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CC 04-18-83 , , -. , . , þ' . . '-~';""'~~¡:~~~~~~~~~\F,::T~ CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES or THE REGULAR KUlING or THE CITY COUlfCIL HELD ON APRIL 18, 1983 IN TIIB COUNCIL ClWlBER, CITY BALL CUPERTINO, CALIFOJI1(IA Mayor Gatto called the meeting to order at 6:45 p.m. in the Council Chamber, City Hall. SALUTE TO Tile FLAG ROLL CALL Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Viskovich Director of Parks and Recreation Dowling (left at 10:15 p.m.) Director of Finance Snyder (10:00 p.m.) Associate Pl4nner Piasecki City At":orn~.> Kilian ~7:00 p.m.) STAFF REPORTS 1. Oral reports by staff members and submission of written reports. City Manager's Report Study Session Request - By consensus, Council sat 6:30 p.., April 26, 1983 in the Conference Room as time and place for a study session to r~view acquisition of surplus school sites for parks. Revenue .,nd Expenditure Comparisons - Council asked what "other taxes" were referred to in the report. They also asked why the amount for Mil~itas licenses was so high. They requested a report giving them this information. City Clerk's Report Council was presented with Resolution No. 6080 pertaining to the an~ex- atJ.on designated "Seven Springs 80-,17." It will be considered under the portion of the agenda titled, "Resolutions." By consensus, Couneil requested staff get a copy of SB ~88 regarding STIP and contact District 4 regarding impact on Cupertino. By consensus, Council set May 21 at 8:00 a.m. as the time for a break- fast meetin~; with Rep. Ed Zschau. "'-~~,'<~~;(,~"r:;~' t', CC-606 Page 1 Acqr.i~ition of school sites .Jìi¡60~ _e2 Legislative Review . Consent Calen- dar approved . MINUTES OF THE APRIL 18, 1983 CITY COUNCH. ;mEtING Staff was requeseed to gee a eopy of SB III regarding STIP. Legislative Review Co1llÚttee - It was moved by Counc. Johnson, seconded by Coun". Plungy snd passed unanimously (Counc. Rogers dissenting OD SB 1136) to take the following actions regarding pending legislation: Support AB 1848 (Clute), City Override of LAFCO Determinations Regarding Special Districts. AB 1545 (iIa.migan), Redevelopment. AB 152 (Hannigan), Elections Ballots. AB 1256 (McAlister), Immunity from Tort Liability for Firefighters at the Scene of Hazardous Spill Accidents. Oppose SB 1136 (Richardson), Local Control Over Concealed Weapons Permits. Administrative proposal for additional subvention cuts for 1983-84 to ci~ies and counties. ~t copy of SB 1232 for City Attorney review; get ~opy of AB 91; get copy of SB 637 for review by Assistant to the City Manager. CONSEh"I CALENDAR It was moved by Counc. Sparks, secondad by Counc. Rogers and passed unanimously to approve the Consent Calendar as submitted. 7. Resolution No. 6071: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and D€mands Payable in the Amounts and from the Funds ^s Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending April 1, 1~83." 8. Resolution No. 6072: "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 5, 1983." 9. Request for waiver of business license fee - Northwest YMCA. 10. Application HC-5l,583.1 - Tandem Computers Incorporated - Requesting an exception to Section 6.05.4 of the Sign Ordinance to allow two ground signs in lieu of the one permitted by ordinance. The subject property is located on the south side of Pruneriùgé Avenue, north of Freeway 280, approximately 475 ft. west of Tantau Avenue. Recom- mended fur approval. 11. Resolution No. 6058: "A Resolutio:l of the City Council of the City of Cupertino Approving Contra~t Change Order No. 5 for Monta Vista Park Project 79-53." '. "".,' ..~. þ MINUTES OF TIú: AnIL 18, 1983 CITY COUNCIL MEE'rING IZ. Resolution No. 6071: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of an AgreeDIDt for the Annexation of Territory between the County of Sante Clara, City of Cupertino, and Robert and Karen Rice; Baxter Avenue." 13. Resolution No. 6074: "A Resolution of the City Council of the City of Cupertino Authorizing Cupertino Senior Center Co Apply for $21,000.00 for a Case Manager, the Total Amount of $21,000.00 to be Granted Through Title III B of the Older A8erican ÁCt and Authorizing the City Manager of the City of Cupertino to Execute and Administer the Contraet and all Amenðmentd Thereto Upon Approval of the Application." 