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CC 07-01-85 cc-6t- crn Of CUPDtIlO, sun Of C1l.ll'OMl 10300 Torre Avenue, Cupertino, CA 9501_ Telephone I (_08) 252-4505 MIJf1JTBS OF THE REGULAR MEETING OF THE CITY CONIL HELIi 01 JULY 1, 1985 IN TUB COUtfCIL CHAHBKR, CIn HALL, CUPERTINO, CALIFORlCIA Mayor Johnson called the meeting to order in Counoil Chamber at 61_5 p.lII. SALUTE TO TUB FLAG ROLL CALL Counc. Present I Gatto, Plungy, Rogers, Sparks, Hayor Johnson Staft Present I City Manager Quinlan City Clerk Cornelius Assistant Planning Direotor Cowan Direotor ot Finance Snyder Director ot Parks and Recreation Dowling Assistant to the City Manager Brown Assistant City Engineer Whitten Coamunity Attairs Otficer Blackburn Tratric Engineer Grigg City Attorney Kilian POSTPOICEHENTS OR NEW AGElCDA ITEKS - IIone. STAFF REPORTS 1 . Oral reports by statt _bars and subllission ot written reports. City Manager's RepOrt City Manager Quinlan inrormed Counoil tbat the results or the Channel 30 survey will be presented to th_ at the l18eting ot July 15. 2. Report regarding public safety services and annexation - Continuing Care Residential Unit, El Callino Hospital. It was !!lOved by Counc. Gatto, seconded by Counc. Plungy and passed unaniIIously to direct starr to assist EI CaII1no Hospital Foundation to annex property to the City and to prepare detailed engineering and tiscal analyses. 3. Report on talse alarm hearing - Eurasian Import-Export, Mrs. Ursula Sabbarival. -1- Annexation of El Camino Hospital property · Legislative Review · Items removed Balance of Consent Cal- endar approved · MINUTES OF TIlE JULY 1, 1985 CIn COUNCIL MEETING (CC-671 ) As Mrs. Sabbarival was not yet present, Counoil stated that they would hear this later in the ..et1ng. Ii. Report on oontrolling business lease signs. By oonsensus, Counoil direoted enforoement ot the present ordinance. COUHCIL REPORTS 7. Counc. Plungy: Legislative Review COIIID1ttee - It was IDOved by Couno. Plungy, seconded by Couno. Rogers and passed unanimously to take the tOllowing aotions regarding proposed legislation I support AD 216 (McAlister), unemployment insuranoe; continue to support SB 75 (Foran), deep pockets; opposed 18 1287 (conservation retrofit; support SB 1220 (Keene), library construct:.on bond issue tor June 1986 ballot, support AS 202:1 (Margolin), bottle bill; support 18 1021 (Sher), bill to study toxio gases; continue to oppose AS 2198 (Felando), repeal ot Naylor Bill. 3. It was IDOVed by Counc. Gatto, seconded by Couno. Plungy and passed nn"n1111Qusly to uphold the tindinga ot the $63 charge. CONSEICT CALENDAR Couno. Rogers removed Items 13, 15, 16, 18, 22 ..\Dd 25; Counc. Sparks removed Itea 21. It was IDOVed by Couno. Rogers, seconded by Counc. Gatto æ;d passed unanimously to approve the balance ot the Consent. Calendar as submitt.ed. 10. Resolution No. 66161 "A Resolution ot the City Counoil ot the City ot cupertino Allowing Certain Claillls and D8IIIIIJ1ds Payable in the Amounts and trom the Funds as Hereinarter Desoribed tor SalarieD and Wages tor the Payroll Period Ending June 11, 1985." 11. Resolution 1C0. 6617: "A Resolution ot the City Council ot the City ot Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinatter Described tor General and Miscellaneous Expenditures tor the Period Ending June 21, 1985." -2- MIwrES OP THE Jut! " ,gaS CITY CO\JN::IL MEETIlIG lCC-£¡7~) 12. Resolution No. 6618: "A Resolution of the City Counoil ot the City of Cupertino Approving Contrac& Change Order No. 4 for Foothill Boulevard and Stevens Creuk Boulevard Trattic Signal, ProJeot 80-15." 13. Removed. 14. Resolution No. 66201 "A Resolution of the City Council ot the City ot Cupertino Aooepting a Grant of Easement for Pedestrian and Equestrian from Brent Lee, Et Ux, Consisting of Approximately 0.'95 Acres, Located on Lot 8, Traot 5990, Rainbow's End." 15. Removed . 16. Removed. 