CC 12-17-84
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,
CIrr or curmIlO, STATB or CALIPOUIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (1108) 252-4505
HINUTBS or T8B REGULAR MBETIIO or T8B CITY comrcIL
HBLD OR DBClMBER 17, 1984 II TBB COUJ!CIL CIUMBRI,
CITY HALL. CUPERTDlO, CALIPORRIA
CC-661
Mayor Johnson oalled the -tinS to order at 6.45 p... in
the Counoil Cbaaber, City Ball.
SALUTE TO T8B FLAG
ROLL CALL
Counc. Present:
Gatto, Plungy, Rogers, Sparks, Mayor JOhnSOD
St.rr Present:
City Manager Quinlan
City Clerk Cornelius
Direotor or Publio WOrks Viskovioh
Direotor or Planning and Development Sisk
Direotor or Finanoe Snyder
Direotor or Parks and Recreation Dowling
Planner I Binnendyk
City Attorney Kilian
Assistant to the City Manager Brown (7.35 p...)
Po:!TPONEMEHTS OR NEW AGEHDA ITEMS - Request It_ 27 be
reJaOved .
It vas IDOved by Couno. Rogers, seconded by Couno. Gatto and
passed unanimously to remove Items 27, 30 and 32 froa the
agenda,
STAFF REPORTS
1. Oral reports by starr _hers and submission or written
reports.
City Manager's Repart
Government Acoess Channel - By consensus, Council reoeived
the report and S6~ March 4, 1985 ror turther review and
reoommendations.
Liability Insuranoe
seconded by Counc.
appropriate $60,000 ror
It was moved by Caunc. Sparks,
Rogers and passed unanimously to
premiums and ~50,OOO for claims.
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MDIUTBS or THE DBClMBBR 17, 1984 CITr COUlfCIL MlBTIlfG
Reallocation of UDuaed Private Aotivity Bonds - It .s
IIOVed by Couno. Sparks, seconded by CouDo. Plunø aDd
passed Ull8D1IIoualy to adopt Resolution No. 61173 per
aPPl'OYal by the Cit, Attorney.
Visibl11 ty of Traffio Signs on Bollinger - Marshal Cox - It
vu eoved by Couno. Gatto, secondeod by Couno. PlWIIJ aDd
passed Ull8Diaously to authorize stafr to inforrs the judge
that there is no 1mpedt.ent of vision at the intersection
in question.
AllendMnt to County Ordinance on Sales Tax - By OonHDII1J8
Couno. Sparks vas authorized to attend the County Board of
Supervisors Meting and express the Ci ty' s ooncerns
regarding the County'S proposed sales tax ordinanoe.
2. Report on false alar-. bearing: Mr. George FrIU\8"dakis.
By oonaenaus, Counoil oontinued this it_ to the œeeting of
January 7, 1985.
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Non agenda item - Donation for reoreation equiPlllltnt or
capital iJlprov..ent at park - It was !lOved by Couno.
Sparks, seconded by Couno. Plungy and passed Ull8D1.IIOusly tQ
aocept the donatton of $379.74.
3. Treasurer's Report for November, 1984 - Received.
COUIICIL REPORTS
5. Couno. Gatto: - TransS'ortation 2000 Task Foroe - Couno.
Gatto presented a Working Paper 2 - Identitioat.:.on of
Alternatives to Council.
CONSENT CALDDAR
Couno. Rogers I'eIIOved Items 18 and 22, It was IIIOved by
Couna. Sparks, seconded by Couna, Rogers and passed
~n1.llOualY to approve the ba)-.nae ot the Consent Calendar
as subaitted.
9.
lIesolution No, 6459: "A Resolution of the City Council
or the City of CUpertino A110lling Certain Claim8 and
Demands Payable in the Amount, and from the Funds as
Hereinatter Described for Salaries and Wages for the
Payroll Period Ending November 13, 1984."
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MIHUTES OF THE DECBMBKR 17, 1984 CITY COUNCIL MEETING
10. Resolution No. 6460: "A Resolution of the City Counoil
ot the Cit, ot CUpertino Allowing Certain Cla1ma and
~ds Payable In the Amounts and From the Funds as
Hereinafter Desoribed for General and Misoellaneous
Expenditures for the Period Ending November 21, 1984."
11. Resolution No. 6461: "A Resolution of the City Counoil
of the Cit, ot CUpertino Allowing Certain Cla1œs and
Dellands Payable in the Amountll and From the Funds all
Hereinafter Described for General and Misoellaneoas
Expenditures tor the Period Ending October 26, ~984."
