CC 03-16-81
·
CITY OF CUPERTINO, STAn OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone (408) 252-4505
MINUTES OF THE REGULAR MEETING OF TIlE CITY COUNCIL
HELD ON MARCH 16, 1981 IN THE COIl1'ERENCE ROOM, CITY HALL
I.'UPERTINO, CALDORNIA
Mayor Rogers called the meeting to order in the Conference Room of City
P~ll at 6:50 p.m.
Counc. Present: Gatto, Johnson, Plungy, S~arks (6:55 p.m.), Mayor
Rogers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parks and Recreation Dovling
Assistant to the City Manager Brown
City Attorney Kilian
ST..;>}' REPORTS
1. Oral reports by staff -..hers and submission of written reports.
IIÞ City Manager's Report
Update on Route 85 Corridor - By consensus, Council authorized the City
Manager to send a letter to Senator O'Keefe with copies to other area
legislators regarding Route 85· corridor.
It vas moved by Counc. Gatto, seconded by Counc. Johnson and passed with
Mayor Rogers dissenting to go on record as opposed to aerial sprsying
with malathion as presently proposed, and to reqreet that the City Attor-
ney prepare an ordinance should such spraying be initi8ted.
It was moved by Counc. Sparb, seconded by CoUIIC. Johnson and passed
imously to disapprove that the West Cupertino Boaeowners Association ta
a traffic count and be paid a IliniIDum vage ffJr 80 doing. Director of
Public Works Viskovich vas authorized to transait that information to the
homeowners.
2. Report regarding AS 305 (Public Employee's Retirement System: Bene-
fits) .
Lt was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to support AB 305 pertaining to PERS benefits.
,
At 7:25 p.m., the meeting vas adjourned and reconvened in the Council
Chamber.
SAl UTE TO THE FLAG
CC-532
Page 1
Route 85
corridor
Aerial spray-
ing vith mala-
thion
Traffic count
by homoeowners
disapproved
Support AB 305
re PERS
\
_3~
Item removed.
Remainder
approved
.
.
}
MNUTES OF THE MARCH 16, 1981 CITY COUNCIL MEETING
\!JLL CALL
Counc. Present: Catto, Johnson, Plungy, Sparks, Mayor Rogers
Stsff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Siø~
Assistant to the Citý Manager
Assistant City Engineer Whitten
City Attorney Kilian
CONSENT CALENDAR
Counc. Plungy removed Item No. 13 CrOll the Consent Calendar. It vas
moved by Counc. Gatto, seconded by Counc. Sparks and passed unanimously
to approve the balance.
8. Resolution No. 5574: "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 Bereinafter Described for Salaries
and Wages for the Period Ending Pebruary 24, 1981."
9. Resolution No. 5575: "A Resolution of the City Council of the City
of Cupertino Allowing Certain ClailDa and Demands Payable in the
Amounts and frOlD the Funds as Hereinafter Described for General and
Hiscellaneous Expenditures for the Period Ending Karch 5. 1981."
10. Acceptance of lIunicipal improvements - De ~nza Racquet Club - Stelling
and Stevens Creek Boulevard.
11. Acceptance of City projects performed under contract: Stelling
Road Extens10n Project 80-22.
12. Resolution No. 5576: "A Resolution cf the City Council of the
City of Cupertino Initiating Annexation Proceedings Pursuant to
Section 35031 of the Government Code and Setting Time and Place
for the Public Hearing 'Olive Avenue 80-4"7'."
13. Removed.
Vcte Members of the City Council
AYES:
NOES:
ABSENT:
AB::'TAIN:
Gatto, Johnson, Plungy, Sparks, Rogers
None
None
None
ORAL COMMUNICATIONS
.
.
.
KINUTES OF THE MARCH 16, 1981 CITY COUNCIL MEETING
Mayor Rogers read a proclamation declaring Karch 19, 1981 as National
Agriculture Day in Cupertino.
