CC 03-09-82
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CITY OF Cur_fIRO, STATE OF CALIFORNIA
lOJOO Torre Annue, Cupertino, CA 95014-3255
Telephone: (~08) 252-4505
KIBUTES OF TIlE REGULAR Jm:TIRG OF TIlE CITY COURCIL
HELD ON KARCH 9, 1982 IN THE CUIIUÎl.uCl! ROOK, CITY BALI
CUPERTINO, I'.ALIFOlUIIA
CC-563
'age 1
Mayor Sparks called the meeting to order at 6:45 p... in the Conferenc
Room, City Ball.
ROLL CALL
Counc. Present:
Counc. Absent:
Gatto, Johnson, Rogers, Hayor Sparks
Plungy
Staff Present:
City Kanager Quinlan
City Clerk Cornelius
City Attorney Kilian
Assistant to the City Manager Brown
Council conducted an interview of Hr. Alex Gernert for al'PointMllt
to the Energy Commission.
It was moved by Counc. Gatto, seconded by Counc. Johnson and p£ssed
unant.ously to appoint Mr. Gernert to the Energy C~ssion.
(City Clerk's Note: Assistant to the City Kanager Brown left the
meeting.)
At 7'00 p.m., the meeting va" adjourned to the Council Chamber.· Mayor
Sparks called the meeting to order in Chamber at 7:02 p...
SALUTE TO THE FLAG
ROLL ::ALL
Counc. Present:
Counc. Absent:
Gatto, Johnson, Rogers, Mayor Sparks
Plungy
<¡taff Present:
City Manager Quinlan
City Clerk Cornelius
City Attorney Kilian
Director of Parks and Rer.reation Dowling
Director of Public Works Viskovich
Director of Planning and Development Sisk
(City Clerk's Note: Counc. Plungy was ill with flu.)
Also present:
Public Safety Commission: Nick ~·zabo, Chairperson Syd Jarvis
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IUJIIUlaS or THE MARCH 9, 1982 CITY COURCn. MDTUG
'lnAFP UPORTS
1. Oral reports by stsff members and suba~ss1on of vritt6n reports.
City HaD8~er's Ieport
update ~~ Governor's Budset - Counc. Rogers will go to Sscraeento
Karcb ~7.
The City Attorne~ info~d Council that Hr. Bayer had rUlOVt'd tbe
two pillars from the City's right of way.
It vas ..,ved by Counc. Gatto, "..conded by Counc. Iogers and passed
unanimou3ly to disaisa the injunction against Hr. Bayer.
Legislative Ieview Committee
It vas ..,ved by Counc. .Johnson, seconded by Counc. Rogers and passed
unantsously to take the following actions regarding pending legisla-
tion:
SB 1335 regarding Tr~sportaUon J'unds vaa referred to the Public
Works Director for co..ent.
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AB 2399, Defense of Public Employees, was referred to the City Attorney.
Council supported the folloving bills:
Contiuue to S\.opport AB 1743 (Vicenc1a), Overhead Charges for County
Contracts With Cities.
Continue to support AB 495 (Bates), Appointment of Sole Nominee to Office.
AB 2316 (Lockyer), J'reeway Noise Barriers.
Council opposed thp. following bills:
AB 2344 (L. Stirling), PERS Cost-of-Living Adjustment.
SB I440 (Dills), Extend Moratorium on Billboard Removal to January
1, 1984.
No action was taken on AB 2480 (Nolan), Mandatory Issuance of Concealed
Weap,'n Permits.
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By consensus, the Kayor was directed to invite the secretary of
Senator Alquist to the Goals Committee dinner. The date of the dinner
has not yet been determined.
The City Manager will rec.,ive a letter from Mr. Alf Modine regarding
cable TV companies' use .:>f amateur radio frequencies. The City Kanager
will forward the letter tJ United Cable.
