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CC 07-06-82 · · · CITY or CUPERTINO, STATE or CALIFORNIA lOJOO Torre Avenue, CupertinCl, CA 95014 Telephone: (415)252-4505 MIHO'1'IS or TBI UG1JLA1 MDTIRG or THE CITY COUNCIL HELD ow JOLY 6, 198¿ Df TBI COIJRCIL CBAKBER, cm JW.L ¡;utklDfO, CALDOlUfIA Mayor Sparka called the ..etiDg to order at 6:45 p... in the Council Chamber, City Hall. SALUTE TO 1'HE FLAG ROLL GALL Counc. Present: Gatto, Johnson, P1UIIgy, Rogers, Mayor Sparks Staff Present: City Manager QuiDlan City Clerk Cornelius Director of Public Works Viakovich (7:00 p...) Director of Pl8llDiDg and Development Sisk Director of Parka aDd Recreation D.>wling Assistant to the City Manager Brown (left at 7:45 p.m.) City Attorney Iilian STAFF REPORTS 1. Oral reports by staff .embers and submission of written reports. City Man~ger's Report Hazardous Materials Handling and Storage Update - It was moved by Counc. Rogers, seconded by C~c. Plungy and passed unanimously to refer the draft ordinance pertaining to hazardous materials to the Public Safety C~ission for review. City Clerk's Report It was moved by Counc. Plungy, seconded by Counc, Gatto and passed unanimously to adopt Resolution No. 5899, "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Antonio and JeBsica Reyes Co~sisting of Approxi- mately 0.0007 Acre, Located along Lomita Avenue." 2. Status of PG&E, 20-A undergrounding funds. By consensus, Council directed staff to contact the League of Californi Cities regarding the proposal by PG&E to reduce or eliminate undergroun funds to the City and to determine the date of the hearin~ before the Public Utilities Commission. I. Oral r'ports by staff members and submission of written reports (cont inued). Joint City Council/Planning Commission meeting regarding the G~úeral Plan - By consensus, Council selected Monday, AuguDt 30, 1982 ss the date for a joint Planning Co_iAsicn,"City Council meeting for Council to receive a report regarding the General Plan. CC-577 Page 1 Hazardous ..terials ordinance Res. No. 5899 adopted Underground funds Joint meet ing with Planning C~. re Gener,.l Plan .~ Legislative Review Council meeting date changed Oaths of Off ice Election of mayor Election of ~~ pro W're Consent C..len- dar app:oved . . . KINUTES uf TIL> JULY 6, 1982 CITY COUNCIL KEE'lING COUNCIL RElORTS Legislative Review Committee - It va. tIOved by Coone. Johnson, seconded by Counc. Plungy and passed unant.ously to contact Gov. Brown directly regarding opposition to AS 1353 - pre.-ption of local control of billboards, and to oppose BR 4929 - pre.-ption of local control of pension plans. It vas 1IIOved by Counc. r.atto, seconded by Counc. Rogers and passed unanimously to change the date of tle second Council meeting in October to OctoH" 11, 1<182. RECESS: 7:l5-7:25 ¡.D. OATHS or OPPICE - SELECTION or MAYOR AND MAYOR I'RO TEMPOiE Councilmembers Rogers and Sparks received the Oath of Office from the City Clerk. It was moved by Counc. Plungy, seconded by Counc. Rogers and paued with Cou~c. Gatto abstaining to elect Counc. Gatto Mayor. It was moved by Coone. Rogers, seconded by Counc. Gatto and passed with Counc. Plungy abstaining to "lect Counc. Plungy Mayor Pro Tempore. CORSENT CALENDAR It was moved by Coone. Pllmgy, seconded b;o Counc. Johnson and passed unanimously to approve the Consent Calendar as submitted. 8. Resolutimt No. 5895: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and D~mands Payable in the "-aunts and from the runds as Hereinafter Described for Salaries -~ V9ges for the Payroll Period Ending June l5, 1982." 9. Resolutimt No. 5896: .~ Resolution of the City Council of the City of Cupertino Allowin~ Certain Claims and Demands Payable 1n the Amounts and from the Funds as Hereinafte'. Described for G"neral and Miscellaneous Expenditures for the Period Ending June l~, 1982." 10. Resolution No. 5897: "A Resolution of lhe Ci:y Council of the City of Cupertino Allowing Certain Claims and Den~nds Payable in the Amounts and from the Funds as Hereinaft~r Described for General and Miscellaneous Expenditures for the Period Ending June 25, 1982." . . . MINUTES OF THE JULY 6, 1982 CITY COUNCIL KEE7ING 11. Resolution 1110. 