CC 12-07-81
.
CITY OP t;UPtKtOO. STATE CF CALIFORNIA
10300 Torre Avenue, Cupertino, cA 95014-3255
Telephone: (408) 252-4505
MINUTES OF 1BE RJ!C1JLAR HEETING OP THE CITY COUNCIL
HELD ON DECEKBER 7, 1981, IN TBB COUNCIL CJWœER, CITY BALL
r.uPERTINO, CALIFORNIA
The meeting was called to order in Council Chamber by Mayor Sparks at
6:48 p.lI.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Gatto, Johnson, Plungy, Rogers, Mayor Sparks
Staff Present: City Manager Quinlsn
City Clerk Cornelius
Director of Plaaa1ng and Developaent Sisk
Director of Parke and Recreation Dowling
City Attorney X11ian
Director of Public Works Viskovich (6: 51 p.m.)
CDBG Coordinator Beadee (1:30 p,II.}
STAFF REPORTS
. 1. Oral reports by staff ,....J>ers and sulim1ssio!l of writlen reports.
City Manager's Report
Proposed Development in 85 Corridor Between Prospect Road and Bighvay 9 -
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unan-
imously to autborize the City Manager to send a letter to the City of San
Jose in support of denial of the proposed development in Highvay 85 cor-
ridor between Prospect Road and Highvay 9.
2. Report on Article 10.6 of the Government Code - Core Area Development.
Council received the report.
3. BHR Subcommittee Report - draft modifications to BHR program guide-
lines (information ~nly).
Council reviewed ~he report and requested that after Planning Commission's
reviev vhen it is returned to Council that changes in the procedural
manual be highlighted.
COUNCIL REpORTS
.
Counc. Gatto: Paratransit Coordinating Council Executive Committee -
Counc. Gatto reported that in order to receive future funds for the
subsidized taxi program, cabs or some alternate type vehicle must be
accessible to the handicapped.
Counc. Johnson: North Central and Northwest Flood Control Zone Advisory
Committee - Council requested that a resolution of support for the flood
control measure on tbe June ballot be agendized for the meeting of Decem-
ber 21, 1981.
CC-555
Page 1
Development
in Bvy. 85
corridor
BMR Program
Guidelines
Subsidized
taxi prog ram
Flood control
measure on
ballot
.5~
199 bus route
r:nlarged
Iloard of Sup.
Work furlough
facility
[tem removed;
Consent Calen-
dar approved
.
.
Counc. Gatto reported that the Transportation C~1seion SubcotlllÌÚt..
viii request approval from the CommIssion that the '99 bus route be
reinstated at least tvice esch day vith the "runs" approxill8telv one
hour apart.
.
Counc. Rogers: LeRislation pertaininR to ~andic~pped pArkine has been
enacted.
To be aAendized for the January 18, 1982 meeting viII be a discussion
regarding an enlargement of the Board of Supervisors.
~'rbara Rogers was authorized to attend a meeting to be held in Mountain
View pertaining to a work furlough facility. A staff member (possibly
Barbara Brown) viii also attend.
CONSENT CALEKD^R
Counc. Rogers requested that Item No. 22 be removed. It vas moved by Counc.
Gatto, seconded by Counc. Rogers and passed unanimously to approve the
remainder of the Consent Calendar.
9. Resolution No. 5762: "A Resolution of the City Council of the
City of Cupertino Allowing Certsin Clsims and Demands Payable
in the Amounts and from the Funds as Hereinafter Described for
General and Miscellaneous Expenditures for the Period Ending November
13, 1981."
10. Resolution No. 5763: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and froll the Funds as Hereinafter Described for Salaries
and Wages for the Period Ending November 17, 1981."
11. Resolution No. 5764: "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 November
20, 1981."
12. Resolution No. 5765: "A Resolution of the City Council of the
City of Cupertino Naking its Order Describing the Boundaries
Designated as 'Alcazar Avenue 81-01' to be Annexed to the City
and Ordering Annexation to the City, Approximately 0.59 Acres Located
on the North Side of Alcazar Avenue betwcpn Orange Avenue and Byrne
Avenue."
