CC 05-17-93
CITY OF CUPERTINO, STATE OF CALIFORNIA CC-859
10300 TORRE AVENUE, CUPERTINO, CA 95014
TELEPHONE: (408) 252-4505
MINUTES OF THE REGULAR CITY COUNCIL MEETING
HELD ON MAY 17, 1993, COUNCIL CHAMBER, CITY HALL,
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA
The meeting was called to order by Mayor Szabo at 6:45 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Counc. Present:
Dean, Goldman, Koppel, Sorensen, Mayor Szabo
Staff Present:
City Manager Brown
City Clerk Cornelius
Director of Public Works Viskovich
Director of Community Development Cowan
Assistant to the City Manager Brown
Director of Finance Snyder
Public Information Officer Krey
City Attorney Kilian
CEREMONIAL MATTERS - PRESENTATIONS
Proclamation declaring May 23-29, 1993, Emergency Medical Services Week.
No one was present to receive the proclamation.
POSTPONEMENTS
Applicant requests that Item No. 20 be continued to the regular meeting of June 7, 1993.
It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously
to continue the item to the meeting of June 7.
ORAL COMMUNICATIONS
Don Burnett, 729 Stendhal Lane, a member of the city's Bike Advisory Committee,
thanked Public Works for their work to make the traffic signal system work for cyclists.
He mentioned Glenn Grigg, Vicki Guapo, and Diane McCann in particular. Work is being
done on the signals, detectors, and marking the locations for bike riders to be detected.
MINUTES OF THE MAY 17, 1993 REGULAR CITY COUNCIL MEETING (CC-859)
Also, Ms. Guapo was instrumental in design and placement of wheel chair detectors.
Things are going on to improve the situation for the cycling community. There is still a
conflict between cars and bikes, but steps are being taken in the right direction. He
thanked the City Council for creating the committee.
Mayor Szabo asked if there were bike detectors in the left turn lanes.
The City Manager replied that the bicyclist has to know where the detector is, where to be
with that detector. The eventual goal is to have all of them marked.
CONSENT CALENDAR
It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously
to approve the Consent Calendar as submitted.
1. Approval of grant recommended by Cable Television Advisory Committee.
2. Resolution No. 8872: "A Resolution of the City Council of the City of Cupertino
Adopting a City Clerk Records Retention Schedule and Citywide Schedule for
Duplicate Records."
3. Resolution No. 8873: "A Resolution of the City Council of the City of Cupertino
Allowing Certain Claims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for General and Miscellaneous Expenditures for
the Period Ending April 30, 1993."
4. Resolution No. 8874: "A Resolution of the City Council of the City of Cupertino
Allowing Certain Claims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for General and Miscellaneous Expenditures for
the Period Ending May 7, 1993."
5. Resolution No. 8875: "A Resolution of the City Council of the City of Cupertino
Allowing Certain Claims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for Salaries and Wages for the Payroll Period
Ending May 2, 1993."
6. Budget Update and Treasurer's Report, April, 1993.
7. Monthly Activity Report, April, 1993.
8. Resolution No. 8876: "A Resolution of the City Council of the City of Cupertino
Amending Resolution No. 8653 Which Established the Barbara Rogers Trust Fund
and Provided for the Administration Thereof."
9. Review of Alcoholic Beverage Control license application for Lim's Cuisine, 22382
Homestead Road, Cupertino.
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MINUTES OF THE MAY 17, 1993 REGULAR CITY COUNCIL MEETING (CC-859)
10. Resolution No. 8877: "A Resolution of the City Council of the City of Cupertino
Authorizing the City Manager to Negotiate and Enter Into an Agreement to
Provide Local Law Enforcement Agency Access to the California Identification
System and to Appropriate and Send the City of Cupertino's Financial
Contribution for the System to the City of San Jose Finance Department."
11. Resolution No. 8878: "A Resolution of the City Council of the City of Cupertino
Making Determinations and Approving the Annexation of Territory Designated
'Upland Way 92-04', Approximately 2.278 Acres Located at the End of Upland
Way Between Rainbow Drive and Bubb Road; Sethe (APN 366-03-051)." (Staff
requests removal from the agenda.)
