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CC 06-20-79 ~ e·,. CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF TBE REGULAR MEETING OF TBE CITY COUNCIL HELD ON AUGUST 20, 1979, IN THE CONFERENCE ROOM, CITY HALL CUPERTINO, CALIFORNIA Mayor Heyers called the meeting to order at 6:35 p.m. in the Conferenc~ Room at City Hall. ROLL CAli Counc. Present: Jackson, O'Keefe, Rogers, Sparks, May";, Meyers Staff Present: Acting City Manager Butler City Clerk Cornelius Assistant City Engineer Whitten Director of Finance Sn:¡der Assistant Planning Director Cowan Assistant City Attorney Kilian STAFF REPORTS 1. Oral reports by staff members and submission of written reports. . City HanaRer'a Report It was moved by Counc. Sparks, seconded by Counc. Rogers and passed un~n- imcusly to approve the SG-1A pruposed telephone system including authoriza tion of requested funds in the amount of $8,320 for installation, increase monthly charge and purchase of two automatic dialing instruments and a headset for the receptionist. Council accepted the staff report regarding the Catholic Sccia1 Service Agency's request for funds. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to authorize the Mayor to contact the Public Utilities Commission expressing their recommendat~on that all carriers (limousines) licensed by the State have a booth available at the San Francisco Airport. 2. Review of Planniag Department work program. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unaa- imously that staff submit a list identifying program items with a narrow focus that could possibly be developed by an outside consultant or a college intern. Council requested staff also concentrate on completion of Highway 85. There was general agreement with the list submitted. I At 7:20 p.m., City Hanager Quinlan arrived. COUNCIL REPORTS CC-4 70, Page 1 Telephone system approved Limousine booths at airport List of pro- grall1S for con- sultant Counc. O'Keefe gave a brief report regarding his trip to Toyokawa and Toyokawa trip stated that h~ will present slides at a later date. Six students and two teachers from Toyokawa will be visiting Cupertino in September. ceo PaT!/! i' i'hoto display for Copertino . Items removed Consent Cal- endar appr-:.. èd e ·"'-'-1'· -·"';"1J-::'1""~~-"'-:~-ó;p'f· ~,\~ HINUTES OF THE AUGUST 20, 1979 CITY COUNCIL MEETING Linda Sharman, Vice President, Cupertino Historical Society, presented a photographic display prepared for presentation to Copertino. Italy. The City will prepare a letter to be sent with the photographs. The Council expressed its intention that the City reimburse monies expended by Mrs. Sharman. The meeting was adjourned at 7:32 p.lII. At 7:40 p.m., Mayor Meyers reconvened the meeting in the CounciJ Chamber. SALUTE TO THE FLAG ROLL CALL Counc. Prasent: Jackson, O'Keefe, Rogers, Sparks, Mayor Heyers Staff Present: City Manager Quinlan Director of Parks and Recreation Butler City Clerk Cornelius Assistant City Engineer Whitten Director of Finance Snyder Assistant Plannir.g Director Cowan Assistant City Attorney Kilian CONSENT CALENDAR Counc. O'Keefe requested that Items 29, 30 and 31 be removed from the Consent Calendar. At the request of Counc. Sparks, Item 10 was removed. It was moved by ColIne. Sparks, seconded by Counc. Rogers and passed unan- imously to approve the balance of the Consent Calendar. 8, Resolution No. 5080: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for General anrl Hiscellaneous Expenditures for the Period Ending August 6, 1979." 9, Resolution No. 5083: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for General and Hiscellsneous Expenditures for the Period Ending August 13, 1979." 10. Remove 1. Resolution No. 5086: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Contract between the City of Cupertino and the Santa Clara Valley Water District for a Supply of Treated Wate!".1f 2. Resolution No. 5087: "A ResolutIon Gf the City Council of the City of Cupertino Approving Contract Change Order No. 3 for Senior Citizen Center, Project 79-3, Contract No.7, Electr:f.cal.1I ·,. . ., HINUTES OF THE AUGUST 20, 1979 CITY COUNCIL MEETING CC-470 Page 3 13. Resolution No. 5088: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for North De An.. Boulevard Improvements Project 79-18." 