CC 10-04-82
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CITY OF CUPERTINO, STATE OF CALIPORNIA
l0300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
KIIIUlBS OF THE REGULAR MEETING or THE CITY COUNCIL
HELD ON OCTOBER 4, 1982 IN 1'HE COUHCIL CBAKBER, CITY HALL
CUPERTIHO, CÞ.LlFORNIA
Mayor Gatto called the aeeting to order at 7:52 p... in Council
Chamber, City Hall.
SALUTE TO 1'HE FLAC
ROLL CALL
Council Present:
Council Absent:
Staff Present:
Johnson, Rogers, Sparks, Mayor Gatto
Plun81
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Direr-tor of Parks and Recreation Dowling (left at
9:45 p.II.)
City Attorney Kilian
Assistant to the City Manager Brown (left at 9:l0 p.m.
STAFF REFORTS
1. Oral reports by staff members and submission of written reports.
CC-587
Page 1
City Manager's Report
W~ed Abat...nt Pr~gram - It was moved by Counc. Sparvs, seconded by Weed abatement
Counc. Rogers and passed unanimously to approve an adjustment in admin-
istrative fees froll 45% to 65% for the weed abatement program.
City Clerk's Report
It was moved hy Counc. Johnson, seconded by Counc. Sparks and passed
unanimously to waive business license fees for th~ Cüpertinø Rotary
Octoberfest to be held on O:tober 9 and 10, 198L.
CONSENT CALENDAR
It was moved by Counc. Johnson, seconded by Counc. Sparks and passed
unanimously to approve the Consent Calendar.
7. Res01..tion No. 5959: "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 17.
1982."
Octoberfest
business
license
I Consent Calen-
I dar approved
,
6587
~e2
e
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MINUTES or 1'HE OCTOBER 4, 1982 CITY COUNCIL MllTIJG
8. Resolution No. 5952: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and ~s Payable in the Amounts
and froa the Funds as Hereinafter Described for Salaries and Wages
for the Payroll Period Ending September 21, 1982."
9. Resolution No. 5960: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order Ro. 1 for Corporation
Yard Parking Lot Resurfacing, Project 79-16."
W. Resolution No. 5961: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Monta Vista
Park, Project 79-53."
11. Resolution No. 5962: "A Resolution of the City Council of the City
of Cupertino Amending the City of Cupertino Deferred Compensation Plan,"
12. Request for waiver of business license fees for '~n Against Violence
in Pornography and Media."
13. Minutes of the regular .eeting of September 20, ]982. (CC-585)
l4. Minutes of th~ adjourned regular meeting of September 27, 1982.
(CC-566)
Vote Members of the City Council
AYES. Johnson, Rogers, Sparks, Gatto
NOES: None
ABSENT : Plung¡
ABSTAIN: None
ORAL COKKUNICATIONS
15. Members of the audience regarding matters not on the agenda.
By consensus, ~ouncil continued this item until later in the agenda.
PUBLIC HEARINCS
l6. Application 7-Z-82 of Lynch-Mikulaco: Pre zoning approximately .24
gross ,re from Santa Clara County KL (Light Industrial) zone to
City of Cupertino KL (Light Industrial) zone and Environmental
Review: The Planning Commission recommends t.he granting of a
Negative Declaration. The subject property is located on the southeast
corner of Imperial Avenue and Olive Avenue approximately 450 ft. south
of Lomita Avenue. Recommended for approval. (To be heard with Applica-
t ion 8-Z-82.)
þ
KIBUTES or THE OCTOBER 4, 1982 CITY COUNCIL MEETING
16. (a) First readin~ of Ordinance No. 1189: "An Ordinance oi th..
City of Cupertino Amending Section 1 of Ordinance Mo. 2 by
Prezoning Approximately .24 Gross A~re fro. Santa Clara
County KL Zone to City of Cupertino KL Zone; Located on the
Southeast Corner of Imperial Avenue and Olive Avenue Approxl-
I118tely 450 Ft. South of Lomita Avenue."
