CC 10-18-99 MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, October 18, 1999
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Dean 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 Wally Dean, Vice-Mayor John Statton, and Council
members Don Burnett, Michael Chang, and Sandra James. Council members absent: None.
Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative
Services Director Carol At'wood, Community Development Director Bob Cowan, Parks and
Recreation Director Steve Dowl'mg, Public Works Director Bert Viskovich, and City Clerk
Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMbIIJNICATIONS - None
CONSENT CALENDAR
James moved to approve the items on the consent calendar as presented. Statton seconded and
the motion carried 5-0.
1. Minutes: October 4, 1999, regular meeting.
· 2. Accounts payable: (a) October 1, 1999, Resolution No. 99-284
(b) October 8, 1999, Resolution No. 99-285
3. Payroll: October 1, 1999, Resolution No. 99-286.
4. Declaring weeds to be a nuisance and setting public hearing for December 6,
Resolution No. 99-287.
5. Certifying the San Tomas/Saratoga Creek Trail mitigated negative declaration and
monitoring program, Resolution No. 99-288.
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6. Approving the recormnendation from tho Teleconununications Cormnission for
award/ng a public access grant.
7. Requesting County of Santa Clara to create a task force on the Union Pacific Railroad
Trail, Resolution No. 99-289.
8. Improvement Agreements:
(a) Blossom-Pasadena Ltd. Partnership, 20569 Blossom Ln., APN 359-18-034,
Resolution No. 99-290
Co) Blossom-Pasadena LP, 10155 Pasadena Ave., APN 357-17-047, Resolution
No. 99-291
(c) Lisa L. Wang, 20819 Greenleaf Dr., APN 326-09-005, Resolution No. 99-309
(d) Kelvin & Martha Kant, 10334 Mira Vista Rd., APN 357-02-021, Resolution
No. 99-292
(e) Optimum Investments LLC, 21870 Almaden Ave., APN 357-15-029,
Resolution No. 99-293
(f) Lie K. Tan & Yuet M. Hing, 10472 Johnson Ave., APN 375-26-043,
Resolution No. 99-294
(g) Gregory & Joan Price, 18671 Starrott Court, APN 375-26-023, Resolution No.
99-295
(h) Dhesikan Rajagopalan, 10310 Calvert Dr., APN 375-18-015, Resolution No.
-- 99-296
(i) Behzad Askarinam, 10645 Felton Way, APN 359-18-019, Resolution No. 99-
297
9. Roadway Easements:
(a) Blossom-Pasadena LP, 10155 Pasadena Ave., APN 357-17-047, Resolution
No. 99-298
(b) Optimum Investments LLC, 21870 Almaden Ave., APN 357-15-029,
Resolution No. 99-299
10. Public Utilities Easements:
(a) Kelvin & Martha Karat, 10334 Mira Vista Rd., APN 357-02-021, Resolution
No. 99-300
CO) Dhesikan Rajagopalan, 10310 Calvert Dr., APN 375-18-015, Resolution No.
99-301
11. Quitclaim Deeds:
(a) Blossom-Pasadena LP, 10155 Pasadena Ave., Parcels 1 and 2, APN 357-17-
047 Resolution No. 99-302
Co) Kelvin & Martha Fang, 10334 Mira Vista Rd., APN 357-02-021, Resolution
No. 99-303
.-- (c) Optimum Investments LLC, 21870 Almaden Ave., APN 357-15-029,
Resolution No. 99-304
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12. Declaring an intention to order a vacation of roadway easement, C. I. W. Trust, Diana
Wong, Trustee, 10067 Bianchi Way, APN, 359-07-009, Resolution No. 99-305.
13. Declaring intent to conduct a public hearing concerning a nuisance on parcel 375-27-
025, 18781 Tuggle Avenue, overgrown weeds in the front and side yards, Resolution
No. 99-306.
Vote Councilmembers
Ayes: BurneR, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
14. Public hearing concerning a nuisance on parcel 369-24-048, 862 Bette Avenue, weeds
and accumulation of garbage and refuse in front and side yards, Resolution No. 99-
307.
Mayor Dean opened the public hearing. Council viewed a video summary of the itei~,
and Human Resources Officer Bill Woska reviewed the history of complaints. He said
that several letters had been returned unclaimed, and neighbors indicate that no one has
lived in the house for some time.
There were no speakers from the public, and the public hearing was closed.
Bumett moved to adopt Resolution No. 99-307 and to accept staff's recommendations
to (1) Declare the property to be a public nuisance; (2) Direct the City Attorney to
obtain an inspection warrant; (3) Enter into a contract to remove all weeds and debris
from the property; and (4) Bill all costs related to the investigation and abatement to
the property owner. Chang seconded and the motion carried 5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
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NEW BUSINESS
15. Call for special election on March 7, 2000, Resolution No. 99-308:
- construction o£new library (advisory measure)
- extending utility tax to 2025
Public Works Director Bert Viskovich said that during the Council workshop on
October 15, it was decided not to place the utility tax extension on the ballot.
Administrative Services Director Carol Atwood distributed a chart illustrating fund
balance trends that highlighted the impact on thc city's reserves if they uscd cash,
certificates of participation, or both. Staff recommends that the project be paid for
through a combination of both of these funding sources in order to keep the reserve
balance close to the recommended level of 75% of general operations and debt service.
She noted that the other recent CIP projects included $6 million for the Stocklmeir
property, which will be used for open space and $4.4 million for the Senior Center. $1
million will be used to widen Stevens Canyon Road, $400,000 for modifications to
meet requirements of the Americans with Disabilities Act, and $250,000 for park
renovations.
