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CC 03-21-83 , , .... ~ t . !,.,,:.,O:',"'" ._~: ',:.~'"7"~'" .0 .~, ,r,'.¡'H'" ._~~-::'(r:7::"-.~~. .,'", CITY OF CUPBIlTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MIRUTBS or THE REGULAR MEETIHG at 1BB CITY COUNCIL HELD ON MARCH 21, 1983 IN THE COUlClL CHAMBER, CITY HALL CUPERTINO, CALlftaIA Mayor Gatto called the meeting to orderat 6:50 p.m. in the Council Chamber, City Ball. SALUTE TO THE FLAG ROLL CALL Counc. 'Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: City Kenager Quinlan City Clerk Cornelius Director of Public Works ViSkovich Director of Planning and Ilegelopment Sisk Director of Parks and Rec~ea£1Dn Dowling (left at 8:30 p.m.) Assistant to the City Mauaser Brown (left at 8:40 p.m.) City Attorney Kilisn (6:55 ....) STAFF REPORTS 1. Oral reports by staff members and suba1..1o~ of written reports. City Clerk's Report - By consensus, Council accepted the resignation of Library Commissioner Rob~rt Sabath and set 6:30 p.m., ~~nday, May 2, 1983 as the date of interviews of applicants for thót position. Dead- line for submitting an application will be wedaesday, April 27, 1983. COUNCIL REPORTS Counc. Johnson - Legislative Review Committee - It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to take the following actions regarding pending legislation: Support AS 13 (Campbell), Island Annexations. SB 163 (Watson), Family Day Care Homes. AS 647 (Bradley), Attorney's Fee in Public Interest Lawsuits. sa 514 (Deddeh), Transportation. Oppose. SB 259 (Mello), Special Bill for Single Land Developer. SB 924 (Maddy), Expansion ~f Grand Jury Investigatiofis to Cities. AS 1767 (Wy~n), Inspectlon of Publlc Records. CC-601, Page 1 Sabath resig- nation from Library Com. accepted Legislative Review Com. actions i Consent Calen-IIt was moved by Counc. Sparks, seconded by Counc. Plungy and passed dar approved iunanimously to approve the Consent Calenò~r. I iVote iAYES: iNOES: ~SENT: ABSTAIN: ¥; Sister City slides . . 'ceo '~,: - . :.' _~~.. .."",,<:~ "',",'.,. ...·c..,·.-,.'" .. .. .1,.~~,¡o'.f.'·: " . ," ":~~:~:~~;Jt~~{:~,::::·,,(:-"; "';'-"~:.<;, MINUTES OF THE MARCR 21, 1983 CITY COUNCIL HEI:TING AS 696 (Cortes..), County Referrdl of Land Use Proposals t~ C1ti.., was .~ferred to the Director of Planning and Development. Counc. Plungy - Sister City Committee - Counc. Plungy presaneed a slide show of the Sister :ity trip to Ivrea, Italy. CONSENT CALENDAR 7. Resolution No. 6048: "A Resolution of the City Council of eM City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from the runds as Here1nsfter Described for Genoral and Miscellaneous Exrenditures for the Period End::'ng March 4, 1983." 8. R..solution No. 6063: "A Resolution of L"~ City Council of the City of Cupertino Authorizing Execution of U~ility ~locae1OD Agree- ment between t'~ City of Cupertino and the Santa Clara Vlley Water Distrtct, Vicinity of the Interseetion of Impe":ial Avenue and Granada Avenue in the City of Cupertino." 9. Resolution No. 6064: "A Resolution of the City Council of the City of Cupertino Setting the Time and Place for Public Hearing for Consideration of Annexation of Area Designated 'Footb!11 :o~!=- vard 82-03'." 10. R~quest for waiver of husineas license fees. (a) American Cancer Society. (b) Camp Fire, Inc. 11. Acceptance of City projectp. performed under contract. (a) Three Oaks Park Street Improvements, Project 80-28. (b) Corporation Yard Parking Lot Resurfacing, Project 79-16. 12. Resolution No. 6065: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Improvement Plans of Property Located on Stevens Creek Boulevard East of Byrne Avenue; Developer, Terry Brown, Authorizing Execution of Improvement Agreement, Authorizing Signing of Parcel Map and Improvement Pl"ns." Members of the Ci~y Council Johnson, Plungy, Rogers, Sparks, None None None Gatto . . . ~'"-r"'''' ='. ,·:-"...;..·.1..;:, -0",,",;,.:.'