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CC 03-19-01 APPROVED M~U'FEg CUPERTINO CITY COUNCIL Regular Meeting Monday, March 19, 2001 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council member Michael Chang. Council members absent: Don Bumett. Staff present: City Manager David Knapp, Community Development Director Steve Piasecki, Planner Vera Gil, Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, Deputy City Clerk Grace Johnson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Ms. Liz Gallegos, Executive Director of the Northwest YMCA, acknowledging City support for its programs. Mayor James received a YMCA T-shirt and other Council members received a YMCA history book, celebrating 150 years of YMCA existence and 33 years of service to Cupertino. 2. Presentation of certificate to honor Miguel Migliaccu and Paul Tognetti for discovering and returning Dr. Lawrence Hooper's wallet. The recipients were not present to receive their certificates in person and will receive them at a later time. 3. Annual report t~om Telecommunications Commission (video presentation). Through a video presentation, L.T. Guttadauro spoke about the commission's accomplishments over the last year. POSTPONEMENTS Item number 15, authorizing a design agreement with DKS Associates was deferred for two weeks. WRITTEN COMMUNICATIONS - None March 19, 2001 12upertlno City l~ounc~l Page ORAL COMMUNICATIONS Anna Polman-Black, Cupertino resident, gave kudos to Mr. DeCinzo for his political cartoon in the January 3 Cupertino Courier regarding public input to the City Council. Ms. Black said that the community members must speak with a louder voice in order to be heard by the City Council. CONSENT CALENDAR Lowenthal moved to approve the items on the Consent Calendar as recommended with the exception of item Nos. 11 and 15. Chang seconded and the motion carried 3-0 (Burner absent). 4. Approval of minutes: February 5 and March 5, 2001 5. Accounts payable: March 2 and March 9, Resolution Nos. 01-065 and 01-066. 6. Payroll: March 2, Resolution No. 01-067. 7. Support for Senate Bill (SB 10-Soto), Safe Routes to School Construction Program. 8. Improvement Agreement, Tal-Tsong Wang And Pau-Ling Sophia Yen, Co-Trustees of ~- the Wang Family Trust Dated May 2, 1995, 21909 San Femando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01~068. 9. Grant of easement, roadway, Tai-Tsong Wang And Pau-Ling Sophia Yen, Co-Trustees of the Wang Family Trust Dated May 2, 1995, 21909 San Fernando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01-069. 10. Accepting quitclaim deed, Tai-Tsong Wang And Pau-Ling Sophia Yen, Co-Trustees of the Wang Family Trust Dated May 2, 1995, 21909 San Fernando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01-070. 12. Approving Contract Change Order No. 12, Cupertino Senior Center, Project 99-9210, Resolution No. 01-072. 13. Approving the final map and improvement plans of Tract No. 9325, located at 10051 Bianchi Way, Developer, College Villas, Resolution No. 01-073. 14. Authorizing the Director of Public Works to negotiate and execute an agreement with DKS Associates to develop Cupertino Interchanges Ramp Meter/Arterial Traffic Signal Interconnection Project in an amount not to exceed $390,000, Resolution No. 01-074. 16. Mary Avenue Bicycle Footbridge feasibility study: (a) Authorize the City Manager to execute the Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Program Funds Cooperative Agreement to implement a feasibility study of the proposed Mary Avenue Footbridge, Resolution March 10, ~001 Cuper~no (~ity (~otmcll Page No. 01-076 (b) Authorize the Director of Public Works to negotiate and execute a feasibility.study contract for Mary Avenue Footbridge with SGA Associates, Resolution No. 01-077 17. De Anza Cupertino Aquatics lease of the Sports Center swimming pool, Resolution No. 01-078. 18. Authorize execution of a Professional Services Agreement with Lifetime Tennis, Inc. for tennis instruction at the Cupertino Sports Center, Resolution No. 01-079. 19. Request from the Quota International of Cupertino for waiver of $45 use fee for their "Salute to Staff' fundraiser luncheon on April 26, 2001, at the Quinlan Community Center. Vote Members of the City Council AYES: Chang, James, Lowenthal NOES: None ABSENT: Bumett ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 11. Designating a preferential parking zone on Tula Lane to include the first Saturday of each month between 8:00 a.m. and 12:00 p.m., Resolution No. 01-071. Director of Public Works Ralph Quails explained that the request had to do with the DeAnza College flea market parking, and that it would restrict parking on both sides of the street, only for the first Saturday of each month from 8-12. Lowenthal said he did not support parking restrictions for many reasons. He felt that city streets are public and anyone should be able to park on them, and restricted parking simply moves the problem to another street. He felt that parking restrictions go against a sense of community because people feel that they own small areas and dominate the use of them. He told staff that this kind of item should only be put on the New Business calendar in the future, not on the Consent Calendar. Chang said that he would support this item given the limited scope, but agreed with Lowenthal that staff should provide