CC 07-05-83
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JULY 5, 1983 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
Mayor Gatto ~alled the meeting to order in the Council Chamber at
6:45 p.m.
SALUTE TO THE PLAG
ROLL CALL
Counc. Present:
Johnson, Plungy, Rogers, Sparks, Mayor Gatto
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Direetor of Plan~ng and Development Sisk
Director of Parks a~d Recreation Dowling (left
at 8:35 p.m.)
Assistant to the City Manager Brown
City Attorney Kilian
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Manager's Report
Law Enforcement Service Plan for 1983-84 - By consensus, Counci'
directed that Page 7, Investigative Estimated Chargeable Hours, be
changed to 6,500.
City Clerk's Report
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously-to confirm George' Beers as a member of Cable TV Advisory
Committee from Foothill/Pe Anza Community College District.
By consensus, Councilmembers (Counc. Srarks dissenting) approved
overhead lighting in Council Chamber for cablecasting.
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MINUTES OF THE JULY 5, 1983 CITY COUNCIL MEETING
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Council Report.
3. Counc. Johnson - Legislative Review Comaittee - It was moved
by Counc. Johnson, seconded by Counc. Sparks and passed unanLaously
to take the following actions regsrding legislation:
SuppQrt AB 1848 (Clute), Boundary Changes of Special Districts;
support introduction of legislation to permit video tapes of Council
meetings to be destroyed after 100 days. Approve contacting representatives
and congressmen supporting amendments of S.66; approve continuiag'receiving
the S.66 Fanout Network Report; approving writing Sen. Wilson thanking
him for support, approve contacting De Anza College re Þupport of amendment
to S.66.
Oppose SB 870 (Deddeh), PERS Disability Retirments.
SB 142 (Ellis), Sign Bill
Referred AB 1597 to n1x:ectO'l' of i.'':'!!''''':'~1 8Dd Deft1.os-a'C. J.eqllNted
copies of AB 1455 and AB 1956. ' ,
4. North Santa Clara County Municipal Solid Waste Management.
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By consensus, Ccancil requested detailed information, particularly
regarding proposed road, from Peat, Marwick and Mitchell.
CONSENT CALENDAR
The following items were removed from the Consent Calendar. Item 11
by Counc. Sparks, Item 14, by Counc. Plungy and Counc. Johns~n, and
Item 17 by Couno. Rogers.
It was moved by Coune. JOhnson, seconded by Counc. Plungy and passed
unanimously to approve the balance of the Consent Càlendar as submitted.
7. Resolution No. 6117: "A Resolution of t"e 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
June 10, 19B3."
8. Resolution No. 6118: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable
in the Amounts apj from the Funds as Hcreinafter Described for
Salaries and tlages for th" Payroll Period Ending June 14, 1983."
9.
Resolutlon No. 6124:
of Cupertino Adopting
City of Cupertino and
"A Resolution of the City Council of the City
a Memorandum of Understanding Between the
the Cupertino Employees Association."
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10. Resolution No. 6125: "A Resolution of the City. Council of t~e Cit.y
of Cuoertino Fixing the Employer's Contribution Under the :1eyers-
Geddes State Employees Medical and Hospital Care"
11. Removed
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MINUTES OF THE JULY 5, 1983 CITY COUNCIL MEETING
lL. Resolution No. 6127: "A Resolution oi the City Council of tbe
City Council of the City of Cupertino Amending tbe Ksnsgement
Compensation Program."
13. Resolution No. 6128: "A Resolution of the City Council of the
City of Cupertino Amending the Rules on Condition of Employment"
14. Removed
15. Resolution No. 6l19: "A Resolution of the City Council of the
City of Cupe~tino Declaring Consideration of Cancellation of
Land Conser/at ion Contracts (Property Owner: Dorothy Lyddon)
and Setting Time and Place for Public Hearings"
16. Reques" for Waiver of Business License fees filed by Californians
for a Bilateral Nuelear Weapons Fr~eze.
17. Removed
la. Resolution No. 6122: "A Resolution of the City Council of the
City of Cupertino Approving Parcel Map and Improvement Plans
of Property Located on De Anza Boulevard between Laznaeo and
Greenlear; Developer, Vidovich-Cupertino Limited Partnership,
Authorizing Execution of Improvement Agreement; Authorizing
Signing of Parcel Map and Imrpovement Plans."