17. Application 8-Z-82 of Mic~hel Lynch: Zoning Approximately .15
Gross Acre to the City of Cupertino KL (Light Industrial) Zone and
Environmental Review: The project was previously assessed, hence,
no action is required. The subject property is located at the end
of Olive Avenue on the east side of Imperial Avenue. This is a
portion of the abandoned right of way of Olive Avenue. Recom-
mended for approval.
(a) rirst reading of Ordinance No. 1193: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordiuance No. 2 by
Zoning Approximately .15 Gross Acre to the City of Cupertino
KL Zone, Located at the End of Olive Avenue on the East Side
of Imperial Avenue."
By consensus, Council continued these ite.. until later in the agenda.
t
l8. Application ll-Z-82 of Andrew Jara (George Somps, et al): Rezonin
approximately l.8 gross acres froo CG (General Commercial) zone
to P (Planned Development with CoDDercial/Office use intent) zone
and Environmental Review: The Planning Commission recoϣends the
granting of a Negative Declaration. The subject property is lo-
rated on the north side of Stevens Creek BoulevarQ approximately
200 ft. west of Blaney Avenue between Blaney Avenue and Randy
Lane. Recommended for approval. (This application to be heard
in conjunction with Application 12-TK-82.)
(a) First reading of Ordinance No. 1198: "An Ordinance of the
City of Cupertino Amending Secti~n 1 of Ordinance No. 2 by
Rezoning Approximatelv l.8 Gro&, Acres from LG Zone to P Zone·
Located on the North Side of Stevens Creek Boulevard Approxi-
mately 200 Ft. West of 8laney Avenue betwcen 8laney Avenue
and Randy Lane."
P~~ING APPLICATIONS
t
20. Application 12-TM-~2 of An~r£w Jara (George Somps, et al): Tenta-
tive Map to subdivide approximat~ly l.8 acres into two parcels
ranging in size from 28,000 sq. ft. to 49,000 sq. ft. anj inviron-
mental Revi"w: The Planning Commission recommends the granting
of a Negative Declaration. The subject property is located on
the north side of Stevens Creel:. Bou1~vard approximately LOO ft.
west of Blaney Avenue between Blaney Avenue and Randv L~ne. Recom
mended for approval. (This application to be heard in cunjunction
with Applicatiun II-Z-82.)
\
CC-5B7
Page 3
7-Z-82 and
8-Z-82 contin-
ued untÜ
later in
meeting
6587
~c4
Public hear-
ing closed
Negative Dec.
for ll-Z-82;
ll-Z-82 ap-
proved as
amended
First 1 ead-
'80f Ord.
Negative Dec.
for 12-TM-82
12-n:-82
approved as
amended
.
KINUTES or THE OCTOBER 4, 1982 CITY COUNCIL ;.ŒETlNC
Andrew Jara, architect representing owners, informed Council that
tbe applicants were willing to work out any questions regarding privacy
of the neigàboring single-faaily dwellings at the use pe~t stage.
He asked questions regarding the effect the present General Plan hearings
might have regarding these applications.
It was moved by Counc. Sparks, seconded by Counc. Johnson and pas..d
unanimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Johnson and paosed
unanimously to grant a Negative Declaration for Application ll-Z-8¿
and to approve Application ll-Z-82 per Planning Commission Resolution
No. 2339 with the following changes:
Condition No. ¿3, second sentence shall be deleted and a sentence
shall be inserted tying the conformance with the Stevens Creek Boulevard
Plan Line to the use permit stage of development.
Condition No. 22 will also state that square footage could be reduced
to ensure privacy.
It was moved Þy Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to read Ordinance No. 1198 by title only and the City
Clerk's reading constitute the first reading thereof.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to grant a Negative Declaration for Application l2-TK-82.
I: was moved by Counc. Sparks, seconded by Counc. Johnson and passed
unanimously to approve Application l2-TK-82 per Planning Commission
Resolution No. 2440 with Condition No. 18 revised to delete the second
sentence and include a sentenc~ tying the conformance with the Stevens
Creek Boulevarrl Plan Line to t.~ use permit stage of development.
ORAL COMMUNICATIONS
15. (continued from earlier in meeting>
Mr. Thomas L. Legan, ~resident, Cupertino Chamb~r uf Commerce, pre-
sented a certificate of appreciation from the Chamber of Commerce
to the City Clerk.
