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CC 04-01-85 · eIn OF CUPBIITIIO, STATE or CALIPORIU 10300 Torre AYenue, CUpertino, CA 9501_ Telepbonel (408) 252-4505 cc-668 MINUTES or THB RmULU MBi1TIIfO (11 THB eIn COUICIL HELD OK APRIL 1, 1985 III THB COUICIL CHAMBER, em BALL, CUPIRTIIIO, CILIPORIIA ~. SALUTB TO THE FLAG Mayor Johnson called the Meting to order at 6150 p... in the Counail Cbaaber, City Ball. ROLL CALL Couna. Presentl Gatto, Plunø, Rogers, Sparka, Mayor Johnson Statt Presentl City Manager Quinlan City Clerk Cornelius Director ot Planning and Development Siale Director ot Parka and Recreation Dowling Assistant to the City Manager Brown CaalDity Attairs Ottiaer Blaakburn Assistant City Bnsineer Whitten Deputy Treasurer Bottllan Planner I BlDnendyk City Attorney Ul1an POST?OIfBMBNTS OR IŒIl AGERDA ITEMS - Itea 20 ~ved. STAFF REPORTS 1. Oral reports by staN' _hers and aubaiaaiCD ot 1Iritten reporta. City ,c........r·s ReDOrt ToXia LRka - It vas aoved by Couna. Ropra, seconded by Couna. Gatto aDd passed .......i-usly to approve the aODOepta as Presented in Exbibit C and direct the City Manapr to notity the appropriate le8islators. Council requested thet intONation regarding a super agenay or person to be in aharse ot the prograa be plaaed CD a future agenda. Model City - By consensus, Counail decided to malee DO response reprd1Jl6 this proDOaal. City Clerk's .~ It was moved by Couna. Sparks, seconded by Couna. Rogers and passed unan1llously to oppose SB 115 and AS 223. -1- TDxi.c leaks Model City Oppose SB 115 and AB 223 I . AB 1109 Snyder res- ignation from Recycl- ing Com. Median hous- hold income data . Public hearing to consider rate increase Housing Auth. Charges rescinded . MIICUTES OF THE APRIL 1, 1985 CITY COUHCIL MBBTIJIO (CC-668) It vas IIOVed by Couno. P1UIIØ, seconded by Couno. loSers and passed ."",,,i¥USly to reter AS 1109 to tile D1reOtor ot Publ10 Works tor review and oQ_mt. lIeo)"oUng eo-1ttee - 8)" OODMllSUS, Couno':'l aooepted the resignation ot Allen Sn)'der and directed that two openings on tile Reo)"oling eo-1ttee be publioized. The Clerk will aocept appl1oatiOftS until April 30 and Council will coad\1ot interviews Ma)" 6. 2. Report au scope ot work and cost estimates tor oonsultant(s) to oollect data regarding aedian household incomes ot persons employed in the City ot Cupertino. It was moved by Couno. Sparks, seconded by Couno. Plungy and passed unan1lllously to approve with the olarifioation ot the section titled "Options." 3. Report regarding United Cable Company rata inorease. The City Attorne)" advised Counoil to allow United Cable Television ot Cupertino to subllit the neoessary tiDanoial data to justity a 5J basic rate increase. He stated that the City can still regulata ratas tor two years. Rand)" Zrelalt, General Manger ot United, was directed to oontaot the Assistant Cit)" Engineer regarding d~ts neoesse!")" to be subaitted. By oooaenaus, Council set Ma)" 6, 1985 tor a publio hearing to oonaider the requested rate inorease. 4. Report regarding County Housing Authorit)" tlmotiooa and tees. The Ma)"or, Couno. Sparks and Direotor ot PlaJming and Develo¡IMnt Sisk will Met aDd disouss this matter. 5. False alar'll hearing - K1tohell Brothers. It was IIOVed by Counc. Sparks, seconded by Couno. Gatto and passed unan1llOualy to approve rescinding charges 10 the amount ot $331. -2_ · . MINUTES OF THE APRIL 1, 1985 CITY COUHCIL MEETING (CC-668) COUNCIL REPORTS 7. Couno. Gatto - II18hway 85 Task Porce - A oopy ot the report will be sent to CoDgres~ Zaohau. 