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CC 06-19-95 CC-904 MINUTES Cupertino City Council Regular Meeting June 19, 1995 PLEDGE OF ALLEGIANCE At 6:50 p.m., Vice Mayor Burnett called the meeting to order and led the Pledge of Allegiance. ROLL CALL Council members present: John Bautism, Lauralee Sorensen, and Vice Mayor Don Bumett. Council members absent: Barbara Koppel, Mayor Wally Dean. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; Administrative Services Director Carol Atwood; CommtlRity Development Director Bob Cowan; City Attorney Charles Kilian; Parks and Recreation Director Steve Dowling; Public .,--- Info~hiation Officer Donna Krey; and Public Works Director Bert Viskovich. POSTPONEMENTS Item Nos. 22-24 (resolutions regarding employee compensation) would be deferred until after the closed session. ORAL COMMUNICATIONS Ms. Mavis Smith, resident of Cupertino, said that she supported Mr. Frolich's earlier recommendation that the family car wash be permitted at the BP service station at Homestead and Bernardo. Mr. Floyd Meyer, 10486 Westacres Drive concurred and -~_id that family businesses deserve support. He also referred to a traffic wa~aat which he had received and discussed the booking costs incurred by the City. He said that there needs to be an orderly way to meet one's civic obligations without paying money to be punished. He asked that the City ARorney look into this matter and the ramifications of signing a traffic ticket under duress. Mr. Meyer said that if Council would agree to put his items on the agenda in the future then he would not have to address them on an ad hoc basis. June 19, 1995 Cupertino City Council Page 2 CONSENT CALENDAR Sorensen moved and Bautista seconded to approve the Consent Calendar as presented. The motion carried 3-0 with Dean and Koppel absent. 1. Resolution No. 9354: Accounts Payable, June 2, 1995. 2. Resolution No. 9355: Accounts Payable, June 9, 1995. 3. Resolution No. 9356: Payroll, Sune 2, 1995. 4. Recommendation from Cable Television Advisory Cor~m~ttee for approval of grant request from "The Better Part". 5. Review of application for ABC license, Beniluma Restaurant, 10123 N. Wolfe Road. 6. Resolution No. 9357: Calling for a General Municipal Election to be held on November 7, 1995. 7. Resolution No. 9358: Requesting the Registrar of Voters to conduct the ~-~ November 7, 1995, election and canvass of votes, and requesting consolidation. 8. Resolution No. 9359: Determining charges and regulations for Candidate's Statement of Qualifications and other mailings in connection with the General Municipal Election of November 7, 1995. 9. Request from Optimist Clubs of Cupertino and DeAnza/Cupertino for waiver of use fee at the Quinlan Community center for an awards ceremony. 10. Resolution No. 9360: Authori~.ing Execution of Program Supplement No. 009 to Local Agency-State Agreement, for Federal Aid Project Regional Traffic Signalization/Operations Program (RTSOP). 11. Resolution No. 9361: Accepting Grant of Easement for Roadway Purposes from Patrick J. Geary and Tammy T. (~eary, 10164 C~umen Road. 12. Resolution 9362: Accepting Quitclaim Deed and Authorization for Underground Water Rights from Patrick $. Geary and Tammy T. Geary, 10164 Carmen Road. 13. Resolution No. 9363: Authorizing Execution of Loan Agreement with Community Housing Developers. ~-- 14. Consideration to authorize TCI inflation adjustment flora October 1, 1992, to June 30, 1994, for Cupertino system. June 19, 1995 Cupertino City Council Page 15. Resolution No. 9364: Sett'mg hearing to provide lien assessment and collection from abatement of public nuisances (weeds). 16. Approval of minutes of the June 5 regular and regular adjourned City Council meetings. 17. Acceptance of municipal improvement: Versatile Construction (Sui Hwu), 11350 Bubb Road at Folkestone. 15. Monthly Treasurer's Report and budget update, May, 1995. Vote Members of the City Council AYES: Bautista, Bumett, and Sorensen. NOES: None ABSENT: Dean and Koppel ABSTAIN: None PUBLIC HEARINGS 19. Applications 5-7,-95 and 10-EA-95, City of Cupertino, 11545, 11571, 11593, 11611 and 11631 Upland Way. Rezoning of 5 parcels located on Upland Way ~om PRE-RHS with a minimum lot size designation. Environmental Detei~-~-,ination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance No. 1691: "An Ord'mance of the City Council of the City of Cupertino Approving a Change of Zone Designation for 2.67 Net Acres on Upland Way, Specifically APN 366-03-009, 010, 011, From PER-RI-IS, Prezoned Residential Hillside, to PRE-RHS-10, PRE-RHS-20 and PRE-RHS40, Prezoned Residential Hillside with a Minimum Lot Size of I0,000 Square Feet and 40,000 Square Feet." The Community Development Director reviewed the staff report. Burner opened the public hearing. No one wished to be heard on this matter, and the public hearing was closed. Sorensen moved and Bantista seconded to grant a negative declaration. The motion carried 3-0 with Dean and Koppel absent. Sorensen moved and Bautista seconded to approve the application per Planning Commission Resolution No. 4611. The motion carried 3-0 with Dean and Koppel absent. June 19, 1995 Cupertino City Council Page The City Clerk read the title of the ordinance. Sorensen movcd and Bautista seconded to read the ordinance by title only, and that thc City Clerk's reading would constitute the first reading thereof. The motion carried 3-0 with Dean and Koppel absent. 