CC 11-17-03CITY
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, November 17, 2003
PLEDGE OF ALLEGIANCE
At 6:49 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance. He requested a moment of
silence in memory of City employee Frank Moyano.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council
members Patrick Kwok and Richard Lowenthal. Council members absent: Dolly Sandoval.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development
Director Steve Piasecki, Parks and Recreation Director Therese Smith, and City Clerk Kimberly
Smith.
CEREMONIAL MATTERS - PRESENTATIONS
Proclamation declaring the week of November 23 - 29 as Family Week in Cupertino.
Mayor Chang presented the proclamation to Harry Wong. Mr. Wong said that he was a
member of the Chumh of Jesus Christ of Latter Day Saints and he expressed his
appreciation on behalf of the church.
1.A. Proclamation for Nicol Lea.
Mayor Chang presented a proclamation to Nicol Lea in recognition of her ongoing work
with the Quota Club, including her election to Quota International President, which will
happen in July 2004. The Quota Club serves the needs of deaf and hard of hearing and
disadvantaged women and children, locally and nationally.
Barbara Rogers, president of Quota International Cupertino, presented Ms. Lea with a
bouquet of roses. Ms. Lea said that thanked the Council and the city for the proclamation.
The Council members offered their congratulations and thanks for Ms. Lea's other
activities in the community.
November 17, 2003 Cupertino City Council Page 3
B. For grading, curb and gutter: Steven Mayhew and Jeanette Mayhew~ 21691
Lomita Avenue, APN 357-17-023
8. Adopt a resolution accepting an Improvement Agreement for Benjamin B.G. Lee and
Delia P. Yuen, husband and wife, 22560 Ricardo Road, APN 356-01-006, Resolution No.
03-212.
9. Adopt resolutions for Quitclaim Deeds:
A. Benjamin B.G. Lee and Delia P. Yuen, husband and wife, 22560 Ricardo Road,
APN 356-01-006, Resolution No. 03-213
B. Richard Shwe and Alma M. Shwe, husband and wife, as community property,
21840 Hermosa Avenue, APN 357-16-054, Resolution No. 03-214
10. Adopt resolutions for Grants of Easement for roadway:
A. Benjamin B.G. Lee and Delia P. Yuen, husband and wife, 22560 Ricardo Road,
APN 356-01-006, Resolution No. 03-215
B. Richard Shwe and Alma M. Shwe, husband and wife, as community property,
21840 Hermosa Avenue, APN 357-16-054, Resolution No. 03-216
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
Mayor Chang reordered the agenda to hear item items 27 and 18 together next.
NEW BUSINESS
27. Receive a status report on the Cupertino Civic Center and Library Project. (No
documentation in packet).
18. Furniture, Fixtures, and Equipment (FF&E) for the Library:
A. Consider the Schedule and Options for the purchase of thc Furniture, Fixtures and
Equipment (FF&E) for the new Cupertino Public Library
B. Approve allocation of $25,000.00 from the Civic Center and Library End-of-
Project Contingency to Prepare Bids for the Library Shelving
Council was shown video footage taken November 13 showing the erection of steel at the
Library building and partial construction of the walls for the Community Hall building.
James/Kwok moved and seconded to hold a Council meeting on Tuesday, January 20, at
5:00 p.m., to consider the schedule and options for purchasing the furniture, fixtures and
November 17, 2003 Cupertino City Council Page 4
equipment as well as funding for the purchase and installation of shelving. Vote: Ayes:
Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
Kwok/Lowenthal moved and seconded to approve an allocation of $25,000 to prepare
bids for the library shelving. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None.
Absent: Sandoval.
PUBLIC HEARINGS
11.
Consider Application Nos. GPA-2003-02, Z-2003-07, U-2003-11, EA-2003-14 for the
Chinese Church in Christ located at 10455 Bandley Drive, APN 326-33-102:
A. Adopt a Negative Declaration
Adopt a resolution approving a General Plan Amendment to locate a church in an
existing office building, Resolution No. 03-217
Approve a Use Permit to locate a church in an existing, 37,120 square foot office
building (23,000 square feet church use, 14,120 square feet office use)
Rezone a 2.95 acre parcel from P(CG, ML, Res-4-12) (Planned Development
(General Commercial, Light Industrial, Residential 4-12 dwelling units per gross
acre) to (P (CG, ML, BQ, Res 4-12) (adds BQ, quasi-public)
Conduct the first reading of Ordinance No. 1928: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 2.95 Acre Parcel From P(CG, ML,
Res-4-12) Planned Development (General Commercial, Light Industrial,
Residential 4-12 Dwelling Units Per Gross Acre) to P(CG, ML, BQ, Res-4-12)
(Adds BQ, Quasi-Public), 10455 Bandley Drive."
