CC 07-15-85
CITr or CUPBJITDIO, STATI OF ClLIFOIIJIj
10300 TORRE AVDUK, CUPERTINO CA 95014
TELEPHONE I (408)252-4505
MIHUTBS OF THE REGULAR MEETIICG OF THE CIn COUNCIL
HELD 011 JULY 15, 1985 IIC THE COUNCIL CHAMBBR,
CIn HALL, CUPERTINO, CALIFORJIIA
Mayor JohnSOn called the meeting to order at 6145 p.lI. in the Counoil
Chamber.
SALUTE 1'0 THB FLAG
ROLL CALL
Counoil Present:
Gatto, Plungy, Rogers, Sparks, Mayor Johnson
Statt Present I
City Manager Quinlan
City Clerk Cornelius
Direotor ot Publio Works Viskovich
Direotor ot Planning . Development Cowan
Director ot Finance Snyder
Direotor ot Parks' Reoreation Dowling
Assistant to the City Manager Brown (arrives 7145 p.m.)
CoIDunity Attairs Ottioer Blaokburn
City Attorney Kilian
POSTPONEHBNTS OR NEW AGElCDA ITEtß
It was IIIOVed by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to ~ve itellS 23 and 25 tl'Olll the agenda.
STAFF REPORTS
1. Oral reports by statt _bers and sublllission ot written reports.
City Manager's Report
2. Any MountUn Ltd.
It was IIIOved by Cauno. Gatto, seconded by Couno. Sparks and passed
unanillously to approve the request tor a variance troll policy tor outdoor I
sale for extended hours on August 31, 1985 6100 a.lI. to 10100 p.... and r
tl'Olll 10:00 a.m. to 9100 p.... Sept.-her 1 through 4.
City Clerk's Report
3. Appointments to Advisory Boards
It was IIIOVed by Counc. Sparks, seconded by Counc. Gatto and passed
unanillously to extend ourrent terms on advisory bodies to January 15 and
to request an ordinance changing the date of appointments to the boards to
January .
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KIIUTES OF TH! JULY 15, 1985 CIn COUNCIL MEETING (CC-675)
~. 'tIeed ~ba\:.eMnt
It was IDOved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No, 6640 sett1ng the Publio Hearing
regarding Abaee.ent ot Weeds tor August 19. 1985.
Resignation I Parks' Recreation Co.-1ssion
It was IDOved by Couno. Gatto, seoonded by Couno. Plungy and paased
unanimously to acoept Barbara Arnold's resignation with regret t~ the
City's Parks. Reoreation Commiasion.
2. Report on changes in water treatment process.
Council received the report and directed that the Chamber ot CoaIIIeroe and
apartment owner's assooiations be notitied, intormation be put on the
charaoter generator, p¡'ess releases be issued, businesses - pet stores,
eto. be notitied by staft.
3. June Treasurer's Report.
Council reoeived the Treasurer' e Report with the sUlllllary modif:led to show
ftall other banksft equal 22.8J of deposits.
Reterral-County ot Santa Clara - 22554-26-65-85V-85SP
It was IDOved by Couno. Sparks, seconded by Counc. Plungy and paased
unanimously to authorize the Mayor to sign a letter addreased to the
County requesting denial of the variance.
COUNCIL REPORTS
5. Couno. Gatto: Couno. Gatto requested that his appointment to the
"Advisory Board to Transit Authority" be listed on the agenda.
6. Counc. Plungyl Legislative Review Coamittee - it was moved by CoUDO.
Plungy, seconded by CoUDO. Sparks and paased unanimously to take the
following aotions regarding proposed legisla tion: Support 3B 351;
Oppose SB 1255 Redevelopment; Oppose AD 2124 redevelopment.
CONSENT CALENDAR
It was IDOved by Counc. Plungy, seconded by Couno. Gatto and passed
unanimously to lpprove the Consent Calendar as submitted.