12. Resolution No. 6463: "A Resolution or the City Counoil
of the City of CUpertino Allolling Certain Cla1œs a~
Demands Payable in the ~ounts a:ld From the Funds as
Hereinatter Desoribed tor General and Misoellaneous
Expenditures tor the Period Ending December 7, 1984."
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13. Resolution No. 6464: "A Resolution ot the City Counoil
of the City of CUpertino Dealaring its Intention to
Order Vaoation of a Portion ot Stevens Creek Boulevard
Located at the Southeast Corner with orange Avenue,
Retaining it as a Public utility Easement, Sanitery
Sewer Ba~t, and Publio Servioe Easement as PMvided
in Section 8320 Et Seq. ot the Streets and Highways
Code of the State of Calit'ornia, Fixing T1IIIe and Plaoe
t'or Publio Bearing and Providing tor Notice Thereot.
14. Resolution No. 61165: "A Resolution of the City Counoll
of the City ot Cupertino Approving Contraot Change
Order Ro. 4 tor Stelling Road and Stevens Creek
Boulevard Trattio Signal Modit'ioation, Projeot 82-05.
15. Resolution No. 6466: "A Resolution ot' the City Council
ot the City ot Cupertino Aooepting Grant Deed ot Real
Property tor Roadway Purposes from Ro~ert L. Addington
and Phyllis A. Addington, Trustees of Addington Family
Trust; Located Along Regnart Road at Bubb Road."
16. Resolution No. 6V67: "A Resolution of the City Counoil
ot' the City of Cupertino Authorizi~g Execution of
Agreement with CUpertino Union School District ror the
Maintenance ot' Certain School Sites.
17, R'solution No. 6468: "A Resolutio~ of the City Council
of the City ot' Cupertino Allowing Certain Claims and
Demands Payable in the Amounts and from the Funds as
Hereinafter Described for Salaries and WaJes for the
Payroll Period Ending November 27, 1984."
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HløUT&S or THE DBCIIMBBR 17, 1984 CITY cooøCIL MBBTDIO
18. R.:!IOved.
19. Resolution Mo. 6'711 "A Resolution ot the City Counoll
ot the City of CUpertino Declar1D8 its Intention to
Sell Surplue Real Property."
20. Resolution Ro. 6'72s "A ResolutiOD ot the City Counoll
ot the City ot CUpertino Declaring its IntentiOD to
Sell SUrplus Real Property.-
21. Minutes ot the regular lleetins ot Hevember 19, 1984.
22. Removed.
Vote Members ot the City Counoll
AYBSs
NOBS.
ABSBIIT s
ABSTAINs
Plunø, Rogers, Sparks, Johnson
Gatto,
None
NODe
lone
ITEMS R1H>VBD P'ROH COIISBIIT CALENDAR
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18. Application BC-51,601.1 Beardon-Park Cirole
Apartaenta (Jym-P1D8ILlly Chans) Requestins approval
ot site, arohitecture. landscap1D8 and building oolors
and ..terials tor two residential duplex buildings
lcoated on Park Cirole Drive. RecOlBlended tor
approval.
Couno. Rogers requested a sample ot the proposed bulld1D8
oolors.
22. Minutes ot the regular lDeetins ot December 3, 1984.
Page 4, last paraarapb, ohange to read, "Janu.,ry 21, 1985."
It vas !lOved by Couno. Rogers, seconded by Couno. Gatto and
passed unan1rJOusly to approve Items 18 and 22 with Couno.
Plungy abstaining on the portion of the Deoember 3 minutes
pertaining to the meeting after he left,
ORAL COMÞP:nICATIONS
Proolamation ~rtaining to National Guard and Reserves _
Counc. Sparks aocepted a proolamation on behalf or the
National Guard and Reserves,
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24. Proolamation declaring January 1~85 as Financial Aid
Awareness Month.
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HDJUTES OF THE DECEMBER 17, 1984 cITr COUNCIL MUTING
The Chy Clerk vas directed to send the Proc18lllltion to the
appropriate parties.
25. Helllbers ot the audience regarding matters ,not on the
agenda - lIone.
PUBLIc HEARIIIGS
26. Aba~t ot weeds declared to be a public nuisance.
(a) Resolution No. 6469: A Resolution ot tbe City
Counoil ot the Cit, ot Cupertino Ordering the
Abateaent ot Public Nuisance PursU8bt to
Provisions ot Ordi/I8Dce No. 724 and Resolution Ho.
6443.
Counc. Sparks read a letter received troll Mr.
Dempster requesting that bis name and parcel
I'IUIOved tl'Oll the resolution.