14. Minutes of the regular City Council meeting of April 4, 1983. lCC-605) Vote Members of the City Council AYJ;;S: NOES: ABSENT: ABSTAIN: Johnson, None None None Plungy, Rogers, Sparks, Gatto . ITEMS RKlÐVED FROM CONSEIIT CALENDAR 15. None ORAL COMMUNICATIONS ZZ. Members of the audience regarding matters not on the agenda. Alma Dippel, Somerset Court, informed Council that she ,",II working with the Chamber and needed ..Orne pictures of the City and City officials She stated that she wished to help establish a pictorial archive for the City. She stated if the City would appropriate some funds, the Cha~ber would also do s~. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to support the concept of a pictorial archive for the City and the City Manager was directed to work with Ms. Dippel. 16. Proclamation declaring the week of May 1-7, 1983 as "Variety Club Week" in Cupertino. The proclamation will be sent to the appropriate part)'. 17. Proclamation declaring May, 1983 as "Neighborhood Watch Month" in CuperUno. . The material submitted with this proclaDa ,ion was referred to the Public Safety Commission for appraisal and recommendation. 'H CC-606 Page 3 Pictorial archive . Jìi¡60f> _e4 . Request for except ion to outdoor sales use policy deni..d . MINUTES OF THE APRIL 18, 1983 CITY COUNCIL MEETING IS. Proclamation declaring April 30, 1983 as "Scout-G-Rama Day" in Cupertino. The City Clerk will aail the proclamation to the appropriate party. 19. Proclamation declaring Friday, April 22, 1983 as "Spruce up for Spring Day." The proclamation will be sent to the appropriate party. 20. Proclamation deelaring April 26-28, 1983 as "Circus Days" in Cupertino. The proclamation will be sent to the appropriate party. '1.1. Proclamation declaring April as "Fair Housing Month" in Cupertino. Beverly Lawrence was present for Midpeninsula Housing Authority to receive the proclamation. A proclamation declaring the "Great California Resource Rally" will be mailed to the appropriate parties. Council took Item No. 31 out of order. NEW BUSINESS 31. Reqeust from "Peaches Plus" that a Certified Farmers Market be allowed as an exception to the outdoor sales use policy. Associate Planner Piasecki recommended denial of the request for ex- ception to the outdoor sales use policy. Barbara Metzler from Fresno reviewed the concept of Certified Fa~ers Markets with the Council. She stated that they are governed by the Department of Agriculture and their purpose is to put the farmer in direct contaet with the consumer. She felt such markets were helpful to the community and the farmer. The most likely months of operation would be June through the e~d of September. Council stated that they would like to hear from the Chamber of Commerce and local residents and recommended the use permit process. It was moved by Counc. Sparks, seconded by Counc. Plungy to not grant an exception to the policy. Irene Jauch, member of a Certified Farmers Market in P~lo Alto, stated that a Certified Farmers Market must be open to all vendors. The motion was ado?ted unanimously. Council informed the applicant that she may request a use permit. 1605 e 5 . . '. MINUTES OF THE APRIL 18, 1983 CITY COUNCIL MEETING PUBLIC HEARINGS Mayor Gatto announced that Item N~. 23 will be heard after Item No. '1.9. 24. Application I-GPA-83 of City of Cupertino: General Plan Amendment to consider pospible changes to the land use amendment involving development intensity and road alignments for approximately 15 acres of land generally located south of San Jusn Road and west of EI Cerrito Road in the Inspiration Heights subdivision. Recommended for denial. Associate Planner Piasecki reviewed the staff report with the Commission and presented transparencies showing the various parcels involved in the proposed General Plan Amendment. Fred Steiner stated that he was a resident owning three parcels just outside of the study area. He stated there is a need for storm sewers in the area and there is an erosion problem. Dennis West presented transparencies and slides of Inspiration Heights. He pointed out the lots owned by Mr. Bianchi. He referred to goals of the present General Plan stating low density in the hillside and that