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CC 11-15-82 þ . , --,~- ~1""'"~~~~~QI¡<~.~,',1·! >;::;"':~:"'I':""~":'T~.,.. >;....''''1'''' .:'., "''':~f''.,J;-~~'J-:~',,~~,;:~~~~:-''I--1''':'':~.., , . CITY OF CUPERTINO, STATE or CALIFORNIA l0300 Torre Avenue, Cupertino, CA 95014 Telepbone; (408) 252-4505 MINUTES OF THE RIGULA1 MEETllIG OF THE CITY COUNCIL HELD ON BOVEKIIJ!R. 15, 1982 IN THE COUNCIL ClWlBER, CITY BALL CUPERTINO, CALIfORNIA Mayor Gatto called the meetin~ to order at 6:53 p... in the Council Chamber, City Hall. SALUTE TO 1'HE PLJ,.G ROLL CALL Counc. Present: Johnson, Plungy, Ro~ers, Sparks, Mayor Gatto Staff Present: Director of Publ~c Works Viskovich City Clerk Cornelius Directur of Planning and Development Sisk Director of Parks and Recreation Dowling (left at 10:15 p...) City Attorney Kilian Assistant City Engineer Whitten (left at 7:l5 p...) Assistant Planning Director Cowan (7:35 p.m.) Associate Planner Piasecki (7:35 p.m.) CDBG Coordinator Hendee S'iAFr REPORTS l. Oral reports by staff members and submission of written reports. The City Manager's report was received by Council. City Clerk's Report Request for waiver of business license fees from Northwest Valley Y - It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanImously to approve waiver of business license fees for December 1982 for Northwest Valley y's Ken's Club. Weed Abatement - It was qoved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 5986 declaring we~ds a public nuisance and setting December 6, 1982 for a public hearing. 2. Status report of United Cable Television conformance with franchise requirements. .,," CG-593 Page 1 NW Valley Y' s Men's Club waiver Weeds abate- ment, Fes. No. 5986 adopted Assistant City Engineer Whitten reviewed the report with Council and Cable TV introduced Randy Zrelak, General Manager, United Cable TV, who answered questions from Counc. Plungy. Mr. Don Mackenzie of the Cable TV Committee also addressed Council re- garding the local origination van. Council requested that United investigate the availability and cost of the use of the Viacom local origination van on an interim basis, . . CC-593 .e2 Transit Line 99 School board Wing Community awards rrogram Consent Calen- dar approved . :.', . ~- ." , 4 ~i' ," i ._';~. .,., ,...- KINUTES or 1'HE NOVEMBER l5, 1982 CITY COUNCIL K:ETING United will provide the City a fully equipped van by May 1, 1983. In the _tiM, 1IIIIIediate need. of the City _, be fll:...d through the portable equ1~nt at De Anza College and the portable equiv-ent located in the Hayward, California sy.t... A report regarding government channel programming will be on the De.:.eber 6, 1982 City Council agenda. Disc.ussion involving this will include ~ broadcasting the City Council and Planning Co.-iss1on .eetings, if and when they would atart and whether they would ~e live or taped. .. (City Clerk's Note: Assistant City Engineer Whitten left at 7:15 p..,) 3. Report on iaplementation of AB 3003: Annexation Process. Council re~eived the report and announced that a closed session would take place at the end of the agenda regarding a matter of possible litigation. C01'llCIL REPORTS Mayor Gatto: Mayor Gatto will follow up with the Transportation Commission a petition that has been submitted regarding Transit Line 99. In regard to the school board meeting of Tuesday, November 16, 1982, staff was directed to attend, observe and make no commitments as the City has no position at this point regarding the purchase of specific school sites. Mayor Gatto and Counc. Johnson met wlch the California Historical Society to look at the possibility of a community awards program which the City would begin. Council directed the Parks and Recreation Coamission to suggest a list of awerds and community groups and activities as possible recipients. City presentations of those awards may be made ut Flint Center in liarch, 1983. Council requested a report back as soon as possible. At the awards ceremony introductory remarks would be made by the Mayor in regard to the "state of the City." CONSENT CALENDAR It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve the Consent Calendar as submitte~. 