5898: "A Resolution of the City Council of the City of Cupertino Declaring its Intention t" Change Street NaM within the City of Cupertino Pursuant to Se~tion 5026 of the Streets and Righways Code, State of California, :"ixing Time and Place for Rearing and providing Notice Thereof; Change 'Tantau Avenue' to 'North Tantau Avenue; and 'South Tantau Avenue'." l2. Resolution No. 5901: "A Resolution of the City Council of the City of Cupertin~ Supporting the Application for Highway Safety Grant Funds for an Inventory of Traffic Control Devicea and the Establishment of the Required Data Base on the City's Micro- computer." l3. Approval of resolutions relating to personnel. (a) Resolutiml No. 5902: "A Resolution of the City Council of the City of Cupertino Adopting a Memorandum of Understanding between the City of Cupertino and the Cupertino Employees Associacion." (b) Resolutiml No. 5903: "A Resolution of the City C:uncil of the City of Cupertino Amending the Management Compensation Prograll.. It (c) Resolutiml No. 5904: "A Resolutiml of the City Council of the City of Cupertino Amending the Confidential Compensa- tion progr81ll." (d) Resoluti~n No. 5905: "A Resolutiml of the City Council of the City of Cupertino FixIng the Eaployer's Contribution under the Keyers-Geddes State Employees Medical and Hospital Care Act. It (e) Resolution No. 5906: "A Resolution of the City Council of the City of Cupertino Amending the Rules on Conditions of Employment. " (f) "A Resolution of the City Council of Establishing Salaries for Positions of Pay Grades." CC-577 Page 3 Resolution No. 5907: the City of Cupertino not within a Schedule (g) Resolution No. 5908: "A Resolutio', of the City Council of the City of Cupertino Ado~ting a Memorandum of Under- standing between the City of Cupertino and the Operating Engin..er's Local No.3." l4, Minutes of the regular meeting of June 2l, 1982. (CC-575) Vote Members of the City Council AYES: Johnson, Pll1ngy. Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None ~7r Houlihan's con t inued . Pu;' lic hear ing closed ~ No. Wted 5900 ~.', - MINUTES OF THE JULY 6, 1982 CITY COUNCIL !Œ!:fll((; UNFINISHED BUSINESS 28. Request from Houlihsns' Old Place Restaurant for clarification of Condition No. 19 of their use permit (security). (Hr. Shafer is requesting a two~eek continuance.) It was moved by Counc. Plungy, seconded by Coanc. Rogers and passed unanimously to continue this it.. to the meeting of July 19, 1982. ORAl. COMMUNICATIONS l5. Members of the audience regarding matters not In the agenda. Alf Modine, 10385 Prune Tree Lane, ham radio for emergency operation. with Assistant to the City Manager inquired as to the status of the Mr. Medina was told to discuss this Brown. PUBLIC HEARINGS l6. Consideration of a garbage rate increase requested by Los Altos Garbage Company. (a) Resolution No. 5900: "A Resolution of the City Council of the City of Cupertino Authorizing an Amendment in the Service Rates Charged by Los Altos Garbage Company for the Collection and Disposal of Refuse in and from the City of Cu;>ertino." Joe Renati, President, Los Altos Gplbage C~any, answered questions regarding the effective date of the proposed amendment and how those receiving his services would receive notification. Mr. Renati gave a report on the pilot program r: recycling. In the trial area there was a 7~ participatio~. The cost was $l,600. excluding use of the vehicle, and revenue generated was ~500. He felt that the project needed more advertising anJ since the pilot program had been completed the company has received phone calls asking why it had not been continced. Council was asked what the new rates would ¡,:: and if another increase would be requested in February when the current contract expires. The City Manager replied that it was ~ed that there would be some kind of rate reconsideration in February as the present rate adjustment did not include any labor cost increases but only increases in disposal rates and fur the City's portion of costs for the JPA. It was moved by Coune. Johnson, seconded by Counc. Plungy and passed unanimously to close the public hearing. It was moved by Coune. Plungy, seconded by Coune. S?arks and passed unaimously to adopt ResolutIon No. 5900. City Clerk's Note: ·.ssistant to the City Mana~er Brown left the meeting at 7:45 p.m. . MINUTES OF r:E JULY 6, 1982 CITY COUNCIL MEETING l7. Consideration ot adoption of a resolution supporting a reduction in nuclear arms and other actions to encourage world peace. Mr. Kalvelage read the proposed resolutimt for the record. Rl~hard ~t, l0222 Carmen, urged Council to adopt th~ proposed resolution, as did Ksrilyn Spiller, 10371 Pl~ Tree Lane. Ann McElroy, l358 South Stelling Road, favored a nuclear weapoc8 freeze for all countri~s and ~rged the Council to adopt the proposed re80luti Alf Kodine, l0385 Prune Tree Lane, stated there was nothing to be gained in making agreements