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CC 08-19-85 CC-617 CIrr OF CUPUTII/O, SrArB OF CALItOIIU 10300 Torre Avenue, Cupertino, CA 9SO'~ Telephone: (40B) 252-4505 MINUTES OF THE REGOL&R CITY COUNCIL MBETIICG HELD ON AUGUST 19. 1985 IIC THE COUlCCIL aweER, CITY HALL, CUPERTINO, CALIFORICI1 Mayor Johnson called tbe aaeeting to order in Counoil Chamber at 6:45 p.m. SALUTE 1'0 THE FLAG ROLL CALL Counc. Presentl Gatto, Plungy, Rogers, Sparks, Mayor Johnson Statt pre~ City ger Quinlan City Clerk COrl1el1us Director ot Plann1.ng and Development Cowan Director ot Finance Snyder Director ot Paries and Recreation Dowling Assistant City Engineer Whitten eo-unity Attain Officer Blaokburn Planner I Binnendyk Act1.ng City Attorl1ey Saxe POSTPONEMENTS OR NEW AGEHDA ITEMS - It811 1C0. 26 was withdrawn tram the agenda. STAFF REPORTS 1 . Oral reports by start _bers and sublllission of wri tten reports. City Manager's Report CoaDunications Services Cootract - It was mved by Counc. Rogers, seconded by Couno. PlUD8Y and passed unan1lllously to authorize payment ot $30.210. City Council/City Manager Worlc8hop - League of Calitorn1a Cities - Co~~cil requested that this be included in the City Manager's report in October. Water District Request for Assistance in leep1.ng Drainage Channel Free of Debris - After investigation regarding costs and labor involved, Council requested that the City Manager report back. -1- Item with- drawn Communications Services Contract Counc./Mgr. Workshop Water DisL · Highway 280 Improvements ABAG General Assembly Legue annual conference Da te of Oct. mtg. iction Cable TV grant - IillIUTES OF tHE ..UGUst 19, 1985 CITY COUNCIL HEETING (CC-677 ) Delay in Highway 280 Improvemsnts - It was IDOved by Counc. Gatto, seconded by Counc. Rogers and passed unanillously to adopt a resolution opposing any such delay and to direct the resolution be torwarded to HTC with copies to local legislators. City Clerk's Report ABAG Fall General Assembly - It was moved by Couno. Gatto, seconded by Counc. Johnson and passed unanillously to appoint Barbara Rogers representative and Reed Sparks alternate. League of California Cities Annual Conference - It was IDOVed by Counc. Sparks, seconded by Couno. Plungy and passed unanimously to appoint Mayor Johnson voting delegate and Mayor Pro Tempore Rogers alternate. Council also requested that the City Clerk include in her next report consideration of change of date for the regular City Council meeting scheduled for October 7. General Munioipal Election Scheduled for November 5, 1985 - It was moved by Counc. lIogers, seconded by Counc. Sparks and passed unanillously that Council's intent is to appoint the three nolllinees tor City Council and to deolare the General Munioipal Election scheduled for November as cancelled as per Cal1tornia Elections Code Section 22843.5, Subsection A,t and direct the City Clerk to publish notice of faots pursuant to Government Code Section 6061. Counoil directed the City Cleric to sohedule this matter tor consideration at the September 3 meeting. 2. Treasurer's Rdport - July, 1985. Council receivad the report. 