CC 04-03-00 APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
April 3, 2000
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Vice Mayor Sames 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: Vice-Mayor Sandra James, and Council members Don BurneR,
Michael Chang, and Richard Lowenthal. Council members absent: Mayor $ohn Statton.
Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation
Director Steve Dowling, Public Information Officer Donna Krey; Public Works Director Bert
Viskovich, Planner Vera Gil, and Deputy City Clerk Robcrta Wolfe.
CEREMONIAL MATTERS - PRESENTATIONS
1. Report from city committee or commission: Planning Commission
.Andrea Harris, Chair of the Planning Commission, listed the members of the
commission and talked about their areas of expertise. She outlined what the commission
does, and described other committees on which the commission is represented. The 2000
Work Program/Goals of the commission included the five-year review of the general plan
and pre-planning of key planning areas such as Vallco, Compaq, and City Center. Ms.
Harris described some current projects under consideration, including Eichler
neighborhood design controls and Andronico's Market.
2. Proclamation recognizing Tri-County Apartment Association program "Moving in for
Less."
Vice Mayor James presented the proclamation to Kathy Thibodeaux, CEO of thc Tri-
County Apartment Association. Ms. Thibodcaux thanked the City and the Chamber of
Commerce for their partnership in the program. Linda Asbury, Executive Director of the
Chamber of Commerce, added her thanks and said this was a wonderful program.
Lowcnthal agreed that it was a great program, adding that there was no cost to thc city or
taxpayers. He hoped the program could be expanded to include people other than
teachers.
Aprll 2, 2000 Cupertino City Council Page 2
POSTPONEMENTS
James announced that Item 11, appeal by City Councilmember Don Bumett regarding Planning
Commission approval of minor modification of applications 3-ASA-00 and 4-ASA-00 for Oak
Valley houses, had been withdrawn.
WRITTEN COMMUNICATIONS - There were none.
ORAL CONIMUNICATIONS
Katie Bondelie, 20803 Alves Drive, representing the Northwest YMCA, invited
Councilmei~hers to YMCA Healthy Kids Day on April 8 from 10:00 a.m. to 2:00 p.m.
Robert Levy, 20802 Wilkinson Avenue, expressed disappointment with some of Council's
actions. He referred to a previous discussion regarding the Sports Center and to a letter he had
distributed regarding permit parking. He said he was impressed with the commissions and
committees appointed by council.
Christine Pierce, 21869 Garden View Lane, spoke regarding council's decision regarding
replacement of the Oaks Theater with an Andronico's Market. She asked them to consider the
impact and perhaps do an environmental impact report. She also invited them to examine the
markets within driving distance and affordable family entertainment within the city. She read a
petition that was being circulated, and asked council to consider what was the highest and best
use for the property.
CONSENT CALENDAR
Chang moved to approve Consent Calendar items 3-10. Bumett seconded and the motion
passed 4-0.
3. Minutes: March 10 regular adjourned meeting, March 20 regular meeting, and March 24
regular adjourned meeting.
4. Accounts payable: March 17 and March 24, Resolutions 00-099 and 00-100
5. Review of application for Alcoholic Beverage Control license: Dubon Liquor, 10073
Saich Way.
6. Consideration of request from Cupertino High School PTA for waiver of use fees in the
amount of $77.25 for use of the Quinlan Community Center.
7. Improvement agreement: James Jyh-Gang Yeh and Doris Tau-Wen Yeh, 10354 Imperial
Avenue, APN 357-19-049, Resolution 00-101.
8. Acceptance of municipal improvements: Emily Chen, 10346 Stelling Road, APN 359-13-
.... 040; Daren Shu (Creative Construction), 20760/20762 Lomita Avenue, APN 357-18-001.
9. Quitclaim deed: James Jyh-Gang Yeh and Doris Tau-Wen Yeh, 10354 Imperial Ave.,
APN 357-19-049, Resolution 00-102.
2000 Cupertlno City ~ounc{l Page 3
10. Setting a public hearing to discuss the removal of a traffic barrier at Stevens Creek
Boulevard and Vista Drive, Resolution 00.103.
Vote Councilmei~bers
Ayes: Burnett, Chang, James, and Lowenthal
Noes: None.
Absent: Statton
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR- None.
PUBLIC HEARINGS
11. Appeal by City Councilmernber Don Burnett regarding Planning Commission approval
of minor modification of applications 3-ASA-00 and 4-ASA-00 for Oak Valley houses
Burnett explained that he had withdrawn the appeal because the developer had agreed to
put in more housing of the type he had suggested. No action was required.