J. Robert
nllllbers be
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Mr. John Willer, Santa ~lara County Building Department _
Fire Marshal's Ottice, intorød Council that a tield
inspector 11111 look at Mr. Deapater's property and it there
are 110 weeds no action would be taken.
It vas IDOved by Counc. Sparks, s8Cooded by Counc. Rogers
and passed unaniaously to close the public bearing.
It vas IDOVed by Counc. Rogers, seconded by Counc. Plungy
and passed unaniaously to adopt Resolution Ho. 6469.
27. Consideration ot abandonment or vacation ot a portion
ot Adriana Avenue.
(Request that this item be relloved.)
Removed trom agenda.
28. Request from certain residents of Rose
neighborhood ror trarric mitigation measures.
Blossom
Director of Public Works Viskovich reviewed the proposed
measures with Council,
Mayor Johnson read a letter into the record from Mr, and
Mrs. Bruce.
Andy Smith, resident of
proposed Measure No.2.
Lily Court, spoke in oPposition to
.
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MIH1JTES OF THE DECEMBER 17, 198_ CITY COUIfCIL MBBTIIIG
Luoien Coenen, 7864 Lily Court stated that he agr-eed witb
Hr. Sa1th. Be asked what the purpose aDd intent ot the
submitted petition 1... He telt tMt _thing sill1la1" to
speed buaps would slow the trattio and opposed blocking tho
residents ot the OOIIIIunity !!'OIl their 110I'I1II: 1 way boIIe.
Patriok CUnn1..gt....., 939 Rose Blos_, stated that enaoting
the proposed measures would give tranquility to the
neighborhood. lie expressed conoem that people driVing
through are beoOll.1ng tamil1ar with the children 011 the
street and expressed o:>noern regarding possible kidMPPing,
abuse, etc. He stated he has tried other routes and they
take only about a llinute extra.
Peter Letchworth, 905 Rose 8los_, telt that speed was a
bigger danger than vol~ ot trattiu in the area. He was
not in agree_nt with !lOving the stoP sign trom IÞmtridge.
A resident ot 873 Lily Court urged Counoil not "1!1f IIOve the
stop sign to JOllyman Court. He suaested they try a stop
sign at Lilao and Rose Blossom and see it it helps.
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Barbara Cwminghaa, 939 Rosf. BlosSOlS, stated there '" I'e too
many cars going too tast in the area.
Doug Ebrelsen, 7766 Huntridge Lane, telt tile ettort to
reduce trattio during the peak bours was ada1rable. lie
telt the stop sign on Huntridge should not be !lOved.
Mrs. Paul Farrier (?), Lily Avenue, requested a sign or
barrier be placed that would close the street to through
trattic and that it be monitored tor a month or so. She
spoke against a no right turn sign.
A gentleman tram Rose Blossom stated that he had !lOved tram
Sunnyvale to get away trom trattic and spoke in tavor ot
the proposed _sureSt
Candace McGee, 930 Rose Blossom,
ot traffic and speeding in the
measures vere good solutions.
said that there was lot~
area and felt the proposed
It vas moved by Counc. Sparks, saconded by Counc, Rogers
and passed unanimously to close the publi~ hearing,
(City Clerk's Note:
arrived at 7:35 p,m.)
Assistant to the City Manager Brown
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Director ot Public Works
currently u~derway with De
flow.
Visk0~lch reviewed a project
Anza CollegA regarding traffic
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MIHUTIS OF THE DECEr.B"'R 11, 1 ~84 CITr COUICIL KBB'1'IIO
It was aoved by Couno. Rogers. seo~ded by Couno. Sparks
aDd passed unaniaousl, to approve a1t1gaUon _aurea ..
follows:
1. NO left turna northbound Stelling at Buntridge aDd
L11ao WaY. 6:00 a.... to 9:00 a...
2. EtteoUve February 8. no right turns t'roa McClellan
onto Roae BlosSO!l will be allowed. 11100 p... to 7:00
p....; March 8 sign IIIOVed to Lilao and Runtridge and "Jfo
Through Traftio· aign posted at McClellan and Roae
BlossOll. Prior to this being done. a sign is to be
postod at McClellan and Roae Blossoa that this measure
will be taken, Requested review ot this six IIMtha
atter effeotive date.
It was IIOVed by Counc. Sparka, seconded by Couno. Rogers
and passed unaniaously to read Ordinance NO. 12911 (as
_nded) by title only and the City Clerk's reading to
oonstitute tho first reading thereot.
.
29. Request from Cupertino High School Bc'Osters to oonduot
bingo games on Saturday eveninga as well as on
Wednesday.
Mr. Richard Caldwell ot St. Joseph's Churoh requested that
Council 11ll1t one game place per night. Be stated that
approximately 30-40J of the crowd is the same at both St.
