CC 05-04-81
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
KINUTES OF THE RF.G11LAR MEETING OF THE CITY COUNCIL
HELD ON MAY 4, 1981 IN THE CONFERENCE ROOM, CITY HALL
CUPERTDIO, CALIFORlfIA
Mayor Pro Tempore Gatto called the meeting to order in the Conference
Room at City Hall at 6:50 p...
Council Present:
Council Absent:
Gatto, Johnson, Plungy, Rogers
Mayor Sparks (Rational Guard duty)
City Manager Quinlan
City Clerk Cornelius
Director of Public WOrks Viskovich
Director of Planning acdDevelopment Sisk
Director of Parka and Recreation Dowling
Assistant to the City Manager Brown
City Attorney Kilian (7:15 p.m.)
Staff Present:
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City MenaKer's Report
Request from Chamber of Commerce fQ. Display Banners Across Stevens Cree
Boulevard and a~ross De Anza Boulevard - It was moved by Counc. Rogers,
seconded by Counc. Plungy and passed unanimously to approve the concept
of display banners.
It was moved by Counc. Rogers, seconded by Counc. Gatto and passed ~~an-
imously to request thst staff present Council vith a prepared policy re-
garding banner installation. This policy should include such items as
vhat streets could be used for banners, number of banners, e~c.
Water Conservation - It was moved by Counc. Rogers, seconded by Counc.
Johnson and passed unanimously to adopt Resolution No. 5623, "A Resolu-
tion of the City Council of the City of Cupertino Endorsing the Water
Conservation Kit Installation Program and Proclaiming Santa Clara Valley
~'¡ater Conservation t'¡eek."
Ele_tion Process - It vas moved by Counc. Rogers, seconded by Counc.
Plungy and passed unanimously to take no position regarding the request
from Los Gatos Town Council urging support of reform in the election
process.
Sheriff's Contract - By consensus, the City Hanager was requested to
attend the County Board of Supervisors meeting of Hay 6 regarding the
matter of the Sheriff's contract.
City Clerk's Note: City Attorney Kilian arrived at 7:15 p.m.
r:";~,:-"
CC-538
Page 1
Display
banners
Policy re-
garding
banners
Res. 5623
adopted,
Water Conser-
vation Kits
Reform of
election
process
Sheriff' "
contract
¡ .':
Closed Session
Pee for check-
ing referendum
signstures
Buddy Poppy
ule
Second resding
of Ord. 1105
continued
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Items removed
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-C';_ ~;?~"!..(:~~.;~'~':.:
HINUTES OP THE KAY 4, 1981 CITY COUliCIL MEETING
A Closed Session to occur at the conclusion of the regular Council
meeting to discuss employee .alary negotiations and coda enforc..ent
was announced.
By conaenous, the City Clerk will present Council witb a report regartling
tbe fee of the Registrar of Voters Office for checking all signatures
on a referenda. petition should one be su~itted.
City Clerk's Report
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimo\wly to waive bu.iness license fees for the Buddy Poppy sale
in Cupertino for Pridsy, May 15 snd Saturday, Hay 16, 1981.
By consensus, Council will continue second reading of Ordinance No.
1105 pertaining to PERS to their regular meeting of Hay 18, 1981.
At 7:35 the meeting was adjourned. The meeting was convened in Council
Chamber at 7:40 p.lI.
SALUTE TO THE FLAG
ROLL CALL
Council Pre.ent:
Council Absent:
Gatto, Johnaon, PlUDgy, Rogers
Hayor Sparks (National Guard duty)
Staff Present:
City Manager Quinlsn
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
City Attorney Kilian
CONSENT CALENDAR
Counc. Plungy removed Items 10 and 21 and Item _7(b) was removed by the
Director of Public Works.
7. Resolution No. 5603: "A Resolution of the ~ity Council of the
City of Cupertino Allowing Certain Claims and Demands Payable
in the Amounts and from the Funds as Hereinafter Described for
General and Hiscellaneous Expenditures for the Period End~ng April
15, 1981."
8. Resolution No. 5610: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amounts and from the Funds as Hereinafter Described for General
and Hiscellaneous Expenditures for the Period Ending April 21, 1981."
9.
Resolution No. 5611: "A Resolution of the City Council of the
City of Cupertin~ '1 I owing Certain Claims and Demands Payable in
the Amounts and from the Funds as Hereinafter Described for Salaries
and Wages for the Peri.od Ending April 21, 1981."