12. Community Development Block Grant: public hearing to review and approve use of
twenty-sixth year (2000-2001) Community Development Block Grant (CDBG) funds:
· - (a) Authorizing Submittal of Funding Proposal for the Twenty-sixth Program Year
(2000-2001) of the Community Development Block Grant (CDBG) Program,
Resolution 00-104.
Planner Vera Gil described the CDBG national objectives and eligible activities. A
maximum of $34,507 can be used this year for public services, which must benefit very
low and Iow-income households and include activities such as fair housing activities,
childcare, placement services, and senior legal services. She listed the priorities set by
council in January and presented background information on the housing rehabilitation
program.
Georgia Bacil, directing attorney of Senior Adults Legal Assistance (SOLA), 160 E.
Virginia St., #260, San lose, 95112, said the $5,000 they currently receive from
Cupertino enabled them to expand services at the Cupertino Senior Center from 48
appointments annually to 96 annually. She noted that 70 percent of the Cupertino
residents seen by SOLA are being served at the Cupertino Senior Center. The additional
$1,500 proposed would allow them to add 24 appointments annually. She urged them to
approve the Housing Committee's recommendations.
Mary Ellen Cheil, CCS, said they had three requests: full funding for the rotating shelter,
full funding for affordable housing placement, and the pending project on Vista Drive.
She extended an invitation to a neighborhood meeting on April 6 at 6:00 p.m. regarding
- the latter project.
Burnett moved to adopt Resolution 00-104. Chang seconded and the motion passed 4-0.
April 5, 2000 Cupertino City Council Page 4
13. PrezoninE ora vacant residential lot to Pre Rl-10, application l-Z-00 (1-EA-00), Greater
Bay Construction, at 10322 lq. Stelling Road, A.Plq #326-30-089. A lqegative Declaration
is recommended, and this item is recommended for approval.
(a) First reading of Ordinance 1845, "An Ordinance of the City Council of the City of
Cupertino Prezoning an Existing Single-Family Residential Lot Located at 10322
Stclling Road to Pre Rl-10 (Single Family Residential) Zoning District."
Following a video roll-in, Community Development Director Steve Piasecki added that
the Planning Commission was reconunending approval of the prezoning. He said Santa
Clara CounW has no tree preservation policies relative to this property. He explained
how the pwperty in question was contiguous to Cupertino city limits.
Bumett moved to grant a Negative Declaration. Lowenthal seconded, and the motion
passed 4-0.
Burner moved to appwve Application l-Z-00 per Planning Commission Resolution No.
6008. Chang seconded, and the motion passed 4-0.
The Deputy City Clerk read the title of the ordinance. Burnett moved to read Ordinance
No. 1845 by title only and the City Clerk's reading to constitute the first reading thereof.
Lowenthal seconded, and the motion carried 4-0.
PLANNING APPLICATIONS - None.
UNFINISHED BUSINESS - None.
14. Appointments of two at-large members on the Library Building Steering Committee.
City Manager Brown distributed a list of those nominated by council members. Each
Councilmember talked about their choices.
Following discussion, Council agreed to expand committee membership, and directed the
Director of Public Works to compile a list of nominees after Councilmembers confirm
they are willing to serve on the committee. By consensus, they continued the item to
April 17.
NEW BUSINESS
15. Report on residential permit parking and consideration of permit parking at two locations:
(a) Designating permit parking along Hyannisport Drive between Fort Baker Drive and
Linda Vista Drive, Resolution 00-092 (continued from March 20, 2000)
(b) Designating permit parking on Dolores Avenue between Byme Avenue and 200 ft. west
of Orange Avenue, Resolution 00-105
Public Works Director Viskovich presented staff's recommendations.
Burnett said he was in favor of the existing permit parking policy in general and thought
it worked well for the community.
April 3, 2000 upertlno ity ouncll Page
Matt Bettencourt, 22353 Upland Court, Monta Vista High School ASB President, talked
about displacement of students because of school renovations and said enachuent of
permit parking on Hyannisport would impact the student's transportation to school.
Elaine Klapproth, 10360 Phar Lapp Drive, Monta Vista High School parent, said that
limiting parking to residents only near the high school would put a burden on students,
teachers, and construction workers and would force drop-off driving. She urged council
to advise residents to be more tolerant and residents to support neighboring schools.
Jim Ahn, Monta Vista student, said they should treat Hyannisport like any other street in
town. He said it was understandable that there are pwblems. He said the law would not
solve those problems but would divert traffic to other streets. He asked Council to
consider the serious consequences it would have on the community. He said he hoped
they could reach a solution where everyone would benefit.
