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CC 04-05-05 " CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, April 5, 2005 ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members Dolly Sandoval, and Kris Wang. Council members absent: Sandra James. At 5:04 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), various risk manaeement issues. (No documentation in packet). a) Sandra Marais, Claim representing the City) #2002005371, Maureen Heath (Attorney b) Robert Keyarts, Claim #CU-440, John Simonson (Attorney representing the City) At 5:05 p.m. the City Council went into closed session. At 5:45 p.m. the City Council recessed until 6:00 p.m. OPEN SESSION The City Council convened in Conference Room A, City Hall, 10300 Torre Avenue, at 6:00 p.m. 2. Conduct interviews for the (Community Development Block Grant) CDBG Steerine Committee vacancies. Richard Schuster and Clare Malone Prichard were interviewed. Council members voted unanimously to appoint Richard Schuster to the term ending January 2006, subject to confirmation that his place of residence meets the eligibility requirements, and to appoint Clare Malone Prichard to the term ending January 2009. April 5, 2005 City Council Minutes Page 3 6. Presentation regarding the Santa Clara Valley Water District Watershed Protection Collaborative. (No documentation in packet). Public Works Director Ralph Qualls reviewed a PowerPoint slide show that highlighted the history of the Collaborative and agreements, as well as future steps, which include finalizing guidelines and standards, adopting a resolution for implementation, and integrating the new guidelines in to the regulatory process. Greg Zlotnick, representing the Water District, thanked Qualls and the City for their leadership in the collaborative. City Council received the presentation. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS The Bunny, speaking through interpreter Carol Atwood, thanked the City Council for their ongoing support of both the Big Bunny Fun Run and Bunny Bash party for preschoolers, and gave the Council members a Big Bunny Fun Run t-shirt featuring the Cupertino Golden Jubilee logo. Anne Lo, representing the Chinese American Counseling Service (CACS), explained the services that they offer to the community. Ruth Lin, co-chair of the organization, repeated the information in Mandarin. Lo said that on May 21 they will offer a "Parenting Teens" workshop in Mandarin. CONSENT CALENDAR Sandoval/Wang moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. 7. Approve the minutes from the March 7 City Council meeting. 8. Adopt resolutions accepting Accounts PavabIe for March II, 18, and 25, Resolution Nos. 05-046 to 05-048. 9. Adopt resolutions accepting Pavroll for March 11 and 25, Resolution Nos. 05-049 and 05-050. 10. Accept the Treasurer's Bud2et ReDort for February 2005. April 5, 2005 City Council Minutes Page 4 II. Adopt a resolution approving the destruction of records from the City Clerk and Finance departments, Resolution No. 05-051. 12. Accept an application for an Alcoholic Beverage License for Boas (former Hamasushi Restaurant), 20030 Stevens Creek Blvd. 13. Adopt a resolution approving the Second Amendment to the Agency Agreement for the Countywide Household Hazardous Waste Collection Pro2ram, Resolution No. 05-052. 14. Adopt a resolution approving an Improvement agreement with Lvnn Youn2s and Mikiko Youn2s, husband and wife as community property with right of survivorship, 10965 Miramonte Road, APN 356-01-032, Resolution No. 05-053. 15. Accept city projects performed under contract: Civic Center and Librarv Proiect-Phase 2, Project No. 2003-9222 (Swinerton Builders). (No documentation in packet). 16. Adopt a resolution approving the application for Land and Water Conservation funds for Stevens Creek Corridor Park, Resolution No. 05-054. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 17. Adopt a resolution supporting Congress' continued funding of the Community Development Block Grant (CDBG) Pro2ram, Resolution No. 05-055. Sandoval explained the importance of continued funding of this project. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 05-055. The motion carried unanimously, with Sandra James absent. 18. Accept a report regarding expenditure of funds for the Golden Jubilee Celebration. Public Information Officer Rick Kitson provided more details about the funding plans, and said that staff will be requesting an additional $10,000 in the next budget, but they needed approval from Council now to begin planning for the events in the fall. These include collaborative Cupertino Golden Jubilee events with the Chamber of Commerce and the Cupertino Rotary, scheduled for September 24-25, 2005. Wang/Lowenthal moved and seconded to accept the report. The motion carried unanimously, with Sandra James absent. April 5, 2005 City Council Minutes Page 5 PUBLIC HEARINGS 19. Consider adopting a resolution accepting the 2005-06 Fee Schedule, Resolution No. 05-056. Administrative Services Director Carol Atwood reported on changes to the fee schedule. City Attorney Charles Kilian explained that the fee for candidate's statement costs must be continued to the next meeting when all five Council members are present. At that time, Council will draw straws to determine which three members will vote, because there is a potential financial impact on Council members who choose to run for office again. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 05-056 with the following changes: (1) The decision about the fee for candidate's statements will be continued to the meeting of May 3; and (2) the fee for small traffic calming requests shall be eliminated from the resolution. The motion carried by the following vote: Ayes: Lowenthal, Sandoval and Wang. Noes: Kwok. Absent: James. Mayor Kwok explained that he voted no because he felt it was important to recover the costs associated with small traffic calming requests. 20. Consider adopting a resolution regarding the use of third program year (2005-06) Community Development Block Grant (CDBG) Funds and Begin Review of the 2005-06 Annual Action Plan, Resolution No. 05-057. Senior Planner Vera Gil gave a PowerPoint presentation and reviewed the recommendations of the CDBG Steering Committee. City Council members asked that the Steering Committee meetings be televised and/or webcast if possible. Jaclyn Fabre, Executive Director of Cupertino Community Services, thanked the Council and staff for their support and described the services provided by CCS. She said their funding request was for program food, case management, emergency cash management, the rotating shelter program, and affordable housing placement program. Margie Rocha, Executive Director of Mid-Peninsula Citizens for Fair Housing (MCFH), said their funding request would provide fair housing assistance for citizens of Cupertino owner/ manager training, fair housing presentations, distribute brochures, public service announcernents, information and referrals regarding landlord/tenant services, and casework on discrimination issues. April 5, 2005 City Council Minutes Page 6 Georgia Bacil, Directing Attorney for Senior Adults' Legal Assistance (SALA), discussed their 8 years of service at the senior center. She said they provide 180 appointments a year for rree services targeted to clients age 60 or older, especially those with low incomes or those who may be prone to exploitation or institutionalization. Tarnmi Cardenas, Development Director for the Support Network for Battered Women, apologized for their absence at the steering committee hearing. She explained that she lost her father to cancer that day, and a coworker went to the wrong address. She reviewed the services provided by the Support Network. She referred to the recommendation to allocate $4,000 of their funds to the Emergency Housing Consortium, and suggested that instead they award $5850 through the CDBG contract, and use General Fund monies to support the Housing Consortium. Colleen Hudgeon, representing Live Oak Adult Day Services, explained that they thought the human services grant process was separate and they did not apply. She described the services they offer to rrail seniors who need 24 hour care, thereby giving some relief to caretakers. These services include breakfast and lunch, a stimulating and exciting recreation program, music therapy, visits &om children and pets, etc. Tara Hood said she represented the Emergency Housing Consortium, now known as EHC Lifebuilders. She said they serve over 13,000 individuals every year, and help victims of domestic problems as well. They provide a cold-weather facility for the homeless, food, transitional housing, permanent housing, vocation transportation, etc. Donna Diminico, Program Director for the Long Term Care Ombudsman program of Catholic Charities, said they do advocacy and complaint investigation for 9 licensed care facilities in Cupertino, and are required to receive abuse complaints that occur against residents in those facilities. They also provide community education. Robert Douglas and Israel Canjura discussed the ESO Housing and Energy Services program that supports maintenance and repair for low and very low- income households, especially for those with disabilities, and also helps rental units with home accessibility. Wang/Lowenthal moved and seconded to adopt Resolution No. 05-057, reflecting the staff recommendation, except that $20,000 shall be shifted rrom item J on the chart on page 20-14 of the packet (ESO - Housing and Energy Services Program) to item K (Cleo Avenue Property Purchase). Council also directed staff to re-open the applications for the General Fund Human Services Grant, and have the CDBG Steering Committee make recommendations for final approval at the May 3 meeting. The motion carried unanimously with Sandra James absent. April 5, 2005 City Council Minutes Page 7 UNFINISHED BUSINESS - None NEW BUSINESS 21. Adopt a resolution supporting SB 680 (Simitian) regarding congestion management and transportation improvements for the Santa Clara Valley Transportation Authority, Resolution No. 05-058. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 05-058. The motion carried unanimously with Sandra James absent. 