CC 07-07-80
"
,
.
Cln OF CUPUTIltO, STAT' OF CALHU1UUA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF THE REGULAR MEETIJIG OF THE CITY t;OURCIL
HELD ON .JULY 7, 1980 IN TIlE COIIFEREIICE ROOK, C:TY HALL
CUPERTINO, CALIFORNIA
Mayor Rogers called the meeting to order in the Conference Roo. of City
Hall at 6:55 p.m.
ROLL CALL
Coun-::. Present: Gatto, Plungy, S¡>arks, Mayor Rogers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Finance Snyder
Administrative Services Officer Brown
City Attorney Kilian (711S p.m.)
STAFF REPORTS
1. Oral reports DY staff members and sub.issiun of written reports.
City Manager's Report
Parking Regulations - Recreational Vehicles - Co~cil requested more in-
formation regarding Ordinance No. 276 {Chapter 11.28 of the Municipal
Code) pertaining to recreational vehicles.
Contract for the 1980-81 Consultant on HCDBG - It was moved by Counc.
Plungy, seconded by Counc. Sparks and passed .manilll( usly to renew the
City's contract with ~he HCDBG consultant at the rate of $20 per hour.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to adopt Resolution No. 5352 approving equity pay adjustments.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to adopt Resolution No. 5354 changing title from Public Works
Supervisor to P,,'-lic Works Superintendent.
It wss moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5353 changing title from Administrative
Services Officer to Assistant to the City Manager.
City Clerk's Note: City Attorney Kilian arrived at 7:15 p.m.
2. Report regarding the City's Deferred Compensation Prog.am.
(a) Resolution No. 5339' "A Resolution of the City Council of the
City of Cupertino amending the Plan Docunent, Participation
Agreement öndCuato4ial Agreement of the Deferred Compensation
Plan as adopted by Resolution No. 4082."
It was moved by Coun~. Sparks, secoIded by Counc. Plungy and passed unan-
imously to adopt Resolution No. 5339.
CC-508
Page 1
Recreational
vehicle park-
ing
HCDBG con-
sultant
Res. No. 5352
adop red
Res. No. 5354
adopted
Res. No. 5353
adopted
Res. No. 5339
ado¡>ted
~8
P.2
Appointments
to com.ittees,
coaoissions
and boards
.
.
MINUTES OF TIlE .JULY 7, 1980 CITY COUNCIL MUTIlIG
COUNCIL REPORTS
Counc. PlunS}' was appointed to
œ.iil.t~~~;;,r .'co''; . '.' c
the .cttr .är¡úifidit{'I~~
·.~·d,~~}:;
Mayor Rogers waa appointed alternate to the North Santa Clara Colmty
Municipal Solid Waste Management Pro@ram.
Either Coune. Plungy or Counc. Gatto will be appointed to the Central
and North Central Flood Control Zone Adviaory CoaDittee, depending
upon the meeting time of the committee.
Coune. Gatto was appointed to the Traffic Reeluction Subcommittee.
The meeting was adjourned to the Council Chamber at 7:30 p.m.
At 7:35 p.m., Mayor Rogers called the meeting to order in the Council
Chamber of City Hall.
SALUTE TO THE FLAG
ROLL CALL
COlmc. Present: Gatto, Plungy, Sparks, Mayor Rogers
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Finance Snyder
City Attorney Kilian
Director of Public Works Viskovich (8:00 p.m.)
CONSENT CALENDAR
7. Resolution No. 5318: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable
in the Amount and from the Funds as Hereinafter Described for
General and Miscellaneous Expenditures for the Period Ending June
17, 1980."
8. Resolution No. 5319: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims acd Demands Payable
in the Amounts and from the Funds as Hereinafter Described for
Salaries and Wages for the Payroll Period Ending June 17, 1980."
9.
Resolution No. 5335: "A Resolution of the City Council of the
City of Cupertino Allo~ing Certain Claims an~ Demands Payable
in the Amount and from the Funds as Hereinafter Described for
General and Miscellaneous Expenditures for the Period Ending
June 24, 1980."
10.
Resolution ~o. 5336: "A Resolution of the City Council of the
City of Cupertino Allowing Çertain Claims and Demands Payable
in the Amount and from the Funds as Hereinafter Describe¿ for
General &nd Miscellaneous Expenditu.~s for the Period Ending
June 10, 1980."
.
.
