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CC 01-05-04cUPe TINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, January 5, 2004 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, Califomia, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Finance Manager Carol Augustine, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS James Arnold, 19361 Vendura Court, Saratoga, said he represented friends and neighbors of DeAnza College. He discussed the continuing problem of traffic back-ups and poor aesthetics on Stelling Road created by the new 3-level parking garage under construction at the college. He presented a petition signed by about 70 individuals, and said the same petition was presented to the Foothill-De Anza Board of Trustees. He asked that the City plant shrubs in the median on Stelling Road to improve the aesthetics. He said that residents had been meeting with representatives from the college once a month, and he also asked that the City of Cupertino continue to work with the college district to address the traffic problems. Grace and Tony Toy, 10130 Crescent Road, distributed a package of information and took tums reviewing the cover document. Mr. Toy said that in November, he and his wife had explained their two concerns: (1) At the Parks and Recreation Department, no one represents the interests January 5, 2004 Cupertino City Council Page 2 of the City; and (2) At the Sports Center, the city could increase revenues by $100,000 every year without prime-time team tennis. He said that on Nov 17 staff submitted a report listing their reasons in granting priority to the Cupertino Tennis Club, and in response he was submitting tonight a comprehensive package with his response and comments. The submitted documents included the following: (1) Exhibit A, a memo to the Council members dated January 5, 2004, titled Response to Staff Report Before Sports Center Grand Opening (2) Exhibit B, a memo to City Council dated January 5, 2004, titled Cupertino Sports Center Marketing Proposal, Response to Parks and Recreation Department Staff Report Agenda Item #25, Agenda date November 17, 2003; (3) Exhibit C1, email of Dec 9 from Therese Smith with thread from Tony Toy (4) Exhibit C2, email of Dec. 31 from Tony Toy (5) Exhibit D, email of Dec. 4 from Therese Smith with thread from Tony Toy (6) Exhibit E, email of Dec. 10 from Tony Toy (7) Exhibit F, email of June 4 from Dan Clark, with attached letters to the Parks and Recreation Commission. (8) Exhibit G, email of Nov. 5 from Tony Toy (9) Exhibit H, email of Dec. 1 from Tony Toy The Toys indicated that staff has responded to some of the many emails sent to the parks and Recreation Department; that the Cupertino Tennis Club monopolizes prime-time and their practices are concealed; that the Parks and Recreation Commission received distorted and misleading information; that the management conceals the reservation sheet, which is a public record; there is a lack of security on team tennis evenings, and strangers use the facilities; and that the City should aim for the highest return while still providing quality service to the general public. CONSENT CALENDAR Lowenthal/Kwok moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Adopt resolutions accepting Accounts Payable for December 5 and 12, Resolution Nos. 04-234 and 04-235. 2. Adopt a resolution accepting Payroll for December 19, Resolution No. 04-236. 3. Accept the Treasurer's Budget Report for November 2003. Adopt a resolution authorizing application to the Urban Park Act of 2001 Grant Program, Resolution No. 04-237. (Staff report was distributed at the meeting). January 5, 2004 Cupertlno City Councll Page Adopt a resolution initiating reorganization proceedings for territory designated as Monta Vista 02-07 and set a public heating date of February 2, 2004 to consider protests, Resolution No. 04-238. (Continued from November 3, 2003). Accept municipal improvements (grading, curb and gutter) for Barbara Feldstein Kakman, Kathy Keiles Baker, and Kaaren Streetman, 21678 Stevens Creek Boulevard, APN 357- 17-012. CNo documentation in packet). Adopt a resolution authorizing the City Manager to execute a third Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy, Resolution No. 04-239. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS Consider adopting a resolution ordering a vacation for portion of roadway easement, Sheng Hwa Ho and Wei Tai-Fen Ho, 22279 Janice Avenue, APN 357-01-102, Resolution No. 04-240. At 7:10 p.m., Mayor James opened the public hearing. There were no speakers, and the heating was closed. Kwo~Sandoval moved and seconded to adopt Resolution No. 04-240 ordering the vacation of a portion of roadway easement on Janice Avenue. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None Review the neighborhood entry improvements to South Portal Avenue by the Marketplace Shopping Center. (Continued from December 15, 2003). George Monk, 19985 Price Avenue, spoke in favor of the neighborhood entry improvements. He said he would prefer a raised element on the crosswalk to help control the speed of traffic. He said that the shopping center wished to have a plaque acknowledging it's donation of the improvement, and he would support that if they provided the raised crosswalk. Community Development Director Steve Piasecki said that a raised sidewalk is a significant expense, but staff would ask for that. He said that staff would also put in a stronger policy to insure that landscaping is installed. January 5, 2004 (~upertlno City Councll Page NEW 10. 11. 12. Lowenthal/Sandoval moved and seconded the following: (1) To approve the gateway design as shown in the plan set; (2) The design shall include appropriate lettering if the neighborhood should reach agreement on a name within one year; and (3) If a name is to be specified, the matter shall be brought back to City Council for approval. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. BUSINESS Worker's Compensation (backup material was distributed at the meeting): Adopt a resolution authorizing the City Manager to sign a joint powers agreement with the Califomia Public Entity Insurance Authority for excess worker's compensation insurance, Resolution No. 04-241 Adopt a resolution, providing worker's compensation coverage to City of Cupertino volunteers and commissioners, Resolution No. 04-242 Lowenthal/Kwok moved and seconded to adopt Resolution 04-241. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Kwok moved and seconded to adopt Resolution No. 04-242. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Reduce the number of Fine Arts Commissioners from seven to five members. (Continued from December 15, 2003). Lowenthal/Wang moved and seconded to reduce the Fine Arts Commission from seven to five members, and directed staff to prepare an ordinance to make that change. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Discuss the possible restructuring of the Valley Transportation Authority (VTA) board (Request by Council member Sandoval). Dolly Sandoval reviewed some written materials titled Santa Clara Transportation Authority Ad-Hoc Restructuring Proposal Committee, which had been prepared by the City of Milpitas on November 6, 2003. She focused on the current Board composition of five city groupings, and explained how the votes currently rotate among a number of cities. Sandoval said the VTA policy advisory committee will be asked to take a position in the next few months, and she wished to bring this matter to the Council's attention. Kwok felt there was a large disparity in how the votes are weighted for each city. Lowenthal said he wished to avoid the inefficiency of a larger group, but was more concerned about the lack of communication when a city is not actively participating. He suggested they consider having both voting and non-voting members. Wang said she was January 5, 9004 Cupertino City Counc{1 Page 13. 14. in favor of a change to give the City of Cupertino its own vote. James suggested getting input from the staff and the West Valley Mayors and Managers group. Select a date for the Council goal setting session. (Continued from December 15, 2003). Council members confirmed that their next meeting will be January 9, 12:30 p.m., at the Blackberry Farm Retreat Center. If the weather permits, the final item on the agenda will be a walk along the proposed Stevens Creek Trail Alignment. Council committee assignments. Council members concurred on the following assignments: Mayor Sandra James: Economic Development Committee Leadership Cupertino Legislative Review Committee Santa Clara County Emergency Preparedness Commission Santa Clara County Transportation Agency Policy Advisory Committee Alternate West Valley Mayors and Managers Councilmember Patrick Kwok: Association of Bay Area Governments (ABAG) Bay Area Air Quality Management District Board of Directors Guadalupe/West Valley Flood Control and Watershed Advisory Committee Lower Peninsula Flood Control and Watershed Advisory Committee Santa Clara County Cities Association - Legislative Task Force Santa Clara County Recycling and Waste Reduction Commission Santa Clara Valley Water Commission West Valley Mayors and City Managers altemate Councilmember Dolly Sandoval: Audit Committee Environmental Review Committee Legislative Review Committee 5 C's Liaison Santa Clara County Cities Association Alternate Santa Clara County Cities Association Legislative Task Force Santa Clara County Emergency Preparedness Commission Alternate Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Transportation