CC 08-20-01 APPR0~ED MINUTES
CUPERTINO CITY COUNCIL
Regular Mc~ting
Monday, August 20, 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 Allegianee.
ROLL CALL
City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and
Council members Don Bumett and Michael Chang. Council members absent: None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood,
Community Development Director Steve Piasecki, Parks and Recreation Director Theresc Smith,
Public Works Director Ralph Quails, Public Information Officer Rick Kitson, Senior Planner
Vera Gil, Associate Planner Peter Gilli, City Attorney Charles Kilian, and City Clerk Kimberly
Smith.
- - CEREMONIAL MATTERS - PRESENTATIONS
1. Presentation of the Saratoga/Cupertino K-12 Trip Reduction Program final report for
fiscal year 00-01 by ALTRANS (Alternative Transportation Solutions).
President of ALTRANS Steve Blalock talked about the program and how it helps to
encourage carpooling, the use of public transportation, walking and b/king to schools.
2. Proclamation given to the Cupertino Little League Junior All Stars for winning the All
Star Championships.
Mayor James thanked Michael Gottwald for his part in keeping Council informed on the
status of the local athletes.
Mayor James-read the proclamation and presented a copy to the team members, the
coaches and Dana Drysdale, President of the Cupertino National Little League.
Team member ~Iared Escobar spoke on behalf of the team and thanked the coaches and
parents for helping theo~ to win the championship.
3. Presentation of the Monta Vista Naval Robotics Team.
Mayor James read the proclamation recolRg~ing the team for its successful entry into the
International Autonomous Underwater Vehicle competition at the US Naval Academy in
Anapolis.
August 20, 2001 Cupertino City Council Page 2
Team members Jeff Su, Hah Hwu and Hsin Liu explained the competition and how their
robot was assembled.
4. Proclamation given to Vincent LaPorta in recognition of his years of service in amateur
radio.
Mayor James read the proclamation and Vincent LaPorta thanked the Council.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
The City Clerk noted that three documents had been distributed. One was an email regarding
item No. 31. The other two were Resolution Nos. 01-188 and 01-189, which had not been
included in the packet for itvm Nos. 25 and 30.
ORAL COMMUNICATIONS
Marc Auerbach spoke on the job balance/housing situation in Cupertino. He concluded that
19,000 additional households are needed to support the current 45,000 jobs at 1.2 jobs per
-- household. He said that Cupertino should determine its housing need and develop a policy
independent from the Association of Bay Area Governments (ABAG) target recommendation.
Deborah Texter spoke on the recent action taken by the City Council to help Monta Vista High
School resolve some of their issues of student parking in the neighborhood. She talked about the
impact that this action is having on the programs at Lincoln. She said that Lincoln Elementary
School has many parents who volunteer in the various pw~urns and that the school hopes to
work with the City to put a guest permit parking system, in place.
Bob Vitw spoke on the neighborhood parking and traffic problem around Monta Vista High
School, especially on Orange Avenue. He was concerned that offering guest p~,mits to
volunteers at Lincoln Elc~entary School would just bring more traffic congestion into the area.
He said that the parking restrictions should be reinforced on a continuing basis. He also
suggested closing the.Monta Vista High School campus at lunchfime to avoid the congestion.
CONSENT CALENDAR
Chang moved to approve the items on the Consent Calendar as recommended, with the exception
of Nos. 6, 22, and 23 which were pulled for discussion. Burnett seconded and the motion carried
4-0.
- 5. Treasurer's Budget Report, June 2001.
7. Accounts Payable, July 13, July 20, July 27, August 3 and August 10, Resolution Nos.
01-171, 01-172, 01-173, 01-174, and 01-175.
August 20, 2001 Cupertino City Council Page 3
8. Payroll, Suly 20, August 3, and August 17, Resolution Nos. 01-176, 01-177, and 01-178.
9. Annexation: Setting date for consideration of reorganization of area designated "Byme
Avenue 01-05", property located on the west side of Byrne Avenue between Granada
Avenue and H=,uosa Avenue; approximately 0.410 acre, Maldonado (APN 357-11-003),
Resolution No. 01-179.
