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CC 07-16-01 MINUTES CUPERTINO CIT~ COUNCIL Regular Mooting Monday, July 16, 2001 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the megting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burner and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Public Works Director Ralph Quails, Senior Planner Colin Jung, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS ~ None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang moved to approve the items on the Consent Calendar as recommended. Lowenthal seconded and the motion carried 4-0. 1. Approval of minutes, June 11 and July 2. 2. Accounts Payable, June 29 and July 6, Resolution Nos. 01-152 and 01-153. 3. Payroll, July 6, Resolution No. 01~154. 4. Treasurer's Budget Report, May 2001. 5. Review of application for Alcoholic Beverage Control license: Bombay Oven, 20802 Stevens Creek Boulevard. 6. Designating the order of succession of the office of City Manager in case of an emergency, Resolution No. 01-155. July 16, 2001 Cupertino City Council Page 2 7. Authorizing the City Manager to execute Funding Agreement with County of Santa Clara for a grant of $35,810.00 to the City to serve aa matching funds in the City's applications for future grant funding for the San Teresa Aquino - Saratoga Creek Trail Bicycle Facility Improvements Project, Resolution No. 01-156. 8. Quitclaim Deed, Michael Nagel and Malka Nagel, 10180 Camino Vista Drive APN 342- 14-057, Resolution No. 01-157. 9. Improvement agreement, Michael Nagel and Malka Nagel, 10180 Camino Vista Drive APN 342-14-057, Resolution No. 01-158. 10. 2001 Annual Overlay Program: A. Authorizing the Director of Public Works to award a construction contract for the 2001 Annual Overlay Program to the Iow bidder in an amount not to exceed $1,400,000.00 and to allocate a construction contingency not to exceed $140,000.00, Resolution No. 01-159. B. Approving an interageney funding agreement with the City of Saratoga for the 2001 Annual Overlay Program, Resolution No. 01-160. C. Approving an interageney funding agreement with the City of San Jose for the 2001 Annual Overlay Program, Resolution No. 01-161. D. Authorizing the Director of Public Works to negotiate and execute an agreement with Pavement Engineering, Inc. for construction management services in an amount not to exceed $100,000.00, Resolution No, 01-162. 11. Authorizing the Director of Public Works to award a construction contract for the Safe Routes to Schools Project - Merits Vista/Lincoln/Kennedy to the low bidder in an amount not to exceed $300,000.00, Resolution No. 01-163. 12. Approving the improvement plans of property located at 7825 and 7851 Orion Lane (Wallin Court), Tract No. 9335, B. K. Development Corporation; authorizing signing of improvement plans, Resolution No. 01-164. 13. Approving the improvement plans of property located at 22020 Homestead Road (Maxine Avenue and Homestead Road), Tract No. 9313, Hossain E. Khaziri; authorizing signing of improvement plans, Resolution No. 01-165. Vote Members of the City Council AYES: BurneR, Chang, James, Lowenthal, NOES: None ABSENT: None ABSTAIN: None 16, 2001 CupertLuo City Counci! Page ITEMS REMOVED FROM THE CONSENT CALENDAR (,~bove) - None PUBLIC HEARINGS 14. Consideration of water rate changes proposed by the San Jose Water Company for Cupertino water customers (continued from 6/4/01). Public Works Director Ralph Quails said this item was continued from the previous meeting due to individual noticing requirements. Staff recommended approving the rates proposed by San Jose Water. The public hearing was opened at 6:47 p.m. Vice President of San Jose Water Richard Balocco said that the rate increase is approximately $2 on a $30 bill, which is about 8%, and the last increase was in 1996. Head of Regulatory Affairs for San Jose Water Palle Jensen said that the Commission's rate-making cycle is about 3 years. He also said that an additional off-set increase was added to cover PG&E costs, purchase water and pump tax from the Santa Clara Valley District. That amount is approximately $1 more per month, or 3%, on top of the general rate increase. The rate increase parallels the increase in the costs of administrative, operations and maintenance costs. It also reflects recovery of depreciation. Burnett mentioned that he understood water companies arc being required to change the way water is treated by moving away fi~m chlorine to other methods. Jensen said that the cost of complying with the water quality standards has gone up almost 200% since 1996. The public hearing was closed at 7:54 p.m. Burner moved approval of the proposed rate change. Lowenthal seconded and the motion carried 4-0. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 15. Reorganization proceedings for territory designated as Garden Gate 01-02. A. Making Determinations and Approving the Reorganization of Territory Designated "Garden Gate 01-02" Subject to Confirmation by the Registered Voters of the Affected Territory, Resolution No. 01-166 Senior Planner Colin Jung reviewed the staff report. He explained the alternative actions that the City may take depending on the level of protests. He said that there are 634 July 16, 2001 (L'tupert[no City Council Page 4 -- resident, registered voters in Garden Gate, 647 property owners end a total assessed land valuation of $57,144,560.00. These figures are based on a Santa Clara County Registrar of Voters list as of July 3, 2001, and thc Santa Clara County Equalizcd Assessment Roll of July 1, 2000. He clarified that the 2001 roll is not yet available for use in this typc of analysis. He said that the City Clerk counted 230 validated protests from registered voters and property owners of the Garden Gate neighborhood, which represents 31.1% of the registered voters in that area and 31.2% of the property owners who own approximately 30.6% of thc total assessed land valuation. Jung said that the results mcan the City needs to approve the reorganization subject to the confirmation of the voters of Garden Gate. B. Calling for a Special Election for the Purpose of Submitting a Measure Before the Qualified Voters of the Garden Gate Area Within the Unincorporated Territory of the County of Santa Clara, and approval of Impartial Analysis, Resolution No. 01- 167 City Clerk Kimberly Smith