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CC 03-18-85 ~"'~~'r""" .' ::;~,..,:¥.~ '':''''~''''''ë''',,~_~: '". -':T"''''''::''T ~;-"'·"'--'!",·''''''''':~~:l'r'' - ~"1f,·:*'r~.","",":---'l:,'/~~t""<\"--::- .....,~~--:ry:.,;¡.W~,~'''- ·..,.:·,·..·'··1"-. .,. : . " . em or wtDTIIO, stAT! or CALIPOBIU 10300 Torre Avenue, Cupertino, CA 950111 1'elepboae I (4OS )252-11505 þ ~Ul'AS or mr: REGULAR HBBTDIG or TBB CI'n COOICIL IIBLD OM MARCH 18, 1985 D TBB CODICIL CHAMBER CITY HALL, CUPBRTDO, CALIPORII1 Mayor Jolmson called the _t1ng to order at 61117 p... in the Counoll Cbalabar. SAl.UTB TO TBB FLAG ROLL CALL Counoil Presentl Gatto, Plungy, Sparks, Johnson Counoil Absent: Rogers Starr Present I City Manager Quinlan, Deputy City Clerk Villarante Direotor ot Publio Works Vis\covioh Director or Plann1ng .. Develollll8nt Sisk Direotor or Villanoe Sayder Director or Parks .. Recreation Dowl1ng Assistant to the City Manager Brown ComIIIunity Affairs Oftioer Blaokburn City Attorney Kilian þ POSTPOIlEHBHTS OR NEW AGENDA ITEMS Mayor Jobnson stated that iteas 3 8Dd 20 are continued to the _t1ng ot April 1, and itea 25 continued to the _t1ng ot April 15. STAFF REPORTS 1. Oral reports by statt _bars and aubll1uion ot written reporta. City lllmager Quinlan stated to the Council that the Legislati"e Review eo.üttee bad _t at 6115 p... in the Conterence ilooii. Be vent to report em a letter rec"i"ed t'rœ the County regard1ng ___-icatiem costa tor 19M-85 tiscal year and the pouibility ot reaarob1ng a oity owned system. Disousaiem ensued batween statt and Counoil reganl1ng oosts, dispatch and liability. It was the oemS8D8US ot the Couoil to authorize the City Manager to proceed with County and in researohing an alternative oity owned system. -1- þ >-f,:y' - ~ HIIUTBS OF m: HAlCH 18, 1985 CIn COUlfCIL HlBTIlfG . City Hana&er Quinlan reported to Counoil regard1n& a letter received no1;U'Y1n& ot a 5J increase in basia serv1ce rates by United Cable. It was tile oonaensus ot the Council to reter the atter to the Cable TV Advisory CoIB1tt.. tor review and report back on April 1. City Manager Quinlan explained to the Counoil that they had a 90 day review period tor the 1984 Revised Santa Clara County SoUd Waste Manag8118nt Plan. It was the cooseneus ot the Council to reter the report to the Long Tel"ll Sol1d Waste Management Ad Hoc CoIIIII1 tt.. tor review and report baok April 15. City Manager Quinlan reported on the Sberitt's Contraot 83-8~ Fiscal Year warrant Costs. It was the consensus ot the Council to authorize the waiver ot warrant service tor 1984-85. Counoil discuased a letter rF.~eived tram Congressman Zsohau's ottice regarding postal faoil1ties and Mayor Johnson stated he would respond to the letter. . Deputy Clerk Villarante report, 1 on resignation by Carol Ann Butler tro. the Park.. & Reoreation eo-1ssion, the need tor an appo1ntadnt to the IaC Santa Clara County Counoil on Aging, newspaper ol1PP1n&s received, recOlllllendation ot Jean 'lbomas ot Bolle Savinp ot AIIerica to the BMR Subcoaaitt.. and legislatioo received rro. the Calitornia City Clerk's Association. It vas the COIlseesus ot the Council to waive till1n& the Parka & Recreation eo.uasion position till Sept_ber, to appoint Jean 'Ibœas ot Bolle Savings ot AIIIerica to the BMR SubcOlBittee aDd to reter the legislation received to the Legislative Review ec-1tt.. tor the meeting ot April 1. It vas moved by Couno. Sparks, seconded