CC 04-17-00 APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, April 17, 2000
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Tone
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Statton and Council members Don Burnett and
Michacl Chang. Council members absent: Vice-Mayor Sandra James and Council member
Richard Lowenthal.
Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services
Director Carol Atwood, Parks and Recreation Director Steve Dowling, Public Information
Officer Donna Krey, Traffic Engineer Raymond Chong, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Proclamation in support of the Pacific Autism Center for Education (PACE) and
declaring May as Autism/Developmental Disability Awareness Month.
This item was continued to May 1, 2000.
2. Report from city committee or commission: Public Safety Commission.
Mr. Andrew Zander, Chairperson of the Public Safety Commission, reviewed their goals
for this year. The goals include I. Evaluation of impact on traffic and pedestrian safety of
the new Home Depot store. 2. Review of city emergency plan. 3.Possible participation in
the art and wine festival. 4. Review of traffic sign obstruction throughout the city.
5. Overall review of status of pedestrian safety within the city (unfriendly crosswalks).
6. Review of effectiveness of recent efforts to increase enforcement of red light
violations. 7. Review of the content, presentation and format of the monthly police
activity statistics report to develop a more meaningful set of data. 8. Development of
residential burglary impact and prevention program. 9. Regularly address traffic issues
around schools. 10. Regularly address efforts to increase Neighborhood Watch
throughout the city. 11. Participate in the monthly traffic safety committee and the
monthly mayor's breakfast reviews.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
Apr/! 17, 2000 Cupertino City Council Pa§e 2
ORAL COlVl]HUNICATIONS - None
CONSENT CALENDAR
Burnctt moved to approve the items on the consent calendar as presented. Chang seconded and
the motion carried 3-0 with James and Lowenthal absent.
· 3. Minutes: April. 3 regular meeting and April 10 regular adjourned meeting.
4. Accounts payable: March 31 and April 7, Resolutions 00-106 and 00-107.
5. Payroll: March 31, Resolution 00-108.
6. Treasurer's Budget Report, Febr~_ary 2000.
7. Setting date for consideration of reorganization of area designated "North Stelling Road
00-01." Property located on the east side of North Stelling Road between (5arden Gate
Drive and Greenleaf Drive, approximately 0.22 Acre, GB Estate Homes LLC (APN 326-
30-089), Resolution 00-109.
8. Request fi'om Fremont High School Alumni Association to have fees reduced from
$6.50/person to $2.50/person for facility use at Blackberry Farm.
9. Granting sanitary sewer easement to Tom McNair APN 357-04-067, portion ofpareel 2,
McClellan Road and Mira Vista drive, Resolution 00~ 110.
10. Rescinding resolutions - accepting grants of easements:
(a) rescinding Resolution 98-178 and accepting grant of easement for roadway
purposes fi'om Tony Amir Jarrami and Juliet Cezar, 10010 Carmen Road, APN
326-50-003, Resolution 00-111
(b) rescinding Resolution 9915 and accepting grant of easement for roadway purposes
from Shui Lain Lo, APN 357-16-096, 10101 Grange Avenue, Resolution 00-112
11. Quitclaim deed:
(a) Maxine Erlund and Mike E. Phillips, 10191 Lebanon Dr., APN 342-14-010,
Resolution 00-113
Co) Kamran Sa~madi and Maryanm Mosallie, 22751 Mercedes Road, APN 342-44-
010, Resolution 00-114
12. Authorizing execution of agreement between with DKS Associates and the City of
Cupertino for Stevens Creek Boulevard-Wolfe Road Arterial Management Project,
Resolution 00-115.
April 17, 2000 Cupertino City Council Page
13. Improvement agreements:
(a) Mehran Amerian and $ila M. Amerian, 10631 Tuggle Place, APN 375-34-066,
Resolution 00-116
Co) Maxine Erlund and Mike E. Phillips, 10191 Lebanon Dr., APN 342-14-010,
Resolution 00-117
(c) Kamran Sarmadi. and Maryanm Mosallie, 22751 Mercedes Road, APN 342-44-
010, Resolution 00-118
14. Grant of easement for roadway purposes with Kamran Sanuadi and Maryanm Mosallie,
22751 Mercedes Road, APN 342-44-010, Resolution 00-119.
Vote Council members
Ayes: Burnett, Chang, and Statton
Noes: None.
Absent: James and Lowenthal
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
Community input on Library site alternatives.