Council members were given a copy of a letter dated November 12 from Ronald G.
Boyer opposing the application because of incompatible parking needs between the
church and surround uses.
Community Development Director Steve Piasecki Parking reviewed the staff report, and
said the parking issue was not overly significant. He suggested that since this zoning
district already allows all other uses, staff would monitor future uses to insure that the
office park character was not severely compromised. He said that the conditions of
approval would require that the applicant demonstrate carpooling or agreement with
adjacent property owners to address their parking needs.
Applicant Liang Tsai Lin gave a PowerPoint presentation, which gave some background
on the church's history and demographics. He said their purpose is to build God's
church through evangelism and discipleship, and community involvement is an important
November 17, 2003 Cupertino City Council Page 5
activity. He discussed their volunteer activities in the community, and showed a letter of
support from the Friends of Children with Special Needs.
Mr. Lou Yang, representing the applicant, said they had spent months searching for a
location for their new church. He discussed the parking requirement and showed a chart
summarizing the parking statistics for their four churches, in which the average number
of people per car is 3.85. He asked the ITE average of 2.2 recommended by the Planning
Commission would only allow 284 people, and the city's own ordinance allows 4 per car.
He summarized the concerns that had been raised by neighbors regarding location,
parking, noise, the proximity of toxic industrial chemicals to those attending chumh, and
impacts on leasibility of surrounding parcels. He requested the city establish a maximum
occupancy of 500 people with the restriction of 100 parking spaces on weekdays during
normal business hours; remove the restriction on the number of annual events; and
remove the 5-year limit which would trigger a review.
Piasecki said the Traffic Engineer had suggested the conservative ITE parking ratio of 2.2
because many churches have exceeded the expected capacity.
The following individuals spoke in favor of the application:
Daniel Chow, 21064 Marcy Court
Paul Yan, 22154 McClellan Road
Gary McCue
Michelle Teng, 22038 McClellan Road
Theodore Tedijanto, 20818 Dunbar Drive
Lung Chu, 21059 Manita Court
Eric Hwang, Hanford Drive
Wing Hui, 11693 Vineyard Spring Court
The reasons they gave for supporting the application included the following: It would
make the church more walkable for members and reduce driving; it will meet the needs of
the community by providing both Chinese and English services; it will strengthen the
community through its services, particularly the youth and elderly ministry; there is a
need for faith-based institutions, especially in a diverse community; there are not many
places for churches in the community; their west San Jose church has proved to work
well with residents and tenants and maintains tight parking controls; and it will have
fewer environmental impacts on residents than other potential uses.
Itsuo Urnaka, 12513 Sumner Drive, Saratoga, said he was representing the Urnaka
Family Limited Partnership, which owns the building to the north of this application,
currently occupied by Apple Computers. He said this area has developed into a world-
class office and retail location, and he asked the Council to not allow any zoning changes
that would be incompatible with existing uses, and the lack of parking is a serious
problem.
November 17, 2003 Cupertino City Council Page 6
Jim Walker, 11660 Regnart Canyon Drive, said he had a partnership interest in 3
buildings in the immediate area, mad was very interested in maintaining property values.
He felt this application should be granted with appropriate restrictions, but nothing
beyond restrictions that have been placed on other uses in the area.
Robert Levy, 10802 Wilkinson Avenue, said he was more concerned about the impact of
temporary library parking overflowing into the church's parking lot. He did not think the
chumh parking would affect the residents, but cautioned that there may be an impact on
other buildings nearby. He said he was in favor of the project.
