CC 04-02-01 APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, April 2, 2001
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor James 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 Sandra James, Vice-Mayor Richard Lowenthal,
and Council mva~ber Don Burnett. Council ray, tiber absent: Michael Chang.
Staff present: City Manager David Knapp, Administrative Services Director Carol
Atwood, Co~nmunity Development Director Steve Piasecki, Senior Planner Vera Gil,
Public Works Director Ralph Quails, Emergency Preparedness Coordinator Marsha
Garcia, Public Infoaaation Officer Rick Kitson and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Proclaiming April to be the California Earthquake Preparedness Month, and supporting
and participating in California's "Ready To Ride It Out" campaign.
Mayor Sandra James read the proclamation. The city's Emergency Preparedness
Coordinator Marsha Garcia thanked the city and county fire department for being so
supportive in their preparedness efforts. She talked about the display in City Hall that
shows tips on how to prepare for earthquakes. She also mentioned classes that are
available to the public beginning April 12.
POSTPONEMENTS
The City Clerk noted that item No. 6, DKS Associates, had been tabled.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
David Greenstein, Chairperson for the Bicycle and Pedestrian Advisory Committee
(BPAC), Joe Walton and Ann Ng, members of the BPAC, honored City Traffic Engineer
Ray Chong for bis service. The committee and Ray worked together on projects like the
bicycle and pedestrian transportation plans, and are currently wor~ng on traffic
abatement with schools. Ray worked on grant proposals, bike parking at Monta Vista
High School and the proposal for the UP railroad trail and helped the committee and tho
city obtain many grants. They presented Ray with a paperweight.
April ~l, 2001 Cupertino City Council Page 2
Anne lqg reminded everyone about Bike to Work week being the 3'a week of May. She
invited the City Council members to a kick off on May 13 outside City Hall, which
would entail a short bike tour of Cupertino. She also introduced Smart Chessen as the
newest member of the BPAC.
Council also offered their commendations and congratulations to Ray Chong and said
that he would be missed.
Ray Chong thanked everyone for their years of support and acknowledged City Manager
Dave Knapp for his support of pwjects and Public Works Director Ralph Quails for his
role as a mentor and a guide.
CONSENT CALENDAR
Burnett moved to approve the items on the Consent Calendar as recommended, except
item number 6, which was tabled. Lowenthal seconded and the motion carried 3-0, with
Council member Chang absent.
2. Appwval of minutes: March 19, 2001.
3. Accounts payable: March 16 and March 23, Resolution Nos. 01-080 and 01-081.
4. Payroll: March 16, Resolution No. 01-082.
5. Treasurer's Budget Report: February 2001.
6. Authorizing the Director of Public Works to negotiate and execute a design agreement
with DKS Associates to develop the Cupertino Adaptive Traffic Si~nals Control System
Project not to exceed $805,000, Resolution No. 01-083. (This item was tabled).
7. Review of application for Alcoholic Beverage Control licenses:
a) Toaoi Restaurant, 10123 Wolfe Road, #2001
b) Dars Hideaway, 10095 Saich Way
8. Acceptance of improvements: O'Brien Group, Oak Valley, Unit 1 Area 2, Tract 9054,
Kevin C. H. and Lynn M. Ching, APN 357-05-023.
9. Approving the first amendment to the 1996 Measure B Pavement Management Program
Cooperative Agreement, Resolution No. 01-084.
10. Authorizing submittal of an application for Transportation Development Act Article 3,
Bicycle and Pedestrian Fund Program to fund the City-Wide Bicycle Parking Facilities
Project from tho City's guarantee of $51,789.00, Resolution No. 01-085.
11. Approval of appointment of SWart Chessen to the Bicycle and Pedestrian Advisory
Committee.
April 2, 2(101 Cupertino City Council Page 3
12. Authorizing signature authority for federal and state grants, Resolution No. 01-086.
13. Memorandum of Understanding between San Jose State University Foundation and the
City of Cupertino to support regional collaborative effort by local governments,
businesses, non-profits and academia to mitigate potential disasters.
14. Authorize fine arts grants for Spring 2001 as recommended by the Fine Arts
Commission.
Vote Members of the City Council
AYES: Burnett, James, Lowenthal,
NOES: None
ABSENT: Chang
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
15. 2001/02 User Fee Schedule: rescinding Resolution 00-120 and establishing user fees,
Resolution No. 01-087.
Mayor James opened the public hearing. There were no speakers, and the hearing was
closed. Director of Administrative Services Carol Atwood reviewed the staff report. She
said that the new fees would be effective as of July 1. The prices are in line with increases
in inflation and the Consumer Price Index.
Lowenthai moved to adopt Resolution No. 01-087. Burnett seconded and the motion
carried 3-0 with Council member Chang absent.
16. Prezoning ora .22 acre single family lot to Pre-RI-10, Application No. 01-Z-01; Lin-Hai
Nan; 10599 N. Stelling Road (Garden Gate area). APN: 326-08-053. This item is
categorically exempt from the California Environmental Quality Act and is recommended
for approval.
(a) First reading of Ordinance 1878, "An Ordinance of the City Council of the City of
Cupertino Prezoning a .22 Gross Acre Parcel to Pre Rl-10 (Single Family
Residential) Zoning District."
Mayor James opened the public hearing. There w~re no speakers, and the hearing was
closed. Director of Community Development Steve Piasecki reviewed the staffreport.