I ".
Removed
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KINUTES OF THE KAY 4, 1981 CITY CO~IL MEma;
CC-538
Paae 3
11. Resolution No. 5612: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Clai.. and Demands Payable in the
Aaounts and from the lunds as Bereinafter Described for General and
Miscellaneous Ex¡,enditures for the Period Ending April 27, 1981."
12. Resolution No. 5613: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of EaaeMnt for Roadway Purposes frOll
Douglas W. Tsui and Jaaes Tsui Consisting of ApproxiL8tely 0.005
Acres, Located at Shadovhill Lane and Candlelight Way."
13. Resolution No. 5614: "A Resolution of the City Council of the City
of Cupertino Declsring its Intention to Order Vacation of a Portion
of Shsdovhill Lane Located South of Candlelight Way; as Provided
in Section 8320 Et Seq. of the Streets and Highways Code of the
State of California, Fixing Tiae and Place for Public Bearing and
Providing for Notice thereof."
14. Resolution No. 5615: "A Resolution of the City Council of the City
of Cupertino Accepting a Grant of EaSeaeDt for Public Utilities
from Kenneth E. Doty, Wanda J. Doty, Kariua E. Nelsen, snd Susan J.
Nelsen Located along Hann Drive."
15. Resolution No. 5616: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 8 for Varian Park,
Phsse II, Project 80-01."
16. Resolution No. 5617: "A Resolution of tha City Council of the City
of Cupertino Establishing Differeut Categories of Straet Improvemen
Requirements Throughout the City and Setting 11 Public Hearing."
17. Acceptance of municipal improvements:
(a> Tract 6539 - Villa Pacifica, southwest corner of Pacifica and
Whitney.
(b> Removed
18. Request from The Cupertino Tournament of 8ands Inc. for waiver of
business license and psrade permit fees for 11th Annual Tournament
of Bands Parade to be held October 10, 1981.
19. Request (rom Aleph Zadik Aleph for waiver of business license fee
for car wash to be held Hay 24, from 12:00 to 4:00 p.m.
20. Application HC-Sl,S48.l - United Cable Television of Cupertino,
Inc. requesting approval of site, architecture and landscaping for
cable television fac{lities to be located on the De Anza College
campus, southwest of the Flint Center building. Said property is
located in a BA (Pu~lic Building) zoning district. Recommended for
approval.
21. Removed
22. Hinutes of the adjourned regular City Council mpeting of April 27,
1981. (CC-S37)
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Consel Calen-
dar approved
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lu!'luuS OF THE HAY 4, 1981 CITY COUNCIL MEET1NG
It was moved by Counc. Rogers, seconded by ~unc. Plungy and passed
unanimously to "pprove the balance of the Consent Calenc1ar.
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HelDbars of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Plungy, Rogers
None
Spsrks
None
ORAl· COMHDlIICATIONS
23. None
PUBLIC BEARINGS
24. Application 4-Z-81 of Lincoln Properties, Co" N. C" Inc.: aezoning
approximately 8 gross acres from P (Planned Develo~nt) to P
(Plsnned Development with commercial office snd residential,
maximum 30 dwelling units per gross acre intent) zone and EnvirOft-
mental R'!View: The Planning Commission recouaends the granting
of a Ne:;ative Declaration. The subje!:t property is located ..n
the north side of Rodrigues Avenue fr08 De Anza Boulevard to a
point appro"illlftte1y 400 ft. westerly of Torre Avenue, Recoaaended
for appr"vsl.
(a) First reading of Ordinanct' No. 1110: "An Ordinance of the
City of Cupertino Aøending Section 1 of Ordinance No. 2 by
Rezoning Approxiaately 8 Gross Acres from P to Põ Located
on the North Side of Rodrigues Avenue from De Anza Boulevard
to a Point Approximately 400 Ft. Westerly of Torre Avenue."
PLANNING APPLICATIONS
26. Application 7-U-8l of Lincoln Property Co. N. C., Inc.: Use
Permit to construct an office building equaling approximately
50,000 sq, ft. and Environmental Revip.v: The Planning Commissio~
recommends the granting of s ~egative Declaration. The subject
property is located on the north side of Rodrigues Avenue frOlD
De Anza Boulevard to a point approximately 400 ft. westerly of
Torre Avenue. Recommended for denial.
