CC 04-07-03 CI] ' OF
CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, April 7, 2003
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Chang called the meeting to orde[ in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Michael Chang Vice-Mayor Sandra James, and Council
members Patrick Kwok, Dolly Sandoval and Richard L0wenthal. Council members absent: none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Rhlph Qualls, Community Development
Director Steve Piasecki, City Planner Cynthia Wordel~, Parks mad Recreation Director Therese
Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
Proclamations for Deputies James Post, Luis Valdez, and Danny Allman, for their rescue
of Mrs. Eva Wasson, and Able Underground Construction Company for its assistance.
Mayor Chang presented the proclamations.
Presentation of plaque to Parks and Recreation Supervisor Tom Walters for his help with
the Lunar New Year Unity Parade.
Michele Hu, co-chair of the Lunar New Year Unity Parade, presented Tom Walters with
a plaque recognizing him as the outstanding city supporter of this year's parade. Barbara
Rogers, Kris Wang, Ann Wu, and Council member Richard Lowenthal and Mayor
Michael Chang also offered their thanks. Walters accepted the plaque and thanked the
Parks and Recreation and the Public Works staff who helped in the effort.
3. Proclamation for the Future Business Leaders of America.
Mayor Chang presented the proclamation to members FBLA Dina Treyger and her friend
Vivian.
April 7, 2003 Cupertino City Council Page 2
Proclamation declaring April 7-13 as Library W&ek in Cupertino.
Mayor Chang presented the proclamation to rePresentatives of the Library Commission,
Friends of the Library, the Library Foundation, and library staff.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
Council members received a news article about Vallc0 plans from the Silicon Valley/San Jose
Business Journal dated April 4, 2003.
ORAL COMMUNICATIONS
E. J. Conens, 10480 Pineville, objected to Council taking action late in the evening, because
people in attendance need to go to work in the morning. He said that the community did not
want more bmldmgs on Stevens Creek Blvd., ~ncreased traffic, or impacts on local scenery.
They would like to see the Council members out in th6 community more, other than when they
are running for election.
Dennis Whittaker, 20622 Cheryl Drive, referred to' a new project on rainbow Drive by
Prometheus Development, and urged Council to be consistent in its message about the need for
affordable housing. It is rumored that this project will be refurbishing existing buildings and will
result in the relocation of people who now live there to areas outside of Cupertino.
Robert Levy, 10802 Wilkinson Avenue, referred to thel Brown Act and said that no speaker can
be required to provide his or her name and address. Tl~e Act also prohibits a majority of elected
or appointed officials from meeting to discuss busines~ unless it is at a noticed public meeting.
He said it bothers him that two people in a five-member commission can meet to discuss things,
but when they are joined by a third member it is a violation.
The City Attomey said that speakers are not required~ to provide a name or address, but it is
requested, and ~t ~s so noted on the speaker s card. He aoted that the Brown Act allows for more
than a quorum of members to get together for social reasons, conferences, and town meetings
that were not noticed, as long as general city business isInot discussed.
The following individuals spoke in favor of continued ftmding for the public access channel,
Cable 15. Their comments included: Concern aboutl the loss of content, the need to meet
minimum NTSC legal requirements, the loss of locally-created programming which reflects the
community's diversity and which doesn't fit into profit media, a request to continue funding at
the current level through 2004, and consideration for culxent funding plus $14,000 to pay salaries
for one full-time and one part-time employee.
Bill Mannion, representing the Cupertino Senior Te!evision Productions group
Greg Bartschenfeld, 2900 Homestead Road
Hema Kundargi, producer of an Indian vegetarian gourmet cooking show
April 7, 2003 Cupertino City Council Page 3
Robert Haber, Public Access Director for Cable Channel 15
Garrett Wroblewski, representing Cupertino Public Access television
City Manager David Knapp said that he had recently met with DeAnza College President Martha
Kanter. They are examining a variety of options to ~ee if there are less expensive ways of
providing the same service. He will bring a report back'to City Council.
