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CC 05-03-05 CUPERJINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 3,2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, 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. CLOSED SESSION - None Mayor Patrick Kwok held a moment of silence in memory of Willi Hagenlocher, founder of the American Youth Soccer Organization (A YSO). He also sent best wishes to Linda Walker, chairperson of the Cupertino Senior Citizens' Commission, for a speedy recovery from her illness. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation to Ralph Qualls for the James L. Martin award from the League of California Cities as Public Works Director of the Year. (No documentation in packet). Mayor Kwok presented the proclamation to Ralph Qualls. 2. Presentation by the Vallev Transportation Authoritv (VTA) regarding the VTA long-term Transit Capital Investment Program. (No documentation in packet). This item was dropped from the agenda. POSTPONEMENTS - None May 3, 2005 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS Council members received copies ofthe following items: . Item No. 20, packet of information from Assemblywoman Sally Lieber's office. ORAL COMMUNICATIONS Nick Garcia, La Mar Dr., representing a number of people opposed to the Regnart Creek Trail, expressed the following concems: crime; bike and pedestrian safety; trail safety; quality of life issues; destruction of natural habitat; limited access to the trail. CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 3, 7, and 8, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, and James. Noes: None. Absent: None. 4. Adopt resolutions accepting Accounts Payable for April 1, 8, and 15, Resolution Nos. 05- 059 to 05-061. 5. Adopt resolutions accepting Payroll for April 8 and 22, Resolution Nos. 05-062 to 05- 063. 6. Adopt a resolution approving the destruction of records from the City Clerk department, Resolution No. 05-064. 9. Accept applications for an Alcoholic Beverage License: a) Ramenrama Red Miso (on-sale beer and wine), 19772 Stevens Creek Blvd. (new restaurant next to the Elephant Bar) b) The Blue Pheasant Restaurant, 22100 Stevens Creek Blvd. 10. Adopt resolutions approving a final parcel map and improvement plans: a) 21851 Lomita Avenue, Lands of Li, APN 357-16-064. The resolution authorizes execution of an Improvement agreement, and signing of the parcel map and improvement plans, Resolution No. 05-066 b) Tracy Hsu and Huei-Hwang Hung, husband and wife as community property with right of survivorship, and Kong-Yeu Han and Suejane Han, husband and wife as community property with right of survivorship, all as Tenants in Common, 21811 San Fernando Avenue, APN 357-15-082, Resolution No. 05-067 May 3, 2005 Cupertino City Council Page 3 11. Adopt resolutions approving a Grant of Easement for roadway for Tracv Hsu and Huei- Hwang Hung, husband and wife as community property with right of survivorship, and Kong-Yeu Han and Suejane Han, husband and wife as community property with right of survivorship, all as Tenants in Common, 21811 San Fernando Avenue, APN 357-15-082. The resolution authorizes execution of an Improvement agreement, and signing of the parcel map and improvement plans Resolution No. 05-068. 12. Accept municipal improvements (No documentation in packet): a) William A. Hurt, 21740 Alcazar Avenue, APN 357-19-011 b) Richard Shwe and Alma M. Shwe, 21840 Hermosa Avenue, APN 357-16-054 13. Adopt resolutions approving parcel maps: a) Suvi Shao. Jian Cai and Mei Ling, 10440 South Blaney Avenue, Resolution No. 05-069 b) Cupertino Estate LLC, 22291 Cupertino Road, Resolution No. 05-070 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approve the minutes from the March 15 and April 5 City Council meetings. Richard Lowenthal offered his support to Sandra James regarding her involvement with the Advocates for a Better Cupertino (ABC) committee. LowenthaVSandoval moved and seconded to approve the minutes. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to reconsider the first motion to approve the minutes. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to approve the April 5 minutes with an amendment to item number 20, reflecting Council's direction to allow people to re-app1y for the Human Service Grants. The motion carried with Sandra James abstaining. Sandoval/James moved and seconded to approve the March 15 minutes as presented. The motion carried unanimously. 7. Adopt a resolution designating the order of succession of the office of City Manager, Resolution No. 05-065. James/Sandoval moved and seconded to adopt Resolution No. 05-065 regarding the order of succession of the office of City Manager with the following amendment: 1.E. should read, "Other management staff as appropriate." The motion carried unanimously. May 3, 2005 Cupertino City Council Page 4 8. Accept the Treasurer's Investment and Budget Report for March 2005. (Documentation will be available at the meeting). This item was continued to the next meeting. PUBLIC HEARINGS 14. Consider Application No. EXC-2005-01, Jimbo Schwalb, 10655 Santa Lucia Road, APN 342-17-098: an appeal of a Design Review Committee denial of a fence exception to allow motorized controls on an existing manual vehicular driveway gate at an existing single-family residence. This item is Categorically Exempt and the Planning Commission recommends upholding the appeal. Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint slideshow. Mayor Kwok opened the public hearing. The applicant's representative, Jimbo Schwalb, expressed concern over inaccuracies in the staff report, the need for an amended fence ordinance, and safety on his property without an automated gate. Mayor Kwok closed the public hearing. James/Wang moved and seconded to review the fence ordinance and bring it back for discussion and review. The motion carried unanimously. James/Wang moved and seconded to deny the appeal. The motion carried with Richard Lowenthal voting no. 15. Consider adopting a resolution approving the 2005-06 Annual Action Plan and the use of third program year (2005-06) Community Development Block Grant (CDBm Funds, Resolution No. 05-071. Senior Planner Vera Oil reviewed the staff report. Mayor Kwok opened the public hearing. Robert Douglas from Economic and Social Opportunities (ESO) said that funds had been removed from his organization and moved to another program that provided affordable housing. He said that his organization also provides affordable housing, and asked Council to re-consider its decision, and to fund ESO fully. Mayor Kwok closed the public hearing. James/Wang moved and seconded to adopt Resolution No. 05-071 approving the 2005-06 Annual Action Plan and the use of third program year (2005-06) Community Development Block Grant (CDBG) funds. The motion carried unanimously. May 3, 2005 Cupertino City Council Page 5 16. Consider adopting a resolution amending Resolution No. 05-056, to reference the candidate statement fee in the 2005-2006 Fee Schedule, Resolution No. 05-072. (This item was continued from 4/5/05). Council members Dolly Sandoval and Kris Wang recused themselves from participation because of a potential conflict of interest, since they may choose to run for office again, and may have to pay the candidate statement fee. Mayor Patrick Kwok also had a potential conflict of interest but had been chosen by random selection to participate in order to make up the quorum. Sandoval and Wang left the Council Chamber at 7:45 p.m. James/Lowenthal moved and seconded to adopt Resolution No. 05-072, which referenced the candidate statement fee in the fee schedule. The motion carried 3-0, with James, Kwok, and Lowenthal in favor, and Sandoval and Wang abstaining. At 7:47 p.m., Sandoval and Wang were present. UNFINISHED BUSINESS 17. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2005-01 to Professional Turf Management in the amount of $186,720 per year. Lowenthal/Sandoval moved and seconded to award the contract to Professional Turf Management in the amount of $186,720 per year, and directed staff to ask if the City's ground maintenance crew were interested in maintaining the golf course in the future. The motion carried unanimously. NEW BUSINESS Mayor Kwok re-ordered the agenda to take up item No. 20 next. 20. Presentation by Santa Clara Valley Water District (SCVWD) staff of a status report on the Calabasas Creek and Bollinger Bridge and Bikewav Proiect. Greg Zlotnick, Board Director with the SCVWD, made some opening remarks and introduced Beau Goldie. Council received the report via a PowerPoint presentation regarding the status of this project, from Deputy Operating Officer Beau Goldie, with the Lower PeninsulalWest Valley Watershed District. Mayor Kwok re-ordered the agenda to take up item No. 18 next. 18. Presentation regarding state budget by Assistant Speaker Pro Tem Sally Lieber. (No documentation in packet). May 3, 2005 Cupertino City Council Page 6 Assistant Speaker Pro Tem Sally Lieber presented Ralph Qualls with a special recognition from the State Assembly in conjunction with the award presented earlier in the evening from the League of California Cities. Council received an oral presentation by Assistant Speaker Pro Tem Sally Lieber on the status of the California State budget, as well as copies of the following documents: "Highlights of the Analysis of the 2005-06 Budget Bill"; "Santa Clara County Budget Impact"; Highlights of the 2005-06 Perspectives and Issues"; and "Cat Facts" dated Dec. 2004. Cupertino Union School District (CUSD) Board Member Pearl Cheng talked about education initiatives and other measures. 19. Adopt a resolution supporting AB 1590 (Lieber and Cohn) regarding Property Tax Revenue Allocations for Special Districts - Santa Clara Valley Water District (SCVWD), Resolution No. 05-073. James/Lowenthal moved and seconded to adopt resolution No. 05-073 supporting AB 1590. The motion carried unanimously. Item number 20 was taken out of order after item number 17. Dolly Sandoval left the meeting at 8:40 p.m., after item number 19. 