9. Resolution No. 5975: "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 foe General and Miscellaneous Expenditures for the Period Ending October 29 1982." O. Resolution No. 5976: "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 Hereianfter Described for Salaries and Wages for the Payroll Peri"d Ending November 2, 1982." . . . . . "~\'"1"1"'~'.':-' ""-. ,~, ....'T'..,~';-'>...:7,.; ~-"'t~~·,~ /",ç..~,-- --,,",.--,-~,,+""",!,¡III~~-~ . '- T"~·.~'·' KlNUrES OF TIlE ROVEKBFR 15, 1982 CITY COUNCIL MEETING CC-593 Page 3 11. Resolution 110, 5971: "A Resolution of the City Council of the City oi Cupertino Allowing Certain Claims and ne.ands Payable in the Amounts snd froa the Funds as Hereinafter Described for Genera and Mi8cellaneo~s £xpenditures for the Period Ending October 15, 198:l." ll. Resolution 110. 5978: " . Resolution of the City Council of the City of Cupertino Authorizing Execution of Improvement Agreement, Including provisionR for D~ferred Improvements and Dedication, with Lincoln Cupertino Associates L1aited, a California L1aited Partnership, IIorthwest Corner of Rodrigues Avenue and Torre Avenue." 13. Resolution 110. 5979: "A Resolution of the City Council of the City of Cupertino Authorizing ~ecution of Agreements for Profes- sional Services with William Cotton and Associates, Geologist." 14. Resolution 110. 5980: "A Resolution of the City Cou.1cil of the City of Cupertino Approving Contract Cbange order No. "J. for Monta Vista Park Project 79··53." 15. Resolution No. 598l: "A Resolution of the City Council of the City of Cuputino Amending Resolution No. 5900 Pertaining to Garbage Rates for Senior Citizens." 16. Application BC-5l,18l.l - James H. Coleman - Approval of a reland- scaping plan for ~anta Clara Valley Water District Percolation Pond. The subject property is located at the southeast corner of McClellan Road a:ld Bubb Road. Recommended for approval. l7. Requ~st fcr approval ~f Cupertino Community Center Committee members. 18. Resolution No. 59d3: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. I for Mira- monte Road and Stevens Canyon Storm Drain and Water Main Project 83-06." 19. Request for wáivcr of business lirense fee filed by Purple Heart Veterans Rehabilitation Services, Inc. 20. Minutes of the adjourned regular City Council meeting of October 26, 1982. (CC-589) 2" ~. Minutes of the ad~ou=neá regular City Council meeting of Octo'~r n. 1982. (CC-590) il. Minutes of regular City Council meeting of November I. 19M2 (CC-~91) 23. Minutes of adjourned regular City Councl meetin~ of November 2, 19&2. (CC-592) CC-593 ee4 Proclamation . . MINUTES OF THE N\JVEMBER 15, 1981 CITY COUNCIL MEETING Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Johnson, Plun81, Rogers, Sparks, Gatto None None None (City Clerk's Note: Assi.tant Planning Director Cowan and Associate Planner Piasecki arrived at 7:35 p.m.) ITEIIS Rm>VED FROM CONSENT CALENDAR 24. None ORAL COKKUNIGATIONS 25. Proclamation declaring Nc..ember 21-28, 1981 as "Family Week" in Cupertino. Mayor Gatto presented the proclamation to Dora Bianchini, Charlotte Chastain and Mary Jane Moffatt (President), representative of the Cupertino Federated Women's Club. 26. Hembers of the audience regarding matters not on the agenda. Robert Bruckstein, 10378 Krista, stated that h~ wished to address Cour.~Il regarding cable TV, speeding and unleashed dogs. He asked if there was a way of disconnecting the Escapade cable TV channel when adults were not at home. He was informed that "lockouts" can be purchased. He asked about the possibility of a speed bump on Voss ~venue or some other way of slowing traffic. Council directed staff to look at the problem, and if anything other than additional enforcement were possibl~, staff was to report back. "r. Bruckstein alsJ inquired as to enforcement of the Cit~· ordir..ance regarding leash laws. He was informed that loose dogs ar~ a neighbor- hood problem and was told to contact the