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K1NtJTES OF TIlE MARCH 9, 1982 CITY COUNCIL MEETING
CONSENT CALENDAR
It was moved by Counc. Rogers, seconded by Counc. Gatto and passed
unanimously tc approve the Consent Ca~endar.
7. Resolution No. 5820: "A Resolution of the City Council of the
City of Cupertino Alloving Certain Claims and DeLands Payable
in the Amounts and from the Funds as Hereinafter Described for
General and Miscellaneous Expenditures for tbe Period Ending Feb-
ruary l2, 1982."
8. Resolution p.o. 5821: "A Res~lution of the City Council of the
City of Cupertino Allowin~ Certain Claims and Demands Payable in
the Amounts and from tàe ~unds as Hereinafter ~~scribed for General
and Miscellaneous Expenditures for the Period Ending February
19, 1982."
9. Resolution No. 5822: "A Rcsoluti~ of the City Council of the City
of ~upertino Allowing Certain Claims and Demands Payable in the
ADYJnts and from the Funds as Hereinait~r Described for Salaries
and Wages for the Period Ending February 23, 1982."
10. Resolution No. 5823: "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 February 26,
1982."
11. Resolution No. 5824: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for De Anza
Boulevard Interconnect Project 79-20."
12. Resolution No. 5825: "A Resolution of the City Courcl1 of the
City of Cupertino Ar.ce~t1ng Grant of Easement for Roadway Purposes
from Wayne Sargent &nd Gloria Sargent Consisting of Approximately
0.11 Acres, Located on Orogrande Place."
13. Acceptance of City projects performed under contract: South De
Anza Boulevard Landscaping Installation, Project 80-05.
14. Acceptance of municipal improvements: Any Mountdi~ - southwest
corner of De Anza Boulevard and Mariani Avenue.
15. Application HC-5l,553.l - Grosvenor Internationp¡ (Trilogy Systems
Corporation) - requesting approval of a lighting plan for a 240,000
sq. ft. light industrial building. The subject property is located
on the north side of the :unipero Serra Freeway (Highway 280)
and 70J ft. £outh of Pruneridge Avenue, approximately 1,300 ft.
east of Wolfe Road. Recommended for approval.
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KINUTES Or' THE MARCH 9, 1982 CITY COUNCIL MEETING
16. P,quests for waiver of business license fees:
(a) American Cancer Society.
(b) Spirit of Sunnyvale Marching Youth Band Boosters Club, Inc.
17. Minutes of the regular City Council meeting of February 16,
1982. (CC-560)
18. Minutes of the adjourned regular City Council meeting of
February 22, 1982. (CC-56l)
19. Minutes of the adjourned regular Citj Council meeting of Feb-
ruary 23, 1982. (CC-562)
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Rogers, Sparks
None
Plungy
None
PUBLIC HEARINGS
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22. Consideration of vacation of a portion of Blaney Avenue near
Beekman Place.
(a) Resolution No. 5827: "A Resolution of the City Council
of the City of Cupertino Ordering Vacation of a Portion of
Blaney Avenue North of Beekman Place as Provided in Section
8320 Et Seq. of the Streets and Highways Code of the
State of California, Retaining it as Public Service Easement,
Public Utility Easement, 6'1d Sanitary Sewer Easement."
It was moved by Counc. Gatto, s~conded by Counc. Roger3 and pass~d
unanimously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 5827.
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23. Application 19-Z-8l of Da Anza Forge (Cupertino Village):
Rezoning approximately 7.3 gross acres from A (Exclusive Ag~i-
culture) to P (Planned Development with residential 10-20
dwelling units per glOSS acre and mini-storage intert) zone
and Environmental Review: The Planning Commission recommends
the granting of a Negative Declaration. SaId property is
located on the southwesterly quadrant of Homestead Road and
De Anza Boulevard just north of Highway 280 (behind Homestead
Square Shopping Center and De Anza Lumber). Recommended
for approval. (This application to be hcard in conjunction with
Application l8-U-~1.)
