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CC 12-20-82 <.,....,..""'I'~,.".."'.~~¡-,.."""';"~""'" . -,.., . , , · · · '~'I:"1',,!,_~o,:-" :",i'!, ""',",,~.-¡;_~:,,~:'f';,\":::-,,'":~ ..)':"""":,...." :'Þ''''''':' ',yR'!'-~"'· <c,~'''''~,:''''''~''<r , CITY or CUPERTINO, S'l'ATE OF CALI!ORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telepbone: (408) 252-4505 KINUTES or 1'HE UGULAIl MUTING 07 1'HE CITY COURCIL HELD ON DEC1!KIIER 20, 1982 I1f 1'HE COUNCIL CIWIBEa, CITY HALL ¡;uPd'ItlIO, CALlFOIUIIA ! CC-596 ; Page 1 Mayor Gatto called the melOt1n¡ to order at 6:45 p,.. in the Council Chaaber, City Hall. SALUTE TO 1'HE ".AG ROLL CALL CoW1C. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: Director of Public Works Viskovich City Clerk Comelbs Director of Parks md Recreation Dowling As"istant to the C..ty Manager Brown Assistant Plar.ning Director Cowan City Attorney «1118n STAll REPOltTS 1. Oral reports by staff members and submi~9ion of written reports. The City Manager's Report and the City Clerk's Report were accepted by Council. COUNCIL REPORTS Mayor Gatto: The Task Force that was formed to establish a cost! benefit .~st for development will meet again on January 5, 1983. Counc. Plungy: City of Cupertino Sister City Committee - By consensus Council selected the Senior Center for the site of the Sister City banquet that will be held January 18, 1983. Hr. Dan O'Keefe informed Council that he will notify thooe coming from Toyokawa that the trip he is planning for them to Lake Tahoe is not part of the City's Sister City program. I Sister City banquet CONSENT CALENDAR It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to approve the Consent Calendar as submitted. Consent Calen· 'dar approved (Item 16 was approved as per revised copy submitted by staff.) 7. Resolution No. 5969; "A ResGlution of the Ctv Council of th~ 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 November 24, 1981." -r'''.~~.~-''",:"'''''' 'T'· , t ! KIIIUTES or THE DE:EKBER 20, 1982 CITY COUNCIL MEETING .9~ . . r '~--:'.~,,~!!!~".<:"';.-'-" - ~ ....~. -:1' .:-:;~~-. .. 8. Resolution No. 5998: "A Resolution of ~he City Council of the City of Cupertino Allowing Certain Claillls and De1l8Uds Payable in the Amounts and fro. the lunds as Bereianfter Described for Salaries and Wages for the Payroll Period Bncling November 30, 1982." 9. Resolution No. 6000: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Eas£_nt for Roadway Purposes fro. lepart Creek Estates, Ltd., a California Lilait..1 Partnership. Loccted Northerly of Orogrande Place." lO. Resolution No. 6001: "A Resolution of che Cief Council of the City of Cupertino Accepting a Grant of Easement for Emergency Vehicle Access Purposes frOl8 Wayne Sargent and Gloria Sargent; Located Nortberly of Orogrande Place." n. Resolution No. 6002: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Public Service Purposes fro. Wayne Sargent and Gloria Sargent; Located Northerly of Orogrande Place. 12. Resolutimt No. 6003: "A Resolution of the City Council oi the City of Cupertino Approving Contract Change Order No. 4 for Miramonte Road and Stevens Canyon Storm Drain aud Water Main Project 83-05." 13. Resolution Bo. 6o.J4: "A Resolution of the City Council of the Ci'.y of Cupertino Approving r.ontract Change Order No. 3 for Manta Visca Park Project 79-53." 14. Acceptance of municipal improvements: (a) Margaretcih ~onstruction, Inc. - Crescent Road. (b) Richard and Ramona Taylor and Bonnect Construction - Southeas. corner of McClellan Road and John Way. l5. Minutes of tbe adjourned regular City Council meeting of Novembe· 9, 1982. (CC-592-A) 16. Minutes of the adjourned regular City Council meeting of November 23, 1982. (CC-594) l7. Minutes of the regular City Council meeting of December 6, 1982. (CC-595) Vote He~rs of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto ~OES : None ABSENT: None ABSTAIN: None 7"""....'.