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CC 04-15-85 -O'~~"~". ~.....~~.~('::~.. _'I\",,,:,,·..-t;t't.T'~, . . " CIn OF CUPBRTDIO. STATE OF CALIPOBRU 10300 Torre Avenue. Cupertino, CA 9501. Telephone: (408) 252-4505 HDIUTES OF THB IIIGUUJI ern OOUICIL MBl'rDO HBLD ON APRIL 15. 1985 II THE COUICIL r.IU..... CITY HALL. CUPBRTIIfO. CALIFOIIIIIA cc-669 Mayor Pro Telllpore Rogers called the --tills to order at 6150 p... in the Counoil Chamber. City Hall. SALUTE TO THE FLAG ROLL CALL Couno. Present I Gatto, Plungy. Mayor Pro Tempore Rogers Couno. Absent I Sparks, Mayor Johnson Statt Present: City Manager Quinlan City Clerk Cornelius Direotor ot Publio Vorles VislcoYich Director ot Plannill8 and DevelopMnt Sisk Director ot Finanoe Snyder Direotor ot Parks and Reoreation DovliDs Assistant to the City Hlmager Brown (8100 p...) eo-unity Att'airs Ottioer Blaokburn (7100 p...) City Attorney Kilian POSTPOfŒtÐfTS OR NEW AGBliDA ITEMS - Itea 110. 33 vas continued to June 3. It_.2 vas continued to Hay 6. Items 22 and 37 were reIIIOYed rro. the aaeDda. (City Clerk's Hotel Itea 22 vas later reaobedulecf tor May 6.) STAFF REPORTS 1. Oral reports by statt _bers and llUbûaaion ot written reporte. City Clerk's ReÐOrt - It vas mY8d by Couno. Gatto. secoDded by Couno. Plungy aDd paned '.......t_ly to aooept the resignation ot Richard Morrison rro. ASAC aDd to oonduot interviews to till the position on May 6. 1985. 2. Treasurer's Report - Maroh, 1985. Received. 3. Report on delinquent business taxes. -1- "<";',~ Morrison resig- nation from MAC ·' _ection of delinquent business taxes Legislative Review Architect for Civic Center expan- sion .way l7 CollllllUDication center Item relllOved, balance of Cocsent CaJendar approved . .... , , ~.", MDIUT8S OF 'l1IB APRIL 15, 1985 CIn COUIICIL HEBTIICO (Cc-669) It vas moved by Cc>;mo. Plunø, seconded by Collno. Oatto and pallSed IlDAft1'"01111ly to authorize oolleotioo ettort. COUNCIL REPORTS 6. Counc. Plunøl Legilllative Review CoaD1ttee - It vaa ~ved by Couno. Gatto, seconded by Couno. Plunsy and paned IlDAft11110usly to support the concept ot a aeparate traDalt. board sa reo~"'lnded by AD 580, to oppose AD 1109 unless amended to delete landtill surcharge; to oppose 18 124, aales taxI to IIUPPOrt. sa 418, property tax audit; to support AD 1138, oonstruction IICbedule; to continue support ot S8 75 and SB 639, deep pooleet; to request a copy ot SB 1091, no property tax, oities; to support sa 880, PVBA funds; to oppose SB 1398, binding arbitration; to oppose AD 1280, truck tel'll1nal legislation; to oppose SB 1039, redevelopment; to oppolle AD 143, interest payments on security deposits. 7. Counc. Rogers - Civic Center Bxpansion - Hayor Pro Tea Rogers announced that on Hay 6 Counoil will be requested to aeleot the architeot. tor the Civio Center Expansion. Highway 17 - It vaa moved by Couno. Oatto, seconded by Couno. Plunsy and passed 'mAn1mously to endorse the concernll ot Los Oatos and Campbell regarding probl_ ot Highway 17, but to request that no monies be drained troIa Highway 85 completion. County Communication Center - City Manager Quinlan stated that an operational JPA does not look desirable tor Cupertino. However, the City is looking at operat.in8 a o~catlon oenter tor Cupertino or perhaps operatin8 one tor the area aerved by the Sberitt'lI Department. The City Manager intOI'lled Counoil that he would report baole at the Hay 6 _ting reprdin8 aeleotion ot a consultant on this iaaue. CONSBHT CALENDAR Hayor Pro Tea Rogers I'eIIIOved Itea 17. It was moved by Collno. Gatto, aeoonded by Counc. Plunsy and pasaed unanimously to approve the balance ot the Consent Calendar as subllitted. 