Loading...
CC 11-02-81 . . ,.. CITY OP CUPRTDIO, STATE CT! CALIFOItRIA 10300 Torre Avenue, Cupertino, CA 95041-3255 Telephone (408) 252-4505 MINUTES OF THE REGUIÃR I'IhTllIG OF THE CITY COONCIL HELD ON NOVEMBER 2, 1981 IN TIlE COUNCIL CHAMBER, CITY BALL CUPERTINO, CALIFORNIA Hayor Sparks called the .eeting to order in the COlØ\cil Challbe-c of City Hall at 6:55 p.m. SALUTE TO THE FLAG ROLL CALL Counc. Present: Gatto, Johnson, Plungy, Rogers, Mayor Spa-cks Staff Present: City Manager Quinlan Deputy City Cle-ck Campagna-Blaise Director of Public WOrks Viskovich Director of Planniua and Development Sisk Directo-c of Finance Snyder (8:20 p...) Director of Parks and Recreation Dowling CDBG Coordinator Bendee City Attorney Kilian STAFF REPORTS 1. Oral reports by staff members snd subaission of written reports. City MananRer's Report Government Channel - Cable TV - Co\Ø\c. Plungy and Counc. Rogers agreed to lIeet with City Hansger Quinlan to help develop vsrious progra... for the government channel on cable r¡. They will report theirreco....endatio to Council and then submit theø to the Cable TV Advisory Committee. Political Signs - City Attorney Kilian submitted s report regarding a recent decision by the District Court of Appeals upholding the right of a municipality to prohibit all signs on public property. It was mo·-,d by Counc. Johnson, seconded by Counc. Gatto and passed vith Counc. Rogers dissenting to take no action at this time. City Attorney Kilian suggested that the existing ordinance on political signs be removed. PG&E and PCB's - City Manager Quinlsn reported on a testing program PG&E is conducting in the City of Cupertino. The sampling that was done in the Manta Vista Area tested lov in PCB's. Reschedule of Recycling - The recycling test program that was scheduled for November has been portponed until January, 1982. 2. Report on and discussion of General Plan Amendment involving Town Center Planning Area. CC-SS3 P.se 1 Cable TV Govermaent Channel Political signs PG&E and PCB's Recycling tes t program CC-5~3 Pa2 Center Genera~ Plan Amendment Housing and COlIIDunity Block Grant Pt"ogram Emergency services Emergency Medical Care Committee "er City Consent Cal- endar approve . MINUTES OF THE NOVEMBER 2, 1981 CITY COUNCIL MEETING Director of Planning and Developaent Sisk reported 0:1 the statue of the General Plan Amendment involving the Town Center Planning Are.! based on SQWe information froll the economic consultant as requested by the Plannin t CoIBission. Council agreed by consensus on the exisr:ing plan, and therefore a joint .eeUng vith the Planning CoIBission vas denied. COUNCIL REPORTS 3. !'fayor Sparks (County eo.aission on Housing and Co_ity Block Grant Progr8ll) - Ksyor Sparks reported that the Catholic Diocese sent hia a letter thanking hi. for helping in funding for a Senior Citizen project through the County COIIIDittee on Housing and Coaaunity Block Grant Program. Mayor Sparks reported t.aking an active part in Eaergency Services. He sU88ested putting a check list for supplies in case of an eaergency in the Cupertino Scene so the populace could be better prepared. Stanford Research Institute has 50 gal. containers for storing water that can be purchased. 6. Counc. Plungy - The Emergency Medical Care ColllliUee will be ex88iniDg the need of funding for equipment to supplement the existing computer the County has for the paramedics. Our Sister City, Toyokava, has requested ten junior high school students to visit thea in 1983. They would like to donate to Cupertino 200 Japanese Cherry Trees (full grO'm), Council directed Director of Public WOrks Viskovich to find ~ suitable park or area where they could be planted. CONSENT CALENDAR It vas moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to approve the Consent Calendar. 