CC 07-06-99· -~ MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, July 6, 1999
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Dean 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 Wally Dean, Vice-Mayor John Statton, and Council
members Don Bumett, Michael Chang, and Sandra James. Council members absent: None.
Staff present: Acting City Manager Bert Viskovich, City Attorney Charles Kilian, Administrative
Services Director Carol Atwood, Community Development Director Bob Cowan, Human
Resources Officer Bill Woska, Parks and Recreation Director Steve Dowling, Planner Vera Gil,
and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS: Item # 15, appellants request continuance until July 19. Item #22, staff
requests continuance to July 19.
WRITTEN COMMUNICATIONS - None.
ORAL COMMUNICATIONS - None.
CONSENT CALENDAR
James moved to approve the items on the consent calendar as presented. Bumett seconded and
the motion carried 5-0.
1. Accounts payable:
(a) June 18, 1999, Resolution No. 99-193
(b) June 25, 1999, Resolution No. 99-194
2. Payroll: June 25, 1999, Resolution No. 99-195.
3. Minutes: June 21, 1999, regular meeting.
· -- 4. Monthly Treasurer's and Budget Report - May 1999.
Page ~ / upert no/ ;t-y/ ounc l July 6, 1999
$. Adoption of amendments to terms and conditions of employment:
(a) Memorandum of understanding bctwccn thc City of Cupertino and thc Opcrating
Engineers Union Local No. 3, Resolution No. 99-188
(b) M~r~orandum o£ understanding between the City of Cupertino and the City
Employees' Association, Resolution No. 99-189
(c) Unrepresented compensation program, Resolution No. 99-190
(d) Administrative rules and regulations of the Personnel Code, Resolution No. 99-
191
(e) Fixing the employer's contribution under the Meyers-Geddes State Employees
Medical and Hospital Care Act, Resolution No. 99-192
6. Making det¢~--,inations and approving the reorganization of territory designated
"Almaden Avenue 99-05," approximately 0.2088 acre located on the south side of
Almaden Avenue, between Byrne Avenue and Orange Avenue; MacHale (APN 357-15-
029), Resolution No. 99-196.
7. Setting date for consideration of reorganization of areas designated:
(a) "Greenleaf Drive 99-03," property located on the north side of Greenleaf Drive
between Beardon Drive and Stelling Road; approximately 0.235 acre, Wang (APN
326-09-05), Resolution No. 99-197
(b) "Almaden Avenue 99-04," property located on the north side of Almaden Avenue
between Byrne Avenue and Orange Avenue; approximately 0.228 acre, Lin (APN
357-15-022), Resolution No. 99-198
8. Authorizing execution of renewal of Joint Use Agreement between the City of Cupertino
and the Santa Clara Valley Water District regarding the property located adjacent to
McClellan Ranch Park, Resolution No. 99-199.
9. Authorizing execution of second amendment to agreement 4-1677-A2, California
Department of Transportation, Resolution No. 99-200.
'10. Authorizing execution of tract agreement, Pacific Rim Financial Corporation, a California
Corporation, Tract # 9143, 10525 Miller Avenue, Resolution No. 99-201.
11. Authorizing execution of first amendment to agency agreement for countywide
Household Hazardous Waste Program, Resolution No. 99-203.
12. Conversion of existing Public Works contract with Tally Enterprises to a maintenance
agreement with same terms and conditions:
(a) Authorizing execution of maintenance agreement for sidewalk construction
projects, Resolution No. 99-204
July t;, 1000 Cupertino City Council Page
--- (b) Contract change order No. 3 for Reconstruction of Curbs, Gutters & Sidewalks,
Project 98-107, Resolution No. 99-205
13. Environmental review of Senior Center expansion: demolition of the 6,500 sq. fi. Senior
Center and construction of a 15,920 sq. fi. new Senior Center, application 18-EA-99,
21251 Stevens Creek Boulevard. A Negative Declaration is recommended.
Vote Councilmembers
Ayes: BurneR, Chang, Dean, James, and Station
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
14. Conducting an annual review of the stoim drainage service charge; no increase
recommended,. Resolution No. 99-206.
