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CC 03-05-01 APPROVED MINU'~S CUPERTll~IO CITY COUNCIL Special Me,~ting Monday, March 5, 2001 ROLL CALL City Council members present: Mayor Sandra lames, Vice-Mayor Richard Lowenthai, and Council mei~bers Don Bumett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecld, City Planner Cynthia Wordell, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, City Clerk Kimberly Smith and Deputy City Clerk Grace Johnson. CITY COUNCIL WORKSHOP - 4:00 p.m. - Conference Room C/D 1. Visioning process for general plan review. Community Development Director Steve Piasecki highlighted the general plan review process and explained a brainstorming exercise for the City Council. The City Council meixibers listed Cupertino's outstanding features and a list of the amenities that they would like Cupertino to have. The positives included the many community centers, parks, open space, schools, youth activities, partn¢~aips, restaurants and entertainment. Negatives included the poor health of the shopping mails, affordable housing and traffic congestion. The characteristics that the Council would like to incorporate into the Cupertino vision included trails, ways to reduce the need for auto transportation, valuing multi-cultural diversity, preserving open space, retaining a suburban community with urban centers, more diverse and mid-range housing, safety, recreation, valuing the high-tech community and a more healthy economy. A general discussion ensued regarding traffic level of service (LOS) at city intersections and whether more emphasis should be given to pedestrian movement instead of vehicle movement. City Council agreed to conduct another general plan workshop on April 9 at 4:00 p.m. in conference mom C/D. Mrs. Penny Whittaker and other mei~bers of the audience asked about the procedures associated with a general plan amendment for the Town Center pwject proposed by Hunter-Storm Developers. Mayor Sandra James noted that a flyer had been distributed in the neighborhood encouraging citizens to attend the meeting tonight and speak on that topic. She explained that the city did not yet have a formal application on this pwject but would be happy to accept names and addresses of those who wished to be placed on a notification list. Piasecld distributed a sign-up list and encouraged any interested individuals to contact his office for further info~.~ation. 2001 pert o Council. Page RECESS Council recessed at 5:40 p.m. and reconvened at 6:45 p.m. in the City Council Chambers. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council m¢iiibers present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council m~i~bers absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki,, Public Works Director Ralph Q, mils, Senior Building Inspector Greg Casteel, City Clerk Kimberly Smith and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mayor James explained that a flyer had been distributed in the neighborhood encouraging citizens to attend a meeting tonight to speak on the Town Center project proposal by Hunter- Storm Developers. She said that no formal application had been received but interested parties could sign up to be notified of future meetings. She also encouraged th¢iii to contact Hunter Storm developers directly, or the Community Development Director, for further information. She said individuals could address this topic under oral communications, if they wished. The following individuals expressed opposition to the Town Center pwject, citing concerns about traffic, density, increasing urbanization, loss of reasonably priced medical and dental leases, parking impacts and lack of notification by the city and the developer: Donna Comer, 20394 Town Center Lane Prshha Durgapal, 20309 Silverado Avenue Delano Garner Mariene Harming, 20031 Pacifica Drive _ Cynthia Stephens, 20283 Pinntage Parkway Dennis Whittaker, 20622 Cheryl Drive Penny Whittaker, 20622 Cheryl Drive Edmond Yuen, 20285 Pinntage Parkway March $, 2001 C'~upertlno (~ty (~ounc{l Page Danielle Uyehara addressed the council regarding street traffic around Portal Elementary School and her concerns about more congestion and air quality if it becomes a middle school. She showed a petition to the Council with many signatures opposing the change. She asked if the city would consider a traffic/air quality study. The Public Works Ralph Quails and the Community Development Director Steve Piasecki said that if the school district does go ahead with their plans, they must follow the California Environmental Qo~ality Act (CEQA) which requires some environmental evaluation. Lowenthal suggested having the city send thc School Board a letter suggesting they do a traffic study. Quails commented that if the district does go ahead with their plans, then thc city can make them aware of citizen concerns. CONSENT CALENDAR Burnett moved to approve the items on the Consent Calendar as recommended. Chang seconded and the motion carried 4-0. 