The following message is from DS.

CCC,
Unrented space is not unique to Cupertino. There are
over 8,000,000 square feet of empty building space in
Santa Clara county alone. For some reason, some
council members seem to be so eager to fill an empty
space, you'd think the only reason they were doing so
was to to add another line in their " Look what I did
" in their resume'. Infrastructure should be No.1
priority right now. Has anyone seen that the light
rail is coming down by Winchester ave. toward Los
Gatos. Our goal should be getting all the people that
are here now from point A to B. --DS

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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It is good to read of the opinions of the Concerned Citizens.
I value your input, along with the views of every resident
of Cupertino.  Since some of this discussion is about me,
I thought you might want to take a minute to hear my side
of the story.

First, to directly respond to Malka's Wednesday note, I
don't know why you would applaud your peers for delivering
"... well written speeches..."
...while proceeding to blast me for essentially the same thing:
"What is most disturbing is that Sandoval came with a
written speech, typed prior to the meeting...".  The truth
is that yes, *some* of my thoughts were written down in
advance (longhand, not typed!).  Others were added
in response to testimony (pro and con) Monday evening.
I've been studying material related to The Oaks/Regis
for many months, so it shouldn't be a surprise that
I have some points to share with the applicant, the public,
the staff and my colleagues.
      Are you arguing that I should be unprepared?

Malka also complains that "She also addressed us
as "you people."....".
That was a partial quote from my comments.  Here is the
full section:
"I hear what you people are saying in terms of--- we want
to have retail here.  But we need viable retail , and we
need you to shop there.  The Save Our City--- I think all
of us want to Save Our City, we're probably not---
we're probably thinking of the same thing.  We need
Cupertino to thrive-- we need it to live.  But we also
need people to shop in our city, to support the businesses
here, not to buy Amazon, or BN, or big box.....(etc.)"

So to address Malka's questions, I meant no offense by the
phrase 'you people' and if anyone took offense, I apologize.
What I meant to refer to were the people in the audience
and at home (really all residents of Cupertino) who should
realize that shopping decisions impact our town.  Choosing
Valley Fair over Vallco, or AMC Saratoga over The Oaks
theaters ends up having a direct impact on the viability
of businesses.  The reason for those comments is that it
seems more people are expressing love for The Oaks now
than actually frequented the now closed stores,
restaurants, and theaters.  So Malka, if you want to offer
an alternate interpretation of what I meant, you are entitled
to your opinion, just as I'm entitled to set the record
straight.

I could go on, but instead I'll just close by saying that
despite the harsh rhetoric against me, there were sound
reasons for favoring the Regis proposal.  I'd respectfully
ask that you allow for the possibility that there is room for
more than one interpretation of the information Council considered
Monday.  You may disagree with my vote, but you should know
that I made it with a clear conscience, given all the
facts that I had available.  I may not have sided with you
on Monday, but I heard your concerns and considered them,
and I did the same with all the input and testimony received
during this process.  I work hard to represent
all of Cupertino, and to arrive at decisions to serve the
public good.

I will be happy to discuss these issues with anyone and
everyone at any time.  You can reach me via dsandoval@
cupertino.org.

Happy holidays!

Sincerely,


Dolly Sandoval

The following message is from MB:

Hello All,

My expectation is that Regis will come back with another
proposal to build at the Oaks.

Perhaps some minor changes like:

Not asking for part of Mary Ave right of way

A slightly smaller number of units

Changing some of the units to 2 bedroom units

A better list of improvements for the tenants

Other thoughts:

The retailers think that at least some business will come from
the homes vs. none from a dead area of the complex. It would be
good to talk with those that will listen that new tenants coming in
and doing retail will enhance the traffic and will generate more
business than 49 townhomes in the back. Their response will
be that no one wants to come to the Oaks. They are probably
right.

If I am not mistaken; The Shane Company (something like a
9000sf building) generates more than $100,000 annually in
sales tax for the Cupertino City budget (I believe the number is
closer to $1 million+). The city only receives approximately 2%-
3% of the revenue generated by property tax. So . . . the
difference is:

$700K townhouse = $8400 property tax = 2%-3% to the city
approx $168 to $252 a year = times 49 units = $12,348max a
year. That's what you get for the additional $34M valuation of the
property that they were harping on. Even if the existing 17,000+
square foot dead retail space generated $50,000 to the city
(which equals a paltry $5 million in sales per year from
something nearly twice the size of Shane) that would be 4 times
the revenue with better potential for growth. I would expect that a
lot more than $50K could be generated per year if the right
tenant(s) came in and the owner was willing to improve the site
for them.

It is a lot to expect that any large tenant would be excited to come
to the Oaks. However; I feel that efforts by the City Council, the
Chamber of Commerce, and local business owners in lobbying
potential retailers to come and look at the Oaks may help. We
can't expect the owners to do any more for the Oaks (just like
Vallco) than try to build townhomes. If they were going to improve
it, they've had the last 18 years to show their intentions of doing
so.

We may only be able to hope that they become frustrated and
tired enough with the center to just simply sell to someone who
will improve it. However; based on current vacancy and
condition, they may not get enough to warrant selling it for
anything more than a bargain basement price. Kind of a
catch-22 . . .
--MB

Hi, all.
We are very happy to see people start posting messages
to the list; democracy in action! Important: when you
reply to a message, please try and remember to delete
the original e-mail before replying to the group.
Otherwise, as you may have noticed, the digest will be
difficult to scroll through. (I have turned on the
"moderator" function until I/we get the hang this.
That will allow me to edit the messages before they
are posted.)

Reminder: this is a Daily Digest list, meaning all our
messages are combined into a single daily e-mail. So,
if you post something today, you won't see it until
tomorrow. (Why? It prevents you all from being hit
with too many e-mail interruptions.) However, should
you want to be right on top of the action and see the
messages as they come in, simply go to our Yahoo! site
and read the individual messages. Click here to read
the latest: http://groups.yahoo.com/group/cccupertino

Finally, if you know anyone who would like to join
this list, please tell them to simply send a blank
e-mail to CCCupertino-subscribe@yahoogroups.com

Thank you all for your patience, and especially your
feedback while together we work through setting up
this new system.
--CCCmoderator
CCCupertino@...

__________________________________
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New Yahoo! Photos - easier uploading and sharing.
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My thanks to all those who spoke against the Regis Homes project at the
Oaks. Especially to the person who shamed Mayor James into recusing herself.
What a beautiful example of the need for citizens to be watchful of their
elected officials at all times and of the positive results from doing so.

Let's keep up the pressure


Mark Silverman


----- Original Message -----
From: <CCCupertino@yahoogroups.com>
To: <CCCupertino@yahoogroups.com>
Sent: Wednesday, December 17, 2003 12:53 PM
Subject: [CCCupertino] Digest Number 40


There are 4 messages in this issue.

Topics in this digest:

       1. Thank you
            From: CCCupertino <CCCupertino@...>
       2. EXTRA, EXTRA!
            From: CCCupertino <CCCupertino@...>
       3. To: l.enoksen@...
            From: CCCupertino <CCCupertino@...>
       4. RE: Oaks Project defeated
            From: "Nagel, Malka" <mnagel@...>


________________________________________________________________________
________________________________________________________________________

Message: 1
    Date: Tue, 16 Dec 2003 22:00:22 -0800 (PST)
    From: CCCupertino <CCCupertino@...>
Subject: Thank you

We would like to thank all of you who contributed to
our success in defeating the Ken Busch/Regis Homes
application to demolish part of the Oaks Shopping
Center to build high-density housing (3 and 4 bedroom
units).

We should keep in mind, to paraphrase Arnold in
Terminator, that "They'll be baaaak." Ken Busch/Regis
Homes has put too much in this to give up now, so
expect them to return soon -- with Sandoval and
Lowenthal working on ("educating") Kwok and Wang to
convert them to the applicant's side. That means we
will have to "keep our shirts on," so don't put those
collector's items away just yet.

Finally, let's all be sure and thank Council members
Patrick Kwok and Kris Wang for their vote. They need
to know that we appreciate their support of the
citizens of Cupertino, and that we will be there to
support them in the future.  Their e-mail addresses
are kwang@..., and pkwok@....
Also, please write to the Courier to express your
views: courier@....

So let's keep going; keep getting signatures for the
Oaks petition; keep talking this up with our
neighbors, and keep on top of what is happening at the
Planning Staff, the Planning Commission, and City
Council levels.--BG

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to:
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015

Remember: We are not a tax deductible organization, and any left over
donations will be donated to a Cupertino charity -- TBD. (Suggestions: CCS,
Fremont Union HS Foundation, CEEF....).

__________________________________
Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/


________________________________________________________________________
________________________________________________________________________

Message: 2
    Date: Tue, 16 Dec 2003 22:28:16 -0800 (PST)
    From: CCCupertino <CCCupertino@...>
Subject: EXTRA, EXTRA!

We're front page news folks!

Click here: http://cupertino.cc

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to:
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015

Remember: We are not a tax deductible organization, and any left over
donations will be donated to a Cupertino charity -- TBD. (Suggestions: CCS,
Fremont Union HS Foundation, CEEF....).

__________________________________
Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/


________________________________________________________________________
________________________________________________________________________

Message: 3
    Date: Tue, 16 Dec 2003 22:45:25 -0800 (PST)
    From: CCCupertino <CCCupertino@...>
Subject: To: l.enoksen@...

From: Kris Wang [mailto:kris@...]
Sent: Tuesday, December 16, 2003 11:55 AM
To: l.enoksen@...
Subject: Re: The Oaks and Cupertino

Larry,

I want to thank you too for your concerns and your
voice to what was happening in our city.  My job is to
vote for what I believe is the best for Cupertino and
your voice has definitely showed me the way.

Thanks,
Kris

----- Original Message -----
From: "Larry Enoksen" <l.enoksen@...>
To: <kwang@...>
Sent: Tuesday, December 16, 2003 9:36 AM
Subject: The Oaks and Cupertino


Council[woman] Wang,

Although I wasn't able to attend the meeting last
night, I feel strongly that any development of The
Oaks, and Cupertino must be done with planning and a
deep commitment to the residents of our city.
Cupertino planners and residents worked hard for many
years to have the beautiful open views that we enjoy,
the feel of our community.

As many of the people in our community that haven't
attended the council meetings, I strongly object to
what has been done to the corner of De Anza and
Stevens Creek as well as the urbanization plans that
have been put forth for Stevens Creek between Stelling
and De Anza.  All one has to do is drive East on
Stevens Creek past the De Anza intersection to realize
the mistake that has been foisted upon the community.

The Oaks plan has the potential of being another of
these great community mistakes, between the traffic
congestion, the altering of the view, the impact of
"noise  bounce" off the buildings on distant
neighborhoods, and the potentially devastating impact
upon our already burdened schools.

Developers CAN come to the community with projects
that maintain the beauty of our city while providing
needed amenities and still make money.

Your vote last night assured that they will give
consideration to the needs and design wishes of your
constituents.  Please have the conviction of those
supporting you with their votes to ensure the
community is served to the greater good rather than
the interests of the developer. Again, thank you for
your action to improve your (our) city, rather
than just 'develop' it.

Have a Great Day!

Larry C Enoksen, EA, Notary
VP Operations, Tax Mam, Inc/Tax Services Group
l.enoksen@...
http://www.taxmam.com
http://www.cupertino-optimists.org

Larry C. Enoksen, VP, Tax Mam Inc.
District Governor Elect, Pacific Central District,
Optimist International
Member: Cupertino, Cabo San Lucas, Saratoga, & Miracle
Mile/Campbell Optimist
Clubs
Mentor or Advocate through:
EMQ (Eastfield Ming Quong)
CASA (Child Advocates of San Mateo and Santa Clara Cty)

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to:
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015

Remember: We are not a tax deductible organization, and any left over
donations will be donated to a Cupertino charity -- TBD. (Suggestions: CCS,
Fremont Union HS Foundation, CEEF....).

__________________________________
Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/


________________________________________________________________________
________________________________________________________________________

Message: 4
    Date: Wed, 17 Dec 2003 01:23:46 -0800
    From: "Nagel, Malka" <mnagel@...>
Subject: RE: Oaks Project defeated


With SAVE the CITY T-shirts worn by over 70+ people who attended the Council
meeting on December 15, 2003 we made our voices heard.  Thank you Dennis
Whittaker for supplying them.  However organized we looked and how well
disciplined we came across with our well written speeches three of our
Council Members still didn't get it.  Even though this project was defeated
it is very clear that Sandoval, James and Lowenthal have a pro-growth
agenda.  While James recused herself from voting on this item, apparently
later in the meeting she did mention how much she liked the Oaks project.

What is most disturbing is that Sandoval came with a written speech, typed
prior to the meeting. She was reading it when it came to her comments.
There were no specifics mentioned just generalities.  She also addressed us
as "you people."  What did she mean by that?  You people who don't know any
better?  You people who don't matter?  You people who are unwise and me
Councilwoman knows better than you.

Lowenthal had his math all wrong in regards to the Oaks project.  He said he
supported the project because 10 vendors in the shopping center supported
it.  Ten vendors were important to him, but the approximately 300 some
signatories collected against the project were not.  Also the fact that over
40+ people spoke against it were not. He also didn't care that over 70% of
the  General Plan Task members did not want to see housing in retail spots.
He also didn't care that over 70% of the General Plan Task Force did not
want to see the narrowing of streets.  Nor did he care that 79 new vertical
parking spots would cause cars to be shining their lights into the current
apartment dwellers.  Nor did he care that the narrowing of Mary and
additional vertical parking would be a safety hazard to the cyclists. Nor
did he care about Mr. Fox's address to the Council on November 17 stating
that Monta Vista had 67 additional new students that they didn't account for
the current school year.  Nor did he care that this new housing project
could add at least 15 more new Monta Vista students if not more.  Nor did he
care that the dollar amount per student at Monta Vista is shrinking.  Nor
did he care that the athletic programs at the Fremont Union High School
Districts are short of funds.  Nor did he care that these housing units
would probably sell from $700,000+ and do not address "affordability."  We
all can wonder who Mr. Lowenthal really represents.  And I thought he was
good with numbers.

The two shining knights for the evening were councilman Kwok and
councilwoman Wang.  Kwok was against the project because he did not see the
merit of giving up City property, Mary Avenue, for the sake of making a
project survive.  He also listened to the fact of the General Plan Task
Force results.  He also questioned the need for housing and the effects on
the schools.  He wondered why the owners of the Oaks hadn't done more in the
past to promote their shopping center. Wang questioned whether the Oaks
management was deliberately keeping the Center vacant because of the
proposed housing project.  She also expressed her concern on the school
impacts.  Kwok and Wang were the only two who voted against the project.

It is up to us to continue monitoring this Council.  While they were elected
by the people their is a "Holier than Though" attitude.  We must continue
the battles.  This was just one little victory.

