CC 11-17-80
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA ~5014
Telephone (408) 252-4505
HIROTES OF THE REGULAR MEETING OF TIlE CITY COutfCIL
HELD ON NOVEMBER 17, 1980 IN THE CONFERENCE ROOM, CITY HALL
CUPERTINO, CALIFOlUIIA
Mayor Rogers called the meeting to order in the Council Chamber at 6145
p.m.
SALUTE TO THE F!,AG
ROLL CALL
Counc. Present: Gatto, Plungy, Sparks, Mayor Rogers
Staff Pre.ent:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Mr. Phil Johnson, newly elected Councilmember, waa given his Oath of
Office.
At 6:55 p.m., the meeting was adjourned and reconvened in the Conference
Room.
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Manager's Report
It was moved by Counc. Plungy, seconded by Coune. Gatto and p..ased unan-
imously to approve the appro~riation transfer required under the Cuper-
tino financial participation in the County library, aubject to review
by the City Attorney.
(City Cler~'s Note: Counc. Gatto left the Conference Room at 7:00 p.m.)
City Clerk's Report
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto absent to accept Phil Johnson's resignation from the
Planning Commission.
(City Clerk's Note: Counc. Gatto returned to the Confe~ence Room at 7:0
p.M. )
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto dissenting to accept applications to fill the vacancy on
the Planning Commission until January 7, 1981. Interviews of the appli-
cants will be held January 12, 1981.
It was moved by Counc. Sparks, seconded by Coune. Plungy and pasaed unan
imously to approve waiver of business license for Holiday Project throug
December 26, 1980.
CC-520
Page I
Oath of Office
for Johnson
Appropria t ion
transfer for
library
Resignation
from Planning
Commiss ion
Applications
for Planning
Commission
Waiver of fee
for Holiday
Project
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Page 2
earing on
Circulation
Elellent
No ubjection
to Hebrew In-
stitute of
California
referral
Appoint.enta
~.
Item removed.
Consent Calen-
dar approved
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MINUTES OF THE 1IOVEMBER 17, 1980 CITY COUNCIL M!l'rIlfG
By consensua, Council aet 7:30 p..., Tuesday, Decl!llbcr 16, 1980 as the
Ume for a public hearing on the Circulation El_t of the General
Plan. The City Clerk will publish' legal noticea.
(City Clerk's Hote: City Attorney Kilian arrived at 7:18 p...)
2. County Referral - Use permit for private high school - Rancho
Rinconada facility, 18S2S Bollinger Road.
It was moved by Counc. Sparks, seconded by ColD1c. Gatto and passed
unanimously to authorize the Mayor to aign a letter ataUng no partic"lar
objection to County Referral of Application 12SD-62-64-S0P, Hebrew
Institute of California, provided that the number of students is li.ited
per the application and that the trailers are removed upon termination
of the school USe.
Phil Johnson was appointed to the North Central and Rortbwest Flood
Control Zone Advisory Committee and to the Legialative Review Committee
(replacing Reed Sparka).
At 7:35 p..., the .eeting was adjourned and reconvened in Council
Chamber at 7: 40 p...
ROLL CALL
Counc. Present: Gatto, Johnson, Plungy, Sparks, Mayor Rogers
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
City Attorney Kilian
CONSENT CALENDAR
Counc. Gatto removed Item II from the Consent Calendar. It was moved
by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to
approve the balance of the Consent Calendar.
8. Resolution No. 5479: "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 October 30,
1980."
9.
Resolution No. 5482: "A Resolution ,f the City Council of the City
~f 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 November 5, 1980,"
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MINUTES OF THE NOVEMBER 17, 1980 CITY COUNCIL IŒETIØG
10. Reaolution No. 5483: "A Resolution of the City ColD1cil of the City
of Cupertino Allowing Certain Claims and DeBaacla Payable in the Amo ta
and from the Funcla aa Hereinafter Describeel for Salaries and Wages or
the Period Ending November 4, IS80."
11. Rellllved
12. Resolution No. 5486: "A Ref'Olution of the City Council of the City
of Cupertino to Change Street Haae of Patrician Court to Minaker
Court, Tract No. 6717, Patrician Townhouses, at Granada Avenue and
Byrne Avenue, as Provided in Section S026 of tbe Streets and High-
ways Code, State of California."
13. Resolution No. 5487: "A Resolution of the City ColD1cil of the
City of Cupertino Accepting Grant of Eaa_t for Roadvay Purposes
from Parviz I. llam9ar Consisting of Approu.ate1y 0.19 Acre, Lo"~
cated along Hiramonte Road."
