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CC 01-03-83 .. , , " ,-"''";''7'.,.¡- r" . :::"'f'·'·"?.?"'r"~~<;-'?~~.I~:t~:-:;~: ;. . ~ CITY OF CUPERTDIO. STATE OF CALIFORNIA 10300 Torre Avenue. Cupertino. CA 95014 Telephone: (408) 252-4505 HINU'l'ES or THE REGUI.A}t METING or THE CITY CO\JIC1L HELD ON JANUAllY 3. 1983 IN 'lII! COUBCU CHAMBER. CIn BALL Cl'PERTINO. CALIfORNIA Mayor Gact~ ~alled the meeting to order at 6:50 p.m. in the Council Chamber. SALUTE TO THE FLAG ROLL CALL COUDC. Present: Johnson. Plungy. Rogers. Sparks. Mayor Gatto Staff Present: Acting City Manager Viskovich City Clerk Cornelius Director of Planning and Development Sisk Director of Parks and Recreation Dowling (left at 7:10 p.m.) Assistant to the City Kanager Brown (left at 7:10 p.m. City Attorne~ Kilian STAr·'!' íŒPORTS 1. Oral reports by staff members and submission ~f wri~ten reports. . CC-S97 ,... 1 City Clerk's Report Recordation of Release of Certificate of Lien. Williamson Act Contract. I Release of It was moved by Counc. Rogers. seconded by Counc. Johnson alld passed ¡Lien - DeAnza- unanimously to authorize the City Clerk to record a Release of Lien on Forge the DeAnza-Forge property. I addediHighway 85 !Task Force i , I !Consent Calen- I dar approved Mayor Gatto requested that the Highway 85 Task Forc~ Committee be to the list of committees on the agenda. CONSENT CALENDAR It was moved by Counc. Sparks. seconded by Counc. Plungy and passed unanimously to approve the Consent Calendar as submitted. 7. Resolution No. 5999: "A Resolu~ion of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the AruOWlts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Peried Ending December 14, 1982.' 8. Resolution No. 6003: "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 Hereainfter Described for General and Miscellaneous Expenditures for the Period Ending December 10, 1982." ..97 '1. - e ( I __'''!~\:~~..r;:_'';~ .PT',;!,! _,m,,,,,. :'i~',:_',:,;,,~ _', ,': .. _k.,<!:>' "..:~:~~- i-Y :,;;:-.'f;.,;·, - ">/:'~:,\¡:,.<:;.~'::, . .. MINUTES OF THE JANDARY 3, 1983 CITY COUBCIL MEETING *9. Resolution No. 6011: "A Resolution of the City Council of ehe City of Cupertino Initistlng Prelt.1nary Procedures for ~orl8Di&a- tien between Cupertino and San Jose 1a Accordance with the District Reorganization Act of 1965." 10. Acceptance of Enicipal improvements: Far West Savings Deve1oPMlle. 11. Resolution No. 6012: "A Resolution of the City Co....ncil of the City of Cupertino Accepting Grant of Basement for Sidewalk PurpoH. from Sobrato Interescs; Located at the Southeast Corner of Lazaueo Drive and Bandley Drive." 12. Resolution No. 6013: "A Resolution of the City Council of the City of Cupertino Approving Parcel K&p and I~rovement Plana of Pro~rty J~cated on the North Side of Orogrande Place Westerly of Stelling Road', Developer, Wayne Sargeut and Gloria Sargent; Authorizing Execution of ImproveEnt Agreement; Authorizing Signing of Parcel Map and Improvement Plans." 113. I ¡*Approved per staff recommendation, acknowledging that the existing storm ¡drain on Stevens Creek Boulevard has It.dted capacity and that appropriate ¡mitigation m~asures should be undertaken as the area serviced by said storm drain gradually annexes to Cupertino and redevelops. I I~ I AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABST!IN: None IITEMS REMOVED FROM CONSENT CALENDAR 14. None 10RAL COMMUNICATIONS Minutes of the regular City Council ...ting of December 20, 1982. (CC-S'6) Members of tbe City Co~~cil '15. Members of the