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CC 06-15-98 MINUTES Cupertino City Council, Regular Meeting City Hall Council Chamber, 10300 Torre Avenue Monday, June 15, 1998 PLEDGE OF ALLEGIANCE At 6:45 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. Staffpresent: 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 Dowling; Public ln¢ouuation Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS Item 24: Appeal of Planning Commission decision regarding Application 5-EXC-98, AMCOE Sign Co. (Sun Javasoft Towers). Applicant requested continuation to Aug. 3, 1998. Dean moved and Bumett seconded to continue this item to July 20 as requested by the applicant in a revised fax received this afternoon. The motion carried 5-0. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. John Luhring, 22066 Hibiscus, requested a moratorium on all new construction, demolition, or construction of two-story houses in his neighborhood until the new architectural guidelines under discussion have been adopted. CONSENT CALENDAR Dean moved and James seconded to adopt item Nos. 1-8 and 10-12 of the Consent Calendar as recommended by staff. The motion carried 5-0. 1. Resolution No. 98-139: Accounts payable, May 29, 1998. 2. Resolution No. 98-140: Accounts payable, June 5, 1998. 1une I$, 199g Cupertino City Council Page 3. Resolution No. 98-141: Payroll, May 29, 1998. 4. Resolution No. 95-142: Setting date for consideration of reorganization of area designated "Lomita Avenue 98-06", property located on the south side of Lomita Avenue between Byme Avenue and Orange Avenue; approximately 0.3088 acre, Sinksen (APN 357-15-003). 5. Resolution No. 98-143: Setting date for consideration of reorganization of area designated '~l. Stelling Road 98-03", property located on the east side of N. Stelling Road between Garden Gate Drive and Hazelbrook Drive; approximately 0.754 acre, Kovalik et al. (APN 326-30-091). 6. Review of application for Alcoholic Beverage Control license: Vivi's Deli, 21731 Stevens Creek Blvd. 7. Terms and conditions of employment for 1998-99 fiscal year: (a) Resolution No. 98-144: Amending administrative provisions of the Personnel Code. (b) Resolution No. 98-145: Amending the listing of classifications and salary ranges. (c) Resolution No. 98-146: Fixing the employer's contribution for medical insurance. 8. Recommendation from the Telecommunications Commission for two public access grants. 10. Resolution No. 98-147: Authorizing execution of Traffic Signals Maintenance Agreement with City of San Jose. 11. Resolution No. 98-148: Authorization to Submit Applications for Transportation Fund for Clean Air. 12 Resolution No. 98-149: First Amendment to Agency Agreement for Countywide Household Hazardous Waste Program Vote Councilmembers Ayes: Burnett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. . une 100 eUpertlno elty Council Page ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Recommendation from Telecommunications Commission regarding use of additional access channels. Dean asked iftbe city gave away this right to additional teaching from the college, will they be able to get it back. Krey said if the second channel is given to DeAnza College, it would probably remain there. There are two additional access channel that are available as a result of the city's negotiations with TCI. The Commission is recommending that only one be given to the college to expand their television courses. Statton asked if they could grant the channel for a limited period of time and then have it revert back to the city after a four-year period. Dean said that with the technology explosion, the extra television channel will become a premium property to move certain types of information around. Krey explained that if the city does not use their channel, it can be given to TCI and can be retrieved when needed. If the channel is given to the school, it may be difficult to get back. She said that staffhas received a proposal from DeAnza College, but they had not discussed the opportunity of renewing the channel. Dean said one of the possible uses would be to have the citizens serve as graffiti patrol, by being able to see a video signal coming from different locations. Burner moved to defer this item pending further discussion with DeAnza College. James seconded and the motion carried 5-0. 13. Resolution No. 98-150: Approving the final map and improvement plans of Tract No. 9054, Oak Valley, Unit 1, Roman Catholic Bishop of San Jose; authorizing signing of final map and authorizing execution of agreement. 14. Resolution No. 98-151: Approving the final map and improvement plans of Tract No. 9075, Oak Valley, Unit 2, The O'Brien Group; located on Cristo Rey Drive; authorizing signing of final map and authorizing execution of agreement. 