17. Resolution No. 6623: "A Resolution of the City Council ot the City ot Cupertino Accepting a Deed of Easement for Storm Drainage Faoilities trom the Cupertino Union Sohool District, Looated Within Tract No. 7683, Jollyman Site." 19. Resolution No. 6626: "A Resolution ot the City Council ot the City ot Cupertino Aooepting Grant Deed ot Real Property tor Roadway Purposes from Statao, Ino. Located at the Northeast Corner ot Stevens Creek Boulevard and Stelling Road Consisting of Approximately 0.015 Aores." 20. Aooeptanoe ot City projeot pertormed under oontraot: Poppy Drive Demolition, Projeot 80-9. (No documentation required.) 21. Removed. 22. Removed . 23. Minutes of the regular l118eting ct June 3, 1985 (CC-672). 24. Minutes ot the adJourned regular l118eting ot June 10, 1985 (CC-672A-1). 25. Removed . 26. Minutes ot the regular l118eting of June 17, 1985 (CC-673) . -3- . MIICUTES OF THE JULY 1, 1985 CITY COUNCIL MEETING (cc-67/J) ITEMS REK>VED FROM CONSENT CALENDAR 13. Resolution lCo. 66191 "A Resolutiao of the City Counoil ot the City of Cupertino Declariag ita Intention to Order Vacation of a Portion ot a Pedestrian and Equestrian Easement Within the City ot Cupertino Pursuant to Section 50430 Et Seq. of the Government Code of the State of California, Fixing Time and Plaoe for Hearing and Providing tor Notice Thereof; Located on Lot 8, Tract 5990, Rainbow's End." Res. 6619 adopted It was IDOved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to adopt Resolution No. 6619. 15. Resolution No. 6621: "A Resolution ot the City Council of the City of Cupertino Authorizing the Exeoution ot Deterred Agreement with Ronald E. Swanson tor the Improvement ot Frontage on Foothill Boulevard." Res. 6621 adopted It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to adopt Resolution No. 6621 and requested the location of the improvements. . 16. Resolution 1C0. 6622: "A Resolution ot the City Council ot the City ot Cupertino Approving Contract Change Order No. 1 tor Jollyman Subdivision Improvements, ProJect 84-11, Galeb Paving Coapany." Res. 6622 adopted It was IDOved by Counc. Rogers, seconded by Counc. Plungy and passed unanilDOusly to adopt Resolution No. 6622. 18. Resolution No. 6625: "A Resolution ot the City Council of the City of Cupertino Authorizing the Execution ot Quitclaim Deed, Stelling Road at Stevens Creek Boulevard." Res. 6625 adopted It was IDOVed by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 6625. 21. Application 4-U-83, Carl N. Swenson Co.: Requesting approval ot landscaping tor a 4,800 sq. tt. property located on the west side ot lCorth De AnZ8 Boulevard pproxiDately 450 ft. north of Lazaneo Drive. 4-U-83 approved It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to approve Application 4-U-83 and to defer tor six months. e 22. Application 10-U-85 - WDT Development: Requesting approval of site, architectural and landscap!ng modifications for a previously approved 17,300 sq. ft. office building located on the northwest corner of Randy Lane and Stevens Creek Boulevard. -4- KI!WTES OF THE JULY 1, 1985 CITY COUlCIL HBBTIlfG (CC-674) It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to approve Application 1D-U-85. 25. Minutes ot the adJourned regular Meting ot June 1., 1985 (CC-672A-2). It was moved by Counc. Rogers, seconded by Couno. Plungy and passed uru.n1"'Ously to approve tbe IÛnutes amended on page 1 to read Hr. Lagorio inatead ot~. Gregoria, and on page 3 to oorrect tbe spelling ot oe.etery. ORAL COttmHICATIOICS 28. Proclamation volunteers. bonoring COICTACT and its Cupertino Mayor Johnson presented tbe proclamation to reprentatives of COICTACT. 29. Members ot tbe audience regarding matters not on tbe agenda. None. PUBLIC HEARINGS 30. Request for renewal and revision ot bingo permit - Cupertino High Scbool Booster's Club. The City Clerk reviewed tbe background ot tbe renewal request witb Council. City Attorney Kilian recOlllllended Council meet in olosed session to discuss this itea. At 7:25 p.II., it was IDOVed by Counc. Sparks, seconded by Caunc. Rogers and passed un..n1lD()usly to adjourn to a closed session. At 8:05 p.II., Council returned to Cballber. lIembers of statt were present. The same It was moved by Counc. !'1ungy, seconded by Couno. Rogers and passed unaniIIously t') continue the bearing to tbe meeting ot July 15. It the organization