20. Public hearing to review amount of revenue produced by the sto,li~ drnlnage service charge and the estimated cost of the city's Non-Point Source Control and Storm Water Management Program. Staff recommends no change, in the amount of such charges. (a) Resolution No. 9365: Conducting an _anm~zl review of the Sto~ii~ Drainage Service Charge. The Public Works Director reviewed the staff report and said that he did not anticipate having to raise rates in the future. Burnett opened the public hearing. No one wished to be heard and the public hearing was closed. Sorensen moved to approve Resolution No. 9365. Bautista seconded and the motion carried 3-0 with Dean and Koppel absent. 21. Public hearing to adopt the 1994-1995 fiscal year operating budget, establish appropriation limit and approve the granting of a Negative Declaration. (a) Resolution No. 9366: Adopting an operating and construction budget for fiscal year 1995-1996 by ratifying estimates of revenues to be received in each fund and appropriating moneys therefrom for specified activities and accounts and setting forth conditions of ~drninistering said budget. Co) Resolution No. 9367: Establishing an appropriation limit for fiscal year 1995-96. The Administrative Services Director reviewed the staff report and noted that Council had authorized $100,000 for capital expenditures, so total expenditures would be $225,000 over revenues. That money would be taken from the General Fund. Bumett opened the public hearing. No individuals wished to be heard and the public hearing was closed. Sorensen moved and Bantista seconded to grant a negative declaration. The motion carried 3-0 with Dean and Koppel absent. Sorensen moved and Bantista seconded to adopt Resolution Nos. 9366 and 9367. The motion carried 3-0 with Dean and Koppel absent. June 19, 1995 Cupertino City Council Page 5 NEW BUSINESS 25. · Consideration of canceling the regular meeting of July 3, 1995. The City Manager noted that there were no pressing items of business and many people may be out of town for the long weekend. Sorensen moved to cancel the regular meeting of July 3. Bautista seconded and the motion carried 3-0 with Koppel and Dean absent. 26. Review of bids and award of contract, Street Maintenance Slurry Seal, Project 95-102. Continued fi~m June 5, 1995. The Public Works Director reviewed the report. Sorensen moved to award the bid to American Asphalt in the amount of $138,688.20. Bantista seconded and the motion carried 3-0 with Koppel and Dean absent. 27. Acceptance of Alan Bidwell's resignation from Library Commission. Approval of schedule for recruitment and interviewing of applicants to fill unexp'u~d term. The City Clerk reviewed the report. Bautista moved and Sorensen seconded to (1) Accept Mr. Bidwell's resignation and (2) direct staff to report back on July 17 with the number of applications received and cont~nnation of availability for interviews on August 7. The motion carried 3-0 with Koppel and Dean absent. 28. Review of bids and award of contract for Fremont Older School Hazardous Material Abatement, Project 95-109. The Public Works Director reviewed the report. Sorensen moved to (1) Accept the negotiated unit prices for the alternate items; (2) Award the project to Janus Corporation in the amount of $71,830; (3) Approve a 10% contingency of $7,183 for the unknown materials, for a total project cost of $79,013; and (4) Appropriate $79,013 from the Environmental Impact Fund to cover this process. Baufista seconded and the motion carried 3-0 with Koppel and Dean absent. 29. Approval of Santa Clara County Bus Shelter program regarding advertising. The Community Development Director reviewed the staff report and explained that this program would save installation and maintenance costs for the transit district while providing opportunities for advertising. The City will choose which shelters have advertising, and any space available may be used for public service announcements. Discussion followed regarding the standard style shelter and the opportunities for upgrading to a different style. ·, ' June 19, 1995 Cupertino City Council Page 6 Ms. Linda WAgr~er from the transit district said that the additional purchase cost and maintenance would be the responsibility of the City. She distributed color photographs of existing shelters and said the standard color is blue. Local city staff may contact the subcontractor directly to report graffiti, and the subcontractor must respond withiu 48 hours. If there is not a timely response the city may arrange to remove it and be reimbursed for the expense. She added that the Patrick Media Group had received very good references from other cities. Bautista