other options for reviewing restricted parking pet-mits. Quails said he would bring back a staff report to Council for their consideration, listing altemative methods for considering these pexmits. James said she was opposed in general to permit parking but since this was only for four hours, she would vote for it. She agreed with the other Council members about different options for review. March 19, 2001 Cupertino City Counell Page Robert Sapirstein, 10300 Tula Lane, said that Tula Lane is different from the other streets in that it is a dead end at both ends. He was concerned about congestion on his street, especially on Saturday momings and felt that the street has become much more congested due to the surrounding streets having been granted permit parking. He commented that it has become a dangerous place for people to leave their driveway because of this congestion, and many people park illegally in driveways and in front of fire hydrants. He supported the resolution. Lowenthal commented that staff should see if there should be more enforcement, or if there were other alternatives, such as painting the curb red, to solve the real problem of people parking illegally. He also asked staff to meet with the residents and find out what the real issue is in regards to this parking restriction petition. Council concurred to bring the item back in one month. 15. Authorizing 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 not to exceed $805,000, Resolution No. 01-075. (Deferred). PUBLIC HEARINGS 20. Appeal of Planning Commission recommendation regarding a modification to an -- approved plan for an addition to an existing medical/office building, application No. 09- DIR-00. 10413 Torre Avenue, (APN 369-49-008), applicant Dr. Khalil Saghezchi. The appeal was filed by Mr. Steven C. Lipp. Senior Planner, Vera Gil, reviewed the staff report and said that staff recommended upholding the Design Review Committee decision to uphold the decision of the Planning Commission to allow a minor modification to the building. Mr. Steven Lipp, the appellant, reported that he and the applicant had come to a mutual agreement and withdrew his appeal. This item was then tabled without further discussion. 21. Massage regulations: First 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." Patficia Angelina, a certified massage therapist in Cupertino said that in addition to personal concerns, she was speaking on behalf of the American Massage Therapy Association and had brought letters of support from individuals members pertinent to her concerns. Her main concern was the mandate in the ordinance calling for therapists to keep their doors unlocked at all times while working. She was sympathetic to the desires of the City and the Sheriff's department to eradicate prostitution, but felt that keeping her doors unlocked would put her and her clients at great risk. Ms. Angelina mentioned that one possible solution to the problem of how to keep the sheriff's deputies safe, while still being able to make their prostitution busts, would be to install lock boxes on the outside of the building. March 2001 C upe no C ity C ouncll Page Barbara Weber, a client of Ms. Angelina's, explained that she can only use the massage services during the evening hours and was concerned for her personal safety and the potential for robbery, if people knew that the doors were unlocked. She also encouraged the idea of using a lock box. Doug Weber, the husband of Barbara Weber and client of Ms. Angelina's, shared his wife's concern about two women being alone in an unlocked building. He felt that lock boxes would be an easy and acceptable way to gain entry to a locked door, in the case of an caiergency. Joe Byrne, husband of Patricia Angelina, also was concerned about the unlocked door issue. In his opinion, mandating an unlocked door policy would not deter prostitution because they already know they are in a risky and illegal business and would simply post a lookout at their door. He shared the previous speaker's concerns about the safety of the client and the therapist that it is a predictable situation and wanted to stop any attacks or robberies before they could occur. He felt the ordinance was a reasonably good one, except for the unlocked door issue, and would also support adding a lock box. Danny Alman, Deputy Sheriff, said that their main priority is officer safety. He knew of numerous situations where officers had to kick in locked doors to help out other officers in serious situations. He said they must weigh the interests of individual therapists with officer safety. Chang questioned another part of the ordinance about corporate massage and what constitutes a recognized school of massage. Currently, therapists cannot bring their tables in to corporations and are limited to upper body massages only, using a chair. Alman said that this prevents a potential prostitute situation and went on to say that 90% of the prostitutes in the county work out of massage establishments. Angelina felt that this restriction limited the scope of her practice and prevented her and other massage therapists from helping their clients with all of their therapeutic needs, such as sciatica. In regards to the schools of massage, she felt that the ordinance wording might be too vague in talking about hours of training and the