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CC 06-21-05 · CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 21, 2005 ROLL CALL At 6:00 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. City Council members present: Mayor Patrick Kwok, and Council members Sandra James (6:07), Dolly Sandoval, and Kris Wang. Council members absent: Vice-Mayor Richard Lowenthal. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp and Carol Atwood concerning labor negotiations with Cupertino City Employee's Association, and Unrepresented Management and Confidential Employees. (No documentation in packet). At 6:07 p.m. Council went into closed session. At 6:50 p.m. Council reconvened in open session, and Assistant City Attorney Eileen Murray announced that Council had met in closed session and no action was taken. PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Kwok called the meeting to order and led the Pledge of Allegiance. CEREMONIAL MATTERS - PRESENTATIONS 2. Presentation of resolution in recognition of Monta Vista High School being rated the fifty-seventh best high school in the nation. (No documentation in packet). Mr. Brad Matheany, Assistant Principal, accepted the resolution on behalf of Monta Vista High School. 3. Presentation of resolution in recognition of the Fremont Union High School District (FUHSD) for having two high schools ranked among the best in the nation. (No documentation in packet). June 21,2005 Cupertino City Council Page 2 Mr. Bruce Shimizu, Director of Student and Community Services, accepted the resolution on behalf of the Fremont Union High School District. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Council members received a copy of an email dated June 21, 2005 ITom Nataraj and Nagamani regarding item l4(a), Mary Avenue Footbridge and a revised Resolution No. 05-109. ORAL COMMUNICATIONS - None CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 8, which was pulled for discussion. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 4. Approve the minutes ITom the June 2 and 7 City Council meetings. 5. Adopt resolutions accepting Accounts Pavable for May 27, June 3, and June 10, Resolution Nos. 05-096 through 05-098. 6. Adopt a resolution accepting Payroll for June 3, Resolution No. 05-099. 7. Adopt a resolution setting a hearing date of July 19 to provide for lien assessments and collection resulting ITom abatement of a public nuisance (brush and weeds), resolution No. 05-100. 9. Adopt a resolution approving a Grant of Easement, sidewalk, for William A. Cooper, Trustee and Sandra A. Cooper, Trustee, of the Cooper Family Trust dated January 15, 1990, 1505 South De Anza Boulevard, APN 366-10-121, Resolution No. 05-101. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Approve two admission fee waiver requests at Blackberry Farm for annual fundraisers: a) Cupertino Host Lions Club Charities Foundation, Inc. - 34th Annual Chicken, Corn and Sausage Feed on August 20, 2005 b) Cupertino Community Services - 21st Annual Auction and BBQ on September 10, 2005 Council members highlighted these community events, encouraged the public to attend, and thanked the volunteers who make the events possible. June 21, 2005 Cupertino City Council Page 3 Wang/James moved and seconded to approve the two fee waiver requests. The motion carried with Vice-Mayor Lowenthal absent. Mayor Kwok re-ordered the agenda to discuss item No. 15 next. NEW BUSINESS 15. Presentation on Countywide Green Business Program by Santa Clara County Integrated Waste Management Division. (No documentation in packet). Representatives ITom the Green Business Program said their goal is to encourage the use of environmentally sound business practices through positive incentives and assistance. Program elements include compliance with environmental regulations, plus specific measures associated with energy and water conservation, solid waste reduction and recycling, and pollution prevention. They also explained how their services can help businesses to save money, and said that this will be a countywide program with funds coming ITom the solid waste planning fee. Mayor Kwok noted that more infonnation is available at www.reducewaste.org. Council received the report. PUBLIC HEARINGS 10. Consider adopting a resolution for the annual renewal of fees for the Stonn Drainage Non-point Source Program for 2005-06, Resolution No. 05-102. At 7:15 p.m. Mayor Kwok opened the public hearing. There were no speakers and the public hearing was closed. Wang/Sandoval moved and seconded to adopt Resolution No. 05-102, approving the renewal and collection of the existing stonn drain fees at no increase in rates for fiscal year 2005-2006. The motion carried with Vice-Mayor Richard Lowenthal absent. 