by Mayor Johnson and passed unan1llously to approve appointlllant ot Counc. Rogers to the IGC Advisory Council ot the Santa Clara County Counoil 00 Aging. Direotor ot Public Worka Viskovich presented a prel1a1nary sohedule tor Hiway 85 troll Cal Trans to Counoil aDd alao requested acceptanoe ot agreements tor the sale ot two lot" on Sbadowbi11 with the changes being that the escrow period be extanded to 90 days and that they be allowed to use thei~ own title companied with any additional costs to be borne by the buyer. . -2- · ~";f':4"~~~~~~U.:=' HIBUT8S OF THB MARCH 18, 1985 CITr COUNCIL MBErIIG þ It was IDCIVed by CoW1C. Plungy, secCDded by Counc. Sparka and passed with a "-0 vote to acoept tbe &81"81 unta tor sale ot city property tor $111 ,000 wi tb the escrow period being extended to 90 days and cbange in title COllJ)8DY with any additional costs to be borne by tbe buyer. 2. Report on talse alaN bearingl Louis HODg. It was the consensus ot the Council to upbold the tindinga ot tbe false al8l'lll bearing regarding Louis Hong. 3. Report regarding County Housing Autbority tunctions and tees. Itell continued to the meeting ot April 1, 1985. /¡. Report on consultant tor economic study ot residentisl developments. þ It was IDCIved by Counc. Sparks, seconded by Counc. Gatto and passed witb a 4-0 vote Counc. Rogers absent, to set April 8, 1985 tor an adjourned meeting regarding a Housing Financial Feasibility Study and appropriated $1,000. to retain a consultant tor the meeting. John Delmare, representing Mariani Co., addressed Council regarding a possible General Plan Amendment and Environmental Impact Report requested by tbeIII vbicb bad been put CD bold. Discussion ensued between Council, Delllare regarding a possible EnviroDllental Impact Report variables. statt and Hr. John study Hssion and It was the consensus ot tbe Council to continue tbe discussion to the meeting ot April 15, 1985. 55. Report on costs ot additionsl trattio ento..-ent services. City Mana8er Quinlan, requested Counoil authorization to proceed with tbe increased tratfic patrol ot 20 bourse It was the consensus ot the Council to autboriza the 1IIpl_ntation ot increased trattic patrol bourse 6. Report CD meeting witb Jack Belote ot the scbool district regarding turning lIovement restrictions CD Vista Drive at Stevens Creek Boulevard. » Director ot Public Works Viskovicb presented a report to the Council of his meeting witb Hr. Jack Belote ot the Cupertino Union Scbool District regarding Vista Drive. -3- h'I"""~-,'";J~:O~'" , HDIt1T8S or 1'HE KARCH 18, 1985 eIn COOIICIL HEftING t It was the conoensus ot the Counoil to authorize statt to utilize the Minor Road Improv_~ Fund to 1mpl_n~ the oonneotion point between the Mariani Avenue easemen~ and the School Dis~ric~ property. 7. MonthlY Treasurer's and Budget Report. I~ was the oonsensus ot the Counoil to aooept the report. COUNCIL REPORTS . 8. Mayor Johnson reported on the Mayors COnterenoe. 