geographic risks would be considered. Areas of concern were inereased density and therefore increased traffic on the roads. He showed slides of a blind curve on Cordova Road, water runoff and a mudslide on Cordova Road which was closed. He stated that the Monta Vista Fault runs along San Juan Road. According to the General Plan therefore certain things are required to be done prior to development. If further development were allowed, ther~ might be a liability problem. He submitted a petition with 36 signatures requesting that the City Council not amend the General Plan. He submitted his transparencies and slides to the Planning De- partment for the record. Barbara West, 10670 Cordova Road, stated that it is a dangerous narrow road. San Juan is also difficult to negotiate. She stated roads are not in good condition and that Cordova had been blocked for over a month. She stated that residents in the area have legal rights and she was sure that Council wants to uphold the public's health and safety when considering the General Plan. Warren Dunn, Cordova Road, stated that Cordova and San Juan are attractive nuisances for sightseers. Gabriel Rico, 22620 San Juan Road, stated that he wished to corroborate what had been said. Annie Chew stated there are twelve houses on Cordova Road and that the road is suffering from rain. She stated her basement is flooded by water coming down the hill. A ground spring has also ap~eared beside her home. She was recently told that there are many ground springs around San Juan Road. Parviz Namvar, 10875 Stevens Canyon Road, stated that there i& water runoff in the area and requested that no more houses be built there. '~;:-;":;('~"'7,ii)'i"f MINUTES OF THE APRIL 18, 1983 CITY COUNCIL MEETING Nancy Hertert, resident, San Juan Road, said the two major problems are drainage and road positions. Steven Hayes, San Juan Road, stated that he understood that the hearin¡ was being conducted because of potential litigation. He showed some slides picturing erosion of the area and stated that some of those slid took place where El Ce~ito Road is planned to be built to serve Lot 309. The slides showed erosion on Inspiration Heights, Regnart Road an Upland Way. He requested that Council consider public safety whEn making their decision. The City Attorney requested that he submit the slides to the Planning Department for the record. Barre Barnes, 22666 San Juan Road, stated that some of the slides shown by Mr. Hayes are pictures of his retain1ag walls. He stated that when his walls were built they had considered El Cerrito Road. He informed those present that Cupertino is a restrictive area in which to build. It was necessary for him to upgrade his walls in order for them to be accepted by the City. Be felt a person should have the right to develop his or her property. He felt the City has adequate safeguards in their conditions. He further stated that he h. ~n extensive report that says the Monta Vista Fault ~s not on his property. ~ Beth Arnold, attorney representing Kaiser Cement Corporation, informed Council that Kaiser awns property in Inapiration Heights, not in the study area. She expressed concern on behalf of Kaiser regarding the recommendation of lot mergers. Leo Blanchi pointed out his particular lot on a transparency. He stated that planning for development started in the County and re- quested approval of the proposed General Plan Amendment. It was moved by Counc. Sparks. seconded by Counc. Plungy and passed unanimouslytoclose the public hearing. At the recommendation of the City Attorney, Council adjourned to a closed session because of possible litigation (9:20 p.m.). Council reconvened in Council Chamber at 9:37 p.m. with the same Council and staff members present. It wae, moved by Counc. Sparks, seconded by Counc. Johns~n and passed unanimously to find that the public safety, environmental and cost related concerns that warranted the adoption of the policy and land use program in 1976 regarding Inspiration Heights have not changed. þ It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanlmously to initiate a City funded study to plan a circulation system for the Inspiration Heights study area. Said study would plan vertical and horizontal al ignments for a road systeI., which provides ..i·!'