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CC 06-17-80 ·; . ,. , CITY OF CUPERTIN'J, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA :;:;014 Telephone: 252-4505 MINUTES OF TIlE ADJOURNED REGIJ"..AR MEETING OF THE CITY COUNCIL HELD ON .JUlIE 17. 1980 IN TIlE COUNCIL CIlAMBER. CITY BALL CUPERTINO, CALUORNIA The meeting was called to order at 7:35 p... by Mayor Rogere in the Council Chamber of City Hall. ROLL CALL Counc. Present: Gatto (8:20 p...), Plungy, Sparks (left at 8:26 p...), Mayor Rogers Staff Present: City Man.ger Quinlan City Clerk Cornelius Director of Public Works n..¡'.ovich Director of Planning and Development Sisk Director of Finance Snyder City Attorney Kilian NEY BUSINESS 42. Report on bid opening for Stelling Road Extension, Project 80-22, and award of contract. It was moved by Colmc. Sparks, seconded by Counc. Plungy and passed unan- imously with Counc. Gatto absent to award the contract for Project 80-22, Stelling Road Extension, to Calhoun Bros. Grading and Paving for $12,465 and approve an additional amount of $5,200. 43. Report on bid openeing for Street Maintenance Slurry Seal, Project 80-55, and award of contract. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan- i~UBly with Counc. Gatto absent to award the slurry seal project (80-55) to Valley Slurry in the amount of $79,17~.88 and retain an additional $8,000 for contingency. 44. Report on bid Lpenings for Mann Station, Project 80-38, and award of contracts: (a) Generator (b) Main Panel (c) Pumps (d) Electrical It was moved by CJUDC. Sparks, seconded by Counc. Plungy and passed unan- imously with Counc. Gatto absent to take :he following actions: ....506 'ag8 1 Stelling Rd Ext. con- tract to Calhoun Bro, Slurry Seal contract to Valley Slurry CcA>6 Pa'fll"1. Award of Mann Statio contracts Varian Park contract to Collishaw Corp. . Three Oaks Park con- tract to Robert Quatman Bids re- jected Torres claims re- f'te,¡ '~~~';/[{!f;~:?J~~'~ MINUTES OF THE JURB 17, 1980 CITY COUlIICIL MEETING a. Generator (1) Approve p~~cbas. of. a new generator. (2) Disqualifl low bidder (EACO), $35,763, as they did not aeeC specificationa. (3) Waive irregularities of Electro-Motion, Inc. and awarel purchase to them in amount of $35,864. b. Kain Panel - Award to K', t.ica1 Power Products for $12,020. c. Pump - Award to Western well Drilling Co. for $14,202. d. Electrical - Award to P & L Electrical for $23,656. 45. Report on bid open~g for Varian Park, Project 80-01, and award of con- tract. It was moved by Counc. l-lungy, seconded by Counc. Sparks and passed with Counc. Gatto absent to award Var~an Park project (80-01) to Colliabaw Corp. in the amount of $154,685; appropriate an additional $6,000 from the Construction Tax Fund for contingency and staking; retain the entire $165,000 budgeted amount. 46. Report on bid opening for Three Oaks Park, Project 80-28, and award of contract. It was moved by Counc. Plungy, ~ _conded by Counc. Sparks and passed unanimously with Counc. Gatto absent to award Three ~ks Park site improve- ment, Project 80-28, to Robert Quatman for the amo~, of $174,529 and carry the remaining $175,471 over to 1980-81 fiscal year for contingency and street improvement costs. 47. Report on bid opening for Stevens Creek Boulevard/Miller Avenue Landscaping, Projects 80-06 an¿ 79-23, and award of contract. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously with Counc. Gatto absent to reject all bids for Project Bo-06 and 79-23, Stevens Creek Blvd./Miller Avenue Laaáscaping and carry the budgeted amoun: ($53,000) over into 1980-81 fiscaJ year. The project is to be advertised within a week. 48. Claim filed on behalf of Karcellna T""res for pers'-:tal injuries resulting from alleged accident at Homestèad Road and Tantau Þ:.enue. 49. Claim filed on behalf of Blanca Stella 'Ù,rres for personal injuries resulting from alleged accident at Homestead Road and Tantav Avenue. It wôs movod hv rounc. $pörks, seconded by Coune. Plungy and passed unanimously with Counc. Gatto absent to reject the claims of Marcelina Torres and Blar.ca St¿lla Torres. The City Clerk will notify the claima~ts. . MINUTES OF THE JUNE 17, 1geo CITY COUNCIL MEETIRG 50. Complaint t:> Quiet Title, Gerald V. Root, et al., plaintiffs. It was aoved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously with Counc. Gatto absent to direct the City Attorney to file a disclaimer Ïor the Complaint to Quiet Title, Gerald V. Root, et aI, plAintiffs. 51. D1~~ussion regcrding prioritization for the Planning Depal tment. H.' Pase 3 i.claimer or Root omplaint to uiet Tit Ie By consensus, Council continued this item to the ......,~óf Continued June 23, 1980. 52. Discussion of resource study in relationahip 'tocU,.... r preparedness. It was moved by Counc. Sparks, seconded by Counc. Plungy Continued and passed unanimoualy with Counc. Gatto absent to continue discussion of resource study in relationship to disaster preparedness to July 21, 1980. 53. Resolution No. 5323: "A Resolution of the Cit~ Counci ùf the City of Cupertino A~proving Cupertino Water Budget 1980-81." . It was moved by Counc. Sparks, secunded by Counc. Plungy and passed unanimously with Counc. Gatto absent to adopt Resolution No. 5323. 54. Resolution No. 5324: "A Resolution of the City Counci of the City of Cupertino Setting Bonded Debt Tax Rate for the Fiscal Year 1980-1981." It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously with Counc. Ga,"o absent to approve a reduced tax rate and adopt Resolution No. 5324 setting bonded debt tax rate for the 1980-81 fiscal year. 55. Authorizing extension of work and additional appropri- ation for Stevens Creek Bo~levard improvement at the rail- road project. It was moved by Counc. Sparks, saconded by Counc. Plungy and passed unanimously to appropriate additional funds for completion of Stevens Creek Blvd. improvement at the Rail- road project as follows: , $1 ',000 from Water Utility Reserve for water line in- stallation. $52,000 from Master StorÅ“ Drain Fund for extension of storm linos. $35,000 from General Fund for additional street work. $97,000 Total Adopt Res. No. 5323 Reduced tax rate approve Res. N". 5324 adopted Appr'Jpriatior for comple- tion of SCB improve- ment . C~OS p. .\ Purchase of Case Tractor Sheriff's contract approved . Reading of Urgency Ord. 1024, Fire- works Ord. No. 1024 enacted Motion to waive bus- iness lic- ense fees defeated , Second read- i:1g of Ord. 1016 I MINU~ES ~F THE JUNE 17, 1980 CITY COUNCIL HEETINO 56. Authorization to purchase tractor. It was moved by Counc. Sparta, seconded by Counc. PlunlY and paaaed unAnimously with Counc. Gatto absent to waive formal bidding procedure for purchase of a tractor, appro- priate $14,319.18 for acquiaition of a Case Tractor a~d delete the $20,000 for fiscal 1980-81. 57. Agreement with County of Santa Clara Sherifi'a Depart- ment, 1980-81. Larry Kelly, Undersheriff, addressed Council and answered questions regarding the coutract. It was moved by Counc. Sparta, seconded by Counc. PlunlY and passed unanimously with Counc. Gatto absent to approve the 1980-81 contract for police .ervices subject tc the maximum net activity hour reconciliation. WRITTEN COMMUNICATIONS 58. None ORDINANCES 59. Urgency Ordinance No. 1024: "An C'rdinance of the City of Cupertino Adding Chapter 10.24 of the Cupertino Municipal Code Relating to Sale, Use and/or Discharge of Fireworks within the C~ty." (City Clerk's note: Counc. Gatto arrived at 8:20 p.m.) It was moved by Counc. Sparks, seconded by Counc. Plangy and passed with Counc. Gatto abstaining to read Ordinance No. 1024 by title only as amended to include the date of June 18, 1980 inserted on pages 5 and 6 of the ordinance. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to enact Ordinance No. 1024. It was moved by Counc. Sparks, seconded by Counc. Gatto to waive business license fees for organizations selling fireworks. Councilmembers Plungy and Rogers dissented; as the motion did not receive a majority vote, it waS defeated. (City Clerk's note: Counc. Sparks left at 8:26 p.m.) 60. Second reading of Ordinence No. 1016: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No.2 by Rezoning Approximately 3 Acres from RI-IC. AI-43 and Rl-IOag Zones to BQ Zone; Locat~d on the Southeast Corner of McClellan Road and Stelling Road." It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously with Counc. Sparks absent to read Ordinance No. 1016 by title only and the rity Clerk's reading to conßtitu~e t~e second reading. t . MINUTES OP THE JUNE 17, 1980 CITY COUNCIL HEETING It waa moved by Counc. Plungy, eeconded by Counc. Gatto and pasaed unanimously with Counc. Sparka absent to anact Ordinance No. 1016. 61. Second reading of Ordinance No. 1020: "An Ordinance of the City of Cupertino Amanding Section I of Ordina e No. 2 by Pre zoning Approximately 1.25 Gross Acrea fro Santa Clara County R3-4 Zone to City of Cupertino P Zone; Located in the Monta Vista Neighborhood on the South Side of Olive Avenue Approximately 135 Ft. West erly of Imperial Avenue." It ~as moved by Counc. Plungy, seconded by Counc. Gatto an passed unanimously with Counc. Sparks absent to read Ord- inance No. 1020 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Gatto an passed unanimously with Counc. Sparks absent to enact Ord- inance No. 1020. . 62. Se"ond reading of Ordinance No. 1021: "An Ord inance of the City of Cupertino Amending Section I of Ordina e No. 2 by Rezoning Approximately 13.53 acres from RI-2 Zone; 2.20 Acres from RI-50 Zone; 4.75 Acres from Al- Zone; 6.44 Acres from AI-IOO Zone; Consisting of a Total of Approximately 27± Gross Acres, to RHS Zone; Com.only Known as the 'Rainbows End Subdivisior', Gen erally Located Southerly of and at the Westerly Termi pus of aâiß)ov Drive Approximately 400 Ft. Westerly of Bubb Road." It was moved by Counc. Gatto, seconded by Counc. Plungy aG passed unanimously with Counc. Sparks absent to read Ord- inance No. 1021 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously with Counc. Sparks absent to enact Ordinance No. 1021. , 63. Second reading of Ordinance No. 1017: "An Ordinance of the City of Cupertino Amending Sectiou 1 of Ord- inance No. 2 by Prezoning Approximately 55 Gross Acre from Santa Clara County Rl-lO to City of Cupertino RI-IO; Consisting of that Unincorporated Area C0mmonl Referred to as the Creston Subdivisi0n Located in the Southesst Guadra~t of Highway 280 and Foothill Boule- vard." It was moved b) Counc. Plungy. seconded by Counc. Gatto an~ passed unanimously with Counc. Sparks absent to read Ordinance No. 1017 by title only and the City Clerk's reading to constitute the second reading. '116"'506 Page 5 Ord. 1016 enacted Second read- ing of Ord. 1020 Ord. 1020 enacted Second ing of 1021 read - Ord. Ord. No. enacted I 1021' Second read- ing of Ord. 1017 , CC-SOf Pae 6 ~. No. 101 enacted Second read- ing of O~d. 1018 Ord. 1018 enacted . Second read- ing of Ord. 1019 Ord. 1019 enacted First read- '30f Ord. MINUTES OF THE JUNE 17, 1980 CITY COUNCIL MEETING It was moved by Counc. Gatto, seconded by COdnc. Plungy and passed unanimously with Counc. Sparka absent to e~act Ordinance N~. 1017. 6~. Second reading of Ordinance No. 1018 : "An Ordinance of the City of Cupertino Amending Section 1 of Ordinence No. 2 by Prezoning Approximately 2~~ Grola Acres from Santa Clara County RI-IO Zone to City of Cupertino RI-IO Zone; Generally Located in the Southweat Quad- rant of Homestead Road and Highway 85 and Encompassea Those Unincorporated Parcels Fronting on Barranca Drive, Hibi~cus ~rive, Hibiacus Court, Wallace Drive, Peninsular Avenue, Caroline Drive and Maxine Avenue." It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously with Counc. Sparks absent to read Ordinance No. 1018 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Gatto, seconded by Counc. Plungy aDd passed unanimously with Counc. Sparks absent to enact Ordinance No. 1018. 