CC 05-06-85
·
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torr. Av~ue, Cup~~ino, CA 95014
Tel~hon.: (409) ~2-":SO~
CC-ó70
"INUTES OF THE REGULAR I'tEETING OF THE CITY COUNCIL
HELD ON I1AY ó, 1995 IN THE CONFEREJ«:E ROOI't,
CITY HALL, CUPERTINO, CALIFORNIA
"ayor Johnson call1td the _eting to order- at ó: ló p... in
the Conference Room, City Hall.
ROLL CALL
Counc. Present:
Batto, PI ungy, Roger-. , Spar-ks, l1Ayor Johnson
Staff Present:
City Cler-k Cornelius
INTERVIEW OF APPLICANTS FOR APf>OINTI'1ENT TO ARCHITECTURAL
AND SITE APPROVAL CDI'I"ITTEE
"ayor Johnson
appli cants.
introduced the Council~ers to the
Council interviewed Ron Chapman, Dean Cunningham, Bleria
Kolek and Patricia Jackson for appointment to ASAC.
It ..as lIDVed by Counc. Rogers, seconded by Counc. Bat to and
passed unani~sly to appoint Pat Jackson to the term which
..ill expire Sttpt_ber-, 1989 and Ron Chapman to the term
which ..ill expire September, 1985.
At ó:4~ p.m., the meeting NaS adjournltd to Council Chamber.
At ó::SO p.III., l'Iayor Johnscn called the meeting to order in
ChaJllber .
SALUTE TO THE FLAG
ROLLCALL
Counc. Pr.sent:
Gatto, Plungy, Roger-s, Sparks, Mayor Johnson
-1-
MINUTES OF THE ~Y b, 1985 CITY COUNCIL MEETING (CC-b70)
Staff Present:
City MAnag~ Quinlan
City Clerk Cornelius
Dir~tor of Public Works Viskovich
Director of Planning and Development Sisk
Di rector of Fi nance Snyd~
Dir~tor of Parks and R~reation Dowling
Community Affairs Officer Blackburn
City Attorney Kilian
Assistant to the City Manager Brown (7:55 p...)
POSTPONEMENTS OR NEW ASENDA ITÐ1S - It "'A. moved by Counc.
Sparks, seconded by Counc. Sat to and passed unanimously to
rltfllDve Items No. 25 and 53 from the agenda, to continue
Item No. 47 to May 20, 1985 and to continue Items 39 and 45
to June 3, '985.
STAFF REPORTS
1. oral report. by staff members and submission of Nritten
reports.
~iì~_~ªQªg~:~_B~9Cì
Channel 30 VieNership Survey
Sparks, seconded by Counc. Satto
appropriate .5,000 for the survey
It ",as
and passed
of Channel
moved by Counc.
unanimously to
30 viewership.
Househol d Poi son
Roger., seconded
allocate an
collection day.
CoIIlICtion Day
by Counc. Bat to and
additional .2,260
It ",a.
passed
toward.
moved by Counc.
unanilllOUsly to
cost of the
Request for Reilllburs._nt by Solid Waste Committ_ _tllber.
to Attend ""-1:ing - It ",a' IK)ved by Counc. Rogers, seconded
by Counc. Spark. and pas.ed unanimously to authorize
pay-.nt of .50 for registration plus mileag_ reimburs..ent
for those attending the symposium.
Lease ",ith Central Fire District - Lease agr....nt - Seven
Springs - It ",as moved by Counc. Gatto, seconded by Counc.
Sparks and passed unanimously to consider this it.. along
",ith the application for Seven Springs Ranch.
Mayor Johnson announced that Item 34 would be taken out of
order.
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þ
MlNUT£S OF TW£ MAV ~. 1QGS CITY COUNCIL t1EETING (CC-6701
ORAL COMMUNICATIONS
34. C~endation frOM Supwrvisor
HousehDld PDint CDII~tion DAY.
Diilnne
ttcKenn.a for
Dianne McKenna, Santa Clara County Board of SupwrvisDrs,
prwsented a proclamation to the City from the Board of
Super-vi SDf-S.
COUNCIL REPORTS
4. Counc. Plungy Legislative Review Coa.ittee - It w..
..oved by Counc. Satto, seconded by Counc. Rogers and pa.sed
unaniøously tD taken the fDllowing actions regarding
proposed legislation: Oppose SCA 27 and SB 730 (Sey~r>,
restriction on local taxing authority, oppose AB 2083.5
written (Allen>, credit against park dedication
requirements for provision of day care facilities' request
copies of AB 993 and SB 1294.