is able to comply witb tbe ordinance and tbe requireme:1ts ot tbe Central Fire Protection District and Sheriff's DepartlleDt and present evidence ot this compliance by Wednesday, games may be beld on the 3rd and 10tb ot July. 31. Six-montb review ot traffic mitigation measures at Kill Street. -:- 10-U-85 approved June 11 min- utes approve, Closed sessio· Curertino High School Booster's CluJ bingo permit hearing continued MIlfUTES or THE JlJLJ " 1985 CIn COUNCIL HBETDlG (CC-67'> Traffic Engineer Grigg 3tated that the 3taff recommendation is to continue the status quo and provide selective entorcement. Peggy Urquhart, 1552 Erin Way, encouraged the closure of Kim. She said there are still over 1,400 cars a day on the street. Earl Moore, 831 Kim Street, said that traffic has increased and Kim is being used as an expressway and a raceway. Tom Adam3, 7629 Eldel"Wood Court, said he used to drive on Kim; now he has to go to Bollinger and there is a short left turn light onto De Anza. He reque3ted a longer green time. Bernie Kalvelage, 7515 Tiptoe Lane, asked where the balance ot scale3 lay. He felt that if it were a question ot safety tor children, traffic would be restricted at some other time as not too many children are out during the time of the restriction. He stated that the restriccion detours traftic to an area where there are more accidents and asked if the people on Kim Street really do have a unique situation. He said the environmental assessment report is under challenge and Questioned the membership ot the Environmental Review Committee. He stated that there were five errors in filling out the environmental review forms and questioned tha methodology and the lack of availability ot data. Mr. Kalvelage urged Council to reopen Kim. Helen Atkins, 836 Kim Street, reviewed the while it was in the City of San Joae. being inundated with commuter traftic. Council close Kim or leave it as is and route between Stelling and Jollyman. petition requesting that. She urged trattic on maJor streets. history of Kim She said it was She urged that make a uircuitous She submitted a Council to keep Joanne Ratter, 1066 Colony Hills Lane, requested that Council leave Kim as it is. Mike Tadin, 7400 Tiptoe Lane, told Council that he telt entorcement was not handled properly and suggested that officers be posted in areas before the sign so that drivers know they are there. He said he used to commute to De Anza via this route. However, a violation ot the sign brings a $50-100 ticket and, as it i3 considered a moving violation, atfects one's insurance. He said that his sister, while driving a moped, received a $102 citation and now must take her moped on maJor ~treets. He suggested that Council barricade and close Kim Street so there is no question ot use. -6- MINUTES OF THE JULY 1, 1985 CITY CO!IHCIL MEETING (CC-674) Jerry Sullivan, 7630 Kirwin ~ane, stated that Kim Street 18 dangerous as it '.s and it would be sater to block it oft. SOlIe "No lett turn" signa have been removed and not replaced. Tony Kopcych, 1028 Tuscany Place, urged Council to maintain Kim Street as it is as closing streets eliminates their use for citizens of Cupertino. It ilaS moved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to close the public hearing. It was moved by Caunc. Plungy, seconded by Counc. Gatto and passed unanimously to continue on a permanent basis the turn prohibitions between the hours of 6 and 9 a.m., to continue selective entorcement, and determined there was no need for an additional environmental impact report or a negative declaration as these measures were less severe t~an closure and resulted in less impact. Therefore, the ne@ative declaration and review which took place regarding ponsible closure of the street would apply, and as there was no new intormation presented the project was previously assessed. RECESS: 8:55-9:05 p.m. 32. Application 10-Z-84 ot Michael Weber and Fred Michaud: Rezoning approxiJlately .22 gross acres trom R1-7.5 (Residential Single-tamily, 7,500 sq. tt. minimum lot size) zone to P (Planned Development with office, Commercial and Residential intent) zone and Environmental Review I The Planning Collllll1ssion recommends the granting ot a lCegative Declaration. The subJect property is located on the southwest corner of Miller Avenue and Richwood Drive. Recommendðd for approval. 