audience regarding matters not on the agenda - None. PUBLIC HEARINGS ;16. Consider~tion of vacation of ~ portion of a public utility easement, southeast of the Cupertino Road/Foothill Boulevard intersection. (a) Resolutbn No. 6014: "A Resolution of t:,e City Council of the City of Cupertino Ordering Vacation of a PubJic Utility Easement SouthLastof the Cupertino Road/Foothill Boulevard Intersection Pursuant to Section 50430 of the Government Code of the State of California." t MINUTES OF TIlE JANUARY 3, 1983 CITY COUNCIL MEETING CC-596 Page 3 Acting City Manager Viskovich reviewed the history of the request for vacation of the public utility easement. It was moved by Counc. Sparks, seconded by Counr.. JO~ffiSOn and passed unanimously to close the public hearing. Public hearing closed It was moved by Counc. Spa,ks, seconded by Counc. Rogers snd passed unanimously to adopt Resolution ~o. 6014. Res. No. 6014 adopted ~ 17. App1icati~n 15-Z-82 of City of Cupertino (Laur~lhurst Subdivision) Re7.oning approximately 30 acres from RI-6 (Residential Single- ! family, 6,000 sq. ft. min~ lot size) zone to Rl-6i (Residential' Single-tawily, 6,000 sq. ft. min~ lot size, single-story maximcm height) and EnviiOY\JI\cntal Review: The Planning Commission recommends the grcnting of a Negative Declaration. The rezoning proposes to add the "i" designation which will impose a building I height restriction of one-story not to exceed 15 ft. upon all new I construction within the zoning boundary. The subject property consists of the Laurelhurst Subdivision, Tract Numbers 1939, 2320'1 2483 and '1.539 which are located on the following streets: ~eather~ wood Drive, Colony Hills Lane, Fallenleaf Lane, Tiptoe Lane and I West1yn Way. The Laurelhurst Subdivision is generally bordered I as follows: Beginning approximately 350 ft. west of Saratog~- Sunnyvale Road at the interesection with Fallenleaf Lane, 200 ft. I northeast of the unimproved Highway 85 right of way, 600 ft. east of Stelling Road and 1,000 ft. south of Bollinger Road (adjacent to and southerly of Jol1ymsn School). Reeommended for approval. (a) First reading of Ordinance No. 1'1.12: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Appro~imatel~ 30 Acres fcom Rl-6 Zone to Rl-6i Zone; the Rezoning Proposes to Add the "i' Designation Which Will Impose a Building Height Restriction of One-Story Not to Exceed 15 Ft. Upon all New Construction within the Zoning Boundary¡ the Subject Property Consists of the Laure1hurst Subdivision, Tract Numbers 1939, 2320, 2483 and 2539 Which Are Located on the Following Streets: Heatherwood Drive, Colony Hills Lane, Fallenleaf Lane, Tiptoe Lane and West1yn Way, Gcnerally Bordered as Follows: Beginning Approximately 350 Ft. West of Saratoga-Sunnyvale Road at the Intersection with FallenJeaf Lane, 200 Ft. Northeast of the Unimproved Highway 85 Right of Way, 600 Ft. East of Stelling Road and 1.000 Ft. South of Bollinger Road (Adjacent to and Southerly of Jollyman School)." þ D',rector of Planning and Development Sisk reviewed the application , with Council and presented ~ transparency showing the boundaries of the! pffected area. Mr. Ken Kelly, 748j DeLaFarge Drive, asked the scope of the area covered in ,he proposed rezoning. He was referred to the transparency.' 