CC 10-17-83 ,
CITY OF CUPERTINO, S'PATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
�./ Telephone: (408) 252-4505
MIPdUTES OF THE REGULAR MEETING OF THE CITY CC-624
COUNCIL HELD ON OCTOBER 17, 1983 IN THE Page 1
COUNCIL CHAMB�R, CITY HALL, CUPERTINO, CALIFORNIA
Mayor Plungy called the meeting to order at 6:36 p.m. in
the Conference Room.
Interview of applicants for appointment to Library
Commission.
(6:30 p.m.)
It was moved by Counc. Sparks, seconded by Counc. Johns�n Library
and passed with Counc. Gatto absent to readvertise the Commission
Library Commission opening and accept applications until
November 17, 1983.
At 6:43 p.m., the meeting was adjourned.
At 6:50 p.m., the meeting was reconvened in Council
Chamber.
SALUTE TO THE ELAG
� ROGL CALL
Counc. Present:
Gatto (6:55 p.m.), Johnson, Rogers, Sparks,
Mayor Plungy
Staff Present:
Uirector of Public Works Viskovich
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Parks and Recreation Dowling
Director of Finance Snyder (9:00 p.m.) i
City Attorney Kilian �
STAFF REPORTS
1. Oral reports by staff inembers and submission of written
reports.
By consensus, Council set November 21, 1983 at 6:00 p.m. as
the time for advisory body interviews.
City Manager's Report
��one .
l
�'
, ?4 (City Clerk's �]ote: Counc. Gatto arrived at 6:55 p.m. )
l�e 2
City Clerk's Report
Waiver of It was moved by Counc. Sparks, seconded by Counc. Johnson
fees and passed unanimously to approve waiver of fees for
Lynbrook Boosters Club.
COUNCIL REPORTS
:�olid waste Counc. Johnson: Counc. Johnson stated that the City's
Solid Waste Advisory Committee wanted something in writing
regarding the City's legal responsibility to S��r�r�lA and the
JPA under the current contract. They also requested
information regarding what the City has the ability to do
on its own.
By consensus, Council requested the following information:
If SP ]MA takes action, is the City bou.���, by that vote? Is
there a mandate that cities must provide garbage
collection? Can a City fill this obligation any way it
chooses? Can a city consider a long distance site? If a
city chooses a site within its boundaries, how can it
abandon that site voluntarily? The City Attorney will
present a report at the November 7, 1983 City Council
meeting.
e�lative Counc. Plungy: Legislative Review Committee - By
:eview consensus, Council directed that a letter be sent to the
administration that the President not veto the Federal
Revenue Sharing bills at this time. A copy will be sent to
Congressman Ed Zschau. hiayor Plungy was authorized to sign
the letter.
Council requested a copy of the County's plan for
relocation in event of a disaster. The City Clerk will
contact the County Office of �mergency Services.
CONSENT CALENDAR
�:onsent It was moved by Counc. Sparks, seconded by Counc. Rogers
'alendar and passed unanimously to approve the Consent Calendar.
:pproved
7. Resolution No. 6171: "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 Salaries and Wages for the
Payroll Period Ending September 20, 1983."
8. Resolution No. 6177: "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 '�iiscellaneous
Expenditures for the Period Ending September 9, 1983." .
MINUTES OF THE OC'rOBER 17, 1983 CITY COUNCIL MEETIt1G CC-624
Page 3
9. Resolution tJo. 6181: "A Resolution of the City Council
� of the City of Cupertino Authorizing Execution of
Agreement with Santa Clara County for ��osquito
Control."
10. Resolution t]o. 6178: "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 September 16, 1983."
11. Resolution No. 6179: "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 September 30, 1983."
12. Resolution �Io. 6180: "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 Salaries and Wages for the
Payroll Period Ending October 4, 1983."
13. Application HC-51,586.1 - Grove Associates -
Architectural and Site Approval for modification of
roofline architecture for an existing flat-roofed
v / apartment complex. The site is located on the south
side of Homestead Road approximately 450 ft. east of
Stelling Road. Recommended for approval.
14. Resolution No. 6182: "A Resolution of the City Council
of the City of Cupertino Approving Contract Change
Order No. 1 for Bollinger Road Improvement Project
81-27."
15. Resolution No. 6183: "A Resolution of the City Council
of the City of Cupertino Authorizing Execution of
Agreement between the Santa Clara County Transit
District and the City of Cupertino for Cost Sharing for
Repair of Pavement Adjacent to Bus Stop at Miller
Avenue and Stevens Creek �3oulevard."
