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CC 04-05-04 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, April 5, 2004 CALL TO ORDER At 5:00 p.m. Mayor James called the meeting to order in Conference Room C of City Hall, 10300 Torre Avenue, Cupertino, California. 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, and Deputy City Clerk Grace Johnson. INTERVIEWS - 5:00 p.m. in Conference Room A 1. Conduct interviews for the Housing Commission and the Bicycle Pedestrian Commission. Colin Cheng and Richard Abdalah were interviewed for the Housing Commission, and the City Council appointed Richard Abdalah to a full term ending January 2008. Michael Chang and May Koski were interviewed for the Bicycle Pedestrian Commission, and the City Council appointed May Koski to a partial term ending January 2005. RECESS Council recessed from 5:55 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. Apri1S,2004 Cupertino City Council Page 2 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, 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, Public Information Officer Rick Kitson, Senior Planner Vera Gil, Code Enforcement Officer Jeffrey Trybus, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 2. Presentation by Tai Ji Men to recognize contributions of Mayor James for promoting Chinese culture. The audience viewed a brief video titled "Ring the Bell of Peace" which explained that the Tai Ji Men was an international group that promoted health, cultural exchange, and world peace. Peter Chow, one of the three representatives present, gave Mayor James a certificate of appreciation for her dedication and promotion of Chinese culture. They also presented the City Council and City Manager with a certificate and a gift for the City. POSTPONEMENTS Lowenthal/Kwok moved and seconded to continue Item No. II, Review and Adopt City Fees, to April 19. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Shing-Shwang Yao, Elm Court, mentioned a recent Cupertino Courier article about the flooding problem on Elm Court being attributed to an inadequate storm drain on McClellan Road, and asked when that will be replaced. Mr. Lee Shodiss, Elm Court, voiced his concerns about public safety and noted that in the last flooding incident a heavy manhole cover had popped off and posed a hazard to traffic. 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. 3. Approve the minutes from the March 15 and 27 City Council meetings. April 5, 2004 Cupertino City Council Page ~ 4. Adopt resolutions accepting Accounts Payable for March 12 and 19, Resolution Nos. 04- 284 and 04-285. 5. Adopt resolutions accepting Payroll for March 12 and 26, Resolution Nos. 04-04-286 and 04-287. 11. a) 6. Accept the Treasurer's Budget Report for February 2004. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements): Fatemah Asgari for Gholamreza Javanmard and Ezat Loukzadeh, 10071 Orange Avenue, APN 357-16-029. (No documentation in packet). 8. Adopt a resolution approving a Grant of Easement for roadway, Lynn M. Ching, 22781 Stevens Creek Boulevard, APN 342-12-037, Resolution No. 04-288. Adopt a resolution approving a Dedication of Real Property for roadway purposes, Lynn Ching, Lot 60, San Leandro Avenue, APN 357-05-029, Resolution No. 04-289. Watershed Protection Collaborative: Authorize the City Manager to negotiate and execute the Second Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District (SCVWD) in the amount of $80,000.00 for a total agreement amount of $325,000.00, for the District to fund the efforts of the Watershed Protection Collaborative Authorize the Director of Public Works to complete an additional encumbrance to the current agreement in the amount not to exceed $80,000.00 with CONCUR, Inc. for the continued administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None 7. 9. 10. (a) (b) PUBLIC HEARINGS Review and adopt City fees. (This item will be continued to April 19): Adopt a resolution establishing an emergency response fee (911), Resolution No. 04-290, and Conduct the first reading of Ordinance No. 1935: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 to the Cupertino Municipal Code Pertaining to 911 Emergency Communication System Response Fee." April 5, 2004 Cupertino City Council Page 4 b) Adopt a resolution accepting the 2004-05 Fee Schedule, Resolution No. 04-291. LowenthallKwok moved and seconded to continue this item to April 19. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 12. Consider adopting a resolution regarding the use of second program year (2004-05) Community Development Block Grant (CDBG) Funds and begin review of the 2004-05 Annual Action Plan, Resolution No. 04-292. Senior Planner Vera Gil reviewed the staff report, and gave an overview ofthe program's objectives and the populations that it serves. She said that the CDBG Steering Committee recommended a total of $524,000 in allocations for 2004-2005, which included the following: Public Service Grants: Construction! AcquisitionlRehabili tation Program Administration Affordable Housing Fund $71,910.00 $290,990.00 $96,100.00 $65,000.00 She also reviewed the allocations for funds left over from last year, which totaled $273, I 00 for Construction! AcquisitionlRehabilitation. Nicol Brown, Grant and Contract Manager for the Shelter for Battered Women, reviewed statistics regarding domestic violence and said that these grant funds would go to provide emergency shelter and legal services. Jacqueline Fabre, Executive Director of Cupertino Community Services (CCS), said these grant funds would help to provide basic human needs and housing services to Cupertino residents. She said that CCS also managers the city's below-market-rate housing program, and they have plans to rehabilitate their homeless housing units. She invited everyone to the April 20th opening of Vista Village. Georgia Bacil, Directing Attorney of Single Adults Legal Assistance (SALA), said that the grant funds would help to provide legal services for those 60 or older, on a very low income, or those susceptible to exploitation. They currently provide services three times a month at the senior center in addition to telephone consultations