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CC 12-19-77 r: . . . ,. "'-;·0:<",,1. -C:QXI~'.~'~~~'j¥;;.,~r:q, "'~_::P'~;·~":'~)<~~~:~:,v.t-";¡':G~~rr"~~"~Jr'"\y:!':' .~':~_~ CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avpnue, (,\Ipertino, California 95014 Telephone: 252-4505 MINUTES OF THE IlEGllLAll KEETING 01 TBI CITY CO\J1ICIL HELD ON DECEMBER 19, 1977, IN TBI CO\J1lelL CIWIBER, '.::ITY BALL QlPERTINO, CALUOllHIA SALUTE TO THE FLAG Mayor Frolich called the ..etiag to order at 7:30 p. .. in the Couacil Chamber of City Hall. ROLL CALL Counc. Present: Jackson, Mayers, Nellis, O'Keefe, Mayor Frolich Staff Present: City Manager Quinlan Director of Administrative Services Ryder Director of Planning and Develop....nt Siak Director of Public Works Viskovi~h Director of Parks and Recreation Butler (7:40 p. m.) City Attorney Adams CONSENT CALENDAR It was moved by Cowtc. Nellis, seconded by Counc. Jackson and passed unan- imously to dpprove the Consent Calendar. 1. Resolution No. 4618: "A Resolution of the City Council of t'.e City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from th~ éunds as Hereinafter Described for Gene~a1 and Miscellaneous Expenditures for the Seven Day Period Ending December 12, 1977." 2. ReRolution No. 4617: "A Resolu~ion of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payablr in the Amounts and from the Funds as Hercinaft~L Described for Salaries and Wages for the Payroll Period Ending December 6, 1977." 3. R~solution No. 4620: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Storm Drain Purposes fro Kaiser Cement & Gypscm Corporation Cons~sting of Approximately 0.1266 Acres, Located on StevenE Canyon Road Southerly of Ricardo Road." 4. Resolution No. 4621: "A Resolution of the City COu:1cil of the City of Cupertino Accepting Grant of Easement for Sanitary Sewer and Publi Utility Purposes from San Carlos Homes and Development Company Con- sisting of Apprcximately .029 Acres, Located at Lot 2, Tract 6040." 5. Resolution No. 4622: "A Resolution of the City Council of the City 0 Cupertii10 !'.eking its Order Describing the Boo¡ndaries Designated as 'Peninsula 76-13' to be Annexed to the City and Ordering Annexations to the City Wi thou. Public Hearing as Provided by Law; Approximately .278 Acre~; Located nn t.he Souther Iv Side of Stevens Creek Boulevard, Between Santa Clara Avenue and Peninsula Boulevard." __ -',:1.,.:....:, .?F , , CC-393 Page 1 C011sent Cal- en1iar approved ~~- CÇ à?3 1'~2 . Supv. Stein- berg to appear Jan. 30, 1978 Public hear- ing closed Res. No. 4616 adopted "ic hear- i"I!! J closed 5% inerease granted to LAGCO ...."i".'."'."'"."...,..'""".,'"f'~~....,.,~"""~~_,o:r~.- , ¡.'- ',-,-, .,'. ,'-". -~~~-," .....-..'~' ":''''''~;:J':'.?;:::1'7,~r::''''''. MINUTES OF THE DECEKB~R 19, 1977, CITY OOUNClL MEET]}JG 6. Acceptance of City project perfo~ under cuntract: Electrolier Conversion, 77-10 Design Dyn8llÚcs Corp. 7. Minutes of regular aeeting o~ Deceaber 5, 1977. (CC-39l) 8. Minutes of joint Planning Cou:IIrlssiou/City Council meeting of DeceJlber 13, 1977. (CC-392) 9. Reque8t for waiver of business license f"e from students of De ADza College for their flea market. Vote AYES: NOES: ABSENT : ABSTAIN: Members of the City Council Jackson, Meyers, Nellis, O'Keefe, Frolich None None None ORAL COMKUNICATIONS 10. Mrs. Gerry Steinberg, Chairman, Board of Stpervisors, for discussion on the County's bud&et and its application to Cupertino. The Mayor explained that due to an exp'r:ed longer period r~quired for the discussion of matters involving the County and the City, it had been decided that Mrs. Steinberg would appe2r at an adjourned meeting to be scheduled for January 30, 1978, rather th~ at this meeting. PUBLIC HEARmGS 11. Resolution No. 4616: "A Resolution of the City Cour.cil of the City of Cupertino Ordering Vacation of a Portion of De Aaza Circle South Located Within Trect 3993, Retaining Said Portion as a Public Utility Eaðement as Provided in Section 8320 et seq. of the Streets and Highways Code of the State of California." (continued from meeti"f of DeceMber 5, 1977) Jt was movp.d by Counc. Mey~cs. seconded by Counc. Jackson a~d passed unan- imously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. Nellis and passed unan- imously to adopt Resolution No. 4616. 