CC 06-21-99 MINUTES
Cupertino City Council
Regalar Meeting
Monday, June 21, 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: City Manager Don Brown, City Attorney Charles Kilian, Administrative
Services Director Carol Atwood, Community Development Director Bob Cowan, Parks and
Recreation Director Steve Dowling, Public Works Director Bert Viskovich, and City Clerk
Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS
Item No. 16, minor modification request by PLANCOM, Inc. was withdrawn by the applicant.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Mr. Floyd Meyer, 10186 Westacres Drive, said that next year the courts will fme people
$1500 if they do not answer a jury summons. He said he had no objection to that, but fn'st
they should pay the jurors more for their service. He has been in contact with Sheriff Laurie
Smith on this topic. Mr. Meyer also asked about the status of the gate on Kim Drive. Public
Works Director Bert Viskovich said there was no new information.
Mr. Rob Karr, 11157 Linda Vista Drive, complained about the height of speed bumps on
Terrace Avenue and Hyannisport. He said that there are two new speed bumps on Columbus
that are not as high, and he asked if thc older speed bumps could be modified.
Page ~! Cupertino City Council ]une 9_1, 1999
CONSENT CALENDAR
Sames moved to approve the items on the consent calendar as presented. Chang seconded and
the motion carried 5-0.
1. Accounts payable: (a) June 4, 1999, Resolution No. 99-164
(b) June 11, 1999, Resolution No. 99-165
2. Payroll: June 11, 1999, Resolution No. 99-166
3. Minutes:
(a) Regular adjourned meeting of May 24, 1999
(b) Regular meeting of June 7, 1999
(c) Regular adjourned meeting of June 10, 1999
4. Approving reorganization of territory designated "Garden Gate Drive 99-02,"
approximately 0.24 acre located on the north side of Garden Gate Drive between
Beardon Drive and the city limits; Yang (326-33-017), Resolution No. 99-167.
5. Setti~.g date for consideration of reorganization of area designated "Imperial Avenue
-- 99-07," property located on the east side of Imperial Avenue between Olive Avenue
and Alcazar Avenue; approximately 0.457 acre, Yeh (APN 357-19-049), Resolution
No. 99-168.
6. Review of applications for Alcoholic Beverage Control licenses: (a) South Seas Hide-A-Way, 10031 Judy Avenue
(b) Ikenohana Japanese Restaurant, 20625 Alves Drive
(c) Alotta's Deli, 10235 De Anza Boulevard
7. Vacation: Declaring intention to order vacation of a portion of a public utility
easement, 22362 Regnart Road, Resolution No. 99-169.
8. Quitclaim deeds:
(a) Evan Lau, 21837 Oakview Lane, APN 357-19-099, Resolution No. 99-170
(b) Philippe Der and Anne Der, Balboa Road at Stevens Canyon Road, APN 3z[2-
18-036, Resolution No. 99-171
(c) Wei Jao Chyu and $ien Meei Chyu, 10423 Byme Ave., APN 357-12-034,
Resolution No. 99-172
(d) Steve A. Fondario and Julie Fondario, 10315 Orange Ave., APN 357-15-059,
Resolution No. 99-173
~une ~1, 1000 (~upertlno elty Council Page 3
9. Irrevocable offer of dedication for roadway purposes: Philippe Dor and ~m¢ Dor,
Balboa Road at Stevens Canyon Road, APN 342-18-035, Resolution No. 99-174.
10. Agreements:
(a) R0dger W001ey and R0namae W001ey, 11593 Upland Way, APN 366-03-009,
Resolution No. 99-175
(b) Wei Sao Chyu and $ien Meei Chyu, 10423 Byme Ave., APN 357-12-034,
Resolution No. 99-176
(e) Steve A. Fondario and Sulie Fondario, 10315 Orange Ave., APN 357-15-059,
Resolution No. 99-177
(d) Deblin I LP, a California Limited Parmership, 10840 Bubb Road, APN 362-02-
027, Resolution No. 99-178
11. Grant of easements:
(a) Steve A. Fondario and Julie Fondario, 10315 Orange Ave., APN 357-15-059,
Resolution No. 99-I 79
(b) Philippe Dor and Anne Dor, Balboa road at Stevens Canyon Road, APN 342-
18-036, Resolution No. 181
12. Authorizing submittal of applications for projects from Transportation Fund for Clean
Air, Resolution No. 99-182.