Mark Burns, president of the Cupertino Chamber of Commerce, said that on November
14 of this year the Chamber had adopted a blanket policy opposing non-industrial uses in
light industrial areas because of incompatibilities, which would make those areas less
desirable. He discussed an urgency ordinance adopted by the city of Fremont to protect
its industrial area and to allow staff to study the compatibility of uses. He asked that the
City Council consider a similar approach when allowing nonconforming uses in an
industrial zone. He said that the Chamber is not opposed to the church, and many faith-
based business are Chamber members, but there were better locations than the
commercial light industrial area that represents the heart of Silicon Valley.
Angela Chen, 10422 Colby Avenue, said she was speaking as a resident (not a Planning
Commission member). She said that all the concerns raised reflect the neighbors' fears
about negative impacts. She said that the condition requiring a 5-year review had no real
benefit, since the City would not allow any problems to continue that long anyway. She
said that building capacity is an additional limitation, and she supported a maximum of
500 occupants in the building. She said she was not opposed to reviewing quasi-public
uses again, but felt that the General Plan zoning would have the same set of guidelines,
and the guidelines applied to the church would be consistent with what has already been
applied to this project. Chen asked for a show of hands for those in the audience
supporting this application.
Lowenthal/James moved and seconded to adopt a Negative Declaration. Vote: Ayes:
Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
Lowenthal/Kwok moved and seconded to adopt Resolution No. 03-217. Vote: Ayes:
Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
Lowenthal/James moved and seconded to approve the use permit as amended Vote: Ayes:
Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval. The amendments were
as follows:
The title and first sentence of Condition number 9 will read:
REVIEW
The use permit shall be reviewed should complaints be received that there are
parking problems on the site. (The rest of the paragraph remains unchanged).
November 17, 2003 Cupertino City Council Page 7
12.
Condition number 3 will read:
OPERATIONAL LIMITATIONS
The applicant is allowed to operate as indicated (see below). In no case shall the
participants exceed 500 without amending the use permit. If adjacent properties
are utilized for parking, a pedestrian safety plan shall be approved, which may
include crosswalk lighting if applicable.
Non-weekend / weekday evening / holiday limit 80 spaces
Defined as:
· Monday - Friday 8:00 AM - 6:00 PM
Leaves at least 50-80 spaces to accommodate vacant office space
Weekend / weekday evening / holiday limitation 164 spaces
Defined as:
· Friday nights 6:00 PM - 10:00 PM
· Saturdays and Sundays 9:00 AM - 10:00 PM
· Monday - Friday 6:00 PM - 9:00 PM 120 spaces
Allow 500 participants with use permit review, if problems result
Lowenthal/Kwok moved and seconded to approve the rezoning. Vote: Ayes: Chang,
James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the
first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent:
Sandoval.
Consider Application No. MCA-2003-01 to amend Title 17 of the Cupertino Municipal
Code regarding temporary signs, City of Cupertino, Citywide. (Continued fi.om
10/20/03):
Conduct the first reading of Ordinance No. 1926: "An Ordinance of the City
Council of the City of Cupertino Amending Chapter 17.32 of the City's
Ordinance Code Regarding Temporary Signs."
Council members were given a packet of letters from 32 realtors supporting open house
signs.
Community Development Director Steve Piasecki reviewed the staff report.
Natalie Cardenas, representing the Silicon Valley Association of Realtors (SILVAR), said
they applaud the City's efforts to consider liberalizing the temporary sign ordinance. She
said that signs are the primary resource used by realtors and one of the most effective
November 17, 2003 Cupertino City Council Page 8
tools to market properties on behalf of clients. She said that the draft ordinance is a fair
compromise and a benefit to realtors, homeowners trying to sell their homes, and to
future homeowners of Cupertino. She said they are sensitive to the concerns of the
residents regarding visual clutter and said that the ordinance addresses those concerns by
limiting the number of signs and by putting a time limit on times the signs can be
displayed. She said the ordinance would also help the community with information about
garage sales and events such as art and wine festivals.
Malka Nagel, commended the City for considering the proposed changes to the
temporary sign ordinance and encouraged the Council to approve the changes. She said
that real estate signs are one of the most important tools for realtors and their clients in
helping to market a property and a directional aid when conducting an open house. She
said the ordinance addresses the community's need to control visual clutter while
allowing realtors to effectively market their listing.
Mark Bums, representing the Silicon Valley Association of Realtors and the Chamber of
Commerce, said that the ordinance revisions are more than reasonable for their purposes
and that they will go along with the suggestions.