14. Resolution No. 5089: "A Resolution of the City Council of the CitY of Cupertino Approving Contract Change Order No. 1 for Senior Citizen Center, Project 79-3, Contract No.4, Plumbing." 15. Resolution No. 5090: "A Resolution of the City Council of the City 0 Cupertino Approving Contrsct Change Order No. 3 for Senior Citizen Center, Project 79-3, Contract No.5, Heating, Ventilation, Air Conditioning and Sheet Meta1." 16. Resolution No. 5091: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Indenture becween the City and Southern Pacific Transportation Company Providing for the Installa- tion, Maintenance and Operation of Storm Drain Facility on Southern Pacific Property in Monta Vista." 17. Resolution No. 5092: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement between the City and BAS Homes, Inc. for Signal Work on Foothill Boulevard at Salem Avenue. ' 18. Resolution No. 5096: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement with City of San Jose for the Lease of Property Known as Jollyman Park." 19. Resolution No. 5097: "A Resolution of the City Council of the City of Cupertino Accepting Grant Deed of Real Property for Easement for Road Purposes and for the Installation and Maintenance of Public Utilities from Richard H. Childress, et aI, Regnart Road." 20. Resolution No. 5098: "A Resolution of the City Council of the City of Cupertino Accepting Grant Deed of Real Property for Easement for Road Purposes and for the Installation and Maintenance of Public Utilities, from Genevieve W. Zarevich, Regnart Road." 21. Resolution No. 5093: "A Resolution of the City Council of the City of Cupertino Approving the Final Map and Improvement Plans of Tract No. 6401 Located along Lindy Lane; Developer, Alan G. Lambert; Ac- cepting Certain Easements; Authorizing Signing of Final Map and Im- provement Plans: Authorizing the Execution of Agreement in Connection Therewith." 2::. Resolution No. 5094: "A Resolution of the City Council of the City of Cupertino Declaring its Intention to Order Vacation of a Portion of Stevens Creek Boulevard at Ridgeway Drive; Reserving Development Right and Retaining Public Utilities Easement as Provided in Section 8320 Et Seq. of the Streets and Highways Code of the State of California, Fixing Time and Place for Public Hearing and Providing for Notice Thereof. " C.Q. P~ 4 . . MINUTES OF THE AUGUST 20, 197'1 CITY COUNCIL MEETING 23. Resolution No. 5099: "A Resolution of the City Council of the City of Cupertino Declaring its Intention to Order Vacation of a Storm Drain Essement within the City of Cupertino Pursuant to Section 50430 Et Seq. ~f the Government Code of the State of California, Fixing Time and Place for Hearing and Providing for Notice Thereof; Located at Stevens Creek 6ou1evard and Ridgeway Drive, Tract No. 6499." 24. Ruo1ution No. 5095: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for ßandley Storm Drain Project 79-17." 25. Acceptance of City projects performed under contract: (a) Bandley Storm Drain Project 79-17. (b) Corporation Yard Driveway Installation ProjeLt 79-19. 26. Waiver of business license fee for American National Volleyball Association. 27. Waiver of business license fee for Cystic Fibrosis Foundation, Sep- tember 21 through September 30, 1979. 28. Application HC-5l,015.l7 - Project Coordinators (Marie Ca1lendar Pies) requesting a,proval of site, &rchitecture and landscaping for a proposed kitchen facilities expansion consisting of approxi- mately 2,000 sq. ft. for an existing free-standing restaurant. Said property is situated on the south side of Stevens Creek Boulevard, adjacent to and westerly of the Cupertino Crossroads Center. Recom- mended for approval. 29. Removed 30. Removed 31. Removed 32. Minutes of regular City Council meeting of August 6. 1979. (CC-468) 33. Hinutes of adjourned regular City Council meeting of August 7, 1979. (CC-469) Vo te Members of the Ci ty Council AYES: NOES: ABSENT: ABSTAIN: Jackson, O·Keefe, Rogers, Sparks, ~teyers None None None I þ , HINUTES OF THE AUGUST 2Q, 1979 CITY COUNCIL MEETING ORAL COMMUNICATIONS 34 . None PUBLIC HEARINGS 35. Mr. Fred Jt..rtz regarding abatement notices for vehicles and possible public nuisance. Hr. Fred Kurtz stated that he was willing to r2ØOVe the one inoperabl~ car parked in his driveway and that he has been cleaning up oil spills around his home. Mr. Rudy Salci, 20141 Apple Tree Lane, showed slides he had taken ovar a two-year period of cars parked in and around the r.