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CC 07-02-01 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, July 2, 2001 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in thc 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 Bumett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Commun/ty Development Director Steve Piasecld, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, Planner Colin Sung, City Attorney Charles Kilian, and City Clerk Kimberly Smith. ORAL COMMUNICATIONS Mayor James re-ordered the agenda to take up oral communications first. Ms. Sandra Yeaton presented a petition signed by 15 people asking for enforcement of a nuisance abatement. She said that the base sound from a commercial music business conducted by her neighbor is creating severe noise problems for herself and other residents in the area. Mayor James noted that this item is on the agenda as item No. 17, and Council would discuss it at that time. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Dr. Ghi-Hsiu Weng, coach to the co-sponsored Kung Fu Club. A brief video was shown illustrating a recent competition, and Mayor James gave a proclamation. 2. Commendation to Barbara Bryant, the Downey Savings bank teller, for her actions in helping to identify a bank robbery suspect. Commander left Miles of the Santa Clara County Sheriff's Office introduced Captain Dennis Bacon, who will be the in charge of the Cupertino area. Captain Bacon presented . a proclamation from the Sheriff's Office to Ms. Barbara Bryant. Mayor James also gave a proclamation. POSTPONEMENTS - None July 2, 2001 Cupertino City Council Page VlrRITTEN COMMUNICATIONS The City Clerk noted that two documents had been handed out. One was a letter from Mr. Darrell Lieb re§ardinE item No. 21. The other was a letter from Davis Chang regard/nE a torch relay for the Chinese American Athlete Tournament. CONSENT CALENDAR Bumett moved to approve the items on the Consent Calendar as recommended, with the exception of No. 3, which was pulled for discussion. Chang seconded and the motion carried 4-0. 4. Accounts Payable, June 15 and June 22, Resolution Nos. 01-143 and 01-144. 5. Payroll, June 22, Resolution No. 01-145. 6. Approve the destruction of records from the City Clerk and Human Resources files that are in excess of two years old, Resolution No. 01-146. 7. Report on bids and award of contract for Street Maintenance-Slurry Seal, Project No. 2001-03 to the low bidder in the amount, of $233,124.86, and approval of a contingency of approximately 10%. 8. Acceptance of improvements (may include grading, street improvements, and on site and off-site impwvements): Hossain E. and Christine V. Khaziri, 10002 De Anza Boulevard, APN 316-26-017. 9. Appwving the final map of Tract No. 9335, B. K. Development Corporation, a California Corporation, 7825 & 7851 Orion Lane; accepting easements; authorizing signing of final map & execution of agreement, Resolution No. 01-1~47. 10. First Amendment to Agency Agreement for Countywide Honsehold Hazardous Waste Collection Program, Resolution No. 01-148. 11. Acceptance of City projects performed under contract: Cupertino Senior Center, 21251 SCB (McCrary Construction, Inc.). 12. Quitclaim Deed, Thomas M. McNair and Samie A. Briggs, 22261 McClellan Rd., APN 357-04-067, Resolution No. 01-149. 13. Improvement agreement, Thomas M. McNair and Jamie A. Briggs, 22261 McClellan Rd., APN 357-04-067, Resolution No. 01-150. July 2, 2001 Cupertino City Council Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approval of minutes, May 29 and Sune 18. Lowenthal clarified that the minutes of June 18, page 3-14, item No. 21, should be corrected to read "include a solution for Lincoln Elementary parent part-time parking and that this solution be part of the permitted parking." Bumett moved to approve the minutes of May 29 as presented and the minutes of Sune 18 as emended. Chang seconded and the motion carried 4-0. PUBLIC HEARINGS 14. Reorganization proceedings for territory designated as Garden Gate 01-02, consisting of approximately 107 acres of residentially-developed, unincorporated property generally bounded by C-reenleaf Drive, Beardon Drive, Elenda Drive, Hazelbrook Drive, Ann Arbor Avenue, Gardena Drive and Stelling Road. Planner Colin Jung presented the staff report, and explained that the City noticed the property owners and residents within the Garden Gate area with instructions on how to protest the reorganization, if they so desired. He went on to explain that if the protest level is less than 25% of the registered voters and less than 25% of the property owners who own less than 25% of the assessed land valuation, then the City Council may order the reorganization. If the protests are more than 25% but less than 50% of the registered voters or of the property owners who own 25% of the assessed land valuation, then the Council may order in the reorganization subject to continuation by the registered voters in the affected area. If the protests are 50% or more of the registered voters then the reorganization proceedings are terminated outfight. Council can also continue the hearing for up to 30 days if the protest valuation cannot be determined without further review. He said that the large number of protests received appwximates the 25% level, but that the Clerk needs to validate some of the protests before a final decision can be made. Staff recommended closing the hearing this evening and continuing the item until July 16 in order for the Clerk to have time to validate the protests. At 7:18 p.m. Mayor James opened the public hearing. Margaret Limberatos, 20724 Garden Gate Drive, handed out a response to a flyer that was put out by the opposition. She said she is strongly in favor of annexation to the City and is concerned with the information distributed by the opposition as being inaccurate and incomplete. Jessica Rose, 10410 Ann Arbor Avenue, said she is active with Garden Gate Neighbors for Annexation, and urged people to withdraw their written protests. She commented that not being able to build huge homes protects the neighbors