$oyce Yee, 21336 Amulet Drive, Monta Vista High School PTA president, said she was a
parent of students at Monta Vista and Kennedy Junior High. She said the parking lot and
street are full early in the morning. She talked about impacts if they cannot park on
public streets and said she hoped the city council and the immediate neighborhood would
realize the congestion is a small price to pay for what would be a benefit for the
community.
-- David Low, 21736 Noonan Court, felt stwngly about this issue. He said he had
sympathy for the problems facing the neighbors but did not think permit parking was the
answer. He said one alternative would be an "adopt-a-block" program which would help
keep the area clean and free of litter and improve communication.
Alexandra Kao, 21796 Hyannisport Drive, described problems including blocking of
driveways and parking on days when the street sweeper is scheduled.
Victoria Gomez, 21880 Dolores Avenue, said this was not a new problem. She had
attended meetings at the school, and no agreement was ever reached. Speeding,
vandalism, smoking, trashing, blocking of mail boxes, hydrants and garbage pickup, and
loud music were some of the problems faced by residents.
Palani Balusubraman, 21856 Dolores Avenue, expressed a general concern regarding
garbage pickup and street cleaning. On a personal level, he had almost been involved in
an accident. He suggested using Blackberry Farm for parking.
Rosemary Winlaw, 22024 Baxley Court, said her daughter is a student at Monta Vista.
She said the school does not provide haasportafion for those participating in sporting
events except for football. She described other alternatives and asked council to consider
them. She said the situation would only last until construction is complete.
_ Hamid Soleimani, 21900 Dolores Avenue, agreed with Ms. Gomez and other speakers.
He said he did not have a problem with parking per se, but with the behavior of the
students and the continuing inconvenience. He said the neighbors do understand the
privileges they have and the needs of the students.
Apr'! 3, :2000 C~upe~ino (~ity Council Page
Katie Allen, 10120 Lockwood Drive, parent of Monta Vista and Kennedy students, said
she believed the issue was a balance of general community needs against the needs of the
neighborhood. She said when she bought the property, she was aware of the positives
and negatives. She thought the problem had arisen because of the improvements being
made at the school. She said she hoped that the neighbors would consider that when
you buy a house near a school, you know ahead of time what you will face. She said it
was difficult for her or others with a physical disability to go to Monta Vista.
Eric Yang, 21855 Dolores Avenue, spoke in support of his neighbors and said he had
experienced the same things. He said he was not suggesting a yes or no vote on permit
parking. He felt the city council needed to take leadership and find a real solution,
perhaps use of Blackben'y Farm or ask students to buy parking permits. He said there
needed to be accountability.
Dennis Yau, 21795 Hyarmisport Drive, said he was there to request an extension of
permit parking to his street. He asked if any city council members lived on a street like
Hyannisport. He had been blocked in and almost involved in an accident. He
emphasized that students do not have a choice, but there are alternatives such as parking
at Blackberry Farm or riding bicycles. He described safety hazards that exist and said
traffic and parking will get worse when more entrances are opened up at Kennedy. He
said he would like the problem to be resolved.
E. H. Kawasaki, 21805 Hyannisport Drive, showed a video of the traffic and parking
probleaxs that occur on Hyannisport.
Sandy Ravizza, 21945 Hyannisport Drive, continued with the video and said she was in
favor of getting rid of permit parking in all areas so they can all share the problem. She
showed fliers distributed to students and said some of them had been dropped on the
ground.
Marilyn Callender, 21865 Hyannisport Drive, said there is a problem on their part of their
street. She had called law enforcement to have them ticket cars. There are problems with
deliveries, service people, and safety. She said something needed to be done, and
perhaps removing permit parking was the answer.
Liz Stapleton, 21906 Hyannisport Drive, said she had experienced the same problems.
She applauded Monta Vista students for proposing solutions. She said they needed to be
consistent. Creative solutions had been mentioned. She suggested that if those do not
work, they do away with permit parking.
Leslie Burnell, 21466 Holly Oak Drive, made the following suggestions: 1. Fence the
school and require everyone who parks there, including teachers, to car pool with at least
three people in a car. 2. Regarding permit parking, institute a program to allow parking
only on a certain day of the week on different streets to distribute the problem.
Parks and Recreation Director Dowling said he had been contacted by district
administration about the possibility of using Blackberry Farm, and they are attempting to
solve the problem on campus.
City Manager Brown had talked to thc superintendent and understood they were going to
try some on-campus parking management techniques. Blackberry Farm could be a
backup up provision.
Pubhc Works Director Viskovich said that in certain areas such as Faria School, the
school issues permits.