.: MINUTES OF THE MARCH 21, 1983 CITY C\JUNCIL MEETING ITEMS R.JM>VED FROM CONSENT CALENDAR 13. None ORAL COMHUN~CATIONS 14. Prorlamation designating April 4-10 as "Cancer Awareness week" in Cupertino. The City Clerk was directed to forward the proclamation to the appro- priate person. ]5. Members of the audience regarding matters ~ot on the agenda. None PUBLIC HEARINGS 16. Application I-CPA-80, City of C..lpertino: General Plan Amendment to consider a comprehensive amendment to the City of Cupertino General Plan and a specific plan for the Stevens Creek Boulevard Planning Area. The General Plan Amendment will concentrate on land use, traffic circulation, housing and economic issues which affect the entire community. The Stevens Creek Boulevard Specific Plan will concentrate on the development of a more detailed land use, circulation and urban design plan for properties which abut the reach of Stevens Creek Boulevard betveeu Stelling Road on the west and Stern Avenue on the east. Counc. Rogers requested that the record show what the effect Council's tentative decisions would hav~ on the jobs/housing balance.* Nancy Burnett, 729 Stendahl Lane, spoke in regaLd to the amount of de- velopment allowed at the top of the aecond tier. She stated that no one seemed to want to build housing. Sh~ expressed concern regarding traffic problems and stated that the density at Vallco Park al~ Town Center would be formidable. She urged Council not to make a final de- cision reg3rdin& the 12.8 million sq. ft. allowance until traffic fig- ures are available. John Kontrabecki, Berg & Berg developments, spoke r¿garding properties to be developed outsidc of the Core Area. Frank Juszczyk, Grosvenor International, asked how developers would be granted additional density. Would it be on a first come-first served basis? Ann Anger, Menta Vista, stated that only a small area was being ~on- sidered for high intensity. *CITY CLERK'S NOTE: Jobs/housing ratio at second tier growth - Corporate limits, 1.55 Urban Service Area, 1.37 cc-604 Page 3 .~ Public hearing closed . SUlIIID8ry of Tentative Decisions ratified . I '-~-Y~~'7'rt~~'l:"'9:'-"r~'f'~~- " MINUTES OF THE KARCH 21, 1983 CITY COUN::IL MEETINC It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to close the public hearing. Council expressed some concern regarding a hotel to be located in Town Center and reaffirmed thst the number one priority for a hot~l is Vallco Park. It was recollllended that there be a policy statement included that there is no automatic "green light" for a hotel in Town Center. Council agreed that outside the Core Area, FARs would be .33 for office space and .24 for commercial as per Planning Coœmibsion recommendation. There would be no increase of density outside the core IIr' ,a. The Vallco Park allocation will apply to the entire Vailco Park Planning Area desig- nated as south of Pruneridge, west of Wolfe, north of Stevens Creek Boulevard with the easterly edge being the City boundary. This includes the undeveloped southern portion of Vallco Village. Properties outside the Core Area may not request part of the 450,000 sq. ft. pool. Vallco Park and Town Center property owners are also excluded from the 450,000 sq. ft. pool allocation for this amdnement. The Director of Public Works was directed to work with neighborhood groups for suggestions and input regarding road implementation plan and traffic improvements. Council requested the total 8IDOunt of the roal¡ system as figures could be "backed Gut" should certain improvements not be desired. The Director of Public Works will contact Mr. Ray Shannon of the West Cupertino Homeowners Asaociati~n regarding the setting up of a eommittee. Counci' requested a work session at a later date in regard to lrafffc impacts on Blaney. At that time, it could be decided if a more formal meeting were necessary. It wad moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to ratify the Summary of Tentative Decisions as presented in the Planning Director's report with answers to the questions in the report as follows: 1. Yes. 2. No.3. No - excluded Vallco Park and Town Center. Inside the Vallco Park Planning Area as designated above, the property owners will decide on the a:location. If Vallco Park or Town Center do not use all square footage allocated, they C3nnot give any unused allocation to the other (CITY CLERK'S NOTE: Director of Parks and Recreation Dowling left at 8:10 p.m.) 17. Model Hazardous Materials Storage Ordinance as referred by the Intergovernment Council. (a) First readlng of Ordinance No. lZZO: "An Ord'nance of the City of Cupertino Adding rhapter 9.1Z, Hazardous Materials Storage, to the Cupertino Municipal Code." . . . MINUTES OF THE MARCH Zl, 1983 CITY COIJNCIL