2. Minutes: February 2 regular adjourned meeting, February 13 regular adjourned meeting. 3. Accounts payable: February 9, February 16, and FebruAry 23, Resolutions 01-046, 01- 047, and 01-048. 4. Payroll: FebruAry 16, Resolution 01-049. 5. Treasurer's Budget Report, lanvAry 2001. 6. Annexation: Making determinations and approving the reorganization of territory designated "Lavina Court 00-11," appmxlmately 0.26 acre located on the north side of Lavina Court between Flora Vista Avenue and Ann Arbor Drive; Wong and Fang (APN 326-08-024), Resolution No. 01-050. 7. Approving the final map of Tract No. 9325, located at 10060 South Stelling Road, Ta- Cheng Wang and Olivia Yan Shui I-Isia, et al., accepting certain easements, authorizing signing of final map and execution of agreement, Resolution No. 01-051. 8. Change Order No. I, Homestead Road Arterial Management Phase I Project, Project 9525, Resolution No. 01-052. 9. Authorizing the City Manager to execute all California Department of Transportation Program Supplement agreeiaents and any amendments to administer Agency-State Agree-oient No. 04-5318 for Federal Aid, Resolution No. 01-053. 10. Acceptance of improvements (documents not required): (a) Loading Dock, Symantec Corporation, 10201 Tone Ave., APN 369-41-005 (b) Lisa Wang, 20819 GreenleafDr., APN 326-09-005 (c) Deblin 1 LP, 10840 Bubb Road, APN 362-02-027 March 5, :2001 C pe dno Ity t o n¢il Page 11. Grant of easements for roadway purposes: (a) William Joseph Cboe, 10388 Byme Avenue, APN 357-14-032, Resolution No. 01-054 (b) Peizhen Zlumg and Xiao-Bai Gu, 21095 San Femando Avenue, APN 357-15-046, Resolution No. 01-055 12. Accepting quitclaim deeds for underground water rights: (a) William $oseph Choe, 10388 Byrne Avenue, APN 357-14-032, Resolution No. 01-056 Co) Pei~.he~ Zhang and Xiao-Bai Gu, 21095 San Femando Avenue, APN 357-15-046, Resolution No. 01-057 13. Improvement agreements: (a) William $oseph Choe, 10388 Byme Avenue, APN 357-14-032, Resolution No. 01-058 (b) pelzhen 7_2rang and Xiao-Bni Gu, 21095 San Fernando Avenue, APN 357-15-046, Resolution No. 01-059 Vote Members of the City Council AYES: Bumett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS - None PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 14. Assign council member to Toyokawa Sister City committee. The Council requested more infommtion on the meeting schedule and potential travel requirements. 15. Ordering a special assessment on property for unpaid charges to remove debris and disinfect the property located at 20091 La Roda Court. (APN 369-34-340), Resolution No. 01-060. March $, 2001 Cuper~o City Council Page Senior Building ln~ector C-reg Casteel reviewed the staff report. Bumett moved to adopt Resolution 01-060. Lowenthal seconded and the motion carried 4-0. 16. Ordering a sp~ial assesament on property for unpaid charges for asbestos abat¢iiient, rodent abatement, and demolition of property located at 19337 Phil Lane (APN 375-05- 027), Resolution No. 01-061. Senior Building Inspector C-reg Casteel reviewed the staffreport. Bumett moved to adopt Resolution 01-061. Lowenthal seconded and the motion carried 4-0. 17. Consider amondmellts to ordinance regarding campaign reporting and restrictions, and adoption of a resolution setting campaign expenditure limits for 2001. City Clerk Kimberly Smith reviewed the staff report and explained the major provisions of the current ordinance which included: Candidatez may accept $100 or less fi~m each individ~_mi or 6rganizafion; they may be~n fundraising 6 months prior to election and must stop accepting contributions 2 weeks prior to election; they must file extra pre- election disclosure statements; if a complaint is filed about a potential violation, there is a review by an independent auditor, an appeal period, and a decision by an independent hearing judge. Violation is a misdemeanor. She also noted that the city council had adopted a voluntary expenditure limit of $20,000 for 1999. City Attorney Charles Kilian explained the restrictions in greater