CC 09-06-83
-,-
CC-620
p~
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SC Valley
Water Dist.
October
meetings
Legislative
Review
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CC-620
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CITY OF CUPERTI~O, STATF OF CA~IFORNIA
10300 Torre Avenue, Cupertino, CA 95014
~elephone: (408) 252-4505
(-:INUTES OF THE RECULAR MEET1NG OF THE CITY COU¡¡CIL
HEI:.D ON SEPTEMBER 6, 1983 Ii' THE COU:jCIL CHAI'IBER,
CITY HALL, CUPERTINO, CALIFORNIA
SAL/iTE TO THE FLAG
ROLL CALL
Counc. Present:
Gatto, Johnson, Rogers, Sparks, Mayor Plungy
Staff Present:
City ~anager Quinlan
City Çlerk Cornelius
~irector of Public Works viskovich
Director of Planning and Development Sisk
Director of Finance Snyder (left at 7:40 p.m.)
Director of Parks and Recreation Dowling
:ity Attorney Kilian
S'~AFF RI.:PORTS
1. Oral reports by staff members and submission of written
reports.
Cit
~<l:ltù "':lcJra Valley ~,,)t~r Jistrict ';rdns:~ittal It WcJ..3
moved by Counc. Gatto, seconded by Counc. Sparks and pa3sed
unanimously to appoint Counc. Johnson witn Director of
Public Works Viskovich anå Director of Planning and
ùevelop~ent Sisk as alternates to the Flocd Control Zone
^dvisOlY Committee for the term ending October 1, 1984.
Cit :lerk's Re' ort
,~<: t ç.:;c-r
October
~e'Jular
...:iti ::{Juncil ~e~ir.'Js-
31. 1983 as the Council
meeting of :ctober 3.
'.i ...:Jr'..;·..;fì:..>....;O I "':c":~;cll ;:,.~t
meeting date to replace the
CC-".CIL !:LPC:~-:'5
COùf,C. :':'.;hn.s:;r:.: L¿:jislativ¿ ;~(;'liew' .:..:c,T......,ittce It :,..;a.~~
,~.OV€...: :-:.'} ':':ounc. Jù:-anson, secondeù üy ....c~n~. Ci.I t to and
..~'')~:;2G t;:1<3ni:':lc....sl1i ~o take t:--:2 fello·,·d'nJ acticns r'2Jar~:in'J
~2nGinj 12~isl~tion:
-:·'r,·"~" ., '__......:,'"":..~~<:.-~_
.
.
. ì1HH1T£S or THE SEPTEMBER 6, 1983 CITY COUNCIL NEETING
"~.~.
. . ;~',~JtJr ,(:''':~'
cc.-620
~... 1
co¡mCI!. REPORTS (continued)
.
Support All 504 (Vasconcellos), State l1andated Cost
Reimbursement; support A3 99B (I~. Waters, Frazee), Statute
of Limi tations on General Plan Attacks; sUà'port AB 663
(Moore) , Aboli tion of Fees for Protest hearings of
Alcoholic Beverage Control Department License Decisions.
COUSEI;T CALlJ,AR
It was moved by Counc. Sparks, seconded by Counc. Johnson
and passed unanimously to approve the Consent Cölendar as
submitted.
7. Resolution No. 615U: "A Resolution of the City cou~cil
of the Ci ty of Cupert.: '0 Allowing Certain Claims and
:Jemands Payable in ;:lle Amounts and from the Funds ('~
Hereinafter Gescribed for General and Miscellaneous
Lxpenditures for the Period Ending August 19, 19B3."
.
a. Resolution No. 6153: "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 Salari~s and wages for the
Payroll Period Ending July 26, 19B3."
S. Resolution ! o. 615?: "¡.. Resolution of the City Council
of the City of Cupertino Allowing Certain Clai:ns ana
Demands Payable in the Amounts and from the 2unds as
Hereinafter Described for Salaries and wages for the
Payroll Period Lnding August 23, 1983."
10. Resolution ~;o. 6158: "A Resolution of the City Council
ol the City of Cupertino Authorizing Execution of
A9ree~ent with George s. ~olte and Associates Providing
for t:ng i neer i ng Serv ices for the :\i tigation of Flood ing
Problem at Elm Court."
11. Re.olution ~o. 6159: "A Resolution of the City Council
of the City of Cupertino Authorizing Execution of
.\')ree<r.ent with H:'IH, Incorporated pr~viàing for Civil
!:.n;¡ineering Services for ;;epair :;:¡f Regnart FeaJ .JnG
.Jt¿v~ns Canyon Road."
:2. ~e~clutiono. 6161: "~3esolution of the Cit¡ :oun~il
o~ the:ity of CU2ertino ,\p;>roving Contr¿¡ct ,::r.ac....;E'
':r~~r ..0. 1 fer 2<)ve~ent F¿storatio:1, Project é:j-21."
