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CC 04-05-82 . . . CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue,Cupertino, CA 95014-3255 Telephone: (408) 252-4505 MINUTES or THE REGULAR KG'l'ING or 1'HE CITY COUNCIL HELD ON APRIL 5, 1982 IN 1'HE COUNCIL GBAKBER, CITY HALL CUPERTINO, CALIFORNIA Mayor Pro tempore Gatto called the meeting to order in the Council Chamber of City Ball at 6:50 p.m. SALUTE TO THE FLAG ROLL CALL Counc. Present: Gatto, Johnson, Plungy, Rogers, Mayor Sparks (6:55 p.m. ) Staff Present: City Kanager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning end Development Sisk Director of FinaDce Snyder (left at 8:l0 p.m.) Director of Parks and Recreation Dowling (left at 7:50 p.m.) City Attorney Kilian STAFF REPORTS l. Oral reportR by staff members and submission of written reports. City Manager's Report GC-566 Page 1 Mother Lode Country Restaurant Solid Waste Recovery!Disposal Tour - Hr. Tom Henderson, Manager, Solid Solid Waste Waste JPA, will make a presentation to Council at their April 19, 1982 meeting, (City Clerk's Note: Mayor Sparks arrived at 6:55 p.m.) Distribution of Housing Needs by Income - The Director of Planning and Housing needs Development was requested to prepare a report clarifying ABAG's in- come figures and to define "moderate" and "low-cost" housing. Letter from The Mother T0de Country Restaurant - It was moved by Counc. Gatto, seconded oy Counc. Johnson and passed unanimously that staff send a letter t~ tne County Transportation Agency regarding the problems of the Mother Lode Country Restaurant and requesting relocd- tion of the bus stop. The next issue of the Cupertino Scene will publish means of preparing for an earthquake. City Clerk's Report Request for Waiver of Buqf~~d License Fee - It waQ moved Ly Coune. Plungy, seconded by Counc. Rogers and passed unanimously to waive Business license fee waived for :;o\J .~ Redistricting Advertising on bus shel- ters Legislative Review Com. recoaaendation . . MINUTES OF THE APRIL 5. 1982 CITY COUNCIL MEETING business license fees for 1982 for th~ National Organization for Women in their ERA fund drive. Th~ City Attorney presented an update regarding the redistricting. COUNCIL REPORTS Counc. Gatto requested Council's opinion regarding advertising on bus stop shelters. Legislative Review Committee Council voted unanimously to support the Committee's recommendations as follows: Oppose SB 1444 (Montoya), Municipal and public tltilities districts: cable television; AS 232l (Duffy), Community Antenna Television; SB l446 (Konto~a). Cable Television: Pole Attachments; AS 2742 (Robinson), Cable Communications Systems; SB 1575 (Boatwright), Public Employees' Retirement System: Cost of Living Increases; AS 30ll (Torres), Workers' Compensation: Cancer Presumptimls; AS 3148 (Roos), Local Government Employer-Employee Relations; AS 3414 (Roos), Peace Officer Licensing; SB 1718 (Sier~ty), Redevelopment Tax Increment Shift to Schools; SB l624 (Maddy), Motor Vehicles: Multiple Truck Combinations; SB l533 (Greene), Unemployment Insurance: Benefit Increase; AS 290l (Martinez), Unemployment Insurance: Benefit Increase. AS 3068 (Berman), Local Public Employer-Employee Relations; AS 2782 (Katz). Mandatory Attorney's Fees in Peace Officer Bill of Rights Case; SB 1425 (Ayala), County Sponsored ''New Cities" Bill; AS 3147 (Roos), Labor Management Consultants: Reg- ulation; SB l440 (Dills) and AS 2638 (Papan), Proposed Extension of Billboard Mora'ori~ms; AS 2418 (Greene), Shift Proposed in Property Tax Revenue from Local Government to Schools if Approved by Voters; AS 2447 (Greene), Redevelopment Tax Increment Revenue Shift to Schools; AS 3112 (Frazee), Amendment to Reporting Requirements of Political Reform Act. Support AB 2607 (Sebastiani), Parking Fines and Forfeitures. County Surcharge.; SB 1592 (Russell), Reinstatement of Mandated Cost Reimbursements; SB 