1. Oral reports by statt members and sublll1ssion of written reports. (continued) Grant Application - Halliday/Swanson - It wa~ IDOVed by Counc. Plungy, seconded by Counc. Rogers ano passed unanimously to approve a $1,000 grant as recoamnded by the Cable TV Advisory Colllll1ttee. 3. Federal Ib3islation - Medicare and/or Social Security. -2- m\m.S OF 'm£ ~UGUSt \g, \985 CITY COUNCIL fØTING (CC-671 ) It was IDOVed by Counc. Rogers, seconded by Couno. Plungy and passed with Counc. Sparlc8 d1ssentir-ð to oppose the legislation. COUNCIL REPORTS 6. Couno. Plungy - Legislative Review Committee - It was IIOVed by Counc. Plungy, seconded by Couno. Rogers aDd passed unanimously to take the following aotions regarding proposed legislation: Oppose sa 969 (Robbins), payment ot punitive damages, and support League amendments. Refer AS 2185 (M. Waters), preparation of business plans for response to hazardous materials inoidents, to staft for comparison to City's ordinanoe. Support AS 2370 (Hauser), contl1ot ot interest bill. Support 18 993 (Klehs), AS 1291 (Jones) and AB 1072 (Molina), absentee ballots. Oppoae AD 1456 (Clute), eligibility ot fairs tor parks and recreation tunding. Oppose AB 889 (Harris), general plan exemption for solid waste transfer stations. CONSEIIT CALENDAR It was IIOVed by Counc. Gatto, seconded by Counc. Rogers and passed unan1llously to adopt tbe Consen1; Calendar witb Item No. 17 I11118nded to also waive business license fees, 3I1d Counc. Plungy absta1ning on Item No. 20. 9. Resolution No. 6654: "A Resolution ot the City Counoil ot tbe City ot Cupertino Allowing Certain Claims aDd D....-nrls Payable in the Amounts and troll tbe Funds as Hereinatter Desoribed for Salaries and Wages for tbe Payroll Period Ending August 2, 1985." 10. Resolution lCo. 6655: "A Resolution or tbe City Counoil ot tbe City of CUpertino Allowing Certain Claillla and ~s Payable in tbe Amounts and From tbe Funds as Hereinafter Described for General and M1sodllaneous Expenditures for tbe Period Ending August 6, 1985." 11. Resolution lCo. 6656: "A Resolution ot toe City Council ot the City of Cupertino Declaring its Intention to Order Vaoation ot a Portion ot Excess Right-ot-way at tbe Northeast Corner ot Stelling Road and Stevens Creek Boulevard as Provided in Section 8320 Et Seq. ot tbe Streets and Highways Code of tbe State of Calfiornia, Fixing Tille ani Place for Public Hearing and Providing for No~ice Thereot." 12. Resolution No. 6657: "A Resolution of tbe City Council of the City of Cupertino Accepting Grant ot Easement tor Roadway Purposes trom Wendell J. Johnson and Carolyn J. Johnson Consisting ot Approximately .0247 Acres, Located on McClellan Road." -3- Medicare/ Social Sec. legislation Legislative Review COIIDDittee Items removed; balance approved MlIlU-rES OF 'M'. ~UGUS'r \9, \985 crn COONCU. IUT!HG {CC-677} 13. Acceptance ot Munioipal Improvements: (a) De Carli CODlDercial Development on Stevens Creek-Pasadena. (b) Hare, Brewer and Kelly ColIIDercial Development - Northwest Corner of De ADza Boulevard and Stevens Creek Boulevard. 14. Resolution No. 6658: "A Resolution ot the City Counoil ot the City of Cupertino Acoepting a Grant Deed of Eas_nt for Roadway Purposes from William R. Light and Kathleen Light Located on Merriman Road." 15. Resolution No. 6659: "A Resolution ot the City Counoil of the City of Cupertino Approving Contraot Change Order No. 1 tor Miscellaneous Water Main Replaoement, Project 85-107." 16. Resolution No. 6660: "A Resolution ot the City Counoil ot the City ot Cupertino Approving the Final Map aDd Improv_t Plans of Traot No. 7675 Located OIl Forest Avenue; Developer, It1rkeby & Associates, Ino. and Robert Kehoe; Acoepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authorizing the Execution ot Agreement in Connection Therewith." 17. Request tl'Olll Honta Vista High Sohool Drill Team to oOllduot oonoession stand at Art in the Park. 18. Request tor waiver ot tees tor Senior Center use by South Bay Hospioe. 