with the USSR as chey do not abide by agreements. He felt the resolution would disarm the United States, and as the Soviets are currently ahead, this is not l~e time to adopt the proposed resolution. He stated the opinicn that if the United States were to disarm.the USSR would use their nuclear weapons. He felt this is a Communist-supported movement. . RIch Archambeau, 419 N. 6th Street, San Jose, felt that the resolution was aDpropriate for local governments to consider. He said that there had been l4 treaties between the United States and the USSR and they have been kept. He $aid that in November of 1983 the United States will deploy missiles in Europe which will make missiles less than 5 minutes from Russia. He stated that this left little time for con- sideration regarding a nuclear war and such a war could occur by accident. He urged Coun.·iJ to adopt che resolution. Lisa Kalvelage, 7515 Tiptoe Lane, stated that all those against nuclear war and for peace were not Communists. She spoke in favor of adoption of the resolution. She wa~ born and reared in Germany during 1111 II in Nuremberg and spent her childhood in a bomb cellar. She &tressed individual responsibility - the Nuremberg Law - and urged Council to adopt the res~lution. She stated the nuclear issue was everyone's issue. . Mr. Pat Rogers, 19764 Auùu'~ Drive, stated that he thinks everyone is in favor of peace. He asked if in voting for such a freeze, would we be doing something for peace? war? nothing? He felt a freeze must be balanced anù equitable as well as verifiable by both sides. He felt that if either power were to cheat it would be difficult to determine. He felt that the danger of war must be reduced and that dangerous weapons not all~ing for retaliation needed to be reduced, ideally eliminated. He presented transparencies showing data per- taining to comparisons of USSR and US buildup of weapons. He stated that Russia has more ICBM's in every category. He stated th3t the USSR has committed technical violations and marginal violations of SALT treaties. He spoke in favor of arms negotiations with the USSR and felt the country should push for strategic arms reduction. He supported the present np~otiations in Geneva but stressed the need for adequate verification in any typ" of treaty. He recommended the Council c0nsider the proposed resolution in that particu13r light. CC-577 Page 5 _7~ . Public hearing closed Res. No. 5911 adopted -ic ~ed I I ! hearing i Res. 4144.20 adopted ....~... ., KINUTES or THE JULY 6, 1982 CITY COUNCIL KEETING Paul Sonnenblick, Upland Way, thanked Hr. Rogers for his presentation. He also felt that nuclear war would be horrible and stated that people needed to study the problem intellectually rather than 8IIOtionally. Re felt that we should do what is best and evenhanded and adopt a resolution that supports peace. Re agreed with pursuing disa....ment and pursuing talks based on this with valid rules. Rowena Dov, 23361 Columbus Avenue, expressed her support for statements by Hr. Rogers, Hr. Sonnenbl1ck and Hr. Kodine. She stilted that if Council were to adopt the resolution presented they would not be representing her and others like her. Terry DYckman, rlorence Drive, thanked the City for their previous showing of the film, "The Last Epidemic". Re stated that he did not see how the resolutiml was in conflict with Hr. Rogers' presentation regarding validation, etc. He personally was dedicated to educating the public regarding this matter. Mrs. McElroy expressed her opposition to any move to amend the proposed resolutiml. She spole in favor of a bilateral freeze after which the countries could work for a reduction of weapons. She stated that Mr. Rogers' figures included only land-based missiles and not sea-based. AU Modine suggested that Council put the issue on the ballot so that all voters would have an opportunity to be heard. He suggested that Council just d~op the issue and let the voters decide. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to close the puhli~ hearing. It was moved by Counc. Rogers to adopt the resolution with Sections I and 4 only; the motion died for lack of a second. It was moved by Counc. Plungy, sec,'ßded by Counc. Johnson and passed with Counc. Rogers dissenting to adopt Resolution No, 59ll, '~esolution of the City Council of the City of Cupertino Supporting a Reduction in Nuclear Arms and Other Actions to Encourage World Peace." Counc. Rogers stated, for the record, that sh~ was not for nuclear war, but felt the proposed resolution was counter-productive and expressed concern for what ~t does in Cupertino. She is, based on current information, against a U.S.