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CC 02-07-83 . t . . :'~, Y"'<'·,::-·'·~r:"íi'" "'~'·"';·-;'i"'!,~'<1~,'; .. '" ',-:g-! "" CITY OF CUPERTI'IO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING or TBB CITY COURCIL HELD ON FEBRUARY 7, 1983 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIl'ORNU Mayor Gatt;; called the meeting to order in Council Chamber at 6:48 p.lI. SALUTE TO THE FLAG ROLL CALL Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovicb Director of Fiaance Snyder (left at 8:30 p.II.) Director of Parks and Recreation Dowling (left at 8:05 p.II.) Assista~t to the City Manager Brown (left at 7:30 p.m.) Assistant Planning Director Cowan City Attorney Kilian STAFF REPORTS 1. Oral reports by staff members and submission of written reports. Council set 7:00 p.m., Wednesday, March 16 as the time to develop guidelines and policy for the 83-84 budget, to review the Five Year Capital Improvement Program and estimated revenue for the next fiscal year. The Commissioners' dinner will be held March 25 at the Cupertino Senior Community Center. Staff was directed to indicate to the school district that after the board determines which school sites to sell, the City will discuss any pO~dible purchase with them. It was announced that the civic award program is planned for May ZOo L. Report on Seven Springs annexation process. Mayor Gatto will attend the February 9 LAFCJ meeting and request that the Seven Springs annexation petition b~ ~untinued. Ann Anger, 1018S Empire Avenue, informed Council that the County is looking for areas to deveiop for revenue sources. Upon being asked by Council, the City Attorney stated that the County could enter into a development agreement and receive revenues. CC-599 Page I Budget, 5-Yr. Capital Imp. COm:Dissioners' dinner Sale of school sites Civic awards , Seven Spr ings annexation . 699 lIIfe 2 Appointment to Paratransit Council Hazardous waste legislative Review Committee . Consent Cal- endar approved . .. , ':S~,..~\f"'::'\ MINUTES OF TIIZ FEBRUARY 7, 1983 CITY COUNCIL MEETING COUNCIL REPORTS 3. Mayor Gatto: The Mayor announced tbat he had redgned frOla the Paratransit Coordinating Council. Director of Parks and Recrea~ion Dowling was appointed the City's representative. The Mayor requested that upon the City's receipt of tile mclel baaardoua waste ordinance, the public bearing be scheduled for the followin~ month. Counc. Johnson: Plungy, seconded following action Legislation Review Co_it tee - It was moved by Counc. Jobnaon and passed unanimoualy to regarding pending legislation: by Counc. take the Support SB 203 (McCorquodale and Presley), Park Bond rundS. Oppose SB 142 (Ellis), Prse8ption of City Control of Signs. Support AB 96 (Hoore), Consagption of Alcoholic Beverages in Public Parking Lots. Oppose AB 18} (Young), Coll lulsory and Binding Arbitration: Peace Officers. Staff will request copies of AB 14 (Island Annexation), SB 11, SB 20, AB 12, AB IS, AD 64, AB l13 and SCA 1 (Campaign Refon Bills}, SB .l9 (Use of Leftover Campaign runds), AB 30 (Proeessing Claills), and SB 163 (Zoning Control of Day Care Homes). CONSENT CALENDAR Counc. Rogers removed Item 19. It was moved I:y Counc. Johnson, seconded by Counc. Rogers and passed unanimously to approve the balance of the Consent Calendar. 8. Rpsolution No. 6025: "A Resolution of the City Council of the City of Cupertino Aloowing Certain Claills and Demands Payable in the Amounts and froa the runds as Hereinafter Described for Salaries aDd Wages for the Payroll Period Ending January 11, 1983." 9. Resolution No. 6026: "A Resolution of the City Council of ,he City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Genera] and Miscellaneous Expenditures for the Period Ending January 21, 1983." 10. Resolution No. 6027: "A Resolution of the City Council of the Citv of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending January 25, 1983." 11. Request for waiver of business license fees: (a) The Friends of the Cupertino Library. (bì American Youth Sports Foundation. . . . . "..,-. , MINU'tES OF THE FEBRUARY 7, 1983 CITY COUNCIL MEETING 12. Resolution No. 6009: "A Resolution of the Cit~ Council 01 che City of Cupertino Authorizing becution of a JoinC powen Alree- _nt for Employment and Training Services." 