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CC 07-21-97 CC-949 Cupertino City Council Regular Meeting July 21, 1997 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Bautista called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Bautista, Vice-Mayor Michael Chang, Councilmembers Don Burnett, Wally Dean, and Lauralee Sorensen. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. _ CEREMONIAL MATTERS - PRESENTATIONS None. POSTPONEMENTS None. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to adopt the consent calendar as presented, with the exception of item No. 7 which was removed for discussion. Chang seconded and the motion carded 5-0. 1. Resolution No. 9904: Accounts Payable, July 4, 1997. 2. Resolution No. 9905: Accounts Payable, July 11, 1997. 3. Resolution No. 9906: Payroll, July 11, 1997. 'July 21, 1097 Cux dno City Council Page 4. Approval of the minutes of the regular meeting of July 7, 1997. 5. Resolution No. 9907: Making detemfinations and approving the annexation of territory designated "Lomita Avenue 97-07", approximately 0.439 acre located on the south side of Lomita Avenue between Orange Avenue and Byme Avenue; Kang (APN 357-15-005). 6. Resolution No. 9908: Accepting an easement on Pruneridge Avenue for light and air purposes from Sobrato Interests III, a California limited partnership. 8. Resolution No. 9910: Approving parcel map, agreement, R & Z Development Co., Inc.; 10227 Adriana Avenue. 9. Resolution No. 9911: Accepting quitclaim deed and authorization for underground water rights from R & Z Development Co.; 10227 Adriana Avenue. 10. Acceptance of city project performed under contract: Reconstruction of Curbs, Gutters, and Sidewalks, Project 96-104. 11. Resolution No. 9912: Authorizing execution of agrcement with Irvine Apartment Communities, Inc. - Tandem site; southeast comer of Pruneridge at Wolfe Road. 12. Resolution No. 9913: Authorizing execution of agreement with Shui Lain Lo; 10101 Orange Avenue. 13. Resolution No. 9914: Accepting quitclaim deed and authorization for underground water rights from Shui Lain Lo; APN 357-16-096, 10101 Orange Avenue. 14. Resolution No. 9915: Accepting grant of easement for roadway purposes from Shui Lain Lo; APN 357-16-096, 10101 Orange Avenue. 15. Resolution No. 9916: Accepting grant of easement for roadway purposes from Adam Bar- Shir and Rachel Bar-Shit; 21799 Lomita Avenue. Vote Councilmembers Ayes: Bautista, Buruett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Resolution No. 9909: Approving cost of living adjustment for garbage service, Los Altos Garbage Company. July 21, 1{)07 Cupertino City Council Page 3 Dean said that that there have been complaints from members of the cornrnunity that they cannot get answers to their questions from the Los Altos Garbage Company or from the City. Both organizations need to have better infoi-iiiation and provide better customer service. Bantista suggested sending a letter to Los Altos Garbage Company reminding them of their service obligations. blic Works Director said that company representatives were in thc audience so the comments had been noted. Dean moved to approve Resolution No. 9909. Sorensen seconded and the motion carried 5-0. PUBLICHEARINGS 16. First reading of Ordinance No. 1761: Ordinance to protect structures from demolition on 31 potentially historic sites. Community Development Director Bob Cowan explained that an interim, urgency Ordinance had been enacted on June 2 to protect historic sites from demolition. It required that the City schedule a regular public hearing within 45 days, but an advertising deadline was missed which prevents the City from following through the extension of the interim ordinance. This ordinance, if adopted tonight, will have its second reading on August 18 and become effective September 18. Mr. George Monk, 19985 Price Avenue, expressed concern about the second ordinance which may become permanent. Cowan explained that ordinance No. 1761, if adopted, will sunset in 180 days, unlike the interim ordinance which could have been extended for up to 2 years. The Historic Review Committee is on schedule and expects to provide a report and recommendations by the first part of September. The City Clerk read the title of the ordinance. Chang moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 17. Resolution No. 9918: Providing for lien assessments and for the collection of same resulting from the abatement of public nuisances (weed abatement) The City