Public Works Director Bert Viskovich reviewed the staff report, which said that the
current annual fees are $12.00 per prcnfise for single family/townhomes/condos, $144.00
per acre for commercial/industrial/apartments, and $36.00 per acre for
unimproved/recreation. Viskovich said that the only change is that there is an increase in
revenue as a result of the Rancho Rinconada annexation. Staff is recommending no
change in the assessment of fees.
Mayor Dean opened the public hearing. There were no speakers, and the public hearing
was closed. James moved to adopt Resolution No. 99-206. Burnett seconded and the
motion carded 5-0.
15. Consider an appeal of Planning Commission approval of Application 4-ASA-99. The
application requests architectural and site approval to allow the construction of fist and
second story additions to an existing one-story duplex located at 10333 Degas Court. The
appeal was filed by' Erh-Kong and Ding-Wei Chieh (appellants request continuance until
July 19, 1999).
This item was continued to July 19.
· 16. Consider amending Chapter 19.80 of the Cupertino Municipal Code regarding accessory
buildings/structures to change the review for second-story decks from the Planning
Commission to the Residential Design Review Committee. The project is located
citywide.
Page ~. Cupertino City Council July 6, 1000
-- (a) Ordinance No. 1831: "An Ordinance of the City Council of the City of Cupertino
Amending Chapter 19.80 (Accessory Structure)."
Community Development Director Bob Cowan reviewed the staff report and said that this
ordinance would change the venue of the review process regarding decks to make it
match the balance of the review process. Until now decks only had to meet the
regulations for setbacks, but this ordinance will require review and decks will also be
subject to the regulations regarding landscaping for privacy protection
Mayor Dean opened the public hearing. There were no speakers, and the public hearing
was closed.
Statton moved to approve the application per Planning Commission Resolution No.
5052. Chang seconded and the motion carried 5-0.
The City Clerk read the title of ordinance No. 1831. Bumett moved and James 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 - None
UNFINISHED BUSINESS - None
NEW BUSINESS
17. Amending Chapter 2.16 of the Municipal Code adjusting City Council compensation.
(a) Ordinance No. 1832: "An Ordinance of the City Council of the City of Cupertino
Amending Chapter 2.16 of the Cupertino Municipal Code, City Council -
Salaries."
Human Resources Officer Bill Woska reviewed the staff report which said that
Government Code Section 36516 provides that compensation of city council meiiibers
may be adjusted by an amount equal of 5% for each year from the last adjustment. On
several occasions the council has elected not to adjust compensation, and as a result their
present compensation of $535.80 per month is approximately 34% less than that which is
authorized by law. Any change would not go into effect until after the next election.
The City Clerk read the title of ordinance No. 1832. Burner moved and James 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.
]uly g, 1000 Cupertino City Council Page 5
18. Consideration of request fi.om Cupertino-Hsinchu Friendship City Association to conduct
a cultural festival at Memorial Park, September 11 and 12, 1999.
Parks and Recreation Director Steve Dowling reviewed the staff report and said the only
concern was about the timing of the event, which would make it the first of three
consecutive major events in Memorial Park. Three consecutive festivals may dilute the
success of each individual fundraiser, and the necessity to reduce turf irrigation schedules
will damage the landscaping. Some park neighbors may also object to overbooking the
park. Staff recommended approval.
Mr. Fernando Chen, 21145 Loretta Dr., said this festival would showcase cultural
haw~ony in the community and be a fun activity for ail ages. They expect to have over
100 booths and a number of shows per hour. The co-chairs for this event will be Daisy
Chu and Lucille Wu.
Statton moved to approve the request for the use of Memorial Park on September 11 and
12, 1999, for the Moon Festival. James seconded and the motion carried 5-0.
19. Review of bids and award of contracts:
(a) Fuel tank replacement, Project 98-117
_ (b) Cupertino Scene printing
Public Works Director Bert Viskovich reviewed the staff report regarding the fuel tank
replacement. Statton moved to award the bid to Tank Protect Engineering in the amount
of $265,555.00 based on the lowest bid received, and to authorize a 15% contingency
amount. Chang seconded and the motion carried 5-0.
The Public Infoi-~iafion Officer reviewed the report regarding Cupertino Scene printing.
Statton moved to award the contract to the lowest bidder, Casey Printing, in the amount of
$32,626. Chang seconded and the motion carried 5-0.
20. Approving a Joint Powers Agreement (JPA) with the County of Santa Clara for the
Community Development Block Grant (CDBG) Program for Fiscal Years 2000-2002,
Resolution No. 99-207.