LJ. Rl'solution No. 5766: "A Rl'solution of the City Council of the
City of Cupertino Authorizing Execution of Amenùment to the -'oint
Powers Agr 'cmcnt for Intergovernmental Employee Relations Services."
14. Resolution No. 5768: "A Resolution of the Ci ty ,ounci I of the
City of Cupertino Authori?ing Execution of No':lfication to Housing
Rehabilitation Program Agreement with Crocker Bank."
5. Rf>~olllti()n No. 5769: ":\ Resolution of llH~ City Council of the
<':1 ty of Cup(>rt ioo Approving Contract Change Onh'r No. 1 for \'¡ol fc
Road Interconnc<..:t PrnJcet ~1o. 8L-]O."
·
MINUTES OF THE DEtuÞu 7, 1981 CITY comrcIL rJZ61.utG
16. Resolution No. 5770: "A Resolution of the City Council of the
City of Cupert1Do Approving Contract Change Order No. 3 for De ADze
Boulevard Inter_t Project 79-20."
17. Resolution No. 5771: "A Resolution of the City ColJt1cil of ths City
of Cupertino Approving Contract Change Order No. 3 for Stevens
Creek at Railroad Widening Project 80-42."
18. Resolution No. 5772: "A Resolution of the City Council of the City
of CupertÚID Ap-prønug Contract Change Order No. 1 for Varian Park
Chain Link Pence Inatallation Project No. 80-01."
19. Resolution No. 5778: "A Resolution of the City Council of the City
of Cupertino Adoptiug the Letter9 of Agreeaent a8 Amendment8 to
the Hemoranda of Under8tanding."
20. Application BC-Sl,458.12 - Cosst Federal ~aving8 and Loan As80cia-
tion requesting exception to Section 6.03.1 of Sign Ordinance No.
746 to allow t1IO 1nd.lding aounted identification signa. The subject
property i8 located on the north ø1de of Stevens Creek Boulevard,
approximately 126 ft. vest of North De Anza Boulevard.
21. Request for waiver of business license fees.
· <a) United Neighbors in Action.
(b) Agape Force,
22. Removed,
Vote lfellber9 of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gs tto , Johnson, Plungy, Rogers, Sparks
None
None
None
Director of Planning and Development Sisk was requested to contact the
owner of the building at Foothill Boulevard and Stevens Creek Boulevard
and report back to Council.
ORDINANCES
42. Second reading of Ordinance No. 1126: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 2:z± Acres frOll HL Zone to BQ Zone; Located on the
Northeast Corner of Highway 280 (Junipero Serra Freeway) and North
Blaney Avenue."
·
It vas moved by Counc, Plungy, seconded by Counc. Gatto and passed unan-
imously to read Ordinance No. 1126 by title only and the City Clerk's
reading to constitute the second reading.
It vss moved by Counc. Gatto, seconded by Counc. Rogers and passed unan-
imously to enact Ordinance No. 1126.
CC-S5S
'a.8 3
Second reading
of Ord. 1126
Ord. 1126
enacted
·~
Second reading
of Ord. 1147
Ord. 1147
enacted
Second reading
of Ord. 1148
~ 1148
Wted
KINUTES OF THE DECÐlBER 7, 1981 CITY COIIlICIL MEETING
43. Second reading of Ordinance No. 1147: "An Ordinance of the City
Council of the City of Cupertino Anthor1zing an _~t to the
Contract betvsen the City Council of Cupertino and the Board of
Administration of the California Pul.l1c Employees' Retire_nt
System. It
It was moved by Counc. Plungy, seconded by Counc. Gatto and pasaed
unanimously to read Ordinance No. 111,7 by title only and the City
Clerk's reading to constitute the sec:ond reading.
