CC 09-08-98 MINUTES
Cupertino City Council, Regular Adjourned Meeting
Tuesday, September 8, 1998
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean,
Councilmembers Don Burnett, Sandy James, and John Statton. Council members absent: None.
S~mff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles
Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob
Cowan; Parks and Recreation Director Steve Dowhng; Public Information Officer Donna Krey;
and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
POSTPONEMENTS
Item No. 30: Withdrawal of Sun Javasoft Towers sign exception.
Item No. 32: Postponement of Library Needs/Civic Center Expansion.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Dean moved to approve the Consent Calendar as presented, with the exception of item Nos. 10,
15, and 18 which were pulled for discussion. Bumett seconded and the motion carried 5-0.
1. Accounts payable - July 31, 1998, Resolution No. 98-206.
2. Accounts payable - August 7, 1998. Resolution No. 98-207.
3. Accounts payable - August 14, 1998. Resolution No. 98-208.
4. Accounts payable - August 21, 1998. Resolution No. 98-209.
September 8, 1998 Cupertino City Council Page
5. Accounts payable - August 28, 1998. Resolution lqo. 98-210.
6. Payroll - August 7, 1998. Resolution No. 98-211.
7. Payroll - August 21, 1998. Resolution No. 98-212.
8. Monthly Treasurer's and Budget Report- July 1998.
9. Minutes of the August 3, 1998, regular meeting.
11. Acceptance of city projects performed under contract: (a) Blue Pheasant Restroom renovation, Project 98-102, (PICC, Inc.).
(b) Reconstruction of curbs, gutters and sidewalks, Project No. 97-106 (Tally's
Enterprises).
12. Request by Apple Computer Inc. to delay re-installation of public art located on Apple
Gateway Campus. Recommend approval.
13. Authorizing improvement agreement - SC/DA LLC, northeast comer Stevens Creek
Boulevard at De Anza Boulevard, APN 316-26-084/089. Resolution No. 98-215.
.... 14. Accepting grants of easements for 20425 Stevens Creek Boulevard, APN 316-26-084,
SC/DA LLC:
(a) Grant of easement for roadway purposes, Resolution No. 98-216.
(b) Grant of easement for sidewalk purposes, Resolution No. 98-217.
(c) Grant of easement for public utilities purposes, Resolution No. 98-218.
(d) Grant of easement for landscape, Resolution No. 98-219.
16. Acceptance of municipal improvements: (a) Benchmark Homes Seven, LLC, West Side Wolfe Road at Pruneridge, Tract 8980
(Tandem Site-7 homes).
(b) Brett Beedle, 21904 Almaden Avenue, R & Z Development, 10227 Adriana Avenue.
(c) Cupertino City Center Apari~xents II, Tract 8840, West Side Torte Avenue Between
Rodrigues, Stevens Creek (120 Units).
(d) Tom Wamer/Fung Warner, 20674 Kirwin Lane, APN 359-23-007.
(e) Karo T. & Betty W. Li, 22363 Stevens Creek Blvd., APN 326-50-011.
(0 E & H Third Family Limited Paxtaership, 10480 South Stelling Road, APN 359-13-
086.
17. Request for fee waiver from Fremont Union High School District Alumni Association for
the use of Blackberry Fami Picnic Facility.
19. Administering Agency-State Master Agreement No. 04-5318 for Federal-Aid Projects,
authorjzlng execution of Program Supplement No. 002-M, Resolution No. 98-224.
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20. Administering Agency-State Master Agreement No. 04-5318 for Federal-Aid Projects,
authorizing execution of Program Supplement No. 003-M, Resolution No. 98-225.
21. Appointing Eileen Murray as Assistant City Attorney, Resolution No. 98-226.
22. Alcoholic Beverage Control licenses:
(a) Review of application from Courtyard Management Corporation, 10605 N. Wolfe
Road.
(b) Review of application from Crossroads Chevron, 10023 S. De Anza Boulevard.
23. Accepting grant of easement for sidewalk purposes f~om Stevens Creek Cupertino
Associates, 20745 Stevens Cr~k Blvd., APN 326-032-055. Resolution No. 98-227.
24. Accepting quitclaim deed and authorization for underground water rights from Richard C.
Lou and Carol C. Lou, 21853 Woodbury Drive, APN 326-45-046. Resolution No. 98-228.
25. Accepting quitclaim deed and authorization for underground water rights from Nommn F.
Kelly, 10314 Palo Vista Road, APN 357-02-054. Resolution No. 98-229.
26. Accepting grant of easement for sidewalk purposes from Washington Mutual Bank,
fo. merly Great Western Savings, 10250 South De Anza Boulevard, APN 369-41-004.
Resolution No. 98-230.
27. Authorizing execution of improvement agreement between the city and Great Western
Savings and Loan Association, 10250 South De Anza Boulevard, APN 369-41-004.