þ
MINUTES OF THE .JULY 7, 1980 CITY COUNCIL MEETIIC
11. Resolution No. 5337: "A Resolution of the City Colmcil of the City
of Cupertino Allowing Certain Claims and u..-nds Payable in the
Amounts and from the Funds aa Hereinafter Described for Salaries
and Wages for the Payroll Period Endi!lg July 1, 1980,"
12. Application PC-51,088.5 - Tymabare, Inc. requesting approval of site
and architectural ~difications to an exiscJDg light industrial
facility, to allow the installation of an aDtenna. Said property
is located on the west siele of Bubb Road ia a KL (Light Industrial)
~oning district. Recommended for approval.
13. Resolution No. 5340: "A Resolution of the City Council of the City
of Cupertino Rescinding Resolution No. 5160 and Amending the Con-
ditions of Employment with the City Hanager by the Granting of a
Monthly Car Allowance."
14. Acceptance of letter froE Peat, Harwick, Hltchpll and Company,
Cettified Public Accountants.
15. Resolution No. 5),\5: "A Resolution of the City Council of the City
of Cupertino Authorizing the Execution of aD Agreement with B. Saich
for Lease of a Portion of Memorial Park OrdIard."
16. Resolution No. 5346: "A Resolution of the City Council of the City
of Cupertino Approving the Final Hap and J.provement Plans of Tract
No. 6717, Located at the Northeast corner of Byrne and Granada;
Developer Griffen and Murren; Accepting Certain Easements; Auth-
orizing Signing of Final Map an~ Improv~ Plans; Authorizing the
Execution of Agreement in Connection Th~th."
17. Acceptance of City Project pe~formed under contract:
North De Anza Blvd. Median Landscapiag, Project 79-14.
18. Reeoluticn No. 5347: "A Resolution of the City Council of the City
of Cupertino Approving the Improvement Pl.-s of a Two Story Office
Building located East of De Anza Boulevard au the North Sioe of
Stevens Creek Boulevard; Developer, De Aaza Ventures; Authorizing
Signing of Improvemt!nt Plans, Authorizing the Execution of Agree-
ment in Connection Therewith."
19. Resolution No. 5348: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Landscape Architect Agree-
ment between the Lity of Cupertino and Royston, Hanamoto, Alley
and Abbey - Monta Vista Park."
20. Minutes of the regular City Council meetiDg of June 16, 1980.
(CC-505)
21. Minutes of the adjourned regular City Coœncil meeting of June 17,
1980. (CC-506)
22. Minutes of the adjourned regular City Council meeting of June 23,
1980. (CC-507)
i
CC-S08
Pa.. 3
~o:
Consent Cal-
endar approved
Incident at
South Seas Bar
.
Res. No. 5325
adopted
Negative Dec.
for I-GPA-80
.
MINUTES OF THE .JULY 7. 1980 CITY COUNCIL MEETING
It was moved by COlmc. Gatto, secondeel by Counc. Plungy and pa..ed
unanimously to approve the Consent Calendar.
Vole
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Plungy, Sparks, Rogers
None
None
None
ORAL COMMUNICATIONS
23. David Savory, 10539 S. Blaney, Cupertino, addressed Council re-
garding an incident at the South Seas Bar and expressed concern about
the City's contract with the Sheriff's ~epa~tment.
Bart Guinn, 10672 Tantau, Cupertino, also spoke in reference to the
incident. He ~ill contact the Mayor and make an appointment to speak
with her.
Fred St. Clair, Rodrigue9 Avenue, sugg9sted they contact the County
Human Relations Commission.
Barton Guinn, 10672 Tantau, addressed Council regarding alleged brutality
of the Sheriff's Department.
PUBLIC HEAJl.INGS
24. Application I-GPA-80 of the City of Cupertino: Public Hearing to
consider the Amendment to City of Cupertino General Plan concerning
Land Changes for the Area E containing approximately 5.3 gross
acres from Residential 20-35 dwelling units per acre to Residenti41
10·,15 dwelling units per acre and Environmental Review: The
Planning Co~ission recommends the granting of a Negative Declarati~n.
Said property is located at the southwest cor..er of Portal Avenue
and Stevens Creek Boulevard. Recommended for approval. (Continued
from meeting of June 16, 1980 at which time Public Hearing was
closed. )
(a) Resolution No. 5325: "A Resolution of the City Council of the
City of Cupertino AmeDding the Land Use Element of the Com-
prehensive General Pia"."
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
with Counc. Gatto disseT-ting to adopt Resolution No. 5325.
It was moved by Counc. Plungy, seconded by Counc. Sparks and ;-"ssed
unanimously to grant a Negative Declaration for Appli~ation I-t \-80.
.
.
.