Mr. Legan invited the Council to a fact finding tour of mixed use
developments in suburban communities. Mayor Catto infor~d Mr. Legan
that the Cou~cil would consider this under Council business at thE
end of the meeting and prepare a response.
Mr. Legan informed the }~yor that the Chamber would need a minimum
of one week notice and would prefer two weeks in order to prepare
the itinerary.
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KIRUTES OF TRE OCTOBER 4, 1982 CITY COUNCIL MEETING
Hr. Rick Szabo, Public Safety Commission, addressed Council regarding
the false alarm ordinance and asked if it vas ..ndato~y for the
eo.aission to conduct legal public hearings. After a response by the
City Attorney, it vas determined that the eo.a1ssion would make its
own decision regarding the holding of a public bearing.
16. and 17. (continued from earlier in _eting)
Director of Planning and Development Sisk reviewed the history of the
applications wi~h Council.
Hr. Michael Lynch, applicant, informed Council that he had checked w1th
ASAC regarding necessary t.provements and the Committee had stated that
the application should go to Council first. Hr. Lynch ioformed Council
that the property in the Councy is in confo~nce with their codes.
However, the County has special r~quir..ents for mechanics, and Santa
Clara County had sent the applicants to the City. Hr. Lynch stated
that he was not aware that outside storage was a non-conforming use
within City limits as he had seen such storsge elsewhere along the
street.
The Director of Planning and Development said that outdoor storage is
only legal with appropriate approvals.
þ
Aon Anger, Manta Vista, informed Council that she had a file of cor-
respondence between the County and Hr. Lynch which started January
27, 1982. She stated that on February ll, 1982 the County had notified
Mr. Lynch regarding non-confor.tng use.
The Mayor requested that Ms. Anger make her info~M8tion available to
staff .
Mr. Lynch asked how aany of the letters had actually been addressed
to him (Ms. Anger stated that she did not feel that mattered) and
stated that he has spent money fixing his property.
Barbara Trubell, a resident of Manta Vista residing en lmperial Avenue,
felt that light industrial did not have to be unattractive. She
stated that the cannery owned by Measurex was deteriorating and that
Imperial was a mess as it receives min~ main enance and heavy trucks
do use the street. She said that she would like the applicants to
develop through the City rather than the County because she liked the
standards used for the United Cable buildings and others.
It was moved by Counc. Sparks, se~onded by Counc. Rogers and passed
unanimously to refer Applications 7-Z-82 (Lynch-Mikulaco) and 8-Z-82
(Michael Lynch) to ASAC to determine the extent of any impn"'~ments
to be made, after which it would come back to Council.
þ
Staff was directed to send a letter to the CounLY regarding outside
storage at the Garbini building.
CC-587
Page 5
Public Safety
Commission
public hear-
ings
7-Z-82 and
8-Z-82 re-
ferred to
ASAC
,I"';
',""
, . .' '.' i~., " . .'
.87
e 6
.
Public hear-
ing closed
Res. No. 5963
and 5964
adopted - Hom
land conser-
vation con-
tr;l'.:t cancel-
latiun
.
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KINUTES or THE OCTOBEit 4, 1982 CITY COUNCIL HEETlNG
Staff was directed to prepare a letter to Meesurex for the Mayor's
signature regarding the condition of the cannery building in Monta
Vista.
The City Manager info~d Council that the streets in that area are
not up to City standards and it would require an assessment district
to bring them to City standard..
PUBLIC HEARINGS (cu'tinued)
19. Request for cancell~tio" of land conservation contract 173-111,
Owner - Reo Gee and .~ S~i Rom; APN 362-17-001.
(a) Resolution No. 5963: "A Resolution of the City Council of
the City of Cupertino Making Certain Findings Required by
the California Environmental Quality Act in Connection with
the Cancellation of a Williamson Act Contract Relating
to Real Property and Adopting a Negative Declaration Thereof."