CONSENT CALENDAR
It was announced
considered along
Items 14 and 15
Rogers requested
calendar.
that It.. 31 would be mDved to be
with It... 54. Caunc. Gatto requested that
be removed from the calendar. Counc.
that Items 20 and 30 be removed frOM the
It was moved by Counc. Rogers, seconded by Counc. Satta and
passed with Caunc. Plungy abstaining on Item 27 to approve
the balance of the Consent Calendar as submitted.
7. Resolution No. 6543: "A Resolution of the City Council
of the City of CupertinD ~llowing Certain Claims and
Deaands Payable in the A.ounts and Fro. the Funds a.
Hereinaftwr Described for Beneral and Miscellaneou.
Expenditures for the Period Ending April 12, 1985."
B. ResDlution No. 6544: "A Resolution of the City Council
of the City of Cupertino Allowing Certain Claims and
Demands Payable in the A.ounts and From the Funds ..
Herei nafter Deseri bed far Beneral and Mi scell aneous
Expenditures for the Period Ending April 26, 1985."
9. Resolution No. 6545: "A Ro.!SOlution of the City Council
of the City of CupertinD Allowing Certain Claims and
Demands Payable in the Amounts and from the Funds a.
Hereinafter Described for Salaries and Wag.s for th.
Payroll Period Ending April 16, 1985."
I
-3-
MINUTES OF 'THE MAY 1" \.q~ CITY COOMCIL I'£ETlNG tCC-67(»)
10. R~olution No. 6~4B: "A R_olution ~ the City Cot.lncil
of the City ~ Cupertino Acc."ting a ~ant ~ E..._ent
for Stor. Drain Purpose. fr~ Linnea H. Carroll,
Located we.t of Crestline Avenue in Conjunction with
the Develop-.nt of Tract 773BI Approximat.ly 0.008
Acr.. "
11. Resolution No. 6~49: "A Resolution ~ the City Council
of the City ~ Cupertino Accepting a Grant of Ea~nt
for Storm Drain Purposes frDllt Laverne Hin_. Located
West of Crestline Avenue. in Conjunction with the
Development ~ Tract 773BI Approximat.ly 0.008 Acr....
12.
Resolution No. 6550: "A R..olution ~ the City
of the City of Cupertino Approving Contract
Orders No. I and No.2, Foothill Boulevard and
Creek Boulevard Traffic Signal, PrOject BO-15."
Council
Chang.
Steven.
13. Resolution No. 6551: "A Resolution of the City Council
of the City ~ Cupertino Approving Contract Chang.
Order No. 2 for Miller Avenue Sid_lk I-.prov....,t.
Project Be-l05."
14. Removed.
15. Removed.
16. Resolution No. 6554: "A Resolution of the City Council
of the City ~ Cupertino Acc."ting Grant of Ea.ement
for Roadway Purposes froø Robert Naeg.le and Valeri. F.
Naegele, Consisting ~ Approxi..tely 0.01 Acre.,
Located Along Orchard Court."
17. Resolution No. 6~5~: "A Resolution of the City Council
of the City ~ Cupertino Authorizing the Execu~ion ~
Deferred Agr...ent with Robert Naegele and Val.ri. F.
Naegele for the Iaprov......t of Front.g. on Orchard
Court."
lB. Resolution No. ~: "A Resolution ~ the City Council
of the City ~ Cupertino Declaring it. Intention to
Order Vacation of a Portion ~ a Stor. Dr.in E......,t
Within the City of Cupertino Pursuant to Section 50430
Et Seq. of the Government Code of the State of
California, Fixing Ti.. and Place for He.ring and
providing for Notice Thereof; South of Steven. Cr..k
Boulevard, West of Torre Av.~ue."
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MINUTES Of n£ I1AY 6. 198:5 CITY COUM:IL /'IEETINß ([;[;-670)
19. Resolution No. 6557: uA Resolution of the City Council
of the City of Cup.rtino Declaring its Intention to
Change Str..t Na.. Within the City of cup.rtino
Pursu.nt to S.ction 5026 of the Streets and HiQhways
Code, St.te of C.liforni., Fixing Time and Place for
Hearing .nd Providing Notice Thereof I Ch.nge ·D.i....
Place' to 'Vernie Court· Tract 7213, South of Bollinger
Road, West of Defoe Drive.u
20. Removed.
21. Resolution No. 6546: uA Resolution of the City Council
of the City of Cup.rtino Supporting Pacific Gas and
Electric's Relicensing Applic.tion for Hydroelectric
Facilitie15. U
22. Request fro. California Public Interest Research Group
for waiver of business license fees.
