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CC 05-05-03CUPE INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday May 5, 2003 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, Califomia, and led the Pledge of Allegiance. ROLL CALL James/Sandoval moved and seconded to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok (excused). Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attomey Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Senior Planner Aarfi Shrivastava, Senior Planner Vera Gil, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. The agenda was reordered, as follows: WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Dennis Whittaker, 20622 Cheryl Dr., asked that the General Plan task fome include representation from small businesses, asked that the developer provide the full amount of below- market-rate (BMR) housing for the Town Center project, and asked why the developer name for that project was not shown as Hunter/Storm. He also asked that the current residents of the Rainbow Avenue project be given preference in the new units so they are not permanently dislocated. He said that he was in favor of a small plaque on the library building but not naming the building, and he asked that the discussion at Council meetings remain respectful. Community Development Director Steve Piasecki replied that the Town Center project would be required to provide all BMR units. He said the project must be described by the name that is given on the application. He also said the city has already asked the developer of Saron Gardens on Rainbow May 5, 2003 Cupertino City Council Page 2 Drive to assist with tenant relocation services. Mayor Chang said that if there were any groups that felt they should be represented on the General Plan task rome, they should let the Council know. Director Piasecki said there would be two small-business representatives that will be appointed. Dean Emmingham, 10407 Colby, congratulated the Council on the improved condition of Blackberry Farm Golf Course, and expressed concern about some of the proposals for the Stevens Creek Corridor that show its removal. He asked about other amenities available in the city, such as softball fields, tennis courts, etc. Mayor Chang asked staff to provide that information. Mavis Smith, 22734 Majestic Oak Way, asked that the Council not let the library naming issue become an obstacle, and said the fundraising committee must have council's clear intention. Don Moore, 1062 Wilkinson Ave., thanked the City Manager for assisting him with transportation to a dental appointment when he was unable to obtain transportation through the VTA bus or Outreach transit. Roger Costa, Canyon Vista Drive, discussed various practices for naming public buildings. He supported Cupertino's past practice of naming buildings for individuals who demonstrated a long record of public service to the immediate community. He did not feel the City should name buildings for individuals who have funded the initial construction or created endowments. Costa also said that there is a need for improved civility and judgment among council members, and it was unacceptable to have charges or innuendos of racism rising by and between members of council for political purposes. He said that divisive and irresponsible communications among individuals, the media and community at large is not acceptable behavior in Cupertino. Penny Whittaker, 20622 Cheryl Dr., asked why certain categories for the General Plan task force were not included, such as small retail, store owners, retail shoppers, homeowners, and the Cupertino Concerned Citizens, when there were categories for major retail, retail and office developers, major business, renters, and all of the commissions. She noted that the quadrants are very different sizes, but both have the same number of representatives. Alf Modine, 1180 Crestline Dr., said he supported the relocation of the Railroad Museum to Cupertino, as discussed in a recent Cupertino Scene article. Robert Levy, 10802 Wilkinson Ave., said that any resident of the city should be able to obtain a copy of the General Plan and make written comments to the Council, Planning Commission, and Task Force. He referred to Mr. Moore's earlier comments about the bus service, and said it is a problem that needs to be addressed in the City. Anna Polman-Black, 21118 Gardena Dr., said that a building name should come from a longtime Cupertino resident who made a major contribution to the city, and not the highest financial donor. She also objected to the proposal to turn Vallco into a Chinese market. May 5, 2003 Cupertino City Council Page 3 Mary Ellen Cheil, 7451 Prospect Rd., said that Mayor Chang and Vice-Mayor James sit on the library naming committee and suggested that they identify what the community wants through forums, discussions, etc. She said it was her epinion that city buildings should be named atler the city. She said there were a number of individuals who wished to make donations, but wanted the controversy to go away. Chell asked for a lowering of animosity and antagonism fi.om the community around these issues. Bob