9. Resolution No. 6533: w. Resolution ot the City Counoil ot the City ot Cupertino Allowing Certain ClaiIIs and DtlllaDds Payable in the Amounts and From tbe Funds sa -2- MlIU'rIS OP THE lPill. '5, ,gaS CUt COUNCIl. Mn'rIltG lCC-(69) 9. (continued) Hereinafter Described tor General and Miscellaneous Expenditures ror the Period Ending Maroh 29, 1985." 10. Resolution lCo. 65341 "A Resolution or the City Counoil or the City or CUpertino Allowing Certain Claw and Deands Payable in the .wounts and rro. the Funds as Hereinarter Desoribed tor Salaries and Wages tor the Payroll Period Ending April 2, 1985." 11. Aooeptanoe or .unioipal improvements: (a) Treot 7521, Carmen Road - Terry Brown project. (b) Madrid Road - Ters-y Brown proJect. (No supporting documentation.) 12. Request tor waiver ot business license tees: (a) Greenpeace. (b) Iran Relier Fund. 13. !lesolution lCo. 6537: ftA Resolution or the City Counoil ot the City or Cupertino Supporting Designation or Juan Bautista Hational Trail." 14. Resolution Ho. 6538: ftA Resolution or the City Counoil ot the City or Cupertino Supporting ROberti-Z'Barg Block Grant Application." 15. Resolutioa Ho. 6535: "A Resolution or the City Council ot the City ot Cupertino Authorizing Execution ot Quitolaia Deed tor Underground Water Rigbts to San Jose Water eo.pany - Traot 7683, Lot 20, Jollyman Site." 16. Resolutioa Ho. 65'11; ~Resolution or the City Council or the City or Cupertino Approving tbe Final Map and r.prov_t Plans ot Tract Ho. 7738 Located on the East Side ot Stelling Road between Shadowb1ll Lane and Robindell Way; Developer, BAS IfoIIes, Inc.; Acoepting Certain Ra-I Ints; Authorizing Signing ot Final Map and r.prov_t Plans; Authorizing the Execution ot Agre_t in Conneotion Therewith." 17. R8IIOved. -3- KINUms OF THE APRIL 15, 1985 CITY COUNCIL MUTING (CC-669) . ~ AYES I ICOESI ABSEICT I ABSTAIN: Meabers of the City Council Gatto, PlunQ, Rogers None Spa:'Ics, Mayor Johnson None ITEMS REK>VED FROM CONSFAT CALEICDAR 17. Minutes or the regular meeting or April 1, 1985. (Cc-668) April 1 IlÚnutes approved It va!! IDOved by Counc. Rogers, seconded by Counc. Gatto and passed unan1JDOusly to approve the April 1, 1985 ra1nutes or the City Council. ORAL COMHUNICATIOICS 19. Proclamation honoring Cupertino Federated Woman's Club. Representatives or the Cupertino Federated Woman's Club received the proclamation t'rom Mayor Pro Tem Rogers. They also presented the City with a cake. . 20. Proclamation declaring National Coin Week in the City ot Cupertino. Representatives ot the Cupertino Coin Club received the proclamation and presented ~les ot their stationery and inrormational items to the City. They expressed a desire to participate in the Sister City Program. As a _nto or National Coin Week they submitted a list or the books they have donated to the Cupertino Library. Leader or Pack 411 (Webelos), Mr. Hurray, and bis son Kevin, addressed Council regarding the Pinewood Derby which will be held at the Scout-a-ruaa. He vas intormed that TOIa Weber would contact hill regarding an entry t'raa the City. PUBLIC HEARIICGS . 21. Application 2-Z-85 ot Pan Cal InvestlDent Co. (Joe Chui) , rezoning approxillately 2. 14 gross acres troa R1-10 (Residential Single-Faaily. 10,000 sq. tt. 1lÚnt.um lot size) zone to P (Planned Development with Residential 5-10 dwelling units per gross acre intent) zone and Environmental Review: The Planning Commission recoaaends the granting or a Negative Declaration. The sUbject property is located on the southeast corner ot Blaney Avenue and Price Avenue. Recommended tor approval. This application to be heard in conjunction with Application 2-Z-85. -4- HINtITES OF rHB APRIl. 15, 1985 CITY COUNCIL HEETING (CC-669) 21. (a) First reading ot Ordinance No. 12931 -AD Ordinance ot the City ot Cupertino &.ending Seotion 1 ot Ordinanoe 1C0. 