9. Couno. Gatto reported on the T2000 Task Foroe corridor reoOlllDendations 10. Couno. Plungy - Legislative Review Colllllittee - I~ was moved by Mayor Johnson, seoonded by Couno. Sparks and passed with a 4-0 vote Counc. Rogers absent to take the toll owing aotion regarding pending legislation I recOlllllended Mayor Johnson oontact Beoky Horgan on SB290, supported disability retirement retorm paokage(Seymour). SB l189, SB 1190, SB 1191, SB 1192, SB 1193; AS 2456 (COnnelly). liability¡ took no aotion on AS 43 (Mojonnier). CEQA exemptions regarding bullet train projeo~; opposed SB 130 (Seymour). restriotion on local taxing authority¡ reterred AS 1256 (Campbell), installMent payment ot liability judgements. and AS 223 (Peace), prohibition on collection ot water servioe oharges t'roIII landlord or property owner, to Direotor ot Finanoe; reterred SB 313 (McCOrquodale), oredi t agains~ park dedication tees extended to stock oooperatives, oOlllDunity apartlleftts and oondOll1nilllll projeots. to Direotor ot Pl.._1ng and Develo~nt; opposed SB 115 (Maries), restriotions on local investments and reterred it to Direotor ot Pinanoe tor review. Couno. Plungy reported on the Sister City Program and the annual Cherry BloSllCIII Festival. COICSBNT CALENDAR COuno. Plungy noted the misspelling ot JlArge Barame on the minut9s ot February 19. 1985. It was IDOVed by COuno. Gatto. seoonded by COunc. Sparks and passed with a 4_0 vote Couno. Rogers absent to approve the Consent Calendar with the minutes ot February 19. 1985 amended and the minutes ot Deoember 5, 1984 removed. _4_ It . ' . . . '.'"' ':~"~,~~'~~,::: ,.,", .,-"- PID'UTIS OF THI !WICH 78, 7985 crn COUlfCrL HlBTIIG n. Reaolu~lon 10. 6520: "1 Reaolu~lon or UIe CU., Couna1.l ot the City ot CUpertino AllovinS Certain Cla1u aDd Delunds Payable in the Amounts and Froa the Fullds .. Hereinafter Desoribed tor General and H1scellaneoua Expenditures tor the Period IbUns March 1, 1985." 111. Reaolution 110. 652h IIA Resolution ot the City Council ot the City ot CUpertino AllOlfing Certain Claia and Deunds Payable in the AIiounta and troa the FImda as 1Iereinatter Described tor Salaries and Wages tor the Payroll Period Ending March 5, 1985." 15. Resolution No. 65221 "A Resolution ot the City Council ot the City ot Cupertino Authorizing Executico ot Agreement with Jennings-McDel'lDOtt-Heiss, IDc., Providing tor Engineering Services tor the Plana and Speoitleations tor Median Design on Foothill Boulevard batween Stevens Creek Boulevard and Cristo Rey Drive." 16. Resolution lCo. 6523: "A Resolution ot the City Council ot the City ot Cupertino Approving Final Plan tor IIIprovement ot Frontage Looted on Pasadena Avenue and Granada Avenue; Developer, Monta Vista Associates, a General Partnership; Authorizing the City Engineer to Sign the Final Plan; and Authorizing Execution ot Agreement in Connection Therewith." 11. Resolution No. 65241 "A Resolution ot the City Counoil ot the City ot Cupertino Approving Contract ChanSe Order 110. 1 tor BoIIestead Road and Welte Read Trattlc S1gna~ Hoditieation Project 82-09." 18. Request troa the Moslem Iranian Students Society tor waiver ot buainesa license tees tor 1985. 19. Ratitication ot agre..ent with Lincoln Properties. 20. Minutes ot the adjourned regular meeting ot Dee..bar 5, 19811 (CC-660A). 21. Minutes ot the regular meeting ot February 19, 1985 (cc-665). 22. Minutes ot the regular lDeeting ot March 4, 1985 (CC-666). Vote ÃÏiŠ: NOES: ABSBIIT: ABSTAIH: Members ot the City Council Gatto, Plungy, Sparks, Johnson None Rogers None ITBHS REMOVED FROM CONSEIfT CALENDAr. 23. It.. 20, the lllinutes of the adJourned l118eting ot December 5, 1984 (cc-660;') were continued to the meeting of April ~, 1985. -5- MIIOTES OF THB MARCH 18, 1985 CITY COUICIL fmaIiSU þ ORAL CCHroNICATIOIIS 24. Members ot the audience regarding utters not on the agenda. PUBLIC BEARINGS 25. CoDsidention ot vacation ot a portion ot Adriuw Avenue. (Continuanoe to April 15. 