CC 11-07-83
CC-6'16
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CITY OF CUPERTINO, STATE or CALIFORNIA
10300 Torre Avenue, Cupe~tino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING or T~B CITY COUHCIL
HELD ON NOVEMBBR 7, 1983 IN THB COUHCIL CHAMBBR,
CITY HALL, CUPERTINO, CALIFORNIA
6:15 p... - Legislative Review Committee - Conferenae R~.
Mayor Plungy called the meeting to order at 6:45 p... in
the =ouncil Cham~r, City Hall.
SALUTE TO THE FLAG
ROLL CALL
þ
Counc. Present:
Gatto, Johnson, Rogers, Spa~ks Mayor Plungy
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works viskovich
Director of Planning and Developaent 5isk
Director of Park. and Recreation Dowling
Assistant to the City Manager Brown
City Attorney Kilian
STAFF REPORTS
1. oral reports by staff members and submission of written
reports.
City Manager's Report
The report was received by Council.
City Clerk's Report
Library Commission Applicants - Counc. Rogers will meet Library Com.
with Susanne Chana as she will be unable to attend the
interviews on Nov~mber 22.
Appointment to HCD Committee - It was movea by Counc. HCD Com.
Rogers, seconded by Counc. Sparks and passed unanimously to
appoint Mrs. Sue Mirch-Kretschmann to the HCD Citizens
Advisory Committße.
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.Slative
Review
Consent
Calendar
approved
.
.
MIIIOt'U or 1HI NOVIPf8II 7, un cln COf1lCli/~!"',::'
CC-U6
COUIICIL REPORTS
Counc. Jobnson - Legislative Review Committee - AD 4 wa.
referred to staff for written comaeD~..
COISERT CALERDAR
It wa. moved by Counc. Sparks, secondeù by Counc. Rogers
an~ passed unanimously to approve tbe COD.ent Calendar ..
suœitted.
7. Resolution No. 62001 "A Resolution of tbe City CouDcil
of tbe City of Cupertino Approving Parcel Map and
Iaprov..ent Plans of Property Located on tbe Nortb Si4e
of Stevens Creek Boulevard Ea.t of Blaney Avenue,
Developer, If. Morocco, !'.lJthorizing Execution of
Iaprov...nt Ac}r....ntJ Äuthorizing Signing of Parcel
Hap and Improvement Plans."
8. Acceptance of municipal iaprov..ent., Water line
extension on Alcazar Avenue - Binnewag Development Co.,
Inc. - Pb..e I and Ph... ¡I.
9. Minute. of the regular City Council .eeting of OCtober
31, 1983 (CC-625).
Yill
AYES:
Members of the City Council
Gatto, Johnson, Rogers, Sparks, Plungy
NOES:
None
ABSENT:
None
ABSTAIN:
None
ITEMS REMOVED FROM CONSENT CALENDAR
10. None.
ORAL COMMUNICATIONS
II. Presentation thðnking host families of the Toyokawa
delegation.
Mayor Plungy presented resolution of appreciation to the
Beverly and Ellis families.
12. Proclamation declaring the month of November, 1983 as
"National Alzheimer's Disease Month" in Cupertino.
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MIR01'IS or '1'HI NOVEMBER 7, 1983 crn COGlCIL Mlltt_.
CC-626
þ
The City Clexk will mail the pxøclamation
appropriate party.
13. Report by Thomas W. Fryer, Jr. concernin9 the atatu. of
the roothill-D. Anza Com.unity College Di.trict with
particular reference to financial conditio~..
to
the
Dr. Pryer pre.ented Council with a booklet regarding the
Poothill-De Anza Co_unity College Diatrict. He Ætated
that financial problems are causing the lo.s of flexibility
of the college district to respond to the c~unity·.
needs.
u. Memb.rs of the audience rega~ding matt.r. not on the
agenda.
PUBLIC HEARINGS
þ
15. Consid.ration of vacation of a portion of pUblic
service, pUblic utility and sanitary .ewer .a....nt,
Blan.y Av.nue north of B.ekman Pl~ce.