2 by ReZOl1ing Approx1aately 2.14 Gross Aores trom R1-10 Zone to P Zone; Located on the Southeaat Corner ot Blaney Avenue and Prioe Avenue.- PLA!lHING APPLICATIONS 24. Application 3-U-85 ot Pan Cal Investment Co.Ipany (Joe Chui): Ose Perait to oonstruct 10 detached single-tllll1ly dwelling units and Environmental Review: The Planning eo-1ssion re~nds the granting ot a Negative Declaration. The subJect property 111 located on the southeast corner ot Blaney Avenue and Price Avenue. Rec_nded tor approval. This application to be heard in conJunotion with Application 2-Z-85. Director ot Planning and Development Sisk and Direotor ot Public Works Viskovich addressed Council regarding realigning the proposed new street. Jia Jackson, 10401 Somerset, representing the applicant, reviewed tor Counoil a history ot the application and various alternatives. J. B. Burke, 19935 Price Avenue, expressed support tor proposed Alternative A. Dave Gareliok, 10132 Deeprose Place, also expressed support tor Alternative A. Be re~nded that whatever plan is approved save as IIUOh land on the corner as possible t'or the developer II ) as not to reduce the value. Be ~ed aligning the street to preserve the end two lota. It was IDOVed by Couno. Gatto, seconded by Counc. Plungy and passed .""'n1_ly to olose the pUblic hearing. It was IIOved by Couno. Gatto, aeconded by Caunc. Plungy and passed IInan1_ly to approve the granting ot a Negative Declaration tor Application 2-Z-85. It was IIOved by Couno. Gatto, seconded by Counc. Plungy and passed .""'n1-oualy to approve Aprlication 2-Z-85 per Planning eo..1ssion Resolution Ro. 2609. It was IDOVed by Counc. Plungy, seconded by Counc. Gatto and passed wu,n1-ualy to read Ordinance No. 1293 by title only and the City Clerk's reading to constitute the tirst reading thereat.a -5- Public hearing closed Regative Dec. for 2-Z-85 2-Z-85 approved First reading of Ord. l293 ..tive Dec. 3-U-85 3-U-85 approved Vacation of 5CB continued . Public hear- ing closed Negative Dec. Res. 6540 adopt.ed, Waste Manage- ment . KI/f\JTES OF THE APRIL 15, 1985 CITY COUKCIL HBBTIHG CCC-669) It _s DIOved by Couno. Gatto, seconded by Couno. Plungy and passed U1>Anh'Ously to approve the granting ot a Negative Deolaration tor Application 3-U-85. It was DIOved by Couno. Gatto, seoonded by Couno. Plungy and passed '\f\lIn1""'usly to approve Applioation 3-u-85 per Planning Comaission Resolution No. 2610 with Condition No. 16 øended to read, "Exhibit A 3rd Revision" and tbe addition ot Condition No. 19 stating that tbe plan is to _t witb the approval ot Central Fire Protection Distriot. PUBLIC REARIICGS (oontinued) 22. Consideration ot vacation ot a portion ot Stevens Creek Boulevard between Orange Avenue and Adriana Avenue. It _s moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to continue consideration ot tbis item to the meeting ot Hay 6, 1985. 23. Final dratt ot the 1984 Revision ot the Solid Waste Management Plan tor Santa Clara County. (a) Resolution 1C0. 6540: "A Resolution ot tbe City Council ot the City ot Cupertino Approving tbe Final Dratt ot tbe 1984 Revision ot the Solid Waste Manag81118nt Plan tor Santa Clara County." It _s moved by Counc. Plungy, seconded by Couno. Gatto and passed unanimously to close tbe pUblio bearing. It was moved by Counc. Gatto, seconded by Couno. Plungy and passed unanimously to approve the granting ot the Negative Declaration. It _s IIOved by Counc. Gatto, seconded by Counc. Plungy and passed nn"n1"'Ously to adopt Resolution 1C0. 