CC 03-15-82
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cm or CUPERTINO. STATE OF CALIFORNIA
10300 Torre Avenue. Cupertino. r.A 95014-3255
Telephone: (40S) 252-45~5
MINUTES or 1'HE REGULAR KEE'lING 07 '1'!IE CITY COUNCIL
HELD ON KARCR 15. 1!;S2 IN 1'HE COUNCIL CBAKBER, CITY HALL
CUPERTINO, CALIFORNIA
Mayor Sparks call~d the ~eting to ~rder in the Council Chamber at
6:45 p...
SÞUJTE TO 1'HE FLAG
ROLL CALL
Counc. Present: Gatto (6:50 p...), John:,u, Plungy,Rogers. Mayor
Sparks
Staff ~resent: City Manager Quinlan
Deputy City Clerk Campagna-Blaise
City Attorn~ Kilian
Dne~tor of Planning and Development S1øk
Director of Public Works Viskovich
Director of Parks and I~creation Dowling
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STAPP REPORTS
1. Oral reporta by staff me~ers &~d sub.iasion of written reports.
City Manager's Report
AS 699 Cable TV Litigation - City Manager Quinlan r~ported that new
legislation is pending concerning AS 699, Cable TV Litigation. ~nd
suggested Council may want to wait before offering any assi~tance to
other cities. C~uncil agreed by consensus.
Council had no objection to issuance of an alcOholic beverage
license for Honta Vista Market.
Update on Parking in Residential Area Around De Anza Coll£ge - Th.
City Manager will report back to Council in two months with another
update concerning residential parking around De Anza College.
Council accept"" the report regarding L & C Ombudsm"n. Santa Clara
County.
Council accepted the ~epQrt regardin~ an on-call narcotics a~~nt.
.
Legislative R~view Committee - It was moved by Counc. Johnson, sec-
onded by Counc. Rogers and passed unanimou.ly to reconmænd the
rollowing positions regarding pen4ing legislation:
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ö:C-564
Page 1
AS 699
Parking near
De Anza College
Legislat ive
RevtE:w Com-
mittee recom-
mendations
.
_6~
Ballot measure
.
Waiver of
business
license fee,
Northwest Y!l:A
Res. No. 5836
adopted
Speaker instal-
la t LJn
Purchase of
cherry trees
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MINUTES or 1'HE KARCR 15, 1982 CITY COUNCIL MEETING
Support AS 2400 (Sher), Election by Mail; SB 1505 (Montoya), Un-
authorized Cable Televisiml Connections; AS 2734 (Moore), Cable
Television; AS 2735 (Moore), Telecommunication Privacy; AS 2796
(Hoore), Cable Television Systems¡ and AS 2897 (Ioos), Cable Television
Subscribers.
Oppose SB 1~26 (Harks), Committees Added to Brown Act; SB 1575 (Boat-
wright), Public Employee's Retirement System: Cost of Living Increases;
and 58 1506 (Montoya), Public Broadcasting.
Continue consideration of AS 2796 (Moore), Cable Television Systems.
No action on AS 2429 (Cortese), AS 2524 (Wray), AB 2618 (La Follette)
and AS 2748 (Wray) , Mobilehome Rent Control Related Legislation;
AS 2725 (Ingalls), Cable Television.
Direct City Clerk to obtain copies of SB 1446, SB 1386, SB 1444, AS
2321 and AS 2742.
City Clerk'r Report
An informational report was presented on an impartial analysis prepared
by the City Attorney for two City measure on the June 8 ballot,
They are listed as Measure D (Transient Occupancy Tax) and Measure
E (Change of electIon date).
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to grant a waiver of business license fee for the Northwest
Y!l:A.
It was ~ved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to adopt Resolution No. 5836, "A Resolution of the City
Council of the City or Cupertino Authorizing the Filing of a Claim
with the Metropolitan Transpo~tdtion Commission for Allocation of
Transportation i>evelopment Act runds for Fiscal Year 1982-63."
It ~as moved by Counc. Gatto, seconded by Coun~. Plungy dnd passed
unanimously to appropriate $800 from the C"neral Fund for installation
of permanent speakers in the hall outside Coun"U Chamber.
COUNCIL REPORTS
COUùc. Pluu::;y reported that 100 cherry trees will be p1·....;::~<S::.IC~
In this co~ntry from our Sister City and asked Parks and Recreation
Director ~Jwling to lúok for an aporopriate site.
Counc. Rogers rerorted she would be unable to attend the ABAG
meeting of Karch 27 and requested that an alternate attend.