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MINUTES OJ' TI:íI MUCH 9, 1982 CITY COUNCIL MEETING
, CC-563
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(a) J'irs~ reading of Ordinance No. 1169: "An Ordinance of the
City of Cupertino Amending Section 1 of Odinance No. 2 by
Rezoning Approximately 7.3 Gross M.res from A to P Zone;
Located on the Southwesterly QuaJrant of ROBe.tead Road and
De ADze Boulevard Just North of Highway 280 (Behind Home-
stead Square Shopping Center and De Anza Lumber ."
PLANNING APPLICATIONS
24. Application l8-U-5l of De Anza Forge (Cupertino Village): Use
Perait to construct 96 residential condominium units and a mini-
storag~ facility and Environmental Review: The Planning Commis-
sion recommends the granting of a Negative Declaration. ~aid
property is located on the southwesterly quadrant of Homestead
Road and De Anza Boulevard just north of Highway 280 (behind Home-
stead Square Shopping Center and De Anza Lumber). Recommended
for approval. (This application to be heard in conjunction with
Application 19-Z-8l.)
Director of Planning and Development Sisk reviewed the applications
with Council.
Hr. John Vidovich, applicant, expressed concern regarding Condition
No. l60f the U£e Permit. He requested that it be changed to only 5%
BHR units or that actual costs could be charged.
He was informed that there is a process by whi~h he could make such a
request.
Hr. Stan Scarborough, 10571 Whitney Way, stated his opinion that the
proposed location was an appropriate one for high density.
It was moved by Counc. Gatto. seconded by Counc. Rog~rs and passed
unanimously to close the public hearing.
It was moved by Counc. Gatto, s~conded by Counc. Rogers and passed
unanimously to grant a Negative Dec~aration for Application 19-Z-8l.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimcusly to approve Application 19-Z-81 per Plarning Commission
Resolution No. 2283.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passe~
unanimously tn read Ordinance No. 1169 by title only and the City
~lerk's reading to constitute the first reading.
It waq ~~ved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to gxar.t a Negative Declaration for AP?ltc3tion l8-U-8l.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to approve Application 18-V-8l per Planning Commission
Resolution No. 2284.
CC-563
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KDUTES OJ' THE !".ARCH 9, 1982 CITY COUNCIL MEETING
ORAL C<IOIDNICATIONS
20. Stan Scarborough addreaeed Council regarding traffic concerns
in the Town Center area. In particular, these concerns were directed
towards studies and figure analysis. He requested that Council re-
consider Town Center rezoning and General Plan Amendment on the Torre
Avenue property.
It was .....ed by Counc. Gatto, seconded by Connc. Rogers and passed
unanimously to conduct an adjourned regular meeting of Council at
7:00 p.m., Tuesùay. Karch 16 to study available traffic data, especially
in regard to the Stevens Creek Boulevard and De Anze Boulevar~ area.
The Director of Planning and Development will invite the Planning
Commissioners to attend. Arrangement will be made for speakers and
chairs outside the Council Chamber in the event of an overflow crowd.
PUBLIC JU!AIURGS (continued)
21. Consideration of enactment of a smoke detector ordinance.
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(a) Ordinance No. ll68: "An Ordinance of the City of Cuper-
tino Amending Chapter 16.40 of the Cupertino Municipal
Code by Adding Sections 16.40.165 and l6.40.l66 Regarding
Smoke Detection Systems and Section 16.40.180 Regarding
Penalties for Violations."
Mr. Nick Szabo oi the Public Safety Co~ission reviewed the proposed
ordinance with Council.
Chairperson of the Public Safety Commtssion, Hr. Syd Jarvis, expressed
the COSlission' s concern for "safety first".
Hr. Alf Kodine, 10385 Prune Tree Lane, spoke in opposition to the
proposed ordinance.