Malka




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With SAVE the CITY T-shirts worn by over 70+ people who attended the Council
meeting on December 15, 2003 we made our voices heard.  Thank you Dennis
Whittaker for supplying them.  However organized we looked and how well
disciplined we came across with our well written speeches three of our
Council Members still didn't get it.  Even though this project was defeated
it is very clear that Sandoval, James and Lowenthal have a pro-growth
agenda.  While James recused herself from voting on this item, apparently
later in the meeting she did mention how much she liked the Oaks project.

What is most disturbing is that Sandoval came with a written speech, typed
prior to the meeting. She was reading it when it came to her comments.
There were no specifics mentioned just generalities.  She also addressed us
as "you people."  What did she mean by that?  You people who don't know any
better?  You people who don't matter?  You people who are unwise and me
Councilwoman knows better than you.

Lowenthal had his math all wrong in regards to the Oaks project.  He said he
supported the project because 10 vendors in the shopping center supported
it.  Ten vendors were important to him, but the approximately 300 some
signatories collected against the project were not.  Also the fact that over
40+ people spoke against it were not. He also didn't care that over 70% of
the  General Plan Task members did not want to see housing in retail spots.
He also didn't care that over 70% of the General Plan Task Force did not
want to see the narrowing of streets.  Nor did he care that 79 new vertical
parking spots would cause cars to be shining their lights into the current
apartment dwellers.  Nor did he care that the narrowing of Mary and
additional vertical parking would be a safety hazard to the cyclists. Nor
did he care about Mr. Fox's address to the Council on November 17 stating
that Monta Vista had 67 additional new students that they didn't account for
the current school year.  Nor did he care that this new housing project
could add at least 15 more new Monta Vista students if not more.  Nor did he
care that the dollar amount per student at Monta Vista is shrinking.  Nor
did he care that the athletic programs at the Fremont Union High School
Districts are short of funds.  Nor did he care that these housing units
would probably sell from $700,000+ and do not address "affordability."  We
all can wonder who Mr. Lowenthal really represents.  And I thought he was
good with numbers.

The two shining knights for the evening were councilman Kwok and
councilwoman Wang.  Kwok was against the project because he did not see the
merit of giving up City property, Mary Avenue, for the sake of making a
project survive.  He also listened to the fact of the General Plan Task
Force results.  He also questioned the need for housing and the effects on
the schools.  He wondered why the owners of the Oaks hadn't done more in the
past to promote their shopping center. Wang questioned whether the Oaks
management was deliberately keeping the Center vacant because of the
proposed housing project.  She also expressed her concern on the school
impacts.  Kwok and Wang were the only two who voted against the project.

It is up to us to continue monitoring this Council.  While they were elected
by the people their is a "Holier than Though" attitude.  We must continue
the battles.  This was just one little victory.

Malka

From: Kris Wang [mailto:kris@...]
Sent: Tuesday, December 16, 2003 11:55 AM
To: l.enoksen@...
Subject: Re: The Oaks and Cupertino

Larry,

I want to thank you too for your concerns and your
voice to what was happening in our city.  My job is to
vote for what I believe is the best for Cupertino and
your voice has definitely showed me the way.

Thanks,
Kris

----- Original Message -----
From: "Larry Enoksen" <l.enoksen@...>
To: <kwang@...>
Sent: Tuesday, December 16, 2003 9:36 AM
Subject: The Oaks and Cupertino


Council[woman] Wang,

Although I wasn't able to attend the meeting last
night, I feel strongly that any development of The
Oaks, and Cupertino must be done with planning and a
deep commitment to the residents of our city.
Cupertino planners and residents worked hard for many
years to have the beautiful open views that we enjoy,
the feel of our community.

As many of the people in our community that haven't
attended the council meetings, I strongly object to
what has been done to the corner of De Anza and
Stevens Creek as well as the urbanization plans that
have been put forth for Stevens Creek between Stelling
and De Anza.  All one has to do is drive East on
Stevens Creek past the De Anza intersection to realize
the mistake that has been foisted upon the community.

The Oaks plan has the potential of being another of
these great community mistakes, between the traffic
congestion, the altering of the view, the impact of
"noise  bounce" off the buildings on distant
neighborhoods, and the potentially devastating impact
upon our already burdened schools.

Developers CAN come to the community with projects
that maintain the beauty of our city while providing
needed amenities and still make money.

Your vote last night assured that they will give
consideration to the needs and design wishes of your
constituents.  Please have the conviction of those
supporting you with their votes to ensure the
community is served to the greater good rather than
the interests of the developer. Again, thank you for
your action to improve your (our) city, rather
than just 'develop' it.

Have a Great Day!

Larry C Enoksen, EA, Notary
VP Operations, Tax Mam, Inc/Tax Services Group
l.enoksen@...
http://www.taxmam.com
http://www.cupertino-optimists.org

Larry C. Enoksen, VP, Tax Mam Inc.
District Governor Elect, Pacific Central District,
Optimist International
Member: Cupertino, Cabo San Lucas, Saratoga, & Miracle
Mile/Campbell Optimist
Clubs
Mentor or Advocate through:
EMQ (Eastfield Ming Quong)
CASA (Child Advocates of San Mateo and Santa Clara Cty)

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/

We're front page news folks!

Click here: http://cupertino.cc

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/

We would like to thank all of you who contributed to
our success in defeating the Ken Busch/Regis Homes
application to demolish part of the Oaks Shopping
Center to build high-density housing (3 and 4 bedroom
units).

We should keep in mind, to paraphrase Arnold in
Terminator, that "They'll be baaaak."  Ken Busch/Regis
Homes has put too much in this to give up now, so
expect them to return soon -- with Sandoval and
Lowenthal working on ("educating") Kwok and Wang to
convert them to the applicant's side. That means we
will have to "keep our shirts on," so don't put those
collector's items away just yet.  

Finally, let's all be sure and thank Council members
Patrick Kwok and Kris Wang for their vote. They need
to know that we appreciate their support of the
citizens of Cupertino, and that we will be there to
support them in the future.  Their e-mail addresses
are kwang@..., and pkwok@.... 
Also, please write to the Courier to express your
views: courier@.... 

So let's keep going; keep getting signatures for the
Oaks petition; keep talking this up with our
neighbors, and keep on top of what is happening at the
Planning Staff, the Planning Commission, and City
Council levels.--BG

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/

Ken Busch/Regis Homes (Oaks Shopping Center)
Mayor James: abstain
Vice Mayor Kwok: no
Councilmember Lowenthal: yes
Councilmember Sandoval: yes
Councilmember Wang: no


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Monday, Dec. 15th at 6:45pm, Cupertino City Hall
Issue: *Rezoning* of the Oaks shopping center for
high-density housing
=====
We encourage you to let all your neighbors know about
this meeting, its importance, and to have them wear a
SAVE OUR CITY tee shirt to the meeting. You may pick
up your tee shirt at Dennis Wbittaker's office between
the hours of 9-5 at 20395 Pacifica Drive, Suite #108
(closed for lunch between 12:30-1:30).

Thank you all very much!


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Dec. 15th, 6:45pm, Cupertino City Hall
Item 21: Demolishing part of the Oaks Shopping Center
to build high-density housing; Forty-nine 3 and 4
bedroom condominiums and two duets on 2.9 acres.

=====
CCCupertino: As it really is
Thank you all for your thoughtful reports!
--CCCmoderator

Subject: Interesting Finding, by BG
I went to the Cupertino Library this morning to get
the tape of the Nov. 17 City Council meeting where Don
Fox presented a perspective on the challenges facing
the FUHSD.  Next to the tapes were the minutes of the
meeting in a fat packet.  I looked and looked and
could find no documentation of Fox's presentation. 
Then in looking back at the overview of the meeting it
stated that "no documentation is provided."
I then reviewed the tape knowing MN had seen Fox's
presentation.  Fox spoke for 20-30 minutes with a
dozen slides or so spelling out what MN reported.
At the least the minutes could have incorporated the
slides and at the best a report of the narrative which
I thought would be required.
Can such a significant presentation be omitted from
the minutes?  Isn't the City Council required to
provide accurate and complete minutes of meetings? 
Maybe some of you who have more experience with these
matters can comment.
I will review Fox's presentation in detail and, if
necessary, reproduce and present his slides again.
It has also become apparent to me that every presenter
on Monday should write out the essence of their
presentation and make sure you ask that it be included
in the record and hand it to staff after you are
finished.   This should insure that it is included in
the minutes.--BG

>>Re: Interesting Finding, by SS
Oh yes. During the Stevens Creek Trail debacle, key
points made by the citizenry were completely left out
of the minutes. (Even a threat to sue the city was
left out.) Also, a 30 year old ordinance that
protected the McClellen Ranch Nature Preserve from
being paved with a bike road was completely ignored --
until it fell into our hands and we "educated the city
council."  The Minutes: They will list who spoke, and
maybe include their first sentence -- but that is
about it. **Unfortunately, it is up to us to pay
strict attention.** In my opinion, sometimes their
game is designed to frustrate you, and eventually wear
you down. Thus the phrase, "you can't fight city
hall." However, we keep in mind the city's
organizational chart: Staff reports to the city
council, and the city council to the citizenry -- hey,
that's us! I truly believe we are doing a very good
job of "educating" them.--SS

>>RE: Interesting Finding, by FN
Thank you for the information! Unbelievable but all
cities have been getting away with these things for so
long. We really need to persistently criticize and
make public the cities scandalous behavior. There must
be a way to demand accurate record keeping. Publishing
the wrong information should be a crime although when
a whole roomful of intelligent people were there and
said nothing about it whose fault is it?.
 
This is happening in all cities because of public
apathy "we don't have time", "they were elected and or
we appointed them". We are giving away our rights to
people who quite obviously do not no what they are
doing. Just take a look at the  south east corner of
De Anza & Stevens Creek Blvd's this picture is worth a
thousand words.
 
I think that is one reason why the city waits so long
to publish the minutes.  The city truly knows how to
work us to get the desired results.  It is our
responsibility to hold them accountable.--FN

>>RE: Interesting Finding, by LE
I would suspect that the city council minutes are much
like Congress': if you provide your comments to them,
written out and ask they be incorporated in the
minutes, they will (or probably will) be, but if you
are planning upon their recording your words and
incorporating your presentation in them, . . . well,
you already know the answer.
 
I hope to be at the meeting Monday, but often have a
conflict, so can't promise, but I would suggest
everyone representing CCC write their presentation,
regardless if is word for word what you speak, and
hand it to the recorder, asking it be included in the
meeting report.
 
I suspect one thing will happen, for two reasons: 
they will initially balk because nobody normally asks
for the inclusion, but it will be from concern that
the organization has determined a way to document
their protests and get them before the council in a
manner they can't deny your spoken word, and they will
soon suspect it is preparatory for a challenge during
the next election or a court challenge, since their
minutes are designed to protect the council.
 
If nothing more happens than they are included in the
packet, as the video tape was, and available for
public scrutiny, then you have created a trail and
public opportunity.
 
Also, one more thing I noticed recently, all the
proposals put forth have violated the 4 story rule
that has been in place for Cupertino for years.  But
even their proposals cite communities that DON'T have
4 stories, if you tour the communities they want to
pattern themselves after you will find mostly TWO
story buildings that have a lesser street setback. 
 
Initially, my response to building housing next to the
on-ramp was what the heck, I support putting it there
because it doesn't blight the view while in town, and
I would still support it for the same reason, BUT it
just occurred to me the problem with our sound walls,
and the sound bounce which will have a significant
impact not on the Oaks side of the freeway, but the
opposite individual housing side.  I would
think homeowners on the west side of 85 north of
Stevens Creek would have a huge concern with the
potential for additional noise bounce and the
resulting reduction in their property values. 
 
The freeway noise abatement was something people in
the community fought for, and the council pushed the
highway commission to take several actions to reduce
the noise.  They are now setting up a situation that
will aggravate the noise situation for our community,
most likely bouncing noise all the way over to the
hills beyond Phar Lap Dr!  If one takes into
consideration the geometric factor of the noise bounce
from the entire freeway intersection, one could
probably project the effect would result in a piece of
pie shaped wedge of sound refraction with the point of
the pie piece at the Oaks with the broadcast sound
pointed in the general direction of the "old" Monta
Vista community, nee Cupertino.
 
Keep up the fight, you cannot permit the monstrous
expansion of the Prometheus corner!--LE

>>RE: Interesting Finding, by BJ
The city and all public agencies are required by LAW
to keep accurate and complete minutes of all meetings.
This must include at least that a presentation was
made and where more complete information can be found
if not in the minutes. Sounds to me like we have a
city that is not complying with the law.--BJ


>>Subject: Don Fox Presentation to City Council, Nov.
17, by BG
I sat for a few hours watching the video and went line
by line through the report by Don Fox to the City
Council on Nov. 17.  MN did a great job of capturing
the essence but I think it is useful to reiterate the
detailed version.

Don Foxis the newly appointed Director of Business and
Property Services for FUHSD

-No attendance boundaries or changes  boundaries that
have been in effect for many many years are under
discussion in the district.

Slide 1: Property tax based (funding for district)
Not a per pupil formula
More students dilute funding per student
Vulnerability due to State's fiscal crisis
Narrative:
Prop tax base exceeds revenue limit imposed by the
state and district gets only basic aid from state
Pupil population has no bearing on revenue therefore
more students causes dilution of funding
The state assult to take away $120 per student basic
aid provision and to strip excess property tax is
targeted again this year.
Don't know what funding will be next year.

Slide 2 Incremental tax from property taxes
             01-02 02-03 03-04
Students        8664 8860 9028
Revenue/ea        6137 6321 6105  (note decline)
Revenue per student available also impacted by
employee compensation issues ( I gather this is
related to negotiations with teachers regarding salary
and benefits which if increased decreases funding per
student)

Slide 3.  Other facilities
       Sunnyvale HS district closed facility
       District Office Complex
       Adult Education Facility
This was presented in the context of what other
facilities are available for use.

Slide 4. Status of Modernization Program
       In final stages in most schools
       Significantly ahead of original schedule
       Work at Monta Vista may go into 05-06
       Capacity considerations
For capacity district was using the City General Plan
prior to the 01 housing element augmentation (whatever
that is) , this factor not build into the master plan
for the schools.

Slide 6. Enrollment Projections
       Utilize data from feeder districts
       Past history vs student forecast
       Economic issues
       New development
       Changing demographics
       General plan changes
There have been economic anomalies and more
developments (housing I presume) than anticipated in
general plan.
Slide 6: Development implications
       One district wide student generation factor
(Method generally used)
       New MRF (apartments, etc) yield .029(new
students)/unit
       New single family residences, 0.195/unit
       Developer fees help mitigate facility issues

Some developments had 15 times the generation factor
Need to be more sophisticated in doing these analysis
(whatever that means)

Slide 7: Monta Vista Growth Projections
       Current enrollment 2274  (67 above projected,
300 % higher) in October, trying  to understand how
this happened.
       Current 5 year growth expectation 124 (if this
holds and with the anomaly above  will be at almost
2400 by 08-09
       08-09 enrollment estimate 2398
Don called this year an anomaly but how does anyone
know that it is one and the trend wont continue?

