CC 03-04-02CLJPE INO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Monday, March 4, 2002
PLEDGE OF ALLEGIANCE
At 5:03 p.m. Mayor Lowenthal called the meeting to order in Conference Room C/D, 10300
Torte Avenue, Cupertino, 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, and Patrick Kwok. Council members absent: Dolly Sandoval.
Staff present: City Manager David Knapp, City Clerk Kimberly Smith.
HOUSING COMMITTEE INTERVIEWS
1. Interview applicants for the financial representative on the Housing Committee.
Council interviewed Ms. Frances Seward and agreed 4-0 to appoint her to fill the vacancy
in the position of financial representative on the Housing Committee. Her term will end
January 2006.
RECESS - Council recessed from 5:15 p.m. to 5:40 p.m.
ROLL CALL
At 5:40 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300
Torte Avenue, Cupertino.
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood,
Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith,
City Attomey Charles Kilian, and City Clerk Kimberly Smith.
March 4, 2002 Cupertino City Council Page 2
STUDY SESSION
2. Study session on the 2002-2003 budget.
Carol Atwood, Administrative Services Director, reviewed the timeline for the budget
process, which ends in June with public heatings and adoption of the budget. She gave
an overview of municipal accounting procedures and said the accounting is done on a
fund basis. The general fund is discretionary and all other funds are restricted. Types of
funds are either governmental or proprietary (also known as enterprise funds) which
means that they are at least 50% self-supporting.
Atwood reviewed p. 59 of the 2001-2002 adopted budget, which shows a five-year trend
summary. She then reviewed the audit report, and explained that it is a snapshot of the
funds 10-15 months after the date of the adopted budget. Atwood also discussed the
revenues and expenditure and the debt service funds in the adopted budget.
Council received the report.
RECESS - Council recessed from 6:35 to 6:50 p.m.
ROLL CALL
At 6:50 p.m. Mayor Lowenthal led the Pledge of Allegiance and began the regular order of
business.
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood,
Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith,
City Attomey Charles Kilian, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Robert Levy, 10802 Wilkinson Avenue, noted that the dumpster by the library was overflowing
on Monday morning about 10 a.m. He reported it to Public Works and was told that trash was
not picked up on weekends, but he did not feel this was a satisfactory answer.
March 4, 2002 Cupertino City Council Page
Mark Auerbach, 18860 Barnhart Avenue, highlighted a Web site titled Project for Public Spaces,
which had useful information about parks, plazas, and civic design. It included criteria that can
be used to measure the success of intangible elements, and suggested that the City adopt some of
these to evaluate their own projects.
Gary Wesley, Mountain View resident, said that the election tomorrow for the 22nd Assembly
District was an important one for Cupertino, and he referred to several letters he had sent to City
Council about Sally Lieber.
Mayor Lowenthal re-ordered the agenda to hear New Business item No. 17 next.
NEW BUSINESS
17.
Proposal by Faria School Site Council to consider 30-minute "Drop-off' zones on the
streets adjacent to the school.
Ms. Sharon Koglmannslehner, 20416 Via Volante, asked Council for permission for the
school site council to approach the neighbors with a proposal for a drop-off zone. The
pilot project would be for 30 minutes twice a day. If that were successful, they would
bring an ordinance to the Council for consideration in August.
Mr. Robert Levy, 10802 Wilkinson Avenue, said that the Orange Avenue neighborhood
seemed to like permit parking but were not in favor of the 30-minute drop-off zone. He
asked how that drop-off zone would be enforced. Lowenthal suggested a specific time
span instead of a 30-minute limit.
James said that Faria Elementary School is an open enrollment school and draws students
from throughout the community, so them is already extensive car-pooling. She said she
would personally like to be involved, and suggested that solutions also be considered for
the enrollment period when many appointments are scheduled.
Council members concurred that the School Site Council should contact neighbors, with
the assistance of the Public Works Department, and that the Public Works Department
should report back in early summer on the feasibility of the proposed drop-off zones.
