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CC 12-21-81 · · · CITY OF cunUINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014-3255 Telephone (408) 252-4505 KIRUTES OF THE REGULAR MaTING OF TBI CITY COUHCIL HELD ON DECEMBER 21, 1981 IN THE CODJICIL CHAMBER, CITY BALL CUPERTIMO, CALIIOIIJI1A Mayor Pro teapore Gatto called th~ ...ting to order at 6:50 p.., in the Council Cha8ber at City Ball. SALUTE TO THE FLAG ROLL CALL Counc. Present: Counc. Absent: Gatto, Johnaon, Plungy, Rogers Mayor Spsrks Staff Present: City Manager Quinlsn City Clerk Cornelius Director of Public Works Viakøvich Director of Planning and Degelopaent Sisk City Attorney Kilian STAFF REPOIlTS 1. Oral reports by staff members and submission of written reports. City Kanager's Report Extension of JPA Agreement - It vas !lOved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to approve extension of JPA with North County Municipal Solid Waste Manageaent Progr811 subject to the City Attorney's review. Property Tax Exchange After Jurisdictional Changes - The Property Tax Exchange resulting from a jurisdictional change discussion wss continued to the lIeeting of January 4, 1982. City Clerk's Report After confirmation of the time guidelines for the June election, con- atderation of changing date for appointment to advisory bodies wil: be agendlzed. It was moved by Counc. Rogers, se'jnded by Counc. Johnson and passed unan imously to grant a negative declaration for Application 57-EA-8l, bicycle lockers in City Hall parking lot. COUNCIl. REPORTS Counc. Johnson - Legislative Review Committee - By consensus, Council took the following action on pending legislation: support AB 1543 (Haz- ardous Waste); Oppose SB 314 (Binding Arbltrstion), SB 999 (Fireworks) and AB 1137 (Growth Management); no action on AS 2078 (Training), AB '1 (Coastal) and AS 2004 (LAFCO). CC-S56 Page 1 Extension of solid waste JPA Property tax exchange dis- cussion con- tinued Appointments to advisory bodies Negat ive D..c. for 57-EA-81, bike lockers Legislative Review Com- mittee report .5~ I tellS removed; balance 0 f Consent Calen- dar approved . Condominium convers ion . MDIU'lES OF 'rIlE DECEMBER 21, 1981 CITY COUNCIL MEETING CORSINT C.A T 1IIIftj, Counc. Roger. r~ved lUll 13 and Counc. Gatto removed Item 10, It vas moved by CoUDC. Rogers, seconded by Counc. Johnson and passed __usly to approve the balance of the Consent Calendar. 7. Resolutioa 50. 5779: "A Resolution of the City Council of the City of CUpertino Alloving Certain Claims and Demands Payable in the ~UDts and frOlD the Funds ss Hereinafter Described for Salaries ..... Wages for the Period Ending December 1, 1981," 8. Resolut1oD 50. 5781: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the A.øaats snd frOB the Funds ss Bereinafter Described for General ... Miscellaneous Expenditures for the Period Ending Decea- ber 4, 1981." 9. Resolutloa Bo. 5782: "A Resolution of the City Council of the City of CUpertino Allowing Certain Claias and Demands Payable in the Amo_U and froll the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending December 11, 1981." ~O. Reaove4 11. Acceptance of City project performed under contract: Varian Park Chain Link Pence Installation Project 80-01. 12. Reaolutioa 110. 5786: "A Resolution of the City Council of the City of Capertino Accepting Grant of Easement for Roadway Purposes from Craig A. Clark and Nancy Binneveg, Husband and Wife, Consisting of Approxiaately 0.01 Acres, Located along the Southerly Side of Alcazar JWenue West of Orange Avenue." 