City's Code Enforcement Officer regarding this. PUBLIC HEARn:::;s 27. Consideration of regular of police alarm systems and devices. (a) Urgency Ordinance No. 1207: "An Ordinance of the City of Cupertino Reenacting Chapter 10.26 of the Cupertino Municipal Code Regulating Police Alarm Systems and Devices, Repealing Section IO.l6.l80 and Amending Section lO.25.l40, Collection of Charges, Section IO.26.080 and Section 10.26.090 Relating to Notice to Owners and False Alarm Service Charge and Declaring the Urgency Thereof." City Atturney Kilian reviewed the proposed changes in the police alarm syst~œ and device or1inance. ----~- -'7'.-.."<.,, þ . . KIKUTES or 1'HE NOVEMBER 15, 1982 CITY COUNCIL MEETING Jerry (eatin~, chairperson of the Public Safety ColIDission, reviewed the background of the Commission's recommendations. It was mved by Coa. Plungy, seconded by Com. Rogers and passed unan- imously to close the publi~ hearing. It was *'" d by Counc. Plungy, seconded by Counc. Rogers and passed unr. iaøusly tc; ead Ordinance No. 1207 by title only and the City Clerk'a reading to constitute the reading thereof. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed with Counc. Sparks diss~~ing to enact urgency Ordinance No. 1207. 28. City of Cupertino: Public hearing to consider the repealing of the existing Subdivision Ordinance and adoption of a new Sub- division Ordinance within the City. Environu.ental Review: The Planning eo.aiøøion recoaaend~ the granting of a Negative Declara- tion. Rec~nded for approval. (a) Pirst reading of Ordinance No. 1202: "An Ordinance of the City oi Cupertino Amending in its Entirely Title 18, 'Sub- divisions.' and Deleting Chapter 3.28 of the Cupertino Municipal Code." It was moved by Counc. Sparks, seconded by Counc. Plun81 and passed unanimously to grant a Negative Declaration for the subdivision ord- inance and approve staff recommendation with a minute order to be sent to th~ Planning Director that any area presently under General Plan re- view will not be øerged at this time. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1202 by title only and the City Clerk's reading to cor~titute the first reading thereof. 29. Consideration of an appeal of ASAC decision denying a sign and sign progr.. for Curtis Mathes as per Application HC-5l,320.l (filed by Cal-Neon). Director of Planning and Oevelopment Sisk presented a transparency showing the dimensions and location of the proposed sign, Mr. Jim McLay, Cal-Neon Inc., stat~d that the proposed sign is in com- pliance with the City's sign ordinance. He informed Council that Curtis Mathes does not own the property and that the property owner would like to add landscafing at a future time when money is available. Alf Hodine, 10385 Prune Tree Lane, stated that he lives twt' blocks from the Curtis Mathes building and he was in favor of the proposed sign. lt was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to close the publi~ hearing. ".",.,.- CC-593 Page 5 Public hearinr closed d. No. lZ07 read by ti~le Ord. No. 1207 enacted Negative Dec. and Irlnute order Ord. No. l202 first reading Public hearing closed .593 e 6 Appeal tabled HC-5l,320.l referred to ASAC . Pub!"c h..aring cbsed . KINUTES OF 1'HE NOVEMBER 15, 1982 CITY COUNCIL MEETING Counc. Johnson IMIved that the appeal be granted, that the staff review the proposed sign for consistency in color and the1lle with tho: existing sign and that Council review the site in 24 IIIOnths for upgrading in regard to landscaping. The IIIOUDn died for lack of a second. Council tdbled the appeal for one .onth. It was moved by Counc. Sparks, seconded by Count;. Plun81 and paased unanimously to refer Application HC-5I,320.l to ASAC for review of a landscaping/iaprov..ent plan. After review by ASAC, this will coae back to the Council at which time they would review the plan and consider the possibility of deferment. 