12. Request from Los Altos Garbage Co. for Increa"~ in .efuse rates. (con- tinued from meeting of December 5, 197i) It was m~ved by Counc. Nellis, seconded by Counc. C'Keef~ and passed unan- imously to close the public hearing. It was moved by COllnc. Nellis, seeonded by Coune. ",-,yecÐ a.,d paased unlUl- imously to adopt the staff recommendation for the granting of a 5% inrrease in rates exclusive of the rate for ......io:- c1cizeÐs service, vhid, increase is to be effective with the Har~h 19~8 billin~ co~r1a8 the Pebrcary 1978 service. " ,_. '." ...... . '. ~, '''''...."'','''". "~/~.ry~ ':rd';~'r :. .,"II;'It~-.('O~ "'.7":-- ^ ',..-···'t'l";'.·.. ..,...,....""'" MINUTES OF THE DECEMI!ER 1'1, 1977. CITY COD:ICIL MEETING CC-393 Page 3 It wss moved by C"ounc. Meyers, seconded b¡ Counc. Jackson and passed unan- Appropriation imously to a¡>prop1:iate $10,650 from the General Fund 38 ~he City's con- froa General tribution toward offsetting the additional cost to the gsrbage company IUDd to off- resulting fro. tbp increase in disposal costs. let cOlts 13. Application 25"Z-77 of Brother Robert Jueneaann (Karian18t Province of the Pacific) I Prezon1ng approximately 1.3 acreS fro. Santa Clara County A (Agricultural) Zone to City of Cupertino BQ (Quast-Public Buil~ing) Zone. Said property 18 located southerly of and adjacent to Madera Road at the terainus of Mercedes Road. Reco_nded for approval. . <a> First reading of Ordinance No. 851: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approximately 1.3 Acres frDa Santa Clara County A Zone to City of Cupertino BQ Zone; Located Soutberly of and Adjacellt to Kadera Road at the Terminus of MeJ:cedes Road." 14. Resolution No. 4623: "A Resolution of the City Council of the City of Cupertino Orderin' Vacation of a Portion of Madera Road, Retaining it as a Sanitary Sewor Easement and a Public Utility EasemeLt, as Pro- vided in 5ection 8320 et seq. of the Streets and Righways Code of the State of California." . PLANNING APPLICATIONS 17. Application 26-TM-77 of Brother Robert Juenemann (Karian18t Province of the Pacific): Tentative Map to eU,unate four residential lots of record, tb·,s combining the 1.3 acre" with the rOlllainder of the ap- plicant's property, Said property is located southerly of and adJa- c..nt to KadeTa ao.d at the terminus of Merced.." Road. Recouaended for ap:>roi7al. It was moved by Counc. Nellis, second,.! by Counc:. Jackson and passed unan- Items combined imousJv to combine items 13, 14 and Ii. Presentation - Louis Paviso, San Juan Road It was moved by Counc. Neilis, seconded by Counc. Meyers and passed unan- Public hearing i~ously to close the public hearing. closed It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unan- 25-Z-77 imously to approve Application 25-Z-77 pursuant to Planning Commission approved Resolution 177C. It was 1IIOved by Counc. Meyer.., seconded by eounc. Nellis and passed unan- imously to read Ordinance No. 851 by title only and the Mayor's reading to constitute th. first reading. . It was moved t.y Counc. Nellis, seconded by Counc. Meyers and passed unan- imously to adopt Resolution No. 4623. First reading of Ord. !I". 851 s. No. 4623 adopted It was mov..d by Co~nc. ~ellis, seconded by Counc. Jackson and ~assed unan 26-TM-77 imously to approve Application 26-TM-77 pursuant to Planning Commission approved Resolution 1771. / .~ . CC-393 .e 4 Public hear- ing closed Policy No. 1 approved Policy No. 2 aeved Density desig nation Res. No. 4607 adopted Publir hea r- ing closed Amendmen t tù fence ord. approved .At rea¿ing ofllllll'rd. No. 852 ."....