~rtz property and also automobile parts and debris in the Kurtz yard. Mr. Harvin Marshall, 20130 Apple Tree Lane, stated that he has been unable to sell his home because of the appearance of Hr. Kurtz's cars in the neighborhood. Juanita Hildebrand expressed her concern regarding Mr. Kurtz's cars parked so close to the corner that a driver cannot see oncúming traffic. þ ARsistant City Attorney Kilian stated that he felt there was at least one violation of the vehicle ordinance. He recommended that Council stay enforcement of that ordinance over a two week period to give Mr. Kurtz an opportunity to make the vehicle operative. Should Mr. Kurtz not comply the Code Enforcement Officer could cite him or the City Attorney's office could take action at that time. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan- imously to find Mr. Fred Kurtz in violation of the inoperable vehicle ordinance on one count (blue Triumph, license l59EUJ). If the vehicle is not operable within a period of two weeks, the City Attorney was authorize to take appropriate action. Ifr. Kurtz stated that he is willing to present a better appearance and is willing to be responsive to the neighbors. He further stated that he will reduce cars in public view to six, keep them operable and clean up his back yard. At 8:35 p.m., Council adjourned to Executive Session to discuss possible litigation. At 8:45 p.m., Council reconvened in the Chamber. CC-470 Page 5 Recommendation of City At to~- ney Kurtz in viola· tion of ord. Execu t ive Session þ It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unan- Public nuisance imously to authorize the City Attorney to file suit against Mr. Kurtz re- declared questing that a public nuisance be declared. ·4'0 Page 6 . Public hearing closed Amendments First reading .d. 812 MINUTES OF THE AUGUST 20, 1979 CITY COUNCIL MEETING Mr. Kurtz stated that he wished there had been better c_nication between the City, his neighbors and hdlself. The Assistant City Attomey stIlted that the fi1iag of the suit did not preclude settlement by _tual al~~eat. 36. City of Cupertino: An ordinance prohibiting certain types of con- struction on Saturdays, Sunday, and Holidays and during certain bouts on weekdays and Environmental Review: The project is categorically exempt, hence no action is required. Recommended for denial. (a) Ordinance No. 812: "An Ordinó1Dce of the City of Cupertino Adding Chapter 10.46 to the Cupertino Municipal Code to Pro- hibit Certain Types of Construction on Saturdaye, Sundays and Holidays, and During Certain Hours on Weekdays." Scott Epperson, 11411 Bubb Road, requested that Ordinance No. 812 be enacted. Jo-Ann Gholson, 22125 Regnart Road, also requested enactment of the ordinance. Art Rouser, Rainbow Drive, a contractor, said that as a small contractor he does have to do some work on weekends. He stated that most big jobs are closed. Walter Ward, Va1lco Park, stated support for a comprehensive noise ordinance. He felt that repair work should be excluded. Dorothy Wright, 22303 Regnart Road, felt that a noise ordinance should address heavy equipment and that perhaps restrictions on tentative maps would be the answer. It was moved by COUDC. Sparks, sec~nded by Counc. O'Keefe and passed unanimously to close the public hearing. It was moved by Counc. ~parks, seconded by Counc. O'Keefe and passed unanimously to omit the words "and any framing, roofing or foundation work including excavation for any structure" in paragraph C, Section 10.46.020, to revise Section 10.46.040 to read, "weekdays between the hours of 8 p.m. and 7 a. m.", and to eliminate Saturday from the res trictions. ~ It was moved by Counc. Jackson and seconded by Counc. O'Keefe to amend ì the original motion to include Saturday in th" ordinance. The amendment ,'was approved with Councilmembers Sparks and Meyers dissenting. i The original motion as amended was :cpproved with Councilmembers Sparks and ¡MeyerS dissenting. lIt was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 812 by title only and the Mayor's reading I to constitute the :irst reading. The City Clerk was directed to notify Mr. Mike