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CC 12-04-00 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, December 4, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council membe~ present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don BurneR, Michael Chang, and John Statton. Council members absent: None. Staff present: City Manager David Knapp, Community Development Director Steve Piasecki, Human Resources Officer Bill Woska, Public Information Officer Donna Krey, Public Works Director Ralph Quails, Planner I Peter Gilli, Code Enforcement Officer Alex Wykoff, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS The City Clerk said there were items received by email which had been included in the Council's packets. In addition, a letter from Mrs. Barbara Rogers regarding the library had been handed out at the beginning of the meeting. ORAL COMMUNICATIONS Mr. E. J. Conens, 10480 Pineville Avenue, said December 7 was a black day in American history. He said this was his third request that council donate money toward the World War II Veterans Memorial in Washington, D.C. Staff was directed to place the matter on the agenda for the next meeting. Mayor James reordered the agenda to place item 20 as the first item under New Business. CONSENT CALENDAR Bumett removed Item $ from the Consent Calendar. Chang moved to approve the items on the Consent Calendar, as recommended, with the exception of Item 5. Bumett seconded and the motion carried 5-0. December 4, 2000 Cupertino City Council Page 1. Minutes: Noveiiiber 7 and November 14 regular adjourned meetings, and November 20 regular meeting. 2. Accounts payable: November 17 and November 22, Resolutions No. 00-288 and 00-289. 3. Payroll: November 22, Resolution No. 00-290. 4. Treasurer's Budget Report, October 2000. 6. Contract change order: McCrary Construction, No. 9, for $7,849.00, Cupertino Senior Center, Project 99-9210, Resolution No. 00-292. 7. Reorganizations: (a) "Byrne Avenue 00-06," making determinations and approving the reorganization of territory designated "Byrne Avenue 00-06," property located on the west side of Byme Avenue between Alcazar Avenue and Dolores Avenue, approximately 0.200 acre, Gwozdz (APN 357-12-031), Resolution No. 00-293. (b) "Byrne Avenue 99-09," setting date for consideration of reorganization of area designated "Byme Avenue 99-09," property located on Byme Avenue between Alcazar Avenue and Dolores Avenue; approx'unately 0.445 acre, Choe (APN 357-14-032), Resolution No. 00-294. 8. Authorization for the Director of Public Works to negotiate and execute contract change order No. 1 in an amount not to exceed $25,000.00 for the traffic signal installation project on Stevens Creek Boulevard at Saich Way and to accept the completed project when all conditions have been satisfied, Resolution No. 00-295. 9. Acceptance of improvements (documentation not required): - Barbara Gwozdz, 10351 Byrne Ave., APN 357-12-028 - Liberty Properties, LLC, Rainbows Drive (End), APN 366-03-029 - Arie & Hanna Bash, 10115 Saich Way, APN 326-32-034 10. Authorizing the Director of Public Works to accept completion of a street improvement project and release appropriate bonds when project conditions are met, Anne and Philippe Der, 22525 Balboa Road, APN 342-18~032-035, Resolution No. 00-296. 11. Acceptance of Association of Bay Area Governments (ABAG) regional housing needs det¢i~iiination. 12. Report on bicycle destination signs and approval to install signs at appropriate locations. 13. Red light running photo enforceiiient systems: receive report on deployment. December ,t, 2000 (~upertlno (~ity Councll Page Vote Councihnemb~x ~ Ayes: BurneR, Chang, Lowenthal, ShaRon, and James Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Request for appropriation of $40,000 as local share for grant funds for the Safe Routes to School program for traffic-calming measures for Lincoln Elementary, Kennedy Middle and Monha Vista High, Resolution No. 00-291. Burner said this was an important item for the community and an achievement for staff. He noted that the quickest way to calm traffic around schools would be for students to ride bicycles. One effective measure has been to change a street design to make it safer for b!cyclists. He thanked the public works staff, in particular Ray Chong. Bumett moved to approve the appropriation. Chang seconded and the motion passed 5-0. PUBLIC HEARINGS 14. Hazardous vegehation/weed abatement: ordering abatement of public nuisance (weed abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 00-267, Resolution No. 00-297. The City Clerk reviewed the report. No public testimony was given. Bumett moved to adopt Resolution No. 00-297. Statton seconded and the motion carried 5-0. 