CC 08-21-79
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF TBE ADJOURNED REGULAR MEETING OF TBE CITY COUNCIL
HELD ON AUGUST 21, 1979 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
Mayor Meyers called the meeting to order at 7:30 p.m. in the Council
Chamber of City Hall.
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Financ2 Snyder
Assistant Planning Director ~an
Assistant City Engineer Whitten
City Attorney Adams
PLANNING APPLICATIONS
42. Applications l4-TK-i9 and ll-U-79 of Martin-Hayes, Inc.: Tentattve
Map to subdivide one parcel consisting of approximately one acr~ in-
to five parcels and ace lot to be held in common ownership; Use
Permit to construct five single-family cluster homes and Environ-
meuta1 Revi...: The Planning Commission recolIIDends the granting of
a Negative Declaration. Said property is located at the northeast
corner of Foothill Boulevard and McClellan Road. Recommended for
approval.
Russ Hayes of Martin-Hayes, Inc. addressed Council regarding the proposed
development. Council discussed change of wording for the condition per-
taining to modification of the approved development plan or a bU11ding
permit. The City Attorney informed Council that the basic ordinance re-
garding the appeal process would require modification.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to grant a Negative Declaration for the applications.
It was moved by Counc. Jackson, seconded by Counc. Rogen, and passed unan
imously that a minute order be sent ta the Architectural and Site Approva
Committee that they pay particular attention regarding the fence along
the north side of the project for visual and sound attenuation between
the proposed development and a neighborhood lounge located in the immedi-
ate vicinity.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to approve the tentative map application as per Planning Com-
mission Resolution No. 1969 with the Recond sentence of Condition No. 15
beIng removed.
It was moved by Counc. Jackson. seconded by Counc. Rogers and p~ss~d unan
imously to approve the use permit as per Planning Commission Resolution
No. 1970 with Condition No. 15 being amended to include the sentence,
CC-471
Pase 1
Negative Dec.
granted
Minutes Order
re visual and
sound attenua-
tion
l4-TM-79
approved as
amend ed
ll-U-79
approved as
amended
;
.
CC-471
Page 2
Appeal process
ord. referred
to Ci ty Atty.
HC- 51,473.1
a.ved
HC-51.088.l9
approved
Change in
payroll res-
olut ion
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HINUTES OF THE AUGUST 21, 1979 CITY COUNCIL MEETING
"The configuration of Lot No. 3 shall be revised to accommod.ste a houae
plan which orients the drivsay to McClellan Road" and Condition No. 17,
last paragraph, to include the sentence "Further, any memLer of the City
Council may request a hearing before the Council, such request to be
made within ten days from date of approval when the change had been ap-
proved by the Planning COIIIIIission." Also in the last paragraph of
Condition No. 17, change the word "project" to read "change".
By consensus, the ordinance regarding the appeal process was referred
to the City Attorney for revision.
ITEMS REMOVED noM TBE CONSENT CALENDAR
29. Application HC-51,473.l - J. Guy Farthing requesting approval of
site, architecture, landscaping and lighting for 8 single-family
lots cluster and one lot to be held in common ownership. Said
property is located at the southwest corner of Homestead Road and
Lucky Oak Court, adjacent to and westerly of Stevens Creek. Recom-
mended for approval.
It was moved by Counc. O'Keefe, seconded by Counc. Jackson and passed
unanimously to approve Application HC-51,473.1.
30. Application HC-5l,088.19 - Hassan Amer requesting approval of archi-
t~cture, site and landscaping for a proposed commercial/office
building consisting of approximately 10,900 sq. ft. Said property
is located at the southwest corner of Stevens Creek Bryu1evard and
Bubb Road. Recommended for approval.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to approve Application HC-51,088.l9.
10. It was moved by Counc. Sparks, seconded by Counc. Meyers and passed
with Councilmembers Jackson and O'Keefe dissenting that rather than
the present payroll resolution, the Council will receive for approval
a listing of inclusive warrant numbers and total figures. Also included
will be a list showing the check number of those voided.