said that he would like to have the references checked. The City Manager said that staff would work with the company to determine what other styles are available and how they would impact the cost. Sorensen moved to approve the advertising bus shelter plan in concept, and direct staff to amend the sign ordinance to allow advertising in the fight of way for the Transit District shelter program. Bautista seconded and the motion carried 3-0 with Dean and Koppel absent. ORDINANCES 30. Second reading and enactmen~ of Ordinance No. 1688: "An Ordinance of the City Council of the City of Cupertino Amending Various Chapters of Title 19, Zoning, , of the Cupertino Municipal Code Regulation Reg~ding Residential Care and ~-~ Congregate Residences." The City Clerk read the title of the ordinance. Sorensen moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 3-0 with Dean and Koppel absent. Sorensen moved and Bautista seconded to ena~ Ordinance No. 1688. Motion carried 3-0 with Dean and Koppel absent. 31. Second reading and enactment of Ordinance No. 1689: "An Ordinance of the City Council of the City of Cupertino Approving a Rezoning of an .18 Acre Parcel on Alcalde Avenue, Specifically APN 342-29-003'/From R2-4.25 to BQ Zone." The City Clerk read the title of the ordinance. Sorensen moved and Bautlsta seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 3-0 with Dean and Koppel absent. Sorensen moved and Bautista seconded to enact Ordinance No. 1689. Motion canied 3-0 with Dean and Koppel absent. ', ' Sune 19, 1995 Cupertino City Council Page 7 '~ 32. Second reading and enactment of Ordinance No. 1690: "An Ordimmce of the City Council of the City of Cupertino Approving the Rezoning of a .51 Acre Parcel From R1-10 AG to R1-7.5." The City Clerk read the title of the ordinance. Sorensen moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 3-0 with Dean and Koppel absent. Soreusen moved and Bautista seconded to enact Ordinance No. 1690. Motion carried 3-0 with Dean and Koppel absent. STAFF REPORTS 33. Discussion of West Valley Hillside Joint Planning Review. The Community Development Director reviewed the staff report. The City Manager said this topic is on the next agenda for the West Valley Mayor's group, but there appears to be consensus to approve it even on a voluntary basis. Council concurred to endorse the use of the West Valley Mayors' group as a forum for receiving progress reports and coordinating activities. This subject will be scheduled before the decision-making bodies of the participating jurisdictions for in-depth discussion following the Mayors' group review. COUNCIL REPORTS The City Manager said that he had reviewed the legislative items with Bautista and recommended opposing SB 647 (Kelley) related to hearing requirements for fee adjushiients. Baufista moved and Sorensen seconded to oppose the bill. The motion carried 3-0 with Dean and Koppel absent. Burnett said he had attended a meeting of the Transportation Policy Advisory Board, and that oral arguments had been made to the Supreme Court on Measure A. It was felt that the legal representatives did a good job, and judgement is expected within 90 days. Sorensen said she had 'attended an excellent Cities Association meeting at which the County Executive reviewed the County's finances. She said he appeared to be willing to work more closely with the cities than had been done in the past. The City Manager said that the Council members were invited to the Library on July 3 at noon to celebrate its return to previous hours of business using the funds available under the new program. June 19, 1995 Cupertino City Council Page 8 CLOSED SESSION At 7:45 p.m. Council recessed to a closed session to discuss labor negotiations purs]~_ant to Government Code Section 54957.6. At 8:34 p.m. Council reconvened. The City Attorney announced that Council gave direction to thc representatives regarding labor negotiations. They will adopt Resolution Nos. 9368, 9369, and 9370 on the condition that the Memoranda of Understanding for the Operating Engineers and the Cupertino Employees' Association be executed prior to July 1, that the City Attorney will have the opportunity of reviewing them prior to July 1 for legal sufficiency; and that they will not be signed by the City Council until the meeting of July 17. NEW BUSINESS (continued) 22. Resolution No. 9368: Adopting a Memorandum of Understanding between the City of Cupertino and Cupertino Employee Association. 23. Resolution No. 9369: Amending the Unrepresented Compensation Program. 24. Resolution No. 9370: Establishing salaries for positions not within a schedule of pay grades. Sorensen moved to adopt resolution Nos. 9368, 9369, and 9370 with the condition that the contracts be reviewed by the City Attorney and signed prior to July 1, 1995. Council will then sign the documents on July 17. Bautista seconded and the motion carried 3-0 with Koppel and Dean absent. ADJOURNMENT At 8:35 p.m. Council adjourned. Because the July 3 meeting was canceled, the next regular meeting will be held on July 17.