15. Massage regulations: First reading of Ordinance No. 1865: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal Code Regarding Regulation of Massage." Code Enforcement Officer Alex Wykoffreviewed the staffreport and said Capt. Miles and Sgt. Eastus and Det. Allman of the Sheriff's Department were present. The ordinance was being amended to provide consistency with ordinances adopted by other agencies, including Saratoga, Los Altos, and Santa Clara County. Cupertino's ordinance was last amended in 1995. Joseph Byme represented his wife, Patricia Angelina, who is a massage therapist at Spirit of Health therapeutic massage located at 21730 Stevens Creek Boulevard. He requested that they not approve the ordinance tonight, to give stafftime to work with members of the legitimate massage therapy community. He said the ordinance had been written from law enforcement perspective but some of the requirements will be very difficult for Be, ember a, 1000 ( upertino ( ity ( ouneil Pag businesses to meet. He talked about thc issue of safety, and thc requirement of'keeping the outside door unlocked. He said his wife's last appointments are between 9 and 10:00 p.m. He said none of the ordinance's requirements would be a problem to those practicing prostitution because they would not follow the law anyway. Janet Huntamer, 1077 November Drive, a member of Association of the American Massage Therapy Association, said she represented four massage therapists who are ANITA members and live in Cupertino. She thanked the Council for recognizing them as professionals and said they believe the proposed ordinance is premature in coming to the city council. She said their concerns include the following: · They would like to practice from their homes · The corporate massage definition implies that the therapist is unprofessional and limits their scope of practice · Would like to see national certification standard upheld and those holding national certification exempt from local testing · Would ask that those that have national certification be placed under the jurisdiction of the State of California Health and Human Services Agency She handed out copies of ethics fi~m the N. afional Certification Board, the Code of Ethics from the American Massage Therapy Association, and a model ordinance as presented by the California chapter of the American Massage Therapy Association. Burnett commented on the changes and suggested that staffreview the ordinance in light of the materials received at this meeting. Wykoffresponded that he had contacted the National Certification Board, noting that Cupertino accepts their testing results as part of the educational criteria. He had reviewed the model ordinance in light of the home occupation issue and said he thought it was very similar to the proposed ordinance. Chang said he was in favor of tightening up the ordinance but that it was important that it be sensitive to the legitimate practitioners of the profession. He suggested that staff review the ordinance again based on public input and the documents received tonight. Capt. Miles introduced Det. Allman and Sgt. Eastus. Det. Allman said they have had meetings regarding the county ordinance with the national organization and changed their ordinance to include that agency in the testing process. He explained that the reason for requiring unlocked doors is prostitution. He said the ordinance goes before the Board of Supervisors on December 12 and they hope it will be adopted at that time. The changes to the county and city ordinances were fairly similar. He said the county is working with the national organization on the ordinance. Statton said he ag~ed with raising the standards but there needed to be more resources for enforcement. Decernber ~t, ~000 ~uper~no ~iiy ~ouncll Page Det. Allman said he and his partner had closed ten establishments in their jurisdiction in the past year, and their goal is to get fid of the prostitution and keep the massage professionals. Lowenthal said he supported improving the ordinance but was concerned about the city's ordinance differing from the county's. He agreed that they should work with the massage practitioners in the city. He would prefer that the county enact an ordinance that could be enforced uniformly, then the city could follow that process so as to benefit from the work the county is doing. He said he thought improving the ordinance would provide more legitimacy to the current practitioners. Bumett requested that city staff look into ways of preventing operations that have been shut down from immediately re-opening. Kilian said that from a law enforcement standpoint, there is no difference in the ordinances. He thought it was very important that the ordinances be as uniform as possible. He suggested that because the county is our enforc¢ff~ent agency, the matter be continued for 90 days to see what happens at the county level, so that the city's ordinance can be reflective of theirs. Bumett moved to continue the matter to the February 5 meeting. Lowenthal seconded and the motion carried 5-0. James thanked'the two officers for the work they had done in the area of cleaning up prostitution in the city. Kilian suggested that the local practitioners work with the Sheriff's office as well as city staff. 