(b) Resolution No. 5964: "A Resolution of the City Coudcil
of the City City of Cupertino Certifying to the County Auditor
of Santa Clara County the Amount of Cancellation Fees to be
Paid Upon Cancellation of a Land Conservation Contract,
Giving Tentative Approval to Such Cancellation, Prescribing
Conditions upon Which This Resolution will be Effective,
Directing the Clerk to Record a Certificate Relating to Such
Cancellation ree When Resolution if Effective; Requiring
Payment in Pull of Cancellation Fee Prior to the Cancella-
tion Becoming Effective; and Prescribing Other Conditions in
Connec t ion Therewith."
Director of Planning and Development Sisk reviewed his report with
Council .
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to close the public hearing.
It as mo"ed by Counc. Sparks, seconded by Counc. Rogers and pass"d
unanimously to adopt Resolution No. 5963 adopting a 'legative Declaration
for cancellation of land contract (Hom) and Res~lution No. 5964 certi~ying
cancellation and setting condition. Council made findings that the
cancellation and alternate use would not result in discontiguous
development and that the alternate use is in conformance with the
General Plan.
ARCHI1ECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
n. None
ITEMS R~~OVED FROM CONSENT CALE~DAR
22. None
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.,'"
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KIIlUTES or 1'HE OCTOBER 4, 1982 CI"!'Y COUNCIL MEETING
UNPDlISHED BUSDlESS
n. Report regarding In3piration Heights,
At the request of the City Attorney, this ite. was ronti_d to the end
of the calendar for closed session.
i4. General Plan Phase I - Scope and Schedule.
(a) Policy regarding applications being filed under the existing
General Plan.
Director of Planning and Development Sisk reviewed his ..80 relating .0
a policy regarding applications being filed under the existing General
Plan. He informed Council that he will provide inforsation pertaining
to this at the the meeting of October l2, 1981. Council requested a
list of use permits granted but not yet acted upon.
Mayor Gatto reviewed his memo regarding strategy and work program for
the General Plan. Discussion followed regarding State law and the need
for the Council to refer the General Plan back to the Planning Com-
mission if new information not previously available to the Planning
Co..tssion were discovered. It would not be necessary for the Planning
Co..tssion to hold public hearings at that time, but merely to report .
back to Council. However, the City Attorney statet that he would prefe
public hearings.
By consensus, Council requested that the economic and housing con-
sultants be '.resent at the October l2 meeting to answer questions durin
the General Plan discussion. Staff will present alte.natives and costs
in a clearer form and submit information regarding State law and
housing.
Council will review the General Plan material, assimilate it, conduct
~ublic h~arings, make a decision and send it back to the Planning
Commission if a signifi·:ant change is made.
NEW BUSINESS
25 Status report from "Connnittee for Cupertino Community Centerll -
presented by Jo Celio.
Jo Celio from Committee for Cupertino Community Center addressèd Counci
~nd reviewed the Committee's discussions and recommendations.
(City Clprk's Note: Assistant to the City Manager Brown left at 9:10
p.m.)
It was moved by Coune. ~pa~ks, seconded by Coune. R0gers and passed
unaniml"lus1v tx approve that the City work cl')sely with the Cupertino
Schou I District to d4:;:ter~ine future lo'se of sCÌlool sites not held ill
per~~nent inventory.
tf'/..."..
CC-587
Page 7
General Plan
strategy
and work pro-
gram
Use of school
;,ites
.
t1I:587
e 8
eaa estab-
1 ished re
co...."1 tty
center
el ic safety
fund1ng
Secf\nd re--¡d-
ing of Ord.
1192
Ord. 1192
enacted
.
.
I'.IHUTES OF THE OCTOBER 4, 1982 CITY COUNCIL MEETING
Council establ1øhed a team of 8 ..-hers to .y~.ine available school
sttes and deter.1ne the best facilities for child CAre and other
services of . eo.øunity fent,r. The teaa shall consist of two City
staff me8bera (..lected by the City Manager), two sppointed by the
Cupertino School District, one appointed by the rrel80nt High School
District, .n4 three recommended by the Coœadttee for the ~upertino
ee-unity CenCer and conf1rme~ by Council. The ten w111 look at sites
and coats. ~ Director of Parks and aecreation will draft a letter
regarding the t... for the Mayor's signature to send to the various
agencies.
