CC 06-20-83
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CITY 01' CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR cm COUNCIL MEETING
HELD ON JUNE 20, 1983 IN TIlE COUNCIL CBAMIIER, CITY HALL
CUPERTINO, CAl.IlIORNIA
At 6:50 p.m., the meeting was called to order by Mayor Gatto in the
Council Chamber.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Johnso~, Plungy, Rogers, Sparks, Mayor Gatto
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Finance Snyder (left at 7:40 p.m.)
Assistant to the City Manager Brown
City Attorney Kilian
STAFF REPORTS
~Manager's Report
Hazardous Chemical Ordinanee - It was moved by Counc. Rogers, seconded
by Counc. 5~arks and passed unanimously to continue the public hearing
from July 5 to August I, 1983. The City Clerk was requested to give
Counc. Rogers eight copies of the proposed guidelines.
Attorney General Response to Opinion Requested via Senator Alquists's
Office Regarding a General Law City's Ability to Limit Councilmember
Terms to Two Successive Terms Either By Ordinance or Vote of the
People - By consensus, Council referred the ability of a general law
city to limit council terms to two suc~essive terms either by ordinanc
or vote of the people to the City Attorney for his opinion.
Letter from Prometheus DevelopJlent Company - It was moved by Counc.
Sparks. seconded by Counc. Johnson and passed unanimously to dir~ct
the City Attorney to pr2pare a draft ordinance that wot;ld enabh the
City to enter into development agreements. After review by the City
Council it will be referred to a committee and then to the Planning
Commission.
Letter from Postal Service - It was moved by Coune. Sparks, seconded
by Counc. Rogers and passed unanimously to direct the City Manager
to draft a letter, In coordlnation wlth the Mayor, regarding concerns
resulting from the letter to Ed Zschau from the Sierra District Man-
ager of the US Postal Service.
CC-613
Psge 1
Hazardous
Chemical Ord.
Limiting of
Council terms
Development
agreements
Postal service
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Interviews
for Planning
Com.
Civic center
plan; lower
level plan
Hwy. 85 Task
Force Model
Agreement
ItI6llative
"W Com.
Consent calen-
dar approved
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MINUTES OF THE J1JN}¡ 20, 1983 CITY COUNCIL MEETING
City Clerk's Report
Planning C01ll!!lission Vacancy - By consensus, Council will conc!uct
views of Planning C....tssion applicants on August 1 or August 2.
date will be decided at the meeting of July 18, 1983.
inter-
The
Civic Center Parking Lot Expansion - Director of Public W~rks Viskovich
presented Council with a revised plan which would allow for 24 additional
parking spaces.
Discussion followed regarding a master civic center plan and lower level
expansion plan. By consenaus, staff was directed to submit to Council
a land use $tudy shoving alcernate uses for the civic eenter area.
This report will include land available, square footage and parking
ratio.
Staff was directd to ~,bmít to Council a lower level floor plan regarding
any possible future use of that level of City Hall.
COUNCIL REPORTS
Mayor Gacco - Council referred the Highway 85 Task Force Model Agreement
with the State to the City Attorney for his review.
Counc. Johnson - Legislative Review Committee - It was moved by Counc.
Johnson, seconded by Counc. Sparks (Counc. Rogers dissenting opposition
to SB 1136) to take the following aetion regarding legislation:
Oppose
AB 1597 (Co~ta), Expanding authority of State Department of Housing and
Community Development.
SB 1136 (Riehardson), Concealed weapons permits (Counc. Rogers dissenting).
AB 469 (Campbell), Licensing of recreation programs run by cities.
Support
AJR 60 (Moore). Legislation to speak out on federal cable television
legislation.
CONSENT CALENDAR
It was moved by COUDC. Sparks, seconded by Counc. Johnson aDd passed
unanimously to approve the Consent Calendar as submitted.
7. Resolution No. 6105: "A Resolution of the City Council of the
City of Cupertino Allowing Certaic Claims and Demands Payable in
the Amounts and from the Funds as Hereinafter Described for General
aDd Hiscellaneous Expenditures for the Period Ending May 27, ì983."
