CC 01-07-85
CITY or CUPBJlTIICO, STAU OF CALIFORJlU
10300 Terre Avenue, Cupertino, CA 950111
Telephone I (1I08) 252-11505)
CC-662
MIICUTES OF THE REGULAR MEETING or THE CIn COIIICCIL
HELD ON JANUARY 7, 1985 IN THE COUNCIL CHAMBER,
CITY HALL, CUPERTINO, CALIFORNIA
Mayor Johnson oalled the meeting to order in the Council
Chamber.
SALUTK TO THE FLAG
ROLL CALL
Counc. present I
Gatto, Plungy, Rogers, Sparks, Mayor Johnson
Staff Present I
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Finance Snyder
Director of Parks and Recreation Dowling
City Attorney Kilian
POSTPONEMENTS OR NEW AGENDA ITEMS - Itell'S 30 and 31
continued to February II, 1985.
By consensus, Council continued Iteas 30 and 31 to the
meeting of Februa..y 4, 1985.
It was IIIOved by Counc. Gatto, seconded by Counc. Rogers and
passed unanimouslY to continued Item lCo. 4 to March 4 and
Item No. 6 to January 21, 1985.
Presentation of proclamation to Barbal~ Campbell upon her
retirement as County of Santa Clara Librarian - Mayor
Johnson presented Barbara Campbell a proclamation in honor
of her years of service to the community.
Julie Shields, Chairperson of the Cupertino Library
Coam1ssion, thanked Miss Campbell tor her service to
Cupertino.
STAFF REPORTS
1. Oral reports by statf members and subaù.ssion of written
reports.
_1_
Items con-
t1Dued
Barbara Camp-
bell ret ire-
ment
.
Mobile Home
Park Conver-
sion Study
Conflict of
INterest Code
M"eting
with Zschau
Budget
review sched-
ule
.
Pinntage
Parkway
Townhomes
Waived four
fees
Pay fees
.
MINUTKS OF THE JAlCUARY 7, 1985 CITY COUNCIL MEBT~ (CC-662)
fity Manager's Report
Mobile Home Park Conversion Study - By consensus, Council
took no action but directed I!taff to intorm the Planning
Commission that this report is available should they wish to
review it.
Federal Election Commission - This item will be discuased in
closed session.
Conflict of Interest It was moved by Counc. Sparks,
seconded by Counc. Rogers and passed unanimously to reter
the City's Conflict of Interest Code to the City Attorney
for review and update. Th.. City Attorney will report back
no later than February 19.
Meeting with Congressman Zschau
earlier meeting time on Tuesday
afternoon. The City Manager will
Zschau.
Council requested an
or sometime Monday
contact Congressman
Non-agenda item - Agenda schedule for budget review - By
consensus, Counoil set ~onday, February 25 for review of the
Five-::'ear Forecast and Tuesday, June 10 for Counoil review
ot the budget. Monday, July 1 was set for a public hearing
on using Revenue Sharing and adoption of the bUdget.
Pinntage Parkway Townhomes - Director of Planning and
Development Sisk reviewed the report with Council. Mr.
Christensen informed Council he was no lODger buying in that
development and thanked both Council and staff tor their
response to his concerns.
2. Report on false alarm hearings:
Director ot Finance Snyder reviewed the reports w1th
Council. lCeither Mr. Frangadakis nor anyone representing
Allar10 Appliance were present.
(a) Allar10 Appliance.
It was IIIOved by Counc. Sparks, seconded by Counc. Gatto and
passed unanimously to waive tour ot the tees charged.
(b) Mr. George Frangadakis.
It was moved by Counc. Sparks, seconded by Counc.
passed unanimously to direct Mr. Frandagakis
fees.
Gatto and
to pay all
_2_
MINUTKS OF THE JANUARY 7, 1985 CITY COUNCIL MEETIMG (CC-662)
3. Streamlining process in Bui¡ding Division.
Council reviewed the report with the City Manager and the
D1rector of Planning and Development. Staff answered
questions regarding the firm with whioh the City contracts
for plan checking. Council suggested that Category 1 be
reorganized to separate items that can be handled
immediately at the counter from those that would take longer
staff time. Council directed the Planning Director, City
Manager and City Attorney to meet with Couno. Sparks
regarding the contractor's liability insurance and directed
staff to report back.
4. Report on Sheriff's Department warrant service costs,
1983-84 fiscal year.
Continued to March 4, 1985.
5. Memorandum proposal submitted by the Santa Clara County
Sheriff's Department - DUI team.
