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CC 12-01-80 · .' lit CITY or CUPUTDIO, STAn: or CALUOIllIA 10300 Torre A_, Cupertiao, CA 95014 Telephone: (408) 252-4505 HIIII11'IS or TIll UGU1.AI 'WIUJlG or TIll CITY COI/IIICIL HELD oa DlCDlBn 1, 1980 I1f TIll CunulluCE IIUCII, CI'lY BALL ClJhóbuo, CALIfORRIA At 6:30 p..., KaOr Pre r~.. Sparb called the _ting to order in the Coofereoee aoc~ of City Ball. ROLL CALL Counc. P'cesent: Co-,Jr.c. Absent: Gatto, Johnson, PIUD." Sparks Mayor. Rolers (Attending Rational League of Cities conference) Staft Present: City Hanager Quinlan C1t:; Clerk Coneliua A..sistant to the City llanaaer Brawn Director of '1_1IIS aacI Develo;aent Siak (7:00 p.m.) Director of Public y,."'-a Vialtov1ch (7:02 j).m.) INTERVIEW O. APPLICABTS - PAIIU AIID qcIIEAnœr OCIIHISSION It was aoved by Counc. Plungy. seconded by Couuc. Gatto and passed unan- iaoualy by th_ preaent to cont1Due interviews for Parks and Rec.rea- tion eoa.1s.lioner to the regular City Council _ednl of January 5, 1981 at 6:30 p... STAFF rEPORTS 1. Oral reports by staff members and subaission of written reports. The City M3nager's report was accepted by Council. (City Clerk's ~ote: Director of Planning and nevelopment Sisk arrived at 7:00 p...; Director of Public Works Viakovich arrived at 7:02 p.m.) City Clerl..'s Report - It WaD moved by Counc. Gatto, ceconded by Counc. Plungy and passed unanimously to grant approval for an application for auction license submitted by ~r. Pierre Turgeon. 2. Re.ort on De ADza Median Project. By consensus, Council set January 5, 19tH as t:le regarding the De ~za Boulevard median project. silall be publisned in tile Cupertin.£.ß.c_~~. òate for pul'lic :I"aring Notice of this hearing At 7'20 p.... the meeting "as adjourn.,d. At 7:30 p.m. the meeti-:g was called to order in the Council CnamOe r . SALi.."fE TO THE FLAG C:C-S22 Pese I Interviews for P&R Co_. continued Auction lic- ense Data for hearing re De Anza B! vd . median project ~ .~ Consent c.ù- endar '!pprove . . KINUTES OF TIlE DECEMBER 1, 1980 CITY COalCIL IlEETDlG ROLL CALL Counc. Preaent: Counc. Absent: Gatto, Johnson, Plunsy, Sparkd Mkyor Rogers (Attending National League of Cities conference) Staff Prellent: City I!.¡nager Quinlan City C,erk eorneliua Director of Public Works Viskovich Director of Plcnniog and úevelopment $isk City Attorney Kilian CONSENT CALENDAR Counc. Sparlca reD7Ved Item II from the Consent Calendar. It was moved oy Counc. Gatto, aecorded by Coun'O. Plunsy and passed UllBnil80usly to approve the oaleøce of the Coosent Calendar. 8. Resolution No. 5496: "A Resolution of the City Council of tilC: City of Cupertino Allowing Certain Claims and Demands Payable in the Amount aDd from the Funds as liereinafter Described for General and Miscellaneous Expenditures for the Period Ending November 18, 1980." 9. Resolution No. 5497: "A Reso:ution of the City Council of the City of Cupertino Allowing Certain Claims and Demaods Payable in the Amounts and from the Funds as Herpinsfter Described for Salaries and Wagu for tite Period End ing November 18, 1980." 10. Resolution No. 5500: "A Resolutio:1 of the City Council of the City of Cupertino Declaring its Jfitention to Order Vacation of a Portion of a Waterline Easement within the City of Cupertino Pursuant to Section 50430 Et Seq. of the Government Code ~f thE State of California, Fixing Time and Place fOT Hearing and Pro- viding for Notice Thereof; Tract 6633, CuperTino Kni>l1s." ll. Removed 12. Acceptance of City project perfott,ed under c""tract, Side.alk, Curb and GutTer, Repair Project - Q¡nninghan, contractor. 13. Resolution No. 5502; "A ResolutioT' of tt¡" City 1,;0uncll of ti,e City of Cupertino Accepting Grant of Easement fo" Roadway Pur- poses from James A. Whitaker and Lillian Whitaker Consisting of Approximately 0.15 Acre, Ù'cated along ~liram< :>te Road." 14. Application HC-51,538.1 - Park Plaza Development (Hay Investc:""t) requesting approval of site, arcldce.:ture, landscaping ,md ligl,ring for a 79-unit residential development to be located at tne sout:~est corner of Portal Avenue and Stevens ~reek BoulPJard. S~i~ µroperty i~ situated in a P (Planned Development) zonin~ district. P~commended for approval. '...,.... . MIHt11'ES OP 'IU DEQlEBU 1. 