CONSENT CALENDAR
Sandoval/Kwok moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of item Nos. 5, 10, ~6, 18, 19, and 21, which were pulled for
further discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Absent: None.
Adopt resolutions accepting accounts payable for March 14, 21, and March 28 Resolution
Nos. 03-056 through 03- 058.
Adopt a resolution accepting the payroll for March 28, Resolution No. 03-059.
Accept the Treasurer's Budget Report for February 2003.
Accept an application for an Alcoholic Beverage License, Rib Crib Barbecue, 19930
Stevens Creek Blvd.
11.
12.
13.
14.
Authorize fine arts grants for Spring 2003 as recommended by the Fine Arts
Commission.
Accept Citizens' Option for Public Safety (COl?S) Grant Allocation, Resolution No. 03-
061.
Accept California Law Enforcement Equipment Program (CLEEP) High Technology
Grant Allocation, Resolution No. 03-062.
Adopt a resolution setting the date of April 21 to approve the annexation of area
designated Dolores Avenue 02-04 , property located on the south side of Dolores
Avenue between Byme Avenue and Orange Avenue, approximately 0.21 acre, Hsu (APN
357-14-015), Resolution No. 03-063.
15.
17.
Adopt a resolution making determinations and approving the annexation of area
designated "Byme Avenue 02-08", property located on the west side of Byme Avenue
between Granada Avenue and Hermosa Avenae, approximately 0.41 acre, Perez (APN
357-11-005), Resolution No. 03-064.
Adopt a resolution for Grant of Easement, roadway, Mary Pesce King, Trustee of the
1995 Mary Pesce King Revocable Trust dated jgnuary 5, 1995, 10739 Santa Lucia Road,
APN 342-17-036, Resolution No. 03-066.
April 7, 2003
Cupertino City Council Page 4
20.
Declare intention to order the vacation of a l~ortion of Madrid Road as provided in
Section 8320 Et Seq. of the Streets and Highways Code, State of California, fixing May 5
at 6:45 p.m., as the time and place for the public heating, Resolution No. 03-068.
22.
Approve a second amendment to the Joint Exercise of Powers Agreement creating the
Silicon Valley Animal Control Authority (SVACA).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
Approve the minutes from the March 3, March 4 (two sets), March 17, and March 28
City Council meetings.
Lowenthal/James moved to correct the minutes ~f March 17, page 5-25, to add the phrase
"room rental" before the word fees. Vote: Ayes: Chang, James, Kwok, Lowenthal,
Sandoval. Noes: None. Absent: None. ~
Lowenthal/Kwok moved to amend page 5-28 tO add the phrase "Cupertino Community
Hall" above the other sample wording for plaques to be placed on buildings. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The correct
wording reads as follows:
CUPERTINO COMMUNITY HALL
JANE DOE COMMUNITY BUILDING
1N RECOGNITION OF A MAJOR CONTRIBUTION BY THE DOE FAMILY
TO THE CUPERTINO CO~'RJNITY HALL
James/Sandoval moved to adopt the minutes of March 17 as amended, and the minutes of
March 3, March 4, and March 28 as presented. Vote: Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes: None. Absent: Non&
10.
Adopt a resolution approving the reallocation iof a City Channel Program/Promotions
Director position to Web Specialist, Resolution No. 03-060.
Human Resources Manager Sandy Abe said thaI the pay fi.om the converted position will
mostly cover the cost of the Web Specialist position. The balance will come from cost
savings from the vacant producer position. Kwbk/Lowenthal moved to adopt Resolution
No. 03-060. Vote: Ayes: Chang, James, KWok, Lowenthal, Sandoval. Noes: None.
Absent: None.
16.
Adopt a resolution in support of clean fuel vehicles and participation in clean air
programs, Resolution No. 03-065.
David Dias and Kim Rogers, representing the Atnerican Lung Association, spoke in favor
of the resolution.
April 7, 2003 Cupertino City Councll Page 5
18.