UNFINISHED BUSINESS
45. Application 9-TK-79 of Hartin Hall/James Boghosian: Tentative Hap
to modify property lines for three existing parcels consisting of
a total of approximately .8 of an acre. No new lots are being
created. Individual modified parcels will consist of approximately
10,000 sq. ft. each; and Environmental Review: The Environmental
Review Committee recommends the granting of a Negative Declaration.
Said property is located at the southwesterly terminus of Hiramonte
Road approximately 350 ft. easterly of Stevens Canyon Road in an
RI-IO zoning district. Recommended for approval. (CoûtInued from
meeting of August 7, 1979.)
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MINUTES OF THE AUGUST 21, 1979 CITY COUNCIL MEETING
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and paaaed
with Counc. ~~~dissenting to approve Application 9-TK-79 as per
Planning Commission Resolution No. 1950 amending Condition No. 18 to
delete the second paragraph and require 30 foot width curb to curb,
curbs and gutters but not aidewalks.
It was IIIOVed by Counc. Sparlta, aeconded by Counc. Jackson and paased una
imously to grant the Negative Declaration.
46. Report from Public Safety Commiøaion Chairman regarding propoaed
false alarm ordinance.
Robert runza1es, Chairman of the Public Safety Commission, requeeted that
Counc~1 set a public hearing for the proposed false burglary alarm ord-
inance. The first sentence, Section 10.26.090 of the proposed ordinance
was levised to eliminate the word "through".
It was ,,,>VP:! by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to set the public hearing for September 17, 1979.
47. Claim against the City by Sherry Elliott for an alleged accident
adjacent to the softball field at Memoridl Park.
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It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to deny the claim.
48. Claim filed by Martin Paul Turner against the City of Cupertino and
various other entities for injuries resulting from an accident
occurring in the vicinity of Highway 9 and Bollinger Road.
It was moved by COline. Sparka, seconded by Counc. Rogers and passed unan-
imously to deny the claim.
NEI~ BUSINESS
49. Protest of issuance of building permit for construction of a private
residence on Clarkston Street.
City Attorney Adams pointed out to Council that the Building Official has
no discretion of issuance of building permits. If the proposed
building is in accordance with the City's ordinanc", it is correct to
issue the permit. He advised Council that they take no action.
Counc. O'Keefe requested that Section 10.1 cf Ordinance No. 780 be re-
written in that two stories not be permitted on flag lots. The ambiguity
of the wording of that section was discussed.
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City Attorney Adams again advised that Council take no action and stated
that the issuance of the building permit was a ~inisterial act and the
law was correctly applied.
Steve Irving, 21594 Castle ton St., stated that five families are being
affected by the building of this home primarily caused b:' the orientation
of the house and the fact that it is ueing built on a knoll. He ques-
tioned how far .he foundation was from the lot line and requested that
should the application for a variance be filed that he be notified.
CC-471
Page 3
9-TK-79
approved as
e..ended
Negative Dec.
grante<i
Burg1a\'}' alarm
ord. amended
Public hearing
set
~l1iott claim
denied
Turner claim
denied
Advice of
At torney
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C!t71
Page 4
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No action
Ord. No. 780
referred to
Planning Com.
for revision
Cooperation
among property
owners urged
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MINUTES OF THE AUGUST 21, 1979 CITY COUNCIL MEETING
Mr. Mike Masuda, 21607 Flintshire St., spoke in protest of the multilevel
building and questioned how far it was from the lot line. Another issue
was the building's orientation.
City Attorney Adams stated his belief that should the Council revoke
the building permit, the court would order that building proceed.
D. V. K. Murthy, 21584 Castleton, expreøsed his opinion that it was
the responsibility of the City to not just follow an ordinance but
to consider whether or not an act is "right". He also said that be felt
it was necessary to look after the interests of the community as a whole.
