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CC 05-05-80 ~-'-:':-:."''>~ ,'~" þ CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 KntuuS 0,. TIlE REGULAR MBlTING OF THE CITY COUNCIL HELD Oft MAY 5, 1980 II THE COnl'l\K£NCE ROOM, CITY HALL \;urtlt'rIRO, CALIFORNIA ROLL CALL Counc. Present: Gatto, Plungy, Rogera, Sparks (7:05 p...), Mayor O'Keef Staff Present: City Manager Quinlan City Clerk Corneliua Director of Public Works Viskovich Director nf Planning and Development Sisk Director of Parks and Recreation Butler AdaiDi~trative Services Officer Brown CDJIG Coordinator Hendee STAFF REPORTS I. Oral reports by etaff members and submission of written reports. City Manager's Report þ Santa Clara Valley Water Commission - Staff will provide information re- garding the City'a position on a proposed increase for representative Sparks prior to the C~ssion's meeting of Thursday, May 15, 1980. It was moved by COImC. Gatto, seconeled by Counc. Rogers and passed l..'Dan- imously to adopt Resolution No. 5286 allowing under certain conditions consumption of certain alcoholic beverages in public parks. By consensus, the Director of Parks and Recreation was authorized to arrange for the fireworks display for the Fourth of July with the ex- penditure not to exceed $4,500. The following actions were taken regarding reco~ndations of the Leg- islative Review CODBittee: Support Oppose No Position 58 1972 SB 462 AI! 3213 AB 3157 sa 1842 AB 3080 SI' 1683 SB 1960 SB 1723 AB 2674 AB 2461 AB 1387 AB 2549 SB 1600 (unless amendEd) , AB 2698 with amendments was referred to Planning. AB 2464 and AB 2876 were referred to staff for review. The City Clerk will obtain a copy of AB 2432 for review. CC-498 Page I Proposed water increase Res. No. 5286 adopted 4th of July fireworks Legislative Review COI!DD. CC-498 ~2 Change in meeting time . ~ , '," '~"'''''~'~~'''''¡ì'-~'''.I;!'it'III{'',r",\'~'' , --:.~:'~r.;;~:~,::,.: _~ ~,': :·::~(:··"-·.?2'.' " . MINUTES OF THE MAY 5, 1980 CITY COU5CIL MEETIIIG City Clerk's Note: Counc. Sparks arrived. Discuasion followael regarding the National Cruise W..tencI helel 1" CupeTctao May 2 and 3. The City Manager will ¡1ve Coundl a coP7 of . report reprd1øl the cruiaing. It was moved by Counc. Gatto, seconcleel by Counc. O'I.efe and passeel _ illOusly to 8gendize an ordinance to chenp atarting tiM of Council ..ecta.. froa 6:30 p.m. to 6:45 p.m. At 7:20 p.m., the meeting was adjourned. At 7:32 p..., the meeting was re- convened in the Council Chamber. SALUTE TO TIlE FLAG ROLL CALL Counc. Present: Gatto, Plungy, Rogers, Sparks, Mayor O'Keefe Staff Present: City Manager Quinlan City Clerk Corneliua Director of Public Works Viskovich Director of Planning and Development Sisk Director of Parka and Recreation Butler CDBG Coordinator Hendee City Attorney Kilian (7:35 p.m.) CONSENT CALENDAR 7. Resolution No. 5274: "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 Miscellaneous Expenditures for the Period Ending April 16, 1980." 8. Resolution No. 5279: "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 Salaries and Wages for the Payroll Period Ending April 22, 1980." 9. Resolution No. 5280: "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 Miscellaneous Expenditures for the Period Ending April 24, 1980." 10. Resolution No. 5281: "A Resolution of the City Council of the Cit~ of Cupe~tino Accepting a Grant of Easement for Walkway Purposes from Tom T. Hirano and Kiyoye Hirano Located along Stelling Road South of Carriage Circle." 11. Resolution No. 5282: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Supplementary Agreement to Improvement Agreement for Tract No. 6767, Gardenview Terrace, Located at Gardenside Lane and Cleo Avenue." . KINUTES (SF THE HAY 5, 1980 CITY COUNCIL MEETING 12. Reaolution No. 5283: "A Reaolution of the City l.oUtlcil of the City of Cupertino Rescinding Resolution No. 5264; Approvina Clulllge Order Bo. 6 for Senior Citizen Center. Project 79-3, Contract No. 14, Gelleral Work." CC-498 Pege 3 13. Accept8llc" of municipal improvementa: CNA - Praelo Viata. 14. lW.øolution No. 52811: "A lI.eaolution of the City Council of the City of Cupertino Approving the Application for Grant Funcla uneler the Roberti-Z'berg Urban Open Space anel Recreation Program." 15. Application HC-51,523.1 - San Jose Typewriter Co., Inc. requeatina approval of site, architecture, landscaping, lighting for a pro- posed 3,400 sq. ft. retail building. Said property is located at the southeast corner of Stevens Creek Boulevard and Orange Avenue in a P (Planned Development) zoning district. 