13. Resolution No. 6021: "A Resolution of the City Council of che City ot Cupertino Accepting Grant of Ease_l1t for Roadway Purpo... frOll Gary E. and Sally A. Conner Consisting of Approximately 0.015 Acres, Located on the Southeast Corner o! Byrne Avenue and Lomita Avenue." 14. Resolution No. 6028: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 6 for De Anza Boulevard Interconnect Project 79-20." lS. Resolution No. 6029: "A Resolution of th. City CouDcil of the City of Cupertino Approving Contract Change Order No. 1 for City Hall Basement Modification Project 79-S6, General Work." 16. Application HC-5l,OlS.7l5 - Pablo's Restaurant - Architectural and site approval for an 8 ft. x IS ft. awning. The subject property is located 011 the south side of Stevens Creek Boulevard, approximately 200 ft. west of Saich Way. Recommended for ap- proval. 17. Res~lution No. 6035: itA Resolution of the City Couneil of the City of Cupertino Authorizing Execution of Agreement between the City of Cupertino and Outreach and Escort, Inc." 18. Resolution No. 6034: "A Resolution of the C"y Councl of the City of Cupertino Approving Contract Change Order No. 1 for City Hall Basement Modification Project 79-S6, Demolition." 19. Removed Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Johnson, Plungy, Rogers, Sparks, Gatto None None None ITEMS REMOVED FROM CONSENT CALENDAR 19. Minutes of the regular meeting of January 17, 1983. (CC-S98) It was moved by Counc. Rogers. seconded by Counc. Plungy and passed unanimously to approve the January 17, 1983 Council minutes as submitted. .. CC-599 Page 3 Jan. 17 minutes approved .599 e 4 Procl......tion . cAge of g1IIIrage rates continued . ~-:::~~*~'k'f'~/ ., .,,' MINUTES OF THE FEBRUARY 7, 1983 CITY COUNCIL MEETING (City Clerk's Note: Assistant to the City Manager ~t'own left the ..eting at 7:30 p.DI.~ ORAL C<HIUNICATIONS 21. Proclaiming February .n-25, 1983 as ''Newspaper in Education Week" in Cupertino. Mayor Gatto requested that the proclamation be forwarded to the appropriate parties. 22. Recognition of Den 2, Pack 431, Webelos, Paul Kelly and Carl Ryan, leaders. The Webelos and leaders were acknowledged by Mayor r.tto. 23. Members of the audience regarding matters not on the agenda. Ray Shannon, Yorkshire Drive requeated assistance and guidance fr~~ the City Attorney regarding a traffic petition. By consensus, Council stated that s citizen could not use a City staff member for purposes of an in- itiative. Staff members could prepare language for General Plan or a City ordinanee. Burrel Leonard, Vallco Park, North Wolfe Road, banded out s statement regp.rding the General Plan Amendment currently being heard and requested ~hat Council read the document prior to their March meeting. ~ill Lester, Vallco Park, request~d clarification regarding the develop- ment constraints and trip ends. He was informed that it would be necessary for him to ma~e formal application and go through the regular planning process. Bill Weisend, Whitney Way, addressed Council regarding a traffic problem on Stevens Creek Boulevard at Finch Avenue. He stated that the signals seemed to "hang up" and problems are compounded by pedestrian traffic. He said he had talked with the City Traffic Eng~neer in the past, the signal would be fixed, but then it goes bad again. He requested that the City do a study and clear up the problem. Council directed staff to report to them regarding this matter at the next Council meeting. PUBLIC HEARINGS 24. Consideration of change of rates for Los Altos Garbage Company. (a) Resolution No. 6031: the Cily of Cupertino Garbage Coa.?any." "A Resolution of the City Council of Amending Rates of ~ollection for Los Altos It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to cont1nue consideration of change of rates for UGCO to the meeting of February 22 1983. . . . . .. r_.,,.