6540. PLANNING APPLICATIONS (continued) 25. Application 7-u-85 ot Raymond Rooker (Lonnie Frangadakis): Use Pel'll1t to construct a 2,750 sq. tt. secoDd story addition to an existing 3,800 sq. tt. ottice building. Total square tootage will equal 6,550 sq. tt. EnviroDlMDtal Reviewl The Planning Coaaission recoaDeDds tbe granting ot a Negative Declaration. The subjeot property is located on tbe nortb side ot Pacitica Drive approximately 300 ft. east ot De Anza Boulevard in an OP (Planned Ottice) zoning district. RecoaDended tor approval. -6- MINUTES OF THE APRIL 15, 1985 CITY COUlfCIL HlŒTING (CC-669) Direct.or of Planning and DeveloOMtlt. S1ak rev1ewed the background ot the applioation with Council. He into~ Council that the application had been revised tor 3,400 sq. tt. RaylllOnd Rooker, architect, reviewed the drawinas with Council and stated tbat he vas available tor any questions. Should Counoil have any conoerns he was willing to have oonsideration ot the application continued to May 6. It vas IIOved by Counc. Gatto, seconded by Couno. Plungy and passed unanimously to approve the granting of a Negative Declaration tor Application 7-U-B5. It was IIOved by Couno. Gatto, seconded by Couno. Rogers and passed with Counc. Plungy dissenting to approve the application per PlmL~ing eom.1ssion Resolution 1C0. 2618. 26. Application 9-U-B5 ot Dr. Hilton J. Pagonis: Use Pel"llit to construct an 800 sq. ft. addition to an existing 19,850 sq. tt. ottioe building and Environmental Reviewl The Planning Commission recoaaends the granting ot a lCegative Declaration. The subject property is located approximately 200 ft. west ot Torre Avenue and 225 tt. north ot Pacifica Drive in a P (Planned DevelopDent with Planned Office Intent) zoning district. Rec_nded tor approval. Director ot Planning and Developaent Sisk discussed Condition 1C0. 20 of the Planning eo..1ssion Resolution with Council. Ray Rooker stated that the project will not be done it the condition regarding th., covenant is not removed. He requested reIIOval ot tbat condition and ¡stated he would llaintain an 1,BOO 51. ft. expansion. Council stated they preterred this particular plan and saw no need for a covenant. It was IDOVed by Counc. Gatto, saconded by Counc. Plungy and passed nnAnhonusly to approve the granting of a Negative Declaration. It was IDOved by Counc. Gatto, seconded by Counc. Plungy and passed unant.ously to approve Application 9-U--85 per Planning eo..1ssion Resolution No. 2619 with Condition No. 20 deleted. -7- Negative Dee for 7-U-B5 7-o-B5 approved Negative Dec. for 9-U-B5 9-0-85 approved I . N~gative Dec. for l3-U-85 l3-U-85 approved . . HIN11T&S OF THE APRIL 15, 1985 CITY COtnlCIL ftiTIlfO (CC-669) 27. Application 13-U-85 ot Terry Brown, Et All Use Pera1t to add a total ot approximately 2,200 sq. tt. to three buildings presently consisting ot 2,600 sq. tt. tor a total building area ot 4,850 sq. tt. and EndrollMntal Review I The Planning Comaission recommends the granting ot a lCegative Deolaration. The property consista ot commercial/ottice use and two residential dwelling units. The subject property is located on the northwest corner ot Pasadena Avenue and Granada Avenue in a P (Planned Development with Neighborhood eo..eroial, Light Industrial and ResIdential, 4-12 dwelling units per gross acre intent) zoning district. Rec_nded tor approval. It vas IDOVed by Counc. Gatto, seconded by Counc. Plungy and passed lI"a"tnlnuSly to approve the granting ot a Negative Declaration tor Application 13-U-85. It was IDOved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to approve Application 13-U-85 per Planning Coaa1ssion Resolution No. 2622 with an edded condition stating that the existing dwelling will be ..intained and the project will be phased. 