CC 12-15-80
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CITY OF CUPDTlBO, STATE OF CALllœJlU
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MImms OF mE REGU1A& HEETING OF THE CITY COUNCIL
HELD ON DECEMBER 15, 1980 b TRE COlIFEREIICE ROOM, CITY HALL
(;UP&IU&aI, CALIFORNIA
Mayor Rolen called the meeting to order in the Confarence loom of City
Hall at 6:47 p...
ROLL CALL
COlØlc. Present:
ColD1c. .:'.b.ent:
Gatto, Plungy, SP8rltø, Mayor Rogers
Johnson
Staff Present:
City HaMler Qnf..l_
City Clerk Cornela.
Director of PJ-. aDd Development Siak
Director of Publfc Works Visltovich
Director of Par'- .ad Recreation Butler
City Attorney UU... (7:27 p...)
STAFF REPORTS
1. Oral reports by staff .embeD aDd subaission of written reports.
The City Manager'. report was rev~ by Council. The coapletion of
the lower level of City Hall will proceed at "noI1l81" rate.
2. Report on atrcet and highway 11gbUng.
Council received the report on street and highway lighting.
3. Joint Exercise of Powers Agreeaent between the City of Cupertino
the Foothill-De Anza Community College District.
(a) Resolution Mo. 5501: "A &esolution of the City Council of the
City of Cupertino Authorizing Execution of Joint Exercise of
Powers Agreement betweeD the Foothill-De Anza Community Col-
lege District and the City of Cupertino to Provide Tennis
Court Lighting at De An.... College."
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed u~an-
imously to adopt Resolution No. 5501.
4. Priority Plan for Expenditure of Allocation of funds for park,
beach, recreational and historical preservation purpose3.
(a) Resolution No. 5512: "Resolution of the City of Cupertino
Approving the Priority Plan for Exp~nditure of Allocation of
Funds to the County of Santa Clara for Park, Beach, Recrea-
tional a~d Historical Preser~ation Purposes (California Park-
lands Act of 1980)."
It was moved by Counc. Plungy, seconded by Cou~c. Sparks and passed unan
imously to adopt Resolution No. 5512.
CO-S23
Page 1
CoapleUon of
lower level of
City Hall
Res. No. 5:'01
adopted
Res. No. 5512
adopted
.~
Hearing set
for u,,!form
codes
Walkway on
Roo Boo Hill
.
Item r......ved.
Bal..nce of
Consent Cal.
approved
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MINUTES OF TafE DECEMBER 15, 1980 CITY COUNCIL KEEnllG
Public hearinr.a for consideration of the uniform cod.a vill be conducted
January 19, 1981.
(City Clerk'a Rote: City Attorney Kilian arrived at.7127 p...)
The Director of Public Wor1ca waa requested to follCN up with the ColD1ty
regarding right of way for the wP.lkway on Hoc Hoo Hill.
At 7:30 p..., Council adjourned to the Council ChlUlber.
SALUTE TO THE FLAG
ROLL CALL
Counc~
Counc.
Preaent:
Absent:
Gatto, Plungy, Sparks, Mayor Rogers
Johnson
Staff Preaentl
City Manager Quinlan
City CleTk Corneliua
Director of PlanniDg and Development Siak
Director of Public Works Vilikovich
Director of Parks and Recreation Butler
City Attorney Kilian
CORSERT CALENIWI.
Counc. Plun¡y r...ved item 19. It was moved by Counc. Gatto, seconded
by Counc. Sparks and passed unanimously to approve the balaDce of the
Cc,naen t Calendar.
10. Resolution Ro. 5504: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payab~e in
the Aaount and from the Funds as Hereinafter Described for General
and Miscellaneous Expenditures for the Period Ending Novembcr
25, 1980."
11. Resolution No. 5505: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Decands Payable in
the Amounts and from the Funds as Hereinafter Described for Salarie&
and Wages for the Period Ending November 18, 1980."
12. Resolution No. 5506: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 2 for Varian
Park, Proj ect 80-01."