8. Resolution No. 5841: "A Resol~tion of the City Council of the City of Cupertino Allowing Certain Claims and Dellands Payable in the Amounts and from the Funds as Hereinafter Described for Genersl and Hiscellaneous Expenditures for the Period Ending October 16, 1981." 9. Resolution No. 5744: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Dewands Payable in the Amounts and froll the Funds as Hereinafter Described for Ssalaries and Wages for the Period Ending October 20, 1981." O. Resolution No. 5745: "A Resolution of the City Council of the City of Cupertino Alloving Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Hiscellaneous Expenditures for the Period Ending Oc tober 23, 1981." 1. Resolution No. 5746: "A Res"lution of the City Council of the City of Cupertino Authorizing Execution of Stol~ Drain Reimburse- ment Agreement between the City and Far West Savings and Loan Association; Location, Finch Avenue." · .. , HINUTES OF THE NOVEMBER 2, 1981 CITY COUNCIL MEETING 12. Resolution No. 5747: "A Resolution of the City Council of the City of CUf¿rtino Authorizing I....rovement Agreement betveen the City and Hr. and Mrs. Sudhir Pathak; Southwest Corner of Lebanon snd Stevens Creek Boulevard." 13. Resolution No, 5748: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Kann Station Electr1csl Project 80-38." 14. Resolution No. ~749: "A Resolution of the City Co'IDcil of the City of Cupertino Approving Contract Change Order No. 4 for South De Anza Boulevard Landscaping Installation Project 80-05." 15. Resolution No. 5750: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Ernest H. snd Grace Cruz Consisting of Approximately 0.014 Acr.., Lo- csted at the Southwest Corner of Foothill Boulevard and Santa Paula Avenue." 16. Acceptsnce of City projects performed under contrsct: (a) Wheelchair Ramp Construction Project 80-20. (b) Traffic Signal Modification at Stevens Creek Boulevard and Mary Avenue, Project 80-16 and Traffic Signsl Interconnect Exten sion, Project 81-30, 17. Application HC-5l,558.l - r.regg Bunker (Photo Drive-up) requesting approval of lsndscap1ng plan. The subject property is located within the northvest corner of Saratoga-Sunnyvale Road and Wildflover Way. Recommended for approval. 18. Requests for vaiver of business license fees. (a) Santa Clara County Christian 1chool Association. (b) Northwest Valle~' y's Hen's Club. (c) Karch of Dimes Birth Defects FoundJtion. 19. Resolution No. 5751: "A Resolution of the City Council of the City of Cupertino Declaring Consideration of Cancellation of Land Conser- vation Contract (Lands of Forge) and Setting Time and Place for Publi Hearing. " 20. Hinutes of the regu"ar City Council meeting of Tuesd~y, October 20, 1981. (CC-552) Vote Hembers o~ the City Council AYES: NOES: ABSENT: ABSTAIN: Gatto, Johnson, Plungy, Rogers, Sparks None None None CC-553 Page 3 .5~ KIlIUTES OF THE NOVEMBER 2, 1981 CITY COUNCIL MEETDlG ORAL C(HßJl;ICATIONS 21. None PUBLIC HEARINGS 22. Application 2l-Z-8l of James O. Arnold: Rezoning approximstely 1. 9 acres frOll Rl-lO (Residential Single-f8llily, 10,000 sq. ft. lIinimum lot size) zone to Rl-7.5 (Res1dentisl Single-family, 7,500 sq. ft. 1I1ni_ lot she) zone and Environmentsl Review: The Planning Co_ission rec"-nds the granting of a Negative Declaration. The subject property ia located adjacent to and easterly of Stelling Road approximstely 375 ft. south of the intersection of Stelling Road and Pepper Tree Lane. Rec~ lIended for approval. This application to be heard in conjunc- tion vith Application l6-TH-8l. (Items 22, 23, 27 and 28 shall be beard together.) (a) First reading of Ordinance No. 1144: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 1.9 Acres from Rl-lO Zone to Rl-7.5 Zone; Locsted Adjacent to and Easte~ly of Stelling Road Approximately 375 Ft. South of the Intersection of Stelling Road and Pepper Tree Lane." . 