8. Couno. Plungy - Le&1slative Review Coaaittee - It was IIOVed by Couno. Sparks, seconded by Couno. Rogers aDd passed unan1lllously to take the tollowing aotions regarding proposed legislation I Support AD 167 (petition signatures), oppose sa 91 (state ballot arS\.llll8nts), suPPOrt sa 93 (08IIIpaign literature), oppose sa 887 aDd AD 2198 (revising or repealing Maylor Bill), support AD 1978 (rev1sing original Maylor B111>, support AD 216 (unemploYMDt insuranoe), oppose SB 1254 (untair labor praotioes), oppose AD 1473 (mandatory redevelopment set-aside ter school distriots), opposed sa 582 and AD 1954 (oity reillburseønt undated, oounty property tax ada1nistration), oppose SB 1356 (Brown Act to inolude non-protit organizations), rerer AD 724 and sa 418 to Direotor ot Finanoe tor report. Couno. Sparks - Low powared television station - Couno. Sparks requested into....tion regarding a low powered television station tor CUpertino. Assistant City EDgineer Whitten will bring the ..tter to the Cable Television Adv1sory Coaaittee. CUIiSEICT CALENDAR It was IIOVed by Couno. Gatto, seconded by Couno. Plungy and pused with Couno. Rogers abstaiD1ng to approve the Consent Calendar as subllitted. (City Clerk's Hotel eouno. losers had been absent troll the previous Counoil .eating.) 11. Resolution Ho. 65251 "A Resolution ot the City Counoil ot the City ot CUpertino Allowing Certain Cla1lls and Demands Payable in the AIIounts and ProIa the Funds as Hereinafter Desoribed tor General and Misoellaneous Expenditures tor the Period Ending March 15, 1985." 12. Resolution Ho. 65261 "A Resolution ot the City Counoil ot the City ot CUpertino Allowing Certain Cla1lls and DelDands Payable in the Aaounta and troll the Funds as Hereinafter Desoribed tor Sataries and Wages tor the Payroll Period Ending March 19, 1985." 13. Request from Kiwanis Club tor waiver ot tees tor use ot Monta Vista Reoreation Center tor fund raiser. -3- Highway 85 Legislative Review Low powered TV station Consent Calen- dar approved · MIHUTES OF THE APRIL 1, 1985 CIn COUIfCIL MEBTIIIG (CC-668) 14. Aooeptanoe or munioipal iaprovemeots: Traot 10. 7099, Monte Bello Estates - Voss Avenue. 15. Resolution No. 65271 -A Resolution or the City Counoil or the City or Cupertino AuthoriZing Execution or Agreement with Royston, RIInamoto, Alley' Abey ProViding ror Landscape Architectural Services ror Linda Vista Park.- 16. Aooeptanoe or City projeots perrOrmed under oontraotl (a) StOI'lll Relier Project 85-106, Itrzioh Plaoe and Foothill Boulevard. (b) Hiller Avenue Sidewalk Improvements, Projeot 85-105. þ 17. Resolution No. 6528: -A Resolution or the City Counoil or the City or Cupertino Approving Contraot Chan¡e Order No. 1 ror Hiller Avenue Sidewalk Improvements Projeot 85-105, and Authorizing Appropriation.- 18. Resolution No. 65291 -A Resolution ot the City Counoil ot the City ot Cupertino Authorizing Exeoution ot Quitola1m Deed ror Underground Water Rights to San Jose Water Company - Traot 7682, Lot 28, Hoover Site.- 19. Resolution No. 6530: -A Resolution ot the City Counoil or the City or Cupertino Autborizing Exeoution or A8re_nt witb the City or Sunn)"Yale ror \)Verlay or Homestead Road - Phase II.- 20. Minutes or the adjourned regular meeting or Deo_ber 5, 1984. (ce-660A) - R8IIOved. 21. Minutes or the regular _ting or March 18, 1985. (cc-667) !2H. Members or the City Counoil ArBS: NOBS: ABSBIIT : ABS'lAINI Gatto, Plungy, None lCone Rogers Sparks, Johnson ITEMS REMOVED FROM CONSENT CALENDAR þ 22. lCone. _4_ MINUTES OF THE APRIL 1, 1985 CITY COUNCIL HEETIICG (CC-668) ORAL COtI4UNICATIOIS 23. Hellbars ot the audience regarding utters not on the agenda. Marty Killer, .