15. Resolution No. 98-152: Approving the final map and improvement plans of Tract No. 9076, Oak Valley, Unit 3, The O'Brien Group; located on Cristo Rey Drive; authorizing signing of final map and authorizing execution of agreement. 16. Resolution No. 98-I 53: Approving the final map and improvement plans of Tract No. 9077, Oak Valley, Unit 4, The O'Brien Group; located on Cristo Rey Drive; authorizing signing of final map and authorizing execution of agreement. 17. Resolution No. 98-154: Approving the final map and improvement plans of Tract No. 9078, Oak Valley, Unit 5, The O'Brien Group; located on Cristo Rey Drive; authorizing si~oniug of final map and authorizing execution of agreement. June 15, 199~ uper no Ity ~o~mdl Page 18. Resolution No. 98-155: Accepting grant deeds of real property from Thc O'Brien Group, located on Cristo Rey Drive. *'19. Resolution No. 98-156: Authorizing execution of Agreement for Exchange of Property and Easements between The Roman Catholic Bishop of San Jose, The O'Brien Group, the County of Santa Clara Parks & Recreation Dept. and the City of Cupertino. ** (see note at end of minutes) 20. Resolution No. 98-157: Accepting quitclaim deed & authorization of underground water rights from the Roman Catholic Bishop of San Jose, located on Cristo Rey Drive. 21. Resolution No. 98-158: Accepting grants of easement from the Roman Catholic Bishop of San Jose, located on Cristo Rey Drive. Bumett said he did not pull these items for disenssion because there were any problems, but this is occasion is too important not to have public discussion. Public Works Director Bert Viskovich explained that item Nos. 13-21 were the last in the - sequence of events for approval of the Diocese property. These items have all be accepted will be in a holding pattern until the agreement is executed with the county. All fees and deposits and bonds are placed in escrow, so there will be a simultaneous recordation of the map on receiving all the paperwork. These items complete the process and allow the O'Bfien group to proceed with construction, and they should be able to obtain pe,,dts after June 24. Burner moved to approve item Nos. 13-21. James seconded and the motion carried 5-0. PUBLIC HEARINGS 22. Applications 4-Z-98 and 10-EA-98 - City of Cupertino - amendments to the Cupertino Municipal Code, Chapter 2.32, 16.28, 17.44, 19.132 and 19.134 to enable the creation of a design review subcommittee of the Planning Commission and change public noticing requirements for fence exceptions, sign exceptions, and Community Development Director's administrative applications referred to the Planning Commission. Environmental determination: Negative Declaration recommended. Recommended for approval (continued from June 1, 1998): (a) First reading of Ordinance No. 1787: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.32 of the Cupertino Municipal Code to Enable the Creation of a Planning Commission Subcommittee for Design review." (b) First reading of Ordinance No. 1788: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal Code to June 15, lOgS Cupertino City Council Page 5 Change Public Noticing Requirements for Fence Exceptions." (C) First read'mg of Ordinance No. 1789: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 17.44 of the Cupertino Municipal Code to Change Public Noticing Requirements for Sign Exceptions." (d) First reading of Ordinance No. 1790: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.132 of the Cupertino Municipal Code to Change Public Noticing Requirements for Administrative Approval of Minor Changes in Projects." (e) First reading of Ordinance No. 1791: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.134 of the Cupertino Municipal Code to Change Public Noticing Requirements for the Architectural and Site Review Process." (f) Resolution No. 98-126: Approving Rules of Procedure for a Design Review Subcommittee of thc Plmming Commission. Burnett asked that page 22-23, definition of minor change, the amended to add the following words "and which does not affect the setbacks for building heights of the project relative to the adjacent properties." Burnett also asked that page 22-29, paragraph, item No. 1,be amended as follows: "and existing business name with a property, should one be available." Chang stated that when this is reviewed in one yeaYs time, he would like to sec similar approval time., to compare the amount of time taken between the two procedures. James said that time should not be the sole measurement. Dean moved to adopt a Negative Declaration. Statton seconded and the motion carried 5-0. Dean moved to approve the application with the amendments as suggested by Burnett. Burnett seconded and the motion carried 5-0. The City Clerk read the titles of ordinance Nos. 1787-1791, as amended. Burner moved and James seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. Burnett moved to adopt Resolution No. 98-126. Statton seconded and the motion carried 5-0. 