22. High School District discussion of student I!.eneration anaIvsis for new development. Stephen Rowley, Fremont Union High School District (FUHSD) Superintendent, reviewed the materials in the Council packet, including a PowerPoint slide show. His March 3, 2005, letter to the Planning Commission discussed the following items: Factors determining the economic well-being of FUHSD; status of their facilities modernization, enrollment, and school capacity; collection of impact fees and projection of costs; factors to be anticipated when growth occurs in basic aid districts; assessing the impact of planned growth proposals; and assessing the impact of uncertainties in school finance and State politics. Dennis Whittaker said that Cupertino schools are very desirable, and if more housing is built, there is a greater likelihood of people driving farther to take children to schools. He urged Council to not give away future sales taxes by replacing retail and commercial with housing, and there is a need to keep commercial areas available for future technologies. Lisa Warren said that the City must also consider the impact on Cupertino schools rrom residential growth in neighboring communities, and it is important to retain commercial uses, which contribute money to the schools. Jennifer Griffin said she had attended the Planning Commission meeting last night when they talked about future building in Cupertino, including putting residential units in existing high-tech parks. She said that the Council should take into consideration the need for additional schools nearby. Tom Hugunin asked why the State was asking the City to building housing, but does not provide funding for schools. He said that this seems to be an unfunded mandate, and the State should provide funding, or the City should build more commercial, because that's the way to get more money for the school district. City Council received the report. April 5, 2005 City Council Minutes Page 8 23. Review and approve the assignment of the lease for the Blue Pheasant Restaurant &om Berthe and Ole Peter Rasmussen to Mike Tsacres &om Hungry Jack's Restaurant Corporation. Mike Tsacres discussed his restaurant experience in full service and 24-hour restaurants, including those with bars. He said he has read the lease that he has asked to be assigned, and will abide by those terms, closing at 11 :00 p.m., unless the lease is changed or amended. Lowenthal/Wang moved and seconded to assign the lease for the Blue Pheasant Restaurant to Mike Tsacres, and authorize the City Manager to execute the documents. The motion carried unanimously with Sandra James absent. 24. Authorize the Director of Public Works to issue a Request For Proposals_(RFP) for real estate services for the sale surplus property of Oak Vallev lots A (11), B (2), and C (13), and authorize the City Manager to negotiate and execute an agreement with the selected real estate service provider. Mark Whitcomb said he had bid $1.2 million for one of the parcels because that was the stated appraisal, but a later appraisal rated it at $1 million and he has been unable to get a loan. The City Attorney said that this is an open market purchase so a willing buyer and seller determine the market rate and an appraisal is just a best guess. Whitcomb said he is still trying to get an additional $200,000 to cover the spread. Sandoval/Lowenthal moved and seconded to authorize the Director of Public Works to issue a Request for Proposals for Real Estate Services for the Sale of Surplus Property of Oak Valley Lots A (11), B(2), and C(13), and to authorize the City Manager to negotiate and execute an agreement with the selected real estate service provider. The motion carried Motion carried unanimously with Sandra James absent. 25. Accept the 2003-04 Single Audit Report. Lowenthal/Sandoval moved and seconded to accept the audit report. The motion carried unanimously with Sandra James absent. 26. Accept the 2003-04 Management Letter rrom City Auditors, Maze and Associates. (This item was continued rrom 3115/05). Wang/Sandoval moved and seconded to accept the management letter. The motion carried unanimously with Sandra James absent. 27. Receive a legal opinion on mailed ballot elections. (This item was continued rrom 3/15/05). April 5, 2005 City Council Minutes Page 9 The City Attorney reviewed his written report. He explained that general election law does not allow general plan amendment ballot measures to be conducted by mail. 28. Consider cancelinl! the rel!ular meetinl!s of April 19 and August 2, 2005. (No documentation in packet). Lowenthal/Wang moved and seconded to cancel the regular meetings of April 19 and August 2. The motion carried unanimously with Sandra James absent. Council members concurred to reschedule the Teen Commission interviews rrom May 31 to June 6 at 5:00 p.m. (or other appropriate date), and to schedule a budget study session in the Council Chamber on Tuesday, May 31, 2005, at 4:00 p.m. ORDINANCES - None STAFF REPORTS 29. Receive a status report on General Fund Revenue and Expenditures. (This item was continued rrom 3/15/05). (No documentation in packet). Council received the report. 30. The Planning Commission has amended its schedule for the General Plan public hearinl!s to allow more time to review the Draft Environmental Impact Report. The schedule extends the timeline two to four weeks longer than anticipated. The following is the revised schedule. (No documentation in packet): · April 4 special meeting to hear rrom major property owners, business owners, and developers on Land Use Element · April 12 Draft Environmental Impact Report · April 26 Preliminary amendments to Task Force Draft (and Draft EIR) · May 10 or May 24 Recommend Approval of the Draft General Plan and Draft Environmental Impact Report Mayor Kwok reviewed the General Plan public hearing schedule and invited the public to attend. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. April 5, 2005 City Council Minutes Page 10 ADJOURNMENT At 11 :05 p.m. the meeting was adjourned. ~ 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 &om our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased rrom the Cupertino City Channel, 777-2364.