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CC 08-07-79 . . "-'-. ;"~"<"r"';':'" .:?"~~~'" " CITY (IF CUPEIlTI¡W, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 . MniUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 7. 1979, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA The meeting vas called to order by Mayor Fro-TemPöre O'Keefe in the" Cotmc11i'Cll8ber;õf;Ctty Hall at 7:35 p.m. ROLL CALL Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers (9:00 p.. ) Staff Present: City Manager Quinlan City Cierk Cornelius Director of Finance Snyder Deputy City Clerk Morisch Assistant City Attorney Kilian Director of Planning and Development Sisk (8:30 p.m.) Associate Planner Piasecki (until 8:35 p.m.) PLANNING APPLICATIONS . 50. Application 9-TM-79 of Martin Hall/James Boghosian: Tentative I'iap to modify property lines for three existing parcels consisting of '\ total of approxi1d8tely .8 of an acre. No new lots are being cre- ated. Individual modified parcels will co~sist of approximately 10,000 sq. ft. each; and Environmental Review: Tbe Environmental Review Co~ittee recommends the granting of a Negative Declaration. Said property is located at the southwesterly terminus of Mlramonte Road approximately 350 ft. easterly of Stevens Canyon Road in an Rl-lO zoning district. Recommended for approval. It was moved by Counc. Jackso~, seconded by Counc. Sparks and passed unanimously by those present to contin»e consideration of Application 9-111-79 to the meeUoa of~gust ~u. Staff,will prepare a report """" garding street improvementscr8O(Uired should the property be deteridnea as hillside. Standard criteria f~r deciding if land is hillside or flat- land shall be developed. 51. Application 9-U-79 of Hassan Amer: Use Permit to construct an 11,30 sq. ft. office building in a P (Planned Development with commercial and office use intent) zone and Environmental Review: The project vas previously assessed hence 110 action is rEquired. Said property is located on the southwest corner of Stevens Creek Boulevard and Bubb Road. Recommended for approval. S~fwat Malek, architect, reviewed the proposed development. . It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously by those present to approve Application 9-D-79 as per P1annin Commission Resolution No. 1951. Staff ...ill alert ASAC regarding the ...ood shingle roof proposed and the building's proximity to raIlroad track~ in light of possible fire hazard, as requested by Counc. O'Keefe. CC-469 Pas. 1 9-l'M-79 continued 9-U-79 approv<>d ct-469 pe2 l4-U-78 approved . Res. No. 5066 adopted Res. No. 5060 adopted . . . MINUTES OF THE AUGUST 7, 1979 CITY COUNCIL HERTING 56. Application 14-U-78 of Thornwood Associates: Modification of. a previously approved Use Permit for a 2,000 sq. ft. ~lectronic game center to modify Condition 19 of Planning CoClllliss1on Resolution No. 1869 to permit saH ftlc1l1ty to remain open until 12:00 o'clock midnight instead of 10:00 p.m. as previously approved and Environmental Review: The project is categorically exempt, hence no action is required. Said property i5 located within the Homestead Center on the southeast comer of Homestead Road and Stelling Road. Recommended for approval. Stamus Cocolus, proprietor, Galaxy Family Skill Center, addressed Coundl. It was moved by Counc. Sparks, seconded by Coone. Rogers and passed unanimously by those present to approve Application l4-U-7S as per Planning Commission Resolution No. 1963. ARClIlTECTURA·1. AND SITE APPROVAL COMMITTEE APPLICATIONS 57. None ITEMS REMOVED PROM CONSENT CALENDAR 20. Resolution No. 5066: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Cooperative Agreement with the City of Sunnyvale Providing for the Improvement of Sunny- vale-Saratoga Road." It was mo'l1ed by Counc. Jackson, seconded by Counc. Sparks and passed unanimously by those present to adopt Resolution No. 5066. 31. Resolution No. 5060: "A Resolution of the City Council of the City of C~pertlno Requesting the Board of Supervisors of Santa Clara County '0 Provide for the Consolidation of a Special lIunidpal El.ction :,ith the State of California Special Election to be Held ",·.yember 6, 1979." It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously by those present to adopt Resolution No. 5060. 