CC 10-19-98 MINUTES
Cupertino City Council
Regular Meeting
Monday, October 19, 1998
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Chang called the meeting to order 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 Wally Dean,
Councilmembers Don Bumett, Sandy James, and John Statton. Council members absent:
None.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; Deputy City Attorney
Eileen Murray; Administrative Services Director Carol Atwood; Community Development
Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information
Officer Donna Krey; and Public Works Director Bert Viskovich.
CERgMONIAL MATTERS - PRESENTATIONS
Mr. Harry Bettencourt, representing Fremont Union High School District, showed a brief video
and highlighted the programs which will take place at the National Association of Student
Councils (NASC) 2000 Leadership Conference to be held at Monta Vista High School. He also
introduced three of the student co-chairs, who discussed their training experiences at a previous
conference.
Mayor Chang presented a proclamation recognizing the Rotating Shelter Program, Mr. Howard
Bauman, representing Faith in Action and Cupertino Commnnity Services (CCS), explained
that the shelter provides housing, meals, counseling, job preparation skills, computer training,
etc., for 16 residents. This is done in local churches on a rotating basis each month. He
introduced the other individuals who administer the program, including Irma Anderson, and
Mary Ellen Cheil, CCS, and Cathy Edwards, Faith in Action.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Dean moved to approve the items on the Consent Calendar as presented. Statton seconded and
the motion carried 5-0.
October 19, 1998 Cupertino City Council Page
1. Accounts payable - October 2, 1998--Resolution No. 98-246.
2. Accounts payable - October 9, 1998--Resolution No. 98-247.
3. Payroll - October 2, 1998--Resolution No. 98-248.
4. Minutes of the October 5, 19998, regular meeting.
5. Acceptance of Municipal Improvemems: (a) Chalet Woods, Gardenside Lane ~ Kingsbury Place.
Co) Kelly Gordon Development Co., 22110 McClellan Road (Tressler
Court), Tract 8960.
(c) Pacific Car Care LLC (Q Lube), 19480 Stevens Creek Boulevard.
6. Quitclaim Deeds & Authorization for Underground Water Rights:
(a) Kelvin and Martha Slum Ping Kang, 21900 Lomita Avenue, APN 357-15-003--
Resolution No. 98-249.
Co) Kevin L. And Tracy L. Erwin, 10385 Palo Vista Road, APN 357-03-026--
Resolution No. 98-250.
(c) Kevin C. H. And Lyrm M. Ching, 22450 Santa Paula Avenue, APN 357-05-
- 023--Resolution No. 98-251.
(d) Jeff and Mei Ping Wang, 21896 Granada Avenue, APN 357-16-023--
Resolution No. 98-252.
(e) Peng-Cheng Lin and Sue-May Jin, 22310 Janice Avenue, APN 357-02-031--
Resolution No. 98-253.
7. Orants of Easement, Roadway Purposes:
(a) Kelvin and Martha Shah Ping Kang, 21900 Lomita Avenue, APN 357-15-003--
Resolution No. 98-254.
(b) Kevin L. And Tracy L. Erwin, 10385 Palo Vista Road, APN 357-03-026--
Resolution No. 98-255.
(c) Kevin C. H. And Lynn M. Citing, 22450 Santa Paula Avenue, APN 357-05-
023--Resolution No. 98-256.
(d) Jeff and Mei Ping Wang, 21896 Granada Avenue, APN 357-16-023 --
Resolution No. 98-257.
8. Improvement Agreements:
(a) Kelvin and Martha Shah Ping Kang, 21900 Lomita Avenue, APN 357-15-003--
Resolution No. 98-258.
(b) Kevin L. And Tracy L. Erwin, 10385 Palo Vista Road, APN 357-03-026--
Resolution No. 98-259.
(c) Kevin C. H. And Lynn M. Ching, 22450 Santa Paula Avenue, APN 357-05-
023--Resolution No. 98-260.
(d) Dayton Hudson Co~pomtion (Target Stores), 20745 Stevens Creek Boulevard,
APN 326-32-055--Resolution No. 98-261.
MINUTES
Cupertino Cit~ Council
Regular Meeting
Monday, October 19, 1998
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean,
Councihnembers Don Burnett, Sandy James, and John Statton. Council members absent:
None.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; Deputy City Attorney
Eileen Murray; Administrative Services Director Carol Atwood; Community Development
Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information
Officer Donna Krey; and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
Mr. Harry Bettcncourt, representing Fremont Union High School District, showed a brief video
and highlighted the programs which will take place at the National Association of Student
Councils (NASC) 2000 Leadership Conference to be held at Monta Vista High School. He also
introduced three of the student co-chairs, who discussed their training experiences at a previous
conference.