10. Request from the Fine Arts Commission for appropriation of funds in thc amount of
$5,000 for completion of chikkoa's tile & mural project and artist reception at the
Quinlan Community Center.
11. Review of application for Alcoholic Beverage Control licenses: A. Tanuki Izakaya (Sushi World), 22350 Homestead Road.
B. Big Apple pi=~, 20010 Stevens Creek Boulevard
12. Authorization for the Director of Public Works to negotiate and execute a design
agreement with DKS Associates to develop the Cupertino Adaptive Traffic Signals
Control System Project, Resolution No. 01-180.
13. Acceptance of improvements (may include grading, street improvements on site and off-
site improvements): Great Western Savings & Loan, 10250 De Anna Boulevard, APN
369-41-004; Cupertino Village Assoc. H, Inc., SW comer of Homestead & Wolfe Rd.,
APN 316-05-055.
14. Improvement Agreement, Peter S. Gwozdz and Barbara K. Gwozdz, 10367 Byrne
Avenue, APN 357-12-031, Resolution No. 01-181.
15. Quitclaim Deed, Peter S. Gwozdz and Barbara K. Gwozdz, 10367 Byme Avenue, APN
357-12-031, Resolution No. 01-182.
16. Declaring Intention to Order Vacation, Tract 9335- Wallin Court, Resolution No. 01-
183.
17. Declaring Intention to Order Vacation, Maximo Perez, 1248 Weymouth Drive, APN 362-
10-063, Resolution No. 01-184.
18. Grant of Easement, Public Services, Maximo Perez, 1248 Weymouth Drive, APN 362-
10-063, Resolution No. 01-185.
19. Appointment of Treasurer and Deputy Treasurer, Resolution No. 01-186.
20. Leadership Cupertino/Tomorrow's Leaders Today - Agreement between sponsors to share
.- equally in liability.
21. Approval of recommendation from Telecommunications Commission for awarding a
public access grant..
August 20, 2001 Cupertino City Council Page 4
22. Supporting thc effort to bring thc 2012 Olympic Games to the Bay Area, Resolution lqo.
01-18?.
23. Parks and Recreation Commission recommendation regarding Me~-aorial Park Special
Events Policy.
24. Approval of a contract amendment for the Stevens Creek Trail Feasibility Study to
include an expanded public process, environmental review, a habitat restoration report,
maintenance and operations plAn~ and a mitigating, monitoring and reporting plan. This
additional work was authorized in the FY 2001-02 capital budget.
25. Request from the Housing Trust of Santa Clara County for 30-day extension of
commitment of funds to the trust, Resolution 01-188.
Vote Members of the City Council
AYES: Bumett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
6. Approval of minutes, June 22, July 16, and August 6.
Bumett clarified that the minutes of June 22, page number 6-2, item No. 1 should be
corrected to read, "Jacobs has the absolute right to build an additional 500,000 square feet
of commercial space." Bumett moved to appwve the minutes of July 16 and August 6 as
presented and the minutes of June 22 as amended. Lowenthal seconded and the motion
canied 4-0.
22. Supporting the effort to bring the 2012 Olympic Games to the Bay Area, Resolution No.
01-187.
Burner moved to adopt Resolution No. 01-187. Lowenthal seconded and the motion
carried 4-0.
23. Parks and Recreation Commission recommendation regarding Memorial Park Special
Events Policy.
Council concurred to not limit the total number of events but to allow a 2-3 week space
between the events and have staff'handle all applications.
.-. PUBLIC HEARINGS
26. Appeal of Planning Commission approval of Application No. 14-ASA-01, regarding
architectural and site approval for lighting, color, materials, landscaping and other design
August 20, 2001 Cuperiino City Council Page 5
features of an approved apmhuent building at Lot 1, Tract 7953, Cupertino City Center
(APN 369-01-029). The applicant is the Stevens Creek Apartments (Verona). The appeal
was filed by Councilmeaiber Don Bumett.
Community Development Director Steve Piasecki said that staff had been working with
the applicant to improve the designs to reflect the original drawings and approval.