(a) ..solution No. 6201: "A R.solution of the Ci~y
Council of the City of Cup.rtino Ordering Vacation
of a Portion of Public Service Eas_ent, Public
Utility Easemenl, and Sanitary S.w.r Easement;
Blaney Av.nue North of Beet.an Plac.; Pursuant to
S.ction so-no of the Government Cod. of the State
of Cal i fornia."
It was moved by Counc. Sparks, seconded by Counc. Johnson
and passed unanimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Johnson
and passed unanimously to adopt Resolution No. 6201.
PLANNNG APPLICATIONS
16. Application 26-U-83 of Andrew P. Jara (George Somps, et
al): Use Permit to construct an 18,000 sq. ft.,
two-story office buildinç on a rear parcel and
Environmental Review: The Plannng commission
recoDlDlecds the grahting of a Negalive Declaration. The
subject pxoperty ls located on the north sièe of
Stevens Creek Boulevard 200 ft. west of Blaney Avenue
in a P (Planned Development) zoning district
RecoDlDlended for denial.
Director of Planning and Development Sisk reviewed the
application with Council.
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Foothill-De
Ann COlD.
College Dist.
l'ubUc hearing
closed
Res. 6201
adopted
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Ml.U'fU OF 'fHI Novmmn '). 1"~ ~1!!
CC-626
Andr.w Jara. architect. 3640 Grand Av.nue. oaklanð.
an.w.red .everal qu..tion. regarding parking.
It was moved by Counc. Spark. and .econðed by Counc. QIItto
to deny Application 26-0-83 per Planning c~i..ioD
R..olution No. 2443. The motion .nd .econd were withdrawn.
Mr. Jara a.ked Council what would be acc.ptable. H. .t.ated
that he wa. willing to take the application back to the
Archit.ctural and Site Approval Co.aittee.
Council .xpr....d conc.rn regarding the architecture and
integration of the building with ..i.ting .tructur...
26-U-83 It was moved by Counc. Gatto, secon..ed by C~lJnc. John.on
continued and passed unanilllOualy to continue con.ider!'ldon of this
application the ref.r it to the Architectural and Sit.
Approval Committe..
.
Composi-
tion
of rental
committee
.
ORAL COMMUNICATIONS (continued)
11. (continued)
Hayor Plungy presented a resolution of appr.ciation to the
Harris family.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
17. None.
UNPINISHED BUSINESS
18. Consideration of co~position of a cOllllllittee to r.view
the rectal mark.t in the City of Cupertino.
Council discussed the proposed li.t for composition of the
conaittee submitted by Counc. Johnsc>n. It wa. sugg.sted
that the Hidpeninsula Housing organization be substituted
for Information and R.ferral.
Names suggested for the committee were Burt Avery. Robert
Wagner, Al Chappell, Iola Hendricsen and Sally Brennan.
Also recommended would be a representative from the
Citiz~ns Goals Committee and the Tri County Apartment
Association. A final list of appointments will be
submitted for the meeting of November 21.
Tentative first meeting of the committee will be wednesday,
November 30, 1983.
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IŒUl'!lS or "'1 10VIKB1i 7. 1983 CI'l't COUICIL KmIIG.
CC-626
þ
ORAL COMMUNICATIONS (continued)
Sheila Kuniyoshi, 22344 Carta Blanca, expressed tile opiaion
that the cOIIIIIittee as suggested was skewed and without
repre..ntaUon trOll lower incOIIe group.. She telt: that
there should be a more equitable zevi.. of rental. a~
stated that Cupertino is an elitist city. Ma. ltuniyoaÞ1
was inforaed tb.t there would be representation frn
tenants groups and ..nior citizens.
NEW BUSINESS
19. Notice of Motion - Bianchi vs. City of Cupertino, James
Sisko Information only.
Council received the report and was informed by the City
Attorney that any further information regrding this matter
would be transmitted by confidential memo.
20. Gill Cable TV declaration for deregulation.
The City Attorney requested that this be discussed in
closed session.
.
21. Request for appropriation for abatement of public
nuisances.
It was moved by Counc. Sparks, secon4ed by Counc. Rogers
and passed unanimously to appropriate $10,000 frOll the
appropriate fund to go toward the abat_ent of public
nuisances"
22. Consideration of establishing a prima facie speed limit
of 40 miles per hour on a portion of De Ahza Boulevard
and Saratoga-Sunnyvale Road.