Hr. B~b Childs, 10152 Barbara, reviewed the wording of certain sec-
tions of the ordinance with Council. Those sections were contained
on µages 3, 4, 5 and 6. He ~lso inquired as to the penalty mentioned
in the ordinance. He was informed the penalties were first offense, $50:
second, $100: third, $250.
Mra Alex Gernert, Energy Co:nmission member, explained what a "separate
circuit" was and the reason for it. He stated that retrofitting
with direct wires would be extremely costly and battery operated
smoke detectors are available that will signal when the battery
is dead.
The City Attorney requested that the last sentence of Section (c),
page 4, be deleted. Hr. Szabo stated that this particular requi.ement
was included in the State Fire Code.
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MINUTES OF THE MARCH 9, 1982 CITY COUNCn MEETING
It was moved by Counc. Rogers, seconded by Counc. Gatto and passed
unanimously to close the public hearing.
Discussion followed pertaining to the expense of retrofitting and
concerns regarding the burden of responsibility in instances of multip e
dwelling units.
Hary Ann Kiper representing Stoneson Development Co. stated that she
felt certain that thev would include a rider in their lease agreements
pertaining to the fire detection systems.
It was moved by Counc. Gatto, seconded by Counc. Rogers and psssed
unanimously to continue first reading of Ordinance No. 1168 to the
meeting of April 5, 1982 to allow staff to revise the draÍt ordinance
and ~hat the Di~ector of Finance prepare a process and cost analysis
of a yearly mail out to and return from owners of multiple dwellings
to monitor maintenance of the smoke detectors.
Council made the following revisions to thp proposed ordinance:
Page 3, Section 16.40.166, Section (a), after the words "currently
existing", the words "except detached singl..-famlly dwellings" will
be inserted.
Page 4, Section (c), the sentence, "Additional smoke detectors may
be required by the Chief of the Central Fire District" will be
deleted.
Page 4(f), will read as per State Fire Cod~.
Page 5, Section (g), shall read, "The owner shall ensure that all re-
quired smoke detectors are inscalled and in proper working order each
time an occupant takes possession, and the owner shall repair within
a reasonable time the smoke detector upon being notified it is not
working. II
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
25. None
ITEMS RE!iJVED FROM CONSENT CALENDAR
26. None
UNFINISHED BUSINESS
27. None
NEW BUSINESS
28. Claim for damages filed by Al' ,d D. Abshire.
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MINUTES OF THE MARCH 9, 1982 CITY romlCIL MEETING
It wap ~ved by Counc. Rogers, seconded by Counc. Gatto and paaeed
unan1~usly to reject the claim for damages filed by Alfred D. Abshire.
29. Claim for damages filed by Mannina & Tambling on behalf of
Anita Komer.
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to reject the claim for damages filed by Mannina &
Tambling on behalf of Anita Komer.
30. Claim for damages filed by Joyce A. Francis.
It was moved by Counc. Rogers, seconded by Counc. Gatto and passeo
unanimously to reject the claim filed by Joyce A. J'rancis.
31. Claims for damages filed by and on behalf of Joel B. Winer.
It was moved by Counc. Rogers, seconded by Counc. Gatto and passed
unanimously to reject the claims filed by and on behalf of Joel B.
Winer.
32. Claims for damages filed by Joseph M. Leitner.
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It was moved by Counc. Rogers, seconded by Counc. Gatto and passed
unanimously to reject the claims for damages filed by Joseph M. Leitner.
33. Request for extension of tempora., office trailer - Hewlett
Packard (Pruneridge Avenue and Wolfe Road).
It was moved by Counc. Gatto, sec~ded by Counc. Rogers and pas8ed
unanimously to approve the request from Hewlett-Packard for a one-
year extension on using a tempora~y office trailer.
34. Discussion regarding a side~alk plan for Stevens Creek Boulev-
vard.
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to refer the sidewalk plan for Stevens Creek Boulevard
to Architectural and Site Approval Committee.
35. Authorization to refer. tû the City Attorney the matter of viola-
tion of retaining wall and grading, San Felipe Road.
