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CC 04-04-83 . . ~ . .. , -·~-'''''''''''''i. - ~;.-"7'1, CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINITl'ES OF THE REGULAR MEETING or THE CITY COUNCIL HELD ON APRIL 4, 1983 IN THE COUNCIL CHAMBER, CITY BALL CUPERTINO, CALIFORNIA Mayor Gatto called the meeting to order at 6:50 p.m. in the Council Chamber, City Hall. SALUTE TO THE FLAG ROLL CALL Council present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning and Development Sir.k Director of Parks and Recreation Dowling (left at 7:30 p.II.) STAFF REPORTS 1. Oral reports by staff members and submission of written reports. City Manager's Report Council Study Session - Cy consensus, Council placed discussion of a possible fee structure on development under the proposed General Plan on the agenda for April 18, 1983. Sho~ld it be necessary to conduct a public hearing, it would be scheduled for theil' meeting of May 16. Council requested a summary of Planning Commiss~on discussion on this matter. West Valley Multi-Modal Task Force Letter - It was moved by Counc. Rogers. seconded by Counc. Johnson and passed unanimously that a letter be sent to various governmental levels with copies to the West Valley Multi-Modal Task Force opposing a private development being built in the West Valley Corridor and supporting timely funding for preservation of right of way. Oti,er Staff Reports - It was moved by Counc. Rogers, seconded by Coune. Sparks and passed unanimously to approve initiating r~zoning for planned development for all portions of the Core Area. COUNCIL REPORTS Ceunc. Johnson - Le~islative Review Committee - It was moved by Counc. Jonnson, seeonded by Counc. Sparks snd passed unanimously to take the following actions regarding pending legislation: -~'t'l1>..:" , ~5 Pap 1 Fee strueture West Valley Corridor Rezoning in Core Area Legislative Review ~o~ Xeeting with Zschau . Items removed Calendar aporuved . -; .".,:.~~ ;·r'1~::"~··'-~~<-':fO'ê_""4'" l1INUTES OF THE APRIL 4, 1983 CITY COUNCIL MEETlRG Support SB 224 (Ayala), Environmental Quality. AI 1216 pertaining to crime laboratory analyses with amendments changing the $15 to $20 and allowing the Board of Su!,)ervisors to increase the fee up to 5% annually based on cost of living incresses. Council opposes a proposed amendment to the bill which would state that if deposits fail to meet expenses a city is not relieved of financial responsibility. Oppose AI 1599 (Costa), Housing Elements of General Plans. AB 1512 (Alatorre), Preclusion of Use of Drivers License Information for Law Enforcenent Purposes. SB 956 (Dills), City Variations for Building Standards. AB 1672 (Bradley), Building Permit Review. AB 101 (Moore, et al), Geologic Hazards. 5B 259 (Mello), Subdivisions: Local Limits on Development. Coonc. Rogers - the Mayor was authorized to contact Ed Zschau regarding Council meeting with him in Cupertino. Suggested date.s for such a meeting were May 14 and May 21. This would be a breakfast meeting. CONSENT CALENDAR Counc. Rogers removed items 13 and 15 from the Consent Calendar. It was moved by Counc. Plungy. seconded by Counc. J.,hnson and passed unan- imously to approve the balance of the Calendar. 7. Resolution No. 6066: "A Resolution of the City Council of the City 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 March 8, 1983." 8. Resolution No. 6067: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending March 18. 1983." 9. Resolution No. 6068: "A Resolution of the City Council of the City 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 March ZZ, 1983." 10. Resolution No. 60£9: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for City Hall Basement Modification. Project 79-56, El"ctrical." 11. Resolution No. 6070: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Improvement Plans of Property Located on North Foothill Boulevard at Old Cupertino Road; DevelopLr, Hugh Jackson, Authorizing Execution of Improvement Agreement, Auth- or izing Signing of Parce 1 Map and Improvement Plans." 1;.,,",~~ .~>.,'r''§<' . MINUTES OF THE APRIL 4, 1983 CITY COUNCIL MEETING 12. Acceptance of municipal improvements, so~theast corner of Stevens Creek Boulevard and Finch Avenue, Barclay's Bank of Calif~rnia and Cypress Building Associates. 