It waG moved by Counc. Gatto, seconded by Counc. Rogers and paaaed
unsnimously to enact Ordinance No. 1147.
44. Second reading of Ordinance No. 1148: "An Ordinance of the City
of Cupertino Amending Section 11.24.150 of the Cupertino Municipal
Code, Relating to Stopping, Standing or Parking on Public Streets
on Mann Drive and on De ADza 80ulevard and Providing for Signa
or Red Curbing Notifying the Public Thereof."
It vo¡s IDOved by Counc. Plungy, seconded by Counc. GattO and passed
unanimously to read Ordinance No. 1148 by title only and the City
Clerk's reading to constitute the second reading.
It was ...",ed by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to enact Ordinance 110. 1148.
45. First reading of Ordinance No. 1151: "An Ordinance of the City
of Cupertino Deleting Stelling Road froll Sections 11.24.150
snd 11.24.160 of the Cupertino Y.un1cipal Code, Relating to
Stopping, Standing, o! Parking on Public Streets and Providing for
Signs or Red Curbing Notifying the Public Thereof."
First reading It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
of Ord. 1151 unanimously to read Ordinance No. 1151 by title only and the City Clerk's
reading to constitute the first reading.
First reading
of Ord. 1152
.
46. First relding of Ordinance No. 1152: "An Ordinance of the City
of Cupertino Amending Sections 11.24.150 and 11.24.160 of the
Cupertino Municipal Code, Relating to Stopping, Standing or Parking
on Public Streets on Stelling Road."
It was moved by Counc. P:ungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1152 by title only and the City Clerk's
reading to constitute the first re~ding.
47. Urgency Ordinance No. 1149: "An Ordinance of the City of Cupertino
Amending Chapter 10.48.062 of t~~ Cupertino Hunicipal Code (Night-
time Deliveries a:1d Pickups) and Declaring the Urgency Thereof."
.
.
!t
M1RUTES or nm DECEMBER 7, 1981 CITY COUIICIL HEE'!1IIG
It vas mved by Counc. Plungy, seconded by Counc. ('.atto aDd paased IIIUID-
Þously to read Urgency I)rdinant:e No. 1149 by title only and the :it1
Clerk's reeding to constitute the reading thereof.
It vas lDOVed by Counc. Gatto, secODd',d by Counc. Rt'o@eu ..nd ?ass.d UIIIID-
illOusly to enact Urgency Ordinance No. 1149.
ITEMS Rul)YIW noM CONS!!IIT CALENDAR
22. Minutes of the regular City Council meeting of November 16, 1981.
(CC-554)
It vas lDOVed by Counc. Rogers, seconded by Counc. Gatt" and psssed unan-
imously to appro\"e the minutes of the November H,. 1981 Council meeting
with the followiDg 8IN!ndaent:
Page 7, Item 36, second paragrapb to read:
seconded by Counc. J~hnson snd paösed with
approve proposed Alternate (Ii)."
"I t was IIIOved by Counc. Rogers
Counc.. Gatto abstaining to
UNFINISHED BUSIlIESS
:n. Discussion regarding fencing of Voss Avenue i'ond ,continued froll
meeting of November 16, 1981).
Director of Plauning and Developaent Sisk informed Council that he had
met with the hoaeovDera regarding tbe fence location aDd felt that a
satisfactory conclusion had been reached.
A holleovner of Cupertino lCDolls asked questions regarding liability and
responsibility for d8118ge thst might occur should sn earthquake take
place.
Helen Pastnrino stated that she felt thst vhen the oririnal decision re-
garding the pond had been made, the opposition had not Deen fairly repre-
sented snd stated a desire that Council reconsider.
informed Ms. Pastorino ~hat there were lengthy discussions
decision, and opposition to the keeping of the pond had been
Ms. Pastorino vas informed that if she wished to be notifi~d
regardin~ the use permit or any no~ice ~f hearings, that she
letter to the Planning Department requesting such notice.
