CC 05-18-81
·
·
·
CITY OF CUPEllTINO, STATE OF CALI:!'ORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF TIlE REGULAll MEETING OF THE CITY COUNCIL
HELD ON KAY 18, 1981 IN THE CONFERENCE llOOK, CITY HALL
CUPERTINO, CALIPODIA
H3yor Sparks called the meeting to ordey at 6:20 p... in the Conference
Roo. at City Hall.
Counc. Present:
Counc. Absent:
Gatto, Johnson, Plungy, Mayor Sparks
Rogers
Staff Present:
City Manage. Quinlan
City Clerk Cornelius
City Attorney ~li3n
Assistant to the City Manager Brown
INTERVIEW ,~ LIBRARY C(H!ISSION APPLICANTS
It vas moved by Counc. Gstto, seconded by Counc. Plungy and passed un'"n-
ÍIDOusly to appoint Patricia Ann Ryan to the Library Commission
RECESS: 6:35-6:40 p.m.
Counc. Present:
Counc. Absent:
Gatto, Johnson, Plungy, Mayor Sparks
RogerOl
Staff Present:
City Manager Quinlan
City Clerk Cornelius
City Attorney Kilian
Assistant to the City Manager Brown
Dicector of Public Works Viskovich (6:50 p.m.)
Director of Planning and Development Sisk
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Manager's Report
CC-539
Page 1
Ryan appointed
to Library
Colllllission
State Budgets - It was moved by Counc. Gatto, seconded by Counc. Plungy State budget
and passed unanimously that the City Manager viii prepar~ a letter for
the Mayor's signature requesting that the State make any budget cuts fai
and equitable and tha~ cities not be made the "fiscal shock absorbers·'.
This letter will be forwarded to the legislators.
J.P.A. 1981-82 Budget for North Santa Clara County Solid Waste Manage-
ment Program - It was moved by Counc. Gatto, seconded by Counc. Johnson
and passed unanimously to au~horize Mayor Sparks, representative to
the Northern Santa Clara County Solid Waste Management Program, to go
up to $270,000 in the budget for this joint power authority.
Energy Committee Staffing - It was moved by Counc. Plungy, selonded by
Counc. Gatto and p~ssed unanibOusly to approve s part-time clerical pers
and s student intern to assist in staffing the Energy Commission and
to appropriste $3,733.
Solid Waste
Management
Staffing <.If
Energy Comm.
·-
~9
~~y 2 in
Creston de-
cision
Checking of
referendum
signatures
Res. No. 5634
and 5635
adopted
;Aons re
l'llt'slation
.
HlNUTES OF THE MAY 18, 1981 CITY COUNCIL MEETING
Creston - It was moved by Counc. Plungy, seconded by Counc. Gatto and
psased unanilllously to approve the sending of a letter to LAFCO approvtaa
a delay of I.ny decision on the Creston sphere of influf'r.ce until after
the June 2~ meeting of the Los Altos City Council.
City Clerk's ReþOrt
It vas moved by Counc. Gatto, seconded by Counc:. Plungy and passed
unanilllously to approve that the random s8lllpling method of checking
signatures on the referendum petition be used.
It vas II!Oved ¡'y Counc:. Gatto, seconded by Counc. Plungy and passed
unanimously to adopt Resolution No. 5634 ("A Resolution of the City
Council of the City of Cupertino Authorizing Execution of Agreement
with Midpeninsula Regional Open Space District for Temporary Use of
Picchetti Property for Recreation Program") and Resolution No. 5635
("A Resolution of the City Council of the City of Cupertino Authorizfn&
Execution of Caretaker ~greement re McClellan Ranch Park").
City Clerk's Note: Assistant to the City Manager Brown left the meet1n&
at 7:15 p.m.
Legislative Review Comm1tte~
It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanillloualy to take the following action on pending legislation:
Support SB 1236, Burglary; SB 215, Transportation Financing - Gas
Tax Increase; SB 1123, Public Safety Officers Procedur.al Bill of Rights;
SB 230, Hunicipal Election Dates; sa 500, Tort Reform Legislation;
AB 601, Tort Reform Legislation; SB 305, Workers' Compe....ation Disability
Retir~ment8.