23. Public hearing regarding user fees: (a) Resolution No. 98-138: Rescinding Resolution No. 9860 and establishing user fees (continued from June 1, 1998.) lune 15, 199g Cupertino City Council Page Administrative Services Director Carol Atwood highlighted the changes to user fees. Human Resources Officer Bill Woska explained the dangerous anirllal clause. If an animal is determined to be dangerous then the owner must contain the animal, and inspections are done periodically by code enforcement. If a second bite occurs, the dog may be destroyed. Chang opened the public hearing. There were no speakers and the public hearing was closed. Dean moved to adopt Resolution No. 98-138. Statton seconded and the motion carried 5-0. 24. Consideration of appeal of Planning Commission decision regarding Application 5- EXC-98, AMCOE Sign Co. (Sun Javasoft Towers) - 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 June 1, 1998.) Dean moved and Burner seconded to continue this item to July 20 as requested by the applicant in a fax received this afternoon. The motion carded 5-0. 25. Resolution No. 98-159: Ordering abatement of public nuisance pursuant to the provisions of Ordinance No. 724 and Resolution No. 98-136. Chang opened the public hearing. There were no speakers, and the public hearing was closed. James moved approval of Resolution No. 98-159. Burner seconded and the motion carried 5-0. 26. Public hearing to adopt 1998-99 fiscal year operating budget, establish appropriation limit and approve the granting of a Negative Declaration. (a) Resolution No. 98-160: Adopting an operating and construction budget for fiscal year 1998-1999 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. 98-161: Establishing an appropriation limit for fiscal year 1998-1999. Chang opened the public hearing. There were no speakers, and the public hearing was closed. Burner moved to adopt a Negative Declaration. James seconded and the motion carried 5-0. June 15, 1991] Cupertino City Council Page 7 '-- James moved to adopt Resolution No. 98-160. Dean seconded and the motion carried 5-0. James moved to adopt Resolution No. 98-161. Statton seconded and the motion carried 5-0. 27. Resolution No. 98-125: Ordering Vacation of a Portion of St. Joseph Avenue as provided in Section 8320 et seq. of the Streets and Highways Code of the State of Califumia. (Continued from meeting of May 18, 1998.) The Public Works Director said that Council will be getting the value of about $120,000, and the road is not needed at this time. If it is needed later, thereis a better route available which would go only through public property. Chang opened the public hearing. There were no speakers, and the public hearing was closed. Burnett moved to adopt Resolution No. 98-125. James seconded and the motion carried 5-0. 28. Application 15-EA-98 City of Cupertino, Amendment to Heart of the City Specific - Plan to provide for an exception process. Environmental Determination: Negative Declaration Recommended. Recommended for Approval: (a) First reading of ordinance No. 1786: "An Ordinance of the City Council of the City of Cupertino Amending the Heart of the City Specific Plan to Provide for an Exception Process for Design Starldards." Cowan suggested that the ability to consolidate lots should be considered on a case- by-case basis by staff. The Planning Commission recommendation for an exception clause allows staff to accommodate small lots and have staff prepare an analysis for potential consolidation or code development. Dean asked how they would prevent future problems with setbacks being too small. Cowan said that the plan still shows 20-foot setbacks, and staff would determine if the standards makes sense for a smaller lot. Each deviation from the plan requires an exception process, which would cai1 it to the attention of the Planning Commission and City Council. James said that the paperwork given to Council regarding exceptions should specify any exceptions to the Heart of the City standards. ._ Statton said that all of the councilmembers are worried about the exceptions becoming the rule, but this case appears to have sufficient safeguards in the process. June 15, 199g Cupert~o City Counei! Page Ms. Lisa Warren, 10972 Judy Avenue, said she shared Councilman Dean's concern. She asked Council to be very careful because once the standards have been changed, they won't be able to get them back. Burner moved to adopt a Negative Declaration. James seconded and the motion carried 5-0. Burner moved to approve the application per Planning Commission Resolution No. 4913, with the modifications suggested by staff, which was to amend the first paragraph of the ordinance. James seconded and the motion carried 5-0. The City Clerk read the title of the ordinance, with the first paragraph amended to read as follows: "In order to provide design flexibility in situations when