16. Resolution No. 6184: "A Resolution of the City Council
of the City of Cupertino Authorizing Execution of Lease
Agreement of City Property at 10852 South Stelling
Road."
17. Resolution No. 6185: "A Resolution of the City Council
of the City of Cupertino Declaring its Intention To
Order Vacation of a Portion of Public Service Easement,
Public Utility Eastment, and Sanitary Sewer Easement -
within the City of Cupertino Pursuant to Section 5043U
-J Et Seq. of the Government Code of the State of
California, �ixing Time and Place for Hearing and .
Providing for Notice Thereof; Blaney Avenue t�orth of
Beekman Place."
�.:C-624 MINUTES OF THE OC'POBER 17, 1983 CITY COUNCIL P'IEF.TING
'a�n 4
� 18. Resolution No. 6187: "A Resolution of the City Council
of the City of Cupertino Authorizing �xecution of
Improvement Agreement Substituting 5pier-Hawk, Inc. for
Far West Savings as Developer of Tract No. 6713;
Southwest Corner of Stevens Creek Boulevard and Einch
Avenue." •
19. Resolution No. 6188: "A Resolution of the City Council
of the City of Cupertino Approving Contract Change
Order t1o. 6 for Monta Vista Park Project 79-53."
20. Acceptance of City project performed under contract:
(a) City Hall Basement Modification - Hydraulic
Elevator Project No. 79-56.
(b) Annual overlay Project cdo. 83-52.
21. Minutes of the regular meeting of September 19, 1983.
22. Minutes of the regular adjourned meeting of September
27, 1983.
Vote P9embers of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
A13SENT: None
�,,,� ABSTAIN: None
ITEMS REMOVED FROM COCdSENT CALENDAR
23.
ORAL COMP'IUNICATIONS
24. Proclamation declaring November 1983 as "�leterans Unity
hlonth - A Salute to Women Veterans" in Cupertino.
'Phe City Clerk will mail the proclamation to the
•appropriate party.
25. Proclamation declaring November 20-26, 1983 as
"National Family Week" in Cupertino.
Mayor Plungy had presented the proclamation to
representatives of the group requesting said proclamation
prior to the meeting.
26. Proclamation paying special tribute to Asian Americans
for Community Involvement.
�
MINUTES OF THF OCTOBER 17, 1983 CITY COUNCIL MEETING CC-624
Page 5
� The City Clerk will mail the proclamation to the
appropriate party.
27. Proclamation honoring E3i11 Podgorsek, Councilmember,
City of Campbell, for 15 years of public service.
The City Clerk will mail the proclamation to the
appropriate party.
28. Proclamation declaring support of the Cupertino
Community Holiday Project.
The City Clerk will mail the proclamation to the
appropriate party.
29. Proclamation declaring October 24-28, 1983 "California
Safe Schools 49eek" in Cupertino.
The City Clerk will mail the proclamation to the
appropriate party.
30. Proclamation declaring October 24-28, 1983 "Cupertino
Chamber of Commerce �lembership Week.
Mayor Plungy presented the proclamation to the President
and Executive Director of the Chamber.
�
Mayor Plungy introduced students from Homestead High
School.
Mr. Chuck Catania requested a postponement of traffic items West Cuper-
originally scheduled for the October 31 Council meeting. tino traffi�
Iie stated that the West Cupertino residents wish to study
the traffic flows and confer with the people in the
vicinity of Hoover School. tie requested that
implementation be postponed to the meeting of November 21.
It was moved by Counc. Sparks, seconded by Counc. Johnson
and passed unanimously to follow this request.
Marge Harami, League of Women Voters, addressed Council
regarding solid waste disposal. She stated that the Santa
Clara County League of Women Voters is presently studying
solid waste and requested that Council include source
separation for recycling, including commercial, industrial
and residential, and environmental concerns in their
studies.
PUBLIC HEARINGS
31. City of Cupertino: Public hearing to amend the R1 -
J , (Residential Single-family) zoning district to allow
"second units" (two dwelling units) on a single family
lot and amend provisions related to building height and .
setbacks. Environmental Review: The Planning
Commission recommends the granting of a Negative
Declaration�. Recommended for approval.
'C-624 MINUTES OF THE OCTOBCR 17, 1983 CITY COUNCIL MEETI^7G
,'anP 6
�, (a) First reading of Ordinance 1240: "An Ordinance of
the City of Cupertino Repealing Certain Ordinances
Outlined in Section 2 and Establishing an
Ordinance Regulating Residential Single-Lamily
(R1j Zones."
