CC 04-18-94
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MINUTES
Cupertino City Council
April 18, 1994
PLEDGE OF ALLEGIANCE
At 6;45 p.IO., Mayor Koppel called the meeting to order in the City Council Chambers,
10300 Torre Avenue, Cupertino.
ROLLCALL
Council members present; Jolm Bautista, Don ßurnett, LauraIee Sorensen, Wally Dean,
and Mayor Barbara Koppel. Council members absent: None.
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Staff Present; City Manager Don Brown
City Clerk Kim Smith
Administrative Services Director Blaine Snyder
Community Development Director Bob Cowan
City Attorney Charles Kilian
Parks and Recrea!:<Jn Director Steve Dowling
Public Infciínation Officer Donna Krey
Publi.; Works Director Bert Viskovich
CEkEMONIAJ~ MA ITERS - PRESENTATIONS
Mayor Koppel ~'COgnized Ms. Mardie Elliott and Mr. run Bryson for an achievement
award they received as Dealer of the Year for First Place Trophy, which used to be
located in Cupertino. Ms. Elliott thanked Mayor Koppel for the honor, and said it was
nice to receive an award instead of providing them for others.
Santa Clara County Sheriff GmiqgJuom presented Mr. Ian Price with a comrrworvl....on and
a plaque for an act of heroism on April 6, 1994, in which Mr. Price captured and held an
armed robber at the Muffin Tops restaurant until police arrived. Mayor Koppel }I..........ted
a proclamation to Mr. Price.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
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It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed
unanimously to adopt item Nos. I through 8 and II through 12 on the consent
calendar as recommended.
April lB, 1994
Cupertino City Council
Page 2
I. Resolution No. 9068: "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 I, 1994."
2. Resolution No. 9069: "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 Genera1 and Miscellaneous Expenditures for
the Period Ending April 8, 1994."
3. Resolution No. 9070; "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 Sa1aries and Wages for the Payroll Period
Ending AprilS, 1994."
4. Monthly Treasurer's and Budget Report, March, 1994.
S. !'.esolution No. 9071; "A Resolution of the City Council of the City of Cupertino
Approving Improvement Plans of Property Located on the Northeast Corner of
Homestead Road and DeAnza Boulevard; Developer Chevron U.S.A. Products
Company; Authorizing Execution of Improvement Agreement; Authorizing
Signing ofImprovement Plans."
6. Resolution No. 9072: "A Resolution of the City Council of the City of Cupertino
Approving Contract Change Order No.3 for Phase II B1ackbeny Farm Water and
Sanitary Improvements, Project 94-9105M."
7. Acceptance of city projects performed UDder contract for Phase II Blackbeny
Farm Water and Sanitary Improvement, Project 94-9l0SM.
8. Resolution No. 9073: "A Resolution of the City Council of the City of Cupertino
Accepting Quitclaim Deed and Authorization for Underground Water Rights
From Mohammad Estabson"ty, Shirin Behrouzian, Daryoush Marbamat and
Manijeh Assadi Marhamat, Located on the Southeast Comer of Santa Clara
Avenue and Grand Avenue."
11. Acceptance of municipal improvements (curbs, gutters and sidewalk) ftom
Charson Development, Inc., Charson Lane at Rainbow Drive.
12. Approval of minutes of the meeting of April 4, 1994.
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~Iembers of the Ci~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Koppel, and Sorensen.
None
None
None
April J 8, 1994
Cupertino City COWICiI
Page 3
ITEMS REMOVED FROM THE CONSENT CALENDAR
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9.
Easements for DeAnza Bridge Widening Project at Highway 280.
(a) Resolution No. 9074: "A Resolution of the City Council of the City of
Cupertino Accepting A Grant of Easement for Public Utilities ftom Deim
& Ja.-nes Propertie!J III, a California Limited Partnership, Located on the
West Side of North DeAnza Boulevard South of Route 280."
(b) Resolution No. 9075: "A Resolution of the City Council of the City of
Cupertino Acceptir.g A Grant of Easement for Roadway Purposes ftom
Beim & Jame!J Properties III, a California Limited Partnership, Consisting
of Approximately 0.005 Acres, Located on the West Side of North
DeAnza Boulevard South of Route 280."
(c) Resolution No. 9077: "A Resolution of the City Council of the City of
Cupertino Accepting A Grant of Easement for Public Utilities from
Michael Del Monaco, Sr. and Emestine M. Del Monaco, as Trustee of the
Del Monaco Family Revocable Living Trust Agreement Dated January 28,
1981, and Amended April 21, 1981, February 2,1981, and March 13,
1989, Located on the West Side of North DeAnza Boulevard South of
Route 280."