30. Public hearing to consider use of approximately $180,000 in Coøuunity Development Block Grant Funds. Eligible activities include land acquisition, rehabilitatioI: for low and moderate income persons, public works in support of housing ::T to prevent slUIIS and blight and activities to eliminat£ architectural or other barriers to the handicapped. CDBG Coordinator Hendee reviewed the proposed projects for Community Development Block Grant Funds. Alf Modine, 10385 Prune Tree Lane, asked how government could balance a budget with the "go for all you can" attitude. He stated that funding the.e projects "as not free, that the IIIOney comes from our pocket. He stated, in regard to the PG&E project, that the utility would raise users' bUls. It was moved by Counc. Sparks, seconded by Counc. Plun81 and passed ~anilDOusly to close the public hearing. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed with Gounc. Gatto diseenting ~o include all items listed in the staff recommendation as well as day care for frail £eniors in the request to the County. The energy efhciency ite. would be a competitive item. Staff is to come back f~r final authorization. 3l. Application l2-Z-82 of Community Housing Developers· Rezoning approximately l.2 acres from CG (General Commercial) and Rl-IO (Residential Single-family, 10,OOO sq. ft. minimum lot size) zone to P (Planned Development with residential, lO-20 dwelling units per gross acre 'ntent zone. Environmental Review: The granting ~f a negative is recommended. The subject property is located approximately l50 ft. south of Stevens Creek Boulevard and 280 ft. east of Stelling Road. Reco.-ended for approval. (This application to be heard in conjunction with Application Il-U-8l.) (a) First reading of Ordinance No. l206: "An Ordinance of the City of C~pertino Amending Section 1 of Ordinance No.2 DY Rezoning Approximately 1.2 Acres from CC and Rl-lú Zone to P Zone; Located Approximately l50 Ft. South of Stevena Creek B~ulevard and 280 Ft. East of Ste 11 ing Road," . . . ~', J;',;..,.-~ KINUTES OF THE NOVEMBER 15, 1982 CITY COUNI.:T. MEETING PLANNING APPLICATIONS 32. Application ll-U-82 of Community Housing Developers: Use Permit to construct 27 residential dwelling units. The proposal requeste a density bonus for providing subsidized housing units Cor handi- ca¡>ped individuals and EnvirODlllental Review: The Planning eo.- aiasion rec~nds the granting of a Negative Declaration. The subject property is located approximately 150 ft. south of Stevens Creek Boulevard and 280 Pt. East of Stelling Road. RecoDlll8nded for approvaL Director of Planning aud Development Sisk presented a transparency she ing the site location. He also mentioned that the Cupertino School Die trict had submitted a letter regarding the chain link fence and sug- gesting a solid fence in its place. Mike Moyer, architect, Palo Alto, answered questions regarding sprinklering, parking places and siting. Chief Douglas Sporleder, Central rire Protection District, also spoke in regard to sprinklering. He stated that he felt the estimate given by the architect ($2 per sq. ft.) was high. In response to Mayor Gatto's questioas regarding administration of the units, Katie Dawson of COllllllUDity Housing Developers stated that this would be done through both CIID and a management fi1:la. She informed the Mayor that she would check into what would happen if Community Housing Developers no longer was owner of the development. Mr. Bob Childs, lOl52 Barbara Lane, stated that he did not feel the fire access was adequate. He requested that Council look at it care- fully. He also stated that he had seen the denial of wood shingle siding previously. He felt that such siding was a fire hazard and the appearance deteriorates over time. Therefore, other siding would be more appropriate. Rc also asked if the ramps proposed as firp exits from second stories were adequate. (Mr. Childs was informed that wood singles are not disallowed.) Alf !1odine asked if Council approval would De a carte blanche vote or just for this specific project. He was informed that the measure on the November ballot was for this specific project. Mrs. Seraglia, a neighborin& property owner, stated that if a fire occurred she would be boxed in as there would be a cul-de-sac in the middle of the block. She asked why the road would not go all the way down the block. Discussion followed regarding the fi~e exit ramp and retardant material that would be used in the units. Mrs. Seraglia asked why present residents could not have a 40 ft. road all the way down the block. She expressed concern regarding getting out of the area if ambulances and fire trucks were there. <"".