CC 05-17-99 MINUTES
CU'P~RTINO CITY' CO~NClL
Regular M~g
Monday) May 17)
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 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 - None
WRITTEN COMMUNICATIONS
1. Floyd F. Meyer regarding school and community safety.
Mr. Floyd Meyer discussed the shootings at Columbine High School in Colorado. He
said that no one can really train or prepare for that type of situation, and he discussed
how a militia could help to abate fear.
ORAL COMMUNICATIONS
Mr. Meyer reported that the traffic gate on Klm Drive was not working and some drivers had
been ticketed. He suggested that a sign be posted until the gate is repaired, or that the gate be
manually operated, so that people will not get tickets. Mr. Meyer also said that jurors were not
receiving enough compensation.
Ms. Ann Ng, representing the Cupertino Bicycle-Pedestrian Advisory Committee, spoke about
Bike to Work week and the events which were taking place to encourage people to cycle
instead of driving.
Page 2 Cupertino City Council May 17, 1999
-- CONSENT CALENDAR
Chang moved to approve the items on the consent calendar, including the amendment to item
No. 15. James seconded and the motion carried 5-0.
2. Accounts payable: (a) April 30, 1999, Resolution No. 99-130
(b) May 7, 1999, Resolution No. 99-131
3. Payroll: April 30, 1999, Resolution No. 99-132
4. Minutes:
(a) special meeting of April 26, 1999
(b) regular adjourned meeting of April 30, 1999
(c) regular meeting of May 3, 1999
5. CALFED Bay-Delta Program: authorize letter of support for the CALFED project to
protect and restore the environment of the Bay-Delta region through a water supply
management and environmental restoration program.
6. Acceptance of municipal improvements: Miu Jue, 10535 Cordova Road, APN 342-44-
-- 012.
7. Improvement agreement: Jimmy T. Fung, 21451 Vai Avenue, APN 362-05-019,
Resolution No. 99-133.
8. Bicycle pedestrian coordinator: approving support for a Bicycle Pedestrian Coordinator
for Caltrans District 4, Resolution No. 99-134.
9. Transportation plan: certifying list of projects for Santa Clara Valley Transportation
2020 Plan, Resolution No. 99-135.
10. Grants of easements for roadway purposes:
(a) Hewlett-Packard Company, 11000 N. Wolfe Rd., APN 316-07-043 (four
parts), Resolution Nos. 99-136, 99-137, 99-138, and 99-139
(b) Hewlett-Packard Company, 19055 Pruneridge, APN.316-07-034, Resolution
No. 99-140
(c) Lorraine W. Contro, et al, 22449 Stevens Creek Blvd., APN 326-50-014,
Resolution No. 99-145
(d) Glenn A. Preston, 22467 Stevens Creek Blvd., APN 326-50-015, Resolution
No. 99-146
11. Approving reorganization of territoDr designated "Pasadena Avenue 99-01,"
approximately 0.298 acre located on the west side of Pasadena Avenue between
May 17, 1999 Cupertino City Council Page 3
._. Granada Avenue and Lomita Avenue; De Amicis and Adamo (APN 357-17-047).
Resolution No. 99-141.
12. Setting date for consideration of reorganization of area designated "Garden Gate Drive
99-02," property located on the north side of Garden Gate Drive between Beardon
Drive and the city limits; approximately 0.24 acre, Yang (APN 326-33-017),
Resolution No. 99-142.
13. Public access grant: approval of recommendation from Telecommunications
Commission for public access grant.
14. Four Seasons Corner: authorizing a one-year defem~ent of the parking and circulation
driveway improvements required by an agreement between Symantec, the Cupertino
City Center, and the City, located on the eastenl edge of Stevens Creek and De Anza
Boulevards, Resolution No. 99-143.
15. Residential Design Review Committee: selection of Planning Commission
representative and alternate for this committee.
The Community Development Director explained that Commissioner Andrea Harris
had been recommended as an alternate for this committee, but declined the
appointment at this time. The Planning Commission will recommend another alternate
member at the next meeting.
16. Gas tax fund: approving appropriation for gas tax fund for South Stelling Road bike
lanes and De Anza Boulevard bike lanes, Resolution No. 99-144.
17. Pavement restoration contract: awarding of contract to O'C-rady Paving, Inc. for
pavement restoration, Project No. 99-103.
The Public Works Director said that at the last meeting this contract was awarded to
Coastal Paving, but that firm has since decided not to sign the contract. The contract
will be awarded to the second lowest bidder, and the city will retain the bid bond from
Coastal Paving.
Vote Councilmembers
Ayes: Bumett, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS - None
PLANNING APPLICATIONS - None
Page 4 Cuvertlno City Council May 17, 1
UNFINISHED BUSINESS - None
NEW BUSINESS
18. Report on annual TCI Cablevision rate increase, as authorized by FCC.
Public Information Officer Donna Krey reviewed the staff report. She explained that
the FCC allows all cable companies to raise rates each year, and the city is authorized
to regulate only the basic cable rate, as it applies to FCC guidelines. TCI has requested
a rate hike effective June 1, and a representative from the Cupertino
Telecommunications Commission is working with staff to ensure that the new rates are
within the benchmarks allowed by the FCC. She said the new basic rate would be an
increase of a little less than 2 percent. There is also a rate increase for expanded basic
scrvicc.