&rohiteotural and Site Approval ec-1ttee, addressed CoUDoll regarding the appointment ot a design Protessional to the ourrent vacancy 011 ASAC. He also susgested a training progru tor those on the oollllll1ttee who are not design protessIonals. Richard Morrison, _bar ot the Architectural and Site Approval ec-1ttee, supported the idea ot design protessionals on that Committee. PUBLIC HEARINGS 24. None. PLANNING APPLICATIONS 25. Applioation 6-U-85 ot Gregg C. Bunker (Photo Drive-Up)a Use Penùt to oonstruct a single-story, 4,930 sq. tt. expansion to the existing 1,210 sq. tt. Photo Drive-lJp taoility tor a total bUilding area ot 6,140 sq. tt. and BnvirollMDtal Revie\;1 The Planning ec-1ssion reo_Dds the granting ot a Negative Declaration. The subject property is located on the northwest oorner ot South Saratoga-&mnvyale Road and Wildfiower Way in a P (Planned Develo IIIeDt with o_roial, otfice and residential 5-15 dwelling units per gross acre intent) zon..ng distrIot. ReoOBDended tor approval. It was IIIOVed by CoUDC. Sparks, seconded by CoUDC. Gatto and passed unanillous!y to grant a IIegative Declaration tor ApplicatIon 6-U-85. It was moved by CoUDC. Sparòcs, seconded by CoUDO. Gatto and passed unan1lllOus!y to approve Application 6-U-85 per Planning ec-1ssion Resolution No. 2615. ARCBITBCTUIW. AND SIm APPROVAL COMMITTBB APPLICATIONS 26. 1C0ne. UNFINISHED BUSDIBSS 27. Report on complianoe with conditions _ Application 15-U-79 (Revised), John Vidovioh (Edward Yamaoka). -5- Design profes- sionals on ASAC Negstive Dec. for 6-U-85 6-U-85 approved . l5-U-79 (Rev. . Waiver of towing fee Public hear- are .cation of Gill fran- chise MIIIUTES OF THE APRIL 1, 1985 CITY COUNCIL MEEI'IIIO (cc-668) Director ot Planning and Develo lllent; Sisk intol'Md Counoil that the applioant baa already taken steps to 0QIIP11 witb the oonditions ot the use permit. Counoil requested that Mr. Siak alllO oheck on a tree in the parking lot and Continue to monitor complianoe. Ann Wr1gbt ot Wheaton Drive expressed satety ol'lnoerns regarding the ohain used to stop trattio troll using the baok all81Wa1. She stated that it needs a refiector so it is more easily visible. NEW BUSINESS 28. Appeal ot August, 1983 towing oharges Charles Vasile. Mr. Charles Vasile addressed Counoil regarding August, 1983 towing charges. Assistant City Engineer Whitten stated that althoUSb be does not reoall this speoitio inoident, he had investigated other towing charges and approved waiver when appropriate. Since this Oharge had not been waived, he oould onl1 assUllle it was a legit1mate o!large. Mr. Vasile intonaed Counoil that he had originallY reoeived the bill in 1983, had talked with Mr. Whitten and heard no more. 'rheretore, he assumed it had been taken oare ot. Be was not billed again UDtil late 1984. It was IIOved b1 CoUDO. Sparka that Mr. Vasile pey the .25 towing tee. Tbe motion died tor a laok ot second. It was moved by CoUDO. Gatto, seoonded by CoUDO. Plunø and passed with CaUDO. Sparks dissenting to authorize waiver ot the .25 tee. 29. Request that Gill Industries, Ino., a Delaware Corporation be reoognized as assignee troa G11l Industries, Ino., a Calitornia Corporation. (a) Resolution Ro. 64981 -A Resolution ot the City Counoil ot the City ot Cupertino Recognizing o.i11 Industries, A Delaware Corporation as Assignee rro. Gill Industries, Ino., a Calitornia Corporation. - Tbere was no representative tram Gill Cable Television present. It was moved by Couno. Rcgers, seconded by CoUDO. Sparks and passed unanilllousl1 to set Hay 6, 1985 as lobe date tor a public hearing to oonsider revoking the franohise for Gill Cable to operate in the City of CUpertino. -6- MINUTES OF 'l1lB APRIL 1, 1985 CITY COUNCIL MEBTIIIO (cc-668) 30. Reterral t'roQ City ot Santa Clara regarding a ZOD1n8 request tor the Warren School site located at the terminus ot Bovard Drive adjaoent to Freeway 280. It vas IBOVed by Counc. Rosers, seconded by Counc. Sparks and passed unan1aoualy to direct statt to send a letter to the City ot Santa Clara indicating no conceMla with the proposed development. 