1985 requested.) It.. oontinued. 26. Appeal ot PlaDD1ng Coaaission approval tor revision ot Applioation 6-Z-69. ~B8.-Payleea to allow construotion ot 20.000+ sq. ft. retail store. (To be oonsidered with agenda Item nUllber 29.) ARCHITECTURAL AlCD SITE APPROVAL COIItITTBB APPLICATIONS . 29. Application HC-51,607.1 - !Ik"as Payless (Franoo . Benzo Partnership) - Requesting approval ot moditioations to site. arohitecture. landscaping. light1ng tor an addition to the exist1ng Homestead Square Sbopping Center located on the southwest corner ot Homestead Road and De ADza Boulevard. ReoOlBended tor approval. (To be oonsidered with agenda Item nUllber 26.) Direotor ot Plann1ng . Develo~t Sisk presented the start report to Counoil and presented a briet bistol"1 ot Plann1ng COI81ssion and ASAC decisions regard1ng the application. Discussion ensued between statt and Counoil regard1ng the oonoerns nised by the appeal. Lester Heu. represent1ng Hr. Franoo. presented a briet explanation ot the proposed plan to the Counoil. John Vidovich. represent1ng DeADza Forge ~.!owners. stated to the Counoil that they bad DO objections to the obanges but stated ooncern tor upkeep ot the center and noise troa air oonc11tion1ng units. It was IDOVed by Couno. Plungy. seoonde<! by Couno. Sparks and passed U",,"1IW\usl1 to olose the Publio 8ear'i'lg. Disoussion ensued between statt and Counoil regard1ng the oonditions ot the application. . _6_ HIHt1TBS 0' rHI WCB 18, 1985 CIrr COUIfCIL MEBTDlG . It was IDOTed by Co\U1O. PllUlQ, seconded by Couno. Gatto and passed \lith a 11-0 Tote, Couno. Rogers absent to deny the appeal ot Planning eo..1ssion approYal ot Application 6-Z-69, !&-g--1'a7leaa. It was IIOved by Counc. Sparks, seoonded by Couno. Plungy and paned with a "-0 vote, Couno. Rogers absent to approve ApPlication BC-51,601.1 - Skaggs Payleaa with item 13 uended to inolude hydronlohing. PUBLIC HEARINGS (oontinUed) 27. Six-IIODth review ot Application 15-U-79 (Revised) ot John Vidovich (Edward Iamaoka) allowing up to tive electrically amplified musioal instruments and danoing (Eddie's Lounge). Direotor ot Planning and Development Sisk presented a briet statt report to the Coun..lil. Inn wright, 19698 Wheaton Dr., stated to the Counoil that she has had DO problellS troll the site but wished olar1tication ot their oonditions and cited concern over trash enolosures and IIOtor'Oyole access at the site. She also stated her oonoern over site location ot the post ottice. . It was IDOVed by Couno. Sparles, seconded by Couno. Plungy and passed unanillousl1 to olose the Publio Hearing. It was IDOved by Couno. Sparks, seconded by Couno. Plungy and pas'Sed unan1aousl)" to have statt review the publios DODoems and report baok and stated that Application 15-U-19 ot John Vidovich (Edward I_oka) had passed review. !'LAlOIIlfG APPLICATIOICS 28. Application 6-u-85 ot Grea C. Bunker (Photo Drive-Up): Use Pel'llit to oonstruct " single-stol"1, 4,930 sq. tt. e'tp"ft~ion to the existing 1,210 sq. ft. Photo Drive-Dp faoility tor a total building area ot 6,140 sq. tt. and BDviromaental Reviewl The Planning Coaaission NO__''lds the granting ot a negative Deolaration. the subject property is located on the northwest oorner ot Souther Saratoga-Cb'ft"1V&le Road and Wildfiower Way in a P (Pldnned Development with ooaaeroial, ottice and residential 5-15 dwelling units per gross acre intent) zoning distriot. Recoaaended tor approval. . Director ot Planning & Development Sisk presented statt report to the Counoil stating that Planning CoaUssion had approved the .lppl1cation with the deletion ot the drive-up window. -7- --. ~_....."