23. Resolution No. 6547: uA Resolution of the City Council
of the City of Cupertino Initiating Proc..dings .nd
Setting the Ti.. and Place for Public Hearing for
Consideration of Annexation of the Area Designated
'I~perial Avenue 85-02·.u
24. Summons and co_plaint filed on behalf of Mike and Debbi
McIntyre.
25. (Removed fro. agenda.) Minutes of adjourned regular
meeti ng of Decelllber 5, 1984 (CC-66OA).
26. Minutes of adjourned regular meeting of April 8, 1985
(CC-6bBA-l).
27. Minutl!!l of adjourned regul ar _ting of Apri I 9, 1985
(CC-bbBA-2) .
28. Minut... of the regular _ting of April 15, 198:5
(CC-6b9) .
29.
R_olution No. 6563: uA Resolution
of the City of Cupertino Approving
between Two Parcels of Land Without
Accordance with Section b6412(d) of
as Antended January 1, 1984 - Lots
Subdivision uAu Monta Vista.u
of the City Council
Lot Line Adjustment
a Parcel Map in
Subdivision Map Act
19 and 20 of Map of
30. Removed.
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"INUTES OF THE I1AY 6, 1985 CITY COUNCIL I'IEETIN6 (CC-b70)
31. Moved ~o be consid.red with It.- 54.
3:2. Request for appropriation frOlll
prop~ty purchase.
Sas Tax Fund for
~ºt@
~mQ.c~_º!_t~@_~1tx_~QY~ç1!
AYES: Ga~to, Plungy (except I~em 27), Rogers, Sparks,
Johnson
NOES: None
ABSENT: None
ABSTAIN: Plungy on Item 27 only
ITEMS REMOVED FROM CONSENT CALENDAR
14. Resolution No. 6552: "A Re.aolution of ~he Ci~y Council
of the City of Cupertino Approving Con~ract Change
Order No. 2 for Homes~ead Road and Wolfe Road Traffic
Signal Modification Project 82-09 and Approving
Appropriation."
15. Resolution No. 6553: "A Resolution of the City Council
of ~he City of Cupertino Approving Contract Change
Ord.r No. 6 for City Hall Air Conditioning Modifica~ion
Phase II - Maintenance and Approving Appropriation."
20. Resolution No. 6558: "A Resolution of ~he City CDI.!ncil
of the Ci~y of Cuper~ino Approving the Final Map and
I~rovement Plans of Tract No. 7661 LDCa~ed on Torr~
Avenue; Developer, Cupertino To...... Center PropertY1
Accepting C.rtain Easements; Authorizing Signing of
Final Map and Improvement Plans; Authorizing th~
Ex ecut i on of Agrlt_ent in Connect ion Ther_i th. "
30. Resolution No. 6562: "A Resolution of the Ci ty Council
of the City of Cupertino Authorizing Execution of
Agre..en~ with Kier ~ Wright providing for Engineering
Services for the Widening of De Anza Boulevard Between
Stevens Creek Boulevard and Bollinger Road."
Appropriation of 575,000 from the General Fund for this
project.
It was moved by Counc. Gatto, seconded by Counc. Rog.rs and
passed unanimously to approve I~... 14, IS, 20 and 30.
ORAL COMMUNICATIONS
þ
34. (Heard out of order.) Commenda~ion frOlll Supervisor
Dianne McKenna for Household Poison Collection Day.
-6-
MINUTES OF THE KAY 6, 1995 CITY COUNCIL MEETINB (CC-670)
35. PrDClama~ion honoring Carol Ann Bu~ler, former Park. ~
R~r.a~ion Comøissioner.
Mayor Johnson presen~8d ~h. procl...~ion ~o Ms. Butler.
36. Cupertino High School Sp~ial Educa~ion Students
Special Oly~ics.
The student.
apprecia~ion
~h. group in
pr_ented Counc. Barbara Rogers wi th
of her suppor~. Council presented
honor of their achiev..-n~s.
ro.es in
awards to
37. Proclamation declaring April 21-27, 1985 as National
Drgan Donation Awareness Week.
Mayor Johnson presen~ed the procla-.tion.
38. Members of the audience rBqarding matters no~ on the
agenda.
None.
PUBLIC HEARINGS
39. Application 5-Z-85 of Corporation of the Presiding
Bishop of the Church of Jesus Chris~ of Lat~er-Day
Sain~s A Utah Corpora~ion: Rezoning approximately
2.85 gross acre. from RI-I0 (Residen~ial Single-Family,
10,000 sq. ft. minimum lot size) and RI-I0ag
(Residential Single-Family, 10,000 sq. ft. minimua lot
size, agricultural U9es allowed) zoning districts to 8Q
(Quasi-Public) zone and Environ..n~al Review: The
Plan~ing Co.-i.sion recommends the granting of a
Nega~ive Declaration. The subjl!C~ proper~y is IDCa~ed
on ~he east side of S~elling Road approxima~ely 125 ft.
