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CC 01-25-85 , . CITY OF CUPERTIIIO, STATE OF CALIP'ORllIA 10300 Torre Avenue, CUpertino, CA 95014 Telephone: (408) 252_4505 cc-663 MINUTES OF THE REGULAR MEBTING OF THE CITY COUNCIL HELD ON JANUARY 21, 1985 IN THE CONFERENCE ROOM, CITY HALL, CUPERTINO, CALIFORNIA Mayor Johnson oalled th~ meeting to order in the Conferenoe Roæa at 6:00 p.m. ROLL CALL Counc. Present: Gatto (6:10 p.m.), Plungy, Sparks, Mayor Johnson Counc. Absent: Rogers Staff Present: City Clerk Cornelius Recycling COIII!IIittee - It was moved by Counc. Plungy, seconded by Counc. Sparks and passed with Councilmembers Gatto and Rogers absent to appoint Jon Heiner to the Ad Hoc Recycling Committee.. Cable TV Advisory COmmittee - Counc1l interviewed Ph1lip Devin (Couno. Gatto arrived at 6:10 p.m.), Riohard Martinez and Michael Pieroe. It was moved by Counc. Sparks, seconded by Couno. Plungy and passed unanimouSly by those present to appoint Michael Pierce to the Cable TV Advisory Committee. At 6127 p..., Council reoessed. At 6:45 p.m., Council reconvened in Counoil Chamber. SALUTE TO THE FLAG ROLL CALL Couno. Present: Gatto, Plungy, Sparks, Mayor Johnson Counc. Absent: Rogers -1- MINUTES OF mE JANUARY 21, 1985 CITY COUNCIL MEETING - CC-663 Staff Presentl City Manager Quinlan City Clerk Cornelius Direotor ot Public Works Viskovich Dlreotor ot Planning and Development Sisk Director ot Fin&noe Snyder Director ot Parks and Recreation Dowling Assistant to the City Manager Brown Planner I Binnendyk Deputy Treasurer Hoffman City Attorney Kilian POSTPONEMENTS OR NEW AGENDA ITEMS - None. STAFF REPORTS 1. Oral reports by staff members and ~"baù.ssion of written reports. City Manager's Report u. S. Postal Service - It was IIIOved by Couno. Gatto, seconded by Couno. Plungy and passed unan1lllOusly by those present to support the area and size ot the taoility as proposed by the Postal Servioe. Meeting with Congressman Zschau - 11:00 a.m., March 26, 1985 was set as the time for the meeting. City Clerk's RepOrt Reimbursement of Business License ,Fee, National Sports Career Manag_nt - It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan~usl1 by those present to approve the waiver of business license fee and reimburse the $25. C1ty Property Zoned CG Direotor ot Planning and Development Sisk presented Council wi th a map showing General Co_eroial zoned property in the City ot Cupertino. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan1lllOusly by those present to initiate hearinss to place these ~ites in Planned Development zoning. 2. 1984-85 Plan for Service - Santa Clara County Sheriff's Department. _2_ MINUTES OF THE JANUARY 21, 1985 CITY crJUIICIL MEBTIICO- CC-663 It was IDQved by Counc. Gatto, sec()r';ied by Counc. Plungy and passed unanimously by those pr4sent to approve the service plan subJect to the City Atto'fley's review of the legal aspects. 3. Review of Treasurer's Report, Deoember, 198/¡. Martin Hofnaan reviewed the report with Council. The report was accepted by Council. CONSENT CALENDAR It was moved by Couno. Gatto, seconded by Counc. Sparks and passed unanimously to approve the Consent Calendar as submitted. 9. Resolution No. 6/¡83: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount.s and From the l"unds as Hereinatter Described for General and 141scellaneous Expenditures tor the Period Ending January /¡, 1985." 10. Resolution No. 648/¡: "A Resolution of the City Council ot the City of Cupertino Allowir.g Certain Claims and Demands Payable in the Amounts and trom the Funds as Hereinatter Described tor Salaries and Wages tor the Payroll Period Ending December 25, 1984." 11. Resolution Mo. 61185: "A Resolution of the City Council at the rity ot Cupertino Deolaring its Intention to Order Vacation ot a Portion of a Sidewalk Easement Within the City ot Cupertino Pur "l18Dt to Section 50"30 Et. Seq. ot the Govel'Dlll8nt Code of the State ot Calitomia, Fixing Time and Place tor Rearing and ProViding ror Notice Thereot; Tract No. 7099, Park Monta Vista." 