1.2. .·k;,.Õoluti~:ì ..0. Úlô;¿: ":".. Fe:;olution of tr-.e City ":':.uncil
(,[ t:..1E; 2J.ty.:f 2u~t=rtitì~ "I.P?rcvin:") :or.:ra~t :::dr¡Jc
:rJ2c :.0. for ..o~t, ~istd ~ark 3treet I:c~rGv~~:ent5
¡' :: 0 j 2:..: t 7 ~ - 5 j . "
-
1·1. .,...:...;~)lut_çr. .c. ~·~t.~: n. ?e..:;·.:.lutic~¡ Gf t~:·~ -:ltl :c;';:1cil
cf :....Ie :ltj cf ::u,~crtino ,.;;~rov~:l'j ,'3rcel '.)~ J:::
~.<-r~·J2_¡.ent ~,;l(·;:-."; of ::r_'_",ertj :....oc,)t.e,,: ~:1 ·,1-::0lòr
Consent Cale.
clar approved
CC-620
Page 3
·
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~I~UTES OF rHE SEPrEM8ER 6, 1983 CITY COUNCIL MEETINC
CONSENT CALENDAR (continued)
14. (continued)
Avenue; Developer, Terry 8rown; Authorizing
Improvement Agr....Dt; Authoriznig Signing
and Improvement Plans.-
Execution of
of Patcel Map
15. Acceptance of City project performed under contract:
Monta Vista Park project 79-53 The HaU-Way
Contracting Co., Inc. (NO 9upporting documents
required. )
16. Application HC-51,392.4 Design Professionals, Inc.
(Fou~ Phase Systems, Inc.) Architectural and Site
Approval for addition of a trash-compactor enclosure
and related iaprovesr.ents to Building 4 of the
Four-Phase Systems complex, located at the southeost
quadrant of North De Anza Boulevard and Interstate
Route 280. Recommended for approval.
17. Minutes of the regular Council meeting of August 1,
1983. (CC-617)
l8.:inutes of the regular council meeting
1983. (CC-6l9)
of Al'gust
15,
"'ate
;;ei1\bers of the City Ccuncil
,.":1.': :
:JOi:.S:
A3Sí:.::T:
"',57AI:,:
Cattc, Johnson, Fogers, S2arks Plungy
¡lone
:ione
~one
¡ ;';:;:'1.5 RE!¡Cn;D FRœ: COIIS£:JT CAL¡;¡iDAR
19. ~~one.
CR.\t. CO..::1L::4rCATIO!~S
20. Presentation of distinguished cItizen award to ~avid
:heurer.
.:aycr rl~nsY ~resented .)avi¿ :h~~rer wit~ a Si~tingci3~c::
~.tizen Award and a prcclaT.ation.
21. 2r')cl¿;.~..1ticn d.eclaring ::;epter.".ber,
::e:nbershi;> ~~onth in CUt'crtino.
If)93
:15
..... r' ~
, ..
~~e :ity :lerk was directc~ ~c 5end the prc:ax~tion to the
a:¿ropriate ?arty.
¿2. .rGcl~~3tion ¿ecJarl::S
:J;1 In CUfertl~~.
.'¿ ;;'---2::-:L r
11,
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~.~¿: ..':ity C¡er~ ...',)5 ~irectf2"'; __.. S(;r.J the ~roc~å.~utlÇ,r: t.o the
a2~ropriat~ ?artj.
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:UNUTES Of THI SEPT!HBER 6, 1!:S3 CITY COUNCr" /'lEtTING
ORAL CO:iMUUICATIONS (continued)
þ
23. proclamation declaring September 30 to October 15, 1983
as ·El Callino Opera Days· in Cupertino.
Director Steve alIa accepted the proclamation.
24. Members of the audience regarding matters not on the
. agenda.
Residents of Alves Drive rresented Council
of flowers for Council's action regarding a
placed on Alves Drive.
with a bouquet
diverter being
.:r. ~al1ce :1ierfit of Carl Swenson Co. requested
clarification of conditions of approval 18 and 28 for the
Jenaka applicaticn. He informed Council that the purchase
of trips had not been possible.
It ~as moved ts Counc. Sparks and seconded
John30n to refer the matter to the Planning
:he motion anw second were withdrawn.
by Counc.
Co:nmission.
.
It was moved by Counc. Sparks, seconded by Counc. Johnson
alld passed unanimously that the Citr Attorney examine the
General Plan public hearing dialogue and present Council
with his opinion as to whether or not a General Plan
~~end~ent is necessary for the development to take place.
The opinion is to be presented at the meeting of September
19, 1983.
Uenaka
application
(Friar to public hearings a Closed Session will be held to
discuss a matter of possible litigation.)
