CC 01-18-82
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CITY OJ' CUPERTINO, STATE OJ' CALII'ORNIA
10300 Torre Avenue, Cupertino, CA 95014-3255
Telephone: (408) 252-4505
MINUTES OF THE REGULAR HEl:TING OF THE CITY COUlIICIL
HELD ON JANUARY 18, 1982 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALII'ORNIA
Kayor Sparks called the meeting to order at 6:45 p... in the Council
Ch....ber of City Hall.
SALUTE TO THE ¥LAG
ROLL CALL
Counc. Present: Gatto, Johnson, Plungy, Rogers, Mayor Sparks
Staff Present: City Manager Quinlan
Deputy City Clerk Campagna-Blaise
Director of Planning and Development Sisk
Director of Parks and Recreation Dowling
City Attorney Kilian
Director of Public Works Viskovkh
Director of Finance Snyder (6:55 p.m.)
STAFF REPORTS
1. Oral reports by staff members and submission of writt~n reports.
City Manager's Report
De Anza College Request for Participation of Resurfacing of Tennis
Courts - It was moved by Counc. Gatto, seconded by Counc. Rog£rs and
passed with Counc. Johnson dissenting to approve the rec~dation to
participa~e in the resurfacing of the D2 Anza tennis court on the basis
of 15% of the cost not to exceed $!,3oo for one time only.
Sheriff's Contract - It was moved by Counc. Rogers, seconded by Counc.
Gatto and passed with Counc. Sparks dissenting to instruct staff to
prepare a letter jointly with other contract cities to be sent to
the Board of Supervisors determining policy position on the Sheriff's
contract changes for 1982-83.
Solid Waste and JPA - The North County JPA Seminar will be held Februs
24, 1982 at Sunnyvale Community Center from 9:00 a.m. to 5:00 p.m.
Council was invited to attend. It was suggested that those that do not
attend may want to tape the session if possible.
False Alarm Reports - Council received the update concerning false
alarm reports.
Budget Work Schedule - Finance Director Snyder presented the budget
work schedule with the following additions: February 24 to include
the Five Year Projection and Capital Improvements input and June 21
adoption of the 1982-83 final budget. It was moved by Counc. Johnson,
seconded by Counc. Plungy and passed unanimously to approve the budget
work schedule as follows:
CC-558
Page 1
kesurfacing
of De Anza
~ennis courts
Sheriff's
contract
Solid waste
seminar
False alarms
IIcdget work
scnedu Ie
~5~
Johnsen resig-
nation ac-
cepted
Change in
election date
Report re
.rvation
act
cancellation
Work furlough
program site
Energy Com.
report
Commissioners'
dinner
Disabled Per-
son Commit tee
Preview of
cable TV fac-
ill ties
Legisal tive
I:iew Com-
e recom-
m at10ns
accepted
K1NUTES ,or TIlE JANUARY 19, 1982 CITY c.ooNCIL MEETING
Februa:y 24 - Review estimated revenue for fiscal year 1981-82,
Five Year Project and r~pital Improvements.
April 30 - Distribution of proposed budget to City Council.
May 10 - City Co,mcil review of proposed budget.
June 8 - Election day.
June 21 - Public hearing on use of Revenue Sharing; adoption of final
budget.
City Clerk's Report
It was IDOved by Counc. Gatto, seconded by ('.aunc. Rogers and passed
unanimously to accept Ron Johnsen's resignAtion from the Energy
Commission.
By consensus, CouncH requested the City Clerk and the City Attorney
to gather some i~formation on changing the general municipal election
date to November of odd-numbered years and age~dize the information
for the J'ebruary 1 Council meeting.
Council accepted the report concerning the cancellation of conservation
contract, Lands of Forge.
COUNCIL REPORTS
Counc. Rogers reported that Cupertino sites do not conform with the
work furlough program requirements. The Board of Supervisors will
meet January 26 to select a site and call for a public hearing.
Counc. Johnson tl~nked the Energy Commission and staff for their
report.
Counc. Joh~son announced that a Commissioner's dinner is scheduled
for Februa~y 20, 1982 at the Senior Center. He also stated that
on January 29, 1982, the Santa Clara Valley Water District is having
a reception honoring their publication at the De Anza College History
Center from 7:00-9:00 p.m. Council was invited to attend.
Counc. Plungy reported that the International Year of the Disabled
Person Committee has completed its work.
Mayor Sparks reported that he and the City Manager previewed the cable
TV facilities at De Anza College, and operation should begin in
approximately two months.
The Legislative Review Committee recommendations were ~ccepted as
follows:
Support SB 500 (Tort Reform - Beverly); AB 1252 (Papan) and AB 1345
(La Follette) - Vehicles, Weight Violations and Fines; AB 1760
(Unemployment Insurance, Students - Robinson): and AB 1743 (Overh~ad
Charges for County Contracts with Cities is Prohibited _ Ryan).