23. Application 2¡-Z-8l of James C. Boffman: Rezoning approximately 2.2 acres frOll Rl-lO (Residential Single-family, 10,000 sq. ft. lIiniIDum lot size) zone to Rl-7.5 (Reaidential Single-family, 7,500 sq. ft. minimum lot si~e) zone and Environmental Reviev: The Plsnning Comadssion recommends the granting of a Negative Declaration. The su~ject property is located east of the northern terminus of Tuls Lane. Reco_ended for approval. This application to be heard in conjunction with Application l7-TH-81. <a) First reading of Ordinance No. 1145: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.2 Acres from RI-IO Zone to Rl-7.5 Zone; Located East of the Northern Terminus of Tula Lane." PLANNING APPLICATIONS 27. Application l6-TH-8l of James O. Arnold: Tentativ~ Hap to subdivide said 1.9 acres into eight lots and Environmental Review: The Planning Commission recommends the granting of a N~gative Declaration. The subject property is located adjacent to and easterly of Stelling Road appLoximately 375 ft. south of the intersection of Stelli"g Road and Pepper Tree Lane. Recom- mended for approval. This application to be heard i~ conjunction with Application 2l-Z-81. . · · · MINUTES OF THE NOVEMBER 2, 1981 CITY COl1NCIL MEETING 28. Application 17-'IH-8l of Jaaea C. Bofflll8n: TLntst1ve Map to subdivide said 2,2 acres into eight Iou ..nd Envirol1lMllte1 Review: The Plannin Co_isaion rec~nds the granting of a JO"I!ative Declaration. The subject ~roperty is located east of the northern terminu. of Tula Lane. Rec....ended for approval. This spplicat10n to be heard in ~onjunction with Application 22-Z-8l. Items 22, 23, 27 and 28 were heard together. Director of Planning and Development Sisk reviewed the applications vith Council. Hr. Bob Childs, 10152 Barbara Lane, expressed his view about traffic existing on H~Clellan. Mr. James A~¡wlò, applicant, expressed his desire to stay on the property and infor.aed Council five houses are existing, so 35 new homes will be built !or a total of 40. Hr. Jsmes Hoffman, spplicant, is now re~fding on the property. He is supportive of the Planning Commisaion recommendation. Hr. Clarence Flick, 20891 HcClellan Road, expresse~ concern about harass- ment to property owners. Be suggested an exit on Stêl1ing and wa.. alsc concerDed about being careful of encroachment on propêrties. Lyle Topham of the Church of Jesus Christ of Latter Day Saints told Council they viii agrep. to sell a portion of the property if they are prop~rty compenssted. It vas moved by Counc. Johnson, seconded by Counc. Plungy snd psssed unan- imously to close the public hearings on Applicstions 2l-Z-8l and 22-Z-8l. It vss moved by Counc. Jchnson, seconded by Counc, Gatto and passed unan- imously to grant a Negative Declaration for Applicstion 2l-Z-8l. It vas ~ved by Counc. Gatto, Reconded by Counc. Plungy and passed unan- imously to approve Ap~lication ~1-Z-8l per Planning Commission Resclution No. 2246. It vas moved by Cou~c. Plungy, sEconded by Counc. Johnson aod passed unan- imousl.. to read Ordinance No. 1144 ~y title only and lhe Deputy City Clerk' reading to constitl.:te the first read'.ng. I t was moved by COtmc. Gat to, seconded by Counc. Rogers æhi passed unan- imously to grant a Negative Declaration for Application 22-Z-81. It was .::..."v~d by Coune. Gatto, ser.onded by Counc. Plungy and passed unan- imously to approve Application 2l-Z-8l per Planning Commission Resolution N<>. 