SDU~h of Pepper Tr_ Lane. Recommended for approval.
(This applica~ion to be heard in conjunction with
Application 2-U-67 (Revised).)
(a) First reading of Ordinance No. 1298: "An
Ordinance of the City of Cupertino Amending
Sectino 1 of Ordinance No. 2 by Rezoning
Approxi.a~.ly 2.85 Gross Acres fr~ RI-I0 and
RI-I0ag Zoning Districts to BQ ZoneJ Located on
~he Eas~ Side of S~elling Road Approxima~ely 125
F~. South of Pepper Tree Lane."
This i~em had been con~inued ~o June 3, 1985.
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HINUTES CF THE !'lAy 6. 1985 CITY COUNCIL I'1EETING (CC-670)
40. AppJ ication ~-Z-80 of Int.rland o.velop..."t C08Ipany
(Sev.n Spring. Ranch): ~d.-nt of Zoning Applica1:ian
regarding adju.1:-.n1: to 1:he .i1:e plan and an a..-nd..n1:
of Condi1:ian 16 regarding dwelling uni1: 1:ype. and 1:rip
fac1:or5. Enviranmen1:al Review: The Environmen1:al
Review Co.-mi1:1:ee reco.øends 1:ha1: 1:he amend-.n1: 1:0 1:he
zoning is ..inor and, accordingly, a revision 1:0 1:he
Environ_n1:al Iapac1: Repor1: is no1: necessary. The
proper1:y invoIv~ con1:ains approxima1:ely 148 acres and
is generally bounded by Rainbow Drive, 81:el1ing Road
and Prospec1: Road. Reco..end~ for approval. (This
applica1:ion 1:0 be heard in conjunc1:ion wi1:h
Applica1:ion5 9-U-B3 and 3-TI'1-8~.)
(a) Firs1: reading of Ordinance No. 1305: "An
Ordinance of 1:he Ci1:y of Cuper1:ino Amending
Section 1 of Ordinance No. 2 by A.ending 1:he
Zoning Applica1:ion R~arding Adjus1:men1: 1:0 1:he
Si1:e Plan and Amending Condi1:ian 16 R89arding
Dwelling Uni1: Types and Trip Fac1:or.'
Approxi_1:ely 148 Acres Generally Bound~ by
RainbOM Drive, S1:elling loCoad and Prospec1: Road"
PLANNING APPLICATIONS
46. Applica1:ions 9-U-B3 and 3-TH-B5 of In1:erland
Develop_n1: C08Ipany (Sev~ Springs Ranch): Amend..n1:
of use P.rlli1: 1:0 change 1:he lIix of dwelling uni1: 1:ypes
and change 1:h. 5i1:e plan regarding 1:he loca1:ion of
dwelling uni1: 1:ypes anrl 1:he in1:ernal road circula1:ion,
Ten1:a1:ive Hap 1:0 consider a phased 1:en1:a1:ive
subdivision ...p 1:0 subdivide approxima1:ely lOB acres
in1:o 408 residen1:ial 101:. and 1:ND 101:9 1:0 be held in
COIIIIDn and Environmen1:al Review: The Environmen1:al
Review C~i1:1:.. reco..ends 1:ha1: 1:he a..ndmen1: 1:0 1:he
use per.i1: is .inor and, accordingly, a revisi"" 1:0 the
Environ""1:al h.pac1: Repor1: is no1: necessary. The
EnvironllentÆl Review C~itt.. also recommends 1:ha1: 1:he
environ..,,1:al consequencRS associa1:ed wi1:h the
1:en1:a1:ive _p have been previously assessed wi1:h 1:he
Cer1:ified Enviran..n1:al I~ac1: Repor1: for Seven Springs
Ranch. The prop.r1:y involved can1:ains approxima1:ely
148 acres and is generally bounded by RainbOM Drive,
S1:elling Road and Prospect Road. Recoe.ended for
approval. (These applica1:ions 1:0 be heard in
conjunction with Applica1:ian 25-2-80.)
Direc1:or of Planning and Developmen1: Sisk reviewed 1:he
proposed projec1: wi1:h 1:he Council.
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"INUTES OF THE KAY 6, 1985 CITY COUNCIL "EETINS (CC-b70)
Ji. Jackson, 10141
In~~l~d, reviewed
~he dftVel cp~t.
Somerse~ Cour~, a~~orney representing
his l&~~er regarding wat~ delivery ~o
(Ci~y Cl~k'. No~e:
arrived a~ 7:55 p.m.)