97 e 4 Pub ic hearing closed Negative Dec. for lS-Z-82 lS-Z-82 approved First reading of Ord. 1212 Minute Order re height limitation -- Page, claim rejected King ~13im rejected e '>"'m'~"'~7'''''~,~~'"'· - ."f',\1'::·f'·;':':">"'~: " -',:~', HINU'l'ES 01' TIlE JANDARY 3, 1983 CITY COtJNCIL MEETING It ..as moved by Counc. Sparks, seconded by Counc. Pl..ngy and pa..ed unanimously to close the public hearing. It was moved by Coune. Sparks, seconded by Counc. Rogers and paasad unanimously to grant ~ Neøative Declaration for Application 15-Z-82. It WáS moved by Coune. Sparks, seconded by CotiDc. Rogers and passed unanimously to approve ApplicaLion 15-Z-82 per Planning Comadssion Resolution No. 2359. It was moved by Counc. Plung)', seconded by Counc. Rogers and passed unanimously to read Ordinance No. l212 by titl~ only and the City Clerk's reading to eonstitute the first reading thereof. It was movEd by Counc. Rogers, seconded by COUDC. Johnson and passed unanimoul'J.y that a Minute Order be sent to the Planning Co1IIII1øs1on directing them to look at revision of the City ordthance setting a 15 ft. limitation for single-s:ory homes, with a possible revision to 16 ft. PLANNING APPLICAnONS 18. None ARCHITECTURAL AND SITE APPROVAl COMMITTEE APPLICATIONS 19. None UNFINISHED BUSINESS 20. Mayor Gatto announced that this item would be discussed as the last order of business 88 they would meet in closed session prior to that. NEW BUSINESS 21. Claim for personal injuries and damges filed by Demetrios Eugenios, F.sq. on behalf of Harry Alan Page. It was moved by Counc. Johnson, seconded by Counc. Sparks and passed unanimously to reject the claim for personal injuries and damages filed by De~etrios Eugenios, Esq. or. behalf of Harry Alan Page. and the City Clerk was direeted ta notify the claimant. '1.2. Claim for. damages filed by Geoffrey and Margaret King. It was moved by Counc. Johnson, seconded by Counc. Plungy and passed unanimously t.o reject the claim for damages filed by Geoffrey and Margaret King and to direct the City Clerk to so no'ify the claimants. 23. Claim against the City of Cup~Ltino filed by Noel B. Gassett on behalf of Thomas Lopez, et al. - .~ .,~. ~ '," C' 7". ',~ , .. -,.' t MINUTES OF THE JANDAllY 3, 1983 CITY COUNCIL KlŒTING It was moved by Counc. Johnson, seconded by Counc. PIUIISY and passed unanimously to reject the claia a¡Rinst the City of Cupertino filed by Noel B. Gasaett on behalf of Thomas Lopez, et al. 24. SUIIDOns and complaint for eta_ges - Plaintiff: JeanClaude PhaII b Min.1t Bguyen PhaII. The summons and complaint for daœages was received by Council. 25. Claim for person injuries filed by Willi8111 G. Kinder 011. behalf of Thomas M. Murray. It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to reject the claim for personal injurie~ filed by William G. Kinder on ~ehalf of Tho.as M. Murray. '1.6. Request frOll Acrian, Inc. for approval of a temporary trailer to be loeated at 10060 Bubb Road. þ It was moved by Counc. SpArks, seccn.ied by Counc. Plungy and passed unanimously to authorize installation of a temporary trailer at Acrian, Ine., 10131 Bubb Road, for a maximum period of one year subject to review or revocation should parking spillover onto adjacent public streets or nearby residential or cOll11lerciRI areas. WRITTEN COMMUIIICATIONS Z7. None ORDINANCES 28. Second reading of OrdinllIlci! :io. 1211: "An Ordinance of the City of Cupertino Amending Chapter 11.30 of the Cupertino Municipal Code to Delete the Former Cruising Ordinanee and Subs~itute an Ordinanee Specifically Allowed by Section ZlllOO(k) of the California Vehicle Code." It was moved by Counc. Plungy, seconded by Counc. Ro~ers and passed unanimously to read Ordinance No. 1211 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Plungy, seconded