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CC 08-18-82 ". j .. . . r CITY or CUPERTINO, STATE OF CALIfORNIA l0300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES or 1'HE ADJ01JRlED REGULAR MUTING OF THE CITY COUNCIL HELD ON AUGUST 18, 1982 IN 1'HE GOURCIL CHAMBER, CITY HALL CUPERTINO, CALIJ'OIIRIA Mayor Gatto called the ~ting to order at 7:02 p.m. in the Council Chamber, City Hall. SALUTE TO THE FLAG ROLL CALL Counc. Present: Johnson, Plun81, Rogers, Sparks (left at 8:50 p...), Mayor Gatto Staff Present: City Manager Quinlan City Clerk Cornelius Director of Planning and Development Sisk Director of Parks and Recreation Dowling (left at 8:05 p...) Assistant City Engineer Whitten Deputy City Attorney roster PLANNING APPLICATIONS 29. Application 3-V-82 of Donald F. and Connie S. Dooley: Variance from Sections 20.24.060 and 20.08.220 (D.6) of the San Jose Zoning Ordinance to permit a rear setback of 18 ft. for the main building and 10 ft. for a deck in Ueu of the 27 main building and 15 ft. deck setback required by Ordinance and Environmental Review: The project is categorically uempt, hence, no action is required. The subject property is located on the east side of Bubb Road approximately 150 ft. north of Columbus Avenue (1056 Bubb Road). Recoaaended for denial. (a) Resolution No. 5937: "A Resolution of the City Council of the City of Cupertino Granting a Variance to Donald F. and Connie S. Dooley from Sections 20.24.060 and 20.08.220 (D.6) of the San Jose Zoning Ordinance to Permit a Rear Setback of 18 Ft. for the Main Buildings and lO Ft. for a Deck in Lieu of the l7 Ft. Main Building and 15 Ft. Deck Setback Required by Ordinance; Located on the East Side of Bubb Road Approximately 150 Ft. North of Columbus (I056 Bubb Road)." Director of Planning and Development Sisk reviewed the request foe a variance with the Council. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to deny the application per Planning Commission Resolution No. 2329. CC-58l Page 1 3-V-82 denied . ~~ ll-TM-S2 approved 1O-U-S2 den1ed . . MINUTES OF TH! AUGUST 18, 1982 CITY COURCIL MEETING 30. Application ll-TM-S2 of Kevin Fisher (Anthony Reyes): Tentative Hap to consolidate three parcels conaisting of approximately .25 acres into one parcel and Envir~tal Review: The project is categorically ex.-pt, hence, no action is required. The subject property is located on the northwest corner of Imperial Avenue and Loaita Avenue in a KL (Light Industrial) zoning district. Reco-.ended for approval. It wad IIOved by Counc. Johnson, seconded by Counc. Plun81 and passed unanimously to approve Applic3tion ll-TM-82 per Planning Commission Resolution No. 2334. 31. Application lo-U-S2 of George Lopez and William Whitney: Hod- ification of a ~reviously approved use permit to operate a 2,500 sq. ft. electronic game center and Environmental Review: The Planning Commission recommends the granting of a Negative Dec- laration. The subject property is located on the northwest corner of Stevens Creek Boulevard and Blaney Avenue in a P (Planned Development with commercial intent) zoning district. Recom- mended for denial. It was moved by Counc. Sparks, seconded by Counc. Plungy to deny Application 10-U-S2 per Planning Commission Resolution No. 2336. Hr. George Lopez, applicant, informed Council that the area of the proposed game center is presently commercial. He stated there would be on-site security and that an electronic game center would not generate as much traffic as other businesses as there wte usually only 25-30 in the center at one time. He felt that øost of them would be young people who did not drive. The center would be well supervised. He felt there would be approximately SO games installed. Council unanimously approved the motion to deny the application. Staff was requested to prepare a report with r~commendations regarding methods of regulating electronic game machines. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 32. None ITEMS REMOVED FROM CONSENT CALENDAR l3. Application HC-5l,148.l - Lucky Stores, Inc. (GEMCO) - Approval to relocate an existing outdoor garden shop from the west to the east side of an existing commercial building. The subject property is lrcated on the northwest corner of Stevens Creek Boulevard and Bandley Drive. Recommended for approval. Richard Larson, architect, stated that the proposed sign would b3 consistent with the sign ordinance. · · · . , KIIlUTES or 1'HE AUGUST 18, 1982 CITY COUNCIL MEETING It vas IIOved by Counc. Sparks, seconded by Counc. Rogers ..::td paned with Counc. Plun81 abstaining to approve Application RC-5l,148.1 per Architectural and Site Approval Co.a1ttee Resolution No. 1024. NEIl BUSINESS 35. Requeat for appropriation from Vallco ~v~rqnmental Fund for Vallco fountain repair. Impact It vas moved by Counc. S¡:aru, seconded by Counc. Johnson and passed unanimously to uppropriate $2,000 from the Vallco EIR rund for aajor fountain repairs. 36. Request from Lawrence Epstein and Andrew Kasik for a &011 study on property in the Candy Rock Mountain area. Hr. Lawrence Epstein told Council that he vas expecting 3 neighbor to attend the meeting and requested that this item be contioued to later in the agenda. By consensus, Council approved this. 37. Review of Analysis of Puhlic Safety Needa and Alternative Service Approachea. This item was continued at the J.ugust 16, 1982 Council meeting to the meeting of SeptebGer 20, 1982. 38. Request fraaKKUP for reconsideration of recent rent increase. <~.~ ^ CC-58l Page 3 HC-5l-l48.1 approved Fountain repairs Ileview of public safety study This item was contio\!ed at the August 16, 1982 Council meeting KKUP to the meeting of Septe.ber 7, 1982. 39. Report and reco...ndation from Parks and Recreation Commission regarding use of City-owned buildings for bingo games conducted by non-profit organizations. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed Bingo games unanimously to authorize staff to review the ordinances regulating bingo games for modifications that would allow non profit organization to conduct such games in buildings they do not own or use as principal place of business. 40. Request from Cupertino-Santa Clara Republican Women, Federated for temporary trailer at southwest corner of Stevens Creek 80ulevard and De Anza Boulevard. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to ap~rove use of a temporary trailer at the southeast corner of Stevens Creek Boulevard and De Anza Boulevard by the Cuper- tino-Santa -a Republican Women, Federated from September I to Nove.- ber 2, 1982. 41. Rev~ow of County Use Permit So. 1643-25-66-82A, Robinson Oil Co. Temporary trailer , _8~ Fire hydrant spotters IBM Copier II Contract to Clage Under- ground Const. . COhtract to Steadman En- gineering Contract to Guzman Canst. _tract go Under- g nd Coast. KINUTES O' 1'HE AUGUST 18, 1982 CITY COUNCIL MEETING This item ~ill be heard later in the agenda as the applicant is ~ot yet present. 42. Requeat fr~ Central Fire Protection District for the City to Purchase byJrant apotters to be inatalled in Cupertino. It waa mved by Counc. Sparks, seconded by Counc. Pogeu and passed unanialusly to approve the purchase of fire hydrant spotters and appropriate $1,750 from the General Fund. 43. Request for appropriation of $3,080 from the General rund ~n~ approval of pu~chase of copier. It was moved by Counc. Sparks, secofided by Counc. Rogers and passed unanimously to appropriate $3,080 from the General Fund for the purchase of IBM Copier II. 44. Report on bid opening, Imperial Avenue Storm Drain, Phase l, Project 81-25, and award of contrsct. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to award th£ ~ontract for Imper1~l Avenue Storm Drain, :~~ße 1, Project 81-25, to Glage Underground Construction in the amount of $19,830. Council authorized the appropriation from the Storm Drain rund of $22,000 which includes a contingency of $2,170. 45. Report on bid opening, Miramonte Road and Stevens Canyon Storm Drain and Water Maio, Project 83-0b, and award of contract. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to sward the contract for Miramonte Road and Stevens Canyon Storm Drain and Water Main, Project 83-06, to Steadman Engineering in the amount of $67,480. Council a~thorized an appropriation of $83,000 ($68,000 Ìrom the Kaster Storm Drain Fund and $15,OOO from the Water Utility Fund) which includes a contingency of $7,520 plus an additional $8,000 for revisions to plans. 46. Report on bid opening, Stevens Cree~ Boulevard widening at Carmen Road, Phase I, Project 82-17, and award of contract. It was moved by Counc, Plungy, secon¿ed by Counc, Sparks and passed unanimo~sly to sward house remodeling, Pr~ject 82-17, to Guzma~ Construction, Inc. in the amount of $65,400 anJ to waive the irregularity. 