500 (Beverly), Tort Liability. Elimination ùf Joint and Several Liability; SB 1477 (Marks), Senate Lo~al Government Committee Adopts Budget Implementation Bill for Local Government; 5B 17S2 (Russell), Unemployment Insurance: Benefit Increase and Reform Package; SB 1618 (Greene), Unemployment Insurance: Local Public Entity Fund; AB 2400 (5her), Elections by Mail; AB 3149 (Costa), Allowance of Pets for Elderly Housing Projects; · · · MINUTES OF THE APRIL 5, 1982 CITY COUNCIL MEETING No Action: SB 1386 (Montoya), Cable Television Systems: Canadian Ownership; SB l648 (Harks), Proposed Re'lisions to the Community Redevelopment Law; 58 1526 (Greene), Industrial Development Bonds; AS 2804 (M. Waters). Relocation Assistance Raq'lired of Private Developers; SB 1548 (Johnson), Diversion of Fines and rorfeitures Generated from with in State Park System; AB 3702 (Costa), Limitation on School Exactions. Council requested more information regarding the pending fed~ral leg- islation on ca~le TV and copies of AS 3492, AS 3422, SB l65l and AS 255l. It was 80Ved by Counc. Johnson, seconded by Counc. Plungy and passed with Counc. Rogers dissenting to oppose AS 253 (Alatorre), Peace Officers: Part-Time Employment as Privat~ Security Guard. It was 80Ved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to adopt Resolution No. 5848, "A Resolution of the City Council of the City of Cupertino Soliciting Relief from PG&E Rate Structure," and appropriate $500 from the General Fund. CONSENT CALENDAR It was 80Ved by Counc. Gatto, seconded by Counc. Rogers and passed unant.ously to approve the Consent Calendar. 7. Resolution N~. 5837: "A Resolution of the City Council of >!1e City of Cupert1no 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 19, 1982." 8. Resolution No. 5838: "A Resolution of the City Council of the City of Cupertlnn ~llowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Period Ending Karch 23, 19B2." 9. Resolution No. 5839: "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 Gener- al and Miscellaneous Expenditures for the Period Ending March 26, 1982." 10. Resolution No. 5840: "A Resolution of the City Council of the City of Cupertino Approving Improvement Plans of Property Located on Imperial Avenue; Developer, CATV Facility C0mpany; Authorizing Execution of Improvement Agreement; Authorizing Signing of Im- provement. Plans.·r CC-566 Page 3 Res. No. 5848 adopted, PG&E rate structure Consent calen- dar approved C.6 Page 4 MINUTES OF 1'HE APRIL 5, 1982 CITY CO~'NCIL MEETING II. Resolution No. 5841: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Orders No. 2 and No. 3 for Wolfe Road Interconnect, Project 81-30." l2. Resolution No. 5842: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 6 and Authorizing Appropriation for South De Anza Boulevard Landscaping Installation, Project 80-05," 13. Resolution No. 5843: "A Resolutic.n of tl,e City Council of the City of Cupertino Authorizing Execu~ion of Quitclaim Deed, Alhambra Avenue at Stevens Creek Boulevard¡ Tract 6919." l4. Request for waiver of facility and bu~iness license fees filed by Kiwanis Club of Cupertino for their fourth annual "World In.itational Cribbage TournamEnt." . l5. Resolution No. 5844: "A Resolution of the City Council of the City of Cupertino Approving Tract Map and Improvement Plans of Property Located on Stevens Creek Boulevard East of Randy Lane; Developer, Clearlake Development; Authorizing Execution of Improve- ment Agreement; Authorizing Signing of Parcel Map and Improvement Plan." l6. Resolution No. 5845: "A Resolution of the City Council of the City of Cupertino Approving Parcel :iap and Improvement Plans of Property Located on Stevens Creek Boulevard at Vista Drive; Developer, BAS Homes, Inc.; Authorizing Execution of ImproveiKat Agreement, Authorizing Signing of Par~el Map and Improvement Plans." 