2248. It was moved ay Counc. Plungy. seconded by Counc. Rogers and passed unan- imously to read Ordinan~e No. 1145 by title only and the Deputy City Clerk's ~eading to con~titute the first reading. CC-553 Page 5 Public hear- ings closed Negative Dec. fot 2l-Z-8l 2l-Z-8l approved First reading of Ord. 1144 Negative Dec. for 22-Z-8l 22-Z-8l approved First reading of Ord. 1145 C~~;) P.6 Negative Dec, for l6-'lK-8l 1 6-'lK-8 1 approved Negs ti ve Dec. !or l7-'lK-8l l7-'lK-8l approved .iC hearin ed l-CDPR3-8l approved I Pub lic hear- . closed 1I'atf.ve Dec. for 25-Z-8l MINUTES OF THE NOVEMBER 2, 1981 CITY COUNCIL MEETING It was moved by Counr.. Gatto, seconded by Counc. Rogers and psssed unanimously to grant a Negstive Declaration for Applic~tion l6-'lK-8l. It vas moved by Counc. Gatto. seconded by Counc. PIungy and paased unanimously to approve Appliestion l6-TH-8l per Plan<.ing Commission Resolution No. 22~7. It was moved by Counc. Gatto, se~oDlted by Counc. Plungy and passed unsnimous11 to grant a Negative Decla13lfon for Application l7-'lK-8l. It was moved by Counc. Gatto, seconded by Counc. Plungy and psssed unanimously to approve Application 17-T.i-8l per Planning COIIID1asion Resolution No. 2249. PüBLIC ~EARINCS (cont1nue~ 24. Application l-CDPR3-8l of Robert Merrick: Conceptual Develop- lIent Plan Request to construct a thr~e unit apsrtlDent building snd Environmental Review: The project is categorically exempt, h....ce, no sction is required. The subject property is located on the northeast sic~e of Alpine Drb'e approximately 380 ft. soutbeast of Foothiil Boulevard in a R3 (Multiple Fsmily Residential) zoning dIstrict. RecolIIDended for approvsl. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to close the public hearing. It vas moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to spprove Application l-CDPR3-8l per Planninr, Commission Resolution No. 2250. 25. Applicstion 2S-Z-8l of George E. Tucker: Rezoning approximately .2 of a gross acre from San Jose Rl-6 (Singl~-family Residence, 6,000 sq. ft. minimum lrt size) zone to City of Cupertino RI-6 (Residential. Single-family, 6,000 sq. ft, minimum lot size) zone and Environmental Review: The Planning Commission recomm~nds the granting of ß Negative Declaration. Said property is located on the north side of Water ford Drive approximately 80 ft. vest of Rose Carden l.ane (ì535 Water ford Drive). Recommended for approval. (a> First reading of Ordinance No. 1146: "An Or'¡inance of the City of Cupertino Amending Section I of urdinance No.2 by Rezoning Approximately .2 of a Gross Acre from from San Jose RI-6 Zone to City of Cupertino Rl-6 Zone; Located on the North Side of Waterford Drive approximately 80 Ft. West of Rose Carden Lane (7535 Water ford Drive> " It WdS moved by Counc. Plungy, seconded by Counc. JohnsQn and passed unanimously to close the publ:c hearing. It was moved by Coune. Gatto. seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Applicatio~ 2S-Z-81. . . . HlNUTES OF THE NOVEMBER 2, 1'181 CITY COUNCIL MEETING It vas IDOVed by Counc. Gatto, seconded by Counc. Rogers and passed unan- imously to approve Ap9lication 25-Z-8l per Planning ColD81ssion Resolution No. 2253. It vas moved by Counc. Plungy, seconded by Counc. Rogers and passed lli1an- imously to read Ordinance NO. 1146 by title only and the Deputy City Clerk's reading to constitute the first reading. 26. Ccnsideration of revision of Chapter 16.08 of the Cupertino Hunicipsl Code; Excavations, grading and retaining valls. (a) First reading of Ordinance NO. 1143: "An Ordinance of the City of Cupertino Aaending Chapter 16.08 of the Cupertino Municipal Code: Excavations, Grading and Retaining Walls." Director of Public Works Viskovich reviewed the background of the present ordinar.ce. City Attorney KIlian SUl!