(a) Ordinance No. 1243: "An Ordinance of the City of
Cupertino Amending Section 1l.12.0~0 of the
Cupertino Municipal Code to Establi:;;, the Prima
Facie Speed Limit of 40 Miles Per Hour on De Anza
Boulevard and Saratoga-Sunnyvale Road from
Prospect Road to a Point 700 ft. North of
Homestead Road."
It was moved by Counc. Rogers, seconded by Counc. Sparks
and passed unanimously to read Ordinance No. 1243 by title
only and the City Clerk's reading to constitute the first
reading thereof.
WRITTEN COMMUNICATIONS
.
23. None.
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Bianehi VB.
City
Abatement of
nuisances
Firs tread ing
of Ord. 1243
.
Seeond
reading of
Ord. 1242
Ord. 1242
enaeted
Second
reading of
Ord. 1241
.
Orél. 1241
enacted
.
INDUS OF fHE NOVEMBER 7, 1983 CIn COONCIL MlnllG,
C·62~
ORDINANCES
24. Second reading of Ordinance No. 1242: ·An Ordjnance of
the Ci ty of Capertino .ending section 1 of 01'dinance
No.2 by Rezoning Approxi_te1y 7.0 Acres, Containing
an Existing 123 Unit Aperblent co.plex, frClla 13 Zone to
P Zone; Located on the Soatheast corner of MiUelt
Avenae 3nd Ca1abazas Creek Approximately 1/4 Mile South
of Stevens Creek Boalevard (at 10200 Miller Avenae).-
It was joved by Coanc. Rogers, seconded by Counc. Johnson
and passed unanimously to read OrdinanceNo. 1242 by title
only and the City Clerk's reading to constitute the second
reading thereof.
It ~as moved by Counc. Gatto, seconded by Counc. Rogers and
passed unanimously to enact Ordinance No. 1242.
25. Second reading of Ordinance No. 1241: -An Ordinance of
the City of Capelttino Alaending Chapter 5.28 of the
Cupertino Municipal Code to Allow Background Checks of
Those Applying for 7axi Driver Per.its.-
It was moved by Coanc. Rogers, seconded by Counc. Gat~o and
passed unanimously to read Ordinance No. 1241 by title only
and the City Clerk's reading to constitute the second
reading thereof.
It was moved by Counc. Gatto, seconded by Counc. Rogers and
passed unanimously to enact Ordinance No. 1241.
RESOLUTIONS
26. None.
NON-AGENDA BUSINESS
27. Recognition by Mayor of special requests.
(a) General Audience.
Ann Anger, Monta Vista, informed Council that the box cars
in Monta Vista were not yet removed.
(b) Ci ty Council.
Mayor Plungy introduced a citizenship class that was
attending the meeting.
CLOSED SESSION regarding matters of potential litigation.
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MINOTES OJ!' "HE NOYBMBER 7, 1983 CI'IY COONCIL MBETIHG,
CC-6a6
At 8:15 p..., Council adjou~ned to clo8eð ....kon. At 9:20
p..., the Meting va. ~econv.ned in open ....ion. All
Council...be~. _~. p~e.ent a. _~. City Hanaqe~ Quinlan,
City Cl.~1E CO~neliu. and Dir.cto~ of Public Wo~lE.
V1alEovich.
It va. moved by Counc. Gatto, ..conded by Counc. aOCJe~. and
pa...d ananillOu.ly to p~OCeeð a. pe~ Council direction
~ega~ding acqairinq of su~plas school aites, to p~oc..s to
.ake ..ttl...nt with Hultisonic. ~eqa~ding the int.~conn.ct
syst_ and staff ~epo~t baclE to Council, that the City
Atto~n.y fUe notice with Gill Cable a. per the stat.
dereqalation law, and that the City Atto~ney revrite hi.
opinion pe~tainin9 to disposal sites .0 it can be iliad.
available to the general pUblic.
At 9:25 p..., the ..etinJ was adjoa~ned.
~ Cif~~ /;)'1 '
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Acquisition of
surplus school
sites, inter-
connect,
Gill Cable
deregulation,
dispoBal sites