13. City council election of November 2, 1999:
(a) Calling a general municipal election to be held on November 2, 1999, to fill
two seats on the Cupertino City Council, Resolution No. 99-183
(b) Requesting the Registrar of Voters to conduct the November 2, 1999, election,
canvass the votes, and consolidate this election with other November elections,
Resolution No. 99-184
(c) Determining charges and regulations for candidates' statements of
qualifications and other mailings, Resolution No. 99-185
Vote Councilmembers
Ayes: BurneR, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
Page ,~ Cupertino City Council June Ill, 1999
PUBLIC HEARINGS
15. Public hearing to consider adopting the 1997 Edition of the California Unifossa
Building, Plumbing, Mechanical, Housing and Fire Codes and the 1996 Edition of the
California Electrical Code:
(a) Second reading and enactment of Ordinance No. 1823: "An Ordinance of the
City Council of the City of Cupertino Adding a Chapter to the Cupertino
Municipal Code to Adopt Chapter 5 of the 1997 Uniform Code for Building
Conservation."
(b) Second reading and enactment of Ordinance No. 1824: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 16.04 of the
Cupertino Municipal Code Adopting the 1997 Edition of the Unifo~-lil Building
Code."
(c) Second reading and enactment of Ordinance No. 1825: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 16.16 of the
Cupertino Municipal Code Adopting the 1996 Edition of the California
Electrical Code."
(d) Second reading and enactment of Ordinance No. 1826: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 16.20 of the
Cupertino Municipal Code Adopting the 1997 Edition of the Unifouu
- Plumbing Code."
(e) Second reading and enactment of Ordinance No. 1827: "An ordinance of the
City Council of the City of Cupertino Amending Chapter 16.24 of the
Cupertino Municipal Code Adopting the 1997 Edition of the Uniform
Mechanical Code."
(0 Second reading and enactment of ordinance No. 1828: "An Ordinance of the
City Council of the City of Cupertino Repealing and Re-Enacting Chapter
16.40 of the Cupertino Municipal Code Adopting the 1998 Edition of the
California Fire Code and the 1997 Edition of the Unifolat Fire Code."
(g) Second reading and enachllent of Ordinance No. 1829: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 16.56 of the
Cupertino Municipal Code Adopting the 1997 Edition of the Uniform Housing
Code."
Mayor Dean opened the public hearing. There were no speakers and the hearing was
closed.
The City Clerk read the title of Ordinance Nos. 1823-1829. Burner moved and James
seconded to read the ordinances by title only, and that the City Clerk's reading would
constitute the second reading thereof. Motion carried 5-0.
Burnett moved and James seconded to enact Ordinance Nos. 1823-1829. Motion
carried 5-0.
June 2 l, 1999 Cupertino City Council Page
16. PLANCOM, Inc.: Appeal of Community Development Director's decision to approve
a minor modification of Application 1 l-U-90 to allow a single, 10-foot tall, 3-panel,
cross panel PCS aerial on the rooftop of Building #2 and related equipment in the
basement of the Apple computer R&D Campus, 1 Infinite Loop (Community
Development Cowan, appellant).
This item was tabled since the applicant has withdrawn the application.
17. Amendments to newsrack ordinance, City of Cupertino, Citywide: Amendments to
Chapter 10.21 (newsrack ordinance) 'of the Cupertino Municipal Code to require
standard newsracks. This item is categorically exempt and is recommended for
approval.
(a) First reading 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."
Community Development Director Bob Cowan highlighted the key points of the
ordinance. He explained that the city's existing ordinance addresses public safety,
proximity of newspaper racks to the sidewalk, and control of sexually explicit material.
The proposed ordinance would be extended to include aesthetics as well. He referred to
- a letter of May 14 from the San Jose Mercury News regarding first amendment rights
impacted by a third party contractor which provides modular racks. Council watched a
video roll-in that discussed the proposed new requirements and illustrated the
recommended modular designs.