14. Resolution No. 5488: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for aoadvay P~rposes from
Ernest E. Baxter and Connie Sue Baxter ConaiatiJIg of Approximately
0.01 Acre, Located along Miramonte Road."
15. Resolution No. 5489: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for ar:»advay Purposes from
D<>rothy "offman Consisting of Approximately 0.011 Acre, Located
along Price Avenue East of South Blaney Avenue,"
16. Resolution No. 5490: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Improv_nt Agre...,nt and
Signing of Improvement Plans of Property Located along Randy Lan~;
Developer, Mrs. G. Lowrey."
17. Resolution No. 5491: "A Resolution of the City Council of the City
of Cupertino Approving the Application for Grant Funds under the
Solid Waste ManagelDent Act of 1980."
18. Resolution No. 5493: "A Resolution of the City Council of the City
of Cupertino Acc~pting Grant of Easement for Roadway Purposes from
Truman Ransom Bratton and Glory Anne Bratton Consisting of Approxi-
mately 0.03 Acre, Located along Hiramonte Road."
19. Resolution No. 5494: "A Resolution of the City Council of the City
of Cupertino Accepting a Grant of Easement for Public Service from
Truman Ransom Bratton and Glory Anne Bratton Located d10ng ~ira-
monte Road; Approximately 0.07 Ac~'e."
20. Application HC-51,383.2 - Good Samaritan United H..thodist Church
requesting approval of an architectural modification (patio cover)
for an existing church. Said property is situated at the 5~utheast
corner of Linnet Lane and Homestead Road in a BA (Quasi Public)
zoning district. Recommended for appr0val.
CC-520
Page 3
IAo
,age 4
tI·
"Save the Seal
Day" proclaime
~~ hearing
.:0.5492
adopted
KIJlUTES OF TIlE !IOV J!MBER 1/, 1980 CITY COUJICIL MEKTIlIG
21. Application HC-Sl,395.2 - May Inveatllent (Scenic Boulevard· Cuper-
tino Meadows It) requesting approval of as-unit residentis] clueter
deve10pllent to be locateel at the nort"ener1y terminua of Scenic
Boulsvud just south of StsvelUl Creek Boulevard. Said property
ia aituated in a P (Planned Development with reaidentia1 intent)
aoning district. Rec_decl for approval.
22. Application BC-Sl,476.1 - George Buck r8queatinl IIpptoval of aite,
architectura, landacapina anel lightina for an of~ice ~uilc1iD8 to
be located at the northeast cornar o~ Foothill Boulevard slid SteVens
Creek Boulevard, in a P (Planned Deve1op-.nt with office int..t;
zone. Rec~ended for approval.
23. Request for waiver of business license fees.
(a) P~rple'Heart Veterans Rehabilitation Servicea, I~c.
(b) Citizens Action League.
(c) Santa Clare County Girl Scout CO\D1cU.
24. Minutes of the regular City Council meetina of NovlDber 3, 19b.).
(CC-SI9)
Vote
AYES:
NOES :
ABSENT :
ABSTAIN:
Members of the City Council
Gatto, Johnson, Plungy, Sparks, Rogers
None
None
None
ORAL COHKUlUCAT1ONS
25. Presentatic;n of proclamation for "Save the Seal Day" in Cupertino.
Counc. Plungy present~d a proclamation to sdventh grade students at
Kennedy Junior High School which declared November 24, 1980 as "Save
the Seal Day" in Cupert........o. Students present to receive the proclama-
tion were Mark Plungy, Tina Chen, Karen Kwan and Alex Hill.
PUBLIC HEARING
26. Consideration of annexation of area designated "Bubb 80-5".
(a) Resoluti¡¡n No. 5492: "A Resolution of the City Council of
the City of CU~drtino Making its Order Describing the Boundaries
Designated as 'Bubb 8D-5' to be Annexed to the City and Ordering
Annexation to the Ct>:", Approximately 0.88 Acre, More or Less."
It was moved by Counc. Gatto, seconded by Counc Sparks and pdssed
unanimously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Spacks and passed
unsnlmously to adopt Resolution No. 5492.
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MINUTES OF THE NOVEMBER 17, 1980 CITY COUNCIL MEETING
27. ArplicaUon 38-Z-80 of Robert E. and Diane H. Schey: Prezon1ng
approximately 1.356 groas acres from Santa Clara County AI (Resi-
dential and Agricultural) zone to City of Cupertino P (Planned De-
velopment with single-family residential, 1-5 dwelling units per
gross acre intent) zone snd Environmental Review: The Planning
Comaission recommends tùa granting of a Neaati.e Declaration. The
subject property is located adjacent to and southerly of Bollinger
Road at its present w8!lterly terminus approximately 120 ft. west
of De Foe Drive. Recoaaended for approval.
