CC 02-04-02CUPEf( INO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, February 4, 2002
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300
Torte Avenue, Cupe~lno, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Doily Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Planner Cynthia Wordell, Parks and Recreation Director Therese Smith, City Attorney Charles
Kilian, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Presentation of Teen Website.
Maurice Noone, Chairman of the Cupertino Teen Commission, gave a tour of the new
teen Web site at x~',cuvertino.or~/teens. He said the goal was to improve relations in
the teen community through communication, and he thanked Marc Auerbach for creating
the site.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS
Sandoval said she had received a letter announcing that applications were being accepted for the
Santa Clara County Civil Grand Jury. The deadline for applications is March 1, 2002, and
interested persons can contact the City of Cupertino to read the letter and brochure.
February 4, 2002 Cupertino City Council Page 2
ORAL COMMUNICATIONS
Joe Walton, reviewed a chart titled "Funding Requirements for Construction of Mary Avenue
Bicycle/Pedestrian Overcrossing at 1-280." It included revised estimates for total project cost
($6,777,358) and Cupertino's funding shortfall ($615,472). Additional funding sources for the
shortfall may include a matching contribution of $240,000 from the City of Sunnyvale and
$375,472 in grants from public and private sources.
Sheila Mohan, a member of the Cupertino Library Commission, highlighted the
accomplishments of the Cupertino Library. The Santa Clara County Library system is still
ranked No. 1 nationwide in its population category, and the Cupertino branch has the highest
circulation in the county. Last fiscal year 1.6 million items were checked out. She also described
the three new self-checkout machines, one of which was purchased by the Friends of the Library,
and talked about upcoming events in the next few weeks, including story times in Mandarin, a
multimedia show, a feng shui expert, and the Friends of the Library book sale.
CONSENT CALENDAR
Chang/James moved to approve items 3-5, 7-9, and 11 on the Consent Calendar as
recommended.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
3. Accounts Payable: January 18 and 25, Resolution Nos. 02-023 and 02-024.
4. Treasurer's Budget Report - December 2001.
5. Adoption of Annual Investment Policy.
Annexation: Setting date for consideration of reorganization of area designated "Byme
Avenue 01-08", property located on the east side of Byrne Avenue between Alcazar
Avenue and San Fernando Avenue; approximately 0.183 acre, Limon (APN 357-15-074),
Resolution No. 02-025.
Annexation: Setting date for consideration of reorganization of area designated "San
Fernando Court 01-07", property located on the north side of San Fernando Court
between San Fernando Avenue and McClellan Avenue; approximately 0.268 acre,
Viswanadha (APN 357-12-005), Resolution No. 02-026.
Acceptance of improvements (may include grading, street improvements on site and off-
site improvements): Young Chang Klm and In Suk Klm, 22714 Alcalde Road, APN 342-
44-004 and 342-44-028 (no documents required).
11. Amend the Administrative Rules and Regulations of the Personnel Code, Part II, Section
__ 1, Affirmative Action, to reflect current state employment law, Resolution No. 02-027.
February 4, 2002 Cupertino City Council Page 3
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
2. Approval of minutes: January 18 and 22.
City Clerk Kimberly Smith noted the following corrections to the minutes of January 18:
(1) James arrived at 10:00 a.m., and (2) Page 4, Affordable Housing, first bullet should
say "City Council needs to review Below Market Rate (BMR) qualifying criteria."
Chang/Kwok moved to approve the minutes of January 18, as amended, and January 22.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
6. 2000/01 Comprehensive Annual Financial Report.
Chang reported that the Audit Committee met with the auditors for a thorough review and
the city's report received a clean bill of health.
Sandoval/Chang moved to approve the Comprehensive Annual Financial Report for
2000/2001.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
10.
Letter to City of Sunnyvale requesting a matching contribution of $240,000 for the Mary
Avenue Pedestrian Footbridge Project.
Lowenthal noted that a minor change had been made to the letter so that it was clear the
request came as a result of a vote of the entire Council.
Chang/Sandoval moved to authorize the Mayor to sign the amended letter to the City of
Sunnyvale.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
12.
Support of Proposition 42, carried by Assemblyman John Dutra, which requires the
gasoline sales tax currently being paid be spent improving highways, local street and
mass transit without increasing or imposing new taxes, Resolution No. 02-028.
Sandoval noted that Council is trying to help the State find ways to fund mass transit.
Lowenthal said he endorsed it because the money would be spent locally.
Sandoval/Kwok moved to adopt Resolution 02-028 supporting Proposition 42.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
February 4, 2002 Cupertlno City Council Page 4
PUBLIC HEARINGS
13. Consider a bingo permit for the Cupertino Senior Center Coordinating Council.
The public hearing was opened at 7:14 p.m. There were no speakers, and the public
hearing was closed.
Kwok/James moved to approve the bingo permit.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
14. Set date for study session on Stevens Creek Trail.
Council concurred to hold the trail alignment study session on Monday, March 18, from
4-6 p.m. prior to their regular Council meeting. The meeting will be held in the Council
Chambers.
15. Set date for study session on budget.
Council concurred to hold the budget study session on Monday, March 4, at 5:30 p.m.,
prior to their regular Council meeting. The meeting will be held in Conference Room
C/D.
ORDINANCES - None
STAFF REPORTS
16. Revenue and expenditure status report,
Atwood stated that year-to-date revenues are down $ 350,000 compared to last year, year-
to-date expenditures are $1.4 million less than projected.
Council concurred to receive the report.
COUNCIL REPORTS
Council members highlighted the activities of the committees on which they serve.
Pebruary 4, 00O~ Cupertino City Council Page 5
CLOSED SESSION - None
ADJOURNMENT
At 7:35 p.m. the meeting was adjourned.
Note: The regular meeting of February 19 has been canceled.
The next meeting will be held on to Monday, March 4, beginning at 5:00 p.m. in Conference
Room A to conduct interviews for the Housing Committee vacancy. The budget study session
will be at 6 p.m. in Conference Room C/D, and regular business items will be discussed in the
Council Chambers at 6:45 p.m.
Kimberly Smith,~ity 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.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www. cu~ertino.om. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.