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CC 06-07-05 CUPEIQINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, June 7, 2005 ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members Dolly Sandoval, Kris Wang, and Sandra James. Council members absent: None. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), City of Cupertino vs. Ole Rasmussen. consultation with the City Attorney, the City Manager, and the Director of Parks and Recreation. (No documentation in packet) Council received an email message ITom Betsy Shafer asking that Council not try to get rid of the Blue Pheasant Restaurant. At 6:00 p.m., Council recessed to a closed session. At 6:59 p.m. Council reconvened in open session, and the City Attorney announced that no formal action had been taken. He said that the City Council had directed its representatives to meet with the mediator and negotiate as discussed in closed session. Council members Richard Lowenthal and Kris Wang were appointed as the representatives. PLEDGE OF ALLEGIANCE At 7:00 p.m., Mayor Kwok called the meeting to order in the Council Chamber of the Community Hall, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members Dolly Sandoval, Kris Wang, and Sandra James. Council members absent: None. June 7, 2005 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS 2. Proclamation recognizing Monta Vista High School's successful Walk/Bike to School Day. (No documentation in packet). Mayor Kwok presented the proclamation to representatives of the Monta Vista High School PTA, teachers, and the City of Cupertino Bicycle-Pedestrian Commission. POSTPONEMENTS - None WRITTEN COMMUNICATIONS The City Clerk noted that additional documents were distributed for item No. 12, the appeal by Gregg Bunker. ORAL COMMUNICATIONS Charlie Ahern, Miller Avenue, thanked the City Council for a number of things, including its support of the Leadership Cupertino, in which he participated and led to his joining the board of Social Advocates for Youth (SAY). He also thanked Council member Sandoval for her support on their fundraiser "Rivers of Chocolate', and he noted that SAY would be joining with EHC Lifebuilders. He also thanked Council for promoting walkability in the City and said he was one of the few who are privileged to be able to walk to work. He also thanked that Council for their support of Advocates for a Better Cupertino, which was providing information about the upcoming initiative measure election, and he invited the community to look at their web site at www.abettercupertino.org. He asked Council to appoint a task force to consider the environmental resources and sustainability portion of the General Plan. CONSENT CALENDAR Kwok/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item Nos. 7 and 8, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 3. Approve the minutes ITom the May 17 and 26 City Council meetings. 4. Adopt resolutions accepting Accounts Pavable for May 13 and 20, Resolution Nos. 05- 087 and 05-088. 5. Adopt a resolution accepting Payroll for May 20, Resolution No. 05-089. 6. Adopt a resolution to amend the provisions contained in Resolution No. 04-436 to more clearly specify information required by the Registrar of Voters related to the November 2005 election, Resolution No. 05-090. 9. Adopt a resolution approving a Tax EQuitv Allocation (TEA), Resolution No. 05-093. June 7, 2005 Cupertino City Council Page 3 10. Approve the Community Special Events policy at the Civic Center Plaza. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 7. Adopt a resolution in recognition of Monta Vista High School being rated the fifty- seventh best high school in the nation, Resolution No. 05-091. 8. Adopt a resolution in recognition of the Fremont Union High School District (FUHSD) for having two high schools ranked among the best in the nation, Resolution No. 05-092. Mayor K wok said that he wanted to call special attention to these two awards, and said that the survey conducted by Newsweek Magazine was conducted on more that 27,000 schools, and Monta Vista High School and the high school district were to be commended on their excellence. Lowenthal/James moved and seconded to adopt resolution Nos. 05-091 and 05-092. The motion carried by the following vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. PUBLIC HEARINGS 11. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 05-083, Resolution No. 05-094. At 7:20 p.m., Mayor Kwok opened the public hearing. There were no speakers, and the public hearing was closed. SandovallKwok moved and seconded to adopt Resolution No. 05-094. The motion carried unanimously. Mayor Kwok reordered the agenda to discuss item No. 13 next. 13. Conduct the 2005/06 Budget hearing. City Manager David Knapp discussed the status of the City's reserve policy, and Administrative Services Director Carol Atwood highlighted the draft budget document that had been discussed in detail at the Council meeting of June 2. Her review included fund balance trends for the General Fund, special revenue funds, debt service funds, capital project funds, enterprise funds, and internal service funds. She also reviewed revenue estimates and departmental expenditure budgets. Council received a handout listing the Human Service Grant funding recommendations. Public Works Director Ralph Qualls highlighted the capital improvement program budgets, which totaled $12.1 million, but grants have been received totaling $9.2 million. June 7, 2005 Cupertino City Council Page 4 At 8:15 p.m., Mayor Kwok opened the public hearing. There were no speakers, and this hearing was continued to the next meeting. Administrative Services Director Carol Atwood listed the changes that the Council had requested. These included (1) Adding the General Fund trend dollar amounts at the 1999- 2000 level to facilitate comparison to this budget; (2) Fund the Cupertino Scene for a total of 10 issues; (3) Provide details about the CDBG; and (4) In the budget overview, include a list of reductions and cuts made last year which are continuing on into this budget year. 12. Consider an appeal of the Planning Commission's approval of Application No. M-2005- 01 to modify a condition of approval that requires providing additional parking stalls on the adjacent property for Use Permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building). The applicant is Gregg Bunker. The project is located at 1375 South De Anza Boulevard, APN 366-19-071. An additional packet of correspondence was distributed to the Council after the packet was delivered. The correspondence was between Assistant City Attorney Eileen Murray, City Attorney Charles Kilian, Mr. Christopher Biorn, Mr. John Golden, Mr. David Prince, Mr. Gregg Bunker, and