13. Resolution No. 5507: "A Resolution of the City Council of the
City of Cu~ertino Approving Parcel Map and Improvement Plans of
Property Located along the West Side rf De Anza Boulevard South
of Hariani Avenue; Developer, Itsuo Uenaka, et al.; Authorizing
Execution of Improvement Agreement; Authorizing Signing of Farcel
Map and Improvement Planf."
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M11WlES OF THE DECEMBER 15, 1980 ::ITY COUNCIL MEETING
14. Resolution No. 550S: "A Reaolution of the Cfty CoI~cil of th~ Cit
of Cupertino Ac~epting Grant of Easement for Roadway PurjlOse8 frO"'.
Frank LaHsye, Sally LaHaye and Stevens Creek Office Center Asaoci-
ates; Consisting of Appr..xiaately 0.274 l.cres, Located along Stev
Creek Boulevard."
IS. Re901ution No. 5509: "A Resolution of the City Council of the Cit
of Cupertino Approving the Parcel Map uf Property Located along
the Northerly Side of Stevena Cr~ek Bo~levard l~sterly of Stelling
load; Developer, Frank LaHaye, Sally LsHay~ and Stevens Creek Offi
Center Associates and Authorizing the City Engineer to Sign the
Parcel Map."
16. Resolution No. 5511: "A Resolution of the City Council of the Cit
of Cupertino Approving the Final Map and Improvement Hans of Tract
No. 7005 Located at the SouthvPSt Corner of Scenic Boulevard and
Stevens Creek Boule.,ard· Developer, M. C., a Ltmited Partnership;
Accepting Certain Easl!lU.nta; Authorizing Signing of Final Map Rnd
blprovement Plans; Authorizing the E..ucution of Agreement in Con'-
nection Therewith."
17. Resolution No. 5513: "A Resolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Desig..ated
as 'Scenic Boulevard So-l6' to be Annexed to the City and Ordering
Annexation without Public Hearing as Provided by Law; Approximately
1.5 Acres Located on the East Side of Scenic Boulevard between Palm
Avenue ar" Janice Avenue."
IS. Resolution No. 5514: "A Resolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'Lomita 80-4' to be Annexed to the City and Ordering Annexation
without Public Hepri~~ as Provided by Law; Approximately 0.27 Acres
Located ~n the ~orth Side of Lomita Avenue ~etween Byrne A7enue and
Orange AV¿nue.."
19. Removed.
20. Minutes of the regular City Council meeting of December I, 1980.
(CC-522)
V0te Members of the City Council
AYES:
;¡OES:
ABSENT:
ABSTAIN:
Gatto, Plungy, Sparks, Rogers
None
Johnson
Nune
Mayor Rogers presented Director of Parks and Recreation Butler with a
r"solution and a "Distinguished Service" paper wei'ht in honor < þ's
service to Cupertino.
CC..523
rage J
"Di~tinguished .
Servicell award
to But ler
C.3
P 4
Control of
Mediterranean
Fruit ily
Co....ittee to
consi.J"". BHR
program
.
Public hearing
closed
Bingo permit
for IOOF
90-day con-
tinuance for
22-TM-80
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MINUTES OF THE DECEMBER 15, 1980 CIT'i COUNCIL MEETING
ORAL COHMUNICATIONS
Elizabeth Barron, Muriel F. Sorensen and Debora Simcovich-Hayden addreaaed
Council in oppositio~ to aerial spraying for control of the Mediterrenean
fruit fly.
It vas .wed by COlD1c. Plungy, seconded by ColD1c. Sparka and pase..d
unant.ously that the City Attorney will present to ColD1cil at ~heir
meetina of January ~, 1981 a resolution urging the citizena to cooperate
by stripping trees in conformance with tb.. prop·,r procedures to eliminate
the Medilerranean Fruit Fly.
21. Mr. Jason Chartier regarding Cupertin?'s RPlow ~rket Rate program.
It was moved by Cou,c. Plungy, seconded by COlD1c. Sparks and passed
unanimously to establish a committee to reconsidar the ~ Program.