Lt. Wilson
that Sgt.
present to
answered questions from Council
Medlin who had prepared the
answer any questions.
and informed them
report was also
It was moved by Counc. Rogers, seconded by Couno.
passed wi th Counc. Sparks dissenting to approve
subJeot to the Sherift's Department developing an
monitoring system.
Plungy and
the plan
acceptable
It was stated that the g~i ot the program is to have fewer
drunk drivers on the road.
6. 1984-85 Plan for Service _ Santa Clara County Sheriff's
Department.
Continued to January 21, 1985.
COUNCIL REPORTS
11. Counc. Sparks: BMR Sub-COIIIIIIittee _ The dat.e ot the
joint Council/BMR Sub-Committee meeting was changed to
January 28 at 7100 p.m.
CONSENT CALENDAR
Counc. Gatto removed Item 16 and Counc. Plunay removed it_
17.
It was moved by Couno. Gatto, seconded by Counc. Rogers and
passed unanimously to approve the balance of the Consent
Calendar as subaù.tted.
i~. Request for waiver of business lioense fees _ National
Action Against Rape.
-3-
Building
Division
streamlining
DUI team
proposal
BMR Sub-
Committee
meeting with
Council
Items removed
Consent Calen-
dar approved
MlNUTKS OF THE JANUARY 7, 1985 CITY COUNCIL MEETIIfIJ (CC-662)
13. Resolution No. 647": "A Resolution of the City Council
of the City of Cupertino Allowing CertaiD Claims and
lJe1Dands Payable in the Amounts an" t'roc the Funds as
dereinafter Described tor Salaries and wages tor the
Payroll Period Ending December 14, 1984."
14. Resolution No. 6475: "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 Miscellaneous
Expenditures for the Period Ending December 21, 1984."
15. Resolution No. 6477: "A Resolution of the City Council
of the City of Cupertino Approving Final Hap of Traot
No. 7682, Hoover School Site on Barnhart St., Developer,
City of Cupertino and Authorizing the City Engineer to
Sign the Final Hap."
16. Removed.
17. Removed.
18. Resolution No. 64791 "A Resolution of the City Council
of the City of Cupertino Approving the Parcel Map and
Improvement Plans of Property Looated on Crescent Road
Developer, Louis L. DeLu Jr., Authorizing Execution ot
Improvement Agreement; Authorizing Signing of Paroel Map
and Improvement Plans."
19. Resolution No. 6480: "A Resolution ot the City Council
of the City of Cupertino Authorizing the Execution ot
Deterred Agreement with Louis L. DeLu Jr. and Simone R.
DeLu tor the Improvement ot Frontage on Crescent Road."
20. Resolution No. 6481: "A Resolution ot the City Council
ot the City of Cupertino Accepting Grant of Easement tor
Roadway Purposes from Hugh Dutfy and Mary Dufty
Consisting of Approximately 0.048 Acres, Located
Southwest Corner ot Santa Paula Avenue and San Leandro
Avent: t."
21. Resolution No. 6482: "A Resolution of the City Council
ot the City of Cupertino Approving Contraot Cñange Order
No. 4 For City Hall Air Conditioning Modification Phase
II - Maintenanoe."
22. Minutes of adjourned regular meeting of December 5,
1984. (CC-660A)
23. Minutes of regular meeting of December 17, 1984.
(CC-661)
-} .
HlNUTKS OF THE JAlCUARY 7, 1985 CITY COUNCIL MEETING (CC-662)
Vote Members of the City Council
AYES I
NOKSI
ABSENT I
ABSTAIN I
Gatto,
None
None
None
Plungy, Rogers, Sparks, Johnson
ITEMS REMOVED FROM CONSENT CALENDAR
16. Resolution No. 6478: "A Resolution ot the City Counoil
of the City of Cupertino Approving the Final Map ot
Traot No. 7683 J~llyman School Site, Developer, City of
Cuperti"o and Authorizing the City Engineer to Sign the
Final Map."
Council requested that a copy of the final map of the tract
be reviewed prior to adopting the resolution whioh was
continued to a time later in the meeting.
17. Approve grants from Cable TV Advisory Committee,
It was moved by Counc. Plungy, seconded by Counc. Rogers and
passed unanimously to approve the grant recommendations with
staff olarification of the award to Mark and Carol Romo.
ORAL COMMUNICATIONS
25. Members ot the audienoe regarding matters not on the
agenda.
Mr. Rex Bishop ot the Building Industry ot Amerioan
introduced himself to Council.