14. Recognition by Mayor of Second and Third Grade class frOlD Eaton.
Mayor Rogers presented Mr.. Russell's second and third grade class fr~
Eaton School with a Resolution of Appreciation for their concern of Cup-
ertinu history. Councilmembars were presented vith Cupertino Historical
coloring books.
PUBLIC HEARINGS
15. Consideration of renewal of bingo permit for St. Joseph of Cuperti
Church.
It was DIOved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Spsrks af\d passed unan-
imously to approve renewal of the bingo permit for St. Joseph of Cuper-
tino Church for one year.
16. Appeal by residents of Planning Commission action granting approval
of Application 2l-U-76 (Revised), United Cable Television of Cuper-
tino, Inc. (Continued frOlD meeting of March 2, 1981.)
17. Appeal by United Cable Television of condition of height restrictio
for proposed tover to be constructed in City Corporation Yard (Ap-
plication 2l-U-76, Re"ised; United Cable Television of Cupertino,
Inc.). (ContinueJ from meeting of Karch 2, 1981.)
Hr. Richard Heaps, 10465 Mary Avenue, expressed his appreciation of
Council action to get the pro:,osed tower located on De Anza campus. He
stated he would prefer that Council would sustain the appeals but re-
moving them from the calendar would be acceptable.
Tom Clements of De Anza College told Council that a draft had been pre-
pared of a 20 point proposal and that the college is committed to having
the tower.
John Cribb, United Cable Television, said he would approve removal of
thc United appeal from the calendar subject to renotice.
City Attorney Kilian stated that if the De Anza site permit is issued tha
would mean the Corporation Yard af>proval is withdrawn.
Larry Dermody, 10500 Mary Avenue, appellant, approved removal of the
appeal from the cal~ndar as did Joseph Hauser.
Mr. Tom Padd.:>ck, husband of an appellant, 10469 Hary Aver.ue, stated that
the appellant was not present but he felt it would be agrceable with her
to remove the item from the calendar.
Jacqueline Eisenhart, 10497 Anson, appellant, also approvcd cemov2] of th
appeal from the calendar.
CC-532
Page 3
Agriculture
Day proclaimed
Eaton School
class recog-
nized
Public hearing
closed
Bingo permit
renewed
&32
PIre 4
Public hearing
closed
Appeal removed
from calendar
(Cable 1V
tower)
Continued
.
22-TH-80
withdrawn
I-TH-8l and
2-U-8l approve
and Nega ti ve
Dec. granted
.
MINUTES OF THE HARCH 16, 1981 CITY COUNCIL MEETING
It vas moved by Counc. Gatto, secorded by Counc. Sparks and passed
unanimously to close the public hesring.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and pas88d
unanimously to remove the sppe3ls from the cslendar subject to renorice
if necessary. The contract with United C~ble and De Anza Colleg8 will
be agendized for the April 6 Council meeting.
18. Consideration of modification of existing policies for improving
public streets and utilities along frontages of single family
lots. (Continued fro. meeting of February 17, 1981.)
(a) First reading of Ordinan.:e No. 1094: "An Ordinance of the
City of Cupertino Amending Chapter 14.04 of the Cupertino
Municipal Code Relating to Street Improvements."
It vas moved by Counc. Gatto, seconded by Counc. Sparks 2nd passed
unanimously to continue this item to the meeting of April 6, 1981.
PLANNING APPLICATIONS
19. Applicstion 22-1M-80 of Debcor Corporstion (Psboojian Property):
Tentative Hap to adjust a lot line between two existing parcels
to reduce the size of one parcel from one scre to .6 acre and increase
the size of the second parcel from l.g acres to 2.2 acres snd
Environmental Review. The subject property is located on the
north side of Lindy Lane opposit~ the intersectio~ with Lindy
Place. Recommended for approval. (Continued frOM meeting of
December 18, 1980; vithdrawn at applicant's request.)
