be addressed. Nolan Chen, Public Safety Commissioner, said that he appreciated the banner over Stevens Creek Boulevard thanking the U.S. troops. Shiloh Ballard, representing Silicon Valley Manufacturing Group and Irvin Dawid representing the Sierra Club distributed a brochure regarding affordable housing in the community and asked the City Council for its support. Paulina Werthen, 10972 Wilkinson Ave., read a prepared statement about Charles Lee, which stated that he is American citizen who was j ailed in China on the basis of supporting Falun Gong. She provided an envelope to the Mayor that contained a magazine about Falun Dafa, as well as letters and records of Charles Lee's trial. Michael Gottwald, 6026 Pennington Lane, welcomed back Patrick Kwok after his illness, and thanked Council members Sandoval and James for their appearance at the Cupertino National Little League opening game and closing ceremonies, and for letting him throw the ceremonial first pitch at the opening game. CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 6, which was held over until after the closed session, and No. 9, which was pulled for discussion. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. Approve the minutes from the May 19 and 27, and the June 2, 3, and 9 City Council meetings. June 16, 2003 Cupertino City Council Page Adopt resolutions accepting Accounts Payable for May 30 and June 6, Resolution Nos. 03-108 and 03-109. 4. Adopt a resolution accepting Payroll for June 6, Resolution No. 03-110. 5. Accept the Treasurer's Budget Report - April 2003. Accept municipal improvements (grading, curb and gutter) for The O'Brien Group (Oak Valley), Subdivision (Off-site) Improvements, Tract 9054, Unit 1, Area 2; Tract 9076, Unit 3, Neighborhood 4. (No documentation in packet). Accept municipal improvements (grading, curb and gutter) for SQJ Development Co., Inc., 7953 Rainbow Drive, APN 362-31-029. (No documentation in packet). 10. Disposal of electronic products and computers: a) Adopt a resolution approving the agreement with Apple Computer for the disposal of electronic products and computers for fiscal year 2003-2004, Resolution No. 03-117 b) Authorize the City Manager to negotiate and execute an amendment to the contract with Los Altos Garbage Company regarding the cost for resident to dispose of television sets, in an amount not to exceed $15,000 11. Oak Valley subdivision: a) b) Adopt a resolution accepting streets constructed by the Oak Valley Subdivision, Tracts 9054 and 9075 through 9078 into the City street system, Resolution No. 03-118 Adopt a resolution authorizing the Mayor to execute a Certificate of Acceptance of Easement Deeds from the County of Santa Clara for various easements within the subdivision, and authorize the release of the construction securities for the Oak Valley Subdivision, Resolution No. 03-119 12. Authorize a transfer of funds in the amount of $41,000.00 from Account No. 270-8403, Sidewalk, Curb and Gutter, to Account No. 270-9430, Stevens Canyon Road Widening, to provide additional construction contingency for the contract for the Stevens Canyon Road Widening, Project No. 98-120. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Authorize the City Manager to execute a Renewal Agreement to the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy, Resolution No. 03-116. June 16, 2003 Cupertino City Council Page Robert Levy, 10802 Wilkinson Ave., asked if Ricochet would be able to provide wireless connectivity. Public Works Director Ralph Qualls said that this agreement would extend their contract until they decide what to do with the antennae that are on the street lights, and it is not yet known what services will be offered. James/Kwok moved and seconded to adopt Resolution No. 03-116. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. Mayor Chang reordered the agenda to consider items 17-20 next. PUBLIC HEARINGS 17. Receive public comments, discuss, and adopt the 2003-04 budget: a) Adopt a resolution establishing an operating and capital budget for fiscal year 2003-04, Resolution No. 03-123 b) Adopt a resolution establishing an appropriation limit for fiscal year 2003-04, Resolution No. 03-124 c) Grant a negative declaration Administrative Services Director Carol Atwood repeated her presentation from the Council meetings of May 27 and June 2. Robert Levy, 10802 Wilkinson Ave., said the budget was easy to read, and he complimented city staff on their work. Kwok noted that although he had missed several Council meetings, he had been reading the minutes and watched the meetings on television. Public Information Officer Rick Kitson updated Council on some options for funding the PEG channel. James/Sandoval moved and seconded to adopt Resolution No. 03-123 adopting the budget, and agreed to defer the discussion on the DeAnza College PEG channel until the contracts are available for review. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. James/Kwok moved to adopt Resolution No. 03-124 establishing an appropriation limit. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. James/Kwok moved to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal June 16, 2003 Cupertino City Council Page 6 PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 18. Receive a report and recommendation on storm drainage in Elm Court. Public Works Director Ralph Quails highlighted the report and said that staff recommends installing an additional drain inlet for water, plus conducting annual inspection of the storm drains. Lee Shodiss, 21412 Elm Court, discussed the flooding problems he had experienced several times since he moved into his home in April, and he distributed photographs of the flooded street. He said that problem appears to be water flow, with water coming out of the manhole in the street, and a wave of water coming from Bubb and McClellan Roads. He said that neighbors have sustained property damage, but at this point had not filed any claims. Robert Levy, 10802 Wilkinson Ave., mentioned his book "The West Side and How We Grew" which included photos illustrating water over four feet deep on Elm Court. He said the photograph had been taken prior to work done here, and later there had been sand traps for years at the mouth of Elm Court. He suggested a bulge in the road to help channel water away. Shing-Shwang Yao, 21441 Elm Court, distributed photographs of flooding taken two months ago after the drainage pipes had been cleared out, and said he respectfully disagreed with the recommendation of the City Engineer. James Mac Hale, 21442 Elm Court, said the problem is not actually caused by drainage at Elm Corm, but by storm drains clogged in other parts of the system, probably all the way to McClellan Road. Director Qualls said the cost of additional lines is prohibitive, and may cost as much as $1 million for McClellan Road. He said that staff believes that the drain inlet is carrying only half of the capacity of the line underneath, and so the recormnendation was to install the inlet and monitor the line. KwokdSandoval moved and seconded to accept the report and request that staff implement a project for the installation of an additional drain inlet at the end of Elm Court prior to the winter storm season, and to continue monitoring the storm drain and report back to the City Council in the rainy season. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. June 16, 2003 Cupertino City Council Page 19. Review bids, waive minor irregularities in the bid documents and award the contract for the Sports Center Remodel to XL Construction, the lowest responsive and responsible bidder, in the amount of $1,721,187.00, by accepting the Base Bid of $1,687,868.00 and Add Alternates 4 and 5 in the amount of $3,979 and $29,340 respectively; approve a construction contingency for unforeseen conditions in the amount of $138,000.00; and authorize the City Manager to execute the contract on behalf of the City. Public Works Director Ralph Quails reviewed the staff report. Sandoval/Kwok moved and seconded to review bids, waive minor irregularities in the bid documents and award the contract for the Sports Center Remodel to XL Construction in the amount of $1,721,187.00, which includes Add Alternates 4 and 5; to approve a construction contingency of $138,000.00; and to authorize the City Manager to execute the contract. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. 20. Cupertino Civic Center and Library Project: Items A and B were discussed first: Review and award the contract for the Civic Center and Library Project, Phase 2 construction, to Swinerton Builders, the lowest responsive and responsible bidder, in the base bid amount of $14,695,000.00 plus $347,000.00 for add alternates 1 through 7, for a total contract amount of $15,042,000.00; authorize the City Manager to execute the contract on behalf of the City; and approve a construction contingency for unforeseen conditions in the amount of $1,000,000.00. Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No. 2, for an additional amount not to exceed $615,000.00, for professional services with SMWM, to provide for Contract Administration during Phase 2 construction of the Civic Center and Library Project for a total contract amount of $3,119,000.00, Resolution No. 03-125 Adopt a resolution authorizing the City Manager to accept a gift of $45,000.00 from the Rotary Club of Cupertino for the purchase of 16 trees and 8 benches, and an acknowledgement plaque in the California Heritage Grove of the new Civic Plaza, Resolution No. 03-126 June 16, 2003 Cupertino City Council Page Public Works Director Ralph Qualls reviewed the staff report, said that the apparent low bid was $12.5% below the engineer's estimate, and explained the additional Add Alternates, which included: Elevator cab $55,000 Trees around the community hall 15,000 Motorized window shades 95,000 Sandblast finish concrete walls 65,000 Integral Color in concrete walls 50,000 Trees in southeast parking lot 7,000 Artisan wall plaster in library 60,000 $347,000 Sandoval/James moved and seconded to award the Civic Center and Library Project, Phase 2 Construction contract to Swinerton Builders in the Base Bid amount of $14,695,000.00 plus $347,000 for Add Alternates 1 through 7, for a total contract among of $15,042,000.00; authorize the City Manager to execute the contract on behalf of the City; and approve a Construction Contingency for unforeseen conditions in the amount of $1,000,000; and to adopt a Resolution No. 03-125 authorizing the City Manager to negotiate and execute Amendment No. 2, for an additional amount not to exceed $615,000.00, for professional services with SMWM, to provide for Contract Administration during Phase 2 construction of the Civic Center and Library Project for a total contract amount of$3,119,000.00; and to direct staff that they would accept the gift of $45,000 but that the plaque language is to be approved by the City Council before it is cast, and that staff will work with the Rotary Club and the fundraising foundation for the library regarding the disposition of the $45,000, and that the City Manager will report back on July 7 if that information has been agreed to by those three parties. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal Discussion began on item C: Quails made the presentation and said that the Rotary Club wished to donate $45,000 toward the purchase of items in the plaza to commemorate 100 years of Rotary International and 50 years of Rotary Cupertino. He said that Rotary representatives Phil Johnson and Eleanor Watanabe were both unable to attend this evening, and the check had not yet been presented to the city. Barbara Rogers, 19764 Auburn Dr., said that it was her understanding that the Rotary Club wanted the money given to the city, and the club had approached the city with this offer before the naming list was created. Rogers said that the naming opportunities list included items in the plaza such as benches and trees, and she suggested that the Council accept the funds from the Rotary Club and then remit them to the Cupertino Library Foundation. Discussion followed whether to apply the Rotary gift toward the fundraising effort of the Library Foundation. June 16, 2003 Cupertino City Council Page 0 Sandoval/James moved and seconded to adopt Resolution No. 03-126 authorizing the City Manager to accept a gift of $45,000.00 from the Rotary Club of Cupertino for the purchase of 16 trees and 8 benches, and for the installation of an acknowledgement plaque in the California Heritage Grove of the new Civic Plaza, and that the plaque language will be approved by the City Council before the plaque is cast. Vote: Ayes: Chang, James, Kwok, Sandoval. Noes: None. Absent: Lowenthal. The City Manager said that staff will work with the Rotary Club and thc library fundraising organization to find a solution as to how the funds will be recorded that is satisfactory to the Cupertino Library Committee and the Rotary Club. At 9:20 p.m. Patrick Kwok was absent for the remainder of the evening. PUBLIC HEARINGS 13. Conduct a second public heating to consider and adopt the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans, Resolution No. 03-120. Senior Planner Vera Gil repeated her presentation from the meeting of June 2. She said there had been one change since that time, which was an opportunity for the City to select an uncapped income limit, shown on page 17 of the consolidated plan, which will allow the City to serve families with slightly higher income limits. Mayor Chang asked staff to verify the breakdown for the categories of Asian and Hawaiian/Pacific Islander on page 10 of the Consolidated Plan, because it appeared the numbers may have been transposed. The public heating was opened at 9:30 p.m. There were no speakers, and the heating was closed. James/Sandoval moved and seconded to adopt Resolution No. 03-120. Vote: Ayes: Chang, James, Sandoval. Noes: None. Absent: Kwok and Lowenthal. 