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CC 10-20-03CITY OF CUPER TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Monday, October 20, ;/003 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. 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, Recreation Supervisor Christine Hanel, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to mail carrier Marilyn Bonacurso in recognition of resourcefulness in saving the life ora Cupertino resident. Mayor Chang presented the proclamation. POSTPONEMENTS Item No. 8, rezoning Randy Lane and Larry Way, was continued to November 3. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Sharon Kohlmannslehner, chairperson of the Faria School site council, presented a large hand- made card created by the fifth grade students thanking the Council for the residential permit parking changes near their school. Lee Shodiss, 21412 Elm Court, thanked the Council for adding inlets to his street to limit flooding. He asked what contingency plans are available if that does not suffice. Public Works October 20, 2003 Cupertino City Council Page 2 Director Ralph Qualls said that if there were an extraordinary event, the City could make sandbags available. Shing-Shwang Yao, 21441 Elm Court, said he appreciated the extra drains on Elm Court, and asked that the City engineering division and service center clean out the drains before the rainy season. Kathy Stakey, speaking on behalf of the Friends of the Library, said that it was a volunteer organization that raised money for the library primarily through book sales. As president of the Friends of the Library, she said they pledged $75,000 to help support the Cupertino Library and asked for a recognition plaque near the children's story room. The Council members expressed their appreciation for the generous donation and asked the City Manager to arrange for the formal acceptance of this gift. Doris Li, 10338 S. Stelling Road, said she had addressed Council last month regarding the trees removed to make way for a parking structure on DeAnza College. She said the Council had referred her to the college district board of directors, and her associates were currently addressing that group. She said they had an additional concern about the additional traffic flowing onto Stelling Boulevard, and asked for the City's assistance with that problem. Public Works Director Ralph Qualls explained that the City had responded to the Environmental Impact Report (EIR) very directly, but those suggestions were largely ignored, and the project does not fall within the City's jurisdiction. Mayor Chang suggested that Ms. Li and the Public Works Director work together to explore other options. Councilmember Sandoval suggested additional Sheriff's patrols in the area to increase code enforcement. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 2, which was pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Adopt resolutions accepting Accounts Payable for October 3 and October 10, Resolution Nos. 03-189 and 03-190. 4. Adopt a resolution accepting Payroll for October 10, Resolution No. 03-191. Approve an application for an Alcoholic Beverage License, Green Valley Liquors, 10073 Saich Way (existing liquor store). 6. Heung Ser Park, a single man, Mercedes Road, APN 342-22-044: A. Approve an Improvement Agreement, Resolution No. 03-192 B. Approve a Quitclaim Deed, Resolution No. 03-193 C. Approve a Grant of Easement, roadway, Resolution No. 03-194 October 20, 2003 Cupertino City Council Page 3 Accept municipal improvements (may include grading, street improvements, on site and off-site improvements): Jim Netzel and Zita S. Netzel, 10070 Hillcrest Road, APN 326- 16-019. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes from the October 3 and 6 City Council meetings. Lowenthal asked for clarification on the schedule for the swearing-in ceremony. The Council concurred that they would hold a special meeting on December 1, and at that time new Council members would be seated. There would be a brief intermission, and at 6:45 p.m. that same evening Council would elect a new Mayor and Vice-Mayor, and take up any business items on a Consent Calendar. A reception will be held in the lobby after that second meeting. Lowenthal noted that the minutes of October 6 showed item No. 13, a budget adjustment for fountain repair at Quinlan Community Center, should have been continued to this meeting, but it was not on the agenda. The City Manager asked that the item be tabled because staff had found a different solution. Lowenthal/Kwok moved and seconded to approve the minutes of the October 3 and October 6 meetings. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PUBLIC HEARINGS Approve Application Nos. Z-2002-03 and EA-2002-20, City of Cupertino, Linwood Acres, Randy Lane and Larry Way between Lucille Avenue and Merritt Drive, to rezone approximately 19 acres, consisting of 68 single-family residences from A1-43 Agricultural-Residential Zone and R1-7.5 Single Family Residence Zone to P (Al) Planned Development Zone. A Negative Declaration is recommended. (Continue to November 3 at the request of staff). James/Kwok moved and seconded to continue this item to November 3. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Approve Application No. MCA-2003-01 to amend Title 17 of the Cupertino Municipal Code regarding temporary signs, City of Cupertino, Citywide. First reading of Ordinance No. 1926: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 17.32 of the City's Ordinance Code Regarding Temporary Signs." Community Development Director Steve Piasecki reviewed the staff report and explained that in 1997, Council amended the sign ordinance to ban all temporary signs (including October 20, 2003 Cupertino City Council Page 4 temporary political signs) from the public right-of-way and public property in order to eliminate visual clutter and to avoid the liability risks posed if such signs were allowed on public lands. He said the proposed amendment would limit temporary signs to residential and institutional districts (public parks, public schools, churches, government property, etc.). He listed the benefits of allowing signs in the right-of-way, which included better directional signage for garage sales, open houses, church events, and community events. He said the disadvantages include increased clutter, increased code enfomement costs and liability exposure, and that signs may be placed in front of someone's house who does not agree with the content (such as a political sign). Council was given letters from the Chamber of Commerce and the Silicon Valley Association of Realtors supporting the ordinance and offering some minor changes. Jody Hansen, Chief Executive Officer of the Chamber of Commerce, asked that the Council allow up to 6 signs. She said the Chamber would support lower sign profiles so that signs could be placed closer to the intersections. She said they would be agreeable to a 48 hour limit, and believed that signs have a positive value for the community. Natalie Cardenas, Government Affairs Officer for the Silicon Valley Association of Realtors, thanked the Council for considering this change. She said they shared the concems of the Chamber of Commerce and were in support of their recommended changes. Lyn Faust, 11033 Canyon Vista Drive, said she had supported changes to the sign ordinance in 1996 and had been very pleased with the ban on signs in the public right-of- way in 1997. She said she was concerned about an increase in visual clutter and the impact on the code enforcement officers. She distributed 10 color photographs showing political and other signs posted in various locations in the community. Gordon Frolich, 1202 Belknap Court, said that he had been on the final term of the Architectural and Site Approval Committee, and there had been many arguments back and forth about the sign ordinance. He recommended leaving the ordinance unchanged. Mark Bums, President of the Cupertino Chamber of Commerce, said he was also speaking as a member of the Silicon Valley Association of Realtors Political Action Committee. He said that many neighborhoods in Cupertino would need up to 6 open house signs to properly direct drivers, because in spite of heavy advertising, it is signage that draws potential buyers. He noted that open house signs are typically 2 feet by 3 feet, and are up for about 5 hours. City Attomey Charles Kilian said that a 48 hour limitation would be acceptable for real estate signs, but would in effect prohibit political signs, and he said that all signs must be treated the same regardless of their content. October 20, 2003 Cupertino City Council Page 5 James said she had originally voted against the ordinance which limited signs in the public right-of-way because of the disadvantage to realtors, and because the political signs provide a public service. She was in support of the Chamber's recommendations. Sandoval agreed that political signs were a valuable service, and asked for more clarification about whether staff could immediately remove improperly posted signs and charge for the expense. Lowenthal said that he felt the most important reason to allow signs in the right-of-way would be to provide better signage to public events, so he would support the Chamber's recommendation with a 36-inch limit on the size of the signs. Kwok said he was not comfortable with the current proposal, and the Chamber's recommendations needed more review. He suggested another public hearing to give the public more opportunity to address the issue before making any changes. Chang said he was sympathetic to the needs of the realtors and event promoters but had serious concerns about making any changes. He agreed that more discussion was needed, and if Council did decide to make changes, he would be more comfortable with signs of reduced size, a maximum of 30 inches from the ground, for a one-year trial period. He was concerned that political signs would be put in front of people's houses without permission. The City Attorney was asked if candidates could be required to obtain permission to post signs in the parking strip in front of homes. He said that he would be wary of a provision that would require candidates to request permission from private property owners in order to exercise their First Amendment rights. James/Kwok moved and seconded to refer the item back to staff to incorporate the Council's comments as well as considering the proposals by the Chamber of Commerce, and to arrange for a second public heating on November 17. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS 10. Consider amending the Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA) for voting and withdrawal changes. Administrative Services Director Carol Atwood reviewed the staff report and explained that while the Council has voted to withdraw from SVACA at the end of the fiscal year, Cupertino remains a part of the JPA until then. She said this amendment would create an opportunity for all the member agencies to have a vote on the SVACA Board. October 20, 2003 Cupertino City Council Page 6 Lowenthal asked that the record reflect the City Attorney's clarification of page 10-14, section 8.2.1, regarding the effective date, and section 6.1. The City Attorney explained that the effective date of withdrawal for the City of Cupertino is July 1, 2004. He said that section 6.1 protects the city because it has already approved and set a budget that Cupertino will have to pay for that year, and the JPA cannot increase the budget for the City unless the City independently votes to approve an increase. He said that without section 6.1 the city could be liable for the last 6 months of operation with the JPA for an unspecified amount of money based upon what the JPA decides, so section 6.1 is the operative language that protects the city from being charged for additional costs. Lowenthal/Kwok moved and seconded to approve the amendment to the JPA for SVACA for voting and withdrawal changes. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 11. Adopt a resolution regarding the Marine Aquarium (Continued from 10/6/03), Resolution No. 03-195 to: Approve the concept of the installation of a Marine Aquarium of approximately 4,000 gallons in the new Cupertino Library and accept, in principle, a donation of $325,000 from Mr. Fred Chan for the fabrication and installation of the Aquarium and an additional contribution in the form of a commitment for five years of annual maintenance of the Aquarium facility and up to an additional five years of maintenance expenses to be shared equally with the City Approve the installation of a recognition Plaque in the Library with the Aquarium acknowledging the contribution of Fred and Annie Chan and their family, which will read as follows: "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan." Authorize the City Manager to enter into an agreement with Mr. Fred Chan, to accept the donation and the maintenance commitment that states that the donation will be used exclusively for fabrication, installation, and construction expense for the aquarium Public Works Director Ralph Quails reviewed the staff report. Sandoval requested that the word, "maintenance" be added to the donation agreement. She also asked who would be in charge of the public donation effort to raise the other half of the maintenance costs after the initial 5 years. City Manager David Knapp said that it hadn't been defined yet at this point, but Council could designate who they wanted to do that. Public Works Director responded that the City Manager would be the one to recommend a course of action or process for the Council to approve. October 20, 2003 Cupertino City Council Page 7 James said that Mr. Chan's feeling was that after the first 5 years, he wanted the City's residents and businesses to take on an active ownership of the project by having corporations sponsor the maintenance each year and having a place for children to put small change into. Chang requested that the phrase stating that Mr. Chan agreed and is committed to paying up to half of the maintenance that is not raised by a public donation effort after the first 5 years, be repeated every time in the agreement and in the resolution. Qualls responded that the wording on page 11-2 of the staff report, "Mr. Chan has further agreed to fund the entire cost of the annual maintenance of the aquarium for a period of 5 years and has committed to pay up to half of the maintenance that is not raised by a public donation effort," would be included in number 2 of the resolution. Linda Cervantes, head of the Santa Clara County Library system, said that she likes the location of the aquarium and has ideas about working with the school districts to find curriculum programs that engage marine life and to conduct class tours. She said that the aquarium would draw older students and community college students as well. James said that Apple Computer has agreed to provide interactive computer technology for the aquarium, which would be discussed at a later date. Chang recognized the Chan family's generosity in donating the aquarium. He mentioned that a reception would be held on Thursday, October 30 in the City Hall lobby at 4:00 p.m. to show the renderings of the aquarium and to acknowledge the donation. James/ Lowenthal moved and seconded to adopt Resolution No. 03-195. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. NEW BUSINESS 12. Presentation from the School Districts regarding attendance boundaries and projected number of students from new developments. (No documentation in packet. Continued from 10/6/03). Chang explained that in talking about the General Plan, a lot of Cupertino residents have been concerned that how our General Plan determines growth, should have some relationship with the capability of our school districts to accommodate new students into our schools. Rick Hausman, Assistant Superintendent for Business Service for Cupertino Union School District (CUSD) gave a PowerPoint presentation covering the following points: · District Funding · Current District Configuration · Future Facility Plans October 20, 2003 Cupertino City Council Page 8 13. · Enrollment Projections · Future Capacity for Growth City/District Coordination He said that the district consists of 20 elementary schools (grades K-6) and 4 middle schools (grades 7 & 8) with space available for some 6th graders who volunteer to attend middle school. Some sites have excess capacity, and bussing is done from a few overcrowded sites to those with space. Hausman said their plans include opening a new elementary school in 2004, converting Collins to a 4th middle school in 2005, and moving all 6th graders to middles schools in 2005. At that time, all but one elementary school will be under 600 students and they will still have excess leased sites (Luther & Serra) for potential future use. Hausman said they use a professional demographer that is very familiar with Silicon Valley and the South Bay, and an analysis is done regularly, with updates on a case-by- case basis as needed. He said that by specifying an address, their database can indicate how many school-age children live in a complex, broken down by grade level. From a long-term standpoint, they compare their analysis with census date generated by city. He discussed the enrollment projections for 2003, as well as the district's future capacity for growth. He explained that shifting 6th graders to middle school in 2005 would leave approximately 30 classrooms vacant, which could accommodate approximately 750 students. Modular classrooms can be added as needed, and Luther and Serra leased sites are available as a back up, with a minimum of 40 classrooms. He said that the coordination between the City's Community Development Department and the school district is good, and the Cupertino Union School district reviews all residential plans. Hausman said he felt confident that the school district knows what the future impacts will be and that it is the district's job to support the City in deciding how the future of the community should go. Council thanked Mr. Hausman for his thorough report and directed staff to reschedule a presentation with the high school district. Review and approve mid-year