Slide 8. Cupertino Growth Projections
       Current enrollment 1505
       5 year growth expectation 93
       08-09 enrollment 1598

Slide 9:  Challenges ( in business we usually called
our problems "challenges.")
       Tax based funding for programs
       Resource dilution due to growth
       Facility impaction
       Concerns about stability of tax, basic aid
provisions

Lowenthal Q:  If add 50 units would add about 10
students,  what is property tax from these units, Fox
didn't know
Lowenthal: So does it pay to have new housing or not?
             Does new housing pay its way for new
students
Fox said they didn't have that data.
Biggest drivers are assessed valuation, incremental
students and new housing
James Q
What is the capacity at MV, Fox didn't know what it is
but commented that you could do a number of things to
determine capacity:
Could load every class to 32 kids, call that capacity
There are enrichment classes that may not have 32
qualifed so do you eliminate them?
Special program classes that are smaller than 32, so
what is their capacity?
Fox gave a qualitative answer on capacity, he feels we
are now at capacity, will be pushing it at 2400

James Q:  Explain how you work with our staff.  Foz
said he doesn't have a lot of experience with staff. 
But gave the politically correct answer of how
wonderful they are,,etc.
Kwok Q
Capacity issue, with respect to developments in
Cupertino.
What happens when developer says will build 500 units,
what do we (City Council members) do or how do we
respond?
Fox said they need more data, better data to know the
impact of any particular development and to know what
mitigation is needed to make it a contributing part of
the community rather than a detriment.
Capacity calculation is based on board policies about
teachers, classroom size, number of classes, etc. so
the School Board would have to establish policy first.
Q: Do you have a master plan, eg, 200 units at STevens
Creek  and DeAnza, how do we deal with this.
School master plan based on general plan of several
years ago, now need a better generation factor based
on this community rather than a district wide factor
to know the answer.
Q: Can you legally reject students?    Fox said
categorically NO you can't, if they live in the
district
Chang Q
Is HS district revenue limited,  Fox said no
Q: With more students coming in you've reached the
maximum funding you can get, you don't get more
funding for more students, correct?
Fox: That's correct in current situation.
You have two moving lines, if had twice as many
students.and no increase in assessed valuation then
revenue limit line imposed by the state would go above
property tax line and funding would come from state. 
Get x dollars per kid and property tax flat and lines
will cross.
Getting $700 per student in property tax than revenue
limit calculation.
(This was confusing, what I got from it was that if
property taxes do not cover a specified number of
dollars per student (the revenue limit) then the state
funds are available.  However, if property taxes do
cover the the specified number then the state
contributes nothing.  Currently Cupertino is getting
$700 more per student in property taxes than the limit
set by the state so no funds are available from the
state.  Thus any new students dilute funding per
student.)
Chang Q:
Is increase in property tax sufficient to cover
increase in students so far?
Fox said NO, the $/per student have gone down in real
dollars in recent years.
Last year $120 was taken away, not a matter of
property tax not keeping up but removal of basic aid
provision of $120 by the state.
Chang Q
Is the basic aid provision is vulnerable and
continuously vulnerable?
Cox don't know, but said that threats are cumulative
because of the large state deficit.
Chang
On the capacity issue, how many students can be fitted
in, it's a quality of education issue in HS district,
the more students, the quality of education will go
down as $ per student amount goes down and so we need
to be careful.
Cox:  I would say that is a potentiality given most
scenarios we can see  right now
Chang:

The attractiveness of Cupertino is quality of
education and bringing in more students  will affect
the quality of education in Cupertino.

There you have the text and slides.  I believe we
should harp on this issue at the meeting on Monday. 
We'll probably need more than one person to discuss
various of the issues discussed with the City
Council.  I'll take a crack at dividing up the
presentations in some way and then look for you all to
participate and speak.
The City Council seems to be treading on quicksand
where this issue is concerned.  How can you approve
new projects if you have no plan to insure that the
quality of education will not be negatively impacted. 
They could, of course, say that well its only 50 units
but 50 here, 50 there, 50 everywhere and pretty soon
you have several thousand.--BG

>>RE: Don Fox Presentation to City Council, Nov. 17
by BJ
What you have said regarding slide #2 is not correctly
stated, in my opinion. Increasing teachers salaries
does not dilute the moneys per student. The moneys per
student remains the same under all current situations.
Increasing teachers salaries only means that the more
money the teachers get the less there is for
maintenance, classified staff, books, supplies, etc.
etc. etc. Money per student times students is the
total budget the district has to work with, and part
of that must go to pay teacher salaries. This may
merely be semantics, but I think you need to speak it
very clearly.

I've been on elementary and high school budget
committees, can you tell?--BJ

<end CCCupertino Report>


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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First, we have pulled to the front 3 City Council
sessions that will be OFF CAMERA. The public may
attend the STUDY SESSION and the "team-building
session." A big NO on CLOSED SESSIONS -- no cameras,
no public. Why? Who knows folks. However, we do know
that we, the people, own that property (Simms) they
will be discussing  behind CLOSED DOORS, and that it
was purchased as an extension of our McClellan Ranch
Nature Preserve.

1) STUDY SESSION
5:30 p.m. in Conference Room C
1. Discuss funding for the Stevens Creek Corridor
project.
2. Pick a date for the Stevens Creek Trail Alignment
field trip. (No documentation in packet). Continued
from November 17.

2) CLOSED SESSION
36. Negotiations for purchase, sale, exchange, or
lease of real property - Government Code Section
54956.8 – consultation with City representatives David
Knapp and Therese Smith regarding the lease of the
Simms House, located at 22241 McClellan Rd. (No
documentation in packet).

3) ADJOURNMENT
Adjourn to a Council team-building session on
Thursday, December 18, 2003, from 2:00-4:30 p.m., at
the Blackberry Farm Retreat Center, 21975 San Fernando
Avenue.
======
======
And now, the AGENDA. The Oaks REZONING is item 21 --
which is also the first public hearing. We need all
hands on deck for this one folks!--CCCmoderator


City Council - AGENDA - 12/15/2003CUPERTINO CITY
COUNCIL ~ SPECIAL MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday December 15, 2003
5:30 p.m.

CITY COUNCIL MEETING
ROLL CALL
STUDY SESSION – 5:30 p.m. in Conference Room C

1. Discuss funding for the Stevens Creek Corridor
project.

2. Pick a date for the Stevens Creek Trail Alignment
field trip. (No documentation in packet). Continued
from November 17.

RECESS
PLEDGE OF ALLEGIANCE - 6:45 p.m. in the Council
Chambers
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS

3. Presentation regarding the goodwill delegation
visit to Toyokawa and donation to American Red Cross.
(No documentation in packet).

4. Presentation to Michael Gottwald in recognition of
his receipt of the 2003 distinguished service award
from AroseBooks Publishing. (No documentation in
packet).

POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons
wishing to address the council on any matter not on
the agenda. Speakers are limited to three (3) minutes.
In most cases, State law will prohibit the council
from making any decisions with respect to a matter not
listed on the agenda.

CONSENT CALENDAR

Unless there are separate discussions and/or actions
requested by council, staff or a member of the public,
it is requested that items under the Consent Calendar
be acted on simultaneously.

5. Approve the minutes from the December 1 City
Council meeting.

6. Adopt a resolution accepting Accounts Payable for
November 28, Resolution No. 03-223.

7. Adopt a resolution accepting Payroll for December
5, Resolution No. 03-224.

8. Accept the Treasurer’s Budget Report for October
2003.

9. Adopt a resolution declaring weeds on certain
properties a nuisance and set a hearing date for
January 20, Resolution No. 03-225.

10. Approve the Planning Commission nomination for an
Environmental Review Committee
representative.

11. Accept city projects performed under contract for
Portal Park and Wilson Park Improvement, Project No.
2002-9119 (Bay Construction). (No documentation in
packet).

12. Adopt a resolution amending the boundary of
Underground Utility District No. 17, Stevens Creek
Boulevard between Tantau Avenue and Stern Avenue,
Resolution No. 03-226.

13. Adopt a resolution authorizing the City Manager to
execute an agreement with the Santa Clara Valley
Transportation Authority (VTA) that will enable the
City to receive a Transportation Fund for Clean Air
(TFCA) grant in the amount of $1,114,797.00 for the
Mary Avenue Pedestrian Footbridge project, Resolution
No. 03-227.

14. Adopt a resolution authorizing the City Manager to
execute a Joint Use Agreement with Santa Clara Valley
Water District for the Regnart Creek Trail, Resolution
No. 03-228.

15. Adopt a resolution accepting an Improvement
Agreement for Barbara Feldstein Kalman, Kathy Keiles
Baker, and Kaaren Streetman, 21678 Stevens Creek
Boulevard, APN 357-17-012, Resolution No. 03-229.

16. Adopt a resolution authorizing additional
construction contingency for the contract for the
DeAnza Boulevard Adaptive Traffic Signal System,
Project No. 420-9535, in the amount of $30,000.00, to
cover the installation of additional traffic signal
detector loops and to cover any additional unforeseen
work required to complete the project, to bring the
total project amount including contingency to
$224,550.00, Resolution No. 03-230.

17. Approve a Memorandum of Understanding with the
Volunteer Center of Silicon Valley for emergency
services.

18. Approve the Second Amendment to Second Restated
and Amended Joint Exercise of Powers Agreement (JPA)
creating the Silicon Valley Animal Control Authority
(SVACA) for notice of withdrawal from the Authority as
of July 1, 2004 and the development and approval of
the Authority’s budget for fiscal year 2004/05.

19. Adopt a resolution allocating the City of
Cupertino Roberti-Z’Berg-Harris (RZH) Block Grant
allocation of $129,165 for the Stevens Creek Corridor
project, Resolution No. 03-231.

20. Adopt a resolution allocating the 2002 Resources
Bond Act Per Capita allocation to the Stevens Creek
Corridor project, Resolution No. 03-232.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS

21. Consider Application Nos. Z-2003-03, TM-2003-03,
U-2003-05, EXC-2003-04, EA-2003-11, Ken Busch/ Regis
Homes, 21255 Stevens Creek Boulevard, APN(s):
326-27-035 (Oaks Shopping Center):

A. Grant a negative declaration

B. Approve a Tentative Map to subdivide one parcel
into a 5.4 acre commercial property and a 2.9 acre
residential property for 49 condominiums and 2 duets

C. Approve a Use Permit to demolish 17,800 square feet
of the Oaks Shopping Center and construct 49
townhomes, and to make signage, landscaping and
parking improvements to the Oaks Shopping Center

D. Approve Heart of the City exceptions related to
setbacks and screening walls adjacent to commercial
properties

E. Rezone approximately 10 acres from P(CG) and R3 to
P(Com, Res) Planned Development with Commercial and
Residential Intent

F. Conduct the first reading of Ordinance No. 1932:
“An Ordinance of the City Council of the City of
Cupertino Rezoning 10.19 Acres From P(CG) Planned
Development With General Commercial Intent and R3
Multiple Family Residential to P(Com/Res) Planned
Development With Commercial and Residential Intent.”

22. 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. (This item was continued from November
17):

A. Adopt a Negative Declaration

B. Approve a Tentative Map to subdivide a 7.74 acre
parcel into two parcels: 4.47 and 3.2 acres,
respectively

C. Approve a Use Permit to construct a 107-unit
condominium project and 6,450 square feet of new
retail space

D. 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)

F. 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
Commercial, Office, Light Industrial and Hotel Uses to
P(Com, Off, Res) or Planned Development with
Commercial, Office and Residential Uses.”

PLANNING APPLICATIONS

UNFINISHED BUSINESS

23. Review the neighborhood entry improvements to
South Portal Avenue by the Marketplace Shopping
Center.

24. Authorize the City Manager to finalize a contract
for animal services with the City of San Jose.

NEW BUSINESS

25. Request for a fee waiver from the Spiritual
Assembly of the Baha’is of Cupertino in the amount of
$225.00 to hang a banner across Stevens Creek
Boulevard for World Religion Day celebration on
Sunday, January 18, 2004.

26. Review and adopt a resolution authorizing the City
Manager to negotiate and execute Amendment No. 3, for
additional consultant services with SMWM Architects,
for the additional items added to the Library and
Civic Center project, as approved by the City Council,
not to exceed an amount of $350,000, and approval of
$100,000 for additional services, as may be required
and approved by the Director of Public Works, through
the completion of the project, Resolution No. 03-233.

27. Reduce the number of Fine Arts Commissioners from
seven to five members.

28. Select a date for the Council goal setting
session. (No documentation in packet).

29. Accept an offer by Dick and Carolyn Randall to
donate two commissioned sculptures by artist Georgia
Gerber for the Cupertino Library/Civic Center Plaza.

30. Conduct the first reading of Ordinance No. 1933:
“An Ordinance of the City Council of the City of
Cupertino Rezoning Approximately 4.3 Acres of Property
from ML(Light Industrial) to P(Res) for Imperial
Avenue.”

ORDINANCES

31. Conduct the second 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.”

32. Conduct the second 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.”

33. Conduct the second 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.”

STAFF REPORTS

34. Receive a status report on General Fund Revenue
and Expenditures. (No documentation in packet).

35. Receive a monthly status report on the Cupertino
Civic Center and Library Project. (No documentation in
packet).

CLOSED SESSION

36. Negotiations for purchase, sale, exchange, or
lease of real property - Government Code Section
54956.8 – consultation with City representatives David
Knapp and Therese Smith regarding the lease of the
Simms House, located at 22241 McClellan Rd. (No
documentation in packet).

ADJOURNMENT

Adjourn to a Council team-building session on
Thursday, December 18, 2003, from 2:00-4:30 p.m., at
the Blackberry Farm Retreat Center, 21975 San Fernando
Avenue.

REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.

<end CCCreport>



=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Christina Bellantoni no longer works for the Los Gatos Daily News. My name
is Christine Lias. I took her place here.

Contact me at news@...; (408) 358-7599; 405 Alberto Way,
#6, Los Gatos, CA 95032

We're still interested in receiving this.

Thanks,
Christine Lias

Hi,
         Michael Gottwald sent me a version of the agenda for Monday 15th,
which shows a study session at 5:30 - Topics are:
         Funding for Stevens Creek Trail
         Date for field trip to look at SCT alignment. (After all, there's
one new person on the Council. Does it matter what commission she was on
before? Or two plus years of discussion about it?)