9. Resolution No. 6636: "A Resolution ot the City Counoil of the City ot
Cupertino Approving Contract Change Order No. 6 for Homestead Road and
Wolfe Road Traffic Signal Modification Project 82-09.ft
10. Resolution No. 6637: "A Resolution ot the City Council ot the City ot
Cupertino Approving Final Plan for the Improvement of Frontage Located
at 10466 Byrne Avenue; Developer, Ernest E. Baxter; Authorizing the
City Engineer to Sign the Final Plan and Authorizing Execution of
Agreement in Connection Therewith.ft
11. Acoeptance of municipal improvements: Warren Whaley proJect on San
Felipe Road. (No supporting documents required.)
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MDIUTES OF THE JULY 15, 1985 CIn COUNCIL HEETDfG (CC-675)
12. Kinutes of the regular meeting of July 1, 1985 (CC-674).
13. Minutes of the adJourned regular meeting ot July 2, 1985 (CC-674A).
14. Request from the Chamber of eom.erce for fee waiver and City servioes
in oonneotion with their annual Art and Wine Festival.
15. Resolution No. 6638: "A Resolution of the City Council of ~ne ~ity ot
Cupertino Allowing Certain Claims and Deaands Payable in the AIIIounta
and trom the Funds as Hereinafter Desoribed for Salaries and Wages for
the Payroll Period Ending June 25, 1985."
16. Resolution lCo. 6639: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claia and Demands Payable in the AIIIounta
and From the Funds as Hereinatter Described tor GL~eral and
Kisoellaneous Expenditures for the Period Ending July 5, 1985."
ITEMS REK)VED fROM COIfSENT CALEICDAR
17. None
ORAL COHHUNICATIOICS
18. Members ot the audience regarding matters not on the agenda.
PUBLIC HEARINGS
19. Renewal ot bingo pe1"1llit requested by Cupertino High School Booster's
Club.
City Attorney Kilian read a letter tram Mr. Robert RRdolitte, attorney,
stating that the recent election of tbe inter1lll board was valid. The City
Attorney said that based on that letter he did conclude that this was a
legitimate organization with a legitr.ate board of directors and as tar as
can be detel'll1ned the City is dealing with a legally constituted board.
Upon being asked by Council the City Clerk stated that she had been
infor.ed that the organization had corrected the detioienoies noted by
Central Fire Protection District and COIle into compliance with the C¡ty's
ordinance and the requests of the Sheritf's Department.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to close the Public Hearing.
It was moved by Counc. Plungy, seconded by Couno. Gatto and passed
unanimously to approve a one year renewal ot the bingo pe1"1llit with games
to be held on Wednesday night.
Mayor Johnson said that the applicant was not in the audience and items 20
& 22 would be heard later in the evening.
21. Review of user fees charged by the City of Cu~ertino.
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HIlII1TES OF THE JULY 15, 1985 CIn COUlfCIL HEE'tING (CC-675)
Director ot Finance Snyder stated that Louie Chappuie and Richard Pearl at
Dav1d Gritfith and Asaooiates were present to discuss the study with the
Council.
Louie Chappuie reviewed the historical information and the methodology of
the study with the Council. He stated that he is not recoaaending
anythir-8, but is just giving information.
(Assistant to the City Manager arrives 7:45 p.m.).
Mr. Pearl reviewed an exallple ot the material presented with Council.
Director of Finance Snyder said that the present fee schedule has not been
updated but that the Planning Department fees had been raised via adoption
ot the Building Code.
City Manager Quinlan told Council that it appears building tees need to be
adJusted downward and tees .y be exceeding costs at this t1lle.
It vas moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to close the Public Hearing.
Mr. Quinlan cODlDended the consultants, particularly Mr. Pearl who had
worked closely with the City on this study.
It vas moved by Counc. Plungy, seconded by Counc. Gatto and passed
unan1mously to set a Public Hearing tor September 16, 1985 regarding user
tees and requested intormation regarding costs and a recODlDendation for
action with reasoning tor this reco_enclation. Intormation requested
should include current charges, separate direot and indireot costs and
posaible impact of any tee ohange.