1980 CITY COOHCIL N¡'.I~ 15. llaaolution ~o. 5499: "A RellOlution of the City CoIøIeil of tile City of ~tino Authorizina Execution of . Joint rw..~. Acr-t for Public Agency tnsurance Kanaa-z¡t ßen1cea." 16. Acceptance of lllUDicipal 1IIprov_t: zlDi Bu11c1úa on De Anza Boule- vard - Town Center A880CiatU. 17. Minutea of the regular City Council .etins of". Ler 17, 1980. (CC-520) 18. Minute. of the adjournecl regular City Council ~ing of Novellber 18, 1980. (Co-521) Vote Meabers of the City Couneil AYES: NOES: ABSENT: ABSTAIN: Gatto, Johnson, P1\IDIY, Sparta None Rogers Hone ORAL aHfOHICATIONS 19. None .. PUBLIC IIEA1WfGS At the requeat of the Director of Planning anel Deve1~~ .t, Items 20 and 26 were taken out of order. 21. Vallco Park Assessment District 74-1. (3) lIa~olution Ho. 3871.20: "A Resolution of the City Council of the City of Cupertino Confiraing Aaended Aaaess.ent, Project No. 74-1, AssesBlllent Hos. 11, 12 and 13." Co-522 Page 3 It was moveå by Counc. Plungy, seconded by Counc. Gatto imously to close the public hearing. and passed unan- Public hearing closed It was moved by Counc. Gatto, seconded by Counc. Johnson and passed u~n- imously to Adopt ResoJution No. 3971.20. 22. Vallco Park Assessment District 74-2 (a) Resolution No. 3873 .45: "A Resolution of the City Council of the City of Cupertino Confirming Amend~å Assessmen:, Project No. 74-2, Assesbment Noc;. II, 12 and 13." It was moved by Counc. Plungy, seconded by Counc. Johnson and p.ssed unanimously to close the public hearing. . It ~"S moved by Counc. Gatto. seconded by Counc. Plungy aDd passed 'man- imously to adopt Resol"Uon No. 3873.45. Res. 3871. 20 adopted Public hearing closed Res. 3873.45 adopted -~ Public bear- ing closed Res. No. 5498 adopted -":::rr::~i/:'''·'<;.,:¡t~ HIJlllTES OF TIlE DECEMBER 1, 1980 CITY COORCIL MEETING 23. Abate1lll!nt of weeds declared to be a public nuisance. (a) Resolution No. 5498: "A Resolution of the City Council of the City of Cupertino Ordering tbe Abat.-ent of Public Nuisance Pursuant to Proviaion.. of Ordinance Ro. 724 and Resolution Ro. 5480." Mr. Paul Anelrade, a repreaentative of the Office of the Fire "..rshal, was availal>le for any queationa from Council. It was lDOVed by Counc. Gat·o, seconded by Counc. Johnson and passed unanimously to close the public heering. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5498. 24. Application 46-l-80 of Nancy Binneweg: ''Pre zoning approximately .4 gross acre from 3ant.a Clara County Rl-8 (one faaily residence, 8,000 sq. ft. minimua lot aize> zone to City of Cupertino Rl-7.5 (Residential, Sinsle-f8llily, 7,500 sq. ft.tdnimum lot size) zone and Enviromaental Review: 'lbe Planning eo-iaaion recor>ends the granting of a Negative Declaration. The subject property is located on the south !!ide of Alcazar Avenue approximately 100 ft. westerly of Orange Avenue in the Manta Vista neis11borhood. Recommended for approval. (a) First reading of Ordinance No. 1084: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Pre zoning approxillately .fa Gross Acre from Santa Clara County Rl-8 Zone to City of Cupertino Rl-7.5 Zone; Located on the South Side of Alcazar Avenue Approximately 100 Ft. Westerly of Orange Avenue ¿.1 the Manta Vista neighborhood." Public heliring It was moved by Counc. Gatto, seconded by Counc. Johnson and passed closed unanimously to close the public hearing. . Negative Dec. for 46-Z-80 46-Z-80 approved First reading of Ord. 1084 . It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to grant a Negative Declaration for Application 46-Z-80. It was moved by Counc. Johnson, seconded by Counc. Gatto and passed unanimously to approve Application 46-Z-80 per Planning Commission Resolution No. 2156. It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1084 by title only and the City Clerk's reading to constitute the first reading. 25. Application 2-GPA-80 of City of Cupertino: Public Hearing to consider a General Plan Land Use Amendment involving two groups of vacant properties (Sites F and G) located on the north side of Stevens Creek Boulevard. The first group of vacant properties " ":" ~.:", · IfI1IUTES OF THE DECEHIIER I, 1980 CITY OOUlfCIL JlBETIRG ia gene~ally lOf;ated .U-block between Randy ~ and BlaMy Av_. The aecond group of vacant propertiaa 18 I_rally located lI1cI-block between Blaney Av_ and Portal Av.u.... The Genual Plan 1II1~t bearing will cOlUlicl.r the adelition of a _rcial and offiee cleaiS- nation to the existing ne:\usive r..aiclential lael use daaipatiOD for aaid propertiaa. r" ?",1t.