The co~ttee will consist of at least o"e COImc.iblelllba, (ColD1c. Sparks),
one Plannin& CoaIisa1Dner, one staff member and one .ieve1oper. The
comaittee viII report to the Planning Comaiaaion prior to coming to
Council.
PUBLIC HEARINGS
:l. Renewal of bingo permit for the Indcpeadent OTder of Odd Fellows,
Lodge No. 70.
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unan-
imously to close the public hearing.
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to renew the bingo permit for the 1981 calendar year for the
Independent Order of Odd Fellows, J~dge No. 70.
PLANNING APPLICATIONS
23. Anplication 22-TH-80 of Debcor Corporation (Paboojian Property):
Tent.tive Map to adjust a lot line between two existing parcels to
reduce the size of one parcp.l from one acre to .6 acre and increase
the size of the second parcel from 1.8 ~cres to 2.2 acres and
Environmental Review: The Planning Commission recommends the
granting of a Negative De~laration. The subject property is located
on the north side of Lindy Lane opposite the intersection with
Lindy Place (approximately 500 ft. westerly of Terra Bella Drive),
in an Rl-20 (R~sidential, Single-family, 20,000 sq. ft. minimum
lot size) zoning district. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Plungv and passed
unanimously to grant a 9D-day continuance to the meeting of March 16,
1981 at the request of the applicant for A~plication 22-TM-80.
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HIIlUTES OF mE DECEMBD 15, 1980 CITY COURCIL MEETING
24. Application 22-0-80 of Robert E. and Diane H. Schey: U.e Permit
to construct aix reaident18l dwellinl uoita and Environmental Re-
view: The Planning CoIBi.eion rec~. the granting of a Nega-
tive Decláration. The aœject p!'openy 18 located adjacent to ancl
southerly of Bol11øger Road at it. pnaenc we.terly terminus approx
i_te1y 120 ft. veat of De Foe Driv.. Rae_ended for approval.
It v.. moved by Co~'Dc. P1ungy, aeconded by Counc. Gatto and paaaed unan-
i~aly to grant a Negative Declaration for Application 22-0-80.
It W88 moved by Counc. Plungy, seconded by Counc. Sparks and paaaed una
~uely to approve Application 22-U-8O per Planning Commi.sion Resoluti
No. 2164.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
25. None
I'I124S RÐI>VED FRCIf CORSEBT CALERDAR
19. Request for weiver of busin.ws license f.ea from United Heighbor.
in Actio.1.
It waa moved by Counc. Pluagy, seconded by CoID1C. Sparks and p....eI una
~ualy to approva a business license for United Neighbors in Action for
the period from January 1, 1981 through February 28, 1981.
URPINISRED BUSINESS
21. AÞendment to SoliJ Waste Managemert Plan for Hellyer Canyon.
(aì Resolution No. 5495: "A Resolution of the City Council of the
City of Cupertino Concurring in an Amendment to the Solid
Waste Management Plan for ~anta Clara County for the Proposed
HeUyer Canyon Landfill."
It vas moved by Counc. Sparks, seconded by Counc. Gatto and passe~ unan-
i~usly tn ~dopt Resolution No. 5495.
NEIl BUSINESS
2a. Report on bid opening for Stevens Creek Boulevard Landscaping, Pro-
je~t 80-06, MilleI AV£Due Landscaping, Project 79-23, and award of
contracts.
It vas moved by Co~nc. Sparks, seconded by Counc. Gatto and passed unan-
i.."usly to award the St"'iens Creek Boulevard landscaping and Miller
A~nue Landscaping, Projects 80-06 and 79-23, to Collishaw Corporation
in the amount of $72,546, appropriate ar. additional $50,000 from the
Geaeral Fund and transfer $30,000 from the Finch Avenue Median Project
tor a total of $80,000 including contingencies (base bid o~iy a~~rded).
CC-523
Page 5
Negative Dec.
for 22-U-80
22-U-80
approved
United Neigh-
bors in Action
bu.iness lie.