Mr. Bert Viskovich. Mayor Patrick Kwok explained that he would recuse himself ITom this item because he had had dealings with Mr. Bunker while employed by the City of San Jose, and although there was no conflict of interest, he would recuse himself on the advice of the Cupertino City Attorney. At 8:20 p.m. Mayor Kwok was absent. Staff reviewed the history behind the appeal. At 8:20 p.m., Acting Mayor Lowenthal opened the public hearing. Chris Biorn, the attorney representing the applicant, was in favor of the appeal, which would allow the parties to continue with their private dispute. David Prince, also representing Mr. Bunker, reviewed the history of the condition and the Planning Commission's action. Gregg Bunker, property owner and applicant, asked for approval of the appeal. He said that the easements were created at request of City and if the Council does not approve his project now, he felt it would be a breach of his development agreement with the city. John Golden, representing the Yamagami Trust, was opposed to the appeal, and referred to a letter given to the Council just prior to the meeting. Lawrence Russell, Trust Officer for the Yamagami Trust, was opposed to the appeal. June 7, 2005 Cupertino City Council Page 5 Barry Behr, a resident of Los Altos was opposed to the appeal. He also asked if Mr. Bunker had gotten permits for the lockable fence, since it may pose a barrier to public safety vehicles. Preston Oka, owner/operator ofYamagami's Nursery, was opposed to the appeal because of the impacts on parking, staging area, and retail square footage for the nursery. Gerry Houlihan, representing Preston Oka, was opposed to the appeal, and said if the Council upheld the appeal, they would be in effect approving this project without mitigating the damages recognized by the Planning Commission. Sally Carpenter, owner of Bobbi's Coffee Shop, was opposed to the appeal because ofthe negative impact it would have on her business. Tom Sloan, project architect, said the 20 spaces were added for the construction phase. He said that the project does stand alone, and meets the parking and zoning requirements. Leo Goria, Vice President of Operations for Summerwinds Nursery, asked the City Council to consider the parking situation in the entire area both during and after construction, because overflow parking may impact his business and Wendy's. The City Attorney said that one of the findings that had to be made when the use permit was issued for construction of the building was that the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety and welfare. He said that this project might potentially affect an easement that may be owned by the Yamagami Trust and may encroach upon the building site. He recommended that no building permit be issued on the rear site unless the applicant either (I) Has an agreement with the neighboring property owner regarding the location of the easements, or (2) Provide the City a judgment ITom a court saying there is no easement in favor of the neighboring property on that back parcel, or (3) Presents the city with a written policy of title insurance by a reputable title company in an amount determined by the City Attorney to be adequate to insure the city that there is no such easement. James/Kris moved and seconded to deny the appeal and modify the conditions of approval as recommended by the City Attorney. The motion carried unanimously, with Mayor Kwok absent. UNFINISHED BUSINESS - None June 7, 2005 Cupertino City Council Page 6 NEW BUSINESS 14. Reyiew bids and award contract: a) Contractual Janitorial Services, Project No. 2005-05 to Total Quality Maintenance in the amount of$303,352.00 per year Council discussed the potential that the bidder may not be able to appropriately fulfill the contract because of his error in preparing the financial information in the bid. James/Lowenthal moved and seconded to award the contract for Janitorial Services to Total Quality Maintenance. The motion carried, with Council member Sandoval voting no. b) Poppv Way Improvements installation, Project No. 2005-03 to Sposeto Engineering in the amount of $69,691.00, and approve a construction contingency of $1 0,000.00 to cover any unforeseen work required to complete the project, for a total of $79,691.00 Larry Stovall spoke in favor of this award and asked the Council to move promptly to address the parking situation, which has been a problem for 8 months. James/Kwok moved and seconded to award the Poppy Way Improvements installation to Sposeto Engineering. The motion carried unanimously. 15. Adopt a resolution replacing Resolution No. 04-405 and changing the wording regarding the Teen Commission composition, Resolution No. 05-095. Lowenthal/Sandoval moved and seconded to adopt resolution No. 05-095, to amend Paragraph F to read "If no applicant is appointed ITom one of the 5 public schools in Cupertino, Council may choose to re-advertise for a subsequent appointment process, fill the vacancy with any other applicant, or leave the seat vacant." The motion carried unanimously. 16. Adopt an ordinance changing the regular meeting schedule ITom once a month to every other month for the Bicycle Pedestrian Commission, the Public Safety Commission, the Fine Arts Commission, and the Library Commission. Conduct the first reading of Ordinance No. 1964: "An Ordinance of the City of Cupertino Amending Sections of the Cupertino Municipal Code Regarding the Regular Meeting Dates of Advisory Commissions." The City Clerk read the title of Ordinance No. 1964. Wang/James moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried unanimously. June 7, 2005 Cupertino City Council Page 7 ORDINANCES 17. Conduct the second reading of Ordinance No. 1963: "An Ordinance of the City Council of the City of Cupertino Amending Chapter Sections 9.06.110 B3 and 9.06.120 of the Cupertino Municipal Code relating to Massage Establishments and Services." Kwok/James 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 Kwok/James moved and seconded to enact Ordinance No. 1963. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. STAFF REPORTS 17. The next General Plan hearing is scheduled for Sunday, June 12,2005, at 1 :00 p.m. in the Cupertino Community Hall Council Chambers. (No documentation in packet). City Manager David Knapp invited the public to attend. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:10 p.m. the meeting was adjourned to Thursday, 4:00 p.m. for a closed session to discuss the Blue Pheasant Restaurant lawsuit mediation hearing. / ¿;1~k~~ Kimberly Smith, City 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 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 ITom 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.