47. Report on bid opening, Storm Drain, HillcrestiV1sta Knoll, Project 83-05, and award of contract. It was moved by C,unc. Rogers, seconded by Counc. Sparks and passed unanimously to award the contract for Hillcrest/Vista Knoll Storm Drain, Project e3-05, to Glage Underground Cons:ruction in tile amount of $4,495.80. An appropriation from the Haster Storm Drain Fund of $6,000 was authorized. This incluèes a contingency of $1,504.20. . . . KIRUTES OF THE AUGUST 18, 1982 CITY couøcn MEETING 48. Request from John Long for filing of late claim and consideration of claim for daaages. It was moved by Gounc. Plun81, al!conded by Gounc. Sparks and !>assed unant.ously to accept the Applicatimt to rile Late Claim and to deny the claim submitted by John Long. The Clerk was directed to send Notice of Rejection to the claimant and a copy of all information to the County Sheriff's Office for òefense. WRITTEN COKKUNICATIONS 49. I~tter from J. Robert Dempster regarding Lot 309, Inspiration Heights. Council set September 20, 1982 as date of public hearing regarding Lot 309, Inspiration Heights. ORDINANCES 50. Second reading of Ordinance No. 1187: "An Ordinance of the City of Cupertino Amending Chapter 3.12.030, Transient Occupancy Tax, of the Cupertino Municipal Code." It was moved by COunc. Plungy, seconded by Counc. Sparks and passed unanimously to read Ordinance No. l187 by title only and the City Clerk's reading to constitute the second reading thereof. It was move~ oy Counc. Plungy, secon~ed hy Counc. Rogers and passed unanimou9lj to enact Ordinance No. ll87. 51. First reading of Ordinance No. 1189: "An Ordinance of the City of Cupertino Amending Various Sections of Chapter 8.08 of the City of Cupertino Relating to ....nimals." It was moved by Counc. Plun81, seconded bv Counc. Sparks anG passed unanimously to read Ordinance No. 1189 by title only and the City Clerk's reading to constitute the first reading thereof. 52. Urgency Ordinance No. 1188: "An Ordinance of the City of Cuper- tino Amending Chapters 8.08,070 and 8.08.200 of the Cupertino Municipal Code Relating to Animals and Declaring the Urgency Thereof.11 It was moved by Counc, Plungy, seconded ~y Gounc. Sparks and passed unanimously to read Ordinance No. 1188 by title only and the City Clerk's reading to consti.ute the reading thereof. lt was moved by Counc. Plungy, sec<'.lded ¡'y Counc. Sparks and passed unanimously to enact Urgency Ordinance No. 1188. 53. Ucgellcy Ordinance No. 1191: "An Ordinan , of the City .,f Cuper- tino Extending Time of Cupertino Municioal Code Chapter 10.26 Pertaining to Regulation of Police Alarm ~ 'stems and Devices and Declaring the Urgency Thereof.1I CC-58l Page 5 Long claim rejected Hearing on wt 309, In- spiration Heights Second reading of Ord. 1187 Ord. 1187 enacted First read ing of Ord. 1189 Readin¡( of Ord. 1188 Ord. 1188 enacteJ I.;; Reading of Ord. 1191 Ord. ll9l enacted Res. ::0. 5929 adopted . Temporar)' parking lot at Cood Sam- aritan Church ~ KINUTES or THE AUGUST 18, 1982 CIT'" C01JØCIL flEETING It was moved '>y (;""0.. Plun81, seconde~ by Counc. Sparks and passed unanimously to read Ordinance No. 119l by t.:tle only and the City Clerk's reading to constitute the reading t~ereof. It _s moved by Counc. Plun81, seconded by Counc. Rogers and passed unan{r'usly to enact Urgency Ordinance No. 1191. RESOLUTIONS 54. Resolution No. ~929: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Portion of Orange Avenue as Provided in Section 8320 et seq. of the Streets and Highways Code of the State of California; Retaining Portions a~ Public Utility Easements, Sanitary Sewer Easements, Landscape Easements, Pedestrian and !licycle Easements." It was moved by Counc. Rogers, seconded by Counc. Jo¡'··.,on and passed unanimously to adopt Resolution No. 5929. NON-AGENDA BUSINESS 55. Recognition by Mayor of special requedts. (a) General Audience A~sistant City Engin~er Whitten requested clarification regarding ~ requirement for drainage for the Good Samaritan Church site temporary parking lot. Hr. Warren Gilbert, architect, reviewed the parking lot design with Council. It was moved by Counc. Sparks, aeconded by Counc. Plungy and pass~d unanimously to approve ~ temporary parking lot for Good Samaritan Church without drainage