CONSENT CALENDAR
James/Chang moved to approve items 3-20 on the Consent Calendar as recommended, with the
exception of items 3, and 11, which were pulled for discussion.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
4. Accounts Payable: February 1, 8, 15, and 22, Resolution Nos. 02-029 through 02-032.
5. Payroll: February 1 and 5, Resolution Nos. 02-033 and 02-034.
March 4, 2002 Cupertino City Council Page
10.
12.
Application for Alcoholic Beverage Licenses: · Fontana's Italian Restaurant, 20840 Stevens Creek Boulevard
· TK Noodle, 20735 Stevens Creek Boulevard, Suite A & B
· Kim In Suk, 20956 Homestead Rd., Ste. A1
Annexation: Make determinations and approve the reorganization of territory designated
"Byrne Avenue 01-08", property located on the east side of Byme Avenue between
Alcazar Avenue and San Femando Avenue; approximately 0.183 acre, Limon (APN 357-
15-074), Resolution No. 02-035.
Annexation: Make determinations and approve the reorganization of territory designated
"San Fernando Court 01-07", property located on the north side of San Fernando Court
between San Femando Avenue and McClellan Avenue; approximately 0.268 acre,
Viswanadha, APN 357-12-005), Resolution No. 02-036.
Adopt a revised records retention schedule, Resolution No. 02-037, which will adopt by
reference the Local Government Records Retention Guidelines, and any amendments to
it, which is maintained by the California State Archives
Approve request to waive fees:
· De Anza Optimist Club of Cupertino for their Second Annual Cure Cancer Cafe,
at the Quinlan Community Center on March 23, 2002; amount requesting to be
waived is $461.75
· Cupertino Optimist Club for their regional speech contest at the Senior Center on
March 23, 2002; amount requesting to be waived is $87.50.
Iranian Federated Women's Club and Payvand Cultural School for their Fifth
Annual Arts and Cultural event at Quinlan Community Center on March 17,
2002; amount requesting to be waived is $3,224.00
The Home of Christ Church and the Abundant Life Church for their annual Easter
Egg Hunt at Memorial Park on March 30, 2002; amount requesting to be waived
is $80.00
Homestead High School Music Boosters for their annual music awards banquet at
the Quinlan Community Center on May 10, 2002; amount requesting to be waived
is $171.00
Accept improvements (may include grading, street improvements on site and off-site
improvements) No documentation required:
· KC&J Investment, LLC, 22393 McClellan Road, APN 357-05-011
· Pacific Rim Financial Group, 10525 Miller Avenue (Howard Court), APN 369-16-001
(On-site and off-site improvements)
· Lake Biltmore Apartments, 10159 South Blaney Avenue
March 4, 2002 Cupertino City Council Page
· Henry C. Lo and Angeline W. Lo, 10362 South Tantau Avenue, 375-08-033 and 10630
Tuggle Place, APN 375-34-068
· The O'Brien Group (Oak Valley), landscape improvements-Tract 9054, Unit 1, Area 2
· The O'Brien Group (Oak Valley), landscape improvements-Tract 9077, Unit 4, Area 1
· The O'Brien Group (Oak Valley), landscape improvements-Tract 9078, Unit 5, Area 1
13.
Authorize Execution of "Agreement for the Positive Location of Underground Utilities"
between the California Department of Transportation (Caltrans) and the City of
Cupertino, Resolution No. 02-039.
14.
Approve Contract Change Order No. 1 in the amount of $18,783.27 for the Annual Slurry
Seal Project No. 2001-03, Resolution No. 02-040.
15. Adopt fiscal year 2002-2003 goals.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
3. Approve minutes: Jan. 25 and Feb. 4, 2002.
Two typographical errors were corrected in the Jan. 25 minutes.
KwokJSandoval moved to adopt the minutes of Jan. 25 as corrected and the minutes of
Feb. 4 as presented.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
11.
