Loading...
CC 09-02-03 CITY OF CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, September 2, 2003 CALL TO ORDER At 5:05 p.m. Mayor Chang called the meeting to order in Conference Room C, City Hall, Cupertino, California. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Lowenthal left the meeting at 5:50. Council members absent: none. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Works Director Ralph Qualls, and Deputy City Clerk Grace Johnson. STUDY SESSION Discuss with the City Council and the Cupertino Library Foundation the library fundraising effort. Public Works Director Ralph Qualls reviewed the staff report, which discussed eight points from a letter written by the Cupertino Library Foundation. The members of the Library Foundation introduced themselves: Treasurer Eno Schmidt, Janet Riddell, Mary Ann Wallace, President Pat Rogers, Chair of Fundraising Committee Barbara Rogers, Nicol Lea, and Vice President Thelma Epstein. Nicol Lea suggested changes to the naming policy including: · Change the title to read, "recognizing donors" by removing the word "financial" · Include staff (paid employees) in the list under lb of the naming policy, regarding recognizing individuals, and remove the word "non" before "monetary" to have it read, "monetary contributions" · Make the wording in 3a and 3c regarding naming and removing the name from city buildings less contradictory and easier to understand as something separate from giving recognition plaques · Have a procedure in place for 3b regarding submission of contributions to the City Manager first September 2 2003 Cupertino City Council Page 2 · Add the words, "after the conduct of one public hearing" to 3d regarding the size, type and location of a recognition plaque · Change the word "given" in the first sentence of 3 f to read, "provided" regarding receiving a copy of the naming policy guidelines · Add the words, "after the conduct of one public hearing" to 4a and 4c regarding preservation and removal of a recognition plaque She shared concerns about the five donors who had already promised to donate funds prior to the adoption of the naming policy and what would happen to the fundraising campaign in the future. The Council comments included: · The fundraising committee and Council should focus on the goal of raising money instead of the language of the policy · There is a need to clarify the terminology of "naming" opporttmities versus "recognition" opportunities · The City needs the Foundation to raise money since that is what the Foundation said it would originally do in order to build a bigger library · Council lost credibility by changing the rules and by not allowing money to be accepted fi.om businesses, but the current policy supercedes the earlier policy · The fundraising committee should contact the five donors who have already made financial contributions to see if they would accept recognition plaques Comments from the Foundation included: · The policy is bureaucratic · Donors won't donate if they have to be approved at a Council public hearing · The policy takes the impetus away for people to donate and the Foundation can't operate well this way to raise money Council asked the Foundation to work with staff regarding the individual who wants to give a donation toward a sculpture. Council also asked the Foundation to decide if they could work under the policy. RECESS The Council was in recess from 6:43 to 6:58 p.m. PLEDGE OF ALLEGIANCE At 6:58 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. September 2 2003 Cupertino City Council Page 3 ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Senior Planner Aarti Shrivastava, Recreation Supervisor Julia Lamy, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS Presentation by the Independent Order of Odd Fellows Cupertino Lodge #70 to the Sheriff's Office and the Santa Clara County Fire Department in honor of 9/11. (No documentation in packet). Noble Grand Robert Heslop read a letter in memory of the September 11, 2001 terrorist attacks and thanked the Sheriff's Department and the Fire Department for their efforts. He presented checks to each department. The Fire Department requested that their check be made out to the burn unit. Proclamation for Cupertino National Little League Senior Mariners. (No documentation in packet). Mayor Chang presented proclamations to the team and coaches in recognition of their outstanding 2003 season and for placing 2nd in the District 4 competition. POSTPONEMENTS Lowenthal/Kwok moved and seconded to postpone item number 21 to a time uncertain and item number 23 to the next meeting, pending a meeting with the applicant on September 3. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS - None CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item Numbers 9 and 10, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 4. Approve the minutes from the August 4 City Council meeting. September 2 2003 Cupertino City Council Page 4 Adopt resolutions accepting Accounts Payable for August 1, 8, 15, and 22, Resolution Nos. 03-150 to 03-153. 6. Adopt a resolution accepting Payroll for August 15, Resolution No. 03-154. 7. Approve applications for Alcoholic Beverage Licenses: a) Marie Callender Pie Shops Inc., 20750 Stevens Creek Blvd. b) 20956 Homestead Rd., #A (Southeast corner of Homestead Road and Stelling Road) (The applicant has not yet chosen a name for this restaurant). Adopt a resolution approving the destruction of records from the City Clerk and City Manager's Office which are in excess of two years old, Resolution No. 03-155. 11. Watershed Protection Collaborative: a) Authorize the City Manager to negotiate and execute the First Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District in the amount of $155,000 for the District to fund the efforts of the Watershed Protection Collaborative (b) Authorize the Director of Public Works to negotiate and execute an agreement in an amount not to exceed $155,000.00 with CONCUR, Inc. for the administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District (SCVWD) 12. Adopt a resolution accepting a grant of easement for roadway, Republic Properties Inc., a California Corporation, 22551 Ricardo Road, APN(s) 356-01-051,052, 053, Resolution No. 03-156. 13. Adopt a resolution accepting a quitclaim deed for Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 21691 Lomita Avenue, APN 357-17-023, Resolution No. 03-157. 14. Improvement agreements: a) Adopt a resolution accepting an improvement agreement (grading, drainage, street improvements) for Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 21691 Lomita Avenue, APN 357-17-023, Resolution No. 03-158 h) Adopt a resolution accepting an improvement agreement (grading, drainage, street improvements) for Lynn M. Ching, 22781 Stevens Creek Boulevard, APN 342- 12-037, Resolution No. 03 - 159 geptember 2 2003 Cupertino City Council Page 5 c) Adopt a resolution accepting an improvement agreement (drainage, off-site improvements) for GB Estate Homes, a California LLC, 10690 South Stelling Road, APN 359-22-067, Resolution No. 03-160 15. Accept municipal improvements (curb & gutter) for Daren Shu, 11593 Upland Way, APN 366-03-009. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Approve the second restated and amended Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA). This amendment changes voting requirements, who can be designated as a board alternate and the formula for reimbursement of excess reserves to a withdrawing agency. Administrative Services Director Carol Atwood showed a PowerPoint presentation highlighting Cupertino's membership in SVACA. The Council options were to have either no vote on the current board, one vote, or to go back to SVACA for additional discussion. Executive Director of SVACA Deborah Biggs responded to Council questions regarding Section 2.7.2 of the Articles regarding needing 2/3 vote of the Board to terminate the agreement or approve any budget action. James/Sandoval moved and seconded to continue the item to the next Council meeting. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 10. Approve the installation of engraved Cupertino Education Endowment Foundation (CEEF) donor recognition bricks, provided by CEEF, in a dedicated location, during the construction of City Center Park. President of CEEF Don Macleod said that CEEF is in the process of raising $6 million for a new endowment for the Cupertino Union School District. He asked Council to support the installation of bricks in the City Center Park, which would recognize donors to CEEF. Executive Director Eleanor Watanabe said that education and the City are partners and that CEEF funding helps the schools and the entire community, not just the site of the project. Council members had concems that this project may confuse the issue regarding the naming policy and that the City would need to develop a policy before allowing other fundraising organizations to recognize their own donors at City sites. Council concurred that Lowenthal and Kwok would work with staff and CEEF on a policy and to asked staff to report back. September 2 2003 Cupertlno Gty Council Page 6 PUBLIC HEARINGS 16. Consider adopting a resolution ordering the vacation of a 10 ft. public service easement, 11477 Lindy Place, APN 356-24-004, Resolution No. 03-161. Thc public hearing was opened at 8:25 p.m. There were no speakers, and the hearing was closed. Lowenthal/Kwok moved and seconded to adopt Resolution No. 03-161. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 17. Conduct a public hearing regarding the 2003-04 Local Law Enforcement Block Grant Funds. The public hearing was opened at 8:26 p.m. There were no speakers, and the hearing was closed. Council concurred to approve the grant funds. PLANNING APPLICATIONS 18. Consider Application No. M-2003-04, Hunter/Storm Associates, APN 369-40-017, to modify use permit U-2002-06 for the Civic Park Master Plan at Cupertino Town Center. The modifications consist of separating the office building G and caf6 building R (also includes architectural changes to the caf6 building and an increase of 20 seats) located at the southwest comer of the intersection of Rodrigues and Torre Avenues. Council was provided with an amended page for the staff report, and Senior Planner Aarti Shrivastava reviewed the report. Applicant Ed Storm said he agreed with staff's recommendation. Kwok/Lowenthal moved and seconded to approve the application. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to hear item number 24 next. 24. Discuss the fence petition between Cupertino Village and Linnet Lane in Sunnyvale. Community Development Director Steve Piasecki reviewed the staff report. The following individuals spoke in support of the petition: · Jerrie Hyme, 1764 Lark Lane in Sunnyvale · Steve Swenson, 1789 Lark Lane in Sunnyvale · Mario Garibay September 2 2003 Cupertino City Council Page 7 · Ken Kundsen, 846 Shetland Dr. in Sunnyvale · Charles Cox, 1741 Killdeer Ct. in Sunnyvale · Charles Rogers, 1784 Lark Lane in Sunnyvale · Carol Whetstone, 807 Parnell Pl. in Sunnyvale · Tom Denver, 12567 Wardell Ct. in Saratoga · Dean Fujiwara, 1725 Linnet Lane in Sunnyvale Their comments included: concern over traffic, noise, debris and weed problems; lights from the shopping center signs; double-parking; illegal U-tums; shopping carts in the neighborhood; patrons not looking before crossing the street since the fence opening is very close to the street; a request to completely close off any pedestrian access to the neighborhood from the shopping center; a request that the sheriff's department conduct random visits of the area; and a request to fill in the kickboard at the bottom of the fence. Kitty Yao, representative of Sandhill Property, which manages Cupertino Village Shopping Center, said that they had communicated with the neighbors and had met with Dean Fujiwara, the neighborhood representative. She said they installed a sample section of fence for neighborhood review and added an extra 2 feet, which exceeds the fence height requirement. They also installed a new kickboard, replaced trees, increased shopping cart pick-ups, and prohibited after-hours deliveries. Captain John Hirokawa of the Santa Clara County Sheriff's Office gave an overview of security and safety issues in the area and the procedure followed when a call comes in to 911. He gave the number 299-2311 as an alternate non-emergency number to call. He said that there was no more crime at Vallco Village than at Vallco Fashion Park, and suggested that the Sunnyvale residents ask to have traffic monitored in the area. Hirokawa responded to a question from the audience and said that there has been no increase in traffic/pedestrian accidents in the area. Lowenthal/James moved and seconded to have staff work with the neighbors and the storeowners to resolve the issues and report back to Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. RECESS Council was in recess from 9:45 p.m. to 10:00 p.m. Mayor Chang reordered the agenda to hear item number 25 next. 25. Consider Application GPA-2003-02, Chinese Church in Christ, 10455 Bandley Drive, APN No. 326-33-012, authorizing a General Plan Amendment to locate a church in an existing office building. Community Development Director Steve Piasecki reviewed the staff report. September 2 2003 Cupertino City Council Page 8 Lowenthal/Sandoval moved and seconded to authorize a public hearing for a General Plan Amendment. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to hear item number 20 next. 20. Report and recommendation regarding request from Terry Hertel pertaining to the tank house near Blackberry Farm Golf Course. Community Development Director Steve Piasecki reviewed the staff report and gave a history of the tank house. Christine Jeffers, Executive Director of the Cupertino Historical Society, said that the tank house is a building with historical significance and she would like to see it restored to its original state, or at least enough so that residents can enjoy it. She said that the Society could possibly provide some grant resources but wouldn't be able to fund the restoration itself. She said that moving the tank house isn't preferable since it would move it further away from its original position. Sharon Blaine, resident, urged that the tank house be cared for because of its historical significance, and asked Council to keep it where it is. Robert Levy, 10802 Wilkinson Ave., gave suggestions for uses and locations. Richard Whicker, Homeowners Association member, said he wanted to have the water and