MEETING The City Manager reviewed the model ordinance with Council. John O'Halloran. General Kanage~ of the Santa ClaIa Valley Water Dis- trict, stated that contaminants have been found in at least one well in the area. ,He would like this type of, ordinance enacted. ' . ' . John West, Siemens Corporation, stated that the model ordinance is extremely complex and technical. He felt that the State law was more appropriate. He also stated that the problem of hazardous materials storagE would not be solved unless everyone passed the proposed ordi- nance. He suggested that Council adopt a resolution urging" the Stat Legislature to consider a bill. Tom Robinson, Hazardous Materials Storage Task Foree, stated that the economic consequences of the proposed ordinance would have a big impact on oil distributors. He expressed concecn regarding the double con- tainer requirement on new installations. He stated that present modern systems have proven reliable. He felt that the grandfatherir.g in the proposed ordinance was ambiguous. He alao asked about "dewater- ing systems." Frank Fidossi, Shell Oil Co., submitted a book to the City Clerk for the record. He stated that Shell ia ~hanging their storage tanka. He felt that the NFPA, Cal Osha and the Fire Code as well as other agencies cover the problem addressed in the proposed ordinance. He felt the secondary containment was "overkill." He also stated that an economic impact study should be done and that guidelines should not be at the whim of the fire department but should be a specific part of any ordi- nance. He felt that Shell Oil is currently satisfying the intent of the proposed ordinance and that the replacement program should be accepted. He also recommended that Council wait for IGC's recommenda- tion regarding the petroleum issue prior to enacting any ordinance. By consensus, Council continued the public hearing to May 2, 1983 and referred the proposed ordinance to the Public Safety Commission <or a hearing. The Council requested that the Commission look at Santa Clara's ordinance, look at the petroleum study and methods of monitoring and look at any explosion ¡>u':'Jibility. Council req"ested that inter- ested parties be notified of L~e Public Safety Commission's hearing. In regard to liability, the Cicy Attorney sta~ed that there were two areas: one would be enfoL~~~ent, and he recommended a hold harmless agreement with the Centrâl fIre Protection District should they be the ones enforcing the proposed ordinance; and two, the setting of standards He expressed concern should the City adopt such an ordi~ance and not enforce it. He recommP'ded that standards not be ad~pted if they are not going to he enforced. (CITY CLERK'S NOTE: Assistant to the City Manager Brown left at 8:40 p.m.) CC-604 Page 5 Hazardous materials storage ord. continued -: HC-5l,582.9 continued . Public hearing closed 2-1J-83 appn'ved . ...~~..-~..:"",r...,:....,..-,-,....v~,~,r.~, ,. __ . ..,'Y'..",r. , , '."'~;~'~'~'''II'':JF~~.,,^ ·,J;'I.;, '.:1,..;:.. :'~"":>:. ML'WrES OF THE MARCH 21, 1983 CITY COUNCIL MEETING 18. Appeal of ASAC denial of a sign permit by Kitchell Bros. Automotive Distributors (Application HC-5l,582.9). By consensus, Council continued hearing of this appeal to their meeting of April 4, 1983. 19. Application 2-U-83 of Kitchell Bros. Auto Parts: Use Permit to allow the reconditioning of engine parts (lISchine shop) in an ex- isting retail automotive parts store and Environmental Review: The Planning COIIIDiasion recoaaends the granting of a Negative Declaration. The subject property is located within the Monta Vista Coaaercial Area on the northeast corner of Stevens ~r~ak Boulevard and Adriana Avenue in a P (Planned Development with neighborhood commercial, incidental industrial and residential intent) zoning district. Recommended for approval. Director of Planning and Development Sisk reviewed the appeal with the Council. Mr. Kitchell, Monta Vista, stated he could not understand why he would be required to install a ten foot sidewalk when those around him are only five feet. Wes Williams, 10067 Byrne Avenue, expressed concern regarding the use permit. He stated that in the Menta Vista area the homeowners sre trying to encourage foot traffic. He also stated that he was not sure that h~ wanted another engine repair shop in