Director of Planning and Development Sisk reviewed this
report with Council.
Jerry Lorentz, 20440 Town Center Lane, requeted that second
stories be allowed. He also requested the deletion of
Section 6.3.a.1)a) from the proposed ordinance.
��ublic hear- It was moved by Counc. Sparks, seconded by Counc. Rogers
�_ng closed and passed unanimously to close the public hearing.
�pplication It was moved by Counc. Sparks, seconded by Counc. Gatto and
�pproved passed unanimously to approve the application per Planning
Commission Resolutions 2430 and 2431 with Section 6.3.a.1)
deleted and reference to a 400 lot coverage listed as a
separate item.
, irst read- It was moved by Counc. Rogers, seconded by Counc. Gatto and
�ng of ord. passed unanimously to read Ordinance No. 1240 by title only
240 and the City Clerk's reading constitute the first reading
thereof. '
�
�legative It was moved by Counc. Sparks, seconded by Counc. Johnson
[�eclaration and passed unanimously to approve the granting of a
Negative Declaration.
PUBLIC HEARINGS (continued)
32. City of Cupertino: Public Hearing to amend the RHS
(Residential Hillside Slope Density Formula) zoning
district to allow "second units" (two dwelling units)
on a single family lot and amend provisions related to
building height and setbacks. Environmental Review:
The Planning Commission recommends the granting of a
Negative Declaration. Recommended for approval.
(a) First reading of Ordinance No. 1238: "An
Ordinance of the City of Cupertino Repealing
Certain Ordinances Outlined in Section 2 and
Establishing an Ordinance Regulating
Residential Hillside Development (RHS
Zones) ."
Director of Planning and Development Sisk reviewed the
proposed ordinance with Council and stated that Section 19
will be revised as per the R1 ordinance.
�ub�ic hear- It was moved by Counc. Sparks, seconded by Counc. .7ohnson
�zg closed and passed unanimously to close the public hearing.
' t1INUTES OF THE OCTOBER 17, 1983 CITY COUtJCIL MEETING CC-624
Page 7
It was moved by Counc. Rogers, seconded by Counc. Sparks Negative
and passed unanimously to approve the granting of a Declaration
� Negative Declaration.
It was moved by Counc. Rogers, seconded by Counc. Sparks Application
and passed unanimously to approve the application per approved
Planning Commission Resolution No. 2436 amended as per
above item.
It was moved by Counc. Rogers, seconded by Counc. Sparks First reading
and passed unanimously to read Ordinance No. 1238 by title of Or.d. 1238
only and the City Clerk's reading to constitute the first
reading thereof.
33. Application 7-Z-82 - Michael Lynch - Prezoning of .24
acre from County ML (Light Industrial) to City ML
(Light Industrial), located at the southeast corner of
Imperial Avenue and Olive Avenue. P�Iinute Order request
by City Council for advisory determination by ASAC of
improvements to be made to the site now occupied by a
plumbing service office and auto repair complex.
Recommended for approval.
(a) First reading of Ordinance No. 1239: "An
Ordinance of the City of Cupertino Amending
Section 1 of Ordinance No. 2, Prezoning .24
acre from County ML to City C-1L; located at
the Southeast corner of Imperial Avenue and
� Olive Avenue."
(b) rlinute Order adopting ASAC recommendation.
It was moved by Counc. Rogers, seconded by Counc. Sparks Continued to
and passed unanimously to continue this item to be heard later in
after Item No. 35 as the applicant was not yet present. meeting
34. Appeal of denial by Planning Commission for Application
10-'rr�-76 (Revised) , Walter and Roseann Frederick.
Director of Planning and Development Sisk reviewed the
background of this application with Council.
Roseann and Walter Frederick, 10234 Miner Place, stated
that the requested addition will be used by a family
member. As the woman does not drive, there would be no
additional cars. They also stated that the proposed
stairway could be inside instead of outside the structure
if Council desired. They stated that they have five
children and the house only has three bedrooms. The
addition would be used by the applicant's 80 year old
mother who would eat downstairs with the family. They
submitted a drawing to Council showing that the windows
would be above eye level and there would be no invasion of -
� privacy for the neighbors.
