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CC 08-05-85 .. . . (tems con- tinued COlDIDun it Y Center Com. Financial consultant. Civic Center Medicare I/or ial Sec- ¿.lty CITY OF CUPERTINO, STArB OF CALIP'ORlfIA 10300 Torre Avenue, Cupertino, CA 950111 Telephone: (1I08) 252-11505 CC-676 MINUTES or m REGULAR MEBTIIG or THE CITY COUICIL HELD ON AUGUST 5, 1985 II TBB COUNCIL ClLUl5BR, CIn HALL, CUPBRTIIO, CALIFORlfIA At 6:115 p.m., Mayor Johnson called the meeting to order in the Council Chamber, City Hall, Cupertino, California. SALUTE TO THE FLAG ROLL CALL Counc. Present I Gatto, Rogers, Sparks, Mayor Johnson Counc. Absent: Plungy Statt Present: Ci ty Manager Quinlan City Clerk Cornelius Director of Public Works V1skovich Director of pI.nning and Development Cowan' Director of Parks and Recreation Dowling Assistant to the City Manager Brown C<øDunity Attairs Otticer Blackburn City Attcrney Kilian POSTPOIlEHEHTS OR IŒV AGBJIDA ITEMS - It was IIIOved by Couno. Sparks, seconded by Counc. Gatto and passed ..".n1....usly (II-O) to continue Items 29 and 33. 1. Oral reports by staff _bers and subJD1ssion of written reports. City Manager's Report ec-1ttee for eo.un1ty Center - By consensus, Council appointed John Plungy and Reed SparkS to serve CD tbe ec-1ttee tor the eo.un1ty Center and directed that staff tollow up regarding a representative tram the Parks and Recreation Commission. ComdÚttee to select a financial consultant, Certificate of Participation tor Civic Center - By consensus, the Council appointed Mayor Johnson, Counc. Barbara Rogers, the Director ot Finance and the City Manager to this committee and requested the:' the City Manager schedule a meeting. Federal Council meeting legislation - Medicare continued consideration of August 19, 1985. and/or Social Security - of this item to their -1- Mlwm OV 'mE ..UGUS't 5, '985 Clf! COUNCIL HmING (CC-616) 2. Report on trattic - Menta Vista area. It was ~ved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously (~-O) to conduct a public hearing ·at the -.eting ot Tuesday, September 3, 1985. City Manager Quinlan pointed out to Council that he had heard there was a possibility ot delay in regard to the widening ot 280. Council expressed opposition to any delay in the project and directed that GOIIgresSlllen Zschau and Mineta be notit1ed as well as Hr. Bagley ot the Public Utilities Commission. The City Manager was directed to schedule a morning meeting to discuss this issue. 3. Report on stop sign at Erin and Kim. Council received the report. City Clerk's Report It was IIOved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to approve execution ot the agreement with Whitmore, Kay & Stevens. The City Attorney intormed Council that a dratt Development Agre_nt with Pt'ometheusDevelopllleDt Co. was prepared. He recommended that an ad hoc coJlllll1ttee review it prior to toral presentation. The committee will consist ot John Gatto, John Plungy, Director ot Public Works, Director ot Planning and DevelopMDt, City Attorney and City Manager. The City Attorney informed Council that he would not attend the August 19 meeting and in his place would be Robert Sacha. COUICCIL REPORTS - None. CONSENT CALBlfDAR Counc. Rogers requested that Item 13 be removed. It was IIOVed by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to approve the remainder ot the Consent Calendar as submitted. -2- Manta Vista Traffic Development agreement. Prometheus Items removed Balance of Consent Cal- endar approved MINUTES OF THE AUGUST 5, 1985 CITY COUNCIL MEEîIJCG (CC-616) 9. Resolution No. 66441 -A Resolution ot the City Council of the City of Cupertino Allowing Certain Claims and ~ds PayablE' in the &.ounts and rro. the Funds sa Hereinafter Described for Salaries and Wages for the Payroll Period Ending July 9, 1985.- 10. Resolution No. 66451 "A Resolution of the City Council of the City of Cupertino Allowing Certain Cla1ID8 and ~s Payable in the &.aunts and frœ the Funds as Hereinatter Described tor Salaries and Wages tor the Payroll Period Ending July 23, 1985." 