Burch Boone of Lincoln Properties reviewed the application and was
available for q~êstions from Council.
Hr. Tom 0' Donnell, Attorney representirg t~e Cali family, stated
preference for this development on the weût side rather than the
east side.
Ann Anger, 10185 Empire Avenue, stated she would like to see this property
as part of tht' Civic Center.
Robert Dempster, attorney representing \.incoln Properties, spoke on
behal~ of the ?roposed development, as did Hr. Al{ Hodine, 10385 Prune
Tree r.ane.
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MIJfu U:i OF THE KAY 4, 1981 CITY COUNCIL MBETING
It was IIIOVed by Counc. Rogers, seconded by Counc. Plungy aDd passed
unanimously to close the public hearing.
It vss _ved by Counc. Rogers, seconded by Couuc. Johnson and passed
unanimously to approve the Negative Declara~ion for Application 4-Z-8l.
It wall moved by Counc. Rogers, secOlk'ecI by Co;mc. Plungy to approve
Ap?lication 4-Z-8l per Planning Coaa1ss1GD Resolution No. 2192; the
motion was defeated with Councilmnlllers l.atto aDd PlU4gy diasenting.
It vas moved by Counc:. Plungy, seconded by Counc:. Rogers snd passed
unsnimously to rec0D8ider ApplicatfoL 4-Z-8l.
It vas lIOVed b7 Cbuac. Rogers, seconded by Counc. Johnson and passed
~~th Counc. ~atto diss~ting to approve Application 4-Z-8l per Planning
Co..tssion Resolution No. 2192.
It vas IDOVed bj Counc. Plun¡y, seconded by Counc. !Iogers snd passed
unanimously to reading Ordinance No. 1110 by title only snd the City
Clerk's reading to constitute the first reading.
It was IIIOved by Counc. Rogers, seconded by Couoc:. Plungy and passed
unanimously to approve the Negative Declaration for Applicstion 7-U-8l.
It vas moved by Counc. Rogers, seconded by Counc. Plungy a.ld passed
unanimou~ly to deny Application 7-U-8l per Planning Commission findings
thac the develnpaent vas not consistent witÞ the General Plsn.
PUBLIC HEARrHGS (continued)
25. ConJideration of vacstion of s portion of easement, Tract 5990,
Rainbow's End.
(a) Resolution No. 5618: "A Resolution of the City Council of th
City of Cupertino Ordering Vacation of a Portion of a Public
Utility and Sanitary Sever E&sement within the City of Cuper-
tino Pursuant to Section 50430 of the Government Code of the
State of California; Located between Co2DOn Boundary Line of
Lots 2 and 3, Tract 5990, Rainbow's End."
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to close the public hearing.
Tt vas moved by Counc. Rogers, seconded by Counc. Plungy and passed
unahl::>ously to adopt Resolution No. 5618.
ARCHITECTURAL AND ,nTE APPROVAL COMMITTEE APPLICATIONS
27. Extension of tellporary trailer permit (Hewlett-Packard).
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to gr¿nt an extension of temprrary trailer permIt for
Hewlett-Pack~rd to April 7, 1982.
CC-538
Page 5
Public hearing
closed
Neptive Dec.
for 4-Z-8l
4-Z-8l
denied
4-Z-8l
recon.idered
4-Z-8l
approved
First reading
of Ord. 1110
Negative Dec.
for 7-U-8l
7-U-8l
denied
Public hearing
closed
Res. No. 5618
adopted
Trailer permit
extended
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Lien sgainst
Marhni proper
ty
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Hinutes
approved as
amended
_bOW'S End
Anr.~ation
pro~ram.
Heindel hired
re ValV::o AD's
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KIRUTES OF THE MAY 4, 1981 CITY CO¡mCIL KI!ET1NG
ITEMS RFHY1ED FROM CONSENT CALENDAR
10. Release of lien against Madani property.
It vas !lOved by ~".lDc. Johnson, seconded by Counc. Plungy and passed
unani1llClusly to re1.ase the lien against the Madani property.
21. Minutes of the regular City Council _ting of April 20, 1981.
(CC-536)
It vas I80ved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to approve the minutes of the April 20 City Council .eeting
vith the following amendments:
Page 3, Paragraph 3, should .read.''Lioda Viat. Park" in place of "Menta
Vista Park ColDUDity Center". .