Authority (VTA) Alternate for 2004-2005 Silicon Valley Animal Control Authority Board Member (SVACA) Alternate January 5, 2004 Cupertino City Council Page 6 Councilmember Richard Lowenthal: Association of Bay Area Governments (ABAG) Alternate Economic' Development Committee Environmental Review Committee alternate Guadalupe/West Valley Flood Control & Watershed Advisory Committee Alt. Lower Peninsula Flood Control and Watershed Advisory Committee Alternate Santa Clara County Cities Association Santa Clara County Cities Association Legislative Task Force Alternate Santa Clara County Library District JPA Board of Directors Santa Clara Valley Water Commission Alternate Silicon Valley Animal Control Authority Board Member (SVACA) Sister City Committee - Toyokawa alternate Councilmember Kris Wang: Audit Committee Leadership Cupertino 5 C's Liaison Santa Clara County Library District JPA Board of Directors Alternate Sister City Committee - Toyokawa 15. Conduct the first reading of Ordinance No. 1933: "An Ordinance of the City Council of the City of Cupertino Rezoning Approximately 4.3 Acres of Property from ML (Light Industrial) to P (Res) for Imperial Avenue." (Continued from December 15, 2003). The City Clerk read the title of the ordinance. Kwok/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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES 16. Conduct the second 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." (Continued from December 15, 2003). KwokdLowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. Kwok/Lowenthal moved and seconded to enact Ordinance No. 1926. Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. January 5, 2004 Cupertlno City Council Page 7 17. Conduct the second reading of Ordinance No. 1930: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 11.24.170, Parking Limitations on Certain Streets--Stevens Creek Boulevard between a point 150 feet east of Pasadena Avenue to Imperial Avenue." (Continued from December 15, 2003). Kwok/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereofi Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. Kwok/Lowenthal moved and seconded to enact Ordinance No. 1930. Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. 18. Conduct the second reading of Ordinance No. 1931: "An Ordinance of the City of Cupertino Amending Certain Time Limitations With Respect to the Redevelopment Plans for the Vallco Project Area." (Continued from December 15, 2003). Kwok/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: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. Kwok/Lowenthal moved and seconded to enact Ordinance No. 1931. Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. 19. Conduct the second reading of Ordinance No. 1929: "An Ordinance of the City Council of the City of Cupertino Rezoning a 7.74-Acre Parcel From P(CG, O, ML, Hotel) or Planned Development With General Commercial, Office, Light Industrial and Hotel Uses to P(Com, Off, Res) or Planned Development with Commercial, Office and Residential Uses." Kwok/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: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. KwolULowenthal moved and seconded to enact Ordinance No. 1929. Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: None. Absent: None. Abstentions: Wang. STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community evems, including the Tomorrow's Leaders Today program, which will focus on the issue of drugs on campus as their project this year; a successful Council team-building session last month; January 5, 2004 Cupertino C~ty Councll Page congratulations to staff for having resolved the problem of flooding on Elm Street; the new Sports Center open house on Saturday from 10-4; the Community Tree-Lighting event last month, and a resolution presented for the Counsel General from the People's Republic of China. CLOSED SESSION 20. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 - consultation with City representatives David Knapp and Therese Smith regarding the Blue Pheasant Restaurant. At 7:45 p.m. Council recessed to a closed session. At 8:18 p.m., Council reconvened in open session. The City Attorney announced that Council had met in closed session regarding the potential lease of the Blue Pheasant and directed city representatives to negotiate a lease along the lines discussed in closed session. ADJOURNMENT At 8:20 p.m., the meeting was adjourned to Friday, January 9 at 12:30 p.m. at the Blackberry Farm Retreat Center, 21975 San Fernando Avenue, for a Council goal-setting session Kimberly Smith~ 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, and on the Internet at www.cupertino.org, Agendas & Minutes, City Council, Packets. 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.