Loading...
CC 01-07-02CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday January 7, 2002 PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Lowenthal 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 Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, Senior Planner Aarti Shrivastava, Code Enforcement Office Gary Kornahrens, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS David Erck, 10728 Maxine Avenue, presented a written argument against road bumps to be placed on Maxine Avenue and asked Council for action at a later date. CONSENT CALENDAR James/Kwok moved to approve items 1-5 on the Consent Calendar as recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 1. Approval of minutes: December 3, 4, and 17. 2. Accounts Payable: December 14, 21, and 28, Resolution Nos. 02-001 through 02-003. 3. Payroll: December 21 and January 4, Resolution Nos. 02-004 and 02-005. January 7, 2002 Cupertino City Council Page 2 Extend the participation of the City of Cupertino in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA), Resolution No. 02-006. Acceptance of improvements (may include grading, street improvements on site and off- site improvements): Thinh H. and Ruby T. Nguyen, 10325 Orange Avenue, APN 357- 15-060. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) The following items were pulled from the Consent Calendar for brief discussion, then voted upon individually: Reallocation of Senior Civil Engineer to Assistant Public Works Director (a) Approval of Assistant Public Works Director position (b) Resolution No. 02-007: Amending Resolution No. 00-185, Policy No. 4 to add auto allowance to new classification of Assistant Public Works Director James/Chang moved to approve the change and adopt Resolution 02-007. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Award of a contract to Republic Electric in the amount of $89,350 and an approximate contingency amount not to exceed $10,000 for signal modifications at Blaney and Stevens Creek. Kwok/Chang moved to award the contract in the amount recommended by staff. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 8. Accept girl from Apple Computer and authorize the Mayor to send a thank you letter. James/Sandoval moved to accept the gift and authorize the letter. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARINGS Appeal of Planning Commission denial of Application 09-U-01, regarding a use permit requesting the continued use of a shopping center parking lot for car storage at 10071 S. Blaney Avenue (APN 369-03-014). The applicant Gary Schmidt filed the appeal. (Continued fi-om December 3). Council member Kwok abstained from participation because he was a member of the Planning Commission when this request was considered. January 7, 2002 Cupertino City Council Page 10. 11. Applicant Gary Schmidt, 9000 Montrose Highway, Reno, Nevada, provided a handout that included the following: · Application forms from 1999 and 1997 requesting an extension of the use · Planning Commission Res. 6064 from Nov. 27, 2000, approving a one-year extension for automobile storage; · An excerpt of the Planning Commission minutes of Nov. 27, 2000; · Planning Commission Res. 5064 from Aug. 9, 1999, approving a temporary use for automobile storage · an excerpt of the minutes of the Planning Commission of Aug. 9, 1999 · an elevation titled Plaza de Cupertino, showing a building at Stevens Creek and South Blaney Avenue. James/Chang moved to deny the appeal and uphold the decision of the Planning Commission not to extend the use permit for car storage. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Abstained: Kwok. Public nuisance abatement: Public hearing to consider abating a public nuisance (vacant lot containing an accumulation of trash and debris) at 10200 Stem Avenue (APN 375 12 002, Patrick W. McGrath property owner), Resolution 02-008. Renee Phillip, 10190 Stem Avenue, said she lived next door to the property in question. She reported continuing problems with refuse, weeds, sanitation, and loitering. She provided a letter dated August 31, 2000 from Earl's Pest Control stating that an infestation of Springtails had spread from the undeveloped property next door. Sandoval/Chang moved to (1) Adopt Res. 02-008 ordering the abatement of a public nuisance at 10200 Stem Avenue, and requiring the property owner to continue to maintain the property in such a way as to avoid a recuffing public nuisance; and (2) Adopt a minute order that if this matter should return to the City Council because the City incurs costs for abatement, the City Clerk shall place a closed session on the agenda so that Council may consider a permanent injunction. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Request for a Municipal Code amendment to define what constitutes a second living unit, application No. 01-MCA-01. This project was initiated by the City of Cupertino and is citywide. The project is categorically exempt and is recommended for approval. First reading of Ordinance No. 1891: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08, Definitions and Chapter 19.80 Accessory Structures/Buildings of the Cupertino Municipal Code Concerning Definitions and Related to Accessory Buildings/Structures and Second Dwelling Units in Single-Family Zones." January 7, 2002 Cupertino City Council Page George Monk, 19985 Price Avenue, discussed his plans to convert a pump house into a living space. He asked that Council delay these changes or be open to additional amendments when the modifications are made to the Second Dwelling Unit ordinance James/Chang moved the following. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. (1) Approve amendments to Chapter 19.08, Definitions, and Chapter 19.80 Accessory Buildings/Structures based on the model ordinance in the staff report; (2) Authorize staff to make modifications, within the next six months, to the Second Dwelling Unit Ordinance to encourage the building of second units as recommended in the Housing Element and the Planning Commission minute order dated December 10, 2001; and (3) Read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 12. Preparation of action minutes for all televised meetings. Council members suggested that the minutes include instructions about how to view the meetings on line (Webcast) or on video, and also asked that their computers be upgraded, if necessary, so they will have access to the Webcast. Kwok/Sandoval moved that the City Clerk prepare action minutes for all City Council televised meetings. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 13. Appointment of one council member to serve on a Policy Advisory Board (PAB) for the Comprehensive County Expressways Planning Study. Council concurred to appoint Sandra James as the lead representative and Richard Lowenthal as the alternate. 14. Designating preferential parking on Tula Court, 8 a.m. - 12 p.m. first Saturday of each month, Resolution No. 02-009. Stuart Colvin, 20860 Tula Court, spoke in favor of preferential parking on Tula Court during time of the monthly flea market. January '7, 2002 Cupertino City Council Page 5 Chang/Jmes moved the following. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. (1) (2) (3) Adopt Resolution No. 02-009 Direct staff to place a large, temporary sign at the entrance to the neighborhood alerting flea market shoppers about the new permit parking and stating where parking is available Direct staff to add smaller, permanent signs at Fairwoods and Peppertree if staff determines they are necessary. 15. Designating preferential parking on Clearcreek Court, 6 p.m. - 2 a.m. Friday through Sunday, Resolution No. 02-010. Tom Maiello, 10090 Phar Lap, said he represented the Oakdell Ranch Homeowners Association. He spoke in favor of the preferential parking on Clearcreek Court because of impacts from the Blue Pheasant Restaurant. Kwok/Chang moved to adopt Resolution No. 02-010. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Consider adding a second meeting on Tuesday, January 15 to conduct interviews for boards and commissions. Council concurred to allow 8 minutes to interview each applicant who had requested appointment to two commissions; to allow 5 minutes for all other interviews; and to start the meeting at 4:30 if necessary to conduct all interviews in a single evening. Council noted that one of the commission applicants currently holds another office, and there may be other applicants in the same situation. They asked the City Attorney to review the list of applicants to be interviewed on Monday night and prepare an opinion as to whether appointment to a commission would be deemed an incompatible office with any other position those applicants may hold. ORDINANCES - None STAFF REPORTS 17. Revenue and expenditure status report. Council received the oral report fi.om Administrative Services Director Carol Atwood. Ianuary ?, 206<2 Cupertino C{ty Counc{1 Page 6 18. Falun Gong report. The report recommended that Council decline to adopt resolutions or proclamations that are not of specific importance or impact to the residents, city or community of Cupertino. Council received the report. COUNCIL REPORTS CLOSED SESSION - None ADJOURNMENT At 9:35 p.m. the meeting was adjoumed to a study session Monday, Jan. 14 at 4:30 p.m., Conference Room C/D, for interviews of applicants for city commissions and committees. K~iiy 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. Televised Council meetings may be viewed live on Cable Charmel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.