Terry Egan, 11735 Ridge Creek Court, said he was opposed to the ordinance revisions
and would like Council to restrict the signs even more than they currently are. He said he
thought they were visually distracting and that it isn't the City's responsibility assist
realtors to make money. He said that an alternative would be to charge rent to the realtors
who wished to put signs up.
Piasecki noted that that court cases have held that in no case shall the ability to get a
political message across be infringed upon or be more restrictive than is allowed for other
signs in the conununity. He said that if signs are allowed in the right-of-way, then
political signs must be included, and the City can only control how soon they must be
taken down following an election. He said that banners are allowed to be in the public-
right-of way when they are installed on light poles, etc. and are not required to be taken
down every evening, but they are an exception to the rules, and the same would apply to
signs advertising special events or holiday seasons because those signs would stay up in
the public-right-of way for longer periods of time.
The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to
make the amendments listed below, to read the ordinance by title only, and that the City
Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James,
Kwok, Lowenthal. Noes: None. Absent: Sandoval.
Council directed staff to review the ordinance a year after the effective date. The
ordinance was amended as follows:
Number 8 under letter C was added to section 17.32.010 to read:
November 17, 2003 Cupertino City Council Page 9
13.
8. The temporary signs in the public right-of-way other than political signs shall
be removed by sunset.
The following wording under section 17.32.030 letter (C) was removed: Garage sale
signs may be posted 24 hours prior to the event, but must be removed by sunset the last
day of the sale.
The following wording under section 17.32.060 letter E was removed: All open house
signs shall be removed by sunset.
Consider Application Nos. Z-2003-02, TM-2003-02, U-2003-04, EXC-2003-06, and EA-
2003-09, Jane Vaughan/Menlo Equities, 10050 & 10080 N. Wolfe Road, APN No. 316-
20-084. (The applicant has requested a continuance to December 15):
A. Adopt a Negative Declaration
Approve a Tentative Map to subdivide a 7.74 acre parcel into two parcels: 4.47
and 3.2 acres, respectively
Approve a Use Permit to construct a 107-unit condominium project and 6,450
square feet of new retail space
Approve an exception to the Heart of the City Plan to exceed heights above 36
feet
E. Rezone a 7.74-acre parcel from P(CG,O,ML,HOTEL) to P(Planned Development)
Conduct the first reading of Ordinance No. 1929: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 7.74-Acre Parcel From P(CG, O,
ML, Hotel) or Planned Development With General Commemial, Office, Light
Industrial and Hotel Uses to P(Com, Off, Res) or Planned Development with
Commemial, Office and Residential Uses."
Lowenthal/Kwok moved and seconded to continue this item to December 15 as requested
by the applicant. Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent:
Sandoval.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
November 17, 2003 Cupertino City Council Page 10
NEW BUSINESS
14.
Fremont Union High School District (FUHSD) presentation regarding attendance
boundaries and projected number of students from new developments. (No
documentation in packet).
Don Fox, Director of Business and Property Services for the FUHSD, gave a PowerPoint
presentation. He said that there are no attendance boundary changes currently being
discussed in the school district.
He explained that the high school district is property tax based and not per pupil funded,
and that as the student population increases the funding per student is diluted. He said
that since the state's funding is uncertain, the model used to project funding might
change. He reviewed the comparative funding between the number of students per year
(average daily attendance) and the revenue per student, and said the two high schools that
primarily serve Cupertino are Cupertino and Monta Vista High School. He said that
other district facilities include Sunnyvale High School, District Office complex, and the
Adult Education facility on Fremont Blvd., and most schools are in the final stages of
modernization, so there are capacity considerations.
He said that enrollment projection data is taken from the elementary school districts, and
future forecasts take into account economic issues, new development, changing
demographics, and General Plan changes; developer fees help mitigate facility issues. He
discussed their growth projections for Monta Vista and Cupertino schools, as well as the
challenges in terms of resoume dilution and facility impaction because of population
growth.
Fox said that with more students coming in, the school district has reached the maximum
level of funding that it can receive. He explained that the increase in property tax is not
sufficient to cover the increase in students, and that the reduction of funding is not due to
lack of increase of property tax, but from the whole tax base funding mechanism being
reduced at the state level. The funding is uncertain for the future as well.