~,. ..,"" .) ;,,' . ..... '-~' ~ MINUTES OF THE DECEHBER 19, 1977, City COUBClL KEETIF PUBLIC IlEARINGS (continued) 15. General Plan AlleadMnt 2-GPA-77 which ~s the land use e1_t of the General Plan by adopting General Piau Policy tio. 1 8Dd Policy No. 2 and redesignating land uses for a 2.3 acre parcel in Town Center. (a) Resolutioa No. 4607: itA Resolution of ths City Council of the City of Cupertino Adopti~g an Aøendøent to the General Plan Concerning the Addition of Two General Policy StateJRents, and the Redesignation of Permit~ed LIIIId Uses for a Specific Property in the Town Center." Pr"~entations - Howard Ruth, Los Altos; Dennis Kobza, architect; Rose Gid- dings, Sllverado Avenue; :iormllll Tucker, Silverado Avenue. It was moved by Coun~. Meyers, seconded by Counc. O'Keefe and passed unanimously to close the public hearing. It was moved by Counc. Meyers, seconded by Couoc. Jackson and passed unanimously with Counc. Nellia abstaining to approve Policy No. i as shown on Exhibit A-I of Resolution No. 4607. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously to approve P011CY No. 2 ss shown in Exhibit A-I of Resolu- tion No. 4607. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unanimously that a density designation of 4.4-7.7 dwelling units per gross acre be applied to the 2.8 gross acre parcel in the Town Center as indicated in Resolution No. 4607. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously to adopt Resolution ~o. 4607. 16. Amendment to City of Cupertino Fence Ordinance. (a) First reading of Ordinance No. 852: "An Ordinance of the City of Cupertino Amending Chapter 16.28.040 of the ~ity of Cupertino Municipal Code Relating to the Loca~ion of Fences in the Side Yard of Corner Lots. It It was moved by Counc. Meyer~, saconded by Counc. Fellis and passed unanimo',.:ly to close the public hearing. It was moved by Counc. Meyers, seconded by Counc. Nellis and passed with Counc. Jackson and Couuc. O'Keefe dissenting to approve the ~ro~osed amendment to the City of Cupertino Fence Ordi~ance. It was moved by Counc. Meyers, sec~ ·~d by Coun~. Jackson and passed unanimously to read Ordinance No. 852 by title only and the Mayor's reading to constitute the first reading. ,;~.'. , ','.- ,.. '. .", ~ 7;J..-~';":'_'1"~"" . MINUTES OF THE DSCEKBER 19, ln7, t"""Y COUNCIJ_ I\:..ßTlNG PLANNING APPLICATIONS (cootiaued) 18. Application 23-'1'M-77 of Debcor Corporation (R. B. Childre..): Tenta- tive Hap to .djuat property liDe. dividing three mating parcela. Said proper::y 18 ~ted in . þ1Art CaIIyon westerly of lløgnart ad, (22025 Regaart Rd.), lløc_ded for approval. CITY CLERK'S NalS: Counc, NelU. abstained and left .he Council Chsllber. CC-393 '..e S It was moved by Counc, Heyen, seconded by Counc. Jac}¡"ou and passed wum- 23-'1H-77 imously with Counc. Nellis abstaia1na to approve Application 23-TH-77 pur- approved su-nt to Planning CoIadsaion Resolutioa 1753, CITY CLERK'S NOTE: Counc. NelUs returned to the OJuncil Chamber. 19. Apølication 29-~77 of Griffin and Murren Construction: Tentative Hap to adjust property line between two lots of record, Said proper- ty is located adjacent to and easterly of Crescent Road opposite the intersection of Crescent Road and Hillc~~st Road. Recommended for approval. It was moved by CotllC. Nellis. seconded by Counc. Meyers and passed unan- imously to approve Application 29-TM-77 pursuant to Planning Commission Resolution 1787. . ARCHITECTURAL AND SITE APPROVAL APPLICATIONS 23. Application BC-Sl,442.1 - Dividend Devel0VDI¡,nt Corporation requesting approval of site, ~rchitecture, landscaping and grading for a mini- storage warehouse complex with caretaker's re~idence located adjacent to and southerly of 280 Freeway adjacent to Blaney Avenue. Recom- mendation will be given orally at the œ~eting. It was explained that no recommendation had yet been received from the Archit~clural and Site Approv&l Committee and therefore Application RC-51, 442.1 was taken off the agenda. 24. Application HC-51,402.3 - Gilbert/Robinson (Houlihan Restaurant) re- questing approval of site, architecture, landscaping, grading and lighti~g for a restaurant facility located at the southeast COrDer of Portal Avenue and Stevens Creek Boulevard. Recommendation will be given orally at the meeting. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously to approve Application RC-51,402.3 pursuant to Architectural and Site Approval Resolution 768. PLANNING APPLICATTONS (continued) . 