PUBLIC HEARIICGS
26. Consideration of increase in water rates.
(a) Urgency Ordinance No. 12961 "An Ordinance ot the
City ot Cupertino Amending Seotion 15.08.020,
Amending the Quantity Rates tor Domestio Water
Service, Chapter 15.08 ot the Cupertino Municipal
Code and Deolaring the Urgency Thereat."
It was mov~j by Counc. G'1tto, seconded by Counc. Sparks and
passed unanimously to close the public hearing.
It was moved by Counc. Plur.gy, seconded by Counc. Rogers and
passed unanimously to read Urgency Ordinance No. 1296 by
title only and the City Clerk's reading to constitute the
reading thsreof.
-5-
Res. 6478
adopted
Cable TV
grants
Public hearing
closed
Reading of
Urgency Ord.
No. l296
.ency Ord.
1296 enacted
Public
hearing
closed
Oddfellows
bingo per-
mit renewed
.
.
..~ -'">""\'" ....
MINUTKS OF THE JANUARY 7, 1985 CITY COUNCIL MEETING (CC-662)
It was moved by Counc.
passed with Counc.
ordinanoe No. 1296.
Rogers, seconded by Counc. Gatto and
Sparks dissenting to enact Urgency
27. Renewal of bingo permit for the Independent Order ot
Oddfellows, Lodge No. 70.
It was moved by Counc. Sparks, seconded by Counc. Gatto and
passed unanimously to close the publio hearing.
It was
passed
permi t
70.
moved
with
for
by Counc. Rogers, seconded by Counc. Gatto and
Counc. Sparks dissenting to renew the bingo
the Independent Order of Oddfellows, Lodge No.
28. Consideration of olosure of Kim Street.
(a) Resolution No. 6476: "A Resolution of the City
Council of the City of Cupertino Ordering Vacation
of a Portion ot Kim Street as Provided in Section
8320 et seq. of the Streets and Highways Code of
the State of Calitornia, Retaining 1t as a Public
Utility Easement, Sanitary Sewer Easement,
Landscape Easement, Pedestrian and Bioycle
EasMent. "
Director of Publio Works ViSKovlch reviewed his report and
the types ot artiticial barriers that could be used.
Mr. Mark SerJeant, president of the Laurelhurst HomðoWDers
Association, submitted a petition tro. the residents. He
stated that the preference of the area was to keep Kim
Street closed trom 6:00 a.m. to 9:00 a.m. on weekdays.
James Purdy, 7950 McClellan Roae:,
Berkeley regarding street barriers.
divert the trattic as reoomaended.
quoted from Rumford vs.
Ue said the City cannot
The Director ot Publ10 Works said
whatever barrier might be approved
CalTrans list.
that he would cheok
to make sure it was on
Ken Kelly ot the 7400 block on De La Farge requested demand
lights at Bollinger and De ADza Boulevard.
Peggy Urquhart, 7552 Erin Way, stated that the problems have
been helped but not sufticiently. She urged Council
to approve complete closure. She stated that there
is also high volume tratfic from 4-8:00 p.m. and from noon
to 1 :00 p.m. She informed Council that there are constant
violations of the re~triction and stated that she feels
Bollinger should go through to Stelling.
-6_
.
MIICUTES OF mE JANUARY 7, 1985 CITY COUNCIL MEETINO (CC-662)
Phil Carlson, 7503 De Foe Drive, supported the closure or
Kim Street. He also stated that the time for cars to turn
lett from Bollinger onto De ADza is insufficient.
Bernie Kalvelage, 7515 Tiptoe Lane, informed Counoil that he
would like to see K1aI Street reopened and asked why it was
closed iD the first plaoe.
Rioh Bailey, 882 Kim Street, urged Council to at least
continue the current restrictions. He suggested that the
restriotions be extended to include 4_6:00 p.m. His tirst
choice was cOmplete closure of Kim Street.
Bill Riney, 864 Kim Street, also requested that Council
close Kim late at night.
Joanne Rafter, 1066 COlony Hills Lane, told Council that if
they close one street then others will cOme in requesting
street closures 91S0.
Jeanette JacksclI, Fallen Leaf Lane, r.sked that Kim be opened
both ways and ~hat Bollinger go all t~1e way through.
.
Victoria Bailey, 882 Kim Street, told
problem is the satety of children.
closure of Kim.
Council that the
She urged permanent
Philip Walden, 7632 Erin Way, also urged olosure ot Kim or
it Kim could not be olosed requested that Council add
even1ng peak trattic time to the restriotion.