Monta Vista as there is one just a few blocks away. He atated that it generated a lot of traffic and requested that Council deny the use permit. Ann Anger, Monta Vista, stated that the City has spent a lot of money to improve downtown Monta Vista. She requested as many trees as possible and that this would required ten foot sidewalks. She ststed that that particular use permit is not what is wanted in Y.onta Vista. Mr. Mitchell stated that he had been coming to Council meetings for about five months now. He has a small business and he lives in Monta Vista. He felt he was not creating a problem but was actually upgrading the area. It was moved by Counc. Plungy, secondéd by Counc. Sparks and passed unanimously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with Counc. Rogers dissenting to avprove the application per Planning Commission Resolution No. 2372. Director of Planning and Development Sisk informed Mr. Mitchell that the approval per the Planning Commission Resolution required that he comply with the conditions or the City would take the necessary steps to eliminate the present illegal use of the property. ~ ;....-; ", .. -~','i17"."::-;'-:;-'" t MINUTES OF THE MARCH 21, 1983 CITY COVliCIL MEETING 20. Appeal of ASAC decisioD, Application BC-51,180.12, De Anza Professional Center. Edwin J. Myers, architect representing Dr. Frangadakia, introduced Dr. Frangadakis. Dr. Frangadakis infor1lll!d Couocll that he plans to continue to illprave his property but he does DOt wish to be tied to a time fr...., particu- larly because of the ecOllOllJ'. He stated that he has had 80M autclwls done regarding improvementa but has DO final plan at this time. Be felt that $85,000 of impr~nts for a $2,000 sign sounded unreasonable It was moved by Counc. Sparta, seconded by Counc. Johnson and passed ur.3nimously to close the public hearing. It was appeal time. Sparks moved by Counc. Jolmson, seconded by Counc. Plungy to deny the Inthout prejudice so the perait could be amended at SOlIe future The IIIOtion was defeated with Councilmeabers Gatto, Rogers and dissenting. t It was moved by Counc. Sparta, seconded by Counc. Rogers and passed with Counci1melllbers Plungy and Johnson dissenting to grant the appeal of ASAC conditions requiring t:q scr~ening of roof appurte~ances and installation of a masonry wall between the commercial property and adjoining residential property. PLANNING APPLICATIONS 21. Application 8-U-83 of Monta Vista Properties (Terry Brown): Use Permit to construct two residential dwelling units and Environmenta Review: The project is categorically exempt, hence, not action is required. The subject property consists of .2 aere located an the south side of Stevens Creek Boulevard approximately 200 ft. east of Byrne Avenue in a P (Planned Development with residential intent) zoning district. RecOW8ended for approval. Director of Planning and Development Sisk reviewed his report with Council. It was moved by Counc. Spark3. seconded by Counc. Rogers and passed unan imously to approve Application 8-U-83 per Planning Commission Resolution No. Z375. . ZZ. Application 3-U-83 of Pacific Properties (Sahara Sands Apartments): Use Permit to add two a~ditional second story unit& to an existing 33-unit apartment complex and Envi'u"=c~tal Review: The project is ca:egorically exempt, hence, no action is required. The subject property is located on the north side of Fallenleaf Lane between Saratoga-Sunnyvale Road and Westlynn Way in a P (Planned Develop- ment with multiple faaily residential inent) zoning district. Recommended for approval. CC-604 Page 7 Public hearing " losed Motion defeated Appeal granted for BC-5I,180.l2 8-U-83 approved .: . 