,~t 7: ~O p..tt., the :neeting was adjourned to a Closed
Se.;:jsion.
(CIty Clerk's ~ote:
7:40 t>.;n.)
Director of ~inance Snyder left dt
~t ¿:27 t>.m., the meeting was reconvaned in GJen session.
.ne sums people were present with t~e exception of Director
0f . ln1r1Ce 30iJer.
.I;~d. L:: ::_!.HI.;GS
25. ~·C:.31~er3tlcn cf report "nc.: .lsse3s,,.,,,nt list cí
~j~t2~ent cf WE~à5 Jerlarcè a ?~tlic nuisðnce.
.
\3) :-~esolt;tion ..0. úlG2: II· ~,e30111tìc:1 (;;f trlc Cit'j
Council of the ':it¡ cf '::,,>,ertino provi<èi"S für
Lien ~5seS5~ent5 d~j í~r ~he ~ollectin of Ja~e
~e5ultlng ~rc~ the ^bate~~r~ a~ iu~lic .ui.;~:1ces.11
~--''''7''''''~''~r
CC-610
Page 5
·
Public
hearing
closed.
Res. 6163
adopted
·
Public
hearing
closed
Res. 6155
adopted
Res. 6156
adopted
·
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MINUTES Of THE SEPTEMBER 6, 1983 CITY COONCIL MEETING
PUBLIC HEARINGS (continued)
25. (continued)
G~orge Overby, Santa Clara County Building Official was
available to answer any questions of Council.
It was moved by Counc. Sparks, seconded by Counc. Johnson
,an~ passed unani~ou£\y to close the public hearing.
It was moved by C~vnc. Johnson, seconded by Counc. Rogers
and passed unani~ously to adopt Resolution No. 6i63.
26. Consideration of cancellation of Land Conservation
Contracts for area known as "Seven Springs Ranch."
(a) Resolution ¡;o. 6155: "A ¡;esolution of the City
Council of the City of Cupertino Making Certain
Findings Required by the California r.nvironmental
~uality Act in Connection with the Cancellation of
a ¡.¡illiamson Act Contract Relating to Real
Property and Cer~ifying Review and Consideration
of the Environ~ental Impact Report Thereof."
(b) Resolution :;0. 6156: "1\ Resolution of the City
Council of the City of Cupertino Certifying to the
County Audltor of Santa Clara County the Amount of
Cancellation Fees to be Paid ~?on Cancellation of
Land Conservation Contracts, Civing Tentative
r,?prova! to Such Cancellatiom" prescribin:¡
Conditions Upon Which 7his Resolution will be
Lffective, ¡)irecting the Clerk to Record a
Certificate Relating to Such Cancellation Fees
~hen Reso!ution is Effective, Requiring Payment in
:.111 of Cancell.:;tion Fees Prior to the
Cancellations ~ecoming Effective, and prescribir.g
Ct~êr Conditions in Conr.ection Therewith."
Jirect~r vf Planning and JeveloF~ent Sisk 2resented Council
wit~ background information.
It ~as ~oved by :ounc. ~atto, 3cccnje¿ by Co~~c. S~arks and
;a3se~ unari.rcusl~ to clo£E the 2ublic ~earing.
it ~as ~Gved Dj :~u~c. ~~3rks, sLcondeJ jy Cc~~c. CdttG -~j
?as..;eü ur.anl_~olJsly to j~ct:t ¡;;.e:;;clutic:n :.0. :)155.
It :,.,--,s:'.ovl=-,~:)1 :ot.:.:'":c. ~t'.J[ks, seccnd.::C: '::Jy :ounc. .;;J:-t.;;.:-;on
and :'J':;s¿:: '-..:n')!ìl.~:::n~sl.l' tG -"::G;::t FËsclu':io~ ';c,. CIS').
¿7. :c~~iJcr~tl=n
,t 2U:;2 Llnè'j
(,f ..:ìc~>.:'r or i.::>t t~1': -t-ructure locat.t.::.:
Lnne ccn~ti':utes ~ ~c~lic nuis~,~c(·.
{ _: } . L J _ 1 ...; :.. 1 : i¡ . C. .~ ~ "',:": : " . ;- e j ('-1 ''; t i ~. ¡: :.-, f l :1,2 :: i t i
~~~.~t~c~l üf ~:--'t.' :':t¡ :::>f ':".:~)~~rtir,0 C'r,-~cri;ìCj
;·:';.)~L:. ~_:1t r;~ "-,H,ll:.':' .L:ls<..n2o;,;-: ~·0;...::.;i5tidJ ~)f the
: _ì(lJl.'!·¿~: uil(~lr:: c1: ..~:-\'j:': Li:1'-:i ..:!"'02."