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MINUTES OF ..IE JANUARY l8, 1982 CITY COUNCIL MEETING
Oppose SB 999 (Firewords - Ca~bell); SB 225 (Property Tax Override for
Voted Indebt~dness - K. Gar~ia); AB 1197 (Vehicle, Weight Limits, Refuse
Trucks - Floyd); and AB 221 (Vehicles, Combinations of length - Thurman).
No action on SB 426 (eo.pulsory and Binding Arbitration - Boatwright);
AS 6X (Accelerated Eaployer WithholJing Payments Approved - Robinson):
and AS 1840 (Unified Local Agency Audit Procedure - L. Stirling).
CONSENT CALENDAR
COIDlC. Rogers requested Item 14 be removed. It was moved by CoIDlC. Gatto
seconded by Counc. Plungy and passed unanimously to approve the balance
of the Consent Calendar.
7. Resolution No. 5793: "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 31, 1981."
8. Resolution No. 5794: "A Resolution of the City Council uf the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for Salaries
and Wages for the Period Ending December 29, 1981."
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9. Resolution No. 5795: "A Resolution of the City Council of the City
of Cuoertino 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 January 8, 1982."
10. Resolution No. 5796: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Annual Overlay
Pro j ec t 82-01."
11. Resolution No. 5797: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roað~&y Purposes from
Stanley KushinskY Consisting of Approximately 0.109 Acres, Located
along Merriman !Wad."
12. Resolution No. 5798: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purposes from
Brenda J. Araldi Consisting of Approximately 0.109 Acres, Located
along Merriman Road."
13. Resolution No. 5799: "A Resoltuion of the City Council of the City
of Cupertino Approving the Final Map of Tract No. 7207, Foothill Com-
mercial Condominium; Located at the Northwest Corner of Foothill
Boulevard and Stevens Creek Boulevard: Developer, Dirk C. Reed and
Janice H. Reed; and Authorizing the City Engineer and the City Clerk
to Sign the Final Map."
. 14. Removed
15. Acceptance of municipal improvements: Tract No. 6511 - Rainbow
Drive, Alt Rauser.
CC-558
Page 3
Item removed:
Consent Calen-
dar approved
·:
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PrOc.idmation
presented
MINUTES OF THE JANUARY l8, 1982 CITY COUNCIL MEETIRG
16. Resolution No. 5801: "A Resolution of tbe City Council cf the
City of Cupertino Approving Contract Change Order No. 4 for
Steveus Creek at Railroad Widening Project 80-42."
17. Resolution No. 5802: "A Resolution of the City Council of the
City of Cupertino Accepting Grant of &~sement for Roadway Pur-
p~ses frog Køtty Lin and Tzyy-Sheng LiD Consisting of Approxi-
mately 0.086 Acre, Located along Merriman Road."
18. Request from Friends of the Cupertino Library for waiver of
business license fees for 1982.
19. Minutes of the regular City Council meeting of Janu.ry 4, 1982.
(CC-557)
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Plungy, Rogers, Sparks
None
None
None
ORAL COMKUIIICATIONS
20. Proclamation declaring January 23-24, 1982 as "Healthy Mothers,
Healthy Babies" weekend in Cupertino.
Mayor Sparks presented Judy Butler, Mothers Karch Coordinator, March
of Dimes, with a prorlaaation declaring January 23-24, 1982 as "Healthy
Mothers, Healthy Bal..es" weekend in Cupertino.
PUBLIC HEARINGS
21. Eminent domain hearing regarding acquisition of property for
purposes of constructing a vublic roadway (Mann Drive).
(a) Resolutior. No. 5791: "A Resolution of the City Council
of the City of Cupertino Determining that Public Interest
and Necessity Require the Acquisition of Easement and
Directing the Filing of Eminent Domain Proceedings."
Barry Berkett, Thrifty Oil Co., addressed Council and expressed the
desire to upgrade the existing gas station with improvements.
Ann ~'ger. 10185 Empire Avenue, spoke on improving the area but said
another gas station was not the answer.
Public hearing It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
closed unanimously to close the public hearing.
.ed
sessIon
At the request of Mayor Spark&, the meeting was adjourned to a closed
session at 7:45 p.m.
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KINUTES OJ' THE JANUARY 18, 1982 CITY COUNCIL MEETIIG
At 7:50 F..., the meeting vas recoD7ened in open session.
The City Attorney reported that Council discussed various etrate&1.s
with respect to acquirin¡ the prop&.rtes, and it vas decided in closed
session as a consensus to proceed W1th adopting Resolution No. 579l.
It vas moved by Counc. IIDgers, seconded by Counc. Gatto and passed unan-
i80usly to adopt Resolution Ro. 5791.