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MINIInS or 1'HE HAReR 15, 1982 CITY COUNCIL MEETING
CONSENT CALENDAR
Counc. Rcgers removed Item II.
It vas ~.d by Counc. Gatto, seconded by Counc. Raters and passed
with Coune. Plungy abstaining on Item l6 only to approve the balance
oi the Consent Calendar.
8. Resolution No. 5829: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amounts and froM the runds as Hereinafter Dvscribed for Gener
and Miscellanecous Expenditures for the Period "Ending March 5,
1982."
9. Resolu~ion No. 5830: "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 Sal-
aries and Wagee for the Period Ending Karch 9, 1982."
10. Resolution No. 5835: "A Resolution of the City Council of the
City of Cupertino Allowing Certain C!ail!l8 and Demands Payable in
the Amounts and from the Funds as HereInafter Described for
General and Miscellaneou~ Expendit~re8 for the Period Endin&
MaTch 12, 1982."
II . RelllOVed.
l2. Resolution No. 5832: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 1 for
Corporation Yard Sound Wall Installation Project 79-16."
l3. Resolution No. 5833: "A Resolution of the City couucil of the
City of Cupertino Approving Contract Change Order No. 5 for South
De Anza Boulevard Landscaping Installation Project 80-05."
l4. Resolution No. 5834: "A Resolution of th~ City Council of the
City of Cupertino Approving Contract Change Order No. 2 lor De
Anza Boulevard Interconnect, Project 79-20."
IS. Acceptance of City project performed under contract: Corporation
Yard Sound Wall Installation, Project 79-16.
16. Minutes of the regular City Council meeting of March 9, 1982.
(CC-563)
Voce Members of the City Council
AYES:
NOES:
ABSENT:
Al!STAIN:
G~tto, Johnson, Plungy, Rogers, Sparks
None!
None
Plungy (on Item 16 only)
CC-564
Page 3
Conunt Calen-
dar approved
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Cc-564
.4
Publi~ hearing
closed
BJL'I0 permit
.~d, St.
Joseph Church
Public hearing
closed
Appeal ap-
rroved (HC-5I,
500.11)
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KDI1JTES OF 1'HE KARCR l5, 1982 CITY COUNCIL MEETING
ORAL COHHUNICATIONS
17. Proclanaation declaring Karch l8, 1982 as "Agriculture Day".
18. Proclamation declaring March 2l-27, l'782 as "Cancer Awareness
Week".
19. tn-··f-dllt. declaring April, 1982 a.. ''Youth Month" in the City
of Cupertino.
20. Proclamstion declaring 'larch 15, 1982 as "Ort Day" in the City
of Cupertino.
Representatives from Ort were present to accept the proclamation.
PUBLIC l!EARINGS
21. Consideration of renewal of bingo permit for St. Joseph of Ccper-
tino Church.
It was moved by Counc. Jomlson, seconded by counc. Plungy and pas..ed
unanimously to close the public hearing.
It was moved by Counc. Rogers, seconded by Counc, Plungy and passed
unanimously to renew the bingo permit for St. Joseph of Cupertino
Church for 1982.
Z2. J~peal of standard conditions or Architectural and Site Approval
Committee filed by Gas-N-Save (Application HC-5l,500.ll). The
conditions were imposed on a new sign program approved for an
existing service station located on the west side of Saratoga-
Sunnyvale Road, ~pproximately 350 ft. north of Wildflower Way.
It was moved by Counc. Plungy, seconded by Counc. Plungy and passed
unanimously t~ close the public hearing.
It waz moved by Counc. Plungy, seconded by Counc. Johnson an~ passed
unanimoualy to approve the appeal of the Standard Conditions of
the Architectural and Site Approval Committee (Application HC-SI,500,ll)
with the dele(ion of ASAC Standard Conditi~n No.7. The f~llowing standard
ASAC conditions apply to Application HC-SI,SOO.ll:
1. The building architecture and color, landscaping plans, on-site
lighting, masonry w3lls, s:gns, and irrigation systems are approved
as indicated on the ap¡.licatiool exhibits and as revised herein.
)/0 building permits shaH be issued nor shall any construction
be permitted prior to the ~pproval of the City Council of all
elements conditiol\ed herein.
2. On-site lighting fixture design, lighting intensity, height of
standard, and location are approved dS indicated on the appropriate
exhibits. except or unless modified herei~.
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MINUTES or THE KARCH l5. 1982 CITY COUNCIL MEETING
3. Appurtenances shall not be visible from any street or any area
c~ly used by the public. rurther, all such appurtenances
shall be placed within the roof line of the building on which they
are installed. This shall apply to it..s such as meter boxes,
~xhaust fans, air conditioning units, and the like.
