CC 05-19-97----- CC-945
MINUTES
Cupertino City Council
Special Meeting
May 19, 1997
PLEDGE OFALLEGIANCE
At 6:00 p.m. Mayor Bautista called the meffdng to order in the Council Chambers, 10300 Tone
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Bautista, Vice-Mayor Lauralee Sorensen,
Councilmembers Don Bumett, Michael Chang, and Wally Dean. Council members absent:
None.
Staffpresent: City Manager Don Brown; City Clerk Kimbefly Smith; City Attorney Charles
Kilian; Administrative Services Director Carol Atwood; Planner II Vera Gil; City Planner Ciddy
Wordell; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey;
and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
The Mayor and Councilmembers thanked Vice-Mayor Sorensen for service as Vice-Mayor
during her six-month teim and said she had been an outstanding representative for the City.
Dean moved to appoint Michael Chang as Vice-Mayor, Burnctt seconded and the motion carried
5-0.
The City Clerk administered the oath of office to Michael Chang.
Vice-Mayor Chang said he appreciated the opportunity to be vice-mayor of this great city. He
said he would work closely with council on some key issues facing the city, such as senior center
renovation, study of feasibility of a new library, council commitment to continue to improve
quality of life and to encourage cultural richness. He thanked friends and family and introduced
his wife and daughter. He expressed appreciation for an outstanding city manager and staff.
John Statton, executive director of the Chamber of Commerce, presented gifts to Councilmember
Sorensen from the Chamber and thanked her for her dedicated service. He extended best wishes
to Vice-Mayor Chang and presented a gii~.
RECESS
May 19, 1997 Cupertino City Council Page 2
The meethlg was recessed at 6:10 p.m. for a reception honor/ng Vice-Mayor Chang. At 6:35
p.m. the meeting reconvened in the Council Chambers. City Clerk Kimberly Smith was replaced
by Deputy City Clerk Roberta Wolfe.
POSTPONEMENTS
None.
WRITTEN COMMUNICATIONS
None.
ORAL COMMUNICATIONS
Mr. David Smith and Mr. Leland Keys introduced themselves to the City Council. They will be
serving on the ad hoc Historic Research Committee.
CONSENT CALENDAR
Vice Mayor Sorensen removed Item 15 from the Consent Calendar.
Sorensen moved to adopt Consent Calendar items 1-5 and 7-18. Dean seconded, and the motion
carried 5-0.
1. Resolution No. 9838: Accounts Payable, May 2, 1997.
2. Resolution No. 9839: Accounts Payable, May 9, 1997.
3. Resolution No. 9840: Payroll, May 2, 1997.
4. Approval of the re'mutes of the regular adjourned meeting of May 5, 1997.
5. Resolution No. 9841: Authorizing execution of Administering Agency-State Master
Agreement No. 04-5318, between the State of California and the City of Cupertino.
6. Approval of annual Federal Communications Commission authorized TCI cable rate
increase. Removed by Vice-Mayor Sorensen.
7. Resolution No. 9842: Declaring weeds and brush growing on certain described property
to be a public nuisance.
8. Resolution No. 9843: Authorizing execution of agreement with De Anza College for the
continued operation of the Cupertino Conununity Access Channel.
9. Resolution No. 9844: Making determinations and approving the annexation of territory
designated "Lomita Avenue 96-14," approximately 0.116 acre located on the south side
May 19, 1997 Cupertino City Council Page 3
of Lomita Avenue between Orange Avenue and ]]yrne Avenue; t~ar-Shir (APN 357-15-
010).
10. Resolution No. 9845: Making determinations and approving the annexation of territory
designated "Orange Avenue 97-05," approximately 0.140 acre located on the west side of
Orange Avenue between Granada Avenue and Hermosa Avenue; Lo (APN 357-16-096).
11. Resolution No. 9846: Authorizing the submittal of application to the Bay Area Air
Quality Management District for funds pursuant to Health and Safety Code Section
44225 and 44241, De Anza Boulevard Traffic Management Project.
12. Acceptance of municipal improvements: (a) Commercial building at comer of De
Anza/Bollinger, Imwalle & Stegner; Co) 10120 Crescent Road, Clemen G. & Miu Chang
Jue; (c) Tract 8822, Peninsula #7, Peninsula Avenue, Debcor Corporation.
13. Resolution No. 9847: Accepting quitclaim deed and authorization for underground water
rights from Yu-Sheng Kao and Hung-Ying Kao; APN 357-03-062, 22407 N. Walnut
Circle.
14. Resolution No. 9848: Approving final plan for the improvement of frontage at 10555
Merriman Road; Developer, Allan Lin; authorizing the City Engineer to sign plan;
authorizing execution of agreement.
15. Resolution No. 9849: Approving final plan for the improvement of frontage at 21831
Lomita Avenue; Developers, Teresa Jane Lui and Robert Scott Bart; authorizing the City
Engineer to sign plan; authorizing execution of agreement.
16. Resolution No. 9850: Accepting quitclaim deed and authorization for underground water
rights from Teresa Jane LUI and Robert Scott Bart; APN 357-16-062, 21831 Lomita
Avenue.