21. Application 34-U-77 of Devcon Construction, Inc.: Use Permit to allow co'~truction of an industrial building containing approximately 25,500 sq. ft. in a planned in~~strial zone. Said property is lo- cated at thc no.thwest corner of the intersection of Prune ridge and Tantau Avenues. Recommended for approval. 29-TM-77 approved Removed from sgenda RC-5l,402.3 approved CC- 39 3 p., 6 34-U-77 IIpproved Added condi" tion Res. No. 4627 adopted . Claim denied Public hear- ing on 29-U- 77 reschedule 3l-U-77 not a.ved "",",-\'i" "....J:....~'"Y-~ ~,'''" .' . "" ,,':>;:,-. ...:,.:" ,.,.:;,',"<~. MINUTES OF THE DECEMBER 19, 1977, CITY COUNCIL MEETING It was moved by CoIIDC. Kellia, seconded by Counc. Jackson and p..aed unanimously to approve APplication 34-U-77 purauant to PlaDll1.n¡ Cølail- sion Resolution 1792 with added Coadition Ko. 21 .. .-aDded which reads: 21. The applicant (or its successors in interest) shall enter into an agreement to join a car pool/van pool progrØD to be established by the City of Cupertino. Said agréaent may, at City's option, include provisions requiring applicant (or its successors 10 interest) to provide, by lease or purchase, up to one (1) 12-paase1lser van for eacl1. 25,OOC sq. ft. of employee occupied lII81lufacturinS floor area. UNFINISHED BUSINESS 26. Amendment to the Solid Waste Management Plan for Santa Clara County, Administrative Structure. It was moved by Counc. Jackson, seconded by Counc. Nellis and passed unanimously to adopt Resolution No. 4627. Resolution No. 4627: "A Resolution of Approval of the City of Cupertino Con- c~rring in the Amendment of the Solid Waste Management Plan for Santa Clara County Establishing an Interim, Countyw1de Administra- tive Structure." 27. Claim of Joshua Steven Morris (Notice of Additional Information). It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed unanimously to deny the cl~. 28. Request from applicant t~ reopen consideration of Application 29-U-77, the Do-Nut. Wheel property. It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unanimously to reschedule a public hearing on Application 29-U-77 for the meeting of January 16, 1978, and the City Clerk be instructed to notify all interested parties. PLANNING APPLICATIONS (continued) 20. Applications 3l-U-77 and 27-TM-i7 of Dr. Joseph F. Brown: Use Permit to allow construction of an industrial building containing approxi- mately 36,500 sq. ft.; Tentative Map to divide approximately six acres into two parcels. Said property is located at the northerly terminus of Bandley Drive. Recommended for approval. Presentations - Dr. Joseph Brown, a.?licant; Itsuo ûenaka, Cupertino Nursery; Jim Walker, developer; Ann Anger, Monta Vista It was moved by Counc. Nellis, seconded by Counc. Frolich to approve Application 3l-U-77 pursuant to Planning Commission Resolution 1789 with an additional Condition No. 23 as amended plus the removal of the duplicated Condition No. 21; the m~tion was defeated with Coone. Jackson, Counc. Meyers and Counc. O'~efe disgenting. I ."._~""'t'~~~~~~:~,...~~\~~;'r:'l'.f¡",~'~:'~~~¡'~"'~'"~. , ,.,..; ··,f" . , , " ;~; ',.<'C. KINUTES 0' THE ÐECIMBEIl 19, 1977, CITY COUNCU IŒKTIHG . It was IIOv"d b» Couac. Jackson, secondad by Couac. O'Keefe anrt pass ad una imously t~ adopt Application 27-TM-71 pur.suaat to Plaarjn& ~ssion Resoluti011 1790, with l1li added Coadition readiql The devel~oer shall dedicate Baadley Dr. to it. ult~te width and that minimum i..provements shall couaist of illl lroving eaid roadway between west erly right oi way line and the easterly curb and gutter. Remaining 1m- provements between curb and gutter and the easterly right of way to be completed at tbe t1ae the parcel to the east develops. It was moved by Couac. Jackllon, ..::onded by Couac, Heyers and passed with Counc. Frolich and Counc. Nellis dissenting to deny Application 3l-U-77 without prejudice. It was moved by Couac. Jackson, seconded by Counc. Meyers and passed with Counc. Frolich and Counc. Nellis dissenting tu adopt findlogs for the denial as follows: . That the proposed use is detrimental to the health, safety, peace, morals and general welfare of persons residing or working 10 the neighborhood of such proposed use and is injurious to property and iaprovements in the neighborhood and this is based "-on che discussion at the City Council meeting, specifically the over-concentration of industrial development at this particular site; the possibility of increased industrial traffic the need to provid~ a better balance within the community of homes against the jobs; anc\, further the problems of integrating that partic- ular use with the developmects to the east and to the north. 