City Manager Donald Brown explained that the Council would be receiving input from
the public over the next three meetings. That information would be forwarded to the
Library Steering Committee, which would return to Council with a recommendation. A
brief video was shown which illustrated the two areas under consideration for the new
library. Site A is on the south side of the existing library, commonly known as the library
field or soccer field. Site B is between the existing library and city hall, commonly
known as the city hall plaza.
Council was given a letter dated April 16, 2000, from Mrs. Barbara Rogers, with some
suggestions for facilitating public input on the library, as well as doing a preliminary site
survey of the Sports Center area as a possible alternate site.
Anna Polman-Black, 21118 Gardena Drive, said she would appreciate very much if they
would not build the new library on site B, because it would ruin the aesthetics of the area.
She said this is a beautiful area where parents and children walk together, and urged that
they put the library on site A.
Alice Stuart, 10441 Farallone Drive, thought site B would be a perfect place for a new
library. She said site A has been used as a soccer field, and there are not enough places
for kids to play. She said that the closing mechanism on Pacifica had not been working
for the last two weeks. She said the city needed more parks.
Apr//17, 2000 Cupertino City Council Page 4
Gerry Mulvey, 20703 Clifden Way, said the new library should be expandable for long-
term needs, and only Site A is large enough to meet the criteria. He cited library use
statistics showing the increase in numbers of books and circulation and discussed the
1998 consultant's report which recommended a 69,000 sq. ft. library, estimated to last 15-
20 years. Council has reduced the size to 63,000 sq. ft., and that plaza site could not
easily accommodate even the smaller facility, let alone offer room for expansion. None of
the options provides a community room or work and storage space for the Friends of the
Library. If the city builds on the Site A it can do what it wishes with the current library
building as it will be easy to add on to the newer one to accommodate the community
room and the Friends. Mr. Mulvey noted that the city already has 22 soccer fields, and he
asked council not to sacrifice a facility as important as our public library in favor of
another field.
George Morgan, 348 Penn Way, Cupertino Ultimate League (frisbee), said he strongly
supported Site B as the proposed site for the library. He said that land is the unretumable
resource and that once paved over and built upon can almost never be returned to a usable
source as open space. He said the Ultimate League plays there Tuesdays and Thursdays at
noon. It is the oldest and longest running pickup game of Ultimate, which is a sport that
is very popnlar in this valley. He said if a library was built properly on Site B it would
house the number of books that would be required. As a member of the high tech
business community, he council to step outside the thinking that shelves and shelves of
hard copy books are the only solution, because there could be other media.
Maoz Friedman, 20260 Pacifica Drive, said he lives across the street from the library and
plays on the Site A field. He said Site B is a good place because it's closer to the library
and he thought it would be easier to add on to it.
Leslie Bumell, 21466 Hollyoak Drive, said in order to do a proper systeiii analysis of this
area they need to have some options of what they are going to do with the old building.
In addition, if the library is built on Site B it will cost additional $3 million for 50 parking
spaces. Perhaps that money could instead be used for housing to help teachers. He urged
council to take an overall look at the economics.
Fred Schwalbach, 20364 Silverado Avenue, said his sons used the soccer field at least ten
years and he sees adult groups play there every day. The open space is needed, so Site B
is the logical place for a new library.
Suzanne Sclar, 10581 Whitney Way, said she lived right across the street from the library
field, and said open space should be retained, and the library should be building on Site
B.
Kathy Stakey, 10222 Danube Drive, said she wished the Parks and Recreation
Department had an advertising budget to promote the fields that exist throughout the
community. She said a library at Site B would be extrei~iely congested, but Site A would
have enough space to handle the parking.
April 17, 2000 Cupertino (~ity (~ouncll Page 5
Charles Liggett, 22415 Palm Avenue, said he believed Council needed to balance the
needs of all the citizens. He said if they look at the usage of the library compared with
the usage of the field to the south of the library, they would find that during the course of
the year each resident in Cupertino uses the library many times. He thought putting the
library in the plaza would be a very poor use of that area. He recommended that they use
Site A for the new library as it provides an opportunity for expansion.
16. 2000/01 User Fee Schedule: rescinding Resolution 99-161 and establishing user fees,
Resolution 00-120.
Administrative Services Director Carol Atwood reviewed the staff report and said that the
general fees, engineering fees, and planning fees were increased by 4.2% to reflect cost of
living increases.
Burnett moved to adopt resolution No. 00-120. Chang seconded, and the motion carried
3-0 with Sames and Lowenthal absent.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
17. Appointments of two at-large members on the Library Building Steering Committee
(continued from .4pril 3).