Res. No. 5495
adopted
Contr1ct to
Co 11 ishaw
Corporation
for landscap-
ing of medians
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Appropriation
for Cable T'/
consultant
Appropriation
¡or transfer
station at
Vallco
Res. No. 5510
n_ed
Continued
Second reading
of Ord. 1082
Ord. 1082
e.ted
MIRIITES OF TIlE DZCEKBER 15, 1980 CITY COUNCIL MEETING
29. Request for additional appropriation for cable TV consultant
services.
It vas 80vsd by CGunc. Gatto, seconded by Counc. Plungy and passed
unaniJloualy to appropriate an additional $1,000 fro", the General Fund
to coyer the coat of cable TV consultant services.
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30. Request for appropriation to pay Vallco Park Venture for transfer
atation - additional $1,758.
It Vall moved by Counc. Sparks, seconded by Coune. Gatto, and passed
unanimously to appropriate an additional $1,758 from the Vallco Environ-
mental Impact Fund to pay Vallco Park for costs incurred regarding the
tranafer station.
Council requested that the City no longer enter into time and material
.:onaultant contracts.
31. Reaolution No. 5510: "A Resolution of the City ColD1cil of the
City of Cupertino Authorizing Execution of Lease Agreement vith
United Cable Television of Cupertino, Inc."
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to adopt Resolution No. 5510 authorizing execu~ion of lease
agreement with United Cable Television for approximately 3,600 sq. ft.
of the Corporation Yard, subject to compliance with the City's planning
ordinances.
32. County Criminal Justice Master Plan.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed
unanimously to continue consideration of the County Criminal Justice
Master Plan to the meeting of January 5, 1981.
WRITTEN COMMUNICATIONS
33. None
ORDINANCES
34. Second reading of Ordinance No. lù82: "An Ordinance of the City
of Cupertino Rescinding Chapter 15.16 of the CupertIno Municipal
Code Pertaining to the Water Commission.
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1082 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
unanimously to enact Ordinance No. 1082.
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HINUTES OF TRB DICIHBER 15, 1980 CITY COUNCIL MEETING
35. Second readiøa of Ordinance No. 1083: "An Ordinance of the City
of Cupertino ~ding Chapter 2.36 of the Cupertino Municipal Code
Pertainiaa to the Parks and Recreation CoDDis8ion."
It was .weel by Coaac:. Pllmgy, seconded by CoImC. Sparks and pdssed unan
imously to read Ordinance No. 1083 by title only and the City Clerk's
reading to constitute the second reading.
It was DIOVed by Coanc:. Plungy, aeconded by COImC
illlOusly to enact Orcliuance No. 1083.
CC-523
Page 7
Second reading
of Ord. 1083
Sparks and passed unBn Ord. 1083
enacted
36. Second readiøa of Ordinance No. 1084: "An Ordinance of the City
of CupartiDo J.ending Section I of Ordinance No. 2 by Pre zoning
Approxi_tel:r .4 Groas Acre from Santa Clara County RI-8 Zone to
City of CupertiDo RI-7.5 Zone; Located on the South Side of Alcazar
Avenue Apprcøi8ate1y 100 Ft. Westerly of Ora.lge Avenue in the Menta
Vista Neiahborbood."
It was moved by Coaac. Pllmgy, seconded by Counc. Sparks and passed unan
imously to reael OrcliDance No. 1084 by title only and the City Clerk's
reading to conatitote the second reading.
It was IDOved by Coaac. Plungy, seconded by Counc. Sparks and passed una
illlOusly to enact Ordinance No. 1084.
COUNCIL REPORTS
By consensus, CoUDCi1member Phil Johnson was appointed to the Trianon
Advisory Committee.
By consensus, Kø)'or Rogers will check on the status of the Central Fire
Protection District Board.
At 9:05 p.m., it was moved by Counc. Gatto, seconded by Counc. Plungy an
passed unanimousl)' to adjourn to 7:30 p.m., Tuesday, December 16, 1980
to discuss the Circulation Elem~nt of the General Plan.
W-~:
Ci Clerk -
Second reading
of Ord. 1084
Ord. 1084
enacted
Johnson ap-
poiilted to
Trianon Comm.
Central fire
Protec t ion
Dist. Board