Joseph's and at the sohool. Upon being asked by Counoil.
he stated that St. Joseph's would consider giving up a
night if necessary to allow for SOIIeone else to conduot
games.
It vas C)ved by Counc. Plungy, seconded by Counc, Sparks
and passed unanimously to olose the public hearing.
It vas IIIOved by Couno. Plungy, seoonded by Couno. Rogel's
and passed unanimously to deny the request for Saturday
bingo and inrorm the applicants that Tuesday or Thursday
would be aoceptable.
PLANNING APPLICATIONS
30.
Applioation 24-u_84 or Calirornia Saloon, Ino. (P. J.
Mulligan's): Use Permit to expand an existing 3,000
sq. ft, restaurant/bar by 1,700 sq, ft. and
Environmental Review: The Planning Commission
recommends the granting of a Negative Deolaration. The
subject property is looated on the northeast ~or~er or
.
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MINUTES OF THB DECEMBER 17, 19811 CITY COURCIL KBBTIIG
30. (continued)
Blane, Avenue and Stevens craek Boulevard in a P
(Planned Development with Coaaerolal and Residential
intent and Offioe emphasis> zon1ng distriot.
ReoJ Mended tor approval.
Reaoved, as applicant had withdrawn the application.
31. Application 25-u-811 ot Deboor Corporation (RiobaJ'd
Childresa)r Use Perait to construct a 3,200 sq. tt.
tvo-stoI'J ottice bUilding and Environaental Review.
The Planning CoaIII!ssion rec_ds the granting ot a
Ifesative Declaration. The subjeot property is located
on the northwest corner of Peninsula AvenUfl aDd Stevena
Creek Boulevard in a P (Planned Dev~lopment with
Ifeigbborhood Coameroial intent) zoning distriot.
Reo_nded tor approval.
It vas ..eved by Counc. Sparks, seoonded by Couno. Gatto and
passed unant.ously to grant a Resative Declaration for
Application 25-U-84.
.
It vas ..eved by Couna. Sparks, seoonded by Gouno. Gatto and
passed u"""'<-usly to approve Applioation 25-U-811 per
Planning eo.a1saion Resolution No. 2588.
32. Application 27-U-84 of Torre Protessional Center
(Milton Pagonis): Use Perait to expand an existing
3,890 sq. ft. single-stoI'J offioe building into s
tvo-stol'J building with 5,780 sq. ft. total and
Environaer.tal Review: The Plann1ng eo-1ssion
reo_nds the granting ot a Regati'" Declaration. The
subjeot property is 10\1ated on the west side or Torre
Avenue approxaately 225 tt. north of Paoltica Drive in
a P (Planned Development with Otrice intent) zoning
distriot. Recommended for approval.
Removed from agenda,
ARCHITECTURAL AND SITE APPROVAL COHHITTEE APPLICATIONS
33. None
UNFINISHED BUSINESS
34. None
NEW BUSINESS
.
35. Report and recolIIDendation of Civ<.c Center Committee.
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MIllUTES or THE DECEMaER 17, 1981J CITr COOIICIL MBBTIIO
It vas 80Ved bJ Couno. Rogers, seooaded bJ CoIlDO. Sparlca
SlId passed unan1lloualy to appl'OYe Li bl'al'J eX)llD81Od,
al\amat1ve 2B tor City Ball expana1Od, redes1gD of Clv10
Center, a roadva, oonnectlng C1'!"10 CeDter to Pa01t1oa, Cit,
Manager _, 1apl_t Inter1a SOlUUOdS to reUeve Cit,
Ball oond1Uons when neoeaAl'J', NCU8sted rep""t baok 111
t'uture reþrdlng tunding aeohan1. to be uaed.
36. Cla1a tor equitable In~ty SlId 0....rat1..
oontribuUOIIs, !Cathleen G. Vlahos vs. Judith L. Ør1aa.
VemOll Barbero, Roundtree B\].._ra Aasooiat1011 et ale
It vas 80Ved bJ CoUDO, Gatto, seconded bJ CoUDO. Rogers and
passed unan1moual, to reject ~he olalll and direot the Cit,
Clerk to notify the olataant's attorD4J.
37. Request tor appropriatiOll to establish solid vaste
budget.
.
It vas IIIOVed by CoUDO. Plung", HOODde~ bJ Couno. Rogers
and passed muon1-usly to appl'OYe the soUd waste budþt
tor the 19811-85 risoal year.
38. Aooess ot trucks to tel'll1nals and .e1'1'10e AB 856.
It vas aoved bJ Couno. P1UDgJ. seconded bJ CoUDO. Spark.
and passed unan1aoua1y to take no aotion at thu t1lle.