Dolores Doverspike, 849 Kim Street, stated that the
permanent morning closure would be all right.
John HolD ot Tuscany Place spoke against the olosure of Kim.
He stated that IIIOthers driving children to Faria School were
inoonvenienced and urged that Counoil at least shorten the
hours ot olosure.
Marilyn Wiley, 76110 Erin Way, said the street was never
designated a thoroughtare and that there is lots ¡¡f trattic
on the street. She pointed out that children do cross Kim
and Kirwin to go to the bus stop.
Robert Hall ot Kirwin Way urged the complete closure of Kim
as he did not think the limited closure was working.
.
Al Tarlink, 7478 Stantord Place, said that he walked the
streets in the area and counted approximately 452 homes and
several hundred apartments for a total of approximately
1,168 automobiles. He asked why preferential treatment was
being given to the residents or Kim.
-7-
.
Public hear-
ing closed
Kim street
restrictions
.
Pub lic hear-
_ closed
HINUTES OF THE JANUARY 7, 1985 CITY COUNCIL MEETING (CC-662)
Omar Boor, 1145 Kent~ Avenue, spoke against the olosure.
He urged Counoil to open up the streets in Cupertino and get
the traffio moving through.
Sue Olsen of Fallenleat Lane said that the present situat10n
with the restrictions was all right. She telt it was a
cOllpl'Ollise.
Andrea Harris ot Tuscany Place
was no olosure, her second
restriction be kept as is. She
when it was decided not to put
stated that her first ohoice
choice would be that the
felt the problem was created
Bollinger through.
It was moved by Counc. Plungy, seconded by Counc. Rogers and
passed unanimously to close the public hearing.
Cowlcil discussed ways to improve the situation for cars
turning left from Bollinger to De ADza Boulevard.
It was moved by Counc. Sparks, seconded by Couno. Rogers and
passed unanimously to continue the restriotions currently in
etfect, not to put up an artificial barrier but to emphasize
enforcement and to review the situation in six months.
The Director of Public Works informed Council that he will
study the left turn movement from Bollinger onto De ADza and
try to provide adequate time for the side street.
RECKSS: 9:10-9:25 p.m.
29. C1ty ot Cupertino: Public Hearing to consider an
amendllent to the CO (General Commercial) zoning district
and Environmental Review: The Planning Coam1ssion
1'8CoaHndS the granting of a Negative Declaration.
lIeoOllllllended for approval.
(a) First reading ot Ordinance No. 1295: "An Ordinance
of the City ot Cupertino Repealing Certain
Ordinanoes OUtlined in Seotion 1 and EstabliShing
an Ordinance Regulating General Commeroial (CO)
Zones."
Director ot Planning and Development Sisk revie~d the
report and the history of the agenda item. He also answered
Council questions.
Ann Anger, Monta Vista, spoke regarding
ordinance.
the proposed
It was moved by Counc. Plungy, seconded by Counc. Rogers and
passed unanimously to close the public hearing.
_8_
MINUTKS OF THE JAlCUARY 7, 1985 CITY COUNCIL MEETING (CC-662)
It was lIIoved by Counc. Gatto, seconded by Counc. Spar'(s and
passed unanimously to approve the granting of a Negative
Declaration.
It was moved by Coanc. Plungy, seconded by Counc. Rogers and
passed unanimously to read Ordinance No. 1295 by title only
and the City Clerk's reading to constitute the first reading
thereot, with the ordinanco amended as follows:
Section 4.8, delete "at the patron's fully set table."
Section 5.f., add "produce markets."
Se~tion 5.c., change "banks" to "financial institutions."
Section 5.a., correct spelling of "apparel."
Section 6.q.iii, change "uses vehicles" to "used vehicles."
It was mr,ved by Counc. Gatto, seconded by Counc. Rogers and
passed I~imously that staff submit to Counoil a map
showi~ the properties not under Planned Development.
30. Application 10_z_84 of Miohael Weber and Fred Michaud:
Rezoning approximately .51 gross acres from R1-7.5
(Residential Single-tamily, 7,500 sq. ft. minimum lot
size) zone to P (Planned Development with Office,
Commercial and Residential intent) zone and
Environmental Review I The Planning Commission
recommends the granting or a Negative Declaration. The
subJect property is located on the southwest corner ot
Miller Avenue and Richwood Drive. Reoommended for
approval. This application to be heard in conJunction
with Application 21-U-84. (Continued to February 4,
1985)
Continued to February 4, 1985.
