CC 10-05-81
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CITY 6F CUPD:rIRO, StAB OP CALIPOUIA
10300 Torre Avenue, Cupertino, CA 95014-3255
Telephone: (408) 2S2-4505
HINUTES OP TBI UGULAJl IlllETIHG OF THE CITY COUICIL
HELD ON OC'IOUR 5r 1981 IN THE COUNCIL CHAMBER, CITY BALL
CDPD:rINO, CALIIORBIA
Mayor Sparks called the .eeting to order at 6:55 p.m. 10 the Council
Chamber of City Ball.
SALUTE TO THE PUG
ROLL CALL
Counc. Present: Gatto, Johnaon, Plungy, Rogers, Mayor Spsru
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public Works V1skDvich
Director of Planning and Development Sisk
Director of Parks and IlecreaUon Dowling
City Att01'De1 I1liaø
CDBG Coordinatcr Hendee (8:05 p.m.)
STAFF REPORTS
.
1. Oral reports by staff ..-hers and submission of written reports.
City Manager's Report
The City Manager presented an update on SB 898 and on animal control
services.
Request for Joint Meeting of Council and Parks and Recreation Commission·
Council scheduled a joint .eeting with the Parks and Recreation Commissio
for Monday, November 2, 19BI, 6:00 p... in the Conference RoOll. The
Council lIeetÍ!lg vill adjourn to Chaber st 7:00 p.lII. Council requested
that the Parks snd Recreation Commission submit an agenda regarding items
to be discussed.
West Valley Mayors/Managers Meeting - Council stated that Cupertino's
main concern is the linkage vith Highvay 87 throughout the County. They
expressed the need for s compatible mode to interface with Highvay 87.
They expressed a preference for an expressvay or freeway rather than
light rail. It vas moved by Counc. Gatto, seconded by Counc. Plungy and
passed unanimously that the Mayor send a letter to the Multi-Kodal Task
Force thanking them for their efforts regarding the environmental impa"t
study for the proposed ex>ension of Highway 85.
City Clerk's Report - The report was received by Council.
4IIÞ 2. Refort regarding length of time of retention of tapes of meetings.
it vas moved by Counc. Gatto, seconded by Counc. Plungy and psssed unan-
imously to approve the retention of Planning Commission tapes for five
years and all other tapes for twO years.
CC-5Sl
Pag. 1
Joint lIeeting
with Parks and
Rec. Comm.
Highway 87
Letter to
Hulti-Hodal
Task Force
Retention of
tapes from
meetings
CC-55l
.2
Items removed;
balance of
Calendsr
approved
.
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K1NUTES OF THE OCTOJS&K 5, 1981 CITY COUJICIL MEETIIC
CONSENT CALENDAIt
It_ 15 and 16 vere rellOved st the request of Counc. Rogen.
tlSS moved by Counc. Gatto, secoDJed by Counc. Plungy and passed
iaously to approve :he balance of the Conoent Calendar.
It
unsn-
8. R, 90lution No. 5721: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claias and Delunda Payable in the
Amo:mts and fr08 the Punds as ø:ereinafter Described for General
and Miscellaneous Ixpenditures for the Period Ending Sept8lDÓer
16, 1981."
9. Resolution No. 5725: "A Resolution of the City Council of the
City of Cupert1no Allowing Certain Claims and Dema.nda Payable in
the Amounts and frGa the Punds as Bereinafter Descr1~ed for General
and Miscellaneous Expenditures for the Period Ending September 23, 1981."
10. Resolution No. 5726: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claiu and DeIIIaDcIs Payable
in the AIDountlr aDd frOla the Punda as Bereinafter Described for
Salaries and Vages for the Period Ending Septeaber 22, 1981."
11. Resolution 1'10. 5728: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and DeIII&~da Payable
in the Aaounts aDd fr08 the Punds as Hereinafter Degcritied for
General and Miscellaneous Expenditures for the Period Ending
September 30, 1981."
12. Acceptance of City projects performed under contract:
(a) Metal Beaa Guard Railing Restoration, Project 81-23.
(b) Corporation Yard Psrking Lot Installation, Project 79-16.
13. Request for waiver of business license fees from Citizens for a
Better Envirou.ent.
14. Resolution No. 5729: "A Resolution of the City Council of the
City of Cupertino Approving Lot Line Adjustment between Two Parcels
of Land Without a Parcel Map in Accordance vith Section 66412(d)
of Subdivision Hap Act as Amended January 1, 1980, Tract 6845, Lots
2 ar.d 3, Orogrande Place."