4. That landscape sprinkler ayst..s shall be required in all multiple
residential developgents of five (5) units or more.
5. That concrs:e beraø shall be installed around all parking areas
c~letely enclosing all landscaped areas except where they abut
a building.
6. All trees to be planted shall be shown on the approved landscape
plan and shall be a minimum of six (6) feet in height, measured
vertically on the ground to the top of the tree aft~r planting.
Tree dta.eter shall be a minimum of one (l) inch, measured above
the g~ùund planting line. Holes shall not be less than eighteen
(l8) inches in diameter and shall be one (1) foot deeper than the
tree roots to allow for l003e dirt under the roots. Support
stakes will be provided whenever necessary.
PLANNING APPLICATIONS
23. Applications l-U-82 and l-TK-82 of William Marocco & Associates:
Use Permit to construct an office building equaling approximately
lO,OOO sq. ft. and Tentative Map to adjust the prorerty line
between two existing parcels. The proposed parcels will equal
.6 of an acre and .9 of an acre. Environmental Review: The
Planning Commission recommends the granting of a Negative Decla-
ration. The subject property is located on the northwest corn~r
cf Stevens Creek Boulevard and Vista Drive in a ~ (Planned Devel-
opment with General Commercial and/or Office intent) zoning dis-
trict. Recommended for approval.
Director of Planning and Development Sisk reviewed the applications
with Council.
Dennis Kobza, 2483 Old Middlefield Road, Mt, View. presented Council
with a description of color and design.
It was moved by Counc. Johnson, seconded by Counc. Rogers and passed
unanimously to grant a Negative Declaration for Applications
I-U-82 and I-TK-82.
It was moved by Counc. Johnson, seconded by Co~nc. Rogers and passed
unanimously to approve Application I-U-82 per Planning Commission
Resolution No. 2287.
It was moved by Counc. Johnsoa, seconded by Coune. Rogers and passed
unanimously to approve Application l-TK-82 per Planning Commission
Resolution No. 2288.
CC-564
Page 5
Negative Dec.
for I-U-82 and
l-TK-82
l-U-82
approved
l-Trt-82
approved
C.4
P 6
.
7-U-8l con-
tinued
2-TM-82
approved
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MINUTES OF THE KARCR 15, 1982 CITY COUNCIL KEETIXC
24. Application 7-U-8l of Lincoln Property C~aay N.C., Inc.:
Use Perait to construct two office buildings equaling a total of
91,000 sq. ft. in a P (Planned Development with Coaaercial/Office
and Residential, maximum 30 dwelling units per gross acre intent)
zone and Environmental Review: The Planning eo..ission recommends
the granting of a Negative Declaration, The subject proper~y
is located on the north side of Rodrigues Avenue froa De Anza
Boulevard to a point approximately 400 ft. easterly of Torre
Avenue. Recommended for approval.
Stan Scarborough, 1057l Whitney Way, pre.ented Council with a letter
again expressing his concerns on traffic.
Renato G. Martinez, R & M Associates, P. O. Box 177, Los Altos, replied
to Hr. Scarborough's letter stating that perhaps there was a misunder-
standing. Be presented some calculations for both parking and traffic
flow.
Mr. Burch Boone, Lincoln Property Co., explained the changes on the
property design.
Hr. Alf Hodine, 10385 Prune Tree Lane, suggested that placing an
island to deter left turns on any street would discourage traffic.
Charles Short, 10200 Vicksburg Drive, stated the only way to control
traffic is to control growth.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to continue this matter to the adjourned meeting of
Council to be held on Tuesday, March l6, 1982 regarding traffic data.
25. Application 2-TK-82 of Abbass Golpour: Ten~ative Map to subdivide
approximately .9 of an acre into ten condosdnium office units
and one parcel to be held in common ownership and Environmental
Review: The Project was previously assessed, hence, no action
is required. The subject property is located on the north side
of Steve~s Creek Bouelvard approximately mi~-block between Randy
Lane and Blaney Avenue in a P (Planned Development with Commercial
Office Intent) zoning district. Recommende~ for approval.
It was moved by Counc. catto, seconded by :ounc. Johnson and pas~ed
unanimously to approve Application 2-TH-82 per Planning Cú~ission
Resolution No. 2290.
26. Applicatio~ 3-TM-82 of D.C.E., Inc. (Richard Childress): Tentative
Map to consolidate six parcels consisting ~f app·oximately .4
of an acre into one parcel and Environmental Review: The project
was previously assessed, hence, no a:tion is required. The subject
prOpèrty 1s located on the southeast co~ne. of Stevens Creek
Boulevard and Pasadena Avenue in a P (Pla~~~d Develop~nt with
Commercial, Incidental Industrial, and/or R~sidentlal intent)
zoning district. Recommended for approval.