improvements. However, if water becomes a problem to neighboring properties in the future, remedial action must be taken by the church. NEW BUSINESS (continued) 36. (Continued from earlier in meeting) Hr. Larry Epstein, ll486 Lindy Place, addressed Council. He stated the~e was a major problem with landslides in the area in ~hich he lives. f Hr. Stuart Kadas, 1177 that he felt they have the slides were an old , and construction. ! . (City Clerkls Note: at 8:05 p.m.) (ampbell A~enue, San Jose, builder, the elements of a liable condit.on. problem and reviewed the history of slated He said the area Director of Parks and Recreation Dowling left . . . . Ml~JTES or THE AUGUST l8, 1982 CITY COUNCIL MEETING Mr. Kadas felt a total evaluation of the subdivision should be done on lot-to-lot basis to determine corrective measures and funding mechaniS1ll8. By consensus, Council requested that Counc. Sparks, the City Manager, the Direr.tor of Public Works, the Assistant City Engineer and the City Attorney meet with property owners and the architect regarding slides in the Candy Rock Mountain area. The City Manager will arrange the meeting. The City shall serve as facilitator only,with no legal responsibility. Mr. Martin Kasich, property owner, stated that he has tenatively hired a soils engineer to do a soils report. He stated that he would welcome any neighbor or the City to assist in sharing tte cost. 41. (Continued from earlier in meeting.) Director of Planning and Development Sisk reviewed the proposed ex- pansion of the service station with Council. Mr. Cary Stokes, civil engineer representing Robinson Oil Co., said thdt the n~ighbor in the rear of the station has no objection to the proposed expa~sion. He stat~d that the landscaping as requested by the City would have a large t.pact on the site as it was a small lot. ije requested that Council express the opinion that it is a good project to the County. He also requested that the Council not suggest a limit on the hours of operation. If the hours became a p',)blem they would be willing to co.e back and discuss the issue. He said that an eight foot solid...onry fence would be constructed along the rear lot line. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to dire~t staff to inform the County they had no objec- tions to proposed plans to expand the service station per County Use Permit ~o. 1643-25-66-82A, Robinson Oil Co. The letter will include reference to the Council's concern regarding hours of operation. (City Clerk's Note: Counc. Sparks left at 8:50 p.rn,) NON-AGENDA BUSINZSS (continued) City Manager Quinlan informed Council that the City would soon be re-, questing proposals for woed processing and data processing equipment. In order to obtain equipment that would best serve the City's needs, Mr. Qu,nlan requested that a for~al bid process not be required. It was moved by Coun~. Rogers, seconJed by Coune. Johnson and passed with Counc. Sparks absent to waive the formal bid process for word processing and data processing equipment per the City Manager's re- quest. (b) City Council CC-58l Page 7 Candy Rock Mountain slides County Use Permit 1643- , 25-66-82A, 'Robinson Oil Formal bid requirements waived. word and data processing Mayor Gatto informed Counc'.l chat the Planning Commission will develop "Wish List" a "wish list" for the City which would include costs of the various i~ems. If Councilmembers hav. any items they wished included on the list tnev are to infor~ Director of Planning 3nd Develcpment Sisko : . .~ Solid waste JPA budgE't . . KIIIUTES or 1'HE AUGUST 18, 1982 CITY COUIICIL KDTING The "wish list" for the City will be published in the Cupertino Scene and citizens will be asked to responl with thair sUll8stions. Counc'.l set 6:30 p..., Monday, Atagust 30, 1982 for an adjourned llleeting to discuss the solid waste _g_nt JPA budget. The llleeting will be held in the City Manager'. office. Mr. Del Duell, attorney, president of the De Anza Youth rootball League and Cupertino resident, requested that Council revise the bingo ordinance so that char~table non-profit Cupertino groups could have bingo games for fund raising. He 8lso info~d Council that he is in the process of forming a sports foundation. At 9:10 p..., the meeting was adjourned to August 3Q, 1982, 6:30 p.m., City Manager's Office. A.&~: Cit Clerk i t ! ¡ I ! ¡ ¡ t ¡ I I ! r