CC 06-07-99 MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, June 7 1999
PLEDGE OF ALLEGIANCE
At 6:47 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, Planner Vera Gil, Public Works Director Bert Viskovich,
and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Presentation by TCI on ~-Iome Service.
Mr. Eddie Garcia, Director of Governmental Affairs for TCI's Silicon Valley re,on,
introduced their new product called ~I-Iome, which is a high-speed Intemet project.
Mr. Pat Smith gave a demonstration of the product, which uses the cable television line
to provide a high-speed connection.
2. Presentation by Zahra Pavlovic, of the 5Cs, to Jeanne Mariani-Belding, Editor of the
San Jose Mercury News Race & Demographics Team. Reporter Ben Stocking accepted
the award on her behalf. The plaque, presented by the 5Cs and the City of Cupertino,
recognizes the Mercury News for responsible journalism and fostering cultural
understanding.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services, invited
everyone to their fundraiscr called Dine for CCS, which is a buffet dinner at the Santa
Barbara Grill on June 23.
Page 2 Cupertino City Council June 7, 1999
CONSENT CALENDAR
James moved to approve the items on the consent calendar as presented. Chang seconded and
the motion carded 5-0.
3. Accounts payable: (a) May 14, 1999, Resolution No. 99-147
(b) May 21, 1999, Resolution No. 99-148
(¢) May 28, 1999, Resolution No. 99-149
4. Payroll:
(a) May 14, 1999, Resolution No. 99-150
(b)' May 28, 1999, Resolution No. 99-151
5. Minutes: May 17, 1999 regular meeting.
6. Monthly Treasurer's and Budget Report: April 1999.
7. Support of the Measure A and B Program and encouragement of the Santa Clara
County Board of Supervisors to adequately fund and move expeditiously to construct
the north Route 85/Highway 101 interchange improvement project,. Resolution No. 99-
- 152.
8. Use fee waiver: request from Garden Gate Elementary School for waiver of use fee for
use of the amphitheater at Memorial Park on June 15, 1999.
9. Selection of Planning Commission representatives to: (a) Residential Design Review Committee (alternate member)
(b) Design Review Subcommittee (two members)
(c) Architectural advisor to the above
10. Setting date for consideration of reorganization of area designated "Almaden Avenue
99-05," property located on the south side of Almaden Avenue between Byme Avenue
and Orange Avenue; approximately 0.2088 acre, MacHale (APN 357-15-029),
Resolution No. 99-153.
11. Acceptance of city projects perfomied under contract: Medians and Roadsides,
Landscape Improvements at Various Locations, Project 98-108 (Robert A. Bothman,
Inc.).
12. Designating Pemdt Parking on Shattuck Drive, Resolution No. 99-154.
13. Authorizing execution of Program Supplement Agreement No. 001-M1 to
Administering Agency-State Agreement No. 04-5318, for Stevens Creek Blvd./De
Anza Blvd. Arterial Management Project, Resolution No. 99-155.
June 7, 1000 Cupertino City Council Page
14. Adoption of a new Disadvantaged Business Enterprises {DBE) Program and
establishment of annual DBE goal, Resolution No. 99-156.
15. Approving contract change order No. 2, Reconstruction of Curbs, Gutters and
Sidewalks, Project No. 98-107, Resolution No. 99-157.
16. Parcel maps:
(a) Deblin 1 LP, a California Limited Partnership, 10840 Bubb Road, APN 362-
02-027, Resolution No. 99-158
(b) Rodger Wooley and Ronamae Wooley, 11593 Upland Way, APN 366-03-009,
Resolution No. 99-159
17. Approval of recommendation from Telecommunications Commission for awarding
two public access grants.
Vote Councilmembers
Ayes: BurneR, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
18. Hazardous Vegetation Management Pmgrem (weed abatement): hear objections to the
proposed removal of hazardous vegetation as public nuisances, Resolution No. 99-160.
The City Clerk reviewed the staff report, and Mayor Dean opened the public hearing.
There were no speakers, and the public hearing was closed.
Chang moved to adopt Resolution No. 99-160. Statton seconded and the motion
carded 5-0.
19. User fees: rescinding Resolution No. 98-138 and establishing user fees, Resolution No.
99-161.
Administrative Services Director Carol Atwood reviewed the staff report, and Mayor
Dean opened the public hearing. There were no speakers, and the public hearing was
dosed.
Statton moved to adopt Resolution No. 99-161. Chang seconded and the motion
carried 5-0.