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H1NU1£S Of 'J'HE SEPTEMBÈR 6, 1983 Cr'I"l~IICI£ f1EE1JNG
,
.
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1,.. 6
PüDLIC HEARINGS (continued)
27. (continued)
~irector of Planning and Development Sisk presented council
with background information.
T~e City Clerk swore in all those plannin1 to testify.
:¡r. Sisk presented Council with slides of the structure
under discussion.
Charles R. Younger, 21862 Lindy Lane, informed Council that
¡eledynp Engineering of Hayward is presertly analyzing the
area. He stated that this particular lot was the only
practical method of access for making repairs to the hill
and that nt least part of the garage would have to be
re:noved. lie stated that a report should be completed by
the middle of next week.
,~r. Lawrence Epstein, 11486 Lindy Place, located above the
~lide area, stated that one of the concerns of residents
was that their property values had already been decreased
e~ormously. He felt that this should be considered when
Council is making its decision. He stated that there haà
been several meetinqs held with Director of Public Works
~iskovich and others to work for a solution. However. it
a?peared that few people were willing to do so.
Stuart ~adas, lli7 Campbell Avenue, San Jose, stated that
each lot has protlems that are very different. He felt
that everyone getting together and agreeing was almost an
ixpcssible task. He stated that a retaining wall was going
in above this particular site on the properties owned by
:r. Epstein and ~r. Kasik. Two meetings have been held of
drea residents, ')ut little progress has been 'Tlade. :Ie
stated that he ~3S in agreement with Teledyne and t~at
access to the Ja~es property must ~e avilable for heavy
e(¡u ip,T,ent. He rec¡uested tha t Counc i 1 do SOOTJethi ng tha t
"ould not be dn cjesore. He felt tnat the solution was not
just a matter )f ~utting a fence around the proferti.
~ltl ~ttorney ~ilian asked if the residents hould dign a
relLa.~c tJ ùlla·...' the City to 'jC in ùnJ de t:'jr.Cj~ fer
..1:Jate:-r:cr,t. ..r. /.:¡jùs state:] th..Jt ['102 i $ not a f10;-:-,cc;.;ner in
t:)~ ."ICeil ..1o:i l~ns¿r. He ¡:¡l:;c statc,ej that he jCt'2J t.hút
2rúcr.).stir.:..tìcn on ~ll s1Je.J ,.auld r.:::t l'\?:;ult in further
::.; '.'. ~;:..; €' .
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~t~·rn¿J illJr. as:~(:J once .r,::,r~ If resl.:¿nts ,.~'o:...ìl~
[¿l~~se ~,ricr to the ~itYJoinJ cn ~riv~:~ ~[o~erty.
. r. .l...;.J.S .st¿.tt?l..~ t.:-tJt he ...:iJ r.:.t ~,,[1:)w' if t:-~c
',...~;[( . i 111n-) t~ lr:LOex,;.i fy t~;c :i t]' ,"1:;~2,j j:-
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cc-610
Page 7
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~~lUU'l'£S OF '1'"~ StÞ'rEl~9tR 6, HI!3 ~1'l'Y COUNCIL }\tETH1C
P~ULIC HEARINGS (continued)
27. (continued)
Upon being asked the proce.., the City Attorney stated that
the property owner haa the fint opportunity to abate a
nuisance. If it could be proved to the court that it was
beyond the owner's ability to do so, tbe City could get a
court order. Because of possible future damage casued by
rain, the courts would probably give some consideration in
placing the matter on the calendar, but it would not be in
time to avoid the start of the rain.
;lartin Kasik, 11496 Lindy Place, informed the Council that
he would not be willing to sign a waiver of liability. He
stated that the Epsteins and the Kasiks are being sued by
the Jameses and the Cunninghams. He stated that he thought
the Jameses had fenced the property; however, the fence had
been taken down. He informed Council that the house has
become a tour site. Young people come down the ~ountain
and look at the house. Te~bnical analyses all state that
it is a grave situation and that something needs to be
done. He recommendeù that Council approve the tearing down
of the house and other items as listed on ~xhibit ~ of the
staff resolution.
4IÞ City Clerk Cornelius swore in Mr. James.
John E. James, 218~2 Lindy Lane, property owner, stated
that his attorney was out of the country at this time. He
informed Council that the present fence around the house is.
not a good one. He stated that he has filed suit but it is
~oving slowly. In regard to estimates to repair the hill,
he has received estimates that are hundreds of thousands of
dollars. He also stated that insurance com¡:>anies are
involved. He does not know when any action will occur. He
also stated he would not be willing to sign a release for
the City. He felt the construction of a fence would be a
economical answer. He asked who is going to fix the hill
and from where it would start. :Ie stated that the .)rea is
an eyesore a~d asked who would be willing to ~uilG on that
lot "'Jain. lie asked if it were a lost lot an(: cOl:ld he
::,uild "'Jain. tIe stùted that soils er.'Jineering r.',crt:; ...ill
cost tens of thcusanJs of dollars.