~' ¡.-"...o¿ _.,.;1" CC-606 Page 6 Public hearing closed Closed session Insplration Heights con- cerns have not changed Study re circulation plan for Inspiration Heights CC-606 ee7 Merging of lots , , I. I l-V-83 ap- proved. Res. No. 6075 . No action on regulation of electronic games " . ",".":"".,~ . . IWIUTES OF THE APRIL 18, 1983 CITY COUNCIL KUllNG access to each separately consolidated property ownership within the study area. The study would incorporate a geologic asses....nt. The road system study wou]d include a traffic circulation plan encompassing the existing local stree~ network which serves the Inspiration Beigbts neighborhood. Staff will return with the cost and work program for approval by Council prior to the actual study being done. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to initiate proceedi~gs to merge lots of record in the area delineated by Figure '1.D of the General Plan. Hr. Bianchi asked if this exhausted his administrati~e process at the City level. He was informed by the City Attorney that in bis opinion it did. By consensus, Council agreed to hear no new items after 11:00 p.m. Should the agenda not be completed by 11:00 p.o., Council will adjourn to 7:30 p.m., Wednesda¡, April 20, 1983. PLANNING APPLICATIONS 25. Application I-V-83 of Norman Delucchi: Variance from Section 8.2 of the Zoning Ordinance to p~rmit a front yard setback of 15 ft. in lieu of 20 ft. required by Ordinance and Environmental R&view. The project is categorically exempt, hence, no action is required. The subject property is located on the west side of Scotland Drive approximately 100 ft. north of King~bury Drive (1165 Scotland Drive) in a Rl-6 (Residential Single-Family. 6,000 sq. ft. minimum lot size) zoning district. ReLommended for approval. (a) Resolution No. 6075: "A Resolution of the City Council of t~e City of Cupertino Granting a Variance to Norman Delucchi froo Section 8.2 of the Zoning Ordinance to Permit a Front Yard Setback of 15 Ft. in Lieu of 20 Ft. Required by Ordinance; Located on the West Side of Scotland Drive Approximately 100 Ft. North of Kingsburv Drive (1165 Scotland Drive) in a Rl-6 Zoning District." It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 6075. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 26. None UNFINISHED BUSINESS 27. Clarification of Council's request for recommendations regarding regulating electronic game machines. By consensus. Council agreed no further action by staff was necessary and the item could be removcd from the list of Projects Pending. """,', ",. -, '-'~,';' .,.,...." .,._'~ "~".' '·';4"~-'r··:?,i:~':··'''' " ""-'.""'" ..:?;o.~;~'7~'_-:!~;<;'~:>'f,;:: ','" ;,-!,",~'-\èf'">~ '. MINUTES OF THE APRIL 18, 1983 CITY COUNCIL MEETING NEW BUSINESS 28. Report from Cupertino CoUl4unity Center Project Committee by Chair- person Jo Celio. It "as moved by Counc. Plungy. seconded by Coone. Ibgers and passed unanimously to accept the Cupertino Co-.n1t1 Center l'roject ColllllÚ.ttee' recommendation and request preparation of information relative to acquisition, development and use of the Jol~ymsn site. Council com- mended the Committee on ~heir fine work. 29. Menta Vista Design Guidelines. Associate Planner Piasecki reviewed the proposed guidelines with Council. Council questions concerned signage, trees and lighting. It was moved by Counc. Rogers, seconded by ('.cunc. Sparks and pessed unaimously to adopt Resolution No. 6079 approving the Manta Vista Design Guidelines with the following changes: Reduction of sign size, elimination of plexiglass signs and ~hasis on wood signs. Counc. Plungy will work with the Planning staff regarding sending a a copy of the Guidelines to the National Trust of Historical Preserva- tion. PUBLIC HEARINGS 23. Appeal of ASAC denial of a sign peratt by Mitchell Bros. Automotiv Distributors (Application HC-5I,582.9). It was moved by Coune. Sparks, seconded by Counc. Plungy and passed unanimously to close the public heóring. (City Clerk's Note: Director of Finance Snyder arrived at 10:00 p.m. Director of Parks and Recreation Dowllllg left at 10:15: p.m.) It was moved by Counc. Plungy, seconded by Counc. Sparks and passed u~animously to deny the appeal of the ASAC decision. NEW BUSINESS (continued) 30. Discussion of a possible fee structure on development under the proposed General Plan. Director of Public Works Viskovich reviewed the report with Council. Mayor Gatto clarified certain issues and reviewed the history of the propo~al for a fee structure for those present. Charles Newman, Chamber of Commerce, reviewed the document prepared by Dr. Roger Mack and questioned Council regarding the City's current reserves. CC-606 Page 8 Co~nity Center Project Coamittee recolIIIIII!ndatior. accepted Adopt Res. No. 6079, Manta Vista Guidelines Public hear- ing closed Mitchell Bros. appeal denied .606 e 9 . . . ~'':;~~-v.