~~teò that Council may want to direct staff to allend the general infraction ordinance ~ in existence. It was moved by Counc. Pl=gy, seconded by Counc. Gatto and passed unan- imously to close the public hearing. It was moved by Counc. Ro~ers, seconded by Counc. Plungy and passed unan- imously to instruct staff to amend the general infraction ordinance. It vas moved by Counc. Plungy, seconded by Counc. Rogers and passed unan- imously [0 read Ordinance No. 1143 by title only and the Deputy City Clerk's reading to constitute the first reading. PLANNING APPLICATIONS (co~tinued) 29. Application 19-TK-8l of Hugh F. Jackson: Tentative Hap to resub- divide three existing parcel£ consisting of a rotal of one gross acre into four parcels rang1ng in size froc 7,500 sq. ft. to 10,700 sq. ft. and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the south side of Cupertino Road approximately 100 ft. east of Foothill Boulevard in an Rl-7.5 (Residential Single-family 7,500 sq. ft. minimum lot size> zone. Recommended for approval. Director of Planning anú Development Sisk asked Council for a two week continuance. 30. Application 20-TK-8l of Kirkeby & Associates: Tentative Hap to record a single lot located at the southeast corner of StellIng Road and Highway 85 right of vay approximately 450 ft. north of West Hill Lane. Environmental Review: The project is categorically exempt, hence, no action is required. Recommended for denial. ~irector ~f Planning and Development Sisk informed Council that more infor mation was needed and asked for a two week continuance. CC-553 Page 7 25-Z-8l approved First reading of Ord. 1146 Public hearing closed General in- fraction ord. First reading of Ord. 1143 C~3 P.8 Res. No. 5742 adopted . Business license pro- cedures and fees Pet it ion re malathion spraying Fees for remodels I new homes MINUTES OF THE lI)VEHBER 2, 1981 CITY COUNCIL HEETDk: ARCHITECTURAL AND SITE APPROVAL CœtK1tTEE APPLICATIONS 31. None ITEKS RÐl>VED ROlf CONSENT CALENDAR 32. None L'NFINISHED BUllINESS 33. Plan for expenditure of Co-.n1ty De"elopment Block Grant Funds in th~ City of Cupertino and its sphere of influence for 1982-85 program years. (a> Resolution No. 5742: "A Resolution of the City Council of the City of Cupertino Rescinding Resolution No. 5712 Joint Powers Agre..~t for the Housing and COlDIDUDity Development Act of 1974 as Aaended." CDBG Coordinator Bendee presented some background and requested Council to adopt this resolution resciDding the previous Resolution. It was moved by Counc. Johnson, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5742. hEW BUSINESS 34. Report on business license fees and procedures. Director of Finance Snyder reviewed the present fees and proc~dures and presented sn overall coapsrison on other cities in the County. It vas moved by Ccunc. Johnson, seconded by Counc. Gstto and passed unanioously to mske no change in business license fees and procedures at this time. 35. Report frOlD City Attorney regarding request for Council action on litigation to stop malsthion spraying. City Attorney Kilian reviewed his findings on aerial spraying and ad- vised Council that petitions submitted to the Hediterranean Fruit Fly officials by residents would accomplish more than any legal means at this time. Council authorized the City Clerk's office to write a letter to Vivian Hawkins thanking her for her concern. 36. Policy on collecting fees for remodels only. Director of Public Works Viskovich requested Council to adopt a new policy on remodeling fees. Nancy Binr.eweg, builder, asked Council to as well as remodels under the nev policy. directed staff to review a policy for fee homes. recunsider new developments After discussion, Council collecting to include ne~ . HIWTES OF THE IIOVEKBER 2, 1981 CITY COUNCIL MEETING 37. Approval of agreement for services between the City of Sunnyvale and the JPA. (Solid Waste Management) (a) Resolution No. 5752: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of an Agreellent for Service between the City of Sunnyvale and the North Santa Clars County Municipal Solid Waste Management Joint Powers Authority." It