16. Orchard Valley Marketplace, 19620-19770 Stevens Creek Boulevard (Evershine, Peter Ko), applications: 15-U-00, ll-EXC-00, and 21-EA-00. A negative declaration is recommended, and this item is recommended for approval. * Use permit to demolish a 9,464 square foot restaurant and add 37,700 square feet to the Orchard Valley Marketplace, consisting of a new one-story retail building at the corner of Portal Avenue and Stevens Creek Boulevard and a new two story retail/office building at the comer of Perimeter Road and Stevens Creek Boulevard and other minor site and architectural changes. · Exception to the Heart of the City development standards to allow a building height to exceed the maximum height of 36 feet, Resolution No. 00-298. Planner I Peter Gilli introduced the video roll-in and handed out a November 30 memo regarding the City Center Neighborhood Traffic issues. He reviewed the staff report and December ~, 2000 (~upert{no (~ty/~ounci! Page 6 answered questions. He said the bus duck-out had been moved so that the trees to be removed were less mature and the new location would increase the use of the pedestrian pathway. He said the entrance to the two-stot~/building would be on the inside of the sitc and pointed out where thc outdoor patio area and restaurant would be. He said the height exception is for the tower element and all tenant entrances will be on the interior. The Planning Commission was comfortable with recommendation for approval of the exception because the intent was to make the outdoor patio an active area. Gilli said thc design is still evolving and would go to the Design Review Committcc, after which thc city's consultant would review it again. The Planning Commission would then make the final decision. Gilli said the VTA is requesting installation of a full duck-out but the Council has the authority to deny that. He said the applicant would transplant the mature trees that were removed, trees. Bumett talked hbout George Monk's suggestion regarding closing an entrance on Portal to auto traffic and putting a pedestrian crosswalk in place. Piasecki suggested placing a condition on this applicant that they will be responsible for retrofitting that driveway after a study has taken place and staffhas reported on the pros and cons. Ron Bierman, 19781 Bixby Drive, talked about noise caused by trucks attempting to back into the center. He was also concerned regarding parking, elimination of landscaping, and the possibility of trucks having to unload in residential neighborhoods if the parking lot is full He talked about parking on Portal. In response to Mr. Monk's proposal for a raised pedestrian walkway, he said it was a speed bump which causes noise. Virginia Tamblyn, 19721 Bixby Drive, expressed concerns about traffic on Portal, restaurant activity taking place in the alley, and dumping of cleaning water into the storm drain. George Monk, 19985 Price Avenue, said his interest in the redevelopment is discouraging the use of Portal and Price as shortcuts to the center. He was disappointed that no action had been taken to mitigate the impact of traffic. He repeated his suggestion regarding a pedestrian en .tr.ance and said there were traffic calming methods other than the raised walkway. He referred to the traffic reports for Portal and Price. He said the developer is asking for a dramatic increase in the size and profile of the development, and felt it was a small price for him to partially fund some solution toward mitigating the traffic in the neighborhood. Statton said he liked seeing the center revitalized' but was reluctant to approve the project without reviewing it again. Traffic was a concern. Lowenthai said he felt comfortable with the design issues and was anxious for the improvement of the center. He said the owners have excellent tenants lined up who are anxious for the development to be completed. He said the project emphasizes outdoor December ~, ~000 ( upertlno C itr Council Page seating, an outdoor and space feel, and pedestrian orientation and scale on Stevens Creek Boulevard. He was in favor of the bus duck-out. He agreed it was time to deal with the cut through traffic on Portal. Chang basically supported the project and said previous concerns had been addressed. He agreed that staff should study the traffic on Portal to see if there are feasible solutions. Burnett agreed with other council members in supporting the project. He also agreed that traffic should be slowed down on Portal. James said the applicant has changed the plans over two years and thought the current proposal would address the issues expressed by the community. She asked that the issue of tracks be looked at closely and that the Portal traffic concern be addressed as well. Piasecki proposed the following language for condition 31: 31. South Portal Avenue Driveways and Cut-Through Traffic The applicant shall work with the staff to evaluate design solutions for the driveways on South Portal