Loading...
CC 10-18-04 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, October 18, 2004 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, 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, Web Specialist Nidhi Mathur, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation from The Health Trust regarding flu vaccinations in Santa Clara County. Cynthia York from the Health Trust of Santa Clara County gave an update on the status of flu vaccinations in Santa Clara County. She distributed a brochure giving information about the Health Trust. 2. Presentation from former Teen Commissioner Danh Trang regarding a disabilities conference he attended in Washington DC. Mayor James introduced Danh Trang and congratulated him on being selected to the governing board of the National Youth Leadership Network. Trang gave a PowerPoint presentation on the National Youth Leadership Network (NYLN) conference. The organization is a youth-led organization that strives to make youth with disabilities self- sufficient. He gave the website address as www.nyln.org. Item number 3 was taken up after oral communications. October 18, 2004 Cupertino City Council Page 2 Emergency Preparedness Coordinator Marsha Hovey reported on the October 14 disaster drill that was held as party of countywide exercise for the 15th anniversary of the Lorna Prieta earthquake. She asked for more volunteers from the community to be part of Cupertino's disaster response. POSTPONEMENTS City Clerk Kimberly Smith noted that item number 15 was postponed to November 1. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith noted a handout on the draft Field Use Policy for item number 8. ORAL COMMUNICATIONS Julia Miyakawa, board member of the Cupertino Tournament of Bands (TOB), expressed concern over the increase in fees for their event. She said that other community events such as Oktoberfest and the Cherry Blossom Festival received fee waivers. Margaret (Peggy) Griffin, TOB Volunteer Coordinator and Cupertino High School Band Booster President, talked about the cost involved in holding the Tournament of Bands event and asked for a fee waiver. Lowenthal asked for staff to provide a fairness analysis of what the TOB is paying versus what other events are paying. James said that the City is now charging back any out-of-pocket expense back to the event coordinators. Mary Souza, Chair of the Social Justice Outreach Commission at St. Jude the Apostle Episcopal Church, invited the community to a meeting at St. Jude's on Sunday, October 24 from 9-12:30, to greet representatives of 20 non-profit agencies. Barbara Rogers discussed the history of mayoral succession in Cupertino, and distributed a printed history. She said that Council is responsible for the election of its officers, and with 3 exceptions, the succession in Cupertino has been based on seniority and the number of votes received in the election. Edward (Ned) Britt said that at the last meeting Council member Sandoval had told the Concerned Citizens of Cupertino (CCC) that they should have turned in their petitions with 10% signatures to qualify for the November 2004 ballot. He said that the November 2004 election is a statewide election, without municipal issues, and 10% qualifying petitions would have gone on the municipal election in November 2005, so they continued to collect signatures up to 15%, which allows the Council to call for a special election or adopt the measures without an election. He suggested Election Code 4004, which allows cities to hold elections by mail, and urged Council to hold the election as soon as possible or to consider the mail-in ballot. City Attorney Charles Kilian clarified that mail ballots can only be used in the context of filling a Council vacancy, and that law did not apply to elections on measures. October 18, 2004 Cupertino City Council Page 3 Rusty Britt said that the CCC wants sensible growth in Cupertino and announced community meetings with the CCC on October 21 and October 27. Mayor James took up item number 3 next. 3. Presentation to the Parks and Recreation Director of two Helen Putnam Awards, including the Grand Prize in the category of Internal Administration for the Balance or Bust Board Game, and the Award of Excellence in the category of Planning and Environmental Quality for the Stevens Creek Corridor, awarded by the League of California Cities. Rebecca Elliott, representing the League of California Cities, said the jury selected Cupertino's "Balance or Bust" board game as the Helen Putnam Award of Excellence grand prize, and "Stevens Creek Corridor, What's Your Vision?" in the category of Planning and Environmental Quality. Elliot presented Mayor James with the awards. Parks and Recreation Director Therese Smith thanked her Administrative Assistant Marie Miller and other staff as well as the participants. Rebecca Elliott also urged a yes vote Proposition lA, which protect local government from any further raids on their revenues by the State. 