39. Application HC-51,403.3 - Any Mountain, Ltd. requesting approval "f site, architecture, landscaping and lighting for a new commer- cial/office building consisting of approximately 12,600 sq. ft. addition to the existing Ski Any Mountain building. Said property is located at southwest corner of North De Anza Boulevard and Mariani Avenue in a P (Planned 1J"velopment with light industrial. general commercial and residentia. (4-10 dwelling units per acre) intent) zoning district. Recommended for apprcval Terry Mathew, General Manager, Any rwuntain. Ltd. answered Counei1's c.uestit'ns regarding 1..ndscaping. , f . . . - - MINUTES OF TBE AUGUST 7, 1979 CITY COUNCIL MEETING It was moved by Coun~. O'Keefe, seconded by Counc. Sparks and pass.d unan imous1y by those preuent to approve ApplicAtion HC-51,403.3. UNFINISHED BUSINESS 59. Presentation of substance abuse and regulation of disp1-y and sale t .tnors of drug use information and paraphernalia ordinance. (Contin ued from meeting of July 2, 1979.) It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan imously by those present to schedule the proposed ordinance for first reading at the meeting of Augus. 20, 1979. NEW BUSINESS 60. Report on bid opening, Memorial Park Well, Project 79-26, and award of contract. I~ was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan imous1y by those present to reject the bid received from Guardino Pump and Well Drilling and rebid the project at a later date. 61. Vallco Park Assessment District 1974-2. (a) Resolution No. 3873.41: "A Resolution Approving ðnd Authorizin Execution of Agreement for Acquisition of Certain Improvements, Vallco Park Assessment Df.strict No. 1974-2." (b) Resolution No. 3873.42: "A Resolution of the City Council of the City of Cupertino Providing for the Addition of Certain Im- provements as Requested by the Owners of Property Affected, Val co Park Assessmp.nt District No 1974-2." It waa ~oved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously by those present to adopt Resolutions No. 3873.4] and 3873.42. 62. C1ai~ against the City by Sherry Elliott for an alleged accident adj cent to the softbel1 field at Memorial Park. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan imously by those present to submit the claim to the City Attorney who wil report back to Council. The City Manager is to meet with the City Attorney regarding claims pro- cedure. 63. Claim against tae City by Ruth Doty for an alleged accident on De An Blvd. between LaConner Drive and Homestead Road. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan imous1) by those present to reject the claim filed by Ruth Doty and rec- ommend it be referred to the contractor. CC-I,69 Page 3 HC-5l,403.3 approved First reading scheduled Memorial Park Well bid re- j ecteJ Res. 3873.41 and 3873.42 adopted Claim to at- torne~' for repor~ Claims pro- cedures Doty claim rej ec ted ·' Cc&69 P.4 Appropriation for base station Con t inued Pet ty cash increased Promo t ':onal sale apprc-vec . Res, :'0. 5062 approved Car ryover of Capital Im- provements R!rred tù attorney ..... .. _.'Y ....-...~ HlNUTES OF THE AUGUST 7, 1979 CITY COUNCIL MEETING 65. Request for appropriation for the purchase of ràdio equipmant. It was moved by Counc. Sparks, se~onded by Counc. Rogers and pas.ed unan- imously by those ~resent to appropriate $3,199.26 from the general fund for purchase of a MICOR base station. 66. "An Ordinance of the City of Cupertino Amending the Cupertino Municipal Code Relating to l'ay- Ordinance No. 946: Section 2.24.020 of ment Procedure." It was moved by Counc. Rogers, seconded by Counc. Jackson and pasaed unanimously by those present to continue this item to the end of the m<!eting when !:ayor Meyers will be present. 67. Request to increase amount of petty cash fund. It was moved by Counc. Jackson, seconded by Counc. Spanks and passed unanimously by those present to increase the petty casl. fund to $150.00. 68. Request from Any Mountain, Ltd. for an outdoor sales promotional activity. I It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed I unanimously by those present to approve Any Mountain, Ltd. 's request ' for an outdoor sales promotional activity September 1 through September 4, 1979. ~ ¡ I; ¡' I' .' (Juring discussion of this item, Director of Planning and Development Sisk arr:l':ed and Associate Planner Piasecki left tl,e meeting.) 69, Resolution No. 5062: "A Resolution of the City Council of the City of Cupertino Approving Cupertino Water Utility Budget 1979-1980. I' I t was moved by Counc. Sparks. seconded by Counc. Jackson and passed ¡; unanimously by those present to adopt Resolution No. 5062. ~ i, r ! 