MINUTES OF TIlE .JULY 7, 1980 CITY COUNCIL MEETING
25. Application 19-Z-80 of City of Cupertino (Poppy Drive): Pr.zontna
approximately 3.0 gross acrea from Santa Clara County Rl-IO (Resi-
dential, single-family, 10,000 sq. ft. minimum lot size) zone to
City of Cupertino Rl-IO (Reaidential, single-family, 10,000 aq. ft.
minimum lot size) zone and Environmental Review: The Planning
Commission recommends the granting of a Negative Declaration. Said
property encompasses 11 existing single-family parcel. located on
the north and south side of Poppy Drive westerly of Foothill Boule-
vard. RecoDlDended for approval.
(a) First reading of Ordinance No. 1028: "An Ordinance of the City
of Cupertino Amending Section I of Ordinance No. 2 by Prezoning
Approximately 3.0 Gross Acres from Santa Clara County RI-IO
Zone to City of Cupertino Rl-IO Zone; Located on the North and
South Side of Poppy Drive Westerly of Foothill Boulevard."
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Spa~ks and passed unan-
imously to grant a Negative Declaration for Application 19-Z-80.
It was mov~d by Counc., Sparks, seconded by Counc. Plungy and passed unan-
imously to approve the application per Planning Commission Resolution No.
209¿.
It was moved by Counc. Gatto, seconded by Caunc. Plun~/ and approved with
Counc. Sparks absent to read Ordinance No. 1028 by title only and the
City Clerk's reading to constitute the first reading.
26. Application 2o-Z-80 of City of Cupertino (Linda Vista Drive): Pre-
zoning approximately 6.5 acres from Santa Clara County RI-8 (One
family residence, b,OOO sq. ft .minimum lot eize) and AI-lac (Resi-
dential and Agriculture, one acre minimum lot size) zone to City of
of Cupertino Rl-7.5 (Residential, single-family, 7,500 sq. ft. mini-
mum lot size) zone and Environmental Review: The Planning Commissio
recommends the granting of a Negative Declaracion. Said property
is lo~ated on the south side of McClellan Road approximateJy 170 ft.
westerly of Linda Vista Drive and on the east and west side of Mad-
rid Road southerly of McClellan Road. Reco~mended for approval.
(a; First reading of Ordinance No. 1029: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
ap?roximately 6.5 acres from San:a Clara County RI-8 and AI-lac
zone to City of Cupertino Rl-7.5 zone; located on the South Sid
of McClellan Road approximately 17P Ft. Westerly of Linda Vista
D,ive and on the East and West Side of Madrid Road Southerly
of McClellan Road."
It was moved by Counc. Soarks, seconded by Counc. Plungy and passed unan-
imously to c10se the public hearing.
CC-S08
Page 5
Public hearing
clo~ed
Negative Dec.
for 19-Z-80
19-Z-80
approved
First reading
of I}rd. 1028
Public hearing
closed
c'.S
P 6
Negative Dec.
for 20-Z-80
20-Z-S0
approved
Fi"st reading
of Ord. 1029
.
Public hearing
closed
Negative Dec.
for 2l-Z-80
2l-Z-80
approved
MIIWTES OF THE JULY 7, 1980 CITY COUNCIL MEETING
It was moved by Counc. Plungy, seconded by Counc. Sparu anel pasaeel
unanimously to grant a Negative Declaration for Application 2o-Z-80.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed
unanimously to approve Application 2o-Z-S0 per PlanninR Cammiasion
keaolution No. 2093.
It was moved by Counc. Plungy, seconded by Counc. Sparks and pa,.aed
unanimously to read Ordinance No. 1029 by title on1y and the City Clerk's
reading to constitute the first reading.
27.
Application 21-Z-80 of City of Cupertino (Bollinger Road/Blaney
Avenue): Prezoning approximately 32 gross acres from Santa Clara
County Rl-6 (Residential, Single-family, 6,000 sq. ft.minimum lot
aize) zone to City of Cupertino Rl-6 (Residential, ~ingle-family,
6,000 sq. ft. minimum lot size) zone and Environmental Reviews
The Planning Commission recommends the granting of a Negative
Declaration. Said property is located in the northeast quadrant
of South Blaney Avenue and Bollinger ~ad. The area ~ncampasses
those parcels bounded to the ",est by South Blaney Avenue; to the
south by Bollinger Road; to t~e east bytbe row of lots on the
ease side of Alderbrook Lane; and t~ the north by Calabazas Creek
and the north side of Lindenbrook Lane and Brookwell Drive.
Recommended for approval.
