CC 09-20-82
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Aven'Je, Cupertino. CA 95014
Telephone: (408) 252-4505
00-585
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MINU1ES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON SEPTEMBER 20, 1982 IN THE COUNCIL CHAMBER, cm HALL
CUPERTINO, CALIFORNIA
May~r Gatto called the meeting to order at 6:05 p.m. in the Conference
room of City Hall.
Council present: Johnson, Plun81, Rogers, Sparks, Mayor Gatto
Staff Present: Citv Manager Quinlan
City Clerk Cornelius
Interviews were held for appointment to the Cupertino Planning Com-
mission. Those interviewed were Victor Adams, Sandra Blackford, John
Claudy, David Klinger and Robert Sabath.
It was moved by Coune. Spark... seconded by Counc. Rogers and passed
unanimously to recommend that the Mayor appoint Victor Adams and John
Claudy to the Pla~ning Commdssion. Mayor Gatto made those appoint-
ments.
At 7:l7 p.m., Council adjourned.
The meeting was called to order ~n Council Chamber at 7:18 p.m.
Council interviewed Sandra Blackf~rd, Helen Ewbank, Joaan Minnick and
Robert Sabath for openings on t~e Parks and Recreation Commission.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to recommend that the Mayor appoint Helen Ewbank and
JOdnn Minnick to the City's Parks and Recreation Commission. Mayor
Gatto followed that recommendation.
Sandra Blackford and Robert Sabath were interviewed for appointment to
the Library Commission.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously that the Mayor appoint Hr. Sabath and Ms. Blackford to
the City's Libary Commissio~; :1ayor Catto followed Council's recom-
mendation.
(City Clerk's Note: Dire~tor of Parks and Recreation Dowling left
the meetin6 at 7:35 p.m.)
SALJIE TO THE FLAG
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IIThUTES OF THE SEPTEMBER 20, 1982 CITY COUNCIL MEETING
ROLL CALL
Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto
Staff Preaent: City Manager Quinlan
City Clerk Con.elius
Director of Public Works Viskovich
Director of Parks and Recr«ation Dowling (left at 7:35 p.m.)
Assistant Planning Director Cowan
City Attorney Kilian
Assistant City Engineer Whitten (left at 9:45 p.m.)
~ssistant to the City Manager Brown (left at 9:50 p.m.)
CONSENT CALENDAR
Mayor Gatto removed Item 10. It was moved by Counc. Johnson, seconded
by Counc. Rogers and passed unanimously to approve the balance of the
Consent Calendar. Kayor Gatto abstained on items l6 and 17.
7. Resolution No. 5943: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Amendments to Agreement
betwen the City of Cupertino and Gates, McDonald for Administration
of the City's Self-Insured Workers' Compenaation Program."
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8. Resolution No. 595l: "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 Sc.laries
and Wages for the Payroll Period Ending September 7, 1982."
9. Resolution No. 5950: "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 3,
1982."
10. Removed.
11. R£_~lution No. 5953: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. I for Miramonte
Road and Stevens Canyon Storm Drain and Water Main Project 83-06."
12. Resolution :;0. 5954: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Agreement
between the City and the State of California, Department of
Transportation, Providing for the Modification of the T.affic
Control Sigoal Systems, Safety Lightng, Ramr W~dening, Street
Widening and Channelization at the Intersections of De Anza Boulevard
and Státe Highway Route 280 Off Ramps."
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KllIUTES or 1'HE SEPTEMBER 20, 1982 CITY COUNCIL IfDTIBC
13. Resolution No. 5956: "A Resolution of the City Council of the
City of Cupertino Accepting a Grant of Eaaaent for !llergency
Vehicle Access snd Public Services Purpo... frœ Otis 1'. Forge
and Muriel N. rorge, Tract Bo. 7393; North of Route 280, East of
De Anza Boulevard."