PLANNING APPLICATIONS
22. Application 27-tJ-8l of C. Thomas Reeves: Use Permit to construct
a 9,800 sq. ft. offlce building and Environmental Review: The En-
vironmental Review Committee recommends the granting of a Negative
Declaration. The subject property is located on the vest Bide of
Pasadena Avenue approximately l25 ft. south of Stevens Creek Boule-
vard ln a P (Planned Development with commercial, i~cidential indus~
trial and/or residential intent) zoning district. Recommended for
approval.
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C. Thomas Reeves, 22650 Silver Oak Lane, applicant, ði~CuAged the site
with referrace to parking and landscaping, and in th,¡: area. of location
the pre 1941 architecture was incorporated with the Me~s color and d~-
sign.
Mayor Sparks requcsted a short recess so the applicant could ~resent a
color slide presentation.
RECESS: 8:25-8:30 p.m.
Hr. Reeves introduced Stanley Saitowitz, 2207 Jones St., San Francisco,
architect, who presented the slides and spoke on behalf of the applicant.
It was moved by Counc. IIDgers, seconded by Counc. Gatto and passed unan-
imously to grant a Negative Declaration fo~ Application 27-U-Sl.
It w..s moved by COIUlC. Gatto, secon"ed by Counc Plungy and ¡lassed unan-
imo~ly to direct a Minute Order to Architectural and Site Approval
CoaaiUee requesting that the ColIIDittee prepare and recommend a "Street-
scape for the Downtown Manta Vista I.rea", and that the Plan òLc,uld incor-
porate paving materials, street tree .ypes and location, light standards
and street furniture design with consideration given to approDriate
buildi~g setbacks.
It vas "",ved by Counc. Gatto, seconded by COL'DC. Rogers and ,>as sed with
Counc. Plungy dissenting to a¡>prove Application 27-tJ-Sl per ?lanning
Cò-.1ssion Resolution ~. 2274 with the addition of the following con-
ditions:
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17. The trash enclosure iocated adjacent to th~ Pasadena s.reet frontag
shall be moved to the rear of the property.
IS. Signs are not approved as part of this action.
19. A landscape plan shall be submitted to the Architectural and Site
Approval r.o~ttee provIding for additional trees throughout the
CC-55S
Page 5
Res. No. 5791
adopted
Negative Dec.
for 27-U-8l
Minutes Order
re 27-U-Sl
27-U-8l ap-
proved with
additional
conditions
J
CC-558
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28-U-8l
approved
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HC-5l,564.0
approved
Meeting date
c hac 'led
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Res. 5780
adopted
K1NtJTES OF THE JARUARY l8, 1982 CITY COONCIL MEETD!G
site. Additionally, a tree protection plan shall be subaitted
and approved relative to existing mature trees on the site,
20. Tbe Architectural and Site Approval Committee shall review and
approve the exterior colors of the structure. Additionally,
it should be noted t~at all roof .ounted equipment shall not project
above the horizontal roof liue.
23. Application 28-U-8l of Manta Viata Properties (Terry Brown):
Use Permit to construct two si~81e-faldly residential homes and
EnvirOlllllental Review: The project is ""tego!~cally exempt, hence,
no action is required. Th~ subject proper.ies are located on the
south side of Stevens Creek Boulevard in a P (Planned Development
with residential, 4-l2 dwelling units per acre intent) zoning
district. One parcel is approximately 250 ft. west of Orange
Avenue and the other is 375 ft. vest of Orange Avenue. Recom-
mended f~r approval.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to approve Application 28-U-8l per Planning Commission
Resolution No. 2275.
MCHITECTURAL AND SITE APPROVAl COMMITTEE APPLICATIOKS
24. None
ITæ5 REKOVED FROM CONSENT CALENDAR
14. Application HC-5l,564.0 - H & R Block requesting approval of
sign prograa and sign exception for property located approximately
150 ft. west of North Blaney Avenue on the north side of Stevens
Creek Boulevard. RecOllllllendcd for approval.
It was moved by Counc. Rogers, seconJed by Coun'O. Johnson and passed
unanimously to approve Application HC-5l,564.0 per Architectural and
Site Approval r.oamdttee Resolution No. 1004.
UNFIN~SHED BUSINESS
26. None
NEW BUSINE3S
27. Consideration of change of date or cancellation of regular meeting
of Monday, March 1, 198£.
It ~as moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to change the March 1 Council meeting to March 9, 1982.
28. Discussion regarding a property tax exchange in conjunction with
a jurisdictional change.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to adopt Resolution No. 5780, "Resolution of Agreement
Pursuant to Revenue and Taxation Code Section 99.1 for Exchange of
Property Tax Revenues for Territories AffecUd by a Jurisdictional
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MINUTES OF THE JANUARY 18, 1982 CITY COUNCIL MEETING
Change Resulting in a Special District Providing Service Where Such
Service had not been Previo,,¡,ly ProvIded by Any Local Agency."