by Coune. Rogers and passed unanimously to enact Ordinance No. 1'1.11. CC-S96 Pap 5 Lope. claim rejected PbaII ._ns and cOllplaint received Murray claim rejected I Tell lorary trailer for Acrian I I I , I Second reading lof Ord. 1211 I i I ,O"d. lZl1 ¡enacted 29. First reading of Ordinance No. lZ08: "An Ordinance of the City of Cupertino Amending Section l7.3Z.070 and Adding Sections i 17.3Z.100F and 17.08.085 of the City of Cupertino Municipal code."1 It was moved by Counc. Plungy, seconded by Counc. Rogers and passed IFirst reading unanimously to read Ordinance No. lZ08 by title only and the Cjty of Ord. 1'1.08 Clerk's reading to constitute the first reading there~f. þ 6 Page 6 First reading of Ord. 1213 March 7 meet- ing changed February 2! _ins ed Closed IIessioni , . '''"~~~''' "", "I''',)", ù',', , . . ",'::::~~..:,~~;~~..:~{:,",~;</,>~,'." ,'>- 0'," MumTES OF THE JANDARY 3, 1983 CITY COUNCIL MEETING 30. First reading of Ordinance No. 1213: "An OrdinaacAt of ehe City of Cupertino Amending Chapter 2.32, Planning ~~, of the Cupertino Municipal Code." It was moved by Counc. Plungy, seconded by Counc. Roger. .ad passed unanimously to read Ordiaance No. 1213 by title only'" tha City Clerk's reading to constitute the first reading thereòl. RESOLUTION 31. None NON-AGENDA BUSINESS 3'1.. Recognition by Mayor of special re~uests. (a) General Audience - None (b) City Council - As a quorum would not be pr_t for the March 7 regular meeting, Council will zeet on Tuesday, March 15. 1983 instead. The regular meeting of Monday, F':!bruary 2l, 1983 will be held Tuesday, February 22, 1983 as February 21 is a hOliday. At 7:10 p.m., Council adjourned to the Conference Rooa for a closed session. Council reconvened in Couneil Chamber at 8:47 p.m. Counc. Present: Johnsoh, Plungy, Rogers, Sparks. Hayor Gatto Staff Present: Acting City Manager Viskovich City Clerk Cornelius Director of Planning and Developmenc Sisk City Attorney Kilian UNFINISHED BUSINESS '1.0. Consideration of the traffic initiative petition. Mayor Gatto announced to those present that in accordance w;,th the City Attorney's advice, the intent of Council was to find the traffic initiative petition to be not valid and therefore it would not be placed on a ballot. The Mayor requested City Attorney Kilian to give in general some of the reasons for his recommendation. Mr. Kilian stated that in his opinion the initiative petition attempts to delegate unlawfully power to a private national board. Public streets are a matter of state- wide eoncern. The state delegat~s some powers for regulation of public streets to cities, but not to a private entity. ThE City Attorney felt that this was not an appropriate measure for an initiative ballot. -- . ,. -""'T,",è,,' 'q!.""','~"J," ~., IIì> -,".'", ,~ ;';" i". :,,:~~::~s.r<~~.~.~,~;~,::. . -' . . . MINUTES or TBB JANUARY 3, 1983 CITY COUNCIL MEETING CC-596 Page 7 ".,'). ,','" He further .tated that the exception section was vague aDdùl&iguous and that the lieasure aa ,statéd 1ètt'~ 1'00.< for ctpU9n-Ø", ~bat'. , , " , . Mr. Kilian SCat" Cbat h~ did ~t UBhtl, tOIle be1J1!1q., c~.. ~têr'~ £lltt:t;J.q1i the ballot box and that it be iJeié ~b'ré t.,..1Øterpr.~ ~ atrI.. ~ t'6ic·/1 þ..t ¡.H~ this initiative vere apprDpriace fdi '. bandt' .all¢o" ,he ~Ct ,tiiRf'y "'...., 4<ty ~,{ done 80. ' ',', , .,. . 1>~t~'" ::;<tt: t. ~"ae,,, At that t:bie,Mayor Gatto 4s1t:ed t,,"-'r 8«Y 'e'~t8 fr~tbosé prese!!t;. .. . . - -~ i ':·hl Ray Shannon, 1157 Yorkshire Drive, speaking for proponents for the initiative, Welt Cupertino BOmeowt.ets Association, info1'll!'d Council that what he ~ planned to say '.las now IIOOt. Ba felt iJiät t!