Loading...
CC 05-03-04 CITY OF CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, May 3, 2004 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. 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, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Graduation ceremony for Tomorrows' Leaders Today (TLT). (No documentation in packet). Kathleen Elliot, Executive Director for TLT, described the goals and activities of the youth leadership program and thanked all of the agencies that had supported them. She said that this year's class of fewer than 20 students had contributed over 700 hours in a wide variety of community services. Four teams of students presented their research and findings on the availability of drugs and alcohols to teens on high school campuses. The reports were written from the perspective of law enforcement, community and city government, parents, and teens, and listed the pros and cons of steps that could be taken to address the problem. Mayor Sandra James, City Manager David Knapp, and Kathleen Elliott graduated the students and presented them with a certificate of completion and a key chain with a logo representing the teamwork of the students. May 3, 2004 Cupertino City Council Page 2 Council member Lowenthal asked that staff review the Teen Center hours to determine if they should be shifted to a later time, and also asked that a compendium of the students' reports be provided to the City Council and staff. 2. State budget update by Assistant Speaker Pro Tem Sally Lieber. (No documentation in packet). Assistant Speaker Pro Tem Lieber said that the current, estimated budget gap for the state is over $17 billion, and even if all of the Governor's proposed solutions are implemented, there will still be a $6 billion structural deficit in 2005-2006. She said the budget cuts proposed include a $2 billion reduction in education spending, a $950 million reduction in non-local transportation funding, a $700 million reduction for higher education, $1.4 billion in cuts to social services, and 1.1 billion in cuts to medical. She also said that approximately $1.8 billion of those cuts would be in take-always from local government. Lieber said educational revenue augmentation funds (ERAF) shifts are one of the largest concerns for cities like Cupertino, and the Governor proposes an additional $1.3 billion in shifts from local government to education. She said the impact on Cupertino will be an additional shift of $128,382 in 2004-2005 for a total of $714,742, and an additional shift of $59 million ITom the county for a total of $324,646,000. She distributed a packet of information which included an overview of the Governor's budget and information about 3lmandates which may be converted to best practices. Lieber said that the public is invited to submit suggestions for the California Performance Review via the web site www.cpr.ca.gov, and that more detailed budget information is expected ITom the Governor's office on May 15. Council member Lowenthal said that the Library Joint Powers Authority parcel tax is sun setting and will lose 20% of its funding. He said that ERAF shifts are very hard on libraries, and asked that Ms. Lieber take ownership of special districts too as she works on behalf of the city. Council member Patrick Kwok thanked Ms. Lieber for giving the Assembly District 21 "Woman of the Year" award to long-time Cupertino resident Pearl Cheng, and said that the community is very appreciative of her efforts. He also asked for Lieber's support for the Local Taxpayers and Public Safety Protection Act. 3. Presentation by PG&E regarding energy efficiency program for business and governmental customers. (No documentation in packet). Darren Deffner, PG&E's local government relations representative for Cupertino, said PG&E had a number of annual rebates and incentives for both residential and non- residential customers and he handed out a packet of information. Program Manager Ben Mehta reviewed services that PG&E had provided to business customers as well as some new opportunities for energy savings. Some of these were retrofitting, savings through new design, express efficiency for small businesses, upstream motors and coolers, and energy audits. He said that the City of Cupertino has been very active in reducing energy use through retrofitting and changing to a different kind of street light, and he suggested May 3, 2004 Cupertino City Council Page 3 that the city compare the energy use of all its buildings to see if there could be further improvements in energy reduction and qualification for more incentives. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Shing-Shwang Yao, Elm Court resident, showed a plan that had been presented to Council in 1992 for adding parallel pipes on McClelland and Bubb Roads to address the water overflow problem. He said the area's residents are angry that they have been ignored for so long, and asked how they can help to get this matter into the city's budget. Mr. Lee Shodiss, Elm Court resident, said he realized there were budget limitations, but was disturbed to find a l2-year old plan after the discussions of the last year. He asked for a meeting to discuss how to resolve the situation, and said residents of many neighboring streets are affected. He distributed a copy of his March I email to the Council, and said he felt the Public Works Director had mischaracterized the last flood. Mr. Kevin Garrett, Verona apartments resident, said he had moved into a below-market-rate apartment six months ago, but has received notice he would have to move out within a year because the Verona apartments were being converted to condominiums for sale, and at this time there were no other BMR apartments available. Community Development Director Steve Piasecki talked about two new housing projects by Town Center and Menlo Equities, and he hoped that all the displaced families could be accommodated although it could not be guaranteed. Council member Lowenthal said that the apartment owners would like to meet with Mr. Garrett about finding them a unit in the low-rise portion of the complex. Christine Jeffers, Executive Director of the Cupertino Historical Museum, presented each Council member with the gift of a woven blanket featuring Cupertino history, which is being sold as a fundraiser for the museum. Mr. Pat Rogers spoke of his appreciation for the outstanding work of the city staff members, which are always very responsive. Tony and Grace Toy, Crescent Road residents, read their letter to City Council regarding a marketing strategy for the Cupertino Sports Center, and their belief that team tennis has devalued the benefits of pass holders. The letter also asked about commission revenue ITom the teaching courts and a request for information about the capital investment into this facility. CONSENT CALENDAR LowenthallKwok 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. May 3, 2004 Cupertino City Council Page 4 4. Approve the minutes ITom the April 19 City Council meeting. 5. Adopt resolutions accepting Accounts Payable for April 16 and 23, Resolution Nos. 04- 299 and 04-300. 6. Adopt a resolution accepting Payroll for April 23, Resolution No. 04-301. 7. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and setting hearing for June 7 for objections to proposed removal, Resolution No. 04-302. 8. Adopt a resolution approving the Final Map of Tract No. 9535, Town Center Phase I, located at 10251 and 10271 Torre Avenue, Resolution No. 04-304. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 9. Consider a resolution adopting the 2004-05 Annual Plan and the use of second program year (2004-05) Community Development Block Grant (CDBG) funds, Resolution No. 04-305. Senior Planner Vera Gil reviewed the allocations recommended by the CDBG Steering Committee for 2004-2005 CDBG funds, as follows: 2004-05 CDBG Allocation: Public Service Grants: $71,910.00 Construction/ AcquisitionlRehab Program Administration: Affordable Housing Fund: CCS- Affordable Placement Program TOTAL: $290,990.00 $96,100.00 $65,000.00 $65,000.00 $524,000.00 2003-04 CDBG Allocation: Construction/ AcquisitionlRehab TOTAL: $273,100.00 $273,100.00 Council member Sandoval suggested changing the wording on the report to say that agencies "may apply for funding," instead of "may be funded." She also asked about the status of the CDBG steering committee vacancies. Gil explained that there are still some vacancies because there have not been any applicants from the areas of highest concentration of low and moderate-income households. These areas are the recently annexed Garden Gate and Rancho Rinconada May 3, 2004 Cupertino City Council Page 5 neighborhoods. She said they would continue noticing the vacancies on the Web site and the Cupertino Scene, and the Council members suggested notification to the 45 applicants for CDBG funds as well as neighborhood block leaders. Gil discussed the second mortgage program for teachers, which can provide $50,000 to assist with a down payment, and said that no loans have been allocated yet. She explained that the criteria includes that the home must be within city limits, and applicants are having difficulty qualifying. Lowenthal asked that staff do an analysis of the program to determine why it is failing and whether the criteria should be changed. Sandoval/Kwok moved and seconded to adopt Resolution No. 04-305 as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 10. Consider a resolution adopting the Analysis ofImpediments to Fair Housing Choice (AI) and the recommendations stated in the AI, Resolution No. 04-306. Consultant Diana Elrod, the city's consultant, reviewed the staff report. She explained that as a part of the streamlined process to become an entitlement city and receive money directly ITom the Department of Housing and Urban Development (HUD), Cupertino was required to prepare a new Analysis of Impediments (AI). She said that this document provides an assessment of location, availability and accessibility of housing, and how public and private conditions affect fair housing choice. Elrod reviewed the specific five-year and one-year actions recommended. The five-year recommendations include conducting a fair housing audit and conducting a survey of lenders. The one-year recommendations include developing a "reasonable accommodation" protocol for the permitting process and developing a variety of informational materials in relevant languages pertaining to the permitting process. KwoklLowenthal moved and seconded to adopt Resolution No. 04-306. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Council member Sandoval clarified that the City Council is only committing to this in concept but has not yet agreed to join the study since the costs are not known. 11. Consider Vallco Fashion Park, property located on the East and West sides of Wolfe Road between Stevens Creek Boulevard and Highway 280. (This item was continued from 4/27/04): a) Adopt a negative declaration (EA-2004-07) b) Conduct the second reading of Ordinance No. 1936 to allow a movie theater complex to be located on top of the existing mall shops or within the existing parking lots adjacent to Wolfe Road: May 3, 2004 Cupertino City Council Page 6 "An Ordinance of the City Council of the City of Cupertino Approving an Amendment to l-DA-90, Development Agreement Between the City of Cupertino and Vallco International Shopping Center, LLC" Mike Rohde, representing the applicant, said the application is to relocate the entitled theater from the Sears parking lot to a new, third level of the mall. He said it would be a 16-screen multiplex with about 3500 seats. Rohde discussed the ways in which the business and its location would serve to increase pedestrian traffic throughout the mall and encourage other business to locate in the mall. He said it would be closer to more parking areas, but still 200 to 500 feet away from existing residential areas. Rhode said they already have contracts with Dynasty Restaurant and Alexander's Steakhouse. He noted that other businesses that have expressed interest are Old Navy, California Pizza Kitchen, Borders, and Chuck E. Cheese. Council member Lowenthal said that the initiatives currently being circulated, if passed, would have devastating side effects, such as prohibiting the theater in its original location and preventing the being considered. Rohde said that the mixed-use project with housing would help to support the cost of the theaters, which in turn draw in the other desirable businesses. Council member Sandoval said that there will be traffic challenges, and there will be a need for new and safe bike lanes. She said the developers should stress alternative transportation to the mall. Lowenthal/Kwok moved and seconded to adopt a Negative Declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. KwoklSandoval 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, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to enact Ordinance No. 1936. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 12. Consider input from the Cupertino Historical Society for naming the park at the corner of Stevens Creek and De Anza Boulevards, and either set a hearing date on the naming of the park or refer the matter to the Parks and Recreation Commission for a public hearing with a recommendation to the City Council. May 3, 2004 Cupertino City Council Page 7 Parks and Recreation Director Therese Smith said that the working name for the park has been City Center Park, but that name is easily confused with the new Civic Center Plaza at city hall, the Town Center development, and the City Center development. She said Board of Directors of the Historical Society had recommended Cali Plaza, Cali's Corner, or Cali's Alley. Staff recommended Cali Mill Plaza, so that it was clear that an historical location was being referenced, and not a person. Ms. Donna Austin, Board President of the Cupertino Historical Society, read a letter that said the board strongly endorsed naming the park after the Cali family, which had contributed so much to Cupertino's business and culture. She also gave a brief history of the crossroads area ITom the time ofR. Cali & Bros. Feed and Grain mill. Mayor James said she contacted Ron Cali about the name change proposal and he said he would be honored. James explained that it was the council's intention to name the plaza in acknowledgement of the historical building rather than the family name, because that is more in keeping with the city's naming policy. James added that the Cali family would be willing to provide historical pictures, instruments, etc. KwoklLowenthal moved and seconded to refer this to the Parks and Recreation Commission for a public hearing and recommendation back to the City Council, and to inform the commission that the City Council's preferred choice was Cali Mill Plaza. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 13. Review bids and award Street Sweeping, Project 2004-01 to Don & Mike's Commercial Sweeping, the lowest responsive and responsible bidder, in the amount of$101,476.80. Public Works Director Ralph Qualls distributed a memorandum dated May 3 that compared the unit prices for Don and Mike's Sweeping between the current contract and the low bid for the new contract. He said that payment of prevailing wages is required in this contract, and the company has provided a letter of acknowledgement. LowenthallKwok moved and seconded to award the contract for Street Sweeping, Project No. 2004-01, to Don & Mike's Commercial Sweeping in the amount of$101,476.80, and approve a contingency for emergency and additional sweeping of $50,000, for a total project cost of$151,476.80. 14. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks pursuant to Ordinance No. 1925 for the following locations: Stonydale Drive, Creston Drive and Rivercrest Court; and Palo Vista Road, Mira Vista Avenue, and Scenic Boulevard, Resolution No. 04-307. Public Works Director Ralph Qualls reviewed the staff report. The City Clerk read letters in favor of the semi-rural designation from Alan Stocklmeier and Nick Szabo. Lowenthal/Kwok moved and seconded to adopt resolution No. 04-307. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. May 3, 2004 Cupertino City Council Page 8 15. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks pursuant to Ordinance No. 1925 for Vai Avenue and Columbus Avenue, Resolution No. 04-308. Stan Salomon, Columbus Avenue resident, said he represented the 25 owners on the Columbus side of the street, and the majority of them are in favor of this designation. He said they have ITont yard power poles and no streetlights, and wish to preserve the character ofthe neighborhood. KwoklLowenthal moved and seconded to adopt resolution No. 04-308. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 16. Reappoint Joseph Walton to the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee for the new term beginning July 1, 2004. Sandoval/Lowenthal moved and seconded to reappoint Mr. Walton for an additional two- year term. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 17. Designate a voting delegate and alternate for the League of California Cities' special meeting of the General Assembly on Thursday, May 13, 8:30 a.m. Sandoval/Lowenthal moved and seconded to designated Council member Patrick Kwok as the delegate, and Public Works Director Ralph Qualls as the alternate. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS 18. Confirm Wednesday, May 26, at 4:00 p.m. as the date and time for a budget study session in Conference Room C. (No documentation in packet). Council concurred to conduct this meeting on Monday, May 24, at 3:30 p.m. 19. Receive a monthly status report on the Cupertino Civic Center and Library Project. Public Works Director Ralph Qualls reviewed a written report, and said the Phase II construction is approximately 45% complete. He said that the exterior work is almost completed. He said that bids for the library signage package, and separate bids for the furniture, fixtures and equipment for both buildings are scheduled for award on May 17. He explained that the Library FF&E costs are to be funded by the Library Campaign, which has a goal of$150,000. The current shortfall is $968,500, and it will be funded by City loan advances ITom the Resource Recovery Fund in lieu of future additional library hours. May 3, 2004 Cupertino City Council Page 9 Mayor James said that the Deputy Sheriff's have pledged to donate $10,000; PG&E will make a monetary donation; and Hunter Storm plans to make a donation in the name of the doctors and dentists that live on their Town Center property. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including financial issues facing the library Joint Powers Authority; a study session on new developments at Vallco; a grand re-opening of Wilson Park grand opening; the annual Cherry Blossom Festival; the annual Mother's Day festival hosted by the World Journal next Sunday; status of the Local Taxpayers and Public Safety Protection Act put on the ballot by the League of California Cities; one-year anniversary of Vista Village, the house project by Cupertino Community Services; the promotional ceremonies for Sheriffs department; the Mayor's breakfast with commissioners; the Toastmaster's regional conference hosted at HP; and the West Valley Mayors and Manager's meeting. Council members directed staff to place on the next agenda the cancellation of the August 2 meeting, and the next set-aside day for Council meetings that month would be August 17 instead of August 3. CLOSED SESSION - None ADJOURNMENT At 10:17 p.m. the meeting was adjourned to Tuesday, May 4 from 3:00 p.m. until 6:00 p.m. at the Cupertino Black Berry Farm Conference Center, 21975 San Fernando Avenue, for a Closed Session regarding the evaluation of the City Manager. 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 & Minutes/ City CounciV 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 ITom the Cupertino City Channel, 777-2364.