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CC 01-05-81 .-. . .' . . -. CITY OF CUPERTINO, STATE OF CALIFORNIA 10m Torre Avenue, CupertÚID, CA 95014 Telephone (408) 252-4505 KINUTES OF THE REGULAR MEETING OF THE CITY COIiNCtL HELD ON JAJIUARY 5, 1981 IN THE CONFERENCE ROOK, CITY BALL ¡;ui'ATDIO, CALIPOlUIIA Mayor Rogers cAlled the _eting to order in the Conference Room at 6:35 p.lI. ROLL CALL Counc. Present: Gatto (6:40 p...), Johnson, Plungy, Sparks, Mayor Rogers Suff Pr~sent: City Manager Quinlan í:icy Clerk Corn...lius Director of Public Works ViøLovich Director of Planning and Developaent Siøk Director of Finance Snyder CDGB Coordinator Bendee City Attorney I1lian Assistant to the City Manager Brown Director or Parks and Recreation Dowling (6:50 p.m.) INTERVIEW OF APPLICANTS FOR THE PARKS AND RECREATION coæISSION It was ..",ed bv Counc. Gatto, seconded by Counc. Plungy and passed unan- imously to appoint Carol Ann Butler co the Parks and Recreation Commission. She viII contact the City Clerk regarding her Oath of Office and filing of forms. STAFF REPORTS 1. Oral reports by staff members and submission of vritten reports. Tree removal at site of Bel Air Kotel, Saratoga-Sunnyvale Road - It VbS moved by Counc. Gatto, seconded by Counc. Sparks and passed unanimo~ly that Hr. Pollack viII meet vith staff and come back to Council on February 2 with an agreement regarding landscaping. Council approved his in~tallin a security fence around the area, that an inventory of trees be taken as well as possible, and that a proposal regarding replacement of the trees be submitted, particularly to protect the rear line of the lot. Council deferred any issuing of citations until a-cer Februarv 2, 1981. Staff will investigate for informational purpose. the subcontractor that did the clearing work. At 7:40 p.m., the meeting was adjourned to the Council Chamber. Hayor Rogers called the meeting to order at 7:50 p.m. SALUTF TO THE FLAG CC-525 Page 1 Carol Ane Butler ap- pointed to P & R ':01llClissio~ Tree removal at Bel Air Hotel site i ,. CC-525 .2 Report accepted Anll Finan- c . Report ac pted Audit Committe Proposition 4 appropriation limit Appoim.ment of P & R Director BHR units . KINUTES OF THE JANUARY 5, 1981 CITY COONCIL MEETING ROLL CALL Counc, Present: Gatto, Johnson, Pluugy, Sparks, Mayor Rogers Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public WOrks Viskovich Director of Planning and Development Sisk Director of Pinance Snyder CDBG Coordinator City Attorney Kilian Assistant to the City Manager Brown Director of Parks and Recreation Dowling STAFF REPORTS 2. An update regarding transferred funds and appropriations during 1980-1981 fiscal year. By consensus, Council accepted the Pina~:e Director's update rega€ding transferred funds and appropriations. 3. The City of Cupertino 1980 Annual Finsnciai Report. lY consensus, Council accepted the 1980 Annual FiI:ancial Report and the auditor's comments. 4. Selection of Audit Committee lIembers. By consensus, Mayor Rogers, Counc. Johnson aLd Director of Finance Snyder were appointed to the Audit Coœa1ttee. City Manager Quinlan viiI also serve on the committee during the policy making process. Proposition 4 Appropriation Limit - County L.brary - It vas moved by Counc. Sparks, seconded by Counc. Gatto "...' passed unanimously to auth- orize the Mayor to sign the Proposition 4 Appropriation Limit - Treat- ment of City Contribution to County Library. Appointment of Parks and Recreation Director - It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to approve thst the new Parks and Recreation Director's salary shall be $2,325 a month plus the standard car allowance. The caT. ,·sed by the former Director will be transferred to the car pool. Thcre will be no change in the department's organizational structure, and the City will recruit for a Recreation Supervisor. Below Harket Rate Units - It vas moved by Counc. Plungy, seconded by Cotlnc. Sparks and passed unanimously to appropriate $220,500 from the General Fund to exercise option to purcnase BHR units in the event qualified purchasers fail to exercise options. All costs shall be re~mbursed to the City, including closing costs ana any incerest the City would have normally gained from its own investments. · · · KINUTES JF TIlE JANUARY 5, 1981 CITY COUNCIL MEETING CONSENT CALENDAR Director of Public WOrks Viskovich requested that Item 16 be removed and Mayor Rogers rell109ed It... 13. It vas moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- imously to approve the balance of the Consent Calendar. 