And, despite the "Cupertino Scene" the Council will NOT discuss/approve
combining Public Safety/ B&P Commissions. Not until after we've had a
chance to talk about it. And the new commission may have more members
than either of the previous commissions had. B&P will talk about this on
the 17th, PS not until next month, so the Council won't take action until
then.
         (This is from Glenn Goepfert)

*Rezoning* of the Oaks for a high density housing
=====
Dennis Whittaker has purchased 200 X-large t-shirts with the
statement "SAVE OUR CITY" printed on them. This statement is
to be worn loud and clear at the City Council Meeting THIS
MONDAY NIGHT. (Dec. 15th, 6:45pm, Cupertino City Hall)

We, the people, need a tremendous show of force Monday night
with our message clearly displayed. We encourage you to let
ALL your neighbors know about this meeting, its importance,
and if possible, to have them wear one of the tee shirts.

How to get a tee shirt:
1) You may pick one up at Dennis' office between the hours of 9-
5 at 20395 Pacifica Drive, suite #108 (closed for lunch between
12:30-1:30).
2) You may pick one up at Bob Garten's house at 21344 Dexter
Drive. Simply call Bob at 253-5860, or e-mail him at xonon1@aol
to reserve one.

=====
Per City Hall:
The Oaks project is the FIRST ITEM on the agenda so we won't
have to wait 3-4 hours as has been the case in the past!
+++++
SJMN article today:
Front page article titled "Governor: School's funding may wait" 
indicates local funding for schools may be decreased further.
With the increasing enrollment at Monta Vista High, coupled with
declining funding and potential further decreases in funding, the
dollars per student have no way to go but down. This means the
quality of education in Cupertino will DECLINE -- and  with that,
your property values. Adding more students by adding more high
density housing, such as the Oaks REZONING project, will only
exacerbate an already growing problem.  We will need to
challenge the City Council on Monday night with this issue,
asking how they will address this problem if more high density
housing is approved.--Bob Garten

=====
There are SIXTY-SEVEN (67) NEW students at Monta Vista High
school this year that they hadn't planned for...

PLEASE, it is so very important that everyone attends Monday
night's meeting!
 
Thank you very much.

Hi all: We have made some important changes to the
CCCupertino group e-mail list. The 'nuts and bolts' will be
outlined at the bottom of this message (action required by you --
none). Also, we have an excellent mailbag today, located under
tonight's agenda. (Yes, this is a long message, so if you are pressed for time
on this post-Holiday Monday, I might suggest you worry only about tonight's
agenda.)

Note: the City Council start time tonight is 5:30!!!

=====
AGENDA DETAIL
City Council
12/1/2003
AGENDA

CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED
MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, December 1, 2003
5:30 P.M.

PLEDGE OF ALLEGIANCE

ROLL CALL

CANVASS OF VOTES

1. Adopt Resolution No. 03-219: "A Resolution of the City Council
of the City of Cupertino Receiving Declaration of Election
Results, General Municipal Election, November 4, 2003."

CEREMONIAL PRESENTATIONS TO OUTGOING COUNCIL
MEMBER (S)

OATHS OF OFFICE FOR NEW MEMBERS

COMMENTS BY NEW AND INCUMBENT COUNCIL MEMBERS

ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons wishing to
address the council on any matter not on the agenda. Speakers
are limited to three minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a
matter not listed on the agenda.

ADJOURNMENT

AGENDA

CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR
MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, December 1, 2003
6:45 p.m.

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

ELECTION OF OFFICERS

1. Council members elect mayor and vice-mayor

2. City Clerk gives oath of office

3. Council member comments

4. Public comments

CEREMONIAL MATTERS – PRESENTATIONS

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons wishing to
address the council on any matter not on the agenda. Speakers
are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a
matter not listed on the agenda.

CONSENT CALENDAR

Unless there are separate discussions and/or actions
requested by council, staff or a member of the public, it is
requested that items under the Consent Calendar be acted on
simultaneously.

5. Approve the minutes from the November 17 City Council
meeting.

6. Adopt resolutions accepting accounts payable for November
14 and 21, Resolution Nos.
03-220 and 03-221.

7. Adopt a resolution accepting Payroll for November 21,
Resolution No. 03-222.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

PLANNING APPLICATIONS

UNFINISHED BUSINESS

NEW BUSINESS

8. Select a date for the Council goal setting session.
Recommended dates are January 23 or 30. (No documentation
in packet).

ORDINANCES

9. Conduct the second reading of Ordinance No. 1928 for the
Chinese Church in Christ: "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."

STAFF REPORTS

COUNCIL REPORTS

CLOSED SESSION

ADJOURNMENT

Adjourn to a reception for outgoing and newly elected Council
members.

REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.




CCCupertino Mailbag
=====
A group of us met with Ken Bush and the Property Manager of
the Oaks on Friday, Nov.21 at the Coffee Society. The group
included Susan and her brother, Dennis, Francine Nelson, Jean
Schwab (both from the Casa DeAnza), Barbara Jones (who
chaired the committee on school closings several years ago)
and her husband, Joan Chamberlin, Don Devchar and his wife
and a couple more people whose names I didn't get.

Most of the time was spent with the group airing its opinions and
concerns about the Regis Project. Most of the arguments you
have all heard before.

We told Ken that this was not personal with respect to him but
pulled no punches in airing our concerns and objections. Ken
did not add anything new in his statements of justification for the
project.

We made the point that the Oaks should remain a shopping
center and investment should be made in it to revitalize the area.
The Property Manager of the Oaks stated that the shopping
center is an investment by pension funds and retirement funds
and, therefore, probably operates like a Real Estate Investment
Trust returning a dividend to the shareholders based on rental
income. He stated that they have tried to add new tenants to the
Oaks without success. A Borders or Barnes and Noble requires
about 500,000 sq ft and the Oaks is to small to accommodate
them. The Andronicos was approved but they withdrew when the
economy turned down. Trader Joes execs looked at the back of
the Oaks but did not even return to discuss rents or a deal. He
also stated that the owners of the Oaks approached Regis about
the possibility of building residential and that is how this all
started. I still maintained that the Oaks is a viable shopping
center in the hands of capable and innovative owners willing to
invest and renovate it. There is no way of knowing how much of
an effort the current owners put into finding tenants for the back
area. Furthermore, the idea of renovating that area did not seem
to have been considered probably because the current owners
just don't want to put up any new money and want to run the
Oaks on a shoestring to return as much as possible to their
investors. I would expect that the owners of the Oaks have made
or will make this case with the City Council at the public hearing
and it will be difficult for us as ordinary citizens to refute. Any
ideas?

But all is not lost. I think we have a number of issues that could
stop the project and will summarize them in a separate e-mail.
--BG
-----
We look forward to your next report, BG. We have also just
learned that the current ownership of the Oaks is only 10 years
old. In my opinion, 10 years is  just long enough to pretend to
make it work before cashing and carrying out of OUR town a
retail venue that could provide a little of what makes life worth
living -- for those currently living here -- not those who want to
move here ONLY to  put their children through our FREE
schools. Case in point: the Oak's last major move was to turn
the movie theater into a first run venue, without  a remodeling
upgrade (they did add Dolby stereo to one unit, but those seats
were the originals.) So, who is going to spend 9 dollars to go to
the Oaks when they can go to a state of the art AMC, or Century
Theater? Not many. The Oaks: "see? we tried." Sure; they also
DOUBLED their tenants rents to drive them out of town!
Something's wrong with the movie they are playing to us.
---CCCmoderator

=====
Hi Everyone! XXXXXXX received a letter from William E. Bragg,
Superintendent of Schools, Cupertino Union School District. 
Members of our group have been told that an increased
enrollment within this district (high density) would have little or
no impact within the District.  Listen to this!! and I am going to
quote just a few lines: "We are now anticipating an additional
shortfall of $2 million next year.  Administration and overhead
have been cut to an absolute minimum.  Unless we are able to
generate increased revenue, we have no choice but to begin
making cuts that will impact classroom instruction. This will
mean an end to programs that help us retain the best teachers,
keep class sizes small, and limit the educational opportunities
for students that make our schools so truly outstanding."  Here
is one option that he is proposing.  "One option is to follow the
lead of some of the best school districts in the state and ask
local voters to approve a parcel tax that would provide a stable
source of local funds for retaining quality teachers, avoiding
increases in class size, and maintaining essential educational
programs."
 
I am in the process of writing him an e-mail telling him that his
issue is with the Cupertino City Council and not the residents of
Cupertino.  If you have children, maybe this is the time for you
to get involved.  Bragg closes his letter by saying "if you have any
comments or suggestions, please write to me at the Cupertino
Union School District Office 10301 Vista Drive, Cupertino,
California or e-mail me at bragg_bill@....
 
Our plight regarding the issue of housing (Verona, Vallco, AND
ON AND ON) continues to be so very important.  We now know
that the Fremont Union School District understands what has
happened and the thorn has been Cupertino Union. At this point
the Administrators should get their stories right.  Something is
very wrong with the picture!!  --P


=====
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I hope you all enjoy your new list!
--CCCmoderator.

<end of CCCreport>

Hey
Thought you should reference the article in today's Mercury News re:
building of a Loews Building Store in San Jose in the old IBM site. I
thought the arguments against the building were very relevant to our
discussions.
MN

scheduled for Monday, November 24, 2003, has been
cancelled. The Planning Commission will resume its
normal meeting schedule on Monday, December 8, 2003.
=====
CCCMailbag:
I wanted to see if the Realtors sign issue had come up
during last Monday's Council meeting as I gave up and
left the council meeting. But the last council meeting
notes published on the city web site are for Nov 20th.

CCC could consider posting council meeting minutes
that would not only be more current than the cities
but netted out to reflect what really happened and how
each council member contributed (or not) for the
citizens of Cupertino.

Bet that this could be built to the point that any
concerned citizen would come to the CCC web site for
current council reports without all the "icing"
(BS).In fact our beloved Courier could run CCC "As it
Really Is" articles.

Oh, just pinched myself so now awake again. --BH
----
Dear BH,
Excellent direction ideas for the cupertino.cc
website! All: PLEASE help us by sending YOUR MINUTES,
and "As it Really Is" reports to:
cccupertino@....

...and now, our newest feature!

CCC: As it Really Is!
=====
The Oaks:
Well I went to the bicycle Committee this evening.  I
was the only one there from our group :(  The
Commission started to discuss the narrowing of Mary
and at first were going to passover it with not much
fan-fare.

The staff person - Glenn - said he had concerns about
what was decided by the developer and what was
approved by the Planning Commission. Some key
points that Glenn said:
1.  Did not like the fact of removing a middle turn
lane to get into the Oaks (did you all know this??)
2.  Was concerned about vertical parking on the East
side of Mary
3.  Compared the future of Mary to Pacific Grove.
Saying that this area will become like Pacific Grove
with traffic coming to a grinding halt.
4.  He did pay attention to Bob Garten's photos
mentioning that what the residents saw and what the
traffic study said were in conflict.

I spoke up towards the end of this discussion and hit
on the fact that they have just spent a LOT of time
and energy making MARY a bicycle destination
point and thoroughfare.  Did you all know that the
pedestrian and bicycle bridge across Mary crossing HWY
280 will COST $6.8??  Now I did not know that it was
this much money..but I knew it was an important bike
path.  So I questioned the wisdom of narrowing Mary
and adding vertical parking which will endanger the
bicycle riders.

After some discussion the COMMISSIONERS voted to WRITE
a letter to Council stating that the narrowing of Mary
has safety issues and that they are not in favor of
vertical parking on Mary. They will state that this is
in oppossition to the MONIES that are going to be
spent on the Mary footbridge. While one lady (don't
know her name), Robert Levy, and David Greenstein were
NOT in favor of this narrowing the other 2 were a
little lukewarm on the subject.  We need to keep on
hammering on this point. Safety.

NOW what this Bicycle and Pedestrian commission is
less interested in are the following:
1.  Some of the commissioners don't care that a middle
turn lane into the Oaks  lot will disappear
2. Don't care that off-street parking be eliminated.
Say that this parking is for the "freeloaders" from De
Anza college or Flint Center.
3.  Some commissioners may be open to PAID parking on
Mary.
4. Some commissioners don't care if traffic comes to a
grinding halt on Mary (they all want you to walk
anyways).
5. One commissioner suggested REMOVING the right turn
lane into #85 from Stevens Creek  isn't necessary.
6. One commissioner suggested that DE ANZA parking be
used DURING Memorial PARK events - so who needs Mary
parking?

Our task will be to come up with answers to all of
these POINTS.  I am starting to take photos of
congestion around De Anza college while I drive
to work.  First set of photos weren't that great..but
I am working on it.  I have noticed major congestion
around 9:00 a.m. and 6:00 p.m. during the week.  How
about NOONTIME?--MN

=====
The November 17 issue of Barrons has an interesting
perspective on the changes in Silicon Valley between
the year 2000 and now.  Basically, the valley has lost
200,000 jobs and is just now showing some signs of
recovery.  However, recovery of 200,000 jobs would
require the 20 biggest companies to hire 1000 people a
year for 10 years to get back to where we were in 2000
and this appears unlikely given the economic prospects
and the trend towards outsourcing high tech jobs to
India and China according to Barrons.  Start-ups which
fuel jobs have been few and far between in recent
years and they do not produce significant jobs for
7-10 years if successful.  Barrons also believes that,
although housing prices have remained relatively
stable fueled by low interest rates,  there has been a
lot of forward buying stealing future demand and that
significant weakness will develop when interest rates
start to rise.

Perhaps the content of this article can be used to
argue against high density housing in Cupertino at the
City Council meeting. 
Any thoughts would be appreciated.  Thanks.--BG

-----
Dear BG: We hope you peruse this argument. Questions
for staff could be: “Just how old are the ABAG
numbers? Was the outsourcing trend factored in?”
During the Streetscape Plan (high-density housing
along Stevens Creek Blvd), staff used ABAG as THE
reason for pushing high-density housing. The citizens
asked: "What are the penalties for not meeting ABAG
projections?" Staff: "I don't know — I don’t believe
there are any." Citizens: "How are other cities doing
with this regional requirement for more housing?"
Staff: "We don't know.”  Citizen: ABAG…? Staff: “I
don’t think so.” And so it went. As of late, staff has
stopped referring to ABAG all together! Do we really
'need more housing' sure seems like a logical and
timly question to ask -- and have answered.
-- CCCmoderator

=====
More openness will promote trust
CHUCK REED'S PROPOSAL IS SOUND AND DESERVES UNANIMOUS
OK--Mercury News Editorial

``The right of the people to know what their
government is doing is fundamental to democracy, and
with very few exceptions, that right supersedes any
other reason government officials may have to limit
public access to information.''

We couldn't have said it better. The sentence
introduces a proposal by San Jose City Council member
Chuck Reed to make it easier for people to get
information from City Hall. The council ought to adopt
Reed's policy statement Tuesday and work with the city
attorney on rules to implement it.