3-ij-83 approved . ~.",r ''''-;''.,~~~/~I:'~,r-~:'~' MlNDTES OF THE KARCH 21, 1983 CITY COUNCIL MEETING Director of Planning and Development Sisk reviewed the site plan with Council. Jill rox of Pacific Properties reviewed the proposed addition with Council and was available to answer questions. Bruce Sebrian, 1044 Westlynn Way, presented a petition signed by area residents who are against the application. He also submitted pictures of the area. He stated that as it was his building received little sunlight and with the addition it would probably receive even ¡ess. There would also be less privacy. He expressed concern that this addition might hinder the sale of surrounding homes. He also spoke on behalf of neighbors trying to sell their home and were against the addition. He stated that parking overflow was also a problem. Mr. Alex Gernert, 1052 Westlynn, stated that he was not in favor of adding to this building. There were problems with overflow parking as well as unenclosed trash containers. He also expressed concern regarding whether or not four additional parking places would be installed. He requested that the trash area be moved and the mobile home at the back of the parking area be removed. He stated that the mobile home was using electrieity from the complex. Jim Fox stated that the walls around the trash container were being extended to six feet. He hoped to get four and possibly even more parking places in the lot. In regard to the noise, he stated that the addition of the two apartments would help block out noise. Mr. FClX informed the Council that the trailer does belong to a resident of the apa~tment building. He had not seen it using electricity from the apartment. He stated that he would have it removed from the parking lot, but it is that resident's parking place and is a mobile vehicle. It was moved by Counc. Johnson, seconded by Counc. Sparks and passed unanimously to approve the application per Planning Commission Resolution No. 2379. Staff was directed to work with the applicant to get as many additional parking places as possible. RECESS: 9:40-9:50 p.m. 23. Application 6-U-83 of ABC Electric, Inc.: Use Permit to construct a two-story office building consisting of approximately 3,200 sq. ft. and Environmental Review: The Planning Commission recom- mends the granting of a Negative Declaration. The subject proverty is located on the northeast corner of Stevens Creek Boulevard and Foothill Boulevard in a P (Planned Development with office intent) zoning district. Recommended for approval. Director of Planning and Development Sisk reviewed the staff report with Council. . . . ""'-"':""';::-:-'-.}"":'-j' MINUTES OF THE MARCH 21, 1983 CITY COUNCIL MEETING Louis Hop Lee, lawyer representing the applicant, stated that he with the conditions of the approval except for Condition No. 16. Sisk stated that Condition No. 20 should read .38. agreed Hr. Kenneth Elvin, architect, submitted a model of the proposed building. Discussion followed regarding landscaping on tbe easterly side and the possibility of moving the building forwa~d five feet. Mr. Elvin state~ that the proposal uses the present foundation on the site and part of the wall of the existing building. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 6-U-83. It was moved by Counc. Sparks, seconded by Coune. Plungy to approve Application 6-u-83 per Planning Commission Resolution No. 2380 with Condition No. 16 amended to read 17 ft. and Condition No. 20 amended to read .28. The motion and seeond uere withdrawn. It was moved by C~une. Sparks, seconded by Counc. Johnson and passed unanimously to table consideration of this apnlication to the meeting of April 4, 1983. At that time the architect shall submit plans and drawings of what is actually proposed to be built. Director of Public Works Viskovich shall also present Council with road configurations. It was moved by Counc. Rogers, seconded by Coonc. Plungy and passed unanimously to continue Agenda Item No. 30 to the meeting of April 4. 24. Application 4-U-83 of Carl N. Swenson (Itsuo Uenaka): Use Permit to construct a four-story office building consisting of approxi- mately 74,700 sq. ft. and Environmental Review: The Planning Com- mission recommends the granting of a Negative Declaretion. The subject property is located on the west side of North De Anza Boulevard approximately 200 ft. south of Mariani Avenue in a P (Planned Development with General Commercial, Industrial and Resi- dential intent) zoning district. Recommended for approval. Director of Planning and Development Sisk reviewed the proposed applica- tion with Council. Brad Krouskup of Carl N. Swenson, representing the property owner, introduced Mr. Bill Corsick, Head Designer for Carl N. Swenson Co. He passed photos of the present garden which will be a focal point of the new development. Mr. Krouskup poirted out that with the application they were requesting part of the second tier. Staff pointed out to Council that it would be necessary to add a con- dition giving reference to a fee process under the new General Plan if the applicant does not have a building permit prior to the arloption of the new General Plan. -. ,-....