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CC 01-02-96- CC-914 MINUTES Cupeffmo City Council Regular Adjourned Meeting January 2, 1996 PLEDGE OF ALLEGIANCE Mayor Burner led the Pledge of Allegiance and called the meeting to order in the City Council Chambers, 10300 Tone Avenue, Cupertino, at 7:05 p.m. ROLL CALL Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don Bumett. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Public Infom~ation Officer Donna Krey; and Public Works Director Bert Viskovich. POSTPONEMENTS Mr. Jim Sullivan said that the Portofino and Citation homeowners are working out a rtl- party settlement agreement. He asked for a two-week continuance on Item No. 20. Sorensen moved and Chang seconded to continue Item No. 20 to Jann,_~ 16. The motion carried 5-0. ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar. Bautista seconded and the motion carried 5-0. 1. Resolution No. 9520: Accounts Payable, December 1, 1995. 2. Resolution No. 9521: Accounts Payable, December 8, 1995. 3. Resolution No. 9522: Accounts Payable, December 15, 1995. 4. Resolution No. 9523: Payroll, December 1, 1995. 5. Resolution No. 9524: Payroll, December 15, 1995. 'Jam~Ary 2, 1996 Cupertino City Council Page 2 6. Resolution No. 9525: Authorizing destruction of records. 7. Review of application for Alcoholic Beverage Control License for Valley Green Liquors, 10073 Salch Way. 8. Request for transfer of funds from Stevens Creek Improvements to Foothill Renovation of Medians. 9. Resolution No. 9526: Approving contract change order No. 1 for Blackberry Farm Picnic Grounds, Swimming Pool Renovation, Project 95-101 10. Resolution No. 9527: Authorizing the filing of a claim with the Metropolitan Transportation Commission for allocation of Tran.qportation Development Assistance Funds for Fiscal Year 1995-96 for installation of Americans with Disability Act (ADA) traffic signal pedestrian push buttons for activating traffic signal walk indication. 11. Resolution No: 9528: Accepting grant of sidewalk easement from Bollinger II Associates, a California Limited Partnership; northwest comer of De Anza Boulevard and Bollinger Road. 12. Resolution No. 9529: Accepting grant of public utility easement from Bollinger II Associates, a California Limited Parmership; northwest corner of De Anza Boulevard and Bollinger Road. 13. Resolution No. 9530: Accepting quitclaim deed and authorization for underground water rights from Chen's Golden Star Investments, Limited Par~ership; APN 357-12-021, 10398 San Fernando Road. 14. Resolution No. 9531: Accepting quitclaim deed and authorization for underground water rights from John M. Gatto and Patricia Marie Dowd; APN 326-35-058, 10641 Madera Drive. 15. Minutes of December 4 regular and December 15 regular adjourned meetings. 16. Monthly Treasurer's Report for November, 1995. 17. Acceptance of Donna Poggi's resignation from the Cable Television Advisory Committee. 18. Resolution No. 9532: Setting the date for consideration of annexing the area designated "Almaden Avenue 96-06," property located on the north side of Almaden Avenue between Orange Avenue and Byme Avenue; approximately 0.228 acre, Tang (APN 357-15-017). · January 2, 1996 Cupertino City Council Page 3 Vote Members of the City Council AYES: Bautista, Bumett, Chang, Dean, and Sorensen. NOES: None ABSENT: None ABSTAIN: None PUBLIC I~EARINGS 19. Application 7-Z-95, Citation Homes Central: A public hearing to consider mending Title 19 of the Cupertino Municipal Code by rezoning an 18 acre parcel from P (RES 20-35) (Planned Residential, 20-35 dwelling units per gross acre) zone to P (RES 10-20) (Planned Residential, 10-20 dwelling units per gross acre) zone. The project is located at the intersections of DeAnTa Blvd., Homestead Road, Blue Jay Drive, and 1-280. Recommended for denial. Environmental Detemdnation: The Planning Commission recommends the granting of a negative declaration. (a) First reading of Ordinance. No. 1713: An Ordinance of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 By Rezoning Approximately 18 Acres From P (RES 20-35) to P (RES 10-20) - Application No. 7-Z-95." The Community Development Director said that this zone change was consistent with the recently adopted General Plan. Mayor Burner opened the public hearing, and no one wished to speak on this item. Sorensen moved to grant a negative declaration. Dean seconded and the motion carried 5-0. Sorensen moved to approve the application for zone change. Bautista seconded and the motion carried 5-0. The City Clerk read the title of the ordinance. Sorensen moved and Baufista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 20. Application Nos. 6-TM-94, 10-U-89, 8-U-94 ('Mod.), 6-TM-95 and 18-EA-95, Citation Homes Central: Request to delete conditions regarding common area including the following City Council Action Letters: Condition No. 1 of Application No. 6-TM-94 dated October 5, 1994; Condition No. 15 of Application No. 10-U-89 dated August 17, 1989; Condition No. 1 of Application '-- No. 8-U-94 (Mod.) dated October 5, 1994; Condition No. 