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CC 06-07-04 CUPEIUINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting 10300 Torre Avenue, City Hall Council Chamber Monday, June 7, 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. She spoke about Memorial Day and D-Day, and asked for a moment of silence in remembrance of President Ronald Reagan. 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, Recreation Supervisor Christine Hanel, Recreation Supervisor Don McCarthy, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS I. Annual report from the Teen Commission. (No documentation in packet). Teen Commission Chairman Danh Trang reviewed a PowerPoint presentation on the Teen Commission activities. Their main projects included the Teen Center ("Down Under"), the Skate Park, and a number of service projects including: Ringing in the Holidays, Adopt-A-Family, volunteering at the CEEF Gala Fundraiser and Cupertino Community Services; inter-city Teen Commission collaboration; and intra-city commission collaboration. 2. Proclamation recognizing Al Tsugawa. (No documentation in packet). Mayor James presented the proclamation acknowledging Al Tsugawa for his many hours as a volunteer and employee in the CERT program. Al Tsugawa accepted the proclamation, and said that credit was due to Marsha Hovey and the 600 CERT-trained volunteers who were creating new communities in the city. June 7, 2004 Cupertino City Council Page 2 3. Proclamation for the World War II Memorial. (No documentation in packet). Mayor James presented the proclamation to Irv Conan on behalf of all the veterans of the City of Cupertino, and in acknowledgment of his encouragement for the support of the World War II war memorial. Irv Conan thanked the Council for the funding for the memorial, and said he hoped that, as visitors tour the memorial, they remember the people that it stands for. POSTPONEMENTS-None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Bahman Marzbani from Sydney, Australia, talked about a proposal to donate a sculpture to the City of Cupertino, which could be placed in a local park or in the library. The sculpture would feature a statue of Cyrus the Great on one side, and a statue of an American hero or a forgotten soldier on the other side. He said that Cyrus was a Persian emperor who created the first declaration of human rights in 536 B.C., which emphasized liberty, religious freedom, justice, and gender equality. Pamela Ledesma said she was a recently retired employee speaking on behalf of many Cupertino city employees (employees in the audience stood up to identify themselves). She said that all city employees were forced to take two days off without pay this year. Salary negotiations are now underway and management is requesting even deeper cuts, which will probably include a significant increase in furloughs. She said this would negatively affect the livelihood of all employees and reduce services to the public. Ledesma said that staff is willing to make reasonable sacrifices, but continued funding of programs not critical to public health and safety makes the sacrifice seem in vain. She asked the Council to be careful of expenditures so city employees can continue to provide excellent service on a full-time basis. Dennis Whittaker, representing the Concerned Citizens of Cupertino, said they had been successfully collecting signatures for initiatives related to building height, setback and density, and plan to continue collecting until they obtain 15% of the registered voters. He said the CCC had asked the Council in the past to adopt an ordinance in lieu of these initiatives being placed on the ballot, and that offer still stands. Whittaker said that some individuals or groups, not councilor staff, are using deceptive practices such as a telephone survey with bias.ed statements and skewed follow-up questions. He urged voters to leam the facts and future ramifications and not to be misled. Lee Shodiss, Elm Court, discussed his ongoing concern about flooding at Bubb and McClellan. He appreciated that the $2.5 million estimated cost is in the budget for next year, although it is not funded, but urged that the project be re-assessed to determine an accurate scope and cost. He asked that staff keep the neighbors informed of the status of the re-assessment. Cupertino City Council Page 3 June 7, 2004 Shing-Shwang Yao, Elm Court, spoke about safety hazards created by flooding on Elm Court, and urged that the City Council allocate some funding to repair the problem once and for all. Michelle Hu, Fairwoods Court, read a letter dated June 7 from several community members to the City Council, expressing their appreciation for Council member Kris Wang's services during her first six months in office. CONSENT CALENDAR Kwok/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item 6 that was pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 4. Approve the minutes from the May 17, 24, and June 1 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for May 14,21, and 28, Resolution Nos. 04-319 through 04-321. 7. Adopt a resolution approving an application for grant funding under the Land and Water Conservation Fund for Stevens Creek Corridor Park, Resolution No. 04-323. 8. Adopt a resolution approving an Easement Maintenance Agreement with Murano Homeowners Association, 7308 and 7310 Rainbow Drive, Resolution No. 04-324. 