12. Resolution No. 8879: "A Resolution of the City Council of the City of Cupertino
Making Determinations and Approving the Annexation of Territory Designated
'San Fernando Avenue 93-01', Approximately 0.30 Acres Located on the East Side
of San Fernando Court and Byrne Avenue; Chen (APN 357-12-021)."
13. Minutes of the regular meeting of May 3, 1993 (CC-858).
14. Resolution No. 8880: "A Resolution of the City Council of the City of Cupertino
Accepting Grant of Easement for Roadway and Public Utility Purposes From
Timothy F. Yuen and Phyllis H. Yuen, Consisting of Approximately 0.01 Acres,
Located San Fernando Avenue."
15. Acceptance of municipal improvements:
Jim Sisk Project, Mira Vista Avenue
Tract No. 8325, Portofino, Mariani Group, Homestead/DeAnza Boulevard
(No documentation necessary.)
16. Resolution No. 8881: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of Local Agency-State Agreement to Extend the Traffic
Signal Interconnect System on Saratoga-Sunnyvale Road From Bollinger Road to
Prospect Road."
17. Resolution No. 8858: "A Resolution of the City Council of the City of Cupertino
Approving the Final Map and Improvement Agreement of Tract No. 8585,
Located on San Fernando Avenue, Developer Leonard Bordello, Dick Randall,
Barre Barnes; Accepting Certain Easements; Authorizing Signing of Final Map and
Improvement Agreement in Connection Therewith."
18. Resolution No. 8882: "A Resolution of the City Council of the City of Cupertino
Accepting Quitclaim Deed and Authorization for Underground Water Rights from
John E. Brost and Janis R. Brost, 10129 Lockwood Drive."
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MINUTES OF THE MAY 17, 1993 REGULAR CITY COUNCIL MEETING (CC-859)
19. Resolution No. 8883: "A Resolution of the City Council of the City of Cupertino
Accepting Grant of Easement for Roadway Purposes from Ishwar P. Murarka and
Ragini S. Murarka, Consisting of Approximately 0.01 Acres, Located on San
Fernando Avenue."
Vote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
PUBLIC HEARINGS
20. Appeals of Planning Commission approval of Application No. 1-TM-93 - R & Z
Development Company - Tentative map to subdivide a lot at the northerly
terminus of Adriana Avenue into two parcels; Chris Dunn, Tamara Logan and
Steven Ekovich, appellants. (Applicant requests continuance to meeting of June 7,
1993.)
Previously continued to June 7, 1993.
PLANNING APPLICATIONS
21. None.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
22. None.
UNFINISHED BUSINESS
23. None.
NEW BUSINESS
24. Approval of final recommendations from Cable Television Advisory Committee
on items to be included in TCI refranchising agreement.
Public Information Officer Krey reviewed her report with Council. She stated that a
citizen did wish to address Council on this matter.
The citizen, Mr. Bishop, was not present in Chamber so Council decided to go on to the
next items and come back to this when he arrived.
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MINUTES OF THE MAY 17, 1993 REGULAR CITY COUNCIL MEETING (CC-859)
25. Consideration of Association of Bay Area Governments' Resolution No. 93-2,
pertaining to the state budget and distribution of taxes.
By consensus, Council agreed to oppose state taking of property taxes and to not support
the present distribution of those taxes to the various local agencies.
Discussion followed regarding HR140 which opposes unfunded federal mandates.
It was noted that Mr. Bishop was present in Council Chamber so Council returned to Item
No. 24.
24. Approval of final recommendations from Cable Television Advisory Committee
on items to be included in TCI refranchising agreement.
Mr. Bishop distributed a handout entitled Cupertino: Very Low Income Elderly and
Disabled Discount Program, which recommended a significant and meaningful discount
for low income elderly and disabled. This would be those at or below the poverty level as
defined by census. Mr. Bishop proposed a 50-80% discount on basic cable service to this
limited number of eligible residents. He proposed a narrow definition of those that would
be eligible and asked that it be read into the record, the residents eligible to be benefited.