11. Resolution No. 66461 "A Resolution ot the City Council ot the City ot Cupertino Allowing Certain Claims and Demands Payable in the &.aunts and Fro. the Funds as Hereinatter Described for General and Miscellaneous Expenditures for the Period Ending July 19, 1985.- 12. Resolution 1C0. 6641: "A Resol~tion of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the &.ounts and FI'OIII the Funds as Hereinatter Described for General and Miscellaneous Expenditures for the Period Ending July 30, 1985.- 13 . ReIIIOved. 14. Request tor approval ot cable television grants. 15. Resolution No. 66481 "A Resolution of the City Council ot the City of Cupertino Approving Contract Change Order 1C0. 1 tor Bianchi Way Street Improvements, Project 85-11." 16. Resolution No. 66521 "A Resolution of the City Council of the City ot Cupertino Approving the Final Hap and IaproV8DeDt Plans ot Tract Ro. 7218 Located on Tula Lane; Developer, Debcor/Stelling 8; Accepting Certain Easements; Authorizing Signing of Final Hap and Iaprovement Plans; Authorizing the Execution of Agreement in Connection Therewith." 17. Resolution No. 66531 -A Resolution ot the City Council ot the City of Cupertino Accepting Grant of Easement for Roadway Purposes fl'Olll Ja.es C. and Jenay A. Hoftman Consisting of ApproxiJlately 0.12 Acre, Located on Tula Lane.- 18. Resolution No. 6649: -A Hesolution ot the City Council of the City of Cupertino Rescinding Resolution No. 6621, and Authorizing Execution of Standard Improvement Agreement with Ronald A. Swanson for the Street Frontage at 10580 South Foothill Boulevard." -3- HDfUTES OF THE AUGUST 5, 1985 CIn COUICIL MBETIICG (CC-676) 19. Resolution lCo. 66501 WA Resolution ot tile City Council ot the City ot Cupertino Author1zing ExeoutiOll ot Deterred Agree.nt with Agostino Burno and Arlene R. Burno tor tile Iaprov...ent ot Frontage alOll8 Santa Paula Avenue.· 20. Minutes ot regular Meting ot July 15, 1985. (CC-675) ITEMS JIEK)'lED FROM COHSDT CALBNDAR 13. Application 15-U-85 - De Anza Properties (Otis Forge - Cupertino Inn) - Requesting approval ot tile north elevation, interior walkways, and interior balcOD1es ot a 126 unit actal. Tile sUbject property is located on the nortbwest corner ot Highway 280 and De Anza Boulevard. Rec_nded tor approval. Dennis Henmi, architect, reviewed the lIIOdir1cations tor Council. He stated that plaster would not be used. It was moved by Counc. Gatto, seconded by CGunc. Rogers and passed unanimously (4-0) to approve Appliction 5-U-85. 5-U-85 approved Mayor Johnson announced to those present that Items 29 8111 33 had been continued. ORAL cottroIIICATIOICS 22. Melllbers ot the audience regarding IIIIItters not 011 tbe agenda - lone. PUBLIC HEARIICGS 23. ConsideratiOll ot vacation ot a portion ot a pedestrian and equestrian eas_ent, Lot 8, Tract 5990, Rainbow's End. (a) Resolution lCo. 66511 WA ResolutiOll ot the City Council ot the City ot Cupertino Ordering VaoatiOll ot a Portion ot a Pedestrian and EQuestrian Eas_t; Lot 8, Tract No. 5990, Rainbow's Bnd, Pursuant to Section 50430 ot tbe Government Code ot the State ot Calitornia. W Director ot Public Works Viskovicb reviewed the proposed vacation with Council. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to close the public bearing. Public hearing closed -4- · 6651 adopted · · MIHUTES OF THE AUGUST 5, 1985 CIr COUNCIL HEE'l'DlG (CC-676) It was .aved by Counc. Sparks, seconded by Couno. Gatto and passed unaniJDously (4-0) to adopt Resolution lCo. 6651 ordering vacation. 