small lot size, unusnslly shaped parcels or unique surrounding land uses make it difficult to adhere to the development standards and where all efforts to meet the standards have been exhausted, an applicant for development may file an exception request to seek approval to deviate from the standards. The possibility of lot consolidation, if an exception is needed for a substandard parcel, shall be evaluated. The exception process shall not be used to increase land use intensity or change permitted land uses." -- Burnett moved and Statton 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. PLANNING APPLICATIONS 29. Application 12-U-97 and 37-EA-97, Monica Sun, 10928 Stevens Creek Blvd. (southwest corner of Bret Ave. and Stevens Creek Blvd.), to demolish an existing retail building and construct a 3,550 square foot retail and 5,100 sq-are foot residential (3 units), mixed-use building, and an amendment to the Heart of the City Specific Plan related to development requirements. Recommended for approval. Environmental determination: Negative Declaration recommended. Mr. Ben Shyy, the applicant's representative, said the purpose of this project was to provide extra living units for Cupertino residents, and to help make an impressive entrance to the city along Stevens Creek Boulevard. Also, he has heard of problems with people banging out in the back of the existing building and the new project will eliminate that. He presented three different cardboard models of the project showing how it had been modified in response to Planning Commission input. Ms. Lisa Warren, 10279 Judy Avenue, said she appreciated the applicant's efforts to create a project with a nice appearance, but she was very concerned about the height of this three-story building. The models of the building look nice but she was concerned about how they would look full size. June lf, 199g Cupertino City Council Page Ms. Blossom Knuth, 10118 Bandley, agreed that the existing building needs to be demolished. She preferred the plan which allows four residences, since it would provide more housing and make each unit more affordable. She said she supported the project, including the mixed use which included businesses on the ground floor. Mr. Thomas Lin, project architect, discussed the parking arrangements, tree sizes and types, and the private parking lot for the residents' use. Dean objected to the elevation drawing, which showed the silhouette of the neighboring house much larger than it is in reality, and he felt this was misleading. Statton was concerned about the gate on Bandley and wanted the applicant to install 36-inch box trees along the back of the property. He also suggested limiting the construction hours. Dean said he had watched this project at the Planning Commission level, and saw similar problems to those experienced with the Swenson project. He did not feels this was the right entrance to the city, and the overpowering proportion of a three- story house with a 20 ft. setback is not correct. Council is learning from their past experiences and he did not view this as a good project. He also objected to the limited space between the private parking lot and the sidewalk on Bandley. Burnett said he would not vote in favor of the third story because he did not feel it was appropriate in this location. The applicant has not given sufficient consideration to the privacy of the neighbors because there are many windows and the patios close to the neighbors. He suggested it be reduced to a two-story project with smaller units, fewer parking, more green space, and no gate on Bandley. James agreed that the space between the parking area and sidewalk was insufficient. Also, deciduous trees were not a good choice for screening. She preferred more greenery and less pavement. Chang said that it is challeng'mg to build a mixed use project on Stevens Creek Boulevard on such a small piece of property. The applicant has tried very hard to accommodate the Planning Commission recommendations. He shared the other members' concerns about the gate and suggested a low fence to screen the cars from the Bandley sidewalk. He agreed they should require 36 inch box trees which are evergreen. He felt the setback from Stevens Creek Boulevard is acceptable, and he would support the project with further modifications. Statton suggested that the building be shifted forward on the site and there be larger evergreen trees on the back of the project. He was satisfied with a three-story ._ building. Chang agreed. James said that the three-story building might be acceptable if the design is done with definition, and a lot more green space. June 15, 1998 Cupertino City Council Page Cowan discussed the conversations which occurred at the Planning Commission meeting regarding the orientation of the parking lots and building. It is awkward to split up parking, and if the building