17. Request for waiver of business licen~e fees for Northwest Val1ey Y's Men's Club for 1982. l8. Minutes of the regular meeting of Karch l5, 1982. (CC-564) 19. Minutes of the adjourned regular meeting of Karch l6, 1982. (CC-565) Vote Members of the Ci~y Council AYES: NOES: ABSENT: ABSTAIN : Gatto, Johnson. Plungy, Rogers, Sparks None None None ORAL COMMUNICATIONS 20. Proclamations . (a) Declaring Apri~, 1982 as Fair Housing Mor.th in Cupert<~o. (b) Declaring Ap~·i1 11-18, 1982 as "Science Fair Week" in Cupertino. . . . . MINUTES OF THE APRIL 5, 1982 CITY COUNCIL MEETING (c) Declaring April 1':;-24, 1982 as "Victims Rights W~ek" in Cupertino. (d) Declaring April, 1982 as ''Neighborhood Watch Month" in Cupert ino. (e) Declaring April l8-25, 1982 as ''Library Week" in Cupertino. The City Clerk's office shall forward the proclamations to the appro- priate agencies. PUBLIC HEARINGS 21. Consideration of enactment of a smoke detector ordinAnce (con- tinued from meet!ng of March 9, 1982). (a) Ordinance No. ll68: "An Ordinance of the City of Cupertino Amendi~g Chapter l6.40 of the C~pertino Municipal Code by Adding Sections l6.40.l65 and l6.40.l66 Regarding 9Boke Detection Systems and Section 16.40.180 Regarding Penalt~es for Violations." Nick Szabo, Public Safety Commission, spoke to COuncil regarding ex- clusion of the single-family dwellings from any retrofitting require- ments and requested that Council reconsider their position. Chief Sporleder, Central Fire Protection District, also requested that Council reconsider and that they include all dwelling units. The Chief complimented the Public Safety Commission for its work on the proposed or4inance. It was moved by Counc. Johnson, seconded by ';ounc. Rogers and passed unanimously to close the public hearing. A brief discussion followed pertaining to reconsideration of including of single-family dwellings, but no motion was made. It was moved by Counc. Gatto. seconded by Counc. Johnson and passed unanimously to approve Ordinance No. 1168 as revised from the meeting of Karch 9, 1982. It was moved by Counc. Plungy, secon~ed by Counc. Gatto and passed unanimously to read Ordinance No. 1168 by title only and the City Clerk's reading to constitute the first reading. 22. Appeal of Conditi3n 18 of Planning Commission Rpcolution No. 2286, undergrounding of utilities, for Application 4-U-80 (Revised), Si:. Jude the Apostle Episcopal Church. Director of Public Works Viskovich reviewed the staff répJrt with Counc i' . ~-566 P8'~e 5 Public hearing closed Ord. No. 1168 approved as re-,.ised First reading of Ord. ~o. 1168 . C.6 P 6 Pl1blic hearing closed Appeal granted . 74-TM-81 (I<ev. approved as amended H.,581.1 approved MINUTES OF THE AiRIl 5, 1982 CITY COUNCIL MEETING Warren B. Heid, architect for the project, presented Council with slides of the area and the church. u~ also su~mitted a diagram showing PG&E and telephone lines and what lines would be removed with any undergrounding. Rev. Buenz, Jr., Rector, St. Jude the Apostle Episcopa1 Church, spoke regarding con~regation concerns, the beauty of the surrounding orchard and community services done by the church. Hr. Ken Foote, layman from the church, spoke of the economic bind of thp church. It was ~ved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to close the public hearing. It was moved by Counc. PJ.ungy, seconded by Counc. Johnson and passed un~~imously to grant the appeal and allow the signing of the deferred agreement. PLANNING APPLICATIONS 23. Application 24-TM-8l (Revised) of K-Land Consultant Engineers, Inc.: Tentative Hap Revision to modify a condition of approval to allow vehicular access fro.1t McClellan Road and Environmental Review: The project was previously assessed, hence, no action is required. The subject property is "L" shaped and is located on the sotlth side of McCI~llan Road approximately lOO ft. west of De Anza Boulevard ~nd continues ~round to De Anza Boulevard l45 ft. south of ~cClellan Road. Recommended for approval. (To be considered witi: Item No. 25.) ARCHITEC'l'\1RAL AND SITE APPF:>VAL COKKITTEE APPLICATIONS 25. Application HC-51,581.l - ,~-Land Construction Company requesting app~oval for site, archite,ture and lighting for a 3,400 sq. ft. office building. The "Jbject property is "L" shaped and is located on the south side of McClellan Road approximately 100 ft. west of De Anza Boulevard and continues around to De Anza Boulevard 145 ft. SJuth of McClellan Road. Recommmended for approval. Director cf Planning and Development Sisk reviewed drawings of the proposed project. It was moved by Coune. Gatto, secondeG by Counc. Rogers and passed unaimou,ly to approve Application 24-TM-81 (Revised) of K-Land Consu~~ant Engineers, I~c. per Planning Commission Resolution No. 2294 with Condition 16 deleted and a condition added that would prohibit ingress and egress from McClellan R~,~, It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to approve Application HC-5I,58J.l per Exhibit I-A. · · · . KlNUTES OF THE APRIL 5, 1982 CITY COUNCIL MEETING RECESS: 8:25-8:35 p.m. PLANNING APPLICATIONS (continued) 24. Application 7-D-8l of Lincoln Property Company N.C., Inc.: Use Permit to construct two office buildings equaling a total of 91, sq. ft. in a P (planned Development with Commercial/Office and Residential, maximum 30 dwelling units per gross acre Intent) zone and Envirmmental Review: The Planning Commission rec~ mends the granting of a Negative Declaration. The subject property is located on the north side of Rodrigues Avenue from De Anza Boulevard to a point approrimately 400 ft. easterly of Torre Avenue. Recommended for approval. ~~rector of Planning ani ~velopment Sisk reviewed the application with Council. Director of Public Works Viskovich presented slides pertaining to traffic mitigation. Council requeste4 from the Director of ~ublic Works a traffic n:emo showing improvements to be done and at what point. This would be a work list keying in when the work would be done. This was re- quested for both Lincoln Property Company and Town Center Properties. Hr. Burch Boone, Lincoln Property Co., said that the existing condi- tions were acceptable but he would prefer that Condition No. l6 have a dollar limit. He also stated that he would not want consideration of this application continued. Discussion followed regarding policies on such things as a required level of traffic. It was also suggested that the Capital Improvement Program be re-examined in light of previous traffic discussions, priorities of improvements and available school sites be determined. Council set public hearings on the General Plan for 7:00 p.m., April 27 and April 28, 1982 for the purpose of arriving at overall policies. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to grant a Negative Decldration for Application 7-U-81. It WáS moved by Counc. Plungy, seconded by ~ounc. Johnson and passed unanimously to approve Application 7-U-81 per Planning Commission Resolution No. 2289 with the following changes: C~ndition l6 will have the following sentence added: "The agreements to 1nstall the above improvements shall be submitted and recorded prior to or in conjunction with the issuance of building permi ts". CC-56E Page 7 Traffic improve ment requ~sted General Plan I public hearing Negative Dec. for 7-U-81 7-U-81 approved as amended ~: Res. No. 5846 adopted . SHewalk and landscaping plan for Stevens Creek Blvd. approved Winokur claim denied ~_ton MINUTES OF THE APRIL 5, 1982 CITY COUNCIL MEETING ITFMS RFX>VED PROM CONSENT CALENDAR 26. None UNFINI3HED BUSINESS 27. None NEW BUSINESS 28. Request for six-month extension for payment of cancellation fee of Land ConserJation Contract (Lands of Forge). (a) Resolution No. 5846: "A Resolution of the City Council of the City of Cupertino Amending Resolution No. 5784 to T.xtend Time of Payment of Cancellation Fee to January 4, 1983." It was moved by Counc. Gatto, seconded by Counc. Rogers and passed vnanimously to adopt Resolution No. 5846. 