City Manager Donald Brown distributed a memorandum dated April 17 regarding the
appointment o£ at-large members. He had received the following recommendations:
Council member Sandra James nominated Elinora Mantovani, Council member Michael
Chang nominated Jai Li Lee, and Council meiuber Richard Lowenthal nominated Chris
Gatley.
Brown said that Council member games had called this afternoon to also nominate Carl
Brown from De Anza College, as well as a high school student and representative of the
Fremont Union High School District, to be named later.
Burnett moved to appoint Mantovani, Lee, Gatley, and Brown as at-large members to the
Library Building Steering Committee. Chang seconded and the motion carried 3-0, with
James and Lowenthal absent.
NEW BUSINESS
18. First reading of Ordinance No. 1846: "An Ord'mance of the City Council of the City of
Cupertino Authorizing an Amendment to the Cent/act Between the City Council of the
City of Cupertino and the Board of Administration of the California Public Employees'
Retirement System Regarding Volunteer Service for the US Government (Peace Corps or
America Corps: VISTA Service)."
Apr'! ! 7, 2000 Cupert/no City Council Page
The City Clerk read the title of the ordinance. Bumett moved and Chang seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the first
reading thereof. Motion carried 3-0, with Sames and Lowenthal absent.
19. First reading of Ordinance No. 1847: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 11.34 of the Cupertino Municipal Code Rclating to
Roadway Design Features and Section 11.34.030 Relating to Establishment of Warrants
for the Installation and Maintenance of Road Bumps
The City Clerk read the title of the ordinance. Burnett moved and Chang scconded to read
the ordinance by title only, and that the City Clerk's reading would constitute thc first
reading thereof. Motion carried 3-0, with James and Lowenthal absent.
20. First reading of Ordinance No. 1848: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 11.08.250, Bike Lanes Designation on Stevens Creek from
Foothill Boulevard to Stem Ave."
The City Clerk read the title of the ordinance. Burner moved and Chang seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the first
reading thereof. Motion carried 3-0, with James and Lowenthal absent.
21. Authorizing execution of agreement with Lockheed-Martin IMS regarding a Red Light
Running Photo Enforcement Systems Program, Resolution 00-121.
Traffic Engineer Raymond Chong reviewed the staff report. He said the cameras would
be installed at seven intersections which were chosen by looking at the statistical rate of
red light running and the traffic flow. He said there is the opportunity to expand to other
intersections, such as Homestead/DeAnza, and Blaney/Stevens Creek. Prior to expanding
there will be a survey to make sure it makes sense to install a system. The first seven
intersections include DeAnza and Stevens Creek; 280 at Wolfe, both ramps; 280 and
DeAnza, both ramps; 85 and Stevens Creek, both ramps. He said this program had not
been reviewed by the Public Safety Commission. However, Mr. Zander is aware of it
because he has been attending the Traffic Safety Committee meetings. Mr. Chong said
the schedule is to have the pwgram operational by September of this year.
Chong said that a new Sheriff's deputy would validate the citations, testify in court,
handle public education, and specialize in traffic safety issues in town. The $150,000 a
year that Lockheed Martin is paying the city will more than cover the expense of the new
deputy.
Mr. $ohn Flynn, represented Lockheed-Martin IMS. He said their company is the largest
supplier of photo enforcement systems, both red light camera and photo radar systems.
He said they use a long roll of 35 mm that takes 800 exposures, and they change the film
every day, and the resolution and the speed of the camera is the best available on the
system at this time. Regardless of the equipment used, they have experience in the
Apd! 17, 2000 Cupertino City Council Page 7
delivery of citations to the law enforcement agency within in the time required by thc
vehicle code, seeing that they are processed properly, and that the adjudication process is
handled pwperly.
Robert Hall asked about the percentage of the share of money received by Lockheed-
Martin and the financial risk if the city decides it's not working out and wants to
terminate.
Mr. Chong said Lockheed-Martin would receive 100 percent of the net revenues
generated from the citations. The citation is roughly a $281 minimum fine. The net
return is about $111, and they will receive all of that, which will be high enough for them
to make a pwfit.
Mr. Flyrm said the number of violators captured on the film declines drastically once they
get a system in place. He said out of the seven sites there could be a little over a $1
million in actual revenue, but aRer expenses it comes out to a profit of about $150,000.
Mr. Chong talked about the t~mination for convenience clause. He said if the council
changed their minds, Lockheed-Martin would recover their full costs, which would be a
few hundred thousand dollars.