A..is~ant to the City Managr.- Brown
Donald Senuta, 1247 W.ymouth Drive, complimen~ed In~erl.nd
Development for tl.eir openn_s at neighborhood _tings.
He also complimen~ed ~he Direc~or of Pub'ic Works for his
efforts in bringing diverse opinicn~ ~oge~her.
Ann MCElroy, South Stelling Road, expressed concern
regarding additional traffic on S~elling.
It was moved by Counc. Sparks, seconded by Counc. Rogers
and passed unanimously to close the public hearings.
It was moved by Coone. Gatto, seconded by Coune. Rog&rs and
passed unani~sly ~o endorse the Environmental Review
CDDmi~~ee's recommenda~ion that the amendment to the zoning
is minor, and ther~ore a revision ~o ~he Environmental
Iepae~ Report is not necessary.
It was moved by Counc. Plungy, s~=onded by Coune. Rogers
and passed unanimously to read Ordinance No. 1305 by ~itl.
only and ~he Ci~y Cler~'s reading to constitute the firs~
reading thereof.
It was moved by Coune. Sparks, seconded by Coune. Rogers
and passed unanimously ~o approve the use permi~
~ification per Planning Commission Resolution No. 2626.
It was moved by Counc. Rogers, seconded by Coune. Plungy
and passed unanimously to approve Appliea~ion 3-TM-B5 per
Planning eo..ission Resolution No. 2627 with Condition No.
20 .-ended to s~ate tha~ the fire sta~ion site shall have a
mini_ of 230 ft. of dep~h as _asured frCNII ~he righ~ of
way line for ~he S~elling en~rance road and shall be as
delineated on Exhibit G of 3-TM-85J Condi~ion No. 19 shall
read that the development shall be served by ~he Cuper~ino
Water Utility; should the Ci~y put in capaei~y larger than
needed to serve Seven Springs, In~erland shall only pay i~s
percentage based on requirements to serve Seven Springs
alone.
It was moved by Counc. Sparks,
and passed unanimously to approve
Rainbow Drive per Exhibit F
3-T"-85.
seconded by Coone. Plungy
~he .~reet alignment for
of 9-U-83 (Revised) and
-9-
I'Ht«JTES OF THE /'lAy 6. 1985 CITY COUNCIL /'IEETING «(;[:-670)
Council r.ques~.d ~ha~ ~he a~plican~ return with ·
co.prehensive landscaping plan.
It Nas IIIOved by Counc. Roger., ser:onded by Counc. Gatto and
passed unaniMOUsly to approve the on-site ph.sing plan per
Planning Commission "inut. Order Resolution No. 2628.
It Nas IIIOVed by Co~nc. Gatto, seconded by Counc. ROO""S and
passed unanimously to adopt Resolution No. 6564 approving
lease .greeMent Nith Central Fire Protection District.
PUBLIC HEARINGS (continued)
41. Consideration of vacation of a portion ~f Adriana
Avenue.
(a) Resolution No. 6559: "A Resolution of the Ci~y
Council of ~he Ci~y of Cupertino Orde-ing Vacation
of a Portion of Adriana Avenue, from Stevens Creek
Boulevard to a Point Approximately 200' North; and
a Portion of Stevens Creek Boulevard between
Orange Avenue and Adriana Avenue; Retaining the
Adriana Portion and the S~evens Creek Portion ..
Public Service Easemen~s, and a Portion of Adriana
as a Sanitary Sewer Easemen~; a. Provided in
Section 8320 Et Seq. of the Streets and HighNays
Code of the State of Cal i for !'Ii a. "
Director of Public Work. Viskovich reviewed the propos.d
vacation with Counci~.
It was IIIOved by Counc. Sparks, ~econ~~d by Counc. Gatto and
passed unani~sly to close the public hearing.
It was IIOved by Counc. Plungy, ser..",r:!ed by Count.. Gatto and
passed unani.ously to adopt ResolLtion No. 65~9.
42. Consideration of closure of Olive Avenue.
(a) Resolution No. 6560: "A Resolution of the City
Council of the City of Cupertino C'rdering Vacation
of a Portion of Olive Avenue as Provided in
Section 8320 Et. Seq. of the Streets and Highways
Code of the State of California, Retaining it ..
Public Utility Easement, Public Service E....-nt,
Sanitary Sewer Easement, Landscape Eas..-.nt,
Pedestrian and Bicycle Easement."
Directc.r of Public Works Viskovich reviewed the propos.d
closure with Council.
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I'lINUTES Of THE I'IAY 6, 1985 CITY COUNCIL I'tEETINe (CC-670)
Andy Hall, 21761 D11v. Avenu., repr.senting the He..o""er.