28. Application 14-U-85 ot Domino's Pizza (Bruce L. Terry): Use Permit to operate a take-out and delivery pizza tranchise and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the northeast corner ot Stevens Creek Boulevard and Blaney Avenue in a P (Planned Development with Ottice, Co_rcial and Residential intent) zoning district. Rec_nded tor denial. Steven Buxa, applicant, intol'lll8d Council that he would be willing to close the establislment at aidn1ght it necessary. He had counted 116 parJdns spaces in the lot and told Council that he had been assigned 10 spaces. Be also stated that the establishllent would have the ability to entoroe use ot those ten spacea. He stated that he felt the use perait would result in no increased burden regarding noise, parking or loitering as 90S or IDOre of their business is deli very. Th6 custo.er does not _ to the store. One coapany car would be used. Drivers doing deliveries use their own vehicles. Two or three pizzas are delivered at a time with up to tour or tive drivers. -8- KIHUTBS or THE APRIL 15, 1985 CITY COUNCIL .£TIIG (Cc-669) Bruoe Terry, rranchisee is San Luis Obispo, tert the proposed use would enhanoe the shopping oenter as it is f8lÚ.ly orl~nted, no alcoholio beverages are available, there is DO sitdown business nor are there radios. John Callahan, 19954 Wheaton, stated ..jor oonoerl18 ot the area are ongoing probl_ with Hulligan's, both major parking probl_ and problems with conduot at 2 a.m. He expressed opposition to a pizza place. Steve Buxa stated that his attil1ation with Hulligan's. servioe would be restrioted. establishment vould have no It Counoil desired oarryout Mr. Terry stated there is apparently muoh hostility toward Mulligan's. Rosemary Callahan, 19954 Wheaton, expressed objection to the pizza establishment staying open even until midnight. It was IDOved by Couno. Plungy, seoonded by Couno. Gatto and paCSed unanimously to deny the application per Planning Commission Resolution No. 2623. 29. Application 1-V-85 or ThOllaS LesondalCl Varianoe f'roIII Section 8.3.1 and 8.3.2 ot tbe Zoning Ordinance to permit & 4'6- setback in lieu ot a 5 tt. setback required tor a single story element, and a 4'6- setback in lieu ot a 20 tt. setback required tor a second story element and Environmental Review: The projeot is categorically exeapt, benoe, no aotion is required. The subject property is located on tbe north side ot Stevens Creek Boulevard approximately 400 tt. east ot Janice Avenue in a R1-10 (Residential Singl...ram1ly, 10,000 sq. t't. ~ lot size) zoning district. Rec~nded tor denial. (a) Resolution No. 65361 -, Resolution ot' the City Counoil ot tbe City ot CUpertino Granting a Variance to Th~ Lesondak rro. Seotions 8.3.1 and 8.3.2 ot' the Zoning Ordinance to Permit a 4'6- Setback in Lieu ot a 5 Ft. Setback Required tor a Single Story Klement, and a 4'6- Setback in Lieu ot a 20 Ft. Setback Required tor a Second Story EI_t.- As neitber tbe applicant nor a representative was present, it was IDOved by Counc. Gatto, seconded by Counc. Rogers and passed witb Counc. Plungy dissenting to oontinue consideration ot' this item to the meeting or Hay 6, 1985. -9- l4-U-85 denied l-V-85 continued . . Memorial Park lighting Redevelopment agency IIPUShaw awarded contract Krzich awarded contract Cable Channel 30 . HINU1'IS OF THE APRIl. 15, 1985 CUI COUNCIL HEETIJIO CCC-669) ARalITECTURAL AJII) SITE APPROVAL COtHiTTEE APPLICATIONS 30. 1C0ne. UNPIJIISHED BUSINESS 31. None. lEV BUSINESS 32. Authorization to proceed with Memorial Park l1pt.1D& project. It. waa IIOVed by Counc. Gat.t.o, seconded by Counc. Plun¡y and passed unan~ualy to retain the servioes ot T. H. Rogers to prepare plans and specitications. Alternat.e B preterred. and to appropriate $43.000 from the General Fund. 33. Consideration ot investigat.ion ot teasibility ot tol'lll1ng a redevelopment. agency. This had beeo continued to the meeting ot June 3, 1985. 