CC 06-17-96 CC-925
Cupertino City Council
Regular Meoting
June 17, 1996
Mayor~Bumett called the meeting to order in the Council Chambers of Cupertino City Hall,
10300 Torte Avenue, at 6:45 p.m. and led the Pledge of Allegiance.
ROLL CALL
Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen, and
Mayor Don BurneR. Council members absent: None.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles
Kilian; Administrative Services Director Carol Atwood; Public Information Officer Donna Krey;
Parks and Recreation Director Steve Dowling; Planner II Vera G-il; Community Developmem
Director Bob Cowan; Human Resources Officer Bill Woska; and Public Works Director Bert
Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
Mr. Larry Stone, Santa Clara County Assessor, presented a report on current trends in
assessments in Cupertino and Santa Clara County. He also gave an overview of the functions of
the Assessor's Office and discussed roll growth and property tax appeals. Mr. Stone distributed
a summary report showing the status of appeals in Cupertino in 1995 and 1996.
POSTPONEMENTS
Item Nos. 22 and 24 were continued to the meeting of July 1.
WRITTEN COMMUNICATIONS - none.
ORAL COMMUNICATIONS
Mr. Mark Sherwood, President of Westwood Townhouse Tenants Union, said he had received
notice of a 30% rent increase from his landlord. He was unable to adjust to that increase in a
short period of time and the landlord would not negotiate. Project Sentinel was unable to assist
and he had foimed the tenants union. He said he did not know what help the Council might give,
but many of the tenants are immigrants and afraid to come forward. He invited the Council
members to attend their next meeting on Wednesday, at which they expect 80-100 of the 116
tenants.
' . .1une 17, 1996 Cuper~no City Council Page
Mr. Floyd Meyer, 10486 Westacres Drive, rose to address Council. City Manager Don Brown
noted that Mr. Meyer had claimed that staff had not responded to his requests for infomiation or
to 'place items on the agenda. Brown reviewed memoranda and faxes which reflected
correspondence from staffto Mr. Meyer in response to his requests for information.
Mr. Meyer asked for additional time to respond to Mr. Brown's comments. He said that the flag
covers should be used to show respect for the flag. Mr. Meyer invited everyone to the public
hearing scheduled for July 1 about abating vehicles on his property, and said he expected his
questions to be referred to someone who could answer them.
CONSENT CALENDAR
Sorensen moved to approve the Consent Agenda Items as presented. Chang seconded and the
motion carried 5-0.
1. Resolution No. 9628: Accounts Payable, May 31, 1996.
2. Resolution No. 9629: Accounts Payable, June 7, 1996.
3. Resolution No. 9630: Payroll, May 31, 1996.
4. Approval of minutes of May 29 adjourned regular and June 3, 1996, regular meetings.
5. Review of application for Alcohol Beverage Control license for Welcome Market, Inc.,
10983 North Wolfe Road.
6. Resolution No. 9625: Approving parcel map and improvement plans of property located
at 10187 Stonydale Road, developer William Klein, and authorizing the execution of
improvement agreement.
7. Monthly Activity Report and budget update, April, 1996.
8. Approval of recommendations from the Telecommunications Commission for one public
access grant and two educational grants.
9. Resolution No. 9631: Approving Change Order No. 1 for De Anza Blvd. Overcrossing
Widening Project 94-9429.
10. Acceptance of municipal improvements: Yesmant Mehta project at the N/W comer of
Orange and Dolores Avenue (21801 Dolores Avenue).
11. Acceptance of city project perfotiiied under contract: De An?a Blvd. Overcrossing
Widening Project 94-9429 (RGW Construction).
12. Award of contract to Piz~a~ Printing for printing of the recreation schedule brochure.
· 3une 17, Cupertino City Council Page 3
-- 13. Resolution No. 9632: Declaring intention to order vacation of a portion of Peninsula
Blvd.; Retaining public utility easement; as provided in Section 8320 et seq. of the
Streets and Highways Code of the State of California, fixing time and place for public
hearing and providing for notice thereof.
14. Resolution No. 9633: Accepting Grant of Easement for Roadway Purposes from Harold
George Barclay and Kathryn L. F. Barclay; APN 356-01-010, 22605 Ricardo Road.
15. Resolution No. 9634: Accepting Grant of Easement for Public Utilities from Harold
George Barclay and Kathryn L. F. Barclay; APN 356-01-010, 22605 Ricardo Road.
16. Resolution No. 9635: Accepting Quitclaim Deed and Authorization for Underground
Water Rights from Chiao-Fu Chang and Sue-Fay L. Chang; APN 326-19-013, 10234
Mann Drive.
17. Resolution No. 9636: Appointing Eileen Murray as Deputy City Attorney.
18. Application 10-ASA-95 - EHUD Gordon - Architectural review to construct a single-
family residence in a planned development zone; project located at 11703 Dorothy Anne
Way.
19. Approval of Planning Commission rules for limiting length of video presentations.
20. Resolution No. 9637: Setting date for consideration of armexing area designated
"Dolores Avenue 96-03", APN 357-14-027, Cole.
21. Request from Cupertino service clubs for a waiver of use fees at Blackberry Farm on
Wednesday, July 17,1996.
Vot~ Members of the City Conncil
AYES: Bautism, BurneR, Chang, Dean, and Sorensen.
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR - none.
PUBLIC HEARINGS
22. Resolution No. 9627: Ordering vacation of public utility easement and sanitary sewer
easement; located over a portion of Lot 98 of Tract No. 8325; Citation Homes, southeast
comer of DeAnza Boulevard and Homestead Road.
This item was continued to July 1 at the request of staff.