Sandoval/James moved to adopt Resolution No. 03-065. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
Adopt a resolution authorizing execution of a Joint Use Agreement for a trail between the
Santa Clara Valley Water District and the !City of Cupertino for Regnart Creek,
Resolution No. 03-067.
Robert Levy said that the city should show m6re sensitivity to impact on neighbors of
projects, and suggested that an informational fl3er about the Regnart Creek Trail be sent
to the affected property owners.
19.
Public Works Director Ralph Quails said this st!etch of trail along the creek was part of a
development approved some time ago, and it waS part of the public hearing process. This
resolution is to adopt a standard joint use agreement as an implementation tool for the
city and the water district. ,
Kwok/Lowenthal moved to adopt Resolution No. 03-067. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
Extend the existing agreement with Apple Corflputer, Inc., for the disposal of electronic
products and computers.
Sandoval reported on the success of the six-mdnth trial project, in which they collected
over 70,000 pounds of e-waste. ~
Council concurred to authorize the city manage
the agreement with Apple Computer·
21.
Review bids and award contract for the De Anz~
Management System (ATMS), Project No. 420-
In response to a question by Council, Public W
is unaware of any problems with this contractor
Kwok/Lowenthal moved to award the contracl
$592,935·50, and authorize a contingency of
$652,935.50. Vote: Ayes: Chang, James, Kx
Absent: None.
PUBLIC HEARINGS
23. Consider adoption of the 2003-04 Fee Schedule
· to negotiate and execute an extension to
Boulevard Corridor Advanced Traffic
7534.
>rks Director Ralph Qualls said that staff
and it was a good bid.
to VCI Telecom, Inc, in the amount of
$60,000·00, for a total project cost of
7ok, Lowenthal, Sandoval. Noes: None.
Resolution No. 03-069.
Administrative Services Director Carol Atwoo4 reviewed the proposed increases, which
would go into effect July 1.
April7,2003
Cupertino City Council
Page 6
The public hearing was opened at 8:10 p.m. Where were no speakers, and the public
hearing was closed. After a brief &scuss~on about attendance at Blackberry Farm Plcmc
Grounds, Council members Chang and Sandova[ asked that staff survey walk-in guests to
determine in which city they live.
James/Sandoval moved to adopt Resolution No. 03-069. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Abse
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
24.
Adopt policy for naming City facilities.
Public Information Officer Rick Kitson corr,
buildings in Cupertino have been named for iF
at: None.
~cted his staff report to say that three
dividuals. These include the Robert W.
Quinlan Community Center, the Donald D. BroWn Blackberry Farm Golf Course, and the
Philip W. Storm Service Center.
Council members discussed the staff report and the confusion which arose over the
question of whether the naming list was inten~ted to include naming opportunities for
buildings or just the interiors, whether a plaque would be installed listing the names of
financial supporters, and where the plaque 'Nould be located (inside or outside the
building).
Dorothy Stow, 20197 Las Ondas Way, said she was one of the three individuals who
created the list of naming opportunities and saidlit was intended for the rooms and not the
building itself. The architects added the library ~uilding, with a recommended amount of
$1 million. She said she was not in favor sellipg naming rights to public building. In a
rare circumstance, if a person has done a lot for his or her community, it may be
appropriate. However, if Council insists on sell!ng the naming rights, they should be sold
for what they are worth.
Rich Abdalah, 10455 Torre Avenue, asked wl~ether Council had already approved and
accepted a name. That step should be done only after a policy has been adopted. He said
that a person could make a relatively minor cor~tribution and have their family name put
on a building for 40-50 years, and he did not think that was right.
Kilian clarified that the Council had just adopted the minutes of that evening, which
merely confirmed the new list of naming opportunities and confirmed that the dollar
amounts would be left to the discretion of th6 committee. Council did not accept a
particular contribution or name a building. Additional steps would be required, including
acceptance of funds. Council can choose to not accept the funds, change the plaque, or
make other changes in the future.
