CC 09-05-00 APPROVED MINUTES
cuP~.RTn~o cixv COUl~Cn.
Regular Adjourned Meeting
Tuesday, September 5, 2000
CALL TO ORDER "
At 5:30 p.m. Mayor Statton called the meetSng to order in Conference Room A, 10300 Tone
Avenu~ Cupertino, California.
ROLL CALL
City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council
members Don BurneR, Michael Chang, and Richard Lowenthal. Council members absent: None.
Staffpresent: City Clerk Kimberly Smith.
INTERVIEWS OF APPLICANTS
1. Conduct interviews and appoint candidate to the Parks and Recreation Commission.
'Council interviewed the following individuals: Mr. Geoffrey Patnoe, Ms. Madeleine
K~of, Ms. Jeanne Bradford, and Ms. Mary Jo Gunderson. Council appointed Ms. Jeanne
Bradford to the term ending January 2003 on a 4-1 vote (Burnett- no).
RECESS
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Statton called the meeting to order in the cOuncil Chambers and led the
Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council
members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: None.
Staff present: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Community Development Director Steve Piasecki, Public Information
Officer Donna Krey; Public Works Director Bert Viskovich, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
POSTPONEMENTS - None
geptem~er E, 2000 Cupertino City Council Page
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Mr. Alvin DeRidder, 19146 Anne Lane, discussed a safety hazard at 19160 Stevens Creek
Boulevard, where a portion of sidewalk does not exist. Nearby on Anne Lane there is a home for
the disabled, and many times he has seen people in wheelchairs go out into the street to skirt this
area. He had raised the issue at the Planning Commission twice before and was told they were
working with the property owner. Mr. DeRidder felt the safety issue should be addressed
immediately, and even temporary blacktop in that area would improve the situation. Mayor
Statton asked that the Public Works Director address the problem and report back to ~ouncil at
the next meeting.
Mr. EJ. Conens asked that the city donate $5,000 for a World War I memorial to be built in
Wash'mgton D.C. at a cost of $100 million. He said that it would be a small token of
appreciation for the service given. James noted that a World War II veteran, Mr. J~ry Lewis,
would be honored later this week at a ceremony at the Good Samaritan Church.
Ms. Carol Baker, 10327 Cold Harbor Avenue, said she represented a number of neighbors
concerned about the skate park being considered for Wilson Park. She submitted a petition with
75 signatures in opposition, and said they were continuing to collect more. This is a small
neighborhood park with two large baseball fields, which are barricaded and padlocked. The
picnic table area is all that is leR for neighborhood use, and that would be lost if a skateboard
park were added. The neighbors were concerned about noise and the increased impact on
parking, which is already difficult when Little League games are occurring. She said the
neighborhood had not been notified about the selection of this site, the selection of the architect,
or any other part of the process.
James said that a site had not been selected, and both Wilson Park and $ollyman Park were being
considered. Meetings would be held in each neighborhood so that residents can give their input.
The meeting at Wilson is scheduled for September 13, and is open to the public. At that time
there will be an opportunity for the neighbors, skateboarders, parents, and law enforcement to
discuss the issues.
CONSENT CALENDAR
James moved to approve the items on the Consent Calendar, as recommended. Chang seconded
and the motion carried $-0.
2. Minutes: August 21, 2000, regular meeting.
3. Accounts payable: August 18 and August 25, Resolutions 00-228 and 00-229.
4. Payroll: August 18, Resolution 00-230.
geptember .q, 2000 ~per/~no ~ty C~oune~] ])age
Review of application for Alcoholic Beverage Control license for Taipei Stone House
Restaurant, 10877 N. Wolfe Road.
6. Acceptance of street improvements (documentation not required):
a. Steven Fondado, 10315 Orange Ave., APN 357-15-059
b. Jayesh P. Parikh, 22092 San Femando Ct., APN 357-12-010
7. Impwvement Agreements
(a) Shen-Wei Shiao and Tai-Yi Shiao, 21799 Almaden Ave., APN 357-15-092,
Resolution 00-231
Co) KC&J Investments, LLC, 22393 McClellan Rd., APN 357-05-011, Resolution 00-
232
8. Abandonment of roadway: Bud Barkley, Stevens Canyon Road, Resolution 00-233. (The
City Clerk handed out a revised resolution, and the Public Works Director noted that the
staff report should have referred to Ricardo Road, not Regnart Road).
9. Roadway easement: KC&J Investments, LLC, 22393 McClellan Rd., APN 357-05-011,
Resolution 00-234.
10. Quitclaim deed: KC&J InVestments, LLC, 22393 McClellan Rd., APN 35%05-011,
-- Resolution 00-235.