- CC-593 Page 7 ·593 ge 8 Public hearing closed .tive Dec. for l2-Z-82 12-Z-82 approved First reading of Ord. l206 Segat ive Dec. for ll-U-82 ll-U-82 approved . ··,....·-.,.''::"-.-;;."..~0,~·· -":"\-=::~~V,~' ''''-::''';¡'~_~_~ -~.,,:,-'.- ':.;' '....,."'. KINUTES or 1'HE ROVEHBER l5, 1982 CITY COUNCIL MEETING It was IIOVed by Counc. Sparks, seconded by Counc. Plun81 and passed unanimously to close the public hearing. Gouncil discU8sed such ite1ll8 as internal circulation systl!1ll, lack of wheelchair access from the second floor should a fire break out at the raç, and eprinkledng in the kitchen are:lio that would be tied into the plUllbing. Mr. Moyer stated that there vss a stairway at the far extremity in case of emergencies. Be felt that perhaps people in wheelchairs could he placed on the lover level Wlits only. He stated that other maps had been ev..fned but were a cost and planning problem. He stdted that often in aenior cJtizen projects elevators or stairs were the only way out. (There will be an elevator in this building.) Katie Dawson, CRD, stated that she would like to speak on behalf of Bob Zier who first stated that he would not live on the second floor. However, after seeing the plans he changed his mind. Hr. Zier is a physically t.paired person who uses crutches. Bob Childs, 10152 Barbara Lane, informed Council that he has read Section 202 requirements and he felt that all requirements come down to people being in wheelchairs. It was !lOVed by Counc. Sparks, si!conded by Counc. Plungy and pa3sed unanimously to grant a Negative Declaration for Application l2-Z-82. It was moved by Gounc. Sparks, seconded by Coune. Plungy and passed unanimously to approve A?plication 12-Z-82 per Planning Commission Resolution No. 2343. It was ~ved by Goune. Plun81, seconded by Counc. Kogers and passed unanimously to read Ordinance No. l206 by title only and the City Clerk's reading to constitute the first reading thereof. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to grant a Negative Declaration for Application ll-U-82. Discussion followed regRlding CC6R restrictions pertaicing to a second story safety program. It was moved by Counc. Sp,-rks, seconded by Counc. Plungy and passed unanimously to approve Application ll-U-82 per Planning Commission Resolution No. 2344 with the addition of Conditi0n No. 19 to read ~s follows: 19. Prior to the issuance of a building permit, the applicant shall submit a ..nage..nt plan including an occupant safety plan to the City Council for approval. Said document shall be recorded as a covenant running with the land. ···T·'·_r~ ;-".'"-'':''''''~:''' t KlRllTES or THE NOVEMBER 15, 1982 CITY COUNCIL MEE'tING cc-593 Page 9 RECESS: 9:40-10:00 p.m. 31-1. Application l-GPA-80 ~f City of Cupertino: General Plu AJIeftd- ment to consider a comprehensive _nclMnt of the City of Cupertino General Plan and a specific plan for the SteYlO. Cr..k Boulevard Planning area. Tbe Geural Plan .wendMnt will COD- centrate on land uae, traffic circulation, bouaiDa and econ~ic issues which affect the entire cOmBUDity. The Stevena Creek Boulevard Specific Plan will concentrate on the developmant of a more detailed land use, circulation and urban design plan for properties which abut the reach of Stevena Creek Boulevard be- tween Stelling Road on the west and Stern Avenue on the east. The hearing was opened for public input. Burrel Leonard, lOl03 Randy Lane, read a letter Into the record and distributed copies of that letter which pertained to development in Vallco. Alf Modine, 10385 Prune Tree Lane, stated that he felt the Council proposals in regard tc the General