The URL can be used to link to this page

CC 01-12-81 . . . CITY OF !;Ul'ðKTllIU, STATE OF CALIFORNIA 10300 'orra Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES or TRI ADJOURNED REGULAR MlETING OP THE CITY COUNCIL HELD OR JABUARY 12, 1981 IN THE CONFERENCE ROœ, CITY BALL CUPERTIRO, CALIPOIIlI1A Mayor Rogers called the meeting to order in the Conference Rooa of City Hall at 7:02 p.lII. ROLL CALL Counc. Present: Gatto, Johnson, Plungy, Sparks, Mayor Rogers Staff Present: City Mansger Quinlan City Clerk Cornelius The fo.....uving people were interviewed for appointment to the Planning C01llmission: Nancy BinnfJlleg Edward G. Bloom Arthur D. Epperson James D. Feng Walter S. Frederick Erne..t J. BiDe Thomas R. Jones Minnie Lee û<.tty L. Mann Martin B. Miller ¡.If K. MDdine i>eborsh S. Nobel Arlene L. Strasilla John R. Torok Applicants not pres~nt vere Kelvin D. Elisary and Jeffery L. Swanson. It vas moved by Coanc. Gatto, seconderl by Counc. Sparks and passed unan- imously to appoint Nancy Binneveg to the Planning Commission for a term to expire i~ April, 1984. The meeting was adjourned at 9:25 p.m. ,{b; a~.:. _r ..., CC-526 Page 1 Nsncy Binneweg appointed to Planning Comm. . CITY OF CUPEIlTINO, STATE or CALIPOtmIA 10300 70rre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 HL1WrES OF till UGULAR MEETIIG OF THE CITY COUNCn. HELD OW JØlJAR'f 19, 1981 IN till CORPEUICB ROOM, CIft BALL CUPE1tl'IIIu, CALIJORHtA Mayor Rogers called the _ting to order at 6:50 p.... in tbe Conference Ro.... of City Ball. ROLL CALL Counc. Present: Gatto, Johnson, Plungy, Sparks, Mayor Rogers Staff Present; r;J.ty Manager Quinlan Ciry Clerk Cornelius Director of Planning and Development Sisk Director of Public Works Viamvicb Assistant to the City Hanager Brown INTERVIEW OF APPLICAftS PO': CABLE TV USERS AD\fISORY COMMITTEE By consensus, interviewing of applicantt. for the cable television users advisory committee vas continued to the .....eting of February 2, 1981. . STAPF REPORTS ~. Oral reports by staff ..embers and SUbllissioD of written reports. City Mansger's Report Bay Area Council Meeting - Discussion regarding this item was d2ferred until such tilDe as written material is available. False Burglary Alar. - This report vas accepted by Council. Preservation Task Force - By consensus Council took fið position on th"_ proposed legislation. Electrical Energy Cost - This repor: vas reviewed and accepted by Council It was moved by Counc. Sparks, secon¿ed by r~unc. Plo~gy and passed unan- imously to approve the contract with ACSI and ~ppropriatc $6,000 froa the General Fund to cOVer these services pertaining to cable television. City Clerk's Report It It was moved by COUDe.. Gatto, seconded by Counc. .Johnson and passed unan- imously to rescind the policy regarding appointment of alternat€~ to commissions and committees. 3y cOnsensus, Council approved interviewing ap<~icants for Architectural and Site Approval Committee created bJ Nanc~ appointme~t to the Planning Commission at the ~ame time as for the regular vacancies occurring in April. the vacancy on Binneweg's interviews . CC-527 Page 1 Appointment continued Report ac- cepted II<> position taken Report ac- cepted ACSI cC'ntraet approve¿ Pel icy of appointing commissioners I .. .- . -~ Mediterranean Fruit Fly program . .. KINUTES OP TIlE JARUARY 19, 1981 CITY COUNCIL MEETING The City Clerk viiI suba1t to Council material regarding the ..thod used by other cities for c~88ion appointments. Assistant to the City Manager Brown reviewed the status of the Kediter- ranean Pruit Fly prograa with Council. At 7:26 the lIeeUng wss adjourned. Mayor Rogers reconvened the meeting in the Council Cb_ber at 7:30 p... SALUTE TO THE FLAG ROLL CALL Counc. Present: Gatto, Johnson, Plungy, Sparks, Mayor Rogers Staff Present: City Ma1Iager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning and Development Sisk Build1fig Official Leber City Attorney Kilian (7:38 p....) CONSENT CALEllDAR 7. Resolution No. 5525: "A Resolution of the City Council o~ the City of Cupertino Allowing Certain Claims and DelDsnds Payable in the Amounts and fro. the Punda as Bereindfter Described for Salaries and Wages for the I!eriod Ending December 30, 1980." 8. Resolution Mo. 5538: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount ?~d fcolI the Funds as Hereinafter Described for General and Kiscellaneous Expenditures for the Period Ending Jan- uary 13, 1981." 