29. Sidewalk and Landscaping Plan for Stevens Creek Boulevard. Director of Planning and Development Sisk informed Council that there was some disagreement regarding what had happened concerning Vallco at the Architect.ural and Site Approval Committee meeting and requested a continuance to April 19, 1982. Hr. Walter Ward stated that he felt the mature landscaping at Vallco should remain. Council determined it was not nec~ssary to return this item to ASAC. Director of Ylanning and Development Sisk presented slides and a map as well as review of the plan to Council. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to approve the sidewalk and landscaping plan for Stevens C~eek Boulevard amended to pert.ain to presently und~veloped land. Valleo Park will continue to use their oW3 master landscaping plan with one type of tree. In case of redevelopment, implementp~ion will be treated on an individual basis. 30. Cl3im for damages filed by Ms. Natalie Winokur. It was moved by Coune. Rogers, seconded by Coun~. Plungy and passed unanimously to reject the claim filed by Ms. Natalie Winokur and ref¿r it to th¿ property owners. 31. Claim for damages filed by Lawrence L. Johnston. TÞis item was information only. I . MINUTJ:;S or THE APRIL 5, 1982 CITY COUNCIL !Ĺ’ETING 32. Consideration of a modification to the ASAC Rules and Regula- tion9 - Standard Conditions of Improvement~. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unaniwously to approve the modifications to ASåG Standard Conditions of Improve_nts per ASAC Resolution No. 10'3 amended to read, "Street Impro~nts are prohibitively expensive relative to the value of a sign program or sign modification." 33. Report on bid opening for Mann Drive Widening, ~r~ject 82-21, and award of contract. It was moved by Counc. Johnson, seconded by Counc. Catto and passed unanimously to award Manr. Drive Widening, Project 82-2l, to D & T Construction for their low bid of $6,8JO and appropriate that amount from the General Fund. Council also approved the overage for contin- g~ncy. WRITTEN COMMUNICATIONS 34. Letter from Jason Spiller requesting a change in Ordinan~e No, ll34 regarding soil Etudies prior to issuance of building permits . Mrs. Marilyn Spiller, l037l Plum Tree Lane, read a statement into the record regarding soils report requirements. Director of Public Works Viskovich pr~sented the history on the City's soil requirements. Council requested that staff report back at the meeting of April 19, 1982 regarding the possibility of a contract employee doing such reports. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to deny the request from Mi. Spiller for waiver of the requirements of a soils report. Council suggested that when soils reports are filed with the City, they be keyed on a map and possibly placed in the computer for future use. It was moved by Counc. Rogers, Eeconded by Counc. Plungy and passed unanimously that staf: re-examine the soils report ordinance to provide for a waiver provision and to clarify Section 2. 35. Petition requesting immediate closure of Byrne Avpnue from direct access to Stevens Creek Boulevard. The petition was referred to staff for alternatives and costs. It will be presented to Council at their meeting of April 19, 1982. ORDINANCES . 