..,... ~........,...,.-' "C"_ ..."....."':~.<e~. ~.rcr<~r~':~.:R""',~ :,,:>-.rf-7"-r;"~" ........ j ": .~, . MlIU'rIS 0' m MlRCR '8, ,g8S crn COUIClt. ~lIG þ CoUDC. Sparks stated the applicat.ion should go baok to the Planning eo.a1ssion with the changes tor review. COunc. Oatto QUestiODed traffic CODcerns of the area. Mayor Jolmaon questiODed proposed UMS. Ray Rooker, architect for Hr. Bunker, s~ized the proposed chan8es aDd stated be was not prepared to addresII the proposed uses. Be stated he would like to presODt to the Council a proposal including the drive-up Window. COuncil discussion ensued With the conSDSUs ap1nst the addition of a drive-up Window. Ray Rooker explained to the COuncil that. be telt he was mislead by statt in working on the application, that the recOllllendatiODs were in accordance With st.aft approval and that he felt fruatrated in the fact that Council would not hear his proPOsal including t.he drive-up window and appealing conditions. Council discussion eo.a1ssions decision. ensued regarding the Planning þ City At.torney t1lian stated to COuncil that as it was a presentation ot a new plan it should be refered to Planning eo.a1ssion tor review. It was IIOved by COunc. Sparks, seconded by Counc. Plungy and passed With a 11_0 vote Counc. Rosers absent to refer the application to the Planning eo.a1uion for review. Ray Rooker stated to COuncil that be took exception to staffs recœøndation and that the delay Will cause t1nancial hardship to the applicant. UHFIlfISHBD BUSI1fESS 30. None. NEW BUSIlfBSS 31. Review of plans for redesi8l1 of Linda Vista Park. Director at Parks .. Recreation presented a briet staff report to the Council. COUDC. Gatto questioned the extent of the public bearings. þ Caz Abey, arcnitect, presented a briet overview at the proposed changes for Linda Vista Park. -8_ .-'~',.~ y~\ ~·.uo;-·1a"":TOO;CWf~·''''ð"~:)::'''"'' " .. MIlIUTRS OF THE MARCH 18, 1985 CIT! COUICIL MUrDlO . Discussion ensued bet_n Mr. Abey and Council regardiDS tbe proposed plan. It was IIOved by Counc. Gatto, seoOllded by Couno. SparIca and passed with a 11.0 "ote, Couno. Rosera absent to prooeed aDd 1Iapl8lleüt the proposed redes1gn or Linda Vista Park. 32. Household hazardous waste oolleotion day. Couno. Plungy requested the April 27 date be added to the Cupertino Scene. City Manager Quinlan stated OODOerDS to the Counoil or liability and frequency or prosram. It was moved by Couno. Plungy, seconded by Counc. Gatto and passed with a 11-0 vote, Counc. Rogers absent to appro"e 1Iaplementation ot Household Hazardous Waste Collectioo Day. 33. Consideration or an ordinance repealing Section 11.28.070 ot the l'upertino MUnicipal COde pertaining to handicap parking. . (a) First readins ot Ordinance No. 1301 s -An Ordinance ot the City ot Cupertino Repealing Section 11.28.070 ot the Cupertino Municipal Code, Entorc_t ot Parlting Regulations in Private Parking Facilities.- It was moved by Couno. Plungy, seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1301 by title only and the Deputy City Clerk's reading to constitute the tirst reading thereat. 34. Report on bid opening and award ot contraots (a) Subcl1v1sion t.