~ of eaiel groups of propertiaa ia approxill8tely 8.5 acre'. L ~·.'''r_W .."iev: The 'lamdDl eoa- liUaiOD r8Cv -I'ða the gratinl of a ....tiv. Declaration. 110 land us. recO'_dation due to tia vote. Mary Callahan, 19954 Wheaton, requested tbe two sitea under discuadon be zoned cœl!lercial or if residential, no mr. thllD 10 units per acre. Ron Bienum, 19781 Bixby Drive, rec¡ueat.eI a c_rcial zoning. George Sø.pø representinl the property of Site G atated he bad purchased the ar.a as ~rcial and would l:Uce to be l.ft the option of placinl . profeaaiooal office buileling on the aite. Nick Kanarello , 10134 Randy Lane, spoke apiDst a c_rcial zoning. · Pepper Snyder stated that he bad been workinl with residents of the neiahborhood and would liks a ~rcial option. Otbera apeaking in fllVor of c_rcial rouinl vere Carl Tucci, 136 M__ ory Lane, Campbell and AU MoMn., 10385 Prunet!'ee Lane. GC-522 Pale 5 It was !lOVed by Counc. Johnson, seconelecl by Coune. Gatto and paased unan- Public h"aring imoualy to close the public hearing. closed It was lIIOVed by Co!Jnc. Gatto, aecoaded by Connc. Plungy and paased unan- Negative Dec. imously to grant a Negative DeclaratioD for Application 2-GPA-80. for 2-GPA-80 It was moved by Counc. Gatto, seconded by Coune. Plungy and passed unan- imously to approve Application 2-GPA-SO for mixed use witn planned resi- dential (maximum 10 dwelling units per acre) and coaøercial mix. 20. Application 44-Z-80 öf Ali Yazdanmanesh: Rezoning approximately one acre from R3 (Multiple Family Residential) zone and Rl-IO Residential, Single-family, 10,000 sq. ft. minimum lot size) zone to P (Planned Development vith Residential, 10-15 dwelling units per gross acre intent) zone and Envi~onmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the north side of Stevens Creek Boulevard approximately 300 ft. easterly of Randy Lane (approximatel mid-block between Randy Lane ani B;.aney Avenue). Recommended for approval. (Continued from me"ting of October 6, 1980. TI1is appli- cation to be heard in conjunction with Application 25-U-80.) · (a) First reading of Ordinance N". 1066: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxima:ely One Acre from R3 Zone and R]-IO Zone to P Zone; Loc.,ted 0:1. the North Side of Stevens Creek !loulevard Approxi- mac"ly 300 Ft. Easterly of Randy ~\ne (Approximately Mi~-Block oetween Randy Lane p.nd Blaney Avenue." 2-GPA-80 approved '.~ Yazdanmanesh applications removed .t Galle change denied Bessie Stepn- e 's claim denied . ',,,,;;~'.:;rç·:;~fiilØ::JJ'h.',,,'" . "·':,r.-"¡;"c\ f:~;f:~[~>F;! . """',..',"" iUl'lUIIIS OF THE D!CôIDd 1, 1980 CITY COOJICJL hui:UIIG PLARlfING APPLICA1'IONS 26. Application 2S-U-eo of Ali Yael_DUb: Un Pemit to coaatrllCt 14 reaidential condOldai_ unita and Enrlr_tal Iev1ftl The Pl8!llling c-..1on reec_enaa the graDting of a Bept1ve Declaration. The nbject property is located on the north dele of Steveu Creek Boalft'arcl approximately 300 ft. easterly of Ranely Lane (approx1ate1y .tel-block betwean KaDcIy Lae and BlAIDey Avenue) . Rae· -Deled for denial. (Continued froa .etin, of O"tober 6, 1980. (Th1a application to be beard in conjuncticnl with Application 44-Z-80.) At the request of tile applicant, it was lIOVeel by Coone. PlunlY, seconded by Counc. Jolmson and paaaeel 1I1I8Diaously to realOVe Itl!lll8 20 anel 26 froa the agenda. ITEMS IIEKOVED FR(If CONSElft .1"&1 f'iPAR 11. Reaolution lla. S5011 "A ResolutiOll of the City Council of the City of Cupertino Declaring its IntenUOII to Change Street ø- within the City of Oapertiøo Pursuant to SectiOll 5026 of the Streets and Highways Code, State of California, Quange Salem Avenue West of Foothill Boulevard v1thin Tract 6S51 to Engliah Oak Way." It was moved by eounc. Gatt:>, aeconded by eounc. Plungy and passeel unanimously to appr(.ve the denial of the requeat for a street name change. UNFINISHED BUSINESS 29. lIone NEW BUSINESS 30. Claim for damages subaitted by California Casualty (Bessie Stephens, insured) . It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to deny the claim and authorize the City Clerk to notify the claimant. 