36. Second reading of Ordinance No. 1169: "An Ordinance of the City of Cupertino Amending Section I of Ordinanc", No. 2 by Rezoning Approximately 7,3 Cross Acres fro~ A to P Zone; Located on the Southwesterly Quadrant of Homestead Foad and De Anza Boulevard Just North of Highway 280 (Behind Homestead Square Shopping Cent... and De A['za Lumber)." CC-566 Page 9 Hodification of ASAC Standard Conditions of Improvemen t s Avard to D & T Construction Contract em- ployee doing soils reports Spiller request for waiver of soils report requirements den ied Soils report ordinance Closure of Byrne Avenue set for hearing . _~o Second reading of Ord. 1169 Ord. 1169 enacted Second reading of Ord. 1165 . Ord. 1165 enacted Second reading of Ord. 1170 Ord. 1170 enacted . MINUTES OF THE APRIL 3, 1982 CITY COUNCIL MEETING It was moved by Counc. Plungy, seconded bv Counc. Gatto and passed unant.ously to rPßd Ordinance No. 1169 by title only and the City CJ~rk's reading to constitute the second reading. It was moved I:y Counc. Gatto, seconded by Counc. Rogers and pass3d unanimously to enact Ordinance No. ll69. 37. Second reading of Ordinance No. 1165: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance Ro. 2 by Rezoning Approximately 14 A"res fro", P to P; Located between Stevens Creek Boulevard and Rodrigues Avenue Approximately 700 Ft. West of South Blaney Avenue." It was moved by Cnunc. Plun'O', seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1165 by title only and the Ci~y Clerk I s reading to constitute tt·o second reading. Hr. Stan Scarborough reviewed transparencies with Council regarding traffic and neighborhood intrusion, the level of traffic at inter- 3ections around Town Center, and various recommendations. He requested that Council reconsider land use in the area. Mr. Maurice O'Shea, Clay Street, stated that he felt that past a certain point of development, the cost to the town is exponential. !t was moved by Counc. Plungy, seconded by Counc. Gatto and passed with Councilmembers Gatto and Rogers dissenting to enact Ordinance Nc,. ll65. 38. Second reading of Ordinance No. ll70: "An Ordinance of the City of Cupertino Amending ~ction '1.24.150 of the Cupertino Municipal Code, Relating to Stopping, Standing or Parking on Orion Lane." It was moved by Counc. Plungy, seconded by ~ounc. Catto and passed unanimously to read Ordinance No. 1170 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc, Gatto, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 1170. RgSOLUTIONS 39. None NON-AGENDA BUSINESS 40, Recognition by Mayor of special requests, (a) General Audience. Marilyn Sho.,t asked if the April 27 General Plan hearing would be open to the public (she was Infc,rmed it would be open to the public) and asked if consultant fees come from the Ceneral Fund (she was informed that some do and some studies are paid for by the developer). . . . . MINUTES or 1'HE APRIL 5, 1982 CITY COUNCIL MEETING Ty Short stated that Council bad to determine priorities of the City. He further said he had a real concern regarding traffic. Be thought that the highest priority of the citizens of Cuperti~~ i9 that ,he money be spent where the greatest number of citizens would benefit. Ann Anger, 10185 Empire Way, stated that on April l6 there would be a West Valley Legislative C~ttee meeting at 7:00 a.m., Northern California Savings & 1.oan, and the speaker you'd be Jim Beall, San Jose Councilmember, regarding the progress ,f San Jose in th~ matter of the Righway 85 corridor. (0) City Council Counc. Plungy request~ that staff fresenl a plan of what is required to get on the Regional TIP. The City Kaneger was requested to check with the Central Fire Protec- tion district regarding their capabiliries of dealing with hazardous chemicals. At ll:20 p.m., Council adjourned to a closed session. At 11:50 p.m., Council returned to open session in Council Chamber. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unant.ouslv to follow the City Manager's recomme~dation of no second appraisal regarding acquisition of property; tile City take p"sitive steps regarding state highways in the ~tter of 911 software; and the City Attorney's recommendation be fo]J~wed regarding the matter of appointee. At ll:55 p.m. the meeting wa~ adjourned. ,/J ~._~ é~_·._) City Clerk ~ CC-56ti Page 11 Hazardous Chemicals Closed session Acquisition of pro¡>erty; 911 sof twart! ; watter of appointee