CC 02-01-05
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, February I, 2005
PLEDGE OF ALLEGIANCE
At 6:45 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.
ROLL CALL
City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and
Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent:
none.
CEREMONIAL MATTERS - PRESENTATIONS
1. Proclaim the week ofFeb 6 - 12, Future Business Leaders of America Week in Cupertino.
Mayor Kwok presented the proclamation to three students representing the organization.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Milind Parikh said that he was a victim of a burglary last Saturday, and although he called 911
the officer didn't arrive for a half hour. He talked about a systemic failure to address the root
causes of such crimes and asked how they could be prevented in the first place. He felt that there
should be more officers on the street and responses to burglaries should be less than five minutes.
Captain John Hirokawa, Santa Clara County Sheriffs Office, said there were two other
burglaries in the same neighborhood on the Friday before. The Sheriffs Office plans to increase
patrols and concentrate in that area. He explained that calls to 911 are prioritized based on
whether the crime is in progress or has already taken place, and in this case the burglary was a
prior property crime, and an officer response could take up to a half hour.
Michael Foulkes, President of the Chamber of Commerce, thanked the city for its partnership in
the Chamber installation of officers and the State of the City address at the Rotary Club. He said
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this year the Chamber will focus on smart growth, and their new chief executive officer would
work with the city manager and staff to streamline the communications from the Chamber to the
City.
Deborah Hill asked for assistance in finding affordable housing. Her current housing situation
will end in three weeks and she is looking for a place to live with her dog. She also thanked the
Sheriff's Office for their increased traffic patrols that are helping to slow down speeders.
Councilmember Lowenthal said that he would follow up with Cupertino Community Services on
behalf of Ms. Hill.
CONSENT CALENDAR
LowenthallJames 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.
2. Approve the minutes from the January 4 and 10 City Council meetings.
3. Adopt resolutions accepting Accounts Payable for January 14 and 21, Resolution Nos.
05-017 and 05-018.
4. Adopt a resolution accepting Payroll for January 14, Resolution No. 05-019.
5. Adopt a resolution accepting the Treasurer appointment, Resolution No. 05-020.
6. Adopt a resolution approving the destruction of records from the City Clerk, Parks and
Recreation (Quinlan Community Center), Finance, City Manager, and Public Works
departments, Resolution No. 05-021.
7. Accept applications for an Alcoholic Beverage License:
a) Lori's Diner, 19930-19936 Stevens Creek Blvd. (former Rib Crib site)
b) Chevron Stations, Inc., 10023 S. De Anza Blvd. (SW corner of De Anza and
Stevens Creek Blvds.)
c) Matsuya Japanese Cuisine, 20625 Alves Dr.
d) Florentine Restaurant, 10275 S. De Anza Blvd.
8. Approve Planning Commission nomination of Gilbert Wong as Environmental Review
Committee representative and Marty Miller as Environmental Review Committee
Alternate.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
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PUBLIC HEARINGS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
9. Approve the conceptual design of a cable-stayed structure for the Mary Avenue Bicycle
Footbridge and adopt Resolution No. 05-022 approving an application for additional
funding from the Santa Clara Valley Transportation Authority in the amount of
$1,560,000 for the Mary Avenue Bicycle Footbridge project, and approve a commitment
of $75,000 in additional local matching funds for a total funded project budget of
$8,750,000, and authorize to seek additional funding sources in an amount up to
$500,000 as an additional cost escalation contingency, for a total projected budget of
$9,250,000.
Public Works Director Ralph Qualls discussed the project budget and funding sources.
He said that construction should be complete by December 2006.
City Architect Terry Green described the 13 acres of landscaping, the artts!ic
enhancements to the required fencing, and the increases in the costs of concrete and steel.
He discussed the other types of bridges that were considered, and said this cable bridge
was chosen because of the substantial statement it creates, the enhancements in stability
and safety that have been made over the years, and the ability to purchase materials "off
the shelf' instead of requiring them to be custom-made.
Qualls said that they have an agreement with Caltrans that highway signage will not be
placed on this bridge; however, he would pursue a suggestion by Council to use the
bridge as a gateway opportunity, and would keep the Council involved in those
discussions.
Kevin Jackson, a member of the Sunnyvale Bicycle Pedestrian Committee, reported that
they would be receiving an addition $50 million in funding, so grants will now be issued
based on regional importance and whether projects are ready to proceed. The Mary
A venue footbridge is also at the top of both of those lists, so the VT A funding
commitment is practically iron clad.
Deborah Hill spoke in support ofthe project, and said it was a very elegant design and an
excellent use of regional funding. .
David Greenstein, a member of the Cupertino Bicycle Pedestrian Commission, said they
had spent many months working through the public process to make this bridge a reality,
and he urged Council's approval of the adjusted budget.
Sandoval/Lowenthal moved and seconded the following, and the motion carried
unanimously.
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1. Approve the conceptual design of a cable-stayed structure for the Mary Avenue
Bicycle Footbridge
2. Adopt Resolution No. 05-022, approving an application for additional funding
from the Santa Clara Valley Transportation Authority in the amount of $1 ,560,000
for the Mary Avenue Bicycle Footbridge project
3. Approval of a commitment for $75,000 in additional local matching funds
4. Approve an additional $500,000 as a cost escalation contingency
5. Approve a total projected budget of $9,250,000.
10. Consider funding priorities for the third year Community Development Block Grant
(CDBG) program allocation, review the CDBG schedule, and recommend a budget
amount for the general fund service grants.