Association requested that stop signs be installed at the
intersection ~ Pasadena and Olive.
Ja_ Dyer, 2168~ Loaita Avenue, pointed out an error in
the _p b.ing exhibited. He stated that the ar.a for_ly
zoned industrial is n~ Mixed use with so.e residential and
the closure would no longer be separating industrial frOM
residential. He inquired about the potential i.pact of
Highway 85 on the str..ts in that ar.a and expr..sed
opposition to the proposed closure.
It _s IIDVed by Counc. Sparks, seconded by Counc. Gatto and
passsed unanimously to clos. the public h.aring.
It wa.. IIDved by Counc. Sparks, seconded by Counc. Gatto and
passed unani.-ousl y to adopt Resolution No. 6540.
Director of Public Works Viskovich steted that he will be
meeting with the n.ighborhood and COMe back to the City
Council in 45-60 days regarding other traffic ..asur.. in
the area.
43. RequltBt for rate incr.... - United C.ble Television of
Cupertino.
It _s lIIDVed by Counc. Gatto, seconded by Counc. Rogers and
passed unani.ously to close the public hearing.
It __ lM)Ved by Counc. Sparks, SlK:onded by Counc. Plungy
and passed unaniMOUsly to approve a 5X increase retroactive
to April 1, 1985 adjusting the basic rat. to $8.40.
44. Consideration of revocation of Gill Cabl. TV franchi...
NEW BUSINESS
50.
Request that Sill
Corporation be
Industries, Inc., a
Industries, Inc., a
recognized as as.ignee
California Corporation.
Dela...,.e
fro. Gill
(a)
.
Resolution No.
Counci I of the
Industries, A
frDIII gill
Corporation. .
6498: "A R_olut.ion of the Ci ty
City of Cupertino Recognizing Gill
Delawar. Corporation as Assign_
Industries, Inc., A California
-11-
MINUTES OF THE HAY 6. 1985 CITY COUNCIL MEETING (CC-670)
Bob Hesfeldt. Executive Vice President/General Manager.
Gill Cable. addrwssed Council regarding undergrounding of
Gill Cable. He informed Council that Gill would be
undergrounding cable in Cupertino probably during the next
fiscal year. He stated this could be a condition regarding
Sill Industrie9, a Delaware Corporation, being recognized
as assignee from Gill Industries, a California Corporation.
Hr. Large. Vice President of Engineering for Gill Cable
stated that the cable of Gill and the cable of United Cable
Television is different but not incOMpatible. Cupertino
City Council meetings could be put on the community access
channel in San Jose which is a basic service.
Council rp-quested that the proposed Resolution No. 6498 be
amended to include a condition of undergrounding.
Ken Kelly. 7483 De La Farge. expre9sed dissatisfaction with
Gill Cable.
It was moved by Counc. Gatto. seconded by Counc. Rogers and
passed unani~sly to close the public hearing.
It was moved by Counc. Gatto. seconded by Counc. Plungy and
passed unanimously to ,-dopt Resolution No. 6498 with
paragraph 4 a-.nded to state that Gill has agreed to
underground the cable in Cupertino prior to 1990 where
utilities are already undergrounded and that th eCupertino
undergrounding will be done prior to beginning the 400
.iles in San Jose.
Council suggested
of Cupertino City
inforlllal basis.
that Gill look at the live cablecasting
Council ...tings and report back on an
PLANNING APPLICATIONS
45. Application 2-U-67 (Revised) of Corporation of the
Presiding Bishop of the Church of Jesus Christ of
Latter-Day Saints - A utah Corporation: Use Permit to
add 2,430 sq. ft. to an existing Church facility with
16.220 sq. ft. for a total of 18.650 sq. ft. and
Environ-.ntal Review: The Planning COBaission
recommends the granting of a Negative Declaration. The
subject property is loc:ated on the east side of
Stelling Road approximately 125 ft. south of Pepper
Tree 1 ane. Rec~nded for approval. (Thi.
applicdtion to be heard in conjunction with Application
5-1-85) .
ThIS item had been continued to June 3, 1985.
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t "IMUTES OF THE KAY 6, 1985 CITY COUNCIL HEETINB (CC-670)
47. Applicat.ion l-Y-85 o~ Tho_. L_ondak: "Yariance ~rCNt
Section 8.3.1 and 8.3.2 of t.he Zoning Ordinance to
per.it a 4'6" .etback in lieu of a ~ ft. ..t.back
required ~or a single st.ory el eaent. , and a 4'6" satback
in lieu o~ a 20 ~t.. set.back required ~or a second st.ory
el..-nt. and Environment.al Review: The project. is
cat.egorically RXempt., hence, no action i. required.