and slows inevitable growth and change in the neighborhood. July 2, 2001 Cupertino City Council Page 4 Lee L. Crothers, 20777 Fargo Drive, spoke in opposition to the annexation and said that he likes being part of the county. Jordan Leung, 21084 Grenola Drive, spoke in opposition to the annexation and said that many people would like to have bigger homes and that the neighborhood should go to the county to fix any current problems with building restrictions. He wants to be able to work out an acceptable middle ground and make some modification to the remodeling restrictions. Les Bowers, 21181 Hazelbrook Drive, spoke on behalf of Garden Gate Neighbors for Annexation in favor of the annexation. He said that they are in favor of an election, if it should come down to that. He said that 66% of the households in Garden Gate signed a petition in favor of the annexation. Lowenthal said he was concerned that people don't know what information to trust. Community Development Director Steve Piasecld explained that two books were sent out to the residents stating the facts relating to the annexation. /Iung said that all of the questions brought up are detailed in both the initial annexation answer book and the update that was sent to ail the residents. He said the documents are also available on-line. Burnett praised Cupertino's R-1 ordinance, which reduced the size and visual -- obtrusiveness of homes without any reduction in the square footage allowed for living space. Chang commented that the City doesn't want to appear to either encourage or discourage the annexation. He asked staff about the pwtest rules. City Attomey Charles Kilian clarified the three options that Sung spoke about in his report. Lowenthal commented that the City would be glad to welcome in Garden Gate. James commented that the County asked the City to annex any county pockets because the City can supply services to the residents better than the County can. She also said that the residents already use City services such as the parks, the library and the senior center, and as a community are already part of Cupertino. At 7:40 p.m. Mayor James closed the public hearing. Burner moved and Lowenthal seconded to direct the City Clerk to continue the item and report back with the protest results on July 16. Motion carried 4-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None Yuly 2, 2001 Cupertino City Council Page NEW BUSINESS 15. Designation of a Voting Delegate for the League of California Cities Annual Conference 'on September 12-15 in Sacramento. Council concurred that Sandra James would be the voting delegate and Richard Lowenthal would be the alternate. 16. Approving Second Amendment to Agreement for Processing of Yard Waste Into Compost Between Zanker Road Resource Management, Ltd., and the City of Cupertino, Resolution No. 01-151. Public Works Director Ralph Quails reviewed the staff report and said that the current pwcessing agreeinent expires in October. Two options are to continue the current service or issue an RFP and bring in competition. He said that Zanker has agreed to reducc the current pr/ce, which makes it very competitive. Since the City is satisfied with the service staff recommends approving the second amendment to the agreement. Chang moved to adopt Resolution No. 01-151. Bumett seconded and the motion carried 4-0. 17. Consider modification to the noise ordinance. Administrative Services Director Carol Atwood reviewed the staff report and said that the City currently uses a level A reading to test noise compliance. Daytime noise compliance is set at 60 decibels, with ambient noise being a little over 50 decibels. She said staff looked at noise ordinances from Roseville and the rest of the County, and 9 out of 10 cities were using the A level reading. One city used the C level reading. Code Enforcement Officer Alex Wycoff did extensive research and found that most sound levels fell within the 25-decibel range. Atwood said that a test at both the A and C levels were conducted that day at the home of the resident who had complained of the noise problem,, and no code violation was found. She recommended making no changes to the current noise ordinance. City Attorney Charles Kilian clarified the different types of law covering this situation. Some of the council meaabers said they did their own research in this case and all were sympathetic with the resident, but concurred to take no action. 18. Possible cancellation of City Council meeting on August 20, 2001. Council concurred to cancel the City Council meeting of August 5. July 2, 2001 Cupertino City Council Page 6 19. First 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 the Senior Center Driveway to a point +/- 225 feet thereof.'* Mr. Harvey Checkman, 7597 Y,.irwin Lane, asked for clarification of this ordinance. Public Works Director Ralph Quails explained that this was being done in conjunction with the Senior Center parking and would allow more parking spaces, with a limited parking time. The City Clerk read the title of the ordinance. Bumett moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried 4-0. ORDINANCES 20. Second reading of Ordinance No. 1881: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.16 of the Cupertino Municipal Code, City Council - Salaries." The City Clerk read the title of the ordinance. Chang moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion carried 4-0. Chang moved and Lowenthal seconded to enact Ordinance No. 1881 The motion carried 4-0. STAFF REPORTS 21. Report on calendar of community festivals at Memorial Park. Therese Smith, Parks and Recreation Director, said that the Parks and Recreation Commission was asked to review the process for setting up festivals in the park. Discussions were held on May 10 and May 24. The Commission recommended an upper limit of 10 festivals of over 4000 people per day scheduled in the park between late March and October. This would allow for scheduling of 2-3 weeks apart, would limit the impact to the surrounding property owners, insure access to the park for a variety of users, encourage the