Counc. Gatto
prior to any
rep!'esented.
of any change
should send a
ORAl COHHUNICATIONS
23. Hr. Roger Hecht regarding removal of growth in Calabszás Creek.
Hr. Roger Hecht addressed Council concerning correspondence with the
Santa Clara Valley Water District.
It vas moved by Counc. Rogers, seconded by Counc. Plungy and passed unan-
imously that the City Manager write a letter to the Santa Clara V¿lley
W&.ter District regarding the possible hazard and liability ùecause of .'th..,
undergrovth along Calsbazas Creek and the ne~es3ity of clearing the
problem in an expeditious manner.
c..-555
Pege 5
leadiDg of
Urg. Ord. 1149
Urg, Ord. 1149
enacted
Minutes ap-
proved as
aaended
FeDcE' .1·~cation
at Voss Pond
Le tter to
~·!ater District
re gr'wth in
Calabazas
Creek
cc-:¡:¡:¡
.6
of area
by teens
Thanks to
hosts of Toyo-
kava ',isitors
Bill of Rights
veek
.
Pub~ic hearing
clc sed
Res. No. 5774
adopted
.
nlllUTlIS or THE DI!CI!lUlIUl' J. YOJ. (;J.·U ""'liMo"" 1'I£A1 UIIIo
It vas EVed by Counc. Plungy, secODded by Counc. Rogers and p...ed
unaD1Jloualy that th( City Manager dUcU8s with the SherHf's Depart-
-.nt (Capt. Tamm) the use of the area by teens.
24. Presentation to hosts of visitors frOll Toyokava, Japan.
Hr. & Hrs. Martin Sorensen
Hr. & Hrø. Crude aad Doug Crude
Hr. & Hrs. Kervin IDberts
Hr. & 'frs. John IoDdo
Dr. &!tra. Gordon I_sa
Mr. & Hrs. Tats Tsunekava
Hr. & 11>:s. Philip Young
Hr. & Hrs. Edmund Soohoo
Nancy Bin:eveg & Craig Clark
Mayor Sparks and Counc. Plungy presen~ resolutions of th4nkS to
hosts of visitors fr01l our Sister Cic" Toyokawa, J:r~n.
25. Proclamation of Deceaber 13 through Deceaber 19, lY8l as Bill
of Rights week.
Mayor Sparks declared the week of Deceaber 13-19, 1981 ss Bill of Rights
veek, and the City Clerk was directed to send copies of the proclamation
to the school district offices.
PUBLIC BEARINGS
26. Abateaent of veeds declared to be a public nuisance.
(s) Resolution No. 5774: "A IIeaolution of the City Council of
the City of Cuperrino Ordering Abatement af Public Nu1øan..e
Pursuant to Provisions of Ordina~ce No. 724 a~d Resolution
No. 5758."
It vas moved by Counc. Gatto, seconded by Counc. Ro~ers and passed
unanimously to close the public hearing.
It vas moved by Counc. Gatto, seconded by Counc. Rogers and psssed
un&n1mously to sdopt Resolution No. 5774.
27. Consideration of changing date of General Hunicipal Election
from April, 1982.
(a) Urgency Ordi~ance No. 1150: "þ I)rdinance of ti e City
of Cupertino Char'bing the Day of the General Hunicipal
Election from April, 1982 to that of the Statewide June
Primary. Requesting Approval from the Board of Supervisors,
and Declaring the Urgency Thereof."
(b) Resolution 110. 5n5: "A Resolution of the City Council of
the City of Cupertino Calling for s General Huuicipal Election
to be Held on April 3, ~982."
(c) Resolutioa No. 5776: "L Keaolution of the City Council of the
City of euperti~· Dete~t.tDI Charges and R~gulations for
·
·
·
KINUTES OF THE DECEKBER 7, 1981 CITY COUNCIL MEETING
27. (c)
(continued)
Candidates, R~ueating ~tateaent of Candidate. or Other Mail-
ings in Connection vith the General Municipal Election of
April 13, 1982."