Plan did not take into considera- tion the recommendations of the Goals Coøaittee. . Robert Wagner, Prometheus Development Go., stated that suggestions in the memo submitted by Mayor Gatto and Director of Planning and Develop- ment Sisk put developers in a difficult position as they would be un- certain as to how much to do "up front." Be did not feel there were enough guidelines for developers. Mayor Gatto stated that there would be a staged presentation with the concept being reviewed first, then more definitive plans. A complex project could possibly be reviewed in several stages. He stated that the memo submitted was a vehicle to present various concepts. Hr. Wagner suggested that the upper tier seemed to encourage a first come-first serv~d sctuation. He also inquired as to who would be re~ponsible for improving traffic levels where the level of service is currently less than D and asked if the timing of approvals would be shorter, longer or approximately the same. Be was informed that it would probably be approximately the same. Hr. Stevens Hays, resident of Cupertino, asked what the average ~itizen would get out of the proposed plan. He asked how the jobs/housing balance could be ignored and Cupertino maintain a unique role. ~e also requested clarification of part of the memo pertaining to traffic and t aus- portation solutions. Be "tated tl.at he felt the Planning Commission had found the middle road and that Council must consider the jobs/ housing imbalance. . Charles Newman, Cupertino, Vice President, Government Relations, Cham- ber of Commerce, expressed the opinion that more discussion regarding the Nove.ber 12, 1982 memo from Hr. Gatto and Hr. Sisk was needed. He stated that the Chamber needed to review the memo. He spoke in , , ....-;' .-593 ag~ 10 KI!I1ITES or 1'HE NOVEMBER 15, 1982 CITY COUNCIL MEETING support of higher density development at this tt.e. Cha!ber would work in cooperation with the City and reasonable r-lan for growth aud ec01\O\lic growth. Bernie Rij_ns, 19875 Stavens Creek Boulevard, Top Furniture Co., asked where the figure for c~rc1al square footage regarding the upper tier l.vd c_ frma. He was informed that it was derived frma the Questor report. He s~ated that the citizens for a Ray Shannon, 1157 Yorkshire Drive, said that he would like to see sosething more permanent. He also would like to see practical solutions to transportation problems that could be applied now. He felt that tele~ommuting was not reasonable at this time. He presented a trans- oarency regarding Proposition 4 and limited growth. He felt that a circulation policy should be stated that the goal was to reroute commute trafic to major arteries. Mr. Shannon stated that he was still concerned regarding records used to establish levels of service. (City Clerk's Note: Director of Parks ana Recreation Dowling left the meeting at lO:15 p...) During discussion Councit.eabers expressed the following views: . Counc. Rogers stated that she felc the City did need a height liait, especially along boulevards. These included North De Anza frontage, Stevens Creek Boulevard frontage including Town Center frontaRe. She felt that certain benefits should be expected from developers, regardles& ~f density. She stated that the jobs/housing balance is a goal in te~ of what the City would want, i.e. a balanced community. Mayor Gatto asked if the Council should establish a "pie" and how that pie should be distributed. In regard to height of buildings, he felt ther6 was a li~it on each site that could be handled and development would not result in wall-to-wall buildings with the square footage that is being considered. He felt the 1.3 jobs/housing ratio was not absolute but was an arbitrary figure and that if the ratio were at 1.25 or 1.35 it would not be a significant difference. . Counc. Plungy felt that the existing General Plan established a bottom boundary but if the City approved the Planning Commission's recommended plan there should be guidelines and the City should receive some benefits from the increased density. In reg3rd to height limitations Hr. Plungy suggested a 5-8 st~·y liait in Vallco (not including the hotel or areas immediately adjacent to the fr~eway). However, other areas including the Town Center should be restricted to a height limitation of 2-4 stories. In regard to jobs/housing, Mr. Plufigy felt the ratio should be a general guideline perhaps with an upper and lower limit as a goal. Hr. Plun81 recommended a 2-3 story limit for development along Stevens Creek Boulevard and at the Crossroads and a 2-4 story limit along North De Anza Boulevard ; . . - ¡'''';;~;''''7~~''!'".