electricity reconnected or to have the house relocated. He said the Association could probably provide funding if the tank house is habitable and it would add benefit to the homeowners, but that they need the necessary tools in order to do it. Sandoval/James moved and seconded to pursue option 2 as specified in the staffreport, to have staff work with the Homeowners Association and the Cupertino Historical Society regarding restoring the structure and developing a long-term maintenance strategy, and to report back to the Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. UNFINISHED BUSINESS 19. Naming City Facilities: a) Adopt a resolution confirming the policy and procedures regarding the naming of City facilities and recognition of financial donors, Resolution No. 03-162 b) Discuss with the City Council and the Cupertino Library Foundation the library fundraising effort. (Discussed at the 5:00 p.m. study session) September 2 2003 Cupertino City Council Page 9 Council discussed and made the following changes to the naming policy resolution: · Removed the word "financial" from the title of the resolution and the policy · Moved paragraph 3b regarding recommendation by the City Manager for acceptance cfa gift to a new paragraph 4a. James/Lowenthal moved and seconded to adopt Resolution No. 03-162 as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Receive a report on the Prevailing Wage Complaint Enforcement Investigation procedure. This item was continued to a time uncertain pending a response from the Department of Industrial Relations (DIR). 22. Confirm dates of October 3'a at 1:00 p.m. for the City Manager's evaluation, and October 10th at 1:00 p.m. for a Council team-building workshop. Both meetings will be held at the Blackbeny Farm Retreat Center. (No documentation in packet). Council confirmed October 3 at 1:00 p.m. for the City Manager's evaluation and October 17 at 1:00 p.m. for the Council team-building workshop. NEW BUSINESS 23. Approve the concept of the installation of salt water Tropical Reef Aquarium of approximately 2,000 gallons in the lobby of the new Cupertino Library and accept, in principle, a donation of $250,000 from Mr. Fred Chan for the fabrication and installation of the aquarium, and an additional contribution in the form of a commitment for five (5) years of annual maintenance of the aquarium facility. This item was cominued to the next meeting pending a meeting with Mr. Chan. Item numbers 24 and 25 were heard earlier. 26. Discuss a possible Senior Commission. Recreation Supervisor Julia Lamy reviewed the staff report. Kwok/Lowenthal moved and seconded to have staff come back with a resolution that incorporates the following: · Show cost/budget · Cupertino residents only Item number 20 was heard earlier. 21. September 2 2003 Cupertino City Council Page 10 · Meet as necessary · Link to Senior Center · Reflect the community · Senior preference Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 27. First reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Hours of Operation for Landscape Maintenance Activities - Use of Power Equipment and Other Related Issues of Clarification." The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 28. First reading of Ordinance No. 1922: "An Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention and Watercourse Protection." The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 29. First reading of Ordinance No. 1923: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed Abatement." The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS 30. Accept Annual Report from July 1, 2002 to June 30, 2003. City Manager David Knapp said that the report is available on the website or by calling 777-CITY. Council concurred to accept the report. September 2 2003 Cupertino City Council Page 11 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the Moon Festival; the new Silicon Valley Animal Control Authority (SVACA) building; the League of California Cities Annual Conference adopting a resolution supporting a statewide ballot initiative to require voter approval before state government can confiscate local tax funds; the League of California Cities adopting an Asian Caucus and asking for city support; the Santa Clara County Water District Measure B to save creeks; the League of California Cities affordable housing task force; the Silicon Valley Manufacturing Group Housing Leadership Council interested in the Cupertino Community Service (CCS) project and how it was built around partnerships; the CCS BBQ at Blackberry Farm on September 6; and the League of California Cities Latino caucus. CLOSED SESSION - None ADJOURNMENT At 11:45 p.m. the City Council meeting was adjourned. Grace Johnson, Deputy City Clerk 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 Channel 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.