(d) Resolution No. 5771: "A Resolution of the City ColDlci~ of the
City of Cupertino Reque.t1ng the City Attorney to Prepere an
Impartial Analysis of the Mea.ure(s) for the General Municipal
Election of April 13, 1982."
Hr. Alf HOdine, 10385 Prune Tree Lane, requested that the election date
be left in April and steted thst he was suspect of incumbents moving the
date of the election.
It vss moved by Co.,.4C. Plutlgy, seconded by Counc. Johnson and Í'ßssed
unanimously to close the public hearing.
It was moved by Counc. Plungy, seconded by Coun.::. Johnson and passed unan
imously to read Urgency Ordinance No. 1150 by title only and the City
Clerk's resding to constitute the reading t~~~eof.
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed ..Hit
Counc. Gatto dissenting to enact UrReacy Ordinance No. 1150.
Hr no~ine requested that he be inf~raed regarding the dste this ordin-
ance viii be considered by the Board of Supervisors.
28. Request for renewal of bingo permit - Independent Order of Odd
Fellows, Cupertino Lodge No. 70.
It wss moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to close the public hearing.
It wss moved by Counc. Johnson, se~~nded by Counc. Gatto snd passed unan-
imously to approve the renewal of the bingo permit for the Independe~t
Order of Odd Fellows, Cupertino Lodge No. 70, for 1982.
PLANNING APPLICATIONS
¿9. Application 20-TH-8l of Kirkeby & Associates: Tentative Hap to
record a single lot located at the southeast corner of Stelling
Road and Highway 85 right of way approximately 450 ft. north of
West Hill Lane. Environmental Review: The project is categorically
exempt, hence, no a~tion is lequired. Recommended for denial.
(Continued from meeting of November 16, 1981.)
An associate of Mr. Ncofotistos, the property o~~er, discussed with
Council regarding vhether 0. not the parcel is ~ legal buildabl~ lot.
Hr. Peter Neofotistos, prop~rty owner, stated that San Jose had accepted
the parcel as a buildable lot in 1975 and only required approval of a
variance a
CC-SS5
Paaa 7
i'ublic hearing
closed
Reading of
Urg. Ord. 1150
Urg. Ord. 1150
enacted
Public hepring
closed
IOOF bingo
permit renewed
_5~
20-TH-8l
denied
1Iegative Dec-
laration for
24-U-8l;
24-U-8l
approved
.
HC-51,564.0
denied
.
KINUTES OF THE DECEMBER 7, 1981 CITY COUNCIL HEETING
Hr. Manuel Telles, 1626 Jacob Avenue, Ssn Jose, one of the owners of the
adjoining lot, informed Council that the State had asked hila and the co-
owners to bid on the parcel as it vas too 81l1li11 to build on, but Hr.
Neofotistos hsd outbid hill on the p..rcel. He told Council that if th.y
would let Hr. Reofotistos build on 5,000 sq. ft., then he too would viah
to build on such size lot.
It was moved by Counc. Plungy, aeconded by Counc. JOhnl1011 and psssed
unanimously to deny Application 20-TM-8l.
30. Application 24-U-8l of Arndt Enterprises (Alice Siegrist): Us.
Permit to operate s fsst food spaghetti restaurant in an ex1stiaa
commercial center and Environmental Review: The Planning Coaadsaion
recommends the ~ranting of a Negstive Declarstion. Said property
is located on the northwest corner of ~ Anza Boulevard and Rodrigues
Avenue in a P (Plsnned Developaent with Ger.ral Commercial intent)
zone. Recommended for approval. (Continued fro. lIeeting of November
16, 1981.)
It was moved by Counc. Rogers, seconded by Counc. Plungy and psssed
unanimously 1;0 grant s Negative Declarstion for Applicstion 24-U-8l.