PLANlCING APPLICATIONS
31. Application 21-U_84 ot Miohael Weber and Fred Miohaudl
Use Permit to expand an exiting si~le-story otfice
building to a two-story ottice building with 18,800 sq.
tt. and Environmental Review: The Planning Commission
recoaaend& the granting ot a Negative Deolaration. The
subJect property is located on the southwest corner ot
Miller Avenue and Richwood Drive. Recommended for
approval. This applioation to be heard in conJunotion
with Application 10-z_84. (Continued to February 4,
1985)
-9-
Negative
Declaration
First reading
of Ord. 1295.
CG zoning
.
First read-
icg of Ord.
tj7
Mariani
economic
study
Contract to
Bianchi
Construction
.
_,~",._"~~:u
MINUTKS OF THE JANUARY 7, 1985 CITY COUNCIL MEETIMG (CC-662)
Continued to February 4, 1985.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
32. None.
UNFINISHED BUSINESS
33. Date for Joint City Council/BMR Subcomø~ttee meeting.
NEW BUSIICESS
34. Codification of all direotional stops at certain
intersections along Stelling Road.
(a) Fir-st reading of Ordinance No. 1297: "An Ordinance
of the City of Cupertino Amending Section 11.20.030
of the Cupertino Municipal Code Relating to All
Direotional Vehicular Stop Required at Those
Certain Intersections Listed in Resolution No. 6235
ot the City Council of the City of Cupertinc."
It was moved by Counc. Plungy, seconded by Couno. Rogers and
~assed unanimously to read Ordinanoe No. 1297 by title only
and the City ClerIC's reading to constitute the first reading
thereof.
35. Mariani Fill8ßcial Company - Consideration
Plan Amendaent (Economic Study).
ot General
Director ot Planning and Development reviewed
with Council and introduced John Delmare ot
Properties who answered Council questions.
the report
Mariani
It was moved by Counc. Gatto, seoonded by Counc. Plungy and
passed with Counc. Sparks dissenting to direct that an
economic analysis be undertaken to address the issue ot
reasonable Protit on exclusive residential proJects (Item
2.a., Page 3 of statt report), and to include examination at
density ranges and configurations.
36. Report on bid opening, Miller Avenue Sidewalk
Improvement - ProJect 85-105, and award ot contract.
It was moved by Counc. Rogers, seconded by Couno. Sparks and
passed unanimously to award the oontract to Bianchi
Construction tor its low bid ot $7,955.70 and to approve a
contingency of $504.30 from the Minor Road Improvement
Budget.
37. Amended summons and complaint - Sei Chyu and Annie Chyu,
plaintiff.
Council received the amended summons and complaint.
_10_
'..
MIlCUTES OF mE JANUARY 7, 1985 CITY COUNCIL MEETIICG (CC-662)
WRITTEN COMMUNICATIONS
38. None.
COICSENT CALENDAR
16. (Continued frog earlier in the meeting.)
It was Ga';to, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 6478.
ORDI!4ANCES
39. lI()ne.
RESOLUTIOn::
40. None.
NON-AGENDA BUSIICESS
41. Reoognition by Mayor of speoial requests.
(a) General Audience.
Mr. John Spencer representing the Cupertino High School
Boosters Club requested that Couno1l reopen the public
hearing regarding amending the bingo permit for the olub.
By consensus, Counoil decided not to reopen the public
hearing regarding amending the pet'llit.
(b) City Council.
At 10:30 p.m. Counoil adJourned to a closed session.
At 10150 p.m., Council reconvened in open session in Council
Chaaber.
Counc1lmembers were present as were City Manager Quinlan,
City Clerk Cornelius, Direotor of Finance Snyder and City
Attorney Kilian.
It was moved by Counc. Gatto, seconded by Co:.mc. Rogers and
passed unanimously to direct staff to send a reinstatement
ot the claim with a copy ot the Federal Election COIIIIIIission
opinion and to request payment within 30 days. It payment
is not made within 30 days, Council will consider fUrther
legal action.
-11_
Res. 6478
adopted
Cupertino Hi
bingo permit
Claim
~:ord
~Cléi~
~
~1I
"
\
.
MDIUTBS OF THE JA5UARY 7, 1985 CIn COUIICIL MElTING (CC-662)
It _II 8Qved by Couno. Rogers, secODded by Couno. Johnson
and passed unanillous!y that the City Attorney contaot
Bredtord Financial Corporation with a cOIIproll1se on the
vater bill allowinS hookup.
At 11100 p..., the _ting vall adJourned.
~~
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¿~.~
,