Mayor Chang presented a proclamation recognizing the Rotating Shelter Program. Mr. Howard
Bauman, representing Faith in Action and Cupertino Community Services (CCS), explained
that the shelter provides housing, meals, counseling, job preparation skills, computer training,
etc., for 16 residents. This is done in local churches on a rotating basis each month. He
introduced the other individuals who administer the program, including Irma Anderson, and
Mary Ellen Cheil, CCS, and Cathy Edwards, Faith in Action.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Dean moved to approve the items on the Consent Calendar as presented. Statton seconded and
the motion carried 5-0.
October 19, 1998 Cupertino City Council Page
1. Accounts payable - October 2, 1998--Resolution No. 98-246.
2. Accounts payable - October 9, 1998--Resolution No. 98-247.
3. Payroll - October 2, 1998--Resolution No. 98-248.
4. Minutes of the October 5, 19998, regular meeting.
5. Acceptance of Municipal Improvements: (a) Chalet Woods, Gardenside Lane ~ Kingsbury Place.
(b) Kelly Gordon Development Co., 22110 McClellan Road (Tressler
Court), Tract 8960.
(c) Pacific Car Care LLC (Q Lube), 19480 Stevens Creek Boulevard.
6. Quitclaim Deeds & Authorization for Underground Water Rights:
(a) Kelvin and Martha Shah Ping Kang, 21900 Lomita Avenue, APN 357-15-003--
Resolution No. 98-249.
CO) Kevin L. And Tracy L. Erwin, 10385 Palo Vista Road, APN 357-03-026--
Resolution No. 98-250.
(c) Kevin C. H. And Lynn M. Ching, 22450 Santa Paula Avenue, APN 357-05-
-- 023--Resolution No. 98-251.
(d) Jeff and Mei Ping Wang, 21896 Granada Avenue, APN 357-16-023--
Resolution No. 98-252.
(e) Peng-Cheng Lin and Sue-May Jin, 22310 Jardce Avenue, APN 357-02-031--
Resolution No. 98-253.
7. Grants of Easement, Roadway Purposes:
(a) Kelvin and Martha Shah Ping Kang, 21900 Lomita Avenue, APN 357-15-003--
Resolution No. 98-254.
Co) Kevin L. And Tracy L. Erwin, 10385 Palo Vista Road, APN 357-03-026--
Resolution No. 98-255.
(c) Kevin C. H. And Lynn M. Ching, 22450 Santa Pauia Avenue, APN 357-05-
023--Resolution No. 98-256.
(d) Jeff and Mei Ping Wang, 21896 Granada Avenue, APN 357-16-023--
Resolution No. 98-257.
8. Improvement Agreements:
(a) Kelvin and Martha Shah Ping Kang, 21900 Lomita Avenue; APN 357-15-003--
Resolution No. 98-258.
CO) Kevin L. And Tracy L. Erwin, 10385 Palo Vista Road, APN 357-03-026--
Resolution No. 98-259.
(c) Kevin C. H. And Lynn M. Ching, 22450 Santa Paula Avenue, APN.357-05-
023--Resolution No. 98-260.
(d) Dayton Hudson Corporation (Target Stores), 20745 Stevens Creek Boulevard,
APN 326-32-055--Resolution No. 98-261.
October 19, 199g Cupertino City Council Page
(e) Philippe and Anne Dor, Balboa Road at Stevens Canyon Road, APNs 342-18-
032, 033, 034 & 035--Resolution No. 98-262.
(f) Cupertino City Center Owners Assn., Stevens Creek Boulevard at De Anza
Boulevard, APN 359-01-029 (Tract 953, Lots 1 and 9)--Resolution No. 98-264.
(g) Symantec Corporation, De Anza Boulevard, APN 369-01-035 (Tract 7953, Lot
5)--Resolution No. 98-265.
(la) Jeff Yang and Mei Ping, Wang, 21896 Granada Avenue, APN 357-16-023--
Resolution No. 98-266.
9. E & H Third Family Limited Partnership, 10345 Tula Lane, APN 359-13-023: Parcel
Map, Improvement Agreement, and Improvement Plans--Resolution No. 98-263.
Vote Councilmembers
Ayes: BurneR, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
- PUBLIC HEARINGS
10. Prezoning of three single family residential properties to Pre-R1-5 (single-family
residential zoning district), 10-Z-98 (27-EA-98) City of Cupertino; APN # (s): 375-12-
010, 375-12-011,375-12-043; 10092, 10104 & 10116 Stem Avenue (east side of Stem
Avenue between Stevens Creek Boulevard and Loree Avenue). Negative Declaration
recommended. Recommended for approval:
(a) First reading of Ordinance No. 1800: "An Ordinance of the City Council of the
City of Cupertino Prezoning Three Existing Single-Family Residential Lots
Located at 10092, 10104, & 10116 Stem Avenue to Pre R1-5 (Single Family
Residential) Zoning Dislrict."
