Loading...
CC 10-31-83 .. , , .f t þ '-1·;1, ? -:'MI'. ,,1'(;16,,' ,,_'.,¡: (,' f '~.;. )::31- ." ~', }.:-,,:; CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 Mayor Plungy called the meeting to order at 6:45 p.m. in the Council ChaMber. CC-625 SALUTE TO THE FLAG ROLL CALL Counc. Pre!!ent: Gatto, Johnson, Rogers, Sparks, Mayor Plungy. Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Plann£ng and Development Sisk City Attorney Kilian STAFF REPORTS A representative of Prime Computer Co. presented a gift to Mayor Plungy he received as winner of a contest at the recent League of California Cities Conference. I. Oral reports by staff members and submission of written reports. City Manager's Report Council received the report. Ci ty Clerk's Report_ Change of date for interviews - By consensus, Council will conduct interviews of those applying for advisory bodies at 6:30 p.m., November 22, 1983. 2. Interconnect system report received, will be discussed in Closed Session. 3. Update on chemical spills - report received. COUNCIL REPORTS Interviews for advisory Dodies Mayor Plungy: Legislative Review Committee will meet Legislative Monday. ~ovembE:r 7, 19B3 at 6: 15 p.m. Review -1- . Consent Cal- endar approved . . ~INDTES OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING CONSENT CALENDAR It was moved by Counc. Gatto, seconded by Coune. Johnson and passed unanimously to approve the Cor.sent Calenda-= a. submitted. 9. Resolution No. 6192: "A Resolution of the City Council of the Ci ty of I..upertino Allowing Certain ClailD. end Demands Payable in the Amounts and from the pund. e. Hereinafter Described for Salaries and Wages for the Pøyroll Period Ending October 14, 1983." 10. Resolution No. 6193: "A R..olution of the City council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Mounts and from the Funds as Hereinafter Described for Selaries and Wages for the Payroll Peric~ Enðing October 18, 1983." II. Request for waiver of business license fees. (a) Purple Heart Veterans. (b) March of Dimes. 12. Approval of Human Service. funding recommendations 13. Resolution No. 6194: "A Resolution of the City Coullcil of the City of Cupertino Authorizing Execution of AmendlDent to Service Agre_nt wi th Gates, McDonald, Workers' Compensation." 14. Resolution NO. 6195: "A Resolution of the City Council of the Ci ty of Cupertino Dec1ar ing Weeds Growing on Certain Described Property to be a Public Nuisance." 15. Resolution No. 6196: "A Resolution of the City Council of the City of Cupertino Approving Lot Line Adjustment between Two Parcels of Land wi thout a Parcel Map in Accordance with Section 66412(d) of Subdivision Map Act as Amended January 1, 1980, Stevens Cceek Office Center." 16. Resolution No. 6197: "A Resolution of the City Council of thp. City of Cupertino Approving Contract Change Order No. 2 for Bollinger Road Improvement, Project 81-27." 17. Resolution No. 6198: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No.7 for Manta Vista Park Project 79-53." 18. Request for acquisition of additional .008 acre for right-of-way on foothill Boulevard and Cupertino Road. -2- þ MINUTES OF THE OCTOBER 31, 1983 CITY COUNCI~ MEETIRG 18. (a) Resolution No. 6199: "A Resolotlon of the Ci ty Cooncil of the City of Cupertino Accepting Grant Deed of Real Property for Roadway Pur~os.s from Ralph E. Hodges Foothill Boulevard and Copertino Road. " 19. Minutes of the special meeting of October II, 1983. (CC-623) 20. Minutes of the regolar meeting of October 17, 1983. (CC-624) Vete Members of the City Council Gatto, Johnson, Rogers, Sparks, Plungy AYES: NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM CONSENT CALENDAR þ 21. None ORAL COMMUNICATIONS 22. Presentation honoring Geraldine O'Hara's service to the City of Cupertino. Geraldine O'Hara received the plaque and proclamation presented in honor of her service to the City of Cupertino. 23. Presentation thanking host families of the Toyokawa delegation. Mayor plungy announced that this item was rescheduled for the meeting of November 7. 24. proclamation declaring the week of November 13-19, 1983 as "Winter Storm Preparedness Week." The City Clerk was directed to mail the proclamation to the Office of Emergency Services. 2~. Members of the audience regarding matters not on the agenda. . Susan Weisner, a Cupertino resident, addressed Counci 1 Bryan Canyon regarding a proposed dump site in Bryan Canyon. She stated that she had read the Peat, Harwick and Mitchell report and felt that they had failed to quantify risks. She recommended a sensitivity analysis be done. -3- . MINUTES OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING PUBLIC HEARINGS 26. Application 9-Z-83 of Jimmy Pox (Jerome' Helen Hess): Rezoning approximately 7.0 acres, containing an existing 123 unit apartment comrlex, f~om R3 (Multiple Family Residential) zone to P (Planned Development with MUltiple Family Residential intent) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject site is located on the southeast corner of Miller Avenue and Calabazas Creek approximately 1/4 mile south of Stevens Creek Boulevard (at 10200 Miller Avenue). Recommended for approval. (This application to be heard in conjunction with Application 30-0-83). (a) First reading of Ordinance No. 1242: "An Ordinance of tbe City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 7.0 Acres, Containing an Existing 123 Unit Apartment Complex, from R3 Zone tc P Zone; Located on the Southeast Corner of Mille~ Avenue and Calabaaas Creek Approximately 1/4 Mile South of Stevens Creek Boulevard (at 10200 Miller Avenue)." . PLANNING APPLICATIONS 27. Application 30-U-83 of Jimmy Fox (Jerome' Helen Hess): Use Permit to add si~ (6) new apartment units and related site improvements. Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject site is located on the southeast corner of Miller Avenue and Calabazas Creek approximately 1/4 mile south of Stevens Creek Boulevard (at 10200 Miller Avenue). Recommended for approval. (This application to be heard in conjunction with Application 9-Z-83). Director of Planning and Development Sisk reviewed the application and conditions of approval with Council. Discussion followed regarding flood insurance. Jimmy W. Fox, Los Gatos, was present to answer any questions from Council. Public hear- ing closed It was moved by Counc. Sparks, seconded by Counc. Johnson anù passed unanimously to close the public hearing. Negative De.or 9- It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 9-Z-83. -4- · MINUTES OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to approve Application 9-Z-83 per Planning Commission Resolution No. 2441. It was moved by Counc. Sparks, seconded by Counc. Rogllrs and passed unanimously to grant a Negative Declaration for Application 30-U-83. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to approve Application 30-U-83 per Planning Commission Resolution No. 2449. 28. Application 20-U-83 of Town Center Properties (John Vidovich) : Use Permi t to construct 248 attached residential condominium units and a two-story 45,OO(aq. ft. office building and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located between Stevens Creek Boulevard and ROdrigues Avenue east of the future extension of Torre Avenue in a P (Planned Development with commercial, office and residential, 15-30 dwelling uni ts per gross acre intent) zoning district. Recommended for approval. Director of Planning and Development Sisk reviewed the application with thE Commission. John Vidovich, applicant, addressed Council regarding Condition No. 17 and asked that there be a time limit for the City to set thÅ“ amount for which he would be responsible. Council agreed that the disbursement formula shall be established by the Director of Public Works and approved by the Ci ty Council within six months. Mr. Vidovich requested that Condition No. 26.g be deleted. Richard Frisbie from The Environmental Center discussed Condition 26.a with the Councll. It was moved by Counc. JOhnson, seconded by Counc. Regers and passed unanimously to approve the granting of a Negative Declaration for Application 20-U-83. It was moved by Counc. JOhnson, seconded by Counc. Sparks and passed unanimously to approve Application 20-U-83 per Planning Commission Resolution No. 2453 with the following changes: Condition 15, delete reference to ~xhibits B-2 and B-3. Condition 26.a, amended to read, "An enhanced (widened) entrance driveway off Stevens Creek Boulevard providing landscaping continuity between the residential and aftice d~velopments and incorporating pedestrian circulation trom tha residential development to Stevens Creek Boulevard." -5- 9-Z-83 approved legøtive Dec. for 30-U-83 3O-U-83 approved Negative Dec. foe ZO-U-83 ZO-U-83 approved as amended MINU~ZS OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING tIÞ Condition No. 26.g, deleted. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 29. Applic.tion HC-51,SS9.1 Ad-Art Sign Coapany (Computerland) - Appealing denial of modification of. sign program for a multi-tenant commercial building loc.ted on the south side of Stevens Creek Boul.v.Ed b.twe.n Blaney Avenue and De Anza Boul.v.rd. R.commend.d for d.nial. HC-51,589. It was mov.d by Counc. Gatto, seconded by Counc, Sparks and continued passed unanimously to continue this application to the meeting of November 21 as requested by the applicant. UNFINISHED BUSINESS Cable TV . Lynch request denied .ttee to study rentals 30. R.qu.st for clarification of Council action on req~.st from thu Ca~l. T.levision Advisory Committee for waiver of c.rt.in r.quirements. It was moved by Counc. Sparks, seconded by Counc. RogeE. and pass.d unanimou.ly to w.iv. certain documents .s required by the ordin.nce in association with the requestf'd rate incr...., United Cable could answer questions regarding these item. at meetings and hearings. NEW BUSINESS 31. Request froln Michael Lynch for modification of conditions requiring extension of water main. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimou.ly to deny the request for modification of the standard conditions as per staff recommendation. Chris Power, 22773A Voss Avenue, addressed COJncil regarding a series of town meetings that will be held regarding drug problems in the community. Meetings will be held at Lynbrook lIigh School at 7:30 p.m. on November 2 and November 9. The public is invited to attend. 