and at-home visits for those who are homebound. In the prior year they made 180 visits, but now 75% of those are seen locally at the Senior Center. She said when they began, about 1/3 of the caseload was a request for preparation of simple wills, and now it is about 1/3 of the caseload has to do with elder abuse. Grace Ho, Project Manager for Cupertino Community Housing for the Disabled. She said her organization is affiliated with the Midpeninsula Housing Coalition. She explained that Le Beaulieu, a 27-unit housing facility in Cupertino, is 20 years old and is in need of refurbishment to address some life safety issues. April 5, 2004 Cupertino City Council Page S Colleen Hutchin, Executive Director of Live Oak Adult Day Services, said they acquired the agency one year ago from Cupertino Adult Day Care Services. She said they provide socialization and a nutrition program to benefit seniors who require daily assistance, as well as providing relief to their caregivers. She said that there are 200 community volunteers who visit with and entertain the seniors. Sandoval asked that future staff reports clarify the wording on page 12-9 of the packet regarding no deferment on the loan to Le Beaulieu. LowenthallSandoval moved and seconded to (I) Adopt resolution 04-292 accepting the recommendations and beginning review of the 2004-05 action plan, and; (2) Change the word "will" to "may" regarding future funding, throughout future staff reports on this topic as well as in the current resolution. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 13. Consider denying an appeal of Code Enforcement's decision to deny the Massage Permit Application No. C-0400206. Council members were given an amended copy of the staff report and a copy of the applicant's appeal letter. City Clerk Kimberly Smith swore in Code Enforcement Officer Jeffrey Trybus, applicant Yumai Wang, and her daughter Cathy. Code Enforcement Officer Jeffrey Trybus reviewed the staff report and said that the municipal code states that a massage establishment permit may not be issued if the applicant has violated any similar rules of another public agency that regulates the operation of massage establishments. He explained that the applicant had other massage establishments in Fremont and San Bruno and she had received two administrative citations. He said that both were from the City of Fremont; one was for incomplete written records and one was for failure to provide an on-site manager. He said that the applicant feels since those were not law enforcement cases and were not severe violations, she should be issued a permit by Cupertino. Applicant Yurnai Wang, speaking at times with the interpretive assistance of her daughter Cathy, explained that language difficulties had created the misunderstanding and she did not fully understand the rules at the time those citations were issued. She said that later she opened a similar business in San Bruno, and they have been in business for 5 years with no complaints. She said that she wants to bring her services to clients in Cupertino as well. AprilS, 2004 CupertIno CIty Councll Page 6 Kwok/Sandoval moved and seconded to deny the appeal because of previous citations, and to uphold the Code Enforcement's denial of an application for a massage establishment permit. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 14. Authorize the City Manager to execute a lease and Guaranty Agreement with Ole Peter Rasmussen, President, Blue Pheasant Restaurant Inc., and Birthe Lisa Rasmussen for lease of city property at 22100 Stevens Creek Boulevard. (This item was continued from 3/15104). Parks and Recreation Director Therese Smith reviewed the staff report and explained that the current tenant, the Blue Pheasant, was in operation before the city purchased the property in 1961 and before it was annexed into the city. She said the current lease expires March 31. The proposed new lease is for five years with an option to renew for five years, per Council direction, at fair market value. The business will be required to close at 11 :00 p.m. to conform to current zoning regulations. She said that the guaranty assures that the Rasmussen's will be personally liable for the corporation named in the lease. Mayor James clarified for the public that it was the Rasmussen's choice to conform to current zoning regulations rather than to go through a public hearing process for a zone change to allow a nightclub. K wok/Lowenthal moved and seconded to authorize the City Manager to execute the lease and Guaranty Agreement. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 15. Consider a policy waiving fees for use of City facilities, for community groups raising funds for the Library Furniture, Fixtures, and Equipment (FF&E) fund. Parks and Recreation Director Therese Smith reviewed the staff report, and said that since July 1,2003, all fee waivers for parks and recreation facilities had been denied. She said that the Council might wish to amend the current policy of no fee waivers to allow rent- free use of City facilities for library fundraisers. She explained that the event sponsors would still be required to pay staffing costs. SandovallKwok moved and seconded to amend the current policy to allow the waiver of fees for use of City facilities by community groups raising funds to directly benefit the Library furniture, Fixtures and Equipment fund. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 16. Adopt a resolution supporting the statewide ballot initiative to require voter approval before State Government may take local tax funds, Resolution No. 04-293. Public Works Director Ralph Qualls reviewed the staff report and explained this initiative is intended to increase local control over local tax dollars, and over 30 other cities have already adopted resolutions in support of it. April 5, 2004 CupertIno City Council Page' Lowenthal/Sandoval moved and seconded to adopt Resolution 04-293 supporting the initiative, which would require voter approval before State Government may take local tax funds. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 17. Accept the 2002-03 Management Letter from City Auditors, Maze and Associates. Administrative Services Director Carol Atwood reviewed the suggestions for internal controls and procedures, which included recording of fixed assets and infrastructure on an on-going basis, and increasing cash controls at the Senor Center. Kwok/Lowenthal moved and seconded to accept the 2002-03 Management Letter. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 18. Accept a report from Maze and Associates that was performed to test compliance with City guidelines used in the approval of housing units to BMR program participants by our subcontractor Cupertino Community Services (CCS). Administrative Services Director Carol Atwood reviewed the staff report and the Cupertino Housing Commission's recommendations that included filing complaints with the Community Development Department, hearings by the Cupertino Housing Commission, and forwarding of information to the City Council. SandovallLowenthal moved and seconded to accept the report from Maze and Associates. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 19. Accept the 2002-03 Single Audit Report from City Auditors, Maze and Associates. Administrative Services Director Carol said the city received an unqualified report, and that no reportable conditions, material weaknesses or instances of non-compliance material to the basic financial statements were noted. SandovallLowenthal moved and seconded to accept the 2002-03 Single Audit Report. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 20. Review and Approve a Mid-Year Budget Adjustment for General Fund Public Service Grants and other grants. Administrative Services Director Carol Atwood reviewed the recommended mid-year budget adjustment which includes a funding adjustment for the public service grants and receipt of a First Five grant (to be used for children up to age five). She said the purpose is to fund three agencies that were not eligible for CDBG funds, and this would represent a grant in the amount of 85% of what they received previously. She said the net affect to the General Fund is $4,975.00. AprilS, 2004 Cupertino City Councll Page 8 Mary Ellen Reynolds, Director of Development for Second Harvest Food Bank for San Mateo and Santa Clara Counties, said that they serve approximately 165,000 people on average per month through a variety of programs, including Food Assistance, which works with other agencies such as Live Oak Day Care, and Family Harvest, which serves families with minor dependent children. She said that Second Harvest is also the major beneficiary of proceeds from the annual Up and Running race. She explained that Cupertino residents may receive services through many of Second Harvest's programs, and that the grant funds requested tonight were specifically for Operation Brown Bag, which would benefit 71 extremely low-income households in Cupertino. Kwok/Lowenthal moved and seconded to approve the mid-year budget adjustment as recommended by staff. 21. Approve the agreement between Silicon Valley Animal Control Authority (SV ACA) and its member cities regarding purchase of property at 3370 Thomas Road, Santa Clara. Administrative Services Director Carol Atwood said that this agreement establishes an arrangement to purchase the property that insures that no contributions or funds from the withdrawing cities (Cupertino, Los Gatos and Saratoga) are encumbered or used in the property transaction. LowenthallSandoval moved and seconded to approve the agreement between SV ACA and its member cities regarding the purchase of the Thomas Road property. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 22. Approve questions for the Biennial Community Survey. Public Information Officer Rick Kitson presented the questions proposed for the 2004 Community Survey for Cupertino residents and explained that the scientifically-based survey was done by Godbe and Associates via random digit dial of 400 residents of the City of Cupertino, and was accurate within 3 or 4 percentage points. He said that this is the 8th such survey in six years. Council members offered some suggestions to the questions, such as specifying an additional newspaper in Question 22, more specificity in question 24. Staff was asked to verify that bilingual services were available during the survey. LowenthallKwok moved and seconded to approve the attached survey questions and authorize the biennial community survey to proceed. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS - None April 5,2004 Cupertino City Councll Page 9 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including: (I) Financial impacts resulting from the failure of Measure B for the Santa Clara County Library, and anticipated service cuts since remaining funds in benefit assessment district will be needed to fund the election fore the follow-on tax; (2) Plans to use technology fund in Library JP A reserves to run a pilot program in new library to provide 100% automated checkout; (3) Public is invited to next JPA board meetings [April 22, 2004, June 3, 2004, and October 28, 2004, at 1:30 p.m. at the Campbell Community Library, 77 Harrison Avenue, CampbelL]; (4) The success of the most recent Community Congress and the "Balance or Bust" educational budget game; (5) The OSS annual dinner; (6) The annual Crab Feed raised $35,000 to benefit schools; (7) Letter of appreciation from the Tsin-Chu City delegation; (8) Bay Area Air Quality District program by offering rebates to replace gasoline-powered mowers with electrical mowers; (8) Applications available for watershed stewardship grants; (9) Asian-American Parents Association luncheon; (10) Quota Club fundraiser; and (II) The Chamber of Commerce economic legislative summit. CLOSED SESSION No closed sessions were held. ADJOURNMENT At 9:23 p.m., the meeting was adjourned to April 6 from 3:00 p.m. until 6:00 p.m. in Cupertino City Hall Conference Room C, 10300 Torre Avenue, to discuss Vallco Economic Development and Community Festivals. 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 also on the Internet at www.cupertino.org. Click on Agendas & Minutesl City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.