Clerk explained that the County Fire Marshal has abated the weeds on all of the parcels shown on Exhibit A of this resolution. Affected parties were notified of the hearing and notice was posted in City Hall. After conducting the public hearing, this resolution authorizes the Fire Marshal to enter the assessment on the tax rolls, to be collected with other taxes on the property. Bantista opened the public hearing. No one wished to address the Council on this item, - and the hearing was closed. Sorensen moved to adopt Resolution No. 9918. Burnett seconded and the motion carried 5-0. July 21, 1997 Cupertino City Council Page 4 PLANNING APPLICATIONS None. UNFINISHED BUSINESS None. NEW BUSINESS 18. First reading of Ordinance No. 1762: Amending Section 11.20.030, all directional vehicular stop required at certain intersections to include Bubb Road at the intersection with Pumpkin Drive. Public Works Director Bert Viskovich explained that because of substantial traffic, the number of pedestrians, and proximity to schools this intersection now meets warrants for an all-way stop sign. Burnett said it will come as a surprise to drivers, so it is important to let everyone know about the change. Viskovich said they will put stop signs out in the street for a time to get everyone acclimated to the new sign. Burner said that a roundabout would be a good solution to this type of busy intersection. The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by rifle only, and that the City Clerk's reading would eoustitute the first reading thereof. Motion carried 5-0. 19. Receive report on proposals received for leasing the Cupertino Water Utility and set a public hearing. Public Works Director Bert Viskovich reviewed the staff report and said staff would be recommending the lease be awarded to California Water Service, which submitted the highest bid. The total value of the offer, including lease, transfer of assets, and sale of an option for Seven Springs Ranch, is over $11 million dollars. All 4200 residential and commercial customers will receive a copy of the staff report, a Q&A section, and a chart illustrating the rates sent to their homes with notice oftbe public hearing. Dean moved to deem the proposals responsive and set a public.hearing for September 2, 1997. Burnett seconded and the motion carried 5-0. ORDINANCES 20. Second reading and enaclraent of Ordinance No. 1759: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code, Relating to the Designation of Bicycle Lanes, Adding Bicycle Lane on the North Side of Stevens Creek Boulevard From Stelling Road to DeAnza Boulevard. '. ' July 21, 1097 Cupe~no City Council Page 5 The City Clerk read the title of the ordinance. Burner moved and Dean seconded to read thc ordinance by title only, and that the City Clerk's reading would constitute thc second reading thereof. Motion carried 5-0. Burner moved and Sorensen seconded to enact Ordinance No. 1759. Motion carded 5-0. 21. Second reading and enactment of Ordinance No. 1760: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.26.110 of the Cupertino Municipal Codc to Includc Itcm 'T' Relating to the Establishment of Stopping, Standing, and Parking on Private Streets, and Providing for Signs NOtifying the Public Thereof, and Further Providing for Penalties for Violation Thereof Pursuant to the California Vehicle Code, for Tract Nos. 8325, 8686, 8687, and 8831, Portofino. The City Clerk read the title of the ordinance. She noted that the version in thc packet had typographical errors which had been corrected in the copy handed out this evening. Sorensen moved and Burnett seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Sorensen moved and Burner seconded to enact Ordinance No. 1760. Motion carried 5-0. STAFF REPORTS None. COUNCIL REPORTS Burner noted that there was an attempt in the legislature to take funds raised in the Bay Area for traffic improvements and redirect those funds throughout the state. City Manager Don Brown read a letter from the Government Finance Officers Association announcing the award of a Certificate of Achievement for Excellence in Financial Reporting for the City's comprehensive annual financial report. An award of Financial Reporting Achievement was also presented to Carol Atwood, Director of Administrative Services. ADJOURNMENT At 7:12 p.m. the meeting was adjourned. Bautista noted that the meeting of August 4, 1997, will be canceled and the next regular meeting will be August 18, 1997. '~-- City Clerk