15. Removed
16. Removed
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
HelDbers of the r.ity Council
Gatto, Johnson, ?lungy, Rogers, Sparks
None
None
None
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ØIIIUTBS OP THE OCTOBER 5, 1981 CUT COUNCIL ftH;;¡_
PUBLIC BUJtOOS
18. Application I7-Z-8l of City of Cupertinn (Ia1aer Property): Rezonin
approxi1ll8tely 505 gross acres from AI-43 (Aarka!tural Residential,
43,000 sq. ft. miniauID lot size) zone and Pr~ng approxill8tely
12 gross acres froa Santa Clara County AI-lac (.\aricu1tura.1 and Resi
dent1al 1 acre mini8a lot size) zone to Cit)' of Cupertino RBS (ltee-
idential Hillside Slope Density Formula) _.... EnvirODMntal Re-
view: The Planning Co.-1ssion reco1DeDds tba P-aDting of a Nega-
tive n.claration. The subject property ~tII of undeveloped hill
side areas located 80utheastrrly of the r.f-., Peraanente C..ent
Plant Located on Stevens Creek Boulevard (1... ate Road) snd DOrth-
vesterly of Stevens Canyon Road beginninl -H4o..Jutely 3,800 ft.
(2/3 lDile) north of KonteÞe1lo Road. ReCA ._~ for apl'roval.
(a) Pirst reading of Ordinance No. 1139: ..... ordinance of the
City of CupertÚID AMnding Section 1 of OI'dinance No. 2 by
Rezoning Approsimately 505 Cross Acres: ... /.1-43 Zone and
Prezoning Approxillate1y 12 Cross Acr_ hø Santa Clara County
AI-lac Zone to City of Cupertino RBS :t..IIIIII; Consists of Unde-
veloped Hillside Areas Located Southeast.rly of the Ka1se~
Pe1"ll8Dente Ceaent Plan Located on St...... Creak Boulevard (Per-
aanente Road) and Northwesterly of St..... Canyon Road Beginnin
Approxillately 3,800 Pt. (2/3 Mile) JJndtof Montebello Road.
The Director of Planning and Development reviewed the City's application
with Council.
It vas moved by Counc. Gatto, seconded by Counc. 8D&ers and passed unan-
t.ously to close the public hearing.
It vas moved by Counc. Gatto, seconded by Counc. "'prs and passed unan-
imously to grant a Negative Declaration for Appl:ka~ 17-Z-8l.
It vas moved by Counc. Gstto, seconded by Counc. Røprs and passed unan-
imously to approve Application l7-Z-81 per Plannins Commission Resolution
No. 2231..
It W&" moved by Counc. Plungy, seconded by Counc. Gatto and passed unan-
imously to read Ordinance No. 1139 by title ~nly SDd the City Clerk's
reading to constitute the first reading.
19. Appeal of Architectural and Site Approval Co..tttee's stanù"rd con-
ditions 1 through 7 (Application HC-5l,558.1, Photo Drive-Up Facilit ,
Greg Bunker).
The City Attorney informed Council that he had spoken with the appellant'
attorney and he recommended that the item be taken off calendar vithout
prejudice. It vas moved by Counc. Gatto, seconded by Counc. Plungy and
passed unanimously to remove the item from the ageuda vithout prejudice.
PLANNING APPLI:ATIONS
21. None
CC-55l
Page 3
Public hearing
closed
Negative Dec-
latation for
17-Z-8l
l7-Z-3l
approved
First reading
of Ord. 1139
Appeal l·"moved
from agenda
without
prejudice
fi5l
September 21
minutes
approved
September 29
minutes sp-
proved as
amended
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Contrac. to
Silva Fence
Co.
Contract to
Apex Con-
struction
.tors from
kava
KINUTES OF THE OCTOBER 5, 1981 C1.TY Cl'UNCIL MDTIIr
ARCHITECTURAL AND SITE APl'iOVAL COMMITTEE APPLICATIONS
22. NoDe
ITEHS Ull>VED PROM CONSJDIT CALEIIDAR
15. Minutes of the regular meet-.Dg of the City Council of Septlllllber
21, 1981. (CC-549)
It vas 1IIOVed by Coucc. Rogers, seconded by Couøc. Gatto and passed
unalÚ1llOusly to approve the minutes of the regular City Council lleetilll
of Septellber 21, 1981.
16. Minutea of the adjourned regular lIeeting of the City Co\ll1cil of
Septellber 29, 1981. (CC-55O)
It vas !lOved .y Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to approve the llinutea of the adjourned meeting of Septeaber
29, 1981 aMDded to show the $34,000 for consultant for police and
fire study as $30,000 for the basic study, $2,000 for technical expertise
in police aDd fire and an sdditioøal $2,000 for a possible survey for
a total of $34,000,
DNFINISBED BUSINESS
24. None
NEW BUSINESS
26. Report on bid opening for Varian Park Chain Link ~ence Installat1<1n,
Project 80-01, snd avard of contraCl.