Walton. Hanager, Associated General Contractors of Santa Clara County, that he may address Council at tL~ second reading of the ordinance. þ . MINUTES OF THE AUGUST 20, 1979 CITY COUNCIL MEETING 9:30 - 9:40 p.m. - Recess 37. Application S-Z-79 of Charles & Shirley Snyder: Re.onill& approxi- ..tely .7 gra.. acres from Al-43 (Agricultural Residential 43,000 sq. ft. minillum Jot size) to at-IC (ReøidenUal, single-family, 10,000 sq. ft. 1I1n~ lot size) aDd Environmental Rwi..: The En- vironmental Review Committee recomaenda the granting of a Negative Declaration. S.H property ia located at the terainua of Mount Crest Place. R._ended for denial. (Thia application 18 to be heard in conjunction with Application 6-TH-79.) (a) FIrst reading of Ordinance No. 947: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately .7 Gross Acres from Al-43 to at-l0; Located at the Terminus of Mount Cres t Place." PLANNING APPLICA1'IONS 41. Application 6-TH-79 of Charles & Shirley Snyder: Tentative Map to subdivide approximately .7 of an acre into two parcelø equaling approximately 15,000 sq. ft. each and Environmental Rwiew: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located at the terminus of Mount Crest Place. Recommended for denial. (This application is to be Þ heard in conjunction with Application S-Z-79.) Charles and Shirley Snyder. 11244 Mt. Crest Place, addressed Council re- garding a correction they wished to make to the staff report and requeste clarification of finding No. 2 of Planning Commission Resolution 1949. Mr. Robert Donnelly, 7551 Normandy Way, expressed his desire tha~ Council not approve the application. James MacDonald, 11255 Mt. Crest Place, stated that the Snyder applica- tion ~hould stand on its own merits. Dennis Taboojian, 21981 Lindy Lane, stated that he would like the appli- cation approved. He questioned the City's procedure regarding notifica- tion on public hearings. Juanita HcLaren, 22101 Lindy Lane, addressed Council regarding the ap?li- cation. She stated that she believed Council should deny the applicatio Ernest Rob1e~, 11215 Mt. Crest Place, spoke in support of the Snyder's application. Discussion followed regarding access to the area of the propose~ rezoning þ It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed with Counc. Sparks dissenting to deny Application 5-Z-79. Council re- quested that the property owners in the area meet and try to develop a CC-470 Page 7 hearing denied I ·7Q Page 8 . , Public hearing I closed I ¡ Measure to remain on Yber ballot MINUTES OF TBE AUGUST 20, 1979 CITY COUN::IL MEETING comprehensive plan. Assistant City Attorney Kilian pointed out that since the rezoning spplication had been denied, the tentative Mp could not be approved. PUBLIC HEARINGS (continued) 38. Consideration of a ballot measure for sale of a portion of Three Oaks Park. The City Manager presented a brief summary of the City's neighborhood park plan. Kathryn Donahue, 7549 Rainbow Drive, reviewed her written auggestioDB dated August 6, 1979. Carmen Takamoto, 1161 Crest1ine Drive, asked Council why people in the area were not informed regarding sale of ... portion of Three Oaks prior to annexa- tion. The City Manager answered that it had been mentioned in meetings held although no' official notice was sent out. The Assistant City Attorney said that it was reasonable that people along the park could also have an opportunity to purchase. Ms. Takamoto's other questions concerned parking and where the money for develop!llent and maintenance would come from if the park land were not sold. She felt that this had come up too short of a time after being annexed and requested that th~ City wait until the April election t~ vote on this matter. Mr. Stan Fark, 7592 Ho11anderry on thp. ballot and suggested that of the houses. expressed support of the measure being the park be developed prior to the building òarry Scott, 22093 Baxley Court. questioned staff and Council regarding the plan and tentative time table of the development. Scott Epperson, 11411 Bubb Road, expressed the opinion that property owners should have right of first option. JOhD Wanlass, 1210 RlJpp~ll, stated that the majority of the people in the area seem to want the park developed. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed with Counc. O'Keefe absent to close the public hearing. Discussion ensued regarding what the impact would be should the measure be on the April ballot rather than the November ballot. It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unanimously to leave the proposed measure pertaining to the sale of a portion of Three Oaks Park on the November ballot. . MINUTES OF TBE AUGUST 20, 1979 CrT. COUNCIL MEETING CC-470 Page 9 39. Consideration of an ordinance pertaining to drug paraphernalia. (a) First reading of Ordinance No. 951: "An Ordinance of the City of ClrpertiDo Adding Chapter 10.70 to Title 10 of the Cupertino Municipal Code Concerning !xblbitlon of ~~ug Paraphernalia to Minors, and Finding aDd Declaring the Public Nuisance Thereof." Walter Ward, Vall co Park, spoke in support of the proposed ordinance. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed una imously to close the public hearing. Public hearin~ closed It was moved by Counc. Jackson, seconded by Counc. Rogers and passed una~ imous1y to read Ordinance No. 951 by title only and the Mayor's reading to constitute the first reading. First reading of Ord. 951 PLANNING APPLICATIONS (continued) . 40. Applications 16-TM-79 and 13-U-79 of ~teveDB Creek Office Center Associates: Tentative Map to subdivide one parcel consisting of ap- proximately 6.4 acres into two parcels equaling .8 of an acre and 5. acres; Use Permit to construct three office buildings consist~ag of approximately 31,400 sq. ft. and Environmental Review: The En- vironmental Review Committee recommends the granting of a Negative Declaration. Sóid property is located on the north side of Stevens Creek Boulevard approximately 500 ft. westerly of Saich Way. Rec- ommended for approval. John Volkman, owner, Stevens Creek Office Center Associates, requested ~h~t there not be a reciprocal ingress/egress with the Magic Wok. There will be walkways for pedestrian access between the areas. He submitted photographs of views of Key Chevrolet taken from various angles along Stevens Creek Boulevard. J. Barksdale, 1900 Embarcadero, Palo Alto, ar~hJtect, reviewed the plans with Council. Mr. Paul Weiss, 20955 Stevens Creek Boulevard, owner ~f Key Chevrolet, requested that Council require a larger setbac~ for the proposed office building. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed una imously to grant Negative Declarations for the applications. Dec. It was moved by Counc. Jackson, seconded by Counc. Rogers and paased unanimously to approve the tentative map as per Planning Conunission Res- olution No. 1960 with the elimination of Condition 17 which required re- ciprocal ingress/egress with Magic Wok. as " It was moved by Counc. Rogers, seconded by Counc. Jackson and passed imous1y to approve the use permit per Planning Commission Resolution No. 1961 with Condition No. 18 "mended to show a minimum front setback of 30 feet measu.ed from the property line. Condition 17 requirIng reciprocal ingress/egress with the Magic Wok was also deleted. as A-Q P1r" I 10 HC-51,375.2 approved . No. 5081 adopted " MINUTES OF THE AUGUST 20, 1')79 CITY COUNCIL MEETDIG ARCBITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 43. None ITEMS REIÐVID nœ THE CONSENT CALENDAR 31. Application HC-51,375.2 - Nicholas Papageoratou requesting approval of site, architecture, lighting and 1andscap1aC for a c~rcial/ office building consisting of appr"::!'.II8tely 3.000 sq. ft. Said property is situated on the DOrth side of Alves Drive, easterly of Bandley Drive. Mr. Papageorgiou informed Council that the amount of landscaping for the development haø been increased. It was moved by Counc. O'Keefe. seconded by Counc. Sparks and paBSed unanimously to approve the application. 10. Resolution No. 5081: "A Resolution of the Cicy Council d the City of Cupertino Allowing Certain Claims and D "~. Psyable in the Amounts and from the Funds as Hereinafter Described for Salaries .\nd Wages for the Payroll Period ~nding AuguÐt 14, 1979." It was III:>ved by Counc. Rogers, secO:lded by COU1lC. .Jackson and passed unanimously to adopt Resolution No. 5081. l'he coacept of a payroll resolution will be discussed at the adjourned regular meeting of August 21, 1979. At 12:45 a.m., the Mayor adjourned the meeting to 7:30 p.m., August 21, 1979. ~ -tt¡ ~ - City lerk æð.· -...