22. Applications 35-~-77 and 31-TM-77 of C1rcle A Land & Cattle Co.: Use Permit to allow construction of a professional office building containing approximately 10,700 sq. ft.; Tentative Kap to allow the sale of individual offices as air space condominiums. Said property is located adjacent to and northerly of Pacifica Drive approximately 120 ft. westerly of the intersection of Torre Avenue and Pacifica Drive. Recu_....nited for approval. It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unan- imously to approve Application 35-U-77 pursuant to Planning Commission Resolution 1793. , F:,!" , ...... CC-393 Pale 7 27-TM-77 apþroved AJded condi- ti011 31-U-77 denied without preju- dice lindings adopted for denial 3S-U-ï7 approved It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unan- 3l-TM-77 imously to approvlt Application 3l-TM-77 pursuant to Planning Commission approved Resolution 1794. UNIFNISHED BUSINESS (continued) 29. t~nDower estimate for completion of jobs/housing evaluation - General Plan Consolidation. . It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed with Counc. Frolich dissenting that the staff be authorized to undertake a study for possible conversion to increased densities in Alternate 2 to 4 dwelling u»its per acre for tj¡e four parcels west of Freeway 85. Also, that they undertake a study of tne uncommitted part of Vallco Park, meaning that area that is South of Freeway 280, as some of that as being Stud~1 of con- ver1'jion to increased den- sities to be undertaken L . CC-393 .8 Study given 1/0. 1 ;;clorit Rewording of cond i tions re Pacific vley Bank . _."'-~-_._--- ~.- . . '~;'(.t"~1I~'·"'''''~1''''''i~'~''~~ "~~"¥j~~'f,.r;;:>,~~~''!'~';...,~ , . "";.\ ' ,. . ,.""", , , MINUTES OF THE DECEMBER 19, 1977, CITY COUNCIL MEETING used for potentWly bigh density resideatial which includes that portion .crose the street fr~ thst beiaa ~servad for a hotel site; and the rut of the properties be uDdertaMn for study fer potential residential use. BnCOllpe8sed in thst study would be the issue that Hr. Meyers has raised as to the two parcela on Stev8D8 Creek Bcule- yard as' to their viability for use as residential property. The staff vas instructed to give thia study a number one priority and to defer all other projects '.:.ttil the General Plan is completed, NEW BUSINESS 32. Request for deletion of Condition of Approval - Pacific 'alley Bank - North De Anza Blvd. . It W88 moved by Counc. Meyera, eeconded by Counc. Jackaon and passed unanimously that Conditiou 17 of Application 2-TK-77, Conditiun 19 of Application 4-Z-77 and ~ndition 22 of Application 5-U-77 be reworded as follows; Prior to issuance of an occupancy per.it f~r the bank building, the Pacific Valley Bank shall sign a state.ent with the City agreeing to fund the installation of an off-site traffic diverter system to separate commercially induced traffic from the St. Joseph's Church property. The design of ssid diverter system shall reflect Exhibit E of the zoning and use permit applications. Said diverter system shall be installed when warranted as determined by the City and after concurrence by the Church. Unless warranted by the City, the require- ment for installation of the diverter system shall expire within two years after completion (sign off of building permit) of the Phase II building of the bank site. Mayor Frolich adjourned the meeting at 11:45 p. m. to 7:30 p. m., Tuesday, December 20, 1977. be. City Cle ...... '-. -,..,:" '., ".,. .''- ,