21. Adopt resolutions regarding the retrofit of Los Altos Garbage Company (LAGCO) refuse trucks: a) Authorizing the City Manager to execute an agreement with the Bay Area Air Ouality Management District (BAAQMD) that will enable the City to receive a Transportation Fund for Clean Air (TFCA) grant in the amount of $63,000.00 for the retrofit of Los Altos Garbage Company (LAGCO) refuse trucks with emission control devices, Resolution No. 05-074 b) Authorizing the City Manager to negotiate and execute an agreement with LAGCO for the use of the BAAQMD funds in the amount of $63,000.00 and the use of the previously approved TFCA funding in the amount of $110,000.00, both for the retrofit of refuse trucks to serve Cupertino customers, Resolution No. 05- 074a Lowenthal/James moved and seconded to adopt Resolution No. 05-074 authorizing the City Manager to execute an agreement with the Bay Area Air Quality Management District regarding a grant for the retrofit of refuse trucks, and Resolution No. 05-074a authorizing the City Manager to execute an agreement with Los Altos Garbage Company related to the retrofit of refuse trucks. The motion carried 4-0 with Dolly Sandoval absent. 22. Adopt resolutions authorizing grant applications: May 3, 2005 Cupertino City Council Page 7 a) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of 2005-06 Transportation Development Act Article 3, Pedestrian and Bicycle Project grant funding from the Metropolitan Transportation Commission, in the amount of $38,361.00, for the Mary Avenue Bicycle Footbridge, Resolution No. 05-075 b) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate $450,000.00 in State Safe Routes to School, Cycle 6, funding for the Garden Gate School Zone Traffic Calming Project and a commitment for an additional $2,500 in local matching funds, for a total local match of $50,000, Resolution No. 05-076 c) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate 2005-06 Federal Hazard Elimination Safety (HES) funds in the amount of $67,500.00 for the State Route 85/Stevens Creek Boulevard Pedestrian Facility Improvement Project, with local matching funds of $7,500, and in the amount of $172,800.00 for the Pedestrian Countdown Signal Head at Various Locations Project, with local matching funds of$19,200, Resolution No. 05-077. Lowenthal/James moved and seconded to adopt Resolution No. 05-075, regarding funding for the Mary Avenue Bicycle Footbridge; Resolution No. 05-076 regarding funding for the Garden Gate School zone traffic calming project; and Resolution No. 05-077 regarding funding for the State Route 85/Stevens Creek Boulevard Pedestrian Facility improvement project and for the Pedestrian Countdown Signal Head locations project. The motion carried 4-0 with Dolly Sandoval absent. 23. Approve the Planning Commission Work Program for 2005-2006. Lowenthal/James moved and seconded to accept the Planning Commission work program for 2005 with direction to staff to add a park at the Santa Clara County Roads and Airports property near the corner of I-280 and Lawrence; alternative park dedication ideas for amenities such as a gymnasium; country club possibility; in-lieu fees; renew the noticing policy; housing allocation issue; update the sign ordinance. The motion carried 4-0 with Dolly Sandoval absent. The plan included the following items: Citv Council Goals · Vallco/HP Neighborhood Park · General Plan Update Planning Proiects · Implementation of General Plan policies Private Proiects · Toll BrothersIHP May 3, 2005 Cupertino City Council Page 8 · Vallco Fashion Park cinemas · Sobrato Office/Industrial to Residential Site · Taylor Woodrow Office/Industrial to Residential Site 24. Amend the Investment Policy to require quarterly investment reports: a) Conduct the first reading of Ordinance No. 1961: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.24.050 of the Cupertino Municipal Code Related to Monthly Reports." Lowenthal/James moved and seconded to adopt a resolution (No. 05-078) requiring quarterly investment reports until the position of finance director is filled. The motion carried 4-0 with Dolly Sandoval absent. 25. Schedule an additional date for a Budget Advisory Study Session in the event that documents are not ready in time for the scheduled study session on May 31. Suggested dates are Monday June 6, or Tuesday June 7 at 4:00 p.m. Council concurred to schedule an additional meeting, if needed, for June 2 at 4:00 p.m. in the City Council Chamber. ORDINANCES - None STAFF REPORTS 26. The next General Plan hearing is scheduled for May 10, 2005, at 6:45 p.m. in the City Council Chamber of the Cupertino Community Hall. (No documentation in packet). Council discussed the Planning Commission's desire to have an additional month to finish its work on the General Plan. Council directed staff to notify the Planning Commission, and to come back to council for discussion. The public was invited to attend this General Plan hearing. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. May 3, 2005 Cupertino City Council Page 9 ADJOURNMENT At 9:41 p.m. the meeting was adjourned in memory of City Manager Dave Knapp's mother-in- law, who recently passed away. ~~~ Grace Schmidt, Deputy City 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, 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 from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.