27. Acceptance of the traffic signal interconnect project, Rosendin
Electr1c, Project 78-12.
This item was continued to the end of the calendar for a closed session.
28. Discussion regarding future plans for providing public safety
needs in Cupertino.
Council discussed the possibility of a questionnaire of the public
regarding public safety services.
(City Cler~'s Mote: Director of Parks and Recreation Dowling left
at 9:45 p.m.)
By consensus, Council directed £taff to report back in thre~ months
with information pertaining to alternate ways of funding public safety
methods for the C1ty. This information 1s to be updated and presented
to Council annually and shall be a supplement to the consultant's
report. ~t shall incluie information regarding skeleton implementatio~.
Council also r~uested information regarding the Mill Valley insurance
program.
WRITTFN COKKUNICATIONS
29. None
ORDINANCES
30. Second reading of Ordinance No. 1192: "AD Ordinance of the City
of Cupertino Revising Section 2.08.090, Order of Business, of
the Cupertino Municipal Code."
It was moved by Coun=. Rogers, seconded by Counc. Johnson and passed
unanimously to read r-1inance No. l192 by title only and the City
Clerk's reading to constitute the second reading thereof,
It was moved by Counc. Rogers, seconded by Counc. Johnson and pas~ed
unanimously to enact Ordinance No. ll92.
RESOLUTIONS
31. ~one
·
.
·
·
,
MINUTES OF THE OCTOBER 4, ~982 CITY COUNCIL MEETING
NON-AGENDA BVSINESS
32. Recognj~ion by Mayor of special requests.
(a) General Aud~enc~.
Hr. SaID Young request?" -:J.uif1cation rcgarding the October 12 General
Plan meeting. He stated that CQndominiuID conversi~L ~eop1e had been
told to attend the October 12 .eeting and they would h~ve the oppor-
tunity to address CouLcil during public hearings.
Mayor Gatto informed Mr. Young that Jf L.unci1 wished to consider
condominium conversion, that would be folded into the 3(;1).,," of work
for the General Plan. However, i~ would he taken up on ~c.ober 12, but
without public input.
The City Attorney stated that individuals can speak under public testi-
mony.
Ger."l'a~ Planmeetingswi1l be held at 7:00 p.m., October 26, and 27,
1982. An additional meeting will be held November 2, 1982 if necessarv
(b) City Council.
Council discussed the request of the Chamber rcgarding tour of mixed
use sites in suburban communities. The Council will be attending the
League of California Cities meeting in San Diego starting October 17.
Various shopping centers and hotels could be toured during that time.
Counc. Sparks stated that if he cocld just have a list of e~amples
rather than a guided tour, he would view the sites. Counc. Johnson
stated that he and Counc. Plun81 could tour sites on Saturday, October
16, 1982.
The City Clerk will contact the Chamber regarding proposed fact find1ßg
trip to view hotels and shopping centers in Los Angeles area.
~taff was directed to contact the State regarding blocking access to
85 corridor near De Ar.za College.
Staff was asked to monitor and report back regarding rat problem in the
area.
At 10:26 p.m., Council adjourned to a closed session in the Conference
Room.
Council reconvened in Chamber at Il:20 p,m. Coun~ilmembers Johnson,
aogers, ~parks, anå Mayor Gatto were present. Staff members Quinlan
and Cornelius were also present.
It was 1L',ved by Coun. Sparks, seconded by Counc. Johnson and passed
unanimously that dlscussion regarding Inspiration Heights be continued
for receipt of a report from the Director of Planning and De"elopmeI"!t.
CC-587
Page 9
Inspiration
Heights
.
~587'
re lO
.
Interconnect
Project ac-
cepted
Creston
.
.
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KIIIUTES or THE OCTOBER 4, 1982 CITY COUNCIL KEJ:TI1(G
NEW BUSINESS
27. (c01lUnued frOlD earlier in meeting)
It was IIOwd by Counc. Sparks, seconded by Coune. Rogers and pas.ed
unaniaoua1y to accept Traffic Signal Interconnect Project 73-12,
Rosendin Blectric.
By consen8us, diac~ssion regarding Creston ,·t&S continued to October 12, 198¿.
4¿~:
City Clerk