Page 4 (~upertlno City Council June 7, 1999
'~ 20. Consideration of the 1999-00 preliminary budget.
Administrative Services Director Carol Atwood reviewed the staff report. She
explained that general fund revenues were $26,793,000. Sales tax made up about 36%
of that figure and property tax about 14%. She noted that the City of Cupertino
receives 2.2 cents of each dollar of property tax paid by Cupertino property owners.
The general fund expenditures are $28,459,000. The largest components of the
expenditure budget are law enforcement (17%), capital projects (17%), debt service
(16%) and public works (27%).
There is a $6 million surplus in the general fund, and after paying debt service the city
will have in excess of $2 million. Council has preliminarily decided to spend the
excess surplus funds on CIP park renovations, Stevens Canyon Road widening, the
service center, compliance with the Americans with Disabilities Act (ADA), and six
new staff positions.
She also requested an adjustment to the budget for parks and recreation software,
because the bids came in $25,000 higher than anticipated.
Mayor Dean opened the pubhc hearing and there were no speakers. The public
hearing was continued to June 14, 1999, at which time the budget is scheduled for
- adoption
21. Public hearing to consider adopting the 1997 Edition of the California Uniform
Building, Plumbing, Mechanical, Housing and Fire Codes and the 1996 Edition of the
California Electrical Code.
(a) First reading 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."
Co) First reading of Ordinance No. 1824: "An Ordinance of thc City Council of the
City of Cupertino Amending Chapter 16.04 of the Cupertino Municipal Code
Adopting the 1997 Edition of the Uniform Building Code."
(c) First reading 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) First reading 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 Uniform Plumbing Code."
(e) First reading 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."
(f) First reading 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
June 7, 1000 Cupertino ~ity ~ouncll Page 5
Municipal Code Adopting the 1998 Exlition of the California Vire Code and the
1997 ]~aition of the Uniform Fire
(g) First reading 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 Unifom, Housing Code."
Mayor Dean opened the public hearing. There were no speakers, and the hearing was
closed.
The City Clerk read the title of the ordinances. Burnett 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.
PLANNING APPLICATIONS
22. Review and adoption of Single Family Residential Design Guidelines, 99-163.
Community Development Director Bob Cowan explained that these guidelines would
be used by the Residential Design Review Committee, which will decide on exceptions
to the Single Family Residential (R-I) ordinance and second story additions that
exceed a 35% floor area ratio.
Mr. Leslie Bumell, Holly Oak Drive in Cupertino, said he was concerned that Mr.
David Doyle would be appointed as the chair to the Design Review Committee, and he
was the only person who had voted against the 45% reduction in floor area ratio.
Community Development Director Bob Cowan said that Mr. Doyle would follow the
council's directives, and did not anticipate any problem. Council always has the
option of appealing the decision or replacing Mr. Doyle on the eommittec, but he is a
professional and will follow the policy guidelines.
James moved to aeoept the design guidelines with the following changes: (1) on Page 4
(page 22-7 of staff report), first paragraph, last sentence, change the word
"installation" to "installing"; and (2) on Page 5 (page 22-8 of staff report), first
diagram, delete gable immediately behind small-scale entry.
James moved to accept the design guidelines as presented. Chang seconded and the
motion carried 5-0.
UNFINISHED BUSINESS
23. Amendments to the Housing Mitigation Manual - amendments related to extending the
term of affordability/~om 30 to 99 years, inclusion of public service employees as a
high preference in the buyer selection process, City of Cupertino, Citywide. This item
is Categorically Exempt and is recommended for approval, Resolution No. 99-162.
Page 6 Cupertino City Council June 7, 1999
Planner Vera Gil reviewed the staff report and said this would include extending the
term of affordability from 30 to 99 years, and add public service employees as a high
preference in the applicant selection process.
Ms. Mary Ellen Chell, Executive Director of Cupertino Community Services (CCS),
asked that council reconsider the recommendations to include all employees of the
school districts, including secretaries and clerks, instead of just the teachers as
originally proposed. Also, she did not feel it was appropriate that County Fire and
Sheriff employees can still remain on the BMR list for housing even if they are no
longer assigned to Cupertino.