~f1[.~V,.,!'''''f;!~f" r.¡'i"~ '., .....:~\:..~,<.... MINUTES OF THE APRIL 18, 1983 CITY COUNCIL MEETING City Manager Quinlan stated that it was necessary to have approximately 10% of the budget for emergencies. In addition to that, a certain amouot of those funds designated for stora drains were restricted to that par- ticular iteK. The land acquisition transportaion development funds could be used. These funds were originally planned for Highway 85. Construction tax and gas tax monies are available for general use. The environmental impact fund could be used primarily in the Vallco Fashi~n ParL area. At present there are more projects in the Five Year Capital Improvement Program than funds are available for. Items included in the General Plan would be additional as would a police facility. Mr. Newman stated that in the current budget it states that there will be a surplus of $1,000,000. He felt the City should be e~couragin8 companies to develop. John Sobrato, Valley Green Drive, aeked que4tions regarding the proposed tax and how they would be applicable to him. He does have his building permit. He asked if he had any vested rights based on the premise of trip ends. It was suggested that he consider amending his use permit to read office rather than industrial. John Vidovich, De Anza Forge, inquired as to trip ends versus second tier fees. He felt it was not fair to pay for trips and second tier. The Mayor informed him it is not the intent of the City to eharge twice. Mr. Vidovich also felt the residential fees as proposed were high. He felt that the General Plan had stated that the City would encourage residential development. He felt this was not in accordance with that policy. He suggested that the City find an alternative to the ~MR progralll. Jason Chartier stated that he has suggested the City buy housing for BKR's as t~ey do not have to be new homes. He re~uested the Council consider whether or not residential is being eharged more than its fair share of the total fees. John Volckmann, Stevens Creek Boulevard, asked for a definition of approved projects. He believed he should be given credit for building underground parking when it was not required for him to do so. He suggested Council examine the proposed fees closely so the City does not price itself out of the marketplace. He recommended that some surplus be used. The City Attorney sLated that at the second tier level a development agreement could be signed. If there is a tax, it should be paid at the time of acquisition of the building permit. Walter Ward, Vallco Park, asked if there would be credits and special considerations for major developers. Robert Wagner, representing Cali, Town Center, inquired regarding development agreements. He felt 'hat the fees should be paid at time of occupancy rather than at time of receiving a building permit. . .- . . ;',. "." ; "'" .~" . \. MINUTES OF 'lBB APRIL 18, 1983 CITY COUNCIL MEETING Brad lCrouskup representing Carl Swenson asked if it would ba diffuat for those witb undeveloped propeny and those redeveloping. Be wu particularly interested in the Cupertino Rursery sita. Mr. Vidovich inquired if the City haa the pO'ofer to replace the BMR pro- gram. He was inf01'll6d by the Mayor that it does if it has s01lllthing with which to replace it. It was stated that an in lieu fa. could be charged for purchaae of units. Couneil discussion followed regarding definition of first and second tier and whether to decide whether to set fees per square feet or decide fees on a case-by-case basis. At 11:58 p..., Council adjourned to 7:30 p.m., Wednesday, April 20, 1983 to continue the meeting. A2 ~ ~ (' ~:, ~I:;;> City Clerk CC-606 Pase 10