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CC 09-20-99 CUPI~RTLrqO t;l'i'~ COUNCIL Regular Meeting September 20, 1999 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dean called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Wally Dean, Vice-Mayor John Station, and Council m=.,~bers Don Burnctt, Michael Chang, and Sandra James. City Council mamb~ absent: None. Staff present: Acting City Manager Bert Viskovich, City Attorney Charles Kilian, City Planner Ciddy Wordell, Parks and Recreation Director Steve Dowling, Public Info~mation Officer Donna Ya'ey, Director of Administrative Services Carol Atwood, Code ~nforcement Officer Alex Wykoff, Building Official Joe Antonucci, Senior Building Inspector Greg Casteel, and Deputy City Clerk Roberta Wolfe. CEREMONIAL MATTERS - PRESENTATIONS - None. POSTPONEMENTS - None. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Floyd Meyer, 10486 Westacrea Drive, said the light he was carrying represented the lamp of Diogenes. He had been told at traffic court that he didn't rate the Seventh Amendment of the Constitution of the United States. He said the court arbitrarily denied his plea for a jury trial without an explanation so it was up to him to get his Constitutional rights back. He talked about the situation at the gate on Kim Street. He noted that he does not speak during the Pledge of Allegiance because he does not want to lie to his flag. CONSENT CALENDAR Councihnember Burnett removed items 9 and 10. Chang moved to approve the items on the Consent Calendar with the .exception of Items 9 and i0. Burneti seconded and the motion carried 5-0. .~ 1. Minutes: September 7, 1999 regular meeting. Page 2 Cupertlno City Council geptember 10, 1999 2. Accounts payable: (a) September 3, 1999, Resolution No. 99-257 (b) September 10, 1999, Resolution No. 99-268 3. Payroll: September 3, 1999, Resolution No. 99-269 4. Approving destruction of certain records, Resolution No. 99-270. 5. Recommendation from Telecommunicatious Commission to approve public access grant. 6. Authorizing amel)dment to Resolution No. 99-209 which authorized execution of an agreement for payment of costs between the city, the Cupertino Redevelopment Agency, and SG Cupertino LLC, Resolution No. 99-271. 7. Declaring intent to conduct a public hearing concerning a nuisance on parcel 369-24-048, 862 Bctte Avenue, weeds and accumulation of garbage and refuse in front and side yards, Resolution No. 99-272. 8. Acceptance of city. projects performed under con'~act: Medians and Roadsides, Landscape Improvements at Various Locations, Project 98-108 (Robert A. Bothman, Inc.). - 11. Accepting grant of easement for storm drain purposes from First Baptist Church of Cupertino, 10525 Miller Avenue, APN 369-16-001, Resolution No. 99-275. 12. Accepting quitclaim deed from the Roman Catholic Bishop of San Jose, 22555 Cr/sto Rey Drive, Los Altos, APN 342=63=002, 005, Resolution No. 99-276. Vote Councilmembers Ayes: Bumett, Chang, Dean, and Statton Noes: None. Absent: James Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Award of contract for Traffic Safety Improve-oient Project, Interstate Route 280 at Wolfe Road Interchange. Public Works Director Viskovich explained that the City received a grant of $500,000 to determine mitigation measures that would reduce i~affic accidents at that interchange. The actual modification of the ramps that are causing some of the backups on 280 will be done by CalTraus. .- The first part is a study, then the remaining money will be used to implement it. Burner moved to award the project to DKS Associates in the amount of$113,002. Chang seconded and the motion passed 5-0. September 20, 1999 Cupertino City Council & Page 3 Redevelopment Center 10. Designation of permit parking: (a) Byrne Avenue between McClellan Road and San Fernando Avenue, Resolution No. 99- 273 (b) Santa Teresa Drive between Hyannisport Drive and Columbus Avenue, Resolution No. 99- 274 Viskovich said residents have requested permit parking because students at DeAnza College and the high schools park on residential streets when the school lots are full. He said as they implement permit parking, the student parking expands outward. Burner noted that the problem of everyone driving to school is getting worse. Burner moved to adopt Resolution No(s). 99-273 and 99-274. Chang seconded and the motion passed 5-0. PUBLIC HEARINGS 13. Public hearing to consider abating public nuisances (inoperable vehicle, substandard roof) at 19337 Phil Lane, Lida Rivem, Resolution No. 99-277. Code Enforcement Officer Alex Wykoffintmduced the item and the video roll-in and presented the staff report. He noted that this is a property that was recently :mnexed into the City. He said the vehicle has been in disrepair for at least two years. The property is near schools and the vehicle and the slructure have been vandalized. Staff's recommendation was that the vehicle be removed or repaired by October 4. If the owner chooses to repair and register the vehicle, it can remain. Otherwise it would be towed away and a lien placed on the property to recover the cost. He said the owner does not occupy the house. Building Official Joe Antonucci added that some letters from the city have been returned as undeliverable and there was no response to the ones that were delivered. There has been no direct communication with the property owner. Based on what can be seen from the street, it would be staff's recommendation that the house be demolished. However, they have not been able to enter the property for a thorough inspection of the inside. City Attorney Charles Kilian clarified that under the City's ordinance, there is a nuisance abatement process, particularly for buildings that are unsafe. He outlined the process and recommended that rather than going onto the property under the auspices of a council order, they city should seek a court order to compel the destruction of the property after the time allowed for