PLAHlCIICG APPLICATIONS
23. Application 21-U-85 ot Dave Hobson (Raymond Rooker): Use Permit to
convert a 1,000 sq. tt. single-story residence into a 2,030 sq. tt.
two-story ottice bW.lding and Environmental Review: The Planning
Co.-1saion reco_enda the g~ting ot a Negative Deolaration. The
subject property is located on the south side ot Granada Avenue
approximately 100 ft. west of !aperia1 Avenue in a P (Planned
Developllel1t with Neighborhood Cœmercial, Light Industrial and
Residential, 4-12 dwelling units per gross acre intent) zoning
district. Rec~ended tor approval.
Application continued.
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KIIIUTB3 Of' THE JULY 15, 1985 CITY COUNCIL HEETDlG (CC-675)
By ~t\seMU!, CounQil tgt'eed to hetr it.2ß out of t tend, order.
UNFINISHED BUSINESS
27. None.
NEW BOSIlCESS
28. Consideration ot an ordinance to restrict the riding ot skateboards in
the City of Cupertino.
City Manager Quinlan informed Council that this ordinance
presented to them at the request ot the Sherift's Department.
that he had talked to the Sheriff's Departœnt and they were
to allowing skateboards to be used on sidewalks.
was being
He stated
not adverse
Terry Bezdek, 11075 La Paloma Dr., urged Council to deny the ordinance.
He said that he knows ot no problem in the City ot Cupertino and that
skateboards are a good alternative mode ot transportation. Should Council
r.ot wish to deny the ordinance at this time he suggested that it be
referred to an advisory coamittee and that ~arings be held in September
after vacations are over. It speeding on s~ateboards on the hills are a
problem he suggested the enactœnt of a speeding ordinance.
Sgt. Pulling, Santa Clara Co. Sheritt's Department, said that the Vehicle
Code does not address skateboards and that all the Sheriff's Department
was asking was that it be illegal to ride skateboards in the roadways
(streets) to avoid potential inJuries.
Jerold Santoro, 10459 Emanuelle Ave., obJected to the proposed ordinance.
He asked what the problem was and stated that in his opinion the laws OIl
the books are already enough to cover any problems. He requested that
Council reconsider the ordinance.
Andrew BerendsØl1, suggested that if Council wiahes to enact an ordinance
perhaps it should state that skateboards were not allowed in the street if
the speed limit was above 35 miles per hour. Mr. Berendsen said that he
uses the sidewalks and avoids streets wbere there are high speed limits.
He telt that riding skateboards on the sidewalJœ should be permitted.
Council discussed the possibility ot the Public Safety Colœ1'.tee looking
at skateboards from a safety standpoint.
It was moved by Caunc. Gatto, seconded by Counc. Sparks and passed with a
4-1 vote, Counc. Plungy dissenting to table the ordinance.
PUBLIC HEARIICGS
20. Applicat10n 10-Z-84 of Michael Weber and Fred Michaud: Rezoning
approximately .22 gross acres from R1-7.5 (Residential Single-family,
7,500 sq. ft. minimum lot size) zone to P (Planned Development with
office, Commercial and Residential intent) zone and Environmental
Review: The Planning Commission recoamends the granting of a Negative
Declaration. The subject property is located on the southwest corner
ot Miller Avenue and Riohw~d Drive. Recommended for approval. (To
be considered with Application 21-U-84.)
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HINr1TBS OF THE JULY 15, 1985 CITY COUlfCIL HßTIlfG (CC-675)
20. (a) First reading ot Ordinanoe No. 13171 "An Ordi~ce ot the City
of Cupertino Amending Section 1 ot Ordinance No. 2 by Rezoning
Approximately .22 Gross Acres trom R1-7.5 Zone to P Zone, Located
on the Southwest Corner of Miller Avenue and Richwood Drive."