l4. Resolution No. 5957: fA Resolution of the City Couacil of the
City of Cupertino Approving the Final Map and IIIprov_nt Plans
of Tract No. 7393, North of Route 280. East of De ADza Boulward;
Developer, De Anza-rorge, A Liaited PartDership; Accepting Cer-
tain Easements, Authorizing Signing of Pinal Map and Improve;aent
Plans, Authorizing the Execution of Agr_ts in Connection
Therewith. "
l5. Acceptance of City projects performed under contract: Stevens
Creek Boulevard at Railroad Widening, Project 80-42.
l6. Jlinutl!s of the regular ...eting of the City Council, September 7,
1982. (CC-583)
l7. Minutes of the adjourned regular meeting of tlu! City Council,
September 13, 1982. (CC-584)
Vote
Members of the City Council
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AYES:
NOES:
ABSENT:
ABSTAIN :
Johnson, Plun81, Rogers, Sparks, Mayor Gatto
None
None
Gatto (on items l6 and l7 only)
ORAL COMMUNICATIONS
Members of the audience regarding aatters not on the agenda.
Ann Anger, lOl85 Empire Avenue, informed Council that she had met with
Sally Reed, County Executive, regarding the County's budget, and she
compared for those present the size of the present County budget to
one from many years ago.
Mr. Louis Paviso, San Juan Road, informed Council that he would wish
to apeak in regard to Agenda Item No. 19.
PUBLIC HEAR INGS
19. Inspiration Heights, Lot 309, request for issuance of a buildinR
permit (Leo Bianchi).
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Assistant Planning Director Cowan reviewed the history of the Inspira-
tion Heights area with Council and suggested a compromise solution
regarding issuance of building permits and merging of lots.
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CC-585
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MINUTES OF THE SEPTEMBER 20, 1982 CITY COUNCIL flEETING
Hr. J. Robert Dempster, lawyer representing Hr. Bianchi, stated that he had
additional factr to present regarding County hearings that were held regarding
Inspiration Heights prior to the City's annexation of the area. He stated that
at present only Lot No. 309 was òeing addressed. He stat~d that he would
prefer not to go to l!tigation with the City and that the County had recognized
the area as a legal subdivision. He stated that Hr. Bianchi had started develop-
ment while still under County jurisdiction and that City staff had knowledge
of Hr. Bianchi's plans to develop Lot 309.
City Attorney Kilian asked Hr. Dempster if the s!x surrounding lots whiCh were in
Mr. Bianchi's possession in 1968 had been transferred to relati~!i without con-
sideratio{, or if they were bonafide transfers. He reviewed for Council's infor-
mation previous work that had been done toward development of th" property.
Hr. Leo Bianchi, 20731 Carniel Avenue, stated that he had asked County for a
permit in 1974 or 1975 and had been referred to the "city of influence" which was
Cupertino. He felt he did not receive good treatment from the City and so
applied to the County. The Board of Supervisors had referred him back to Cuper-
tino. He stated that Cupertin~ would not let him have water. He felt that the
Board of Supervisors did not want the hills developed; however, the development
was legal under the Government Code. He stated he had applied with the County
for a permit, but the Board of Supervisors said that the area was under considera-
tion for annexation.
Louis Paviso, San Juan Road, representing Ann Hansen, asked if Ms. Hansen would
get a building permit. He stated that Cupertino does fiOt compromise. He stated
he had brought some legal documents with him and showed them to those present:
a U. S. Passport, California birth certificate, a license to fly an airplane,
a license to drive cars in European countries, another birth certificate, a deed
to property consisting of three lots. He asked how Council could take those
away from him. He further stated that before Cupertino ran a red line on the
map and divided the property so no cne would have lOO acres, they grabbed the
land through MORGA, He stated that at the time of MORGA annexation hearings the
County would not let property owners speak. He's been ,aying taxes on these
pieces of property the last four years; he pays on three lots. (Bills from county
sewer district were shown for three lots. He was infolmed that was not the
issue being discussed.) Mr. Paviso stated that the issue for Mr. Bianchi is the
same for the other property owners.
Hr. Dempster said that he thinks and believes that the law is on the property
owner's side. He requested that if Council did not wish to grant the building
permit at this time, that they ask legal counsel to research the matter and give
a written opinion on which they could base a decision. If this is done, he would
like to receive a copy of that decision.