(a) First reading of Ordinance No. 1030: "An Ordinance of the
City of Cupertino Am~ding Section I of Ordinance No. 2 by
Prezoning Approximately 32 Gross Acres from Santa Clara County
Rl-6 Zone to City of Cupertino Rl-6 Zone; Located in the
Northeast Quadrant of South Blaney Avenue and Bollinger
Road; Encompasses Parcels Bounded to the West by Row of
Lots on the East Side of Alderbrook Lane; and to the North
by Calabazas Creek and the North Side of Lindenbrook Lane
and Brookwell Drive."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to close the public hearing.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to grant a Negative Declaration for Application 21-Z-80.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to approve Application 21-Z-80 per Planning Commission
Resolution 2095.
First reading It was moved by Cou~c. Plungy, seconded by Counc. Sparks and passed
of Ord. 1030 unanimously to read Ordinance No. 1030 by title only and the City Clerk's
reading to constitute the first reading.
.
·
MINUTES OF THE .JULY 7, 1980 CITY COUNCIL MEE'l'ING
28. Application 22-Z-80 of Geralel V. anti Marion L. Root: Pre zoning
approximately 1.6± gross acres from Santa Clara County RI-IO (one
family reaieleoce, 10,000 sq. ft. minimum lot size) zone to City of
Cupertino PD (Planned Development with residential intent.) zone and
Environmental Review: The Planning Commission rec-.nda the
gra"ting of a Negative Declaration. Said property fa located on the
east aide of Scenic Boulevard approximately 325 ft. northerly of
Palm Avenue. RecODDended for approval.
(a) First reading of Ordinance No. 1031: "An Ordinance of the City
of Cupertino Amending 5ection 1 of Ordinance No. 2 by Prezoning
Approximately 1.6± gross acres from Santa Clara County Rl-IO
zone to City of Cupertino PD zone; Located on the east side of
Scenic Boulevard approximately 325 f·. northerly of Palm
Avenue. It
It was moved by Cowc. Sparks, seconded by Counc. Plungy and passed unan-
imously to close the public hearing.
It was moved b~- Counc. Sparks, seconded by Counc. Plungy and passed unan-
imously to approve Application 22-Z-80 per Planning Camadssion Resolution
No. 2095.
·
It was roved by Counc. Sparks, seconded by Counc. Pllmgy and passed unan-
imously to graùt a Negative Declaration for Application 22-Z-80.
I t was moved by Counc. Plungy, se"onded by Counc. Sparks and passed unan-
imously to read Ordinance No. 1031 by title only and the City Clerk's
reading to constitute the first reading.
29. App~_ication 23-Z-80 of Edward Loeswick: Rezoning approximately .16
acres from Rl (Residential, Single-family) holdover San Jose zoning
district, to the City of Cupertino RI-6 (Residential, Single-family,
6,000 sq. ft. minimum lot size) zone and Environmental review: The
Planning Commission recommends the granting of a Negative Declara-
tion. Said property is at 7415 Plum Blossom Drive which is located
on the north side of Plum Blossom Drive approximately 150 ft.
easterly of Poppy Way (three lots east of Poppy Way). Recommended
for approval.
(a) First reading of Ordinance No. 1032: "An Ordinance of the
City of Cupertino Ameuding Section 1 of Ordinance No. 2 by by
Rezoning Approximately .16 Acres from Rl Holdover San Jose
Zoning District, to the City of Cupertino RI-6 Zone; Located
at 7415 Plum Blossom Drive Located on the North Side of Plum
Blossom Drive Approximately 150 Ft. Easterly of Poppy Way."
·
It was moved by Counc. Sparks seconded by Counc. Plungy and passed unan-
imously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed una~-
imously to grant a Negative Declaration for Application 23-Z-80.
CC-508
Page 7
Public hearing
closed
22-Z-80
approved
Neg.¡tive Dec.
for 22-Z-80
First reading
of Ord. 1031
Public hearing
closed
Negative Dec.
for 23-Z-ÖO
C.8
pJII' 8
2.3-Z-80
approved
Ord. No. 1032
given first
reading
Continued to
July 21 meet-
ing
"Road strip
ann~xatlon"
.
HlHl/TES OF TIlE JULY 7, 1980 CITY councIL MEETING
It was moved by COlmc. Sparks, seconded by Counc. Plungy and p....d
unanimously to approve Application 23-Z-80 per Planning Coma1ae1on
Resolution No. 2096.
It was moved by Counc. Plungy, seconded by Counc. Sparks and pas.ed
UDa,~iaoously to read Ordinance No. 1032 by title only the th'" City Clerk' a
reading to constitute the first reading.
30. Appeal of Planning eo.ission decision filed by O. La1rel IluDt_n
(Application 6-0-80).
It was moved by Counc. Gatto, seconded by Counc. Sparks and va8sed
unanimously to continue this item to the me~ting of July 21, 1980 at
the request of the applicant.