31. Statt report regarding the State Mining and Geology Board Dratt EnviroDlMntal Impact Report tor Mineral Resources Designation. It vas moved by Counc. Sparks, seoonded by Counc. Rogers and passed unan1aously tor statt to prepare lI1neral resource policies, prepare response to dratt BIR requesting it contain detailed intormation ot trattic probleu and realistic mitigations measures, indicate sector 11 is either developed or ~ubjeot to pending development, provide a more detailed use_nt ot esthetics relating to quarrying operations, attend pending board _tinge regarding designation ot sectors within city's planning area and request that sectors 11 and PP not be designated due to their prox1lll1ty to urban areas. 32. Proposal tor agenda review subll1.tted by Counc. Rogers. COuncil discussed various intormation that could be placed on the character generator u well as other methocla ot 1JIproving dirlOCl'ft/education between City governaent and citizens at the least UIOunt ot expense to the City. It vas moved by COunc. Sparks, seconded by COunc. Rogers to authorize start to prepare a prograa troll 10-20 lI1nutea which would teature the history ot CUpertino, intONation regarding City govel'Dllllnt, _rgenay phone nllllbera and COuncil agenda I'f"view to be presented by a start perllOl1. It vas moved by COunc. Sparks, seconded by COllnc. Rogers and passed unan1aoualy to revise the mtion to state that the statf shall develop a tive-ainute agenda brieting program. By consensus Counoil requested that both City COuncil and P]Rftnfng Commission agendas be placed on the character generator in layperson's language r-ediately upon agenda preparation. Council directed statt to COIII8 back at the next _ting regarding date ot implellentation tor the agenda MView program. It possible include that ~view at the end ot CUpertino Insight. -7- No concerns Mineral re- source policy Govt. channel . Public hear- ing re Olive .. closure Contract to Covey Trucking Res. 653l adopted . I MIIIUTES OF THB APRIL 1, 1985 CIn COUIICIL MddIG (CC-668) It was lIO.,ed by Couno. PlungJ, seconded by Couno. Gatto and passed ''''.''i-us17 to direct start to prepare aD eduoatioaal .....nt on whet the Consent Calendar is and !nro.-tion reprding other aspeete ot the agenda and t'unotion ot City lO.,erllMDt. Sepents are to inolude graphios and integrate the use ot protessionals. This tape will be shown periocUcally on Cbannel 30. 33. Status report on proposed Olive Avenue cul-de-sao and sett1ng date ot public hearing. Alyene Daggett, Monta Vista BcaeOWDers Association, stated that residents ot the area are in support ot the closure ot 011.,e A.,enue. Assistant City Engineer Whitten inf'Oraed Council that the Departaent of' Publ10 Works would like at least 45 IIOre days to gather data. By consensus, Council set May 6 tor a public hearing to consider closure of' Oli.,e Avenue. 