April 7, 2003
Cupertino City Council
Page 7
James said that she was uncomfortable with tier aye vote on March 17 in which the
council members agreed that they did not need ~to know the amounts of donations or the
names of the donors, and those decisions would be left up to the fundraising committee.
She said since she had received a number of phone calls from people in the community
regarding that decision, and that Council had rio way of anticipating any future illegal
activities by a person after whom a building m~y be named. James said she believed the
donor names should be reviewed by the Cot~ncil, and said she would like them to
reconsider that vote.
The City Attorney said that, at the time of that ivote, the community building hadn't yet
been added back on to the list of naming opporthnities. James said that she had therefore
voted correctly. She said that her constituent4 felt that the Council should review all
names, but that may be cumbersome for fund-ralsing purposes.
Pat Rogers, 19764 Aubum Drive, said that m(
been resolved by this discussion. Although st
made in secret, he was present because it had be
Mark Bums, 21269 Stevens Creek, said it x
buildings. If Council took this step because th
st of his planned comments had already
me people have said the decisions were
~n properly noticed.
ras acceptable to name rooms, but not
~'y needed funds to complete the project,
that was poor planning. Large donations create the perception that there is behind-the-
scenes influence.
Administrative Services Director Carol Atwoo~
capital improvement project budget for the libt
$22 million, so staff pursued some creative
said that the City had $19 million in the
dry. The Library community insisted on
racing to find another $1.8 million, and the
Library community agreed to raise $1.2 million Ito furnish the new building. If necessary,
the library can be opened with the old furniture and shelwng.
Robert Levy felt that the taxpayers had already contributed money to the project,
particularly those who had been customers of Capertino Water and now had to pay higher
fees to San Jose Water. He felt that the buildingmames should not be sold.
Dennis Whitaker, 20622 Cheryl Drive, urged {he Council not to lose the progress the
Library Foundation has made, and he felt th
decisions. He did not think the building should
was acceptable.
Barbara Rogers said that when Council made p
funds. Although the old library furniture is ava
enough of it to furnish the larger building. She
taking up new items after 11 p.m.
at a policy was necessary to guide the
be named for a person, but a small plaque
>licy changes, it made it difficult to raise
lable, it is in poor repair, and there is not
also suggested that Council refrain from
Lowenthal suggested that two council members work with staff to further refine the
policy. He said he regretted that Council had ~dec~ded to name the buildings, and was
April 7, 2003
Cupertino City Council Page 8
uncomfortable with the route that was taken. He said that because a letter was faxed to a
donor, it seemed that a deal had been offered and accepted.
Kwok agreed that the policy is not yet ready, and that all decisions should rest with the
City.
James saad the naming procedure seemed sample at the outset, but is a complex situation
wath moral, ethmal, and legal dilemmas. Sh~ smd the deal that was offered to and
accepted by Mr. Chan was not offered by the ~ntire Council, and she felt the Council's
constituents should have an opportunity to disct~ss whether the building names should be
sold. If the decision is made that the names '~ill be sold, all of the community should
have an opportunity to bid, and she asked that Council reconsider the offer made to Mr.
Chain
Sandoval said the Council should honor the co~nmitment made to the Foundation when
they were given the authority to solicit funds in ~xchange for naming, plaques, etc, so the
Foundation would not suffer a loss of credibility. She said the Council should decide
whether they want to distinguish between portions of the building or name the whole
building, decide whether the naming will be made in honor of a person or in recognition
of a cash contribution, and determine what steps should be taken if it were later found the
named person had done something wrong.
Chang said that the integrity of the Foundatio
uncomfortable with how this situation has bec
"selling," "bidding," and "secret." The Coun
Foundation's efforts or not, and should be consi
The Council members concurred that James
refine the naming policy, taking into considerati
RECESS
fundraisers was important, and he was
)me sensationalized by using words like
:il must decide whether they support the
;tent in their approach.
td Chang will work with staff to further
>n Council's comments at this meeting.
The Council meeting was in recess from 9:47 p.m. to 9:~8 p.m.