13. Removed ~ Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Gatto, Johnson, Plungy, Rogers Ncme Sparks Nolle ORAL COHHUlUCATIONS 14. Hr. Harley Barber, resident of Valley Green Apartments, addressed Council regarding their policy of condominium conversion. He requested that each potential conversion be considered individually. The mattèr of condolliniua conversion of tbe Valley Green Apartments shall p~babl,. be presented to Council in March. He requested that h.. be notified upon the agend1zina of this issue. · KIRUTES OF THE DECElfBER 21, 1981 CITY COUNCIL MEETING PUBLIC HEARINGS 15. Appeal of Planning Commission decision on Applicstion BC-5I,546.l of Antonio Reyes (Appeal fUed by J8IIIeS B. Dyer). Director of Planning and Development Sisk reviewed the application's history with Council. · Hr. James B. Dyer, 21685 Loadta Avenue, appellant, read various defini- tions of "prejudice" to Council. He reviewed s conversation he had had vith Hr. Sisk prior to the Planning Commission meeting at which time Hr. Sisk had stated that the change in building size and location vas considered a minor change, that s public hearing vas not ';'1. ne~"ssary and that the hearing would be s courtesy one. Hr. Dyer ststed that Chairperson Claudy of the Plsnning Commission used the same verbiage which indicated the matter had been previously discussed between the Department Director and the CmaDission Chairperson resulting in a pre- conc~ived judgment. Hr. Dyer stated that he had been sllowed to speak at the Planning Commission meeting but did not finish his statemeuts and the Commission did DOt have all the facts. He ststed that the building had been increased in size and moved forward inappropriately. Be further stated that at least the Planning Commission should have sddressed vhether these changes improved the overall excellence of the project. He felt that the increase in size resulted in overbuilding and that there would be a minimum 12 ft. setback frOlD his property line if there were no reciprocal ingress/egress agreement. He also ssid that the chain link fence on his property was to be removed but it had not been negotiated with him. He also informed Council that on the northwest corner a survey stake had been placed approximately one foot onto his property. City Attorney Kilian asked the appellsnt if hÐ had presented everything that he had not had the opportunity to present at the Planning CommÍ8Aion ~eeting. Hr. Dyer said yes; he expected some other people may wish to comment on the matter. He stated the opinion that the process had been badly handled by staff, and that the City needed to review its procedures snd priorities. The City Attorney advised Council that they could listen to all informa- tion conight, return it to the Planning Commission, continue the hearing for any other evidence or deny or grant the appeal. Ann Anger, 10185 Empire Avenue, stated her opinion that the Planning Commission is prejudiced regarding matters pertaining en the old Honta Vista area. She ststed that she ~ad not studied the details of Hr. Dyer's concerns. She stated that in regard to the parkir.g, tI.e Director of Plannin~ and Development had informed the Commission that they did not need to be concerned as staff would take care of that matter. · Director of Planning and Development Sisk stated that he had told the Co.mission that prior to the issuance of a building permit. the developer vould have to meet parking requirements. He stated that a public hearing is not required by the ordinance on this ~ind of issue; however, the neighbors were generally informed. There was the possibility of a CC-556 Pale 3 CC-556 .4 Public hearing closed Appeal denied Ordinance to be prepared . . KINUTES OF THE DI!CEMBEiI. 21, 1981 CITY COm'CIL MEnING reciprocal ingress/egress as the building had been originally approv.~, but that ability vas eU.a1nated vhen thp. current design vas approved. Hr. Louis Pina, architect, stated that he had worked virb staff and V88 complying vith every condition. Be bsd been trying to get a permit for 11 months and has lowered the building to 20 ft. as Mr. Dyer desired. It vas moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to close tbe public hearing. Counc. Johnson stated that he felt the major concerns vere vith the process, It was lDOVed by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to deny the appeal. Staff shsll address the Planning Comadssion procedure. Although legal requirements vere followed, Council felt the process could have been handled better. City Attorney Kilian stated that a chairperson csn reasonably restrict speakers. Therefore, app-.ala are allowed. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously that an ordinance be prepared that would provide that if there is a request for s change from the required setback as p~ovided in the KL Ordinance, the area under conaiderstion would go into a PD zone. 16. Consideration of cancellation of Land Conservation contract vith Otis and Huriel Forge. (Continuance to lIeeting of January ". 1982 requested. ) (a) Resolution No. 5783: "A Resolution of the City Council of the City of Cupertino Making Certain Findings Rquired by the Cslifornia Envirou.ental Quality Act in Connection vith the Cancellation of a Williamson Act Contract Relating to Real Property and Adopting s Negative Declaration Thereof." (a) Resolution No. 5784: "A Resolution of the City Council of the City of Cupertino Certifying to the County Auditor of Santa Clara County the Amount of Cancellation Fees to be Paid upon Cancellation of a Land Conservation Contract. Givi~g Tentative Approval to such Cancellation, Prescribing Conditions Upon Which This Resolution will be Effective, Directing the Clerk to Record a Certificate Relating to Such Cancellation Fee When Resolution is Effective, Requiring Payment in Full of Cancellation Fee Prior to the Cancellation Becomir.g Effective; and Prescribing Other Conditions in Connection Therewith." 17. Applications 19-Z-8l and 18-U-8l of De Anza Forge (Cupertino Village): Rezoning spproximately 7.3 acres from A (Excl~sivc Agricultural) to P (Planned Development with residential 10-20 dwelling units per gross acre intent) zone; Use Permit to construct 152 dwelling units snd Environmental Review: The Planning Commission recommends the gra~ting of a Negative Declaration. The subject property is located in the southvesterly quadrant of Homestead Road and De Anza Bo~levard just north of ijighway 280 (behind · · · rilRUTIIS OF THE DEC1!HBER 21, 1981 CITY COURCI1. Jtu¡x UIC 17. (continued) Boaestead Square ShoFping Center and De Anze LdIIIer). Re_('Mercled for approval. (Con~inusnce to meeting of Januøry 4, 1982 requested. (a) First reading of Ordinance No. 1153: "An Ordinanca of the C1ty of Cupertino l.mending Section 1 of Ordinance 50, 2 by Rezoning App~1.ately 7.3 Acres fr08 A to P Zone; Located in the South- westerly Quac!rant of Ho_te!ld Road and De Anza Bonlevard Just NoTth of Highway 280 (Behind Homestead Square Shopp1Dg Center and De Acza Laber)." It was aoved by Counc. Rogers, seconded by CoUDC. Plungy and passed unan- iJoously to continue to January 4, 1982. !8. Appl1cstion 26-Z-8l of City of Cupertino: Rezoning approxiaately 20 gross acres fr08 v·:.r1ous San Jose zoniõ1& districts (noted on table below) to the City of Cupertino P (Planned DevelØPDPDt with co commerical and/or residential 5-15 dvellinl units per gr~ss aere in- tent) zone and Enviro_ntal Review: The Planning CoõIIIis8ion recoa- aends the granting of a Regative Declaration. The subject property is generally located on the vest side of Saratoga-Sunnyva1e Road !le- tween Rainbow Drive and Prospect Road. Rec~ded for approval. Existing San .Jose Zones and Locations Existing Zoning wcations Gross Acres Cl (eo-erc:1al Dbtrict) Northwest Quadrant ~f Saratoga- Sunnyvale Rosd and Prospect Road 3.5 lI.2 (Tvo family Residence Dbtrict) West of Saratoga-Sunnyvale ~ad 6.0 beginning approximately 3C0 ft. north of Prospect Rosd to a point approximately 1,000 ft. north of Prospect Road (between the Cosch House Shopping Center snd Hinton Lumber). Cl (Co_rdal District) West sid~ of Saratoga-Sunnyvale Roað 10.0 from approximately 500 ft. north of Wildflower Way to 750 ft. south of Wildflower Way. Rl (Single- family Residence) South side of Wildflower Way approximately 250 ft. easterly of Poppy Way. .5 (a~ First reading of Ordi..ance No. 1154: "An Or.dinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 20 Gross Acres from Various San Jose Zoning Districts to the City ~f Cupertino P Zone; Generally Located on the West Side of Saratoga-Sunnyvale Road betveen Rainbow Drive and Prospect Road." tc-SS6 'ale 5 19-Z-8l, l8-U- 81, considers- tion of cancel- lation of land conservation ontract con- tinued ·5: Public hearing closed Negative Dec. for 26-Z-81 26-Z-8l approved as amended ~ resding ~'?I!