~~>,...:. .,',. KDnITES OF TIŒ FEBRUARY 7, 1983 CITY COUNCIL MEETING "25. Consideration of increase in rates for Cupertino Water Utility (a) Urgency Ordinance No. 1217: "An Ordinance of the City of CQpertino Amending Section 15.08.020 Aaending the Quantity Rates for Domestic Water Service, Chapter 15.08 of the Cuper tino Municipal Code, and Declaring the Urgency Thereof." (b) Resolution No. 6032: "A Resolution of th eCity Council of the City of Cupertino Authorizing Agreement with Bank of America for Debt Service with Existing Fund.." Director of Public Works Viskovich and Director of Finance Snyder reviewed the items under consideration. The City Manager stated that in tåis particular inatance he felt the City should pursue State legis- lation to amen¿ the voting process on this particular type of bond as ic is for a district, not the City. However, should an election be held, City re£idents rather than just districc residents would be voting. Ann Anger, Mont.. Vista, inquired how many water meters were held by the Cupertino Water Utility. (She was informed there are 3,800.) Ic was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to elose the public hearing. Ic was moved by Counc. Johnson, seconded by Counc. Sparks and pa5sed unanimously to approve a pay-as-you-go funding with s rate increase spread over a period of years at 7.5% per year. The increase inr.ludes both operating and capital improvements, and the new rate structure will be effective immediately and appear in the March billing. Staff will continue to apply for gevernmenc loans whenever they are availabl Consideration of Resolution No. 6032 was continued Co the meeting of Fe~ruary ZZ. 1983. {t was moved by Counc. Plungy. seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1217 by title only ~nd the City Clerk's reading to constitute the reading of the ordinance. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to enact Urgency Ordinance No. lZ17 with ins~rtion of .381 and .635 as the new rates. 26. Appeal of .\SAC deuial of a sign permit for Mitchell Bros. A"to- motive Listributors, Application HC-51.58'1..9. (Continued from January 17, 1983.) Assistant Planning Di~ector Cowan r~viewed the appeal and proposed Manta Vista Design Guidelines timetable with Council. Council re- quested that ASAC conduct public hearings regdrding the Monta Vista Design Guid~lines. CC-599 Page 5 Water Utility rates Res. No. 6032 continued Read ing 0 f Ord. 1217 Ord. Ill7 enacted ·9: HC-5l,582.9 continued . Public hearing closed Negative Dec. for 16-2-8~ 16-2-82 approved First reading 0Wd. 1216 Negat ive Dec. for 17-U-82 "'~"<f ,.... MlNUIES OF TIlE FEBRUARY 7, 1983 CITY COUNCIL MEETING It was moved by Coune. Plungy, seconded by Counc. Rogers and passed unanimously to continue this itea to the regular meeting of March 21, 1983. 27. Application 16-Z-82 of Moyer Associates: Rezoning approximately .75 gross acre from CG (General Commercial) zone to P (Planned IJeve1opIMIl1t ) zone and Environmental Review: The Planning Commission recOlllllll!l1ds the granting of a Negative Declaration. The subject property is located 011 the southwest corner of Stelling Road and McClellan Road. Recommended for approval. (This application to be hear in conjunction with Application l7-U-82.) (a) First reading of Ordinance No. 1216: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. ~ by Rezoning Approximately .75 Gross Acre from CG Zone to P Zone, Loeated on the Southwest Corner of Stelling Road and ~CI£llan Road." PLANNING APPLICATIONS '1.9. Application 17-U-82 of Moyer Associates: Use Permit to construct a second story addition on an existing 7,100 sq. ft single-story <'ffice building and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the southwest corner of Stelling Road and McClellan Road. Recommended for approval. (This application to be heard in conjunction with Application 16-Z-82.) Assistant Planning Director Cowan reviewed the applications with Council. Mike Moyer, architect, 430 Sherman Avenue, Palo Alto, informed Council of concerns that Roundtre~ residents had regarding setbacks and privacy. He answered questions regarding landscaping, traffic and noise from the parking lot. Mrs. Betty Rosenquist, 25071 Red Fir, Roundtree development, read a portion of the newsletter from the Roundtree board. It was moved by Counc. Sparks, seconded by Counc. Plungy 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 16-2-82. It was moved by Counc. Johnson, seconded by Counc. Rogers and passed with CouncilmeMbers Plungy and Sparks dissenting to approve Application l6-Z082 per Planning Commission Resolution No. 2361. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1216 by title only and the City Clerk's reading to constitute the first reading t~ereof. It was moved hy Counc. Johnson, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 17-U-82. þ . t . .;~"':,: MII\UTES OF THE FEBRUARY 7, 1983 CITY COUNCIL MEETING It was moved by Counc. Johnson, sloeonded by Counc. Rogers and p....eI with Councilmembers Plungy and Sparks disseating to approve Applica- tion 17-U-82 per Planning Collllission Resolution No. 2362. PUBLIC HEARINGS (continued) 28. Appeal of ASAC conditions of approval of sign permit, Appl1cati HC-SI,180.12, De Anza Professional Center. Assistant Planning Direetor Cowan r~vie'wed th~ application with Council. Edwin J. Myers, architect, was available to answer any questions. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to close the public hearing. It was moved by Counc. Plungy, seconaed by Counr.. Rogers and passed unanimously to reopen the public hearing. It was moved by Counc. Plungy, seccnded by Coun.:. Rogers and passed with Mayor Gatto dissenting to approve Application HC-5I,180.12 per ASAC Resolution No. 1042 with the addition of Condition No. 10 which would provide a covenant to run with the land that the masonry wall and the screening of roof equipment be completed within five y~ars. If the property owner is not amenable to this eondition, the appeal will be referred back to the City Council. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to continue the public hearing to March IS, 1983. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 30. None UNFINISHED BUSINESS 31. Inspiration Heights Subdivision - Lot 309. Leo Bianchi. Assistant Planning Direct~r Cowan reviewed the submitted report with Counc il. Mr. Dempster, attorney re~r~senting Mr. Bianchi, stated that he has tried to cooperate with the ~it) ~tQlf. He suggested that perhaps Mr. Bianchi could be granted a variance to get a building permit for his particular lot. He r~ad a motion from the November 1 City Council) minutes stating that staff was to work with the property owner. ' Mr. Leo Bianchi. Saa Juan Road, stated that his road does meet neces- sary requirements. Couucil requested more informati0n regarding the physical realities of the ar~a being discussed, hov this particular development would affect others in the dre~ and improvements for future development. . CC-599 Page 7 17-U-82 approved Public hearing clos..d Public hearing reopened HC-Sl,180.1Z &prroved Publie hearing continued &99 ~8 InspiratIon Heights . Birkey claim denied Hadj imohammade claim paid Appropriation for City Attorney . "'~';"I:'t -~~,~~."_:~('.;l~,I~.,;1'" :.. ~:\:>~:' ~":f ,,~::.:tI.:£, 'Y' ....,,'.-"?~~,..,.1"':"';-: - ' MINUTES OF THE FEBRUARY 7, 1983 CITY COUNCIL MEETING Council requested that staff do meet with property owners in Inspiration Heights . By consens~s, Council continued discussion of this itb. to their ...tinS of rebruary 22. NEW IIUSINESS 32. Report from Library Commissioa regarding library funding. Sally Schumann, Chairperson, Library Commission, presented the Comaission's report to Council. She stated the Special District Augmentation funds are being studied by the County Counsel - if the library breaks away from the County system, can we take these funds? Cow ~il ~.nquired as to methods of local revenue generation. Ms. Schumann stated that the library cannot impose fees as such for bor- rowing books. Fees may be charged for overdue books, lost books, etc. Other itellS discussed were a lease back arrangement with the County, rellSining a central r~source library and contracting with others to use our services. Council asked what methods are available to the City to raise revenue for the library. Staff was requested to pursue funding questions and investigate options. 33. Claim for damages filed by ~arol Birkey. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimo~sly to reject the claim filed by Carol Birkey and direct the City Clerk to notify the claimant. 34. Claim for damabes filed by Massoud - Neva Hadjt.