The state Public Records Act already requires much
information to be available, but cities vary widely in
their enthusiasm for complying with the law. Reed's
idea is to go beyond compliance to a broader
presumption: Everything should be public unless it's
required by law to stay private, such as personnel
files, or unless some clearly harmful result will
outweigh the benefit of public disclosure. It's a
solid philosophy.

Reed first proposed this in January. At the time, City
Attorney Rick Doyle said he would incorporate the
ideas in a public records protocol he hoped to
complete by June.

Reed revived his request for council action this month
because the protocol -- a roadmap for complying with
records requests -- still is not finished, and because
Doyle reported he was talking with attorneys for other
cities and the county to develop a countywide
approach.

That set off alarms for Reed. It's hard to imagine
every city from Gilroy to Palo Alto agreeing to be as
open as Reed suggests. If San Jose bought into a
compromise -- which Doyle says won't happen -- city
government could end up less open to public scrutiny
than it is now.

On Friday, Doyle said the county effort has yet to
begin and agreed that media representatives should be
part of the discussion.

Doyle has made information more accessible than his
predecessor, Joan Gallo. Still, a unanimous council
vote on Reed's policy would be helpful to make clear
the city's intent.

Public trust in government is at a low ebb, and
nothing feeds distrust more than secrecy. Reed's
standard for openness would help rebuild a foundation
of trust in San Jose government.


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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The BICYCLE/PED Committee is meeting tonight in the
Council Chambers. One of their agenda items is the
OAKS area walkability. It would be a good time to
bring up concerns about the MARY narrowing and effects
on parking and bicycles.  The meeting starts around
7:00 p.m.  I plan to go..anybody else??--M

=====
Cupertino Courier/Letters Re: The Oaks
http://www.cupertinocourier.com/cu-letters2.shtml

Commission acts with disregard for residents
—-Robert L. Garten, Cupertino

Oaks represents city we love, not high density
—-Dennis Whittaker, Cupertino

=====
CCCupertino Mailbag:
(2 letters about the Nov. 17th City Council meeting)

1)Dear Neighbors and Friends,
It's past 10PM on this cold Monday night but I managed
to stay up to watch the Cupertino City Channel and
most importantly, the information which was presented
by the FUHSD - DON FOX, to our City Council Members.

Don Fox presentation really hit the topic of excessive
growth and impact to FUHSD- specifically, Monta Vista
and Cupertino High School.

Some key notes he hit upon which I believe will peak
interests to many active against high density growth
in Cupertino:
- Current developments were NOT considered to the
modernization of
current high school sites- meaning increased growth in
student count.
- Most high schools except Monta Vista High School
(which is targeted to complete in 2005-2006) are in
the final stages of modernization.
- There are capacity considerations

Monta Vista High School enrollment as of October 2003
is at 2274. Current 5 year growth is projected to be
+124 students. NOTE: THIS IS NOT WITH THE PROJECTED
HIGH DENSITY HOUSING ON THE CORNER OF DEANZA/STEVENS
CREEK OR THE OAKS LOCATION!

Projected growth 2008-2009 is 2394 - close to 2400
students. Capacity number at Monta Vista High School
is unknown at this time. Don Fox did note that Monta
Vista was or is VERY CLOSE TO capacity. HE felt 2400
was pushing it.

CUPERTINO HIGH SCHOOL is currently at 1505 students
Projected growth in 2008-2009 is targeted to be 1598
students.

What I was impressed about with FUHSD presentation was
the emphasis on not how many students the district can
"SARDINE INTO ONE CAN" - or how many PORTABLES THEY
CAN ADD TO A CAMPUS. I remember Rick from Cupertino
Union School District emphasizing that they can
"ACCOMODATE GROWTH" by adding portables- which to me
was ridiculous.  Adding portables and squeezing in
students are like squeezing bodies into a sardine can.
What would happen to the quality of education when
it's jeopardized by so much growth?

Mayor Chang hit a key point and I was JUMPING UP AND
DOWN OUT OF MY SEAT! It's not about capacity we are
talking about but the quality of education at this
point. People move to Cupertino because of the
quality of education.

I do hope the city council members take head to this.

I guess the key thing to ask the City Council members
is, "IS GROWTH THAT IMPORTANT IF IT IMPACTS THE
QUALITY OF EDUCATION FOR OUR
CURRENT STUDENTS?" --S.

=====
2) I would like for everybody to see the telecast for
last night's Council meeting. You have to flip to one
of the last items on the agenda.  The subject started
around 10:30 at night, so I don't know how far into
the telecast you have to go.

A Don Fox from the Fremont Union School District
spoke.  While he was invited there from Council to
show how "the school is speaking with staff" the
Council did not know what he would be talking about.

Basically what he told the Council is that "Monta
Vista is to capacity." He also reflected on how the
state budget is wreaking havoc on their planning. They
have no clue if the current budget will stay or get
worse.  He also said that the projections for Monta
Vista expansion/modernization which is going on right
now was based on the PREVIOUS General Plan, NOT the
new one that calls for 4,000 units.  He told the
Council that more students means a dilution of funding
per student.  He also said that this year they had an
anomaly that does NOT correspond with general
projections.  While they project that every new single
residence will bring about .195 students, this year
they have seen a "15 times generation factor."  This
meant they had 68 more students than they accounted
for causing some disarray.

Mr. Fox is concerned about future developments.  He
was polite to the Council though.  Mr. Lowenthal
seemed to grasp quickly the numbers problems and was
trying to ask Mr. Fox "how many housing units and
expected revenues from those housing units will offset
this dilution."  Mr. fox didn't know the answer.  This
was the first time the Council sat up there and looked
a little stunned in my opinion.  Mr. Kwok asked if "we
could turn students away?"  We know the answer to that
question, "no."

Monta Vista currently has 2274 students.  Their 5 year
projection is 124 more students.  By 2009 they will
reach 2400. At this point they will be "pushing it."
--M.

Meeting Replay on Cable Channel 26:
CITY COUNCIL MEETING - NOVEMBER 17, 2003)
THURSDAY, NOVEMBER 20 -- 6:30 PM (REPEAT)
SATURDAY, NOVEMBER 22 -- 9:00 AM (REPEAT)
TUESDAY, NOVEMBER 25 -- 6:30 PM (REPEAT)

=====
Thank you all for contributing to this report.
--CCCupertino Moderator
<end CCCupertino Report>










=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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First, the CCCMailbag:

FYI: I sent the following letter to the Cupertino
Courier this evening.

Abe, turn over in your grave!!!
The Cupertino Planning Commission met on Nov. 10 to
decide on the Regis Homes application to convert the
Oaks Shopping center to high-density housing.  This
item was carried over from the Oct. 13th meeting but
was relegated to the fifth item on the agenda for
reasons that were not explained to attendees.  After
enduring 4 hours of other, non-carried forward agenda
items, over 40 attendees waited their turn to speak. 
A petition with 252 signatures opposing the Oaks
project was presented to the Commission and
dismissed.  Over 20 local residents got up to express
in no uncertain terms their opposition to the
project.  Only two people spoke in favor of the
project and they represented organizations that are
not even located in Cupertino.

In the end only one commissioner, Gilbert Wong, had
the courage to listen to the local residents and vote
their will against the project.  Unfortunately, he was
outnumbered by the other members of the commission,
who in total disregard for the concerns of the local
residents approved the project.  Those members of the
Commission are no respecter of persons and, therefore,
must think they can act on divine intervention to
overcome the will of the people.  In their arrogance
they think they have greater wisdom and insight than
residents who have lived here for decades.  One
prominent developer, Mr. Avery of Avery Construction
who built the Glenbrook Apartments spoke strongly in
opposition to the project.  But the experience and
wisdom of this respected developer was ignored as was
the opposition of all those who spoke.

The will of the people in Cupertino is being usurped
by those who think they know better than those of us
who have resided here for years.  They act in total
disregard for the democratic process in which the will
of the people should and must prevail, otherwise,
democracy has little meaning.  Only public servants
like Gilbert Wong seem to understand this ideal and
for that he should be applauded.

Abraham Lincoln on the battlefield of Gettysburg where
I attended college expounded on the sacrifices made so
that "government of the people, by the people and for
the people should not perish."  Unfortunately
Cupertino has implicitly rewritten those words that
"government of the developers, by the developers and
for the developers shall not perish from Cupertino." 
Abe must be turning over in his grave.

Our city is being abused and the current residents are
being ignored while developers get every benefit. 
This can only be stopped by more involvement by the
citizens of Cupertino making their voices heard to the
City Council that will meet to discuss the Oaks
project on the "tentative" date of December 15.  Of
course this item may be listed last on the agenda so
that any opposition will have to endure hours of other
items before it is considered.--a Concerned Citizen
=====
Dear Citizens,
This meeting lasted 5 hours 39 minutes! It will be
replayed on the City Channel, Cable 26 on SATURDAY,
NOVEMBER 15 at 9:00 am. We STRONGLY recommend you MAKE
TIME to watch the Oaks item, and witness how the
people's concerns were ignored (the oaks should start
around noon). As for the city council agenda below --
it's another marathon. Please help me by reviewing it
carefully. If you'd like to share your thoughts,
please submit them by Sunday, and I'll post them for
you all on Monday.
--CCCupertino moderator
=====
AGENDA
DETAIL
City Council
11/17/2003
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, November 17, 2003
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS

1. Proclamation declaring the week of November 23 – 29
as Family Week in Cupertino.

POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons
wishing to address the council on any matter not on
the agenda. Speakers are limited to three (3) minutes.
In most cases, State law will prohibit the council
from making any decisions with respect to a matter not
listed on the agenda.

CONSENT CALENDAR

Unless there are separate discussions and/or actions
requested by council, staff or a member of the public,
it is requested that items under the Consent Calendar
be acted on simultaneously.

2. Amend the minutes of October 6 to remove a
speaker’s address and clarify comments.

3. Approve the minutes from the November 3 City
Council meeting.

4. Adopt resolutions accepting Accounts Payable for
October 31 and November 7, Resolution Nos. 03-208 and
03-209.

5. Adopt a resolution accepting Payroll for November
7, Resolution No. 03-210.

6. Adopt a resolution declaring the intention to order
a vacation for portion of roadway easement, Sheng Hwa
Ho and Wei Tai-Fen Ho, 22279 Janice Avenue, APN
357-01-102, Resolution No. 03-211.

7. Accept municipal improvements (No documentation in
packet):

A. For grading, curb and gutter: Optimum Investments,
LLC, 21870 Almaden Avenue, APN 357-15-029

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)
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

B. Adopt a resolution approving a General Plan
Amendment to locate a church in an existing office
building, Resolution No. 03-217

C. 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)

D. 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.”

12. Consider Application No. MCA-2003-01 to amend
Title 17 of the Cupertino Municipal Code regarding
temporary signs, City of Cupertino, Citywide.
(Continued from 10/20/03):

A. 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.”

13. 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

B. Approve a Tentative Map to subdivide a 7.74 acre
parcel into two parcels: 4.47 and 3.2 acres,
respectively

C. Approve a Use Permit to construct a 107-unit
condominium project and 6,450 square feet of new
retail space

D. 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 Commercial,
Office, Light Industrial and Hotel Uses to PCom, Off,
Res) or Planned Development with Commercial, Office
and Residential Uses.”

PLANNING APPLICATIONS
UNFINISHED BUSINESS
dNEW BUSINESS

14. Fremont Union High School District (FUHSD)
presentation regarding attendance boundaries and
projected number of students from new developments.
(No documentation in packet).

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.

16. Adopt a resolution updating the Joint Powers
Agreement for the Bay Area Employee Relations Service,
Resolution No. 03-218.

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.”

18. Furniture, Fixtures, and Equipment (FF&E) for the
Library:

A. Consider the Schedule and Options for the purchase
of the 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

19. Pick a date for the Stevens Creek Trail Alignment
field trip. (No documentation in packet).

20. Authorize the City Manager to execute a lease with
Hunter Properties for the relocation of the City
Attorney’s offices.

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.”

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.”

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.

24. Receive a status report on the General Plan Task
Force recommendations and schedule.

25. Receive a report regarding the sports center
marketing proposal presented by Grace and Tony Toy on
November 5, 2003.

26. Receive a report regarding the change in field
scheduling and the Parks and Recreation Commission
recommendation to staff to issue permits for Sunday
play at Jollyman and Creekside parks.

27. Receive a status report on the Cupertino Civic
Center and Library Project. (No documentation in
packet).

28. Receive a status report on General Fund Revenue
and Expenditures. (No documentation in packet).

29. Receive a status report on the R1 ordinance update
and schedule.

COUNCIL REPORTS
ADJOURNMENT

Adjourn 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.




=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Protect your identity with Yahoo! Mail AddressGuard
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The REZONING of the Oaks shopping center is on the
Planning Commission's agenda tonight. The meeting
starts at 6:45pm (the Oaks starts later--Item 5.) We
hope to see you there!

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Protect your identity with Yahoo! Mail AddressGuard
http://antispam.yahoo.com/whatsnewfree

First, two primers from the Cupertino Courier:

1) Maybe owner drove business out of Oaks
After reading the second publication of Jim Carlisle's
letter in the Courier I am prompted to offer an
alternative explanation for the "decline" of the Oaks.


Could it be that the absentee landlord of the Oaks has
systematically driven out the businesses so it could
be sold for development?

Mr. Carlisle referenced many of the fine businesses
that have departed the Oaks and there are more in
recent years. In each case the business owners,
including a favorite, The Clean and Well Lighted
Place, stated that they left the Oaks because rising
rents made business untenable The absentee landlord
appears to have continued raising rents even during an
economic downturn to keep business out and justify the
"decline" of the Oaks.

The Oaks is our local shopping center, which I
patronize every day. We should not capitulate by
saying it's "too late" for the Oaks. Rather the
residents of Cupertino should urge city officials to
promote business, reject development that would reward
the objectionable behavior of the absentee Oaks owners
and line the pockets of developers for pouring more
concrete into our city.

City officials gain much more revenue from retail
space than from housing developments, so it is common
sense to encourage the revival of the Oaks even if it
means pressuring the current owners or encouraging new
ownership who will invest in the Oaks and make it
thrive once again.
—Robert L. Garten, Cupertino

2) De Anza and Stevens Creek is a reminder to pay
attention
A number of years ago, a common complaint was the
two-story brick building on the corner of De Anza and
Stevens Creek Boulevards. I would venture to say that
that building is no longer the main criticism of that
very visible area of Cupertino.

Directly kitty-corner from that building is a mass of
buildings. Hiding the original high-rise is a hotel,
an apartment complex and I do not know what else. It
reminds me that I need to pay more attention to what
is going on at city hall.