NEW BUSINESS (continued)
25.
Authorize a revised public participation process ~or the General Plan review.
Mayor Chang reported that Barbara Rogers had been in attendance but had to leave, and
asked him to convey her support of the staff pro
Dennis Whittaker read a prepared statement fn
asked Council to establish an on-line systen
Cupertino residents to provide input on the
building height, setbacks, etc. He offered the
this goal.
~osal.
,m Concerned Citizens of Cupertino, and
t, and in the Cupertino Scene to allow
Jeneral Plan and issues associated with
assistance of his group in accomplishing
April 7, 2003 (~upert{no C{ty Coune{1 Page 9
Jennylea Sepulveda said that 25 of the 60 slotsI open were people appointed by the City
Council to commissions. She suggested tha~ the Council members each select one
representative, and let the community select tl~e rest. She noted that renters are often
transient and don't pay property tax, so they lshould not be involved developing the
general plan for city.
26.
Penny Whittaker said she liked the idea of larg~
of Cupertino, not just 60 people.
Council members offered suggestions for the
Development Director Steve Piasecki said that
with a rewsed hst based on Council s comment,
Receive report and consider adopting a City pol
No. 03-070.
Public Works Director Ralph Quails distribut
which included a revised resolution. Coun
memorandum from Council member Dolly
community input. This will represent all
,ublic participation process. Community
staff will report to Council in two weeks
cy on responsible contracting, Resolution
~'d a supplemental report dated April 7,
:il members also received a copy of a
mdoval dated April 3, titled Item 26 ~
Proposed Responsible Contracting Policy ~
Kim Talamantes said she was speaking regarding her husband Ralph and his business,
Tally Construction, and she read a prepared stgtement referring to some work they had
performed for the city without realizing the wot:k required payment of prevailing wages.
She said they had letters from two employees acknowledging that the City never
informed Tally that prevailing wages were rbquired. The situation was allowed to
continue for 3 years, and then Tally Construcl
Tally Construction had been singled out, and nc
projects. She said that Tally Construction belie
a small company that takes great pride in their'
a number of emergencies, and it has performed
and sometimes without charge. She further stat,
failure to pay prevailing wage an unintentional
Jay James, representing the Santa Clara Cot
California State Law requires that prevailing w~
said that the responsible contracting policy sho~
ion was fined. Ms. Talamantes felt that
.w they will not be allowed to bid on new
red it was paying the correct wages. It is
york and quality, it has helped the City in
work for senior citizens at reduced rates,
~d that the Labor Commission found their
,roblem.
nty Building Trades Council, said that
ges shall be paid for all public works. He
tld address wages as well as safety issues,
training apprentices, etc. He also stated that eml~loyers should know the law, and disputed
claims made by Ms. Talamantes. I
Sandoval referred to the memorandum she had distributed, and said she felt a 5-year
limitation on claims was more appropriate tha~ 2 years, because the particular issue that
brought this matter to Council's attention too}c 3 years to resolve. She also felt that
contractors should be required to declare pending claims, to help the City identify
patterns of abuse.
April 7, 2003 Cupertino City Council Page 10
Sandoval also distributed a document, which she described as a minor revision, prepared
in consultation with the City Attorney, to the previously distributed document on
amendments to the staffpolicy.
Qualls said that he had discussed the new h~dout with the City Attorney and City
Manager, and there were three concerns. The n~w policy wording would not provide any
additional assurance of a responsible bidder. I~would also put the City in a new role as
the court of first resort, as well as being responsible for arbitration between contractors
and third parties.
City Attorney Charles Kilian noted that the other agencies charged with enforcing the
laws of California all have long period of time ih which to enforce the roles. The City has
a different set of values, because they are r~quired to enforce laws, but must also
complete a project on time and within budget. [Bids received by the City are normally
good only for 90 days. He said that a 3-year re~luirement regarding pending claims may
be okay, but could impact the timing if research ~s required.