Oppose SB 314, Binding Arbitration; AB 1721, Local Government Collective
Bargaining!Agenc} ~hop!Binding Arbitration; AS 950, Transportation
Financing; ACA 35, City and County Elected Officers; AB 1995, Adoption
of General Plan including Housing Element; and SB 579, Business and
Professions Code re Contractors.
At 7:25 the meeting vas adjourned and reconvened in the Council Chamber
at 7:'0 p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present:
Coune. Absent:
Gatto, Johnson, Plungy, Mayor Sparks
Rogers
Staff Present:
City Hanager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development SiRk
City Attornet Kilian
·
·
·
"I~TZS C" THE HAY 18, 1981 CITY COUNCIL MEETING
CONSENT CALENDAR
With the relDOvsl of It.. 18, it was IIOved by Cou.,c. Gatto, seconded by
Counc. Johnson and passed unan:l.r.JOusly to approve the Conaent Calendar.
8. R~solution No. 5623: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the AIIIo
and frOlD the Funds as Bereinafter Described for Salaries and Wages
for the Period Ending May 5, 19111."
9. Resolution No. 5624: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts snd from the Funds aø Bereinafter Described for General and
H1scel1sneous Expenditures for the Period Ending May 6, 1981."
10. Resolution No. 5628: "A Resolution of the City Co mcil of the City
of Cupertino Authorizing Reimbursement to Nellis Corporation from
!~ster Storm Drain Fund for Master Storm Line Constructed in Conjunc
tion with Tract No. 6310."
11. ReRolution No. 5629: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of IlIprovement Agreement between
the City and Vallco Park Limited in Conjunction with Tandem III,
Vallco Parkway."
12. Resolution No. 5630: "A Resolution of the City Council of the City
of Cupertino Approving Contract Chsnge Order No.4 for Thre.. Oaks
Park, Project S0-28."
13. Resolution No. 5631: "A Resolution of the City Council of the City
of Cupertino Approving the FiI::1l Map and Improvement Plans of Trsct
No. 6713 Locsted st the Southwest Corner of Stevens Creek Boulevsrd
and Finch Avenue; Developer, Far West Savings; Accepting Certsin
Easements; Authorizing Signing of Final Ha? and Improvem~r Plans;
Authorizing the Execution of Agreement in Connection Therewith."
14. Resolution No. 5625: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Rer.onstruc-
tion ~f Curbs, Gutters and Sidewalks, Project 81-20."
15. ResolutÜ.n No. 5626: "A Resolution of the City Council of the City
of Cuoertino Approving Contract Lnange Order No. I for Stevens
Creek Boulevard at \ù\i1road Widening, Proj ect 80-42."
16. Acceptance of City projects performed under contract:
(a) Three Oaks Park.
(b) Dolorrs Avenue Water Line.
CC-~39
!..ge 3
I Consent Calen-
dar approved
I w:
.
Safe Boatin..
proclamation
Public hearing
closed
Res. No. ';627
adopted
.
KINUTI!S Of THE MAY 18, 1981 CITY COUNCIL MEETING
17. Application BC-5l,443.1 - Silver Oaks West requesting approval
of architectural and landscsping aodifications for an existing
commercial d.-yelopment. Said property is located at the northwest
corner of Steven., Creœk Boulevard and Foothill Expressway in a
P (Planned Development vith residential snd c.....rcial intent)
zoning district. Reconmended for approval.
18. Removed.
19. Minutes of the regular City Council lIeeting of Hay 4, 1981.
(CC-S38)
Vote Members of the City Council
AYES: Gstto, Johnson, Plungy, Sparks
ROES: None
ABSENT: Rogers
ABSTAIN: None
ORAL COMHUIIICATIONS
20. Presentation of proclamation regarding "National Safe Boating Week",
Hayor Spsrks presented a proclamation to representatives from the United
States Coast Guard Auxiliary proclaiming the week of June 7, 1981
as "National Safe Boating Week in Cupertino".