It wss 1IIOved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to award the contract for Varian Park Chain Link Fence
Installation, Project 80-01, to Silva Fence Co. in the amount of $6,934.50
and appropriste $6,200 from the General Fund to cover the contract and
contingency.
27. Report on bid opening for Corporation Yard Sound Wall Installation,
Project 79-16, and avard of contract.
It wa~ moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to award the contract for Corporation Yard Sound Wall
Installation, Project 79-16, to Apex Construction, Inc. in the amount of
$36, ?41.
ORAL COMMUNICATIONS
17. Introduction of delegation from sister city Toyokava, Japan.
The Húnorable Dan O'Ke~fe, Senator, 12th District, welcomeJ the ruests
from Toyokava, Japan. Counci!member P1ungy irtroduced the students and
the hosts.
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KINUTES OF TIll OCTOBER 5, 1981 CITY COU1fCIL MEETING
Our visitors fro. the sister city were presented with gifts by Mayor
Sparks.
RECESS: 7:55-8:05 p...
(City Clerk's note: Counc. Rogers vas not present
upon reconvening.)
25. Report frOlD Mr. Robert Meyers regarding "CLEO 81 - Energy W<.ys and
Means for the Ration's Cities".
Hr. Robert Meyers addressed Council regarding the Conference of Local
Energy Officials held in Los Angeles.
(City Clerk's note: Counc. Rogers arrived at 8:07 p.m.)
Mr. Meyers presented Council with I18terial he had received at the con-
ference. Material subaitted by Mr. Meyers will be forwarded to the
Energy Commission.
PIJBLIC HEARINGS (continued)
20. Appeal of Planning Commission's granting of a use permit for con-
version of existing Shell Oil Station at comer of Scelling Road and
Stevens Creek Boulevard. (Appellant, Barbara A. Rogers, Application
17-U-8l.)
John Williams, engineer for Shell Oil Co., reviewed the original proposal
pictures and the pictures of the present prt)posal with Council. He
stated he felt that the present proposal is compatible vlth Spanish
architecture.
Counc. Rogers, the appellant, stated that she had appealed this Planning
CoDlDission's granting of the use permit because she vanted Council to
review the matter ss it vas a key area of the City.
Hr. Robert Childs, 10152 Barbara Lane, stated his surprise that a Councl-
member would appear as an appellant and not make a presentation as ot~o.
citizens. He also felt that as appellant, Counc. Rogers should not vote
on the matter.
City Attorney Kilian stated that previously the City Attorney had stated
that a Councilmember felt that if there were a conflict of interest, the
Councilmember should not vote, but this particular item was really a
heariI'g de novo.
Hr. Childs stated that he brought up the matter not as a point of law
hut as a matter of common sense.
It was moved by Counc. Gatto, seconded by Gounc. Rogers and passed unan-
imously to deny the appeal but to have the ve"tical pillars and under-
side of the c3nopy painted a neutral brown.
CC-551
Page 5
Report on
energy con-
ference
Appeal denied,
17-U-81
-~
CDBG expendi-
ture plan con
tinued
.
A ppropdat ion
~or General
Plan consult-
ants
T own Hall
Forum
~nd
lIIIII' 0 f
1137
read-
Ord.
o rd. 1137
enacted
KIN\ITES OF THE OCTOBER 5, 1~6.L CITY COUNCIL MEETING
NEW BUSINESS (continued)
28. Plan for expenditure of Community Development Block Grant Funds
in the City of Cupertino and its sphere of influence for 1982-85
program years.
A presentation vas made by CDBG Coordinator Hendee.
Bob Childs, 10152 Barbara Lane, stated that he understood that Council
asked for IDOre information on the Housing Re:¡abil1tatioD and eo.nmity
Avsreness Progrns and that ·.he information had not been presented.
Ma. Hendee stated thae she had prepared a re¡>ort but set it aside
as she is requesting the matter to be continued, and she felt that it
would be better to look at the entire progr811 at the next meeting.
Ann Anger, 10185 l!Içire Avp.nue, stated that she had received the packet
on the new rules but she had not yet had the opportunity to read it 80
she could not COaaeDt at this t~.
It vas moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to continue this matter to the meeting of NovlUber 2, 1981
and that Mayor Sparks write a letter to the County requestida an extension
of the October 30, 1981 deadline for submission of project proposals.