Statton moved to authorize staff to (1) continue reviewing the FCC forms from TCI,
with the understanding that the new rate will be implemented June 1, 1999, and (2) seek
refunds should discrepancies exist in the FCC fmms filed by TCI. Chang seconded and
the motion carried 5-0.
Dean announced that TCI will be prcsenting a dcmonstration of their ~Home system to
the council on June 7.
ORDINANCES
19. Second reading of Ordinances:
(a) No. 1819: "An Ordinance of the City Council of the City of Cupertino
Prezoning an Existing Singlc-Family Rcsidcntiai Lot Located at 20697 Garden
Gatc Drive to Pre R1-10 (Single-Family Residential) Zoning District."
(b) No. 1820: "An Ordinance of the City Council of the City of Cupertino
Prezoning an Existing Single-Family Residential Lot Located at 20819 Green
Leaf Drive to Pre R1-10 (Single-Family Residential) Zoning District."
(c) No. 1821: "An Ordinance of the City Council of the City of Cupertino
Prezoning an Existing Single-Family Residential Lot Located at 10627 North
Stelling Road to Pre RI-10 (Single-Family Residential) Zoning District."
(d) No. 1822: "An Ordinance of the City of Cupertino Amending Title 2, 3, 5, 10,
16, 19 of the Cupertino Municipal Code for the Purpose of Conforming the
Provisions of the code to the Requirements of State and Federal Law,
Conforming the Provisions of the Code to be Consistent with Present City
Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old
Provisions with New Language, and Consolidating and Streamlining Various
Provisions."
May 17, 1999 CuperIino City Council Page
_ The City Clerk read the title of the ordinances. James moved and Chang seconded to
read tho ordinances by title only, and that the City Clerk's reading would constitute the
second reading thereof. Motion carried 5-0.
James moved and Chang seconded to enact Ordinance Nos. 1819-1822. Motion carded
5-0.
STAFF REPORTS - None
COUNCIL REPORTS
The City Manager reviewed the recommendations of the Legislative Review Committee.
James moved and Burnett seconded to adopt the commission's recommendations as follows:
Support SB 165 (Rainey), property tax return; Oppose SB 948 (Alarcon), anti-nimby law,
Housing Element litigation, density bonus law, Ellis Act; Support AB 1555 (Longville)
annexation, unincorporated islands; Support SB 986 (Kamette), adult recovery maintenance
facilities, licensing; and oppose AB 641 (Lempert), water quality, toxic hot spots, orphan
share funding. Council also authorized the Mayor to sign a leRer to our legislators
encouraging consideration of cities in the Governor's budget.
Chang reported that he had participated in a panel discussion at a meeting of the Public Allies,
which helps to develop youth leadership. He also attended the annual CEEF Gala, which was
'- important fund-raising event for the Cupertino Education Endowraent Fund. Chang said that
he received many kind comments abound the success of the CREST awards, and that people
felt the event was both inspirational and educational.
James said she attended the peace officers Memorial, went with the mayor to the League of
Women Voters state reception, and participated in the Rotary golf tournament in which raised
money to organize and house the library at Baton School.
Bumett briefly discussed the acoustic problems of Highway 85 and said that Measures A and
B did not include funding to address the problem as the citizens had been promised. However,
Carl Guardino is strongly advocating that it be done anyway, and the Valley transportation
authority board and the Board of Supervisors were meeting this week to discuss the issue.
One option is to re-pave six miles at tho cost of $3 million, and another option is to treat the
walls with sound-absorbing materials at the cost of $6 million. Sound reductions could be
substantial, as high as 2 dB to 10 dB. Bumett also congratulated Parks and Recreation on
their efforts on the recent block party in his neighborhood. The recreation leaders kept 20
children entertained and provided information about the Parks and Recreation programs.
Statton said the CREST awards were very well done and congratulated staff for their efforts.
He discussed the suggestion by the county supervisors to charge for parking at Rancho San
Antonio County Park. The Parks and Recreation Director said that he would review that
· - proposal and report back to city council at the next meeting. Statton also said that he would
contact the Board of Supervisors this week before their meeting on the item.
Page 6 Cupertino City Council May 17, 1999
_ Dean said there is a major concern about the intersection of Highway 85 at U.S. 101, and the
proposed changes for that area. Ho said that 12 to 14 mayors and start from the West Valloy
cities would be meeting to discuss those proposed changes.
CLOSED SESSION
At 7:28 p.m. council went into a closed session regarding labor negotiations, pursuant to
Government Code Section 54957.6. At 8:10 p.m. council reconvened in open session. The
City Attorney announced that council gave direction to their authorized representative for the
purposes of negotiation.
ADJOURNMENT
At 8:12 p.m. the meeting was adjourned to 6:00 p.m., Monday, May 24, 1999, City Hall
conference room C/D, for a budget study session.
City Clerk