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MINUTES OF THE HARCH 1 ", 1982 CITY COUNCIL MEETING
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to approve Application J-TK-82 of D.C.E., Inc. (Richard
Childress) per Planning Commission Resolution No. 229l.
27. Applicstion 4-TK-82 of CATV Facility Company: Tentative Hap to
consolidate four parcels consisting of approximately .3 of an
acre into one parcel and Environmental Review: The project was
previously assessed, hence, no action is required. The scbject
property is locateJ east of Imperial Avenue approximately 125 ft.
south of Stevens Creek Boulevard in a P (Planned Development
with Commercial, Incidental Industrial and/or Residential intent)
zoning district. Recommended for approval.
It was ~ved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to approve Application 4-TK-82 per Planning Commission
Resolution No. 2292.
28. Application 2-U-82 of Earl Butler: Use Permit to legalize an
existing garage conversion (approximately half the garage was con
verted into a bedroom and bathroom). Environmental Review: The
project is categorically exempt, hence, no action is required.
The subject property is located at 10156 Peninsula Boulevard on
the east side of Peninsula Boulevard approximately 320 ft. north
of Grand Avenue in a P (Planned Development with Residential in-
tent) zoning district. Recommended for approval.
Ann Anger, 10185 Empire Avenue, expressed her concern about this nap-
pening again.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to approve Application 2-U-82 of Earl Butler pe~ Planning
Commission Resolution No. 2293.
ARCHITECTURAL AND SITE APPROVAL COKKITTEE APPLICATIONS
29. Application HC-5l,58l.l - K-Land Construction Company requestinz
approval for site, architecture and lighti~g for a 3,400 sq. ft.
office building. The subject property is "L" shape": and is
located on the south side of McClellan Road approx~mately lOO
ft. west of De Anza Boulevard and continues arOUl1¡ to De Al1za
Boulevard 145 ft. south of McClellan Road. Reco~nded for
approval.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to continue Application HC-5I,581.l of K-Lal1d Construction
Company to the meeting of April 5, 1982.
ITEMS REMOVED FROM CONSENT CALENDAR
II. Resolution No. 5831: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No.5 for
Stevens Creek at Railroad Widening, Project 80-42."
No action was taken on this item.
GC-56l,
Page 7
3-T11-82
approved
4-TK-82
approved
2-U-82
approved
HC-5l,581.1
continued
.6:
Oftedal claim
rejected
Gossett claim
referred to
City Attorney
False alarm
ordinance
...
Geo. H. Buck
Bingo games
at Sr. Center
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MINUTES OF THE KARCH l5, 1982 CITY COUNCIL MEETING
~~FINISHED BUSINESS
31. None.
NEW BUSINESS
32. Claim for damages filed by Dennis Oftedal.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to reject the claim for damages filed by Dennis Oftedal.
33. Claim for damages filed by Bruce Gossett.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to refer the claim for damages filed by Bruce Gossett
to the City Attorney.
34. Review of Ordinance No. 953 pertaining to false alarms and setting
date of public hearing to consider re-enactment of said ordinance.
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to approve staff recommendation (refer to Public Safety
Commission for review and recommendations with a report back to Council
before setting public hearing date), with emphasis on dollars spent
on administrative services/cost saviogs/potential services.
35. George H. Buck - Discussion regarding implementation of zoning
and architectural approval - lOOl2 Foothill Boulevard (Stevens Creek
Boulevard and roothill Boulevard).
Hr. George H. Buck, 543 So. Bascom Avenue, spoke concerning his use
permit.
Council directed staff to report back in three months on the status
of the move-on structure.
36. Request for use of Senior Community Center by various groups
for bingo games.
Council referred the request for use of the Senior Connnunity Center
for bingo games to the Parks and Recreation Commission for study.
WRITTEN COMKUNICATIONS
37. None
ORDINANCES
38. None
RESOLUTIONS
39. None
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MINUTES or 1'HE HAReR 15, 1982 CITY COUNCIL KEE'lIHG
NON-AGENDA BUSIEESS
CC-564
Page 9
40. Recognition by Mayor of special requests.
(a) General Audience - Alf Modine suggested Council may want
to look into uses for garages in the future.
(b) City Council - Rone.
It was moved b, Counc. Gatto, secOl1c!ed by Counc. Plungy and passed
unanimously to sdjourn to 7:00 p..., Tuesday, March 16, 1982.
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puty it Ie
- 5.:lé'~