The suhject propert.y is locat.ed on the north .ide of
Stevens Creek Boulevard approximat.ely 400 ~t.. .ast. of
Janice Avenue in a RI-I0 (Resident.ial Singl~a.ily,
10,000 sq. ~t. mini~ lot size> zoning dist.rict.
Recommended for denial. (Applicant. reque.t.s t.his b.
cont.inued t.o "ay 20, 198~.>
(a) Resolut.ion No. 6536: "A Resolut.ion of t.he City
Council of the Cit.y of Cupert.ino Grant.ing a
Variance t.o Thomas Lesondak from Sect.ion. 8.3.1
and 8.3.2 of the Zoning Ordinance t.o Per.it. a 4'6"
Setback in Lieu o~ a ~ Ft.. Set.back Required ~or a
Single St.ory Element., and a 4'6" Set.back in Lieu
of a 20 Ft.. Set.back Required for a Second St.ory
El~t.."
Þ This item had been cont.inued t.o May 20, 1985.
ARCHITECTURAL AND SITE APPROVAL CDt1t1ITTEE APPLICATION
51. Considerat.ion of ordinance and resolut.ion pert.aining t.o
e.t.ablishing landlord/t.enant. relat.ions service.
(a> RetlOlut.ion No. 6561: "Resolution of the City
Council of t.he City o~ Cupert.ino t.o Requ..t
Proposal. for a Landlord/Tenant. Relat.ions Service
to Provide Conciliat.ion, Mediation, Training,
In~or_tien and Re~erral Servic.s as Part. of a
Rent.al Disput.e Mediat.ion Program."
(b) First. reading of Ordinance No. 1306: "An
Ordinance of t.he City o~ Cup.rtino Adding Chapter
2.78 t.o the Lity MUnicipal Cu~e Establishing ·
Process ~or Is.uance of Subpoe,'''S in Relation to
the Landlord Tenant "-diat.ion Proc......
As.ist.ant. to t.he City "anager
review, .t.aff is rec~nding the
en page 6 of ~h. resolution being
BrONn .t.ated that upon
elimination o~ It.. No. 4
pr.sent.ed.
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þ
"INUTES OF THE MAY 6, 1985 CITY COUNCIL MEETING (CC-670)
Sally Br~nan told Council that she had talk~ with s~
citizens and c~itt_ ~__s who have b..,.. opp~ to the
elimination 0+ It.. No. 4 (public .ediation proc..s) so
that they were aware it would be discussed this evening.
Council w.s infor..d that Cupertino residents would be
given priorty as -.diators. Council requ..ted that this be
put into the contract with the service provider.
Also to be added in the contract is
Service will keep records for five
available for review.
a stat..-nt that the
years and they will be
David Smith, Tri County Apart.ent Association, discu.sed
page 5, paragraph C.(!) 0+ the proposed re!IDlution with
Council.
Council eHpressed
tenant mediation
implementation of
after startup.
support for the idea of the landlord
co..itt.e reviewing the succe.s of
the program approximately SiH months
It was moved by Counc. Rogers, second~ by Counc. Plungy
and passed unanimously to a-.nd paragraph C.(l) on page to
read as follONs:
NThe Service will provide second tier mediation upon
written request fro. either party to the dispute and
reco...ndation 0+ the ..diator. The Service shall notify
all relevant parties, in writing, that second tier
.ediation ha. been requested.N
It was .-Dved by Counc. Plungy, seconded by Counc. Roger.
and passd unanimously to delete It.. No.4, paqe 6, of the
resolution.
It was lIOVed by Counc. Rog....s, seconded by Coum:. Satto and
passed with Counc. Sparks dissenting to adopt Resolution
No. 6561 as ---.ded.
It _s lIOVed by Counc. Plungy, seconded by Counc. Rog....s
and passed unanimously to read Ordinance No. 1306 by title
only and the City Clerk's reading to constitute the first
reading th....eof.
52. Selection 0+ architect for Civic Cent.... eHpansion.
City ttan..g.... Quinlan pointed out the i.-portance of keeping
all costs p....taining to library expansion separate fr~
those costs for the City Hall and plaza .edifications.
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MINUTES OF THE MAY ó, 1985 CITY COUNCIL MEETING !CC-Ó70>
It was moved by Counc. Gatto, ..conded by Counc. Plunoy and
passed unani~sly to retain the servicØ5 of Holland East
and Duvivier, Inc. for Phase I develop..nt includino the
expansion of City Hall, develop..nt of a Civic Center Plaza
and preparation of a grant application for the library, to
authorize commencement of work at this time with the
provision that the formal agreement will be presented at
the May 20 Council meeting, and to authorize the use of
present funds allocated for City Hall modification.