To my thinking, this highly dense eyesore should be an
example and reminder to us to keep tabs on what is
happening between developers, the planning
commissioners and our elected city council.
—Heather Dean, Cupertino

> More Courier letters, click here:
http://www.cupertinocourier.com/cu-letters2.shtml

> Cartoon chops DeAnza, click here:
http://www.cupertinocourier.com/cu-op-decinzo.shtml

=====
MONDAY
AGENDA DETAIL
Planning Commission
11/10/2003

City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408)
777-3308
AGENDA OF THE REGULAR MEETING OF THE PLANNING
COMMISSION
City Council Chambers
November 10, 2003, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG

ROLL CALL

APPROVAL OF MINUTES
October 13, 2003
October 27, 2003

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR
3. Z-2003-06, TM-2003-05, EA-2003-15; Peggy Galeb;
7811 Orion Lane
Request postponement to Planning Commission meeting of
December 8, 2003

ORAL COMMUNICATIONS (Reserved for persons wishing to
address the Commission on issues that are not already
included in the regular Order of Business)

CONSENT CALENDAR

PUBLIC HEARING

1. Application No.(s): TR-2003-10
Applicant: Jeff Galeix, AIA (AAI Design Solutions)
Location: 10590-10600 N. Tantau Avenue

Tree removal of four olive trees as part of an
approved landscaping plan and
planting of replacement trees

Planning Commission decision final unless appealed

ACTION TO BE TAKEN:
1. Approve or deny TR-2003-10


2. Application No.(s): TM-2003-04
Applicant: Dick Childress (Debcor, Inc.)
Location: 1358 S. Stelling Road

Tentative map to subdivide a 22,212 square foot lot
into two parcels

Planning Commission decision final unless appealed

ACTION TO BE TAKEN:
1. Approve or deny TM-2003-04


3. Application No.(s): Z-2003-06, TM-2003-05,
EA-2003-15
Applicant: Peggy Galeb
Location: 7811 Orion Lane

Rezoning of a 1.17 acre parcel from BQ(quasi-public)
to R1-6(single-family
residential, 6,000 square foot minimum parcel size)
Tentative map to subdivide a 1.17 acre parcel into six
lots

Tentative City Council date: January 5, 2003
Request postponement to Planning Commission meeting of
December 8, 2003

ACTION TO BE TAKEN:
1. Approve or deny EA-2003-15
2. Approve or deny Z-2003-06
3. Approve or deny TM-2003-05


4. Application No.(s): GPA-2003-02, Z-2003-07,
U-2003-11, EA-2003-14
Applicant: Liang Tsai Lin/ Chinese Church in Christ
Location: 10455 Bandley Drive

Authorize a General Plan Amendment to locate a church
in an existing office building

Rezoning of a 2.95 acre parcel from P(CG,ML, Res-4-10)
(Planned Development (General Commercial, Light
Industrial, Residential 4-10 dwelling units per gross
acre) to (P(CG, ML, BQ, Res 4-10) ( adds BQ
quasi-public)

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)
Tentative City Council date: November 17, 2003

ACTION TO BE TAKEN:
1. Approve or deny EA-2003-14
2. Approve or deny GPA-2003-02
3. Approve or deny Z-2003-07
4. Approve or deny U-2003-11


5. Application No.(s): Z-2003-03, TM-2003-03,
U-2003-05, EXC-2003-04, EA-2003-11
Applicant: Ken Busch/ Regis Homes
Location: 21255 Stevens Creek Boulevard

Rezoning of approximately 10 acres from P(CG) and R3
to P(Com, Res) Planned Development with Commercial and
Residential Intent

Tentative map to subdivide one parcel into a 5.4 acre
commercial property and a 2.9 acre residential
property for 49 condominiums and 2 duets

Use permit to demolish 17,800 square feet of the Oaks
Shopping Center and construct 49 townhomes, 2 duet
units, and to make signage, landscaping and
parking improvements to the Oaks Shopping Center

Heart of the City exceptions related to setbacks,
screening walls adjacent to commercial properties

Continued from Planning Commission meeting of October
13, 2003 Tentative City Council date: December 15,
2003

ACTIONS TO BE TAKEN:
1. Approve or deny EA-2003-11
2. Approve or deny Z-2003-03
3. Approve or deny TM-2003-03
4. Approve or deny U-2003-05
5. Approve or deny EXC-2003-04


OLD BUSINESS

NEW BUSINESS
6. Appointment of Environmental Review Committee
representative
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor’s Monthly Meeting with Commissioners

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

DISCUSSION OF NEWSPAPER CLIPPINGS
ADJOURNMENT

If you challenge the action of the Planning Commission
in court, you may be limited to raising only those
issues you or someone else raised at the public
hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at,
or prior to, the public hearing. Please note that
Planning Commission policy is to allow an applicant
and groups to speak for 10 minutes and individuals to
speak for 3 minutes.

In compliance with the Americans with Disabilities Act
(ADA), the City of Cupertino will make reasonable
efforts to accommodate persons with qualified
disabilities. If you require special assistance,
please contact the city clerk’s office at 408-777-3223
at least 48 hours in advance of the meeting.

<end CCCupertino Report>



=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Protect your identity with Yahoo! Mail AddressGuard
http://antispam.yahoo.com/whatsnewfree

General Election  -  Tomorrow!
Tuesday, November 04, 2003
Time: 08:00 am - 08:00 pm
The General Election will be an important opportunity to select
local representatives for city council and school boards.

=====
CCCupertino MAILBAG:
Re: ELECTION:  I'd like to remind people of their right/prerogative
of writing in names of their choice for the two city council
candidates and not voting for the two main candidates as a sort
of minor protest to let the winners know there was no
unanimous mandate.  They might notice a few hundred votes for
a lot of write-in candidates.  That's what I'm doing.
-- A  Concerned Citizen

=====
GENERAL PLAN TASK FORCE
The City Council  selected 73 members for the GP Task Force.
The Task Force met throughout the summer and early fall to
make recommendations to the City Council on key issues
identified in the draft General Plan. The administrative draft of the
General Plan has already been released, and the City Council
determined that there should be more community participation
in reviewing it prior to public hearings in 2004.

The Administrative Draft of the General Plan is online:
http://cupertino.org/city_government/departments_and_offices/
planning_and_building/general_plan_update/index.asp

(or: http://cupertino.org  -- it's the last link on the right)

=====
AGENDA DETAIL
City Council
11/3/2003
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR
MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, November 3, 2003
6:45 p.m.

CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS
1. Proclamation declaring November 2-8 as Youth Appreciation
Week in Cupertino, to be presented to the Cupertino and De
Anza Optimist clubs. (Continued from October 6, 2003).

2. Proclamation presented to the Emergency Housing
Consortium declaring the week of November 16 through 22,
Hunger and Homelessness Awareness Week in Cupertino.

3. Proclamation presented to the Cupertino Tournament of
Bands.

4. Proclamation presented to Cupertino Chamber of Commerce
Executive Director Jody Hansen.

5. Proclamation presented to Mahesh Nihalani in recognition of
his support for the Chamber of Commerce Diwali Festival.

POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons wishing to
address the council on any matter not on the agenda. Speakers
are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a
matter not listed on the agenda.
CONSENT CALENDAR

Unless there are separate discussions and/or actions
requested by council, staff or a member of the public, it is
requested that items under the Consent Calendar be acted on
simultaneously.

6. Approve the minutes from the October 17 and 20 City Council
meetings.

7. Adopt resolutions accepting Accounts Payable for October 17
and 24, Resolution Nos. 03-197 and 03-198.

8. Adopt a resolution accepting Payroll for October 24,
Resolution No. 03-199.

9. Accept the Treasurer's Budget Report for September.

10. Adopt the State Resolution authorizing the investment of
monies in the Local Agency Investment Fund (LAIF).

11. Adopt a resolution approving the destruction of records from
the Human Resources, Code Enforcement, and City Clerk's
Department, which are in excess of two years old, Resolution
No. 03-200.

12. Acknowledge a fee waiver expenditure of $9,631.16 for the
Cupertino Rotary Club's facility use of portions of the Quinlan
Community Center and Memorial Park, and staff costs for the
2003 Oktoberfest that was held on October 11 and 12.

13. Adopt a resolution accepting Citizens' Option for Public
Safety (COPS) grant allocation, Resolution No. 03-201.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS

14. Adopt a Negative Declaration and approve Application Nos.
Z-2002-03 and EA-2002-20, City of Cupertino, Linwood Acres,
Randy Lane and Larry Way between Lucille Avenue and Merritt
Drive, to rezone approximately 19 acres, consisting of 68 single-
family residences from A1-43 Agricultural-Residential Zone and
R1-7.5 Single Family Residence Zone. (Continued from October
20).

First 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."

PLANNING APPLICATIONS
UNFINISHED BUSINESS
NEW BUSINESS

15. Initiate reorganization proceedings for territory designated as
Monta Vista 02-07 and set a public hearing date of December
15, 2003 to consider protests, Resolution No. 03-207.

16. Library/Civic Center Project:

A. Review bids and award contract for the Civic Center Audio
Visual Equipment and Installation contract to Ceitronics, the
responsive and apparent low bidder, for a base bid of $631,738
and four alternates with a value of $179,007 for a total contract
amount of $810,745

B. Review and adopt a resolution authorizing the City Manager to
negotiate and execute the First Amendment to the Agreement
with Nova Partners in an amount not to exceed $300,000, for
additional Construction Management services on the Library and
Civic Center Project for a total Agreement amount of $1,150,000,
Resolution No. 03-202

17. Friends of the Cupertino Library donation:

A. Accept $75,000 from the Cupertino Library Foundation as
donated by the Friends of the Cupertino Library

B. Approve plaque recognizing $75,000 contribution by the
Friends of Cupertino Library fro the Children's Story Room in the
new Library

18. Consider establishing a policy embracing demographic
diversity:

A. Resolution No. 03-203 OR
B. Resolution No.03-203 and 03-204 OR
C. Resolution No. 03-205

19. Review bids and award contract for Reconstruction of Curbs,
Gutters and Sidewalks, Project No. 2003-01, to JJR
Construction, Inc. in the amount of $397,400.00, and approve a
contingent amount of up to $95,000.00 for additional work that
may be identified in the second half of the fiscal year as
approved by the Director of Public Works, for a total of
$492,400.00.

20. Consider adopting a resolution amending Resolution No.
03-186 and endorsing the Santa Clara Valley Transportation
Authority's (VTA)'s Community Design and Transportation (CDT)
Program and its Manual of Best Practices for integrating
transportation and land use, Resolution No. 03-206.

21. Authorize the City Manager to execute a $3,000 contract with
our City auditors, Maze and Associates, to test compliance with
City guidelines used in the approval of housing units to Below
Market Rate (BMR) program participants by our subcontractor
Cupertino Community Services (CCS).

22. Authorize the City Manager to execute a $29,000 contract with
Public Resources Management Group (PRM), to conduct a
Development Fee Study.

23. Review proposals for animal control services and direct staff
to negotiate a contract for animal control services effective July 1,
2004.

ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
CLOSED SESSION

24. Labor negotiations – Government Code Section 54957.6.
The purpose of the closed session is to consult with City
management representatives David Knapp, Carol Atwood,
Ralph Qualls, and Sandy Abe concerning labor negotiations with
Operating Engineer's Local No. 3.

25. Pending litigation - Government Code Section 54956.9(a),
Golden vs. City of Cupertino regarding a pending claim.

26. Negotiations for purchase, sale, exchange, or lease of real
property – Government Code Section 54956.8 regarding the
Blue Pheasant Restaurant.

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.

<end CCCupertino Report>

Item 2: "Rezoning...to P(Planned Development)." (NOTE:
'rezoning' is at the heart of the Oaks issue as well
--  scheduled for the Planning Commission's Nov. 10th
meeting.)

Below link: A timely 'commentary' by Palo Alto's Doug
Moran which includes information on 'Rezoning to
Planned Development.'

http://www2.bpaonline.org/BP-News/2003-fall/commentary.html

*****
AGENDA
DETAIL
Planning Commission
10/27/2003

City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408)
777-3308
AGENDA OF THE REGULAR MEETING OF THE PLANNING
COMMISSION
City Council Chambers
October 27, 2003, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG

ROLL CALL

APPROVAL OF MINUTES
September 22, 2003
October 13, 2003

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
(Reserved for persons wishing to address the
Commission on issues that are not already included in
the regular Order of Business)

CONSENT CALENDAR

PUBLIC HEARING

1. Application No. (s): U-2003-08
Applicant: Judy Ma (Metro PCS)
Location: 20565 Valley Green Drive

Use permit to install a wireless telecommunications
facility consisting of a 50 foot
slim-line pole and equipment storage unit

Planning Commission decision final unless appealed
Postponed from Planning Commission meeting of October
13, 2003

ACTION TO BE TAKEN:
1. Approve or deny U-2003-08

2. Application No.(s): Z-2003-02, TM-2003-02,
U-2003-04, EXC-2003-06, EA-2003-09
Applicant: Jane Vaughan/ Menlo Equities
Location: 10050 & 10080 N. Wolfe Road

Rezoning of a 7.74 acre parcel from P(CG,O,ML,HOTEL)
to P(Planned Development)

Tentative map to subdivide a 7.74 acre parcel into two
parcels: 4.47 and 3.2 acres, respectively

Use permit to construct a 117-unit condominium project
and 6,450 square feet of new retail space

Exception to the Heart of the City Plan to exceed
heights above 36 feet

Tentative City Council date: November 17, 2003

ACTION TO BE TAKEN:
1. Approve or deny EA-2003-09
2. Approve or deny Z-2003-02
3. Approve or deny TM-2003-02
4. Approve or deny U-2003-04
5. Approve or deny EXC-2003-06

OLD BUSINESS
3. Confirmation of the Draft Ordinance approved by the
Planning Commission on September 22, 2003 for the
Linwood Acres neighborhood rezoning. Continued from
Planning Commission meeting of October 13, 2003

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor’s Monthly Meeting with Commissioners

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

DISCUSSION OF NEWSPAPER CLIPPINGS

ADJOURNMENT

If you challenge the action of the Planning Commission
in court, you may be limited to raising only those
issues you or someone else raised at the public
hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at,
or prior to, the public hearing. Please note that
Planning Commission policy is to allow an applicant
and groups to speak for 10 minutes and individuals to
speak for 3 minutes.

In compliance with the Americans with Disabilities Act
(ADA), the City of Cupertino will make reasonable
efforts to accommodate persons with qualified
disabilities. If you require special assistance,
please contact the city clerk’s office at 408-777-3223
at least 48 hours in advance of the meeting.



=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

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--CCCupertino moderator

1) De Anza trees and traffic
2) Growth debate roiling Palo Alto
NEIGHBORHOODS UP IN ARMS AS ELECTION DAY NEARS

*****
1) All (RE: De Anza trees and traffic),
The De Anza - Foothill Board meeting is scheduled for
Monday Oct. 20th 7:00 pm.