Resolution No. 98-231.
Vote Councilmembers
Ayes: Burnett, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. Change orders for city projects performed under contract:
(a) Blue Pheasant Restroom Renovation, Order No. 4, Project 98-102. Resolution No. 98-
213 (PICC, Inc.).
Co) Reconstruction of curbs, gutters and sidewalks, Order No. 4, Project No. 97-106.
Resolution No. 98-214, (Tally's Enterprises).
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Public Works Director Bert Viskovich explained that thc cost of renovation was typically
higher because additional items are found as the work proceeds. The Blue Pheasant
restroom project was approved with a 15% contingency for that reason, and the actual
change order totals approximately 17%.
The curbs, gutters and sidewalks contract came in with such a low bid that staff is taking
advantage of the price to do a larger inventory of repair, and also W repair some damage
from the El Nino storms.
15. Accepting grants of easements for 20451 Stevens Creek Boulevard, APN 316-26-089,
SC/DA LLC:
(a) Grant of easement for public utilities purposes, Resolution No. 98-220.
(b) Grant of easement for sidewalk purposes, Resolution No. 98-221.
(c) Grant of easement for landscape, Resolution No. 98-222.
Viskovich discussed the Stevens Creek Boulevard conceptual plan requirements for
setbacks along Stevens Creek and De^n?a Boulevards, and said that the land dedications
should have all been consistent with those requirements, but he would double-check them.
18. Garden Gate Drive 98-07 Annexation - Setting date for consideration of reorganization of
area designated "Garden Gate Drive 98-07," property located on the south side of Garden
Gate Drive between Beardon Drive and Bandley Drive; approximately 0.229 acre, Lee
(APN 326-33-016). Resolution No. 98-223.
Viskovich discussed the city's annexation policies regarding single properties and said that
although the land would be annexed since it is adjacent to city boundaries, the street will
not be annexed at this time, so the County is still responsible for streetswecping, street
improvements, etc. Burnett said the Council may want to look at that policy, since the
anr~exation of the whole Garden Gate area is being contemplated. Every time they do a
single annexation such as this, they lose one vote for annexation of the whole area.
Burner moved and Statton seconded to approve item Nos. 10, 15, and 18 as presented by staff.
The motion carried 5-0.
PUBLIC HEARINGS
28. Rancho Rinconada utility tax - First reading of Ordinance No. 1798, "An Ordinance of the
City Council of the City of Cupertino Extending the Imposition of a Utility Users Excise
Tax to the Rancho Rinconada Area in the Event of its Annexation and Ordering the
Submission of a Proposition Therefor to the Electorate of the Rancho Rinconada Area.'
Community Development Director Bob Cowan reviewed the staff report.
September 8, 1998 Cupertino City Council Page
-- City Attorney Chuck Kilian said Council already voted on this before so that it could be
placed on the November ballot, so this is a cleanup matter because it requires an ordinance
tO be passed.
Mr. Carl Titsworth, 18760 Tuggle Avenue, said he was opposed to the annexation and the
utility tax. He submitted a sample of a mail ballot and said the property owners must be
given an opportunity to vote.
Mr. Mark Auerbach, 18860 Bamhart Avenue, spoke in favor of the annexation on behalf of
the Rancho Pocket Annexation Committee. He said they estimate the net cost of the
change in taxes would be less than $2 per month for the average citizen.
The City Clerk read the title of the ordinance. Bumett 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.
29. Duplex at 10067 Bianchi Way - Appeal of Planning Commission decision regarding
Application 7-U-98, Tony Wong, a request to construct a duplex in a Planned Development
zoning district, including an exception to the Heart of the City Specific Plan. (Council
member Don Burnett, appellant).
- Mr.. Jim Jackson, representing the applicant, said there were two issues to be addressed.
One was whether the two lots should be consolidated, and the Planning Commission and
staffwere in favor of this. The other issue was the size of the side yard setback. He
discussed the changes which were made to the plan since it was last seen by the Planning
Commission, which shows a 25 foot setback, although the applicant would prefer the
original plan which allows for more space between the two homes. They feel the privacy
issues can be adequately addressed by putting in more landscaping. Regarding the lot
consolidation, he said he was not sure if there was a reason why prohibiting this would
improve the city's housing stock or residents' living conditions.
Mr. Thomas Lin, project architect, said that the car port had been removed and that area
was now devoted to living space.
Mr. Tony Wong, applicant, said they proposed to increase the number of trees on the west
side to six 24-inch box cypress trees to mitigate the privacy issues. Mr. Wong said the first
floor setback for unit No. 2 would be 10 feet on one side and eight feet on the other side.
The second-story would have 10 foot setbacks on both sides. He noted that this property is
zoned for medium to high-density development, but this project will have only two units,
which is low density.