is shifted more to the front of the lot, it may reduced the viability of the retail businesses. The applicant said that this small lot presents many difficulties and creates the need for the exception process. He appreciat~l Council's consideration of such a process. If the building is placed in the center, it compromises parking. If the building is placed in the back, it compromises the neighborhood. He said he was willing to modify the plans as Council deemed appropriate. City Attorney Kilian asked whether there was any consensus in provid'mg direction to the applicant and Planning Commission. Dean, Statton and Burner agreed the building should be closer to Stevens Creek Boulevard, and James said she was open to suggestions from the architect. There was also a majority willing to accept the three-story building, to remove the gate, and to increase the setback from the sidewalk on Bandiey to at least five feet. All Councilmembers were in favor of requiting 36-inch box evergreen trees. Statton, Burner and Chang were mostly concerned with the height of the building as viewed from the property on the south side. Dean was more concerned with overall mass, and Burnett felt both the front and back views were problems. James said the back view may provide more of a problem but she felt there would be architectural solutions. Council concurred to refer this item back to the Planning Commission. UNFINISHED BUSINESS NEW BUSINESS 30. Resolution No. 98-162: Amending Agreement between Symantec, Cupertino City Center buildings, and the City of Cupertino for the completion of certain improvements along Stevens Creek Boulevard and within the southeast corner of Stevens Creek and De Anza Boulevards. James moved to adopt Resolution No. 98-162. Dean seconded and the motion carried 5-0. 31. First reading of Ordinance No. 1792: 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. Burner 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 carded 5-0. 1une 15, 199g Cupertino City Council Page 11 32. Application deadlines and interview dates for appointment to the Cupertino Housing Committee. Bumett moved to set the application deadline on July 15, and to conduct interviews on July 20. James seconded and the motion carried 5*0. 33. Consider cancellation of the August 17, 1998, Council meeting. Dean moved to cancel the meeting. Statton seconded and the motion carried 5-0. 34. Request for City Council adoption of resolutions related to a November 1998 ballot to extend the City's Utility Users Excise Tax to the Ranch Rinconada area and declare the Council's position on the annexation of Rancho Rinconada. (a) Resolution No. 98-163: Declaring an emergency requiring the calling of an election for November 3, 1998, related to the levying a General Tax upon property to be annexed to the City of Cupertino (Rancho Rinconada area). (b) Resolution No. 98-164: Calling for a special municipal election for the purpose of submitting a measure before the qualified voters of the Rancho Rinconada area. (c) Resolution NO. 98-165: Stating that the annexation of the Rancho Rinconada area is contingent upon the voters and landowners agreeing to the extension of city taxes and fees. (d) Resolution No. 98-166: Setting a public hearing to consider an ordinance extending the utility users excise tax to the Rancho Rinconada area in the event of its annexation to the City of Cupertino. Mr. Marc Auerbach, 18860 Barnhsrt Avenue, said he represented the Rancho Pocket Annexation Committee, and they want~l to proceed with the annexation most expeditiously. They believe a majority of the residents were in favor of annexation but the requirements of Proposition 218, as explained by the City Attorney, will now require a majority vote to accept the utility tax. He understood there would be a trade-offin terms of reduced costs that would no longer be paid to the lighting district. However the main fear of those to be annexed is that taxes will increase. The pwposed sequence of election, mail ballot, and annexation hearings is particularly confusing and time consuming. He thanked staff for their diligent work and asked to have the process consolidated as much as possible. He referred to the draft City Council resolution which states that Council would agree not to annex the Rancho Rinconacla area unless the utility fees and the storm drain fees were accepted by those to be annexed. He asked that Council not automatically waive the annexation if this stoim drain fees did not pass, since it only amounted to about $20,000 dollars per year. June 15, 19911 Cupertino City Council Page 12 The City Attorney said that he had talked with Mr. Auerbach earlier and as a result of those discussions, staffproposed mending the resolution which called the election to add an advisory measure which says "Should the unincorporated area of Santa Clara County known as "Rancho