32. (a) First reading ot Ordinance No. 1317: Ordinance ot the City of ~upertino Section 1 of Ordinance No. 2 by ApproxiJlately .22 Gross Acres trom R1-7.5 P Zone; Located on the Southwest Corner Avenue and Richwood Drive." "An Amending Rezoning Zone to ot Miller PLANNIICG APPLICATIONS 39. Application 21-U-84 of Michael Weber and Fred Michaud: Use Permit to expand an existing single-story office building to a two-story otfice building equaling approxiJlat~ly 16,000 sq. tt. and Environmental Review: -7- Public hearing closed Turn prohibi- tions continue. MINUTES OF THE JULr 1, 1985 Clrr COUNCIL MEETING (CC-67Q) . 39. (continued) The Planning Commission Negative Declaration. on the southwest corner Drive. RecoDllended for recommends the granting ~t a The subject property is located of Miller Avenue and Richwood approval. Assistant Planning Director Cowan reviewed the applications with Council. Ray Rooker, architect, reviewed the history ot the proposed development and plans. He stated that the intent is to keep the two residences currently on the property as residences. In re68rd to the gateway concept, he stated that this was separate from the proJect; however, the property owners were willing to pay their tair share in the tuture. Fred Morillo, 10199 E. Estates Drive, stated that the new design is better than the previous one which had been "high tech" and did not fi~ into the neighborhood. He telt the gateway concept was a good idea and did fit into the area. . Steve Fleshman, 10171 E. Estates Drive, requested the area be given residential zoning. In regard to the gateway, he said it doesn't stop those who want to come into the neighborhood but provides lots ot stops ror those who wish to get out. He felt the proposed design made it awkward tor those living in the arca. He was informed that a free right turn at Wolfe/Hiller and Stevens Creek Boulevard was planned. Kike Weber, applicant, said that he was willing to accept maintenance of the existing houses. He did express concern regarding the expense of putting in an island ot such a large size. He said that the pMperty had been purchased as an office site and as he understood, it was zoned for otfices. Steve Fleshman stated that the Planning CoDllission bad said that even it the houses were sold, the commercial owners must maintain them. If they were to get extra trips, they must maintain the residences. Public hear- ing closed It was mnved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to close the public hearing. Discussion followed regarding the gateway concept. Concerns were expressed regarding the intersection design. . The City Attorney stated that this matter could come back to the City Cou:1cil without going through the Planning CODllission first. -B- KIHUTES OF THE JULY 1, 1985 CITY COUHCIL HEBTIHG (CC-611 ) It vas IIOved by Counc. Plungy, with Councilmembers Johnson, to deny Application 10-z-84. seconded by Counc. ROlers, Gatto and Sparks dissenting, Hr. Rooker stated that he will work with the c~roial property only and come back with a smaller building. He requested a four-week continuance; with the assuranoe that the Planning Department will process the new design quickly he agreed to a two-week continuance. It was IIOved by Counc. Gatto, seconded by Couno. Plungy and passed unanimously to reopen the publio hearinl. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to continue consideration ot Application 10-z-84 and 21-U-84 to the meeting ot July 15. 33. Application 9-Z-85 of Yagil Hertzberl: Rezoning approximately .65 acres from A1-43 (Agricultural Residential, 43,000 sq. ft. minimum lot size) zone to R1-20 (Residential Single-family, 20,000 sq. ft. minimum lot size) zone and EnviroDll8ntal Review: The Planning Collllll1ssion rec~nds the lI'antinl ot a lCegative Declaration. The sUbJect property is a fiag lot located at the end of "t. Crest Place. RecOlllllended for approval. (a) First reading of Ordinance 10. 