Ìê tié'SrIJI" dation's options were legal aaion err another petition. i'a e'xpi'è'a the opinion that the initisthe activity had demonstrated .:tìât ttaf"·' Ïic is the number one concer~ in Cupertino and, that there was a great deal of 3upport for t~~ ,etitfon. B. f.lt that the proposed plans and policies in the General Plan Amendment presently being heard were very much what the proponents of the initiative wanted. He expressed concern that they were still not adopted and whether orftOt they would stand the test of tiae. He stat~ t~..t~réasoD, ,foi the petition was permanence. Be stated that he' w_ stlIf1Uterdielf·f6{., , the methods used in estaolishing traffic policies. John Rakich, Vice President, West Cupertino Homeowners Association, 11835 Upland Way, requasted peraission:to ask,the.CityAttorney some questions. He felt t~~t the state did not allow the elector to control its own destiny if they could not control traffic. The City Attorney informed hVA that there were certain things that were municipal affairs, that street traffic was not a municipal affair, it was a state function as all people can use public streets. The state legislature delegates some of the powers of controlling streets to local city cow~cils. In such an instance, a counc11 is acting as an arm of the state. It was clarified that a statewide intiatitve would be appropriate when considering control of streets. Ken Kelly, 7483 DeLaFarge, told the Council that San Jose had adopted "A';, "8". "c" and "D" standards. At one time San Jose had said they would suspend such standards in the east valley and several residents did sue San Jose for taking such action without notifying the people. He aaked why the Council could not adopt those standards. Mayor Gatto explained that the City could not delegate the estab- lishing o~ standards of Cupertino streets and all of their ,uture determin~tions of street standards to a private board. Steven Rays, 22681 San Juan Road, told Council he saw no reason not to a¿opt the initiative and standarde as stated. He felt that since 13% of the registered voters in Cuµertino had signed the petition, they w~re demanding a thorough look at level of service on streets. Mayor Gatto informed him that the Council and Planning Commission have been examining the designa~ions and level of service on City stre£ts and the Council has stated it wants to remove the commute traffie from streets designated minor collectors. It;', o-f the p:',su·; ¡.~l f U.~J. iy ':; '! ;~.¡ .~;-. -:-' " . .. 96 Initiative petition not to be pro- cessed . ""!"~'::-';·"~-:-·~rr~Jo?";;~7:"~·:"'~¡i1~~; ,,-, " "", MINUTES OF TBB JANUARY 3. 1983 CIft C01JNCIL h£J5:r!!fG Lynn Stephenson, 22505 Rolling 8111. Road. asked wily if the Election Code says tbac with 10% of the r«¡Btëted vote" .f8idns the per1Cion an initbUft ..t be OD the next hlUòt. the City AttorDl1 can .., it is not nece..uy. City Attotney Ü1:U1i ae.ted that aII1 coate Cd41S have provided fat that and he gave ........1 citaeiollø. Scott Eppe"Oft. 11411 Bubb Road. 1n4uU.d as to the availabilitY' of tM General Plan stat_u regardius traffic. It was moved by Couóc. Plungy, seconded by Counc. JohDson and p.ssed unanimously that the initiative peticion not be processed specifically on the .dvice óf the City Attorney 8tId that the Cletk provide all pro- ponents with notice of this action. At 8:40 p... the Meting was adjourned. ~ ¿A~_ it Clerk