Mr. Norm Aaro, representing the San Francisco Chronicle and the San Francisco
Examiner, said that he had worked with planning staff to create the agreement between
the newspapers and the city. He was also involved with the creation of similar
ordinances in the towns of Los Gatos and Saratoga. He said the recommended color of
dark green is preferred, because it is easier to maintain, and that the newspaper
organizations are happy that the city will bear the cost of any enhanced racks. He
suggested an amendment to allow up to three freestanding racks before triggering the
installation of a pedestal rack. Mr. Aaro said the letter of May 14 pointed out their
objections to City Solutions, which is involved with outside advertising. Cupertino's
ordinance says that the advertising must relate to the publication located in the rack so
that will solve the problem, and he suggested that the sentence referring to City
Solutions be removed.
Mr. Mike Higgins, circulation manager for Jobs and Careers, suggested that the
ordinance allow as many racks as possible within a 150 radius. He also agreed with
the suggestion to allow three freestanding racks before triggering a pedestal unit. Mr.
_ Higgins felt that 25 percent advertising area for the publication was too small.
Page 6 Cupertino City Council June 21, 1999
Mayor Dean opened the public hearing. There were no speakers and the hearing was
closed.
Bumett moved to accept the newsrack ordinance and accompanying design
specifications as modified by the council. James seconded and the motion carried
' unanimously. The changes were as follows:
· Section 10.21.050, first paragraph, third sentence shall read as follows: "An Ad
Hoc Newsrack Committee may also be established by the City consisting of
representatives of publishers and/or distributors whose publications are distributed
within the community, members of the general public and City staff.
· Section 10.21.060, second paragraph, shall read as follows: "Membership of the
Ad Hoc Newsrack Committee shall be until successor members are appointed by
the City Manager and Mayor. The Committee shall be advisory to thc City
Manager on an as-needed basis for the purpose of resolving disputes regarding
location of newsracks, advising the City as to any suggested changes to Design
Standards and resolving disputes regarding allocation space for newspapers and
periodicals."
· Exhibit B, first page, third paragraph, delete the second sentence which reads,
"Modular units distributed by City Solutions are also acceptable."
· Exhibit B, second page, item (4), shall read, "There shall be a minimum of five (5)
feet from any fire hydrant, fire or police call box or other emergency facility and
any newsrack;"
· Exhibit B, second page, item (5), shall read, "Newsracks shall be located five (5)
feet from curb return or driveway flare;"
· Exhibit B, second page, item (8), second sentence, shall read, "Within a one
hundred and fifty (150) foot area, there may be a maximum of two (2) ten-box
modular units set five (5) feet apart."
The City Clerk read the title of Ordinance No. 1830. 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.
18. Operating budget for the 1999-00 fiscal year: Public hearing to adopt the 1999-00
fiscal year operating budget, establish appropriation limit, and approve the granting of
a Negative Declaration.
(a) Adopt an operating and construction budget for fiscal year 1999-00 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, Resolution No. 99-180
(b) Establish an appropriation limit for fiscal year 1999-00, Resolution No. 99-186
- Administrative Services Director Carol Atwood reviewed the staff report. Mayor Dean
opened the public hearing. There were no speakers and the hearing was closed.
June 21, 1999 Cupertino City Council page*
James moved to grant a Negative Declaration. Station seconded and the motion
carried 5-0. Jaraes moved to adopt Resolution Nos. 99-185 and 99-186. Chang
seconded and the motion carried 5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
19. Review of proposed indemnification agreement requirement to be heard by the Local
Agency Formation Commission (LAFCO) on August 11, 1999.
City Attorney Chuck Kilian reviewed his letter to council dated June 10.
Statton moved to direct the City Attorney to prepare a formal opposition letter, to be
signed by the Mayor, which would be directed to LAFCO prior to the meeting of
August 11. Chang seconded and the motion carried 5-0.
20. Review of bids and award of contract for De Anza Boulevard and Stevens Creek
Boulevard Arterial Management Project, Project No. 9524.