Lowenthal/James moved to approve the staff recommendation and amended resolution,
with a change to paragraph 3 to say that bidder~ shall be deemed non-responsible if they
had any claims filed against them within four 2~ears prior to the bid opening. Sandoval
offered a friendly amendment that Council wtll continue discussion of her suggested
wording regarding a self-funded enforcemenI. Lowenthal and James accepted the
amendment, and the motion camed by the foll4~wing vote: Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes None. Absent: None.
The self-funded enforcement mechanism wo~
follows:
The City shall provide for the enforcement
the duration of a public works contract. Ar
violation of this policy with the office ~
providing a deposit or bond sufficient to pa.'
be promptly investigated by the City staff.
ding to be considered further reads as
3f the prevailing wage statute throughout
y party may level a complaint alleging a
~f the Director of Public Works. After
for the investigation, the complaint shall
Jpon the conclusion of this investigation,
an initial determination shall be provided to both the complainant and the target of the
investigation. If the parties mutually agreel to accept the determination of the City
staff, the losing party will pay the costs of the investigation. If the parties dispute the
finding of the City staff, a third party arbitrator will be appointed to review the
complaint and the materials and results of the staff investigation and shall provide a
final determination. The costs of the arbitrator and any other costs associated with the
ongoing investigation will be paid by the 14~sing party. A complaint filed under this
provision shall not impair the contractor's Obligation to continue the project through
to completion. ~
The Public Works Director said that he wishet~ to clarify with Councilwoman Sandoval
that the further work to be done would be on S~ction 6 of the most recent version of her
Ap~17,2003
27.
Cupertino City Council Page 11
document. He said the recent changes clarifier~ a couple of his concerns. The Director
asked the Mayor if staff could have some time ~n this, maybe a couple of months, since
there are three major projects going out to bid.
Set a public hearing for a General Plan amenc
property on Stevens Creek Boulevard, specif
appurtenant parking, from General Plan desigr
Commercial or another zone as deemed appropr
ment/zoning change on a portion of city
cally the Blue Pheasant Restaurant and
ation: Public Park/Recreation to Planned
ate by the City Council.
Parks and Recreation Director Therese Smith re
The following individuals commented on the itc
Robert Levy, 10802 Wilkinson Avenue, said th
something should be done to increase the arum
it. He suggested a shorter-term lease. He also
the visioning kits when they are ready.
~iewed the staff report.
rn:
~t if the Blue Pheasant is left as it is, then
nt of money each year that is made from
tsked Council to consider the input from
!
Peter Rasmussen, 10309 McKlintock Lane, owner of the Blue Pheasant restaurant, said
he had been told that the previous City Manager. had said that the Blue Pheasant could
operate until the year 2016. He said that approximately 30 employees would lose their
jobs if rezoning occurred. He said the City promised to work with the Blue Pheasant to
continue to renew their lease. He doesn't think
best interest at this time. He thanked the citiz
years and said, "I give up."
JoAnne Tong, 22339 McClellan Road, distril
asking that no General Plan amendments be
that pursuing a zoning change is in their
ms of Cupertino for their support for 30
,uted a petition from Cupertino citizens
allowed until the new General Plan is
adopted. She also asked the Council members t~ respond regarding the request to have a
City website available for the Cupertino community to vote and respond to issues
regarding the General Plan. I
Rusty Britt, 20850 Peppertree Lane, turned in 80 additional names on the petition. She
was not in favor of any zoning changes to The Blue Pheasant property until the Stevens
Creek Corridor Plan is adopted. I
Edward (Ned) Britt, 20850 Peppertree Lane, st~bmitted additional petitions. He said that
an on-line group was formed called The Concerned Citizens of Cupertino and people can
make comments on their website about making~hanges to the General Plan. He said that
people are passionate about wanting to stop the [ide of development.
Dennis Whittaker, 20622 Cheryl Drive, also sp~ke about the petitions that were turned in
and agreed with the previous speakers.