Lloyd Taylor 10214 hiiner Place, expressed concern regarding -
the proposed addition. He stated that the story presented
before was that a son would live in that addition. He
stated that the issue was decided at the time the �3AS
development originally
�:;C-624 MIt�UTES OF THE OC'POBF.R 17, 1983 CITY COUNCIL f1EETIWG
f'age 8
received a permit and that property owners in the area
� bought under those conditions. He showed Council a want ad
for a rental with a phone number which he stated was the
Frederick's. He also informed Council that the proposed
stairway looks into his yard.
Roseann Frederick stated that they currently are renting a
back room until June.
City Attorney Kilian stated that the plans do not show a
cooking facility and therefore the proposed addition is not
a dwelling.
The applicants stated that they would resubmit it as a
second unit.
Director of Planning and Development 5isk stated that if
they file a new aPplication by November 1, it could be
presented to the Planning Commission in Decernber.
Cabled It was moved by Counc. Gatto, seconded by Counc. Rogers and
�ppeal, passed unanimously to table the item.
�O-TM-76
;tzev.) 35. Consideration of vacation of a portion of Stevens Creek
Blvd.
,� (a) Resolution No. 6189: "A Resolution of the City
Council of the City of Cupertino Ordering Vacation
of a Portion of Stevens Creek Boulevard Located
on the North Side, East of Blaney Avenue, as
Provided in Section 8320 et. seq. of the Streets
and Highways Code of the State of California.
i�ublic It was moved by Counc. Sparks, seconded by Counc. Gatto and
�learing passed unanimously to close the public hearing.
,:losed
Res. No. It was moved by Counc. Sparks, seconded by Counc. Johnson
��180 and passed unanimously to adopt Resolution No. 6180.
� ;dopt ed
;�ranting It was moved by Counc. Rogers, seconded by Counc. Gatto and
;�f Negative passed unanimously to approve the granting of a Negative
�eclaration Declaration.
33. (continued from earlier in meeting)
Director of Planning and Development Sisk reviewed the plan
with Council.
c�ichael Lynch, applicant, expressed some concerns regarding
the required bond and street improvements. He stated that
the long range plan is to tear down the buildings and
redevelop.
�
Director of Public Works Viskovich stated that these
requirements have not been waived before. The question is
when do the improvements get done.
MINUTES OF 'PHE OCTOBER 17, 1983 CI'PY COUt7CIL h7EETING CC-624
Page 9
Director of Planning and Development Sisk stated that new
`/ structures in the area are obligated for street
improvements. The $5,000 bond is assurance that
landscaping, etc. will be installed, not the street
improvements.
Ann Anger, t�lonta Vista resident, stated that she did not
feel that the application submitted presented any
development that she would want in Old �lonta Vista. She
felt that street improvements should not be deferred. She
stated that she was waiting for the pest control to put in
improvements and felt that they should be done by now.
Director of Public Works Viskovich stated he would check on
them.
It was moved by Counc. Sparks, seconded by Counc. Rogers Public hearin
and passed unanimously to close the public hearing. closed
It was moved by Counc. Sparks and seconded by Counc. Rogers 7-z-83
and passed unanimously to approve Application 7-Z-83 per approved
Planning Commission Resolution No. 2330 amended to delete
the driveway (No. 2) to be filled in with landscaping, a
minimum of six trees to be planted across the front to help
soften the building and the space between buildings having
a solid gate rather than wrought iron.
� It was moved by Counc. Rogers, seconded by Counc. Gatto, Negative
and passed unanimously to approve the granting of a Declaration
Negative Declaration.
It was moved by Counc. Rogers, seconded by Counc. Sparks First readin�,
and passed unanimously to read Ordinance No. 1239 by title of ord. 1239
only and the City Clerk's reading to constitute the first
reading thereof.
PLANNING APPLICATIONS
36. Application 17-U-83 of Town Center Properties (,7ason
Chartier): Use Permit to construct 248 attached
residential condominimum units and a two story 45,000
sq. ft. office building and Environmental Review: The
Planning Commission recommends the granting of a
r]egative Declaration. The subject property is located
between Stevens Creek Boulevard and Rodrigues Avenue
east of the future extension of Torre Avenue in a P
(Planned Development with commercial, office and
residential, 15-30 dwelling units per gross acre
intent) zoning district. Recommended for denial.
Director of Planning and Development Sisk informed Council -
that this application would be referred back to the
�.J' Planning Commission as the changes that have been made
since their last review are significant. .
�:C-624� � MINU`i'LS 0£ THE OCTOBER 17, 1983 CI`I'Y COUNCIL t]LI�TING
'age 10
It was moved by Counc. Rogers and seconded by Counc. Sparks
to refer the application to the Planning Commission. Upon
request of a Councilmember to review the changes, the
motion and second were withdrawn.