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23. Public hearing to adopt the 1996-1997 fiscal year operating budget, establish
appropriation limit and approve the granting of a Negative Declaration.
(a) Resolution No. 9638: Adopting an operating and construction budget for fiscal
year 1996-1997 by ratifying estimates of revenues to be received in each fund and
appropriating moneys therefrom for specified activities and accounts and setting
forth conditions of administering said budget.
Co) Resolution No. 9639: Establishing an appropriation limit for fiscal year 1996-97.
The Administrative Services Director reviewed the staff rePort. Bumett opened the
public hearing. No one wished to be heard and the public hearing was closed.
Sorensen moved to adopt a Negative Declaration. Bautista seconded and the motion
carried 5-0.
Sorensen moved to approve Resolution Nos. 9638 and 9639 and as recommended.
Bautista seconded and the motion carded 5-0.
24. Application 1-GPA-96, General Plan Amendment to change the land use map designation
from Very Low Density Residential, Foothill Modified slope density formula to Low
-. Density Residential, 1-5 dwellings per gross acre or whatever designation the City
Council deems appropriate. The amendment applies to 12 acres of mostly-developed
land along Ricardo Road and Miramonte Road. (Staff requests this item be continued to
the meeting of July 1, 1996.)
(a) Resolution No. 9640: Approving general plan amendment.
This item Was continued to July 1, 1996.
PLANNING APPLICATIONS - none.
UNFINISHED BUSINESS - none.
NEW BUSINESS
25. Resolution No. 9641: Authorizing execution of lease and caretaker agreement with
Innovative Housing for Simms House through 1999.
The Community Development Director reviewed the staff report.
Sorensen moved to adopt Resolution No. 9641, with rent proceeds to be used for property
maintenance and improvements. Bautista seconded and the motion carried 5-0.
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26. Review of bids and award of contract for Pavement Restoration, Project 96-109.
The Public Works Director reviewed the staff report.
Sorensen moved to award the project to O'Grady Paving in the amount of $110,805.60,
based on the lowest bid submitted, and to authorize a 10% contingency for a total project
cost of $121,886.00. Bautista seconded and the motion carried 5-0.
The Human Resources Officer reviewed the staff report which discussed item Nos. 2%29.
27. Resolution No. 9642: Amending the Unrepresented Compensation Program.
28. Resolution No. 9643: Amending the rules on the conditions of employment.
29. Resolution No. 9644: Fixing the employer's contribution under the Meyer-Geddes State
Employees Medical and Hospital Care Act.
Sorensen moved to adopt Resolution Nos. 9642, 9643, and 9644 as presented. Bautista
seconded and the motion carried 5=0.
30. First reading of Ordinance No. 1728: "An Ordinance of the City Council of the City of
- Cupertino Amending Chapter 2.16 of the Cupertino Municipal Code, City Council--
Salaries."
The City Clerk read the title of the ordinance. Sorensen moved and Chang seconded to
mad the ordinance by title only, and that the City Clerk's reading would constitute thc
first reading thereof. Motion carried 5-0.
31. Resolution No. 9645: Amending group insurance premiums for City Council members.
The Human Resources Officer reviewed the staff report.
Sorensen moved to adopt Resolution No. 9645 as presented. Dean seconded and the
motion carded 5-0.
32. Resolution No. 9646: Adopting a Memorandum of Understanding with Operating
Engineers Local No. 3.
The Human Resources Officer reviewed the staff report and said that a closed session
was scheduled if Council wished to review this matter in more detail.
Sorensen moved to adopt Resolution No. 9646 as presented. Chang seconded and the
motion carried 5-0.
STAFF REPORTS - none.
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COUNCIL REPORTS
Bautista reported that on Wednesday the city had kicked off the Stevens Creek Specific
Plan with a ceremonial tree planting. The Public Works Director said that the remainder
of the tree planting would begin on July 1 and be finished by July 15.
The City Manager reviewed the recommendations of the Legislative Review Committee.
Chang moved and Dean seconded to take the actions recommended. The motion carried
5-0.
(1) Oppose AB 3407 (Knowles) Sales Tax. Complimentary Meals. Hotels/Motels
and Bed and Breakfast Facilities; (2) Support AB 2400 (Miller) PERS. Part-Time
Employees; (3) Oppose SB 1628 (Solis) Sexually Oriented Businesses. Notice
Mandate; and (4) Support AB 2868 (Kuykendall) Parole Registration. Violent
Felons.
Chang reported that the Fourth of July committee had raised $20,000 of the $30,000
needed. He thanked all of the individuals and businesses that had donated funds, and
encouraged people who had not yet donated money to send a cheek to the City.
Sorensen reported that she attended a meeting of theCounty Committee on Housing and
Community Block Grant Program. There has been a slight decrease in funds, but no
major impacts.
Mayor Burnett reported that Santa Clara County Transportation Agency Board had met
and there would be a pair of measures on the November balIQt, one of which was a sales
tax and the other was an advisory bill as to how those funds would be distributed.
Cupertino may benefit by receiving as much as $250,000 for street repair and
maintenance and other capital expenses associated with transportation.
CLOSED SESSION
Labor negotiations (Government Code Section 54957.6) - Operating Engineers Local No. 3, and
negotiations for purchase, sale, exchange, or lease of real property (Government Code Section
54956.8) - 21979 San Femando Avenue.
Council chose not to meet regarding labor negotiations. The Public Works Director said that the
closed session regarding the San Femando Avenue property would not be held because staff was
waiting for some additional information.
ADJOURNMENT
At 7:40 p.m. the meeting was adjourned.
City Clerk