53.
(Removed
regarding
removal.
frOG agenda.) Report and recOGnendation
consultants - Communication Center. (Request
Will reschedule when information received.)
31. Application IB-U-B4 of Cupertino City Center
(Prometheus Development): Requesting approval of
landscaping for Phase II construction of the second
office building, and combined parking
garage/residential structure. The property is located
on the west side of Torre Avenue approximately bOO ft.
south of Stevens Creek Boulevard. RecomDØnded fer
approval.
NEW BUSINESS (continued)
54.
Application
( PrOllletheus
alllphitheater
IB-U-B4
Development
design.
of Cupertino City Center
Co~any): Consideration of
Director of Planning and Development Sisk reviewed the
proposed design with Council.
Mark Kroll representing Cupertino City Center Associates
an....,.ed question. of Counci I and presented Paul Lettieri.
Mr. Lettieri reviewed the drawing. with Council. Council
suggested that the pool be IIIDved, the area with the kiosk
be IDMl!red, and that the entrance to the area be opened
up. They r.que~ted that .c..one going by along Torre
Avenue would able to see through to the amphitheater. They
also stated ~hey would not object if it ...,.e necessary to
renove the tennis court. Council also felt that there
should be ØQre landscaping on the parking decks.
þ
It was IIIOved by Counc. Rogers, seconded by Counc. Gatto and
passed with Counc. Plungy dissenting to request eQre
landscaping on parking deck, to approve the concept of half
Olympic size pool; design may or may not include tennis
court, concept of amphi theatlPr approved; to direct
applicant to c~ directly back to Council; su~g..ted pOO!
be MOved, area with kiosk be lowered and requested entrance
way be opened up.
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I'lINUTES OF TI£ MY 6, 1985 CITY COUNCIL /'IEETING CCC-670)
WRITTEN COMMUNICATIONS
~~. None.
ORDINANCES
56. Second reading eof Or-dinance No. 1293: NAn Or-dinance of
the City of C'Jper"tino AnIIInding Section 1 of Or-dinance
No. 2 by Rezoning Approxi_tely 2.14 Bros. Acr_ fro.
RI-IO Zone to P Zone' Located on the Southeast Corner
of Blaney Avenue and Price Avenue.-
It "as IIIOved by Counc. Plungy, seconded by Counc.
and passed unanimously to read Or-dinance No. 1293 by
only and the City Clerk's reading to constitute the
reading thereof.
Roger.
ti tie
second
It "as moved by Counc. Plungy, seconded by Counc. Rogers
and passed unani~usly to enact Or-dinance No. 1293.
RESOLUTIONS
57. Resolution No. 6541: NA Resolution of the City Council
of the City of Cupertino Opposing Certain Proposed
~dllll!ntS to the Federal Tax Laws."
It "as IIIOved by Counc. Plungy, seconded by Counc. G.tto and
passed unani~sly to adopt Resolution No. 6541.
NON-A6ENDA BUSINESS
Recognition by Mayor of special requests.
(a) City Council
Upon bei ng
been built
Developnumt.
a.ked if Dr- .
a. d_igned,
.t.ated t.hat. it.
BrONn'S veterinary
the Direct.or of
had been.
buil di ng
Planning
had
and
(a) General Audience.
None.
(c) Staff
It _s -.Dved by Counc.
and passed unanimously
authorizing execution
Oaks Park.
Plungy, seconded by Counc. Rogers
to adopt. Resolut.ions 6565 and 6566
of grant deeds for parcel s at. Thr_
The City At.torney requested a closed session to discuss a
.atter of litigation and possible litigation.
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MINUTES OF THE !'lAy 6, 1985 CITY COI.H:IL I1EETIN6 (CC-670)
A~ \\:\2 p... Coun~il adjourned ~a a closed ....ian in th.
Conf.-ence RDOIII.
At 11:~ p..... Council reconvened in Council Ch.IIIb.... in
open ....ion.
All Council .-.b... were present .. were City
Corneliu.. City Attorney Kilian. Director of Finance
and eo..unity Affair. Dffic.- BI.ckburn.
Clerk
Snyder
John Bianchi - It _. IIIDVed by Counc. RDQ...... .econded by
Counc. Gatto and pa..ed un.ni~.ly to ratify a .~.OOO
off.- to 1'Ir. Bianchi.
Reagan-Bush C4allpaiQn - Counci I took no action.
The meetinQ _. adjourned at 11:30 p....
- /!~{
CiU~-
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