13. Removed. 14. Minutes of (CC-603) IS. Removed. the sdjourned regular meeting of March 16, 1983. Vote Members of the City Cour~il AYES: NOES: ABSENT: ABSTAIN: Jehnson, Plungy, Rogers, Sparks, Gatto None None None ITEMS REMOVED FROM CONSENT CALENDA!l 13. Minutes of the regular Council meeting of March 15, 1983. (CC-602) It was !:lOved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to approve the March 15, 1983 Council minutes as submitted. . 15. Minutes of the regular City Council me~ting of March 21, 1983. (CC-604) It was moved by Counc. Rogers, seeonded by Counc. Spark~ and passed unanimously to approve the March 21, 1983 Council minutes with the in- sertion of the figures pertaining tc the job/housing balance reflecting Council'9 preliminary decisions on the General Plan Amendment. (CITY CLERK'S NOTE: Director of Parks and Recreation Dowling left at 7:30 p.m.) ORAL COMMUNICATIONS 17. Proclamation declaring April 18-23, 1983 as "Head Start Week." The City Clerk was directed to send the proclamation to the appropriate party. 18. Proclamation d"claring April 17-23. 198 as "Victims Rights Week." The City Clerk was directed to forward the proclamation to the appro- priate party. 19. Members of the audience regarding matters not on the agenda. . None. CC-605 'age 3 March 15 minutes approved March '1.1 aoinutes approvf!d CC-605 .e4 Items con- tinued . HC-Sl,148.3 approved . '~~'""7;.':t~; ~?(¡:~", MINUTES OF THE APRIL 4, 1983 CITY COUNCIL MEETING PUBLIC IlEARII:GS 20. Appeal of ASAC denial ~f a sign permdt by Mitchell Bros. Automotive Distributor. (Application BC-Sl,582.9ì. NEW BUSINESS 26. Monta Vista Design Guidelines. It was moved by CoWIe. Sparks, secondf!!d by Counc. Rogers and passed unanimously to continue these iteM to the regular meeting of April 18, 1983. PLANNING APPLICATIONS 21. Application 6-U-83 of ARC Electric, Inc.: Use Permit to construct a two-story office building consisti~g of approximately 3,20G .q. ft. and Environmental keview: The PI ann in,:. Co1Zission reco_nds the granting of a Negative Declaration. ~he subject property is loeated on the northeast corner of Stevens Creek Boulevard and Foothill Boulevard in a P (Planned Development with office intent) zoning district. Recommended for approval. As the apI·licant was not yet present, this mstter was continued to later in the agenda. ARCHITECTURAL AND SITE APPROVAL COtIMlTTEE APPLICATIONS 22. Application HC-5l,148.3 - Gemeo (Lucky Stores) - drchitectural, site and landscaping approval to add 8,800 sq. ft. to an existing department store. The subject property is bounded by Stevens Creek Boulevard, Bandley Drive, Alves Drive and Saich Way. Recommended f or approval. Mayor Gatto announced that ¡Ie would abstain from discussion on this matter as James Foug and Associates does work for Lucky ~tores, parent company of Gemeo. The meeting was turned over to Mayor Pro Tempore Plw1gy. Director of Planning and Develop~nt S1sk reviewed drawings of th~ proposed expansion with Council. A r~pr~sentativc of the applicant was present to answer any q11estions from Council. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with Mayor Gatto abstaining to approve Application HC-Sl.148.3 per Architectural and Site Approval Committee Resolution No. 1046 with the addition of Condition No. 14 as follows: Prior to issuance of a building perm;, the applicant shall pay all exactions, fees and charges, then in effect, imposed for the purpose of the consruction or acquisition of streets, roads, pacKs and other capital improvements which may take the form of 3ssessment districts, taxes, development agreements, impact fees, subdivisi0n exactions or other financial mechanisms or a combination thereof, provided. however, that the total contribution by the applicant shall not exceed $3.05 per square foot. þ MINUTES OF THE APRIL 4, 1983 CITY COUNCIL MEETING UNFINISHED BUSINESS 23. Granting of a Negative Declaration for Application Z-U-83, Kitchell Bros. Auto Parts. It was moved by Coune. Johnson, seconded by Counc. Sparks and passed unanimously to grant a Negative Declaration for Application 2-U-83, Mitchell Bros. Auto Parts. 