PUBLIC HEARINGS
21. Considerstion of vacation of porti~n of Olive Street.
(a) Resolution No. 5627: "A Resolution of the City Council of
the City of Cupertino Ordering Vscation of a Portion of Olive
Street Located bet.een Imperial Avenue and Ps,adena Avenue:
as Provided in Section 8320 et seq. of the Streets and Highvays
Code of the State of California: Retaining Portions as Public
Utility Easement, Sanitary Sewer Easement, Landscap~ Easement,
Pedestrian ~nd Bicycle Easement: to be Effective upon Con-
struction of the Street Improvements."
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to close the public hearing.
It was moved bl Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to endct Resolution No. ';627.
·
KIIIUTES OF THE KAY 18, 1981 CITY COUNCIL MEETING
PLANNING APPLICATIORS
22. Application 28-U-80 of Vallco Park, Ltd.: Aaendment to Condition
~~ nf Use Pe~t to alter the site ezhib1t by shifting allowable
building apace to alternative l~cations on th~ site and by aod!fy·
ing the internal Parking and Circulation Plan and Enviroaaental
Rev1e11: The project was pr..,ioualy assessed, hence, no actioD ie
required. The subject property is located on the south &ide of
Prune ridge Avenue approximately 500 ft. westerly of Tant8U Avomue
in an MP (Planned Industrial Park) zoning district. Recommended
for approval.
CC-539
Page 5
it vas IIIOVed by CClunc. Gatto, seconded by Comc. Johnson and passed unan 28-u-80
1mously to approve Application 28-U-80 of Vallco Park, Ltd. per Planning approved
Commission Resolution No. 2199.
·
23. Application 5-TK-8l of Leonard C. Molander: Tentative Hap to sub-
divide one parcel consisting of approximately 1.30 acres into six
parcels ranging in size frOlB approxillately 6,030 sq. ft. to 14,400
sq. ft. and Environmental Review: The Plsnning Commission recom-
mends the granting of s Negative Declaration. Said property is
located on the east side of Stelling Road approximately 350 ft.
northerly of the Highvsy I!S rigÞt of way in an Rl-6 (Single-family
Residential, 6,000 sq. ft. ainimum lot size) zoning district. Rec
aeoded for ai'¡:!"l)val.
[t was IIIOVed by Comc. Gatto, seconded by Counc. Johnson and passed unan
1mously to grant a Negative Declaration for 5-TH-8l.
It vas moved by Counc. Gatto, seconded by Counc. Johnson snd passed unan
imously to approve Application 5-TK-8l per Planring Commission Resolu-
tion No. 2207.
NEW BUSINESS
33. Request for authorization to retatn consultant to prepare appraisal
report for property adjacent to Jollyman Park and approval of appro
priation therefor.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to authorize staff to retain an appraiser for a report on
property adjacent to Jollyman Park and appropriate $1,500 from the
General Fund fo~ this purp~se.
PLANNING APPLICATIO~" (c~ntinued)
·
24. Appll=ations 7-TH-81 and 3-V-81 of Pat-Whale, Inc. (WTW): Tenta-
tive Hap to resubdivide thr~e parcels consisting ot .00 acre into
three lots ranging ~n siz~ from approximately 7,850 ~q. ft. to
20,900 ¡q. ft.; Variance froll Section 8.2 of the RI (Single-family
Residentinl) Zoning Ordinance to permit a reduction in the required
front yard sptback distance for Parcel C of the subject map a~d
Environmental Review: The Planning Commission recammends th~ grant
ing of a Negative Declaration. Said property is located at the
southerly terminus of San Felipe Road approximately 300 ft. south
of Alcalde Road in an Rl-IO Zoning Distric.. Recommended for
approval.
Negative Dec.
for 5-TH-81
5-TH-8l
approved
Appraiser re
Jollyman Park
- ~- ~ - _. "--
.:
Negative Dec.
for 7-nl-8l
and J-V-8l
7-tH-8l and
J-V-81
approved
Res. No. 5632
adopted
.
2-V-81
approved
Res. No. 5633
ado p ted
.