James moved to adopt Resolution No. 99-162 amending the Housing Mitigation
Manual with the following changes: (1) Amend 23-15 of the staff report, paragraph
2.04.06, to read, "Public Service employees are defined as teachers from the Cupertino
Union School District, Fremont Union High School District and DeAnza College and.
employees of the City of Cupertino and Cupertino Library. Santa Clara County Fire
Department and Santa Clara County Sheriff Department employees must work within
the city limits to be eligible for housing assistance. Reassignment to another
city/county area is cause for removal from the eligibility list. However, if the Fire or
Sheriff employee has received housing assistance and is reassigned, the employee will
not need to relinquish the housing unit." Bumett seconded and the motion carried 5-0.
NEW BUSINESS
24. Traffic barriers: request to hold public hearing to remove traffic barriers at Rodrigues
and Torte Avenue.
Public Works Director Bert Viskovich reviewed the staff report.
Burnett moved to direct staff to investigate the elimination of the turning restriction at
Torre Avenue and Rodrigues Avenue, including (1) A review by the Economic Review
Commission (ERC), (2) Notification of all residents within 300 feet and residents
along Rodrigues Avenue and Blaney Avenue between Rodrigues Avenue and
Bollinger Road, and (3) Setting a public hearing for September 7, 1999. Chang
seconded and the motion carried 5-0.
25. Street maintenance slurry seal: review bid and award contract for, Project 99-102.
James moved to utilize the alternate bid and award the project to the lowest bidder,
Valley Slurry Seal, in the amount of $373,964.41, and to authorize a 10% contingency
for a total project of $411,360.85. Statton seconded and the motion carried 5-0.
26. Street overlay projects: review of bids and award of contracts for: (a) Stevens Creek Blvd. Overlay, Project 99-101
(b) Annual Overlay, Project 99-108
June 7, 1999 Cupert/no City Council Page 7
Burner moved to (1) Award both projects to the lowest bidder, Granite Construction, in
the amount of $1,134,534.20 for tho Stevens Creek Overlay Project, and $675,473.45
for the Annual Overlay Project, for a total of $1,810,007.65; (2) Authorize a 10%
contingency for a total project cost of $1,991,008.41, and (3) Waive the irregularity of
not submitting both alpha and numeric values as a part of the bid package. Statton
seconded and the motion carried 5=0.
ORDINANCES - None
STAFF REPORTS - None
City Manager Don Brown reviewed the recommendations of the Legislative Review
Committee. Sames moved and Bumett seconded to adopt the committee recommendations, as
follows:
· Directed that a letter be sent to Sen. Byron Sher regarding AB 1482 (Alquist), animal
shelters, time extension.
· Opposed AB 1410 (Margett), public government contracts, rejection of bids.
COUNCIL REPORTS
Statton reported that the Santa Clara Library ~PA Board met last week to discuss regulation of
Intemet access. Their decision to put filters on the children's computers and to make filters
optional on the adults' computers has worked out well. He offered his thanks to the Library
Commission for their assistance on that matter.
Bumett said that the Library Expansion Committee had met and that the architect was urging
them to move as quickly as possible to get contributions toward new furniture. He also noted
that the Fourth of July committee had met and it looks like there will be another great
celebration this year.
Chang said that he attended the meeting of the Joint Venture Silicon Valley Public Sector
Roundtable and that they were urged to be stronger advocates for cities. Chang noted that the
Leadership Cupertino graduates would be making a presentation before a mock council this
week. Chang said that the City Manager, Councilmember Bumett, and himself had met with
the Library Expansion Committee. Also, the Public Dialogue Consortium had scheduled a
half-day retreat for 40 people. The purpose was to define the group better. They also
identified a number of nice projects to build community and welcome new residence.
James reported that thc library committee has selected materials for the interior surfaces and
are currently working on selecting lighting. They are being careful to keep costs within the
budget. She said that she had been a guest speaker at Phar Lap neighborhood meeting
regarding city issues. She also commended the Operation Outreach Program (to keep teens
_ substance free) which presented their program at all local high schools.
Page ~ Cupertino City Council lune 7, 1999
CLOSED SESSION
At 7:16 p.m. council recessed to a closed session in Conference Room A regarding labor
negotiations pursuant to Government Code Section 54957.6. At 8:12 p.m. council reconvened
in the Council Chambers. The City Attorney announced that discussion was held regarding
various items with the negotiator, and no action was taken.
ADJOURNMENT
At 8:12 p.m. the meeting was adjourned to 7:00 p.m. on June 10 for a community meeting
regarding the Library/Civic Center expansion. The meeting will be held at the Cupertino
Senior Center, 21251 Stevens Creek Boulevard.
Kimberly/~rhith
City Clerk