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. 4. Approve the minutes from the October 4 City Council meeting. 5. Adopt resolutions accepting Accounts Payable for October 1 and 8, Resolution Nos. 04- 420 and 04-421. 6. Adopt a resolution accepting Payroll for October 8, Resolution No. 04-422. 7. Adopt a resolution approving the destruction of records from the Finance and Planning Departments, Resolution No. 04-423. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS - None PLANNING APPLICATIONS - None October 18, 2004 Cupertino City Council Page 4 UNFINISHED BUSINESS 8. Adopt the revised Field Use Policy recommended by City Council subcommittee. Parks and Recreation Director Therese Smith gave a PowerPoint presentation regarding the background of the policy, and explained how the draft policy differs ITom the existing policy. Rob Wells, President of Cupertino National Little League, thanked the staff for working so hard on behalf of the kids, and said he supports the policy. Jeff Heer, President of De Anza Youth Soccer League, apologized that their group had been under the 51 % residency requirement, and said there was no intent to deceive anyone. He said they are committed to meeting the requirement and discussed the approaches that are being taken to do so. He said the League supports the policy presented by staff. Lowenthal/Sandoval moved and seconded to adopt the Field Use Policy with an amendment to the language on paragraph 3, page 8-5 to read as follows: "An organization providing a unique recreational opportunity, such as one serving special needs youth, may be assigned a special priority status following review of their offering by the Parks and Recreation Commission and approval by the City Council, including use of fields on Sunday." Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 9. Approve the General Plan hearing schedule. Community Development Director Steve Piasecki reviewed the staff report. Council members discussed ways to notice the General Plan hearings, including: · Provide signup pages (paper or computer) at community meetings, and include an email category as an option · Encourage written input throughout the process · Announce the hearings at Council meetings; list them on the agendas and the City Channel · Send postcard reminders citywide, not just to affected property owners, prior to Planning Commission and Council meetings · Send notices to Tsing Tao Daily and World Journal · Include the topic in the Cupertino Scene each month and in all city newsletters · Start meetings at 6:00 p.m. or later. Web Specialist Nidhi Mathur noted that staff would be implementing a computer list serve signup in the next few weeks. October 18,2004 Cupertino City Council Page 5 Lowenthal/Sandoval moved and seconded to accept the General Plan hearing schedule as follows, including the above noticing suggestions. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None: · October 26 - Planning commission - Overview of General Plan Documents · Planning Commission Community Meetings 7-9 p.m. o November IS, Senior Center (for residents west of Highway 85) o December 6, Community Hall (for residents east of Highway 85) o Meetings are open to all persons; west and east divisions are flexible and are meant to help focus geographical issues unique to these areas o City Council will be invited as observers · Planning Commission Public Hearings o January 11 - Land Use - Development Allocation I o January 25 - Land Use - development Allocation II (with Housing Commission and Fine Arts Commission) o February 8 - Land Use - Remaining Land Use issues, including General Plan Changes for specific properties o February 22 - Circulation with Bicycle Pedestrian Commission o March 8 - Environmental Resources, Health and Safety (with Public Safety Commission) o March 22 - Preliminary amendments to Task Force Draft and Draft Environmental Impact Report o April 26 - Recommend approval of Draft General Plan and Draft Environmental Impact Report to City Council members highlighted the activities of their committees and various community events. · City Council Public Hearings o May 17 - First hearing o June 7 - Second hearing o June 21 - Approve Final General Plan and Environmental Impact Report NEW BUSINESS 10. Approve the taxicab rate for Jorawar Singh from Orange Cab Co. Lowenthal/Wang moved and seconded to approve the taxicab rate. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 11. Adopt a resolution authorizing the Human Resources Manager to sign an application and agreement with the California Public Employees' Retirement System to amend Medicare coverage, Resolution No. 04-424. KwoklLowenthal moved and seconded to adopt Resolution No. 04-424. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. October 1 g, 2004 Cupertino City Council Page 6 12. Receive an update on the potential purchase/operation of the Blue Pheasant by Ray Shafazand, and set a public hearing for a General Plan Amendment (GP A) and zoning change on a portion of City property on Stevens Creek Boulevard, specifically the Blue Pheasant Restaurant and appurtenant parking ITom the General Plan designation of Public ParklRecreation, to Planned Commercial (or another zone as deemed appropriate by the City Council). Parks and Recreation Director Therese Smith reviewed the staff report and explained that the Council had previously authorized a public hearing in April 2003 for a GP A and zoning change for the current owners, but that the applicant had never followed through. City Attorney Charles Kilian explained the litigation against the current owners for breaking their lease. He said that Council could still proceed with this application because the issues are different. Kilian said that in order for the lease assignment to be valid, several things must happen; 1) Change both the General Plan and the zoning district; 2) Issue a use permit allowing the restaurant to be open until 2:00 a.m.; 3) Council must accept the assignment of the lease; 4) Re-negotiate the lease, including rent. Applicant Ray Shafazand said he currently owns a restaurant/lounge/nightclub in San Pedro Square in San Jose, one in escrow in Palo Alto, one in escrow in Burlingame, and one in San Mateo that just closed escrow. He highlighted his business plan for the restaurant, including parking issues, security, cover charge, menu, and entertainment. He said that once the process is approved, he would speak to the neighbors and address any of their concerns. Kilian said that under the current amendment procedures, the Council initiates the process by setting a date for a public hearing. James suggested that at the Council goals update session they consider changing the process so applicants would go directly to the Planning Commission for a public hearing, because the current process is confusing to the public. Tom Maiello, Phar Lap Drive, said he is a member of the Oakdale Ranch Homeowner's Association, and said he was opposed to the project. He listed his concerns about insufficient parking; overflow parking onto Phar Lap and adjacent cul-de-sacs, noise, and the appropriateness of operating a restaurant/night club in a residential area. Albrecht Schoy, Phar Lap Drive, said that the parking continues to be an issue around his house because the permit parking stops at the corner. He said that he received a flyer on his door about the meeting the day before, and that it wasn't enough notice. James responded that everyone would be noticed about the public hearing if Council approved the initiation process tonight, and that Council has recommended that the applicant meet with the neighbors. October 18, 2004 Cupertino City Council Page 7 Bill Kuncz, Phar Lap Drive, said that the Blue Pheasant has been an asset to the neighborhood, and he was in favor of Council approving the initiation process for the public hearing. He said he liked the idea of a paid valet. Council discussion followed. Richard Lowenthal referred to recent rumors about the project and said that the Blue Pheasant would not become a Teen Center; the City doesn't intend to sell the property; and the City didn't try to force out the current leaseholder, but actually renewed the lease for 5 years with a 5-year extension. Council members also said that the city should work with the business owner to be sure the local ordinances are followed; neighborhood concerns should be addressed before beginning the hearing process; and expand any notices to include the entire neighborhood. Patrick Kwok said he wanted to maintain the suburban character of Cupertino and not allow the business to stay open until 2:00 a.m. He preferred that the hearings be combined with the General Plan public hearings, but would reluctantly go along with the majority of the Council if it decided to move forward with the hearings on this item. Steve Piasecki explained that the applicant would need to first meet with the neighbors, probably for several months, before coming to a hearing before the Planning Commission. Lowenthal/Sandoval moved and seconded to authorize a set of public hearings on a zoning change and General Plan Amendment for the Blue Pheasant. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 13. Set a public hearing for a General Plan Amendment for a city-owned parcel on Stevens Creek Boulevard, specifically the Stocklmeir property, ITom General Plan designation of AgricuiturallResidential to Public Park/Recreation. Parks and Recreation Director Therese Smith reviewed the staff report. Kwok/Sandoval moved and seconded to set a public hearing for a General Plan Amendment on the Stocklmeir property. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Piasecki responded that a General Plan Amendment/rezoning process takes about 4-5 months to complete, and that the hearings could possibly begin in December. 14. Adopt a resolution approving the final map for Phase III of the Civic Park development, Resolution No. 04-425. Lowenthal/Wang moved and seconded to adopt Resolution No. 04-425. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. October 18, 2004 Cupertino City Council Page 8 15. Adopt a resolution approving a semi-rural designation to eliminate the requirement for street lights on Willowbrook Way pursuant to Ordinance No. 1925, Resolution No. 04- 426. This item was postponed to November 1. 16. Adopt a resolution regarding the Santa Clara Valley District Watershed Protection Collaborative, Resolution No. 04-427: a) Authorize the City Manager to negotiate and execute a reimbursement agreement with the Santa Clara Valley Water District in the amount of $465,930.00 for the District to fund the efforts of the Watershed Protection Collaborative b) Authorize the Director of Public Works to negotiate and execute an agreement in an amount not to exceed $465,930.00 with CONCUR, Inc for the administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District Public Works Director Ralph Qualls reviewed the staff report. Kwok/Lowenthal moved and seconded to adopt Resolution No. 04-427. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ORDINANCES STAFF REPORTS 17. Report on Tilson Avenue. Public Works Director Ralph Qualls reviewed a slide show of Tilson Avenue photographs. He listed the following conditions: The property is owned by the high school district and is not needed by the City for any purpose; sidewalks are completed on the improved side of the street where all the homes are; the north side is not a Safe Routes to School and was not part of the grant funding program; the cost to improve the other half of the street would be $500,000 as a stand-alone project and the street-paving funds are committed to the City's Pavement Management Program for streets throughout the City; and nuisance issues reported are the responsibility of the District. He said staff recommends nothing that the City should be doing in the way of expense or activity. He suggested settling the issue at the district level. Council received the report, and directed staff to prepare a formal letter from the City Manager to the Superintendent regarding problems on Tilson Avenue. October 18,2004 Cupertino City Council Page 9 18. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood distributed a handout regarding general fund revenue and expenditure trends, which compared the cash basis from last year to this year through September 30, 2004. Council received the report. Public Works Director Ralph Qualls reminded everyone that this would be the last meeting in the City Hall Council Chambers, and that the November 1 meeting would be in the new Council Chamber in the Community Hall. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events including the following: The grand opening events for the Library and Community Hall and the local restaurants that will be donating food; the domestic violence walk-a-thon on Speak Up and Save Lives; the Self-Help walk-a-thon for the elderly; the St. Joseph Cupertino School Talent Contest; the new Elephant Bar opening; Oktoberfest; that Santa Clara Library ranked number one in the nation in libraries of its size for service quality and cost effectiveness, even with staff reductions because of funding cuts; a new ATM machine in the Cupertino Post Office; the first Northern California Cricket Tournament; the Diwali Festival; the Silicon Valley Manufacturing Projections 2005 hearing on housing; congratulations to 16 Cupertino residents who graduated from the CERT program; the Indian Cultural event at Flint Center; and a town hall meeting with Governor Schwarzenegger. CLOSED SESSION 19. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 regarding the De Anza Cupertino Aquatics (DACA) lease. (No documentation in packet). At 11 :08 p.m. the Council recessed to a closed session. At 11 :30 p.m. it reconvened in open session, and the City Attorney announced that no action had been taken. October 18, 2004 Cupertino City Council Page 10 ADJOURNMENT At 11:30 p.m. the meeting was adjourned to Monday, November 1 at 5:30 p.m. for Telecommunications Commission interviews, Conference Room A, 10300 Torre Avenue, Cupertino. 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.