Hendrickson, 10535 Mira Vista Ave., referenced a letter printed in the Cupertino Courier about the library naming issue. He said that it is up to the Council members as community leaders to not let this topic be used as an attack on anyone, whether a Council member or a community member. He said he believed that people who have claimed this is a racial issue have done an injustice to the gentleman who offered the funds. CEREMONIAL MATTERS - PRESENTATIONS 1. Graduation ceremony for Tomorrow's Leaders Today (TLT). Kathleen Elliott, Executive Director of TLT, thanked the Council for its support and introduced the four teams of students. Each team gave a brief synopsis of their project, which included a marketing plan, a senior center dance and toy drive, an annual report, and a graduation ceremony for the group. A copy of the comprehensive annual report was given to the mayor. Mayor Michael Chang and Kathleen Elliott awarded certificates to each student. POSTPONEMENTS Reconsider denial of Application U-2002-11 and EA-2002-23, Freiheit & Ho Architects, Inc., for a Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill), and construct a 120 - room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard, APN 326-10-064. (This item continued to May 19 at the applicant's request). Lowenthal/James moved and seconded to continue this item to May 19. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. CONSENT CALENDAR James/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of items 3 and 9, which were pulled for discussion. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Adopt resolutions accepting accounts payable for April 18 and 25, Resolution Nos. 03- 077 and 03-078. 5. Adopt a resolution accepting payroll for April 25, Resolution No. 03-079. May 5, 2003 (~upertlno City Council Page 4 6. Accept the Treasurer's Budget Report March 2003. Adopt a resolution accepting the destruction of records from the Parks and Recreation Department (Senior Center case files), Resolution No. 03-080. Declare brush growing on certain described properties to be a public nuisance and setting hearing for June 2 for objections to proposed removal, Resolution No. 03-081. 10. Adopt a resolution authorizing execution of a Construction and Access Permit from the County of Santa Clara to the City &Cupertino, Resolution No. 03-083. 11. Adopt a resolution granting an easement for flood control, erosion and sedimentation control to Santa Clara Valley Water District, District No. 2026-51 Sunnyvale East Outfall, APN 316-38-street (portion), Resolution No. 03-084. 12. Bollinger Road Bridge Project: (a) Adopt a resolution authorizing the Mayor to execute an amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek, Resolution No. 03-085 (b) Adopt a resolution authorizing the Director of Public Works to amend the design contract with Winzler and Kelly in the amount of $33,585.00 for a total contract amount of $369,900.00, Resolution No. 03-086 13. Adopt a resolution authorizing the City Manager to execute an agreement with the County of Santa Clara for joint utilization and maintenance of facilities relating to the County of Santa Clara Traffic Operation System, Resolution No. 03-087. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approve the minutes from the April 7, 15, and 21 City Council meetings. Sandoval offered several clarifications to the minutes. Sandoval/Lowenthal moved and seconded to continue this item until the following meeting to allow the clerk to review the changes and prepare amended draft minutes. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Adopt a resolution authorizing execution of a contract with Biggs Cardosa Associates, Inc., / HNTB for design services for the Mary Avenue Bicycle Footbridge in an amount not to exceed $1,225,000.00, and further authorizing the amount of $75,000 for additional services that may be required upon approval of the Director of Public Works for a total allocation amount of $1,300,000.00, Resolution No. 03-082. May 5, 2003 Cupertlno City Councll Page Bud Kundich, 1776 Laurentian Way, expressed concern that the residential buffering and security established in the original design may not come to pass. He also asked that Council postpone the project until the economy can support it, and until full project funding has been identified and secured. Public Works Director Ralph Quails said this project was very well funded, which includes funds from a grant by the Valley Transit Authority, funds from the State Transportation Fund, and funds from the City of Sunnyvale. He said that the additional design work done to address the concerns of neighborhood residents would be a key feature of this project. City Manager David Knapp noted that this money is designated by community and voter design, and can only be used for pedestrian and bicycle activities. Sandoval/James moved and seconded to adopt Resolution No. 03-082. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. PUBLIC HEARINGS 14. Consider the use of the first program year (2003-2004) Community Development Block Grant (CDBG) funds and authorize submittal of funding proposal, Resolution No. 03- 088. Senior Planner Vera Gil reviewed the s'.aff report, and noted a typographic correction to the amount recommended for the Affordable Housing Placement Program. She explained that a CDBG Public Participation Committee had been appointed recently, and in the future those positions would be filled during the city's normal recruitment process for all city commissions. The public hearing was opened, and the following individuals gave a brief synopsis of their organizations' services: Erica Mayer, Director of Housing for Cupertino Community Services (CCS) Georgia Bacil, Directing Attorney of Senior Adults Legal Assistance (SALA) Steve Suehz and Amy Hanse, representing Cupertino Senior Day Services Kathryn Brown, program coordinator for Economic and Social Opportunities Margie Rocha, Executive Director of Mid-Peninsula Citizens for Fair Housing Rich Abdalah, Chairman of the Cupertino Housing Commission, said the selection process used to review the submissions worked very well, and everyone had an opportunity to make a presentation. The public hearing was closed. Sanaoval/James moved and seconded to accept the CDBG Steering Committee recommendation and make the following allocations, and to require the Mid-Peninsula Citizens for Fair Housing to meet with local apartment managers annually to 'review fair housing law and provide informational meetings for May 5, 2003 Cupertlno 121ty Councll Page 6 tenants on fair housing. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Program Administration: Administration Mid-Peninsula Citizens for Fair Housing Public Service Grants: CCS - Rotating Shelter CCS - Comprehensive Assistance Program Cupertino Senior Day Services Senior Adults Legal Assistance Support Network for Battered Women Social Advocates for Youth 85% Pool Economic and Social Opportunities Unallocated Affordable Housing Fund CCS - Affordable Placement Program TOTAL: $94,800.00 $84,600.00 $10,200.00 $71,100.00 $25,000.00 $ 8,333.00 $10,200.00 $11,667.00 $ 5,900.00 $10,000.00 $308,100.00 $45,000.00 $263,100.00 $65,000.00 $65,000.00 $539,000.00 15. Vacation of a portion of Madrid Road: (a) Consider the adoption of a resolution ordering the vacation of a portion of Madrid Road as provided in Section 8320 Et Seq. of the Streets and Highways Code, State of California, Resolution No. 03-089 (b) Consider the adoption of a resolution authorizing execution of quitclaim deed of real property located on Madrid Road to Amolfo N. Nite and Rebecca P. Nite and Wan-Yen Hsu, Resolution No. 03-090 The public heating was opened, and there were no speakers. The hearing was closed, and James/Lowenthal moved and seconded to adopt Resolution No. 03-089. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Nces: None. Absent: Kwok. James/Lowenthal moved and seconded to adopt Resolution No. 03-090. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. 16. Consider the appeal of Application R-2003-03, a Design Review Committee approval of a new two-stoW 4,463 square foot residence, Dick Fang, 10110 Mann Drive, APN 326- 19-005. This item is Categorically Exempt and the Planning Commission recommends approval of the appeal. (The applicant requests postponement for six weeks). The public hearing was opened, and there were no speakers. Lowenthal/James moved and seconded to remove this from the agenda and to re-advertise the public hearing at a later time. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. May 5, 2003 Cupertino City Council Page 7 PLANNING APPLICATIONS 17. Consider setting a public heating for a General Plan amendment related to change the land use designation on the Forum site to bring it into conformance with the General Plan, Application Nos. GPA-2003-01, City of Cupertino, 23500 Cristo Rey Drive APN(s) 342-53-001 through 342-53-259, 342-54-01 through 342-54-016, and 342-55-001 through 342-55-045. James/Sandoval moved and seconded to authorize staff to schedule a public hearing to amend the General Plan on this item. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. UNFINISHED BUSINESS - None NEW BUSINESS 18. Approve the Teacher Housing Program, allocate funds, and select a non-profit agency to administer the program. Rich Abdalah, chairman of the Cupertino Housing Commission, pointed out differences between this program and that of the City of San Jose and discussed the recommendations of the Housing Committee. Sandoval said for the record that she felt very strongly that loans should be available only for homes within Cupertino city limits, for the following reasons: (1) These are Cupertino tax dollars that should be kept in this city; (2) It is important that the City be proactive in providing affordable housing opportunities here as opposed to outside of the city; (3) Within a one-mile radius of the city, housing prices are approximately the same whether they are located in west San Jose or in Sunnyvale; (4) There are no reciprocal agreements with other cities. For example, teachers employed in San Jose cannot get the San Jose program's down payment assistance for a home in Cupertino; and (5) Although some people may want a larger home, many start out in townhomes or condominiums. Senior Planner Vera Gil read some suggested wording from DeAnza College President Martha Kanter that would require program participants to be a tenured faculty member employed at the college. Lowenthal/Sandoval made the following motions. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Approve the guidelines shown in the staff report for the Teacher Assistance Program with the following amendments/confirmations: 1. Four loans will be issued in the first year 2. Homes must be within the City of Cupertino 3. Loans may be as high as $50,000 May 5, 2003 Cupertino City Council Page 8 19. 20. 4. The wording regarding teacher eligibility, second bullet, is anxcndcd to add thc words "or be employed as a full-time tenure-track or tenured faculty member at the Foothill-DeAnza Community College District." B. Allocate $220,000 from the Below-Market-Rate in-lieu fees Select Neighborhood Housing Services of Silicon Valley to administer the program. Consider establishing special rural neighborhood street standards. Brian Barry, 10440 Mann Dr., supported the staff recommendation, and said most of the neighbors he had spoken with did not want sidewalks or other changes to their neighborhoods. David Greenstein, 10066 Byme Avenue, said that his neighbors were in support of keeping a rural feel in their commtmity. Some steps may have to be taken to avoid flooding problems. He suggested wording fi.om another city's neighborhood plan, which was to "Take the minimum amount of right-of-way and provide only the minimum amount of street necessary to obtain appropriate traffic safety and function." Lowenthal suggested that the Public Safety Commissioner consider issues of access, flooding, and safety. James/Lowenthal moved and seconded to develop a policy to provide a rural and semi- rural set of street improvement standards, and that the policies be provided to the Public Safety Commission for review before being brought back to the City Council. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Conduct the first reading of Ordinance No. 1918: "An Ordinance of the City Council of the City of Cupertino amending Section 10.60.060 (A)(4) of the Cupertino Municipal Code regarding the abatement of graffiti." Administrative Services Director Carol Atwood explained that this change would eliminate the $100 cap and allow the city to recover the actual cost of the graffiti abatement. Mayor Chang felt that a cap was important, and suggested a cap of $500 or $1000. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. Staff was asked to bring a summary of graffiti charges when this item is considered for a second reading. May 5, 2003 Cupertino City Council Page 9 21. Set a meeting with Supervisor Liz Kniss for June 2 at 5:30 p.m. to discuss issues in Cupertino. Council members concurred to set this meeting. Council also concurred to set a study session on Monday, May 19, from 5:30 p.m. to 6:30 p.m. in Conference Room C to discuss preliminary plans for residential units at the rear of the Oaks Shopping Center. ORDINANCES 22. Conduct the second reading of Ordinance No. 1917 related to the regulation of massage: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.06 of the Cupertino Municipal Code regarding the regulation of massage." James/Lowenthal moved and seconded to mad the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. James/Lowenthal moved and seconded to enact Ordinance No. 1917 Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. STAFF REPORTS 23. Receive report on Severe Acute Respiratory Syndrome (SARS). Public Information Officer Rick Kitson reviewed a report and a public health update from the County of Santa Clara Public Health Department dated April 29, 2003. He said that facts about SARS have been included in the city's May newsletter. City Manager David Knapp reported that the Naming Policy subcommittee had met that day. It is composed of Mayor Michael Chang, Vice Mayor Sandra James, Rich Abdalah, Don Allen, City Attorney Charles Kilian, and himself. The committee decided to take a broad view and to take into account all aspects of a very complex issue. He said that no consensus had yet been reached, and the committee will meet again on June 9. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the recent Community Forum on teen issues, the opening of the CCS Affordable Housing Program, fundraising by the Library Joint Powers Authority for a future election to renew their funding soume, the Cherry Blossom Festival, Tomorrow's Leaders Today, the Rotary Golf tournament, the city employees' "years of service" luncheon, a performance of the Nupur Folk Dance Academy, and a request for live bands to volunteer for the Cupertino Senior Center dances. May 5, 2003 Cupertino City Council Page 10 CLOSED SESSION - None ADJOURNMENT At 10:05 p.m. the meeting was adjourned to Monday, May 12 at 6:00 p.m. for a joint study session with the Parks and Recreation Commission to review community submittals fi.om the Stevens Creek Corridor visioning exercise, City Hall Council Chambers, 10300 Torre Avenue. Kimberly Smith,~ 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 Channel 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.