It was ooved by Counc. Sparks, sec~nded by Counc. Plungy and passed
unanimously to withdraw Application 22-TH-80 per applicant's request.
20. Application l-TH-8l and 2-U-Bl of 540 EI Camino, Ltd.: Tentative
Hap to subdivide approximately 7.7 acres into 36 p~rcels; Use
Permit to con~tru~t 36 single-family homes and Environmental
Review. The s~bject property is located on the northeast corner
of Voss Avenue and Lockwood Drive. (Former Honta Vista School
site.) Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Johnson and passed
unanimously to approve Applications I-TH-81 and 2-U-81 per Planning
Commission Resolutions No. 2182 and 2183 and grant a Negative DeclaratIon.
Condition No. 18 was aùded to Application l-TH-8l as follows: "The
applicant should deposit cash or submit a letter of credit in an amount
sufficient to fund a traffic barrier to block speeding traffic on the
east/west street connecting Lockwood Drive to the road bordering the
City park. The decision to construct a barrier shall be made by City
Cou,",cil within a years period upon acceptance of public s tr<!ets."
þ
HINUTES OF THE KARCH 16, 1981 CITY COUlfCn "1!ETING
21. Application 6-U-73 of Vallco Park, Ltd.: Review of slllendment of
.reviously approved Use Perait to .-ad Condition 30 pertaining to
restriction of truck traffic along the ve8terly perimeter r~ad of th
Vallco Fsshion Park site. The subject property i9 located on the
vest side of Wolfe Road between Highway 280 and Steven.. Creek Boule-
vard. Rec~nded for spprova1.
I~ was moved by Counc. Sparks, seconded by Counc. Gatto an-J passed unan-
imously to approve Application 6-U-73 of Vall co Park, Ltd.; the sign pro-
gram to prohibit utilization by trucks sball continue.
ARCHITECTURAL AND SITE APPROVAL CCllHITTEE APPLICATIONS
22. None
ITEMS REK>VED FROM CONSENT CALENDAR
13. Approval of minutes of regular City Council meeting of Marcb 2,
1981. (CC-53l)
.
It was moved by Coun~. Gatto, seconded by Counc. Sparks and passed unsn-
imoualy to approve the March 2, 1981 City Council meeting minutes as
amended. Item 28, pagt! 7, second psragraph should read, " The
motion was defeated with Councilmembers Gatto, Johnson and Plun8Y dis-
senting."
UNFINISHED BUSINESS
24. Application HC-5l,299.l - Key Chevrolet (Paul Weiss) requesting
approval for the installation of steel bollsrds along the soutberly
perimeter of an automobile sales facility. Said property is located
at the northeast corner of Stevens Creek 6ou]~vard and Stelling Road
(Continued froll meeting of March 2, 19P1.)
It was moved by Counc. Plungy, seconded by Counc. Spsrks and passed .man-
imously to continue tbis item to the meeting of April 6, 1931.
RECESS: 8:25-8:35 p.m.
NEW BUSINESS
25. Report regarding procedures used by neighboring communities regard in
rental mediation boards.
Hr. Jack Paulson, member of the Tri County Apartment Association, stated
that he personally would try to help mediate tenant problems.
Ann Anger, board member of Tri County Apartment Association, stated that
sometimes it was necessary to increase rents because of inflation.
.
CC-5J2
Page 5
6-U-73 -
prohibit truc
March 2 min-
utes approved
..s corrected
HC-5I,299.l
continued
.3~
Agencies to
r:ontact re
rent problems
Amdahl claim
rejected
ASAC applica-
tion review
process revised
.
First reading
of Ord. 1100
as amended,
Energy Comm.
Contract to
Colebank, Ltd.
.
KINUTES OF THE KARCH 16, 1981 CITY COUNCn. MEETING
Loretta Eberhardt, West Valley Information and Referral, informed
Council that often she found the real problem vas lack of communication
between the landlord and the tenant.