It was moved by Coune. Plungy, seconded by Coune. Johnson and passed unanimously
t. close the public hearing.
Ci~y Attorney Kilian stated he felt this was a zoning issue and not a map act
issue. Anamendment to the General Plan would have to be adopted and an applica-
tion for such could be filed,
Mr. Dempster told Council that he did not necessariJy agree with the City
Attorney's statements ~ut if it would resolve the matter to request a Gen¿ral
Plan amendment, he would be willing to do so as long as it woulJ not
prejudice his PQsition.
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MINUTES OF THE SEPTEMBER 20, 1982 CITY COUNCIL MEETING
It was moved by Counc. Plun81, seconded by Counc. Rogers and passed
unanilaously to hold this item in abeyance and to send a œ:inuts order
to the Planning Coaaission requesting an evaluation of the General Pia
as it applied to Inspiration Heights. All property owners in the area
will receive notice regarding the hearing3. Staff will report back to
Council regarding costs for such things as studies that will be
necessary.
PLANNING APPLICATIONS
20. None
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
21. None
ITEMS REMOVED FROM CONSENT CALENDAR
10. Resolution No. 5952: "A Resolution of the City Council of the
City of Cupertino Defining the Extent of Dam~ge Done to Cupertino
Streets by Santa Clara County Transit Buses and Requesting Said
District to Reimburse on a Pro Rata Share with City to Repair and
Maintain Said Damaged Str!!ets."
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It was m.N"d by Counc. Plun81 and seconded by Counc. Johnson to adopt
Resolution No. 5952. The motion was defeated with Councilmembers
Gatto, Rogers and Sparks dissenting.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
with Counc. Sparks dissenting to resubmit Resolution No. 5952 at the
meeting of October 4 if there is any additional information available.
NEW BUSINESS
24. Review of Analysis of Public Safety Needs anJ Alternative Service
Approaches.
City ¡.{anager Quinla:l introduced Rich Hughes, consultant frOlll Hughes.
Heiss and Associates. Counc. Rogers, Chairperson of the committee
working with Mr. Hughes, stated that the committee did not serve in an
advisory capacity to Council but merely worked with Mr. Hughes.
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Mr. H~ghes proposed that the City of Cupertino maintain the status
quo at this tIme. ~e recommended that the City continue to monitor
the costs with the Sheriff's Office and Central Fire Protection Di~-
trict. He will provide the methodology for staff to do an annual
update~ analysis. Things to lcok for that might trigger a change in
the method of delivery for p~blic safety would be pressure for in-
creased costs, unwillingness to continue services, or lack of reason-
able negotiators.
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KINUTES OF TOE SEPTEKBER 20, 1982 CITY COUNCIL MEETING
Council requested that the agenda for the meeting of October 4 include
discussion on where the City w1she~ to go regarding public safety needs.
Such items as cootingency funds, Iblic questionnaire, etc. will be dis-
cussed.
Nick Szabo, Public Safety Commission, expressed conc£rn regarding maintenance
of the high professiooal level of the Sheriff's Department should Cuper-
tino ever establish its own police department.
25. Permit parking in residential area.
(a) Urgency Ordinance No. 1197: "An Ordinancr of the City of
Cupertino Amending Title 11 of the Municipal Code by Adding
Thereto Section ll.27 Entitled 'Permit Parking Zone', and
Declaring the Urgency Thereof."
(b)
"A Resolution of the City Council of
Designating Streets Subject to Permit
Resolution No. 5958:
the City of Cupertino
Parking. "
Mary Jane Moffet, Pepper Tree Lane, answered questions from Council re-
~arding those who did not wi~h permit parking on the streets specified.
Bob Childs, Barbara Lane, presented a letter from Cupertino Union School
District expressing concerns regarding permit p"rking :luring events held
at Faria School. Council requested that the Scheol District submit d list
of planned events to the Public Works Department. During these events,
permit parking would not ~e enÌorced.