1318: "An Ordinance of the City of Cupertino Amending Section 1 ot Ordinance 1C0. 2 by Rezoning Approximately .65 Acres from &1-43 Zone to R1-20 Zone; Located at the End of "t. Crest Place." Assistant Planning Director Cowan reviewed the application with Council. It vas IIOVed by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to close the publio hearing. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to approve the granting of a legative Declaration. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to approve Application 9-Z-85 per Planning Commission Resolution 10. 2653. It was moved by Counc. Plurgy, seconded by Counc. Rogers and passed unanimously to ~,d Ordinance 1C0. 1318 by title only and the City Clerk's reading to constitute the first reading thereof. -9- Public hearing reopened 10-Z-84 and 21-U-84 continued Public hearing closed Negative Dec. for 9-Z-85 9-Z-85 approved First reading of Ord. 1318 . Public hear- ing closed .ative Dec. lO-Z-85 IO-Z-85 approved First reading of Ord. 1319 . MINUTES OF THE JULY 1, 1985 CITY COUHCIL MEETING (CC-614) 34. Application 10-Z-85 or Lawrenoe C. Mayerlel Rezoning approximately .36 acres tram RHS (Residential, Hillside Develo~nt) zone to R1-10 (Residential Single-tamily, 10,000 sq. ft. IliniInDI lot size) zone and Environaental Revievl The Planning Coaadssion recommends the granting ot a Negative Deolaration. The subJeot property is located on the north side of Meroedes Road 500 ft. west of Cordova Road and 100 ft. west of the ter'llinus of San Felipe Road. ReoOllllllended for approval. (a) First reading ot Ordinance No. 13191 -An Ordinanoe of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately .36 Aores from RHS Zone to R1-10 Zone; Located on the North Side of Meroedes Road 500 Ft. West ot Cordova Road and 100 Ft. West of the Terminus of San Felipe Road.- Assistant Planning Direotor Cowan reviewed his report with Counoil. It was IIOved by Counc. Sparks, seconded by Couno. Rogers and passed unanimously to close the public hearing. I t was IIOved by Counc. and passed unaniIIIousJ.y Negative Declaration. Sparks, seconded by Counc. Plungy to approve the granting of a It was IIOVed by Counc. Sparks, seconded by Counc. Pl~'1 and passed with Couno. Gatto dissenting to approve Application 10-z-85 per Planning Commission Resolution No. 2654. It was IIOved by Counc. Plungy, seoonded by Counc. Rogers and passed unanimouslsy to read Ordinanoe No. 1319 by title only and the City Clerk's s-eading to oonstitute the first reading thereat. 35. Consideration of adoption ot various Uniform Building Codes, 1982 Edition and the National Eleotrical Code, 1984 Edition. (a) Second rea<iing ot Ordinanoe No. 1308: -An Ordinance of the City of Cupertino Amending Chapter 16.04 ot the Cupertino Munioipal Code by Adopting the 'Uniform Building Code,' 1982 Edition and Appropriate Exoeptions Thereto.- (b) Second reading of Ordinance No. 1309: -An Ordinance ot the City of Cupertino Amending Chapter 16.40 of the Cupertino Municipal Code by Adopting the 'Uniform Fire Code,' 1982 Edition and Appropriate Exceptions Thereto." -10- HIHTJrES OF THE JULY 1, 1985 CITY COUNCIL MUTING (CC-671 ) 35. (c) Second reading ot Ordinance No. 13101 "An Ordinance ot the City of Cupertino Aaending Section 16.20 ot the Cupertino Munioipal Code by Adopting the 'Unitorm Plumbing Code,' 1982 Edition and Appropriate Exoeptions Thereto." (d) Seoond reading of Ordinanoe No. 13111 "An Ordinanoe of the City of Cupertino Amending Section 16.24 of the Cupertino Munioipal Code by Adopting the 'Uniform Meohanical Code,' 1982 Edition and Appropriate Exceptions Thereto." (e) Second reading of Ordinance No. 13121 "An Ordinanoe ot the City of Cupertino Amending Section 16.16 of the Cupertino Municipal Code by Adopting the 'National Eleotrical Code,' 1984 Edition and Appropriate Exceptions Thereto." It was !lOved by Counc. Gatto, seconded by Couno. Rogers and passed unani!lOusly to olose the public hearing. It was !lOved by Counc. Plungy, seoonded by Couno. Rogers and passed unanl!lOusly to read Ordinanoe No. 1308 by