Ms. Catherine Thaler, 10116 Stem Avenue, said she was in favor of this action. She
thanked the Council and staff for their support and effort in addressing the situation.
Dean suggested that after these three lots are annexed, the City may wish to consider
annexing the neighboring parcel. Statton noted that the park fees for these parcels
went to the City of San Jose and did not benefit the local residents. Bumett said there
is some consideration of developing the land along Stevens Creek to provide some
park land for this area. Brown said that further discussions along these lines will be
pursued at~er the November election when it is known whether the Rancho Rinconada
area properties are to be annexed.
October 19, 199g Cupertino Ci~ Council Page
Burner moved to grant a Negative Declaration. James seconded and thc motion
carried 5-0.
Burner moved to approve the application per Planning Commission Resolution No.
4917. Dean seconded and the motion carried 5-0.
The City Clerk read the title of the ordinance. Burner moved and Dean 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
11. Report on commission and committee terms expiring Jan-ary 15, 1999; selection of
application deadlines and interview dates.
Council agreed upon the following dates:
Deadline for incumbents to apply: December 18, 1998
Extended deadline for non-incumbents December 23, 1998
Interviews: Wednesday, January 6, 1999, 6:30 p.m.
Thursday, January 7 (if necessary)
Statton asked that information about the vacancies be provided to the Chamber of
Commerce, 5C's mailing list, town hall mailing list, emergency preparedness mailing
list, and neighborhood organizations.
12. Recommendation from Human Service Funding Committee for 1998-99 funding
allocations.
The Public Information Officer reviewed the report.
Ms. Donna Di Minico, representing the Long Temi Care Ombudsman program,
thanked Council for their ongoing support. She explained that they provide advocacy
and complaint investigation services for three nursing homes and five assisted-living
facilities.
Ms. Mary Ellen Cheil, representing Cupertino Community Services, thanked Council
for their help. She said that CCS serves clients with an income of less than $27,000
per year. This year they have more clients with a deeper level of need, chiefly because
of the increase in the cost of housing. CCS has also doubled up on their food services
because welfare reform has resulted in the loss of food stamps.
October 10, 10911 Cupertino City Council Page 5
Statton moved to approve the recormnendation by the Human Services funding
committee for 1998-99 allocations, increasing the current budget by $15,570.
Support Network for Battered Women $5,200
Long-Term Care Ombudsman $4,420
Outreach & Escort $10,000
Cupertino Community Services $20,000
Cupertino Senior Day Services $9,500
Second Harvest Food Bank $4,500
STAFF REPORTS - None
COUNCIL REPORTS
City Manager Don Brown said that he wanted to acknowledge a very successful community
forum held last week. It was a chance for people to talk about controversial issues which had
taken place in the past, and how they were handled. It was good to have a place where people
could speak about their feelings without fear, and he appreciated the support from city council
He said that Laura Domondon Lee had done a great job as a coordinator in putting the whole
program together, and all of the facilitators were volunteers from the local community. Chang
agreed that the program had gone extremely well and the participants were able to express their
views in a con~tractive way.
James reported on the progress of the senior center expansion, and noted that the Chamber of
Commerce has a new business and education connection which she will be attending on behalf
of council. James said that last week Cupertino hosted the Government day program for the
teen leadership group of the City of Sunnyvale. Burnett said that he found it very enlightening.
He noted that these are a select group of young people. Although there was interest expressed
regarding a skate board or roller blade park and a teen center, for the most part their needs are
being met.
Statton reported on the Cities Association meeting frora last week. Skate board parks in Los
Altos, Gilroy, and Campbell looked like they will be a success, and the topic will be on the
agenda for Cupertino's teen task force. He suggested that the city began doing some additional
planning now since it is obviously going to be something for the council to consider. He noted
that there are also new libraries being considered around the county. Other issues raised at the
Cities Association are the problems with the wood smoke, and a model ordinance will be
distributed later this year on the topic. Statton also noted that the year 2010 report is out from
the Joint Venture Silicon Valley, but they neglected to refer to the City of Cupertino on the
cover of the report. Statton asked that the someone from staff attend the October 30th League
of California Cities program regarding mlnlmi~ing the effect of sexually oriented businesses,
and report back to city council.
Chang said that he will be representing the city at the League conference.
Octol~er 10, 100g Cupertino City Council Page 6
CLOSED SESSION - None
ADJOURNMENT
At 7:43 p.m. the meeting was adjourned.
City Clerk