¡USSR nuclear freeze. lB. Consideration of amended assessment for Felton Assessme"t District 75-6. (a) Resolution No. 4l44.20: "A Resolution of the City Council of the City of Cupertino Confirming Amendeò Assessment, Project No. 75-6, Assessment No. 28." It was moved by Counc. Sparks, seconded by Counc. Johnson and passeJ unanimously to close the public hearing. It was moved by Counc. Johnson, seconded by Counc. Rogers and p_ssed undimously to adopt Resolution No. 4144.20. " . . . MINUTES OF THE JULY 6, 1982 CITY COUNCIL MEETING 19. Application 3-Z-82 of Fox Construction Company: Rez() ing approxi- mately .15 of a gross acre from City of San Jose Rl (Stngle- family Residential, 6,000 sq. ft. minimum lot size) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located at 6716 Clifford Drive between Bette Avenue and Betline Avenue. Recommended for approval. (a) First reading of Ordinance No. ll82: "An Ordinance of the City of Cupertino ~nding Section 1 of Ordinance No. 2 by Rezoning Approximately .l5 of a Gross Acre from City of San Jose Rl Zone to City of Cupertino Rl-6 Zone, Located at 6716 Clifford Drive between Bette Avenue and Betline Avenue." Director of Planning and Development Sisk reviewed the proposed applica- tion for Council. It was moved by Coone. Sparks, seconded by Counc. Plungy and passed unanimously to close the public hearing. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to grant a Negative Declaration for Application 3-Z-82. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to approve Application 3-Z-82 per Planning Commission Resolution No. 2312. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. ll82 by title only and the City Clerk's readidg to constitute the first reading thereof. 20. Application 4-Z-82 of Paul McAllister (P. Brien Wilson): Rezoning approximately .6 of a gross acre from CG (General Commercial) zone to P (Planned Development with commercial intent) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the north side of Stevens Creek Boulevard approximately 400 ft. east of De Anza Boulevard. Recommended for approval. (This application to be hearè in cffiljunction with Application 5-U-82. ) (a) First reading of Ordinance No. 1183: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximatel~' .6 of a Gross Acre from CG Zone to P Zone; Located on the North Side of Stevens Creek Boulevard Approximately 400 Ft. East of De Anza Boulevard." CC-S 77 Page 7 Public hearing closed Negative Dec. for 3-Z-82 3-Z-82 approved First reading of Ord. 1182 _77 pIlI' 8 Public hearing closed Negative Dec. for 4-Z-82 ~~ed First reading of Ord. ll83 Negative Dec. for 5-U-82 5-U-82 approved as amended . MINUTES OF THE JULY 6, 1982 CITY COUNCIL MEETING PLANNING APPLICATIONS 25. Ap~lication 5-U-82 of Paul McAllister (P. Brien Wilson): Use Permit to construct a 12,000 sq. ft. office building and Environmental Review: The Platming COI8iss1on recDaMnds the granting of a Negative Declaration. The subject property is locaced on the north side of Stevene Creek Boulevsrd approxi_tely 400 ft. east of De Ann Boulevard. Rec~ded for approval. (This application to be heard in conjunction with Application 4-Z-82.) Director of Planning and Development Sisk reviewed the application with Council. Paul McAllister, architect, spoke ':0 Council regarding the proposed parking in ~he driveway. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to close the public hearing. It was moved by Coone. Plungy, seconded by Counc. Sparks and passed unanimously to grant a Negative Declaration for Application 4-Z-82. It was lIY.>Ved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to approve Application 4-Z-82 per Planning Commission Resolution No. 2317. It was moveJ by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. ll83 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to grant a Negative Declaration for Application 5-U-82. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimùusly to approve Application 5-U-82 per Planning Commission Resolution No. 2313 with Condition No. 15 amended to read, "The approval is based upon Exhibits A, Band C of Application 5-U-82 as may be modified by additional conditions contained herein." PUBLIC HEARINGS (continued) 21. Application 5-Z-82 of Richard and Gwendlyn Carlson: Rezoning approximately .15 of a gros~ acre from City of San Jose Rl-B6 (Single-family Residential, 6,000 sq. ft. minimum lot size) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Delcaration. The subject property is located at 7582 Normandy Way between Rose Carden Lane and Aster Lane. Recom- mended for 2pproval. · · · MINUTES or 1'HE JULY 6, 1982 CITY COUNCIL MEETING 21. (a) rirst reading of Ordinance No. l164: "An Ordinance of the City of Cupertino Amendin~ Section 1 of Ordinance No. 2 by Rezoning Approximately .l5 of a Gross Acre frOlll City of San Jose Rl-B6 Zone to City of Cupertino Rl-6 Zone; Located at 7582 Normandy Way beteen Rose Garden Lane and Aster Lane." Director of Planning aLd Development Sisk reviewed the application with Council. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to close the public hearing. It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 5-Z-82. It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to approve Applicalion 5-Z-82 per Planning Commission Reso- lution No. 2315. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. ll84 by title only and the City Clerk's reading to constitute the first reading thereof. 22. Application 6-Z-a2 of Bradley Cons cruet ion (Wesley Weigel): Rezoning approximately .2 gross acre from Al-43 (Agricultural- Residential, 43,000 sq. ft minimum lot size) zone to Rl-7.5 (Resi- dential Single-family, 7,500 sq. ft. minimum lot size) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on che east side of Larry Way approximately 80 ft. south of Lucille Avenue. Recommended for approval. (a) First reading of Ordinance No. l185: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately .2 Gross Acre frOlll AI-43 Zone to RI-7.5 Zone; Located on the East Side of Larry Way Approxi- mately 80 Ft. South of Lucille Avenue." It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to grant a Segative Declaration for Application 6-Z-82. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application 6-Z-82 per Planning Commission Resolution No. 2315. It was moved by Coune. Plungy, seconded by Counc. RLóers and passed unanimously to read Ordinance No. 1185 by title only and the City Clerk's reading to constitute the first reading thereof. CC-577 Page 9 Public hearing closed Negative Dec. for 5-z-82 5-Z-82 approved rirst reading of Ord. 1184 Public hearing closed Negative Dec. for 6-Z-82 6-Z-82 approved First reading of Ord. 1185 J .77 lO KINUTES OF 1'HE JULY 6, 1982 cm COUNCIL MEETING PLANNING APPLICATIONS 23. Application 8-TM-82 of 301m Vidovich: Tentative Map to subdivide approximately 7.4 acres into 96 residential condoainium parcels, four c~ area parc~ls and one commercial parcel and Environ_ntal Review: The project vas previously assessed, hence no accioD ia required. The subject property is located in the souChweaterly quadrant of Homestead Road anc! De Anza Boulevard just north of Highway 280 (behind HOMstead Square ShopPiD8 Center and De Anza Lumber) in a P (Planned DevelopMent with residential lO-20 dwelling units per gross acre aDd .tni-storage intent) zoning district. Rðcommendðd for approval. . 24. Application l8-U-8l (leYised) of De Anza rorge (Cupertino Village): Amendment of Use Perait to eliminate the requirement to build two (2) resideDtial buildings (l6 units) in conjunction with construction of the .tni-storage facility for a combined mini-storage and resideoCial development (total 96 units) approved in Karch, 1982. Environmental Review: The project is categorically exempc. bence, no action is required. The subject property 18 located in the southwesterly qU2drant of Homestead Road and lIorth De Anza Boulevard just north of Highway 280 (behind &o.estead Square Shopping Center and De An,.,. Lumber). Rec_ ..dad for denial. Director of Planning and Development Sisk reviewed the propose4 applications for Council. John Vidovich repre~enting De Anza Forge informed Council that at this particular point, residential developments are very diffi~~!t to build and make a profit. He did express intent to go forward with the project and that he has paid for working d~awings. He felt that the ..rket is not ready for residential at this time. However, the .tni-storage could be built now and it is needed. It would not add to the housing imbalance in the community and there would be provided me job and one house. He said that he has spent close to $IOO,OOO for residential and it will be built when feasible. The City Attorney informed Council that they could not bind future Councils and he did not know if they had the right to f0rce someone to build something. Harvin Kilkeby, civil engineer, said that some rough grading will have to be done at the time the mini-storage goes in. This would be around an existing