17. Resolution No. 9851: Accepting grant of easement for roadway purposes from Teresa
Jane Lui and Robert Scott Bart; APN 357-16-062, 21831 Lomita Avenue.
18. Resolution No. 9852: Authorizing execution of agreement with Pacific Autism Center
for Education (PACE) for ten-year extension of loan.
May 19, 1997 Cupertino City Council Page 4
Vote Councilmembers
Ayes: Bautista, Bumett, Chang, Dean, and Sorensen
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. Approval of annual Federal Communications Commission authorized TCI cable rote
increase.
Public Infomiation Officer Donna Krey reviewed the staff report, noting that the city must allow
the increase if TCI meets FCC guidelines.
Sorensen moved to authorize staff to continue reviewing the FCC 1240 form from TCI and to
issue a rate order disapproving any increases that are not satisfactorily addressed by June 1, 1997.
PUBLIC HEARINGS
None.
PLANNING APPLICATIONS
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
19. Request from SNK Realty and Sand Hill Properties for interpretation of Section 2.2.10 of
the Housing Mitigation Manual.
Planner II Vera Gil reviewed the staff report and explained that the request is for an
interpretation which would allow the developers to provide fewer two-bedroom units than
would be required utilizing the general standard for calculating unit type. They are also
requesting clarification of the phrase "scattered throughout the site." Both requests by the
applicant are market-driven. The Housing Committee recommends that Council approve
the request to allow a majority of the below-market-rate units to be located on the first
floor, and the proposed BMR unit mix as shown in the staff report.
Don Peterson, representing SNK Realty described the amenities available in all units of
the project, such as 9-foot ceiling heights, oval bathtubs, crown moldings, a high-tech
May 19, 1997 Cupe ino City Council Page 5
communications package, and digital television. He urged Council to approve the
recommendation of the .Housing Committee.
Dean moved to approve the Housing Committee recommendation to approve the
applicant's request to allow a majority of the BMR units to be located on the first floor
and the proposed BMR unit mix as shown below:
1 bed/1 ba 526 3 6
1 bed/1 ba 792 3 1
1 bed/1 ba 826 2 1
2 bed/2 ba 1,243 6 6
2 bed/2 ba 1,284 6 6
Total 20 20
Chang seconded and the motion carried 5-0.
20. Resolution No. 9853: Authorizing execution of agreement for law enforcement services
with Santa Clara County for a period of five years.
· - Administrative Services Director Atwood reviewed the staff report. The contract calls for
annual increases based on the percentage increase in total compensation provided to
patrol deputies, or the consumer price index for urban wage earners plus 2%, whichever
is less. Other corCuact changes include streamlining the reporting and billing processes.
City Manager Brown answered Council's questions, noting that the escalation on the
previous year's contract was limited to no more than 10% of contract costs. He told
Council that the only cities contracting with the Sheriff are the West Valley cities listed in
the report.
Sorensen moved to adopt Resolution No. 9853 authorizing the City Manager to sign a
contract for law enforcement and emergency communication services for the five years
ending June 30, 2002. Chang seconded and the motion carried 5-0.
21. Selection of application deadlines and interview dates for an unscheduled vacancy on the
Parks and Recreation Commission.
Deputy City Clerk Wolfe asked Council to confmn the dates proposed by staff.
Sorensen moved to set a deadline of Friday, June 6, for applications to be submitted with
interviews to be held on Monday, June 16, at 6:00 p.m. Chang seconded and the motion
-- passed 5-0.
22. Resolution No. 9854: Regarding campaign expenditures for the 1997 City Council
elections.
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City Attorney Kilian reviewed the proposed resolution that would establish a voluntary
campaign expenditure limit for the 1997 election. This resolution is designed not to
trigger the automatic increases in campaign contributions as provided in Proposition 208.
Chang said he would vote against the resolution because he thought it unfairly favors
incumbents. He said $15,000 is not a very high limit given the cost of publicity.
Sorensen moved to adopt resolution No. 9854. Dean seconded and the motion carried 3-2
with Councilmembers Chang and Bumett voting no.
ORDINANCES
23 Second reading and enactment of Ordinance No. 1757: "An Ordirmnce of the City
Council of the City of Cupertino Adding Chapter 2.06 to the Cupertino Municipal Code
Related to Campaign Finance Regarding Council Elections."
The Deputy City Clerk read the rifle of the ordinance. Dean moved and Sorensen
seconded to read the ordinance by rifle only, and that the Deputy City Clerk's reading
would constitute the second reading thereof. Motion carried 5-0.
- Sorensen moved and Dean seconded to enact OrdiBance No. 1757 Motion carried 5-0.
STAFF REPORTS
None.
COUNCIL REPORTS
None.
CLOSED SESSION
At 7:00 p.m. the meeting recessed to a closed session in Conference Room A regarding labor
negotiations pursuant to Government Code Section 54957.6. At 7:45 p.m. the meeting concluded.
ADJOURNMENT
At 7:45 p.m. the meeting was adjourned to May 28, 6:00 p.m., Conference Room C, for a budget
study session.
-- / Roberta Wolfe J
Deputy City Clerk