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CC 11-03-03CUPER TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, November 3, 2003 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. ROLLCALL 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 Quails, Community Development Director Steve Piasecki, Senior Planner Colin Jung, Associate Planner Peter Gilli, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Proclamation declaring November 2-8 as Youth Appreciation Week in Cupertino, to be presented to the Cupertino and De Anza Optimist clubs. (Continued from October 6, 2003). Mayor Chang presented the proclamation to Frank Jelinch and Dean Skeels. Proclamation presented to the Emergency Housing Consortium declaring the week of November 16 through 22, Hunger and Homelessness Awareness Week in Cupertino. Mayor Chang presented the proclamation to a representative of the Emergency Housing Consortium. 3. Proclamation presented to the Cupertino Tournament of Bands. Mayor Chang presented the proclamation to representatives of the Cupertino Tournament of Bands. November 3, 2003 Cupertino City Council Page 2 Proclamation presented to Cupertino Chamber of Commerce Executive Director Jody Hansen. Mayor Chang presented a proclamation to Jody Hansen. 5. Proclamation presented to Mahesh Nihalani in recognition of his support for the Chamber of Commerce Diwali Festival. Mayor Chang presented a proclamation to Mahesh Nihalani. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson, encouraged everyone to exercise his or her right to vote the next day. He also referred to a letter from San Jose Water Company regarding increasing fees to cover infrastructure improvements and water quality. Levy said that the Cupertino customers were not supposed to be charged for those system-wide things. He said that the Public Works Director was asked to look into it but not enough information has been received from the water company yet. Eileen Fan said that she had purchased and driven a car for one month, and believed that a gas- tank leak was causing the release of toxic vapor, which made her ill for over 8 months. She said she had been trying to inform the appropriate agencies but without success. Mayor Chang asked the Public Information Officer to assist Ms. Fan in identifying the correct local government agency. Tony and Grace Toy distributed and discussed an email message they had sent to City Council on November 2 regarding the Cupertino Sports Center. They explained that team tennis players now have extensive use of the best-lit courts at prime time, without restriction. If those teams were to play at other facilities, they would pay much higher rates. However, at the Cupertino Senior Center, team tennis is free, but places demands on staffhours and facilities. Mr. and Mrs. Toy said that over 80% of the non-team players are subsidizing the 20% of team tennis players, and they proposed a different marketing strategy by opening up all courts at prime time, increasing pass holders, which could increase revenues by as much as $100,000. James Arnold expressed concerns with construction at DeAnza College. He said the EIR addendum glossed over traffic problems on Stelling; air pollution and safety concerns were not addressed; he said the aesthetics of the college were impacted; and there were plans to move tennis courts right in front of the neighborhood homes, which would create light pollution problems. He said he had also raised these concerns with the DeAnza College Board of Trustees. November 3, 2003 Cupertino City Council Page 3 CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 12, which was pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 6. Approve the minutes from the October 17 and 20 City Council meetings. Adopt resolutions accepting Accounts Payable for October 17 and 24, Resolution Nos. 03-197 and 03-198. 8. Adopt a resolution, accepting Payroll for October 24, Resolution No. 03-199. 9. Accept the Treasurer's Budget Report for September. 10. Adopt the State Resolution authorizing the investment of monies in the Local Agency Investment Fund (LAIF). 11. Adopt a resolution approving the destruction of records from the Human Resources, Code Enforcement, and City Clerk's Department, which are in excess of two years old, Resolution No. 03-200. 13. Adopt a resolution accepting Citizens' Option for Public Safety (COPS) grant allocation, Resolution No. 03-201. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 12. Acknowledge a fee waiver expenditure of $9,631.16 for the Cupertino Rotary Club's facility use of portions of the Quinlan Community Center and Memorial Park, and staff costs for the 2003 Oktoberfest that was held on October 11 and 12. Robert Levy, 10802 Wilkinson Avenue, said that earlier this year the Council stopped giving waivers. He asked ifa similar exception could now be given to individuals. Parks and Recreation Director Therese Smith said it was decided during budget discussion to continue supporting festivals as a means of building community, and funds were earmarked in the budget for such events. She said that this item is a report of the costs that have been incurred. PUBLIC HEARINGS 14. Adopt a Negative Declaration and 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. (Continued from October 20). November 3, 2003 Cupertino City Council Page 4 First reading of Ordinance No. 1927: "An Ordinance of the City Council of the City of Cupertino Rezoning Sixty-Eight Parcels Totaling 19 Gross Acres From A1-43 Agricultural-Residential Zone and R1-7.5 Single Family Residence Zone to the R1-A Single Family Residential District and Amending Chapter 19.28 of the Municipal Code." Community Development Director Steve Piasecki explained that the neighbors had initially formed two groups around the mzoning issue, but that they have now all agreed to a compromise which would change the rezoning from agricultural an R1 zone. Senior Planner Peter Gilli reviewed the staff report and gave a brief summary of the history of the rezoning issue. He said that one neighborhood group wanted to have flexibility in development rules and the other group wanted to have a level of protection from the impacts of new development. He