The Agenda is posted at:
http://153.18.96.19/downloads/aboutfhda/Agenda.pdf

The agenda is on pages 1 & 2, with trees and traffic
related concerns falling under two agenda items:
- Agenda item #5, entitled "Staff Report Regarding
Concerns Raised by Residents on Stelling Ave", with
Brandy x621 identified as the responsible individual.
This is identified as for Information only, no action
to be taken. This does NOT make it clear as to whether
we will have a presentation slot and if so, how long.

- Agenda item #6, entitled "Approval of Addendum to De
Anza Environmental Impact Report", with Brandy x621
identified as the responsible individual. This is
identified as for action, in the form of approval of
the addendum.

Please see pages 4 & 5 for the details associated with
these two agenda items. Item 5 outlines what is to be
covered within the context of trees and traffic
related concerns. This is the basis of a presentation
I will be making to the board.

Item 6 asks for APPROVAL of the Addendum to the
Environmental Impact Report. This Addendum was drafted
in response to concerns raised by residence.

NOTE: Such an approval will assert that the residents
concerns have been addressed - in other word the
residents have noting to complain about once it has
been approved. We MUST seek modification to this
Addendum prior to approval. It contains a number
inaccuracies and misrepresentation of our proposals -
it provides lip service and does nothing about the
issues.

The venue is the Boardroom at Foothill College, which
is located at 12345 El Monte, Los Altos Hills. The
Boardroom is contained within Building D120, which is
located just to the north of Parking Lot 1 and Lot
1-C, which are to the right of the main entrance (see
URL below).  It may be most convenient to park in Lot
1-C.
http://www.foothill.edu/news/mainmaps.html

See you there,
Lloyd


*****
Growth debate roiling Palo Alto
NEIGHBORHOODS UP IN ARMS AS ELECTION DAY NEARS
By Sharon Noguchi
Mercury News
Posted on Sun, Oct. 19, 2003
http://www.bayarea.com/mld/mercurynews/news/local/7051113.htm

There goes the neighborhood.

Or there will go the neighborhood, and then the whole
city, some fear, if the referendum on 61 condominiums
at 800 High St. downtown passes Nov. 4. Or if Hyatt
Rickeys builds its 320-room hotel and 302 luxury
apartment units, or if Albertsons puts in a
super-supermarket in Alma Plaza.

Providing housing and nurturing neighborhood
businesses are important to Palo Altans. As an ideal,
that is undisputed. In fact, said Mayor Dena Mossar,
``No one is fundamentally disagreeing about what the
community should look like.''

But when the city has to vote on condos or houses to
replace offices or factories, neighborhoods explode.

``We're outgrowing our infrastructure,'' said Deborah
Ju, president of the Charleston Meadows Association
and one of many Palo Altans concerned that traffic and
safety problems will multiply if the city grows too
large too fast. Others say Palo Alto must add housing
and better use its space.

Growth is an age-old Palo Alto issue -- and it has
become a wedge dividing the community in this fall's
contentious city council race. After years of nearly
static population, a redeveloped block here and a new
condominium there are causing alarm -- especially in
this city where the microscope of scrutiny magnifies
any controversy.

``For the first time in my vocabulary, I'm using the
word moderation,'' said city council candidate LaDoris
Cordell, whose political aspirations were awakened
with the Hyatt Rickeys proposal near her home.

Like others, Cordell stresses that she's not opposed
to growth but she wants to make sure the
infrastructure -- roads and schools -- can support it.
And she wants to go slow.

Is growth too fast? ``Oh no!'' housing advocate Sally
Probst said. ``Look at the figures.''

From 1980 to 2000, while the Bay Area and Santa Clara
County populations swelled by 30 percent, Palo Alto's
grew a modest 6 percent.

But by 2010, plans on the horizon could add 20 percent
more people to the city -- pushing the city's
population to 70,400, according to state Department of
Finance predictions.

Councilwoman Nancy Lytle, running for re-election,
says speculators are buying up property as they test
the political winds to see whether they will get the
go-ahead for construction.

Besides Hyatt Rickeys, in the works are the Jewish
Community Center and housing at the former Sun
Microsystems site; a larger Albertsons at Alma Plaza
and 250 Stanford University housing units on
California Avenue. In addition, Stanford plans to
demolish some old offices and build 300,000 square
feet of new ones, clustered near the Arastradero Road
end of Stanford Research Park.

The Elks Club property on El Camino Real, if
redeveloped, could accommodate as many as 195 housing
units.

Growth isn't fast, Planning Director Steve Emslie
said, but ``we just happen to have a critical mass of
projects that are a potential on one corridor'' --
Charleston and Arastradero roads.

Emslie notes that some of the population growth comes
not from development, but from younger families
replacing older residents.

The mere mention or appearance of denser housing --
condos or homes on smaller lots -- alarms some. ``When
you talk about density, people think about Tokyo or
Manhattan,'' said Patrick Duffy, a regional planner
with the Association of Bay Area Governments. But, he
said, well-planned density can blend into
neighborhoods.

Those advocating more housing, including city council
members Bern Beecham, Judy Kleinberg and Mossar, all
running for re-election, as well as the council
majority, say they are replacing underused sites and
offices with much-needed housing. ``If people start to
see things come in that they are not familiar with,
they will react because they think it's going to
change the whole character of the neighborhood,'' said
Tina Duong, director of communications for the
Non-Profit Housing Association of Northern California.

Or perhaps it's a lot of overblown fuss, something
that happens periodically in Palo Alto.

Perhaps, as Mossar said, a year after 800 High St. is
finished, ``no one will even notice.''

IF YOU'RE INTERESTED
To read more coverage of the Nov. 4 elections on the
Peninula, see www.bayarea.com/mld/
mercurynews/news/local/

Mercury News Staff Writer Dan Stober contributed to
this report. Contact Sharon Noguchi at
snoguchi@... or (650) 688-7576.

<end CCCupertino Report -- 10/19/03, #2>


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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1) CCCupertino MAILBAG

2) DEANZA/FOOTHILL BOARD MEETING
MONDAY, OCT. 20, 7 p.m.
-- REDEVELOPMENT/TREES ISSUE

3) CUPERTINO CITY COUNCIL MEETING
MONDAY, OCT. 20, 7 p.m.
Note: The Agenda is the last item in this notice

4) OAKS REZONING
PLEASE MARK YOUR CALANDER FOR NOV. 10TH!


*****
1) CCCupertino MAILBAG (2 letters)

Dear CCCupertino@...:
The big problem is not just the cutting of the [De
Anza] trees, but the impact of the removal of the
perimeter berm where the trees were located, all of
which effectively shielded the parking lots from view
of motorists and adjacent homeowners. --PG
==
Dear CCCupertino@...:
I notice that both the DeAnza/Foothill College board
meeting, AND the Cupertino city council meeting are on
the same day -- at the exact same time! How can I be
in 2 places at once?!

*****
2) DEANZA/FOOTHILL BOARD MEETING
MON., OCT. 20, 7 p.m.
-- REDEVELOPMENT/TREES ISSUE

...in a meeting with the De Anza president and others,
it was revealed that the total count of trees to be
cut is 300+ trees (specimen + non-specimen). Note the
count presented the EIR report is 27 specimen trees,
subsequent to the report it increased to 111, without
reference to non-specimen trees.

The issue is on the De Anza - Foothill Board meeting
agenda, which is  open to the public: Mon., Oct 20th
at 7:00 pm.

The boardroom is located at the Foothill College
Campus,  Building D120, which is just to the North of
Parking Lot 1 and 1-C. Parking Lot 1 is just to the
right of the main entrance from El Monte RD.
Campus map link:
http://www.foothill.edu/news/mainmaps.html

We are delighted in your [CCCupertino@...]
interest and would be ecstatic to have you and others
join our fight to reduce some of the negative impacts
of the impending parking structure construction, which
is scheduled to begin in Nov. 2003. Please get the
word out to as many of your neighbors and friends as
possible! -- A citizen on Stelling Road

Access the following URLs to get a sense of this
battle:
The OCT. 8th Cupertino Courier
--"Cartoon" link
http://www.svcn.com/archives/cupertinocourier/20031008/cu-op-decinzo.shtml

--"Letters" link
http://www.svcn.com/archives/cupertinocourier/20031008/cu-letters2.shtml
letter 5) "Measure E not meant for tree cutting,
building parking lots"
letter 6) "De Anza will replace trees removed at ratio
of 1 to 1 "

--La Voz (DeAnza College Newspaper)
BOARD RESPONDS TO NEIGHBORS --
DA NEIGHBORS 'SHOCKED' BY SCHOOL
http://www.lavozdeanza.com/vnews/display.v/ART/2003/10/12/3f88d2a6417ba

*****
3) CUPERTINO CITY COUNCIL MEETING
MONDAY, OCT. 20, 7 p.m.
Note: Complete agenda is below the Oaks reminder

*****
4) OAKS REZONING
PLEASE MARK YOUR CALANDER FOR NOV. 10TH!
Oaks rezoning/redevelopment originally scheduled for
the Octboer 13 planning commission meeting has been
postponed until Nov. 10. It is so important that there
is a large showing of people!

*****
City Council
10/20/2003 AGENDA

CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday October 20, 2003
6:45 p.m.

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS – PRESENTATIONS

1. Presentation to Marilyn Bonacurso in recognition of
her saving the life of a Cupertino resident. (No
documentation in packet).

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons
wishing to address the council on any matter not on
the agenda. Speakers are limited to three (3) minutes.
In most cases, State law will prohibit the council
from making any decisions with respect to a matter not
listed on the agenda.

CONSENT CALENDAR

Unless there are separate discussions and/or actions
requested by council, staff or a member of the public,
it is requested that items under the Consent Calendar
be acted on simultaneously.

2. Approve the minutes from the October 3 and 6 City
Council meetings.

3. Adopt resolutions accepting Accounts Payable for
October 3 and October 10, Resolution Nos. 03-189 and
03-190.

4. Adopt a resolution accepting Payroll for October
10, Resolution No. 03-191.
5. Approve an application for an Alcoholic Beverage
License, Green Valley Liquors, 10073 Saich Way
(existing liquor store).

6. Heung Ser Park, a single man, Mercedes Road, APN
342-22-044:

A. Approve an Improvement Agreement, Resolution No.
03-192

B. Approve a Quitclaim Deed, Resolution No. 03-193

C. Approve a Grant of Easement, roadway, Resolution
No. 03-194

7. Accept municipal improvements (may include grading,
street improvements, on site and off-site
improvements): Jim Netzel and Zita S. Netzel, 10070
Hillcrest Road, APN 326-16-019. (No documentation in
packet).

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

8. Approve Application Nos. Z-2002-03 and EA-2002-20,
City of Cupertino, Linwood Acres, Randy Lane and Larry
Way between Lucille Avenue and Merritt Drive, to
rezone approximately 19 acres, consisting of 68
single-family residences from A1-43
Agricultural-Residential Zone and R1-7.5 Single Family
Residence Zone to P(A1) Planned Development Zone. A
Negative Declaration is recommended. (Continue to
November 3 at the request of staff).

9. Approve Application No. MCA-2003-01 to amend Title
17 of the Cupertino Municipal Code regarding temporary
signs, City of Cupertino, Citywide.

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.”

PLANNING APPLICATIONS

UNFINISHED BUSINESS

10. Consider amending the Joint Exercise of Powers
Agreement (JPA) creating the Silicon Valley Animal
Control Authority (SVACA) for voting and withdrawal
changes.

11. Adopt a resolution regarding the Marine Aquarium
(Continued from 10/6/03), Resolution No. 03-196 to:

A. Approve the concept of the installation of a Marine
Aquarium of approximately 4,000 gallons in the new
Cupertino Library and accept, in principle, a donation
of $325,000 from Mr. Fred Chan for the fabrication and
installation of the Aquarium and an additional
contribution in the form of a commitment for five
years of annual maintenance of the Aquarium facility
and up to an additional five years of maintenance
expenses to be shared equally with the City

B. Approve the installation of a recognition Plaque in
the Library with the Aquarium acknowledging the
contribution of Fred and Annie Chan and their family

C. Authorize the City Manager to enter into an
agreement with Mr. Fred Chan, to accept the donation
and the maintenance commitment that states that the
donation will be used exclusively for fabrication,
installation, and construction expense for the
aquarium

NEW BUSINESS

12. Presentation from the School Districts regarding
attendance boundaries and projected number of students
from new developments. (No documentation in packet.
Continued from 10/6/03).

13. Review and approve mid-year budget adjustments for
fiscal year 2003/04:

A. Authorize transferring $60,000 of one-time year-end
savings to establish the FY 2002-2003 Sports Center
project budget of $2,400,000, as originally approved,
and transferring $70,000 of one-time year-end savings,
to increase the project budget to $2,470,000. Approve
an increase in the project construction contingency
authorization from $138,000 to $208,000 within the
proposed budget of $2,470,000. See attached staff
report

B. Approve a fiscal year 2003/04 budget adjustment for
the operation of the Cupertino Teen Center in the
amount of $40,000. See attached staff report

C. Authorize the use of $20,000 of year-end savings to
provide for the funding of additional costs associated
with the “top four” Operating Engineer’s Local Number
3 (OE3) requirement based on newly submitted salary
figures from San Jose

D. Authorize the use of $80,000 of year-end savings to
provide for the funding of unforeseen disciplinary
actions and general liability claims

14. Adopt a resolution approving the second amendment
to the Franchise Agreement between the City of
Cupertino and the Los Altos Garbage Company dated
December 4, 1995, in order to make clear the “debris
box” definition, Resolution No. 03-195.

15. Select an alternate to the Valley Transportation
Authority (VTA) board.


ORDINANCES

16. Conduct the second reading of Ordinance No. 1924:
“An Ordinance of the City Council of the City of
Cupertino Rezoning One Parcel Totaling .31 Gross Acres
Parcel From P(Planned Development/With Limited
Commercial/Office Use Activity) Zone to P(Planned
Development/With Limited Commercial/Office
Use/Vocational and Specialized School Activity) at
10650 Bubb Road.”

17. Conduct the second reading of Ordinance No. 1925:
“An Ordinance of the City Council of the City of
Cupertino Amending Cupertino Municipal Code, Chapter
14.04, Section 14.04.040, Relating to Street
Improvement Requirements, and Chapter 18.32, Section
18.32.030, Relating to Subdivision Frontage
Improvements to Include Findings for Adoption of a
Rural or Semi-Rural Street Designation.”