11. Receive public comments, discuss, and adopt the 2005-06 budget: a) Grant a negative declaration b) Adopt a resolution establishing an operating and capital budget for fiscal year 2005-06, Resolution No. 05-103 c) Adopt a resolution establishing an appropriation limit for fiscal year 2005-06, Resolution No. 05-104 June 21, 2005 Cupertino City Council Page 4 At 7:30 p.m., Mayor Kwok opened the public hearing. There were no speakers and the public hearing was closed. After a discussion of the Below-Market-Rent reserves, the City Council members agreed to defer any additional contributions to the trust until Cupertino had an affordable housing project in the works. James/Sandoval moved and seconded to grant a Negative Declaration. The motion carried with Vice-Mayor Richard Lowenthal absent. James/Sandoval moved and seconded to adopt Resolution No. 05-103 with an additional $60,000 to fund additional issues of the Scene ($5,000), Cupertino's 50th birthday party ($20,000), and rent decrease to the Blue Pheasant ($35,000). The motion carried with Vice-Mayor Richard Lowenthal absent. Administrative Services Director Carol Atwood said that the additional $60,000 would be funded ITom the janitorial contract savings that came in under budget. Council member Sandra James asked that the record reflect that she was opposed to the reduced rent for the Blue Pheasant, and had voted no in a closed session held on an earlier date. James/Sandoval moved and seconded to adopt Resolution No. 05-104. The motion carried with Vice-Mayor Richard Lowenthal absent. UNFINISHED BUSINESS - None NEW BUSINESS 12. Approve fiscal year 2005-06 terms and conditions of employment for the City Employee's Association and Unrepresented Management and Confidential Employees (Backup to be distributed at the meeting): a) Adopt a resolution amending the Memorandum of Understanding (MOU) between the City and the Cupertino City Employee's Association, Resolution No. 05-105 b) Adopt a resolution amending the compensation program for Unrepresented (Management and Confidential) employees, Resolution No. 05-106 c) Adopt a resolution fixing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act, for the City Employee's Association and Unrepresented Management and Confidential Employees Resolution No. 05-107 d) Adopt a resolution amending the Administrative Rules and Regulations of the Personnel Code, Resolution No. 05-108 June 21, 2005 Cupertino City Council Page 5 Council members received a copy of a staff report detailing these resolutions, and City Manager David Knapp reviewed a summary sheet explaining the changes to the MOU with the City Employee's Association. Sandoval/Wang moved and seconded to adopt Resolution Nos. 05-105 through 05-108. The motions carried with Vice-Mayor Richard Lowenthal absent. 13. Review bids and award of contract for Street Sweeping, Project No. 2005-06, to Don & Mike's Sweeping in the amount of $ 119,016.00, and approval of a contingency for emergency and additional sweeping of$ 10,000.00 for a total of$ 129,016.00. Sandoval/James moved and seconded to award the contract to Don and Mike's Sweeping. The motion carried with Vice-Mayor Lowenthal absent. 14. Mary Avenue Bicvcle Footbridge: a) Community Outreach and Progress Report b) Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No. 1 with Biggs-Cardosa Associates / HNTB, not to exceed $752,500 for design services related to Caltrans requirements, wind tunnel analyses, and Phase 1 and 2 contract administration during construction, Resolution No. 05-109 Council members received a copy of an email dated June 21, 2005 ITom Nataraj and Nagamani requesting mitigation measures to address security and privacy concerns. Public Works Director Ralph Qualls gave an update on the project status and recommended an amendment to the architect's contract. Jennifer Griffith, Cupertino resident, said she was glad to see a constructive use for the benn along Mary Avenue by Homestead High School. She asked about the bridge stability if all of the students were to be on the bridge at the same time. Qualls said that the bridge plans had been thoroughly evaluated and there is no danger of collapse ITom any load that could be placed upon it. James/Sandoval moved and seconded to receive the report and adopt Resolution No. 05- 109 authorizing the amendment to the design services contract. The motion carried with . Vice-Mayor Lowenthal absent. 15. Presentation on Countywide Green Business Program by Santa Clara County Integrated Waste Management Division. (No documentation in packet). Mayor Kwok re-ordered the agenda to hear this item immediately after the Consent Calendar. Council received the report. June 21, 2005 Cupertino City Council Page 6 ORDINANCES 16. Conduct the second 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." Wang/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, Sandoval, and Wang. Noes: None. Absent: Lowenthal. Wang/James moved and seconded to enact Ordinance No. 1964. Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. STAFF REPORTS 17. The next General Plan hearings are scheduled for. (No documentation in packet): The City Manager invited the public to attend the next hearings, which are scheduled for June 23 and June 28. Public Works Director Ralph Qualls gave an update on the delay in the budget adoption process at the Santa Clara Valley Water District. He said that at most of the district's budget might be delayed until August, but that would not affect the schedule of any City of Cupertino projects. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:25 p.m. the meeting was adjourned. ~--t( Kimberly Smit City Clerk For more infonnation: 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.cuvertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased ITom the Cupertino City Channel, 777-2364.