Çd. 1154 Negative Dec. for 25-TH-81 25-TH-81 approved with added condi- tions . HlRUTES OF TIlE DEClllBER 21, 1981 CITY COO.cn IluUMi Director of Planning and Develo lMllt Siak reviewed the application witb CJunc1l. Hr. Dick Childre..., 11701 Regnart Canyon Drive, stated agreement with the flexibility allowed in the plan. Be asked if public hearings vould be held at s~ point regarding the proposed ..diar strip. The Director of Public Worlul inf~d him that this vas the appropriate hearing for discussion of the aediao strip. Mr. Childress requested that Council look carefully at such a barrier ss this going across to'"ll. It vas !lOVed by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to close the public hearing. It vas !lOVed by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 26-Z-8l. It vas ...wed by Counc. Plungy, seconded by Counc. Rogers and pused unanimously to approve Application 2(.-Z-8l per Planning eo-iasion Resolution No. 2261 &mended to incl'~e a residential option consistent vitb the Genersl Plan ss a permitted land use. It vas lIOVed by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1154 by title only and the City Clerk's reading to constitute the first reading. PLANNING APPLICATIONS 19. Application 25-TH-8l of Ralph Hardie: Tent~tive Map to resubdivide approximately .55 acre into twO parcels of J,840 sq. ft. and 14,200 sq. ft. and Envir01llDental Review: The Planning eo-ission reco.... mends the granting of a Negative Declarstion. The subject property is located on the vest side of Stevens Canyon Road approximately 300 ft. north of Santa Lucis Road in an Rl-7.5 (Residential Single- family, 7,500 sq. ft, lIiniŒUm lot size) zone. Recommended for approval. It was moved by Counc. PJungy, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 25-~-81. It was ~~ved by Counc. Plungy, seconded by Counc. Rogers and passed unanL~usly to approve Application 25-TH-8l per Planning Commission Resolution No. 2272 vith the addition of the folloving conditions: 16. The applicant shall construct an emergency fire turn-around area to serve parcel two and incorporate said turn-around within a fire access easement. Said fire turn-around shall be constructed and the easement provided prior to or in accord3nce vith the recorda- tion of the final map. 17. The applicant shall locate and incorporate the existing sanitary sewer line serving parcel two within an easement over parcel one or move the sever connection vi thin the flag corridor for parcel tvo per the requirements of the Cupertino Sanitary District, .. . . ..........- VA .l.øs. U£o'VJ:oI"&UÞA 40.... .&."0.1. \,0.&....... "^,Uft\,,.&..a. ft&oAI.J.ØV Cor.diti~ 17. (continued). Said easement or move8eDt of sanitary sewer line shall be completeJ prior to or in conjunction with filing of the final parcel IISp. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 20. None ITEHS Rl!HOVED FROM CONSENT CALENDAR 10. Ap~lication BC-5l,553.l - Grosvenor International (Trilogy Systems) requesting appro"al to add 54,000 sq. ft. to a previously approved 183,000 sq. ft. light industrial bu1l~ing. The subject property is locsted on the north side of the Junipero Serra Freeway and 700 ft. south of Pruneridge Avenue, approximately 1,300 ft. east of Wolfe Road. 13. Minutes of the regular City Council meeting of December 7, 1981. (CC-55~) It vas moved by Counc. Rogers, sp.conded by Counc. Plungy and passed unan- imously to approve Application BC-5l,553.l of Grosvenor International (TrilogJ SystetlS) and to approve thE' minutes of the December 7, 1981 Cou.,cil meeting vith the inclusion of Counc. Rogers' report pertaining to handicapped parking legislation. UNFINISHED BUSINESS 22. Discussion concerning review of Goals