9. Resolution No. 5527: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Quitclaim Deed of a Porlion of Olive Avenue." 10. Resolution No. 5529: "A Resolution of the City Council "f the City of Cupertin~ Approving Lot Line Adjustment between Two Parcels of Land vithout a Parcel Hap in Ac~ordance with Section 66412d of Subdivision Hap Act as Amended January I, 1980, Lots 9 and 10, Tcact 6633, Cupertino Knolls." 11. Resolution No. 5530: "A Resolction of the City Council of the City of Cuperti,o Authorizing Execution of Release of Covenants for Purchase of Engineering Plans and Spe~ifications - Itsuo Uenaka, North De An~a Boulevard. JI . . MINUTES OF THE JANUARY 19, 1981 CITY C01IJiCIL IŒBTING 12. Resolution No. 5531: "A Resolution of tbe City Council of tho City of Cupertino Haking its Order Describing the Boundaries Deøipl8ted as 'Bultb/PUIIIIkin 80-38' to be Annexed to the City and Ordering A&- nexatioD without Public Hearing as Pr091dec1 by Law; Approxi_ce1y 1.14 Acres Located on tb.. EaSI: <;1de of BuIIb Road between l'uIIpkin Drive snd Holly Oak Drive." 13. Resolution No. 5532: "A Resolution of the City Council of the CIty of Cupoortino Approving Lot Line Adjua~t, between Two Parc6111 of Land without a Parcel Map in Accordance wIth Section 664l2d of Sub- division Map Act ss Allended January 1, 1980. Lot 1, Tract 6634; and Lot 18, Tract 6310, Repl8rt Road." 14. llesolution No. 5533: "A Resolution of the City Council of the City of Cupertino Initiating Annexation Proceedings Pursuant to Section 35031 of the GoverDDeDt Code and Setting Tt.e and Place for the Public Bearing of '1JIperial 80-24'." 15. lleaolucion No. 5539: "A Resolution of the City Council of the City of Cupertino Accepting Quit ';:111111 frOll the City of San Jose for the Property Known 88 JollyJl8n Park." 16. Acceptance of City projects performed under contract: . (a> Mann Stauon Main Panel. (b) Mann Station P.-ps. (c> Wells 2 and 3, Electrical Connections. 17. Request for waiver of business license fees - horthvest YMCJo. 18. Accept..nce of lIunicipal ~lIIprovements: Tract No. 6310 - Robert C. Nellis and Kathy E. Nellis, Regnart Road. 19. Re80lutic.n No. 553^: "A Resol11tion of the City Council of the City of Cupertino Approving Contract Change Order No. 5 for Varian Park Projec~ 80-01." 20. ResC>J.ution No. 5537: "A Resolution of the City Council of the City of Cupertino Approving Lot Line Adjustment between TWo Parcels of Land without a Parcel Map in Accordance with Section 664l2d of Subdivision Hap Act as Amended January l, 19~0, Parcel A and Parcel B, Property of Hiladin Malisic, Palm Avenue." 21. Hinutes of the regular City Council meeting of January 5, 1981. (CC-525) . 22. Hinute9 of the adjourned regulsr City Council meeting of Januarv 12 1981. (CC-526) It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- imously to adopt the Consent Calendar. CC-527 Page 3 Adopt Con~ent Calendar .- CC-527 .4 Proclamation Heeting re San Felipe Road . Public hearing closed First reading of Ord. 1085 . HINUTES OF THE JAl'IUARY 19, 1981 CITY COUIICD. MEETING Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparb, Roge=s ROES: None ABSI!II'l : None ABSTAIN: None ORAL COMMUNICATIONS 23. Presentation of proclBlllat1ón declaring January 23 through January 30, 1981 as Child Passenger Safety Week in Cupertino. Mayor Rogers issued a proclamation declaring January 23 through January 30, 1981 as Child Passenger Safety Week in Cupertino. (City Clerk's Note: City Atto~uey Kilian arrived at 7:38 p....) P_la Møyerle, 22821 Mercedes Road, and AI Hollan, 10549 San Felipe Road, diacussed with Council a possible suit against the City and a developer in regard to San Felipe Road. It vas IIOved by Counc. Sparks, seconded by Counc. Johnson snd passed ~usly that the City Attorney, CU:y Manager, a Council representative, representatives froll the Public Works Departllet>c and Planning Department and Hr. Tobin, attomey, vill meet regarding San Felipe Road. PUEL.IC BEARINGS 24. Consideration of adoption of Uniform Building Code, 1979 Edition. (a> Ordinance No. 1085: "An Ordinance of the City of Cupertino Amending Chapter 16.04 of the Cupertino Municipal Code by Adopting the 'Uniform Euilding Code', 1979 Edition and Appropriate Except~ons Thereto." It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to close the public hearing. It was moved by Counc. Johnson, seconded by Counc. Gatto and passed unanimously to reading Ordinance No. 1085 by title only and th~ City Cle~k's reading to constitute the first reading. The ordinance includes the recommendations of the Public Safety Commission as follows: 1. R3 zone - Zone addressing requirement to include apartment numbers ~nd/or suite numbers. 