Public
hearing
closed
Res. 6160
adopted
.
It ~ùs x.vveù by Counc. ~0gers, seco~ded hy ~0~~C. ~J~~~ 3nd
~¿sseè unanix.ously to close the 2ublic hearin~.
It was mov~d by :Qunc. Rogers, secondE~ by Counc. G_J~to ð~d
passed unanionousll' tc ado?t Re~-,olution ',L. r)1'~,"~ ....ith
Exhibit t. amended to read that an eight fcot "j,~,; "cli,¡
'",oed :ence will be constructe.:ì. arOt~n(} the 1CU_;:2, :.: 'I:":'Jè'r
si'-jns 'Will be post~è and the 'louse 'hili. ~1e :-:-:ar }._ ~ .",C t~}t
there is no c.;;ceS3 to tr.e interiar. ":'j1i:; ,ic~iür-. l~~ :-'.:t: to
preclude the o\.¡r.er frc~ re:l1cvin-] the .:;tr¡;ct'.ure if IE t.)kc~
~dcqu.)tt..' safeguùrds. ¡he prc?erty C·...T.t2(S .J[1,_ ¡~.:;,J".J:;(:0
c0mpanies involv~ü òre t~ be notifi~d.
·
MIMUTBS OP THB SBPTEMBBR 6, 1983 CITY COUNCIL MBBTIIG
PUBLIC HEARINGS (continued)
27. (continued)
City Attorn.y Kilian a.ked Mr. J.... if h. waived tb. tim.
peciod re<jarding notic.. Mr. JUle. stated that h. did.
28. Application 6-1-83 of T.ny Brown Con.truction
CCMlpanYI Rezoning approximately two gross acr.. frOlll
Rl-IO (R.sid.ntial Single-f..ily, 10,000 .q. ft.
.ini.. lot .iz. zone to P (Planned Develos-ent with
.e.idential Single-family int.nt) zon. and
Bnv!zolllHntal ..view: Th. Planning Cœ.i..ion
rec__nds the granting of a Negative Declaration. 'I'b.
subject property is located on the .ast side of Ca~n
Road, south.rly of St.vens Creek Boulevard behInd tb.
existing hOlae. which hont Caraen Road. Reco.ønded
for approval. (This application to be heard in
conjunction with Application. 20-U-83 and 9-TM-83.)
·
(a) Pirst reading of Ordinance No. 1236: -An
Ordinance of the City of Cupertino Mending
Section 1 of Ordinance No. 2 by Rezoning
Approximately '!'wo Gross Acres from Rl-IO Zone to P
Zone; Located on the East Side of Carmen aoad,
Southerly of Stevens Creek Boulevard B.bind tbe
Existing HOIII.s Which Pront Carmen Road.-
PLANNING APPLICATIONS
30. Application 20-U-83 and 9-TM-83 of Tezzy Brown
Construction Co.apany: Use Permit to constl:uct seven
.ingle-f..ily bOlll.s; Tentativ. Subdivisoin P1ap to
subdivide the site into eight parc.ls and Environmental
R.view: Th. Planning COIIIDis.ion recolIIIDends the
granting of a Ne<jative Declaration. The subejct
property is located on the east side of Carmen Road,
south.rly of St.v.ns Creek Boulevard behind tbe
exi.ting hOllIes which front Carmen Road. RecoœDended
for approval. (These applications to be heard in
conjuction with Application 6-Z-83.)
Director of Planning and Development Sisk reviewed his
report with Council.
·
Terry Brown, applicant, addressed Council regarding
Condition No. 18 on the tentative P1ap and Condition No. 21
on the use permit. He requested that the requirell\ent be
removed and that for equity's aake, he should be
compensated in some way if he la required to provide an
access to parcel no. 7 which is not part of his
subdivision.
Discussion followed regarding the possibility of only
dedication at this time and the requirement of an agreelllent
b.ing signed for reciprocal ingress/egress as well as joint
..aiat.naace.
'.
cc-620
Page 9
.
Public
burial
closed
l.pUve
Dec. for
6-Z-83
6-Z-83
approved
Ord. 1236
first
reading
Ne¡¡.tive
Dec.
for 20-\í-
and 9-TH-
83,
2o-U-83
and 9-TH-
83.
Public
hearing
continued
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. ¡mUJ!U 01' ~\lt ~tP'rEm1ER 6, 1983 CITY COUNCIL :tE&TlNG '!p~
¡;>i!BLlC HEi'oRU;GS (continued)
30. (continued)
It ".s ",ov("-d by Counc. Sparks, I;econded by Counc. Roge!:.
and passed unanimously to close th~ public hearing.