10. Resolution No. 5515: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demanda Payable b the Amount and fr08 the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending December 9, 1980." 11. Resolution No. 5516: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and fr08 the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending December 17, 1980," 12. Resolution No. 5117: "A Resolution of rhe City Council of the City of CupertinolUlowing Certain Claims snd Demands Payable in the Amounts and fr08 the Funds as Bereinafter Described for Salaries and Wsges for the Period Ending December 16, 1980." 13. Removed. 14. Resolution No. "518: "A Resolution of the City Council of the City of Cupertino AcceFting a Grant of Easement for Landscaping Purposes, Including the Right of Public Ingress and Egress, from Shigeko Uena and Ernest S. Uenaks Located along the Westerly Side of North De Anza Boulevard Just South of Mariani AV""'Je; Approximately 2.2 Acres. ' 15. ResoluJ:ion No. 5519: "A Resolution of the City Council of the City of Cupertino Accepting sn EasE!1:!ent Deed for Waterline Purposes from Cupertino Knolls, a Joint Venture by Alcalde Vista, a California Corporation and Akerue, Inc. a California Corporation; Within Tract No. 6633, Cupertino Knolls." 16. Removed. 11. Resolution No. 5521: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 3 for Three Oaks Park, Project 80-28." 18. Resolution No. 5522: "A Resolution of the City Ccuncil of the City of Cupertino Authorizing Execution of Landscape Architect Agreement Between the City of Cupertino and Royston, Hanamoto, Alley & Abey - Monta Vista Park.tf 19. Hinutes of the regular City Council meeting of December IS, 1980. (CC-523) 20. Hinute3 of the a~journed regular City Council meeting of December 16, 1980. (CC-524) CC-525 Page 3 It81118 removed Balance of consent calen- dar ·~ P~c hearing c.d Landsr.ape theme for S. De Anza Blvd. approved Publ"c hearing closed Adopt Res. No. 5523 . "~,' KIt;IJTES OF THE JAllUARY 5, 1981 CITY COUNCIL MEETING ~ Mellbers of the City Council AYES: NOES: ABSENT: AJlSTAIN: Gatto, Johnson, Plun¡;y, Sparks, Rogers lion. lIone IIone ORAL COHMUNICAnoøs 21. Mr. John Walker, 19735 Greenwood Circle, Cupertino, addressed Council regarding vandal1n directed toward his home. The City Manager will meet vith Mr. Walker at 9:00 a.m., Thursday, January 8 regarding this matter. PUBLIC BEARINGS 22. Considerstion of the De Anza Boulevard Median Project south of Stevens Creek Boulevard. Diret'tor of Public Works Visko·rl.ch reviewed the proposed project with Council. It vss moved by Counc. Sparks, seconded by Counc. Plungy and passed unaniaously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Johnson to approve the staff rec~tion. Councllmelllber Gatto moved to amend the motion to leave the Scofield Drive intersection open. The amendment died for lack of a second. The motion was approved unanimously to approve continuing landscape th..... for South De Anza Blvd. as on North De Anza Boulevard and authorize that turning movements be allowed at Rodrigues, HcClellan, Pacifica and Bollinger cnd that no other median opening occur along De Anza Boulevsrd between Stevens Creek Boulevard and Bollinger Rosd. 23. Vacation of vsterline easement, Tract 6633, Cupertino Knolls. (a) Resolution No. 5523: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Waterline Easement, vithin Tract No. 6633, Cupertino Knolls, Pursuant to Section 50430 of the Government Code of the State of California. .. It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unanimously to close the Dublic hearing. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimcusly to adopt Resolution No. 5523. · · · . KIN\JTES OP THE JABUARY 5, 1981 CITY COUNCIL MEETING 24. Application 47-Z-SO of Barry Sv..nson Builders: Rezonin¡¡ approxi- mately 2.3 acres frOlD CG da (G!!Deral Co_reial, development plan required) to P (Planned Development with office intent) zone and Environaental Review: The Planning Co_ission reco_nds the granting of a Pegative Declaration. The subject property is located on the southeast corner of Stevens Creek Boulevard and Finch Avenue. Rec~nded for approval. (a) Pirst reading of Ordinance No. 1089: "An Ordinance of the City of Cupertino Aaending Section 1 of Ordinance No. 2 by Rezoning Approxilllue1y 2.3 Acres frOlD CG da to P Zone; Located on the Southeast Corner "f Stevens Cr..ek Boulevard and Finch Avenue." PLANNING APPLICATIONS 25. Appl1.cations 2l-TH-SO snd 29-U-80 of Barry Svenson Builders: Tenta- tive Map to subdivide approxilDately 5.2 acres into twO parcels equal ing approxiaately 2.9 and 2.3 acres; Use Permit to construct s 36,000 sq. ft. office huilding snd Envirollllental Review: The Planning Co-.1saion rec~ the granting of a Negative Declara- tion. The subject property is located on the ~outheast corner ~f Stevens Creek Boulevard and Finch Avenue. Recommended for approval. It vas moved by Counc. Plungy, seconded by Counc. Johnson snd psssed unan imously to close the public hearing. It vas moved by Counc. Plungy, seconded by Counc. Sparks and passed unan- imously to grant a Negative Declaration for A~plication 47-Z-80. It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unan- f~usly to spprove Application 47-Z-BO per Planning Commission Resolution No. 2159. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unan- imously to read Ordinance No. 1089 by title only and the City Clerk's reading to constitute the first reading. It was lIoved by Counc. Sparks. seconded by Counc Gatto and p&ssed unan- imously to grant a Negative Declaration for Applications 2l-1}~80 and 29-U-80. It was moved by Counc. Sparks, seconded by Counc. P!ungy and p~ssed unan- imously t~ approve Application 2l-TH-80 and 29-U-80 per Planninb Commis- sion Resolutions 2160 and 2161. It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- imously to direct a tlin"te Order be sent to Architectural and Site Approval Committee regarding the applicant's justification of the parking ratio and that ASAC consider that additional landscaping be put in th~t space~ CC-525 Page 5 Public hearing closed Negstive Dec. for 47-Z-80 47-Z-80 approved First reading of Ord. 1089 Negative Dec. f~r 2l-TH-80 and 29-U-80 2l-TH-80 and 29-U-80 approved. Minutes Order to ASAC re parking ratio .- . .~ Any Mountain ground signs approved, graphic denied . lies. So. 5520 adopted sur- ject to BHR agreement . HIlroTES OF THE JUUARY 5, 1981 CITY COUNCIL MEETING ARCHITECTURAL AND SITE APPROVAL COMKlTTEE APPLICATIONS 26. None ITEMS RE!ÐVED PROf CONSENT CALENDAR 13. Application BC-5l,403.3 - Any Mountain, Ltd. (Eldon Boffman) requesting approval of an exception to Sign Ordii18nce No. 746 to permit a vall sign in excess of the size allowed by Section 6.03.2 (290 sq. ft. proposed; 51 sq. ft. permitted by Ordinance). The subject sign is intended for a ski training/rental facility located at the southeast corner of Mariani Avenue and Bandley Drive in s P (Planned Development) zoning district. Recommended for approval. Boward Pettibone representing Pettibone Sign Compsny, Scotts Vsl1ey, ansvered Council'. questions regarding the proposed graphic on the east elevation of the Any Mountain building. It wss _ved by Counc. Gatto, seconded by Counc. Sparks and passed .~.k .,,-. ø ...~_~tftif-SroUl"1t1JØ'áIId ~~b elevation direct1u.i!llG;!j iglilt..·', . >. ,<.