22. Application 21-U-84 ot Michael Weber and Fred Michaudl Use PerII1t to
expand an existing single-story ottice building to a two-story offioe
building equaling approximately 16,000 sq. ft. and Envirolllll8Dtal
Review: The Planning Collll1ssion recolllDends the granting ot a Negative
Deolaration. The sUbjeot property is located on the southwest corner
of Miller Avenue and Richwood Drive. (To be oonsidered with
Application 10-Z-84.)
Director of Planning and Development Cowan reviewed the applications with
Counoil. He stated that the applicant is now deleting the gateway oonoept
leaving the residential area as it is and keeping the present offioe
zoning. He said that the new proposal is consistent with F'~~s and the
parking ordinance.
Fred Michaud, applicant, expressed concerns regarding the interseotion of
Richwood and East Estates. He felt the gateway concept was premature. He
agreed that he would pay his tair share (1/4) when the time comes tor that
kind ot development. He expressed conoerns regarding the proposed
islands.
Ray Rooker, architect, said that the proposed ottice structure would
consist of a glass box placed on top of the existing building at an
angle. He said that he would like to go back to the original design. The
air condi tioning on the root ot the building would be hidden by a
parapet. He telt that it would be desirable to have a larger building,
landscape the pie shaped parcel, and eventually do f'omething with the
intersection.
Dir. ot Planning & Development Cowan stated that a gateway would be an
off-site improvement and set a policy.
A councilmember mentioned that one can not see traffic beca'Jse of the
overgrowth on a lot on the corner ot Ricbwood and Hiller, across trail the
torœer LOf't Kine Restaurant.
D1:scussion regarding the arcbitecture of the proposed building follow.
Steve Fleshman, 10171 E. Estates Dr., requested that Council deny the
applications. He stated that they were not the ones that were betore the
Planning CoIIII1ssion and that Collll1ssion should review them prior to
Council action. He said he is against the entire project and that no one
had seen these plans betore. Hr. Fleshman was informed that what was
being presented was the original architectural ~oncept.
It was moved by Couno. Pl1mgy, seconded by Counc. Gatto and passed
unanimously to close the Public Hearing.
It was moved by Counc. Plunl~, seconded by Counc. Rogers and defeated with
a 4-1 vote, Counc. Sparks ~issenting to deny application 10-Z-84.
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MIIiUTES OF TIlE JUI,! 15, 1985 CIn COOlfCIL MEETING (CC-675)
.
It. was IDOv8d by Couno. Plungy, seoonded by Couno. 1\ogers and defeated with
a 4-1 vote, Gatto, Rogers, Sparks and Johnson disst'lnting to deny
application 21-U-84.
It was moved by COUDC. Gatto, seconded by COUDC. R08ðrs and passed with a
4-1 vote, CoUDC. Plungy ~.I.ssenting to continue Application 21-U-84 to the
regular 11188ting ot August 5, 1985 and time pel"ll1tting to reter the
architecture back to !.S.A.C. tor a report toousing on its compatibility
with the residential units in the 1Daediate area.
PLAlClCIICG APPLICATIOICS
24. Application 22-0-85 ot Beim and James Properties 1111 Ose Permit to
construct a three story, 38,700 sq. tt. ottice building and remove an
existing restaurant on the site. Environmental Reviewl The Planning
Comaission reco--.nds the granting ot a Negative Deolaration. The
sUbject property is located on the west side ot Horth De Anza
Boulevard approxt.ately 130 tt. north ot Valley Green Drive in a P
(Planned Development with General Commercial, Light Industrial and
Residential 4-10 dwelling units per gross acre intent) zoning
district. Recommended tor approval.
Director ot Planning and Development Cowan reviewed the application with
Council.
.
Bob Beim, owner and applicant, answered Council questions and introduced
Bill Bocook, architect.
Mr. Bocook presented Council with a DIOdel ot the proposed project. The
applicant stated that the ottice building is planned to be built on the
existing grade and all trees possi~le will be retained.