Avenue focusing on pedestrian access, delivery truck turn-around and cut-through traffic in the neighborhood. The applicant shall return to the City Council for final approval of the agreed upon designs addressing these issues. The applicant shall agree to pay for and install the agreed upon design solution prior to issuance of building permits. Lowenthal moved to approve Application 15-U-00 per Planning Commission Res. 6059 with Condition 31 amended as proposed by staff, and to approve Application 11-EXC-00 per Planning Commission Res. 6060. Chang seconded and the motion carried 4-1 (Statton no) o Chang moved to grant a negative declaration. Bumett seconded and the motion carried 4- 1 (Statton no). Burnett moved to adopt Resolution No. 00-298. Lowenthal seconded and the motion carried 4-1 (Statton no). 17. Prezoning: Public hearing to consider prezoning of a .26 acre parcel located at 21103 Lavina Court to Pre-R1-10 (Residential, single-family, 10,000 sq. f~. minimum lot size) zone, Dennis Wong, applicant. This it¢~i is recommended for approval. · First reading of Ordinance No 1866, "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code by Pre-Zoning a 0.26 Acre Parcel Located at 21103 Lavina Court to Pre-R1-10 (Single Family Residential with a Minimum Lot Size of 10,000 Square Feet) (Application No. 06-Z-00)." De~ember g, 2000 Cupenqn0 Couneil Pase g -- Cormnunity Development Director Steve Piasecld reviewed the staff report. Bumett moved to approve the application per Planning Commission Res. 6062. Lowenthal seconded and the motion carried 5-0. The City Clerk read the title of Ordinance No. 1866. Burner moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 20. Amendment to contract with Public Employees' Retirement System (PERS) regarding survivor benefits. (a) First reading of Ordinance No. 1867: "An Ordinance of the City Council of the City of Cupertino Authorizing an Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System." Human Resources Manager Woska reviewed the staff report. The City Clerk read the title of Ordinance No. 1867. Chang moved and Burner seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 18. Approval of Library Steering Committee's recommendation for the site of the new Cupertino library in the Civic Center. Director of Public Works Quails reviewed the staff report. Paul Lcttieri, Gnzzardo Partnership, reviewed the altemafives and explained how they had been evaluated'. He described the proposed development for Town Center. Quails summarized the findings of the committee, noting that staff recommended Alternative B. That altemadve was preferred by ten of the fourteen committee members as well. He also noted that all of the council mei~xbers had been given copies of a letter from Mrs. Barbara Rogers dated December 4, 2000. - Kathy Stakey, a meiiiber of the Library Expansion Steering Committee, said the committee had made a recommendation regarding the location for the new library, and it was the only meeting she had missed. It would be wise to insure that the community understands the scope of this $22 million project, which is the largest financial project the December ~, 2000 Cu~e~no Ci/y Council ])age city has v~ibarked upon. _As a coraraittee m~mber, she was not comfortable that the public was well informed. She was concerned that the library's functional needs may .not be met. She asked that the Council postpone their decision, and place markers on the ground to show the proposed building and parking footprint. She also recommended a meeting with the county librarian and the cupertino library director to insure their basic day to day functions are met by the proposed plan. Jean Gallup, 10356 Plum Tree Lane, said she was a member of the Library Expansion Steering Committee. She said she was an ardent supporter of selecting the field, not the plaza, for the location of the new library, because it would be easier to make a functionally efficient library. Instead, the emphasis seems to be more on making it a civic focal point and how it will look. This may result in the functions of the library being forced into a building that is not as efficient. The Cupertino library has won national awards, and there are experts on both the county and local staff. She asked that council pay attention to their needs and recommendation. Chris Gatley, 11510 Well Spring Court, said he was also a member of the Library Expansion Steering Committee and he had also missed his opportunity to cast his vote. He did not hear any discussions on the committee about building from the outside in. The diagrams before council are merely bubbles with no specific form, and he would defer to the'library experts as to what that fom~ it should take, and it should be developed from the inside out. At the same time the council should create a long term landmark for the city and they have an opportunity to do so by placing it between the existing two buildings. He thought there needed to be a relationship between the new town