MTNUTES OF THE KAY 18, 1981 CITY COUNCIL MEETING
24. (a) Resolution No. 5632: "A Resolution of the City Council of
the City of Cupertino Granting a Variance to Pst-Whale,
Inc. (WTW) from Section 8.2 of the Rl (Single-faaily
Residential) Zoning Ordinance to Permit sjeduction in
the Required Front Yard Setback Distsnce for Parcel C;
Located st the Southerly Terminus of San Felipe Road Approxi-
mately 300 Ft. South of Alcalde Road in an Rl-lO Zoning
Diltrict."
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to grant a Negstive Declaration for Applications 7-TM-8l
Snd 3-V-81.
It was move~ uy Counc. Plungy, seconded by Counc. Johnson and passed
unaniØlOusly to approve Applicst10ns 7-TM-8l and J-V-81 per Planning
Comadssion Resolutions 2208 and 2209.
Warren Whaley, applicsnt, addressed Cout._il regsrding the conditions
on the spplications.
It was moved by Counc. Plungy. seconded by Counc. Gatto and passed
unanimously to adopt Resolution No. 5632.
25. Application 2-V-8l of Ronald Jones: Variance frcm Sections
8.3lb and 9.1 of the Rl (Single-family Residential) Zoning Ord-
inance to permit a reduced side yard setback and a one-car
gsrsge, in lieu of the min1œua 10 ft. setback and two enclosed
garsge parking spsces as required by Ordinsnce and Et.lironmental
Review: The project is categoric~lly exempt, hence, no action
is required. Said property is locsted on the north side of Scenic
Boulevard approximately 100 ft. easterly of Carmen Road in an
Rl-lO zoning district. Recommended for approval.
(a> Resolution No. 5633. "A ReHolution of the CiLy Council of
the City of Cupertino Grar.ting a Variance to Ronald Jones
from Sections 8.3lb and 9.1 of the Rl (Single-family Resi-
dential> Zoning Ordinance to Permit a Reduced Side Yard
Setback and a One-Car Garage, in Lieu of the Minimum 10
Ft. Setback and Two Enclosed Garage Parking Spaces as
Requir~J by Ordinance; Located on the North Side of Scenic
Boulevard Approximately 100 Ft. Easterly of Carmen Road in
an Rl-IO Zoning Dis~dct."
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to approve Application 2-V-81.
It was moved by Counc. Gatto, seco· 1ed by Counc. Plungy and passed
unanimously to adopt Resolution No. 5613.
·
·
·
HINUTES OF THE KAY 18, 1981 CITY COUNCIL MEETING
ITEMS ROOVED nœ CONSENT CALENDAR
18. Applicat1øD BC-5l,270.2 - Shell Oil Company requesting approvsl of
archit.ctural, signing, and landscaping modifications for an existi
conoercial.developaent. Ssid property is located at the northvest
corner of Stevens Creek Boulevsrd and Foothill Expressway in a P
(Planued DeveloplleDt with reeidential and c~rc1al intent) zoninl
district. Recoa.eøded for approval.
Hr. Leroy Isaacs, representative of Shell Oil Co., sddressed Council
regarding coøcerna of conditions do. ~ and 13. He requested that this
item be continued in order that he may go back to the Architectural and
Site Approval eo..ittee,
It vas DIOVed by Counc. Plungy, seconded by COUDC. Gatto and passed unan-
imously to continue Application BC-5l,270.2 of Shell Oil Co. for
thirt; days in order for the applicant to review conditions vith Archi-
tectural and Site Approval eo..ittee. The City Clerk shall forward a
Hinute Order to ASAC requesting that they meet with the applicant's rep-
resentative.
NEW BUSINESS
28. Claim for damages filed by Jose R. Lozano.
CC-539
Pege 7
HC-5l,270.2
continued
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- Claim rejected
imously to reject thO! claill tiled by the County Superintendent of School
regsrding an accident between their driver Jose Lozano, and a City em-
ployee.
29. Considerstion of policy pertaining to banner instsllation.
It was moved by Counc. Gatto, seconded by Counc. Plungy and pas8ed unan-
imously to approve the banner installation procedure ss submitted by
staff .
30. Appointllent to Association of Bay ~rea Governments and Inter City
Council.
It was moved by Counc. Gatto, seconded by Counc. Johnso~ and passed unan
imously to continue appointments to ABAG and ICC to the meeting of June
I, 1981.