Planner Vera Gil reviewed the staff report and explained that the Census Department does
not agree with Cupertino that the population is over 50,000, so the city cannot apply for
entitlement status directly from the Depal'tment of Housing and Urban Development
(HUD). Staff recommends that the city renew the JPA with the County for CDBG funds
for another 3-year cycle. By that time the 2000 Census will be complete and the
population figures will allow the city to apply directly to HUD.
Page 6 Cupertino City Council July 6, 1999
James moved to approve the joint powers agreement with the amendments referenced in
the staff r~port and authorize the City Manager to execute the agreement. Chang
seconded and the motion carried 5-0.
21. Resolution regarding the Cupertino Code of Campaign Ethics and the American
Association of Political Consultants Code of Ethics for the 1999 city council election,
Resolution No. 99-208.
The City Clerk explained that council had adopted a resolution for the 1997 election
directing the clerk to distribute campaign ethics forms prepared by the Cupertino Ethics
Committee. The forms are voluntary, and are designed for both candidates and political
consultants. Completed fo~,,~s are filed with the League of Women Voters, and any
questions regarding the forms, or potential violations, will be directed to that
organization.
Burner moved to adopt resolution No. 99-208 for the distribution of campaign ethics
forms for the 1999 council election, to direct staffto post a blank copy of the ethics forms
on the web site, and to provide council with a copy of the complaint procedures and the
selection process of the committee Chang seconded and the motion carried 5-0.
22. Consider activation of Redevelopment Agency.
This item was continued to July 19, 1999.
ORDINANCES
23. Second reading and enactment of Ordinance No. 1830 amending Chapter 10.21,
newsracks, "An Ordinance of the City Council of the City Of Cupertino Amending Title
10 of the Cupertino Municipal Code Regulating Placement and Design of Newsracks on
Public Rights-Of-Way."
The City Clerk read the title of the ordinance. Bumett 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 5-0.
Burner moved and James seconded to enact ordinance No. 1830. Motion carried 5-0.
STAFF REPORTS
Public Information Officer Donna Krey said that as a result of TCI's upgrade running behind
schedule, that company has agreed to provide coupons worth one month of basic service to
10,000 TCI customers, as well as providing $200,000 worth of funding for digital equipment in
the City Channel and support for public access. Staff is still negotiating with them regarding
bandwidth options.
July 6, 1000 Cupertino Council PaEe ?
Public Works Director Bert Viskovich said that escrow on the StockLmeier property closed on
July 1 and that is now owned by the City of Cupertino. He also noted that the Stevens Creek
overlay project will be starting, and the work will be done from 9 p.m. to 6 a.m. in order to avoid
traffic disruption.
COUNCIL REPORTS
All the council members congratulated staff and the Fourth of July committee on the
celebration and fireworks display.
Vice-Mayor Statton reported that he attended the Historical Society annual barbecue, and
he congratulated president Sharon Blaine on her hard work. Also, outgoing Rotary Club
President Kathy Nellis is turning the gavel over to David Steams. Statton also thanked
Donna Krey and the Telecommunications Commission for their work on the TCI upgrade
project and negotiations.
Councilmember Bumett reported that the Alquist bill, regarding animal shelters, has passed both
houses. The result is that 6,000 adoptable animals will be saved this year, and the local cities
will have more time to arrange for additional kennel space. He also noted that the water district
is working diligently on permits for stream maintenance.
Councilmember James reported that Leadership Cupe~ino is doing well and they are
working now to adopt and refine a teen leadership program. James said Supervisor
Simitian is supporting the affordable housing project proposed for excess land by the fire
station and negotiations are going well She and Don Bumett attended a meeting of the
Silicon Valley Manufacturers regarding housing/jobs balance, and she and Diane Snow
toured an affordable housing pwject designed for seniors. James said that they will be
proposing to the Cupertino Rotary Club that next year's golf tournament pwceeds go
toward furnishings for the new Cupertino Senior Center.
CLOSED SESSION
None.
ADJOURNMENT
At 7:20 p.m., the meeting was adjourned to Thursday, July 8, 12:30 p.m., for a q~_La_rterly city
council/city manager workshop at the Blackberry Farm Retreat Center, 21975 San Fernando
Avenue.
-- Ki~y Clerk