12. Resolution Mo. 61186: "A Resolution ot the City Council ot the City of Cupertino Authorizing Destruct10n or Re-use ot V1deotape Arter 90 Days When There is Another Record ot Proceedings." 13. Request tor waiver ot business license fees: (a) American Cancer Society. (b) Moslem Iranian Students Society. 1/¡. Minutes of the adJourned regular meeting of December 5, 198" (CC-660A) 15. Minutes of the regular meeting of January 7, 1985 (cc-662). -3- MINUTKS OF THE JAlCUARY 21, 1985 CITY COUNCIL MEBTING - CC-663 ~ Meaber5 of the City Council ArKS: NOES: ABSKIIT : ABSTAIN I Gatto, Plungy, Sparks, Johnson None Rogers None ITEMS RIDI>VED FROH .xINSENT CALENDAR 16. None. ORAL C<H4UNICATIONS 17. Members of the audience regarding matters not on the agenda. Mike Murray, Boy Scouts of America, Pack 411 of John Muir School in the Cupertino School District, told Council that they were challenged to partioipate in the Scout-a-rama Pinewood Derby Race to be held, Saturday, May II, 1985 at the Santa Clara County Fairgrounds. He presented the Mayor with a kit tor oonstruotion of a car to represent Cupertino in coĊ“petition agains~ the County and other cities. PUBLIC HEARIICGS 18. Appeals ot Planning Commission's approval or' Application 19-11-811, C . H Development Co., and appeal ot certain provisions of the use pel"lli t (7 -11 convenience store). Director ot Planning and Development Sisk and Director ot Publio Works Yislcovioh reviewed the report with Coc.noil. Jaaes Jackson, 10/ ()1 Scaerset Court, attorney representing C&H Develo¡JMDt, stated that he is still concerned regarding the dedication and iJaprovements tor the right turn lane. He intol'lled Council that c&H 13 willt.ng to dedicate; however, they do not teel that the iJaprovements are pertinent to this application. He stated that the exit t'roIa the parcel that was ot conoern has been e11ll1nated. In regard to the noiae concern he telt the new site would be IIOre open and felt that the probl8118 would be easier to oontrol. Paul Bolen, 7-11 operator, 22103 Stockllleir Court, intoraed Council ot community activities he has supported. He stated that he 111 wor:':ing to alleviate any problas oreated by the store patrons and answering a question t'roIa Counoil, he said that approximately 25J of his business occars between midnight and 6:00 a.m. -11- MINUTKS or THE JAlCUART 21 , 1985 CITY COUNCIL MEETING CC-663 ,Joanne Enlco, 8072 Park Villa Circle, informed Council that her appeal petition had 18 more signatures than when originally sublaitted, and the signatures represent 91~ or those residents contacted. She told Council that the Planning COIIIIIIission decision ignored the stat! rec~ndation and that residents of the area are most ooncerned regarding trartio. She pointed out that the Planning eo.mission resolution did not address traffic and stated that there is a Deed for a traffic study at Bubb and McClellan. She also expressed cl:ncern regarding parking on private streets and the proximity of the Southern Pacifio tracks to the site. She felt that Stevens Creek or De Anza Boulevards would be better locations for such a store. David Schumann, 8076 Park Villa Circle, presented Council with packets of information. He read from Ordinance Ho. 652, Section 6.30, that the development should not generate a level ot trattic over and above the eXisting street syst.... The Planning eo.aJ.ssion resolution aces not meet the requi~t of t~t ordinance as trattic findings were not made. lie urged Council to do a tratfic study. lie also stated that the store would be only provided three I1IOre parking places. James Purdy, 795~ McClellan ~oad, stated opposition to ~he potential tratfic. lie intormed Council that þ~ ~AS a petition oPposing the store's move to this site whioh he will send in at a later date. He also expres"ed the need for a current traffic study and expressed concern that customers will P8rk in the