It vss moved by Counc. Plungy, seconded by CoUf1c. Johnson and passed
with Counc. Sparks dissenting to direct staff to prepare s list of persons
and/or agencies t~ be contacted r~~arding rentsl problelDS. Staff vas
also asked to check with tbe Tri Counr.y Apartment Association to see
if persons can be referred to that: agency.
26. Claim against the City filed on behalf of Gene Myron Amf.ahl.
It vas moved by Counc. SparKs, seconded by Counc. Plungy and passed
unanimously to reject the claim filed by Gene Hyron Amdahl and direct
the City Clerk to so notify claimant. If the location of the accident
was within the County boundary, City Clerk shall so inform claimant.
27. Report regarding reorganization of Arch1tctural sn~ Site Approval
Committee.
It was moved by Counc. Sparks, seconded by Counc, Jnhson and passed
unanimously to approve the proposed revision of application review process
by ASAC and implement it immedistely if it is not in conflict vith
any existing ordinances.
28. Proposed formation of a Cupertino Energy Commission.
(a> First reading of Ordinance No. 1100: "An Ordina-.ce of the
City of CupertÍbo Adding Chapter 2.38 to the Cupertino H~nicipal
Code, Establishing an Energy COlIIDission."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1100, as amended, by title only and
the City Clerk's reading to constitute the first resding. The ordinance
was amended to state that one or more of the members must have relate~
energy technology experience and at least five members must be resi-
dents of Cupertino. It vas moved by Counc. Gatto, seconded by Counc.
Sparks and passed unanimously to conduct interviews for the Energy
Commission at 7:00 p.m., April 27 and to accep! applications until
April 21.
29. Report on bid opening, Traffic Signal Hodification, Project 80-16,
and award of contract.
It was moved by Counc. Sparks, seconded by Cou,"'. Johnson and passed
unanimously to award Project 8u-16, Traffic Signal Modification, to
Colebank, Ltd. for their bid of $37,~06.05. Staff was authorized to
retain 3 consultant to inspect port~ops of the work.
.
.
.
HUlurr;S OF THE MARCH 16, 1981 CITY C01JlIIr.IL MlETDfG
30. Five Year Capital lIIprov_t PrOlU.: Report froa Pl_in¡ eo-
mission finding t!lat the Pive feu PrOlJ''' (r.bruary 26. 1981, Re-
vised) is consistent with the General nan.
r~uncil received the reports.
31. Report on bid cpen1ng on Hann StaUcn 1'_1e, Project 80-38, and
award of ~ontract.
It was moved by Covnc. Sparks, Deconded by Counc. Johneon and pa..ed .me
imously to award Project 80-38, Hann Station Preca.t 'enel., to Print8X
Concrete Products fo~ the aaount of $16,239.
32. Request for temporary office trailer - rand.. Coaputer8, Inc. (19333
Vallco Parkway).
It vas moved by Counc. Gatto, 8econded by Counc. Sparks and pas8ed unan-
imously to approve a te8pØrary office trailer fo~ Tand.. Coaputer, Inc.
for a period of one year.
33. Request for temporary office trailers - ISS Sperry Univac (10501 N.
Tantau Avenue).
It vas moved by Counc. Sparka, seconded by Counc. Johnson snd passed unan
iIDously to apprOve ISS Sperry Univac's request for three temporary office
trailers for a period of 8ix aonths.
WRITTEN COMMUNICATIONS
34. None
ORDINANCES
3S. Second reading of Ordh:ance No. 1098: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately .9 of sn Acre from P Zone to P Zone; Located on the
NOTth Side of Stevens Creek Boulevard Approxima.~ly Hid-Block be-
tween Randy Lane and Blaney Avenue.1t
It wa~-. moveJ by Counc. Pllmgy, secord:-d by Counc. Sparks and passed unan-
imously to read Ordinance No. 1098 ;,y title only and the C'.ty Clerk's
readIng to constitute the second reading.
It was moved by Counc. Plungy, seconded by Counc. Sparks and r-,sed unan-
imously to enact Ordinance No. 1098.