September g, 199g Cupertino City Council Page 6
-' Dean, Statton, and Burnett were all in favor of a 25 ft. setback on the west side. Chang and
James said that they could accept either proposal. Further discussion followed about the
type and number of trees to be placed on the west side.
Burnett moved to deny the appeal and approve the application with the condition that there
be a 25 foot setback and a total of six 24-inch box trees on the west side. James seconded
and the motion carried 4-0 with Statton abstaining.
30. Sun Javasoft Towers sign exception - Appeal of p]annirlg Commission decision regarding
Application 5-EXC-98, AMCOE Sign Co. (Sun Javasoff Towers), a request for a sign
exception to exceed the allowed size of a wall sign at 20400/20450 Stevens Creek
Boulevard in accordance with Chapter 17 of the Cupertino Municipal Code. (Council
member Wally Dean, appellant) (Continued from July 20, 1998). Applicant requests
withdrawal.
31. R- 1 Ordinance amendment, building mass, setback and height. Applications 11-Z-98 and
8-EA-98. Negative Declaration is recommended and application is recommended for
approval:
(a) First reading of Ordinance.
Community Development Director Bob Cowan reviewed the staff report and the status of
- the Planning Commission discussion on this matter. Mayor Chang opened the public
hearing. There were no speakers and the hearing was closed.
The Councilmembers agreed it would be best to give the Planning Commission additional
time to discuss FAR and daylight planes. Cowan said the Planning Commission
recommends that anyone who has a plan in for review by August 31 st would be protected if
a pipeline clause were included. He noted that using trees to mitigate privacy concerns was
relatively inexpensive, and it may not be necessary to have a pipeline at all. Burner said
that the Planning Commission has decided to rely solely upon trees to screen second-story
units. He disagreed with that solution. Although trees are good, it can be very complicated
to select the species, location, and number. He preferred a more straightforward approach
where .the staff, applicant, and neighbor to the rear could work on the problem together and
come up with a landscaping solution. For example, puffing ail the trees on the property line
is not necessarily the best thing to do. He believed it was not unfair to ask the person who
is building a second-story building to take some restrictions on the windows, such as
obscure glass or clear clerestory windows and.
James moved to continue the ordinance to Sept. 21, at which time a regular and an urgency
ordinance will be presented; and that the Council concur with the Planning Commission's
recommendation to delay consideration of floor area ratio (FAR) and daylight plane issues
until the next general purpose R1 hearing scheduled for Sept. 28 before the Planning
Commission. Bumett seconded, and the motion carried 5-0.
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PLANNING APPLICATIONS - None
UNFINISHED BUSINESS
32. Library Needs/Civic Center expansion - Report on library needs study and request for
authorization to retain Adamson & Associates to conduct a cost alternative analysis of the
options for the Civic Center expansion. Postponed.
NEW BUSINESS
33. Review of bids and award of contract for Stevens Canyon Road Sto~iii Drain and Retaining
Walls Replacement, Project 98-110.
Public Works Director Bert Viskovich reviewed the staff report.
Dean moved to award the project to Anderson Pacific in the amount of $424,000 based
upon the lowest bid, with no contingency required. Bumett seconded and the motion
carried 5-0.
34. Review of bids and award of contract for Medians and Roadsides Landscape Improvements
at Various Locations, Project 98-108.
Public Works Director Bert Viskovich reviewed the staff report.
Dean moved to award the project to lowest bidder, Robert A. Bothman, Inc, in the amount
of $575,000 plus a contingency of 10%, bringing the total amount to $632,500. Statton
seconded and the motion carried 5-0.
35. Funding for flood protection- Request for Council to send letter to the Board of Directors
of the Santa Clam Valley Water District requesting adequate funding for flood protection.
(Council member Bumett).
Burner said he requested that this item be put on the agenda after a meeting with the staff
of the water district. The taxes that are used to fund flood control activities are running out
and by the year 2000 there will be no more money to clean out creeks. It will take a two-
thirds vote to raise additional tax money. The water Board of Directors was planning to ask
only for enough money to continue with maintenance, without asking for additional funds
for other flood control projects. Burner did not feel that was acceptable because there has
been flooding in the city before, and conditions exist which could cause it to happen again.
Also, the local projects are not on the top of the list. Bumett suggested that he public be
approached about raising enough money to give all of the county one percent flood
protection. For example, the plan they are proposing would not fix the Route 87 problem.
He asked that Council send a letter to the Board of Directors asking them to request enough
money to provide not only maintenance but one percent flood protection for everyone,
geptem})er ~, 100~ Cupertino Cliy ~ounci{ Page 8
particularly the Northwest district and North Central district which are within Cupertino.
He said they would be meeting with the president of the board soon so they will have a
chance to talk to him directly.