- -;"f",~-' . ';-~·:~G,?~;,.,·t;,:-'f~.'~-;:~":- , .---....."'. KlNUTES or 1'HE NOVEMBER 15, 1982 CITY COUNCIL MEETIRG Counc. Jobnaon expressed the opinion that the City should not necessarily develop and General Plan around a 1.3 jobs/bouainl fOr1mla. It could be a goal. Be spoke in support of Mayor Gatto's propGeal as per h!a _randua. CouDc. Plon81 statecl that he felt there should be an allocation of tha besic "pie" with an upper It.it and bow _h and for wbat. Mr. Alf Modine, 10385 Prune Tree Lane. felt that if the guideline. vere too vide there _, be problems in gettinl an application tbroup the City. It was awed by Counc. Sparks, seconded by Coone. Plun81 and paslled unant.oudy to continue the hearing to 7:00 p..., November 23, 1982, at which time the size and distribution of the "pie" would be discllssed Ann Anger, 10185 Ellpire Avenue, addressed the City Council r..tnding the. that on ICcnNmber 19 there would be a meeting at which the speaker would address tha !allue of the Willow Ulan area of San Jose and coaaute traffic. Also to be discussed vas Community Development Block Grant aenies. She also MOtioned that on November 22 a meeting would be held reaarding R1&hvaY 85. ARCHITECTURAL AND SITE APPROVAL COMKITTEE APPLICATIONS 33. None UNlIRlSRED BUSlNESS 34. Report of staff investigation of abandoned building at Foothill J50ulevard and Stevens Creek Boulevard - George Buck. (a) Re!lOlution No. 5982: "A Resolution of the City Council of the City of Cupertino Declaring its Intent to Conduct a Public Hearing Concerning the Abandoned Building at the Northeast Comer of the Intersection of Foothill Boulev2rd and Stevens Creek Boulevard." It was aoved by Counc. Sparks, seconded by Counc. Rogers pqd passed unant.ously to .,dopt Resolution No. 5982 setting a public hearing regarding the bailding at the corner of Stevens Creek Boulevard and Foothill Boulevard tor December 20, 1982. NEW BUSINESS 35. Claim for damages filed by Mr. and Mrs. R. D. Wardell. It was aoved by Counc. Sparks, seconded by Counc. Rogers and passed c1animously to continue for thirty days the claim submitted by Mr. and Mrs. R. D. Wardell and to direct the City Clerk to so notify claimant. 36. Claim for inde~ity filed by County of Santa Clara in the matter of Anita M. KOmP-r and Alex Komer. CC-593 Page 11 l-erA-80 continued Res. No. 5982 adopted wardell claim con- tinued f-593 ge l2 ounty (Komer) claim rejected Application to fUe late claim denied (Bayazlt) General Plan consultant . Second reading of Ord. 120l Ord. 1201 enacted Second read ing I of Ord. 1199 O~ 1199 e.ed r,-.''"'1i_,'''''''-::--::_' ..""".~~--~",~,'\~\~,,~-,~:..-:~.i~~ .' ':" "./....~. - ~ : ""1,; "",;,"",:' KINUTES or THE IIOVEMIIER 15, 1982 CITY COUNCIL MEETING It vas mved by Counc. Sparks, seconded by Couoc. RDgers and p....d uø-i_1y to reject the claw f"r in~ity filed by the CoaDcy of Santa Clara in the utter of Mr. 8IUÌ Mrs. ItoIIIer and to direct tlw City Clerk to 80 notify clat.aDt. 37. Application to file late claim submitted by Y_azar Ifabi Bayadt. It vas mved by Counc. Johnson, a..conded by Counc. Rogers and p"sed unant.oualy to reject the Application to F~lð Late Claim subaitted by Mr. Bayazit and direct the City Clerk to so notify claimant. 