Vote Council members
Ayes: Bumett, Chang, James, Lowenthal, and Statton
Noes: None
Absent: None
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
PUBLIC HEARINGS - None
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
11. No solicitation ordinance: First reading of ordiwnce No. 1854, "An Ordinance of the
City Council of the City of Cupertino Adding Chapter 10.80 to the City's Municipal
~- Ordinance Code Prohibiting Soliciting on Designated Public Rights-of-Way."
$~pternber 5, 2000 Cupertino City Council Page
Administrative Services Director Carol Atwood reviewed the staff report and said this
ordinance was developed in response to a concern about the opening of the new Home
Depot store and the gathering of people who are soliciting employment as construction
workers.
City Attorney Charles Kilian said that the ordinance is patterned after one adopted by San
Jose. It is a simple olrlinance, but difficult to enforce.
The City Clerk read the title of the ordinance. Bumett moved and James 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.
12. Review of bid and award of contract to Republic Electric for South Stelling Road Bicycle
Lane Improvement Project No. 9412 and Miller Avenue Bicycle Lane Improvement
Project No. 9438 (agree~uent 00-092).
Bert Viskovich, Public Works Director, reviewed the staff report. He said that only one
bid was received, but it was below the engineer's estimate, and he recommended award
of the project to Republic Electric in the amount of $138,887.50 with a 10% contingency,
for a total of $152,776.25.
Lowenthal moved to award the contract to Republic Electric. Bumett seconded and the
motion carried 5-0.
13. Amend municipal code regarding stop signs at certain intersections: reading of Ord'mance
No. 1855, "An Ordinance of the City Council of the City of Cupertino Amending Section
11.20.030, All Directional Vehicular Stop Required at Certain Intersections, to Include
North Portal Avenue at the Intersection with Wheaton Drive."
Bert Viskovich, Public Works Director, reviewed the staff report and said it is necessary
to establish a four-way stop at Portal Avenue and Wheaton Drive. The city has recently
installed a circle at that intersection, and the stop signs will force vehicles to stop before
proceeding, and allow staff to monitor necessary modifications in order to provide safety
and meet the goal of slowing traffic and protecting pedestrians.
Burnett said that four stop signs at a roundabout was contrary to the intent of the feature,
but this particular location needed more work and money to make it a functional
roundabout and he thought that should be done. True traffic calming should beautify the
area, and this roundabout needs landscaping.
Mr. E.J. Conens said he thought the project should be designed and installed properly the
first time instead of making more and more additions and changes.
September 5, 2000 Cupertino City Council Pa e 5
The City Clerk read the title of the ordinance. James moved and Chang 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.
ORDINANCES
14. Rezoning: Second reading and enactment of Ordinance No. 1552, '~An Ordinance of the
City Council of the City Of Cupertino Approving the Rezoning of a 0.96-Acre Lot From
P(Cg) to P(Res) Located At 22020 Homestead Road".
The City Clerk read the title of the ordinance. Bumett moved and Chang seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Motion carried 5-0.
Burnett moved and Lowenthal seconded to enact Ordinance No. 1852. The motion
carried 5-0.
15. Park Maintenance and Dedication Fees: Second reading and enactment of Ordinance No.
1853, "An Ordinance of the City Council of the City of Cupertino Amending Chapters
14.05 and 18.24 to Clarify Park Maintenance and Dedication Fees."
The City Clerk read the title of the ordinance. Bumett moved and Lowenthal seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the
second reading thereof. Motion carried 5-0.
Bumett moved and Lowenthal seconded to enact Ordinance No. 1853. Motion carried 5-
0.
STAFF REPORTS - None
COUNCIL REPORTS
Bumett discussed transportation Measure A and said that it was strongly supported by the city
governments in this county. He was strongly in favor of it and said that it has the flexibility
needed for a 30-year program. He also discussed the decisions to be made about a new bus fleet,
which must be zero emmission vehicles by 2010.
Chang said that he attended the Chinese-American tournament and the Mayor did a great job,
and even ran a lap with the torch. He also announced that the second annual Moon Festival
would happen next weekend.
Lowenthal said that the City Council had just finished interviewing candidates for the Parks and
Recreation Commiasion, and it was good to see how effective the Leadership Cupertino pwgram
has been, it really showed up in the quality of the applicants. He also said there are many
opportunities for good trails in the area, and he was happy with how well the Parks and
Recreation staff was doing without a director in place.
September 5, 2000 Cupertino City Council Page 6
James noted that the Cupertino Community Services (CCS) annual barbecue will take place this
Saturday.
Statton said that Diane Snow had arranged a great luncheon for the senior center volunteers, who
were treated to a tour of the new senior center'that is still under construction.
CLOSED SESSION - None
ADJOURNMENT
At 7:22 p.m., the meeting was adjourned.