�
Director of Planning and Development Sisk reviewed the
changes with Council and stated that it is a different
conception of development of the property.
Application It was moved by Counc. Rogers, seconded by Counc. Sparks
returned to and passed with Counc. Gatto dissenting to return the
�;ommission application to the Planning Commission for review and
recommendation.
Council suggested that an applicant be aware that when a
project comes in and goes through the system, if a
substantial change occurs, the application must go back to
the beginning of the process.
37. Applications 4-U-82 and 12-U-82 of WILLIAM K. KPLLEY -
Request for site, building material changes and
equipment screening per Condition No. 17 of the City
Council action letter dated �^7arch 22, 1983.
Recommended for approval.
Counc. Gatto stated that he would abstain from any
discussion and vote in this matter because of potential
conflict.
� (City Clerk's Note: Counc. Gatto left Council Chamber.)
Director of Planning and Development Sisk presented Council
with a brief review of the staff report and Planning
Commission concerns which included the height addition and
the location of the underground parking facility vents.
Robert Bernstein, architect with James Foug and Associates,
representing the applicant, clarified the changes with
Council. EIe stated that the roof screening would be the
same material as the building. He informed Council that
the plan was to use an energy efficient elevator run by
batteries. This elevator requires an equipment room above
the elevator. It is planned to use two elevators for each
building. The elevator "penthouse" would be nine feet
tall.
tergers It was moved by Counc. Sparks and seconded by Counc. Rogers
�pproved with Councilmembers Plungy and Johnson dissenting to
approve the changes proposed for Applications 4-U-82 and
12-U-82 per the Planning Commission recommendations amended
to allow the scr,eening as proposed by the applicant. The
motion failed to pass.
'�-U-82 and It was moved Counc. Sparks, seconded by Counc. Johnson and
�? -82 passed with Co�anc. Plungy dissenting to approve
.��, Applications 4-U-82 and 12-U-82 per the Planning Commission
recommendation.
(City Clerk's P�ote: Counc. Gatto returned to Council
Chamber.) '
MINUTES OF THE OCTOBER 17, 1983 CITY COUNCIL t4E�TING CC-624
Page 11
� 38. Application 14-U-83 of JOSE LOPEZ/DAN DIANDA: USE
PERf•9IT to construct two detached single family houses
and ENVIRON��IENTAL REVI�W: The project is
categorically exempt, hence, no action is required.
The subject property is located on the east side of
Peninsula Boulevard approximately 250 ft. south of
University Way in a P(Planned Development with
residential intent) zoning district. Recommended for
approval.
Director of Planning and Development Sisk reviewed the
application with Council.
Discussion followed regarding lot mergers in Monta Vista.
Ann Anger, P�onta Vista, addressed Council regarding
setbacks and objected to two houses going in the area as
proposed by the application. She suggested that the lots
be merged into one parcel.
Carmen Covello stated that she lives in back of the lot of
the proposed development and expressed concern regarding
the back part of the proposal, mainly the size of the fence
to be installed. Her concern was invastion of privacy.
She also requested that prior to any building being done,
the debris and bushes on the lot be cleared.
�
(City Clerk's Note: Director of Finance Snyder arrived at
9: 00 p.m. )
It was moved by Counc. Sparks, seconded by Counc. Gatto and 14-U-83
passed unanimously to deny the application. Council denied
suggested that the lots be combined and an application for
a duplex be submitted.
39. Application 31-U-83 of WAHIB COSTANDI: USE PERt�IT to
allow individual tenant uses including offices, food
service and personal service, within a planned
commercial center and ENVIRONMENTAL RLVIEW: `I'he
project was previously assessed, hence, no action is
required. `Phe subject property is zoned P(Planned
Development with recreation, entertainment and limited
commercial intent) and is located at the southeast
quadrant of Eiomestead Road and Stelling Road.
Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Johnson 31-U-83
and passed unanimously to approve Application 31-U-83 per approved
Planning Commission Resolution No. 2449.
�
'.C-624 MINUTES OF 'PHE OCTOBER 17, 1983 CITY COUNCIL f9EETING
�'aQe 12 �
� 40. Application 1-EXC-83 of VALLCO PARK, LTD.: EXCEPTION
to the Off-Street Parking Ordinance, Section 6.3 B of
Ordinance 002 (q-1) to allow parking stalls which are
smaller than required by ordinance at the Vallco
Village Shopping Center. ENVIRONCIENTAL REVIEW: The
project is categorically exempt, hence, no action is
required. The subject property is located at the
southwest quadrant of Eiomestead Road and V�olfe Road in
a P(Planned Development with commercial and intent)
zoning district. Recommended for approval.
i-EXC-83 It was moved by Counc. Sparks, seconded by Counc. Gatto and
ipproved passed unanimously to approve Application 1-EXC-83 per
Planning Commission Resolution No. 2450.