2. Compliance to be effective at Certificate of Occupancy time and when any permit is issued. ~ . . . KINUTES OF THE JANUARY 19, 1981 CITY COUNCIL MEETING Their recommendation that compliance be effective upon resale of the premises vas not included at the recoo-n"'stion of the Building Official 25. Consideration of adoption of Unifo~ Fire Code, 1979 Edition. (a> Ordinance No. 1088: "An Ordinmce of the City of Cupertino Adding Chapter 16.40 to the Municipal Code by Adopting the 'Unifora Fire Code', 1979 Edition and Appropriate Exceptions Thereto." It wss IDOved by COUDC. Gatto, seconded by Counc. Plungy and psssed UIUI imously to close the public hearing. It vas IDOved by Counc. Plungy, seconded by Counc. Sparks and passed unan imously to read Ordinance No. 1088 by title only and the City Clerk's reading to constitute the first reading. 26. Consideration of adoption of Unifo~ Plumbing Code, 1979 Edition. (a> Ordinance No. 1086: "An Ordinauce of the City of Cupertino Amending Chapter 16.20 of the Cupertino Kun1cipal Code by Adopting tbe 'Uniform Plumbing Code', 1979 Edition and Appro- priate Exceptions Thereto." It vas moved by Counc. Sparks, seconded by Counc. Plungy an¿ passed unan imously to close the public hearing, It was moved by Counc. Plungy, seconded by Counc. Sparks and passed una imously to read Ordinance No. 1086 by title only and the City Clerk's reading to constitute the first reading. 27. Consid~ration of adoption of National Electrical Code, 1978 Edition (a) Ordinance No. 1087: "An Ordinance of the City of Cupertino Amending Chapter 16.lb of the Cupertino Municipal Cod~ by Adopting the ':ational Electrical Code, 1978 Edition." It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- imously to close the public hearing. It was moved by Counc. Plungy, seconded by Counc Sparks and passed unan imously to read Orrl'nance No. 1087 by title only and the City Clerk's reading to constitute the first reading. PLANNING APPLICATIONS 28. Application 23-TK-80 of Terry Brown (Monts Vista Properties): Tentative Hap to subdivide approximately .80 acre into four parcels ra~ging in stze from 7,500 sq. ft. to 8,900 sq. ft. and Environment al Reviev: The project is categorically exempt, hence no action is required. The subject property is located at the southwesterly terminus of Madrid Road approximately 75 ft. southerly of HcClellan Road in an Rl-7.5 (Residential, Single-family, 7,500 sq. ft. mini- mum lot size) zoning district. Recommended for approval. CC-527 Page 5 Public hearing closed Pirst reading of Ord. 1088 Pu!llic hearing closed First reading of Ord. 1086 Public hearing closed First reading of Ord. 1087 °0 .2~ Resport re site specific plans 23-TH-80 approved . Negative Dec. for 28-V-SO 28-V-80 approved i ! ...tnal Jus- e Master Plan discussed and accepted ) KINUTES OF THE JANUARY 19, 19S1 CITY COUNCIL MEE'íING The City Mansger informed Council that the Director of Public Works is presently preparing a report for Council regarding questions that came up during the island annexation proceedings in rrference to the site specific plans. This report is tentatively scheduled for February 2, 19S1. (City Clerk's Note: Building Official Leber left the meeting at S:30 p...) Arnold Knight, 22000 McClellan Road, expressed hia concern to Council re- garding access to his property. It vas moved by Counc. Sparks, seconded by Counc. Gatto and pasBed unan- imously to approve Application 23-TK-80 per Planning Commission Resolu- tion No. 2169. 29. Application 28-U-SO of Vallco Park, Ltd.: Use Permit to construct an industrial facility consisting of approxi8ately 495,500 sq. ft. and Envirolllllental Review: The PJ anning Commisaion recolIIDends the granting of a Negative Declaration. The subject property is located on tbe .::outh side 01 Pruneridge Avenue approximately 500 ft. westerly of Tantau Avenue in an HP (Planned Industrial Park) zoning district. Recommended for approval. Wal t<¢ V.~'¡""". . ~.)IØI8g" o.,VaUooPllrk.. nWl"....~, tJ-..... propeMrt builcl:1llá·:"/P'th ~uncil a'1d anl'WeJ:'ed questions. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to grant a Negative Declaration for Application 28-U-80. It vas moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to approve Applicstion 28-U-SO per Planning Commission Resolution No. 2170. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS lO. None ITEMS REMOVED FROH CONSENT CALENDAR 31. None UNFINISHED BUSINESS 32. None NEW BUSINESS 33. The County Criminal Justice ~mster Plan. Hr. Chuck DeWitt, Santa Claca County Justice Director, reviewed the County Criminal Justice !Iaster Plan with the Council and discussed Sheriff's services to unincorporated areas around cities with contracts with the Sheriff's Department. Council accepted the ~eport. ~ · · · KINUTES OF THE JANUARY 19, 1981 CITY COUNCIL MEETING 34. Appointment of Assistant City Attorney: (a> Resolution No. 5535: "A Resolution of the City Council of the City of Cupertino Amending Resolution No. 5214 vith Respect to the Appointllent of Assistant City Attorney snd Deputy City At torney." It vas moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to sdopt Resolution No. 5535. 35. Request for support of distribution of water saving devices in Sant Clara County, (a> Resolution No. 5536: "A Resl)lution of the City Council of the City of Cupertino Supporting Distribution of Household Water Conservation Devices." It W88 moved by Counc Spsrks, seconded by Counc. Gatto and p88sed unan- i.ously to adopt Resolution No. 5536. 36. Status report concerning public acquisition of the ''voss Avenue Pond." It was moved by Coun-::. <;at t!) , seconded by COUDC. Sparks snd passed unan- imously to authorize the Mayor to sign a letter to the Evergreen Resourc Conservation District pertaining to the Voss Avenue Pond. 37. Approval of formula for determining traffic signal participation. It vas moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to approve the formula developed by staff (BAS Homes contribute 27.5%> and assess BAS HOlIes $11,000 for a potential traffic signal at Foothill Boulevard and Salem Avenue. 38. Resolution No. 5528: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Energy Conservation Assist- ance Loan Agreement.1I It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to adopt Resolution No. 5528. 39. Resolution No. 5540: the City Council of the City of Cupertino Real Property, Gardenviev Terrace." "A Resolution of Accepting a Grant Deed of This item W4S removed from the agenda. CC-527 Page 7 Res. No. 5535 adopted Res. No. 5536 adopted Voss Avenue Pond Formula for traffic sig- nal participa- tion Res. No. 5528 adop ted . ~ .27 Page 8 , Williamson Act Second reading of Ord. 1089 Ord. No. 1089 enacted . Second reading of Ord. 1066 Ord. No. 1066 enacted First reading of Ord. 1090 Handicap ramp at HcClellan Ranch facility . KINUTES OF THE JANUARY 19, 1981 CITY COUNCIL MEETING 40. Review of LAFCO policy regarding Willi811180n Act properti.. vithin the City's Urban Service Ares. Council received the report. WRI'ITEN COHMUNICATIONS 41. None ORDINANCES 42. Second reading of Ordinance No. 1089: "An Ordinsnce of the City of Cupertino Amending Section 1 of Ordinance No. 2 by ReZoniÐg Approx:lmate1y 2.3 Acres frOll CG da to P Zone; Located on the South- east Corner of Stevens Creek Boulevard and Finch Avenue." It was IIIOved by CounC'. Plungy, seconded by Counc. Gatto and passed unanimously to lead Ordinance No. 1089 by title only and the City Clerk's resding to constitute the second reading. It was aoved by Counc. Plungy, seconded by Counc. Gatto and passed unan- blOusly to enact Ordinance No. 1089. 43. Second reading of Ordinance No. 1066: "An Ordinance of the City of Cupertino Amending Section 10.48.062 of the Cupertino Municipal Code to Include a Definition of 'Commercial Establishments'... It was JaOved by Counc. Plungy, seconded by Counc. Spsrks and passed unanimously to read Ordinance No. 1066 by title only and the City Clerk's resding to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Sparks sod passed unanimously to enact Ordinsnce No. 1066. 41.. First reading of Ordh-nce No. 1090: "An Ordinance of the City of Cupertino Adding Section 2.74 to the Cupertino Hunicipal Code Establishing a Cable Television Advisory Committee." It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 1090 by title only and the City Clerk's reading to constitute the first reading. NON-AGENDA BUSINESS Staff was directed to prepare a drawing of a handicap ramp for the Ciellan Ranch facility which would meet the minimum requirements. was also directed to get a price estimate for said ramp. Hc- Staff At 10:05 p.m., it was moved by Counc. Gatto, seconded by Counc. Spark~ and passed unanimously to adjourn the meeting. ,,~ß~:.,