abatement. Floyd Meyer expressed concern that the owner had an alternate place to live. He urged them to contact her to see what her circumstances are. Kilian noted that the lawsuit would have to be personally served. Page 4 Cupefl/no City Council geptember 20, 1~)9~) Wykoff said Ms. Rivera byes in a retirement home in Menlo Park and all taxes on the property have been paid. He had met with her once and at that time she had an alternate place to live. Antonucci clarified that the communications from the Code Enforcement office addressed the weeds and the car, and the ones from the Building Division referred to fife structure. He said he thought the owner clearly understood the situation. James said she thought it was time to begin the legal process. Statton suggested that they proceed as recommended by staff, but that prior to that the City Attorney send Ms. Rivera a letter saying the city is about to enter into a legal pwcess that will lead to the demolition of the house and this is her last chance to work this out before the city institutes legal proceedings. Kilian said she would receive a copy of the resolution and a cover letter telling her exactly what needs to be done. He added that after the filing of a case, the city is always open to settling. Burnett noted the house has been an eyesore for a long time and is clearly not salvageable. Kilian said if the house is demolished by order of thc City, the costs would be placed on the tax roll by a separate proceeding. Burnett moved to adopt Resolution No. 99-277. Statton seconded and the motion passed 5-0. James thanked the students who had written with concerns about the pwperty. PLANNING APPLICATIONS 14. Tentative map to subdivide a 14,661 sq. ft. parcel into 7 lots for an approved townhouse development, 7359 Rainbow Drive, Applications 3-TM-99, 14-EA-99, APN 362-31-029, Judy Chen. A Negative Declaration is recommended, and this item is recommended for approval. Following a video introduction, City Planner Ciddy Wordell presented staffrecommendations. Maury Nelson, representing the applicant, said that since the Planning Commission met, they had' designed a tree well to protect the tree during the construction process by keeping it at its natural grade. That would be about 2.5 feet lower than the final grade of the project. James moved to grant a Negative Declaration. Statton seconded and the motion passed 5-0. Burnett moved to approve Application 3-TM-88 per Planning Commission Resolution No. 5069. James seconded and the motion passed 5-0. UNFINISHED BUSINESS - None. NEW BUSINESS - None. £eptem/~er 20, l !)!)O Cuperfmo City Council & Page Redevelopment Center ORDINANCES 15. Second readinEs and enactments: (a) Ordinance 1833 - "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal Code Regairllng Electronic Security Gates" Staff noted that thc Ordinance would be corrected to read, "16.28.045 .Vehicular electronic security gates. Vehicular electronic security gates may be approved.., if the electronic gates are needed for demonstrated security reasons .... " The Deputy City Clerk read the title of the ordi~_snce. Burner moved and James seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Bumett moved and James seconded to enact Ordinance No. 1833. Motion carried $-0. (b) Ordinance 1835 - "An Ordinance of the City Council of thc City of Cupertino Amending Chapter 14.18 of the Cupertino Municipal Code Regarding Heritage and Specimen Trees" The Deputy City Clerk read the title of the ordinance. Burnett moved and Sames seconded to read the ordinance by title only, and that thc Deputy City Clerk's reading would constitute the second reading thereof. Motion carded $-0. Bumett moved and James seconded to enact Ordinance No. 1835. Motion carried 5-0. STAFF REPORTS - None. COUNCIL REPORTS Chang attended the first Moon Festival celebration and it appeared to be very successful. Sames attended the Sheriff promotional ceremony. She also attended the SWAT team competition which was hosted by the Santa Clara County SheriffDepartment. She and Mayor Dean toured the Tech Museum with the Cities Association. Cupertino Community Services held a fund-raiser at the Sunset House. She also attended the Chamber of Commerce installation, and worked at the Youth Science Institute race on Sunday. She wished thc mei~bers of thc ~Iewish community a wond~d'al, healthy Yom Kippur and happy new year. Statton said that at the Economic Development meeting they talked about how to preserve the double row of trees around Vallco where they want to enhance economic development. He also attended thc Chamber of Commerce installation dinner and extended congratulations to thc new board members and officers. Page 6 Cupertino C~ty Council flept~,,~ber 20, 1999 Burnett said the ABA(3 Board of Directors discussed conccrns about how the Call'ed process is protecting the Delta. They adopted a strongly-worded resolution to protect water and flow to the Bay and other things that might be happening if the return of the Peripheral Canal is not stopped. He said 42 students participated in the bike rodeo which was held on Saturday in the City Hall parking lot. Dean said he, Cowan and Viskovich had taken three Compaq executives on a city tour to emphasize the importance of their planting trees on the per/meter of their properties, especially ones that will maintain'a uniform appearance on Stevens Creek Boulevard. RECESS At 7:15 p.m., Council adjourned to the regular meeting of the Cupertino Redevelopment Agency. At 7:20 p.m., Council reconvened and adjourned to a closed session to discuss the following item: CLOSED SESSION Initiating litigation - Gov~ih'nent Code Section 54956.9(c): Patrick Kwok, quo warranto. At 7:50 p.m., Council reconvened in open session. The City Attorney noted that Council had met in closed session and had given in.~tructions to its representative to communicate with Mr. Kwok. At 7:52 p.m., the meeting was adjourned. Roberta Wolfe Deputy City Clerk