2_. Application 11-Z-85 ot Town Center properti&s (Juon Cbartier)I Rezoning approxiDlately 13.4 BOres fl"Oll P (Planned Development with Commeroial, Ottioe and Residential 15-30 dwelling units per gross BOre intent zone to P (Planned Developlll8l1t with Commeroial, Ottioe and Residential 25-30 dwelling units per gross aore inteni.) zone and Envirolllllel1tal Revievl The Planning Coaaission reco_ends the granting of a Negative Decl~tion. The sUbject property is located between Rodrigues Avenue and Stevens Creek Boulevard east ot Torre Avenue. Recommended tor approval. (This application to be heard in conJunction with Application 17-U-83 - Revised). (a) First reading of Ordinance No. 13171 RAn Ordinance of the Ci ty of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning .pproxiDlate1y 13.!t Acres from P Zone to P Zone; Located Betwee~ ~odrigues Avenue and Stevens Creek Boulevard East ot Torre Avenue.R PLANNING APPLICATIONS 25. Application 17-0-83 (Revised) of Town Center Properties (Juon Chartier) : Ose Perm! t AmendJllent to construct _96 dwelling units and 90,000 sq. tt. ot coœmercial/oftice space in lieu ot a previously approved 248 dwelling units and 45,000 sq. tt. of c_rcial/office space and EnvirolUllental Revievl The Planning Coamission rec~ends the granting ot a lCegative Declaration. The proposal involves construction of a tour-story 220 unit Senior Housing project, a tive-story 45,000 sq. tt. co_eroial/offioe building, in addition to the 112 oondollin1U11 units and _5,000 sq. tt. otfice building ourrently under construction. The subJect property is located between Rodrigues Avenue and Stevens Creek Boulevard east ot Torre Avenue. Rec~ended for approval. (This application to be heard in conjunction with Application 11-Z-8_. ) Director ot Planning and Development Cowan intorll8d Council that the condoll1n1U111S were not to be rezoned and that the new zoning designa tion would lock in the senior housing proJect. There was SOIDS question as to whether the proposed zoning would be 25-30 or 25-50 units per acre. He informed Council that there was also 50a:e concern regarding the fire apparatus and access. -5- KIHtITES OF THE AUGUST 5, 1985 CIn COUHCIL HUTIIG CCC-616} Upon bding asked when the signal would be activated at the intersection ot Torre Avenue and Stevens Creek Boulevard the Director ot Publio Works stated that PG&E 18 trying to get easements fro. the property owners so utilit1es oould be UI1dergroUl1ded. John Vidovich statad that at present the pole being 1n the II1ddle of the road is very dangerous and suggested that perhaps the City oould get PG&E to complete the project taster. Dale Gray, ber1can Residential Chateaus, subllitted a synops18 ot her experience in the tield of _""ging a senior housing tacility. She stated that the services available are a package plan along with living in the unit. Upon being asked, she intormed Counoil that usually her faoilities give a 60-day notice prior to any rent increase; however, the minimum would be 30 days. Mr. Vidovich stated that there is a growing need tor this type ot faoility. Dennis Henm1, architect, rev1ewed the architectural flavors of the building and site plan. He pointed out passive open areas and tOUl1talns 011 the parlc1ng deok. Charlene Evans, 20750 Celeste Circle, inquired as to the range of rents. She was informed that what is called a shared studio would be $895 a month; a regular studio, $995 a month; a one-bedrooa apartment, $1,195; and a two-bedrooa unit would be $1,395. Marty Killer, 20348 Clay Street, informed CoUl1oil that he had several oonoerns. He felt that this was a lot of building 00 a _11 &aoUl1t ot property and that the s1te was crowded. He expressed oonoem regarding a potential for visual intrusion and that the development oould beoOlll8 a wind tunnel. Mr. Miller sa1d that in SOllie ot the senior citizen apartments, it looked like there would be no SUl1 at all. He also felt that the proposed development consisted ot different types of architecture and there were no UI1ifying features. He SuggflSted that CoUl1cil oonsider subllitting the plans for an outside architeotural review. Mr. Killer also expressed ooncem regarding the tUl1otionality ot the apartments as he telt some mignt be too small. Mr. Killer also expressed a oonoern regarding the growth of ottice spaoe at that location. In addition, he felt that CoUl1cil would