9. Adopt a resolution approving the Parcel map and improvement plans for Lands of Moxley, Moxley Properties-Cupertino, a California Limited Partnership, 21949 Lindy Lane, APN 356-25-016, Resolution No. 04-325. 10. Adopt a resolution authorizing execution of a Cooperative Agreement with the City of Sunnyvale for funding of the Mary Avenue Pedestrian Bridge, Resolution No.04-326. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Adopt a resolution accepting Payroll for May 21, Resolution No. 04-322. The speaker for this item indicated he wished to address the Emergency Response fee report instead. Lowenthal/Sandoval moved and seconded to approve the item as presented. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARINGS II. Consider an appeal of the Planning Commission's denial of the use permit (U-2003-12), to install a 55-foot tall personal wireless service facility, consisting of six, 4.25 feet tall panel antennas mounted on an artificial tree pole and associated base equipment at an June 7, 2004 Cupertino City Council Page 4 existing shopping center, Cingular Wireless, 10881 S. Blaney Ave., APN 369-34-052. (The appellant has withdrawn the appeal). The City Clerk explained that the public hearing had already been advertised before the applicant withdrew the appeal. Mayor James opened the public hearing at 7:30 p.m. There were no speakers, so the public hearing was closed and the item tabled. 12. Consider approving Application No.(s) ASA-2004-05, U-2004-04, EXC-2004-03, EA- 2004-05; Stevens Creek Office Center Associates (Good Earth Restaurant); 20807 Stevens Creek Boulevard; APN 326-32-051: Chuck Marsh spoke on behalf of the applicant, and said they were hoping to sign leases with Peet's Coffee and Tea and Panera Breads. He said the applicant wanted to emphasize the streetscape value of Stevens Creek Boulevard, but also wished to have an entrance for pedestrians from the parking area in the back. He said that the average setback of the building was over 36 feet from the street. They had originally designed a rectangular footprint, but it was not as attractive, so two architectural elements were moved forward slightly to create a courtyard and to lessen the impact on diners by the busy traffic on the boulevard. He said the current owner of the Bombay Oven might be interested in redeveloping the area and arranging for parking easements. He explained that it was important to keep the project moving forward so that they did not lose these tenants, because Panera Bread had a deadline to open the store before the end of the year. Kevin Jones, architect for the project, said that they were not meeting the exact setback guidelines in the Heart of the City Specific Plan, they were meeting the intent of the plan creating a quality experience for pedestrians. He said that this floor plan would meet the needs of both tenants, to have the separate identities and entrances, and would activate the streetscape along Stevens Creek Boulevard. He explained that although one portion of the building does not meet the setback guidelines, the main portion of the building is 40 feet back from the street. He said that parking limitations and the desire to provide a second entrance from the rear parking lot meant that they could not move the building footprint back 5 feet. Jones also answered questions from Council regarding parking layout, seating arrangements, and entrances for both buildings. The Council members concurred that there should be a written parking agreement, that off-street parking should be eliminated; that the landscaping plan should be reviewed by the Design Review Committee, and they discussed whether an exception should be allowed for the building setback. Sandoval also asked for prominent recycling bins and more foliage in the courtyard. Lowenthal/Sandoval moved and seconded to grant a Negative Declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Sandoval moved and seconded to approve the architectural and site review for a new 7, I 00 square foot, one-story retail building and site improvement, with the following conditions: There shall be a written parking agreement between the Stevens Creek Office Center Association and the subject property site (Good Earth); the June 7, 2004 Cupertino City Council Page 5 landscaping plans will be reviewed by the Design Review Committee; and on-street parking will not be part of the original plan. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Sandoval moved and seconded to approve a use permit to demolish an existing, vacant restaurant and construct a 7,100 square foot, single-story retail building and site improvements. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Sandoval moved and seconded to approve an exception to the front setback as required by the Heart of the City Specific Plan. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Mayor James reordered the agenda to discuss item 13b next. 13. 