Loading...
CC 08-01-83 , þ þ þ þ ~ --<"""';;. 't' . . CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Tel£phone: (tOa) 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 1, 1983 IN THE COUNCIL CHAMBER, CITY HALL, CUPERTINO, CALIFORNIA Mayor Gatto called the meeting to order at 6:45 p... in the Council Chamber, City Hall. SALUTE TO THE FLAG ROLL CALL Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: City Manager Quinlan City Clerk Cornelius Director of P"blic Works Viskovich Dire~tor of Finance Snyder Assistant Planning Director Cowan Assistant to the City Manager Drown City Attorney Kilian SELECTION OF MAYOR AND MAYOR PRO TEMPORE CC-617 Page 1 It was moved by Counc. Sparks, seconded by nominate Counc. Plungy as Mayor. Counc. Rogers to ~lungy nomin- ated Mayor It ...as moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously with Counc. Plungy abstaining to close the nominations. It was moved by Counc. Sparks, seconded by Counc. Rogers to nominate Phil Johnson as Mayor Pro Tempore. It was moved by Counc. Gatto, second~d by Counc. Sparks and passed unanimously with Counc. Johnson abstaining to close the nomin~tions for ~ayor Pro Tempore. RECESS: 6:55-7:00 P.M. ~eeting convened with ~ayor Plungy presiding STAfF REPORTS 1. Oral reports by staff members anà submission ùf written rep~rts. Johnson nomin- ated Mayor Pro Tempore CC-617 . !a2 sw sub- ventions I.ance Highway 17 Res. 6147 it Legislative Review eneral areas of subventions be cut. : By consensus, Council requested the impact on the City should State Insurance Coverage: By consensus Council requested that the insurance broker address Council regardìng the City's insurance and that the second home on Poppy Drive be added to coverage. Request from Alameda County: It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 6147 regarding funding for Highway 17. Ci·-ic Center ivic Center and City Hall Lower :'evel Modification: By and City consensus, Council requested that the Civic Center plan be Hall lower held in abeyance and that a work session be scheduled in level September for the City Hall conceptual planning. Parking on Highway 85 Parking on Highway 85 Right of Way: The City :-tanager was irected to continue to pursue solving this problem. Voting dele- Designation of Voting Delegate for League of CaliC.:>rnia gate for ities Conference: It was m.:>ved by Counc. Gatto, secondpd LCC by Counc. Sparks and passed unc:nimously to appoint Mayor . Plungy as the voting delegate with Mayor Pro 'l'empore Johnson as alternate. Advisory bodies Cit Clerk's Re ort Advisor¡ :Jodif>5: By cor.sensus, Council re<luested that appllcations be accepted until Septembc~ 16, 1983 with interviews to held Tuesday, September 27, 1983, 6:00 p.m. ,;aiver of business license fees fo~ California League of Conservation Voters: It was moved by Counc. Rogers, seconded by Counc. Gat~o and passed unanimously to approve ....aiver of fees. STIP: Council requested a summary of this document. Enabing ord. City Attorney Kilian announced that he has prepared a draft for develop- enabl i ng ord i nance fOI development agreement5. ~~ayor ment agree- Plungy and Counc. Gatto will serve on a review committee. ments . . Legislative Review COlWCIL REPORTS City .>election Committee, Intergo\'ernmental Council, Inter City Council and ~ayor's Conference were assigned to ~ayor Plungy. !1ayor Plungy deleted the Tra f f ic Reduct i on Subcon~ittee. Counc. Rogers is First Vice President of the League of California Cities Peninsula Division. Counc. moved passed 1984. Johnsen: Legislativ-1 Review Committee by Counc. Johnson, seconded by Sounc. unanimous~y to suppor~ ~he Parklanc's I twas Gatto and Bond Act of - .--..-..0- . þ þ þ . <".';-~:~. "'7W ~«.~r~.·' CONSENT CALENDAR It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to approve the Consent Calendar as submitted. 7. Resolution No. 6140: "A Resolutic.l of the City Council of the City of Cupertin... Allowing Certain Claims and Demands Payable in the Amo~nts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending July 12, 1983." 8. Resolution No. 6141: "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 General and Miscellaneou~ Expenditures for the Period Ending July' 15, 1983." 9. Resolution No. 6142: "A Resolution of the City Council of the Ci ty of Cupertino Author izing Execution of Agreement with ~ohle, Perry & Associates providing for Inventory of Traffic Control Devices." 10. Resolution 1~0. 