-.-..'~... CC-604 Page 9 Negative Dec. for 6-U-83 6-U-83 con- tinued Slìli04 .10 Negative Dec. for 4-U-83 4-U-83 approved . Negative Dec. for 2-U-76 (Revised) 2-U-76 (Rev.) appro"/ed . ~~,r",'¡'1f';:~7'~ , ~""'" MINUTES OF THE MARCH 2l, 1983 CITY COUNCIL MEETING It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 4-U-83. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application 4-U-83 per Planning Commission Resolution No. 2381 with Condition No. 23 amended by adding the following sentence: "Height of the building shall be measured by averaging the highest and lowest curb· elevation along North De Anza Boulevard" and adding Condition No. 28 referring to a fee process under the new General Plan should the applicant not have a building permit by the time the new General Plan is adopted. 25. Application 2-U-76 (Revised) of Vallco Park, Ltd. (Vallco Village), Phase II): Modification of existing use permit to allow a restaurant/ bar and expansion of an existing 2,300 sq. ft. building by 1,000 sq. ft. and Environmental Review: "The Planning Commission reco... mends the granting of a NEgative Declaration. The subject property is located on the west side of Wolfe Road in a P (Planned Develop- ment with commercial, office and recreational intent) zoning district. Recommended for approval. Director of Planning and Development Sisk reviewed the requested revision with the Council and discussed a possible deficit of parking in the area. Walter Ward,. General Manager, Vallco Park, Ltd., stated that if the phasing memo is still in effect, this restaurant/bar and expansion could not be built. He stated that he has a surplus of four parking spaces, not a deficit. Vallco Village will be restriping. He stated that he has no trips to transfer; however, trips could be transferred from the Vallco financ~al center. He reuqested that Condition No. 16 of the application be deleted. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to grant a Negative Declaration for Application 2-U-76 (Revised) . It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to approve Application 2-U-76 (Revised) per Planning Commission Resolution No. 2383. Mr. Ward was informed that a letter stating transfer of trips from the financial area of Vallco to Vallco Village would comply with Condition No. 16. 26. Application 5-U-83 of John Indiveri (Cristie Troy): Use Permit to add a second story to an existing single-story residential duplex and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the north side of Bollinger Road between Aldelbrook Lar~ aad Lancer Drive at 6435 Bollinger Road west of Miller AVénue in a P (Planned Development with duplex intent) zoning district. Recommended for approval. . . . ~:0"~~, ""-"~ , ""-.- .,,' MINUTES OF THE MARCH 21, 1983 CITY COUNCIL MEETING John Indiveri, stated that no currently is. applicant, reviewed the application with Council and more wster would be going to the neighbor's side yard the There will be a gutter completely around the addition. Mr. T. Weng, neighborina property owner, ststed tbat there was seandina water under his house. He felt this was a major concern. There is approximately 9 ft. between the two houses and the area is shaded at all times. He felt that the water should be proper:l.y channeled and was willing to work with bis neighbor. It was moved by Counc. Rogers, seconded by Counc. Johnson and patsed unanimously to approve Application 5-U-83 per Planning Commission Reso1u tion No. 2384 with the addition of Conditio', No. 18 stating that the applicant will resolve the problem of water ~raining onto the neighbor- ing property. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 27. None UNFINISHED BUSINESS 28. Award of contract for Bollinger/De Anza Boulevard Modification. It was :DOved by Counc. Plungy, seconded hy Counc. Rogers and passed unanimously to continue this item to the meeting of April 4, 1983. 