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(d) Resolution No. 9078; "A Resolution of the City Council of the City of
Cupertino Accepting A Grant of Easement for Roadway Purposes ftom
Michael Del Monaco, Sr. and Ernestine M. Del Mon:::lJ, as Trustee of the
Del Monaco Family Revocable Living Trust Agreement Dated January 28,
1981, and Amended Apri121, 1981, Febnwy 2,1981, and March 13,
1989, Consisting of Approximately 0.0009 Acres, Located on the West
Side of North DeAnza Boulevard South of Route 280."
Mayor Koppel said that she had removed this item from the consent agenda in
order to thank the Delmonacos and Jolm James for donating their pro-perty
without any cost to the City for the public utility easement to widen tht: hridgt;
over Route 280. She thanked them for their generosity, and said it wou1å Dc
extremely helpful if the residents on McClellan would think similarly and
cooperate in making much-needed improvements there to address safety issues.
It was moved by Coone. Sorensen, seconded by Counc. Burnett, and carried
unanimously to adopt Resolution Nos. 9074 through 9078.
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10. Resolution No. 9076: "A Resolution of the City Council of the City of Cupertino
Authorizing the Execution of A Cooperative Agreement Between the Foothill-
DeAnza Community College District and the City of Cupertino, Relative to a
Loan by the City to the District for the Construction of An Exit From DeAnza
College to Stevens Creek Boulevard and Route 85."
April 18, 1994
cupertino City Council
Page 4
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Counc. Bautista asked why there was a need to assist DeAnza College to obtain a
State loan. The Public Works Director explained that Council approved a loan of
fimds that actually will be coming from the Traffic Authority, not from the City's
general fund or resources. The City will be able to fund the project and charge
interest to the college, so tI1at the City will benefit by getting the project underway
and receiving interest payments which they were not getting before.
It was moved by Counc. Sorensen, seconded by Counc. Bwnett, and carried with
Counc. Bautista voting no, to adopt Resolution No. 9076.
NEW BUSINESS
Mayor Koppel reordered the agenda to hear item No. 14 next.
14. Request for financial support from Joint Venture Silicon Valley. (Continued ftom
the meeting April 4, 1994.)
The City Manager reviewed the staff report and said that, based upon per capita
calculations, $8,000 appeared to be the appropriate amount for the City to
contribute if the Council wished to do so.
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Ms. Becky Morgan, President of Joint Venture Silicon Valley, said they had more
clearly defined their vi~ion which was a community collaborating to compete
globally. She disct:55ed their initiatives and said that each one has its own
mission and measurable objectives, and they will be able to demonstrate what
progress has been made at any point. At this point in time, there were ten cities
who have made an investment with their organization.
Mayor Koppel asked if Smart Valley would also receive benefit ftom these funds,
or would they be requesting City fimcIs as well. Ms. Morgan said that Smart
Valley was incorporated and bad its own board and CEO. Joint Venture
cooperates with all the initiatives in fimdraising but Smart Valley was the most
independent. Although they sought most of their support from the corporate
community, they may contact the City as well. Ms. Morgan said that they
continue to work with the Manufacturing Group which draVI"S its membership
totally ftom the business community, but they are careful not to duplicate what
that group is doing.
Counc. Dean asked if City Net would qualify for research and development funds
under the criteria established by Joint Venture Silicon Valley. Ms. Morgan said
that it might not be appropriate under the category of networking, but there may
be other sources of funding such as links to federal government, or possible things
that link the city to workers and employment opportunities.
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April 18, 1994
Cupertino City Council
Page 5
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Ms. Morgan said that in their first year they had made one-time requests for
funding, but are now considering making requests for multi-year commitments,
and there were two foundations who had offered that. She said in this year they
had received pledges ofS1.6 million of the $2.0 million they had set as their goal.
It was moved by Counc. Sorensen, seconded by Mayor Koppel, and carried with
Counc. Bautista voting no to contribute $8,000.00 to Joint Venture Silicon Valley.
PUBLIC HEARINGS
13. Public hearing to consider adopting a revised smoking ordinance. (Continued
ftom the meeting of April 4, 1994.)
(a) First reading of Ordinance No. 1647: "An Ordinance of the City Council
of the City of Cupertino Amending Chapter 10.25 of the Cupertino
Municipal Code to Regulate Smoking in Public Places."
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Ms. Velma Aguero, 932 Tamarack Avenue, read a letter which she had sent to
Courlcil in March. She said she was a waitress and must serve customers in the
smoking section of the restaurant, which she felt was discriminatory to her and her
co-workers. Claims by businesses that they would be put out of business by no-
smoking laws were untrue, and an example is that the same argument had been
used against the proposal to raise the minimum wage. She said the country
concentrates too much on rights and not enough on the responsibilities that
correspond to those rights. Smokers should have the right to smoke only in places
where it will affect others. She asked that all public buildings be made non-
smoking.