19. Resolution lCo. 6662: "A Resolution çf the City Council ot the City ot Cupertino Authorizing ExecutiOll ot Deterred Agre_t with HOlDer H. C. Tong and Joanne C. Y. Toaa tor the IIIprov_ent ot Frontage Along 22311 1 McClellan Road." 20. Minutes of the regular meeting of August 5, 1985 (CC-676) . ~ MØabers of the City Council AYES: NOES: ABSENT: ABSTAIN: Gatto, Plungy, Rogers, Sparks, Johnson None lCone Plungy (on Item 20 only) lTEKS REM>VED FROM CONSENT CALENDAR 21. None. -4- KIllUTFS OF THE lUGUST t 9. t 985 CITY COUNCIL HØTING (CC-677) ORAL COMMUNICATIOICS 22. Proclamation bonoring De Anza College for being named "Best eo-m1ty College in the State." Dr. A. Robert DeHart received the proclamation. 23. MeIIIbers ot tile audient>e regarding matters not en tbe agenda. Charles Newman, Cballber ot Collllllerce, intormed Council that the annual Cba8ber Arts a£d Wines Festival was a success. Arlene Boyd, Cutden Way, addressed Council regarding tbe neigÞborhood meetings pertaining to t~ttic in her area. She stated that a letter had been sent to others in the area but not tbose on Martinwood, Clitden and Whitney and tberetore residents ot those streets were not part ot the reco~ndatiOQS start was giving. Public Worles was directed to centact H:J. Boyd regarding the process followed to '.his point. Council directed that an additional _ting be sId tor collective review. PUBLIC HEARINGS 24. Public hearing on cost ot weed abatement. (a) Resolution lCo. 6661: "A Resolut:.ion ot the City Council ot the City ot Cupertino Providing tor Lien A_.-ants and tor the Collectien ot SIIIIIII Resulting t'roIa the Abatelllent ot Public Nuisances." It was IDOVed by Counc. Plungy, seconded by Counc. Gatto and passed ~nf-ously to close the public bearing. It was IDOVed by Counc. Sparks, seconded by Counc. Gatto and passed unaniaously to adopt Resolution No. 6661 providng tor lien asae~ta and collection. ICEW BUSINESS 31 . Revision ot BHR eo.uttee's D~tt Proposal for revising the Below Market Rate Housing Progre. By consensus, Council requested that It.. 34 be considered betore It.. 25. It was suggested that this it.. be heard as part of the Housing El_t at an adJourned regular meeti~¡g of Council to be he1t! Septeaber 30. Counoil requested that they review the Housing Element prior to pUblic hearings at the Planning Commission. Council requested that statf submit -5- Public hear- ing closed Res. 6661 adopted Item con- tinued · MINUTES OF THE AUGUST 19, 1985 CITY COUICCIL MEETItfG (CC-677) detailed demographio material to them at the meeting ot September 30. Review of Housing Element It was !DOved by Couno. Sparks, seconded by Couno. Gatto and passed unanimously to review the proposed Housing Element at a meeting to be held September 30. PUBLIC HEARINGS (continued) 25. City ot Cupertino: Adoption of polioy stipulating the ~elow-market rate housing requirement tor a senior oitizen housing proJect. Reoommended for approval. (a) Resolution No. 6595: "A Resolution ot the City Counoil ot tae City ot Cupertino Adopting a Polioy Which States the Below Market Rate Housing Requirements for Retirement Facilities." John Vidovich addressed COunoil regarding hLJ application and stated that he was going ahead on the assumption that there was some a~proval ot the proJect. · Disoussion followed regarding County standards of their Mortgage Revenue Bond Program. Continued It was !DOved by COuno. Sparks, seconded by Couno. Rogers and passed lI"",nimously that this polioy be brought back at the meeting of September 3 tor further consideration. Council requested that at the September 30 meeting regarding the Housing Element, start present them with a oopy ot the COunty's Mortgage Revenue Bond Program. (City Clerk's lCote: Planner I Binnendyk left at 7:45 p.m.) PLANNING APPLICATIONS 