41. Application 18-TM-83 of CREEGAN & D'ANGELO (PINN
f3ROTEiERS) : TEt�'I'ATIVE SUBDIVISION i9AP to subdivide 2.8
gross acres into 48 lots for construction of a 46-unit
residential condominium project and related common
areas. ENVIRONt•9ENTAL REVIEW: The project was
previously assessed, hence, no action is required. The
subject property is zoned P(Planned Development with
commercial, office or residential intent) and is
located at the northeast quadrant of Rodrigues Avenue
and Torre Avenue. Recommended for approval.
!b`�1-83 It was moved by Counc. Sparks, seconded by Counc. Gatto and
;pproved passed unanimously to approve Application 18-TM-83 per
Planning Commission Resolution No. 2451.
42. Application 32-U-83 of VIRGIL E. ELLSWORTH: USE PERMIT
to construct a single-family home on an existinq parcel
and ENVIRONMENTAL REVIEW: The project is categorically
exempt, hence, no action is required. The subject
property is located on the southwest side of Santa
Clara Avenue approximately 50 ft. south of Grand Avenue
and is zoned P(Planned Development with residential
intent). Recommended for approval.
Discussion took place regarding setbacks and the plot plan.
It was moved by Counc. Sparks and seconded by Counc.
Johnson to approve Application 32-U-83 per Planning
Commission Resolution No. 2452. The motion failed with
Councilmembers Gatto, Johnson, Rogers and �iayor Plungy
dissenting.
�2-U-83 It was moved by Counc. Sparks, seconded by Counc. Rogers
�-eferred and passed unanimously to refer the application to the
o "tanning Planning Commission to solve the problems pertaining to -
:� f ssion open space on both sides of the structure. Concern was �
expressed regarding side yard setbacks.
MINUTES OF THE OCTOBER 17, 1983 CITY COUNCIL MEETING CC-624
Page 13
� RECESS 9:40-10:00 p.m.
Upon reconvening, it was clarified that Council wanted a
minimum of five feet for a setback on each side of the
single-family home proposed under Application 32-U-83.
ARCHITECTURAL AND SITE APPROVAL COMMIT'PEE APPLICATIOt�S
43. None.
UNFINISHED BUSINESS
44. Release of lien and extension of time for permits, Hom
property cancellation of Williamson Act Contract.
(a) Resolution No. 6190: "A Resolution of the
City Council of the City of Cupertino
Releasing Lien and Approving extension of
Time for Permits."
It was moved by Counc. Sparks, seconded by Counc. Gatto and [tes. No. 6190
passed unanimously to adopt Resolution No. 6190. adopted
45. Acquisition of right-of-way at Foothill Blvd. and
Cupertino Road.
� It was moved by Counc. Sparks, seconded by Counc. Rogers Acquisition
and passed unanimously to authorize acquisition for the of right-of-
amount of $47, 916. way
46. Discussion of County Planning Commission approval of
Stevens Creek Quarry Use Permit.
Director of Planning and Development Sisk reported on
County Planning Commission action.
It was moved by Counc. Sparks, seconded by Counc. Gatto and Filing of
passed unan imously to author i ze f i 1 ing of appeal for one appeal and
year approval of use permit and court action to contest the court actior.
granting of a Negative Declarat re Stevens
Creek Quarry
An announcement was made that this item would be discussed
during closed session at the end of the meeting.
NEW BUSINESS
47. Appropriation of funds request for Special Recreation
Programs.
It was moved by Counc. Sparks, seconded by Counc. Gatto and Appropriatior�
passed unanimously to Appropriate $40,000 for recreation for recreati�.,
� programs (810-0449-721).
48. Fee schedule for enforcement of Eiazardous ��laterials
Ordinance.
C-624 MINUTES OF THE OCTOBER 17, 1983 CITY COUNCIL MEE'I'ING
,��3�.0 14
� (a) Resolution No. 6191: "A Resolution of the
City Council of the City of Cupertino setting
a fee schedule for enforcement of the
Ha2ardous Materials Ordinance."