34. Report 00 bid opening tor Yallco-Wolte Road Medians, Project 85-110, and award of contract. It waa IIOved by Counc. Gatto, secooded by Counc. Plungy and passed .m..n1moualy to award the proJect to Collisbav Construction tor $58.295 based 00 the lovest bid and to appropriate $63.000 from the Vallco Environmental Impact Fund. 35. Report. 00 bid opeoiog tor 1984-85 Miscellaneous Water Main Repla~t. projeot 8S-107, and award ot coot.ract.. It vas IIOved by Couno. Plungy, seconded by Counc. Gatto and passed """nhooualy to award the project to ICrzich Pipeline io the .-ouot ot $169,507.80 tor base and alternate projeoted baaed CD lowest. bid. 36. Statt proposal tor an Agenda Preview Prograa CD Cable TV Channel 30. Counc. Plun¡y 8Qved for approval ot the statt reoOlBeodatioo; the motion died tor lack ot a second. By consensus, statr vas directed to stay with the charaoter generator only, putting on as much ot the agenda as possible. The utter will be reviewed after the survey is cOllpleted. -10- KIIftJTES OF THE APRIL 15, 1985 CITY COOICIL MBBTIIIG (CC-669) 37. Discussion regarding Oeneral Plan bendllent: - Mañanl (R.-oved at request ot applicant). R.-oved. 38. Cla1a of De Leuw, Catber & Co. , Ani ta KOller v. Vlasveld. It vas IIOVed by CoUDO. Gatto, seconded by Couno. Plungy and passed ,mAnfmnUSly to reJeot tbe ola1a and direot tbe City Clerk to so notify olaiaant. 39. Discussion regarding study of eoonOll1o teasibility ot bousing. It vas IIOVed by CoUDO. Plungy, seoonded by CoUDO. Gatto and passed unanimously that DO fol"llal study be done. WRITTBH COMMUlCICATIONS 40. Letter from Cupertino lursery regarding possible purchase of property on I. De Anza Boulevard. By consensus, Counoil expressed support for any propossl addressing a potential problea. Bovaver, tbey exprelllled opposition to the prospect of getting land to maintain. The Planning Direotor was directed to relay tbis discussion to the Planning Coaaission. ORDIICAIICBS 41. lone. RESOLOTIOICS 4l. Resolution 10. 65411 -1 Resolution ot the City Counoil of the City of Cupertino OppolI'f'lg Certain Proposed 4-<1-ents to the Federal Tu Lava.- (Continued to May 6, 1985.) 10I-AGBIID1 BUSIHESS 43. Recognition by Mayor of special requests. (a) General Audienoe - lone. (b) City Counoil. Mayor Pro Tell Rogers expressed concern regarding pecple selling goods on public right of way. -11- Claim rejecte, No feasibllit: study . Res. 6539 adopted, Byrne Ave. 85-01 annexation Purchase of property Gill Cable . . -'-·-'·_··"·~""""-~t,c _.,-~ MIlIUTBS or 'DIB APRIL 15, 1985 CIn COUIICIL _.I.LJIØ (CC-669) (c) Staff. It was IIOYed b1 CouDo. Gatto. seconded b)' Counc. Plunø aDd passed ,"'."h·ously to adopt Resolution 10. 6539 author1ziDa annexation of B:rrne Avenue 85-01. At 10100 p.... Council adjourned to a closed session in tbe City Manager's Office to receive appraisal 1ntol'llation and to discuss possible litigation against Gill Cable TV. At 10117 p..., Council readJour11ed in open session. Present were Counci~ers Gatto, Plungy and Rogers and City Manager Qu.4 "lan, City Clerk Cornelius, Ct-t.,,{ ty Affairs Officer Blackbur11 and City Attorney Kilian. Property. 21790 StenDS Creek Boulevard - It was IIOVed by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to authorize staft to complete tbe purchase tor $97,500 whiob is within the range submitted by the appraiser. Gill Industries, Inc., Counc. Gatto. seoonded unanimously to direct representative ot Gill attempt to resolve tbeII 6 bearing. Cable ~"levision - It was IIOVed by by Counc. Plungy and passed the City Manager to meet with a to discuss various problems in an in an amicable way prior to the May At 10:20 p.... the Meting was adjourned. .., ~: " _J -12-