36. Second reading of Ordinance No. 109S: "A" Ordinance of the City of
Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code
RelatIr.~ to Vehicular St~p Required at Castle ton Street a~rl Clark-
~ton Aven~e."
CC-532
Page 7
Five VesT Cap-
ital I.prove-
.mts Progrs..
Contract to
Printex
Temporsry
trailer f"r
Tsndem
TelDporary
trailer !or
ISS Sperry
Univac
Second readIng
of Ord. 1098
Ord. No. 1098
enacted
.
C~
:~ reading
of Ord. 1095
Orð. No. 1095
enacted
Second reading
of Ord. 1096
Ord. No. 1096
enacted
.
Second reading
of Ord. 1097
Ord. No. 1097
enacted
First reading
of Ord. 1101
Legislative
Review Comm.
actions
.
KINUTES OF THE KARCH 16, 1981 CITY COUNCIL MEETING
It vas moved by Counc. Plungy, seconded by Counc. Sparks and pa..ed
unanimously to read Ordinance No. 1095 by title only and the City
Clerk's reading to constitute the second reading.
It vas lkJVed by Counc. Gatto, seconded by COUDC. Sparks and passed
unanimously to enact Ordinaace No. 1095.
37. Second reading of Ordinaace No. 1096: "An Ordinance of the
City of Cupertino Pinding and Declaring that Certain Privately-
Owned and Maintafned P~rk1ng Facilities are Generally Held Open
for Use of the P1JbHc for Purposes of Vehicular Parking, and
Adding Section 11.28.070 to the Cupertino Municipal Code, to
Provide a Means for the F.nforcement of Certsin Traffic and l'arkil1g
Regu~ations in Private Parking Areas Pursuant to Section 21107.8
of the California Vehicle Code, for TYmshare Trsnsaction Systea
and Four Phase Syst.....
It vas moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 1096 by title only and the City
Clerk's reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Plungy and psssed
unanimously to enact Ordinance No. 1096.
38. Second reading of Ordinance No. 1097: "An Ordinance of the City
of Cupertino Amending Section 11.24.150 of the Cupertino Hunicipal
Code, Relating to Stopping, Standing or Parking on McClellan Road
and on Hiller Avenue."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 1097 by title only and the City Clerk's
reac!ing to constitute the sec.ond reading.
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to enact Ordinance No. 1097.
39. Hrst reading of Orc!inance No. 1101: "An Ordinance of the City
of Cupertino Amending Section :1.31.020 of the Cupertino Hunicipal
Code, Chapter 11.31 'Reg'ùation of Parking on Property Owned
by City' Relating to 'Prohibition - Limitation - Limitation of
Packing' ."
It was moved by Counc. Johnson, seconded by Counc. Sparl~ and passed
unanimously to read Ordinance No. 1101 by title only and the Ci~y
Clerk's reading to constitute the first reading.
Council unanimously supported the recommenuatioD of the Legislative
Review Committee as foilows:
Support AB 305 (PERS Benefits), AB 601 (Tort Claims Against Cities)
and AB 495 (Uncontested Municipal Elections).
Oµpose SCA 5 (Inverse Condemnation) and SB 6 (Vaccination of Dogs and
Cats) .
.
.
.
.
.
ML'flITES OF THE MARCH 16, 1981 CITY COUNCIL MEETING
The City Manager will prepare a position paper regarding SB 111 (Govern-
or's !ludget and Ball-out Reduction).
CC-532
Page 9
Position paper
By consensus, Council requeeted that a letter be sent to the City of Los Letter re
Altos prior to their March 24 .eating reaffira1ng the City's position Creston
regarding Creston.
I t vas IIIOved by Counc:. Sparks, secODC!ed by Counc:.
1IIIously to adjourn to 7:00 p.m., Karch 30, 1981.
adjourned at 10:20 p...
Johnson and passed unan
The meeting vas
~r.?:.4'-