It waoJ moved by Counc. Plun81' seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. ll97 by title only and the City Clerk's
reading constitute the reading thereof.
It was ~oved by Counc. Plun81, seconded by Counc. Rogers and passed
unanimously to enact Urgency Ordinance No. ll97.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimou~ly to adopt Resolution No. 5958 amended so that permit parking
on Barbara Lane would be on the east side only.
26. Cable t£levision location, origination, and community access.
Assistant rity Engineer Whitten reviewed staff report with Council.
It was moved by Counc. Sparks, seconded by Counc. Johnson and passed
unanimously to approve conceptually a partnership with Sunnyvale regarding
certain Cable TV progra~ing and direct staff to proceed with discussions
with Sunnyvale, De Anza College and United Cable.
(Citv Clerk's Note: Assistant City Engineer Whitten left at 9:45 p.m.)
27. Human Services Funding Committee recommendations.
It was moved by Counc. Sparks, seconded by Counc. Johnson and passed
unanimously to approve the following funding for 1982-83:
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MINUTES OF THE SEPTEKBER 20, 1982 CITY COURCr.:. MEETING
CC-585
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Cu~ertino Community Services
West Valley Nutrition prograa
Cupertino Senior DBy Services
Hid-Peninsula Support Network
The Food Bank
Long TenD Care OIIbud8III8D Program
$l,500
1,250
1,000
2,000
2,250
1,000
(City Clerk's Note: As8istant to the City Manager Brown left at
9:50 p.m.)
28. Request fo~ authorization to retain consultant forfraffic Sigaal
Interconnect.
Director of Public Works Viskovich answered questions from Council re-
gardinll the traffic interconnect systea.
It was moved by Counc. Sparks, seconded by C01mc. Rogers and pas8ed
with Counc. Gatto di8senting to authorize staff to retain OKNI-KEANS,
Ltd. to assist in developinll timing patterns for the traffic inter-
connect. Staff was directed to send a letter to Multisonics that
recommendation for acceptance of their project ia expected to be sched
uled for the October 4, 1982 Council aeeting, at which time liquidated
damages would stop.
29. Plan of service8 for 1982-83 under law enforcement, Sheriff'8
Contract.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve the plans for service8 for 1982-83 Law Enforce-
ment subject to verification that twO units (5-l8 and 5-19) had not
been eliminated from Watch III.
30. Claim for damages: Beverly G. Russell.
It was moved by Counc. Plun81, seconded by Counc. Sparks and passed
unanimously to reject the claim filed by Beverly G. Russell, and to
direct ,he City Clerk to so notify her.
3l. Claim for damages: Evelyn Geaberg.
It was moved by Counc. Plun81, seconded by Counc. Rogers and passed
unanimously to reject the claim filed by Evelyn Seaberg and direct
the City Clerk to so notify her.
32, Waive~ of business license fees and parade permit, Cupertino
Tournament of Bands.
It was move¿ by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to waive the business license and parade permit for the
Tournament of Bands parade, October 9, 1982.
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MINUTES OF THE SEPTEMBER 20, 1982 CITY COUNCIL MEETING
33. Resolution No. 5955: "A ResoluUon of the City Council of the
City of Cuperti-o Authorizing Execution of Agreeaent beÞõeen the
City and Kirkeby and Associate., Inc. Providing for Engineering
Services for Homestead Road Stom Jrain."
It was moved by Counc. Rogers, seconded by Counc. Sparka and passed
unanimouslY to adopt tteso1uUon Ro. 5955 and to appropriate $200,000
for construction of the stOI'lll drain and $22,000 for engineering services
frOll the Master StOI'lll Dtain rund.
WRITTEN COHM\J!lICATIONS
34. Letter frOlD Davis, Young and Mendelson (condominium conversion).
A General Plan public hea~ing will be held by Council at their meeting
of October 12, 1982. Any future joint meetings of City Council and Planning
Commission will be chaired by the lIayor,and the City Council wIll be
considered the "lead agency."
Hr. Rich Sharrod, Davis Young and Mendelson, req~ested that Council
consider their 1etur on October 12 and expedite any decision regarding
condominium conversion policy.
