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CC 02-01-82 -- . . . CITY OJ' CUPERTINO, STATE OF CALIFO;a¡L\ 10300 Torre Avenue, Cupertino, CA 95014-3255 Telephone: (408) 252-4505 KIRUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 1, 1982 IN THE COUNCIL CHAKBER, CITY HALL CUPERTINO, CALIFORNIA Mayor Sparks called the meeting to order at 6:50 p.m. in the Council Chamber of City Ball. SALUTE TO THE FLAG ROLL CALL Counc. Present: Gatto, Johnson, Plungy, Rogers, Mayor Sparks Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning and Development Sisk Director of Parks and Recreation Dowling (left at 8:15 p.m.) Director of Finance Snyder City Attorney Kilian Assistant to the City Manager Brown (7:00 p.m.) STAFF REPORTS 1. Oral reports by staff members and submission of written reports. City ManaRer's Report Street Light Maintenance - It as moved by Counc. Plungy, seconded by Counc. Johnson and passed with Counc. Rogers dissenting to contact the Public Utilities Commission regarding PG&E's lack of replacing street lights upon notice of their being burned out. By consensus, Council requested staff to provide infornationcgarding the City's owning of all street lights. There was a brief discussion regarding the State reapportionment. The City Attorney stated that in his opinion the City of Cupertino would be represented by Sen. Alquist. Council said they would be happy to meet with the Senator. It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously that the City Manager, when contacted by San Mateo regard- ing their filing of a suit pertaining to reap"ortionment, is to get more details about the suit and to inform San Mateo of the City's interest. CC-559 'age 1 Street light maintenance State reappor- t ion men t San Mateo re- appporrionment suit The budget meeting originally scheduled for February 24 was changed Budget meeting to February 23, 1982. The City Clerk was directed to notify the press. CC-559 tl!uve Review Com- mittee. -Consent Calen- dar approved . . MINUTES OF THE FEBRUARY 1, 198Z CITY COUNCIL MEETING Legislative Review Committee - It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unanimously to support SB 500 ~Tort Liability), SB 1336 (Tort Liability), AS 665 CMortgage Revenue Bonds) and to oppose SB 1093 (Handa tory Density Bonus). Council requested copies of SB 1253, SB 1108 and AB 16. CONSENT CALENDAR It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to approve the Consent Calendar. 7. Resolution No. 5803: "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 Here~naft~r Described for Salaries and Wages for the Period Ending January 12, 1982." 8. Resolutio:1 No. 5804: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in t~d Amounts and from the Funds as Hereinafter Described for salaries and Wages for the Period Ending January 15, 1982." 9. Resolution No. 5805: "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 Miscellaneous Expenditures for the Period Ending January 22, 1982." 10. Resolution No. 5806: "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 Salaries and Wages for the Period Ending January 26, 1982." 11. Resolution No. 5807: "A Resolutio"l of the City Council of the City of Cupertino Approving Parcel Map and Improvement Plans of Property Located on Crescent Road: Developer, Nargaretich Construc- ction, Inc.; Authorizing Execution of Improvement Agreement: Auth- orizing Signing of Parcel Map and Improvement Plans." 12. Resolution No. 5808: "A Resolution of the City Council of the City of Cupertino Authorizi"lg the Execution of Grant Deed of Real Property to Santa Clara Valley Water District; Calabazas Creek Just Northerly of Stevens Creek Boulevard." 13. Acceptance of municipal improvements - Tract No. 6765, Wildflower Way. 14. Request for waiver of business li~ense :ees submitted by the Fine Arts League of Cupertino. 15. Application HC-5l,576.0 - D.C.E., Incorporated requesting archi- tectural and site approval for an 8,50~ sq. ft. commercial/office building. The subject property is located on the southeast corner of Stevens Creek Boulevard and Pasadena Avenue. Recommended for approval. · · · MINUTES OF THE J'EIIRUARY 1, 1982 CITY COUNCIL MEETING 16. Resolution No. 5809: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Parviz BlIIIVar Consisting of Approximately 0.l5 Acrea, Located along MirlmOllte Road." 17. Resolution No. 5810: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Improv...nt Plans of Property Located on MiralllOnte Road; Developer, James G. Boghosisn and Thomas M. Bid.gary; Authorizing Execution of IIIprovement A&ree- ment: Authorizing Signin@ of Parcel Hap and Improvement Plans." 