vas moved by Counc. Johnson, seconded by Counc. Plungy and passed un8ll- imo'lSly to adopt Resolution No. 5752. WRITTEN COtHJNICATIORS 38. None ORDINANCES (Deputy City Clerk's Note: H&yor Sparks left Council Chamber at 8:50 p.m. 39. Second reading of Ordinance No. 1142: "An Ordinane:e of the City of Cupertino Ailending Section 1 of Ordinance No. 2 by Rezoning Approxi- mately 3.3 Acres frOlD P Zone to t' Zone; Located on the Southwest Corner of De Anza Boulevard and Lszaneo Drive." . It vas moved by COUDC. Plungy, seconded by Counc. Rogers and passed unan- imously by those present to read Ordinance No. 1142 by tit~e only and the Deputy City Clerk's reading to constitute the second reading. It vas moved by Coune:. ~gers, seconded by Counc. Gatto and passed unan- imously by those present to enact Ordinance No. 1142. 40. Second reading of Ordinance No. 1136: "An OrdinaJlce of the City of Cupettino Amending Section 6,4 of Ordinance No. 652 Pertaining to Procedures in the Hatters of Amending the General Plan, Amending the Zoning Ordinance, Amending the Official Zoning Hap, Procedures in the Matter of Conditional Use Permits and Variances." It vss moved by Counc. Plungy, seconòed by Counc. Rogers and passed unan- imously by those present to read Ordinance No. 1136 by title only and the Deputy City Clerk's reading to constitute the second reading. . It vas moved by Counc. Rogers, seconded by Counc. Plungy and passed unan- imously to enact Ordinance No. 1136. (Deput:· City Clerk's Note: Hayor Sparks returned to Council Chamber at 8:55 p.m.) 41. Second reading of Ordinance No. ]131: "An Ordinance of the City of Cupertino Amending Ordinance No. 220(1) by amending Sections 128.l(a), l28.I(c) and Adding Section 129.](e) Concerning Permitted Uses in the Quasi-Public Building (BQ) Zoae and the Transportation (T) ZOõ1e." It was moved by Counc. Plungy. seconded by Counc. Johnson and passed unan- imously to read Ordinance No. 1131 by title only and the Deputy City Clerk's reading to constitute the second reading. CC-553 Page 9 Res. No. 5752 adopted Second reading of Ord. 1142 Ord. 1142 enacted Second reading of Ord. 1136 Ord. 1136 enacted Second reading of Ord. 1131 . 153 10 o . No. 1131 enacted Res. No. 5740 adopted Closed session Letter re vater testing NE:gotiations re street .t CODver- Negotiations re in tercon- nect system . HINUTES OF TBF. NOVEMBER 2, 1981 CITY COUNCIL MEETING It was DIOVed by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 1131. RESOLUTIONS 42. Resolution No. 5740: "A Resolution of the City Council of the City of Cupertino Authoriz~ng Execution of Improvement Agreement between the City and Gregg C. Bunker: !¡orchvest CorDer of Sunny- vale Saratoga Road snd Wildflower Way." It vas moved by Counc. Gstto, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 5740. Council adjourned to a closed session at 9:00 p.m. At 9:10 p.m. Council reconvened in open session in the Council Chamber. Council approved by consensus to authorize staff to submit a letter informing Cupertino Water Utility customers of their findings on water testing. The letter will be sent to KNTV, Channel 11 and KXRX radio and published in the Cupertino Courier t~ree consecu- tive t:...nes. Regarding D & B Construction, it was moved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to authorize staff to negotiate vith the contractor and suppliers to furnish street light conversion contract providing such negotiations allow an additional savings to the City. It was moved by tounc. Gstto, seconded by Counc. Plungy and passed unanimously to authorize staff to negotiate with RosendinJ!lectric and Hultisonics, subcontr8~tGr, regarding the interconnect system. At 9:15 p.lI. the meeting was adjourned to 6:45 p.m., November 16, 1981. ~~ ./ -~:, -- - -# ~ - øA-L-~ -- uty Ciéy Cl -k /