19. Resolution No. 6123: "A Resolution of the City Council of the
City of Cupertino Accepting Quitclaim Deed of Real Property from
the County of Santa Clara, Located West of Route 85, at Intersec-
tion of Grant Road and Homestead Road"
20. Acceptance of Municipal Improvements:
(a) CATV Facility Compan~. Imperial Avenue.
(b) Tract No. 7039 - Park Plaza; Stevens Creek Boulevard and
Portal, C & H Partnership, a General Partnership.
21. Acceptance of City project performed under contract: Monta Vist~
Park Street Improvements.
22. Resolution No. &130: "A Resolution of the City Council of the City
of Cupertino Approving Final M.1p .1nd IIOprovement Plans of Tract No.
&92& Located on Almaden Avenue; Developer, DCE, Inc., Accepting
Certain Easements; Authorizing Signing of Final Map and Improvem~nt
Pla'1s, Authorizing the Execution of Agreement in Conne<..tion There-
with.
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KINUTES OF THE JULY 5, 1982 CITY COUNCIL MEETING
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23. Minutes of the adjourned regular City Coun:il meeting of'June 15,
1983. (CC-6l2)
24. Minutes of the adjourned regular City CouncU meeting of June 20,
1983. (CC-613)
ITEMS REMOVED FROM CONSENT CALEKDAII.
25. It was announced that Items 11 and 14 on the agenda would be
discussed in closed session cat the end of the meeting. 'It was
moved by Counc. Johnson, se-.:ooded oy \.Cunc. Plungy (Coune. Rogers
abstaining) passed by Counci1members to approve item 17.
26. ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
27. The ~azardous Materials Storage Ordlnance was continued to the meeting
of August I, 1983.per previous Council action.
28. Application 4-Z-83 to be heard in eonjunction with Applieation 15-U-83.
4IIÞ Application 4-Z-83 of Design Analysis: Rezoning Approxi~ately 10
Gross Acres from OP (Planned Office) Zone to P (Planned Development)
Zor.e and Environmental Review. The Planning Commission recommends
granting of a Negative Declaration. The subject property is located
in the southeast quadrant of De ARza Boulevard and Rodrigues Avenue.
(a) First Reading of Ordinanee No. 1227: "An Ordinance of the
City of Cupertino Aaending Section 1 of Ordinance No. 2 by
Rezoning Approxiaately 10 Gross Acres from OP Zone to P
Zone; Loeated in the Southeast Qu~drant of De Anza Boulevard
and Rodrigues Avenue"
It was moved by Counc. gers, seconded by Counc. Plungy and passed unanimously
to close the public hearing.
It was moved by moved by Counc. Rogers, seconded by Counc. Plungy and passe
unanimously to grant a Negativ~ geclbration. It was moved by Counc. Rogers
seconded by Counc. Plungy and passed unanimously to approve Application
4-Z-83 per Planning Commission Resolution No. 2045. It was moved bv Counc.
Rogers, seconded by Counc. Plungy and passed unanimously that the Director
of Planning and Development's reading of the title constitute the first
reading of the ordinance.
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MINUTES OF THE JULY 5, 1983 CITY OOUNCn. MEETING
Application l5-U-83 (continued) to be heard in conjunction with 4-Z-83.
34. Application 15-U-83 of Design Analysis: Use Permit to construct two
office building totaling approat.8tely 39,000 sq. ft. and !aviron-
mental Review: The Planning eo-1ss1on recou=ends the sranting of a
Negative Declaraeion. The subject property is located in the south-
east quardant of De ADza Boulevard snd Rodrigues Avenue. Continued to
the meeting of July 18, 1983.
The Applicant John Rintala answered questions of Council. Discussion
fol.lowed regarding parldng. It was moved by Counc. Rogers, seconded
by ';ounc. Plungy and passed unanimously to continue consi~eration of
Use Permit l5-U-83 to the regular meeting of July 18, 1983. At that
tim" Staff is to submit additional information r.gard~,· existing
parking spaces, dead end parking, walkways and any layout problems.
30. ConsiQ~ration of granting taxicab permit to yellow Checker Cab Co.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to close the public hearing on Yellow Checker Cab Company.
It was moved by Counc. Sparks, seconc:!ed by Counc. Plungy and passed
unanimously to approve the taxi permit for Yellow Checker Cab Company.
31. Consideration of granting a taxieab permit to King Cab Company of
San Jose. Inc.
It was moved by Counc. Sparks, seconded by Coune.,Johnson to close
public hearing on King Cab Company.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to approve the Texi Permit for King Cab Company.