Council concurred to hold appeal until the final design was available and directed staff to
bring it back at that time.
27. 05-Z-01, 06-U-01, 06-EA-01; Summerhill Homes, 10120 Imperial Avenue; APN: 357-
20-013. Rezoning of an ML (Light Industrial) zoning district to P(Res) (Planned
Residential) for a 56-unit townhome development and to P(ML) (Planned Light
Industrial) to allow a transfer of floor area ratio development credits; and a use permit
application to construct a 56-unit townhome development. A Mitigated Negative
Declaration is recommended, and the item is recommended for approval.
Senior Planner Vera C-il reviewed the staff report and the highlights of the development.
Lisa Maley of Summerhill Homes and Project Manager Jim Yee of the Dahlin Group
further discussed the details of the project.
Robert Levy, 10802 Wilkinson Avenue, had design and parking concerns.
Richard Popejoy, 10800 Minette, had concerns about the 3-story design being too intense
for the community and potential traffic congestion.
Sandie Zander, 10350 Imperial Avenue, had concerns about the schools being too
impacted with the addition of more children to the Monta Vista neighborhood.
Council COl~mented on the concerll regarding school impact and staff mentioned that for
large developments the school district is contacted.
Lowenthal moved to approve a negative declaration. Chang seconded and the motion
carried 4-0.
Lowenthal moved to approve a use permit. Chang seconded and the motion carried 4-0.
Lowenthal moved to approve a rezoning application. Burnett seconded and the motion
carried 4-0.
PLANNING APPLICATIONS
UNFINISHED BUSINESS
August 20, 2001 Cupertino City Council Page 6
NEW BUSINESS
28. Neighborhood Entry and Driveway designs for South Portal Avenue at the Marketplace
Shopping Center, 19620-19770 Stevens Creek Boulevard. This item is recommended for
approval.
Associate Planner Peter C-illi reviewed the staffx~ort. He said that one of the conditions
of approval was consider' providing a neighborhood entry on Portal Avenue and the
ability of delivery trucks to maneuver in the parking lot without coming into the
neighborhood. He showed the design that the applicant suggested to address these
concerns. He said that staff had some concerns with the design since this hadn't been
done in Cupertino before.
Ron Bierman, 19781 Bixby Drive, had concerns about truck size, traffic, parking, refuse,
and legal noticing of surrounding propcWy owners.
George Monk, 19985 Price Avenue, had concusses about street choker maintenance and
supported any method that would reduce speed on Portal Avenue.
Applicant Wayne Okubo talked about the choker design and maintenance.
Lowenthal moved to:
A. Direct the applicant to review the design with the neighborhood and bring
the item back with a maintenance agreement
B. Not allow occupancy of the building until the construction is complete
C. Have the applicant post a surety bond of $100,000, to be administered by
Public Works
Bumett seconded and the motion carried 4-0.
29. Selection of application deadlines and interview dates for an unscheduled vacancy on the
Parks and Recreation Commission.
Council concun'ed that September 11 would be the application deadline and the
interviews would be scheduled for September 17 at 5:30 p.m.
Lowenthal sa~d that F. dye Stein did a great job on the commission and served the City in
many ways. She will be missed and he wished her well.
Burnett said that Stein had served on the Senior Center Advisory Committee and was a
good supporter of that program.
James said that Edye had been very active as a Parks and Recreation Commissioner and
did an outstanding job. She thanked her for all of her service for the City.
August 20, 2001 Cupertino City Council Page 7
30. Request for up to $800,000 in Housing Mitigation Pro~m-a funds from Cupertino
Community Services for the agency's "Heart of Cupertino" development, Resolution 01-
189.
Senior Planner Vera C-il reviewed the staff report. Staff clarified that this amount was
separate from the budget.
Lowenthal commented that he is on the board of Cupertino Community Services (CCS),
which is involved in building the project but was advised by counsel that he has no
conflict of interest.
Chang moved to adopt Resolution No. 01-189. Burnett seconded and the motion carried
4-0.