It ".. :aoved by ::ounc. Sparks, seconded by Counc. Gatto and
passed un~nimously to approve the granting of a Negative
De~laration for Application 6-Z-83.
It was .oved by Counc. Gatto, seconded by Counc. Sparks and
passed unanimously to approve Application 6-Z-83 per
Pla'lning Co:rmission Resolution No. 2424.
It was 20ved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously to read Ordinance :¡o. 1236 by title only
and the City ClerK's reading constitute the first reading
thereof.
It was moved uy Counc. Gatto, seconded by Counc. Sparks and
passed unani:nously to grant a ~¡egative Declaration for
:_¡:;plications 20-[;-83 alld 9-T;1-83.
It ~as 20ved by Counc. Gatto, seconded by Counc. Sparks and
passed unani~cusly to approve Applications 20-U-83 and
9-TM-83 per Planning Commission Resolutions 2425 and 2426.
PUBLIC HtARI~GS (continued)
29. City of Cupertino: Public Hearing to amend the Rl
(Ii.esidential Single-family) zoning district to allow
"second units" (two dwelling units) on a single family
lot and affiend provisions celated to building height and
setbacks. Environmental Review: 'lhe Flanning
Co.r.mission recommends the granting of a negative
~eclar~tian. Recommended for approval.
(3) <-irst reading of Ordinance 1;0. 1237: "An
Crdinance of the Ci ty of Cupertino !;epealing
Certain Ordinances Cutlined in Section 2 and
Lstablisning an Crdinance regulating Gesidential
Sin91~-_3mily (Rl) Zones."
";1 rE:':-::'r cf : l_..:-:iD,' 3n'] :';evelol~,.:',ent .3isk revie\;?d tho
;"¡1.:;tc:r1 of tl:1;; _1.:..:1icatior. .....-ith tbt.? C::;unci]. II;:: also
rcvi~~¿J c:1Jnj~3 fro~ the exi~ti~'j or~:inance.
It ",':':5 -CVL.... ;...,; :.:~unc. Gattv, secon..Jeü Ly ':ounc. HO'Jer.i and
"j..lS~o..;:": ...;nar.¡:-:_~li tc C'ç¡¡tii1u~ t~l¿ t,Ublic ~ì'~:1rinJ to t¡l€:
~'i2 ¡J t : :-.:; a f ~..: ~ ':. . -: L"::: l~', 1 9 Ö ) .
l·L\ ...:.:' :r¡:":~ .¡~~.;= (cor.ti:-'ÜL.¡)
~1. . _ : .~.)~ 1__ 22- -~..; cf Pi;,:1 "rJLì,--'r3~::r.~:truct.}(.;,n: L:se
rc::. t tr; ,-·,",~;....truct ·11.) ...i:t..I·;:h....'d re:;icenti0.1 J.oc:llin-J
:.;r.:-:.;.. ..J:~_. :',vircn:(:nt:~ll '.L'Vl..:\,¡: .~.e :)l:1~~:-.in'-.i
,-__=_:'.15':>1...,t; r..:....~:-:.:,r.(,:1~S t~c -jr:~Lti¡'J c[ d ·.e,j~1tive
. PLANNING APPLICATIONS (continued)
31. (continued)
þ
the
in P
and
acre
Declaration. The subject property is located on
northeast corner of Torre Avenue and Rodrig~es Avenue
(Planned Development with commercial, office
reaidential, maximum 30 dwelling uni ts per gr08.
intent) zoning district. Recommended for approval.
Director of Planning and Development Sisk reviewed the
application with Council.
It was moved by Counc. Rogers, seconded by Coune. Johnson
and passed unanimously to grant a uegative Declaration for
Application 23-U-83.
It was moved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously to approve Application 23-U-83 per
Planning Commission Resolution ~o. 2429.
ARCHITECTURI'.L A¡ID SITE APPROVA!. COJ1MITTEE APPLICATIONS
32. !Jone.
UNFINISHEU ~USICESS
33. Establishing membership of Cu~ertino's Solid
A~visory 30ard (SWAB).
Waste
.
City Clerk 20rnelius read the names of those who had been
appointed to the task force. Council set Wednesday,
September 21, 7:30 p.m., Cupertino Library Community Room
as the time and place for the group's first meeting.
Counc. Johnson will serve as temporary chai r. The Clerk
shall notify those appointed of the meeting as well as a
proposed tour of sites. People who have submitted their
names anJ addresses as interested parties will also ~e
notified.
lH:~___ BUS!ta:ss
34. Request for waiver of business license fee and standard
fee for banner installation from the ~e Anza Lions
Çlub.