said that Resolution 01-167, calling for an election, includes the measure wording dictated by the State Election Code. Jung also mentioned, the attachment, which included the City Attorney's Impartial Analysis of the annexation measure. Smith said that the election would be consolidated with the general election on November 6. The deadline for arguments is 5:00 p.m. on Monday, August 6 and the deadline for rebuttals is Thursday, August 16. Mayor James commented that the public hearing was already closed and that the City must call an election, but she would allow speakers on this item. Jordan Leung, 21084 Grenola Drive, spoke in opposition to the annexation. He was concerned about issues regarding annexation law and how the process is conducted. He was specifically unhappy about the fact that non-resident registered voters/property owners could not vote in the annexation election and that resident registered voters/renters are able to vote, making the decision for the property owners. He said he felt that this was a fundamental violation of property ownership. Sharon Adams, 21087 Granola Drive, spoke in opposition to the annexation. She was uncomfortable with the protest results because of the methods used and why they were used against the Garden Gate owners. She said that the criteria wasn't clear in regards to property ownership and how the protests were to be counted. Smith clarified that even if every registered voter had been counted and not rejected due to specific criteria that there still would not have been enough opposition to stop the annexation completely. /uly 16, 2001 CuperiJno City Counci! Page ~[ung clarified that staff had been very consistent and complete in offering info£11mtion to both the pwtesters and supporters of the annexation and that the state annexation law was readily available to thc public. Chang moved to adopt Resolution 01-166, approving the reorganization subject to confimiation by the voters. Lowenthal seconded and the motion carried 4-0. Chang moved to adopt Resolution 01-167, calling for a special election. Lowenthal seconded and the motion carried 4-0. 16. Setting hearing to provide for lien assessment and collection resulting from abatement of public nuisance (weeds and brush), Resolution No. 01-168. Smith reviewed the staff report and said that this was thc time of year that a lien is placed on properties on which the county arranged for the removal of weeds. She said the deadline is August 10 and specific notice must be given to property owners before a lien could be placed on their property. Council concurred to set the hearing for Monday, August 6 at 12:00 p.m. ORDINANCES 17. Second reading of Ordinance No. 1882: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.170 of the Cupertino Municipal Code Relating to the Establishment of Parking Limitations on the east side of Mary Avenue from Senior Center driveway to a Point + 225 Feet North Thereof." The City Clerk read the title of the ordinance. Burner moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion can'ied 4-0. Burnett moved and Chang seconded to enact Ordinance No. 1882. The motion carried 4- 0. STAFF REPORTS 18. Report on parking drop-off zones in the vicinity of Lincoln Elementary School. Public Works Director Ralph Quails reviewed the staff report and said that this was a follow-up to a Council discussion in Sune with the Monta Vista Parking Task Force to consider evaluating some drop-off areas both north and south of Monta Vista High School. He reiterated that the section fi'om McClellan to Alcazar was already approved for permit parking and staff proposed to put a 15 minute drop-offzone in the first part of the street north of Monta Vista High School. Staff recommended coming back to Council at the next meeting with an emergency ordinance to effect that change before school July 15, 2661 ~upert~no (~[ty (~ouncll ~age ~ started. He also said that the other parking concern in regards to the Fort Baker/Presidio intersection would require moro study. Lowenthal moved to direct staffto come back with an urgency ordinance on August 20 to provide for a 15 minute limited parking zone on Imperial from McClellan to 400 feet north, and on Orange f~om McClellan to Dolores, and to withhold implementing the preferential parking on Imperial until that ordinance passed. Signs should be erected in both places at the same time, prior to school starting. Chang seconded and the motion cam'ed 4-0. COUNCIL REPORTS Lowenthal said he enjoyed the 4~ of luly celebration. He said he is still meeting with the Monta Vista High School area neighbors to find longer-te,n solutions for both parking and traffic. He mentioned a Cupertino Community Services (CCS) charity BBQ at Blackberry Fa,~l on September 8. lames said she also enjoyed the 49 of Suly celebration. She said that the Cupertino Chamber of Commerce and Apple Computer co-hosted an event for Bill Sullivan, the current president of the Chamber and the owner of the Outback Steakhouse. He is moving at the end of the month and has done a lot for the community. Sho attended the Parks and Recreation Department fair. A community meeting will take place to look at the housing element of the General Plan. She will be hosting a robbery prevention seminar with the Sheriff's Department. The City will be co- hosting, along with the Silicon Valley Manufacturing group, an energy summit on August 24. This will be the 4~ year for the Community Congress on October 5 for community leaders to talk to Council about what's going on in the City. CLOSED SESSION At 7:35 p.m., Council recessed to a closed session to discuss pending litigation - Government Code Section 54956.9(a) regarding Cupertino Citizens for Affordable Housing et al. AIl Persons Interested in the Redevelopment Plan for the Cupertino Vallco Redevelopment Project, et al., Case No. CV 793260. At 8:41 p.m., Council re, convened in the City Council chambers. The City Attorney announced that Council gave direction to its representatives for settlement negotiations along the lines discussed in closed session. July 16, II001 ~upertlno (~ity ~ouncll Page ADJOUR_NNI~NT At 8:45 p.m. Council adjourned to a me~ting r~garding lien assessment and collection abatcwaent of public nuisance (weeds and brush). The meeting will be held at noon on Monday, August 6 in the City Council Chambers.