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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 February I, 2005 Cupertino City Council Page 2 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 February I, 2005 Cupertino City Council Page 3 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. February I, 2005 Cupertino City Council Page 4 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. February I, 2005 Cupertino City Council Page 5 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. .- February I, 2005 Cupertino City Council Page 6 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 February 1,2005 Cupertino City Council Page 7 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 February I, 2005 Cupertino City Council Page 8 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.