ühammade. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to direct payment of the claim filed by Massoud - Neva Hadjimohammade upon exeeution by the elaimant of the standard release agreement. 35. Request for appropriation transfer for City Attorney. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to authori~e the appropriation of $lZ,500 from the General Fund to the City Attorney budget activity for the balance of the fiscal year. 36. Revising guidelines for designating bank for City'8 commercial checki3g account. (a) Resolution No. 6033: "A Resolution of the City Council of the City of Cupertino Su¡>ersedin~ Resolution No. 3996 Revising Guidclines for Designation of Bank as Depository for City's Commercial Account." . ~. ., . MINUTES OF THE FEBRUARY 7, 1983 ':ITY COUNCIL ME~TING It wa¡j moved by COWlC. Sparks, seconded by Counc. Johnson and psssed unanilllously to adopt Resolution No. 6033 revising guidelines for the designation of bank for the City's commercial account. WRITTEN COMMUNICATIONS 37. Letter from residents of Poppy Drive regarding two City-owned houses at :he intersection of roothill Boulevard and Poppy Drive. Director of Public Works Viskovich stated that Council could authorize staff to send a letter to the residents of the City-owned property on Poppy Drive t~ meet the behaviors expected criteria or receive a 30- day notice to leave. Hr. Viskovich stated that he will develop a traffic program for that a1aa. Bruce Gr~s, resident, Poppy Drive, asked why the City is a landlord and stated that the houses are a blight, should be torn down and Foothill Boulevard widened. He was informed that there is no need for additional lanes on foothill at this time and the rentals did generate revenue. t ~ity Hanager Quinlan said the City did not wish to us~ eminent domain proceedings so when the homes became available the City purchased them. Director of Public Works Viskovich stated thst he would need approxi- ~tely 60 days to implement improvements for safety in respect to parking. Richard Barnard, 22544 Poppy Drive, thanked Council for their prompt action. He suggested right turn storage for traffic southbound on Foothill. He did not approve of a 3O-day notice. Ken Geil. Poppy Drive, stated that Poppy and Foothill is a dangerous intersection. He stated that he does plan to move in th~ee months. He has cleaned and r~modeled the house and carpeted and paint~d t~e inside and has done some landscaping. He requested the Counc.il not to send the 30-day notice as he will be moving anyway. By consensus, staff was directed to initiate traffic improvement at :he Foothill Boulevard/Poppy Drive intersection. Staff will send a letter to the residents of the City-owned property at 22S1S Poppy Drive stating the criteria t~ maintain their lea~e. They must comply with the criteria or they will be sent a 30-day notice to vacate. OKDINA,";¡CES 30. None RESOLUTIONS . 39. None CC-599 Psgs 9 .... 10. 6033 adopt." Traffic im- provelDEnt at Foothill/ Poppy; letter to residents ~,;"';'~~J.';f.I:~"'" ",' .599 Page 10 MINUTES or THE FEBRUARY 7, 1983 CITY COUNCIL ItDTING !ION-AGEHDA BUSINESS 40. Recognition by Mayor of special requests. (a) General Audience - None (b) City Council Oakdell Ranch Council reques~ed that staff report back at the meeting of Februsry 22 regarding the fence and landscaping in the Oakdell Ranch area. Staff was directed t~ contact the new owner of the property at Foothill and Stevens Creek Boulevard regarding the possible public bearing to deter- mine if the building is a nu1sa~ce. . Council received a letter from ProœLtheus Development Co., Cupertino, regarding that company entering into an agreement with the City of Cupertino to construct I18rket rate rental housing on the land currently being held for the expansion Memorial Park. The City Attorney was reque~t~d to look at the laws regarding abandonment of undeveloped park land and the legality of a city entering into a joint venture with a private develop- ment firm. The City Attorney shall report back within two monthe. Staff will inform Prom£tneu8 development of these actions. At 10:30 p.m. the meeting was adjourned to February 22, 1983, 6:45 p.m. //} A ¿ ~~t£) ~~ .