STAFF REPORTS

18. Receive a status report on General Fund Revenue
and Expenditures. (No documentation in packet).

19. Receive a monthly status report on the Cupertino
Civic Center and Library Project.

COUNCIL REPORTS

Mayor Michael Chang:
Audit Committee
Leadership Cupertino
Legislative Review Committee
Library Steering Committee
5 C’s Liaison
Santa Clara County Housing and
Community Development Block Grant Program (CDBG)
Alternate
Santa Clara County Library District JPA Board of
Directors Alternate
Sister City Committee - Toyokawa
West Valley Mayors and Managers

Vice-Mayor Sandra James:
Economic Development Committee
Environmental Review Committee Alternate
Leadership Cupertino
Library Steering Committee
Santa Clara County Emergency Preparedness Commission
Santa Clara County Transportation Agency Policy
Advisory Committee Alternate
West Valley Mayors and Managers Alternate


Councilmember Patrick Kwok:
Association of Bay Area Governments (ABAG)
Bay Area Air Quality Management District Board of
Directors
Library Steering Committee Alternate
Guadalupe/West Valley Flood Control and Watershed
Advisory Committee
Lower Peninsula Flood Control and Watershed Advisory
Committee
Santa Clara County Recycling and Waste Reduction
Commission
Santa Clara Valley Water Commission
Sister City Committee - Toyokawa Alternate

Councilmember Dolly Sandoval:
Audit Committee
Environmental Review Committee
Legislative Review Committee
5 C’s Liaison
Santa Clara County Cities Association Alternate
Santa Clara County Cities Association Legislative Task
Force
Santa Clara County Emergency Preparedness Commission
Alternate
Santa Clara County Housing and Community Development
Block Grant Program (CDBG)
Santa Clara County Transportation Agency Policy
Advisory Committee
Silicon Valley Animal Control Authority Board Member
(SVACA) Alternate

Councilmember Richard Lowenthal:
Association of Bay Area Governments (ABAG) Alternate
Economic Development Committee
Guadalupe/West Valley Flood Control and Watershed
Advisory Committee Alternate
Lower Peninsula Flood Control and Watershed Advisory
Committee Alternate
Santa Clara County Cities Association
Santa Clara County Cities Association Legislative Task
Force Alternate
Santa Clara County Library District JPA Board of
Directors
Santa Clara Valley Water Commission Alternate
Silicon Valley Animal Control Authority Board Member
(SVACA)

CLOSED SESSION

20. Labor negotiations – Government Code Section
54957.6. The purpose of the closed session is to
consult with City management representatives David
Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe
concerning labor negotiations with Operating
Engineer’s Local No. 3.

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING

Canceled for lack of business.

<end report> CCCupertino@...



=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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Editor's notes in [ ]
=====
Dear All,
I know I'm a nit-picker, but I'm what you picked [for
the General Plan Task Force], and you knew it at the
time you picked me.

Here is the sort of thing that leads me to believe we
have a serious problem in attitude; both me and
"them." Ignore all of the ax hacks taken by the [GP]
Task Force at the Document, chopping away months of
work by the staff and council.

**
On page 5-13 of the revised version, under Policy
5-13:
-- Recreation in Natural Areas "Limit recreation in
natural areas to activities compatible with preserving
natural vegetation, such as hiking, horseback riding,
MOUNTAIN BIKING, and camping".
**

The other three [hiking, horseback riding, camping]
are not very big on "preserving natural vegetation"
(Look at the John Muir Trail where it crosses Tuolumne
Meadows for example -- I can supply photos if you
haven't been there). But to have anyone say that
"mountain biking" should be added to the list is to
put the fox in the hen house.

If the suggested change had been "biking" I wouldn't
have noticed, or might not have commented had I
noticed. But the "essence" of mountain biking is
"conquer all obstacles; and if there aren't enough,
build some more by cutting new trails which are more
challenging".

I object strenuously to this suggested change in the
General Plan. I wonder a little bit about who it was
who suggested it, but I wouldn't be at all surprised
if it was Rod Brown. [General Plan Task Force city
council selection, parks and rec. commissioner, and a
member and former president of ROMP -- the regional
mountain biking arm of the corporate sponsored (more
trails = bike sales) International Mountain Bike
Association]

I guess I'll have to join in with a plea to allow me
to run bulldozer races through those same areas. By
design the impact per square inch of tread surface is
probably comparable. (Let's ignore what happens when
you turn either a bike or a bulldozer in a short
distance, the two are equivalent.)--Bob Levy

=====
Dear Robert,
I wish I could say I am surprised, but after
experiencing the City of Cupertino's Stevens Creek
Trail Task Force, the  Blackberry Farm Master Plan,
and the Stevens Creek Corridor Master Plan  first
hand,  I am not. (30 months total time and tax dollars
  spent?  TBD). This is  transparent and disturbing
back door play by a very wealthy corporate special
interest group to bulldoze the McClellan Ranch Nature
Preserve's Ordinance 710 -- our communities most
cherished legacy, protected for future generations.
The responsible fox should be thanked for their time,
and walked to the door of the citizens of Cupertino's
hen house.--Susan Sievert

=====
Parallels?

To FoBBF.org:
It has been my experience that mountain bikers ARE NOT
at the forefront of  defending land against
development.  Take the corporation Washington Mutual,
the owner of the AHMANSON RANCH, in Ventura County.
This proposed  development will develop 1000's of
acres of pristine land.  Not a breath of opposition
from local mountain bike clubs like CORBA.   No
protest rides
against the corporate developer.   But alot of other
people, including naturalists, etc.  protesting in
favor of preservation.  Recent articles show that the
efforts of these preservationists have gotten the
attention of  high public-profile people from
Hollywood.  The bar has been raised for
preservation through the work of people other than
nature-loving mountain bike club members.

And the ironic thing is that Ahmanson Ranch is in the
heart of the series of mountain bike trails on public
land.

The relationship between corporate development
interests and the local mountain club (CORBA)  is very
disturbing:

* Washington Mutual is the key sponsor of the annual
LA Bike Show,  the largest mountain bike products show
in the country. Washington Mutual is the sponsor of
the KIDS RIDE (mountain bikes) on  behalf of a key
CORBA (Concerned Off Road Bicyclists Association)
Board  Member.

Cc.
City Council of Cupertino
Cupertino City Manager
The Friends of Blackberry Farm (fobbf.org)
Concerned Citizens of Cupertino (cupertino.cc)
Editor - Cupertino Courier
San Jose Mercury News


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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OAKS REZONING, with 'parking improvments':-)
CONTINUANCE to the November 10, 2003 Planning
Commission Meeting. [IMPORTANT: Tomorrow nights
Planning AGENDA is the last item in this CCC update.
PLEASE review it, and help us by reporting any
red-flags to cccupertino@...]

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EVENT: TODAY, October 12, 2003
Oktoberfest at Memorial Park
Time: 10:00 am - 04:00 pm
[Got Beer?]

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EXIT STAGE LEFT -- again?!: There is another
unscheduled vacancy on the Cupertino Planning
Commission. Chuck Corr has resigned and is moving to
San Jose. [That makes three unscheduled Planning
Commissioner exit/moves in less than 2 years: Mark
Auerbach, to the northwest. Geoff Patnoe, to Southern
California.]

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HOW TO MONITOR 'what's going on around here!':

TELEVISED MEETING SCHEDULE
CABLE CHANNEL 26

-PARKS AND RECREATION COMMISSION MEETING
(OCTOBER 2, 2003)
TUESDAY, OCTOBER 7 -- 7:00 PM (REPEAT)

-CITY COUNCIL MEETING
(OCTOBER 6, 2003)
TUESDAY, OCTOBER 14 -- 6:30 PM (REPEAT)

-PLANNING COMMISSION MEETING
(OCTOBER 13, 2003)
MONDAY, OCTOBER 13 -- 6:45 PM (LIVE)
THURSDAY, OCTOBER 16 -- 6:30 PM (REPEAT)
SATURDAY, OCTOBER 18 -- 9:00 AM (REPEAT)
TUESDAY, OCTOBER 21 -- 6:30 PM (REPEAT)

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LETTERS to the Cupertino Courier
-Council isn't representing those who elected them
-City's naming procedure is too bureaucratic
-Citizen offers points to city council candidates
-Is barricade surrounding fountain permanent?
-Measure E not meant for tree cutting, building
parking lots
-De Anza will replace trees removed at ratio of 1 to 1

-Cupertino residents need to know candidates'
positions
To review the letters, visit:
http://www.cupertinocourier.com/cu-letters2.shtml

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CCCMailbag
Per: Tree removal/New parking garage
De Anza-Foothill College Board meeting, Oct. 6th

We presented our case to the board and we have an
agenda item at the next meeting in 2 weeks.
Unfortunately, those who spoke once, cannot speak
again. This is an unfair rule that I bet is not
imposed on business people. So, I may go to the City
Council meeting and make a case against the traffic
issue and my husband will go to the school board
meeting.

You folks should suggest using the Oaks for the City
center idea with cafes along Stelling that was put on
hold. The Oaks has everything to turn it into a city
center area, close to park, college, can return
shops/boutiques, has its own parking, easy access to
freeway.

Hang in there!
-KM

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CCCupertino Moderator [by default]:
Thanks; I needed that!

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AGENDA DETAIL: Planning Commission
MONDAY, 10/13/2003 - 6:45 p.m.

City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408)
777-3308
AGENDA OF THE REGULAR MEETING OF THE PLANNING
COMMISSION
City Council Chambers

ORDER OF BUSINESS
SALUTE TO THE FLAG
ROLL CALL
APPROVAL OF MINUTES - September 8, 200
WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR
2. U-2003-06; Maria Chen (888 Auto Corporation); 10550
S. De Anza Boulevard Request removal from calendar

4. U-2003-08; Judy Ma (Metro PCS); 20565 Valley Green
Drive Request postponement to Planning Commission
meeting of October 27, 2003

5. Z-2003-03, U-2003-05, TM-2003-03, EXC-2003-04,
EA-2003-11; Ken Busch /Regis Homes 21255 Stevens Creek
Blvd.; Request continuance to Planning Commission
meeting of November 10, 2003

ORAL COMMUNICATIONS (Reserved for persons wishing to
address the Commission on issues that are not already
included in the regular Order of Business)

CONSENT CALENDAR
1. Application No.(s): TR-2003-07
Applicant: Byron Navid/ Navico
Address: 10950 Stevens Canyon Road, Lot 1

Tree removal request to remove a 30” diameter cedar to
accommodate a new single family residence

PUBLIC HEARING
2. Application No. (s): U-2003-06
Applicant: Maria Chen (888 Auto Corporation)
Location: 10550 S. De Anza Boulevard
Use permit for an auto service/ auto sales business
and renovations to an existing building and
landscaping

Planning Commission decision final unless appealed
Request removal from calendar

ACTION TO BE TAKEN:
1. Approve or deny U-2003-06

3. Application No.(s): M-2003-05
Applicant: Amar Gupta
Location: El Cerrito Road

Modification to visual approval for a hillside
exception (EXC-2001-08)

Planning Commission decision final unless appealed

ACTION TO BE TAKEN:
1. Approve or deny M-2003-05

4. Application No.(s): U-2003-08
Applicant: Judy Ma (Metro PCS)
Location: 20565 Valley Green Drive

Use permit to install a wireless telecommunications
facility consisting of a 50 foot slim-line pole and
equipment storage unit

Planning Commission decision final unless appealed
Request postponement to Planning Commission meeting of
October 27, 2003

ACTION TO BE TAKEN:
1. Approve or deny U-2003-08

5. Application No.(s): Z-2003-03, U-2003-05,
TM-2003-03, EXC-2003-04
EA-2003-11
Applicant: Ken Busch/ Regis Homes
Location: 21255 Stevens Creek Boulevard

Rezoning of approximately 10 acres from P(CG) and R3
to P(Dom, Res) Planned Development with Commercial and
Residential Intent Use permit to demolish 17,00 square
feet of the Oaks Shopping Center and construct 49
townhomes, 2 duet units, and to make signage,
landscaping and parking improvements to the Oaks
Shopping Center

Tentative map to subdivide one parcel into a 5.4 acre
commercial property and a 2.9 acre residential
property for 49 condominiums and 2 duets

Heart of the City exceptions related to setbacks,
screening walls adjacent to commercial properties

Tentative City Council date: October 20, 2003
Request continuance to Planning Commission meeting of
November 10, 2003

ACTION TO BE TAKEN:
1. Approve or deny EA-2003-11
2. Approve or deny Z-2003-03
3. Approve or deny U-2003-05
4. Approve or deny TM-2003-03
5. Approve or deny EXC-2003-04

OLD BUSINESS
6. Confirmation of the Draft Ordinance approved by the
Planning Commission on September 22, 2003 for the
Linwood Acres neighborhood rezoning.

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor’s Monthly Meeting with Commissioners

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

DISCUSSION OF NEWSPAPER CLIPPINGS

ADJOURNMENT

If you challenge the action of the Planning Commission
in court, you may be limited to raising only those
issues you or someone else raised at the public
hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at,
or prior to, the public hearing. Please note that
Planning Commission policy is to allow an applicant
and groups to speak for 10 minutes and individuals to
speak for 3 minutes.

In compliance with the Americans with Disabilities Act
(ADA), the City of Cupertino will make reasonable
efforts to accommodate persons with qualified
disabilities. If you require special assistance,
please contact the city clerk’s office at 408-777-3223
at least 48 hours in advance of the meeting.

[end]

=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
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EVENT DETAIL - TODAY
Wednesday, October 08, 2003
Candidate Forum - Rotary and Chamber
Time: 12:00 pm - 01:30 pm
Description: Wednesday, October 8, 12 noon -1:30 p.m.
Quinlan Community Center, 10185 North Stelling Avenue,
Cupertino
Sponsored by the Rotary Club of Cupertino
and the Cupertino Chamber of Commerce
For more information, contact Jody Hansen,
408-252-7054 or Phil Johnson 408-355-6050. (There will
be a charge for lunch)
Information on candidates is also available on the
City's web site [cupertino.org].

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CCCMAILBAG:
For what it's worth:
At the last General Plan Task Force meeting I asked
about the 10' wide strip of Mary being suggested for
use by  the Oaks development.

Steve Piasecki said that there had been a request for
an appraisal, but there had been no response as yet.

The land is owned by the city. At one of the earlier
meetings I had the impression that the developers said
that at the time of the original development they had
deeded the strip to the city for the wide Mary Avenue,
and consequently I had the impression that they were
asking for it back. This is apparently an incorrect
impression. So, based on the appraiser's valuation,
the city would be paid for that land. (The valuation,
and probably discussion between the developer and the
city..)
-RJL


=====
Concerned Citizens of Cupertino
website: http://cupertino.cc

Keep us informed by contacting:
CCCupertino@...

*********
Donations to the Concerned Citizens of Cupertino are now being accepted.

Make checks payable to: 
Concerned Citizens of Cupertino

Mail to:
CCC
PO Box 1466
Cupertino, CA 95015 

Remember: We are not a tax deductible organization, and any left over donations
will be donated to a Cupertino charity -- TBD. (Suggestions: CCS, Fremont Union
HS Foundation, CEEF....). 

__________________________________
Do you Yahoo!?
The New Yahoo! Shopping - with improved product search
http://shopping.yahoo.com