title only and the City Clerk's reading to oonstitute the seoond reading thereof. It was !lOved by Couno. Plungy, seconded by Couno. Rogers and passed unAnimously to read Ordinance No. 1309 by title only and the City Clerk's reading to oonstitute the seoond reading thereof. It was !lOved by Counc. Plungy, seconded by Couno. Rogers and passed unanimously to read Ordinanoe No. 1310 by title only and the City Clerk's reading to constitute the second reading thereat. It was IIOVed by Couno. Plungy, seconded by Counc. Rogers and passed IInAni"'^usly to read Ordinanoe No. 1311 by title only and the City Clerk's reading to constitute the second reading thereof. It was IIOved by Couno. Plungy, seconded by Couno. Rogers and passed unanimously to read Ordinanoe No. 1312 by title only and the City Clerk's reading to constitute the second reading thereof. It was !lOved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to enaot Ordinance No. 1308. It was !lOved by Counc. Gatto, seoonded by Couno. Plungy and passed unanimously to enact Ordinance 1C0. 1309. -11- Public hearing closed Second reading of Ord. l308 Second reading of Ord. l309 Second reading of Ord. l310 Second reading of Ord. 1311 Second reading of Ord. 1312 Ord. 1308 enacted Ord. 1309 enacted It. 1310 enacted Ord. 1311 enacted Ord. 1312 enacted . Public hearing closed Res. 6627 adopted as corrected Res. 6628 adopted Res. 6629 adopted . HIB1JTES OF THE JULY 1, 1985 cur COUNCIL HBBTIIG (CC-6111) It was moved by Counc. Gatto, seconded by Couno. Plungy and passed unanimously to enaot Ordinance No. 1310. It was moved by Couno. Gatto, seconded by Counc. Plungy and passed unanimously to enaot Ordinance No. 1311. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to enact Ordinance No. 1312. 36. Adoption of City of Cupertino budget, 1985-86 tisoal year, setting debt limit and appropriation limit for tisoal 1985-86. (a) Resolution No. 6627: "A Resolution ot the City Council of the City of Cupertino Adopting an Operating and Construotion Budget for Fisoal Year 1985-86 by Ratifying Estimates of Revenues to be Received in Each Fund and Appropriating Monies Therefrom for Speoified Program Aotivities and Acoounts and Setting Forth Conditions of Administering Said Budget." (b) Resolution No. 6628: "A Resolution of the City Counoil of the City ot Cupertino Setting Bonded Debt Tax Rate for the Fiscal Year 1985-86." (c) Resolution No. 6629: "A Resolution of th& City Council ot the City ot Cupertino Establishing an Appropriation Limit tor Fisca~ Year 1985-85." Direotor of Finance Snyder informed Council that the library has requested $25,r.OO rather than $39,000, that part-time wages for City Counçil should read $20,500, that $213,250 was deleted trom capital proJects. It was moved by Counc. Gatto, seconded by Couno. Rogers and passed unanimously to close the publio hearing. It was moved by Couno. Gatto, se ,onded by Counc. Sparks and passed unanimously to adopt Resolution No. 6627 as oorrected. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to adopt Resolution 1C0. 6628. It was moved by Counc. Sparks, seconded by Couno. Plungy and passed unanimously to adopt Resolution No. 6629. -12- KIIWTES OF THE JULY 1, 1985 CITY COUNCIL MEETING (CC-671 ) 37. Policy stipulating BMR housing requiremen~ fer aenior citizen housing project. (a) Resolution 1C0. 6595: ".i Resolution ot the City Council ot the City ot Cuperti~o Adopting a Policy Which States the Below Market Rate Housing Requirements for Retirement Facilities." 38. City of Cupertino, modification ot procedural manual for the Below Market Rate Housing Program to peMlit residential developers to pay fees in lieu of providing units priced at below-market sales prices. Recommended tor approval. NEW BUSINESS 42. Review of proposed revision of BMR housing Program. 