(a) First reading of Orelinance No. 1081: "An Ordinance of the Cit
of Cupertino Amending Section I of Ordinance No. 2 by Prezonin
Approximately 1.356 Gross Acres from Santa Clara County AI
Zone to City of C,.pertino P Zone; Located Adjacent to and
Southerly of Bollinger Road at ita Prpsent Westerly Terminus
Approximately 120 Ft. West of De Fooi! Drive."
PLANNING AP!'LICATIONS
28. Application 22-U-SO of IIobert E. and Diane H. Schey: Use Permit
to construct seven residential dwelling units and Environmental
Review: The Plannini¡ Comm1ssion recODlDends the granting of a Nega-
tive Declaration. The subject property i~ located adjacent to k~d
southerly of Bollinger Road at its present westerly terminus approx
imately 120 ft. ~est of De Foe Drive. RecODlDended for denial.
Phil Schwimmer, a representative of th£ applicant. addressed Council re-
garding the applicatio,s.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Sparks .Hld passed unan-
imously to approve Application 38-Z-80 per Planning Commossion Resolatio
No. 21:>1.
It was rnved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to grant a Negative Declaration for Application 38-Z-80.
It was moved by Counc. Plungy, seconded by Counc. Spa~ks and passed unan
imously to read Ordinance No. 1081 by title only and the City Clerk's
reading to constitute the first reading.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to refer Application 2¿-U-80 back to the Planning Commission.
29. Application 26-U-80 of Saleem Shaikh: Use Permit to construct a
si~gle-family residence in a Planned Development zoning district
and Environmental Review: The Environmental Review Committee rec-
ommends lhe granting of a lIegative Declaration. The subjpct
property is located at the northern terminus of the paved ~egment
of Riviera Ro~d approximately 100 fl. north of the Intercecllon
of Riviera Road and Scenic Circle. Recommended for approval.
CC-520
Page 5
Public hearing
closed
38-Z-80
approved
N"gative Dec.
for 38-Z-80
First reading
of Ord. 1081
22-U-80
referred to
Planning
_0
age 6
Negative Dec.
for 26-U-SO
2f-U-80
apl'roved
Ofllt,tree can
be moved
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19-TH-80
approved
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Discuss in
closed session
Con t i nueò
HIHUTES OF THE ROVEMBER 17, 19S0 CITY COUHCIL .ØETIIIG
It vas moved by CoIØ\C. Gatto, seconded by Counc, Sparks and pasaed
unant.ouøly to grant a Negative Declaration for Application 26-C-SO.
It vas I80ved by Counc. Sparks, seconded by ColD1c. PlunaY and passed
unanil80usly to approve Application 26-I1-S0 por Plannin. eo-taa.l.on
Re801ution Bo. 2155.
a,. consensus, Co'lDcil agreed that the oak tree couli be r81lOved in
the construction of the lIouse if necesaery.
30. Application 19-'l'M-80 of Park Plaza Development I Tentative Hap
to aubdivide appr01imately 4.7 acrea into 79 ind1V1aual townbuuse
parcels and a parcel or parcela covering the r~n1na area to be
held in COSlOn ownera~.ip and Env1rODlUlltal 1eviav. The project
was previously aasessed, hence, :10 action ia required. The aubject
property 18 located on the southweat corner of Stevena Creek Boule-
vard and Po~.a1 Avenue. Rec_end" for approval.
It waa IDOved by Counc. Sparks, aecondecl by ColØ\c. PlunaY and pa..ed
unanimously to approve Application 19-'JH-80 per Planning eo.aiaaion
Resolution No. 2157.
ARCHITECTURAL AND SITE APPROVAL CC»IHlTTEE APPLICATIONS
31. Hone
ITEMS RElÐVED FROM CONSENT CALElIDAR
11. Resolution 110. 5485: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 7 for Traffic
Signal Interconnect System, Project 78-12."
It was moved b) Counc. Sparks, seconded by Counc. Plungy And passed
unanimously to diJCUSS this item ia closed session because of possible
litigation.
UNFINISHED BUSINESS
33. None
NEW BUSINESS
34. Appointm~nt of Councilmembers to Commissions, Committees and Boards.
(Done earlier in meeting.j
35. Amcndment to the Solid wd3te ~anageme~t Plan for Santa Clara County
regarding Hellyer Canyo~ and ?roposal for landfill.
(a) Resolution No 5495: "A Resolution of the City Council of
th~ City of Cupertino Co~curring in sn Amendment to the Solid
Waste Management Plan fa: 3anta Clara County for the Proposed
Hellyer Canyon Landfill."