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MINUTES OF T1IB J1IRE 20, 1983 CITI COUNCIL MEETDlG
8. Resolution No. 6108: "A Resolution of the City eouneil of the
City of Cupertino Authorizing Execution of AgreeMnt for Enginer-
ing Service8 with ICier ó Wright Civil Engineers end Surveyors, Inc.
for 1983-84 Miscellaneous Water Main Replacement Project."
9. Resolution No. 6109: "A Resolution of the Cit.y Council of the City
of Cupertino Approving Lot Line Adjustment between Two Parcels of
l~nd Without a Parcel M~p in Accordance with Section 66412(d)
of Subdivision Map Act as Amended January 1, 1980, Grosvenor
Property in Vallco Park, Pruneridge Avenue Adjacent to Calabazas
Creek."
10. Acceptance of City proj<:ct performed under contract: MeI!Iorisl Park
Ter.nis Court Resurfacing.
11. Request for waiver of business license feea filed by California
Public Interest Research Group.
lZ. Minutes of the regular City Council meeting of June 6, 1983. (CC-
611)
13. Resolution No. 6114: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for City Hall
Basement Modification Project 79-56, Electrical."
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Plungy, Rogers, Sparks, Gatto
None
None
None
ORAL COMMUNICATIONS
15. Presentation of Decision Makers to Counril from the League of Wome
Voters of Cupert.ino-S~nnyvale.
Marge Harame, President, League of Women Vot.ers, Cupertino-Sunnyvale
area, presented Counelmembers with a book prepared by ..he League en-
titled, Decision Makers. She stated that copies would be made availabl
for the Planning Department and the City Manager as well.
PUBLIC HEARINGS
17. Public hearing regarding use of FY 1983-84 Revenue Sharing Functs,
and adoption of FY 1983-84 Operating and Construction Budp.et.
(a) Resolution No. 6110: "A Resolution of the City Council of th
City of Cupertino Adopting an Operating and Construction
Budget for Fiscal Year 1983-84 by Ratifying Estimates of
Revenue5 to be Received in Each Fund and Appropriating Monies
Therefrom for Specified Program Activities and Accounts and
Setting Forth Conditioos of Administering Said Budget."
cc-613
ra.. 3
Decision Makers
presented
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MINUTES OF THE JUNE 20, 1983 CITY COUNCIL MEETING
17. (b) Resobtion No. 6111: "A Resolution of the City Council of
the City of Cupertino Setting Bonded Debt Tax Rate for the
Fiscal Year 1983-1984."
(c) Resolution No. 6112: "A Resolution of the City Council of the
City of Cupe~tino Establishing an Approp.iation Limit for
Fiscel Year 1983-84."
Public hearing It was moved by Cocnc. Sparks, seconded by Counc. Plungy and passed
closed unanimously to close the public hearing.
Res. No. 6110
adopted
Res. No. 6111
adopted
Res. No. 6112
adopted
.
Public hearing
closed
Condition
of 3-U-82
deleted
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(Rev)
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It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 6110.
It was moved by Counc. Sparks, seconded by Coune. Johnson and passed
unanimously .0 adopt Resolution No. 6111.
It was moved by Coun~. Sparks, secondpd by Counc. Plungy and passed
unanimoulsy to adopt Resolution No. 61~2.
18. Michael and valerie McElroy: Use Permit (3-U-82 - Revised)
requesting c"tension of " use permit to permit beer and wine sales
~ith1n an existing service station. The subject property is located
on the southeast corner of Stevens Creek Boulevard and Foothill
Boulevard.
Director of Planning and Development Sisk reviewed the use permit with
the City Council.
Rachel Craven, 7589 Erin Way, spoke against the extension of the use
permit. However, should the permit be extended. she suggested placing
a tax on beer and wine sold in gas stations to help discourage sales.
City Attorney Kilian info~ed Council that local ageneies cannot tax
beer and wine sales without a change in State Law.
Valerie McElroy, service station owner. stated that there had been
no incidents at the station related to the sale of beer and wine.
It was moved by Counc. Sparks, seconded by Counc. Johnson and p dsed
unanimously to close the public hearing.