I t was .~ovcd by :o~nc. í':oCjers, seconded by:ounc. :a t to
3nù f~~scd unanimously to approve waiver of ~usiness
lIcense fee for the ~e Anza Lions =lub. George ::ernandez,
i'resi'.:;ent of C~ ;,nza Liens, i!>(.iuir2d as to waiver of feE::;
for jcstall~tion of banner as t~is was a charitable group.
r. .:erndnd2z 'N¿}S infor:::eJ that the fire ...l(:r¿~[t.T¡ent has
lr.3tûlle~ the ~)anner for t:-l02 '~'curna::lent of ':i.lí1j.; at no
cb~r·;;L. :.r. ~;>ernanje;¿ st..1tej t!-:at the Lic.lì3 ·,;oL.:lù try
¿n0ti1er source [or inst~lla~¡Jí1.
.
It c.lS,TvVr-' .r~"."....c ....r··-'r- -co....1....,:\.....,.r._.,."~ ··~]-t~ 1\
,"' ~. ~'--' OJ1 ~v"".. . ..,....J~ ::-,.::0:": ..L.,çl. i..Jj ·_v...~J'-. _)',.. v ..:1 ,;
p':.L5,seJ ur..Jni.T,ou31j '::1.it .,:-;;-.0'",,1;,": the Je !'.:1Zd L.ÎC!i-S :lub use
.:':ltj Et~I[[ fer i:ìsti)ll.3ti:~-:. ;[ :~,l:ìner, t~E usual feE; s~,311
"'J':
Negative Dec.
for 23-U-83
23-U-83
approved
SoUd Waste
Advisory Board
Waiver of fees
for Lions
CC-620
Page \\
:mWTES OF THE SEPTEMBER 6, 1983 CITY COU~CIL MEETING
,~._,..",,-
";."';~:UIf/r;,,-J""'"
~'" :;, J
NEW BUSINESS (continued)
~ 34. (continued)
be charged; however, if the group can find another means of
installing the banner in a safe way approved by City staff,
no fee shall be charged.
35. Request for Council support to include Kirby Canyon
site as part of the County Solid Waste Management Plan.
It was moved by Counc. Gatto, seconded by Counc. Rogers and
passed unanimously to recommend that Kirby Canyon be
included as a possible site in the County's Solid ~Iaste
~Ianagement Plan.
Kirby
Canyon
Tournament
of Bands
.
Res. 6164
adopted
Social
Advocates
for Youth
C.ino
Sc
~rinting
contract
36. Request for
permi t fees
Bands.
waiver of business license and parade
for the annual Cupertino Tournament of
I t was moved
and passed
1 icense and
aands.
by Counc. Johnson, seconded by Counc. Gatto
unanimously to approve waiver of business
parade permit fees for the annual Tournament of
37. Selection of Parking Citation Vendor.
(a)
Resolution
Council of
Execution
Ci\:ðtions."
"A Resolution of the City
Cupertino Authorizing
with Datacom, Parking
No. 6164:
the City of
of Agreement
It was moved by Counc. Sparks, seconded by Counc. Rogers
and passed unanimously to adopt Resolution 110. 6164.
36. Request from Social
Vista Community Center
diversion program
Advocates for Youth to use :Ionta
classroo~ as office for truancy
~irector of Parks and Recreation uowling reviewed the
request ~ith Council and introduced Paul Schutz, ~ir~ctor
of Social Advocates for Youth who reviewed the sunnvyale
2ro~ram with Council.
It was ~oved ~y Counc. 32arks, seconded bj Counc. Gatto and
l~S$Ec¿ ur:anic.ously to authcrize use of ,:onta ',",ista
':oJ,mt,¡nit;¡ Center clùssroo::". as an office at n:::: ch,J.r~e ù,S
'~ll as use ~f surplus office equipment.
2S'. Eeport on hid o¡::enins for "rinting c,f Uk ::::u;>ertino
Sc~ne ar-ù award of contract.
It was ~ovej hi ~ounc. ~o~ers, seconde~ by Counc. :3ttC 311d
.,ú.3;ed unani:T.Ju.:.;l¡ t:: .Jw'ard C~)r.trdc.:t tc. :.1 hósL.:O Cra~Ji1lc
.=tudit: ¡)S th~ lO.,ic~t res,:.cõ":.:;ible bi':;(:1Er in th,,:; .:l:T¡ount cf
';'2.:';,775.
t,....:oåificatio;, ùf Council Chò1,èJer for cabl¿c..Jstìr,'J.
~.....~' '~,1"~"'..:..... ."-: .~ '':5"''7'';'rr-~''''''7~~~~','''''':' ~,!:,#ÿ'f ::.~;>~;.o-{.~~';'c,f"~; }.~;:.~~~..},:~~'",¡'"-:,~",~,:;:",,.;"'t:~~."'l,"'.""-'
mtlUTES OF THE SEPTEMBER 6, 1.983 CITY COUNCIL MEETINC
.