16. Application HC-51,502.1 - Regnart Creek Estates (Shutta anel Schwi.. mer) requesting approval of site, architecture, and lighting for a proposed five-unit residential development to be located on the north aide of Orogrande Place, in a P (Planned Development with,.. single-family residential intent) zoning district. . 17. Acceptance of City Project performed under contract: Senior Citi- zen Center, Contract No. 15, Irrigation and Planting. 18. Request for '/aiver of business license fees from Northwest Y's Men's Club for their pancake breakfast, May 10, 1980. 19. Minutes of the regular City Council meeting of April 21, 1980. (CC-494) 20. Minutes of the adjourneò regular City Council meeting of April 28, 1980. (CC-495) 21. Minutes of the adjourned regular City Council meeting of 4/30/80 (C -496). It was moved by Counc. Sparks, seconded by Counc. Plungy and passed Consent Cal. unanimously to approve the Consen~ Calendar with the minutes of the approved, min regular City Council meeting of April 21, 1980 amended on page II, utes amended parasraph 5, to change the word "housing" to "development". ORAL COMMUNICATIONS 22. None PUBLIC HEARINGS . 23. Application 12-Z-80 of George H. Buck: Rezoning of approximately .3 of a gross acre from Rl-IO (Residential, Single-family, 10,000 sq. ft. minimum lot size) zone to P (Planned Development with office intent) zone and Environmental Review: The Planning Com- mission recommends the granting of a Negative Declaration. Said property is located on the northeast corner of Foothill Boulevard and Stevens Creek Boulevard. Recomoended for approval. CC-498 Page 4 . Neg. Dec. for l2-Z-80 12-Z-8O approved FJ.iI. treading ~d. 1005 Neg. De.:. for 3-U-8O 3-U-80 approved Reciprocal easements . ., '-:" ;'~--""¡'-. o " ·;7~.. '1& ~';~. ,'":.,:.\', ~,7i,', "..'/ ':', '.' ,i:~w,..';,í":,r ,',I MlNUTBS OF THE KAY 5, 1980 CITY COORCIL KEETINC 23. (a) First reading of Orelinnce No. 1005: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by ReZ01dDa Approximately .3 of a Grosa Acre frOll Rl-IO to P Zone; Located on the Northeast Corner of Foothill Boulevard anel SteveD. Creek Boulevard." PLANRING APPLICATIONS 25. Application 3-U-80 of George R. Buck: Uae Pendt to convert a residential structure consisting of approxiaately 1,300 sq. ft. into an office building anel Env1ronmental Review: The Planning eo.isa1on recommends the granting of a Negative Declaration. Said property is located on the northeast corner of Foothill Boulevard and Steve::28 Creek Boulevard. Recommended for approval. It was moved by Counc. Sparka, seconded by Counc. O'Keefe and passed unanimoUSly to close the public heAring. It was moved by Counc. Gatto, aeconded by Cour;c. Sparks and passed IJI18D- imously to grant a Negative Declaration for Application 12-Z-80. It waa moved by Connc. Gatto, seconded by Counc. Sparks and passed with Counc. O'Keefe dissunting to approve Application 12-Z-80 per Planning Commistion Resolution No. 2064. It was moved by Counc. Sparks, aeconded by Counc. Plungy and passed unan-. imously to read Ordinance No. lOOS by title only and tho. Mayor's reading to constitute the first reading. It was moved by Counc. Sparks, seconeled by Counc. Rogers and passed unan- imously to grant a Negative Declaration for Application 3-U-8O. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with Counc. O'Keefe dissenting to approve Application 3-U-80 per Planning C~ mission Resolution No. 2065.Nith the installation of sidewalks to be expedited. Council requested expedition of the reciprocal ingress/egress easements with the adjoining property to the north. PUBLIC HEARINGS (continued) 24. Application 10-Z-8O of Edward Gray: Pre zoning of approximately 1.4 gross acres trom Sant3 Clara County RI-IO (Residential, Single-faaily, 10,000 sq. ft. minimum lot size) zone to City of Cupertino RHS (Resi- dential. Hillside Slope Density Formula) and Environmental Review: The Planning Commission reco~nds the granting of a Negative Dec- laration. Said property is located at the westerly terminus of Poppy Drive approximately 400 ft. westerly of Foothill Boulevard. Recommended for approval. "',¡,c' '.C;.'