38. Request for special appropriation for consultant services - General PI.m Amendment. It vas mved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to appropriate frOla the General ¥und $6,500 for a General Plan Conaultant and $600 for purchase of census information (total: $7,100). WRI'lTEN COMKUNICATIONS 39. None ORDINANCES 40. Second reading of Ordinance No. 1201: "An Ordinance of the City of Cupertino M. 1cIin. Section 1 of Ordinance No.2 by Rezoning Approxt.ately 850t Acres from Various City of San Jose Zoning Districts to Co~arable City of Cupertino Zoning Districts, Includes the Area Detached from the City of San Jose and Annexed into the City of Cupertino in July, 1979, Enc~assing Approximately 3,500 Homes." It vas mved by Counc. Plungy, seconded by Counc. Srarks and þússed unanimously to read Ordinance No. 1201 by title only and the City Clerk's reading to constitute the second reading thereof. It was ~v~d by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. IlOl. 41. Second reading of Ordinance No. l199: "An ùrdinance of the City of Cupertino Adding Section 2.44.120 E$tablishing Time and Place of Meeting of Architectural and Site Appr~val Committee to the Cupertino Municipal Code." It was ~ved by Counc, Plungy, seconded by Counc. Rogers, and passed unanimously to read Ordinance No. 1199 by title only and the City Clerk·" reading the constitute the second readin6 thereof. It was moved by Counc. Plungy, seconded by Coun~. R~gers ~nd passed unanimously to enact Ordinance No. 1199. ~ . . , .~~q:;~-':"~:' ~.~-~~. '-"::"""~',)7F :.:.~_~_~~~, _! . KINUTES OJ' THE NOVEKBER 15, 1982 CITY COUNCIL MEETING 42. Second reading of Ordinance No. 1200: "M Ordinance of tbe City of CupertiDo .wending Section 16.12.020 Regardinllequired Pre- 1iainary So11 Reports," It _. 80ved by Counc. Plun81, seconded by Counc. Rogers and passed unaniaoualy to read Ordinance No. 1200 by title only and the City Clerk's reading to constitute the second reading thereof. It W88 .-eved by Counc. Plun81, seconded by Counc. Rogers and passed unan1aoualy to enact Ordinance No. 1200. 43. First reading of Ordinance No. 1203: "An Ordinance of the City of Cupertino .wending Section 11.24.150 and 11.24.160 of the Cuper tino Municipal Code, Relating to Stopping, Standing or Parking Duril'g Certain Hours and Providing for Signs Notifying the Public Thereof." It was IKIved by Counc. P1un81, seconded by Couc. Rogers and passed unanilaously to read Ordinance No. 1203 by title only and the City Clerk's reading to constitute the first reading Lhereof. 44. rirst reading of Ordinance No. 1204: "An Ordinance of the City of Cupertino Amending Section ll.20.020 of the Cupertino Municipal Code Relating to Veh1cular Stop Required at Mira Vista at Palm Avenue." It was .-eved by Counc. Plungy, seconded by Counc. Rogers and passed unaniao-aly to read Ordinance N~. 1204 by title only and the City Clerk's reading to constitute the first reading thereof. 45. Urgency Ordinance No. 1205: "An Ordinance of the City of Cuper- tino Amending Various Sections of Chapter 8.~ of the Cupertino Municipal Code Relating to Ant.als, and Der.laring the Urgency Thereof." By consensus, this ordinance was continued to the meeting of December 20, 1982. The meeting w.." adjourned to a closed sesa!on in the Confer',.ce Room at 1l:40 p.m. At l2:00 midnight, the meeting was r~convened in Chamber. Council- members Johnson, Plungy. Rogers, Sparks and Gatto were present as were Director of Public Works Viskovich, City Attorney Kilian and City Clerk Cornelius. It was movEd by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to take the following actions: CC-593 Page 13 Second reading of Ord. No. 1200 Ord. No. l200 enacted First reading of Ord. 1203 rirst reading of Ord. 1204 Ord. 1205 continued Closed session Approve that the Mayor may auth~rize an additional $2,500 for the City' Highway 85 share of Highway 85 Alternative Analysis St~dy. . '. -'.,'~ "^~' 593 KINUTES 01' 1'HE IIUY_U 15, 1982 CITY COIllfCIL KEE'lIlIG ge l4 Res. No. 5987 Adopt Reso1utioa 10. 5981 perta1DiD1 to the City :iaDaaer'. CoIIpeDastion. adopted AB 3O J3 Authorize AS 3003 procedure for -_ation, Traffic inter- Receive info~tioa resard1ng the traffic interconnect systea. connect systea At 12:05 a... the .eting vas adjourned. ~~ff City Clerk ß~~ r- I ! .