be approving part of a project without knowing what was going in on the rest of the area. He felt that this may not be the best thing for Cupertino. -6- · Public hear- ing closed · Item contin- ued to Sept. 3 · MIJCUTES OF THE AUGUST S, 19B5 crr! ComlC1\. MElrIlG (cc.6T6) Mr. Vidovich intormed Council that the American Residential Chateaus will have a long term lease tor the proJeot. It was IIOVed by Counc. Sparks, seconded by Counc. Gatto and passed unaniJDOusly (4-0) to close the public hearing. One suggestion tro. Council was that it the developer redesigned the project, it. should taper down.easterly and on the Stevens Creek Boulevard side. There ~ also concem expressed regarding the closeness ot the parldDg structure to Stevens Creek Boulevard. The opinion was expressed that the proposed landscaping was not enoup to unity the various elements ot the proposal. It was stated that having a four story oftice building 40 ft. frœ tbe property line was too close. However, the opinion was stated that the senior citizen portion ot the proposed development ~ a valuable contribution to the community. Mr. Vidovich informed Council that he was hoping to obtain IIOrtgage revenue bond financing which may disappear betore the end of tbe year. He requested specific direction from Council. Concern was expressed regarding tbe reflective glass in the office building and the fact that the senior housing was too high and too close to the street. It was suggested that a 1-1/2 to one ratio (60 ft. away from property line, 40 tt. high) be used as a guideline. In addition, it was requested that no parking garages tront on Stevens Creek Boulevard and that the IIOVell8l1t trom east to west along the property line should be f!'OlD low to higher. The applicant was requested to return with a OOIDPlete plan. By ccnaensus, Council telt that rather than rezone tbe area the densi ty be approved based on special cirOUllStances resulting frœ the need for senior citizen housing. It was IIOved by Counc. Sparks, seconded by Counc. Rogers and passed unan1JDOusly (4-0) to continue consideration of the item to the Meting ot September 3, 1985 and that a llinute order be sent to the Planning Collllission requesting that they consider the new proposal. 26. Application 21-U-84 of Michael Weber and Fred Michaud: Use Penai t to expand an existing single-story office building to a two-story ottice ~uilding equaling approximately 16,000 sq. ft. and Environmental Revievl The Planning ColBission reco_ends the granting of a Negative Declaration. The subJect property is located on the southwest corner of Miller Avenue and Riohwood Drive. -7- HII11T&S or THE AUGUST 5, 1985 CITY COI1lCIL MDTDlG (CC-676) Director ot Planning and Development Cowan intol'lled Council that the project had been downsoaled to 13,0110 sq. tt. It was IDOVed by Counc. Sparks, seconded by Counc. Gatto and passed unaniJlously (4-0) to grant a Negative Declaration. It waa IDOVed by Counc. Sparks, seconded by Counc. Gatto and passed unanimously (4-0) to approve Application 21-U-84 per PlAnning Coaaission Resolution Ho. 2649. Ate¿.;? :-....1:l,. ~ . ~-I~-I'-- 27. Application 8-~85 ot Charles T. Maatersl Tentative Subdivision Map to subdivide approximately 1.5 acres into six parcels ~ging in size troll 7,300 sq. tt. to 11,600 sq. tt. and Environmental Reviewl The Plannin¡ CoIIa1ssion recommends the granting ot a Negative Declaration. The sUbject property is located on the north side ot Jollyman Lane 350 ft. 83st ot Stelling Road in a R1-6 (Residential Single-family, 6,000 sq. tt. IlilÛllum lot size) zoning district. Recommended for approval. Director ot Planning and Development Cowan reviewed his report and the Planning Collllllission action. Randal B. Sllith, President ot Rede81118r Lutheran Church Council, stated that it waa to the interest ot the Church to have the street put in. He 1ni'ormed Council that the Church waa pursuing negotiations with Mr. Masters. John """&1'"0, 10716 So. Stelling