sewer line. However, rough grading could be a hazard; I.e., motorcycle riders.. . ----- . . . MINUTES OF THE JULY 6, 1982 CITY COUNCIL MEETING It vas .oved by Counc. Rogers, seconded by C?Unc. Plungy and passed unant.ously to approve Application l8-U-81 (Revised) of De Anza Forge (Cupertino Village) with Conditions 1-22 of Planning C~esion Resolutiml No. 2284; Condition No. 23 to rr.ad, '~e approval is granted for a maximum of 96 dwelling units and mini-storage facilities not to exceed 33% of the total site area as i1lud7ated on the approved exhibit. The mini-storage facility may be constructed as the first phase of the development. Prior to certificate of occupancy for the aini-storage facility, completed engineering drawings for the final IISp shall b.! subitte':"; and Conditions 24-27 of Planning Comadssion Resolutimt No. 2284. It vas moved by Counc. Sparks. seconded by Counc. Rogers and passed unanimously to approve Application 8-TK-82 per Planning Commission Resolution No. 2308 with Coudition l7 changed to reali, "The first phase of the developmer.t may consist of Lot S only." RECESS: 9:40-9:50 p.m. UNPINISBED BUSINESS (continued) 29. Application 3-U-82 of Michael and Valerie McElroy: Use Permit to sell beer and wine in an existing service station and F.nviron- mental Review: The Planning Commission recommends the granting of a f\egative Declaration. The subject property is located on the southeast corner of Stevens Creek Boulevard and roothill Boulevard in a P (Planned Development with General Commercial intent) zoning district. Recommended for denial. Director of Planning and Development Sisk reviewed the history of the , application with Council. Michael McElroy, owner and operator of the Mobil stati~n, stated that he did not plan to sell wine, ~nly beer. The main objective of the station is s;:ill gasoline sales. He tol" Council that such I!asolin sales did increase when the station started selling cigarettes. Statistics have shown that beer sales also increase ga90line sales. He felt it was the same as driving into a deli and buying beer to go. There would be no consumption tolelated on the premis~s. He suggested that Council allow them a six m~nth trial period. He would work so that no problems to the aeighbors would occur. A marketing representative from Mobil Oil Co. stated that Mobil has had no problems with snack shops. The oil company has a leasing contract with dealers and maintains strong control. She stated that there was no loitering alloweà, th~re was proper lighting and station~ were kept neat and clean. She also stated that beer sales have increased pr0fits at stations. Jim Brandt, 22649 We ,ping Oak Ccurt, spoke in opposition to the revision to the a??lication. He f~lt that the traffic to Stevens Creek Park currently accumulates and this would ma~e it worse. He stated that in regard to the petition submi:ted in favor of granting the appllcatl~n. he had heard ot a siRnatur~ of a juvenile. CC-577 Page II 18-U-8l (Rev.) approved as amended 8-TK-82 approved as amended .r2 . 3-U-82 - Neg. Dec. and approved . 1 KINUTES OF THE JULY 6, 1982 CITY COUNCIL MEETING Catharine Graham, 10016 Spanish Oak, spoke in opposition to the application as it would ~rovide another source of ale to the youth. She opposed mixing alcohol and gasoline. Glen Cabral, owner of the ho.. next door to the gas station, was aaainst the sale of ale at the station. ge felt there would be difficulties with traffic and access to the d... Margo Bauer, 21597 rlintshire Street, cashier at the snack shop in the McElroy station stated that the KcElroys were responsible people as were th£ cashiers. She stated she did not foresee problems. She said the McElroys care about their business. George Betah, 72690 Stevens Creek Boulevard, owner of the store across the street frOll the gas station, listed his current problems - liquor, minors, harassment. Be stated he had never been cited or convicted of selling liquor to minors, although they do try to purchase it. Windows in his store have bun broken. Be stated that he has been called by ABC, the Sheriff's Department and the Mayor of Cupertino to get rid of loiterers. Be said that he was doing the best he could anð has purchase~ the home next door to help eliminate complaints. Valerie McElroy said that she and her husband have been IISnagi"g the station for a year and a half and feel they 10 a good job and keep the pla~e clean. She expressed the opinion that Betah's encourage loitering. She and her husband plan to enforce no loitering and did not see how a sull cooler such as they proposed using would have an effect. Jim Scanlon, IISrketing representative for KJbil Oil Co., said that :~ was marketing representative f~r the McElroy's station until recently. Be stated t~~t Mobil tests snack shops in the area to determine probleœs and deal with them. Re stated that the station at Saratoga and Koorpark with a snack bar has no problems. A resident on Stevens Cr~ek Boulevard stated that the 1'rash behind 'the station usually comes onto his front lawn. He requested that the McElroys .