-·~ " , · · · --, ( I CC-596 Page 3 , KINUTES OF 1'HE DECEMBER 20, 1982 CITY COUNCIL MEIITING ITFJIS RÐÐVED FROM (;()!lSENT CALENDAR l8. None ORAL COtItUNICATIONS 19. Ke10bers of the audience regarding matters not on the agenda. Hr. John Vidovich addressed Council regarding an application hr baa submitted rega~~1rg development of an office buildIng along Highway 9. He asks' if it were necessary to wait until the n_ General Pl,n AMDd- ment i.. approved prior to any action on the application. He was in- formed that the application was not in conformance with the General Plan. Assistant Planning Director Cowan stated tltat staff would work with Hr. Vidovich and that perhaps the matter could be handled with a revision I to the trip end ....nual. Staff will r"port back to Council ':egard~g this ....tter. In the meantime, the application could proceed th<ougb I the Planning Depart.ent's process. I PUBLIC HEARINGS 20. City of Cupertino, Public Hearing to consider modification of real estate sign regulations and modification of the Sign Ordin- ance to allow civic organization and real estate signs in public rights of way for the entire City and Environmental Review: The Planning Go_ission recoJlllllmtfs the granting of a Negative Declara- ation. RecOD8ended for approval. (a) Ordinance No. 1208: "An Ordinance of the City of Cupertino Amending Section 17.32.070 and Adding Sectio~s l7.32.l00F and 17.08.085 to the City of Cupertino Municipal Code." i I I Public hearing I closed I It was moved by Gounc. Rogers, seconded by Counc. Plungy and passed ¡Sign Ordinance unanimously to amend the sign ordinance to allow civic organization : amended signs on publi~ righc of way with the approval of the Planning Director¡' and Public Work~ Department, and approval of real estate signs per Planning Commission Resolution No. 2354, with the ordinance being ì brought back to Council for evaluation in one year. ' Assistant Planning Director Cowan reviewed the application with tne Council. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to close the public hearing. Counc. Plungy moved to amend the motion to the Architectural and Site Approval Committee recommendation for the number of signs on street corners. This motion was withdrawn. It was moved by r.ounc. Plungy, seconded by Counc. Sparks and p~ssed unanimously to grant a Negative Declaration. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously t~ continue the reading of OrdL~ance No. l208 to the meeting of January 3, 1983. Negative De~- 11arat ion First reading of Ord. 1208 continued r~"'~"'''' ..~;,:",.:::-.~.. . .9: Appeal re HC-5l,320.l removed Hearing on abandoned building removed, re- scheduled . 13-U-82 approved Negative Dec. for i~ -!!-82 1.82 approved -T I I ~.1'""~""1"t·:r-, '-.-'-C'_"_/"(I..'~,","V- KINUTES OF THE T)EGEHBER 20, 1982 CITY COUNCIL MEETIRG 21. Consideration of all appeal of ItSAC decision denying a sip and aip prograa for Curtis Mathes as per Application ~-5l,320.l (filed by Cal Neon). (Continued from meeting of Noveaber 15, 1982.) (Appeal has been withdrawn.) By conseaaua, this was removed from the calendar. 22. Public bearing to determine if the building at the comer of Stevens Creek Boulevard and Foothill Boulevard "onsitui.es a public: nuiaance. (a) Resolution No. 6005: "A Resolution of the City Council of the City of Cupertino Ordering Abatement of Public Nuisance Consistiog of the Abandoned Buildings at the Northeast Corner of the Intersection of Foothill Boulevard and Stevens Creek Boulevard." At the Kayor's direction, this item wes withdrawn from the a~~nda and will be placed on the Council agenda for review at the me..·· . g of Karch 7, 1983. If Council feels a public hearing is necessary, '. will be scheduled for April 4, 1983. Counc:li. dirccted the Chief Building Offic:ial to update his report on this matter for the Karch 7 Council meeting. PLANNING APPLICATIONS 23. Applic.ation 13-U-82 of Sale.. Shaikh: Use Permit to construct a single family residence in a Planned Development zoning district and EaYironmental Review: The project was previouslv assessed, hence, DO action is required. The subject property is lo~ated at the DOrthern terminus of ~;'e paved segment of Riviera Road approxt.ately 100 ft. north of tbe intersection of Riviera Road and Scenic Boulevard. Recoaaended for approval. It was moved by Gounc. Sparks, secondeJ by Counc. Rogers and passed unanimously to approve Application lJ-U-82 FeT Planni~g Commission Resolution 10. 