use of other facilities during the summer, and keep the park well- maintained. She said that priority would be given to returning events, Cupertino non- _ profits, groups based in Cupertino and those that provide senhces to Cupertino. July 2, 2001 Cupertino City Council Page Smith gave some background about Memorial Park use on non-festival weekends. It is estimated that 2400 people per day use the park on weekends, and summer weekdays are just as busy because of day camp pwgrams sponsored by the YMCA and the City. There are 273 parking spaces with some overflow parking available. She said that regularly scheduled recreation programming is canceled when festivals occur. The Parks and Recreation Department does not want to turn anyone away and is working on using other venues for events when Memorial Park is not available. Lowenthal said that protecting the turf was important but that he was concerned about the recommendation of how to schedule the events because it would turn into a hearing process, and he thought something else could work better. Bumett said that maybe a different pwcedure could be in place for first-time festivals to get their foot in the door. Once they are established, the process would be streamlined like it is now. He agreed with the recommendation to limit it to 10 events per summer. Chang supported the recommendation and said that some flexibility should be built in for the future, in case the City decides to go over the number. He also commented that other venues besides Memorial Park should be considered. He said he doesn't like the idea that all groups must go through a hearing process and that once groups are already set up that · - the scheduling should be the decision of the Parks and Recreation Director and staff. James said that there should be more protection for neighborhood parks, but Memorial Park is for the whole community. She didn't like the idea of limiting the number of community events there. She agreed that the turf needs to be protected and that other venues should be marketed as well. She was in favor of limiting the use to groups that are based in and serve Cupertino. She did not like the hearing process and wanted to keep it at the staff level, rather than through the Commission. Smith clarified that the number of events recommended is 10 non-City events and 3 City events. Council directed staff to forward their comments to the Parks and Recreation Commission for further review, and then to have staff report back. Smith also mentioned the debut of Cinema at Sundown in Memorial Park through September 6, a film festival of films from different countries. This festival was in direct response to Council's desire to provide more cultural events. 22. Report on Safe Routes to School. Public Works Director Ralph Qualls and said that many improvements are being placed in the Monta Vista High School, Lincoln Elementary and Kennedy Junior High area and mentioned in particular an installation of a short fence in the McClelland and Bubb area which would deter students from running acwss the street and protect them from traffic. July 2, 2001 ~upertlno/~ity/~ouncil Page He mentioned lighted crosswalks, painted crosswalks, raised crosswalks, parking lot entrance and exit improvements at Monta Vista High School, and an additional drop-off lane at Monta Vista. He said that at the next Council meeting, staff would ask Council to authorize staff to award the contract in order to get started on the project as soon as possible. Lowenthal asked if there was any way to avoid removing parking spaces at Monta Vista High School during the construction. Qualls clarified that he doesn't believe any student parking spaces would be removed but staff would look into it and bring back an answer next time. Bumett said he observed that with the lighted crosswalks they didn't seem to have much influence with drivers and mentioned that maybe another color would be easier to see. Chang and James were supportive of the project. Council concurred to accept the report. 23. Administrative Services Director Carol Atwood presented City Clerk Kimberly Smith with a framed letter from the Intemationai Institute of Municipal Clerks (IIMC). The letter was an acknowledgement of Smith's acceptance into the First Level membership in the I1MC Master Municipal Clerk Academy, which encourages ongoing educational development and professional participation. COUNCIL REPORTS Bumett thanked the council members and staff for their help during his cancer treatment. Chang attended a fundralsing event for the American Cancer Society event at Cupertino High School sponsored by the Chinese American community. The event raised over $100,000. Lowenthai mentioned that the Silicon Valley Animal Control Authority was opened on June 25. He also mentioned that the Library IPA ends in 2004 and the group is working on how to campaign for a bond measure needed to staffthe library. He said he met with neighbors of Monta Vista High School and with the help of the school district is optimistic that a parking solution will happen. He also attended the Leadership Cupertino Graduation and wanted to mention that the Vallco Redevelopment is still being considered. Samcs also talked about the Vallco Redevelopment and the complications around working with so many landowners. She also attended the Leadership Cupertino Graduation and encouraged anyone interested to sign up for the next class. She mentioned that there is also a teen leadership group (Tomorrow's Leaders Today) for Cupertino. The Historical Society had their annual BBQ and the Council members attended that event at Quinlan. The West Valley Mayors and City Manager's monthly meeting this year was hosted by Cupertino at the Senior C~nter. James said she went to Sacramento to testify on AB 78 at the Senate Public Safety Committee to change the current law on the prosecution of rape crime on young people after the statute of limitations has run out. She also mentioned the Fourth of July celebration coming up. CLOSED SESSION - None ADJOURNMENT At 9:25 p.m. the meeting was adjourned. Ki~City Clerk