65. Second reading of Ordinance No. 1019: "An Ordinance o. the City of Cupertino Amp-nding Section I of Ordinance No. 2 by Prezoning Approximately 27.8 Acres from Santa Clara CounDY RI-IO Zone Plus .4~ Acres from Santa Clara County R2 to City of Cupertiuo RI-IO Zone; and .3! Acres from Santa Clara County CN to C.ty of Cupertino CG Zone; Generally Located in the South- west Quadrant of Stevens Creek Boulevard and Foothill Boulevard and Northerly of Stevens Creek Boulevard between California Oak Way and Foothill Boulevard." It was moved by Counc. Plungy, seconded by Counc. G~tto and passed unanimously with ~ounc. Spórks absent to read Ordinance No. 1019 by :itle only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously with Counc. Sparks absent to enact Ordinance No. 1019. 66. First reading of Ordinance No. 1023: "t.n Ordinance of the City of Cupertino Amending Section 11.12.030 of the Cupertino Municipal Code Relating to the Es- tablishment of Prima Facie Speed Limits on Stelling Road between Stevens Creek Boulevard and Alves Drive." It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously with Counc. Sparks absent to read Ordinance No. 1023 by title only and the City Clerk's reading to con- stitute the first reading. t' . . . MINUTES OF THE JURE 17, 1980 CITY Coo.CIL HlITIRG 67. Firat reaeli4g of Ordinance No. 1025: "An Ordinance of the City of Cupertino Amandin. Secti~n 11.24.150 0 the Cupertino Municipal Coele, aelatinl to Stopping, Standing or Parking On Public Sereee. and Provielinl for Signs Notifying the Public thereof." It was moved by Counc. Plungy, seconded by Counc. Gatto an passed unani.oualy with Counc. Sparka abaent to re.eI Jrel- inance No. 1025 by title only and the City Cleck's reaeling to constitute tbe firat reading. RESOLUTIONS 68. Resolution No. 5320: "A Resolution of the City Coun- cil of the City of Cupertino Authorizing Reimburse- ment to Nellie Corporation from Ma.ter Storm Drain Fu d for Master Storm Line Construction in Conjunction wit Tract No. 6310." It was moved by Counc. Plungy, ~econdeel by Counc. Gat~o an passed unanimously to authorize ~eimburaement to Nellis Corporation anel adopt Reaolution No. 5320. NON-AGENDA BUSINESS 69. R~~ognition by Ma!or of special requests. (a) General audience. None (b) City CouDcil It vas moved by Counc. Gatto, seconded by Counc. Rogers and passed unsnimously with Counc. Sparks ebsent to accept a gift for the tree fund in the ~mount of $8.60 from Counc Plungy. On June 23, Co~ncil will inf~rm òtaff of a possible meet- ing cancellation in August. By consensus, the Director of Planning and Development was authorized to notify the County that Council had reviewed LAFCO's policy regarding land under the Williamson Act wit an Urban Service Area and foresaw no problems for Cupertin At 8:45 p.m., the meeting was adjourned to an executive session t~ discuss personnel matters and possible litiga- tion. The meeting reconvened in open session at 9.~5 p.m. ? -~'F:·- .'06 Page 7 riret reading of Ord. 102S Adopt Re". No. 5320 Gift for tree fund ;Hll~..:mson Act review in Executive se"lsion ·506 ·8 o~rned mtg.. July 8 re cab Ie TV - . HIRUTES OF tHE JOWE 17, 1980 CITY COUICIL ,n:""~,r.,. "',1'#' "";]';..../ r::;!~:,;~:_:.~'~ HEETIIQ";< '. I~ was .oved by Couuc. 'lunay, aecouded by COUllc.· 8.~to and passeel unaniaoG.ly with Couuc. Sparks absent to bold 6n aeljourueel regular meetIna ou July 8, 1980 regarel1.. cable TV. At 9:47 p... the aeeting waa adjourDed to 6:00 p.... 3une 23, 1980. ~dj.4: C~~1 lark ,,"