31. Request from Lincoln Property Co. for interpretation of existing
gen~ral ordinance as it relates to Town Center North.
Counc. Gatto reviewed the existing Gcneral Plan and ordinance as they
related to Town Center North.
Hr. Burch Boone of Lincoln Pr~perty Co. addressed Coun~il regarding his
quest-ions.
32. Claim for damages filed by State Farm Insurance Company on behalf
of Rory and Linda Anne Ward.
Banner instal-
lat ion pro-
cedure
Silí39
.f~ic1ent
claim
Appropriation
for traffic
signal modi-
fication
.nd reading
of Ord. 1105
Ord. No. 1105
enac ted
Second reading
of Ord. lilO
Ord. 1/0. 1110
enacted
.
MINUTES OF THE KAY 18, 1981 CITY COUNCIL MEETING
It vas IDOved by Counc. Gatto, seconded by Counc. JohnSOD aDd passed
with Counc. Sparks abstaining to follow staff recolllllendatiDÐ tha:
this item be withdrawn from the agenda and the City .:lHk'. office
"end a Notice of Insufficiency of Claim.
34. Request for appropriation for Stevens Creek Boulevard/Wolfe Road
traffic signal modification frOll Vallco Environmental Iapact
Fund.
It vas moved by Counc. Ga~to, seconded by Counc. Johnsoo aDd passed
unanimously to sppropriate $20,000 from the Vsllco EnviroaaeDtal Impact
Fund for the Stevens Creek Boulevard/Wolfe Rosd Traffic staaal Modifica-
tion PTogr_.
WRITTEn w¡'MUNICATIONS
35. None
ORDINANCES
36, Second reading of Odinatrce No. 1105: "An Ordinance of the City
Council of the City of Cupertino Autho !zing an Aaenå-t to the
Contract between the City Council snd Board of Administration
of the California Publi.: EJDployees' Retirement Syst_.·
It was moved b7 Counc. Plungy, seconded by Counc. Gstto and passed
unanimously to read Ordinance No. 1105 by title only and the City Clerk's
reading to constitute the second resding,
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to enact Ordinance No. 1105.
37. Second reading of Ordinance No. 1110: "An Ordinance of che City
of CuperCino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 8 Gross Acres fro. P to Põ Located on the North
Side of Rodrigues Avenue from De Anza Boulevard to a Point Approxi-
mately 400 Ft. Westerly of Torre Avenue."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1110 by title only and the City
Clerk's reading to constitute the second reFding.
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to enact Ordinance No. 1110.
UNFINISHED BUSINES~
27. Setting of City policy for sale and use of fireworks.
<a; Secon. reading of Ordinance No. lIOR: "An 'Jrdinanc" of
the City of Cupertino Amending Chapter 10.24 of the Cupertino
Hunicipal Code Relating to the Sale, Use and/or Discharge
of Fireworks within the City."
,.~---
.
.
,
HINUTES OF THE KAY 18, 1981 an COURCIL HEETING
or 27. (b) Urgency Ordinance 110. 1111: "An Ordinance of the City of
Cupertino Amending Chapter 10.24 of the Cupertino Municipal
Code Relating to the Sale, Use, and/or Discharge of Fireworks
within the City aJld Declaring the Urgency Ther.-of."
(c) Second reading of Or4inaAc:e 110. 1109: "An Ordinance of the
City of Cupertino .~.1in¡ Section 16.40.090 of the Cuper-
tiøo Municipal Code."
It was \!lOved by Counc. Plungy aDd seconded by Counc, Johnson to ban the
sale and discharge of fireworks within the City of Cupertino. Councll-
members Gatto end Sparks dissented. The motion did DOt pS8S.
It wssmoved by Counc. Gatto. Mconded by Counc. Johnson and passed
unanimously to continue discusston of this matter to the lIeeting of June
1 when it is anticipated that . full Coœcll will be present.
At 8: 35 p.lII.
the llleeUn¡ vas adjourned.
~~¿/~J,
City Clerk
CC-S39
Page 9
Motion to ban
fireworks
defeated
Fireworks dis-
cu..ion con-
tinued