Colmcil reqtlèsted .a.rlfåation of "road at...."emeUtiÖDT...pj:Ucton
from th~ City Attorney.
PLAIIIIING APPLICATIONS
None
ARCHITECTURAL AND SIn APPROVAL COMMITTEE APPLICATIONS
31. Application HC-5l,342.3 - Winchell's Donuts requesting an exception
to the established s1go program for a shopping center to allow a
different background color and an increøsed sign height. Said
property is located at the southwest corner of Stevens Creek Boule-
vard and East Estates Drive in a CG (General C01llllercial) zo.,tng
district. Reco.-ended for denial.
VerI McMillan, 30150 Ahern, Union City, representing Winchell's Donuts,
informed Council that 3igns currently in the center are of different
colors.
Sign approved It WdS moved by Counc. Sparks, seconded by Counc. Gatto and passed
unanimously to approve a 24 inch yellow and brown sign under the con-
dition that the present pole sign is removed.
.
Continued to
July 21 meetin
The City Clerk will inform members of ASA~ regarding this decision.
ITEMS REMOVED FROM CONSENT CALENDAR
32. None
UNFINISi.ED BUSINESS
33. Second reading of Ordinance No. 998: "An Ordinance of the City
of Cupertino Amendint Section 1 of Ordinance No. 2 by Rezoning
Approximately 5.3 Gross Acres from CG to P; Located at the Southwest
Corner of Portal Avenue and Stevens Creek Boulevard."
It was moved by Counc. Sparkg, seconded by Counc. Gatto and passed
unanimocsly tú continue this item to the meeting of July 21, 1980.
·
·
·
HlROTES OF THE .JUl.'" 7, 1980 CITY COUNCIL MEETING
34. Review of Vallco Aareement, Environmental IlIIpaco: Feea - considerat1
of changing date of pa~nt..
It wr.~ moved by CoaD«:. Sparks, seconded by Counc. Gatto and p....d -
imously to approve --1D& of pa.._.¡raph 12 of the agre_nt with Vallco
l'arl< pertainiaa to Sc::..lale of P&-,.enta. By January 15, 19st, $100,500
will be paid to the C~cy: $67,000 will be paid annually froa January IS,
1982 through January IS. 1996; and $33,500 will be paid January 15, 1997.
Mayor Rogers preaented a proclamation to replesentativ~s c< the Energy-
fast Program. A plaqua -. pres'!nted to the Mayor.
NEW BUSINESS
35. Request for transfer ~f funds fro. Vallco Environmental Impact Fund
to engage service. of consultant to assess the potential noise
impact for construction and operation of a bua transfer station on
Vallco Park.
It was mov..d by Colmc. Sparks, seconded by Counc. Plungy and passed unan-
imously to approve tranafer of $1,300 from the Vallco Environmental I.pac
Fund to the General Fund.
36. Consid£ration of initiating Island Annexation proceedings for area
designated ''HOIMSt'" Villa 80-26".
(a) Resolution Ro. S34':;: "A Resolution of the City Council of the
City of CupertiDo Initiating Proceedings for the Annexation of
Island Desigasted 'BOaestead Villa 80-26', Approximately 29
Acres; Gerwrally Located in the Southwest Quadrant of Ho_stead
Road and Hi~ Ø5 aoù Enc~assing those Unincorpolated Par-
c~ls Fronting CD Jarranca Drive, Hibiscus Drive, Hibiscus Court
Wallace Drive. Peninsular Avenue, Caroline Drive and Maxine
Drive."
Mr. J. M. Noe, 22057 Wallace Drive. asked Council why ~upertino wishes to
annex properties. He requested Council delay initiating proceedings one
month to enable hi. to pass a petition in the islands.
Donald Craig, 1313 Hampton Drive, Santa Clara, spoke regarding AB 3302 an
the pOE~ibility of an election pertaini~g to annexation.
Louis Paviso asked Council when the Inspiration Heights area would be
heard by LAFCO.
City Manager Quintan inf~r.ed him it would probably be in August.
Larry Cook. Homestead Villa resident, requested a one month continuance
in order to circulate a petition.
It was movecl by Co·.nc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto dissentin~ to adopt Resolution No. 5343 and approve the
Site Specific Plan.
1
J ::C-S08
Pllge 9
Vallco Park,
Environmental I
Iapaet F"es
p~t sched-
ul.
Energyfast
Pr?gram
transfer of
funda approved
Res. ~o. 5343
adopted, Site
Specific Plan
approved
C~8
P.IO
Res. No. 5344
adopted, Site
Specific Plan
approved
SUDIDODS re-
ferred to in-
surance car-
rier
.