24. Consideration of r~quest by Alves Drive residents to expedite traffic study and level of participation of developer ~, construc- tion of traffie control device on Alves Drive. Director of Planning and Development Sisk reviewed the staff report with Council. þ John Volckmann, Z0883 Stevens Creek Boulevard, informed Council that he had re~d the conditions and was appalled. He stated he would partici- pate in a traffic study, but residents and other developers in the area should share the cost of any back-to-back cul-de-sacs. He stated that the condition as stated in the approval would result in a charge of $15 per sq. ft. for second tier development. Upon being asked by Council, the Director of Public Work& stated that a traffic study regarding neighborhood intrusion resulting from the proposed development would cost approximately $3,000-4,000. ¥J. Volckmann said that $1,500 seemed a reasonable amount for hts share. Mr. Doug De Vrie, Alves Drive, requested that when a study is done, figures pertaining to ätreet repairs be examined as heavy traffic re- sults in potholes which need frequent refilling. He furt~er stated that the residents were on record as not wantir.g the maRonry wall. Mr. Volckmann verified that residents do feel the existing redwood fenee with landscaping is preferable to a masonry wall. When asked regarding a timetable for a traffic study, the Director of Public 'lorks ::laid that should it be done by staff it would take approxi mately six months. However, a consultant should have it completed within 45 days for the $3,000-4,000 estimate. By consensus. Council agreed that a consultant should b¿ retained for this purpose. Director of Public Works Viskovich said that h~ woulo contact a con- sultant i~ediately and if it is ~re than $4,000 will bring the ffiatter back to Council. . It was moved by Counc. Sparks, seconded by Cúunc. Johnson and passed unanimously to amend Condition No. 19 of Applicati0n l-U-83 for Stevens Creek Office Center to read, "The applicant shall participate in the amount of $4,000 for the preparation of a neighborhood circulation study." .··.'~.,r·- I CC-605 Page 5 Negative Dee. for '1.-U-83 Condition 19 of l-ü-03 amended . .60~ Hess claim rejected . Contract to Rosendin Electrie 6-¡:-él3 ap;>roved . ...,,,.~,''''''-'..'','' , ~"'~"" \~,:;~,\'- , MU.'JTES OF THE APRIL 4, 198J CITY COUNCIL MEETING 25. Review of roof change - Bedrie Co_rcial Building - Monts Vista. Director of Planning and Development Sisk s~~d slides of the bbilding under question. Upon the request of ti,e City Attorney, it was moved by Counc. seconded by Counc. Johnson and passed unanimously to discuss closed s~ssion as it is a matter of potential litigation. Rogers, this in Ann Anger, Monta Vista, expressed the feeling that this i~ a situation where the owner/developer lives outside of Cupertino and is not particularly interested in upgrading the area. She stated that the parking lot and building are deteriorating. NEW BUSINE!:S 27. Claim for damages filed on behalf of Jerome Hess. It was moved by Counc. Plungy, seconded by Co...;¡c. Sparks and passed unanimously to reject the claim filed on behalf of J~rome Hess and direct the City Clerk to forward the claim to the Santa Clara Valley Water District. 28. Award of contract for Bollinger/De Anza Boulevard modification, Project 80-12. It was moved by Counc. Sparks, seeondeó by Coune. Johnson and passed unanimously to award the contract for Bollinger Road/De Anza Boulevard Traffic Signal Modifications to Rosendin Electric based on their lowest bid, with bid items No.1, 7, 8 and 9 deleted in the amount of $9,424.00, resulting in a total low bid of $177,852.25 and to approve an addit~Qnal appropriation from the general fund in the amount ~f $30,000.00 bringing a total City contributi~n to $90,000.00. PLANNING APPLICATIONS (continued) 21. (continued) Director of Planning redesigned projeet. Foothill Boulevard. and Development Sisk showed Council slides of the Discussion followed regarding the plEn line along It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to approve Application 6-U-83 per Planning Commission Resolution No. 2380 with the following changes: Condition No. 15 to read, " " "Exhibit A 1st Revision. . Condit ion No. l~ to read, " than 13 ft. maximum height of 17 ft. . . ." [ather Condition No. 22 eliminated and replaced with the following condition: "The applicant ls required to mit igate the or iVåcy impacts of the second story windows along the easterly property line. Said mUigation may encompass modlfying the windows to clerestory windo 3 (minimum of '. -"~'~¡;î" ,,,.