difference between each school Alman clarified that the new ordinance wording is more appropriate and anyone who attends classes and obtains a certificate is considered a professional massage therapist. Lowenthal liked the idea of a lock box and mentioned that he had brought up that idea before and it was not well received by law enforcement then either. He was concerned about officer safety but was torn because the safety of the community is of first importance. He was in favor of the ordinance, with an amendment to remove the restriction on locking the doors. Chang agreed with Lowenthal, and felt the lock box idea should be looked at seriously. He suggested another meeting with the massage therapist community to work out some of the issues, and come back to Council in a month. James commended the vice squad for their work to address the problem. She was conc¢~aed that only one therapist and two clients showed up at the meeting to voice their opinions, even though every therapist had been told about it. This seemed to indicate that there was not a lot of March 19, ~001 Cupertino City Council Page 6 opposition to this issue. She acknowledged thc fears of thc therapists and their clients but felt that the ordinance was a good one. She said she didn't support thc idea ora lock box as a good way to surprise a perpetrator and supported the ordinance as it was written. Lowenthal moved to approve the ordinance with the exception of the regulation on leaving the doors unlocked. Chang seconded and the motion carried 2-1, with Mayor James voting no. Lowenthal and Chang suggested that law enforcement consider the lock box idea and bring it back to Council. The City Clerk read the title of the ordinance. Lowenthal 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 3-0, Burner absent. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 22. Report from Fine Arts Commission regarding proposed art projects. City Clerk Kimberly Smith reviewed the staff report. The Council concurred with the proposed project list, but asked that the items be brought back for consideration during the 2001-2002 budget review. 23. Designate a council member to serve on the Cupertino-Toyokawa Sister City Committee. Council concurred to appoint Michael Chang to serve on the committee. 24. First 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." The City Clerk read the title of the ordinance. Lowenthal 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 3-0, Burnett absent. ORDINANCES March lO, 2001 C'Xupertino City Council Page STAFF REPORTS 25. Report on Monta Vista Safe Routes to School Project. Ralph Qualls, Director of Public Works, commented that the City has awarded a contract to the consultant and is proceeding with the work, which is currently on schedule. Staff will keep Council apprised on the progress of the construction. City Council received the report. COUNCIL REPORTS Lowenthal said he enjoyed the event at DeAnza College honoring the two young women who prevented the bombing incident at the college. He also attended the mei~orial for a prior City Manager, Robert Quinlan. On behalf of Mayor James, Lowenthal attended the housing crisis meeting, chaired by Kathleen Connell. A bill was mentioned at that meeting, sponsored by Dutra, giving protection to those who build and manage condominium developments and he asked staff to prepare some background for Council on that bill Lowenthal said he attended Chamber Director Linda Asbury's going away party and commended her for her part in helping the community by integrating the City with the Chamber of Commerce. Chang talked about the Jade Galore robbery and killing and how badly Cupertino community feels about the situation, especially since Cupertino is such a safe place to live. He attended a meeting with the mayor and the sheriff's department, which allowed people to share information and receive a status report on the incident. He commended the sheriff's department for putting a priority on the investigation of this case and their efforts to keep Cupertino a safe place to live. James said she also attended the DeAnza College ceremony. She and Sheriff Smith made a public safety announcement taping at DeAnza College, which the City Channel will nm, encouraging people in the community to be proactive about reporting potential emergencies. James represented the City at the Boys and Girls Club annual event and attended the Silicon Valley Energy Summit. She attended a meeting at the Forum to present a shortened version of the State of the City address. James agreed that the sheriff's department handled the incident at Cupertino Village very well and mentioned that any additional press conferences will come from the sheriff's department. James mentioned that on March 31, the Chamber of Commerce will host the Citizen and Businesses of the Year Awards, at the new community room at the Senior Center. All are invited to attend. The citizen of the year this year is Wally Dean, a previous Mayor, the large business of the year is I-IP, the medium sized business of the year is the Outback Steakhouse and the small business of the year is Tom Hall, CPA. James will co-chair the event and the guest speaker is John Little, CEO of Portal Software. March 19, :2001 Cupertino City Council Page CLOSED SESSION - None ADJOURNMENT At 8:30 p.m. the meeting was adjourned.