It was moved by Counc. Johnson, seconded by Counc. Sparks and pass~d
unanimously to delete Condition No. ZZ of Application 3-U-8Z Revised.
FLANNING APPLICATIO~S
19. Applications 16-U-83 and 5-TM-83 of D.C.E., Inc. (Richard Childress):
Use Permi. to construct five detached sin~le-family homes, Tentattve
Subdivision Map to subdivide approximately one acre into five
parcels ranging in size from 7,000 sq. ft. to 8,000 sq. ft. and
Environmental Review: The projp.ct was previously assessed, hence.
no action is requi"ed. The subject property is located on the north
side of Almaden Avenue approximately 100 ft. west of Orange Avenue
in a P (Planneð Development with single-family residential intent)
zoning district. Pecommended for approval.
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MINUTES OF THE JURE 20, 1983 CITY COUNCIL MEETING
It was IIOved by Counc. Sparks, seconded by Coun". Rogers and passed
unanlmo-.Jsly to app1:ove Application 16-U-83 per Planning Co_isdon Ruo-
lution No. 2402.
It was moved by Counc. Sparks, seconded by Counc. Johnson and psased
unanimously to approve Applic&tion 5-TK-83 per Planning Co.aiaaion Reso-
lution No. 2403.
ARCHITECTURAL AND SITE APPROVAL COMMI'lTEE APPLICATIONS
20. None
UNFINISHED BUSINESS
21. Letter outlining City's interest in acquisition of school proper-
ties as provided for under State statutes and adoption of resoluti
After discussion regarding the Naylor Bill, Mayor Gatto suggested that
this item be discussed in a closed session at the end of the regular
meeting.
NEW BUSINESS
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22. Report on bid opening for Byrne Avenue Closure, Project 82-22, and
award of contract.
It was moved by Counc. Plungy, seconded by Counc. Johnson and psssed
unanimously to award the contract for Byrne Avenue Closure. Project 82-
22, to Zipse Paving for their low bid of $43,336.50.
23. Report on bid opening for Annual Overlay, Project 83-52, and awsrd
of contract.
It was moved by Counc. Sparks, seconded by Counc. Johnson and paF.sed
unanimously to sward the contraet for Annual Overlay, Project 83-52,
to Watt is Construction, for their low bid of $231,447.58.
A notice will be put in the Cupertino Scene that homeowners will not be
billed for the annual overlay.
24. Report on bid opening for McClellan Ranch Barn Remodeling, Project
80-04, and award of contract.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to reject the bid received for the McClellan Ranch Barn
Remodel. Project 80-04. The project will be readvertised with a down
scope of work.
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25. Request for $31,135 appropriation for California Energy Commission
fuel efficient traffic signal Qansgement program. Amount will be
reimbursed upon completion of rroject.
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CC-613
Page 5
16-U-83
approved
5-TM-83
approved
Contract to
Zipse Paving
Contract to
I Wattis
Bid rejected
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Appropriation
for En,ergy
Commission
grant
Drive through
facÜities
referred t.o
wning Com.
Camarda
fruit stand
Bidding for
slide removal
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MINUTES OF THE JUNE 20, 198~ CITY COUNCIL MEETING
It was moved by Counc. Sparks, Ðeconded by COUltc. Rogers aDd passed
unanimously to appropriate $31,135 from the General rund to .. uaed for
the California Energy COlllllission grant. 'r.tis amount will be re:lJlburaed
upon completion of the project. This is for Fiscal Year 1913-84.
2~. Consideration of a request for a Genersl Plan Amend...c regarding
drive-up service f~cilities.
Linda Callan of Berliner, Cohen and Biagini, 99 Almaden Boal..ard, San
Jose addressed Council regarding the City's ordinance perta1D1ng to drive
through windows. She stated that the City's ordinance is prohibitive
and a disservice to the handicapped and others who lack the ability to
readily use walkup facilities. She said that studies avaiLable show
drive throu~ls do not violate air quality standards. She requested
that Council amend the General Plan to permit drive through facilities
~nd maintain ~ontrol of traffic, architeeture, landscaping. etc. as
sUJgested in her letter. She submitted four letters froa aaencies
deaiing with physically limited persons in support of driye through
facilities.