Meeting of
Goals COlD.
Urgency Orc\.
1027 approved
Aing of Ord.
P 1027
MINUTES OF TIŒ .JULY 7, 1980 CITY COUNCIL MlŒTING
37. Consideration of inicatina island annexation proceedings for
area designated "BunCar Hill/Carolyn Gardens 8" 25".
(a) A ReaolutioD of Che City Council of the Cit~ of Cupertino
Initiating Pror...diuaa for the Annexation of the Ialand Desia-
nated 'Hunter Rill/Carolyn Garden 80-25', Approximately
v 3.06 acres ...ell1' Located in the Southwest Quadrant "'
StevetlS Creek lOuluarel aDr: loothill Boulevarel and Iforl:berly
of Stevena Creek Boulevarel between California Oak Way anel
Foothill BoulevArd."
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
with Counc. Gatto dissenting to adopt Resolution No. 5344, 'and to
approve the Site Specific Plan.
38. Summons and coaplaint for damages - øersonal injuries - auto. Blanca
Stella Torres, Plaintiff.
It was moved by Counc. Spara, seconded by Colmc. Plungy and passed
unanimously to rtfer the Sumaona and Complaint filed in Superior
Court (Blanca Stella Torra., plairtiff) to the City's insurance ca. ler.
39. Establishing a Clti"ns Goals Committee.
(a) Establish aeope of duties.
(b) Set date of meeting.
By consensus, Council set the date of the first meetin~ of ~he Citizens
Goals Co~ttee as July 22, 1980. Alternate dat~s âr~ :~ly 2~ or July 30.
1980. They will meet in the Coaaunity Room of the Library. Council
dir~cted the the Co~tt.. be sent ~opies of the General Plan and the
previous Goals Report for review. After their first meeting, the Com-
mittee will meet with Council. The Committee will also report staffing
needs to the r~uucil.
RECESS: 9:45-9:50 p.m.
40. Consideration of an ordinance relating to abandoned, wrecked and
inoperative vehicles.
(a) Ordinance No. 1027: "An Ordinance of the City of Cupertinc
Amenoing Sections 11.04.090. 11,04.110, 11.04.120, 11.04.130,
11.04.140, 11.04.150, 11.04.160, 11.04.170 and 11.04.180
of the CupertinØ Municipal Code Relating to Abandoned, Wrecked,
and Inoperativ. Vehicles and lJeclaring the Urgency Thereof."
It was moved by Counc. sp~rk~. seconded by Counc. Plungy and passed
unanimously to approve thø urgency ordinpnce.
It was moved by Counc. Gatto. seconded by Counc. Plungy and passed
unanimously to read Ordin4nce No. 1027 by title only and the City Clerk's
reading to constit~te th. reading of the ordinance.
.
.
.
MINUTES OF THE .JULY 7, 1980 CITY COUNCIL MEETING
41. Ame1. _nt of City of Cupertino Environmental Review Procedure i.t
conformance with the adopted amend..nts to the State Guidelines for
Environmental Impact Reports.
It was moveel by Counc. Gatto, aecondeel by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5351.
42. Request fur temporary penit for fruit stand located at the south-
east quaelrant of Stevena Creek Boulevard and South De Anza Boulevard
- Joseph Camarda.
It was moved by Counc. Sparks, seconded by Counc. Gatto and paseed unan-
imously to approvp. a temporary fruit stand on the southeast quadrant of
Stevens Creek BlvJ. and south De Anza Blvd. (Joseph Camarda) for a
period not to exceed 30 days.
43. Proc~~ures for the repair and maintenance of sidewalks.
(a)
Ordinance Ro. 937: "An Ordi;]8Dce of the City Council of the
City of Cupertino Adding a New Chapter 14.28 to the Cupertino
Municipal Code, Setting Forth Alternative Procedures for the
Repair and ~Ainten8Dce of Sidewalks; the Making, Confirming
and Collecting 0: AsSeB81IIents to Pay the Costs Thereof; the
Method of Permitting and Performing Said Work and the Advance-
ment of the Costs Thereof fr01B the Special Assessment Revolv-
ing Fund."
(b) ,~esolution No. 5031: "A Resolution Describing the Procedure
~bereby Repairs to Sidewalks Kay be Undertaken and Financed
Pursuant to Chapter 14.28 of the Cupertino Municipal Code."
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to conticue this item to the regular ~eeting of July 21, 1980.
44. Consideration of minor lot line adjustment - Gloria Item, corner of
San Juan Road and El Cerrito Road.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to approve a minor lot line adjustmeat and state they did not
want future requests for setback variances based on lot size for this
property.