These would be frail, homebound elderly and disabled, very low income Cupertino
residents whose annual income is at or below the poverty line as defined by the State
Census Bureau of $8,000 in annual income for Cupertino residents. Mr. Bishop said this
would provide an opportunity for these people to stay in touch with the world around
them. He urged Council approval. He felt it was better not to go through Cupertino
Community Services, but to stay within the cable company's current application process.
The City Manager said that the Social Security Act certification could be used as proof of
qualification for the program along with income statements.
Mike Wincn, Cable Television Advisory Committee Chair, was available to answer
questions.
There being no further public input, the Mayor brought discussion to Council. What was
being asked is that this rate reduction be considered as part of the total negotiation
package.
Counc. Dean felt that there is too much government in private industry. Cable is not a
necessity and 50-80% is a big discount.
Counc. Koppel stated that if one lives near the foothills, cable is necessary for decent
reception.
PIO Krey said staff needed clear direction.
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MINUTES OF THE MAY 17, 1993 REGULAR CITY COUNCIL MEETING (CC-859)
It was moved by Counc. Goldman, seconded by Counc. Koppel and passed with Counc.
Dean dissenting, to approve the final recommendation per staff report amended to read,
"...a goal of 50-80% discount rate to qualify elderly and disabled low income residents
(using narrow definition) with negotiation issues to be considered as a complete package."
WRITTEN COMMUNICATIONS
26. None.
ORDINANCES
27. Second reading and enactment of Ordinance No. 1623: "An Ordinance of the City
Council of the City of Cupertino Amending Section 2.48.020A and Rescinding
Section 2.48.020F and Section 2.48.020G of the Cupertino Municipal Code,
Department Organization."
It was moved by Counc. Goldman, seconded by Counc. Sorensen and passed unanimously
to read Ordinance No. 1623 by title only and the City Clerk's reading to constitute the
second reading thereof.
It was moved by Counc. Sorensen, seconded by Counc. Koppel and passed unanimously
to enact Ordinance No. 1623.
RESOLUTIONS
28. None.
STAFF REPORTS
29. Oral reports by staff members and submission of written reports.
Director of Public Works Viskovich reviewed the revised TAC recommendation regarding
project priorities, Congestion Management Agency of Santa Clara County.
COUNCIL REPORTS
30. Mayor Szabo - Legislative Review Committee - Council unanimously
agreed to take the following action regarding proposed legislation:
Support AB 899 (Costa), fish and game fees; SB 745 (Bergeson), housing
element; SB 450 (Dills), solid waste, local regulatory authority; AB 12
(Epple), dispatcher immunity; SB 501 (Beverly), public employees
retirement systems, golden handshake; AB 533 (Morrow), liability,
skateboarding; and AB 1810 (McDonald), community care facilities local
regulation. Council also agreed to oppose SB 218 (Hill), photo radar,
elimination.
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MINUTES OF THE MAY 17, 1993 REGULAR CITY COUNCIL MEETING (CC-859)
Santa Clara County Cities Association - Mayor Szabo reported on a
meeting during which a report on public sector salaries had been presented.
The Council members requested copies of notes from that meeting.
31. Counc. Dean reported on various tennis championships which had been
hosted at the Cupertino Sports Center.
32. Counc. Goldman made no reports.
33. Counc. Koppel announced that Counc. Sorensen was no longer on the
County General Plan Advisory Committee. By consensus, Council
authorized Counc. Goldman's name to be submitted for appointment.
Counc. Koppel requested that Council authorize a letter stating that the
City had no problem with the Alum Rock Corridor Study but pointed out
that it was not part of Measure A and the Stevens Creek Boulevard
Corridor should not be jeopardized.
Discussion and consideration of an "Adopt a Median" program will be
placed on the next agenda.
34. Counc. Sorensen stated she is unable to attend the next meeting of the
Joint Venture Silicon Valley group. Therefore, Counc. Koppel will go in
her place.
At 8:00 p.m., Council adjourned to 6:45 p.m., May 20, at the Cupertino Senior Center.
_____________________________
City Clerk
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