6143: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes frem Ronald L. Edwards and ~hirley A. Edwards Consisting of Approxim~tely .005 Acres, Located McClellan Road and rlira Vista." II. Acceptance of Clty projects performed under contr~ct: (a) City Hall Basement Modification project 79-56, Plumbing, Fire Sprinkler and Mechanical. (b) City Hall Basement r1odification Project 79-56, Electrical. (NO documentation nec~ssary.) 12. Application HC-5I,075.J32 - Vallco Park, Ltd. (Tandem Computers, Inc.) - Site, architecture and landscaping approval for conversion of a portion of the existing off-street parking area to a satellite communication antenna station with peripheral equipment. The subject property is located at 19333 vallco Parkway east of and proximate to the J. C. Penney parking area of ,allco ëashion Park. Reco~mended for approval per ASAC Resolution No 1060. CC-617 Page 3 Consent Cal- ell4ar approved CC-617 P.4 . . . . '~->"~''¡¡:;or~-~'-''''C' -~~~'~~_:"'''''ir'C;Jr::''~~''-~-~'~~-'''"''-''_-''~Q~;-...If;_ ," '" ,"" ,. ','.' '. 'r~~~~r~{!~:"'?" 13. Appllcation HC-Sl,01S.715 - California Good Earth, Inc. (Fontana's Restaurant) - Site, architectural and land8caping modifications for remodel of an existing retaunnt (foraerly known a~ "Pablo's"). The 8ubject property is located on the south 8ide of Stevens CreeJr Boulevard, ea8t of and acijacent to thlit P08t Of tic.. branch. Recommended for approv41 per ASAC Re801ution No. 1061. 14. Rerolution No. 6144: A Re8olution of the Ci ty Council of the City of Cupertino Setting Time and Place of Hearing for Consideration of Report and A8se8s_nt Li8t of Abatement of Weeds Declared to be a Public Uui8ance." 15. Minutes of regular meeting of the Ci ty Council of July 18, 1983. (CC-615) Vote Nembers of the City Council AYES: NOES: ABSENT: AaSTAIN: Gatto, Johnson, Rogers, Sparks, Plungy None None None ITEMS REMOVED FROM ~ONSENT CALENDAR 16. None ORAL COMM~NICATIONS Mayor Plungy proclaimed August I through 7, 1983 as Clown Week in Cupertino. 17. Members of Concerned Residents Organized Against Killer Emissions regarding use of Bryan Canyon for disposal of solid wastgs. Dorothea Balsano of De Anza Oaks addressed Council regarding the use of Bryan Canyon as a disposal site for solid waate. She asked for a show of hands of those present for this item. She spoke against the placement of an incinerator in Cupertino, particularly in an open space area that contains an earthquake fault. She asked why Alviso and Kirby Canyon are not being actively investigated as a possible dump site. She felt that the residents of Cupertino have the most to lose in this matter. Dr. Paul Roberts, 22363 St. Andrews, addressed Council. He stated that he lives one mile from the proposed site. He expressed concern regarding groundwater contamination because of hazardous materials as well as air pollution and noise. He ¡¡resented Council with transparencie5 showing the prevailing wind patterrq. He stated that the ,'~-"~:'4".., þ environmental impact '",ill be felt mainly by Cupertino. Øe requested that Council assess the issue of ground"atec contamination as well as air pOlluting emissions to western Cupertino. He requesteci that Council scrutinize and evaluate agreements as well as loox at ~ solution for Cupertino outside the solid waste management authority. He requested that citizens be involved, pe1:haps even an advisory group. Council directed the Ci ty Clerk to place the discussion of such a matter under New Business at the August 15 meeting. At that meetting, Council will discuss parameters, the role of a committee, goals and guidelines, as well as method of selection for membership. Those interested in serving on such a c01llllli ttee were requested to submi t their names to the City Clerk. . Bob Childs, Barbara Avenue, discussed the possibility of a referendum regarding zoning on Bryan Canyon. He stated that if Bryan Canyon were chosen as the solid waste site, Council should call an election on this zoning matter. 