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CC 05-01-78 , . . . ""7 T1'-r,":-:r;:<'f~-~~~ .';"~~~"~'..~~ .', ,,'<'" -9 ",:~ ;'-;-:;::-:'J:'~_?-"·S;:'·"!" <n~'f'7 " CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torce Avenpe, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE REGULA1l MEETING OF THE CITY COUNCIL HELD ON MAY I, 1978, IN THE COUNCIL awÐIER, CITY HALL CUPERTINO, CALIFORNIA The Mayor called the lIIeet1na to order at 7:30 p.lII. in the Council Chamber of City Hall. ROLL CALL Counc. Present: Counc. Absent: Meyers, O'Keefe, Rogers, Mayor Jackson Sparks Staff Present: City Manager Quinlan Director of Administrative Services Ryder Director of Planning and Developlllent Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler City Attorney Adams Housing Rehabilitation Counselor Hastings Following the roll call, the Mayor requested that the minutes reflect that ... the absence of Counc. Sparks was due to his commitlllent for annual training in the National Guard. CONSENT CALENDAR Item 4 was removed. It was moved b:' Counc. Mevers, seco..ded by Counc. C'Keefe and passed unanimously to approve the balance of the Consent Calendar. 1. Resolution No. 4690: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Delllands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Oay Period EndMg AprH 17, 1978." 2. Resolution No. 4691: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claim.q and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending April 24, 1978." 3. Resolution No. 46r:¡: "A Resolution of the City Council of the City of Cupertino All~wing 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 25, 1978." 5. Resolution No. 4694: "A Resolution of the City ~uncil of the City of Cupertino Authorizing Execution of Local Agency-State Agreement to Convert Mercury Vapor Luminaires to High Pressure Sodium Lumin- aires." ~..,/1t'.,.;,r;.~"(:~'~ ~ ':', CC-413 Page 1 . Absence due to Nat' 1- Guard tnlg. Consent Cal. approved '_n , CC-413 P.2 P.se and d of project Problems at Ralph's Report re wa 11 and parking by true ks . ~~'I/j~>ry.5·o". ~ ,~ :y.~91~~'W:""1'\~~,~~",~,\~ '.'~;;;;~~'~~i'"":'~:~}:r,,~r"'~~:sr~~\.~~ ~~,x,!",~,~~~~~~~,,:, ..~,:,....., MINUTEf OF TIlE MAY 1, 1978, CITY COUNCIL KEETING 6. Reaolution No. 4304.27: "A Resolution of the City Council of the City of Cupertino Approvina Cootract Change Order No. 5 for North De Anza Boulevard Ass.....at District Project 76-14." 7. Resolution No. 3873.31: "A Resolution of the City Council of the City of Cupertino Approving COntract Change Order No. 4 for Vallco Park Assessment District 1974-2." 8. MInutes of regular lIIeeting of April 17, 1978. (CC-411) 9. Minutes of adjourned regular lIIeeting of April 18, 1978. (CC-412) Vote Melllbers of the City COuncil AYES: NOES: ABSENT: ABSTAIN: Meyers, O'Keefe, Rogers, Jackson None Sparks None ORAL COMMUNICATIONS 10. Mrs. Elsa Holwerda relating to "walk a golden mile" by the Live l.ong & Like It Club walk to raise funds for furnishing Qew senior center. Mrs. Elsa Holwerda explained the purpose of the project which was to raise ~unds fo:- furnIshing the senior citizens center and that the project would take place at 10:30 p.m. at Memorial Park on May 15, 1978. The Mayor recognized Mrs. C. A. Moore of Paradise Drive who detailed current problems resulting from the commercial traffic behind Ralph's Market. The staff ~as requested to sublllit a report at the next regular Council meeting as to the diff~rence in the height of the sound wall from one portion to anothe, and on the use of ten parking spaces by trucks waiting to unload their m~rchandise~ PUBLIC HEARINGS 11. Application l-Z-78 of City of Cupertino: Rezoning 0.37 acres from R3 (Residential, multiple) to P (Planned Development with commercial use intent). Said property is located easterly of and adjacent to North De Anza Boulevard approximately 100 ft. southerly of the future intersection of Lazaneo Drive and North De Anza Boulevard. Recommended for approval. (a) First reading of Ordinance No. 870: "An Ordinance of the City of Cupertino Amending Sect~on 1 of Ordinance No. 2 by Rezoning 0.37 Acres from R3 to P; Located Easterly of and Adjacent to North De Anza Boulevard Approximately 100 Ft. Southerly of the Future Intersection of Lazaneo Drive and North De Anza Boulevard~" ·_~'·"""''---''0r~~l).}.~''?'r~'7'·~.~~~--'~~·'~.''''~:~---~~~fI!1!I',~~\ ~"~ ".", , MINUTES OF THE MAY I, 1978, CITY COUNCIL MEETING . Presentation - J. Robert De.pøter, attorney for applicant It was moved by Counc. O'Keefe, seconded by Counc. Meyers and paned unan- imously to close the public hearina. It waø III>ved by Counc. O'Keefe, øe....ondcd by Counc. Meyers and passed wu.n imously to approve Application I-Z-78 per Planning Co~ssion Resolution 1823 with Condition No. 5 being 8IIIended to have the second sentence read, "Access to the North De Anza Boulevard frontage IIISY be pel'1llitted at the time of the final Use Permit review process", and with the i'urther .tnder- standing that trip end calculations would be on a gross acre basis. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to read Ordinance No. 870 by title only and the Mayor's reading to constitute the first reading. PLANNING APPLICATIONS 12. Application 5-V-77 - Revised of Griffin & Murren Construction: Var- iance from Section 7.1 of Ordinance 780 (Ordinance regulating single- family zones) and Section 66.1 of Ordinance 220(g) (Height Ordinance) to permit a portion of a single-family home to be constructed with three stories (i.e. two stories consisting of living areas over a garage) in lieu of maxilllUIII of two stories normally permitted. Said property is located adjacent to and easterly of Crescent Road opposite the intersection of Crescent Road and Hi1lcrest ~~ad. Rec- 4IIÞ ommended for approval. (a) Resolution No. 4696: "A Resolution of the Ci:y Council of the City of Cupertino Granting a Variance to Griffin & Murren Con- struction, from Section 7.1 of Ordinance 780 and Section 66.1 of Ordinance 220(g) to Permit a Portion of a Single-Family Home to be Constructed with Three Stories in Lieu of MaxilllUIII of TWo Stories Normally Permitted; Located Adjacent to and Easterly of Crescent Road Opposite the Intersection of Crescent Road and Hillcrest Road." It was m'Hed by Couuc. Meyers, seconded by Counc. O'Keefe and passed unanimously to approve Application 5-V-77 per Planning Commission Resolu- tion l82~. it was m~vecl by Counc. Meyers, seconded by Counc. Rogers an<i p~ssed unan- imously to adopt Resolution No. 4696. 13. Applications 8-~78 and 2-U-78 of Sobrato-Berg Properties: Tenta- tive Map to divide 3.59 acres into two parcels consisting of 1.53 acres to accommodate an existing ~hopping center and a 2~06 acre industrial site; Use Permit to construct a 30,300 sq. ft. sing1e- story industrial building. Said property is located at the south- east corner of t~~ intersection of Eandley Drive and 'alley Green Drive. Recommended for approval. . Presentations - Bob Branham, applicantts representative; Harry Falk~ pr-operty owner. C('-413 Page 3 Public hear- ins closed 1-Z-78 approved as amende.. First reading of Ord. 870 5-V-77 approved Res. No. 4696 approved I CC-41J Page 4 8e-78 approved as amended 2-U-78 approved as amended R,,~. ~o. 4693 approved . Continued Notice of Insuf:iciency Cont inued Res. ~o. 4697 approved . .,.-~"~~~- ')';~.,~ '-~~"~·~''''''1~_~~'tr;,'~'>,,,,-f'o'~~~':',¡-~~~:<"¡,~,~~~,!.>t~<;~~"~~¡<J;.-~~~~ø;~~ '..'~'" .~-:t,/-'f~,·~.~:¡·:¿ - ',~' '.'~ MINUTES OF THE KAY 1, 1978, CITY COUNCIL MEETING It waa moved by Counc. Heyer8, seconded by Counc. O'Keefe and paaaad unan- imous)y to approve Application 8-TK-79 per Planning Commiaaion 1826 with Condition No. 17 beina ~ed to read a8 follows: "The appl1catlc/_r shall provide reciprocal ingresa/egress and pa\1ting easements betWlen Parcels 1 and 2 and reciprocal l118intenance agree.-nt8 covering the parking ~nd circulation areas and the on-aite utility aystem. Said easSD8nts and lIIaintenance agreelllents 8hall be approved by the City, placed in escrow, and recordeó prior to recordation of tentative lIIap." It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to approv~ Application 2-U-78 per Planning Commission Resolution 1827 with Condition No i6 beina amended so that the last sentence shall read, "Said review of Use Permit shall be provided prior to occupancy". ITEM~ REMOVED FROM CONSENT CALENDAR 4. Resolution No. 4693: "A Resolution of the City Council of the City of Cupertino Approving the Parcel Map of Property Located on Terry Way; Developer, May Investment Company, and Authorizing the City Engineer to Sign the Parcel Map." It was moved by Counc. Meyers, seco~ded by Counc. I~gers and passed with Counc. O'Yeefe abstaining to approve Resolut!on No. 4693. UNFINISHED BUSINESS 16. Approval of amended minutes of March 20, 1978. (CC-408) Action on this item was continued to the next meeting of the City Cou~cil. 17. Subrogation claim for damages from State Farm Mutual Automobile in- surance ~ompany: Janet Rosa, insured. It was moved by Counc. Meyers, sL-conded by Counc. O'Keefe and pa:.sed unan- imously (0 have the City Clerk return the claim with a Notice of Insufficiency. 18. Proposed procedures for appointments of Commission and Comm~ttee members. This matter was continued to the next meeting of the City Council. 