said that just before the start of tonight's meeting, the two groups reached a full agreement on a compromise, making moot the memo regarding the two points remaining for discussion. An amended version of exhibit 2 of the ordinance was distributed. He referred to exhibit 3 showing the difference between the A1 zone, the R1 zone and the neighborhood compromise. The neighborhood agreed on the two additional points: 1) Having second-story setbacks on the side of 20 feet and 15 feet, which is close to Al; and 2) The building envelope wall height would be 12 feet at the side setback line, which is close to R1 zoning requirements, but not exactly the same. Piasecki explained that a special zoning district was requested in Linwood Acres because it is a unique subdivision that has had minimal street improvements, the homes have a similar design style, they have larger lots than the rest of the City neighborhoods (7500 vs. 9375), larger setbacks, and most of the homes are single-story. He said that other neighborhoods in the City might also see themselves as different and may seek to get special recognition of their differences. Terry Griffin, 10727 Randy Lane, confirmed that the neighborhood agreed with the compromise regarding zoning. He thanked Peter for his patience and help. He said he appreciated the neighborhood having its own zoning since it recognizes that the neighborhood is special. P.J. Kim, 10629 Randy Lane, said that he also was present to confirm the neighborhood's agreement with the zoning issues. Robert Levy, 10802 Wilkinson Ave, said that he understands the ordinance would restrict the size of the second floor level to less than the first floor level. He said that it's not really true that the second story has to be smaller than the first story because you can get exceptions to make the second story the size of the first story. He suggested that the Council do away with exceptions altogether. November 3, 2003 Cupertino City Council Page 5 Lowenthal/James moved and seconded to adopt a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Lowenthal/Kwok moved and seconded to approve the application subject to Ordinance No. 1927 incorporating the compromise position and the revised exhibits 1 and 2 as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The 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. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS Mayor Chang reorganized the agenda to hear item No. 17 next. 17. Friends of the Cupertino Library donation: Accept $75,000 from the Cupertino Library Foundation as donated by the Friends of the Cupertino Library Approve plaque recognizing $75,000 contribution by the Friends of Cupertino Library for the Children's Story Room in the new Library City Manager David Knapp reviewed the staff report. Kathy Stakey, President of the Friends of the Cupertino Library, read the organization's mission statement, which included raising funds to enhance and improve the overall operation of the library, to focus public attention in a positive manner on library services, facilities, and needs, to help promote the use and enjoyment of the library, and to encourage the enjoyment of reading among young people. She presented a check from the Friends of the Cupertino Library for $75,000 to be used toward the library campaign. She also recognized librarian Mary Ann Wallace for her support of the organization's activities. She said that most of the money is raised through selling used books, and that private donations and memberships also help. Lowenthal/James moved and seconded to accept the donation of $75,000 for the Cupertino Library. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. November 3, 2003 Cupertino City Council Page 6 15. 16. 18. LowenthaVJames moved and seconded to approve the plaque for the Children's Story Room. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The plaque wording will be as follows: "This children's story room made possible in part by the generous donation of the Friends of the Cupertino Library." Initiate reorganization proceedings for territory designated as Monta Vista 02-07 and set a public heating date of December 15, 2003 to consider protests, Resolution No. 03-207. The City Clerk distributed a revised Resolution No. 03-207, which had a more accurate description of the territory. Community Development Director Steve Piasecki reviewed a brief PowerPoint presentation. Kwok/James moved and seconded to continue this item to January 5, 2004, and at that time consider setting a public hearing for February 2. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Library/Civic Center Project: Review bids and award contract for the Civic Center Audio Visual Equipment and Installation contract to Ceitronics, the responsive and apparent low bidder, for a base bid of $631,738 and four alternates with a value of $179,007 for a total contract amount of $810,745 Sandoval/James moved and seconded to award the contract to Ceitronics as recommended by staff. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Review and adopt a resolution authorizing the City Manager to negotiate and execute the First Amendment to the Agreement with Nova Partners in an amount not to exceed $300,000, for additional Construction Management services on the Library and Civic Center Project for a total Agreement amount of $1,150,000, Resolution No. 03-202 James/Lowenthal moved and seconded to adopt Resolution No. 03-202. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Consider establishing a policy embracing demographic diversity: Resolution No. 03-203 or Resolution No.03-203 and 03-204 or Resolution No. 03-205 City Manager David Knapp reviewed the staff report. November 3, 2003 Cupertino City Council Page 7 James/Sandoval moved and seconded to adopt Resolution No. 03-203 as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Rich Abdalah, 10455 Torre Ave., said that he previously served the County of Santa Clara in Employment Law. He urged Council not to adopt a policy on employment because it could be seen as filling quotas and might put the City at risk. He urged the City to consider these factors when hiring, but not to require them in a resolution. City Attorney Charles Kilian responded that employment has a much stringent standard. He said that it is legal to have a policy that says that this is a diverse community and that one of the things required of city employees is that they recognize the diversity and know how to deal with it. He also said that the policy is subject to misinterpretation, since no policy is free from potential litigation, but if the policy is read correctly and objectively, it will be interpreted as not requiring the hiring of people based upon those factors that could be seen as filling quotas. Knapp said that in hiring new people, he attempts to have the broadest range of qualified applicants for every opening, and that the only criterion for the selection is who is the most qualified applicant. James/Kwok moved and seconded to adopt Resolution No. 03-204 as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 19. Review bids and award contract for Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2003-01, to JJR Construction, Inc. in the amount of $397,400.00, and approve a contingent amount of up to $95,000.00 for additional work that may be identified in the second half of the fiscal year as approved by the Director of Public Works, for a total of $492,400.00. Sandoval/James moved and seconded to award the contract as recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 20. Consider adopting a resolution amending Resolution No. 03-186 and endorsing the Santa Clara Valley Transportation Authority's (VTA)'s Community Design and Transportation (CDT) Program and its Manual of Best Practices for integrating transportation and land use, Resolution No. 03-206. Lowenthal/James moved and seconded to adopt Resolution No. 03-206. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. November 3, 2003 Cupertino City Council Page 8 21. 22. 23. Authorize the City Manager to execute a $3,000 contract with our City auditors, Maze and Associates, to test compliance with City guidelines used in the approval of housing units to Below Market Rate (BMR) program participants by our subcontractor Cupertino Community Services (CCS). Kwok/Lowenthal moved and seconded to authorize the City Manager to execute a contract with Maze and Associates. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Authorize the City Manager to execute a $29,000 contract with Public Resoumes Management Group (PRM), to conduct a Development Fee Study. James/Sandoval moved and seconded to authorize the City Manager to execute a contract with Public Resources Management Group. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Review proposals for animal control services and direct staff to negotiate a contract for animal control services effective July 1, 2004. Administrative Services Director Carol Atwood distributed a chart comparing service levels among Silicon Valley Animal Control Authority, the Cities of Palo Alto & Sunnyvale, and the City of San Jose. She also reviewed a PowerPoint presentation, which compared the costs of each proposal. Sandoval asked that if the City contracts with San Jose and then decides to terminate the contract, would the City get to keep the cages, materials, and other assets that were purchased with the $500,000 one-time shelter cost. Atwood responded that the City could add into the contract an amortized life on the assets pumhased up-front and get reimbursement for some of the costs if it decides to terminate. She also said that the contract that would be negotiated would have cost-containment issues, a long-term provision with options to renew, and specific performance requirements as to response time and reporting. James/Sandoval moved and seconded to direct staff to negotiate a contract for animal control services, to be effective July 1, 2004. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS - None November 3, 2003 Cupertino City Council Page 9 COUNCIL REPORTS Cotmcil members highlighted their activities and that of their committees, as well as various community events. These included: A media event to be held when the Library fundraising committee reaches the one-half million dollar mark; a press conference regarding Fred Chan's donation for an aquarium at the library; the Urban League Institute meeting highlighted the City Center mixed-use development; the Asian Heroes Ltmcheon and the Chinese Historical Society dinner; progress made in integrated recycling and waste reduction; the first annual Duwali Festival of Lights; the Silicon Valley Manufacturer's luncheon about economics and the future of the State of California; a fundraiser for the Fremont Union High School District at BJ's Restaurant; the 25-year anniversary celebration for Channel 15; the ABAG general assembly meeting at which was discussed the role of regional control over budgets and transportation planning; the status of the SVACA animal control authority and their recent pumhase of land; and the measure to be placed on the March ballot to replace the parcel tax for the library with a 7-year community facilities district tax. Dolly Sandoval asked that the December 15 council meeting agenda include discussion on the possible restructuring of the Valley Transportation Authority board. The Council members concurred with this suggestion. CLOSED SESSION At 10:00 p.m. Council recessed to a closed session to discuss items 25 and 26, below. Item 24 was tabled. 24. 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. 25. Pending litigation - Government Code Section 54956.9(a), Golden vs. City of Cupertino regarding a pending claim. 26. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 regarding the Blue Pheasant Restaurant. At 10:55 p.m. Council reconvened in open session. The City Attomey announced that in the matter of Golden vs. City of Cupertino, the Council approved a settlement along the lines discussed in closed session. He said that in the matter of the Blue Pheasant Restaurant, the Council gave direction to its representatives to proceed with negotiations along the lines discussed in closed session. November 3, 2003 Cupertino City Council Page 10 ADJOURNMENT At 11:00 p.m. the meeting was adjourned. Kimberly Smith~L~ty 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.