apartment cOlaplex. He requested that Council deny the use permit. Jia Abrusci, Measurex Corporation, told Council that at 5:00 p.II., it is dU'tioult to get Measurex employees out onto Bubb and expressed concern regarding increased trattic. Be urged Council to reconsider approving the use permit. It was IIIOVed by Couno. Sparks, seconded by Counc. Gatto and passed unaniaous17 to close the public hearing. City Attorney Ulian intormecl Council that the Planning cn--1~siOD resolution is lacking a finding as tratfic was not discussed. Be told Council that since this was a hearing de novo the City Council needs to II8Ice tindings on trattic as well as other issues. Director ot opinion the moving ot the Public Works Viskovich stated that in '-lis volume of tratfic was already present and the store would not result in additional trafric. -5- MINUTKS or THE JAlCUARY 21, 1985 CITY COUNCIL ME!TIIG _ CC-663 It was IIOved b1 Counc. Sparks, seconded by Counc. Gatto and pasaed with Counc. Plungy dissenting and Counc. Rogera absent to deny the appeals and to approve Application 19-0-811 per Planning Coaaission Resolution "0. 2580 with Condition Ifo. 28 amended to read that the driveway and curb cut on the Bubb Road frontage shall be shifted northerlY to tall within the control of the median and finding that the volUM or tratfic will not be affected and the right turn only dedication and improvement i58 direct benefit to the property. 19. Consideration of vacation ot a portion of Stevens Creek Boulevard at Orange Avenue. (a) Resolution No. 6487: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a PorticD of Stevens Creek BoUlevard, Located at the Southeast Corner with Orange Avenue, Retaining it as a Public Utility h-.ant, Sanitary Sewer Easesent and Publio Service F"'~e.ent as Provided in Section 8320 Et Seq. ot the Streets and Highways Code of the State ot Caltiornia.- Director of ?ublic Works Vislcovich requested this it. be continued. It was .oYed b1 Counc. Sparks, seconded by Counc. Gatto and passed unan~usly to continue th1s item. 20. '1IProval ot proJects for the 1985-86 ("-'-'mity DeveloPlMDt Block Grant Prograa. Planner I Binnendyk reviewed the report and the proposed projeots with Counoil. Beverly Lawrence ot Nf.dpeninsula Citizens tor Fair Rousing suggested that Counoil consider senior citizen housing as an appropriate use tor Caaaunity Develo IIMnt Block Grant Funds. City Manager Quinlan did express 30118 concern re&ardiDS future tundiDS tor proJects using CDBG funds to -buy in.. Iola Hendricaeo, resident of CUpertino, suggested that Council use funds tor the Cupertino Senior C'. -i ty Center. She stated that the Center's Director does need a secretary, there is a need for a caaputer and ro3a dividers. It was suggested that these iteu be referred to the Director ot Paries and Reoreation tor oonsideration as budget items. _6_ MINUTES OF THE JANUARY 21, 1ge5 CITY COUNCIL MEBTIIIG - CC-663 Ms. 8innendyk pointed out that proJects using CDBG tunds must tenetit low and moderate inCOllle and suggested that the Senior ec-unity Center might inc¡ude too broad a spectrua ot incOllle levels. It was IIIOVed by CoWlC. Spark~., seconded by Counc. Gatto and passed unan~usly to c~ntinue the publio hear~ to February _, 1985. PLANNING APPLICATIONS 21. Application 26-tJ-84 of Fontana's, Ino.: tJse Pel"llit to expand an existing 3,500 sq. ft. restaurant by 1,_00 sq. ft. and Environmental Review: The Planning eo..ission recommends the granting of a Negative Deolaration. The subJect property is located 011 the south side of Stevens Cree~ Boulevard approximately 900 ft. east ot Stelling Pcad in a P (Planned Develo~t with Ottioe and Residential intent and eoa.ercial emphasis) 7~ning district. Recommended for approval. It was IDOVed by Counc. Sparks, passed unanimously to grant Application 26_tJ_84. seconded by Counc. Gatto and a lCegative Declaration tor It was IDOved by Counc. Sparks, seconded ~ Counc. Gatto and passed unanimously to approve Application 26-tJ-M per Planning Coam1ssion Resolution 110. 