14. Consider adopting a resolution for the annual renewal of fees for the Storm Drainage Nonpoint Source Program for 2003-04, Resolution No. 03-121. The public heating was opened at 9:35 p.m. There were no speakers, and the heating was closed. James/Sandoval moved and seconded to adopt Resolution No. 03-121, approving the renewal and collection of the existing storm drain fees at no increase in rates for fiscal year 2003-2004. Vote: Ayes: Chang, James, Sandoval. Noes: None. Absent: Kwok and Lowenthal. June 16, 2003 Cupertino City Council Page 10 15. Consider ordering the vacation of a roadway easement, Dennis Lee and Katherine K. Lee, Trustee, 10588/10590 Santa Lucia Road, APN 342-16-084, Resolution No.03-122. The public hearing was opened at 9:30 p.m. There were nb speakers, and the hearing was closed. James/Sandoval moved and seconded to adopt Resolution No. 03-122, ordering the vacation of the roadway utility easement. Vote: Ayes: Chang, James, Sandoval. Noes: None. Absent: Kwok and Lowenthal. 21. Consider canceling the meeting of July 21. The City Clerk said that the only item scheduled for that meeting was a heating to consider protests to the weed abatement program, and staff recommends that the weed abatement hearing be conducted on August 4 in order to meet the County deadline of August 10. Council members concurred (with Kwok and Lowenthal absent) to cancel the meeting of July 21, conduct the weed abatement heating on August 4, and not to cancel the second meeting in August as is sometimes done for vacation schedules. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, which included: A proposal by Fred Chan for an aquarium endowment for the library; a ribbon- cutting event for an expanding Cupertino financial firm; a joint Chamber/Sheriff workshop on business security; Charles Corr's retirement from the San Jose School District; the relocation of the Sheriff's substation to the Quinlan Community Center; further exploration of a joint arrangement for an animal shelter; the completion of the Stevens Canyon Road project; Council member(s) attendance at the Cupertino National Little League closing ceremonies, a solar barbecue, and a bocce ball tournament. The Council asked for an updated on the Vallco Shopping Center at the next meeting. CLOSED SESSION 22. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Quails, Carol Ferrell, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3, Cupertino City Employee's Association and the unrepresented employees Compensation program. June 16, 2003 Cupertino City Council Page 11 At 9:50 p.m. Council recessed to a closed session to discuss labor negotiations. At 10:23 p.m. Council reconvened, and the City Manager announced that the City Council had discussed labor negotiations and were prepared to take action on item number 6a and 6c. Approve the terms and conditions of employment for fiscal year 2003/04 (backup items to be handed out at the meeting): Amend the Memorandum of Understanding between the City and the Cupertino City Employee's Association, Resolution No. 03-111 Amend the Memorandum of Understanding between the City and Operating Engineers Local No. 3, Resolution No. 03-112 Amend the compensation program for unrepresented employees, Resolution No. 03-113 Amend the Administrative Rules and Regulations of the Personnel Code, Resolution No. 03-114 e) Fix the employer's contribution for medical insurance, Resolution No. 03-115 The Council members received the staff report regarding this item at the meeting. Sandoval/James moved and seconded to adopt Resolution No. 03-111 amending the Memorandum of Understanding between the City and the Cupertino City Employee's Association. Vote: Ayes: Chang, James, Sandoval. Noes: none. Absent: Kwok and Lowenthal. Sandoval/James moved and seconded to adopt Resolution No. 03-113, amending the compensation program for unrepresented employees. Vote: Ayes: Chang, James, Sandoval. Noes: none. Absent: Kwok and Lowenthal. No action was taken on items B, D, or E. ADJOURNMENT At 10:25 p.m. the meeting was adjourned in honor of Santa Clara County Communications employee Keith Garvey who died on June 1, 2003. Kimberly Smith,~ty lerk - 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 Chmmel 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.