1 of City Council Action Letter dated September 7, 1995; Condition No. 9 of 8-U-94 (Mod.) dated October 20, 1995; and Condition No. 3 of 6-TM-95 dated October 16, 1995. Recommended for denial. Environmental Detemiination: The Planning 'January 2, 1996 Cupert/no City Council Page 4 -- Commission recommends the granting of a negative declaration. (To be heard in conjunction with Application No. 7-Z-95 public hearing.) During discussion of "Postponements" this item was continued to January 16. UNFINISHED BUSINESS 21. Resolution No. 9533: Supporting Route 85 sound abatement efforts and pilot program; and appointing a representative to the Freeway Noise Abatement Committee. Sorensen moved to adopt Resolution No. 9533 supporting a pilot project for sound attenuation. Bautista seconded and the motion carded 5-0. Bautista nominated Mayor Bumett to serve on the Freeway Noise Abatement Committee. Dean seconded and the motion carded 5-0. NEW BUSINESS 22. First reading of Ordinance. 1714: "An Ordinance of thc City Council of the City of Cupertino Amending Chapter 2.74 of the Cupertino Municipal Code Relating to thc Cupertino Telecommunications Commission." The Public Infoimation Officer reviewed the staff report. She said this amendment would expand the role of the Cable Television Committee to include more of the role of telecommunications. The City Clerk read the title of the ordinance. Sorensen moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. Staff was directed to incorporate the commission's new name in all appropriate city materials. 23. Consideration of West Valley Hillsides Joint Planning Review Draft Strategy Outline (Application 81,168). Recommended for approval. The City Clerk distributed copies of a letter dated December 29 from Camas Hubenthal, Santa Clara County Legislative Advocate for the Committee for Green Foothills. The letter urged Council to endorse the Hillside Preservation Strategy as proposed by the Planning Commission and staff. Sorensen moved to endorse the draft strategy outline and the following steps: (1) Each city will delineate its long term growth boundary line; (2) The joint project staff will develop a set of joint land use objectives for the study area; (3) Recommendations will be prepared regarding potential public acquisition of key undeveloped sites; and (4) Mechanisms for resolving interjurisdiction land use issues will be identified. Bautista seconded and the motion carded 5-0. · January 2, 1996 Cupertino City Council Page · - 24. Recommendation from the Affordable Housing Committee regarding sale of city- owned below-market rate (BMR) unit located on (}arden Terrace Drive at market rate. The Community Development Director reviewed the staff report. Sorensen moved to approve the sale of this unit at market rote with proceeds (after repayment of the general fund loan) earmarked for the affordable housing fund, to be used for affordable housing development activities only. Chang seconded and the motion carried 5-0. 25. Resolution No. 9534: Authorizing Execution of Cooperative Agreement with the County of Santa Clara for Sidewalk Improvement on Phil Lane. The Public Works Director said that the total cost is estimated to be $36,000. The City's share will be the $8,000 construction costs, and the project should be completed in about 30 days. Sorensen moved to approve Resolution No. 9543. Chang seconded and the motion carried 5-0. -- 26. Appoint City of Cupertino representative to the Santa Clara County Library District Joint Powers Authority Board of Directors (replacing Barb Koppel). Soreusen moved to appoint Council member Chang to the Library District JPA. Dean seconded and the motion carried 5-0. WRITTEN COMMUNICATIONS The City Manager said he had received a letter from Diane McKenna serving as chair of the Solid Waste Commission asking for a nomination to the commission. The City Manager said that Cupertino, Los Altos, and Los Altos Hills comprised the North County cities, and he recommended that the Council nominate one of their members. The final selection will be made by the Santa Clara County Cities Association. The City Attorney said that this is a time-sensitive issue and arose after the agenda was printed. Sorensen moved to nominate Council member Dean. Bautista seconded and the motion carried 5-0. Dean reported that electronic communications had been received from Mr. Dan Carter regarding a business near a residential area that was receiving deliveries at 3:00 a.m.. The Community Development Director said that he would follow up on the matter. · January :2, 1996 Cupertino City Council Page COUNCIL REPORTS Sorensen said that at the Council retreat they did not have an opportunity to discuss an economic development plan, and she suggested that it be discussed as soon as possible. Council concurred to agendize it for the meeting of January 16 beginning at 6:00 p.m. ADJOURNMENT At 7:15 p.m. the meeting was adjourned to January 8 at 6:45 in Conference Room A. Council will be conducting interviews of applicants for boards, commissions, and committees. City Clerk