Ms. Margo Leathers said she was the Executive Director of the American Lung
Association of Santa Clara and San Benito Counties, and was also a member of
the Santa Clara County Tobacco Control Coalition. She said both agencies were
strongly in favor of ordinances which ban smoking, and she expressed her support
of the ordinance before Council. Although smoking would still be allowed in
some bars and restaurants, good protection was offered through the requirements
for ventilation standards. She asked that Council consider even stronger measure!J
when they felt it was appropriate.
The City Attorney reviewed the changes that had been made in the ordinance at
Council direction. Those included an exemption for limousines which had a
physical barrier between driver and passenger, as well as a requirement that bars
that had incidental food service and allowed people under 21 in their restaurant
section would not be permitted to have smoking.
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Mayor Koppel said that she wanted to insure that a letter will be sent to the
President of the United States about the need to stop subsidizing the tobacco
industry.
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April 18, 1994
Cupertino City Council
Page 6
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It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried
unanimously to direct statfto prepare a letter to the President, with copies to our
representative and senators, asking that subsidies to the tobacco indllStly be
eliminated.
It was moved bý Counc. Sorem'~n, seconded by Counc. Burnett, and carried
Im"nimously that Ordinance No. 1647 be read by title oniy and the City Clerk's
reading would constitute the first reading thereof. The City Clerk read the
ordinance title.
NEW BUSINESS
15. Santa Clara County Library District.
(a) Resolution No. 9079: "A Resolution of the City Council of the City of
Cupertino Consenting to Inclusion of the Territory of the City in the
Formation of the Santa Clara County Library Service Area."
(b)
Resolution No. 9080: "A Resolution of the City Council of the City of
Cupertino Authorizing the City Manager to Execute a Joint Powers
Agreement (JP A) With the County of Santa Clara and the Cities of
Campbell, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno,
Morgan Hill and Saratoga for Future Library Services."
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The City Manager reviewed the staff report and reported on the excellent progress
made by the Library Commission and the Chamber of Commerce in their efforts
to find revenue sources for the Cupertino Library. He discussed the progress
made toward development of a County service area and the establishment of a
Joint Powers Agreement.
Ms. Susan Fuller, County Librarian, !J8id that the cooperation between ten
jurisdictions to work toward a solution has been an historic effort which she
believes was due to the public support for the library. She noted that City
Manager Don Brown and Mayor Koppel in particular provided personal
leadership to make it happen. She !J8id that almost 40"10 of their revenues bad been
lost but they were able to mitigate some of the losses through financial help ftom
cities and from volunteer services. A long-term solution was still needed, and the
two-part proposal of funding and governance seems to have real possibilities for
success. Ms. Fuller !J8id that throughout the State this was being watched with
great interest as an innovative approach to library services.
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Ms. Fuller !J8id that the Joint Powers Agreement would give the cities greater
participation in the governance of their librari¡;s. The City Manager explained
that the proposal for a special benefit assessment district for supplemental library
services would be on the November ballot for an advisory vote oftÞ.e public. At
this time the rate is proposed to be a $33/year for a single family home.
Apri\ \S, \994
cupertino City Council
Page 1
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Mr. Charles Ligget, Chairman of the Cupertino T.ibrary Commission, said that
the City Manager, Mayor, and others bad shown courage, initiative, and a sense of
public spirit in trying to preserve the community library. He said that the
financial situation has forced them to reconsider their priorities and make critical
choices, and this proposal was one of the right choices.
The City Manager explained a survey which was done in all cities in the district
within the last three ~ks to measure the chance of success for the special benefit
assessment district, and throughout the district Úlere was a 66 positive reaction
from those that were surveyed. He said he would bring back the fina1 analysis,
which must show a connect between benefit and assessment, and it must be fair to
both residents and businesses alike.
Mr. Alan Bidwell, representing the Cupertino Chamber of Commerce, thanked
Library Commission, Friends of the Library, and citizens in the community for
their efforts, and stated that the Chamber supported the proposals before Council.
Mr. Bidwell discussed the S I 0 million sales venture the Chamber is undertaking,
with a portion of the funds from that additional revenue going to support libraries,
which showed the level of support from the business community as well.
It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried
unanimously to adopt Resolution Nos. 9079 and 9080.
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Mayor Koppel reordered the agenda to discuss item No. 16, Cupertino Sports Center,
after the closed session.
17. Amendment to Cupertino Municipal Code to prohibit bicycle riding on pedestrian
facilities.
(a) First reading of Ordinance No. 1649: "An Ordinance of the City CMmcil
of the City of Cupertino Am"""ing Section 11.08.160 of the Cupertino
Municipal Code Relating to the Riding of Bicycles on Pedestrian
Facilities."