Mr. Campbell representint Mr. John Norden who has applied for a
Taxi permit informed Couneil that he was speaking with the Planning
Department regarding the location of the proposed taxi office in
CupertiI'o.
(Director of Parks and Recreation Mr. Steve Dowling left at 8:35 p.m.)
32.
Appeal of Planning Commission regarding location of the corner of
Alcalde Road, Cordova Road and Santa Lucia Road. Filed by Mr. John
Kolski (Application 6-TI1-33, Whaley and Associates)
Director of Planning and Development Sisk and Director of Public Works
Viskovich reviewd the Planning Commission Action vn this matter.
John Kolski, 10540 Santa Lucia Road, expressed concern regarding what
would happen to the Santa Lucia side of the intersection. He expresse
a desire that the other s;de of Santa Lucia Road be developed and have
curbs and gutters, he stated that flooding is a particular provlem in
this area.
It was suggested that Mr. Kolski continue to work with staff.
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CC-614
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MDUTES OF THI JULY 5, 1983 CITY COUNCIL K!ETIØG
lie was inforM<! that wben tbe property is developed that the developer
bas SOlIe responsibility for off site improvrMut. It vaa auSgUted that
Hr, Kolski monitor this development aJId'cOIH',beck if a prohl.. occurs.
Hr. Peter B88S, 22650 Alcalde inquired as to the atreet vidtha that were
propos~~ ne also questioned Council and Staff reeardiDI aeora drains.
Hr. Haas _s informed that tbe C:banne1ing of water would he part of the
overall plan. Hr. Haas requested that ._ type of psssive &yst_ be
developed that would not require City Staff to cou out :1uedistely ahould
a probleœ occut. Council requested that Staff ~ap in toucb witb bia.
Wa;rren Whaley, Engineer and Applicant, inforHd Council that the project was
oriøina111spproved 2 1/2 years ago. He is in the process of having plans
prepared so that building could ¡¡tart this s_r. He IItated that the
development would improve the area and he objected to any continusnce.
It was moved by Counc. Plungy, seeonded by Counc. Sparks and passed unanimously
to close the public bearing.
It was moved by Counc. Rogers, seconded by Counc. Sparks snd passed unanimou81y
to deny tbe appeal. Council requested that Mr. Whaley make plans available for
~. kolsk1"alld'J!k-. liÅila to rêview with Staff.
33. Appeal of Building Department and City Attorney decision involving
application of ordinance to a hot tub owned by K1. and Mrs. E. Licbtman
(filed by J. Rob~rt DP.mpster). (Applicant tequested conti~uònce)
It was moved by Counc. Johnson, seconded by Coùnc. Rogers to continue ,,)'is
appeal to the ~eting of August 1, 1983.
35. ARCHITECTURAL AND SITE APPROVAL COMHITTEE APPLICAT1:0NS
None
UNFINISHED BUSINESS
36. City Attorney O¡-inioll regarding terms of office for Councilmembers.
The City Attorney's regarding terms of office for Councilmember.s was accepted
for filing.
NEW BUSINESS
37. Request for t~porary parking on Higbway 85 right of way by Acrian.
It was moved by Counc. Sparks, se~onded by Counc. P~~ngy and passed unanimously
to deny the request for temporary parking on Highway 85 right of way. St~ff was
directed to make sure that one trailer was removed. ,If th~re is still a parking
problem, Council would consider revoking the approval of the single trailer
authorized for use.
38. Request for appropriation for appraisal of pLoperty at Cupertino Road and
Foothill Boulevard and authorization to negotiate acquisition.
It was moved by Counc. Sparks. seconded by Counc. Johnson and passed unanimously
to app~opriate $1.500 from the General Fund and authorized negotiatioDs
for acquisition.
39. First Reading of Ordinance ,10. 1228: "An Ordinance of the ;;ity of Cupertino
Amending Section 11.00 ~90 and 11.Og.300 ~nd Adding Section 11.08.310, Cupertino
Municipal ('od~ Re1a,ting c') Jicy<',le Lanes, Routes ar.d Violations"
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MIRUTl!S OF TIIB JULY 5, 1983 CI'IT COURCIL IŒETIlfG
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Be vas intoned tbat when tbe property is developed tbat the developer
has some responsibility for off site illlprovl!Mllt. It va. euggened tbat
Mr. Iolski ~tor this developaent atlct;,c~"back if a probl_ oceur..
Mr. Peter Bass, 22650 Alcalde inquired as to the street width. that were
proposed, he also questioned Cou1Icil snd Staff regardÚlg .ton draine.