center, the existing library, city hall, and the new library. This could be done by placing the new library between the two other buildings and toward the back. He said most important, the green field represented one of the few open spaces left in the city. He has observed the use of both areas and from his perspective the ball field got a lot more use, so putting the library in the plaza made more sense. E. J. Conens said he kept hearing the figure of $22 million and he was under the impression that it would be $17 million for a library and $5 million to build a garage. He asked why they were cutting parking spaces one place and adding them in another. He said he did not want to spend the $22 million when they had been told it would be $17 million. Chang said he served with Mayor James on the steering committee and they both support the staff recommendation. He said he felt very strongly about the new library and has invested a lot of time working toward it. Throughout the site selection process he was looking at whether any of the sites would have a serious down side. He said his biggest concern early on was whether the library would fit in the space between the buildings. Otherwise he could see no down side to that site. When they get to the design phase he wanted to make sure that all the recommendations in the report from the previous committee were fairly heard and incorporated into the design. From a purely library perspective, the football field provided more possibilities, but he could see no tangible gains from thai site. Site B is a better solution from a community perspective. Being able December 4, ~000 Cupertlno Cliy Council Page to save the open space and havin~ a city center were both things many people wanted, and they can both be achieved by this proposal without compromising the needs of the library. Bumett said he agreed with Chang's reasons for choosing that location. He noted that the town center park was comparable in size to the downtown Los Gatos park where they have their farmers' market, and could allow that kind of event to take place here. Phasing the library and integrating it with the rest of what they are doing is a great thing to do. Lowe~thal agreed with much of what Chang said about there being no down side to Site B. Another benefit is that placement there allows better sharing of parking with town center. He said there had been three opportunities for public input and they heard from a lot of people. He said he thought that they needed to get on with the process; construction costs continue to go up. He said the new library will be a great addition to the city; however, there is some continued concern about the $22 million being spent on the library. He said the library would be an integral part of the place to gather, which was a desire expressed at the recent community congress. He was very enthusiastic about the plan and was happy that they could keep the green space for the present. Statton personally thanked Dorothy Stowe who had worked with many other people on the project for the past four or five years. He said he wanted to see the new library built quickly. James, who co-chaired the committee with Chang, talked to those who were on the committee as representatives of different segments of the community. She said she was in favor of Site B because it addresses the needs of the library and puts the library in the middle of what they hope is going to be the town center. She said partnering with the developer has already given them some money to put into the library because they don't have to spend it on parking. She said she believed it was her responsibility to save any open space if there was a suitable alternative, and in this case this was a better site than if they took away the open space. She believed this building would work with the other two buildings, and would allow a walkway between them. It is time to move on. She stressed that this is not an architectural selection; the architect will work with the librarians and the rest of the committee to make sure that the inside of the library works. Lowenthal thanked all the volunteers who had worked on Measure A and the site selection. He said the community made this happen. Chang moved to approve the Library Steering Committee recommendation for Site B. Bumett seconded and the motion passed 5-0. 