2356. 24. AppIcat10n l4-U-82 of Hewl~tt-Packard: Use Permit to construct three light industrial buildings and several accessory buildings (cafeteria, recreation building, storage, etc.) equaling a total of ap~roximately 700,000 sq, ft. and Environmental Review: The Planning Commission recommends the granting of a Negative Declara- tion. The subject property is the s'te of the existing Hewlett- Packdrd industrial facility consj~' ~ of approximately lOO acres bordered by Ho~stead Road, Wolfe Road, Pruneridge Avenue and Tantau Avenue in a MP (Planned Industrial Park) zoning d~strict. Recom- mended for approval, It was moved by Counc. Sparks, seconded by Counc, Rogers and passed unanimously to grant a ~egative Declaration for Application l4-U-82. It was moveå by Coune. Sparks, seconded by Coune. Rogers and passed unar.lmously to approve Application 14-U-82 per Planning Commission Resolution So. 2357. :.~~"...,~.,..~." -~''''''..'- . · · · ",,-, KUIUTES or THE DECEMBER 20, 1982 CITY COUNCIL MEETING 25. Application l5-U-82 of Ali Yazdanaanesh: Use Per.it to construct a 14,400 sq. ft. office building and Envir~tal Review: The project vas puvioualy assessed, hence, DO action is required. The subject property ~s located on tbe north side of Stevens Creek Boulevard, 400 ft. west of Blaney Avenue (bet....n Rand:- LaDe and Blaoe, Avenue) in a P (Planned Development with co_rclal aod office U8f! intent) zonin¡ diatrict. Re~nded for approval It was _ved by Counc. Sparks, seconded by Counc. Rogers and passed unant.oualy to appro'le ApplIcation l5-U-82 per Planning Ci>Dlllission Resolution \110. 2358. ARCHITECTURAL AND SITE APPROVAL COKKITTEE APPLICATIONS 26. None UNFINISHED BUSINESS 27. Rec~t1on regarding cl~~... for damages filed by Hr. and Hrs. Wardell. It was JIOved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to direct that the claiœ for damages filed by Hr. and Mrs. Wardell be referred to the City's insurance carrier. 28. City of Cu~rtino civic service award progrSlll. By conøensua, Council endorsed the Parks and Recreation Commission's reco..~ndacion regarding the civic service award program and directed the iarks and Recreation Director to contact the history center to see j~ the cere_ny could be held in spring rather than Karch of next year. , Counc. Plungy was appointed the Council liaison for this affair. NEW BUSINESS 29. Request for appropriation for television equipment for City Hall, It was movei ~y Counc. Sparks. seconded bj Counc. Rogers and passe~ unanimously to appropriate $:,600 from the General Fund for a 19" TV mon1tor, stand, and 3Onitor for Council Chambers. 30. Request for appropriation for storm damages. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to appropriate $lO,OOO from the General Fund for street tree removals and cleanup and $25,000 from the General Fund for unpro- grammed maintenance of ~raff1c signals. By consensus, Council approved ~illing for cleanup but not for sidewalk repa irs. By consensus, Council directed staff to investigate the pow~r surge which damaged a traffic signal controll~r and cabinet and to file ~ claim if appropriate. CC-596 Page 5 i15-U-82 ¡approved i I I I , IWardell claim 'I ref~rred to ,ic:;urance ¡carrier I I ¡Civic aware'. service program 'Appropriation ¡for TV .quip- !ment Appropriation for storm damages Investigation :of power , ¡surge ! , . &96 lIII'e 6 t'aratransit services Haza..·dous materials model ord. r ( ':;F':.--' . '''~'T'-'''-~~. ~;,,..--~,,,- ~~:':=:~::"'~. KINUTES OF 'tHE DECEMBER 20, 1982 CITY COWCIL KD"fIBG 31. Status report on taxi subsidy program. It was zved by Counc. Plungy, seccmded !ly Counc. Jobnaon and passed unanimously to direct staff to _goUate an sgreeMnt for parat-ans!¡, services subjec:t to Council rev:iev and approval in Janur_.... 32. r'-~ification of signatures on traffic initiative petition. Per staff recow.endation, t~ it.. viII be discussed in Closed Session at the end of Council _eting bOk'auae of posßible litigation. 