-' ., .. - It vas IIOved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to deny the east elevat"~.on sign (gra¡)bic). . Council specifically opposed the proposed illumination on the graphic and the large size. 16. Resolution No. 5520: "A Resolution of the City Council of the City of Cupertino Approving ~he Final Map and Improvement Plans of Tract No. ?039, Park Plaza Loca~ed at the Southwest Corner of Portal Avenue and Stevens Creek Boulevard; Developer, C & B Partnership, a ~neral Partnership, by Jason Chartier, Partner, and Martin Hall II, Partner; Accepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authorizing the Execu- tion of Agreement in Connection Therewith." It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5520 subject to the Planning Director's approval of the BMR agreement. UNFINISHED BUSINESS 28. Proposals for eradication of the Hedit~rranean Fruit Fly. (a> Resolution No. 5524: "A Resolution of the City Co.mcil of the City of Cuper.ino Urging Citizens of the City of Cu~er- tino to do Certain Voluntary Acts for the Purpose of El:minating the Hediterranean Fruit Fly." Assistant to the City Manager Brown revieved the Hed1terranean Fruit Fly program with Ccuncil. . . . HINUTES OF THE JANUARY 5, 1981 CITY COUNCIL MEETING Hr. Izzi Siddiqui, Assistant Director of the Medfly Project in the County answered questions for Council. Hrs. Barron, 18650 Runo Court, questioni!d what the criteria for spraying by ground crews would be. She vas informed that ground øpraying would occur for one squar~ ñ::'e around each larva find confirmed by the state entomologist. Persons would be give~ 48 hours advance notification of ground spraying. It was moved by Counc. Plungy, seconded by Counc, Sparks and passed unan- imously to appropriate $6,000 to conduct tb.. Mediterranean Fru:lt Fly program and authorize a new a,_oc.nt to facilitate any possible reilllburse- ment. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- imously to adopt Resolution No. 5524. The Mayor viii contact other mayors in the County suggesting that they as their legislatora to support reilllburs.-enc to tbe cities and also that t urge the County to join in the effort. The City Clerk will contact our Senator and Assemblyman urgin! their support for City reimburseaent. NEW BUSINESS 29. The County Cr:bainal Justice Master Plan. It vas moved by Counc. Gatto, seconded hy Counc. Sparks and passed unan- imously to continue diacussion of the County Criminal Justi<.e Kaster Plan to the lIeeting of ~anuary 19, 1981. Tbe City Clerk viii notify Mr. DeWitt from Santa Clara County of thia continuation. 30. Claim for damages filed by State Far. Mutual Automobile Insvrance Comp~ny (Hsiang-Sheng Shen, insured). It vas moved by Counc. Gatto, seconded by Counc. Johnson and passed with Counc. Sparks ~bstaining to deny the claia filed by State Farm Hutual Automobile Insurance Company (Hsiang-Sheng Shen, insured) and authorize the City Clerk to so notify the claimant. 31. Request for appropriation for traffic signal installation at Rainbow and Stelling. It vas moved by Counc. Plungy, seconded by Counc. G~tto and passed unan- imously to appropriate an additional $45,000 frc~ [he Gas Tax Fund as an advance for the County's share of the traffiL ~ignal installation at ~ainbow and Stelling. WRITTEN COMMUNICATIONS 32. None CC-S25 Page 7 Mediterranea Fruit Fly progrSlll Rea. No. 5524 adopted Legislators to be con- tacted Continued Hsiang-Sheng Shen claim denied Signal at Rainbow and Stelling . .~ First reading of Ord. 1066 Res. No. 5526 adopted Alves Drive stop sign Hsndic"p ra"'P at McClellan - . K1NUTES OF THE JAlIIJAItY 5, 1981 CITY COUNCIL MEETING ORDINA1ICES 33. PirsL reading of Ordinance No. 1066: "An Ordinance of the City of Cupertino ~d1Dg Section 10.48.062 of the Cupertino HDnicipal Code to Include a Definition of 'eo-rcial Establishaents'." It was mv~ by Counc:. Plungy, seco~ed by Cou-.c. Sparks and paased unanilloOusly to read Ord1naUce No. 1066 by title only and the City Clerk's reading to constitute the first readins. NON-AGENDt.^ BUSINESS It vas moved by CoUhC. Gatto, S8<'onded by Counc. Plungy a.td passed unanimously to adopt Resolution No. 5526, "A Resolution of the City Council of the CitY of Cupertino Authorizing Execution of Lease Agree- ment of City Property at 22514 Poppy Drive." Council requested that staff contact the Sheriff's Department re- garding the enforc_t of the Alves Drive stop sign and that the speed along Bandl., near that interBection be monitored, Staff was requested to look at the possibility of a handicap ramp at the Parks snd Recreation office at McClellan Ranch. Council adjourned to 7:00 p.m., January 12, 1981 in the Conference Roo. for interviews of Planning Co_ission applicants. i1~ a., 4-'~ I