2596. 22. Application 27-tJ-84 ot Torre Professional Center (Milton Pagonis): Use Pel"llit to expand an existing 3,890 sq. ft. single-story ottice building into a two-story building with 5,760 sq. ft. total and EnvirolllMntal Review: The Planning Ct-1..,ion recoaaends the granting ot a Negative Declaration. The subJect property is located on the west side ot Torre Avenue approxillat8ly 225 ft. north of Pacifica Drive in a P (Planned Develo~t vith Oftice intent) zoning district. Recoaaended tor approval. It was moved by C)uno. Sparks, seconded by Couno. Gatto and passed unaniaously to grant a llegative Declaration tor Application 27-tJ-84. It was IIIOVed by Counc. Sparks and seconded by Counc. Gatto to approve Application 27-tJ-84 per Planning Coma1saloa Resolution No. 2597. William Plimpton of RaYlllODd Rooker architectural fir'll, representing the applicant asked if a oQndition of a use permit would be the same as a recorded covenant. He was informed it would be; however, it would be more likely tor the new owner to be aware of it if it were recorded. -7- - ---_.~--~----- MINUTKS OF THE JANUARY 21, 1985 CITY COUNCIl. MEETING- CC-663 The motion as adopted unanimously. 23. Applioation 28-U-84 of Vitalinlc Corporation {MoDonnell-Douglas Radio Service Corporation)s IIse Pel'lÛt to construct an antenna dish (~ height or 23 tt. 6 in.) on an existing industrial site. Environmental Review: The proJ' ,ct is categorically exempt, hence, no action is required. The subJect property is located on the north side ot Valley Green Drive at the tel'lÛnus of Bandley Drive in a P (Planned Development with commeroial, industrial and residential, 4_10 dwelling units per gross acre intent) zoning district. RecOllllllended for approval. It was moved by Counc. Sparks and seconded by Counc. Gatto to approve Application 28-U-84 per Planning Commission Resolution No. 2598. Mr. Frank t'cCarthy ot Vita link Corp., upon being asked, inrormed Counoil that it was necessary to place the dish where proposed. Council discussed landscaping. The motion was adopted unanimously. 24. Application 14_U_82 (Revised) of Hewlett-Packard: llse Permit to construct approximately 86,000 sq. ft. IIOre office/ind~3trial space than the approximately 700,000 sq. tt. previously approved and Environmental Revievl The Planning Comaission recommends the granting ot a Negative Declaration. The subject property is located on the existing Hewlett-Packard industrial taoil1ty consisting ot approximatelY 100 acres bordered by HOIII8stead Road, Wolte Road, Pruneridge Avenue and Tantau Avenue in an MP (Planned Industrial) zoning distriot. Rec~ended tor approval. It was IIOVe<i by Couno. Sparles, seconded by Couno. Gatto and passed unanillously to grant a Negative Declaration tor Application 14_11_62 (Revised). It was moved by Counc. Sparles, seconded by Counc. Gatto and passed Im"n1.....usly to approve Applioation 14_11-82 (Revised) per Planning Coma1ssion Resolution Ro. 2599. þ 2~. Application 29-11-84 of Alan Firenzi (Suburban Bouse): llse Penait to add approximately 1,700 sq. tt. ot warehouse and retail &rea to an exiating furniture store and Environmental Review: The proJeot is categorically exempt, hence, no action is requi:ecl. The subJect property is located on the south side ot Stevens Creek Boulevard approximately 300 tt. eat ot Blaney AveDue in a P (Planned Development with commercial, office and residential intent and oftice emphasis) zoning district. Recommended for approval. _8_ · MINUTES OF THE JAlCUARY 21, 1985 CITY COUNCIL MEETING - CC-663 It was moved by Counc. Sparka, seconded by Counc. Gatto and passed unan180uslY to approve Application 29-u..811 per Planning co.a1ss1on Resolution Mo. 2600. 