- Public Works Director Bert Viskovich said thc staff recommendation was to reject the
bids because thc bids received substantially exceeded the engineer's estimate.
James moved to reject all bids and authorize staff to re-advertise thc project as labor
only. Chang seconded and the motion carried 5-0.
21. Consider cancellation of the August 2, 1999, City Council regular meeting.
Council concurred to cancel the first meeting in August.
ORDINANCES - None
STAFF REPORTS
City Manager Don Bwwn reviewed the recommendations of the Legislative Review
Committee (LRC). Burnett moved to accept the recommendations of the LRC, as follows.
Statton seconded and the motion carried 5-0.
Support AB 1661 (Torlakson), and AB 1662 (Leonard), budget trailer bills pwviding for one-
time local government relief and booking fee relief; support AB 385 (Knox), disclosure,
sharing tax infomiation, local agencies; and direct staff to send a letter to the County Board of
· - Supervisors in support of extension of the Vasona Light Rail Line fi~om downtown San Jose to
the Winchester Station in Campbell.
Page Gtpertlno 121fy 12ounell June 21, 1999
COUNCIL REPORTS
Councilmember Bumett discussed an oak tree that had fallen in the Rancho San Antonio
County Park where a water tank was being installed. The Public Works Director reported that
apparently the tree fell down on its own, because there appears to be no extcrnal damage or
tracks from the construction vehicles. Burner said that he would be going to Sacramento to
support the Alquist bill regarding animal shclters. He explained that the ncw law requires
animals to be kept for 72 hours before euthanization. Since there are not enough cages in the
Santa Clara County shelter, this new law results in many more adopt, able animals being
euthanized.
Councilmember James reported that she had attended the Hilton Gardens Chamber
mixer and was very impressed with the new hotel. She discussed a meeting of the Tri-
County Apartment Association that she had attended with Chamber of Commerce
Director Linda Asbury. They are proposing to attract teachers to San Jose by
eliminating the requirement to pay the last month's rent and cleaning deposit at the
time they move in. She also said that the presentations by Leadership Cupertino were
very well done and were quite funny. She congratulated Darryl Stowe and Carol
Atwood on their efforts.
CLOSED SESSION - None
ADJOURNMENT
At 8:05 p.m. the meeting was adjourned. The next regular meeting of the Cupertino City
Council will be held on Tuesday, July 6, at 6:45 p.m. because Monday July 5 is a holiday.
CALL FOR SPECIAL MEETING
OF THE
i CUPERTINO CITY COUNCIL
CUPEI TINO
TO THE MEMBERS OF THE CUPERTINO CITY COUNCIL FROM
THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called to be held on Monday, August 9, commencing at 6:00 p.m.
in the Council Chambers of City Hall, 10300 Torte Avenue, Cupertino.
Said special meeting shall be for the purpose of hearing objections to the
assessment charges associated with the removal of hazardous vegetation.
Dated: July 27, 1999
City Clerk
MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Thursday, June 10, 1999
PLEDGE OF ALLEGIANCE
At 7:00 p.m. the meeting came to order in the Cupertino Senior Center, 21251 Stevens Creek
Boulevard, Cupertino, California
ROLL CALL
City Council members present: Vice-Mayor John Statton, and Council members Don Bumett,
Michael Chang, and Sandra James. Council members absent: Mayor Wally Dean.
Staff present: City Manager Don Brown, City Attomcy Charles Kilian, Administrative
Services Director Carol Atwood, Community Development Director Bob Cowan, Public
Works Director Bert Viskovieh, and City Clerk Kimberly Smith.
NEW BUSINESS
~ 1. Community meeting regarding proposed Library/Civic Center expansion project.
Facilitator Daniel Iacofano gave a Powerpoint slide show highlighting the current
library conditions, circulation statistics, and responses to the community survey.
Audience members (including approximately 60 members of the public) broke into
small groups to fill out and discuss comment cards. Each group gave a brief report to
the group as a whole regarding building size, location, funding, and topics on which
more information was needed.
ADJOURNMENT
At 9:30 p.m. the meeting was adjourned.
City Clerk