Counc. Burnett expressed concern about allowing children under 10 to ride on
sidewalk if it is a dangerous act He said they began learning at a very young age
and did not learn to ride properly. He said be would vote in favor of this
amendment, but that training is needed in the primary schools and kindergarten to
teach children how to walk on pedestrian paths and how to bicycle safely. Counc.
Burnett said that children should not be allowed to ride until they can safely ride
in the street where bikes function best as part of the traffic flow. He explained
that riding on sidewalks was unsafe bee"""'" the sight lines are so poor for driven
backing out of driveways.
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Aprilt g. 1994
Cupertino City Council
Page 8
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It was moved by Counc. Dean, seconded by Counc. Burnett, and carried
unanimously to hold the f1l'St reading of Ordinance No. 1649. It was moved by
Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that
Ordinance No. 1649 be read by title only and the City Clerk's reading would
constitute the flJ'St r-lil'lg thereof. The City Clerk read the ordinance title
18.
Report from Fine Arts Commission recommending award of grant funds to the
California Youth Symphony.
The City Clerk reviewed the statfreport and explained that the grant funds would
be used to expand their senior outreach program by providing ftee tickets for
Cupertino seniors.
It was moved by Counc. Dean, seconded by Counc. Sorensen, and carried
unanimously to award grant funds in the amount ofSl,960 to the California
Youth Symphony.
ORDINANCES
19. Second reading and enactment of Ordinance No. 1648: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 11.38 of the Cupertino
. Municipal Code Relating to Transportation Demand Management."
The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen,
seconded by Counc. Burnett, and passed ,m?nirnously to read Ordinance No. 1648
by title only and the City Clerk's reading to constitute the second reading thereof.
It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed
unanimously that Ordinance No. 1648 be enacted.
COUNCIL REPORTS
The City Manager reviewed the recommendations of the Legislative Revi~w
Committee as follows;
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(1) Oppose AB 3476 (Mountjoy) regarding Maintenance of Effort
requirements for Proposition 172 sales tax revenues;
(2) Oppose AB 2673 (Cortese) reganling local public water systems service
needs;
(3) Support SB 1839 (Bergeson), the League-sponsored housing element
reform bill;
(4) Support SB 1941 (Rosenthal) restricting the sale of subscriber infonnation
by cable television companies;
(5) Oppose; SB 1811 (Hurtt), regarding sales tax credit in lieu of bank and
corporation or personal income tax credit for state sales tax;
(6) Oppose SB 1650 (Johannessen) regarding concealed weapons permits
(7) Support the Safe and Sane Firearms Campaign composed ofSB 1896
(Pettis), AB 3410 (Friedman), and AB 37x (Burton)
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April 18, 1994
Cupertino City Council
Page 9
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Counc. Burnett reported on the last meeting of the Santa Clara County Traffic
Authority Policy Advisory Board. The Lark Avenue overpass should be opened
by the end of April. There is good progress on Route 237, and they will be able to
ñmd a bike lane in that area out of funds úom Proposition A.
CLOSED SESSION
At 8:00 p.m., the City Council adjourned to a closed session to discuss (I) Labor
negotiations (Government Code Section 54957.6) regarding pending salary negotiations;
and (2) Initiating litigation (Government Code Section 54956.9(c) related to James
Trenner. Counc. Burnett and Dean ab!Jtained úom participation on the James Trenner
item ~n.... of a potential conflict of interest.
At 8;40 p.m., City Council reconvened in open session. The City Attorney announced
that discussions were held with Council's representative regarding pending salary
negotiatiOl:..... Direction was given to the negotiator. There was also discussion regarding
pending litigativh related to James Trenner. There wa.~ no action ·taken other than to put
that item on hold, so Council could now proceed to hear item No. 16.
NEW BUSINESS
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16. Cupertino Sports Center
(a) Resolution No. 9081; "A Resolution of the City Council of the City of
Cupertino Authorizing Execution of Agreement with Jim Trenner Tennis
For Tennis Instruction at the Cupertino Sports Center."
(b) Authorization for an appropriation for operating expenses for the
Cupertino Sports Center for May I through June 30, 1994."
It was moved by Counc. Soremoen, seconded by Counc. Bautista, and carried with
Counc. Burnett and Dean abstaining to (I) Continue Resolution No. 9081; (2)
Authorize an appropriation in the amount of $95,000 for operating expenses and
equipment acquisition for the Sports Center for May I through June 30, 1994; and
(3) Authorize staff to negotiate the disposition of equipment and back rent.
ADJOURNMENT
At 8:45 p.m., the Council adjourned.
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dm)J1~~-ti
Kim Marie Smith
City Clerk