Mr. Baas was infozwed that the ChauneliD¡ of water would be part of the
overall plan. Mr. Baas reque.ted tbae .0118 eyp. of passive &yst_ be
developed that would not require City Staff to c~ out ta.edistely should
a problem oceur. Council requested that Staff ~ep in touch with hi..
Wa~ren Whaley, Engineer and Applicant, infot8ed Council tbat the project was
orig1naUyapproved 2 1/2 years ago. Be is in the process of having plans
prepared so tbat building could start this s.-sr. He stated that the
development would !.prove the area and he objected to any continuance.
It was IIIOved by Counc, Plungy, seconded by CoU!\c. Sparks and passed unanimously
to close the public hearing.
It was moved"" Counc. Rogers, seconded by Counc. Sparks and passed unanimously
to deny the appeal. Council requested that Mr. Whaley make plans available for
Mr. Kolsk:t"all4'1k'. tis. to dview with Staff.
33. Appeal of Building Department and City Attorney decision involving
applicaU,,!! of ordinance to a hot tub owned by Mr. and Mrs. E. Lichtman
(filed by J. Robert Dempster). (Applicant requested eontinuance)
.
It was moved by Counc. Johnson, seconded by Coùnc. Rogers to continue this
appeal to the ~etÚlg of August 1, 1983.
35. ARCHITECTURAi. AND SITE APPROVAL COMHITTEE APPLICATIONS
None
UNFINISHED BUSINESS
36. City Attorney Opinion regarding terms of office for Councilmembers.
The City Attorney's regarding terms of offiee for Councilmembers was accept~d
for filing.
NEW BUSINESS
37. Request for temp~rary parking on Highway 85 right of way by Acrian.
It waF moved by Counc. Sparks, seconded by Counc. Plun6Y and passed unanimously
to deny the request for temporary parking on Highway 85 right of way. Staff W0~
directed to make sure that one trailer was removed. ,If there is still a parking
problem, Council would consider revoking Üe approval of the single trailer
authorized for use.
3e. Re1uest for appropriation for appraisal of proper~y at Cupertino Road and
Foothill ~ulevard and authorization to negotiate acquisition.
.
It .as moved by Counc. Sparks, seconded by Ccune. Johnson and passed unanimously
to appropriate $1,500 from ~he General Fund and authorized negotiations
for acquisit~0n.
39. First Reading of Ordinance No. H28: "An Ordinance of the City of C..pertino
Amending Section 11.08.290 and 11.0ô.300 and Adding Section 11.08.310, Cupertino
Municipal Code Relating to Bicycle Lanes, Routes and Violations"
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MINUTES OF ':HE JULY S, 1983 CITY COUNCIL MEETING
NEW BUSINESS (Continued)
39. It wat: moved by Counc. Phmgy, seconded by Counc. Rogen and passed
unànimously to read Ordinance No. 1228 by title only and the City Clerk's
re'ding to constitute the first reading thereof.
WRITTEN COMMUNICATIONS
40. None
ORDINANCES
41. None
RESOLUTIONS
42. None
NON-AGENDA BUSINESS
43. Recognition by Mayor of Ipecial requests.
None
CLOSED SESSION to discuss personnel matters.
At 9:15 p,m. Council adjourned to a closed session in the Conf~rence Room.
At 10:35 prm. Council reconvened in C~uncil Chamber.
Coune. Present: Johnson, Plungy, Rogers, Sparks, Gatto
Staff Present:
City Manager Quinlan
citr'lD"i;~tøftti!'11.;· ..
A88igtsit/tó-e~~~ty Mañager Brown
11. Resolution N~. 6126: "A Resolution of the City Council of the City
of Cupertino Amending the Confidp.ntial Compensa-
tion Program"
It was moved by C0unc. Sparks, seconded by Counc. Plungy and passed unani-
mously to adoptr Resolution No. 61'l.6.
14. Resolution No. 6l'l.9: "A Resolution of the City Council of the City
Cupertino Establi~hing Salaries for Positions
Not Within a Sc:,edule of Pay Grades"
It was moved by Counc. Sparks, seconded by Counc. Johnson and passed
"nanimously to adopt Resolution tlo. 6l'l.', Exhibit "A" showing 5%
total package,with Managewen~ Compensation as outlinp.d. The City Atto~.ey
would be added to this R~so ution.
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KINO'l'ES OF THE JULY 5, 1983 CITY COUNCIL MDTIRG
At 10:40 p.m., the meeting was adjourned.
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City Clerk~