It was moved by Counc. Srs-~s, seconded by Counc. Plungy aad passed
unanimously to refer thi~ ro the Planning Commission to be discussed
at their meeting of June 22, 1983.
L7. Request from Joseph Camarda for a temporary fruit staad located
at the southeast quadrant of Stevens Creek Boulevard aDd S. De
ADzs Boulevard.
It was moved by Counc. Rogers, seconded by Counc. Sparks aad passed
unanimously to approve a temf~rary fruit stand for the ~oraer of Stevens
Creek Boulevard and S. De Anza Boulevard for a period not to exceed
30 days beginning around July 1, 1983.
28. Request for authorization to go through informal bidding procedure
for slide removal.
It was moved by Counc. Johnson, seconded by Coune. Plungy and passed
unanimously to authorize waiving of the formal bidding requirements
regarding slide removal and to authorize staff to pror.eed with informal
bids.
~~lTTEN COMMUNICATIONS
29. None
ORDINANCES
30.
"An Ordinanc.. "í the City
of the Cupe~~ino Municipal
Second reading of Ordinance ~o. 12'1.5:
of Cupertino Amending Section 2.12.020
Code Relating to ResolutJons."
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!\lNL'TES OF THE JUNE 20, 1983 CITY COUNCIL MEETING
It ..as moved by Counc. Plungy, seconded by Counc. Rogers and pass"d
unanimously to read Ordinance No. 1225 by title only and the City
Clerk's reading t~ constitute the second reading thereof.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 1¿25.
31. Second reading of (t<:dinance No. 1226: "An Ordinance of the City
of Cupertino Amending Section 11.20.020 of the Cupertino
Municipal Code Relating to Vehicular Stop Required at Cupertino
Road and lli11crest Road."
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1'1.l6 by title only and the City
Clerk's reading to constitute the second reading thereof.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimoulsy to enact Ordinance No. 1226.
RESOLUTlONS
32. None
NON-AGENDA BUSINESS
33. Recognition by Mayor of special requests.
(a) Gen2ral ~Idience - None.
(b) City Council - None
CLOSED SESSION to discuss personnel matters.
Î
CC-613
Paste 7
Se~ond reading
of Ord. lU5
Ord. lU5
enacted
Sec"nd reading
of Ord. 1226
Ord. lU6
enacted
At 8:12 p.m., Council adjourned to closed session to discuss personnel Closed session
matters.
At 10:00 p.m., the meeting was reconvened in open session in Council
Chamber with all Councilmembers, City Manager Quinlan, City Clerk
Cornelius, Director of Public Works Viskovich, Director of Planning
and Development Sisk, Director of Parks and Recreation Dowling and
City Attorney Kilian present.
Mayor Gatto announced that personnel matters and a matter of potential
litigation were discussed in closed session.
It was moved by Counc. Johnson, seconded by Counc. Rogers and passed
unanimously to direct staff to proceed with personnel matters as
per their authorization.
Resolution No. 6116: "A Resolution of the City Council of the
City of Cupertino Adopting Plan for Purchase of Surplus School
Property for Park Purposes and Making Necessary Findings with
Respec.t Thereto."
Per<:ìionnel
matters
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.l~
Purcha.se of
surpl¡¡s
school sites
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MINUTES OF THE JUNE 20, 1983 CITY COUIfCIL MEETING
It was moved by Counc. IIogers, seconded by Counc. JohnsoD and passed
unanimously to adopt lIesolution No. 6116 per Exhibit A and B1 (L-ahapad).
The City Manager was directed to ~oaauo1cate vita the School District
expressing the City'. interest in acquisition. 7.9:1 seres at the
Jollyman School site and 3.8:1 acres at the ØØovar School sit. will
be purchased under the Naylor Bill. The balance of the Hoover site
that Couneil is interested in purchasing will be acquired at fair
....rket value.
The meeting was adjourned at 10:05 p.m.
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Ci£ Clerk