It was moved by Counc. Sparks, seconded by Co~.c. Plungy and passed
unanimously to continue this item to December 15, 1980.
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MINUTES OF TIlE NOVEMBER 17, 1980 CITY COUNCIL MEETING
36. Request for appropriation for High Pressure Sodium Conver.ion
projects.
It was moved by Counc. Gatto, aeconded by Counc. Plungy and passed unan-
imously to èppropriste $8,300 plus a 10% contingancy of $800 from the
General Fund for couv.raion of mercuryvapoT lum1nairea to high presaure
sodium.
37. Request for appropriation for repair of guardrail on Stevens Creek
Boulevard west of Stevens Creek.
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CC-520
Page 7
Conversion of
lUllinaires
It was moved by COlD1c. Sparks, aeconded by Counc. Gatto and passed unan- Repair of
imoualy to appropriate $7,000 from th. General Fund for the repair of guardrail
the guardrail on Stevena Crepk 90ulevard.
38. Minor lot line adjustment, Lota 26 and 27, Tract 6190.
It waB moved by Counc. Gatto, seconded by Counc. Sparks .nd p....d unan-
imously to approve the request for lot line adjustment. for Iota 26 and
27, Tract 6190.
WRITTEN COHMUNICATIOIiIS
. 39. None
ORDINANCES
40. Second reading of Ordinance No. 1077: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi
mately .23 Acre from Rl-IO Zone to P Zone; Located at the Northern
Terminus of the Paved Sepent of Riviera IIDad Approximately 100 Ft.
North of the Intersection of Rivera IIDad and IIcenic Circle."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unan-
imously to read Ordinance No. 1077 by title only and the City Clerk's
reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to enact Ordinance t~. 1077.
41. Second reading of Ordinance No. 1078: "An Ordinance of the City
of Cupertino Amending Section 11.20.020 of 'he Cupertino Municipal
Code, Relating to Vehicular Stop Required on Saich Way, Beardon
Avenue, E. Park Circle and W. Park Circle at Alves Drive."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed un an
imouRly to read Ordinance No. 1078 by title only and the City Clerk's
reading to constitute the second reading.
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Lot line adj ust
ment
Sacond reading
of Ord. 1077
Ord. No. 1077
enacted
Second reading
of Ord. 1078
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- Ord. No. 1078
i!DOualy to enact Ordinance No. 1078. enacted
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Second reading
of Ord. 1079
Ord. No. 10/9
~a"ted
Second reading
of Ord. 1080
Ord. No. 1080
entled
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Res. No. 5485
adopted
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luJIu 1&8 OF TIlE HOVEHBEIl 17, 1980 CITY COUNCI1. IlEETI1IIG
42. Second reaeling of OIdinance 110. 1079: "An Cl':'elinance of the Cit)'
of CupertitlO Amending OTeliDaDce No. 931 Regulating Stopp1ø¡., Standing
or Parking on Privata Streece, and Providing tor Sips Ifotifyina tha
Public Thereof, and Further Providing for Panalt1ea for Violat ion
Thereof."
It vaa D:Oved by Counc. Plungy, seconded by ¡.;cunc. Sparks anel p...ed
unani-.ously to reael OIelinance No. 1079 by title only and the Cit)' Clerk's
reading to constitute the sacond reading.
It was moved by Counc. Gatto, seconded by Counc. Sparks and paaaed
unani-.ously to enact OTdinauce No. 1079.
43. Second reading of Orelinance No. 1080: "An OTdinance of the City
of Cupertino "-nd1ng Section 11.16.030 of the Cupertino Municipal
Code to Inclnde Bandley Drive and Delete Alves Drive ae
Designated Through Street."
It vaa moved by Counc. PIlD1gy, seconded by Coune. Sparks and paaaed
unanimusly to read OTciinance No. 1080 by title only and the City r.lerk's
reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed
unanimously to enact OTd1nance No. 1080.
NO~AGE!lDA BUSDlESS
Mrs. Ann Anger expressed her appreciation to Council for the free fall
ref use pickup.
At 8:25 p.m. the meeting adjourned to closed session in the Conference
Roo.. The meeting was reconvened in open session in the Council Chamber
at 8:45 p.m.
I t was moved by Couuc. Plungy, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5485 (Item II on Consent Calendar).
Maffei carport It was moved by Counc. Sparks, secondeò by Counc. Gatto and passed unan-
imously to refer the c~rport of Mr. Maffei to staff who will report
back December I, 1980.
At 8:50 p.m., it was moved by Counc. Gatto, seconded by Counc. Johnson
and passed unanimously to adjourn to 7:30 p.m., Tuesday, November 18, 1980.
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City Clerk -
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