At the request of staff, Council, by co;~sensus, removed this item
from the a~enda.
WRITTEN COMMUNICATIONS
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36. N'>ne
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MINUTES OF THE MARCH 9, 1982 CITY COUNCIL MEETING
ORDINANCES
37. Second reading of Ordinance No. 1¡65: "An Ordinanc.. ';)f the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 14 Acres from P to P Zone: Located between Stevens
Creek Boulevard and Rodrigues Avenue Approximately 700 Ft. West
of South Blaney Avenue."
It was moved by Counc. Jatto, aeconded by Counc. Rogers ani passed
unarimously to continue second reading of this ordinance to the regular
meeting of April 5, 1982.
38. Second reading of Ordinac_~ No. 1166: "An Ordinance of the City
of Cupertino Amending Sections 2.32.020, 2.36.020, 2.38.020,
2.44.040, 2.60.020, 2.68.020, gnd 2.74.020 of the Cupertino Muni-
cipal CodE< Pertaining to Appointments to Advisory Bodies."
It was moved by Counc. Gatto, seconded by Counc. J';)hnson a~d passed
unanimously to read Ordinance No. l166 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. 1166.
39. Second reading of Ordinance No. 1167: "An Ordinance of the City
vf Cupertino Amending Sections 2.32.040, 2.36.040, 2.38.040,
2.44.040, 2.60.040, 2.68.040 and Z.74.040 of the Cupertino MunI-
cipal Code Pertaining to Officers of Advisory Bodi..s."
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to read OrdiJance No. 1167 by title only and the City
Clerk's reading to constitute the second reading.
It was moved by Counc. Rogers, seconded by Counc. Gatto and passed
unanimously to enact Ordinan~e No. 1167.
40. First reading of Ordinance No. 1170: "An Ordinance of the City
of Cupertino Amending Section 11.24.150 of the CupErtino
Municipal Code, Relating to Stopping, Standing or Parking on Orioa
Lane."
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1170 by title on1! 2nd the City
CIerk's reading to constitute the first reading.
RESOLUTIONS
41. Resolution 1:0. 5826; "A Resoluticn of the City Council of the
City of Cupertino Terminating Agreement with Caltrans for the
Modification of Traffic Control Signal System and Safety Lighting
at De Anza Boulevard and State Route 280."
It wa~ moved by Counc. Gatto, seconded by Coun~. Rogers and passed
unan1mo'lsly to adopt Resolut ion No. 5826.
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MINUTES OF TIlE MAKCH 9, 1982 CITY r.OUNCIL HERTING
42. Resolution No. 5828: "A Resolution of the City Couuci! of
the City of Cupertino Endor8ing and S~pporting the Objectives
and Coals of the Great California Resource Rally Scheduled
for April 19-25, 1982."
It was moved by Counc. Gatto, seconded by Counc. ~ogers and passed
unanimously to adopt Resolution No. 5828.
NOR-AGENDA BUSmSS
43. Recognition by Mayor of special requests.
(a) General Audience - Hone
(b) City Council - Discussion waH held concerning handgun
control. No action was t&ken.
City Manager Quinlan requested a closed session to discuss possible
condemnation proceedings on Stevens Creek Boulevard.
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By consensus Council referred a letter received from the Cupertino
Historical Society pertaining to the Cali house being moved to Memorial
Park for use as a historical museum to the Parks and Recreation
Commission.
At 9:40 p.m., Council adjourned to the Conference Room for a closed
ses9ion.
At 9:45 p.m., Council returned tc op~n B~5Z1o~ in Chamber.
It was moved by Counc. Rogers, seconded Counc. Gatto and passed
unanimously that the staff app~oach for purchase of property in
the vicinity of Boo Boo Hill, Carmen Road and Phar Lap Dri~e be
pursued.
At 9:50 p.m., the meeting was adjounred to the regular meeting of
March 15, 1982.
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City lerk
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