��es. 6191 It was moved by Counc. Sparks, seconded by Counc. Rogers
�dopted and passed unanimously to adopt Resolution tdo. 6191.
49. Request for refund of parade permit fees, Monta Vista
High School.
1'arade It was moved by Counc. Johnson, seconded by Counc. Rogers
�ermit fees and passed unanimously to approve refund of parade permit
� fees for i�lonta Vista High School.
S0. Cupertino rental monitoring program procedures.
Council discussed the letter from �Aoodmont Companies and
accepted testimony from those present.
Curt Landi, Glenbrook Apartments, expressed the opinion
that politicians are insensitive to the real needs and
issues of the residents of Cupertino. He stated that
Council achieved their position through votes and that his
generation will change things and new people will be up
there. He stated that the issue is high rent. He
'� expressed the opinion that the voice of the people was not
doing its job.
Mr. Joe Gruber requested that Council reconsider this
item. He stated that in the Cupertino Scene the item was
described as a review of inediation procedures. He stated
that the proposal as suggested in the letter from Woodmont
Companies would not facilitate a resolution of the problems
as there would be no tenant representation. He stated that
if the City refers citizens to the group as suggested in
the letter, there is no way to avoid a feeling of
sponsorship. He stated that the proposal is counter to
policies characterizing this Council and requested that the
proposal be withdrawn.
Janet Wright, Valley Green Apartments, expressed the
opinion that the proposal is too limited and a
disappointment. She expressed the opinion that there is a
need for a procedure for renters to discuss problems, and
she is beginning to feel more and more that rent control is
necessary. She stated that tenants need someone to listen
to them and requested the Council to appoint a committee to
study housing in Cupertino.
By consensus, Council received the letter from Woodmont
�
Companies as information.
Discussion followed regarding the appointment of an ad hoc
, committee to study the issue of housing and possibly
develop a process to handle tenant problems. Suggestions
were equal representation of both tenants and landlords.
MINUTES OF THE OCTOBER 17, 1983 CITY COUNCIL MEETIC�G CC-624
Page 15
� Ms. Wright stated that her idea of the committee was to
look at housing in a greater extent, not just
tenant/landlord problems,
but to look at solvinq the entire housing problem.
It was suggested that each Councilmember appoint one
landlord and one tenant to a committee.
It was moved by Counc. Johnson, seconded by Counc. Sparks Rental dis-
and passed unanimously to continue discussion of this cussion con-
matter to the meeting of October 31, 1983. tinued
51. Request from Cable Television Advisory Committee for
approval of procedure for reviewing and approving or
denying United Cable TV's request for a rate increase.
It was moved by Counc. Johnson, seconded by Counc. Rogers Cable rate
and passed unanimously that the Cable TV Advisory Committee increase
review the proposed rate increase by United Cable
Television of Cupertino, Inc. and make a recommendation to
the City Council which will conduct a public hearing. The
Advisory Committee may conduct a public hearing on the
matter should they desire to do so.
52. Discussion of Planning Commission's recommendation to
� initiate a General Plan Amendment regarding substandard
lots in the ��onta Vista area.
It was moved by Counc. Sparks, seconded by Counc. Rogers Initiation of
and passed unanimously to approve initiation of General General Plan
Plan Amendment hearings to consider the substandard lots in Amendment
Monta Vista, the Uenaka property, underdeveloped hearings
properties, and the Old Monta Vista Plan.
It was moved by Counc. Sparks, seconded by Counc. Rogers Rezoning ac-
and passed unanimously to initiate rezoning action for the tion initiatE��
portion of Stevens Creek Boulevard between Town Center and
Vallco Park and rezoning action for Vallco Park (hotel and
Stevens Creek Boulevard frontage) to be consistent with the
prsent General Plan.
53. Summons and complaint, Les and Helen Bianchi v. City of
Cupertino.
It was announced that this item will be discussed in closed
session.
54. Request from the Board of Supervisors, Sheriff's
Department and Taxpayers Against Crime and Violence for
support of County of Santa Clara Measure A regardinq
funding for jail and court facilities.
.�
It was moved by Counc. Sparks, seconded by Counc. Rogers support
and passed unanimously to support Santa Clara County County Measur
Measure A. A
�'C-614 r'1I�lU'PES OF THE OCTOB�R 17, 1983 CITY COUNCIL PIEGTING
!'a�e 16
55. Report on bid opening for miscellaneous water main
r✓ replacement, Project 84-04, and award of contract.