26. Application 11 -TM-81 of James ArnoldI Tentative Subdivision Map to subdivide 1.9 aores into eight lots and Enviroaaental Rev1ewl The Plann1n& co.a1ssion rec~ds the granting ot a lCegative Deolal"llt1on. The subJect property is located adjacent to and easterly ot Stelling Road approxtaately 375 ft. south of Pepper Tree Lane. Rec~nded tor approval. It was moved by Counc. Sparka, seconded by Couno. Plungy and passed unan1lllOusly to grant a Negative Declaration tor ApPlication 111_TM-811. It was IIIOved by Couno. Sparles, and passed unan1lllOusly to approve Planning eo..ission Resolution Mo. seconded by Application 2601. Counc. Plungy 14-TM-81 per t ARCHITECTURAL AIID SITE APPROVAL COtIfITTEB APPLICATIOPS 27. Nljne. UNFINISHED BUSIICKSS 28. None. NEW BUSIIIBSS 29. Report 011 Landlord-Teaant Relations Service. Assistant to the City MaJlllger Brown reYiewed the history ot the Landlord-Teaant Relations Service and the ec-1ttee's report. Selly BrellDaD, a eo..1ttee _ber, spoke regarding the proposed nhA". in tbe publio ae4istion process. Sbe telt that the City Council Meting was .ore publio than a llediation Meting would be. þ AI Shappell, Lake Bilt.ore AP8r1;Mnta, aubaitted a II1nority report to Counoil and read it into tbI record. lie stated that he does DOt want tax lDODey used tor a mediator. Be suggested Council oontact the Aasrioaø Arbitration Group ot San Franc1sco and said that is the onlY cost he would t1nd acceptable. Sally Brennan intormed Council that public mediation would be the second tier ot mediation. In regard to the volunteer issue, she stated there would be a need for a supervisor in order tor the prograa to funotion. -9- t MINUTES OF THE JANUARY 21, 1985 CIn COUNCIL MEETING _ CC-663 Ron Granville addressed Council regarding the use of City statf aa opposed to the use ot an outside agenoy. Mr. Shappell answered questions ot Counoil and stated opposition to an infol'llation and reterral service. Harriet Shuell t'roII the infol"Mtion and referral service in Campbell stated that Campbell does use volunteer mediators. She has t.ad three cases that have gone beyond the first step ot mediat10n. She stated that her service did not want landlords or tenants as mediators as it was necessary (or .-,diators to b& seen as neutral. She did use volunteers tram neighboring ~unities. She also informed Council that the aaJority ot cases seemed to be rent increases with the underlying issue of repairs and/or service. þ Louise Levy, 10802 Wilkerson Avenue, revieweJ the II1nutes of the original comaittee which called for information and reterral, conoiliation, mediation, and second tier mediation. Mr. Paulson, a volunteer mediator on the City's original committee, suggested that Cupertino try to get volunteer mediators first. He telt that this was the intent of the original coaadttee. Harriet Shuell stated that CsIIpbell does have a publio meeting with a tact tinding CCBlittee. Anna Blach, a landlord, stated that the Mountain View mediation board is effective. She felt that the Lake Biltllor& incident was an ilsolated case. She also expressed the opinion that _11 property owners are not addressed in the City's Proposal. þ It was moved by Counc. Gatto, _ded by Counc. Plungy and passed UlUlDt.ous17 to approve a landlord/tenant relations servioe process with intorution and referral ability, conciliation (Mdia!")'.,. address landlord), two-tier IMdiation (agency JaODitors and schedules volunteer mediators); directed statt get requests tor proposals tor intol'llation and reterral and tor training and SCheduling ot volunteers; second level mediation to be a public ...ting with results brought to Council; mediators not necessarily residents ot Cupertino but not a tenant or landlord; directed preparation ot necessary resolutions and/or ordinances. 30. Notice ot Claim filed on behalf of Mike and Debi McIntyre. -10_ þ MINUTKS OF THE JAliUARY 21, 1985 CITY COUNCIL MEETIICG _ cc-663 It was IIIOved by Couno. Plungy, seconded by Couno. $perks and passed unanillously to rejeot the cla1ll and direct the City Clerk to notifY the claimant's attorney. 