detail. James said she had dealt with the provisions in her campaign four years ago, and in general she was in favor of them. She approved of the $20,000 expenditure limit and the $100 restriction on contributions. It makes it possible to accept contributions fiom many people, and no one person can buy a vote. She was in favor of allowing fund-raising beyond the 14 day limit because many people wait until the last minute to donate. This is a big disadvantage to candidates who cannot afford to fund their own campaigns. Bumett felt that the existing state regulations were adequate to protect against undue influence, and the city's ordinance is a duplication of effort for the City Clerk. He mentioned that he had been required to return $$00 in donations which were given too late in his campaign. It was more important for the candidates to be out walking precincts and contacting community members. He was in favor of removing some of the restrictions, or even abolishing the ordinance. Chang was in favor of the $100 contribution limit because a broader participation by the population is positive, and he felt it important that the electorate know who had funded the campaign before the election. He was willing to allow fund-raising beyond the 14 March ~, 300! ~upert~no ~[ty ~ounc[l Pase ~ day period, and suggested an inorease of the voluntary disclosure limit to account for inflation. The City Attomey and City Clerk explslned how the fourteen day cut-off for fund-raising allowed time for the independent auditor to identify any discrepancies, for them to make corrections, and for a hearing judge to role on any violations so that the info~,,,ation was available before the election. Council discussed the feasibility of relying on public disclosure of the campaign reports, instead of a more elaborate audit procedure. Lowenthal said he did not like the redundancy and extra paperwork, and the $100 contribution limit puts too much bias toward wealthy candidates who don't need to raise funds. He was in favor of keeping the voluntary expenditure limit at $20,000. Kilian cautioned that the $100 contribution limit may not stand up in federal court, and may be thrown out in a few years. Council directed staff to (1) Come back with a resolution for 2001 setting the voluntary expenditure limit at $20,000, and (2) Amend the ordinance changing the fund-raising cut- off to five days prior to the election for both candidates and committees, delete the - provision for an independent auditor and hearing judge, keep the provision that violation is a misdemeanor, and direct staff to make campaign disclosure reports available to thc news media and to post them on the city's web site. 18. Selection of application de~lllnes and interview dates for an unscheduled vacancy for the business representative position on the Cupertino Housing Committee. Kim explained that Linda Asbury is vacating her position on the committee. Council conct/rred to accept applications until Thursday, April 12, and to conduct interviews on Monday, April 16, at 6:00 p.m. in Conference Room A. 19. Development of the Union Pacific Raikoad (UPRR) Trail The Public Works Director Ralph Q~]alls reviewed the staff report explaining the actions involved the trail development project. He also clarified that the $160,000 of the $182,000 needed for the feasibility study is coming from a cooperative agre~,~ent with the Valley Transportation Authority (VTA), Santa Clara County and four other cities. Council commended Lowenthal for taking the lead on this issue and Lowenthal commended Ray Chong for his efforts in working out the MOU with so many different agencies. March 2001 Cupertino City Council Page -- Burnett moved to adopt Resolution No. 01-062 authori=.ir~g the City Manager to execute the Memorandum of Understanding to study the feasibility of developing the Union Pacific Railroad Trail. Chang seconded and the motion carded 4-0. Bumett moved to authorize the City Manager to designate a staff representative and to select Ann Ng, if she is available, as the citizen representative for the Union Pacific Railroad Trail Task Force. Chang seconded and the motion carded 4-0. Bumett moved to appropriate additional monies in the amount of $182,000 for the feasibility study on the UPRR Trail. Lowenthal seconded and the motion carried 4-0. Burnett moved to adopt Resolution No. 01-063 authorizing the City Manager to executc the Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Program Funds Cooperative Agreement. Lowenthal seconded