18. Membars of the audience !9garding matters not on the agenda. þ Ann Anger, Monta ÿista, addressed Council regarding the inclusion of housing in unincorporated areas ~ithin the City's sphere of influence in the Ganeral Plan. She was informed that such hOl1sing is included in the City's General Plan. Al Chappell, Lake Biltmore Apartments, addressed Council regarding recent rent increaseq. Fred St. Claire, Lake Biltmore Apartments, stated that for the first time there are man~ vacancies at Lake Biltmore. City Attorney Kilian stated that in his opinion the City ùoes hdve the power to freeze rents. He felt that this could probably be done for a certain period of time. Should a citywide rent freeze be instituted, it would be appropriate to have a public hearing, although technically it m~y not be necessary. In general the City Council can act in a reasonable fashion balancing the rights of the owners and the tenants. He stated that rents should not be frozen beyond three months without the public hear ing process. . unc. Gattc offered to act as a mediator to help solve the problems between the Lake Biltmore management and tenants. , CC-6l7 'aa8 5 Bryan Canyon aaendized It was moved by Counc. Johnson, seconded by Counc. Rogers tto to serve and passed with Councilmembers Gatto and Sparks disse'lting 8 mediator to appoint Counc. Gatto to serve as mediator with the þ ~ ".r.'" CC-617 Page 6 . . - .. - I....,. .f ,.. L.t. .i1'..,. .p.,....,.... ,....,. direct the City Attorney to draft wording for an cent freeze and a rent stabilization ordinance. and to urgency ·::;:',i'i("¡,~:A¥"1~e~·~~ ' The Ci ty Clerk was requested to. send a copy of this action to the City'. informal mediator. Jim Rivera, Lake Biltomore Apartments, stated that he had talked to a Mr. Connors at Lake Biltmore who had said that the rents would be more than double~ within a year. ity Attorney Kilian requested that those experienced in rent control give him a call. PUBLIC HEARINGS 19. Application S-Z-83 of James W. Sirois: Prezoning approximately .5 gross acre from Santa Clara County Rl-8 (Residential Single-family, 8,000 sq. ft. minimum lot size) zone to City of Cupertino RI-7.5 (Residential Single-family, 7,500 sq. ft. minimum lot size) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is 10ca~Qj on the north side of Almaden Avenue approxlmately 200 ft. east of Byrne Avenue. Recommended for approval. (a) First reading of Ordinance No. 123¡: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Prezoning Approximately .5 Gross Acre from Santa Clara County Rl-8 Zone to City of Cupertino Rl-7.S Zone; Located on the North Side of Almaden Avenue Approximately 200 Ft. East of Byrne Aver.";e. " ssistant Planning Director Cowan reviewed a transparency howing the area to be rezoned. Public hear- I t was moved by Counc. Sparks, seconded by ('ounc. Ga t to and ing closed assed unanimously to close the public hearing. Negé.tive Dec. It was moved by Counc. Gatto, seconded by Counc. Rogers and for 5-Z-83 assed unanimously to grant a rJegalive Declaration for \pplication S-Z-83. 5-Z-83 approved Fltt reading of Ord. 123J e l was moved by Counc. Gatto, seconded by Coun~. RogErs and assed unanimously to approve Applica t i on 5-Z-H 3 per lanning Commission Resolution ~o. 2415. t was moved by Counc. Roger:>, seconded by Counc. assed unanimously to read Ordinance No. 1231 by nd the City Clerk's reading to constitute eading thereof. Gatto and title only the first - ~. :.; :~--,¡".'.;;:1' ~ 20. Consideration of hazardous material storage ordinanc (continued from July 5,1983). (a) Ordio&nce No. 1220: An Ordinance of the City of Cupertino Adding Chapter 9.12, Hazardous Materials Storage, to the Cupertino Municipal Code.- þ City Manager Quinlan reviewp~ the ordinance with Council. Assistant to the Ci ty lianager Brown answered Council's questions. Jerrold Keating, Chairperson, Public Safety Commission, addressed Council regarding liability and insurßnce. Council requested a coþy of ~he guidalines for compliance wi th double containment, and also a definiticn of what will meet stand3rds. CC-617 Pap 7 I ~ was moved by Counc. Gatto, seconded by Counc. Rogers and Public hearing passed un3nimcusly to close the pUblic hearing. closed Discussion followed regarding g3S station leaks. þ It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to approve Ordinance No. 1220 with the pen~lty section revised to show that violation would be a misdemeanor and with the section numbers revised to conform with the Cupertino Municipal Code. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1220 by title only ønd the City Clerk's reading to constitute the first reading thereof. 