WRITTEN COMMUNICATIONS
None
ORDINANCES
45. Second reading of Ordinance No. 1014: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No.2 by Rezoning
Approximately 5.3 Gorss Acres from RI-IO Zone to P Zone; Located
on the North Side of Stevens Creek Boulevard Approximately 100 Ft.
Easterly of Phar Lap Drive."
CC-S08
Pale 11
Res. No. 5351
adopted
Fruit stand
permit granted
Continued to
July 21 meetin!
Minor lot line
adjustment -
Gloria Item
·
.~2
Second reading
or (,rd. 1014
Ord. No. 1014
enacted
Second reading
of Ord. 1022
Ord. No. 1022
enacted as
amended
ad reading
of Ord. 1023
Ord. No. 1023
enacted
Second reading
of Ord. 1025
Ord. No. 1025
enacted
First reading
o~rd. 1026
MINUTES OF THE .JULY 7, 1980 CITY COUNCIL MEETIBG
It was moved b~' Counc. Plungy, seconded by Counc. Sparks and paased
tmanÍlDOusly to read Ordinance No. 1014 by title only and the City Clerk's
reaJing to con8titute the aeconel reading.
It was IIIOved by Counc. Plb3gy, aecended by Counc. Sparks end pa88ed
unanimously to enact Ordinarlce No. 1014.
46. Second reading of Ordinance No. 1022: "An Ordinance of the City
of L~pertino Adding Chapter 10.48 to the Cupertino Municipal Code
to be Entitled 'CoSlUllity Noise Control'."
It was moved by Counc. Plungy, seconded by Counc. Sparks and µ~~~ed
unanimously to read Ordinance No. 1022 by title only and the City Clerk's
reading to constitute the second reading.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanilllOusly to enact Ordinance No. 1022 with the minor amendments reco.....
mended by the consultant.
47. Second reading of Ordinance 110. 1023: "An Ordinance of the City
of Cupertino f~nding Section 11.12.030 of the Cupertino Municipal
Code Relating to the Establishment of Prima Facie Speed Limits
on Stelling Road between Stevens Creek Boulevard and Alves Drive."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance 110. 1023 by title only and the City Clerk's
reading to constitute the second reading.
It was mcved by Counc. Gatto, seconded by Counc. Sparks and passed
unanimously to enact Ordinance No. 1023.
48. Second reading of Ordinance No. 1025: "A¡; Ordinance of the City
of Cupertino ~nding Section 11.24.150 of the Cupertino Municipal
Code, Relating to Stopping. Standing or Parking on Public Streets
and Providing for Signs Notifying tt.e Public Thereof."
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed
unanimcusly to read Ordinance No. 1025 by title only and the City Clerk's
reading to constitute the second reading.
It wae moved by Counc. Gatto, seconded by Counc. Sparks and passed
unanimously to enact Ordinance No. 1025.
49. F'irst reading of Ordinance No. 1026: "An Ordinance of the City
of Cupertino Adding Section 2.04.040 to the Cupertino Municipal
Code Establishing a Procedure for Filling City Council Vacancies."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 1026 by title only the the City Clerk's
reading to constitute the first reading.
.
.
.
MINUTES OF THE .JULY 7, 1980 CITY COUNCIL HBETDIG
RESOLUTIONS
50. Resolutions pertaining to a November Election to fill Council 7ac-
ancy.
(a> Resolution No. 5341: "A Reaolution of the City ColUlcil of the
City 0 - ~upertino Calling for a Special Election to be Belel
on November 4, 1980 and Requesting Conaolidation of Elections."
(b) Resolution No. 5342: "A Resolution oftbe City Council of the
City of Cupertino Determning Charges ad Regulations for
Candidates Requesting Statement of Candidates or Other Mailings
in Connection with the Special Election of November 4, 1980."
It ....as moved by Counc. Sparks, seconded by Counc. Plungy and passed unan-
imously to adopt Resolution Ro. 5341.
Jt was moved by CoIUIC. Plungy, seconded by Counc. Spar.ks and passed unan-
imously to adopt Resolution No. 5342.
NON-AGENDA BUSINESS
51. Recognition by Mayor of special requests.
Council unanimously approved the recommendations of the Legislative Review
Coœaittee as presented by Counc. Plungy.
Support
No position
Oppose
SB 1972
AB 2464
SB 1352
AB 2376
AB 3302
AB 1960
sa 467
SB 1656
SB 462
The following action was taken on legislative proposals of the League of
California Cities dated June 1980.