2004-05 budget: b) Consider the 2004-05 budget City Manager David Knapp highlighted his budget message. Administrative Services Director Carol Atwood reviewed the discussions held at the previous budget study session, the staff report for this item that was delivered to Council under separate cover, and a PowerPoint slide show which listed budget projections for 03-04 and 04-05, General Fund trends, changes in programs, projected reserves, and the proposals made by the State of California to repay monies taken from the cities and counties, as well as info on the 911 access fee and the Capital Improvement Program budget. She said that Revenue was down about $4.4 million, due in part to low interest rates and State raids on local agencies. She said that operating costs were up, including the cost of the employee and Sheriffs Office retirement systems. She said that forecasts show the city's net operating activity after debt payments is a shortfall of $3.3 to $3.5 million per year in future years. Danh Trang, chairman of the Teen Commission, asked that Council not reduce the hours at the Teen Center because so many students don't have computers at home and rely on the Teen Center Internet access to do their homework. The following people spoke regarding the Toyokawa Sister City's Cherry Blossom Festival and the educational opportunities created by the student exchange program, and asked that Council not cut support for the festival: Lucille Honig, Scofield Drive Maureen Medeiros, a teacher at Portal School Kimiko Yama, Adriana Avenue Jeanette Yama, Adriana Avenue Talia Lawson, Robindell Way, speaking on behalf of several students Diya Malani, Mackenzie Drive (comment card read by Public Information Officer) June 7, 2004 Cupertino City Council Page 6 Phyllis Vogel, Assistant Superintendent of Cupertino Union School District (submitted a letter dated May 25, 2004) The following people spoke in favor of the neighborhood block leader program and CERT (Cupertino Emergency Response Training), stating that the programs increase public safety and building community, and improving communications between and among neighbors and the city. Tom Dyer, Almaden Avenue Howard Trudeau, Merritt Drive Andrew Hall Fari Aberg (comment card read by Public Information Officer) Hilary Farkass (comment card read by Public Information Officer) The following people spoke or submitted written comments asking that Council not cut hours at the Senior Center, and requesting that the vacant case manager position be filled: Frank Yap, Firethorne Drive Christine Kennedy Pierce, Gardenview Lane Written comments from Misao Sekine, Sue Allen, a resident on Cascade Drive, M. J. Rempel, a resident on Erin Way, and Ellen Lee -- The following people urged continued funding for public access programming, because it is an excellent forum for expressing views and promoting democracy and free speech, as well as providing access to the arts, which can enhance retail sales. One comment was that the city's franchise agreement is very lucrative and the producers should not be cut out of the benefits. LT. Guttadauro, chairman of the Telecommunications Commission Hema Kundargi, Santa Teresa (comment card read by Public Information Officer) Ron Moore Ann Shirkey, Stanford Place Doug Broomfield, Executive Director ofKMVT Keith Stattenfield, Garden Ct. Santa Clara Billie Atwood (written comment) Jody Hansen, Chief Executive Officer of the Chamber of Commerce, and Orrin Mahoney, Miramonte Road, spoke in favor of continued support for community festivals. Colleen Hudgen, representing Live Oak Senior Day Care Services, thanked the Council for their support of the program, and talked about the valuable service it provides for families. This item was continued to June 17 and for a second public hearing on June 21. Mayor James reordered the agenda to discuss item 15 next. June 7, 2004 Cupertino City Council Page 7 NEW BUSINESS 15. Consider objections to proposed removal ofbrush and order abatement of public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 04-302, Resolution No. 04-328. The City Clerk said that Council had adopted Resolution 04-302 to declare the growth of brush on private properties to be a public nuisance. The purpose of this hearing was to accept any protests, and then adopt a resolution ordering the Fire Marshal to proceed with the nuisance abatement on eight properties. Deputy Fire Marshal Melanie Chase was present to answer any questions. There were no speakers. SandovallKwok moved and seconded to adopt Resolution No. 04-328 with an amendment to remove references to chemical spraying Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARINGS Mayor James reordered the agenda to discuss item 14 next. 14. Consider adopting a resolution establishing an Emergency Communication Response Fee (9-1-1), Resolution No. 04-327, and conduct the first reading of Ordinance No. 1937: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 to the Cupertino Municipal Code Pertaining to 9-1-1 Emergency Communication System Response Fee." (This item was continued from April 19). Administrative Services Director Carol Atwood reviewed the staff report. Santa Clara County Sheriff Laurie Smith spoke in support of the fee, and said it could offset almost 90% of the communications costs that were now paid for out of the General Fund, totally $600,000 or more. She explained that whether the call was made to 911 or to the non-emergency center, the costs of providing communications were the same. She reminded residents who use cell phones that dialing 911 on a cell phone does not route the call to the local communications center, and they should call (408) 299-2311 instead to reach local dispatch in case of an emergency. Captain John Hirokawa said that there are 1100-1300 calls per month to the dispatch center from Cupertino for Sheriff services, and this does not include fire or medical calls. He said the Sheriffs