--:¡;J:;~~(~' ,1;;.. þ MINUTES OF THE MAY 5, 1980 CITY COUNCIL MEETING 24. (a) First reading of Ordinance No. 1006: "An Ordinance of the City of Cupertino Allencling Section 1 of Orelinance No. 2 by Prezoning Approx1llately 1.4 Grosa Acres frOll Santa Clara County Rl-IO to City of Cupertino RBS; Locateel at the Westerly Terminus of Poppy Drtve Approxilllately 400 Ft. Westerly of Foot hill Boulevard." PLANNIl'IG APPLICATIONS (continueel) 26. Application 4-TK-80 of Edward Gray: Tentative Map to subel1vide the subject property into four Iota ranging in aize from 10,200 sq. ft. to 17,600 sq. ft. anel EnvirOllll8ntal Review: The Planning Comtiaai recommends the granting of a Negative Declaration. Said property is located at the westerly terminus of Poppy Drive approximately 400 ft. weaterly of Foothill Boulevard. Recommendeel for approval. Mr. Lee Leischman of George S. Nolte and Associatea reviewed Condition No. 17, Planning Commiaaion Resolution No. 2069 for Application 4-TK-79 with Council and requeated a change. It was moved by Counc. Gatto, aeconded by Coonc. Sparka and paased unan- imously to close the public hearins. þ It was moved by Counc. Gatto, aeconded by Coone. Sparks and passed unan- imously to grant a Negative Declaration for Application lo-Z-80. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to approve Application lo-Z-80 per Planning Commission Resolu- tion No. 2068. It was moved by Counc. Sparks, seconded DY Counc. Rogera and passed unan imously to read Or~inance No. 1006 by title only and the Mayor's reading constitute the firat reading. It was moved by Counc. Gatto, aeconded by Couc. Sparks and passed unan- imously to grBnt a Negative Declaration for Application 4-TM-80. It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- imously to approve Application 4-TK-80 per Planning Commission Resolu- tion No. 2069 with Condition No. 17 amended to read, '~he grading plan is conceptually approved and shall represent the worst case degree of slope modification for a step pad configuration on each lot". . 27. Application 26-~79 (Revised) of Regnart Creek Estates: Tentative Map to modify the exhibits and conditions of approval relating to access to a recently approved five lot subdivision and Environ- mental Review: The Planning CommisYion recoMmends the granting of a Negative Declaration. Said property is located on the north side of Orogrande Place approximately 230 ft. westerly of Stelling Road. Recommended for approval. CC-498 Page 5 Public hearinl closed Neg. Dec. for 10-2-80 10-!-80 approved First reading of Ord. 1006 Neg. Dec. for 4-TM-80 4-TM-80 approved as amended f"',"^".' ,.'" ~',"'. ...:'"':..',',...,'._..' CC-498 Page 6 1A Dec. for ΕΎ-M-79 (Rev) 26-'TK-79 (Rev) approved Continued .t review Reading of Ord. 1010 Urgency Ord. 1010 enacted . , ~":, ,'" ',,",,' ::"",!~"l~,-',':""W_':f:-·;~ .c'''.,,~~~~o ',' ' '7!-f~~:\:~~-~Ct: ;':"/~,r,.r·" MINtJTES OF THE MAY 5, 1980 CITY COUNCIL KEBTIRG It was moved by Counc. Sparks, seconded by Counc. Gatto anel pea... UDID- imously to grant a Negative Declaration for Application 26-TM-79 (a..taecl). It va lIIoved by towc. Sparks, .ec:ondeel by Counc. Plunø l1li11 ,u.tIII .... imously to approve Application 26-TH-79 (leviseel) per Planning C~a.1OQ Resolution No. 2070. ARCHITECTUlW. AND SITE APPROVAL COMKITTEE APPLlCATIORS 28. None ITEMS REIÐVED FROM CONSENT CALENDAR 29. Ilone UNFINISHED BUSINESS 30. Interpretation of use permit relating to trip count conditiona for Or~hard Valley Marketplace. It was moved by Counc. Rogers, .econded by Cowc. Gatto and p&.lsecl ~ imously to continue this item to the regular City Council meeting of Hay 19, 1980. 31. Adoption of budget work schedule. By consensua, Council agreed to meet for a review of the proposed budget. on May 28 to continue the review. Tuesday, Kay 27, 1980 from 6-8 p... If nece.aary, they will reconvene City Clerk's Note: CDBG Coordinator Hendee arrived at 8:15 p.m. NEW BUSINESS 32. Urgency Ordinance No. 1010: "An Ordinance of the City of Cupertino Regulating Traffic in the Downtown Area." It was moved by Counc. Rogers, seconded by Coune. Sparks and passed unan- imously to read Ordinance No. 1010 by title only. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously to enact Urgency Ordinance No. 1010 with the following amendnents: Section 11.20.010 A. "Downtown area" means Stevens Creek Boulevard bounded by Tantau Avenue to the East and Peninsula Avenue/Bubb Road to the west; Wolfe Road bounded by Calle de Barcelona to the south and Homestead Road to the north; and De Anza Boulevard bounded by Bollinger Road to the south and Homestead Road to the north. 