Senior Planner Vera Gil explained that CDBG program is a federal entitlement grant
based on a formula, and the Human Service grants program is an allocation from the
city's general fund given to nonprofit agencies for services needed in this community.
Council members discussed the funding priorities for public services listed in the
consolidated plan, and felt that food, emergency shelter, clothing and other support
services should receive higher priority. Gil explained that the list was also influenced by
what services the city already offers, such as the rotating shelter. She said Council can
continue to use their own priority lists now, and these tables can be updated when the
consolidated plan is reviewed.
Oil noted that she had recently received a letter from the Department of Housing and
Urban Development recommending that the city fund fewer agencies with larger grants.
The Council asked that the Housing Commission review that recommendation.
Lowenthal/Sandoval moved and seconded that all agencies should be directed to apply
using the standardized CDBG grant application form, and those that do not receive
CDBG funds will still be considered for Cupertino's Human Service grant funds, so that
there will be two award processes based upon a single application. The motion carried
unanimously.
11. Consider adopting a resolution to purchase property on Cleo Avenue for affordable
housing, Resolution No. 05-023.
Deborah Hill, a Cupertino resident, talked about the high cost of "affordable housing."
James/Wang moved and seconded to adopt Resolution No. 05-023, and the motion
carried unanimously.
12. Consider a fee waiver request from We, The Parents.
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City Manager David Knapp explained that We, the Parents is a group of residents who
have children at Stevens Creek Elementary School. This group held a meeting in the
Quinlan Community Center on January 24 to correct some of the poor information that
came out in the press about the school, and the group is requesting a waiver of the rental
fee of$112.50.
James/Lowenthal moved and seconded to deny the fee waiver, and the motion carried
unanimously.
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13. Review and comment on Santa Clara County Local Agency Formation Commission's
(LAFCO) draft Island Annexation Policies and Maps of Unincorporated Islands.
James/Wang moved that the City Council review and comment on the draft policies,
which staff will summarize in a memorandum to LAFCO; and moved to authorize
development of a city-initiated annexation program for the remaining unincorporated
islands. The motion carried unanimously.
14. Select application deadline and interview dates for the Teen Commission.
Council concurred with the following deadlines:
Applications due in the Clerk's Office:
Council members receive matrix of applicants:
Council members return matrix to Clerk:
Council members receive final packet:
Interviews held at 3:00 p.m., Conf. Rm. A, City Hall
Friday, May 6
Thursday, May 12
Friday, May 20
Wednesday, May 25
Tuesday, May 31
15. Conduct the first reading of Ordinance number 1958: "An Ordinance of the City Council
of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to
Change the City Council Closed Session Meeting Time," to begin closed session
meetings at 6:00 p.m.
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. The motion carried unanimously.
ORDINANCES
16. Conduct the second reading of Ordinance No. 1954: "An Ordinance of the City Council
of the City of Cupertino Approving an Amendment to Title 19, Chapter 19.28, Single
Family Residential Zones (Rl) of the Cupertino Municipal Code."
Lowenthal/Wang moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. The motion carried
with Council member James voting no.
Lowenthal/Sandoval moved and seconded to enact Ordinance No. 1954. The motion
carried with Council member James voting no.
17. Conduct the second reading of Ordinance No. 1956: "An Ordinance of the City Council
of the City of Cupertino repealing Chapter 2.06 of the Cupertino Municipal Code
regulating Campaign Finance."
Council members Wang and Sandoval did not participate in the discussion or voting on
this item because of a conflict of interest. Mayor K wok also had a conflict of interest, but
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at the first reading of this ordinance his name had been drawn by lot to create a quorum
for voting purposes.
James/Lowenthal moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Motion carried with
Council members Wang and Sandoval absent.
James/Lowenthal moved and seconded to enact Ordinance No. 1956. Motion carried
with Council members Wang and Sandoval absent.
18. The next General Plan hearing is scheduled for February 8, 2005 at 6:45 PM in the
Community Hall Council Chamber. The subject is Land Use, with a focus on Open
Space, Parks and Trails and on specific properties proposed for changes in land use
designations. (No documentation in packet).
City Manager David Knapp announced this meeting and invited the public to participate.
STAFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
including the following items:
· Discussions with the Historical Society and California History Center at DeAnza College
regarding the restoration and possible use of the Stocklmeir property
· An all-mail election will be held to form a community facilities district to replace the
library benefit assessment district
· Progress on the Lunar New Year Unity parade
· Thanks to the Rotary Club for sponsoring the Mayor's State of the City address, and
congratulations to the Mayor for his excellent presentation
· A recent 5 C's lecture on the Paradox of Race and Ethnicity
· A successful fundraiser for the library titled "Just Us Girls", which will become an annual
event
· A request for staff to investigate why the library building lights remain on late into the
evemng
· The upcoming Golden Jubilee of the city and anniversary celebrations by the Rotary Club
and Chamber of Commerce
· An invitation to the community to attend the open house at the new Sheriffs station on
DeAnza Boulevard in Cupertino
· Notice that City Hall had been closed on Monday, January 31 because the city employees
were on an unpaid work furlough
CLOSED SESSION - None
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ADJOURNMENT
At 9:10 p.m. the meeting was adjourned to Friday, February 4 ITom 2-5 p.m. to hold a goal
setting session, Council Chamber, Community Hall, 10350 Torre Avenue.
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.