Administrative Services
Supports items 1, 2 and 3. Recommend that Fair Political Practices Act
laws and guidelines remain the responsibility of local government and
that SB 90 apply.
On item No. 4 add that whether or not an action against a City if frivo-
lous or without merit it should be deter~ined by a judge.
Add a recommendation that second readings of Ordinances be on a separate
Consent Calendar and reading of title not be required. Anyone ~ishing
~iscussion could remove an Ordinance from the Consent ~alendar.
fo~nity Development
Support items 6 through 9.
CC-508
Page 13
Res. No. 5341
adopted
Res. No. 5342
adopted
Legislative
Review
Committee
recommendations
CW8
P.14
0'
;>ettlement
with Hr. Saxe
City Attorney
salary adjust-
ment
.
IfT..NUTES OF TIlE .JULY 7, 1980 CITY COUNCIL MEETING
Employee Relations
Support items 11 and 13. No poa'Uon on items 10 aud 12.
Publ tc Safet.!.
Support iteas 14 ~hrougb 17.
Revenue and Taxation
No position, items 18 and 19.
Tra"sportation
Support items 20 and 21.
Decision - makinR criteria for LeRis1ature and State Administration
Oppose it..... 1. Support that before activiattng new programs an accurate
3-5 year cost projection be done.
Support items 2, 3, 4, 5, 7, 8, 9, 10 and 11. No position on itPmS 12
through 14.
In place of item 6, Colmcil aupports that when State progr81Ps are reduced,
the ~ost to local programs should be determined 3nd funds transferred
to the local progrBIIS.
Staff will notify "he League of California Cities regarding their position.
At 10:55 p..., the meeting was adjourned to Executive Session ir. the
Conference Room.
At 11:15 the meeting was reconvene~ in open session in the Council Chamber.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to authorize the City Attorney to approach Mr. Saxe regarding
a settlement.
It was moved by Counc. Gatto, seconded by Counc. Sparks and paased
unanimously to amend the City Attorney's salary as follows: 10% increase
to his retainer effective July 2, 1980 and a 4% inclease on his retainer
effective December 31, 1980. The Mayor was authorizl'd to ~xecute an
amended agreement.
At 12:00 midnight, the meeting was adjourned.
li ~ a?£{:-
City Clerk-c.~
I
, '.
.
",'
CITY OF ::tJPERTINO, SUn: OF CALIFORNIA
lC;:¡O Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF TIlE REGULAR KEETIlIIG OF THE CITY COONCIL
HELD ON JULY 21, 1980 IN THE COJU.u.blCE ROCM, CITY BALL
CUPERTINO, CALI101U1IA
Mayor Rogers called the meeting to order in the Conferenee Room of City
Hall at 6:47 p.m.
ROLL CALL
Counc. Present: Gatto, Plungy, Sparks (6:56 p.m.), Mayor Rogers
Staff ¡-resent: City Manager Quinlan
City Clerk Cornelius
Director of Public Works ViskDvich
Director of Planning and Development Sisk
Director of Parks and Reereation Butler
City Attorney Kilian (7:10 p.m.)
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
4It City Manager's Report
.
CC-510
Page I
By consensua, Coune. Gatto was appointed to the Central and North Central Appointment
Flood Control Zone Advisory Committee.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed with
Counc. Sparks absent to approve the request of the rupertino Santa Clara
Republiean Women for a caapaign headquarters on the southeast corner of
Stevens Cree~ Boulevard and De Anza Boulevard.
Campai3n head-
quarters for
Republic~'
Women
By consensus. the request for City funding for the County library will be Library fundin
agendized for the August 18, 1980 Council meeting.
CITY CLERK'S NOTE: Counc. Sparks arrived at 6:56 p.m.
A report regarding recreational vehicles will be included in the August
18. 1980 City Manager's Report.
RV report
City Clerk's Report - Council set Tuesday, July 29, 1980 at 6:30 p.m. ~n ASAC interview:
t~e Conference Room for intelviewing Architectural and Site Approval
COmMittee applicants.
It was moved by Coune. Sparks, aeconded by Coune. Gatto and ~assed unan-
imously to approve waiver of business license fees and parking along
Rodrigues Avenue for the Chamber of Commerce Arts. Crafts and Wine Festi-
val August 2 and 3. 1980.
By consensus, the Fourth of July fireworks evaluation will be agendiz~d
for September 1 Jr 15, 1980. Staff will look for alternate locations for
the event. The Clerk's office will notify the Mayor of the definite
date so it can be printed in the Cupertino Sc~ne.
Chamber .of
Connerce Art
and Wine Festi
val
Evaluat ion 0 f
July 4 fi re-
works