Barry Scott, 22093 Baxley Court, an owner of the property on wbich the
home is being built, reviewed the building with Council and stated that
the building is well within the setbacks. He expressed willingness to
change some design and tbat he was willing to do some landscaping in
neighbor yards for alleviation of visual intrusion. He said he felt he
could also speak for Mr. Whaley, one of the other owners. Council dis-
cussed the need to revise Ordinance No. 780.
Lynn Irving, 21594 Castlèton ~t., a neighbor, stated that from her lot
the main problem seemed to be the angle at which the building is being
construc~ed. She suggested that Council visit the site to receive the
full impact.
Counc. O'Keefe stated that he would visit the site but the decision of
this problem rests on a legal decision.
Discussion followed regarding whether or not the building is two stories
or three stories. Assistant Planni1g Director Cowan stated that it is
within the two story limit but the terrain of the lot makes the building
high.
It was moved by Counc. O'K~efe, seconded by Counc. Jackson and passed
unanimous17 to follow the City Attorney's recommendation and take no
action.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously that Ordinance No. 780 be referred to the Planning Com-
mission for revision of Section 10.1. Other issues to be considered
during revision of this ordinance would be building height and orientation.
It was moved by Counc. Jackson, se~onded by Counc. O'Keefe and passeJ
unanimously to urge property owners of the lot being developed to cooperate
with surrounding property owners regarding visual and privacy intrusions
and that Mr. Scott and Mr. Whaley meet with those concerned regarding
landscaping in their yards.
50. Consideration of membership in the National League of Cities.
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MINUTES OF THE AUGUST 21, 1979 CITY COUNCIL MEETING
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously for the City to become a member of the National League of
Cities and authorize $468 membership fees.
51. Resolution No. 5084: "A Resolution of the City Council of the City
of Cupertino Setting Tax Rate for Fiscal Ye-'!~ 1979-1980."
It was moved by Counc. Jacksoø, seconded by Counc. Rogers and passed un~
imous1y to adopt Resolution No. 5084 as revised. The tax rate for the
City Hall Bonds was set at $0.012 and the Park Bonds at $0.029.
52. Request from Mr. and Mrs. Ronald Cope for a building permit.
Council accepted Mr. and Mrs. Cope's letter for filing.
CITY CLERK'S NOTE: Counc. O'Keefe left the Council Chamber.
WRITTEN COMMUNICATIONS
53. None
ORDINANCES
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54. Second reading of Ordinance No. 941: "An Ordinance of the City of
Cupertino Amending Section 11.16.030 of the Cupertino Municipal
Code Relating to Designation of Through Streets or Highways."
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan
imously by those present to read'Ordinanèe No. 941 by title only and the
Mayor's reading to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by tJ~se present to enact Ordinance No. 941.
55. Se~ond reading of Ordinance No. 942: "An Ordinance of the City of
Cupertino Amending Section 11.20.030 of the Cupertino Municipal
Code Relating to All Directional Vehicular Stop Required at Certain
Intersections."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by those present to read Ordinance No. 942 by title only and the
Mayor's reading to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by those present to enact Ordinance No. 942.
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56. Second reading of Ordinance No. 946: "An Ordinance of the City of
Cupertino Amending Section 2.24.020 of the Cupertino Hunicipal Code
Relating to Payment Procedure."
It was moved by Counc. Jackson. seconded by Counc. Rogers and passed unan
imously by thos~ present to read Ordinance No. 946 by title only and the
Mayor's reading to constitute the second reading.
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CC-471
Page 5
Membership in
National Leagu.
of CiUes
Res. No. 5085
adopted as
revised
Second reading
of Ord. 941
Ord. No. 941
enacted
Second reading
of Ord. 942
Ord. No. 9<+ 2
enacted
Second rl'ad ing
of Urd. 946
"
CA1
Page 6.