19. Approval of recommendation from Bicycle Pedestrian Advisory Committee (BPAC) to allocate $200,000 from Mary Avenue bicycle footbridge project to initiate feasibility study and preliminary environmental review, Resolution No. 00-299. Quails highlighted the staff report and introduced the video roll-in showing the location. He showed an overhead outlining concerns expressed at the October 26 meeting. D~ceml)er ~i, II000 ~uperfino {~ity Council I)a~ 11 Doug Herrick, chair of the BPAC, made a presentation. The following speakers spoke in opposition to the feasibility study: · Chris Wang, 10659 Nathanson Avenue · Anna Polman-Black, 21118 Gardena Drive · Bud Kundich, 1776 Laurentian Way, Sunnyvale · Worth Walter% 10497 Anson, handed out Highway 85 satellite photographs · Ramesh Hariharan, 21478 Meteor Drive · Nataraj, 10599 Nathanson Avenue · Ronald Singleton (6 min. video Tom Buchanan and Ron Singleton 3 min. each) · Thomas Buchanan, 10619 Nathanson Avenue · Bonnie Sevorietti, 10655 Mary Avenue, Cupertino Loc-N-Stor · Jack Funk, 10679 Nathanson Avenue · Kumar Muthusami, 1752 Laurentian Way · Allen Snyder · Monte Tumor, 21435 Amulet Drive · Dan-Wen Tsal The following speakers spoke support of the feasibility study: · Paul C. Metz and Mary Poc, 6137 Oneida Drive, San Jose, Silicon Valley Bike Coalition · Jo Ellen Jarvi, 21815 Alcazar Avenue, discussed overhead map · Ann Ng, 6031 Bollingor, BPAC, SVBC · Jack Witthaus,.P.O. Box 3707, Sunnyvale, Senior Transportation Planner, City of Sunnyvale · David Simons, 1514 S. Mary Avenue, Sunnyvale · Jean Stein, 1782 Lament Court, Sunnyvale · Robert Skyles, 10301 Stonydale Drive · Kevin Jackson, 1557 Fraser Drive, Sunnyvale · David Greenstein, showed video · Tim Risch, 330 N. Mathilda Avenue #502, Sunnyvale, member of Sunnyvale City Council · Mike Bullock, 21831 Hermosa Avenue · Rod Brown, 11124 La Paloma Drive · Steve Haze, 22681 San Jna~ Road, handed out policies from 1990 General Plan and bicycle routes · Gary Virshup, 753 Stendhal Lane · Colin Virshup, 753 Stendhal Lane · Scott Virshup, 753 Stendhal Lane December 2000 Cunertino City Councill age 12 Statton said that, as the cornmunity becomes increasingly dense, ways must be found to continue to accommodate the increasing need for alternate transportation. He believed that there are ways of making traditionally incompatible uses more compatible with each other. He was in support of the feasibility study, and felt that the issues raised by the speakers should be addressed and mitigated in that study. After the study, if the Council decides to pwceed with the pwject, there will be a lot more work to do with the neighborhood about mitigation measures. Lowenthal asked if the $200,000 could be used to study Stelling Road instead of the Mary Avenue footbridge. Ralph Quails, Public Works Director, said that the source of the funding is the VTA bicycle expenditure plan and it is specifically eaux~arked for the Mary overcrossing. There will be some peripheral issues associated with Stelling that would have to be taken into account as a part of this pwject, but the funding is only for the oveTcrossing. Lowenthal said that it is one of council's goals to make the city more walkable. If the feasibility study is not done, they will be missing an opportunity to increase waikability and bicycle access. He felt that might be a permanent decision, and potentially a mistake. He said a lot o.f serious issues were brought up by residents, and it has to be the main objective'of the feasibility study to find a way to enhance the safety for the neighborhoods, not make it worse. Solutions must also be found for litter, graffiti, and privacy. He noted that when the Stevens Creek Trail was put in by the City of Mountain View, it ended up being something that was more positive for everyone. Lowenthal said he had been involved in the pwject, and continues to stay involved. Some of the steps they have taken include adding an access for the Sheriffs officers, monitoring the trail several times a day for litter and graffiti, and covering the natural rocks with a graffiti- resistant coating. Graffiti is r¢iiioved on the same day, always. These are the same kinds of things which should be investigated in the feasibility study, and which must be made a part of Cupertino's plan if this project is to proceed. Chang asked for clarification on the content of the feasibility study. Quails said that it would typically evaluate ail issues associated with the project, as well as developing a basic scope. It would give.council a better understanding of the issues raised by the neighborhood, and may even bring up some new ones. Chang said that after hearing the input from both sides, he felt the right thing to do was to proceed with the feasibility study. The biggest issue seems to be people's perceptions, whether accurate or not, related to probl¢i~s associated with the high school He felt it was important that all of those concerns be addressed fully in the study, including the problems with it being a congregation area for students, smoking and drug use, graffiti, safety and privacy concerns, and potential impacts on property values. The feasibility study should indicate how these could be mitigated, and at what cost. Chang also felt the committee should represent ail the stakeholders, including residents of Sunnyvale and Cupertino, members December 4, 2000 Cul ertino City Council Page 13 of thc bicycle pedestrian committee, thc Sherif/'s deparhnent, and thc high school. There is a potential for an outcome that the neighbors feel is an improvement over existing conditions. Although a fmal decision had not