Robert Levy, 10182 Wilkinson Avenue, said that the City can restrict growth in
Cupertino and still have the schools impacted by large growth due to development in the
surrounding cities. He asked if it was possible to get the pementage of the student body
that lives in the surrounding cities. He commented that with development in the
surrounding cities, the City's tax base wouldn't change but our schools would feel the
impact.
Council thanked Mr. Fox for the report.
November 17, 2003 Cupertino City Council Page 11
15.
Consider a fee waiver request from the Organization of Special Needs families in the
amount of $780 for rental of the Cupertino Room in the Quinlan Community Center.
Council member Jmes announced that she was a member of the Board of Directors for
the Organization of Special Needs Families, and would abstain from participation on this
item.
At 10:20 p.m., James was absent.
Parks and Recreation Director Therese Smith reviewed the staff report. Staff
recommended that any change to the fee waiver policy be made during review of the
proposed 2004-2005 budget. She said that to grant the fee waiver now would be
inconsistent with what has been done through the fiscal year, and could be perceived as
unfair by those organizations that have paid the nonprofit rate since July 1 2003.
Lowenthal/Kwok moved and seconded to deny the request for waiver. Vote: Ayes:
Chang, Kwok, Lowenthal. Noes: None. Absent: Sandoval. Abstained: James.
At 10:30 p.m., James was present.
16.
Adopt a resolution updating the Joint Powers Agreement for the Bay Area Employee
Relations Service, Resolution No. 03-218.
KwokfLowenthal moved and seconded to adopt Resolution No. 03-218. Vote: Ayes:
Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
17.
Conduct the first reading of Ordinance No. 1931: "An Ordinance of the City of Cupertino
Amending Certain Time Limitations With Respect to the Redevelopment Plans for the
Vallco Project Area."
The City Clerk read the title of the ordinance. James/Kwok moved and seconded to make
the amendments listed below, to read the ordinance by title only, and that the City Clerk's
reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok,
Lowenthal. Noes: None. Absent: Sandoval.
19.
Pick a date for the Stevens Creek Trail Alignment field trip. (No documentation in
packet).
Lowenthal/Kwok moved and seconded to continue this item to December 15. Vote: Ayes:
Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
November 17, 2003 Cupertino City Council Page 12
20.
Authorize the City Manager to execute a lease with Hunter Properties for the relocation
of the City Attorney's offices.
Kwok/James moved and seconded to authorize the City Manager to execute the lease.
Vote: Ayes: Chang, James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
21.
Conduct the first reading of Ordinance No. 1930: "An Ordinance of the City Council of
the City of Cupertino Amending Cupertino Municipal Code Section 11.24.170, Parking
Limitations on Certain Streets--Stevens Creek Boulevard between a point 150 feet east
of Pasadena Avenue to Imperial Avenue."
The City Clerk read the title of the ordinance. James/Kwok moved and seconded to make
the amendments listed below, to read the ordinance by title only, and that the City Clerk's
reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok,
Lowenthal. Noes: None. Absent: Sandoval.
ORDINANCES
22.
Conduct the second reading of Ordinance No. 1927: "An Ordinance of the City Council
of the City of Cupertino Rezoning Sixty-Eight Parcels Totaling 19 Gross Acres From A1-
43 Agricultural-Residential Zone and R1-7.5 Single Family Residence Zone to the R1-A
Single Family Residential District and Amending Chapter 19.28 of the Municipal Code."
James/Lowenthal moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James,
Kwok, Lowenthal. Noes: None. Absent: Sandoval.
James/Lowenthal moved and seconded to enact Ordinance No. 1927. Ayes: Chang,
James, Kwok, Lowenthal. Noes: None. Absent: Sandoval.
STAFF REPORTS
23.
Receive a status report on the traffic studies in the neighborhood affected by the barrier
gate on Pacifica Drive at Torre Avenue and the neighborhoods affected by the barrier gate
on Kim Avenue near Kirwin Lane.
City Manager David Knapp reviewed the staff report by Public Works Director Ralph
Qualls. He said that in April and May, the traffic counts were done on the Pacifica Drive
gate. Public Works is completing its analysis and will come back with a report and
recommendations at the January 20 meeting. Knapp said that staff will begin the traffic
counts on Kim Avenue early in 2004 and report back to Council with reconunendations
in the spring of 2004.