�ward of It was moved by Counc. Johnson, seconded by Counc. Rogers
��ater main and passed unanimously to award Phases A and C of
replacement Miscellaneous Water Main Replacement, Project 84-04, to
�ontract Vick's Pipeline for $110,543.70 with water main
installations added to Phase C at a cost of approximately
$25,000, bringing the total to $135,543.70; to award Phase
B to fiydro Tech Pipeline for $94,603; and to appropriate
$240,000 from the Water Utility Fund.
56. Report on bid opening for janitorial services and award
of contract.
lanitorial It was moved by Counc. Sparks, seconded by Counc. Rogers
services and passed unanimously to award the contract for ,7anitorial
,:ontract Services to C& J Interiors for $51,521.40 based on lowest
bid.
57. Amendment to Municipal Code to require background check
of those applying for taxi driver's permit.
(a) First reading of Ordinance No. 1241: "An
Ordinance of the City of Cupertino Amending
Municipal Code Chapter 5.28 Requiring
� Background Checks for those applyiny for Taxi
Driver's Permits."
:�ackground It was moved by Counc. Gatto, seconded by Counc. Rogers and
�,hecks on passed unanimously to continue this item to the meeting of
�irivers October 31, 1983.
continued
58. Claim for damages filed by Eva Zachariasiewicz for
damages to car.
zacharias- It was moved by Counc. Rogers seconded by Counc. Johnson
iewicz and passed unanimously to reject the claim and the City
claim Clerk to so notify claimant.
denied
59. Claim for damages filed by Michael and Vernon r9cCully
through the �3occardo Law firm.
McCully It was moved by Counc. Rogers, seconded by Counc. Johnson
�:laim and passed unanimously to reject the claim and the City
rejected Clerk to so notify claimant.
60. Council policy on Government Code Section 53646
pertaining to reporting of accrued interest.
�zenort It was moved by Counc. Johnson, seconded by Counc. Roqers -
� re- and passed unanimously to not require the report per �
,l�red Government Code Section 53646.
h1INUTE5 OF THE OCTOBER 17, 1983 CITY COUNCIL MEETING CC-624
Page 17
� WRITTEN COMMUNICATIONS
61. None
ORDINANCES
62. Second reading of Ordinance No. 1237: "An Ordinance of
the City of Cupertino Amending Ordinance No.881 and
Ordinance t1o. 991 by Establishing Regulations for
Extensions and Additions along Building Lines of
Existing Structures.
It was moved by Counc. Rogers, seconded by Counc. Sparks Second read-
and passed unanimously to read Ordinance No. 1237 by titl� ing of Ord.
only and the City Clerk's reading to constitute the second 1237
reading thereof.
It was moved by Counc. Rogers, seconded by Counc. Sparks, Ord. 1237
and passed unanimously to enact Ordinance No. 1237. enacted
RESOLUTIONS
63. None
TdON-AGENDA BUSINCSS
�`'� 64. Recognition by Mayor of special requests.
(a) General Audience - None.
(b) City Council.
It was moved by Counc. Sparks and seconded by Counc. Rogers
to reconsider the Kelley application at the meeting of
October 31, 1983. The motion was defeated with
Councilmembers Plungy and Johnson dissenting and
Councilmember Gatto abstaining.
At 11:15 p.m., the meeting was adjourned to closed session.
At 11:25 p.m., the meeting was reconvened in Chamber with
Councilmembers present as well as City Clerk Cornelius and
City Attorney Kilian.
1. County Use Permit for Stevens Creek Quarry - It was Stevens
moved by Counc. Rogers, seconded by Counc. Johnson and Creek Quarry
passed unanimously that the Planning Director file an
appeal regarding the granting of the use permit for the
Stevens Creek Quarry and that the City Attorney file action
in Superior Court requesting that an environmental impact
repor t be f i led .
�
2. Thrifty Oil - It was moved by Counc. Sparks, seconded Thrifty oil
by Counc. Gatto and passed unanimously that the City settle
the case regarding acquisition of a ten foot strip of land
in the amount of $14,300.
.C-624 MINUTES OF THE OC'POBER 17, 1983 CITY COUNCIL MEETING
18
�..�lnchi 3. Summons and Complaint, Bianchi v. the City of Cupertino
summons and Planning Director - It was moved by Counc. Sparks,
�,1d com- seconded by Counc. Rogers and passed unanimously to
i�laint authorize the City Attorney to defend the City and the
Planning Director.
At 11:30 p.m. the meeting was adjourned to 6:45 p.m.,
Monday, October 31.
.
City Clerk
�
�/