32. Consideration of composition and goals of an ad hoc committee to study to issue of housing and possibility to develop a process to handle tenant problems. (a) Representatj~e& of Glenbrook Tenants Org~nization. Ray Jacobs, resident of Glenbrook Apartments, addressed Council regarding recen~ rate increases. It was moved by Counc. Johnson, seconded by Counc. RGge~~ and passed with Counc. Sparks and Counc. Gatto dissenting to appoint a committee to study the rental market in -6- þ MINUTES OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING Cupertino. The committee will look at the question of equi table rent and whether or not the Ci ty can mi tigatct prot;lems. Discussion followed regarding posøible composition Qf this commi ttee and the inclusion of seniors, tenantø and landlords from large complexes, a representlttive of the Tri-County Apartment Association, ropreaentatives trOll formal tenant associations and develop.trs. At the meeting of November 7, the Council will bring their recommendations for composition. Another resident of Glenbrook Apartments stated that recently the apartment complex has not been maintained as well as in the past and rents have been increased. He stated that a system is needed to take care of problems, not just rent increases. He suggested an arbitration-mediation type plan with the cost being borne by landlords and tenants. Burt Avery, owner of Glenbrook Apartments, stated that he would be glad to contribute his time and that he had served on a committee in Mountain View. þ A representative of I , R Services stated that she had been involved in the mediation process in Palo Alto. On November 16 at 3275 Stevens Creek Boulevard a luncheon will be held regarding this matter. 33. Revision of Municipal Code to provide for background check of persons applying for a taxi driver permit. <a> Ordinance No. 1241: "An Ordinance of the City of Cupertino Amending Chapter 5.28 of the Cupertino Municipal Code to Allow Background Checks of Those Applying for Taxi Driver Permits." I t was moved by Counc. Sparks, seconded by Counc. Roger s and passed unanimously to approve that persons applying for a taxi driver permit be given a background check. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 1241 by title only ond the City Clerk's reading to con,titute the first reading thereof. 34. Gill Cable TV declaration for deregulation. þ City Attorney Kilian stated he is currently studying this issue. -7- Background check for taxi drivers First reading of Ord. 1241 , . Cable derE'gula- tion con- tinued Second reading of Ord. 1240 Ord. 1240 enacted . Second reading of Ord. 1238 Ord. 1238 enacted Second reading of Ord. 1239 Ord. 1239 .ted ......':i MINUTES OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to continue this item to the m.eting of November 7. WRITTEN COMMUNICATIONS 35. None. ORDINANCES 36. Second reading of Ordinance No. 1240: "An Ordinance of the City of Cupertino Repealing Certain Ordinances Outlined in Section 2 and Establishing an Ordinance Regulating Residential Single-Family (RI) Zones.~ It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1240 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 Ordiannce No. 1240. 37. Second reading of Ordinance No. 1238: "An Ordinance of the Ci ty of Cupertino Repealing Certain Ordinance Outlined in Section 2 and Establishing an Ordinance Regulating Residential Hillside Developments (RaS Zones)." It was moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to read Ordinance NC,. 1238 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. 1238. 38. Second reading of Ordinance No. 1239: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No.2, Prezoning .24 Acres from County NL to City ML; Located at the Southeast corner of Imperial Avenue and Olive Avenue." It was moved by Coune. Gatto, seconded by Counc. Johnson and passed unanimously to read Ord i nance No. 1239 by ti tIe only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to enact Ordinance No. 1239. -8- MINUTES OF THE OCTOBER 31, 1983 CITY COUNCIL MEETING RESOLUTIONS 39. None. NON-AGENDA BUSINESS 40. Recognition by Mayor of special requests. (al General Audience - None. (bl City Council - None. CLCSED SESSION At 8:30 p.m., Council adjourned to a closed session. At 9:10 p.m., the meeting was reconvened in Council Chamber. All Councilmembers were present as were City Manager Quinlan, City Clerk Cornelius, Director of Public Works Viskovich, Director of Planning and Development SisK and City Attorney Kilian. Interconnect System It was moved by Coun. Gatto, seconded by Counc. Johnson and passed unanimously that staff present Council with a report at the meeting of November 7. Purchase of Surrlus School Sites It was moved by Counc. Gatto, seconded by {'ounc. Johnson and passed unanimously that staff continue negotiations as per Council direction. " Closed session Interconnect system Negotiations for purchase of schools Solid Waste Management Author i..!:L It was 'moved by Counc. Gatto, seconded by Counc. Johnson SWMA and passed unanimously that the opinion issued by the City Attorney can be made available for the the City's Solid Waste Advisory Committee and the general public. The meeting was adjourned at 9:15 p.m. Cl -9-