:;E;'; J¡;SIUESS (continued)
40. (continued)
It was moved by Counc. Rogers, seconded DY Counc. Gatto and
passed unanimously to appropriate $15,000 from the General
Fund for cab1ecasting equipment. Counc. directed staff to
continue negotiations with United Cable for additional
$15,000 'and to seek competent technical advice to ensure
consistently good audio and visual.
4J. Summons and complaint filed in Superior Court on behalf
of Henry Allen Page, a minor.
r:ounci1 received the summons and complaint.
42. Claim for damages filed in the Superior Court; Philip
Clarence Slavsky, plaintiff.
It was moved by Counc. Rogers, seconded by Counc. Johnson
and passed unanimously to reje~t the claim.
43. Claim for personal injuries filed on behalf of Ralph
Douglas Rupe.
It was moved by Counc. Rogers, seconded by Counc. Johnson
and passed unanimously to reject the claim.
.
44. Summons and complaint
Court by Southern Pacific
a!.
filed in San Francisco Superior
Transportation Company, et.
Council received the summons and complaint. It was moved
by Counc. Gatto, seconded by Counc. Johnson and passed
unani~ously to direct the City Attorney to request Santa
Clara County Counsel to represent Cupertino in this court
action.
45. Stevens Creek Quarry - Response to County application
to modify use permit.
It was moved by Counc. Gatto, seconded by Counc. Rogers and
,)ùs¡¡eJ unanimously to authorize a letter to go to the
Ccunti requesting an ~IR, stating that the suarry is a
clear ~nd present nuisance and re~uestng i~~ediate relief
re~ardin9 frequency, volume and ~ours of truck traffic and
other ~uality of life issues.
.
r. Jic, ',lu", 22247 :;anta Paula, stated that the: :çur,t¡
~l~nn¡c~ COffiæi~sion ~as ccntacte~ and t~~y will nct trj ts
~~'.Jt t~~ suarry do,,;~ ~ut will placa conditioIl.5 en t~¿ U3C
. .or;r,it. Ee urge':; Cçuneil to r"quest ¿¡ ::c::1,'lete "IF:. ;'e
¡¡tateJ thst the ~rchitcctural and 3ite ;J~roval Cc~xittee
:;t.jtt:-~ t.i..1t th¿i arE: tr~'inj tc cC:1t~cl the ~rucks t;'.ro~J;-'
their cùntr-1cts ,:it~ the ·¡u.1rry. ¡'e reql:.23tcC: t¡1.J~ tra';
.'!,....tt¿r.J G€L11t wit~: incl\..1de the- ;¡o~rs, the nOlse anJ C:lr
~Jollutic:-.. ;¡c i:'1[cr~£:~ ":o~rl:-il th~-¡t ~~.~ trL.:cks :..~t.JcÌ( ll,:")
...1_::ou:) ~aQc~ill ~ulc·'¡drl~.
Appropriation
for
c:ablecast1ng
S~s
received
Slavsky claim
rejected
Rupe claim
rejected
S~ns re-
cel·.led from
Southern
Pacific
Stevens Creek
Quarry
~1>',:-
'- .&
'1ft 11
.
Ordinance
re parlt1Da
on root-
hill
Second
reading of
W23S
Ord. 1235
enacted
--
ft~~ aUSINESS (continued)
45. (co:1tinued)
Dr. Paul Roberts, St. Andrews Avenue, stated that the
present road is nanow and inadequate tor the densi ty of
truck traffic. He suggested the control of the size of the
trucks. Dr. Roberts was informeèl the State controls size
of trucks on truck routes. Pro Roberts suggested that the
City consider restriccing parking.
It was moved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously t~ direct staff to prepare an ordinance
alleviating problems created by trucks parking along
<oothlll Boule~ard.
..RJ '¡'TEN COMllUUICATIONS
4 G. :~one
ORD I :¡ANCES
47. Second reading of Ordinance No. 1235: "An Ordinance of
the City of Cupertino Adding Chapter 9.16, Mosquito
Abate~ent, t~ the Cupertino Municipal Code."
It was mcve~ by Counc. Rogers, seconded oy Co~nc. Gatto and
passed unanimously to read Ordinance No. 12:'1S by title only
and the City Clerk's reading to constitute the second
reading thereof.
It was moved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously to enact Ordinance No. 1235.
RI:SOLGlIOi.S
"G. ~..one.
:;O:;-i\Gr:r;DA aUSgESS
4"
-' .
Recognition by :¡ayor of special requests.
(a) General Audience - :;one.
(b) :ity Council - ~one.
:....:J~ .j;".. L:.'f
~t 11:05 ~.~., tha ~eetin9 was ¿jjourneJ.
City
4ç,
L(J¡L:', <-<-7
.';'""'f~