31. Ordinance No. 1884: "An Ordinance of the City Council of the City of Cupertino
Amending Section 11.24.170 of the Cupertino Municipal Code Relating to Parking
Limitation on Certsin Sirects, Establishing A 15-Minute Limited Parking Zone on
Imperial Avenue from McClellan Road to 400 Feet North Of McClellan Road and on
Orange Avenue from McClellan Road to Dolores Avenue and Declaring the Urgency
Thereof."
Two letters were distributed regarding the Monta Vista High School parking issue: 1) A
letter dated 6/6/01 from City of Cupertino City Manager Dave Knapp to Fremont Union
High School District (FUHSD) Joe Hsmilton; and 2) A letter dated 8/14/01 from Joe
Hamilton to the FUHSD Board of Trustees.
Lincoln Elementary School Principal Deborah Texter requested that the limited parking
time be increased to 30 minutes in the morning and 45 minutes in the afternoon, and that
the zone be expanded to include other streets besides Orange and Imperial.
Cupertino Union School Di~i~'wt (CUSD) Assistant Superintendent of Bus/ness Richard
Yodites assured Council that every step possible is being taken to maximize the ground
space for parking at the school for all the district employees.
Bob Vitw, 10480 Orange Avenue, was concerned that parking will still be a problem
regardless of~c time limit established.
Sheila Martin, 10382 Orange Avenue, said that the zone should be extended to other
streets and that the time limit should be extended.
Robert Levy, 10802 Wilkinson Avenue, said that permit parking was not meant for
parents taking their children to school and that busing would be a better solution to solve
_ that issue.
August 20, 2001 Cupertino City Council Page
Lincoln Elementary School PTA President Judy Wilson, 11129 Clarkson Avenue,
mentioned the many programs that the school pwvides and said that the PTA is willing to
offer whatever assistance they can to help with thc parking issue.
Sandic Zandcr, 10380 Imperial Avenue, suggested that the permit parking signs in thc
area be changed to say 10-2 instead of ?-4.
Council discussed the time runit of the parking zone. Council also discussed the possible
use of the Blackb=~, Farm parking lot for Monta Vista High School student parking and
putting up signs regarding that usc.
The City Clerk read the title of the ordinance. Lowenthal moved and Bumett seconded to
amend the ordinance to establish a 30-minute limited parking zone; to review the item
again in 60 days; to read the ordinance by rifle only, and that the City Clerk's reading
would constitute the only reading thereof. The motion carried 4-0.
Lowenthal moved and Bumett seconded tO enact Ordinance No. 1884. The motion
carried 4-0.
Burnett moved to have staff put up dens saying that the Blackbary Farm parking lot is
available for students, faculty and volunteers, and he asked for a report to be brought back
- in 60 days, notifying permit parking residents, those in the Blackberry Farm area and the
school district employees. Lowenthal seconded and the motion carried 4-0.
32. Ordinance No. 1885: "An Urgency Ordinance of the City Council of the City of
Cupertino Amending Chapter 2.06.120 of the Cupertino Municipal Code Related to City
Council Elections and Campaign Finance Disclosure."
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
only reading thereof. The motion carried 4-0.
Bumett moved and Lowenthal seconded to enact Ordinance No. 1885. The motion
canied 4-0.
ORDINANCES
STAFF REPORTS
August 20, 2001 Cupertino City Council Page 9
COUNCIL REPORTS
Burnett asked about the status of widening Stevens Canyon Road. Public Works Director Ralph
Q~_ml!s said that the bid package is almost complete and fight-of-way issues were still being
discussed.
Chang said that he attended the library community meeting and hoped more citizens would come
and participate in those meetings in the future. The next public meeting is September 12.
James mentioned that the Shakespeare Festival has one more weekend lefL She said that the City
and the Silicon Valley Manufacturing Group is hosting an Energy Efficiency Conference at
Quinlan Community Center on Friday.
CLOSED SESSION
ADJOURNMENT
At 10:20 p.m., the meeting was adjourned to a study session on the Library budget and library
design alternatives, August 21, 3:00-5:00 p.m., Conference Room C/D.
Kitty Clerk