City Manager Brown said there is a cost benefit that doesn't reflect in the city's books,
which is reducing the number of accidents that occur because of red light violators. Each
accident requires a sheriff's response, which takes them away from other patrol duties.
And if the cameras reduce the number of accidents, there are that many fewer injuries and
less damage to vehicles.
Burner noted that if this system perfor~lis as similar systems do, it may prevent as many
as 25-30 injuries a year. Since the awards in civil suits for traffic injuries oRen nm to a
million dollars or more, that is a big benefit to the community.
Mr. Flynn said they would provide monthly reports, and attend a monthly meeting with
public works and law enforce~,~ient.
Statton said he would like the Public Safety Commission to have a chance to review the
sites that are being selected for the first part of the pwgram, and would like to have a
public information campaign laid out in advance. He said he would like to see a layout of
all intersections and what their associated red light running patterns have been.
Mr. Chong explained that the agre~iiient does not specify exact locations. These were
initially determined with the Traffic Safety Committee, the sheriff, and himself. He said
staff could come back with a public information program, including brochures and the
web site.
Apd! 17, 2000 Cupertino City Council Page 8
Burner moved to adopt Resolution No. 00-121, to have the Public Safety Commission
review the proposed locations for the cameras, and to have staff report back to the City
Council three months after installation is complete. Chang seconded and the motion
carried 3-0, with James and Lowenthal absent.
ORDINANCES
22. Second reading and enactment of Ordinance 1845, "An Ordinance of the City Council of
the City of Cupertino Prezoning an Existing Single-Family Residential Lot Located at
10322 Stell'mg Road to Pre RI-10 (Single Family Residential) Zoning District."
The City Clerk read the title of the ordinance. Bumett moved and Chang 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.
Burnett moved and Chang seconded to enact Ordinance No. 1845. Motion carried 5-0.
STAFF REPORTS
COUNCIL REPORTS
City Manager Brown reported on the recommendations for the Lcgisladve Review Committee as
follows:
Support AB 1806 (Pacheco), property tax shifts, freeze on growth support; AB 2451 (Runner),
motor vehicle fuel taxes, local wads; AB 2173 (Bates), transportation funding; AB 1809
(Runner), hate crimes; and AB 1009 (Correa), public employees' retirement, purchase power
pwtection. Oppose SB 1848 (Perata), vehicle weights; and AB 2078 (Graulund), elections, voter
registration programs.
By consensus, Council continued action on the committee recommendation to May 1.
Council member Bumett reported that the Policy Advisory Committee of the Transpbrtation
Authority met, and in general the county staff is very happy with the governor's program. He
said all of the major projects for this area are recommended for funding. He said almost every
major problem for bicycling is addressed. He said Cupertino fared particularly well, as the Mary
Avenue bicycle footbridge, the San Tomas Aquino Saratoga Creek trail, and the Union Pacific
Railroad trail were included.
Council member Chang reported that there is an opening for the director of the youth program of
Leadership Cupertino.
Apdl 17, 2000 C'~uperdno City Council Page
CLOSED SESSION
At 8:00 p.m., Council recessed to a closed session to discuss pending litigation pursuant to
Government Code Section 54956.9(a) regarding review of settlement of Beardon vs. City of
Cupertino.
At 8:10 p.m. Council reconvened in open session. Thc City Attorney announced that they had
discussed a settlement effected by the Association of Bay Area Governments (ABAG), and no
action was taken.
ADJOURNMENT
At 8:10 p.m., the meeting was adjourned.
~ity Clerk
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Monday, April 10, 2000
CALL TO ORDER
At 5:30 p.m., Vice Mayor James called the meeting to order in Conference Room C/D, 10300
Torre Avenue, Cupertino, California.
ROLL CALL
City Council members present: Vice-Mayor Sandra James, and Council members Don Bumett,
Michael Chang, and Richard Lowenthal. Council members absent: Mayor John Statton.
Staffpresent: City Attorney Charles Kilian and Human Resources Officer Bill Woska.
ORAL COMMUNICATIONS
Mr. Donald Pierce, 21869 Garden View lane, presented a petition against the proposal for
Andronico's Market at the Oaks Shopping Center, and presented a letter by Carolyn Miller also
*" protesting the market.
RECESS
Council recessed from 5:36 p.m. to 6:00 p.m.
CLOSED SESSION
At 6:00 p.m., Council recessed to a closed session regarding labor negotiations, Government
Code Section 54957.6: city manager recruitment.
At 8:30 p.m., Council reconvened in open session. No action was taken in closed session.
ADJOURNMENT
Charles Kilian
City Attorney