~rk at cleanup and plant trees for mo~e noise ¡ abate~nt. He spoke in opposition 1'0 llquor being sold at 1'he . station. He felt that it would result in more trash and more j , traffic. He s1'ated t~at he had called the police shor: time ago I at midnight as car noises had awakened him. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed with Coun~ilcembers Gatto and Johnson dissenting to grant a Negative Declaration and to ap?rove Application 3-U-B2 with the following conditions: l-14. Standard Conditions to 1'he extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditiùns enumerated herein shall apply. I I . . . MINUTES or mE JULY 6, 1982 CITY COUNCIL MEZTING l5. The approval is based upon Exhibit.. A, A-I, Band C of Application J-U-82 &s may be modified by additional conditions contained here!n. 16. Hours of operation shall be limited to 6 a... to II p.m. 17. The applicant shall construct a trash enclosure located in an area separate from the adjoining residential area a subject to the approval of the staff. l8. The applicant shall remove any illegal signs (including A-frame signs). 19. The ~pplicant shall comply with the raquirements of the Building Department and Santa Clara County Health Department. 20. The use permit recognizes the existing service station operatimt including minor maintenance of automobiles consistent with uses permitted in general commercial zones. The retailing of convenience goods shall be limited to the approximately 200 sq. ft. office area delineated on the attached plan and in the accompanying exhibits and shall pr!~rily be oriented toward convenience goods directed to the t.raveling motorist. Thè retail service area may sell beer and wine in enclosed containers for off-sitp consumption. The beer and wine sales shall remain a minor component of the re~ail service area. In no case shall beer or wine products be consumed on the premises or surrounding areas. 21. Should any problems result from the beer and wine Planning Commission reserves the right to revoke ization to sell beer and wine. sales, the this author- CC-577 Page 13 22. The use permit is granted for six-month period from date of obtaining A3C license. At the end of that period, an adver- tised public hearing will be held by Council to determine whether or not to extend the use permit. 23. The abandoned righ~-of-way owned by Mobil Oil shall be included in the site by moving the existing wall to the southerly property line. Plans, including landscaping, shall be sub- mi~ted to staff for approval. 24. Any ~hange of licensee shall be reviewed for approval by City Council , 25. The site and the existing wall to the east shall be mainteined in good repair. These conditions are for the purpose of mitigating any loitering or potential problems resulting from the sale of beer. .77 l4 MINUTES or 1'HE JULY 6, 1982 CITY COUNCIL KEE'lING 30, Appeal of standard condition pertaining to street iaprav...nts filed by Louis G. Feinstein (P. J. MUlligan's). (Continued fro. meet1ng of June 7, 1982.) Director of Planning and Development S!sk reviewed the application with Council. Louis reinstein, owner of Mulligan's, stated that complaints regading the g_ Mchines had come to his attention the day before. He stated that minors are not allowed during school hours and are only allowed in during certain hours on other days. He stated that Mulligan's does not promote children coming in. The City Attorney suggested ~hat children without parp.nts be prohibited. Mayor Gatto reminded those present that the matter being discussed was an appeal of a standard conditiJn pertaining to street improvements. Appeal granted It VIIS _ved by Counc. Sparks, seconded by Counc. Johnson and passed unaimously to grant the appeal of standard conditions pertaining to street improvements. . Phasing of terms for mayor Trailer permit . Ampex Hr. reinstein volunteered to sign the restaurant/bar, '~O one under l6 allowed unless accompanied by an adul t over 18". NEW BUSINESS 31. Review and consideration of change of term of office for Mayor anå Mayor Pro Tempore in relationship to change of election date. It was moved by Coun~. Rrgers, seconded by Counc. Plungy and psssed unanimously to approv~ ,he phasing of the term of office for mayor and mayor pro tempore as stated In the City Clerk's report as follows: l. July, 1982 to first meeting, August, 1983. 