33. City response to HUD monitoring letter regarding CDBG program. þ HI!lUTES OF THE MAY 5, 1980 CITY COUNCIL KnTllfG By consensus, Council approved the City Hanaser'a letter reapondins to w.. M. Siegel's HOD monitoring letter. 34. Report regardinø proviaion of code enforcement in houains rehabili- tation aress outside our City limita, Council, at the request of the City Attorney, authorized a lanauaae change in the owner participation agreement hooaing rehabilitation pro- grall, psge 2, item 3, paraaraphs C and D. The language wiU ..lte a good state of repair and maintenance a necessary condition as IonS aa the loan is in effect. Council accepted the CDBG Coordinator'a report. 35. Request for allocation to reimburse Terry Rose for City improvements installed. It was moved by Counc. Sparks, seconded by Counc. Rogers and paased unan- imously to appropriate $1,500 for reimburseleDt to the Roae development in accordance with the development asreeleDt. 36. Increase in septic tMnk fee. þ (a) First readina of Ordinance No. 1009: "An Ordinance of the City of Cupertino Amending Section 15.20.050 of the Cupertino Municipal Code, Private Sewage Diaposal Systems." It was moved by Counc. Sparks, seconded by Coonc. Plungy and passed unan- imously to include the cost of fees in the ordinance. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan- imously to read Ordinance No. 1009 by title only and the Mayor's reading to constitute the first readins. 37. Agreement with County to process backlog of parkins tickets. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- imously to approve an agreement with the County to process backlog of parking tickets. WRITTEN COMMUNICATIONS 38. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to approve waiver of fees for the use of the Senior Center by the California History Center for a reception. Actual costs will be charged. ORDINANCES þ 39. Second reading of Ordinance No. 1003: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Rezoning Approxi- mately 3.8 Acres from RI-B6 to PR; Located Southerly of Moltzen Drive between Candlelight Way and Ruppell Place." It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to read Ordinance No. 1003 by title only and tho'! Mayor's reading to constitute the second reading. CC-498 Psge 7 BUD monitoring Code enforce- ment, housing rehabilitation areas Reimbursement to Rose develo !lent Cost of fees included First reading of Ord. 1009 Processing of parking tickets California History Center use of Senior Center Second reading of Ord. 1003 CC-498 p. Ord. No. 1003 ena~ted Second read- ing of Ord. No. 1004 Ord. No. 1004 enacted Street repair . Citizcns Goals COlJDDlttee Variances . n·,'c'~."'· MINUTBS OF !BB MAY 5, 1980 CITY COUNCIL MEETING It was moved by Coonc. Sparks, aeconded by Counc. Rolara IIIId passed unanimously to enact Ordinance No. 1003. 40. Second readinl of Ordinance No. 10041 "An Ordinance of the City of Cupertino Amenelinl Section 1 of Ordinence No. 2 by Ruonina Appron- mately One Acre froa ll-B6 Which is the Holdover SIIII Jose Zoninl District, to City of Cupertino Rl-6; Located Southerly of Molt.en Drive between Candlelight Way and Ruppell Place." It was moved by Counc. Rolers, seconded b~ Counc. Sparks and passeel unanimously to read Ordinance Nu. 1004 by title only and the Mayor's reading to constitute the second reading. It was moved by Counc. Rogers, seconded by Counc. Sparks anel passed unanimously to enact Ordinance No. 1004 amended to include an i zone. NON-AGENDA BUSINESS 42. Recognition by Mayor of special requests. (a) General Audience - Mr. Ken Kelly addressed Council regarding the de- laminating streets in the recent boundary reorganization area. The Director of Public Works informed Mr. Kelly that thoae atreets will be repaired as part of the City's regular program. Tbe Citizens Goals Committee will be agendized for the meeting of June 2, 1980. Any Counci1member wishing to submit material for distribution will do so by May 19, 1980. Mayor O'Keefe addressed Council and staff regarding two lettera he had received regarding variances. This matter will be discussed at the joint Council/Planning Commission Work Session to be held May 6, 1980. At 9:25 p.m., the meeting was adjourned to an Executive Session. At 10:10 p.m., the meeting reconvened in open session. It was moved by Counc. O'Keefe, seconded by Counc. Gatto and passed with Counc. Rogers a~sent to adjourn to 6:00 p.m., May 6, 1980. //) ~ &2/1.~. C ty lerk