30. Request for appropriation for General Plan consultants.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to approve an appropriation of $11,750 from the General
Fund for General Plan consultants. Council directed staff that in
re~ard to ~he Stevens Creek Boulevard/De Anza Boulevard intersection
that in future they show all alternatives to traffi~.
WRITTEN COHHUNICATIONS
31. Request frOlD the Chamber of Commerce for Council participation
in the Town Hall Forum to be held Saturday, October 31, 1981.
Councilmembers will
at De Anza College.
their presence..
be present for the Town H~ll Forum on October 31
The Mayor will contact commissioners in regard to
ORDINANCES
32. Second reading of Ordinance No. 1117: "An Ordinance of the City
of Cup~rtino Amending Section 15.08.020, Raising the Qua~tity
Rates for Domestic Water Service, Chapter 15.08 of the Cupertino
Hunicipal Code."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1137 by title only and the City Clerk's
reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 1137.
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!lINUTES OP THE OC'l'OBER 5, 1981 CITY COUlIClL MEETlllG
33. Urgency Ordinance 1;). 1140: "AD Ordinance of the City of Cupertino
Amending Section 11.24.150 of the Cupertino Municipal Code, Relat1Da
to Stopping, Standins or Parking on Miller Avenue and Providing for
Signa Rot1.!ying the Public and I:aclaring tbe Urgency Thereof."
It vas .wed by Counc. Plungy, ..conded by Comic. Gatto and passed unan-
illlOusly to read Ordinance Ro. 1140 by title only and tbe City Clerk's
reaciing to constitute tbe reading.
It vas ,*,ved by Counc. Gatto, seconded by Counc. Rogers and passed unan-
imously to enact Ordinance Ro. 1140.
34. First reading of OrdinaDCe Ro. 1141: "An Ordinance of tbe City of
Cupertino Finding and Declaring that Certain Privately-Ovned and
Maintained Parking Pacilic1ea are Cenera11y BeId Open for Use of
tbe Public for Purposes ol Vehicular Parking. and Aaending Sect1o-4
11.28.070 of the CupertiDo Municipal Code, to Provide a Means for
the Eoforc_nt of Section 22507.8 of the California Vehicle Code
Pursuant to Section 21107.8 of the California Vehicle Code, for Zilo ,
IDC."
It vas _ed by Counc. Plungy, seconded by Counc. Johnson and passed
imously to read Ordinance No. 1141 by titlø only and the City Clerk's
reading to constitute thp first reading.
RESOLUTIONS
35. None
NON-AGENDA BUSINESS
36. Recognition by Mayor of special requests.
(a> Genersl Audience - Ann Anger, 10185 Empire Avenue, asked if
Council or staff knew vby bulldozers were still digging near De ADza
College on the Bighvay 85 corri lor. Director of Public Works Viskovich
_as directed to investi~ate the work going on and report back to Council
via a melllO in their lDSil this Friday.
By consensus Council authorized the City Manager to prepare a letter of
thank you for Hr. Meyers for his presentation.
By consensus, the Mayor was authorized to vote on League Resolutions as
recommended by the League of California Cities with the following excep-
tiocs: Resolution 18 - Mayor's discretion; Resolution 29 - appcove;
Resolution 30 - approve; Resolution 31 - d1sapprove.
At 9:55 p.lI. Council adjourned to a closed session in regard to possible
litigation.
At 10:00 p.m., Council reconvened in Chamber with Council, City Manager
Quinlan, City Clerk Cornelius, City Attorney Kilian, Director of Public
Works Viskovich and Director of Planning and Development Sisk present.
CC-55l
rege 7
leading of
Ord. 1140
Ord. No. 1140
enacted
Pirst reading
of Ord. 1141
Bulldozers on
B1ghvay 85
corridor
Thanks to
Mr. Meyers
LCC Resolu-
t ions
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Purchsse of
Kolander
property
Right-of-vay
on Mann Drive
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KINOTES OF THE OCtOBER 5, 1981 C1Tl C01JIICIL KDTING
It waa aoved by Counc. GattO, eecoøded by Counc. Plungy and pssilf'd
unani8:)ualy to approve the purchase of the Kolander property for
$200,000 plua closing costs.
It vas aoved by Counc. Gatto, seconded by Couac:. Plungy and passed
unan~ualy to approve MgotiatfOG for a 10 ft. rfght-of_ay slOGg
Mann Drive and appropriate the s_ of $15,000 froa the Gener,-,l Pund.
At 10:05 p..., the _eting vu adjourned to &:45 p..., Tuesday, October
20, 1981.
/7_ A 4'
~ (~,,&:.)
City Clerk
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