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unan~usly to approve Application 24-U-8l per Planning Commission
Resolution No. 2259 and staff rec~ndation with the stipulation that
there b~ more landscaping at the corner and a drainage pattern be
preserved. Curb returns were el1ø1nated, and staff was requested
to vork with the applicant.
UNFINISHED BUSINESS (continued)
34. Application HC-5l,564.0 - B & R Block requesting approval of a
Sign Exception to Sign Ordinance No. 746, Section 6.03.1. The
subject property is located approximately 150 ft. vest of North
Blaney Avenue on the north side of Stevens Creek Bouelvard.
(Coatinued from meeting of November 16, 1981.)
Stan Skelton, District Manager of H & R Block, reviewed the application
with Council.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed with
Counc. Sparks dissenting to deny Application HC-5l,564.0.
NEW BUS INESS
37. R"òolution No. 5767: "A Redolution of the City Council of the
City of Cupertino Authorizing Execution of Agreement between
County of Santa Clara and City of Cupertino for Participat10n
lr''t a Home Hort~age Finance Program. 11
.
MIRUTES OF THE DEC!MBER 7, 1981 CITY ~CIL MEETING
CDBG Coordinator Bendee reviewed the proposed agreement with Council and
Noah N_rk of A; &"4 Becker a_red questions regarding the
bond I18rket.
It vas moved by Counc. PlUDgy, seconded by Counc. Johnson and passed
unaniaously to adopt Resolution No. 5767.
35. Discussion regarding possible legal action on building and Bonini
violations _ Robert SVauson - vista Drive and Stevens Creek Boule-
vard. (Continued fr~ meeting of November 16, 1981.)
Director of Planning and Development Sisk informed Council that progress
was being made regarding the abatement of the problem aDd should legal
action become necessary, the .atter would be brought bsck before Council.
36. Request for Council action in regard to the discontinuance of lIid-
day service of the 199 bus. (Continued from œeting of November
16, 1981.)
Council took no action on this i;:....
38. Request for appropriations for BKR units - Park Plsza.
.
By consensus, Council requested that the Planning CouIIission thoroughly
examine the BKR Progr...
It vas IIIOved by Counc. Rogers, seconded by Counc. Gstto and passed unan-
imously to adopt a policy that no General Fund monies be used for the
purchsse of housing.
39. Claim for d81Yges filed by McCann and Bsssan (Jesn Claude Ph..).
It vss moved by Counc. Plungy, seconded by Counc Gatto and psssed unan-
imously to deny the claim for damages filed by McCann and Hassan (Jean
Clsude Pham) , and authorize the City Clerk to notify the claimants.
40. Request for approvsl of contracting for services with an Information
Systems consultant and appropriation of $7,500 from the General
Fund.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed with
Counc. Johnson and Rogers dissenting to approve c0ntracting for services
vith an information systems consultant and appropriate $7,500 from the
General Fund.
RESOLUTIONS
48. None
IIÞ NON-AGENDA 3USINESS
49. Recognition by Mayor of special requests.
CC-S5S
Page 9
Res. No. 5767
adopted
Zoning viola-
tions -
Swsnson
No action
Examine BKR
program
No General Fun
money for
purchase of
housing
Pham cla::'m
denied
Information
systems con-
sultant
.55
10
Waiver of bus-
iness license
fee
Adjournment
.
.
KINUTES OF TBJ: DlCDlBD 7. 1981 CIft COUBCIL huõullG
(a) General Audience
Alf Kodine, 1038' PrUDe Tree Lane, ..ked if the City or its r..ideata
would have any liability under the aortpge revenue bond agr_t.
It was -.ved by CoUDe. Gatto, secoD4ed by Counc. Johnson and P"Sed
unaniaoualy to approve waiver ..f buain..s license feea for the Cuper-
tino Action League for ita a_I caøvas8/fundrai8in¡ drive in Cupertino.
It vas moved by Counc. PlUDln', seconded by Counc. Gatto and passed
unanimously to 8djourn the meeting at 9:45 p...
A2~ ß·L·.i)
~z1t