been made, it was important to do thc feasibility study. Burnett said that the benefits of this project are very large. Previous elections show very strong support for bicycle projects. In 1996, Measure A and B included $12 million dollars for bicycle projects, and it passed by 75%. The recent Measure A, an all-transit issue with a lot of funding for bicycle pedestrian facilities, passed by 70%. He said that people are looking for alternatives to the automobile, and this is an opportunity to provide that. This bridge would make it possible to fide fi.om Willow Glen to Paio Alto with only one stretch of busy street on Homestead, and it would also be part of the hookup fi.om Los Gatos and Saratoga to the Baylands. The lack of these facilities is a tremendous deterrent to people who want to ride their bicycles but are concerned about their safety on busy streets. Bumett discussed Creekside Park and the neighborhood opposition to the bridge that was built there. Once it was in, the leader of the opposition told him that it had actually become an asset to the neighborhood. He noted that the Mary Avenue overerossing would also provide easy access to the bus stops on Homestead. As people get older, not everyone is able to drive, but they can still ride bicycles, ride the bus, or walk. Bumett said he lives near a high school and a junior high, and there are some minor problems with littering, but that can be dealt with. He felt the biggest impact on the neighborhood would be the drop in automobile traffic for every person who chooses to ride a bike instead. He felt that the Wail could be designed to protect residents' privacy, and landscaping can be put in to discourage people fi.om congregating in what arc now open spaces. The job of thc committee will be to find out how the neighbors want those changes to be made. James said she was encouraged to see a council member and staffperson from the city of Sunnyvale in a.ttend_ar~ce, because this issue does involve both citics. She said the Cupertino community talks all the time about being pedestrian friendly and bicycle friendiy, and about giving people a way to go fi.om place to place and to get out of their cars. The topic is in the general plan, and the council's goals, and they are committed to it. The council is also committed to protecting thc enviwnmcnt of the local communities and keeping up the quality of life for the residents. This is a chance to bring people together who have concerns, energies, and passions that may not be aligned, and staff and the council will work to find a solution that will be good for everyone. James said she was disturbed to hear the stereotypes that people had about teens and youth. Drugs and gangs are sometimes found in schools, but also in the workforce, in businesses, or on thc strcct. But not ail teens and youth are like that. She felt the school district should be involved in this ovcrcrossing projcct, much as thcy were in the Monta Vista parking situation. The same kind of comments were heard from the community then, but their attitude changed after they worked with the teens and came up with solutions for the students to park in front of their homes. The Sheriffs depachnent will also be an integral part of making this work. The first step is to fund the feasibility study to look at the pros and cons, to bring all the players together, and to do a preliminary environmental study. December 2000 Cupertino City Council Page Burner moved'to adopt Resolution 00-299 to allocate $200,000 in VTA Bicycle Expenditures program funds from the Mary Avenue Bicycle footbridge Project to initiate a feasibility study and preliminary enviromental review prior to proceeding with the proposed project, and to evaluate and address the concerns and issues as raised by members of the community and others which may arise from the study, and to authorize the Director of Public Work to acquire the necessary consultant services to support this effort in an aggregate amount not to exceed $200,000. Lowenthal seconded and the motion passed 5-0. ORDINANCES - None STAFF REPORTS Administrative Services Director Atwood reminded the council that the city had applied for a California Housing Finance Agency (CI-IFA) loan as one option to fund the Cupertino Community Services (CCS) affordable housing project. The city has been notified that it was awarded $1.3 million of the $2 million request. On subsequent review of the CHFA loan requirements, it was discovered that such a loan would be in the name of the City of Cupertino and thus obligate the city's general fund for any non-payment by the CCS housing operation. Therefore, staff is not ~eeommending acceptance of this loan. COUNCIL REPORTS Mayor James said that because the hour was so late, the council reports would be held over until the next meeting. CLOSED SESSION - None ADJOURNMENT At 11:00 p.m., the meeting was adjourned. The December 18 and January 2 meetings have been canceled. The next meeting will be Tuesday, ~anuary 16.