Page 15, add followiog ParLgraph 2, "Counc. Rogers voted to deny the
ordinance because of the procedure used in the voting proces.. She
stated that she was in favor of the rezOD1ng."
17. Acceptance of aunicipal improveaeDts:
(bl Tract 5990 - Rainbow'.. End, Rainbov Drive.
It was moved by Counc. Rogers, sec-.ncled by Counc. Johnson and p..~sed
unanimously to accept the impro\·"",ent.. on the basis of the concurrence
vith the plans and otßer conditions that shall remain the r~"pon8iblity
of the developer.
UNFINISHED BUSINESS
29. Islsnd Annexations.
ty consensus, Council agreed to continue the policy of an orderly snnexa-
tion prograll rather than "leapfrogging".
NEW BUS INESS
30. Selection of engineer to complete assessment districts.
It vas mov~d by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to authorize staff to hire the firm of John H. Heindel in
connection vith Vallco Assessment Districts 64-1, 74-1, 74-2, 74-3 and
74-4.
31. Agreement with Santa Clara County for Abatement of Weeds.
(a) Resolution No. 5619: "A Resolution of the City Council of
the City of Cupertino Authorizing Execution of Agreement
for the Abatement of Weeds by County of Santa Clara for
City of Cupertino."
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HINUTES OF THE MAY 4, l!l8l CITY COUNCIL MEETING
It V88 moved by Counc. Rogers, seconded by Counc. Plungy an.. pas8ed ullan-
imou8ly to adopt Resolution No. 5619.
32. Request for additional apøropriation to cover overages in equipaent
maintenance account.
It vas moved by Counc. Plungy, seconded by Counc. John~on and pa.sed una
imously to appropriate $36,000 fr~ the General Fund to cover overage in
the equipaent maintenance activity.
33. Request for approval of contract price adjustment for Mann Station
Roof Pralling project.
(a) Resolution No. 5621: "A Resolution of the City Council of the
City of Cupertino Correcting Discrepancy in Contract Amount
for Mann Station Roof Pr_ing, Project 8l-B."
I t vas I80ved by Counc. Plungy, seconded by Covnc:. Jøhnson and passed una
imously to adopt Resolution No. 562\.
3/,. Approving 8111endment to existina agreellent of the joint exercise of
powers for the ",...rth Santa Clara County Municipal Solid Waste Kanage
ment Program.
It vas !lOved by Counc. Ro¡sers, seconded by Counc. Johnson and passe;! unan
imously to adopt Resolution No. 5622, "A Resolution of the City Council
of the City of Cupertino Authorizing Execution of Amendment No. 2 to the
Joint Exercise of Powers Agreement, North Santa Clara County Hunicipsl
Solid Waste Management."
WRITTEN C:JHMUNICATIONS
35. None
ORDINANCES
36. Second reading of Ordinance No. 1094: "An Ordinance of the City of
Cupertino Amending Chapter 14.04 of tne Cupertino Hunicipal Code
Relating to Street Improveøaents."
It was moved by Counc. Plungy. seconded by Counc. Rogers and passed unan-
imously to read OrdinE..ce No. 1094 by title only and the City Clerk's
reading to constitute the second reading.
It vas moved by c.ounc. Plungy. seconded by Counc. Rogers and passed unan-
imously to enact Ordinance No. 1094.
37. Second reading of Ordinance No. H08: "An OrùinF.nce of the City of
Cupertino Amending Chapter 10.24 of the Cupertino Municipal Code
Relating to the Sale. Use and/or Discharge of Fireworks .;ithin the
City. "
00-538
Pa.. 7
..s. No. 5619
adopted
Appropriation
.ranted
Res. No. 5621
adopted
Res. No. 5622
adopted
Second read ing
of Ord. 1094
Ord. No. 1094
enacr.ed
~8
SWn: reading
of Ord. 1108
Ban of sale
of fireworks
~nsideration
cñ Ord. 1108
deferred
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Second reading
of Ord. 1109
deferred
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Legislative
Reviev
CODlDi t tee
recoDlDendation
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KINlITES OF THE HAY 4, 1981 CITY COftllCIL MEETING
It vas moved by Counc. Plungy, seconded by Counc. Rogers and pas.ed
unanimously to read Ordinance 5J. 1108 by title only and the City Clerk's
reading to consticute the second reading.