¡)rov_ta - Hoover and Jollyun sites, Project 811-11. (b) Asbestos re.oval, Hoover and Jollyaan SubdivisiOll, Project M.11-2. It was IIOVed by Counc. Plungy, seconded by Counc. Sparka and passed ananiJlously to approve the tOllow1ngl 1. Tbe intormal bidding procedure tor asbestos l'8IIIOval 011 the basis that this aethod was the only way to_t proposed schedule. . 2. Award ot contract tor asbestos removal to General Industrial Insulation Inc. in the amount ot $30,000. based on the lowest bid. -9- HIIUTBS OF TBB MARCH 18, 1985 cur COUIICIL HBlTIIO , 3. Avard ot contract tor Hooyer OOGstruotion project to Ra1sch Construction in the !mOUDt ot $256,286.00 besed on the lowest bid. II. Avard the cootraot tor JollJIUD construction project to Galeb PaYing in teh IIDOUDt ot $316,500. based on lowest bid. Counc. Gatto expressed his concern re¡ard1ng pertorunce ot contractors and bond requirements. 35. Claia tor OOIIparative indlllllDity, BtIIinaD Y. F:ta.. It was IIOVed by CoUDC. P1UDgy, seconded by CoUDC. Gatto and passed with a I..O vote CoUDC. Rogers absent to deny claia ot BtJofnt'n Y. FIlial as per ity Attorney recCØl8ndation. 36. Consideration ot IlL ordinance prohibiting stopping, standing or parking on Lazaneo Drive. (a) First reading ot Ordinance Ho. 1304: "An Ordinance ot the City ot Cupertino Allending Section 11.211.150 ot the Cupertino Hunicipal Code to Prohibit Stopp1ng, Stand1:l8 or Parking on Lazaneo Driye." t It vas IIOYed by CoUDC. Plungy, seconded by CoUDa. Sparks and pac~ad to read Ordinance Ro. 13011 by title only and the Deputy City Clerk's reading to conatltute the tirst reading thereot. VRITTBII CONroHICATIOHS 31. Hone. ORDIRAHCES 38. Second reading ot Ordinance Ro. 1299: "An Ordinance ot the City at Cupertino &,"...HI'II Section 1 ot OrdinanCe Ro. 2 by Rezoning ApproXillately 1.1 Grosa Acres rro. CO Zone to P Zone; Located on ';be Vest Side ot De Ana Boulevard ApproXillately 1150 Ft. South ot McClellan Road. " It vas IIOVed by CoUDa. Plungy, seconded by CoUDa. Gatto and passed to read Ordinance Ro. 1299 by title only and the Deputy City Clerk's reading to constitute the second reading therot. It was IIOved by Counc. Gatto, seconded by CoUDa. Plungy and passed unanimously to enact Ordinance Ro. 1299. . -10- MIIfUTES or TIlE HAIICH 18, 1985 CIn COUICIL HEB'rIHG þ R!SOLU'UOMS 39. Hone. HON-AGElfDA BUSDIESS "0. Reoognition by Mayor ot special requests. (a) General Audienoe. Ann Anger stated to Counoil that abe bad reoently attended a l118eting ot 18AG and requestÑ that oopies ot the llinutes be sent to her it possible. (b) City Counoil. Mayor Johnson stated that the proposal by Couno. Rogers would be oonsidered at the next l118eting in her presenoe and disoussed the letter reoeived rro. Tri-County Apart~t Association and requested meeting with City Attorney regarding the matter. Assistant to the City Manager Brown questioned the review by Counoil ot the proposed resolution and ordinanoe regarding rent in the oity. . Couno. Gatto questioned statt regarding neighborhood trattio hearings near the Photo Drive-Up looation and stated he would like baokground iDtoration. Direotor ot Publio Works ViskoVioh state1 to Counoil that the intormation rro. the publio hearings would be brought' betore thea. Ceo'Alo. Sparks stated be would like calitornia Earthquake ~ reparednesa Week ot April 15-20 advertised in the CUpertino Scene. ADJOIIRIIMBIIT HeetUlg was adjourned at 8:36 p... Respectfully Subaitted, . -11-