Jennylea Sepulveda, said she also turned in a petition of 80 names. She said that each
wanted to voice their opinion about not being ~ appy with the current quality of life in the
April 7, 2003 Cupertino City Council Page 12
28.
City due to overpopulation and density. She
considered to be affordable housing.
LeAnne Cooley, 10421 Castine Avenue, also
signers felt disappointment, anger, and frustra
Center. They felt the height and density had
community to that of a big city. By continuing
the elected officials are not protecting the ch~
outside groups have more influence than the citi
Patricia Smith, 10317 Cold Harbor Avenue, ask
asked what the dollar amount Council
submitted petitions and said that many
ion about the new buildings at the City
rrevocably changed the character of the
to allow exceptions to the General Plan
racter and assets of the community and
tens.
ed for written clarification about the laws
governing the General Plan amendment process.l
City Attorney Charles Kilian explained tha
amendments together and package them as one.
non-conforming use which means that if there ~
amendment or rezoning, that use could still co~
City is going to renew the lease, it should b,
require a use permit, a zone change, and a Gene]
the City is able to bundle multiple
He also said the Blue Pheasant is a legal,
ias nothing done as far as a General Plan
tinue. The lease ends in a year, and if the
a legal, conforming use, which would
al Plan amendment.
Community Development Director Steve Pias~cki further clarified that citizens in the
neighborhood would have an opportunity to prpvide input on the operation of the Blue
Pheasant. He said there was no proposed high-r/se housing or additional building of any
kind. The Council's action tonight would allow ~he public input process to take place.
Council asked staff to research the feasibility o4 a website for community members to be
able to understand and participate in the Genera~Plan process.
James/Lowenthal moved to authorize a ~ublic hearing for a General Plan
amendment/zone change to add the option of c, mmercial uses on the Blue Pheasant site
and the associated parking. Vote: Ayes: Cha ag, James, Lowenthal, Sandoval. Noes:
Kwok. Absent: None.
Council members selected the following dates:
A. Study session on Vallco - April 15, 2~03,
Room C
6:00 p.m.-8:00 p.m. in Conference
Study session(s) on the budget - May
10:00 p.m.
Set a meeting with Supervisor Liz Knis
in Cupertino
27, 2003, 4:30 p.m. until approximately
for May 5 at 5:30 p.m. to discuss issues
Council members had a conflict with the graduation ceremony for Tomorrow's
Leaders Today, and asked if the Supervi ;or would be available on another day.
April 7, 2003 Cupertino City Council Page 13
ORDINANCES
29.
Conduct the second reading of Ordinance No.
of the City of Cupertino Amending Chapter
Roller Skating at the Civic Center Plaza."
James/Lowenthal moved and seconded to read
City Clerk's reading would constitute the seco~
Kwok, Lowenthal, Sandoval. Noes: None. Abse
916: "An Ordinance of the City Council
1.08.270 Related to Skateboarding and
the ordinance by title only and that the
td reading thereof. Ayes: Chang, James,
It: None.
James/Lowenthal moved and seconded to engct Ordinance No. 1916. Ayes: Chang,
James, Kwok, Lowenthal, Sandoval. Noes: Non~. Absent: None.
STAFF REPORTS
30. Receive a monthly status report on the Cupertin~ Civic Center and Library Project.
Council waived the report because of the latene., s of the hour.
COUNCIL REPORTS - None
CLOSED SESSION - None
ADJOURNMENT
At 12:36 a.m. Council adjourned to Tuesday, April lq at 6:00 p.m. in the Cupertino City Hall
Conference Room C for a study session on Vallco, 103~0 Torre Avenue.
Kimberly SmitllfC~iy Clerk
For more information: Staff reports, backup materials4 and items distributed at the meeting are
available for review at the City Clerk's Office, 777-322).
Televised Council meetings may be viewed live on C*le Channel 26, and may also be viewed
live or on demand at www.cupertino.org. Videotapes ~f the televised meetings are available at
the Cupertino Library, or may be purchased from the Ct~pertino City Channel, 777-2364.