18. Minutes of the regular City Councl meeting of January 18, 1982. (CC-558) ~ Members of the r.ity Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS 19. None PUBLIC HEARINGS 20. Application 24-Z-8l of William H. Avery: Prezoni~g approximately 6.7 gross acres from pre A (Agricultural) to pre Rl-6 (Residential Single-family, 6,000 sq. ft. mint.ua lot size)zone and Envir~nmenta Review: The Planning Commission recommends the granting of a Nega- tive Declaration. The subject property is located at the eastern terminus of November Drive. Recommended for approval. (a) First reading of Ordinance No. 1162: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 6.7 Gross Acres from Pre A Zone to Pre R1-6 Zone; Located at the Eastern Terminus of November Drive." CC-559 Page 3 It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- Public hearing imously to close the public hearing. cloDed It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unan- Negative D~c. imously to grant a Negative Declaration for Application 24-Z-8l. for 24-Z-8l It was moved by Counc. Gatto, seconded by Counc. Rogers and passed unan- 24-Z-8l imously to approve Application 24-Z-8l per Planning Commission Resolu- approved tion No. 2551. It was moved by Lounc. Plungy, seconded by Counc. Gatto and passed unan- First reading imously to read Ordinance No. 1162 by title only and the City Clerk's of Ord. 1162 reading to constitute the firs~ reading. ·5: Smoke detector public hearing . Ballot Measure B, election date Res. No. 5775 and 5776 adopted; Attorney to prepare analy- sis of measure .hase of van and sedan awarded MINUTES OF THE FEBRUARY l, 1982 CITY COUNCIL Kl!l!TIRG PLANNING APPLICATIONS 21. None ARCHITECTURAL AND SITE APPROVAL COKKITTEE APl'LICAtIONS 22. None ITEMS REMOVED FROM CONSENT CALENDAR 23. None UNFINISHED BUSINESS 24. None NEW BUSINESS 25. Request from Public Safety Commission for setting of date for a publi~ hearing to consider a smoke detector ordinance. By consensus, Council scheduled a public hearing to consider a smoke detector ordinance for their meeting of Tuesday, Karch 9, 1982. 26. Discussion regarding changing of general municipal election date to November of odd-numbered years. Resolution No. 5775: "A Resolution of the City Cou~cil ~f the City of Cupertino Calling for a General Municipal Election to be Held on June 8, 1982 and Requesting Consolidation." Resolution No. 5776: "AResolution of the City Council of the City of Cupertino Determining Charges and Regulations for Candidates, Requesting Statement of Candidates or Other Mailings in Connection with the General Municipal Election of June 8, 1982." It was moved by Counc. Plungy, seconded by Counc. Johnson and passed with Counc. Gatto dissenting to appr.ove placing a measure cn the Jun~ ballot (Measure B) which would change the General Municipal election dace to Novembe~ of odd-numbered years. It was moved by Counc. Rogers, seconded by Counc. Gatto and passed unanimously to adopt Resolution No. 5775 including the measure per- taining to changing of elect' on date, to adopt Resolution No. 5776, io~ the Council to Dot take a ballot position 00 Measure B and to direct the City Attorney to prepare an i~art1a1 analysis of Measure B. 27. Report on bid opening for equipment, DPW 82-1, aud award of contract It was moved by Counc. Gatto, seconded by r.ounc. Rogers and passed undnimously to awar3 purchase of van to Spartan Dodge in the amount of $7,800.06 and purchase of a sedan to Frontier Ford in the amount of $7,987.12. . . . MIN11rES OF THE nBP.UARY 1, 1982 CITY COUNCIL MEETING 28. Rev1~w of City of Cupertino AnDual FiDancial Report. Council accepted the report. 29. Claim for damages filed on behalf of Anthony J. Carrillo. It was moved by COlIne. Gatto, seconded by Counc. Ph.ngy and passed unan imously to reject the claim. 30. Claim for damages filed on b~half of Charlotte Baua. It vas mov9d by Counc. Pltmgy, seconded by Counc. G~tto and passed unanimously to reject the claim. WRITTEN COMMUNICATIONS 31. Letter from Omar Chatty regarding Guadalupe Corridor Alternative reconsideration. The c01llllllD1ication was received by Council. ORDINANCES 32. First reading of Ordinance No. 1163: "An Ordinance of the City of Cupertino Amending Section 11.24.líO of the Cupertino Municipal Code, Relating to Parking Limitation on Valley Green Drive and Exceptions Included." It was moved by Counc. Plungy, seconded by Co~nc. Gatto and passed unanimously to read Ordinance No. 1163 ~v title only and the City Clerk's reading to constitute the first reading. 33. First reading of Ordinance No. 1164: "An Ordinance of the City of Cupertino Superceding Ordinance No. 1150 and Changing the Date of the General Municipal Election from April, 1982 to that of the Statewide Primary, and Requesting Approval from the Board of Supervisors. If It vas moved by Counc. Plungy, seconded by Coanc. Gatto and passed unanimously to reaJ Ordinance No. 1164 by title only and the City Clerk's reading to constitute the first reading. RESOLUTIONS 34. None NON-AGENDA aUSINESS 35. Recognition ~y ~iayor of special requests (a) General Audience - Alf Modi"". Emertency Coordinator of Communications. recommended that a~ antenna be placed on th~ roof of City Hall with a cable to the basement and a trar.s- mitter for use during emergencies. Council agreed with the recommendation. No action was necessary. CC-559 'age 5 Financial Repor accepted urillo da:i.m rejected Baua claim rejected Communication First leadinp; of Ordinance No. 1163 First reading of Ord. 11£', E D£ rgency antenna "'-9 ¡'11!1" 6 . Council. letter head nu.'JU'S OF THE lDJlUAU l. 1982 CITY COUNCIL MEETING (b) City Council - Council requested letterhead with the naee of CouncU--1)au and the Mayor. At 8:40 p.m, the Meting _. adjourned to Tuesday, Februar¡ l6, 1982. t?~ ß~. . . I