43. Request to pay f&e in lieu of providing six BHR units - Woodsprings. Planner I Binnendyk reviewed the dratt proposal. Nick Szabo, BMR Subc~ttee, said that the Collllll1ttee would like City Council guidance regarding the alternatives. Also the Collllll1ttee did not want to prolong the uncertainty of Woodspring Developers. Council discussed upon which group the below market rate prograa should focus. Mr. Szabo stated that he sees the BMR Program as one through which couples can get their first home. By consensus, Council continued these items to an adJourned regular meeting, 8 p.m., Tuesday, July 2. ARCHITECTURAL AJCD SITE APPROVAL CO~TTEE APPLICATIONS 40. Consideration ot appeal ot ASAC denial ot proposed signage tor the Photo Drive-Up store at 1376 Saratoga-Sunnyvale Road. Assistant Planning Director Cowan reviewed the reasons for the tiling of the appeal. Bob Lawrence, 41256 Robert~ Avenue, Fremont, California, intormed Council that one sign had been eliminated. He stated that he bad been told ~hat a sign on W1ldflower, Highway 9 and the post sign would be all right. He stated that he speoifically wanted the sign on Wildflower and the one in baok of the building. -13- Items continued ~: Up for Drive- . Political signs to be considered after first of year McKinney - applicatbn t.ili.lle late ~ denied MINUTES OF THE JULY 1, 1985 CITY COUNCIL MEETING (CC-674) It was moved by Couno. Gatto, seoonded by Counc. 'Rogers and passed un&ll1DOusly to approve the ground sign with the stipulation that the base of the sign is to be textured and painted to matoh the exterior ot the new building, the sign tace and frame shall match the color and type style of' the wall signs previously approved tor the building, the fora of the building is simple and geometric in nature and the shape of the existing sign is consistent with this architectural vocabulary, and to approve one wall sign for a total ot two signs. UNFINISHED BUSINESS 41. None. ICEW BUSINESS 42. Continued. 43. Continued. 44. Consideration of ordinance requiring r~moval ot political signs f~ pUblic right of way within 45 days after an election. (a) First reading of Ordinance No. 1320: "An Ordinanoe ot the City of' Cupertino Repealing Seotion 17.32.040 ot Chapter 17.32 Special Signs - Regulations ot Title 17 ot the Cupertino ~~icipal Code and Amending Seotion 17.0B.2ðO of Chapter 17.0B, Seotion 17.16.010{F) of' Chapter 17.16 and Section 17.32.120 ot Chapter 17.32; Providing tor the Regulation, Erection, Maintenanoe, Alterations, and Location of Poi tical Signs Within the City of CUpertino." It was IDOved by COi.ôDo. Plungy, seconded by Couno. Sparks and passed with Couno. Rogers dissenting to not consider this ordinance at ~his t1ae but to look at the prohibition ot political signs on publio right of way atter the tirst ot the year. Council reqaested that the word "necessary" in the ordinance be changed to ·t~ditional." 45. Application to file late claim and claim filed by State Fara Insurance for Cheri MoKinney. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed with Couno. Sparks abstaining to deny the application to file a late olaim. -14- MINUTES OF THE JULY " 1985 CITY COUNCIL HEETING (CC-674> 46. Claim tor damages til3d by Arthur C. Weber, Jr. It was IDOved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously ~ reject the claim. 47. Report on bid opening ~nd award of contract, Project 85-04, General Cleanup. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to award the cl'ntract to De Anza Landscape and Maintenance in the amount of $56,914.44 and to appropriate that SUII trom the General Fund. The City Manager was requested to report to Council regarding the Sheriff's weekend work program. 48. Consideration ot contractural engineering services. (a) Resolution No. 6624: " A Resolution ot the City Council of the City of Cupertino Authorizing Execution Qt Agreement with HMH, Ino. for Providing for EDt;lneering Services for Stevens Creek Widen1ng, ProJect 82-17." It was IDQved by Counc.. Sparks, seconded by Counc. Plungy and P?~sed unan1~~usly to adopt the resolution and to authorized exp~nditure of $60,000 from the proJect funding. 