31. Approval of agreement for processing of parking citations. (a) Resolution 110. 5503: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement for Processi.,~ of Parking Citations." t t t MIIIUTES OF THE DECEMBER 1, 1980 CITY COUIIcn HUTDfG It vas 80Ved by Coone. Plungy, seconded by CouDC. Johnson and p....eI vn_i-..ly to adopt Resolution No. 5503. 32. Requeat for appropriation for signal _intane.. It _ 80Ved by Coomc. Johnson, s.condecl by CoaDc. Plungy and paaaed unan~ly to approve .ppropriation of $17,000 fro. the General Pund for line it.. 996-660.17, Signal Kaint_. 33. PUe No. 81,014 (De Anu College), a court..,. referr.l adviainS the City of a standing sign planned for nint Center. Exhibit will be praaented at the meeting. It vas movecl by Counc. Gatto, seconded by Counc. Plungy and paased unan- l_usly to approve a atanding øign planned for nint Center. 34. Request for appropriation for repair of roof at Corporation Yard building. It vas moved by CoaDc. Gatto, aeconded by CoaDc. P1ungy and paased unan- iIIouely to .pprove appropri.tion of $2 ,500 f~ th. General Pund for pos- sible repair coate to th. Corporation Y.rel roof. 35. Request for appropriation to convert eziatins electroliers to high preasure socli_. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed with Counc. Gatto diseenting to appropriata $140,000 froa the Gener.l fUnd to the electrolier conversion program subject to tavestigating the possi- bility of receiving assistance from the State. A report regarding street lights will be presented to Councilmembers. WRITTEN COMHIiNICATIONS 36. None ORDINANCES 37. Second reading of Ordinance No. 1031: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Prezoning Approx- imately 1.356 Gross Acres from Santa Clara County Al Zone to City of Cupertino P Zone; Located Adjacent to and Southerly of Bollinger Road at its Present Westerly Terminus Approximately 120 Ft. West of De Foe Drive. II CC-522 Page 7 Adopt Res. tin. 5503 Appropriation for signal maintenance Sign at Flint Center Appropriation for Corp. Yard roof repair Appropriation for street light conver- sion It was moved by Counc. Plungy, seco~ded by Counc. Gatto and passed unan- Second r~ading imously to read Ordinance No. 1081 by title only and the City Clerk's of Ord. 1081 reading to constitute the second reading. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- imously to enact Ordinance No. 1081. Ord. No. 1081 enacted w~ First reading of Ord. 1082 First reading of Ord. 1083 Closed sessi ~tions ...._.OSD Maffei carper .. . , HDItITES OF TIlE DECDßIEK 1, 1980 CITY COOHCIL MEETING 38. Pirat reøcling of Ordinance No. 1082: "An Ordinance of the City of Cupertino leacineling Chapter 15.16 of the Cupertino Mua1cipal Code Pertaining to the Water CoaIIIiasion." It waa moved by Counc. Plungy, seconded by Counc. Gatto and ,....d uD8llÚlOualy to read Ordinance No. 1082 by title only and the City Clerk'a reading to conatitute the first reading. 39. Firat reøcling of Ordinance No. 1083: "hi Ordinance of the City of Cupertino A.encling Chapter 2.3t of the Cupertino Municipal Code Pertaining to the Parks aDd RecreaU,on Coaai.sion." It was lIOVed by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1083 by title only and the City Clerk's reading to constitute the first reading. At 8:15 p.m. Council adjourned to the Conference Room for e closed session to disc:uaa poaaible litigation. At 8:30 p ..., Council reconvened in Council Chamber. Those presmn were Council8ellbers Gatto, Johnson and Sparks, City Attomey Kilian aDd City Clerk Cornelius. By consensus of those present, Council deferred negotiations with the Kidpeninaula Regional Open Space Diatrict regarding their claim for compensation until access to Sevens Cprings Ranch has been deter- mined. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimoualy by those present to authorize the staff to contact Mr. Maffei regarding final approval (building permit) from the City for his carport to make it a legal non-conforming use. After said action the City Attomey was authorized to write to the complainanc. The meeting was adjourned at "3~/J.~ ~ d.~ City Clerk