Committee document. By consensus, Cour.cil directed that the Goals Committee Report be suhmitt to Council prior to presen~ation to the Planning Commission. NEW 8USINESS 23. Claim for damages to 1965 Mustang filed by Robert E. Maloney, Esq. 0 behalf of Patricia Ann Kanitz. It vas dOv.d by Counc. Rogers, seconded by Counc. Plungy and passed unan- imously to reject the claim filed by Robert E. Maloney, Esq. on behalf of Patricia Ann Kanitz, and the Clerk was directed to so notify the claima.lt. 24. Request for authorization (appropriation) of funds from Vallco En- vironmental lmpact Fund for Tantau Avenue Signal. It vas caved by Counc. Plungy, sec~nded by Counc. Johnson and passed unan imously to authorize staff to proceed with the replacement of the Tantau- Vallco Parkway controller to 9ll-S and use funds from the Wolfe Road interconnect project in the amount of $6,100. 25. Consideration of agreement with CH2H Hill, consultant for traffic study. """'-~30 Page 7 BC-5l,553.l approved; December 7 minutes ap- proved Report of Goals Committee Kanitz claim rej ected ReplaceIr~nt of signal ,uth- orized at Tantau-Vallco Parkway We 3' . Res. 5787 adopted Secorod read!1II of Old. 1151 .a 1151 ~ted ! Second readina of Ord. 1152 Ord. 1152 ¡ enacted First reading of Ord. 1155 . First readiq of Ord. 1156 --.--- 25. (a> Resolution No. 5787: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement between the City and CB2K Bill, Consultant for a Traffic Stuty.n It vas !lOved by Counc. Plungy, seconded by Counc. Johnson and p."sed unanimously to adopt Resolution No. 5787 authorizing execution of agree- aent with CH2H Hill, consultant, for a traffic study. WRITTEN COIIroNICATIONS 26. None ORDINANCES 27. Second reading of Ordinance No. 1151: "An Ordinance of the City of Cupertino Deleting Stelling Road frOM Sections 11.24.150 snd 11.24.160 of the Cupertino Municipal Code, Relating to Stopping, Standing or Parking on Public Streets and Providing for Signs or Red Curbing Notifying the Public Thereof." It vas lDOVed by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1151 by title only snd the City Clerk's reading to constitute the second reading. It vss !lOved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to ensct Ordinance No. 1151. 28. Second reading of Ordinance No. 1152: "An Ordinance of the City of Cupertino Ame:~din¡; Sections 11.24.150 and 11.24.160 of the CUllertino Municipal Code, Relating to Stopping, Standing or Parking on Public Streets on Stelling Rosd." It vas !lOved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1152 by title only and the City Clerk's readin~ to constitute the secoud reading. It vas moved by Counc. Rogers, seconded by C?unc. Johnson and passed unanimously to enact Ordinance No. 1152. 29. First reading of Ordinance No. 1155: "An Ordinance of the City of Cupertino Amending Section 11.24.150 of the Cupertino Hunicipal Code, Relating to Stopping, Standing or Parking on Bandley Drive." It vas moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1155 by title only and the City Clerk's reading to con~titute the first reading. 30. First reading Of Ordinance No. 11%: "An Ordinance of rhe City of Cupertino Amending Section 11.20.020 of the Cupertino Hunicipa1 Code, Relating to Vehicular Stop Required on Cleo Avenue and Garden- side Lane..1t It was moved by Counc. Plungy, seconded by Counc. Rogers and paHsed unanimously to r~ad Ordinance No. 1156 hy title only and the City Clerk's reading to constitute the first reading. . . . HIHUTES OF 'lHE DECEllBEIt 21, .l~II.l ....l·n \AN_", .......~ RESOLUTIONS . 31. Resolution No. 5785: "A JIaolut1on of the City Council of the City of Cupertino supporting the BaUot Jfeaaure of the Santa Clara Valley Wat~r District." -- - -- Page 9 It vas lIoved by Counc. !lDgers, seconded by Counc. Plungy and passed unan- Res. 578S imously to adopt Resolution No. 5785 supporting the ballot ....are of the adopted Santa Clara Valley Water Diatrict on the June ballot. At 9:35 p.m., the meeting was adjourned. -L2,~~_:- City Clerk