Road" concurred with the Planning CoaIission approval. He said that he has sold his property contingent upon approval ot this application. Irene Jauch, 10760 So. Stelling Road, said that Jollyaan Lane is a 20 tt. easement tor ingress tor the property owners. Sbe stated that part ot her property is being taken and that the developer had had the audacity to develop her property. She intOl'lled Council that she does not wish to develop her property. Sbe stated that the Planning Co.mssion chairperson had told her and her husband that the bulb stays only it they develop their property. She stated that they do not need the proposed _rgency vehicle turnaround and expressed desire to save the existing trees. The City Attorney stated that prior to any property sought by eminent dOlllain, the property owner would be heard by Council; there would be a complete property owner hearin¡ required. Mrs. Jauch was informed that Council was not approvin¡ future roadway at this time. -8- Negative Dec. for 2l-U-84 21-U-84 approved ~. HIlfl]TES OF lIfB AI1GI13T 5, 1985 CITY COUIfCIL HD'J'ING CCC-616) . Hr. Leroy Hay, 10758 So. Stelling Road, stat~ he did not wish to develop. Hr. Hay was intOl"ll8d that Counoil was approvina a plan line and that CDly the green and red designated portioaa would go in. The rest would be o~leted as property develops. Upon beina asked it it were poaaible to avoid the Jauoh's property, the Direotor of PlaDning and Deve10plMnt stated that it was. Jerry Sullivan, 7630 Ii",': '. Lane, expreaaed ooncern regarding setbaolcs and hei8l1t of the buildings proposed. Gregory McDonald, 76111 Ii:-win Lane, addressed Counoil regardina Paroel 1C0. 1 am its layout CD the tentative map. He expressed agreelllent with the c~ents lllade by Hr. Sullivan. Herbert Morris, 7620 lirwin Lane, stat.ed that he lives CD the north boundary ot Lot No. 1 am expressed agreement with Hr. Sullivan and Hr. McDonald. He stated that he does not want a large buildina that olose. . Carol 1C0to, 7626 lirwin Lane, said she didn't want another side yard. Marvin lt1rkeby, project engineer, stated that there were several proh'e~ with Lot No.1. Ed Jauoh presented Counoil with a handout and requested that ths City obtain turnaround standards frea the Fire Departaent. Negative Dec. for 8-TM-85; 8-TM-85 approved It wsllOved by Counc. Sparlcs, seconded by Couno. Gatto and passed "nAn1ooously (11-0) to grant a Beptive Declaration. It was IIOved by Couno. Sparlcs, se;londed by Couno. Gatto and passed unanaously (11-0) to approve Application 8-TH-85 per p1.nn1ng eo.a1ssion Resolution No. 2665 with a restriotion beina recorded on the tinal map that stated that a building on Lot Bo. 1 be restrioted to one st.l)ry. The o~ent waa made that the northerly property line is the rear property line. RECESS I 9:50-10:00 p.... Hayor Johnson announced that ItellS 29 and 33 were oontinued. . -9- H1HUTES OF THE AUGUST 5, 1985 CITY COUlfCIL HEETIHG (CC-676) NEW BUSINESS 36. Report 011 trattic .ttigating measures. in area ot Eaton Avenue and It was IDOVed by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to hear this item at the September 16, 1985 meeting. Eaton area traffic PLAHlCIICG APPLICATIONS (oontinued) 28. Application 21-U-85 of Dave Hobson {Raymond Rooker)l Use Permit to convert a 1,000 sq. tt. single-story residence into a 2,030 sq. f't. two-story of'tice building and Environmental Reviewl The Planning CoaIDission recoDlDends the granting ot a Negative Declaration. The subJect property is located 011 the south side ot Granada Avenue approximately 100 f't. west of' Imperial Avenue in a P (Planned Development with Neighborhood Commercial, Light Industrial and Residential, 4-12 dwelling units per gross acre intent) zoning district. RecoDlDended tor approval. It was IDOvdd by Counc. Sparks, seconded by Counc. Gatto and passed unaniaously (4-0) to grant a Negative Oeclaration. Negative Dec. for 2l-U-85 It was IDOVed by Counc. Sparks, seconded by Counc. Gatto and passed unanilDously (4-0) to approve Application 21-U-85 per Planning Commission Resolution No. 2666. 