Mr. Cowan into~ Council that the need tor condition no. 23 regarding
ingress/egress was marginal.
8i11 Bocook said that both two and three story buildings had been
considered but with the three story there was less coverage ot the land
which would allow tor IIOre landscaping. The design c,;¡nais':< ot two cubes
at an an&le oor.neoted by an atriUII which helps to eliminate SOllIe ot the
IIIUIsive look.
It was IDOved by Counc. Plungy, seconded by Counc. Rogers and passed with a
3-2 vote, Counc. Gatto and Sparks dissenting to deny the application.
Council suggested that the applicant try to tind an occupant that woul.d
keep the site as a restaurant.
.
25. Application 24-0-85 oC Bruce Terry and Steve Buxa (Domino's Pizza):
Use Permit to operate a take-out and delivery pizza business and
Environmental review: The proJect is categorically eX_tit, hence, no
action is necessary. The subJect site is located in the Portal Plaza
Center on the north side of Stevens Creek Boulevard approximately 400
ft. east of Portal Avenue in a P (Planned Develop,ent with CommerciÃl,
Office and Residential intant) zoning district. Recommended for
approval.
Application continued.
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MDIVTBS OF TIlE JULY 15, 1985 CITY COUNCIL MEBTIIIG (Cc-675)
ARCHI1'ECTUIW. AJCD SITE APPROVAL COIfUT'TEE APPLICATIOICS
26. 1C0De.
NEW BOSIICZSS
29. Consideration ot an ordinance regulating tbe operation ot ott-street
vehioles in the City ot Cupertino.
(a) First reading ot Ordinanoe No. 13221 "An Ordinance ot tbe City
ot Cupertino Adding Chapter 11.10, Ott-street Vehicles, to the
Cupertino Munioipal Code."
It was !lOved by Counc. Plungy, seconded by Counc. Gatto and passed with a
unanimous vote to oonduct tirst reading ot Ordinance No. 1322 by title
only and the City Clerk's reading to constitute the tirst reading thereot.
30. Cable Television
reooaaendations.
Government Channel
Survey
results
and
Mayor Johnson announced that he would abstain tram both discussion and
vote 011 this item because ot posaible oonflict and turned the meeting over
to Mayor Pro Tempore Barbara Rogers.
Counoil disoussed the various alternatives presented.
Earl Moore reminded Counoil that many people in Cupertino still got Gill
Cable and do not have aocesa to Channel 30. He said that many ot those
that do reoeive Gill Cable would like to watch the programs 011 Channel
30.
It was !lOved by Couno. Gatto, seconded by COUDO. Plungy and pasaed >lith a
4-0 vote, CoUDO. Johnsoo abstaining to authorize a budget baaed 00
$70,000.;!: (baaed on alternative 1-90 additional viewers), requested 2-year
pragraDlll1ng plan designed to penetrate the market.
31. Planning COIIIII1saion reoOGDendation to initiate a Generd Plan bearing.
It vas !lOved by CaUDO. Plungy, seconded by CoUDC. Rogers and pasaed
unAni"ously to authorize initiation ot General Plan hearings to oonsider
request ot Prometheus Development, request t~ Valloo Park, residential
z~ning classiticaticn tor entire Blosaom Way cul-de-sac and housing
element.
32. Claim tor dama~6S tiled by Mr. and Mrs. Gene C. Hunt.
It was !lOved by CoUDC. Sparks, ~econded by Counc. Rogers and pasaed
unanimously to reJect and authorized the City Cler~ to so notify claimant.
33. Claim tor personal injury tiled on behalt ot Huriel F. Robillard.
It was moved by Counc. Sparkt seconded by Counc. Rogers and pasaed
unanimously to r9Ject and direot City Clerk to notity claimant's attorney.