39. Report on bid opening, Project 85-106, Stol'll R"Uet
Projeot, and award or contraot.
It vas lIMed bJ Counc. PlUDgf, seconded by CoUDO. Sparks
and passed unan1aouslY to awaM the oontraoi; to Wj.ngard a.
Searle, in the aaount or ¥23,000 and to appropriate $25,000
(lnoluding $2,000 oont1ngeno,) rro. Master Store Dra1n
fund.
40.
Consideration or Drart Environaental lapaot Report or
Proposed Residential Subdivision . Fremont Union High
School Distriot site located on Prospect Road, south or
Prospect Road/South Stelling Road intersection.
.
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KIIIUTBS or THE D!CDeBR 17, 1984 CI'l! COUICIL MBB'1'DO
It vall aoYed by CouDo. Plungy, aeoODded b1 Couno. Sparq
and Passed 1",.,,1_Wlly to d1reot tbe PÞ_1,,& D1reotor to
sip and rorvari . letter to tile Clt, or Santo.. statlnS
oonool'llll resardlnS tile projeot and the dNtt BIB.
41. K..,1ev ot BMR Subo~ttee's ....o.eadat1on. to ...v1..
the BMR ProSJ'llll.
By co.~lIOIIIIUS, CounoH set Janual'1 8, 7100 p..., COnteronGe
Roca. tor a joint _t1ng with the BMR Su~ttee and
d1rected the C1ty Attomey to attend tbat _ting.
112. Adopt1on or Citizen Part1c1Ptt1on PIe tor tbe
1985-1986 eo-unit, Developaent Bloolc Grant Progru.
It vas IDOved by Couno. Sparks, seoODded by Couno. Roser.
and passed unan1lloWll:r to approve tile tollov1ng aobedule ot
tbe C1ty's part101pation prograa.
Janual'1 3 - Øe1&llborbood _tInS, Cupertino 81&11
School.
Janual'1 9 - Meigbborbood _t1ng, Ho4ta Vista Bigb
School.
Jl'nual'1 21 - Cit, Counoll _t1ng.
JanWlI'1 31 - Deadl1œ to aubll1 t projeot Proposals to
County.
WRITTEH COttroHICATIONS
113.
ORDIlIANCES
44.
RESOLUTIONS
45. Resolution No. 64701 A Resolution ot the City Council
or the City or Cupertino Amending Resolution 5214 and
Rescinding Resolutions 5890 and 6230 w1th Respeot to
the Appo1ntment or Deputy City Att_rneys ror the
Limited Purpose or Criainally Proseout1ng C1ty
Ordinances,
It vas !lOved by Couno, Sparks, seoonded by Counc, Plungy
and passed unanimously to adopt Resolution No, 6470.
NON-AGENDA BUSINESS
46. Recognition by Mayor or special requests.
(.> General Audience.
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MIlltJTE3 or THE DECEMBER 17, 1981 CITr COUICIL MUrIllO
Hr. !fax Christianson, residont ot 01enbr:lOk APartaent.,
addressed Counoil regardiDg oO!ldoainiua 'w ta gain¡ In
aoross t!!o street t'!'OII Cit, Ball. He stated that he had
purohased one and the root is leaking badly everr t1ll8 it
nina. and evsrr tiee it rains there 18 vatar all over. He
stated that he had been told he oou1d eo.. in in Auguat and
Intoraed the developer that he would need to give 30 de,.
notioe vbere he is presently renting. lie stated that he
waa told Saturday to 001lIO S/!d sign the papers.
The Director or Planning intormed Counoil that he was
aeeting with the developer the to1lowing day and lIOu1d
report back Ol'dly at the next meeting.
(b) City Counoil.
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At 8:20 p.a, the meeting was adjourned to a olosed session.
At 8:26 p.a., the meeting waa reconvened in Counoil Cballlber
with all Counoi~bers present as 1M11 as C1t, Manager
Quinlan, City Clerk Cornelius and City Attorney Ulian.
Cup'rtino Sanitary Distriot - It was moved by Couno.
Rogers, seconded by Couno. P1ungy and passed unanillOualy to
approve settl..-nt ot 50J allocation ot oosts ot relocating
stOI'll drains, will enter into a written agr_nt 011 tuture
re1ocatiOlls 01\ the basis ot 50J until the la" is olear
oonoerning the relationship between storm dra~4S and
undersround sever pipes. At that tiee the agreeaen~,s will
be aoditied to reflect the law.
The meeting vas adjourned at 8:30 p.a.
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CU Clerk
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