21-U-85 approved 29. Application 24-U-85 of' Bruce Terry and Steve Buxa (Domno's Pizza): Use Permit to operate a talce-out and delivery pizza business and Environmental Reviewl The proJect is categorically exempt, hence, no action is necessary. The subject site is located in the Portal Plaza Center 011 the north side of' Stevens Creek Boulevard approximately 400 tt. east ot Portal Avenue in a P (Planned Development with CoDlDercial, Otfice and Residential intent) zoning district. RecODlllended tor approval. Continued. 24-U-85 continued ARCHITECTURAL AIiD SITE APPROVAL CO~ITTEE APPLICATIOICS 30. None. -10- . Contract to Ambo Concrete Landlordl tenant relations . HC-5l,613.1 Continued . MINUTES OF THE AUGUST 5, 1985 CIn COUHCIL HEE1'ING (CC-676) UlCFIICISHED DUSIICESS 31. Report on bid opening tor McClellan ~oad Improveaents tr'Ola De Anza Boulevard to South Stelling Road, Projeot 85-02, and award ot bid. (Continued trom June 17, 1985) It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously ( 4-0) to award the contract to Ambo Concrete based on lowest bid and that the unit cost be used to reduce the cost to $77,451.30 to construct right turn lane westbound McClellan Road to northbound Stelling. Council requested that in future with this type it8ID, drawings be included. NEW BUSIICESS 32. Review and consideration ot approval ot contract to provide intormation, reterral and mediation services to landlords and tenants. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to approve the proposed services and to authorize the City Attol"Dey to draw up an agreement. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanilllously (4-0) to authorize the City Manager to sign that agreement. In addition, the City Attorney shall return at the _ting ot Sept8lDber 3 with an ordinance regarding length ot notice prior to any rent increases, trequency of rent increases and other matters pertaining to landlord/tenant concerns. 33. Appeal ot Architectural and Site Approval Committee decision on Appl1ca tion He-51, 613. 1, W. L. Harocco Development Company; signage on building. Continued. 34. Appeals ot Planning Commission approval ot Application 7-TH-85, Terry Brown Construction Co. to subdivide 0.4 acres on the east side ot South Stelling Road and proposed extension of a cul-de-sac (Robindell Way). Sandra Chadd, 11354 So. Stelling Road, intormed Council that presently they have gravel driveways in the area and they do not want any paving done. She stated that there are many trees and much wlldl1te in that area. She wished it to remain rural. -11- MIICUTES OF THE AUGUST 5, 1985 CITY COUlfCIL MBETIICG (CC-676) LaVerne Nelson, did not wish to driveway. 11350 So. Stelling Road, give up her driveway. stated that she It is a private It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to deny the appeals. 35. Request trom J. D. Vanderlaan on behalt of Mr. and Mrs. Joseph P. Franco and Mr. and Mrs. Alfred E. Benzo tor recordable agreement with the city in lieu ot deposit of $50,000 cash to cover possible costs of future installation ot trattic light at intersection ot Homestead Road and Franco Court. Mr. Vanderlaan addressed Council stating that he is in favor of a signal but he did not want the money tied up tor years. He requested that the City Attorney prepare ,. dooument tor recording. The Director of Public Works suggested that a time limit be placed on retention ot funds. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously (4-0) to accept cash or a letter ot credit with a tive year limit tor retention and to approve the allocation tormula as presented. Atter the tive years, the money would revert to the original owners. It was moved by Counc. Gatto, seconded by Counc. Rogers aDd passed unanimously (4-0) that the Director of Public Works develop a procedure so that should funds be submitted over a lengthy period, an inflation factor would be included. 