Ord. No. 946
I'nacted
Second reading
of Ord. 948
Ord. No. 948
enacted
Second reading
O.d. 949
Ord. No. 949
enacted
Second read ing
of Ord. 950
Ord. No. 950
enacted
R_NO.
adopted
5985
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MINUTES OF THE AUGUST 21, 1979 CITY COUNCIL MEETING
It was moved by Counc. Jackson, seconded by Counc. Rogers and pasøed
unanimously by those present to enact Ordinance No. 946.
57. Second reading of Ordinance No. 948: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately
1.3 Gross A~re8 from ML to RlC; Located on the Southeast Corner of
Homestead Road and Lucky Oak Court Adjacent to and Westerly of th~
Stevens Creek Watercourse."
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously by those present to read Ordinance No. 948 by title only
and the Mayor's reading to constitute the second reading.
It was moved by COUDC. Rogers, seconded by Counc. Jackson and passed
unanimously by those present to enact Ordinance No. 948.
ss. Second reading of. Ordinance No. 949: '''An Ordinance of' the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Ap-
proximately One Acre from R2-4.25 to P; Located at the Northeast
Corner of Foothill Boulevard and McClellan Road."
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously by those present to read Ordinance No. 949 by title only and
the Mayor's reading to constitute the second reading.
It was mov.,d by Counc. Rogers, seconded by Counc. Jackson and passed
unaimous1y by those present to enact Ordinance No. 949.
CITY CLERK'S NOTE: Counc. O'Keefe returned to Council Chamber.
59. Second reading of Ordinance No. 950: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi-
mately 3.8 Gross Acres from P Zone to P Zone; Located on the South-
,-est Corner of North De Anza Boulevard and Launeo Drive."
It was moved by CO'JDC. Jackson, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 950 by title only and the Mayor's
reading to constitute the second reading.
It was moved by Counc. Jackson. seconded by Counc. Rogers and passed
unanimously to enact Ordinance ~o. 950.
RESOLUTIONS
60. Resolution No. 5085: "A Resolution of the City Council of the City
of Cupertino Amending Section 8 of Resolution No. 4413 Relating
to the Retainer of the City Attorney."
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to adopt Resolution No. 5085.
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!!INUTES OF TiJE AUGUST 21, 1979 CITY COUNCIL MEETING
NON-AGENDA BUSINESS
61. Recognition by Kayor of special requests.
(a) General Audience - None
(b) City Council
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to adopt Resolution No. 5100, "A Resolution of the City Council of
the City of Cupertino Accepting Quit Claim from the City of San Jose for
the Property Known a. Three Oaks Park"; subject to verification of legal
descriptions by the Public Works Department.
Hunicipal Organization Act of 1977 - It was .oved by Counc. Ro,ers, sec-
onded by COIJDc. Sparks and passed unanimously that staff ,,~¡¡ a statement
of intent to LAFCO regarding island annexation schedule. Staff will
initiate island annexation proceedings and Council will make a de~ision
on each island baaed on its own merits.
It was moved by Counc. Rogers, s1!conded
imously to take the following action on
lative Review Committee:
by Counc. Sparks and passed unan-
the recommendations of the Legis-
Oppose
SuppOrt
AB 759
AB 699
AB 1274
SB 462
SCR 39
AB 677
AB8
AB 900
AB 859
SB 489
SB 675
SB 412 & SCA 16
SCA 26
AB 66
Council directed staff to agendize Hr. Jackson's letter re energy program
for the next staff meeting, and to send copies or the letter forwa~ded
to Jack Ybarra previously to Mardi Gualtieri.
Staff was directed to investigate possible energy saving pr~~rams.
At 10:45 p.m., the meeting was adjourned to Tuesday, September 4, 1979.
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CC-471
Page 7
R... No. 5100
adopted
Island annexa-
tions to be
initiated
LRC actions
Energy program