19. Stevens Creek Blvd. Plan Line: Policy concerning int~clro improvements to Stevens Creek Blvd. - Reco~~ended fo~ approval. It was m~ved by Coune. Meyers, seconded by Counc. Rogers and passed with Counc. O'Keefe dissenting to approve Resolution No. 4697. Resolution No. 4697: "A Resolution of the City Council of the City of Cupertin0 Adopting Policy Regarding the Design and Timing of Street Improv~ents for the Reach of Stevens Creek Boulevard Between Ridgeway Drive and Bubb Road. n . I . . . ~·~·~·"·--~;":"·:'~!.,~~~~~1~t!:~";~7~-~ "."; .,'!f~-:-:~':' '~:;;"~io MINUTES OF THE MAY 1, 1978, CITY COUNCIL MEETING 20. Torre Avenue Plan Line. It was moved by Coun~. Meyers, seconded by Counc. O'Jteefe and pused unan- illlOusly to maintain the previously adopted Plan Line but with staff to be given direction in supporting the concept that the developer may incorpor- ate a series of pedestrian walkways/pavina treatment and possibly a circle drive around a central landscaped iplsnd to slow trsffic snd discourage use of Torre Avenue as 3 means of acces. to Pacifica Drive. NEW BUSINESS 21. Adoption of amendments to City of Cupertino Environmental Assessment Procedure. It was moved by Counc. Meyers, seconded by 0oun~. Rogers and passed unan- imously to approve Resolution No. 4698. Resolution No. 4698: "A Resolution of the City Council of the City of Cupertino Amending the Environmental Assessment Procedure as Orig- inally Adopted on March 27, 1973, and Amended on March 4, 1974, Jan- uary 17, 1977, and Kay 1, 1978." 22. The role of Cou~ty Government in housing. It was moved by Counc. Meyer3, seconded by Counc. Rogers and passed with Counc. O'Keefe uissenting to approve the staff recommendation on Page I of the April 28, 1978 report with the added provision of opposition to having the housing advisory to the County Executive without more knowledge of what that positions' role would be. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed with Counc. O'Kee:e dissenting to adopt the staff recommendation on Page 2 of the April 2d, 1978 r~port with the added provision that the Council urges great care in the drafting of such a program so as to guard against wind- falls to developers or landowners under a 10% density bonus program. 23. Rcview and discussion of proposed County ordinance regarding the County Justice System Advisory Board. It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- imously to approve the interim Criminal Justice Planning Board for the period of operation up to October I, 1978. It was moved by Counc. O'Keefe. seconded by Counc. ~eyers and passed unan- imously that any newly created Criminal Justice Advisory Board be an auton- omous body and be advisory to the Board of Supervisorb only for those mat- ters required as set forth in AB iO. WRITTEN COMMUNICATIONS 27. Appeal by Oak Meadows Homeowners Association on City Council action on adjustment for water bill. Presentation - James A. Murray, property ManAGer ...("......,'.,. , ":- < . CC-413 Pap 5 Pn'f'iously adopted plan liD. aa1n- tained Res. No. 4698 adopted Staff recom- lIIendations approved Interim board approved New Board to be autonomous ,..,...: I . . , CC-413 P.6 Report on disputed water bill Litigati".m referred to insurance carritr Permit to be issued for moving of Baer- house C. to main- t bus shelters . ;1~t;","'fÇ- Y"~"" ";"",' ""~';':""'_".~:' .,'"-; -,~~~,p-,.,..¡..",.,.- MINUTES OF THE MAY 1, 1!i78, CITY COUNCIl. MEETDlG The staff was instructed to investigate and submit a report for the next regularly acheduled ..etinl ~f the City Council as to whst efforte the utility made in investilat1ng the hilh readinl on the aeter and any other pertinent date it has reaerding this disputed water bill. STAFF REPORTS 30. Oral reports by staff members and aubmiss10n ~f written repcrts. It was moved by Counc. Meyers, ~ccondE;j by Counc. Rogcrs and passed unan- imously that the litigation relating to the Northpoint Homeowners Associ- ation be ret~rred to the Citv's insurance carrier and that the litigation involving Mr. Vernon Miller ~nd the City also be referred to the City's insurance cacrier for that portion of the claim involving alleged damages. !t was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously that the st .if be authorized to issue a ~ving permit foe the Wilsonl Baer house but that ~~ch would be without financial aid from the r.ity for making such a move. NEW BUSINESS (continv.ed) 26. Maintenance of the bus shelters. Staff was authorized to forwar~ a letter to the County stating that the City would be willing to undertake the maintenance of the shelters and to request reimbursement for costs incurred. The Mayor adjourned the meeting at 11:57 p.m. to 7:30 p.m., Hay 2, 1978 for the continuation of the balance of the agenda and for the sched~led Council/Staff budget at·.Jdy session. City _ __.__,;¡_-.....òlo~~_.,.......:..;.....~,_..