36. Continued (considered atter Item 27). 37. Claim filed on behalf ot Vera I. Sullivan. It was moved by Counc. Rogers, seconded passed unanimously (4-0) to reJect vtatf to notify claimant's attorney. 38. Consideration ot an ordinance to amend various sections of the Cupertino Municipal Code to change terms ot those serving on various advisory bodies and terms of officers. by Counc. Ga t to aDd the claim and direct -12- A¡:¡;;::;ls of 7-TM-85 denied Traffic light at Homestead and Franco Ct. Sullivan claim denied . Firs treading cf Ord. 1321 Cupertino Scene printing contract . No participa- tion in video package Cable TV programming - MIlUm 0' THE AUGUSor 5, '965 CIn COUNCIL KUtDlG (CC-676) 38. (a) Firat reading ot Ordinance No. 13211 "An Ordinance ot the City ot Cupertino '-nd1ng Chapter 2.32, Planning Coamission; Chapter 2.36, Paries and Recreation Collll1ssion; Chapter 2.38, Energy CoIIIIIission; Chapter 2.44, Arch1tectural and Site Approval Committee; Chapter 2.60, PUbl10 Satety Coamission; Chapter 2.68, L1brary ColDlssion; and Chapter 2.74, Cable Television Advisory Committee, of the Cupertino Munioipal Code." It was moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously (4-0) to read Ordinance lCo. 1321 by title only and the City Clerk's read1ng to oonstitute the first reading thereof. 39. Report on bid opening, Cupertino Soene, and award of contract. It was IDOVed by Couno. Sparks, seconded by Counc. Rogers and passed unanimously to award the contract to the lowest responsible bidder, Alonzo Printing, tor a total ot $39,494. 40. Request from ICHA for City partioipation in a publio education video paokage. It was moved by Couno. Gatto, seconded by Couno. Sparks and passed unanimously to direct no participation in oonaortiUID and not to pursue additional in-house video produotion re oounoil/management torm ot government. 41. Cable Television recommendations. Government Channel progralllll1ng It was moved by Couno. Gatto, seconded"o>y Couno. Rogers and passed UlIal1.....usly (4-0) to approve the reco_nded progralll tormat tor a cost ot $71,280 and to diN ,t start to report back regarding the capability at an alA to_tic playbaok machine. 42. City ot to Forty, SUDIIlOns and complaint: Susan Cory Flaaa, Sunnyvale, City ot Cupertino and Does One defendants; Victoria Saidy, plaintiff. Counoil received the summons and complaint. 43. Report on site improvements (deferred 10070 Imperial Avenue and request tram for authorization to proceed against meeting oontraotual obligation. agreement) at City Attorney firm for not -13- Mltm'rV! Oi' THE ..UGUST 5, 1985 CITY COOICIL HUTIIG (CC-616) The Direotor ot Public Works stated that Hr. Higdon has s1gned II contraot with the City aDd there tore requested that the item be w1tbdNIII1. Counoil 110 d1reoted. WRITTBH COHKUHICATIONS 44. None. ORDIICAlCCES 45. Second reading of Ordinanoe 10. 13221 "An Ordinance of the City ot Cupertino Adding Chapter 11.10, Oft-street Vehioles, to the Cupertino Municipal Code." It was IIIOVed by Counc. Rogers, seconded by Couno. Gatto and passed unanimously (4-0) to read Ordinanoe No. 1322 by title only aDd the City Clerk's reading to constitute the second reading thereot. It was IIIOved by Couno. Gatto, seconded by Couno. Rogers and passed unanimously (4-0) to enact Ordinance No. 1322. RESOLUTIOICS 46. None. ICOI-AGENDA BUSINESS 47. Reoognition by Mayor ot special requests. (a) General Audience - lone. (b) City Counoil. Counoil requested intormation regardi.ng three trees in Portal Plaza parldng lot that have apparently been ~ved. (0) Statt. Upon being asked, the Counoil said thay did not have any questions regarding the leu Bros. settl~t. It was IIIOved by Couno. Gatto, seconded by Couno. Rogers and passed unanimously (4-0) to accept the settlelDent per the City Attorney's reoo-endation and authorize payment At 10:50 p.m. the ...ting was adjourned. -14- Item withdrawn Second read- ing of Ord. l322 Ord. 1322 enacted Neu Bros. settlement