~;~-:.::~~ . þ MINDTES OF THE APRIL 4, 1983 CITY COUNCIL MEETING ~ ft. clearance), construct sereens to shield direct view, install obs...·'re glass, or such other devices that may be deemed appropriate by the staf.r. The privacy mitigation measures which have bean revised shall be re~iewed by the Architectural and Site Approval Coam1t~ee as required in Condition No. 21." This approval was subject to the approval of the plan line. By consensus, an encroachmen~ permit was approved for the a?plicant to enable him to provide necessary landscaping. Council authorized that the curb be moved to enable this. Staff will work with the applicanL regarding additional parking places so that at least 10 will be added. Those along Stevens Creek Boule- vard will be eliminated if possible. Council requested that in the future staff present them when possible with a list of who is responsible for what improvements and what road improvements will take place with development. RESOLUTIONS þ 33. Resolution No. 6058: "A Resolution of tr. City Council of the City of Cupertino Declaring 1ts Intent to Conduct a Public Hear- ing Concerning the Abandoned Building at the Northeast Corner of the Intersection of Foothill Boulevard and Stevens Creek Boule- vard.fI It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to remove this item from the calendar. PLANNING APPLICATIONc (continued) 21. (continued) By consensus, staff was directed to investigate what steps would be necessary to acquire the right of way along Foothill Boulevard to coordinate improvements along the right side of the street to Cuper- tino Road with Application 6-U-83 of AEC Electric, Inc. NEW BUSINESS (continued) 29. Consideration of continuing cable casting of City Council and Planning Commission meetings. . By consen".., ;;ouncll requested that the meeting of April 18 be cable- cast in black and white with the meeting of May 2 cablecast in color. These meetings shall be done as close to permanent conditions would be as possible. At their meeting of May 16, CouncE will make the de- cision regarding the cablecasting of meetings. CC-605 Page 7 Rea. No. 6058 removed Cablecasting of meet fogs . , 6605 _e8 Withdrawl of bid by Eagle, contract to San Jose COUDDercial Sweeping - limits ~ouncil meetings Flag ')ay Bedrie Building roof . , MINUTES OF THE APRIL 4, 1983 CI'::Y COUNCIL MEETING 30. Street sweeping contra~t - withdrawsl by low bidder. award to next low bidder. It was moved by Counc. Johnson, seconded by Counc. Sparks and passed unanimously to accept the withdrawsl by Eagle Commercial Sweeping of their bid for the street sweeping contract, and to awsrd the co~tract to San Jose Commercial Sweeping for the amount of $6,700 per month. WRITTEN COMMUNICATIONS 31. None ORDINANCES 32. None NON-AGENDA BUSINESS 34. Recognition by Mayor of speeial requests. (a) General Audience - None (b) City Council By consensus, Council stated that at this time a time lill1t will not be placed on Council meetings. However, at approximately recess time, a deeision will be made whether it appears p~ssible to complete the agenda that ev"ning. By consensus, Council approved the cencept of a Flag Day ceremony to be held Tuesday, June 14, 1983. S"ggestions were requested regarding possible activities. At 8:55 p.m. the meeting adjourned to a closed session. At 9:09 p.m., Council recon~ened in Chamber with all Councilmembers present. City Manager Quinlan, City Clerk Cornelius, Director of Public Works Viskovich, Director of Planning and Development Sisk and City Attorney Kilian were also present. It was moved by Counc. Sparks, seconded by Counc. .Johnson .lnd ¡>assed unanimously to direct that staff request the owner of the Be~rie COUDDercial Building to apply for and get a building permit for the roof rehabilitation. Standard fees and charges for the application will be levied. ASAC review of this item is deferred until further modifications are made to the building. At 9:1Z p.m., the meeting was adjourned. ~) - k6/.ø~ City lerk