It vas moved by Counc. Rogers, seconded by Counc. Plur8Y and passed
unanimously to direct the City Attorney to prepare an urgency ordiD&~ce
regarding ban of sale and use of fireworks to be presented at the a.sting
of Kay 18.
It vas moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to defer conaideration of enactment of Ordinance No. 1108
to the ~eeting of May 18. The City Clerk's office viiI notify Central
Fire Protection District of the scheduling of this item.
38. Second reading of Ordinance No. 1109: "An Ordinance of the City
of Cu~ertino Repealing Section 16.40.090 of the Cupertino Municipal
Cod..."
It was moved by Counc. Plungy, secondeJ by Counc. Rogers aDd pS8Sed
unanimously to defer second reading of Ocdinance No. 1109 to the meeting
of May 18.
Council requested that the City Clerk research Whether or not thp.re
vas an alternate appointed to the North Santa Clara County Hunicipsl
Solid Waste Management Progr_ and i..form them.
Counc. Johnson presented the recomaendstions of the Legislative Review
Co_itt~e. TherecolllllendJitions, as follov, were unanimously accepted.
No Position
AB 2055 - Public Safety Officers Procedural Bill of Rights.
Oppose
SB 630 - Fees Charged by Cities for Services or Materials.
AB 1618 - Allocstio:, of Hortgage Revenue Bonds.
AB 665 - General Law City Autnority to Issue Revenue Bonds to Finance
Hulti-FalDily Rental Housing_
AB 1721, AB 1269 and AB 1693 - Local Government Collective Bargaining/
Agency Shop/Binding Arbitration.
SB 367 - Workers'Compcnsation, Permanent Total Disability.
SB 369 - Workers' Compensation, Temporary nisability.
SB 423 - Workers' Compensation, Off-set Prohibition.
SB 436 - Workers' Compensation, Permanent Disability Benefits.
Support
5B 680 - Public Employees' Retirement System, Conting~ncy ~eserve
Account.
SB 215 - Gas Tax Increase.
SB 500 - Joint and Several Liability Abolished.
AB 303 - Statute of Limitation re Felonies.
AS 1995 (General Plan, Housing Element) was referred to the Legislative
Review Committee.
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HINUTES OF THE HAY 4, 1981 CITY COUNCIL MEETING
The City Clerk was requested to get a copy of SB 1236.
It vas moved by Counc. Plungy, secondeo by Counc. Johnson and passed unan
imously to request that slate legislators be urged to pursue legislation
pertaining to public officials' safety.
CC-538
Page 9
The City Manager vss suthcrized to contact Senator O'Keefe regarding SB BigW4ay 85
870 pertaining to Highway 85 right-of~ay. Council discussed lease vers
deed for Highway 85 ri~ht-of-vay. Council s~ggested that within any leas
program the ability of deeding should be included, that the fee for deed
or lesse should be $1, that the City be designated lead agent regarding
CEQA requirements and that a 99-year lease is preferred to deeding.
Council requezeed that the appointments to ABAG and ICC be a&~ized for
the May 18 meeting.
At 10:25 p.m., the aeeting adjourned to a Closed Session. At 11:25 p..., Closed session
the lIeeting reconvened in open session. Those present vere Councilmember
Gatto, Johnson and Plungy and staff meal>ers Kilian, Sisk, Viskovich and
Cornelius.
It was moved by Counc. Plungy, sdconded by Counc. Johnson and passed unsn Key Chevrolet
imously by those present to refer the matter of the Key Chevrolet use
permit to the City Attorney and Director of ~Iann1ng and suthorize that
if ~ecessary, the Clerk's office vould prepare a transcript of the
Planning Commission and City Council meetings at which this matter was
discussed. Council also authorized staff to pursue the matter of the
bollards at Key Chevrolet.
It was ~ved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously by those present to authorize staff to continue negotiation
with the Miscellaneous Employees Unit ss per direction given in closed
session.
By consensus, Council approved that they be sent 11 x 17 map exhibits per
taining to ?lanning items for a trial period.
At 11:27 p.m., it was moved by Counr. Plungy, seconded by Counc. Gatto
and passed unanimously by those present to adjourn to May 18, 1981.
Negotiations
witL. Hisc.
Employees
Planning exhi-
bits
I