34. Report 011 bid opening tor Poppy Drive Demolition, Project 80-9, and award of' oontract. It was lIO.,ed by Counc. Sparks, seconded by {:Cunc. Gatto and passed .",."imus17 to award the contract to C)Yey Trucking Ccllpaft7 in the 8IIOunt ot $8,984 baaed on lowest bid. 35. Adoption of' Develo MDt Agru.lnt tor ItIltiple FullY Mortsaae Revenue Prosraa (Pro.etheUS De"elos-ent Co.). (a) Resolution Bo. 65311 AA Resolution of' the City Council of' the City of' Qlpertino Authorizing Bxeoution ot DeYeloper Agree.ant Betveen Cupertino City Center ApartMnts I, A Calitornia L1Jd.ted PartDeranip, the City ot CUpertino aDd the County of' Santa Clara, Itllti-Ful17 Rental Housing Revenue Bond Prograa. A It vas lIO.,ed by Counc. Sparks, seconded by COunc. Gatto and passed """"i_US!)' to adopt Resolution Bo. 6531. Planner I Binnendyk ansvared questions ot Council. Counoil requested inf'o.-tion regarding the County's mecbanisa f'or detenú.ning the 8IIOunt ot month!)' rental tor those renting under this progru. 36. Rec_ndation trom HUIIIIID Services CoaIIIittee for f'und1ng of' non-profit organizations for FY 1985-86 _8_ , -J¡'W"' - , - iuftuIISS OF THE APRIL 1, 1985 CITY COUIICIL MBBTIltO (CC-668) Assistant to the City Manager Brown revlend the Proposal nth Colmoll. It VU IIOved by Couno. Plungy. aeoonded by Couno. Gatto IDe! passed UIW11110ualy to adopt Resolution He. 6532 allooat1Dl CDBO fUnds, to approYe fUnd1Dl tor Cupertino C'~...1 ty SerYlop. ($7.500). the Food Bank ($3.600), Senior Da1 Care SerYloes ($3.000) . Mid-Peninsula Support Retwork < $3. 500) . Viotllll Witness Assistance Center <$500). OIIIbudllllaD Prosra ($2.500), and to approYe that it CDBO fUnds are not used. they along nth .8.000 be transterred to the Senior Citizen Bouaina Fund. It was IIOved by Couno. Plungy. seoonded by CoUDO. Gatto and paaaed nth Couno. Spar\ca diaaent1Dl to approYe use ot General Fund tor any sborttall tor 1985-86 tiscal year because ot unuaual olroUlUtanoes. Counoll requested speoitl0 intol'll&tlon program tor senior oitlzen bou'1DI. regarding the ORAL CCHroHICATIONS 37. None. ORDIICANCBS 38. Second readina ot Ordinanoe 10. 13011 "An O!'d1nanoe ot the City ot Cupertino RepealJ.ns Section 11.28.070 ot the Cupert1llo Øm101pal Code. !otorO-'Jllt ot Park1D& Regulatlol11S in 1'I'1vate Park1n& FaoUltles." It VU IIOved by Couno. Plungy. aeoonded by Couno. Gatto IDd passed '....nf_ualy to read Ordinanoe 10. 1301 by title 0Dl7 and the City Clerk's read1Dl to oonatltute the HOODd read1Dl thereot. It VU IIOVed by Couno. Gatto. MOODded by Couno. Rogers IDd passed .....nf_....1y to enact Ordinanoe 10. 1301. 39. Second rud1Dl ot Ordinanoe 10. 130lh "An Ordinanoe ot the City ot Cupertino bend1Dl Sectloa 11.2".150 ot the CUpertino )b lolpal Code to Prohibit StoPP1Dl. Stand1Da or Park1Da on Lazan80 Drive." It vas IIOVed by Couno. Plungy. seconded by Couno. Gatto IDd passed tln.nf'l'Oualy to read Ordinanoe Ro. 13011 by title 0Dl7 and the City Clerk's reading to constitute the aeoODd reading thereot. -9- Res. 6532 adopted Use of General Fund for shortfall Second reading of Ord. I301 Ord. 1301 enacted Second reading of Ord. I304 .' . .. Ore!. 1304 enacted Fedl!ral tax chang..s . . MIIIUTBS OF THE APRIL " 1985 CITr COOtICIL MBBTIIO (CC-668) It vas 80Ved b1 Couna. Gatto, secOGded b1 Couna. Rogers and passed ,m...i_ua17 to _at OrdiDaDoe Ro. 130'. RISOLUTIoøs 110. loDe. IOII-AGBllDA BUSIlfISS ". Recognition b1 Mayor ot speaial requess;s. (a) General Audienoe _ None. (b) City Counoil. Couna. Sparks brought up the proposed tederal tax changes. By oonsenaus Counail req,¡ested that a resolution be on the next; asenda oppos1ng certain proposed tederal tax changes. Couna. Rosera stated that cons. Zsobau bas requested data re¡ard1n¡ the paperwork ¡enerated b1 tederal requireønta tor suob prograu as eo.unJ.ty Development Bloak Grent, eto. MaJor Johnson stated that he wuld make arrana_nta tor Counail to meet with Diane lfoJ[enna. (0) Statt - None. At 9107 p.II., Counoil adjourned to 7100 p.II., April 8, 1985. ~~.~ ërt; Clerk -10_ ··:'i"-·',