The City Clerk read the title of the ordinance. Burner moved and Lowenthal seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the
first reading thereof. Motion carried 3-0 with Council member Chang absent.
April 001 Cupertino City Council 'ag, 4
17. Public hearing to review and approve use of the Twenty-Seventh program year (2001-
2002) Community Development Block Grant (CDBG) funds:
(a) Authorize submittal of funding proposal, Resolution No. 01-089.
Mayor James opened the public hearing. There were no speakers, and the hearing was
closed. Senior Planner Vera Gil reviewed the staff report and highlighted this year's
changes. She said that the Cupertino Community Services (CCS) will be receiving more
funding because they are taking over the Below Market Rate (BMR) placement program.
The CCS will also conduct an audit of current apartment complexes that contain BMR
units. The rehabilitation program is being transferred to the County of Santa Clara and
they will take over the loan management program. The following recommendations were
listed in the staff report:
2001-02 CDBG AHocation:
Program Administration $15,000.00
CCS - Rotating Shelter $25,000.00
CCS - Affordable Placement Program $5,167.00
Senior Adults Legal Assistance $6,500
CCS - Vista Drive Development $129,207.00
Sub-Total: $180,874.00
Affordable Housing Fund:
CCS - Affordable Placement Program $44,833.00
Sub-Total: $44,833.00
TOTAL: $225,707.00
Council members talked about how valuable the services are that the CCS provides.
Burner moved to adopt Resolution No. 01-089. Lowenthal seconded and the motion
carried 3-0 with Council member Chang absent.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
18. Approval of Community Development Block Grant (CDBG) agreement between the
County of Santa Clara and the City of Cupertino for fiscal year 2000/01 and authorization
for the City Manager to execute the agreement, Resolution No. 01-090.
Senior Planner Vera Gil reviewed the staff report. She said that this is an annual
agreement and that there were major changes involving language and exhibits pertaining
.April <l, ~1001 Cupertino Ci~ Council ])age
to the rehabilitation program. Thc City is contracting with thc County of Santa Clara for
these services. This agreement authorized the City Manager to act in Council's stead.
Bumett moved to adopt Resolution No. 01-090. Lowenthal seconded and the motion
carried 3-0 with Council member Chang absent.
19. Campaign ordinance revision and resolution establishing voluntary expenditure limit of
$20,000:
(a) First reading of Ordinance No. 1877, "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 2.06 of the Cupertino Municipal Code
Related to City Council Elections and Campaign Finance Disclosure."
(b) Adopt Resolution No. 01-091, regarding setting voluntary campaign expenditure
limits at $20,000.
City Clerk Kimberly Smith reviewed the staff report. She said that this resolution retained
the $100 maximum contribution per person and allowed candidates to accept
contributions until 5 days prior to the election and required disclosure 4 days prior to the
election. The ordinance repealed the section regarding audit appeals and complaint
provisions.
The City Clerk read the title of the ordinance. Burner moved and Lowenthal seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the
first reading thereof. Motion carried 3-0 with Council member Chang absent.
Burner moved to adopt Resolution No. 01-091. Lowenthal seconded and the motion
carried 3-0 with Council member Chang absent.
ORDINANCES
20. Massage regulations: Second reading of Ordinance No. 1875, "An Ordinance of the City
Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal
Code Regarding Regulation of Massage."
The City Clerk read the title of the ordinance. Burner 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 3-0 with Council member Chafig absent.
Burner moved and Lowenthal seconded to enact Ordinance No. 1875. Motion carried 3-0
with Council member Chang absent.
21. Second reading of Ordinance No. 1876, "An Ordinance of the City Council of the City of
Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to
Establishment of Vehicular Stop and Section 11.20.030, All Directional Vehicular Stop
Required At Certain Intersections; Felton Way at the Intersection of Kirwin Lane."
Apr/l 2, 2001 Cupertino City Council Page 6
The City Clerk read the title of the ordinance. Burnett moved and Lowenthal seconded to
read the ord/nance by tire only, and that the City Clerk's reading would constitute the
second reading thereof. Motion carried 3-0 with Council member Chang absent.
Bumett moved and Lowenthal seconded to enact Ordinance No. 1876. Motion carded 3-0
with Council member Chang absent.
STAFF REPORTS - None
COUNCIL REPORTS
Lowenthal reported on the Every 15 Minutes program held at Monta Vista High School.
He said it was a powerful program for preventing drinking and driving.
He said he attended the Crab Feed at DeAn:~a College with Fremont Union High School
District, Fremont Union High School Foundation, the Rotary Club of Cupertino and the
DeAnza Foundation. The feed served about 1000 people. He said it was a fun event that
raised scholarship funds for students who need computers to participate in school events.
James said she was the speaker at tho Sheriff's .Annuai Retirement Dinner. She said she
was also the keynote speaker for the Santa Clara County Sheriff's Department's 3"~
Annual Recognition Dinner.
James agreed that the Every 15 Minutes program was very moving and asked for a
presentation at the next City Council meeting in April.
She said the Chamber of Commerce hosted the Citizen of Year and Businesses of the
Year awards and that the program was very good. Wally Dean was Citizen of the Year.
She acknowledged the City's video crew for creating an excellent presentation.
CLOSED SESSION - None
At 7:15 p.m., Mayor Jam~s adjourned the meeting in memory of City employees Paul
Antonueei and Jesse ~en who had been killed in a recent automobile accident. James
said their deaths were a heartfelt loss for family, friends and coworkers.
Kimberly Smit~, City Clerk