Ms. gharen Guerra, 10858 East Estates Drive, said that she represented the neip, hb0rl who
lived along Bollinger where the homes were flooded. She referred to her letter that had
been distributed to the council as a part of their packet. She said the campaign to raise the
tax money will be one of the biggest problems and asked Council to help raise awareness
and garner support for this important project. In the interim; the neighbors are very
concerned about potential flood damage in the coming winter and they need some help
from the city, such as sandbag walls. The neighbors are also putting together a petition
regarding block walls along Bollinger Road. The water district has agreed to provide
engineering services but they do not have any money for capital projects. Ms. Ouerra
suggested a task force to find a way to deal with this problem. She said it has been
estimated it would take two years to study the issue and three years to construct the new
culvert, and that time period begins after they get the money.'
Ms. Elvira Fisher, 10850 East Estates Drive, distributed some photographs of the culvert
under Bollinger Road and the flooding over the bridge. She asked for council support in
any way, such as putting up a retaining wail to redirect the water into the creek, and to put
up a removable guard rail to replace the one which acted as a debris dam. She suggested
that the streets division examine the bridge, because there is a lot of track traffic which
perhaps should be re-routed.
Mr. Dan Rivers, a resident of this area, said the water district has not even cleaned the
debris out of the San Jose side of the creek, and it could easily block the creek again. The
old bridge has been weakened so much that it is leaning. He has contact~l Anna Eshoo's
office to try to get some progress on the creek cleaning. The big fixes may take longer, but
it should be fairly easy to do the small fix of cleaning out the creek and putting up a brick
wall.
Dean moved to send the letter to the Board of Directors of the Santa Clara Valley Water
District urging adequate funding for flood protection. The issues of debris in the creek and
bridge modifications should also be brought up. James said that people in the Phar Lap
neighborhood are also having problems with the creek.
Ms. G-uerra said she had talked with Marie Moore, the city's Disaster Preparedness
Coordinator. Statton suggested that the new Community Services Sheriff Steve Angus
contact these neighbors, and that Public Works begin working with the neighbors about
how to quickly get access to sandbags when needed.
James seconded the motion and it carried 5-0.
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Bumctt said one thing to consider would bca task force composed of thc water district,
City of San Jose, and City of Cupertino. Ms. Guerra asked that a citizen representative also
be included on such a group.
36. 1997-98 ann~_~_~i year-end close budget adjustment.
Administrative Services Director Carol Atwood reviewed thc staff report.
Ssmes moved to approve the adjuslmcnts as set forth in the staff report, which will rcflcct
an increase to the fund balance projections of $11,$94.370. Bumett seconded and the
motion carried 5-0.
ORDINANCES
37. Council Elections and Campaign Finance - Second reading and enac~ent of Ordinance
No. 1797: "An Ordinance oftbe City Council oftbe City of Cul~rtino Amending Portions
of Chapter 2.05 of the Cup~ino Municipal Code Related to City Council Elections and
Campaign Finance."
The City Clerk read the title of the ordinance. Dean moved and James seconded to read the
ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Motion carried 4-1 with Burner voting no.
Dean moved and Statton seconded to enact Ordinance No. 1787. Motion carried 4-1 with
Burner voting no.
38. Temporary signs - Second reading and enactment of Ordimmce No. 1796: "An Ordinance
of the City of Cupertino, Amending Chapter 17.32 of the Cupertino Municipal Code for the
Purpose of Conforming the Provisions of the Code to the Requirements of State and
Federal Law, Conforming the Provisions of the Code to be Consistent with Present City
Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old Provisions with
New Language, and Consolidating and Streamlining Various Provisions."
The City Clerk read the rifle of the ordimmee. Burner moved and Dean seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Motion carried 4-1 with James voting no.
BurneR moved and Dean seconded to enact Ordinance No. 1796. Motion carded 4-1 with
James voting no.
STAFF REPORTS
Public Works Director Bert Viskovich announced that the cleanup of thc McDonald-Dorsa site
will begin on September 16, and will take approximately 30 days.
~eptember 1001 Cupertino City Council Page 10
COUNCIL REPORTS
James reported that she had met with Carol McNeil on thc Leadership Cupertino team. They
will be meeting with people in the educational field to get some input on a leadership program
for teens. The senior center renovation is going well and an architect has been selected.
Dean talked about a new plan available through the county to use wogms for composting.
Chang reported on the enjoyable trip to Toyokawa Japan by a delegation from city sta~ and
community members. He also discussed some workshops under development by the 5Cs group
to develop leadership skills. Chang also noted that next Wednesday there would be a delegation
to Cupertino from a city in Taiwan.
CLOSED SESSION - None
At 8:25 p.m. the meeting was adjourned to Friday, Sept. 18, at 12:00-5:00 p.m., Blackberry Farm
Retreat Center, 21975 San Fernando Road, for the quarterly City Council/City Manager
workshop.
City Clerk