budget adjustments for fiscal year 2003/04: Authorize transferring $60,000 of one-time year-end savings to establish the FY 2002-2003 Sports Center project budget of $2,400,000, as originally approved, and transferring $70,000 of one-time year-end savings, to increase the project budget to $2,470,000. Approve an increase in the project construction contingency authorization from $138,000 to $208,000 within the proposed budget of $2,470,000. October 20, 2003 Cupertino City Council Page 9 Approve a fiscal year 2003/04 budget adjustment for tho operation of the Cupertino Teen Center in the amount of $40,000. See attached staff report Authorize the use of $20,000 of year-end savings to provide for the funding of additional costs associated with the "top four" Operating Engineer's Local Number 3 (CE3) requirement based on newly submitted salary figures from San Jose Authorize the use of $80,000 of year-end savings to provide for the funding of unforeseen disciplinary actions and general liability claims Administrative Services Director Carol Atwood reviewed the staff report, and explained that the preliminary close for the fiscal year 2002/2003 shows the General Fund with an unexpected savings of approximately $270,000 over budget projects as a result of salary and benefit savings realized from a selective hiring freeze and also by reducing expenditures in all departments. She said this amount is over and above the $10 million Economic Uncertainty Reserve. Sandoval/Lowenthal moved and to approve the mid-year budget adjustments. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 14. Adopt a resolution approving the second amendment to the Franchise Agreement between the City of Cupertino and the Los Altos Garbage Company dated December 4, 1995, in order to make clear the "debris box" definition, Resolution No. 03-196. City Attorney Charles Kilian explained that the amendment clarifies the definition of "debris box" and "container". Lowenthal/James moved and seconded to adopt Resolution No. 03-196. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 15. Select an alternate to the Valley Transportation Authority (VTA) board. Council concurred to appoint Council member Dolly Sandoval as the alternate to the board for the two-year term beginning January 8, 2004. RECESS Council recessed from 10:00 p.m. to 10:12 p.m. ORDINANCES 16. Conduct the second reading of Ordinance No. 1924: "An Ordinance of the City Council of the City of Cupertino Rezoning One Parcel Totaling .31 Gross Acres Parcel From P (Planned Development/With Limited Commercial/Office Use Activity) Zone to P October 20, 2003 Cupertino City Council Page 10 (Planned Development/With Limited Commercial/Office Use/Vocational and Specialized School Activity) at 10650 Bubb Road." James/Sandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. James/Sandoval moved and seconded to enact Ordinance No. 1924. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 17. Conduct the second reading of Ordinance No. 1925: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.040, Relating to Street Improvement Requirements, and Chapter 18.32, Section 18.32.030, Relating to Subdivision Frontage Improvements to Include Findings for Adoption of a Rural or Semi-Rural Street Designation." James/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. James/Lowenthal moved and seconded to enact Ordinance No. 1925. Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. STAFF REPORTS 18. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said that to date ending September 30, revenues are down by over a million dollars in the first 3 months. She said that was attributable to sales tax being down by $335,000 and a portion of the vehicle license fee tax ($759,000) that had been borrowed by the state, which is to be paid back in 2006. She said that departments are keeping expenditures down, and are under budget at this point by $104,000. She said that the City has $3 million in the general fund from vehicle license fees, which is about 10% of the general fund, and it goes to pay for general services like police and library. She said that if that revenue is lost, the City would have to cut services and workforce immediately. 19. Receive a monthly status report on the Cupertino Civic Center and Library Project. Public Works Director Ralph Quails narrated a videotape showing the steel framing and foundation work that has taken place on the community hall. He said the library building plumbing is done, the foundations have begun, and they will begin steel work in early November. He said that Council will be awarding bids for audiovisual equipment at the November 3 Council meeting. October 20, 2003 Cupertino City Council Page 11 Chang said that the Cupertino Library Foundation has renewed its conmaitrnent to raise funds. Council concurred that Chang and Lowenthal should meet with staff and the Foundation representatives to discuss the next steps in the fundraising plan. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the following: The Walk to End Domestic Violence; Walk to School Day for Collins School; and offer by the Cities Association to work with Governor Schwarzenegger on the transition taking place at State government; a walkathon for Self Help for the Elder; a report about ethnic and youth performances being the fastest-growing events at the Flint Center; the celebration for the World Journal's new offices; the Rotary Candidate's Forum; the 1st annual Diwali Indian Festival in Cupertino; the Tournament of Bands; the Payvand Cultural event; a meeting with Cupertino Community Services and local churches for Faith in Action; and a recent Council teambuilding session. CLOSED SESSION 20. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. At 10:24 p.m. Council recessed to a closed session. At 10:48 p.m. Council reconvened, and the City Attorney announced that Council had directed its representatives to proceed along the lines discussed in closed session. ADJOURNMENT At 10:48 p.m. the meeting was adjourned. Kimberly Sm~,'~ity 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.