Approve application for grant funding to rehabilitate Portal and Wilson Parks, Resolution
No. 02-038. The application is for funds from the Per Capita Grant Program under the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000.
Parks and Recreation Director Therese Smith said that the grant funds for this project
were approved last year, and this is a housekeeping item. The City can now bill the state
for funds and call for bids. The plans call for renovation of old play equipment at Wilson
Park, and at Portal Park the old spray pool will be made into a play area.
Sandoval/Chang moved to approve the application for grant funding.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
PUBLIC HEARINGS - None
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
March 4, 2002 Cupertino Clty Council Page
16, Report on the feasibility study of Union Pacific Railroad (UPRR) Trail Corridor.
Public Works Director Ralph Quails reviewed the recommendations of the Bicycle and
Pedestrian Committee as shown in the staffreport.
Chang/Kwok moved that Council: (1) Support designating the UPRR Trail as future open
space in the General Plan update; (2) Accept the UPRR Trail Feasibility Study report; (3)
Refer the report and recommendations to the Memorandum of Understanding (MOU)
partners for consideration for review and comment by the City Councils of Campbell and
Saratoga, the Town Council of Los Gatos, the VTA Board and the Santa Clara County
Board of Supervisors; (4) Have a report back to Council for final action in the summer of
2002.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
NEW BUSINESS
17.
Proposal by Faria School Site Council to consider 30-minute "Drop-ofI" zones on the
streets adjacent to the school.
This item was discussed out of order at the beginning of the meeting.
18. Set dates for study sessions:
· March 19 from 5:00 - 6:30 p.m. for a joint study session at the Senior Center with the
Library Steering Committee.
· Monday, April 1, from 4:30-6:00 in the Council Chambers to discuss the Sports
Center project
Monday, April 15 at 5:30 in Conference A or C/D for a joint session of the City
Council and Housing Commission to discuss the Cupertino Below Market Rate
(BMR) Housing program selection criteria and review of BMR occupant statistics
· Tuesday, May 28, 5:00 p.m. - 9:00 p.m. for a budget study session.
19.
Receive resignation letter from Planning Commissioner Geoff Patnoe and consider
options for filling the unscheduled vacancy.
Marc Auerbach, 18860 Bamhart Avenue, felt that although Council had the option of
appointing an applicant from the list of those they interviewed in January, it would be
better to open the recruitment process. He felt the Commission could benefit from a
balance of views from the public and the private sector, as well as someone with a
background in aesthetics, design, architecture, etc.
March 4, 2002 Cupertlno City Councll Page
Council concurred to accept the resignation and open the recruitment process. The
deadline for applications will be Tuesday, May 7, 5:00 p.m., and interviews will be held
on Monday, May 13 at 6:00 p.m. in Conference Room A.
20.
First reading of Ordinance No. 1892: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 2.86 of the Cupertino Municipal Code, Housing
Committee, Concerning Renaming the Housing Committee."
The City Clerk read the title of the ordinance. It was amended so that 2.86.010 (C) would
read "The Director of Community Development shall provide technical assishance to the
Commission."
James/Sandoval moved to read the ordinance by title only, and that the City Clerk's
reading would constitute the first reading thereof.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
ORDINANCES - None
STAFF REPORTS
21. Revenue and expenditure status report.
Council received the report from Administrative Services Director Carol Atwood. No
action was taken.
22. Council Youth Internship Program report.
Council received the report from Administrative Services Director Carol Atwood. No
action was taken.
COUNCIL REPORTS
Council members highlighted their committee activities.
CLOSED SESSION - None
March 4, ~200') C~upertlno City Council Page
ADJOURNMENT
At 8:40 p.m. Council adjourned to a study session on Monday, March 18 from 4 - 6 p.m. in the
Council Chambers regarding the trail ali?j~nent for thc Stevens Creek Trail.
Ki~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 wwxv.cupertino.om. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
The Housing Committee interview and the budget study session portions of this meeting were
not televised.