49. Adoption ot resolutions pertaining to persODDel. (Request closed session) (a) Resolution No. 6630: "A aesolution of the City Council ot the City ot Cupertino Bstablishing Salaries tor Positions Not Within a Schedule of Pay Grades." (b) Resolution No. 6631: "A Resolution of the City Council of the City ot Cupertino Adopting a MeIDorandUII ot Understanding between the City of Cupertino and the Cupertino Employees Association." (c) Resolution lCo. 6632: "A Resolution ot the City Counc~l of the City of Cupertino Adopting a MeIDorandUII of Understanding between the City of Cupertino and the Operating Engineer's Local No. 3." -15- Weber claim rejected Contract for general cleanu Res. 6624 adopted . MINUTES OF THE JULI 1, 1985 CIrI COI1!lCIL ltiETING (CC-6741 49. (d) Resolution Nù. 66331 "A Resolution of the City Council ot the City of Cupert1no Amend1ng the Manasement COIDpensation Program." (e) Resolution No. 66341 "' Resolution of the City Counoil ot the City of Cupertino Amending the Rules on Conditions of EIIployaent." (f) Resolution 1C0. 66351 "A Resolution ot the City Council of the City of Cupertino Amending the Contidential Compensation Program." This item will be discussed in closed session. WRITTEIC OOMMUlCICATIOICS 50. None. ORDINANCES: . Second reading of Ord. 1313 51. Second reading of Ordinance No. 13131 "Au Ordinanoe of the City of Cupertino Amending the Title of Chapter 11.26 ot the Munioipal Code and Adding Section 11.26.120 Specitying the Size of Sign to be Used on Private Parking Faoilities." It was IDOved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to read Ordinance 1C0. 1313 by title only ~ thft City Clerk's reading to constitute the second reading thereof. Ord. 1313 enacted It was IDOved by Counc. Gatto, seconded by Counc. Plungy and passed up~n1mnusly to enact Ordinance No. 1313. 52. Second reading ot Ordinance No. 1314: "An Ordinance of the City Council, City ot Cupertino, Providing for a Limited Waiver of Penalties for Delinquent Business License Fees and Taxes." Second reading of Ord. 1314 It was moved by Counc. Plungy, seconded by Counc. Gatto and passed un~n1mously to read Ordinance No. 1314 by title only and the City Clerk's reading to constitute the seoond reading thereof. Ord. 1314 enacted It was IDOved by Counc. Gatto, seconded by Counc. Plungy and passed nn~n1mously to enact Ordinance No. 1314. . 53. Seoond reading ot Ordinance No. 1315: "An Ordinance of the City ot Cupertino Amending Section 1 ot Ordinance 1C0. 2 by Rezoning All Properties Currently Zoned CG to P Zoning District to Ensure Consistent Design Standards for Similarly Situated Properties." -16- KIHUTBS OF THE JOLr " 1985 CITr COUNCIL I£ETIlfG (Cc-671 ) It was IIIOved by CounQ. Plungy, seconded by Couna. Gatto, and passed unanimousll to read Ordinanoe 1C0. 1315 by title only and the City Clerk's reading to constitute the second reading thereat. . It was :!lOved by Couono. Gatto, seconded by Couno. Plungy and passed unanillOusly to enact Ordinance No. 1315. 54. Second reading ot Ordinance No. 1316: "An Ordinance ot tbe City ot CUpertino Amending Sectioo 1 ot Ordinance 1C0. 2 by Rezoning All Properties Currently Zoned CO to P Zoning Distriot to Ensure Consistent Design Standards tor Sillilarly Situated Properties and Approving the Soutb De Anza Boulevard Conceptual Plan." It was IDOved by Couno. Plungy, seconded by Couno. Gatto and passed UPAnt-ously to read Ordinance No. 1316 by title only and the City Clerk's reading to constitute the second reading tbereot. It was IDOVed by Couno. Gatto, seconded by Couno. Plungy and passed unanimously to enaot Ordinance 1C0. 1316. RESOLUTIONS 55. 1C0ne. ICON-AGENDA BUSINESS 56. Recognition by Mayor ot special requests. (a) General Audience - None. (b) City Council - None. (c) Statt - None. CLOSED SESSIOIC to discuss labor negotiations. At 11 :45 p.a., the a..ting was adjourned to a closed session. The ...ting reconvened in open session at 12135 a.a. Councilmeabers were present as well as City Manager Quinlan, City Clerk Cornelius and City Attorney Ulian. It vas IIOVed by Couno. Rogers, seconded by Counc. Sparks and passed .""'ni....usly to adopt Resolutions 6630, 6631, 6632, 6633, 6634 and 6635. At 12:40 a.a., Council adjourned to 8:00 p.a., July 2, 1985. c,,12.~ ~ Second read1n~ of Ord. 1315 Ord. l315 enacted Second reading of Ord. 1316 Ord. 1316 enacted Res. 6630, 663l, 6632, 6633, 6634 anI 6635 adopted