ORDINANCES
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35. First re~ding of Ordinance No. 1192: "An Ordinance of the City
of Cupertino Revising Section 2.08.090. Order of Business, of the
Cupertino Municipal Code."
It was moved by Counc. P1un81 seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1192 by title 0nly and the City Clerk's
reading to constitute the first reading thereof.
36. Second reading of Ordinance No. 1197: "An Ordinance of the Ci':y
of Cupertino Amending Title II of the Municipal Code by Adding
Thereto Section l1.27 Entitled 'Permit Parking Zone'."
This item was removed from the agenda for second reading as it was
enacted as an urgency ordinance earlier in the meeting.
37. Second reading of Ordinance No. 1194: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately .15 Gross Acre from City of San Jose Rl-B6 to City
of Cupertino Rl-6 Zone; Located on the East Side of Weymouth
Drive Approximately 230 Ft. North of Rainbow Drive at l224 Weymouth
Drive~"
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lt was moved by Counc. Plungy, seconded by Counc. Sparks and passed
wlan~mously to read Ordinance No. 1194 by title only and the City Clerk's
reading to cunstitute the second reading thereof.
It was moved by Courac. Pluragy, seconded by CO·JßC. Sparks and passed
unanimo~qly to enact Ordinance No. ll94.
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MINUTES OJ fIlE SEPTEK8Ei 20, 1982 CITY COUNCIL MUTING
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38. SecO'ld reading of Ordinance No. 1195: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance IC'. 2 IJ¡ PTezoning
Approxillately .15 Gross Acre froa Santa Clara County 111-8 Zone
to City of Cupertino Rl-7.5 Zone; Located on the East Side of Byrne
Avenue Approxillately 66 rt. IIort:t of Laaita Avenue and 156 Pt.
South of Rermosa Avenue (10168 Byrne Avenue.)"
It was ~ed by Counc. Plungy, seconded by Counc. Sparks and pa....elS
unanimously to read Ordinance 11o. 1195 by title only and the City Clerk'
reading to constitute the second reading thereof.
It was moved by Counc. Plun81, seconded by Counc. Roger.. and passed
unanimously to enact Ordinance No. ll§'5.
RESOLUTIONS
39. None
NON-AGENDA BUSINESS
40. Recognition by Kosyor of special requests.
(a) General Audience - None
(b) City Council - IIone
STAFF RElORTS
l. Oral reports by stsff members and submissiml of written reports.
City Manager's Report
L..tter from Scottsdale regarding "Cities for Cabl.." - By consensus,
Council directed the City Attorney to review the proposal to join the
"Cities for Cable" and instructed staff to adviae the League of Cal-
ifùrnia Cities regarding the letter received from Scottsdale and request
input as to possible alternatives to the coalItion. Consider~tion of
any financial contribution to "Cities for Cable" was tabled until the
City Attorney's report is received.
Letter from Gill Cable Notifying City of Increase - By consensus, the
letter from Gill Cable regarding a rate increase was referred to the
City Attorney.
Notification of Appointmenc Requirement to Flood Control Zone Advisory
Committee by the Santa Clara Valley Water District - By consensus,
Counc. Johnson was reappointed to the North Central and Northwest Flood
Control Zone Advisory Committee, with Director of Public Works Vis-
kovich and Director of Planning and Development Sisk as alternates.
COUNCIL REPORTS
Mayor Gatto announced a meeting of the hazardous waste model ordinance
committee on September 23, 1982.
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KlNUTES 0' 1'HE SEPTEIJI!IER 20, 1982 CITY COURCn. IID'lI"G
Council inquired if the conditions of the City'. contract with Hr.
Pollack still vere applicable to the site even tboulbt it had been sold.
Staff w.. ,lirected to look at different -.1ct'ophoDas for Council Chamber
(to be cOvccUDated witb Cable TV needs).
At 11:30 p..., Council adjourned to 7:30 p..., Sept_bar 27, 1982 for
a joint -tinS witb the PlazminS C.-ies1on.
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