Rinconada" be annexed to the City of Cupertino?" It would be followed by the second measure regarding the utility tax, therefore more firmly establishing the reason for the tax. He explained that the measure would apply only to utility taxes. The storm drain fees can be adopted by the electorate, but then a two-thirds vote is required. If a mail ballot is done instead, it is sent only to property owners and a majority vote is required. Mr. Wayne Weichel, 10579 Gascoigne Dr., said he was a five-year resident and had been active with the neighborhood association for about two years. The biggest hurdle has been one of misinfo~nmtion. Up to this point the committee baa addressed the problem by going door to door, distributing flyers, and holding public meetings. He was concerned that most people feel that the annexation is already completed, so now the committee is not getting a lot of support and there is the sense that process is being dragged out. He encouraged Council to proceed with the annexation procedures is quickly as possible. Discussion followed regarding the feasibility of preparing an infosmational piece to be sent to the neighbors in the Rancho Rinconada area. City Manager Don Brown -- said it would be best to let the Rancho Rinconada leadership determine if such information would be helpful. Dean moved to adopt Resolution No. 98-164, amended to include an advisory measure, as follows: "Should the unincorporated area of Santa Clam County known as "Rancho Rinconada" be annexed to the City of Cupertino?" Burnett seconded and the motion carried 5-0. Burner moved to adopt Resolution No. 98-163. James seconded in the motion carried 5-0. Bumett moved to adopt Resolution No. 98-165. Statton seconded and motion carried 5-0. Dean moved adoption of Resolution No. 98-166. Statton seconded, and the motion carded 5-0. ORDINANCES - None STAFF REPORTS 35. Status report regarding amendment of Single-Family Resident (R-l) ordinance regarding house size and design. June 15, 1991] Cupertino City Council Page "-- Council concurred to appoint Councilmembcrs Statton and James to thc committee (Austin, Doyle and staff) to conduct the architect interviews and selection. COUNCIL REPORTS James regretted she had been unable to attend the Leadership Cupertino graduation because of a conflict in her schedule, but she heard it went ve~ well. The Cupertino Community Services Golf tournament saw many city representatives, and it was a fun way to raise money. She represented the city at the retirement of one of the senior staffofthe Cupertino School District, Gerd Ferraiuolo, who had partnered with the city on all of the facility modernizations. Burnett said he and Ray Chong, the City's traffic engineer, attended the fifth Wheel Deal at the Manufacturer's Crroup, and they are doing a terrific job. The City may be able to obtain a replacement bridge for Blackberry Farm as a result of the efforts of that organi?ation. He said the Cities' Association is having a bocce ball tournament on Thursday and the Council is invited. Chang said he felt the Leadership Cupertino presentation was a culminating experience for the graduates and gave Council a sense of their leadership skills. He felt it was very worthwhile. Statton said he thought Leadership Cupertino was a great program and will produce a good crop of future leaders for the community. Chang said he attended a gathering of potential neighborhood leaders, and the Council is encouraging residents to enjoy themselves and meet their neighbors at block parties. The process has been streamlined and the insurance fees have been waived, and assistance can be obtained from the Recreation Division during the party. City Manager Don Brown reviewed the recommendations of the Legislative Review Committee. Council concurred to adopt the recommendations as presented. The following action was taken: · Endorsed Santa Clara Valley Water District's position regarding the Bay Delta program. · Opposed draft decision by administrative law judge Thomas R. Pulsifer regarding pole attachments and rights-of-way access. · Supported MIRA proposed school bond package. · Opposed AB 2603 (Gallegos), Labor Relations Improvement ACt of 1998. CLOSED SESSION - None _ ADJOURNMENT At 9:40 p.m. the meeting was adjourned. June 1:~, I~)~)~ Cupertino City Council Page 14 City Clerk ** Resolution No. 98-156 was later revised into four separate resolutions, as follows: 98-156A - Grant of easement from County to Santa Clara Parks & Rec re water system facilities,Tract 9054, EFC 3 98-156B - Grant of easement from County to Santa Clara Parks & Rec re water system facilities, Tract 9054, EFC 4 98-156C - Grant of easement from County to Santa Clara Parks & Rec re public utilities, Tract 9054, EFC 5 98-156D - Grant of easement from County to Santa Clara Parks & Rec re right of way, public utilities, and storm drainage, Tract 9054, EFC 6