and the motion carried 4-0. Bumett moved to adopt Resolution No. 01-064 authori=ing the Director of Public Works to negotiate and execute the feasibility study contract for the Union Pacific Railroad Trail with Alta Transportation Consulting. Lowenthal seconded and the motion carded 4-0. ORDINANCES -- 20. Second reading and enactment of Ordinance No. 1871: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Community Noise Control." The City Clerk read the title of the ordinance. Bumett moved and Lowenthal seconded to read the ordinance by rifle only, and that the CiW Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Bumett moved and Lowenthal seconded to enact Ordinance No. 18?l. Motion carried 4-0. 21. Second reading and enactment of Ordinance No. 1872, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to the Designation of Bicycle Routes to Delete Foothill Boulevard i~om Stevens Creek Boulevard to McClellan Road and Bollinger Road from Klm Street to De AnT~ Boulevard and Add Bicycle Routes on Miller Avenue from Calle de Barcelona to Stevens Creek Boulevard." The City Clerk read the title of the ordinance. Lowenthal moved and Burnett seconded to read the ordinince by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Lowenthal moved and Bumett seconded to enact Ordinance No. 1872. Motion carried 4-0. March 5, 2001 C'lupert~o/~;ty Counc;l Page 22. Second loading and enactment of Ordinance No. 1873, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes to Add Bicycle Lanes at Various Street Segments." 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. Motion carried 4-0. Chang moved and Lowenthal seconded to enact Ordinance No. 1873. Motion carried 4-0. 23. Second reading and enactment of Ordinance No. 1874: "An Ordinance of the City Council of the City Of Cupertino Ame~cling Sections 2.88.010 and 2.88.020 of the City's Ordinance Code Modifying the Composition of the Audit Committee and the Qualifications for Audit Col~mltteo Members." The City Clerk read the title of the ordinance. Bumett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Burnett moved and Lowenthal seconded to enact Ordinance No. 18'/4. Motion carried 4- 0. STAFF REPORTS - None City Manager Dave Knapp introduced Rick Kitson, the newly hired Public Information Officer and Grace Johnson, the new Deputy City Clerk. Director of Administrative Services Carol Atwood cont~,~ued that the Council's budget workshop would be Wed., May 30 at 4:00 p.m. COUNCIL REPORTS Lowenthal reported on Animal Control JPA. The committee is looking at the acquisition of property, in addition to deciding the fate of the old facility. A deadline of Jnly 1 has been set. Thc 6 cities involved are looking for a general manager to nm the animal control operations. Lowenthal also updated the Council on thc Stevens Creek Trail. The task force of citizens and stakeholders is doing a good job of involving the community in its effort to continuously improve the trail. _ Chang attended a Portal Park neighborhood meeting of about 60-80 people. The citizens were unanimous in their desire to keep Portal Park unchanged and sent a clear message to the school district. March $, 2001 ~upertino City Council Pase 9 Burnett and thc rest of tho council thanked lames for her leadership with thc Serdor Center and the grand opening ceremony. Bumett also spoke about his diagnosis of breast cancer and how well the treatments are going and that he and his doctors hope for a complete cure. He also wanted to rcco~ni=.e the crossing guards for their many years of faithful service to the City of Cupertino. lames thanked Burnett for serving with her on the Senior Center committee and thanked the whole council for their involvement. She praised the contractor for making such a beautiful building on time and on budget. At least 500 people were at the grand opening and the Parks and Recreation and Senior staff'worked very hard to make the c=,=-~ony a huge success. James was the speaker at thc Northc~a California Hakka, a group that represents Chinese history. It was the group's 204 annlveiiary and Sames represented Cupertino and gave proclamations. She also attended thc annual dinner of the Iranian Women's Federation and was the guest speaker at the Cupertino Community Services fundraiser for the affordable housing pwject. She commended Bumett as a role model by continuing with his committee activities and bike riding even though his health is being challenged. CLOSED SESSION - None ADJOURNMENT At 8:27 p.m. the meeti~, g was adjourned.