26. Application 24-U-85 of Bruce Terry and Steve Buxa (Domino's Pizza): Use Permit to operate a talce-out and delivery pizza business and Environmental Reviewl The proJect is categorically exempt, hence, no aotion is neoessary. The sUbJect site is looated in the Portal Plaza Center on the north side of Stevens Creek Boulevard approximately 400 ft. east ot Portal Avenue in a P (Planned Development with Commercial, Ottioe and Residential intent) zoning district. Recommended tor approval. · Withdrawn. -6- MIHUTES OF THE AUGUST 19, 1985 CITY COUNCIL HEETIKG (CC-677> 27. Appl1cat10n 23-U-85 ot Dirk and Deke Hunterl Use Permit to oonstru..t a single-story, 6,350 sq. ft. c~roial/otfioe oen~er and Environmental Reviews The Planning Coaú.ssion recomends the granting of a Negative Declaration. The sUbJect property is located on the southwest corner of De Anza Boulevard and McClellan Road in a P (Planned Development with General eo..eroial and Office intent) zoning distriot. Recommended for approval. Director of Planning and Development Cowan reviewed the application with Council. Issues discussed included the possible street widening near the interseotion ot HcClellan Road and De Anza Boulevard. Deke Hunter, applicant, answered questions of Council. It was IDOVed by Couno. Gatto and seconded by Couno. Sparks to bring back the application with a revised width of McClellan Road. Disoussion followed pertaining to a proposal that there be right turn in only at the HcClellan Road acoess with no exit. The motion and second were withdNwn. It was IDOVed by Couno. Gatto, seconded by Counc. Rogers and passed unanimously to grant ~ Negative Declaration for Application 23-U-85. Staft was directed to look at possible additional dedicatioos on McClellan and to report baok at the meeting ot September 3, 1985. It was .oved by Caunc. Gatto, seconded by Couno. Rogers and passed unanimously to approve Application 23-U-85 per the exhibits and oonditions of Planning Commission Resolution No. 2669 with the IDOvellent co McClellan Road to be right turn only and with future dedications reserved until staff decision is lllade regarding the need tor more dedications. (City Clerk's Note: Couno. Gatto lett at 8130 p.m.) 28. Application 25-U-85 of H and D Properties: Use Permit to construct a single-story, 6,900 sq. ft. professional ottice building and Environmental Review: The Planning Commission recoDlDends the granting of a Negative DeclaNtion. The sUbject property is located on the west side of Portal Avenue approximately 200 ft. north of Stevens Creek Boulevard on a P (Planned Development with CODlDercial, Office and Residential intent) zoning district. RecoDlDended for approval. -7- Negative Dec. for 23-U-85 23-U-85 approved · Negative Dec. for 25-U-85 25-U-85 approved Negative Dec. for ll-TM-85 · ll-TM-85 approved · MINUTES OF THE AUGUST 19, 1985 CITY COUNCIL HEBTIICG (CC-677) It was IDOVed by Counc. Sparks, seconded by Counc. Rogers and passed unan1lllously (4-0) to approve the granting of a Negative Declaration. It was IDOVed by Counc. Sparks, seconded by Couno. Plungy and passed unan1lllously (4-0) to approve Application 25-U-85 per Planning Commission Resolution No. 2670. 