31. ClaÙl tor Damages tiled on behalf ot George S. Holte . Aesooiates (Slavslcy vs. City ot Cupertino, et al.). It was IIOved by Couno. Plungy, seconded by Couno. Sparks and passed unan1llously to reJeot the cla1ll and direct the Cit, ~lerk to notifY the ola1mant's attorney. 32. Cla1ll ror daaages tiled on behalf of George S. Molte . Assoaiates (~oaer vs. Vlasveld, City of CUpertino, et al.). It was IIIOved by Couno. Plungy, seconded by Counc. $perks and passed unanillously to reJect the cla1ll and direct the City Clerk to notifY the claimant's attorney. þ 33. Request tor appropriation for the moditica~ion ot trattio signals at Blaney Avenue/Bollinger Road and Hiller AvenuelBollinger Road cost sharing proJects with City ot San Jose. It waa IIIOVed by CoIIno. Gatto, seconded by Counc. Plungy and passed unanillously to appropriate $7,000 ot Gas Tax Funds to pay the tiDal oosts of trattic signal moditication projects. 311. Consideration ot increase in tees tor olasses. reoreation (a) Resolution 110. 61188: "A Resolution ot the City Counoil ot the City ot Cupertino bending Feea tor Recreation Classes." It was IIOVed by Couno. Sparks, seconded by Counc. Plungy and passed unanillous17 to adopt Resolution Mo. 61188. 35. Review ot Annual Financial Report, 1983-811. It was IIOVed by CoUDO. Gatto, seconded by Couno. Sparks and passed unaniaously to aooept the Annual Financial Report, 1983-811. þ 36. Consideration of establishing a fee schedule Development Agreements. (a) Resolution No. 61176: "A Resolution ot the City Counoil of the City of Cupertino Establishing Fees and Charges ror Filing and Prooessing or Development Agreements." tor -11_ þ MINUTKS OF THE JANUARY 2'1, 1985 CITY COUIICIL MEETIICO - CC-663 It was IIOved by Counc. Gatto, seconded by Counc. Plungy and passed unanr.ously to adopt Resolution 1C0. 6476. WRITTEII ctMfUNICATIONS 37. None. ORDIICANCKS 38. Second reading of Ordinance No. 12951 ~An Ordinance or the City of Cupertino Rep&aling Certain Ordinanoes Outline in Seot1on 1 and Establishing and Ordinanoe Regulating General Coaaeroial (CG) Zones.~ It was moved by Couno. Plungy, seconded by Counc. Gatto and ~assed unanimously to read Ord1nance No. 1295 by title only and the City Clerk's reading to constitutft the second reading thereof. þ It was IIIOVed by Counc. PI!.1Dgy, seconded by Counc. Gatto and passed unanimously to enact Ordinance No. 1295. 39. Second reading ot Ordinance No. 1297: ~An Ordinance ot the City of Cupertino Amending Seotion 11.20.030 ot tbe Cupertino Municipal Code Relating to All Directional Vebioular Stop Required at Those Certain Intersections Listed in Resolution No. 6235 ot the City Counoil ot the City of Cupertino.~ It was moved by Counc. Plungy, seconded by Couno. Gatto and passed unanimously to read Ordinance 110. 1297 by title only and the City Clerk's rea~ing to constitute the second reading thereat. It was IIOved by Couno. Plungy, seconded by Counc. Gatto and passed unanillously to eDllot Ordinanoe 110. 1297. RESOLUTIOIfS 40. None NON-AGENDA BUSINESS 41. Recognition by Mayor ot special requests. fa) General Audienoe. þ (b) City Council. Date for Commissioners' dinner - By consensus, Council set February 22, 1985 as the date for the Commissioners' diMer. -12_ . MIIIUTES OF m JAlCDARt 21, 1985 CITY COUNCIL MEETIRO _ CC-663 At 10.1"5 p..., the Meting _a adJourned to a closed sesalon. At 10150 p..., tile _ting _a reconvened in open session in Chaaber. 'DIose present were CouncilJlleabers Gatto, Plungy, Spar\ca IIDd Mayor Johnson. Statt _bers present wre City Manager Quinlan, City Clerk Cornelius and City Attorney nl1an. Gill Cable saats mt of franchise - It _s moved by Couno. Plungy, seconded by Counc. Sparks and paased unanimously to direct that this placec1 on the February" agenda. Small Claims - Mark Tyson - It was mo~ed by Counc. Plungy, seconded by Couno. Gatto and passed unanimously to direct the City Attorney to tile an appeal. At 11100 p..., Council adjourned to Monday, January 28, 1985 at 7100 p..., Lower LaY81 Lounge. . ~. C Cleric -13- .