21. Appeal of Building decision involving tub owned by Mr. and Robert Dempster). :>epart"'ent and City Attorney ~pplication of ordinance to a hot ~rs. E. Lichtman (filed by J. Assistant Planning Directo: Cowan showed those present an aerial view of the site being discussed. ar. Lichtman presented slides of the hot tub. þ ~r. Ian Andrew, 10902 Canyon Vista, member Cliff architectural committee, stated development's CC ønd R's prohibit hot tubs. there is no fer-ce, it is not hard wired and appropriate number of feet from the ~ouse. concern regarc'ing safety. fie stated that does ha~e a homeowners hot tub and pool. þ of the Deep tha t the In addition, it is not the !Ie expresseù the development Crd. 1220 spproved as revised First reading of Ord. lZZO .7 Page 8 Public besting cAd; a¡1llBI denied; staff to review Code Violations . . . ,',-, ." .' ':"". .J ~_...;,\i ...~-,..... , "" -,:~ :'(/ . ,'-" '<;,"':~. ,., (~.<, ,:..¡...", I'~';'~::" ',:;:~.,> It vas moved by Counc. Gatto, seconded by Counc. RogerS and passed unanimously to close the public hearing. It vas moved by Counc. Gatto, seconded by Counc. Rogers ønd passed unanimously to deny the appeal. It vas moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to direct the Planning staff to review Chapter 16.32.040 in view of hot tubs and similar types of additi~ns to a livlng unit. It vas mcved by Counc. Rogers, seconded by Counc. anð passed unanimously that the Code Enforcement submit violations to the City Attorney untll ordinance is presented for consideration. Sparks .)fficer a new PLANNING APPLICATIONS 22. Application l-U-68 (Revised) of Dale Applegate and Robert Morgan: Revision of a use permit to allow retail use in an existing office building and Environmental Review: The project is categorically exempt, hence, no action is required. The subject pro~e~ty is located on the south side of Stevens Creek doulevard approximately 270 ft. east of Stelling Road in a P (Planned Deve1opment) zoning district. Recommended for ~pproval. Assistant Planning Directo~ Cowan made oral cor~ections to the staff reports. He stated that the Bianchi Way easement is across private p~operty. M~. Robert ~organ, one of the property owne~s, 29040 Stevens Creek Boulevard, stated that access to the property is on Stevens Creek Boulevard. He reminded Council that the City already has committed funds to Community !lousing Developer¡,. Linda Smith, COlll/llunity Housing Developers Di~ec':or, expressed support fo~ the staff ~ecommendation rega~ding dedication. She stated that purchase of the property would 2'lt a burden on the developers and would probably require a redesigning of plans. City Attorney «ilian stated that dedication must have reasonable benefit to the property owner and apparently that staff and the property owners interpret "benefit" dlfferently. Dedication coulù be required because of general beneflts. It can ~e done as part of i) change of use and be reasonable. ·....·r<·...'\'·,~I".,r,I.-r~.,'7iIP"-. "~..\~,;>.~~.~,y;",;o...,''':T::~''~j:~'''rr:''':P'~~' ~,~ ~". ~.~, '.,.if'."", /",,:. þ..,. o þ It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to approve Application l-U-68 (Pevised) per Plar.~ing Commission Resolution No. 2421. 23. Application 21-U-83 of Joseph ~~own: Use Permit to add 2,200 sq. ft. to an existing 1,200 sq. ft. commercial building and operate a small animal hospi tal/veter inary clinic and to construct a residential dwelling unit. Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subj('ct property is located on the northease side of peninsula Boulevard approximately 250 ft. west of Freeway 85, 280 ft. east of the Southern Pacific Railroad right of way in the Monta vista area. The property is in a P (Planned Development with neighborhood commercial, light industrial and residential intent) zoning district. Recommended for approval. þ . Assistant Planning Director Cowan inform~d Council concerns expressed at the Planning Commission were from the animals and air conditioning. that noise þ It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application 21-U-83 per Planing Commission Resolution No. 2423. ° It was moved by Counc. Gatto, seconded by Counc. Johnson and passed unanimouusly to grant a Negative Dgclaration for Application 21-U-83. Ray Rooker, architect, addressed Council regarding Condition No. 19. He stated that the building would not be phased. Ann Anger, Monta Vista, requested a guarantee that the development would be finished. Carol :lcDowell, Noel Avenue, expressed concern regarding traffic, particul~rly in regard to ingress/egress. She asked if any alternate traffic plan were possible. She also stated there was a very short traffic light at that intersection. þ By consensus, Council ag °eed that Condition ~o. held in abeyance for 150 days. If at that time nv~ ~atisfied with the progress, it would go into 19 wi 11 be staff is effect. ARCHITECTURAL AND SITE APPROVAL COM~ITT~E APPLICATIONS . 