29. Application 11-TM-85 of James C. and Jenay A. Hoft'lllanl Tentative Subdivision Map to subdivide approximately 2.21 acres into eight parcels ranging in size from approximately 8,000 sq. ft. to 15,200 sq. ft. and Environmental Review: The Planning Commission recolIIDends the granting of a Negative Declaration. The subject property is located at the northern terminus of Tula Lane approximately 100 ft. south of Pepper Tree lane in a R1-7.5 (Residential Single-tamily, 7,500 sq. ft. minimum lot size) zoning district. RecolllDended tor approval. It was IDOVed by Counc. Sparks, seconded by Counc. Plungy and passsed unan1lllously (4-0) to grant a Negative Declaration for Application 11-TM-85. It was IDOved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously (4-0) to approve Application 11-TM-85 per Planning Commission Resolution lCo. 2675. Robert Saxe pointed out to Council that with this approval, if the church was not agreeable to the condition the City would have to condemn the property. Carol Marvella, 20813 Sola Street, asked when the proposed project is to be built Council suggested that the applicants work with the neighboring residents an the design ot the building to help prevent privacy intrusion. ARCHITECTURAL AND SITE APPJlOVAL COMKITTEE APPLICATIONS 30. None. UNFIICISHED BUSIICESS 31. None. NEW BUSINESS 32. Appeal of Architectural and Site Approval Coamittee decision cn Application HC-51,613.1, W. L. Marocco Development Company; signage on building. -8- MINUTES OF THE AUGUST 19, 1985 CITY COUNCIL MEETING (CC-677) Direotor of Planning and Development Cowan reviewed the history ot the appeal with Counoil. Stephen Coulthard of AIIIooe Sign Co. subllitted drawings of a proposed sign. He stated the signs would be on the east and west side ot the buildings and would DOt be seen trom the front along Stevens Creek Boulevard. He informed Counoil that this proposal is an alternative based on what he had been led to believe that Council would approve. It was IDOVed by Counc. Sparks, seconded by Counc. Plungy and passed unanimously ( 4-0) to deny the appeal and reoommend that ASAC look at the revised proposal. 33. Authorization to enter into agreement with BED for Library Expansion Design. It was IDOved by Counc. Sparks, seoonded by Couno. Rogers and passed unanimously (4-0) to approve the alDended agreement. 34. Revision ot BMR CoaIII1ttee's Draft Proposal for revising the Below Market jt'\te Housing Program. This will be considered when Council reviews the Housing Element of the General Plan at a meeting to be held September 30. 35. Consideration ot Application to File Late Clailll, Phillip Slavsky. It was IDOVed by Counc. Rogers, seconded by Couno. Sparks and passed I11"'n1lnnusly (4-0) to reJect the Application to File a Late Claira and to direct the City Clerk to notity the attorney. WRITTEH COI'ltUHICATIOICS 36. 1C0ne. ORDIHAHCES 37. Seoond reading of Ordinance 1C0. 1321: "An Ordinance of the City ot Cupertino Amending Chapter 2.32, Planning CODIIIission; Chapter 2.36, Parks and Recreation Colllllission; Chapter 2.38, Energy Colllllission, Chapter 2.44, Architectural and Site Approval Committee; Chapter 2.60, Library ColZission; and Chapter 2.74, Cable Television Advisory Committee, of the Cupertino Municipal Code." -9- Appeal of HC-Sl,613.l denied Agreement for library expansion design BMR Program to be con- sidered Sept. 30 DeLeuw Cather re- quest to filed late claim denied - Second read- ing of Ord. 1321 Ord. 1321 enacted . It MIlfUTBS OF THE AUGUST 19, (CC-677> 1985 CITY COUHCIL MBBTIMG It was !lOved by CounO. P1WI8Y, seconded by COUDO. Rogers and passed unan1llOualy (4-0) to read Ordinance No. 1321 by title only and the City Clerk's reading to oonstitute the secoDd reading tbereot. It was !lOved by Counc. P1WI8Y, seconded by Couno. Rogers and passed unan1lloualy (4-0) to enaot Ordinance No. 1321. RESOLUTIONS 38. None. NON-AGENDA BUSIICESS (a) General Audience - None. 39. Recognition by Mayor ot special requests. (b) City Council - 1C0ne. Co) Start - None. The _Ung adjourned at 8:52 p.m. //2 // ~~~ ~~ -10-