Office bills the city by the hour, and the communications costs are built into that overhead cost. Leon Beauchman, representing SBC, said that there is a measure on the November ballot to collect money for emergency medical responses in the county, and it is not fair to put that or other 911 recovery fees on the telephone bills because it makes it more difficult for SBC to do business. He said there is already one such charge on the bill from the state, and if the measure passes in November, there would be two. He said that Cupertino's fees would be a third charge in this category and the taxes may eventually June 7, 2004 Cupertino City Council Page B exceed the cost of basic services. He noted that Santa Cruz, Watsonville and Union City have ongoing challenges to their 911 cost recovery charges. Mark Burns, read a letter from the Chamber of Commerce dated June 7, opposing the proposed ordinance because of the financial impact on businesses which are already dealing with serious economic hardships, because it is not a fee but a tax, and because it provides no improvement in emergency services but only shifts budgetary costs. Mike Foulkes, representing Apple Computer and also speaking as incoming President of the Chamber of Commerce, opposed the 911 recovery charges because it was unfair to business. He said on their trunk lines the cost of the fee would be more than the service, and it would mean that those who use hard-wired lines would bear the cost of adding cellular phone service to the emergency response system. He noted that Apple has its own police and HP has it's own medical team. He said that if a court should overturn these types of fees, the city would be overextended. He asked that the Council delay their decision and examine the situation more closely. Orrin Mahoney, Miramonte Road, said that this is a bad policy and would be bad for businesses, which are already struggling with the economic downturn. Jack Hubby, Lindy Place, said he was speaking as a private citizen. He said that the City should run itself as a business, and forget about raising fees but instead cut costs. When the economic situation improves, then things can be added back in. Richard Parr, Assistant General Counsel, SBC West, stated his opposition to the fee. He said it shifts responsibility for uncollectible fees to SBC by putting the duty of collection upon them, which is in violation of state law, and it provides no efficient means to administer billing disputes. Council discussion followed. Council members Lowenthal, Kwok, and Sandoval said they were inclined to support the issue, although reluctantly, and suggested a sunset period. Council members Kris Wang and Sandra James said they were opposed to the implementation of this fee. Kwok asked the City Manager to revisit the fee schedule, especially for non-residents, and to look at ways to cut expenditures and increase revenues in order to reduce the 9-1-1 charge. Kwok moved to continue the item to the next meeting. Lowenthal seconded, and the motion carried with Wang voting no. Mayor James reordered the agenda to discuss item 13a next. 13. 2004-05 budget: a) Consider the Fourth of July funding for July 2005 Council discussed whether to fully- or partially fund the Fourth of July fireworks in 2005, and whether to ask for community donations to help defray the cost by including that request for funding in this year's printed program. June 7, 2004 CupertIno City Council Page 9 Council concurred to make that decision in the 2005-2006 budget year, since there was no concrete support or specific individual who wished to spearhead the fundraising at this time. Orrin Mahoney said he had been the chairperson of the Fourth of July committee in past years, said that perhaps if the City did not adopt the 911 fee, which was opposed by several of the large companies in the city, perhaps those companies would help to fund the cost of the event in 2005. PLANNING APPLICATIONS - None UNFINISHED BUSINESS 16. Consider authorizing the City Manger to execute documents regarding the potential partial pre-payment of the City Attorney's housing loan. This item was continued to June 17. 17. Consider a Weekly Single-Stream Recycling program. This item was continued to June 17. 18. Direct staff to send a letter opposing SB 744 (Dunn) -land development, because it could preempt local land use authority by the California Department of Housing and Community Development. Lowenthal/Sandoval moved and seconded to authorize the Mayor to sign a letter to Senator Dunn in opposition to SB 744. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 19. Consider adopting a resolution authorizing the City Manager to sign a Core Natural Gas Sales and Aggregation agreement with Association of Bay Area Governments (ABAG) Power, Resolution No. 04-329. This item was continued to June 17. 20. Receive a report on additional sign for the new Cupertino Community Hall. This item was continued to June 17. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS - None June 7, 2004 Cupertino City Council Page 10 CLOSED SESSION - None ADJOURNMENT Mayor James directed that all remaining items on the agenda would be continued to Thursday, June 17. At 12:32 a.m. on Tuesday, June 8, the meeting was adjourned to Thursday, June 17, 2004, at 5:00 p.m. 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 Council/ 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.