November 17, 2003 Cupertino City Council Page 13
24. Receive a status report on the General Plan Task Force recommendations and schedule.
Community Development Director Steve Piasecki reviewed the staff report. He said that
the task force met once a week between July and October 15 and has concluded its review
of the General Plan. Staff is compiling the task force's recommendations and will report
back to the task fome on December 10, and then bring it to Council in late January or
early February for a possible study session to identify the alternative and issues for public
review.
25.
Receive a report regarding the sports center marketing proposal presented by Grace and
Tony Toy on November 5, 2003.
Parks and Recreation Director Therese Smith reviewed the staff report and showed an
updated chart of the market analysis on page 25-6 of the packet. She explained that while
the City isn't collecting the amount of revenue that private clubs are, it earns substantially
more than other municipal tennis programs.
Grant Gower, representing the Cupertino Tennis Club, said that team tennis is a core
activity in his club and they feel that they have good value in their passes at the Cupertino
Sports Center. He said that there are many places around the area to play tennis, including
private clubs, but one can play at a city facility for less. Tennis is a social activity and
people tend to join a team with others who share the same values of sportsmanship,
competitiveness and level of play. He said that the members of his club are very pleased
with they way they are treated as pass holders and residents at the Cupertino Sports
Center, and they look forward to the new facility.
26.
Receive a report regarding the change in field scheduling and the Parks and Recreation
Commission recommendation to staffto issue permits for Sunday play at Jollyman and
Creekside parks.
Parks and Recreation Director Therese Smith reviewed the staff report and the proposal
from the Parks and Recreation Commission to use Creekside and Jollyman parks on
Sundays. She said Block Leaders and affected residents were contacted, and there was no
opposition to the proposal. She said the new policy will go into effect March 1, 2004.
27.
Receive a status report on the Cupertino Civic Center and Library Project. (No
documentation in packet).
This item was heard concurrently with item number 18.
28.
Receive a status report on General Fund Revenue and Expenditures. (No documentation
in packet).
Administrative Services Director Carol Atwood said that through October 31, the
revenues are down in comparison to the prior year by $1.4 million primarily in the area of
sales tax. The City is losing $117,000 per month in sales tax revenue. The TOT tax is
November 17, 2003 Cupertino City Council Page 14
down by $2,800 from the prior year. The Cypress Hotel occupancy rate is up but the other
hotels am down. The state owes the City $783,000, which it borrowed from the City until
2006.
She said that, year-to-date on expenditures, the City has savings of about $300,000, and
the net impact on the General Fund is $1.1 million. Atwood said that if the financial
situation doesn't improve by January 2004, staff will bring to Council a list of
expenditure reductions.
Council member Lowenthal commented that the League of California Cities is putting
together an initiative that would prohibit the state from taking away local revenues
without a vote of the people. The law would also prohibit more unfunded mandates from
the state to local jurisdictions without a vote of the people.
29. Receive a status report on the R1 ordinance update and schedule.
Community Development Director Steve Piasecki that the Planning Commission will
begin review of the R1 ordinance at their January 26 meeting, and for the next few
months the Cupertino Scene will make that announcement to encourage public
participation.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
which included: Night of Magic fundraiser for the Foothill/DeAnza College District; Cupertino
Organization of Special Needs Families had first annual fundraiser; third anniversary of the
Epoch Times Chinese newspaper; Santa Clara Valley watershed district meeting is requesting
that representatives serve no more than two years; Hunter-Storm is donating space for a
headquarters for the Library District measure; Santa Clara County Cities Association next year
will focus on local control of revenues and getting involved with businesses.
CLOSED SESSION - None
ADJOURNMENT
At 11:00 p.m. the meeting was adjourned to Monday, December 1 at 5:30 p.m. in the Cupertino
City Hall Council Chambers, 10300 Torre Avenue, for the canvass of votes from the Nov. 4
election. A regular meeting of the Council will follow at 6:45 p.m., at which time the Council
members will elect a new Mayor and Vice-Mayor.
Kimberly Smitb~ty Clerk
November 17, 2003 Cupertino City Council Page 15
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.