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HDfIlTB3 OF THK JULY 15, 1985 CIn COOlCIL MEETING (CC-675)
311. ClaiJI tor indemnity: Renwald vs. City ot Cupertino.
It. waa .oyed by Counc. Sparks, seconded by Coun'J. Rogers and paaaed
unanr.oualy to ~Je~t. and direct. t.he Cit.y Clerk t.o DOtify the olaimant.
35. Cla18 against publio entit.y tiled on behalt or Wurst.er, Bernardi and
&.1008, Inc.
It. was .oYed by Counc. Sparks, seconded by Counc. Rogers and pasaed
"rlanhooualy to reject. and direct the City Clerk to notity the claimant's
attorney.
WRITTEII COtIIUHICATIONS
36. None.
ORDIIIAlCCBS
37. Second l"eading or Ordinance No. 1318: "An Ordinance or the Cit.y or
Cupel"tino Amending Sect.ion 1 of Ordinance No. 2 by Rezoning
Approximately .65 Acres from A1-113 Zone to R1-20 Zone; Located at the
End ot Ht.. Cl"est Plaoe."
It was .-eyed by Couno. Plungy, seconded by COUDO. Gat.to and passed
UDanilloualy to read Ordinance No. 1318 by title only and the Cit.y Clerk's
l"eading to constitut.e t.he second reading thereot.
It was .-eyed by CaUDC. Gatto, seconded by CoUDC. PlUDgy and passed
uruoni-oualy to eaact. Ordinance No. 1318.
38. Second 1"ead1ng or Ordinance No. 13191 "An Ordinance or t.he City or
Cupertino .blending Section 1 ot Ordinance No. 2 by Rezoning
Appron-tely .36 ACl"es troll RBS ZODe to R1-10 Zone; Located on the
fortb Side or HercedesRoad 500 Ft. West. ot Cordova Road and 100 Ft.
West. or the TeMlinua of San Felipe Road."
It. was 80Yed by COUDO. Plungy, seconded by COUDC. Gatto and passed
W'ani-oualy to read Ordinance 1C0. l319 by title only and City Clerk's
reading to conatl tute the second reading thereot.
It was 80ved by CoUDO. Plungy, seconded by CoUDO. Gat.to and passed
uruoni-oualy to enaot Ordinance 1C0. 1319.
RESOLUTIONS
39. None.
ICON-AGEJlDA BUSIIIESS
40. Recognition by Mayor ot special requests.
(a) General Audience.
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HIlOTBS OF THE JULY 15, 1985 CITY COIJllCIL HBETDfG (CC-675)
Upon be1118 ¡-equlI}steü ':, a _ber ot the audienae, Counail directed tbe
start investigate tie.. poaa1ble need for a stop sign at tbs corner of Irwin
and 1tiJI.
(b) City CoUDc1l.
Counail requested that tbey recehe ilaediate notiae regarcU.IIg it_ ot
spe'J1al interest and suggested that they be phoned and then be sent
written 1nto~tioo.
(a) Staff.
CLOSED SESSIOIC
At 10115 p.m. ')UJIall adjourned to a alose seaaion to disauss two items ot
persannel.
At 10145 p.m. COUDail reconvened in Chamber, also present were City
Manager Quinlan, City Clerk Cornelius, Assistant to the City Manager Brown
and City Attorney Kilian.
It was IIOVed by CaUDa. Gatto, seconded by CaUDa. Rogers and passed
unanaously to set Septeaber 4, 1985 at 7100 p.m. for a special meeting
and to authorize th<! hiring ot Whitlllore and Firm, attorneys, to represent
start' at tbis bearill8.
eo.pensation tor City Manager and City Attorney
It was IIOVed by CoUDa. Rogers, seconded by CaUDa. Gatto and passed
unaDaously to approve compensation per reaQaB8Ddatioos.
ADJOUJIIDIDIT
Counail adjourned at 10150 p... to 7:00 p.a., Mooday, July 29, 1985.
Respectfully Subaittedl
~
City Clerk
~
~. )
( ...--J
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