2, August, 1983 to first meeting, September, 1984. 3. September, 1984 to second Tuesday, November, 1985, (This is the first Tuesday after the electio~. We a~e required to appoint a may~r after the election and it must be on a Tuesday.) 4. November, 1985 to first meeting, December, 1986. 32. Request from Ampex Corporation for approval of per~it for a temporary trailer facility. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve temporary trailer facilities for a period of 6-8 months for Ampex ~orporation. . . . MINUTES or THE JULY 6, 1982 CITY COUNCIL MEETING 33. Complaint for damages for personal injuries filed on bebalf of Michael Wilson. This item was presented to Council for informatimt only. WRITTEN COMMUNICATIONS 34. None ORDINANCES 35. Second reading of Ordinance No. 1179: "An Ordinance of the City of Cupertino Providing for Penalties for Ordinance Violations." It was moved by Counc. Plungy, seconded by CounL. Rugers and passed unanimously to read Ordinance ~o. 1179 by title ~nly and the City Clerk's reading to constitute the second reading tl.ereof. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. ll79. 36. Second reading of Ordinance No. 1180: "An Ordinance of the City of Cupertino Changing Date of th~ r~neral Municipal Election to November of Odd Numbered Years and Requesting Approval from the Board of Supervisors." It was moved by Counc. Plungy, se~onded by Counc. Ro~ers and passed unanimously to read Ordinance No. 1180 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc Rogers, seconde~ by Counc. Plungy and pa~sed unanimously to enact Ordinance No. 1l80. 37. Second reading of Ordinance No. 1175: "An Ordinance of the City of Cupertino Amending Title l5 of the Municipal Code by and Referring to Cross-Connectioh¡; ..nd Backflow Protection." It was moved by Counc. Plungy, seconded by Counc. Rogers an~ passed unanimously to read Ordinance No. l~75 by title only and the City Clerk's reading to constitute the s~cond re~ding thereof. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. ll75. 38, Second reading of Ordinance No. l181: "An Ordinancne of the City of Cuperti:1O Amending Section 11.20.030 of the Cupertino Muncipal Code Relating to All Dtrectional Vehicular Stop Required at Stelling Road and Rainbow Drive." It was ~oved by Counc. Plungy, seconded by Counc. Rugers and passed unanimously to read Ordinance No. 1181 by title only and the City Clerk's reading to constitute the second reading thereuf. It was moved b} Counc. Plungy. seconded by Coun~. Rogers and passpd unanimously to enact Ordinance N0. 118l. CC-S77 Vase 15 Second reading of Ord. 1179 Ord. No. 1179 enacted Second reading of Ord. 1180 Ord. ll80 enacted Second read ing of Ord. II 75 Ord. 11 7 5 enacted 3econd reading of Ord. 1181 Ord. 1181 enacted _~6 First reading of Ord. 1186 Res. No. 5910 adopted . Appointment Pol it ical signs Cupertino Scene, Inc. Board of Directors . I " MINUTES OF 1'HE JULY 6, 1982 CITY COUNCIL KEE'lINC 39. First reading of Ordinance No. 1186: "An Ordinance of ths City of Cupertino Allending Title 15 of the Municipal Code." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimoualy to read Ordinance No. 1186 by title only and the City Clerk's :eading to constitute the first reading thereof. RESOLUTIONS 40. Resolution JCo. 59l0: "A Resolution of the Citv Council of tha City of Cupertino Allending Resolution 5671, Section 8, Retainer of City Attorney." It was IIlOved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to adopt Resolution No. 59l0. NON-AGl!IIDA ITEMS 41. Recognition by Mayor of special requesto. (a) General Audienr.e Ann Anger, 10185 Empirc Avenue, informed Council of a meeting to be held July 16, 1982 at which a representative from the United States DepartaeDt of Transportation would be a guest. (b) City Council Counc. Plungy announ~ed that he had been appointed to the National Year of the Disabled Committee. Council requested that the City Attorney present them with a report regarding what the City can and cannot do in relationship to political signs. It was moved by Counc. Johnso~, seconded by Counc. Rogers and passed unaniœously at 11:20 p.m. to adjourn to a meeting of the Cupertino Scene, Inc. Board of Directors. 'û-.-4r ~~ City Clerk g