24. :;one. ù:~Flt;ISHL:.J 3f.JSI:~ESS """ CC-617 'ase 9 l-1J-68 (Rev.) appoved 21-U-83 app~oved Negative Dec. for 2l-U-83 Condition 19 a17 Page 10 ._.,'_', -F' ". ';'~;¡;,r ;~~7,,_"'J ,'....~~~"'_~',~~~., . 25. None. NEW BUSINESS 4IÞ 26. Consideration of a mosquito abatement ordinance. (a) First reading of Ordinance No. 1232: "An Ordinance of the City of Cupertino Adding Chapter 9.12, Mosquito Abatement, to the Cupertino Municipal Code." Ord. IZ32 continued I t was moved by Counc. Johnson, seconded by Counc. Roger s and passed unanimously to continue this item to the meeting of August 15, 1983. 27. Request for authorization to use informal bidding procedure for repair of flood damage on Stevens Canyon Road and Regnart Canyon Road. At the staff's request the recollllllendation was amended to include a formal bidding procedure. Appropria- I t was moved by Counc. Sparks, seconded b:¡ Counc. Johnson tion for con nd passed unanimously to appropriate $122,SOO from the S_nt 'laster Storm Drain Fund to retain consultant services and o necessary repair work; the formal bidding proced'lre is to be used. First reading of Ord. 1233 4IÞ Res. 6146 adopted . 28. Cable Television Advisory Committee. (a) First reading of Ordinance No. 1233: "An Ordinance of the City of Cupertino Amending Chapter 2.74 of the Cupertino Municipal Code Relating to the Cable Television Advisory Committee." (b) Resolution No. 6146: "A Resolution of the City Council of the City of Cupertino Approving Rental of the Community Access Studio by De Anza Community College to Help Offset Operating Costs." It WdS moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to read Ordinance ~o. 1233 by title only and the City Clerk's reading to constitute the first reading thereof, with Section 2.74.020 amended so a~pointments will be made or ~onfirmed in September. It was moved by Counc. Rogers, seconded by Coune. Sparks and passed unanimously to ado~t Resolution Mo. 6146. · · · · · ~"-,,-,.. >-" -'~--:>,:'."; The Ci ty Manager and Council Advisory Committee including City Engineer. cC'mmended the Cable TV Travice ~hitten, Assistant WRITTEN COMMUNICATIONS 29. None. ORDINANCES 30. Second reading of Ordinance No. 1229: "An Ordinance of the City of Cupertino Amending Section I of Ordinance NO. 2 by Rezoning Approximately 42 Acres from OP and CG Zones to P Zoning District; Located on the North Side of Stevens Creek Boulevard, East Side of wolfe Road, South Side of Vallco Parkway and at the Northeast Corner uÍ Stevens Creek Bouleva~d and Tantau Avenue." It was moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1229 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 1229. 31. Second reading of Ordinance No. 1230: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No.2 by Rezoning Approximately 26 Acres from P Zone to P Zone (With Hotel Intent); Located on the Southeast Corner of Stevens Creek Boulevard and De Anza Boulevard.~ It was moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1230 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unani~ously to enact Ordinance ~o. 1230. R¡:50Lvno~;s 32. ..one. :~O:'-r\Gi;~;~.'; BUSInESS 32. "eco-)nition by :ia:¡cr of special requests. (a) General Audience - :;one. (b) City Council - :.one. ~.Jt,',. ->."'~'~",' .' CC-617 Pap 11 Cable TV eo.1ttee c~ed Second read- iDg of Ord. 1229 Ord. 1229 enacted Second read- ing of Ord. 1'1.30 ürd. 1230 enaeted .7 Page 12 . Creston litigation · · · '. r "'-- '1 '_,-'.v,.~~\~¡~":_~?:_':~ ';""\'::-.:~,,-,......., r ":r_~.,,:_" '<-':'¡; \7:r~" .7""_-' ·,...~,:·'7_7",,..:r....T.';,::"...7· ,- ·'·-·"·"''';;'"1:\~1~i'~0·;T CLOSED SESSION to discuss matter of litigation. At 9:55 p.m., the meeting va. adjourned to a closed session. At 10:05 p.m., Council reconvened in Chamber. All ouncilmembers were present as were City Clerk Cornelius, . Director of Public Works viskovich and City Attorney Kilian. It was moved by Counc. Sparks, seconded by Counc. Gatto and assed unanimously to direct the City Attorney to deferld the Creston litigation with all due vigor and that the City ttorney report back to Council. he meeting vas adjourned at t 6:00 p.m. 10:10 p.m. to August 2, 1983 ~~:~ City erlt ~-_._.._._-_._--~-------_._-.-.._--~---