70. Prior year Capital Improvement Appropriations. It was moved b:. Counc. Sparks, seconded by Counc. Jackson and passed unanimously by those present to approve the ~978-l979 Capital Improve- ments Project carryover for Memorial Park Well, Senior Citizens building, drainage gates, City Hall Basement modification, traffic signal at S.evens Creek/85, No. De Anza improvements, conversion of luminaires, traffic signal controller cabinet, Miller Ave./Phil Lane. This consists of all appropriation of $164,050, GF; $3,350, SDF; $10,950, GT; $82,100, HCD; $50,000 ElF. 71. Claim filed by Martin Paul Turner against the CiLY of Cupertino and various other entities for injuries resulting from an accident occurring in the vicinity of High..ay 9 and Bollinger Road. It was ~oved by Counc. Sparks, seconded by Counc. Jackson and passed ur.animously by those pT^sent to refer the matter to the City Attorney for a further report. . . . . . HINUTES OF THE AUGUST 7, 1979 CITY COUNCIL MEETING 72. Communication from Supervisor Dan McCorquodale urging a strong Count wide ordinance regulating the behavior and control of animals. It was moved by Counc. Sparks anð seèonded by Counc.Ro8er~: to file the communication. Hr. Scott Epperson expressed his support of a strong animal control ord- inance. After discussion, Counc. Rogers withdr~A her second. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously by tbDse present for the Code Enforcement Officer to forward a letter to Supervisor McCorquodale relayir~ Council's support for strong control of animals and for a uniform ordinance. He will also include any information regarding experiences with vicious dogs in the area. ORDINANCES 73. Second reading of Ordinance No. 943: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approxi mately One Gross Acre from Santa Clara County Rl-8 to City of Cupert 0 P Zone; Located at the Northeast Corner of Granada Avenue and Byrne Avenue. It It was mov~d by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously by those present to read Ordinance No. 943 by title only and the Hayor's reading to constitute the second reading. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously by those present to enact Ordi~ance No. 943. 74. Second reading of Ordinance No. 944: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 ~y ~ezoning Approxi- mately .6 Gross Acres from ML-rc to P Zone; Located on the Southwest Corner of Stevens Creek Boulevard and Bubb Road." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan imously by those present to ',ead Ordinance No. 944 by title only and the Mayor's reading to constitute the second reading. It was moved by Counc. Jackson, seconded by Counc. ~?arks and passed unan imously by those present to enact Ordinance No. 944. 75. Second reading of Ordinance No. 945: "An Ordinance of the Ci~;' of Cupertino Amending Section 11.12.030 of the Cupertino Hunicipal r.ode Relating to ::he Establishment of Prima Facie Speed Limits." It was moved by Counc. Rogers, seconded by Coune. Sparks and passed unan- imouslv to read Ordinance No. 945 by title only and the Mayor's reading to constitute the second readio~. It was ~oved by Counc. Rogers, seconded by Counc. Jac~~on and passed unan imously to enact Ordinance No. 945. ----~-,._._----_.__.._---~--.._----_._-- CC-469 Page 5 Communicatiolt filed Council's support of trong animal cor.trol Second reading of Ord. 941 Ord. No. 943 enacted Secord reading of Ord. 944 Ord. No. 944 enacted Second reading of Ord. 945 Ord. No. 945 enacted Cf-469 P.6 Program to be considered Three Oaks Park Regnart Can- yon banka . Cope building permit to be agendized First reading of Ord. 946 Executive Session Validation su it re boundary adjustment . . . MINUTES OF THE AUGUST 7, 1979 CITY COUNCIL MEETING STAFF REPORTS 2. Review of Planning Department Work. Program. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed UllatlildOuøly by those present to coneider the Planning Department Work Program at their meeting of August 20. RESOLUTIONS 76. None NON-AGENDA BUSINESS 77. Recognition by Mayor of special requests. (a) General Audience Mr. Scott Epperson addressed Council regarding Three Oaks Park. He requested it be left as open space. Mr. Epperson asked why grass was not used on the banks along the creek in Regnart Canyon. He was referreó to staff. (Mayor Heyers arrived.) It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously that a request from Mr. and Mrs. Ronald Cope for a building permit be agendized for a future meeting. (b) City Council - None NEW BUSINESS (continued) 66. It was moved by Counc. Heyers, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 946 by title only and the Mayor's reading to constitute the first reading. Hayor Pro-Tempore O'Keefe adjourr:ed the meeting at 9:10 p.m. to an Exel"\- tive Session. Upon reconvening in Chamber at 9:30 p.m., it was moved by Counc. Sparks, seconded by Coune. Rogers and passed unanimously for the City Attorney to file a validation suit regarding the area annexed in the San Jose/ Cupertino Boundary Reorganization. At 9:32 ~.m., the meeting was adjourned to August 20, 1979. žc ~ ¡ " /' :~ /:£~ City erk ~ -~-~-----_._~-~-_._._~.._--_.._--------_..._---,---,-