29. Discussion and clarification of fence location - Oakdell Ranch (Woolworth Construction Co.). (a) Resolution No. 6058: "A Resolution of J:he City Council of the City of Cupertino Declaring its Intent to Conduct a Public Hearing Concerning the lbandoned Building at the Northeast Corner of the Interseetion of Foothill Boulevard and Stevens Creek Boulevard." Director of Planning and Development Sisk reviewed tñe history of the Oakdell Ranch fence and landscaping with Council. Al Woolworth, developer, stated that he had filed a $10,000 landscaping maintenance bond and felt this should be used for what the City was requesting. Mr. Art Robertson, Oakdell Place, expressed concern regarding the transition between the brick entry wall and the cast concrete wall. He objected to Council's recommendation. He felt that the Clty staff was responsible for the wall in its present location and felt therefore the City should remove the wall at ground level and build an appropriate one. He felt this should be done at the City's expenÐe. Ken Klinkowski, 10010 Phar Lap Drive, adjacent property owenr, stated that Mr. Robertson did not live close t~ that area and requested that the Council eonsider him because of hJS Droximity to the location being discussed. He stated that if a driver pulls up past the wall to the white line, traffic can be seen, He requested that the wall not be moved. CC-604 Page 11 S-U-83 approved Award of contract continued .04 12 Use of main ten ance bond for improvements rANO. 9""J!1!11!42 adopted Revised CDBG allocat ions Po...ell claim rejected Cablecasting .etings KlNUTES OF THE MARCH 21, 1983 CITY COUNCIL MEETING It was moved by Counc. Sparks, seconded by Counc. Johnson to use the $10,000 maintenance bond to provide necessary landscaping, addi~ional pilasters and to close the open area between the two fences with brick. Sue Loosse, l0041 Phar Lap Drive, ltated thst the fences on the two sides were different. She felt the wood W8S unattractive. She also stated that people park in red zones along Stevens Creek Boulevard. Ann Robertson stated there was a problem for people crossing the street. They eannot be seen, and there is a lot of traffic in the area. Mr. Klinkowski requested that some landscaping be maintained. The motion was passed unanimously. NEW BUSINF.SS 31. Vallco Park Asses&ment District, AD 64-1. (a) Resolution No. 92$.42: "A Resolution Dedaring Surplus and A~thorizing Application Thereof, Vall eo Park À~sessment District, Project AD 64-1." It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 925.42. 32. Revisions to allocation of 1983-84 Community Development Block Grant Funds. It was moved by Coune. Sparks, seconded by Coune. Johnson and pasded unanimously to approve revision of the allocation of 1983-84 CDBG Funds as follows: Housing Rehabilitation - $IOO,OOO, ~ntd Vista Street Improvements - $70,000. 33. Claims for damages filed by James Joseþh John Powell. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously the reject t;,e claims for damages filed by James Joseph John Powell and direct the City Clerk to notify the claimant. 34. Request for appropriation for purchase ~f television equipment. Per staff request, this was re~ved from the agenda. 35. Consideration of continuing cablecasting of City Council and Planning Commission meetings. Council discussed various aspects of cablecasting of meetings such as color vs. black-and-white, the glare and heat caused by the lights. By consensus, this items was continued to the meeting of April 4, 1983. · . MINUTES OF THE MARCH 2l, 1983 CITY COUNCIL MEETING t WRITTEN COMMUNICATIONS 36. None ORDINANCES 3ï. Second reading of Ordinance No. 1219: "An Ordinance of the City of Cupertino Amending Chapter 2.12.040 of the Cupertino Municipal Code Regarding Number of Votes Required to Paos an Ordinance." 1 t was moved by Coun.:. P1ungy, second·,d by Counc. Rogers and passed unaniDously to read Ordinance No. 1219 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unant.üusly to enact Ordinance No. 1219. RESOLUTIONS 38. None NON-AGENDA BUSINESS 39. Recognition by Mayor of special requests. IÞ None At 12:35 a.m., Council adjourned to a elosed session. At 12:45 a.m., the .eating was reconveneð with all Councilmembers present as well as City Manager Quiulan, City Attorney Kilian and City Clerk Cornelius. Mayor Gatto announced that no action had been taken in closed session. At 12:46 a.m., the meeting was a~journed. ,,12¥ ¡£4 " .. CC-604 Page 13 Second reading of Ord. 1219 Ord. No. 1219 enacted Closed session