Mr. Leslie Burnell, 21466 Holly Oak Drive, said he was in favor of library expansion,
and asked if he could see the questions which were asked in the telephone survey about
the library. City Manager Don Brown said he would provide a copy of the survey that
was asked of 400 participants.
Bumett compared some results from the resident satisfaction survey done in Jan,~ry
1998 with some of results from the most recent library survey. The recent survey
indicates that the order of priority was preserving the environment, preserving land for
open space, providing more activities for teens, reducing crime, and then expanding the
library. He said he was in favor of building a new library and of putting the matter on
the ballot, but felt that the budget of $22 million was too high in light of the other CIP
pwjects and the number ofunprogrammed expenditures.
Dean said that the $22 million was a not-to-exceed amount. Council may choose to
construct a new library with a smaller budget, such as $16 million.
Chang agreed with Bumett's concerns but said the library has reached its maximum
capacity and the need is there. The $22 million figure was chosen to be conservative, so
that the final construction cost would not go over that. He suggested showing a range
for the budget of $16 million to $22 million, and specify that the hours of operation
would be increased.
James said this vote is to give advice to Council, and they have not yet made up their
minds about the final project. She suggested changing the phrase to "not-to-exceed $22
million" and that the funding be from a combination of cash reserves and public
financing.
Statton said these were all valid points. Staff has studied the issue, held a number of
meetings and done the survey, and now it is time to hear from the community via the
ballot measure.
Statton moved to adopt Resolution No. 99-308 with the following amendments: Note
in the title that it is an advisot3r measure; change the word "estimated" in thc measure
to "an amount not to exceed"; and change the words in the measure indicating that the
funds will come from "a combination of the city's cash reserves and public financing."
James seconded and the motion carried 5-0.
16. Report on commission and committee t~m,s expiring January 15, 2000; selection of
application deadlines and interview dates.
Statton moved to set the deadline for incumbent applications on December 17, the
extended deadline for non-incumbents on December 22, and to conduct interviews on
Wednesday, January 5, 2000. James seconded and the motion carried 5-0.
17. 1999-2000 Human Services Funding Program~
Public Information Officer Donna Krey reviewed the staff report and the
recommendations of the Human Services Funding Committee.
Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services, thanked
the community for ongoing support. She said they have lost over 60% of their staff
and will have to begin paying benefits to staff in order to retain them. She said that
CCS is the safety net for the community, and 35% of those receiving assistance are
Cupertino residents.
Mr. Floyd Meyer, 10186 Westacres Drive, said that CCS is doing good work at a
notable cost, but there is built-in problem in the system because rents continue to
increase and more people are forced out of homes. There are no intermediate stages
between renting a room and being homeless. Until there is a graduated level of shelter,
the problem will continue.
Mr. Bob Levy said he was representing the League of Women Voters. He said that in
prior years the Housing Corjamlttee reported that it was illegal to rent out a room
unless there were a second exit. The City Attorney said he did not think that was the
Cage.
Mr. John Guiun, 10259 Nile Drive, said he has just completed training with Catholic
Charities to be a Long-Teiiii Care Ombudsman and hoped to be assigned to Cupertino.
He wanted to express his appreciation to Council for their endorsement of that charity.
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Discussion followed regarding a suggestion by Bumett to increase the funding for
Cupertino Community Saw/ocs. Statton su/gcsted that the following issues be
identified: (1) Level of need in the community; (2) Level of funding; and (3)
Appropriate level of public and private partnership.
James moved and Burner seconded to approve the recommendations of the Human
Services funding committee with two amendments: (1) Increase funding for Cupertino
Community Services to $50,000, and (2) Increase funding for Cupertino Senior Day
Services to $12,000. The motion carried 5-0. The funds will be distributed as follows:
Support Network for Battered Women $5,500
Long-Term Care Ombudsman $4,555
Outreach & Escort $10,000
Cupertino Community Services $50,000
Cupertino Senior Day Services $12,000
Second Harvest Food Bank $5,000
Staff was directed to develop alternative appwaches to evaluating the level of need in
the community, the level of funding, and the appropriate level of public and private
participation, and report back to Council.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
James reported that she had met with the new West Side Captain Jeff Miles and Undersheriff
Bob Wilson regarding local issues. She attended the first meeting of the Chamber of
Commerce Women's Business Council, which was very good. She serves business-education
link and affordable housing constraints are a constant topic in the community, acknowledged
the death of Mr. Michael Meyers, a young resident of the community who was killed last
week while on a dive trip which was a fundraiser for an international charity. Cupertino
National Bank has set up an account in his memory. James added that she was appointed to
the Housing Leadership Council of the Silicon Valley Manufacturing Group.
Vice-Mayor Stat{on reported that the League of Women Voters was hosting a meeting about
"Untying the Traffic Knots" at the Santa Clara Library on Thursday, October 21 at 6:30 p.m.
He also said that he was in favor of a request from the granddaughter of A1 Carter, a former
Postmaster, to name a street in Cupertino after her grandfather.
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Burnett said he had met with Capt. Miles and a resident to resolve a problem, and he
was very impressed with Capt. Miles sensitivity in handling the matter. He noted that
he appealed the fencing in the Oak Valley project. The City had spent a lot of time
selecting appropriate fencing and now they are requesting a change from a dark color
to a galvanized fence.
CLOSED SESSION - None
ADJOURNMENT
At 8:45 p.m. the meeting was adjourned.
City Clerk