Lowenthal said he thought bad behavior of students was the reason for this item. He said
he did not hke the idea of giving out permit parking block by block. Public parks,
libraries, and streets are paid for by everyone and everyone should be able to use them.
He believed that permit parking in the area should end when the renovation is finished.
He thought using Blackberry Farm or issuing permits to students might be solutions. He
thought they ought to implement thc adopt-a-block program regardless of the outcome of
this hearing. For the record, he stated he has a daughter who is a student at Monta Vista,
but she does not drive.
Chang agreed that it was mainly a behavior problem. He said even though they are
public streets, he did not think people should be subjected to that on a daily basis. He
supported Blackberry Farm as a backup for parking. If possible, the city and the school
should work together. He did not think it was time to eliminate permit parking, and he
would support it near institutions. He agreed there should be a time limit and suggested
that they look at the issue after the renovations are completed.
Burner thought Blackberry Farm was good solution. He said they were talking about
inconvenience, but agreed there was a legitimate concern regarding picking up students
for after-school activities. He said perhaps the solution was a combination of Blackberry
Farm and designated spots on campus. In thc areas around De Anza College, permit
parking works, and his vote would be to allow permit parking.
James said these are pubhc streets and there should be a better way than permit parking.
She agreed that students do have to go to work or activities after school. She said there
arc creative solutions such as adopt-a-block and using Blackberry Farm. She said the city
needed to enforce its laws, and the school must take a pro-active approach.
City Manager Brown said the problem was not caused by the city but it became our
problem. The fundamental issue is whether to take away permit parking or provide
permit parking for those who are closer.
Viskovich said people have not asked for permit parking until other solutions were
exhausted. He suggested that they implement these requests on the basis that they are the
last. If parking is still problem, they would look at other solutions. This solution has
worked. They will continue to work with the school district.
By consensus, council continued the matter to May 1. They also directed staff to notify
affected neighbors including those on Byme Avenue, and to work with representatives
from the school district on possible solutions.
April 3, 2000 Cupertino City Council Page
ORDINANCE
16. Second reading and enactment of Ordinance No. 1844: "An Ordinance of the City
Council of the City of Cupertino Amending Chapters, 2.32, 2.90, 16.28, 17.44, 19.28,
19.32, 19.36, 19.48, 19.56, 19.60, 19.64, 19.80, 19.132 and 19.134 of the Cupertino
Municipal Code to Shi/t Design Review to the Design Review Committee."
The Deputy City Clerk read the title of the ordinance. Bumett moved to read Ordinance
No. 1844 by title only and the Deputy City Clerk's reading to constitute the second
reading thereof. Chang seconded, and the motion carried 4-0.
Burnett moved to enact Ordinance No. 1844. Lowenthal seconded, and the motion
carried 4-0.
STAFF REPORTS
City Manager Donald Brown reviewed the recommendations of the Legislative Review
Committee as follows:
Support AB 2624 (Cox), mandate refoil,~; AB 2133 (Leach), school finance; SB liT1
(Alarcon), funding for State OES for disaster recovery plan; and AB 1756 (Scott), tax
credit for seismic retrofit of residential structures. Continue to support AB 2412
(Migden), sales and use taxes, retailers. Continue to oppose AB 83 (Cardenas), home
based businesses. Oppose SB 2000 (Polanco), sales tax redistribution; SB 1982 (Alpert),
local fiscal restructuring, county plan; and AB 2492 (Kuehl), stormwater, numeric
effluent limits.
Bumctt moved to appwve the recommendations. Lowenthal seconded and the motion
passed 4-0.
COUNCIL REPORTS
Lowenthal read a .note from thc City Manager regarding John Headland fmding a large amount
of money, credit cards and personal papers and turning it in.
Chang said he represented the city council at a Cities Association meeting at which there was a
presentation from the fire depa~huents in the county regarding building a h~ining facility at
Moffett Field.
James announced that Ma~ Ellen Chell, Executive Director of Cupertino Community Services,
was named Eleventh Senatorial District Woman of the Year by Sen. Byron Sher. She met with
Carl Guardino, Silicon Valley Manufacturing Group, regarding the housing trust fund. She
attended the Fremont High School 754 anniversary celebration. She said the enjoyed the
Pegasus tour and had learned a lot. She thanked Steve Piasecki.
April 3, II000 uper no City Council Page
AD,IOURNMENT
At 9:46 p.m., ~e mee~n~ w~ ~jo~ to ~:30~.m., April 10, 2000, Conf~c~ Room C~,
for a closed session rcg.~g ci~ m~ag~ ~c~ent. ~~
D~u~ Ci~ Clerk