33. Discussion on model ordinanc:e for hazardous materials storage permits. Assistant to the City Manager Brown reviewed the wodel ordicance with Council. A representative of the Silicon Valley Toxics Coalition, San Jose, made three reco_ndatious regarding the .odel ordinanc:e: 1. That the Cal/Osha standard liac be uaed. 2. Protection of the "whistle blowers." . 3. A notice to a City when carciDogeDS are being used. Second read- ing of Ord. 1210 'Ord. No. lllO enacted . The Mayor requested that she send a letter to that effect to the City Manager's office. She wUl be ootified whe"l a public hearing is scheduled regarding this ordinance. WRITTEN COHKUNICATIONS 34. None ORDINANCES 35. Second reading of Ordinance No. l2l0: "An Ordinance of the t,ity of Cupertino Aœe~ding Chapter 3.l2, Transient Occupancy rax, of the Cupertino Municipal Code." It was move¿ by Counc. Plungy, seconded by Counc. Rogers a~d passed unanimously to read Ordinance No. 1210 by title only and the City Clerk's reading to con~.itute the second reading thereof. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to ~nact Ordinance No. 1Z10. 36. Second reading "f Ordinance No. 1209: "An O"dinance of the Ci'y of Cupertlno Amending Section 1 of Ordinance No. 2 by Rezon:'ng Approximately 1.2 Cross Acres from City of Cupertino CG Zo-, to City of Cupertino P Zone; Located on the West Side ot North De Aoza Boulevard A~proxiaately 250 Ft. North of StevenR ,,~~v Boulevard." . · · · . KINUTES or THE DEGEKBER 20, 1982 CITY COUNCIL HEETING It was .wed by CoWlC. Plungy, seconded by CoWlC. Rogers and pa..ecI unant.oulsy to read Ordinance No. 1209 by title only and the City Clerk . reading to conatitute the second reading thereof. It va. _ved by Counc. Plungy, seconded by Counc, Rogers and p....d unant.oualy to enact Ordinance No. 1209. 37. Pirat reading of Ordinance No. 12ll: "An Ordinance oi the City of Cupertino A8ending Chapter 11.30 of the Cupertino Municipal Code to Delete the !or.er Cruising Ordinance and Substitute an Ordinance Specifically Allowed by Section 2llloo(k) of the Cali- fornia Vehicle Code." It vaa mved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1211 by title only and the City Clerk's reading to constitute the first reading thereof. RESOLUTIONS 38. Resolution No. 6007: "A Resolution of the City Council of the City of Cupertino Affira1ng its Position of the Urgent Need for Acquisition of Re.aining Right-of-Way in the Stat e Highvay Route 85 T~ansportation Corridor and for Early Coapleti0n of Transpor- tation Fa<.ilities for the Entire Corridor." It was moved by Counc. Rogers, seconded by Counc. Johnsot and passed unanimously to adopt Resolution No. 6007. NON-AGENDA BUSINESS 39. Re<ognition by Mayor of special requests. (a) General Audience. Ann Anger, 10185 Empire Aven"" , thanked the Council for their adoption of Resolution No. 6007. Charles Newman, Chamber of Commerce, also thanked the Council for their quick action in this matter. (b) City Council. Counc. Rogers stated that she had received a letter re~arding neighbor- hood phone directories with reverse listings. She also asked when the remodeling of the restroom for handicapped facilities would be com- pleted. She wa~ informed approximately the middle of February ~as the date. At 8:35 p.m., Council adjourned to the Conference Room Ìor a Closed Session. At 8: ')0 p.m., Council reCOIL 'ned in open session in Council Chamber. CC-596 Page 7 Second reading of Ord. l209 Ord. 1209 enacted first reading of Ord. l211 Res. No. 6007 adopted . ~ &96 wre 8 Traffic initiative petition Consideration of petition continued . . < ~"é"~'ë·,"·"':·"'_·- --:"':;:"'~''':~~i!~'Ã'r:¡:~''':',~' <" 7..·'...·-· ..~:"~ . --:.~.. ,'N'· ,F",.. KlIIUTES or TIlE Dl!CÐmI!R 20, 1982 CITY COUNCIL KDTIIIG It vas .owcI by Counc:, Sparkll, MC:oaded by Counc. Pluogy and paased unant.ou.ly to not .eek a COUDtinS of all signature. on the traffic: initiative petition and to aceept the randoa aut"., aa done by the County usiatru of Voters oftice. It vaa IIOWd by Counc:. losers. sec:onded by Coune. Plungy, and passed unan1aoua1y to c:ontinU2 ~0D81deratioD of the petitioD to the _tinS of January 3, 1983 for action. At 8:55 p..., the _eting vaa adjourned. 42'~¢ Æ~_; City Clerk .