29. Claim for damages filed on behalf of Mark uavib.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to deny the claim of Hark Davis and authorize the City
Clerk to so notify tb. claimant.
30. Discussion regarding an expansion of the Board of Supervisors.
By consensus, Council authorized the City Clerk to see what recommenda-
tion the City of Campbell was making. A report would be presented to
Council at a later date.
31. Review of LAFCO report on urban service area and annexation
processes.
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It was moved by Counc. Plungy, seco."'=.i 0:; Counc. Rogers and passed
unanimously for the Mayor to advise LAFCO that the City of Cupertino
supports the concept that cities be able to annex property within their
approved Urban Service Area boundary without an action by the LocaJ
Agency Formation Commission.
32. Consideration of agreement with Central Fire Protection District
for fire hydrants.
(a) Resolution No. 5800: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Fire Hydrant
Agreement between the City and Central Fire Protection District.'
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unan-
imously to adopt Resolution No. 5800.
:ntITTEN COKKUNICATIONS
33. John Vidovich, 1307 Mary Avenue, Sunnyvale, asked Council to con-
sider abolition ~f the BHR Program.
It was moved by Counc. Plungy, second¿d by Counc. Johnson and passed
unanimously that the Pla~ning Ccmmission consider the merits of the
entire BKR program as part of their General Plan Housing Element
hearing in February.
OttDINANCES
.
34. Second reading of Crdinance No. 1157: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by PrezoninR
Approximately .45 Gross Acre from Santa Clara County Rl-S Zone to
City of Cupertino Rl-7.5 Zone: Located on the North Side of San
Fernando Avenue Approximately 100 Ft. West of Orange Avenue."
CC· 38
Page 7
Davis ::laim
denied
Expansion of
Board of
Supervisors
LAFCO report,
annexation
processes
Res. 5800
adopted
Abolition of
BKR Program
requested
Planning Com.
to consider
merits of the
BKR Program
.:
Second reading
of Ord. ~157
Ord. 1157
enacted
Second reading
of Ord. 1158
Ord. 1158
enacted
.
Second reading
of Ord. 1159
Ord. 1159
enacted
Second reading
of Ord. 1160
Ord. 1160
enac ted
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MnruTES OF THE JANUARY 18, 1982 CITY COUNCIL MEETING
It was moved by Counc. Plungy, seconded by Counc. Gatto and pdssed
unanimously to read Ordinance No. 1157 by title only and the Deputy
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. 1157.
35. Second reading of Ordinance No. 1158: "An Ordinance of th~ City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately .l4 Gross Acre from San Jose Rl Zone to City
of Cupertino Rl-6 Zone: Located on the North Side of Rainbow
Drive Approximately 340 Ft. Ease of Aster Lane."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1158 by title only and the Deputy
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. 1158.
36. Second reading of Ordinance No. 1159: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance Nc 2 by
Pre zoning Approximately .58 Gross Acre from Santa C' :a County
Rl Zone to City of Cupertino P Zone; Located in the Cunty of
Santa ~lara on the Southwest Corner of Scevns Creek Boulevard
and Stern Avenue."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1159 by title only and the Deputy
City Clerk's reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unani~usly to enact Ordinance No. 1159.
37. Second reading of Ordinance No. 1160: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately .15 Gross Acre from City of San Jose
Rl-B6 Zone to City of Cupertino Rl-6 Zone: Located on the North
Side of Newcastle Drive Approximately 300 Ft. East of Aster
Lane. ,:
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1160 by title only and the
Deputy City Clerk's reading to constitute the second reading.
It was moved by Cou"c. Gatto, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 1160.
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KIIlUTES OF T1ΠJANUARY 18, 1982 CITY COUNCIL MEETING
38. Second reading of CTd1uance No. 1161: "An Ordinance of the City
of Cupertino A8ending Section 1 of Ordinance No. 2 by Rezoning
Approximately .15 Acre from Rl-lO Zone to CG Zone; Located on the
South Side of McClellan Road Approximately 100 J't. West of De Anza
Boulevard and Continues Ar~und to De An7A Boulevard l4S J't. South
of ML:lellan Road."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinancb No. ll6l by title only and the Deputy
City C1erk's reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to enact Ordinan.e No. ll6l.
RESOLUTIONS
39. None
NON-AGENDA BUSINESS
40. None
ADJOtIRN!ŒNT - It waa moved by Counc. Plungy, seconded "'y Counc. Gatto
and passed unanimously to adjourn the meeting at lO:20 p.m.
~"<-'~-;./--~"¿
Deputy C y ~er
CC-SS8
Page 9
Second reading
of Ord. 1161
Ord. 1161
enacted